Aug 2022 | Volume 14, Issue 1

Watch the full video on ABC News

Note: In addition to the video, please see the following article included at the above-referenced internet address:

According to the article, for decades, Judy and Ed Craine parked their car in the driveway in front of their San Francisco home. Parking in the Golden City can be tricky with its steep hills and busy streets, and the Craines say they were lucky to have a spot that's all their own for the past 36 years. That is, until they received a $1,542 fine for parking on their own property -- with the threat of a $250-per-day fee if they didn't get the car off their car pad.

The Craines told the media that the San Francisco Planning Department is enforcing a decades-old section of code that bans motor vehicles of all kinds from being parked on a car pad or setback in front of a house unless it's accompanied by a garage or cover. "I wrote them back saying I thought this was a mistake," Judy Craine said. Added Ed Craine: "To all of a sudden to be told you can't use something that we could use for years, it's startling. Inexplicable." The Craines believe the space has been used for parking since the house was built in 1910. So the planning department told the couple that the city would waive the fine if they could prove that the lot has historically been used for parking. The Craines dug up a photo of their daughter from 34 years ago, where their car is just visible in the driveway -- but officials said the photo wasn't old enough.

Then, after a lot of Googling, they found a blurry aerial photo from 1938 that shows a car -- or a possibly a horse-and-buggy -- pulling into the driveway of the home. But the planning department says they never were shown this photo and will reconsider Craines' parking plight. "The 1938 aerial photo…was never shared with the Department," said Daniel A. Sider, the chief of staff at the San Francisco Planning Department. "The first we learned of it was during (a recent media) broadcast. To that end, we’re reopening the matter and hope to have more clarity in the coming days."

The planning department was alerted to the Craines' use of their driveway by an anonymous complaint that was lodged against the Craines and two of their neighbors, who were also tagged with the same violation. Sider told the media that the anonymous request about their property was made last year but was not enforced until the Craines sought to renew their permit to use the property for short-term rentals. The Municipal Code bans new permits until outstanding code enforcement issues on the property are resolved. Sider previously said that the code was enacted decades ago for aesthetic reasons. "I recognize that the property owner is frustrated. I think I would feel the same way in their situation," Sider said in an email. "But the Planning Code doesn't allow for the City to grandfather illegal uses on account of their having flown below the radar for a length of time."

The city has since closed the case against the Craines and threw out the fines after the couple agreed to no longer use the car pad. However, that may be under reconsideration if the 1938 aerial photo passes the test. City officials told the Craines that the couple can build a cover for the car pad, or a garage, if they want to continue to park there.

Discussion Questions

1. In your reasoned opinion, does this case represent the “death of common sense” in the law? Explain your response.

Student responses may vary in response to this question, but in your author’s opinion, this does not represent the “death of common sense” in the law. As indicated in the article, the ordinance was initially imposed to preserve aesthetics in the community.

2. What is the responsibility of a municipal planning commission?

According to https://www.extension.purdue.edu/extmedia/id/id-235.pdf:

(A) plan(ning) commission is in a unique position in local government. It is an independent commission made up of private citizens with neither legislative nor administrative authority. It is an advisor to a governing body. It also advises local governmental departments and officials, public agencies, private developers, and other individuals on matters related to the community’s development. The plan commission’s position in the structure of local government greatly enhances its ability to carry out this advisory function. It is placed in the middle of the flow of information throughout the community. This central coordination function can be extremely valuable to the community and to its elected and appointed officials. Plans and proposals from individuals and groups who help develop the community pass through the plan commission.

As the advisory arm of local government on planning issues, the plan commission has many important responsibilities. Some of the most common include the following. 1) Prepare and recommend to the legislative body a comprehensive plan for the physical development of the jurisdiction it serves and other tools useful for implementing the comprehensive plan. 2) Prepare and recommend zoning and subdivision control ordinances to the legislative body. 3) Review all petitions for amendments to the zoning ordinance and map and recommend their approval or disapproval to the legislative body. 4) Review and approve or disapprove subdivision plats. 5) Do special studies as requested by the local legislative body. 6) Hold public hearings, as necessary, to receive comments from the public concerning changes to the plan, zoning ordinance, and other land use control regulations. 7) Review and revise the comprehensive plan, zoning ordinance, subdivision regulations, and capital improvement programs to keep them up to date and adjusted to changing conditions. 8) Carry on a continuing program for citizen education in planning and good public relations in the community. 9) Provide day-to-day advice and guidance to individuals regarding physical development, zoning, subdividing, and code regulations.

3. Comment on the fact that the Craines were able to avoid detection of the code violation for decades. In your reasoned opinion, should this compel the city to “grandfather” their use of the uncovered car pad for parking? Explain your response.

Although student answers may vary in response to this question, in your author’s opinion, the fact that the Craines were able to avoid detection of the code violation for decades should not compel the city to “grandfather” their use of the uncovered car pad for parking. The term “grandfathering” typically refers to allowing to continue a practice that occurred before a new regulation is imposed. As indicated in the article, the Craines were violating a regulation that was in place years before they even owned the property.

In your author’s opinion, the best remedial “avenue” for the Craines would be to convince the city planning commission to change the regulation.