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HomeMy WebLinkAboutAV 05-01; Accardi Family Fireplace; Administrative Variance (AV)CITY OF CARLSBAD LAND USE REVIEW APPLICATION 1) APPLICATIONS APPLIED FOR: (CHI | j Administrative Permit I* I Administrative Variance Cc cc Coastal Development Permit Conditional Use Permit Condominium Permit Environmental Impact Assessment General Plan Amendment Hillside Development Permit I I Local Coastal Program Amendment D D Master Plan Non-Residential Planned Development Planned Development Permit ECK BOXES) (FOR DEPARTMENT USE ONLY) OF-0 (D • — D D 1 D D n n Planned Industrial Permit Planning Commission Determination Precise Development Plan Redevelopment Permit Site Development Plan Special Use Permit Specific Plan Tontativ© Parcol Map Obtain from Engineering Department Tentative Tract Map Variance Zone Change List other applications not specified (FOR DEPARTMENT USE ONLY) 2) 3) 4) ASSESSOR PARCEL NO(S).: PROJECT NAME: 2. 09 --oo BRIEF DESCRIPTION OF PROJECT: 5) OWNER NAME (Print or Type) MAILING ADDRESS CITY AND STATE ZIP TELEPHONE EMAIL ADDRESS: 1 CERTIFY THAT 1 AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. ^\ /^\ SIGNATURE DATE 6) APPLICANT NAME (Print or Type) MAILING ADDRESS CITY AND STATE ZIP TELEPHONE EMAIL ADDRESS: 1 CERTIFY THAT 1 AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE DATE 7) BRIEF LEGAL DESCRIPTION 102 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. 12/04 PAGE 1 OF 5 8) LOCATION OF PROJECT: ON THE BETWEEN (NORTH, SOUTH, EAST, WEST) STREET ADDRESS SIDE OF AND (NAME OF STREET) (NAME OF STREET) 9) LOCAL FACILITIES MANAGEMENT ZONE 10) PROPOSED NUMBER OF LOTS a 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 f EE REQUIRED RECEIVED FEB 01 2005 CITY OF CARLSBAD PLANNING DEPT DATE STAMP APPLICATION RECEIVED RECEIVED BY: \J i Form 14 Rev. 12/04 PAGE 2 OF 5 JUSTIFICATION FOR VARIANCE By law 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. 1. Explain what special circumstances are applicable to the subject property, including size, shape, topography, location or surroundings, whereby the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification: 2. Explain why the granting of the variance does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is located and is subject to any conditions necessary to assure compliance with this finding: 3. Explain why the granting of the variance does not authorize a use or activity which is not otherwise expressly authorized by the zone regulation governing the subject property: 4. Explain why the granting of the variance is consistent with the general purpose and intent of the General Plan and any applicable specific or Master Plans: Form 3 Revised 04/04 Page 4 of 4 ACCARDI FAMILY FIREPLACE JUSTIFICATION FOR VARIANCE: #3 The granting of the variance does not authorize a use not authorized by zone regulations The fireplace is authorized, The problem is two feet of height which actually adds aesthetically not only to my property but the beaut)' of the neighborhood. The fireplace has a rock facing. That rock was also added to the back of the fireplace so that neighbors up the hill as well as those walking on the street side who get a glimpse of the back see something aesthetically pleasant that fits into and adds to quality of the neighborhood #4 The granting of the variance is consistent with the General Plan. The General Plan's intent is, presumably, controlling growth and creating beauty within the city without congestion to encourage a better living environment and safeguard & increase quality of life. Carlsbad is a quality community that maintained it's village charm. Granting the variance will not disturb that. Granting the variance will be consistent because the fireplace, it's location and structure with the rock finish, reminiscent of the Carlsbad Inn, adds to the charm not only to mv home but to the community as well. The Accardi family, 18 year residents of Carlsbad, respectfully request your help in getting through this situation and thank you in advance for time and efforts. 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 of, the application. Use an addendum sheet if necessary. Description/Explanation: PROJECT DESCRIPTION: ACCARD1 FAMILY FIREPLACE The backyard fireplace which is over six feet in height is three feet from the back properly line. Although an error was made, when built, in not being five feet from the property line, we request an Administrative Variance to allow us to leave the fireplace intact. The fireplace does not cause any safety or privacy issues with others. It is at the back of the property in the middle of the lot. There is no one in the back of the property. It is an area of dedicated open space; a steep hill of @ 45 degrees on which nothing will ever be built. Directly adjacent to die wrought iron fence at the end of my property is a water culvert which is about four feet wide. The property is a corner lot and so I have just one adjacent neighbor whose property line is @ 25 feet from llic fireplace. That neighbor . as well as others, have been to my home and are pleased with our landscaping, including the fireplace, in that it has added to the quality of the community. Photos are provided to exhibit the project probably better than I can verbally explain. Project Description 10/96 Page 1 of 1 #*""> City of Carlsbad Planning 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.) ^ • "r\c <^ ft.fr \ Corp/Part _Person Title Address S 15* SteiMfr><=eV< Title Address 2. 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.) Person Title Corp/Part. Title Address Address 1635 FaeZtlay Avenue • C**SOaa, CA 3203&7314 > (760) €02-4600 * FAX (760) 602-6339 • 3. 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 4. 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? | I Yes I vj 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. Ck GL^/JU. 1-4--QS cfc^M^A. (A uL^U; 2,- 4 - Signature of owner/date Signature of applicant/date Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 /**** LOCATION MAP GENERAL UTILITY & ACCESS EASEMENT AREA OF ENCROACHMENT 6' HIGH TUBULAR} STEEL FENCE ) STEINBECK CT. Q o CO U Q , PROJECT NAME SHEA HOMES CT97-16A. LOT 102 APN 20&-182-19 PROJECT NUMBER EXHIBIT C RAW B*: SCOn WANS. CARLSBAD ENGtNttRlNG DCPT. tl/26/ta C:\K\fLOPUEN7PKOJECTS\PK03-IOS.DWS o 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): n 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. O 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:ft Address: Phone Number: PROPERTY OWNER Name: ~' Address: Phone Number: Address of Site: Local Agency (City and County): Assessor's book, page, and parcel number: Specify list(s): Regulatory Identification Number:. Date of List: •"V%T--VC\ -Op Applicant Signature/Date Admin/Counter/HazWaste Property Owner Signature/Date 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • {760} 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us The Hazardous Waste and Substances Sites (Cortese List) is a planning document used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. Government Code section 65962.5 requires the California Environmental Protection Agency to develop at least annually an updated Cortese List. Below is a list of agencies that maintain information regarding Hazardous Waste and Substances Sites. Department of Toxic Substances Control www.dtsc.ca.gov/database/calsites Calsites Hotline (916) 323-3400 State Water Resources Control Board www.swrcb.ca.gov/cwphome/lusfis County of San Diego Certified Unified Program Agency (CUPA) Mike Dorsey Chief, Hazardous Materials Division Department of Environmental Health Services Hazardous Materials Management Division Mailing address: P.O. Box 129261 San Diego, CA 92112-9261 (619)338-2395 Call Duty Specialist for General Questions at (619) 338-2231 fax: (619) 338-2315 www.co.san-diego.ca.us Integrated Waste Management Board www.ciwmb.ca.gov 916-255-4021 Environmental Protection Agency National Priorities Sites ("Superfund" or "CERCLIS") www.epa.gov/superfund/sites/cursites (800) 424-9346 National Priorities List Sites in the United States www.epa.gov/superfund/sites/npl/npl.htm 5/19/03 c NOTICE OF EXEMPTION To: Office of Planning and Research From: CITY OF CARLSBAD P.O. Box 3044 j—, Planning Department Sacramento, CA 95812-3044p D 1L IS ^p/ 1635 Faraday AvenueGregory J. Smith, Recorder/County Clerk Carlsbad CA 92008 County Clerk APR 2 1 2005 (760)602-4600 » County of San Diego , . HAY 2005 Attn: Piti ^Tirrin Pr"m 0/;f|QY^ 1,1-1.111 1600 Pacific Highway San Diego CA 92101 Subject: Filing of this Notice of Exemption is in compliance with Section 21152b of the Public Resources Code (California Environmental Quality Act). Project Title; AV 05-01 - ACCARDI FAMILY FIREPLACE Project Location - Specific; 5158 Steinbeck Court Project Location - City; Carlsbad Project Location - County; San Diego Description of Project; Eight-foot tall detached fireplace structure Name of Public Agency Approving Project; City of Carlsbad Name of Person or Agency Carrying Out Project; City of Carlsbad Name of Applicant; Leonard A. Accardi Applicant's Address; 5158 Steinbeck Court. Carlsbad. CA 92008 Applicant's Telephone Number; 760-804-0058 Exempt Status: (Check One) D Ministerial (Section 21080(b)(l); 15268); D Declared Emergency (Section 21080(b)(3); 15269(a)); D Emergency Project (Section 21080(b)(4); 15269 (b)(c)); 03 Categorical Exemption - State type and section number: New Construction, 15303 EJ-C —-—Stafefe?y-Ex^mptJ-ons. - State, cpiiejmmber: Reasons why project is exempt; New construction of an accessory structure Lead Agency Contact Person; GregFisher _ Telephone; (760) 602-4629 If filed by applicant: 1 . Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project? DYes D No DON T^EU, Assistant Planning Director Date ^ Signed by Lead Agency Date received for filing at OPR: [H Signed by Applicant Revised March 2004 MAY 2 3 200^ C O 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 a two-foot reduction in the rear yard setback to accommodate an existing outdoor fireplace on property generally located at 5158 Steinbeck Court, Carlsbad, 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 Greg Fisher in the Planning Department at 602-4629. CASE NO.:AV 05-01 CASE NAME: ACCARDI FAMILY FIREPLACE VARIANCE DATE:FEBRUARY 28, 2005 CITY OF CARLSBAD PLANNING DEPARTMENT 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us Greg Fisher - av 05-01 *^ >•& Page 1 From: John Maashoff To: Greg Fisher Date: 02/16/2005 8:19:21 AM Subject: av 05-01 Engineering has no comments or conditions for the subject project, Accardi Family Fireplace. CARLSBAD FIRE DEPARTMENT Fire Protection Services PLAN REVIEW REPORT PROJECT NAME: Accardi Family Fireplace Date: 02/17/05 Project number: AV 05-01 Staff Planner: G. Fisher Engineer: Initial review: (Note: This report identifies fire protection issues associated with the project, and/or prescribes specific corrections or information needed to achieve Fire Department approval.) Fire Department approves of this application with the caveat and mutual understanding between the City and the Applicant that a spark arrestor shall be installed on the flue of this fireplace. GR O City of Carlsbad Planning Department March 1,2005 Leonard A. Accardi 5158 Steinbeck Court Carlsbad, CA 92008 SUBJECT: AV 05-01 - ACCARDI FAMILY FIREPLACE Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Department has reviewed your Administrative Variance, application no. AV 05-01, as to its completeness for processing. The application is complete, as submitted. Although the initial processing of your application may have already begun, the technical acceptance date is acknowledged by the date of this communication. The City may, in the course of processing the application, request that you clarify, amplify, correct, or otherwise, supplement the basic information required for the application. In addition, you should also be aware that various design issues may exist. These issues must be addressed before this application can be scheduled for a hearing. The Planning Department will begin processing your application as of the date of this communication. Please contact your staff planner, Greg Fisher, at (760) 602-4629, if you have any questions or wish to set up a meeting to discuss the application. Sincerely, DON NEU Assistant Planning Director DN:GF:bd c: Van Lynch John Maashoff Scott Rudinger File Copy Data Entry Planning Aide 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us LIST OF ITEMS NEEDED TO COMPLETE THE APPLICATION No. AV 05-01 - ACCARDI FAMILY FIREPLACE Planning: None Engineering: None ISSUES OF CONCERN Planning: None Engineering: None tv\ajJkdwo City of Carlsbad Planning Department April 13, 2005 Leonard A. Accardi 5158 Steinbeck Court Carlsbad, Ca 92008 SUBJECT: AV 05-01 - ACCARDI FAMILY FIREPLACE The Planning Director has completed a review of your application for an Administrative Variance, AV 05-01 at 5158 Steinbeck Court to allow the rear yard setback to be reduced from five feet to three feet for an eight-foot tall detached fireplace structure. After careful consideration of the circumstances surrounding this request, the Planning Director has determined that the three findings required for granting an Administrative Variance can be made and therefore, approves this request based on the following findings and conditions. Findings: 1. That the variance does not authorize a use or activity which is not otherwise expressly authorized by the zone regulation governing the subject property in that the freestanding fireplace is a permitted accessory use in an R-1 zone. The subject property abuts a 60 foot uphill open space easement and it is not necessary for the proposed free standing fireplace to be setback the required five feet from the property line since there will not be any physical or visual impact to the adjacent residences. 2. That the variance is consistent with the general purpose and intent of the general plan and any applicable specific or master plans in that the property is developed with a single family residence and the fireplace accessory structure is clearly consistent with the existing Residential Low Medium General Plan Land Use Designation for the subject site. 3 That the variance is consistent with and implements the requirements of the certified local coastal program and that the variance does not reduce or in any manner adversely affect the protection of coastal resources as specified in the zones included in this title, and that the variance implements the purposes of zones adopted to implement the local coastal program land use plan in that no agricultural uses currently exist on the previously developed site, and the property is not within the Coastal Agricultural Overlay Zone that would require mitigation for conversion to urban uses. There are no sensitive coastal resources on the previously developed site. The improvements are not located in an area of known geologic instability or flood hazard. No public opportunities for coastal shoreline access are available from the subject site and no public access requirements are conditioned for the project since it is not located between the first public road and the ocean. The residentially designated site is not suited for water-oriented recreation activities and the development of a detached fireplace will not further obstruct views of the 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us ^AV 05-01 - ACCARDI FAIfttfV FIREPLACE ^ April 13, 2005 Page 2 coastline as seen from public lands or the public right of way, nor otherwise damage the visual beauty of the coastal zone. Conditions: 1. Approval is granted for AV 05-01 - ACCARDI FAMILY FIREPLACE as shown on Exhibits "A," dated April 13, 2005, on file in the Planning Department and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 2. Prior to the issuance of the Building Permit, Developer shall submit to the City a Notice of Restriction 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. 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 4. 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. 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 $785.00. 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 Greg Fisher at (760) 602-4629. Sincerely, DON NEU Assistant Planning Director DN:GF:bd c: John Maashoff Code Enforcement Data Entry File Copy