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HomeMy WebLinkAbout06-05-2012 c6 zoning amendments-front yard parking ordinance 2nd readingcounci lagenOa RepoRtA Meeting Date 6/5/1 2 Item Number C 6 C I T Y O F S A N L U I S O B I S P O FROM : Derek Johnson, Community Development Directo r Prepared By :Brian Leveille, Associate Planne r SUBJECT : ADOPTION OF AN ORDINANCE AMENDING FRONT YARD PARKIN G REGULATIONS OF THE MUNICIPAL CODE AND REMOVING THE 72 - HOUR TIMEFRAME FOR PROPERTY MAINTENANCE STANDARD S VIOLATIONS ; CITY FILE #: TA 143-1 1 RECOMMENDATION Adopt Ordinance #1579 (2012 Series) amending front yard parking regulations of the Municipa l Code and removing the 72-hour timeframe for property maintenance standards violations . DISCUSSIO N Background On May 15, 2012, the City Council voted 4-1 to introduce an Ordinance amending the Municipa l Code (Attached). The amendments delete Municipal Code Section 10 .36 .233 and consolidat e front yard parking regulations in Chapter 17 .17 .055 of the Municipal Code (Zoning Regulations). The Ordinance also removes the 72-hour time period for property maintenance standard s violations in Chapter 17 .17 of the Municipal Code (Zoning Regulations). The Ordinance has been prepared for final adoption and will become effective 30-days after its adoption . ATTACHMENT : 1 : Ordinance #1579 (2012 series) amending the Municipal Cod e T:\Council Agenda Reports\2012\2012-06-05\Zoning Amendments - Front Yard Pkg (Ord 2nd Reading) (Johnson-Leveille)\TA 143-11 Counci l Report (2nd Reading).docx ORDINANCE NO . 1579 (2012 Series ) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SA N LUIS OBISPO AMENDING FRONT YARD PARKIN G REGULATIONS OF THE MUNICIPAL CODE AND REMOVIN G 72-HOUR TIMEFRAME FOR PROPERTY MAINTENANC E STANDARDS VIOLATIONS (TA 143-11 ) WHEREAS,the Planning Commission of the City of San Luis Obispo conducte d a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo , California, on April 25, 2012, and recommended approval of amendments to th e Municipal Code ; an d WHEREAS,the City Council of the City of San Luis Obispo conducted a publi c hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo , California, on May 15, 2011, for the purpose of considering amendments to the Municipa l Code (TA 143-11); and WHEREAS,the City Council finds that the proposed text amendments ar e consistent with the General Plan, the purposes of the Zoning Regulations, and othe r applicable City ordinances ; and WHEREAS,notices of said public hearings were made at the time and in th e manner required by law ; BE IT ORDAINED by the Council of the City of San Luis Obispo as follows : SECTION 1 .Environmental Determination .The project is exempt fro m environmental review per CEQA Guidelines under the General Rule (Sectio n 15061(b)(3)). The project involves updates and revisions to existing parking regulations i n the front yard areas of residential districts and timeframe provisions for propert y maintenance standards violations . It can be seen with certainty that the propose d Municipal Code text amendments will have no significant effect on the environment . SECTION 2 .Findings .Based upon all the evidence, the Council makes th e following findings : The proposed amendments will not significantly alter the character of the City o r cause significant health, safety or welfare concerns, since the amendments ar e consistent with the General Plan and directly implement City goals and policies . Periodic amendments, updates, and corrections of the Municipal Code ar e consistent with General Plan Policy to maintain regulations which are effective i n implementing policies consistent with the General Plan . These proposed amendments enhance public safety by ensuring the vehicles ente r and exist properties through permitted driveways and that the number of cars o n private property do not cause visual blight or hazards to the community . SECTION 3 . Chapter 17 .16 .020 .D . of the City of San Luis Obispo's Municipa l Code is replaced and amended to read as follows : What May Occupy Yards . 1 Utility Structures . Components of public utility systems may be located withi n street yards when approved by the Architectural Review Commission . 2.Fences, Walls and Hedges . Fences, walls and hedges may occupy yards to th e extent provided in Section 17 .16 .050 . (Vegetation may be controlled by th e California Solar Shade Control Act .) 3.Arbors and Trellises . Arbors and trellises may occupy yards subject to the exten t provided in Section 17 .16 .050 . Arbors and trellises shall not be connected to o r supported by a building, nor be designed to support loads other than vines o r similar plantings . They are not considered structures for zoning purposes and shal l not be used as patio covers . 4.Signs . Signs in conformance with the Sign Regulations codified in Chapter 15 .4 0 may occupy yards to the extent provided in those regulations . 5.Architectural Features . The following and similar architectural features ma y extend into a required yard no more than 30 inches : a . Cornices, canopies, eaves, buttresses, chimneys, solar collectors, shadin g louvers, reflectors, water heater enclosures, and bay or other projectin g windows that do not include usable floor space (Figure 1). Figure 1 b . Uncovered balconies, uncovered porches, or decks may extend into th e required yard not more than four feet or one-half the required yard distance , whichever is less . Fire escapes, exit stairs or other required exits may b e required to meet greater setbacks to comply with Building Code requirements . c Decks, planters and similar features less than 30 inches above grade may be located within the required yards . 6.Trash Enclosures . Trash enclosures which have been approved by th e Architectural Review Commission may be located within a required yard, provided no part of the enclosure is less than three feet from any right-of-way or adopte d setback line . 7.Vehicle Parking . Vehicle parking in front yard areas of residential properties shal l conform to section 17 .17 .055 of this code . No person shall stop, park, or leave C6-3 standing any vehicle, whether attended or unattended, within any street yard o r upon any unpaved surface as defined in Sections 12 .38 .040 and 17 .16 .020 of thi s code . 8.Unenclosed Parking Spaces in Other Yards . Unenclosed parking spaces and parking aisles may be located within other yards . For residential properties parkin g spaces may not be located within the "front yard" area unless consistent wit h section 17 .17 .055 . 9.Unenclosed . Tandem Parking Spaces . For single dwellings required parking ma y be approved by the Director to be in tandem where safe and compatible with th e surrounding neighborhood . 10.Enclosed and Unenclosed Parking Spaces in Street Yard Prohibited . In no cas e may an enclosed parking space or required parking space from which vehicles exit directly onto the street be located less than 20 feet from the street right-of-way o r setback line except as provided in 17 .16 .020E .2, or as provided in 17 .17 .055 .D . SECTION 4 .Chapter 17 .17 .040 .D .7 . of the City of San Luis Obispo's Municipal Code is replaced and amended to read as follows : Recreational vehicles and trailers with current licenses may be parked in driveway s consistent with 17 .17 .055 . SECTION 5 .Chapter 17 .17 .055 is hereby added the City of San Luis Obispo's Municipal Code : 17 .17 .055 Front Yard Parkin g A . Purpose and Application . 1 The purpose of these regulations is to preserve the residential character o f streetscapes in the City's neighborhoods . The expansion of parking in front yar d areas off driveways, interferes with the pattern of building masses and open area s within neighborhoods, creates vehicle clutter, and results in excessive vehicl e parking, which has the effect of creating small parking lots in front yard area s which are intended to remain as open areas within neighborhoods . 2 . These regulations apply to vehicle parking within the front yard areas as defined i n Section 17 .100 .F . and shown in Figure 9 . No person shall stop, park, or leav e standing any vehicle, whether attended, or unattended, unless consistent with th e provisions of this section . Figure 9 B . Allowed Front Yard Parking . Vehicles parked in front yard areas of residential lot s shall conform to all of the following requirements : 1.Vehicle parking is permitted on driveways leading to garage parking, or other approved off-street parking spaces . 2.Vehicles may only be parked in areas within the driveway width established to serve approved parking spaces as defined in City Parking and Drivewa y Standards . Vehicle parking on pavement or other surfacing added outside th e driveway area does not meet the definition of a driveway . (See figure 10 fo r examples of allowed front yard parking). Vehicles shall be parked completel y within the driveway surface with all tires completely on the driveway surface . 3.Vehicles may be parked in tandem (one vehicle behind another) provided there i s sufficient space that no part of the vehicle overhangs the property line o r sidewalk . C6-5 Figure 10 . Examples of allowed front yard parking for typical two-car garage and side loaded two-ca r garage . Vehicles are parked in driveway within area leading to approved parking in garage . C . Prohibited Front Yard Parking . 1 . Vehicles shall not be parked outside the driveway width area leading to garag e spaces or other approved parking or in any other manner inconsistent wit h 17 .17 .055 .B . Vehicle parking next to driveways, whether paved or unpaved i s prohibited . (see Figure 11 & 12). Figure 11 . Examples of prohibited front yard parking for typical two-car garage and side loaded two - car garage . Vehicles next to driveway and over sidewalk are illegally parked . 3 .Parking where vehicles are "straddling" or are partially on the driveway an d partially on an unpaved or paved surface next to the driveway is prohibite d (Figure 12). Figure 12 . Vehicles parked partially on driveway (straddling) are illegally parke d 4 . Vehicles may not be parked diagonally or in any other configuration which woul d require vehicle circulation outside the width of the driveway area except a s provided in 17 .17 .055 .B .3 .(tandem parking). (see Figure 13). Figure 13 . Diagonally parked vehicles are illegally parked D . Single Car Garages and Single Car Parking Residential properties which have parking configurations of a single car garage o r single car surface parking similar to figure 14 in this Chapter, may establish a n additional parking pad between the driveway and the nearest interior property lin e upon approval of a construction permit and conformance with the followin g requirements : The parking pad shall meet minimum parking space dimensions of Parking an d Driveway Standards to ensure adequate space for vehicle parking on the drivewa y and adjacent parking pad . The parking pad shall meet minimum depth requirements of the Parking an d Driveway Standards (typically 18 .5 feet) and vehicles may not be parked t o overhang the sidewalk or property line into the public right-of-way . 3 . The parking pad space shall be surfaced with alternative paving to achieve aesthetic and environmental objectives . Examples of alternative paving surfaces , include, but are not limited to : interlocking pavers, eco-block, porous AC paving , or cobblestone . Parking pads for single car garages and single car parkin g established prior to the adoption of this section may be exempted from thi s requirement. 4 . Vehicle circulation . There shall be adequate driveway ramp access such tha t vehicles can access the parking pad location from the public right-of-way withou t crossing over sidewalk area or other public improvements outside of the drivewa y ramp area including transitions . Figure 14 . Single car driveway E . Legal Non-conforming front yard parkin g 1 . In cases where permits have been granted prior to allow parking in the front yar d area that is not in conformance with Section 17 .17 .055 .B .; Or, in cases wher e pavement surfacing has been constructed to provide parking in conformance with . Section 17 .16 .020 .D .7 (parking in "other yards") prior to the adoption of sectio n 17 .17 .055, such parking shall be considered a legal non-conforming use, and ma y continue . Vehicle parking on pavement or other surfacing added outside th e driveway area to access such parking in "other yards" does not meet the definition of a driveway per section 17 .17 .055 .B . and shall not be deemed a non-conformin g use. SECTION 6 .Chapter 17 .17 .075 of the City of San Luis Obispo's Municipa l Code is replaced and amended to read as follows : 17 .17 .075 Neighborhood preservation . It shall be unlawful and a public nuisance for any person, firm or corporation, owning , Parking pad location betwee n driveway and nearest interior C6-8 leasing, occupying, or having possession of any private property in the City to maintai n such property in such a manner that any of the following conditions are found to exis t thereon : A . Refuse, green waste, and recycling receptacles shall not be within the front yard are a except as provided in Municipal Code section 8 .04 which states : Refuse and garbag e containers shall not be placed adjacent to the street for pickup more than twenty-fou r hours before pickup time, and such containers shall be removed within the twelve-hou r period following pickup, except in the Business Improvement Area (as defined i n Chapter 12 .36). In the Business Improvement Area, refuse and garbage container s shall not be placed adjacent to the street for pickup before 5 :00 p .m . or the close o f business on the day preceding pickup, whichever is later . Such containers shall b e removed before 10 :00 a .m . following pickup . The "front yard" area is defined as : Th e area of a residential lot that lies between the street property line and the walls of an y residences that face the street . (Ord . 1277, 1995). Trash, green waste, and recyclin g receptacles shall be completely screened from public view from the public right-of - way that abuts the front yard by a fence, landscaping, or wall that is otherwis e permitted by Zoning and Building Codes . Multi-family developments, condominiu m projects, and other common interest residential units which are approved for individua l waste wheelers shall remove waste wheelers from the common area visible from th e public right-of-way in accordance with this section . Multi-family projects with share d bin service shall utilize approved enclosure locations consistent with project approvals . B . Buildings which are abandoned partially destroyed or damaged or left in a n unreasonable state of partial construction, whose owners have been notified by th e City that the property has been determined to be in violation of this section . An abandoned building means any building or structure which is not occupied, used or secured for a period of one (1) year or more . A partially destroyed or damage d building means any building or structure in which 25% or more of the structure ha s been destroyed or damaged and not repaired or replaced for a period of one (1) year o r more . An unreasonable state of partial construction is defined as any unfinishe d building or structure that has been in the course of construction for two (2) years o r more, and the condition of said unfinished building or structure or accumulation o f construction materials substantially detracts from the appearance of the immediat e neighborhood . C.Paint or finish material on the exterior surface of a building or other structure that ha s become substantially deteriorated, damaged, or unsightly so as to significantly detrac t from the appearance of the immediate neighborhood . For the purposes of this Chapter , "substantially" shall be defined as the absence or deterioration of arequired protectiv e covering exceeding 25% of the exterior surface area, including, but not limited to , chipping, curling, damaged or missing paint . Exterior surfaces shall include gutters , downspouts, trim, doors, window, fences, and walls . D.Broken, deteriorated, neglected, abandoned, or substantially defaced structures , equipment, machinery, ponds, pools, or excavations visually impacting on th e neighborhood or presenting a risk to public safety or nuisance attractive to children . For the purposes of this Chapter, "nuisance attractive to children" shall mean an y condition, instrumentality or machine located in a building or on premises, which is or C6-9 may be unsafe or dangerous to children by reason of their inability to appreciate th e peril therein, and which may reasonably be expected to attract children to the premise s and risk injury by playing with, in, or on it . E.Parking lots, driveways, paths or other paved surfaces, except when located in a rear o r side yard of a single family dwelling, which contain substantial cracks, potholes o r other deficiencies posing a substantial risk of harm to the public . F.Trees, weeds, or other types of vegetation that are dead, decayed, infested, diseased , overgrown, or harbor rats or vermin and are visible from a public right-of-way . For the purpose of this chapter, "overgrown" is limited to lawns or weeds over 12" in height . Creek, riparian areas, open space, grassland communities, or other sensitive habita t and unique resource areas as defined by the General Plan are subject to separat e regulations . G.Buildings, structures, or other surfaces upon which graffiti exists . Graffiti, as used i n this Chapter, shall mean defacement, damage, or destruction by the presence of paint , ink, chalk, dye, or other similar substance ; or by carving, etching, or other engraving . H.Any violation of the provisions of a conditional use permit, planned developmen t permit, architectural review approval, variance or other land use entitlement or lan d use permit . I.Maintenance of property in such condition as to be detrimental to the public health , safety, or general welfare in such a manner as to constitute a public nuisance a s defined by Civil Code Section 3480 . (Ord . 1412 – 2002 Series) SECTION 7. Chapter 17 .17 .080 of the City of San Luis Obispo's Municipa l Code is replaced and amended to read as follows : 17 .17 .080 Prohibited acts . A.Unlawful acts .It is unlawful for any person, firm, or corporation that owns , occupies or controls property in the City of San Luis Obispo to maintain or fail t o maintain such property in violation of Sections 17 .17 .040, 17 .17 .050, 17 .17 .055 , 17 .17 .060, or 17 .17 .070, or 17 .17 .075 of this Chapter . B.Type of offense .Any person who violates Sections 17 .17 .040, 17 .17 .050 , 17 .17 .055, 17 .17 .060, 17 .17 .070, or 17 .17 .075 .A, or 17 .17 .075 .C-H, of this chapter shall be guilty of an infraction . Violations shall be punishable as set forth in Chapte r 1 .12 of the San Luis Obispo Municipal Code . Nothing in this chapter shall be deeme d or constituted to prevent the City from commencing any civil proceeding otherwis e authorized by law for the declaration or abatement of a public nuisance . (Ord . 1412 – 2002 Series ) SECTION 8 .Chapter 17 .100 .F . Front Yard . of the City of San Luis Obispo's Municipal Code is replaced and amended to read as follows : Front Yard .The area of a residential lot that lies between the street property lin e and the walls of any residences that face the street . (Ord . 1277, 1995) The front yar d area includes the entire yard extending across the full width of a site, the depth o f which contains all areas between the front property line back to the walls of the C6-10 building which are parallel or generally face the front property line . SECTION 9 .Municipal Code section 10 .36 .233 . Parking in Yard . of the City of San Luis Obispo's Municipal Code is hereby repealed . SECTION 10 .Severability .If any subdivision, paragraph, sentence, clause, o r phrase of this ordinance is, for any reason, held to be invalid or unenforceable by a cour t of competent jurisdiction, such invalidity or unenforceability shall not affect the validit y or enforcement of the remaining portions of this ordinance, or any other provisions of th e City's rules and regulations . It is the City's express intent that each remaining portio n would have been adopted irrespective of the fact that any one or more subdivisions , paragraphs, sentences, clauses, or phrases be declared invalid or unenforceable . SECTION 11 .A summary of this ordinance, together with the names of Counci l members voting for and against, shall be published at least five (5) days prior to its fina l passage, in The Tribune, a newspaper published and circulated in this City . Thi s ordinance shall go into effect at the expiration of thirty (30) days after its final passage . INTRODUCED on the day of ,2012,AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the day of 2012, on the following vote : AYES : NOES : ABSENT : Jan Howell Marx, Mayo r ATTEST : Sheryl Schroeder, Interim City Cler k APPROVED AS TO FORM : J . Christine Dietric k Christine Dietrick, City Attorney C6-11 Page intentionally lef t blank .