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R 4218 RESOLUTION NO. 4218 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING A MITIGATED NEGATIVE DECLARATION, INSTRUCTING THE CITY CLERK TO FILE A NOTICE OF DETERMINATION, AND APPROVING CHANGES TO THE LAND USE DESIGNATION FOR FOUR PROPERTIES WITHIN AND ADJOINING THE CITY (GENERAL PLAN AMENDMENT CASE NO. 09-001) WHEREAS, the City Council of Arroyo Grande adopted the updated General Plan which became effective on October 9, 2001 and which includes the Housing Element adopted in 2003 and updated on March 8, 2005; and WHEREAS, the City has a responsibility to assure adherence to the General Plan in meeting the needs and desires of the residents and the community and there are underutilized lands under City and private ownership that if re- designated and re -zoned could result in infill housing opportunities and still maintain adequate land for Public Facilities; and WHEREAS, on March 3, 2009, the City Planning Commission initiated Pre -zone, Annexation, Sphere of Influence amendment, General Plan Amendment and Development Code Amendment 09 -001; and WHEREAS, the Planning Commission conducted public hearings on GPANDCA Case No. 09 -001, including revisions on April 7 and continued to May 5, July 7, July 21, August 18 and September 1, 2009; and WHEREAS, on May 26, 2009 the City Council approved a Memorandum of Understanding with the County of San Luis Obispo to acquire property for a new Police Station and to sell property to generate funding for the Recreation Center project contingent upon consideration of the subject General Plan and Development Code amendments and associated tentative maps; and WHEREAS, on July 7, 2009 the Planning Commission determined that there are additional clean up amendments necessary for additional flexibility to allow retail and recreation uses in the Regional Commercial District, including drive through restaurants; and WHEREAS, the Community Development Department has conducted CEQA initial studies and concluded that environmental impacts associated with the project will be mitigated to Tess than significant as outlined in a draft Mitigated Negative Declaration recirculated on July 1, 2009 and WHEREAS, the City Council, after public hearing, consideration of the draft Mitigated Negative Declaration, all testimony and evidence presented, finds the Mitigated RESOLUTION NO. 4218 PAGE 2 Negative Declaration appropriate and adequate pursuant to State and local CEQA laws and guidelines, including requirements of SB 18; and WHEREAS, the City Council, after public hearing, consideration of the staff report, all testimony and evidence presented finds the proposed land use map changes as shown on Exhibits "A" and "B 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 excepting therefrom changes proposed for Subareas 1 and 2 in the Pearwood vicinity and the Hillcrest Reservoir No. 2 vicinity; and WHEREAS, after consideration of all testimony and all relevant evidence, the City Council has determined that the following General Plan Amendments findings can be made in an affirmative manner: 1. The proposed amendments of GPA Case No. 09 -001 to the 2001 General Plan land use element designation provides consistency with the goals, objectives, policies and programs of the General Plan and is specifically consistent with the 2005 Housing Element Housing Opportunity Site Inventory; and 2. The proposed GPA will not adversely affect the public health, safety, and welfare, and 3. The proposed GPA has been reviewed in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Arroyo Grande Rules and Procedures for Implementation of CEQA and the Planning Commission has determined that the proposed project is described and included in a draft Initial Study and Mitigated Negative Declaration dated and recirculated July 1, 2009; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande that amendments to the General Plan Land Use Map and amendments to General Plan Land Use Element policy in LU7-4 as shown in Exhibits "A" and "B" are hereby approved, with no action or change to Subareas 1 and 2 in the Pearwood vicinity and the Hillcrest Reservoir No. 2 vicinity. On motion by Council Member Guthrie, seconded by Council Member Arnold, and by the following roll call vote, to wit: AYES: Council Members Guthrie, Arnold, Fellows, and Mayor Ferrara NOES: None ABSENT: Council Member Costello the foregoing Resolution was adopted this 22 day of September 2009. RESOLUTION NO. 4218 PAGE 3 TONY FER MAYOR ATTEST tQ#J SGT KELLY ETI7ORE, CITY CLERK APPROVED AS TO CONTENT: S V ADAM MANAGER APPROVED A TO FORM: TIM HY J. C‘C, CITY ATTORNEY GENERAL PLAN AMENDMENT 09 -001 RESOLUTION EXHIBIT "A" General Plan Land Use Element Regional Commercial and Business Park LU7 Regional Commercial and Business Park uses shall be located along the freeway corridor. LU7 -4 Freestanding sit -down restaurants serving the traveling public, and automobile sales of a regional nature such as dealerships, may also be included as conditional uses in the RC or BP areas. Freestanding or drive through fast -food restaurants are allowed in the RC or BP areas subject to consideration of potential air quality and aesthetic impacts. Conference facilities are a priority and are encouraged in conjunction with overnight commercial lodging facilities. GENERAL PLAN AMENDMENT 09 -001 RESOLUTION EXHIBIT "B" AMENDMENTS TO THE GENERAL PLAN LAND USE MAP: 1) South Halcyon Subarea Removal of three mobile home parks from City's Sphere of Influence 2) West Branch Subarea Change from Community Facility /Public Facility to Single Family Residential Medium Density 3) West Branch Subarea Change from Community Facility /Schools to Community Facility /Public Facility for Rodeo Drive "Police Station site Community Facility /Public Facility to Conservation /Open Space for Creek area; Community Facility /Public Facility to Multi- family residential Medium-High Density 4) South Court land Subarea Change from Mixed Use to Community Facility /Public Facility 5) City Hall Facility /E. Branch Subarea Change from Mixed -Use Village Core to Change from Community Facility /Public Facility for 111 S. Mason Street property and change from Community Facility /Public Facility to Mixed -Use Village Core for 200 and 204 E. Branch Street properties. General Plan Map Updates EXHIBIT THIS SPACE THIS SPACE INTENTIONALLY INTENTIONALLY LEFT BLANK LEFT BLANK }e �1 q lV s� !3G,J �(C", a r Ii k„, l AI Subarea 3: remove from f l� 4 -T,e r- Sphere of Influence 1 �CF I 7,-,.',., 'e''''' f r) �-'1!.'! LiSII 1l'+If ,.a l'- 4+ x J:�.. 1 it ji t. am ri tett i f L f ,1.9.11141'` Vic I a L e Subareas 4 5: Community Facility a 4t a'� CF) to Medium High Density (MHD) t t T .3 a a Ise Zia t and Community Facility (CF) to Medium 7 a., Density (MD) I e F --r t Subarea 6: from Mixed- 3 Subarea 7: from Village Core (VC) to Community A Use (MU) to Community 11 a A Facility (CF) and from Community Facility (CF) to 4 R Village Core (VC) p i- i k i. ...:4424,14‘, e t_ yam 1111. Agna'Ihire Q Community Fealities O SFR Lax Density Q SFR Medum Density 1111. MFR High Den4y s Mixed -Use Olnce Professional ns Mil Conservation Open Space 1 SFR Very Law Dety Q 6 Dourly I I SFR Low -Meum De 1 MFR Metium-High Density MFR Very High DeneM I i Hllage Coro in Rpimal Commerc el Current Land Use Designation (if any) Shown in Italics, Proposed Land Use Designation Shown in Color 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 Resolution No. 4218 is a true, full, and correct copy of said Resolution passed and adopted at a Regular meeting of the City Council /Redevelopment Agency of the City of Arroyo Grande on the 22 day of September 2009. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 25 day of September 2009. KELLY E/ ORE, CITY CLERK