CC 2024-05-28_09f Ord re Public Art
MEMORANDUM
TO: City Council
FROM: Brian Pedrotti, Community Development Director
SUBJECT: Adoption of an Ordinance Amending Title 16 of the Arroyo Grande
Municipal Code Regarding Public Art
DATE: May 28, 2024
RECOMMENDATION:
1) Adopt the ordinance amending Section 16.16.200 of the Arroyo Grande Municipal
Code regarding public art ; and
2) Find that the Ordinance is not subject to the California Environmental Quality Act
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
No financial impact is projected other than staff time to review the amendments, prepare
staff reports, and present the changed regulations to Planning Commission and City
Council.
BACKGROUND:
Arroyo Grande Municipal Code (AGMC) Section 16.16.200 establishes a process for the
review and approval of murals. Under the current process, the Community Development
Director (Director) approves mural applications, with a recommendation from the
Architectural Review Committee (ARC). By contrast, the Guidelines require City Council
to approve public art with a recommendation from AGPA. Additionally, the review criteria
in AGMC 16.16.200 differs from the criteria contained in the Guidelines. This code
amendment aims to consolidate these two approval processes to improve the process of
applying to create public art.
AGMC Section 16.16.040 requires that any amendments to Title 16, Chapter 16 of the
AGMC be approved by City Council, following a recommendation by the Planning
Commission. On April 16, 2024, the Planning Commission held a public hearing on the
proposed amendment to Section 16.16.200. Although approval of amendments to the
Guidelines were not technically within the purview of the Planning Commission, the
proposed Guidelines amendments were provided to the Commission to add context to
the revisions to the Municipal Code. The Planning Commission recommended that the
Item 9.f.
City Council
Adoption of an Ordinance Amending Title 16 of the Arroyo Grande Municipal
Code Regarding Public Art
May 28, 2024
Page 2
City Council adopt the amendments to Section 16.16.200 of the AGMC with no changes
ANALYSIS OF ISSUES:
reading to introduce the ordinance; the second reading to adopt it. The second reading
may occur no earlier than five days after an ordinance is introduced. An ordinance may
be passed upon second reading as long as no substantive changes are made. At the
introduction and public hearing of the Ordinance on May 14, 2024, the City Council
supported the Ordinance as proposed. If the City Council passes the Ordinance in this
meeting, it will take effect thirty days after adoption.
ALTERNATIVES:
1. Adopt the Ordinance as proposed; or
2. Modify the Ordinance amendments and direct staff to return at a future public
hearing to introduce the modified amendments; or
3. Provide other direction to staff.
ADVANTAGES:
Amendments to the Arroyo Grande Municipal Code regarding public art, including but not
limited to, murals, provides an opportunity to improve consistency with the Guidelines and
spur additional public art in the City by improving the permitting process.
DISADVANTAGES:
None identified.
ENVIRONMENTAL REVIEW:
The amendment to Section 16.16.200 of the AGMC is not subject to the California
15060(c)(2) and 15061(b)(3). The activity is not subject to CEQA because it will not result
in a direct or reasonably foreseeable physical change in the environment; and 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. Here, the City Council is only
approving an update to the Arroyo Grande Municipal Code. None of these amendments,
on their own, authorize any placement or creation of public art. 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:
Government Code Section 54954.2.
Item 9.f.
City Council
Adoption of an Ordinance Amending Title 16 of the Arroyo Grande Municipal
Code Regarding Public Art
May 28, 2024
Page 3
ATTACHMENTS:
1. Proposed Ordinance
Item 9.f.
ATTACHMENT 1
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE AMENDING SECTION 16.16.200 OF
THE ARROYO GRANDE MUNICIPAL CODE REGARDING
PUBLIC ART AND FINDING THE ORDINANCE EXEMPT
FROM THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT
WHEREAS, in 2002 the City Council approved measures to promote art in the
community, establish a uniform process for the review and selection of public art on public
and private property that would be reflective of the community but limit City involvement,
and identify general guidelines and selection criteria to promote creativity and freedom of
expression, but also compatibility with the character design and environment of the
surrounding area; and
WHEREAS, in 2004 the City Council adopted a resolution approving Public Art
Guidelines and an ordinance incorporating them by reference into the Municipal Code
as part of the Design Guidelines and Standards for Mixed Use Districts; and
WHEREAS, in 2011 the City Council amended the Design Guidelines and
Standards for Mixed Use Districts to establish standalone Public Art Guidelines and a
Public Art Donation Program; and
WHEREAS, the City Council amended the Public Art Guidelines and Public Art
Donation Program again in 2021; and
WHEREAS, at a study session on March 12, 2024, City Council directed staff to
amend the Public Art Guidelines, Public Art Donation Program, and Arroyo Grande
Municipal Code (AGMC) Section 16.16.200 to provide an updated process for reviewing
public art applications; and
WHEREAS, this ordinance amends Section 16.16.200 to apply to public art and
authorize City Council as the approving body for public art projects; and
WHEREAS, on April 16, 2024, the Planning Commission conducted a duly noticed
public hearing to consider the staff report, recommendations by staff, and public testimony
concerning the ordinance amendments. Following the public hearing, the Planning
Commission voted to forward the ordinance to the City Council with a recommendation in
favor of its adoption; and
WHEREAS, on May 14, 2024, the City Council conducted a duly noticed public
hearing to introduce the ordinance, including: (1) the public testimony and agenda reports
65501.00002\\42190255.1
ORDINANCE NO.
PAGE 2
prepared in connection with the ordinance; (2) the policy considerations discussed
therein; and (3) the consideration and recommendation of the Planning Commission; and
WHEREAS, the City Council of the City of Arroyo Grande, at its regularly scheduled public
meeting on May 14, 2024 introduced this Ordinance to amend Section 16.16.200 of Title
16 of the Arroyo Grande Municipal Code; and
WHEREAS, all legal prerequisites to the adoption of the ordinance have occurred.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES
ORDAIN AS FOLLOWS:
SECTION 1. Incorporation. The above recitals are true and correct and are
incorporated herein by this reference.
SECTION 2. Environmental. The City Council finds that this ordinance is exempt
from the California Environmental Quality Act ("CEQA") because the ordinance does not
rdinance will not result in a direct or
reasonably foreseeable indirect physical change in the environment. (State CEQA
Guidelines section 15060, subd. (c)(2), (3).) Section 15378 of the State CEQA Guidelines
defines a project as the whole of an action, which could potentially result in either a direct
physical change, or reasonably foreseeable indirect physical change, in the environment.
Here, the ordinance will not result in any construction or development, and it will not have
any other effect that would physically change the environment. The ordinance therefore
does not qualify as a project subject to CEQA.
SECTION 3. Required Findings. In accordance with section 16.16.040 of the
Arroyo Grande Municipal Code, the City Council hereby makes the following findings:
1. General Plan. The ordinance consistent
with the general plan and necessary and desirable to implement the provisions thereof.
Making the proposed updates to AGMC 16.16.200 will promote the creation of public art
in the City. The General Plan speaks
to the desire to
City, and to attract outside visitors and improve the experience of residents. Facilitating
the process by which art may exist in public places is consistent with those important
aesthetic and economic development goals of the General Plan.
2. Health, Safety, and Welfare; Illogical Land Use Pattern. Adoption of the
ordinance will not adversely affect the public health, safety, and welfare as the proposed
amendments are intended to harmonize existing processes as to public art approval and
ensure a consistent, predictable review process for public art projects. Standards to
protect public safety in the creation of public art have been put into place within the Public
Art Guidelines to ensure that public art does not interfere with existing rights of way and
guided is by standards intended to preserve or augment the health, safety, and welfare
of the community.
ORDINANCE NO.
PAGE 3
3. Consistency with Title 16. This ordinance is consistent with the purpose and
intent of AGMC Title 16 because it updates the process relating to approval of public art
on non-residentially zoned property and ensures that the provisions thereof are consistent
general plan.
4. Environmental. As above in Section 2, the proposed revision to this title will
have an insignificant effect on the environment by itself because specific public art
projects will need to undergo individualized review. Further, the updates to the municipal
code merely update the approval process and review criteria for approval of public art
without authorizing any action that could impact the environment.
SECTION 4. Code Amendment. Section 16.16.200 of the Arroyo Grande
Municipal Code is hereby amended to read as follows (additions shown in underline and
deletions shown in strikethrough):
16.16.200 Mural permit Public Art.
A. Purpose and Intent. To facilitate and encourage property owners to provide
outdoor public art, including but not limited to, murals. ensure a mural
enhances the architecture or aesthetics of a building or wall and to ensure
a mural does not detract from the character of the district within which it is
located and to ensure a mural is not detrimental to the public health, safety
or welfare. a mural permit shall be required for all murals. A mural permit is
in addition to signs.
B. Authority. The community development director is authorized to approve
mural permits subject to the appeal provisions of Section 16.12.150. The
architectural review committee shall provide recommendations to the
community development director regarding mural permit requests. A public
hearing is not required.
C. Submittal and Review Procedures.
1. Public Art applications shall be processed and reviewed as
authorized in the most recent
Guidelines and Public Art Donation Program. A copy of the Public
Art Guidelines and Public Art Donation Program are available with
Mural permit applications shall contain the following:
a. Completed planning application form and required fee and
attachments (see also Section 16.12.030);
b. Five copies of a plot plan, drawn to standard engineers scale
(approval necessary for use of scale smaller than 1:30, i.e.,
1:40 or 1:50) and with a north arrow, showing:
ORDINANCE NO.
PAGE 4
i. Location, exterior boundaries and dimensions of the
entire property that is the subject of the application,
ii. Public and/or private adjacent streets, rights-of-way,
and easements,
iii. Site access, circulation and off-street parking facilities,
iv. Existing and proposed buildings and structures,
v. Wall, fences, exterior lighting structures and planted
areas,
c. Five copies of a mural plan showing:
i. Dimensions and area (in square feet) of the mural,
ii. Dimensions and areas of building walls on which the
mural is to be located,
iii. Height of the mural above the average ground surface,
iv. Means of lighting, if any,
v. Description of materials and colors,
vi. Scaled drawing of the mural showing design details;
d. One colored rendering depicting the mural on the side of the
building or wall, at a scale sufficient to clearly show all
elements of the proposed design;
e. Color photographs of the subject wall or building and
surrounding sites;
f. Other information that the community development director
may reasonably require to secure compliance with this title.
2. After receipt of a completed application, the community development
director shall schedule a mural permit application for review by the
architectural review committee.
3. Upon recommendation by the architectural review committee and
when the proposed mural satisfies all applicable provisions of this
title, the community development director shall approve a mural
permit.
4. If the community development director approves the mural permit,
the building department shall be notified. A building permit and
payment of applicable fees may be required.
5. If the community development director determines the proposed
mural to be unacceptable, the director shall inform the applicant of
identifiable issues and suggest alternatives to resolve such issues.
The applicant shall then be directed to return with revisions and/or
work with staff to resolve issues. If issues cannot be resolved, the
ORDINANCE NO.
PAGE 5
community development director shall deny the mural permit
application.
D. Required Findings. The community development director may approve a
mural permit only if all of the following findings of fact can be made in an
affirmative manner:
1. The proposed mural is consistent with the goals, objectives, policies
and programs of the Arroyo Grande general plan, specific plan, and
any applicable design guidelines or approvals;
2. The proposed mural will not be detrimental to the public health,
safety and welfare;
3. The proposed mural, including the physical location or placement,
size and design, is consistent with the character of the district and
the neighborhood within which it is located;
4. The proposed mural, including the physical location or placement,
size and design, is consistent with the character of the building or
wall upon which it is placed and will complement the architecture or
aesthetics of the building or wall;
5. The proposed mural does not contain any advertising material
(murals containing advertising materials may be reviewed as signs
SECTION 6. Publication. A summary of this ordinance shall be published in a
newspaper published and circulated in the City of Arroyo Grande at least five 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 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 7. Effective Date. This ordinance shall become effective 30 days after
adoption.
SECTION 8. Severability. Should any provision of this ordinance, or its
application to any person or circumstance, be determined by a court of competent
jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have
no effect on any other provision of this ordinance or the application of this ordinance to
any other person or circumstance, and, to that end, the provisions hereof are severable.
The City Council declares that it would have adopted all the provisions of this ordinance
that remain valid if any provisions of this ordinance are declared invalid.
SECTION 9. Records. The documents and materials associated with this
ordinance that constitute the record of proceedings on whic
ORDINANCE NO.
PAGE 6
and determinations are based are located at 300 E. Branch Street, Arroyo Grande, CA
93420. The City Clerk is the custodian of the record of proceedings.
On motion by Council Member ______, seconded by Council Member _______, and by
the following roll call vote to wit:
AYES:
NOES:
ABSENT:
th
the foregoing Ordinance was adopted this 28 day of May, 2024.
ORDINANCE NO.
PAGE 7
___________________________________
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