Loading...
O 498 C.S. ORDINANCE NO. 498 C. S . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING PORTIONS OF TITLE 9 OF THE ARROYO GRANDE MUNICIPAL CODE TO RENAME AND RESTRUCTURE THE ARCHITECTIJRAL ADVISORY COl\.fMITTEE THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES ORDAIN AS FOLLOWS: SECTION 1: Arroyo Grande Municipal Code Section 9-01.120 is hereby amended to read in its entirety as follows: Section 9-01.120. Architectural Review Committee. A. Architectural Review Committee - Created There is hereby established the Arroyo Grande Architectural Review Committee, (the "Committee") consisting of five (5) members, who shall be qualified electors of the City and shall serve without compensation. 1. Terms of Office Members of the Committee shall be appointed to serve for a term as specified by resolution of the City Council. 2. Appointments and vacancies Appointments for the Committee and the filling of vacancies shall be made in the manner provided by resolution of the Council. Vacancies shall be filled for unexpired terms only. All members of the Committee shall serve at the pleasure of the Council. 3. Qualifications of Committee Members Qualifications of members of the Committee shall be established by resolution of the City Council. 4. Nonattendance Absence from three (3) consecutive regular Committee meetings or twenty- five percent (25%) of the regular meetings during anyone year period, 1 ORDINANCE 498 c.s. without the formal consent of the Council, shall constitute the resignation of such absent member and the position declared vacant. 5. Rules The Committee shall adopt bylaws, which shall establish rules; regulations, and procedures to conduct meetings. The bylaws shall include provisions for selection of a chairperson and vice-chairperson. 6. Meetings The Committee shall hold at least one regular meeting each month, during a time established in its bylaws; additional meetings may be scheduled as needed. All the Committee meetings shall be held in public at City Hall, unless otherwise noticed. . B. Functions, Duties and Procedures 1. The function of the Committee shall be to make recommendations to the Council, Commission and/or Community Development Director (the "Director") regarding the administration of the provisions of this Title, whenever applicable, in a manner that will: . Be consistent with the requirements of the General Plan and of this Title. . Develop and maintain a plea.sant and harmonious environment; . Promote and enhance real property values; . Conserve the City's natural beauty; ~ ~ . Preserve and enhance its distinctive visual character; . Ensure the orderly and harmonious development of the City; and . Preserve the historic structures and neighborhoods; 2. The Committee shall prepare, review, and recommend appropriate architectural standards and guidelines, subject to Commission and Council approval. Standards and guidelines are to be set forth in pictorial and/or narrative form, and may illustrate undesirable as well as desirable examples ~ - ..- . 2 ORDINANCE 498 c.s. of design. The Committee shall periodically review these standards and guidelines and may make recommendation for appropriate amendments. 3. The Committee shall make itself available to advise and assist the Council, Commission and Director in the application of its architectural standards and guidelines to projects during schematic and development stages. 4. The Committee shall review and make recommendations to the Council, Commission and/or Director regarding applications for Architectural Review and Planned Sign Program review, pursuant to the Development Code, unless the Committee or the Director certifies that the nature of the work is minor or incidental and need not be reviewed by the Committee. When, in the opinion of the Director, applications for projects other than architectural or sign review may create an architectural impact contrary to the objective of this Ordinance, the Committee may review the application prior to the Planning Commission and/or City Council hearings. 5. The Committee shall have the authority to review and approve plans pursuant to conditions of project approval imposed by the Planning Commission or City Council. c. Guiding Purposes in Reviewing Projects In reviewing projects, the Architectural Review Committee shall be guided by the following purposes and intent: 1. To ensure consistency with the General Plan and compliance with the provisions of this Title 2. To recognize the interdependence of the land values and aesthetics and to provide a method by which the City may implement this interdependence to its benefit and to the benefit of its individual citizens; and 3. To preserve and enhance the beauty and environmental amenities of the City; and 4. To promote and protect the safety, convenience, comfort, prosperity, and general welfare of the citizens of the City; and SECTION 2: Arroyo Grande Municipal Code Section 9-02.150 is hereby amended to read in its entirety as follows: 3 , ORDINANCE 498 c.s. 9-02.150 Appeal~ A. Appeal of Action. 1. Notwithstanding any other provision of this Code, any decision made under this Title shall be subject to the appeal provisions set forth in this Section. 2. Any affected person may appeal a decision of the Community Development Director or the Architectural Review Committee to the Planning Commis- sion. A decision of the Planning Commission on such appeal may be further appealed to the City Council, whose decision shall be final. 3. Any affected person may appeal a decision of the Planning Commission to the City Council, whose decision shall be final. 4. Once an appeal is filed, the appellate body's authority to review the decision being appealed is not limited to the original reason stated for the appeal. The Planning Commission or City Council may review and take action on all determinations, interpretations, decisions, judgments, or similar actions taken on the application or project, and are not limited to the reason stated for the appeal. S. Once an appeal is filed, it shall not be withdrawn except with the consent of the appropriate hearing body. B. Filing of Appeals 1. Appeals shall be in writing on a form obtained from the Community Development Department (for appeals to Planning Commission) or City Clerk (for appeals to City Council). The appellant shall state the specific reasons for the basis of the appeal. Appeal applications shall include the required fee and mailing labels for property owners within 300 feet of the project being appealed, unless otherwise provided in this Title. 2. An appeal of a Community Development Director or Architectural Review Committee action shall be filed with the secretary of the Planning Commission within ten (10) calendar days following the date of action for which an appeal is made. 3. An appeal of a Planning Commission decision shall be filed in the office of the City Clerk within ten (10) calendar days following the date of action for which an appeal is made. 4 Ordinance No. 498 C.S. C. Appeal Hearings Public notice of an appeal hearing shall be given in the same manner as set forth for Public Hearings, Section 9-02.160. A hearing date shall be set within 30 days of the filing of the appeal form and necessary materials. In hearing an appeal, the appeal body may affIrm, affIrm in part, or reverse or otherwise modify the previous determination that is the subject of appeal. D. Effective Date of Appealed Actions. While an appeal is pending the establishment of any affected structure or use is to be suspended. SECTION 3: All references in the Arroyo Grande Municipal Code to the "Architectural Advisory Committee" shall refer to the" Architectural Review Committee." SECTION 4: All references to the Arroyo Grande Municipal Code to the "Planning Department" shall refer ~o the "Community Development Department." SECTION 5: All references in the Arroyo Grande Municipal Code to the "Planning Director" shall refer to the "Community Development Director." SECTION 6: If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that anyone or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitu- tional. SECTION 7: Wit~in fifteen (15) days after passage of this Ordinance, it shall be published once, together witlt the names of the Council Members voting thereon, in a newspaper of general circulation within the City. SECTION 8: The effective date of this Ordinance shall be January 31, 1999. On motion of Council Member Runels , seconded by Council Member Lady , and by the following roll call vote, to wit: ""- 5 ORDINANCE 498 c.s. AYES: Council Members Runels, Lady, Tolley, and Mayor Dougall NOES: None ABSENT:Council Member Fuller the foregoing Ordinance was adopted this 23rdday of .June , 1998. A ITEST: -J}~a. ~ NANCY A. AVIS, CITY CLERK APPROVED AS TO CONTENT: 11m L, Itll~ ROBERTL. HUNT, CITY~MANAGER ~ APPROVED AS TO FORM: , i I , ! ~- - 6 ORDINANCE 498 c.s. I, NANCY A. DAVIS, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify , under penalty of perjury, that the foregoing Ordinance No. 498 C.S. is a true, full and correct copy of said Ordinance passed and adopted at a regular meeting of the Arroyo Grande City Council on the 23rd day of June , 1998. WITNESS my hand and Seal of the City of Arroyo Grande affixed this 29th day of June ., 1998. NANCY A. DAVIS, CITY CLERK CITY OF ARROYO GRANDE ~ ~ 7