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SUPERCEDED BY 0 839
ORDINANCE NO. 689 (1976 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO
AMENDING ARTICLE II, CHAPTER 8, SECTIONS
2800 - 2800.3 and 2800.5 OF THE MUNICIPAL
CODE,'REGARDING RESOURCE CAPABILITIES.
BE IT ORDAINED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Article II, Chapter 8, Sections 2800 through 2800.3
of the Municipal Code are hereby amended to read as follows:
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Or—�
ARTICLE II, CHAPTER 8
SECTION 2800. Resource Capability.
The City shall develop and maintain up -to -date and reliable information
on the current and future capability of the City's basic resources as follows:
A. Level 1. Life and Safety Support Systems.
(1) Water - supply, distribution, availability for fire
suppression.
(2) Sewer - collection and treatment.
(3) Flood Control - storm drainage.
B. Level 2. Safety and Security Services, and General Resources.
(1) Fire.
(2) Police.
(3) Circulation - pedestrian and vehicular.
(4) Social, cultural, and educational - youth centers,
libraries, and schools.
(5) Parks and open space.
(6) Land by use category.
(7) Air quality and airshed capacity.
SECTION 2800.1. Determination Required by Department .Heads.
. A. Level 1.- No authorization or entitlement for new development or
construction, and no agreement or other arrangement requiring the City to
commit or reserve any increased portion of its resource inventory for the
use of any other entity, agency or organization, shall b.e approved or
issued by the City prior to the filing of a written statement by the
Director of Community Development determining that the proposed development
or construction can be adequately accommodated without overloading the City's
Level 1 resources which already exist, or which will be in existence prior
to construction or occupancy.
Said authorizations or entitlements shall include, without limitation,
building permits, use permits, subdivision and parcel maps, planned develop-
ments, rezonings, annexations, and all other actions or projects which could
result in an increased burden upon the City's Level 1 resources.
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B. Level 2 - The .Community Development Department shall review and
analyze each request for any such authorization or entitlement or for any
such agreement or arrangement to determine the impact thereof upon the
City's Level 2 resources. If the granting of said request would over-
burden any Level 2 resource, the department shall prepare a report and
the City shall hold hearings thereon as hereinafter set forth. However,
the overburdening of said resource shall not be a reason for the depart-
ment to withhold or delay approval of said request.
SECTION 2800.2. Report to Planning.Commission.
If any request for construction, development or other City approval
or agreement is not issued pursuant.to the Level 1 provisions of Section
2800.1, the Director of Community Development shall file a report with
the Planning Commission. Said report shall include, without limitation:
(1) A detailed description of the City facility inadequacies which
prevent preparation of said statement;
(2) A detailed graphic and written description of the total area
affected by said facility inadequacies; and
(3) Recommendations for the correction of said inadequacies.
The report shall be filed with the Planning Commission within fourteen (14)
calendar days after the application for the entitlement has been presented
to the department.
For Level 2 deficiencies, the department shall determine if immediate
corrective or mitigation action (e.g., acquisition or urgency ordinance)
appears warranted. If so, a report shall be submitted and processed as
provided for Level 1 considerations, concurrent with hearings on the
project. If no immediate action by the City is recommended, the response
to Level 2 deficiencies shall be compiled and reported quarterly at
hearings for that purpose each January, April, July and October.
SECTION 2800.3. Review by Planning Commission.
Upon receipt of. the report, the Planning Commission shall hold one
or more public hearing(s) concerning the City facilities needed to provide
adequate service for the proposed development or agreement, and within
fourteen (14) calendar days after the conclusion of the hearing the
Commission shall submit a report to the Council recommending additional
facilities, zoning changes, or other.remedial mitigation measures deemed
necessary by the Commission.
Unless the Planning Commission considers any project or cumulative
effect of the Level 2 deficiencies as compiled and reported quarterly to
require immediate Council action, the quarterly reports shall be compiled
and reported annually to the City Council at its first regular meeting each
February, or concurrent with consideration of the Capital Improvement
Program, Annual Budget or General Plan Revision, whichever is most related.
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SECTION 2. Article II, Chapter 8, Section 2800.5 of the Municipal
Code is hereby amended to read as follows:
SECTION 2800.5. Exemptions.
The prohibitions herein shall not apply to:
(1) Construction authorized by a valid and unexpired building
permit which was issued by the City on or before January 2, 1975.
(2) Construction of alterations or additions to existing dwelling
units which do not constitute a division of any dwelling unit into two
(2) or more units.
(3) Remodeling, repair or construction which does not increase the
occupancy load or change the intended use of a structure.
(4) Construction of single family residences upon fully improved
lots in subdivisions which have been approved by the City prior to
January 2, 1975. "Fully improved" shall mean that curbs, gutters, streets,
and all utilities have been already installed.
(5) Placement 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 January 2, 1975.
(6) Construction of public works other than buildings.
(7) Construction which has been specifically approved by the City
within the past twelve (12) months after compliance with the procedures
set forth herein; provided, however, the Director of Community Development
may extend the time limitation to twenty -four (24) months if he finds
(1) that the applicant has proceeded with reasonable diligence, and (2)
that the project is of such magnitude that the additional time is reason-
ably required.
SECTION 3. This Ordinance, together with the ayes and noes, shall
be published once iR full, at least three days before its final passage,
in the Telegram - Tribune, a newspaper published and circulated in said
City, and the same shall go into effect at the expiration of thirty (30)
days after its said final passage.
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INTRODUCED AND PASSED TO PRINT by the Council of the City of San
Luis Obispo at a Regular Meeting held on the 7th day 6f December
1976, on motion of CoMay6r Schwartz , seconded by Councilman Norris
and on the following roll call vote:
AYES: Councilmen Graham, Gurnee, Norris, Petterson, and Mayor
Schwartz
NOES: None
ABSENT: None
ATTEST:
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE $ LILLEY
City Attorney
By Allen Grimes
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Approved as to content:
t
City Administrative Oftftcer
FINALLY PASSED this 21st day of December 19 76 ,
by the following roll call vote:
AYES: Councilmen Petterson, Graham, Gurnee and Mayor Schwartz
NOES: None
ABSENT: Councilman Norris
ATTEST:
,Ogffy'
CLERK J.H. FITZPATRICK