O 549
ORDINANCE NO. 549
AN ORDINANCE OF THE CITY COUNCil OF THE CITY
OF ARROYO GRANDE AMENDING THE ZONING MAP
TO DESIGNATE THE SUBJECT PROPERTY AS
CONDOMINIUMITOWNHOUSE (MF) WITH A PLANNED
DEVELOPMENT OVERLAY; DEVELOPMENT CODE
AMENDMENT 02-002 AND PLANNED DEVELOPMENT
AMENDMENT 02-401, APPLIED FOR BY DON
McHANEY, FOR PROPERTY lOCATED ON FARROll
AVENUE
WHEREAS, the 2001 General Plan Update Urban Land Use Element Map designates
the 10.3-acre property located on the north side of Farroll Avenue and east of Dixson
Street, Assessor's Parcel Number 077-251-005 (the "subject property") as Low Medium
Density Residential (LM) within a Planned Development overlay; and
WHEREAS, the City of Arroyo Grande Zoning Map designates the subject property as
Residential Suburban (RS) with a Planned Development overlay; and
WHEREAS, the applicant, Don McHaney, has filed an application for Development Code
Amendment 02-002 and Planned Development Amendment 02-001 to amend the Zoning
Map and designate the project parcel as CondominiumITownhouse (MF) with a PD 1.5
overlay (MF":PD 1.5); 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 02-002 and Planned Development 02-001 at duly
noticed public hearings on September 2,2003, October 7,2003, and October 21,2003 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 02-002 and Planned Development Amendment 02-001 at a duly
noticed public hearing on November 25, 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:
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ORDINANCE NO. 549
PAGE 2
A. Based on the information contained in the staff report and accompanying
materials, the proposed Development Code Amendment amending the Zoning
Map and Planned Development Amendment amending PD 1.5 are consistent
with the goals, objectives, policies and programs of the General Plan is
necessary and desirable to implement the provisions of the General Plan.
B. The proposed Development Code Amendment amending the Zoning Map and
Planned Development Amendment amending PD 1.5 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 and
the Planned Development Amendment amending PD 1.5 are consistent with the
purpose and intent of the Development Code. Medium High Density residential
development within the project area would be required to meet development and
design standards under the MF zoning designation that insure orderly
development.
D. The potential environmental impacts of the proposed Development Code
Amendment amending the Zoning Map and Planned Development Amendment
amending PD 1.5 are insignificant or can be mitigated to a less than significant
level.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Arroyo Grande
as follows:
SECTION 1. The above recitals and findings are true and correct.
SECTION 2. The subject property, specifically described as "Lot 17 of Pismo Beach
Gardens, recorded in Book 3 Page 45 of maps lying within the City of Arroyo Grande,
County of San luis Obispo, State of California" is hereby included within P-D-1.5, and
shall be developed in accordance with the development plans and conditions of approval
for Vesting Tentative Tract Map 2310 (Farroll Estates).
SECTION 3. Development Code Section 16.24.020 (Zoning Map) is hereby amended as
shown in Exhibit A attached hereto and incorporated herein by reference.
SECTION 4. 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.
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ORDINANCE NO. 549
PAGE 3
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 after its adoption.
On motion by Council Member Dickens, seconded by Council Member Runels, and by
the following roll call vote to wit:
AYES: Council Members Dickens, Runels, Lubin, Costello and Mayor Ferrara
NOES: None
ABSENT: None
the foregoing Ordinance was adopted this 9th day of December Z003.
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ORDINANCE NO. 549
PAGE
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RE, DIRECTOR OF ADMINISTRATIVE SERVICESI
DEPUTY CITY CLERK
APPROVED AS TO CONTENT:
Sft~~S: C;TY MANAGER
APPROVED AS TO FORM:
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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 pe~ury, that the attached is a true, full, and
correct copy of Ordinance No. 549 which was introduced at a regular meeting of
the City Council on November 25, 2003; was passed and adopted at a regular
meeting of the City Council of the City of Arroyo Grande on the 9th day of
December 2003; and was duly published in accordance with State law (G.C.
40806).
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 15th
day of December, 2003.
MchWJ~
E, DIRECTOR OF ADMINISTRATIVE SERVICESI
DEPUTY CITY CLERK
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