CC 2018-10-23_09e DCA_Adopt Ordinance_Administrative UpdatesMEMORANDUM
TO: CITY COUNCIL
FROM: TERESA MCCLISH, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: CONSIDERATION OF ADOPTION OF AN 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 (DEVELOPMENT CODE AMENDMENT NO. 18-004);
LOCATION CITYWIDE
DATE: OCTOBER 23, 2018
SUMMARY OF ACTION:
Adoption of an Ordinance to 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 City Council adopt an Ordinance making administrative updates
to various sections of Titles 2, 10, 12, and 16 of the Arroyo Grande Municipal Code to
reassign duties previously assigned by the Arroyo Grande Municipal Code to the Traffic
Commission, Historical Resources Committee and Parks and Recreation Commission.
BACKGROUND:
On October 9, 2018, the City Council introduced an Ordinance, without modification,
making administrative updates to various sections of Titles 2, 10, 12, and 16 of the Arroyo
Grande Municipal Code to reassign duties previously assigned by the Arroyo Grande
Municipal Code to the Traffic Commission, Historical Resources Committee and Parks
and Recreation Commission.
ANALYSIS OF ISSUES:
The Ordinance is now ready for adoption. The Ordinance will become effective thirty
days after final passage of the Ordinance.
Item 9.e. - Page 1
CONSIDERATION OF ADOPTION OF AN 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 (DEVELOPMENT CODE AMENDMENT
NO. 18-004); LOCATION CITYWIDE
OCTOBER 23, 2018
PAGE 2
ALTERNATIVES:
The following alternatives are provided for City Council’s consideration:
1. Adopt the Ordinance;
2. Modify and re-introduce the Ordinance;
3. Do not adopt the Ordinance; or
4. Provide direction to Staff.
ADVANTAGES:
Adoption of the 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 which provides that CEQA does not apply to projects where it can
be seen with certainty that the project will not have a significant effect on the environment.
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. At the time of report publication, no comments have
been received.
Item 9.e. - Page 2
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 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 city council and make such reports 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
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 planning 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.
Whenever the director of public works finds a public nuisance to exist, as set forth in
Section 10.12.010 of this chapter, such public nuisance may be abated 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.
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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 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 of the city. Landmark
trees may include street trees.
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, 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 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:
12.16.070.G.
Appeals. Appeals regarding decisions on tree removal permits by the director are to
be submitted in writing to the planning commission within fourteen (14) days of the
director's decision. Actions of the 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
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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. Historic Resource/District Designation Criteria. Minor use permit applications
designating historic resource or historic district status shall be evaluated based on
whether the resource/district 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.
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
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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 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
community development director, (c) the planning commission, (d) the city
council, (e) by any resident of the city of Arroyo Grande, or (f) any organization
with a recognized interest in historical preservation. Applications for
designation must be accompanied by such historical and architectural
information as is required by the community development director to make an
informed recommendation concerning the application, together with the fee set
by the city council.
2. Notice. The community 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. 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 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.
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.
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.
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
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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.
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 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 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
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whether extreme hardship exists, the 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.
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 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, 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 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 Table 16.36.030(A) of Section 16.36.030 of Chapter 16.36
(Commercial and Mixed Use Districts) is hereby amended as follows:
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5 The planning 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 23rd day of October, 2018.
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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
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