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PC R 07-2046RESOLUTION NO. 07-2046 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING TO THE CITY COUNCIL APPROVAL OF GENERAL PLAN AMENDMENT CASE NO. 06-003 AND DEVELOPMENT CODE AMENDMENT CASE NO. 06-005, AND AMENDMENTS TO TITLE 16 OF THE CITY OF ARROYO GRANDE MUNICIPAL CODE, PROPOSING A CHANGE IN GENERAL PLAN LAND USE DESIGNATION/ZONING FOR THE PROPERTIES AT 362; 370; 378; & 382 S. HALCYON ROAD & 906 FAIR OAKS AVENUE AND FOR THE PROPERTIES AT 160; 162; 166; 168; 170; 174 178; 180; 186; 190; 194; & 198 S. ELM STREET & 1205 POPLAR STREET. 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 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 WHEREAS, the Planning Commission, 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 Planning Commission, after public hearing, consideration of staff report, all testimony and evidence presented, and 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, the Planning Commission, after public hearing, consideration of staff report regarding the 2003 Housing Element and Land Use Elements, all testimony and evidence presented finds the proposed land use and zoning map changes as shown on Exhibits A and B to be appropriate and consistent with the intent of 2001 General Plan Update adopted policies, specifically those policies in the Housing Element and Land Use Element; and WHEREAS, after consideration of all testimony and all relevant evidence, the Planning Commission has determined that the following General Plan Amendment findings can be made in an affirmative manner: RESOLUTION NO. 07-2046 PAG E 2 1. The proposed amendment to the 2001 General Plan land use element designation provides consistency with the goals, objectives, policies and programs of the General Plan and is specifically consistent with the 2005 Housing Element Housing Opportunity Site Inventory; and 2. The proposed amendment will not adversely affect the public health, safety, and welfare and is being considered concurrent with zoning amendments that provide for multi-family or single family use in the vicinity of South Elm Street and mixed residential and office use in the vicinity of South Halcyon Road and Fair Oaks Avenue; and 3. The proposal has been reviewed in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Arroyo Grande Rules and Procedures for Implementation of CEQA and it has determined that the proposed project is described and included in a Negative Declaration dated June 28, 2007; and WHEREAS, after due study, deliberation and public hearing, the Planning Commission 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 inedical facilities and professional office uses to complement the character and service the population of Arroyo Grande by designating as Office(0) 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 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. RESOLUTION NO. 07-2046 PAGE 3 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends to the City Council of the City of Arroyo Grande that General Plan Land Use Map be amended as shown in Exhibits "A" and "B" and that the Zoning Map be amended as shown in Exhibits "A" and "B" attached hereto and incorporated herein by this reference. . On motion by Commissioner Marshall, seconded by Commissioner Tait, and by the following roll call vote, to wit: AYES: Commissioners Marshall, Tait, Keen and Chair Ray NOES: None ABSENT: Commissioner Barneich � the foregoing Resolution was adopted this 18' day of September 2007. ATTEST: � U e `�-� I GLENDA BONER for LYN REARDON-SMITH, SECRETARY TO THE COMMISSION ROB SWRONG, COMMUNITY DEVELO OR � � �