FOR THE COUNCIL MEETING OF JUNE 7, 2022
COUNCIL AGENDA REPORT
TO: City Council
FROM: City.Attomey
Prepared by: Sr. Assistant City Attorney
SUBJECT: MAY 2022 TECHNICAL AMENDMENTS
RECOMMENDATION:
That the City Council conduct the second reading and adopt Ordinance No. 2022-04 amending various sections of the Santa Maria Municipal Code relating to parcel map approval; the Historical Museum; the Library Board; Accessory Dwelling Units; Planning Commission powers and duties; Administrative Penalties; Administrative Citations; General Penalties; Boards and Commissions; Mobile Commercial Washing; Parking Structure Use; Authority to Issue Citations; Underground Utilities; Absorption of Landmark Committee duties by the Recreation & Parks Commission; Density Bonus; and Compensation Plan.
BACKGROUND:
At its regular meeting held on May 17, 2022, the City Council held a public hearing and introduced Ordinance No.2022-04 to adopt the May 2022 Technical Amendments. This constitutes the second reading of Ordinance No. 2022-04. This Ordinance will become effective 30 days after the City Council adoption.
JEFFREY J. 'ATRICK
Sr. Assis 6t City Attorney
THOMAS T. WATSON
{-City Attomey
1/1
ORDINANCE NO. 2022-04
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MARIA,
CALIFORNIA, AMENDING VARIOUS SECTIONS OF THE SANTA MARIA MUNICIPAL CODE RELATING TO PARCEL MAP APPROVAL; THE HISTORICAL MUSEUM; THE LIBRARY BOARD; ACCESSORY DWELLING UNITS; PLANNING COMMISSION POWERS AND DUTIES; ADMINISTRATIVE PENALTIES; ADMINISTRATIVE CITATIONS; GENERAL PENALTIES; BOARDS AND COMMISSIONS; MOBILE COMMERCIAL WASHING; PARKING STRUCTURE USE; AUTHORITY TO ISSUE CITATIONS; UNDERGROUNDING UTILITIES; ABSORPTION OF LANDMARK COMMITTEE DUTIES BY THE RECREATION AND PARKS COMMISSION; DENSITY BONUS; AND COMPENSATION PLAN.
WHEREAS, on April 6, 2022, the Planning Commission conducted a public hearing to review the proposed amendments to the Zoning Ordinance (Title 12), specifically Santa Maria Municipal Code Sections 12-28.06, 12-48.03, and 12-56.04. The Planning Commission adopted Resolution No. 2810 recommending that the City Council introduce and adopt the zoning text amendments [Z2022-0001] to Title 12.
The City Council of the City of Santa Maria, State of California, does ordain as follows:
SECTION 1. Section 11-6.07 of Chapter 11-6 the Santa Maria Municipal Code is hereby amended as follows:
Section 11-6.07. Final and Parcel Map Processing.
Parcel or Final Map Procedures following tentative map approval shall comply with the current version of the subdivision Map Act.
SECTION 2. Section 2-12.113 of Chapter 2-12 the Santa Maria Municipal Code is hereby repealed in its entirety.
SECTION 3. Section 2-13.01 of Chapter 2-13 the Santa Maria Municipal Code is hereby amended as follows:
Section 2-13.01. Establishment.
A public library is established in and for the City to be maintained in all respects in accordance with the provisions of Chapter 5 of Part 11, of Division 1 of the Education Code; provided, however, that Education Code §§ 18914, 18919, and 18921 and any successor section shall not apply to the Santa Maria Public Library.
SECTION 4. Section 2-13.02 of Chapter 2-13 the Santa Maria Municipal Code is hereby amended as follows:
1 Section 2-13.02. Library Board Established: Composition and Powers. (a) The Library Board shall be composed of five (5) members, all of whom represent the community at -large.
(b) The Library Board is advisory to the Library Director on library matters. Library matters for which advice may be sought include library programs and services, library policies and procedures, and strategic planning and goal setting.
SECTION 5. Section 12-56.04 of Chapter 12-56 of the Santa Maria Municipal Code is hereby amended as follows:
Section 12-56.04. Development standards for ADUs.
(a) ADUs within existing space. An ADU within an existing structure (e.g. the primary dwelling unit, attached or detached garage or other accessory structure) shall be permitted ministerially with a building permit if it:
(1) Complies with building and safety codes;
(2) Provides independent exterior access from the existing residence; (3) Provides sufficient side and rear setbacks for fire safety. (b) ADUs (attached and detached).
(1) General.
a. Sale of Unit. Except as otherwise provided in Government Code Section 65852.26, the unit may not be sold separately from the primary dwelling unit.
All restrictive covenants, and other contractual agreements with the City apply to the property.
b. Rental of Unit. Rental of the ADU is allowed for not less than 30 days. (c) Zoning District. ADUs are only allowed on lots that are zoned for residential uses with an existing legal single-family or multi -family dwelling, or in connection with a proposed single-family or multi -family dwelling for a vacant lot. (1) Number of ADUs (attached and detached) located on lots containing an existing or proposed single-family dwelling. Only one attached or one detached ADU shall be allowed for each lot with a single-family dwelling or in connection with a proposed single-family dwelling for a vacant lot. Refer to Section 12-
56.05 for standards when an attached or detached ADU may be combined with a JADU.
(2) Number of ADUs (attached and detached) located on lots containing existing multi -family dwelling units. At least one ADU shall be allowed within portions of an existing multi -family dwelling or accessory structure with a Building Permit when in compliance with the following development standards:
a. The ADU shall be located within portions of the existing multi -family dwelling or accessory structure not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages.
2 b. The total number of ADUs shall not exceed 25% of the existing multi- family dwelling units on the lot. For example, a lot containing eight multi- family dwelling units may contain up to two accessory dwelling units. c. A maximum of two (2) ADUs that are located on a lot that has an existing multi -family dwelling, but are detached from the multi -family dwelling shall be allowed and the following shall apply:
i. A height limit of 16 feet;
ii. Four (4) foot rear and side yard setbacks.
d. If the number of allowed ADUs includes a fraction of a unit, any decimal fraction of less than 0.5 shall be rounded down to the nearest whole unit and any decimal fraction of 0.5 or greater shall be rounded up to the next whole unit.
(3) Building Codes. Local building code requirements apply to attached and detached ADUs, as appropriate.
(4) Passageway. No passageway shall be required in conjunction with the construction of an accessory dwelling unit.
(5) Fire Sprinklers. Fire sprinklers are not required for ADUs unless the existing residence is equipped with fire sprinklers, or unless the Fire Marshall determines that due to special circumstances sprinklers are necessary for life and safety. Fire sprinklers may be considered as mitigation for sub -standard Fire Department access or water supply.
(6) Utility Meters. ADUs shall not be considered new residential uses for the purpose of calculating utility connection fees or capacity charges, including water and sewer service. ADUs contained within an existing residence or an existing accessory structure are not required to install new or separate utility connections or pay a related connection fee or capacity charge. For new attached and detached ADUs, the connection fee and/or capacity charge must be proportionate to the burden of the unit on the water or sewer system based on either its square feet or the number of its drainage fixture unit (DFU) values, as defined by the Plumbing Code.
(7) Growth mitigation fees. Except as provided in Subsection (a), below, the applicant shall pay growth mitigation fees for ADUs in compliance with Ordinances and/or Resolutions in effect at the time the fees are paid. The amount of the required fee shall be determined by adopted fee Resolutions and ordinances and applicable law in effect when paid, provided that the fee is charged proportionately in relation to the square footage of the principal dwelling unit.
a. The applicant shall not be required to pay growth mitigation fees for an ADU of less than 750 square feet.
(8) Access. Two-story detached ADUs, whenever possible, shall limit the major access to stairs, decks, entry doors, and windows to the interior of the lot or an alley, and comply with all development standards. Only one (1) curb cut shall be permitted per parcel and no additional driveways or access points shall be created to accommodate the accessory or main dwelling unit. 3 (9) Openings. If located outside the standard side and rear yard setbacks for the district, windows which face an adjoining residential property shall be designed to protect the privacy of neighbors.
(10) Private Open Space. The main dwelling unit and the additional dwelling unit shall each be provided with a minimum of fifteen (15) feet by fifteen (15) feet of usable private open yard area. No open space will be required if it prevents the construction of either an attached or detached ADU that is at least 800 square feet, at least 16 feet in height with 4 -foot side and rear yard setbacks, and is constructed in compliance with all other development standards. (11) Home Occupations. Home occupations are permitted within an ADU or primary dwelling unit, or both.
(d) Building site.
(1) Lot Size. No minimum lot size is required.
(2) Unit Size. Floor Area.
a. New Construction Attached and Detached ADUs.
i. The floor area of an attached, new construction ADU shall not exceed 50% of the existing primary dwelling unit's living area, or 850 square feet (1,000 square feet for ADUs that provide more than one bedroom), whichever is greater.
ii. The floor area of a detached, new construction ADU shall not exceed 1,200 square feet.
b. Conversion of Existing Space to an ADU.
i. The floor area of an ADU located entirely within the space of an existing or proposed single-family dwelling or existing accessory structure shall not be restricted.
c. The ADU may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing single-family dwelling or accessory structure and the expansion shall be limited to accommodating ingress and egress.
i. Expansion beyond the 150 square foot limitation noted above is allowed provided that the total floor area of the ADU does not exceed the maximum allowable floor area for new construction attached and detached ADUs.
(3) Site Planning. ADUs should be located behind or above the existing dwelling on the site, whenever possible. Designs that significantly alter the street appearance of the existing residence shall be discouraged. (e) Height. A detached ADU shall meet the height requirements of its underlying zoning district. An attached ADU may occupy any level of the primary dwelling unit if it is designed as an integral part of the primary dwelling unit. (f) Setbacks.
(1) No setback shall be required for an existing accessory structure that is converted to an ADU.
4 (g)
(2) An ADU that is constructed above a garage shall be set back a minimum of four (4) feet from the side and rear lot lines and shall follow the setbacks set forth by the garage whenever possible.
(3) Attached and Detached ADUs: The side yard and rear yard setbacks for new structures containing an ADU shall be no less than four (4) feet. (4) Space between Buildings. The space required between buildings shall be what is required in the underlying zoning district provided that it does not prevent the construction of either an attached or detached ADU that is at least 800 square feet, at least 16 feet in height with a 4 -foot side and rear yard setbacks, and is constructed in compliance with all other development standards.
Parking.
(1) Parking for ADUs shall be provided at a rate of one parking space per ADU or per bedroom, whichever is less. These spaces shall be provided in conformance with Section 12-32.12, except that tandem parking is allowed for ADUs as stated in Government Code section 65852.2 unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon the specific site or regional topographical or fire and life safety conditions. (2) Parking requirements for an ADU are in addition to the required parking for the primary dwelling unit.
(3) Parking is not required in any of the following instances:
a. The ADU is located within 1/2 mile walking distance of public transit; b. The ADU is located within an architecturally and historically significant district;
c. The ADU is part of the proposed or existing primary residence or an accessory structure;
d. When on -street parking permits are required but not offered to the occupant of the ADU;
e. When a car share vehicle is located within one block of the ADU. (4) Replacement Parking. When a garage, carport, or covered parking structure is demolished or converted in conjunction with the construction of an ADU, off- street parking space replacement shall not be required. (h) Architectural and aesthetic standards; compatibility. The ADUs scale, appearance, and character shall be similar to and compatible in design with the primary dwelling unit and adjacent residences (e.g., compatible exterior wall materials, window types, door and window trims, roofing materials, and roof pitch).
SECTION 6. Section 2-15.03 of Chapter 2-15 of the Santa Maria Municipal Code is hereby repealed in its entirety and replaced with the following:
Section 2-15.03 Powers and Duties of the Planning Commission.
The Planning Commission shall hold hearings, make recommendations to the City Council, and perform all duties required by law. The Planning Commission shall advise the City 5 Council on any matters concerning the use and development of land in the City when so requested by the City Council.
SECTION 7. Section 1-8.01 of Chapter 1-8 of the Santa Maria Municipal Code is hereby amended as follows:
Section 1-8.01. Applicability.
(a) This Chapter provides for administrative penalties which are in addition to all other legal remedies, criminal or civil, which may be pursued by the City to address any violation of this Code. The City may utilize the provisions of this Chapter for any violation of this Code.
(b) The City may use this Chapter in its absolute discretion.
SECTION 8. Section 1-9.02 of Chapter 1-9 of the Santa Maria Municipal Code is hereby amended as follows:
Section 1-9.02. Applicability.
(a) This Chapter provides for administrative citations, fines and hearing procedures which are in addition to all other legal remedies, criminal or civil, which may be pursued by the City to address any violation of this Code. The City may utilize the provisions of this Chapter for any violation of this Code. This Chapter shall also apply to supplement procedures located elsewhere in this Code in order to provide due process. (b) In the case of a continuing violation pertaining to building, plumbing, electrical, or other similar structural or zoning issues that do not create an immediate danger to health or safety, a reasonable time not to exceed six (6) months shall be provided to remedy or correct the violation prior to imposition of fines or penalties. In determining what is a reasonable time, the City may consider the estimate of local professionals including licensed contractors.
SECTION 9. Section 1-6.01 of Chapter 1-6 of the Santa Maria Municipal Code is hereby amended as follows:
Section 1-6.01. Violations, misdemeanors or infractions. (a) All violations of this Code are a misdemeanor, unless made an infraction by ordinance; provided, however, that City shall have the prosecutorial discretion to cite misdemeanor violations of this Code as an infraction
(b) Violations of provisions determined to be an infraction under the provisions of this Code, or any code adopted by reference by this Code, shall be punished by:
6 (1) A fine not exceeding one hundred dollars ($100.00) for a first violation; (2) A fine not exceeding two hundred dollars ($200.00) for a second violation of the same provisions within one year; and
(3) A fine not exceeding five hundred dollars ($500.00) for each additional violation of the same provisions within one year.
(b1) Notwithstanding any other provision of law, a violation of local building and safety codes determined to be an infraction under this Code are punishable by:
(1) A fine not exceeding one hundred dollars ($130.00) for a first violation; (2) A fine not exceeding five hundred dollars ($700.00) for a second violation of the same ordinance within one year;
(3)
A fine not exceeding:
(A) One thousand three hundred dollars ($1,300.00) for each additional violation of the same ordinance within one year of the first violation. (B) Two thousand five hundred dollars ($2,500.00) for each additional violation of the same ordinance within two years of the first violation if the property is a commercial property that has an existing building at the time of the violation and the violation is due to failure by the owner to remove visible refuse or failure to prohibit unauthorized use of the property. (c) Any person who violates a provision of this Code not specifically deemed an infraction by this Code shall be punished by a fine of not more than one thousand dollars ($1,000.00), or by imprisonment in the county jail for a period not exceeding six (6) months, or by both such fine and imprisonment.
(d) Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of or failure to comply with any provision of this Code, or the provisions of any code adopted by reference by this Code, is committed, continued or permitted by such person and shall be punishable accordingly. (e) In addition to the penalties provided by this section, or elsewhere in this Code, or in any code adopted by reference by this Code, any condition caused or permitted to exist in violation of any of the provisions of this Code, or the provisions of any code adopted by reference by this Code, shall be deemed a public nuisance and may be abated by the City, and each day such condition continues shall be regarded as a new and separate offense. (f) In any civil action, administrative proceeding or special proceeding commenced by the City to abate a public nuisance, to enjoin a violation of any provision of this Code, or to collect a civil debt owing to the City, the prevailing party shall be entitled to recover from the defendant in any such action reasonable attorney's fees and costs of suit. Provided, however, that recovery of attorney's fees shall be limited to those individual actions or 7 proceedings in which the City elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys' fees. Provided further, that in no action, administrative proceeding, or special proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the City in the action or proceeding.
SECTION 10. Section 2-16.01 of Chapter 2-16 of the Santa Maria Municipal Code is hereby amended as follows:
Section 2-16.01. Deemed resignation.
In the event any member of the Planning Commission, the Recreation and Parks Commission, the Board of Examiners and Appeals, or of the Library Board of the City shall, without the express permission of the commission or board of which is a member, misses 25 percent or more of the regular meetings of such commission or board in any calendar year, such member shall be deemed to have resigned from the commission or board and the office shall thereupon become vacant upon acceptance of the deemed resignation by the City Council.
SECTION 11. Chapter 4-21 of the Santa Maria Municipal Code is hereby amended as follows:
CHAPTER 4-21 MOBILE COMMERCIAL WASHING OPERATIONS
Section 4-21.01. Purpose and intent.
The objectives of this Chapter are:
(a) To regulate Mobile Commercial Washing activities to prevent wastewater containing any soap, detergent, degreaser, solvent, emulsifier, dispersant, or any other cleaning substance, or any oils, grime, grit, dirt, heavy metals, substances resulting from the cleaning or other pollutants from being discharged into the City's storm drain system or otherwise on City property or in a manner which would cause damage to property or the environment.
(b) To maintain compliance with applicable stormwater program regulations and to avoid potential fines against the City from regulatory bodies. (c) To establish procedures to carry out the permitting, inspection, and monitoring necessary to ensure compliance with this Chapter.
Section 4-21.02. Definitions.
As used in this Section, the following terms shall have the meanings set forth below, unless the context clearly requires otherwise:
(a) "Applicant" means the applicant for a Permit under this Chapter. 8 (b) "Charity Event Permit" means a permit for a one-time, charitable Mobile Commercial Washing event. Charity Event Permits are limited to a specific day, period, and location.
Charity Event Permits are subject to all the requirements of this Chapter. A single Charity Event Permit covers all individuals participating in the event. Where a Charity Event Permit is for Waterless Mobile Commercial Washing only, a Demonstration is not required. (c) "Demonstration" means the scheduled test after receipt of initial application approval or upon submission of a renewal application. The Applicant will be required to demonstrate knowledge of the requirements of this Chapter, proper use of minimum required equipment, and their ability to comply with the Chapter requirements during the actual washing of a car, to be provided by Applicant. If multiple vehicles, trailers, or other minimum required equipment will be utilized pursuant to the Permit, all vehicles, trailers, or other minimum required equipment must be brought to the Demonstration for approval. (d) "Demonstration Fee" means fee to be paid prior to the Demonstration. The Demonstration Fee is set by Resolution.
(e) "Director" means the Director of the Code Enforcement Division or their designee. (f) "Dirty Water" means water used for purposes of Mobile Commercial Washing that contains any soap, detergent, degreaser, solvent, emulsifier, dispersant, or any other cleaning substance, or any oils, grime, grit, dirt, heavy metals, substances resulting from the cleaning or other pollutants.
(g) "Holding Tank Waste Disposal Permit" means the permit obtained pursuant to Title 8, Chapter 12, Article 8 of the Santa Maria Municipal Code, or a similar permit obtained from an approved disposal facility.
(h) "Holding Tank Waste Disposal Permittee" means a holder of a Holding Tank Waste Disposal Permit or holder of a similar permit from an approved disposal facility. (i) "Examiner" means the individual designated by the Supervisor to conduct and score the Demonstration.
(j) "Commercial Permit" means a Permit for a business to conduct Mobile Commercial Washing pursuant to this Chapter. Commercial Permits are non -transferable. Individuals operating under a Commercial Permit are required to obtain a Business License in addition to the Commercial Permit.
(k) "Mobile Commercial Washing" means any activity conducted for compensation that involves the washing of automobiles, trucks, motorcycles, recreational vehicles, or any other vehicle. A Mobile Commercial Washing operation moves from one location to another, such as to serve customers at their residences or places of work and must not operate from a fixed location. Mobile Commercial Washing includes any temporary car wash event conducted by any person for the purpose of fundraising. (I) "Permit" means a Commercial Permit, Waterless Permit, and/or Charity Event Permit, unless otherwise stated.
9 (m) "Permittee" means the holder of a Permit.
(n) Reserved.
(o) Reserved.
(p) Reserved.
(q) Reserved.
(r) "Supervisor" means the Code Enforcement Supervisor or their designee. (s) "Waterless Mobile Commercial Washing" is a form of Mobile Commercial Washing that does not use water or other methods to rinse a vehicle. Waterless Mobile Commercial Washing is commonly referred to as a waterless wash, spray -on wash, or dry wash. In Waterless Mobile Commercial Washing, a specialized product is sprayed onto the vehicle and then removed by towel rather than rinsed. Waterless Mobile Commercial Washing does not contribute to stormwater regulatory issues because there is no water or other liquid removing contaminants from vehicles and into drainage gutters. (t) "Waterless Permit" means a Commercial Permit or Charity Event Permit that is useable only for Waterless Mobile Commercial Washing.
Section 4-21.03. Permit required.
(a) No person or business shall engage in conduct or carry on Mobile Commercial Washing in the City without first obtaining and maintaining a Permit issued pursuant to this Chapter.
(b) Employees of a licensed business operating under a Commercial Permit issued to their employer are not required to obtain a Permit or perform a Demonstration. Employees are responsible for compliance with this Chapter and may be individually cited as a violator. Employers are responsible for ensuring their employees' compliance with this Chapter and shall be cited as a responsible party for the violations of their employees or agents.
Section 4-21.04. Application procedure.
(a) Applications. Applications for Permits and Permit renewals shall be filed with the Supervisor and shall comply with the following requirements:
(1) Applications shall be accompanied by a fee in an amount established from time to time by resolution of the City Council.
(2) Applications shall be completed on a form designated by the Director, and shall be signed by the Applicant under penalty of perjury.
10 (b) Contents of Application Form and Renewal Application Form. Applications for Mobile Commercial Washing Permits and for the renewal for such Permits shall contain the following information:
(1) Name, address, telephone, and other contact information for the Applicant. (2) Driver's License Information.
(3) Business license or charitable organization information. (4) Number of employees, if any.
(5) Physical location for retention of required business records and mailing of notifications.
(6) Make, model, and description, including license numbers, of any vehicles or trailers that will be used to conduct Mobile Commercial Washing activities with the Permit, including proof of registration and insurance.
(7) Type of Permit sought.
(8) For Commercial Permits where any Mobile Commercial Washing activities will be performed by employees, proof of satisfaction of the registration requirements of Labor Code section 2050 et seq.
(9) For Charity Event Permits only:
a. Date of event.
b. Hours of event.
c. Location of event.
d. The number of individuals that will be engaging in Mobile Commercial Washing.
e. A letter of authority from the property owner of the location of the event. (10) For Mobile Commercial Washing excluding Waterless Mobile Commercial Washing:
a. Proof of Required Equipment.
b. Proof of general liability insurance.
c. Water source information.
11 d. An application for a Holding Tank Waste Disposal Permit, an approved permit from an approved disposal facility, or, for Charity Event Permits, if applicable, a will -serve letter from a Holding Tank Waste Disposal Permittee acknowledging its intent to provide proper disposal of all Dirty Water generated during Mobile Commercial Washing at a disposal facility on behalf of the Charity Event Permittee for the date of the Charity Event Permit. (11) A complete description of the Mobile Commercial Washing to be conducted in the City.
(12) Any other information that the Director reasonably requires to administer this Chapter with respect to the Applicant's activities in the City.
Section 4-21.05. Issuance of permits.
(a) Initial Approval or Denial. Once a completed application is filed, and the Applicant pays the prescribed application fee, the Supervisor shall review the application and either deny or conditionally approve the application.
(1) Denial.
a. If the application is denied, the Supervisor shall give notice of that decision to the Applicant and shall include a statement of the reasons for the denial. The grounds for denial shall be:
i. The Permit application contains a false or misleading statement of a material fact.
ii. The Permit application fails to demonstrate how the Applicant will comply with this Chapter.
iii. The application seeks approval for Mobile Commercial Washing in violation of applicable law or this Chapter.
b. Notice of the Supervisor's decision shall be mailed by certified or registered mail or personally delivered to the Applicant at the address shown on the application.
(2) Approval Conditioned on Successful Completion of a Demonstration. a. If the application is initially approved by the Supervisor, the Applicant shall schedule a Demonstration wherein the Applicant must demonstrate its knowledge of the requirements of this Chapter and its ability to comply with this Chapter through the washing of a vehicle, to be provided by Applicant. b. The Applicant shall pay the Demonstration Fee, which shall be set by Resolution, at least five (5) business days prior to partaking in the Demonstration. Demonstrations can be rescheduled up to one (1) time with 12 at least two (2) business days' notice before a new Demonstration Fee is required. Demonstrations canceled or rescheduled by Applicant within two (2) business days of the scheduled Demonstration, or where the Applicant fails to appear shall not be entitled to a refund of the Demonstration Fee. c. If the Applicant passes the Demonstration, a final permit will be issued.
If the Applicant fails the Demonstration, the Applicant will be provided written notice via certified or registered mail of its deficiencies within ten (10) business days by the Examiner.
d. The determination of the Examiner regarding the passage of the Demonstration is not appealable.
e. If an Applicant fails to successfully complete a Demonstration, the Applicant may schedule additional attempts until the Applicant is able to pass the Demonstration, provided that each Demonstration shall require a new Demonstration Fee prior to partaking in additional Demonstrations. f. Applications for Waterless Mobile Commercial Washing only (Waterless Permits) are exempt from the Demonstration requirement. (3) For Commercial Permits where any Mobile Commercial Washing activities will be performed by employees, proof of satisfaction of the registration requirements of Labor Code section 2050 et seq. must be submitted prior to permit issuance. (4) Holding Tank Waste Disposal Permit. Prior to issuance of a Permit, the Applicant shall secure a Holding Tank Waste Disposal Permit from the Department of Utilities or other disposal facility or, for Charity Event Permits, if applicable, an executed agreement with a Holding Tank Waste Disposal Permittee for purposes of ensuring proper disposal of all Dirty Water generated during Mobile Commercial Washing at a disposal facility.
(b) Changes in Information. During the application process, an Applicant shall notify the Supervisor of any change in facts or information presented in the application within five(5) calendar days after such change.
(c) Issuance of Permit. A Mobile Commercial Washing Permit shall be effective on the date it is issued.
Section 4-21.06. Appeal procedure.
(a) Within ten (10) calendar days of the Supervisor's decision, the Applicant may appeal an adverse decision to the Director. The appeal shall be in writing, shall set forth the ground(s) for the appeal, and shall be accompanied by an appeal fee in an amount established from time to time by Resolution of the City Council. (b) A hearing shall be held, and action is taken not less than fourteen (14) days nor more than forty-five (45) calendar days after the timely filing of a complete appeal unless the 13 Applicant requests an extension. One extension shall be granted as a matter of right, but the Director shall have the discretion to grant or deny further extensions. (c) The City shall give the Applicant at least ten (10) calendar days' notice of the hearing by mail at the address shown on the application.
(d) At the time set for the hearing, the Director shall hear the Applicant, who may present any facts to show why the Permit should be granted. The Director shall consider all relevant documents filed, and all relevant testimony given at the hearing. (e) The Director shall adopt and issue a written decision approving or denying an application within thirty (30) calendar days after the conclusion of the hearing. Any decision to deny a Permit application shall be based on the grounds set forth in Section 4-21.05. (f) Notice of the Director's decision shall be final as to the City.
Section 4-21.07. Non -transferability of permits.
Permits issued under this Chapter are nontransferable. Any attempt to do so shall invalidate the Permit, constitute a violation of this Chapter, and result in both the Permittee and the transferee losing eligibility to receive a Permit for a period of twelve (12) months from the date of citation.
Section 4-21.08. Reserved.
Section 4-21.09. Permit length and renewal.
(a) A Commercial Permit shall be valid for one (1) year from the date of its issuance, unless suspended or revoked. Charity Event Permits are valid only for the time, date, and location stated in the Charity Event Permit.
(b) A Permit must be renewed annually by the Permittee to prevent Permit expiration. (c) The deadline to submit renewal applications is forty-five (45) calendar days prior to Permit expiration. Applications submitted within forty-five (45) calendar days of expiration will be treated as applications for a new permit.
(d) The Supervisor shall review a Permit renewal application in the manner prescribed in Section 4-21.05. If the Supervisor denies an application for renewal or revokes or suspends a Permit, the Permittee may appeal the Supervisor's decision to the Director pursuant to Section 4-21.06 of this Chapter.
(e) Renewal applications are not subject to the Demonstration requirements. Provided, however, that the Supervisor may require Demonstrations be completed with any renewal application where there are changes to the equipment being utilized, to this Chapter, or where the Permittee or an employee of Permitee was cited for a violation of this Chapter at any time in the previous two (2) years.
14 Section 4-21.10. Minimum required equipment.
(a) Waterless Permits:
There are no minimum equipment requirements for Waterless Permits. (b) All other Permits must maintain the below minimum required equipment:
(1) Portable catch basin (or overlapping basins). The Portable catch basin must catch 95 percent of water, with 5 percent allowed for overspray. (2) Sufficiently sized Dirty Water storage container.
(3) An active recovery system/vacuum system/pump system capable of operating continually during the vehicle wash process. The recovery system must be capable of collecting water from the portable catch basin and transferring it into the Dirty Water storage container without spillage.
(4) Equipment able to safely transfer a full Dirty Water storage container. (5) All hoses must have auto shut-off nozzles.
Section 4-21.11. Permit conditions.
(a) A Mobile Commercial Washing Permittee shall:
(1) Maintain Minimum Required Equipment.
(2) Always comply with the requirements of this Chapter. (3) Provide updates to the Director within five (5) business days of any changes in information that would affect the Permittee's Permit status or Mobile Commercial Washing.
(b) A Mobile Commercial Washing Permittee shall not:
(1) Operate at a fixed location, advertise that services are available at a specific location, or otherwise invite customers to come to a specific location to receive services provided by the business. Mobile Commercial Washing Permittees must go to the customer rather than have the customer come to them. A Permittee shall not set up shop at any particular location and accept customers at that location. The Mobile Commercial Washing must truly be mobile.
(2) Wash engines, undercarriages, or heavily soiled vehicles. (3) Erect or place advertising of the business at any location the business may operate, except to the extent required to prominently display their Permit in accordance with this Chapter.
15 (4) Operate utilizing any vehicles, trailers or other minimum required equipment not listed in the Permit.
Section 4-21.12. Discharges.
(a) During the wash, all water must be collected in the required portable catch basin. It must then be collected from the portable catch basin and stored in a Dirty Water storage container without spillage.
(b) During the entire term of the Permit, Permittees, except those engaging solely in Waterless Mobile Commercial Washing, must maintain a Holding Tank Waste Disposal Permit and dispose of Dirty Water generated through Mobile Commercial Washing Activities pursuant to that Holding Tank Waste Disposal Permit. Charity Event Permit holders not solely engaged in Waterless Mobile Commercial Washing may, in lieu of securing a Holding Tank Waste Disposal Permit, enter into an agreement with a Holding Tank Waste Disposal Permittee that ensures proper disposal of all Dirty Water generated during Mobile Commercial Washing at a disposal facility. (c) Permittees must comply with Title 8, Chapters 8-12 and 8-12a of the Santa Maria Municipal Code at all times.
Section 4-21.13. Permit display.
Permittee, and any employees operating under the Permit, shall display the Permit in a prominent location during any Mobile Commercial Washing activity and shall present the Permit to any City agent upon demand.
Section 4-21.14. Recordkeeping.
(a) Permittees must keep records of the following:
a. Numbers of vehicles washed per day.
b. Locations of where vehicles are washed by Permittee. c. Total volume (gallons) of Dirty Water discharges per day. d. Receipts, invoices, and/or other forms of documentation of proper disposal of Dirty Water discharges at a disposal facility by Permittee or other authorized Holding Tank Waste Disposal Permittee.
(b) Permittees must submit records to the Department annually, within 30 calendar days after the expiration date of their Permit, whether or not said Permit is renewed. (c) The Director may designate required forms of recordkeeping and required methods of submission of records.
16 Section 4-21.15. Authorized locations/unauthorized locations. (a) Mobile Commercial Washing is banned from all City streets, City easements, and City -owned properties.
(b) Mobile Commercial Washing may take place on private property with the permission of the owner or tenant. It is unlawful for a Permittee to provide services at any location without first having obtained the express written authorization of the owner or authorized tenant of the property. Written authorization is not required when the owner or tenant or the property is present while the vehicle is being washed. (c) In the case of a residential building with more than four (4) units (such as an apartment complex) or a commercial complex, the authorization must be provided by the property owner (or property management firm, in the case of property managed by such a firm).
Section 4-21.16. Reserved.
Section 4-21.17. Revocation of permit.
(a) Any Permittee that is cited for three (3) violations of this Chapter within the period of one (1) year, on a rolling basis, shall have their Permit revoked upon written notice from the Supervisor.
(b) A Permittee that has their permit revoked (or any employee of a Permittee cited for three (3) violations of this Chapter within the period of one (1) year, on a rolling basis) is ineligible to receive a new Permit from the City for a period of one (1) calendar year from the date of revocation.
(c) A revocation may be appealed to the Director in accordance with Section 4-21.06.
Section 4-21.18. Reserved.
Section 4-21.19. Insurance.
Permittees, excepting Permittees with Permits solely for Waterless Mobile Commercial Washing, are required to maintain general liability insurance in the amount of $1,000,000.
Section 4-21.20. Indemnification.
Permittee, as a condition of the Permit, shall and does hereby agree to indemnify, defend with counsel approved by City and hold harmless the City, its officers, employees, and agents from and against any and all loss, liability, penalty, fine, forfeiture, claim, demand, action, proceeding or suit, of any and every kind and description, whether judicial, quasi- judicial, legislative or administrative in nature including, but not limited to, injury to and death of any person and damage to property or for contribution or indemnity claimed by third parties arising out of or occasioned in any way by, directly or indirectly by the negligence or willful misconduct of Permittee, its officers, agents and employees in 17 performing services in the City of Santa Maria; and/or by the failure of Permittee, its officers, agents and employees to comply with the provisions of applicable laws, including the Santa Maria Municipal Code, and/or applicable Permits and licenses.
Section 4-21.21. Inspection.
The Director is authorized to enforce all provisions of this Chapter. The City's inspection authority pursuant to this Section shall include the authority to enter, sample, inspect, review and copy records required to be maintained under this Chapter. Authorized City staff may inspect Mobile Commercial Washing activities that take place in any public area and, upon an appropriate warrant, if required, may inspect such activities on private property.
Section 4-21.22. Prohibition on hiring unpermitted mobile commercial washing services.
No person shall hire, engage, or use any Mobile Commercial Washing service which does not have a valid Mobile Commercial Washing Permit from the City.
Section 4-21.23. Misdemeanor.
Any person violating any of the provisions of this Chapter is guilty of a misdemeanor, and upon conviction thereof shall be punishable as provided in Title 1, Chapter 1-6 of this Code. Indiscretion of prosecuting agency, violations may be treated as infractions and prosecuted under any applicable provision in Title 1 of this Code Section 4-21.24. Public nuisance.
It shall be unlawful and a public nuisance for Mobile Commercial Washing activities to be operated, conducted, or maintained contrary to the provisions of this Chapter. The City may exercise its discretion, in addition to or in lieu of prosecuting a criminal action, to commence proceedings for the abatement, removal, and enjoinment of that business in any manner provided by law.
SECTION 12. Section 8-19.03 of Chapter 8-19 of the Santa Maria Municipal Code is hereby amended as follows:
Section 8-19.03. Limited uses of City parking structures; all other uses prohibited. (a) City parking structures may be used by members of the public for only the following purposes:
(1) Parking and retrieving motorized vehicles as the driver or as a passenger.
This shall include waiting for a tow truck or other means of removing the vehicle from the parking structure in the event of a break -down, including changing a flat tire or a jump start.
(2) Parking and retrieving bicycles as the bicyclist, provided the parking structure has bicycle parking available.
18 (3) Retrieving or placing personal property within a vehicle or bicycle parked within the parking structure and, thereafter, promptly exiting from the parking structure.
(4) Walking uninterrupted from one sidewalk to another or walking uninterrupted to buildings bordering the parking structure.
(5) Using restroom facilities located within a parking structure, if any, and thereafter promptly exiting from the parking structure. (6) Making deliveries to, and/or patronizing, a commercial business operating within the parking structure pursuant to a City lease or license agreement with the express or implied consent of the owner or operator of the business. (7) Performing City business or maintenance of the parking structure pursuant to official duties as a City employee.
(8) Engaging in a use authorized by a permit issued in a manner provided for by this Code.
(9) Engaging in a use expressly authorized by the City Council, the City Manager, or the Police Chief.
(b) All vehicles must park in a "head in" configuration, with the rear bumper and license plate exposed to the traffic lane.
(c) Parking is not permitted between 1:00 a.m. and 6:00 a.m. without a City issued special parking permit.
(d) Vehicle parking is limited to marked or painted spaces in City parking structures designated for appropriately sized vehicles as follows:
(1) "Compact" parking spaces must be a minimum of 68.5 inches in width by 168 inches in depth.
(2) "Full size" parking spaces must be a minimum of 79 inches in width by 240 inches in depth.
(e) Vehicles may occupy only one (1) designated parking space. Vehicles may not infringe upon adjacent parking spaces.
(f) Use of any City parking structure except as expressly permitted by Section 8-
19.03(a) of this Chapter is prohibited.
(g) Remaining within a City parking structure for more than the reasonable amount of time necessary to accomplish one of the expressly authorized and intended uses of such parking structure is prohibited.
(h) It is unlawful to enter or remain in any closed portion of a structure for any purpose without the express consent of the City of Santa Maria. For purposes of this subsection, "closed" shall mean an area behind any gates, fences or other permanent or temporary boundary lines marked with signage reasonably indicating such closure or restriction.
SECTION 13. Section 1-7.02 of Chapter 1-7 of the Santa Maria Municipal Code is hereby amended as follows:
19 Section 1-7.02. Citation for violation.
If a person is arrested for a violation of this Code or an ordinance of the City and is not immediately taken before a magistrate as set forth in the State Penal Code, the arresting officer or the officer's supervisor shall prepare in duplicate a written notice to appear in court. The officer is also authorized to issue a notice to appear to a corporation.
This written notice to appear shall contain the name and address of the person arrested, the offense charged, the time and place, and where and when the person shall appear in court.
The following public officers or employees are authorized to arrest and to issue a notice to appear for the following portions of the Santa Maria Municipal Code, for which they respectively have a duty to enforce:
Officer or Employee
1. Sworn Police Officer
Provisional Officer
Arson Investigator
Principal Park Services Officer
Senior Park Services Officer
Park Services Officer III
Park Services Officer II
Park Services Officer
Park Services Aide
2. Police Services Technician
3. Fire Chief
Deputy Fire Chief
Battalion Chief
Fire Marshal
Fire Prevention Officer I/11/III
4. Code Enforcement Supervisor
Code Enforcement Officer I/11
Code Enforcement Technician
5. Risk Manager
6. Security Aide
7. Alcohol Beverage Control Agent
Portion of Code
The entire Municipal Code
Title 7
Chapter 9-28
Chapter 6-14
The entire Municipal Code, excluding all
of Title 7 other than Chapter 7-2 and the
Catering Vehicle Ordinance.
(Section 7-5.04)
Title 4
Chapter 5-4
Chapter 5-3; Chapters 7-5, 7-6, and 7-9
Chapter 8-17; Title 10
Chapter 6-5
20 SECTION 14. New Section 12-28.06 of Chapter 12-28 is hereby added to the Santa Maria Municipal Code as follows:
Section 12-28.06 Underground Utilities.
(1) All electrical, telephone, television and communication utility distribution and services wires shall be placed underground in accordance with the following criteria, unless waived by the Building Official upon making a finding that special or unique topographical, soil or other similar conditions make underground installation of such facilities unreasonable or impractical:
(A) In all new building construction;
(B) When additions, alterations or repairs are made to any existing building to such an extent that the value of such work, as determined by the Building Official, exceeds fifty percent (50%) of the valuation of the building;
Where only the electrical wiring system serving any building or site is replaced, altered or repaired for any reason to the extent that new or modified electrical service equipment is required, the electrical utility service which serves the affected building, buildings or system shall only be required to be placed underground on the site.
(2) Service from facilities installed through this Section shall be in accordance with the rules and regulations of the supplying utilities on file with the Public Utilities Commission of the State. The service equipment shall be installed on or immediately adjacent to a building on the site. Service equipment shall not be installed on poles, pedestals or similar structures.
(C)
(3) The following are excepted from undergrounding requirements:
(A) Equipment pertinent to underground facilities, such as service -mounted terminal boxes and meter cabinets and concealed ducts need not to be placed underground.
(B) Temporary electrical utility services serving course -of -construction power poles on an approved building site or serving approved temporary outdoor uses for a designated period of time need not be placed underground.
(C) Single family residences or duplex residences proposed to be constructed on existing lots within a subdivision with existing utility lines that are installed above ground.
SECTION 15. Section 2-14.06 of Chapter 2-14 of the Santa Maria Municipal Code is hereby amended to read as follows:
Section 2-14.06. Recommendations to Council: Powers generally.
The Recreation and Parks Commission may make such recommendations to the City Council as it deems necessary concerning the organization, promotion, conduct and 21 management of programs of community recreation in the City and the establishment of systems of playgrounds and recreation, and the acquisition, improvement, maintenance, operation and management of recreation facilities within or without the territorial limits of the City, as well as parkland dedications and subdivision in -lieu fees, residential development taxes, and urban forestry. The Recreation and Parks Commission shall have the power and authority to hold public hearings and meetings and to conduct investigations and surveys for the purpose of securing facts and data concerning the matters enumerated in this section. The Recreation and Parks Commission shall have only such powers as are expressly granted by this chapter or as are granted by motion of the City Council.
The Recreation and Parks Commission shall also perform the duties provided in Chapter 8-3 (Historical Landmarks).
SECTION 16. Chapter 8-3 of the Santa Maria Municipal Code is hereby amended to read as follows:
"CHAPTER 8-3 HISTORICAL LANDMARKS
Section 8-3.01. Purpose: Authority.
The purpose of this chapter, which is adopted pursuant to Section 37361 of the Government Code of the State, is to promote the general and economic welfare of the City by preserving and protecting those places, sites, buildings, structures, works of art and other objects having a special historical, cultural or aesthetic character or interest for the use, education and view of the general public, and to remind all citizens of this City and visitors from elsewhere of the historical backgrounds of the City.
Section 8-3.02. Designation application: Designation and confirmation.
The Recreation and Parks Commission is authorized and directed to receive and act upon applications from any interested persons to investigate and designate places, sites, buildings, structures, works of art and other objects within the incorporated limits of the City as having historic, cultural, aesthetic or other special character or interest, and being worthy of consideration for protection, enhancement or perpetuation as such. Such designation, together with any agreement entered into in connection therewith, shall remain and be in effect for a period of ninety (90) days only and thereafter shall be of no force and effect unless prior to the expiration of that period of ninety (90) days the City Council has set a date for a public hearing, advertised the hearing once in a newspaper of general circulation in the City at least ten (10) days prior to the date set for the public hearing, and has confirmed the action of the Recreation and Parks Commission within the ninety (90) day period as to the designation and agreement entered into in connection with the designation. In cases where private property is the subject of the hearing notice shall be served by mail upon the owner and lienholders of record of the property at least ten (10) days prior to the date set for the public hearing. 22 Section 8-3.03. Places of historical merit.
The Recreation and Parks Commission is further authorized and directed to locate and identify other places, sites, buildings, structures, and works of art as having historical merit which may satisfy the requirements for designation as an historical landmark or which may by the application of other standards, or by reason of a unique feature, have, in the opinion of the Recreation and Parks Commission, special historical, aesthetic or cultural value.
Places, sites, buildings, structures, and works of art may be designated as having historical merit by the Recreation and Parks Commission under the provisions of this section, even though the premises may not qualify for designation as an historical landmark.
The historic merit designation under the provisions of this section shall not, by reason of such designation, require the conditions or restrictions on use, improvement or renovation of the premises which are provided for in this chapter. The Recreation and Parks Commission may, however, require maintenance of the premises as a condition for continued recognition of the historic merit of the premises.
The Recreation and Parks Commission may make a designation of historic merit, pursuant to this section, by resolution of the Parks and Recreation Commission adopted in a regular or special meeting called for that purpose. Prior to the Recreation and Parks Commission's action, however, the Recreation and Parks Commission must obtain the permission of the owner or owners of the premises as appearing on the latest available county assessor's records. The owner or owners shall be notified at least ten (10) days prior to the Recreation and Parks Commission action. Following the adoption of such resolution, the Recreation and Parks Commission shall mail a copy of the resolution to the owner or owners of the premises. The Recreation and Parks Commission shall maintain a record of all premises that have been given recognition under the provisions of this section and shall forward to the City Clerk copies of all resolutions making such designation.
Section 8-3.04. Planning commission report and recommendations. (a) Upon receipt of any application for designation of any place, site, building, structure, work of art or other object within the incorporated limits of the City as an historical landmark by the Recreation and Parks Commission, the Recreation and Parks Commission shall refer the application to the Planning Commission of the City with a request for a report and recommendations with regard to such designation, which report and recommendations may include any and all observations, information and recommendations as to an agreement in connection therewith which appear desirable to the Planning Commission upon consideration of the application. The report may include but shall not be limited to such matters as compatibility with the General Plan, general public interest, zoning, traffic or other problems which may appear to be affected by or created by the proposed designation.
(b) No action shall be taken by the Recreation and Parks Commission within less than five (5) days following the receipt of the report from the Planning Commission. Following 23 any action recommending the designation of any place, site, building, structure, work of art or other object as an historical landmark, the report and recommendation of the Recreation and Parks Commission shall be forwarded to the City Council, which shall thereafter set the public hearing thereon as provided in this chapter. The report of the Planning Commission shall be forwarded to the City Council, together with any report or recommendation by the Recreation and Parks Commission.
Section 8-3.05. Standards for designation and for removal of designation.
In designating or removing from designation any place, site, building, structure, work of art or other object as being of historical, cultural, aesthetic or other special character or interest, and worthy of protection under this chapter, the Recreation and Parks Commission and the City Council shall be subject to the following express standards:
(a) The landmark designated shall have historical, cultural, aesthetic or special character or interest for the general public and not be limited only in interest to a special group of persons, and be at least fifty (50) years of age.
(b) The designation of such as a landmark under this chapter shall not be detrimental to the general welfare of the community.
(c) The designation of such landmark shall not require the expenditure of an unreasonable amount of money to carry out the purposes of this chapter. In applying this provision it is the intent of this chapter that whenever a landmark proposed to be so designated is private property, expenditures for its upkeep, preservation, maintenance and protection shall be made by the owner thereof in all but the most exceptional cases. If upon careful review by the Recreation and Parks Commission it is proposed that public funds be expended for the preservation, restoration, maintenance or protection thereof, or any other purpose in connection with the designation, the recommendation made by the Recreation and Parks Commission to the City Council shall set forth that fact, and shall set forth in full the reasons therefor, and shall include a statement setting forth as accurately as possible the estimated cost in public funds which would be so involved. The City Council in acting upon the proposed designation shall also determine whether the expenditure of public funds in connection therewith is justified. In the event that such designation would be ineffective for the preservation, restoration or protection of the proposed landmark, without such expenditure, and the City Council determines that the expenditure is not justified, the place, site, building, structure, work of art or other object which is the subject of the proposal shall not be designated an historical landmark. (d) The designation of such landmark shall not infringe upon the right of a private owner thereof, if there is such, to make any and all reasonable uses of such landmark which are not in conflict with the purposes of this chapter.
Section 8-3.06. Agreement respecting landmark status.
(a) Upon receipt of the Planning Commission report, if it appears that place, site, building, structure, work of art or other object within the incorporated limits of the City should be designated as a historical landmark, the Recreation and Parks Commission shall work with 24 the property owner and lienholders to draft and enter into an acceptable agreement respecting designation. The Recreation and Parks Commission shall use the guidelines in section 8-3.08 as appropriate in the agreement. Any such agreement shall be effective for ninety (90) days or until the City Council acts on the Recreation and Parks Commission's recommendation, whichever occurs sooner. If no agreement is reached, or the City Council does not affirm the agreement, the landmark designation application shall be terminated.
(b) The City Council may set a public hearing to be advertised once in a newspaper of general circulation in the City at least ten (10) days prior to the date of such hearing. In all cases where private property is the subject of the hearing, notice of the hearing shall be served by mail upon the property owner and lienholders of record of the property at least ten (10) days prior to the date set for the hearing. The City Council may consider the recommendation of the Recreation and Parks Commission without setting a public hearing and advertising the same in a newspaper of general circulation, if in its discretion the City Council considers the recommended agreement will not create impacts so as to justify that procedure. In any case, however, the City Council, before acting on the recommended agreement, shall give notice to the owner and lienholders of record of the subject property as provided in this section. After such hearing the City Council may affirm the existing agreement, enter into a modified agreement or decline to approve an agreement respecting designation. The action of the City Council shall be final and shall take effect immediately.
Section 8-3.07. Guidelines.
In developing an agreement respecting a historical landmark, the Recreation and Parks Commission and City Council shall use the following guidelines, as appropriate:
(a) The agreement may require the owner or lienholder to provide written notice to the Recreation and Parks Commission in advance of structural alteration, demolition, removal or destruction, either in whole or in part, of the landmark. Upon receipt of this notice, the Recreation and Parks Commission may schedule a meeting with the owner and lienholder and use the procedures in this chapter to determine whether or not landmark status shall be continued;
(b) Any agreement may provide that no permits shall be issued by any City department for any alterations, repairs, additions or changes, other than normal maintenance and repair work, unless and until all plans therefor have first been reviewed by the Recreation and Parks Commission and approved, or approved as modified, and such reasonable conditions may be imposed as deemed necessary. All such work shall be done under the direction and control of the Recreation and Parks Commission or other qualified persons designated by it for such purpose; provided, that conditions imposed as a condition of approval of alterations, repairs, additions or changes shall be final when imposed by the Recreation and Parks Commission, and unless they affect conditions imposed by the Council need not be reported to or reviewed by the City Council as provided in Section 8-
3.06;
25 (c) The agreement may provide that only certain specified uses may be made or that certain specified uses shall be prohibited;
(d) The agreement may provide that no buildings or structures exposed to public view within a specified distance may be placed, erected, moved, altered, enlarged or removed, other than normal maintenance and repair work, without approval and in accordance with reasonable conditions imposed where deemed necessary by the Recreation and Parks Commission;
(e) The agreement may provide that if the landmark to be designated is a building, that the building shall be open to the public at such reasonable times and intervals as shall be determined by the Recreation and Parks Commission;
(f) The agreement may contain any other reasonable requirements, restrictions or conditions deemed necessary by the Recreation and Parks Commission, the owner and the lienholder to meet special or unique circumstances affecting the subject place, site, building, structure, work of art or other object.
(g) The agreement may provide for disclosure of landmark status upon sale of the property by requiring a copy of the agreement to be provided to the buyer and lienholder.
Section 8-3.08. Funding petitions.
The Recreation and Parks Commission, or other interested persons, may petition the City Council for funds necessary to carry out the purposes of this chapter. The City Council may expend all reasonable sums needed to carry out the purposes of this chapter or to acquire fee title or such lesser ownership rights, or easements, as it deems necessary or expedient to carry out the purposes of this chapter.
Section 8-3.9. Appeals.
(a) Any person may appeal in writing to the City Council any action authorized by SMCC 8-3 of the Recreation and Parks Commission by filing notice of such appeal with the City Clerk within fifteen (15) days from the date of such action, and the City Council shall set a public hearing, notice of which shall be duly advertised once in a newspaper of general circulation in the City, at least ten (10) days before the date of such hearing to consider such appeal. In all cases where private property is the subject of the action which is appealed from, notice of the hearing shall be served by mail upon the owner and lienholders of record of the property at least ten (10) days prior to the date set for the public hearing. At the hearing the City Council may confirm, modify or set aside any or all such actions of the Recreation and Parks Commission.
Section 8-3.10. Remedies.
When the Recreation and Parks Commission receives information that a designated landmark has been or will be wholly or partially demolished, structurally altered, removed, destroyed, or otherwise no longer meets or will meet the standards set out in Section 8-3- 06, the Recreation and Parks Commission may initiate an application for removal of the 26 designation, using the procedures in the chapter. The Recreation and Parks Commission may also make any appropriate recommendations respecting continuance or discontinuance of the landmark designation to the Planning Commission.
SECTION 17. Section 12-48.03 of Chapter 12-48 of the Santa Maria Municipal Code is hereby amended to read as follows:
Section 12-48.03. Density Bonuses.
Any housing development of five (5) or more units as defined by 50073.5 the Health and Safety Code, any senior citizen housing development as defined in Section 51.3 of the Civil Code, any mobilehome park that limits residency to older persons pursuant to Civil Code §798.76 or 799.5, and any common interest development project as defined below, shall be entitled to a density bonus above the maximum number of dwelling units otherwise allowed by this title, in the amount calculated as specified by Government Code Section 65915(g), if the proposed development project meets the following minimum criteria:
(a) Ten percent (10%) of the total units in the project, before the density bonus is applied, is reserved for lower income households as defined in Section 50079.5 of the Health and Safety Code; or
(b) Five percent (5%) of the total units in the project, before the density bonus is applied, is reserved for very low income households, as defined in Section 50105 of the Health and Safety Code; or
(c) Fifty percent (50%) of the total units in the project, before the density bonus is applied, is reserved for qualifying residents as specified in Section 51.3 of the State Civil Code or (d) Ten percent (10%) of the total dwelling units in a Civil Code §1351 common interest development project, before the density bonus is applied, are reserved for persons and families of moderate income, provided that all of the units are offered to the public for purchase.
SECTION 18. Section 2-20.05 of Chapter 2-20 of the Santa Maria Municipal Code is hereby amended to read as follows:
SECTION 2-20.05. COMPENSATION PLAN GENERALLY.
(a) The schematic schedule of salary ranges referred to as Schematic Bi-weekly Rates constitutes the compensation plan applicable to classes of positions included under the schematic list of classes.
(b) All salaries prescribed are bi-weekly rates. In those positions where it is more appropriate to pay upon an hourly or daily basis, the hourly and daily rates shall be determined by the following formula:
27 A forty (40) hour week is equivalent to one hundred seventy-three and thirty-three one - hundredths (173.33) hours per month; daily rates are equivalent to the appropriate hourly rate multiplied by eight (8) hours.
(c) The compensation of employees shall be as set forth in the schematic list of class titles and salary ranges as shown in Schematic Bi-weekly Rates, or on the flat -rate or hourly rate basis set forth for the classes listed under the table of typical hourly equivalents.
SECTION 19. This Ordinance has been reviewed for compliance with the California Environmental Quality Act (CEQA), and the CEQA guidelines, and the City's environmental procedures, and has been found to be exempt pursuant to Section 15601(b)(3) (general rule) of the CEQA Guidelines, because the City Council hereby finds with certainty that there is no possibility the passage of this Ordinance amending the zoning code will have a significant effect on the environment.
SECTION 20. If any part or provision of this chapter, or the application thereof to any person or circumstance, is held invalid, the remainder of the chapter, including the application of that part or provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end, the provisions of this ordinance are severable.
SECTION 21. This Ordinance shall be in full force and effect thirty (30) days after its passage. Within fifteen days following its passage, the City Clerk shall cause this Ordinance to be published in a newspaper of general circulation in accordance with State Law; or when deemed necessary due to the length or complexity of the Ordinance, cause a summary of the Ordinance to be prepared and published at least five days prior to the City Council meeting at which the proposed Ordinance is to be adopted. If a summary is published at least five days prior to the City Council meeting at which the proposed Ordinance is to be adopted, then within 15 days after adoption of the Ordinance the City Clerk shall publish a summary of the Ordinance with the names of those City Council Members voting for and against the Ordinance and shall post a certified copy of the full text of such adopted Ordinance along with the names of those City Council Members voting for and against the Ordinance.
SECTION 22. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary. 28 INTRODUCED at a regular meeting of the City Council held on the 17th day of May 2022, and PASSED AND ADPOTED at a regular meeting of the City Council of the City of Santa Maria, California, held the 7th day of June 2022, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
ATTEST:
Rhonda M. White, CMC
Chief Deputy City Clerk
Alice M. Patino
Mayor
29 APPROVED FORM:
Attorney
PPROVED A
TO CONTENT:
epartment Director
City Manager