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O 417 C.S. ."_".n__ 'J URGENCY ORDINANCE NO. 417 C.S. AN URGENCY ORDINANCE OF TIiE CITY OF ARROYO GRANDE. CALIFORNIA EXTENDING PROHIBITION ON AN INTERIM BASIS THE ACCEPTANCE AND CONSIOERATION OF ZONE OiANGES, , LAND DIVISIONS. BUILDING PERMITS. ARCHITECTURAL REVIEW,' OPTIONAL DESIGN STANDARDS AND CONDITIONAL USE PERMITS WITIiIN AREAS DESIGNATED ON TIiE GENERAL PLAN FOR Me:OIUM- HIGH RESIDENTIAL (14 DWELLING UNITS PER ACRE) AND/OR AREAS ZONED FOR R-3 (MULTIPLE FAMILY) WITIi CERTAIN EXCEPTIONS, AS MODIFIED BY URGENCY ORDINANCE NO. 411 C.S. 'PURSUANT TO SECTION 65858 OF THE CALIFORNIA GOVERNMENT CODE. WHEREAS. on December 13. 1988. the Council adopted Urgency Ordinance No. 395 C.S.. effective for a 45-day period. prohibiting the acceptance and consideration of zone changes, land divisions. building permits. architectural review. optional design and conditional use permits within areas designated on the General Plan for Medium-High Residential (14 dwelling unita per acre) and/or zoned for R-3; and WHEREAS, on January 24, 1989 the City Council of the City Arroyo Grande adopted Urgency Ordinance No. 399 C.S. extending Ordinance No. 395 C.S. for additional ten months and fifteen days; and WHEREAS, on July 11, 1989, the City Council of the City of Arroyo Grande adopted Urgency Ordinance No. 411 C.S. amending Interim Urgency Ordinance No. 399 C.S. to allow the issuance of building permits for single family residences and other uses consistent with the R-1 zone, and WHEREAS. the City has begun the General Plan update including the Zoning Ordinance update to determine the best locations for above designations; and WHEREAS, the study will take an extended period of time. and the Council desires to extend the prohibitions of Ordinances No. 395 C.S., No. 399 and 411 for additional one year. as provided by Government Code Section 65656. , TIiE CITY COUNCIL OF TIiE CITY OF ARROYO GRANDE DOES ORDAIN AS FOLLOWS: SECTION 1. 1.1 The Planning Commission and staff of the City have ~nd~rt~ken the consideration and study of a general plan and zoning ord~..a:,(;.. f"r development with1n the C1ty. 1.2 Such consideration and study w111 enable tt.e Cit.). to deve'.c.p ~uch a general plan and zoning ordinance for the City, includll'g polic~..s ancl standards for the reasonable regulation of land deve10pmp~t within t~6 Ci~. 1.3 The continued use and development of land or s~ructures with,~ the C1ty 1n accordance w1th current regulat10ns and the existlhi, t;ifllltl,'d" r-1an may be inconsistent with the polic1es and standards which are beilli) or ...111 be considered by the Plann1ng Comm1ss10n and staff of the C1ty. 1.4 There is a current and immed1ate threat to the publ1c health, SAfety or welfare ar1sing from the use and development of land and structures pursuant to the ex1st1ng General Plan w1thin areas des1gnated on the General Plan for Medium-H1gh Res1dential (14 dwelling un1ts per acre) and/or areas zoned for R-3 (Multiple Family). 1.5 A cont1nuat10n of approval of uses and development of land within the above areas pursuant to the ex1st1ng General Plan and zon1ng result in a further threat to publ1c health, safety or welfare. 1.6 The Council's written report outlines the measures which are being taken to alleviate the conditions wh1ch led to the adoption of this Ordinance. .. ..~.'-_. .__..~ ---. -.- - . 9 Urgency Ordinance No. 417 C.S. SECTION 2. 2.1 The acceptance, the consideration, and the approval of applications for changes of zone on properties within the above Areas is hereby prohibited for a period of one year from and after the effective date of this Ordinance. 2.2 The acceptance, the consideration, and the approval of applications for division of land within the above Areas is being prohibited for a period of one year from and after the effective date of this Ordinance. 2.3 The acceptance, the consideration, and the approval of applications for the Issuance of building permits for new construction which results in added living area within the above Areas, Is hereby prohibited for a period of one year from and after the effective date of this Ordinance. Applications for single family residences and other uses currently permitted in the R-l zone, not inconsistent with the purpose and intent of the Interim Urgency Ordinance and which would not prejudice the city's ability to plan for the public health, safety or welfare and to re-zone the areas subject to such Ordinances, may be accepted, considered, and approved, pursuant to the guidelines and procodures ostabl ished in the appropriate sections of the Municipal Code. Provided, however. that in addition to compl~ing with all roquirements set forth In tho Munlclpa' Code, for such permits or revlows, no such uso shal1 bo pormlttod without the approval of both the Planning Commission and the city Council after public hearings before said bodies. Further, said governing bodies may place such additional conditions on such uses permitted as may appear nocessary to preserve the City's ability to plan for the public health, safety or welfare. to re-zone the subject areas and to mitigate. as necessary, the issues and concerns expressed in the urgency ordinance and other related documents. 2.4 The acceptance. consideration and approval of applications for the Issuance of Architectural Review applications within the above Areas is hereby prohibited for a period of one year from and after the effective date of this Ordinance. Applications for single family residences and other uses currently permitted In the R-l zone, not inconsistent with the purpose and intent of the Interim Urgency. Ordinance and which would not prejudice the city's ability to plan for the public health, safety or welfare and to re-zone the areas subject to such Ordinances, may be accepted, considered, and approved, pursuant to the guidelines and procedures established In the appropriate sections of the Municipal Code. Provided, however, that in addition to compl~ing with all requirements set forth in the Municipal Code for such permits or reviews, no such use shall be permitted without the approval of both the Planning Commission and the cit~ Council after public hearings before said bodies. Further, said governing bodies may place such additional conditions on such uses permitted as may appear necessary to preserve the City's ability to pl an for the publ Ie health, safety or wel fare, to r-e-zone the subject areas and to mitigate, as necessary. the issues and concerns expressed In the urgency ordinance and other related documents. 2.5 The acceptance, consideration and approval of applications for the issuance of Conditional Use Permit applications within the above Areas is hereby prohibited for a period of one year from and after the effective date of this Ordinance. Applications for single family residences and other uses currently permitted In the R-l zone. not inconsistent with the purpose and intent of the Interim Urgency Ordinance and which would not prejudice the city's ability to plan for the public health, safety or welfare and to re-zone the areas subject to such Ordinances, ma~ be accepted, considered, and approved, pursuant to the gui delines and procedures established In the appropriate sections of the Municipal Code. Provided, however, that in addition to complying with all requirements set forth in the Municipal Code for such permits or reviews, no such use shall be permitted without, the approval of both the Planning Commission and the city Council after public hearings before said bodies. Further, said governing bodies may place such additional conditions on such uses permitted as may appear necessary to preserve the City's ability to plan for the public health, safety or wel fare, to re-zone the subject areas and to mitigate, as necessary, the issues and concerns expressed in the urgency ordinance and other related documents. 2.6 The acceptance, consideration and approval of applications for the processing of Optional Design Standard applications within the above Areas is hereby prohibited for a period of one year from and after the effective date of this Ordinance. I .. .. , 1 (}' , Urgency Ordinance No. 417 C. S. SECTION 3. 3.1 This Ordinance shall be of no further force or effect at the expiration of one year after the adoption of this Urgency Ordinance. SECTION 4. Declaratfon of Urgency I , 4.1 This Ordinance 15 declared to be necessary IS an urgency measure pursuant to Sectfon 65858 of the California Government Code for the reasons set forth in above. SECTION 5. 5.1 The Plannfng Commfssfon of the Cfty of Arroyo Grande, and the staff of the Cfty, are hereby dfrected to take all due consideratfon, study and action relating to the development of a general plan and zoning ordfnance, and of the conditions which required the adoption of this Ordinance. SECTION 6. 6.1 Wfthfn.fffteen days after the adoptfon of this Ordfnance, the City Clerk shall certffy to the adoption hereof and shall cause it to be published once, together with the names of the Council Members voting thereon. in II newspaper of genera' circulation wfthin the City and posted in at least three public places wfthin the Cfty. However. fanure to pub1fsh or post for any reason shall not affect the valfdity of the Ordfnance. 6.2 IIIIIIedfately upon the adoptfon of th15 Ordfnance. the Cfty Clerk shall send certified copies hereof to the Clerk of the Board of Supervisors of the County of San Luis Obispo. to the Planning Director of the County of San Luis Obispo, to the presiding offfcer of the Planning Commission of the County of San Luis Obfspo. and to each member of the Plannfng Commfssion of the City of Arroyo Grande. SECTION 7. 7.1 This Urgency Ordinance shall become effective immediately upon the date of its adopt~on by a 4/5 vote of the Cfty Council. 7.2 Thfs Urgency Ordfnance shall automatically expfre when the Land Use. Open Space, Conservation and Housfng Elements, Zoning Ordinance, Subdivfsion Ordinance, and Resource Management Plan become effective. On motfon of Councf1 Member Smith , seconded by Councf1 Member Dougall. and on the followfng roll call vote, to wit: AYES: Council Members Smith, Dougall, M:xIts, Olsen and Mayor Millis NOES I tlbne ABSENT: None the forogoing Ordfnance was adopted by the Cfty Councfl and sfgned by the Mayor and attested by the City Clerk this 28th day of November, 1989. ~?t~~~ ATTEST: !1I1A1r' ~ CITY CLERK APPROVED AS TO FORMI . -, CITY M -.,...--.-- ---.--.----.---..---.. .-.- ."-' --'. ~--"'-- ----~