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O 549 ORDINANCE NO. 549 AN ORDINANCE OF THE CITY COUNCil OF THE CITY OF ARROYO GRANDE AMENDING THE ZONING MAP TO DESIGNATE THE SUBJECT PROPERTY AS CONDOMINIUMITOWNHOUSE (MF) WITH A PLANNED DEVELOPMENT OVERLAY; DEVELOPMENT CODE AMENDMENT 02-002 AND PLANNED DEVELOPMENT AMENDMENT 02-401, APPLIED FOR BY DON McHANEY, FOR PROPERTY lOCATED ON FARROll AVENUE WHEREAS, the 2001 General Plan Update Urban Land Use Element Map designates the 10.3-acre property located on the north side of Farroll Avenue and east of Dixson Street, Assessor's Parcel Number 077-251-005 (the "subject property") as Low Medium Density Residential (LM) within a Planned Development overlay; and WHEREAS, the City of Arroyo Grande Zoning Map designates the subject property as Residential Suburban (RS) with a Planned Development overlay; and WHEREAS, the applicant, Don McHaney, has filed an application for Development Code Amendment 02-002 and Planned Development Amendment 02-001 to amend the Zoning Map and designate the project parcel as CondominiumITownhouse (MF) with a PD 1.5 overlay (MF":PD 1.5); 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 02-002 and Planned Development 02-001 at duly noticed public hearings on September 2,2003, October 7,2003, and October 21,2003 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 02-002 and Planned Development Amendment 02-001 at a duly noticed public hearing on November 25, 2003, 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. 549 PAGE 2 A. Based on the information contained in the staff report and accompanying materials, the proposed Development Code Amendment amending the Zoning Map and Planned Development Amendment amending PD 1.5 are consistent with the goals, objectives, policies and programs of the General Plan is necessary and desirable to implement the provisions of the General Plan. B. The proposed Development Code Amendment amending the Zoning Map and Planned Development Amendment amending PD 1.5 will not adversely affect the public health, safety, and welfare or result in an illogical land use pattern. C. The proposed Development Code Amendment amending the Zoning Map and the Planned Development Amendment amending PD 1.5 are consistent with the purpose and intent of the Development Code. Medium High Density residential development within the project area would be required to meet development and design standards under the MF zoning designation that insure orderly development. D. The potential environmental impacts of the proposed Development Code Amendment amending the Zoning Map and Planned Development Amendment amending PD 1.5 are insignificant or can be mitigated to a less than significant level. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Arroyo Grande as follows: SECTION 1. The above recitals and findings are true and correct. SECTION 2. The subject property, specifically described as "Lot 17 of Pismo Beach Gardens, recorded in Book 3 Page 45 of maps lying within the City of Arroyo Grande, County of San luis Obispo, State of California" is hereby included within P-D-1.5, and shall be developed in accordance with the development plans and conditions of approval for Vesting Tentative Tract Map 2310 (Farroll Estates). SECTION 3. Development Code Section 16.24.020 (Zoning Map) is hereby amended as shown in Exhibit A attached hereto and incorporated herein by reference. SECTION 4. 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 5. Upon adoption of this Ordinance, the Director of Administrative Services shall file a Notice of Determination. .".,._~- ORDINANCE NO. 549 PAGE 3 SECTION 6. 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 7: This Ordinance shall take effect thirty (30) days after its adoption. On motion by Council Member Dickens, seconded by Council Member Runels, and by the following roll call vote to wit: AYES: Council Members Dickens, Runels, Lubin, Costello and Mayor Ferrara NOES: None ABSENT: None the foregoing Ordinance was adopted this 9th day of December Z003. , ."....,~""-".."'.,.,~......,-"'---- - - . ORDINANCE NO. 549 PAGE /1..Y-- RE, DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK APPROVED AS TO CONTENT: Sft~~S: C;TY MANAGER APPROVED AS TO FORM: . ..,..-"..-- ~ "'C .... ~ ~ EXHIBIT A 0 ~~ ~ ..... 8 ~ ~ ~ 8 i ~ g '" c: (t) :::0 8 ~ ~ ." (t) t - - - ---- ...-.-.- -~'-"- - - . 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 pe~ury, that the attached is a true, full, and correct copy of Ordinance No. 549 which was introduced at a regular meeting of the City Council on November 25, 2003; was passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 9th day of December 2003; 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 15th day of December, 2003. MchWJ~ E, DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK ---~"---