PC R 96-1588RESOLUTION NO. 96-1588
A RESOLUTION OF TFIE PLANNING COMIVIISSION OF
THE CITY OF ARROYO GRANDE DENYING TFIE APPEAL
OF TFIE COMNiCJNITY DEVELOPMENT DIRECTOR'S
DETERI��TATION OF INCOMPLETE APPLICATION;
APPELLANT: BURTRAM JOHNSON, ON BEHALF OF
TATSUMI KAWAOKA
W�iEREAS, the Development Code was adopted by the City Council on May 14, 1991,
and became effective on 7une 13, 1991; and
WHEREAS, Section 9-02.150 of the Development Code allows any affected person to
appeal a decision of the Community Development Director to the Planning Commission; and
WHEREAS, on September 23, 1996 staff determined the request for General Plan
amendment, submitted by Burtram 7ohnson, on behalf of Tatsumi Kawaoka, was incomplete
without the concurrent processing of a Development Code amendment; and
WHEREAS, pursuant to Development Code Section 9-03.020(B), all zoning districts
that are applicable to the same areas or matters affected by the General Plan amendment, and
which by law must be consistent with the General Plan, shall be reviewed and amended
concunently as necessary to ensure consistency between the General Plan and the implementing
zoning; and
WHEREAS, on October 3, 1996, Burtram Johnson, on behalf of Tatsumi Kawaoka, filed
an appeal of staff's determination, stating the incomplete determination of the General Plan
amendment application is a violation of Development Code Section 9-03.020 and applicable
amendment checklist; and
WHEREAS, the Planning Commission of the City of Anoyo Grande held a duly noticed
public hearing on October 29, 1996 to consider said appeal; and
WHEREAS, after due study, deliberation, and public hearing, the Planning Commission
finds that the following circumstances exist relative to said appeal:
1. Pursuant to Development Code Section 9-03.020(B), an application for Development
Code amendment must be filed concurrently with the General Plan amendment, because
the requested General Plan amendment affects the zoning district boundaries; and
2. The requirement for concurrent processing of the applications is consistent with
Government Code Section 65862 which encourages local agencies to concunently process
applications for general plan amendments and zoning changes with are needed to permit
development so as to expedite processing of such applications.
3. The requirement for concurrent processing of the applications is neither arbitrary nor
capricious, because this requirement has been consistently applied since the effective date
of the Development Code.
Resolution No. 96-1588
Tatsumi Kawaoka (Appeal)
October 29, 1996
Page 2
NOW THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo
Grande hereby denies the appeal of the Community Development �irector's decision and affirms
and upholds the determination that the application for General Plan amendment is incomplete
without the concunent submittal of an application for Development Code amendment.
On motion by Commissioner Deviny, seconded by Commissioner Lubin, and by the
following roll call vote, to wit:
AYES: Commissioners Deviny, Lubin, Keen and Tappan
NOES: None
ABSENT: Commissioner Titus
the foregoing Resolution was adopted this 29th day of October, 1996.
ATTEST:
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ill Breese, Commission Cler -
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William Tappan, hair
Doreen LibeYto-Blanck, Community Development Director
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