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Home My WebLink About04/16/2002, C4 - FINAL ADOPTION OF ORDINANCE NO. 1412, AMENDING VARIOUS SECTIONS OF THE MUNICIPAL CODE THAT UPDATE T i council j agenda RepoRt t�Nb. CITY OF SAN LUI S O B I S P O FROM: John Mandeville, Community Development Director)Fz>r Prepared By: Tyler Corey, Planning Technician rpe, SUBJECT: FINAL ADOPTION OF ORDINANCE NO. 1412, AMENDING VARIOUS SECTIONS OF THE MUNICIPAL CODE THAT UPDATE THE CITY'S PROPERTY MAINTENANCE REGULATIONS; (TA 134-01). CAO RECOMMENDATION Adopt Ordinance No. 1412 (2002 Series). DISCUSSION On April 2, 2002, the City Council voted 4-1 (Council Member Mulholland voting no) to introduce Ordinance No. 1412 to print. This ordinance amends various sections of the Municipal Code that update the City's property maintenance regulations. Ordinance No. 1412 is now ready for adoption and will become effective thirty days after the date of its final passage. ATTACHMENT Ordinance No. 1412 TA 13401 cc rpt update 2nd c �- 1 ATTACHMENT ORDINANCE NO. 1412 (2002 Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING VARIOUS SECTIONS OF THE CITY MUNICIPAL CODE RELATED TO PROPERTY MAINTENANCE REGULATIONS (TA/ER 134-01) WHEREAS, the Planning Commission conducted a public hearing on January 23, 2002 and recommended approval of amendments to the City's Municipal Code; and WHEREAS, the City Council conducted a public hearing on April 2, 2002 and has considered testimony of interested parties, the records of the Planning Commission hearing and action, and the evaluation and recommendation of staff; and WHEREAS, the City Council finds that the proposed text amendments are consistent with the General Plan, the purposes of the Zoning Regulations, and other applicable City ordinances; and WHEREAS, the City Council has considered the draft Negative Declaration of Environmental Impact as prepared by staff and reviewed by the Planning Commission; and BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Environmental Determination. The City Council finds and determines that the project's Negative Declaration adequately addresses the potential significant environmental impacts of the proposed text amendments to the Municipal Code, and reflects the independent judgment of the City Council. The Council hereby adopts said Negative Declaration. SECTION 2. Sections Amended: Section 2.48.170, 10.36.170, 10.36.180, 10.36.232 17.17.050 and 17.17.080A&B of the Municipal Code are hereby amended to read as follows: 2.48.170 Jurisdiction. A. Architectural Review shall be required for all structures and physical improvements except individual built single-family dwellings. The exception for the individual single-family dwellings shall not apply 1) when architectural review is required as a condition of a subdivision use permit or other discretionary entitlement; (2) when a developer proposes to construct three or more units; (3) when the director determines the site is sensitive as set forth in the procedures document. "Sensitive sites" shall include, but not be limited to, open space zoning areas designated by resolution of the planning commission, architectural review commission or council; (4) where the scale or character of the proposed dwelling contrasts significantly with adjacent or neighboring structures; and (5) where any required parking space that is covered is converted to another use and replacement parking is proposed.. 10.36.170 Designation of residential parking permit areas-Adoption of resolution. A. The Council should, by resolution, designate an area of the city as a residential parking permit c4-z Ordinance No. 1412(2002 Sei,_ ATTACHMENT Page 2 area if the Council finds that 1) the area is predominantly residential, 2) the streets in the area are congested with vehicles parked by persons not residing in the area and the designation is supported by a (60%) majority of the affected residents, or 3) limiting the parking of vehicles along the streets in the area to vehicles registered or controlled and exclusively used by persons residing in the area is necessary in order to preserve the quality of life as defined in resident petition and approved by a(60%) majority of persons residing in the area. 1036.180 Designation of residential parking permit areas - Content of resolution. The resolution designating an area of the city as a residential permit parking area shall describe the designated area in which parking will be limited to vehicles displaying a parking permit issued by the Public Works Department for that purpose and shall set forth the hours and days, as specified by a 60% majority of the residents residing in the district, when parking will be limited to those vehicles. 1036.232 Enforcement. Enforcement of the residential parking permit district shall be on a regular and routine basis, and may be on a complaint basis by residents within the district boundaries. Enforcement personnel shall be dispatched on an as-available basis as determined by the city parking manager/police department. All parking citations issued for noncompliance with the parking permit requirement shall be governed by the civil proceedings set forth in the California Vehicle Code. 17.17.050 Front yard paving. No more than fifty percent of any residential front yard (see definition of "front yard"), not to exceed twenty-six (26) feet in width, may be covered by concrete or other impervious material, including driveways, patio areas, walkways, and other landscape features. Exceptions to this standard can be granted through the Administrative Use Permit process should the proposed paving be compatible with the neighborhood. 17.17.080 Prohibited acts. A. Unlawful acts. It is unlawful for any person, firm, or corporation that owns, occupies or controls property in the City of San Luis Obispo to maintain or fail to maintain such property in violation of Sections 17.17.040, 17.17.050, 17.17.060, or 17.17.070 of this chapter for more than 72 hours. B. Type of offense. Any person who violates Sections 17.17.040, 17.17.050, 17.17.060, 17.17.070, or 17.17.075 of this chapter shall be guilty of an infraction. Violations shall be punishable as set forth in Chapter 1.12 of the San Luis Obispo Municipal Code. Nothing in this chapter shall be deemed or constituted to prevent the City from commencing any civil proceeding otherwise authorized by law for the declaration or abatement of a public nuisance. SECTION 3. Sections Added: Add Section 308.4 to the Uniform Administrative Code (Section 15.04.010) to read as follows: 308.4 Storage of Solid Waste Containers. C � : Ordinance No. 1412(2002 Sen_ ATTACHMENT Page 3 All new Group R, Division 3 occupancies for which a building permit application is submitted after the effective date of this ordinance shall provide a space adequate in size to store and screen all solid waste containers when viewed from the public right-of-way. The storage area shall have minimum dimensions of 3-feet by 8-feet or 6-feet by 6-feet and shall not conflict with required parking spaces. If the storage area is located in the front yard setback established by other ordinances, the storage area shall be screened by a fence, partition or other enclosure in compliance with maximum height limitations. In no case shall a partition or enclosure required by this section be less than 48-inches in height. Add Section 17.17.075 to read as follows: 17.17.075 Neighborhood Preservation. It shall be unlawful and a public nuisance for any person, firm or corporation, owning, leasing, occupying, or having possession of any private property in the City to maintain such property in such amanner that any of the following conditions are found to exist thereon. 1. Buildings which are abandoned, partially destroyed or damaged or left in an unreasonable state of partial construction, whose owners have been notified by the City that the property has been determined to be in violation of this section. An abandoned building means any building or structure which is not occupied, used or secured for a period of one (1) year or more. A partially destroyed or damaged building means any building or structure in which 25% or more of the structure has been destroyed or damaged and not repaired or replaced for a period of one (1) year or more. An unreasonable state of partial construction is defined as any unfinished building or structure that has been in the course of construction for two (2) years or more, and the condition of said unfinished building or structure or accumulation of construction materials substantially detracts from the appearance of the immediate neighborhood. 2. Paint or finish material on the exterior surface of a building or other structure that has become substantially deteriorated, damaged, or unsightly so as to significantly detract from the appearance of the immediate neighborhood.. For the purposes of this Chapter, "substantially" shall be defined as the absence or deterioration of a required protective covering exceeding 25% of the exterior surface area, including, but not limited to, chipping, curling, damaged or missing paint. Exterior surfaces shall include gutters, downspouts, trim, doors, window, fences, and walls. 3. Broken, deteriorated, neglected, abandoned, or substantivally defaced structures, equipment, machinery, ponds, pools, or excavations visually impacting on the neighborhood or presenting a risk to public safety or nuisance attractive to children. For the purposes of this Chapter, "nuisance attractive to children" shall mean any condition, instrumentality or machine located in a building or on premises, which is or may be unsafe or dangerous to children by reason of their inability to appreciate the peril therein, and which may reasonably be expected to attract children to the premises and risk injury by playing with, in, or on it. 4. Parking lots, driveways, paths or other paved surfaces, except when located in a rear or side yard of a single family dwelling, which contain substantial cracks, potholes or other deficiencies posing a substantial risk of harm to the public. �f - ATTACHMENT Ordinance No. 1412(2002 Sen.-_, Page 4 5. Trees, weeds, or other types of vegetation that are dead, decayed, infested, diseased, overgrown, or harbor rats or vermin and are visible from a public right-of-way. For the purpose of this chapter, 'overgrown" is limited to lawns or weeds over 12" in height. Creek and riparian areas are subject to separate regulations. 6. Buildings, structures, or other surfaces upon which graffiti exists. Graffiti, as used in this Chapter, shall mean defacement, damage, or destruction by the presence of paint, ink, chalk, dye, or other similar substance; or by carving, etching, or other engraving. 7. Any violation of the provisions of a conditional use permit, planned development permit, architectural review approval,variance or other land use entitlement or land use permit. 8. Maintenance of property in such condition as to be detrimental to the public health, safety, or general welfare in such a manner as to constitute a public nuisance as defined by Civil Code Section 3480. SECTION 5. A summary of this ordinance, together with the names of the Council members voting for and against, shall be published at least five (5) days prior to its final passage, in the Telegram-Tribune, a newspaper published and circulated in this City. This ordinance shall go into effect at the expiration of thirty (30) days after its final passage. INTRODUCED on the day of 2002, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the day of , 2002, on the following roll call vote: AYES: NOES: ABSENT: Allen K. Settle, Mayor ATTEST: Lee Price, City Clerk APPROVED AS TO FORM: ff . J ge n, Attorney Lee Price-Meeting Date: 4-16-02, Cons- `Agenda Item C4 - fe From: "Cydney Holcomb"<cholcomb@charter.net> To: "Ken Schwartz"<kschwartz@slocity.org>, "Christine Mulholland" <cmulholland@slocity.org>, "Allen Settle" <asettle@slocity.org>, "John Ewan" <jewan@slocity.org>, "Jan Marx"<jmarx@slocity.org> Date: 4/16/02 12:05PM Subject: Meeting Date:4-16-02, Consent.Agenda Item: C4 April 16, 2002 RE: Item C4 Final Adoption of Ordinance No. 1412, amending various sections of the Municipal Code that updates the City Property Maintenance Regulations (TA 134-01) Honorable Mayor and City Council Members, Thank you very much for supporting the NSTs efforts to update several Municipal Code sections dealing with residential property maintenance, garage conversion standards, and other neighborhood quality of life issues.We also share your concerns regarding the need for increased enforcement in this area and will happily make that pitch at budget time!Accordingly, and consistent with your majority decision on April 2, 2002,we ask you to vote tonight for final passage of Ordinance No. 1412. Once again,we want to thank you for your all of your contributions, past and present, toward the preservation and enhancement of our City's neighborhoods. Sincerely yours, 7t12rATr0RNEY 0 CDD DIR Cydney Holcomb 0 FIN DIR Chairperson, RQN B'ACAp FPW pIRHIEF ❑ POLICE CHF CC: "Lee Price"<Iprice@slocity.org> ❑ REC DIR �^rr a UTIL DIR ' hlay�deu'I�e❑ HR DIR ✓ fZ- Bryn r M. Ofaz� ,� K. wh�sernand RECEIVED 7�R 2002 SLO CITY CLERK .. N -�h-o2 AGENDA -y II��IIIIIIIIIIIIIIIII11" IIIII�II ITEM # council memos m um DATE: April 16, 2002 TO: City Council VIA: Ken Hampian, CAO(;7rK FROM: John Mandeville, Community Development Direct?� BY: Ronald Whisenand, Deputy Community Development DirectorQ SUBJECT: Property Maintenance Ordinance 2„d Reading(Agenda Item C-4) Based on concerns raised by a citizen, Councilperson Marx has recommended some minor additions to Subsection 5 of the draft Neighborhood Preservation regulations (17.17.075) related to removal of overgrown vegetation. The additional language in the attached legislative draft ordinance clarifies the intent of the Council at the April 2°d public hearing, that the regulations not cause removal of sensitive habitat within the City. RCOUNCIL C CDD DIR CACAO C FIN DIR IffACAO C FIRE CHIEF M ATTORNEY C' PW DIR aCLERK/ORIG C POLICE CHF CJ DEPT HEADS G REC DIR Er._TRLv G UTILDIR LzY^� Adivelk . G HR DIR V M. ra2e� ✓ 0.whi5eria.nd -r. coray RECEIVED iLR 1 c 200' SLO CITY CLERK Red File Memo on Property Maintenance Ordinance Ordinance No. 1412(2002 Series) — Page 4 5. Trees, weeds, or other types of vegetation that are dead, decayed, infested, diseased, overgrown, or harbor rats or vermin and are visible from a public right-of-way. For the purpose of this chapter, "overgrown" is limited to lawns or weeds over 12" in height. Cree axd, ri2aarian arm open space, grasslands or other sensitive habitat and unique resourc meas as defined by the General, I are subject to separate regulations. 6. Buildings, structures, or other surfaces upon which graffiti exists. Graffiti, as used in this Chapter, shall mean defacement, damage, or destruction by the presence of paint, ink, chalk, dye, or other similar substance; or by carving, etching, or other engraving. 7. Any violation of the provisions of a conditional use permit, planned development permit, architectural review approval, variance or other land use entitlement or land use permit. 8. Maintenance of property in such condition as to be detrimental to the public health, safety, or general welfare in such a manner as to constitute a public nuisance as defined by Civil Code Section 3480. SECTION 5.A summary of this ordinance, together with the names of the Council members voting for and against, shall be published at least five(5) days prior to its final passage, in the Telegram-Tribune, a newspaper published and circulated in this City. This ordinance shall go into effect at the expiration of thirty(30) days after its final passage. INTRODUCED on the day of , 2002, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the day of 2002, on the following roll call vote: AYES: NOES: ABSENT: Allen K. Settle, Mayor ATTEST: Lee Price, City Clerk APPROVED AS TO FORM: Jeffrey G. Jorgensen, City Attorney