Loading...
HomeMy WebLinkAbout0835; 0- ORDINANCE NO. 835 (1979 Series) AN INTERIM URGENCY ORDINANCE OF THE CITY OF SAN LUIS OBISPO ESTABLISHING A MORATORIUM ON ACCEPTING APPLICATIONS FOR PLANNED DEVELOPMENTS ON PARCELS SMALLER THAN ONE ACRE. &V 641( WHEREAS, the City's Planned Development (PD) District regulations presently allow PD development, upon rezoning with a PD overlay district, on parcels smaller than one acre, in some cases as small as 6,000 square feet; and WHEREAS, this Council has presently determined that PD developments on parcels smaller than one acre are inconsistent with the rationale underlying the PD district in that parcels smaller than one acre generally are of inadequate size to allow the sort of site planning which enhances the developing parcel, results in exceptional design and arrangement of buildings, provision;of open space, recreation facilities, and landscaping, and protects the welfare and privacy of adjoining properties; and WHEREAS, the Planning Commission is, and this Council soon will be, considering modifications to the zoning regulations which would, among other things, require larger minimum parcel sizes for PD developments than the current minimums; and WHEREAS, there are a great number of parcels in the city smaller than one acre which under the current PD regulations could be developed without the potential for the site planning called for in the PD regulations; and WHEREAS, the aforementioned proposed revision to the zoning regulations will not be finally considered for at least four months; and WHEREAS, Section 65858 of the California Government Code authorizes the adoption of an interim ordinance as an urgency measure prohibiting any usage of land which may be in conflict with a contemplated zoning proposal which the legislative body or Planning Commission 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: 0 835 r Ordinance No. 835 (1979 Series) SECTION 1. Notwithstanding any provision now contained in the San Luis Obispo Municipal Code, a moratorium.' is hereby imposed for a period of four months from the adoption of this ordinance on the acceptance of applications for Planned Developments under Sections 9200.18.1 through 9200.18.4 of the San Luis Obispo Municipal Code, in order to allow the Planning Commission and this Council to consider the aforedescribed proposed modification to the zoning regulations. SECTION 2. This ordinance is declared to be an ordinance for the protection of the public peace, safety, and welfare in that: The adoption of this ordinance on an interim urgency basis pursuant to Section 65858 of the Government Code is based on the recitals-first above written in this ordinance. SECTION 3. This Council recognizes the unfairness which would result in application of the moratorium herein imposed to Planned Development applications hereto- fore accepted and currently under consideration by staff or Planning Commission or this Council. Therefore, those applications are hereby specifically exempted from the operation of this moratorium. SECTION 4. This ordinance being an urgency ordinance as described above, and passed by at least four-fifths vote of this Council, shall take.effect immediately upon its passage and shall continue in effect for a period of no longer than four months; provided, however, that after notice pursuant to Section 65858 of the Government Code and a public hearing, this Council may extend the effectiveness of this interim urgency ordinance for a period of up to eight additional months. The City Clerk shall cause this ordinance to be published once within five days of final passage 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 18th day of December 1979, on motion of Councilwoman Billig seconded by Councilman Jorgensen � F a Ordinance No. 835 (19179 Series) and on the following roll call vote: AYES: Councilmembers Billig, Jorgensen, Bond and Mayor Cooper NOES: Councilman Dunin ABSENT: None ATTEST: Ar J.1f. FITZPATRICK Approved: zoo'llX& zl'o—or-1 Cit dm' a e Of K cer City Attorney