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HomeMy WebLinkAbout0475�r 0 ORDINANCE NO, 475 (1970 Series) AN ORDINANCE AMENDING PORTIONS OF CHAPTER 3.5 OF THE SAN LUIS OBISPO PJIUNICIPAL CODE, STREET RIGHT OF WAY DEDICATION AND INIPR OVE ME NT . BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. That Section 9310 of the San Luis Obispo Municipal Code shall be and is hereby amended to read as follows: SECTION 9310. Requirements. A. No building or structure shall be erected or enlarged, and no building permit shall be issued therefor, on any lot except R -1 and R -2 but including both planned developments thereof and use permits thereon which require ten or more off - street parking spaces if such lot abuts a major street as set forth in Chapter 3 of Article IX 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 set 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 td 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 25 per cent 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 portion of the lot below a width of 60 feet or an area of 6, 000 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 improve- ments 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 sound curb, gutter or sidewalk improve - ments exist within the present dedication, then that portion of such existing improvements shall be installed 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. (5) As to City initiated widenings or where the property is zoned R -1 and R -2 including both planned developments thereof and use permits which require less than ten required off - street parking spaces, the City shall pay to applicant a sum of money determined to be the fair market value of the property being conveyed as calculated by the City Appraiser. Ordinance No. 475 (1970 Series) Page 2 (6) In the case of dedication of the required right of way in those instances where the property is zoned for uses other than those described in the preceding paragraph (5) or construction is proposed which is determined by the City Engineer to be a significant traffic generating use, the City will provide all necessary engineering and preparation of documents but will only pay for the cost of relocation of utilities, and the cost of replacement of existing sound curb, gutter, sidewalks and driveways and paving out the street to the new gutter. The term "significant traffic generating use" shall include but not be limited to service stations, hospitals, shopping centers, drive in restaurants, mobile home parks, motels, transport terminals, and multiple residential developments whose required off - street parking will exceed ten spaces. B. EXCEPTIONS. The provisions of Subsection A of this section shall not apply to the following construction: (1) Additions and accessory buildings incidental to a building legally existing on the lot provided that the total cumulative floor area of all such additions and accessory buildings shall not exceed 200 square ' feet and said structures shall not be erected within the setback area. 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 newspaper published and circulated in said City, and the same shall go into effect at the expiration of thirty days after its said final passage. INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo at a Regular Meeting of said City Council held on the 19th day of January, 1970, on motion of Councilman Blake, seconded by Mayor Schwartz, and on the following roll call vote: AYES: Councilmen Blake, Graham and Mayor Schwartz NOES: Councilmen Miller and Spring ABSENT: None ATTEST: FINALLY PASSED this 16th day of February 19 ZQ—, by the following roll call vote: AYES: Emmons Blake, Myron Graham, Kenneth E. Schwartz NOES: Donald Q. Miller, Arthur F. Spring ABSENT: None ATTEST: