O 364 C.S.
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ORDINANCE NO. 364 C.S.
AN INTERIM URGENCY ORDINANCE
OF THE CITY OF ARROYO GRANDE
PROHIBITING APPROVAL OF PERMITS
OR OTHER AUTHORIZATIONS
ALLOWING AN INCREASE IN HEIGHT OF
EXISTING RESIDENCES, OR NEW RESIDENCES
WITH A HEIGHT EXCEEDING 15 FEET IN R-1 ZONES
WHEREAS, this Council desires within a reasonable time to study
proposed and contemplated zoning proposals which could more effectively
regulate residential construction in R-1 and R-1 combining zones to guard
against loss of viewsheds by existing residents, which loss is often
thoughtless, needless, and detrimental to existing property values, and
to the public health, safety and welfare,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES
ORDAIN AS FOLLOWS:
Section 1
This Council hereby finds and declares that it is necessary and
appropriate for the City to contemplate and study zoning proposals to
establish regulations and procedures for the review and control of residential
building permits in R-1 and R-1 combining zones which are not currently
subjected to bulk, height, and architectural review, thereby creating
dissension between neighbors, loss of property values, and deterioration
of the community's quality of life.
Section 2
Pursuant to the authority of California Government Code 65858,
and notwithstanding the provisions of any other City ordinance, regulation,
or plan, the City Council hereby orders that no permits, approvals, or
other entitlements shall be granted or issued during the effective period
of this ordinance which would authorize an increase in height in an existing
residential unit, or which would authorize the construction of any new
residential unit more than 15 feet in height, on any real property parcel
in the R-1 zone, or any R-1 combining District.
Section 3
This Ordinance shall not apply to properties situated in City approved
Planned Development zones with required architectural review of all new
or remodeled residences.
Section 4
This Ordinance shall not prevent approval or occupancy of new or
enlarged residential units for which construction had already begun pursuant
to valid building permits issued prior to the adoption of this ~inance.
Section 5
Nothing herein shall be construed or applied to prohibit the right
of any parcel owner to have one residential unit no more than 15 feet
in height on each parcel of record in the R-1 zone. If any property
owner claims or alleges that the prohibitions herein prevent him from
all use, or any substantial use, of his property, said Owner shall have
the right to apply for a variance setting forth in detail the reasons
for his claim or allegation. The Planning Commission's decision denying
or approving the variance shall automatically be appealed to the City
Council for final consideration and decision, City administrative procedures
shall not be deemed to be exhausted until a final decision on the requested
variance has been made by the City Council.
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PAGE 2 - ORDINANCE 364 C.S.
Section 6
Upon adoption by a four-fifths vote of the Council, this Ordinance
shall become effective immediately as an interim urgency ordinance for
the protection of the public health, safety and welfare. The reasons
for the urgency ordinance include the fact that in-fill, reconstruction
and remodeling in established R-1 residential neighborhoods appears to
be increasing, and the City has grossly inadequate regulations and procedures
to protect existing residents from substantial diminution of their existing
viewsheds, and of the neighborhood's character and ambience, as structural
height and bulk increases occur on nearby parcels, all of which adversely
affect the economic value of existing properties and the neighborhood's
quality of life. The foregoing poses a current and immediate threat
to the public health, safety or welfare, and approval of additional building
permits in R-1 areas without more effective regulations and procedures
would result in a threat to the public health, safety or welfare.
Section 7
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 8
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 Moots, seconded by Council Member Johnson,
and on the following roll call vote, to wit:
AYES: Council Members Moots, Johnson, Porter, Millis and Mayor
Mankins
NOES: None
ABSENT: None
the foregoing Ordinance was passed and adopted at this reading on the
29th day of October, 1987.
j~ L'~"b. ~~
MAYOR
\ ATTEST: ~~.I~
) CITY C R
I, NANCY A. DAVIS, City Clerk of the City of Arroyo Grande, County
of San Luis Obispo, State of California, do hereby certify under penalty
of perjury that the foregoing Ordinance No. 364 C.S. is a true, full
and correct copy of said Ordinance passed and adopted at a regular meeting
of said Council on the 29th day of October, 1987.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed
this 2nd day of November, 1987.
~ (1. A~u~J
C IT CLERK
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