HomeMy WebLinkAbout0568ORDINANCE `NO, 568 (1972 Series)
AN EMERGENCY ORDINANCE OF THE CITY OF SAN LUIS
OBISPO PROHIBITING CONSTRUCTION IN THE LOS OSOS
VALLEY AND LOWER HIGUERA AREAS OF SAID CITY
PENDING IMPROVEMENT OF THE CITY'S WATER SYSTEM
TO PROVIDE AN ADEQUATE AND RELIABLE WATER SUPPLY
FOR SAID AREAS,
BE IT ORDAINED by the Council. of the City of San Luis Obispo as follows:
SECTION 1. Necessity and Purpose.
The City's existing water supply system in the Los Osos Valley and Lower Higuera
yeas of the City, as more specifically described in Section 10 hereof, is inadequate to
maintain sufficient water pressures and flows necessary to assure the furnishing at all
times of water of the quality necessary to safeguard public health and in the quantity necessary
for minimum fire -flow purposes.
Said inadequacy is caused by two factors, namely:
1. All water for the water mains serving said areas is first circulated through
the limited water system in the City's downtown section, which system was originally
designed to fulfill only the water needs of said downtown section, and is then delivered
to the water mains in the Los Osos Valley and Lower Higuera areas through one
common supply point located in the general vicinity of the intersection of Higuera
Street and Madonna Road. The combination of circulation through the downtown
section and delivery through one common supply point creates a constriction which
prevents adequate water flows from reaching said areas during periods of high flow
requirements.
2. The present water mains from the point of the constriction to said areas were
designed to supply water for a lesser population and for a lesser degree of commercial
activity than now exists in said areas.
It is estimated that it will take approximately two years of diligent effort by the City to
redesign and improve the water system to provide the water pressures and water flows
reasonably necessary for the protection of the public health, safety and welfare in said areas.
This Council therefore finds that there exists an emergency situation dangerous to The
public health, safety and welfare in said areas until said improvements have been accomplished
and further finds that during the period of said emergency it is necessary to prohibit construction
which would provide housing for additional population or which would increase the fire hazards
in said areas.
Ordinance No. 568
Expired November 1, 1974 by
operation of law.
SECTION 2, Definitions,
For the purposes of this ordinance, the definitions in Part II of the Uniform
Building Code, 1970 Edition, Volume I, shall apply.
SECTION 3. Prohibition Against Construction.
Except for construction specifically exempted under the provisions of Section 4 hereof,
no person shall construct any building, or portion thereof, and no person shall move in or
otherwise instal]. any building, including any mobilehome, upon any real property situated
within the Los Osos Valley or Lower Higuera areas of the City, as said areas are more
specifically defined and described in Section 10 hereof.
No permit shall be issued for the construction or installation of any building or
mobilehome contrary to the provisions of this section, and no permit shall be issued for
the occupancy of any building or mobilehome which is constructed or installed contrary to the
provisions hereof.
SECTION 4. Exemptions.
The provisions of Section 3 shall not apply to the following types of construction:
1. Construction authorized by a valid and unexpired building permit which was
issued by the City on or before October 24, 1972.
2. Construction which is served by an acceptable alternate water supply system
which satisfies the criteria established by the Water Director in the report entitled:
REPORT ON THE INSTALLATION OF TEMPORARY WATER SUPPLIES TO NEW
DEVELOPMENTS IN THE LOWER HIGUERA AREA AND THE LOS OSOS VALLEY,
dated November, 1972, a copy of which is on file in the office of the Water Director.
Any such alternate water system shall be installed, operative and approved by the
City prior to commencement of combustible construction.
3. Construction of alterations or additions to existing single family residences.
✓ 4. Construction of single family residences upon fully improved lots in subdivisions
which have been accepted by the City prior to the adoption of this ordinance.
5. Construction of mobilehomes within mobilehome parks, or portions thereof,
which were fully developed and improved, or within which the installation of
improvements and utilities had actually commenced, prior to the adoption of this
ordinance.
6. Construction of swimming pools.
7. Construction of temporary offices and storage facilities reasonably necessary in
connection with authorized construction or development activity.
8. Construction of public works other than buildings,
SECTION 5. Water nartment Responsibilities.
The Water Department is assigned the primary responsibility for the planning and
completion of a project to redesign and improve the water system to provide a water supply
in the Los Osos Valley and Lower Higuera areas which will reasonably protect the public
health, safety and welfare, and which will support future developments therein as contemplated
by the current and the pending general plans. All other departments shall provide project
assistance on a priority basis whenever requested by the Water Director or City Administrative
Officer.
The Water Director shall expedite the selection of a consultant, the development
of plans and specifications, the acquisition of necessary real property and easements, the
awarding of contracts, the progress of the project, and all other things reasonably necessary
and prudent to provide an adequate water supply at the earliest possible date. He shall submit
a detailed progress and status report to the Council each month.
SECTION 6. Planning Department to Prepare Impact Statement.
The Planning Department is assigned the primary responsibility for the preparation
on a priority basis of any Environmental Impact Statement which may be required for the project
authorized herein.
All decisions concerning the necessity for an Environmental Impact Statement,
and all procedures in connection with the preparation, public hearing and consideration
of said statement shall be governed by the Rules and Regulations then in effect for private
projects, except that there will be no report from the "developer" to consider.
SECTION 7. Administrative Officer to Advise Council.
The City Administrative Officer is assigned the primary responsibility for determining
the availability and source of funds for the water system improvement project authorized
herein, tentatively estimated to cost approximately Five Hundred Thousand Dollars ($500, 000.00)
He shall also consider and advise the Council concerning possible new or additional
taxes, fees or other sources of revenue sufficient to update and maintain the whole of the City's
water system,
SECTION 8. Fire Department to Survey Static Water Sources.
The Fire Department is directed to compile and keep current a listing of all static water
sources in the Los Osos Valley and Lower Higuera areas of the City and to analyze the
capabilities of existing fire equipment and draft hydrants to utilize said static water sources.
The Fire Department shall also formulate plans and train fire personnel in any special fire
suppression techniques that may be required to be employed during this emergency period.
The Fire Department shall submit a report concerning the above matters to the Council
within thirty days after the adoption of this ordinance, together with recommendations as to the
manner in which the City can most effectively utilize said static water sources for fire
suppression purposes.
SECTION 9. Other Development Activities Not Affected.
This ordinance prohibits only the construction of buildings and the installation of
mobilehomes in said areas, and it does not prohibit activities related to annexation,
planning, zoning, grading, installation of public improvements, or any other activity which
is preparatory to actual construction work. However, to avoid any claim of a vested.
right arising from such other activities which might be held to supersede the provisions
of this ordinance, all ordinances, resolutions, permits, subdivision maps, development
plans, and similar documents adopted, issued, or approved by the City during the effective
period of this ordinance, and which concern real property in said areas, shall contain in
bold type thereon the following wording:
"THIS DOCUMENT IS SUBJECT AT ALL TIMES TO
THE PROVISIONS OF SAN LUIS OBISPO CITY ORDINANCE
NO. WHICH PROHIBITS CONSTRUCTION ON THE
REAL PROPERTY AFFECTED HEREIN UNTIL THE CITY
WATER SYSTEM HAS BEEN IMPROVED TO PROVIDE
ADEQUATE WATER TO SAID PROPERTY. "
SECTION 10. Description of Real Property Affected by This Ordinance.
The Los Osos Valley and Lower Higuera areas within which construction is prohibited
by this ordinance include all property presently within the city limits which receives any
portion of its water supply through City water mains which extend southerly or westerly from
the vicinity of the constricting common supply point referred to in Section 1 hereof, as
shown on the map below. Said areas shall also include any additional territory which may
be annexed to the City while this ordinance is in effect, and which receives any portion of
its water supply through said common supply point.
(continued)
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.SECTION 11. Violations.
All construction work contrary to the provisions of this ordinance shall be prosecutable
as a misdemeanor and shall constitute a public nuisance. The provisions of Municipal Code
Sections 1200 (a), 1200 (b), and 4400 through 4400.16 shall be applicable to all such construction,
and the City may enforce the provisions of this ordinance by the application of any or all of
said Code Sections, at the sole discretion 6f the City.
SECTION 12 . Terrr.___a tion Date,
The provisions of this ordinance shall cease and be of no further force and
effect on and after November 1, 1974, unless extended by a separate ordinance adopted
after the holding of a duly noticed public hearing to consider the necessity for such an
extension.
SECTION 13. Immediate Effect.
This is an emergency ordinance necessary for the protection and preservation of
the public health, safety and welfare, and it shall take effect immediately upon its adoption,
provided that it is approved by at least four affirmative votes. The reasons for urgency
are the dangers to public health and to life and property which presently exist as a result
of the City's inadequate water system. in the affected areas, and the necessity that the
City take immediate action to prohibit future construction which would increase the said
clanger through increased water usage and greater fire -flow requirements.
The City Clerk shall cause this ordinance to be published once within five days
in a newspaper of general circulation, but delay in publication, or even failure to publish,
shall not affect the validity of the ordinance.
INTRODUCEDAND FINALLY- PASSED by the Council of the City of San Luis Obispo
at a Regular Meeting held thereof on the 6th day of November , 1972, on motion
of Councilman Gurnee , seconded by
roll call vote:
AYES:
NOES:
ABSENT:
ATTEST:
Councilman Graham
, and on the following
Councilmen Blake, Brown, Graham, Gurnee and Mayor Schwartz
None
None