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PC R 97-1631RESOLUTION NO. 97-1631 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING THE CITY COUNCIL APPROVE AN AMENDMENT TO PORTIONS OF TITLE 9 OF THE MUNICIPAL CODE WHEREAS, the Development Code was adopted by the City Council on May 14, 1991, and became effective on June 13, 1991; and WHEREAS, Section 9-01.1 10 of the Development Code stipulates the provisions for the Planning Commission; and � , , WHEREAS, the provisions for the Planning Commission need to be updated as outlined in Attachment "A"; and WHEREAS, the Planning Commission, after due research and deliberation finds that: 1. The proposed revision to Title 9 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. 2. The proposed revision to Title 9 will not adversely affect the public health, safety, and welfare or result in an illogical tand use pattern. 3. The proposed revision to Title 9 is consistent with the purpose and intent of Title 9. 4. The potential environmental impacts of the proposed revision to Title 9 are insignificant. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby recommends that the City Council approve the Development Code amendment to modify the provisions for the Planning Commission. On motion by Commissioner Haney, seconded by Commissioner Greene, and by the following roll call vote to wit: AYES: Commissioners Haney, Greene, O'Donnell and Lubin NOES: None ABSENT: Commissioner Rondeau the foregoing Resolution was passed and adopted this 5th day of August, 1997. ATTEST: > � le reese, Coi �S TO C�NTENT: Doreen L � on Cler�c � ----San Blanck, AICP, Community Development Director ����:�� ir�n ORDINANCE NO. AN ORDINANCE OF T"� CITY COUNCIL OF 1'� CITY Q� ARROYO G�tANDE AMEI�IDING PORTIO3�IS OF TITLE 9�� THE ARROYO GRANDE MLTtIC1PAL CODE :� • «� • :� � � . . . • a a� • � � • a • � � • � - � FOLLOWS: �F,['T'TON 1: Anvyo Grande Mumciaai Cade S�tion 9-01.110 G. 5_ is h�y a�de:i" to read in its entrrety as follows: � 5. Make r�ammeadarions to the City Councl on the ;ollaw�� Gea�a,i Plan Ameadments Sp�:inc Plans and Ame�ndments to Sp�:nc Plaas Ame.zdmertts to Title 9 pursuant to S�on 9-03.040 B. Deveiopmeat Agr�.•nents Permiis, Lic�se.s, or Auorovals wittun an A�nroved PLa�ne:i D�re:optneaL SF.C'TION 2: Arroyo Grande �tuni�pal Code Se: rion 9-0Z.I50 A.. is ��y �d�i to read in its. entir�y as follows: �Z.Lli� ��als A_ Appeal of Acson 1. 2. 3. Notwith�tan�ing any other provision of tf�is Cade, auy �isort made und� ttus T'�tle shall be su�jer-t to the a�peai pravisions se� fortti in this Se�ion. Any aff� p�son may anpesl a de� sion of the Pla�aia� D�or to the Plannnag Commis.sion. . A derisiorc of the Plamain� Curnmis sion on suc� angeai may be further a�peal�i to the C"ity c�aIICiI, w�ose de�sion shail be IInai. � Any aff�i ne�on may a�oeai a derision or tfie Plarnri.u.g �o�- misaon to the C'ity Cauncil, whose dec^ission shall be frnai_ 4. On� an a�Qeai is �ed, the auoellate body's autfiority tn r�ri�x tt�� d�ision bein� anneal�i is not limite:i to the ori�.nal reason stare� for the �ve3L T"ne Planning Commission or City Counc:i may revie��r and take acrion on aII de*..e.Tminations, intezpre�IIOns, r � d�isions, jud�ments, or similar actions taken ort tEie aap�cation ar . projeci, and are not Iimited to the reason stated for t�ie az�peal_ 5 Once an appeal is fiied, it shaII not be withdrawrz eac�t v�it�t the consent of the appropriate hearing body. SECTION 3: Arroyo Grande Municipal Code Se:tions 9-02_I50 B. Z aud 3_ are hereby amended to read in their entirety as follows: Z. An a.ppeal of a Planning Director action shall be fiied with t�e s�reiary of �e Planning Commission within ten (lQ) caieadar days fo]Iowta� tl�e dare of action for which an avoeal is made. 3. An a�peal of a Planning Commission decison snall be fiied in tfre affi� of ihe City Clerk within ten (10) calendar days foIlowing the date oi acrion for wiuch an appeal is made. SECTION 4: Arroyo Grande �Iuni�pal Code S�^tion 9-03.040 B_ is he��y aznended to read in its e.�tirety as follows: B. Anthority Auti�ority for a�proval of ame.�dments to tt�is Title, inc�uding ainendments to the zomng map, shall be vested in the City Councii. The Planning Camims�ion shall provide r�ammendarions to the City Counc:I regardi.ng ame�dments to Chanters 9-03 through 9-18 of trus 'I�itie, inc:usive. A pubiic hearing pvrsuant to the provisions of Sec�on 9-02.160 of this Title snall be requir�i prior tn araroa by the City Council. Amendments to zoning districts or text oi this Title that are IIot c�sstent with the General Plan must be ac: amnanied by a General Plarc .4meitdinerit aPPlication. SECTION 5: If any section, subs�on, suddivision, para�..Q*�an�, �cr, c:ause or phrase of this Ordinanc� or any part thereof is for any reason held to be un�tionai, such decision shall not affe: t the validiry of the re:naining poruon oi this Ordinanc° rnr aay part thereof_ The City Counc� hereby deciares thaz it would have pass�i each s�rion, subse�Qa, subdivision, paragraph, senr.e�cr, clause or phrase thereof, irresp�uve of the fact that any one or more s�tion, subs�on, subdivision, .para,�ranh, seatence, c?ause or phrases be d�ared unconstitu- tional. � SEGTION 6: Within fif�rc (15) days after passa�e of this Oraznan�, it shall be published once, togeiher wi� the names of the Counc�l Membe.*�s vodng t�er,�n, in a new�er of gene.-al circuiation within the City. On motion of Council Member , s�,ronde:i � Council Member and on the fallowing rQll call vate, to-wit AYES: NOES: . � . the foregoing Ordinan� was adopted this ATTEST: NANCY A. DAVIS, CITY CLII2g APPROVID AS TO FORM: day of , 1997. A. K. "Pete" DOUGALL, MAYOR APPROVID AS TO CONfT�IT: LYON & CARMII. BY: TIlviOTHY J. CARMII. CITY ATTORNEY ' � : �' : �Ir ► • • �y�• 3 � J � I, NANCY A. DAVIS, City Clerk of the City of Arroyo Grande, Count� of Sa� Lgis Obispo, S�ate of Califomia, do hezeby cerrify under penaity of perjury that the for�c�ng �r�an� No. is a trne, full and correct capy of said Ordinancr passed and adopb� at a rear2lar meeting of said Council on the day of . I99?. �VTINF�SS my hand and Seai of t�e City of Arroyo Grande am,zed this dag af � 1997. NANCY A. DAVIS, CITY CLERg 4 �.