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.ORDINANCE NO. 851 (1980 Series)
AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SAN LUIS OBISPO EXTENDING URGENCY
ORDINANCE NO. 835 ESTABLISHING A MORATORIUM ON
ACCEPTING APPLICATIONS FOR PLANNED DEVELOPMENTS ON
PARCELS SMALLER THAN ONE ACRE.
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 presently has 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,
y results in exceptional design and arrangement of buildings, provision of open
space, recreation facilities, and landscaping and protection of the welfare of
adjacent 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 size 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 City Council adopted urgency Ordinance No. 835 on December 18,
1979, establishing a moratorium on accepting applications on planned developments
on parcels smaller than one acre; and
WHEREAS, Section 65858 of the California Government Code authorizes
extension of an interim ordinance as an interim measure for a period of eight
months, prohibiting any usage of land which may be in conflict with a contemplated
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Ordinance No. 851 (190ries)
zoning proposal which the legislative body, Planning Commission or Community
Development Department is considering or studying, or intends to study, within
a reasonable period of time; and
WHEREAS, a public hearing on the extension of said ordinance was advertised
and conducted on Tuesday, April 15, 1980, in the Council Chambers of City Hall,
San Luis Obispo, California.
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 eight months
following the final passage of this ordinance on the acceptance of application for
planned development 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 proposed modifications to the zoning regulations described above.
SECTION 2. This ordinance is designed 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 set out above.
SECTION 3. This Council recognizes the unfairness which would result in
application of the moratorium imposed here to planned development applications
heretofore accepted and currently under consideration by staff, Planning Commission
or this Council. Therefore, those applications are hereby specifically exempt
from the operation of this moratorium.
SECTION 4. This ordinance being an urgency ordinance for the immediate
protection of the public peace, safety and welfare, containing a declaration of
the facts constituting the urgency and passed by a 4/5 vote of this Council, shall
take effect immediately upon its adoption and shall continue in effect for a period
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Ordinance No. 851
• of no longer than eight months; provided, however, that after notice pursuant
to Section 65858 of the Government Code and a public hearing, the Council may
extend the effectiveness of this interim ordinance for a period of 12 months.
The City Clerk shall cause this ordinance to be published once within
5 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 this
ordinance.
INTRODUCED AND - FINALLY PASSED by the Council of the City of San Luis
Obispo at a meeting held on the 15th day of April, 1980, on motion of
Councilwoman Billig , seconded by Councilman Bond and on the
following roll call vote:
AYES: Councilmembers Billig, Bond, Dunin and Munger
NOES: None
ABSENT: Mayor Lynn R. Cooper
ATTEST:
c
CI T RK J.H. FITZPATRICK
Approved:
City Administrative Officer
City Attorney
Director of Communi Development
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MAYOR PRO EM RONALD DUNIN
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MEETING AGENDA
+ATE APR 15 '60 ITEM # �.
PUBLIC HEARING: EXTENSION OF PD REZONING MORATORIUM ORDINANCE
The San Luis Obispo City Council will hold a public hearing to
consider extending Ordinance No. 835, an interim urgency ordinance
establishing a moratorium on PD rezonings on parcels of less than one
acre.
Copies of the urgency ordinance are available in the City Clerk's
Office at City Hall for inspection.
Said public hearing will be held Tuesday, April 15, 1980 at 8:15 p.m.,
in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo.
SUR FITZPATRICK
J.H. Fitzpatrick, City Clerk
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. -MEMORANDUM " 18 80
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MEMORANDUM
MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT
MEMORANDUM Post Office Box 321 • San Luis Obispo, CA 93406 • 805/541 -1000
February 25, 1980
TO: Jean Fitzpatrick, City Clerk
FROM: Henry Engen, Community Development Director
RE: Extension of Ordinance No. 835 (Interim Urgency Ordinance
establishing Moratorium on PD Rezonings on parcels of less
than one acre)
This ordinance was adopted December 18, 1979, and will expire on
April 18, 1980. It is very unlikely that the Planning Commission's
review of the Draft Zoning Regulations will be able to be forwarded
to the council and acted on by them by the April 18th deadline.
Hence, I would request that we schedule this matter for an extension
on the April 1st or 15th council agenda.
cc: George Thacher
Ken Bruce
Glen Matteson
HE:dvd
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Community Development
STAFF
REPORT
MEETING AUNUA
ODATE MAR IS 'eo ITEM '#
FOR Lee Walton, Administrative OfficerMEETING DATE April 15, 1980
BY Henry Engen, Community Development.{
Director
PROJECT ADDRESS N/A
ITEM NO.
FILE NO. Interim Urgency
Ord
SUBJECT: Proposed extension of Interim Urgency Ordinance establishing moratorium
on accepting planned development applications on parcels less than
1 acre.
SITUATION Ordinance No. 835 was adopted on December 18, 1979, and will expire on
• April 18, 1980. The Planning Commission recommendations on. PD
rezoning standards (as part of the overall zoning ordinance) will
not be before the council to permit adoption of a comprehensive ordinance
by that date.
STAFF POSITION Recommend adopting the attached ordinance extending the moratorium
• for eight months.
Note: 4 /5ths vote is required to pass or extend an Urgency Ordinance.
Attachments: Draft Ordinance
HE:bee
3/4/80
crty of san iuis owpo
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