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HomeMy WebLinkAboutCC 2025-01-28_09g Amendments to AGMC Re ARCItem 9.g. MEMORANDUM TO: City Council FROM: Brian Pedrotti, Director of Community Development BY: Andrew Perez, Planning Manager SUBJECT: Amendments to Title 2 of the Arroyo Grande Municipal Code Regarding the Architectural Review Committee DATE: January 28, 2025 RECOMMENDATION: 1) Adopt an Ordinance amending Chapter 2.19 of the Arroyo Grande Municipal Code regarding the Architectural Review Committee; and 2) Find that the Ordinance is exempt from the California Environmental Quality Act (CEQA) because it will not result in a direct or reasonably foreseeable indirect physical change in the environment. (State CEQA Guidelines section 15060, subd. (c)(2); 15061(b)(3)). IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: No financial impact is projected. BACKGROUND: Arroyo Grande Municipal Code (AGMC) Section 2.19.070 establishes the rules, functions, and responsibilities of the City’s Architectural Review Committee (ARC). The prop osed Ordinance amendments would change the location and specify the timing of the regular meetings of the ARC. The proposed Ordinance specifies that regular meetings of the ARC will occur on the first and third Mondays of each month and be held in the City Council Chamber. At a public hearing on January 14, 20251, the City Council introduced the Ordinance as proposed. ANALYSIS OF ISSUES: The Ordinance amendments are now ready for adoption and will become effective thirty (30) days after adoption. 1 https://pub-arroyogrande.escribemeetings.com/Meeting.aspx?Id=38e02be4-6ffb-4347-9fb8- b6f2d6b41a5c&lang=English&Agenda=Merged&Item=51&Tab=attachments Page 120 of 462 Item 9.g. City Council Amendments to Title 2 of the Arroyo Grande Municipal Code Regarding the Architectural Review Committee January 28, 2025 Page 2 ALTERNATIVES: The following alternatives are provided for the Council’s consideration: 1. Adopt the Ordinance as proposed; or 2. Modify the Ordinance amendments and direct staff to return at a future public hearing to introduce the modified amendments; or 3. Provide other direction to staff. ADVANTAGES: Relocating the regular meetings of the ARC increases accessibility and transparency to the development review process. DISADVANTAGES: The Council Chamber can be used by other City users at varying times of the year, which may create scheduling conflicts. However, in the event of a conflict, the timing and location of ARC meetings can be changed with appropriate notice, as allowed by the Brown Act. ENVIRONMENTAL REVIEW: The proposed Ordinance is exempt from the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines sections 15060(c)(2) and 15061(b)(3) because it will not result in a direct or reasonably foreseeab le 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. The code amendments would only establish a new location for regular meetings of the ARC, which is not an authorization for any development or construction. 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. PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted at City Hall and on the City’s website in accordance with Government Code Section 54954.2. ATTACHMENTS: 1. Proposed Ordinance Page 121 of 462 ATTACHMENT 1 ORDINANCE NO. ____ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING CHAPTER 2.19 RELATING TO THE ARCHITECTURAL REVIEW COMMITTEE AND FINDING THE ORDINANCE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, on October 28, 2003, the City Council adopted Ordinance 547 establishing Chapter 2.19 of the Arroyo Grande Municipal Code; and WHEREAS, AGMC Chapter 2.19 establishes that regular meetings of the ARC shall be held at City Hall; and WHEREAS, this ordinance amends AGMC Chapter 2.19 to change the location of the regular meetings of the ARC to Council Chambers located at 215 E. Branch St; and WHEREAS, on January 14, 2025, the City Council conducted a duly noticed public hearing to consider the ordinance, including: (1) the public testimony and agenda reports prepared in connection with the ordinance; and (2) the policy considerations discussed therein; and WHEREAS, the City Council of the City of Arroyo Grande, at its regularly scheduled public meeting on January 14, 2025 introduced this Ordinance to amend Chapter 2.19; 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”) pursuant to State CEQA Guidelines sections 15060(c)(2) and 15061(b)(3) 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. The code amendments would only establish a new location for regular meetings of the ARC, which is not an authorization for any development or construction. 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. Page 122 of 462 ORDINANCE NO. PAGE 2 SECTION 3. Code Amendment. Section 2.19.070 is hereby amended to read as follows: 2.19.070 – Meetings Regular meetings of the architectural review committee shall be held the first and third Mondays of each month at the city council chambers located at 215 E. Branch Street, Arroyo Grande, during a time established in its bylaws; additional meetings may be scheduled as needed. SECTION 4. 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 5. Effective Date. This ordinance shall become effective 30 days after adoption. SECTION 6. 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 7. 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 ______, seconded by Council Member _______, and by the following roll call vote to wit: AYES: NOES: ABSENT: the foregoing Ordinance was adopted this ____ day of _______, 2025 Page 123 of 462 ORDINANCE NO. PAGE 3 ___________________________________ 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 Page 124 of 462