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HomeMy WebLinkAbout0740V. At 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