TotalPaas Dynamic Platform (TPlatform-2.5.0.0) http://www.delmarvoices.com Fri, 24 May 2013 01:30:40 PDT DEL MAR’S PARKING ORDINANCE MUST CHANGE



Mayor Sinnott & City Councilpersons

City of Del Mar

1050 Camino del Mar

Del Mar, CA 92014



REQUEST FOR MODIFICATION OF DEL MAR’S PARKING ORDINANCE



Dear Mayor Sinnott and City Councilpersons:



While most Del Mar residents agree that Del Mar needs re-vitalization, they voted NO to the complex and far-reaching Village Specific Plan. If the City is to succeed in re-vitalizing the downtown, the question must be asked: How did it end up this way? How did a planning and design review process that created beautiful residential properties fail in developing the downtown?



While I welcome any other explanation, from my perspective, Del Mar’s planning process failed because its parking ordinance was so restrictive that the Planning Department “creatively” waived parking requirements and issued permits to numerous under-parked properties. Today, Del Mar’s commercial district is mostly non-descript old buildings that were given permits for uses way beyond their ability to provide parking for those uses; and Del Mar’s current parking shortage is empirical evidence that this happened.



For the last 45 years, the objectivity of reasonable parking standards has been replaced by subjective Staff Reports, which provided misinformation to City Councils, who then approved restaurant uses for properties with little or no parking. A review of the prior permits the City granted to the following under-parked properties demonstrate how objective parking standards were replaced with “creative subjectivity” in attempt to circumvent the parking requirements for these properties. (Exhibit A)



While I welcome any other explanation, from my perspective, Del Mar’s unreasonable parking standards caused this sub-standard development, and thus re-vitalization of Del Mar’s central commercial district can never occur until the City adopts reasonable parking standards. While it may seem counter-intuitive to reduce the parking standards when Del Mar is faced with a parking shortage, the fact is that Del Mar has repeatedly failed to enforce its parking resolutions, which I have summarized in Exhibit B.



On April 19, 2012 I filed a “Citizen’s Complaint” requesting that the City take action to enforce Del Mar’s Parking Ordinance on 16 properties developed in violation of the parking ordinance. Eight months later the City has not responded to this Citizen’s Complaint letter, nor have they taken any action against any of these under-parked properties which overburden Del Mar’s curbside parking. My April 19, 2012 letter offered to withdraw this complaint if the City would establish reasonable parking standards. I again request the City Council to either establish reasonable parking standards, or enforce the parking ordinance in a uniform manner.



I have previously proposed the following revisions to Del Mar’s parking ordinance:

(1) Adapt SANDAG parking ratios

(2) Adapt the Urban Land Institute’s (ULI) methodology for calculating peak hour parking requirements for mixed-use buildings.

(3) Eliminate parking requirements for outside dining areas.

(4) Include curbside parking in a building’s inventory of parking spaces.



In a Del Mar Times article, the Planning Director defended the million dollars spent on developing and promoting the Village Specific Plan by stating that the analysis is valid. The analysis presented in the VSP, included both: (a) the Urban Land Institute methodology for calculating peak-hour parking, and (b) reducing parking ratios to Sandag parking standards. Thus two of these four proposals have already been proposed by Del Mar’s Planning Department.



Establishing reasonable parking standards will replace the Planning Departments power to subjectively decide which properties to enrich . . . with an objective process that returns power to Del Mar’s residents. If you disagree with, or if you would like documentation for any of my statements, please advise me. I ENCOURAGE RESIDENTS TO POST THEIR THOUGHTS ON THE DEL MAR VOICES BULLETIN BOARD.



EXHIBIT “A”
PROPERTIES THAT WERE GRANTED PERMITS IN SPITE OF NON-COMPLIANT PARKING



1101 - 1105 Camino del Mar, Sushi Japone

Del Mar’s Parcel Survey describes the property as a 2,250 square-foot building built in 1980 after the 1:90 parking ordinance took effect. It contains 1250 square feet of restaurant space and the 1,000 square feet of office/retail space, but has only 9 on-site parking spaces, instead of the 17 spaces required by the parking ordinance. Additionally, there is no recorded easement on the adjacent property through which 2 of the parking spaces are accessed.



1140 Camino del Mar, Café Secret

Café Secret was enlarged in 2008 with new café tables and trellis located on private property east of the public sidewalk, however no parking was provided for this new outside dining area located private property. Resolution PC-02-08 approved this trellis even though it: (a) reduces the width of the required sidewalk and landscape easement to less that 10 feet in width as required by 30-08-090-D and, (b) creates a public safety hazard for the diagonal parking space to the south.



1212 - 1224 Camino del Mar, Board & Brew

In 1977 The City Council approved the expansion of Board & Brew subject to an off-site parking lease for 7 parking spaces located at 1234 Camino del Mar. However Michael Polen’s letter dated July 10, 2012 acknowledges that this off-site parking lease expired on October 31, 1977.



1247 Camino del Mar, Zel’s

Zel’s, located at 1247 Camino del Mar is a 1127 square foot building was converted from office to restaurant space in 1983 by Mr. Dominelli who received permits for a “take-out deli” with an additional 946 square feet of outside dining area. However, Del Mar allowed it to operate as a restaurant called Café Del Mar, even though it had only 3 parking spaces instead of 13 parking spaces required by Del Mar’s parking ordinance. In April 1985 an attempt was made to legalize this permit by filing a request for “Variance” for Café del Mar, and although never processed, this Variance application is still in the City files and it acknowledges that the restaurant was currently operating with only a take-out “Deli” use permit. It also lists two other properties, which were also operating as restaurants, even though they only had “take-out deli” permits. The City claims to have no records regarding how this restaurant was created.



215 Fifteenth Street, Sbicca

Sbicca, located at 215 Fifteenth Street is a 1600 square foot, two-story restaurant with outside dining located on private property on both the first and second floor as well as a sidewalk café recently constructed in the sidewalk right-of-way. Sbicca has no on-site parking spaces. It was originally opened as a take-out “Deli” but converted to restaurant use in 1986 with an off-site Lease for 18 parking spaces located at 1234 Camino del Mar. The City has acknowledged that there is no signage directing Sbicca patrons to this off-site parking lot, and they have no evidence that this off-site parking Lease is still in effect, since the recorded document provided that the Lease could be canceled by giving 30-days notice. Sbicca has constructed additional inside restaurant areas and outside dining areas since 1986, but no parking was provided for the expanded restaurant use.



1342 Camino del Mar, El Fuego

1342 Camino del Mar was a restaurant long before Del Mar’s incorporation, but Variance V-78-7 documents that in the 1970’s the property was leased to a “take-out deli” called El Pescador Fish Market.



The City Council approved Variance application V-78-07 granting an increase in building area from 3595 square feet to 4083 square feet, however this approval was conditioned on half the space remaining as a “take-out deli” and half the space allowed for restaurant use. It stated that the non-conforming rights for full restaurant use had been extinguished, and it prohibited restaurant use for the downstairs. The City has acknowledged there was no waiver granted to allow restaurant use for the downstairs. In 2009 the City Council approved enlargement of El Fuego to 4960 square feet and the Staff Report acknowledged that an additional 44 parking spaces would be required in order for the property to comply with Del Mar’s parking ordinance. In 2010 the City approved El Fuego’s shared-parking application allowing El Fuego to enlarge 5633 square feet. The City has acknowledged that El Fuego existing use was non-conforming in terms of both FAR and parking spaces however this enlargement of El Fuego’s non-conforming use was allowed despite Zoning Code section 30.22.034, Continuation and Abatement of Non-Conforming Use of Street-Frontage Building Spaces. [Ord. 824] which states:
A. Notwithstanding other provisions of the Del Mar Municipal Code, a nonconforming use in a Street- Frontage Building Space may continue unless or until . . . The use is extended or enlarged.



B. Where one of the events identified in Subsection A of this section occurs, the legal nonconforming use shall cease and any and all future uses shall conform with the provisions of this Chapter.”



1555 Camino del Mar, The Del Mar Plaza

The Plaza Specific Plan for the development and use of 1555 Camino del Mar was approved in November 1986, by a citywide vote. Page 11 of the Plaza Specific Plan states:



F. Outdoor Dining - Outdoor dlning shall be allowed on terraces associated with restaurant space provided an equivalent amount of interior restaurant square footage is not used during service of outdoor diners. Total interior and exterior dining area in use shall not exceed 14,400 square feet.



However The Plaza’s website lists 7 restaurant with indoor space totaling 25,342 square feet, and outdoor dining areas of approximately 8,000 square feet, calculated as follows:



Del Mar Rendezvous 1,987 sf

Flavor Del Mar 4,260 sf

II Fornaio 6,883 sf

Enoteca Del Fornaio 607 sf

Pacifica Del Mar 6,453 sf

Pacifica Breeze Café 1,168 sf

Shimbashi Izakaya 1,652 sf

Smashburger 2,332 sf

TOTAL INSIDE FOOTAGE 25,342 sf



On July 22, 2009, the Plaza management (DRA Advisors, LLC) wrote a letter to the City saying restaurant vitality is the most important component of the Plaza. This letter requested approval of a minor deviation to the Plaza Specific Plan, which limited total interior and exterior dining areas to a maximum of 14,400 square feet. The Planning Department’s Staff Report prepared for the July 27, 2009 City Council hearing stated: Currently the existing establishments use approximately 10,000 square feet of indoor and outdoor areas for restaurant uses. Today the Plaza’s total interior and exterior dining area is more than twice the amount approved by the Plaza Specific Plan; and any substantial modification to the Plaza Specific Plan requires a citywide vote. Thus the City has failed to enforce the Plaza Specific Plan.



1435 Camino del Mar Starbucks and Brueggler’s Bagels

1435 Camino del Mar is a 5,384 square foot building with 15 on-site parking spaces and 2184 square feet of downstairs food-serving use for Starbucks and Bruegger’s Bagels. The building was constructed in 1987 after the 1:90 parking standard took effect, thus requiring a minimum of 34 on-site parking spaces. 1435 Camino del Mar was originally developed as a portion of the Plaza Specific Plan, with the Plaza’s parking structure providing a portion of its parking requirements; however 1435 Camino del Mar and 1555 Camino del Mar are currently under separate ownerships. The City claims that 1435 Camino del Mar has a 15-space recorded parking easement in the Plaza’s parking garage. The actual easement for these 15 parking spaces states that the document is non-recordable, expires with expiration of the Union Bank Lease, and is not intended to be relied on for meeting the City’s parking requirements.



1309 Camino del Mar, Del Mar Library

On June 25, 2008 the City Council unanimously approved a resolution granting approval for a new Library wing for the Del Mar Library, based on 14 on-site parking spaces and 8 curbside parking spaces which were counted in order to satisfy the parking requirement for 22 spaces. This Staff Report states that at the Council meeting of November 15, 1993 the Council determined that: the required parking would be satisfied, based on City parking standards, by counting the parking on the alley and the 3 adjacent street parking spaces along 13th Street. Additionally, on April 16, 2007, the Council determined that the 4 adjacent public spaces on Camino del Mar would also count towards the public parking requirements for the Library. If City parking standards allow curbside spaces to count towards a project’s parking inventory, then all commercial properties should have the same rights as the Library; otherwise curbside parking spaces should not have been included as part of the Library’s parking inventory.



1330 Camino del Mar

This property has 4,700 square feet of office space consisting of a 1,200 square foot historic building fronting on Camino del Mar and a 3,000 square foot additional building constructed in 1984. It provides only 2 parking spaces instead of 10 parking spaces required by the 1:300 parking ordinance in effect at that time.



910 Camino del Mar

Del Mar’s Parcel Survey describes the property as a 7,827 square foot building built in 1984 but it provides only 24 parking spaces instead of 26 parking spaces required by the 1:300 parking ordinance in effect at the time it was built.



915 Camino del Mar

Del Mar’s Parcel Survey describes the property as a 7,164 square foot building built in 1985
but it provides only 24 parking spaces instead of 26 parking spaces required by the 1:300 parking ordinance in effect at the time it was built.



1125 Camino del Mar

Del Mar’s Parcel Survey describes the property as a 6,183 square foot building built in 1972 but it provides only 17 parking spaces instead of 20 parking spaces required by the 1:300 parking ordinance in effect at the time it was built.



1130 Camino del Mar

Del Mar’s Parcel Survey describes the property as a 7,590 square foot building built in 1984 but it provides only 15 parking spaces instead of 25 parking spaces required by the 1:300 parking ordinance in effect at that time.



1135 Camino del Mar

Del Mar’s Parcel Survey describes the property as a 5,287 square foot building built in 1973 but it provides only 9 parking spaces instead of 18 parking spaces required by the 1:300 parking ordinance in effect at that time.



EXHIBIT “B”

SUMMARY OF DEL MAR’S PARKING RESOLUTIONS:



Parking Resolution 103 adapted on March 20, 1967 required restaurants that were developed after that date to provide 1 parking space per 90 square feet of inside restaurant space and 1 parking space per 300 square feet of office or retail space.



The following restaurants were created or enlarged after March 20, 1967, but do not provide 1:90 parking for inside restaurant space: Sushi Japone, Board & Brew, Zel’s, El Fuego, Crepes & Corks and Sbicca, No other restaurant in Del Mar’s Central Commercial Zone (except 1201 Camino del Mar) has ever been required to provide one parking space per 90 square foot of inside restaurant space as required by Parking Ordinance #103 adapted on March 20, 1967.



Parking Resolution 536 adapted on July 17, 1989 required restaurants developed after that date to provide 1 parking space per 90 square feet for outside dining areas.



The following restaurants have outside dining areas created or enlarged after July 17, 1989 but do not provide 1:90 parking for outside dining areas: Café Secret, Board & Brew, Zel’s, Crepes & Corks, El Fuego, Starbucks, Bruegger’s Bagels, Smashburger, and Sbicca. No other restaurant in Del Mar’s Central Commercial Zone (except 1201 Camino del Mar) has ever been required to provide one parking space per 90 square foot of outside dining area as required by Parking Ordinance 536 adapted on July 17, 1989.



In 1967 there were only 3 restaurants in Del Mar’s Central Commercial Zone. Today the Del Mar Village Association website lists 26 restaurants. The City claims that all these restaurants comply with the parking ordinance, yet none of them provide the necessary parking required by the applicable parking ordinance at the time they were created. The City claims to maintain project files representing applications for actual administrative or discretionary permits on a permanent basis, however The City has acknowledged that they have no documents to support how any of the above restaurants were created or enlarged.



Parking Ordinance Section 30.80.150 allows off-site parking subject to:


(a) A 15-year recorded lease if the 2 properties have common ownership, or

(b) A recorded covenant on the benefitted property and a 15-year recorded lease if the 2 properties are not in common ownership.

(c) Evidence of lease renewal after 15 years or reduction in benefitted property’s intensity of use.

(d) Signage at each location for direction to parking and identification of parking spaces involved.



The following restaurants have off-site parking but no recorded easements or signage as required by Section 30.80.150: Secret Garden, El Fuego, Crepes & Corks, Sbicca, Starbucks, and Bruegger’s Bagels.]]> http://www.delmarvoices.com/groups/del-mars-parking-ordinance-must-change Mon, 28 Jan 2013 09:13:00 PST groups_groupid_266 Please post information regarding any recent suspicious activity and/or crimes. Use this website as an open and active public forum for neighbors, friends, and community members. The more we share and look out for each other, the more we will be informed of what is going on in our neighborhood.
Please share this website with your neighbors.
delmarvoices.com
*In case of emergencies, please dial 911*]]> http://www.delmarvoices.com/groups/del-mar-neighborhood-watch-program Wed, 01 Aug 2012 14:38:57 PDT groups_groupid_236 The City of Del Mar is considering a proposal to reduce Camino del Mar to two lanes and install roundabouts. Will it enhance the Village aesthetics or hinder traffic? What do you think?]]> http://www.delmarvoices.com/groups/loop-ty-loop Tue, 13 Mar 2012 15:49:11 PDT groups_groupid_192 If you have added it to your menu then it is New On THE MENU. Promote your latest savory additions and buzz about them on VOICES Del Mar. ]]> http://www.delmarvoices.com/groups/new-on-the-menu Mon, 20 Feb 2012 11:36:59 PST groups_groupid_162 Promote everything from spring and summer fashions to the lastest home decor within New IN STORE. Make sure you are buzzing about the latest finds in your store in Del Mar. ]]> http://www.delmarvoices.com/groups/new-in-store Mon, 20 Feb 2012 11:25:57 PST groups_groupid_161 ]]> http://www.delmarvoices.com/groups/new-real-estate-listings-in-del-mar Wed, 15 Feb 2012 11:46:26 PST groups_groupid_146 ]]> http://www.delmarvoices.com/groups/polo-field-use Fri, 10 Feb 2012 14:00:58 PST groups_groupid_141 ]]> http://www.delmarvoices.com/groups/del-mar-fairgrounds-issues Fri, 10 Feb 2012 13:59:39 PST groups_groupid_139 ]]> http://www.delmarvoices.com/groups/traffic-issues Fri, 10 Feb 2012 13:50:14 PST groups_groupid_132 ]]> http://www.delmarvoices.com/groups/district-3-county-supervisor-seat Fri, 10 Feb 2012 13:49:31 PST groups_groupid_131 ]]> http://www.delmarvoices.com/groups/del-mar-shores-park-use Fri, 10 Feb 2012 13:48:26 PST groups_groupid_130 ]]> http://www.delmarvoices.com/groups/del-mar-revitalization-issues Fri, 10 Feb 2012 13:46:01 PST groups_groupid_129 ]]> http://www.delmarvoices.com/groups/san-dieguito-high-school-district-issues Fri, 10 Feb 2012 13:45:31 PST groups_groupid_128 ]]> http://www.delmarvoices.com/groups/del-mar-school-district-issues Fri, 10 Feb 2012 13:44:50 PST groups_groupid_127