O 593 ORDINANCE N0.593
AN ORDINANCE OF .THE CITY. COUNCIL OF ARROYO GRANDE
APPROVING DEVELOPMENT CODE AMENDMENT CASE NO. 06-
005 TO CHANGE THE ZONING FOR THE PROPERTIES AT 362;
' 370; 378; 8 382 S. HALCYON ROAD & 906 FAIR OAKS AVENUE
FROM MULTIPLE FAMILY RESIDENTIAL VERY HIGH DENSITY TO
OFFICE MIXED USE; AND CHANGE THE ZONING FOR THE
PROPERTIES AT 160; 162; 166;.168; 170; 174 178; 180; 186; 190;
194; 8~ 198 S. ELM STREET Bz 1205 POPLAR STREET FROM
SINGLE FAMILY RESIDENTIAL TO MULTI-FAMILY -
WHEREAS, the City Council of Arroyo Grande adopted the updated General Plan which
became effective on October 9, 2001 and which includes the Housing Element adopted in
2003 and updated on March 8, 2005; and
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WHEREAS, the City has a responsibility to assure adherence to the General Plan in
meeting the needs and desires of the residents and the community; and
WHEREAS, the Community Development Department has conducted current initial
studies and concluded that environmental. impacts associated with the project will be
~ mitigated to less than significant as outlined in a draft Mitigated Negative Declaration
dated June 28, 2007; and
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~i WHEREAS, the City Council, after public hearing, consideration of the draft Mitigated
Negative Declaration, all testimony and evidence presented, finds the Mitigated
Negative Declaration appropriate and adequate pursuant to State and local CEQA laws
and guidelines including requirements per SB 18; and
WHEREAS, the City Council, .after public heanng, consideration of staff report, all
testimony and evidence presented, recommended certain amendments to the
Development Code concerning the Medium-High Density and Office Professional land
use designation for the purposes of implementation of General Plan goals and policies;
and
WHEREAS, after due study, deliberation and public hearing, the ,City Council finds that
the following circumstances exist:
A. The proposed change in zone and revisions to Title 16 will satisfy Objective LU3
of the Land Use Element of the General Plan, which requires the City to
"Accommodate a broad range of Multiple Family Residential and special needs
housing types and densities within the City"; and including LU11-1.4 to "restrict
new urban single family, multiple family and mobile home uses to infill areas
adjacent to existing developments of similar density"; and objective LU4 which
states "Provide for a diversity of medical facilities and professional office uses to
complement the character and service the population of Arroyo Grande by
ORDINANCE N0.593
PAGE 2
designating as Office(O) appropriately located areas of the City"; and other
policies under objectives LU3 and LU4, and consistent with LU11 and is
therefore desirable to implement the provisions of the General Plan.
B. The proposed change in zone and revisions to Title 16 reflect that both the ,
existing zones and proposed zones are predominantly commercial and contain
historical residential use, and the promotion of mixed use will not adversely affect
the public health, safety, and welfare or result in an illogical land use pattern.
C. The proposed change of zones .and revisions to Title 16 r satisfy Section
16.36.010 of the Development Code, which states "It is the purpose of this
chapter to provide regulations that implement those goals, objectives and
policies, and that are aimed toward the provision of adequate and appropriate
commercial areas within the City".
D. The proposed change of zones and revisions to Title 16 are within the scope of
the Program EIR prepared for the 2001 General Plan Update, and a Negative
Declaration has been prepared in Accordance with CEQA.
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
the 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
Determination.
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.
ORDINANCE N0.593
PAGE 3
~EGTION 6. This Ordinance shall take effect and be in full force and effect thirty (30)
days after its passage.
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, Amold, and Mayor Ferrara
NOES: None
ABSENT: None
the foregoing Resolution was adopted this 27~' day of November 2007.
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ORDINANCE NO. 5q 3
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TONY FER OR
ATTEST:
KELLY WETMO ,CITY CLERK
APPROVED AS TO CONTENT:
S V AM ITY MANAGER
APPROVED AS TO FORM:
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~ TIM THY J. C MEL, CITY ATTORNEY
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ORDINANCE EXHIBIT "A"
' T'
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Arco Grande
Yo
CommunltyHo:pltal
x.
a~~ .
oB FAIR OAKS ,
01.d FNR OAKS
y.
Area re-zoned from Multi-family Very High Density (MVH) to Office Mixed Use (OMU)
yf ~ , r
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W
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~ ~ '4
~ I _
iii
Area re-zoned from Single Family Residential (SF) to Multi-family (MF)
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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 is a true, full, and correct copy of Ordinance No. 593 which was
introduced at a regular meeting of the City Council on November 13, 2007; was
passed and adopted at a regular meeting of the City Council of the City of Arroyo
Grande on the 27~' day of November 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 28"'
day of November 2007.
KELLY ET ORE, CITY- CLERK