HomeMy WebLinkAboutR-10662 Denying Appeal of Planning Commission Decision - Vehicle Parking in the Front YardRESOLUTION NO. 10662 (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.
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Resolution No. 10662 (2015 Series)
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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 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 Vice Mayor Ashbaugh, seconded by Council Member Christianson, and
on the following roll call vote:
AYES: Council Member Christianson, Vice Mayor Ashbaugh, and Mayor Marx
NOES: Council Members Carpenter and Rivoire
ABSENT: None
The foregoing resolution was adopted this 1 st day of September, 2015.
(ainmw
May'orY Marx
ATTEST:
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Resolution No. 10662 (2015 Series) Page 3
APPROVED AS/+O FORM:
J. iChristiufe-7M'etrick
ty
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 _ z� i 5
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