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HomeMy WebLinkAbout1979-08-21; City Council; 5869-2; Appeal of V 290 - Zipser) AGENDA BILL NO: -DATE: DEPARTMENT: SUBJECT: ( CITY OF CARLSBAD 5869-Supplement 2 August 21, 1979 Planning APPEAL OF VARIANCE 290, ZIPSER· STATEMENT OF THE MA'l"I'ER: ,, ( .INITIAL '1#:2 I I Dept . Hd "''tf'-: :_J/)l'f- City Atty. VFL3· I 0 _City Mgr. ~ The Planning Commission denied the variance for parking reduction for a 3-unit apartment presently under construction, situated on the west side of Ocean Street between Pacific Avenue and Ocean Street • . The applicant appealed the Planning Commission's decision to the Council and the Council, at their June 5, 1979rmeeting, continued the matter per the request of the applicant. · On June 19, 1979 Council directed the City"At-torney·to prepare the necessary·documents denying the appeal of Variance 290. City Council Resolution 5843 was presented· at the July 3, 1979 meeting of.the City Council, as was a letter from Stanley Zipser, dated June 21, 1979. Following discussion,· Council d.ontinued the matter as per the appellant's request, and indicated that the matter would be renoticed for public hearing on August 21, 1979. The matter was re-noticed and Mr. Zipsei dbly notified. Per Mr. Zipser•s· request and Council's direction, staff met with the applicant and hip representatives to review.alternative parking designs. Although some were found acceptable by the City .Engineer, none have _been formally proposed by the applicant. Therefore, staff still recommends denial of the existing application. Exhibits: Gity_Council Resolution No. 5843 Letter from s. Zip~er, dated Jurie 21, 1979 Planning Commission Resolution No. 1519 Planning Commission minute excerpts, dated May 9, 1979 Appeal letter from Stanley Zipser, dated May 22, 1979 Staff Report, dated May 9, 1979 9-4-M~morand~m from the Planning Department dated August 30, 1979~ RECOMMENDATION: Planning Staff and Planning Commission have.recommended denial of the variance to reduce visitor parking •. If the City Council concurs, your action is to adopt Resolution No. 5843. If; however,. City Council wi.shes to consider approving the appeal or review the matter further, you should direct the J;>lanning Commission to reconsider their action and report back. FORM -PLANNING 79 ·. \ 0~ ) ! \ V:; q o 2/pse~ ( AGENDA BILL 5869 -Supplement #2 Council Action: ( Page 2 8-21-79 Council continued the appeal to enable staff to study the design presented by applicant during the meeting, and to report back to Council at the next meeting. 9-4-79 At the request of the appellant, the matter was continued to the next regular meeting of 9-18-79. 9-18-79 Council considered approval of V290 and directed the matter returned to the Planning Commission for further study and recommendation with regard to applicant's contribution to a future parking district. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ( RESOLUTION NO. 5843 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA UPHOLDING THE PLANNING CO:t1MISSION RECOMMENDATION AND DECISION AND DENYING THE APPEAL FOR 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.V-290(1), APPLICANT: STANLEY ZIPSER. WHEREAS, on May 9, 1979, the Carlsbad City Planning Commission adopted Resolution No. 1519, which is herewith referred to and made a part hetecif, denying a Variance (V-290(1)) from Section 21.47 .130(2) to allow a reduction in visitor parking, on propetty gerietally located on the wets side of Ocean Street between Pacific Avenue and Ocean Street, more particularly described as: Lot 2, Granville Park, in the County of San Diego, 15 State of California, according to Map thereof No. 1782, filed in the Office of the Recorder of San Diego County, 16 February 21, 1924, exce~ting therefrom that portion thetecif, if any, lying below the mean high tide line of 17 the Pacific Ocean; 18 and 19 20 21 22 23 24 25 26 27 28 WHEREAS, on May 22, 1979, a proper appeal was filed by the applicant in protest of the Planning Commission's denial; and WHEREAS, the City of Carlsbad has determined V-290(1) to be exempt from environmental review according to Section 19.04.090(c) (4) of the Carlsbad Environmental Protection Ordinance which exempts minor alterations in land use limitations; and WHEREAS, a duly noticed public hearing was held by the City Council on June 19, 1979 to consider the appeal of said J. 2 3 4 5 6 7 8 9 10 11 12 0 <( ca co en 13 _J 0 0 • 0:: N 0:: <( O') -, u 14 0 u.. w::; 00~~ Z >-w O Q1->u.. 15 ca-<(-u :;; _J u..: ' --' <( >-w u 16 I-W O • ~z~~ uo:~ca z O en 17 -I-_J > I-0:: <( <( >-u I-18 u 19 20 21 22 23 24 25 26 27 28 ( ( denial at which time all persons interested in or opposed to the proposed variance were heard and the decision of the Planning Commission considered; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. That the above recitations are true and correct. 2. That the findings of the Planning Commission as set forth in Planning Commission Resolution No. 1519 constitute the findings of the City Council. 3. That the City Council hereby denies this appeal and affirms the decision of the Planning Commission to deny the variance. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the day of ---- , 1979 by the following vote, to wit: -------- AYES: NOES: ABSENT: RONALD C. PACKARD, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (SEAL) -2- - LAW OFFICES PASTOR AND ZIPSER A PROFESSIONAL CORPORATION JEROME PASTOR STANLEY ZIPSER MIKAEL KOLTAI LEONARD J. MEYBERG, JR. OF COUNSEL Clerk City of Carlsbad 1200 Elm Street Carlsbad, California 92008 Re: 2459 Ocean Street, Carlsbad Dear Sir: June 21, 1979 While visiting the City offices yesterday, regarding a matter currently pending with the Engineering Department, I was, to put it mildly, abruptly surprised to learn that the appeal of my wife and me from an adverse Planning Commission decision on a variance application was on the city Council calendar for June 19, 1979 -the previous day! My letter of June 1, 1979 asked for a postponement from the originally assigned date of June 5 "to the next hearing date convenient to the Council's calendar." (See attached copy of letter). As has been true with prior hearing matters, I had anticipated some written notice or telephone communication of the hearing date and received neither. I, therefore, assumed that some date in July would be assi~-~d -a fact mentioned during a telephone discussion with the Clerk J or City Manager's office prior to sendiqg my letterrequesting the continuance. Please be assured that the variance application is of the utmost importance to us and that we would not knowingly allow the matter to be decided without exercising our right to address the Council personally and, hopefully, to present relevant facts and factors which should be considered in the decision making process. The purpose of this letter is to request that the matter be restored to the Council's future calendar.and that, if deemed appropriate, I be allowed to appear personally at your July 3, non- public hearing to explain more fully the nature of some alterna- tive solutions which have been, and are being, studied. Clerk City of Carlsbad June 21, 1979 Page 2 I understand that on July 3 some documentation from the Planning staff is to be furnished you for your examination. It is, therefore, my further request that such procedure be delayed until after a rescheduled heari.ng has taken place. I sincerely hope you will act favorably on these requests and will not permit the recent inadvertence to foreclose further exploration of this most important issue, the resolution of which will have extremely far· reaching personal and, of course, economic consequences. M§"I have a reply at your earliest convenience. SZ/b Enclosure cc: Paul Bussey, City Manager Ronald C. Packard, Mayor and Council Member Ve~y.--t.ruly y7ou2~s , ( . ' ·• . .--\<;...:, . _) t~-¢, ..... ,vL~ Stanley ;i•. ~-7" ··; · 1..___-..-/ Anthony J. Skotnicki, Vice Mayor and Council Member Claude A. Lewis Council Member Mary H. Casler Council Member Girard Anear Council Member . .... 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 {l) 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 p~ovided 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 17 18 19 20 21 22 23 24 25 26 27 28 • • 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, denied V-290(1) for the reasons as set forth above. AYES: NOES: ABSENT: L'Heureux, Rombotis, Marcus, Schick, Larson None Wrench, Jose NOW, THEREFORE BE IT HEREBY RESOLVED that the above recita- tions are true and correct. ATTEST: -2- 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 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 held 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 1-._1..:JUTES NOl jFFICIAL UNTIL APPROVED AT SUBSEQUENT MEETING OF CARLSBAD CITY OF CARLSBAD May 9, 1979 Page One (1) ·. PLANNING COMMISSION I. II. i 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 H3.user, Engineering; Les Evans, City Engineer. I III. AGEfDA 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 letter 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 M..-.JTES May 9, 1979 Page Five (5) Sta££ 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 permit"as well as City Ordinance. Commissioner·Jose's comments regarding dust control during the grading phase of tlie 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 combined, 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 D. V-290, iipser, 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 spaCE\ for two uni ts ■ ~~frg .\~~~ 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 ZI PSER A PROFESSIONAL CORPORATION JEROME PASTOR STANLEY ZIPSER MIKAEL KOLTAJ 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. SZ/b i\iic324cs26~ f~'l; ♦ ~ S>.i" '<ib ,;;; MAY1979 ~ C:::: RECEIVED ~ c.o ' ....... ~ City Clerk's Offfcei I\, ~ City of Carlsbad· ~ ½ °>~ c;(,, W 6 S \,. OJ Very -8:-uly y6U:;~ ( ,---_) ~ ltll kd\i> -, S<aJ1ey t:e'fa ·Ir-{ MEMORANDUM DATE: TO: FROM: SUBJECT: August 30, 1979 City Council Planning Department ZIPSER VARIANCE Planning staff and the City Enginee~ have reviewed the exhibit presented by Mr. Banche at the August 21, 1979, City Council hearing regarding this case. Our conclu- sions are as follows: 1. The exhibit submitted by Mr. Banche (attached as Exhibit A) would not only require encroacl').ment into the recently dedicated five (5) feet of additional right-of-way, but would also requir'e a one ( 1) foot encroachm~nt into the original right-of~way. This design, once sidewalks were installed, would also eliminate virtually all possible landscaping from the front of the units. Staff could not recommend this desig-n. 2. If the City Council were to determine that Ocean Street was never going to be widened along the westerly side, it might be possible to redesign the parking to utilize only one driveway which would permit two on-street parking spaces. However, staff has spent much time looking into this possibility and has not yet found an acceptable design. It should also be noted that a sub- stantial part of the necessary additional right-of-way has already been dedicated along the westerly side of Ocean Street north of Pacific Street, all the way arourid to Carlsbad Boulevard. 3. It appears that the design on the building plans (attached as Exhibits Band C) is still the best, both from an engineering and aesthetic point of view. However, this design requires two driveways and does not provide two guest parking spaces as required by the condominium ordinance. RECOMMENDATION: After this additional review, staff still supports the Planning Commission denial for the.requested variance to waive one required guest parking space. This recommenda- tion is based on the inability to make the necessary findings for the granting of a variance. Attachments·: Referenced Exhibits A, Band C Memo fr0m City Engineer, dated 8/29/79 Letter· from Mr. Banche, dated 8/28/79 MZ: jd