HomeMy WebLinkAbout02/19/1991, 5 - STREET NAMING PROCEDURES CLARIFICATION MEETING DATE:
i;i city of San tuts OBISpo 2- . ,
W11!, REM NUMBER:
COUNCIL AGENDA REPORT
FROM: Arnold Jonas, Community Development Director 0
BY: Judith Lautner, Associate Planner
SUBJECT: Street naming procedures clarification
CAO RECOMMENDATION:
Determine that the existing ordinance is adequate and does not need
changing at this time, stipulating that petitions seeking name changes
are to contain names of owners or residents of affected properties, but
not both, for an individual property.
BACKGROUND
After review of a street name change request recently, which raised some
questions about the city's requirements, the council asked for a
resolution clarifying or affirming the city's street name change policy.
This report explains the procedure and how it has been followed.
Data Summary
Address: Citywide
Applicant: City of San Luis Obispo
EVALUATION
1. History. The city adopted chapter 12.32 of the Municipal Code,
"Street Name and Address Regulations", in 1982. The regulations were
based on similar regulations adopted by the county, and include the
same requirement for street name changes initiated by a property owners
of adjoining property:
" . . .When a naming or renaming is initiated by a property owner,
the petition must be signed by owners or tenants representing at
least two-thirds of the parcels, dwelling units or businesses
located along the affected street segment."
Since 1982, street name changes have typically been initiated by the
city, to resolve public safety issues. For example, the southerly
portion of Osos Street, located near Terrace Hill, was renamed
"Jennifer Street" because the two street segments were not connected
and were not expected to connect in the near future. Naming the
segments differently assists the emergency services in locating
streets quickly.
Three street name changes were initiated by a property owner: The
property owner of two small private streets in the city initiated
street name changes for them prior to occupancy of any of the homes
on the streets (John French - Terrace Hill condominiums) . Since there
was only one property owner in these cases, no petition was necessary.
Property owners along Cucaracha Court submitted an application in
September 1990 for the third property owner-initiated name change.
This was the first application in the city for a name change initiated
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COUNCIL AGENDA REPORT
Street naming procedures - Page 2
by persons who lived on the street to be changed. They submitted a
petition, in accordance with the above street naming requirements,
signed by persons representing 2/3 of the property on the street.
After hearing of the proposed name change, other residents of the
street submitted another petition opposing the name change. Some of
the addresses on the street were on both petitions.
The Planning Commission denied the name change. The applicants
appealed that decision. However, on the night of the hearing, prior
to action, the appellants/applicants withdrew the request. Some of
the residents or property owners who had originally signed the
petition in support of the name change had withdrawn their support.
The applicants felt the application was no longer valid because of
this change. The City Council accordingly denied the name change.
Another issue raised in public testimony on this particular name
change request was the use of Hispanic names. The Community
Development Department's Policies and Procedures Manual noted that
"Spanish names are no longer encouraged". A copy of this procedure
was provided to the applicants, at their request. The ordinance
(attached) neither encourages nor discourages Spanish names. Instead,
it lists criteria for acceptable names. Unfortunately, the applicants
for the Cucaracha Court street name change apparently interpreted the
procedures manual comment as meaning that a Spanish name would be
rejected, and therefore did not submit any for consideration. The
opponents interpreted the applicants' action as discriminatory.
2 . Is there a problem with the petition requirement? City staff's
experience with petitions asking for name changes is limited to one
case. Therefore, we called members of the county street naming staff,
since the city's ordinance was modelled after the county's.
The county ordinance has exactly the same petition requirement.
County staffers said they have never experienced the situation where
opposing petitions contained names representing the same property.
Because they deal with a large number of name change requests,
however, county staffers by policy have modified the ordinance
requirement. They give preference to residents over non-resident
property owners. Where a street contains several lots, and some of
the lots are undeveloped, the petition only needs to contain names of
residents living on developed property (the undeveloped property is
treated as if it doesn't exist) . This procedure has worked well for
that agency.
The county staff say they give preference to residents because they
feel that residents have more at stake when a street name is changed,
since they have to contend with changing their addresses. However,
non-resident property owners are also affected, as they have a
monetary commitment to the property beyond what a tenant has, as well
as having similar address change concerns relative to their ownership.
In most cases, owner concern with these factors extend over a greater
length of time given the transient nature of tenant residency. They
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WMiGm COUNCIL AGENDA REPORT
Street naming procedures - Page 3
may intend to live on the property eventually, and in the meantime may
be leasing it to others. They must deal with lease agreements and
property records which need to be changed when a street name is
changed.
Conflicting representation problems would be reduced by restricting
petition-signers to residents only, regardless of property ownership,
or by allowing only property owners to sign the petition, or allowing ,
one or the other to represent the property, but not both. The
representation decision would be made privately, between the parties. .
Staff has provided draft ordinance revisions (attached) with these
proposed changes. Since city experience is limited, however, it may
be more appropriate to make no changes at this time, except to verify
that owner or tenant, but not both, may represent a given property.
3. Now is the petition used? A secondary issue related to the petition
requirement is how that petition is to be used. The petition
requirement is intended to eliminate "frivolous" requests. If an
applicant, to submit a complete application, is required to obtain
several signatures on a petition, they are more likely to have valid
concerns about the present street name. Once the petition is received
and the 2/3 requirement verified, the application is deemed to be
complete and processing of the request begins.
The applicants/appellants in the recent case assumed that the
withdrawal of names from their petition prior to the council hearing
made their application invalid. Staff did not draw that conclusion
nor so advise the applicants.
To avoid future misunderstandings of this sort, the department's
street naming procedure has been modified to clarify that the petition
is required for a complete application, and the application should be
processed regardless of future reversals of sentiment either way. Any
changes in the various property's representation will be reported to
the Planning Commission, or City Council in the event of an appeal.
As with any other application, the application for a street name
change must be decided on its own merits, rather than by the number
of names on a petition.
County staff's use of petitions follows this philosophy. Once the
petition is received, action on the name change proceeds unless
specifically withdrawn by the applicant.
4 . The Spanish issue. Since the misunderstanding about the use of
Spanish names resulted from wording in the Community Development
Department's procedures manual, the reference to Spanish names has
been omitted entirely from that document. The reference was included
in the manual because city policy prior to adoption of the street name
and address regulations was to require or strongly encourage the use
of Spanish names. Council action is not required to implement this
change.
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Wbige COUNCIL AGENDA REPORT
Street naming procedures - Page 4
ALTERNATIVES
1. The council may continue the matter for additional information or
analysis, with appropriate direction to staff.
2. The council may choose to amend the present process by addition of the
draft resolution, attached, which limits petitioners to residents of
property along the affected street.
I
RECOMMENDATION
After reviewing and discussing the "petition issue", the council should;
Determine that the existing ordinance is adequate and does not need
changing at this time, stipulating that petitions seeking name changes
are to contain names of owners or residents of affected properties, but
not both, for an individual property.
Attached:
street naming and address regulations
draft ordinance revisions
1
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12.24200-12.32.020 _
12.24.200 Appeals. 1232.100 Procedures for naming and
A. In accordance with the provisions Chap- renaming streets.
ter 1.20, any person aggrieved by act or 1232.110 Street name criteria.
determination of the staff in ex rising the 1232.120 Street mune s*gns.
authority herein granted, shall ha the right to 1232.130 Administration.
appeal to the tree committee,wh decisions are 1232.140 Enforcement.
appealable to the city council
B. Appeals received by a city within ten 1232.010 Purpose.
days from the date of 'ng shall cause the This chapter provides street name and address
public works director t withhold tree removal regulations for the city. The regulations are
permits and stop any c nstruction or demolition adopted to protect and promote the health,
activity affecting the ubject tree until the appeal safety and welfare of those who live and work in
is heard and a de ' on is reached.(Ord. 1153§ 1 the city by-
(part), 1990) A. Helping fire, police and ambulance per-
sonnel locate more quickly the scene of an emer-
12.24.210 0 liability upon the city. gency;
Nothing ' this chapter shall be deemed to B. Expediting postal and commercial delivery
impose an liability upon the city or upon any of services;
its office or employees,nor to relieve the owner C. Reducing confusion for people trying to
or occ ant of any private property from the find a business or residence;
duty o keep in safe condition any trees and D. Implementing the safety element of the
s upon that private property or upon side- general plan by aiding contingency planning.
ks and planting areas in front ofthat property. (Ord. 919 § 1 (part), 1982: prior code§9950)
Mrd. 1153 § 1 (part), 1990)
1232.020 Definitions.
For the purpose of this chapter,the following
Chapter 1232 words shall have the following meanings:
A. "Address" means a combination of a
STREET NAME AND number, a street name and, when necessary, a
ADDRESS REGULATIONS unit number that is assigned to a parcel,structure
or unit within a structure,and is unique to it,to
Sections: indicate its location.
1232.010 Purpose. B. "Adjoining" means having a common
1232.020 Definitions. boundary for at least twenty-five feet.
1232.030 Area affected. C. "Alley" means a public vehicle way,
1232.040 Documents to be maintained by named or unnamed, providing secondary access
community development to the rear of property that faces a street.
department. D."Building" means any structure used or
1232.050 Street name requirement. intended for sheltering or supporting any use or
1232.060 Address requirement. occupancy.
1232.070 Procedures for assigning and E. Building, principal. "Principal building"
changing addresses. means a building that's large enough or used in
1232.080 Address numbering standards. such a way that,in the community development
1232.090 Display of address numbers. department's judgment, it requires a separate
address. Mobile homes are principal buildings.
dan Luis Obispo 7.90) 252
12.32.020
F. "Division of land" means the division of
any real property into two or more parcels.
G. "Driveway"means a vehicle way that pro-
vides access,primarily for the occupants, from a
street into a lot and that:
1. Has a ramp for its entrance from the street;
or
2. Is small enough or of such a character that
addresses along it would be clearer if they used
the name of the street from which the way pro-
vides access.
H. "Lot" means a parcel of real property.
1. "Property owner" means the person, firm,
corporation or partnership that the latest county
tax assessment roll shows as the owner or long-
term lessee of a particular lot.
J. "Street" means a right-of-way providing
vehicular access to abutting property.
K. Street, city. "City street" means a street
that has been accepted by the council for public
purposes. A public street.
L. Street, continuous. "Continuous street'
means a street along which there are no major
changes in general direction, no barriers that
block all through traffic, no intersections
where
252-1 (San Luis Obispo 7.90)
12.32.030-12.32.070
the street appears to end,and no radical changes 1232.050 Street name requirement.
in the street's character. A. All public and private vehicle ways within
M. Street,private."Private street"means any the city limits,except driveways and alleys,must
street that is not owned by the city. have a name.
N. "Street segment"means a linear portion of B. Driveways must not be named.
a street, sometimes including the whole street C. Alleys may be named.(Ord.919§ l (part),
O. "Structure" means anything assembled or 1982: prior code§9953)
constructed on the ground, or attached to any-
thing with a foundation on the ground. This 1232.060 Address requirement.
includes mobile homes and manufactured hous- All parcels, principal buildings, and separate
ing regardless of their method of attachment units in a principal building must have an
(Ord. 919 § l (part), 1982: prior code§9963) address unless the community development
director decides an address is unnecessary.(Ord.
1232.030 Area affected. 919§ 1 (part), 1982:prior code§9954)
The regulations codified in this chapter are
effective throughout the city. Areas outside the 1232.070 Procedures for assigning and
city limits are governed by the county's address-
changing addresses.
ing regulations administered by the county plan- A. Assignment. The community develop-
ning department. Wherever possible,the county ment department must assign both the number
and city addressing regulations will be compati- and determine which street name to use for all
ble.(Ord.919§ 1 (part), 1982:prior code§995 1) addresses and inform property owners and occu-
pants of them without charge.
1232.040 Documents to be maintained by B. Change of Address.
community development 1. An address must be changed when it is out
department. of sequence,does not conform to the city's block
A. The city's community development numbering map, is confusing, or might delay
department will maintain the following emergency response.If an address is changed,the
documents: community development department must
1. Street Index.An index of existing and prior notify the owner and tenant in charge of the
names of all city and private streets within the building in writing at least ten days before the
city limits. effective date and must post a public notice on
2. Block Numbering Map. A map that shows the property at least five days before the effective
present and future block numbering within the date.
city's urban reserve and provides a basis for cleat; 2. A property owner may apply for an address
consistent addressing citywide. change for personal reasons by:
3. Address Records. Records of all assigned a. Submitting an application for number
addesses. change:
B. All documents required by these regula- b. Paving a fee to be determined by the
tions and other pertinent addressing records council.
must be available for public inspection at the The community development department
community development department during must decide whether the proposed address meet
business hours. (Ord. 919 § 1 (part), 1982: prior the requirements of these regulations. If it does
code§ 9952) not, the application must be denied. If it does,
253
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12.32.080-12.32.100
then the application will be referred to the plan- numbers must be displayed as arabic numerals
ning commission. (Ord. 919 § 1 (part), 1982: and must be a color that contrasts with the back-
prior code §9955) ground color. All buildings must have numbers
that can be read easily from the street.Unusually
1232.080 Address numbering standards. large numbers may be subject to the city's sign
A. The city's block numbering map must be regulations.
used to assign block numbers. E. Number Location.Address numbers must
B. For streets running within five degrees of be displayed on the building near the entrance.
north-south over more than half their length, Numbers must be easily seen from the street. If
numbers on the east side of the street must be the location of a building's or unit's main
even and on the west side must be odd.For other entrance might not be cleat, address numbers
streets, numbers on the northerly side must be must be displayed where they clearly indicate the
even and on the southerly side must be odd. entrance's location. This might require display-
C. Individual addresses within a block must ing the number in more than one place. Num-
reflect as accurately as possible the relative posi- bers painted on the curb, while a desirable
tion within the block of an undeveloped lot's feature,do not satisfy this requirement.
center or a building's main entrance. For exam- F. Directories. When irregular layout of a
ple, an undeveloped lot in the middle of a one multiple-address development might cause con-
hundred block or a building with its main fusion about the location ofan address within the
entrance at the middle of a one hundred block project, a directory board with a map must be
must be numbered approximately one hundred posted at every driveway entrance and main
fifty. entrance walkway.Directories must clearly show
D. Individual exceptions to these address the location of all addresses that can be reached
number standards may be made where special via that walk or driveway.A drawing of the direc-
circumstances require. Clarity and uniformity tory,fully dimensioned and showing the type and
are the goal.(Ord.919§ i (part), 1982:prior code size of letters and numerals, must be submitted
§9956) to the community development department for
approval(with no fee).Directories must be easily
1232.090 Display of address numbers. seen from the street or sidewalk, as appropriate.
A. Display Requirement. All structures that Driveway directories must be placed so that the
have a separate address must display their car of someone pausing to read them can be out
address number. If the location of the number or of the street and not block the sidewalk or drive-
entrance could cause confusion about which way. Additional interior directories may be
street is involved, the street name must be dis- required where necessary to locate an address.
played with the number. G. Mailboxes. If a mailbox is located on the
B. New Structures.The owner of a new struc- same street as the address it serves,only the num-
ture must display the assigned address number ber need be displayed on the box. If the mailbox
before the construction regulations division will and building are located on separate streets.both
approve occupancy of the structure. the address number and the street name must be
C. Change of Address. Within thirty days on the box.(Ord.919§ 1 (part), 1982:prior code
after receiving written notification of an address §9957)
change, the owner of an existing structure must
display the new number and remove all obsolete 12.32.100 Procedures for naming and
numbers. renaming streets.
D. Type, Color, Size of Numbers. Address A. New Streets.Streets to be created by a land
254
S-C�
12.32.110
division must be named by the developer and 4. Formal Designation. When the commis-
approved by the community department,during sion adopts a street name, the name must be
the review and approval of the tentative and final entered in the commission's minutes. After that
subdivision maps. the street must be known. by that name.
B. Initiation.The council,planning commis- E. Appeal. The planning commission's deci-
sion, community development department, or sion may be appealed to the council by anyone,
owner of adjoining property may initiate the according to Chapter 1.20.
naming or renaming of an existing street A non- F. Notification After Change. After. a.street
refundable application fee, established by the name is adopted, the community development
council,will be charged a property owner initiat- department must notify all the appropriate pub-
ing the process. lic agencies and the property owners and tenants
C. Application and Petition. The initiating along the affected street (Ord. 919 § 1 (part),
parry must file a completed street name applica- 1982: prior code§9958)
tion and street name petition with the commu-
nity development department 1232.110 Street name criteria.
1. When a naming or renaming is initiated by Street names adopted after the effective date of
a property owner,the petition must be signed by the ordinance codified in this chapter must meet
owners or tenants representing at least two-thirds the following criteria:
of the parcels, dwelling units or businesses A. Street names must be pleasant sounding
located along the affected street segment. and grammatically correct
2. When a naming or renaming is initiated by B. Street names must be easy to spell, pro-
the council. planning commission or commu- nounce and read so the public, especially chil-
nity development department,the petition need dren, can say the name correctly in an
be signed only by an authorized representative of emergency.
the initiating party. C. Street names must include an appropriate
D. Public Hearing Procedure. classification such as "street," "way," "lane,"
1. Scheduling. When it receives a completed etc., to be determined by the community devel-
application and petition, the community devel- opment department
opment department must schedule a public D. Streets must not be named after a living
hearing before the planning commission. person,except they may be named after a family
2. Notice.At least ten days before the hearing, prominent in local history even if family mem-
notice of it must be posted in at least three public bets are alive.
places along the affected street segment. All E. Streets in the 911 emergency-response area
owners of property along the segment must be must not have duplicate or similar sounding
notified by first-class mail at least ten days before names.
the hearing. F. Street names must have fewer than fifteen
3. Action.At the public hearing,the planning characters, including letters, punctuation and
commission must hear and consider all name spaces,but not including the street classification.
proposals and objections. If at the end of the G. A continuous street,or one proposed to be
hearing the commission finds that one or more of continuous, must have the same name through-
these names satisfy the requirements of these out its length.
regulations, it must adopt a name selected from H. Two street segments that don't forma con-
those proposed for the street. The commission tinuous street, and aren't proposed to form one.
may also assess the applicant reasonable costs for must have different names. (Ord. 919 § I (part),
changing maps and replacing or installing signs. 1982: prior code § 9959)
255
S-g
12.32.120-12.36.010
1232.120 Street name signs. interpret these regulations, subject to appeal to
A. Responsibility. The city must provide the planning commission.
name signs for all streets within its jurisdiction, B. Approval. All street names must be
excepted as noted in subsections C and D of this approved by, and address numbers determined
section. by the community development department.
B. Criteria. C. Street Name Signs.Street name signs along
1. Every intersection must have signs naming publicly maintained streets must be installed and
all the intersecting streets. The number of signs maintained by the public services department,
required will be determined by the public ser- except as noted in subsections C and D ofSection
vices department. 12.32.120.(Ord.919§ I (part), 1982:prior code§
2. Street name signs must be clearly visible to 9961)
passing motorists and pedestrians.
3. Letters and numbers on street signs must 1232.140 Enforcement.
contrast with the background color and must be The community development department is
large enough to be easily read from the sidewalk responsible for enforcing these regulations.(Ord
or a vehicle on the street. 919 § 1 (part), 1982: prior code§9962)
4. Placement must clearly indicate which
streets correspond to the names.
5. The signs must meet the minimum stan-
dards of the public services department
C. Signs'for Streets Created by Division of DOWNTOWN PARKING AND
Land. BUSINESS IMPROVEMENT A
1. The subdivider must provide street name
signs for all intersections created by a land Sections:
division. 1236.010 Establishment.
2. The signs must meet the criteria stated in 1236.020 Boundaries.
subsection B of this section. 1236.030 Tax—Imposed.
3. Placement must be determined by the city 1236.040 Tar—Amount.
engineer. 1236.050 Tar—Us4.0
of evenues.
4. After acceptance of the streets, the signs 1236.050 Tax—Coll tion.
must be maintained by the public services 1236.070 Findings d determinations.
department. 12.36.080 Adviso board—
D. Signs for Private Streets. Appoi went—Terms.
1. Property owners may be required to install
12-36.090 Cou il's authority to enter into
and maintain permanent street signs for private al agreements for revenue
sweets. e. enditures.
2. If signs are required property owners may 1236.100 xemptions—Contributions
choose the design. size and material, as long as from exempt persons welcome.
they meet the criteria specified in subsection B of 1236.11 Effective date.
this section.(Ord.919§ 1 (part), 1982:prior code
§ 9960) 1236.0 Establishment.
The a is hereby created and established the
1232.130 Administration. do own parking and business improvement
A. Authority. The community development Ar . (Prior code§ 6101(a))
department has sole authority to administer and
256
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PROPOSED AMENDMENTS
12.32. 100 Procedures for naming and renaming streets.
B. Initiation. The council, planning commission, community development
department, ee owner or tenant of adjoining property may initiate the
naming or renaming or an existing street. A non-refundable
application fee, established by the council, will be charged a
property owner or tenant initiating the process.
C. Application and Petition. The initiating party must file a completed
street name application and street name petition with the community
development department.
1. When a naming or renaming is initiated by a property owner or tenant,
the petition must be signed by ewners residents or business tenants
representing at least two-thirds of the parcels, dwelling units or
businesses located along the affected street segment. When all
ad'ioining parcels are undeveloped, the petition must be signed by
Property owners. Occupants of each residence or business must
determine among themselves whether the residence or business supports
or opposes the name change. The application will be considered
complete only when the petition 'is received and the 2/3 requirement
verified. If signators change their minds after the application is
considered complete, the name change request will nevertheless be
processed.
Note: Struck-through text to be eliminated, underlined text to be added.
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