CC 2017-01-24_09g Adopt Ord_East Cherry
MEMORANDUM
TO: CITY COUNCIL
FROM: TERESA McCLISH, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: CONSIDERATION OF ADOPTION OF AN ORDINANCE TO REZONE
TWO PROPERTIES WITHIN THE EAST CHERRY AVENUE
SPECIFIC PLAN PROJECT AREA (DEVELOPMENT CODE
AMENDMENT 15-001); LOCATION – EAST CHERRY AVENUE AND
TRAFFIC WAY; APPLICANTS – MANGANO HOMES, INC., AND
ARROYO GRANDE VALLEY JAPANESE WELFARE ASSOCIATION
DATE: JANUARY 24, 2017
RECOMMENDATION:
It is recommended that the City Council adopt an Ordinance approving Development
Code Amendment 15-001 (a part of the East Cherry Avenue Specific Plan Project) to
rezone two properties within the E. Cherry Specific Plan project area from Agriculture
(AG) to Village Residential (VR) and Village Mixed Use (VMU).
BACKGROUND:
On January 10, 2017, the City Council adopted a Resolution approving the E. Cherry
Specific Plan project and certifying the Final Environmental Impact Report. The
Specific Plan area encompasses 15.29 acres of undeveloped, vacant, and
agricultural land at the southern commercial gateway of the City of Arroyo Grande.
The project included a Specific Plan, General Plan Amendment, Development Code
Amendment, Vesting Tentative Tract Map and a Conditional Use Permit. The
Ordinance implementing the Development Code Amendment to rezone the
properties was introduced at the January 10, 2017 City Council meeting.
ANALYSIS OF ISSUES:
Development Code Amendment 15-001 requires an Ordinance to amend the Zoning
Map to rezone properties in Subareas 2 and 3 as shown in Table 1.
Table 1. East Cherry Avenue Specific Plan Subareas 2 and 3 – Proposed Zoning
Subarea Current Ownership APN Existing Acreage
Zoning/Proposed Zoning
2
NKT Development, 076-621-079 Agriculture/Village 11.12
LLC/Mangano Homes Residential
Inc.
3
Arroyo Grande Valley 076-210-001 Agriculture/ Village Mixed 2.01
Japanese Welfare use
Association (JWA)
CITY COUNCIL
CONSIDERATION OF ADOPTION OF AN ORDINANCE TO REZONE TWO
PROPERTIES WITHIN THE EAST CHERRY AVENUE SPECIFIC PLAN PROJECT
AREA (DEVELOPMENT CODE AMENDMENT 15-001)
JANUARY 24, 2017
PAGE 2
General Plan Amendment 15-001 was approved by the City Council on January 10,
2017 that amended the City’s General Plan Land Use Map to reflect new land use
designations in the East Cherry Avenue Specific Plan, which was also approved at
that time. Land use designations within the 15.29-acre site were changed as shown
on Table 2 below:
Table 2. General Plan Amendment – Approved Land Use Designations
Portion of SP Area Existing Land Use Proposed Land Use Acreage
Designation Designation
Subarea 2 Agriculture SFR Medium Density 11.12
Subarea 3 Agriculture Mixed Use 2.01
Note: The entire Specific Plan area retained its Specific Plan overlay designation
Adoption of the Ordinance will rezone the specified properties consistent with the
Land Use Element of the General Plan, as required by Government Code Section
65860.
ENVIRONMENTAL REVIEW:
In compliance with the California Environmental Quality Act (CEQA), the
Environmental Impact Report (EIR) was certified for the project by the City Council on
January 10, 2017.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Adopt the attached Ordinance;
2. Modify and reintroduce the Ordinance;
3. Provide direction to staff.
ADVANTAGES:
Adopting the Ordinance will achieve consistency between the City’s General Plan
and Zoning Map, as required by Government Code Section 65860.
DISADVANTAGES:
Staff has not identified any disadvantages with adopting the Ordinance.
PUBLIC NOTIFICATION AND COMMENTS:
A summary of the Ordinance was published in the Tribune on January 19, 2017. The
agenda was posted in front of City Hall and on the City’s website in accordance with
Government Code Section 54954.2.
ORDINANCE NO.
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 September 20, 2016, and subsequently on October 4, 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
ORDINANCE NO.
PAGE 2
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.
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
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;
ORDINANCE NO.
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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.
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
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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 __________, seconded by Council Member __________,
and on the following roll call vote to wit:
AYES:
NOES:
ABSENT:
th
the foregoing Ordinance was adopted this 24 day of January, 2017.
ORDINANCE NO.
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_______________________________________
JIM HILL, MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
________________________________________
ROBERT K. McFALL, INTERIM CITY MANAGER
APPROVED AS TO FORM:
________________________________________
HEATHER WHITHAM, CITY ATTORNEY