O 626 ORDINANCE NO. 626
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE APPROVING DEVELOPMENT CODE AMENDMENT 10 -003 TO
AMEND THE ZONING MAP, DESIGNATING TWO (2) PROPERTIES
LOCATED AT 188 & 194 NORTH ELM STREET AS GATEWAY MIXED -
USE (GMU) AND ONE (1) PROPERTY LOCATED AT 704 BRANCH MILL
ROAD AS RESIDENTIAL RURAL (RR)
WHEREAS, the General Plan Land Use Element Map designates the two (2) properties
located at 188 & 194 North Elm Street as Mixed -Use (MU); and
WHEREAS, the Land Use Element Map designates the one (1) property located at 704
Branch Mill Road as Low - Density Residential (LDR); and
WHEREAS, the General Plan requires a comprehensive review and necessary revisions to
the Development Code for consistency, in accordance with Government Code Section
65860; and
WHEREAS, the City has initiated Development Code Amendment 10 -003 to rezone the
two (2) properties located at 188 & 194 North Elm Street from Single - Family (SF) to
Gateway Mixed -Use (GMU) and the one (1) property at 704 Branch Mill Road from
Agriculture (AG) to Residential Rural (RR) in order to achieve consistency with the General
Plan Land Use Element Map; and
t"' 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 changes in zoning 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.
B. The proposed changes in zoning will not adversely affect the public health, safety,
and welfare or result in an illogical land use pattern.
C. The proposed changes in zoning are consistent with the purpose and intent of Title
16, satisfy the intent of chapters 16.32 and 16.36 the Municipal Code and provide
for internal consistency;
D. The proposed changes in zoning are within the scope of the Program EIR prepared
for the 2001 General Plan Update, and the potential environmental impacts are less
than significant.
ORDINANCE NO. 626
PAGE 2
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: Development Code Section 16.24.020 (Zoning Map) is hereby amended as
shown in Exhibit A attached hereto and incorporated herein by reference.
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 Exemption.
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 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 6: This Ordinance shall take effect on the later of thirty (30) days from the date of
adoption.
On motion of Council Member Fellows, seconded by Council Member Ray, and on the
following roll call vote to wit:
AYES: Council Members Fellows, Ray, Costello, Guthrie, and Mayor Ferrara
NOES: None
ABSENT: None.
the foregoing Ordinance was adopted this 9th day of November, 2010.
ORDINANCE NO. frZ(o
PAGE 3
TO F ,MAYOR
ATTEST:
L� dLn!
KELLY TM r E, CITY CLERK
APPROVED AS TO CONTENT:
STEV ' , CITY MANAGER
APPROVED AS TO FORM:
TIM THY J. RMEL, CITY ATTORNEY
EXHIBIT A
rit...■ wrai ale ni Sr*v'cv4bq
NM atillall a v
OS mg g ai m a frhEIm OlV Stree 11 2 Single- fami t: (SF) to ■ d -Use (GM
_A
E G ■ er
RAND AV �
cjr rITIP • tfrtc#, v
♦ ■ 4 0 4 , *Po
k •- -+ ' • 704 Branch Mill Road:
Q' • ' Rezone from Agriculture (AG) to
•
1, �+ • Residential Rural (RR)
X
I
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. 626 which was
introduced at a regular meeting of the City Council on October 26, 2010; was
passed and adopted at a regular meeting of the City Council of the City of Arroyo
Grande on the 9' day of November 2010; 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 10
day of November 2010.
KELLY Tj ORE, CITY CLERK