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O 453 C.S. -- -~- ---"","~- -..,.... ,~> - _. --, _.. - -- -- -'~-~~ - - " '. . . 243 ORDINANCE NO. 453 C.S. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING A NEGATIVE DECLARATION, AMENDING CHAPTER 9 OF THE MUNICIPAL CODE (AMENDMENT 1'0 THE DEVEWPMENT CODE) AND INSTRUCTING THE CITY CLERK TO FILE A NOTICE OF DETERMINATION (REZONE CASE NO. 92-225) WHEREAS, the City of Arroyo Gr.mde has conducted environmental review for Rezone Case No. 92-225 and has found that a negative declaration 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 October 6, 1992 at which all interested persons were given the opportunity to be heard; and WHEREAS, the Planning Commission on October 6, 1992 recommended that the City Council , amend the Development Code; and ,-. WHEREAS, a noticed public hearing was held by the City Council on October 27, 1992 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 proposl:<! 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. basI:<! on the following tindings: 1. The proposed development code amendments are consistent with the goals, objectives, policies, and programs of the General Plan, and are necessary and desirable to implement the provisions of the General Plan. 2. The proposed development code amendments will not adversely affect the public health, safety, and welfare or result in an illogical land use pattern. 3. The proposed development code amendments are consistent with the purpose and intent of Title 9. 4. The potential environmental impacts of the' proposed development code amendments are insigniticant. On rrotion of Council Member Smith, seconded by Council Member Gallagher, 'and on the following roll call vote, to wit: AYES: Council Members Smith, Gallagher, Dougall and Mayor Millis NOES: None ABSENT: None ABSTAIN: Council Member l<bots fu, _'" 0""""" 'U ""I"'" fu" 24th day ~. . .d1~ "- MARK . MI S, AI(OR, ATIEST: ~a'~k'~) NANCY A. D IS, CITY CLERK APPROVED AS TO FORM: . APPROVED AS TO CONTENT: ~ ;1 /:i //' /-1" ANSEN, CITY MANAGER I -'."'--' -_._-----"~~ - ~___"~.~c". -~.-_., -,.- -...- .., ....- ---~----._._~ . J 1- . 244 . Ordinance No. 453 C.S. A'ITACBMENT"A" Amend Section 9-03.050 (b) (2) of \he Development Code as follows: 2. Use proposed is same or similar in character to existing use, as determined by the Planning Director based on \he following .use categories.. Exceptions may be allowed if the Planning Director can determine that the new use is less intensive than the existing use: a. Professional Office/Retail Commercial .'" b. Industrial/Research and Development c. Relail Commereial Convenient Store/Banks ISavin~~ & Loans d. Restaurant e. Fast-food Restaurant f. Bars/Cocktail Lounges g. Hospitals (including convalescent hospitals and animal hospitals) h. Automobile sales i. Auto-related repair and service (including gas stations); and j. Public/Quasi-Public Uses k. Residential Uses 1. Unclassified Uses Amend Section 9-03.120 of the Development Code adding as foUows: 5. Parking In any district, the PIanningDirector may waive strict adherence to the parking standards contained in Chapter 9-12 when a change or expansion in use is proposed in an existing building or an addition or enlargement of an existing single family residence is proposed and it is no feasible to provide sufficient on-site parking on the parcel. A minor exception may also I!~ ~ranted for parkin" $pace size of up to two !=. ~ 6. Minor Items A Minor Exception may be considered for other minor dewlqpml'nt r~vulnlinn~. If the minor develQPment r~lj!lIlation i~ not listed above. the P\anninr Commission mny make an inteG>>retation. The Plan";", Commi~sio., must make the findinr!i: that stich a reQ~eu i!t MI\19t'\tibte with adioinine u~es. is consi~tent with the foal~ and obiectives of the (]enera.l Plan and intent of the Deve1Qpment Code. and that the item i~ minor in scale. - .-- -_.-- -- ---~-- .-"_.'- , ~------_. .--." , . 245 ORDINANCE NO. 453 C.S. 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 No. 453 C.S. is a true, full and correct copy of said Ordinance passed and adopted at a regular meeting of said Council on the 24th day of November, 1992. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 1st day of December, 1992 . ~().. ~ CITY l...- ~