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Home My WebLink About1979-06-05; City Council; 5869; Report back from Planning Commission - V 290 - Applicant: ZipserI Vt.CJD ( ( I (c2G) ' t 2 1pser -~----.. __ ,--- CITY OF CARLSBAD Initial AGENDA BILL NO: SJ?t;, 9 Dept. Hd. ~ DATE: June 5, 1979 Cty. Atty Cty. Mgr. DEPARTMENT: PLANNING ~ SUBJECT: APPEAL OF VARIANCE 290, ZIPSER Statement of the Matter The subject variance is for a 3 unit apartment presently under construction sit.uated on the west side of Ocean Street between Pacific Avenue and Ocean Street, and the owner is considering a request for a conversion to condominium. Being_a three unit conversion, the subdivision and condominium permit are done administratively. However, the applicant has asked for two· variances to the condominium ·standards on this project. Or-1e is a variance., to red~ce the amount of visitor parking from two spaces to one and the secon_d variance to reduce the amount of required storage area on two of the three tin.its. The Planning Commission separated the two variances because they felt they could not support the parking variance but wished to consider the varicmce for reduction of s·torage area further if the applicant would design more storage in areas suggested by ~he Planning Commission. The applicant agreed to redeqign .the storage. The Planning Commission then denied the variance for the parking reduction and continued the variance for storage reductioz:i pen.ding the applicqnt' s redesign. The storage issue will be heard by_the Planning Commission on June 27, 1979. _The applicant, however, is still interested· in pursuing. the park"ing varianqe, therefore he has appealed the.Planning Commission decision on • parking -reduction. EXHIBITS Planning Commission Resolution No. 1519 Planning Commission minute excerpts dated May 9, 1979 Appeal lette~ from Stanley Zipser dated ~.ay 22, 1979 Staff Report dated May 9, 1979 RECOMMENDATION . The Planning staff and Planning Commission have· recommended denial of the variance to reduce visitor parking. If the c_ity Council concurs, you should direct the City Attorney to prepare documents denying appeal of Variance 290. If, however, City Cou"ncil wishes to considei a·pproving. the appeal _or reviewing this matter further, you should direct the Planning Commission to reconsider their action and report back. ( Agenda Bill No. 5869 June 19, 1979: Council directed the City Attorney to prepare the necessary documents to deny Variance 290 .. . .. l 2 3 4 5 6 7 8 9 • PLANNING COMMISSION RESOLUTION NO. 1519 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. CASE NO: APPLICANT: V-290 (1) ZIPSER, STANLEY WHEREAS, a verified application for certain property, to wit: Lot 2, Granville Park, in the County of San Diego, 10 State of California, according to Map thereof No. 1782, filed in the Office of the Recorder of San 11 Diego County, February 21, 1924, excepting there- from that portion thereof, if any, lying below the 12 mean high tide line of the Pacific Ocean,, 13 has been filed with the City of Carlsbad and referred to the 14 Planning Commission; and 15 WHEREAS, said verified application constitutes a request 16 as provided by Title 21 of the Carlsbad Municipal Code; and 17 WHEREAS, the Planning Commission did on the 9th day of May, 18 1979, hold a duly noticed public hearing as prescribed by law 19 to consider said request; and 20 WHEREAS, the City of Carlsbad has determined V-290(1) to be 21 exempt from environmental review according to Section 19.04.090 22 (c) (4) of the Carlsbad Environmental Protection Ordinance which 23 exempts minor alterations in land use limitations, 24 WHEREAS, at said public hearing, upon hearing and considering 25 the testimony and arguments, if any, of all persons desiring to 26 be heard, said Commission considered all factors relating to the 27 Variance (V-290(1)) and found the following facts and reasons 28 to exist: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 • • 1. There are no exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to the other property in the same vicinity and zone. The condominium ordinance was designed to require the amenities usually available in ownership housing. The ordinance applies to all condominium conversions regardless of underlying zone and 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. B. The property has been developed as is allowed by the zone. The condominium ordinance contains special regulations to assure quality ownership housing within the City. A condominium permit is not a right guaranteed by the zone but a privilege granted at the discretion of the Planning Commission and the City council. 3. The granting of this variance will adversely affect the General Plan by circumventing the requirement of the Circulation Element concerning adequate off-street parking. 4. This variance will be detrimental to surrounding properties by increasing parking needs without supplying additional off- street parking. WHEREAS, the Planning Commission, by the following vote, 17 • denied V-290(1) for the reasons as set forth above. 18 19 20 21 22 23 24 25 AYES: NOES: ABSENT: L'Heureux, Rorobotis, Marcus, Schick, Larson None Wrench, Jose NOW, THEREFORE BE IT HEREBY RESOLVED that the above recita- tions are true and correct. ATTEST: -2- l 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 28 STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CARLSBAD ss I, JAMES c. HAGAMAN, Secretary to the Planning Commission of the City of Carlsbad, California, do hereby certify that the foregoing resolution was duly introduced, approved and adopted by the Planning Commission of the City of Carlsbad at a regular meeting of said Commission he.ld on the 23rd day of May, 1979, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: V-290 L'Heureux, Marcus, Schick, Larson None Wrench, Jose Rombotis -3- ,.- .- - PLANNING 1COMMISSION l•.-1~UTES CITY OF CARLSBAD NO1 JFFICIAL UNTIL APPROVED AT SUBSEQUENT MEETING OF CARLSBAD May 9, 1979 Page One (1) ·. PLANNING COMMISSION I. II. CAL+ TO ORDER The meeting was called to ·order at 7:00 P.M. by Chairman L'Heureux. ROLt CALL Commissioners present: Chairman L'Heureux, Commissioners Rombotis, Marcus, Larson, Schick Commissioners absent: Commissioner Wrench, Commissioner Jose Staff present: Bud Plender, Assistant to the Planning Director; Dave Abrams, Current Planning; Dave Hauser, Engineering; Les Evans, City Engineer. I III. AGE~DA ITEM COMMUNICATIONS A. A memorandum from Commissioner Jose commenting oh the various items of the agenda was distributed. B. A letter from Mrs. Elisabeth Skeete voicing concern with the Planning Commission decision on PDP-1 (Encina) was discussed and it was generally agreed that the letter should be forwarded on to the City Council for their information and review when considering the item. c. Revised conditions as proposed by staff on CT 79-4 (Ayers) was circulated. D. A 1etter from C.E. Bartley, 2489 Ocean Street, Carlsbad, opposing V-290 (Zipser) was distributed. E. A letter from Roy Palmateer, M.D., 2497 Ocean Street, Carlsbad, opposing V-290 (Zipser) was distributed. F. A letter from Dr. and Mrs. Paul G. Alberton, neighbors of Mr. and Mrs. Bonagura (V-289) expressing general approval of the proposed project.was distributed. G. A petition, signed by twelve individuals, opposing V-290 was distributed.· ·~ --· H. Attorney Bob Knauf requested that agenda item 11 B11 be moved up on the agenda, as he is recovering from recent medical treat- mept. The request was met with favor. I. Mr. Roy Ward, representing Magee Park (CUP-118B) asked that item "F" be moved up on the agenda to enable him to meet a prior engagement. The Commission agreed to do so. PLANNING COMMISSION w--•JTES May 9, 1979 Page Five (5) Staff replied that the ratio is 2:1 in accordance with existing policy. Chairman L'Heureux addressed condition #31 as to when said map would expire. Staff replied that the Zoning Ordinance specifies that the map shall expire 18 months from the date of filing of the original tentative map. Any time lost during the sewer moratorium will not count the 18 months. Commissioner Schick related his agreement that ·further action should be tabled pending the filing of a correct map, and further voiced his desire -for more information as to the exact method of drainage. Chairman L'Heureux asked that a condition be added regarding the hours of operation of construction. Staff replied that the hours of operation are controlled by the grading permitoas well as City Ordinance. Commissioner·Jose's comments regarding dust control during the grading phase of tfie project were noted. Commissoner Larson indicated that the particular slopes to be hydroseeded should be specified in the conditions; that possibly conditions #18 and #19 should be colnbined, as they address the same issues; that the responsibility for future maintenance of the desiltation basin should be specified, with a look into the title thereto. Chairman L'Heureux noted that conditions #22 and #27 are repetitions of the same condition; also a condition regarding slope ratio and one regarding dust control should be added. A motion was made to reopen CT 79-4 and continue same to June 13, 1979. CONTINUED MOTION: SECOND: AYES: Larson Schick L'Heureux, Rombotis, Schick, Marcus, Larson n. V-290, Zipser, a variance from Section 21.47.130 to allow a reduction in the required visitor parking from two spaces to one; and to allow less than the required 480 cubic feet of storage spac~ for two units. f}11~~[.:-r~ Mr. Dave Abrams presented the staff report, recommending denial of the proJect as the appropriate findings for a variance are not present. Several letters from neighboring property owners were noted, requesting denial of the project. - LAW OFFICES PASTOR AND ZIPSER A PROFESSIONAL CORPORATION JEROME PASTOR STANLEY ZIPSER MIKAEL KOLTAI LEONARD J. MEYBERG, JR. OF COUNSEL CERTIFIED MAIL RETURN RECEIPT REQUESTED Clerk City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Dear Sir: 1901 AVENUE OF THE STARS SUITE 888 • CENTURY CITY LOS ANGELES, CALIFORNIA 90067 (213) 277-3411 May 22, 1979 This letter is intended as a request that the decision of the Planning Commission made May 9, 1979 on Item C (V290, Zipser Variance from Section 21.47.130 of Ordinance No. 9516, to allow a reduction in visitor park- ing) be appealed to the Carlsbad City Council at the next available date on the council's calendar. If there is any charge necessary to accompany this request, please advise and same will be forwarded. Very &uly y6U:;~ ( ,-_) s~'k1rzr:~2-⇒/~ / . -__,.. SZ/b