O 697 ORDINANCE NO. 697
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:
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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.
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.
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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. 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.
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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 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.
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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 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
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PAGE 6
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 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
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PAGE 7
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:
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 Brown, seconded by Council Member Barneich, and on
the following roll call vote to wit:
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PAGE 8
AYES: Council Members Brown, Barneich, and Mayor Hill
NOES: Council Member Ray
ABSENT: Council Member Harmon
the foregoing Ordinance was adopted this 23rd day of October, 2018.
ORDINANCE NO. to9'/
PAGE't
JIM H , MAYOR
ATTE T:
/ (ttapitk,
KELLY T R , CITY CLERK
APPROVED AS TO CONTENT:
JAMES A. =VA N, CITY MANAGER
APPROVED AS TO FORM:
EATHER 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. 697 which was introduced at a regular meeting of the
City Council on October 9, 2018; was passed and adopted at a regular meeting
of the City Council on the 23rd day of October 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 25th
day of October 2018.
• e l th4a -
KELLY
ET ji RE, CITY CLERK