HomeMy WebLinkAboutV 270; GILMORE, BERNIE; Variance (V)6.-
Receipt No. -
APPLICATION NO. VARIANCE_V272
CITY OF CARLSBAD
(Please Type or Print) Date: - -
1. REQUEST: Variance to ALLOW A WOOD FENCE WITH LANDSCAPING AND OTHER
•
(brièfly.explairl and indicate section of
ARCHITECTURALTREATMENT IN LIEU OF A SOLID CONCRETE OR MASONRY WALL
Zone 0rdina rice Tfected)
REQUIRED BY SECTION 21.34.110 - OUTDOOR STORAGE.
2. LOCATION: The subject property is generally located on the
WEST side ofEL CAMINO REAL betweenCAMlNO_VIDAROBLE
andPALOMAR AIRPORT ROAD (6225 El Camino Real)___________________
• 3. ASSESSOR'S NUMBER: Boo 2-l 3 Page 05 0 Parcel 11-
Book Parcel____ (If more, please list oi
-bottom of this page). CARLSBAD TRACT NO. 73-49, LOT .3
X4. OWNER(S): Name Address City Zip Phone
THE GREAT-WEST LIFE ASSURANCE CO., 60 OSBORNE £IRE.ET NO[,_
WINNIPEG, MANITOBA,-CANADA. R-3C-3A5.
PERSON RESPONSIBLE FOR PREPARATION OFAPPLICATION:
Name . Address City Zip PhonE
BERNIE GILMORE. 6231 YARROW DRIVE., SUITE C, CARLSBAD, CA.92008/438-2552
APPLICANT'S SIGNATURE: I- hereby declare that all infornation
contained within tiiis application is true:
Name 4 Address Zip •. Phone
• & .
Representin(Company or Corporation)WA
Relationship to Property Owner(s), .
The City of Carlsbad Planning Department would preciate the
opportunity to work with the applicant throughout the Plannin•g Stages
of the proposed development. In an effort to aid the applicant, the
Planning Department requests that it be givan an opportunity to
evaluate and discuss the application and plans p-i.or 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: .Supplementl Information Form - Planning 23
• • .: Standard Conditions- Planning 27...2
e" Preparation Check List - Planning 32
Procedures - Planning 36.. •
SUPPLEMENTAL INFORMATION FORM
VARIANCE
1) Gross Acres (or square footag.e, if less than acre) 6:552 acres
2) Zone P-M -
3).. General Plan Land Use Designation PLANNED INDUSTRIAL AND MANUFACTURING
4) 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.
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 the other property
or class of use in the same vicinity and zone:
see attached
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
the property in question:
see attached
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:
see attached
d) Explain why the grantinq of such variance will not adversely
affect the comprehensive general plan:
see attached
FORM Plann1ncL23Date of Manning Commission Approval -
4a. Stacking height requirements in the storage yard by
the occupant required a ten (10) foot high wall to
comply with Section 21.34.110. However, due to
site conditions, complete visual screening cannot be
accomplished by a wall. The subject property is
significantly lower than the adjacent North and South
properties as well as El Camino Real, and higher than
the property to the West. Therefore, screening from
the North, East and South can only be achieved by a
significantly higher wall plane element. Regardless
of the wall material, complete screening could not
be achieved by a wall of reasonable height.
In compliance with Section 21.34.110 trees and other
plant materials are suggested to provide long term
visual screening and visual quality to the wood wall.
4b. The preservation and enjoyment of property right
possessed by others in the zone but denied to the
subject property must be related to interpretation
of Section 21.34.110 by letter of the ordinance in lieu
of the intent. The intent is visual screening, the
letter of the ordinance is with "a solid concrete or
masonry wall". The visual quality of appearance is not
stated; however, it is assumed the solid concrete or
masonry establishesa standard. It can only be
assumed the solid concrete or masonry wall requirement
is related to damage resistance and permanence. The
wood wall, if damaged, is easily repaired by the
occupant. Permanence is related to timely repair and
maintenance, both of which are easily accomplished and,
if necessary, may be required by the City of Carlsbad
in their role as partners in the Covents, Conditions
and Restrictions for development in the Park.
4c. The wood wall is visually better in appearance than
the required concrete or masonry wall. The wood wall
presents no threat to the public welfare nor is it
detrimental to the property or improvements in the zone.
4d. The wood wall will provide a subdued background for
the trees, shrubs and vines. The combination of wood
and landscape elements will provide a positive visual
experience in the neighborhood and be in conformance
with the comprehensive general plan.
STANDARD ONDITIONS
CITY OF uARLSBAD
SPECIFIC PLAN/CONDITIONAL USE PERMIT!
VARIANCE/PLANNED UNIT DEVELOPMENT!
SITE DEVELOPMENT PLAN/SPECIAL USE PERMIT
Development shall, meet a.11 requirements of the. subdivision, zoning.
and building codes, laws, ordinances or regulations of the City of
Carlsbad, and other governmental agencies. Some of the more pertinent
requirements and procedures of the City are listed below for your in-
foi'mation and concurrence. Please read this list carefully and feel
free'to ask for further information or explanation.
1) All conditions for Conditional Use Permit, Varia-nce, Planned
Unit Development and Special Use Permit shall be completed and
the project commenced within 18 months from final 'City action,
unless otherwise stated as part of the approval. There is no
time limitations for Specific Plans unless required as part
• of the approval. . - . •.- . ......
• 2) Development shall substantially conform to the approved plan.
• 3) All public improvements shall be made in conformity with City
Standards, to the satisfaction of the City Engineer, without
cost to the City of Carlsbad. and free of all liens and
encumbrances.
4) Prior to any construction, the applicant shall submit plans
to the appropriate entity providing domestic water to the
proposed development, for its approval of the location, type
and adequacy of water lines.
5) Prior to any construction, the applicant shall obtain approval
from the City Fire Department of the location and size of
• fire hydrants. . . .
6) The applicant shall install all required fire hydrants and
dry-stand pipes prior to framing construction, and said fire
appurtenances shall be functional prior to commencing such work.
7) Street trees, as required by the City, shall be installed by the
applicant at applicant's expense. Trees shall be of a type
approved by the Parks Department and hall be installed to their
specifications. If removal of any existing trees is required
by the City, said removal shall be at the applicant's expense.
It shall be the responsibility of the applicant to make all
arrangements with the Parks Department concerning the require-
ments of this condition.
8) A detailed grading plan which includes proposed drainage
. and erosion control landscaping or, other measures such as
desilting basins shall be approved by the City Engineer.
9) Immediately after grading, erosion control landscaping and/or
other measures such as desilting basins shall be installed.
This control may be the final landscaping if so approved.
10) A detailed landscape and sprinkler plan shall be submitted
•for Planning Director's approval for all graded slopes 5'
or greater in height and any other areas required by law.
11) Prior to final building inspection clearance, all landscap-
ing and irrigation systems shall be installed or adequate
bonding accepted. Said landscaping shall be maintained in
a manner acceptable to the Planning Director.
12) No signs or advertising of any type whatsoever shall be erected
o.r installed until plans thereof have been approved by the City
of Carlsbad.
As part of the approval process, the City may modify these conditions or
add others, especially those of a more specific nature. The applicant
wll.1 be notified of these modifications or additions by Resolution.
Form Planning 27 /Date of Planning Commission Approval
L.
( I
-
4
RECORDING REQUESTED BY
TITLE INSURANCE AND TRUST COMPANY
AND WHEN RECORDED MAIL TO:
THE GREAT-WEST LIFE ASSURANCE COMPANY
60 Osborne Street North
Winnipeg, Manitoba, Canada R-3C-3A5
MAIL TAX STATEMENTS TO:
Same as above
PARTNERSHIP GRANT DEED
The undersigned grantor declares that documentary transfer tax
is $1,331.00.
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowl-
edged, CC&F PALOMAR AIRPORT BUSINESS PARK, a partnership orga-
nized under the laws of the State of California, hereby grants
to THE GREAT-WEST LIFE ASSURANCE COMPANY all of its right, title
and interest in and to the real property located in the County
of Los Angeles, State of California, more particularly described
in Exhibit 1tA attached hereto and incorporated herein by this
reference.
Subject to:
Current Taxes.
Covenants, conditions, restrictions, reservations,
rights, rights-of-way, encumbrances and easements
of record, if any.
IN WITNESS WHEREOF, said partnership has caused this instrument
to be executed on the /S day of I4/?7%/1 , 1977.
CC&F PALOMAR AIRPORT BUSINESS
PARK, a Partnersh-ip
By CC&F PALOMAR, a Partnership,
a Partner
By CC&F PALOMAR PROPERTIES, INC.
V a California corporation, a
Partner of CC&-QMAR
S V I Y, es ,/j7- -
./By MB- ALOMAR, INC., a California
cor- ation, a partner .1
By (i4,
Its "
By MFD-PALOMAR, INC., a California
corporation, a partner
By-.'7: _(V•4
Its
RECEIVED JUL - 5 1977
o. I
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
On /? /f" •, 1977, before me the under-
signed, aJotary Public in.ai2d for said State, personally
appe,aredJvi .',,t' i , known to me to be the
of CC&F PALOMAR PROPERTIES, INC.,
a California corporation, the corporation that executed
the within instrument, and known to me to be the person who
executed the within instrument on behalf of said corporation;
said corporation being known to me to be one of the partners
of CC&F PALOMAR, the general partnership that executed the
within instrument and known to me to be the corporation
which executed the within instrument on behalf of said
partnership; CC&F PALOMAR being known to me to be a general
partner of CC&F PALOMAR AIRPORT BUSINESS PARK, the general
partnership that executed the within -instrument, and
acknowledged to me that CC&F PALOMAR executed the same as
such partner and that such partnership executed the same.
WITNESS my hand and official seal.
OFFICIAL SEAL
DOROTHY FCK
NOTARY PUBLIC - CALIFORNIA (D
LOS ANGELES COUNTY
I
My comm. exp:es DEC13, 1979
STATE OF CALIFORNIA
)
ss.
COUNTY OF LOS ANGELES )
On ___ before me the undersigned,
a Notary Public in and for sa State, personally appeared
, known to me to be the
of MB-PALOMAR, INC., a California
corp oration, t)(e corporation that executed the-within iristru-
men t , and knon to me to be the person who executed the
with in instrument on behalf of said corporation. Said corpo-
rati on being known to me to be one of the partners of CC&F
PALO] NIAR AIRPORT BUSINESS PARK, the general partnership that
exec uted the within instrument and acknowledged to me that
such corporation executed the same as such partner and that
such partnership executed the same.
WITNESS my hand and official seal.
OFFICIAL SEAL
DOROTHY FR!CK
NOTARY PUBLIC - CALIFOPNIA
LOS ANGELES COUNTY
Aly comm. expires DEC 13, 1979
Page 1 of 2
RECEIVED JUL - i7
a I
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
On /C// f/7?, before me the undersigned,
a Notry Public in and for said State, personally appeared
known to me to be the
of MFD-PALOr1AR, INC., a California
corporation, thecorporation that executed the within instru-
ment, and known to me to be the person who executed the
within instrument on behalf of said corporation. Said corpo-
ration being known to me to be one of the partners of CC&F
PALOMAR AIRPORT BUSINESS PARK, the general partnership that
executed the within instrument and acknowledged to me that
such corporation executed the same as such partner and that
such partnership executed the same.
WITNESS my hand and official seal.
OFFICIAL SEAL
DOROTHY FRICK ; ;z ~_
NOTARY PUBLIC - CALIFORNIA
)
'y
LCS ANGELES COUNTY
My c.rnm. expire DEC 13. 1979
Page 2 of 2
LEGAL DESCRIPTION
Lot 3 of Carlsbad Tract No. 73-49 - C.C.&F. Palomar Airport
Business Park - Unit No. 1, in the City of Carlsbad, in the
County of San Diego, State of California, according to Map
thereof No. 8054, filed in the Office of the County Recorder
of San Diego County, December 31, 1974.
13
Exhibit WAI
Page lofi
-'I •
0 .
July 5, 1977
ANTHONY POOLS BUILDING
Palomar Airport Business Park
List of Adjacent Property Owners
This list is taken from the latest equalized assessment roles on file in the
office of the assessor of San Diego County.
Parcel No. Owner Address
1. 213-030-11 Trustees of Central States 8550 W. Bryn Avenue
Chicago, Iii. 60631
2. 213-030-14 Mary E. Bressi P. 0. Box 1666
Carlsbad, CA 92008
3. 213-050-03 Palomar Airport Business Park 6231 Yarrow Drive 'C"
Carlsbad, CA 92008
4. 213-050-04 Palomar Airport Business Park 6231 Yarrow Drive "C"
Carlsbad, CA 92008
5. 213-050-08 Palomar Airport Business Park 6231 Yarrow Drive "C"
Carlsbad, CA 92008
6. 213-050-09 Palomar Airport Business Park 6231 Yarrow Drive "C"
Carlsbad, CA 92008
7. 213-050-11 Palomar Airport Business Park 6231 Yarrow Drive "C"
Carlsbad, CA 92008
8. 213-050-12 Palomar Airport Business Park 6231 Yarrow Drive "C"
Carlsbad, CA 92008
9. 213-050-16 Palomar Airport Business Park 6231 Yarrow Drive "C"
Carlsbad, CA 92008
!& 0 -I4 F1U3h3 i ,-ci.4 Ce,, P.O. 70
A IQ,c!A. ct w o
D ISTRI BUT IOST
DATE SENT: '7/i9/77 DATE .. TO BE RECEIVED:.
Leucadia County Water Dist. Dr. Robert Crawford, Supt.
1959 El Camino Real Carlsbad Unified Schhol Dist.
Leucadia, CA 92024 801 Pine Ave.
CarlsbaU, CA 92008
Carlsbad Municipal Water Dist.
F1 El .Camino Real _5780 Bill Berrier, Supt.
Carlsbad, CA 92008 San Dieguito Union School Dist
2151 Newcastle Ave.
Jack Kubota & Assoc. Cardiff, CA 92007
P.O. Box 1095
Robert L. Brickman, PhD Carlsbad, CA 29008
. Attn: John Pierce [] Encinitas Elementary School
San Marcos County Water Dist.
788 W. Encinitas Rd.
San Marcos, CA 92069
Olivenheim Municipal Water Dist.
1966 Olivenheim Rd.
Encinitas
Dist.
185 Union Street
Encinitas, CA 92024
7[
[ Director of Public Health
Department of Public Health
Civic Center
San Diego, CA 92101
V, alD
I
6
- -77
San Marcos Unified School Dist.
270 San Marcos Blvd.
San Marcos, CA 92060
Postmaster
City of Carlsbad
Carlsbad, CA 92008
T Water Quality Control Bd.
6154 Mission Gorge Road
Suite 205
San Diego, CA 92120
Attn: Greg Luke
San Diego Coast Regional Comm.
6154 Mission Gorge Rd.
Suite 220
San Diego, CA 92120
Mr. R. L. Brown, Jr.
San Diego Flood Control Dist.
55555 Overland Drive
San Diego, CA
Edwin J. Heimlich
Federal Housing Admin.
P.O. Box 2648
San Diego, CA 92112
FOR INFORMATION
[T
San. Diego Gas & Electric Bill Nichols
101 Ash Street Carlsbad Chamber of
Mailing: P. 0. Box 1831 Commerce
SanDiego, CA 92112, Elm Avenue
Carlsbad, CA 92008
Pacific Telephone Co.
Right-of-Way Dept. Bruce E1tson
2436 Howard Ave. Rm 120 Dept. of Fish & Game
San Diego, CA 92103 35.0 Golden Shore
Long-Beach, CA 90802
California Div. of Real Est.
107 S. Broadway, -Rm 8003 J. Dekema
Los Angeles,-CA 90012 Dist. Dir. of Trans.
P.O. Box 81405
CITY PERSONNEL San Diego, CA 92138
WATER DEPARTMENT T. C. Martin
Programs & Budget
FIRE DEPARTMENT . . Engineer
State of California
f UTILITIES DEPARTMENT Dept. of Transport.
District 11
PARKS & RECREATION DEPARTMENT P.O. Box 81406
- San Diego, CA 92138
BUILDING DEPARTMENT
ENGINEERING DEPARTMENT ___________________
Cti .frfhD r ney
FORM PLANNING 53
.f..,
0 250 510 FEET
Izc: 0 0.
I ccr
0
o : •' :••. t J?••* ...L)
- -*4 . -
Case No. _V27ODate Rac'd:7/12/77 DCC Date: ,h/ c Datei
Description of Request:_VrLa
t_!LU_ _vL9! 14IU______________ Address or -Location oRe a gøJuo4L !/
A _Plcan't: S
Enjr. or Arch. _____________
Br ef -Legal cE CT 7_4Th4 IJb O54)
Assessor 1300 k: Page: ej Parcel : J I General Plan Land ase Descriptio __ -
Existing Zone: . .n Proposed Zone:
Acres No. of Lots: Dli's KI DU/Acre/4
School Dstr4t:jJj . . . .
Water Sanitation
l4tthin Coast Plan Area: - Coast Permit Area:
FORM PLANNING 52
7
g
0
Aj a.
-p a
..-.. H,IN- I FA
0 250 500 FEET ii 4. I
NOTICE OF PUBLIC HEARIN
VARIANCE - V-270
NOTICE IS HEREBY GIVEN that the Planning Commission of the City of
Carlsbad will hold a Public Hearing at the City Council Chambers,
1200 Elm Avenue, Carlsbad, California at 7:00 P.M. on Wednesday, August 24,
1977, to consider an application for approval of a variance to allow a wood
fence with landscaping and other architectural treatment in lieu of a solid
concrete or masonry wall required by Section 21.34.110 - Outdoor Storage
on property generally located west of El Camino REal between Camino Vida Roble
and Palomar Airport Road and more completely described as:
Lot 3 of Carlsbad Tract 73-49 = C.C.&F Palomar Airport Business
Park - Unit No. 1, in the City of Carlsbad, in the County of San
Diego, State of California, according to Map thereof No. 8054 filed
in the Office of the County Recorder of San Diego County,
December 31, 1974.
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: Bernie Gilmore
PUBLISH: August 10, 1977 CITY OF CARLSBAD PLANNING COMMISSION
CarlJb6 V ad Journal
Decreed A Legal Newspaper by the Superior Court of San Diego County
3088 PlO PICO AVENUE P.O. BOX 248 • CARLSBAD, CA 92008 • 729-2345
Proof of Publication
STATE OF CALIFORNIA, ss.
COUNTY OF SAN DIEGO,
I am a citizen of the United States and a resident of the county aforesaid;
I am over the age of eighteen years, and not a party to or interested in the above entitled matter.
am principal clerk of the printer of the Carlsbad Journal a newspaper of general circulation,
printed and published twice weekly in the City of Carlsbad, County of San Diego, State of California, and
which newspaper is published for the dissemination of local news and intelligence of a general
character, and which newspaper at all times herein mentioned had and still has a bona fide subscription
list of paying subscribers, and which newspaper has been established, printed and published at regular
intervals in the said City of Carlsbad, County of San Diego, State of California, for a period exceeding
one year next preceding the date of publication of
- NOTICE OF PUBLIC the notice hereinafter referred to; and that the HEARING
VARIANCE notice of which the annexed is a printed copy, has
NOTICE IS HEREBY GIVEN hatthe been published in each regular and entire issue of
Planning Commission, of the City of Carlsbad-will hold a Public Hearing at said newspaper and not in any supplement
the City Council Chambers,.1200Elm thereof on the following dates, to-wit: Avnnitn Ct.h...t r..n.t..... ....,.., %..anLuAhIla UI IUU P.M. on WedneOday; August 24, 1977; to consider sit apsiiicition for approval of a yariance-toal1o.,-a wooclfepde with
landscaping, and other architectural August 10 19. 77 treatment In lien, ole solid concrete or
masonry wall rquired by Section 21.34.110 . Outdoor Sorage' on prop- erty- generally located vest of' El Caminoeal between Camino Vida
Roble andloma, Airport Road and more, completely described as:
Lot3ofCarlsbOdjract749 '=C.C.&F Palomar AirportBusjness Park— Unit
No. 1, in the City of-Carlsbad, in the County of San Diego, State of Clifor- 1 9 . nia:accordingto Map-thereof No. 8054 filed in- the Office of the County Re- corder of San Diego County, December 3i,_1974._
Those' persons wishing to speak on
this proposal are- cordially invited to, attend the Public-Hearing. Ifyou have any questions, please call 729-j181and' ask for the PlaOning,Department. Applicant BERNIE GILMORE CITY OF CARLSBAD 1 9 . PLANNING-COMMISSION CJ 873w August 10, 1977
I certify under penalty of perjury that the foregoing is true
and correct. Executed at Carlsbad County of San Diego,
State of California on the 16th
day of August 1q77
I'L/2aL
Clerk of the Printer
INFORMATION REQUEST FORM
DATE July 19, 1977
TO: Parks & RecreHrrn Dept.
FROM: CARLSBAD PLANNING DEPARTMENT
RE: CASE NO. V-270
Attached is a copy of the location map and information sheet on subject case.
This item will be reviewed by Carlsbad Development Review Committee on
August 24;1977 . Therefore, if you have comments or conditions
that should be considered, please complete this comment request and return
byAugust5,1977
For further information, please contact the Planning Department at 729-1181,
Ext. 25.
Bud Plender, Assistant Planning Director
COMMENTS:i(,Aw , _/5 ,t/br_V15186E ,n1
.A~- 4dmzl—j'~ 461Z
(attach additional sheet if necessary)
Form Pj Date June 16,.1 75
$ • L .
INFORMATION REQUEST FORM
DATE Ju1yj9, 1977
TO: _ij_Dpatmet_-_----------
FROM: CARLSBAD PLANNING DEPARTMENT
RE: CASE NO. V-270
JUL 20 1977
CITY OF cARLSBAD
g Department
Attached is a copy of the location map and information sheet on subject case.
This item will be reviewed by Carlsbad Development Review Committee on
August 24, 1977 .. Therefore, if you have comments or conditions
that should be.considered, please complete this comment request and return
by Augus- t 5, 1977 _•_ --
For further information, please contact the Planning Department at 729-1181,
Ext. 25. -
Bud -P -lender, Assistant Planning Director
COMMENTS:
0 Cc>'-ii -
(attach additional sheet if necessary)
ForrnPlpnnjngpL Date
June 16, 1975
. .•
INFORMATION REQUEST FORM
DATE July 19, 1977
TO: City Attorney
FROM: CARLSBAD PLANNING DEPARTMENT
RE: CASE NO. ____________________
Attached is a copy of the location map and information sheet on subject case.
This item will be reviewed by Carlsbad Development Review Committee on
August 24, 1977 .. Therefore, if you hav'e comments or conditions
that should be.considered, please complete this comment request and return
by August 5, 1977
For further information, please contact the Planning Department at 729-1181,
Ext. 25.
ÜE[ Plender, Assistant Planning Director
COMMENTS:
(attach additional sheet if necessary)
Form lflfl1g51 Date June 16, 1975
INFORMATION REQUEST FORM
DATE July 19, 1977
TO: City Manager
FROM: CARLSBAD PLANNING DEPARTMENT
RE: CASE NO. v-270
Attached is a copy of the location map and information sheet on subject case.
This item will be reviewed by Carlsbad Development Review Committee on
August 24, _1977 . Therefore, if you have comments or conditions
that should be considered, please complete this comment request and return
by August 5,1977
For further information, please contact the. Planning Department at 729-1181,
Ext. 25.
iJd Plender, Assistant Planning Director
COMMENTS:
t C K1 _-
(attach additional sheet if necessary) .
FormPlanning_1_. Date' •._16,1975 .-
I
INFORMATION REQUEST FORM
DATE July 19, 1977
TO: Engineering Depn-tnierit
FROM: CARLSBAD PLANNING DEPARTMENT
RE: CASE NO. V-270
Attached is a copy of the location map and information sheet on subject case.
This item will be reviewed by Carlsbad Development Review Committee on
August 24,1977 .. Therefore, if you have comments or conditions
that should beconsidered, please complete this comment request and return
byAugust5,1977
For further information, please contact the Planning Department at 729-1181,
Ext. 25. RECEIVED
JUL191977
Bud Plend r, Di rector Assistant Planning
CITY OF CARLSBAD
r):d; ;. <~ oll ~ --- inincr*w flønlrM2n*
(attach additional sheet if necessary)
Form Pla n ni n Date June16,1975
..
INFORMATION REQUEST FORM
DATE July 19, 1977
TO: Building Department
FROM: CARLSBAD PLANNING DEPARTMENT
RE: CASE NO.V-270
Attached is a copy of the location map and information sheet on subject case.
This item will be reviewed by Carlsbad Development Review Committee on
August 24, 1977 . Therefore, if you have comments or conditions
that should be considered, please complete this comment request and return
by August •5, 1977
For further information, please contact the. Planning Department at 729-1181,
Ext. 25.
Bud Plender, Assistant Planning Director
(attach additional sheet if necessary)
Form Planning i Date Ju.n6 16, 1975 .
a
.
Staff Report
DATE:
TO:
FROM:
CASE NO.:
APPLICANT:
August 24, 1977
Planning Commission
Planning Department
V-270
Bernie Gilmore
Request: Approval of a Variance to Section 21.34.110 of the Zone Code,
to allow the use of a wood fence with landscaping in lieu of a solid
concrete or masonry wall to screen outdoor storage.
Section I. Recommendation
Staff recommends that the Planning Commission DENY the subject request
based on the following findings:
1. There are no 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 property is typical of planned industrial sites graded in
hilly areas; and
b. The zone code's requirements provide to the applicant a method
of screening outdoor storage in hilly areas.
2. Such a variance is not 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:
a. Other property in the vicinity and zone of this project must
meet the zone code's requirements for screening outdoor storage;
and
b. This property may enjoy its right of outdoor storage by
screening it in the manner set forth in the zone code.
If the Planning Commission receives additional information at the
public hearing that would allow them to make the above findings,
Staff would recommend the inclusion of the following conditions:
.,
1. The portion of the fence fronting along El Camino Real shall be
constructed with masonry material as shown on Exhibit C, dated
7/28/77. Timing for compliance of this condition shall be as outlined in #2 below.
2. The landscape plan as shown on Exhibit B, dated 7/28/77, is not
approved. The applicant shall resubmit a landscape and irrigation
plan to the Parks and Recreation Director for review and approval.
The plan must emphasize appropriate plant type and size to
adequately screen the outdoor storage areas from El Camino Real
and adjoining properties. If acceptable landscape plans are not
submitted as required within 30 days of approval of this resolution,
the variance shall become null and void. If the approved land-
scaping is not installed within 90 days of approval of this resolution,
the---variance shall become null and void. Any deviation from this
condition must be approved by the Planning Commission.
Section II. Backqround
Location and Description of Property: The project site is the existing
Anthony Pools facility on the west side of El Camino Real between
Palomar Airport Road and Camino Vida Roble. The site is currently
surrounded on four sides by a 10 foot wooden fence.
Existinq Zonin
Subject Property: P-N
North: P-N
South: P-N
East: County A-3 (8)
West: P-N
Existing Land Use:
Subject Property:
North:
South:
East:
West:
Anthony Pools facility
Hughes facility
Vacant
Vacant
Vacant
History and Related Cases:
There is an existing 10' high wood fence surrounding the storage area
of Anthony Pools. The fence was built without the issuance of a
fence permit as required by the Building Code. The applicant claims
the fence was approved as part of the building permit for the building
because it was shown on the site plan of the working drawings. However,
a separate fence permit is required for a fence over 6' in height.
The question of the nonconforming fencing, along with other development
standards in the P-N zone has been discussed previously by the City
Council. The City Council directed Staff to amend certain development
standards in the P-N zone, but not the fence requirements.
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Environmental Impact Information:
The project is exempt from the Carlsbad Environmental Protection
Ordinance as a minor alteration in land use limitation (section
19.04.090(c4).
General Plan Information:
The Land Use Element designates the subject property for Planned
Industrial use.
Public Facilities:
The availability of public facilities would not be affected by the
subject request.
Major Planning Consideration:
Can the necessary findings of a variance be made for what the applicant
is proposing?
Section III. Discussion
Section 21.34.110 of the zone code states the following:
"21.34.110 Outdoor storage. In the P-M zone, all outdoor
storage, including equipment, shall be completely enclosed by
a solid concrete or masonry wall not less than six feet in
height, which said wall shall screen the stored materials
from the view of the adjoining properties or streets, if
possible considering site conditions, and if due to site
conditions complete visual screening of stored materials is
not possible, trees and other plant materials shall be used,
upon approval of the City Planner, in addition to the wall to
obtain maximum visual screening."
Exhibit D contains the justifications offered by the applicant for
approving the Variance. The applicant feels that the intent of this
section is solely to provide adequate visual screening of the outdoor
storagearea. He proposes to accomplish this intent by installing a
partial masonry wall along the front of the site and utilize the
existing nonconforming 10' high wood fence along the sides and rear
of the building. He then proposes to augment the screening capability
of the fence with additional landscaping. The applicant does admit
that the code clearly requires "a solid concrete or masonry wall."
Staff does not believe that the first required finding, pertaining to
uniqueness, can be found. The code specifically makes provision for
circumstances where site conditions preclude complete visual screening.
That provision covers the applicant's argument that topographic
circumstances constitute uniqueness.
Because the code provides for differing topographic circumstances,
this project has not been denied any substantial property right.
Anthony Pools may conduct outdoor storage by screening it with a
solid concrete or masonry wall, and landscaping, as provided in
the latter part of section 21.34.110. The applicant's argument as
to the relative merits of a concrete/masonry wall versus a wooden
fence does not directly address this issue. It might form the basis
for an amendment to this section of the code; it does not support
the granting of the Variance.
Attachments:
Location Map
Applicant's Justification of Variance
Exhibit A, dated 7/28/77
Exhibit B, dated 7/28/77
Exhibit C, dated 7/28/77
MZ:jp
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APPLICANT'S JUSTIFICATIONS
V-Z 70
4. 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.
a. 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:
Stacking height requirements in the storage yard by the occupant required a
ten (10) foot high wall to comply with Section 21.34.110. However, due to
site conditions, complete visual screening cannot be accomplished by a wall.
The subject property is significantly lower than the adjacent North and South
properties as well as El Camino Real, and higher than the property to the West.
Therefore, screening from the North, East and South can only be achieved by a
significantly higher wall plane element. Regardless of the wall material,
complete screening could not be achieved by a wall of reasonable height.
In compliance with Section 21.34.110 trees and other plant materials are
suggested to provide long term visual screening and visual quality to the
wood wall.
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 the property in question:
The preservation and enjoyment of property right possessed by others in the
zone but denied to the subject property must be related to interpretation of
Section 21.34.110 by letter of the ordinance in lieu of the intent. The
intent is visual screening, the letter of the ordinance is with "a solid
concrete or masonry wall". The visual quality of appearance is not stated;
however, it is assumed the solid concrete or masonry establishes a standard.
It can only be assumed the solid concrete or masonry wall requirement is
related to damage resistance and permanence. The wood wall, if damaged, is
easily repaired by the occupant. Permanence is related to timely repair and
maintenance, both of which are easily accomplished and, if necessary, may be
required by the City of Carlsbad in their role as partners in the Covents
Conditions and Restrictions for development in the Park.
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:
The wood wall is visually better in appearance than the required concrete or
masonry wall. The wood wall presents no threat to the public welfare nor is
it detrimental to the property or improvements in the zone.
d. Explain why the granting of such variance will not adversely affect the
comprehensive general plan:
The wood wall will provide a subdued background for the trees, shrubs and vines.
The combination of wood and landscape elements will provide a positive visual
experience in the neighborhood and be in conformance with the comprehensive
general plan.
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wit:
PLANNING COMMISSION RESOLUTION NO. 1406
RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, DENYING A VARIANCE
FROM SECTION 21.34.110 OF THE CARLSBAD MUNICIPAL
CODE TO ALLOW THE USE OF A WOOD FENCE WITH LAND-
SCAPING IN LIEU OF A SOLID CONCRETE OR MASONRY
WALL TO SCREEN OUTDOOR STORAGE ON PROPERTY GEN-
ERALLY LOCATED ON THEWEST SIDE OF EL CAMINO REAL
BETWEEN CAMINO VIDA ROBLE AND PALOMAR AIRPORT
ROAD.
APPLICANT: BERNIE GILMORE
CASE NO: V-270
WHEREAS, a verified application for a certain property, to
Lot 3 of Carlsbad Tract 73-49 - C.C.&F Palomar Airport
Business Park - Unit No. 1, in the City of Carlsbad, in
the County of San Diego, State of California, according
to Map thereof No. 8054 filed in the office of the county
Recorder of San Diego County, December 31, 1974
has been filed with the City of Carlsbad and referred to the
Planning 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 5, 1977; and
WHEREAS, at said public hearing, upon hearing and consider-
ing the testimony and arguments, if any, of all persons who de-
sired to be heard, said Commission considered all factors re-
lating to the Variance and found the following facts and reasons
to exist:
1) There are no 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 property is typical of planned industrial sites
graded in hilly areas; and
b) The zone code's requirements provide to the applicant
a method of screening' outdoor storage in hilly areas.
2) Such a variance is not 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:
a) Other property in the vicinity and zone of this project
must meet the zone code's requirements for screening
outdoor storage; and
b) This property may enjoy its right of outdoor storage by
screeninr it in the manner set forth in the zone code.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission
of the City of Carlsbad as follows:
A) That the above recitations are true and correct.
B) That a Variance is deniedto allow the use of a wood fence
with landscaping in lieu of a solid concrete or masonry
wall to screen outdoor storage on property located on the
west side of El Camino Real between Camino Vida Roble and
Palomar Airport Road.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City of Carlsbad Planning Commission held on October 5, 1977,
by the following vote, to wit:
AYES: Commissioner Rombotis, Larson, L'Heureux,
Jose, Woodward.
NOES: Commissioner Fikes.
ABSENT: Commissioner Watson.
• ___
IC LARS N, Chairman
ATTEST:
HAGAMAPcy L
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