R 4224 RESOLUTION NO. 4224
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE APPROVING CHANGES TO THE LAND USE DESIGNATION
FOR THE PURPOSES OF ANNEXATION FOR CITY OWNED
PROPERTY IN THE VICINITY OF PEARWOOD AVENUE ADJOINING
THE CITY (GENERAL PLAN AMENDMENT CASE NO. 09-001 B)
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 zoning,
Annexation, Sphere of Influence amendment, General Plan Amendment and
Development Code Amendment 09 -001; and
WHEREAS, the Planning Commission conducted public hearings on GPA/DCA Case
No. 09 -001, including revisions to the proposal on April 7 and continued to May 5, July
7, July 21, August 18 and September 1, 2009 and recommended approval of the
proposed amendment; and
WHEREAS, the Community Development Department has conducted CEQA initial
studies and concluded that environmental impacts associated with the project will be
mitigated to less than significant as outlined in a draft Mitigated Negative Declaration
recirculated on July 1, 2009 and adopted by Resolution No. 4128 on September 22,
2009; and
WHEREAS, the City Council, after public hearing, consideration of the draft Mitigated
Negative Declaration, all testimony and evidence presented, finds the Mitigated
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 hearings on September 22, 2009 and October
13, 2009, consideration of the staff report, all testimony and evidence presented finds
the proposed land use map changes as shown on Exhibits "A" 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
RESOLUTION NO. 4224
PAGE 2
WHEREAS, after consideration of all testimony and all relevant evidence, the City
Council has determined that the following findings for annexation can be made in an
affirmative manner:
1. The proposed annexation will not impact the amount of water resources
available elsewhere within the City;
2. Clear compatibility exists with the community's basic identity as a rural, small
town community; the goals and desires of the people and the City of Arroyo
Grande as a whole; and with the community's existing available resources;
3. The proposed General Plan Amendment is consistent with goals and objectives
of the General Plan, particularly in regard to protection of agricultural and open
space lands, and will not result in any internal inconsistencies within the General
Plan;
4. Significant benefits will be derived by the City upon annexation;
5. Adequate infrastructure and services have been or can be economically provided
in accordance with the current City standards;
6. The proposed annexation will generate sufficient revenues to adequately pay for
the provision of City services to the project site area designated for residential
development.
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, or 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 City Council
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
adopted on September 22, 2009.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo
Grande that amendments to the General Plan Land Use Map as shown in Exhibit "A"
are hereby approved.
RESOLUTION NO. 4224
PAGE 3
On motion by Council Member Fellows, seconded by Council Member Arnold, and by the
following roll call vote, to wit:
AYES: Council Members Fellows, Arnold, Guthrie, Costello, and Mayor Ferrara
NOES: None
ABSENT: None
the foregoing Resolution was adopted this 13 day of October 2009.
RESOLUTION NO. L(ZDf
PAGE 4
TONY FER MAYOR
ATTEST:
KELLY TMO 1 10/1
CITY CLERK
APPROVED AS TO CONTENT:
S V ADAMS, CITY MANAGER
APPROVED A TO FORM:
TIM THY J.� L, CITY ATTORNEY
Exhibit A
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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. 4224 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 13 day of October 2009.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 14 day of
October 2009.
or. It va;a-a te--
KELLY WETJ11ORE, CITY CLERK