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HomeMy WebLinkAboutAGENDA REPORT 1992 1216 CC REG ITEM 11DITEM ��•�• MOORPARK 799 Moorpark Avenue Moorpark, California 93021 A G E N D A RE P O R T TO: The Honorable City Council (805) .529 -6864 . . —z 19402 AN: L By FROM: Jaime R. Aguilera, Director of Community Development �✓ Prepared by Deborah S. Traffenstedt, Senior Planner SST DATE: December 10, 1992 (CC Meeting of 12- 16 -92) SUBJECT: CONSIDER REVISIONS TO MUNICIPAL CODE AND OTHER EDUCATION AND ENFORCEMENT OPTIONS RELATED TO ABATEMENT OF RESIDENTIAL OVERCROWDING BACKGROUND The City Council has identified the enforcement of overcrowding violations as a top priority. Staff has already proceeded with and completed a noise ordinance and a resolution requesting real estate agents /brokers to refrain from marketing single - family dwellings for multi - family use. Other enforcement tools that the Council directed staff to study include stricter regulation of on- and off - street parking and the use of existing Building and Health and Safety Codes to enforce occupancy limits. This staff report includes the review of several options pertaining to regulation of parking and occupancy and includes suggestions regarding other education and enforcement options. DISCUSSION Regulation of Parkincr: Strict regulation of parking is viewed as one means of protecting the integrity of single - family neighborhoods. When overcrowded living situations exist, a frequent, associated problem is inadequate on- street and off - street parking. In these situations, motor vehicles may be parked in all nearby on- street areas as well as off - street in the front, side, and /or rear yard setback areas of single - family homes. In addition to the aesthetic impact of viewing motor vehicles and trailers parked in required setback areas, staff has recently noted increased use of trailers and motor vehicles as living area in the downtown area of the City. The other by- product of vehicles parking on non - designated areas is a deterioration of the residential landscaping, resulting in a serious negative impact upon the aesthetic appearance of the property. When the appearance of a neighborhood deteriorates, the economic viability suffers as well. Since a goal of the City's power to regulate land use is the preservation of property values, it is indeed within the Council's purview to address the issue. PAUL W. LAWRASON JR. JOHN E. WOZNIAK SCOTT MONTGOMERY BERNARDO M. PEREZ ROY E. TALLEY JR. Mayor Mayor Pro Tem Councilmember Councilmember Councilmember The Honorable City Council December 10, 1992 Page 2 Staff is recommending several Municipal Code and Zoning Ordinance amendments to allow stricter enforcement of on- and off - street parking of non - motorized and motorized vehicles. Off- street parking regulations are contained in the City's Zoning Ordinance. At the Council's December 2, 1992, meeting you reviewed numerous proposed Zoning Ordinance revisions. Included were proposed revisions to setback regulations, including the following new language to be added in Section 8106 -5 (as identified by shading): Motor vehicles shall not be parked within any front or street - side setback, except that fully operative, licensed and registered vehicles may be parked in the driveway access to the required parking or on a paved area adjacent to the -- driveway, as an accessory use to a dwelling, and except as provided elsewhere in this Chapter. air'adlbioalav :arm While the above provisions will at least allow the City more control in protecting setback areas, particularly front yard areas, it does not specifically set forth use restrictions including food preparation and sleeping quarter restrictions for recreational vehicles. Staff has attached a sample ordinance (Attachment 1) which is an example of the type of regulations which would clearly set forth regulations for the parking and storage of recreational vehicles. Staff is also suggesting that the Council consider stricter on- street parking restrictions. Recommended revisions to Title 10, Chapter 10.04, of the Municipal Code follow. (Proposed new language is shown by shading; strikeout identifies language proposed to be deleted. Some of the section numbers in Chapter 10.04 would need to be revised to insert proposed new language.) If the City Council concurs with the following proposed code revisions, staff would prepare a draft ordinance and forward it to the City Attorney for review. The Honorable December 10, Page 3 City Council 1992 10.04.010 Definitions. "Park means t-e, -t.h o standl** x > f a vehicle er alle oaaIng or unioading of passengers or Mma ..� The Honorable City Council December 10, 1992 Page 4 Other options for regulating on- street parking that are allowed by the California Vehicle Code and City Municipal Code include: 1. Regulating on- street parking through the issuance of parking permits to residents only - Section 21351 of the California Vehicle Code authorizes the City to restrict parking between certain designated hours, upon certain portions of certain streets, for all vehicles except those vehicles displaying a permit exempting said vehicles from the provisions of such parking restrictions. Section 10.04.200 of the City Municipal Code addresses prohibited parking or stopping areas and includes a statement: "Such prohibited or restricted parking may apply to such vehicles, in such locations, during certain hours or days as determined by the city engineer; provided, however, such restrictions shall be designated by curb - painted markings or signs." Parking permits are currently required for two residential areas in the City -- adjacent to Moorpark College and across from Peach Hill park. "Parking in Excess of One Hour By ._, The Honorable City Council December 10, 1992 Page 5 Permit Only Zones" were established for the Moorpark College and Peach Hill Park areas through the adoption of a City Council resolution. Signs are posted in those areas identifying the parking restrictions. 2. Restricting parking for street sweeping - Section 22607.6 of the California Vehicle Code allows local authorities to prohibit or restrict the parking or standing of vehicles on designated streets for the purpose of street sweeping. Signs must be posted in a conspicuous place at each entrance to the street which set forth the day or days and hours parking is prohibited. 3. Restricting overnight parking on a neighborhood option basis - Section 21351 of the California Vehicle Code and Section 10.04.200 of the City Municipal Code also permit this option. Through the use of Option 1, as described above, the City can regulate how many parking permits will be issued for each residence. Option 1 requires overall neighborhood acceptance, and requires more staff time to issue permits and to enforce. Option 2 only prohibits on- street parking during street sweeping hours and will not solve overcrowding related parking problems. Option 3 would also require neighborhood acceptance; however, staff would expect that Option 3 would more successfully help to discourage overcrowding than Options 1 and 2. Generally, parking problems from overcrowding situations occur during the evening hours when more residents return home from work. Regulation of Occupancy Limits: The City's Building and Safety Office researched the Uniform Building Code, Health and Safety Code, and the Fire Code to determine if there are any requirements for the amount of living space afforded per person in residential housing. Their response is that there do not appear to be any occupant load restrictions in either the Uniform Fire Code or the Health and Safety Code (refer to Attachment 2). The Fire Code refers to the Building Code for maximum permitted occupancy load. The Honorable City Council December 10, 1992 Page 6 In the Building Code, requirements for living space apply to the size and locations of emergency access based on square footage of the building (refer to Attachment 3, Section 3302 and Table 33 -A, Minimum Egress Requirements, U.B.C.). The City Attorney provided a thorough summary of relevant legislation and Uniform Housing Code regulations in her letter dated October 2, 1992, pertaining to regulation of overcrowded housing. Some of the information from her letter is summarized below for your information. Under the Uniform Housing Code, Section 503(b), every dwelling unit is required to have at least one room with a minimum floor area of 120 square feet; other "habitable rooms" (except kitchens) are required to have at least 70 square feet; and the floor area of any room used for sleeping purposes is required to be increased by 50 square feet per occupant in excess of two. Applying these standards, five people could occupy a typical one - bedroom apartment. Section 17950 of the Health & Safety Code requires the State to adopt a State Building Standards Code that contains the same standards as the Uniform Building and Housing Codes, including the Uniform Housing Code, and requires every local government to adopt the same uniform codes. Courts have determined that the 1970 legislation enacting Section 17950 is evidence of a legislative intent to generally preempt local regulation in the field of building and housing standards and to preempt local governments from adopting floor area ratios that are more stringent than those of the Uniform Building and Housing Codes. The City Attorney's October 2, 1992, letter reviews court decisions related to overcrowding ordinances and she includes a reference from City of Santa Barbara v. Adamson which invalidated a City of Santa Barbara overcrowding ordinance. In Adamson, the California Supreme Court suggested appropriate means to achieve safe and quiet neighborhoods that meet family needs: "Population density can be regulated by reference to floor space and facilities. Noise and morality can be dealt with by enforcement of police power ordinances and criminal statutes. Traffic and parking can be handled by limitations on the number of cars (applied evenly to all households) and by off - street parking requirements. In general, zoning ordinances are much less suspect when they focus on the use than when they command inquiry into who are the users." (27 Cal.3d at 133.) Staff also investigated occupancy standards used by the State Department of Housing and Community Development and the Area Housing Authority which are applied to persons receiving housing The Honorable City Council December 10, 1992 Page 7 assistance. The City Attorney has identified that the occupancy standards used by these agencies are only guidelines. They do not have the force of regulation of law. Unlike a law, if a tenant does not want to be bound by the occupancy standards used by these agencies, then that person can forgo the financial benefits of participation in the program. Based on information from the City Attorney, staff is recommending that the City not attempt to adopt an ordinance which limits the number of permissible occupants by floor area, defines "family ", or requires a permit for a dwelling unit which is occupied by more than a specified number of adults. Instead, staff is recommending strict enforcement of the Zoning Ordinance, and Municipal Codes related to noise, parking, and building and housing standards. Other Education and Enforcement Options: Department of Community Development and Building and Safety staff can be utilized in a pro- active manner to identify building and zoning code violations. The funds to support code enforcement efforts could be obtained through a cost recovery program. Staff is currently working on a draft code enforcement cost recovery ordinance. Staff's intent is to work with the Budget and Finance Committee to develop an acceptable cost recovery ordinance prior to scheduling before the Council. Attachment 4 outlines a proposed code enforcement action plan which includes a systematic, pro- active approach for investigating overcrowding related violations in neighborhoods throughout the City. Effective neighborhood involvement can also assist the City in the elimination of many of the most common building and zoning code violations. Education and peer pressure are important components of this type of neighborhood involvement program. Other education and enforcement options which staff can pursue, if so directed by Council, include the following: 1. Amending the Municipal Code to include specific public nuisance language related to property maintenance. Refer to Attachment 5, City of Colton Municipal Code, which includes a list of conditions that constitute a public nuisance. The Moorpark Municipal Code does not currently provide a clear definition of what constitutes a public nuisance. Enforcement would be easier if a specific list is included. 2. Amending the Municipal Code to include a requirement that the potential occupant of a home must be advised by the seller of the City's requirement to inspect all homes prior to occupancy to assure compliance with applicable codes and regulations. The Honorable City Council December 10, 1992 Page 8 If a dwelling was found to be substandard, the City could provide the seller or the potential buyer with information on rehabilitation loans. 3. Placing an ad in local home sales booklets recommending that prospective buyers have a home inspected for code violations prior to purchasing. 4. Sending a letter to local banks and mortgage companies advising them that funding a loan which allows or fosters an overcrowding situation may have the effect of lowering property values. 5. Placing an ad in the local spanish language newspapers advising readers of the potential problems they may encounter if they contribute to an overcrowding situation. 6. Development of a program to increase home ownership in older residential areas of the City. This matter is scheduled for Affordable Housing Committee discussion at their next meeting. Financial incentives could be provided to home buyers including, but not limited to, assistance with down payments and closing costs, low - interest rehabilitation loans, and second mortgages with deferred payment. Funds which could be utilized for this type of program include redevelopment, Affordable Housing, and /or Community Development Block Grant funds. RECOMMENDATIONS 1. Direct staff to prepare a resolution for adoption at the January 6, 1993 meeting, initiating amendment of the Municipal Code pertaining to parking regulations, including parking and storage of recreational vehicles. 2. Direct staff to proceed to implement the Code Enforcement Action Plan as outlined in Attachment 4 of the staff report. 3. Direct staff as deemed appropriate regarding any other appropriate overcrowding abatement actions. Attachments: 1. Sample Ordinance - RV Parking and Storage 2. Memo from Building and Safety dated 11 -25 -92 3. Section 3302 and Table No. 33 -A, U.B.C. 4. Memorandum re: Code Enforcement Action Plan dated 12 -9 -92 5. City of Colton Property Maintenance regulations JRA /DST 8.44.010 Q Chapter 8.44 �. t✓ PARKING AND STORAGE OF tY RECREATIONA.L VEHICLES REGULATED Sections: 8.44.010 Definitions. 8.44.020 Purpose of provisions. 8.44.030 Dimensions. 8.44.040 Storage. 8.44.050 Parking on city streets. 8.44.060 Standing in city—Sale exception. 8.44.070 Use restrictions. 8.44.080 Preparation of food restrictions. 8.44.090 Sleeping quarters restriction. 8.44.100 Selling or bartering prohibited. 8.44.110 Violations —Duty of officer. 8.44.120 Penalty for violations. 8.44.130 Remedies cumulative. 8.44.010 Definitions. (a) "Camp car" means a vehicle with or with- out motive power which is designed or used for human habitation and which may contain plumbing, refrigeration. cooking, heating, or electrical equipment. but does not include an installed "mobile home" as set forth in Govern- ment Code Sections 65852.3 and 65852.7. (b) "Camper" means a structure designed to be mounted upon a motor vehicle and to provide facilities for human habitation or camping pur- poses. The term "camper" does not include a camper shell. (c) "Camper shell" means a structure designed to be mounted upon a motor vehicle that provides shelter from the elements but does not contain plumbing, refrigeration, cooking, heating, electrical equipment or other facilities for human habitation. (d) "Driveway" means an established paved path leading directly from a garage or parking facility on a lot to the street or alleyway, and used -- primarily for the ingress or egress of vehicles. The ATTACHMENT 1 width of the driveway area shall not exceed more than one third of the front yard width or one third of a side yard width if on a corner lot. (e) "Motor home" means a self- contained vehicle designed for human habitation, with its own motive power, and with a passageway from the body of the home to the driver's front pas- senger seat. (f) "Multi -use vehicle" means a four wheel drive vehicle, pick -up truck, mini or micro motor home, or van, twenty -three feet or less in length. (g) "Public storage" means a facility,. the pur- pose of which is to provide secure storage area and which has been approved by the city to oper- ate as a public storage business with designated parking areas for outside storage of vehicles or boats. (h) "Recreational vehicle" means any vehicle or trailer designed. or modified for use as a camp car. camper. motor home, house car, trailer. trailer coach, boat. boat trailer. snowmobile trailer, camping trailer, or for any similar pur- pose- W Adoption of California Motor Vehicle Code definitions. Whenever anv words or phrases used in this chapter are not defined but are defined in the California Vehicle Code and amendments thereto. such definitions shall apply. (Ord -1004 § 2 (part), 1986) 8.44.020 Purpose of provisions. The purpose of this chapter is to regulate the storage and parking of recreational vehicles in the city in the interest of public health, safety and welfare to prevent such vehicles being utilized as housing except in lawfully established trailer parks and to ameliorate street congestion. sight blockage and aesthetic blight caused by the improper storage and parking of such vehicles. (Ord. 1004 § 2 (part). 1986) 8.44.030 Dimensions. No recreational vehicle which exceeds thirty - five feet in length, eight feet in width or thirteen feet six inches in height may be kept in this city. (Ord. 1004 § 2 (part). 1986) LBAGUE OF CALIFOIiMA CITIE.R 260 14M K Street Saarnmeato, California 95814 RETURN IN 2 Wi EKS PLBASE I _C 8.44.040 Storage. It is unlawful for any person to store or park a recreational vehicle, and /or camper shell not securely fastened to a vehicle, upon any lot or piece or parcel of land within an area zoned for residential purposes, including multiple- family areas in this city, except: (a) In a licensed trailer park or licensed public storage facility; or (b) Wholly enclosed with a structure lawfully existing on the premises: or (c) Within the side or rear yard of the lot provided that the recreational vehicle be located no closer than three feet to any exit from a build- ing used for human habitation, that its wheels are properly blocked or locked. that it does not encroach on a public right -of -way. and that it is not stored or parked in a clear vision zone of a corner lot. and provided further that it is screened from adjacent lots by a solid non - transparent fence six feet in height: or (d) Within the front yard of the lot provided that the recreational vehicle is located entirely within a paved driveway, that its wheels are prop- erly_ blocked or locked. that it does not encroach on a public right -of -way, and that it is not parked or stored in a clear vision zone on a corner lot. (Ord. 1004 § 2 (part). 1986) 8.44.050 Parking on city streets_ (a) Notwithstanding any provisions of this section to the contrary, the parking of any recrea- tional vehicle on any public street or avenue. highway, lane, alley, court or public place remains subject to regulation of parking pur- suant to established city or state traffic and zon- ing regulations. (b) Except as provided pursuant to subsec- tions (c) and (d) of this section, no person shall park or leave standing a recreational vehicle, on any street between the hours of ten p.m. and six a.m. the following day. (c) Notwithstanding subsection (b) of this sec- tion. a resident ofa single family or two family lot 261 3.44.040 located in a residential district may park a recrea- tional vehicle during the hours of ten p.m. and six a.m. on a street immediately abutting a street lot line of the lot upon which such resident resides, subject to the following limitations: (i) Such parking shall be for the purpose of convenient departure from or return to the lot by such resident in connection with a planned trip, outing or vacation of the resident commencing or ending the same day of such parking, includ- ing any loading or unloading of persons and personal effects or for the preparation of the vehi- cle incidental to such departure or return: and (ii) Such parking shall in no event extend beyond twenty -four consecutive hours, nor more than two occasions during such hours during any seven -day period. (d) Notwithstanding subsection (b) of this section, a resident of single family ortwo family lot located in a residential district may park a multi -use vehicle during the hours of ten p.m. and six a.m. on a street immediately abutting a street lot line of the tot on which such resident resides, subject to the limitations set forth in Title I I of this code. (Ord. 1004 § 2 (part). 1986) 8.44.060 Standing in city —Sale exception. The provisions of Section 8.44.040 shall not apply to recreational vehicles offered for sale by persons or corporations engaged in the business of selling recreational vehicles when such per- sons or corporations have been duly by the city to sell such vehicles, and are lawfully operating in accordance with the provisions of this code. (Ord. 1004 3 2 (part), 1986) 8.44.070 Use restrictions. It is unlawful to use any recreational vehicle for the purpose of human habitation. notwith- standing that such units have been altered in such a manner as to render them no longer usea- ble as means for the transportation of human beings, but does not include an installed "mobile home" as set forth in Government Code Sections 65862.3 and 65852.7. (Ord. 1004 §21 (part), 1986) 8.44.080 8.44.080 Preparation of food restrictions. It is unlawful to use any recreational vehicle within the city as a place to prepare food for any purpose. but does not include an installed ..mobile home" as set forth in Government Code Sections 65862.3 and 65852.7. (Ord. 1004 § 2 (part), 1986) 8.44.090 Sleeping quarters restriction. (a) It is unlawful to use any recreational vehi- cle for the purposes of sleeping quarters. notwithstanding that such units have been altered in such a manner as to render them no longer useable as means for the transportation of human beings, but does not include an installed "mobile home" as set forth in Government Code Sections 65862.3 and 65852.7. (b) Notwithstanding subsection (a) of this sec- tion. a resident of single family or two family lot located in a residential district may use a recrea- tional vehicle properly stored within the front, side or rear yard of the resident's lot. for the purpose of temporary sleeping quarters. subject to the following limitations: (i) Any such recreational vehicle must be fully contained and must not require any electrical or plumbing hookups to the residential structure: and (ii) Such use as temporary sleeping quarters shall in no event extend beyond seventy -two con- secutive hours nor more than two occasions dur- ing any thirty -day period. (Ord. 1004 § 2 (part), 1986) 8.44.100 Selling or bartering prohibited. It is unlawful to engage in or conduct the business of selling or bartering any kind of mer- chandise or commodity in, from, or at any recre- ational vehicle in the city unless duly licensed by 262 the city. Any person violating the provisions of this section shall be guilty of a misdemeanor. and upon conviction shall be punished as set forth in Chapter 1.24 of this code. (Ord. 1004 § 2 (part), 1986) 8.44.110 Violations —Duty of officer. In the event that any recreational vehicle is placed on, located or allowed to stand in any place in the city in violation of the provisions of this chapter, or is used for any purpose in vio- lation of this ,chapter, the enforcement officer and /or a police officer of the cite may at their discretion impound each recreational vehicle. and cause the same to be taken to an approved storage facility or impound area. The expenses of towing such recreational vehicle to such facility or impound area and the storage of same, as herein provided, shall be paid by the person or persons owning and /or operating such recrea- tional vehicle prior to its release. (Ord. 1004 § 2 (part), 1986) 8.44.120 Penalty for violations. Any person. persons, firm or corporation vio- lating any provisions of this chapter, except Section 6.44.100, is guilty of an infraction and shall be punished as set forth in Section 36900 of the Government Code. (Ord. 1004 § 2 (part), 1986) 8.44.130 Remedies cumulative. The remedies provided for herein shall be cumulative and not exclusive. (Ord. 1004 § 2 (part), 1986) To: From: Date: Subject: ATTACHMENT 2 MOORPARK 799 Moorpark Avenue Moorpark, California 93021 MEMORANDUM Mario Riley Afl ` Steve Corralejo a- November 25, 1992 Overcrowding research (805) 529 -6864 Per your request, I have researched the Uniform Building Code, Health and Safety Code. and the Fire Code to determine if there are any requirements for the amount of living space afforded, per person, in residential housing. The U.B.C. has a requirement for the determination of occupant load for classrooms. assemblx- areas_ or similar purposes (see section 3302. U.B.C.). Requirements for living space, however, only apply to the size and locations of emergency access based on square footage of the building (see Table 33 -A, U.B.C.) There do not appear to be any occupant load requirements in the Uniform Fire Code or the Health and Safety Code. 'a .._ ..��•_:•• .ioy E TALLE`/ JA JOHN E WO�'NIAK A \� r;' : +)0' ;' � :.O'.. ^! ..,P.....a councdmpmo0r C \� Ouncilmamoaf 3301.3302 1991 UNIFORM BUILDING CODE I'RI1ATE' STAIRWAY is a stairway serving one tenant only. 1'1'111,1(' v'1'A1' 1•..111), •,heel, alley or siulilal pimcl of land essentially unub - sIrucic"l IIoIIIt It- gt oil n,I Iol Ile sky which is deeded,dcdicatrdorulherwisepernu- nclnl" ,1111,111p1 hued to Illc public lilt public use and havutg a clear width of nut less 111.111 Ill feel NI'll <AI. ti7.411cW,11' r� a st;urway having a closed circular form in ids plan Irlt t1 lilt tlltllolllt st•t "111111 shilpi•ll Ift'lltfs allilched to alld latlialing Ilhlttll 11 1111111• alum dta111cler supposing colunm. The of fective tread is delineated by the nosing r,ufius Ina•, 1110 r � irnur ,ln" It "tuner liar of roiling) and Ihr nvcrlup nulius line (sus Ing ladlus tine ill ucad above). 1:11ective tread dimensions are taken along a line Ia•I I+t 1111k ul,u lit the kTII(el line ill the head. (c) Exit Obstruction. Obstructions shall not be placed in the required width of ,111 cxlt cntcpl prulctlioos pcnntilcd by this chapter. (d I ('hang;es in Elet' alien. Within a building, changes in elevation of less than 12 utctics along any exit serving an occupant load of 10 or more shall be by ramps. EXCF.I'I ION: Group R, Division 3 Occupancies and along aisles adjoining sr.uulp auras. (e) Yards, Patios and Courts. Yards, patios, courts and similar outdoor areas access1111c to and usable by the building occupants shall be provided will exits as rrtluilrtl by this chapler. The occupant load of such outdoor areas shall he assigned b\ the butltling ollicial In accordance with their anticipated use. When outdoor areas arc to be used by persons in addition to the occupants of the building, and exits from the outdoorareas pass through the building,exit requirements forthe building shall lc• based on the sum of the occup;ml loads of the building plus the outdoor areas, EXCEVUONS: 1. Outdoor areas used exclusively for service of the building 111,1) h.oc onl) one evil. I Ouldtwr areas associated with Group R, Division 3 Occupancies. (f) Building; Accessibility. In addition to provisions of this chapter, exits which provide access tit, or egress from, buildings for persons with disabilities shall also comply with Chapter 31. (g) Elevators or Escalators. Elevators or escalators shall not be used as a re- quired exit. Occupant Load Sec. 3302. (a) Determination of Occupant Load. In determining the occupant load, all portions of a building shall be presumed to be occupied at the same time. EXCEIIHON: Accessory use areas st hich ordinarily are used only by persons svho tccup) the main areas of an occupancy shall be provided with exits as though they are completely occupied, but their occupant load need not be included in com- puting the total occupant load of the building. The occupant load for a building shall be determined in accordance with the fol- low ing: ran A PI li 1991 UNIFORM BUILDING CODE 3302 -3303 1. General. For ureas without fixed seats, the occupant load shall not be less than the ni nther determined by dividing; the floor area assigned to that use by the occu- pant load factor set forth iu'Iable Nu. 33 -A. Where an intended use is not listed in Tultlr Nu, 33-A, the building official shall establish an occupant load factor based on a listed use which most nearly resembles the intended use. For it building or portion Ibcicof whit h has more 111:111 one use, the tccupattt load shall be determined by the use which gives the largest number of persons. The occilpaill Iliad Im buildings of arcus containing two or Vlore (lccupaticIeh shall be determined by adding the occupant loads of the various use areas as com- pitted in uccoldanec with the upplicahle ptovisiorls of this section. 2. Fixed fieuling, Fornrcm having fixed seals :uul aisles, the occupant load shall be determined by the number of fixed seats installed therein. The required width of aisles serving fixed seats shall not be used for any other purpose. Fur areas having fixed benches or pews, the occupant load shall not be less than the number of scats based on one person for each 18 inches of length of pew or bench. Where booths are used in dining areas, the occupant load shall Ix; based on one person for each 24 inches of buuth length or major portion thereof. 3. Reviewing stands, grandstands and bleachers. The occupant load for re- viewing stands, grandstands and bleachers slut[ be calculated in accordance with ►his section and tlic specific requirements conlaincd in Section 3322. (b) Maximum Occupant Load. The maximum occupant load forother than an assembly use shall not exceed the capacity of exits as determined in accordance with this chapter, The maximum occupant load for an assembly use shall not exceed the occupant load as determined in accordance with Section 3302 (a). EXCEPTION: 'I'hc occupant load for an assembly building or portion thereof maybe increased, when approved by the building official, if all the requirements of this code are met for such increased number of persons. The building official may re- quire an approved aisle, seating or fixed equipment diagram to substantiate such an increase, and may require that such diagram be posted. (c) Posting of Room Capacity. Any room having an occupant load of 50 or more where fixed seats are not installed, and which is used for classroom, assembly or similar purpose, shall have the capacity of the room posted in a conspicuous place on an approved sign near the main exit from the room. Such signs shall be maintained legible by the owner or the owner's authorized agent and shall indicate the number of occupants permitted for each room use. (d) Revised Occupant Load. After a building is occupied, any change in use c increase in occupant load shall comply with this chapter. See Section 502. Exits Required Sec. 3303. (a) Number of Exits. Every building or usable portion thereof shall have at least one exit, not less than two exits where required by Table No. 33 -A and additional exits as required by this subsection. fi9q a 41, s i ti W r• a TABLE NO. 33 -A— MINIMUM EGRESS REQUIREMENTS' 0C.,11fuulrJi 33 -A 1991 UNIFORM BUILDING CODE TABLE NO. 33 -A— MINIMUM EGRESS REQUIREMENTS' — (Continued) MINIMUM OF TWO EXITS OTHLNIHAN ELEVATORS ARE REQUIRED WHERE NUMBER OF OCCUPANTLOAD OCCUPANTS IS AT FACTOR? USE' LEAST (sq. tt.) I. Aircraft hJIlg Jrs it) 20(1 lilt, repJlr) 10 5001 2 AII1t1111111xlms 7 �. As,clllhl) xcJ,, Von, enlraled use h 8(1 1 .111 -ul IlArd c.11,1 511 7 Audllm uur1, 10 NO ('11m, III'\ alld 111,11 x'l\ It, 219) 0.11%c 111x1(♦ 111 200 I nhh) J„ v. w) I l a „rnlhly 50 50 1 ti l Il(IJIn ) ill 50 I /xlgc rlxllll, — — I(c 1 Ic\L mg ,lands 10 201 21. Nlecharlical equipnlenl ((x111 30 300 NaumE ,1r\•J 50 3 4 A „elllhl) afca,, 30 1(X) le„ comVIlIIJleJ u,C 50 IS ( 01110C•IILe' 1x1(11, 50 SO I)111I11g nx11I1, 50 50 on the skating 1)IInking e,lablr\hllle Ills area; 15 on the Lshlho nxu »s deck G) 11111a,1uff1, 30 100 I ounges 50 30 Stage-. 50 50 for the pool 5 Huwling Jlle) (assume no area; 15 on the Lxcupant load lur txlw ling lanes) 50 '' h Chlldrrn's hunks and homes for 30 NO the aged 6 110 7 ClJssrlxa», 50 20 h C-Ungrcgate re\Ideflces (JccununlxlJting 10 or less persons and hJS ing an area of 3•(Mx),Lyu.Ue Iccl of IV,\) Ill 310 ('onElegale re,Idcrne, IJLLUrmrnxlaunL; nimc Than 10 (r•r\uns or ha\ Ing an area u1 n1ore than 1,01X) %qu ire feel) It, 20X1 9 Courtrlxnm 50 40 It, IN-rilmorles 10 50 II 1)N oiling, Ill 3(X) I: F %CfL',Ing nxmis 511 50 0C.,11fuulrJi 33 -A 1991 UNIFORM BUILDING CODE TABLE NO. 33 -A— MINIMUM EGRESS REQUIREMENTS' — (Continued) 'Access lu, and rgreu from, budJulgc fur prrsom w ith dl,abil hies shall be provided as spe- cified in Chaptrr 31. Tor additional plus i,iuns till number ill exits bunk Group, H and I OcLupancles and Irinn rooms connuning Iuel - fired equipmem or cellulose nitrate, sec SccUun, 3319. 3320 and 3321, reslxc6%ely. 11111, table shall not be used to docrinme working spaca requirements per {xrson. tOccupanl load based on five persons for each alley, including 15 feet of runway. • • • • • MINIMUM OF TWO EXITS 01HER IIIAN ELEVATORS ARE REQUIRED WHERE NUMBER OF OCCUPANTLOAD OCCUPANTS IS AT FACTOR/ USE? LEAST (sq ft.) I.T. Guage, puking it) 20(1 14. I lospiUds :old %aimarium\- Nulling honors Sleeping mars(% h 8(1 Trvaluit-W nulm, Io B(1 Ilvallll-c.11V cc'(Itcl 10 NO 15, 1lulel► 1110 1111,1111110114 It, 219) 16. kitchen -conunereial 111 200 17. I.Ihlaly rl•athng mom 50 50 18, (IK'ker Hxmis ill 50 11). Mall'. (scL' ( 11:Ip1el 56) — — 20. M,n111lac till ing an'as 10 201 21. Nlecharlical equipnlenl ((x111 30 300 22. Miseries for children (day care) 7 35 23. Offices 30 1(X) 24. Schlx)l shops and %ocitlonal ruum 50 SO 25. Skating rinks 50 50 on the skating area; 15 on the deck 26. Storage and stlxk roln»s 30 100 27. Stores —Rlal) \ale\ rlxllll, 50 30 28. Sw inuuing lxoh 50 50 for the pool area; 15 on the deck 29. Warehouses 30 NO 30. All other\ 50 1(X1 'Access lu, and rgreu from, budJulgc fur prrsom w ith dl,abil hies shall be provided as spe- cified in Chaptrr 31. Tor additional plus i,iuns till number ill exits bunk Group, H and I OcLupancles and Irinn rooms connuning Iuel - fired equipmem or cellulose nitrate, sec SccUun, 3319. 3320 and 3321, reslxc6%ely. 11111, table shall not be used to docrinme working spaca requirements per {xrson. tOccupanl load based on five persons for each alley, including 15 feet of runway. • • • • • ATTACHMENT 4 DRAFT CODE ENFORCEMENT ACTION PLAN TO INVESTIGATE AND ABATE OVERCROWDING RELATED CODE VIOLATIONS * The Plan 1. Create Code Enforcement zones by subdividing the entire city into manageable areas. These areas will be smaller where there have been Code Enforcement problems in the past. Those areas that have historically had few problems will be larger in size. Emphasis will be placed on a cooperative approach between all responsible agencies and City Departments to ensure that information is shared regarding possible code violations. 2. Two weeks before Code Enforcement enters into a new area, a news release meant to educate the residents will be prepared and sent to all local newspapers including Spanish language publications. A news release will also be televised on the City's Government Channel, and radio announcements may also be determined to be appropriate. Direct mailing of a notice to each property owner will be done for those areas where is more potential for overcrowding related code violations. As each area is slated for inspection, the residents will be given the opportunity to make corrections to any violations prior to a Code Enforcement personnel visit. 4. Code Enforcement Officers visit each area and conduct a detailed walk -by inspection, house by house. Only those violations apparent from the street or public alleys are noted. The Code Enforcement personnel will also take note regarding a possible overcrowding problem based upon the available evidence. Code Enforcement personnel may ask to inspect the house when they return to conduct the "compliance" portion of the process. * Code Enforcement personnel will continue to respond to all other complaints received regarding code and permit violations in other areas of the City. 5. No contact will be made with residents or owners until the entire area is surveyed. If the Code Enforcement personnel are questioned they will simply explain the process, but will not issue compliance notices at that time. 6. The information from these surveys will then be transferred onto computer generated forms; all notices of violation are mailed concurrently with compliance dates adjusted reflect the seriousness and complexity of the problem. 7. Follow -up visits by the Code Enforcement personnel will be conducted until compliance is achieved. 8. The effort will move from one area to the next only after the area under investigation reaches 95% compliance. _.;bI DEC -07 -1992 08:42 FROM COLTON C01"MNI T DULPMNT TO . 18055298270 P.02 I. Broken or discarded furniture and household egaipnent, stoves, refrigerators, freezers, trash, dirt and other de- bris, on the premises for unreasonable periods and visible Cron the street or from the sites of neighboring properties and having a tendency to depreciate the property values of surrounding property. J. The accumulation of dirt, litter or debris in vestibules, doorways or the adjoining sidewalks of commercial or indus- trial buildings. t. Clotheslines in front yard areas. L. The maintenance of sign and /or sign structures relating to uses no longer conducted or products no longer sold on vacant commercial, Indust = ial or institutional buildings More than thirty days after such building becomes vacant. X. The maintenance of any structure- in a state of substantial deterioration, suet as broken windows, roofs in disrepair, mood or paper signs in deteriorated condition, damaged or unsafe porches, wails or broken. steps, or other such deterio- ration or disrepair not otherwise constituting a violation and which is viewable from a public right^of -ray or viewable from the sites of neighboring properties, where such condi- tion would depreciate the property values of the surrounding properties. N. The substantial lack of maintenance of grounds within the City on which structures exist, where said grounds are viewa- ble by the public from a public right -of -way or viewable from the site of neighboring properties, where such condition would depreciate the property values of surrounding proper- ties. o. Naintenancs of premises in such condition as to De detrinan- tal to the public health, safety, or general welfare. P. Property maintained so as to establish a prevalence of depre- ciated values, impaired investments, and social and economic maladjustments to such an extent that the Capacity to pay taxes is reduced and tax receipts from such particular area are inadequate for the cost of public services rendered therein. 15.56.020 Abatement All or any part of premises found,-as provided in this chapter, to constitute a public nuisance, shall be abated by rehabilita- tion, demolition or repair pursuant to the procedures sot forth -- in this chapter. The procedures set forth in this chapter shall not be exclusive and shall not in any manner limit or restrict the city from enforcing any other ordinances or abating public nuisances in any other manner provided by law. 165 DEC -07 -1992 08 =43 FROM COLTON COMMUNITY DVLPMNT TO 16055298270 P.03 18.56.030 Dealarat on of NULVA ae Whenever the Community Development Director or his duly author- ized representative determines that• any abandoned, vacant build- ings or structures and unattended land within the City is being maintained contrary to one or more of the provisions of section 18.58.010, then he shall cause notice to be given to all owners of record and any tenants in evident possession thereof, stating the defects thereof. The notice of defects may require the owner or person in charge of the premises or building, within 15 days, to commence either the rehabilitation of such preAises or the repair or demolition of buildings and structures or portions thereof, or notice shall be given to ascertain whether the sane does in fact Constitute such public nuisance, the abatement of which is appropriate under the police power of the City. 18.56.040 Hearing and Consideration if a notice is given to ascertain the constitution of a public nuisance, it shall be in the form of a public hearing process and shall be heard by the Planninq commission. - At the time stated in the notices, the Planning Commission shall hear and consider all relevant evidence, objections or protests, and shall receive testimony from owners. witnesses, City personnel and interested persons relative to such alleged public nuisance and to the proposed rehabilitation, repair or demolition of such premises. is.s6.o5o Hearincr and Determination A. Upon or after the conclusion of the hearing, the Planning Commission shall, based upon such hearing, determine whether the premises, or any part thereof, as maintained, constitutes a public nuisance as defined herein. if the Commission finds that such public nuisance does exist, and that there is sufficient cause to rehabilitate, demolish or repair the same, it shall instruct the Community Development Director or his duly authorized representative to make a written order setting forth the Commission's findings and ordering the owner or other person having charge or control of such prem- ises to abate such nuisances by the means specifically set forth in the order. Such order shall not forth the times within which such work shall be commenced and completed by the owner. H. Within 15 days from the date of mailing of the order, the owner or person controlling such lot or premises affected may appeal to the City Council. such appeal shall be in writing and shall be filed with the City Clerk. At a meeting of the City council not more than 30 days thereafter, the City Council shall proceed to hear and pass upon the appeal. The decision of the City Council thereupon shall be final and conclusive. 166 TOTAL P.03