O 583
ORDINANCE NO. 583
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE AMENDING THE ZONING MAP TO
DESIGNATE THE SUBJECT PROPERTY AS SINGLE-
FAMILY RESIDENTIAL (SF); DEVELOPMENT CODE
AMENDMENT 06-003, APPLIED FOR BY THE CITY OF
ARROYO GRANDE FOR PROPERTY LOCATED EAST OF
NOGUERA PLACE AND NORTH OF EAST CHERRY
AVENUE EXTENSION
WHEREAS, the 2001 General Plan Update Urban Land Use Element Map designates
the subject 9-acre property as Single-Family Residential Medium-Density with a
Neighborhood Plan overlay (SF-MD-NP); and
WHEREAS, the City of Arroyo Grande Zoning Map designates the subject property. as
Single-Family Residential Rural (RR); and
WHEREAS, the City of Arroyo Grande has initiated Development Code Amendment 06-
003 to amend the Zoning Map and designate the project site as Single-Family Residential
(SF); 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 06-003 at a duly noticed public hearing on November 6,
2006 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 06-003 at a duly noticed public hearing on November 14, 2006, 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 is necessary and desirable to implement the provisions of the
General Plan.
ORDINANCE NO. 583
PAGE 2
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.
C. The proposed Development Code Amendment amending the Zoning Map is
consistent with the purpose and intent of the Development Code. Medium
Density residential development within the project area would be required to
meet development and design standards under the SF zoning designation that
insure orderly development.
D. The potential environmental impacts of the proposed Development Code
Amendment amending the Zoning Map 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 l' The above recitals and findings are true and correct.
SFCTION 2' Development Code Section 16.24.020 (Zoning Map) is hereby amended as
shown in Exhibit A attached hereto and incorporated herein by reference.
SFCTION 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.
SECTION 4' Upon adoption of this Ordinance, the Director of Administrative Services
shall file a Notice of Exemption.
SECTION 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/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 6: This Ordinance shall take effect thirty (30) days from the date of adoption.
ORDINANCE NO. 583
PAGE 3
On motion by Council Member Guthrie, seconded by Council Member Dickens, and by
the following roll call vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Council Members Guthrie, Costello, and Mayor Ferrara
None
Council Member Arnold
Council Member Dickens (recused due to conflict of interest)
the foregoing Ordinance was adopted this 28th day of November 2006.
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ORDINANCE NO. 583
PAGE 4
TONY FER
ATTEST:
Qh..L
RE, CITY CLERK
APPROVED AS TO CONTENT:
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STEVEN ADAMs, CITY MANAGER
APPROVED AS TO FORM:
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TIMOTHY J. CARMEL, CITY ATTORNEY
v
ORDINANCE NO. 583
PAGE 5
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EXHIBIT A
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Re-zone tom
Residential Rural (RR)
to Single-Family (SF)
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. 583 which was
introduced at a regular meeting of the City Council on November 14, 2006; was
passed and adopted at a regular meeting of the City Council/Redevelopment
Agency of the City of Arroyo Grande on the 28th day of November 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 30th
day of November 2006.
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KELLY ET ORE, CITY CLERK