Attached is my "request for admissions" sent to the City Attorney a couple of weeks ago.
The City has a few more weeks to respond.
TO RESPONDENT, CITY OF DEL MAR, “RESPONDENT” AND ITS ATTORNEY OF RECORD:
PETITIONER, GEORGE A. CONKWRIGHT, hereby requests that Respondent, CITY OF DEL MAR, admit the truthfulness of each of the facts set forth below, and the authenticity of the documents attached hereto, within thirty (30) days from the date of service of this Request.
Pursuant to California Code of Civil Procedure Section 203(f), Respondent is required to admit in whole or in part that portion of the request that is true. Respondent is required to reasonably and clearly qualify any portion of the request that is denied
Words in BOLDFACE CAPITALS in the Notice are defined as follows:
“YOU[R]” means Respondent, CITY OF DEL MAR and its agents, employees, attorneys, officers, managers, or anyone acting on their behalf.
“RESPONDENT” means “CITY OF DEL MAR”.
“WRITINGS” means and includes the following handwriting, typewriting, printing, photocopying, computer disc, photographing, and every other means of recording upon any tangible thing any form of commination or representation, including letters, words, pictures, figures, symbols, or combinations thereof pursuant to Evidence Code Section 250.
“PETITION” means the Petition filed in the San Diego County Superior/Municipal Court, * Branch case number 37-2011-00054394-CU-PT-NC
“RESPONSE” means the Answer or Response of the CITY OF DEL MAR to the PETITION filed in the San Diego County Superior/Municipal Court, San Diego Branch case number 37-2011-00054394-CU-PT-NC
-----------(other boilerplate definitions omitted)---------
All other terms are defined either within each request itself, or by common usage and denotation.
REQUEST FOR ADMISSIONS:
(1) Admit that 1201 Camino del Mar is a commercial building with approximately 10,000 square foot and will still have 41 on-site parking spaces, even after replacement of the of 7 town and country spaces in front of the building with a new food-serving deck.
(2) Admit that 1201 Camino del Mar has more on-site parking that the total of all the on-site parking spaces at the following ten restaurants combined, including all the buildings they’re housed in, which represents over 50,000 square feet of commercial lease space in Del Mar.
Board & Brew, Americana, Starbucks, Crepes & Corks, Zel’s, Bruegger’s Bagels, Cafe Secret,Jimmy O’s, Sushi Japone, and Sbicca
(3) Admit that no other commercial building in Del Mar, except for 1201 Camino del Mar, has ever been required to comply with Del Mar’s parking ordinance which requires one parking space per 90 square feet of inside dining area.
(4) Admit that the following restaurants also have outside dining areas, which are located on private property but provide no parking for these outside dining areas:
Board & Brew located at 1212 Camino del Mar; Zel’s located at 1247 Camino del Mar; Crepes & Corks located at 1328 Camino del Mar; El Fuego located at 1342 Camino del Mar; Starbucks and Bruegger’s Bagels located at 1435 Camino del Mar; Sbicca located at 215 Fifteenth Street; Smashburger and six other restaurants in the Plaza located at 1555 Camino del Mar.
(5) Admit that no other restaurant in Del Mar, except for 1201 Camino del Mar, has ever been required to comply with Del Mar’s parking ordinance which requires one parking space per 90 square feet of outside dining area
(6) Admit that 1201 Camino del Mar has a 600 square foot ocean-view deck that was permitted through the City of Del Mar and built in 1993.
(7) Admit that this ocean-view deck meets the qualifications for which the City of Del Mar is seeking, including: patio dining areas with ocean views, emphasis on pedestrian orientation, and the potential for economic revitalization of the downtown commercial district.
(8) Admit that for the past 18 years the City of Del Mar has denied food-serving use on this ocean-view deck, thereby denying 1201 Camino del Mar the ability to collect approximately $250,000 in rental revenue.
(9) Admit that although the City of Del Mar’s Zoning Ordinance requires one parking space per 90 square feet of outside dining areas located on private property, there is no parking requirement for dining areas located in the public right-of-way.
(10) Admit that there are over 400 seats for outside dining located in the sidewalk right-of-way in Del Mar’s downtown commercial district.
(11) Admit that at the August 18, 2009 meeting of Del Mar’s Ad Hoc Form Based Code Advisory Committee, Staff presented an “Existing Parcel Analysis” for commercial properties on both sides of Camino del Mar between 9th and 13th Streets.
(12) Admit that this Existing Parcel Analysis determined that 5 of the 26 properties surveyed in the Central Commercial zone south of 13th Street were built or had a major remodel AFTER the Zoning Ordinance was passed in the mid-1970’s, which required a parking ratio of one on-site parking space per 90 square feet.
(13) Admit that the City has refused to enforce the Zoning Ordinance against these five properties even though the Existing Parcel Analysis for these five properties states:
“The building does not appear to be in conformance with current parking standards.”
(14) Admit that in describing the abundance of on-site parking at 1201 Camino del Mar, this same Existing Parcel Analysis states:
“It appears that the existing underground parking (at 1201 Camino del Mar) could possibly be integrated into any future underground parking schemes located to the north of the site, creating a "shared use" parking scenario for the entire block.”
(15) Admit that the Committee also conducted a follow-up/discussion of commercial properties between 9th Street through 13th Street
(log onto www.delmar.ca.us/Government/Pages/FBCAC.aspx and click on meeting dates 07-21-2009 and 08-18-2009)
which determined that both 1435 Camino del Mar and 215 Fifteenth Street were built or remodeled after the 1:90 parking standard, and that the City has determined that in both cases:
“The building does not appear to be in conformance with current parking standards.”
(16) Admit that the City has been aware of the above non-conformances since it conducted these surveys two and a half years ago, but has taken no action to enforce the parking ordinance against any of those properties, which were reported to be in non-conformance.
(17) Admit that the City has vigorously enforced the one per ninety parking ordinance against 1201 Camino del Mar for the last 20 years, thereby denying 1201’s development rights conferred on the other similarly-zoned commercial properties named above.
(18) Admit that on June 25, 2008 the City Council unanimously approved a resolution granting approval for a new Library wing for the Del Mar Library (located at 1309 Camino del Mar) based on 14 on-site parking spaces and 8 curb-side parking spaces, to satisfy the parking requirement for 22 spaces.
(19) Admit that Del Mar’s City Council was properly notified that Del Mar’s parking ordinance does not allow curb-side parking spaces to be included in a building’s parking inventory for determining the parking requirements for a particular use, and that despite this notification the City Council voted to count these curb-side spaces as satisfying the parking ordinance.
(20) Admit that there are 15 curb-side spaces surrounding 1201 Camino del Mar, and that the City of Del Mar will not allow these 15 spaces to be included in 1201 Camino del Mar’s parking inventory required to satisfy requirements of the parking ordinance.
(21) Admit that the Specific Plan for the “Plaza” located at 1555 Camino del Mar includes the following limitations on restaurant use:
“Outdoor dining shall be allowed on terraces associated with a restaurant space provided an equivalent amount of interior restaurant square footage is not used during services of outdoor dining.”
(22) Admit that the City of Del Mar has allowed, and continues to allow, outdoor dining on restaurant terraces associated with a restaurant space without requiring that an equivalent amount of interior restaurant square footage to be removed from used during services of outdoor dining.”
(23) Admit that the Specific Plan for “The Plaza” located at 1555 Camino del Mar also includes the following requirement for restaurant use:
“total interior and exterior dining areas shall not exceed 14,400 square feet.”
(24) Admit that the City of Del Mar has allowed, and continues to allow total interior and exterior restaurant dining areas to exceed 14,400 square feet.
(25) Admit that the recent development of Smashburger located in the Plaza at 1555 Camino del Mar exceeded the Plaza’s maximum restaurant square footage allowed for restaurant use, and that no additional parking was provided for the inside restaurant space.
(26) Admit that Smashburger’s outside dining area is located on private property, but their restaurant use permit was granted without their requirement to provide parking for this new outside dining area.
(27) Admit that 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.
(28) Admit that 1435 Camino del Mar was constructed in 1987 which was after the 1:90 parking standard took effect, thus requiring a minimum of 34 on-site parking spaces.
(29) Admit that 1435 Camino del Mar also has outside tables and chairs for customer use, which are also located on private property, but provide no parking for them, as required by the 1:90 parking ordinance.
(30) Admit that the City of Del Mar has not enforced the 1:90 parking ordinance as it pertains to 1435 Camino del Mar.
(31) Admit that 215 Fifteenth Street (Sbicca) is a 1604 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.
(32) Admit that 215 Fifteenth Street (originally opened as a take-out “Deli”) has no on-site parking spaces, nor does it have a current lease for off-site parking spaces.
(33) Admit that restaurant improvements at 215 Fifteenth Street were built and remodeled after the 1:90 parking ordinance took effect, and that the City of Del Mar has not enforced the parking ordinance as it pertains to 215 Fifteenth Street.
(34) Admit that that the City files for 1247 Camino del Mar (Zel’s) contain an application for a Variance filed on April 5, 1985 (enclosed as Exhibit “A”) in which the applicant acknowledges that the 1200 square foot restaurant with 947 square feet of exterior dining areas was currently operating with a take-out “Deli” use permit, and had only 4 parking spaces, instead of the parking ordinance requirement for 24 spaces.
(35) Admit that that this Variance request for a waiver of 1247 Camino del Mar’s parking requirements was not approved, and that Zel’s (previously Café del Mar) has been allowed to continue in operation, despite their 20-space shortfall in parking requirements.
(36) Admit that on April 19, 2010 the City Council passed the Pilot Program, “allowing for the use of a valet parking program for new businesses to meet existing parking standards”.
(37) Admit that on September 13, 2010 Crepes & Corks, located in a two-story building at 1328 Camino del Mar was accepted into the Pilot Program based on their agreement to fund one parking space with the Del Mar Village Association’s valet parking program at a cost of $250 per space per year, and that no other conditions were required.
(38) Admit that Crepes and Corks originated as a take-out deli, and recently converted to a 1,400 square foot restaurant with an additional 250 square foot outside dining area.
(39) Admit that 1328 Camino del Mar has a total of four parking spaces, plus one tandem space (which is not allowed under DMMC 30.180.140) and also claims the use of three additional spaces across the alley (but there is no recorded easement for these spaces as required by DMMC 30.180.140.)
(40) Admit that according to DMMC 30.180.140, 1328 Camino del Mar has a shortage of 14 parking spaces, yet Crepes & Corks received a restaurant use permit through the Pilot Program by funding only one parking space.
(41) Admit that Crepes & Corks provides no on-site valet parking during the hours that the DMVA is not in operation.
(42) Admit that the Suite 200 restaurant located at 1201 Camino del Mar is smaller than the Crepes and Corks restaurant, and has more parking, but has been denied the benefits that the City has granted to Crepes and Corks.
(43) Admit that the disparity in administration of the Pilot Program between 1201 Camino del Mar and 1328 Camino del Mar is so palpably unreasonable and arbitrary as to indicate an abuse of discretion.
(44) Admit that the City of Del Mar’s 1:90 parking requirements for restaurant use is so restrictive that even Bully’s (a restaurant built in the early 1960’s with it’s own private parking lot next door) is still 20 spaces short of complying with Del Mar’s 1:90 parking standard.
(45) Admit that the restaurant parking requirements for other cities as compared to Del Mar is as follows:
City of Del Mar 11 spaces per 1000 square feet
City of San Diego 1 to 4.3 spaces per 1000 sf
City of Carlsbad 5 spaces per 1000 square feet
City of Coronado 2 spaces per 1000 square feet
City of Escondido 3 spaces per 1000 square feet
City of Chula Vista 2 spaces per 1000 square feet
Imperial Beach 2 spaces per 1000 square feet
La Mesa 2 spaces per 1000 square feet
Pasadena 3 to 4 spaces per 1000 sf
(46) Admit that the City of Del Mar has never required any other restaurant or property in Del Mar to comply with this 1:90 parking requirement except 1201 Camino del Mar.
DATE: JULY 6th, 2011 PETITIONER, GEORGE A.
GEORGE A. CONKRIGHT, IN PRO PER
Attached is the speech I read to the Del Mar City Council on June 20, 2011. However this speech didn't have any affect on their vote, which requires my built-out 800 sf restaurant to provide a private valet parking service before the City will issue a use permit.
SPEECH FOR THE JUNE 20 CITY COUNCIL MEETING
On April 19, 2010 the City Council passed the Pilot Program, “allowing for the use of a valet parking program for new businesses to meet existing parking standards”.
On September 9, 2010 the Planning Department directed me to contract with the DMVA for inclusion into their valet parking program. Five days later, contractual documents funding the DMVA’s valet parking program were submitted to the City.
Finally, on December 14, 2010 the Planning Director accepted 1201 Camino del Mar into the Pilot Program. But on January 3, 2011 Ralph Peck appealed the Planning Director’s actions, questioning the legality of the Pilot program because it violated Del Mar’s parking ordinance
My lawsuit claims that Ralph Peck should have appealed the City Council’s passage of the Pilot Program (within 10 working days from April, 19 2010) instead of appealing 1201’s acceptance into the Pilot Program.
The hearing tonight is the City Council’s effort to correct the mistake of granting Ralph Peck’s appeal. However the City has added a new requirement that I obtain a Conditional Use Permit for private valet parking. This is unworkable for 3 reasons:
(1) The economics don’t work. Sunset Parking bid for this task amounts to 75 percent of the rent charged for this 800 sf restaurant.
(2) Operationally it doesn’t work. When the valet take a customer’s car and drives it around the block to the 1201 parking garage, that customer can eat lunch anywhere in town. And still the valet must return the car, no matter whether Suite 200 authorized the customer’s ticket or not.
(3) And legally, it’s incompatible. The Conditional Use Permit form requires that I reimburse the City for any resulting legal expenses. Since this matter is already in litigation, requiring me to reimburse your legal fees would be a deal-breaker.
Thank you for your time.
George Conkwright, 1201 Camino del Mar property owner