Loading...
O 531 - ORDINANCE NO. 531 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING THE ZONING MAP OF ARROYO GRANDE AND SECTION 16.32.020 OF THE DEVELOPMENT CODE; DEVELOPMENT CODE AMENDMENT 01- 004, APPLIED FOR BY LARRY PERSONS WHEREAS, the City of Arroyo Grande Zoning Map indicates that the 5-acre parcel identified in the attached, Exhibit "A", located on the northwest comer of East Grand Avenue and Courtland Street, is located in the General Commercial (GC) zoning district; and WHEREAS, the applicant, Larry Persons, has filed Development Code Amendment 01- 004 to amend the Zoning Map and designate the back 3.23 acres of the project area as Senior Housing (SR), and to amend Development Code Section 16.32.020 to allow a density bonus of up to 34 dwelling units per gross acre in the SR zoning district when100% of the units are reserved for low and moderate income residents; and WHEREAS, adoption of the proposed zoning would establish land use, development and design standards for the above described area; and WHEREAS, the City Council certified the Program Environmental Impact Report for the General Plan Update on October 9, 2001 which included a land use change for the subject property from General Commercial (GC) to Mixed Use (MU); and WHEREAS, the Planning Commission of the City of Arroyo Grande has reviewed Development Code Amendment 01-004 at a duly noticed public hearing on February 19, 2002, in accordance with the Development Code of the City of Arroyo Grande at which time all interested persons were given the opportunity to be heard; and WHEREAS, the City Council of the City of Arroyo Grande has considered Development Code Amendment 01-004 at a duly noticed public hearing on March 12, 2002, in I accordance with the Development Code of the City of Arroyo Grande at which time all interested persons were given the opportunity to be heard; and , WHEREAS, the City Council has reviewed and considered the information and public testimony presented at the public hearings, staff reports, and all other information and documents that are part of the public record; and WHEREAS, the City Council finds, after due study, deliberation and public hearing, the following circumstances exist: A. Based on the information contained in the staff report and accompanying materials, the proposed Development Code Amendment amending the Zoning i __n___ ------- ~ , ORDINANCE NO. 531 PAGE 2 Map and Section 16.32.020 of the Development Code 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. B. The proposed Development Code Amendment amending the Zoning Map and Section 16.32.020 of the Development Code will not adversely affect the public health, safety, and welfare or result in an illogical land use pattem. . . C. The proposed Development Code Amendment amending the Zoning Map and Section 16.32.020 of the Development Code is consistent with the purpose and intent of the Development Code. Residential development within the project area would be required to meet development and design standards under the RS zoning designation that insure orderly development. D. The potential environmental impacts of the proposed Development Code I Amendment are insignificant or can be mitigated to a less than significant level. I NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Arroyo Grande, California hereby adopts Development Code Amendment 01-004 amending a portion ofthe Zoning Map and Section 16.32.020 of the Development Code as follows: SECTION 1: Development Code Section 16.24.020 is hereby amended as shown in I I Exhibit "A"attached hereto and incorporated herein by reference. SECTION 2: Section 16.32.020 of the Development Code is hereby amended as follows: I. Senior Housing (SR) District. The purpose of the SR district is to provide suitable locations for the provision of housing designed exclusively for senior and handicapped citizens, including independent, congregate care, assisted living, and convalescent living arrangements. Developments within the SR district shall be age- restricted to senior citizens (for non handicapped households) to the extent permitted by state law. The maximum allowable density for independent living developments shall be eleven dwelling units per gross acre, unless between twenty-five (25) percent and one hundred (100) percent of the total units are to be reserved for low and moderate income residents. If such a reservation is made, the density for independent living developments may be increased to up to thirty-four dwelling units per gross acre. This density bonus is intended to implement state law and shall not be considered in addition to that authorized by state regulations. The maximum allowable density for congregate care, assisted living,. and convalescent living arrangements shall be thirty-four (34) dwelling units per gross acre. I I SECTION 3: If any section, subsection, subdivision, paragraph, sentence, or clause of I this Ordinance or any part thereof is for any reason held to be unlawful, such decision I shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, I I , I i I i ~---.._-- ORDINANCE NO. 531 PAGE 3 subdivision, paragraph, sentence, or clause thereof, irrespective of the fact that anyone or more section, subsection, subdivision, paragraph, sentence, or clause be declared unconstitutional. SECTION 4: Upon adoption of this Ordinance, the Director of Administrative Services shall file a Notice of Determination. SECTION 5: A summary of this Ordinance shall be published in a newspaper published and circulated in the City of Arroyo Grande at least five (5) 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 Director of Administrative Services/Deputy City Clerk. Within fifteen (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 Director of Administrative ServiceslDeputy City Clerk shall post a certified copy of the full text of such adopted Ordinance. SECTION 6: This Ordinance shall take effect thirty (30) days after its adoption. On motion by Council Member Ferrara, seconded by Council Member Lubin, and by the following roll call vote to wit: AYES: Ferrara, Lubin, Dickens, Lady I NOES: Runels ABSENT: None the foregoing Ordinance was adopted this 20th day of March, 2002. i I I I i , I i ! ----~--_.._- ORDINANCE NO. PAGE 4 " MICHAEL ATTEST: , fUL- I DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK APPROVED AS TO CONTENT: ~1-~ E ADAMS;CITY MANAGER APPROVED AS TO FORM: -~- -~._--- EXHIBIT A Development Code Amendment: Proposed Rezone - " ...- .!jt"""'-y. . . . . . - - . TI. ." i.~ ... .. . .... .. . . ".... ................ , . ..."'.........."".1 . . . .......---........,.. ~_v-~-l - _ ,Jr. ~~~. ~~' 1'\\lt'" in- ~. ..... t~;" ~ ~. i , ] O..,Ho:: . ...... . ' ........ .,.:. of ........ ~ ........ . . . ... . ...- .. .. ...... .. (~..~a:1 " " . . .. ....... .. , __ ('V.... '............ " - EXISTING GC .. ..u::::::::::::::.:. '1':[. TO REMAIN... .. ... ... ~~ ~~ .. ...... "w......... ... .... .". ~~j'''. ..... ......... ... ... ..... .... ....... .. ,~., ..' . . . . . . . .. .. ... . . . '. . . . .~.~. -1 lJ;&J.,.. R...., ..,_,r", Grand Avenue & Courtland Street, Arroyo Grande APN 077 ~071 ~024 ----.- _____m_ ___..._____ ~_ ____