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O 421 C.S. 28 INTERIM URGENCY ORDINANCE NO. 421 C.S. AN INTERIM URGENCY ORDINANCE OF THE CITY OF ARROYO GRANDE SUSPENDING CERTAIN DEVELOPMENT PROCESSING, INCLUDING BUT NOT LIMITED TO, LOT SPLITS AND/OR SECOND UNITS WHEREAS, on May 22, 1990 the city Council of the city of Arroyo Grande adopted the 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 are consistent with the General Plan, as required by Government Code Section 65860 (c); I and , I WHEREAS, said 1990 Land Use, Housing, Open Space and ..J Conservation Elements find that water resources are limited and may be in or near an overdraft condition; and I WHEREAS, it is in the best interest of the city to establish I a Water Policy to respond to the water situation; and I i WHEREAS, the newly adopted elements of the General Plan require the adoption of a Resource Management Plan; and WHEREAS, the continued granting of land divisions, rezoning and second units may be inconsistent with the proposed Resource Management Plan and may interfere with or hamper the City's ability to adequately protect the city's water resources; and WHEREAS, the potential exists that the City's water supply will be exhausted and overtaxed; and WHEREAS, a deferral of land divisions, rezonings and second units is necessary to mitigate and prevent adverse impacts on existing and future residents and businesses, and to prevent liability to the City which might be associated with approvals which require more water than exists; and WHEREAS, the foregoing reasons demonstrate that there exists a current, immediate and continuing threat to the public health, safety or welfare if land divisions, rezoning applications and second units are continued to be approved. NOW, THEREFORE, the city Council of the City of Arroyo Grande does hereby ordain as follows: SECTION 1. The above statements constitute the findings of the City Council in this matter. SECTION 2. Pursuant to section 65858 of the California Government Code, the City Council hereby suspends land divisions and rezoning pending completion of a City Water Policy and/or Resource Management Plan, as follows: ..../ (a) No zone changes or applications therefore shall be entertained, accepted or processed. (b) No application for land divisions, including but not limited to, parcel maps, tract maps, extensions of time for tentative or final tract maps, and second' units sha 11 be entertained, accepted or processed. (c) It is the intent of the city Council that this suspension of land divisions should not apply to any application submitted prior to 5:00 P.M. Tuesday, May 22, 1990, or to any already adc.pted developlBlt agreaJlel1ts. SECTION 3. The City Council directs that all steps as may be required to expedite the preparation of a Water Policy and/or - ,-_. ----- ~-- 29 INT~IM URGENCY ORDINANCE NO. 421 C.S. , , I Resource Management Plan be followed by the Planning Commission and City staff. SECTION 4. This ordinance is an urgency ordinance adopted pursuant to Government Code section 65858 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 above findings establish a current, immediate and r continuing threat to the public health, safety or welfare, and find that approval of land divisions would result in a threat to the public health, safety or welfare. SECTION 5. 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 6. 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 Smith, seconded by council Member Olsen, and on the following roll call vote, to wit: . AYES: Council Members Smith, Olsen, Moots, Dougall and Mayor , Millis I NOES: None I ABSENT: None the foregoing Ordinance was passed and adopted at this reading on the 22nd day of May, 1990. ~t(~ . M S,'MAYOR ATTEST: APPROVED AS TO FORM: - .~.~a.-~ NANCY A. VIS, CITY CLERK ,- I , I, NAOCY A. DA.VIS, City Clerk of the City of Mrayo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury that the foregoing Ordinance No. 421 C.S. is a true, full and correct copy of said Ordinance passed and adopted at a regular n-eeting of said Council on the 22nd day of May, 1990. WITNESS my hand and the Seal of the City of Mrayo Grande affixed this 29th day of May, 1990. I - ~a. Qr,laJ:'J CITY.CLERK , -----_..- -,,------..- ,,,---