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HomeMy WebLinkAbout05-15-2012 ph2 zoning reg amendmentscounci lj acenaa uepoRt Meeting Date hem Number PH 2 C I T Y O F S A N L U I S O B I S P O FROM : Derek Johnson, Community Development Director Prepared By: Brian Leveille, Associate Planne r SUBJECT :MUNICIPAL CODE AMENDMENTS UPDATING FRONT YARD VEHICL E PARKING REGULATIONS AND REMOVAL OF 72-HOUR TIMEFRAM E FOR PROPERTY MAINTENANCE STANDARDS VIOLATIONS . RECOMMENDATIO N As recommended by the Planning Commission, introduce by title only an ordinance to adopt th e proposed amendments to the Municipal Code amending front yard parking regulations an d removing the 72-hour timeframe for property maintenance standards violations . REPORT-IN-BRIE F In many areas of the City, neighborhoods have been negatively impacted by illegal vehicl e parking in front yard areas . Vehicles are either parked on lawns, or additional paving has been added in the front yard areas to provide additional parking outside of the driveway or approve d parking location . Addressing front yard parking violations is one of the focus areas for the newl y created Neighborhood Services Specialist positions, which will be undertaking proactive outreach and enforcement efforts . Current regulations on front yard parking are interspersed i n the Municipal Code and can be difficult to enforce for certain property configurations . Th e recommended revisions to front yard parking regulations consolidate and clarify the intent o f current regulations, which only allow vehicle parking on lawfully established driveways leadin g to approved parking . To provide clear regulations for property owners and enforcement staff , amended regulations would also add figures and graphics to clearly demonstrate the ordinanc e language . Staff has also included amendments to Property Maintenance Standards, which woul d remove the 72-hour timeframe before violations can be determined . This item was discussed a t the City Council's April 10, 2012, meeting where staff provided an update of the Neighborhoo d Wellness Major City Goal . The removal of the 72-hour timeframe for NEO violations will allo w minor issues to be more readily resolved . DISCUSSIO N Front Yard Parkin g There are many areas throughout the City where makeshift parking has expanded in front yar d areas beyond driveways and legal parking spaces . The expansion of parking in front yard area s has had a detrimental impact on the residential character of neighborhoods . Landscaped areas of front yards have been removed and additional parking spaces have been added into front yar d areas to allow for additional vehicle parking . When front yard areas are converted into parkin g areas, the resultant additional parking outside of driveway areas creates vehicle clutter in fron t PH2-1 Council Agenda Report – Front Yard Parking (TA 143-11 ) Mav15, 2012 Page2 yard areas and can resemble small parking lots which are inconsistent with the streetscap e character of residential neighborhoods . Front yard parking regulations are already in effect, but require revisions to more effectivel y communicate existing standards . The City Council has directed staff to revise front yard parkin g regulations and to return to the Council with amended regulations that are clear and enforceable . The staff recommended amendments consolidate regulations on front yard parking in one sectio n of the Zoning Regulations, and are intended to minimize interpretations and include graphics and clear language to demonstrate allowed and prohibited parking . Proposed amendments are intended to clarify existing parking standards and help the community understand existin g requirements . Planning Commission Hearings and Recommendation s Study Session On April 27, 2011, the Planning Commission reviewed draft regulations on front yard parking as part of a study session . The purpose of the study session was to receive feedback from th e Commission, the public, and other City Departments responsible for enforcing the provisions, s o staff could return with amendments which are clear, enforceable, and responsive to variou s property configurations throughout the City . The Commission raised a number of questions o n enforcement and provided several points of direction for staff to address when propose d amendments return to the Planning Commission for a formal recommendation to the Cit y Council (April 27, 2011, PC Minutes, Attachment 1). The need for outreach to property owner s as well as tenants was discussed . Planning Commission Recommendatio n On April 25, 2012, following a period of extensive outreach (discussed below), staff returned t o the Planning Commission to consider a recommendation to the City Council (Attachment 2, P C meeting minutes). Several Commissioners discussed the difficulty of creating parking regulation s meant to apply to all residential properties . The Commission discussed that the regulations do no t apply equally to properties, and that certain property configurations would be allowed greate r vehicle parking than others based on the width of the driveway and garage orientation. As an example, a side loaded garage is able to accommodate a greater number of vehicles in the front yard area than a typical garage facing the street since the driveway area is much larger . Th e Commission also discussed the potential unintended consequences of additional pressure fo r vehicles to park on streets, and that the regulations would not solve the underlying issues o f rental homes with as many as five residents who each have their own vehicle .Several Commissioners noted that the staff recommended amendments are an improvement over th e existing regulations and voiced support for the recommended amendments . On a 4 :2 vote, (Commissioners Multari & Fowler, dissenting) the Commission recommended th e Council adopt the staff recommended amendments to the Municipal Code (Attachment 3 , Planning Commission Resolution). No modifications were made to the staff recommende d PH2-2 Council Agenda Report – Front Yard Parking (TA 143-11 ) Mav 15, 2012 Page 3 ordinance . Community Outreac h Over the past several months, planning staff has conducted outreach to student and neighborhoo d groups of pending updates to front yard parking regulations . Public outreach efforts made to date (front yard parking): •Neighborhood Services Team public meeting, Ludwick Community Cente r •Cuesta College Student Forum, Cuesta Colleg e •Student Community Liaison Committee (SCLC), Council Hearing Roo m •Cuesta College Student Forum, Cuesta College •Cal Poly ASI Board of Directors, Cal Poly University Unio n • Residents for Quality Neighborhoods, Methodist Churc h •San Luis Obispo Property and Business Owner's Association (SLOPBOA ) •Parking Districts (all property owners and tenants in parking districts were provided wit h advance notice of the April 25, 2012, Planning Commission meeting). Front Yard Parking Regulations Amendment s The recommended Front Yard Parking Regulations adding Section 17 .17 .055 (Attachment 4), and associated amendments (Attachment 5), are based on comments from previous Planning Commission review, public outreach efforts, and feedback from the staff responsible fo r enforcing front yard parking regulations . The revisions consolidate various code sections relatin g to front yard parking regulations and are intended to be clear and enforceable . In the attachments , proposed new language in the Zoning Regulations is underlined and proposed deleted language i s shown in strikethrough. Specific sections are discussed in more detail below : 17 .17 .055 .A . Purpose and Applicatio n Staff has added language and graphics to clearly show the front yard area where the regulation s are applicable . Current regulations preclude parking within the "street yard" or setback are a unless vehicles are parked on a lawfully established driveway leading to approved parkin g spaces . In most cases, this would result in a 20-foot area from the property line where vehicle s can only be parked in the driveway area . Staff recommends a shift away from referencing "yards" and setbacks to using the "front yard " definition. The "front yard" definition is much easier for residents and enforcement staff t o understand and determine. The "front yard" definition also is a more logical fit for the intent o f the regulations, which should apply to the whole front yard area visible from the street . Currently, with the use of the street yard definition, the regulations could only be enforced withi n the setback area . Use of street yards also requires locating the property line, and then the applicable setback would need to be measured . With the use of "front yards" the regulation s would apply to the whole front yard area visible from the street and setbacks would no longe r PH2-3 Council Agenda Report – Front Yard Parking (TA 143-11 ) Mav 15, 2012 Page4 need to be measured . The definition of "front yard" is defined as "the area of a residential lot tha t lies between the street property line and the walls of any residences that face the street ." (17 .100 .F .). The Council recently adopted a similar modification when regulations on storage o f trash, recycling, and green waste receptacles were adopted . Staff also recommends using figure s to graphically depict the front yard area as shown below . These graphics show the front yard are a for a typical interior lot and corner lot where the front yard parking regulations would b e applicable (Figure 1, below). Figure 1. Front yard area (corner lot &interior lot) 17 .17 .055 .B . Allowed Front Yard Parkin g Existing regulations on front yard parking : Municipal Code — Vehicles and Traffi c Chapter 10 .36 .233 . Parking in yard . No person shall stop, park, or leave standing any vehicle, whether attended or unattended , within any street yard or upon any unpaved surface as defined in Sections 12 .38 .040 and 17 .16 .020 of this code . Parking on lawfully established driveways leading to approved parkin g spaces is exempt from this prohibition, provided such allowed driveway parking does no t include parking on or over a public sidewalk . Any violation of this section shall be a civi l penalty . (Ord .1264 § 8, 1994 ) Section 12 .38 .040 referred to above is the paving standards of the Parking and Drivewa y Standards and Section 17 .16 .020 is the setback requirements of the Zoning Code. Staff is proposing moving this requirement and associated code sections to Chapter 17.17 of th e PH2-4 Council Agenda Report – Front Yard P arking (TA 143-11 )Ma 15 201 2 Zoning Code . Staff revisions would clarify Pa 'e graphic s re visions t this section with mor d i parking with arleetal on l g d '.driveway leading to a side load d a e (Figur e two car legal d rivewaygarage on an interi or lot an dthe Zoning Code is because the City Attorney s O 2, below) . ffice has The a parking on atheZonis a zoningis issue rather than a vehicle p rpne o hmoving the secton tdetermined that are parking on private ei n Chapter 10.36 . The current regulations only e an d preclude v etraffi chicles code issue which ar addressed i nThe section should be amended to include prohibiting vehiclesoverhangin g ove rhanging the publi c public si dewalk .line in cases where there is no si dewalk .the property Figure 2.Examples of allowed front yard parking,Vehicles are parked .approved parking in the garage.an driveway within area leading to17170550P....rohibited Front Yard Parki n This section provides additional l ganuage describin gillustrate. Staff has included language prohibited parking sc enarios andparking,and describing several scenarios of prohibited fron t graphics t ographics illustrate one of the more common s ituations of "straddling " vehicles are overhanging each side of the driveway (Figure yard 3, below).where tw o Figure 3.Examples of prohibitedfront yard parking.Vehicles straddling driveway an d and over sidewalk are illegally parked.parked next to driveway, PH2-5 Council Agenda Report – Front Yard Parking (TA 143-11 ) May 15, 2012 Page6 17 .17 .055 .D . Single Car Garages and Single Car Parking In recognition that available parking for single car garages is limited, provisions have bee n included to allow an additional parking pad . This was a concern of the Planning Commission a t the study session, particularly as it affects properties surrounding the downtown . As a result, staf f recommended a section that provides for approval of an additional parking pad with approval o f a construction permit, subject to conformance with standards for minimum dimensions, vehicl e circulation and surfacing . The parking pad location is only recommended between the drivewa y and nearest interior property line to minimize impacts to the front yard area (Figure 4). This requirement will prevent additional parking spaces from being added to the center of front yard areas, which would negatively impact the streetscape appearance of the yard area . Parking pad location betwee n driveway and nearest interio r property line Enforcemen t Front yard parking regulations will be consolidated in Zoning Code Chapter 17 .17 : Property Maintenance Standards. This Chapter also includes several other regulations affecting the fron t yard area of residential properties, such as front yard paving, trash and recycling receptacl e storage and screening requirements, and general property maintenance requirements . Violations of parking regulations on private property are a Zoning violation and not a violation of th e Vehicle Code, so vehicle tickets will not be issued . Violations of front yard parking violation s will be handled similar to other Zoning Code violations with a Notice to Correct letter and a one - time ten day warning period . Additional violations observed after the ten day warning period ma y result in issuance of Administrative Citations . Elimination of 72-Hour Timeframe for violation s On April 10, 2012, the City Council heard a Neighborhood Wellness Major City Goal update an d approved revisions to the Administrative Citation Guidelines to implement proactive cod e enforcement . The Council adopted an Ordinance to amend Municipal Code Section 1 .24 - Administrative Citations . The Council-adopted amendments to implement proactive cod e enforcement include a revised fee schedule with a reduced fine structure for Neighborhoo d Enhancement Ordinance (NEO) violations . The Neighborhood Wellness Update Report provide d to Council, also included a discussion of the need to remove the provisions of propert y PH2-6 Council Agenda Report — Front Yard Parking (TA 143-11 ) Mav 15, 2012 Page7 maintenance standards that require the violation to be present on the property for 72 hours befor e a violation can be determined . Under the current 72 hour time period requirement, staff woul d need to find the violation, and then return 72 hours later to determine that a violation still exists . The removal of the 72 hour provision would allow for immediate notice of the violation an d afford the property owner and tenants a reasonable amount of time before issuing a citation . In most cases this would be 10 days, but for some issues such as inside furniture stored outside, or a car parked on the lawn, a reasonable time would be at the code enforcement officer's discretion . The April 10, 2012, Council Report also noted that staff will continue to reserve the right to us e discretion for cases where a temporary violation of the property maintenance standards i s warranted to facilitate a temporary activity . As an example of this discretion, the Council repor t described a situation where furniture is placed outside that is intended for collection by Goodwill or some maintenance activity such as painting or carpet cleaning when the activity is for a limite d duration and reasonable purpose . FISCAL IMPAC T When the General Plan was prepared, it was accompanied by a fiscal impact analysis, whic h found that overall the General Plan was fiscally balanced . The proposed amendments to fron t yard parking regulations consolidate existing regulations and clarify their intent . The propose d front yard parking regulations amendments are consistent with the General Plan and have a neutral fiscal impact . ALTERNATIVE S 1 . The Council could approve the proposed amendments to the Municipal Code wit h additional modifications . The Council could determine that the proposed modifications would be inconsistent wit h the General Plan and/or other policy documents, and therefore not approve th e amendments . ATTACHMENT S 1 .April 27,2011, Planning Commission study session minute s 2 .April 25,2012, Draft Planning Commission meeting minute s 3 .April 25,2012, Planning Commission Resolutio n 4 .Legislative draft : Section 17 .17 .055 (Front Yard Parking Regulations) 5 .Legislative draft : Zoning Code and Municipal Code Amendment s 6 .Draft ordinance introducing the text amendments T ;\Council Agenda Reports\2012\2012-05-15\Zoning Regulations Amendments{Johnson-Leveille)\Council Agenda Report (TA 143-11).doc x PH2-7 SAN LUIS OBISPO Attachment 1 PLANNING COMMISSION MINUTE S April 27, 201 1 ROLL CALL : Present :Commissioners Michael Boswell, Michael Draze, Eric Meyer, Charle s Stevenson, and Vice-Chairperson Mary Whittlese y Absent :Commissioner Airlin Singewald and Chairperson Michael Multar i Staff :Deputy Community Development Director Doug Davidson, Associat e Planner Brian Leveille, Assistant City Attorney Andrea Visveshwara , and Recording Secretary Janet Mille r ACCEPTANCE OF THE AGENDA :The agenda was accepted as presented . MINUTES :Minutes of April 13, 2011, were approved as amended . PUBLIC COMMENTS ON NON-AGENDA ITEMS :There were no comments . PUBLIC HEARINGS : City-wide .GPA 8-11 : Zoning Code Update : Study session on potential zonin g regulation amendments including regulation of vehicle parking in residential fron t yards ; City of San Luis Obispo —Community Development Department, applicant . (Brian Leveille ) Brian Leveille, Associate Planner, presented the staff report, recommending to conside r a staff report analysis, public testimony, and Commission discussion, and to provide a recommendation for staff to return to the Commission with a draft ordinance at a futur e meeting . PUBLIC COMMENTS : John Sherry, San Luis Obispo, spoke in support of modifications to the front yar d parking regulations suggested by staff . Mr . Sherry noted the impacts of the hig h number of single-family residences rented out to students, primarily in area s surrounding Cal Poly, which negatively affects the neighborhoods . Mr . Sherr y supported the staff report and indicated it was important to include language that all fou r wheels of vehicles remain on the paved portion of the driveway . Brett Cross, San Luis Obispo, spoke in support of the modifications to front yard parkin g regulations suggested by staff . Mr . Cross also noted that perhaps the regulations d o not go far enough and deal with the left-over paving in front yard areas that will still be i n place even with more effective enforcement of parking violations . There were no further comments made from the public . COMMISSION COMMENTS : PH2-8 Planning Commission Minute s April 27, 201 1 Page 2 Attachment 1 Chairperson Multari, absent for the meeting, provided correspondence concerning th e item . Deb Linden, Police Chief, spoke in support of the staff report . Chief Linden noted the modifications to existing regulations and graphics suggested by staff would help provid e clarity and support enforcement . She discussed the need for community outreach an d education prior to more robust enforcement of the regulations . Commr . Meyer noted that, under future direction, a single-car garage home should no t be unfairly singled out, since minimal parking areas already exist . Commr . Boswell suggested that the outreach program be directed toward .the property owners instead of the renters . Andrea Visveshwara, Assistant City Attorney, suggested that the language be clarifie d to note contact with property owners . Chief Linden discussed the need to provide outreach and education to the renters . Sh e noted that the best approach may be to directly deal with property owners where ther e have been chronic offenders . Commr. Draze discussed narrow curb cuts and lack of sidewalks in certai n neighborhoods and that the ordinance needs to also be clear for property owners an d renters about vehicle overhang violations when there are not sidewalks . Commr . Stevenson noted that the underlying problem is too many renters than wer e designed for in single-family properties . He suggested that outreach be provide d through water bills and citations go directly to the property owners . Chief Linden discussed how enforcement and zoning regulations would need to b e amended to work in conjunction with each other . She discussed that properties wit h chronic offenders could be addressed through contact with property owners . Commr . Meyer noted the distinction between businesses located at residences versu s rental properties . Chief Linden noted the differences in the law and limits to regulate through th e permitting process for businesses and rentals in residences . Vice-Chair Whittlesey suggested the inclusion of foundation language unde r 17 .16 .020 .A. Staff noted the following Commission points on front parking : 1) Figures for straddlin g and rear garages ; 2) Allow flexibility for single-car garages ; 3) Address flat work approval ; 4) Address ; 5) Areas without sidewalks ; 6) Strategy for roll out ; 7) Layere d approach for enforcement ; 8) Run a test case and review with other departments ; and 9) Simple language and direct purpose in amendments . PH2-9 Planning Commission Minute s April 27, 201 1 Page 3 Attachment 1 Commr . Boswell suggested a focus on illegal parking where vehicles overhang th e sidewalk and ensuring the ordinance was clear on this issue . Ms . Visveshwara noted that there are regulations in place and Chief Linden discusse d enforcement in progress . Chief Linden suggested that consideration be given to holding off on final passage o f the front yard parking ordinance until after students return in the fall or that enforcemen t be delayed until sufficient outreach and notification can be given to inform students o f the regulations and the more proactive enforcement . Commr . Boswell suggested height, location of hedges, vegetation, and arbors be drive n by visibility and safety . Commr . Meyer noted the difficulty determining size of arbor versus archway . Staff noted that there could be flexibility in the language for small-scale landscaping features . Staff noted that strong visibility could be stressed in the language under the height , location of hedges, and vegetation . Commission supported the language for arbor s presented by staff . Commr . braze supported three-foot hedges on a retaining wall for safety purposes . Commr . Stevenson supported the proposed language regarding fence height . Commr . Draze suggested the language include "that in no case should a fence excee d six feet, and a fence combined with a retaining wall should not be more than nine feet ." There were no further comments made from the Commission . No motion was required on the item presented . 2.Staff a .Agenda Forecas t 3.Commissio n ADJOURMENT :The meeting was adjourned at 8 :00 p .m . Respectfully submitted by , Janet Mille r Recording Secretary PH2-10 Planning Commission Minute s April 27, 201 1 Page 4 Attachment 1 Approved by the Planning Commission on May 11, 2-011 . Ryan Betz Supervising Administrative Assistant PH2-11 ATTACHMENT 2 SAN LUIS OBISP O PLANNING COMMISSION MINUTE S April 25, 201 2 CALL TO ORDERIPLEDGE OF ALLEGIANC E ROLL CALL :Commissioners John Fowler, John Larson, Michael Multari, Charle s Stevenson, Vice-Chairperson Eric Meyer, and Chairperson Michae l Draz e Absent :Commissioner Airlin Singewal d Staff :Director Derek Johnso n Andrea Visveshwara, Assistant City Attorne y Deputy Community Development Director Doug Davidso n Associate Planner Brian Leveill e ACCEPTANCE OF THE AGENDA : The agenda was accepted as presented . MINUTES : Minutes of April 11, 2012, were approved as amended . PUBLIC COMMENTS ON NON-AGENDA ITEMS : There were no comments made from the public . PUBLIC HEARINGS : City-Wide .R/TA 101-11 : Municipal Code text amendments to enhance alcoho l outlet regulations to improve public safety ; City of San Luis Obispo — Communit y Development Department, applicant .(Doug Davidson) Doug Davidson . Deputy Community Development Director, presented staff repor t recommending the City Council adopt the proposed amendments to Title 17 (Zonin g Regulations) of Municipal Code to enhance alcohol outlet regulations to improve publi c safety . Commr. Multari questioned the Deemed Approved Ordinance and if alcohol outlet s could be denied or subject to a use permit . Staff clarified that the Deemed Approve d Ordinance applies to existing outlets without use permits . Andrea Visveshwara , Assistant City Attorney, stated that violations of the Deemed Approved Ordinance are considered a public nuisance and are subject to enforcement . Commr. Stevenson questioned how the Deemed Approved Ordinance might apply to existing use permit holders which have had permits for a long period of time . Staff stated a deemed approved ordinance applies to existing outlets which were establishe d prior to the City requirement for those outlets to have use permits . Use permit PH2-12 ATTACHMENT 2 approvals would continue to run with the land and violators of the Deemed Approve d Ordinance would be subject to the use permit standard conditions through th e administrative hearing process . Commr. Fowler questioned what the process was before coming to the Plannin g Commission . Staff provided background on prior study sessions and City Counci l direction . PUBLIC COMMENTS : Steve Tolley, SNL, stated his support of staff's efforts and announced the group has a few remaining concerns that will be discussed with staff on May 1 st Sandy Rowley, RQN, stated her support of the new Zoning Regulations and Ordinance . There were no further comments made from the public . COMMISSION COMMENTS : Commr. Multari asked if liquor stores have created any problems . Captain Stale y responded that while liquor stores are not the focus of the new regulations they hav e created compatibility issues in other jurisdictions .Commr.Multari also asked about th e fines that are listed as one of the potential strategies . Deputy Director Davidson replie d that the restaurant/bar owners were concerned about fines and that the City chose a collaborative approach of working together with alcohol outlets instead of levying fines . Commr. Multari supported staff's recommendation and noted that long range plannin g will be very important and there is no easy solution on locations of alcohol outlets . Commr . Larson questioned the redundancy of some of the standard conditions i n Attachment 1 . Staff responded that they are just examples of recently applie d conditions and that there is some overlap Staff agreed to revise the exhibit for th e Council . Vice-Chairperson Eric Meyer stated alcohol outlets are currently more concentrate d downtown than they used to be and supported Multari's statement of the importance o f addressing this topic in the Land Use Element Update . Chairperson Michael Draze stated that the "effective date" of the Ordinance change s should be noted . Staff stated that Ordinance amendments do contain the dates . On motion by Commr . Multari, seconded by Commr . Stevenson, to adopt the propose d amendments to Zoning Regulations of the Municipal Code to enhance alcohol outlet regulations to improve public safety with the minor changes (typos, lettering) noted . AYES :Commissioners John Fowler, John Larson, Michael Multari, Charle s Stevenson, Vice-Chairperson Eric Meyer, and Chairperson Michael Draz e NOES :None RECUSED :Non e ABSENT:Commissioner Airlin Singewald PH2-13 ATTACHMENT 2 The motion passed on a 6 :0 vote . 2 .City-Wide :TA 143-11 : Municipal Code text amendments which update and revis e front yard parking regulations ; and removal of minimum timeframes for propert y maintenance violations ; Community Development, applicant .(Brian Leveille) Brian Leveille, Associate Planner, presented the staff report to adopt the Plannin g Commission resolution which recommends that the City Council adopt the propose d amendments to the Municipal Code . Commr . Stevenson questioned the City's approach of pro-active enforcement an d hoped that education and warnings would be given before citations . Staff provide d background on the Neighborhood Wellness Major City Goal and the slow roll-ou t process for enforcement . PUBLIC COMMENTS : Jim Anderson, San Luis Obispo, stated that parking on front yards and on streets are two different problems . He also encouraged the Commission to allow an extra parkin g space for two-car garages as is being suggested for one-car garages . John Sherry, San Luis Obispo, stated the neighborhoods are not designed as hig h density homes and people should parkin their garage,and that parking on front yard s goes around the intent of the parking districts . Carolyn Smith, San Luis Obispo, stated that there are too many cars in neighborhood s and that other college towns do not have this problem . Sandra Rowley,San Luis Obispo, supported the Ordinance amendments and was concerned about allowing an extra pad for single-car garages . There were no further comments made from the public . COMMISSION COMMENTS : Commr. Stevenson stated his sympathy for neighborhood concerns about the impact o f front yard parking . Vice-Chairperson Meyer supported the staff recommendation including the single - garage parking pad . Commr. Fowler also supported the recommendation and questioned the implications o f the Ordinance and comments from ASI which raised concerns of the impacts which ma y result from the new ordinance and stepped up enforcement . Staff stated that one implication of the new regulations is that many garages will have been converted or ar e being used for other purposes will now have to be made available for parking . Staff also responded that over time there will be some changes in how properties are used, and i n some cases there may not be as many residents accommodated in some residence s due to enforcement of the new provisions . PH2-14 ATTACHMENT 2 Commr . Larson supported Ordinance and single-garage parking pad . He also state d that there will always be some property geometry that doesn 't fit within the new regulations and that the Ordinance could not address every possible scenario . Commr. Multari was also concerned about the City's pro-active enforcement approach . He reviewed the graphics provided in the staff report and noted inequities in th e situations . For instance, side-loaded garages could park 4-5 vehicles in the drivewa y while a typical driveway to a two-car garage could accommodate only two . He believed that front yard parking is an irresolvable issue and that the regulations could hav e unintended consequences . He stated that there is a tenuous connection between th e impacts of front yard parking and the public health, safety, and welfare and would not b e supporting the amendments . Commr. Stevenson stated the Ordinance is not perfect but a compromise that the Cit y should launch to address some of the impacts of parking in front yards . Chairperson Michael Draze supported the Ordinance and wanted to be sure that ther e was no confusion between front and side street yard setbacks and the front yar d definition . Commr . Multari stated that the additional car pad could be on the interior side of th e driveway and not only next to the side property line . Commr . Fowler supported an additional parking pad for two-car garages . On motion by Commr . Stevenson, seconded by Vice-Chairperson Meyer, to adopt th e Municipal Code text amendments to update and revise front yard parking regulations ; and removal of minimum timeframes forproperty maintenance violations . AYES :Commissioners John Larson and Charles Stevenson, Vice-Chairperso n Eric Meyer, and Chairperson Michael Draz e NOES :Commissioner Multari and Fowle r RECUSED :Non e ABSENT :Commissioner AirlinSingewald The motion passed on a 4 :2 vote . COMMENT AND DISCUSSION : 3.Staff a . Agenda Forecast — Doug Davidson presented the agenda forecast . 4.Commissio n Chairperson Multari invited the Commission to the Economic Development Strategi c Plan workshop on April 26, 2012, at the City-County Library . Commr . Fowler stated his absence for the May 9, 2012 Planning Commission meeting . PH2-15 ATTACHMENT 2 The Commission also agreed to have staff agendize at a later date for genera l discussion the impact of rental properties in single-family neighborhoods . ADJOURNMENT :The meeting was adjourned at 8 :25 p .m . Respectfully submitted by , Doug Davidso n Recording Secretary Attachmen t RESOLUTION NO . PC-5574-1 2 A RESOLUTION OF THE SAN LUIS OBISPO PLANNING COMMISSIO N RECOMMENDING THE CITY COUNCIL APPROVE AMENDMENTS T O FRONT YARD PARKING REGULATIONS OF THE MUNICIPAL COD E AND ELIMINATION OF PROPERTY MAINTENANCE STANDARD S 72-HOUR TIMEFRAME FOR VIOLATIONS (TA 143-11 ) WHEREAS, the Planning Commission 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, o n April 25, 2012, for the purpose of considering amendments to Title 17 (Zoning Regulations) o f the Municipal Code and associated modifications to the Municipal Code ; and WHEREAS, said public hearing was for the purpose of formulating and forwardin g recommendations to the City Council of the City of San Luis Obispo regarding the project ; an d WHEREAS, notices of said public hearing were made at the time and in the manne r required by law ; and WHEREAS, the Planning Commission has duly considered all evidence, including th e testimony of the applicant, interested parties, and the evaluation and recommendations by staff, presented at said hearing . NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City o f San Luis Obispo as follows : Section 1 .Findings .Based upon all the evidence, the Commission makes the followin g findings : 1.The proposed amendments will not significantly alter the character of the City or caus e significant health, safety, or welfare concerns, since the amendments are consistent with th e General Plan and directly implement City goals and policies . 2.The project is exempt from environmental review per CEQA Guidelines under the Genera l Rule (Section 15061(b)(3)). The project involves updates and revisions to existing parkin g regulations in the front yard areas of residential districts . It can be seen with certainty that the proposed Municipal Code text amendments will have no significant effect on th e environment . Section 2.Recommendation .The Planning Commission does hereby recommend th e City Council adopt proposed amendments to the Municipal Code and Title 17 (Zonin g Regulations), in Attachments 3 & 4 . PH2-17 Attachment 3 Planning Commission Resolution No . PC-5574-1 2 TA 143-1 1 Page 2 On motion by Commissioner Stevenson, seconded by Commissioner Meyer, and on th e following roll call vote : AYES : Commissioners Stevenson, Meyer, Draze, and Larso n NOES : Commissioners Fowler and Multar i REFRAIN : None ABSENT : Commissioner Singewal d The foregoing resolution was passed and adopted this 25 th day of April, 2012 . Doug Davidson, Secretar y Planning Commission PH2-18 Attachment 4 17 .17 .055 Front Yard Parkin g A . Purpose and Application . 1 The purpose of these regulations is to preserve the residential character of streetscapes in the City's , neighborhoods . The expansion of parking in front yard areas off driveways, interferes with the patter n of building masses and open areas within neighborhoods, creates vehicle clutter, and resultsi n excessive vehicle parking, which has the effect of creating small parking lots in front yard areas whic h are intended to remain as open areas within neighborhoods . 2 .These regulations apply to vehicle parking within the front yard areas as defined in Section 17 .100 .F . and shown in Figure 9, below . No person shall stop, park, or leave standing any vehicle, whether attended, or unattended, unless consistent with the provisions of this section . Fron t yard Friont yard--~Front yard —► 1 Figure9 B . Allowed Front Yard Parking . Vehicles parked in front yard areas of residential lots shall conform to al l of the following requirements : 1.Vehicle parking is permitted on driveways leading to garage parking, or other approved off-stree t parking spaces . 2.Vehicles may only be parked in areas within the driveway width established to serve approve d parking spaces as defined in City Parking and Driveway Standards . Vehicle parking on pavemen t or other surfacing added outside the driveway area does not meet the definition of a drivewa y. (See figure 10, below for examples of allowed front yard parking). Vehicles shall be parked completely 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 is sufficient spac e that no part of the vehicle overhangs the property line or sidewalk . PH2-19 Attachment 4 Figure 10 . Examples of allowed front yard parking for typical two-car garage and side loaded two-ca rgarage. Vehicles are parked in driveway within area leading to approved parking ingarage . C . Prohibited Front Yard Parking . 1 .Vehicles shall not be parked outside the driveway width area leading to garage spaces or othe r approved parking or in any other manner inconsistent with 17 .17 .055 .B . Vehicle parking next t o driveways, whetherpaved or unpaved is prohibited . (see Figure 11 & 12, below). 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 . PH2-20 Attachment 4 3.Parking where vehicles are "straddling" or are partially on the driveway and partially on a n unpaved or paved surface next to the driveway is prohibited (Figure 12, below). 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 would require vehicl e circulation outside the width of the driveway area except as provided in 17 .17 .055 .B .3 .(tande m parking), see Figure 13, below . Figure 13 . Diagonally parked vehicles are illegally parke d D .Single Car Garages and Single Car Parkin q Residential properties which have parking configurations ofasingle car garage or single car surfac e parking similar to figure 14, below, may establish an additional parking pad between the drivewa y PH2-21 Attachment 4 and the nearest interior property line upon approval of a construction permit and conformance wit h the following requirements : 1.The parking pad shall meet minimum parking space dimensions of Parking and Drivewa y Standards to ensure adequate space for vehicle parking on the driveway and adjacent parkin g pad. 2.The parking pad shall meet minimum depth requirements of the Parking and Drivewa y Standards (typically 18 .5 feet) and vehicles may not be parked to overhang the sidewalk o r property line into the public right-of-way .. 3.The parking pad space shall be surfaced with alternative paving to achieve aesthetic an d environmental objectives . Examples of alternative paving surfaces, include, but are not limite d to : interlocking pavers, eco-block, porous AC paving, or cobblestone . Parking pads for single ca r garages and single car parking established prior to the adoption of this section may b e exempted from this requirement . 4 Vehicle circulation . There shall be adequate driveway ramp access such that vehicles ca n access the parking pad location from the public right-of-way without crossing over sidewalk are a or other public improvements outside of the driveway ramp area including transitions . Parking pad location between driveway and nearest interior property line 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 yard area that is not i n conformance with Section 17 .17 .055 .B .: Or, in cases where pavement surfacing has bee n constructed to provide parking in conformance with Section 17 .16 .020 .D .7 (parking in "othe r yards") prior to the adoption of section 17 .17 .055, such parking shall be considered a legal non - conforming use, and may continue . Vehicle parking on pavement or other surfacing added outsid e the 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-conforming use . PH2-22 Attachment s city of san Luis osisp o feI3RUa12y 2012 zonmq nequlation s 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 an d shall 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 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 Cod e 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, provide d 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 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 this code . 78 . Unenclosed Parking Spaces in Other Yards . Unenclosed parking spaces an d parking aisles may be located within other yards .For residential propertie s parking spaces may not be located within the "front yard" area unless consisten t with section 17.17 .055 . 89 . Unenclosed . Tandem Parking Spaces . For single dwellings required parkin g may be approved by the Director to be in tandem where safe and compatible wit h the surrounding neighborhood . pace 33PH2-23 Attachment 5 city of san Luis OBlsp o zoning Regulations ce1312ua12y 201 2 910 . Enclosed and Unenclosed Parking Spaces in Street Yard Prohibited . In no cas emay an enclosed parking space or required parking space from which vehicle s exit directly onto the street be located less than 20 feet from the stree tright-of-way or setback line except as provided in 17 .16 .020E .2 below,or as provided in 17 .17 .055 .D . E . Exception To Yard Requirements .These regulations provide two general types o f exceptions to the yard requirements : first, those which the property is entitled t o because of physical circumstances, and second, those which the City may approv e upon request and subject to certain discretionary criteria . 1 . Exceptions Property May Be Entitled To . a . Street Yards on Corner Lots Recorded Before April 1, 1965 . On corner lots i n the R-1 and R-2 zones, recorded before April 1, 1965, the street yard alon g the lot frontage having the longer dimension shall be not less than 10 feet, a sin Figure 2. Street Yards on Corner Lots Where Each Corner Lot has Its Longer Frontag e Along the Cross Street . In the R-1 and R-2 zones, when each corner lot on a cross street has its longer frontage along the cross street, as in Figure 3, th e street yard along the longest frontage shall be not less than 10 feet . Figure 3 PC PL c.Street Yard Averaging (developed areas). Where these regulations requir e street yards and where buildings have been erected on at least one-half o f the lots in a block as of the effective date of the regulations codified . in thi s section, the minimum required street yard shall be the average of the stree t yards of the developed lots, but in no case less than 10 feet nor more tha n would otherwise be required . d.Reduced Street Yard for New Structure Providing Additional Creek Setback . Where a new structure provides a creek setback larger than required by thi s title, the required street yard shall be reduced one foot for each one foot o f additional creek setback, so long as the street yard is at least one-half tha t required by Table 2 . 2. Discretionary Exceptions . a . Reduced Street Yards . Upon approval of a use permit, or in conjunctio n with tandem parking approval, the director may allow street yards to b e paq€ 34 PH2-24 Attachment 5 city of san lui$oBisp o zoning Rcqul Lions 1E1312uaRy 201 2 17,1 7.040 Visible storage or maintenance . Storage and maintenance to be screened . Parking, storage, stockpiling, or maintenanc eof any of the following items on private property must be screened from any public right - of-way, except as provided in section D, below . Objects and activities will be considered "screened" when they are either 1) not visible from a public right-of-way or 2) behind a solid six-foot-high fence, wall, or hedge where such fence,wall,or hedge is otherwis epermitted by zoning and building codes . A. Furniture and other equipment .Furniture or other equipment, including but no t limited to stuffed couches and chairs, household appliances, sinks, heaters, boilers , tanks, machinery, other household or commercial equipment, or any parts thereof . B . Materials .Building materials, including but not limited to packing boxes, lumber, dir t piles, wood, landscape materials,or debris . C. Recreational vehicles and related devices . 1.Any airplane or other aircraft, or any parts thereof, 2.Special mobile equipment or parts thereof, such as tar wagons, water trailers , and similar devices as defined in section 575 of the Vehicle Code , 3.Boats, trailers, camper shells, recreational vehicles, jet skis or similar devices, o r parts from any of these items, unless exempted in section D7 below . D. Exceptions.The following may be allowed in front yards under the note dcircumstances: 1.Waste haulers and recycling containers may be placed for pickup in accordanc e with Chapter 8 .04 & 17 .17.075 of this code . 2.Portable on demand storage containers (PODS) used for the temporary storag e of personal property owned or rented by the occupants may be allowed for a period not to exceed one week . 3.Building materials, vehicles, equipment, or construction tools may be placed i n yards during construction with a valid building permit . 4.Personal property owned or rented by the occupants may be repaired, washed , cleaned, and serviced, subject to any other relevant regulations, provided tha t vehicles are parked in a driveway and that all work is completed within 72 hours . 5.Storage, repair, and maintenance of vehicles or other equipment may be allowed in commercial or agricultural areas visible from a public right-of-way,where these activities are an integral part of the commercial business and are conducted in accordance with all other limitations on that business . 6.Barbecues and furniture that is designed and intended for outdoor use ma y remain on a porch or in a walled front patio, where the walls are designed i n accordance with fence height regulations . 7.Recreational vehicles and trailers with current licenses may be parked i n driveways consistent with 17 .17 .055 . 17 .17 .050 Front yard paving . No more than 50% of any residential front yard (see definition of "front yard"), not t o exceed 26 feet in width, may be covered by concrete or any other impervious material , including driveways, patio areas, walkways, and other landscape features . Exceptions t o paIE 66 PH2-25 Attachment 5 city of san lu g s oBisp o zonmc aequl.ations ce&12uany 201 2 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) yea r or 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 . 3C. 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 thi s Chapter, "substantially" shall be defined as the absence or deterioration of a require d protective covering exceeding 25% of the exterior surface area, including, but no t limited to, chipping, curling, damaged or missing paint . Exterior surfaces shall includ e gutters, downspouts, trim, doors, window, fences, and walls . 4D . 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 o r 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 th e premises and risk injury by playing with, in, or on it . 6E . Parking lots, driveways, paths or other paved surfaces, except when located in a rea r or 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 weed s over 12" in height . Creek, riparian areas, open space, grassland communities, o r other sensitive habitat and unique resource areas as defined by the General Plan ar e subject to separate regulations . 7G . 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 o f paint, ink, chalk, dye, or other similar substance ; or by carving, etching, or othe r engraving . 8H . 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 ) 17 .17 .080 Prohibited acts . A. Unlawful acts.It is unlawful for any person, firm, or corporation that owns, occupie s or controls property in the City of San Luis Obispo to maintain or fail to maintain suc h page 72 PH2-26 Attachment 5 City of san Luis ornsp o zonrnQ 1eQulatJon s property in violation of Sections 17 .17 .040, 17 .17 .050,17 .17 .055,17.17 .060, o r 17 .17.070, or 17 .17 .075 of this eChapterjor moro than 72hourc . B . Type of offense .Any person who violates Sections 17 .17 .040, 17 .17 .050 , 17 .17 .055,17 .17 .060, 17 .17 .070, er 17 .17 .075 .A, or 17 .17.075 .C-H,of this chapte r 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 . 141 2 – 2002 Series ) 17 .17 .090 Private cause of action . If the owner of any premise fails or neglects to comply with the provisions of this chapter , it shall constitute a public nuisance, pursuant to Section 8 .24 .020(B) of the San Lui s Obispo Municipal Code . Any aggrieved party may, in addition to any other right or remed y he or she may possess either at law or in equity, pursue a private cause of action to abat e a public nuisance, as specified in Section 8 .24 .190 of the San Luis Obispo Municipa l Code . cEBRUaRy 2012 paQe 7T'H2-27 Attachment 5 city of San lids OBISp O zoninc aequtation s Fraternity house (or sorority house)."Fraternity house" (or "sorority house") means residence for college or university students who are members of a social o r educational association which is affiliated and in good standing with Californi a Polytechnic State University and where such an association holds meetings o r gatherings . (Ord . 941 - 1 (part), 1982 : prior code- 9204 .11 (part)) Front Yard .The area of a residential lot that lies between the street property line an d 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 th e building which are parallel or generally face the front property line . Fuel Dealer .A retail trade establishment that, sells fuel oil, butane, propane an d liquefied petroleum gas (LPG), bottled or in bulk, to consumers, as the primary use o f the site . Does not include the sale of these fuels as an accessory use to a servic e station . Furniture/Fixtures Manufacturing, Cabinet Shop .Manufacturers producing : woo d and metal household furniture and appliances ; bedsprings and mattresses ; all types of office furniture and public building furniture and partitions, shelving, lockers an d store furniture ; and miscellaneous drapery hardware, window blinds and shades . Includes wood and cabinet shops, but not sawmills or planing mills, which are instea d included under "Manufacturing - Heavy ." large musical instrument s lawn furniture movable spas and hot tub s office furnitur e other household electrical and ga s appliances outdoor furnitur e refrigerators stove s television s G . Definitions, "G ." General Retail .Stores and shops selling many lines of merchandise . Examples o f these stores and lines of merchandise include : art galleries, retai l artists' supplies auction room s fe1312ua12y 201 2 Furniture, Furnishings and Appliance Store .A store that primarily sells th e following products and related services , services : computers and computer equipmen t draperies floor covering s furniture that may also provide incidental repai r glass and chinaware home appliance s home furnishing s home sound system s interior decorating materials and services florists and houseplant stores (indoor sale s only, outdoor sales are "Building and Landscape Materials Sales") hobby materials page 2 `~n H2 .-28 Attachment 5 10 .36.221 Lost, stolen, or defaced permit replacement . Any permit lost, stolen, defaced or otherwise altered shall be deemed invalid and a replacement permi t shall be issued to the qualified property owner for a fee of fifteen dollars . If the replacement permit i s again lost, stolen, or defaced, a replacement permit will be issued for a fee of twenty-five dollars . N o additional replacement permits shall be issued within a twelve-month period . All permits shall be picke d up by the property owner or a representative authorized in writing by the registered property owner, wit h proof of identification, at the office of the city parking manager . The property owner or a representative authorized in writing by the owner shall certify that the original permit was lost, stolen, or in the case o f damaged permits shall submit the damaged permit, stating the permit shall be used by qualified resident s and their bona fide visitors . Any resident and/or property owner found to misrepresent themselves for the purposes of fraudulentl y obtaining residential parking permits shall lose their right to said permits and no permits will be issued t o the household until the beginning of the next permit year and shall be guilty of an infraction . (Ord . 1454 § 5, 2004 :Ord .1264 § 5, 1994 ) 10 .36 .230 Residential parking permits—Display required . Parking permits issued under Section 10.36 .220 shall be displayed on a vehicle in a manner prescribed by the director of public works . The method of display shall be clearly stated on the rear of the permit . (Ord . 1264 § 6, 1994 : prior code § 3209 .23) 10 .36 .232 Enforcement. Enforcement of the residential parking permit district shall be on a regular and routine basis, and may b e on a complaint basis by residents within the district boundaries . Enforcement personnel shall b e dispatched on an as-available basis as determined by the city parking manager/police department . Al l parking citations issued for noncompliance with the parking permit requirement shall be governed by th e civil proceedings set forth in the California Vehicle Code. (Ord .1412 § 2 (part),2002 :Ord . 1264 § 7 , 1994) ..a e • 10.36 .235 Restricted parking in certain city parking lots . No person shall stop, stand, park or leave standing a motor vehicle in any city parking lot where vehicula r parking has been restricted by a resolution adopted by the council ; provided, that signs specifying th e restrictions, or conditions under which parking is permitted, shall have been posted at all entrances t o PH2-29 Attachment 6 ORDINANCE NO .#### (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 conducted 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 ; an d 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 : 1 . 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 . Z 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 . 3 . 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 . PH2-30 Attachment 6 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). 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 b e 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, provide d 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 PH2-31 Attachment 6 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 . Unenclosed Parking Spaces in Other Yards . Unenclosed parking spaces an d 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 exi t directly onto the street be located less than 20 feet from the street right-of-way or setback line except as provided in 17 .16 .020E2, or as provided in 17 .17 .055 .D . SECTION 4 .Chapter 17 .17 .040 .D .7 . of the City of San Luis Obispo's Municipa l 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 . PH2-32 Attachment 6 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 othe r 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 . PH2-33 Attachment 6 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 tw o 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 prohibited (Figure 12). PH2-34 Attachment 6 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 parke d D . Single Car Garages and Single Car Parkin g 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 line upon approval of a construction permit and conformance with the followin g requirements : 1 . 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 achiev e PH2-35 Attachment 6 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 may 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 definitio n 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 this 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 PH2-36 Attachment 6 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 : The 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 . A n abandoned building means any building or structure which is not occupied, used o r 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 or 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 a required 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 o r PH2-37 Attachment 6 may be unsafe or dangerous to children by reason of their inability to appreciate the 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 th e 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 . 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 line 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 th e PH2-38 Attachment 6 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 final 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 FINALL Y 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 : Christine Dietrick, City Attorney PH2-39 Page intentionally lef t blank .