O 535
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ORDINANCE NO. 535
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE AMENDING THE ZONING MAP
OF ARROYO GRANDE; DEVELOPMENT CODE
AMENDMENT 02- 003, APPLIED FOR BY THE GORDON
F. DIXSON TRUST
WHEREAS, the City of Arroyo Grande Zoning Map indicates that the 3.42-acre parcel
identified in the attached Exhibit "A", located at 871 East Cherry Avenue, is located in the
General Agriculture (AG) zoning district; and
WHEREAS, the applicant, Gordon F. Dixson Trust, has filed an application for
Development Code Amendment 02-003 to amend the Zoning Map and designate the
project parcel as Agricultural Preserve (AP); and
WHEREAS, adoption of the proposed zoning designation would establish land use,
development and design standards for the above described area; and
WHEREAS, the Planning Commission of the City of Arroyo Grande has reviewed
Development Code Amendment 02-003 at a duly noticed public hearing on October 15,
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 02-003 at a duly noticed public hearing on November 12, 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 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. 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".
B. The existing zone and proposed zone are both agricultural in nature, and will not
adversely affect the public health, safety, and welfare or result in an illogical land
use pattern.
C. The proposed change of zone satisfies Section 16.28.020(B) of the Development
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..
ORDINANCE NO. 535
PAGE 2
D. The proposed change of zone will preserve the property as agricultural land, and
will have no potential environmental impacts.
NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Arroyo
Grande, Califomia hereby adopts Development Code Amendment 02-003 amending a i
portion of the Zoning Map as follows: i
SECTION l' The above recitals and findings are true and correct.
SECTION 2' Development Code Section 16.24.020 is hereby amended as shown in
Exhibit "A" attached hereto and incorporated herein by reference.
SECTION 3' If any section, subsection, subdivision, paragraph, sentence, or clause of
this Ordinance or any part thereof is for any reason held to be unlawful, such decision
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,
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
Services/Deputy City Clerk shall post a certified copy of the full text of such adopted
Ordinance.
SFCTION 6: This Ordinance shall take effect thirty (30) days after its adoption.
ORDINANCE NO. 535
PAGE 3
On motion of Council Member Runels, seconded by Council Member Lubin, and on the
following roll call vote, to wit:
AYES: Council Members Runels, Lubin, Ferrara and Mayor Lady
NOES: None
ABSENT: Council Member Dickens
the foregoing Resolution was passed and adopted this 26th day of November, 2002.
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ORDINANCE NO. 535
PAGE 4
MICHAEL=:2fK
ATTEST:
ORE, DIRECTOR OF ADMINISTRATIVE SERVICESI
DEPUTY CITY CLERK
APPROVED AS TO CONTENT:
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OFFICIAL CERTIFICATION
I, KELLY WETMORE, Director of Administrative Services/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 is a true, full, and
correct copy of Ordinance No. 535 which was introduced at a regular meeting of
the City Council on November 12, 2002; and was passed and adopted at a
regular meeting of the City Council of the City of Arroyo Grande on the 26th day
of November, 2002.
I further certify that said Ordinance No. 535 was duly published in accordance
with the law and order of said City Council in The Times Press Recorder, a
newspaper printed and published in said City, on November 20, 2002 and
December 4, 2002.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 27th
day of November, 2002
(~
ORE, DIRECTOR OF ADMINISTRATIVE SERVICESI
DEPUTY CITY CLERK
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