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O 608ORDINANCE NO. 608 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING DEVELOPMENT CODE AMENDMENT DCA-08- 003B TO AMEND THE DESIGN GUIDELINES AND STANDARDS FOR HISTORIC DISTRICTS RESTRICTING DESIGN FEATURES FOR "SPANISH ECLECTIC" STYLES APPLICABLE TO RESIDENTIAL DEVELOPMENT IN THE HISTORIC CHARACTER DESIGN OVERLAY DISTRICT D-2.4 WHEREAS, the City Council of Arroyo Grande adopted the updated General Plan which became effective on October 9, 2001 and requires a comprehensive review and necessary revisions to the Development Code for consistency, in accordance with Government Code Section 65860; and WHEREAS, Section 16.08.010 B. of the Municipal Code incorporates the Design Guidelines for the Arroyo Grande Village, otherwise titled Design Guidelines and Standards for the Historic Character Overlay District for Design Overlay District D-2.4 pertaining to the Village area, by reference; and WHEREAS, the City has a responsibility to assure adherence to the General Plan thereby meeting the needs and desires of the residents and the community; and WHEREAS, Objectives and policies of the Urban Land Use Element of the 2001 General Plan promote design and development compatible with the small town character of Arroyo Grande, including policies LU11-2, LU12-2, LU12-5, 12-9 and 12-10; and WHEREAS, on October 28, 2008, the City Council adopted an Ordinance (DCA-08-003) to amend the Design Guidelines and Standards for Historic Districts addressing mass and scale of residential homes in the Village Districts, including those constructed in the Spanish Eclectic Style; and WHEREAS, the City's Architectural Review Committee has reviewed further proposed amendments to the Design Guidelines and Standards at their meeting on November 3, 2008 and recommend approval; and WHEREAS, the City's Planning Commission has reviewed the proposed amendments to the Design Guidelines and Standards at their meeting on December 2, 2008 and recommend approval; 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: A. The proposed revisions to Title 16 are required to ensure consistency with the objectives, policies and implementation measures of the General Plan, particularly the land use element, and is therefore desirable to implement the provisions of the General Plan. ORDINANCE NO. 608 PAGE 2 B. The proposed amendments will not adversely affect the public health, safety, and welfare or result in an illogical land use pattern. C. The proposed revisions are consistent with the purpose and intent of Title 16 of the Municipal Code and provide for internal consistency; D. The proposed revisions to Title 16 are subject to a Class 31 categorical exemption pursuant to Sections 15061(b) and 15331 of the CEQA Guidelines. THE CITY COUNCIL OF THE CITY OF ARROYO DOES ORDAIN AS FOLLOWS: SECTION 1: The above recitals and findings are true and correct and are incorporated herein by this reference. SECTION 2: The Design Guidelines and Standards for Historic Character Overlay District D- 2.4, as amended, which is incorporated by reference in Arroyo Grande Municipal Code ("AGMC") Section 16.08.010 is hereby further amended as shown in Exhibit `A' attached hereto and incorporated herein by this reference. SECTION 3: 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 Ciry 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/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 Services/City Clerk shall post a certified copy of the full text of such adopted Ordinance. This Ordinance shall take effect and be in full force and effect thirty (30) days after its passage. SECTION 4: This Ordinance shall take effect and be in full force and effect thirty (30) days after its passage. SECTION 5: If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. ORDINANCE NO. 608 PAGE 3 On motion of Council Member Guthrie, seconded by Council Member Fellows, and on the following roll call vote to wit: AYES: Council Members Guthrie, Fellows, Arnold, Costello, and Mayor Ferrara NOES: None ABSENT: None the foregoing Ordinance was adopted this 10~h day of February 2009. ORDINANCE N0. ~oa$ PAGE 4 TONY FER ,MAYOR ATTEST• KELLY WE MO ,CITY CLERK APPROVED AS TO CONTENT: ~//~~ ~- ST EN D MS, CITY MANAGER APPROVED AS TO FORM: TI THY J. EL, CITY ATTORNEY EXHIBIT "A" PROPOSED AMENDMENTS TO THE DESIGN GUIDELINES AND STANDARDS FOR THE HISTORIC CHARACTER OVERLAY DISTRICT D 2.4 - Revise Pg. 17 "Architectural Styles" as follows This section illustrates various architectural styles found within the Village Historic Design overlay District. -These styles npresent much of the existing architecture in the Village and shall be used a guide for future development and renovations in the area. For the Spanish Eclectic Stvle. "A" for additional examples): construction of new Spanish Eclectic homes is allowed in the HCO residential districts subiect to conditional use permit approval. - Revise pg. 18 "Spanish Eclectic" and insert the same language: Spanish Eclectic Page. 18 -For the Spanish Eclectic Stvle. use this approval. The Spanish Eclectic style uses decorative details borrowed from all aspects of Spanish Architecture. The roof is low pitched usually with little or no eave overhang, or flat. The roof covering is S-shaped or 2- piece unglazed clay tile. Typically one or more prominent arches are placed above the door or principal windows. Windows are typically recessed. The wall surface is usually smooth plaster, and the fapade is normal asymmetrical. - Revise pg. 23 "Building Design" as follows: The use of architectural styles in the years from 1870 through the 1930's is strongly encouraged (See Architectural Styles and Appendix "A" for exam les .The Spanish Eclectic Stvle is allowed for residential remodels to existing Spanish Eclectic homes or mixed use/commercial construction: construction of new Spanish Eclectic homes is allowed in the HCO residential districts subiect to conditional use aermit approval. APPENDIX A SPANISH ECLECTIC DESIGN Good Examples of existing Spanish Eclectic design in the Historic Character nde Village Examples of modernized Spanish Eclectic~Mediterranean design from outside the City that are NOT good examples of design that is consistent with the Historic Character Overlay District in the Arroyo Grande Village 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. 608 which was introduced at a regular meeting of the City Council on January 27, 2009; was passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 10tH day of February, 2009; 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 11tH day of February 2009. KELLY ET RE, CITY CLERK