HomeMy WebLinkAbout1579ORDINANCE NO. 1579 (2012 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING FRONT
YARD PARKING REGULATIONS OF THE MUNICIPAL CODE AND
REMOVING 72 -HOUR TIMEFRAME FOR PROPERTY MAINTENANCE
STANDARDS VIOLATIONS (TA 143 -11)
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted
a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo,
California, on April 25, 2012, and recommended approval of amendments to the
Municipal Code; and
WHEREAS, the City Council 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 15, 2011, for the purpose of considering amendments to the Municipal
Code (TA 143 -11); 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, notices of said public hearings were made at the time and in the
manner required by law.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San
Luis Obispo as follows:
SECTION 1. Environmental Determination. The project is exempt from
environmental review per CEQA Guidelines under the General Rule (Section
15061(b)(3)). The project involves updates and revisions to existing parking regulations in
the front yard areas of residential districts and timeframe provisions for property
maintenance standards violations. It can be seen with certainty that the proposed
Municipal Code text amendments will have no significant effect on the environment.
SECTION 2. Findings. Based upon all the evidence, the Council makes the
following findings:
1. The proposed amendments will not significantly alter the character of the City or
cause significant health, safety or welfare concerns, since the amendments are
consistent with the General Plan and directly implement City goals and policies.
2. Periodic amendments, updates, and corrections of the Municipal Code are
consistent with General Plan Policy to maintain regulations which are effective in
implementing policies consistent with the General Plan.
3. These proposed amendments enhance public safety by ensuring the vehicles enter
and exit properties through permitted driveways and that the number of cars on
private property does not cause visual blight or hazards to the community.
01579
Ordinance No. 1579 (2012 Series)
Page 2
SECTION 3. Chapter 17.16.020.D. of the City of San Luis Obispo's Municipal
Code is replaced and amended to read as follows:
What May Occupy Yards.
1. Utility Structures. Components of public utility systems may be located within
street yards when approved by the Architectural Review Commission.
2. Fences, Walls and Hedges. Fences, walls and hedges may occupy yards to the
extent provided in Section 17.16.050. (Vegetation may be controlled by the
California Solar Shade Control Act.)
3. Arbors and Trellises. Arbors and trellises may occupy yards subject to the extent
provided in Section 17.16.050. Arbors and trellises shall not be connected to or
supported by a building, nor be designed to support loads other than vines or
similar plantings. They are not considered structures for zoning purposes and shall
not be used as patio covers.
4. Signs. Signs in conformance with the Sign Regulations codified in Chapter 15.40
may occupy yards to the extent provided in those regulations.
5. Architectural Features. The following and similar architectural features may
extend into a required yard no more than 30 inches:
a. Cornices, canopies, eaves, buttresses, chimneys, solar collectors, shading
louvers, reflectors, water heater enclosures, and bay or other projecting
windows that do not include usable floor space (Figure 1).
Figure 1
b. Uncovered balconies, uncovered porches, or decks may extend into the
required yard not more than four feet or one -half the required yard distance,
whichever is less. Fire escapes, exit stairs or other required exits may be
required to meet greater setbacks to comply with Building Code requirements.
c. Decks, planters and similar features less than 30 inches above grade may be
located within the required yards.
6. Trash Enclosures. Trash enclosures which have been approved by the
Architectural Review Commission may be located within a required yard, provided
no part of the enclosure is less than three feet from any right -of -way or adopted
setback line.
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
Ordinance No. 1579 (2012 Series)
Page 3
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.
8. 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.
9. Unenclosed Tandem Parking Spaces. For single dwellings required parking may
be approved by the Director to be in tandem where safe and compatible with the
surrounding neighborhood.
10. Enclosed and Unenclosed Parking Spaces in Street Yard Prohibited. In no case
may an enclosed parking space or required parking space from which vehicles exit
directly onto the street be located less than 20 feet from the street right -of -way or
setback line except as provided in 17.16.020.E.2, or as provided in 17.17.055.D.
SECTION 4. Chapter 17.17.040.D.7 of the City of San Luis Obispo's Municipal
Code is replaced and amended to read as follows:
Recreational vehicles and trailers with current licenses may be parked in driveways
consistent with 17.17.055.
SECTION 5. Chapter 17.17.055 is hereby added the City of San Luis Obispo's
Municipal Code:
17.17.055 Front Yard Parking
A. Purpose and Application.
1. The purpose of these regulations is to preserve the residential character of
streetscapes in the City's neighborhoods. The expansion of parking in front yard
areas off driveways, interferes with the 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. These regulations apply to vehicle parking within the front yard areas as defined in
Section 17.1001 and shown in Figure 9. No person shall stop, park, or leave
standing any vehicle, whether attended, or unattended, unless consistent with the
provisions of this section.
Ordinance No. 1579 (2012 Series)
Page 4
Figure 9
B. Allowed Front Yard Parking. Vehicles parked in front yard areas of residential lots
shall conform to all of the following requirements:
1. Vehicle parking is permitted on driveways leading to garage parking, or other
approved off - street parking spaces.
2. Vehicles may only be parked in areas within the driveway width established to
serve approved parking spaces as defined in City Parking and Driveway
Standards. Vehicle parking on pavement or other surfacing added outside the
driveway area does not meet the definition of a driveway. (See figure 10 for
examples of allowed front yard parking). Vehicles shall be parked completely
within the driveway surface with all tires completely on the driveway surface.
3. Vehicles may be parked in tandem (one vehicle behind another) provided there is
sufficient space that no part of the vehicle overhangs the property line or
sidewalk.
Ordinance No. 1579 (2012 Series)
Page 5
Figure 10. Examples of allowed front yard parking for typical two -car garage and side loaded two -car
garage. Vehicles are parked in driveway within area leading to approved parking in garage.
C. Prohibited Front Yard Parking.
1. Vehicles shall not be parked outside the driveway width area leading to garage
spaces or other approved parking or in any other manner inconsistent with
17.17.055.13. Vehicle parking next to driveways, whether paved or unpaved is
prohibited. (see Figure 11 & 12).
Figure 11. Examples of prohibited front yard parking for typical two -car garage and side loaded two -
car garage. Vehicles next to driveway and over sidewalk are illegally parked.
2. Parking where vehicles are "straddling" or are partially on the driveway and
partially on an unpaved or paved surface next to the driveway is prohibited (Figure
12).
Ordinance No. 1579 (2012 Series)
Page 6
Figure 12. Vehicles parked partially on driveway (straddling) are illegally parked
3. Vehicles may not be parked diagonally or in any other configuration which would
require vehicle circulation outside the width of the driveway area except as
provided in 17.17.055.B.3.(tandem parking). (see Figure 13).
Figure 13. Diagonally parked vehicles are illegally parked
D. Single Car Garages and Single Car Parking.
Residential properties which have parking configurations of a single car garage or single
car surface parking similar to figure 14 in this Chapter, may establish an additional
parking pad between the driveway and the nearest interior property line upon approval of
a construction permit and conformance with the following requirements:
The parking pad shall meet minimum parking space dimensions of Parking and
Driveway Standards to ensure adequate space for vehicle parking on the driveway
and adjacent parking pad.
2. The parking pad shall meet minimum depth requirements of the Parking and
Driveway Standards (typically 18.5 feet) and vehicles may not be parked to
overhang the sidewalk or property line into the public right -of -way.
Ordinance No. 1579 (2012 Series)
Page 7
3. The parking pad space shall be surfaced with alternative paving to achieve
aesthetic and environmental objectives. Examples of alternative paving surfaces,
include, but are not limited to: interlocking pavers, eco- block, porous AC paving,
or cobblestone. Parking pads for single car garages and single car parking
established prior to the adoption of this section may be exempted from this
requirement.
4. Vehicle circulation. There shall be adequate driveway ramp access such that
vehicles can access the parking pad location from the public right -of -way without
crossing over sidewalk area or other public improvements outside of the driveway
ramp area including transitions.
Figure 14. Single car driveway
E. Legal Non - Conforming Front Yard Pa
In cases where permits have been granted prior to allow parking in the front yard
area that is not in conformance with Section 17.17.055.13; 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 such parking in "other yards" does not meet the definition
of a driveway per section 17.17.055.13 and shall not be deemed a non - conforming
use.
SECTION 6. Chapter 17.17.075 of the City of San Luis Obispo's Municipal
Code is replaced and amended to read as follows:
17.17.075 Neighborhood preservation.
It shall be unlawful and a public nuisance for any person, firm or corporation, owning,
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:
Ordinance No. 1579 (2012 Series)
Page 8
A. Refuse, green waste, and recycling receptacles shall not be within the front yard area
except as provided in Municipal Code section 8.04 which states: Refuse and garbage
containers shall not be placed adjacent to the street for pickup more than twenty -four
hours before pickup time, and such containers shall be removed within the twelve -hour
period following pickup, except in the Business Improvement Area (as defined in
Chapter 12.36). In the Business Improvement Area, refuse and garbage containers
shall not be placed adjacent to the street for pickup before 5:00 p.m. or the close of
business on the day preceding pickup, whichever is later. Such containers shall be
removed before 10:00 a.m. following pickup. The "front yard" area is defined as: The
area of a residential lot that lies between the street property line and the walls of any
residences that face the street. (Ord. 1277, 1995). Trash, green waste, and recycling
receptacles shall be completely screened from public view from the public right -of-
way that abuts the front yard by a fence, landscaping, or wall that is otherwise
permitted by Zoning and Building Codes. Multi - family developments, condominium
projects, and other common interest residential units which are approved for individual
waste wheelers shall remove waste wheelers from the common area visible from the
public right -of -way in accordance with this section. Multi- family projects with shared
bin service shall utilize approved enclosure locations consistent with project approvals.
B. 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.
C. 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.
D. 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.
Ordinance No. 1579 (2012 Series)
Page 9
E. 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.
F. Trees, weeds, or other types of vegetation that are dead, decayed, infested, diseased,
overgrown, or harbor rats or vermin and are visible from a public right -of -way. For the
purpose of this chapter, "overgrown" is limited to lawns or 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.
G. 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.
H. 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.
I. Maintenance of property in such condition as to be detrimental to the public health,
safety, or general welfare in such a manner as to constitute a public nuisance as
defined by Civil Code Section 3480. (Ord. 1412 — 2002 Series)
SECTION 7. Chapter 17.17.080 of the City of San Luis Obispo's Municipal
Code is replaced and amended to read as follows:
17.17.080 Prohibited acts.
A. Unlawful Acts. It is unlawful for any person, firm, or corporation that owns, occupies
or controls property in the City of San Luis Obispo to maintain or fail to maintain such
property in violation of Sections 17.17.040, 17.17.050, 17.17.055, 17.17.060, or
17.17.070, or 17.17.075 of this Chapter.
B. Type Of Offense. Any person who violates Sections 17.17.040, 17.17.050, 17.17.055,
17.17.060, 17.17.070, or 17.17.075.A, or 17.17.075.0 -H, 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. (Ord. 1412 — 2002 Series)
SECTION 8. Chapter 17.100.17. Front Yard. of the City of San Luis Obispo's
Municipal Code is replaced and amended to read as follows:
Front Yard. The area of a residential lot that lies between the street property line and the
walls of any residences that face the street. (Ord. 1277, 1995) The front yard area includes
the entire yard extending across the full width of a site, the depth of which contains all
areas between the front property line back to the walls of the building which are parallel or
generally face the front property line.
Ordinance No. 1579 (2012 Series)
Page 10
SECTION 9. Municipal Code section 10.36.233. Parking in Yard. of the City of
San Luis Obispo's Municipal Code is hereby repealed.
SECTION 10. Severability. If any subdivision, paragraph, sentence, clause, or
phrase of this ordinance is, for any reason, held to be invalid or unenforceable by a court
of competent jurisdiction, such invalidity or unenforceability shall not affect the validity
or enforcement of the remaining portions of this ordinance, or any other provisions of the
City's rules and regulations. It is the City's express intent that each remaining portion
would have been adopted irrespective of the fact that any one or more subdivisions,
paragraphs, sentences, clauses, or phrases be declared invalid or unenforceable.
SECTION 11. A summary of this ordinance, together with the names of
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 15th day of May 2012, AND FINALLY ADOPTED by
the Council of the City of San Luis Obispo on the 5th day of June 2012, on the following
vote:
AYES: Council Members Ashbaugh, Carter and Smith, and Mayor Marx
NOES: Vice Mayor Carpenter
ABSENT: None
Mayo an Marx
ATTEST:
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Sheryl Schroeder
Interim City Clerk
APPROV I D TO FO
istine Dietrick
City Attorney