PC 2018-09-18_08b Clean-up Ordinance DCA 18-004 MEMORANDUM
TO: PLANNING COMMISSION
FROM: TERESA MCCLISH, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: DEVELOPMENT CODE AMENDMENT NO. 18-004; A PROPOSED
ORDINANCE MAKING ADMINISTRATIVE UPDATES TO VARIOUS
SECTIONS OF TITLE 2 (ADMINISTRATION AND PERSONNEL), TITLE
10 (VEHICLES & TRAFFIC), TITLE 12 (STREETS, SIDEWALKS AND
PUBLIC PLACES), AND TITLE 16 (DEVELOPMENT CODE) OF THE
ARROYO GRANDE MUNICIPAL CODE
DATE: SEPTEMBER 18, 2018
SUMMARY OF ACTION:
The proposed clean-up Ordinance will provide code consistency with actions recently
taken by the City Council to disband certain City advisory bodies.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
There is no impact on financial and personnel resources.
RECOMMENDATION:
It is recommended the Planning Commission recommend that the City Council introduce
a clean-up Ordinance amending Titles 2, 10, 12, and 16 of the Arroyo Grande Municipal
Code.
BACKGROUND:
On August 14, and 28, 2018, the City Council introduced and adopted Ordinance No. 695
(Attachment 1), without modification, repealing Chapters 2.21, 2.24 and 2.32 of Title 2 of
the Arroyo Grande Municipal Code to disband the Traffic Commission (TC), Parks and
Recreation Commission (PRC), and Historical Resources Committee (HRC); amending
Chapter 2.18 of Title 2 relating to the Planning Commission and Historic Designation; and
adding Section 1.04.140 to Title 1 to transfer duties.
ANALYSIS OF ISSUES:
During the City Council’s consideration of Ordinance No. 695 to disband certain
committees and commissions, it was recognized that there would be a “clean-up”
ordinance to follow that would ensure code consistency with Ordinance No. 695 and
remove references to the PRC, TC and HRC throughout the AGMC. These modifications
are minor in nature and not considered substantial changes in procedure or policy.
The proposed Ordinance provides amendments to Chapters 2.18; 2.20; 2.30; 10.12;
12.16; 16.16; and 16.36. Because some of the amendments are included in Title 16, the
Development Code, the Planning Commission is required to review it prior to making a
PLANNING COMMISSION
DEVELOPMENT CODE AMENDMENT NO. 18-004
SEPTEMBER 18, 2018
PAGE 2
recommendation to the City Council. The majority of changes to Title16 include those
related to Minor Use Permit – Historic resource or district designation. Ordinance No.
695 placed the guiding purposes in reviewing projects and historic designations into the
Planning Commission purview.
ALTERNATIVES:
The following alternatives are provided for the Planning Commission’s consideration:
1. Recommend that the City Council introduce the proposed Ordinance,
2. Modify and recommend that the City Council introduce the proposed Ordinance,
3. Do not recommend that the City Council introduce the proposed Ordinance, or
ADVANTAGES:
The advantage of the Proposed Ordinance ensures code consistency with prior City
Council action.
DISADVANTAGES:
No disadvantages are identified.
ENVIRONMENTAL REVIEW:
The project has been reviewed in compliance with the California Environmental Quality
Act (CEQA) and has been determined to be exempt pursuant to Section 15061(b)(3) of
the CEQA Guidelines that CEQA does not apply to projects where it can be seen with
certainty that the project will not have an impact on the environment.
PUBLIC NOTIFICATION AND COMMENTS:
A notice of public hearing was published in the Tribune and posted at City Hall and on
the City’s website on September 7, 2018. The Agenda was posted at City Hall and on the
City’s website in accordance with Government Code Section 54954.2. At the time of
report publication, no comments have been received.
Attachment:
1. Ordinance Number 695
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARROYO GRANDE RECOMMENDING THE CITY COUNCIL
INTRODUCE A CLEAN-UP ORDINANCE AMENDING VARIOUS
SECTIONS OF TITLE 2 (ADMINISTRATION AND PERSONNEL), TITLE
10 (VEHICLES & TRAFFIC), TITLE 12 (STREETS, SIDEWALKS AND
PUBLIC PLACES), AND TITLE 16 (DEVELOPMENT CODE) OF THE
ARROYO GRANDE MUNICIPAL CODE; DEVELOPMENT CODE
AMENDMENT CASE NO. 18-004; LOCATION – CITYWIDE
WHEREAS, on August 14, and 28, 2018, the City Council introduced and adopted
Ordinance No. 695, without modification, repealing Chapters 2.21, 2.24 and 2.32 of Title
2 of the Arroyo Grande Municipal Code to disband the Traffic Commission, Parks and
Recreation Commission, and Historical Resources Committee; amending Chapter 2.18
of Title 2 relating to the Planning Commission and Historic Designation; and adding
Section 1.04.140 to Title 1 to transfer duties; and
WHEREAS, during the City Council’s consideration of Ordinance No. 695, it was
recognized that there would be a “clean-up” ordinance to follow that would ensure code
consistency with Ordinance No. 695 and remove references to these advisory bodies;
and
WHEREAS, because some of the amendments are included in Title 16, the Development
Code, the Planning Commission is required to review it prior to making a recommendation
to the City Council; and
WHEREAS, the Planning Commission has considered Development Code Amendment
18-004 at a duly noticed public hearing on September 18, 2018; and
WHEREAS, the Planning Commission finds, after due study, deliberation, and public
hearing, that the following Development Code Amendment findings can be made in an
affirmative manner:
A. The proposed changes to the Municipal Code will maintain consistency with
Ordinance No. 695, which disbanded the Traffic Commission, Parks and
Recreation Commission, and Historical Resources Committee.
B. The proposed revisions to the Municipal Code will not adversely affect the public
health, safety, and welfare or result in an illogical land use pattern.
C. The proposed revisions to the Municipal Code are consistent with the respective
purposes of those Titles, satisfy the intent of Ordinance No. 695, and provide for
internal consistency of the Municipal Code.
RESOLUTION NO.
PAGE 2
D. The proposed revisions to the Municipal Code are exempt from review under the
California Environmental Quality Act (CEQA) per Section 15061(b)(3) (general
rule) of the CEQA Guidelines.
NOW THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Arroyo Grande hereby recommends the City Council adopt an Ordinance approving
Development Code Amendment No. 18-004 amending Titles 2, 10, 12, and 16 of the
Arroyo Grande Municipal Code as attached hereto as Exhibit “A” and incorporated herein
by this reference.
On a motion by Commissioner __________, seconded by Commissioner ________ and
by the following roll call vote to wit:
AYES:
NOES:
ABSENT:
The foregoing Resolution was adopted this 18th day of September, 2018.
RESOLUTION NO.
PAGE 3
_______________________________
GLENN MARTIN
CHAIR
ATTEST:
_______________________________
MATTHEW DOWNING
SECRETARY TO THE COMMISSION
AS TO CONTENT:
_______________________________
TERESA MCCLISH
COMMUNITY DEVELOPMENT DIRECTOR
EXHIBIT “A”
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE MAKING ADMINISTRATIVE UPDATES TO VARIOUS
SECTIONS OF TITLE 2 (ADMINISTRATION AND PERSONNEL), TITLE
10 (VEHICLES AND TRAFFIC), TITLE 12 (STREETS, SIDEWALKS
AND PUBLIC PLACES) AND TITLE 16 (DEVELOPMENT CODE) OF
THE ARROYO GRANDE MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES ORDAIN AS
FOLLOWS:
SECTION 1: Section 2.18.050 of Chapter 2.18 (Planning Commission) of the Arroyo
Grande Municipal Code is hereby amended as follows:
2.18.050 – Officers.
The council delegates to the planning commission the authority to appoint its own
chairperson and vice-chairperson from the commission membership. The
planning department secretary community development director, or his/her
designee, shall act as secretary to the planning commission. The terms of office
of the chairperson and vice-chairperson shall be established by regularly adopted
rules and regulations of the commission.
SECTION 2: Subsections 2.20.030.A. and 2.20.030.C. of Chapter 2.20 (Recreation
Services Department) of the Arroyo Grande Municipal Code are hereby amended as
follows:
2.20.030 – Recreation services director – Powers and duties.
A. Attend meetings of the parks and recreation commission city council and
make such reports to the commission and to the council as shall be required;
C. In cooperation with the director of public works, administer, operate and
maintain existing park and recreation areas and facilities and plan for acquisition,
development and operation of the proposed facilities in accordance with policies
approved by the parks and recreation commission and the planning commission
and city council;
SECTION 3: Subsection 2.30.030.8 of Chapter 2.30 (Public Works Department) of the
Arroyo Grande Municipal Code is hereby amended as follows:
2.30.030 – Public works director- Position created- Appointment- Duties.
8. Advise the parks and recreationplanning commission on issues related to
maintenance of parks facilities and open space areas; and
SECTION 4: Section 10.12.030 of Chapter 10.12 (Traffic Visibility Obstructions) of the
Arroyo Grande Municipal Code is hereby amended as follows:
10.12.030 – Notices to abate public nuisances.
ORDINANCE NO.
PAGE 2
Whenever the director of public works, following review by the traffic commission,
finds a public nuisance to exist, as set forth in Section 10.12.010 of this chapter,
such public nuisance may be abated under the direction of the director of public
works fifteen (15) days after he or she has caused a notice of a hazardous
condition to be mailed to the concerned property owner, as required by
Government Code Section 38773.
SECTION 5: Subsection 12.16.010.E. of Chapter 12.16 (Community Tree Program) of
the Arroyo Grande Municipal Code is hereby amended as follows:
12.16.010.E.
Improved communication between the parks and recreation commission,
architectural review committee and planning commission regarding tree related
issues and concerns.
SECTION 6: The following definitions in Section 12.16.020 of Chapter 12.16
(Community Tree Program) are hereby amended as follows:
12.06.020- Definitions:
"Landmark tree" or "landmark grove" means existing tree(s) on public or private
property that has been found to be a notable horticultural specimen, or is of
significant aesthetic, cultural or historical value, and is designated as such by
resolution of the city council, upon recommendation of the planning commission
or parks and recreation commission of the city. Landmark trees may include
street trees.
"Parks and recreation commission" means the parks and recreation commission
of the city of Arroyo Grande.
SECTION 7: Subsections 12.16.060.B. and 12.16.060.G. of Chapter 12.16 (Community
Tree Program) are hereby amended as follows:
12.16.060.B.
The city council, upon recommendation of the planning commission or parks and
recreation commission, shall, after making any revisions it deems appropriate,
designate landmark trees or landmark groves by resolution. The director shall
administer the landmark tree program for the city.
12.16.060.G.
The director shall cause the physical inspection and inventory of all landmark
trees every three years to determine their condition and presence, and he/she
shall report his or her findings publicly to the city council, the parks and
recreation commission, and the planning commission, via the city manager.
SECTION 8: Subsection 12.16.070.G of Chapter 12.16 (Community Tree Program) is
hereby amended as follows:
ORDINANCE NO.
PAGE 3
12.16.070.G.
Appeals. Appeals regarding decisions on tree removal permits by the director are
to be submitted in writing to the parks and recreation planning commission within
fourteen (14) days of the director's decision. Actions of the parks and recreation
planning commission are final unless appealed to the city council.
SECTION 9: Subsection 16.16.135 of Chapter 16.16 (Land Use Permits and Approvals)
is hereby amended as follows:
16.16.135 – Minor use permit- Historic resource or district designation.
A. 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:
1. To encourage public knowledge, understanding, appreciation, and use of
the city's past;
2. To foster civic pride in the beauty and character of the city and in the
accomplishments of its past;
3. To enhance the visual character of the city by encouraging new design
and construction that complements the city's historical buildings;
4. To increase the economic benefits of historic preservation to the city and
its inhabitants;
5. To protect property values within the city;
6. 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.
B. Authority—Historic Resource/District Designation Criteria. The historic
resources committee (HRC) is authorized to make recommendations to the
community development director, planning commission or city council for
mMinor use permit applications designating historic resource or historic
district status shall be evaluated based on whether the resource/district if it
meets any of the following criteria:
1. It is the site of a significant local, county, state or national historic event.
2. 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.
3. 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.
ORDINANCE NO.
PAGE 4
4. It is one of the best or few remaining examples in the area possessing
distinguishable characteristics of an architectural type or specimen.
5. 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.
6. It embodies elements of architectural design, detail, materials or
craftsmanship that represent a significant architectural innovation.
7. It has a unique location or singular physical characteristic representing an
established and familiar visual feature of a district, community, county,
state or nation.
8. 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.
C. Applicability.
1. A historical resource review shall be conducted according to subsection D
of this section.
2. 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.
D. Designation Process. Historic resources and historic districts shall be
designated by the community development director, planning commission or
city council upon the recommendation of the HRC in the following manner:
1. 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 HRC, (bc) the community development director, (dc) the
planning commission, (ed) the city council, (fe) by any resident of the city
of Arroyo Grande, or (gf) any organization with a recognized interest in
historical preservation. Applications for designation originating from other
than the HRC must be accompanied by such historical and architectural
information as is required by the HRCcommunity development director to
make an informed recommendation concerning the application, together
with the fee set by the city council.
2. Notice. The HRCcommunity 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.
3. Advisory Recommendations. The HRC shall make recommendations on a
proposed designation of historic resources or historic districts to the
community development director.
4.3. 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
ORDINANCE NO.
PAGE 5
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.
5.4. 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.
6.5. 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:
a. The proposed project is consistent with the goals, objectives, policies
and programs of the Arroyo Grande general plan;
b. 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;
c. The resource retains the integrity of the design, has not been
inappropriately: (i) altered; (ii) relocated; (iii) added to; or (iv)
remodeled.
7.6. 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.
E. Development and Building Permits.
1. 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.
2. 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.
ORDINANCE NO.
PAGE 6
3. 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 HRC, ARC and community development director before carrying
out corrective measures.
4. 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:
a. The substantial deterioration or decay of any exterior portion of such a
resource;
b. 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.
5. Showing of Extreme Hardship. If the applicant presents evidence clearly
demonstrating to the satisfaction of the HRC and 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 HRC community development director shall consider evidence
which demonstrates:
a. Denial of the application will diminish the value of the subject property
so as to leave substantially no value;
b. Sale or rental of the property is impractical, when compared to the cost
of holding such property for uses permitted in the zoning district;
c. Utilization of the property for lawful purposes is prohibited or
impractical; d. Rental at a reasonable rate of return is not feasible.
ORDINANCE NO.
PAGE 7
F. 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 HRC and 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:
1. 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.
2. With regard to any property located within a historic district, the proposed
work conforms to the standards for the district adopted by the HRC, and
does not adversely affect the character of the district.
3. The work is consistent with the provisions in subsection E of this section.
4. Demolitions. When application is made for a minor use permit or
demolition permit to demolish a historical resource the HRC, 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.
G. 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.
SECTION 10: Footnote 5 of Section 16.36.030 of Chapter 16.36 (Commercial and
Mixed Use Districts) is hereby amended as follows:
ORDINANCE NO.
PAGE 8
5 The historic resources committeeplanning commission shall review applications
for small cell telecommunication facilities that are proposed in the Village Core
Downtown district and are publicly visible.
SECTION 11: The repeal of an ordinance herein shall not repeal the repealing clause of
such ordinance or revive any ordinance which has been repealed thereby.
SECTION 12: A summary of this Ordinance shall be published in a newspaper
published and circulated in the City of Arroyo Grande at least five (5) 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 fifteen (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 13: This Ordinance shall take effect and be in full force and effect thirty (30)
days after its passage.
On motion of Council Member _________, seconded by Council Member _______, and
on the following roll call vote to wit:
AYES:
NOES:
ABSENT:
the foregoing Ordinance was adopted this ___day of___________, 2018.
ORDINANCE NO.
PAGE 9
JIM HILL, MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
JAMES A. BERGMAN, CITY MANAGER
APPROVED AS TO FORM:
HEATHER K. WHITHAM, CITY ATTORNEY
ORDINANCE NO. 695
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE REPEALING CHAPTERS 2.21, 2.24 AND 2.32 OF TITLE 2 OF
THE ARROYO GRANDE MUNICIPAL CODE TO DISBAND THE
TRAFFIC COMMISSION, PARKS AND RECREATION COMMISSION
AND HISTORICAL RESOURCES COMMITTEE; AMENDING CHAPTER
2.18 OF TITLE 2 RELATING TO THE PLANNING COMMISSION AND
HISTORIC DESIGNATION; AND ADDING SECTION 1.04.140 TO TITLE
1 TRANSFERRING THE DUTIES OF THE TRAFFIC COMMISSION,
PARKS AND RECREATION COMMISSION AND HISTORICAL
RESOURCES COMMITTEE
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES ORDAIN AS
FOLLOWS:
SECTION 1. Chapters 2.21, 2.24 and 2.32 of the Arroyo Grande Municipal Code are
hereby repealed in their entirety.
SECTION 2. Section 1.04.140 of the Arroyo Grande Municipal Code is hereby added to
read in its entirety as follows:
1.04.140 -Former Duties of Traffic Commission, Historical Resources Committee
and Parks and Recreation Commission.
Any duties previously assigned by the Arroyo Grande Municipal Code to be
performed by the Traffic Commission or Historical Resources Committee will be
performed by the Community Development Director or referred by the Community
Development Director to. the Planning Commission or City Council and any duties
assigned to the Parks and Recreation Commission will be performed by the Director of
Recreation Services or Director of Public Works or referred by the Director of Recreation
Services or Director of Public Works to the Planning Commission or City Council after the
effective date of Ordinance No. 695 adopted on August 28, 2018.
SECTION 3. Chapter 2.18 of the Arroyo Grande Municipal Code is hereby amended to
add Sections 2.18.090 and 2.18.100 of the Arroyo Grande Municipal Code to read in their
entirety as follows:
2.18.090 -Historic Designation.
The planning commission may nominate places, properties, structures or areas,
which they recommend be considered for local, state or national historical designation or
considered as an important setting or contributing to the historic character of the
surrounding environment.
2.18.100 -Guiding purposes in reviewing projects and Historic Designations.
In reviewing potential designations, the planning commission shall be guided by
the following purposes and intent:
A.To ensure consistency with the general plan and compliance with the provisions
of Title 16 of this code;
ATTACHMENT 1
ORDINANCE NO. 695
PAGE 2
B. Promote the designation, preservation, restoration, safety and use of historic
structures to enrich the lives of future generations, providing opportunities to
enjoy and learn about the community's history;
C. Improve the local economy by attracting tourism and other business to the
community;
D. Foster a sense of community identity and pride;
E. Stabilize and improve the economic value of historic properties and
neighborhoods;
F. Enhance the community's aesthetics, interest, and unique historic character;
G. Encourage and provide incentives to property owners to preserve and restore
historic properties, and to sensitively rehabilitate them for adaptive re-use when
necessary.
SECTION 4. This Ordinance is exempt from CEQA pursuant to CEQA Guidelines
Section15061(b)(3) which is the general rule that CEQA applies only to projects which
have the potential for causing a significant effect on the environment and CEQA does not
apply where it can be seen with certainty that there is no possibility that the activity may
have a significant effect on the environment.
SECTION 5. A summary of this Ordinance shall be published in a newspaper published
and circulated in the City of Arroyo Grande at least five (5) 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 fifteen
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. This
Ordinance shall take effect and be in full force and effect thirty (30) days after its passage.
SECTION 6. This Ordinance shall take effect and be in full force and effect thirty (30)
days after its passage.
SECTION 7. If any section, subsection, sentence, clause, or phrase of this Ordinance is
for any reason held to be invalid or unconstitutional by a decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions
of this Ordinance. The City Council hereby declares that it would have passed this
Ordinance and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion of the ordinance
would be subsequently declared invalid or unconstitutional.
On motion by Council Member Brown, seconded by Council Member Harmon, and by the
following roll call vote to wit:
AYES: Council Members Brown, Harmon, Barneich, and Mayor Hill
NOES: Mayor Pro Tern Ray
ABSENT: None
the foregoing Ordinance was adopted this 28th day of August, 2018.
ORDINANCE NO. 40q5
PAGE 3
JI ' ILL, MAYOR
TTEST:
PI1
KELLY WET 0 E, CITY CLERK
APPROVED AS TO CONTENT:
JAMES A -FZ6MAAN, CITY MANAGER
APPROVED AS TO FORM:
THER K. WHITHAM, CITY ATTORNEY
OFFICIAL CERTIFICATION
I, KELLY WETMORE, 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 attached Ordinance No. 695 which was introduced at a regular meeting of the
City Council on August 14, 2018; was passed and adopted at a regular meeting
of the City Council on the 28th day of August 2018; and was duly published in
accordance with State law (G.C. 40806).
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 29th
day of August 2018.
KELLY EIORE, CITY CLERK