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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.
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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:
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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
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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:
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Cit dm' a e Of K cer
City Attorney