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Home My WebLink About1983-10-18; City Council; 7534; DECLARATION OF PUBLIC NUISANCE AND ORDER FOR ABATEMENT ZONING VIOLATION 1600 BUENA VISTA WAYflv CIT~F CARLSBAD - AGEND~ILL ORDER FOR ABATEMENT - ZONING RECOMMENDED ACTION: Refer to City Attorney to prepare a Resolution declaring that a rl public nuisance exists at 1600 Buena Vista Way and ordering tha nuisance be abated by the property owner by November 17, 1983 o City will abate the use and charge the expense to the property owner, and to authorize the City Attorney to take any legal act necessary to enjoin the nuisance or enforce the abatement order ITEM EXPLANATION The purpose of this item is for the City Council to determine whether the zoning violation at 1600 Buena Vista Way (Dix Prop€ is a public nuisance because of numerous unused or inoperable vehicles sitting in the front, side, and rear yards, clearly vj M a3 cn rl . D 3 B w 0 0 -5 % g 3 from public streets. Section 21.62.010 of the Carlsbad Municipal Code states that ar Ti violation of the Zoning Ordinance constitutes a public nuisancc 2 is staff's opinion that the condition of the Dix property is a -lJ nuisance in several respects. Staff believes the condition ~OE g clearly violates the newly adopted section of the Zoning Ordinz (21.44.165) regulating parking in front and street-side yard ai This section prohibits the unscreened storage of vehicles in f. and street-side yards. In addition, the use of the property fc storage of vehicles is incompatible with uses permitted in the zone (Section 21.10.010). The manner in which the property ow' has accumulated vehicles, some of which have sat stationary fo years at a time, closely resembles an auto storage compound, a which is not allowed in any residential zone. Reasonable use residential property for parking and storage of a reasonable n co of vehicles for the immediate use of the property owner is per! under the R-1 zone. Staff believes that the manner of storage I the number of vehicles stored by the property owner at 1600 Bu I+ Vista Way is unreasonable. Because many of the stored vehicle disabled staff believes there is a violation of Section 10.52. the Municipal Code as well. Over the past few years, the City has received several complai from neighbors regarding the unsightliness of the property. I not only an eyesore to immediate neighbors, but also to any motorists who pass by on the public streets. 0 c, -I4 u 3 3 g kj c, M I 03 rl 0 0 0 Agenda Bill # 75-3t/ Page 2 10/18/83 to show any intention to do so . While staff is very concernec about the condition of the Dix property, it is also extremely concerned that the overt disregard for City laws on a highly VI site, could well set a precedent for non-compliance by others. The Council should consider this evidence and any additional evidence presented at the public hearing. If the Council detei the use to be a public nuisance based upon the evidence, it wil necessary for the Council to set a date for the property owner abate the violation. Staff recommends 30 days. If the proper1 owner does not abate the violation on or before that date, the then has the authority to abate the violation by private contr; by using City employees and to charge the expense to the propel owner. The City also has the authority to seek an injunction against the owner. Staff recommends that the City Attorney be authorized to institute any legal proceedings necessary to ensi that the Council's abatement order is carried out. ENVIRONMENTAL REVIEW None required . FISCAL IMPACTS The property owner is financially responsible for abating the violation as a public niusance. The cost of any litigation to enjoin the nuisance or enforce the abatement order may be recor from the property owner. This decision will be made by the Coi EXHIBITS 1. Location Map 2. Ordinance No. 9668 3. Section 21.10.010 of the Carlsbad Municipal Code 4. Section 10.52.130 of the Carlsbad Municipal Code 5. Photographs (available at City Council meeting) eaLGzzZs%k%i-- r c. v 5 1 2 3 4 .5 6 7 8 9 lo 11 12 l3 14 il. l5 l6 ‘17 18 19 .@ .$a ORDINANCE NO. 9668 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21, CHAPTER 21.44, OF THE CARLSRAD MUNICIPAL CODE BY THE ADDITION OF SECTION 21.44.165 TO REGULATE THE PARKING OF VEHICLES ON RESIDENTIAL LOTS. The City Council of the City of Carlsbad, Californ ordain as follows: , SECTION 1: Title 21, Chapter 21.44, of the Carlsb, Municipal Code is amended by the addition of Section 21.44. read as follows: 21.44.165 Off Street Parking - Residential Zones. (a) Standard lots: residential zones the following parking regulations shall a] (1) No vehicles shall be parked in the requi. front yard except on a paved driveway or parking area which not exceed thirty percent of the required front yard area 01 area that is comprised of twenty-four feet of width extendec the property line to the front of the building, whichever i! greater. (2) No trailer, travel trailer, camper, boat recreational vehicle shall be parked in the front yard park for more than twenty-four hours. (3) Vehicles may be parked in any area of thi other than the required front yard subject to the following restrictions: (A)* Passenger vehicles including light-c commercial vehicles used as a principle means of transporta- the occupant of the residence may be parked in any other ari the lot provided that they are screened from view from the 1 right-of-way. Such vehicles may be parked without screenin( /paved driveway or parking area which is an extension of the 2o 2J . 22 23 24 25 26 27 28 area permitted in Subsection (a)(l) provided that the paved driveway or parking area does not exceed the width of the a permitted in Subsection (a) (1) . (B) Trailers, travel trailers, campers, recreational vehicles or one passenger vehicle may be parkec without screening only in side yard areas adjacent to the m( structure on the lot or rear yards. Such vehicles may only parked in front of the main structure if they are located 01 the required front yard and screened from the public right- (1) No vehicles shall be parked in the requi front yard or required street side yard except on a paved d OK parking area which does not exceed thirty percent of the required yard area or an area that is comprised of twenty-fc of width extended from the property to the front of the bui whichever is greater. (b) Corner and reverse corner lots: .4 .f %,’ ? 1 2 3 ‘4 5 6 7 8 9 10 11 12 33 14 15 16 17 18 19 20. 21 22 23 24 25 26 27 28 .@!I e- Y’ 3 (2) No trailer, travel trailer, camper, boat recreational vehicle shall be parked in the front or side y parking area for more than twenty-four hours. (3) Vehicles may be parked in any area of th other than the required front or side yard subject to the f restrictions: i (A) Passenger vehicles including light- commercial vehicles used as a principle means of transporta the occupant of the residence may be parked in any other ar the lot provided that they are screened from view from the right-of-way. Such the vehicles may be parked without scre a paved driveway or parking area which is an extension of t parking area permitted in Subsection (b)(l) provided that t driveway or parking area does not exceed the width of the a permitted in Subsection (b)(l)- (B) Trailers, travel trailers, campers, or recreational vehicles may be parked without screening or the interior side yard areas adjacent to the main structure lot or rear yards. Such vehicles may only be parked in frc the main structure or on the street side yard area if they located outside the required front yard or side yard and sc from the public right-of-way. (1) Storage or parking of inoperable, wreck( dismantled or abandoned vehicles shall be regulated by Cha] 10.52 of this Code; provided, however, that not more than vehicles in any inoperable wrecked or dismantled condition parked in the areas specified in this section for trailers trailers, campers, boats, or recreational vehicles while s, vehicles are being repaired or restored by the owner of thl property. (2) No heavy-duty commercial vehicles as de Section 10.40.075 of this code shall be parked on any resi lot except while loading or unloading property; or when su vehicles parked in connection with or in aid of the perfor service to the property or adjacent property on which the is parked and in no event for more than six hours or such additional time as necessary to complete the loading, unlo service. (a) For residential projects developed under Cha 21.45 parking shall be regulated by the planned developmer permit . ‘EFFECTIVE DATE: This ordinance shall be effectit (c) All lots: days after its adoption, and the City Clerk shall certify adoption of this ordinance and cause it to be published at once in the Carlsbad Journal within fifteen days after it:: adoption. //// 2. .- ,. -* t . .-& ri 3, 2 3 i 4 5 6 7 8 9 10 II 12 13 14 15 16 a7 18 19 20 21 22 23 24 25 26 27 28 .~ -a) e.7 * INTRODUCED AND FIRST READ at a regular meeting of day of April Carlsbad Ciry Council held on the .5th 1983, and thereafter $ASSED AND ADOPTED at a regular meeting of said C: Council held on the 19th day of April by the following vote, to wit: AYES: Council Members Lewis, Rulchin, Chick and NOES: Council Member Casler ABSENT None 7tA+%+&- MARY H c / CASLER, Mayor ATTEST: .. g #P&/?4Ar3 d!?%&- ALETHA L. RAUTENKRAMZ, ClCy Cle 3.