The URL can be used to link to this page

Home My WebLink About0201ORDINA111GE NOt. 201 (10,61 &ari i .G ) All ORDINANCE PYLENDING PORTIONS OF CHA.PTE{ 3 OF ARTICLE IX OF THE SAN LUIS OBISPO MUNICIPAL CODL,, BF; IT U-RDAINED by the Council, of the City of San Luis Obispo as follows: That the following Sections of Chapter 3 of, Article 1X shall be and are hereby amanded as follows: 1. That title of Chapter 3 shall. be "CHAP'!ii 3 - BUILDII40 SETBACK LINES n SECTION 9300, ADOPTION OF BUILDING SETBACK LINES I. This Chapter is enacted to enable adoption of official, building setback lines for the City of San Luis Obispo,, California,, and to provide for the designation and enforcement of and appeal from such official building setback lineso SECTION 9300,2 OFFICIAL BUILDING SETBACK LINES. 1. Official building setback lines shall be designated on mops dravmn up by the City Engineer at the request of the City Council or at the request of the City Planning Comri.ssior,, acting through the City Council, 20 The Official Building Setback Line Maps shall show all buildings adjacent to the street, or proposed street, at a scale of 1" equals 502, and they, shall show the existing right -of -way widths,, if any, as mall as any proposed changes in the street. The ;naps shall be titled "Official Building Setback Lines of (name of street or highway)`," There shall be statements of adoption by the Planning Commission and the City Council an each map. SECTION 93000 MAPS OF OFFICIAL BUIWTNG SETBACK LINES, 1, The City Clerk is hereby instructed to keep up to date maps which shall show the streets or portions of streets upon which official building setback lines have been established. 2, Said reaps shall not be recorded. 3,. Section 9300.3 -3 is hereby repealed, SECTION 9300,4 ADOPTION OF OFFICIAL BUILDING SETBACK LINES. ? 0 In order to siopt any additional building setback line maps,, the City Planning Commission shall, be in receipt of said map from the City Engineer and shall hold at least one public hearing thereon. Notice of the hearing shall be given in a newspaper of general circulation in the City at least 10 days in advance of the first of such hearings. The C-ty P7ann.-Ing Commission shall, submit its findings in writing to the City Council within 90 days after the notice of said hearing, 2. Upon receipt of the report from the City Planning Commission,, the City Council shall set a data for at least one public hearing a :,d give public notice of said hearing as pro- scribed by lava. At such time as the hearing is concluded by the City Council,, they may adopt the Official Building Setback Line Map as an amendment to Section 9300,4., par. 3 of this Chapter, or resubmit the map to the �Planning Commission for further study,, -1� n 3o Official. Building Setback Line Haps and all the notations thereon are hereby made a Tmart of this Chapter at the t:Lre of their adoption by the City Council, and said naps constitute the subsections under this section of this Chapter. The center line shotrn on any building Setback l::ne reap is hereby designated as the official center line of.said street, 4. The map adopted by Ordinance 48 - 1957 Series, is hereby designated as the "Official. Building Setback Lines of Laurel Lane% dated duly 153 1957, and the building setback line is 43 feet in commercial and manufacturing land use districts, and 38 feet in residential land use districts, on both sides of the center line shown on said map, 5. The reap adopted by Ordinance 56 - 1957 Series, is hereby designated as the "Official Building aetback Lines of Foothill Boulevard ". and the building setback line is 43 feet in capmerci.al and manufacturing land use districts., and 38 feet in residential land use districts, on both sides of the center line shown on said map. 6. The map adopted. by Ordinance 85 - 1958 Series, is hereby designated as the "Official Building Setback Lines of south °street "3 and the building setback Line is 43 feet in commercial and iounufacturing land use districts, and 38 feet in residential al l and use districts, cn.. both sides of the center line shown on said map, 7. The map adopted by Ordinance 130 • 1959 Series, is hereby designated as the "Official Building Setback Lines of Johnson Avenue ", and the building setback line is 43 feet in comercial and manufacturing land use districts., and 38 feet in residential ]and use districts, on both sides of the center Line shown on said maps 8. An Official Building Setback Line is hereby established on both sides of Broad Street, from Monterey Street to the southeasterly City limit line, for 40 feet from the existing center line of said portion of Broad Street. SECTION 9300,5 NO NEW STRUCTURES X BE IN SETBACK AREA. to No building permit shall be issued for and no building or structure shall hereafter be erected or placed within the Official Building Setback Line of streets or highways estab- lished by this 'Ihapter, nor within the yard areas designated under the Zoning Ordinance,, measured from the official setback lines hereby established, except as provided for under the following section. 2„ All buildings or structures as they are presently located and built along streets aboy� named and for which setback lines have been or are hereby established, are expressly excepted from the effects hereof. SECTION 9300.6 APPEAL PROCEU U.ZE FROM PREVIOUS St-O TI ON. 1„ The City Council., upon receipt of a recommendation from the City Planning Commission of the City of San Luis Obispo, California„ shall hear and decide appeals for variances in the strict application of Section 930005 of this Ohaptera or for elimination of the setback ordinance from any property damaged thereby. �2- 20 The owner of a_ property affected by establish, Official, Building Setback T ines may appeal the strict interpretation of Section. 93005 herein;, or seek to be ex, ^luded from the effect thereof., Said appeal shall be made in writing to the City Planni.iag Commission. 4v In order ;c z a recom -menc ation contrary to the provisions stated in Section 9300,5 herein,, or to recommend that any property be completely excepted from the bui.l. -,Unr, setback line restrictions,, the City Planning Com3aission must findt (a) That the property of which the Official Building Setback Dine is a part is of such nature that the owner of the land will be substantially damaged by the refusal to grant the permit or exception therefrom. (b) That the property will not earn a fair turn on the owner; s investrst unless the construction involved is authorized. (c) That the granting of the application is necessary for the preservation of substantial property rights. 5„ Upon receipt of said report from the City Planning Comai.ssion,, or upon expir. at icon of 60 days from the time the applicant filed his appeal with the City Planning alo!adhsion„ the City Council shall set a date for a public hearing thereon with notices as required by lawn At the conclusion of the public hearings the City Council may grant -the applicant a variance from the provisions of Section 930005 of this Chapter or completely e=ept said applicant's land from the effect of the Official. Building Setback Linea 6. In order to grant a •rariance or exception contrary to said Section, the City Council must find: (a} Z-at the property of which the Official. Building Setback mine is a part is of such nature that the owner of the land will be substantially damaged by the refusal to grant the permit or exception.; or (b) That the property will not earn a fair return on the ewnerfs investment unless the corstructi.on involved is authorized) or (`) 11at the granting of the application is necessary for the preservation of substantial property rights. 7. If property which,, by the appeal process, has been excepted from the Official. Building wetback Line otherwise fronting thereon;, is sought to be used for improvements i -.tich would have been prevented by the effect of the particular build.i.ng setback 1.Lne� no building perD tt shall be granted without the Council having first been given 60 days wi.thiu which it may choose,, by resolution,, to acquire each of the property as is necessa2vy fG-r future street widening purposes. if the Council chooses not to acquire said property,, the Council shall then deterTaine vtether a per.rdt should be :,,ran , thr,, applicant, . -3— SECTION 930om8 'iEm Ermm l,, This Chapter shall be !mown and cited as the "Official. Building Setback Line Ordinance" of the City of San Luis Obispo, California. S Tbc. 9300,94 1. That upon the effective date of this ordinance, the Mayor shall: execute anal record in the San Luis Obispo County Recorder's Office, a domment stating that the recorded plan :Line maps are cancelled of record, 20- This ordinance., together with the ayes and noes.9 shall be published once in full, at least three days before its final passage., in the. Telegram - Tribune, a newspaper published and circulated iamid City, and the same shall go into effect at the expiration of thirty days after its final. passage, INTRODUCED AND PASSED TO PRBT this 5th of September � 1:961, by the following roll cal vote: AYESa Margaret McNeil., Donald Qo Miller, Clay P, Davidson NOES: Gerald. W. Shipsey ABSENT i R. L. Graves, cTro ATTEST: Mayo r ity Clark ��m MALLY PASSED this 18th day of Sept. , 190, by the following roll call vote: AYBS: Miss Margaret McNeil, R. L. Graves, Jr., Donald Q. Miller, Clay P. Davidson NOES- Gerald W. Shipsey ABSEITp ; None ATTEST; Ci Clerk Mayor