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CC 2013-01-08_08.f. Adopt Ord Amending Zoning MapMEMORANDUM ' TO: CITY COUNCIL FROM: BY: TERESA MCCLISH, COMMUNITY DEVELOPMENT DIRECTOR ~ '*;KELLY HEFFERNON, ASSOCIATE PLANNER SUBJECT: CONSIDERATION OF ADOPTING AN ORDINANCE TO AMEND THE ZONING MAP TO DESIGNATE THE SUBJECT PROPERTY AS MUL !IPLE FAMILY VERY HIGH DENSITY RESIDENTIAL (MFVH); DEVELOPMENT CODE AMENDMENT 12-002, APPLIED FOR BY THE CITY OF ARROYO GRANDE FOR PROPERTY LOCATED AT 279 ALDER STREET DATE: JANUARY 8, 2013 RECOMMENDATION: The Planning Commission recommends the City Council adopt an Ordinance approving Development Code Amendment 12-002. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: No financial impact is projected. BACKGROUND: Item 8.f. - Page 1 CITY COUNCIL ALDER HOUSE DCA 12-002 JANUARY 8, 2013 PAGE 2 On December 11, 2012, the City Council introduced an Ordinance to amend the Zoning Map to change the zoning of property located at 279 Alder Street from Single Family Residential (SF) to Multi Family Very High Density Residential (MFVH) consistf:!nt with the Land Use designation. Council also approved Conditional Use Permit 12-o'01 and Lot Merger 12-001 to expand and remodel the existing Alder House assisted living facility. ANALYSIS OF ISSUES: Adoption of the Ordinance is required in order to make the zoning designation of the property consistent with the General Plan designation, pursuant to Government Code Section 65860. ALTERNATIVES: The following alternatives are provided for the Council's consideration: Adopt the Ordinance; Continue consideration of the Ordinance; Do not adopt the Ordinance; Provide direction to staff. ADVANTAGES: Adoption of the Ordin~nce will bring the Zoning Map into compliance with the Land Use Map and will allow the applicant to movf:! forward with a project that will provide the City with nine (9) additional units for special housing needs. DISADVANTAGES: Staff has not identified any disadvantages associated with adopting the proposed Ordinance. ENVIRONMENTAL REVIEW: The City Council adopted a Mitigated Negative Declaration for the Alder House expansion project on December 11, 2012. No· additional environmental review is necessary for this item. PUBLIC NOTIFICATION AND COMMENTS: A summary of the Ordinance was published in the Tribune on Tuesday, December 18, 2012. The Agenda was posted in front of City Hall on Thursday, January 3, 2013. The Agenda and report were posted on the City's website on Friday, January 4, 2013. No public comments were received. Item 8.f. - Page 2 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING THE ZONING MAP TO DESIGNATE THE SUBJECT PROPERTY AS MULTIPLE FAMILY VERY HIGH DENSITY RESIDENTIAL (MFVH); DEVELOPMENT CODE AMENDMENT 12-002, APPLIED FOR BY THE CITY OF ARROYO GRANDE FOR PROPERTY LOCATED AT 279 ALDER STREET WHEREAS, the 2001 General Plan Land Use Map designates the subject 0.19-acre property as Very High Density Multiple Family Residential (VH); and WHEREAS, the City of Arroyo Grande Zoning Map designates the subject property as Single Family Residential (SF); and WHEREAS, the City of Arroyo Grande has initiated Development Code Amendment 12- 002 to amend the Zoning Map and designate the project site as Multiple Family Very High Density Residential (MFVH) consistent with the General Plan Land Use Map; and WHEREAS, adoption of the proposed zoning designation would establish land use, development and design standards for the above described area; and WHEREAS, the Planning Commission of the City of Arroyo Grande has reviewed Development Code Amendment 12-002 at a duly noticed public hearing on August 21, 2012 in accordance with the Development Code of the City of Arroyo Grande and recommended approval; and WHEREAS, the City Council of the City of Arroyo Grande has considered Development Code Amendment 12-002 at a duly noticed public hearing on December 11, 2012 in accordance with the Development Code of the City of Arroyo Grande at which time all interested persons were given the opportunity to be heard; and WHEREAS, the City Council has reviewed and considered the information and public testimony presented at the public hearings, staff reports, and all other information and documents that are part of the public record; and WHEREAS, the City Council finds, after due study, deliberation and public hearing, the following circumstances exist A. Based on the information contained in the staff report and accompanying materials, the proposed Development Code Amendment amending the Zoning Map is consistent with the goals, objectives, policies and programs of the General Plan and is necessary and desirable to implement the provisions of the General Plan. Item 8.f. - Page 3 ORDINANCE NO. PAGE 2 B. The proposed Development Code Amendment amending the Zoning Map will not adversely affect the public health, safety, and welfare or result in an illogical land use pattern. C. The proposed Development Code Amendment amending the Zoning Map is consistent with the purpose and intent of the Development Code. Very High Density residential development within the project area would be required to meet development and design standards under the MFVH zoning designation that insure orderly development. D. The potential environmental impacts of the proposed Development Code Amendment amending the Zoning Map are insignificant or can be mitigated to a less than significant level. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Arroyo Grande as follows: SECTION 1: The above recitals and findings are true and correct. SECTION 2: Development Code Section 16.24.020 (Zoning Map) is hereby amended as shown in Exhibit A attached hereto and incorporated herein by reference. SECTION 3: If any section, subsection, subdivision, paragraph, sentence, or clause of this Ordinance or any part thereof is for any reason held to be unlawful, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, or clause thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, or clause be declared unconstitutional. SECTION 4: Upon adoption of this Ordinance, the City Clerk shall file a Notice of Exemption. 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. SECTION 6: This Ordinance shall take effect thirty (30) days from the date of adoption. Item 8.f. - Page 4 ORDINANCE NO. PAGE 3 On motion by Council Member _____ , seconded by Council Member ___ _ and by the following roll call vote to wit: AYES: NOES: ABSENT: the foregoing Ordinance was adopted this 8 1 h day of January 2013. Item 8.f. - Page 5 ORDINANCE NO. PAGE 4 TONY FERRARA, MAYOR ATTEST: KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY • EXHIBIT A Rezoning of 279 Alder Street from Single Family Residential (SF) to Multiple Family Very High Density Residential (MFVH) SUBJECT PROPERTY ALDER HOUSE FACILITY D-2.20 Item 8.f. - Page 7 THIS PAGE INTENTIONALLY LEFT BLANK Item 8.f. - Page 8