O 605ORDINANCE NO. 605
AN ORDINANCE OF THE CITY COUNCIL OF ARROYO GRANDE
APPROVING DEVELOPMENT CODE AMENDMENT DCA-08-03 TO
AMEND CHAPTER 16.04 OF THE MUNICIPAL CODE REVISING
DEFINITIONS FOR FLOOR AREA AND LOT COVERAGE APPLICABLE
CITYWIDE AND CHAPTER 16.08 RELATING TO THE DESIGN
GUIDELINES AND STANDARDS FOR HISTORIC DISTRICTS TO MODIFY
FLOOR AREA RATIO (FAR), LOT COVERAGE, SETBACK, BUILDING
HEIGHT AND COVERED PARKING PROVISIONS AND CLARIFY DESIGN
FEATURES FOR "SPANISH ECLECTIC" STYLES APPLICABLE TO
RESIDENTIAL DEVELOPMENT IN THE HISTORIC CHARACTER DESIGN
OVERLAY DISTRICT D-2.4
WHEREAS, the City Council of Arroyo Grande adopted the updated General Plan which
became effective on October 9, 2001 and requires a comprehensive review and necessary
revisions to the Development Code for consistency, in accordance with Government Code
Section 65860; and
WHEREAS, Section 16.08.010 B. of the Municipal Code incorporates the Design
Guidelines for the Arroyo Grande Village, otherwise titled Design Guidelines & Standards
for Historic Districts, 2003 for Design Overlay District (D-2.4) pertaining to the Village area,
by reference; and
WHEREAS, the City has a responsibility to assure adherence to the General Plan thereby
meeting the needs and desires of the residents and the community; and
WHEREAS, Objectives and policies of the Urban Land Use Element of the 2001 General
Plan promote design and development compatible with the small town character of Arroyo
Grande, including policies LU11-2, LU12-2, LU12-5, 12-9 and 12-10; and
WHEREAS, the Planning Commission finds that this project is consistent with the City's
General Plan, Development Code and the environmental documents associated therewith,
and has reviewed the draft Negative Declaration under the provisions of the California
Environmental Quality Act (CEQA); and
WHEREAS, City staff held a public workshop, April 29, 2008 to consider amendments to
the Development Code and formation of Design Guidelines and Standards concerning
commercial and mixed use districts for the purposes of General Plan consistency and
implementation of its goals and policies; and
WHEREAS, the City's Architectural Review Committee has reviewed the proposed Design
Guidelines and Standards as a part of Development Code Amendment 08-003 at their
meetings of August 4, 2008 and September 8, 2008; and
WHEREAS, the City's Planning Commission of the City of Arroyo Grande has considered
and recommend approval with amendments of the proposed Design Guidelines and
Standards as a part of Development Code Amendment 08-003 at a duly noticed public
ORDINANCE NO. 605
PAGE 2
hearings on May 20, 2008, July 1, 2008 and September 16, 2008 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, after consideration of all testimony and all relevant evidence, the City Council
has determined that the following Development Code Amendment findings can be made in
an affirmative manner:
A. The proposed revisions to Title 16 are required to ensure consistency with the
objectives, policies and implementation measures of the General Plan, particularly
the land use element, and is therefore desirable to implement the provisions of the
General Plan.
B. The proposed change in zone and revisions to Title 16 will not adversely affect the
public health, safety, and welfare or result in an illogical land use pattern.
C. The proposed revisions are consistent with the purpose and intent of Title 16 satisfy
the intent of chapters 16.04, 16.08 and 16.44 the Municipal Code and provide for
internal consistency;
D. The proposed revisions to Title 16 are within the scope of the Program EIR
prepared for the 2001 General Plan Update, and the potential environmental
impacts of the proposed amendment are less than significant and a Negative
Declaration has been prepared.
THE CITY COUNCIL OF THE CITY OF ARROYO DOES ORDAIN AS FOLLOWS:
SECTION 1: The above recitals and findings are true and correct and are incorporated
herein by this reference.
SECTION 2: Arroyo Grande Municipal Code ("AGMC") Section 16.04.070(C),
("Definitions"), is hereby amended to amend the following definitions:
Coverage, (Lot or Site). "Lot or site coverage" means
the horizontal area measured from
the outside of the exterior walls or suooorting structure of the ground floor of all
principal and accessory buildings on a lot, excluding any uncovered patio or
uncovered deck structure that is used solely for general open ase purposes and
swimming pools.
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ORDINANCE NO. 605
PAGE 3
Floor Area, gross. "Gross floor area" means total enclosed area of all floors of a
building measured to the inside outside face of the exterior walls, including halls,
stairways, elevator shafts at each floor level, service and mechanical equipment
rooms, and basement or attic areas having a height of more than seven feet.
SECTION 3: Arroyo Grande Municipal Code ("AGMC") Section 16.08.010(8)
("Incorporation by Reference") is hereby amended as follows:
Design Guidelines and Standards for the Historic Character Overlay District D-2.4,
as amended.
SECTION 4: 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. This Ordinance shall take effect
and be in full force and effect thirty (30) days after its passage.
SECTION 5: This Ordinance shall take effect and be in full force and effect thirty (30)
days after its passage.
SECTION 6: 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 of Council Member Guthrie, seconded by Council Member Fellows, and on the
following roll call vote to wit:
AYES: Council Members Guthrie, Fellows, and Mayor Ferrara
NOES: Council Member Arnold
ABSENT: Council Member Costello
the foregoing Ordinance was adopted this 28~h day of October 2008.
ORDINANCE NO. (io5
PAGE 4
TONY FER MAYOR
ATTEST•
D
KELLY W TM E, CITY CLERK
APPROVED AS TO CONTENT:
_.
S EfV ,CITY MANAGER
APPROVED AS TO FORM:
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TI THY J. EL, ATTORNEY
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. 605 which was
introduced at a regular meeting of the City Council on October 14, 2008; was
passed and adopted at a regular meeting of the City Council of the City of Arroyo
Grande on the 28t" day of October 2008; and was duly published in accordance
with State law (G.C. 4080oj.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 29~'
day of October 2008.
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KELLY ET ORE, CITY CLERK