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HomeMy WebLinkAbout1984-08-21; City Council; 7775-1; Parking of RV in font yard in residential zones.I \B#?'j7 75-* I dTG. 8/21/84 IEPT. pLN CIT'"3F CARLSBAD - AGENDI %LL TITLE: ZONE (-JJDE AMENDMENT -I= PARK- ING OF RECREATIONAL VEHICLES IN THE F~NT YARD AREA IN F@SIDENTIAL ZONES. CITY OF CARLSBAD - ZCA-l54(A) m rJ '- I CITY MGR.* RECOMMENDED ACTION: It is recomnended that this request be APPROVED and that the City Council introduce Ordinance No. 5 74 9 . ITEM EXPLANATION This item is a request for a zone de anendment to anend Section 21.44.165 of the zoning ordinance which regulates the parking of vehicles in the front yard setback area in single family residential zones. Per previous City Council direction, specific consideration is being given to anending the ordinance as it pertains to recreational vehicles. The existing ordinance prohibits any recreational vehicle (i.e, mtorhm, trailer, boat) from being parked in the required front yard setback (usually an area 20 feet back fram the front property line). The proposed anendment wuld allow recreational vehicles to be parked in the front yard area only when it is impossible to park in the side or rear yard without making substantial physical alterations to the existing residence or the property. Although the proposed mndment makes several other minor revisions to the ordinance including an ainistrative hearing procedure and a reformating of the ordinance, all other provisions of the existing ordinance remain including the requirement that allows only a maximum of 30% of any required front yard setback to be paved and used for vehicle parking. For a mre detailed explanation of the proposed anendment, please refer to the attached staff report to the Planning Comnission dated July 25, 1984. Through staff review and Planning Cmission hearing, all issues on this matter have been satisfactorily resolved. The Land Use Planning Manager has determined that this Wo-ject will not cause any significant environmental impacts and, therefore, has issued a Negative Declaration, dated July 1 1, 1984, which was approved by the Planning Cmission on July 25, 1984. A copy of the environmental documents is on file in the Land Use Planning Office. FISCAL IMPACT No fiscal impacts muld be created by approval of this application. EXHIBITS 1 . City Council Ordinance No. 9 73 2. PC Resolution No. 2328 3. Staff Report, dated July 25, 1984 .. . 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 ORDINANCE NO . 9729 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21 8 CHAPTER 21.44, OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTION 21 .44.165 "0 REGULATE THE PARKING OF VEHICLES ON RESIDENTIAL LOTS. The City Council of the City of Carlsbad, California, does Drdain as follows: SECTION 1: Title 21, Chapter 21-44, of the Carlsbad Municipal Code is amended by the amendment of Section 21.44.165 to read as follows: 21.44.165 Off Street Parkinq - Residential Zones. In all residential zones the following parking regulations shall apply: ( 1 ) Passenger Vehicles - Passenger vehicles including light-duty commercial vehicles used as a principle means of transportation for the occupant of the residence may be parked in the required front yard in single family zones on a paved driveway 3r parking area which does not exceed thirty percent of the required front yard area or an area that is comprised of twenty- four feet of width extended from the property line to the rear of the required front yard which ever is greater. Passenger vehicles nay also be parked in a paved area between the required front yard and the actual front of the building as long as it is an extension and does not exceed the width of the area described above. Passenger vehicles may be parked in any other area of the lot provided that they are screened from view from the public right-of- way. For corner'"lots, the provisions of this subsection shall apply to the required street side yard however, in no case, shall the provisions of this section allow parking in both the required front yard and the required street side yard; and trailers may be parked in single family zones as follows: setbacks; Land Use Planning Manager determines after giving the same notice as provided for administrative variances in Section 21.51.040 of this code that access to the side or rear yard cannot be provided. In making this determination, the Land Use Planning Manager shall zonsider : rear yard would require structural alteration to the existing residence or would require the removal of significant or unique landscaping. A fence shall not be deemed to prevent access to the side or rear yard; (2) Recreational Vehicles - Recreational vehicles, boats (I) in an enclosed structure observing all required - (11) open parking in the side yard or the rear yard; (111) open parking in the required front yard if the (1) Whether parking in or access to the side or 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (2) Whether parking in or access to the side or (3) Whether because of the configuration of the rear yard would require extensive grading; lot, existing landscaping, the location of the structures on the lot, and the size of the recreational vehicle, parking of the recreational vehicle in the front yard would interfere with visibility to or from any street; recreational vehicle in the front yard would interfere with trafffc on the street or sidewalk or would encroach into the street and ut i 1 i ty right -of -way; vehicle in the front yard shall not exceed the maximum paved area permitted for passenger vehicles. A corner lot is deemed to have reasonable access to the rear yard. construction of a permanent single family residence on a lot, the owner of the lot may live in a recreational vehicle upon said lot during construction of said residence for a period not to exceed six months . supercede more restrictive homeowner provisions contained in approved CCCR's. If the provisions of any such CC&R's are less restrictive than this ordinance, then the provisions contained herein shall apply. (4) Whether allowing parking of the The area for the parking of the recreation (IV) Notwithstanding the above, during the (V) The provisions listed herein are not intended to (3) Inoperable Vehicles - Storage or parking of inoperable, wrecked, dismantled or abandoned vehicles shall be regulated by Chapter 10.52 of this code; provided, however, that not more ..than two vehicles in any inoperable, wrecked or dismantled condition may be parked in the side yard or rear yard while said vehicles are being repaired or restored by the owner of the property provided the vehicles are visually screened from the public right-of-way; ~ (4) He'avy-Duty Commercial Vehicles - No heavy-duty commercial vehicles as defined by Section 10.40.075 of this code except for trailers as permitted-in Subsection (2) above shall be parked on any residential lot except while loading or unloading property; or when such vehicle is parked in connection with, and in aid of, the performance of a service to the property on which the vehicle is parked; parking fcrr multiple family residential projects shall be regulated by Sections 21.44.160, 21.44.170 and 21 -44.180 of this code: developed under Chapter 21.45, parking shall be regulated by the planned development permit: and (5) Multiple Family Projects - The location of vehicle (6) Planned Developments - For residential projects - (7) Administrative Hearins - Any person objecting to a decision made pursuant to Subsection (2) (111) above may request in writing within 10 days of the determination by the Land Use Planning Manager, an administrative hearing with the Director of Building and Planning. The Director of Building and Planning shal apply the criteria of this section in making his determination. The-decision of the Director shall be final unless the Directorls decision is appealed to the City Council within ten days following said decision. -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 I. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. EFFECTIVE DATE: This ordinance shall be effective thrity days -fter its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least 3nce in the Carlsbad Journal within fifteen days after its adopt ion. INTRODUCED AND FIRST READ at a regular meeting of the 1 Zarlsbad City Council held on the 21st day of mst 1984, by the following vote, to wit: PASSED, APPROVED, AND ADOPTED at a regular meeting of the 2ity Council of the City of Carlsbad, California, held on the 4th lay of september , 1984, by the following vote, to wit: AYES : Council wnbers Casler, Lewis, Kulchin and Prescott NOES: None ABSENT: None ABSTAIN: Council Mmkr Chick ITTEST : :SEAL) - g7 &,A MARY CAS ER, Mayor 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 2328 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL 21.44, BY THE AMENDMENT OF SUBSECTION 21.44.165 TO REGULATE THE PARKING OF VEHICLES IN THE FRONT YARD AND STREET YARD AREAS OF RESIDENTIAL LOTS. APPLICANT: CITY OF CARLSBAD CASE NO: ZCA-154 (A) OF A ZONE CODE AMENDMENT, AMENDING TITLE 21, CHAPTER WHEREAS, the Planning Commission did, on the 25th day of July, 1984, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Zone Code Amendment NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of ZCA-l54(A) , according to Exhibit "A", dated July 25, 1984, attached hereto and made a part hereof, based on the following findings: Findings: This zone code amendment is consistent with the general plan's intent of preserving the public's health, safety and welfare since it will ensure that private and recreational vehicles will not visually detract from the residential character of a neighborhood. This zone code amendment is consistent with the intent of the residential zones which is to allow residential uses and to not permit excessive storage of vehicles. This zone code amendment will permit the city to consider allowing recreational vehicles to be parked in the front yard area only when it can be determined that it is impossible to park in the side or rear yard without making substantial physical alterations to the existing residence or the property. ,. 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 This zone code amendment will clarify the provisions relating to the parking of different types of vehicles in the required front and street side yard areas. This zone code amendment will not cause any significant adverse impacts on the environment because a Negative Declaration was issued by the Land Use Planning Manager on July 11, 1984, and approved by the Planning Commission on July 25, 1984. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 25th day of July, 1984, by the following vote, to wit: AYES: Chairman Rombotis Marcus Farrow and McFadden. NOES : Commissioner Rawlins. ABSENT: Commissioner Smith. ABSTAIN: Commissioner Schlehuber. JERRY ROMBOTIS Chairman CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HOLZMILLER Land Use Planning Manager PC RES0 NO. 2328 -2- STAFF REPORT 0 DATE : JULY 25, 1984 TO : PLANNING COMMISSION FROM: LAND USE PLANNING OFFICE SUBJECT: ZCA-l54(A) - CITY OF CARLSBAD - Request to amend the Zoning Ordinance (Section 21 .44.165) regarding the parking of recreational vehicles in the front yard setback in residential zones . I. RECOMMENDATION It is recommended that the Planning Commission APPROVE the Negative Declaration issued by the Land Use Planning Manager and ADOPT Resolution No. 2328, recommending APPROVAL of ZCA-l54(A), on the findings contained therein. I1 . . BACKGROUND AND PROJECT DESCRIPTION In April of 1983, the City Council approved an amendment to the zoning ordinance which regulated the parking of vehicles in the front and street side yard in single family residential zones. Part of the amendment prohibited any recreational vehicles (R- VIS) from parking anywhere in a required front yard or street side yard setback. This particular provision has been the subject of considerable controversy since that time. Over six months ago, the City Council received a petition from the Carlsbad RV Owners Association requesting that the portion of the ordinance prohibiting recreational vehicles from parking in the front yard be amended. At the request of staff, the City Council decided to give the ordinance some additional time to be implemented and have staff bring back a status report which would also address problems associated with enforcing the ordinance. This requested report was brought back and reviewed by the Council on June 5, 1984. Since the ordinance went into effect one year ago, staff has received complaints involving 30 recreational vehicles parked in the front yard. Presently, two of these cases are still pending compliance. In addition, staff has received complaints involving 27 boats or trailers parked in the front yard with 4 cases still pending resolution. This does not mean that these are the only instances in the city where there may be non-compliance with the ordinance. Since this is being handled on a neighborhood complaint-basis at this time, there are probably numerous other instances in the city where the parking of a recreational vehicle may not comply with the provisions of the present ordinance. This is probably one of the primary reasons why the RV Owner's Association is so concerned about the impact of the ordinance on their members. . 7 It is staff's feeling that the ordinance is enforceable. The one major area where staff is having problems gaining compliance with the ordinance is in those cases where it is physically impossible to park an RV outside the front yard area without making structural changes to the existing residence or spending substantial amounts of money. Staff has met on several occasions with representatives of the RV Owner's Association and this also seems to be their major concern. The City Council discussed this concern when they reviewed the status report prepared by staff on June 5, 1984. The Council referred the matter to the Planning Commission for a public hearing to consider amending the ordinance to address this concern. 111. ANALYSIS This is a request to amend Section 21.44.165 of the zoning ordinance which regulates the parking of vehicles in the front yard setback area in single family residential zones. Per direction from the City Council, specific consideration is being given to amending the ordinance as it pertains to recreational vehicles. The existing ordinance prohibits any recreational vehicle (i.e., motorhome, trailer, boat) from being parked in the required front yard setback (usually an area 20 feet back from the front property line). The proposed amendment would allow recreational vehicles to be parked in the front yard area only when it is impossible to park in the side or rear yard without making substantial physical alterations to the existing residence or the property. A formal administrative hearing procedure would be created where the property owner would have the opportunity to present evidence justifying why it is physically impractical to move the recreational vehicle from the front yard. The items which staff would consider in reviewing a property owners request would include physical constraints, financial considerations and public safety factors. The proposed amendment also includes several other minor revisions to the present ordinance which are as follows: 1) Reformat the ordinance to separate the regulations as they relate to: A) passenger vehilces; B) recreational vehicles; C) inoperable vehicles: and D) heavy-duty commercial vehicles. One of the criticisms of the present ordinance is that the provisions for different types of vehicles are combined including dismantled inoperable vehicles which makes the ordinance confusing and places a negative image on RV's and other operable vehicles. 2) Add a provision which would allow a recreational vehicle to be used on a vacant lot by the property owner of the lot during the construction of a permanent residence but not to exceed a period of six months. -2- 8 3) Add a provision which clarifies that the regulations of this portion of the zoning ordinance do not pertain to multi- family or planned development projects which are governed by other sections of the zoning ordinance. Other than the items discussed above, all other provisions of the existing ordinance are proposed to be retained including the requirement that allows only a maximum of 30% of any required front yard setback to be paved and used for vehicle storage. The proposed ordinance amendment is attached as Exhibit "A" to Planning Commission Resolution No. 2328. The existing ordinance is attached as Exhibit "B". IV. ENVIRONMENTAL REVIEW The Land Use Planning Manager has determined that this ordinance amendment will not have a significant impact on the environment, and therefore, has issued a Negative Declaration on July 11, 1984. ATTACHMENTS 1. PC Resolution No. 2328, with attached Exhibit "A" dated, . July 25, 1984. 2. Exhibit "B" - Existing Ordinance MJH/ar 7/11/84 -3- 9 EXHIBIT "Bo EXISTING ORDINANCE A 21.44.165 Offsite-street parking--Residenital zones. In all residential zones the following parking regulations shall apply: (a) Standard lots: (1) No vehicles shall be parked in the required front yard except on a paved driveway or parking area which does not exceed thirty percent of the required front yard area or an area that is comprised of twenty-four feet of width extended from the property line to the front of the building, whichever is greater. (2) No trailer, travel trailer, camper, boat or recreational vehicle shall be parked in the front yard parking area for more than twenty-four hours. (3) Vehicles may be parked in any area of the lot other than the required front yard subject to the following restrictions: (A) Passenger vehicles including light-duty commercial vehicles used as a principal means of transportation for the occupant of the residence may be parked in other area of the lot; provided, that they are screened from view from the public right-of-way. Such vehicles may be parked without screening in a paved driveway or parking area which is an extension of the parking area permitted in subsection (a) ( 1 ) ; provided, that the paved driveway or parked area does not exceed the width of the area permitted in subsection (a) (1). boats, recreational vehicles or one passenger vehicle may be parked without screening only in side yard areas adjacent to the main structure on the lot or rear yards. Such vehicles may only be parked in front of the main structure if they are located outside the required front yard and screened from the public right-of-way. (1) No vehicles shall be parked in the required front yard or required street side yard except on a paved driveway or parking area which does not exceed thirty percent of the required yard area or an area that is comprised of twenty- four feet of width extended from the property to the front of the building, whichever is greater. (2) No trailer, travel trailer, camper, boat or recreational vehicle shall be parked in the front or side yard parking area for more than twenty-four hours. (3) Vehicles may be parked in any area of the lot other than the required front or side yard subject to the following restrictions: commercial vehicles used as a principal means of transportation for the occupant of the residence may be parked in any other area of the lot; provided, that they are screened from view from the public right-of-way. Such vehicles may be parked without screening in a paved driveway or parking area which is an extension of the parking area permitted in subsection (b) (1) ; provided, that the paved driveway or parking area does not exceed the width of the area permitted in subsection (b) (1). (B) Trailers, travel trailers, campers, (b) Corner and reverse corner lots: (A) Passenger vehicles including light-duty , (B) Trailers, travel trailers, campers, boats or recreational vehicles may be parked without screening only in the interior side yard areas adjacent to the main structure on the lot or rear yards. Such vehicles may only be parked in front of the main structure or on the street side yard area if they are located outside the required front yard or side yard and screened from the public right-of-way. (1) Storage or parking of inoperable, wrecked, dismantled or abandoned vehicles shall be regulated by Chapter 10.52 of this code; provided, however, that not more than two vehicles in any inoperable, wrecked or dismantled condition may be parked in the areas specified in this section for trailers, travel trailers, campers, boats, or recreational vehicles while said vehicles are being repaired or restored by the owner of the property. (2) No heavy-duty commercial vehicles as defined by Section 10.40.075 of this code shall be parked on any residential lot except while loading or unloading property; or when such vehicles parked in connection with or in aid of the performance of service to the property or adjacent property on which the vehicle is parked and in no event for more than six hours or such additional time as necessary to complete the loading, unloading or service. 21 -45, parking shall be regulated by the planned development permit. (Ord. 9668 SI, 1983). (c) All lots: . (d) For residential projects developed under Chapter Carlsbad Journal Decreed o Legal Newspaper by the Superior Court of Son Diego County 3 138 ROOSEVELT ST. 0 P.O. BOX 248 0 CARLSBAD, CA 92008 729-2345 Proof of Publication STATE OF CALIFORNIA, ss COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am principal clerk of the printer of the Carlsbad Journal a newspaper of general circulation, published twice weekly in the City of Carlsbad, County of Sun Diego, State of California, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established and published at regular intervals in the said City of Carlsbad, County of Sun Diego, State of California, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to; and that the notice of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: August 11 84 ................................. 19 .... NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Carls- bad will hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad. California. at 6:OO p.m. on Tuesday, August 21. 1984, to consider revisions to the Zoning Ordinance regarding recre- ational vehicles and parking in the front yard setback area throughout the City of Car!sbed. Applicant: City of Carlsbad CJ, S290: August 11.1984 ZCA-1WA) CARLSBAD CITY COUNCIL ................................. 19 .... ................................. 19 .... ................................. 19 .... ................................. 19 .... I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad County of San Diego, State of California on the 11th day of Auqus t 19 8 4 Cdrk of the Printer c - dOTICE OF PUBLIC HEARING i ZCA-154 (A) NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 6:OO P.M., on Tuesday, August 21, 1984, to consider revisions to the Zoning Ordinance regarding recreational vehicles and parking in the front yard. setback area throughout the City of Carlsbad. APPLICANT: City of Carlsbad PUBLISH : August 11, 1984 CARLSBAD CITY COUNCIL .. -. c A NOTICE OF PURLIC HEARIK; NOTICE IS -Y GIVEN that the Planning Carmission of the City of Carlsbad will hold a plblic hearing at the City Council Chanbers, 1200 Elm Avenue, Carlsbad, California, at 7:OO p.m. on Wednesday, July 25, 1984, to amsider revisions b the Zonirq Ordinance regarding recreational vehicles ard parking in the front yard setback area throughout the City of Carlsbad. Those persons wishing to speak m this praposal are oordially invited to attend the public hearing. Office at 438-5591 . If you have any questions please all the Land Use Planning CASE FILE: ZCA-154 (A) PUBLISH: July 14, 1984 APPLICANT: City of Carlsbad CITY OF CARtsBAD PLANNING OOMMISSION