Loading...
HomeMy WebLinkAbout0374r O:t" 1NANCE NO, 374 (1967 Serifs) AN ORDINANCE AMENDING THE SAN LUIS OBISPO MUNICIPAL CODE TO INCLUDE AN A -H (AIRPORT HAZARD) COMBINING DISTRICT BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. That Section 9200.26, entitled "regulations for A -H (Airport Hazard) Combining Districts, " shall be and is hereby added to the San Luis Obispo Ivlunicipal Code, to read as follows: Section 9200.26. Regulations for A -H (Airport Hazard) Combining Districts. Wherever an airport hazard area exists, A -H (Airport Hazard) Districts may be established in combination with any other land use district or districts or any part or part,_ thereof, and the following additional land uses and height limitations shall apply in such A -H Districts: A . Use Regulations Notwithstanding any other provisions of this Section, or any other section in this Zoning Ordinance, no use will be made of land within any airport hazard zone, airport turning zone, or airport transition zone, in such manner as to create electrical interferences with radio communication between the airport and aircraft, make it difficult for fliers to distinguish between airport lights and others, result in glare in eyes of fliers using the airport, impair visibility in the vicinity of the airport, or otherwise endanger the landing, taking off, or maneuver- ing of aircraft, provided that any tree or structure not conforming thereto on the effective date of this Ordinance shall not be required to be removed, lowered, changed or altered except as otherwise provided in this Section. B. Height Limits 1. Except as otherwise provided in this Section, no structure shall be erected, altered, replaced or rebuilt, or tree allowed to grow higher, or be replaced, in any airport approach zone, airport turning zone, or airport transitional zone, to a height which would project above the approach surface, the horizontal surface, the conical sur- face, or transitional surface, as defined by that certain Airport Hazard Zone Map of the San Luis Obispo - County Airport on Edna Road, heretofore adopted by the County of San Luis Obispo on March 2, 1964, a copy of which is on file in the Planning Department of the City of San Luis Obispo and which is hereby incorporated "by reference and made a part hereof, as though set forth in full herein. The regu- lations and designations thereon shall be applicable to the extent that said Map shows areas now or hereafter annexed to and made a part of the City of San Luis Obispo. 2. Whenever and wherever any of the aforesaid surfaces overlap, the most highly restrictive requirement shall govern and control. 3. The foregoing provision shall not impose upon the City of San Luis Obispo any duty of maintenance or care in said areas. C. Permits Before any existing structure may be replaced, substantially altered, or repaired or rebuilt, or trees allowed to grow higher, or replanted within any airport approach zone, airport turning zone, or airport transitional zone, a permit must be secured as in other zone districts, authorizing such replacement or change. No such permit shall be granted that would allow the establishment or creation of an airport hazard or permit a nonconforming use or structure, or tree, to be made or become higher or become a greater hazard to air navigation than it was on the effect- ive date of this Ordinance or than it is when the application for a permit is made. Ordinance No, 374 (1967 D. Hazard Tyarking and Lighting Any permit or variance granted may, if such action is deemed advisable to affect the purpose of this Section and is reasonable in the circumstance, be so conditioned as to require the owner of the structure in question to install, operate, and maintain thereon such markers and lights as may be necessary to indicate to fliers the presence of an airport hazard, E. Conflicting Regulations Where this Section imposes a greater or more stringent restriction upon the use of land than is imposed or required by any other Ordinance, or required by the City of San Luis Obispo, the provisions of this Section shall govern. F. Administration and Enforcement The Planning Commission of the City of San Luis Obispo is hereby appointed the Airport Zoning Commission of the City of San Luis Obispo, State of California, in addition to its other duties. Said Airport Zoning Commission has, as its duties, the administration and enforcement of this Section. SECTION 2. This Ordinance, together with the ayes and noes, shall be published once in full in the Telegram- Tribune, a newspaper published and circulated in said City, at least three days before its final passage, and the same shall take effect at the expiration of thirty days after its said final passage. INTRODUCED AND PASSED TO PRINT at a Regular Meeting of the Council of the City of San Luis Obispo, held on the 1st day of May, 1967, on motion of Councilman Blake, seconded by Councilman Gallagher, and on the following roll call vote: AYES: Councilmen Blake, Gallagher, Miller, Spring, and Mayor Whelchel NOES: None ABSENT: None ATTEST: Page 2 �mn ( f �1 ! A FINALLY PASSED this 15th day of May , 19 67, by the following roll call vote: AYES: Councilmen Blake, Gallagher, Spring, Miller and Mayor Whelchel NOES: Councilmen None ABSENT: Councilmen None ATTEST: 0 1 � 3 1 Day 1 Affidavit PUBLIC HEARING NOTICE IS HEREBY .GIVEN THAT the City Council of the City of San Luis Obispo will hold a public hearing on the recommendation of the Planning Commission to amend the Zoning Ordinance to include an A -H (Airport Hazard) combining district. k SAID PUBLIC HEARING.will be held at 8:15 P.M. on Monday, May 1, 1967, in the Council Chambers of the City Hall, 990 Palm Street, San Luis Obispo, California. . H �FITZPATRICK CITY CLERK y 1�5 SAN LUIS OBISPO CITY PLANNING COMMISSION RESOLUTION NO. 16 -67 The Planning Commission of the City of San Luis Obispo, at its regular meeting of April 4, 1967, adopted this resolution relative to adding Section_ 9200.26 to the Zoning Ordinance Code to include an A -H (Airport Hazard) Combining District and to adopt by reference the airport hazard plan for the San Luis Obispo - County Airport adopted by the County on March 2, 1964.. WHEREAS, the Planning Commission, as a result of its deliberations, has concluded that there is a need for a City A -H (Airport Hazard) Combining District to protect the development of the San Luis Obispo - County Airport as a major facility, and WHEREAS, the adoption of the A -H District would be the continuation within the City, of restrictions presently imposed by the County on properties adjoining the airport, and WHEREAS, the adoption of an A -H District would be consistent with efforts to protect the airport and achieve a greater harmony between the airport and its neighbors NOW THEREFORE BE IT RESOLVED that the Planning Commission of the City of San Luis Obispo recommends that the City Council adopt by reference the Airport Hazard Plan for the San Luis Obispo - County Airport, adopted by the County on 14arch 2, 1964, and amend the Municipal Zoning Ordinance to include an A -H (Airport Hazard) Combining District to read as follows: Section 9200.26 REGULATIONS FOR A -H (AIRPORT HAZARD) COMBINING DISTRICTS. Wherever ar. airport hazard area exists, A -H (Airport Hazard) District may be established in combination with any other land use district or districts or any part or parts thereof, and the following additional land uses and height limitations shall apply in such A -H Districts. A. Use Regulations Not withstanding any other provisions of this section, or any other section in this Zoning Ordinance Code, no use will be made of land within any airport hazard zone, airport turning zone, or airport transition zone, in such manner as to create electrical interferences with radio communication between the airport and aircraft, make it difficult for fliers to distinguish between airport lights and others, result in glare in eyes of fliers using the airport, impare visibility in the vicinity of the airport, or otherwise endanger the landing, taking off, or maneuvering of aircraft, provided that any tree or structure not conforming thereto on the effective date of this Ordinance, shall not be required to be removed, lowered, changed, or altered except as otherwise provided in this section. B. Height Limits 1. Except as otherwise provided in this section, no structure shall be erected, altered, replaced or rebuilt, or tree allowed to grow higher, or be replaced, in any airport approach zone, airport turning zone, or airport transitional zone, to a height which would project above the approach surface, the horizontal surface, the conical surface, or transitional surface, as defined by that certain Airport Hazard Zone Map of the San Luis Obispo - County Airport on Edna Road, heretofore adopted by the County of San Luis Obispo on March 2, 1964,,a copy of which is on file in the Planning Department of the City of San Luis Obispo and which is hereby incorporated by reference herein, and made a part hereof. The regulations and designations thereon, shall be applicable to the extent that said map shows areas now, or hereafter, annexed to and made a part of, the City of San Luis Obispo. 2. Whenever and wherever any of the aforesaid surfaces overlap, the most highly restrictive requirement shall govern and control. 3. The foregoing provision shall not impose upon the City of San Luis Obispo any duty of maintenance or care in said areas. C. Permits Before any existing structure may be replaced, substantially altered, or re =aired, or rebuilt, or tree allowed to grow higher, or replanted within any airport approach zone, airport turning zone, or airport transitional zone, a permit must be secured as in other zone districts, .authorizing such replacement or change. No such permit shall be granted that would allow the establishment or creation of an airport hazard or permit a nonconforming use or structure, or tree, to be made or become higher or become a greater hazard to air navigation that it was on the effective date of this Ordinance or than it is when the application for a permit is made. Resolution No. 16 -67 Page 2 City Planning Commission D. Hazard Marking and Lighting Any permit or variance granted may, if sucsr action is deemed advisable to affect the purpose of this section and reasonable in the circumstance, be so conditioned as to require the c:wner of the structure in question to install, operate, and maintain thereon, such markers and lights as may be necessary to indicate to fliers the presenee of an airport hazard. E. Conflicting Regulations h1here this section imposes a greater or more stringent restriction upon the use of land than is imposed or required by any other Ordinance, or required by the City of San Luis Obispo, the provisions of this section shall govern. F. Administration and Enforcement The Planning Commission of the City of San Luis Obispo is hereby appointed the Airport Zoning Commission of the City of San Luis Obispo, State of California, in addition to its other duties. Said Airport Zoning Commission, has, as its duties, the administration and enforcement o= this section.. The foregoing resolution was adopted by the Planning Commission of the City of San Luis Obispo upon motion by Commissioner Twyeffort, Second'M by Commissioner Franklin. VOTING: Aye - Commissioners Evans, Franklin, Johnson, Se':1r_eider, Twyeffort, Schwartz, Noe - None Not Voting - None Absent - Commissioner Brown DATED: April 4, 1467 RONALD D. YOUNG, Secretary Planning Commissions of the City of San Luis Obispo