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O 405 C.S. V-") 'd:iV:k<~I~ ' (),) 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 ---- -"-----,. .10.1 , ( L.:. 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~ -2- ----...- . . - . ,~Ou . . ,'~-. "" '. . . .. 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: ~~a'*J~ NANCY DA S City Clerk -3- , , _.~-,-_._- ---~-