O 661 ORDINANCE NO. 661
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE PREZONING A 48.74-ACRE PROPERTY ADJOINING THE
CITY IN THE VICINITY OF CASTILLO DEL MAR (APN 075-021-026)
FOR THE PURPOSE OF ANNEXATION (DEVELOPMENT CODE
AMENDMENT 14-003); APPLICANT — THE HEIGHTS AT VISTA DEL
MAR GROUP, LLC
WHEREAS, in 1990, the City of Arroyo Grande (the "City") appealed a Mitigated
Negative Declaration for a 16-lot residential subdivision (VTTM 1789 — Busick Tract)
located at the southeast terminus of Castillo Del Mar for the reason of traffic impacts;
and
WHEREAS, in 1994, the County of San Luis Obispo (the "County") required that an
Environmental Impact Report (EIR) be prepared for VTTM 1789; and
WHEREAS, in May 2006, the City entered into a Memorandum of Understanding
(MOU) with the Lucia Mar Unified School District (the "District"), J.H. Land Partnership
(the applicant for VTTM 1789) and John Taylor (agricultural land owner) to enable the
City to accomplish an extension of Castillo Del Mar to Valley Road to improve
circulation; and
WHEREAS, in June 2008, the County adopted an EIR and approved VTTM 1789; and
WHEREAS, the MOU was amended in January 2007, April 2007, April 2008, December
2010 and August 2013; and
WHEREAS, VTTM 1789 was not pursued and a new Tract Map was instead submitted
to the County for a 22-lot subdivision on the subject property (VTTM 3048, Heights at
Vista Del Mar); and
WHEREAS, the County approved VTTM 3048 on December 12, 2013; and
WHEREAS, on August 27, 2013 the City Council adopted Resolution No. 4543
approving initiation of proceedings for the amendment of the City's Sphere of Influence
(SOI) to include the subject property within the City limits; and
WHEREAS, on November 21, 2013 the San Luis Obispo County Local Agency
Formation Commission (LAFCO) approved an amendment to the City's SOI to include
the subject property within the City limits; and
WHEREAS, the City Council adopted the updated General Plan which became effective
on October 9, 2001 and which includes the Housing Element adopted in 2013; and
WHEREAS, the applicant has initiated General Plan Amendment 14-001 to amend the
Land Use Map to designate the subject property as Low Density (LD) Residential; and
ORDINANCE NO. 661
PAGE 2 -
WHEREAS, the Community Development Department has conducted CEQA initial
studies and concluded that environmental impacts associated with the project will be
mitigated to a less than significant level; and
WHEREAS, the City Council, after public hearing, consideration of the draft Mitigated
Negative Declaration, all testimony and evidence presented, finds the Mitigated
Negative Declaration appropriate and adequate pursuant to State and local CEQA laws
and guidelines and reflects its independent judgment and analysis; and
WHEREAS, the City Council, after a duly noticed public hearing on March 25, 2014,
consideration of the staff report, all testimony and evidence presented finds the
proposed changes to the zoning map as shown on Exhibit "A" attached hereto and
incorporated herein, to be appropriate and consistent with the intent of the 2001
General Plan Update adopted policies, specifically those policies in the Housing
Element and Land Use Element; 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:
1. The proposed amendment is consistent with the goals, objectives, policies and
programs of the general plan and will not result in any internal inconsistencies
within the plan. The proposed amendment satisfies the following objectives and
policies of the Land Use and Housing Elements of the General Plan: Policy
LU11-1.4, which requires the City to "restrict new urban single family, multiple
family and mobile home uses to infill areas adjacent to existing developments of
similar density'; Objective LU10, to "Promote a pattern of land use that protects
the integrity of existing land uses, area resources and infrastructure and involves
logical jurisdictional boundaries with adjacent communities and the County';
Housing Element Policy A.1 stating the "City shall adopt policies, programs, and
procedures to attempt to meet the present and future needs of residents of the
City, and to aim at providing their fair share regional housing need allocated
(RHNA) for each income classification, within identified governmental, market,
economic and natural constraints'; and Policy A.8 which states that "The City
may annex land on the urban edge to promote orderly growth and the
preservation of open space."
2. The proposed amendment will not adversely affect the public health, safety and
welfare or result in an illogical land use pattern. There will be adequate provisions
for water, sanitation, public utilities and services to serve the subject property.
Specifically, water supply has been secured through water conservation offsets and
South San Luis Obispo County Sanitation District can accommodate the additional
flow.
ORDINANCE NO. 661
PAGE 3
3. The proposed amendment is consistent with the purpose and intent of the
Development Code. The primary purpose of the RH district is to provide for and
protect rural atmosphere and lifestyles, as well as to provide for protection of
existing hillside areas in accordance with general plan policies. This district is
intended as an area for development of low density, large lot, single-family
detached and small lot single-family detached residential dwelling units at a
maximum density of one dwelling unit per 1.5 gross acres. Cluster development is
encouraged in order to protect the environment. VTTM 3048 provides a logical and
orderly pattem of development consistent with neighboring developments and
preserves 14.87 acres of open space containing an oak woodland habitat.
4. The potential environmental impacts of the proposed amendment are insignificant
or can be mitigated to an insignificant level. The City Council has reviewed the
amendment in compliance with the Califomia Environmental Quality Act (CEQA)
and has determined that a Mitigated Negative Declaration can be adopted.
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.
Section 2: The Mitigated Negative Declaration for the subject project is hereby
adopted.
Section 3: The boundaries of the zoning district established pursuant to Section
16.24.010 are hereby revised as outlined below and as more specifically set forth in
Exhibit 'A', attached hereto and made a part hereof.
➢ Prezone for annexation from County Residential Suburban (RS) to
Residential Hillside (RH) as shown on Map Exhibit 'A'.
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 any one or more
section, subsection, subdivision, paragraph, sentence, or clause be declared
unconstitutional.
Section 5: 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,
ORDINANCE NO. 661
PAGE 4
and the City Clerk shall post a certified copy of the full text of such adopted Ordinance.
Section 6: This Ordinance shall take effect and be in full force and effect thirty (30)
days after its passage.
On motion by Council Member Brown, seconded by Council Member Costello, and by the
following roll call vote, to wit:
AYES: Council Members Brown, Costello, Bameich, Guthrie, and Mayor Ferrara
NOES: None
ABSENT: None
the foregoing Ordinance was adopted this 8th day of April 2014.
ORDINANCE NO. 4,4'1
PAGE 5
TONY F MAYOR
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KELLY / •RE, CITY CLERK
APPROVED AS TO CONTENT:
STEVE S, CITY MANAGER
APPROVED A TO FORM:
TIM THY J. C MEL, CITY ATTORNEY
EXHIBIT "A"
DCA 14-003
AMENDMENT TO THE CITY OF ARROYO GRANDE
ZONING MAP
(APN 075-021-026)
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Project Site:
Zoning Designation = Residential
Hillside (RH)
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. 661which was
introduced at a regular meeting of the City Council on March 25, 2014; was
passed and adopted at a regular meeting of the City Council on the 8th day of
April 2014; 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 10th
day of April 2014.
KELLY ;j ORE, CITY CLERK