HomeMy WebLinkAboutV 290; ZIPSER; Variance (V)E. F. Cook & Associates, Ltd. .0- TC-16.01-40.785
Receipt No.______________
APPLICATION NO. VARIANCE_____________
CITY OF CARLSBAD
(Please Type or Print) Date: 3-17.9
1. REQUEST: Variance to Chapter12.47 of the Zoning Ordinance.
•
fbTèf1.y explain and indicate section of
It is requested that the required number of visitor parking stalls be
Zone Ordinancea-f-(ected)
reduced from1112 prking stalls to 1 on-street.parking stall.
2. LOCATION: The subject property is generally located on the
West side of Ocean Street betweenPacific.Avenue
and Mountain View Drive
3. ASSESSOR'S NUMBER: Book 203 Page021 Parcel 02
Book Parcel (If more,, please list on
bottom of this page).
4• OWNER(S): Name Address City Zip Phone
Stanley & Sigrid Zipser, Suite 888, 1901 Avenue of the Stars, Los Angeles,
California 90067 Telephone (213) 277-3411
5. PERSON RESPONSIBLE FOR PREPARATION OF APPLICATION.:
Name Address City Zip Phone
(7-14)
E.F.5Cook & Associates, 5858 Mt. Alifan Drive, San Diego, CA 92111 279-2823
6. APPLICANT'S SIGNATURE: I hereby declare tha,.' 11 1 for ation
contained within this application is true: /
Name . Address . Zip Phone
Suite 888, 1901 Avenue of the Stars
Stan-ley Zipser Los Angeles, CA 90067 (213) 277-3411
Representing (Company or Corporation)
Relationship to Property Owner(s) Owner
The City of Carlsbad Planning Department would appreciate the
opportunity to work with the applicant throughout the Planning Stages
of the proposed development. In an effort to aid the applicant, the
Planning Department requests that it be given an opportunity to
evaluate and discuss the application and plans prior to submittal.
This request is not a requirement; however, it may avoid major re-
drafting or revision of the plan which only serves to lengthen the
processing time.
ATTACHMENTS: Supplemental Information Form - Planning 23
Standard Conditions - Planning 27
Preparation Check List - Planning 32
Procedures - Planning 36
4
Form: Planning 5 Date of planning Commission Approval ,
I
If after the information you have submitted has been reviewed, it is determined
that further information is required, you will be so advised.
A3PLICANT: Stanley and Sigrid Zipser
Name (individual, partnership, joint venture, corporation, syndication)
Suite 888, 1901 Avenue of the Stars, Los Angeles, CA 90067
Business Address
(213) 277-3411
Telephone Number
AGENT: E. F. Cook and Associates, Ltd.
Name
5858 Mt. Alifan Drive, Suite 200, San Diego, CA 92111
Business Address
(14) 279-2823
Telephone Number
MEMBERS: Same as applicant -
Name (individual, partner, joint Home Address
venture, corporation, syndication)
Business Address
Telephone Number • Telephone Number
Name - Home Address
Business Address
Telephone Number Telephone Number
(Attach more sheets if necessary)
I/We declare under penalty of perjury that the information contained in this dis-
closure is true and correct and that it will remain true and correct and may be
relied upon as being true and correct until amended.
Stanley, and Sigrid Zipser
BY /
'Agent, Partner
SUPPLEMENTAL INFORMATION FORM
VARIANCE
1) Gross Acres (or square footage, if less than acre) 10,000
2) Zone R-3
3) General Plan Land Use Designation
Res identi al-Mul tip le
4) By law a Variance may be approved only if certain facts are
found to exist. Please read these requirements carefully and
explain how the proposed project meets each of these facts.
Use additional sheets if necessary.
a) Explain why there are exceptional or extraordinary circum-
stances or conditions applicable to the property or to the
intended use that d& not apply generally to the other property
or class of use in the same vicinity and zone: The proposed 3 unit
uilding. A coas
ithin one year w
only recently establisneci tne condominium zoning oroinance it was i0SSiDI€
to oredict that oarkinc, reouirements for condominiums ji.e. visitor parkinq
would exceed that of existing R-3 parking requirements (Uti.Zl.44.1U) ror
the same reason only 257 C.F., 604 C.F. and 352 C.F. of special storage is available
b) Explain why 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: The variance is required for total compliance of
the condominium zoning ordinance (CH.21.47). No tenants of the project are
affected by this condominium conversion as the building is unoccupied and still
under construction. The owner has always intended for the project to be a condo-
minium. Due to the timely construction schedule required by the Coastal Commis-
sion, the difficulty in obtaining a sewer permit, the recent moritorium in
condominium conversion, and the new requirement for visitor parking and storage 1
It was not possible to predict the variance during design.
c) Explain why the granting of such variance will nbt 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: The proposed condominium project provides adequate
ff.i-M- ry'kint, frir rAzidPnt 'ice The infrenrient narkina_renuirement fnr
rious
One
e
special covered areas and efficient use of the space by the architects.
d) Explain why the granting of
affect the comprehensive general
doesconform to the comprehensive gene
provided for all residents of the proj
stall for visitor usage is requested.
complex is more than adequate.
such variance will not adversely
plan: The proposed condominium project -
11 olan. Adequate off-strAe-t parking S;
R deviation 01 on
so, total storage wi nit
FORM Planning 23 Date of planning Commission Approval . ..
761
PARCEL MAP GUARANTEE — (CLT arantee Form No. 23 (1-13-78)
t4a.` A- 'Z
PARCEL MAP GUARANTEE
PARCEL MAP
NO. 21892—B REFERENCE.' FEE$ 90.00
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND THE OTHER PROVISIONS
OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE,
GUARANTY COMPANY
a corporation, herein called the Company,
GUARANTEES
CITY OF CARLSBAD
herein called the Assured, against loss not exceeding $1,000, which the Assured shall sustain by reason of any
incorrectness in the assurance which the Company hereby gives that, according to the public records on the date stated
below,
1. The title to the herein described estate or interest was vested in the vestee named, subject to the matters shown as
Exceptions herein, which Exceptions are not necessarily shown in the order of their priority; and
2. Had said Parcel Map been recorded in the office of the County Recorder of said county, such map would be
sufficient for use as a primary reference in legal descriptions of the parcels within its boundaries.
Dated: February 12, 1979 at 7:30 A.M.
Countersigned: 111
Al tSTEWART TITLE COMPANY A.• •*. of San Diego • -*-
W Exec. Vice President
STEWART rIrIAE
GUARANTY COMPANY
7Pfrr
Chairman of the Board
President
Page 1 of 3
Guarantee Serial No. PMG se,.. :1O5
In writing the Company please address it at P. 0. Box 2029, Houston, Texas ]]001, and refer to the printed PMG Number.
No. 21892-B
The estate or interest in the land hereinafter described or referred to covered by this
Guarantee is a fee.
Title to said estate or interest at the date hereof is vested in:
STANLEY ZIPSER AND SIGRID ZIPSER,
husband and wife as community property
The land included within the boundaries of the Parcel Map hereinbefore referred
to in this Guarantee is described as follows:
Lot 2, GRANVILLE PARK, in the County of San Diego, State of
California, according to Map thereof No. 1782, filed in the
Office of the Recorder of San Diego County, February 21, 1924.
EXCEPTING THEREFROM THAT portion thereof, if any, lying below
the mean high tide line of the Pacific Ocean.
EXCEPTIONS:
SEE EXHIBIT "A" ATTACHED HERETO
Part 2of ios CLTA Guarantee Serial No. PMG
STENVAIZT TIT
..TA Guarantee Form No. 23 (1-13-78)
LE
GUARANTY COMPANY
. S
EXHIBIT "A"
PARCEL MAP GUARANTEE
PMG 105
1. Second installment general and special taxes for the
current fiscal year 1978-79, including special district
levies.
Taxes shown above may be subject to reassessment.
2. A Deed of Trust to secure an indebtedness of $82,000.00,
recorded December 22, 1977 as File No. 77-528740 of Official
Records.
DATED: December 8, 1977
TRUSTOR: STANLEY ZIPSER AND SIGRID ZIPSER,
husband and wife as community property
TRUSTEE: STEWART TITLE COMPANY OF SAN DIEGO,
a California corporation
BENEFICIARY: ANTOINETTE C. DELPY, a widow
3. An Agreement regarding Contract for Future Public Improvements,
dated May 31, 1978, executed by and between THE CITY OF
CARLSBAD, a municipal corporation, and STANLEY ZIPSER AND
SIGRID ZIPSER, husband and wife as community property, upon
the terms, covenants and conditions contained therein,
recorded June 26, 1978 as File No. 78-264623 of Official
Records.
Reference is made to said instrument for further particulars.
4. An easement for public Street and incidental purposes as
granted to THE CITY OF CARLSBAD in deed recorded June 26,
1978 as File No. 78-264624 of Official Records.
The location of said easement is described as follows.
Within the Northeasterly 5 feet of the herein described property.
S. An Agreement regarding Boundary Agreement and Consent to
Seawall Location, dated November 15, 1978, executed by and
between STANLEY ZIPSER AND SIGRID ZIPSER, husband and wife,
and L. B. HAMLIN, upon the terms, covenants and conditions
contained herein, recorded December 4, 1978 as File No.
78-520117 of Official Records.
Reference is made to said instrument for further particulars.
ROBERT DEVEREAUX, Exec. Vice President
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.EE .,
I .
GUARANTEE CONDITIONS AND STIPULATIONS
1. Definition of Terms -The following terms when used in this
Guarantee mean:
(a) "land": the land described, specifically or by reference, in
this Guarantee and improvements affixed thereto which by law
constitute real property;
(b) "public records": those records which impart constructive
notice of matters relating to said land;
(c) "date": the effective date;
(d) "the Assured": the party or parties named as the Assured in
this Guarantee, or in a supplemental writing executed by the Company;
(e) "mortgage": mortgage, deed of trust, trust deed, or other
security instrument.
2. Exclusions from Coverage of this Guarantee - The Company
assumes no liability for loss or damage by reason of the following:
(a) Taxes or assessments which are not shown as existing liens
by the records of any taxing authority that levies taxes or assessments
on real property or by the public records.
(b) Unpatented mining claims; reservations or exceptions in
patents or in Acts authorizing the issuance thereof; water rights, claims
or title to water.
(c) Title to any property beyond the lines of the land expressly
described in the description set forth in this Guarantee, or title to
streets, roads, avenues, lanes, ways or waterways on which such land
abuts, or the right to maintain therein vaults, tunnels, ramps or any
other structure or improvement; or any rights or easements therein
unless such property, rights or easements are expressly and specifically
set forth in said description.
(d) Defects, liens, encumbrances, adverse claims against the title
as guaranteed or other matters (1) created, suffered, assumed or agreed
to by one or more of the Assured; or (2) resulting in no loss to the
Assured.
3. Prosecution of Actions -
(a) The Company shall have the right at its own cost to institute
and prosecute any action or proceeding or do any other act which in its
opinion may be necessary or desirable to establish or confirm the
matters herein guaranteed; and the Company may take any appropriate
action under the terms of this Guarantee whether or not it shall be
liable thereunder and shall not thereby concede liability or waive any
provision hereof.
(b) In all cases where the Company does so institute and
prosecute any action or proceeding, the Assured shall permit the
Company to use, at its option, the name of the Assured for such
purpose. Whenever requested by the Company, the Assured shall give
the Company all reasonable aid in prosecuting such action or
proceeding, and the Company shall reimburse the Assured for any
expense so incurred.
4. Notice of Loss - Limitation of Action - A statement in writing
of any loss or damage for which it is claimed thepany is liable
under this Guarantee shall be furnished to the Com an within sixty
days after such loss or damage shall have been determi ed and no right
of action shall accrue to the asj,red under this Guara te until thirty
days after such statement sh4jl live been furnished, a d o recovery
shall be had by the Assured urler this Guarantee unless ct n shall be
commenced thereon within two ears after expiration of Id hirty day
period. Failure to furnish suck statement of loss or m ge or to
commence such action within the time hereinbefore specifie , shall be a
conclusive bar against maintenanb the Assured of any action under
this Guarantee.
5. Option to Pay, Settle or Compromise Claims The Company
shall have the option to pay or settle or compromise for or in the name
of the Assured any claim which could result in loss to the Assured
within the coverage of this Guarantee, or to pay the full amount of this
Guarantee or, if this Guarantee is issued for the benefit of a holder of a
mortgage, the Company shall have the option to purchase the
indebtedness secured by said mortgage. Such purchase, payment or
tender of payment of the full amount of the Guarantee shall terminate
all liability of the Company hereunder. In the event after notice of
claim has been given to the Company by the Assured the Company
offers to purchase said indebtedness, the owner of such indebtedness
shall transfer and assign said indebtedness and the mortgage securing
the same to the Company upon payment of the purchase price.
6. Limitation of Liability - Payment of Loss -
(a) The liability of the Company under this Guarantee shall be
limited to the amount of actual loss sustained by the Assured because
of reliance upon the assurances herein set forth, but in no event shall
such liability exceed the amount of the liability stated on the face page
hereof.
(b) The Company will pay all costs imposed upon the Assured
in litigation carried on by the Company for the Assured, and all costs
and attorneys' fees in litigation carried on by the Assured with the
written authorization of the Company.
(c) No claim for damages shall arise or be maintainable under
this Guarantee (1) if the Company after having received notice of an
alleged defect, lien or encumbrance not shown as an Exception or
excluded herein removes such defect, lien or encumbrance within a
reasonable time after receipt of such notice, or (2) for liability
voluntarily assumed by the Assured in settling any claim or suit without
written consent of the Company.
(d) All payments under this Guarantee, except for attorneys'
fees as provided for in paragraph 6(b) hereof, shall reduce the amount
of the liability hereunder pro tanto, and no payment shall be made
without producing this Guarantee for endorsement of such payment
unless the guarantee be lost or destroyed, in which case proof of such
loss or destruction shall be furnished to the satisfaction of the
Company.
(a) When liability has been definitely fixed in accordance with
the conditions of this Guarantee, the loss or damage shall be payable
within thirty days thereafter.
7. Subrogation upon Payment or Settlement - Whenever the Com-
pany shall have settled a claim under this Guarantee, all right of
subrogation shall vest in the Company unaffected by any act of the
Assured, and it shall be subrogated to and be entitled to all rights and
remedies which the Assured would have had against any person or
property in respect to such claim had this Guarantee not been issued. If
the payment does not cover the loss of the Assured, the Company shall
be subrogated to such rights and remedies in the proportion which said
payment bears to the am4unt of said loss. The Assured if requested by
the Company, shall tnsfer to the Company all rights and remedies
against any person or p1rty necessary in order to perfect such right
9j,subrogation, and shal(\prmit the Company to use the name of the
skJred in any transact !n or litigation involving such rights or
\ern\dies. \
\8. Guarantee Entire Con act - Any action or actions or rights of
aci that the Assured may have or may bring against the Company
aring out of the subject matter hereof must be based on the provisions
oftllis Guarantee.
N provision or condition of this Guarantee can be waived or
changed except by a writing endorsed or attached hereto signed by the
President, a Vice President, the Secretary, an Assistant Secretary or
other validating officer of the Company.
9. Notices, Where Sent - All notices required to be given the
Company and any statement in writing required to be furnished the
Company shall be addressed to it at P. 0. Box 2029, Houston, Texas
77001.
10. THE FEE SPECIFIED ON THE FACE OF THIS GUARANTEE
IS THE TOTAL FEE FOR TITLE SEARCH AND EXAMINATION
AND FOR THIS GUARANTEE.
STEWART TITLE
CLTA Guarantee Form No. 23 (1-13-78) Part 3 GUARANTY COMPANY
STEWART TITLE
GUARANTY COMPANY
ESTABLISHED 1896
INCORPORATED 1908
A NAME
RECOGNIZED NATIONALLY
FOR MORE THAN 75 YEARS
AS BEING
SYNONYMOUS WITH
SAFETY
WESTERN DIVISION OFFICES
1156 SOUTH 7th AVENUE
HACIENDA HEIGHTS, CA 91745
P.O. BOX 4643
WHITTIER, CA 90607
(213) 961-3621
I
E PLANNING-ENGINEERING-ARCHITECTURE DATE
E. F. COOK & ASSOCIATES, LTD.) FILE CODE
9, 1979
5858 MT. ALIFAN DRIVE, SUITE 200 SAN DIEGO, CALIFORNIA 92111 Telephone: (714) 279-2823 Ic-i 6 .01 -40 . 78
1 OF 2
FILE
C opy 0
PROPERTY OWNER'S LIST
ZIPSER TRIPLEX
Condominium Conversion Project
2459 Ocean Street
Carlsbad, California 92008
Tax Parcel
No. Owner and Mailing Address Property Address
203-021-01 L. B. Hamun
2445 Ocean Street
Carlsbad, California 92008
203-021-03 Albert E. and
Lucille Stein
2489 Ocean Street
Carlsbad, California 92008
2479 Ocean Street
203-021-04 Catheryn F. and
Blame Christiansen
P.O. Box 188
Carlsbad, California 92008
203-021-08 Roy H. Palmateer
2497 Ocean Street
Carlsbad, California 92008
203-021-09 Helenbart Co.
6520 E. Exeter Boulevard
Scottsdale, Arizona 85251
203-022-01 Robert A. and
Audrey J. Kolb
2480 Ocean Street
Carlsbad, California 92008
203-022-02 Fred S. Hilpert
2490 Ocean Street
Carlsbad, California 92008
203-022-03 Joseph B. and
Jean F. Platt
709 Hardvard Avenue
Claremont, California 91711
2489 Ocean Street
164 Pacific Avenue
1975
I
I
-
L. B. Hamun
2445 Ocean Street
Carlsbad, CA 92008
Roy H. Palmateer.
2497 Ocean Street
Carlsbad, CA 92008
Mr. & Mrs. Albert E. Stein
2489 Ocean Street
Carlsbad, CA 92008
Mr. & Mrs. Blame Christiansen
P.O. Box 188
Carlsbad, CA 92008
Helenbart Co.
6520 E. Exeter Blvd
Scottsdale, AZ 85251
- ..
Mr. & Mrs. Robert A. Kolb
2480 'Ocean Street
Carlsbad, CA 92008
ji
-'-----.-.'-- -*----'---'-*---- ---'------------
Fred S. Hilpert Mr. & Mrs. Joseph B. Platt
2490 Ocean Street 709 Hardvard Avenue I
Carlsbad, CA 92008 Claremont, CA 91711
Mr. & Mrs. Victor Be
7835 Baysinger Stree
Downey, CA 92041
----- ... -
Naimco, Inc. 1
5605 El Cajon Blvd I San Diego, CA 92115
Virginia W. Lawrenson
2424 Garfield Street
Carlsbad, CA 92008
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DCC Date: 5/1179 PC Date r2/q 119
Applicant: LE')( zPsc
Engr. or Arch.
Brief Legal: MAP 177 /2g&WVjg= ?A3'J t.ar ?.—pD it4 TI4. 2DUI4W QE
r)tAtD F. , I1?4
Assessor Book: Page: 6pi Parcel: iD
General Plan Land. Use Description: _
Existing Zone: . -Proposed Zone:
Acres:_ No. Lots: Lots: _DU's DU/Acre
school District: S .
Water District: Sanitation District:y
Coast Permit Area: .
• V-290(2)
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Planning Commission of
the City of Carlsbad will hold a public hearing at the
City Council Chambers, 1200 Elm Avenue, Carlsbad, California
at 7:00 P.M. on Wednesday, June 27, 1979, to consider a
variance to allow less than the required 480 cubic feet of
storage for two units on property generally located on the
west side of Ocean Street between Pacific Avenue and Ocean
Street, and more particularly described as:
Lot 2, Granville Park, in the County of San Diego,
State of California, according to Map thereof No.
1782 filed in the Office of the Recorder of San
Diego County, February 21, 1924, excepting therefrom
that portion thereof, if any, lying below the mean
high tide line of the Pacific Ocean.
Those persons wishing to speak on this proposal are cordially
invited to attend the public hearing. If you have any questions
please call 729-1181, extension 25.
APPLICANT: S. Ziper
PUBLISH: June 13, 1979
CITY OF CARLSBAD PLANNING COMMISSION
.
17
NOTICE OF PUBLIC HEARING
APPEAL V-290
NOTICE IS HEREBY GIVEN that the City Council of the City of
Carlsbad will hold a public hearing at the City Council Chambers, 1200 Elm
Avenue, Carlsbad, California,. at 6:00 P.M. on TUESDAY, August 21, 1979,
to consider an appeal of a Planning Commission denial of a Variance to
reduce the number of required visitor parking spaces per unit from 2 to 1
said spaces to be located on the street on property generally located on the
west side of Ocean Street between Pacific Avenue and Mountain View, and more
particularly described as:
"Lot 2, Granville Park, in the County of San Diego, State of
California, according to Map thereof No. 1782, filed in
:the Office of the Recorder of San Diego County, February 21,
1924, excepting therefrom that portion thereof, if any, lying
below the mean high tide line of the Pacific Ocean.
APPLICANT: STANLEY ZIPSER
PUBLISH: August 8, 1979 CARLSBAD CITY COUNCIL
203-023-21
Richard W. & Joanne
Stuetz
2833 Virginia Avenue
• Anaheim, CA 92806
203-023-20
Sveto Kromar
• 202 Pacific Avenue
Carlsbad, CA 92008
203-010-14
McMahan Furniture
Box 7000
Carlsbad, CA 92008
List of people within
300 feet of 2459 Ocean
Fl
203-022-03
•Joseph B. & Jean F. P1at
495 E. Twelfth Street
I Claremont, CA 91711
203-021-02 203-023-01
Virginia W. Lawrenson
Stanley Zipser 2424 Garfield Street
1901 Ave of Stars, #8 Carlsbad, CA 92008
Los Angeles, CA 9006.7
203-021-03
Albert E. Stein, Jr.
P.O. Box 306
Rancho Santa Fe, CA
92067
203-021-04
C.F. Christiansen &
H. Blame
Box 188
Carlsbad, CA 92008
203-021-08
Roy H. Palmateer
2497 Ocean Avenue
Carlsbad, CA 92008
203-021-09
Charles E. & Helen F.
Bartley
6520 E. Exeter Blvd.
Scotsdale, AZ 85251
203-021-01
L.B. Hamlin
Box 998
Big Bear, CA 92315
203-022-10 /203-025-01
Army & Navy Academy
Carlsbad, CA 92008
203-022' 01 and 05
Robert A. & Audrey J.
Kolb
2480 Ocean Avenue
Carlsbad, CA 92008
203-022-09 •
Victor & Josephine
Bertelli
7835 Baysinger Street
Downey, CA 90241
203-022-02
FredS. Hilpert & Alice
M. Mashbir
2400 Ocean Street
NOTICE OF PUBLIC HEARING
APPEAL V-290
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will
hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California,
at 6:00 P.M. on Tuesday, June 5, 1979, to consider an appeal of a Planninci Commission
denial of a variance to reduce the number of required visitor parkinci spaces per unit from
2 to 1, said spaces to be located on the street on property generally located on the west
side of Ocean Street between Pacific Avenue and Mountain View, and more particularly des-
cribed as:
Lot 2, Granville Park, in the County of San Diego, State of
California, according to Map thereof No. 1782, filed in the
Office of the Recorder of San Diego County, February 21,
1924, excepting therefrom that portion thereof, if any,
lying below the mean high tide line of the Pacific Ocean.
APPLICANT: S. Zipser
PUBLISH: May 23, 1979
CARLSBAD CITY COUNCIL
03-021-02 203-022-03 Mr. Stanley Zipser Joseph B. & Jean F. Platt
1901 Ave. of the St.rs, #8... 1495 E. Twelfth Street
Los Angeles, CA. 90067 Claremont, CA. 91711
pq
203-021-03
Albeft B. Stein, Jr.
P. 0. Box 306
Räncho Santa Fe, CA. 92067
203-023-01
Virginia W. Lawrenson
214214 Garfield Street
Carlsbad, CA. 92008
203_021_01+ 2Q0222l4' A C. F. Christiansen & H.Blaine
• P. 0. Box 188
Carlsbad, CA. 92008
203-021-08 i 203-023-21 Roy H. Palniateer H Richard B. & Joanne Stuetz 21497 Ocean Avenue . 2833 Virginia Avenue
Carlsbad, CA. 92008 Anaheim, CA. 92806
:
203-021-09. 1 203-023-20 Charles B. & Helen H. Bartly Sveto Kromar
6520 E. Exeter Blvd. 20.2 Pacific Avenue
Scotsdale, Arizona 85251 Carlsbad, CA. 92008
fl I
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203-021-01
L. B. Hamlin
P. 0. Box 998
Big Bear, CA 92315
203-022-10
Army & Navy Academy
Carlsbad, CA. 92008
203-022-01
Robert A. & Audrey J. Kolb
21480 Ocean Avenue
Carlsbad, CA.. 92008
203-022-05
Robert A. & Audrey J. Kolb
21480 Ocean Avenue
Carlsbad, CA. 92008
203-022-09
Victor, Jr. & Josephine
Bertelli
7835 Baysinger Street
Downey, CA. 902141
2O3-O2202
Fred S. Hilpert & Alice M.
Mashbir
•,,-
1 203-025-01
Army & Navy Academy
Carlsbad, CA. 92008
203-010-114
McMahan Furniture
P. 0. Box 7000
Carlsbad, CA. 92008
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S V-290 I
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Planning Commission of
the City of Carlsbad will hold a public hearing at the City Council
Chambers, 1200 Elm Avenue, Carlsbad, California, at 7:00 P.M. on
Wednesday, May 9, 1979, to consider a variance to reduce the number
of required visitor parking spaces from 2 to 1 space located on the
street on property generally located on the.west sidë':ofOceän: .Street
Pacific Avenue and Mountain View, and more particularly described as:
Lot 2, Granville Park, in the County of San Diego,
State of California, according to Map thereof No. 1782
filed in the Office of the Recorder of San Diego
County, February 21, 1924, exceping therefrom that
portion thereof, if any, lying below the mean high
tide line of the Pacific Ocean.
Those persons wishing to speak on this proposal are
cordially invited to attend the public hearing. If you have any
questions please feel free to call 729-1181, extension 25.
APPLICANT: S. Zipsér
PUBLISH: April 28, 1979
CARLSBAD PLANNING COMMISSION
between
Carlsbad Journal0
Decreed A Legal Newspaper by the Superior Court of San Diego County
3088 PlO PICO AVENUE • P.O. BOX 248 'CARLSBAD, CA 92008 • 729-2345
Proof of Publication
STATE OF CALIFORNIA, s.
COUNTY OF SAN DIEGO,
I am a citizen of the United States and a resident of the county aforesaid;
I am over the age of eighteen years, and not a party to or interested in the above entitled matter.
I am principal clerk of the printer of the Carlsbad Journal a newspaper of general circulation,
printed and published twice weekly in the City of Carlsbad, County of San Diego, State of California, and
which newspaper is published for the dissemination of local news and intelligence of a general
character, and which newspaper at all times herein mentioned had and still has a bona fide subscription
list of paying subscribers, and which newspaper has been established, printed and published at regular
intervals in the said City of Carlsbad, County of San Diego, State of California, for a period exceeding
one year next preceding the date of publication of
_________ the notice hereinafter referred to; and that the
NQTtCEQFIUBLTC; notice of which the annexed is a printed copy, has
HEARING - been published in each regular and entire issue of
said newspaper and not in any supplement
NOTIC5ISJIEREBY GIVEN that the
Planning -Commission bf.the City, of thereof on the following dates, to-wit:
Carlsbad'wilr hold a public hearing at the City Council Chambers, 1200 Elm Avenu, Carlsbad, California, at 7:00 P.M. on Wednesday, May9, 1979, to con- siderh variance to reduce the number A 1 ' 1979 . . . itP.1 r ofrequired visitor-parking spaces from
2 to 1 space located on the street on property generally located , on the west side of Ocean Street between Pacific Avenue and Mountain-View, and more 1 9 . particularly described-as: Lot 2, Granville Park, in the Countyof San Die'go, State of talifornia, aCcord- ng to Map thereof N. 1782 filed-in the
Office of ,the Recorder of San Diego 1 9 County, February 1, 1924, excepting .
therefrom that portion. thereof, if any, lying below the meanhigh tide line bf the Pacific Ocean, Those- persons wishing to speak on
this proposal-are cdrdiallj invited to at- téndthe public hearingi -If you hOve any questions please feel free to call 729- 1181; extensio.25. Applicant: S. ZIPSER -
CARLSBAD PLANNING, 19. COMMISSION
CJ S220: April 28, 1979
I certify under penalty of perjury that the foregoing is true
and correct. Executed at Carlsbad, County of San Diego,
State of California on the 28th
day of April 1979
Clerk of the Printer
.
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' of right-of-way along
Ocean Street has caused a hardship, but because
of the nature of the street 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 area 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) Development shall be substantially as shown on Exhibit
"B", 'Proposed Parking and Driveway".
2) 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."
BP : a
-2-
. .
MEMORANDUM
DATE: October 10, 1979
TO: Planning Commission
FROM: Planning Department
SUBJECT: VARIANCE 290, ZIPSER
The City Council is requesting a further report by the
Planning Commission on the 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 Department on the parking problems on Ocean Street.
After considering this evidence, the City Council 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
IWAM
S I
MEMO R A N D U M
Date: August 31, 1979
To: City Council
Re: AB 5869 - Sup #2 - APPEAL OF VARIANCE 290, ZIPSER
At their meeting of August 21, 1979, Council continued
the subject item to enable staff to study the design
presented by the applicant, and directed that the
matter be returned at the meeting of September 4, 1979.
Due to conflicting schedules, the applicant has requested
a continuance of the matter to the next regular meeting,
expresses appreciation for Council's patience.
Council Action:
9-4-79 Council continued the matter to the next regular meeting.
I .
MEMORANDUM
DATE: August 30, 1979
TO: City Council
FROM: Planning Department
SUBJECT: ZIPSER VARIANCE
Planning staff and the City Engineer 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 encroachment into
the recently dedicated five (5) feet of additional
right-of-way, but would also require a one (1) foot
encroachment 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 design.
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
around to Carlsbad Boulevard.
3. It appears that the design on the building plans
(attached as Exhibits B and 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.
Attachitnents:
Referenced Exhibits A, B and C
Memo from City Engineer, dated 8/29/79
Letter from Mr. Banche, dated 8/28/79
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MEMORANDUM - August 29, 1979
TO: City Council
FROM: City Engineer
SUBJECT: ZIPSER 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 spaces. 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.
Les Evans
City Engineer
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PLOT PLAN EXHIBIT "B
PROPOSED PARKING & DRIVEWAY
MEMORANDUM
DATE: June 5, 1979
TO: ' Planning Commission
FROM: Planning Department 49-
SUBJECT: V-290(2), ZIPSER - VARIANCE FOR REDUCTION IN REQUIRED
STORAGE SPACE FOR PROPOSED TRIPLEX CONDOMINIUM ON
OCEAN STREET.
The referenced item was continued by the Planning Commission to
the June 27, 1979, hearing to allow sufficient time for the
applicant to redesign his plan for additional storage space.
The applicant has since met with planning staff and presented
plans that now indicate acceptable storage areas of sufficient
size to satisfy the requirements of the Condominium Ordinance.
Thus, the need for a variance from this section of the Code no
longer exists, and the request has been withdrawn.
The applicant, however, has appealed to the City Council, the
Planning Commission denial of his other variance request for
reduction in guest parking requirements. This item was to be
heard by the Council at their June 5, 1979 meeting, but the
applicant has requested that the item be continued to a later
date.
DA/ar
FOR4ATION REQUEST FORM
. 1.
DATE:
TO: Parks and Recreation 0
FJr,(4 CARLSBAD PLANNING DEPARTMENT CASE No.
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ON n s'rpEEr:
The attached information is for your review and comment. This item is -
scheduled for review by the D.C.C. on
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considered please respond in the space. below reserved for comments.
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(attach additional sheet T necessary)
Form PL 51/78
. FORMATION REQUEST FORM • 52 4 2%
DATE: i/is ox
TO: Utilities Department -
FROM: CARLSBAD PLANING DEPARTMENT CASE N0 V-
fl PP V½ ON ri- 8T1E.Er
The attached information is foryour review and comment. This item is
scheduled for review by the D.C.C. on
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considered please respond in the space below reserved for comments.
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ItAR 29 1979
CITY OF: CARLSAD. PJann,in
(attach additional sheet if necessary) .
Form PL 51/78
L FORMATION REQUEST FORM
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DATE:
TO: Water Department V
FROM CARLSBAD PLANNING DEPARTMENT V CASE Nbc,
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The attached information is for your review and comment. This item is
scheduledfor review by the D.C.C. on
If you have comments or you want certain conditions of approval to be V
considered please respond in the space below reserved for comments.
ISSUES:
V
PATt4A IVAB .,
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Form PL 51/78
L FORMATION REQUEST FORM
DATE:
TO: Engixeering Department •
FROM: CARLSBAD PLANNING DEPAEtTNENT 'CASE NO.
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flPiEt' VIT A 4?A4LEI LPJQAT
ON TI4E. STFEEc :
The attached information is for your review and comment. This item is:
scheduled for review by the D.C.C.on
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considered please respond in the apace, below reserved for comments..
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WILLIAM H. DAUBNEY
NICHOLAS C. BANCHE
LAW OFFICES OF
IJALTNEY AND BANCHE
PROFESSIONAL CORPORATIONS
702 FOURTH STREET
POST OFFICE BOX 390
OC2ANSWE, CALIFORNIA 92054
AREA CODE 714
TELEPHONE 722-I88I
August 28, 1979
I)
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City Manager
City of Carlsbad
1200 Elm Avenue
Carlsbad, California YAeIsi:I
RE: Appeal G-290 (Zipser)
Dear Paul:
As a follow up to our many discussions concerning
the above referenced matter, please consider the following
as a possible solution.
Very briefly, it is my position, and one I believe to
be supported by the facts, that Mr. Zipser proceeded in the
utmost good faith to construct what was always intended as a
quality condominium project.
I believe the finished product consisting of 3 units
ringing in size from 1,700 square feet to 2,700 square feet
provides graphic evidence of that fact.
Equally graphic is the fact that he finds himself one guest
parking space short of satisfying the requirements of the con-
dominium ordinance.
My argument has always been that the public interest is
little served by forcing Mr. Zipser to maintain his 3 units as
apartments, as there will not be an additional parking place as
a result of that activity, and as a matter of fact, in the
benefit-burden concept, the cost to Mr. Zipser is enormous.
Accordingly, and in recognition that where no strong
public interest is involved, the City might well be interested
in accommodating a person in circumstances similar to Zipser's,
I suggest the following.
City Manager
August 28, 1979
Page Two
If Mr. Zipser would be permitted to encroach in the
five Loot dedication for future road widening, he could
provide ample tandem parking.
I would be willing to enter into a form of lien contract
prepared by the City Attorney, which would require Zipser to
provide some alternate form of parking, i.e., elevator or
turntable, at such time as the City would revoke the encroachment
permit.
In effect, I am assuming that the road will never be
widened, and the City is hedging the bet.
At any rate, I would most respectfully ask that this
solution be considered as it does not require the granting of
a variance and satisfies all requirements, insofar as I am able
to see them.
Sincerely,
7 - ' NICOLAS C. BANCHE
NCB: j
cc: Stanley Zipser
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TELEPHONE:
(714) 729-1181
Th
CUP of
June 25, 1979
Stanley Zipser
Attorney at Law
PASTOR & ZIPSER
A Professional Corporation
1901 Avenue of the Stars
Suite 888
Century City, CA 90067
Re: Appeal of Variance 290
2459 Ocean Street, Carlsbad, CA
Dear Mr. Zipser:
In response to your letter of June 21, 1979 which was received
by this office today, enclosed is a REQUEST TO SPEAK form, to-
gether with a "Council Bulletin" which will more fully explain
the required procedure in addressing the City Council.
Upon completion and submittal to the City. Clerk, you will be
given the opportunity to address Council prior to any action
being taken by them. As the Agenda for the Regular Meeting of
July 3, 1979 is not available until Friday, June 29, 1979, no
item number has been assigned. Therefore under "Topic", please
reference Agenda Bill No. 5869-Supplement #1 - Appeal of Variance
290.
Thank you.
AWETA DACK UURPHY,
Deputy City Clerk
Enclosures
I
LAW OFFICES
PASTOR AND ZIPSER '
A PROFESSIONAL CORPORATION ç
190 I\y5EN U'TSTARSN;
JEROME PASTOR SUiT888' .EURY CJTh'
STANLEY ZIPSER LOS ANGELcWFON,IAOO67
MIKAEL KOLTAI (213)
LEONARD J. MEYBERG, JR.
OF COUNSEL
June 21, 1979
Clerk
City of Carlsbad
1200 Elm Street
Carlsbad, California 92008
Re: 2459 Ocean Street, Carlsbad
Dear Sir:
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 assicrd - a fact mentioned during
a telephone discussion with the Clerk 3 or City Manager's office
prior to sendirg 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.
.
I
Clerk
City of Carlsbad
June 21, 1979
Page 2
I understand
the Planning staff is
It is, therefore, my
delayed until after a
that on July 3 some
to be furnished you
further request that
rescheduled hearing
documentation from
for your examination.
such procedure be
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.
Mayl have a reply at your earliest convenience.
Verytruly you'r's--m
Stanley Zi e±
S z/b
Enclosure
Anthony J. Skotnicki, Vice Mayor
and Council Member
Claude A. Lewis
Council Member
Mary H. Casler
Council Member
Girard Anear
Council Member
/
cc: Paul Bussey,
City Manager
Ronald C. Packard, Mayor
and Council Member
LAW OFFICES
PASTOR AND ZIPSER.
A PROFESSIONAL CORPORATION
JEROME PASTOR
STANLEY ZIPSER
MIKAEL KOLTAI
LEONARD J. MEYBERG, JR.
OF COUNSEL
5. 'i
2\
RECEIVED
City Clerk's Offk
Clily of Carlsbad
4%IVENUE OF THE STARS
888• CENTURY CITY
LOS ANGELES, CALIFORNIA 90067
(213) 277-3411
June 1, 1979
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Clerk
City of Carlsbad
1200 Elm Avenue
Carlsbad, California 92008
Dear Sir:
Please consider this letter as a request that
the date of June 5 assigned for the hEaring on the appeal
to the City Council with respect to the Planning Commission
denial of a variance to reduce the number of required visitor
parking spaces of the improvement at 2459 Ocean Street,
Carlsbad, California, be continued to the next hearing date
convenient to the Council's calendar.
Your courtesy in granting this request will be
appreciated.
:ru,.L-7 your
7
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cc: Paul Bussey
CD
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LAW OFFICES
PASTOR AND ZIPSER
A PROFESSIONAL CORPORATION
JEROME PASTOR
STANLEY ZIPSER
MIKAEL KOLTAT
LEONARD J. MEYBERG, JR.
OF COUNSEL
fl
1901 AVENUE OF THE STARS
SUITE 888. CENTURY CITY
LOS ANGELES, CALIFORNIA 90067
(213) 277-3411
June 1, 1979
CERTIFIED NAIL
RETURN RECEIPT REQUESTED
Clerk
City of Carlsbad
1200 Elm Avenue
Carlsbad, California 92008
Dear Sir:
Please consider this letter as a request that
the date of June 5 assigned for the hearing on the appeal
to the City Council with respect to the Planning Commission
denial of avariance to reduce the number of required visitor
parking spaces of the improvement at 2459 Ocean Street,
Carlsbad, California, be continued to the next hearing date
convenient to the Council's calendar.
Your courtesy in granting this request will be
appreciated.
Very truly yours,
Stanley Zipser
S Z/b
cc: Paul Bussey
RECEIPT FOR CERTIFIED MAlL-30ç (plus postage)
SENT TO Clerk, City of ,Carlsbad POSTMARK
OR DATE
STREET AND NO. 1200 Elm Avenue
P.O., STATE AND ZIP CODE
Carlsbad, Ca1iforia 92008
OPTIONAL SERVICES FOR ADDITIONAL FEES
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1200 Elm Avenue
Carlsbad California 92008 SC 3. ARTICLE DERIPTION:
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(Always obtain signature of addressee or agent)
lhaver ved the article described b We.
SIGN UR 0 Addressee Auth rized agent - czz-
H.
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POS A
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1979
6. UNABLE TO DELIVER BECAU ' • ALS
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/ UNITED STATES POSTAL SERVICE
OFFICIAL BUSINESS
SENDER INSTRUCTIONS PENALTY FOR PRIVATE USE TO AVOID PAYMENT
Print Complete items 1, 2 and 3 on the reverse. I
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JUN 6 1979 -
of Sender)
ZIPSJJ
IROFESSIONAJ CORPORATION
AVLT S Z-Carlsbad 2LTITr, 888 - fURy CITY •
ANGELES CALIFORNIA 900
(Citç State, and ZIP Code)
1200 ELM AVENUE TELEPHONE:
CARLSBAD., CALIFORNIA 92008 (714) 729-1181
Qtttp of Carlibab
May 30, 1979
Mr. Stanley Zipser
1901 Avenue of the Stars, Suite 888.
Los Angeles, California 90067
SUBJECT:0, VARIANCE REQUEST TO DEVIATE FROM CONDOMINIUM
SPACE REQUIREMENT
Dear Mr. Zipser:
As a result of our meeting in the Planning Department on May 30, 1979,
I am taking the subject request off of the Planning Commission agenda
of June 27, 1979, and closing the file. As you recall at the meeting
we were able to locate additional areas for storage space not previously
considered. The Condominium Ordinance requirement of 480 cubic feet of
storage area per dwelling unit, could in fact be achieved, and thus the
need for a Variance no longer exists.
The matter of fulfilling the guest parking requirements of the Condominium
Ordinance has yet to be resolved. Presently, you are scheduled for June 5,
1979, City Council meeting to hear an appeal of the Planning Commission
denial of your Variance request (V-290(1) for reduced guest parking. We
also discussed the possibility of a single curb cut to your property that
would allow for two on-street parking spaces. This proposal proved to be
a problem since it requires encroachment of the paved access area into
the five-foot dedication strip along your Ocean Street frontage. You
were going to approach the City Engineer on the potential of eliminating
the dedication of that five-foot strip, or obtaining a permit to encroach
into the right-of-way.
Good luck with your attempts to receive relief. If.I can be of any assistance
do not hesitate to call.
You s Truly,
DAVID ABRAMS
Assistant Planner
cc: City Engineer
DA/ar
.
LAW OFFICES
PASTOR AND ZIPSER
A PROFESSIONAL CORPORATION
JEROME PASTOR
STANLEY ZIPSER
MIKAEL KOLTAI
LEONARD J. MEYBERG, JR.
OF COUNSEL
1901 AVENUE OF THE STARS
SUITE 888• CENTURY CITY
LOS ANGELES, CALIFORNIA 90067
(213) 277-3411
May 22, 1979
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Clerk
City of Carlsbad
1200 Elm Avenue
Carlsbad, California 92008
Dear Sir:
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 u1y y6urs7
Sz/b
.4 .
MAY 1979
RECEIVED
City Clerk's Off[c
City of Carlsbad ,(uJ
.
C
-13
.
LAW OFFICES
PASTOR AND ZIPSER
A PROFESSIONAL CORPORATION
JEROME PASTOR-
STANLEY ZIPSER
MIKAEL KOLTAI
LEONARD J. MEYBERG, JR.
OF COUNSEL
1901 AVENUE OF THE STARS
SUITE 888 CENTURY CITY
LOS ANGELES, CALIFORNIA 90067
(213) 277-3411
May 10, 1979
CERTIFIED NAIL
RETURN RECEIPT REQUESTED
Clerk
City of Carlsbad
1200 Elm Avenue
Carlsbad, California 92008
Dear Sir:
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
Odinance No. 9516, to allow a reduction in visitor
parking, and from Section 21.47.130(6), to allow less
than the required 480 cubic feet of storage space for
two units) 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
116
MI( 'g19
RECEVED
city qJ,3rJ<S fjc]
CIV of Car1S
(F(PLANNING ENGINEERINGARCHITECTURE
E. F. COOK & ASSOCIATES, LTJ
5858 MT. ALIFAN DRIVE, SUITE 200 SAN DIEGO, CALIFORNIA 92111 Telephone: (714) 279-2823
E. F. COOK ((CE
J. P. OWEN AlA
R. E. GADDY
J. C. LEPPERT
May 1, 1979]7
Mr P lender
Pla ning Department
City of Carlsbad
Carlsbad, California 92008
Re: Zipser Variances - Application V-290
File Code: TC-16.01-40.78
Dear Mr. Plender:
2
CITY OF CARLSBAD
At the Planning Department review of Application V-290 by Zipser for a variance
to the parking requirements as well as the outdoor storage requirements for the
Zipser Condominium which is being constructed on Ocean Avenue, I determined that
you did not make reference in your report to our requested variance to the required
outdoor storage for condominium conversions. In filing our application with you,
we inadvertently left this request out of line number 1, Title Request, but we
discussed the required storage under paragraph 4 for supplemental information for
the variance.
Enclosed please find a tabulation of the various areas that I consider that are
available for outdoor storage for this project. The condominium conversion ordinance
requires a minimum of 480 cubic feet of outdoor storage or storage that is readily
available from the outside for each living unit. I have analyzed the plans for this
project and find that we can provide 257 cubic feet for Plan "A", 604 cubic feet for
Plan "B" and 352 cubic feet for Plan "C" for a total of 1213 cubic feet, when a total
of 1440 cubic feet is required. Of the 1213 cubic feet that is available, we would
have to still construct "over the hood" storage cabinets in the two garages so that
the A Unit would have 67 cubic feet, the B Unit would have 67 cubic feet and the C
Unit would have 112 cubic feet. These "over the hood" storage cabinets are included
in the 1213 cubic feet of storage area that would be available. Therefore, our
variance request is small, consisting of a shortage of 227 cubic feet for all three
units. However, the Unit A and the Unit C do not meet the minimum requirements. The
B Unit would meet the minimum requirements. The A Unit would e shortcubic feet
of the required 480 cubic feet. The C Unit would be shor 128 ubic feet of its
required 480 cubic feet. The B Unit would have an excess of 124 cubic feet.
I would like to point out that the building is under construction at this time and
can be viewed to determine how much storage is available in the building as a whole.
You will find that quite adequate storage space is being provided throughout the
building, and the requirement for 480 cubic feet of storage accessible from the
outside does not seem to be a valid requirement for this project. There will be
little need for the storage of a large amount of outdoor maintenance equipment.
. I
Mr. Bud Plender -2- May 1, 1979
TC-16.01-40.78
If you have any questions about this oversight on the variance report, please
give me a call.
Very truly yours,
E. F. COOK & ASSOCIATES, LTD.
77 (.tP6"k(
E. F. Cook
Chief Engineer
EFC:fjd
End.
cc: Mr. Stanley Zipser
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1200 ELM AVENUE TELEPHONE:
CARLSBAD, CALIFORNIA 92008
(714) 729-1181
QC' ttp of QCC a rab
DATE: April 12, 1979
TO: Stanley Zipser, 1901 Avenue of the Stars
(Applicant) Suite 888
Los Angeles, CA 90067
SUBJECT: NOTICE OF COMPLETED APPLICATION,
CASE NO: V-290
We have determined that your application for variance
(type of
is complete. This item will
application)
be heard at the Pla aning Commission Meeting on May 9, 1979
provided we receive your $150.00 application fee by
April 25, 1979 We would like to have you attend
(date)
this meeting, which starts at 7:00 P.M. -
In addition, there will be a Departmental Coordinating Committee
Meeting on May 1, 1979 , starting at 9:00 A.M. The
preliminary staff report will be reviewed at this time. We will
notify you if we want you to attend this meeting.
If you have any questions, please contact me at 729-1181,
extension 25.
Sincerely,
PLANNING ARTMENT
KJL/ar
4/4/79
PLANNINGENGINEERINGARCHITECTURE 1) LETTER OF TRANSMITTAL
E. F. COOK & ASSOCIATES, LTD. Ef (
JJ
5858 MT. ALIFAN DRIVE, SUITE 200 SAN DIEGO, CALIFORNIA 92111 Telephone: (714) 279-2823
ATTENTION Ms. R-- C.-ry
DATE
3- 19-79
FILE CODE I Tc ,o4o'is
COMPANY
Pt.N1 DEpfl41y
REFERENCE TO
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STREET
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CITY STATE ZIP
GENTLEMEN: Transmitted herewith are the following DRAWINGS
DOCUMENTS EAPPLICATIONS []PAYMENTS as described below for your
DREFERENCE 0 ACTION MAPPROVAL SPROCESSING DPER YOUR REQUEST.
Items being sent under seperate cover will be delivered via:
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TRANS 1975
F
S
1200 ELM AVENUE TELEPHONE:
CARLSBAD, CALIFORNIA 92008
(714) 729-1181
City of ri1iab
July 12, 1978
Mr. Stanley Zipser
1901 Avenue of the Stars-
Suite 888
Los Angeles, California 90067
RE: CONDOMINIUM/CONDOMrNILJM CONVERSION REGULATIONS
The Carlsbad Planning Conrinission, on June 28, 1978, adopted as a
recommendation to the City Council, the zone code amendment regarding
condominiums and condominium conversions. This item is scheduled to
be heard by the City Council on August 1, 1978.
For your information the draft ordinance is enclosed. This ordinance,
as recommended, contains provisions for design criteria and specific
development standards. These provisions do not appear to be difficult
to meet for new condominium construction., but there may be some
difficulties with converting existing apartments to condominiums.
However, thi Planniig Co sgiun is rscorrunridirig flexibility in these
development standards -for conversion of existing buildings to
condominiums if certain findings can be made (see Section 15 on Page 7).
If you have any questions on this matter, please feel free to call me,
or Bud Flender of my office. -
Sincerely,
5Li4is C. Hagaman---;
PJL4NNING DIRECTOR /
JCH:ar
Enclosure
• csfgyilnc, O EU) ruNr)v un;vr
LOS ANGELES. CA 900(36 ENVIRONMENTAL DESIGN 213/3916768 39676
(emr,l9u7
Sewer Alloation Committee
Carlsbad CIty Council
City Hall, "1200 Elm Avenue
Carlsbad CA. 2008
RE: Zipser Condomini
Dear Sirs,
The owner of the proposed three-unit, beach-side condominium at 2459 Ocean Street,
Carlsbad, now being considered for sewer service allocation has agreed to the
following water, energy and sewerage conservation tactics:
Water System
Total water consumption for the proposed residences will be reduced by the use
of restrictor faucets at kitchen sink and lavatories, Flow Control head or in-
line restrictor aid thermostatic mixing value at showers,.insulated and recircu-
lating hot water pipelines, 3 gallon capacity toilets, cycle-adjust dishwashers
and water-level-adjust clothes washer.
Energy System
Total energy consumption for the proposed residences will be reduced by the use of
Electro Spark gas appliances, thermopane windows, wall and roof insulation, and a
domestic hot water heater solar augment system similar to the Grumman Sunstream System.
Sewer System
Total sewer discharge for the proposed residences will be reduced by the lowered use of
water outlined above. It should also be noted that the owner is concurrently investigating
the application of a septic tank/seepage pit system to handle the full proposed discharge.
City sewer system effluent discharge by this house could be reduced by a partial self-
disposal system augment on site, handling, for instance, only kitchen or laundry room
water discharge.
Experimental Systems
The owner has expressed interest in applying some of the new technologies being
developed in Grey Water recycling and wind electrical power generation. The results
of either of these systems cannot be reliably predicted, but could effectively reduce
water and power consumption.
A grey water system for these residences if approved (County Health), would take lightly
tainted water, such as generated by a person using a shower, or perhaps from a laundry
(if bio-degradable detergents used), and store this water centrally to be reused either
in landscaping irrigation or for flushing toilets. The water might, in its recycle,
receive a slight treatment such as filtering. The estimated water savings from such a
system might run about 30%.
EXHIBIT 1 - Page 1 of 2 Pages
: a
Sewer Allocation Committee
Carlsbad City Council
November 23, 1977
Page 2
A wind powered electrical generator running atop this breezy seaside location
might generate enough electricity daily to power 12 volt exterior/security
lighting each night, thereby reducing total electrical input by about 20%. This
system would not be fool-proof or wholly predictable so would still need a regular
system augment. A whirlagig on the roof-top of this proposed residence building
might be too much as far as the existing neighbors are concerned, so the owner
doesn't really expect to make full use of this electrical system.
Sincerely,
• , Arc *
. Scott Carter,
Architect
ALIE DESIGN, INC. •
JSC:ti •
cc: Mr. Stan Zipser
EXHIBIT 1 - Page 2 of 2 Pages
. 0
STAFF REPORT
DATE: May 9, 1979
TO: Planning Commission
FROM: Planning Department
RE: V-290
APPLICANT: Zipser
REQUEST: VARIANCE TO ALLOW REDUCTION IN REQUIRED VISITOR
PARKING FROM TWO SPACES TO ONE SPACE IN A
CONDOMINIUM
Background
Location and Description of Property
The subject property is located on the west side of Ocean Street
between Pacific Avenue and Ocean Street. There is a triplex
under construction on this lot, which faces the Pacific Ocean.
This property at 2459 Ocean Street contains .23 acre.
Existing Zoning
Subject Property:
North:
South:
East:
West:
Existing Land Use
Subject Property:
North:
South:
East:
West:
R-3
R-3
R-3
R-3
Open Space
Triplex under construction
Apartments
Apartments
Apartments
Pacific Ocean
General Plan Information
This property is designated RH, Residential-High Density. The
density allows 20-30 dwelling units per acre. This project has
a density of 13.1 du/acre. The Circulation Element requires
that all new developments have adequate off-street parking.
Environmental Impact Information
This project is exempt from environmental review according to
Section 19.03.090(c) (4) which exempts minor alterations in land
use limitations.
Public Facilities
All necessary services are available for this project. The appli-
cant was required to dedicate five feet along Ocean Street for
future improvements, but was not required to make the improvements.
Past History and Related Cases
Condominium Ordinance, City Council Resolution No. 9516.
The City Coundil adopted a condominium conversion ordinance
on September 19, 1978, which added Section 21.47 to the Carlsbad
Municipal Code. This section regulates development standards for
new condominiums and condominium conversions. The standards include
setbacks, parking requirements, guest parking areas, storage space,
open recreation areas, laundry areas and refuse collection facilities.
This section requires that all condominium projects or conversions
apply for a condominium permit.
V-276, Zipser, Planning Commission Resolution No. 1438.
On March 22, 1978, the Planning Commission approved a reduction
in the side yard requirements on this property from 7.5' to 5' to
allow for a garage. The findings for this variance were: 1) that
similar variances have been granted on Ocean Street to continue the
intensity of development and 2) that other properties in the area
have 5' side yards.
Major Planning Considerations
1. Can the required findings for variance approval be made?
2. Does the granting of this variance constitute a special
privilege?
3. Will the granting of this variance act as a precedent?
KL : rwc
04/11/79
-2-
STAFF REPORT
.
DATE:
TO:
FROM:
RE:
APPLICANT:
May 9, 1979
Planning Commission
Planning Department
V-290
Zipser
REQUEST: VARIANCE FROM:
1) SECTION 21.47.130(2) TO ALLOW A REDUCTION
IN REQUIRED VISITOR PARKING FROM TWO SPACES
TO ONE SPACE;
2) SECTION 21.47.130(6) TO ALLOW LESS THAN THE
REQUIRED 480 CUBIC FEET OF STORAGE FOR
TWO UNITS.
Background
Location and Description of Property
The subject property is located on the west side of Ocean Street
between Pacific Avenue and Ocean Street. There is a triplex under
construction on this lot, which faces the Pacific Ocean. This
property at 2459 Ocean Street contains .23 acre.
Existing Zoning
Subject Property:
North:
South:
East:
West:
Existing Land Use
R-3
R-3
R-3
R-3
Open Space
Subject Property: Triplex under construction
North: Single family dwelling, vacant land
South: Single family, apartments
East: Apartments
West: Pacific Ocean
General Plan Information
This property is designated RH, Residential-High Density. The
density allows 20-30 dwelling units per acre. This project has a
density of 13.1 du/acre. The Circulation Element requires that
all new developments have adequate off-street parking.
Environmental Impact Information
This project is exempt from environmental review according to
Section 19.04.090 (c) (4) which exempts minor alterations in land
use limitations.
S .
Public Facilities
All necessary services are available for this project. The
applicant was required to dedicate five feet along Ocean Street
for future improvements, but was not required to make the improve-
ments.
Past History and Related Cases
V-291, Von Elten.
On April 25, 1979, the Planning Coinmisison denied a variance to
reduce required parking for a condominium. This project involves
an 80 unit conversion, with only 128 of the required 183 spaces.
The complex did not supply the two required spaces per unit. In
addition, there was no guest parking provided. There were no
exceptional circumstances on this property which denied a property
right available to other properties in the vicinity and zone.
Condominium Ordinance, City Council Resolution No. 9516.
The City Council adopted a condominium conversion ordinance on
September 19, 1978, which added Section 21.47 to the Carlsbad Municipal
Code. This section regulates development standards for new condominiums
and condominium conversions. The standards include setbacks, parking
requirements, guest parking areas, storage space, open recreation
areas, laundry areas and refuse collection facilities. This section
requires that all condominium projects or conversions apply for a
condominium permit.
V-276, Zipser, Planning Commission Resolution No. 1438.
On March 22, 1978, the Planning Commission approved a reduction in the
side yard requirements on this property from 7.5' to 5' to allow for
a garage. The findings for this variance were: 1) that similar
variances have been granted on Ocean Street to continue the intensity
of development and 2) that other properties in the area have 5' side
yards.
Major Planning Considerations
1. Can the required finding for variance approval be made?
2. Does the granting of this variance constitute a special privilege?
3. Will the granting of this variance act as a precedent?
Discussion
The applicant is requesting a variance for the parking requirements,
Section 21.47.130(2) and from the storage space requirement,
Section 21.47.130(6). If the variance is approved, the applicant intends
to apply for a permit to convert the triplex to condominiums.
Since there are only three units, the applicant would apply for a
minor subdivision and condominium-permit. These are handled
in-house by the Engineering and Planning Departments. Approval
of the variance would reduce the required guest parking from two
spaces to one space. One guest space is required for every two
units. The variance will also reduce required storage space.
Two of the units have less than the required 480 cubic feet, 257 and
352 cubic feet. The third unit has 604 cubic feet of storage.
.2
. .
The subject property is located between Ocean Avenue and the public
beach in an intensively developed R-3 zone. Parking will not be
allowed on the east side of Ocean Avenue, which will reduce the
amount of parking available on the west side for the existing residents.
In addition, there is a public beach access north of the property which
further reduces the available on-street parking since there is no public
parking lot. The beach access, the "no parking zone", and the existing
high density have already created a parking problem, particularly
on weekends and in the summer months.
The applicant has provided one on-street space as a guest parking
space. The condominium ordinance states that "credit may be given
for on-street parking for parking spaces available on the public street
directly in front of and on the same side of the street as the project."
The one, on-street space, may or may not be granted as an available
space for this project. Given the current parking situation in the
area, it is unlikely that this space will remain available to this triplex.
Although the variance is a request to allow only one guest parking
space, the applicant has not yet been granted the one on-street
space as a guest space. Therefore, it cannot be assured that any
guest parking will be available for this project.
The applicant had originally intended to build the triplex as a
condominium. Due to problems regarding the sewer moratorium and
then the condominium moratorium, the applicant found it necessary
to build the units as apartments. There are six off-street parking
spaces provided as required in the R-3 zone. The applicant has met
the requirements for the R-3 zone, but he is unable to meet the
requirements of the condominium ordinance. This ordinance requires
guest parking in an effort to equate the amenities of condominiums
with those available in single family residences.
Section 65906 of the California Government Code regulates the
granting of variances.
"Variances from the terms of the zoning ordinance shall be
granted only when, because of special circumstances applicable
to the property, including size, shape, topography, location
or surroundings, the strict application of the zoning ordinance
deprives such property of privileges enjoyed by other property
in the vicinity and under identical zoning classification."
The zoning classification in this case is the condominium ordinance.
There are no exceptional or extraordinary circumstances on this
property which are not present on other potential condominium
conversions. The property has been developed as an R-3 lot. A
variance had to be granted to reduce the required side yard to allow
the garage to encroach into the side yard. There is no privilege
being denied to this property resulting from the strict application
of the code.
.3
In addition, the Commission must find that the variance is not
detrimental to the General Plan or to the surrounding properties.
The Circulation Element requires adequate off-street parking for
all new developments. If the variance is approved, the development
will not have enough off-street parking for a condominium development.
The condo ordinance requires more parking area than is required for an
apartment, based on the differences between renting families and
ownership families. The buyer of a unit is more likely to establish
long term residence, and will probably have more than one car in
addition to other items which may be stored in the garage. If the
garage is not available for parking, the driveway and street must
be used. Also, a condominium is more likely to be occupied by a
family, creating a larger number of residents as well as increasing
visitor traffic. Therefore, granting this variance may have a
detrimental effect on the surrounding properties by increasing visitor
and resident parking needs without supplying adequate off-street
parking.
The applicant is requesting a reduction in required storage space
for two units in this triplex. The third unit has suffibient storage
space. The available storage in the other two units is 257 and
352 cubic feet. The applicant feels the variance is justified
because the reduced storage area is compensated for by large
closet areas and special covered areas. The applicant indicates
that it was not possible to predict the variance during design
since the condominium ordinance had not yet been adopted.
The requirement for enclosed storage space, accessible to the
outside was established to ensure that adequate amenities were
included in the condominiums. Condominiums have no large yards
in which to safely store their personal belongings. Requiring
adequate storage will not result in the denial of a property
right which is available to other properties.
Recommendation
Staff recommends DENIAL of V-290 based on the following reasons:
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.
a. The condominium ordinance was designed to require the
amenities usually available in ownership housing. The
ordinance applies to all condominium conversions regard-
less 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. The property has been developed as is allowed by the zone.
.4
.
b. 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.
KJL/ar
5/2/79
Location Map
.5
. 0
1 PLANNING COMMISSION RESOLUTION NO. 1519
2 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CARLSBAD, CALIFORNIA, DENYING A VARIANCE FROM
3 SECTION 21.47.130 (2) TO ALLOW A REDUCTION IN THE
REQUIRED VISITOR PARKING FROM TWO SPACES TO ONE
4 SPACE ON PROPERTY GENERALLY LOCATED ON THE WEST
SIDE OF OCEAN STREET, BETWEEN PACIFIC AVENUE AND
5 OCEAN STREET.
6 CASE NO: V-290(1)
APPLICANT: ZIPSER, STANLEY
7
8
WHEREAS, a verified application for certain property, to wit:
9
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
ii 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(l)) and found the following facts and reasons
28 to exist:
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
S
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. The property has been developed as is allowed by the
zone.
B. The condothinium 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(l) for the reasons as set forth above.
AYES: 11 WHeureux, Rombotis, Marcus, Schick', Larson
NOES: None
ABSENT: Wrench, Jose
NOW, THEREFORE BE IT HEREBY RESOLVED that the above recita-
tions are true and correct.
EQHREUXChairman
CARLSBAD PLANNING CoftMISSION
ATTEST:
C .
secretary
BAD COMMISSION
-2-
I .
1 STATE OF CALIFORNIA
COUNTY OF SAN DIEGO ) ss
2 CITY OF CARLSBAD
3 I, JAMES C. RAGAMAN, Secretary to the Planning Commission
4 of the City of Carlsbad, California, do hereby certify that the
5 foregoing resolution was duly introduced, approved and adopted
6 by the Planning Commission of the City of Carlsbad at a regular
7 meeting of said Commission held on the 23rd day of May,
8 1979, by the following roll call vote:
9 AYES: L'Heureux, Marcus, Schick, Larson
10 NOES: None
11 ABSTAIN: Wrench, Jose
12 ABSENT: Roiribotis
13
14 iecre tary
BAD COMMISSION
15
16
17
V-290
18
19
20 -3-
21
22
23
24
25
26
27
28
PLANNING COMMISSION 1' UTES
May9, 1979
Pae Five (5) [11
Staff replied that the ratio is 2:1 in accordance with exis
policy. I
Chairman L'Heureux addressed condition #31 as to when sajd map
would expire. /
Staff replied that the Zoning Ordinance specifies t14t the map shall
expire 18 months from the date of filing of the or 'gina1 tentative
map. Any time lost during the sewer moratorium tll not count
the 18 months. /
Commissioner Schick related his agreementth ~ further action should
be tabled vending the filing of a correct m/p, and further voiced
his desire for more information as to the xact method of drainage.
Chairman L'Heureux asked that a conditin be added regarding the
hour of operation of construction. /
Staff replied that the hours of op
at
are controlled by the
grading permitas well as City Ornance.
Commissioner Jose's comments rarding dust control during the
grading phase of the project /ere noted,
Commissoner Larson indica.t that the particular slopes to.be
hydoséded should be spe/ified in the conditions; that possibly
conditions #18 and #19 ould be combined, as they address the same
issues; that the respoibi1ity for future maintenance of the
desiltation basin S be specified, with a. look into the title
thereto. /
Chairman L'He noted that conditions #22 and #27 are repetitions
o f the same c ition; also a condition regarding slope ratio and
one regarding st control should be added.
A motion wa/ made to reopen CT 79-4 and continue same to June
13, 1979./
7CION: Larson
OND: Schick
YES: L'Heureux, Rombotis, Schick, Marcus, Larson
D. V-29Q, zips; 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 units.
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.
PLANNING COMMISSION NUTES
May 9, 1979
Page Six (6)
Stan Zipser, 808 Theyer, Los Angeles, the applicant, noted his
disagreement with the staff repOrt. In particular he expressed
concern in his project being compared with that of Von Elten,
which he believes is vastly different. He noted that he is
being discriminated against in that the developer of single family
units across the street from his project is not required to have
the same ratio of parking. He stated that he was led to believe
that he could begin the project as apartments and later convert
to condos with little effort.
Staff indicated that Mr. Zipser seems to have
in the drafting of the condominium ordinance,
sewer moratorium. It appears that Mr. Zipser
that his project could later be approved as a
and not, in actuality, cannot meet the standa
condominium project.
been caught up
as well as the
took the chance
condominium project,
ids set for a
It was noted at this time that Mr. Zipser was referring to an
earlier staff report, at which time he was provided with the
staff report dated May 9, 1979.
Commissioner Larson noted that possibly part of the problem of
parking lies with the driveway alignment.
Mr Zipser related that the original plans had shown the driveway
down ithe sides of the buildings, but s€aff had urged redrafting
of the plans, ithériore tibe driveway and parking were relocated..
THE PUBLIC .HEARING OPENED AT 8:55 P.M.
Speaking in favor:
Jim Graham, 1324 Morning Glory,
indicated that the units are of
asset to the neighborhood. He
required across the street and
to provide more spaces than the
Carlsbad, representing the applicant,
exceptional quality and would be an
related that no guest parking is
that the applicant is being obliged
single family residences.
Speaking in opposition:
Robert Kolb, 2480 Ocean, indicated that parking is a massive problem
on Ocean and has been for sQmetime. He related that parking has
diminished by approximately 60% since a968. He urged the Commission
to enforce the law and not relinquish any more parking.
Lucille Stein, 2469 Ocean, next door to the project, indicated she
has lived there for 20 years and that, in fact, off-street parking
has been provided by single family residences in the area. She
states that the design of the building does not render it compatible
with the existing structures in the vicinity.
Kay Christensen, 2802 Carlsbad Boulev.rd, related that she is a
trustee for property located in the area. She stated that any
request to further minimize the parking on and along Ocean Street
should be denied,
PLANNING COMMISSION 1•UTES
May 9, 1979
Page Seven (7)
THE PUBLIC HEARING CLOSED AT 9:15 P.M. WITH NO FURTHER TESTIMONY.
Chairman LTHeureux read into the record. those communications
received C.E. Bartley and the petition signed
by twelve residents opposing the project. - -
Mr. Zipser noted appreciation for the parking problem but added
that there will never be enough parking to accommodate beach goers.
He stressed that parking will not be affectd by the development of
the property into apartments as opposed to condos. In order to
make financing feasible it is necessary that the project be approved
for condos, otherwise the rental rate will necessitate co-habitation
of more than one family in each unit, thereby creating even more
parking congestion.
Commissioner Rombotis indicated that he cannot make the required
findings to warrant a variance. He expressed sympathy with the
applicant and suggested that the answer lies with the City Council,
and the possible modification of the Condominium Ordinance.
It was generally agreed that the duty owed is to the potential
owners of such units, in order to assure all amenities of homeowners.
A motion was made denying V-290(l) as to -the reduction of required
visitor parking, for those reasons as contained in the staff report
dated May 9, 1979.
DENIED
MOTION: Larson
SECOND: Schick
AYES: WHeureux, Rornbotis, Schick, Marcus, Larson
The issue of. adequate storage space was then discussed.
Mr. Graham indicated that the three units proposed contain 2700,
2400 and 2000 square feet, respectively. There is more than
adequate space in each unit, and, if necessary additional storage
may be obtained over car hoods, etc.
A motion was made to open the public heing and continue the
issue of storage V-290(2) to June 27,. 1979, to enable the applicant
to submit plans in conformance with code requirements.
CONTINUED
MOTION: Rombotis
SECOND: Marcus
Marcus,-Larson
AYES: WHeureux, Rombotis, Schick,
A-1--en minute recess was called at 9:30 P.M. .
The meeting was : to orde at 9:40. P.M. 15y Chairman LHeureux,
E. CUP-162, Kuetzing, to allow an delicatessen type
torage building. restaurant uses within a meat