Zoning Integrity – Wednesday’s Council

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.

Monday: keep zoning integrity in South O

Monday’s Planning Commission includes an important agenda item regarding the integrity of the city’s planning and zoning process. It has the potential to draw the line against efforts by North County’s largest and wealthiest commercial Short Term Rental operator to game the planning process.

At issue: can an existing STR in a residential zone be replaced by three STR condos?

The STR at 1643 S. Pacific St.

The PC meeting starts at 6pm at City Hall; this item is #8, last on the agenda:

8. Adoption of a resolution upholding the City Planner’s determination that the zoning district boundary between the Residential Tourist District (RT) and the Single-Family Residential District (R-1) as it affects property located at 1643 S. Pacific Street, is located on the northern property line of the property. The subject property is situated within the South Oceanside Neighborhood Planning Area. APPELLANT: PAUL LONGTON ON BEHALF OF 1900 S PACIFIC, LLC

The property — one block south of Buccaneeer Beach — was purchased in May 2017 by the limited liability corporation for $3.9 million. Since that time, it has been operated as a Short Term Rental by Beachfront Only, renting for $600-$5,000/night (depending on the season). The commercial operators converted it from a 3BR home to its current 4,217 sq ft., 8 BR configuration

It has been the subject of numerous neighborhood complaints, particularly for special events such as weddings that have attracted more than 50 visitors to the 45’ wide lot. With the new ordinance effective November 1, the unit would be limited to 28 people during the day, and 18 people between 10 p.m. and 7 a.m.

The Proposed Rezoning

Under the previous owner of more than 40 years, the property was treated as R-1 (the zoning of all properties between that location and St. Malo). However, in January 2019, the current owner submitted a proposed 3-unit condo development to the city — on the assumption that the property was zoned RT (the zoning of the properties around Buccaneer Beach).

Based on a neighborhood complaint, the city examined the relevant zoning map and concluded that the property is, in fact, in the R-1 zone. From the city’s 1986 coastal zoning map, everything on the beach north of Whaley is RT, and south of Whaley is R-1. This Coastal Commission-approved map is the binding definition of zoning in the Coastal Zone.

After the city notified the owner of its ruling, the owner appealed, supported by a detailed analysis by his preferred architect. The city rejected that appeal, concluding that the RT/R-1 boundary is not in the center of Whaley, but along the north edge of the street. (In the above map, Whaley is the street that connects Myers with the alley behind Pacific St).

The staff report includes the original determination, the appeal, and the explanation of why the city rejected the appeal. It recommends that the PC uphold the staff decision.

Why This Matters

Obviously the stakes are highest on the beach, where property values and STR income are the highest. However, no matter where it is in the city, the principle at stake is the same: can well-connected, and well-financed developers game the system?

We hope that Save South O supporters — and other Oceanside residents who want to protect the integrity of the city’s process — will attend Monday’s hearing, to ask that the PC uphold the city’s existing zoning regulations and reject the appeal.

Note: at the applicant’s request, the hearing was delayed until the November 18 Planning Commission meeting.