HomeMy WebLinkAbout1529ORDINANCE #1529 HAS BEEN
INTRODUCED, BUT IT HAS NOT
COME BACK TO COUNCIL FOR A 2ND
READING AND ADOPTION.
ORDINANCE NO. 1529 (2010 Series)
AN ORDINANCE 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; and
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.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo 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 (201 a 6eries)
Page 2
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 vote:
AYES: Council Members Ashbaugh, Marx and Settle, Vice Mayor Carter and
Mayor Romero
NOES: None
ABSENT: None
ATTEST:
Elaina Cano
City Clerk
APPROVED AS TO FORM:
C . 'stine Dietrick
City Attorney
Mayor David F. Romero
I hereby certify that this document Is a true
and accurate original of Ordinance No. 42-9 ,
and that the ordinance was published pursAnt
to Charter Section 602.
Data City Clerk ,