O 628 ORDINANCE NO. 628
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE APPROVING DEVELOPMENT CODE AMENDMENT 10 -005 TO
AMEND SECTION 16.44.040 OF THE ARROYO GRANDE MUNICIPAL
CODE REGARDING ALLOWED USES IN THE PUBLIC /QUASI- PUBLIC
(PF) ZONING DISTRICT
WHEREAS, the City has determined that the public building located at 214 East Branch
Street is not currently needed for City business purposes; and
WHEREAS, the City wishes to preserve its existing inventory of Public/Quasi - Public (PF)
zoned properties; and
WHEREAS, the City has initiated Development Code Amendment 10 -005 to amend Arroyo
Grande Municipal Code Section 16.44.040 expanding allowed uses in the Public /Quasi-
Public (PF) zoning district; 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 change to Section 16.44.040 will preserve the City's existing
inventory of Public/Quasi- Public (PF) zoned properties, and is therefore desirable to
implement the provisions of the General Plan.
B. The proposed change to Section 16.44.040 will not adversely affect the public
health, safety, and welfare or result in an illogical land use pattern.
C. The proposed change to Section 16.44.040 is consistent with the purpose and
intent of Title 16, satisfies the intent of chapters 16.32 and 16.36 of the Municipal
Code and provides for internal consistency;
D. As disclosed in the Negative Declaration prepared for the project, the potential
environmental impacts of the proposed change to Section 16.44.040 are
insignificant.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Arroyo Grande as
follows:
ORDINANCE NO. 628
PAGE 2
SECTION 1: The above recitals and findings are true and correct and incorporated herein by
this reference.
SECTION 2: Municipal Code Table 16.44.040(A) is hereby amended as follows:
Legend
P Permitted
MUP Permitted Subject to Minor Use Permit
CUP Permitted Subject to Issuance of a Conditional Use Permit (see Section 16.16.050(B)
for additional information - use may be permitted without a Conditional Use Permit or
subject to Minor Use Permit based on criteria listed herein)
TUP Permitted Subject to Issuance of Temporary Use Permit
Use PF
A. Public/Quasi - Public Uses
1. Animal shelter CUP
2. Day nurseries and nursery schools CUP
3. Churches CUP
4. Clubs, lodges, fraternities and sororities CUP
5. Educational institutions (including public or private vocational schools) CUP
6. Fire and police stations CUP
7. Hospitals CUP
8. Post offices CUP
9. Public buildings and grounds not otherwise mentioned herein CUP
10. Public libraries and museums CUP
11. Public parks and recreation facilities (public or private) P
12. Public utilities and public service substations, reservoirs, pumping plants and CUP
similar installations not including public utility offices
13. Public utility services offices CUP
14. Recreational facilities such as zoos, country clubs, tennis and swim clubs, CUP
golf courses and private ranges, equestrian centers, with incidental limited
commercial uses that are commonly associated and /or directly related to the
primary recreational use
B. Recreational Uses
1. Convalescent homes, congregate care, assisted living facilities for senior CUP
citizens
2. Residential care facility CUP
3. Homeless shelters within religious or social organization buildings CUP
C. Commercial Uses (formula businesses as defined in Section 16.04.070 are
prohibited on properties in the D -2.4 Overlay)
Professional office and retail uses in leased public buildings with no expansion in MUP
facilities
Professional office and retail uses in leased public buildings requiring expansion CUP
of facilities
D. Accessory Uses
1. Accessory structures and uses located on the same site as a permitted use MUP
2. Accessory structures and uses located on the same site as a use requiring a MUP
conditional use permit
3. Accessory structures and uses located on the same site as a use requiring a CUP
conditional use permit
IPk46€3
E. Temporary Uses (6 months or less)
(Subject to the provisions of Section 16.16.100 and the issuance of a temporary TUP
use permit)
F. Other uses similar to, and no more objectionable than the uses identified CUP
above, as determined by the Planning Commission
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
Determination.
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 Brown, seconded by Council Member Costello, and on the
following roll call vote to wit:
AYES: Council Members Brown, Costello, Guthrie, Ray, Ferrara (Mayor)
NOES: None
ABSENT: None
the foregoing Ordinance was adopted this 14 day of December 2010.
ORDINANCE NO. 10 8
PAGE 4
TONY FE 1
ATTEST
KELLY W MO , CITY CLERK
APPROVED AS TO CONTENT:
STEVe A AMS, CITY MANAGER
APPROVED AS TO FORM:
TIM THY J. EL, CITY ATTORNEY
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. 628 which was
introduced at a regular meeting of the City Council /Redevelopment Agency on
November 23, 2010; was passed and adopted at a regular meeting of the City
Council /Redevelopment Agency of the City of Arroyo Grande on the 14th day of
December 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 16
day of December 2010.
KELLY WETM • - E, CITY CLERK
•