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Home My WebLink About03-31-2015 C10 Odor Nuisance - Second Reading Mar. 31, 2015 C10 FROM: Derek Johnson, Community Development Director Prepared By: Greg Hermann, Special Projects Manager SUBJECT: ADOPTION OF AN ORDINANCE TO ADD AN ODOR NUISANCE PROVISION TO THE MUNICIPAL CODE RECOMMENDATION Adopt Ordinance No. 1614 (2015 Series) adding Chapter 8.22 of the San Luis Obispo Municipal Code regarding offensive odors (Attachment 1). DISCUSSION On March 17, 2015, the Council voted 3:2 (Council Members Carpenter and Rivoire voting no) to introduce Ordinance No. 1614 adding Chapter 8.22 of the San Luis Obispo Municipal Code to regulate persistent odors that are offensive to individuals of normal sensitivity, and that emanate across any parcel or property line in a manner that adversely impacts or unreasonably interferes with the use and enjoyment of property. The ordinance reflects the amendments made prior to introduction and is now ready for adoption. The amendment will become effective 30 days after final passage of the Ordinance. ALTERNATIVES 1. The Council could reject adoption of the Municipal Code amendments. This is not recommended because the Council previously took action to approve policy language for odor nuisances, and previously voted to introduce the Ordinance. 2. The Council could continue final adoption of the proposed amendments and provide direction to staff for research and revisions, which would require re-introduction of the ordinance. ATTACHMENTS 1. Ordinance No. 1614 (2015 Series) T:\Council Agenda Reports\2015\2015-03-31\Second Reading - Odor Nuisance (Johnson-Hermann)\ECAR- Second Reading, Odor Ordinance.docx C10-1 THIS PAGE IS INTENTIONALLY LEFT BLANK Attachment 1 ORDINANCE NO._______ (2015 Series) ORDINANCE OF THE CITY OF SAN LUIS OBISPO ADDING CHAPTER 8.22 TO THE SAN LUIS OBISPO MUNICIPAL CODE REGARDING OFFENSIVE ODORS WHEREAS, through its police powers, the City of San Luis Obispo (“City”) is authorized to enact laws to protect the health, safety and welfare of the community; WHEREAS, over the years, the City has received various complaints regarding the presence of offensive odors emanating from private property; WHEREAS, the most recent complaints received by the City relate to offensive odors due to the outdoor cultivation of medical marijuana; WHEREAS, the City Council finds that such odors have the potential to unreasonably interfere with the use and enjoyment of property within the City and otherwise affect the health, safety and welfare of the community; and WHEREAS, by this ordinance, the City Council desires to protect the health, safety and welfare of the community by prohibiting any person or entity within the city from allowing any odors which are offensive to people of normal sensitivity to emanate across property lines. NOW, THERFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1: The City Council hereby adopts the foregoing recitals as its findings in support of the following regulations and further finds that the following regulations are necessary and appropriate to protect the health, safety and welfare of the residents and businesses of San Luis Obispo. SECTION 2: Chapter 8.22, entitled Offensive Odors, is hereby added to Title 8 of the San Luis Obispo Municipal Code as follows: Chapter 8.22 OFFENSIVE ODORS 8.22.010 Purpose. The purpose of this chapter is to define and establish standards for the regulation of persistent odors within the city. The intent of these standards is to ensure that odors emanating from sources or locations within the city do not adversely impact or unreasonably interfere with the use and enjoyment of property. 8.22.020 Prohibited activities declared a public nuisance. A. It is hereby declared to be unlawful and a public nuisance to cause or permit any persistent odors, which are offensive to individuals of normal sensitivity and which adversely impact or unreasonably interfere with the use and enjoyment of property, to emanate across any parcel or property line. B. An odor shall be presumed offensive to individuals of normal sensitivity if the city receives three or more verified complaints of a persistent odor emanating across a property line from C10-2 Attachment 1 individuals representing separate residences or places of business within the city within a one month time span concerning an odor emanating from a single source. Nothing in this section shall be deemed to require three complaints before the city may initiate enforcement action. C. Nothing in this chapter shall be deemed to prohibit the normal operations of any governmental agency or municipal facility operating pursuant to otherwise applicable law or regulatory permit. 8.22.030 Continuing violations. Each day a violation is allowed to continue in violation of this chapter shall constitute a new and separate offense. 8.22.040 Severability. If any part or subsection of this chapter is for any reason held to be invalid, unlawful, or unconstitutional, such invalidity, unlawfulness, or unconstitutionality shall not affect the validity, lawfulness, or constitutionality of any other part of this chapter. SECTION 3. Environmental Determination. This ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(2) – the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment and Section 15060(c)(3) – the activity is not a project as defined in Section 15378 of the CEQA Guidelines, because it has no potential for resulting in physical change to the environment, directly or indirectly. SECTION 4. Effective Dates. A summary of this ordinance, together with the names of Council 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. This ordinance shall go into effect at the expiration of thirty (30) days after its final passage. INTRODUCED on the 17th day of March 2015, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the _____ day of March 2015, on the following vote: AYES: NOES: ABSENT: ____________________________________ Mayor Jan Marx ATTEST: ____________________________________ Anthony Mejia City Clerk APPROVED AS TO FORM: _____________________________________ J. Christine Dietrick City Attorney C10-3 (v5A :� R 3 2 U, THENewspaper of the Central Coast MBUNE 3825 South Higuera • Post Office Box 112 • San Luis Obispo, California 93406 -0112 • (805) 781 -7800 In The Superior Court of The State of California In and for the County of San Luis Obispo AFFIDAVIT OF PUBLICATION AD # 1639192 CITY OF SAN LUIS OBISPO OFFICE OF CITY CLERK STATE OF CALIFORNIA ss. County of San Luis Obispo I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen and not interested in the above entitled matter; I am now, and at all times embraced in the publication herein mentioned was, the principal clerk of the printers and publishers of THE TRIBUNE, a newspaper of general Circulation, printed and published daily at the City of San Luis Obispo in the above named county and state; that notice at which the annexed clippings is a true copy, was published in the above -named newspaper and not in any supplement thereof — on the following dates to wit; MARCH 26, 2015 that said newspaper was duly and regularly ascertained and established a newspaper of general circulation by Decree entered in the Superior Court of San Luis Obispo County, State of California, on June 9, 1952, Case #19139 under the Government Code of the State of California. I certify (or declare) under the penalty of perjury that the foregoing is true and correecct..f . KJ V V I r, �7_._.._..- _.._-..,.z,,..„.. (Signatu of Principal Clerk) DATED: MARCH 26, 2015 AD COST: $145.00 ORDINANCE NO. 1614 (2015 Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, ADDING CHAPTER 8.22 TO THE SAN LUIS OBISPO MUNICIPAL REGARDING OFFENSIVE ODORS NOTICE IS HEREBY GIVEN that the City Council of the City of San Luis Obispo, Call - fornla, at its Regular Meeting of March 17, 2015, introduced the above titled odlnance upon a motion by Vice Mayor Ashbaugh, second by Council Member Christianson, and on the following roll call vote: Council Member Christianson, Vice Ashbaugh and Mayor Manx Council Members Carpenter and Qrdinance,No,, 161. d'.(?,Q15 Series) -This a Clty 04nance adding Municlpal Cor Chapters 8.22 to regulate persistent odc that are offensive to individuals of norrr sonslllvity, and that adversely impact or u reasonably interfere with the use and enjc ment of property to emanate across ai parcel or property line. full and complete copy of the alorarnan nod Ordinance is avallable for Inspection d copy in the City Clerk's Office, located 990 Palm Street, San Luis Obispo, Call - nea, or you may call (805) 781 -7100 for are information. NOTICE IS HEREBY FURTHER GIVEN that the City Councl1 of the City of San Luis Obispo wlII consider adopting Iha aforomen- Ilonad Ordinance at its Regular Meeting of March 31, 2015 at 8:00 p.m., which will be held In the Council Chamber, located at 990 Palm Street, San Luis Obispo, Califor- nia. ony J. McJia Clerk h 26, 2015