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Home My WebLink About0589J 1 ORDII .-iAidCE ?10. 539 (1973 Series) Aid ILITERIH URGENCY ORDIPIA 1C OF THE CITY OF SAiJ LUIS OHISPO E'STE11DI1:4G 1"i'E rR.01TILITIMIS AGAI 4ST COOSTRUCTIOM A%1D GPADII41G IP CERTAI ARIAS V11ICH FLOODED, PENDING R :VIEW OF THE GELD FOR ADDITIONAL LAUD US L COMITROLS I:; SAID AREAS. VA-MMAS, the disastrous flood of January 13, 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 vehich is subject to periodic flooding; and v1HERLAS, pursuant to the authorization contained in California Government Code Section 65053, the City on February 9, 1973, adopted Urgency Ordinance Ito. 575 which, among other things, pro- hibited construction and grading activities in areas which actually flooded on January H, 1973; and MhEREAS, the prohibitions of said Ordinance No. 575 expired on June 9, 1973, as provided in said Government Code Section, but said section authorizes further extension of such prohibitions as to any land uses which may be in conflict with zoning proposals which the City is studying or intends to study within a reasonable time; and 1'THEREAS, the City has approved an application for Federal Flood Insurance and as a condition thereof, the City is required to adopt and enforce stringent controls over developments in flood hazard areas; and WILREAS, the City is currently studying the open space, con- servation and waterways elements of the General Plan, each of which is reasonably expected to require the study of new zoning proposals for certain flood hazard areas. IOW, TI EREFORE, BE IT ORIDAItIED by the Council of the City of San Luis Obispo as follows: SECTIOJ 1. All construction of new structures and all grading wort; is hereby prohibited within those undeveloped areas of the City which flooded on January 13, 1973, and which are generally described as: ORDINAUCr NO. 509 (1973 Series) Page 2 (a) The Laguna Lake area; (b) The Froom Creek area, south of Los Osos Road and west of Highway 101. (c) The South Higuera area from Elks Lane Road to the south City limits. Said areas are more specifically set forth upon Exhibit "A " map, attached hereto, and thereby incorporated herein. A list of all properties included in said prohibition by Assessor's Parcel plumber shall be maintained on file in the office of the City Clerk and the City Engineer for public inspection. SECTION 2. The prohibitions herein shall not apply to: (a) Public Works; (b) Rehabilitation or repair work which is reasonably necessary to protect -or restore buildings or premises which have been damaged by flood, fire, earthquake, or other natural disaster. (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 works type structures or waterways improvements. SECTION 3. The Planning Commission, the Waterways Planning Board, and the City staff are hereby directed to expedite the consideration of all measures, including possible changes to the zoning ordinance, which may be required to assure that land uses within the above described flood areas do not endanger the public health, safety and welfare. SECTION 4. Pursuant to the provisions of California Govern- ment Code Section 65350, the prohibitions herein shall be of no force and effect on and after February 9, 1974; provided, however, ORDINANCE NO. 589 (1973 Series) Page 3 that said prohibitions may thereafter be extended for one additional year upon public notice and hearing if deemed necessary by four - fifths vote of the Council. SECTIO0 5. This Ordinance is adopted as an interim Ordinance for preserving; the public health, safety and welfare under the authority of California Government Code Section 65858, and it shall take effect at once upon its passage by at least four affirmative votes. 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 a Regular Meeting thereof held on the 30th day of jj j , 1973, on motion of Councilman Gurnee seconded by Councilman Graham and on the following roll call vote: AYES: Councilmen Brown, Graham, Gurnee, Mayor Schwartz HOES: Councilman Norris ABSEOT: :.done ATTEST: