O 553
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ORDINANCE NO. 553
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE AMENDING ORDINANCE NO. 355
C.S. "ROYAL OAKS ESTATES" TO INCREASE THE
MAXIMUM ALLOWED DENSITY WITHIN THE PLANNED
DEVELOPMENT, AND AMENDING THE ZONING MAP TO
DESIGNATE THE SUBJECT PROPERTY AS
RESIDENTIAL RURAL (RR) WITH A PLANNED
DEVELOPMENT OVERLAY; DEVELOPMENT CODe
AMENDMENT 02.Q01, APPLIED FOR BY DON McHANEY,
FOR PROPERTY LOCATED ON GRACE LANE (LOT 182
AND PORTION OF LOT B OF TRACT 1390)
WHEREAS, the City of Arroyo Grande Zoning M~p indicates that the subject 29.46-acre
property is located within the Royal Oaks Planned Development (PD 1.3) and designated
as "Estate Homes" in Ordinance No. 355 C.S., an Appendix to the Development Code;
and
WHEREAS, the applicant, Don McHaney, has filed an application for Development Code
Amendment 02-001 to amend Ordinance No. 355 C.S., changing the zoning designation
for the subject property to Residential Rural with a Planned Development overtay (RR-
PD) allowing one dwelling unit per acre; and
WHEREAS, adoption of the proposed zoning designation would establish land use,
development and design standards for the subject property; and
WHEREAS, the Planning Commission of the City of Arroyo Grande has reviewed
Development Code Amendment 02-001 at a duly noticed public hearing on October 7,
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 02-001 at duly noticed public hearings on October 28, 2003 and
January 13, 2004, 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, a~d 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 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.
ORDINANCE NO. 553
PAGE 2
S. The proposed Development Code Amendment will not adversely affect the public
health, safety, and welfare or result in an illogical land use pattern. The proposed
Low Density development is consistent with the surrounding development within
the Royal Oaks and Rancho Grande Planned Developments and will not impact
public services beyond what the General Plan anticipates for this area.
C. The proposed Development Code Amendment is consistent with the purpose and
intent of the Development Code. Low density residential development within the
project area would be required to meet development and design standards under
the RR zoning designation that insures orderly development.
D. The potential environmental impacts of the proposed Development Code
Amendment were considered as part of the 2001 General Plan Program EIR, and
are less than significant.
NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Arroyo
Grande, California hereby adopts Development Code Amendment 02-001 amending
Ordinance No. 355 C.S. and a portion of the Zoning Map as follows:
SECTION 1: The above recitals and findings are true and correct.
SECTION 2. Sections 2(3), 2(5), 5(8), and Exhibit "A" map of Ordinance No. 355 C.S. are
hereby amended as shown in Exhibit "A" attached hereto and incorporated herein by
reference. .
SECTION 3: Development Code Section 16.24.020 is hereby amended as shown in
Exhibit "s" 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 s. Upon adoption of this Ordinance, the Director of Administrative Services
shall file a Notice of Determination.
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
ORDINANCE NO. 553
PAGE 3
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 Lubin, seconded by Council Member Dickens, and by the
following roll call vote to wit:
AYES: Council Members lubin, Dickens, Runels, Costello and Mayor Ferrara
NOES: None
ABSENT: None
the foregoing Ordinance was adopted this 13th day of January 2004.
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ORDINANCE NO. 553
PAGE 4
TONY FER
ATTEST:
~~~O _ .
KELLY W M E, DIRECTOR OF ADMINISTRATIVE SERVICESI
DEPUTY CITY CLERK
APPROVED AS TO CONTENT:
~~ITYMANAGER
APPROVED AS TO FORM:
TIORNEY
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EXHIBIT A TO ORDINANCE 553
AMENDMENTS TO ROYAL OAKS PLANNED DEVELOPMENT (PD 1.3)
1. Section 2, entitled "Development Provisions," Subsection 3, is hereby
amended to read as follows:
. This Planned Development amendment approves a maximum allowed
density of 249 dwelling units. Any change or amendment of the uses
authorized herein shall constitute a rezoning and shall require an amendment
of this ordinance. The final tract map shall contain the following restrictions:
Approved Residential Density
lots Dwelling Units
Drainage and Park A 0
Patio Homes 11-100 & 157 100
Single Family Homes 1-11,110-156, 131
158-181,
183 & 185-233
Estate Homes B & 184 2
Custom Homes 182 15
Agriculture C 1
235 249
2. Section 2, entitled "Development Provisions," Subsection 5, is hereby
amended to read as follows:
, Land uses shall be consistent with the approved development plan and the
standards of RR, single-family residential districts for alllots,~xcept 11-109,
157, 182 and Lot B and Lots A, Band C. Lots 11-109 and 157 shall be
allowed site and lot width, coverage and yard variations pursuant to Section
16.32.050 of the Municipal Code. Lot A shall be a drainage and park-
recreation site. Lot C is intended as an individual single-family estate lot,
restricted to one single-family dwelling and residential. related, accessory or
agricultural uses allowed in the R-A zone. Residential Agricultural (R-A) uses
permitted are:
A. Single-family dwellings, one per building site;
B. Light farming, except commercial dairies, commercial rabbit, fox, goat, or
hog farms, or commercial chicken or poultry ranches;
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C. Livestock limited to two (2) animals only when combined with a B.3
District. A like number of animals may be permitted for additional
acreage. Pens or fencing used for the housing of such animals shall be
located not less than 150 feet from the boundary of the Residential
Agricultural (F-A) District;
D. Crop and tree farming;
E. One noncommercial guest house; except where there is an existing
second residential dwelling unit;
F. Mobile homes subject to the provisions of Municipal Code Section
16.48.100.
3. Section 2, entitled "Development Provisions,". Subsection 8 is hereby
amended to read as follows:
8. The planned development shall be constructed in two phases.
Phase I. The initial and first phase of planned development shall be
called Phase I. Phase I development shall permit the concurrent
development of all public and private improvements identified on-site and
within the area defined as Phase I upon the approved tentative tract map,
plus all off-site improvements, excepting "E" Street. Phase I
improvements. shall include the construction of all patio and other homes
contained within the Phase I tentative tract map area, but shall exclude
construction of building upon Lots B, C, 182 and 184. Grading, drainage
and non-building improvements may take place upon Lots B, C, 182 and
184 according to approved City plans during Phase I.
No building permits shall be issued for Phase I development until after City
acceptance of all water system improvements and until the developer
provides the City Council with a construction schedule which Council, in its
sole judgment, determines shall provide for the total completion and City
. acceptance of any on and off-site improvements required in Phase I.
Prior to commencing Phase I development, the developer shall provide
the Public Works Director with a five-year construction bond guarantee
sufficient to cover off-site "E" Street public improvement$ to be
constructed in Phase II.
. Developer is permitted to grade in the Phase II area during Phase I
according to the grading plan approved by the Public Works Director and
only for purposes of transporting excess fill from the Phase Ii area to the
Phase I area.
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Phase II. The second and final phase of the planned development shall be
completed after Phase I. Phase II development shall permit the concurrent
development of all public and private improvements identified on-site and within the
area defined as Phase ii upon the 'approved tentative map, plus off-site -E- Street.
Phase II improvements shall include the construction of all homes contained within
the Phase II tentative tract map area.
No building permits shall be issued for Phase II development until the developer
provides the City Council with a construction schedule which Council, in its sole
judgment, determines shall provide for the total completiol) and City acceptance of
all on-and off-site public improvements prior to, or concurrent with, the completion of
any residential housing proposed upon said schedule. In no event shall the City
issue occupancy permits for residential buildings prior to City acceptance of all
public on- and off-site improvements required in Phase II.
4. Exhibit "An (map) of Ordinance 355 C.S. is hereby amended to read as
follows:
Notes:
ZONING
1. Lot A zoned PO Drainage and Park
2. Lot C zoned PO Agriculture
3. Lots 1-10,110-156,158-181,183 and 185-233 zoned PO Single Family
Homes
4. Lots 11-109 and 157 zoned PO Patio Homes'
5. Lots 182 and B zoned PO Single Fam!ly Homes and Conservation Open
Space. Lots 182 and B to be developed as a cluster subdivision in order
to retain slopes, drainage, vegetation, and to provide opportunities for
. open space and recreational facilities.
6. Lot 184 zoned PO Single Family Estate Homes and may include an
institutional use
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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 ~f pe~ury. that the attached is a true. full, and
correct copy of Ordinance No. 553 which was introduced at a regular meeting of
the City Council on January 13. 2004; was passed and adopted at a regular
meeting of the City Council of the City of Arroyo Grande on the 27th day of
January. 2004; 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 28th
day of January. 2004.
MO E, DIRECTOR OF ADMINISTRATIVE SERVICESI
DEPUTY CITY CLERK
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