Opinion 1983 Pt.2

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The standard for the adoption of an interim zoning ordinance is the resultant threat to public health, safety or welfare if such an ordinance is not adopted.
Most importantly, the local legislature must take immediate steps to alleviate the conditions threatening the public health, safety, pr welfare which led to the adoption of such an interim zoning ordinance. This particular requirement necessarily relates back to the initial findings by the local legislative body. The legislative body must
...establish a nexus between the action taken and the alleged threat to public health, safety and welfare. As discussed above, no such nexus is required in Section 302(e) of the City Planning Code.
OPINION NO. 83 -54 Supervisor Quentin Kopp 18 August 8, 1983 in the crurrent scheme. In the case of Section 302(e) of the City * Planning' Code, the Board of Supervisors and the City Planning r Commission are acting in a quasi-legislative capacity when interim controls are imposed. Even though such actions have the effect of an amendment to the City Planning Code, they are imposed without the full protection of notice and hearing requirements afforded in the adoption of an amendment to the City Planning Code.


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