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O 490 C.S. . " .. ORDINANCE NO. 490 c. S . AN ORDINANCE OF THE CITY COUNCil OF THE CITY OF ARROYO GRANDE AMENDING PORTIONS OF mlE 9 OF THE ARROYO GRANDE MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES ORDAIN AS FOLLOWS: SECT10N 1: Arroyo Grande Municipal Code Section 9-01.110 G. 5. is hereby amended to read in its entirety as follows: 5. Make recommendations to the City Council on the following: General Plan Amendments Specific Plans and Amendments to Specific Plans Amendments to Title 9 pursuant to Section 9-03.040 B. Development Agreements Permits, Licenses, or Approvals within an Approved Planned Development SECT10N 2: Arroyo Grande Municipal Code Section 9-02. 150 A. is hereby amended to read in its entirety as follows: 9-02.150 ADoeals A. Appeal of Action 1. Notwithstanding any other provision of this Code, any decision made under this Title shall be subject to the appeat provisions set forth in this Section. 2. Any affected person may appeal a decision of the Planning Director to the Planning Commission. A decision of the Planning Commission on such appeal may be further appealed to the City council, whose decision shall be final. 3. Any affected person may appeal a decision of the Planning Commission to the City Council, whose decision shall be final. 4. Once an appeal is filed, the appellate body's authority to review the decision being appealed is not limited to the original reason stated for the appeal. The Planning Com- mission or City Council may review and take action on all determinations, interpretations, decisions, judgments, or similar actions taken on the application or project, and are not limited to the reason stated for the appeal. Ordinance No. 490 C.S. . Page 2 .. .. 5. Once an appeal is filed, it shall not 'be withdrawn except with the consent of the appropriate hearing body. SECTION 3: Arroyo Grande Municipal Code Sections 9-02.150 B. 2. and 3. are hereby amended to read in their entirety as follows: 2. An appeal of a Planning Director action shall be filed with the secretary of the Planning Commission within ten (10) calendar days following the date of action for which an appeal is made. 3. An appeal of a Planning Commission decision shall be filed in the office of the City Clerk within. ten (10) calendar days following the date of action for which an appeal is made. SECTION 4: Arroyo Grande Municipal Code Section 9-03.040 8. is hereby amended to read in its entirety as follows: B. Authority Authority for approval of amendments to this Title, including amendments to the zoning map, shall be vested in the City Council. The Planning Commission shall provide recommendations to the City Council regarding amendments to Chapters 9-03 through 9- 1 8 of this Tltte, inclusive. A public hearing pursuant to the provisions of Section 9-02. 1 60 of this Title shan be required prior to action by the City Council. Amendments to zoning districts or text of this Title that are not consistent with the General Plan must be accompanied by a General Plan Amendment application. SECTION 5: If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to be unconstitutional, 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, clause or phrase thereof, irrespective of the fact that anyone or more section, subsection, subdivision, paragraph, sentence, clause or phrases be declared unconstitutional. SECTION 6: Within fifteen (15) days after passage of this Ordinance, it shall be published once, together with the names of the Council Members voting thereon, in a newspaper of general circulation within the City. On motion of Council Member Lady , seconded by Council Member Runels I and by the following roll call vote, to wit: A YES~ Council Members Lady, Runels, Tolley, Fuller and Mayor Dougall NOES: None ABSENT: None Ordinance NO. 4~U C.s. ,. Page 3 ~ 1 the foregoing Ordinance was adopted this 9thday of S::'fi.B.tteL , 1997. .' ATTEST: '17 a.~ NANC~IS, CITY CLERK APPROVED AS TO CONTENT: 1<DL~T L. rt~ ROBERT L. HUNT, CITY MANAGER APPROVED AS TO FORM: I, NANCY A. DAVIS, 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 foregoing Ordinance NO.4 9 0 C.S. is a true, full and correct copy of said Ordinance passed and adopted at a regular meeting of the Arroyo Grande City Council on the 9th day of S2j;b3:ri:er. 1 997. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 11th day of ~ 1997. 71~a.~ NANCY A. A VIS, CITY CLERK CITY OF ARROYO GRANDE