HomeMy WebLinkAbout0883ORDINANCE NO. 883 (1981 Series)
-AN INTERIM URGENCY ORDINANCE OF THE CITY OF SAN LUIS
OBISPO ESTABLISHING A MORATORIUM ON THE DEMOLITION OF
BUILDINGS AND ISSUANCE OF DEMOLITION PERMITS FOR A
PERIOD OF 90 DAYS
WHEREAS, the City -is desirous oL.adopting an'ordinance - which would allow
issuance of a demolition permit only if certain findings can be made by the
Architectural Review Commission (A:R.C.) - and /or others- appropriate City body;:
to -incl.ude...but not be limited to findings:
(a) That the proposed replacement use is incompatible
with the existing structure.
(b) That the replacement use is compatible with the
neighborhood, compatibility to be judged in terms
of guidelines similar to current A'-:�R.C. guidelines.
(c) That the replacement use incorporates the .significant
historical and architectural style of the existing
structure, if the style is determined compatible
with the neighborhood and worthy of perpetuating;
and
WHEREAS, current City law allows issuance of a permit and demolition upon
only (1) furnishing of certain physical and legal information and (2) a 45 day
ytel,
waiting period if the building is "historically, architectually or aesthetically
significant;"
NOW, THEREFORE, BE IT OR ;DAINED by the Council of the City of.San.Luis Obispo
as follows:
SECTION 1. The City Council hereby establishes a 90 day moratorium on the
issuance of any demolition permit or any other entitlement which would allow
demolition or destruction of any building or structure. Further, as to -;any previously
issued demolition permit for which the 45 day waiting period has not expired on
- r
ORDINANCE NO. 883 (1981 Series)
Page 2
April 9, 1981
or before the date of introduction and final passage of this ordinance, any
demolition privileges granted by such permit hereby are suspended; no action
to demolish, wholly or in-part, buildings or structure's_ subject -of such permit
shall occur for the moratorium period established by this section.
SECTION 2. This ordinance is declared to be an ordinance for the im-
mediate protection and preservation of the public peace., health and welfare.
Facts in support of the urgency of this ordinance are as follows:
(a) An urgency moratorium measure is necessary to
prohibit demolition of buildings and structures
which character and style may be lost forever
L to the City and its citizens absent -.the review
` described in the -recital first written above.
(b) At least one demolition permit has been requested
for which the 45 day waiting has not expired,
for demolition of a building (Sutcliffe- Elliott
Mortuary, corner of Santa Rosa and Marsh) having an
architectural and historical style worthy of re-
view regarding replacement with a similar building.
SECTION 3. This ordinance being an emergency measure for the immediate -.
protection and preservation of the public peace, health and welfare, containing
a declaration of the facts constituting the urgency and passed by `.four-.,'.
affirmative votes of the Council shall take effect immediately pursuant to
Charter Section 605 and shall continue in effect for a period of 90 days.
SECTION 4. The City Clerk shall cause tli.is ordinance to be pi.1blis11ed..within
five days in a newspaper of general circulation, but delay in publication or even
failure to publish, shall not affect its validity.
ORDINANCE NO. 883 '981 Series)
Page 3
April 9, 1981
SECTION 5. This ordinance may be rescinded by the City Council at any
time by affirmative vote of at least three members of the Council.
INTRODUCED AND FINALLY PASSED by the Council of the City of San Luis
Obispo at a meeting held on the 7th day of April, 1981, on motion of Councilman
Settle, seconded by Mayor Billig, and on the following roll call vote:
AYES: Councilmen- Settle, Bond, Dunin and Mayor Billig
NOES: None
ABSENT: None
(one vacancy)
ATTEST:
ACTING CITY CLERK AM OGES
APPROVED:
trative Officer
City Attorney
Community r lopment Director
'.. V
C. BILLIG