HomeMy WebLinkAbout2014-02-05; Planning Commission; Resolution 7033
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, DENYING AN APPEAL PURSUANT TO SECTION
21.54.140 OF THE CARLSBAD MUNICIPAL CODE, AND UPHOLDING A
CITY PLANNER DECISION TO APPROVE ADMINISTRATIVE VARIANCE AV
13-08 TO ALLOW A RECREATIONAL VEHICLE (RV) TO BE PARKED IN THE
REQUIRED FRONT YARD SETBACK OF A LOT LOCATED AT 3024 GARBOSO
STREET.
CASE NAME: ROSS RV PARKING
CASE NO: AV 13-08
WHEREAS, on November 21, 2013, the City Planner approved Administrative Variance
AV 13-08 to allow a recreational vehicle to be parked in the required front yard setback of a lot
located at 3024 Garboso Street; and
WHEREAS, the appellant, Tom Erwin, on December 2, 2013 appealed the decision of the
City Planner within the 10-day appeal period prescribed in Section 21.54.140(B); and
WHEREAS, the Planning Commission did, on February 5, 2014, hold a duly noticed public
hearing as prescribed by law to consider said appeal; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of persons desiring to be heard, said Commission considered all factors relating to the
appeal of the City Planner’s decision to approve Administrative Variance – AV 13-08 – ROSS RV
PARKING.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad, California, as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission DENIES
the appeal and upholds the decision of the city planner to approve Administrative
Variance – AV 13-08 – ROSS RV PARKING based on the following findings and subject to
the following conditions:
Findings:
1. That parking in or access to the side or rear yard would require structural alteration to the
existing residence or will require the removal of significant or unique landscaping in that the
largest side yard (east side) is 9 feet (‘) and 1 inch (”) wide including the roof eaves which
extend 1’ into the side yard, making it very difficult to locate the 8’6” wide recreational
vehicle (RV) within the 9’1” wide side yard. Specifically, there would only be a clearance of
3.5” (9’1” – 8’6” = 7”) on each side of the RV. A structural alteration involving the removal of a
portion of the roof eave would be required in order to have more room to potentially fit the
PLANNING COMMISSION RESOLUTION NO. 7033
PC RESO NO. 7033 -2-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RV within the side yard. Furthermore, existing utility boxes located directly in front of the
eastern side yard restrict maneuverability of the RV on this side of the property.
2. That parking of the recreational vehicle in or access to the side or rear yard would not require
extensive grading to the side or rear yard. However, it is very difficult to fit the 8’6” wide RV
within the side yard given the limited 9’1” wide space between the existing structures and the
property line as described above and makes getting into and out of the RV virtually impossible
in the 3.5” of space on either side of the vehicle.
3. Parking of the recreational vehicle in the front yard would not interfere with visibility to or from
Garboso Street in that adequate sight distance is provided and the lot in question is an interior
lot located on a relatively straight portion of Garboso Street which affords appropriate sight
distance.
4. That the recreational vehicle would not interfere with traffic on the street or sidewalk or
encroach into the street and utility right-of-way in that the RV does not encroach into the
public right-of-way since the recreational vehicle is 23 feet in length and the available parking
area in the driveway is approximately 26 feet outside of the public right-of-way.
Conditions:
1. The recreational vehicle is not considered a habitable structure when parked on the property
and shall not be used in such a manner.
2. All “slide-outs”, “pop-ups”, awnings or similar features shall not be deployed and shall be kept
in the “in” or “down” position in order to minimize the mass of the recreational vehicle.
3. Approval is granted for AV 13-08 as shown on Exhibit “A,” dated November 20, 2013, on file in
the Planning Division and incorporated herein by reference. Development shall occur
substantially as shown unless otherwise noted in these conditions.
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
NOTICE TO APPLICANT
An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village
Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning
Commission's decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the
appeal must be in writing and state the reason(s) for the appeal. The City Council must make a
determination on the appeal prior to any judicial review.
NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions."
You have 90 days from date of final approval to protest imposition of these fees/exactions. If you
protest them, you must follow the protest procedure set forth in Government Code Section 66020(a),
and file the protest and any other required information with the City Manager for processing in
accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will
bar any subsequent legal action to attack, review, set aside, void, or annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT
APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other
similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any
fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the
statute of limitations has previously otherwise expired.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of
the City of Carlsbad, held on February 5, 2014, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
NEIL BLACK, Chairperson
Chairperson Black, Commissioners L'Heureux, Schumacher, Scully, and
Siekmann
Commissioner Segall
Commissioner Anderson
CARLSBAD PLANNING COMMISSION
ATIEST: YL/1
DON NEU
28 City Planner
PC RESO NO. 7033 -3-