HomeMy WebLinkAbout0687ORDINANCE NO. 687 (1976 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO
AMENDING THE OFFICIAL ZONE MAP (TO REZONE
PROPERTY AT 2803 JOHNSON AVENUE).
BE IT ORDAINED by the City Council of the City of San Luis Obispo as
follows: '
SECTION 1. That the following described portion of the City of San Luis
Obispo as shown on the Official Zone Map of the City of San Luis Obispo be re-
classified as follows: Said property is also shown on the map attached hereto
marked Exhibit "A" and incorporated herein by reference.
From District R -1 (Residential Low Density) & R -3 (Restricted Multiple
Family Residential to PD R -2. (R0574), Planned Development, Residential Medium
Density, & PD R -1 (R0574), Planned Development, Residential Low Density, respec -
tively,real property described as:
All that certain land situated in the State of California, County of San Luis
Obispo, described as follows:
That portion of the East half of the Southwest quarter of Section 36, in
Township 30 South, Range 12 East, Mount Diablo Base and Meridian, in the
City of San Luis Obispo, County of San Luis Obispo, State of California,
according to the official plat or plats of the survey of said lands
returned to the General Land Office by the Surveyor or General, des-
cribed as follows:
Beginning at the intersection of the Southeasterly line of the Goldtree
Vineyard Tract, according to the map of said tract recorded September 30,
1893 in Book 1, page 14 of Record of Surveys, with the Southwesterly line
of County Road No. 257, as conveyed to the County of San Luis Obispo by
deed recorded November 4, 1932 in Book 130, page 137 of Official Records,
which point of intersection is South 26' 12' West 1086.42 feet from corner
No. 16 as shown on the map of the said Goldtree Vineyard Tract; thence
South 26' 12' West along the said Southeasterly line of the Goldtree Vine-
yard Tract and the extension thereof, 461.13 feet to the true point of the
beginning; thence South 63' 48' East 150 feet; thence North 26' 12' East
330.33 feet; thence North 63' 48' West 150 feet; thence South 26' 12' West
330.33 feet to the true point of beginning.
General location:
2803 Johnson Avenue
R
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• Ordinance No. 687 to
176 Series)
SECTION 2. This Ordinance, together with the ayes and noes, shall be pub-
lished once in full, at least three days prior to its final passage, in the
Telegram- Tribune, a newspaper published and circulated in said City, and the
same shall go into effect at the expiration of thirty days after its said final
passage.
INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo
at a Regular Meeting thereof held on the 26th day of October, 1976, on motion of
Councilman Gurnee seconded by Councilman Grahamand on the following roll call
vote:
AYES: Councilmen Graham, Gurnee, Petterson and Mayor Schwartz
NOES: Councilmen None
ABSENT: Councilman Norris
ATTEST:
APPROVED AS TO ORM:
City Attorney
APPROVED AS TO CONTENT:
Administrative 0 A ice
Director
Development
Exhibit A.
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Ow cr
A-3
R - /YO PD R- 1'0057-f)
M,T-.3
70 PD R- P. 00574)
Exhibit A.
FINALLY PASSED this 16th day of November
by the following roll call vote:
ATTEST:
1976 ,
AYES: Councilmen Graham, Gurnee, Norris, Petterson
and Mayor Schwartz
NOES: None
ABSENT: Norte
CLERK J.H. FITZPATRICK
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` —• AN 4E
ONCE OF THE CIT "i
OF SAN LUIS OB 0
ILE Uwy
y
AMENDIm
CHAPTER 2 OF ARTICLE
V OF THE hu-
NICIPAL
CODE RELATING TO
SOLID WASTE COL-
LECTION
AND DISPOSAL.
/�G�7ro
BE IT ORDAINED
by the Council of
the City of San Luis
Obispo as
follows:
SECTION 1. Sections_5200 and 5200.1 of the Municipal Code are
hereby amended to read in full as follows:
SECTION 5200. Definitions.
Words used in this Chapter are defined as hereinafter provided, to wit:
(a) City Disposal Site - The words "City Disposal Site" mean and refer
to that certain tract of land which the franchisee shall furnish
and use as a place of depositing garbage, rubbish and rubble.
(b) Franchisee - The general term "Franchisee" includes and means a
person whom the City has granted the privilege of collecting and
disposing of refuse, garbage, rubbish and other solid waste pro -
duced within the limits of the City under the terms set out in
this Chapter, and under the provisions of the Charter of the City,
as amended.
(c) Garbage - The word "Garbage" means and includes kitchen and table
refuse, offal, swill, and also every accumulation of animal and
vegetable refuse, and other matter that attends the preparation,
consumption,, decay, or dealing in or storage of meats, fish, fowl,
birds, fruits, or vegetables. It shall also include crockery,
bottles, tin vessels, fireplace ashes, and all or any refuse, save
and excepting as herein defined as rubbish or rubble.
(d) Incinerator - The term "Incinerator" includes and means fireproof
receptacles approved by the City Engineer or Fire Chief, and used
for disposing of combustible rubbish on private premises.
(e) Refuse - The general term "Refuse" includes and means garbage,
rubbish or both..
(f) Refuse Collector - The term "Refuse Collector" as.used in this
Chapter includes and means the same as heretofore defined for the
term "Franchisee."
(g) Rubbish - The term "Rubbish" includes and means all combustible and
non- combustible waste matter, excepting garbage ordinarily accumulat-
ing in and about residences, flats, buildings, apartment houses,
lodging houses, hotels, restaurants, eating houses, stores, shops,
offices, and other public buildings. Among other things, it shall
include tree trimmings, grass cuttings, dead plants and weeds, but
shall not include rubble.
(h) Rubble - The term "Rubble" includes and means all debris from the
construction, demolition or alteration of buildings, earth, rocks
or incinerator ashes, brick, mortar, concrete and similar solid
material.
fees by the franchisee since such fees in many cases require periodic surveys
or audit of the number of pick -ups and the amounts of garbage involved. All
fees shall be collected in advance.
SECTION 5200.6A. Collection Rates for Solid Waste Disposal.
Collection rates for solid waste disposal shall be set by a resolution
of the Council.
SECTION 3. Sections 5200.10 through 5200.11 of the Municipal Code are
hereby amended to read in full as follows:
SECTION 5200.10. Disposal by Producer.
Nothing in this Chapter contained shall be construed to prohibit any
producer of refuse, garbage or rubbish from personally hauling in producer's
vehicle, through the streets of the City and disposing of same at the City
Disposal Site, provided that such hauling and disposal shall at all times
be subject to the approval of the Health Officer.
The person in charge of any vehicle used to haul refuse, garbage, or
rubbish under the permission granted by the provisions of this Chapter
shall, on request from the custodian of or person in charge at the City
Disposal Site, exhibit satisfactory evidence showing that such refuse,
garbage, or rubbish accumulated in, and was hauled from, the City, and
that the producer thereof is a resident of the City.
The permission granted by the provisions of this Chapter shall not
include the right to haul and dispose of dead animals, the refuse from
the construction, demolition or alteration of buildings, old automobile
bodies or frames, nor any refuse or rubbish originating in a commercial
establishment where the quantity exceeds one (1) cubic yard.
The City is hereby authorized, by resolution duly adopted by the
Council, to provide that any person who shall haul his own garbage, refuse
or rubbish and dispose of the same.at the City Disposal Site shall pay to
the franchisee holding a franchise from the City, a fee for such privilege.
The rate of such fee shall be established by such resolution and may be
changed from time to time by the Council by resolution duly adopted by
the Council.
SECTION 5200.11 Certain Hauling Prohibited.
No person, other than the franchisee, shall collect, remove or haul
solid wastes including but not limited to refuse or rubbish over the
streets of the City; provided, however, that this section shall not
apply to producer hauling as provided in Section 5200. , nor to persons
who have a permit from the Health Officer or City Engineer for emergency
removal of the same.
s SECTION 4. S, ''ions 5200•.13 through 5200.14 of`he Municipal Code are
hereby amended to rein in full as foliows:
SECTION 5200.13• Enforcement
The City Engineer, the Health Department, and the Police Department are
specifically required to enforce the provisions of this Chapter, and shall
have the right to enter any and all premises for the purpose of determining
whether the provisions of this Chapter are being conformed with, and no
person shall deny or obstruct such entry.
No person shall in any manner interfere with the collection or disposal
of garbage, refuse or rubbish by any person authorized by franchise to
collect and dispose of-the same.
SECTION 5200.14. Franchise for Collection Authorized.
For the collection and disposal of garbage; refuse and rubbish a franchise
may be granted by the City in accordance with and subject to the terms and
conditions of this Chapter and the City Charter.
SECTION 5. This Ordinance, together with the ayes and noes, shall be
published once in full, at least three (3) days prior to its. final passage
in the Telegram- Tribune, a newspaper published and circulated in said City,
and the same shall go into effect thirty (30) days after said final passage.
INTRODUCED AND PASSED TO PRINT by the Council of the City of San
Luis Obispo at a meeting thereof held on the 5th day of October
1976 , on motion of Councilman Gurnee
seconded by Councilman
Norris , and on the following roll call vote:
AYES: Councilmen Graham, Gurnee, Petterson and Mayor Schwartz
NOES: Councilman Norris
ABSENT: None
ATTEST:
ty lerk
Approved as to orm: Approved as to content:
WENDT, MITCHELL SINSHEIMER,
DE LA MOTTE & L LLEY, INC.
City Attorney
City Administrative Of er
By Allen Grimes
• s
(i) Solid Waste - The term "Solid Waste" includes and means all waste
substances including garbage as well as combustible and non -com-
bustible wastes.
SECTION 5200.1. Solid Waste. Regulations for Accumulation.
No person shall deposit, keep, accumulate or permit any rubbish, rubble,
garbage or other solid waste to be deposited, kept or accumulated upon any
lot or parcel of land, or on any public or private place, street, lane,
alley or drive, unless the same shall be kept, deposited.or allowed to
accumulate as provided in this Chapter.
(a) Garbage - No person shall keep, accumulate or permit to be kept or.
accumulated any "Garbage" upon any lot or parcel of land, or on any public
or private place, street, lane, alley or drive, unless the same shall be
in metal or plastic receptaclesprovided with handles. Each receptacle
shall have a capacity of not less than five (5) gallons and not more than
thirty -five (35) gallons. The maximum weight of a receptacle and its
contents at collection time shall not exceed seventy -five (75) pounds.
Each receptacle shall be provided with close - fitting metal or plastic
lids or covers which shall be kept closed at all times except when neces-
sarily opened to permit garbage to be taken therefrom or deposited there-
in. Each receptacle shall be kept in a clean, neat, sanitary condition
at all times. The outside of each receptacle, including its cover, shall
be kept clean from accumulating grease or decomposing material.
(b) Rubbish - No person shall keep or accumulate any "Rubbish" or other
solid waste unless the same be kept in a suitable box or boxes, barrels or
other suitable receptacles to be kept on each of the premises, sufficient
to hold the rubbish which would ordinarily accumulate on such premises.
(c) Location of Garbage and Rubbish Containers - Each garbage vessel,
tank, or receptacle, and each rubbish container provided by the owner,
manager or person in possession, charge or control of any restaurant,
hospital, hotel, boarding house, cafe, cafeteria, and other like eating
places, apartment houses, and of butcher shops and green vegetable stores
and every person occupying a dwelling within the City, shall be kept or
placed entirely above ground level at a location which is convenient for
access by collection personnel during the time for collection, as follows:
(1) Where there is an alley, other than a blind alley, in the rear of
the premises, such vessel, tank, receptacle, or rubbish container
shall be placed on the premises within five (5) feet of the rear
property line.
(2) Where there is no alley, such vessel, tank, receptacle, or rubbish
container shall be placed on the premises within twenty (20) feet
of the rear of the restaurant, cafe, cafeteria, hospital, hotel,
boarding house, and other like eating places, apartment houses,
or dwelling from which garbage or rubbish is accumulated.
(d) Containers which do.not comply with the requirements as stipulated
in this Chapter, or which deteriorate to the point where they do not comply
` will be tagged by the franchisee and, if not replaced by the next regular
collection day, will be considered as rubbish and will be removed by the
franchisee in the same manner as any other rubbish.
(e) No person shall place, store, or otherwise keep any garbage or
rubbish container in a receptacle or pit in an exterior location which is
not entirely above ground level.
(f) Refuse and rbage containers shall not be ced adjacent to
the street for pickup more than twenty -four (24) hours prior to pickup
time, and such containers shall be removed within the twelve (12) hour
period following pickup.
SECTION 2. Sections 5200.4 through 5200.6A of the Municipal
Code are hereby amended to read in full as follows:
SECTION 5200.4. Same.. City Health Officer or City Engineer
Directs Removal.
It shall be the duty of any franchisee engaged in or conducting the
business of collecting garbage or rubbish to remove rubbish or garbage to
which the attention of the franchisee may be directed by the Health
Officer or City Engineer, and where garbage or rubbish is accumulated and
thence removed, any and all the cost of said removal of garbage or rubbish
shall be collected in accordance with:the provisions of this Chapter.
SECTION 5200.5. Same. City Disposal Site.
(a) The franchisee shall provide a parcel of land known as the City
Disposal Site, situated without the City limits.
All garbage, refuse and rubbish collected within the City limits shall
be delivered to the Disposal Site and disposed of in accordance with the
regulations of the Disposal Site and in accordance with the instructions
of the Custodian in charge of the Disposal Site.
(b) The Council is hereby authorized to adopt by resolution all neces-
sary rules and regulations for the efficient and sanitary maintenance of
the City Disposal Site, and to change or amend the same.
SECTION 5200.6. Use of Solid Waste Disposal Service Mandatory.
(a) It is hereby found and determined that the periodic collection of
garbage, wet garbage, refuse or rubbish, hereinafter collectively referred
to as "Solid Wastes" from all places in_the City benefits all occupants of
places and premises in.the City, and in nearly every case the person who
is the occupant of any place in or from which solid wastes are created,
accumulated or produced has already contracted for other municipal services
to the premises.
(b) Solid Waste Disposal Service, subject to the limitations herein
noted will hereafter be provided by the City through its franchisee and
it shall be mandatory for all places and premises in the City in or on
which garbage or other solid waste is created, accumulated or produced
to use the City's collection service; provided, however, that there may
be joint or multiple use of solid waste containers, subject to conditions
established by the City.
(c) For the purposes of establishing liability and responsibility for
the payment of the fees hereinafter set forth, the party responsible for
payment for garbage service is deemed to be the person who has heretofore
applied or will hereafter apply for water service to each place or premise
within the City and the fees hereinafter set forth for single family res-
idences shall be collected with the City's water bills, provided that any
parcel containing occupied structures or structures from which such solid
waste is created and not connected to the City water service shall be
billed directly by the City. In the case of apartments, duplexes and
commercial establishments, the City Council has authorized collection of
FINALLY PASSED this 26th day of October 1976
by the following roll. call vote:
AYES: Councilmen Petterson, Gurnee, Graham and Mayor Schwartz
NOES: None
ABSENT: Councilman Norris
ATTEST:
CITY CLERK J.H. FITZPATRICK