HomeMy WebLinkAbout1977-06-07; City Council; 5092; Request Waiver Public Improvement Ordinance at 4448 Highland Drive Owners Sam & Martha GuardamondoCITY OF CARLSBAD
AGENDA BILL NO.
DATE: June 7, 1977
DEPARTMENT: ✓ Public Works
,14 l
Initial:
Dept.Hd. _
C . Atty. ._
C. Mgr.•
Subject:
REQUEST FOR WAIVER OF PUBLIC IMPROVEMENT ORDINANCE
AT 4448 HIGHLAND DRIVE, OWNERS - SAM AND MARTHA GUARDAMONDO
Statement of the Matter
See attached Staff Report
Exhibits
1. Staff Report
2. Site Plan
Recommendation
That Council deny the request for waiver of application of the provisions of.
Section 18.40 of the Municipal Code.
Council action
6-7-77 The request for waiver of application of the provisions of
Section 18.40 of the P9unicip4l'Code was denied.
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MEMORANDUM
TO: City Manager
FROM: Public Works Administrator
DATE: June 2, 1977
SUBJECT: Request for Waiver of Public Improvement Ordinance - Guardamondo
Sam and Martha Guardamondo propose to build a residence at 4448 Highland, currently
a vacant lot. Since their plan would locate the structure within twelve (12) feet
of the front property line rather than the twenty (20) feet required by code, they
submitted a request for variance (#V-265 - application attached). The parcel of
land in question was the result of a 1960 lot split which followed a variance in
the minimum lot size, 10,692 square feet versus the 15,000 square feet required in
the zone (R-1-15). It is located near the sharp curve on Highland prior to its in-
tersection with Adams Street. The lot has a pad elevation approximatel ten (10)
feet above the street and its front slope encroaches into the fifty (50foot exist-
ing right of way by approximately eight (8) feet.
The Guardamondos' request for variance was, upon recommendation by staff, approved
by the Planning Commission subject to conditions which included dedication of five
(5) feet along Highland, a future agreement for public improvements and regrading
and/or a retaining wall along the Highland frontage.
When applying for a building permit (application was submitted prior to the April
19, 1977 moratorium deadline), the provisions of Section 18.40 of the Municipal
Code (Public Improvement Ordinance) were applied. The public improvements required
were the same as those required under the variance.
On May 26, 1977 the City received a letter, with appropriate fee, from Mr. W. N.
Sauer, Jr., representing the Guardamondos, requesting a waiver of the application
of Section 18.40. His reason for request was stated as being that the street is
wide enough and that the waiver would not perpetuate a hazard. These are the find-
ings that must be made in order for Council to grant a waiver.
Discussion
The slope on the subject property encroaches into the City's present right of way
by up to eight (8) feet. The Guardamondos would have to regrade and/or construct
a retaining wall in order to allow the City the full use of existing rights of way,
Should this not be done, when the City needs to use the right of way for construc-
tion, it would have to regrade and/or construct the retaining wall at its own ex-
pense in order to protect the Guardamondos' home which is twelve (12) feet behind
the present property line and ten (10) feet higher than the street. The granting
of the five (5) foot widening requested would allow the slope and/or retaining wall
to be in the proper location and would not interfere with any project which may be
needed to help improve driving conditions at this sharp curve in Highland. The
additional width could also provide a graded shoulder for emergency and on -street
parking.
Memo to City Manager -2- June 2, 1977
The Guardamondos now claim that, because of the location of adjacent buildings, no
variance is needed. While not an issue at this time, this claim has not been veri-
fied by the City and, in any event, would not eliminate the need for grading, dedi-
cation and a future agreement. If Council allows the waiver of applying the Public
Improvement Ordinance, the Guardamondos would still have to seek relief from the
conditions of the variance that was granted.
It is staff's opinion that the necessary finding, to allow a waiver under Section
18.40.100 of the Municipal Code, does not exist.
Recommendation
That Council deny the request for waiver of application of the provisions of Section
18.40 of the Municipal Code.
Ronald A. Beckman, P.E.
Public Works Administrator
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Attachments: Letter from Mr. Sauer dated May 26, 1977
Application for Variance
Planning Staff Report
Planning Commission Resolution No. 1288
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SWIRSKY 8 SAUER
PAUL S. SWIRSKY ATTORNEYS AT LAW
WILLIAM N. SAUER 2965 ROOSEVELT, SUITE H
THOMAS L. SAUER CARLSBAD, CALIFORNIA 92008
TELEPHONE (714) 729.1197
May 26, 1977
City Council
City of Carlsbad
1200 Elm Avenue
Carlsbad, California
Ladies and Gentlemen:
MAILING ADDRESS
POST OFFICE BOX II85
Ar -'---y
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The undersigned represents Sam Guardamondo and Martha Guardamondo,
whose address is 14B Cl.ub .Vista Lane, San Luis Rey Downs, California.
Mr. and Mrs. Guardamondo have submitted building plans for a sig9le
family residence to be located at A448 Highland Drive, Carlsbad.
It is my understanding that the proposed plans have been approved by
'the Building and Planning Departments of the City of Carlsbad. It is
my further understanding that the City Engineer's office has approved
the plans, subject to requiring the Guardamondos to do the following:
1. Offer a dedication to the City of Carlsbad of 5 feet
of property immediately adjoining the right of way in
Highland Drive.
2. Submit a grading plan.
3. Executea future street improvement agreement with the
City of Carlsbad.
This dedication and improvements are being required pursuant to Section
18.40 et seq. of the Carlsbad Municipal Code.
Section 18.40.100 provides that upon payment of a fee of $25.00 and a
written application, the City Council may.by resolution waive or
modify the above mentioned requirements. I am enclosing a check in
the amount of $25.00, made payable to the City of Carlsbad. I am
requesting that this matter be placed on the agdnda of the City Council
for June 7, 1977. I would request permission to address the City
Council at that time.
K
City Council
City of Carlsbad
Page ?,
The reasons for request of waiver or modification of these requirements
are as follows:
1.. Highland Drive, in the vicinity of the proposed
Guardamondo residence, has already been improved
to the maximum feasible and desirable state.
2. The granting of the waiver of modification will not
perpetuate a hazardous or defective condition or be
otherwise detrimental to the health, safety or
welfare of the residents of the City.
Please confirm with my office that this matter has been set on the
Council Agenda for June 7, 1977.
Very trLly yours,
W. N. S ER, JR. r
Encls.
WNS:aem
•� ' 7 { — 'It +, t REMITTANCE ADVICE,
. _ _ - . 1222., J
' a .WILLIAM N. SAUER - F
Attorney at Law
2965 ROOSEVELT 729-1197
1102
W' CARLSBAD, CALIFORNIA 92008
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07 Receipt No.
APPLICATION NO. VARIANCE
CITY OF CARLSBAD
(Please Type or Print)
Date:
1. REQUtST: Variance to # 21.10 0 0 - To construct s home with
briefly explain and indicate section of
a front yard of 12ft instead of 20ft.
Zone Ordinance affec-ted
2. LOCATION: The subject property is generally located on the
East side of Highland between Adams
and Hoover (4448 Highland)
3. ASSESSOR'S NUMBER: Book 206 Page 192 Parcel 19
Book Page Parcel (If more, please list on
bottom of this page).
4. -OWNER(S): Name Address City Zip Phone
i a+.-T =Qla f T=ui s Rey
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-Martha--L.- Gus r-damondo-Same -aa.abave----•--.---------_57:
5.
PERSON/ RE' SPOi;S=BLE FO PR=PAnA-iDiN •,- iirCi--;T ION: •-------_�_�_
. s
Name' Address City Zip Phone
6
Robert _Minkler- 174 T,emon Ave - Est,. - 7461-3658
APPLICANT'S SIGNATURE: I hereby declare that all information
.ontained within this application is true
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N•a m e A-d d r e s s Z i 9 ev- 77.4 r 9
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Representing (Company or Corporation)
Relationship to Property Owner(s):
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 a requirement; however, it may avoid major re-
drafting or revision of the plan which only serves to lengthen the
processing time..
ATTACHMENTS: Supplemental Fnfarmation Form - Planning 14-1
Standard Conditions - Planning 6-2
'Preparation Check List - Planning 12-2
Procedures - Planning 3-2
Form: Planning 13-1 Date of Planning Commission Approval
SUPPLEMENTAL INFORMATION FORM
VARIANCE
1) Gross Acres (or square footage, if less than acre) 10,692 sq ft
2) Zone R=TT75
3) General Plan Land Use Designation 9�b
4) By Idw,a"Variance may be approved only if certain facts are
found to exist. Please read these requirements carefully and
explain how the proposed project meets each of these facts.
Use additional sheets if necessary.
a) Explain why there are exceptional or extraordinary circum-
stances or conditions applicable to the property or to the
intended use that do not apply generally to t-he other property
or class of use in the same vicinity and zone: House was
b) Explain why such 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
toe proorrty in Iu2,.ic,,,, Requested variance is. necessary___. ._
for this home to fit on existi_ng_.building pad _with' small_
tya_r_d_in—th.e _c.entEr._--___�----------
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: Because of existing grade
contours this variance will not effect the view of any
other preperty owner in the axes,
d) Explain why the grantinq of such variance will not adversely
affect'the comprehensive general plan: The granting of
the variance will infill an.existing•neighborhood and
will allow developmeFt of a parcel without additional
ara ing.
FORM Planning 14-1 Date of Planning Commission Approval
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-STAFF REPORT
October 5; 1976
TO: PLANNING COMMISSION
FROM: PLANNING DEPARTMENT
CASE NO.: V-265
APPLICANT: MARTHA GUARDMONDO
REQUEST: A Variance from Section 21.10.030 of the Zone Code
to construct a structure in the front -yard setback.
Staff -recommends that V-265 be APPROVED for the following find-
ings and subject to the following 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 because:
a) The lot is abnormally shaped, having essentially
the same depth as width; ;y
b) The depth of the buildable area is further re-
duced by the steep topography of the site and adjacent property.
2) The variance is necessary for the preservation and en-
joyment of a substantial property right possessed by other
property in the same vicinity and zone but which is denied to
the property in question because:
a) Other property possesses the'right to develop a
single-family residence of the design proposed;
b) The subject parcel is denied the right to develop
according to the design proposed because of the shallow depth
of the buildable area.
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3) The granting of such variance will ,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 because:
a) Locating the house toward the front of the lot
protects it from the fire hazard of the overgrown slope at the
rear of the lot; and
b) The proposed location of the -house will not intrude
on the view of Agua Hedionda Lagoon from the house to the north.
4) The granting of such variance will not adversely affect
the comprehensive General Plan because:
a) The reduction in the front yard setback will not
affect the dwelling unit density for the subject location.
CONDITION
1) Approval is granted for the land described in the appli-
cation and any attachments thereto, as shown on the plat plan
submitted, labeled Exhibit A, dated September 10, 1976• The
location of all feitures shall be located substantially as shown
on the plot plan, '
2) Encroachment into the front yard will occur only as
shown on the approved plot plan with no exceptions..
3) The applicant shall maintain an all-weather walk-on all.
.sides of the structure.
4) Prior to issuance of a building permit, the applicant
shall dedicate, for street purposes, an'additional 5 feet along
the lot frontage and shall execute a lien contract agreement for
future installation of complete public improvements in Highland
Avenue along the lot frontage on the basis, of a 30-foot half -
street section, according to the City of Carlsbad Standards, all
in accordance with Chapter 13.40 of the Carlsbad Municipal Code.
5) The ultimate Highland Drive right-of-way shall be graded
and'slopes and/or retaining walls along the right-of-way shall
be constructed on the lot prior to the construction of the resi-
dence,
BACKGROUND REPORT
Location and Description of Property:
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The 10,692 square feet (993 M2)• parcel is an unus ): l shape
and at d higher elevation than the street level. Much of
the lot area is in slopes.
Street level is aPproxima''ely 90 feet. The pad elevation is
approximately 100 feet.
eet fron,
The lot has approximately 105.eeti of the rlot frontage, othere
h
land Drive. At the point of meeting
is about a 10% street grade on Highland Drive.
The slope from Highland Drive up to pad is about 1 to 1 or
greater. '
The property is at a higher elevation than surrounding prop-
erty, with the exception of the adjacent Pr25efeetthigher o the nthan
�
The property to the north is approximately,
the subject property.
An existing driveway has been cut from street grade property.
Subject level on the northwestern corner of the subject prop
Exist ing Zoning:
Subject Parcel: R-1-1.5,000
North: R-1-15,000
South: R-1-15,000
East: R-1-15,000
West: R-1-15,000
Surroundinq Land use:
Subject Parcel: Vacant 'r
North: Single Family Residence
South: Single Family Residence
East: Unbuildable slope
West: Highland Drive and vacant
Past History and Related Cases:
None. -
Evnironmental Impact Information:
rements Of
The project iscategorically
exemOrdinancefr oastaeminor
alteration
.the EnvironmentProtection
in land use (Section 19.04.090 (C4)).
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.General Plan Information:
The Land, Use Map of the General Plan designates the subject
propertyfor RLM, Residential Low -Medium Density (0-4 dwelling
units per acre) use.
Public Facilities:
The subject site falls within the water and sewer service
boundaries of the City. ;
Street improvements do not exist -on Highland Drive.
DISCUSSION
Because the lot's yard areas are unusable, the applicant has
proposed a house resign which provides an interior patio area.
This design move!? the outer walls of the structure outward,
into the front yard*setback.
The house as proposed, would encroach up to 7 feet from the _
front property line (13 feet into the front yard setback).
Moving the house toward the rear of the lot would not change
the necessity for a variance -- the house would be moved into a
the rear yard setback (20 feet). Such a relocation would re-
quire.additional grading and/or pilings, which is undesirable s
from the applicant's standpoint. It would also increase the
fire hazard from the overgrown slope at the -rear of the lot.
One of the lot's amenities is its view of Aqua Hedionda lagoon
to the southwest. The proposed location of the dwelling will
not intrude on the view from the house to the north, because
it-doesgintrude into that house's 'view -line'.
For these reasons, staff believes that the variance is justi-
fiable as proposed.
AM :'s
Attachments:
Location Map
Exhibit A, Plot Plan, dated September 10, 1976
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PLANNING COMMISSION RESOLUTION NO. 1288
RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA, APPROVING
A VARIANCE FROM SECTION 21.10.030 OF THE
;ZONE CODE TO CONSTRUCT A STRUCTURE IN THE
FRONT -YARD SETBACK ON PROPERTY LOCATED AT
4448 HIGHLAND DRIVE.
CASE NO.: V-265
APPLICANT: MARTHA GUARDAMONDO
WHEREAS, a verified application for a certain property, to
wit:
All that portion of Lot 12 in Block "E" of Bella Vista
in the City of Carlsbad, County of San Diego, State of
California, according to the Map thereof No. 2152, filed
in the office of the County Recorder of said San Diego
County, March 7, 1929
Chas been filed with'the City of Carlsbad and referred to the Plan -
fining Commission; and
WHEREAS, said verified application constitutes a request as
provided by Title 21 of the "Carlsbad Municipal Code".; and
WHEREAS, the public hearing was held at the time and in the
place specified in said notice on October 13,.1976; and
WHEREAS; at said public hearing, upon hearing and considering
the testimony.and arguments, if any, of all perons who desired to
be heard, said Commission considered all factors relating to the
Variance and found the following facts and reasons to exist:
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 grid zone becavie:
a) The lot is abnormally shaped, having essentially the
same depth as width;
b) The depth of the buildable area is further reduced by
the steep topography of the site and -adjacent property.
X X X X X
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2)
The Variance is necessary for the preservation and enjoyment
of a substantial property right. possessed by other property
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in the same vicinity and zone but which is denied to the
property in question because:
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4. 'Other property possesses the right to develop a single- .
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family residence of the design proposed;
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b) The subject parcel is denied the right to develop accord-
ing to the design proposed because of the shallow depth
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of the buildable area.
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3)
The granting of such variance will not be -materially detri-
mental to the public welfare or injurious to the property or
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improvements in the vicinity and zone in which the property
is located because:
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a) Locating the house toward the front of the lot protects
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it from the fire hazard of the overgrown slope at the
rear of the lot; and
17.
b) The proposed location of the house will not intrude
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on the view of Agua Hedionda Lagoon from the house to
the north.
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4)
The granting of such variance will not adversely affect the
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-comprehensive General Plan. because:
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a) The reduction in the front yard setback will not affect
the dwelling unit density for the subject location.
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NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of
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the
City of Carlsbad as follows:.
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A)
That the above recitations are true and correct.
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B)
That a Variance from Section 21.10.030 of the. Zone Code to
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construct a structure in the front -yard setback be approved
and is subject.to..the following conditions:
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1) Approval is granted for the land described in the
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application and any attachments thereto, as shown
on the plot plan submitted, labeled Exhibit A, dated
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1
September 10, 1576. The location of all features shall
be located substantially as shown on the plot plan.
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2) Encroachment into the front yard will occur only as
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shown on the approved plot plan with no exceptions.
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3) The applicant shall maintain an all=weather walk on all
sides of the structure.
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4) Prior to issuance of'a building permit, the applicant
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shall dedicate, for street purposes, an additional 5
feet along the lot frontage and shall execute a lien
IM
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rw, contract agreement for future installation of complete
��IIe►v ►f� public improvements in Highland Avenue along the lot
frontage on the basis of a 30-foot half -street section,
Q according to -the City of Carlsbad Standards, all in
;•accordance with Chapter 18.40 of the Carlsbad Municipal
Code.
5 5) The ultimate Highland Drive right-of-way shall be graded
and slopes and/or retaining walls along the right-of-way
6 shall be constructed on the lot prior to the construction
of the residence.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
l� 8 of Carlsbad Planning Commission held on October 13, 1976 by the
9 following vote, to wit:
10 AYES: Commissioners Jose, L'Heureux, Fikes, Nelson, Larson
11 and Rombotis.
12 NOES: None..
13 ABSENT: Commissioner Watson.
14 ABSTAIN: None.
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17 Steph n M. L'H6ure x, Chairman
18 ATTEST:
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21 Donald A. Agatep, Sec etary
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.... 'CITY OF CART BAD _. , ..... _ . - 4% o _
MEETING OF: PL,.,INING COMMISSION G �O s
DATE: OCTOBER 13, 1976
TIME: 7:30 P.M. G is
PLACE: COUNCIL CHAMBERS -�
Case No. V-265, Martha Guardamondo - Request for ap-
proval of a Variance from the front yard requirement
of the R-1 zone. ,
Assistant Planning Director Bud Plender gave the
staff'presenta'tion stating that because the lot's yar,
areas are unusable, the applicant has proposed a
house design which provides an interior patio area.
This design moves the outer walls of the structure ou
ward into the -front yard setback.
David Smith, 4020 Vista•Calaveras; Oceanside, CA.
respresented the applicant and that they.concurred
with the staff's recommendations. He did ask that
on page 4 of the staff report, next to last paragraph
that the word "not" be inserted so that the last
sentence of this paragraph would read "The proposed
location of the dwelling will not intrude on the view
from the house to the north, because it does not in-
trude into that house's 'v.iew-line'." •
A motion was made approving ZC-265 as.per the finding
and conditions outlined in the staff report.
Motion
Ayes X, X X X
Absent X
X
X X
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