Loading...
O 614 ORDINANCE NO. 614 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE PREZONING A 7.2 ACRE PROPERTY ADJOINING THE CITY IN THE VICINITY OF PEARWOOD AVENUE FOR THE PURPOSES OF ANNEXATION (DEVELOPMENT CODE AMENDMENT CASE NO. 09-001B) 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, County and private ownership that if re- designated and rezoned could result in infill, affordable and other 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 GPA/DCA 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, the Community Development Department has conducted CEQA initial studies and concluded that environmental impacts associated with the project will be mitigated to a less than significant level, as outlined in the Mitigated Negative Declaration dated and recirculated July 1, 2009 adopted on September 22, 2009 by Resolution No. 4128 (General Plan Amendment Case No. 09 -001; and WHEREAS, on September 15, 2009,the Planning Commission, after public hearings on April 7, July 7, July 21, August 18, and September 1, 2009, consideration of the staff report, all testimony and evidence presented finds the proposed zoning map changes as shown in Exhibit A to be appropriate and consistent with the intent of 2001 General Plan Update adopted policies, specifically those policies in the Housing Element and Land Use Element; and excepting therefrom changes proposed for Subarea 2, Hillcrest Reservoir 2 vicinity and recommended that the City Council approve DCA 09 -001; and WHEREAS, the City Council on September 22, 2009 and October 13, 2009 conducted public hearings on the GPA/DCA recommendations of the Planning Commission and after consideration of the staff reports, draft Initial Study and Mitigation Negative Declaration and finds after due study, deliberation and hearing the following circumstances exist and that the following Development Code Amendment findings can be made in an affirmative manner: ORDINANCE NO. 614 PAGE 2 A. The proposed zoning changes and revisions to Title 16 will satisfy Objective LU3 of the Land Use Element of the General Plan, which requires the City to LU11- 1.4 to "restrict new urban single family, multiple family and mobile home uses to infill areas adjacent to existing developments of similar density"; and other policies under objectives LU3; LU9 to "Provide for appropriate maintenance, development and placement of Community Facilities relative to existing and planned land uses Utilization of Conservation /Open Space designations consistent with LU10, to "Promote a pattern of land use that protects the integrity of existing land uses, area resources and infrastructure and involves logical jurisdictional boundaries with adjacent communities and the County" consistent with LU11; and are therefore desirable to implement the provisions of the General Plan. B. The proposed zoning changes and revisions to Title 16 provide adequate opportunities for needed Public Facilities and more opportunities for residential use, and will not adversely affect the public health, safety, and welfare or result in an illogical land use pattern and the proposed revisions to Title 16 will increase Single Family Residential opportunities for a broad range of housing types and densities consistent with Land Use Element and Housing Element policies, including LU3, LU4, LU11 -14, C. The proposed changes zoning and revisions to Title 16 satisfy and the proposed changes, although reducing land use designated for Public Facilities provides adequate area to provide for appropriate maintenance, development, and placement of Community Facilities relative to existing and planned land uses consistent with Land Use Element policy LU9, and will not adversely affect the public health safety and welfare or result in an illogical land use pattern. D. The proposed changes of zones and revisions to Title 16 are within the scope of the Program EIR prepared for the 2001 General Plan Update and a Mitigated Negative Declaration has been adopted in accordance with CEQA. E. The proposed changes of zones and revisions to Title 16 are necessary to maintain consistency with the General Plan as amended by proposals of GPA/DCA Case No. 09 -001. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Arroyo Grande as follows: Section 1: The above recitals and findings are true and correct. Section 2: The boundaries of the zoning districts established pursuant to Section 16.24.010 are hereby revised as outlined below and as more specifically set forth below and illustrated on the map labeled Exhibit 'A,' attached hereto and made a part hereof. Subarea 1, Pearwood Avenue /Huasna Road area: Prezone for annexation from County Residential Suburban to Residential Hillside, PH District and Public Facilities, PF as shown on Map Exhibit 'A'. ORDINANCE NO. 614 PAGE 3 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: 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 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 City Clerk shall post a certified copy of the full text of such adopted Ordinance. Section 5: This Ordinance shall take effect and be in full force and effect thirty (30) days after its passage. On motion by Council Member Arnold, seconded by Council Member Guthrie, and by the following roll call vote, to wit: AYES: Council Members Guthrie, Costello, Fellows, and Mayor Ferrara NOES: None ABSENT: Council Member Arnold the foregoing Ordinance was adopted this 27 day of October 2009. ORDINANCE NO. (ply PAGE 4 #.r. 41 2 TON R ,MAYOR ATTEST: KELLY WE MO; CITY CLERK APPROVED AS TO CONTENT: STEVE ADAMS, CITY MANAGER APPROVED A TO FORM: TI OTHY RMEL, CITY ATTORNEY EX �\�0 Count from 1 hange Rura Zone c ntia to ide public %.-et:-.7,,..*.,.-.„ -',-;..--..,„.„,i.s. ..,,,I,„ N y l'. ‘1. 4 -4:4'1 -4P' lit '1:)N/liC FaCi s i-. i 50. 1, 11.„. j r 4 •I'it•, V) 0 1•Zi31,,„ x i 4 4 :L''''''-'""..4',.4- 1 ),A ,„(7 1.,R,,,N, *A r: I 4 o i /4 -:,,,),,Ci 4. tX ..e 5- 1 1,,, 4\ 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. 614 which was introduced at a regular meeting of the City Council /Redevelopment Agency on October 13, 2009; was passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 27`" day of October 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 28 day of October 2009. cat- 41a.� KELLY ET is RE, CITY CLERK