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HomeMy WebLinkAbout0575ORDINAI4CE NO,. 57.5 (1973 Series) AN URGENCY ORDINANCE OF THE CITY OF SAN LUIS OBISPO PROHIBITI IG BUILDING CONSTRUCTION AND MADING WORK IN FLOG% -Pr ONE AREAS AND ADJACENT TO WATERWAYS PENMING REVIEW OF NEED FOR ADDITIONAL LAND USE CONTROLS IN SAID AREAS. WHEREAS, the disastrous flood of January 18, 1973, indicates that for the protection of the public health, safety and welfare the City must adopt more comprehensive regulations concerning the use of land which is subject to periodic flooding; and WHEREAS, California Government Code Section 65858.authorizes this Council to adopt as an urgency measure an interim ordinance prohibiting land uses which may be in conflict with contemplated zoning proposals which the City is studying or intends to study within a reasonable length of time. NOVI, THEREFOI:E, BE IT ORDAINED by the Council of the City of Nan Luis Obispo as follows: SECTION 1. All construction of new structures and all grading wort; is hereby prohibited upon all land shown upon the City's recently adopted General Plan as "Flood Prone" areas, and upon all other land which was actually flooded or inundated during the flood of January 18, 1973. Said "flood prone" and "flooded" areas are set forth in detail upon "Exhibit A" map, attached hereto, and thereby incorporated herein. SECTION 2. All construction of new structures and all grading wort: is hereby 1 prohibited within twenty (20) feet of the top of the banks of all lakes, creeks, drainage `— channels and other waterways within the City as shown upon "Exhibit B" map entitled "Waterways in Area", attached hereto, and thereby incorporated herein. However, if a property owner establishes to the satisfaction of the Planning Commission that "Exhibit B" erroneously designates . any portion of his real property as a waterway, said portion shall not be considered a waterway for the purposes of this section. SECTION 3. The prohibitions herein shall not apply to: (a) Public V-1 orks . (b) Rehabilitation or repair wort: which is reasonably necessary to restore buildings or premises which have been damaged by flood, fire, earthquake or other natural disaster, and which wort: can be accomplished at a cost of less than twice the assessed value of the building involved. (c) Emergency work necessary for the protection of the public health, safety and welfare. (d) Private projects specifically approved by the City Council for the construction of retaining walls, culverts, bridges and similar public wor:;s type structures. 117-7c� Ordinance No. 575 1 aeries c > Page 2 SECTION a. The Planning Department and the Planning Commission are hereby directed to consider whether or not it may be necessary for the City to adopt additional zoning ordinances for the regulation and control of building construction and grading activities in areas subject to flooding and in areas adjacent to the City's waterways, and to report their conclusions thereon to this Council on or before April 20, 1973. SECTION 5. This ordinance is adopted as an emergency measure for preserving the public health, safety and welfare, and it shall take effect at once upon its passage by at least four affirmative votes. The reasons for urgency are that this City has just suffered its second disastrous flood in four years, with public and private property loss estimated at $6, 250, 000. 00, and it appears that more effective land use regulation and control are necessary to prevent even greater damage in future floods. 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. INTRODUCED AND FINALLY PASSED by the Council of the City of San Luis Obispo at an Adjourned Regular Meeting thereof Geld on the 9th day of February, 1973, on motion of Councilman Gurnee, seconded by Councilman Graham, and on the following roll call vote: AYES: Councilmen Brown, Graham, Gurnee and Mayor Schwartz NOES: Councilman Blake ABSENT: None ATTEST: U �`