Agenda Packet 2002-03-20
CITY COUNCIL City of
AGENDA jIrroyo qranae
Michael A. Lady Mayor
Thomas A. Runels Mayor Pro Tem Steven Adams City Manager
Jim Dickens Council Member Timothy J. Carmel City Attorney
Tony Ferrara Council Member Kelly Wetmore Directo<. Administrative Servioas
Sandy Lubin Council Member
ADJOURNED REGULAR CITY COUNCIL MEETING
AGENDA SUMMARY
WEDNESDAY, MARCH 20, 2002
6:45 P.M.
Arroyo Grande City Council Chambers
215 East Branch Street, Arroyo Grande
1. CALL TO ORDER
2. ROLL CALL
3. FLAG SALUTE
4. CITIZENS' INPUT, COMMENTS. AND SUGGESTIONS
Persons in the audience may discuss business not scheduled on this agenda regarding any
item of interest within the jurisdiction of the Council. The Council will listen to all
communication; however, in compliance with the Brown Act, will not take any action on items
that are not on the agenda.
5. MOVE THAT ORDINANCES PRESENTED TONIGHT BE READ IN TITLE ONLY AND ALL
FURTHER READINGS BE WAIVED.
6. ADOPTION OF ORDINANCE AMENDING THE ZONING MAP OF ARROYO GRANDE FROM
GENERAL COMMERCIAL (GC) TO SENIOR HOUSING (SR) AND SECTION 16.32.020 OF
THE DEVELOPMENT CODE TO ALLOW AN INCREASE IN DENSITY: DEVELOPMENT
CODE AMENDMENT CASE NO. 01-004: COURTLAND STREET AND E. GRAND AVENUE;
APPLICANT. LARRY PERSONS (STRONG)
Recommended Action: Adopt Ordinance amending the Zoning Map from GC to SR for a 3.23-
acre portion of a 5.01-acre site and amending Municipal Code Section 16.32.030 to allow a
density of up to 34 dwelling units per acre.
7. ADJOURNMENT to the Special City Council Meeting of Wednesday, March 20, 2002 at 7:00
p.m. in the Council Chambers, 215 East Branch Street.
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MEMORANDUM
TO: CITY COUNCIL
FROM: ROB STRONG, COMMUNITY DEVELOPMENT DIRECTO~
SUBJECT: ADOPTION OF ORDINANCE AMENDING ZONING MAP OF ARROYO
GRANDE FROM GENERAL COMMERCIAL (GC) TO SENIOR HOUSING
(SR) AND SECTION 16.32.020 OF THE DEVELOPMENT CODE TO
ALLOW AN INCREASE IN DENSITY; DEVELOPMENT CODE
AMENDMENT CASE NO. 01-004; COURTLAND STREET AND E.
GRAND A VENUE; APPLICANT - LARRY PERSONS
DATE: MARCH 20, 2002
RECOMMENDATION:
It is recommended the City Council adopt Ordinance No. 531, amending the zoning
map and Section 16.32.020 of the Development Code related to Applications filed by
Larry Persons for the East Grand Avenue and Courtland Street Mixed-Use Project
including an affordable senior housing project.
FUNDING:
No fiscal impact.
DISCUSSION:
On March 12, 2002 the City Council introduced an Ordinance to amend the zoning of
a 3.23-acre portion of the subject 5.0-acre property from General Commercial (GC) to
Senior Housing (SR) and to enable increased density of up to 34 units per acre under
specified conditions, as part of the Development Code amendment.
On February 19, 2002 the Planning Commission approved the following four related
applications which will become effective with this rezoning and Development Code
Amendment:
1. Conditional Use Permit No. 01-014, including Architectural and Site Plans
for both the General Commercial and affordable senior housing
developments.
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EAST GRAND A VENUE AND COURTLAND STREET MIXED USE PROJECT
MARCH 20, 2002
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2. Vesting Tentative Parcel Map No. 01-004, creating three (3) commercial
lots on Grand Avenue and the 3.23-acre SR parcel on the west side of
Courtland Street.
3. Variance No. 01-007 for:
a) Minor height exceptions for one portion of one of the three
commercial buildings;
b) A retaining wall height exception at the rear of the senior housing
development, and
c) A parking reduction of 40 off-street spaces for the 108 senior
housing units;
4. The Planning Commission also approved removal of an existing 24"
diameter oak tree subject to a mitigation measure requiring four (4) 48" box
specimen oak trees as part of the development landscape plan.
Another issue raised at the public hearings was possible elevator access to the five
two-story senior housing buildings' second floor units. While discussed by the
Planning Commission, elevators are not proposed nor do Commission conditions of
approval for the Conditional Use Permit require such access.
The applicant intends to file for Tax Credit financial assistance and must provide
evidence of City approval of the project by 5:00 p.m. March 26, 2002. Therefore, I
any delay may preclude them from submitting their application. I
AL TERNA TIVES: I
- Adopt the Ordinance as introduced March 12, 2002 subject to Council
direction regarding Conditional Use Permit conditions;
- Modify the ordinance and reintroduce, which may preclude the tax credit
application for the project;
- Do not adopt the ordinance and deny the project; or
- Provide other direction to staff.
Attachment:
1. Ordinance No. 531
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ORDINANCE NO. -
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE AMENDING THE ZONING MAP
OF ARROYO GRANDE AND SECTION 16.32.020 OF THE
DEVELOPMENT CODE; DEVELOPMENT CODE
AMENDMENT 01-004, APPLIED FOR BY LARRY
PERSONS
WHEREAS, the City of Arroyo Grande Zoning Map indicates that the 5-acre parcel
identified in the attached Exhibit "An, located on the northwest comer of East Grand
Avenue and Courtland Street, is located in the General Commercial (GC) zoning district;
and
WHEREAS, the applicant, Larry Persons, has filed Development Code Amendment 01-
004 to amend the Zoning Map and designate the back 3.23 acres of the project area as
Senior Housing (SR), and to amend Development Code Section 16.32.020 to allow a
density bonus of up to 34 dwelling units per gross acre in the SR zoning district when
100% of the units are reserved for low and moderate income residents; and
WHEREAS, adoption of the proposed zoning would establish land use, development and
design standards for the above described area; and
WHEREAS, the City Council certified the Program Environmental Impact Report for the
General Plan Update on October 9, 2001 which included a land use change for the
subject property from General Commercial (GC) to Mixed Use (MU); and
WHEREAS, the Planning Commission of the City of Arroyo Grande has reviewed
Development Code Amendment 01-004 at a duly noticed public hearing on February 19,
2002, 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 01-004 at a duly noticed public hearing on 2002, 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: I
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ORDINANCE NO.
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Map and Section 16.32.020 of the Development Code 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.
B. The proposed Development Code Amendment amending the Zoning Map and
Section 16.32.020 of the Development Code will not adversely affect the public
health, safety, and welfare or result in an illogical land use pattem.
C. The proposed Development Code Amendment amending the Zoning Map and
Section 16.32.020 of the Development Code is consistent with the purpose and
intent of the Development Code. Residential development within the project area
would be required to meet development and design standards under the RS
zoning designation that insure orderiy development.
D. The potential environmental impacts of the proposed Development Code
Amendment are insignificant or can be mitigated to a less than significant level.
NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Arroyo
Grande, Califomia hereby adopts Development Code Amendment 01-004 amending a
portion of the Zoning Map and Section 16.32.020 of the Development Code as follows:
SECTION 1: Development Code Section 16.24.020 is hereby amended as shown in
Exhibit "An attached hereto and incorporated herein by reference. I
SECTION 2: Section 16.32.020 of the Development Code is hereby amended as follows:
I. Senior Housing (SR) District. The purpose of the SR district is to provide I
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suitable locations for the provision of housing designed exclusively for senior and I
handicapped citizens, including independent, congregate care, assisted living, and i
convalescent living arrangements. Developments within the SR district shall be age-
restricted to senior citizens (for non handicapped households) to the extent permitted by
state law. The maximum allowable density for independent living developments shaU be
eleven dwelling units per gross acre, unless between twenty-five (25) percent and one
hundred (100) percent of the total units are to be reserved for low and moderate income I
residents. If such a reservation is made, the density for independent living developments
may be increased to up to thirty-four dwelling units per gross acre. This density bonus is i
intended to implement state law and shaU not be considered in addition to that authorized
by state regulations. The maximum allowable density for congregate care, assisted living,
and convalescent living arrangements shall be thirty-four (34) dwelling units per gross
acre. I
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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,
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ORDINANCE NO.
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subdivision, paragraph, sentence, or clause thereof, irrespective of the fact that anyone
or more section, subsection, subdivision, paragraph, sentence, or clause be declared
unconstitutional.
SECTION 4: Upon adoption of this Ordinance, the Director of Administrative Services
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 Director of
Administrative Services/Deputy 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 Director of Administrative
Services/Deputy City Clerk shall post a certified copy of the full text of such adopted
Ordinance.
SECTION 6: This Ordinance shall take effect thirty (30) days after its adoption.
On motion by Council Member , seconded by Council i
Member , and by the following roll call vote to wit: i
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AYES: I
NOES: I
ABSENT: i
the foregoing Ordinance was adopted this _ day of 2002.
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ORDINANCE NO.
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MICHAEL A. LADY, MAYOR
ATTEST: I
KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICESI
DEPUTY CITY CLERK ,
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APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
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