O 619 ORDINANCE NO. 619
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE EXTENDING CERTAIN
DISCRETIONARY APPROVALS ACCOMPANYING
SUBDIVISION MAPS CONSISTENT WITH ASSEMBLY
BILL 333
WHEREAS, due to the current financial crisis certain building projects will be unable to
obtain financing and secure building permits prior to the expiration of their discretionary
entitlements; and
WHEREAS, recognizing the need to provide additional life to certain tentative maps, the
California State Legislature adopted AB 333 extending such maps for an additional two
(2) years; and
WHEREAS, the expiration of discretionary entitlements accompanying these extended
tentative maps (i.e. planned unit developments, conditional use permits, etc.) will
require the project applicant to go through the entitlement process again, resulting in
additional costs and delays causing additional financial hardships; and
WHEREAS, the City Council finds that the expiration of these discretionary entitlements
is inconsistent with the purpose and intent of AB 333 to preserve the life and economic
viability of subdivision projects as a whole; and
WHEREAS, the City Council further finds that it is in the best interests of the community
to preserve these discretionary entitlements in order to avoid disruptions to the local
economy and the City's property tax base.
NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Arroyo
Grande, as follows:
1. Any legislative, administrative, or other approval by the City that pertains to a
development project included in and accompanying a tentative map, vesting tentative
map, tentative parcel map or vesting tentative parcel map that is extended pursuant to
AB 333, shall be extended, coincident with the extension of the underlying tentative
map, vesting tentative map, tentative parcel map or vesting tentative parcel.
2. 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 any one or more
section, subsection, subdivision, paragraph, sentence, or clause be declared
unconstitutional.
ORDINANCE NO. 619
PAGE 2
3 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.
4 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: Council Members Arnold, Guthrie, Fellows, Costello, and Mayor Ferrara
NOES: None
ABSENT: None
the foregoing Ordinance was adopted this 26 day of January 2010.
ORDINANCE NO. 619
PAGE 3
TONY FE ,MAYOR
ATTEST:
KELL
Y TA/ V E, CITY CLERK
APPROVED AS TO CONTENT:
STEVEN"A MS, CITY MANAGER
APPROVED AS TO FORM:
TIM HY J. AR , CITY ATTORNEY
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. 619 which was
introduced at a regular meeting of the City Council on January 12, 2010; was
passed and adopted at a regular meeting of the City Council of the City of Arroyo
Grande on the 26 day of January 2010; 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 27
day of January 2010.
/,L ►. _ .1J ! 44_04
KELLY E1 ORE, CITY CLERK