HomeMy WebLinkAboutAV 89-09; Cornelius Scott Fence Variance; Administrative Variance (AV).- CITY OF CARLSBAD
I LAND USE REVIEW APPLICATION FORM PAGE 1 OF 2
I 1) APPLICATIONS APPLIED FOR: (CHECK BOXES)
4- (For Use On y) (For Use On y)
Master Plan ...............
Specific PI an .............
Precise Development P1 an.. .
Tentative Tract Map.. ......
P1 anned Development Permit
Non-Residential P1 anned Development Permit ........
Condomi ni um Permit .........
0 Special Use Permit .........
Redevelopment Permit .......
Tentative Parcel Map.. .....
Ixl Administrative Variance.. ..
General P1 an Amendment. .....
Site Development Plan.. .....
Zone Change.. ...............
I7 Conditional Use Permit.. ....
Hillside Development Permit.
Environmental Impact Assessment ................
Variance.. ..................
P1 anned Industri a1 Permit. ..
Coastal Development Permit..
Planning Commission Deter.. .
!g LOCATION OF PROJECT: ON THE InorthISIDE OF1 La Costa Avenue
I (NORTH, SOUTH, EAST, WEST) (NAME OF STREET)
BETWEEN El Camin0 Real Nueva Castilla AND
I C I 1 1 ~~~
(NAME OF STREET)
~~~~~~~~~~ ~~~~~~ ~ ~ ~~~ ~ ~
(NAME OF STREET)
3) BRIEF LEGAL DESCRIPTION: APN 216-160-17; Lot 17 of La Costa South Unit I No. 1
4) ASSESSOR PARCEL NO(S) .
5) LOCAL FACILITIES,] 6) EXISTING GENERALIF] 7b PROPOSED GENERALEI
216-160-17
8) EXISTING ZONING -4 9) PROPOSED ZONINGVI 10) GROSS SITE 1.27251 MANAGEMENT ZONE PLAN DESIGNATION LAN DESIGNATION
ACREAGE
11) PROPOSED NUMBER OFIl12) PROPOSED NUMBER=] 131 TYPE OF rl
(RESIDENTIAL COMMERCIAL I NDUST I RAL)
RESIDENTIAL UNITS OF LOTS S BDIVISION
14) NUMBER OF EXISTING RESIDENTIAL UNITST]
PROPOSED INDUSTRIAL IN/AI 161 PROPOSED COMMERCIAL rl I OFFICE/SQUARE FOOTAGE SQ ARE FOOTAGE
i
f -.
c
- CITY OF CARLSBAD
LAND USE REVIEW APPLICATION FORM
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PAGE 2 OF 2
77) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE I N/A 1 19) PROPOSED INCREASE IN AVERAGE DAILY
18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS FI
20) PROJECT NAME: I Dr. Scott--Reauest for variance from 42" fence limitat4011
21)BRIEF DESCRIPTION OF PROJECT: Dr. Scott is requesting a variance to
I construct a 6-foot high block wall landscaped to screen visual
22) OWNER
MAILING ADDRESS
2464 Jja Costa Avenue
CITY AND STATE ZIP TELEPHONE
Carlsbad, CA 920 08 632-7876
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE DATE
,'. '7
23 1 APPLICANT
NAME (PRINT OR TYPE) Wesley W. Pe:
MAILING ADDRESS
751 E. Rancheros Dr., Ste. 2
CITY AND STATE ZIP TELEPHON
San Marcos, CA 92069 744-712:
I CERTIFY THAT I AM THE OWNER'S REPRE SENTATIVE AND THAT ALL THE ABOVE
FOR CITY USE ONLY
FEE COMPUTATION: APPLICATION TYPE FEE REQUIRED
TOTAL FEE REQUIRED~ 3 / 4, 56 I
CITY OF CARLSBAD
DEVELOP. PROC. SERV. DlV.
DATE STAMP APPLICATION RECEIVED
*
RECEIVED BY: :
DATE FEE PAID -1 g- RECEIPT NO. m*
ARFM0008. DH 4/89
REC'D
1 CITY OF CARLSBAD
4384621
-
1200 ELM k.,ENUE CARLSBAD, CALIFO, rlA 92008
R
FROM DATE fl/-g9
ACCOUNT NO. I DESCRIPTION I AMOUNT
I I I
PLEASE NOTE:
Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calendar days from the date of application submittal to determine whether an application is complete or incomplete. Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete. If it is incomplete, the letter will state what is needed to make this application complete. When the application is complete, the processing period will start upon the date of the completion letter.
Applicant Signature:
Staff
Date:
To be stapled with receipt to application
Copy for file
1
i
r' DISCLOSURE FORM
APPLICANT: Dr. Cornelius Scott Name (individual, partnership, joint venture, corporation, syndication)
10720 Paramount Blvd., Downey, CA 90241
Business Address
1213) 923-6511 Telephone Number
AGENT: Wesley W. Peltzer Name
751 East Rancheros Drive, Suite 2, San Marcos, CA 92069
Business Address
Telephone Number (619) 744-7125
MEMBERS: NOT APPLICABLE
Name (individual, partner, joint Home Address
venture, corporation, syndication)
Business Address
Telephone Number Telephone Number
Name Home Address
Business Address
Telephone Number Telephone Number
(Attach more sheets if necessary)
I/We understand that if this project is located in the Coastal Zone, I/we will apply
for Coastal Commission Approval prior to development.
I/We acknowledge that 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.
I/We declare under penalty of perjury that the information contained in this disclosure
is true and correct and that it will remain true and correct and may be relied upon
as being true and correct until amended.
4hde Dr. Cornelius Scott
JUSTIFICATION FOR VARIANCE
cc
By 1 aw 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 why 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:
SEE ATTACHMENT 1
2. 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 the property in question:
Other properties in the area have been allowed to construct
walls exceedins the 42-inch heiqht restriction for noise attenuation,
to avoid visual intrusion, and to provide security. See pictures
3. 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:
The six-foot wall will be visually screened by landscaping to
mitisate any potential visual impact from the six-foot wall. See
renderins attached as Exhibit "B." The landscapinq proposed is
consistent with landscapins provided for other walls exceedinq
ches in the area.
4. Explain why the granting of such variance will not adversely affect the
comprehensive plan:
The six-foot wall is necessary to attenuate noise levels
which exceed state standards at the residence. The City has
required developers to build walls exceeding 42 inches in this
area to provide noise attenuation barriers from La Costa Avenue
traffic.
ARFRM0004.DH 4/89
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ATTACHMENT 1
A. Title 25 of the California Administrative Code provides
that noise levels should not exceed 65 decibels for residential
dwellings. Noise level readings were taken at the applicant’s
home by the general contractor with a Realistic Sound Level
Meter, model 33-2050, using the A-weighted filter. Readings were
taken during evening rush hour (5:OO-6:OO p.m.) on July 5, 1989,
and on Saturday morning, July 22, 1989 (9:OO-9:30 a.m.). Noise
measurements were recorded from the gate post for the existing
fence. Noise levels of 72-75 decibels were recorded during both
traffic conditions with noise level peaks exceeding 76 decibels.
The six-foot fence is necessary as a noise attenuation barrier to
reduce this noise impact.
B. La Costa Avenue from the eastbound direction is rising
and curves at the location of applicant’s home. As a result of - this rising curve, headlights from eastbound motorists flash into
the house. The six-foot wall prevents this visual intrusion.
C. With a 42-inch wall, the interior of the home is fully
visible to both motorists and pedestrians depriving the occupants
of privacy and security from possible theft or burglary.
CITY OF CARLSBAD
APPLICATION REQUIREMENTS FOR
ADMINISTRATIVE VARIANCE
VARIANCE
1
A variance appl ication is required whenever an applicant desires a variance from the
requirements of the zoning codes. A variance may be approved as an administrative act
by either the Planning Commission or the Planning Director. A variance which can be
approved by the Planning Director is known as an Administrative variance and is limited
to the following:
1. Modification of distance of area regulations, provided such modification does
not exceed seventy-fi ve percent of required front, side or rear yards nor
exceed ten percent of maximum lot coverage regulations; 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
5. Modifications to the sign height regulations, provided such'modification does not exceed ten percent of the maximum allowed sign area;
not exceed ten percent of the maximum allowed sign height.
The following materials are required to be submitted with the application:
Completed Variance Justifi
Fifteen (15) copies (four r Administrative Variance) of a site
plan prepared on a 24" x 36" sheet (s) folded to 8 1/2" x 11". The site plan
shall include the following information:
A. Name and address of applicant, engineer and/or architect, etc.
B. Location, size and use of all easements.
C. Dimensions locations of:
access, both pedestrian and vehicular, showing service areas and
points of ingress and egress, offstreet parking and loading areas
showing location, number and typical dimension of spaces, and wheel stops. D. Distance between building and/or structures. E. Building setbacks (front, rear and sides). F. Location, height, and materials of walls and fences.
G. Location of freestanding signs.
H. A summary table indicating the following information (if
applicable to the variance):
1. site acreage 2. existing zone and land use 3. proposed land use 4. total building coverage 5. building square footage 6. percent landscaping 7. number of parking spaces
8. square footage of open/recreational space (if applicable)
9. cubic footage of storage space (if applicable).
/Fifteen (15) copiesGoir & opies for Administrative Variances) of the building and floor plans prepared on 24" x 36" sheets folded to 8 1/2" x 11" s'ize. The building and floor plans shall include the following:
A. Location and size of storage areas (if applicable)
ARFRM0004.DH 4/89
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B. All buildings, structure, walls and/or fences, signs and exterior lights.
/"LL 4. @%&1) copy of 8 1/2" x 11" site plan. (Not required for administrative variance.)
vicinity maps on the site plan are not acceptable).
& One (1) copy of 8 1/2" x 11" location map (suggested scale 200~~ -
6. Disclosure Statement. & ProDertv Owner's List and Addressed Labels - A typewritten 1 ist of the names and addresses of all property owners and
occupants within a 300 foot radius of subject property (including the
applicant and/or owner). The 1 ist shall include the $an Diego County
Assessor's parcel number from the latest assessment rolls.
within a 300 foot radius of subject property. For any address other than
single family residence, apartment or suite number must be included.
DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON LABELS. Applicant must submit
- Two separate sets of mail ing labels of the property owners and occupants
"separate check to cover cost of postage.
s than 1" = 200' showing each lot within 300 feet of the
exterior boundaries of the subject property. Each of these lots shall be
consecutively numbered and correspond with the property owner's list. The scale of the map may be reduced to a scale acceptable to the Planning Director if the required scale is impractical. m. Two (2) copies of the Preliminary Title Report (current within the last six
[6] months). ,lo. Colored Site Plan and Elevation Plan (Not required with first submittal or
with Administrative Variances). It is the Applicant's responsibility to bring
one (1) copy of a colored site plan and one (1) copy of a colored elevation
to the Planning Department bv Noon eisht (8) davs prior to the Planning Commission meetinq. Do not mount exhibits.
6
ARFFM0004.DH 4/89