O 489 C.S.
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ORDINANCE NO. 489 c.s.
AN ORDINANCE OF THE CITY OF ARROYO GRANDE CITY
COUNCIL ADOPTING A NEGATIVE DECLARATION,
INSTRUCTING THE CITY CLERK TO RLE A NOTICE OF
DETERMINATION AND ADOPTING DEVELOPMENT CODe
AMENDMENT CASE NO. 97-006
WHEREAS, Section 65850 of the California Government Code permits all cities and
counties to adopt zoning ordinances; and
WHEREAS, on June 13, 1991, the City Council of the City of Arroyo Grande adopted
the Development Code; and
WHEREAS, the City of Arroyo Grande has determined that it is appropriate and
necessary to adopt an ordinance to implement the General Plan; and
WHEREAS, a noticed public hearing was held by the Planning Commission on July 15,
1997 and at the City Council on August 26, 1997 at which all interested persons
were given the opportunity to be heard; and
WHEREAS, the Planning Commission adopted a resolution on July 15, 1997
recommending that the City Council adopt an amendment to the Municipal Code Title
9 Chapter 12 entitled "Parking and Loading Requirements"; and
WHEREAS, the City Council has reviewed and considered the information and public
testimony presented at the public hearing and in the staff report; and
WHEREAS, the City .Council reviewed the potentia' environmental impacts of the
proposed Development Code Amendments in compliance with California
Environmental Quality Act (CEQA), the State CEQA Guidelines, and the City's Rules
and Procedures for Implementation of CEQA; and
WHEREAS, the City Council has reviewed and considered the information and public
testimony presented at the public hearing and in the proposed document and staff
report; and
WHEREAS, the City Council finds, after due study, deliberation, and public hearing
that the following circumstances exist:
1. The proposed amendment to Title 9 Development Code, Chapter 12 "Parking
and Loading Requirements" is consistent with the goals, objectives, policies and
programs of the General Plan and specifically of the Land Use Element.
2. The proposed amendment to Title 9 Development Code, Chapter 12 "Parking
and Loading Requirements" is necessary and desirable to implement the
provisions of the Land Use Element of the General Plan.
3. Based on the Initial Study and all the comments received, the potential
environmental impacts of the amendment to Title 9 Development Code,
Chapter 12 "Parking and loading requirements" is insignificant. :
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Ordinance No. 489 C.S.
Page 2
Department of Fish and Game Required Findings of Exemption
1. The City of Arroyo Grande has prepared an initial study pursuant to Section
15063 of the Guidelines of the California Environmental Quality Act (CEQA),
for the amendments to Title 9 Development Code, Chapter 12 .9-12 PARKING
AND LOADING REQUIREMENTS".
2. Based on the initial study, a negative declaration was drafted for review by the
public and review and approval by the City Council.
3. After holding a public hearing pursuant to State' and City Codes, and
considering the record as a whole the City Council adopted the Negative
Declaration and found that there is no substantial evidence of any significant
adverse effect,. either individually or cumulatively on wildlife resources as
defined by Section 711.2 of the Rsh and Game Code or on the habitat upon
which the wildlife depends as a result of development of this project.
NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Arroyo
Grande, California does hereby adopt a negative declaration, instruct the City Clerk
to file a Notice of Determination and adopts amendments to title 9 Development
Code, Chapter 12 .Parking and Loading Requirements" attached hereto as Attachment
· A" and incorporated herein by reference.
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 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 City Clerk shall post a certified copy of the full text of such adopted
ordinance.
On motion of Council Member Lady , seconded by Council Member Rune 1 s ,
and by the following roll call vote, to wit:
AYES: Council Members Lady, Runels, Tolley, Fuller, and Mayor Dougall
NOES: None
ABSENT: None
the foregoing Ordinance was adopted this9th day of September, 1997.
ATTEST:
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NANCY A. VIS, CITY CLERK
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Ordinance No. 489 c. s.
Pa ge 3
APPROVED AS TO CONTENT:
tbL.~
ROBERT L. HUNT, CITY MANAGER
APPROVED AS TO FORM:
T~~L' C~TTORNEY .
I, NANCY A. DAVIS, City Clerk of the City of Arroyo Grande, County of San Luis
Obispo, State of CaJifornia, do hereby certify, under penalty of perjury, that the
foregoing Ordinance No. 489C.S. is a true, full and correct copy of said Ordinance
passed and adoPted at a regular meeting of the Arroyo Grande City Council on the 9th
day of September, 1 997 .
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this l1thday of
Sept~ 1997.
'17~a.~
NANCY A. ~VIS, CITY CLERK
CITY OF ARROYO GRANDE
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Ordinance No. 489 C.S. ..
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Page 4 ATTACHMENT "A"
Section 9-12 PARKING AND LOADING REQUIREMENTS
Section 9-12.020 ADolicabiJitv
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B. Village Parking and Business Improvement District ""
For the area within the boundaries of the Parking and Business Improvement Area for
the Village, offstreet parking facilities or the payment of in-lieu fees, as established
by resolution, shall be provided as follows:
1. For changes in uses in existing buildings, no off street parking facilities or
payment of in-lieu fees shan be required.
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2. Outdoor dining areas, limited to '25% or less of the total gross square footage
of the enclosed area of the use, shaJl. be excluded from the requirement to
provide offstreet parking facilities' or to pay in-Ueu fees. For the purposes of
calculating offstreet parking requirements. outdoor dining areas must be non-
air-{:{)nditioned or heated and without wail encfosures. Any outdoor dining
area in excess of 25 % of the total gross square footage of the encfosed area'
of the use shaff be required to provide onfy the additional number of parking
spaces far the incremental square footage over ~e 25 %.
3. Existing buildings that are remodeled or enlarged shan not be required to
provide paridng if the increase in the square footage is less than 2S % of the
floor area before the addition. If the addition is greater than this amount, or if
it is the construction of a new building, offstreet parking shall be required
consistent with the following:
a. Offstreet parking facilities consistent with requirements of Section 9-
12.060 Off-Street P~rkinq ReQuirements bv und Use: or
b. Payment of an in-Heu fee based on the total number of parking spacs
required by Section 9-1 2.060 Off Street Paridng Requirements by Land
Use.
c. A combination of offstreet parking faclities and payment of an in-Heu fee
may be permitted.
Section 9-18.030 Definitions. add the fo/lowing new definitions:
ENCLOSED AREA: As(denned by the Uniform Building Code (UBC}, the c!osesr
definition is for a patio cover defined as foilows:
"'Enc~osed area is any area within a structUre or portion of a strUctUre with a
roof and walls in any configuration. where the open area of the longer wan and
one additional wall is less than 65% of the area below a minimum of 6 feet 8
inc:,es of each wail. measured from the floor. If
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