O 422 C.S.
30
INTERIM URGENCY ORDINANCE NO. 422 C.S.
AN INTERIM URGENCY ORDINANCE OF THE CITY OF
ARROYO GRANDE AMENDING THE ZONING ORDINANCE TO
REQUIRE CONDITIONAL USE PERMIT REVIEW OF
CERTAIN COMMERCIAL AND IBDUSTRIAL PROJECTS
I
WHEREAS, on May 22, 1990 the City Council of the City of
Arroyo Grande adopted 1990 Land Use, Housing, Open Space and
Conservation Elements of the City's General Plan; and
WHEREAS, the City has begun the process of updating the
Zoning and subdivision Ordinances in order that they be consistent
with the General Plan as required by Government Code Section 65860
(c) ; and
WHEREAS, the City Counci I finds and declares that traffic
circulation, air quality, water usage, noise, police and fire -'
protection, infrastructure, recreation and other public health,
safety, or welfare concerns can be addressed by the review of
certain commercial and industrial projects through the conditional
use permit process.
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 reading in full as
follows:
, .
"Sec. 9-4.2404.1 Int eri m Condi tional Use Pe rmi t
Requirement.
(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-B-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) Defini hons.
(I) "Development" or "use" is as defined in the Public
Resources Code Section 30106.
(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.
(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."
Sec_tion 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 reasons for the urgency ordinance are 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
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31
use permit process until the revised Zoning Ordinance sets up new
procedures and standards.
The foregoing poses a current and immediate threat to the
publ ic heal th, safety, or wel fare, and approval of commercial
projects without effective regulations and procedures would result
in a threat to the public health, safety or welfare.
Section 3. Th~s ordinance shall be in effect for 4S days after its
adoption; provided that the Ordinance effectiveness may be further
extended after public hearing in accordance with Government Code
65858.
/'"' Section 4. 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 Srni th , seconded by Council
member fJbots , and on the following roll call vote to wit:
AYES: Council Members Smith, Moots, Olsen, Dougall and Mayor Millis
NOES: None
ABSENT: None
the foregoing Ordinance was passed and adopted at this reading on
the 22nd day of May, 1990.
. ~/iJk
ATTEST: APPROVED AS TO FORM:
'11~(). ~
CITY CLE
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. 422 C.S. is a true, full
and correct copy of said Ordinance passed and adopted at a regular rreeting
of said Council on the 22nd day of May, 1990.
- WITNESS my hand and the Seal of the City of Arroyo Grande affixed
this 29th day of May, 1990.
~~a.~
CITY