PC R 24-2399RESOLUTION NO. 24-2399
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ARROYO GRANDE RECOMMENDING THE CITY
COUNCIL ADOPT AN ORDINANCE AMENDMENT
REGARDING PUBLIC ART
WHEREAS, in 2002 the City Council approved measures to promote art in the
community, establish a uniform process for the review and selection of public art on public
and private property that would be reflective of the community but limit City Government
involvement, and identify general guidelines and selection criteria to promote creativity
and freedom of expression, but also compatibility with the character design and
environment of the surrounding area; and
WHEREAS, in 2004 the City Council adopted a Resolution approving Public Art
Guidelines and an Ordinance incorporating them by reference into the Municipal Code
as part of the Design Guidelines and Standards for Mixed Use Districts; and
WHEREAS, in 2011 the City Council amended the Design Guidelines and
Standards for Mixed Use Districts to establish standalone Public Art Guidelines and a
Public Art Donation Program; and
WHEREAS, the City Council amended the Public Art Guidelines and Public Art
Donation Program again in 2021; and
WHEREAS, at a study session on March 12,, 2024, City Council directed staff to
amend the Public Art Guidelines, Public Art Donation Program and Arroyo Grande
Municipal Code (AGMC) Section 16.16.200 to resolve inconsistencies and improve the
review process; and
WHEREAS, this ordinance amends AGMC Section 16.16.200 to apply to public
art in general, incorporate by reference the Public Art Guidelines and Public Art Donation
Program, and authorize City Council as the approving body for public art projects; and
WHEREAS, on April 16, 2024, the Planning Commission conducted a duly noticed
public hearing to consider the staff report, recommendations by staff, and public testimony
concerning the ordinance amendments. Following the public hearing, the Planning
Commission voted to forward the ordinance to the City Council with a recommendation in
favor of its adoption; and
WHEREAS, this action is not subject to the California Environmental Quality Act
("CEQA") pursuant to State CEQA Guidelines sections 15060(c)(2) and 15061(b)(3). The
activity is not subject to CEQA because it will not result in a direct or reasonably
foreseeable physical change in the environment; and the activity is covered by the general
rule that CEQA applies only to projects which have the potential for causing a significant
effect on the environment. Here, the Planning Commission made a recommendation to
65501.00002\42190255.1
RESOLUTION NO. 24-2399
PAGE 2
City Council regarding a proposed change to the development code, and this action
cannot cause a physical change to the environment on its own. Thus, it can be seen with
certainty that there is no possibility that the activity may have a significant effect on the
environment, the activity is not subject to CEQA.
WHEREAS, AGMC Section 16.16.040 requires that the Planning Commission
provide recommendations to the City Council regarding amendments to Chapter 16.16;
NOW, THEREFORE, BE IT RESOLVED that:
1. All recitals above are true and correct and are incorporated herein by reference.
2. The Planning Commission of the City of Arroyo Grande hereby recommends the City
Council adopt amendments to Title 16 of the Arroyo Grande Municipal Code as
attached hereto as Exhibit "A" and incorporated herein by this reference.
On motion by Commissioner Berlin, seconded by Commissioner Maraviglia, and by the
following roll call vote, to wit:
AYES: Berlin, Maraviglia, Buchanan, Roof, Sackrison
NOES: None
ABSENT: None
the foregoing Resolution was adopted this 16th day of April, 2024.
RESOLUTION NO. 24-2399
PAGE 3
r
JAMIE MA V LIA
CHAIR
ATTEST:
PATRICK HOLUB
SECRETARY TO THE COMMISSION
AS TO CONTENT:
BRIAN PEDROTTI
COMMUNITY -DEVELOPMENT DIRECTOR
RESOLUTION NO. 24-2399
PAGE 4
EXHIBIT A
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE AMENDING SECTION 16.16.200 OF
THE ARROYO GRANDE MUNICIPAL CODE REGARDING
PUBLIC ART AND FINDING THE ORDINANCE EXEMPT
FROM THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT
WHEREAS, in 2002 the City Council approved measures to promote art in the
community, establish a uniform process for the review and selection of public art on public
and private property that would be reflective of the community but limit City Government
involvement, and identify general guidelines and selection criteria to promote creativity
and freedom of expression, but also compatibility with the character design and
environment of the surrounding area; and
WHEREAS, in 2004 the City Council adopted a Resolution approving Public Art
Guidelines and an Ordinance incorporating them by reference into the Municipal Code
as part of the Design Guidelines and Standards for Mixed Use Districts; and
WHEREAS, in 2011 the City Council amended the Design Guidelines and
Standards for Mixed Use Districts to establish standalone Public Art Guidelines and a
Public Art Donation Program; and
WHEREAS, the City Council amended the Public Art Guidelines and Public Art
Donation Program again in 2021; and
WHEREAS, at a study session on March 12, 2024, City Council directed staff to
amend the Public Art Guidelines, Public Art Donation Program and Arroyo Grande
Municipal Code (AGMC) Section 16.16.200 to resolve inconsistencies and improve the
review process; and
WHEREAS, this ordinance amends section 16.16.200 to apply to public art and
general and authorize City Council as the approving body for public art projects; and
WHEREAS, on April 16, 2024, the Planning Commission conducted a duly noticed
public hearing to consider the staff report, recommendations by staff, and public testimony
concerning the ordinance amendments. Following the public hearing, the Planning
Commission voted to forward the ordinance to the City Council with a recommendation in
favor of its adoption; and
WHEREAS, on , 2024, the City Council conducted a duly noticed public
hearing to consider the ordinance, including: (1) the public testimony and agenda reports
RESOLUTION NO. 24-2399
PAGE 5
prepared in connection with the ordinance; (2) the policy considerations discussed
therein; and (3) the consideration and recommendation of the Planning Commission; and
WHEREAS, the City Council of the City of Arroyo Grande, at its regularly scheduled public
meeting on , 2024 introduced this Ordinance to amend Section 16.16.200 of
Title 16 of the Arroyo Grande Municipal Code; and
WHEREAS, all legal prerequisites to the adoption of the ordinance have occurred.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES
ORDAIN AS FOLLOWS:
SECTION 1. Incorporation. The above recitals are true and correct and are
incorporated herein by this reference.
SECTION 2. Environmental. The City Council finds that this ordinance is exempt
from the California Environmental Quality Act ("CEQA") because the ordinance does not
qualify as a "project" under CEQA and because the ordinance will not result in a direct or
reasonably foreseeable indirect physical change in the environment. (State CEQA
Guidelines section 15060, subd. (c)(2), (3).) Section 15378 of the State CEQA Guidelines
defines a project as the whole of an action, which could potentially result in either a direct
physical change, or reasonably foreseeable indirect physical change, in the environment.
Here, the ordinance will not result in any construction or development, and it will not have
any other effect that would physically change the environment. The ordinance therefore
does not qualify as a project subject to CEQA.
SECTION 3. Required Findings. In accordance with section 16.16.200 of the
Arroyo Grande Municipal Code, the City Council hereby makes the following findings:
1. General Plan. The ordinance's amendments to the AGMC are consistent
with the general plan and necessary and desirable to implement the provisions thereof.
Specifically, the updates will resolve internal consistency within the Guidelines, resolve
inconsistency between the Guidelines and the AGMC, and provide more objective design
criteria to guide those applying for a permit and reviewing bodies when evaluating
applications for public art.
2. Health, Safety, and Welfare; Illogical Land Use Pattem. Adoption of the
ordinance will not adversely affect the public health, safety, and welfare as it simply
updates the AGMC to resolve an inconsistency with the Public Art Guidelines and ensure
a consistent, predictable review process for public art projects.
3. Consistency with Title 16. This ordinance is consistent with the purpose and
intent of AGMC Title 16 because it removes an internal inconsistency therein and ensures
that the provisions thereof are consistent with the City's general plan.
4. Environmental. See Section 2 above.
RESOLUTION NO. 24-2399
PAGE 6
SECTION 4. Code Amendment. Section 16.16.200 of the Arroyo Grande
iv unicipal Code is hereby amended to read as follows (additions shown in underline and
deletions shown in ehh):
16.16.200 MUFal-per-mwPublic Art.
Purpose and Intent. To facilitate and encourage property owners to provide
outdoor public artincluding but not limited to. murals. ensuFe a muFal
oennhane s the Mrnhitentl Ire OF aestheties of a building OF wall and to ensure
C. Submittal and Review Procedures.
4, 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 Pro ram. -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.
nen}inn evterior I;Gundaries and rlimenc.ionc. of the
t
eR4ir�ppeFttthAt is the 6ubjen 't
u Publrd
ic and,erpriyate ajanent Gtreetc rinhtr_nf_,uav
�,
and easements,
iv Cvi�+4inn anr) prnnn6ed b lilydinn6 and 6trl Int Iren
n . vca-vvlrvrrr9ar,urr ....,...... ,..tet
v Wall fennec. evterinr II/'IhtlpM Strl lntUpes anr) planter)
T.-��a�r�cnvca, c�cccnvr-trynarry-ozrvoccrl- .. ....... �,.......,,,,..
as rcrrcas,
i D*Fnen6i9ne and area (in 6nl lave feet) of the ml Fal
RESOLUTION NO. 24-2399
PAGE 7
RESOLUTION NO. 24-2399
PAGE 8
v The nrnnnse mural,
1 IGGatinn nr nlarement
.7
size and vcvi it ie rn isl6tent
with the rhar_arter_of the distrint .end
it is
the ReighberlZn-�-dd 4 A; 4-14 Awhirh
t
4. The nrnnn6ed mural inrluJinn
the nhySiGal lertr__ation_ or plaGemen+
h�
size and d ;606teRTh
wall u pen uehinh it ic. nl�ned
the GhaFa Pr of the �ildinn OF
-trh�mmplement the errhitertur
and will
aesthetirc of the building nr
!mUrrlr rnntaininn nrlvertic.inn
wall;
materials may he reviewer! wt, c.innc.
SECTION 6. Publication. A summary of this ordinance shall be published in a
newspaper published and circulated in the City of Arroyo Grande at least five days prior
to the City Council meeting at which the proposed ordinance is to be adopted. A certified
copy of the full text of the proposed ordinance shall be posted in the office of the City
Clerk. Within 15 days after adoption of the ordinance, the summary with the names of
those City Council members voting for and against the ordinance shall be published
again, and the City Clerk shall post a certified copy of the full text of such adopted
ordinance.
SECTION 7. Effective Date. This ordinance shall become effective 30 days after
adoption. .
SECTION 8. Severability. Should any provision of this ordinance, or its
application to any person or circumstance, be determined by a court of competent
jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have
no effect on any other provision of this ordinance or the application of this ordinance to
any other person or circumstance, and, to that end, the provisions hereof are severable.
The City Council declares that it would have adopted all the provisions of this ordinance
that remain valid if any provisions of this ordinance are declared invalid.
SECTION 9. Records. The documents and materials associated with this
ordinance that constitute the record of proceedings on which the City Council's findings
and determinations are based are located at 300 E. Branch Street, Arroyo Grande, CA
93420. The City Clerk is the custodian of the record of proceedings.
On motion by Council Member
the following roll call vote to wit:
AYES:
NOES:
ABSENT:
, seconded by Council Member , and by
the foregoing Ordinance was adopted this day of , 2024.
RESOLUTION NO. 24-2399
PAGE 9
CAREN RAY RUSSOM, MAYOR
ATTEST:
JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
MATTHEW DOWNING, CITY MANAGER
APPROVED AS TO FORM:
ISAAC ROSEN, CITY ATTORNEY