HomeMy WebLinkAboutV 316; ZANDER, MICHAEL; Variance (V)Receipt No.
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APPLICATION NO, VARIANCE
CITY OF CA RL S BAD
(Please Type o.rr Print)
Date: November 18, .1980
REQUE'T: Varice to Section 21.46.1130 of the Carlsbad Municipal Code
(briefly explain and indite section of Zone
to allow the construction of a six (6) foot high (above curb) privacy wall
within the front yard setback (on the front -property line).
2.. LCATI0N: The subject property is generally located on the
west side of Gibraltar St. between Jerez Ct.
San Marcos Canyon (La Costa Golf Course)
X's ESSORS NUMBER: Book 216 Page 290
Parcel .2
ok. age (If more, i5.0 lt on bottom of
th; rcge).
OWNER(S): Name Address City Zi_ Phone
Gerald Frankel, c/o Mike O'Hara, 6351 Yarrow Dr., Suite A, Carlsbad, GA 92008
438-4313
E. PERSON RESPONSIBLE FOR PREPARATION OF APPLICATION:
Name Address C t Zip Phgne
Michael C. Zander, AICP, P.O. Box 684, Cardiff, CA 92007 942-0218
6 APPLICANT'S SIGNATURE: I hereby declare that all information contained
within this application is true; and that all standard conditions, as indicated
on the attachment have been read, understood and agreed to.
Name, /I A Address City Zip Phone
P.O. Box 684, Cardiff, CA 92007 942-0218
.
Represent g g (Company or Corporation) The Planning Practice
;Relationship to Property Owner(s) Agent
The City of Carlsbad Planning Department would appreciate the opportunity to work
with the applicant throughout the Planning Stages of the proposed development. In
an effort to aid the applicant, the Planning Department requests that it be given
an opportunity to evaluate and discuss the application and plans prior to submittal.
This request is not arequirement; however, it may avoid major redrafting or re
vision of the plan which only serves to lengthen the processing time.
ATTiCHMEW1S: Supplemental Information Form - Planning 23
Standard Conditions - Planning 27.
Preparation Check List - Planning 32
Procedures - Planning 36
Date of Planning Commission Approval
FORM: Planni nq
6/11/79
SUPPLEMENTAL INFORMATION FORM
VARIANCE
1) Gross Acres (or square footage, if less than
2) Zone RD-M
3) General Plan Land Use DesignationRH
4) Bylaw a Variance may be approved only if certain facts are
f.-id to exist. Please read these requirements carefully and
e'lain how the proposed project meets each of these facts.
1J.additional sheets if necessary.
• )) Explain why there are exceptional or extraordinary circum-
stances or conditions applicable to the property or to the
iirntended use that do not apply generally to the other property
r class of use in the same vicinity and zone: Building plans
approved by City showing six foot wall at property line. Building n
under construction. Wall Is necessary for privacy at rear of units
backing- up to Gibraltar St. This variance is neaded to "l egal 1e" w.hat___.
has already been approved by the City.
Explain why such variance is necessary for the preservation
tnd enjoyment of a substantial property right possessed by other
roperty in the same vicinity and zone but which is denied to
the property in question: Again, privacy at the rear of those units
backing up to Gibraltar St. -
c) Explain why the granting of such variance will not be
materially detrimental to the public welfare or injurious to
the property or improvements in such vicinity and zone in which
the property is located: Site distance along street or from driveways
will not be impaired. Also, no visual amenity will be disrupted.
d) Explain why the grantinq of such Variance will not adversely
affect the comprehensive general plan: No affect whatever.
FORM Planning ._23 - Date of Planning Commission Approval
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STANDARD CONDITIONS
CITY OF CARLSBAD
SPECIFIC PLAN/CONDITIONAL USE PERMIT/VARIANCE/
PLANNED UNIT DEVELOPMENT/SITE DEVELOPMENT PLAN/
SPECIAL USE PERMIT/CONDOMINIUM PERMIT AND
PRECISE DEVELOPMENT PLAN
Devlopment shall meet all requirements of the subdivision, zoning
amd building codes, laws, ordinances or regulations of the City of
Carlsbad, and other governmental agencies. Some of the more
pe;ztinent requirements and procedures of the city are listed below
for your information and concurrence. Please read this list. carefully
and feel free to ask for further information or explanation.
1 All conditions for Conditional Use Permit, Variance, Planned
Unit Development and Special Use Permit shall be completed and
the project commenced within 18 months from final city action,
unless attherwise stated as part of the approval. There is no
time liItations for Specific Plans unless required as part of
the approval.
.2) Development shall substantially conform to the approved plan.
3) All public improvements shall be made in conformity with city
standards, to the satisfaction of the City Engineer, without
cost to the City of Carlsbad and free of all liens and
encumbrances.
4) Prior to any construction, the applicant shall submit plans
to the appropriate entity providing domestic water to the
proposed development, for its approval of the location, type
and adequacy of water lines.
5) Prior to any corstruction, the applicant shall obtain approval
from the City Fire Department of the location and size of
fire hydrants. . . .
) The applicant shall install all required fire hydrants and
dry-stand pipes prior to framing construction, and said fire
appurtenances shall be functional prior to commencing such work.
7) Street trees, as required by the city, shall be installed by
-the applicant at applicant's expense. Trees shall be of a type
approved by the Parks Department and shall be installed to their
specifications. If removal of any existing trees is required
by the city, said removal shall be at the applicant's expense.
It shall be the responsibility of the applicant to make all
arrangements with the Parks Department concerning the require-
ments of this condition.
8) A detailed grading plan which includes proposed drainage
and erosion control landscaping or other measures such as
desilting basins shall be approved by thd City Engineer.
9) Immediately after grading, erosion control landscaping and/or
other measures such as dsilting basins shall be installed.
This control may be the final landscaping if so approved.
10) A detailed landscape and sprinkler plan shall be submitted
for Planning Director's approval for all graded slopes 5'
or greater in height and any other areas required by law.
11) Prior to final building inspection clearance, all landscaping
and irrigation systems shall be installed or adequate
bonding accepted. Said landscaping shall be maintained in
a manner acceptable to the Planning Director.
FORM 27
Page (1)
12) No signs or advertising of any type whatsoever shall be erected
or installed until plans thereof have been approved by the
City of Carlsbad.
As part of the approval process, the City may modify these conditions
or add others, especially those of a more specific nature. The
applicant will be notified of these modifications or additions by
resolution.
FORM 27 Date of Planning Commission Approval'
Page (2)
APPLICANT DISCLOSURE FORM
In order to assist 1rhe members of the Planning Commission and City Council
to avoid possibI€ tonflicts of interest, all applicants are required to
comp1te this di-sziosure form at the time of submitting their application.
When this form has been completed and signed, the information will be relied
upon by them in ffetermining if a conflict may exist, so please ensure that
all of the information is completed and accurate. If at anytime before a
final action on your application has been rendered, any of the information
required by this disclosure changes, an amendment reflecting this change must
be ñuiled.
If the applicant is an individual, or a partnership (either general or limited)
or a joint veni.ur, please state the full name, address and phone number of
each person or individual (including trusts) who-own any beneficial interest
jlL the property which is the subject of this application. Should one or more
paties to the application be a partnership or joint venture, then please
state the full legal name of the partnership or joint venture, its legal
address and tihe name and address o. each individual person who is a general
and/or limited partner or member of the joint venture.
Slould one or more of the parties be a privately held corporation (10 share-
belders or less) or a real estate syndication, then please state the state of
i.scorporation or syndication, corporate number, date of incorporation or
sndication, corporate or syndicate address, and the full names and addresses of
each individual shareholder or syndicate member. Should the corporation be
a publically held corporation, then state the Lull name and address of the
cerporation, the place of its incorporation, number of shareholders, and the
name and address of the officers of the corporation.
SThould you feel that additional information needs to be provided in order to
pmvide a full disclosure, please include it.
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.
If after the information you have submitted has been reviewed, it is determined
that further information is xequired, you will be so advised.
APPLICANT Mike 'O'Hara, Partner
Name (indivi(al, partnership, joint venture, corporation, syndication)
6351 Yarrow Dr., Suite A, Carlsbad, CA 92008
Business Adiess
438-4313
Telepbn umber
AGENT: Michael C. Z ander, AICP
Name
P.O. BQX 684, Cardiff-by-the-Sea, CA 92007
Business Address
91+2-0218
Telephone Number
NEMBERS: Gerald Frankel, Partner 1365 Regal Row, Dallas, TX 7521+7
Name (individual, partner, joint Home Address
venture, corporation, syndication)
do John P. Simon, 600 B St., Suite 2100, San Diego., CA 92101
Business Address
Telephone Number Telephone Number
Name Home Address
Business Address
Telephone Number Telephone Number
(Attach more sheets if necessary)
I/We declare 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.
Applicant
• BYLk4J
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PREPARATION CHECK LIST
CONDITIONAL USE PERMIT/VARIANCE
PLANNED UNIT DEVELOPMENT/SITE DEVELOPMENT PLAN
NIUPERMIT/SPECIAL USE PERMIT
A. Documents Required for Submittal:
AppUcion with supplemental sheet completed.
Stard condition list.
Poto'static copy of deed with complete legal description of subject
purQperty or other form of description acceptable to the Planning
Drireàtor.
'( irteen (13) blueline prints of the plah for all applications except
a PUD which requires 18 prints, Minor Condo permits which require 3,
and Major Condo permits which require 18. Maps must be folded in a
'size not to exceed 8½ x 11.
EQUIRED PLANS ARE AS FOLLOWS:
CUP and Variance: Site Plan*
PhD: Site Plan*, building elevations, landscape plan, cross section of
proposed grading.
DP: Site Plan*, building elevations.
CONDO PERMIT: Site Plan*& building elevations,
landscaping plans.
SUP: Site Plan*, grading plan.
*Site Plan as a minimum shall contain all property lines, building
locations with horizontal dimensions, driveway, and parking stalls
with dimensions, location and dimensions of landscaping.
Environmental Impact Assessment or Report with fees (if required).
6'{ Feen'onal Use Permit, Variance, and Special Use Permit -
Planned Unit Development - $50.00 + $1.00 per unit.
Amendments for PhD's - $50.00 + $1.00 per unit within area being
amended.
Site Development Plan - $25.00.
Condominium Permit - $50.00 + $1.00 per unit within ,area being
amended.
300 Foot Radius Map - (Not needed for Site Development Plan, Special
Use Permit and Minor Condominium Permit). A map to scale not less than
l"= 200' showing each lot within 300 feet of the exterior boundaries
of the subject property. Each of these lots shall be consecutively
numbered and correspond with the property owner's list. The scale of
the map may be reduced to a scale acceptable to the P1nning Director
if the required scale is impractical.
8) Property Owners and-Occupant's List: Two copies of a typewritten list
of self-adhesive (Avery) labels of the names and addresses of all
persons owning property (as shown on the latest equalized assess-
ment roll) and persons in possession, if different, within a 300'
radius of the exterior boundaries of -the subject property. The
ltest equalized assessment roll is available in the Office of the
Assessàr of San Diego, 1600 Pacific Highway 1 Room 103, San Diego,
California; Telephone 236-3771.
Conversion to Condominiums: In addition to the above property
owners list, the application shall include a list (prepared as
above) of names and addresses of all tenants of the units to be
converted to condominiums.
FORM 32
August21, 1980 Page One
B)
C)
S I
-9) Disclosure Statement
10) A written statement by the City Engineer that he finds there is
adequate sewer capacity available for the proposed use at the site or
that he finds that the proposed use and site can be adequately served
by alternative city approved onsite sewer system. Applicant, please
note, this determination must be done prior to submitting application
and it may require preparation on your part to provide sufficient
evideice to the City Engineer. It is suggested you make early contact
with the Engineering Department for such determination.
l) For ridential projects within Vista, San Marcos, Encinitas or San
• Dieguf to School Districts, the applicant shall indicate whether he
prteiers to dedicate land for school facilities, to pay a fee in lieu
thereof, or do a combination of these. If the applicant prefers to
decate land, he shall suggest the specific land.
Fax residential projects within the Carlsbad Unified Sáhool District,
the applicant shall submit written confirmation that school facilities
will be available and serve the poject at time of need.
12)Rublkc facility Security Agreement: Secured agreement with appli-
ati'on submittal.
1-3)-,.l copy of colored site plan and elevation plans (except Minor Condo-
miknium Permit).
141)"', duced 8½" x 11" site plan and elevations (except Minor Condominium
rmit).
151 83½" x 11" Location Map (except Minor Condominium Permit)
Drafting of Plan
1) ' Sheets to be 24" x 3611 with 1" border (standard 1TD" size).
2) scale to indicate: 1" = 101 is generally sufficient; however, the
scale is' to be appropriate for sheet size.
3) North arrow oriented to top or left side of sheet.
4) Lettering must be legible. It is preferred that it be drawn by
mechanical means, in ink, and heavy upper case.
5) Location map showing the distances to the center line of the nearest
inters.ectiori.
6) Title block with name and address of applicant and drafter, and perti-
nent Information such as uses, total acreage and date prepared.
Tnformation on P]an
1) Proposed and existing structures:
a) Proposed use of all structures (in general land use terms). b) Building dimensions, setbacks and distances between buildings.
C) Type of construction proposed.
d) Identification of fire rated walls and fire sprinkler systems.
e) Height and number of stories.
f) Gross floor area per structure.
9) Proposed changes and additions to existing buildings.
2) • Existing and proposed right-of-way, public and/or private:
a) Distance from property line to center line of right-of-way.
b) Widths of right-of-way.
• c) Location of existing and proposed sidewalks and curbcuts.
d) Easements, type and location.
FORM 32
August21, 1980 Page Two
.. .
3) Parking:
a) Location, size and numbered consecutively
b) Identification of loading zones.
c) Dimensions of driveways.
4) Landscaping:
a) Existing and proposed trees in the public right-of--way.
b) A schedule showing types, size and location of all
plant materials proposed on site.
c) Indicate a permanent watering system for all landscaping
areas by showing the location of water lines.
5) Refuse pickup areas (not required for detached housing projects).
6) Signs: Size, location and height of existing and proposed signs.
7) Lot lines and dimensions.
8) Location of watercourse or areas subject to flood.
9) Location of proposed storm drains or other means of drainage
(grade and size).
10) Topographic contours at two feet ini±ervals, with indiation
of manufactured slope.
11) Cross section of proposed grading. Existing contours and
proposed graded contours for all grades of 4:1 or greater
shall be shown.
12) Delineation of development phasing.
D) Micellaneous Information for Planned Unit Development and
Condominium Permit Applications.
1) Document explaining who shall be responsible for maintaining
open common areas and how maintenance is to be performed.
2) Document explaining special development standards requested.
For custom homePlanned Unit Development, all development
standards listed in Section 21.45.120 shall be included.
3) Elevation of proposed buildings (not required for custom
home PUDS).
FORM 32
August 21, 1980 Page Three
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PROCEDURES
I) Application to Planning Commission: In an effort to aid the
applicant, the Planning Department requests that it be given an
opportunity to evaluate and discuss the application in its various
stages of development prior to submittal. It is more effective if
applicant meets directly with staff; however, written or telephone
comrnuication is aoveptable. It is the responsibility of the
appli-wit to make the initial contact for such meeting.
2) Subm±ittal: Appliiction will be accepted only if the application,
planes and other ptxtinent materials are included.
3) Review: After atepting the application staff will submit it to
the department rcview board (DCC) to ascertain if further information
is necessary. Staff will attempt to conclude this review within
two weeks, but in no case shall the review period be longer than
30 days from receipt of application.
4) Notice: Upon completion of the application review, the applicant
will, be informed by letter if further information is required if
any ., or if the application is complete what date it will be heard
by the Planniyng Commission.
5)' Planing Commission Calendar: The Planning Commission adbpts an
annual calendar that indicates application closing dates, staff
review dates, a staff recommended review dates as well'as Planning
Commission hearing dates. The date your request will be heard is
selected from this calendar. You may acquire this calendar at the
Planning Department.
6) Staff Review: Staff prepares a report for the Planning Commission.
This report is reviewed by the Departmental Coordinating Committee
(DC(C), which is made up of representatives from the departments of
PIaining, Engineering, Fire, City Manager and other as may be
necEssary. You are invited to this meeting to explain the project
and respond to staff recommendations. Upon completion of this
review, staff will prepare final staff recommendations to be sub-
mittted to the Planning Commission. The final report with rec-
omrnndations will be available at the Planning Department five days
priir to the Planning Commission hearing (Friday afternoon prior to
the Planning Commission meeting date).
7) Hearing: The Planning Commission meets every 2nd and 4th Wednesday
of the month at 7:00 P.M., or as indicated on the Planning
Commission calendar. Depending on the type of application, the
Plaiming Commission will either make a recommendation and forward
to City CounciL or take final action,
8) Appeals: Final actions by the Planning Commission may be appealed
to the City Council, provided such appeal is filed within ten
(10 days after, the Planning Commission action. The applicant
should review with staff the procedure on the various types of
applications.
9) FinaL Decision: The City will notify the applicant and property
owner of the fiial decision.
FORM: PLANNING 36 DATE OF PLANNING COMMISSION APPROVAL DEC. 6, 1978.
it
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• TITLE INSURANCE AND TRUST
220 TMA" STREET P.O. BOX 1150
SAN DIEGO, CALIFORNIA 92112 714-239-6081
FINAL REPORT
MR. H. D. O'HARA
P. 0. BOX 1009
DEL MAR, CALIFORNIA 92014
-IMPORTANT- WHEN REPLYING REFER TO OUR ORDER NO : 1069979
YOUR REFERENCE ROUNOTREE CONDOS
TITLE OFFICER: PROVENCE/VOTEL
SIGNED: /2
AT 11:00 A.M. AS OF OCTOBER 99 1980
THE TITLE TO THE HEREINAFTER DESCRIBED PROPERTY VESTS AS FOLLOWS:
TWELVE TREES CORPORATION, A CALIFORNIA CCRPORATION
SUBJECT TO:
1. GENERAL AND SPECIAL COUNTY AND CITY TAXES
FOR THE FISCAL YEAR : 1980-81
INCLUDING PERSONAL PROPERTY TAX, IF ANY,
FIRST INSTALLMENT : A LIEN NOW PAYABLE, BUT NOT YET DUE.
SECOND INSTALLMENT : A LIEN Now PAYABLE, BUT NOT YET CUE.
Z. COVENANTS, CONDITIONS AND RESTRICTIONS IN THE DECLARATION OF
RESTRICTIONS -
EXECUTED BY LA COSTA LAND CO.
RECORDED : MARCH 10,. 1970, RECORDER'S FILE NO. 43138
RESTRICTIONS, IF ANY, BASED ON RACE, COLCR, RELIGION CR NATIONAL
ORIGIN ARE DELETED.
WHICH PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT CR RENDER
INVALID THE LIEN OF ANY MORTGAGE OR DEED OF TRUST PACE IN GOOD
1069979 PAGE 1
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FAITH AND FOR VALUE.
SAID COVENANTS, CONDITIONS AND RESTRICTIONS HAVE BEEN
INCORPORATED BY REFERENCE THERETO IN A DEED
EXECUTED BY LA COSTA LAND CO.
RECORDED : MAY 20, 1910, RECORDER'S FILE NO. 86775 AND
MAY 259 1970, RECORDER'S FILE NO. 89475 AND
MAY 12, 1910, RECORDER'S FILE NO. 81369
3. PROVISIONS, HEREIN RECITED, OF THE DEDICATION STATEMENT
ON THE MAP OF THE SUBDIVISION SHOWN BELOW
MAP NO. 9094
PROVISIONS : THIS IS A MAP OF A CONDOMINIUM PROJECT AS DEFINED IN
SECTION 1350 OF THE CIVIL CODE OF THE STATE OF
CALIFORNIA, CONTAINING A MAXIMUM OF 16 DWELLING UNITS
AND IS FILED PURSUANT TO THF SUBDIVISION MAP ACT,
4. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING
SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE
PURPOSES STATED HEREIN, AND INCIDENTAL PLRPOSES
IN FAVOR OF : SAN DIEGO GAS £ ELECTRIC CCMPANY, A CCRPCRATION
FOR : THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY
RECORDED MARCH 269 1960 9 RECORDER'S FILE NO. 80-103556
AFFECTS : THE 5410 EASEMENT AND RIGHT OF WAY IN THE AFOREDESCRIBED
LANDS SHALL BE SIX FEET OR MORE IN WIDTH, BEING THREE FEET
MEASURED AT RIGHT ANGLES, ON EACH SIDE CF EACH AND EVERY
ELECTRIC AND GAS UTILITY FACILITY INSTALLED WITHIN THE
AFOREDESCRIBED LANDS ON OR BEFORE MARCH 129 1981.
5. ANY INTEREST THAT ROUNDTREE LIMITED MAY HAVE IN SAID LAND,
THEIR INTEREST BEING INFERRED BY THAT CERTAIN INSTRUMENT ENTITLED
NOTICE OF CANCELLATION OF SHORT FORM OF CPTION AGREEfrENT,
RECORDED MAY 79 1980, RECORDER'S FILE NO. 80-152824.
6. A DIAGRAMMATIC PLAN
OF : P.OUNDTREE CONDOMINIUMS
EXECUTED BY TWELVE TREES CORPORATION, A CAIIFCRNTA CORPORATION,
ET AL
RECORDED DATE : SEPTEMBER 18, 1980
RECORDER'S FILE NO. : 80-302684
7. MATTERS IN AN INSTRUMENT WHICH, AMONG OTHER THINGS, CONTAIN OR
PROVIDE FOR CERTAIN EASEMENTS, ASSESSMENTS, LIENS AND THE
SUBORDINATION THEREOF, PROVISIONS RELATING TO PARTITION,
RESTRICTIONS ON SEVERABILITY OF COMPONENT INTERESTS, COVENANTS
CONDITIONS AND RESTRICTIONS, A PROVISION THAT ANY VIOLATION
THEREOF SHALL NOT DEFEAT OR RENDER INVALID THE LIEN OF A
MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE
EXECUTED BY TWELVE TREES CORPORATION, A CALIFORNIA CORPORATION
RECORDED : OCTOBER 99 19809 RECORDER'S FILE NO. 80-333762
1069979 PAGE 2
RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION CR NATIONAL
ORIGIN ARE DELETED.
1069919 PAGE 3
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DESCRIPTION:
LOT 1 OF CARLSBAD TRACT 17-14 (ROUNDTREE DEVELOPMENT), IN THE CITY
OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO MAP THEREOF NO. 90949 FILED IN THE OFFICE OF COUNTY RECCRDER OF SAN
DIEGO COUNTY, JANUARY 26, 1979.
1069979 PAGE 4