HomeMy WebLinkAbout1412ORDINANCE NO. 1412 (2002 Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SAN LUIS OBISPO AMENDING VARIOUS SECTIONS OF THE
CITY MUNICIPAL CODE RELATED TO PROPERTY MAINTENANCE
REGULATIONS (TA/ER 134 -01)
WHEREAS, the Planning Commission conducted a public hearing on January 23, 2002
and recommended approval of amendments to the City's Municipal Code; and
WHEREAS, the City Council conducted a public hearing on April 2, 2002 and has
considered testimony of interested parties, the records of the Planning Commission hearing and
action, and the evaluation and recommendation of staff; and
WHEREAS, the City Council finds that the proposed text amendments are consistent
with the General Plan, the purposes of the Zoning Regulations, and other applicable City
ordinances; and
WHEREAS, the City Council has considered the draft Negative Declaration of
Environmental Impact as prepared by staff and reviewed by the Planning Commission; and
NOW, THEREFORE, 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 adequately addresses the potential significant environmental
impacts of the proposed text amendments to the Municipal Code, and reflects the independent
judgment of the City Council. The Council hereby adopts said Negative Declaration.
SECTION 2. Sections Amended: Section 2.48.170, 10.36.170, 10.36.180, 10.36.232
17.17.050 and 17.17.080A &B of the Municipal Code are hereby amended to read as follows:
2.48.170 Jurisdiction.
A. Architectural Review shall be required for all structures and physical improvements except
individual built single - family dwellings. The exception for the individual single - family dwellings
shall not apply 1) when architectural review is required as a condition of a subdivision use permit
or other discretionary entitlement; (2) when a developer proposes to construct three or more
units; (3) when the director determines the site is sensitive as set forth in the procedures
document. "Sensitive sites" shall include, but not be limited to, open space zoning areas
designated by resolution of the planning commission, architectural review commission or
council; (4) where the scale or character of the proposed dwelling contrasts significantly with
adjacent or neighboring structures; and (5) where any required parking space that is covered is
converted to another use and replacement parking is proposed.
10.36.170 Designation of residential parking permit areas - Adoption of resolution.
A. The Council should, by resolution, designate an area of the city as a residential parking permit
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area if the Council finds that 1) the area is predominantly residential, 2) the streets in the area are
congested with vehicles parked by persons not residing in the area and the designation is
supported by a (60 %) majority of the affected residents, or 3) limiting the parking of vehicles
along the streets in the area to vehicles registered or controlled and exclusively used by persons
residing in the area is necessary in order to preserve the quality of life as defined in resident
petition and approved by a (60 %) majority of persons residing in the area.
10.36.180 Designation of residential parking permit areas - Content of resolution.
The resolution designating an area of the city as a residential permit parking area shall describe
the designated area in which parking will be limited to vehicles displaying a parking permit
issued by the Public Works Department for that purpose and shall set forth the hours and days, as
specified by a 60% majority of the residents residing in the district, when parking will be limited
to those vehicles.
10.36.232 Enforcement.
Enforcement of the residential parking permit district shall be on a regular and routine basis, and
may be on a complaint basis by residents within the district boundaries. Enforcement personnel
shall be dispatched on an as- available basis as determined by the city parking manager /police
department. All parking citations issued for noncompliance with the parking permit requirement
shall be governed by the civil proceedings set forth in the California Vehicle Code.
17.17.050 Front yard paving.
No more than fifty percent of any residential front yard (see definition of "front yard "), not to
exceed twenty -six (26) feet in width, may be covered by concrete or other impervious material,
including driveways, patio areas, walkways, and other landscape features. Exceptions to this
standard can be granted through the Administrative Use Permit process should the proposed
paving be compatible with the neighborhood.
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 to maintain such property in
violation of Sections 17.17.040, 17.17.050, 17.17.060, or 17.17.070 of this chapter for more than
72 hours.
B. Type of offense. Any person who violates Sections 17.17.040, 17.17.050, 17.17.060,
17.17.070, or 17.17.075 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.
SECTION 3. Sections Added:
Add Section 308.4 to the Uniform Administrative Code (Section 15.04.010) to read as follows:
308.4 Storage of Solid Waste Containers.
Ordinance No. 1412 (200/- Series)
Page 3
All new Group R, Division 3 occupancies for which a building permit application is submitted
after the effective date of this ordinance shall provide a space adequate in size to store and screen
all solid waste containers when viewed from the public right -of -way. The storage area shall have
minimum dimensions of 3 -feet by 8 -feet or 6 -feet by 6 -feet and shall not conflict with required
parking spaces. If the storage area is located in the front yard setback established by other
ordinances, the storage area shall be screened by a fence, partition or other enclosure in
compliance with maximum height limitations. In no case shall a partition or enclosure required
by this section be less than 48- inches in height.
Add Section 17.17.075 to read as follows:
17.17.075 Neighborhood Preservation.
It shall be unlawful and a public nuisance for any person, firm or corporation, owning, leasing,
occupying, or having possession of any private property in the City to maintain such property in
such a manner that any of the following conditions are found to exist thereon:
1. Buildings which are abandoned, partially destroyed or damaged or left in an unreasonable
state of partial construction, whose owners have been notified by the City that the property
has been determined to be in violation of this section. An abandoned building means any
building or structure which is not occupied, used or secured for a period of one (1) year or
more. A partially destroyed or damaged building means any building or structure in which
25% or more of the structure has been destroyed or damaged and not repaired or replaced for
a period of one (1) year or more. An unreasonable state of partial construction is defined as
any unfinished 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 of
construction materials substantially detracts from the appearance of the immediate
neighborhood.
2. Paint or finish material on the exterior surface of a building or other structure that has
become substantially deteriorated, damaged, or unsightly so as to significantly detract 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 protective
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.
3. Broken, deteriorated, neglected, abandoned, or substantially defaced structures, equipment,
machinery, ponds, pools, or excavations visually impacting on the 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 any condition, instrumentality or
machine located in a building or on premises, which is or 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 premises and risk injury by playing with, in, or on it.
4. Parking lots, driveways, paths or other paved surfaces, except when located in a rear or side
yard of a single family dwelling, which contain substantial cracks, potholes or other
deficiencies posing a substantial risk of harm to the public.
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5. Trees, weeds, or other types of vegetation that are dead, decayed, infested, diseased,
overgrown, or harbor rats or vermin and are visible from a public right -of -way. For the
purpose of this chapter, "overgrown" is limited to lawns or weeds over 12" in height. Creek,
riparian areas, open space, grassland communities, or other sensitive habitat and unique
resource areas as defined by the General Plan are subject to separate regulations.
6. Buildings, structures, or other surfaces upon which graffiti exists. Graffiti, as used in 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.
7. Any violation of the provisions of a conditional use permit, planned development permit,
architectural review approval, variance or other land use entitlement or land use permit.
8. 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 as defined by Civil Code
Section 3480.
SECTION 5. A summary of this ordinance, together with the names of the Council
members voting for and against, shall be published at least five (5) 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.
INTRODUCED on the 2nd day of April 2002, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the 161h day of April 2002, on the following roll call
vote:
AYES: Council Member Ewan, Schwartz, Vice Mayor Marx, and Mayor Settle
NOES: Council Member Mulholland
ABSENT: None
Allen K. Settle, Mayor
Lee Price, City Clerk
APPROVED AS TO FORM:
ity Attorney