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HomeMy WebLinkAbout0034,mDjj,,AN�(% lio.jLJ1956 Serias) W -D'j2 AD0j-'Tj0Nt OF OFFICIAL 14 IT LIRS FOR E 1W CITY Or, Sial LUIS OBISPO TO qp Pjy)VTDE FOR TIZ DESIPRIATIGN- RECMDING ENNFORCVEFT OF Ali, APPBAL PrWON SUCH Or"FIOlk'L PIAV Tam's c, W IT ORP43NED by the Council of tha Gjty of Sm luis Obispo as Poll -a-Uss SECTIUN 1, That the San Luia Obispo Municipal Code by amn&d, to add the follcwing vect.ions: 3 � A,T ..C11E TV PJXiTUNTACV AVD 'Z 41 -N' Chapter ;3 �_.. P.Iax3 L�� SECTIW 93O0, g dontion of P. e-n Line ,,, `1`hi.e Chapter is or-acted to enable adoption of offi Ual plan lines (1,e., future width lines of streets) for the City of Son Luis Gbisw,) Califarniaq and to provide for the designaticno recording;„ enforce- -wnt of and sppeal from such official, plan lima, SECTION 93.1 �o,0 of C er 1. The purpose of this Chapter is to protect the Master Strout and Highway Plan adopted by the City of :tin Luis Obispo., California, Said Street and Highway Flan being, adopted in order to (a) Serge as a general guide for the development of streets and highways. (b) Promote the public welfare,, safety, and convenienceo (c) Provide a comprehensive guide for capital outlay on stract and highway improve msnts in said City. (d) Provide an authentic source of information for residents and investors in the City,, (e) To obviate the menace to the public safety and the dame.g;e to property values resulting frcm inadequate provision of traffic thoroughfares. SECTION 9300.2 Official Plan Lines 1, Official. Plan Lime (i.e,, future width lines) shall be .desiI nated on agape drawn up by the City Engineer at the request of the City Council or at the request of the City Planning Commission acting through the City Council.. 2. The Official Plan Lim Flaps shall shots all property divisions and buildinge adjacent; to the project at a scales of 1" m 500„ and they shall show the existing, and proposed right -of -way widths as well as a cross section of the proposed street. The maps shall be titled "Official Plan Lines of (name of street or hil t31,;ay) ", Tiiere shall be statemonts of adoption for affirmation by the Planning Commission, and the City Council on each map,, SECTION 9300,3 Index 11 and Record of Official Plan Lino Ma pa 1, The City Clerk is hereby instructed to make and keep up to date an index map which shall shorn the streets or portions of streets upon which Official Plan Lines have been establisrod. 2, The City Clerk is'hereby directed to rocord all duly attested Official Plan Line Maps adopted under the provisions of this Cbspter in the office of the County Recorder, 3. The City Enf'ineer in hereby* directed to post notices at intervals of not more. than1.,OOO ft on streets for which precise plan lines have been adopted. Said notices shall be paintod on wood or metal and ;'shall contain the following; words: "The width of this street., (or other appropriate designation) is established as °C- feet according to the Heater Street and Highway Plan o the C ty of Sean Luis Obispop California. All buildings or other stx~uctures hereafter erected must be outside the limes of suds- established width as nho7im on the Official Plaii Line Piap Vo:', '1300. recorded in the office of the Caaanty Recorder, San- Luis t�ispo, California, -a copy of which is on file in the - office of-the City Clerk., City of San Luis Obispo. Calif ornia. t! 1 p ;� of Official Plan L�:e Hans S C' C 93C0lb 1,, In order to adopt an Official Plan Line Flap tho City Planning; Cc:=,;a- ss:ion shall be in receipt of said map from the City Engirw.er and shall held at least one public heaarinp thereon. Notice of the hearing shall be given in a. newspapor of general wirculation in the City at least l0 days in aac rance of the first of such hearings a The City Planni -ng Comission shall submit its findings in writing to the City Council. V t d" 90 days after the notice of said hearing. 20 Upon receipt of the report from the City Pla mi.ng Commiosions tho City ( ;uncil, shall sat a date for at lena3t one public hearing and give public notice of said bea-ring as prescribed by law. At such time as the hearing is concluded by the Citr Council thay may adopt the Official Plan Line Map as an amencbwxxt to Section 9300.� par, 3 of Utis Chapter., or resubmit the map to the Planning Con-niesion for further study. 3. official Plan Line Fops and all the notations thereon axe hereby made a part of this Chapter at the time of their adoption by the City Councilq and said mM-nps constitute the subsections under this section of this Chapter. 4, 5. by 7o etc, SECTION 9300.5 No New Structures to be in Fug St, r to Wo building or structure shall hereafter be erected or placed within the Official Plan ji.nes of streets or hifl)iways established by this Chapter except as provided for under the following sections SECTION 9300.6 A a�l Procedure From Previous Section to The City Council., upon receipt of a recommendation from tho City Planning Comission of the City of San Luia Obispos, California., shall hear and decide appeals for variances eta the strict applid�tio'n o+- Section 9300.5 of this Chapter 2. The oar of any property- affected by established Of'ftcial Flan Lines may appeal the atrict interpretktion 6f-,Section 9300.5 herein. Said appeal should be made in writing to the City Planning C'bim as' si bn. 1, Upon receipt of an appeal,,'-the City Flx ing Comdasion shall set a date for at least one public hearing , and publi si b, notice thereof in a newspaper of general circulation in the City at least 10 days in advance of said public hearing,. At the conclusion of aaid public bearing the City Planning Commission si.all make its recccn- twndati.on by resolution in writing to the City Council. 4. in order to make a recmmndevion contrary to the provisions staged in Section 93000; herein., the City Planning Commission must finds (a) That the property o° which -the Official Plan Line is a part is of staph nature that the owner of the land will be aaubstantially danaged by the refusal to 1-rent the. pcmito (b) That the property will not earn a fair return on the o¢mers4 investment unless the construction involved is authorized, (c) That.the granting of the application is nocessary for the presgrvaation of, substantial property rights. a, Upon rc,ceipt of said re-aort fl the City F1 1W. �r ;mission cap° up€ ¢s v airu ti.on of 60 days from the tim than applicant filed his appeal with the City P arx!ing Corrr.aission,, the city Council shall set a date for a public hea-miaag thtereon with notices as required by law. At the conclusion of the public hearth ; t1w City Cozaicil may grant the applicant a variance from the provisions of Section 9300.5 of this Chapter,, 6. In order to grant a variance contrary to aaaid Section, the City Council must find: (a) That the property of which the Official Plan Linn is a part is of Much nature that the o=er of the land id-3,1 be substantially dwaaged by the refusal to grant the permit, (b) That the property will not earn a fair return on tits afar °s investment unless the construction involved Is authorized,, (c) Thn t the granting, 0r the application Is xis casa�ary for the precervaation of substantial property rights„ SECTION 93Wo7 Enforcement and Penalties 1, It atoll be the duty of the City Official vested with the authority of i,s ui..ng building perani.te to enforce this Chapter„ Said official shall not issue asq such pernit in conflict with the terms or this Chapter; and any Such PerMi.t or license issued in conflict with the provisions of the Chapter shall be null and void. a© Arty building or structure erected or moved contrary to the provisions of thin Chapter shall be and the same is hereby declared to be unlaswful, and a public nuance; and the City Attorney of said City shall,, upon order of the City Ccrancil a, imiediately cormience action or proceedings for the abatement and re;lraovaal and enjoi.r=nt thereof in tho runner provided by laws and ashall, take such other steps and shall apply to such courts as may have jurisdiction to fTant such relief as will abate and remove such building; or astructurea SECTION 9300.6 �'al, tZ to If arty section, sub-section,, sentence,, clause or Phrase of this Chapter is for any reason hold by as epurt of competent jurisdiction to be invalid, such decision shall not affect the vaalidi�y : of the remaining portions of this Chapter, The City Council hereby r'eclares that it would have passed this Cliapter and each section, sub- one sentence, claueel �d phraee hereof, irrespective of the feet Chet any cane or mare sections, sub - sections, seintences, clauses or phsaiaseas be declared Invalid. SECTION 9300,9 i�fesreance 1,, This Chapter shall.' tie known and cited as the Official Plan Line Urdinaance Of the City of San Luis Obispo, Cpl i:f ornia,, SF,CTIoN 9300,10 Publication 1, The City Clarke of the City of Saxe Luis Obispo, Califcrosni.aa, is hereby directed to cause this Chapter to be publi.aabed once in, the San Ludi a Obispo Tele,gr wa- Tribune, a legal nsr aseuaaper of reneraal circulation printed and published In the Gity , of San Luis Obispo,, California, and hereby designated for that purpoaep SECTION 9300,,11 Effect to This Chapter shall#aka Offect t Xrty (39) days after its passages provided it has been published as hea'ein required and as' , iqured by law. f, SEA` Ti-OZI 2. This ord:Lrian-ce, tog-ether WLth the ayes and noes, sl-4 ll be publiehad once in fullo at 3-least tIll'Oe- ., d,-ys befor- j,ts fj=j passap ges in the Telegre % -- T T ib =00 obliah-nd and V -m ted 3-n cire la said City., and the SSM-9 sbzll 90 Jlntv OffOct at the expire-ior, of thirty days after its final pa-83P-geo '6 jr,-jp.oDUaD MM PASSM) TO PlaTIT thda 5th da-Y, of November 19 by tie followLng votes AIM, Nels Beck, Lowell-E. Christie, Fred H. Lucksinger VOE.So None ABSENT% None ATTESTt ---------- Warren G. Edwards, Kenneth W. Jones, Rwyo . r IrINALLy pASSED thin 19th- day of November 19565 by VY3 followLng vote.- .&YES., Nels Beck, Lowell E. Christie, Fred H. Lucksinger NOES None A B-SEM -. None ATIEST -. Warren G. Edwards, Kenneth W.'Jones, or r s T CITY C CITY PLANNING DIVISION November 5, 1956 Honorable Mayor and City Council City of San Luis Obispo San Luis Obispo, California Dear Sirs )BISPO CALIFORNIA STATE POLYTECHNIC COLLEGE !!!!!!! Sfd!! / / / / //! X11 .•. Attached please find a copy of Resolution #53 -56 of the Planning Commission of the City of San Luis Obispo. The resolution recommends favorable action on a proposed amendment to Article I% of the Municipal Code so that Chapter 3, "Plan Lines ", is added. The Planning Commission held two public hearings on this proposed amendment on September 20, 1956 and on October 18, 1956. There were no protests. In accordance with Section 9200.19 of the Municipal Code, the Planning Commission herewith submits the resolution recommending the proposed amendment for your consideration. Re pectfully, Donald F. Jo son City Planning Technician and Secretary to the Planning Commission U RESOLUTION #53 -56 Recommending Favorable Action on the Proposed Amendment WHEREAS: The Planning Commission of the City of San Luis Obispo, California, has held two public hearings on its resolution of intention to amend Article IX of the Municipal Code, City of San Luis Obispo, California., so that Chapter 3, "Plan Lines ", as stated herein is added. WHEREAS: The Planning Commission feels that the public interest and general welfare requires such an amendment, now therefore be it RESOLVED: That said Planning Commission hereby recommends granting the amendment as stated. Regularly passed and adopted by the Planning Commission of the City of San Luis Obispo, California, on the 18th day of October, 1956, by the following vote: AYES: Commissioners Lenger, Ferris, Read, Scott, Franklin, Couper NOES: Commissioners: None ABSENT: Commissioners: Knight Attest: Donald F. JQbfison, Secretary • f Chapter 3 — Plan Liner, SECTIOF 9300, lid ion of Plan Limes 1, This Chapter is enacted to enable adoption of official plan lines (i.oe as future uidth lima of streets) for the Ciit,f of San Luis Obispo, California, and to provide for the desi.gnaticn,, recording, enforce. -wnt of and appeal from such official plan Linea, SECTION 9300.1 D�Ise of Chapter 1, The purpose of this Chapter is to protect the Hester Street and Highway Plan adopted by the City of San Luis Obispo., California. Said Street and Highway Plan being adopted in order to: (a) Serge as a general guide for the develoymnt of streets and highways, (b) Promote the public welfare., safety, and corWanienae, (c) Provide a comprehensive guide for capital outlay on street and highway :Unprovementa in said City. (d) Provide an authentic source of information for residents aul Investors in the City, (e) To obviate the menace to the public safety and the damage to property values resulting from inadequate provision of traffic thoroughfares. SECTION 930002 Official: Plan Linea 1, Official Plan Lines (i.e., nature width lines) shall be designated on maps drawn up by the City Engineer at the request of the City Council or at.the request of the City Planning Cam desion• acting through the City Council.,, 2. The Official Plan Line Mapa shall shox all property divisions and buildings adjacent to the project at a scale of 1" B 508, and they shall show the existing aar. proposed right-of-way widths as, well as a cross section of the proposed streeto The maps ahali be titled "Officiall Plan Lines of (name of street or hil ),way) ", There shall be ststerk-,nts of adoption for affirmation by the Planning co.nmssion and the City Council on each map, SECTION 9300.3 Index !LAR and Record of Official, Plan Livia 1, The City Clerk is hereby instructed to'make and keep up to date an index map which shall, show the streets or portions of streets upon which Official Plan Linea have been established, 2, The City Clerk is hereby directed to record all duly attested Official Plan Line Maps sdoptod under the provisions of this Chapter in the office of the County Recorder. 3, The City, Engineer is hereby directed to post notices at intervals of not more thani,000ft.on streets for which precise plan lines have been adopted. Said notices shall be painted on good or mtol'and shall contain the followiq -, words t "The bridth of this streets (off other appropriate designation) 3s estahli.ahed as feet according to the Master :street and Highway Pian:o� C ty of Son Luis Obispo., California. All buildings or other structures hereafter erected must be outside the lime of euci est bL6hed width as ahofm on the Official Plan Idrw lkap lld o y recorded in the office of the County Recorders San. Luisi po California, a copy of which is on file in the office of the City Clerks City of San Luis Obispo., California,." S TICS 1 9305:)a4 .� a Of t3 EMI Plan -L. In order to adopt an Official. Plan Line slap tho City Planning, Com".ss'on shaU be in receipt of said map from the City Engineer and shall hold at ]east 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 hea'rir4ls, The City. Plannin- Commission shall submit its findings in writing to the City Council vritldn 90 days after the notice of said hearing. 2. Upon receipt of the report frcm the City Planning; Comni.ssion, the City Council she11 set a date for at least one public hearing; and give public notice of said baring as prescribed by law. At such time as the hearing is concluded by the t� Council 3 they may adopt the official Plan Line Map as an amendment to Section 9300. , P of this Chapters or resubmit the reap to tha Planning Commission for farther study, 3, official Plan Lune Daps and all the notations thereon are hereby made a part of this Chapter at the time of ,their adoption by the City Council, and said maps constitute the subsections under this section of this Chapter. 40 5. 6. 7o etc. SECi'X0N 9300.5 No New Structures to be Future Streets 1. No building or structure shall hereafter be erected or placed within the Official Plan Unes of streets or highvays established by this Chapter except as provided for under the following; section; SECTION 9300,6 8R2!,-:j Procedure From �Y'�Ous Section 1, The City Council, upon receipt of a recommendation from the City Planning; Commission of the City of San Cols Obispos California, ,shall hear and decide appea le for variances in the strict application of section 9300.5'of this Chapter,, 2. The owner of ark property affected by established Official Plan Lines aaay appeal the strict interpretation of Section 9300.5 heroin. Said appeal sY.ould be mce in writing to the City Planning Commission. 3, Upon receipt of an appeals the City Planning Commission shall set a date for at least one public hearing and publish notice thereof in a newspaper of general circulation in the Gity► at least 10 days in advance of said public bearing, At the conclusion of said public hearing; the City Planning; Commission si all make its recc m- mandation by resolution in writing to the City Councils, ko In order to make a recommendation contrary to the provisions stated in Section 9300.5 herein, the City harming Commission not finds (a) That the property of which the Official Plan bins i.s0a part is of such nature that the oimer of the land will be substantially damaged by U0, refusal to E..rant VIO pc nzit, (b) That the property will not earn 0 fair return on the ocmer8 i,mestjw.nt unless the construction involved is authorized,, (c) That the granting; of the application is necessarsr for the preservation of substantial property rights„ 5� [+poil dfrceipt of Redid re,aart from the City PIOMI -af; Garb -, ssion or �n expiration of 60 days from the tim the applicant filed his appeal with the GIV Pl ar ing Com iissi.on, the City Council shall set a date for as public hearing thereon with notices as required by lav, At the conclusion of the public hearing the City Council. may grant the applicant a variance from the provisions of Section 9300.5 of this Chapter, 6, In order to grant a variance contrary to said Section, the City Council rrivast find: (a) "LUt the ,property of which the Official Plan Lire is a part is of Stich nature that the owner of the land will be substantially damgad by the refusal to g#raznt the permit, (b) That the property will not earn a fair return art thas owwrra investment unless the construction involved is authorizedo (c) Thant the granting o° i t1v application is necessary for the preservation of substantial property rights. SECTIM 9)W.7 Enforcerwnt and Penalties 1, It shall be the duty of the City Official vested with the authority of lsssuui.ng building penats to enforce this Chapter. Saki official shall not issue any such pernit in conflict with the .terms of this Chapter; and any such penli.t or li.carse issued in conflict wit)i the provisions of the Chapter shall be null and void. 2a Any building or i tructure ometed or moved contrary to the provisions of this Chapter shall be nand' the oA* is hareby declared to be iu awful. and as public nuisance; aand the City Attorraej' of said City shall, upon order of the City Council, it diately cormnm action or`pri9ceied' i gs for the abatement and removal and enjoi. =lt thereof in tho manner provided by:.laws, -and shall take such other steps and sha:.l apply to such courts as may have jurisdiction to f ar.t such relief as will abate and remi e such building or structiu e a SECTTG;d 930008 Value If a.rW section, sub_sactio4 sentence, clause or phrases of trie Chapter is for ark• reason hold by a court of competent jurisdiction to be invalid„ aaich decision shall not affect the validity of the renaining portions of this Chapter, The My Council hereby declares that it would have passed this Chapter and each section, sub- section, sentence, clause and ph;-;a6 hereof, irrespective of the fact that any one or rrom sections, sub - ,sections, sentenzoaa, clauses or phrases be decle reed Inva ltd, SECTION 9300.9 Reference 1, This Chapter shall be known and cited as this Official Plan Line iirdinaarnce of the City of Saan ' iuip Obispoe Calif orni s c SECTION 9300.10 Publication 11 The City Cle rZc of . tha .. C:.ty, of San Luis Obispo, Calif c rniaa,, is hereby directed tD cause this Chapter to be p,rbl..L€adaed once in the San Luis Obispo Telegram- Tribrme, as legal mwopaper of goneral' circulation printed and published in the City of San Dais Obispo,, California, `a'nd' hezeb;,r designat& for that purposeo SECTION 9300,11 Effectz l., This Chapter shall taIc© effect thirty (30) .days days after its passage, provided It has been published as rere� - ireOired and as rFquired by �m