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O 465 C.S. 'J 02 ': ORDINANCE NO. 465 C.S. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING TITLE 9 OF THE MUNICIPAL CODE BY RELOCATING THE ZONE BOUNDARY BETWEEN THE PF AND PD 1.3 ZONING DESIGNA TIONS, ADOPTION OF A NEGATIVE DECLARA TION, AND INSTRUCTING THE CITY CLERK TO FILE A NOTICE OF DETERMINATION WHEREAS, on May 14, 1991 the City of Arroyo Grande adopted Title 9 of the Municipal Code which established zoning districts as shown of the Zoning Map of the City of Arroyo Grande; and , I I I WHEREAS, the City of Arroyo Grande has received applications from the County of j San Luis Obispo for a General Plan Amendment, Rezone and Lot Line Adjustment for properties . ... owned by the County on Rodeo Drive between West Branch Street and Mercedes Lane; and ' WHEREAS, said applications were reviewed by the Planning Commission at a duly noticed Public Hearing on November 29, 1994; and I WHEREAS, after due study, deliberation, and public hearing, the Planning Commission '.." recommended approval of said projects to the City Council; and , v WHEREAS, the City Council, on December 13, 1994 adopted Resolution No. 3062 approving General Plan Amendment Case No. 94-001; and WHEREAS, said General Plan Amendment relocated land use district boundaries between the PF and Royal Oaks Estates PO #355 C.S. districts; and WHEREAS, Section 65860 of the California Government Code directs that a City's zoning must be consistent with its General Plan; and WHEREAS, the City Council of the City of Arroyo Grande has held a public hearing on P.O. Rezone Case No. 94-002 to relocate -the zone boundary between the PF and PD 1.3 Zoning designations in accordance with City Code; and WHEREAS, the City Council has found that this project is consistent with the approved General Plan amendment; and WHEREAS, the City Council has reviewed this project and the draft of'gative dec1arati(jQ in compliance with the California Environmental Quality Act (CEQA); and WHEREAS, the City Council finds, after due study, deliberation and pubhc h~~r;rt[, the following circumstances exist: U , .. 303 ; Ordinance No. 465 c.s. P.D. Rezone Case No. 94-002 County of San Luis Obispo Page Two ; Planned Development Rezone' 1. The proposed PD rezone 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. 2. The proposed PD rezone will not adversely affect the public health, safety, and welfare or result in an illogical land use pattern. I I 3. The proposed PD rezone is consistent with the purpose and intent of the Development ! I Code. ~ 4. The potential environmental impacts of the proposed PD rezone are insignificant. Department of Fish and Game Required Findings of Exemption 1. The City of Arroyo Grande has prepared an initial study pursuant to Section 15063 of the Guidelines of the California Environmental Quality Act for Rezone Case No. 94-002. 2. Based on the initial study, a negative declaration was prepared for review by the public ......... and review and approval by the City Council. 3. After holding a public hearing pursuant to State and City Codes, and considering the record as a whole, the City Council adopted the negative declaration and found that there is no substantial evidence of any significant adverse effect, either individually or on the habitat upon which the wildlife depends as a result of development of this project. THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES HEREBY ORDAIN AS FOLLOWS: Section 1. That the above statements constitute the findings of fact of the City Council on this matter. Section 2. That the City Council hereby adopts a negative declaration and instructs the City Clerk to file a Notice of Determination for P.D. Rezone Case No. 94-002. Section 3. That the Zoning Map of the City of Arroyo Grande be amended as shown on Attachment" A", attached hereto and incorporated herein. Section 4. This ordinance shall be in full force and effect thirty (30) days after its passage; and within fifteen (15) days after its passage, it shall be published once, together with the names of the City Council Members voting thereon, in a newspaper of general circulation within the City. i : 304 : , , : Ordinance No. 465 C. S . 1 P.D. Rezone Case No. 94-002 , County of San Luis Obispo i Page Three I " " I On motion of Council Member Brandy' seconded by Council Member Souza , and I I by the following roll call vote~ to wit: I I AYES: Council Members Brandy, Souza, Fuller and Mayor Dougall I NOES: None j I ABSENT: Council Member Lady i I I I I the foregoing Ordinance was adopted this 10th day of January, 1995. I i I i i I ....." 1 I A. K. "PETE" DOUG/\: L, MAYOR t i i ATTEST: ~~...;:... APPROVED AS TO FORM: , CITY ATIORNEY I i I I I I I I ..... I I I lanCe. NO. 465 C.S. t\- 'f1' t\- c1fj'.1Etff II t\- II Fo1JJ: EX1ST~G .', , \ . i \ \ - 306 0\ . ' ." . . ~ Ordinance No. 465 C.S. Page Five " ..'~ <. I, NANCY A. DAVIS, 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 foregoing ordinance No. 465 C.S. is a true, full and correct copy of said Ordinance passed and adopted at a regular meeting of said Council on the 10th day of January. , 1995. j WITNESS my hand and the Seal of the City of Arroyo Grande . . affixed this 13th day of January , 1995. ~ .:". ~O.~ NANCY A. D IS, CITY CLERK CITY OF ARROYO GRANDE .-...... J ' . , , , : -.: