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HomeMy WebLinkAbout09-01-2015 Item 6 - Appeal 598 Princeton Place Meeting Date: 9/1/2015 FROM: Derek Johnson, Community Development Prepared By: Anne Schneider, Chief Building Official SUBJECT: APPEAL OF THE PLANNING COMMISSION'S DECISION TO DENY AN APPEAL FILED BY THE PROPERTY OWNER FOR USE OF PARKING IN THE FRONT YARD AT 598 PRINCETON PLACE RECOMMENDATION Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis Obispo, California, denying an appeal of the Planning Commission’s decision to deny an appeal filed by the property owner for use of vehicle parking in the front yard.” SITE DATA Appellant Katherine Aaron and Joseph Gambucci, Resident Zoning R-1, Low-Density Residential Submittal Date May 22, 2015 General Plan Low-Density Residential Site Area ~18,060 Square feet Environmental Status Categorically exempt under Section 15321, Enforcement Actions by Regulatory Agencies REPORT-IN-BRIEF In many areas of the City, neighborhoods have been negatively impacted by illegal vehicle parking in front yard areas. Addressing front yard parking violations is one of the focus areas for the Neighborhood Services Division which undertakes proactive outreach and enforcement efforts. The property at 598 Princeton Place received a citation for illegal front yard parking due 6 Packet Pg. 40 to a boat that was parked outside of the driveway area. The property owner appealed the citation to the Director who denied the appeal and upheld the citation on December 14, 2014. The property owner appealed the Directors decision to the Planning Commission which denied the appeal and upheld the violation on May 13, 2015. The property owner appealed the Planning Commission decision on May 22, 2015 claiming that the parking area in question is a legal non- conforming driveway. 1.0 BACKGROUND On May 11, 2014, City Staff received a complaint regarding parking in the front yard and inspected the property at 598 Princeton Place (the “Property”) and noted that a boat was parked in the front yard outside of the driveway, in violation of San Luis Obispo Municipal Code Section 17.17.055 entitled, Front Yard Parking. After verifying the violation, a Notice to Correct was issued to the property owner to voluntarily correct the code violation by May 22, 2014. The property owner appealed the Notice to Correct to the Community Development Department. The Notice of Director’s Decision was sent on June 19, 2014, denying the appeal and upholding the Notice to Correct, citing that the City’s parking regulations set forth in Section 17.17.055 are intended to preserve the residential character of streetscapes in the City’s neighborhoods. Vehicle parking is permitted on driveways leading to garage parking, or other approved off-street parking spaces. A Notice to Correct does not levy a fine; rather its purpose is to provide the property owner with a reasonable timeframe to correct violations. The timeframe is typically 10 days and can be shortened or extended based on the complexity of the issue. On December 4, 2014, an inspection was conducted to determine compliance with the Director’s decision. A citation was issued to 598 Princeton Place for the violation of parking a vehicle (boat) in the front yard, for a fine of $50. The property owner hand-delivered a second appeal to the Community Development Department stating the same grounds appealing the Notice to Correct. A notice of the second Director’s decision was sent on December 15, 2014 denying the appeal and upholding the citation. The notice of the Director’s decision restated the same findings found for the previous notice of the Director’s decision on June 19, 2014. That decision also stated that there are no permits on file for 598 Princeton Place, which address ed the paved area next to the driveway. The property owner was given an extended compliance deadline and appeal period for this citation due to holiday closures during the standard ten day appeal period. The property owner hand-delivered a third appeal to the Community Development Department on January 9, 2015. The appellant’s letter (Attachment 10) refutes the applicability of violation 17.17.055 Front Yard Parking to the property at 598 Princeton Place stating that the vehicle parking on the side of the driveway conforms to SLOMC 17.17.55 E Legal Non-conforming Front Yard Parking in that the pavement for the surface parking has been constructed in conformance with Section 17.16.020 D.7 Parking in the Other yards, prior to the adoption of section 17.17.055, and that such parking shall be considered a legal non-conforming use, and may continue. The appellant’s letter also address the comment made in the Director’s Decision 6 Packet Pg. 41 which states; “There are no permits on file for 598 Princeton, which address the paved area next to the driveway.” The appeal letter states that at the time of construction, a permit was not required to modify the front parking area at 598 Princeton Place. 1.1 Previous Planning Commission Review The Planning Commission reviewed the appeal on May 13, 2015 (Attachment 11) and voted in support of staff’s recommendation to deny the appeal and uphold the citation on a 4:3 vote. Commissioner’s that did not support the appeal felt that there were solutions on the property that would allow the boat to be legally parked in accordance with the current Municipal Code. Furthermore, it was noted that supporting the appeal would set a precedent that could undermine the enforceability of the code elsewhere in the City. Commissioners that supported the appeal felt that the parking space was established prior to adoption of the code and should be “grandfathered in”. (Attachment 13, 5-13-15 PC minutes). ANALYSIS OF CITY’S PARKING STANDARDS On September 7, 2010, City Council directed staff to prepare code amendments to help clarify front yard parking and to alleviate nuisances regarding excessive parking of cars and recreational vehicles in the front yard1. The City Council approved the Planning Commission’s recommendation amending the front yard parking regulations, MC 17.17.055 on May 15, 2012. The intent of the ordinance is to preserve residential character and to minimize negative impacts to neighborhoods due to excessive vehicle parking in front yard areas. In many circumstances, vehicles were parked on lawns, or additional paving was added in the front yard to accommodate excessive parking or storage of recreational vehicles. In summary, the revised ordinance 1 MC 17.17.055 Front Yard Parking “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 pattern of building masses and open areas within neighborhoods, creates vehicle clutter, and results in excessive vehicle parking, which has the effect of creating small parking lots in front yard areas which are intended to remain as open areas within neighborhoods.” 6 Packet Pg. 42 specifies that vehicles are only allowed to be parked on driveways that lead to approved parking spaces and may not overhang the sidewalk, landscape areas, or other unpaved surfaces. The ordinance works to clearly specify where vehicles may be parked in the front yard to avoid vehicle clutter while maintaining safety and visibility. 3.0 EVALUATION OF APPEAL The following details the appeal of the PC’s decision to deny the appeal and provides staff’s response to the reasons for the appeal. 3.1 Appeal (Gambucci): On May 22, 2015, Joseph Gambucci filed an appeal of the PC’s decision to deny the appeal and uphold the citation. The appeal letter expressed similar concerns as the previous appeal letters, including concerns regarding conformity to sections 17.17.055 B.1, E, and 17.16.020 D.8 as discussed at the Planning Commission on May 13, 2015. Because a permit may have not been required during the construction of the paved area no approval of the use of the paved area would be on file. The letter also states that the driveway was constructed prior to the adoption of Section 17.17.055, retroactively making it a crime to use the driveway as it had been used for the last 20 years and that because a permit may have not been required during the construction of the paved area no approval of the use of the paved area would be on file. Staff Response: The appellant’s letter quotes Section 17.17.055.B.1 “vehicle parking is permitted on driveways leading to approved off- street parking.” The full text of that section is as follows: Section 17.17.055.B.1 Allowed Front Yard Parking: “Vehicle parking is permitted on driveways leading to garage parking, or other approved off-street parking spaces.” The paved surface in question does not lead to garage parking or an approved off-street parking space. Section 17.17.055.B.2 reiterates that vehicles are only allowed to be parked within the driveway width as established in the City’s Parking and Driveway Standards. Section 17.17.055.B.2 Allowed Front Yard Parking: Vehicles may only be parked in areas within the driveway width established to serve approved parking spaces as defined in City Parking and Driveway Standards. Vehicle parking on pavement or other surfacing added outside the driveway area does not meet the definition of a driveway. Section 17.17.055.E2 allows the flexibility for permitted parking spaces out of 2 Section 17.17.055.E Legal Non-conforming Front Yard Parking: In cases where permits have been granted prior to allow parking in the front yard area that is not in conformance with Section 17.17.055.B.; Or, in cases where 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 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 outside the driveway area to access 6 Packet Pg. 43 conformance with this section to be established as legal non-conforming, or when parking spaces were designed in conformance with Section 17.16.020.D.73 prior to the adoption of section 17.17.055, may also be established as legal non-conforming. At the time of construction a building permit may not have been required for the installation of the paved surface at 598 Princeton Place. However, even if a permit was not required for the paved surface, no approval has been granted to use the paved area as a parking space and therefore cannot be established as legal non-conforming. Simply paving a surface and parking on it for an extended period of time does not constitute something that achieves legal non-conforming status. Another example would be the City’s trash can regulations – just because a resident could have trash cans viewable from the right of way doesn’t mean that the resident has a continuing right to place them there. Where a resident places his or her trash cans or, in this instance, where someone can park is a legitimate exercise of the City’s police power as confirmed in Disney v. City of Concord, 194 Cal.App.4th 1410 (2011).4 The appellant’s appeal quoted Section 17.16.020.D.85 Unenclosed Parking Spaces in Other Yards, which does not apply to this review since the boat is located in the front yard and inconsistent with Section 17.17.055. The Zoning Regulations Section 17.100.F define the “Front yard” as the area of a residential lot that lies between the street property line and the walls of any residences that face the street, extending across the full width of the site. The appeal letter states that the vehicle parking space outside the driveway was allowed prior to the adoption of the Front Yard Parking Standards. Front yard parking regulations existed prior to the adoption of the Front Yard Parking standards 17.17.055. The ordinance was designed to clarify and effectively communicate existing standards (Ord 1579, 2012). Parking in the paved area outside the driveway at this location would have been out of compliance with City codes and regulations prior to the adoption of Section 17.17.055, and would have been subject to a violation at any time the vehicle (boat) was parked outside of the driveway area. The dimension of a parking space, established prior to 1977 was 9 feet by 18 feet. 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. 3 Section 17.16.020.D.7 Vehicle Parking: Vehicle parking in front yard areas of residential properties shall 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 or upon any unpaved surface as defined in Sections 12.38.040 and 17.16.020 of this code. 4 In that case, with a few exceptions, the City of Concord prohibited parking recreational vehicles in the fron t yard. The Court held that the ordinance was a valid exercise of the City’s police power to regulate community aesthetics. 5 17.16.020 D.* What May Occupy Yards. Unenclosed Parking Spaces in Other Yards. Unenclosed parking spaces and parking aisles may be located within other yards. For residential properties parking spaces may not be located within the “front yard” area unless consistent with Section 17.17.055. 6 Packet Pg. 44 Parking and Driveway Standards define a driveway as the same width of the curb opening and must be within the width limitation noted on Engineering Standard #21206. Due to the triangular configuration of the paved surface outside the driveway area, it does not meet the dimensions of a parking space or meet the definition of a driveway. Parking and Driveway Regulations Section 9200.16 of the Zoning Regulations from 1979 states; Section 9200.16.1.A.2.c Location and Number of Spaces for Parking Lots: No portion of any parking space or aisle, except driveways for ingress and egress, shall be permitted in a required street-yard area. Using the paved area as a parking space is out of compliance with Section 17.17.055 and Section 17.16.020. The parking of a vehicle at the subject location is not approved or designed for vehicle use, and does not qualify for non-conforming parking because the paved area has not been approved from a previous review and does not meet the definition of a driveway. 4.0 CONCLUSION Parking a vehicle outside the driveway at 598 Princeton cannot be considered legal non- conforming because there is no record of any previous approval to park a vehicle at this location and, in any case, the paved surface was not designed to meet the dimensions of a vehicle parking space. The use of the paved area as a parking space would have been a violation of City codes and regulations prior to the adoption of Section 17.17.055 Front Yard Parking. There are five legal parking spaces available on site at 598 Princeton Place that the boat could be relocated to as identified at the Planning Commission hearing: two spaces in the garage, two spaces in the driveway leading to the garage, one space available in the other yard on the side of the residence. Approval of the appeal would set precedent for failing to enforce code for vehicle parking in the front yard, and would be out of compliance with the intent of the adoption of Ordinance 1579, 2012 Series, in preserving the residential character of neighborhoods and reducing vehicle clutter. 5.0 FISCAL IMPACT There is no fiscal impact associated with the determination of this review. 6.0 ALTERNATIVES 1. Grant the appeal based on different or modified finding. This is not recommended as the parking is clearly not allowed under the City’s ordinance. The effect of interpreting the ordinance as the appellant has argued would strip the intent of only allowing parking of vehicles on paved surfaces that were permitted and do meet the definitions of a parking space. 6 Driveway Ramp; Size and Location. The driveway width is established as the area between the driveway approach wings. Lots with six or fewer spaces serving residential uses require a minimum width of 10’ and a maximum width of 16’. 6 Packet Pg. 45 2. Continue action and request that staff and/or the appellant provide more information. Attachments: a - Resolution b - Vicinity Map c - Site Photos d - Notice to Correct (May 12, 2014) e - Appeal (May 22, 2014) f - Directors Decision (June 19, 2014) g - Citation (December 4, 2014) h - Appeal (December 11, 2014) i - Director's Decision (December 15, 2014) j - Appeal (January 9, 2015) k - PC Report with Attachments (May 13, 2015) l - PC Appeal - (May 22, 2015) 6 Packet Pg. 46 R ______ RESOLUTION NO. ______(2015 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, DENYING AN APPEAL OF THE PLANNING COMMISSION’S DECISION TO DENY AN APPEAL FILED BY THE PROPERTY OWNER FOR USE OF VEHICLE PARKING IN THE FRONT YARD WHEREAS, a citation was issued on December 4, 2014 for parking a vehicle in the front yard outside of the driveway; and WHEREAS, an appeal to the citation was hand delivered to the Community Development Department on December 11, 2014; and WHEREAS, a notice of the Director’s decision was sent to the property owner on December 15, 2014 that denied the appeal and upheld the violation; and WHEREAS, an appeal to the Director’s decision was hand delivered to the Community Development Department on January 9, 2015; and WHEREAS, the Planning Commission’s Decision denied the appeal and upheld the violation on May 13, 2015; and WHEREAS, an appeal to the Planning Commission’s Decision was received by the City Clerk’s office on May 22, 2015; and WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing the council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on September 1, 2015, pursuant to a proceeding instituted under Katherine Aaron and Joseph Gambucci, appellants; and WHEREAS, the City Council has duly considered all evidence, including the testimony of the applicant, interested parties, and the evaluation and recommendations by staff, presented at said hearing. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. Based upon all the evidence, the Council makes the following findings: 1. The expansion of parking in front yard areas off driveways, interferes with the pattern of building masses and open areas within neighborhoods, creates vehicle clutter, and results in excessive vehicle parking, which has the effect of creating small parking lots in front yard areas which are intended to remain as open areas within neighborhoods. 2. The use of the vehicle parking in the front yard does not comply with the City’s Municipal 6.a Packet Pg. 47 At t a c h m e n t : a - R e s o l u t i o n ( 1 0 8 1 : P r i n c e t o n F r o n t Y a r d P a r k i n g ) Resolution No. _____ (2015 Series) Page 2 R ______ Code, Section 17.16.020. This section states that the use of vehicle parking in the street yard is prohibited that does not comply with Section 17.17.055. 3. The use of vehicle parking in the front yard does not qualify as legal non-conforming under the City’s Municipal Code, Section 17.17.055.E, because there are no permits on record that recognize a parking space at this location, and the paved area on the side of the driveway does not meet the parking space requirements. 4. Front yard vehicle parking is only allowed within the driveway width established by the Parking and Driveway Standards. The paved area outside the driveway does not meet the definition of a driveway and is out of compliance with the Parking Driveway Standards. SECTION 2. Environmental Review. This action is categorically exempt pursuant to Section 15321 of the CEQA Guidelines, Enforcement Actions by Regulatory Agencies. SECTION 3. Action. The City Council does hereby deny the subject appeal filed by the property owner. Upon motion of _______________________, seconded by _______________________, and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this _____ day of _____________________ 2015. ____________________________________ Mayor Jan Marx ATTEST: ____________________________________ Anthony Mejia City Clerk APPROVED AS TO FORM: _____________________________________ J. Christine Dietrick City Attorney 6.a Packet Pg. 48 At t a c h m e n t : a - R e s o l u t i o n ( 1 0 8 1 : P r i n c e t o n F r o n t Y a r d P a r k i n g ) Resolution No. _____ (2015 Series) Page 3 R ______ IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, this ______ day of ______________, _________. ______________________________ Anthony J. Mejia City Clerk 6.a Packet Pg. 49 At t a c h m e n t : a - R e s o l u t i o n ( 1 0 8 1 : P r i n c e t o n F r o n t Y a r d P a r k i n g ) 6.b Packet Pg. 50 At t a c h m e n t : b - V i c i n i t y M a p ( 1 0 8 1 : P r i n c e t o n F r o n t Y a r d P a r k i n g ) 6.c Packet Pg. 51 At t a c h m e n t : c - S i t e P h o t o s ( 1 0 8 1 : P r i n c e t o n F r o n t Y a r d P a r k i n g ) 6.d Packet Pg. 52 At t a c h m e n t : d - N o t i c e t o C o r r e c t ( M a y 1 2 , 2 0 1 4 ) ( 1 0 8 1 : P r i n c e t o n F r o n t Y a r d P a r k i n g ) 6.d Packet Pg. 53 At t a c h m e n t : d - N o t i c e t o C o r r e c t ( M a y 1 2 , 2 0 1 4 ) ( 1 0 8 1 : P r i n c e t o n F r o n t Y a r d P a r k i n g ) 6.e Packet Pg. 54 At t a c h m e n t : e - A p p e a l ( M a y 2 2 , 2 0 1 4 ) ( 1 0 8 1 : P r i n c e t o n F r o n t Y a r d P a r k i n g ) 6.e Packet Pg. 55 At t a c h m e n t : e - A p p e a l ( M a y 2 2 , 2 0 1 4 ) ( 1 0 8 1 : P r i n c e t o n F r o n t Y a r d P a r k i n g ) 6.e Packet Pg. 56 At t a c h m e n t : e - A p p e a l ( M a y 2 2 , 2 0 1 4 ) ( 1 0 8 1 : P r i n c e t o n F r o n t Y a r d P a r k i n g ) 6.e Packet Pg. 57 At t a c h m e n t : e - A p p e a l ( M a y 2 2 , 2 0 1 4 ) ( 1 0 8 1 : P r i n c e t o n F r o n t Y a r d P a r k i n g ) 6.e Packet Pg. 58 At t a c h m e n t : e - A p p e a l ( M a y 2 2 , 2 0 1 4 ) ( 1 0 8 1 : P r i n c e t o n F r o n t Y a r d P a r k i n g ) 6.e Packet Pg. 59 At t a c h m e n t : e - A p p e a l ( M a y 2 2 , 2 0 1 4 ) ( 1 0 8 1 : P r i n c e t o n F r o n t Y a r d P a r k i n g ) 6.e Packet Pg. 60 At t a c h m e n t : e - A p p e a l ( M a y 2 2 , 2 0 1 4 ) ( 1 0 8 1 : P r i n c e t o n F r o n t Y a r d P a r k i n g ) 6.e Packet Pg. 61 At t a c h m e n t : e - A p p e a l ( M a y 2 2 , 2 0 1 4 ) ( 1 0 8 1 : P r i n c e t o n F r o n t Y a r d P a r k i n g ) 6.e Packet Pg. 62 At t a c h m e n t : e - A p p e a l ( M a y 2 2 , 2 0 1 4 ) ( 1 0 8 1 : P r i n c e t o n F r o n t Y a r d P a r k i n g ) 6.e Packet Pg. 63 At t a c h m e n t : e - A p p e a l ( M a y 2 2 , 2 0 1 4 ) ( 1 0 8 1 : P r i n c e t o n F r o n t Y a r d P a r k i n g ) 6.e Packet Pg. 64 At t a c h m e n t : e - A p p e a l ( M a y 2 2 , 2 0 1 4 ) ( 1 0 8 1 : P r i n c e t o n F r o n t Y a r d P a r k i n g ) 6.e Packet Pg. 65 At t a c h m e n t : e - A p p e a l ( M a y 2 2 , 2 0 1 4 ) ( 1 0 8 1 : P r i n c e t o n F r o n t Y a r d P a r k i n g ) 6.f Packet Pg. 66 At t a c h m e n t : f - D i r e c t o r s D e c i s i o n ( J u n e 1 9 , 2 0 1 4 ) ( 1 0 8 1 : P r i n c e t o n F r o n t Y a r d P a r k i n g ) 6.f Packet Pg. 67 At t a c h m e n t : f - D i r e c t o r s D e c i s i o n ( J u n e 1 9 , 2 0 1 4 ) ( 1 0 8 1 : P r i n c e t o n F r o n t Y a r d P a r k i n g ) 6.g Packet Pg. 68 At t a c h m e n t : g - C i t a t i o n ( D e c e m b e r 4 , 2 0 1 4 ) ( 1 0 8 1 : P r i n c e t o n F r o n t Y a r d P a r k i n g ) 6.h Packet Pg. 69 At t a c h m e n t : h - A p p e a l ( D e c e m b e r 1 1 , 2 0 1 4 ) ( 1 0 8 1 : P r i n c e t o n F r o n t Y a r d P a r k i n g ) 6.h Packet Pg. 70 At t a c h m e n t : h - A p p e a l ( D e c e m b e r 1 1 , 2 0 1 4 ) ( 1 0 8 1 : P r i n c e t o n F r o n t Y a r d P a r k i n g ) 6.h Packet Pg. 71 At t a c h m e n t : h - A p p e a l ( D e c e m b e r 1 1 , 2 0 1 4 ) ( 1 0 8 1 : P r i n c e t o n F r o n t Y a r d P a r k i n g ) 6.h Packet Pg. 72 At t a c h m e n t : h - A p p e a l ( D e c e m b e r 1 1 , 2 0 1 4 ) ( 1 0 8 1 : P r i n c e t o n F r o n t Y a r d P a r k i n g ) 6.i Packet Pg. 73 At t a c h m e n t : i - D i r e c t o r ' s D e c i s i o n ( D e c e m b e r 1 5 , 2 0 1 4 ) ( 1 0 8 1 : P r i n c e t o n F r o n t Y a r d P a r k i n g ) 6.i Packet Pg. 74 At t a c h m e n t : i - D i r e c t o r ' s D e c i s i o n ( D e c e m b e r 1 5 , 2 0 1 4 ) ( 1 0 8 1 : P r i n c e t o n F r o n t Y a r d P a r k i n g ) 6.j Packet Pg. 75 At t a c h m e n t : j - A p p e a l ( J a n u a r y 9 , 2 0 1 5 ) ( 1 0 8 1 : P r i n c e t o n F r o n t Y a r d P a r k i n g ) 6.j Packet Pg. 76 At t a c h m e n t : j - A p p e a l ( J a n u a r y 9 , 2 0 1 5 ) ( 1 0 8 1 : P r i n c e t o n F r o n t Y a r d P a r k i n g ) 6.j Packet Pg. 77 At t a c h m e n t : j - A p p e a l ( J a n u a r y 9 , 2 0 1 5 ) ( 1 0 8 1 : P r i n c e t o n F r o n t Y a r d P a r k i n g ) Meeting Date: May 13, 2015 Item Number: 1 2X PLANNING COMMISSION AGENDA REPORT SUBJECT: Appeal of the Director’s Decision to deny the use of parking in the front yard. PROJECT ADDRESS: 598 Princeton Place BY: Kyle Bell, Assistant Planner Phone Number: 781-7524 e-mail: kbell@slocity.org FILE NUMBER: APPL-0978-2015 FROM: Doug Davidson, Deputy Director RECOMMENDATION: Adopt the Draft Resolution (Attachment 1) denying the appeal and supporting the Director’s decision to uphold the citation. SITE DATA Appellant Katherine Aaron and Joseph Gambucci, Resident Zoning R-1, Low-Density Residential Submittal Date January 9, 2015 General Plan Low-Density Residential Site Area ~18,060 Square feet Environmental Status Categorically exempt under Section 15270, projects which a public agency rejects or disapproves. SUMMARY City staff received a complaint regarding a vehicle (boat) parked within the front yard at 598 Princeton Place. An inspection of the property was conducted, and Code Enforcement staff documented the code violations. The property owner received a Notice to Correct Violations for parking vehicles in the front yard outside the driveway. The enforcement action regarding the vehicle parking was appealed by Katherine Aaron and Joseph Gambucci the property owner and resident of 598 Princeton Place. 1.0 COMMISSION’S PURVIEW The Planning Commission’s role is to determine if parking a vehicle (boat) in the front yard outside the driveway is consistent with the Zoning Regulations. PC1 - 1 6.k Packet Pg. 78 At t a c h m e n t : k - P C R e p o r t w i t h A t t a c h m e n t s ( M a y 1 3 , 2 0 1 5 ) ( 1 0 8 1 : P r i n c e t o n F r o n t Y a r d P a r k i n g ) APPL-0978-2015 598 Princeton Place Page 2 2.0 PROJECT INFORMATION 2.1 Site Information/Setting The subject property is located at the end of the cul-de-sac on Princeton Place off of Highland Drive west of Highway 1 in San Luis Obispo. The immediate neighborhood consists of single- family homes in close proximity to the Mission-Nativity Pre School to the west of the subject property. According to the San Luis Obispo County Assessor’s Office, the three bedroom residence was constructed on the subject property in 1958. Please see Attachment 2 for a Vicinity Map. Site Size ~18,060 SF Present Use & Development Single-family residence Access Princeton Place Surrounding Use/Zoning North: R-1 (Single-family residences) South: R-1 (Single-family residences) East: R-1 (Single-family residences) West: R-1 (Single-family residences) 2.2 Background May 11, 2014 Staff received a complaint regarding parking in the front yard and inspected the property at 598 Princeton Place and noted that a boat was parked in the front yard outside of the driveway, which violated San Luis Obispo Municipal Code Section 17.17.055 Front Yard Parking. May 12, 2014 A notice to correct was sent to the owner of 598 Princeton Place on May 12, 2014 to voluntarily correct the code violation by May 22, 2014. May 22, 2014 Property owner hand - delivered the appeal to the Community Development Department. The appeal stated that the driveway was constructed between 1990 and 1991, 19 years prior to the adoption of Section 17.17.055. The appeal stated that the space used to park the vehicle (boat) is a legal nonconforming front yard parking space under Section 17.17.055 E. June 19, 2014 A notice of the Director’s decision was sent to the property owner that denied the appeal and upheld the notice to correct. The notice of Director’s decision stated that the regulations in Section 17.17.055 are intended to preserve the residential character of streetscapes in the City’s neighborhoods. Vehicle parking is permitted on driveways leading to garage parking, or other approved off-street parking spaces, vehicles may not be parked on pavement or other surfacing which has been added outside the driveway area and within the street yard as defined by SLOMC 17.16.020. “Legal non-conforming front yard parking” only applies in cases where permits were previously granted to allow parking in the front yard area per SLOMC 17.17.055 E. PC1 - 2 6.k Packet Pg. 79 At t a c h m e n t : k - P C R e p o r t w i t h A t t a c h m e n t s ( M a y 1 3 , 2 0 1 5 ) ( 1 0 8 1 : P r i n c e t o n F r o n t Y a r d P a r k i n g ) APPL-0978-2015 598 Princeton Place Page 3 December 4, 2014 On December 4, 2014, an inspection was conducted to determine compliance with the Directors decision. During the inspection a citation was issued to 598 Princeton Place for parking a vehicle (boat) in the front yard for a fine of $50. December 11, 2014 Property owner hand - delivered the appeal to the Community Development Department. The appeal stated the same description of the first appeal on May 22, 2014. December 15, 2014 A notice of the Director’s decision was sent that denied the appeal and upheld the citation. The notice of the Director’s decision restated the same findings found for the notice of the Director’s decision on June 19, 2014, that also stated that there are no permits on file for 598 Princeton Place, which address the paved area next to the driveway. January 9, 2015 Property owner hand - delivered the appeal to the Community Development Department. The appeal is described in Section 2.3 below. 2.3 Appeal The appellant’s letter (Attachment 10) refutes the applicability of violation 17.17.055 Front Yard Parking to the property at 598 Princeton Place stating that the vehicle parking on the side of the driveway conforms to SLOMC 17.17.55 E Legal Non-conforming Front Yard Parking in that the pavement for the surface parking has been constructed in conformance with Section 17.16.020 D.7 Parking in the Other yards, prior to the adoption of section 17.17.055, and that such parking shall be considered a legal non-conforming use, and may continue. The appellant’s letter also address the comment made in the Director’s Decision which stated; “There are no permits on file for 598 Princeton, which address the paved area next to the driveway.” The appeal letter states that at the time of construction, a permit was not required to modify the front parking area at 598 Princeton Place, and that the denial of the appeal to continue to park in the driveway has created an “ex post facto” violation of the law. 3.0 APPEAL EVALUATION 3.1 Consistency with Zoning Regulations The appellant’s use of the parking space for the boat at 598 Princeton Place is inconsistent with the City’s Municipal Code. Section 17.17.055.E (Front Yard Parking) of the Municipal Code states the following: Section 17.17.055.E Legal Non-conforming Front Yard Parking: In cases where permits have been granted prior to allow parking in the front yard area that is not in conformance with Section 17.17.055.B.; Or, in cases where 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 section 17.17.055, such parking shall be considered a legal non-conforming use, PC1 - 3 6.k Packet Pg. 80 At t a c h m e n t : k - P C R e p o r t w i t h A t t a c h m e n t s ( M a y 1 3 , 2 0 1 5 ) ( 1 0 8 1 : P r i n c e t o n F r o n t Y a r d P a r k i n g ) APPL-0978-2015 598 Princeton Place Page 4 and may continue. Vehicle parking on pavement or other surfacing added outside 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. Section 17.17.055.E allows the flexibility for permitted parking spaces out of conformance with this section to be established as legal non-conforming, or when parking spaces were designed in conformance with Section 17.16.020.D.7 prior to the adoption of section 17.17.055, may also be established as legal non-conforming. The property at 598 Princeton Place does not have any building permits on record to establish the pavement surface as a parking space. The expansion of the driveway is inconsistent with the Section 17.16.020.D.7 which states: Section 17.16.020.D.7 Vehicle Parking: Vehicle parking in front yard areas of residential properties shall 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 or upon any unpaved surface as defined in Sections 12.38.040 and 17.16.020 of this code. As stated in Section 17.17.055.E “Vehicle parking on pavement or other surfacing added outside the driveway area to access such parking in “other yards” does not meet the definition of a driveway... and shall not be deemed a non-conforming use.” The paved surface does not meet the definition of a driveway, and does not meet the parking dimensions of a parking space established prior to 1977 as 9 feet by 18 feet. Parking and Driveway Regulations Section 9200.16 of the Zoning Regulations from 1979 states; Section 9200.16.1.A.2.c Location and Number of Spaces for Parking Lots: No portion of any parking space or aisle, except driveways for ingress and egress, shall be permitted in a required street-yard area. Section 17.17.055.B.2 reiterates that vehicles are only allowed to be parked within the driveway width as established in the City’s Parking and Driveway Standards. Section 17.17.055.B.2 Allowed Front Yard Parking: Vehicles may only be parked in areas within the driveway width established to serve approved parking spaces as defined in City Parking and Driveway Standards. Vehicle parking on pavement or other surfacing added outside the driveway area does not meet the definition of a driveway. (See figure 9.7b, 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. Parking and Driveway Standards define a driveway as the same width of the curb opening and must be within the width limitation noted on Engineering Standard #2120. 4.0 CONCLUSION The use of the vehicle parking space on the side of the driveway is out of compliance with Section 17.17.055 and section 17.16.020 because the paved area that is being used for parking was not permitted or designed for a vehicle to be parked on, and does not qualify for non-conforming PC1 - 4 6.k Packet Pg. 81 At t a c h m e n t : k - P C R e p o r t w i t h A t t a c h m e n t s ( M a y 1 3 , 2 0 1 5 ) ( 1 0 8 1 : P r i n c e t o n F r o n t Y a r d P a r k i n g ) APPL-0978-2015 598 Princeton Place Page 5 parking because the paved area does not meet the definition of a driveway. These regulations have been consistent since the Zoning Regulations of 1979 that prohibits parking within the street yard except for driveways that are used for ingress and egress from designated parking spaces. In order to maintain consistency with the City’s Zoning Ordinance, staff recommends the Planning Commission uphold the citation and prohibit use of the vehicle parking within the street yard. 5.0 ALTERNATIVES 1. Grant the appeal based on different or modified findings. 2. Continue the action and request that staff and/or the appellant provide more information. 6.0 ATTACHMENTS 1. Draft Resolution 2. Vicinity Map 3. Site Photos 4. Notice to Correct (May 12, 2014) 5. Appeal (May 22, 2014) 6. Directors Decision (June 19, 2014) 7. Citation (December 4, 2014) 8. Appeal (December 11, 2014) 9. Directors Decision (December 15, 2014) 10. Appeal letter from Katherine Aaron and Joseph Gambucci (January 9, 2015) PC1 - 5 6.k Packet Pg. 82 At t a c h m e n t : k - P C R e p o r t w i t h A t t a c h m e n t s ( M a y 1 3 , 2 0 1 5 ) ( 1 0 8 1 : P r i n c e t o n F r o n t Y a r d P a r k i n g ) Attachment 1 RESOLUTION NO. PC- XXXX-15 A RESOLUTION OF THE SAN LUIS OBISPO PLANNING COMMISSION DENYING AN APPEAL FOR USE OF VEHICLE PARKING IN THE FRONT YARD AS REPRESENTED IN THE PLANNING COMMISSION AGENDA REPORT AND ATTACHMENTS DATED MAY 13, 2015 (598 PRINCETON PLACE APPL-0978-2015) WHEREAS, a citation was issued on December 4, 2014 for parking a vehicle in the front yard outside of the driveway. WHEREAS, an appeal to the citation was hand delivered to the Community Development Department on December 11, 2014. WHEREAS, a notice of the Director’s decision was sent to the property owner on December 15, 2014 that denied the appeal and upheld the violation. WHEREAS, an appeal to the Director’s decision was hand delivered to the Community Development Department on January 9, 2015. 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 May 13, 2015, pursuant to a proceeding instituted under APPL-0978-2015, Katherine Aaron and Joseph Gambucci, appellants. WHEREAS, notices of said public hearing were made at the time and in the manner required by law; and WHEREAS, the Planning Commission has duly considered all evidence, including the 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 of San Luis Obispo as follows: Section 1. Findings. Based upon all the evidence, the Commission makes the following findings: 1. The expansion of parking in front yard areas off driveways, interferes with the pattern of building masses and open areas within neighborhoods, creates vehicle clutter, and results in excessive vehicle parking, which has the effect of creating small parking lots in front yard areas which are intended to remain as open areas within neighborhoods. 2. The use of the vehicle parking in the front yard does not comply with the City’s Municipal Code, Section 17.16.020. This section states that the use of vehicle parking in the street yard is prohibited that does not comply with Section 17.17.055. 3. The use of vehicle parking in the front yard does not qualify as legal non-conforming under the City’s Municipal Code, Section 17.17.055.E, because there are no permits on record that recognize a parking space at this location, and the paved area on the side of the driveway does PC1 - 6 6.k Packet Pg. 83 At t a c h m e n t : k - P C R e p o r t w i t h A t t a c h m e n t s ( M a y 1 3 , 2 0 1 5 ) ( 1 0 8 1 : P r i n c e t o n F r o n t Y a r d P a r k i n g ) Planning Commission Resolution No. PC-XXXX-15 APPL-0978-2015 (598 Princeton Place) Page 2 not meet the parking space requirements. 4. Front yard vehicle parking is only allowed within the driveway width established by the Parking and Driveway Standards. The paved area outside the driveway does not meet the definition of a driveway and is out of compliance with the Parking Driveway Standards. Section 2. Environmental Review. Section 15270, Projects which are disapproved, states that CEQA does not apply to projects which a public agency rejects or disapproves. Section 3. Action. The Planning Commission does hereby deny appeal APPL-0978-2015. On motion by _______, seconded by _______, and on the following roll call vote: AYES: NOES: REFRAIN: ABSENT: The foregoing resolution was passed and adopted this 13th day of May, 2015. _____________________________ Doug Davidson, Secretary Planning Commission PC1 - 7 6.k Packet Pg. 84 At t a c h m e n t : k - P C R e p o r t w i t h A t t a c h m e n t s ( M a y 1 3 , 2 0 1 5 ) ( 1 0 8 1 : P r i n c e t o n F r o n t Y a r d P a r k i n g ) R-1 R-1 R-1 R-1 R-1 R-1 JE F F R E Y HIGHLAND S T A N F O R D DALY P R I N C E T O N MARLENE VICINITY MAP File No. 0978-2015598 Princeton ¯ Attachment 2 PC1 - 8 6.k Packet Pg. 85 At t a c h m e n t : k - P C R e p o r t w i t h A t t a c h m e n t s ( M a y 1 3 , 2 0 1 5 ) ( 1 0 8 1 : P r i n c e t o n F r o n t Y a r d P a r k i n g ) Attachment 3 PC1 - 9 6.k Packet Pg. 86 At t a c h m e n t : k - P C R e p o r t w i t h A t t a c h m e n t s ( M a y 1 3 , 2 0 1 5 ) ( 1 0 8 1 : P r i n c e t o n F r o n t Y a r d P a r k i n g ) Attachment 4 PC1 - 10 6.k Packet Pg. 87 At t a c h m e n t : k - P C R e p o r t w i t h A t t a c h m e n t s ( M a y 1 3 , 2 0 1 5 ) ( 1 0 8 1 : P r i n c e t o n F r o n t Y a r d P a r k i n g ) Attachment 4 PC1 - 11 6.k Packet Pg. 88 At t a c h m e n t : k - P C R e p o r t w i t h A t t a c h m e n t s ( M a y 1 3 , 2 0 1 5 ) ( 1 0 8 1 : P r i n c e t o n F r o n t Y a r d P a r k i n g ) Attachment 4 PC1 - 12 6.k Packet Pg. 89 At t a c h m e n t : k - P C R e p o r t w i t h A t t a c h m e n t s ( M a y 1 3 , 2 0 1 5 ) ( 1 0 8 1 : P r i n c e t o n F r o n t Y a r d P a r k i n g ) Attachment 5 PC1 - 13 6.k Packet Pg. 90 At t a c h m e n t : k - P C R e p o r t w i t h A t t a c h m e n t s ( M a y 1 3 , 2 0 1 5 ) ( 1 0 8 1 : P r i n c e t o n F r o n t Y a r d P a r k i n g ) Attachment 5 PC1 - 14 6.k Packet Pg. 91 At t a c h m e n t : k - P C R e p o r t w i t h A t t a c h m e n t s ( M a y 1 3 , 2 0 1 5 ) ( 1 0 8 1 : P r i n c e t o n F r o n t Y a r d P a r k i n g ) Attachment 5 PC1 - 15 6.k Packet Pg. 92 At t a c h m e n t : k - P C R e p o r t w i t h A t t a c h m e n t s ( M a y 1 3 , 2 0 1 5 ) ( 1 0 8 1 : P r i n c e t o n F r o n t Y a r d P a r k i n g ) Attachment 5 PC1 - 16 6.k Packet Pg. 93 At t a c h m e n t : k - P C R e p o r t w i t h A t t a c h m e n t s ( M a y 1 3 , 2 0 1 5 ) ( 1 0 8 1 : P r i n c e t o n F r o n t Y a r d P a r k i n g ) Attachment 5 PC1 - 17 6.k Packet Pg. 94 At t a c h m e n t : k - P C R e p o r t w i t h A t t a c h m e n t s ( M a y 1 3 , 2 0 1 5 ) ( 1 0 8 1 : P r i n c e t o n F r o n t Y a r d P a r k i n g ) Attachment 5 PC1 - 18 6.k Packet Pg. 95 At t a c h m e n t : k - P C R e p o r t w i t h A t t a c h m e n t s ( M a y 1 3 , 2 0 1 5 ) ( 1 0 8 1 : P r i n c e t o n F r o n t Y a r d P a r k i n g ) Attachment 5 PC1 - 19 6.k Packet Pg. 96 At t a c h m e n t : k - P C R e p o r t w i t h A t t a c h m e n t s ( M a y 1 3 , 2 0 1 5 ) ( 1 0 8 1 : P r i n c e t o n F r o n t Y a r d P a r k i n g ) Attachment 5 PC1 - 20 6.k Packet Pg. 97 At t a c h m e n t : k - P C R e p o r t w i t h A t t a c h m e n t s ( M a y 1 3 , 2 0 1 5 ) ( 1 0 8 1 : P r i n c e t o n F r o n t Y a r d P a r k i n g ) Attachment 5 PC1 - 21 6.k Packet Pg. 98 At t a c h m e n t : k - P C R e p o r t w i t h A t t a c h m e n t s ( M a y 1 3 , 2 0 1 5 ) ( 1 0 8 1 : P r i n c e t o n F r o n t Y a r d P a r k i n g ) Attachment 5 PC1 - 22 6.k Packet Pg. 99 At t a c h m e n t : k - P C R e p o r t w i t h A t t a c h m e n t s ( M a y 1 3 , 2 0 1 5 ) ( 1 0 8 1 : P r i n c e t o n F r o n t Y a r d P a r k i n g ) Attachment 5 PC1 - 23 6.k Packet Pg. 100 At t a c h m e n t : k - P C R e p o r t w i t h A t t a c h m e n t s ( M a y 1 3 , 2 0 1 5 ) ( 1 0 8 1 : P r i n c e t o n F r o n t Y a r d P a r k i n g ) Attachment 5 PC1 - 24 6.k Packet Pg. 101 At t a c h m e n t : k - P C R e p o r t w i t h A t t a c h m e n t s ( M a y 1 3 , 2 0 1 5 ) ( 1 0 8 1 : P r i n c e t o n F r o n t Y a r d P a r k i n g ) Attachment 6 PC1 - 25 6.k Packet Pg. 102 At t a c h m e n t : k - P C R e p o r t w i t h A t t a c h m e n t s ( M a y 1 3 , 2 0 1 5 ) ( 1 0 8 1 : P r i n c e t o n F r o n t Y a r d P a r k i n g ) Attachment 6 PC1 - 26 6.k Packet Pg. 103 At t a c h m e n t : k - P C R e p o r t w i t h A t t a c h m e n t s ( M a y 1 3 , 2 0 1 5 ) ( 1 0 8 1 : P r i n c e t o n F r o n t Y a r d P a r k i n g ) Attachment 7 PC1 - 27 6.k Packet Pg. 104 At t a c h m e n t : k - P C R e p o r t w i t h A t t a c h m e n t s ( M a y 1 3 , 2 0 1 5 ) ( 1 0 8 1 : P r i n c e t o n F r o n t Y a r d P a r k i n g ) Attachment 8 PC1 - 28 6.k Packet Pg. 105 At t a c h m e n t : k - P C R e p o r t w i t h A t t a c h m e n t s ( M a y 1 3 , 2 0 1 5 ) ( 1 0 8 1 : P r i n c e t o n F r o n t Y a r d P a r k i n g ) Attachment 8 PC1 - 29 6.k Packet Pg. 106 At t a c h m e n t : k - P C R e p o r t w i t h A t t a c h m e n t s ( M a y 1 3 , 2 0 1 5 ) ( 1 0 8 1 : P r i n c e t o n F r o n t Y a r d P a r k i n g ) Attachment 8 PC1 - 30 6.k Packet Pg. 107 At t a c h m e n t : k - P C R e p o r t w i t h A t t a c h m e n t s ( M a y 1 3 , 2 0 1 5 ) ( 1 0 8 1 : P r i n c e t o n F r o n t Y a r d P a r k i n g ) Attachment 8 PC1 - 31 6.k Packet Pg. 108 At t a c h m e n t : k - P C R e p o r t w i t h A t t a c h m e n t s ( M a y 1 3 , 2 0 1 5 ) ( 1 0 8 1 : P r i n c e t o n F r o n t Y a r d P a r k i n g ) Attachment 9 PC1 - 32 6.k Packet Pg. 109 At t a c h m e n t : k - P C R e p o r t w i t h A t t a c h m e n t s ( M a y 1 3 , 2 0 1 5 ) ( 1 0 8 1 : P r i n c e t o n F r o n t Y a r d P a r k i n g ) Attachment 9 PC1 - 33 6.k Packet Pg. 110 At t a c h m e n t : k - P C R e p o r t w i t h A t t a c h m e n t s ( M a y 1 3 , 2 0 1 5 ) ( 1 0 8 1 : P r i n c e t o n F r o n t Y a r d P a r k i n g ) Attachment 10 PC1 - 34 6.k Packet Pg. 111 At t a c h m e n t : k - P C R e p o r t w i t h A t t a c h m e n t s ( M a y 1 3 , 2 0 1 5 ) ( 1 0 8 1 : P r i n c e t o n F r o n t Y a r d P a r k i n g ) Attachment 10 PC1 - 35 6.k Packet Pg. 112 At t a c h m e n t : k - P C R e p o r t w i t h A t t a c h m e n t s ( M a y 1 3 , 2 0 1 5 ) ( 1 0 8 1 : P r i n c e t o n F r o n t Y a r d P a r k i n g ) Attachment 10 PC1 - 36 6.k Packet Pg. 113 At t a c h m e n t : k - P C R e p o r t w i t h A t t a c h m e n t s ( M a y 1 3 , 2 0 1 5 ) ( 1 0 8 1 : P r i n c e t o n F r o n t Y a r d P a r k i n g ) 6.l Packet Pg. 114 At t a c h m e n t : l - P C A p p e a l - ( M a y 2 2 , 2 0 1 5 ) ( 1 0 8 1 : P r i n c e t o n F r o n t Y a r d P a r k i n g ) 6.l Packet Pg. 115 At t a c h m e n t : l - P C A p p e a l - ( M a y 2 2 , 2 0 1 5 ) ( 1 0 8 1 : P r i n c e t o n F r o n t Y a r d P a r k i n g ) 6.l Packet Pg. 116 At t a c h m e n t : l - P C A p p e a l - ( M a y 2 2 , 2 0 1 5 ) ( 1 0 8 1 : P r i n c e t o n F r o n t Y a r d P a r k i n g ) 6.l Packet Pg. 117 At t a c h m e n t : l - P C A p p e a l - ( M a y 2 2 , 2 0 1 5 ) ( 1 0 8 1 : P r i n c e t o n F r o n t Y a r d P a r k i n g ) 6.l Packet Pg. 118 At t a c h m e n t : l - P C A p p e a l - ( M a y 2 2 , 2 0 1 5 ) ( 1 0 8 1 : P r i n c e t o n F r o n t Y a r d P a r k i n g ) City Of witi< san luis OB1sp0 Filing Fee Tree Appeal: $109.00 All Other Appeals: $273.00 Pa APPEAL TO THE CITY COUNCIL Date Received SECTION 1. APPELLANT INFORMATION 6-1 e ,UC-9 iz .) PLtC f- (��-A4 3 tl c C- / _ St- C) i� r 45 L/05 Name Mailing Address and Zip Code Phone Fax Representative's Name Title Phone SECTION 2. SUBJECT OF APPEAL Mailing Address and Zip Code Fax MAY 22 ' "015 1. In accordance with the procedures set forth in Title 1, Chapter 1.20 of the San Luis Obispo Municipal Code (copy attached), I hereby appeal the decision of the: 'R,tAWi✓lJej l_6M/C4/S5 /i�/ (Name of Officer, Committee or Commission decision being appealed) 2. The date the decision being appealed was rendered 3. The application or project was entitled: !4PPL_ —oq4� - -z.) 1,5- 113 / 2615— s-7 9 (A)eev j �LAe 4. 1 discussed the matter wit he following City staff member: K E F- LL t on (Staff Member's Name and Department) S111Z<)15— (Date) 5. H s this matter n the subject of�i �?revious appeal"? If so, w, n was it heard and by whom: t j t � AIAJ/ Al 6 (--fir 1✓1 X4 SECTION 3. REASON FOR APPEAL Explain specifically what action /s you are appealing and why you believe the Council should consider your appeal. Include what evidence you have that supports your appeal. You may attach additional pages, if necessary. This form continues on the other side. Page 1 of 3 Reason for Appeal continued SECTION 4. APPELLANT'S RESPONSIBILITY The San Luis Obispo City Council values public participation in local government and encourages all forms of citizen involvement. However, due to real costs associated with City Council consideration of an appeal, including public notification, all appeals pertaining to a planning application or project are subject to a filing fee of $273 , which must accompany the appeal form. Your right to exercise an appeal comes with certain responsibilities. If you file an appeal, please understand that it must be heard within 45 days from filing this form. You will be notified in writing of the exact date your appeal will be heard before the Council. You or your representative will be expected to attend the public hearing, and to be prepared to make your case. Your testimony is limited to 10 minutes. A continuance may be granted under certain and unusual circumstances. If you feel you need to request a continuance, you must submit your request in writing to the City Clerk. Please be advised that if your request for continuance is received after the appeal is noticed to the public, the Council may not be able to grant the request for continuance. Submitting a request for continuance does not guarantee that it will be granted; that action is at the discretion of the City Council. I hereby agree to appear and /or send a representative to appear on my behalf when said appeal i"cheduled for a public hearing before the City Council. C&UVt� -,�, 5-I Z-2 /1s ($igr( tur of Appellant) (Date) Lions to t e fee: 1) Appeals of Tree Committee decisions are $109. 2) The above -named appellant has already paid the City $273 to appeal this same matter to a City official or Council advisory body. This item is hereby calendared for cc: City Attorney City Manager Department Head Advisory Body Chairperson Advisory Body Liaison City Clerk (original) Page 2 of 3 07/13 San Luis Obispo City Council 990 Palm Street, San Luis Obispo, CA. 93401 5/22/2015 Appeal of alleged violation to San Luis Obispo City Council. APN 052 - 451 -009 This is an appeal of an alleged code violation of MC 17.17.055 — Front Yard parking at 598 Princeton Place, SLO. I believe that the use of the pavement as parking is consistent with the City's Municipal Codes. It appears that when the parking codes were written there was flexibility built in to handle out of the ordinary situations like mine. The property at 598 Princeton Place, conforms to 17.17.055. SECTION 17.17.055 B.1 States: Vehicle parking is permitted on driveways leading to approved off - street parking. SECTION 17.17.055 E State: (Legal Nonconforming Front Yard Parking (in cases where 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 section 17.17.055, such parking shall be considered a legal non - conforming use, and may continue.) SECTION 17.16.020 D.8 states: Unenclosed parking space and parking aisles may be located within other yards consistent with 17.167.055. The denial contradicts the wording of SLOW 17.17.055 and 17.16.020 I purchased this property in November, 1993 and the front driveway area is just as it was then. There have been no additions or changes since it was constructed. The driveway area in question was constructed long before I purchased the property. This was easily over 20 years prior to the adoption of 17.17.055 on May 15, 2012. 1 have not added on to the driveway area in question. The entire driveway is a monolithic concrete pour that was done all at once. It's possible that the driveway was built prior to the zoning regulations of 1979 that were mentioned in the report prepared by Kyle Bell regarding this case. Again, there is no record of when the driveway was built. Kyle said he tried to find record of the construction but was unable to. Page 1 In his Denial of my appeal to this issue, The Community Development Director, Derek Johnson, stated: "There are no permits on file for 598 Princeton, which address the paved area next to the driveway." The driveway was constructed so long ago that a permit was not required to modify the front parking area at 598 Princeton Place. This was verified by Kyle Bell when I met with him on May 5th, 2015. It was not a requirement to permit the construction of the additional parking when it was done. It was not possible, nor was it necessary, to obtain a permit. Therefore, no permits would or could be on file. With that said, there was no approval process at the time of construction so how could the driveway area be approved or not approved? SLOMC 17.17.055 has retroactively made it an alleged crime to continue to use my driveway the way I have for the past 21 years. Parking on the additional pavement was legal when the construction was done. SLOMC 17.17.055 was passed and after the fact, made it allegedly illegal to do so. • 1 have been parking my boat in that same spot for over 20 years now. It is an established practice and started many years prior to passing of SLOMC 17.17.055. • At no time has a neighbor complained to me about the boat and where it's parked. • The boat fits within the area it is parked in without being off the pavement. Approximately 11 years ago, I was contacted by a city planner at that time and after he inspected my property he agreed that it was legal nonconforming. He contacted me because the owner of 505 Princeton Place wanted to add an additional driveway to his property that faced Highland drive. That person used my property as an example in his request. That property owner was granted a permit to build a second 2 car driveway at 505 Princeton. In their denial of my parking issue, the Planning Department stated that they are concerned with the Residential Character of the Neighborhood. I'm here to show you that I'm a strong proponent of the Preservation of the Residential Character or our neighborhood. Nobody is more interested in our neighborhood character than the 8 of us property owners at the cul- de -sac end of our street. We have collectively worked with both sellers and rental owners to persuade them to sell or rent to families. Collectively we have spent over $500,000 on our homes in the last 20 years in order to maintain the residential character and fight back the blight that is destroying other streets in the area. The true threat to the Residential Character of our neighborhood are the STUDENT RENTALS. I look forward to meeting with you, the City Council, regarding this issue. Page 2 Thank you. Joseph Gambucci and Katherine Aaron 598 Princeton Place San Luis Obispo, CA. 93405 c. 459.8350 h. 541 -1139 Page 3 City ,Administration 390 Palm Street, Safi Luis Obispu, CA 93401 -3249 1405 781 N 14 .July 21, 2015 Joseph Gambucci 598 Princeton Place San Luis Obispo, CA 93405 RE: NOTICE OF PUBLIC HEARING — APPEAL OF THE PLANNING COMMISSION'S DECISION TO DENY USE OF PARKING IN THE FRONT" YARD AT 598 PRINCETON PLACID: Dear Mr..loseph Garnbucci This letter shall serve to advise you that your appeal for the above matter was received in the City Clerk's Office on May 22, 2015. This item shall be placed on the agenda for the City Council meeting of Tuesday, September 1, 2015 for Public Hearing at 6:00 p.m. The agenda and Council Agenda Report will be available on the City's website at _- www.slocity.orgagenda and in the Office of the City Clerk by Wednesday, September 26, 2015. As the appellant, you are invited to attend this meeting. City Council meetings are held in the City Council Chamber, City Hall, 990 Palm Street, San Luis Obispo, California, 93401. During the Public Hearing, appellant(s) are permitted to speak for up to ten minutes to provide testimony to the City Council. Please don't hesitate to contact the City Clerk's Office at (805) 781 -7100 if you have any questions or concerns. Stn 'rely, cr' . L +ior J. M j is Ci cc: City Vanagc is Office City Attorney's Office Community Development Department CITY OF SAN LUIS OBISPO AFFIDAVIT OF MAILING STATE OF CALIFORNIA ) COUNTY OF SAN LUIS OBISPO) SS. CITY OF SAN LUIS OBISPO AFFIDAVIT OF MAILING NOTICE OF PUBLIC HEARING — 598 PRINCETON PLACE I, ANTHONY J. MEDIA, declare as follows: That I am the City Clerk of the City of San Luis Obispo; that copies of the Notice of Public Hearing before the City Council of the City of San Luis Obispo, in conjunction with the above - referenced project, were mailed to each and every person set forth on the attached list on the 20th day of August, 2015. A copy of said Notice is attached. Said mailing was completed by causing a copy of said Notice, with postage prepaid, and depositing same in the U.S. Mail at San Luis Obispo, California. I declare under the penalty of perjury that the foregoing is true and correct. Executed on the 20th day of August, 2015 at San Luis Obispo, California. Meeting Date: 09/01/2015 Re, Appeal of 598 Princeton Place UNE2 UNE4 OCCUPANT 221 DALY SAN LUIS OBISPO, CA 93405 -1013 OCCUPANT 549.JEFFREY SAN LUIS OBISPO, CA 93405 -1003 OCCUPANT 629 JEFFREY SAN LUIS OBISPO, CA 93405 -1021 OCCUPANT 290 MARLENE SAN LUIS OBISPO, CA 93405 -1024 OCCUPANT 296 MARLENE SAN LUIS OBISPO, CA 93405 -1024 OCCUPANT 544 PRINCETON SAN LUIS OBISPO, CA 93405 -1119 OCCUPANT 553 PRINCETON SAN LUIS OBISPO, CA 93405 -1118 OCCUPANT 556 PRINCETON SAN LUIS OBISPO, CA 93405 -1119 OCCUPANT 577 PRINCETON SAN LUIS OBISPO, CA 93405 -1118 OCCUPANT 583 PRINCETON SAN LUIS OBISPO, CA 93405 -1118 OCCUPANT 584 PRINCETON SAN LUIS OBISPO, CA 93405 -1119 OCCUPANT 613 STANFORD SAN LUIS OBISPO, CA 93405 -1123 OCCUPANT 635 STANFORD SAN LUIS OBISPO, CA 93405 -1I23 OCCUPANT 652STANFORD SAN LUIS OBISPO, CA 93405 -1123 OCCUPANT 660 STANFORD SAN LUIS OBISPO, CA 93405 -1123 OCCUPANT 667 STANFORD SAN LUIS OBISPO, CA 93405 -1123 OCCUPANT 500 WESTMONT SAN LUIS OBISPO, CA 93405 -1127 ARGENTE LYNN S & MAURICIO G 2449 PARKLAND TERR SAN LUIS OBISPO, CA 93401 -4649 BECK GERALD P THE ETAL 298 COUNTRY OAK WAY ARROYO GRANDE CA 93420 -5116 BENNETT STEVEN A THE ETAL 597 JEFFREY DR SAN LUIS OBISPO, CA 93405 -1003 BORBA JOHN W THE ETAL 288 DALY AVE SAN LUIS OBISPO, CA 93405 -1014 BORIN NORMAN A THE ETAL 569 PRINCETON PL SAN LUIS OBISPO, CA 93405 -1118 BOWER WB & SA 631 JEFFREY DR. SAN LUIS OBISPO, CA 93405 - BROWN CHARLOTTE THE 646 STANFORD DR SAN LUIS OBISPO, CA 93405 -1123 CATHOLIC CHURCH SLO PO BOX 2048 MONTEREY CA 93942 -2048 CORTEZ CATHY D THE 957 CREEKSIDE PL MANTECA CA 95336 - CZECH ADOLF D & GENEVIEVE M 612 STANFORD DR SAN LUIS OBISPO, CA 93405 -1123 DAVIDSON JAMES R THE ETAL 895 N CALLE CIRCULO CAMARILLO CA 93010 -2815 DAVIES GEORGE R III & VALERIE J 572 STANFORD DR SAN LUIS OBISPO, CA 93405 -1121 DONATELLI PAULA THE ETAL 296 DALY AVE SAN LUIS OBISPO, CA 93405 -1014. DUVALL RUSSELL I THE 605JEFFREY SAN LUIS OBISPO, CA 93405 -1021 EBNER STEPHEN ETAL 621 STANFORD DR SAN LUIS OBISPO, CA 93405 -1123 FISHER HELEN F THE ETAL 297 MARLENE SAN LUIS OBISPO, CA 93405 -1023 FLOYD BARRY D & KAREL 1 643 JEFFREY STREET SAN LUIS OBISPO,CA 93401 - GAMBUCCI JOSEPH ETUX 598 PRINCETON PL SAN LUIS OBISPO, CA 93405 -1119 GOTHE ARTHUR G THE ETAL 644 JEFFREY DR SAN LUIS OBISPO, CA 93405 -1022 HERBEL SHIRLEY A THE ETAL 8455 SANTA ROSA RD H4 ATASCADERO CA 93422 -4946 HERRMANN BRADLEY E THE ETAL 1184 DEAN AVE SAN JOSE CA 95125 - HOM PETER THE ETAL 620 STANFORD DR SLO CA 93405 -1123 KALENIAN WILLLIAM J THE ETAL 568 PRINCETON PL SAN LUIS OBISPO, CA 93405 -1119 KARLESKINT BARRY M THE ETAL 623 JEFFREY DR SAN LUIS OBISPO, CA 93405 -1021 KARPIN CORY H THE ETAL 585 JEFFREY DR SAN LUIS OBISPO, CA 93405 -1003 KEEHN REBECCA R THE 628 STANFORD DR SAN LUIS OBISPO, CA 93405 -1123 LANDRETH JAMES R THE ETAL 613 JEFFREY DR SAN LUIS OBISPO, CA 93405 -1021 LARSON WAYNE A THE ETAL 3922 FOOTHILL RD SANTA BARBARA CA 93110 -1208 U & U LLC 7561 PROSPECT RD CUPERTINO CA 95014 - LITTLE HC & NM 588 STANFORD DR SAN LUIS OBISPO, CA 93401 -1121 MAININI RONALD A THE ETAL 5827 BROOKLINE LN SAN LUIS OBISPO, CA 93401 -8900 MALENA LEONARDO THE ETAL 21852 LAS NUBES DR TRABUCO CANYON CA 92679 MEINHOLD ALICE -JO THE ETAL 468 WESTMONT DR SAN LUIS OBISPO, CA 93405 -1125 MEINHOLD ANDREW G & DAWN M 1950 BRIDLE RIDGE TRAIL SAN LUIS OBISPO, CA 93405 GLPIN A EDWIN THE ETAL 550 PRINCETON PL SAN LUIS OBISPO, CA 93405 -1119 PASKETT DARREL K & STELLA G 561 JEFFREY DR SAN LUIS OBISPO, CA 93405 -1003 PEDOTTI JON 2222 SAN SIMEON CREEK RD CAMBRIA CA 93428 -1826 RIEGER NICOLE ETAL 68 SAN BENANCIO RD SALINAS CA 93905 - ROBERTSON TRAVIS 561 PRINCETON PL SAN LUIS OBISPO, CA 93405 -1118 ROJAS ANNE H THE PO BOX 41823 SANTA BARBARA CA 93140 -1823 SANSOM PHILLIP D & MARY L 289 MARLENE DR SAN LUIS OBISPO CA 93405 -1023 SCHROETER ROBERT & ANGELA 617 JEFFREY DR SAN LUIS OBISPO, CA 93405 -1021 SHERRY JOHN E THE ETAL 3415 NW BRAID DR BEND, OR 97701 STANSFIELD WILLIAM D THE ETAL 653 STANFORD DR SAN LUIS OBISPO, CA 93405 -1123 STORK GREGORY H & MAGNOLIA P 573 JEFFREY DR SAN LUIS OBISPO, CA 93405 -1003 TIETIE WILLIAM D & SHEILAH R 545 PRINCETON PL SAN LUIS OBISPO, CA 93405 -1118 VANBEEK DONNA M THE 634 STANFORD DR SAN LUIS OBISPO, CA 93401 -1123 MY of San Luis OBlspo City council puBLIc hCAmnq The San Luis Obispo City Council invites all interested persons to attend a public hearing, relative to the following; What: An appeal of the Planning Commission's decision to deny use of vehicle parking in the front yard at 598 Princeton Place. Address of Application: 598 Pr'snceton Place Where: City Hall Council Chamber, 990 Palm Street, San Luis Obispo, California. When: September 1, 2015 at 6 :00 P.M. For questions, contact: Anne Schneider, Chief Building Officiai . (805) 781.7572 • aschneider sloe:iit .or Cs5-5 y Commence ore else toiled o If yrav challenge the above proposed action 10 caurr, you rnov be limited ro to isinq rhose City C you ar t, O reatie 10 (raised at ter public hearing descrlbea this notice, or 1n written Correspondence deflvered to the City Coc:ncii at, or prior to the Public lrearfrip. The rtgendc and Rep., ts for this meetin and Online at www_.iladtv.nra(aoenda1, 4 are avGflohle 1n the City Clerk $ office K THE Newspaper of the Central Coast EIVED AUG 2 6 2015 C r% rrry JI- 3825 South Higuera • Post Office Box 112 • San Luis Obispo, Californi Anthony J. Melia City Clerk City of San Luis Obispo Augu5t21,2015 1914158 In The Superior Court of The State of California 01WRLM15002M In and for the County of San Luis Obispo LUIS OBISPO CITY SAN NOTICE OF PUBLIC HEAR NGSL AFFIDAVIT OF PUBLICATION The San tole Obispo City Gcunclt lrnittes all Interested persons to attend publtc hear- ings on Tuesday. September 1, x2015, at 6.00 p.m. in the City Hall Council Chem - CITY OF SAN LUIS OBISPO ber, 990 Palm Street, San Luis Obispo, OFFICE OF THE CITY CLERK California, relative to the following: 1. 1680 EI MERIO COURT - _APPEAL PF THE_TfiEE COM I nIL 4 _W1119 N 745. aEMY It Tii FiQMQVAkAPpLfCA. STATE OF CALIFORNIA XIQN ss. A public hearing to consider an appeal of County of San Luis Obispo the Tree Committee's decision to deny a tree application at 1680 El Caserio Court. The Committee approved the removal of three palms to the west (left of the drive - I am a citizen of the United States and a resident of the way facing the home from the street) and County aforesaid; I am over the age of eighteen and not denied removal of three palms to the east (right of the driveway). The Tree Commit- interested in the above entitled matter; am now and at > tee considered this matter on April 27, 2015 and June 22, 2015. all times embraced In the publication herein mentioned was, the principal clerk of the printers and publishers of This application is on file at the City of Luis Obispo City Clerk's Office, 990 Palm THE TRIBUNE a newspaper of general Circulation > Street. For more information, you are It, at ed to contact Ron Combs, City Arborist, at printed and published daily at the City of San Luis ( 805 ) 781 -7023 or by emailrcombsGslo Obispo in the above named county and state; that notice clly.arg. at which the annexed clippings is a true copy, was OF TH T PRINCETON PLACE - APPEAL E PLANNING COMMISSION'S DE- published in the above -named newspaper and not in any cisiON TO DENY THE USE OF PARK - supplement thereof — on the following dates to wit; ING IN THE FRONT YARD AUGUST 21, 2015 that said newspaper was duly and A public hearing to consider an ci appeal a1 the Planning Commission's decision to de- regularly ascertained and established a newspaper of ny use of vehicle parking In the front yard general circulation by Decree entered in the Superior at 598 Princeton Place. The Plan ring Com- mission considered this matter on May 13, Court of San Luis Obispo County, State of California, on 2015. June 9, 1952, Case #19139 under the Government Code This application is on file at the City of Luis of the State of California. Obispo Comrmunity Development Depart- ment, 819 Paim Street. For more informa- tion, you are Invited to contact Annel Schneider, Chief Bullding 0111cla1, at (805) I certify (or declare) under the penalty of perjury that the 781a572orbysmall schrie1derQs10C1 . foregoing is true and correct. axg. The City Council may also discuss other hearings business items before or Otter the items listed above. If you challenge the listed proposed project in court, you may be ilmll- ture Princi al Clerk) ( S I g na p k ) ed to raising only those Issues you or DATED: AUGUST 21, 2015 someone else raised at the public hearing described In this notice, or In written corre. AD COST: $213.40 spondence delivered to the City Council at, or prior to, the public hearing. Reports for this meeting will be available for review in the City Clerk's Office and on- line al www.slocVty,aTg on Wednesday, Au- gust 26, 2015, Please call the City Clerk's Office at (805) 781 -7100 for more Informa- tion. The City Council meeling will be lele- vlsed [Iva on Charter Cable Chennel 20 and live streaming on www.slocity.ora. Anthony J. Melia City Clerk City of San Luis Obispo Augu5t21,2015 1914158 Cify Of SP,71 LOS OUS110 City Cierk's Office 990 F!alrr 57, •', r - e r. Sar, Luis (%ispo, CA 9340] PROJECT -)JTE MAP: I yq, F 6-1 elan !,I Hasler 08/2012015 $00.352 ZIP 93401 RECEIVED UP 0 9 2015 S1 - L( - 1, 1 y (�.J-FRY STAN 11 � — (, - T, 1 7c�-c 1 U 4dL'1vgqq4 jil 1,1,111 11+111 IfiliIIJI)II111111il'it 111