R 3190
.... A
RESOLUTION NO. 3 1 90
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE DENYING THE APPEAL OF THE
PLANNING COMMISSION'S DETERMINATION OF
INCOMPLETE APPLICATION; APPELLANT: BURTRAM
JOHNSON, ON BEHALF OF TATSUMI KA W AOKA, r
WHEREAS, the Development Code was adopted by the City Council on May 14, 1991,
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and became effective on June 13, 1991; and
WHEREAS, Section 9-02.150 of the Development Code allows any affected person to
appeal a decision of the Planning Commission to the City Council; and
WHEREAS, on October 29, 1996 the Planning Commission determined the request for
General Plan amendment, submitted by Burtram Johnson, on behalf of Tatsumi Kawaoka, was
incomplete without the concurrent processing of a Development Code amendment; and
WHEREAS, pursuant to Development Code Section 9-03.020(B), all zoning districts
that are applicable to the same areas or matters affec~ by the General Plan amendment, and
which by law must be consistent with the General Plan, shall be reviewed and amended
concurrently as necessary to ensure consistency between the General Plan and the implementing
zoning; and
WHEREAS, on November 4, 1996, Burtram Johnson, on behalf of Tatsumi Kawaoka,
filed an appeal of the Planning Commission's determination, stating the incomplete determination
of the General Plan amendment application is a violation of State and local laws; and
WHEREAS, the City Council of the City of Arroyo Grande held a duly noticed public
hearing on December 10, 1996 to consider said appeal; and
WHEREAS.after due study, deliberation, and public h~g, the City Council finds that
the following circumstances exist relative to said appeal: .
1. Pursuant to Development COO~ Section 9-Q3.020(B) , an application for Development
Code amendment must be tiled concurrently with the General Plan amendment, because
the requested General Plan amendment affects the zoning district boundaries; and
2. The requirement for concurrent processing of;~the applications is cOQsistent with {
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Government Code Section 65862 which encourages local agencies to concurrently process
applications for general plan amendments and zoning changes which are needed to permit
development so as to expedite processing of such applications. "'--
3. The requirement for concurrent processing of the applications' l' neither arbitrary nor
capricious, because this requirement has been consistently applied since the effective date
of the Development Code.
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Resolution No. 3 1 90
Tatsumi Kawaoka (Appeal)
December 10, 1996
Page 2
NOW TIIEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande
hereby denies the appeal of the Planning Commission's decision and affirms and upholds the
determination that the application for General Plan amendment is incomplete without the
concurrent submittal of an application for Development Code amendment.
On motion by Council Member Tolley , seconded by Council Member Fulle:t; and
by the following roll call vote, to wit:
A YES: Council Members Tolley, Fuller, Runels, Lady, Cw ~~ Mayor Dougall
NOES: No
ABSENT: No
the foregoing Resolution was adopted this 10th day of
ATTEST:
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NANCY A. AVIS, CITY CLERK
APPROVED AS TO CONTENT:
J.tl~J:f {. t-f liA-;:-
ROBERT L. HUNT, CITY MANAGER
APPROVED AS TO FORM:
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RESOLUTION NO. 3190
PAGE 3
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I, NANCY A. DAVIS, City Clerk of the City of Arroyo Grande, -;
County of San Luis Obispo, State of California, do hereby certify j
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under penalty of perjury, that the attached Resolution No. 3190
is a true, full, and correct copy of said Resolution passed and
adopted at a regular meeting of the City Council of the City of
Arroyo Grande on the lOth day of December, 1996.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed
this 12th day December, 1996.
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NANCY A. VIS, CITY CLERK
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