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O 535 ----- ORDINANCE NO. 535 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING THE ZONING MAP OF ARROYO GRANDE; DEVELOPMENT CODE AMENDMENT 02- 003, APPLIED FOR BY THE GORDON F. DIXSON TRUST WHEREAS, the City of Arroyo Grande Zoning Map indicates that the 3.42-acre parcel identified in the attached Exhibit "A", located at 871 East Cherry Avenue, is located in the General Agriculture (AG) zoning district; and WHEREAS, the applicant, Gordon F. Dixson Trust, has filed an application for Development Code Amendment 02-003 to amend the Zoning Map and designate the project parcel as Agricultural Preserve (AP); and WHEREAS, adoption of the proposed zoning designation would establish land use, development and design standards for the above described area; and WHEREAS, the Planning Commission of the City of Arroyo Grande has reviewed Development Code Amendment 02-003 at a duly noticed public hearing on October 15, 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 02-003 at a duly noticed public hearing on November 12, 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: A. The proposed zone change will satisfy Objective Ag3 of the Agriculture, Open Space & Conservation Element of the General Plan, which states "Current acreage of agricultural uses within Arroyo Grande's area of concern shall be maintained". B. The existing zone and proposed zone are both agricultural in nature, and will not adversely affect the public health, safety, and welfare or result in an illogical land use pattern. C. The proposed change of zone satisfies Section 16.28.020(B) of the Development Code, which states, "The primary purpose of the AP district is to provide for and protect lands for which Williamson Act contracts have been or should be signed.. ORDINANCE NO. 535 PAGE 2 D. The proposed change of zone will preserve the property as agricultural land, and will have no potential environmental impacts. NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Arroyo Grande, Califomia hereby adopts Development Code Amendment 02-003 amending a i portion of the Zoning Map as follows: i SECTION l' The above recitals and findings are true and correct. SECTION 2' Development Code Section 16.24.020 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 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. SFCTION 6: This Ordinance shall take effect thirty (30) days after its adoption. ORDINANCE NO. 535 PAGE 3 On motion of Council Member Runels, seconded by Council Member Lubin, and on the following roll call vote, to wit: AYES: Council Members Runels, Lubin, Ferrara and Mayor Lady NOES: None ABSENT: Council Member Dickens the foregoing Resolution was passed and adopted this 26th day of November, 2002. ----- ORDINANCE NO. 535 PAGE 4 MICHAEL=:2fK ATTEST: ORE, DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK APPROVED AS TO CONTENT: ~~~ANAGER APPROVED AS TO FORM: - - ---,,---- ------ 0 ~ !. 0 "% ~ ('I) ~ / () ~ ~ / / g. - OJ a~ / ('I) ~ g~ /\ / ~ );<, ~o .. CWt .. // "'-", ~ ~~~ / " ('I) ~ .. -""O~ 0- o~~ 3 -(I)(i) ('I) ~l1\tn a~"", ~ ~t1\O 0 tv / b 0 / V) / / , / / %", / / , / C>~" / // ~~~'" / / / / /~ ", / / / / / / '" / / / / / / / / / / / / /, / / / / " " " " / / "" OFFICIAL CERTIFICATION I, KELLY WETMORE, Director of Administrative Services/Deputy 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. 535 which was introduced at a regular meeting of the City Council on November 12, 2002; and was passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 26th day of November, 2002. I further certify that said Ordinance No. 535 was duly published in accordance with the law and order of said City Council in The Times Press Recorder, a newspaper printed and published in said City, on November 20, 2002 and December 4, 2002. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 27th day of November, 2002 (~ ORE, DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK -_.-._--_.~--- -