HomeMy WebLinkAboutF-243( I T 4 CLERK'S
F I LE n O. F-aA2)
SUBJECT
NOTI SENT OUT TO PROPERTY OWNERS C UGUST 18, 1965.
NOTIWSENT TO PAPER - AUGUST 18, lWR
DAY
1 Ar FI DAP:'
PUBLIC HEARING
NOTICE IS HEREBY GIVEN THAT the City Council of the City of
San Luis Obispo will hold a public hearing on the recommendation
of the Planning Commission to establish building setback lines on
Higuera Street from Marsh Street to Madonna Road.
SAID PUBLIC HEARING WILL be held on Tuesday, September 7, 1965,
at 8:00 P. M. in the Council Chambers of the City Hall, 990 Palm
Street, San Luis Obispo, California.
��H. ITZPATRICK
CITY CLERK
.,
�
v
C A I, I F® R N I A
CITY CLERK
990 PAEM STREET 543-7150
September 7, 1965
Honorable Mayor S City Council
City of San Luis Obispo
Gentlemen:
1 received by telephone this date a strong protest on the building
setback line on Higuera Street from Marsh Street to Madonna Road, from
Elton Tognazzini, a San Luis Obispo property owner. He wanted the City Council
to know that he believed that the street widening was to the benefit of all
citizens of San Luis Obispo, and therefore the City should pay for the land
they propose to take for this street widening. He believed this act to be
transparent and unconstitutional. He stated,though it did not effect him
personally, he felt that he should protest this taking of land for street
widening without compensation to the property owners.
Respectfully,
Tamry Mitchell
Secretary to the
City Clerk
tlm
June 7, 1965
TO: City Clerk 6 City Engineer
SUBJECT: widening of Higuera Street from Marsh Street south
to Madonna Road
Study was made relative to increasing width of street by
20 feet with regards to land and improvements involved and the entire
take to be made from either one side or the other.
On the easterly side of the street, the land to be acquired
totaled 39,603 square feet with an average value of approximately $3.00
per square foot or total of $118,809.
Improvements to be removed in whole or
in part had an approximate value of 125,575.
Total estimated value Land and Improvements $244,384.
On the westerly side of the street, the land to be acquired
totaled 43,400 square feet with an average value of approximately 3.00
per square foot or a total of $130,200.
Improvements to be removed in whole or
in part had an approximate value of 145,750.
Total estimated value Land and Improvements $275,950.
This study does not include any estimate of severance damage,
which would probably be involved, with those buildings that would be partially
removed and the relocation of other improvements and utilities.
The figures as shown in this study would indicate that the least
costly of the two acquisitions would be that on the easterly side of the
street.
On the other hand, to establish the true differential between the
two projects, an engineering study would have to be made with regards to
buildings to be partially removed and restored. Also, a complete appraisal of
all properties would be needed to establish the income potentials and fair
market value for each parcel of land involved. Leases of all tennants would
have to be studied for additional data.
The cost futures used in this study were based on assessed values
brought up to estimated market values and do not necessarily reflect true
market values as arrived at by separate appraisals.
Very truly yours,
W :t lm DAVID ULANSgY
APPRAISER
MI MDRANDUM
TO: City Council
FROM: Pt Planning Director
SUBJECT: Setback Lines for Osos Street from 1liguera to Monterey Streets
The Planning Commission held a public hearing on setback lines for Osos
Street from iliguera to Monterey Streets, prepared by the City Engineer.
There were no public comments on these proposed setback lines, and the
Planning Commission therefore recommends that the City Council adopt the
setbacks proposed by the City Engineer.
3/30/65
PC:ty
MEMORANDUM
TO: City Council
FROM: f� Planning Director
SUBJECT: Setback lines for California Blvd. and San Luis Drive from
Hathway Avenue to Johnson Avenue
The Planning Commission held a public hearing on setback lines for
California Boulevard and San Luis Drive from Hathway Avenue to Johnson
Avenue, prepared by the City Engineer.
There were no public comments on these proposed setback lines, and the
Planning Commission therefore recommends that the City Council adopt
the setbacks proposed by the City Engineer.
3/30/65
PC: ty
C<
!IEMORILNUUM
TO: City Council
FROM: Planning Director
SUBJECT: Setback Lines for Higuera Street
The Planning Commission held a public hearing on setback lines for
Iliguera Street from Marsh Street south to the City Limits prepared
by the City Engineer.
There were no public comments on these proposed setback lines, and
the Planning Commission therefore recommend that the City Council
adopt the setbacks proposed by the City Engineer.
3/s/65
PC:ty
MEMORANDUM
TO: City Council
FROM: PG• Planning Director
SUAIECT: Rockview Place Setback Lines
Resolution No. 133-64 of the Planning Commission recommends that the City
Council adopt setback lines for Rockview Place based on a 46' right of way
with 5' sidewalks.
This matter was discussed with the Council at the joint study session, and
the Commission's reasons for recommending the 46' width and reduction of
sidewalks to 5' were explained.
This matter should be set for a public hearing at the. Council's convenience.
MII:O�AMDUM
TO City Council
FROM,: Planning Director
SUBJECT: Orcutt Road Set -back Lines
This matter was further discussed by the Commission at
their meeting on October the 29th, The Commission had
no objection to the radius of Johnson Avenue being
increased on the east side as recommenced by the Council,
but felt that the radius shown on the original plan
should be retained on the southwest side. A plan showing
the modification will be shown to the Council.
With regard to sidewalk widths, the Commission has a
policy of requiring a ten foot "sidewalk area" in M
zones, but varies the width of actual sidewalk paving
according to the pedestrian traffic to be expected.
The Commission recormends that this policy be continued.
May 16, 1963
Honorable Mayor and City Council
city Hall
San Lute Obispo, California
Oontlemens
After reviewing the present setback policy se outlined in Resolutions 80
and 872 (1961 Series), it is the recommendation of this committee that a
change be made in the application of this policy for properties zoned other
than residential, so ea to apply the same policy to residential and to non-
residential properties.
In arriving at this recommendation the co-mittee concluded that acquisition
of property for street widening purposes would create as much detriment to
commercial properties as it does to residential properties. The committee
also concluded that the program would be easier to enforce, and would pre
greas at a more rapid rate, if one policy were applied to all properties.
It is the suggestion of the committee that Resolution No. 872 (1961 Series),
Section 1-E (1) be amended to read as follow.:
E. PROPERTY ZONED OTHER THAN RESIDDITIAL
(1) Any property toned or used other than for residential
would follow the policy adopted for residential properties.
Respectfully submitted,
COUNCIL COW4ITTEE STUDYING SETBACK POLICY
Donald Q. Miller and Clell Whelchel
li'R/ac
CITY OF SAN LUIS OBISPO
CALIFOR.NIA.
April 29, 1963
TO, Honorable Mayor and City Council
FPOW David F Romero, Acting Planning Director
SUBJECT- Setback Line for Broad Street from Mutsuhito Avenue to Rockview Place,
The City Planning Commission held several study sessions and a public hearing
to consider the adoption of a setback line on Broad Street between 6tutsuhito and
Rockview Place.
There were no protests from the audience at any of the meetings, The Planning
Commission instructed me to inform you that the majority Of this setback line
covers a county road. and if the City Council acts favorab D' on the proposal.
the plan should be referred to the county for action to adopt a similar setback
line..
Respectfully submitted,
,�CIl�r1 �.Pi1—O
David F. Romero,
Acting Planning Director
GRUNDELL & FREDMAN
gTTOgNEVp I.T LAW
LL
W P. .M60MhN
AN LVIB 091pP . GALWR wNIA
LIE..
April 23, 1963
David Romero
City En^ineer
City Hall
San Luis Obispo, CaliforniR
Dear Mr. Romero:
As you itnow, when Peter J. Zuiderweg con-
structed his building on Broad, now rented to a
glass company, he constructed a sidewalk in front
thereof. This was prior to adoption of Ordinance No.
201 (1961) establishing official building set back
lines and Section 8 reads:
"An official building set back line is
hereby established on both side rf Broad
Street, from Monterey Street to the so•1th-
easterly city limit line, for 401 from :x-
isting center line of said portion of Broad
Street."
Since the adoption of the set back ordinance,
Mr. Zuiderweg has constructed a second building ad-
jacent to the one erected for the use of the glass
company, carefully following the required set back.
I Lave read the resolutions (868/872) estab-
lishing policies. In my opinion the policies therein
set out are discriminatory, unreasonable, unrealistic
and unconstitutional and unenforceable,
Because of the peculiar conditions existing
at Mr. Zuiderweg's land. I think this would be a good
case to litigate, but we are willing to negotiate tl:e
sale of the 10' area in front of the new building to
the City at its reasonable market value.
Yours very truly,
HERBERT C. GAUNDELL
i1C3:kn
:c: J. Pitrpatrick,City Clerk
August 14, 1961
.� to: City Ccuncfl
.rod: City Attorney
Subject: Suggested Methods of Implementing the Setback Ordinance.
It should be understood by the Council that legally, all of the cost for widening, curb,
gutter and sidewalk, relocation of utilities, etc., could be paid by the City out of
the General Fund. Conversely, the property owners could be required to pay for all of
these costs through on assessment district proceeding. it follows then, that the City
also can legally pay for any part of these costs or, through assessment proceedings, can
legally require the property owners to pay for any part of these costa. The extant of
cooperation, then, is purely a question of policy.
It should also be pointed out that the amount of funds budgeted for the widening improve-
ments are not sufficient to handle this year's program if the work is continued at its
present rate. Therefore, any liberalisation of the City's participation would, of
necessity, require additional funds to be budgeted and would alto, of necessity, result
in less actual widening being accomplished.
PWPOSRD ALTERNATE TO Tit& EXISTING POLICX
It has been suggested that the City could establish a square foot value on property to be
acquired for the widening program and could establish the severance value, if any, to the
remaining property. This amount could then be credited to the Sand owner. Fre^ this two
the City would deduct for the cost of installation of curb, gutter and sidewalk, which all
property owners are required to install at their own expense. This would, in almost every
case, result in a balance due to the property owner, which would be paid by the City.
The City would continue its present policy of absorbing the cost of paving out to the
improvements and paying for the cost of relocating utilities and major drainage.
I asaune that the City would continue to absorb any engineering or ieg,.l expenses involved.
LAM PARCELS TART C D 8$ SUBDXVXDZQ
Under the present policy, the City cooperates only on a single normal residential frontage.
It has been suggested that this policy be changed to follow the above suggested approach,
with the property owner recording the necessary documents stipulating that said property
owner would reimburse the City for all coat except the pave -out expenses should the
property subdivide at a future date,
PRIORITIRS
It has been further suggested that a priority schedule be established instead of piece-
meal improvements under the present policy. The advantage of piece -meal work is, of
course, that the City is making the improvements with property owners who desire to co-
operate or are forced to under the subdivision laws. Under a priority basis at this time
it would mean that, in many case#, the City would haws to choose between a definite prograri
of block -by -block improvements, and forego improving the property of those owners who
desire to proceed at this time. There is no question that when the widening program has
exhausted all subdivided property and owners who willingly cooperate, that a priority
schedule for acquisition or condemnation would have to be established, but it would appear
to me that in the meantime, the monies should be used to do the work on the property of
ostlers who desire to put the improvements in right away.
J
Page ^_
FINANCING
As has been done in the past, it will be necessary to budget whatever monies the Council
feels appropriate to carry on the program. It has also been suggested that a revolving
fund cold be act up to enable property owners to pay for their share of the improvements
now and to repay the City over a period of time. Such a revolving fund would, of
necessity, reduce the amount of improvements the City could do in any given year until
adequate monies were available to accomplish both purposes. It would seem proper to
set aside a definite amount in the budget for each year for plan line work in order to
let the people know the extent of expenditures being made by the City for this purpose.
There is also being handed to you Resolution No. 341 (1958 Series), setting forth the
City's olicy in connection with plan lines, and a latter from the City Engineer dated
fa;gust 3. 1959, discussing problems arising from the existing plan line policy.
Respectfully submitted,
William N. Rouser, Jr.
City Attorney
'QMH: kd
MEMORANDUM
TO DATE ----.
FROM .
SUBJECT
q, Provision for uroperty owner to recover all or nortim in case
property is aubdirlde& (I'm R little unclear on just what my notes mean here.)
?, If owner will dedicate nrnerty for street widening and appraised value Is equal
to or exceeds cost of certain improvements, i.e., curbs and gutters, or curb,
gutter and sidewalk, city could agree to install.
10. Dive's retaining wall criteria to be included in resolution.
11. Also the meat of present plan L.ns ord_'nnnce and accompanying resolutions deleting
orovisions in conflict with points above.
12. NDT IING WAS SAID AT MEETING ABOUT TIMg LWTS
MEMORANDUM
.=«w..,�.,...«.. moo. 10 Bill. Houser.._ __ _ DATE......
FROM Diek killer - - SUBJECT--
__
Following notes on connail suggestions for revised ;A:n line resolution or 4%H,,nc*
which camc up during your absence from iLeting,
1. You already have suggestion that we no longer reeordy also swse provision ellowing
us to recover costa advanced in case of subdivisi:n.
2. istablish orioriti.es for all plan line streets.
3. Council intention to budget same moneys each year,
4. Inasamch as 7,cesible develop widening orogram from center of city out
a. Deviations in c.,se of subdivisi,;ns, cooperative property owners, etc,
$. Pro
imbotrcurb �e�nt for ^reporty. a�rrave9 esttd R0 nor o u �pva
gutter, sidewalk, etc, Coune�ls l5dugh ass sbmen Lig
6. Negotiate with pronarty owner for �� severance damngs incliding relocation
of shrubs, existing club, gutter & sidewalk, etc, :'.r. '.3raves suggested citizen
arbitration committee which didn't receive any siu-port.
7. Building -erlait issuance in no way Lo be conditioned upon deeding nroporty to sit.y
Under discussim, sidewalk rspuiriment could be handled by aecuring bcod guars =;g
K""'•"-OR*►,a air, 'iW4.sLv ►Nik a�pog �,1 had agquired neosasery righk,
a„
FOOTHILL. 9Ll'D.
JOHNSON AVMIS
LAUREL LANE
SOUTII STRMT
PLAN LINS BTRSNT 1I281IN0
Irril 28, 1961
Frontage to be acquired
10,880.00 feet
Frontage acquired to date
1,712.00 feat
Under negotiation
122.00 feet
Percentage acquired
15.70%
Frontage to be acquired
Frontage acquired to date
Under begotiation
Percentage acquired
Frontage to be acquired
i'rmtoge acquired to data
Ondor negotiation
fereentage acquired
Frontage to be aequi"d
Frootage acquired to date
Under negotiation
Percentage
Total frontage to be acquired
Total frontage that has been acquired
Percentage of total acquired
lh, 710.00 feet
5,344.00 feet
495.00 feet
36.30 e
5,630.00 feet
5,270.00 foot
AMIMIR
93.60 %
3,627.00 feet
284.00 feet
250.00 feet
7.80 %
A*80.00 feet
12,610.00 feat
36.20 %
PLAN LINE PROCEEDINGS
• •
PAGE DATE
358 Nov. 5, 1956 Reconmending Resolution of Planning Commission fur adoption
of Plan Lines by City.
358 Nov. 5, 1956 ORDINANCE NO. 34 introduced & passed to print.
361 Nov. 19, 1956 ORDINANCE NO. 34 finally passed - all ayes.
372 Jan. 7, 1957 Recommendation of Planning Commission re adoption of street
sections into the Municipal Code.
Sketch presented of standard street sections to be adopted.
City Attorney Houser instructed to prepare Ordinance to
adopt street sections.
424 Aug. 5, 1957 ORDINANCE NO. 47(establ.ishing standard street sections) passed
to print.
425 Aug. 5, 1957 ORDINANCE NO. 48(Laurel lane Plan Lines) passed to print.
427 Aug. 19, 1957 ORDINANCE NO. 47(establishing standard street sections) finally
passed.
429 Aug. 19, 1957 Public Hearing on 0-48(Laurel Lane Man Lines)
430 Aug. 1.9, 1957 ORDINANCE, -10. 48(Laurel Lane Plan Lines)finally passed.
442 Oct. 7, 1957 Planning Coamission recommending amendment to allow adoption of
Foothill Blvd. Plan Line.
442 Oct. 7, 1957 ORDINANCE NO. 56(Foothill Blvd. Plan Lines) passed to print.
445 Oct. 21, 1957 Public Bearing on setting Foothill Blvd. Plan Line.
Taken under study & amended maps to be prepared by City Engineer.
449 Oct. 28, 1957 ORDINANCE No. 56(Foothill Blvd. Plan Lines) ordered held over
for further study.
449 Oct. 28, ® Questions and complaints, etc. from several property owners.
451 Nov. 4, 1957 ORDINANCE NO. 56(Foothill Blvd. Plan Lines)held over until Nov. 18.
454 Nov. 18, 1957 Public Hearing on Foothill BIvd. Plan Lines.
ORDINANCE NO. 56 finally passed.
ORDINANCE NO. 67 is not mentioned in the minutes, but it is
indexed, indicating it was NOT finally passed, and regarding
plan Lines on South Street.
pardon me: -- its introduction is not mentioned,
466 Jan. 20, 1958 Public Hearing on final passage of ORDINANCE NO. 67(South Street
Plan Lines). Matter of final passage held over'til next meeting.
470 Feb. 3, 1958 ORDINANCE NO. 67(South St. Plan Lines) held over for further study.
473 Feb. 17, 1958 ORDINANCE NO. 67(South St. Plan Lines) referred to study session.
475-6 March 3, 1958 ORDINANCE NO. 67(South St. Plan Lines) not finally passed.
Committee of Jones, Smith & Sleight to meet and study with City
Engineer re a plan line For South St. at some future date.
475 March 3, 1958 RESOLUTION NO. 341 passed and adopted establishing certain
policies of the City in connection with Plan Lines.
478 March 17, 195E Report of Council Committee on South St. Plan Line -no report.
486 April 21, 1958 Communication from Planning Commission citing potential plan
line problems on Johnson Ave. & requesting status of South St.
plan line before proceeding on Johnson Ave., received & filed.
492 May 5, 1958 Council Committee requested public hearing an July 7, 1958 for
consideration of adoption of South St. Pis n Line.
504 June 16, 1958 ORDINANC3 NO. 85(Setting July 7, 195E as time for Public Hearing
on South Street Plan Lines, introduced and passed to print.
8 July 7, 195E Public Hearing an South St. Plan Line.
ORDINANCE NO. 85(South St. Plan Line) finally passed.
49 Oct. 20, 1958 Comm. from Planning Commission recommending adoption of the
Johnson Avenue Plan Line from San Luis Dr. to Orcutt Rd.
,taferred to study session Nov. 24, 195E
65 #3 Dec. 1, 1958 RESOLUTION NO. 470(setting Public Hearing for establishment of
M NKKXXX14XIM Plan Lines on a portion of Johnson Avenue.
71-2 Dec. 15, 1958 Public Hearing on Resolution No. 470. Study to be made and
meeting on future date on adoption of the plan line.
176 July 13, 1959 Johnson Ave. Plan Line. Public hearing set for Aug. 3, 1959.
190 Aug. 3, 1959 Johnson Ave. Plan Line. Public Hearing held.
ORDINANCE NO. 130(Johnson Ave. Plan Line) passed to print.
199-202 Aug. 17, 1959 ORDINANCE NO. 130(Johnson Ave. Plan Line)Finally passed.
243 Nov. 2, 1959 Proposal for improvement & widening of Johnson Ave. in front of
County Hospital.
247 Nov. 16, 1959 Bids received & opened for const. of plan line widening on
Johnson .Ave. between Bishop & Sydney St.(D.Q.Miller property)
251 Nov. 16, 1959.Report on claims filed for damages in the amount of $181,200 for
alleged damages to property on plan line streets.
259 Dec. 7, 1959 Communication re proposal to appoint a citizen's fact finding
committee to study the city's plan line program. Received & filed.
270 Dec.14, 1959 Verified claim of damages filed by Eva & Charles 8. Hurd for
alleged damages to property on Johnson Ave. by establishment of
plan lines was presented. Received & Filed.
304 Feb. 8, 1960 The group briefly discussed various iaems--the general plan, plan
line, annexation policies, etc.
PAGE, DATE _
341 Apr. 4, 1960
Foothill Blvd. Plan line as it applies to the new shopping
development, including the Bank of America. Referred to
study session Apr. 11, 7:30 P.M.
352 Apr. 11, 1960
Discussion of manner in which Foothill blvd. Plan Line
applies to the new shopping development, including the Bank
of America.
381 June 6, 1961
Discussion of plan line policy in connection with street
widening on Laurel lane.
419 Aug. 16, 1960
Grant deed accepted from Leonard Blaser for at. widening on
Johnson Ave. lity agreed to install curb & gutter for a normal
residential frontage of 60 feet provi#ing Mr. Blaser install the
sidewalk and deed the right-of-way, even the Mr. Blaser did not
have a dwelling on the parcel at this time nor was he about to
build a structure. Dr. Smith said that this interpretation of
the policy followed closely the orgginal intent and that the
Council indicated it would apply *= in similar cases in the
future.
432 Sep. 6, 1960
Comm. from W.P. & Dorothy Babcock re policy relative to
installation of sidewalk where they are required to place
sidewalk at their own expanse while an adjacent property owner
is having sidewalk installed at City expense. Council decided
to restudy the plan line policy re installation of sidewalk,
curb, & gutter. Matter held over.
434 Sep. 12, 1960
Council discussed policy re off -site improvements in connection
with plan line streets & sharing of costs, if any, by the City.
440 Sep. 19, 1960
Come. from W.P. & Dorothy Babcock with additional information
on behalf of their request for the City to place, curb, gutter,
and sidewalk on their property at City expense.
441 Sep. 19, 1960
ORDINANCE NO. 173 An Ordinance deeding back 5 geet of property
ao the Babcocks and City installing Curb, gutter, & sidewalk
on their property at 1248 laurel Lane,was passed. ( believe that
later on the City Engineer decided there wasn't 5 feet to deed
back, and the matter went no further.
445 Oct. 3, 1960
Report on bids received & opened for Phase K Johnson Ave.
Plan Line Widening . Awarded to R. McGray C.onst. Co.
471 Nov. 21, 1960
Report of Councilmen Smith & Shtpsey on current plan line
negotiations on Johnson Ave.(Dr. Treadwell & Joe Barrett)
Council discussed policy problems.
CITY OF SAN LUIS OBISPO
August 3, 1959
Diacucaion of Problems Arising
In
F?u•ORCF14FiIT OF PLAN LIM FOLICY a RFS.Q4:`.rji^.iA iIO FS FOR CORRECTION
.'d deciding twis limite the city should ret regarding participation inretain-
ing wall construction on plan line widenings we must welgh on the one hand Lie
hnzge t1I7neC89aary expense to the city wore it to construct retaining walls for aqv
property owner who dasireti a wall but cannot show definite need, and on the other
send the daterrent to tbx pl r l.irs program if property owners Seel the city
pc icy 1e so strict thst widening will damage their property or lame theta with
a..penelve prcblama, t".ue causing a relucte.,xp on their part to oarticipstLe in
any widening,. Ina rriving at a policy equitable to both sides,I believe the
u4,andwrd should call 'or a retaining well whenover a 2h1 slope in either cut or
0.11 will create a normal (rant ;mrd leas than the miniman setback call&i for
by the zoning- :dues anadeting building will hove a front yard less than this,
I believe the owner could prove danuge Prd the city could use the wu11 as a
weans of cwpenss%:Jon•. In seine seems it may be necessary io vv* out a combina-
tion of elope mv: wall with an individual property owner, however I believe each
of theac ahou:.'. be decided oa its own merits.
I wish o discus, also, several interpretation and r.nforeement problems
vhiec'n need •.;larifieetion.
ror acne time theplannLag,, cowissinn has been rcqutrirg the instillation of
cw:b, ;•,ttnr and sidevalk as a condition for granting a Uae Permit. This, at
tiro -es, has meant the eppiicant nas had to corstruct several hundred feet of im-
provv,,m to to well as deeding land for street vidanirg. Tire staff approach hss
been for the city to pay for curb and gutter across the "normal residential
fr„ntsge" ouch require that the applicant pay for the full coat of the remaining
iJ pr•ovements. My interpro iation of "Normal Residential Frontage" is that it
should be limited to the property width actually used by a house (allowing for
proper setbacks) and should not extend post any frontage wbieh can be subdivided.
For example, if an individual has forty Beet alongside his house and thus has a
parcel too narrow to subdivide, the city would pay for the curb and gutter. Raw -
ever, if the pnrr:el wore sixty i.'eet or greater in width, tte property would be
susceptibla to siodivisioz and the individual would have to pay for his wan curb
and gutter..
Some of the staff feel that a more lenient interpretction, as follows,
would encourage the widening program. Under this proposal, city participation
in curb and gutter coat would extend as for as improvements ware required by
iho planning commission on the theory that the entize use parmitted is "normal
rr,cidential frontage". IMer this lnterpratatioz it wmld be possible for an
Plea Line : roblema page 2
August 3, 1959
individual to get city payment for curb and gutter alongside a long str3.np of
apartments permitted on a single lot vith a Use Permit, The developer cocid
then subdivide each individual apartment as an individual unit, thus saving the
coat of curb and gutter. On the other hands a more lenient policy such as this
would set very well with individuals who are already being forced into sanathing
they do not desire end may veil spend the progmt, In Any event, we wish to
follow the wishes of the council..
The present written policy does not cover a varbaal policy which calls for
city participation in the cast oY carh end gutter for the full frontage of church
Property.
The present written policy mares no yanti,on of application to commercial or
manufacturing property, the impliostion being that the property owner will have
to may for the toll cost of curb, gutter and sidewalk with the city paying no
portico. If this is the wish of the council, I believe it should be specifically
incorporated within the written policy. 1 would suggest, however, that resi-
dential hses in c ommercial or manufacturing zone be treated in the some fashion
as other residential property, Frith the city payinr for the coat of curb and
gutter.
If the council wishes be in;:o,-pornte Any or all of these ideas into a
written policy we can prepare a resolution covering t.Fhaa by the neat mseting.-
Respectfully sutmitted,
DAVID F. KLTtERD
City L'ngiraer
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San Luis Obispo, California
Sept 16, 1960
Office of the Mayor of San Lute Obispo
%City Hall.
San Luis Obispo, California
Honenble Mayor Wxtera and members of the City Csuncilt—
Recently wo sent a letter to be read at your Sept. 6 meeting, asking the City
to install sidewalks, curbs and gutters on our property, with no cost to us.
We are very sorry that we did not mention at that time that we felt that the City
Engineer, David Romero misrepresent d the City of San Luie Obispo, last year when he
told us just before we signed papers donating 2j by75 feet of preparty to the City
that upon widening the street the City would install curbs and gutters and then we as
property owners could install the sidewalks at our own convenience, and that there was
no deadline.
Until the Sept. 6 meeting of the city council, we did not know ttat the Citys
Policy was that after the property owner installs the eidewallts, then the City would
Install the curbs and gutters. This point was net mentioned by Mr. Romero, whatsoever.
11e felt we were a,tin in good faith and going along with progress. At that ti:m wo did
not have any reason to doubt Mr. Romerse word, as wefelt that a City Executive could be
takAn for his word, so we did not look into the Citys policy on installing sidewalks.
As the situation stands now, there are sidewalks, turbo, and gutters an both aides
Of our property and our property has approxiwatell a throe fait bank, fronting the
street. ckaa the %iny season starts, this can create a dangerous hazard, as :rand and
water will more than likely drain into the street.
we would ap=reciate your immediate attention on tnis ratter, as the street is
now in the process of being widened.
sincerely.
0
CITY C
DEPARTMENT OF PUBIC WORKS
Honorable Mayor and City Council
City of San Luis Obispo
Gentlemen:
�3
)BISPO
SeptemUher 19, 1960
At the time a plan line widening was acquired from the Babcock6 on
Laurel Lane the policy required a sidewalk area of 11 feet in all
zanies, which gave a total width of 23 feet to be acquired in front
of the Babcock -residence. Subsequent to this acn+iisition the council
policy was revised to permit a 6 foot integral sidewalk in residen-
tial zones while still retaining the 11 foot sidewalk area in com-
mercial zones. Since this particular property is zoned R-3 the
city's purposes would be served by an acquisition of 18 feet of
widening rather than 23 feet, and it would be my recommendation
that 5 feet be deeded back to the Babcocks.
Respectfully submitted,
DAVID F. RDMFM
City Engineer
DFR/]b
March 22, 1960
Honorable Mayor and City Council
San Luie Obispo
California
Gentlemen:
Ref Foothill Boulevard Plan Liao
With regard to the construction of the new Bank of America facilities In
the College Square Shopping area, the Planning Commission has been informed
that curb, gutter and sidewalks will not be installed in accordance with
the plan line set for Foothill Boulevard at this time.
The Commission considers this property as a key to the success of the plan
line program in this area. The Commission fWther feels that if the parking
facilities are allowed to be constructed at this time without the dedication
of the necessary widening strip and the installation of curb, gutter and
sidevalk, it will set the plan line program back a year or more, the reason
being that it would then be necessary to remove existing facilities later
on, thus hampering customer access to the parking area during construction.
It is therefore respectfully requestad by the City Planning Commission that
the City Council give immediate consideration to ways and means of acquiring
this portion of the Foothill Boulevard plan line right-of-way daring or
before this initial construction of the proposed development,
Respectfully,
Jean W, Abraham
Planning Director
JWA/rvb ,�Z42111732d,
� MAA 7ytp �
S� EIS 6D
e6 L95
. .
----�_ RT ON
P L A N L I N E d T R E E T W I D E I N O
• • • • w • • •••rr•w••w • • w • w w r
February 150 1960
FOOTHILL BLVD. Frontage to be acquired 10,879.93 feet
Frontage acquired to date 1,419.24 feet
Percentage acquired 13.04 $
JOHNUON AVENUE Frontage to be acquired 14,947.70 feet
Frontage acquired to date 2,367.58 feet
Under negotiation 1,058.46 feet
Peroentage acquired 15.811 %
LaURdL Lri4E Frontage to be acquired 5,629.96 feet
Frontage acquired to date 3,132.46 feet
Percentage acquired 55.64 %
aGUTH i,IRMlT Frontage to be acouired 3,626.73 feet
Frontage acquired to date 284.41 feet
Un,.ier negotiation 341.19 feet
Percentage '0-ygy,. 7. 8 9 %
Total frontage to be acquired 35,08'w 2 feet
Total frontage acquired ,203G9 feet
Percent acquired 20.53 A,
9
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w
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• 0
CITY OF SAN LUIS OBISPO. CALIFORNIA
990 Palm Street
San Luis Obispo, California
December 4, 1959
Ronarable iKAbers of the City Council
City Hall
San Luis Obispo, California
Gentlemen:
In connection with the recent claims filed against the City on plea Linea,
Lee Council will recall my suggestion that a representative grou—P-0—nurzona
effected by the p2sn lines be picked to evaluate the program end suggest
possible alternatives.
This is merely one man's suggestion, and It may be that other members of the
Council will have alternate suggestions that will have equal or greater merit.
110wevcr, to make the proposal rare concrete, I have proceeead with the various
property -vapor groups in attempting to form such a coesnittoe in arse the Cormcil
fouls that this is a proper approach. In my discussions with tF.e groups, it hen
baen pointed out that a comprehensive fact-finding study of the plu: line pro -
Sr --a will require considerable time and effort on the part of the committee
mo=bere, but I emphasized that the time and of fort agent in such a fashion
should not be given begrudgingly if the members are really sitseore in wishing
to do the bust thing for Cho community.
5 would suggest for the Ccuscil's consideration tite following persons to serve
M the citizens' fact-SLading committee. It would be understood that City staff
cembcra would be available to supply information . to the group, and the commmittee
would to asked to present such report or reports as it =debt deem desirable to
the Council —Me members would be:
Freak Adler . Johnson AV hue property Curer
Dan C. Chase . . . . . . . . . " „ n „
F. S. Doan . . . . . . . . . . . Foothill Blvd.
Carl R. Lownea . . . . . . . . . " „ n
John A. Sleeth . . . . . . . . . Johnson Avenue ^ '�
Prank Truchas . . . . . . . . . . South Street
P. J. Zuiderweg . . . . . . Broad Street
Sincerely yours,
PRED M. I TERS
Mayor
CITY OF SAN LUIS ORISPO
August 3, 1959
Discussion of Problems Arising
in
ENFORCRMFS7T OF PLAN LINE POLICY & RECO'MIMATIONS FOR CORRECTION
In deciding the limits the city should set regarding participation in retain-
ing well construction on plan line widenings we must weigh m the one band the
huge unnecessary expense to the City were it to construct retaining wells for any
property owner who desires a wall but cannot show definite need, and on the other
hand the deterrent to the plan lire program if property owners feel the city
policy is so strict that widening will damage their property or lecve them with
expensive problems, thus causing a relucterce an their pert to participate in
any widening. In arriving at a policy equitable to both sides, I believe the
standard should call for a retaining wall wherever a 2r1 slops in either cut or
fill will create a normal front yard lees than the minimum setback called for
by the toning. Nhen anedsting building will have a front yard lees than this,
I believe the owner could prove damage and the city could use the well as a
means of compensation. In sans oases It may be necessary to work out a combine-
tion of slope and wall with an individual property owner, however I believe each
of these should be decided on its am merits.
I wish to discuss, also, several interpretation and enforcement problems
which need clarification.
For some time theplanning commission has been requiring the installation of
curb, gutter and sidewalk as a condition for granting a Use Permit. Thia, at
times, has meant the applicant has had to construct several hundred feet of im-
provements as well as deeding 1" for street widening. The staff approach has
Wen for the city to pay for curb and gutter across the "normal residential
.frontage" and require that the applicant pay fro the full cost of the remwsining
improvenente. My interpretation of "Normal Residential Frontage" is that it
should be limited to the property width actually used by a house (allowing for
proper setbacks) and should not extend past any frontage which can be subdivided.
For exempla, if an individual has forty feet alongaids his house and thus has a
parcel too narrow to subdivide, the city would pay for the curb and gutter. Fzw-
ever, if the parcel were allty fast or greater In width, the property would be
susceptible to subdivision and the individual would have to par for his own curb
and gutter.
Some of the staff feel that a more lenient interpretetion, ae follwa,
would encourage the widening program. Under this proposal, city participation
in curb and gutter cost would extend as for as improvements were required by
the planning commission on the theory that the entire use permitted is "non+aal
residential frontage". Under this interpretation it would be possible for an
• • Plan Lire �roblsns • • page 2
August 3, 1959
individual to get city payment for curb and gutter alongside a long string of
apartments permitted on a single lot with a Use Permit. The developer could
then subdivide each individual sperusent as an individual unit, thus saving the
cost of curb and gutter. On the otbar hand, a more lenient policy such as this
would set very well with individuals who are slreedy being forced into eemathing
they do not desire and may well speed the program. In arp event, we wish to
follow the wishes of the council.
The present written policy does not cover a verbal policy which calls for
city participation in the cost of curb and gutter for the full frontage of church
pmparty.
The present written policy makes no mention of application to commercial or
manufacturing property, the implication being that the property owner will have
to pay for the fun cost of curb, gutter and aidevalk with the city paying no
portion. If this is the wish of the council, I believe it should be specifically
inoorpceroted within the written policy. I would suggest, however, that resi-
dential uses in a commercial or manufacturing zone be treated in the same fashion
as other residential property, with the city paying for the cost of curb and
gutter.
If the council wishes to incorporate say or all of these ideas into a
written policy we can prepare a resolution covering them by the nest meeting.
Respectfully submitted,
rr
JC /�7
➢AVID F. PjagMC
City 8ngineer
:FR/lb
eomona nlm line pr&aram--Friday. July 31it 2:45 p.n. called
Pomona City 1fanager (actually Administrative officer) and
asked him questions with regards to their plan line program.
y. Xhat do you think of the program?
A. tir. sharp, said the program had been very benitiolal
to his City. .iith such a program the city can prevent
the auto from inslnving the city.
�4. 'What were the reaction of people involved in plan lines?
A. Depended on the zoning of property. Owners of Ooraercial
property readly dedded the land to the city. They could
see direct benifits. iiesidential areas that were in the
transition to Commercial, i.e. pingle family units in
h-j and R-4 tfefxmmm where some of these units were
used as perfeseional offices tended to agree to the plan
line program as they Could see the increase in the value
of their property with wider streets and eventual '-1 and
C-2 zoning.
Resistance to plan lines was strong in the R-1 areas.
These people could see no advantatr of street c+idening--
the beniflt was for the oommunityg many felt. However, with
cooperation between the city and the individual R-1 property
owners cooperated. Mr. Sharp stressed e"ahatlo=lly that
the city must cooperate with the individual property Cower
to reach a gust and equitable agreement. '•ich ones has different
problems. The lrapor%Rnoe of the city meeting with the in-
dividual property owners maxarsaf23f was mention on three
separate Massless occasions by Mr. Sharp. bcaTdsmsaraaz
Page 2
during our conversation. 82a daxoteing him, "You have to
work with people on the plan linee--each case has its
can problems."
4. elhat happens minx with those homes close to the present
street --:hen when the plan line is projected the house
will be withing several feet of the widened street?
A. „e have had these problems, a said Mr. Sbhrp,.Yhat we do
is meet with the property owner and agree to a cash
settlement. de give the home owner the oash--if he wants
to use the money to move the home he can or he can use ithe money
any waybe uv esireo. ,rr experienoe hie been where a home is
withinl( Len feet of the widened street we reach a cash agree -
"VP,, none of these homes were roved by the owner.
(Lir. :Sharp here remarked that often the residential property
would be in tide
on main thorougafares in time/wem zoned to commercial.)
�,. ghat does the city do where there nre exsisting walls, trees
and shrubs?
A. .:e move then trees sYmr whore ever praasical. .4alls we
replace with the same type if the property owner wishes.te
imcaxinnadxxx oe had a doctors office with
an adobe wall --that's what he wanto4 so when we widened the
street we bulb him an adobe wall. On such items as sprinkler
systems tar. Sharp, said, the city pays the property owner to
have the Job done by a party of his choice. Me reason for this
is it precludes the property owner coming back to the city
with a oosplaint that the system leaks.
P^.Fce j
<hat is the averaFe width the city of Pomona requires in
their plan line program?
A. Most oases 10 to 15 feet --Dome instanceses as much as 25 feet.
.�. Do you require subdividers to deed strip bald within the
plan line then put in curbs and gutters Q at his expense?
A. Yes --any individual who divides a lot must meet these recuirem
u. 'what about the issuance of variances? Does the city of Pomona
. *equirsin deeding property withil plan line area df` lacing
improvements?
R. No this in illegal--. (This writer in eure he heard this
answer oorrectly--here tho city attorney could check)
y,.ohat money do you use for widening plan line streets?
A. Gas tax z,oney from the state and county money.(I am not
sure whether he mentioned using coney from the general fund.)
,4. Are any of your plan line ordlnuoe I", ted to at say 5 years?
A. Yes we bad one that the city and property owners agreed to
a 4 year time limit.
.fir
CITY OF
CITY PLANNING DIVISION
,.. Hold to metdaa of #rn ij i.=
SAN LUIS OBISPO
CALIFOR N1,�,
u
Honorable Mayor and City Council
San Luis Obispo, California
Gentlemen:
April 3, 1959
With the continued growth and development of the Johnson -Laurel area
the Planning Commission and in particular the Small Subdivision Com-
mittee are confronting problems in connection with required dedications
of rights of way where plan lines have not yet been officially estab-
lished.
This is particularly true on Johnson Avenue, Lacking any formally
authorized plan line we have been using our best judgment in
designation of setbacks. However, due to informal expressions of
feeling from the City Council, we have refrained from undertaking
any new plan line hearings until the Johnson Avenue matter has been
settled one way or the other. The Planning Commission has authorized
me to write this letter and respectfully request the Council to advise
us of the current status of the proposed plan line on Johnson Avenue.
Sincerely yours,
J. 8
/ lannin�; ri or
KJF: cs
6 TRAFFIC COUNT:
0
JOHNSON AVE.
between
San Luis Drive &
Brack St. Weather:
Clear.
Thursday Oct. 2, 1958
and Friday Oct.
3, 1958.
SOUTHBOUND
2:00 PM
62674
4:00 Pta
63270
596
6:0o PM
63868
598
8:00 PM
64258
390
10:00 Pia
64572
314
2:00 AM
64731
159
6:oo AM
64765
34
8:00 AM
65053
288
10:00 AM
65448
395
12:.00 N
65778
330
2:00 PM
65298
520
Southbound
total
3624
NORTHBOUND
2:00 PM
47512
4:oo PM
48o55
543
6-zoo PM
48608
553
8:00 Pla
48964
356
10.00 PM
49208
244
2:.00 AM
49326
118
6:oo AM
49361
35
8:00 AM
49678
317
10:00 AM
50196
518
12:00 N
50558
362
2:00 Pia
51042
484
Northbound
total
3530
TOTAL NORTH & SOUTH — 7154
w 0 Tuym Court 6
JO&ism AYB. bstnsatt San Lids DrIVV & B a0k Strsets.
Hadr»sdv, 3aPt. 10, 1958 and Ttmrs"Y, Sept. 11, 1958.
SOUTHB0UM0t
2t00 PM 41770
4+00 PM 42216 W16
6100 PK 42834 618
8100 PM 43192 358
10100 PM 43416 224
2t00 AM 43559 143
6t00 AM 43581 22
8t00 AM 43836 255
20t00 AM WO.66 330
12t00 6 44490 324 (�
2107 PM 44801 3u dc
smiBOun TOTALt 3031
AORT 0 LeWt ( �
200 PM 56960 j
4too PM 57410 450 U
6to0 PM 57960 550
8too PM 53M 330
20tO0 PM 58513 223
200 AM 58613 100
6too AM 58641 28
SOO AM 58889 248
10000 AM 59334 445
12t00 H 59708 374
2100 PM bck175 367
3MTIMM TOTAit 3115
MAL HUCH & SOmt 3k6
Y.. •MAYM WWI{ •
AQWX ANB. btOww Ussil 1, IrIS st+RA&
ft&NA WO W't. 109 1953 r< n=44 y* = en% 11r 1950.
scurvomr
2r0D PM a0065
4#00 PM O*n ZP6
6r00 PM M048
6800 m aLm
13100 PH OX579 >o
2200 AM 01709 7"
6&00 AM 01720 19
8r00 AM A937 209
WSW AM 02209 272
12130 x a2477 w
210D PM own � J
SOT,-ODkW TOTAU rm
masomams
2200 P!1 OOdjB
4100 PM 00570
6r00 PM mms llei
SIOD PM M369 Z91
loeao PH M505
2r xn AM Ulm 73 N
6r00 All 01613 25
sloo Ali Oi 71
1Dr0c A:. 023am 500
12too N 7961:' 318
200 FM am 2;7
;gym" m evAAU gm
srrrai. =2:- 4 X=3 za
'i'hAFFIC CJUNT
Weather: Fair 1 Mar4
Johnson Avenue - North of
Sydney
Thursday bept 18,
1958 & Frlday Sept 1.9, 1958-
S OUTIiBOUND
2:oo PM
45900
4:0o PR
46135
233
6:00 PM
46400
265
8:00 PM
46541
141
10:00 PM
46640
99
2:00 AN
46708
68
6:oo Ax
46716
8
8:00 AN
46796
8o
i
10:00 Ai!
46944
148
12:00 N
47114
170
2:00 PM
47263
149
SOUTKBJUND TOTAL
1363
NORThBJUND
2:00 PA
C1170
�r
4:oo pK
61415
245
6:oo Pk
61626
211
8:00 PM
61780
154
10:00 PH
61842
62
2:00 Art
61881
39
6:oo AM
61890
9
8:00 Art
61985
95
10:00 AM
62198
213
12:00 N
62297
89
2:00 Qx
(2429
142
NORTHHOTTND TOTAL
1259
'"
TOTAL NORTH A SOUTH 2622
Jatarm - NOr4h at Loore1 Low
rmlsdwa *A. Ms 1953 A i3LW* Sept, 12o 195a.
XVZMVMR
2►00 PH Wom
4►oo PH W048 147
61,)o PM 403 ' 35
ill 3200 PH 4" 61
V 1 2#00 AA 45u9 25
6►0o AN 4$00 li
j � a►oo An 45ri1 Ul
Ij weao AN 45%l 70
12►;)o N 1IU6 64
1 2100 m 45535 90
1 SNMMOM IIWAL► 734
2►OD PFt 6ao75
4►oo PH GAW
6200 Px 60302 3"
a►00 PH 60334 72
lowo PH 60425 41
t►ao AM 6ab61 36
6►oo Arc 6OW 7
e►oo Ail 60543 75
10►00 AM 60632 89
MOO N 60TU 79
200 PH 6o001 90
xmmwm Tmk 736
J01=2 l Nwattte - North of l N*W
':'-.mw4's }font. )1t 195i1 & !VIAWj 10,1% 12s 1952.
;-car...=i 3�
2t'Y_) PH 02321
b.t(" PH 03067 246
6100 Pr 03287 220
6s00 PAC 034U 12E
l)tG� Y,i 03521) 1^7
2800 Net 395til9 M
6203 NH 73593 !.
'JIL a t 03677 `14
00 1:bAll 03337 160
12t00 4 33964 127
2100 Pit 1=
�] 3AiidSHwMili Y10",NT4 U"
tii7'.CYt;i4NeDt
2m Fm 02[176
49w em , 70
6100 Rt 03069 us
8100 PH 03098 29
2t00 An t A
6eas Ax Q WA 10
3900 AN IM77 35
1000 AM 03337 260
12t00 0 03474 67
2t0!J PM Fadv rountw
Tams See (seearpasa)
2326 (bwmRgWta)
s��tl fif yr wL"t'1 ,.•
•
CITY OF
CITY PLANNING DIVISION
S,AN LUIS OBISPO
CALIF0RNIA
Honorable Mayor and City Council
San Luis Obispo, California
Gentlemer;
April le, 1958
With the continued growth and developnent of the Johnson -Laurel area
the Planning Commission and in particular the Small Subdivision Com-
mittee are confronting problems in connection with required dedications
of rights of way where Clan lines have not yet been officially estab-
lished.
This is particularly true on Johnson, lacking any formally authorized
plan lire, we have been using cur best judgment in desi;mation of
setbacks. However, due to informal azpressions of feeling from the
City Council, we have refrained from undertaking any new plan line
hearings until the South Street matter has been settled one way or
the other. The Planning Commission has authorized me to write this
letter and respectfully request the Council to advise us of the current
status of the proposed plan line on South Street.
Sincerely yours,
Leonard L. longer
Chairman
City Planning Commission
LLlcs
San Luis Obispo, California
February 24, 1956
The Honorable Mayor and City Council
San Luis Obispo, California
Gentlemen:
As I stated at the last meeting of the Council, it is my
sincere belief that the Council should not adopt any further
plan lines without first adopting a policy or amendment to the
existing ordinance which will insure fair and equitable treatment
to the property owners affected. I realize that this action is
proposed after two such plan lines have already been adopted,
however I feel that it is never too late for remedial measures.
Of all the opinions expressed to me regarding the plan
line program, the most common is that property owners are being
deprived of the full use of their land for an unspecified time.
The Council readily admits that at this time there is no "calendar"
for the widening of the major streets to be covered by plan lines.
Attached is a copy of Los Angeles County Ordinance No. 7216 for
your perusal. This ordinance establishes a procedure for the
issuance of building permits on property within plan line areas,
or, in the event of the denial of such permit, prompt acquisition
of the property by the county. I feel that a similar procedure
would be acceptable to the property owners in our city, and would
be of great assistance to the Council in overcoming opposition
to the adoption of future plan lines.
Very truly yours,
RGS:MB Richard G. s1 ight
HAHN, WISE and BARBER CITYL A NRCOUNTY PLAN N I NP tl
L A N N 1 N O
1 /� INOUST RIAL •UA,
Planning Consultants T A T I i r I C A I A N w L r i l•
-- --' 1558 LAUREL STREET
SAN CARLOS. CALIFORNIA
PHONE LYTELL 1-0174
LAW RENCi w. 'W 18i
.AL ER NANN Jn.
JUST IN IREORIC BARTER Jw
February 6, 1958
Richard Miller,
Administrative Officer
City Hall
San Luis Obispo, Calif.
Dear Dick:
In reference to cities and counties that have
adopted plan lines, the closest one to your city is
Monterey County, where the plan line procedure has been
used for years. Some of the main streets have been
Market Street, Alisal Street, Laurel and the Monterey -
Salinas Highway, all near Salinas.
Of course, Redwood City has had plan lines
established for many years on several of their main
streets. San Mateo County, Santa Clara County and Marin
County have also used plan lines successfully and exten-
sively, as well as the Cities of Santa Rosa, Vallejo,
E1 Cerrito and San Jose.
I think you will note that areas with active
planning programs are in the forefront with following
through to try to effectuate their planning.
Regard,,
IXT'ry Wuse
HAHN, WISE AND BARBER
LAW:lm
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length of skirts. Street widths in proportion to traffic requirements, actual, probable and possible are important, but even
more important are street axrangasrsnt and street design directed tovard preservation of the livability and usefulness of land
abutting or fronting upon streets and tAraard the proservatica of the livability auid usefulness of neighborhood areas nerved
by streets. Street widening which acccayx:ieie5 saargly a raider traffic way many be only half a solution.
The book concludes by suLgesting a tact of the plan line procedure based on one simple gaeations is the rsatrietion of the
use of private property for the protection of ailaquate street systems a legitimate use of the police power an understood
and accepted by present-day society? Sooner w later distinction between methods upon the grounds of relative legality
will 'jo brushed aside and method will roimain important only in respect to its relative adaptability to local c,>exiitiona
and custa"o More important and more significant is the growing recognition that along with the benefits derivsd from
==unity integration of property, tbara is imposed upon property and its owners tho obligation of sharing the responsibilitiss
of integration and of ataintaining that integration through thi processes of change and developasnt. Streets, adequate in width
and pl.r.n, are essential to tw mxnity life, hiew standards of ,rapacity, alignment and costlinses of .Vrovomants have been
impo*d on streets by new dovelopmeats, chief among them thu automobile. Coate of remodelling established streot,systents are
great, often prohsfbitive. The remedy Use in the wselicration and prevention, fiat through planning and then through protection
of plan., The protection of reservations for street uidenings and for nev streets to perhaps the most important element in the
protection of rasa. Methods of protection are still a little uncertain and parhsps a little crude, but as to need there is no
uncertainty. Methods are evolving and will be parfocW.
For some Lima, the City Council and Plannint Commission have been
studying the traffic needs of the city and tie desirability of setting plan
lines for the major streets of San Luis Obispo„ The purpose of suck: setback
lines would be to prevent construction of improvements within designated
rights of way thus eliminating, the necessity of conde^. ing buildings as well
as acquiring land before the street could be widened,
One of the questions which has been asked many times is the method
to be used by the City in compensating the property ovner for the dedication
of rights of way in connection with such street videnines and hew lone the
city would wait before it undertook the widorings„
For aany months, the Council has been investigating the practices of
other California cities, welching the various alternatives and ottempting to
arrive at a policy which would be fair to all concerned, At this time, we
are announcing the results of this investigation„
It is our plan to work cut agreements with individual property
owners on the following basist if the property owner will dedicate the
necessary right of way for the street widening and agree to install his
sidewalk, the City will install the curb and butter and pave out to such
curb and fatter at no ezperse to the property owner other than the cost of
the sidewalk. This work would proceed as soon as thn property owner and city
could reach agreement erd provided that the city had sufficient moneys to
keep the program going. The dedication would of course be conditional upon
the city completing the curb and gutter installation and widening the roadway„
The policy would not apply to the commercial or industrial areas of
Lim city or to undeveloped land but would apply to erd=tinC residences or
lots about to be built or, as evidenced by the application for a buildinu
permit and substantial start of construction,. It would apply only to the
-2_
nc:raal residential frontage.
The city Is policy would remain the same on lot splits, sut:divisions,
varL^noes, etc, where the practice has been for the property owner to make
the necessary dedication of right of way and installation of curb, gutter,
sidewalk and other improvements as a condition -
The city plans to adopt a new policy on all major streets requiring
a six foot sidewalk beck of the curb line but with no parkway, We anticipate
that this will greatly simplify the plan line procedure and will make possible
the widening of our streets without undue hardship to any indivic'ual„ The
right of way width back of the curb line would be reduced from eleven feet
to six feet on each side of the street, thus reducing the total width from
86 to 76 feet,
It is anticipated that in some residential subdivisions, particularly
where the Iota do not face on a major street, the subdividor may be given
the option of installing four foot sidewalks with parkway tetween the
sidewalk and curb and gutter or going to the six foot sidewalk installed
flush with the curb.
Vhere a residential property owner does not agree to dedication
of the right of way, the city would have no alternative but to wait until
it had the financial resources to acquire the right of way by negotiation
or condemnation. In the meantime, that portion of the ruadwey would not
be widened.
The reason for encouraging sidewalk improvements in connection
with street wider.L7g is to provide more safety for our children and pedes-
trians in general, It is also felt that by installing the sit'owalk cud
curb and gutter at tho same time, lower unit costs could be obtained
Initially and future maintenance costs would also be reduced because the
two improvements would tend to hold together„
CITY
OF
SAN,LL!IS
OBISPO
CA1.1FOR NIA
a'
r
�g
CITY PLANNING DIVISION
November 2.7, 1957
Honorable Mayor and City Council
San Luis Cbispo, California
Gentlemen:
Attachcd please find a copy of Resolution No. 86-57 of the Planning
Commission of the City of San Luis Cbispo. The resolution recommends
favorable action on a proposed amendment to Section 9300.4 of the
Municipal Code to allow adoption of the South Street Plan line.
The Planning Commission held one public hearing on this proposed
amendment om November 21, 1957. ':here were no protests.
Tn accordance with Section 9300.4, paragraph 1, of the Municipal
Codes the Planning Commission herewith submits the resolution recon-
mending the proposed awndment for your consideration.
Respectfully,
Donald F. 3ohnson
City Planning Technician
and Secretary to the
Planning Commission
DFJ:cs
Mo.
• i
octobor Z, 1957
Honorable M'ryc: and City Council
gxn Lute Cbisp�, California
Gentlemen:
At the request, of the Council the cities of Pomona and Arcadia were contacted
this morning by phone on the question of right of way acG,Ssition for street
widening, which policy Is currently under discussion by the Comcil„
Mr. `..harp in Pomona Indicated that his community is now considering six foot
sidewalks flush with the curb and with no parkway. Tlr Council may wish to
discuss with Mr, Romro the possibility of this standard in connection with
our plan lines which would save five feet on each aide of the street.
Advantages of the integral curb and sidewalk include elimination or the
parkway rAintenence problem, longor life for both the sidewalk and curb and
gutter because of a roduction in the subsidence factor and less problem with
trees which would be planted back of the property line and would thus become
a problem for t1w property owner rather than the city. Mr.:iharp indicated
that the city would install the curb and Cutter and widen the streot If the
property owner would put in the sidewalk and give the dedication for the
right of vay. This would apply even adhere the cedication was only th3ce or
four feet in order to make the policy uniform. The city would go along with
churches since they are usually rather hard pressed for funds. Semll businesses
which were nonconfonaine in a residential zone would also be included in the
policy but servicc stations and businesses in a comsercial zone who could vell
afford to take care of Heir own improveme:nls would not he granted such 6
concession,
In Arcadia, the city has the same basic policy except that their practice is
to wait until they have riflits of way for an entire block, or so before proceed-
ing. In the meantime the property owner receives a letter from the city
engineer assurint, him that the city will place the curb and tatter at some
e later date at no xf:ensa to tyre property owner in return for dedication of the
necessary right of way. The city makes it a practice to -pick up dedications
of riflbt.a of way in connection with variances, lot splits, use permit::, etc„
but agroes to put in curb and gutter for the property or,ner where there are no
other strirWs attached and the property owner is willing,, to dedicate the right
of way. The city engineer of Arcadia indicated that a church would receive
the same consideration as a residence.
I believe Via answers some of the questions thr Council raised at the last study
meeting.
Sincerely yours, //4
RICHARD D. 14ILLM
Administrative Ofricer
� t�3
DRA7T • •
October 2, 1957
iSonocable 1layor and City Council
Sa.� Luis f'bizpo, California
Gentlemen:
At the request of the City Council, the undersigned members have studied
the matter of compensating property owners for dedication of rights of
may which are Hooded in the process of widening major streets within the
City„ -he coenittee spent considerable time during the recent League of
California Cities convention in discussing this problem with other cities,
and we believe we have arrived at an equitable proposed policy.
Curtain details will be" to be worlmd out an we go along, but we feel Out
we at least have an answer for Mra Fred Waters who, me you will recall,
requested a decision from the Council as to whetiar or not the City would
install the curb and Cutter in frogt of. his mansion if be dedica„tgd
__.
right of wayfiA'Zh§-City. -iinropoae a aolicv vSere a
this curb and gutter, provided that the home owner enters into an agree -
rant which would provide for his installing sidewalk at the same time at
his expense. We believe this should be restricted to the frontage already
developed as a home site or about to be developed as witnessed by the
application for a building permit and substantial start of construction,
It seems to be the universal practice to require outright dedication in
connsctia� with any subdivision of property or construction of cosunercial
or industrial improveesntsi since there are many advantages to the
corrrrareial or industrial enterprise in having the curb and lvtter situa-
tion settled at the time of canstructiea of the place of business or plant,
It Is anticipated that the policy outlined above would coat the City
considerable money war a period of years but very little compared to tiro
benefits to be derived not only by the City in eventually arrivinC at
widened thoroughfares but also to the property owner in providing
:Lnprovews Tts to his property which could not help but enhance the value
and utility of his property. Va sincerely feel that the proposed policy
would be equitable, practical and economical, at least in the long run.
We mill be happy to meet with the Council as a whole to discuss this at
any time.
Sincerely yours,
Counci Lren Nola 'Lne?c
Councilman liich"d Sleight
CITY OF SAN LUIS OBISPO
CAI.IFOR NIA,
CITY MANNING DIVISION October 7, 1957
Honorable Bayer and City Council
City of San Luis Obispo, California
Pear Sirs:
Attached please find a copy of Resolution No, 56-57 of the Planning Commission
of the City of San Luis Obispo, The resolution recommends favorable action
or. a proposed amendment to Section 9300.4 of the Municipal Code to allow
adoption of the F221LUJ Boulevard plan 1 This plan line sets the width
of Foothill Poulevard from tie —city is to the Southern Pacific ri¢ht of
way at, 86 feet.
The Planning Com¢ission held one public hearing on this proposed amendment,
on September39, 1957. There were qu stiors or discussions from nice different
people, butonly two an eared in protest.
Tn accordance with paragraph one of Section 9300.4 of the Municipal Cade, the
Planning Commission herewith submits the resolution reeommiending the proposed
amendment for your consideration.
?espectfully,
Donald F. Johnson
City Planning Technician
and Secretary to the
Planning Commission
DFJ:cs
Erc.
-he Genera 1111i eev-mofing (
YOREMOST IN METAL 9USiNESS FURNITURE
youngstowit 1. Ohio
September 19. 1957
Mr. David F. Romero
City Engineer
San Luis Obispo, California
LAUREL LANE PLAN LINE
Dear Mr. Romero:
Your letter of September b addressed to Mr. A. J. Ball has been
referred to my attention. We are pleased to know that the Laurel
Lane Plan Line has been officially adopted by the City Council and
that it became effective September 18.
As Mr. Ball has indicated previously, we find your form of deed
easement in order, and we stand ready to execute this document
as requested. As our authorization for such easement, however,
we should have a certified copy of the CityCouncil resolution
adopting the plan line. We do have a copy of RESOLUTION NO.. 248
(1957 Series) authorizing the acceptance of an easement from The
General Fireproofing Company and directing the street widening.
However, we should also have both for record and authorization
purposes a copy of the later resolution actually adopting the plan
line.
We are pleased with the cooperative effort of every one in San Luis
Obispo, Mr. Romero, and we shall submit the deed easement requested
promptly upon receipt of copy of the official action of City Council
adopting the plan line.
dcs
Sy'ncerely,
"a M. F. OGAM
............Puss n..0 ..... I.L GvnO -- O.V.[ ....H� btwnM[
CITY OF SAN LUIS OBISPO
CALIFORNIA
Ai
CITY PLANNING DIVISION A,ugust1, 1957
Honorable Mayor and City Council
City of San Luis Obispo, California
Dear Sirs:
Attached please find a copy of Resolution #39-57 of the Planning Commission
of the City of San Luis Obispo. The resolution recommends favorable
action on a proposed amendment to 'section 9300.4 of the Municipal Code
to allow adoption of the Laurel Lane Plan Li!g. This Plan Line sets
the width of Laurel Lane at C6 feet.
The Planning Commission held one public hearing on this proposed
amendment, on July 18, 1957. Three people appeared in protest -
M.r. Charles K. Ruck, Mr, 'Alter R. Johnston, and Mrs. Rose McHeen.
Tn accordance with Section 9300.4, paragraph 1, of the Municipal Code,
the Planning Commission herewith submits the resolution recommending
the proposed amendment for your consideration.
3espectfully,
Donal�s?'(_
City Planning technician and
Secretary to the Planning Commission
HAHN,
WISE and
ASSOCIATES
�'�"� COUNTY .�`�"I
In Du•r ilwL sueYSY•
Planning
Consultants
•Tw* •r cw� w"w Yili
6UIT9 17. 61 R[NATO COURT
RiDWOOD CITY. CALIFORNIA
rNONB [M[R6ON 6-0514
City Council
San Luis Obispo, California u November 28r 195+-
Gentlemen:
The enclosed map represents a new and useful planning
tool - low level photography! =ow in cost and high in value!
The principal uses to date are: Sewer locations, parking
studies, special surveys and, as indicated by the enclosed map,
Official Plan Lines,
Plan Lines (future width lines% establish reasonable
setbacks for new structures. :his, in virn, allows for street
widening without the cost of acquiring new buildings.
Many cities and counties, wits adopved Street and Highway
Plans, are unable to protect major s?ree`.s from building encroach-
ment due to lack of personnel an,")-igh cost of field engineering.
By contrast, Official Plan Line Maps, created photographically,
cost a fraction of a field surrey; In addition, they are accurate
and dependable.
Further information regarding Plan I1^es, adoption
procedure and other uses of low le>.,ei photograp>y, will be sent
upon request.
Very truly s,
awrence A. se
RAFY, WISE AND ASSOCIATES
LAW: Im
Encl.
IC I
F 4 E
U N E
ar Clow
,
• �
���1920lt�,
0 X
AEREOGRAPHICS
3150 MIDDLie6LD RD. DALODALOALTOAIRDDA
L
D-NDJ DA Nl.TD
October
22, 1956
Mr. David F. Romero
Director of Public Works
City of San Luis Obispo, California
Dear Mr. Romero:
This letter is of course, to Mr. Johnson and all other inter-
ested parties as well. I should like at this time to confirm
our conversation of October 15, 1956 and add certain clarifying
details.
1. Large scale aerial strip photography. Reference letter dated
September 5, 1956 to Mr. Don Johnson. We will provide photo-
graphic enlargements to a scale of 50' = 1" of something over
11 lineal miles of streets for a cost of $75.00 per mile. Film
positives suitable for Ozalid type printing will be furnished
for an additional $15.00 per mile. These photographs will extend
laterally (at right angles to the street) for a minimum distance
of 800 feet, but the scaleable portions will be limited to 2" on
either side of the roadway, We will require the following infor-
mation and services from you. (a) White stripes approximately
4" x 2' at distances of 200 to 250 feet apart throughout the length
of the project, at right angles to the street centerline and so
placed as to not be obscured from directly above at the time of
photography. (b) Information on the distances between stripes,
either in the form of a statement that they are so many feet apart,
or a map pith stripe positions shown approximately, and horizontal
,distances noted. (c) A map showing elevations, accurate to plus or
minus 10 feet, at the beginning and end of each strip (individual
road) and at points 1500 to 2000 feet apart along the road (precise
positions not needed).
2. Mosaics and Atlas sheets.
Enclosed is a sample portion of A mosaic at 500' . 1". Although
it is one of our rejects it will give you an idea of the amount of
detail visible at this scale, and also the appearance of the
double weight, low shrink semi gloss paper we use for this work.
A mosaic of your city at this scale would cover approximately 40 x
45 inches. Two prints, including costs of flying etc., would come
Mr. David F. Romero Page 2
to $370.00. Street names or other detail could be shown also (see
sample). Atlas sheets (enlargements of portions of the original
photographs) at a scale of 250 feet per inch covering the entire
city in 6 to 6 prints would cost $50.00 additional.
Very truly yours,
/ CL
hili A, Pitsker
PAP:nmo
Encl:
- • . FILE COPY
CITY CLERK'S OFFICE
CITY OF SAN LUIS OBISPO
i'laxuritcg SoOticv:
October 1 1972
San Disgo, California
An. BVIIJITj+r1 T.il:F.
iDH �iil .u%�r i.-i;;':t;Tl1�IT-, ITID?
By; Fsul E. Slocne
1. %thack lines Limit tta ues of private ro rt .
It is no sea.,, task to deten11131 tt:a Poim at whi•:.h government etweld
cease Ste cncroacbmOnts upor, inc,ividus}.:resdrn lrc tbx� cvir expanding e:x'rcloe
of poltoe posaro under t'•.:;! slogan Of "gansral ec1rare". ""is is, no doubt, cm
of the ffeatest prcblvr,;a facing the trend of modern tilers. With the over inomac'
Ing ccmplexity of cociety, oxnnsien of irnlustry and tre"1c, and r;rowt: of
populeti.on, tba need for these C vern rtal advrnous becvnes ever f}nate_, and
the free:lcr.c of the individual becomee ever more restricted. It IS this trend
that hca mrla the advance of cmL'ucistic and sociological ideologies 90 oaey,
and bas often =,,zed freedom loving people to becemo "follow travelers" without
realizing It.
However, ve cannot shut cur e_es to the mceacity of advances turf
goverra,Znte in this directicma if gosesirAente era to survive and civilization
is to advance. tJc cannot sit etolldl, back and strive tc hold the lira at the
point an,`,.oyed by o�w nnreitors In rsB,:ect to Individual Pyeadom and the sanctity
of orlvste property.
;base uorda from a reprueentative of a privately oerwd public uLllity
;curt a0wuf like haieay. But I will beaten to add, that oeitt: r meet w lose
sight of tbo fact that Prosacvatim of for freedom, prosperity, initiattva and
Iap;,Sreas of indSvidualn to the solo juetlficatzcm of, governments, as OPPoeed to
tt;e a(;Cr&dize.+.aW, of any city or state, even wbOn supported by the uhim of a
-1-
nwa.jvx`.4, rr.t jr: Lho dis L'.::.otian, I believe, botwoan c coram>.riet gc-verwaeor;,, a:K.
a Republic, - yea, even hotawoon alnvery and the purswlt of huppiswds.
110 agency is closer to the fr;att line of attack in this conflict, 1
prasuno, than the plam,'.r:g COaT.i.slo` dm of our cities and counties.. They am
often out in ro-rmn's lard., and ret caught between the eorlRictiM fiirs, tiers
now Uwa arc in the riskiLf� mvey ";r, and the antagenie^.a born v intense. fro
sraekc a:o I listened to a prcninrnt attorney of -'ion Franri.sCO address the Phasing
CoaraiL:•ton of Ccntra costa Cwunty, which iuid just adopted a. cotTrebensive plan
for n entire co:u;t,;, He declared that he had boupht a count;-y place in the
hill* or Lh-,t county in order to mine c1dc1lona, to escape the harassing mivla-
tione or the city, and to enjwa- his final years ill m:7uirg hie psmonal hobbies, -
but. now ha was heinf, tol<t what he could raise, and what 1n could build, on
hi.a can property Fv pointed to the Constitution, and the FN_ll of i:irhtn, and
waived the f.carican flag. We al.l applauded. After t10 msetirg Baas ever, he said
to cB: "l. knew T havan't a chance, but it mime are madla
This am point I want to tmke clear. Thy only vesti{,,e of power that any
plaaning comiasion has, or that airy city bee, to fix setback lines, or impose
buile.Lwg restrictions, o^ to tell a man what he can pie with his own private
property, seats on the police, powers. The police uowors ass nothing more than the
p .,sra of gavemrwnt to praserve and strengthen itself for the hatter case of its
individual ci.blaetm. It is in;;ortant, therefore, that we new give ease thought
to Wining the arbpe of those police powers.
2. What are police powers"
The f1r=t time I ever heard a definition of police pavers was in oollogo.
Us t`:mro hu:d a White haired instructor, who had long been it prominant juc!Le in
Illincie. he deeply Lnwressed his class with the definition, often found in the
cases, to ti:e Offset timt the police powers are the powers of govsrnmsnt to do wimt-
ec-er ie. nu xsaary to prOcu::m i;hsvo tliiL0 uklwatial for 1.t;,
Public scfe*y, public health, tivi public morals. These three things appeared
simple anoufji and vore easil;, identiflad. If a lew or .reT. lation did not fall
within cra of these caCcgcrles, it exceeded tha Poling ponors.
Fat the cases have often added two other catercries: - "Public
welfa.:-a" and "tn+bllc com.=icnoa^. Those are net simple and easily ldeetifie;d.
They may mean an'+thin T,i courts have straddled even, which way in trying
to apply t1mm. .i planning cosmissior or judge can justif,; Any aesi od and
under these to,zx accc: dinC to its own 3udglw, t or prejudice. These last two
catsecrias nest not, therefore, 0e accepted too readily, in the absence of One
of the first three cet�gorios. Me decisions quite consiatei,tly require 6ax
elerent of the first thr a to support "public wolfars" or "public convenionce"
in justification of an allonod police power. Nor is this ususl7,Y difficult to
accomplish, as a readiece of the cases disclose.
Vie invariable preswgtion is in favor of upholding the municipality
or planning acunL<eion, if any elemant of these catarprise can be found. Tie
test is alway$ "reasoneb]eraxas^, Tim c urts have declared that no clear defi-
nition is possible as to what constitutes a :easorable ragulatlon, in thaw
proo:enent of public health, morals, safety, welfare or convenience. Pollee
posers cannot bo precieely defined. They are the essenm of govemmmit. Nor
will the court= substitute their judenents for those of city councils or the
p1m,-ing cor;alenlnns an to reasonableness, in the absonee of a wr clear
ahowir, that the not, of these agencies has been "arbitrary, unmesensble and
disc,414"tory" (to use the words of the decisions).
f7', a 'lu-ther definitions :nay nid in z w dets»2inntion of act$ that 110
within the categories of poli,ee powers, and of what constitutes rVesonable exercise
of police pwera. i'olioe pours are defined in New York v. fits (1637, 36 U.S.
71J 11 Pata re (U.s.) 102, a$ "the inherent power of i ovenmcnt to maL:t.ein the
general soorn'ity, geasral ncrals, and corvlitiona of sociel and political life".
Thar court, ir. cotrorweali;h -v. Alger (1851) 61 Mass. 53; 7 Ctinh. (Mass.) 85s
held that under kieriean eor.titutions which licit the exercise of thia power,
police powers inulwie each ref, powers as are not restrained by the bill
of Rlrbts. ifebster defines this power as "the pawir of the state to protect
the public %taint the abuse of individual liberty, that is to restrain thO
individual in the exercise of his rights when such 0)wrCi Ee l;ecomao a dcngar to the
corim:nit.'".
In the case of' Euclid V. lc�aer Co„ 272 U.S. 365 (Oh. 1926) Justice
Sutherunnd laid down sera guiding principles. Ik: repeated tlm r11 known Latin
principle, often dsclarod to be the basis of police no:,ors, w::ich translated
reads: "so use your rn-, that you do not injure that of others". fir pointed
out that uhatever is a public nuisance is within tl:e scope of police powers to
forbid or regulate. As you have soon, police povora cover a broad scope of
rsguistlons. In tha Leading once of .gum v. Slliaoie, 94 U.S. 113, i'hlef Justice
Waite, in 11;76, pointed cut thut private proport^ which is dedicated to a public
purpose S:wmdiately baccmee subjected to the right of goverment to regulate
for the public good, sirrz�s such public purpose affects a governmental prerogativ"
and that aech regulation, through an encroachment upon the free use and enjo;arJrt
of private property, is not a taking of property witbrut comimnsation witbin the
meaning of the 9edeml coru:titrtion. This court also stated: ^4t; ea one became
a m ml*r of sociek-, be necessarily parts with soma rights and privileges which,
as an individual not affe,tted by his relation to others, he might retain". This
cace involved the right to regulate the rates :`verged by a public varehouoe, as
a police power. Justice yiwld qmm ualifornia), however, wrote a strong
dissenti-ng opinion. Nee also M this name aubjvct a articles in
46 Colusbia Lnw l[oview (1946) ct page 108.,
-%Y
4tall ostabl rhed public opinion, er tLO Wishes of s majcrity ati the
people in favor of any given re Action or rvstrictio= orprivate property for
the po.,lic gam, ''rhJ-ln nut a valid criter, on as to the scope of police powers,
is undoubtedly a persuasive factor in detorm7ninF the court** view as to its
reasontlrlaross, and as to its ju.4tificaticn on the ;zrounds of Public welfare,
security ca health. Sae ittcci c. Noyer (N.J.) 135 Atl, 666< !iubcnk v. Richmond,
226 D.S. 137.
While the rcope of police powers is large, thorn am two instances in
which the courts appear cOnaistontly to have denied its application: (1)
Whare aesthetic considerations are the only olenent of public woU. are or
convenience involved (nee Thille Y. Board of Public c Works, 62 Cal. APp. 187; Fza•th
Y. Cbsrlvnton• (t/. Va.) R4 S.E. 105; and (2) xhsre t!re sole propose has been to
down the value of private oroporty in order to ussict Its later purchaee by the
city of private property In order to aorist its later pm- hree by the city or
county at a saving to tin tax payers„ Sstbmck ordinances and regulations
appear particularly to have encountered a split of authoritiaa snong Lba courts
as to whether or not they fall within the police powers. Tbia rev be due in
large part to the fact that in t:`rse C,eOF the only public welfare often appea
to be errs or the other of theeo two non -sanctioned factors.
Stuttgart v. "trait (Ark.) 2„5 S.W. 2d 35
on unt we (ye.,) 128 Atl. 181
a or onm v•-15erie (Siena,) 15o N. 86o
u v, (Moe) 22 S." 861
a v. rn� (!tuna.) 213 N.W. 907
ko�rai a7t moo, V. BxH. of Can's. of 21aR
�'orou o. '.'a on ra
3cr v, ondon a, 6 Atl. 2d 135
..ou v. ju milan !Is.) 145 Atl. 1121
ate V. ! at agg��1i'T1ern.) 259 S.W. 545
V. hTtrnan (r•7s.) 72 So. 742
c>e V. rana (N.J.) 132 Atl.337
0 eta a. 131, Atl. 409, 4,
�t
.: sry :;;c: ducisivas irrvolvin/+ setback 11eroe for rtraet :`.conI n—Lr eas„
FYr m vhnt has been said of police Poware generally, it is IT view that
"building lira setbacks" for street widening purp000e alone era invalid. If, at
the tirm of establishinf such setback line, the city is actively and definitely
engaged In the work or seAeniru such street in order to improve, present traffic,
safety or health needs, and it passed an olvainsr.:� establishing setback lines
to the proposed widened stnat lines pending the prompt purchase of the property
required, such ordinance might be vpreld. hove ter, setback liras cannot be
legally enforced, in IV opinion, merely because there exists a long-range nebulous
project to t?.den streets at some future date, either for aeathette rnasons, or
even ice pxoapocti,e health, safety and traffic made vl,:.ch do not yet a:dst, -
and vlmre the Bola inradiate purgeso is to prevent an increase in 7alue of the
property Within the proposed street areas when later purchased or oondam- d,
�;vch eat4nek lines are, in such coaac, a taking of private property without
comoa:V^ation, end therefore unconstltutional.
I have been able to find only two dec sions that bear on this Point.
Both of these arose in the anme city in New York State: - Headley v. docheater.
5 N.W. 2d 19p (1,36) and '.hngeellov v. P.ocl:eator,71 N.Y, sup. 2e, 672 (1947). in
I of three cases, however, the caste sidestepped the iaeve. Both Mr.
t'hitaall and I may find some support for our respective contrary views in
each of these ewes. In both cares the setback lines wore imposed by the adoption
of the sane 0"ficial lisp or Plan for the city, as authorized by state )aw,
which Imp indicated the contemplated street videnings, rw state lac: prohibited
building within such contemplated widened strip„ No crazdaumatien of the property
or reirirnraaimnt of the owrar was provided for this dendAl of use of property.
In the Beadley case (5 r:.r:. 2d 198, P. 203), tlx: lower appellate curt
had veld (288 N.Y.S.. 277, 278) that the adoption of the map fining this setback
area was "nt:cwiatitutlonal in that it deprived him of property for a public use
-b.
• •
con— zrrather..", ihir U� icia" howe-mr, was rnrvorscd on armed oat a
gre,:ui that Headley pleaded no damage, no denial o'' a boil%sal; perait, no
desirod use of his p-q;erty that was being restricted. V.a uppor crnitt thatefeMe
held ',hat aaeadls; "Lacked atetus to mine question of constitutionality",
and his suit was therefore diwai.-aa , no court addedr
'17hattAr the atate mail i.niwse condition for
the inmence of pernits in order to protect: the
intogrit} of the plan of a city whom it appoera
thaat such conditions interface with a reasonable
use to which the land would otherwise be put or
diva-shes the value of the lard should not now be
decided."
The court hero appserod cell justified in its decision-
T;m Vengellow crec (71 r'..Y.S. 2d 672) also sidestepped the tome, but
with must less reaocn. It tried to justify its position by claiming to be
bound by the headley caoe. "TQ judf;e in the VarValla- case souc K to claim thorn
Hoadloy had actually suffered. dataege, :and that the hi; bar eppellata coot gild
not mean what it osid, since the setback line did bar tare uLa o^ ISeadlay of a
portion of his property. The judge in the Vangell.ow code aaidt
"Therefore, when the Court of Appeals held
that he was not an agjrievnd party, it could
not have meant that he was not a*fectad, but
rather timt he was not damoged, for the roaacri,
ae the opinion lndi.ci:tes, that inability to
build in that strip did eat dapcciate the
value ae his property as a whole, aver interfere
with arty use to wbioh he intended in good faith
to devote the strip."
As us mod the Headley case, and as .* have bare quoted from it, we find no
support for the above statement.
In the Vonrellov case the plaintiff bed actually sought a jvmit to
enlarge existing butldin;e within the setback area, and the perail.t had Coen
denied. Thio clearly dtatin,vlahed it from the 71eadlay Ca^Op ae the court
admitted, yet, that court naverthei-new sidestepped the laoUa by c=Cluding thIt
tre Official Hap or pj. "Se not totally void", as applicable to pl.aintUT's
-7-
r St was aioptad ali:rw
c. ;;tntax�, lar vhi than 'Yielding$
to procure' 6 deturr.tnation br a city board Whether ttrs 7.rnd
value to the Darer+ and if Trot the board bsd tho Pos:sT to
fair return On t been takery
this court avoided the
game this st,:p h:id rv� • n unt!.1
allDw a var'ierca. n o urisdiction tO render ju3nt
rased by hOldlnf tbat it had n 3 This enema to rre abeurd, and
issue board.
had boon :.a�ie by tale city
t,Y, to be disclosed by t� court wh-,n it a'_aswt»Te
after a ru]inE
this ubs11ditty appears to
uted Strip
: s insvltable that Plalnti"'t cannot
state=:
be prohibited Iran Ono Sting t err the Alt man b PTDP°r
the That the Board,
without therab; ctDpreand ... fs.to before th, Court
"rkst value oft o
opplyration by PUIr'tiffs #•boon pumcrl,3ss to rahv`.o a
would }lave d-•floor shocw"
on th Ls reeo i tc erect a Brown n
bslldi'v FAQ taxi prOssnt street 11DO. the further
exterdinB ti::iacuon Sri
}lcwavar# ltr. vi,itna'.,1 er5.1-?- Pint erme ae
stat,,i,- of t};at court. c:lx:n it said:
n*gFs:-Lislsasr Pr`nidac v� be ac.^-O>rol£y
as or L`Mfullw
ea
the
without t,O1'i.nlly dirdni• It cal
dOOs not P
s core of police
taus# Pursuard.
Of the premtsa'#
city# �1 tTi° `''mralac. from rt,�ui.rinP. that tare sae toe
to the OnablS3V: ectdtin suet vwrdv to ;avr7aliin the
r as
building be erected ri.eult when aru! if# n
e 8 tMret.r' wIv-ch da to +radon lfo9t slain Street.
ds'-" Ge t Clty $hall "to
minil"1^°
fut.uet Ie scarily hold that
'fhle ststenrnt does Holt haaavort n°o° to Police Pam"
rev -
the dr.^.a4; n r to Ua paid b„ ih. city ie ftse a 7a� Dived in a ea late lice power involved
i any Clement in the
I able to firx wlrloh w111 res'vIt wbrll and Sot
rjrp96. "or
aes "the dsnswe theretolther tM
lotion that minims n the street. MoraeMer# ne
futures {.tre city 91a11 decide a woo ,ter ^tent have any proper
t roliad On by rre abuWas nor this li atst� r
evert held that it Vas without •'juri.sdlCti4ne
atat�=mrn
#loos in ttm daciaion eince the
n dieta�^
1?:c,.v jYt..p.,v nts a•a, wtutt lawyc+rs call mere
-8<
this,
..__.TTu purPore,nf pointing out the serious lim;Latiene teat the lux
cri "kuiiding setback lines for street videnin{; purc:oncs" is not in order
to obstruct such vrxlertn',c"-ngo- In r•wV °=z's, arA vnder nary cirsunetsnot"
the g"mral Pukl.ic will eagerly m.pport such a PrOAram. %"a property 0b1p°ro
l as to a
affected , iS not. financially hurt, will often velcor� pm-! , ,
proposed oLnet widering pmldma by tho city to that. they will be obis to
ns without greeter incon°enicncee at a lator drt+-.
plan their 1.'ure amsLractio
k
unMQ ..ary cost upon the city, and tame upon
as tll as to avoid imposing
tier crojxrt,' Owners, oo8ratios
Much Of the desired rosrilt can, however, be eOcoVllsta d on a ngCp
basis w1il:out ttx. rruaslty of mandatory legislation. The e'd.atint� armnge:aJnts
between the rwblic utilities and the OMMty plsnn5. 1jr. I'hitra has
.van
Josctxjin and fl. m-r nto Palley- offer Mod OxwVIos, re County
Sj has played
,w amall part in brinEinr, this at,out, Umer the 1iAeru Cwnty Setback rJrdirs<rncn
public, utility line constructions am Gx Mted (lmrbrrps by accident), Neverthe-
leea the utilities axe 'ollowing a PrOf�r} with tM murrty wr±oreby theY,
endeavo, to obtain all their rights of way beyond t'be setback linos, `+hca
requested by the aunty do so. `imilar arrangement, am "ollowed in other
Valley counties,
mity
If an1xa form of ordinance is necessary in enter to ,VolOuivee, in
of action by a near-coepemtivs minority, greet caution need be Oxercis»d
draftini- the sans in view of the fact that property rigbte will be so vitally
mdthat ultimate eflects my be eo far reaching and varied for different
aftsct,
riRr.°.,P of i.ndustr:', and that tta law involved is so highly problematic. 'Mu
plannin[; don,11sion should, before so Acting, stud:' tbe-o lagrl limitation
carefAAY., bring any such regulatory ordinance
well withLx clearly dafiru+d policro
pOwerAj make sure that. the Proposal has, full pOPu'_ar support and prucudce a
- I?-
rJML" of encxoacbmenta upon Property rite end upon por aonal
even,; calm slruld be taken to avoid rough-nhcd nethode. Cr_mmisaions should, when
poaviblc., meouvor to 3map out of no-r='e land, ano.. hold tIn ling wtt do tbair
woll-esWa Uehel trancl �r,.until. a real t11roat to public s-futy, health or
rora13 is dterloeed. tram this letter occurs thou orn iasime shmld, of caura�,
po over the top,
SlG'FI81Ei7Thl RM;,fiRjm OF SPrIMP AT THE l 7�14I:Q
TFis is:trouuetion of your and the antini7atory enswors of
Y.r. Hldtnall disclose ttia necessity for amplification of soma of the remxrke I
have made in ry paper.
Ttr3 work of municipal planners is an i.nspirinF one, - that of plenatng
a better cc:lr.amity in widch men alw11 live. It is, bva ar, a task Chet reyuiros
an expersi.on of the police peworn of tlA state to their limi�e. The purpose of
this d1.�,-=a31oa is to understand those lic+ite. 411en we rurpass such lirdt.a, "a
apprcech the idologjoe cf socialism and eons unt n. It is not sesy to dTuw the
line. The difficulty is av groat ror me as It is for you, and therefore,
my refersnca (p. 1) to the clangers of approxiruating cnrmwiietic and social.istle
ideologies, are applied as much to TrYwIf as to yea.
Mr. ' i!i*.mall has reremr d to rW staterisnt that polls powers should rat
be ektendod eo an to epvly to "proepecti.ve health, aa`et.y and traffic nods vhioh
do not as yet exist" (p. 6). He quite properly stated tbet all ordinances and
regalatiene in reaps" to polies powar" are enacted for the purpose of preventing
those evI13 that are presently +.ednent, and aut merely imaginary or purposely
cortenq>lstsd as occurring in the dist-nt future, or such as "do not yet exist".
The Limits of pollee powers may possibly be fixed at U'At point where
Via benefits to all persons or properties of the class inolved are of a monetary
va.ue at least equivelant to tim monutruy lose to any one of that Ir='euP through
initatior:a placed upon his liberties or the 1-mv use of properky-
-10.
Setback ordinances c,7ru:oi apply to installwUonc of public util�ty
facilitiea of a type that tiv utility caqaTW is Authorioed to install in public
stmete under its franchise rirhts, :+ir:cc no theory of an exercise of thx� police
pavers could applry themtc. To public safoty nor public W Iffcro could La procured
by a setback of such facilities under such an ordinance that vou'_d not be defeated
by the installation of precisely t]n satrc facilities Within the street aroa itae)S,
vb1ch latter is not a violation of a pol-im POW" at hex, on the other hand, the
eocperative methods that hate bcen proposed by Mr. Whitrall and that axle in
aoemnerul oper..ticn, batW n rony public utilities and nubile agenciae along
public recede in the State of California, do in fact procure the setbace sdvant*Ces
to Vw public in respect to such public utility fcctlitiss.
Allpublic utilities roccgrise the value of sveh plsnriny, are dssiM tc
cooperate thenwith.
�11•
• . FILE COPY
CITY CLERK'S OFFICE
CITY OF SAN LUIS OBISPO
ARE MrLIZING jtj?DK 59-1 A XS VAMWID
Rye Gordon N7dtnall
i�JR*4iU}�1
If nothing, in thin world wan ever doze without a precedent, ve would
still be living on wild berries, and raw meat killed with a stone hatchet -
In tha field of planning, the author revombera the day when the
proposal to use the police power for purpoeea now called coning van &,mat
universally declared by the legal profes4i.on to be an improper use of Lila
police power. The only reason cited we that it lead haver been done 1.efom,
Later, when New York recognised the need for protecting property through the
mediae of what even then had not become known as zoning, a gathering of counsel
mlermly concurred that. it could not be done because it had not been done, but
one, the late Edward 1?. bessett, questioned whether there miZht have been a
precedent. A thorough search of cases by hir. Barrett finally unearthed the
irportart and often referred to Quong l'o case and the Radecheck driclward case,
both emanating frvn Los Angeles, Then Now York zoned in 1916.
Cases on the subject under consideration have been searched. Thera are
many of then. But none anon, these fount bear upon the subject herb treated.
Practically all of them partuin to the subject in the field of soning while
others employ the soling front yard requirementa for a purpose other than that
of pmsorainr environment of habitations.
The premise set forth by the following paper gore beyond thinking and
practice ae revealed by the oases found. It admittedly involl•ea pioneer
thinking, but NOT pioneer prectioe. The advocacy hero offered is bared en
the premlee thWC-a valid use of the police power for purposes of establishing
bulldirW; lira setbsckd contssplatea a comprehendiw approach and not a
piecammal application that more often than not can result in inconsistent and
thus dlacr!,iInatory application.
The »al and single point at issue id that if, and when a competent
Court. Linda that Vim use of the pollee power for this purposes is invalid, then
it mat follow logically that the practice of requiring dedication of street$
in connection with new subdivisions in aide invalid. It cannot be otherwise
because, as set forth in the body of the paper that follows, the principle
involved is identical, and the only difference in thrt of timing.
It is hoped toot the enclosed will lead to clear thinking on the part
of rwy in a field of endeavor of importance to all.
Ah�L BUILD1NO LIME SMACKS VALIP?
Tulare County Ordinance No. 391 establishes a County-w7.ds syster Of
building -lure setbacks related to every public road. in an eheesvor, through
conferences, tc determine tin applicability of the provisions of this ordimnm
in the location of public utility pole line installations, the question was
raised by legal counsel representing participating utilities as to whether the
regulation was not unconstitutional in that St allegedly represented a taking
of property without due process of law and compensation,
There in only one way to conclusively determine constitutionality, and
that is through a review by competent Courts. It would therefore be presuming
fo: laymon to substitute their judgment for that of the Courts, But there is
no violation of law, of ethics or of simple prcprieties for lay persons W
mullatically rel-ate pertinent circumstances and proven preetices in different
but comparable fields of accompliehaenta, }hence this effort to focus upon the
question raised some simple truths that may encourage all concerned to continue
waking better ways of doing necessary thlnCe.
Thane is an elenent of the miraculous in tie United States Constitution.
Although stable, it is not static,.. Thu element of the miraculous is found in
its capacity to maintain its fluaiamental purpose without compramix, and yet
adapt itself pliably to unforman changing circumstances. Of the nary times
that this quality of the Consitution has been discussed by the RSCh Court, It
never did it better than In the case of Ruclid Village vs, Ambler Realty Company,
272 U.3, 385, 47 ;cep, Ct. Rpts. 114 (Clevel", 1926), In this case, which
was a toning tees, the Court pointed out by an analog that whore a few years
nreviom in the horns and buggy days, recourse to traffic control would h.vs
been to umarranted intrusion into personal prlvilegea, that by the date of
the decision referred to, traffic regulation in the day of the automobile
become vn absolute necessity to preeorve public safety end welfare.
-2-
0
This rafersuce to record tact does not oven imply that Ordinance No, °1
o:,Vloye in sey degree such pioneering preeodant as van represented by the new
use of the potion power just a few years back in a field now cdUed zoning, Tie
reference indicates, rather, that a lod.csl moral method of meeting clearly
defined and Sully analysed row cirewmtancea will more probably conform to
Constitutional authority than violate them.
The elermnt of "Taking" property warrants constant vigilance, It should
always be remembered that every form of necessary control involves acm degroa
of "Taking". In the field of personal liberties we all rellna{uish (by corpulsior.)
some degree of fro" of action in exchange for reasonable assurance against
extremes or conduct by others whose acts might ham or inconvenionce us„
But whore PROFFT:TY is involved, the Constitution guarantees aCainzt
property, being taken without, due process of law and comiwnsaticn, All control
where property to involved admittedly "Take*" to a limited degraco This is true
in many fields including Building Codes, Traffic Codes, it alth Co:loa, Zoning, etc,
The consistent attitude of the Crnrrta towards this slamant of "Taking" is that
there IS cWpennation in the roan of reciprocal protection anal advan°.ages,
"a find that this logical and ineecapabie attitude of the 1%cu.^ts In
especially applicable to the practice of requiring, 'bad dedications --- a
practice and a polio that to as old as the tlatiwn, This subject is later
discussed„
"hat Is a building -line setback? First, it in the title of one of tie,
subjects which Title 7 of the povernn&nt Code in California closigz:atas as s part
of the minter plan and official plan required o" cities and counties in the -tste,,
Fl rther than that, ph-sically it is a line usually parallel to, and related to,
the center lino of a public thoronehfare am1 it is established for ttk purrooa
of defining a reservation adjacent to the thoroughfare within vhich pkk�sical
structures shell not be placed. It in not, as is too often aseum+d, aiiorp?cur
with front yard requirersentn as defined in typical zoning ordinancaao t:hULo yard
• 0
requimnionts in aouing orwnances are e+ryrlo: ad for the pupom of primarily
assuring open apacee around residanoas, buildinf-lino setbacks are erryloyed for
the purpcss of indicating the widths of Pramnt or future resetvations for
Individual and public use and cc+monly called etreete, roads and higtma-9.,
In addition to the traditional reasons for roads, the automobile has
introduced new and important considerations. Aside froi considerations of
physical spec.^ required to accasnodate motor vohicico, them is the newly rm0fxiised
factor of diluting exhaust gasps, space to maneuver traffic flow and, at the
multitude of intersections, the features of vision clearance pocseams major
importance. off-stn)et pa^kinf is elm involved.
If a buildi.nL-lin, setback is a greater distance from the center line of
a road then is tho edge of tho road boundary which it parallela, the r11"ferenca
betvoen the two reprosemts a strip of private property which bacoams subject to
the regulation probVilting penaarent structures beinr erected thereon, It is
the withholding, of tUs strip of land iron normwl building pu; poses or cart.ain
occupeacies that has been alleged to constitute u '.along without dua proress of
law ar�d without compensation.
But ie it taken? Except in the cast of modem freawa;;s, and an inaignifi-
cant numbor of other caeca whamis thO public acquires, through purctret or
condennat.ion, not only ree titlo to the lout, but ri kits of access aleoa the
public does not own tie right-of-way of a street of a road or a highway, The
Public pas�aesaa only An oasemant to use that reserved strip for the customary
travel alai 'or ac_ceen to the p in !loch title to the
purvoees including,.° � — — — — ---
street still remains. Ttma it to that in the event or vacating o:- formal public
ebardonment of a etreet or rood, the property or the steet or read reverts
unircurucred by any aeaemont ri. hts to the property of wi.1ch it was originally
a W rt
ion evoL:t.lon of the rusuwr in which public tboroughfares brca. aecurely
available to public uses -- and each individual is a port of t1w public, including
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Individuals who am abuttinf property owners -- represents a very interesting
chapter in the evolution of law. But the evolution of law is only incidentally
a mottor of interest in conrmction with thlc rmnomndun,
Modern practice in the field of developing syetons of public thcroughtarea
comes under the heading of "land srbdivielon". This is itself the subject of
a vast library of Statute and Court law, But the eosanoa of the practice pertinent
to the topic under discussion is in the fact tlw:t the primary mnoern of law and
�ractice in the field of subdivision is to ns.5wae ado na In t he tter of the
� •'� �� �� ••� Y'� 'i SAa Y 0i it9S� = aR
street or road butter that evolves thraul•1 the rr) Ms.' of eubdividirg„ In the
proceae or subdividing it is the publicra rea.ponoibil.ity, through its local
governsent, to indicate what ergterierce denoretrates to be essential in the form
of odequate tborou;hfamo, both as to distances apart, lr�ation, direction,
gradients, curvature and widths, A orerequisita to tle acceptance of, and fees:viny,
of, a subdivision under Cnlifcrria low, and under most other :%Late law, is that
the required thorou,lrfare shall be dedicated, "Dedication" wrely i.mana that the
:tortion of the private property i,hich is essential to serve the private property
in rmtters of access, and thus contribute also to the noccuacy of Um whole
r,stem o' which it is a part, shall bo alienated from the prmr,t propertyonly
to the extent that it shall be made pemanently available for all of the way
uses to which streets an'. cords are devoted. That quality of pormanence is of
value net only to tlm public at ]urge, but repmsents one or t;ie principal
eontributinr ^actors to the value of the property imaediately aervod and to which
it still belonns in roe.
It is iaarortent to note that in tlo normal, logical and Cart-promn
practice o" reouir--ng adequate di ra•aion:, 'fro widths o.' *homui,hfams requirod
to be dedicated a e b•• no -ears unifonr. Wham excessive widtim are involved,
as Lr the case o" modern 'reevays, tha nornal process of dedication is abanuorgd
and outri.,-ht nn •claae resorted to hocause the cost o` the araount of land arvi of
loproverrrmt is cut n.^ all proportion to frontags benefits„ In fact, in the cave of
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treewn;-o, there is No frantom benefit because these is no frontatw. This
results from the practice of purcheaing not elrly the lard, but access rights
also.
But in other categories of thoroughfares difforencen in width are
normal, A sixty foot street (or road) servos primarily the purpose of access
to abutting property is essential, the value is as neural DO is the width. In
modern street and roodvoy denign, incmau+d widths am uruelly accompanied by
increased lenfths. The facility of access to abutting property mrwins about the
same, but t1m incidence of need for access increases proportionate to the width
and the lenfth, and the ,ireneral Importance of the thcrouChfam in tho traffic
patter,, of the comi:nity or which it is a part. Thus, jcnerally spoaldnf,,
increased width or thomufhfares produces an increased value of such thoroughfares,
sometimes to the properties jmmediate-ly served, but uavelly to the general Oman
or which abutting propert;• is a part. An iAdths of thoroughfares increase tc
the point where they are referred to as major thorouj-hfams, the canmunityns
dependence upon then beconos proportionately greater; the intensity or use of
tributary prope:rt;- becores eorreanondinrly jTmater, are. tt;o value of property
comprisinr the area time served beconee �mator. Althoufh the relttionship is
not inflexibly constant, them remains the Penerel "act that in a wall conceived,
well designed, comprehensive system of thoroughfares, the patterr of lend -use
becass related to the thorou(-hfams both in terns o' typn and intensity. :"his
in turn tenda to strbilise both urea and vrlucs - both hir)ily desirable maul -a.
Thus, in the prnctice of subdivision control, ex;, rianoe 46nonstratea
that thr momiremnt for the dedication of a one hundmd foot thoroughfare
imposes no discrirdnatlon upon the property a portion of which is oaorved for the
one hundred foot read, an compared, to a lesser requiro,x:nt of a sixty foot tho-
roufhfam fmn other prope:ctles or othrr portions of the sane property. The
value or a ;-iven piece or pmpert7• in seldom detemined solely by its mlationahip
to a street of any particular width. It is created in no small dellvo b;., the
sta`_iiity thst is crented by the adequacy of its roadway e.^ter.. both ae to
number, aliment and width,
When a su!>division 1.s requir-ed to dedicate Mrtai.,i recervatime for
et: eet purposes, the practice is never reformoi :o as a takinf, e` property without
due process of law and coeipensation; In "act, it is not a taking in any sense
of the word, it is neml.r the assurance, born of the coaroirrity'n knowledge of
'the need for adequate travel and access, that the indicated location ant widths of
future streets roprosente the portion of the property which if reserved as a per*enent
means of access to it, will redound to the mvtost advantage of the property
and to the crrvr}nity or wiiici: it is a part. Access to property on gm nd level
Is as essential to property use an is the sir and tha sky above the prorcrty, or
the -'oath of the lend under the property,. Ttnrs it is that 1n bron�t nrcas of
open acresiv a certain limited reservation of ri..-hts-of-way called county roads
are essential to afford, not only access to the lend, but also a conn:ction from
the Land to the ra^.rketa where the products of the land are sold,hlem, in the
no.^.ual course or events in a state absorbing; vast new populations, acreages ere
broken down into urban, or city nroparty, tile. reed for -hose reservations called
streets and roado bacomee more acute both in ntutlers of such nsorvations and,
in certain canoe, in tte width o" such reservations„ Theca reservations, or
etreets and wads, are essential to the enjoyment of pmpn:tice, both individually
and collectively., 'Re differences in the means by wtdch the deton:unatior: was
originally made as to tie location and ciwracter of such roads differs between
the past and tho present„ In them modern tunas it is the responsibility of
local r<verlemnt, bpsod uen its immasirnf erc4e�iencee, to indicate to the
property omer act only where these reservations should be providod, but the width
and ot. or chmracterietice of Bush ,^eeervntions, It is reiterated that this
cooperation between local roxcr. nt and the property c mr in abramng that the
portions o` the pmpert:, that tie ownors remove for�ieea purposes ehull be of
greatest value done not in itself constitute a taking of that property,.
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''e find tiunt in the mutter of buil<UnC-line setbacks all 0° the principles
involved rennin exactly the same, except for ono item, and that is the item of
timing,. Past and present ameri.euces and m. iarn tochn£quee in dasirnitrg road
s7—rtema and individual roods reveals that the public dedications which have been
inherited from the pest often prove to be inndequate, in terra of present day or
future needs.By such deterni.nation it is conclusively established that certain
oxiatinC thcmuChfsrea are deficient in width. Had ropy of them existing rondo
not boon dedicated until the present day, their dedication now would have been rocluired
on the Darts or adequate width. There is thomfore not one iota of difference
between requir'.Dp on arequate initial dedication today, or today adding. to a
previous dedication what may be necessary to aaeure that the thoroughf:ro involved
shall be truly adequate,
Althou;-h tte knowledge o, what conutitutee adequate thorou;tafares in terra
of width is now faixly stable end !used upon aarst oxnerience and knowledge,
it would be unreasonable to oxprct success in innediately seeking and accompiishing
the additional dedications esoontial to assuring odoqua y in ties road system and
all of its parts. Tlwmfom, wtu;t cannot be aeeoopliahed in orm intensive program
is aoupht to be sccompltshod b_- evolution through the simple expedient of
indicatlnC the rairdpwa width* that modern kmwledee indicates ad eacential, and
aasurinC to the individual property comer, no wall as to the comauaity, that
nothing preventable will occur, the happening of which would ranks the eventual
at.tainmcnt *I' the revised Coal questionable. 6rdinonce K. 391 not only ntterapt.s
to acco®lish this end, tact has ahead.largely succeeded in se doing. This is
done through the dimple expedient of indicntinr- the lima betty n which, and the
canter of the street, no new physical inpreversnts shall not be located as
an ordinance states, would mike the eventual conanmatlon of the enlarged roadway
facilities -+ore difficult, if not imorsibla,.
The ordinance nally recornizee that tine aa'caa inrvolved in such ressrvrtiona
would, in sore Instances, renresent an unreasonable proportion of tributary lande
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to be arnitrarily reserna for access and travel puruoses. Provision is made
for adjusting ouch instances. In nhort• if the eotabllsbnont of a bu11d7 -line
setbac'"fired and established through a thorovfh, conaistent and comer ,rehersire
stu constitutes a taking without duo p.rocess of jaw, then Lhc re"&tion for
street ae, road purlwoes of �ry street, road ani highaaS• in the country thst
has been dedicated for public purjwees, as distinj�ished from being pux hased
outrifha, coneitutea a taki without due roo_ceas of law andenaatlon,
October ljth, 1952
LIMPOt! ' V ITNAll
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