Loading...
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 •►iii ► � •'ii ► � '_: ►� ► 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). ► :_ •►� •► 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.