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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