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O 686 ORDINANCE NO. 686 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING ORDINANCE NO. 355 C.S. "ROYAL OAKS ESTATES" TO INCREASE THE MAXIMUM ALLOWED DENSITY WITHIN PLANNED DEVELOPMENT 1.3; DEVELOPMENT CODE AMENDMENT 17-001; LOCATION- RODEO DRIVE AND GRACE LANE; APPLICANT- KIRBY GORDON; REPRESENTATIVE —JEFFREY EMRICK WHEREAS, the City of Arroyo Grande Zoning Map indicates that the subject 7.52-acre property is located within the Royal Oaks Planned Development (PD 1.3) and designated as "Estate Homes" in Ordinance No. 355 C.S., an Appendix to the Development Code; and WHEREAS, the applicant, Kirby Gordon, has filed an application for Development Code Amendment 17-001 to amend Ordinance No. 355 C.S., changing the zoning designation for the subject property to Residential Rural with a Planned Development overlay (RR- PD) allowing one dwelling unit per acre; and WHEREAS, adoption of the proposed zoning designation would establish land use, development and design standards for the subject property; and WHEREAS, the Planning Commission of the City of Arroyo Grande has reviewed Development Code Amendment 17-001 at a duly noticed public hearing on March 21, 2017, in accordance with the Development Code of the City of Arroyo Grande at which time all interested persons were given the opportunity to be heard; and WHEREAS, the City Council of the City of Arroyo Grande has considered Development Code Amendment 17-001 at a duly noticed public hearing on May 9, 2017 in accordance with the Development Code of the City of Arroyo Grande 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 hearings, staff reports, and all other information and documents that are part of the public record; and WHEREAS, the City Council finds, after due study, deliberation and public hearing, the following circumstances exist: A. Based on the information contained in the staff report and accompanying materials, 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 provisions of the General Plan. B. The proposed Development Code Amendment will not adversely affect the public health, safety, and welfare or result in an illogical land use pattern. The proposed Low Density development is consistent with the surrounding development within ORDINANCE NO. 686 PAGE 2 the Royal Oaks and Rancho Grande Planned Developments and will not impact public services beyond what the General Plan anticipates for this area. C. The proposed Development Code Amendment is consistent with the purpose and intent of the Development Code. Low density residential development within the project area would be required to meet development and design standards under the PD 1.3 zoning designation and project Design Guidelines that insures orderly development. D. The potential environmental impacts of the proposed Development Code Amendment were examined during development of the Mitigated Negative Declaration for the project, and it was determined that the proposed project will not have any significant adverse impacts on the environment. NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Arroyo Grande, California hereby adopts Development Code Amendment 17-001 amending Section 2.3 of Ordinance No. 355 C.S. as follows: Approved Residential Density LandUse. ' _.....� ... � W W','„ e''.., e 3w .e a `z..,i. w k a . , Ni it a -•c:,. .. ,{N Lot t.° Dwellin .Units' ' Estate Homes 184 7 SECTION 1: The above recitals and findings are true and correct. SECTION 2: Royal Oaks Planned Development (PD 1.3) is hereby amended to increase the maximum allowed density within the PD by allowing development at a maximum of one dwelling unit per acre on Lot 184. SECTION 3: 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 4: Upon adoption of this Ordinance, the City Clerk shall file a Notice of Determination. 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 Director of Administrative Services/Deputy 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 Director of Administrative ORDINANCE NO. 686 PAGE 3 Services/Deputy City Clerk shall post a certified copy of the full text of such adopted Ordinance. SECTION 6: This Ordinance shall take effect thirty (30) days after its adoption. On motion by Council Member Brown, seconded by Council Member Barneich, and by the following roll call vote to wit: AYES: Council Members Brown, Barneich, Harmon, Ray NOES: None ABSENT: Mayor Hill the foregoing Ordinance was adopted this 23rd day of May, 2017. ORDINANCE NO. (08 PAGE 4. JI HILL, MAYOR ATTEST: - I / bri b( lk KELLY %ETIIfRE, CITY CLERK APPROVED AS TO CONTENT: JAME71-", CITY MANAGER Vei APPROVED AS TO FORM: HEATHER WHITHAM, 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 Ordinance No. 686 which was introduced at a regular meeting of the City Council on May 9, 2017; was passed and adopted at a regular meeting of the City Council on the 23rd day of May 2017; 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 25th day of May 2017. " -'I I 0: I/l,K.Y,`( 'iaete_� KELLY TM /RE, CITY CLERK