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HomeMy WebLinkAbout1979-05-23; Planning Commission; Resolution 1519c -4 w w 1 I1 PLANNING COMMISSION RESOLUTION NO. 1519 2 3 4 5 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 . 6 7 CASE NO: V-290 (1) 8 9 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 10 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. 13 14 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 21 22 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 .. W w 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 I1 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 : -2- I I- . ! ! w W 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1'7 18 19 i 20 21 22 23 24 25 26 27 28 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 -3-