HomeMy WebLinkAbout0573CoINANCE NO. 573 (1972 S -.lies)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO
REQUIRI14G ENVIRONMENTAL INTACT tiEPORTS FOR
PRIVATE PROJECTS.
WHEREAS, on September 21, 1972, the California Supreme Court ruled that the
California Environmental Quality Act of 1970 required the preparation of Environmental
Impact Reports for "private projects" as well as public projects; and
WHEREAS, said ruling created widespread confusion throughout California, and
many communities and builders have sought a stay of the effect of the Court's ruling in
order to gain time to adjust to the consequences of the ruling; and
WHEREAS, the Supreme Court has denied such a stay, but the California
Legislature has, on December 1, 1972, adopted, as an urgency measure, AB 00 .09
(Knox) which provides that said Act will not apply to private projects for the 120 day
period subsequent to said December 1, 1972; and
WHEREAS, this Council finds that environmental impact reports should be
required on private as well as public projects, that the City has already adopted and
implemented effective procedures for the preparation and review of such reports in
connection with private projects, and that a 120 day moratorium upon impact reports
for such projects at this time unnecessarily endangers both the quality of the City's
environment and the orderly planning processes of the City;
N(N-1, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. The provisions of the California Environmental Quality Act of
1970, including all amendments thereto, shall be applicable to both public and private
projects within the City of San Luis Obispo, except that the 120 day moratorium period
for private projects as set forth in AB 889 of the 1972 California Legislature shall not apply
SECTION 2. This is an emergency ordinance necessary for the protection
of the public health, safety, and welfare, and it shall take effect immediately upon its
0 adoption, provided that it is approved by at least four affirmative votes. The reasons
for urgency are: (1) the 1972 California Legislature on the last day of its 1972 session,
adopted AB 889 as urgency legislation effective at once, thereby depriving the City of
the time normally available to react to Legislative measures; and (2) the said 120
day moratorium is unnecessary within the City, and it can lead to irreparable harm
to the City's environment.
The City Clerk shall cause this ordinance to be published once within five clays
in a newspaper of general circulation, but delay in publication, or even failure to
publish, shall not affect the validity of the ordinance.
573
Ordinance No. 573 Series)
Page 2
INTRODUCED AND FINALLY PASSED by the Council of the City of San Luis
Obispo at a Regular Meeting held thereof on the 4th day of December, 1972, on
motion of Councilman Gurnee, seconded by Councilman Blake, and on the folloviinU
roll call vote:
AYES: Councilmen Blake, Brown, Graham, Gurnee and Mayor Schwartz
NOES: None
ABSENT: None
ATTEST:
a