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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: � � ill Breese, Commission Cler - ' 1 �� William Tappan, hair Doreen LibeYto-Blanck, Community Development Director �