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HomeMy WebLinkAboutCC 2025-09-09_09g ARC and PC BylawsItem 9.g. MEMORANDUM TO: City Council FROM: Brian Pedrotti, Director of Community Development Jessica Matson, Director of Legislative & Information Services/ City Clerk BY: Andrew Perez, Planning Manager SUBJECT: Amendments to Bylaws for the Architectural Review Committee and Planning Commission DATE: September 9, 2025 RECOMMENDATION: 1) Adopt a Resolution amending the bylaws for the Architectural Review Committee; 2) Adopt a Resolution amending the bylaws for the Planning Commission; and 3) Find that adopting the Resolutions amending bylaws 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 anticipated. BACKGROUND: The City Council has established various advisory and decision-making bodies by resolution, including:  The Planning Commission (PC) is authorized by Arroyo Grande Municipal Code (AGMC) Chapter 2.18 and is responsible for reviewing various planning and development projects.  The Architectural Review Committee (ARC) is authorized by AGMC Chapter 2.19, and is responsible for reviewing and making architectural review recommendations on certain development projects. All of the City’s advisory bodies consist of five members appointed by the City Council. The ARC and PC conduct business in accordance with the bylaws for that body. The bylaws establish the time and place of meetings, process for elections of a chairperson Page 64 of 148 Item 9.g. City Council Amendments to Bylaws for the Architectural Review Committee and Planning Commission September 9, 2025 Page 2 and vice chairperson, and conduct of meetings. The bylaws for the ARC and PC are inconsistent with the Arroyo Grande Municipal Code (AGMC) with regards to the process of amending their respective by-laws. Bylaws for both PC and ARC currently authorize these bodies to amend their bylaws independent of City Council consideration. ANALYSIS OF ISSUES: To ensure alignment with City policies and goals, and act in accordance with the AGMC, it is recommended that the Council formally adopt the bylaws of all advisory bodies. The proposed amendments will give City Council the sole authority to amend the bylaws for these advisory bodies. This change would: 1. Enhance consistency between these bodies and overall City policies. 2. Provide greater transparency in the operation of these committees. 3. Allow for Council input on the governance of these important advisory and decision-making bodies. Future changes to the by-laws will be made by City Council Resolution only. The bylaws for the AGTBID already contain this language, and the DPAB and CSGPC operate without bylaws, therefore only amendments to the bylaws for ARC and PC are proposed at this time associated with approval by City Council Resolution. The City has also made some clean-up, more minor revisions to the ARC and PC bylaws. ARC Bylaws The ARC bylaws were adopted by the ARC in August of 2016 and have been historically amended by the ARC themselves. The proposed amendments consist of: 1) specifying City Council Chamber as the location of ARC meetings, 2) defining the quorum for ARC meetings, and 3) requiring that amendments to the bylaws shall only be made by the City Council. The proposed bylaws for ARC are included as Exhibit A of Attachment 1. PC Bylaws The current PC by-laws were adopted by PC in 2003, with the most recent amendment approved by the PC in 2009. The proposed amendments to the bylaws consist of 1) requirement that amendments to the bylaws shall only be made by the City Council, and 2) overall formatting changes for consistency across the bylaws. The proposed bylaws for PC are included as Exhibit A of Attachment 2. ALTERNATIVES: The following alternatives are provided for the Council’s consideration: 1. Adopt the Resolutions amending the bylaws of the ARC and PC; 2. Modify and adopt the Resolutions as necessary; 3. Do not adopt the Resolutions; or 4. Provide other direction to staff. Page 65 of 148 Item 9.g. City Council Amendments to Bylaws for the Architectural Review Committee and Planning Commission September 9, 2025 Page 3 ADVANTAGES: A process by which the bylaws of the City’s advisory bodies must be approved by the City Council enhances consistency and greater transparency in the governance of these bodies. DISADVANTAGES: None identified. ENVIRONMENTAL REVIEW: The proposed action 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; an d 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 amendments would only establish a process for amending the bylaws for ARC and PC, 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. Resolution adopting updated ARC Bylaws 2. Resolution adopting updated PC Bylaws Page 66 of 148 ATTACHMENT 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING THE BYLAWS FOR THE ARCHITECTURAL REVIEW COMMITTEE WHEREAS, AGMC Section 2.19.060 provides the City Council with the authority to adopt bylaws for the Architectural Review Committee (ARC); and WHEREAS, under the ARC’s current bylaws, the ARC may amend their bylaws themselves; and WHEREAS, proposed amendments to the bylaws for the ARC establish that the authority to make future amendments to the bylaws rests with solely with the City Council; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande as follows: 1. The recitals set forth herein are true, correct and incorporated herein by this reference. 2. The bylaws for the ARC Advisory Board are hereby amended as set forth in Exhibit A which is attached hereto and incorporated herein by this reference. 3. This Resolution shall be deemed effective upon its adoption. 4. Approving changes to the Bylaws of the ARC is not subject to the California Environmental Quality Act ("CEQA") because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. Moreover, the action merely constitutes an administrative activity of the City and is additionally exempt from CEQA on that basis. (State CEQA Guidelines, §§ 15060(c)(2) and 15061(b)(3).) On motion of Council Member , seconded by Council Member , and on the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this 9th day of September, 2025. Page 67 of 148 RESOLUTION NO. PAGE 2 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 68 of 148 RESOLUTION NO. PAGE 3 EXHIBIT A ARROYO GRANDE ARCHITECTURAL REVIEW COMMITTEE BYLAWS The Architectural Review Committee, hereinafter referred to as “ARC”, shall abide by the City Council adopted bylaws; pursuant to Arroyo Grande Municipal Code Section 2.19.060, for the rules and regulations for the operation and conduct of its business. A. Attendance of Members: Absence from three consecutive regular committee meetings or twenty-five (25) percent of the regular meetings during any one-year period, without the formal consent of the City Council, shall constitute the resignation of such absent member and the position declared vacant. B. Officers: At its first regular meeting in March, the members of the ARC shall elect a chairperson and vice-chairperson, who shall hold office for one year. The duties of such officers shall be as follows: Sec. 1: Chairperson: The chairperson shall preside at all meetings; shall call all special meetings, and shall perform such other duties as necessary. Sec. 2: Vice-Chairperson: The vice-chairperson shall preside in the absence of the chairperson, and shall perform such other duties as are assigned to him/her by the chairperson, or ARC as a body. Sec. 3: Community Development Director: The Community Development Director, or designee shall keep records of the actions of the ARC. C. Meetings: The regular meetings of the ARC shall be held on the first and third Monday each month at 2:30 P.M. in the City Council Chambers located at 215 E. Branch Street, Arroyo Grande, California. Sec. 1: Special meetings may be called by the chairperson or by a majority of the members of the ARC provided that written notice of such special meeting so called shall be given to each member of the committee at least 24 hours in advance of the time fixed for the meeting, and which notice shall contain the time, place, and business to be transacted. Sec. 2: The Community Development Director shall notify the public and the press of all special meetings of the ARC, in accordance with the Brown Act. Sec. 3: The ARC may at any meeting adjourn over to the next regular meeting by a majority vote, or, may recess at a stated time, date and place for continuance of the meeting. A copy of the order or notice of adjournment shall be conspicuously posted on or near the door of the place where the adjourned meeting was held within 24 hours after the time of the adjournment. Page 69 of 148 RESOLUTION NO. PAGE 4 Sec. 4: A majority vote will be required to continue discussion of agenda times after 5:00 P.M., with a goal of meeting duration not to exceed four (4) hours in total length. D. Quorum: Three members of the ARC shall constitute a quorum for the transaction of ARC business. Should there not be a quorum present, the members present may adjourn to a later date. E. Voting: Sec. 1: The chairperson or presiding officer shall call for a minute motion in the transaction of all business and matters before the ARC , unless a separate voting process is required by State law or the Arroyo Grande Municipal Code. Sec. 2: One member may demand the ayes and noes on any question. F. Conduct of Meetings: All business of the ARC shall be conducted according to “The Standard Code of Parliamentary Procedure” by Alice Sturgis. G. Committees: Special committees for particular purposes may be created by the presiding officer with consent of committee members. H. Representation: Representatives to appropriate Community or City meetings may be designated by the presiding officer with the consent of the Committee. I. Amendments: Any amendments to the bylaws shall be approved by Resolution of the City Council. Page 70 of 148 ATTACHMENT 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING THE BYLAWS FOR THE PLANNING COMMISSION WHEREAS, AGMC Section 2.18.110 provides the City Council with the authority to adopt of bylaws for the Planning Commission (PC); and WHEREAS, proposed amendments to the bylaws for the PC establish that the authority to make future amendments to the bylaws rests with solely with the City Council; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande as follows: 1. The recitals set forth herein are true, correct and incorporated herein by this reference. 2. The bylaws for the PC are hereby amended as set forth in Exhibit A which is attached hereto and incorporated herein by this reference. 3. This Resolution shall be deemed effective upon its adoption. 4. Approving changes to the bylaws of the PC is not subject to the California Environmental Quality Act ("CEQA") because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. Moreover, the action merely constitutes an administrative activity of the City and is additionally exempt from CEQA on that basis. (State CEQA Guidelines, §§ 15060(c)(2) and 15061(b)(3).) On motion of Council Member , seconded by Council Member , and on the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this 9th day of September, 2025. Page 71 of 148 RESOLUTION NO. PAGE 2 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 72 of 148 RESOLUTION NO. PAGE 3 EXHIBIT A ARROYO GRANDE PLANNING COMMISSION BYLAWS The Planning Commission, hereinafter referred to as “PC”, shall abide by the City Council adopted bylaws; pursuant to Arroyo Grande Municipal Code Section 2.18.110, for the rules and regulations for the operation and conduct of its business. A. Attendance of Members: Absence from three consecutive regular committee meetings or twenty-five (25) percent of the regular meetings during any one -year period, without the formal consent of the City Council, shall constitute the resignation of such absent member and the position declared vacant. B. Officers: At its second regular meeting in March, the members of the PC shall elect a chairperson and vice-chairperson, who shall hold office for one year. The duties of such officers shall be as follows: Sec. 1: Chairperson: The chairperson shall preside at all meetings; shall call all special meetings, appoint persons to all committees subject to confirmation by the PC, execute documents on behalf of the PC, en sure that all PC business is conducted in accordance with law, assist staff in determining agenda items, and perform such other duties as are assigned by the Commission. Sec. 2: Vice-Chairperson: The vice-chairperson shall preside in the absence of the chairperson, and shall perform such other duties as are assigned to him/her by the chairperson, or PC. Sec. 3: Secretary to the Commission: The Secretary to the Commission shall keep permanent and complete records of the proceedings of the PC, join with t he Chairperson in executing all instruments of writing requiring formal execution on the part of the PC, and post PC agendas in the manner required by law. Sec. 4: Secretary to the Commission: The Secretary to the Commission may be designated by the Community Development Director to fulfill such duties as assigned by the PC. C. Meetings: The regular meetings of the PC shall be held on the first and third Tuesdays each month at 6:00 P.M. in the City Council Chambers located at 215 E. Branch Street, Arroyo Grande, California. Sec. 1: A motion will be required to continue discussion of agenda items after 10:00 p.m. Page 73 of 148 RESOLUTION NO. PAGE 4 Sec. 2: A special meeting may be called by the Chair or by the Secretary to the Commission at the written request of at least three members; provided that written notice of such special meeting so called shall be received by each member of the Commission at least 24 hours in advance of the time fixed for the meeting, and which notice shall contain the time, the place, and shall set out the business to be transacted. Notice may be dispensed with by written waiver of each member . Sec. 3: The Secretary of the Commission shall notify the public and the press of all special meetings of the PC, pursuant to the Brown Act. Sec. 4: The Commission may at any meeting adjourn over to the next regular meeting by a majority vote, or, may recess to a stated time, date and place for continuance of the meeting . D. Quorum: Three members of the Commission shall constitute a quorum for the transaction of Commission business. Sec. 1: Should there not be a quorum present, the members present may adjourn to a later date. Sec. 2: In the absence of both the Chair and Vice-Chair at any meeting, but a quorum existing, a chair shall be selected Pro Tem by the Commissioners present and the business transacted as though the regular officers were present. E. Committees: Special committees for particular purposes may be created by the presiding officer with consent of the Commission. F. Voting: The Chair of the Commission, or presiding officer if another Commissioner presides, shall be entitled to vote with the other Commissioners in the transaction of any business and in all matters coming before the Commission. Sec. 1: Commission action for adoption or amendment to the General Plan, Development Code, Specific Plan, and Planned Development (PD) Ordinance projects shall require the affirmative vote of at least three members. Sec. 2: The affirmative vote of a majority of the Commission present shall be required for the approval of all other Commission business. Sec.3: One member may demand a roll call of the ayes and noes on any question. Sec 4: When a member of the Commission abstains from voting on any matter before it because of a potential conflict of interest, said abstention shall not constitute nor be considered as either a vote in favor of or opposition to the matter being considered. Page 74 of 148 RESOLUTION NO. PAGE 5 Sec.5: The order of voting shall be that the motion maker shall vote first, the Commissioner seconding the motion shall vote second, the remaining Commissioners alphabetical with the Chair always voting last. Sec.6: The minutes of the Commission's proceedings shall show the vote of each member for roll call votes, including if they were absent or abstained to vote on a matter considered. Sec.7: A member shall disqualify himself/herself from voting in accordance with the Conflict of Interest Law. When a person disqualifies himself/herself, he/she shall state prior to the consideration of such matter by the Commission that he/she is disqualifying himself/herself due to a possible conflict of interest, state the general nature of the conflict of interest, and shall then leave the voting area. G. Minutes: All motions, orders, and resolutions, and such other matters as the Commission orders shall be entered into the minutes. H. Conduct of Meetings: All business of the Commission shall be conducted according to "Robert's Rules of Order.” I. Resolutions: Resolutions shall be numbered consecutively on an annual basis and must be signed by the Chair and Secretary to the Commission and shall be kept in a resolution file, and may be referred to by number . J. Order of Meetings: Unless the Chair directs, the order of business shall be as follows: Sec. 1: The Chair shall take the chair precisely at the time appointed for the meeting and shall immediately call the Commission to order. Sec. 2: Members present and absent shall be recorded. Sec. 3: The minutes of any preceding meeting shall be submitted for approval. Sec. 4: Any member of the audience may comment on any matter that is not listed on the agenda but within the subject matter jurisdiction of the Planning Commission. A time limit of 3 minutes may be imposed on each individual speaker if the Chair so directs. Sec. 5: The public shall be advised of the procedures to be followed in the meeting. Sec. 6: The Commission shall then hear and act upon those items outlined on the agenda. Page 75 of 148 RESOLUTION NO. PAGE 6 Sec. 7: Agenda Item for Approved Minor Use Permits: All approved Minor Use Permits listed on the Agenda for Commission and Public Information shall be subject to a 10-day appeal period. Sec. 8: Planning Commission/Community Development Director Comments and Items. Sec. 9: Adjournment. K. Presentation or Hearing of Proposals: The following shall be the order of procedure for public hearings or other proposals concerning City matters, unless the Chair in his/her discretion shall otherwise directed: Sec. 1: The Chair shall announce the item listed on the agenda. Sec. 2: If a request is made for continuance, a motion may be made and voted upon to continue the item to a definite time and date, or continue indefinitely. If a previously advertised public hearing item is continued indefinitely, the item must be legally re-advertised. Sec. 3: The staff shall be asked to present the substance of the agenda item, staff report, recommendation, and answer technical questions of the Commission. Sec. 4: Order of Testimony: A: Applicant’s statement; B: Statements from the public; C: If determined by the Chair to be necessary, a rebuttal from the applicant; D: Public hearing closed; and E: The Commission shall then deliberate and either take action on the matter or continue the matter to another date and time certain, or indefinitely. L. Rules of Testimony: Sec. 1: Persons presenting testimony to the Commission are encouraged to give their name and address for the record. They may also be requested to voluntarily sign the attendance sheet. Sec. 2: If there are numerous people in the audience who wish to participate on an issue, and it is known that all represent the same opinion, a spokesperson should be selected to speak for the entire group. The spokesperson will have the opportunity of speaking for a reasonable length of time and of presenting a complete case. Sec. 3: To avoid unnecessary cumulative evidence, the Chair may limit the individual and/or total amount of time allocated for public testimony on a particular issue provided it is done so uniformly for all speakers. Page 76 of 148 RESOLUTION NO. PAGE 7 Sec. 4: Irrelevant and off-the-subject comments will be ruled out of order. Sec. 5: The Chair will not permit personal remarks regarding the staff or individual Commissioners during a public hearing. Complaints should be submitted in writing or presented verbally as a separate item on the agenda. Sec 6: No person shall address the Commission without first securing the permission of the Chair to do so. M. Amendments: Any amendments to the bylaws shall be approved by Resolution of the City Council. Page 77 of 148