O 581
ORDINANCE NO. 581
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE AMENDING PORTIONS OF TITLE 16 OF THE ARROYO
GRANDE MUNICIPAL CODE (DEVELOPMENT CODE AMENDMENT
04-005A), REVISING LAND USE REGULATIONS FOR DESIGN
DEVELOPMENT OVERLAY DISTRICT OMU-D-2.20 WITHIN THE
OFFICE MIXED USE DISTRICT
WHEREAS, the City Council adopted the updated General Plan which became effective
November 10, 2001 and requires a comprehensive review and necessary revisions to the
.Arroyo Grande Municipal Code and Zoning Map for consistency, in accordance with
Government Code Section 65860; and
WHEREAS, the City Planning Commission held a public hearing on August 1, 2006 and
recommended approval of the proposed amendment to the Arroyo Grande Municipal Code
for the purposes of clarification of standards and balance of uses within the Office Mixed
Use 0-2.20 Design Development Overlay District; and
WHEREAS, the City Council has considered Development Code Amendment 04-005A at a
duly noticed public hearing on September 12, 2006, in accordance with the Arroyo Grande
Municipal Code, 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, Planning Commission recommendations, 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 revisions to Design Development District OMU-D-2.20, incorporated
by reference into Title 16, are consistent with the objectives, policies and
implementation measures of the General Plan, particularly those prescribed for the
Mixed Use land use designations within the land use element.
B. The proposed revisions to Design Development District OMU-D-2.20, incorporated
by reference into Title 16, will not adversely affect the public health, safety, and
welfare or result in an illogical land use pattern.
C. The proposed revisions to Design Development District OMU-D-2.20, incorporated
by reference into Title 16, satisfy the intent of chapter, 16.36 within the Municipal
Code and provide for internal consistency;
D. The proposed change of zones and revisions to Title 16 are within the scope of the
Program EIR prepared for the 2001 General Plan Update, and the potential
environmental impacts of the proposed amendment are less than significant.
ORDINANCE NO. 581
PAGE 2
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: Arroyo Grande Municipal Code Subsection 16.08.010.R is hereby amended to
read as follows: "R. Ordinance 581 relating to a Design Development Overlay District OMU-
D-2.20."
SECTION 3: Design Development Overlay District OMU-D-2.20 is amended in its entirety
as shown in Exhibit "A" and as described in Exhibit "8" attached hereto and incorporated
herein by this 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.
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
ServiceslDeputy 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 ServiceslDeputy
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 Arnold, seconded by Council Member Guthrie, and by the
following roll call vote to wit:
AYES:
NOES:
ABSENT:
Council Members Arnold, Guthrie, Dickens, Costello, and Mayor Ferrara
None
None
the foregoing Ordinance was adopted this 10lh day of October, 2006.
ORDINANCE NO. 58 I
PAGE 3
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TONY M. FE ,MAYOR
ATTEST:
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KELLY W T RE, CITY CLERK
APPROVED AS TO CONTENT:
s~A6~ CITY MANAGER
APPROVED AS TO FORM:
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TIM. THY J. C EL, CITY ATTORNEY
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EXHIBIT "B"
Design Development Overlay District 2.20: Medical Mixed Use
Objective of District: To provide for sufficient land for the orderly
development of Arroyo Grande Hospital and functionally related medical facilities.
Description of Parcels: APNs: 006-39- 044, 046, 047, 048, and 049 (see
Zoning Map OMU-D-2.20.)
Use Regulations: Mixed use development with a minimum ofJ5% of the net
building site (or equivalent area for vertical mixed use projects as determined by
the Community Development Director) shall be developed for office use to be
compatible with the anticipated needs for the Arroyo Grande Hospital.
Deviations up to 25% (reserving a minimum of 50% of the net area for office use)
may be determined to be acceptable, as determined by City Council, if they are
needed to achieve a logical and coherent site plan that meets the objective of
this district. All other uses are as specified in underlying zoning district (OMU):
Site Development Criteria:
1. As specified in the underlying zoning district (OMU).
2. Three-story building components allowed only with substantial transitional
space and/or lower story elements adjacent to residential districts or uses.
3. Future hospital redevelopment shall include public transportation
improvements (reference development approval CUP 02-006, Planning
Commissions Resolutions 03-1839, and 021-1841)
4. Maximum Building Size may exceed the maximum standard of 50,000
square feet specified in underlying zoning district (OMU).
Performance Standards: Section 16.48.065 Mixed use developments. Section
16.48.120 Performance Standards.
Design Guidelines:
none.
Additional Information: These parcels were zoned with a -0 overlay at the
time of the 2004 Development Code Update to clarify development standards
that pertain to the subject parcels (reference Ordinance 557) and amended by
Ordinance XXX. Demonstration of project compatibility with the Arroyo Grande
Hospital and/or coordination with a Hospital Facilities Plan must be submitted to
the Community Development Director prior to any use permit approval within the
OMU-D-2.20 District.
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. 581 which was
introduced at a regular meeting of the City Council on September 12, 2006; was
passed and adopted at a regular meeting of the City Council of the City of Arroyo
Grande on the 10th day of October 2006; 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 11 th
day of October 2006.
0uL-
RE, CITY CLERK