HomeMy WebLinkAbout05/06/1991, 2 - COUNCIL WORK PROGRAM SOUND AMPLIFICATION AFFECTING PUBLIC AREAS IIIN� II�II�I�"�II IIuI�I city of Sal 1 LUiS OBISPO MEETING DATE:
COUNCIL AGENDA REPORT ITEM NZ BER:
FROM: Arnold B. Jonas, Community Development Director
Prepared by: Ken Bruce, Senior Planner
7
SUBJECT: Council Work Program
Sound Amplification Affecting Public Areas
SUMMARY RECOMMENDATION:
No regulations need to be amended or adopted, but better enforcement of
existing regulations and better coordination of events in and adjacent to
Mission Plaza are needed.
SITUATION/BACKGROUND:
Council adoption of the 1989-91 financial plan and budget included work program A-
5-sound amplification affecting public areas. The objective of the program was to
minimize excessive noise impacts from amplified sources on public areas, particularly
Mission Plaza. There have been conflicts between users of Mission Plaza, events held
in the Plaza, Mission Church, and surrounding residential and commercial businesses.
The Council has expressed concern that on-going conflicts are not acceptable, and that
amplified sources of sound may not be appropriate and should be better regulated, or
users in and around Mission Plaza be better coordinated.
Over the past six months, staff has defined the issue, reviewed existing permits,
regulations and procedures and met with some council people, staff from City
Attorney, Park and Recreation, Police Departments,.Mission Church, and some
adjacent residents and commercial tenants adjacent to Mission Plaza. The
overwhelming consensus of those consulted was that Mission Plaza is and should
continue to be a very active place for people to use; many uses can and should
continue to take place simultaneously provided they are compatible with each other
and coordinated with each other; conflicts between events and users have occurred,
but infrequently; the city should do a better job regulating and coordinating activities
in and around Mission Plaza; and sound amplification should not be prohibited, but
should be better regulated and coordinated.
EXISTING REGULATIONS
A. Zoning Regulations MC 1LO
Use permits are required for outdoor entertainment. Sound amplification can
be regulated through conditions of approval. Violations of conditions can be a
basis for revocation of use permits. The Community Development Department
enforces the zoning regulations. In recent times, three use permits have been
approved for outdoor entertainment for establishments adjacent to Mission
Plaza. All had conditions regulating amplification. See attachments.
city of san Luis osispo
Nia; COUNCIL AGENDA REPORT
Page 2
1. Use Permit A 137-86. Spindle Restaurant, 778 Higuera Street. Use
permit is no longer in effect.
2. Use Permit A 140-85. Sebastian's Restaurant, 1022 Chorro Street. Use
permit is no longer in effect.
3. Use Permit A 68-89. Tortilla Flats Restaurant. 1051 Nipomo Street.
Use permit is active.
In the cases of Sebastian's and The Spindle, outdoor entertainment is no longer
approved because the approved use has not been operated for six months or
longer. If either wishes to reactivate outdoor entertainment use, a new use
permit must be approved. Amplification issue can be addressed at that time.
B. Noise Regulations (MC 9.12)
These regulations control unnecessary, excessive and annoying noise in the city.
The Police Department enforces the regulations. See attached.
Provisions of the regulations that relate to the issue are as follows:
1. Definitions are provided for "public space" and "sound amplifying
equipment."
2. The use of loudspeakers (amplified sound) is prohibited everywhere
between the hours of 10:00 p.m. and 7:00 a.m. Exterior noise limits are
established depending on zoning district.
3. Outdoor activities, such as gatherings, dances, shows, sporting and
entertainment events that are allowed by city permit or license are not
subject to the Noise Regulations.
The Police Department has received three noise complaints in the Mission
Plaza area over the past 18 months. They were (1) noise from an outdoor
band at the Spindle Restaurant; (2) noise from the ringing of the Mission bells
(complained several times); (3) noise from Police Officers Memorial Event in
Mission Plaza.
C. Park Regulations ,MC 12.201
These regulations set forth the rules and regulations for all parks in the city.
Mission Plaza is one of the parks affected. Enforcement of the regulations is
by the Police Department, Recreation Department, and Public Works
Department depending on what section of the regulations is involved. See
attached.
��ii�hp�Vl►IIIIIIII►1° �IIUIII MY Of san tuts OBISpO
Nii% COUNCIL AGENDA REPORT
Page 3
Provisions of the regulations that relate to the issue are as follows:
1. Definition of "amplified sound" is provided.
2. A permit is required for use of a park for gatherings or assemblies of
fifty or more persons. The permit is approved by the Recreation
Director.
3. Amplified sound in city parks is regulated. A permit is required from
the Recreation director to allow an amplified sound system. Also,
amplifiers can only be operated by a power source provided by the j
Public Works Department. This means no generators or battery-
operated amps.
4. The volume of amplification is regulated by the Police Department and
is not to interfere with other park users or nearby residents or tenants.
The Recreation Department uses a "park use permit" process for people/events
wanting to use a park, including Mission Plaza. Application attached. On the
application is a place to indicate if amplified sound will be used. The
Recreation Department says the amplified sound requests are usually denied
except at Mission Plaza and the Jack House where the requests are usually
approved. Representatives of Mission Church say that amplified sounds from
events in Mission Plaza often disrupt church events. The Recreation
Department has a Mission Plaza Coordinator (Rich Ogden) who is charged
with coordinating all events in and around Mission Plaza.
CONCLUSION/RECOMMENDATION
The coordination of events in and around Mission Plaza, including sound
amplification, needs to be improved. When reviewing use permit applications for
outdoor entertainment, sound amplification can be better addressed, and activities
better coordinated by imposing conditions of approval such as days and hours of
operation; restrictions on amplification; or coordination with other plaza or Mission
Church events. The Mission Plaza Coordinator needs to maintain better coordination
of all events in or adjacent to Mission Plaza, including with Mission Church. To do
this, maybe all sound amplification requests need to be denied or the Mission Church
must sign off on all requests. The coordinator should also see that section
12.20.040.E.3 (power source for amplifiers) is enforced. The Police Department needs
to better enforce maximum noise levels allowed during events in or adjacent to
Mission Plaza.
2 - 3
��►Gl�7�l'illll►INIIIII��' glllll� crty of San LUIS OBISpo
COUNCIL AGENDA REPORT
Page 4
Additional rules or regulations are not needed at this time, but better enforcement of
existing regulations and better coordination of events in and adjacent to Mission Plaza
need attention.
I
ATTACHMENTS: Noise Regulations
Park Regulations
Park Use Permit
Use Permit A 137-86 (Spindle Restaurant)
Use Permit A 140-85 (Sebastian's Restaurant)
Use Permit A 68-89 (Tortilla Flats Restaurant)
aJ\KB:1r\b=:3-20-91.wp
9.12.020
private rights-of-way,structures, utilities or sim- siveness of a sound depends upon its amplitude,
filar property. duration,frequency and time of occurrence,and
H. "Cumulative period" means an additive tonal or informational content as well as the
period of time composed of individual time seg- prevailing ambient noise level.
menu which may be continuous or interrupted. Q. "Mobile noise source' means any noise
I. "Decibel" means a unit for measuring the source other than a fixed noise source.
amplitude of a sound, equal to twenty times the R. "Motor vehicle' means and includes any
logarithm to the base 10 of the ratio of the pres- and all self-propelled vehicles as defined in the
sure of the sound measured to the reference pres- California Vehicle Code, including all on-high-
sure,which is twenty micropascals. way type motor vehicles subject to registration
J. "Demolition" means any dismantling, under the Code, and all off-highway type motor
intentional destruction or removal of structures, vehicles subject to identification under the code.
utilities, public or private right-of-way surfaces, S. "Muffler or sound dissipative device'
or similar property. means a device consisting of a series of chambers
K. "Emergency work" means any work per- or baffle plates, or other mechanical design, for
formed for the purpose of preventing or alleviat- the purpose of receiving exhaust gas from an
ing the physical trauma or property damage internal combustion engine, and effective in
threatened or caused by an emergency. reducing noise.
L. "Fixed noise source' means a stationary T. "Noise control office(r)(NCO)"means the
device which creates sound while fixed or municipal agencies or departments, having lead
motionless, including, but not limited to, resi- responsibility for this chapter, or their employ-
dential, agricultural, industrial and commercial ees.
machinery and equipment, pumps, fans, com- ' U. "Noise disturbance' means any sound
pressors, air-conditioners, and refrigeration which (a) endangers or injures the safety or
equipment. health of human beings or animals,or(b)annoys
M. "Gross vehicle weight rating (GVWR)" or disturbs reasonable persons of normal sen-
means the value specified by the manufacturer as sitivites, or (c) endangers or injures personal or
the recommended maximum loaded weight of a real property, or(d) violates the factors set forth
single motor vehicle. In cases where trailers and in Section 9:12.060 of this chapter. Compliance
tractors are separable, the gross combination with the quantitative standards as listed in this
weight rating,which is the value specified by the chapter shall constitute elimination of a noise.
manufacturer as the recommended maximum disturbance.
loaded weight of the combination vehicle, shall V. "Noise zone'includes any defined areas or
be used: regions of a generally consistent land use wherein
N. "Impulsive sound" means sound of short the ambient noise levels are within a range of S
duration, usually less than one second, with an dB.
abrupt onset and rapid decay. Examples of W "Person" means any individual, associa-
sources of impulsive sound include explosions, tion, partnership or corporation, and includes
drop forge impacts, and the discharge of fire- any officer, employee, department, agency or
arms instrumentality of a state or any political subdivi-
Q "Industrial area" is designated on the offi- sion of a state.
cial zoning map of the city. X. "Powered model vehicle" means any self-
P. "Intrusive noise' means that noise which propelled, airborne, waterborne or landborne
intrudes over and above the existing ambient plane,vessel,or vehicle,which is not designed to
noise at a given location. The relative intru- carry persons, including, but not limited to,any
189 (Sen Luis Obispo 7.90)
9.12.050
this section exists include, but are not limited to, sions of Section 9.12.060 of this chapter, except
the following: for activities for which a exception has been
A. The sound level of the objectionable noise; issued by the noise control office.
B. The sound level of the ambient noise; b. In such a manner as to exceed the levels set
C. The proximity of the noise to residential forth for public space in Table 1 of Section
sleeping facilities; 9.12.060 of this chapter, measured at a distance
D. The nature and zoning of the area within of at least fifty feet (fifteen meters) from such
which the noise emanates; device operating on a public right-of-way or pub-
E. The number of persons affected by the lic space.
noise source; 2. Loudspeakers(Amplified Sound).Using or
F. The time of day or night the noise occurs; operating for any purpose any loudspeaker,
G. The duration of the noise and its tonal, loudspeaker system or similar device between
informational or musical content; the hours of p.m. and seven a.m., such that
H. Whether the noise is continuous, recur- the sound therefrom creates a noise disturbance
rent or intermittent; across a residential real property line, or at any
I: Whether the noise is produced by a com- time violates the provisions of Section 9.12.060
mercial or noncommercial activity. (Ord. 1159 § of this chapter, except for any noncommercial
4, 1990: Ord. 1032 § 2 (part), 1985) public speaking, public assembly or other
activity for which an exception has been issued
9.12.050 Prohibited acts. by the noise control office.
A. Noise Disturbances Prohibited.No person 3. Street Sales. Offering for sale, selling any-
shall make, continue or cause to be made or thing or advertising by shouting or outcry within
continued, or permit or allow to be made or any residential or commercial area of the city
continued,any noise disturbance in such a man- except by exception issued by the noise control
ner as to be plainly audible at a distance of fifty office. The provisions of this section shall not be
feet from the noisemaker, provided, nothing in construed to prohibit the selling by outcry of
this section shall be construed to prohibit any merchandise, food and beverages at licensed
noise which does not penetrate beyond the sporting events, parades, fairs, circuses or other
boundaries of the noisemaker's own premises or similar licensed or permitted public entertain-
does not constitute an unreasonable disturbance ment events.
to people lawfully on said premises. 4. Animals and Birds. Owning, possessing or
B. Specific Prohibitions.The acts,as set forth harboring any animal or bird which frequently or
in subsections B 1 through 8 of this section, and for long duration,howls,barks,meows,squawks
the causing or permitting thereof,are declared to or makes other sounds which create a noise dis-
be in violation of this chapter. turbance across a residential or commercial real
1. Radios, Television Sets, Musical Instru- property line or within a noise sensitive zone.
meats and Similar Devices. Operating, playing 5. Loading and Unloading. Loading, unload-
or permitting the operation or playing of any ing, opening, closing or other handling of boxes,
radio,television set,phonograph,drum,musical crates, containers, building materials or similar
instrument,or similar device which produces or objects between the hours of ten p.m. and seven
reproduces sound: a.m.in such a manner as to cause a noise distur-
a. Between the hours of ten p.m. and seven bane across a residential real property line or at
a.m.in such a manner as to create a noise distur- any time to violate the provisions of Section
bance across a residential or commercial real 9.12.060 of this chapter.
property line or at any time to violate the provi-
190-1 (San Luis Obispo 7-90)
0
9.12.060
a. Between the hours of seven p.m. and seven ciently enclosed or muffled and maintained so as
a.m. so as to create a noise disturbance across a not to create a noise disturbance in accordance
residential or commercial real property line or at with Section 9.12.060 of this section.
any time to violate. the provisions of Section 11. Residential Air-Conditioning or Air-Han-
9.12.070 of this chapter. dling Equipment. Operating or permitting the
b. In such a manner as to exceed the levels set operation ofany air-conditioning or air-handling
forth for public space land use in Table I of equipment in such a manner as to exceed any of
Section 9.12.060 measured at a distance not less the following sound levels:
than one hundred feet (thirty meters) from any
point on the path of a vehicle operating on public Insutled 1nsttaallledd on
space or public right-of-way. Before or After
1-1-90 1-1-80 dB(A)
9. Emergency Signaling Devices. Measurement Location db(A)
a. The intentional sounding or permitting the Any point on neighboring prop-
sounding outdoors of any fire, burglar or civil erwot���o iv ereetan above ee eei
defense alarm,siren,whistle or similar stationary from any wall 60 55
emergency signaling device, except for emer- outside the neighboring living
gency purposes or for testing,as provided in sub- area window nearest the equip•
ment location. not more than
section B 9 b of this section. three feet from the window open-
ing.but at least three feet from any
b. i. Testing of a stationary emergency signal- other surface 55 50
ing device shall not occur before seven a.m. or
after seven p.m. Any such testing shall use only (Ord. 1159 § 5, 1990; Ord. 1032 § 2 (part), 1985)
the minimum cycle test time. In no case shall
such test time exceed sixty seconds. 9.12.060 Exterior noise limits.
ii. Testing of the'complete emergency signal- A. Maximum Permissible Sound Levels at
ing system, including the functioning of the sig- Receiving Land Use.
naling device, and the personnel response to the 1. The noise standards for the various catego-
signaling device, shall not occur more than once ries of land use identified by the noise control
in each calendar month. Such testing shall not office(r) as presented in Table I of Section
• occur before seven a.m. or after ten p.m. The 9.12.070 shall, unless otherwise specifically indi-
time limit specified in subsection B 9 b i of this cated, apply to all such property within a desig-
section shall not apply to such complete system nated zone.
testing. 2. No person shall cause or allow to cause,any
c. Sounding or permitting the sounding of source of sound at any location within the incor-
any exterior burglar or fire alarm or any motor porated city or allow the creation of any noise on
vehicle burglar alarm unless such alarm is termi- property owned, leased, occupied or otherwise
nated within thirty minutes of activation. controlled by such person, which causes the
10. Domestic Power Tools, Machinery. noise level when measured on any'other prop-
a. Operating or permitting the operation of erty, either incorporated. or unincorporated, to
any mechanically powered saw, sander, drill, exceed:
grinder, lawn or garden tool or similar tool a. The noise standard for that land use as
between ten p.m.and seven a.m.,so as to create a specified in Table 1 of Section 9.12.070 for a
noise disturbance across a residential or com- cumulative period of more than thirty minutes
mercial real property line. in any hour, or
b. .Any motor, machinery, pump, such as b. The noise standard plus 5 dB for a
swimming pool equipment, etc., shall be sufli- cumulative period of more than fifteen minutes
190-3 (San Luis Obispo 1.90)
2 -S
9.12.070
9.12.070 Interior noise standards.
A. Maximum Permissible Dwelling Interior
Sound Levels.
1. The interior noise standards for multifam-
ily residential dwellings as presented in Table 1 of
this section shall apply, unless otherwise specifi-
cally indicated, within all such dwellings with
windows in their normal seasonal configuration.
1904a (San Luis Obispo 7.90)
2 -�
9.12.080-9.12.090
Table Vo.I operate or cause to be operated any motorized
Allowable recreational vehicle off public right-of-way in
Interior such a manner that the sound levels emitted
Voice Type of Time NOdBA) el
Zone band Use Inter-a] (dBA) therefrom violate the provisions of Section
9.12.070 of this chapter.This section shall apply
All Residential All Multifamily 10:00 p.m.— to all motorized recreational vehicles,whether or
Zones Residential 7:00 am. 40
IandUses 7:00 a.m.— not duly licensed and registered, including, but
IO-Wp.m. 45 not limited to, commercial or noncommercial
racing vehicles, motorcycles, go carts. amphibi-
2. No person shall operate or cause to be oper- ous craft, campers, snowmobiles and dune bug-
ated within a dwelling unit,any source of sound gies, but not including motorboats.
or allow the creation of any noise which causes C. Vehicle,Motorboat or Aircraft Repair and
the noise level when measured inside a neighbor- Testing.
ing receiving dwelling unit to exceed: 1. Repairing,rebuildling,modifyingortesting
a. The noise standard as specified in Table 1 of anv motor vehicle. motorboat or aircraft in such
this section for a cumulative period of more than a manner as to create a noise disturbance across a
five minutes in any'hour,or residential real property line, or at any time to
b. The noise standard plus 5 db for a violate the provisions of Section 9.12.070 of this
cumulative period of more than one minute in chapter.
any hour, or 2. Nothing in this section shall be construed
c. The noise standard plus 10 dB or the max- to prohibit. restrict, penalize, enjoin or in any
imum measured ambient,for any period oftime. manner regulate the movement of aircraft which
3. If the measured ambient level differs from are in all respects conducted in accordance with.
that permissible within any of the noise limit or pursuant to. applicable federal laws or regula-
categories of this section, the allowable noise tions.
exposure standard shall be adjusted in 5 dB incre- D. Standing Motor Vehicles. No person shall
menu in each category as appropriate to reflect operate or permit the operation of any motor
the ambient noise level. vehicle with a gross weight rating (GVWR) in
B. Correction for Character of Sound. in the excess of ten thousand pounds. or any auxiliary
event the alldged offensive noise. as determined equipment attached to such a vehicle, for a
by the noise control officer, contains a steady,
period longer than fifteen minutes in any hour
audible tone such as a whine.screech or hum,or while the vehicle is stationary, for reasons other
is a repetitive noise such as hammering or rivet-
ing,orcontains music orspeech conveying infor- than traffic congestion. or a public right-of-way
or public space within one hundred fifty feet
mational content.the standard limits set forth in
Table 1 of this section shall be reduced by dB. (forty-six meters) of a residential area. between
(Ord. 1032 § 2 (part). 1985) the hours of ten p.m.and seven a.m.(Ord. 1032§
2 (pan), 1985)
9.12.080 Motor vehicle noise limits.
A. Refuse Collection Vehicles. No person 9.12.090 Special provisions (exemptions).
shall collect refuse with a refuse collection vehi- A. Emergency Exemption. The provisions of
cle between the hoursofseven p.m.and six-thirty this chapter shall not apply to:(a)the emission of
a.m. within or adjacent to a residential area. sound for the purpose of alerting persons to the
B. Motorized Recreational Vehicles Operat- existence of an emergency.or(b)the emission of
ing Off Public Right-of-way. No person shall sound in the performance of emergency work.
190-5 iSan Luis Obispo 7.85)
2 - to
9.12.100
B. Warning Devices. Warning devices neces- operated only by permit issued by the noise con-
sary for the protection of public safety, as for trol office(r). The allowable hours and days for
example, police, fire and ambulance sirens, and operation of these devices will be specified in the
train horns, shall be exempted from the provi- permit.
sions of this chapter. 5. All equipment and machinery powered by
C. Outdoor Activities. The provisions of this internal combustion engines shall be equipped
chapter shall not apply to outdoor gatherings, with a proper muffler and air intake silencer in
public dances,shows and sporting and entertain- good working order.
ment events,provided such events are conducted F. Federal or State Preempted Activities. Any
pursuant to a permit or license issued by the city other activity to the extent regulation thereof has
relative to the staging of the events. been preempted by state or federal law shall be
D. Exemptions from Exterior Noise Stan- exempted from the regulations of this chapter.
dards.The provisions of Section 9.12.060 of this G. Preexisting Noise Sources. Those com-
chapter shall not apply to activities covered by mercial and/or industrial operations in existence
the following sections: prior to the date of adoption of this chapter, if in
1. Section 9.12.050 B 3. Street Sales: compliance with local zoning statutes, shall be
2. 9.12.050 B 6. Construction/Demolition: granted a two year period from the date of adop-
3. 9.12.050 B 10, Domestic Power Tools, tion with which to comply with the provisions of
Machinery: this chapter. If,at the end of the two year period.
4. 9.12.050 B 11. Residential Air-Condition- it can be shown that compliance with the provi-
ing or Air-Handling Equipment: sions in this chapter constitutes a hardship in
5. 9.12.080 A. Refuse Collection Vehicles. terms of technical and economic feasibility, an
E. Agricultural Operations. All mechanical exception may be granted on an annual basis
devices,apparatus or equipment associated with until such time as compliance may be effected.
agricultural operations conducted on agri- No more than three exceptions will be allowed
cultural property unless. if in the vicinity of resi- on a specific project. (Ord. 1032 §2 (part), 1985)
dential land uses. in which case an exception
permit is required(Section 9.12.100 of this chap- 9.12.100 Exceptions.
ter)to operate noise producing devices, with the A. Special Exceptions.
following stipulations: I. The noise control office(r) is authorized to
1. Operations do not take place between eight grant exceptions from any provision of this chap-
p.m. and six-thirty a.m.: or ter,subject to limitations as to area. noise levels,
2. Such operations and equipment are uti- time limits and other terms and conditions as the
lized for the protection or salvage of agricultural noise control office(r) determines are appropri-
crops during periods of potential or actual frost ate to protect the public health, safety and wel-
damage or other adverse weather conditions: or fare from the noise emanating therefrom. This
3. Such operations and equipment are associ- section shall in no way affect the duty to obtain
ated with agricultural pest control through any permit or license required by law for such
pesticide application. provided the application is activites.
made in accordance with permits issued by or 2. Any person seeking an exception pursuant
regulations enforced by the noise control officer. to this section shall file an application with the
or noise control office(r).The application shall con-
4. Such devices utilized for pest control which tain information which demonstrates that bring-
incorporate stationary or mobile noise sources ing the source of sound or activity for which the
(electro-mechanical bird scare devices. etc.) are exception is sought into compliance with this
(son Luis Obispo 7-55) 190-6
2 - 11
9.12.110
chapter would constitute an unreasonable hard- applications for initial exceptions under subsec-
ship on the applicant, on the community, or on tion B 2 of this chapter.
other persons. The application shall be accom- 6. Exceptions lasting for a duration of less
panied by a fee as established by council resolu- than forty-eight hours may be granted by the
tion.A separate application shall be filed for each chief of police or his designated noise control
noise source; provided, however, that several officer. Exceptions lasting for a duration of more
mobile sources under common ownership, or than forty-eight hours or dealing with zoning
several fixed sources on a single property may be conflicts or machine generated noise may be
combined into one application. Any individual granted by the community development depart-
who claims to be adversely affected by allowance ment director or his designated noise control
of the exception may file a statement with the officer.
noise control office(r) containing any informa- B. Exceptions for Time to Comply.
tion to support his claim. If at any time the noise 1. Within ninety days following the effective
control office(r) finds that a sufficient contro-
versy exists regarding an application, a public tial or industrial source of sound may apply to
hearing will be held. the noise control office(r) for an exception in
3. In determining whether to grant or deny time to comply with the provisions of this chap-
the application, the noise control office(r) shall ter. The noise control office(r) shall have the
authority, consistent with this section, to grant
balance denial as a hardship on the applicant
against (l) the adverse impact on the health, an exception (not to exceed one hundred eight
safety and welfare of other persons affected; (2) days from.the effective date of the ordinance
the adverse impact on property affected. and:(3) codified in this chapter). The same procedures
any other adverse impacts of granting the excep- and considerations by the noise control office(r)
tion.Applicants for exceptions and persons con- as follwed under this section shall likewise apply.
C. Appeals. Appeals of an adverse decision
testing exceptions shall be required to submit under this section of the police department's
such information as the noise control officer) noise control office(r)shall be made to the com-
may reasonably require. In granting or denying munity development department.Review of the
an application, the noise control office(r) shall ' community development department shall be
keep on public file a copy of the decision and the limited to whether the decision is supported by
reasons for denying or granting the exception. substantial evidence. (Ord. 1159 § 6, 1990; Ord.
4. Exceptions shall be granted by notice to the 1032 § 2 (part), 1985)
applicant containing all necessary conditions,
including a time limit on the permitted activity. 9.12.110 Enforcement.
The exception shall not become effective until all A. Prima Facie Violation. Any noise exceed-
conditions are agreed to by the applicant. Non- ing the noise level limits for a designated noise
compliance with any condition of the exception zone as provided in Table 1 of Section 9.12.060
shall terminate the exception and subject the and Table I of Section 9.12.070 of this chapter or
person holding it to those provisions of this chap- the prohibited actions as provided in Section
ter for which the exception was granted. 9.12.050 of this chapter, shall be deemed to be
5. An exception will not exceed three hun- prima facie evidence of a violation of the provi-
dred sixty-five days from the date on which it was sions of this chapter.
granted.Application for extension of time limits B. Violations: Infractions.Any person violat-
specified in exceptions or for modification of ing any of the provisions of this chapter shall be
other substantial conditions shall be treated like deemed guilty of a infraction. Each hour such
190-7 (San Luis Obispo 7.90)
2 - ! Z
9
9.16.010-9.16.030
violation is committeed or permitted to continue any weapon or device capable of catapulting,
shall constitute a separate offense and shall be dispelling or discharging any projectile, missile
punishable as such. or object of any type. (Prior code § 4285)
C. Abatement Orders.
1. In lieu of issuing a notice of violation as 9.16.020 Dangerous and deadly weapons—
provided for in subsection B of this chapter, the Discharge prohibited.
noise control office(r) or police department It is unlawful for any person to fire, discharge
responsible for enforcement of any provision of or cause to be emitted any projectile, missile or
this chapter may issue an order requiring abate- object from any dangerous or deadly weapon in
meat of a sound source alleged to be in violation, the city, unless the person has first obtained per-
within a reasonable time period and according to mission in writing from the chief of police, and
guidelines which the noise control office(r) may then only in compliance with all the conditions
prescribe. contained in the permit. This section does not
2. No compliant or further action shall be apply to any peace officer or member of the
taken in the event that the cause of the violation Armed Forces of the United States in the dis-
has been removed, the condition abated of fully charge of his duty or to the discharge of a dan-
corrected within the time period specified in the gerous or deadly weapon at any rifle, pistol,
written notice. (Ord. 1032 § 2 (part), 1985) sports or testing range approved by the chief of
police. (Ord. 971 § 1, 1983: prior code § 4285.1)
Chapter 9.16 9.16.030 Dangerous and deadly weapons—
Use in violation of Section 9.16.020
WEAPONS declared a nuisance—Disposition of
weapon.
Sections: Any dangerous or deadly weapon used in vio-
9.16.010 Dangerous and deadly lation of Section 9.16.020 is declared'to be a
weapons—Defined. nuisance and the same shall be taken from the
9.16.020 Dangerous and deadly person violating said section,and surrendered to
weapons—Discharge the chief of police, and shall be destroyed or
prohibited. otherwise disposed of, as provided by the provi-
9.16.030 Dangerous and deadly sions of Section 12028 of the Penal Code of the
weapons—Use in violation of state. (Prior code § 4285.2)
Section 9.16.020 declared a
nuisance—Disposition of
weapon. Chapter 9.20
9.16.010 Dangerous and deadly weapons— MISCELLANEOUS PROHIBITIONS
Defined.
The term "dangerous and deadly weapon"as Sections:
used in the ordinance codified in this chapter 9.20.010 Fortunetelling.
includes, but is not limited to, any revolver, 9.20.020 Automatic calling devices.
pistol, shotgun, rifle or firearm which may be 9.20.030 Regulation of vehicle use upon
used for the explosion of cartridges, and any air private property.
gun, "B-B" gun, gas-operated gun, spring gun, 9.20.040 Cardrooms.
slingshot,hunting bow and arrow,blow gun,and 9.20.050 Urination in public.
(San Luis Obispo 7.90) 190-8
Z - r3
12.16.050-12.16.060
12.16.050 Installation or reimbursement ship or serve no useful purpose. (Ord. 1132 § 2,
required when—Exceptions. 1989: prior code § 7330.8)
Whenever any building is constructed on or
moved onto any parcel of real property in the 12.16.055 Reimbursement.
city,or whenever existing buildings are altered or The owner or developer who installs improve-
expanded in excess of fifty percent of the value of meats which abut property other than that being
such building as determined by the chiefbuilding developed may be reimbursed as provided in
official, it is required, except as hereinafter pro- Section 16.44.091 of this code. (Ord. 1132 § 3,
vided,that a standard concrete curb,gutter,side- 1989)
walk and street pavement as determined by
council resolution be installed on all street front- 12.16.060 Appeals.
ages of such property by the owner of such prop- An appeal of a decision of the director shall
erty or the person in possession of the property follow the procedre set out in Chapter 1.20 ofthis
prior to granting of occupancy or final approval, code. (Ord. 1132 § 4, 1989: prior code § 7330.9)
The council shall establish by resolution from
time to time relevant standards and special
requirements for such improvements.In the case Chapter 12.20
of the construction of a garage or other structure,
which by its nature requires the construction of a PARK REGULATIONS
driveway ramp,the street improvements directly
related to the construction must be installed Sections:
unless a waiver is obtained from the director and 12.20.010 Title.
community development director. It is unlawful 12.20.020 Definitions.
for any person to occupy or use such buildings 12.20.030 Compliance with regulations
prior to the installation of the required curb, required.
gutter and sidewalks unless a certified check or 12.20.040 Rules and regulations applicable
cash in the amount to be fixed by the director is in city parks.
deposited with the city to guarantee such installa- 12.20.045 Authority to close.
tion. In the case of structures which are already 12.20.050 Reservation of park areas and
occupied and which, due to the extent of the structures.
construction, require the installation of street 12.20.060 Transfer of permits or
improvements,the owner or developer shall post reservations—Written consent
(prior to issuance of the building permit)a bond required.
or other security in a form acceptable to the city 12.20.070 Appeal—Hearing—Council's
attorney in an amount equal to the cost to install determination to be final.
the street improvements. The bond may be 12.20.080 Fees and deposits.
released when the improvements are accepted by 12.20.090 Insurance required—When.
the city and prior to the completion of the build- 12.20.100 Duty to leave closed or reserved
ing construction. In the event the improvement areas.
is not so completed, then the city may use all or 12.20.110 Enforcement.
any portion of said bond to complete the installa- 12.20.115 Consumption of alcohol
tion. unlawful.
Exceptions: The director and the community
development director may defer or temporarily
waive all or portions of these requirements if they
jointly agree that they will cause extreme hard-
241 (San Luis Obispo 7-89)
12.20.010-12.20.040
12.20.010 Title. which is publicly maintained and open to the use
The ordinance codified in this chapter shall be of the public for purposes of vehicular travel.All
known as the Park Ordinance of the city. (Prior violations of the Vehicle Code shall be enforced
code§4226) and prosecuted in accordance with the provi-
sions thereof.
12.20.020 Definitions. 2. Surfaces Other than Roads for Public Use.
The following words shall have the meaning No person shall'drive or otherwise operate a
indicated when used in this chapter. vehicle in a city park, and no person shall ride a
A. "Amplified sound" means music, sound bicycle (as defined in the California Vehicle
wave,vibration or speech projected or transmit- Code) in a city park, upon surfaces other than
ted by electronic equipment, including ampli- those maintained and open to the use of the
fiers. public for purposes of vehicular travel, except
B. "Director"means the directorofparks and upon temporary parking areas as may be desig-
recreation, his assistant, or other person autho- nated from time to time by the director, and
rized by him,pursuant to law,to act in his stead. further excepting vehicles in the service of the
C. "Park"means any park, reservation, play- city.
ground, beach, recreation center or any other B. Solicitation Prohibited. No person shall
area or structure maintained and operated by the practice, carry on, conduct or solicit for any
city parks and recreation department. occupation, business or profession in any city
D. "Permit" or "reservation" means written park or building, or sell or offer for sale any
authorization for exclusive use of parks or build- merchandise, article or anything whatsoever.
ings, or portions thereof, as provided for and This subsection shall not apply to any person
defined in this chapter. acting pursuant to a contract with the city or
E. "Vehicle"means any device by which any under an authorization granted by the directors
person or property may be propelled, moved or of parks and recreation.
drawn, excepting a device moved by human C. Prohibition of Animals in Park.No person
power. (Prior code §4226.1) shall cause,permit or allow any animal owned or
possessed by him or any animal in his care, cus-
12.20.030 Compliance with regulations tody or control to be present in the park except:
required. 1. Equine animals being led or ridden under
No person shall enter, be or remain in any reasonable control upon any bridle paths or trails
park unless he complies at all times with all of the provided for such purposes;
regulations set forth in this chapter applicable to 2. Equine or other animals which are hitched .
such park and with all other applicable laws, or fastened at a place expressly designated for
ordinances, rules and regulations. (Prior code § such purpose;
4226.2) 3. Dogs or cats when led by a cord or chain not
more than six feet long, or when confined within
12.20.040 Rules and regulations applicable in the interior of a vehicle;
city parks. 4. Dogs which have been specially trained and
The following rules and regulations apply in are being used by blind or disabled persons to aid
all parks in the city,unless expressly stated other- and guide them in their movements;
wise elsewhere in this chapter. 5. Small pets which are kept on the person of
A. Operations of Vehicles and Bicycles. the possessor at all times;
1. Roads for Public Use.The provisions of the 6. In connection with activities authorized in
California Vehicle Code are applicable in the city writing by the director,
parks upon any way or place of whatever nature
clan Luis Obispo 7-89) 242
2 - � S
- 12.20.040
7. Animals in the park for grazing purposes
pursuant to an agreement approved by the coun-
cil.
D. Duty to Care for Animals. It shall be the
mandatory duty of all persons owning, possess-
ing, in control of, or otherwise responsible for a
dog, a cat, or an equine animal in a city park to
promptly collect, pickup and remove all fecal
242-1 (San Luis Obispo 749)
12.20.045-12.20.050
matter left by the animal in or upon the park; charge of the assembly, or any other person
provided,however,that this subsection shall not appearing to be involved in the production of
apply to animals properly in the park under the the sound, to immediate reduce the level
provisions of subsections Cl, C2 and C7 of this thereof.
section, or to guide dogs for blind or disabled If the sound is not reduced within five min-
persons. utes to a level satisfactory to the officer, he shall
E. Amplified Sound in City Parks. immediately disconnect all amplifiers from the
I. Purpose. The council enacts this legisla- power source provided by the park department.
tion for the sole purpose of securing and pro- If the sound is reduced to a level satisfactory to
moting the public health, comfort, safety and the officer,and he thereafter finds that the sound
welfare of its citizenry. While recognizing that level appears to have again been increased, he
certain uses of sound amplifying equipment are shall then disconnect all amplifiers from the
protected by the constitutional rights of free- power source provided by the park department.
dom of speech and assembly, the council nev- 5. The council shall by resolution adopt stan-
ertheless feels obligated to reasonably regulate dards prescribing staffs discretion in issuing
the use of sound amplifying equipment in order permits for sound amplifiers, such standards as
to protect the correlative constitutional rights of recommended by the city attorney.
the citizens of this community to privacy and F. Presence in Parks During Certain Hours
freedom from the public nuisance of loud and Prohibited. No person shall enter, remain, stay
unnecessary sound. or loiter in any public park between the hours of
2. Permit Required for Amplifiers. It is ten p.m.and five a.m.of the following day with-
unlawful for any person to install, use and oper- out approval from the director. (Ord. 1001 § 1,
ate within a park a loudspeaker or any sound 1983; Ord. 976 § I, 1983: prior code § 4226.3)
amplifying equipment for the purposes of giving
instructions,directions,talks,addresses and lec- 12.20.045 authority to close.
tures,or'of transmitting music to any persons or Any section or pan of a park may be declared
assemblages of persons in the park, or in the closed to the public by the director at any time
vicinity thereof, except when installed, used or and for any interval of time, either temporarily
operated in compliance with one of the follow- or at regular and stated intervals(daily or other-
ing provisions: wise), and either entirely or merely to certain
a. By authorized law enforcement, fire uses, as the director finds reasonably necessary.
department or park and recreational personnel; (Ord. 1001 § 2, 1983: prior code § 4236.12)
b. Under a reservation or a permit issued by
the director. and when operated in accordance 12.20.050 Reservation of park areas and
with the terms of the reservation or permit. structures.
3. Power Source for Amplifiers. Amplifiers A. Reservation for Park and Recreation
permitted in parks shall be operated only Department Activities. The director shall be
through a power source provided by the park responsible for scheduling and controlling the
department. use of parks, or portions thereof, for the max-
4. Regulation of Amplified Volume. If, at imum benefit and participation by interested
any time,the police department determines that persons and groups, both public and private.
the sound produced by an amplifier in the park Activities sponsored by the park and recreation
is unreasonably interfering with other persons department shall be given preference in the use
using the park or with nearby residents in the of city parks.
comfortable and reasonable enjoyment of their B. Reservations Without Formal Permits.
premises, an officer shall request the person in Persons who desire to use park areas or struc-
243 (San Luis Obispo 7-84)
2 - f7
12.20.060-12.20.070
tures for gatherings or assemblies of less than cant to provide additional water and sanitary
fifty persons may request the director to reserve facilities and refuse receptacles as he reasonably
designated park areas for such use. believes to be necessary for the protection of the
If the director is satisfied from the informa- public health, safety and welfare in connection
tion presented to him that the desired area may with the intended use.
be reserved for the intended use without unrea- 4. The director may require the applicant to
sonably interfering with the use of the park by provide a designated number of approved
other persons, and without disturbing the peace security personnel for the puropses set forth by
of the surrounding neighborhood,he may grant the chief of police upon such application.
the reservation upon such conditions as he 5. The applicant shall agree to reimburse the
deems necessary.The director will issue reserva- city for any unusual cleanup and facility repair
tion forms as necessary to verify the granting of expenses incurred as result of the activity autho-
such reservations. rized by the permit. (Prior code § 4226.4)
If, for any reason, the director is not satisfied
as to the reasonableness of the proposed activity 12.20.060 Transfer of permits or
in relation to the use of the park by other per- reservations—Written consent
sons, or as to the effect of such use upon the required.
peace of the neighborhood, or if he finds that he No permit or reservation for the use of a park.
is unable to agree with the applicant as to the or any portion thereof, shall be transferable
conditions to be imposed, he shall ask the appli- without a written consent of the director. (Prior
cant to fill out a request for formal permit in code § 4226.5)
accordane with the procedures of subsection C
of this section. 12.20.070 Appeal—Hearing—Council's
C. Reservations by Formal Permits. The fol- determination to be final.
lowing procedures shall be followed by persons Any person aggrieved by any act ordetermin-
desiringto reserve park areas for gatherings or ationoftheparkdirectororthe chief ofpolice in
assemblies of fifty or more persons and by per- the exercise of the authority herein granted shall
sons requested by the director to complete a have the right to appeal to the council. The
request for formal permit under the provisions appeal shall be in writing, stating the decision
of subsection B of this section. appealed from and the reasons for the appeal.
1. Applications fo-r formal permits must be The appeal shall be filed with the city clerk
submitted in writing upon forms available at the within five working days after the occurrence of
office of the city park and recreation depart- the act or determination forming the basis for
ment. not less than five working days nor more the appeal. The appeal shall be heard by the
than ninety calendar days in advance of the council at the first regular council meeting
intended use. occurring more than five days after the filing of
2. The director may impose such reasonable the appeal. Appellant may, at his expense.
conditions upon the issuance of the formal per- request that the hearing be transcribed,in which
mit as he deems necessary for the protection of event appellant shall pay a fifty dollar minimum
the public health. safety and welfare, including, deposit for the services of the reporter at the
without limitation. conditions related to: time, time of filing the appeal. Any unused portion of
place, frequency, duration, consumption of the deposit shall be refunded to the appellant.
alcoholic beverages, maximum attendance. The decision of the city council upon the appeal
parking restrictions. and placement of permit- shall be final. (Prior code § 4226.6)
ted apparatus and equipment.
3. The director may also require the appli-
(sm Luis Obispo 7-64) 244
12.20.080-12.20.115
12.20.080 Fees and deposits. persons shall have the powers and duties of a
Fees or deposits required in connection with deputy poundmaster for the purposes of enforc-
the issuance of a reservation or permit shall be ing the city's animal-control regulations(Title 6
paid at the time of such issuance. The fees or of this code) within city parks. For the purposes
deposits may include, without limitation, such of such enforcement, the personnel are autho-
amounts as may be determined by the director or rized to arrest persons and issue citations in
the chief of police to be reasonably necessary as accordance with the provisions of Government
security for repair of damage to park property, Code Section 36900. (Prior code § 4226.10)
for cost of cleanup, and for extra personnel to
regulate conduct and traffic. (Prior code § 12.20.115 Consumption of alcohol unlawful.
4226.7) Except as specifically provided in this chapter,
it shall be unlawful for any person to consume
12.20.090 Insurance required—When, any alcoholic beverage in the following parks or
Any person or group imposing admission park areas:
charges for activities held within city parks shall A. Mission Street and Vista del Lago Playlots;
provide evidence of current insurance holding B. Throop Park;
the city harmless from any liability for injury to C. Santa Rosa Park, except for.
persons or property resulting from the activity. 1. An activity conducted pursuant to a valid
The minimum amount of such insurance shall reservation for a group barbeque area, and
be determined by the city clerk.This section shall 2. Any portion of the park northeast of Barbe-
not apply to activities sponsored by the park que Area No. 2;
department for which a charge is imposed to help D. Mission Plaza, except for special events
defray the cost of the activity. (Prior code § specifically authorized and scheduled by the
4226.8) director,
E. Mitchell Park, except for an activity con-
12.20.100 Duty to`leave closed or reserved ducted pursuant to a valid reservation for the
areas. fenced courtyard area adjacent to the Senior
It shall be the duty of all persons to leave a park Center,
area for which a valid reservation or permit has F. Johnson Playground, except for activities
been issued to any other person or group, or conducted pursuant to a valid reservation;
which has been closed by the director under Sec- G. San Luis Obispo Swim Center,
tion 12.20.045 of this chapter,whenever directed H. Meadow Park, the portion thereof known
to do so by the permittee or by authorized police as the Exposition Green Belt and the children's
or park-personnel. (Ord. 1042 § 2, 1985: prior playground apparatus and fenced pre-school
code§ 4226.9) area.
I. Laguna Lake Municipal Golf Course,
12.20.110 Enforcement. except for activities conducted pursuant to a
A. The police department shall have the pri- valid reservation for the clubhouse barbeque
maty responsibility for the enforcement of the area;
provisions of this chapter, including all vio- J. In or close proximity to any public rest-
lations for state law occurring within city parks. room facility; except for an activity conducted
B. In addition, all personnel in the park and pursuant to a valid reservation for a single pur-
recreation department and all public services pose activity area which is capable ofbeing closed
department personnel in the parks division shall to the general public. (Ord. 1066 § 1, 1986: Ord
have the duty to enforce the provisions of Sec- 1042 § 2, 1985)
tions 12.20.040 and 12.20.050, and all of such
245 (San Luis Obispo 7-90)
PARK USE PERMIT Recrea _ .i & Parks Department
860 Pacific Street
San Luis Obispo, CA 93401
(805) 549-7300
YNERAL.
Name Date
(Print) last first initial
Address Phone
home
city state zip work
EVENT INFORMATION:
ORGANIZATION NAIVE
EVENT DATE 19 HOURS AM to AM
PM PH
(please include preparation& clean-up time)
EVENT TYPE (BBQ, dance, meeting, show, etc.)
ESTIMATED ATTENDANCE: WILL ALCOHOL BE SERVED ( )YES ( )NO
AMPLIFIED MUSIC ( )YES ( )NO
SITE INFORMATION: (please check the appropriate site)
_ Santa Rosa # 1 Johnson Park Mission Plaza Mission Plaza
$15.00 $20.00 $35.00 Broad St. Closed
$50.00
Santa Rosa # 2 Meadow Park Sinsheimer Mission Plaza
$15.00 $15.00 $20.00 Full set-up
$65.00
Cancellation fee: $5.00 Rey deposit for BBQ Pit - $5.00 Received ( )YES ( )NO
Liability Insurance Required ( )YES ( )NO
AGREEMENT FOR USE OF CITY PROPERTY:
The undersigned, herein known as the applicant, understands and agrees that he/she or the
organization that he/she represents shall assume all risks for loss, damage, liability,
injury, cost or expense that may occur during or as a result of the use listed above; the
applicant further agrees that in consideration of permission to use the City property above;
he/she or the organization will same, defend, and hold the City of San Luis Obispo and/or
their employees free and harmless from any Ioss, claims, liability or damages, and/or
Injuries to persons and property that in any way may be caused by the applicants use or
occupancy of said property, the applicant further agrees to be personally responsible for
any damage sustained to the grounds, building, fixtures, or equipment, as a result of their
use of City property. The applicant further certifies that he/she has read the rules on the
and agrees to abide by them.
SIGNATURE '
nEPARTMENT APPROVAL - Office Use Only
Conditions: 1. FEE SUMMARY:
2. Fees: $
3. Deposits: $
DEPARTMENT SIGNATURE DATE APPROVED
7 -Z0
►►►��►���u��,�hi ►���►�I!i!III���'111°►���� IIIII� I
city of sAn lois oBispo
990 Palm Street/Post Office Box 8100 • San Luis Obispo, CA 934038100
becember 10, 1986
The Spindle Restaurant
778 Higuera Street
San Luis Obispo, CA 93401
SUBJECT: Use Permit Appl. A 137-86
778 Higuera Street
On Friday, December 5, 1986, I conducted a public hearing on your
request to allow outdoor entertainment, at the subject location.
After reviewing the information presented, I approved your request,
based on the following finding and subject to the following
conditions and code requirements:
Findings
1. The proposed use will not adversely affect the health, safety and
welfare of persons residing or working on the site or in the
vicinity.
2 . The use is appropriate at the proposed location and will be
compatible with surrounding land uses.
3 . The proposed use conforms to the general plan and meets zoning
ordinance requirements.
4. The proposed use is exempt from environmental review.
Conditions
1. At any time the Hearing officer may review the use permit if
written complaints from citizens or the Police Department are
received by the Community Development Department. The Hearing
Officer may add, delete or modify conditions of approval or may
revoke the use permit.
2. Amplified music shall be limited to between the hours of 12 noon
and 6 p.m. , Monday through Saturday during the months of June,
July, August and September; from noon to 4 p.m. on Sundays; and
from 12 noon to 5 p.m. Thursday, Friday and Saturday only, durin,
the remainder of the year.
3. The applicant shall limit amplification levels to 75 decibles at
all times at the property line.
2 - 2
A137-86
Page 2
Code Recuirements
1. Musicians and patrons of the restaurant shall not use the
adjacent lot for unloading or parking of any vehicles until and
unless the spaces are not needed for any other use and the
adjacent property owner allows it.
2 . The applicant must meet the parking requirement for the C-C zone
for the expanded outdoor dining area.
My decision is final unless appealed to the Planning Commission
within ten days of the action: An appeal may be filed by any person
aggrieved by the decision.
If the use or structure authorized by this use permit is not
established within one year of the date of approval or such longer
time as may be stipulated as a condition of approval, the use permit
shall expire. See Municipal Code Section 17.58. 070.D. for possible
renewal.
If you have any questions, please call Judy Lautner at 549-7166.
Sincerely,
Ken Bruce
Hearing Officer
drs
cc: Casey Patterson
1346 Pismo Street
San Luis Obispo, CA 93401
Evans Namen
2460 W. Menlo
Fresno, CA 93705
Z - ZZ
a tcy of sAn loBispo
990 Palm Street/Post Office Bo: 8100 • San Luis Obispo,CA 9340-8100
December 11, 1985
Sabastians Restaurant
c/o Paul Sanford
1023 Chorro Street
San Luis Obispo, CA 93401
SUBJECT: Use Permit Appl. A 140-85
1022 Chcrro Street
Dear Mr. Sanford:
On Friday, December 6, 1985, I conducted a public hearing on your
request to allow live entertainment in patio of restaurant, at the
subject location.
After reviewing the information presented, I approved your request ,
based on the following findings and subject to the following
conditions:
findings
1. The proposed vse will not adversely affect the health, safety and
weleare of persons residing or working on the site or in the
vicinity.
2. The use is appropriate at the proposed location and will be
compatible with surrounding land uses.
3. The proposed use conforms to the general plan and meets zoning
ordinance requi"ements.
4. The proposed use is exempt from environmental review.
Conditions
1.. Entertainment shall be limited to vocal and instrumental
performances which conform to the city's Noise Control
Regulations.
2. No ot.+tdoor live entertainment shall .occur on the premises between
the hours of 10 p.m. and 7 a.m.
3. There shall be no amplified musical instruments or recordings
used on the outdoor patio area. Vocals may be amplified.
Y••
...._- ._. .�.. _. �.._ ....--.ter•... rw .����. -..__.._ -.. __ _�.� � _..� �..
1
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y 40Q f O COUNCIL HEARING ROOM 0 CITY HALL 6 990 PALM STREET • SAN LUIS OBISPO
'S a
,its O�
"Item to come back to Council
'Denotes action by lead-person
No asterisk-information only
AGENDA A
ADJOURNED MEETING OF THE CITY COUNCIL
MONDAY, MAY 13, 1991 - 7:00 P.M.
COUNCIL HEARING ROOM - CITY HALL
CALL TO ORDER: Mayor Ron Dunin
ROLL CALL: Vice Mayor Bill Roalman, Councilmembers Peg Pinard, Penny
Rappa, Jerry Reiss and Mayor Ron Dunin
ssssssa«•«•ss«ssssessassssssssesssssssss«•sss*ssssssssssssssssssssssssssessses
PUBLIC COMMENT PERIOD
(Not to exceed 15 minutes) M 71
Immediately following roll call, members of the public may address the City Council
on items that DO NOT appear on the printed agenda. Please observe the time limit of
three minutes. A speaker slip (available in the Foyer) must be filed with the City Clerk
prior to the beginning of the meeting.
As a general rule, action will not be taken on issues not listed on the agenda. Staff will
generally be asked to follow-up on such items. The Council is interested in hearing from 1
the public regarding issues or concerns of the community and welcomes your input.
PC-1 Brett Cross, 1217 Mariner's cove, stated a meeting is being held on Wednesday to review `
the Laguna Lake Master Plan
STUDY SESSION« « •ss::«::««««::«__«*«««ss:«: i
1. PRELIMINARY 1991-93 FINANCIAL PLAN (STATLER/233 - 3 hrs.) a
Continued consideration of the Preliminary 1991-93 Financial Plan (continued from
4/29/91).
RECOMMENDATION: Discuss and consider the Preliminary Financial Plan for
1991-93. (Brief agenda report to be sent out under separate cover.)
(Please bring Draft Capital Improvement Plan from 4/29/91 meeting. Discussion
will begin on Page 35 under Transportation, "Streets - Pavement."
Page 1 of 2
t
Council Agenda May 13, 1991
FINAL ACTION. Staff directed to report back on Proposition #116 grant funding
available in connection with the Omutt Road widening project. Staff to submit
S ATLER** schematic plans or a model for O=u Rd widening including median landscaping, Class
I options, and br7lboard removal City Administrative Officer to report back on the
status of the bikeway program and staffing coordination efforts. Staff directed to report
back on providing shade and non-skid element at Sinsheimer Pool Center.
sssssssrrssrrasssassssrsassassssrsasrsssarssrsssssrsrsssasssss*ssrersasssssass
COMMUNICATIONS
(Not to exceed 15 minutes)
During the balance of this meeting, any Councilmember, Commissioner or the City
Administrative Officer may informally update the City Council of written or oral
communications and ask for comment and/or discussion. State law provides that Council
take action only on such matters which have been noticed at least three days in advance of
the meeting unless special circumstances are found to exist. Formal action or approval is
not preferred and such items should be continued to the next Regular meeting.
COMM. I TASK FORCE AGREEMENT - SB 2,55
Councilwoman Rappa reported on Task Force Agreement reached concerning SB 2557
and County collection of jail booking fees and property tax administration fees meeting
to be held Tuesday, May 14, at 9:00 am. for resolution The City Council was
encouraged to attend
COMM. 2 CONTRIBUTION TOA CHILDREN AT RISK QNFERENCE
Councilman Reiss requested Council support to contribute $1,000 to a children at risk
conference sponsored by the Juvenile Justice and Delinquency Prevention Commission.
Upon general consensus, Council concurred with request and staff directed to identify
funding availability.
COMM. 3 ATTENDANCE FOR ADVISORY BODY MEMBERS
Councilwoman Pinard requested reaffirmation of City Council Policies to remove
Advisory Body members who mus the allotted six regular committee meetings in a one
year period Council subcommittee liaisons' recommendation supported
COMM. 4 SOUND AMPLIFICATION
Councilwoman Pinard requested an amendment to the Noise Ordinance to provide a
30 day use permit which automatically renews if there are no noise problems No action
was taken
A. ADJOURNED TO TUESDAY, MAY 14, 1991 AT 7:00 P.M.
Page 2 of 2
.,* cityisof sAn tuis ,'mispo
tn o00 h O COUNCIL HEARING ROOM a CITY HALL • 990 PALM STREET • SAN LUIS OBISPO
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AGENDA
ADJOURNED MEETING OF THE CITY COUNCIL
MONDAY, MAY 132 1991 - 7:00 P.M.
COUNCIL HEARING ROOM - CITY HALL
CALL TO ORDER: Mayor Ron Dunin
ROLL CALL: Vice Mayor Bill Roalman, Councilme Pam's Agenda
Rappa, Jerry Reiss and Mayor Ron Distribution List
I. Unpaid Subscriptions:
(All mtgs.unless o/w noted)
- AIA President .
:ssss«s:ssasass«ss:::ssss«ssss«ss«sssssssssssssssssss«ss — ASI President
PUBLIC COMMENT PERIOD - KCOY
—KCPR
(Not to exceed 15 minutes) _ KDDB
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Immediately following roll call, members of the public may, ad&I -MS
on items that DO NOT appear on the printed agenda. Please c - KSBY
three minutes. A speaker slip (available in the Foyer) must be - KVEC
prior to the beginning of the meeting. -League of women voters
As a general rule, action will not be taken on issues not listed c -Mustang Daily
generally be asked to follow-up on such items. The Council is ' - Pacific Gas & Elec,Co.
g y p -SLO Area Coordinating Council
STATE Of cALtdAzRublic r¢garding issues or concerns of the community and weTelegram-Tribune
COUNTY OF SAY LUIS OBISPO ) SS
CITY OF SAND LUIS 01ISPO ) II.Subscriptions Paid /
I declare under u.:naitj of perjury that I ani employed Envelopes Provided:
by the city of San Luis Obispo in the city clerk's (all mtgs.) :
Department; and that I posted this Agenda near the -Pac.Bell Right of Way Office
front door of*0403Nalheats 7 «sssssses«srsrsssssss«ss«ssssssssssss«ssss«saws«
7 / Y SESSION
Dat ignature
1. PRELIMINARY 1991-93 FINANCIAL PLAN (STATLER/233 - 3 hrs.)
Continued consideration of the Preliminary 1991-93 Financial Plan (continued from
4/29/91).
RECOMMENDATION: Discuss and consider the Preliminary Financial Plan for
1991-93. (Brief agenda report to be sent out under separate cover.)
(Please bring Draft Capital Improvement Plan from 4/29/91 meeting. Discussion
will begin on Page 35 under Transportation, "Streets - Pavement."
Page 1 of 2
Y
Council Agenda May 13, 1991
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COMMUNICATIONS
(Not to exceed 15 minutes)
During the balance of this meeting, any Councilmember, Commissioner or the City
Administrative Officer may informally update the City Council of written or oral
communications and ask for comment and/or discussion. State law provides that Council
take action only on such matters which have been noticed at least three days in advance of
the meeting unless special circumstances are found to exist. Formal action or approval is
not preferred and such items should be continued to the next Regular meeting.
A. ADJOURN TO TUESDAY, MAY 14, 1991 AT 7:00 P.M.
Page 2 of 2