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HomeMy WebLinkAboutCC2023-078; Schmitt-Newguard, Constance C; 2024-0237346; Notice of Violation/ReleaseRECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CA 92008 CITY OF CARLSBAD DOC# 2024-0237346 111111111111 lllll 111111111111111 IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII Sep 04, 2024 12:07 PM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PAGES: 13 NOTICE OF PENDING ADMINISTRATIVE ENFORCEMENT ACTION Assessor's Parcel Number(s): 207-350-07-00 Property Address: 4794 HILLSIDE DRIVE Owner of Record: CONSTANCE C. SCHMITT-NEWGARD, 4794 HILLSIDE DR, CARLSBAD, CA 92008 Pursuant to Section 1.10.050 of the Carlsbad Municipal Code, the City of Carlsbad hereby gives notice, as public record, that the above identified real property within the City of Carlsbad, and more specifically described as: SEE EXHIBIT "A" is not in compliance with the Carlsbad Municipal Code. These violations are set forth in a Notice of Violation issued to the property owner on September 27, 2023 (attached as Exhibit B), Administrative Citation Hearing Order signed on April 15, 2024 (attached as Exhibit C) and include: CMC 21.44.060.E2: PARKING: Recreational vehicles, boats, and trailers. All Recreational Vehicles/Boats/Trailers must be parked in compliance with Table E of CMC 21.44.060 attached. The owner has been notified thereof, and this notice shall remain on record until all necessary corrections have been made and the property is in compliance with the code sections related to the violations cited. Until a Certificate of Compliance is recorded by the Code Enforcement Manager of the City of Carlsbad, applications for grading permits, use permits, major and minor subdivisions, rezones, specific plans, specific plan amendments, general plan amendments, discretionary approvals and building permits may be denied. 1 EXHIBIT 'A' LEGAL DESCRIPTION FOR APN/PARCEL ID(S): 207-350-07-00 LOT 217 OF CARLSBAD TRACT NO. 74-19, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 8177, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 17, 1975. EXCEPTING THEREFROM THAT PORTION OF SAID LOT 217 DEDICATED AND RESERVED FOR FUTURE ACCESS RIGHTS ON SAID MAP NO. 8177. SAID IRREVOCABLE OFFER OF DEDICATION WAS ACCEPTED BY RESOLUTION NO. 8742 OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, A COPY OF W HICH RECORDED SEPTEMBER 8, 2011 AS FILE NO. 2011-0464481, OFFICIAL RECORDS. EXCEPTING THEREFROM ALL OIL, GAS AND OTHER HYDROCARBONS LYI NG 500.00 FEET BELOW THE SURFACE OF SAID LAND, BUT WITHOUT THE RIGHT OF ENTRY TO REMOVE THE SAME AS CONVEYED TO CARLSBAD BAY PROPERTIES, LTD., BY DEED RECORDED JUNE 10 1968 AS FILE NO. 96383. 21.44.060 Off-street parking-Residential zones. A. In all residential zones the following parking regulations shall apply: 4. The parking of vehicles in residential zones shall be subject to the following regulations: Table E Where Vehicles Can Be Parked in Residential Zones Type of Vehicle Where Vehicles Can Be Parked One-family, two-family, and Garage multiple-family dwellings Covered or uncovered parking spaces provided as required for the dwelling unit In the required front yard on a paved driveway or parking area that: I. Does not exceed 30% of the required front yard area; or Passenger vehicles, and light-2. Is comprised of24 feet of width extended from the property line to the rear of the duty commercial vehicles One-family dwellings on required front yard, whichever is greater. used as a principal means of individual lots (in addition to transportation by an parking spaces required A paved area between the required front yard and the actual front of the building, as long pursuant to Table A of this as it is an extension and does not exceed the width of the area described above. occupant of the dwelling chapter or as otherwise permitted pursuant to Any other area of the lot provided that they are screened from view from the public right- Section 21.10.030 of this code) of-way. For comer 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. In an enclosed structure observing all required setbacks Open parking in the side yard or the rear yard Subject to city planner approval, open parking in the required front yard is permitted if the parking area does not exceed the maximum paved area permitted for passenger vehicles, and that access to the side or rear yard cannot be provided. In making this determination, the city planner shall give notice pursuant to Section 21.54.060.B and shall consider: I. Whether parking in, or access to, the side or 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; Recreational vehicles, boats, One-family dwellings on 2. Whether parking in or access to the side or rear yard would require extensive grading; and trailers individual lots 3. Whether, because of the configuration of the 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; 4. Whether allowing parking of the recreational vehicle in the front yard would interfere with traffic on the street or sidewalk, or would encroach into the street and utility right- of-way. Any person may file an objection to the decision or request an administrative hearing with the city planner pursuant to Section 21.54.060.B. The decision of the city planner shall become effective unless appealed in accordance with the provisions of Section 2 1.54.140 of this title. Note: A comer lot is deemed to have reasonable access to the rear yard. Type of Vehicle Where Vehicles Can Be Parked Notwithstanding the above, during the construction ofa permanent one-family dwelling on a lot, the owner of the lot may live in a recreational vehicle upon said lot during construction of said dwelling for a period not to exceed six months. The provisions listed in this section are not intended to supersede more restrictive homeowner provisions contained in approved conditions, covenants and restrictions (CC&Rs). If the provisions of any such CC&Rs are less restrictive than the ordinance codified in this section, then the provisions contained herein shall apply. Storage or parking of inoperable, wrecked, dismantled or abandoned vehicles shall be regulated by Chapter 10.52 of this code, with the following exception: One-family, two-family, and . For one-family dwellings on individual lots, not more than two vehicles in any Inoperable vehicles multiple-family dwellings 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. No heavy-duty commercial vehicles as defined by Section l 0.40.075 of this code, except Heavy-duty commercial One-family, two-family, and for trailers as permitted by the provision for "recreational vehicles, boats, and trailers" vehicles multiple-family dwellings 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 aide of, the performance of a service to the property on which the vehicle is parked. (Ord. CS 324 §§ 20-----22, 2017; Ord. CS-178 § LXXV, 2012; Ord. CS-164 § 10, 2011; Ord. NS-834 § I, 2007) 21.04.385 DEFINITIONS -Yard, front. "Front yard" means an area extending across the full width of the lot and lying between the front lot line and a line parallel thereto, and having a distance between them equal to the required front yard depth as prescribed in each zone. Front yards shall be measured by a line at right angles to the front lot line, or by the radial line in the case of a curved front lot line. When a lot lies partially within a planned street indicated on a precise plan for such a street, and where such planned street is of the type that will afford legal access to such lot, the depth of the front yard shall be measured from the contiguous edge of such planned street in the manner prescribed in this definition. (Ord. 9060 § 276) 21.10.060 Front yard. (R-1 ONE-FAMILY RESIDENTIAL ZONE) Every lot in the R-1 zone shall have a front yard which has a depth not less than twenty feet, except that on key lots and lots which side upon commercially or industrially zoned property, the required front yard need not exceed fifteen feet. (Ord. NS-718 § 7, 2004) EXHIBIT 'C' Hearing Date: Responsible Party: CITY OF CARLSBAD ADMINISTRATIVE CITATION HEARING ORDER Administrative Citation for CC2023-0782 4794 Hillside Drive Carlsbad, California 92008 March 20, 2024 Constance Schmitt-Newgard I. PARTIES PRESENT AT THE HEARING The hearing was conducted utilizing Microsoft Teams. Ms. Constance Schmitt- Newgard appeared and testified as the "Responsible Party." Carlsbad Code Enforcement Officer Kyle Ricciarelli and Carlsbad Code Enforcement Manager Jamie Lenos-Terfehr appeared and presented evidence. II. NOTICE On September 27, 2023, the City of Carlsbad ("City") served a Notice of Violation to Constance Schmitt-Newgard for violations located at 4794 Hillside Drive, Carlsbad, California ("Property") in case CC2023-0782. The Notice of Violation provided an October 11, 2023 compliance date. On February 8, 2024, Constance Schmitt-Newgard filed an Appeal and Request for Administrative Hearing with the City. In compliance with Carlsbad Municipal Code section 1.10.130, the appeal hearing was set for and was heard on March 20, 20241. • Ill. EVIDENCE Code Enforcement Officer Kyle Ricciarelli presented evidence that a citation was issued to Schmitt-Newgard due to parking of vehicles in places that were unauthorized. The property of 4794 Hillside Drive, Carlsbad, California 92008 is located within a residential zone. Constance Schmitt-Newgard was identified as the owner of 4794 Hillside Drive, Carlsbad, California 92008. Based on the presence of the property in a residential zone, he noted that City of Carlsbad Municipal Code section 21.44.060 1 As indication that Appellant was unaware of violation, Appellant points to the "Return to Sender" mailing stamp on the Code Enforcement's letter to Appellant, indicating that she was out of town. Evidence, page 26. However, the City Code Case Activity Report indicated that on 10/11/2023 and 02/06/2024, City employees spoke directly with the property owner informing her of the front and side yard permitted parking procedures. On 10/11/2023, the City's evidence states that a Code Enforcement officer "Received a voicemail from Candace stating she received the notice of violation." City Evidence, Page 14. On 2/06/2024, a Code Enforcement Officer spoke with the property owner in person and via email explaining that the placement of the trailers was located in the front yard. Therefore, the Appellant has had sufficient notice of the Municipal Code violation. Page 1 of 3 restricts the parking of recreational vehicles, boats, and trailers. Section 21.44.060 allows for recreational vehicles, boats, and trailers to be parked in an enclosed structure observing all requ ired setbacks, open parking in the side yard or rear yard, and via City permits which are subject to the City Planner's approval. Table E applies strictly to residential zones. Officer Ricciarelli testified that the property was in violation of Municipal Code section 21.44.060 for parking vehicles in the front yard. Also, Code Enforcement Manager Jamie Lenos-Terfehr testified that the City received complaints about the property. The Code Enforcement Manager noted that all enforcement actions were initiated by complaints. Constance Schmitt-Newgard testified that she is seeking to recycle the horse trailer. She indicated that she was going to use the trailer to establish a farmer's market. She felt that she was being unfairly targeted. She noted that there were a number of properties that had simila r trailers within the City. She indicated that the enforcement against her was discriminatory. She also presented evidence that the trailer was in the "side yard" due to the triangular nature of her property. IV. FINDINGS After considering the evidence that was submitted by both parties, I find that the City has proved the violations listed on the Administrative Citation associated with CC2023-0782. The primary issue in this case hinges on whether or not the trailers are on the front or side yard of the property. Carlsbad Municipal Code section 21.44.060 allows for recreational vehicles, boats, and trailers to be parked in only three circumstances: an enclosed structure observing all required setbacks, open parking in the side yard or rear yard, and via City permits which are subject to the City Planner's approval. The Carlsbad Municipal Code defines a side yard as, "a yard between the main building and the side lot lines extending from the rear line of the required front yard, or the front lot line where no front yard is required, to the rear line of the main building, or the rear line of the rearmost building if there is more than one, the width of which side yard shall be measured horizontally from, and at right angles to, the nearest point of a side lot line towards the nearest part of the main building." Carlsbad Municipal Code section 21.04.385. While the lot is configured in a triangle, the trailer was being stored by the street. The trai ler was in the front set back of the property and close to the street. Given the location, it cannot be said that the trailer is on the "side" of the house. As such, the citation is upheld for storing a trai ler in the front yard in violation of Carlsbad Municipal Code section 21.44.060. Appellant also raises a due process objection based on selective enforcement. The selective enforcement claim was without merit. The City's code enforcement efforts are complaint driven. The City presented evidence that there were complaints about the Appellant's property that resulted in the enforcement action. The fact that she identified other properties with potential violations was not sufficient to establish selective enforcement or disparate treatment. There was insufficient evidence to establish the properties mentioned by the Appellant were not, in fact, being prosecuted. It is unknown Page 2 of 3 what treatment the other properties are receiving . The record is unclear whether the City received any complaints about the "violations " that the Appellant mentioned. The fact that the violations exist does not mean that the City is not attempting to bring the property into compliance. As such, the administrative citation for CC2023-0782 is upheld. V. ORDER The administrative civil penalties enforcement order regarding CC2023-0782 is as follows: 1. Admin istrative Citation for CC2023-0782 is upheld. VI. APPEAL Under CMG § 1.10.130(b)(1 ), this Hearing Order is final. There are no further administrative appeals available through the City of Carlsbad. This order is reviewable, however, by fi ling an action in Superior Court in accordance with California Code of Civil Procedure § 1094.6. In § 1094.6, there are strict time limits for requesting judicial review of this Order. If you wish to have this order reviewed by a court, consult an attorney immediately. April 15, 2024 Hearing Officer: Jamaar M. Boyd-Weatherby Page 3 of 3