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HomeMy WebLinkAbout1979-11-06; City Council; 5869-3; Report back from Planning Commission, V 290 - Applicant: Zipser( ( CITY OF CARLSBAD AGENDA BILL NO. INITIAL . Jd... __ 5_8_6_9_,_s_u_p_p_l _e_m_e _n _t _N_o_. _3 ______ 0 e pt . H d . J <-1t November 6, 1979 \ ,rr_'J) DATE: -----------------------Cty. Atty. 1, 1-1 , DEPARTMENT: Planning. ----------------------'--Ct y. Mgr. SUBJECT: REPORT BACK FROM PLANNING COMMISSION~ VARIANCE NO. 290 APPLICANT: ZIPSER STATEMENT OF THE MATTER This variance is for the reduction of parking required by the condominium regulations for a project on Ocean Street, north of Pacific Avenue. The Planning Commission denied the request. At an appeal hearing the City Council reviewed various parking arrangements and continued the matter for more information. After considering the additional infor- mation, the City Council on September 18, 1979, directed that the matter be returned to the Planning Commission to re~iew this additional information and a condition that the applicant participate in a future parking district. The Planning Commission on October 10, 1979, reviewed the attached report dated October 10, 1979, and forwarded this along with their recommendation as noted on a memorandum to the City Council dat~d November 1, 1979. The attached Exhibi·t 11 B" shows how the parking and driveway will be co~structed if the variance is approved. EXHIBITS Memorandum dated November 1, 1979 Memorandum dated October 10, 1979 Planning Commission Resolution No. 1519 Location Map Excerpts of City Council Minutes dated September 18, 1979 Excerpts of Planning Commission Minutes dated October 10, 1979 Memorandum from City Engineer dated August 29, 1979 Plot Plan Exhibit "B 11 RECOMMENDATION If the City Council wishes to uphold the appeal and APPROVE Variance No. 290, the Planning Commission and Planning Staff recommend that the City Council direct the City Attorney to prepare dpcuments approving V-290 based on the findings and conditions contained in the memorandum dated November 1, 1979. Council Action: 11-6-79 Council directed the City Attorney to prepare documents approving V-290 based on the findings and conditions contained in the memorandum dated November l, 1979. MEMORANDUM DATE: November 1, 1979 TO: Wayne Dernetz, City Manager FROM: James Hagaman, Planning Director SUBJECT: "PLANNING COMMISSION REPORT TO CITY COUNCIL APPLICANT: ZIPSER, V-290 At the September 18, 1979, City Council meeting, new infor- mation was submitted regarding V-290 by the applicant and the City Engineer, (memorandum dated August 29, 1979). The City Council requested that the Planning Commission review this new information and report back. Staff submitted a report based on this direction (October 10, 1979), to the Planning Commission. In this report, staff explained the findings made by the City Council. Based on this the Planning Commission recommends that V-290 be approved with the following findings and conditions: · 1) That there are exceptional or extraordinary circumstances or conditions applicable to the property or to the intended use that do not apply generally to the other property or class of use in the same vicinity and zone because: a) The units are designed and always intended to be constructed as condominiums. b) The applicant was forced to construct the units as apartments because no discretionary action (condo permit) was permitted in the first phase sewer allocation, which this development received sewer from. c) The requirement for 5 1 of right-of-way along Ocean Street has caused a hardship, but because of the nature of the str~et widening may not occur for some time. d) The design of the units are not conducive for rentals. The units would more than likely be rented to groups of people to accommodate the large size and high rental fee. This would cause even more parking congestion than condominium ownership of one family. 2) That such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone but which is denied to the property in question because: a) Most all developments in this a~ea provide the same or less parking as the subject property. 3) That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located because: a) The parking provided will be equal or greater than parking provided in other developments in the area. 4) That the granting of such variance will not adversely affect the comprehensive general plan because: a) The general plan provides for the density ,requested and indicates streets such as Ocean as local streets, not a collector. Conditions 1) BP:ar Development shall be substantially as shown on Exhibit 11 811 , ;,Proposed Parking and Driveway". The applicant shall enter into an agreement with the City, ensuring that participation in a parking district, if in the future such district is formed in this area.11 -2- MEMORANDUM DATE: TO: October 10, 1979 Planning Commission FROM: Planning Department SUBJECT: VARIANCE 290, ZIPSER 1/ The City Council is requesting a further report by the Planning Commission on t~e subject variance. The variance is for the reduction of parking required in the condominium regulations. The site is on Ocean Street north of Pacific Avenue. The Planning Commission denied this request. It was subsequently appealed to the City Council by the applicant. At the appeal hearing the City Council reviewed various parking arrangements and heard reports from the City Engineer and Planning Depqrtment on the parking problems on Ocean Street. After considering this evidence, the City Counci~ felt that there were unusual circumstances in that the units were designed and fully intended to be constructed as condominiums. The only reason there is a conversion request is that the applicant was forced to construct the units as apartments because no discretionary actions were permitted in the first phase sewer allocation. The Council felt that the design and size of the units were of such a nature that they would not be condusive to apartment living. They felt that the units would have to be rented to groups of people to accommodate the large size and high rental fee. This would. cause even more parking congestion in the area than if sold as condominiums. The City Council also requested that the Planning Commission consider if additional conditions should be placed on this approval to insure future parking if necessary. One condition the City Council considered would require the applicant to enter into agreement with the City assuring participation in a public parking district if such district is created. Another idea discussed would be to require the applicant to bond for the construction of one additional parking space on site. if Ocean Street is widened in the future. This additional parking space could be provided by turntable parking or an elevator parking. , - Staff believes that a· condition requiring participation in a Ocean Street parking district is appropriate and should be applied to the approval of variance. Staff does not believe however, that bonding for additional parking on site is in the best interest of the City since at best the parking provided would be difficult to use and it would probably be unattractive. Recommendation It is recommended that the Planning Commission recommend that the City Council incorporate the following condition into their approving resolution: "The applicant shall enter into agreement with the City insuring participation in a parking district if in the future such district is formed in this area". Attachment Exerpts of City Council minutes of.9/18/79 Planning Commission Resolution No. 1519 BP:ar -2- . ... 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: 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 • • 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 Rornbotis -3- CITY OF CARLSBAD~ -5- September 18, 1979 5~~.dl:~~~"'.3CC -••m=::z,:1~~~ (114) ,, (108) •• DEPARTMENTAL AND CITY MANAGER REPORTS: Planning 15. AB 1/5726 -Supplement 1/3 -AMENDMENTS TO CONDOMINI"QM ORDINANCE, ZCA-109. Council introduced the following Ordinance: ORDINANCE NO. 9353, AMENDING TITLE 21, CHAPTERS 21.38, 21.45 AND 21.47 OF THE ·.CARLSBAD MUNICIPAL CODE BY THE.AMENDMENT OF VARIOUS SECTIONS TO REVISE THE REGULATIONS FOR CONDOMINIUMS. · 16. · AB 1fo5869 -Supplement 1"2 -APPEAL OF VARIANCE 290 ,-ZIPSER. The City Engineer gave a staff report referencing the Exhibit Maps and outlining the options for Council consideration, as contained.in his August·29, 1979 Memorandum to Council. The City Manager·indicated.t:here had been a misunderstanding with·regar.d to the status of the matter as a public hearing and inquired.if Council would allow the applicant· to . be hea.rd. ' There .being no·objection, Council recognized Nick Ba~che,.3460 Ridgecrest Drive, Carlsbad, CA.,.representing Mr. Zipser; Mr. Banche distributed material and·circulated pictures of the project site. Mr; Banche reiterated his client's good faith positi'6n in attempt- ing to satisfy the requirements of the Condominium. Ordinance. ·He .further offered clarification of objections raised to.the matter in that the subject Variance was the only exemption· sought by Mr. Zips er. . Mr. Banche emphasized that denial: of -the Variance would not solve parking problems and· · suggested that his client.contribute to a, parking district as a condition of the Variance. Vice-Mayor Skotnicki _then inquired if anyone else wished to·address Council on the matter with no response. Council discussed the matter of future widening_of Ocean Street, as suggested in the staff report. It was-the consensus of Council that further. study was required to make any definitive determination. With regard to applicant·' s offer; it was noted ther.e'.-was no project· in the near term for-a parking district. Staff acknowledged that a report would be prepared ·addressing same. . Council discussed the design of the project, as apartments, may invite communal occ_upancy arid increased parking needs .. Motion Ayes. X PLANNING COMMISSION MINUTES October 10, 1979 Page Seven (7) Roy Ward, 1207 Elm Avenue, indicated agreement with the proposed amendment which, he believes, will be a tool to implement future planning. THE PUBLIC HEARING CLOSED AT 8:28 WITH NO FURTHER PUBLIC TESTIMONY. A motion was made recommending approval of ZCA-117 as per Exhibit A, dated 9/7/79, attached hereto and made a part hereof. MOTION APPROVED MOTION: Jose SECOND: Marcus AYES: Schick, Rombotis, Marcus, Jose, Larson VI. NEW BUSINESS A. V-290, Zipser, variance for the reduction of parking requred in the condominium regulations on property generally located on·ocean Street, north of Pacific Avenue. Bud Plender presented the staff report, recommending approval. Commissioner Jose stated for the record that he had been absent from the public hearing at which the subject application had been discussed, although he felt familiar with the area and proposed project. He indicated he would be abstain- ing from the vote unless his vote was absolutely necessary. A motion was made forwarding the following condition of approval to the City Council for inclusion into their approving resolution: "The applicant shall enter into agreement with the City insuring participation in a parking district if in the future such district is formed in this area". MOTION APPROVED MOTION: Rombotis SECOND: Larson AYES: Schick, Rombotis, Marcus, Larson ABSTAIN: Jose B. General Plan Conformity Finding, Village Area Redevelopment Plan .. MEMORANDUM -August 29, 1979 TO: FROM: SUBJECT: City Council City Engineer ZIPS'ER CONDOMINIUM CONVERSION Over the last three months, the Engineering Department has become very familiar with.the conditions on Ocean Street in the vicinity of the subject project. The development directly across the street from the Zipser property was recently required to widen the street by six feet and install a 5 1/2 foot side- walk. The Engineering Department has required dedication by Mr. Zipser that would eventually allow the 6 foot street widen- ing and installation of sidewalk on the west side of the street, also. In order to meet the parking requirements of the condominium ordinance, the Council could decide that Ocean Street should never be widened and allow Mr. Zipser to utilize the newly dedicated sidewalk easement as part of his driveway. If the Council wishes to retain the option of future street widening, the condo conversion could still be approved by a variance to waive the required parking spa9es. Council could make findings that Ocean Street is an unusual situation in that the front yard setback is only 18 feet rather than the normal 20 feet, and that the taking of the additional 5 feet of right-of-way has created a hardship. If the Council wishes to approve the condo conversion, the Engineering Department would prefer a decision to never widen Ocean Street or to grant a variance of parking requirements. Staff does not recommend allowing the developer to incorporate a future sidewalk easement into a driveway, except as it serves as an access point to the street. City Engineer LE:mmt •. ·.•. ,: . . • .. I~ . ,~: ... · • . ; . : . I!}] ... · .. · .. ·· r .... ..J( •. , .·• i·----.:; · .. ::-. : ·. ·•:·:· .. : . \". \ ... :• . .._.' ... · •• •I ·: ~-"':_4 • . . . -\·' . ~ : ., -_. __ ,: .:: .,, . . , . ······ : :_,·.· PLOT PLAN EXHIBIT 11 B11 PROPOSED PARKING & DRIVEWAY .. •• .. --= ., . . •. . I