PC R 02-1854RESOLUTION NO. 02-1854
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE APPROVING DEVELOPMENT CODE
AMENDMENT 02-003; REZONING THE PROPERTY
LOCATED AT 871 EAST CHERRY AVENUE FROM
GENERAL AGRICULTURE (AG) TO AGRICULTURAL
PRESERVE (AP)
WHEREAS, the applicant has filed for a Development Code Amendment to rezone the
property located at 871 East Cherry Avenue from General Agriculture (AG) to Agricultural
Preserve (AP); and
WHEREAS, the Planning Commission of the City of Arroyo Grande has held a public
hearing on Development Code Amendment 02-003 in accordance with City Code; and
WHEREAS, the Planning Commission finds that this project is consistent with the City's
General Plan and Development Code; and
WHEREAS, the Planning Commission has determined that the following Development
Code Amendment findings can be made in an affirmative manner:
1. The proposed change of zone is consistent with the goals, objectives,
policies and programs of the general plan, and is necessary and desirable to
implement the provisions of the general plan. The proposed zone change will
satisfy Objective Ag3 of the Agriculture, Open Space & Conservation
Element. of the General Plan, which states "Current acreage of agricultural
uses within Arroyo Grande's area of concern shall be maintained".
2. The proposed change of zone will not adversely affect the public health,
safety, and welfare or result in an illogical land use pattern. The existing
zone and proposed zone are both agricultural in nature, and will not adversely
affect the pub/ic health, safety, and welfare or result in an illogical land use
pa ttern.
3. The proposed change of zone is consistent with the purpose and intent of
the City's Development Code. The proposed change of zone satisfies
Section 16.28.020(B) of the Deve%pment Code, which states "The primary
purpose of the AP district is to provide for and protect lands for which
Williamson Act contracts have been or should be signed. "
4. The potential environmental impacts of the proposed change of zone are
insignificant, or there are overriding considerations that outweigh the
potential impacts. The proposed change of zone will preserve the property
as agricultural land, and will have no potential environmental impacts.
RESOLUTION NO. 02-1854
PAGE 2
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Arroyo Grande recommends that City Council hereby approves Development Code
Amendment 02-003 with the above findings and subject to the conditions as set forth in
Exhibit "A", attached hereto and incorporated herein by this reference.
On motion by Commissioner Brown, seconded by Commissioner Fowler, and by the
following roll call vote, to wit:
AYES: Commissioner's Brown, Fowler, Guthrie, Keen and Chair Costello
NOES: None
ABSENT: None
the foregoing Resolution was adopted this 15 day of October 2002.
ATTEST:
�
LYN REARDON-SMITH
COMMISSION CLERK
ROB"STRON�';
COMMUNITY DEVEL PMENT DIRECTOR
i %
EPH M. COSTELLO, CHAIR
�
RESOLUTION NO. 02-1854
PAGE 3
EXHIBIT "A"
CONDITIONS OF APPROVAL
DEVELOPMENT CODE AMENDMENT 02-003
GORDON F. DIXSON TRUST
871 EAST CHERRY AVENUE
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THIS APPROVAL AUTHORIZES:
A. The rezoning of the property located at 871 East Cherry Avenue, as shown in
Exhibit "B", from General Agriculture (AG) to Agricultural Preserve (AP).
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1. The applicant shall ascertain and comply with all Federal, State, County and
City requirements as are applicable to this project.
2. The applicant shall agree to defend at his/her sole expense any action
brought against the City, its present or former agents, officers, or employees
because of the issuance of said approval, or in anyway relating to the
implementation thereof, or in the alternative, to relinquish such approval.
The applicant shall reimburse the City, its agents, officers, or employees, for
any court costs and attorney's fee's which the City, its agents, officers or
employees may be required by a court to pay as a result of such action. The
City may, at its sole discretion, participate at its own expense in the defense
of any such action but such participation shall not relieve applicant of his/her
obligations under this condition.