HomeMy WebLinkAbout0550ORDINANCE NO. 550 (1972 6eries)
AN EMERGENCY ORDINANCE OF THE CITY OF SAN
LUIS OBISPO PROHIBITING THE ISSUANCE OF PERMITS
FOR GRADING WHICH WILL CAUSE SUBSTANTIAL
DAMAGE TO THE ENVIRONIJENT OR WILDLIFE UNTIL
THE APPLICANT HAS OBTAINED.A TENTATIVE MAP .
OR USE PERMIT AUTHORIZING SUCH GRADING.
WHEREAS, effective IMa.rch 4, 1972, California Business and Professions Code
Section 11549.5 (e) imposed the duty upon the City of San Luis Obispo to "deny approval
of a final or tentative subdivision map" if the City finds "that the design of the subdivision
or proposed improvements are likely to cause substantial environmental damage or
substantially and avoidably injure fish or wildlife or their habitat "; and
WHEREAS, California Business and Professions Code Section 11550.1 provides a
procedure by which the City may obtain an evaluation from the California Office of
Intergovernmental Management of the environmental impact of a proposed subdivision; and
WHEREAS, the City's present grading ordinance, Municipal Code Sections 8120 (k)
et sdq., authorizes the issuance of permits for grading operations without any reference to,
or evaluation of, possible damage to the environment or injury to fish or wildlife; and
WHEREAS, this Council finds that under present laws the City can and will be
frustrated in its efforts to carry out the duties and obligations placed upon it by the
aforesaid provisions of Business and Professions Section 11549.5 (e), in that persons
contemplating the future development of real property are currently able to avoid the
aforesaid State law for the protection of the environment and wildlife by carrying out
destructive grading operations prior to making application for a use permit or prior to
filing a tentative map in connection with the contemplated development; and
WHEREAS, the desirable environmental and wildlife features now existing in the
City are an essential part of the economic well being of the City as a tourist center and as
a pleasant place to live; and
WHEREAS, it is urgent that the provisions of the said grading ordinance be
supplemented immediately to ensure that the City will be able to effectively protect the
environment and wildlife in accordance with the intent and purpose of State law and in the
best interests of the City.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo
as follows:
SECTION 1 - The San Luis Obispo Municipal Code is hereby amended by adding to
Article VIII, Chapter 1, Part II thereof Section 8121 as follows:
Ordinance No.
Page 2
"Section 3121. Grading Operations Threatening Damage to Environment
550 (1972 Series)
or Wildlife.
The City Engineer shall analyze all applications for grading permits
to ascertain whether or not the proposed grading operations are
likely to cause substantial environmental damage or substantially
and avoidably injure fish or wildlife or their habitat.
If in his opinion such damage or injury is likely to be caused by the
proposed grading, he shall not issue the grading permit until the
applicant demonstrates to the satisfaction of the City Engineer that
the proposed grading is in accordance with a tentative map or use
permit which has been finally approved by the City.
The provisions of this section may be waived by the Planning
Commission if it finds that the proposed grading is not likely to
cause the aforementioned damage or injury, and may be further
waived by the City Engineer if in his opinion the proposed grading
is urgently necessary for the protection of the public health,
safety or welfare.
Any person aggrieved under the terms of this ordinance may
appeal pursuant to the appeal provisions of Municipal Code
Section 9200.16H. "
SECTION 2. This Ordinance is hereby declared to be necessary as an urgent and
emergency measure for preserving the public health, safety and welfare. The reasons for
its urgency are that the Council has found that the City is unable without this ordinance to
adequately and effectively carry out its obligations under existing State law to prevent
substantial damage to the environment and wildlife, and that the ordinance must take effect
at once to provide members of the City staff with sufficient direction and control in
relation to applications for grading permits which threaten such damage.
SECTION 3. This ordinance shall take effect immediately upon approval of a four
fifths vote of the City Council. The City Clerk shall publish this ordinance at least once
in full in the Telegram Tribune at the earliest opportunity. However, failure to so publish
shall have no effect upon the validity or effective date of this ordinance.
4
Ordinance No. 550 (1972 Series)
Page 3
INTRODUCED AND FINALLY ADOPTED at the Regular Council Meeting on
the 15th day of Mav 1972, on motion of hSayor Schwartz seconded
by Councilman Gurnee, and on the following roll call vote:
AYES: Councilmen Brown, Graham, Gurnee and k /Ayor Schwartz
NOES: Councilman Blake
ABSENT: None
ATTEST:
erk