HomeMy WebLinkAbout1979-05-23; Planning Commission; Resolution 1519c
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1 I1 PLANNING COMMISSION RESOLUTION NO. 1519
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RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CARLSBAD, CALIFORNIA, DENYING A VARIANCE FROM
SECTION 21.47.130 (2) TO ALLOW A REDUCTION IN THE
REQUIRED VISITOR PARKING FROM TWO SPACES TO ONE
SPACE ON PROPERTY GENERALLY LOCATED ON THE WEST
SIDE OF OCEAN STREET, BETWEEN PACIFIC AVENUE AND
OCEAN STREET .
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CASE NO: V-290 (1)
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APPLICANT : ZIPSER, STANLEY
WHEREAS, a verified application for certain property, to
Lot 2, Granville Park, in the County of San Diego,
1782, filed in the Office of the Recorder of San
from that portion thereof, if any, lying below the
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mean high tide line of the Pacific Ocean, 12
Diego County, February 21, 1924, excepting there- 11
State of California, according to Map thereof No.
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has been filed with the City of Carlsbad and referred to the
to consider said request; and 19
1979, hold a duly noticed public hearing as prescribed by law 18
WHEREAS, the Planning Commission did on the 9th day of M 17
as provided by Title 21 of the Carlsbad Municipal Code; and 16
WHEREAS, said verified application constitutes a request 15
Planning Commission; and
20 WHEREAS, the City of Carlsbad has determined V-290(1) to
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exempt from environmental review according to Section 19.04.0
WHEREAS, at said public hearing, upon hearing and consid 24
exempts minor alterations in land use limitations. 23
(c) (4) of the Carlsbad Environmental Protection Ordinance wh
to exist: 28
Variance (V-290 (1)) and found the following facts and reasons 27
be heard, said Commission considered all factors relating to 26
the testimony and arguments, if any, of all persons desiring 25
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1. There are no exceptional or extraordinary circumstances
conditions applicable to the property that do not apply gene1
to the other property in the same vicinity and zone.
The condominium ordinance was designed to require the amenitj
usually available in ownership housing. The ordinance applic
to all condominium conversions regardless of underlying zone date and circumstances of construction.
2. The variance is not necessary for the preservation of a
substantial property right possessed by other property in the same vicinity and zone.
A. The property has been developed as is allowed by tk
zone .
B. The condominium ordinance contains special regulati
to assure quality ownership housing within the Cit:
A condominium permit is not a right guaranteed by 1
zone but a privilege granted at the discretion of 1 Planning Commission and the City Council.
3. The granting of this variance will adversely affect the
General Plan by circumventing the requirement of the Circulat
Element concerning adequate off-street parking.
4. This variance will be detrimental to surrounding propert
by increasing parking needs without supplying additional off-
street parking.
WHEREAS, the Planning Commission, by the following vote,
denied V-290(1) for the reasons as set forth above.
AYES : L’Heureux, Rombotis, Marcus, Schick, Larson
NOES : None
ABSENT : Wrench, Jose
NOW, THEREFORE BE IT HEREBY RESOLVED that the above rec:
tions are true and correct.
ATTEST :
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STATE OF CALIFORNIA 1
COUNTY OF SAN DIEGO 1 ss
CITY OF CARLSBAD 1
I, JAMES C. HAGAMAN, Secretary to the Planning Commissi
of the City of Carlsbad, California, do hereby certify that
foregoing resolution was duly introduced, approved and adopt
by the Planning Commission of the City of Carlsbad at a regu
meeting of said Commission held on the 23rd day of May,
1979, by the following roll call vote:
AYES : L'Heureux, Marcus, Schick, Larson
NOES : None
ABSTAIN: Wrench, Jose
ABSENT : Rombotis
V-290
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