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Home My WebLink AboutAV 06-09; Johnson Residence; Administrative Variance (AV)CITY OF CARLSBAD LAND USE REVIEW APPLICATION 1) APPLICATIONS APPLIED FOR: (CHECKBOXES) (FOR DEPARTMENT USE ONLY) y Administrative Permit Administrative Variance V i^ Coastal Development Permit Conditional Use Permit Condominium Permit Environmental Impact Assessment General Plan Amendment Hillside Development Permit Local Coastal Program Amendment Master Plan Minor Conditional Use Permit Non-Residential Planned Development Planned Development Permit Planned Industrial Permit Planning Commission Determination Precise Development Plan Redevelopment Permit Site Development Plan Special Use Permit Specific Plan Tentative Parcel Map Obtain from Engineering Department Tentative Tract Map Variance Zone Change List other applications not specified (FOR DEPARTMENT USE ONLY) 2) ASSESSOR PARCEL NO(S).: 3) PROJECT NAME: 4) BRIEF DESCRIPTION OF PROJECT: 5) OWNER NAME (Print or Type)6) APPLICANT NAME (Print or Type) Nflfcffl- f MAILING ADDRESS I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVl INFORMATION IS TRUE AND CORRECT TO THE BEST OF i MY KNOVUiftDGE. SIG I CERTIFY THAT I AM THE LEGALjREPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AMI CORREfiTTO THE BEST OF MY KNOWLEDGE. DATE SIG DATE 7) BRIEF LEGAL DESCRIPTION NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED, MUST BE SUBMITTED PRIOR TO 4:00 P.M. Form 14 Rev. 03/06 PAGE 1 OF 5 8) LOCATION OF PROJECT: ON THE BETWEEN STREET ADDRESS SIDE OF (NORTH, SOUTH, EAST, WEST)(NAME OF STREET) AND 9) (NAME OF STREET) LOCAL FACILITIES MANAGEMENT ZONE 10) PROPOSED NUMBER OF LOTS 13) TYPE OF SUBDIVISION 16) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 19) GROSS SITE ACREAGE 22) EXISTING ZONING 25) 11) NUMBER OF EXISTING RESIDENTIAL UNITS 14) PROPOSED IND OFFICE/ SQUARE FOOTAGE 17) PROPOSED INCREASE INADT 20) EXISTING GENERAL PLAN 23) PROPOSED ZONING (NAME OF STREET) 12) PROPOSED NUMBER OF RESIDENTIAL UNITS 15) PROPOSED COMM SQUARE FOOTAGE 18) PROPOSED SEWER USAGE IN EDU 21) PROPOSED GENERAL PLAN DESIGNATION 24) HABITAT IMPACTS IF YES, ASSIGN HMP # IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE SIGNATURE FOR CITY USE ONLY FEE COMPUTATION APPLICATION TYPE TOTAL FEE REQUIRED FEE REQUIRED Form 14 Rev. 03/06 PAGE 2 OF 5 c o PROJECT DESCRIPTION/EXPLANATION PROJECT NAME: APPLICANT NAME: Please describe fully the proposed project by application type. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness ofj the application. Use an addendum sheet if necessary. Description/Explanation: Project Description 10/96 Page 1 of 1 o City of Carlsbad , .-.._~ ^_ . J . •" . Viiii4ipfHHHHNB*HBBiHP9MMiMHIMBiVHpHVPlanning Department DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, .corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." _ .Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers,, (A separate page may be attached if necessary.) f\ftPerson Title Address Corp/Part_ Title ress OWNER (Not the owner's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e. partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) M. i_y"v A t\ \f\ >* ^\ _ -^ Corp/Part Title Address 6A 1635 , CA S20C-8-7314 • (760| «Q2"160Q * FAX i?QQ) 502-6555 • www.g caslabad.ca.us o 3. 4. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer -or director of the non-profit organization or as trustee or beneficiary of the. Non Profit/Trust .. Non Profit/Trust _ . _ Title Title Address Address Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? Yes No If yes, please indicate person(s):_ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge.w Signature of applicant/date Print or type name of owner Print or type name of applicant Signature-iof owner/applicant's agent if appSicable/date \i> Print or type name of owner/applicant's agent 2.J H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 City of Carlsbad Planning Department HAZARDOUS WASTE AND SUBSTANCES STATEMENT Consultation Of Lists of Sites Related To Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Wastes and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): I I The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. HH The development project and any alternatives proposed in this application are contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT Name:Name: 'ROPERTY OW.NER t Phone Number:% u win • Address: Phone Number: Address of Site: Local Agency (City and County):. Assessor's book, page, and parcel number:_ Specify list(s): Regulatory Identification Number:. Appli Property Owner Signature/Date Admin/Counter/HazWaste 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us w PROJECT DESCRIPTION/EXPLANATION PROJECT NAME: APPLICANT NAME: Please describe fully the proposed project by application type. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background ioformation and supporting statements regarding the reasons for, or appropriateness of< the application. Use an addendum sheet if necessary. Description/Explanation: Project Description 10/96 Page 1 of 1 CITY OF CARLSBAD REVIEW AND COMMENT Mt DATE: October 31.2006 REVISED PLANS POLICE DEPARTMENT - ATTN: J. SASWAY FIRE DEPARTMENT - GREG RYAN BUILDING DEPARTMENT - MIKE PETERSON RECREATION - MARK STEYAERT PUBLIC WORKS DEPARTMENT (STREETS) - THOMAS MOORE _____ _ WATER/SEWER DISTRICT LANDSCAPE PLANCHECK CONSULTANT - PELA _ SCHOOL DISTRICT NORTH COUNTY TRANSIT DISTRICT - PLANNING DEPARTMENT SEMPRA ENERGY - LAND MANAGEMENT CALTRANS (send anything adjacent to 1-5} PARKS/TRAILS - LIZ KETABIAN ALWAYS SEND EXHIBITS FROM: Planning Department REQUEST FOR REVIEW AND COMMENT ON PROJECT NO(S): AV 06-09 PROJECT TITLE: JOHNSON APPLICANT: MARIA AND TERRY JOHNSON PROPOSAL: OVERHEIGHT RETAINING WALL Please review and submit written comments and/or conditions to PAM DREW, the Project Planner in the Planning Department at 1635 Faraday Avenue, by 11/17/2006. (If you have "No Comments", please so state.) If not received by'the date indicated, it will be assumed that you have no comment and the proposal has your endorsement as submitted. If you have any questions, please contact PAM DREW at 602-4644. The request for conditions will follow at the appropriate time. THANK YOU COMMENTS:Mi PLANS ATTACHED Review & Comment 11/06 o CARLSBAD FIRE DEPARTMENT Fire Prevention Division Land Use Review Report PROJECT NAME: Johnson Residence Date: 10/31/06 Project number: AV 06-09 Staff Planner: P. Drew Engineer: Project conditions: (Note: The following identifies specific conditions necessary to achieve Fire Department approval.) Fire Department has completed their review of this application and has no comments or conditions to submit. GR c City of Carlsbad Planning Department November 29. 2006 Maria and Terry Johnson 4804 Baroque Terrace Oceanside, CA 92057 SUBJECT: AV 06-09 - JOHNSON RESIDENCE The Planning Director has completed a review of your application for an Administrative Variance, AV 06-09 at 7335 El Fuerte. The variance consists of a request to have an over height retaining wall in the front yard setback along the driveway on a panhandle lot. The wall would increase from 3.5 feet at the property line to 6.2 feet approximately 160 feet from El Fuerte Street. After careful consideration of the circumstances surrounding this request, the Planning Director has determined that the four findings required for granting an Administrative Variance can be made and therefore, APPROVES this request based on the following findings and conditions. Findings: 1. There ARE exceptional or extraordinary circumstances or conditions applicable to the property or to the intended use that do not apply generally to the other property or class of use in the same vicinity and zone, in that the subject lot is a flag lot with steep topography and there are constraints on the location and width of the driveway. Additionally, the adjacent lot to the north is at a higher elevation (up to 6.2'). The retaining wall is necessary to constrain an at grade driveway whereby the retaining wall will not extend above the elevation on the adjacent lot. 2. The requested variance IS necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone but which is denied to the property in question, in that there are elevation differences between the subject property and the property to the north. At the driveway entrance the difference in grade is 3.5 feet and increases to 6.2 feet approximately 160 feet from El Fuerte Street 3. The granting of this variance WOULD NOT be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the property is located, in that the portion of the over height retaining wall is in the front yard setback; however, that section is approximately 160 feet from El Fuerte Street and would not be located within a sight distance area, nor would it interfere with vehicular or pedestrian visibility. 4. The granting of this variance WILL NOT adversely affect the comprehensive General Plan in that the subject property is designated Residential Low density (RL) in the City's General Plan and retaining walls are one of the typical components found in residential areas, and there wouldn't be any impacts to vehicular or pedestrian 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us AV 06-09 - JOHNSON RESfDENCE November 29, 2006 Page 2 circulation due to the height and location of the retaining wall. Therefore, the granting of this variance would not be detrimental to the General Plan. Conditions: 1. Approval is granted for AV 06-09 as shown on Exhibits "A" - "B" dated November 29, 2006, on file in the Planning Department and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 2. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 3. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 4. Prior to the issuance of the building permit, Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued an Administrative Variance on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. This decision may be appealed by you or any member of the public to the Planning Commission within ten days of receipt of this letter. Appeals must be submitted in writing to the Planning Commission at 1635 Faraday Avenue in Carlsbad, along with a payment of $570. The filing of such appeal within such time limit shall stay the effective date of the order of the Planning Director until such time as a final decision on the appeal is reached. If you have any questions regarding this matter, please feel free to contact Pam Drew at (760) 602-4644. DON NEU Assistant Planning Director DN:PD:bd c: Chris DeCerbo, Team Leader Joanne Juchniewicz, Project Engineer Data Entry File Copy City of Carlsbad Planning Department NOTICE OF REQUEST FOR ADMINISTRATIVE VARIANCE Notice is hereby given that an administrative variance has been applied for to allow an over height retaining wall in the front yard setback on property generally located at, 7335 El Fuerte, Carlsbad, California, and more particularly described as: Parcel 71, Map #8302, Tract #75-4 in the City of Carlsbad, County of San Diego, State of California. If you have any objections to the granting of this variance or wish to have an informal hearing to discuss the requested variance, please notify the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008, in writing within 10 days of the date of this notice. If you have any questions, please call Pam Drew in the Planning Department at (760) 602-4644. CASE NO.:AV 06-09 CASE NAME: JOHNSON RESIDENCE DATE:NOVEMBER 13, 2006 CITY OF CARLSBAD PLANNING DEPARTMENT 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us 10/17/2006 07:34 FAX c El 004 TH&A, INC 437 North Central Avenua f Up»tfKl,CA.Bl78e RECEIVED OF CARLSB 07:35 FAI 3/4 inch Crashed Rod <w Mirafi GlOON or Equiwknt (•< >ct Minimum Wtteqwoof Back of Wall F i Architect's Specification! Geofabric Coffipletely Wrapped Around Rock Minimum 4-inch Ehuroeter Perfbcuted Pipe PVC Schedule 40 RETAINING W SUBDRAIN DETf No Scale jJLL 12)005 Top of Ground of Coaeretr Shb T 6-nch Minimum W CHRISTJAN WHEELER. r N t: I y i i K i v c *as MI ;nf r »v j .SAN t)iiv(:u.<j\i.H'X)RNiA vim •it«.»i»n «•-»»» PAX( PI 01 M 3D SINGLB.PAMILY RESIDENCE El >«rt«6ttM<.Lot7i,C*iblM4,CaUr«n)ia BY:Hf JOHNO.: aoysroj D/VHi: l// _/ /U /^z. ^/SII/Tx / f ' A^.o KSO I - 10/17/2006 07:34 FAI a 003 ^PHHBI JOB. TH&A, INC. 437 North Centra! Avenue Upland. CA. 61788 TEL/FAX: (t09J 946-6128 SHEET HO, CALCULATED BY_ CHfCKEO BY SCALE OF_. DATE. DATB_ r-;-:^ ! t- -f—}—- Po€TfiL.TH RETAINING WALL (PER SEPARATE PERMIT) TOW 261.0 fMSPROTECT IN PLACE TOW 257.0 TOW 259.5EXISTING RETAINING WALL v N 72WOO" !¥ 5 BOW 257.0BOW 251.5 / SOW 253.38ASS OF 0E>W OFFSITE GRADING ON LOT 70 PER TEMPORARY CONSTRUCTION EASEMENT DATED: J- 9 - 06 TOP OF WALL (TOW) ELEVATION PER PLANS RETAINING WALL (PER SEPARATE PERMIT) BOTTOM OF WALL (SOW) ELEVATION PER PLANS229 0 22B.5 DECORATIVE WALL H<3FT SECTtON- TO i NOTE: BOW ELEVATIONS REFER TO F ALONG THE WALL. TOPO OF FOUND DETERMINED BY OTHERS PER SEP A 260 255 250 245 240 70+00 CITY OF CARLSBAD Planning Director ^.i*, AV£^-o9 Ola H-/-OO 12+00 13+00 PROTECT IN PLACE ' EXISTING RETAINING WALL .V 72WQO" W 5M55' BASS OT 00•<»-§-I- §RETAINING WALL 1 + 99.73 /.or 70 . 7.5 20' 75' /O' 5' 0'40' GRAPHIC SCALE: l"=20' PROTECT W _ ' RETAINING WALL~nffl> JH-SS* tHJN Of EX. OCVOt/SHTD. BEWOWl CITY OF CARLSBAD Planning Director 24- BPOW DITCH TCP OFami CLCVATXK 9«uIMW f»sr«; cw/iofOT SIMLf vm?. r-W. ROCK CLASS: NO. 2 SHALL HATCH QACXWC ClASS. BOS we GRADE ^LTER BLANKET: e~ a. H ACGWCATT OVER fit TEft FASWC SOW Off A»*OHD EOfAL PROTILE SCALE HOHZ I" - ZO' raw75 ^ SWOULD «TH/IN PCWNT CONSIRUCKQN NOTES. J Ail. PROPOSED STCWU DHAIN fVPFS APE J5. OlWfWSCWS PEff PL-W. 2. Ail PROPOSED ARtA WAINS ARC I'X!' BROOK 'J SOX OR AW COL1AL. 5 WOPUSfO SffO* OtfCH SHALL Bl SOSD 0-75 rrPf 8 AS WOWfTEO CARLOAD STANDARDS. I. COHTKACIOP SHAi! VtWY LOCATIONS O~ Alt UNDERGROUND unUfiES AW twrtf? AWD SfltCW 2 PRQWXD UNAD.IUSrED EARTHWORK QUANVXES ARE , ALONG THE DRtrtwA* SHAH 8t r' TO HVSURt MWMJM 0£PTN PEP 4. CON!KACTQV SHALL COOROWATT ALL DPS UTiL NS DtfECTL'* *'H THf APPRCPfSATF. U 5 m no CASC SHALL WE eorrow or FOUHOAUON BE THAN 1' DEEPi'' THAT Wr "RCPOSTf! f C. WFPfVSHAL: BE t/sfD iwrw: CITY OF CARLSBAD1!^["TS! DRIVEWAY PROFILE GRADING PLAN FOR: JOHNSON RESIDENCE 733f> EL FTJERTE ST CARLSBAD, CA PRO,IE;CT NO ij DRAWING NCM VWD BY- ~IT*rll ro °5"1* |[ 4JC-JA \9+50 (0+00 11+00 J2+00