O 722 ORDINANCE NO. 722
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE AMENDING SECTIONS 16.36.030 AND
16.52.091 OF THE ARROYO GRANDE MUNICIPAL CODE
REGARDING EMERGENCY SHELTERS AND FINDING
THE ORDINANCE EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
WHEREAS, on May 5, 2021, the California Department of Housing and Community
Development certified the City's sixth cycle (2020-2028) housing element; and
WHEREAS, the housing element profiles the City's compliance with various state housing
laws, including Senate Bill 2; and
WHEREAS, among other things, SB 2 requires cities' housing elements to identify a zone
or zones where emergency shelters are permitted without discretionary review; and
WHEREAS, the City's housing element states that emergency shelters are permitted
without discretionary review in the Industrial Mixed Use ("IMU") and Highway Mixed Use
("HMU") zoning districts; and
WHEREAS, with respect to emergency shelters, portions of the City's zoning code are
internally inconsistent and conflict with the housing element; and
WHEREAS, AGMC section 16.52.091 states that emergency shelters are permitted
without discretionary review in the IMU and HMU zones; section 16.36.030 provides that
emergency shelters in these zones require a minor use permit(a discretionary approval);
and
WHEREAS, this ordinance amends section 16.36.030 to specify that emergency shelters
are permitted in the IMU and HMU zones without discretionary review. So amending this
section will ensure it no longer conflicts with the housing element and section 16.52.091;
and
WHEREAS, the City Council recognizes that emergency shelters provide critical shelter
and support to unhoused individuals. For these reasons, this ordinance also amends
sections 16.36.030 and 16.52.091 to specify that emergency shelters are permitted
without discretionary review in the Fair Oaks Mixed Use ("FOMU") zone; and
WHEREAS, on June 6, 2023, the Planning Commission conducted a duly noticed public
hearing to consider the staff report, recommendations by staff, and public testimony
concerning the ordinance. Following the public hearing, the Planning Commission voted
to forward the ordinance to the City Council with a recommendation in favor of its
adoption; and
65501.00002\41296594.1
ORDINANCE NO. 722
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WHEREAS, on June 27, 2023, the City Council conducted a duly noticed public hearing
to consider the ordinance, including: (1) the public testimony and agenda reports
prepared in connection with the ordinance; (2) the policy considerations discussed
therein; and (3)the consideration and recommendation of the Planning Commission; and
WHEREAS, the City Council of the City of Arroyo Grande, at its regularly scheduled public
meeting on June 27, 2023 introduced this Ordinance to amend Sections 16.36.030 and
16.52.091 of Title 16 of the Arroyo Grande Municipal Code; and
WHEREAS, all legal prerequisites to the adoption of the ordinance have occurred.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES
ORDAIN AS FOLLOWS:
SECTION 1. Incorporation. The above recitals are true and correct and are
incorporated herein by this reference.
SECTION 2. Environmental. The City Council finds that this ordinance is exempt
from the California Environmental Quality Act ("CEQA") because the ordinance does not
qualify as a "project" under CEQA and because the ordinance will not result in a direct or
reasonably foreseeable indirect physical change in the environment. (State CEQA
Guidelines section 15060, subd. (c)(2), (3).) Section 15378 of the State CEQA Guidelines
defines a project as the whole of an action, which could potentially result in either a direct
physical change, or reasonably foreseeable indirect physical change, in the environment.
Here, the ordinance will not result in any construction or development, and it will not have
any other effect that would physically change the environment. The ordinance therefore
does not qualify as a project subject to CEQA.
In the alternative, even if the Ordinance did qualify as a "project" under CEQA, it
would be exempt from CEQA under State CEQA Guidelines section 15061(b)(3), which
exempts projects from CEQA "[w]here it can be seen with certainty that there is no
possibility that the activity in question may have a significant effect on the environment."
Thus, even if the ordinance could result in some physical change in the environment, the
ordinance is exempt from CEQA because it can be seen with certainty that there is no
possibility that the Ordinance may have a significant effect on the environment.
SECTION 3. Required Findings. In accordance with section 16.16.040(E) of the
Arroyo Grande Municipal Code, the City Council hereby makes the following findings:
1. General Plan. The ordinance's amendments to the AGMC are consistent
with the general plan and necessary and desirable to implement the provisions thereof.
Specifically, housing element policy J.2 provides that the City shall allow emergency
shelters in appropriate zoning districts in accordance with state law. This ordinance
effectuates and implements policy J.2 by: (1) aligning the AGMC with the requirements
of SB 2; and (2)expanding the areas where emergency shelters are permitted by allowing
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ORDINANCE NO. 722
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this use in the FOMU zone. The ordinance is also consistent with, and implements, the
general plan because it ensures that the AGMC does not conflict with the housing
element's provisions regarding emergency shelters in the IMU and HMU zones. For these
reasons, the ordinance's amendments to the AGMC are consistent with the general plan
and necessary and desirable to implement the provisions thereof.
2. Health, Safety, and Welfare; Illogical Land Use Pattern. Adoption of the
ordinance will not adversely affect the public health, safety, and welfare as it simply
updates the AGMC to remove an internal inconsistency, comply with state law (i.e., SB
2), and ensure that the AGMC is consistent with the City's housing element. Furthermore,
given that emergency shelters provide a safe alternative to sleeping outdoors, permitting
emergency shelters in the FOMU zone will augment the public health, safety, and welfare
by providing additional opportunities in the City for this use. Finally, this ordinance will not
result in an illogical land use pattern as it is not amending the City's zoning map.
3. Consistency with Title 16. This ordinance is consistent with the purpose and
intent of AGMC Title 16 because it removes an internal inconsistency therein and ensures
that the provisions thereof are consistent with the City's housing element.
4. Environmental. See Section 2 above.
SECTION 4. Code Amendment. The entry for "emergency shelters" in Table
16.36.030(A) of section 16.36.030 of the Arroyo Grande Municipal Code is hereby
amended to read as follows (additions shown in underline and deletions shown in
strikethr h):
Allowed Land IMU TMU VCD VMU GMU FOMU HMU OMU 1 RC 2 Specific Use
Uses and Permit D-2.11 HCO D-2.11 D-2.20 Standards
Requirements— D-2.4 HCO and other
LAND USE D-2.4 references
Emergency MJP P NP NP NP NP NP P MIJP NP NP 16.52.091
Shelters P
SECTION 5. Code Amendment. Subsection (A) of section 16.52.091 of the
Arroyo Grande Municipal Code is hereby amended to read as follows (additions shown
in underline and deletions shown in strilkethrough):
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"16.52.091 — Emergency Shelters"
A. Purpose and Intent. It is the purpose of this section to facilitate and
encourage the provision of emergency shelters for homeless persons and
households by allowing permanent year-round emergency shelters without
a conditional use permit or other discretionary action in the industrial mixed
use (IMU)1 and highway mixed use (HMU), and the fair oaks mixed use
(FOMU) zoning districts, subject only to the same development standards
that apply to other permitted uses in these zones, except for the following
requirements unique to emergency shelters, as authorized by Government
Code Section 65583(a)(4).
SECTION 6. Publication. A summary of this ordinance shall be published in a
newspaper published and circulated in the City of Arroyo Grande at least five 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 City
Clerk. Within 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 City Clerk shall post a certified copy of the full text of such adopted
ordinance.
SECTION 7. Effective Date. This ordinance shall become effective 30 days after
adoption.
SECTION 8. Severability. Should any provision of this ordinance, or its
application to any person or circumstance, be determined by a court of competent
jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have
no effect on any other provision of this ordinance or the application of this ordinance to
any other person or circumstance, and, to that end, the provisions hereof are severable.
The City Council declares that it would have adopted all the provisions of this ordinance
that remain valid if any provisions of this ordinance are declared invalid.
SECTION 9. Records. The documents and materials associated with this
ordinance that constitute the record of proceedings on which the City Council's findings
and determinations are based are located at 300 E. Branch Street, Arroyo Grande, CA
93420. The City Clerk is the custodian of the record of proceedings.
On motion by Council Member George, seconded by Council Member Guthrie, and by
the following roll call vote to wit:
AYES: Council Members George, Guthrie, Secrest, and Mayor Ray Russom
NOES: None
ABSENT: Council Member Barneich
the foregoing Ordinance was adopted this 25th day of July, 2023.
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ORDINANCE NO. 7... .
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. P A
CAREN RAY Fg1S'OM, MAYOR
ATTEST:
.-50.fidJESSICA MA SON, r CLERK
APPROVED AS TO CONTENT:
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WHI NEY M ONALD, ITY MANAGER
APPROVED AS TO FORM:
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SE CI A ORNEY
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OFFICIAL CERTIFICATION
I, SARAH LANSBURGH, Deputy 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 Ordinance No. 722 which was introduced at a regular meeting
of the City Council on June 27, 2023; was passed and adopted at a regular
meeting of the City Council on the 25th day of July 2023; 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 28th
day of July 2023.
SARAH LAN URGH, EPUTY CITY CLERK