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O 407 C.S. '::s'" J.."U 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 -,.,--- -- ,.,--------- , " \.-. ,~i 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: A VRC:. "",,""nl1 Mc....h........ 1"\......_...11 C'_r..", "1___ ..- -..- - ,-~ .... .,. ....... 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. . ~~: -- ------ ;It , CHRIS Cit Attorney City M -0 '- -,,__.__,_.., __M ---,---. ...'--.-