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Home My WebLink About0729URGENCY ORDINANCE NO. 729 (1977 Series) AN INTERIM URGENCY ORDINANCE DECLARING A MORATORIUM ON THE LSSUANCE OF BUILDING PERMITS FOR THE CONSTRUCTION OF STRUCTURES ON BULLOCK LANE PROPERTY IN THE CITY OF SAN LUIS OBISPO. WHEREAS, City Council, to protect the public health, safety and welfare, is revising the zoning regulations to make them consistent with the general plan and is particularly considering the appropriate zoning for the following described property: and The Southeasterly one -half of Lot 133 of the San Luis Obispo Suburban Tract, in the City of San Luis Obispo, according to map recorded February 7, 1906, in Book 1 at Page 52 of Record of Surveys. WHEREAS, the uses of property presently permitted by the zoning regula- tions for said property may conflict with amendments to the zoning regulations which are ultimately adopted; and WHEREAS, Section 65858 of the California Government Code authorizes the adoption of an interim ordinance as an emergency measure in prohibiting any usage of land which may be in conflict with a contemplated zoning proposal which the legislative body, planning commission or community development depart- ment is considering or studying or intends to study within a reasonable period of time; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Notwithstanding any provision now contained in the San Luis Obispo Municipal Code, a moratorium is hereby imposed for a period of four (4) months following the adoption of this ordinance on the issuance of any building permits for the construction of any structure on the following described land: The Southeasterly one -half of Lot 133 of the San Luis Obispo Suburban Tract, in the City of San Luis Obispo, according to 0 729 Urgency Ordinance No. 729 (1977 Series) map recorded February 7, 1906, in Book 1 at Page 52 of Record of Surveys,.; in order to provide adequate time for the City Council to study the existing zoning regulations and determine whether they require amendment as applied to said property in order to protect the public health, safety and welfare. SECTION 2. No building permit shall hereafter be issued for the con- struction of any structure on the above described property during the period this ordinance is in effect. SECTION 3. Declaration of emergency. This ordinance is declared to be an ordinance for the immediate protection of the public health, safety and general welfare. The facts constituting the urgency are as follows: The adoption of this ordinance on an emergency interim basis pursuant to Section 65858 of the Government Code is based upon finding by the Council that an emergency measure is needed to prohibit any land usage which may be in conflict with a contemplated zoning proposal which the City Council, planning commission or community development department is considering or studying or intends to study within a reasonable period of time. SECTION 4. Effective date. This ordinance being an emergency ordinance for the immediate protection of the public safety, health and general welfare, containing a declaration of the facts constituting the urgency and passed by a four - fifths (4/5) vote of the Council shall take effect immediately upon its adoption and shall continue in effect for a period of no longer than four (4) months; provided, however, that after notice pursuant to Section 65856 of the Government Code and a public hearing, the Council may extend the effectiveness of this interim ordinance for a period of eight (8) months. 0- Urgency Ordinance No. 729 (1977 Series) The City Clerk shall cause this ordinance to be published once within five (5) 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 lst day of November , 1977, on motion of Councilman Petterson and on the following roll call vote: seconded by Councilman Jorgensen , AYES: Councilmen Petterson, Jorgensen, Settle and Mayor Schwartz NOES: Councilman Dunin ABSENT: None ATTEST: F iii: % %�/� �•f / • Approved as.to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LILLEY City Attorney ,"-'A . w By Allen Grimes Approved as to content: AMOQ City Administrative Offi U(" Associa V lanner MEMORANDUM MEMORANDUM MEMORANDUM MEMORANDUM February 14, 1978 07 ' �Ef �1 1978AGAWDA ITEM #1~ 14 14 at SA t4u DIC DEPARTMENT OF COMMUNITY DEVEL`f7PRRENT - -.. Post Office Box 321 • San Luis Obispo, CA 93406 • 805/541 -1000 TO: Richard D. Miller, Administrative Officer FROM: Terry Sanville, Associate Planner SUBJECT: Eight month time extension of Ordinance No. 729 In November 1977 the City Council held public hearings to adopt new zoning in the Edna planning area (the south -east corner of the city). At these hearings the council decided that R -2 residential zoning for a five -acre lot at 3750 Bullock Lane should not be adopted. The council decided that use of this property for housing may be premature at this time. As a result of the zoning hearings the council initiated an amendment to the general plan to show the property as interim agriculture instead of medium density residential. The council also adopted urgency Ordinance No. 729 which prohibits development of this property until the general plan and zoning issues are resolved. This ordinance expires March 1, 1978. Therefore, the staff is requesting an eight -month time extension to allow the Planning Commission and council to complete the general plan amendment hearing.and establish appropriate zoning on the property. So far the Planning Commission has already reviewed the general plan designa- tion of this parcel and has recommended that the plan be changed to show it as "interim agriculture ". The staff has scheduled a council meeting for February 28 to consider the Planning Commission's recommendations for amending the general plan. We anticipate that further rezoning of the Bullock Lane property can be finalized within 60 to 90 days of the February 28 meeting. RECOMMENDED ACTION Approve the eight -month time extension of Ordinance No. 729.J TS:rb February 14, 1978 I recommend that council adopt ordinance providing for 8 -month extension on an emergency basis effective immediately. RDM:mp February 7, 1978 FEB 1978CENDA ITEM # /9 APPROVED ( ) DENIED city of sAn l i§ 091wo JL- CITY ATTORNEY'S OFFICE Post Office Box 321 • San Luis Obispo, CA 93406. 805/541 -1000 MEMORANDUM: To . Richard D. Miller, City Administrative Officer From . Allen Grimes, City Attorney Subject . Ordinance No. 729: moratorium re Bullock Lane property Reference is made to the memorandum on the above subject to you from Fitz dated February 2, 1978. Government Code Section 65858 relating to interim ordinances as emergency measures for zoning requires for an extension of the ordinance that notice be given pursuant to Section 65858 of the Government Code, a public hearing conducted and a 4/5 vote of the Council. By this means, the ordinance could be extended for eight months. The notice must be given, the public hearing held and extension ordinance adopted prior to the time that the initial moratorium ordinance expires. AG:ktm cc: J. H. Fitzpatrick Henry Engen 197CAGENDA ITEM # / ( ) APPROVED ( ) DEWIED { ) CONTINUED TO aay � N O T I C E P U B L I C H E A R I N G NOTICE IS HEREBY GIVEN that the City Council of the City of San Luis Obispo will hold a public hearing to consider the extension of Interim Ordinance No. 729 (1977 Series) declaring a moratorium of issuance of building permit for construction of structures on 3750 Bullock Lane for an additional 8 month period. SAID PUBLIC HEARING will be held Tuesday, February 21, 1978 at Tuesday, February 21, 1978 at 7:00 p.m. at City Hall in the Council Chambers, 990 Palm Street, San Luis Obispo, California. DATED: February 10, 1978 sZ J. H. FITZPATRICK J.H. Fitzpatrick, City Clerk r 7