O 424 C.S.
. 34
IH'l'ERIM URGENCY ORDINANCE NO.424 C.S.
AN INTERIM URCENCY ORDINANCE OF THE CITY OF
ARROYO CRANDE, CALIFORNIA, EXTENDING AN
AMENDMENT TO THE ZONING ORDINANCE REQUIRING
CONDITIONAL OSE. PERMIT REVIEW OF CERTAIN
COMMERCIAL AND INDOS'l'RIAL PROJEC'l'S
WHEREAS, on May 22, 1990, the City Council adopted Inte~im
Urgency O~dinance No. 422 C.S., effective fo~ a 45-day period,
amending the Zoning O~dinance to require conditional use permit
review of ce~tain commercial and industrial projects; and
WHEREAS, on May 22, 1990' the City Council of the City of I
A~~oyo G~ande adopted 1990 Land Use, Housing, Open Space andJ
Conservation Elements of the City's General Plan; and
WHEREAS, the City bas begun the process of updating the
Zoning and subdivision Ordinances in order that they be consistent
with the General Planas required by Government Code Section 65860
(c); and
WHEREAS, the City Council finds and declares that t~affic
ci~culation, air quality, water usage, noise, police and fire
protection, infrast~ucture, recreation and other public health,
safety, or wel fare conce~ns can be addressed by the review of
certain commercial and industrial projects through the conditional
use pe~mit process, and
WHEREAS, the update of the Zoning and Subdivision Ordinances
will take an extended period of time, and the Council wishes to
extend the requirements of Ordinance No. 422 C.S. for an additional
10 months and 15 days, as provided by Government Code Section
65858.
NOW, THEREFORE, the City Council of the City of Arroyo Grande
does hereby ordain as follows:
Section 1. The zoning ordinance is hereby amended by adding to
Chapter 9, Article 24, a new section 9-4.2404.1 for an additional
10 months and 15 days, reading in full as follows:
"Sec. 9-4.2404.1 Interim Conditional Use Pe~mit
Reauirement.
(a) No development or use shall be authorized, permitted,
made or changed within those areas of the city zoned C-1, C-2,
C-3, C-S-D, P-C, or P-M without a conditional use permit being
granted by the Planning Commission after submission and review
of a conditional use permit application.
(b) Definitions.
(1) "Development" or "use" is defined as the division of
a parcel into two o~ more parcels, a lot line adjustment,
the construction, reconstruction, conversion, structural ~
alteration, relocation or enlargement of any structure;
any mining, excavation, landfill or land disturbance and
any use or extension of the use of land.
(2) "Made" or "changed" means a modification in the
major land use category previously existing on the site.
Categories include: a) general retail, office and
service commercial; b) hotels and motels; c)
restaurants and bars; d) auto related service; e)
industrial; f) public/quasi-public; and g) vacant land.
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. Ordinance No. 424 C.J.5
. Page 2
(c) Interpretation of whether a project constitutes a
development or change in use thereby requiring a conditional
use permit shall be determined by the Planning Director and is
subject to appeal to the City Council pursuant to Chapter 4 of
the City's Municipal Code. The requirements of this section
may be waived by the Planning Director if he/she determines
that another discretionary permit process will perform the
same public review function."
r Section 2. Immediate Effectivity. This ordinance is an urgency
ordinance for. the protection of the public health, safety and
welfare that shall become effective immediately upon its approval
by the affirmative votes of at least four members of the City
Council . The reason for the urgency ordinance is that the City is
currently updating its Zoning Ordinance in order to maintain
consistency with the newly updated General Plan. The General Plan
has numerous policies effecting the design of commercial projects,
These policies mitigate traffic circulation, water, noise, police,
fire, infrastructure and recreation impacts. These policies can be
effectively implemented through the City's existing conditional use
permit process until the revised Zoning Ordinance sets up new
procedures and standards.
The foregoing poses a qurrent and immediate threat to the
public health, safety, or welfare, and approval of commerci a I
projects without effective regulations and procedures would result I
in a threat to the public health, safety or welfare.
Section 3. This ordinance shall be in effect for 10 months and 15
days after its adoption; provided that the Ordinance effectiveness
may be further extended after public hearing in accordance with
Government Code 65858.
Section 4. This urgency ordinance shall automatically expire when
the revised Zoning and Subdivision Ordinances become effective.
Section 5. Within fifteen. (15') days after its passage, this
Ordinance shall be published once, together with the names of the
Council members voting thereon, in a newspaper of general
circulation within the city, but failure to publish for any reason
shall not affect the validity of the Ordinance.
On motion of Council member 9mth, seconded by Council member
Dougall, and On the following roll call vote to wit:
AYES: Council M3nbers 9mth, Dougall, Olsen, Moots and Mayor Millis
NOES: None
r ABSENT: None
the foregoing Ordinance was passed and adopted at this reading on
the 26th day of June, 1990,
~i.A~&
ATTEST: APPROVED AS TO FORM:
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CITY CLER
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