Loading...
HomeMy WebLinkAbout1978-11-07; City Council; 5641; SP 175A, APPLICANT: HOWARD SHOMATE ALTAMIRA HOMEOWNER'S ASSOCIATIONc e CITY OF CARLSBAC __. . @ 4 Ini ti a1 Dept. Hd. November 7, 1978 C. Atty. 51 C. Mgr. - - AGENDA BILL NO. 66 Lt// DATE: DEPARTMENT : Planning SUBJECT - SP-175 (A) , Applicant: Howard Shomate Altarnira Homeowner's Association Statement of the Matter The specific plan of Altamira was approved with a detail exhil showing a 10' minimum distance between the dwelling units and the rear property line. The Specific Plan did not provide fol patio covers within this area. According to the Homeowner's Association, many residents in Altamira would like to put patj covers in this area, especially since for the most part these are west facing. Since the specific plan did not provide for addition, staff determined that an amendment to the specific 1 would be necessary. The Planning Commission recommended approval of this amendment the specific plan with criteria for the development of patio c within this setback area. Exhibits Planning Commission Resolution No. 1478 Staff Report dated October 11, 1978 Recommendation If the City Council concurs with the Planning Commission, the City Council should direct the City Attorney to prepare documc approving Specific Plan 175 (A) as per Planning Commission Resolution No. 1478. Council action: 11-7-78 Council directed the City Attorney to prepare documents approving Specific Plan 175(A) as per Planning Commissioi Resolution No. 1478, subject to deletion of Condition No RP:ms 10/16/78 2 3 4. 5 6 7 8 9 10 11 B2 13 14 15 16 97 18 19 20 21 22 23 24 25 26 27 28 I RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO SPECIFIC PLAN (SP-175) TO PERMIT PATIO COVERS IN REAR YARDS IN THE ALTA MIRA NO. 4 SUBDIVISION. CASE NO. : SP-174 (A) APPLICANT : Howard Shomate (Homeownerqs Associati WHEREAS, a verified application for a certain proper wit: Portion of Ea Costa Downs Unit No. I, according to Map thereof No. 2013 filed in the Office of the Coun Recorder of San Diego County, April 6, 1927 and thos portions of Fractional Sections 20 and 21, Township South, Range 4 West, San Bernardino Meridian. has been filed with the City of Carlsbad and referred to Planning Commission; and WHEREAS, said verified application constitutes a req as provided by Title 21 of the "Carlsbad Municipal Code"; WHEREAS, the Planning Commission did on the 11th day October, 1978, hold a duly noticed public hearing as pres by law to consider said request; and . WHEREAS, at said public hearing, upon hearing and cc the testimony and arguments, if any, of all persons who d to be heard, said Commission considered all. factors 'relat Specific Plan Amendment and found the following facts and to exist: I The proposed Specific Plan Amendment is consistent P General Plan because it will not increase the density of existing development nor will it affect circulation patte // e + .- > r 1 m 1) PLANNING COMMISSION RESOLUTION NO. 1478 c *I : 1 . 2 3 4 5 6 7 9 10 fl . 12 f3 14 3.5 16 97 3.8 19 20 21 22 23 24 25 26 27 28 e * The proposed Specific Plan Amendment 'is consistent wi City of Carlsbad Environmental Protection Ordinance becau: categorically exempt pursuant to section 19.04,040 (c), (4 The proposed Specific Plan Amendment conforms to Cit] and ordinances dealing with public facilities because, if the amendment will not result in any additional load on pi facilities, 8. WHEREAS, the Planning Commission by the following vo' recommended APPROVAL of SP-l75(A) as follows: Item 1. ,- (a) should be added to section 3 of Specific Plan read: (a) Patio covers open on two sides may be added to the UI provided that: 1. Sideyard setbacks as shown on SP-175 shall be m and shall not be closer than 3' from a common p line D 2, Foundations and vertical structural members sha maintain a setback of two feet from rear proper or top of slope, whichever is closer to the mai ture o Patio covers shall be designed and arranged so do not substantially interfere with the ocean v adjoining units. Patio roofs may not overhang property lines or slopes and shall be designed so that all roof d falls on the flat portion of the property on wh patio cover is located. AYES : Rombotis, Larson, Schick, L'Heureuxo Wrenc 3. 4, Jose ABSTAIN: Marcus NOES : None // // -2- * c c- I. 1 .2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 3.7 18 39 20 21 22 23 24 25 26 27 28 e * NOW, THEREFORF: BE IT RESOLVED that the above recitatj are true and correct. JERRY ROMBOTIS, Chairmz CARLSBAD PLANNING COMMl ATTEST: JAMES C. HAGAMAN, Secretary CARLSBAD PLANNING COMMISSION ' -3- c 4 STAFF REPORT 0 6 .I'.o? 'I., e - DATE : October 11, 1978 TO : Planning Commission FROM: Planning Department CASE NO: SP-l7S(A) APPLICANT: C. Howard Shomate REQUEST: AMENDNENT TO SPECIFIC PLAN FOR ALTAMIRA UNIT NO. 4, TO PERMIT PATIO COVERS IN REAR YARDS, BACKGROUND Location and Description of Property The subject property is a recent subdivision of 137 dwelling wits and common areas, generally located west of Paseo Del Norte, north Camino Dc Las Ondas, east of Caminito Del Prado and south of Camin Estrada. The property slopes upward to the east, affording all re a panoramic view of the Pacific Ocean. The dwelling units also ha irLayimuin exposui:.. to a-fternoon sun. Existing Zoning Subject property: P-C North: P-C East: P-C West: P-C South: P-C! Existing Land Use Subject property: Single family attached residential . North: Single family attached residential South: East: West: Single family attached residential Environmental Impact Information The proposed project is categorically exempt from provisions of ti Carlsbad Environmental Protection Ordinance. Section 19.04.090(c) exempts minor alterations in land use limitations, iccluding minoi lotline adjustments and setback variances not resulting in the crc of any new parcel or in any change in land use or density. GENE FaL I P LAN INFORMA'I'ION The Land Use Element of the General Plan designates the subject property for Residential Medium Density, 4-10 dwelling units per i The proposed Specific Plan Amendment will not alter the present dl unit density of 7.4 dwelling units per acre. d. < j.1- ~ * m PUBLIC FACITAITIES The project as proposed will generate no additional demands on pub facility systems. PAST HISTORY AND RZLATED CASES SP-175, Alta Mira Unit Four, Ordinance No. 9465. The Ordinance approving the Specific Plan for the subject residential delreiopmen was adopted by the City Council July 6, 1976. Section 3 of the Ordinance titled Development Conditions, contains a clause stipula that all facilities and features of the development shall be locat substantially according to the official plot plan Exhibit "C", dat May 3, 1976. That plot plan includes detail diagrams of typical 1 These details show a LO foot minimum distance required from the re of the dwelling unit to the rear property line. Since many of the in Alta Mira Unit Four are small it is often difficult for homeown to add patio covers to their structure and still maintain the 10 fi rear yard requirement. MAJOR PLANNING CONSIDERATIONS 1. _I Will the proposed amendment to the Specific Plan create healt welfare or safety problems for residents of this d-evelopment? 2. 3. .Will views of adjacent property owners be blocked? Will drainage and rain run-off be impaired? DISCUSSION Specific plans, as defined in State La~7, and PUD's are relai.jvely planning tools in the City of Carlshad. to k worked out. one of the bugs of SP-175 is the lack of standards fc any future adjustments to the individual units, It makes Sense tc allow for such things as patio covers, spas, room additions Or roc enlargements. For these things are likely to Occur in single farni ownership developments. The homeowner's association is applying for an amendment to their specific plan to a3.J.ow for the addition of patio covers to their 1 They've asked for a 2' setback from rear lot lines for patio cove: only. Staff feels that in many instances the 2' setback may be a; priate. However, tnere are several lots where the rear lines fal. slopes. Staff would suggest that setbacks be from either the top slope or the property line, whichever is closest to the structure The slopes are intended to be common areas cared for by the homeoi association. It would be inconsistent with the subdivision and specific plan design to allow development to encroach over the to] of slopes on some units and not on others. It could also pose a problem to the maintenance of slopes. There are bugs st1 'Setbacks are required in normal subdivisions to provide light, aij access around buildings and an outside useable area. The system * of common areas throughout the Altzxira development fulfills thosc functions so that there is not a need to provide the type of setb; normally required in an R-1 deveLopncnt. -2- 1. .% e a - Any amendment to the specific plan allowing for additions to the existing build-ings should be conditioned to be sensitive to the views of other units, drainage onto slopes and access to and aroui . units. The staEf recommendation addresses these concerns. STAFF RECOMMENDAT ION Staff recommends that the P.C. recommend approval of SP-175 to tht City Council as stated below based on the following findings. 1. The proposed specific plan amendment SP-l75(A) is consistent with the general plan because it will not increase the densi. of the existing development nor will it affect circulation patterns. 2. The proposed specific plan amendment is consistent with the I of Carlsbad Environmental Protection Ordinance because it is categorically exempt pursuant to section 19.04.040 (c), (a), The proposed specific plan amendment conforms to City politic and ordinances dealing with public facilities because, if ap' the amendment will not result in any additional load on pub3 facilities. 3. ' Item l.,(a) should be added to section 3 of specific plan 175 as follows : (a) Patio covers open on two sides may be added to the units pro that: (1) Sideyard setbacks as shown on SP-175 shall be maintained and shall not be closer than 3' from a corimon property line. (2) Foundations and vertical structural members shall main-La a setback of two feet from rear property lines or top of slope, whichever is closer to the main structure. (3) Patio covers shall be designed and arranged so that they do not substantially interfere with the ocean view of adjoining units. (4) Patio roofs may not overhang property lines or tops of slopes and shall be designed so that all roof drainage falls on the flat portion of the property on which the patio cover is located, DA/DLR/ar 10/5/78 yIcL-L.. -.. ~ ~ .. r . ,. . .*,* .. : .. , ~. . ___---.I- ---- y.^ -_-...- *..." *. . FORI4 PLANN I NCI 52 ' ...-.- .--_...______.._ _.,-.-- , ." _.--.. -. . -_ . ,_--. . I * .-,, > * 0 6739 Nepcta Way Carlsbad, Ca. 9208 June 2, l.978 A$@C Director, Planning Commissicn City of Casl.sbad Carlsbzd, Ca, 92008 Dear Sir: Homeowners Association Board of Directors and a member of -the Architectural Committee for that group, wrote to you pursuant tc our problem in regard to securing building permits for the addj: of patio covers to our homes. Because we feel that we have a very unique situation we would like to expand on the inforiliation in hr. Rodgers letter. As he st.ated, the principal living areas of all of our hc faces due westa In addition this exposure is better than 50% g: in the major.ilty of houses, The need for some shading from the a'fternoon sun is very apparent. With a 3'4 set back in she front, a 2'-0 set back on opi sides and zero set back between abutting houses,the rear, or *:de! side, provides the only outside iiving space, These patio 1ivi.i areas become almost unbearable on su~ny afternoons without cove: Because the houses are all located on the top of 15 to 21 high, steep (1% to .I.> banks with a distance ranging from 3 to I( beJcween hctuse and bank crest in most cases, there is no chance : securing shade from trees, The rear lot Lines are an odd arbitrary araancjenrent. Th ban!cs were supposed to be common property to allow for common ni ~enance, but when the final grading was coo pleted many of the r' lot lines wound up part way down the banks so that the cornmon rn ensnce area becomes partly private property and partly cormon p. which really makes the rear lot line meaningless, From my experience in developing and administering build codes during my years as Chairnan of the Planning Conmission of eastern city it has always been my understanding that the purpo of a set back is to keep a structure from approaching too close a thoroughfare GT an adjcining property to insure thai: all. prop gets it fair share of light and that the structure is clear eno of traffic ways to insure that it is not a danger to the health safety of people during their normal activities. . 'I q 1200 Elm Avenue UL. CITY fJ$ PEHnning On !;lay 22nd hire George Rodyers, a member of Altamira #4 .I. -. * 0 a. . .. We respectfully submit that it is our opinion that sett: an arbitzary set back from a line that is-not coincident with ( iable territory because that line falls on a 16 to 1 slope, fa: to accomplish any of the intended purposes of a set back, :!be believe that a set back designation fron the easement line of I adjoining thciroughfare would bs a much fairer arranyel1len-k and IJ allow us to handle this matter in a manner that would allow tht occupants to more satisfactorily develop their small living sp; without extending beyond reasonable encroachment limits. We will appreciate your thoughtful consideration of our problem, F chitectural Coinnittee #I Development tee I\:iernber , 1- *’ I a ,iftc-r the ~i,:nriw~~on you hvc qb!itzittc-cl 112% bccn rwicded, it is dc L~rniiricd ,at furt.lier inforn~(~on is recpiJicc, you wlll >e so advised. APPIICANT: _A_lt;nira Unit 4 Ec?2pwners A?sociation, In_c, !;,,ne (individual, InrLiicrship, joint venture, corporat30nr syndic,ition) % Loogis Prgcrties, 2805 Oceanside Blvd, Oceai7Fjde, CA 92054 I___--__- Business ?ddress i 4 33-0%7 ---~- TClCphoiIe IJurnIxr -- AGPNT : 1&um ____ _- -- Business Address - Telephone Nu;?Ler EiCibjERS: C. Howard Shonate, President 6725 Russelia Court Kame (individual, partner, loint Home Address venture, corporation, syndication) Carlsbad, CA 32008 ----- ___--- Businass iiddrcss 438-0912 __________ ~-________~~ Telephone Iduiiber Telephone Nuirbcr - __ Name Hone Adsress __-_____I_-_ .__-__ Business Address ?a _I-- Telephone Kuinber Telephone Nwber - I (Attach more sheets if necessary) I/We declare under penalty of perlury that the information contained in this dis- closure is true and correct and that it will remaln true and correct and may be relied upon as being Cruc and correct until amended. ._- Altamira Unit 4 Honeowners Association, Appl 1 Can t inc, BY dk,-.,-d /k-z9= s id ent ~~x~mxxx~~xx~ 1 ,I e e NOTICE OF PUBLIC HEARING SPECIFIC PLAN 175-A NOTICE IS HEREBY GIVEN that the City Council of the City o Carlsbad will hold a Public Hearing at the City Council Chambers 1200 Elm Avenues Carlsbad, California, at 7:30'P.M. on Tuesday, November 7, 1978, to consider Specific Plan 175-A to permit pat? covers in Altamira Unit No. 4 on property generally located on t west side of Paseo Del Norte and north side of Camino De Las Ond and more particularly described as: Portion of La Costa Downs Unit No. 1, according to Map thereof No. 2013, filed in the Office of the County Recorder of San Diego County, April 6, 9927, and those portions of Fractiona? Sections 20 and 27, Township South, Range 4 West, San Bernardino Meridian. APPLICANT: C. Howard Shomate PUBLISH: October 25, 1978 CARLSBAD CITY CO . -._..* R.. ' I. .. e e NOTICE OF PUBLIC HEARING SPECIFIC PLAN 175-A NOTICE IS HEREBY GIVEN that the City Council of the City 01 Carlsbad will hold a Public Hearing at the City Council Chambers. 1200 Elm Avenue, Carlsbad, California, at 7:30 P.M. on Tuesday, November 7, 1978, to consider Specific Plan 175-A to permit patic covers in Altamira Unit No. 4 on property generally located on tt. west side of Paseo Del Norte and north side of Camino De Las Ondc and more particularly described as: Portion of La Costa Downs Unit No. 1, according to Flap thereof No. 2013, filed in the Office of the County Recorder of San Diego County, April 6, 1927, and those portions of Fractional Sections 20 and 21, Township South, Range 4 West, San Bernardino Meridian. APPLICANT: C. Howard Shomate PUBLISH: October 25, 1978 CARLSBAD CITY COI ..a -- - 1 . .a '. _- NOTICE OF PUBLIC HEARING SPECIFIC PLAN 175-A NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will hold a Public Hearing at the City Goycil ChambersJ ,1200 El Carlsbad, California, at 7:ao P,M, on wdnesaay, Plan 175-24 to permit pa in Altamira Unit No, 4 on property generally located the west side of Paseo Del Norte and north side of Camin das, and more particularly described as: 1978 to consider Specific Portion of La Costa Downs Unit No 1, according to Map the No. 2013. filed in the office of the County Recorder of San Die County, April 6, 1927 and those portions of Fractional Section and 21, Township South, Range 4 West, San Bernardino Meridian Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. If you have any questions, please call 729-1181 and ask for the Planning Department, APPLICANT: C, Howard Shomate PUBLISH: September 30, 1-978 CITY OF CARLSBAD PLANNING COMMISSION YW3-.3r ‘~dIllJd1L LU L.J VI Patrick Randall, 9074 Caminito Estrad . Carlsbad, Ca, 92008 6 ._ ,__ - Carlsbad, Cao 92008 --.- - 305-21 David Peterson ’ 9094 Caminito Estrad Carlsbad, Ca, 92008 20619 Oxnard Ste . _. * - - . Karen Barnett 9341. Buell St. Downey, Ca- 90249, - - -- _________ Carlsbad, Ca, 92008 Carlsbad, C 413 Pi.- HaLC . - - -*--.. -__- - . Escondido, Ca)&& Elizabeth E - -- -~~ . .bS --_-..--- . -- Carls’xsad, ( __ _-_-_ - .^ - - __ - - --->:s ._ . .--.- _- L.. __ - -. .. -- ~ ~ 905-A Camj Eugene Beirner 6723 Camino’ del Prado Carlsbad, Ca. 92808 s ’- i -b i. -\ *- ..~rn~~ie~.ee..e.eaDID**Orn~* >. . ._ - -. -. . . -- - e e we.. . e e e e a .-e ern o bee- DO~ ?30547 Thomas Reickerlz 67034 Paseo del Nart rlsbad, Ca, 92088 . ‘t -* Bredo Ca. 92621