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Home My WebLink About0303j r ORDINANCE NO. 303 (1965 Series) AN ORDINANCE REQUIRING RIGHT-OF-WAY DEDICATION AND IMPROVEMENT ON MAJOR STREETS THAT WILL REQUIRE WIDENING BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. That Chapter 3.5 of Article IX of the San Luis Obispo Municipal Code . shall be and is hereby added to read as follows: CHAPTER 3.5 - STREET RIGHT OF WAY DEDICATION AND IMPROVEMENT Section 9310. REQUIREMENTS. A. No building or structure shall be erected or ealarged, and no building permit shall be issued therefor, on any lot in any R -3 or less restrictive zone (which ex- cludes R -1 and R -2 property as set forth in the City's Zoning Ordinance), if such lot abuts a major street as set forth in Chapter 3 of Article IX, or Section 8120.3 of the San Luis Obispo Municipal Code, unless the applicant agrees to any necessary dedication of the one -half of the highway which is located on the same side of the highway as such lot and agrees to install curb, gutter and sidewalk for the full width of the lot so as to meet the standards for such highway as sec forth in the Master Street and Highway Plan adopted by the City of San Luis Obispo in accordance with the standards established by the City Council, or such dedication and improvement has been assured to the satisfaction of the City Engineer. As used in this section, the center of the highway shall mean the centers of those highways as such highways are set forth on the maps adopted pursuant to Chapter 3 of Article IX and the existing center line on Santa Rosa Street. (1) The maximum area of land required to be so dedicated shall not exceed 2597 of the area of any such lot which was of record on January 1, 1965 in the San Luis Obispo County Recorder's Office. In no event shall such dedication be required for any por- . 60 6 , 000 tion of the lot which will reduce the lot below a width of $V feet or an area of VhW square feet. (2) No such dedication shall be required with respect to those portions of such a lot occupied by a main building which was existing on January 1, 1965 and which is still in existence at the time of the required dedication. (3) Applicant shall agree, in writing, to dedicate that portion of the right -of -way and to complete curb, gutter and sidewalk improvements prior to occupancy of the structure being erected and the City shall pave out the street to meet said improvements when City funds so permit, provided, that if curb, gutter or sidewalk improvements exist within the present dedication, then that portion of such existing improvements shall be in- stalled by the City at the new setback line, (4), Applicant shall accomplish said dedication by delivering to the City of San Luis Obispo recordable documents to convey clear title to the City in the form approved by the City Attorney. In the event the required improvements are not completed by the time occupancy of the structure is requested, then the City Engineer's Office, upon good cause shown, may accept a bond or cash deposit to guarantee completion of said improvements. within sixty (60) days thereafter. B. EXCEPTIONS. The provisions of Subsection A of this section shall not apply to the following construction: (1) One single - family dwelling with customary accessory buildings when erected on a vacant lot. (2) Additions and accessory buildings incidental to a residential build- ing legally existing on the lot, provided no additional dwelling units or guest rooms are created. (3) Additions and accessory buildings incidental to other than a residen- tial building existing on the lot on January 1, 1965, provided that the total cumulative floor area of all such additions and accessory buildings shall not exceed 200 square feet and shall not be erected within the setback area. Section 9310. 1. ISSUANCE OF BUILDING PERMITS. No building permits shall be issued on property requiring dedication pursuant to this Chapter unless the owner of said lot has executed an agreement providing for the re- quired dedication and /or improvement. Notwithstanding any of the provisions of this Code; no fees shall be charged for the rendering of any service by the City in connection with any dedication or improvement required by the provisions of this Chapter which are not part of a subdivision proceeding. Section 9310.2. CITY ENGINEER TO DETERMINE ALIGNMENT AND GRADES. The City Engineer shall establish street lines and grades for dedication and improvements required in this Chapter and shall resolve any uncertainty regarding street alignment that may arise. -2- r � Section 9310.3. APPEAL. Any person required to dedicate land or make improvements under the pro- visions of this Chapter may appeal to the City Council, in writing, any determination made by the City Engineer or the application of these provisions to his property. Said appeal must be filed prior to execution of the agreement to make said dedication and /or improvements and must set forth any grounds of undue hardship which does not apply to other property owners affected by this Chapter. Upon finding by the Council of such undue hardship, the Council may make such modifications in the dedication and improvements as the Council deems just. SECTION 2. This ordinance, together with the ayes and noes, shall be published once in full, at least three days before its final passage, in the Telegram Tribune, a news- paper published and circulated in said City, and the same shall go intc effect at the expiration of thirty days after its said final passage. INTRODUCED AND PASSED TO PRINT this 15th day of Feb-mary, 1965 by the following roll call vote: AYES: Miss Margaret McNeil, R. L. Graves, Jr., Donald Q. Miller, Clell W. Whelchel,. Clay P. Davidson NOES: NONE ABSENT: NONE ATTEST: 0. - E -3- "--D t! � I tae 1� INAL ILY FA.L,�E. -,-ic 1 st day of March !9 65 by t! follo-win- roll call -rote: Miss Margaret McNeill Donald Q. Miller, R. L. Graves, Jr.., A Clell W. Whelchel, Clay P. Davidson I I CE -1: None A -7� 111 - Tf : None i i* A Y C T- A'I" T E ST : January 28, 1965 Honorable Mayor and City Council San Luis Obispo, California Re. Los Angeles highway dedication for street widening Gentlemen: s 1962 the City of Los Angeles adopted an ordinance requiring dedication and improve meat of that portion of a. major or secondary highway that abuts any R.w3 or less .re- strictive zone as a condition of building or enlarging an existing building on such lots . The ordinance requires a vddth of 100 :feet for major highways and 86 feet for secoxda-, J hi &}nways vAthin the City, and the dedication is subjects to the following conditdons -. 1. Maximum area of land reT..dred to be dedicated shall not exceed 2597 of the area of th lot or reduce the lot below a width of 50 feet or 5, 000 squ�a a feet area.. 2. No dedication for those portions of such a lot occupied by a main building which existed on the date the ordinance was adopted. 3. No additional improvements are required when complete roadway, curb, gutter and sidewalk improvements exist within the present dedication. 4. No building or strucoire may be erected within the street widening area. The ordinance also provides that the restriction would not apply to the constYuct jon of a single family &.welhng vAth custom -ary accessory buildings on a vacant: lot, or additions of incidental accessory buildings to a residential bi_ffiding already on a lot, provided no additional dwe l'i gs or guest rooms are created. Also, additions and accessory build- ings incidental to an existing building other than residential buildhigs, provided the total cumulative floor area of such ad&,tiorns and accessory buildings does -not exceed 200 sqw w°e feet. The ordinance requires the improvements and dedications to be completed or a bond filed before a building pernut will be issued, and provides a procedure for applying to the City Council for contributions towards the cast of such improvements when the City Engineer determines that such costs are greatly in excess of the cost to other property ommexs xe® quired to make such improvements. This ordinance was challenged <by the Southern Pacific Company who wished to erect a 200, 000 square foot warehouse in an M None and were required to improve and dedicate 850 feet of frontage, 10 feet in depth. The Superior Coin held that the Los Angeles City ordinance was a valid exercise of die Honorable Mayor and City Council January 28, 1965 Page 2 City °s police power as necessary to the orderly growth and development of the City. The Court compared the loss to the indivi&aal property as similar to the economic losses thwc often result in zoning au d setback requirements. Also, the Coin pointed out that the development of such property gives rise to the traffic hazards which necessitate the widening of the streets. The Court further pointed out that most cities require dedication for street widening purposes for, all subdivision developments. The Los Angeles City Attorney °s Office felt that one of the prime reasons they were able to sa. strain the ordinance in the Supendor Court was t':e tremendous grm inla In the City of Los Angeles and notified me that tsye Southern. Pacific Company was appealing the Superior Coui t decision to the Appellate Court. In view of the tremendous cost to t?ze City of San Luis Obispo for widening or set: -ack line streets adjacent to apartment houses, ser-v -ice stations and commercia l de 6 eloD °- ments, 1 would recommend that the Council seriously consider enactment of this tyrpe of ordinance for major and secondary streets. E uly yours . Houses•, Jr. u ey W okd