O 407 C.S.
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ORDINANCE 407 C. S.
AN URGENCY ORDINANCE OF THE CITY OF ARROYO GRANDE
AMENDING THE ZONING ORDINANCE TO REQUIRE USE PERMIT
REVIEW OF ALL COMMERCIAL PROJECTS PROPOSING TO
UTILIZE PARKING STRUcrURES TO SATISFY PARKING
REQUIREMENTS
WHEREAS, on March 14, 1989, the Council adopted Urgency Ordinance No. 405
C.s., which became effective for a 45-day period, and amended the Zoning Ordinance to
require use permit review of all conunercial projects proposing to utilize parking structures
to satisfy parking requirements; and
WHEREAS, the City has begun to study parking structures, and the study will take
an extended period of time, and the Council desires to extend the requirements of
Ordinance 405 C.S. for an additional 10 months and 15 days.
The City Council of the City of Arroyo Grande does ordain as follows:
SECTION 1. FINDINGS.
1.1 The City staff has undertaken the consideration and study of parking structures
propoSed within the City of Arroyo Grande.
1.2 This ordinance is an urgency ordinance for the protection of the public health,
safety and welfare which shall become effective immediately upon its approval by the
affirmative votes of at least four member of the City Council. The reasons for the urgency
ordinance are that the City has no particular standards or information concerning
safeguards necessary or appropriate for access to, and the public safety and protection in
the use and .operation of, commercial parking structures. More particularly, the Council
refers to concerns expressed in a memo dated March 1, 1989, by the Chief of Police
concerning sexual assaults, muggings, burglaries, vehicle break-ins, and purse snatchings in
other cities with unsupervised multi-level parking, as well as nearby traffic congestion
problems. Further, a planned parking structure for a currently proposed project with n
popular fast-food restaurant situated adjacent to a freeway off-romp could become a
transient, juvenile and drug problem area without the Imposition of appropriate safeguards.
The Colmcll intends to adopt permanent protective standards as soon as adequate
information Is obtained and formal City standards and regulations can be adopted. In the
meantime, use permit review should allow the City to ascertain potential problem areas for
each project, and impose appropriate conditions thereon.
1.3 The foregoing poses a current and immediate threat to the public health, safety
or weltare, and approval of conunercial parking structures without effective regulations
and procedures would result in a threat to the public health, safety or welfare.
1.4 The continued development of parking structures within the City may be in
conflict with standards currently being reviewed by the City staff.
NOW, THEREFORE, the City Council of the City of Arroyo Grande does hereby
ordain the following:
SECTION 2. Provisions.
2.1 The Zoning Ordinance is hereby amended by adding to Chapter 9, Article 26,
Off-Street Parking Requirements, a new Section 9-4.2612.1 reading in full as follows:
"Section 9-4.2812.1. UK Permit Reouired !.Qt. Parkincz Structures!.Qt. ltetail
Commercial proiects.
(a) No application for retail commercial projects proposing to use parking
structures to satisfy any portion of on-site parking requirements shall be
approved without full use permit review of all project aspects reasonably
related to parking, nebrby traffic circulation, and the safety of persons
and property utilizing said parking structures."
2.2 A use permit review of parking structures shall be requlred for a period of ten
months and fifteen days from and after the effective date of this ordinance.
2.3 This Council intends to repeal this section upon the completion of the City's
review of the peculiar problems associated with parking strutures for commercial projects,
and the final adoption of any City proposed regulations or ordinances intended to provide
adcqunte protection of the public health, safety and welfare in relation thereto.
2.4 City staff Is directed to give priority attention to 8 complete review of the
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problems associated with parking structures for cOlTV!1ercial projects. Pending the
adoption of final regulations, the use permit review required herein shall include thorough
consideration of all written concerns submitted by the staff and the public related to such
parking structure aspects of a proposed project. The use permit review authorized herein
shall be specific to parking structures, including without limitation, mUlti-level,
subterranean, and rooftop parking, and shall not be cause for review of unrelated matters
which are not otherwise subject to use permit review.
SECTION 3.
3.1 This Ordinance shall be of no further force_or effect at the expiration of ten
months and fifteen days after the adoption of this Ordln'""e unle~s extended by the City
Council.
SECTIon 4.
4.1 The Planning Commission and staff of the City are hereby directed to take all
due consideration, study and action relnting to thc development of standards which
required the adoption of this Ordinance.
SECTION 5.
5.1 Within fifteen days after the adoption of this Ordinance, the City Clerk shall
certify to the adoption hereof and shall cause it to be published once, together with the
names of the Council Members voting thereon, In a newspaper of general circulation within
tho City and posted In at least three publlo places within the City. However, failure to
publish or post for any reason shall not affect the vaI1dity of the Ordinance.
5.2 Immediately, upon the adoption of this Ordinance, the City 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 San Luis Obispo County, to the presiding officer of the
Planning Conunlsslon of the County of San Luis Obispo, and to each membcr of the Planning
Commission of the City of Arroyo Grande.
SECTION 6.
6.1 This Ordinance shall become effective immediately upon the date of Its adoption
by a 4/5th vote of the City Council.
On motion by Council Member Dougall, seconded by Coucil Member Smith, and on the
following roll call vote, to wit:
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I, NANCY A. DAVIS, City Clerk of the City of Arroyo Grande, County
of San Luis Obispo, State of California, do hereby ce~~fy under penalty
of perjury that the foregoing Ordinance No. 407 C.S. ~s a true, full ,
and correct copy of said Ordinance pas~ed and adopted at a regular meetwg
of said Council on the 25th day of Apr~l, 1989.
WITNESS my hand and the Seal
this 26th day of April, 1989.
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;It , CHRIS
Cit Attorney City M
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