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Home My WebLink About1986-01-08; Planning Commission; ; V 369 - SEA PINE PARTNERSDATE TO: FROM: STAFF REPORT JANUARY 8, 1986 PLANNING COMMISSION PLANNING DEPARTMENT APPLICATJ,ON SUBMITTAL DATE: _ 'H SEPTEMB. _1.;..,1;..J,~1;..;;9...;;8;..;;5~----CPI SUBJECT: V-369 -SEA PINE PARTNERS -Request for approval of a variance to build carports in a sideyard setback on the north side of Chinquapin Avenue between Garfield Street and the AT&SF Railroad. I. RECOMMENDATION That the Planning Commission APPROVE the Notice of Prior Environmental Compliance issued by the Planning Director and ADOPT Resolution No. 2523 APPROVING V-369, based on the findings and conditions contained therein. II. PROJECT DESCRIPTION AND BACKGROUND On January 9, 1985 the Planning Commission approved PCD-65 for a 10-unit apartment project located at 240 Chinquapin Avenue. The lot is long and narrow and the fourteen parking spaces were provided in an L-shaped configuration. Subsequently, the property was sold to the present applicant who is requesting a variance to build carports in the sideyard setback to provide more parking onsite, for a total of 19 spaces. The property is zoned RD-M, which allows a zero yard setback for uncovered parking if a six-foot high masonry wall is built along the property line. This will be the case for nine of the spaces; the applicant wishes to provide covered parking for the other ten spaces, thus requiring a variance. III. ANALYSIS Planning Issues 1) Can the four mandatory findings for approval of a variance be found in this case? They are as follows: a) Are there exceptional or extraordinary circumstances applicable to the property that do not apply to other property in the same vicinity and zone? b) Is the granting of this variance necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone? c) Will this variance be detrimental to other properties in the vicinity? d) Will this variance adversely affect the comprehensive General Plan? Discussion The applicant is requesting a variance to build carport structures in a zero sideyard setback. Staff feels there are extraordinary circumstances applicable to this property that justify the requested variance. The lot is 60 feet wide and 275 feet in length; thus, although the parcel is a legal lot, it does not meet today's subdivision standards which require that the depth of a lot not exceed more than 3 times the width. The intent of the carports is to provide an amenity for future tenants, but the site is constrained by a long, narrow lot configuration. It is acknowledged that the previously approved site plan provided covered parking within required setbacks; however, staff believes the addition of five onsite parking spaces in the beach area also justifies consideration of the variance. In addition, staff currently is revising City parking standards which will include deleting the RD-M parking requirements because they are lower than the regular standards. The nineteen spaces to be provided by the revised plan exceed both the RD-M requirements and the City's standard parking requirements. As a result of the constrained lot size, staff feels that the finding of exceptional circumstances can be made. Most of the other properties in the vicinity have lots that are wider than 60 feet and, therefore, could accommodate covered parking and provide the required sideyard setback. Staff believes that granting this variance is necessary for the preservation of a substantial property right in that this variance would enhance the applicant's opportunity to provide an amenity for the project. The property adjacent to the east is approximately the same shape as the subject parcel. On the south side of Chinquapin, there are four parcels that have lot widths ranging from 50 to 63 feet. One of the SO-foot wide parcels has had a variance approved allowing a reduction of a setback between a building and a driveway because of the substandard lot size. Conceivably, at some future date, the other narrow parcels may seek variances if they are developed. All but one of the parcels have single family homes on them. Approval of this variance will have neither a detrimental effect on other properties in the vicinity, nor have an adverse impact on the General Plan. The applicant is building the required screen walls along both property lines; the carports will not be visible to the adjacent property. A garage is the closest offsite building to the carports. The carports will visually break-up the screen wall and the parking area itself will be partially screened by a 42 inch decorative wall on both sides of the driveway, mounding and landscaping in front of that wall, and a large existing pine tree. -2- In summary, staff believes the four findings necessary to grant a variance can be made and, therefore, recommends approval of V-369. IV. ENVIRONMENTAL REVIEW The Planning Director has determined that the environmental effects of the project described above have already been considered in previously approved environmental documents and, therefore, no additional environmental review was required and a Notice of Determination will be filed. A Notice of Prior Environmental Compliance was issued on December 11, 1985. ATTACHMENTS 1) Planning Commission Resolution No. 2523 2) Location Map 3) Background Data Sheet 4) Disclosure Form 5) Environmental Document 6) Exhibits "A" and •a11 , dated December 10, 1985 NER:bn 12/9/85 -3- -... OCA TION MAP TAMARACK AVE \ SEOUOIA ~f' ':7y' - \ ?/ -· -··~~ 'I SITE SEA PINE PARTNERS V-369 BACKGROUND DATA SHERL' CASE ID: V-369 ------- APPLICANT: SEA PINE PAR'INERS REXJUEST AND IOCATION: A variance to build carports in a sideyard setback in an approved 10 unit apartment project on the north side of Chinquapin Avenue bet,;,,,,,een Garfield Street and the AT&SF Railroad. LEGAL DESCRIPTION: 'l'he south\<l.'esterly 60 feet of Lot 1, Block 0 S0 of Palisades No. 2 according to Map 1803 filed August 25, 1924. APN: 206-020-16 Acres .38 Proposed No. of Lots/Units 10 --------- GENERAL PU\N AND ZONIH; Land Use Designation R-H -------- Density Allowed 15 -23 ---------Density Proposed N/A __ .....;.,_ ____ _ Existing Zone RI>-M Proposed Zone N/A --~----- Surrounding Zoning and rand Use: Zoning Site RD-M North RI>-M South RD-M East RD-M West RD-M School District carlsbad rand Use Apartments SF & MF SF & Vacant SF & MF Apartments PUBLIC FACILITIES water carlsbad sewer carlsbad EDU's ----- Public Facilities Fee Agreement, dated June 5, 1984 -----...a-.---------- ENVIRONMENTAL IMPACT ASSESSMENr __ Negative Declaration, issued __________ _ E.I.R. Certified, dated -------------- Other, __ ...;;;No..;..._;.t_i_ce_o_f_P_r_io_r_Coop_.._J._1._· ance _ __._,_1._· s_s_ued __ Decem.Je ___ r_1_1...,,,_19_8_5 ____ _ DEVELOPMENTAL SERVICES - 1200 ELM AVENUE CARLSBAD, CA 92008-1989 LAND USE PLANNING OFFICE (819) 438-5591 Citp of Carlsbab PUBLIC IDTICE OF PRIOR lHTIRONMfN.l'AL COMPLIANCE Please Take Notice: '!be Planning Department has detennined that the enviromnental effects of the project described below have already reen ex>nsidered in conjunction with previously oertified environmental documents am, therefore, no crlditional enviroinental review will be required am a notice of detennination will be filed. Project Title: Sea Pine Apa.rbnents. Project Location: 240 Chinquapin, carlsbad, CA 92008. Project Description: Variance to build 10 carports in a sideyard setback. Ten-unit apartment project previously approved with Negative Declaration, published Decerrber 15, 1984. Justification for this detennination is on file in the Plannir¥J Department, City Hall, 1200 Elm Avenue, Carlsbad, CA. Cannents fran the public are invited. Please sul::mit ccmnents in writir¥J to the Planning Department within ten (10) days of date of pml.ication. Dated: December 11, 1935 Case No: V-369 Applicant: • Sea Pine Partners Publish Date: December 11, 1985 ,,, 0l7MICHAEL J. IDLZMILLER ? • Iand Use Plannir¥J Manager .If after the information u have submitted has been re,· -wed, it is determined Lhat further information~~ required, you will be so adv-Jed. APPLICANT: AGENT: MEMBEBS: Sea Pine Partners Name (individual, partnership, joint venture, corporation, syndication) Box 1306 Carlsbad, CA 92008 Business Address 729-4484 Tel.ephon• Number Michael Straub Attorney -In -Fact Name Box 1306 Carlsbad, CA 92008 Business Address 729-4484. Telephone Numl::Mlr Michael Straub·-3360 Monro -Carlsbad -92008 -------------------Name ·(individual, partner, joint. Home Address venture, corporation, syndication) Kenneth Johnson -3915 Skyline -Carlsbad -92008 ·--------------------Business Address Steve Nave -2236 Cameo Carlsbad -92008. -----------------Telephone Number Telephone Number Richard McDowell --:£)17 Alder -Carlsbad -92008 ------------------Rome Address William Tieman -3966 Monroe -Carlsbad -92008 3~siness Address Telephor.e Ncm.be.r Telephone ~umber (Attach more sheets if necessary) I/We decla:e 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. ~ firTC)rWJfcj ~~"frJ-c-r BY > ft1 f(A.1 ~ ~~ Agent. Owner. Par~n~r • --~ I I r,4eTeiAG I I ,____I &Al'Aliii - t-◄ou•e -- z7~.oo' l 0 I I I I I I I HC::: 1 4'er~ ,o -----------~ ~•~. -14 (IA, ~ ~ (-rvpr) fJ ~ .t 1411-14 t.A. ~l-tAt.JtJ!!:1-&e!:AM • 2~'1·Lct <:.A. r;;,e~11--J~ w/ ~-RSI~ £(A ~LJOI wl •tt, +.~.4,. I 26110.~. 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