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ORDINANCE NO. 740 (1978 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS�OBISPO AMENDING
MUNICIPAL CODE ARTICLE VII, CHAPTER 3, PART 3, SECTIONS
7330.7 THROUGH 7330.9, AND AMENDING ARTICLE VII, CHAPTER
3, PART 4, SECTION 7350. (SIDEWALK CONSTRUCTION REGULATIONS)
BE IT ORDAINED by the Council of the City of San Luis Obispo as
follows:
SECTION 1. Municipal Code Article VII, Chapter 3, Part 3, Sections
7330.7 through 7330.9 are hereby amended to read as follows:
(See Exhibit "A" text.)
SECTION 2. Municipal Code Article VII, Chapter 3, Part 4, Section
7350 is hereby amended to read as follows:
(See Exhibit "Bt1 text.)
SECTION 3. This Ordinance, together with the ayes and noes, shall be
published once in full, at least three (3) days prior to 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 (30) days
after its said final passage.
INTRODUCED AND PASSED TO PRINT this 3rd day of January , 1978,
on motion of Mayor Schwartz , seconded by Councilman Settle ,
and on the following roll call vote:
AYES: Councilmen Jorgensen, Petterson, Settle and Mayor Schwartz
NOES: None
ABSENT: Councilman Dunin
ATTEST:
Cit er J. H. Fitzpatrick
0 740
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE & LILLEY
City Attorney
By Allen Grimes
Approved as to content:
C' y Administrative Office
z
Director of Public Services/
Associate Administrative Officer
SECTION 7330.7. REPLACEMENT OF CURB AND SIDEWALK OF ABANDONED
DRIVEWAYS.
"Abandoned Driveway" is defined as any driveway for which there is no
immediate reasonable use as such, or where the use of condition of the
abutting property has been so changed that the driveway is no longer needed.
The Director of Public Services shall determine whether a driveway has been
abandoned. Any such abandoned driveway shall be removed and replaced with
standard curb and gutter and sidewalk to fit the existing line and grade of
adjacent standard curb and gutter and sidewalk, within thirty (30) days after
the owner has been notified. The Director of Public Services shall cause an
abandoned driveway to be removed if it has not been removed within thirty (30)
days after notice. The procedure for repair and collection of the cost of
repair shall be as set forth in Division 7, Part 3, Chapter 22 of the Streets
and Highways Code.
SECTION 7330.8. IMPROVEMENTS REQUIRED.
Whenever any building is constructed on or moved onto any parcel of real
property in the city, or whenever existing buildings are altered or expanded
in excess of 500 of value of such building, it shall be mandatory except as
hereinafter provided, that a standard concrete curb and gutter and sidewalk
be installed on such property by the owner of such property or the person in
possession of such property prior to granting of occupancy or final approval.
It shall be unlawful for any person to occupy or use such buildings prior to
the installation of the required curb, gutter and sidewalks unless a certified
check or cash in the amount to be fixed by the City Engineer is deposited with
the City to guarantee such installation within thirty (30) days. In the event
the improvement is not so completed then the City may use all or any portion
of such deposit to complete said installation.
Exceptions:
(a) M Zones. Special permit may be issued to omit the sidewalk upon
approval of the City Planning Commission.
(b) On large sized properties on which only a portion of the property
is to be occupied by the construction of a building or a commercial
enterprise, concrete sidewalks, curbs, gutters and driveway approaches
may, upon approval of City Planning Commission, be confined to that
portion of the street frontage abutting the portion of the property
being developed including areas used for parking of motor vehicles.
(c) In the event of unusual circumstances such improvement would create
in the opinion of the Planning Commission extreme hardship or serve
no useful purpose. Then upon such finding said commission may waive
the required improvement.
SECTION 7330.9. APPEAL.
In case the owner or permittee is not satisfied with the action of the
City Engineer or Planning Commission, he may within five (5) days appeal in
writing to the Council. The Council shall render its decision within sixty
(60) days after the filing of such appeal.
IT ""A""
SECTION 7350. GENERAL PROVISIONS.
(a) As used in this part, "sidewalk" includes a park or parking strip
maintained in the area between the property line and the street line and
also includes curbs,.gutters, bulkheads, retaining walls or other works for
the protection of any sidewalk or of any park or parking strip or any of the
above.
(b) This part constitutes a separate and alternative procedure for per-
forming and collecting the cost of the work specified herein. The procedures
set forth in this part are in addition to and the limitations imposed by this
part do not affect the powers conferred or procedures prescribed by Charter
or the General Law.
(c) For purposes of this part, "Superintendent of Streets" shall mean
the Director of Public Services.
Cc
ORDINANCE NO. 740
FINALLY PASSED this 17th day of January 1978 ,
on motion of Councilman Jorgensen seconded by
Councilman Settle on the following roll call vote:
AYES: Councilman Jorgensen, Settle, Petterson, Dunin and Mayor Schwartz
NOES: None
ABSENT: None
ATTEST:
J. itzpatrick, CITY CLERK
th E. Schwartz, MAYOR