HomeMy WebLinkAbout03/21/1995, C-4 - TA 175-93: AMENDMENTS TO THE ZONING REGULATIONS TO STRENGTHEN PROPERTY MAINTENANCE PROVISIONS. ����B��Gll�lyll,llll�l U � MEETING DATE
city or san tuts oBispo ITEM NUMBER:
COUNCIL AGENDA REPORT C'
FROM: Arnold Jonas, Community Deve ent Director.
BY: Judith Lautner, Associate Planner
SUBJECT: TA 175-93: Amendments Ftothe zoning regulations to strengthen property
maintenance provisions.
CAO RECONIlVIENDATION
Grant final passage to Ordinance No. 1277 (1995 Series), as introduced on March 7, 1995,
adopting a negative declaration of environmental impact and amending the zoning regulations.
DISCUSSION
The City Council introduced Ordinance 1277 on March 7, 1995. The ordinance amends the
zoning regulations to clarify and expand existing property maintenance regulations and to
improve and simplify enforcement procedures.
The Council amended the recommended ordinance by 1) allowing guests to camp in residents'
driveways for seven days, rather than 72 hours, and clarified that hoses and cords are not
allowed to extend over any access easement; 2) allowing waste haulers, garbage cans, recycling
bins, and barbecues to be visible from the street; 3) clarifying that "materials" refers to
"building materials"; 4) adding a reference to an RV parldng exemption, for clarity; 5) limiting
front-yard paving to 50%, rather than 40% as recommended, and limiting such paving to a width
of 26 feet; and 6) changing fence maintenance provisions to limit enforcement of fence
violations to those fences that are visible from a public right-of-way.
The zoning text amendment will go into effect 30 days after final passage of the ordinance.
ALTERNATIVES
The Council may, by motion, 1) reject the ordinance or 2) continue action, with direction to
staff.
Attached:
Ordinance 1277, as introduced.
ORDINANCE NO. 1277 (1995 SERIES)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO
AMENDING THE ZONING REGULATIONS TEXT TO STRENGTHEN AND EXPAND
EXISTING PROPERTY MAINTENANCE STANDARDS
(TA 175-93)
WHEREAS, the City Council has held a hearing to consider
the zoning text amendment request TA 175-93, adding a new section
and amending various other sections of the Zoning Regulations; and
WHEREAS, the City Council makes the following findings;
Findings•
1. The text amendment is consistent with the General Plan, and
specifically with policies for residential areas in the Land Use
Element.
2. An initial study of environmental impacts was prepared by the
Community Development Department on December 8, 1994, that
describes environmental impacts associated with the text changes.
The Community Development Director, on December 8, 1994, reviewed
the environmental initial study and granted a Negative Declaration
of environmental impact, with mitigation. The initial study
concludes that the project will not have a significant adverse
impact on the environment, and the City Council hereby adopts the
Negative Declaration and finds that the Negative Declaration
reflects the independent judgement of the City Council.
BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Environmental determination. The City
council finds and determines that the project's Negative
Declaration of environmental impact adequately addresses the
potential significant environmental impacts of the proposed zoning
text change, and reflects the independent judgement of the City
Council. The Council hereby adopts said Negative Declaration.
SECTION 2. Chapter 17. 17 is hereby added to the zoning
regulations, to read as shown on Exhibit A, attached.
SECTION 3. Chapter 17.04 is hereby amended to include
the following definitions:
17.04.195 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. (See
Fig. 1; defined for purposes of determining maximum paving
limits. )
Ordinance no. (1995 Series)
TA 175-93: Citywide
Page 2
17.04.245 Impervious surfacei
A surface that is incapable of being penetrated by water.
17.04.325 Recreational vehicle.
Any trailer, camper, motor home or other vehicle designed and
intended for traveling and recreational purposes.
17.04.455 Vehicle.
As defined in Section 10.68.020F.
SECTION 4. Section 17. 08. 010.0 is hereby amended to
include the addition of the following:
4. Recreational vehicle as temporary dwelling.
A recreational vehicle may be parked in a residential parking space
or driveway for periods not to exceed seven days, for the purpose
of housing guests of on-site residents only. Such recreational
vehicle shall not be parked so as to prevent residents of any other
dwellings on the site from using their assigned parking spaces, nor
shall it discharge waste or sewage into the city's sewage system.
No hose, electrical cord, pipe, wire, or other device extending
from the vehicle may be permitted to encroach on any access
easement or sidewalk.
SECTION 5. Chapter 17.16 is hereby amended to include
the following addition:
17.16.015 Recreational vehicle as dwelling unit
No recreational vehicle, camper shell or similar device shall be
used for living or sleeping quarters except in a lawfully operated
mobilehome park, travel trailer park, or campground, except as
provided in M.C. section 17.08. 010.0.4. et seq.
SECTION 6. Section 17.16.020.C.3 is hereby amended to
read:
3. Yards with City-required landscape plans shall be landscaped and
maintained in accordance with approved plans.
SECTION 7. A summary of this ordinance, together with
the names of councilmembers voting for and against, shall be
published once, at least (3) days prior to its final passage, in
the Telegram-Tribune, a newspaper published and circulated in this
city. This ordinance shall go into effect at the expiration of
thirty (30) days after its final passage. L,
Ordinance no. (1995 Series)
TA 175-93 : Citywide
Page 3
INTRODUCED AND PASSED TO PRINT by the Council of the City
of San Luis Obispo at its meeting held on the day of
1995, on motion of , seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
APPROVED:
1j)V A or ,
�r �r�
EXHIBIT A
Chapter 17.17
PROPERTY MAINTENANCE STANDARDS
Sections:
17.17.010 Purpose.
17.17.020 Applicability of other provisions.
17.17.030 General requirements.
17.17.040 visible storage or maintenance.
17.17.050 Front yard paving.
17.17.060 Equipment on roofs.
17.17.070 Fences.
17.17.080 Prohibited acts.
17.17.090 Private cause of action.
17.17.010 Purpose.
The quality of life in this city is tied to the character and
conditions of its neighborhoods. The purpose of these property
maintenance standards is to protect the appearance, integrity and
character of the community.
17.17.020 Applicability of other provisions.
A. Use of property within the city may also be subject to
provisions of this code not contained in this chapter, including,
but not limited to, the following:
Solid waste disposal, Chapter 8.04
Hazardous weeds and debris, Chapter 8.08
Nighttime parking of large vehicles, Section 10.36.150
Parking in yard, Section 10.36.233
Uniform codes (building regulations) , Chapter 15.04
Fire prevention code, Chapter 15.08
Satellite dish antenna, Section 17.16. 110
B. Where provisions of this chapter conflict with provisions of
other applicable laws, including this code, the more restrictive
provision shall prevail.
17.17.030 General requirements.
The provisions of this chapter apply to all zones in the city,
except as otherwise specified.
EXHIBIT A
C-�-s
Property maintenance standards
Page 2
17.17.040 Visible storage or maintenance.
Storage and maintenance to be screened. Parking, storage,.
stockpiling, or maintenance of 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 otherwise
permitted by zoning and building codes.
A. Furniture and other equipment. Furniture or other equipment,
including but not 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, dirt 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, or parts from any of these items, unless
exempted in section D6 below.
D. Exceptions. The following may be allowed in front yards under
the noted circumstances:
1. Waste haulers and recycling containers may be placed for
pickup in accordance with Chapter 8.04 of this code.
2. Building materials, vehicles, equipment, or construction tools
may be placed in yards during construction with a valid building
permit.
3. Personal property owned or rented by the occupants may be
repaired, washed, cleaned, and serviced, subject to any other
relevant regulations, provided that vehicles are parked in a
driveway and that all work is completed within 72 hours.
EXHIBIT A
C"4'b
Property maintenance standards
Page 3
4. 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.
5. Barbecues and furniture that is designed and intended for
outdoor use may remain on a porch or in a walled front patio, where
the walls are designed in accordance with fence height regulations.
6. Recreational vehicles and trailers with current licenses may
be parked in driveways.
17.17.050 Front yard paving.
No more than 50% of any residential front yard (see definition of
"front yard") . not to exceed 26 feet in width, may be covered by
concrete or any other impervious material, including driveways,
patio areas, walkways, and other landscape features. Upon written
request, the Director may allow exceptions to this requirement if
he or she finds that the proposed paving will be compatible with
the neighborhood.
17.17.060 Roofs.
A. No furniture or equipment, including chairs, mattresses,
couches, recreational furniture, or other materials may be placed
on any roof, patio cover, carport, shed top, or similar structure,
except for the following:
B. Exceptions.
1. Roof-top equipment, including antennas, satellite dishes,
masts, poles, heating, ventilation, air conditioning equipment and
similar devices that are designed for roof-top installation, and
were lawfully installed, may remain on the roof as long as they are
properly maintained.
2. Furniture or other equipment may be placed on a roof deck or
other similar place that was lawfully designed and created for such
use.
17.17.070 Fences. All fencing that is visible from a public right-
of-way shall be maintained so that fencing materials and support
are structurally sound, with no missing material.
17.17.080 Prohibited acts
EXHIBIT A
c-� 7
Property maintenance standards
Page 4
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 to maintain such property in
violation of this chapter for more than 72 hours.
B. Type of offense. Any person who violates any provision of
this chapter shall be guilty of an infraction. Violations shall be
punishable as set forth in Chapter 1. 12 of the San Luis Obispo
Municipal Code. Nothing in this chapter shall be deemed or
constituted to prevent the City from commencing any civil
proceeding otherwise authorized by law for the declaration or
abatement of a public nuisance.
17.70.090 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 Luis Obispo Municipal
Code. Any aggrieved party may, in addition to any other right or
remedy he or she may possess either at law or in equity, pursue a
private cause of action to abate a public nuisance, as specified in
Section 8.24.190 of the San Luis Obispo Municipal Code.
EXHIBIT A