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O 462 C.S. .. . 293 ORDINANCE NO. 462 C. s. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ISSUING A CA TEGORICAL EXEMPTION, AMENDING TITLE 9 OF THE MUNICIPAL CODE (AMENDMENT TO TIlE DEVEWPMENT CODE) AND INSTRUCTING THE CITY CLERK TO FILE A NOTICE OF CATEGORICAL EXEMPTION (REZONE CASE NO. 94-001) WHEREAS, the City of Arroyo Grande has conducted environmental review for Rezone Case No. 94-001 and has found that a categorical exemption is appropriate; and WHEREAS, the City Council adopted the Development Code, which became effective June 13, 1991, and indicated that modifications to the Development Code may occur to refine the document; and WHEREAS, a noticed public hearing was held by the Planning Commission on February 15, 1994 which all interested persons were given the opportunity to be heard; and WHEREAS, the Planning Commission on February 15, 1994 recommended that the City Council .~mend the Development Code; and WHEREAS, a noticed public hearing was held by the City Council on March 8, 1994 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 hearing and in the proposed document and staff report. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande, California does hereby ordain the amendments outlined in Attachment "A" based on the following findings: 1. The proposed development code amendment is consistent with the goals, objectives, policies, and programs of the General Plan, and is necessary and desirable to implement the provis.ions of the General Plan. 2. The proposed development code amendment will not adversely affect the public health, safety, and welfare or result in an illogical land use pattern, as no substantive changes are being made. 3. The proposed development code amendment is consistent with the proposed and intent of Title 9. 4. There will be no potential for environmental impacts of the proposed development code amendment, and a categorical exemption can be filed per Section 15061 of the CEQA Guidelines. 294 Ordinance No. 462 C.S. Development Code Amendments March 22, 1994 Page Two On motion of Council Member Brandy , seconded by Council Member Burke , and by the following roll call vote, to wit: A YES: Council Members Brandy, Burke and Mayor Gallagher NOES: None ABSENT: Council Member Souza the foregoing Ordinance was adopted this 22nd day of March, 1994. ,-- ATTEST: APPROVED AS TO FORM: I, NANCY A. DAVIS, 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 foregoing Ordinance NoA61 C.S. is a true, full and correct copy of said Ordinance passed and adopted at a regular meeting of the Arroyo Grande City Council on the 22nd day of March 1994. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 31 st day of March, 1994. NANCY A. D IS, CITY CLERK CITY OF AR OYO GRANDE -~ l . Urdinance No. 4bL L.b. 1\T l1\.\..-lli\'llil ~ 1 .. f\. oj ARROYO GRANDE DEVELOPMENT CODE Chapter 9-04 295 8. For residential conversions, the decision making body must determine that: a, The conversion Is consistent with the General Plan; and b. In the case of condominium conversions, the vacancy factor of apartment rental housing units In the City exceeds five percent of the total rental housing Inventory. Existing rental units may be approved for conversion regardless of the vacancy factor If the City Council determines that a new rental unit has or will be added to the City's housing Inventory for each rental unit removed through conversion. c. The subdivider has complied with such other requirements or conditions as the decision making body shall believe necessary or appropriate. F. Waiver Provisions - Mobllehomes When at least two-thirds of the owners of mobllehomes who are tenants in the mobilehome park sign a petition Indicating their Intent to purchase the mobilehome park for purposes of converting It to tenant-owned, condominium ownership Interest, the requirement for a subdivision map shall be waived unless any of the following exist: 1. There are significant design or Improvement requirements necessitated by health or safety concerns. 2. There Is a need to perform field surveys on the exterior boundaries of the parcel or parcels appearing on the face of the map. 3. The existing lot or lots were not created by a recorded parcel or final map. 4. The conversion would result In the creation of additional parcels. Waiver applications shall be processed in compliance with Section 66428 (b) of the Subdivision Map Act. Section 9-04.140 lot line Adjustments A. Applicability Any affected property owner desiring a lot line adjustment between two (2) or more existing parcels, where the land taken from one (1) parcells added to an adjacent parcel, and where the number of parcels remains the same, or Is reduced and Improves an exlstina situation, shall file an application for a lot line adjustment with the Planning Department. Effective June 13, 1991 123 Amended April 1994 ~ . 296 Ordinance No. 462 C.S. ARROYO GRANDE DEVELOPMENT CODE Chapter 9-04 3. Following a review of the application and public hearing pursuant to Section 9-02,160 of this Title, the Planning Commission shall adopt a resolution stating their decision and containing the findings of fact upon which such decision is based. Such decision Is subject to the appeal provisions of Section 9-02.150 of this Title. 4. Following approval. all parties of Interest In the subject parcels shall sign a certificate of Lot Line Adjustment that eliminates the old lot lines and that contains a legal description and illustration or drawing of the adjusted parcels. This certificate shall be recorded with the County Recorder. C. Findings The Planning Commission shall approve or conditionally approve a Lot Line Adjustment if It does not: 1. Create 9f-d~ any new lots. 2. Include any lots or parcels created Illegally, 3. Impair any existing access or create a need for access to any adjacent lots or parcels, 4. Impair any existing easements or create a need for any new easements serving adjacent lots or parcels. 5, Constitute poor land planning or undesirable lot configurations due to existing environmental conditions or current zoning development standards. 6. Require substantial alteration of any existing Improvements or create a need for any new Improvements, 7. Create a nonconforming lot In the development District In which it exists, except as allowed In Section 9-10.100 of this Title. D. Conditions of Approval The Planning Commission may only Impose such conditions of approval necessary to conform to this Title or City building ordinances or to facilitate the relocation of existing utilities, I Infrastructure, or easements. A record of surveyor other records shall be required pursuant to Section 876~ of the Business and Professions Code if monuments are set at the adjusted lot lines. Effective June 13, 1991 125 Amended April 1994 I I : .,...