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HomeMy WebLinkAbout2009-07-21; City Council; 19909; Appeal of TSC decision parking on Paseo DescansoCITY OF CARLSBAD - AGENDA BILL AB# 19,909 MTG. 7/21/09 DEPT. ENG DENY THE APPEAL AND UPHOLD THE TRAFFIC SAFETY COMMISSION RECOMMENDATION TO NOT IMPLEMENT A PARKING RESTRICTION AT NIGHT ON PASEO DESCANSO DEPT. HEAD p-f^ CITY ATTY. fjrf CITY MGR. /. RECOMMENDED ACTION: The Traffic Safety Commission and staff recommend that the appeal of the Commission recommendation to not establish a no parking zone at night on Paseo Descanso be denied. ITEM EXPLANATION: At their meeting of June 1, 2009, the Traffic Safety Commission considered the request of Brian Fennel, 6302 Paseo Descanso, to establish no parking at night on Paseo Descanso. By a 3-0-1 vote, the Commission recommended denial of the request. Mr. Fennel subsequently appealed the decision of the Traffic Safety Commission to the City Council. The appeal form (attached) with photographs included, was filed in the City Clerk's office in a timely manner. Paseo Descanso is a short residential street about 0.25 miles in length between Carrillo Way and Paseo Cerro. It has 19 single-family homes adjacent to the easterly side and three single- family homes located on the westerly side of the street. Parking is allowed on both sides of this 40-foot wide residential street. Paseo Descanso is located south of Carrillo Way and easterly of Melrose Drive as shown on Exhibit 1. Mr. Fennel has expressed concern when drivers from the Cascada Condominiums park their vehicles on Paseo Descanso. The Cascada Condominiums are located immediately north of Paseo Descanso on a private street. The Traffic Safety Commission considered the information provided by Mr. Fennel and the public comments at the June 1, 2009 meeting, both for and against the requested parking restriction at night. Each of the written concerns presented by Mr. Fennel were discussed in detail by the City Engineer, Lt. Rawson of the Carlsbad Police Department, and the City of Carlsbad Storm Water Protection Manager and are reflected in the attached meeting minutes. The concerns addressed by staff at the Commission meeting included: trash/partying/noise on Paseo Descanso oil dripping from parked vehicles turning difficulties from Carrillo Way to Paseo Descanso due to parked vehicles restricted visibility on Paseo Descanso due to on-street parking parking in the intersection vandalism vehicles for sale parking near trail access DEPARTMENT CONTACT: Robert T. Johnson, Jr. 760-602-2752 bob.iohnson@.carlsbadca.aov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED a n aaa CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF SHER - SEE MINUTES uncil granted the .appeal. D D D D Page 2 The Commission was informed that prior to the June 1, 2009 meeting, staff received telephone calls from three Paseo Descanso residents that objected to a parking restriction at night. Staff also informed the Commission that a similar complaint initiated by Mr. Fennel was investigated about one year ago. At that time, a staff decision was made to not restrict parking at night on Paseo Descanso as there were no traffic engineering reasons found to support a parking restriction. After listening to two residents speak in support of a parking restriction at night and one resident that was against a parking restriction, evaluating the written information presented, including a letter from the Rancho Carrillo HOA received at the Commission meeting in support of the parking restriction, and listening to the testimony of staff, the majority of the Traffic Safety Commission could not find a reason to establish no parking at night on Paseo Descanso. Commissioner Gumming suggested that this matter was best addressed by the City Council and he abstained from voting for or against the request. The Traffic Safety Commission recommended by a 3-0-1 vote: • Deny the request to establish no parking at night on Paseo Descanso. • Paint 30 feet of red curb on the west side of Paseo Descanso beginning at the curb return. • Paint red curb at the fire hydrant at 6302 Paseo Descanso. • Stripe 50 feet of double yellow centerline on Paseo Descanso approaching Carrillo Way. FISCAL IMPACT: No fiscal impact if the appeal is denied by the City Council. ENVIRONMENTAL IMPACT: The action being considered by the City Council is not considered a project pursuant to section 15378 of CEQA and, therefore, is exempt and not subject to environmental review. EXHIBITS: 1. Location Map 2. Appeal Form submitted by Brian Fennel to the City Clerk on June 9, 2009. 3. Minutes from the June 1, 2009 Traffic Safety Commission meeting. LOCATION MAP NOT TO SCALED CASCADA CONDOMINIUMS PASEO DESCANSO EXHIBIT 1 Citv of Carlsbad Office of the City Clerk APPEAL FORM id: J"<J*JP 4-j £ OG&( Iu u EGSEEQWIE ,|IIN - 9 ?009 CITY OF CARLSBADCITY CLERK'S OFFICE n\ yI (We) appeal the decision of the to the Carlsbad City Council. Date of Decision you are appealing: Subject of Appeal: BE SPECIFIC Examples: if the action is a City Engineer's Decision, please say so. If a project has multiple elements, (such as a General Plan Amendment, Negative Declaration, Specific Plan, etc.) please list them all. If you only want to appeal a part of the whole action, please state that here. We are appealing the decision of the City Engineer's (TSCC) recommendation to the Traffic Commission at the June 1st, 2009 meeting. A petition signed by 41 residents of the 46 homes in the Maravilla development of Rancho Carrillo, Carlsbad, CA requested "No Parking from 2:00am to 5:00am" be posted on both sides of Paseo Descanso from the intersection of Carrillo Way to the intersection of Paseo Cerro. We also requested red curbs be painted in front of a fire hydrant on the east corner of Paseo Descanso and on the opposite west corner for 30 feet to keep the intersection clear for emergency vehicles and safe cornering. The City Engineer (TSCC) recommended to the Traffic Commission that the red curbs be approved but the "no overnight parking" request on Paseo Descanso be denied. We are appealing that specific denial recommendation. Reason(s) for Appeal: • Please Note • Failure to specify a reason may result in denial of the appeal, and you will be limited to the grounds stated here when presenting your appeal. BE SPECIFIC How did the decision maker err? What about the decision is inconsistent with state or local laws, plans, or policy? The TSCC was given as much time as needed (approx. 25 min) to present their side, while residents were given 5 minutes to present our viewpoint. The TSCC focused on dissenting comments from three residents received via phone calls that day and the City Engineer did not speak with any of the 41 in favor of the proposal at any time in the investigation. TSCC claimed he made 21 visits to the neighborhood in the 27 working days between the date our petition was submitted and the date of the hearing but could only show photographic evidence of one visit to the streets in question. Those pictures were taken at mid-day and our issue is with parking at NIGHT. No pictures were presented by the TSCC, nor were any comments made, verifying they visited the neighborhood at night - and to make a judgment on incomplete information is undeserving. Our concern with the condo resident parking limiting the public's access to City trails was misrepresented as not affecting a trail entrance in another part of the neighborhood. The concern over street and storm drain pollution impact was insufficiently addressed - and no pictures or written data was given to support their conclusion. Finally, our petition and request is consistent with the City policy as shown in ordinances NS-884, and NS-886 which were approved in April of 2008. The TSCC's recommendation is inconsistent with these. PHONE NO.SIGNATURE 7 NAME (please print)rint) ft/*** DATE ' / ADDRESS: Street Name & Number State,City,Zip Code Parking Resolution Needed Maravilla Village Rancho Carrillo Development Carlsbad, CA Precedence: NS-884 passed on April 8, 2008 NS-886 passed on April 22, 2008 A Map of the Affected Streets History The Beginning > Cascada is an upscale condominium development of 64 units. > Each unit has a two car garage assigned to it. > Owners/tenants are required to park in garages. > There is adequate curb space to hold overflow and guest parking. What Happened? More people are living in the Cascadas than what it was designed for, and the vehicles outnumber the garage spaces. Cascada painted their curbs red to prevent parking outside of their garages, late 2007. Overflow parking went to Carrillo Way. Traffic hazard from cars blocking visibility followed. City of Carlsbad posted "No Parking Anytime" signs on Carrillo Way. Overflow diverted to Paseo Descanso and Paseo Privado January 2009, City posted "No Parking Anytime" signs on Paseo Privado The overflow parking on Paseo Privado diverted to Paseo Descanso adding to the cars already parking on Paseo Descanso. Carrillo Way Carrillo Way is wider than Paseo Descanso yet "No Parking" signs were installedo o because it was deemed too narrow to have cars parked along both sides. NO ANY TIME Today Cascada single units are increasingly being rented out to multiple families. Cars per unit are exceeding garage capacity. Cascada HOA has further reduced available curb space by designating 40% of spaces for "Guests". Tenants are being told to park on Paseo Descanso by Cascada HOA President. Yet they have adequate parking spaces not being used. Both pictures taken same date and time Both pictures taken same day, same time Why should they park here... When there's plenty of room here, where they live?! Parking on West side of Paseo Descanso Paseo Privado How We Are Impacted Safety —Younger, transient tenants are partying on our street. Noise late at night Trash Oil dripping from poorly maintained vehicles, runs off into storm drains Look how black this water is following a rain shower! .«H Due to cars parked close to intersection, vehicles (like this UPS truck) are forced out into the oncoming traffic lane. Restricted visibility Parking into the intersection Vandalism Cars For Sale Vandalism - Breaking & Entering Attracting crime to the area Fresh rainfall creates black water run-off into storm drains from car oils. Parking near access to City Trails is compromised June 1, 2009 Traffic Safety Commission Meeting Page 2 Isr ORAL COMMUNICATIONS: None. ITEM 5 - PREVIOUS BUSINESS: Robert Johnson, City Engineei^EeptJrted that based on a previous ac!lC»andrecommendation by the Traffic Safety ConmtisskJfvthe City Council introduced an ordinance to revise"The^2rima facie speed on Poinsettja-feafiefrom Paseo del Norte to Cassia Road, and will consider adoptingtri&^ecdjfiance tonie«t>wnight at the City Council meeting to establish the speed limit at 50 miles per hour. ITEM 6 - NEW BUSINESS: ITEM 6A: Paseo Descanso, Carrillo Way to Paseo Cerro - Request to restrict parking at night. Mr. Johnson stated this item is a request to restrict parking at night on Paseo Descanso from Carrillo Way to Paseo Cerro. It was initiated by Brian Fennel who resides at 6302 Paseo Descanso. Referring to Exhibit 1, Mr. Johnson stated there are 22 homes in the subject area, 19 on the easterly side and 3 homes on the westerly side. A petition was submitted and signed by 41 residents on and near the location where no overnight parking is requested. Eleven residents signed in favor of a parking restriction at night and two residents indicated they were not in favor of a parking restriction. There were 22 residents on Paseo Cerro that signed the petition and 4 residents that reside on Rancho Montana also signed the petition. Two residents south of the subject area signed the petition. For the record, Frank Farella at 6334 Paseo Descanso, Sobia Usmani at 6342 Paseo Descanso, and Steven Halme at 6330 Paseo Descanso telephoned and indicated they were in opposition to the parking restrictions at night. Just prior to the meeting, he received a letter from Robert Woelffer, President of Rancho Carrillo HOA indicating he was unable to be present at today's Traffic Safety Commission meeting, but the HOA supports the proposed no parking overnight proposal on Paseo Descanso. In addition to the request for a parking restriction at night, there is a request to have a red curb painted on Paseo Descanso at the Carrillo Way intersection. Mr. Johnson stated that Paseo Descanso is a residential street and has a curb to curb width of 40 feet, which is common on most residential streets in Carlsbad. Parking is allowed on both sides of Paseo Descanso. Mr. Fennel's concerns are that residents, visitors, and guests from the Cascada condominiums are parking on Paseo Descanso just south of Carrillo Way. Mr. Fennel mentioned that this results in turning difficulties from Carrillo Way to southbound Paseo Descanso, and the parked vehicles restrict visibility on the road itself. Some other concerns that staff summarized from letters and petitions received are (1) trash/partying/noise on Paseo Descanso, (2) oil dripping from vehicles, (3) difficulty turning from eastbound Carrillo Way to southbound Paseo Descanso due to parked vehicles, (4) restricted visibility when vehicles park on both sides of Paseo Descanso, (5) parking in •27 June 1,2009 Traffic Safety Commission Meeting Page 3 the intersection, (6) vandalism, (7) cars for sale, and (8) parking near access to city trails is compromised. Mr. Fennel expressed the same concerns about one year ago and staff conducted a study of on-street parking on Paseo Descanso to assess the situation. A total of 27 different observations were made and observations were conducted on each day of the week at different times. There were no traffic and engineering problems observed that would result in a traffic engineering solution to the concerns expressed. At that time, staff could not support the request for a parking restriction at night. Mr. Fennel sent a letter dated January 28,2009 to the City Manager with the request that because of parking problems of vehicles from the condominiums that there be a restriction at night. The Rancho Carrillo Master Association also sent a letter to the City Manager dated April 8,2009 indicating the steps that they have taken to deal with the parking issues from vehicles from the condominiums. Mr. Johnson explained in response to the petition staff received in April 2009, staff again initiated a monitoring study of parked vehicles on Paseo Descanso. Observations were conducted 21 times on different days and times and again, there were no traffic engineering issues or problems observed that resulted from parked vehicles. As with the previous monitoring, the largest number of vehicles were generally parked on the west side of Paseo Descanso near Carrillo Way. The most current monitoring revealed that the total number of vehicles parked on the west side of Paseo Descanso from Carrillo Way to across from the residence at 6314 Paseo Descanso ranged from one to seven. During the 21 observations, vehicles were observed parking on the west side of Paseo Descanso 21 times and on the east side of Paseo Descanso 14 times. The issue of C.C. & R.'s and whether vehicles should be parked on a private street in the Rancho Carrillo area is something that the HOA needs to address. The City of Carlsbad does not enforce the C.C. & R.'s for homeowners' associations at any location in the City. If the residents or visitors of the condominiums choose not to park in the condominium complex and park on a public street, the City does not get involved since the residents have a right to legally park on a public street as long as they do so in a legal manner and the vehicle is street legal. Mr. Johnson addressed in more detail some of the concerns of Mr. Fennel's petition. Regarding the difficulty turning from eastbound Carrillo Way to southbound Paseo Descanso due to parked vehicles, Paseo Descanso is a 40-foot wide street that can accommodate vehicles turning from the cross street to the residential street. Regarding parking in the intersection at Carrillo Way and Paseo Descanso, staff did not observe vehicles parked in the intersection, which would be a violation if it took place. With respect to vandalism, there were one or two photos submitted by Mr. Fennel showing vandalism to a vehicle. In Carlsbad, vehicles are allowed to park on the street with a For Sale sign provided that the vehicle is legally parked and the sign is legally affixed to the vehicle and in compliance with City codes. Staff did not find parked vehicles near access to City trails to be a violation. There were some police issues regarding trash, partying, and noise indicated in the petition that Lt. Rawson, Carlsbad Police Department, will address. June 1, 2009 Traffic Safety Commission Meeting Page 4 Lt. Rawson informed the Commission that the Police Department did a search for calls for service for this area from January 1,2008 through May 14,2009. During these 16-1/2 months, the search generated 17 total calls, about one call per month. However, those calls included a couple of 911 hang-ups and some medical assist calls for the fire department. Of the 17 total calls, only 6 were related to parking. Of the issue of trash/partying/noise, there was one noise complaint where a car alarm went off. There were a couple of suspicious people. One was a guy in a car, but by the tune the police got there, he was gone. Another one was a woman wanting to kick her child out of the house. Lt. Rawson mentioned from his perspective six calls are too many, but compared to other areas of the City, it is not considered excessive. Mr. Johnson stated that the last issue, which is oil dripping from parked vehicles, would be addressed by Elaine Lukey, Storm Water Manager. Ms. Lukey indicated that the City has pollution requirements to prevent pollution getting into the creeks and ocean. One of those requirements is that the City manages a public hotline that has to respond to complaints of illegal discharges. In any given year, they field more than 500 calls and over the last three years, between 100-250 of those calls have been related to actual illegal discharges. Some of the calls they receive are referred to other City departments. Those calls also include vehicles parked on the street that are leaking automotive fluids of some kind. In the last few years, approximately 10% have been related to leaking vehicles. They routinely respond to the complaints and investigate each of the complaints they receive. Secondly, their standard procedure is for City staff to investigate on-site for evidence related a specific vehicle that may be leaking. They often work the Police Department to find information related to the registered owner of the vehicle. Often times the vehicle owner may or may not be residing nearby and may or may not be a property owner nearby. Ms. Lukey explained in the neighborhood being discussed today, there is a record of two investigations in the last one year. In February 2009, they did not receive a specific call or complaint, but they did receive the informative photos submitted by Mr. Fennel. Therefore, they instigated their own complaint investigation. They had some staff on site at two different times, similar to what Mr. Johnson mentioned, different days of the week at different times of the day, and did not find any leaking vehicles, so they closed the complaint. The second complaint was in May 2008 in which they found four vehicles that were suspected to be leaking on the street. That investigation was closed in Jury 2008 after all four vehicles had been removed or had been repaired. Prior to closing the investigation, they did an educational mailer to 151 residents hi that neighborhood, including the multifamily residents. The educational information included information on storm water and pollution prevention that the Carlsbad Municipal Code allows and disallows. In summary, the storm water staff is very responsive to all complaints that they receive through ilie storm water hotline, as well as through e-mail or informational photos they receive, and they will continue to respond to those in the future. She suggested the public provide specific vehicle information in order to make the program most successful when they follow-up and look for evidence. June 1, 2009 Traffic Safety Commission Meeting Page 5 Concluding, Mr. Johnson indicated that the Traffic Safety Coordinating Committee, a staff committee, recommends (1) the request for a parking restriction at night on Paseo Descanso from Carrillo Way to Paseo Cerro be denied; (2) 30 feet of curb be painted red on the west side of Paseo Descanso beginning at the curb return; (3) at the location of the fire hydrant at 6302 Paseo Descanso the curb be painted red; and (4) 50 feet of double yellow centerline striping be installed on Paseo Descanso approaching Carrillo Way. DISCUSSION: Commissioner Roney asked if Via Puerta is a private street. Mr. Johnson stated that Via Puerta was a private street serving the condominiums. Paseo Privado is also a private street. In this area, the public streets are Melrose Drive, a portion of Carrillo Way, and Paseo Descanso, Paseo Cerro, and Rancho Montana. Commissioner Ronev asked if the HOA's are all the same. Chair Cress answered that he believed there was a separate HOA for Cascada, Montevina, and the Master HOA Rancho Carrillo. Commissioner Roney stated the problem appears to be over-crowding. When the condominiums were approved, did they meet parking standards? Mr. Johnson stated the request was initiated because vehicles that would otherwise park in the condominium complex were parking along the west side of Paseo Descanso. Commissioner Roney asked if the condominium met parking standards within the complex. Mr. Johnson explained anytime a multi-family project is submitted for City approval they have to meet the parking standards. This condominium complex met those standards. Issues do arise after particular multi-family apartments or condominiums are built. There may be more people in the unit than was anticipated and therefore more cars. Residents may have parties, people come to visit and there is not sufficient parking for them, so they would spill over and park on the public street. There is no way for the Planning Department or Engineering Department to anticipate on any one day what the need would be. So long as the project meets the parking standard, then the project is moved forward for approval. -$0 June 1,2009 Traffic Safety Commission Meeting Page 6 Commissioner Roney mentioned that it appeared the condominium had painted their own curbs red. Mr. Johnson stated that would then be a code enforcement violation that staff would have to look into if available parking were removed. Vice-Chair Gumming asked if staff confirmed that occupancy in the condominiums is in accordance to City standards. Mr. Johnson replied that was not something the City has done and it is not in their jurisdiction to check occupancies of dwelling units. Vice-Chair Gumming asked if the occupancy was exceeding what was originally anticipated, is there an enforcement mechanism or compliance issue involved? Mr. Johnson answered there was not an efficient mechanism. The City Attorney has previously advised that it is not something staff can get involved in. If someone wants to move in and bring their elderly parents or grandparents or others that is entirely up to them and management of units how they handle that. Vice-Chair Gumming indicated that he noticed that the streets within the Cascada Development after the curve narrows considerably. When a developer builds internal streets, do they conform to City width standards or is the developer free to just conform to driveways? How does that work? Mr. Johnson indicated that when there are multi-family condominiums or apartments, the PUD has a different set of standards but are basically designed and constructed to public street standards. There is some latitude hi how they are built. The proposal has to be reviewed by the Planning and Engineering Departments before the project can be moved forward to the Planning Commission and ultimately to City Council for approval. Vice-Chair Gumming observed that the condominiums painted one side of the street for No Parking and therefore leaves very little room for parking spaces. There are so many curb cuts that are limited. Is the off-street parking fully utilized and it is all spill-over parking on the public streets? June 1, 2009 Traffic Safety Commission Meeting Page 7 Mr. Johnson explained that the off-street parking in the condominium would be for the guests or visitors. The red curb may have been a requirement of the entire complex. Staff did not investigate the Cascada parking situation. They looked at the vehicles being parked on Paseo Descanso. Chair Cress noticed there was a pick-up truck that was parked on Paseo Descanso that was protruding into the intersection almost even with Carrillo Way. He could understand if there were 6 or 7 vehicles along the west side of Paseo Descanso. It also appears to him that the Cascada Condos have painted No Parking areas, which is great for them. It makes the area look nice. It stops a lot of parking. It appears they are the cause of the people parking Paseo Descanso. That appears to him to be the problem. He wants to hear from the public speakers whether Rancho Carrillo HO A has any authority over the other HOA's and putting pressure on them to change their striping on the curbs. Does the Rancho Carrillo HOA have jurisdiction over the other homeowner associations? He understood all three are a part of the Rancho Carrillo Master Association. Mr. Johnson replied that his understanding is the Master Association, which is the overall umbrella of all of the individual HOA's, would have governance over each one of the HOA's, and each individual HOA has their own rules and C.C. & R.'s. Chair Cress asked for clarification if the Rancho Carrillo HOA were to review the Cascada parking situation, could they could take action to tell them to eliminate some of the red curbing in that area? Mr. Johnson said if the red curbing was done illegally or was not in compliance with the approved plans, then they could take action. Vice-Chair Gumming asked if fire access was adequate since the streets were very narrow. Mr. Johnson indicated the Fire Department would be very concerned about removing red curbs if it was a fire lane requirement. When a project gets approved, in the conditions of approval, the Fire Department has their conditions for where there has to be red curbs and fire lane signs installed. Public Testimony: Chair Cress called for Public Testimony. Brian Fennel, 63 02 Paseo Descanso, thanked the City for the thoroughness they took in investigating all of the issues. Using a Power Point presentation, he indicated the affected streets where parking is June 1,2009 Traffic Safety Commission Meeting Page 8 an issue in their neighborhood. He showed the area by the trails and said the trail of their concern is not on Paseo Descanso. On Carrillo Way, parking was banned after they moved in and that eliminated one of the avenues where the condominiums could have parked on. They are concerned about rainfall run-off, too. He showed pictures where 12 cars were parked on the street and none of them were residents in their neighborhood. He showed the condominium area where there were red curbs painted and where vehicles could park. However, they do not use the available spaces within the grounds; rather they park on the public street and use it as a junk yard for their cars. The cars park into the intersection. When UPS comes, they go well into the middle of the road to get around that corner. They come across the street and park in front of their houses even when they have ample parking in their own neighborhood. They are single units and the cars are exceeding the garage capacity. Thirty percent of the curb spaces are for guests. The tenants are being told directly to park on of their street. Mr. Fennel felt it is a quality of life issue; it's a safety issue on the road. From a technicality standpoint, other neighborhoods in similar situations discourage the same kind of push back from the City side of things. 41 homeowners signed the petition even though only 22 live on the street. This is a concern that this is a problem created by a condominium development. They are taking advantage of the City and the law. They aren't asking to eliminate public parking during normal waking hours of 6:00 a.m. to 2:00 a.m. By having no overnight parking, they feel they are going to redirect the behavior of condominiums to address their own problems and keep the residents in areas where they residing. They are asking for a favorable ruling on posting No Overnight Parking signs on Paseo Descanso. Larry White, 6326 Paseo Descanso, thanked everyone for doing such a great job on defining the issue. He felt he was in a little bit of opposition to most of the people here because he feels that banning overnight parking would restrict the rights of citizens that live on the street. Quite a few of them had called hi and stated their case. He has spoken to others that did sign the petition, but they thought it was only for one side of the street. Some thought it was only for the first 75 or 80 feet going up the street. They could come up with an alternative. Mr. Fennel was just showing Paseo Descanso. Why couldn't Carrillo Way be opened up for parking, thereby allowing those people to park over there? Carrillo Way is actually wider than their street. It is wider than 40 feet. He believes that if the vast majority of people up and down the street really understood that this means they cannot have an overnight event like Christmas or Thanksgiving and have their 3 or 4 extra bedrooms that they paid for filled up with their friends and families because they can't park on the street that they would be very put out by that. Their homeowners association is in the middle of trying to restrict people from parking in their driveways. So it would be even more of a problem for those of them who would like to be able to enjoy their homes and their street. Seeing no others wishing to testify, Chair Cress closed Public Testimony. June 1,2009 Traffic Safety Commission Meeting Page 9 DISCUSSION: Chair Cress asked Mr. Johnson to address the problem of having no parking on Carrillo Way. Is there any reason why there is no parking on the whole distance of Carrillo Way? Mr. Johnson explained that the portion of Carrillo Way is a short collector road segment from Melrose Drive to Paseo Descanso. At the intersection there are two lanes, a left turn lane and a through right lane. There is also a painted median on the roadway and then one eastbound lane from Melrose Drive. There are approximately 1,300 vehicles per day using that road and it would become a sight visibility issue on Paseo Descanso, a lower volume, low speed residential road. The same issues would result on Carrillo Way with the larger volume of vehicles and parked vehicle doors being opened. It would not be a recommended action. Commissioner Roney asked if there was a code violation for parking. Is there some way to research the issue for the Cascada condominiums? Mr. Johnson replied that the code enforcement would be looking into any code violations if there were a complaint made to the City of Carlsbad Code Enforcement Office. They would go out to investigate the number of off-street parking. They would compare that to what's required and then they would have the appropriate discussions with management of the condominiums if it was not hi line with what was approved. Vice-Chair Gumming complimented both the neighborhood participants and staff for their very professional presentations. The precedent of Celinda Drive comes into play where there was a direct appeal to the City Council. Sometimes the City Council chooses to act as both its own Traffic Safety Coordinating Committee and its own Traffic Safety Commission. He felt the core issue was an equity issue between people who have the fortune or misfortune to live on a public street versus their adjacent neighbors who have private streets that are subject to a slightly different set of rules. That makes it complex and he therefore felt it should be expedited to the City Council. Vice-Chair Gumming said his understanding is that if the Commission adopted the recommendation today, there is no City Council action required. For that reason, if for no other, he would like to make a motion that they adopt the same language as the recommendation, except instead of the words "be denied" it say "be approved." By saying "be approved" that takes the issue to the City Council. The details of what might meet the needs of this neighborhood should be explored. He felt this issue deserved to be reviewed by the elected officials. Therefore, he recommends a resolution that the Commission adopt the recommendation as written with the exception that it say "be approved" rather than denied. June 1, 2009 Traffic Safety Commission Meeting Page 10 Commissioner Roney asked for clarification of Vice-Chair Gumming's comments. Vice-Chair Gumming reiterated that public streets should be public and open to the public. Anyone who is going to make use of a public street for parking should be allowed to park and there should not be discrimination against the residents of the Cascada condominiums merely because they happen to live in a multi-family dwelling. On the other hand, we do have the precedent of Celinda Drive. As he understands it, if the Commission adopts the recommendation, which is that the request for the restriction be denied, then no City Council action is required. It is his desire that this should go before the City Council so that they have a chance to decide one way or the other. Therefore, he is suggesting that in addition to the three lower bullet points they modify the first bullet point to recommend that the request for a parking restriction at night on Paseo Descanso from Carrillo Way to Paseo Cerro be approved. That would take it to the City Council. Mr. Johnson stated any recommendation of the Commission can be appealed to the City Council. Regardless of how the Commission decides today, it can be appealed to City Council. Any time the Commission takes action on any item, if the public that initiated that item doesn't like the recommendation, they can appeal to City Council. Chair Cress stated he was going to make the same point, that if we take action on the conclusions and recommendations of the TSCC, that Mr. Fennel has the option of taking it further to the City Council and presenting their case. Vice-Chair Gumming asked for clarification. It was his understanding that in the Celinda Drive situation there is a procedure where one can go directly to the City Council and bypass both staff and Commission, and that was followed for Celinda Drive. Did he understand that correctly? Mr. Johnson replied that City Council has a policy whereby any citizen can write a letter to the City Manager and request to be on an agenda of the City Council. The City Council at that time has several choices, one of which is to direct the matter back to staff for investigation, or they can ask that the matter come back to the City Council for action, or they can simply say thank you for the information and do nothing with it. So yes, there is a procedure to go directly to the City Council. For most of the items that the Commission hears, staff receives a letter. Staff investigates it and as appropriate, it comes before the Traffic Safety Commission for recommendation. Depending on what the recommendation is, again that recommendation can be appealed to City Council. Quite often once the Commission makes a recommendation that is as far as it goes. Chair Cress expressed that one of the things that bothered him was the letter from the Rancho Carrillo HO A. It summarized that "we are all hopeful that restricting overnight parking on Paseo June 1,2009 Traffic Safety Commission Meeting Page 11 Descanso will force these last cars to get an assigned parking space within Cascada." It looks like they are asking the City to do then" work. They want the City to put up No Parking signs and then force the Cascada HOA to relook into their restricted parking. He thinks they are abdicating their responsibilities in trying to put it off on the City and have the City put on some limited parking in. His own personal opinion is parking is at premium in the City of Carlsbad to begin with, and he'd hate to see it restricted any more than is absolutely necessary. He felt the residents who came to today's meeting needed to go back to the Rancho Carrillo HOA and get them to rescind the parking restrictions that are in Cascada now and get them to open up the parking places, eliminate some of those guest parking spots, and make them for homeowners. Commissioner Roney said regarding code violation, who would actually instigate that? Would someone have to contact Mr. Johnson or the Police Department? Mr. Johnson clarified that he was the City Engineer and worked in the Engineering Department. A resident would contact the City's Code Enforcement Department. MOTION: ACTION: Motion by Vice-Chair Cummmg that the request for a parking restriction at night on Paseo Descanso from Carrillo Way to Paseo Cerro be approved and the remaining bullet items remain the same. There was no second, so the motion died for the lack of a second. MOTION: ACTION: Motion by Commissioner Roney, and duly seconded by Commissioner Valderrama, that the request for a parking restriction at night on Paseo Descanso from Carrillo Way to Paseo Cerro be denied; 30 feet of curb be painted red on the west side of Paseo Descanso beginning at the curb return; at the location of the fire hydrant at 6302 Paseo Descanso the curb be painted red; and 50 feet of double yellow centerline striping be installed on Paseo Descanso approaching Carrillo Way. From the audience, Janelle Fennel, 6302 Paseo Descanso, interrupted before the vote was taken and wanted to add her thoughts before the Commission continued. Chair Cress asked her to go to the microphone. She stated that in February 2007 a person in the condo took a board position and one of the things she wanted was to restrict parking within the condos. She wanted the residents to use their garages more, but they can't go door to door and ask the residents to open then' garages and put their cars in. She felt it was starting to look like an apartment complex in there. They hired a service to start patrolling their area at night and restrict it after they painted the red curbs. The people who used to park in there could no longer park there. So they started parking on Carrillo Way. People from June 1, 2009 Traffic Safety Commission Meeting Page 12 Miravena and Montavena started complaining. That is when the City came out and in one day's time put up No Parking signs with no notice and literally ticketed cars that same day. Then they started parking on Paseo Privado which is the private street into Montavena. At the time, however, nobody knew it was private. That was the thing that went through the City, through the homeowners - it was a long ordeal to finally get up those signs that said No Parking there. That threw everybody onto Paseo Descanso. These cars from the condos keep moving from the condos. When they bought their homes, these people parked in the complex. Then it went from the condos to Carrillo Way, Carrillo Way to Paseo Privado, and now Paseo Privado to Paseo Descanso. They are fine with residents with guests/visitors, parties at the condos on a public street. That's fine. What they are trying to avoid is people who live there that don't park within their development. That's why she thinks Bob Woelffer wrote that comment at the end of his letter. After all of the attempts that they've made, going back and forth, they just want them to park where they should if they live there. Vice-Chair Gumming asked Lt. Rawson if he'd like to comment on the enforcement there. Lt. Rawson stated he had no knowledge of that enforcement. Chair Cress returned to the Motion on the floor and called for a vote: MOTION: ACTION: Motion by Commissioner Roney, and duly seconded by Commissioner Valderrama, that the request for a parking restriction at night on Paseo Descanso from Carrillo Way to Paseo Cerro be denied; 30 feet of curb be painted red on the west side of Paseo Descanso beginning at the curb return; at the location of the fire hydrant at 6302 Paseo Descanso the curb be painted red; and 50 feet of double yellow centerline striping be installed on Paseo Descanso approaching Carrillo Way. VOTE: 3-0-1 AYES: Cress, Roney, Valderrama NOES: None ABSTAIN: Cumming ITEM 7: REPORT FROM TRAFFIC SAFETY COMMISSIONERS None. 37 June 1,2009 Traffic Safety Commission Meeting Page 13 ITEM 8: REPORT FROM TRAFFIC ENGINEER Mr. Johnson informed the Commission that the next regularly scheduled Traffic Safety Commission meeting would be held on July 6,2009 at 3:00 p.m. in the City Council Chambers. Chair Cress asked Mr. Fennel if he had any questions. Mr. Fennel asked about their next course of action. It sounds like they can still take this to City Council. What avenue do they go through to do that? Mr. Johnson replied that any appeal of the Traffic Safety Commission is filed at the City Clerk's office. Then it will be scheduled for a future City Council meeting. Chair Cress told him to contact Lorraine Wood, City Clerk, across the way and talk to her or one of her staff to appeal the decision of the Traffic Safety Commission to the City Council. Mr. Fennel wanted to know where the Code Enforcement Office was. Mr. Johnson stated the Code Enforcement Office was at 1635 Faraday Avenue in Carlsbad. Mr. Fennel asked if he should contact Code Enforcement by letter or show up in person and ask for somebody. Mr. Johnson stated either way was fine. They could make a phone call or drop in and talk to someone. Mike Peterson would be good to start with as a contact. ADJOURNMENT: By proper motion, Chair Cress adjourned the Regular Meeting of June 1,2009 at 4:07 p.m. Respectfully submitted, Ruth Woodbeck Minutes Clerk Lisa Hildabrand From: Bob Johnson All Receive-Agenda Item #Sent: Monday, July 20,2009 7:25 AM ff— To: Lisa Hildabrand; Marilyn Strong; Kimberly Dillinger For the Information of the; Subject: FW: Paseo Descanso parking issue CITY COUNCILAsst. ~ Lisa, I received the following e-mail over the weekend. From: Andre Guerrero [mailto:andre_guerrero@yahoo.com] Sent: Sunday, July 19, 2009 8:54 PM To: Bob Johnson; mpackard@ci.carlsbad.us Cc: jfblondie@sbcglobal.net Subject: Paseo Descanso parking issue Dear Mr Johnson and Packard, We reside at 6382 Paseo Descanso and I am writing to you in regards to the Proposal Mr. Brian Fennel will be presenting before the Carlsbad City Council Tuesday July 21st. Every time I turn the corner into our development I see such an eyesore, not to mention the danger, presented with all the parked cars. As one of the owners of the upper part of Paseo Descanso, I am surprised to think that anyone along our street would oppose this proposal as these parked cars have come from outside our development and pose a threat to the safety of our children, as often there are strange individuals sitting in these cars. Paseo Descanso has a total of 22 homes. I understand there are three homes currently opposing the proposal and have come to find out they do not have young children. We are not able to attend the City Council Meeting Tuesday night, but we are in agreement with Mr. Fennel's proposal. We are counting on our City to restore the safety and well being of our neighborhood. Thank you, Andre and Laura Guerrero All Receive - Agenda Item #13 Andrea UyKBS For Infdrmation of From: Sent: To: Subject: lkw@att.net Wednesday, July 15, 2009 12:10 PM Council Internet Email CITY OF CARLSBAD | CONTACT US THE CITY COUNCIL foCMv" CA v* CC i*-** Date />•* * From CM AsS~CM A visitor to the City of Carlsbad Web site has completed and posted the "Contact Us" form to department, City Council. ********************************************** FOR SECURITY REASONS, DO NOT CHANGE THE SUBJECT LINE. ********************************************** Below, please find the information that was submitted: Dear Carlsbad City Council members, I respectfully request you decline a request that will be discussed at you meeting July 21st to restrict parking on Paseo Descanso (my street). Although I sympathize with the petitioners, I am compelled to disagree. I understand the request is really about forcing the residents of Cascada (a condo development at the end of our street at Carrillo Way) to find parking somewhere else. There are several reasons I request you decline the request including: 1. Our 83-year-old mother comes over weekly from her home in Oceanside and stays the night. She parks in the street and it would be a hardship for us to have to move her car in the morning when we leave for work if parked in our driveway. 2. Our street is 40 feet wide and there is no safety issue besides maybe needing to red curb about 40 feet or so at the turn from Carrillo Way. 3. The people from Cascada who park on our street are not polluting our street. I watch the trash trucks going down the street on Tuesdays and trash regularly falls from the truck into the street when the loads are lifted into the back of the truck. The vast majority of trash that hits our street comes from the trash trucks. 4. We often have events where we have plenty of overnight guests and want them to be able to park in the street. 5. The cars from the Cascada residents are not broken down and are driven daily. I would come to the meeting in person but have a prior engagement. Please feel free to read my note aloud at the meeting as the petitioners and I are friends and we respect each other's opinion on this matter. Larry White 6326 Paseo Descanso Carlsbad , CA 92009 USA lkw@att.net Mozilla/5.0 (Macintosh; U; PPC Mac OS X 10_5_7; en-us) AppleWebKit/530.19.2 (KHTML, like Gecko) Version/4.0.2 Safari/530.19 75.32.230.239 REC'D FROM CITY OF CARLSBAD 1635 FARADAY AVENUE CARLSBAD, CALIFORNIA 92008 Cashier: (760) 602-2401 Water Utility Billing: (760) 602-2420 DATE ACCOUNT NO.DESCRIPTION AMOUNT \s\ Printed on recycled paper. NOT VALID UNLESS VALIDATED BY CASH REGISTER TOTAL 6 Request for Refund City of Carlsbad Account #: 001 oooo 5674 Amount of Refund: 150.00 Date Fee Paid: oe/09/09 Vendor #: Appeal Traffic Safety Commission Fee Paid For: decision Fee Paid By: Brian Fennel Fee Supporting Request: Council granted the appeal at the City Council Meeting on July 21, 2009. NAME OF APPLICANT: Brian Fennel STREET ADDRESS: 6302 Paseo Descanso CITY, STATE & ZIP: Carlsbad CA 92009 PREPARED BY: : Morgen Fry APPROVING OFFICAL: O f DATE: 7/22/09 DATE: ^ Sherry Freisinger From: Bob Johnson Sent: Monday, June 22, 2009 11:47 AM To: Lisa Hildabrand; Ron Ball; Lorraine Wood; Kimberly Dillinger Subject: FW: City Council Meeting July 21 Mr. Fennel has agreed to the July 21, 2009 date for the City Council to hear his appeal of the Traffic Safety Commission recommendation to deny a parking restriction at night on Paseo Descanso. From: Brian Fennel [mailto:BFennel@minnowmedical.com] Sent: Monday, June 22, 2009 8:59 AM To: Bob Johnson; robbi@peproevents.com; farrah.douglas@gmail.com Subject: City Council Meeting July 21 Good Morning Bob, Thanks for getting back to me; I want to confirm that July 21st will work for us to be at the City Council meeting to present our appeal. Brian Fennel US Marketing Manager Minnow Medical 10911 Technology Place San Diego, CA 92127 (916) 899-9989 CONFIDENTIAL: This email message is for the sole use of the intended recipient(s) and may contain confidential and privilaged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message. Thank you. Morgen Fry From: Morgen Fry Sent: Tuesday, June 09, 2009 5:19 PM To: Kimberly Dillinger; Robin Nuschy; Bob Johnson; Sheila Cobian; Sherry Freisinger Subject: Appeal Traffic Safety Commission Attachments: No Parking Paseo Descanso TSC Brian Fennel.pdf Please find the attached appeal from Brian Fennel. Thank you, Senior Office Specialist Carlsbad City Clerk's Office 760.434.2808 main 760.434.2953 direct Morgen.Fry@carlsbadca.gov Quality Of Life Maravilla Village Rancho Carrillo Development Carlsbad, CA Beat 9 Reporting District 86 Precedence: NS-884 passed on April 8, 2008 NS-886 passed on April 22, 2008 PROPOSED: NO PARKING FROM 2:00am to 5:00am ON BOTH SIDES OF PASEO DESCANSO FROM CARRILLO WAY TO PASEO CERRO Rancho Carrillo is a master planned community consisting of eighteen villages and approximately 1,551 single family homes and townhomes. 5 Palomar Airport Rd N PASEO DESCANSO Maravilla Melrose Rancho Carrillo Way Paseo Descanso A Map of the Affected Streets Cascada Paseo Privado MontevinaEntrance TrailsCascadas The Beginning Cascada is an upscale condominium development of 84 units. Each unit has a two car garage assigned to it. Owners/tenants are required to park in garages. There is adequate curb space to hold overflow and guest parking. Cascada painted some of their curbs red in late 2007; this limited parking. Occupancy per unit increased Overflow parking went to Carrillo Way. City of Carlsbad posted “No Parking Anytime” signs on Carrillo Way. Overflow diverted to Paseo Descanso and Paseo Privado January 2009, City posted “No Parking Anytime” signs on Paseo Privado The overflow parking on Paseo Privado diverted to Paseo Descanso adding to the cars already parking on Paseo Descanso. What Happened? Gone to the Rancho Carrillo HOA Board Gone to the Cascadas HOA President Gone to the City Engineer Gone to the City Council Circulated a Petition for “No Overnight Parking” amongst the 46 Maravilla Homeowners affected. Gone to the Traffic Commission Back to City Council Cascada single units are increasingly being rented out to multiple families. One garage was actually being used as a residence. Garages are being used for storage, not vehicles as intended. Our public street has become “Private Storage” for their cars! Is that what the City intended for us?! Yet they have adequate parking spaces not being used. Paseo Descanso 1 2 3 4 5 6 7 8 9 10 11 Why should they park here… When there’s plenty of room here, where they live?! Both pictures taken same day, same time When our guests want to visit they have to park 4 houses away, way up here. Where can the “PUBLIC” park??? The “PRIVATE” residential guests get to park here, in front of their units June 20th, 2009 14 vehicles! A Saturday Morning In a supposed “Upscale neighborhood” Not even close! These are transient residents who take from our quality of life and add nothing to Carlsbad’s value. “Beautiful and spacious home in the desirable Rancho Carrillo community!” Chamberlain Property Management Does this look “desirable” to you?! How would you like to see this stranger’s car in front of your $900,000 home every morning? Along with 11 other vehicles whose owners don’t live in your neighborhood? “In March, the region's home prices were down, on average, 22 percent from a year ago, placing it as the ninth-biggest loser in the nation, according to Standard & Poor's Case-Shiller Home Price Index”. North County Times, May 26th, 2009 Over 25 websites from real estate firms tell sellers to remove parked cars from in front of their houses –why? “those areas that are most exclusive, that are seeing the fastest price appreciation, that are the most desirable, are also those areas that have the fewest numbers of cars parked in driveways and, generally, have the fewest number of cars on the street. It’s a fact: The fewer autos visible in a neighborhood, generally speaking, the more desirable the area. FIND ONE PUBLICATION THAT STATES HAVING A LOT OF PARKED CARS ON YOUR STREET INCREASES YOUR HOME VALUE! Interfering with garbage pick-up They have a place to park… In their PRIVATE residence area Due to cars parked close to intersection, vehicles (like this UPS truck) are forced out into the oncoming traffic lane. Look how black this water is following a rain shower! Oil dripping from poorly maintained vehicles, runs off into storm drains One drop of motor oil can pollute up to 50 gallons of fresh water*. 1Quart of motor oil can pollute 250,00 gallons of water** * www.ci.worthington.mn.us ** “Recycling Used Oil.” EPA, Office of Solid Waste Gutter on side of street where cars park Storm Drain on same street where cars do not park Pictures taken in afternoon of June 19th Safety –Younger, transient tenants are partying on our street. Strange vehicles parked in front of houses Noise late at night Trash Vandalism – Breaking & Entering Attracting crime to the area And poorly maintained Parking near access to City Trails is compromised QOL •This is not “Public Parking” this is private storage! •This restricts the true public and our guests from visiting and inhibits accessing trails •This restricts our streets f rom being cleaned, impacting our entrance’s appearance •This contributes motor vehicle fluids to the water system •This creates an unsafe atmosphere •This reduces home values •This diminishes the quality of our lives! No Parking 2:00am to 5:00am Paint curbs red at entrance to Paseo Descanso Both Sides Of Paseo Descanso From Carrillo Way To Paseo Cerro July 21, 2009 TSC Recommendation 3-0-1 vote on June 1, 2009 Deny the request to establish No Parking at night on Paseo Descanso from Carrillo Way to Paseo Cerro N Legend Favors Parking Restrictions Opposes Parking Restrictions Concerns of Mr. Fennel Vehicles from Cascada Condominiums are parked on Paseo Descanso Parked vehicles result in problems on Paseo Descanso near Carrillo Way Parked Vehicle(s) Generated Concerns Turning difficulties from Carrillo Way –wide turns Parked vehicles restrict visibility Vehicles park in the intersection Vehicles park near trail access Vandalism Cars for sale Trash/parties/noise Vehicles drip oil/fluids Traffic Safety Commission Each issue discussed in detail Police Lieutenant discussed police issues Environmental issues discussed by Storm Water Protection Manager City Engineer discussed traffic engineering/traffic safety issues July 1, 2009 Traffic Safety Commission Mr. and Mrs. Fennel spoke in favor of parking restrictions at night Mr. Larry White, 6326 Paseo Descanso, spoke against the parking restriction at night. Traffic Safety Commission Recommendations Deny the request to establish a parking restriction at night on Paseo Descanso from Carrillo Way to Paseo Cerro Traffic Safety Commission Recommendations Paint 30 feet of red curb west side Paseo Descanso at curb return Paint red curb at fire hydrant at 6302 Paseo Descanso Stripe 50 feet double-yellow centerline on Paseo Descanso approaching Carrillo Way