O 531
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ORDINANCE NO. 531
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 "A", 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
when100% 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 March 12, 2002, in I
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:
A. Based on the information contained in the staff report and accompanying
materials, the proposed Development Code Amendment amending the Zoning
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ORDINANCE NO. 531
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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 orderly development.
D. The potential environmental impacts of the proposed Development Code I
Amendment are insignificant or can be mitigated to a less than significant level.
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NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Arroyo
Grande, California hereby adopts Development Code Amendment 01-004 amending a
portion ofthe 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 I
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Exhibit "A"attached hereto and incorporated herein by reference.
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
suitable locations for the provision of housing designed exclusively for senior and
handicapped citizens, including independent, congregate care, assisted living, and
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 shall 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
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
intended to implement state law and shall 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.
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SECTION 3: If any section, subsection, subdivision, paragraph, sentence, or clause of I
this Ordinance or any part thereof is for any reason held to be unlawful, such decision I
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, I
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ORDINANCE NO. 531
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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
ServiceslDeputy 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 Ferrara, seconded by Council Member Lubin, and by the
following roll call vote to wit:
AYES: Ferrara, Lubin, Dickens, Lady I
NOES: Runels
ABSENT: None
the foregoing Ordinance was adopted this 20th day of March, 2002.
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ORDINANCE NO.
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"
MICHAEL
ATTEST:
, fUL-
I DIRECTOR OF ADMINISTRATIVE SERVICESI
DEPUTY CITY CLERK
APPROVED AS TO CONTENT:
~1-~
E ADAMS;CITY MANAGER
APPROVED AS TO FORM:
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EXHIBIT A
Development Code Amendment: Proposed Rezone
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Grand Avenue & Courtland Street, Arroyo Grande
APN 077 ~071 ~024
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