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O 581 ORDINANCE NO. 581 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING PORTIONS OF TITLE 16 OF THE ARROYO GRANDE MUNICIPAL CODE (DEVELOPMENT CODE AMENDMENT 04-005A), REVISING LAND USE REGULATIONS FOR DESIGN DEVELOPMENT OVERLAY DISTRICT OMU-D-2.20 WITHIN THE OFFICE MIXED USE DISTRICT WHEREAS, the City Council adopted the updated General Plan which became effective November 10, 2001 and requires a comprehensive review and necessary revisions to the .Arroyo Grande Municipal Code and Zoning Map for consistency, in accordance with Government Code Section 65860; and WHEREAS, the City Planning Commission held a public hearing on August 1, 2006 and recommended approval of the proposed amendment to the Arroyo Grande Municipal Code for the purposes of clarification of standards and balance of uses within the Office Mixed Use 0-2.20 Design Development Overlay District; and WHEREAS, the City Council has considered Development Code Amendment 04-005A at a duly noticed public hearing on September 12, 2006, in accordance with the Arroyo Grande Municipal Code, 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, Planning Commission recommendations, 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 revisions to Design Development District OMU-D-2.20, incorporated by reference into Title 16, are consistent with the objectives, policies and implementation measures of the General Plan, particularly those prescribed for the Mixed Use land use designations within the land use element. B. The proposed revisions to Design Development District OMU-D-2.20, incorporated by reference into Title 16, will not adversely affect the public health, safety, and welfare or result in an illogical land use pattern. C. The proposed revisions to Design Development District OMU-D-2.20, incorporated by reference into Title 16, satisfy the intent of chapter, 16.36 within the Municipal Code and provide for internal consistency; D. The proposed change of zones and revisions to Title 16 are within the scope of the Program EIR prepared for the 2001 General Plan Update, and the potential environmental impacts of the proposed amendment are less than significant. ORDINANCE NO. 581 PAGE 2 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: Arroyo Grande Municipal Code Subsection 16.08.010.R is hereby amended to read as follows: "R. Ordinance 581 relating to a Design Development Overlay District OMU- D-2.20." SECTION 3: Design Development Overlay District OMU-D-2.20 is amended in its entirety as shown in Exhibit "A" and as described in Exhibit "8" attached hereto and incorporated herein by this 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. 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 ServiceslDeputy 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 7: This Ordinance shall take effect thirty (30) days after its adoption. On motion by Council Member Arnold, seconded by Council Member Guthrie, and by the following roll call vote to wit: AYES: NOES: ABSENT: Council Members Arnold, Guthrie, Dickens, Costello, and Mayor Ferrara None None the foregoing Ordinance was adopted this 10lh day of October, 2006. ORDINANCE NO. 58 I PAGE 3 ~~~/ TONY M. FE ,MAYOR ATTEST: ~ (jldlnO!lL KELLY W T RE, CITY CLERK APPROVED AS TO CONTENT: s~A6~ CITY MANAGER APPROVED AS TO FORM: l{ ~ 7 I Lv- )!__ TIM. THY J. C EL, CITY ATTORNEY J '7 <f z I ~ - I I, 1 r, -A ::...- D-O-D -S-O-N-JN-A:::r-'--D -O-D-S-O-N-W-A:::r---.J .". ~ ." ~ ...l 1 ----~ I I I I LJ>>~~ n""_.._~~..~,...=_,. -~ . .. . . . . . . : : . = : ~ . . ~ . . . . . i. J:tJUI T -O-D-D-l.-N '-/ .u-V-E-S-.:r / / F-A-R-R-O v---- ~ 7/ = ! . ~ ~ ij i J \ \ N-E-W-M-A-N-D P \ \ I I / - ~H31:.'II;,:;lII~-1l EXHIBIT "B" Design Development Overlay District 2.20: Medical Mixed Use Objective of District: To provide for sufficient land for the orderly development of Arroyo Grande Hospital and functionally related medical facilities. Description of Parcels: APNs: 006-39- 044, 046, 047, 048, and 049 (see Zoning Map OMU-D-2.20.) Use Regulations: Mixed use development with a minimum ofJ5% of the net building site (or equivalent area for vertical mixed use projects as determined by the Community Development Director) shall be developed for office use to be compatible with the anticipated needs for the Arroyo Grande Hospital. Deviations up to 25% (reserving a minimum of 50% of the net area for office use) may be determined to be acceptable, as determined by City Council, if they are needed to achieve a logical and coherent site plan that meets the objective of this district. All other uses are as specified in underlying zoning district (OMU): Site Development Criteria: 1. As specified in the underlying zoning district (OMU). 2. Three-story building components allowed only with substantial transitional space and/or lower story elements adjacent to residential districts or uses. 3. Future hospital redevelopment shall include public transportation improvements (reference development approval CUP 02-006, Planning Commissions Resolutions 03-1839, and 021-1841) 4. Maximum Building Size may exceed the maximum standard of 50,000 square feet specified in underlying zoning district (OMU). Performance Standards: Section 16.48.065 Mixed use developments. Section 16.48.120 Performance Standards. Design Guidelines: none. Additional Information: These parcels were zoned with a -0 overlay at the time of the 2004 Development Code Update to clarify development standards that pertain to the subject parcels (reference Ordinance 557) and amended by Ordinance XXX. Demonstration of project compatibility with the Arroyo Grande Hospital and/or coordination with a Hospital Facilities Plan must be submitted to the Community Development Director prior to any use permit approval within the OMU-D-2.20 District. OFFICIAL CERTIFICATION I, KELLY WETMORE, 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. 581 which was introduced at a regular meeting of the City Council on September 12, 2006; was passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 10th day of October 2006; 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 11 th day of October 2006. 0uL- RE, CITY CLERK