Loading...
R 3190 .... A RESOLUTION NO. 3 1 90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DENYING THE APPEAL OF THE PLANNING COMMISSION'S DETERMINATION OF INCOMPLETE APPLICATION; APPELLANT: BURTRAM JOHNSON, ON BEHALF OF TATSUMI KA W AOKA, r WHEREAS, the Development Code was adopted by the City Council on May 14, 1991, l and became effective on June 13, 1991; and WHEREAS, Section 9-02.150 of the Development Code allows any affected person to appeal a decision of the Planning Commission to the City Council; and WHEREAS, on October 29, 1996 the Planning Commission determined the request for General Plan amendment, submitted by Burtram Johnson, on behalf of Tatsumi Kawaoka, was incomplete without the concurrent processing of a Development Code amendment; and WHEREAS, pursuant to Development Code Section 9-03.020(B), all zoning districts that are applicable to the same areas or matters affec~ by the General Plan amendment, and which by law must be consistent with the General Plan, shall be reviewed and amended concurrently as necessary to ensure consistency between the General Plan and the implementing zoning; and WHEREAS, on November 4, 1996, Burtram Johnson, on behalf of Tatsumi Kawaoka, filed an appeal of the Planning Commission's determination, stating the incomplete determination of the General Plan amendment application is a violation of State and local laws; and WHEREAS, the City Council of the City of Arroyo Grande held a duly noticed public hearing on December 10, 1996 to consider said appeal; and WHEREAS.after due study, deliberation, and public h~g, the City Council finds that the following circumstances exist relative to said appeal: . 1. Pursuant to Development COO~ Section 9-Q3.020(B) , an application for Development Code amendment must be tiled concurrently with the General Plan amendment, because the requested General Plan amendment affects the zoning district boundaries; and 2. The requirement for concurrent processing of;~the applications is cOQsistent with { I Government Code Section 65862 which encourages local agencies to concurrently process applications for general plan amendments and zoning changes which are needed to permit development so as to expedite processing of such applications. "'-- 3. The requirement for concurrent processing of the applications' l' neither arbitrary nor capricious, because this requirement has been consistently applied since the effective date of the Development Code. - . Resolution No. 3 1 90 Tatsumi Kawaoka (Appeal) December 10, 1996 Page 2 NOW TIIEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby denies the appeal of the Planning Commission's decision and affirms and upholds the determination that the application for General Plan amendment is incomplete without the concurrent submittal of an application for Development Code amendment. On motion by Council Member Tolley , seconded by Council Member Fulle:t; and by the following roll call vote, to wit: A YES: Council Members Tolley, Fuller, Runels, Lady, Cw ~~ Mayor Dougall NOES: No ABSENT: No the foregoing Resolution was adopted this 10th day of ATTEST: '11~ a. ~ NANCY A. AVIS, CITY CLERK APPROVED AS TO CONTENT: J.tl~J:f {. t-f liA-;:- ROBERT L. HUNT, CITY MANAGER APPROVED AS TO FORM: . . RESOLUTION NO. 3190 PAGE 3 I .' j' I, NANCY A. DAVIS, City Clerk of the City of Arroyo Grande, -; County of San Luis Obispo, State of California, do hereby certify j .j under penalty of perjury, that the attached Resolution No. 3190 is a true, full, and correct copy of said Resolution passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the lOth day of December, 1996. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 12th day December, 1996. '1l~a.~ NANCY A. VIS, CITY CLERK I