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O 542 ORDINANCE NO. 542 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING THE ZONING MAP OF THE CITY OF ARROYO GRANDE; DEVELOPMENT CODE AMENDMENT 02-004, APPLIED FOR BY sas HOMES, FOR PROPERTY LOCATED AT THE INTERSECTION OF ASH AND COURTLAND STREETS WHEREAS, the Zoning Map of the City of Arroyo Grande indicates that the subject 5.23- acre property is located in the Single-Family (SF) zoning district with a Specific Plan (SP) overlay; and WHEREAS, the applicant, S&S Homes, has filed applications for Development Code Amendment 02-004 to amend the Zoning Map and designate the project property as CondominiumITownhouse (MF) with a SP overlay (MF-SP); and WHEREAS, adoption of the proposed zoning designation would establish 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 02-004 at a duly noticed public hearing on March. 4, 2003 and May 6, 2003, 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 02-004 at a duly noticed public hearing on June 10, 2003, 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. Based on the information contained in the staff report and accompanying materials, the proposed Development Code Amendment 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 will not adversely affect the public health, safety, and welfare or result in an illogical land use pattern. C. The proposed Development Code Amendment amending the Zoning Map is consistent with the purpose and intent of the Development Code. Medium density ORDINANCE NO. 542 PAGE 2 residential development within the project area would be required to meet development and design standards under the SF zoning designation that insure orderly development. D. The potential environmental impacts of the proposed Development Code Amendment amending the Zoning Map are insignificant or can be mitigated to a less than significant level. NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Arroyo Grande, California hereby adopts Development Code Amendment 02-004 amending a portion of the Zoning Map as follows: SECTION 1. 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 ~. 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 5. Upon adoption of this Ordinance, the Director of Administrative Services shall file a Notice of Determination. SECTION 6. 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. SECTION 7: This Ordinance shall take effect thirty (30) days atter its adoption. ORDINANCE NO. 542 PAGE 3 On motion by Council Member Dickens, seconded by Council Member Costello, and by the following roll call vote to wit: AYES: Council Members Dickens, Costello, lubin, and Mayor Ferrara NOES: None ABSENT: Council Member Runels the foregoing Ordinance was adopted this 241h day of June, 2003. - ORDINANCE NO. 542 PAGE 4 TON~ ATTEST: UfJ /lJLJ ORE, DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK APPROVED AS TO CONTENT: ~~ STEV ADAMS, CITY MANAGER APPROVED AS TO FORM: T~~IY ATTORNEY --. -_.._._~._._- EXH'B'" "A" P-J ~ ~~ '-- _ Uc ~ Ei.~ '-- c---- h C-- g ~ ~ L--- _ t::1 >! c:: ~ . Ir 0"''' L--- 1 ~ IC m ~ ~ <-- " 3OI\>IdS -5 "ii '" a: I 1 L---- ~ I )1\ U\l e ~::;, .8 .8. ~ cJ} <--, , \ \ ' , 1-0-1- 0 '" I:: II! ~L I- -",e~ U/ ~ I~ ~I- 1?%~ T)3 11 s.!:ns e~.g~ \ ~_cc _~ .. >0 '" ( 1 r ~ """"""",'" '" r~ 8 0: L--- I _ ~~ !( '" '" S !! U- '-- 1~O:~ '-- -"'& i 10 - ,g'1!; '" ~ I ~ ~ \ /"'~'" ~ ~ '-- \ ~ \~ ~~ CJWWj~ ~~L---- I "~, ~ '--- I---- 1 '1 I I r-- 1------1-- I- - - I---- _ l-------\__ I I ?i ~ I i ~ . ~! vsorM" lr-- 1 (I T I--- ~!~ ~ 1 _ _d)M) - ~ I T T 1 - ~ ~ I ~'--~~ - l ~B LfJ C g " '" ,,~ C-- ~ ~ ~ ---' ~_ ~ /'-- II! L ~ L---- 1!~ \ , - ~ ---------- -- - ---- -- - --- - --- - --------------- - 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 pe~ury, that the attached is a true, full, and correct copy of Ordinance No. 542 which was introduced at a regular meeting of the City Council on June 10, 2003; and was passed and adopted at the regular meeting of the City Council of the City of Arroyo Grande on the 24th day of June, 2003. I further certify that said Ordinance No. 542 was duly published in summary in accordance with the law and order of said City Council in The Five Cities Times Press Recorder, a newspaper printed and published in said City, on 20th day of June, 2003, at least five days prior to the meeting at which it was proposed for adoption; and a copy of the summary was posted on the City. Hall Bulletin Board. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 27th day of June, 2003. RE, DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK .