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Home My WebLink AboutItem B2 - Staff Report 210 Grand AveMeeting Date: May 29, 2018 Item Number: 2X1 ADMINISTRATIVE REVIEW BOARD AGENDA REPORT SUBJECT: Appeal of Administrative Citation for Front Yard Parking PROJECT ADDRESS: 210 Grand BY: Daniel Liddell, Code Enforcement Technician Phone Number: (805) 781-7591 E-mail: dliddell@slocity.org FROM: Cassia Cocina, Acting Code Enforcement Supervisor RECOMMENDATION: Uphold the Administrative Citation for front yard parking. SITE DATA SUMMARY On January 10, 2018 during a routine patrol, the Code Enforcement Technician noticed possible violations at 210 Grand. The officer documented the residence lacked premise identification and two vehicles were parked in the front yard. Front yard 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.” (Attachment 1) Code Enforcement Technician Liddell sent a Notice of Violation (NOV) to the property owner and resident. In addition, the NOV was posted on site that afternoon. The follow-up inspection on January 29, 2018, cleared the premise identification violation, however a vehicle was still parked in the area considered the front yard. On January 31, 2018, the first administrative citation (#12048) was issued for the continued violation of front yard parking. This citation was paid on February 12, 2018. (Attachment 2) Appellant Roger Zanetti, Owner Zoning R-1 Appeal Submittal April 27, 2018 General Plan Low Density Residential Site Area ~5,980 Square feet Code Violation SLOMC §17.17.055 Administrative Review Board Meeting of May 29, 2018 Item B2 - Administrative Citation Appeal Staff Report – 210 Grand May 7, 2018 Page 2 A follow-up inspection was conducted on February 12, 2018. The property was still in violation for front yard parking and a second administrative citation (#12156) was issued for non-compliance. The citation was paid on March 5, 2018. (Attachment 3) On February 26, 2018, Code Enforcement Technician inspected the property and found the property compliant and closed the case. During regular patrol on March 2, 2018, the Code Enforcement Technician noted that the property was in violation for front yard parking. A separate code case was opened, and a third administrative citation (#12358) was issued on March 5, 2018 (Attachment 4). This citation is still outstanding. A follow up inspection on March 16, 2018 found the property in compliance and the code case was closed. 1.0 BOARD’S PURVIEW The role of the Administrative Review Board is to either uphold or revoke the administrative citation based upon a conclusion of whether the violation occurred. San Luis Obispo Municipal Code 1.24.130 2.0 PROJECT INFORMATION 2.1 Site Information/Setting The subject property is located on Grand Avenue in San Luis Obispo. The immediate neighborhood consists of single family homes. According to the San Luis Obispo County Assessor’s Office, the two-bedroom residence was constructed on the property in 1952. Site Size ~5,980 Present Use & Development Single-family residence Access Hays Surrounding Use/Zoning North: R-1 (Single-family residences) South: R-1 (Single-family residences) East: R-1 (Single-family residences) West: PF (School) 2.2 Background January 10, 2018 During regular patrol, the Code Enforcement Technician noticed premise identification missing from the house and a vehicle parked in the yard. Code Enforcement Technician Liddell sent a Notice of Violation (NOV) to the property owner and resident. In addition, the NOV was posted on site that afternoon. January 29, 2018 Code Enforcement Technician Liddell conducted a follow up inspection. It was noted that the premise identification was present, however a vehicle was still parked in the front yard. Administrative Review Board Meeting of May 29, 2018 Item B2 - Administrative Citation Appeal Staff Report – 210 Grand May 7, 2018 Page 3 January 31, 2018 The first administrative citation was issued for the continued violation of front yard parking. February 2, 2018 Received payment for citation #12048. February 12, 2018 A follow-up inspection was conducted, and it was determined that the property was still in violation and a second administrative citation was issued for non-compliance. February 26, 2018 Code Enforcement Technician Liddell inspected the property and found it compliant and closed the case. March 2, 2018 Routine patrol showed property was in violation for front yard parking and a new code enforcement case was opened. March 5, 2018 Third administrative citation issued for front yard parking. March 16, 2108 Follow up inspection conducted, and property was compliant. The code case was closed. April 27, 2018 The property owner, Roger Zanetti, filed an Administrative Citation Appeal and requested a formal appeal to the Administrative Review Board. 2.3 Appeal The Appellant refutes the applicability of the violations stating Front Yard Parking- San Luis Municipal 17.17.055– See attachment 5– Appeal request 3.0 APPEAL EVALUATION 3.1 Consistency with Zoning Regulations In June 2005, permit # 20223 was issued to Roger Zanetti. The permit was for a demolition of an existing carport and new 3-car carport. (Attachment 6). The approved plans show two variations for the 3-car carport; a side loading carport and a front- loading carport, both to be accessed off Hays Street (Attachment 7). The one sheet plan shows parking only within the carport area. Parking is not indicated in other areas. In addition, a letter sent by Mr. Zanetti to Planning, stated that the three tenants with cars are to park in the carport. Administrative Review Board Meeting of May 29, 2018 Item B2 - Administrative Citation Appeal Staff Report – 210 Grand May 7, 2018 Page 4 (Attachment 8) The permit was finaled on July 27, 2006. 4.0 CONCLUSION The approved plans for the 3-car carport that was issued in June 2005, indicates that the parking was limited to the carport and did not extend into the paved area. The residence is located on a corner lot and by definition, the area that the vehicles were parked on, was the front yard. In 1994, the City adopted Ordinance 1264 which amended Chapter 10 of the San Luis Obispo Municipal Code. Section 10.36.233 was added which prohibited yard parking. It states “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 Section 17.16.020 and Section 12.38.040 of this Municipal Code. Parking on lawfully established driveway leading to approved parking spaces is exempt from this prohibition, provided such allowed driveway parking does not include parking on or over a public sidewalk. Any violation of this section shall be a civil penalty.” (Attachment 9) In 2012, this ordinance was repealed from Chapter 10 of the and replaced with Ordinance 1579 which added Chapter 17.17.055 Front Yard Parking. (Attachment 10) At the time the new carport was constructed, the City had a municipal code in place that prohibited front yard parking. By continuing to park vehicles outside of the approved carport, the property is in violation of front yard parking. 5.0 ALTERNATIVES 1. Grant the appeal based on different or modified findings. 2. Uphold the violation. 6.0 ATTACHMENTS 1. 2004 Planning Definition – Front Yard Parking 2. Payment Receipt for Administrative Citation 12048 3. Payment Receipt for Administrative Citation 12156 4. Citation 12358 5. Appeal Request 6. Construction Permit 20223 7. Approved Plans 8. Letter - June 12, 2005 9. Ordinance 1264 Section 10.26.233 10. Zoning Regulations – Front Yard Parking 17.17.55 Administrative Review Board Meeting of May 29, 2018 Item B2 - Administrative Citation Appeal City o� san LUIS OBISPO zonmq Requt.at1ons June 2004 Electronic game /Electronic game amusement center. "Electronic game" means a coin-operated machine or device offered to the public as a game or amusement, the object of which is to achieve a high or low score based on the skill of the player. "Electronic game amusement center" means any premises having thereon available four or more electronic games. See also Chapter 5.52, electronic game amusement centers. (Ord. 946 -3. 1983: prior code -9204.11 (part)) Existing topography. "Existing topography'' means the natural unaltered topography or the topography resulting from grading activity legally permitted in conjunction with subdivision improvements, right-of-way improvements, or previous on-site building improvements. (Ord. 1365 (2000 Series )(part)) Extended Hour Retail. A business that is open to the public between the hours of 2 a.m., and 6 a.m. F.Definitions, "F." Festival (or carnival or fair). "Festival" (or "carnival" or "fair") means a temporary public or commercial gathering where entertainment, food, crafts, and the like are offered for viewing or sale. Gatherings on public property under the sponsorship or control of the city are excluded. (Ord. 941 - 1 (part), 1982: prior code -9204.11 (part)) Fitness/Health Facility. Fitness centers, gymnasiums, health and athletic clubs including any of the following: indoor sauna, spa or hot tub facilities; indoor tennis, handball, racquetball, archery and shooting ranges and other indoor sports activities. Floor area ratio. The gross floor area of a building or buildings on a lot divided by the lot area. (Ord. 1365 (2000 Series)(part)) Fraternity house (or sorority house). "Fraternity house" (or "sorority house") means residence for college or university students who are members of a social or educational association and where such an association holds meetings or gatherings. (Ord. 941 - 1 (part), 1982: prior code -9204.11 (part)) 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) Fuel Dealer. A retail trade establishment that sells fuel oil, butane, propane and liquefied petroleum gas (LPG), bottled or in bulk, to consumers, as the primary use of the site. Does not include the sale of these fuels as an accessory use to a service station. Furniture/Fixtures Manufacturing, Cabinet Shop. Manufacturers producing: wood and metal household furniture and appliances; bedsprings and mattresses; all types of office furniture and public building furniture and partitions, shelving, lockers and store furniture; and miscellaneous drapery hardware, window blinds and shades. Includes wood and cabinet shops, but not sawmills or planing mills, which are instead included under "Manufacturing - Heavy." Furniture, Furnishings and Appliance Store. A store that primarily sells the following products and related services, that may also provide incidental repair services: computers and computer equipment draperies paqe 12s large musical instruments lawn furniture Attachment 1 Administrative Review Board Meeting of May 29, 2018 Item B2 - Administrative Citation Appeal INVOICE TO: LORIN ZANETTI Po Box 67 Nipomo, CA 93444 INVOICE NUMBER INVOICE DATE INVOICE DUE DATE INVOICE STATUS INVOICE DESCRIPTION 00012048 01/31/2018 03/02/2018 210 Grand- 1st Admin- Front yard parking Paid In Full REFERENCE NUMBER DESCRIPTION TOTAL CODE-000981-2018 NSS 1st Admin Citation $50.00 $50.00 SUB TOTAL TOTAL $50.00 May 17, 2018 Page 1 of 1 Attachment 2 Administrative Review Board Meeting of May 29, 2018 Item B2 - Administrative Citation Appeal INVOICE TO: LORIN ZANETTI Po Box 67 Nipomo, CA 93444 INVOICE NUMBER INVOICE DATE INVOICE DUE DATE INVOICE STATUS INVOICE DESCRIPTION 00012156 02/13/2018 03/15/2018 210 Grand- 2nd Admin- Front yard parking Paid In Full REFERENCE NUMBER DESCRIPTION TOTAL CODE-000981-2018 NSS 2nd Admin Citation $100.00 $100.00 SUB TOTAL TOTAL $100.00 May 17, 2018 Page 1 of 1 Attachment 3 Administrative Review Board Meeting of May 29, 2018 Item B2 - Administrative Citation Appeal INVOICE TO: LORIN ZANETTI Po Box 67 Nipomo, CA 93444 INVOICE NUMBER INVOICE DATE INVOICE DUE DATE INVOICE STATUS INVOICE DESCRIPTION 00012358 03/05/2018 04/04/2018 210 Grand- 3rd Admin- Front yard parking Due REFERENCE NUMBER DESCRIPTION TOTAL NSS-001096-2018 NSS 3rd Admin Citation $200.00 $200.00 SUB TOTAL TOTAL $200.00 May 17, 2018 Page 1 of 1 Attachment 4 Administrative Review Board Meeting of May 29, 2018 Item B2 - Administrative Citation Appeal RECEIVED A H F\j,vf1t ,a Administrative Citation Appeal F ol!....!1.J�o-!::c:.:...:.1r__;__v -=-=cL=ER'-""-K;........, This request to appeal must be received by the City Clerk within 1 O days of date of the citation to be considered timely filed. Please submit any sj'fporting documents or photos with this form. 1.Appellant.@./Mrs./Ms. Name -,�--'=�r-+-':::....r __ -2,___:;,.'ft_.Jl,c...6f_..._'1"._'I ___________ _ Phone t;oS-c&tJ ... (£)1)3 Email _--.J ___________ _ Mailing Address f ()' &� 6 "T City It/, fY'Mo (lf�pplicable) ::;;_ ��--U ....,? _d.Business Name r� �Rt/.ff� 2.Interest in Citation. (Place X in front of selection) State __.._C�/l' __ ZipCode C/�9f> Business License# 099��d V:. Charged personally _B. Charged as the __ c. Acting as the legally authorized Agent owner of the property of the cited business or homeowner 3.Administrative Citation. Date of Citation!lor, �Jii}()Ja Citation Number j ;).fi5'6' Address of property cited or location where an individual was cited: Citation Address ;}., /0 � (}ll(._,, City 2A:11 lm1 Ob1fi¥;State CA ZipCode 9�'/oS: Municipal code section(s) violated: __ /....;;7....;;,._/--''J'--, of___..;;_5 _____________ _ Code violation(s) being appealed: _/-'-7_,....:/_.?._,--:0'--�..a�--------------- 4.Reason for appeal.Give a brief statement of why you are appealing and why the notice of violation/administrative citationshould be revoked, modified or otherwise set aside. The AMOUNT of the fine cannot be reduced on appeal. Attach additional sheets as necessary. Any documents or photos you wish to submit in support of your appeal should be included with this form. (number of sheets attached ) Questions about this form or the appeal process? Contact the City Attorney's Office at Room 10, City Hall (990 Palm Street) or (805)781-7140 Attachment 5 Administrative Review Board Meeting of May 29, 2018 Item B2 - Administrative Citation Appeal Administrative Review Board Meeting of May 29, 2018 Item B2 - Administrative Citation Appeal Cl LY o,-isan lUIS OBIS1q0. .... ""'-Building & Safety Division• 990 Palm Street• San Luis Obispo, CA 93401-3�<+::J • (805) 781-7180 Constructjon Permit Project Address 210 GRAND Assessor's Parcel N_u_m_b_e_r ___ o�5'""'2--1-1""6--o,--1'""'3 ________ _ Project Description 3 VEHICLE CARPORT/ DEMO EXISTING CARPORT Permit Type X Building ___ Mechanical X Property Owner ZANETTI ROGER G ETAL Mailing Address PO BOX 67 ------------------City/St ate/Zip NIPOMO CA, 93444-0067 Contractor OWNER Mailing Address ------------------ City/State/Zip Project Manager TOM KOWALS KI Lender Name ------------------ U.B.C. Group R-3 U.B.C. Type_V_-N ____ _ Legal Description CY SLO TALR TR PTN LT 1&2 Electrical Plumbing Sign Occupant/Business Name --- Demolition ___ Grading Architect/Engineer ------------------- License# Contractor's Phone No. Contractor's State Lie. No. Project Manager's Phone No. 541-9270 Lender Address _.:...:....;_..:..::,;..:_ _____________ _ Stories NEC 1 Census number 434 Residential Alteration or Addition Codes: UBC Motel Rooms O Dwelling Units O ----------------Valuation -�;;;;�------------- Residential Garage/Carport Alteration or Addition Building Permit Plumbing Permit Mechanical Permit Electrical Permit Grading Permit S.M.I.P. Energy Surcharge Accessibility Surcharge Demolition Permit Sign Permit Fees Misc Charge/Credit 0.00 Administrative Permit Investigation Fees MicrofilmSubtotal 236.29 Building Plan Review Fee Fire Safety Plan Review Plan Review Subtotal 0.00 Development Review Fee Fire Safety Surcharge Construction Unit Tax/Plan Preparation Water Impact 0.00 Area - Water Meter Installation Wastewater Impact Traffic Impact Affordable Housing Public Art 0.00 Area - Area - 207.55 0.00 0.00 27.67 0.00 1.07 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 236.29 Code Enforcement Park Improvement Total Fees Balance Due P t 0.00 .,_____ aymen s -----.. Payment#1 Total Paid Amount � Receipt 236.29 06/17/05 20952 236.29 Application NumberQ50563 Application Date 06/17/05 Permit Number 20223 Issuance Date 06/17/05 Address File 642 Sq Ft@ $16.60 $10,657.00 Total Building Value $10,657.00 -----Legal Declara tions----- 1.OWNER BUILDING DECLARATION:I am exempt from the contractor's License Law for the following reason: rll I, as owner of the property, or my employees with wages as their sole rompensation will do the work and the structure is not intended or offered for sale. D I, as owner of the property, am exclusively contracting with licensed contractors to construct the project. � Not applicable. 2.WORKER'S COMPENSATION DECLARATION:I hereby affirm that I have a certificate of consent to self-insure, or a 'certificate of Workers' Compensation insurance, or a certified copy hereof § Certified copy is hereby furnished. Certified copy is filed with the City. Not applicable 3.CERTIFICATE OF EXEMPTION FROM WORKERS COMP. INSURANCED I certify that in the performance of the work for which this permit is is�d, I shall not employ any person in any manner so as to become subject to the �rker's Compensation Laws of CaliforniaQ!l Not applicable NOTICE TO APPLICANT: If, after making any of the foregoing declarations, you become subject to any Labor Code or License Law provision, you must comply with such provisions or this permit shall be deemed revoked. I certify that I have read this application and state that the above information is correct, I agree to comply with all city ordinances and state laws relating to building construction, and hereby authorize representatives of this city to enter upon the above-mentioned property for inspection purposes. Unless noted under "Special Conditions", this permit becomes null and void if work or construction authorized is not started within 180 days, or if construction or work is suspended or abandoned for a period of 180 days any time after work is commenced. Special Conditions: Comments: Date Attachment 1Attachment 1 Attachment 6 Administrative Review Board Meeting of May 29, 2018 Item B2 - Administrative Citation Appeal . �· �. • ,• I• ·�1 -t-1-lr-----.l .j,�r �i "t- -� ..·..:--=,::---'>lf--.,;;..==ifol--1--.,h---'====d....L-.;- :.i .. , ! . f,.:- I I j to--===\--- -,:! 1..--i ; 'Ot•'" 'i!1B . --'-=-=� i I..;..,":;;; � i � ... ,.oz·��-;_ i,. I;� . : . "I : !,f'cS£_J if± 1 ..... , ,. l .. ::,_ . � ' ' I" I . ·. � -r ---\�, --.... z .5:�· ,, :::1 9-9 '57[1 'c,-:;,.o:Jl:'"7rl X"'C .'w,.;, �,\l-t::T-!'Ll,.'•'a,) .. ::,c.:115:l-�.I i·,.'t':",...,t •b-"iZ, ·�f ----r- --· -----_.-�I 1i, ---H· •"': ---1 l�-·.J� . !: t 1-, -1:I Li I l I �� ;!j Jq 2 "" F [:}7-I -. • ,c . , .... � r, ., ., :-.;j ' :0, ,.: .• -, / . '"U� ,c;�.,f;".cJJ�.-·\;'JtTC_,;� �-� � ..2 0r' \J I� l;I ?: .·, G') � L. ! i )'• ' " :lS � "� ,..! ;-}, ·� l, .... �. 6 .,. �-•, "· 1' �--' ·l -'I '.I gi ·' .. -:� .J \ I -.,, -..,J ';) LJ -1-.: Attachment 7 Administrative Review Board Meeting of May 29, 2018 Item B2 - Administrative Citation Appeal "'R. BUZZ iV\LY.0,JSiCT CI'I'Y CF SAN LlJIS 03I5f0 .IE: 210 C.i.'lJl..:-m AV:'.:;NUE ;;JA,�,; LG.IS CBT::iPO, CA 9}+<:' 5 c:�;}:STB.UCTION P'.fJ:t<IT I A�- /� ;:(CTlNO r:-:r J.�:T�:?�:�C� .. �CI f�.1 C 21 Ci (1�.1A?�) A'.f:i:DD"i �SA:.: LJ:3 Oi:Is�: o, GA, J�:_nJ T�� ;TS, ,- .\-.I � ... ,,. Attachment 8 Administrative Review Board Meeting of May 29, 2018 Item B2 - Administrative Citation Appeal ORDINANCE NO. 1264 (1994 SERIES) AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING MUNICIPAL CODE SECTIONS 10.36.170 (DESIGNATION OF RESIDENTIAL PARKING PERMIT AREAS--ADOPTION), 10.36.180 (DESIGNATION OF RESIDENTIAL PARKING PERMIT AREA--CONTENT), 10.36.200 (LIMITATIONS ON PARKING IN RESIDENTIAL PERMIT PARKING AREA), 10.36.220 (RESIDENTIALPARKING PERMIT- ISSUANCE), 10.36.230 (RESIDENTIAL PARKING PERMITS--DISPLA Y), AND DELETING SECTION 10.36;210 (APPLICATION--FEE), AND ADDING SECTIONS 10.36.221 (LOST, STOLEN, OR DEFACED PERMIT REPLACEMENT), 10.36.232 (ENFORCEMENT), AND 10.36.233 (PARKING IN YARD) BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Section 10.36.170 of the San Luis Obispo Municipal Code is hereby amended to read as follows: 10.36.170 Designation of residential parking permit areas--Adoption of resolution. A.The Council may, by resolution, designate an area of the city as a residential parking permit 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 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 of persons residing in the area� B.In determining whether limiting the parking of vehicles along the streets in the area to vehicles registered to or controlled and used exclusively by persons residing in the area is necessary in order to preserve the quality of life of persons residing in the area, the Council shall consider the affect of vehicles parked by persons not residing in the area on ambient noise levels, air pollution levels, and other environmental characteristics· of the area; pedestrian and vehicular traffic safety in the area; and the burden on persons residing in the area in gaining access to their residences. (Prior code section 3209.17) EXHIBIT A / Attachment 9 Administrative Review Board Meeting of May 29, 2018 Item B2 - Administrative Citation Appeal Ordinance No. 1264 (1994 Series) Page Two C. The Council. may, by resolution, designate an area of the city as a residential parking permit area after holding a public hearing and making a finding that the establishment of the district represents the desire of a majority of the residents of the area. The hearing on any such resolution should only be held after the Council receives a request, in a form acceptable to the Council, from a majority of the residents of the area. SECTION 2. Section 10.36.180 of the San Luis Obispo Municipal Code is hereby amended to read as follows: 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 -when parking will be limited to those vehicles. (Prior code section 3209.18) SECTION 3. Section 10.36.200 . of the San Luis Obispo Municipal Code is hereby amended to read as follows: 10.36.200 Limitations on parking in a residential permit parking area. It is unlawful for any person to stop, stand, or park a vehicle on any street identified in a resolution adopted by the Council designating a residential permit parking area during the hours and on the days set forth in such resolution except: A: Those vehicles described in Section 10.36.180 displaying a valid permit issued as provided for by Section 10.36.220 and parked within the street block in front of the residence to which the permit is issued or within one adjoining district block; or Administrative Review Board Meeting of May 29, 2018 Item B2 - Administrative Citation Appeal Ordinance No. 1264 ( 1994 Series) Page Three B. Any emergency vehicle, including, but not limited to, an ambulance, fire engine, or police vehicle; or C. A vehicle with commercial plates which is under the control of a person, who does not reside within the district, providing service for hire to property located in the designated residential permit parking area, including but not limited to a delivery vehicle. (Prior code section 3209.20) D. District residents wishing to sponsor special one -day events which will exceed the number of parking permits available may contact the City Parking Manager and request a temporary, special -event exemption to the residential permit requirement. If the temporary exemption is granted by the Parking Manager, all vehicles which have as their destination a qualified residential permit address, shall display in clear view on the dashboard, written confirmation of the street address and date and time of the event. Further, special events shall be deemed infrequent occurrences and any regular requests for parking permit exemption will not be authorized. This section shall not be interpreted to allow the daily parking of vehicles. Any vehicle not displaying the proper or authorized identification shall be subject to citation. SECTION 4. Section 10.36.220 of the San Luis Obispo Municipal Code is hereby amended to read as follows: 10.36.220 Residential parking permit -- Issuance. Annually, the Director of Public Works shall issue two residential parking permits to the registered property owner, or the registered property owner's representative, as authorized in writing, of each property shown with a unique number on the latest County of San Luis Obispo assessment role within each residential parking permit area established by resolution as set forth in Section 10.36.180. Qualified residences that have multiple, separate dwelling units, shall be Administrative Review Board Meeting of May 29, 2018 Item B2 - Administrative Citation Appeal Ordinance No. 1264 (1994 Series) Page Four eligible for additional permits providing the total number of permits issued to one parcel does not exceed twice the number of residential dwelling units on the parcel. All parking permits may be picked up in person at the office of the City Parking Manager or will be mailed to the address of the property on written request of the property owner. Parking permits may be transferred by the residents to any vehicle that is to be parked on the street and will be recognized by the City providing they are displayed clearly. The parking permits shall be issued annually and shall be free of charge. The permits shall be considered part of the residential property and shall be transferred to the new property owner upon sale of the residence. SECTION 5. Section 10.36.221 is hereby added to the San Luis Obispo Municipal Code to read as follows: 10.36.221 Lost, stolen, or defaced Permit Replacement Any permit lost, stolen, defaced or otherwise altered shall be deemed invalid and a replacement permit shall be issued to the qualified property owner for a fee of $15.00. If the replacement permit is again lost, stolen, or defaced, a replacement permit will be issued for a fee of $25.00. No additional replacement permits shall be issued within a 12 -month period. All permits shall be picked up by the property owner or a representative authorized in writing by the registered property owner,. with proof of identification, at the office of the City Parking Manager. The property owner or a representative authorized in writing by the owner shall certify that the original permit was lost, stolen, or in the case of damaged permits shall submit the damaged permit, stating the permit shall be used by qualified residents and their bona fide visitors. Administrative Review Board Meeting of May 29, 2018 Item B2 - Administrative Citation Appeal Ordinance No. 1264 (1994 Series) Page Five Any resident and /or property owner found to misrepresent themselves for the purposes of fraudulently obtaining residential parking permits shall lose their right to said permits and no permits will be issued to the residence until the beginning of the next permit year and shall be guilty of an infraction. SECTION 6. Section 10.36.230 of the San Luis Obispo Municipal Code is hereby amended to read as follows: 10.36.230 Residential parking permits -- Display required. Parking permits issued under Section 10.36.220 shall be displayed on a vehicle in a manner prescribed by the Director of Public Works. (Prior code section 3209.23) The method of display shall be clearly stated on the rear of the permit. SECTION 7. Section 10.36.232 is hereby added to the San Luis Obispo Municipal Code to read as follows: 10.36.232 Enforcement Enforcement of the residential parking permit district 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. SECTION 8. Section 10.36.233 is hereby added to the San Luis Obispo Municipal Code to read as follows: 10.36.233 Parking in Yard No person shall stop, park, or leave standing any vehicle, whether attended or Administrative Review Board Meeting of May 29, 2018 Item B2 - Administrative Citation Appeal Ordinance No. 1264 (1994 Series) Page Six unattended, within any street yard or upon any unpaved surface as defined in Section 17 .16. 020 and Section 12.38.040 of this Municipal Code. Parking on lawfully established driveways leading to approved parking spaces is exempt from this prohibition, provided such allowed driveway parking does not include parking on or over a public sidewalk. Any violation of this section shall be a civil penalty. SECTION 9. A summary ·of this ordinance, approved by the City Attorney, together with the ayes and noes, shall be published at least five (5) days prior to its final passage in the . Telegram-Tribune, a newspaper published and circulated in said City, and the same shall go into effect at the expiration of thirty (30) days after its said final passage. A copy of the full text of this ordinance shall be on file in the office of the City Clerk on and after the date following introduction and passage to print and shall be available to any interested member of the public. INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo at a meeting held on the �hday of May , 1994, on motion of Roalman seconded by ___ R_a _p_pa _____ , and on the following roll call vote: AYES: NOES: ·ABSENT: ATTEST: APPROVED: Council Members.Roalman, Rappa, Romero, Settle and Mayor Pinard None None (2 � Mayor� Administrative Review Board Meeting of May 29, 2018 Item B2 - Administrative Citation Appeal Ordinance No. 1264 (1994 Series) FINALLY PASSED this 7th day of of Romero June , 1994, on motion seconded by Rappa and on the following roll call vote: AYES: Council Members Romero, Rappa, Roalman and Settle NOES: None ABSENT: Mayor Pinard Mayor Peg P and ATTEST: City lerk Diane Gl' well Administrative Review Board Meeting of May 29, 2018 Item B2 - Administrative Citation Appeal 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 17.100.060 and shown in Figure 9.7a. No person shall stop, park, or leave standing any vehicle, whether attended or unattended, unless consistent with the provisions of this section. Figure 9.7a 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 9.7b 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. Figure 9.7b San Luis Obispo Municipal Code 17.17.055 Front yard parking.Page 1 of 4 Attachment 6 Attachment 10 Administrative Review Board Meeting of May 29, 2018 Item B2 - Administrative Citation Appeal 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 subsection B of this section. Vehicle parking next to driveways, whether paved or unpaved, is prohibited. (See Figures 9.7c and 9.7d.) Figure 9.7c 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. (See Figure 9.7d.) Figure 9.7d 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 subsection (B)(3) of this section (tandem parking). (See Figure 9.7e.) San Luis Obispo Municipal Code 17.17.055 Front yard parking.Page 2 of 4 Administrative Review Board Meeting of May 29, 2018 Item B2 - Administrative Citation Appeal Figure 9.7e 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 9.7f 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: 1. 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 eighteen and one-half feet) and vehicles may not be parked to overhang the sidewalk or property line into the public right-of-way. 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 9.7f. Single Car Driveway E. Legal Nonconforming 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 subsection B of this section; or, in cases where pavement surfacing has been constructed to provide parking in conformance with San Luis Obispo Municipal Code 17.17.055 Front yard parking.Page 3 of 4 Administrative Review Board Meeting of May 29, 2018 Item B2 - Administrative Citation Appeal Section 17.16.020(D)(8) (parking in “other yards”) prior to the adoption of this section, such parking shall be considered a legal nonconforming 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 subsection B of this section and shall not be deemed a nonconforming use. (Ord. 1579 § 5, 2012) San Luis Obispo Municipal Code 17.17.055 Front yard parking.Page 4 of 4 Administrative Review Board Meeting of May 29, 2018 Item B2 - Administrative Citation Appeal