HomeMy WebLinkAbout10/05/2010, C2 - ADOPTION OF ORDINANCE NO. 1529 RELINQUISHING THE PLAN LINE SETBACK ON BROAD STREET BETWEEN HIGUERA counck
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FROM: Jay D. Walter, Director of Public Works
Prepared By: Hal Hannula, Supervising Civil Engineer
SUBJECT: ADOPTION OF ORDINANCE NO. 1529 RELINQUISHING THE
PLAN LINE SETBACK ON BROAD STREET BETWEEN
HIGUERA STREET AND MARSH STREET; O 132-08
RECOMMENDATION
Adopt Ordinance No. 1529 amending San Luis Obispo Municipal Code Section 17.74.130 to
reflect changes to the Building Setback Line(Plan Line Setback).
DISCUSSION
On September 7, 2010, the City Council voted 5:0 to re-introduce Ordinance No. 1529 to print.
This ordinance amends San Luis Obispo Municipal Code Section 17.74.130 to reflect Council
approved changes to the Building Setback Line on Broad Street by relinquishing the setback line
between Higuera Street and Marsh Street.
Ordinance No. 1529 is now ready for final passage.
ATTACHMENT
Ordinance 1529(Series 2010)
T:\Council Agenda Reports\Pubfic Works CAR\20I Mevelopment Review\Bmad Sweet Plan Line\2nd Reading Ordinance No. 1529-CAR.DOC
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Attachment
ORDINANCE NO. 1529 (2010 Series)
AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
RELINQUISHING THE PLAN LINE SETBACK ON BROAD STREET BETWEEN
HIGUERA AND MARSH STREETS
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a
public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo,
California, on April 8, 2009, for the purpose of considering application O 132-08, a request to
repeal the plan line on Broad Street from Higuera Street to the southeasterly city limit line, and
adopt a revised plan line for a portion thereof; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing
in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on June 2,
2009, for the purpose of considering the project; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing
in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on
September 7, 2010, for the purpose of considering the re-introduction of this ordinance; and
WHEREAS, the Council has duly considered all evidence, including the
recommendation of the Planning Commission, testimony of interested parties, and the evaluation
and recommendations by staff, presented at said hearing.
WHEREAS, the Council finds that the relinquishment of the Plan Line is exempt from
CEQA review under the Categorical Exemption for Existing Facilities (15301) because it does
not involve any expansion of the public facilities; and
WHEREAS, the Council has determined that allowing the existing plan line to remain in
its present configuration will unduly restrict the use of properties bordering the street; and
WHEREAS, the Council finds that widening Broad Street will result in unnecessary
disruption to the established commercial and residential uses.
The City Council of the City of San Luis Obispo hereby ordains as follows:
SECTION 1. The City Council approves the relinquishment of the plan line on Broad
Street between Higuera and Marsh Streets.
SECTION 2. Section 17.74.130 of Chapter 17.74 (Building Setback Line) of Title 17
(Zoning) of the San Luis Obispo Municipal Code is hereby amended to read as follows:
17.74.130 Broad Street (Marsh to SE City Limits).
An official building line is established on both sides of Broad Street, from Marsh Street to
the southeasterly city limit line excepting therefrom that portion from Pismo Street to High
Street, for forty (40) feet from the existing centerline of said portion of Broad Street.
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Ordinance No. 1529 (2010.3eries) -'
Page 2 Attachment ,
SECTION 3. The official building setback map is hereby amended to eliminate the
plan line on both sides of Broad Street between Higuera and Marsh Streets. Upon final passage
and adoption, the revised map will be placed on file with the City of San Luis Obispo in
accordance with Municipal Code Chapter 17.74.
SECTION 4. A summary of this ordinance, together with the names of Council members
voting for and against, shall be published at least five (5) days prior to its final passage in the
Tribune, a newspaper published and circulated in this City. This ordinance shall go into effect at
the expiration of thirty (30) days after its final passage.
INTRODUCED on the 7th day of September, 2010, AND FINALLY ADOPTED
by the Council of the City of San Luis Obispo on the 5th day of October, 2010, on the following
roll call vote:
On motion of seconded by and on the
following vote:
AYES:
NOES:
ABSENT:
The foregoing ordinance was passed and adopted this 5`s day of October, 2010.
Mayor David F. Romero
ATTEST:
Elaina Cano, City Clerk
APPROVED AS TO FO
5Chri tine Dietrick, City Attorney
T:\Council Agenda Reports\Public Works CAR\2010\Developtnent Review\Broad Street Plan Line\Ordinance No. 1529 as revised.doc
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