O 681 ORDINANCE NO. 681
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE APPROVING DEVELOPMENT CODE AMENDMENT 15-001 (A
PART OF THE EAST CHERRY AVENUE SPECIFIC PLAN PROJECT)
WHEREAS, the project site includes the area identified that encompasses the East Cherry
Avenue Specific Plan, consistent with the boundaries set forth in the City's General Plan; and
WHEREAS, the City Council authorized the initiation of a Specific Plan for the project area
on July 8, 2014; and
WHEREAS, the City's General Plan calls for a Specific Plan to guide development within
the project area that defines land uses, creates an integrated circulation system,
coordinates infrastructure, and provides development standards; and
WHEREAS,the Specific Plan area includes three subareas, identified as Subarea 1, 2 and 3,
for which there are separate proposed development entitlements for Subarea 2 and 3; and
WHEREAS, the Applicant has filed Development Code Amendment 15-001, the intent of
which is to replace the existing zoning requirements within the Specific Plan area with
those in the Specific Plan, and amend the existing zoning map to be consistent with that
included in the Specific Plan; and
WHEREAS,the Planning Commission of the City of Arroyo Grande reviewed the project at a
duly noticed public hearing on September20, 2016, and subsequently on October4,2016, at
which time it recommended revisions to the proposed project, and recommended that this
revised project, including the subject Development Code Amendment for the East Cherry
Avenue Specific Plan Project, be approved by City Council; and
WHEREAS, the City Council has reviewed this project in compliance with the California
Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Arroyo Grande
Rules and Procedures for Implementation of CEQA and has reviewed the Final
Environmental Impact report (Final EIR), which addresses all East Cherry Avenue Specific
Plan Project entitlements; and
WHEREAS, the City Council finds, after due study, deliberation and public hearing, the
following findings can be made:
Development Code Amendment 15-001 Findings:
1. The proposed Development Code Amendment is consistent with the
goals, objectives, policies and programs of the General Plan and
related Specific Plan.
The proposed Development Code Amendment would replace the existing
zoning requirements within the Specific Plan area with those in the Specific
Plan, as described above. It would also amend the existing zoning map to
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PAGE 2
be consistent with the standards shown above. Because it would be
inherently consistent with the Specific Plan, and the Specific Plan would be
consistent with the General Plan, it would also be consistent with the
General Plan.
2. The proposed change of zone (or revision to this title)will not adversely affect
the public health, safety, and welfare or result in an illogical land use pattern.
The proposed Development Code Amendment would replace the existing
zoning requirements within the Specific Plan area with those in the Specific
Plan, as described above. A Specific Plan is intended to provide a logical
framework for development integrating the proposed land use pattern,
circulation pattern, and infrastructure requirements, while providing a
mechanism to implement such development.
3. The proposed change of zone (or revision to this title) is consistent with the
purpose and intent of the title (or the portion of this title it is amending);
The proposed Development Code Amendment would replace the existing
zoning requirements within the Specific Plan area with those in the Specific
Plan, as described above. It would also amend the existing zoning map to
be consistent with the standards shown above. Because it would be
inherently consistent with the Specific Plan, and the Specific Plan would be
consistent with the General Plan, it would also be consistent with the
General Plan.
4. The potential environmental impacts of the Development Code Amendment
are insignificant or can be mitigated to an insignificant level, or there are
overriding considerations that outweigh the potential impacts;
Details with respect to potential impacts and CEQA Findings are described
under Section 3 with respect to the Resolution approving the General Plan
Amendment for all related East Cherry Avenue Specific Plan Project
entitlements.
5. Because the application would amend the Development Code for the
purposes of rezoning property in an agricultural district to a non-agricultural
district, the following additional findings of fact are made in an affirmative
manner:
a. The uneconomic nature of the agricultural use is primarily attributable to
circumstances beyond the control of the landowner and the city, and
there are no other reasonable or comparable agricultural uses to which
the land may be put, either individually or in combination with other
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PAGE 3
adjacent farmland parcels;
b. The proposed change in zone (or revision to this title) is for a parcel that
is legally non-conforming as to minimum area in the agriculture district;
c. The proposed change in zone (or revision to this title) will not result in,
intensify, or contribute to discontiguous patterns of urban development;
d. The proposed change in zone (or revision to this title) will not likely result
in the removal of adjacent lands from agricultural use; and
e. The proposed change in zone(or revision to this title)is for an alternative
use which is consistent with the applicable provisions of the city's general
plan; and
f. There is no proximate land, which is both available and suitable that
would provide more contiguous patterns of urban development than
development of the subject farmland.
Required CEQA Findings:
1. The City of Arroyo Grande has prepared an Initial Study pursuant to Section
15063 of the Guidelines of the California Environmental Quality Act (CEQA),
for General Plan Amendment 15-001, Specific Plan 15-001, Development
Code Amendment 15-001, Vesting Tentative Tract Map 15-001 and
Conditional Use Permit 15-004.
2. Based on the Initial Study, an Environmental Impact Report (EIR) was
prepared for public review. A copy of the Final EIR and related materials is
located at City Hall in the Community Development Department.
3. After holding a public hearing pursuant to State and City Codes, and
considering the record as a whole, the City Council finds that there is no
substantial evidence of any significant adverse effect, either individually or
cumulatively on wildlife resources as defined by Section 711.2 of the Fish and
Game Code or on the habitat upon which the wildlife depends as a result of
development of this project. Further, the City Councils find that said Final EIR
reflects the City's independent judgment and analysis.
4. The Final EIR was certified by adoption of Resolution No. 4771.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES
ORDAIN AS FOLLOWS:
SECTION 1: The above recitals and findings are true and correct and are incorporated
herein by this reference.
SECTION 2: The City Council hereby approves Development Code Amendment 15-001,
as set forth in Exhibit "A," attached hereto, and incorporated herein by this reference.
ORDINANCE NO. 681
PAGE 4
SECTION 3: 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. This
Ordinance shall take effect and be in full force and effect thirty(30) days after its passage.
SECTION 4: This Ordinance shall take effect and be in full force and effect thirty (30)
days after its passage.
SECTION 5: If any section, subsection, sentence, clause, or phrase of this Ordinance is
for any reason held to be invalid or unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this
Ordinance. The City Council hereby declares that it would have passed this Ordinance
and each and every section, subsection, sentence, clause, or phrase not declared invalid
or unconstitutional without regard to whether any portion of the ordinance would be
subsequently declared invalid or unconstitutional.
On motion by Council Member Barneich, seconded by Council Member Harmon, and on
the following roll call vote to wit:
AYES: Council Members Barneich, Harmon, Ray, and Mayor Hill
NOES: None
ABSENT: None
ABSTAIN: Council Member Brown
the foregoing Ordinance was adopted this 24th day of January, 2017.
ORDINANCE NO. 061,
PAGE 5
JIM HLL, MAYOR
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KELLY J El-kw ORE, CITY CLERK
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liF's BERT K. • LL, INTERIM CITY MANAGER
APPROVED AS TO FORM:
HEATHER WHITHAM, CITY ATTORNEY
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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. 681 which was introduced at a special meeting of the
City Council on January 10, 2017; was passed and adopted at a regular meeting
of the City Council on the 24th day of January 2017; and was duly publisher&.in
accordance with State law (G.C. 40806).
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 7th day
of February 2017.
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KELLY • T t RE, CITY CLERK