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O 568 ORDINANCE NO. 568 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING THE ZONING MAP TO DESIGNATE THE SUBJECT PROPERTY AS PLANNED DEVELOPMENT 1.1 - (PD-1.1); DEVELOPMENT CODE AMENDMENT 05-008, INITIATED BY THE CITY OF ARROYO GRANDE FOR PROPERTY LOCATED AT 1400 WEST BRANCH STREET WHEREAS, the 2001 General Plan Update Urban Land Use Element Map designates the subject 2.68-acre property as Mixed Use with a Planned Development Overlay (PD); and WHEREAS, the City of Arroyo Grande Zoning Map currently designates the subject property as Office Mixed Use; and WHEREAS, the City of Arroyo Grande initiated Development Code Amendment 05-008. to amend the Zoning Map and designate the project site as Planned Development 1.1; arid WHEREAS, the Planning Commission of the City of Arroyo Grande has reviewed Development Code Amendment 05-008 at a duly noticed public hearing on May 17, 2005 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 05-008 at a duly noticed public hearing on July 26, 2005, 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. Based on the information contained in the staff report and accompanying materials, the proposed Development Code Amendment amending the Zoning . Map 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 will not adversely affect the public health, safety, and welfare or result in an illogical land use pattern. ORDINANCE NO. 568 PAGE 2 C. The proposed Development Code Amendment amending the Zoning Map is consistent with the purpose and intent of the Development Code and the Planned Development district 1.1. D. The potential environmental impacts of the proposed Development Code Amendment amending the Zoning Map are less than significant or can be mitigated to a less than significant level as specified in the initial study and Mitigated Negative Declaration. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Arroyo Grande as follows: SFCTION l' The above recitals and findings are true and correct. . SECTION 2' Development Code Section 16.24.020 (Zoning Map) 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. SFCTION 4' Upon adoption of this Ordinance, the Director of Administrative Services shall file a Notice of Determination. SFCTION 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/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/City Clerk shall post a certified copy of the full text of such adopted Ordinance. . SECTION 6: This Ordinance shall take effect on the later of thirty (30) days from the date of adoption. ORDINANCE NO. 568 PAGE 3 On motion by Council Member Dickens, seconded by Council Member Guthrie, and by the following roll call vote to wit AYES: NOES: ABSENT: Council Members Dickens. Guthrie, Arnold, Costello. and Mayor Ferrara None None the foregoing Ordinance was adopted this 9th day of August 2005. ORDINANCE NO. 5~1i' PAGE 4 ~/....~~.tU~ TONY FE , MAYOR ATTEST: ~ /;vlWwfc<- KELLY ETM E, CITY CLERK APPROVED AS TO CONTENT: ~~~ s:rli' . AnAIVrS, CITY MANAGER APPROVED AS TO FORM: . EXHIBIT .-\ GR lEa ~f:/ (p) . G~R t?~l~) c'-.~'J~~. ~'1 . ~ ,,<J:OO'''~'f!:~ ...) /.'..../ : :', . '/,./.~/' ", ~ .< ~~.-.-.... Office Mixed Use (OMU) to Planned Development 1.1 (PO 1.1) ." ......... " / /" / '-. ........ '., .' :' {~.!-.(( - "'. "" OFFICIAL CERTIFICATION I, KELLY WETMORE, 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. 568 which was introduced at a regular meeting of the City Council on July 26, 2005; was passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 9th day of August 2005; 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 10th day of August 2005,