HomeMy WebLinkAbout1251ORDINANCE NO. 1251(1994 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO
. TO AMEND MUNICIPAL CODE SECTION 17.12.020 A.
TO ALLOW EXCEPTIONS TO THE MERGER PROVISIONS FOR ADJACENT
NONCONFORMING LOTS UNDER CERTAIN CIRCUMSTANCES
BE IT ORDAINED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Zoning Regulations Amendment. That the San Luis Obispo Municipal
Code Section ( SLOMC) 17.12.020 A. of the Zoning Regulations be amended as shown in
Exhibit A and included herein by reference.
SECTION 2. Environmental Determination. The City Council finds and determines
that the project's Negative Declaration adequately addresses the potential significant
environmental impacts of the proposed text amendment to the zoning regulations, and
reflects the independent judgement of the City Council. The Council hereby adopts said
Negative Declaration and incorporates the following mitigation measure into the project:
An administrative use permit review process shall be required to exempt a
nonconforming property and an adjacent property under the same ownership from
the merger requirement when further development is contemplated. The Planning
Commission and City Council shall establish guidelines within the zoning regulations
for when the physical development of a neighborhood will not be adversely impacted
if an exemption to the merger requirement is allowed.
SECTION 3. Adoption. The text amendment to Municipal Code Section
17.12.020 A. of the Zoning Regulations is approved, subject to the following findings:
1. The proposed text amendment is consistent with the purpose of the zoning
regulations stated in SLOMC Section 17.02.020, and more specifically,
consistent with the intent section of SLOMC Section 17.12.010 governing
nonconforming lots.
2. The exception process proposed as a text amendment to SLOMC Section
17.12.020 A. will not adversely affect the health, safety and welfare of persons
living or working in the vicinity of potentially affected sites, if the specific
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Ordinance No. 1251(1993 Series)
Page 2
factors related to neighborhood character included in the text amendment are
considered when evaluating requests.
SECTION 4. Implementation. A summary of this ordinance, together with the ayes
and noes, shall be published, at least five (5) days prior to its final passage, in the Telegram
Tribune, a newspaper published and circulated in said city, and the same shall go into effect
at the expiration of thirty (30) days after its passage.
INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis
Obispo, at its meeting held on the 4th day of January , 1994, on motion of
Council Member Settle , seconded by Council Member Romero and on the
following roll call vote:
AYES: Council Members Settle, Romero., Rappa, and Mayor Pinard
NOES: None
ABSENT: Council Member Roalman
ATTEST:
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Mayor Peg Pinard
EXHIBIT A
Text Amendment - to be added as Paragraph 2 of Section 17.12.070 A.
An exception to the above merger requirement may be requested through an
administrative use permit. To approve the use permit, the director must find that
retention of the property line (s) will not adversely impact neighborhood character.
Factors that assure that neighborhood character is maintained include:
■ The regular spacing of buildings on the affected lots, when viewed from
the street, is consistent with other developed properties within the same
block; and
■ convenient and conforming access and parking is available to, serve site
uses.
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Ordinance No. 1251 (1994 Series)
FINALLY PASSED this 18th day of January 91994,
on motion of Council Member Rappa
seconded by Council Member Romero , and on the following
roll call vote:
AYES: Council Members Rappa, Romero, Roalman, Settle, and Mayor Pinard
NOES: None
ABSENT: None
(R-'ei 0
Mayor PqfPinard
ATTEST:
'i Clerk Diane Gla ell