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O 640 ORDINANCE NO. 640 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING CHAPTER 16.08 OF TITLE 16 OF THE MUNICIPAL CODE TO INCORPORATE THE PUBLIC ART GUIDELINES BY o REFERENCE WHEREAS, Section 16.08.010 of the Municipal Code specifies documents that are incorporated by reference into Title 16 of the Municipal Code; and WHEREAS, the Planning Commission finds that this project is consistent with the City's General Plan, Development Code and the environmental documents associated therewith, and that the project is exempt under per Sections 15061(b)(3) and 15378 of the California Environmental Quality Act (CEQA) Guidelines; and WHEREAS, the Planning Commission of the City of Arroyo Grande considered and recommended approval of the proposed amendments to the Public Art Guidelines at a duly noticed public hearing on October 18, 2011, in accordance with the Development Code of the City of Arroyo Grande at which time all interested persons were given the oppo�tunity to be heard; and � WHEREAS, after consideration of all testimony and all relevant evidence, the City Council has determined that the following Development Code Amendment findings can be made in an affirmative manner: . A. The proposed revisions to Title 16 are required to ensure consistency with the objectives, policies and implementation measures of the General Plan, particularly the Land Use Element, and is therefore desirable to implement the provisions of the General Plan. . B. The proposed revisions to Title 16 will not adversely affect the public health, safety, and welfare or result in an illogical land use pattern. C. The proposed revisions are consistent with the purpose and intent of Title 16 and satisfy the intent of Chapter 16.08 of the Municipal Code and provide for internal consistency. . D. The proposed revisions to Title 16 are exempt under per Sections 15061(b)(3) and � 15378 of the California Environmental Quality Act (CEQA) Guidelines. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AS FOLLOWS: � SECTION 1: The above recitals and findings are true and correct and are incorporated herein by this reference. . ORDINANCE NO. 640 PAG E 2 SECTION 2: Arroyo Grande Municipal Code("AGMC") Section 16.08.010 ("Incorporation by Reference") is hereby amended to add Subsection (S) as follows: S. Public Art Guidelines, as amended. SECTION 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. This Ordinance shall take effect and be in full force and effect thirty (30)days after its passage. SECTION 4: This Ordinance shall take effect and be in full force and effect thirty (30) days after its passage. � SECTION 5: If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. On motion of Council Member Costello, seconded by Council Member Brown, and by the following roll call vote, to wit: AYES: Council Members Costello, Brown, Guthrie, Ray, and Mayor Ferrara NOES: None ABSENT: None - the foregoing Resolution was passed and adopted this 22"d day of November 2011. --� ORDINANCE NO. (O'�0 . � PAGE 3 � TONY FER AYOR � ATTEST: � � � ��� KELLY W MO E, CITY CLERK � ; APPROVED AS TO CONTENT: STEVE AMS, CITY MANAGER APPROVED AS TO FORM: � ��" ' - TI OTHY J. C EL, 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. 640 which was introduced at a regular meeting of the City Council/Redevelopment Agency on November 8; 2011; was passed and adopted at a regular meeting of the City Council of the City of Arroyo�Grande on the 22"d day of November 2011; 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 23`� day of November 2011. KELLY WET ORE, CITY CLERK