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O 592ORDINANCE N0.592 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING THE ZONING MAP TO DESIGNATE THE SUBJECT PROPERTY AS SINGLE-FAMILY RESIDENTIAL (SF); DEVELOPMENT CODE AMENDMENT 06-004, APPLIED FOR BY THE CITY OF ARROYO GRANDE FOR PROPERTY LOCATED NORTH OF EAST CHERRY AVENUE EXTENSION (SUBAREA 2 OF THE EAST VILLAGE NEIGHBORHOOD PLAN) WHEREAS, the 2001 General Plan Update Urban Land Use Element Map designates the subject 13-acre property as Single-Family Residential Medium-Density with a Neighborhood Plan requirement; and WHEREAS, the City of Arroyo Grande Zoning Map designates the subject property as Single-Family Rural Residential (RR); and ' WHEREAS, the City of Arroyo Grande has initiated Development Code Amendment 06- 004 to amend the Zoning Map and designate the project site as Single-Family Residential (SF); 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 06-004 at a duly noticed public hearing on December 5, 2006 and January 16, 2007 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 recommended approval of said amendment; and WHEREAS, the City Council of the City of Arroyo Grande has considered Development Code Amendment 06-004 at a duly noticed public hearing on October 9, 2007, 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 corisistent with the goals, objectives, policies and programs of the General Plan is necessary and desirable to implement the provisions of the General Plan. ORDINANCE NO. 592 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. Medium Density residential development within the project area would be required to meet development and design standards under the SF 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 ~ ~ 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 Director of Administrative Services 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 Director of Administrative Services/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 Director of Administrative Services/City Clerk shall post a certified copy of the full text of such adopted Ordinance. SECTION s: This Ordinance shall take effect thirty (30) days from the date of adoption. ORDINANCE NO. 592 PAGE 3 On motion by Council Member Fellows, seconded by Council Member Guthrie, and by the following roll call vote to wit: AYES: Council Members Fellows, Guthrie, Costello, and Arnold NOES: None ABSENT: Mayor Ferrara the foregoing Ordinance was adopted this 23rd day of October 2007. ORDINANCE NO. 591. PAGE 4 TONY F ,MAYOR ATTEST: KELLY V1f~TMC{RE, CITY CLERK APPROVED AS TO CONTENT: ~---_ - .. ~ ~~ ~JJ~~ sir--ice--- STE~N ~. A S, CITY MANAGER APPROVED AS TO FORM: TIM THY J. L, C ATTORNEY EXH{g{T A ~~ _--"y~~ RD HVAS~s~ i \ ~\ \ ~ ~ ~\ a` R G i ~ \ o ~ \ ~~ i f ,P\ 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 is a true, full, and correct copy of Ordinance No. 592 which was introduced at a regular meeting of the City Council/Redevelopment Agency on October 9, 2007, 2007; was passed and adopted at a regular meeting of the City Council/Redevelopment Agency of the City of Arroyo Grande on the 23rd day of October 2007; and was duly published in accordance with State law (G.C. 40806). WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 24~' day of October 2007. ~D KELLY WET RE, CITY CLERK