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ORDINANCE NO. 499 C.S.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE AMENDING THE ZONING MAP
OF ARROYO GRANDE; DEVELOPMENT CODE
AMENDMENT 97-007 (APPLICANT: CHARLES BAKER)
WHEREAS, the City of Arroyo Grande Zoning Map indicates that the area generally
located south of Grand Avenue, north of Ash Street, east of Oak Park Blvd., and west of
.Spruce Street requires adoption of a specific plan prior to development; and
WHEREAS, the City of Arroyo Grande Zoning Map indicates that the area generally
located south of Grand Avenue, north of Ash Street, east of Oak Park Blvd., and west of
Spruce Street has three (3) Zoning designations as follows: Rural Residential (RR), Single
Family Residential (SF), and General Commercial (GC); and
WHEREAS, the applicant, Charles Baker, has filed Development Code Amendment 97-002
to amend the Zoning Map and adopt the Berry Gardens Specific Plan for the area
described above; and
WHEREAS, adoption of the Berry Gardens Specific Plan 'NOuld establish land use,
development and design standards for the above described area; and
WHEREAS, on August 25, 1998 the City Council certified an Environmental Impact Report
prepared for the Berry Gardens Specific Plan; and
WHEREAS, the Planning Commission of the City of Arroyo Grande has reviewed
Development Code Amendment 97-007 at a duly noticed public hearing on August 4, 1998
in accordance with the Development Code of the City of Arroyo Grande at which time all
interested persons were given the opportunity to be heard; and
WHEREAS, the City Council of the City of Arroyo Grande has considered Development
Code Amendment 97-007 at duly noticed public hearings on August 25, and September 8,
1998 in accordance with the Development Code of the City of Arroyo Grande at which time
all interested persons were given the opportunity to be heard; and
WHEREAS, the City Council has reviewed and considered the information and public
testimony presented at the public hearings, staff reports, and all other information and
documents that are part of the public record; and
WHEREAS, the City Council finds, after due study, deliberation and public hearing, the
following circumstances exist:
Ordinance No. 499 C.S.
Development Code Amendment 97-007
Page 2 of 4
1. Based on the information contained in the staff report and accompanying materials,
the proposed Development Code Amendment amending the Zoning Map is
consistent with the goals, objectives, policies, and programs of the General Plan and
is necessary and desirable to implement the provisions of the General Plan.
2. The proposed Development Code Amendment amending the Zoning Map will not
adversely affect the public health, safety, and \Nelfare or result in an illogical land
use pattern. The street improvements, installation of public utilities, sewage lift
station, and drainage basin proposed as part of the Specific Plan would mitigate any
potential adverse impacts to the public, health, safety, and welfare. The density of
4.8 dwelling units per gross acre and the land use pattern proposed for the Berry
Gardens Specific Plan are consistent and compatible with surrounding residential
development.
3. The proposed Development Code Amendment amending the Zoning Map is
consistent with the purpose and intent of the Development Code. Development
within the Berry Gardens Specific Plan would be required to meet development and
design standards that insure orderly development and a unique and aesthetically
pleasing design.
4. The potential environmental impacts of the proposed Development Code
Amendment are insignificant or can be mitigated to a less than significant level as
identified in the Berry Gardens Specific Plan Environmental Impact Report.
NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Arroyo Grande,
California hereby approves Development Code Amendment 97-007 amending a portion of
the Zoning Map as follo'WS:
Section 1: Development Code Section 9-01.080 (B) also knO'v'Vl1 as the "Zoning Map of the
City of Arroyo Grande" is hereby amended as shown in Exhibit "~ attached hereto and
incorporated herein by reference.
Section 2: If any section, subsection, subdivision, paragraph, sentence, or clause of this
Ordinance or any part thereof is for any reason held to be unconstitutional, 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 anyone or
more section, subsection, subdivision, paragraph, sentence, or clause be declared
unconstitutional.
Ordinance No. 499 C.S.
Development Code Amendment 97-007
Page 3 of 4
Section 3: Upon adoption of this Ordinance, the City Clerk shall file a Notice of
Determination.
Section 4: Within fifteen (15) days after passage of this Ordinance, it shall be published
once, together with the names of the Council members voting thereon, in a newspaper of
general circulation within the City.
Section 5: This Ordinance shall take effect thirty (30) days after its adoption.
On motion by Council Member Runels, seconded by Council Member Fuller, and by the
following roll call vote, to wit:
A YES: Council Members Runels, Fuller, and Mayor Dougall
NOES: Council Member Tolley and Mayor Pro Tem lady
ABSENT: None
the foregoing Ordinance was adopted this 2200 day of September 1998.
ATTEST:
APPROVED AS TO FORM:
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Ordinance No. 499 C.S.
Development Code Amendment 97-007
-Page 4 of 4
APPROVED AS TO CONTENT:
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ROBERT L. HUNT, CITY MANAGER
I, NANCY A. DAVIS, City Clerk of the City of Arroyo Grande, County of San Luis Obispo,
State of California, do hereby certify that the following Ordinance No. 499 C.S. is a true, full
and correct copy of said Ordinance passed and adopted at a regular meeting of said
Council on this 22nd day of September 1998.
WITNESS my hand and the seal of the City of Arroyo Grande affixed this 30th day of
September 1998.
77 r2- ~
NANC~S, CITY CLERK
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North EXHIBIT
DEVELOPMENT CODE AMENDMENT 97-007 ...... A