Wednesday’s city council meeting will hear the appeal of a rezoning request by the owner of a Short Term Rental at 1643 S. Pacific Street; if the appeal is granted, the 8BR STR would be torn down and (according to proposed plans) replaced by three condos. The hearing is item #29 on the agenda, and the staff report can be found here.
On Nov. 18, the Planning Commission voted 6-1 to deny the rezoning request by the owner, and instead upheld the determination of City Planner Jeff Hunt. The agenda item begins 87 minutes (1:27) into Cindy Rocco’s video of the PC hearing.
The PC agreed with staff that the parcel (APN 153-091-17-00) is south of the boundary between the R-1 and RT zone, and thus was always intended (including in the city’s approved zoning map) to be in the R-1 zone. That boundary is set by the coastal access (north of the property) that aligns with the extension of Whaley Street.
The property is one of 29 S. Pacific Street properties managed or owned by David Fischbach, CEO of Beachfront Only — the largest STR owner in Oceanside. The property was the subject of numerous code violations, including noise and trespassing complaints, and (unique to South O) a pool that was installed (without permit) in November 2017 and removed in April 2018.
The developer’s two consultants argued that the issue was a matter of fairness, because the city’s online database said it was RT; the city says only the paper map is legally binding. The claim that the owner was misled in his 2017 purchase is expected to be the basis of the appeal, which requires 3 of the 5 council members to side with the applicant. However, the applicant has not produced a single document saying “RT” from 2017 or earlier, suggesting that the decision
We had a great turnout last month, so we hope that all Oceanside residents who want to protect the integrity of the city’s process will attend Wednesday’s council meeting — asking the council to support the staff and PC decision, and with it, the integrity of the city’s existing zoning regulations.
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