O 630 ORDINANCE NO. 630
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE AMENDING SECTIONS 16.04.070(C), 16.32.030(A) AND
16.48.060 OF THE ARROYO GRANDE MUNICIPAL CODE
REGARDING ROUNDING UP FOR A FRACTIONAL UNIT OF 0.51 OR
GREATER WHEN CALCULATING ALLOWABLE DENSITY IN THE
MULTI - FAMILY (MF) ZONING DISTRICT; DEVELOPMENT CODE
AMENDMENT CASE NO. 10 -003
WHEREAS, the purpose of the Multi- Family (MF) zoning district is to provide for a variety
of residential uses, encourage diversity in housing types with enhanced amenities
(common open space and recreation areas), or provide transitions between higher
intensity and lower intensity uses; and
WHEREAS, the MF district is intended as an area for development of small lot single -
family detached, single - family attached, and multifamily attached residential dwelling units,
planned unit developments, condominiums, and certain senior housing types, at a
maximum allowable density of nine dwelling units per gross acre; and
WHEREAS, the City has determined that infill development is appropriate and desired in
the Multi - Family (MF) zoning district; and
WHEREAS, the City has initiated Development Code Amendment 10 -003 to amend
Arroyo Grande Municipal Code Sections 16.04.070(C), 16.32.030(A) and 16.48.060 to
allow rounding up for a fractional unit of 0.51 or greater when calculating allowable
density in the MF zoning district to encourage infill development; and
WHEREAS, after consideration of all testimony and all relevant evidence, the City
Council has determined that the following Development Code Amendment findings can
be made in an affirmative manner:
A. The proposed changes to Sections 16.04.070(C), 16.32.030(A) and 16.48.060 will
help accommodate a broad range of Multi - Family residential housing types and
densities within the City by encouraging infill development in the MF zoning district,
and is therefore desirable to implement the provisions of the General Plan.
B. The proposed changes to Sections 16.04.070(C), 16.32.030(A) and 16.48.060 will
not adversely affect the public health, safety, and welfare or result in an illogical
land use pattern.
C. The proposed changes to Sections 16.04.070(C), 16.32.030(A) and 16.48.060 is
consistent with the purpose and intent of Title 16, satisfies the intent of chapters
16.04 and 16.32 of the Municipal Code and provides for internal consistency;
D. As disclosed in the Negative Declaration prepared for the project, the potential
environmental impacts of the proposed changes to Sections 16.04.070(C),
16.32.030(A) and 16.48.060 are insignificant.
ORDINANCE NO. 630
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 and incorporated herein
by this reference.
SECTION 2: Arroyo Grande Municipal Code Section 16.04.070(C) — Definitions — is
hereby amended to modify the following definition:
"Density" means number of dwelling units on a lot in relation to the lot size
expressed in units per gross acre.
SECTION 3: Arroyo Grande Municipal Code Section 16.32.030(A) - Residential
densities for residential districts - is hereby amended as follows:
A. For all single - family residential units within a residential zoning district, each
dwelling unit counts as one density unit. For multifamily dwellings within a
residential zoning district, a one - bedroom or studio is equal to 0.5 unit and a two -
bedroom and above is equal to one unit. Rounding up to the next whole number is
not applicable when calculating density, except in the Multi - Family (MF) zoning
district. For calculating allowable density in the MF district, all remainders of 51
percent or greater shall be rounded to the next higher whole number. Density in
mixed use districts are defined in Section 16.36.030(C)(2).
SECTION 4: Arroyo Grande Municipal Code Section 16.48.060 — Development Density
— is hereby amended as follows:
The general plan classifications specify the maximum allowable development
density per gross acre of land owned in fee by the applicant (including street right -of-
way that would revert to the property owner if abandoned). Rounding up to the next
whole number is not applicable when figuring density except in the Multi - Family district
for fractional units of 0.51 or above, when calculating density for the provision of
affordable housing, or for mixed use districts where rounding to the next half number is
appropriate. Density for residential districts is discussed in Section 16.32.030(A).
Density for mixed use districts is discussed in Section 16.36.030(C).
SECTION 5: 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 any one or more
section, subsection, subdivision, paragraph, sentence, or clause be declared
unconstitutional.
ORDINANCE NO. 630
PAGE 3
SECTION 6: Upon adoption of this Ordinance, the City Clerk shall file a Notice of
Determination.
SECTION 7: 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 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 City Clerk shall post a certified copy of the full text of such adopted Ordinance.
SECTION 8: This Ordinance shall take effect thirty (30) days from the date of adoption.
On motion of Council Member Brown, seconded by Council Member Costello, and on
the following roll call vote to wit:
AYES: Council Members Brown, Costello, Guthrie, Ray, and Mayor Ferrara
NOES: None
ABSENT: None
the foregoing Ordinance was adopted this 22" day of February, 2011.
ORDINANCE NO. (.3D
PAGE 4
TONY FE , MAYOR
ATTEST:
KELLY W MO; E, CITY CLERK
APPROVED AS TO CONTENT:
STE EN AD S, CITY MANAGER
APPROVED AS TO FORM:
/7 TIM THY J CA$M�L, CITY ATTORNEY
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. 630 which was
introduced at a regular meeting of the City Council /Redevelopment Agency on
February 8, 2011; was passed and adopted at a regular meeting of the City
Council /Redevelopment Agency of the City of Arroyo Grande on the 22 day of
February 2011; 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 24
day of February 2011.
KELLY ETM / E, CITY CLERK