O 405 C.S.
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ORDINANCE 405 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 STRUCTURES
TO SATISFY PARKING REQUIREMENTS
WHEREAS, a commercial project has been applied for which
I proposes to satisfy a portion of its on-site parking requirements
I
with a structure which will provide multi-level customer parking;
and
WHEREAS, the City has not previously addressed the public
safety issues posed by. multi-level, subterranean, or rooftop
parking which does not provide the usual high visibility of all
portions of the parking area normally provided by ground level
parking in large unenclosed areas; and
WHEREAS, the city has not previously adopted specific
standards for the protection of the public health, safety and
welfare concerning parking structures for conullercial purposes;
and
WHEREAS, the City intends to study problems and concerns
associated with parking structures for conunercial projects within
a reasonable time; and
WHEREAS, this Council finds and declares that traffic
ingress and egress, personal and vehicle safety and protection in
areas not generally visible to the public, the security personnel
and design requirements necessary for the protection of the
public health, safety and welfare, and other public safety
problems which may not be readily apparent require review of all
such proposals at the use permit level pending further study of
the problem by th~ City.
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 26, Off-Street Parking Requirements, a new
Section 9-4.2612.1 reading in full as follows:
"Section 9-4.2612.1 Use Permit Required for
Parking Structures for Retail Conwercial Projects.
(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
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project aspects reasonably related to parking,
nearby traffic circulation, and the safety of
persons and property utilizing said parking
structures.
(b) This Council intends to repeal this section upon the
completion of the City's review of the peculiar
problems associated with parking structures for
commercial projects, and the final adoption of any
City proposed regulations or ordinances intended to
provide adequate protection of the public health,
safety and welfare in relation thereto.
(c) City staff is directed to give priority attention to
a complete review of the problems associated with
parking structures for commercial 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 2. Immediate Effectivity
This ordinance is an urgency ordinance for the protection vf
the public health, safety and welfare which sha;U 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 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~
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as well as nearby traffic congestion problems. Further, a
planned parking structure for a currently proposed project with a
popular fast-food restaurant situated adjacent to a freeway
off-ramp could become a transient, juvenile and drug problem area
without the imposition of appropriate safeguards. The Council
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.
The foregoing poses a current and immediate threat to the
public health, safety or welfare, and approval of commercial
I parking structures without effective regulations and procedures
would result in a threat to the pUblic health, safety or welfare.
Section 3.
This Ordinance shall be in effect for 45 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
I 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 Councilmernber Moots , seconded by
Councilrnember Olsen , and on the following roll call
vote to wit:
AYES: COuncil Members Moots, Olsen, Smith, Dougall an:i Mayor Millis
NOES: None
ABSENT: None
the foregoing Ordinance was passed and adopted at this reading on
the 14th day of March, 1989. ~
4A
Mayor
ATTEST: APPROVED AS TO FORM:
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NANCY DA S
City Clerk
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