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Home My WebLink AboutAV 06-02; Ocean Vista Estates; Administrative Variance (AV)CITY OF CARLSBAD LAND USE REVIEW APPLICATION 1) APPLICATIONS APPLIED FOR: (CHECKBOXES) (FOR DEPARTMENT USE ONLY) Administrative Permit ^ Administrative Variance Coastal Development Permit Conditional Use Permit Condominium Permit Environmental Impact — Assessment I General Plan Amendment I I Hillside Development Permit Local Coastal Program Amendment Master Plan Non-Residential Planned Development Planned Development Permit 2) ASSESSOR PARCEL NO(S) . : 3) PROJECT NAME: 'VOG'Oi Planned Industrial Permit Planning C< Determinat Precise De\ ammission ion /elopment Plan I Redevelopment Permit K Site Development Plan Special Use Permit Specific Plan Tentative Parcel Map Obtain from Engineering Department Tentative Tract Map Variance Zone Change I List other applications not specified (FOR DEPARTMENT USE ONLY) ^T /oU- -jy~L/1 C/T ^ 2.c&-l44-o\ AC-&X] i/l^fcs E&* 4) BRIEF DESCRIPTION OF PROJECT: <*) \C5\- . ^ -c^irvilff --Fa J '5) OWNER NAME (Print or Type) 6offfi~ , lie MAILING ADDRESS llSOTama^dcftoe, CITY AND STATE ZIP TELEPHONE I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. , / fi . U0&>&&1^ Jof/g/fiJ/ SIGNATURE DATE / 6^ m\\Aj ^iLudl ha^bT vw>-i J . 6) APPLICANT NAME (Print or Type) t^P^pAQ ^£j/*/-~£3(J MAILING ADDRESS CITY AND STATE ZIP TELEPHONE I CERTrrTNAT OWNIR ANDyTflAT coRRicrrryTHiE SIGNWflJRE AM THE LEGAL REPRESENTATIVE OF THE ALL THE ABOVE INFORMATION IS TRUE AND HBT OF MY KNOWLEDGE. iA — A -— /O/lg/O1^ 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. 04/04 PAGE 1 OF 6 04 04 (p c o 8) LOCATION OF PROJECT: ON THE BETWEEN , EAST, WEST} ch STREET ADDRESS SIDE OF AND (NAME CM- 5IKEET) [NAME OF STREET) 10) PROPOSED NUMBER OF LOTS 13) TYPE OF SUBDIVISION 16) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 19) GROSS SITE ACREAGE 22) EXISTING ZONING MENT ZONE 5 fej. / .UA $-3 11) NUMBER OF EXISTING RESIDENTIAL UNITS 14) PROPOSED IND OFFICE/ SQUARE FOOTAGE 17) PROPOSED INCREASE IN AOT 20) EXISTING GENERAL PLAN 23) PROPOSED ZONING O / 40 •ftnrt &3 (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 4 4- 24)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 EJHTRY EpR/jTHISPURPOSE SIGNATURE FOR CITY USE ONLY FEE COMPUTATION APPLICATION TYPE FEE REQUIRED RECEIVED DATE APR 1 7 2006 CITY OF CARLSBAD PLANNING DEPTSTAMP APPLICATION RECEIVED RECEIVED BY: TOTAL FEE REQUIRED Form 14 Rev. 04/04 PAGE 2 OF 6 City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 Applicant: MULLEN, EDGAR Description Amount AV060002 654.57 Receipt Number: R0056778 Transaction ID: R0056778 Transaction Date: 04/17/2006 Pay Type Method Description Amount Payment Check 564 654.57 Transaction Amount: 654.57 o City of Carlsbad Faraday Center Faraday Cashiering 001 0610701-2 04/17/2006 11 Mon Apr17,2006 04:50 PM PERMITS - PERMITS $654,57 Tran Nbr: 061070102 0070 0078 Trans/Rcpt#: R0056778 SET #: AV050002 1 ITEM(S): TOTAL: $654,57 Check (Chk# 0564) $654.57 Total Received: $654.57 Have a nice day! **********m*CllSTQMER C CITY OF CARLSBAD APPLICATION REQUIREMENTS FOR: ADMINISTRATIVE VARIANCES VARIANCES Variances granted by the Planning Director are termed Administrative Variances. Administrative variances shall be limited to: 1. Modification of distance or area regulations, provided such modifications does not exceed seventy-five percent of required front, side or rear yards nor exceed ten percent of maximum lot coverage regulation; 2. Modification of the minimum lot width regulation, provided such modification does not result in a lot width less than fifty (50) feet; 3. Walls or fences to exceed heights permitted by the zoning regulations; 4. Modifications to the sign area regulations, provided such modification does not exceed ten percent of the maximum allowed sign area; 5. Modifications to the sign height regulations, provided such modification does not exceed ten percent of the maximum allowed sign height. All other variances will be heard by the Planning Commission and processed pursuant to Chapter 21.50 of the Carlsbad Municipal Code. A proposed project requiring that multiple applications be filed must be submitted prior to 3:30 p.m. A proposed project requiring that only one application be filed must be submitted prior to 4:00 p.m. I. REQUIRED PLANS (All required plans shall be collated into complete sets, stapled together, then folded to 9" x 12" with lower right hand corner of plan visible.) A. SITE PLAN - Four (4) copies on 24" x 36" sheet(s). Ten (10) copies of the site plan shall be submitted by the applicant upon request of the project planner prior to approval of the project. Each site plan shall contain the following information: 1. GENERAL INFORMATION I |a. Name and address of applicant, engineer and/or architect, etc. I |b. Location, size and use of all easements. I |c. Dimensions and locations of: access (pedestrian and vehicular), service areas and points of ingress and egress, off-street parking and loading areas showing location, number and typical dimension of spaces, and wheel stops. I Id. Distance between buildings and/or structures. Fie. Building setbacks (front, rear and sides). I If. Location, height and materials of walls and fences. I |g. Location of freestanding signs. I |h. All applicable Fire Suppression Zones, as required by the City's Landscape manual. I |i. A summary table of the following (if applicable): E3(l) Site acreage. EH(2) Existing Zone and General Plan Land Use Designation. CII(3) Proposed land use. CU(4) Total building coverage. Q(5) Building square footage. Q(6) Percent landscaping CD(7) Number of parking spaces CH(9) Square footage of open/recreational space (if applicable). O(10) Cubic footage of storage space (if applicable). Form 3 Revised 04/04 Page 1 of 4 B. BUILDING ELEVATIONS AND FLOOR PLANS - Four (4) copies prepared on 24" x 36" sheet(s). Each building elevation and floor plan shall include the following information: 1. GENERAL INFORMATION Qa. Location and size of storage areas (if applicable). Indicate ceiling height or the height of the underside of the roof for all storage areas. All buildings, structures, walls and/or fences, signs and exterior lights. Qc. Indicate the Uniform Building Code occupancy classes at all building areas. [~|d. Include the type of construction per the Uniform Building Code. E. COLORED SITE PLAN AND ELEVATION PLAN - Not required with first submittal. It is the Applicant's responsibility to bring one (1) copy of a colored site plan and one (1) set of colored elevations to the Planning Department by 12:00 noon, eight (8) days prior to the Planning Commission meeting. Do not mount exhibits. II. REQUIRED DOCUMENTS AND SUBMITTAL ITEMS I |A. A completed Land Use Review Application Form. I IB. Completed Variance Justification Form (attached). I |p. Disclosure Statement. (Not required for tentative parcel maps.) I IE. Two (2) copies of the Preliminary Title Report (current within the last six (6) months). I IF. Biological resource, cultural resource, and/or other environmental studies that are necessary to make an environmental determination (i.e. EIR, Negative Declaration or Exemption). I |G. Signed "Hazardous Waste and Substance Statement" form. r~|H. Property Owners List and Addressed Labels NOTE: WHEN THE APPLICATION IS TENTATIVELY SCHEDULED TO BE HEARD BY THE DECISION MAKING BODY, THE PROJECT PLANNER WILL CONTACT THE APPLICANT AND ADVISE HIM TO SUBMIT THE RADIUS MAP. TWO SETS OF THE PROPERTY OWNERS LIST AND LABELS. THE APPLICANT SHALL BE REQUIRED TO SIGN A STATEMENT CERTIFYING THAT THE INFORMATION PROVIDED REPRESENTS THE LATEST EQUALIZED ASSESSMENT ROLLS FROM THE SAN DIEGO COUNTY ASSESSOR'S OFFICE. THE PROJECT WILL NOT GO FORWARD UNTIL THIS INFORMATION IS RECEIVED. 1. A typewritten list of the names and addresses of all property owners within a 300 foot radius for Administrative Variance and 600 foot radius for a Variance of subject property (including the applicant and/or owner). The list shall include the San Diego County Assessor's parcel number from the latest assessment rolls. 2. Two (2) separate sets of mailing labels of the property owners within a 300 foot radius for Administrative Variance and 600 foot radius for a Variance of the subject property. The list must be typed in all CAPITAL LETTERS, left justified, void of any punctuation. For any address other than a single-family residence, an apartment or suite number must be included but Apt., Suite, and Bldg. # must NOT appear in the street address line. DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON LABELS. DO NOT provide addressed envelopes - PROVIDE LABELS ONLY. Acceptable fonts are: Arial 11 pt, Arial Rounded MT Bold 9 pt, Courier 14 pt, Courier New 11 pt, MS Line Draw 11 pt. Sample labels are as follows: UNACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave., Apt. #3 Carlsbad, CA 92008 UNACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave. Apt. #3 Carlsbad, CA 92008 ACCEPTABLE MRS JANE SMITH APT 3 123 MAGNOLIA AVE CARLSBAD CA 92008 Form 3 Revised 04/04 Page 2 of4 ,-*«, 3. 300 Foot Radius Map for Administrative Variance 600 Foot Radius Map for Variance A map to scale not less than 1" = 200' showing each lot within a 300 foot radius for Administrative Variance and 600 feet for a Variance of exterior boundaries of the subject property. Each of these lots shall be consecutively numbered and correspond with the property owners list. The scale of the map may be reduced to a scale acceptable to the Planning Director if the required scale is impractical. «»«««•«««••••««»«•«••««•««««•«*•••»••»« Form 3 Revised 04/04 Page 3 of 4 City of Carlsbad Public Works BUILDING PLANCHECK CHECKLIST DATE: BUILDING ADDRESS: ^ PROJECT DESCRIPTION: ASSESSOR'S PARCEL NUMBER: tANCHECKNO.: CB EST. VALUE: ENGINEERING DEPARTMENT APPROVAL The item you have submitted for review has beenapproved. The approval is based on plane.Information and/or specifications provided In your submitlal: therefore any change* to these Items after this date, Including Held modifications, must bereviewed by this office to Insure continued conformance with applicable codes. Please reviewcareluBy all comments attached, as failure to comply with Instructions in this report can result in suspension of permit to build. Q A Righl-of-Way permit Is required prior to construction of the following improvements:By: By: DENIAL id report of deficiencies necessary corrections to plarafor compliance with applicable'Submit corrected plans and/or for review. Date: Date: Date: FOR OFFICIAL USE ONLY ENGINEERING AUTHORIZATION TO ISSUE BUILDINO PERMIT: By:Date: A J ENQINEERINQ OEPT. CONTACT PERSON Name: KATHLEEN M. FARMER City of Carlsbad i Address: 1635 Faraday Avenue, Carlsbad, CA 9200ft Phone: (760)602-2741 CFD INFORMATION } ' Parcel Map No: \ Lots: i RecordaHon: i Carlsbad Tract: CA 92OO8-7314 • (760) 6O2-272O • FAX (JSO) BUILDING PLANCHECK CHECKLIST D 1. Provide a fully dimensioned site plan drawn to scale. Show: A. North Arrow F. Right-of- Way Width & Adjacent Streets B. Existing & Proposed Structures G. Driveway widths C. Existing Street Improvements H. Existing or proposed sewer lateral 0. Property Lines (show ell dimensions) I. Existing or proposed water service E. Easements • J. Existing or proposed Irrigation service D D D 2. Show on site plan: A. Drainage Patterns 1 . Building pad surface drainage must maintain a minimum slope of one percent towards an adjoining street or an approved drainage course. 2. ADD THE FOLLOW ING NOTE: "Finish grade will provide a minimum positive drainage of 2% to swale 5* away from building." B. Existing & Proposed Slopes and Topography C. Size, type, location, alignment of existing or proposed sewer and water service (s) that serves the project. Each unit requires a separate service, however, second dwelling units and apartment complexes are an exception. D. Sewer and water laterals should not be located within proposed driveways, per standards, d D Q 3. Indude on title sheet A. Site address B. Assessor's Parcel Number C. Legal Description For commercial/industrial buildings and tenant improvement projects, include: total building square footage with the square footage for each different use, existing sewer permits showing square footage of different uses (manufacturing, warehouse, office, etc.) previously approved. EXISTING PERMIT NUMBER DESCRIPTION Show all existing use of 8F and new proposed use of SF. Example: tenant improvement for 3500 SF of warehouse to 3500 SF of office. 2 xyj iaraasyi dH Wdse'-s sons 63 BUILDING PLANCHECK CHECKLIST MHO SRD DISCRETIONARY APPROVAL COMPLIANCE D D 4a. Project does/iot comply with the following Engineering Conditions of approval for Project No. v8-">J A>lfl nGn*T (J&) fera^t/<<<; rt^t^-Jt, D D D 4b. All conditions are in compliance. Date:, DEDICATION REQUIREMENTS 5. Dedication for all street Rights-of-Way adjacent to the buHding site and any storm drain or utility easements on the building site is required for all new buildings and for remodels with a value at or exceeding $ 17.000 _.. pursuant to Carlsbad Municipal Code Section 18.40.030. Dedication required as follows: Dedication required Please have a registered Civil Engineer or Land Surveyor prepare the appropriate legal description together with an 8 V* x 11" plat map and submit with a title report All easement documents must be approved and signed by owner(s) prior to issuance of Building Permit Attached please find an application form and submittal checklist for the dedication process. Submit the completed application form with the required checklist items and fees to the Engineering Department in person. Applications will not be accept by mail or fax. Dedication completed by:,Date: D a IMPROVEMENT REQUIREMENTS 6a. AH needed public improvements upon and adjacent to the building site must be constructed at (feme of building construction whenever the value of the construction exceeds $ 82.000 . pursuant to Carlsbad Municipal Code Section 18.40.040. Public improvements required aajgflpws:. Attached please find an application form and submittal checklist for the public improvement requirements. A registered Civil Engineer must prepare the appropriate improvement plans and submit them together with the requirements on the attached checklist to the Engineering Department through a separate plan check process. The completed application form and the requirements on the ez BUILDING PLANCHECK CHECKLIST fi ~NO _RBfa h ODD checklist must be submitted in person. Applications by mail or fax are not accepted. Improvement plans must be approved, appropriate securities posted and fees paW prior to issuance of building permit. Improvement Plans signed by:Date: 6b. Construction of the public improvements may be deferred pursuant to Carlsbad Municipal Code Section 18.40. Please submit a recent property title report or current grant deed on the property and processing fee of $ 400.00 so we may prepare the necessary Neighborhood Improvement Agreement, This agreement must be signed, notarized and approved by the City prior to issuance of a Building permit D O D ana Future public improvements required as follows: 6c. Enclosed please find your Neighborhood Improvement Agreement. Please return agreement signed and notarized to the Engineering Department. Neighborhood Improvement Agreement completed by: Date: 6d. No Public improvements required. SPECIAL NOTE: Damaged or defective Improvements of the Citv Inspector prior to occupancy. D D n n D GRADING PERMIT REQUIREMENTS The conditions that invoke the need for a grading permit are found in Section 11.06.030 of the Municipal Code. 7a. Inadequate information available on Site Plan to make a determination on grading requirements. Include accurate grading quantities in cubic yards (cut, fill import, export and remedial). This Information must be included on the plans. 7b. GFadingPepmit-required, A separate grading plan prepared-by a registered Civil Engineer must be submitted together with the completed application form attached. NOTE: The Grading Permit must be.issued and rough grading ia Permit. Grading Inspector sign off by:Date: 7c. Graded Pad Certification required. (Note: Pad certification may be required even 9 a grading permit is not required.) MV.7rt4» L'*xyj <JH aoos 62 4-13-06 Planning Department City of Carlsbad 1475 Faraday Carlsbad, CA 92008 RE: Ocean Estates Corner of Ocean and Beach JUSTIFICATION FOR VARIANCE 1. The buildings were approved in their current location by the Planning Commission and the designs were finalized utilizing underground parking with ramps that are limited in degree of steepness. If the setbacks are not reduced, the buildings would require complete redesign. 2. The properties directly across Ocean Street from this property are built to the 20' right of way with no setbacks whatsoever. In some cases, improvements are actually built in the right of way. In some cases, there is no setback from the right of way and the driveway aprons for the garages are in the right of way. RECEIVED APR 17 2006 CITY OF CARLSBAD PLANNING DEPT City of Carlsbad Building Department PLANNING AND ENG PLANCHECKS ;RIN< To Whom It May Concern: Enclosed is a copy of the Planning and Engineering Checklist for your project. Please note the highlighted areas, which indicate corrections that will have to be made before issuance of the permit. If you have any questions or comments, please contact the appropriate department in the Development Processing Services Division. **See attached correction forms for contact person and extension. DEVELOPMENT PROCESSING SERVICES 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • <76O) 602-27OO • FAX (76O) 6O2-6560 Building Counter • (760) 602-2719 • FAX (760) 6O2-8558 8'd xbd laraHsun <JH MALE'S 9002 62 I I I £ ifC 9 8 I 1 II i Ison 00 D PLANNING DEPARTMENT BUILDING PLAN CHECK REVIEW CHECKLIST Plan Check No. PC 06-007 Planner Van Lynch APN: 203-144-01-00 Address Beach and Ocean Phone f760)602-4613 Type of Project & USB: SF Dwelling . Net Project Density: 6.25 DU/AC Zoning; R-3 General Plan: RH CFD (In/out) #_Date of participation:.,^!!. . Facilities Management Zone: _1_ Remaining net dev acres:. Circle One (For non-residential development: Type of land used created by this permit: ) Legend: H Item Complete Q Item Incomplete - Needs your action Environmental Review Required: YES NO TYPE Exempt DATE OF COMPLETION: ' - Compliance with conditions of approval? If not, state conditions which require action. Conditions of Approval: Discretionary Action Required: APPROVAURESO. NO. 5898 PROJECT NO, CT 04-22 YES _£ NO TYPE. DATE Mav 18. 2005 CT OTHER RELATED CASES: CDP 04-21 / PUD 04-21 Compliance with conditions or approval? If not, state conditions which require action. Conditions of Approval: jpwji m*i*r I/*MWC* *&&&> f$/L iL&tuetK> f^e^T v»<ft-fti Coastal Zone Assessment/Compliance Project site located In Coastal Zone? YES £ NO CA Coastal Commission Authority? YES NO X If California Coastal Commission Authority: Contact them at - 7575 Metropolitan Drive, Suite 103, San Diego CA 92108-4402; (619) 767-2370 Determine status (Coastal Permit Required or Exempt): Required Inchiclonary Housing Fee required: YES % NO (Effective date of Incluslonary Housing Ordinance - May 21,1993.) In-Lieu fee on a per unit basis. Data Entry Completed? YES.NO X (A/P/Os. Activity Maintenance, enter CB#, toolbar, Screens, Housing Fees, Construct Housing WN, Enter Fee, UPDATE!) Site Plan: 1. Provide a fully dimensional site plan drawn to scale. Show: North arrow, property lines, easements, existing and proposed structures, streets, existing street Improvements, rioht-of-wav widt£i, dimensional setbacks and existing topographical lines (including all side and rear yard slopes). K] D D 2- Provide legal description of property and assessor's parcel number. HAAOMINVCOUNTERVaidoPlnctikRevChklsi RBVWU1 6-d laraasbi wd^'6 sooe 02 Policy 44- Neighborhood Architectural Design Guidelines n n D ID n 1. Applicability. YES D 2. Project complies YES Zoning: D 1. Setbacks: Oeerftn Front: Interior Side: Street Side: Gpit\{\&ftear. Top of slope: NO NO Required £0 Required /' Required /<? ' Required <2» Required A EHUD 2. Accessory structure setbacks: Uoti& &tc Front: Required n Interior Side: Street Side: Rear Structure separation: Q 3. Lot Coverage: Required Required Required . Required ' RequiredlL , "l'"1 v'X if Shown tf(tflC6iL. ba&icAi f Shown T7 •o/A. Shown to' f(> Shown »/'6v M Shown A>/A •/Oi6O / Shown ^ / Shown / / Shown / ? Shown / Shown £6y$ Shown */f& JYo4 an an 4. Height: 5. Parking: Required £•%>' '•T */*. Shown A* Spaces Required Zfiu Zak+t 7~ •+ i-6atf>T (breakdown by uses for commercial and Industrial projects required) Residential Guest Spaces Required Z~- Shown _ Additional Comments Please label the Diana as SFD or PUD for each respective type of unit (the PUD sheets are presently labeled Single Family). THe* Ptoiter f/Wte. atr *&unfiaz> U/HM OtHy rw»o After OK TO ISSUE AND ENTERED APPROVAL INTO COMPUTER DATE. H:\ADMIN\COUOTER\BldgPlncfikRevChWst 01 *iaraasyT dH 9002 BE 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 reduction of the required 20 foot front yard setback to be reduced to a 15 foot setback as measured from the property line (along Ocean Street) on property generally located on the southeasterly corner of Ocean Street and Beech Avenue Carlsbad, California, and more particularly described as: The northwesterly half of Block 7 of the Town of Carlsbad, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 775, filed in the County Recorders Office on May 2, 1888. The southeasterly line of said northwesterly half being drawn parallel with the northwesterly line of said Block 7 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 Van Lynch in the Planning Department at (760) 602-4613. CASE NO.:AV 06-02 CASE NAME: OCEAN ESTATES DATE:APRIL 24, 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 WOT TO SCALE SITE MAP Ocean Estates AV 06-02 City of Carlsbad Planning Department August 15, 2006 Edgar Mullen 2890 Pio Pico Drive Carlsbad, CA 92009 SUBJECT: AV 06-02 - OCEAN VISTA ESTATES Dear Mr. Mullen, In order to finish processing your Administrative Variance, application no. AV 06-02 -Ocean Vista Estates, you will need to submit one copy of revised site plans showing the proposed reduced front yard setback and a copy of a signed Disclosure Statement (attached). Please submit the items listed below to Erin Endres in the Planning Department by September 1, 2006. If you have any questions please feel free to contact me at (760) 602-4625. Sincerely, ERIN ENDRES EE:bd c: Van Lynch 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us City of Carlsbad Planning Department January 11, 2007 Bernard Goldstein 160 Tamarack Avenue Carlsbad, CA 92008 SUBJECT: AV 06-02 - OCEAN VISTA ESTATES The Planning Director has completed a review of your application for an Administrative Variance, AV 06-02 at 2710 Ocean 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 because the parcel is a thru lot, the labeled rear yard maintains a 20' rear yard setback, which provides adequate structure setbacks from the roadway; therefore, making up for the reduction in the front. In addition, the required 5' Ocean St dedication for the future road widening improvements, in combination with the required corner lot 10' side yard setback on Beech Avenue, reduces the buildable area of the 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 because, in lieu of lot constraints and varying development standards, the 3 proposed adjacent lots directly south and several lots directly west across Ocean Street have reduced front yard setbacks varying from 15' to 0'. Approving a reduced front yard setback would preserve uniformity along the block and provide similar setbacks as others enjoy. 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 because the reduced front yard setback would allow for the dedication and road widening of Ocean Street to occur, providing for an efficient circulation network for the future. In addition, the reduced front yard setback allows for the already approved single family residence to maintain its 4 underground parking spaces, helping to eliminate on-street parking along Beech Avenue and Ocean Street and reducing the likelihood of parked cars blocking the public sidewalk. 4. The granting of this variance WILL NOT adversely affect the comprehensive General Plan because the property will maintain its existing RMH General Plan Land Use 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us w AV 06-02 - OCEAN VISTA ESTATES January 11, 2007 Page 2 designation and be developed as a single-family residential project. In addition, the variance will aid in maintaining a safe, efficient, and functional circulation network. 5. That the Planning Director has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15305A of the state CEQA Guidelines. In making this determination, the Planning Director has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. Conditions: 1. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Administrative Variance. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the "Administrative Variance" documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 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. If any conditions for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Administrative Variance, (b) City's approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until W" •~> AV 06-02 - OCEAN VISTA ESTATES January 11, 2007 Page3 all legal proceedings have been concluded and continues even if the City's approval is not validated. 6. Approval is granted for AV 06-02 - OCEAN VISTA ESTATES as shown on Exhibits "A" dated January 11, 2007, on file in the Planning Department and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 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 $ 550.00. 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 Van Lynch at (760) 602-4613. Sincerely, DON NEU Assistant Planning Director DN:EE:bd c: Van Lynch, Team Leader David Mauser, Project Engineer Data Entry File Copy