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V 295; ESTHERBROOKS, DAVE; Variance (V)
/7O - Receipt N APPLICATION NO. VARIANCE CITY OF CARLSBAD (Please Type or Print) Date: 9/27/79 1. REQUEST: Variance to DEVIATE FROM FRONT AND SIDEYARD (briefly explain and indicate section of Zone SETBACKS Ordfnance affected) 1e,jo4 r 2. LOCATION: The subject property is generally located on the SOUTH side of OCEAN BLVD. between DEL MAR and BEECH 3. ASSESSOR'S NUMBER: Book _Page ailS Parcel 203 140 06 Bon1__ Page (If more please list on bottom of this page). 4. OWNER(S): Name Address City -Zip Phone DAVID EAS K..IL (2J.) 7221471 715 . - - OCEANSIDE, CA. 92054 5. . PERSON RESPONSIBLE FOR PREPARATION OF APPLICATION: Name Address City . Zip Phone JOHN HELM ARCHITECT INC. (714) 942-1999 7682. EL CAMINO REAL, SUITE 202, CARLSBAD, CA. 92008 6. APPLICANT'S SIGNATURE: I hereby declare that all information contained within this application is true; and that all standard conditions, as indicated on t attchmerht1have been read, understood and agreed to. Name Address City Zip Phone 7682 EL CAMINO REAL, SUITE 202, CARLSBAD, CA. 92008 Representing (Company or Corporation) JOHN HELM ARCHITECT INC. Relationship to Property Owner(s) ARCHITECT The City of Carlsbad Planning Department would appreciate the opportunity to work with the applicant throughout the Planning Stages of the proposed development. In an effort to aid the applicant, the Planning Department requests that it be given an opportunity to evaluate and discuss the application and plans prior to submittal. This request is not a requirement; however, it may avoid major redrafting or re- vision of the plan which only serves to lengthen the processing time. ATTACHMENTS: Supplemental Information Form - Planning 23 Standard Conditions - Planning 7 Preparation Check List - Planning 32 Procedures - Planning 36 Date of Planning Commission Approval FORM: Planning 5 6/11/79 I V . SUPPLEMENTAL INFORMATION FORM VARIANCE 1) Gross Acres (or square footage, if less than acre) 3500 SQ FT 2) Zone R - 3 V 3) GeneralPian Land Use Designation MULTIPLE FAMILY V - 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 orextraordinary 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: LOT IS NARROW (25'). THE COASTAL COMMISSION HAS RESTRICTED CONSTRUCTION IN THE REAR YARD TO CONFORM WITH EXISTING HOUSES 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:OTHER HOMES ARE BUILT WITH LESS THAN REQUIRED SIDEYARD AND LITTLE OR NO FRONT YARD. REQUIRED SIDEYARDS COMBINED WITH COASTAL COMMISSION REQUIREMENTS WOULD RESTRICT DEVELOPMENT OF THIS PROPERTY TO AN AMOUNT VERY MUCH BELOW THAT ENJOYED BY OTHER PROPERTY IN THE SAME VICINITY. 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:DEVELOPMENT WOULD BE IN KEEPING __- WITH THE NATURE OF EXISTING DEVELOPMENT AND UPGRADE THE QUALITY OF THE NEIGHBORHOOD, IT TS ALSO A nOW CRADF OF CTTPPF.NT ZONTN FROM •-3 TO R-1. d) Explain why the granting of such variance will not adversely affect the comprehensive general plan: SEE 4 - C V.VI FORM 'Plariftiril 23 Data of planning Commission Approval V •V V -S w If after the information you have submitted has been reviewed, it is determined that further information is required, you will be so advised. APPLICANT: DAVE EASTERBROOKS JR. Name (individual, partnership, joint venture, corporation, syndication) 715 MISSION AVE. ciCEANSIDE, CA. 92054 Business Address (714) 722-1471 Telephone Number AGENT: JOHN HELM Name 7682 EL CAMINO REAL, SUTIE 202, CARLSAD CA 92008 Business Address (714) 942-1999 Telephone Number MEMBERS: JACK & ROSEMARY CLIFTON (CO-OWNERS) Name (individual, partner, joint Home Address venture, corporation, syndication) 19352 TRINO CIRCLE , YORBA LINDA, CA 92686 Business Address (714) 774-6500 Telephone Number Telephone Number Name Hcme Address Business Address Telephone Number Telephone Number (Attach more sheets if necessary) I/We declare under penalty of perjury that the information contained in this dis- closure is true and correct and that it will remain true and correct and may be relied upon as being true and correct until amended. Q""I' IL I%. f _Applic'aA' BY Owner, Partner 9 CASA fSr')W '- ES SAUF AS BELOW . -.. C I ICI1IL t DAVID S. EASTERBROOKS, JR. & PR. A MRS. JACK CLIFTON 99 North PcifIc 4 310 Ortde, Ca, 92,954 L • ) i:1t nt •• ST. PAUL TITLE COIpct(y •Oci s 011 U SAN DItj .ALJF, $3.00 GRANT DEED (DIVID AU - Th. it. ••1 ..in,.c 4e.I3,rlI TIASIJIl 149 P4' O,o,,--. l.t'o l•fli0 l •, s_103....40 LAC DIC CO. 9111 iXA Cr11p,,1l on l•ø t'Ut •t1*II•P 0' •0I •(•(l #flCs,10Nr,n it"I•fl.09 II I.,,-. of alt X c.'v 0._Carisbad - - - 1,. e,.. No .703- 1 4c-O WINIIILL WASDE AYDELOTTE and BAPBARA B. #YPELOTTF husband and wife FOR A VALUABLE CONSIDERATION. '-1(91eV GRANT TO [A/ID S. EASTEREXROOKS, JR., a single mar, as to an undivided one-half interest, and JACK CLIFTON and ROSEMARY CLIFTON, as Tructees of that Declaration of Trust dated September 29, 1977. as to an undivided one-half interest, as te'ants in common t9I 'el prepeOty o the Cpt,nty 0tSan Diego_ - SIie ol CoI,fo-,n'. tOW, I,j a Lot 7 in Block A' of the WAXES LAID C&11 'ANY AO1TIO'I TO CAPLSBAD, Map No. 2, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1221, filed in the Office of th County Recorder, Noverter 4, 1909. EXCEPT that portion if a-y of said Lot lying below the ordinary high tide of the water of the Pacific Ocean. _-____ ,er'cIr1l ,.vrde Atdeicte • }. ()o Soptcmbcr 2J, 1978 - 9 Bariara B. AydeiottY I". I". o11* 1 ,1111d 1 o 100 I., iild (e.oI, I'll '-defl are Aid)otte and barbara U. !vydelotte - . - . - . .......... flI10'1 Ifi 101 t be 1110 'fl 5 *0U fl).15 are - • 11.,11I bed 0 'I .1111.-fl 011.00110 •0 •Ce .10,10,9110 t011 .•..•. i. > WITNFS .oe 'tiod 1110 &'l • 11)I cli 21/j AILLJJ.J -'-. N,I.y .h',, 0*rSO '0' Ud (o'I, • 1 SlIt Ma I,AIL TAX 91ATEUNT AS O;R#CTft) ABOVC 1200 ELM AVENUE TELEPHONE: CAPISI3AD. CALIFORNIA 92008 (714) 729-1181 14 1F o July 2, 1979 Jo]m Holm 7682 El Camino Real, Suite 202 Carlsbad, CA 92008 SUBJECT: 2623 OCEAN STREET, CARLSBAD, CA In reference to the subject parcel, our records indicate the exist- ence of one (1) residential sewer hookup. A new residence at this address would be permitted to use this hookup. Les Evans City Engineer LE: RJ1q: rfnt 1 :1 12 Dorothy & Raymond Ede 2600-Ocean St. Charles & Irma Algover 2650 Ocean St. Carlsbad, Ca. 92008 ' Carlsbad, Ca. 92008 2 -- - - 13 Army & Navy Academy . Albert & Jamie PoThamus Carlsbad Blvd V 2642 Ocean St. V Carlsbad, Ca. 92008 Carlsbad, Ca. 92008 I I VV V 3 It 141 Joyce Joy 1 Norman & Jane Schakel V 2501 E Commonwealth St. jj 2819 Reed Read .1 Fullerton, Ca. 92631 Escondido, Ca. 92027 V 4 . 15 & V V V V Ethel Bliss T Illsley & Perkins P.O.Box 542 VV 3428 N.V Circle Rd. V Mentone, Ca. 92359 V San Bernardino, Ca. 92405 V V V V V V - 5 1 16 V Richard & June Gronquist Vj! Irving & Veda Noren V 2651 Garfield St. V :M Richard & Carol Dickey V Carlsbad, Ca. 92008 55 N. Golden West Ave. V V Arcadia, Ca. 91006 :1 VVJ 6 - 17 - Edward & Madeline Murphy Harrison Silver, 2661 Garfield St. V I. Ethel & Raymond Mullen Carsibad, Ca. 92008 5841 Grand Ave. V V .: Riverside, Ca. 92506 : V V . 7 . VVV_V V 18 V A.M. & Sigrid Street It Raymond & Barbara Mullen V V V 2669 Garfield St. IdI 1 2110 Arroyo Dr. Carlsbad, Ca 92008 Riverside, Ca 92506 8 :I 19 24 Gertrude Mallen John & Wendy Craven V Christy Peckham V V 2677 Garfield St. :j; 23255 Mariposa Do Oro . c/o Norman Vetter Conservator Carlsbad, Ca. 92008 Malibu, Ca. 90265 P.O. Box 240 V - Oceanside, Ca. 92054 V 21 1 25 Doris & Irving Gordon V'i Jean Walker I Margaret & Angus Depinto 10952 Rathborne Ave. 2643 Ocean St. Suite 130 Patio C Norhtridge, Ca. 91324 It Carlsbad, Ca. 92008 VI 550 W. Thomas Read ft V Phoenix, Az. 85013 V Gloria Hoefer o• Edward & Jane Hubbard 22 407 Iris Ave. 2649 Ocean St. Corona Del Mar, Ca. 92625 1 Carlsbad, Ca. 92008 11 V 23H V V V V Patrick & Laduska Biller Phyllis Peckham 2658 Ocean St. 5707 W. Sixth St. V Carlsbad, Ca. 92008 Los Angeles, Ca. 90036 SCi S 1 0Z iF '-1 0 MORE .5'- 4 iF S ILVI RAlPH 260' IA MULL] 2111 /61 TN MULL 211 262 X Y I) F 1 85] 262 14 AV /37 262 IF ILL Si T47] /63: 14 WALK 5(4 If. I I T-(i3 A$SE5$M41 ROLL (OUF SAND IEEO- -PAGE 221 RECORD[ NO ZONE IRA PARCEl. NO. LAND IMPRVNNT$ EXEMPTIONS NET P *IC ('Jjj.lUS(N)-cJ ______________________________ I INK • D4 TV(11N( C. - 1-i69 USE_AC1._ 203 130 33 SL.LPR1I_OTHIA/ASMTS 'c WAFT(..N $I OCEANSIDE CA 92054 * 3/24/77 TAX ES $1.18 $1.18 $2.36 sl C!ILIAIL...___I 14 .14.5, '.01 32 ('II I--AI.FFL MJEF - 203 210 13 1 W JoitPAETTA K 4-063996 A3 9000 203 130 34 3100 1725 ELPI AVE (A*LSSAD CA 92008 3/14/74 11110 .22 TAXES $231.05 $231.05 $462.0 S L 145, '.0 31 iv T T T S FARCU. NUM8LR - 203 210 12 5 4 IRVING ATVEDA, DICKEY RICHARD KICAR0L A 1 -07350 R3 9000 203 140 02 123-75 6250 GOLDEN WEST AVE, ARCADIA CA 91006 A 4/01/75 11210 .14 TAXES $882.53 $882.55 Si765.10 :0 7 Sg.L.ML11s?IAD N 1221, 6L.K A POR S ERMARRS$OH E$,(THEL M, MULLEN . 1 -163128 R3 9000 203 140 03 14625 500 sIt5 1 )NDSLBARBARA 8 9/05/69 11110 .16 . TAXES $717.32 $117.32 $143466 1IND AVE, RIVERSIDE CA 92504 * S 5 7 OCEAN ST CARLSBAD N 1221, 8U( A LOTS 31.4 . EN RAYMOND -S&BARSAFtA 8 34166 R3 9000 203 145-04 7750 12$7T O ARROYO DRIVE, RIVERSIDE CALIF 92506 .' 3/03/56 11110 .06 TAXES $61109 $61109 $1222.18 Li&iAN ST CARLSBAD 1 221 BLK A LOT 5 -- S EN RA - 95648 R3 9000 203 140 05 7775 4325 12100 O ARROYO DRIVE, RIVERSIDE CA 92506 * 6/30/67 11210 .08 TAXES $574.51 $574.51 $1149-.02 17?1. 81K A LOT 6 -- S 1 OCEA STCARLSBAD IOTT! itF6Tt'. W&BARBAA B - 1 -307591 43 O203 140 06 7250 15 Li 80A VISTA CIRCLE, COSTA MESA CA 92626 * 11/02/73 11110 .08 TAXES $386.85 $386.85 $773.70 rz2T; BLK A LOT 7 OCEAN ST CARLSBAD _N IN JOHN DIwEMIT 1-282275 P3 - 900020314007_1775 3625 11581 55 PIARIPOSA DE ORO MALIBU CA 90265 - 10/09/73 11310 .08 PP 181 7 OCEAN STCARLSBAD N TAXES $550.00$550.00$1100.00 I??', UR A LOT 8 INS - -O82971 P3 9T1UIT 203 140 08 15500 10250 15 ie 5 N CIRCLE ROAD SAN BERNARDINO CA 92405 4/05/72 11410 .16 PP 512 CEAN ST CARLSBAD N TAXES $1243.09$1243.09$2486.18 F22T, BLK A LOTS 9 & 10 p iATi - 203 140 09 15500 5125 H 1750 18875 lIAN SI, CARLSBAD CA 92008 9/29/70 11210 .16 TAXES S894.35 $894.35 $1788.70 4'. UAN ST CAR$48A11 N DLX A LOTS IT t 12 ---.-------- -. - 1978-03 ASSESSMENT ROLL COUNTY OF SANDIEGO PAGE 223 S NAME RECORDERS NO ZONE IRA PARCEL NO. LAND IMPRVMNIS EXEMPTIONS NET 55 MAjJ-TIJS(N)-SAME(') DATE USE ACREAGE SLS PRICE OTHER/ASNTS RD ELWARCI$JANE 1-061999 R3 9000 203 160 10 14625 1750 H 1750 11.625 OCEAN ST, CARLSBAD CA 92008 4/10/70 11110 .16 TAXES $693.71 $693.71 $1387.42 1,B_LCiTS 13 & 14 jAM PHYLLiS 171372 R3 9000 203 140 11 7250 7250 N SIXTH ST, LOS ANbELES CA 90036 ' 10/26/66 91100 .08 TAXES $345.54 $345.54 $691.08 N i CLSSD,L . _________ N .-/1, 81K A LOT 15 AM PHYLLIS 171372 R3 140 iF N SIXTH ST, LOS ANGELES CA 90036 '- 10/26166 91100 .08 TAXES $345.54 $345.54 $691.08 j.ST_ cARtjQD 221, BLK A LOT 16 AWERISTY 0 - 6-134454 R3 9000 203 140 13 15500 8625 24125 NORMAN L VETTER CONSERVATOR, P 0 BOX 240, - 5/26/72 11210 .16 TAXES $1142.21 51142:21 52284.42 NJQ.j.Qt -67 OCEAN ST CARLSBAD N 721, BLK A LOTS 17 & 18 TO ANGUS J&MARGARET F 1-057855 R3 9000 203 140 14 7250 1 130 PATIO C, 550 N THOMAS ROAD, PHOENIX 4/03/70 91100 .08 TAXES $345.54 $345.54 $691.08 IN SI CARLSBAD N 221, ELK A LOT 19 FOWARI) H&PIARY 1 2-180682 R3 9000 203 140 15 7250 VINE AVE, WEST COVINA CA 91790 10/02/69 91100 .08 TAXES $365.54 $365.54 $691.08 NSI CARLSBAD - ....L 22i, bLKAiOT2T fNSUN N*fL t1 ) _ 7004 c P Qflflfl 21' 111 20 icsnn 5875 1-.6EF i., JOHNSON, 611 W SIXTH ST SUITE 3320 10/02/59 11310 .16 PP 293 ANI,ELCS CA 9001? -. - _____TAXES $1026.21 51026.21 S2O52.42 of FAN Si CAFLSBAI A [('IS 30 C 31 '-&CLI/ABETH 5 102887 P3 9000Z03TO3 770 0O S II 4J)lAi F (A S'1/U . 6/27/58 1 1110 .08 TAXES $652.40 $652.40 $1304.51 PIF CNN CF A 00 4. A MU 88 A 264111 14. 1 F-F CXII s/U? (.1 CA Ii 1 4€ 11CM S .0? C I. C 14. 1 PECK H (/0 UI 15A 2665 lb 1 IF F IN SUIT A ('[CF iF 1 •8l X6 I /141 ,-.(f A 14, 1 DATE NT: Richard Hanson, Manager Leucadia County Water District P.O. Box 2397 Leucadia, CA 92024 r- John P. Henley Acting General Manager Carlsbad Muri:cipal Water Dist. 5950 El Camino Real Carlsbad, CA 92008 r- Jack Kubota L Woodside Kubota & Assoc. P.O. Box 1095 Carlsbad, CA 92008 San Marcos County Water Diet 788 San Marcos Blvd. San Marcos, CA 92069 TO BE RJ1ED: E- Dr. Robert Crawford, Supt, Carlsbad Unified School Diet, 801 Pine Ave. Carlsbad, CA 92008 r--i Bill Berrier, Supt. San Dieguito Union School Diet. 2151 Newcastle Ave. Cardiff, CA 92007 Donald Lidstrom, Supt, Encinitas Elementary School Dist. 185 Union Street Encinitas, CA 92024 John R. Philp, M.D. Li Director of Public Health 1600 Pacific Hwy. San Diego, CA 92101 Al William Hollingsworth Manager Olivenheim Municipal Water Dist. 1966 Olivenheim Rd. Encinitas, CA 92024 n Dr. Ralph Kellogg, Supt. San Marcos Unified School Dist. 274 San Marcos Blvd. San Marcos, CA 92069 E Postmaster City of Carlsbad - Carlsbad, CA 92008 Water Quality Control Bd. 17 6154 Mission Gorge Road Suite 205 San Diego, CA 92120 Attn: Arthur Coe, Charlene Dennis, or Peter Silva WATER DEPARTMENT FIRE DEPARTMENT UTILITIES DEPARTMENT rn PARKS & RECREATION DEPARTMENT BUILDING DEPARTMENT ENGINEERING DEPARTMENT Eli _-_-- Form Planni.ngS3 Bruce Warren, Executive Dir. L San Diego Coast Reg. Comm. 6154 Mission Gorge Rd. Suite 220 San Diego, CA 92120 Mr. R. L. Brown, Jr. San Diego Flood Control Diet. 55555 Overland Drive San Diego, CA 92123 Li Edwin J. Heimlich Federal Housing Admin. P.O. Box 2648 San Diego, CA 92112 [j North County Transit District P.O Box 1998 Oceanside, CA 92054 c/o Paul Price 17 T. C. Martin Programs & Budget Engineer State of California Dept. of Transport. District 11 P.O. Box 81406 San Diego, CA 92138. FOR INFORMATION E] San Diego Gas & Electric 101 Ash Street Don Brown Carlsbad Chamber of Mailing: P.O. Box 1831 Commerce San Diego, CA 92112 Elm Avenue Carlsbad, -CA 92008 Telephone Co. LI Pacific Right-of-Way Dept. 4838 Ronsons Court Bruce Eliason Li Dept. of Fish & Game San Diego, CA 92111 350 Golden Shore Long Beach, CA 90802 Div. of Real Est. LI California 107 S. Broadway, Room 8107 Los Angeles, CA 90012 J. Dekema Dist. Dir. of Trans. P.O. Box 81405 CITY PERSONNEL San Diego, CA 92138 I. 1. 4- /1 ILl / Ito 7: N ) I .52 AC O GARFIELD 86 :59U L iN11I1FIIII MI •a.....i. I •1 97 .-: !. 76Ø77 OCEAN 893 740179, - 2 9J 7 ®8B87 ) 8g®a3®84 141. 23j 24 1 25 1 2.J.Z~I PACIFIC OCEAN V-aq5 61 TEñeFQDS FPlan .\/_pC Date Rec'd 1p/417Cf DCC Date: _PC Date Jjj/.71 tion of Recruest: Vi fl5U Fthñ 2 sErSS or Location of Request:T__ ,\V* 4 jJ t: PAVF. Arch. J-( egal: LO 7_lW QJ H i2 Book:-_Page:L40 Parcel: OlD Plan Land Use Description- I PDiTlAL_ Existing Zone:' • • Proposed Zone: Acres:No. of Lots: _.Dii's DU/Acre. School • Water District:CI1'/ A1SD Sanitation District:rp/ Coast Permit Area: • • .0 C-.. ... 300' RADIUS MAP For: Dave Easterbrooks 715 Mission Ave. Oceanside, Ca. 92054 CARLSBW 13LV' 7 4 Cl I /. - I OCEAN - - -- -- - b4 --- PACIFIC OOTICE OF PUBLIC HEARING V-295 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 7:00P.M. on Wednesday1 November 28, 1979, to consider a variance to reduce required front and side yard setbacks on property generally located on the west side of Ocean Street, between Beech Avenue and Del Mar Avenue, and more particularly described as: Lot 7 in Block A of the Hayes Land Company addition to the City of Carlsbad, County of San Diego, Map No. 2, according to Map No. 1221, filed in the Office of the County Recorder November 4, 1909.. Those persons wishing to speak on this subject are cordially invited to attend the meeting. If you have any questions, please call 729-1181 and ask for the Planning Department. APPLICANT: Dave Easterbrooks, Jr. PUBLISH: November 17, 1979 CITY OF CARLSBAD PLANNING COMMISSION . LO I N GARFIELD . V 11- . •• _____ _____ -. r8gi L r O @ 393B92 9i9O L®83B78 • . . 7 75® IT.:... 84(a) 78 00 Q~) r4 0 61 141. •rni' OCEAN • . ry II A 140 1 P6R'A •I/-2 . f 16h7 JO 2021 itt I I -1 It - - - t-- -------------- --- - --, . - : •• 22 23 24 25 Z-3 27 26 ZQ • •.•• .. PA C IFIC -- OC E AN •v-aq 5 • rnoocs t 9 Carlsbad 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, s. 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. I am principal clerk of the printer of the Carlsbad Journal a newspaper of general circulation, 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 and published at regular intervals in the said City of Carlsbad, County of San Diego, Stateof California, for a period exceeding one year next preceding the date of publication of the NOrIc$ OF PU13LIC notice hereinafter referred to; and that the notice HEARING " of which the annexed is a printed copy, has been published in each regular and entire issue of said NOTICE IS HEREBY GIVEN that tltç Planning Commission of the-City of newspaper and not in any supplement thereof on Carlsbad will hold'a public-hearing at 1... II the City Council Chsmbejs, 1200 Elm the following owing a+ es,to-wit: Avenue, Carlsb'd, Callf9rnia at 7:00 'PM oi Wednesday, November28, 1979, to consider. a' variance to redon re- quired front 2nd side.yard setbacks on property generll'1ocsted on the west lT 4 7 PY'.m.....I 19 . . / .................. side of Ocean. Street, between Deech Avenue and Del Star Avenue, and more 1-particularly described as: - Lot -7 in Block A of the Hayes Land Company addition to the City of Cans- 19 bad, County of San Diego Map No. 2, according to Map No. 1221, tiled in, the Office of the County 'Recorder November A, 1909. Those persons wishing to speak on this subject are tordially invitedto at- ig etg.Iyou have anyques- tsons, please call 729-1181- and ask tos the Planning Department,' Applicant: DAVE EAsTBltBRQolf;fl ', .................................19.... cFtARtSAD -, PLANNING COTdISSION CJ S604: November 17, 1979 - ........................19.... 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 1 7th day of Nov ember 1979 L // . / Clerk of the Printer 2M/5-79 0 4-k MEMORANDUM DATE: December 12, 1979 TO: Planning Commission FROM: Planning Department SUBJECT: V-295, EASTERBROOKS DISCUSSION On November 28, 1979, the Planning Commission heard the applicant's request for a variance to permit a reduction in the required front and side yard setbacks. Staff recommended approval of the side yard variance. In addition,, staff recommended that the Commission approve a reduced front yard setback to zero feet based on the new property line created upon a five foot dedication for street improvement purposes. The applicant expressed concern regarding the effect of the required dedication on his loan. Therefore, the Planning Commission continued this item to tonight's meeting in order to provide the applicant with additional time to study this issue. The applicant has been in touch with City staff, but it is not known whether or not the issue has been resolved. Conditidns 1) This approval is granted for that property described in the application V-295; and development shall occur substantially as indicated on Exhibit A & B, dated October 4 1 1979, (on file in the Planning Department), except for modifications required herein. 2) The applicant shall agree to dedicate to the City a 5 foot wide strip of land, running the length of the property along Ocean Street, prior to the issuance of building permits. Said land shall be free of all liens and encumbrances. 3) The applicant shall enter into a lien contract for full half street improvements, --1ie issuance of a building permit. 4) The permitted zero foot front yard setback shall be measured from the new property line created upon the 5 foot dedication required in Condition No. 2. 5) Prior to issuance of building permits, the applicant shall pay a public facility fee as established in City Council Policy No. 17. This approval is expressly conditioned that the applicant shall enter into a secured agreement with the City for the payment of this fee prior to approval.of the resolution for this project by the Planning Commission. Exhibits Exhibits A & B dated October 4, 1979 Location Map BM:ar 11/21/79 L., V S L T2 get' ii (o_U_?cj ( PROJECT REVIEW DATE: TO: FROM: Plhing Departmen t-,-City of Carlsbad RE: CASE NO DCC APPLICATION REVIEW: rj1979 DCC FINAL REVIEW:JQQ~J7 Please comment below and return. For further information call the Planning Department at 729-1181, extension 25. ISSUES: Pt2 T1t *V & i#r 7 ç ic i* /LC5 iioJl)2e t_AA-r 1-4(iT E1 M Ci W- T7 Ape 4L?7t. jiri ,cPpc-(CAN-rS f'c& cc ,,ae'1' ,4c17a.1yJ' CLI OCci 9i7L M40E 90I1 (O tofc,rr7E APpo#t4L - Z-1G+-r—OF --lil,4/ •9 AT te45-r / (5f dZfP$C) '7 40" (S 5o 7LL/ -EL pfo1 9(1 - - tJ((;cI I& pco#'11 FL/P9 '3 1ON9 14Q,4iI F4f/1 7'44) A-b4/ CEiE Z j44I$ " LA"P (S ,Qd4ec? COMMENTS: i . DAT TO I I:. PROJECT REVIEW OCT 26 1979 CITY OF CARLSBAD n rig Dcprtment FROM: Planning Department, City or ear±sDaa RE CASE NO.: RE-QUEST: tT /AFt DCC APPLICATION Please comment below and return. For further information call the Planning Department at 729-1181, extension 25. ISSUES: ) c- Th4i 4T, 9g1 }yz (i;_) W7 TWV 2- Rkr "I / COMMENTS: ' tc'1f2 2tJ _VA- rjcc- Z_ (:;i /279 1 _ •0 0 PROJECT REVIEW DATE: E51 71 TO:J FROM: Planning Department, City of Carlsbad CASE NO. REQUEST: DCC APPLICATION REVIEW:Jthjl9 DCC FINAL 19 Please comment below and return. For further information call the Planning Department at 729-1181, extension 25. ISSUES: A- -i Ii 11 c5Ø 9 7 () V4P4C o'/Ie Ri- AA11 L-z C,14 —I 1 ATic'-I ' • () \jJ2 COMMENTS: £ PROJECT REVIEW TO: FROM: Planning Department, City of Carlsbad RE: CASE NO.: DCC APPLICATION REVIEW: (J' DCC FINAL L4QLV, 4 Please comment below and return. For further information call the Planning Department at 729-1181, extension 25. ISSUES: (1) J i11 1ts' - T1h H cWk- A f-ii 1T 7 (i t rn ?ti 4P2 'i'2e mi- A21M '" COMMENTS: - - "- -,_-•, * 1200 ELM AVENUE •• TELEPHONE: CARLSBAD, CALIFORNIA 92008 (714)729-1181 Citp of Cad5bab DATE: .December 26,. 1979 T0: . John Helm (Agent) (Applicant) SUBJECT: NOTICE OF INCOMPLETE APPLICATION, CASE NO: V295 We have reviewed your application and have determined that it is not complete. Before processing your application, we need the following information:. Letter of school availability from the Carlsbad Unified School District. . . If this information is received by Nov. 2, 1979, this item - (Date) will be placed on the November 28, 1979 , Planning Commission (Date) Agenda. If you have any questions, please call me at 729-1181, extension 25. Sincerely, W/O" PLANN5 DEPARTMENT KJL/ar 4/4/79 . S 0 ANGUS J. DE PINTO, M.D. SUITE 130 PATIO C 550 WEST THOMAS ROAD PHOENIX, ARIZONA 85013 OBSTETRICS AND GYNECOLOGY November 19, 1979 City Of Carlsbad Planning Commission 1200 Elm Avenue Carlsbad, California 92008 RECEIVED NOV 201979 F CARLSBAD 1.crnng Department Gentlemen: I am completely in favor of a variance to reduce the front and side yard setbacks on the lots on the west side of Ocean Street. It is practically impossible to build on a lot 15 feet wide. - If this is changed I can go ahead with building. I am the owner of Lot 19 of Block A of the Hayes Land addition. Please enter this letter in your file regarding the application of Dave Easterbrooks Jr., which will be discussed on Wednesday, November 28th, 1979. /) Øigus J. èPinto, N. D. AJDP:ma 2 ©1©J J hii©©fl 301 pine avenue carlsbad,california 92006 729-9291 November 2, 1979 Reference: John Helm Proposed Variance 2623 Ocean Street Mr. Jerry Rombotis, Chairman and Members of the Planning Commission City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Attention: Mr. James C. Hagaman, City Planning Director Gentlemen: Our district has reviewed the proposed variance change regarding setback on the lot located at 2623 Ocean Street as referenced above and has evaluated the impact of that development on the facilities of our district. We under- stand that an existing house will be removed from the property and a new one will be built in its place. The governing board wishes to advise the city officials and the residents of Carlsbad that as residential units are added to the community, it is likely that many classes in the district will be crowded, resulting in possible impairment to the educational and transportational services offered to the students. It is also likely that school schedules may have to be changed, resulting in an increase in the year-round school program, or double sessions, or both. 'However, the district is able to assure you that school physical facilities will be available concurrent with need for this development as it is presently proposed. Very truly yours, ' Robert A ford District Superintendent aw cc John Helm ROBERT A. CRAWFORD BOARD OF EDUCATION THOMAS I.. CURTIN, M.D. W. ALLAN KELLY JOHN J. MAMAUX RICHARD R. O'NEIL, M.D. MARY A. SCHERR DISTRICT SUPERINTENDENT . 0 STAFF REPORT DATE: November 28, 1979 TO: Planning Commission FROM: Planning Department SUBJECT: V-295, Variance to reduce the required front and side yard setbacks to 2.5' and 3' respectively at 2623 Ocean Street. APPLICANT: Easterbrooks I. BACKGROUND Location'and Description of Property The subject property consists of a 25'x140' (3500 square foot) lot located on the west side of Ocean Street, approximately 150 feet south of Cypress Avenue. The proposed single-family dwelling follows the topography of the site and thus will be constructed on two levels, stepping down approximately 9' toward the west. The western most portion of the lot slopes down to the beach and will be left undeveloped. There is an existing single-family dwelling on the property. Exisirig Zoning Subject Property: R-3 North: R-3 South: R-3 East: R-3 West: Beach Existing Land Use Subject Property: Single-family residence (SFR) North: SFR South: SFR East: Vacant West: Beach General Plan Information a) Land Use: The Land Use Element of the City's current general plan designates the subject property for high density residential development. The project is consistent with this designation. b) Public Facilities Sewr Service: The City Engineer has established that the subject property is currently served by one residential sewer hookup. This is adequate to serve the property. . S Schools: The project is located within the Carlsbad Unified School District. This district has indicated that school facilities will be available concurrent with need for this development. Gas and Electric Service: SDG&E provides gas and electirc service to the property. Water Service: The City of Carlsbad is responsible for supplying water to the site. On-site and Adjacent Public Improvements: All necessary 5ñ-site and adjacent public improvements can be required as per the City's public improvement ordinance, or as condition of approval. 'Other Public Facilities: All other public facilities inecessary to serve this project will not be available concurrent with need. The Planning Commission may, by inclusion of an appropriate condition, require that the project contribute to the costs of such facilities according to City Council Policy No. 17. Since the development would pay for its appropriate share of the public facilities it would require, the Planning Commission could be assured that the requirements of the public facilities element of the General Plan would be satisfied. c) 'Other General Plan Elements: The project is consistent with all other elements of the City's General Plan. Environmental Iinpac't Information The proposed variance is exempt from the Carlsbad Environmental Protection Ordinance. Specifically, Section 19.04.090(C) (4) exempts minor side yard and setback variances not resulting in the creation of any new parcel or in any change in land use or density. History 'and Related Cases V-2'33 (Bryant; Planning Commission Resolution No. 1093). On September 10, 1974, the Planning Commission approved a front yard setback variance for a garage extension on a 25 1 x140' lot located on the west side of Ocean Street south of Beech (2731 Ocean Street). The variance allowed a reduction from the required 20 feet front yard setback to a zero ft. setbacks Although staff was recommending denial, the Planning Commission approved the variance finding that the lot's width and size precludes the owner's use of the property in a manner similar to others. Staff based their recommendation or denial on the fact for the years from 1956 to 1967, no front yard variances less than 5' were approved. -2- . S V-267, (Meadows; Planning Commission Resolution No. 1318) On January 26, 1977, the Planning Commission approved a variance for reduced setbacks allowing the encroachment of parking into the front and side yards. Specifically, the parking for a proposed four unit building, located on a 60 foot wide lot on the west side of Ocean Street (3093 Ocean), was permitted to encroach to within 4 feet of the front yard setback and zero feet of the side yard setback. Findings of approval stated that: extraordinary circumstances exist due to a limited amount of usable area for parking and that a number of similar variances have been granted for projects along Ocean Street. V-276, (Zipser; Planning Commission Resolution No. 1438) The Planning Commission approved (on March 22, 1978), a variance which reduced the required side yard setback from 7.5 feet (10% of the lot width) to 5 feet in order to allow the construction of two garages. The property is located on the west side of Ocean Street, north of Pacific Avenue. The Planning Commission approved the project based on findings that other similar variances had been granted, that the property had limited area for vehicular parking, and that the remaining setbacks would provide adequate emergency access. V-285, (Craig; Planning Commission Resolution No. 1476) This variance was approved by the Planning Commission on October 11, 1978. It affected the property at 3093 Ocean Street, which is the same site on which V-267 (Meadows) was approved. However, the applicant found that the plans approved under V-267 did not correctly reflect the property line along Ocean Street, thus the applicant had to revise the plans (reducing the number of units from four to three) and reapply for essentially the same variance (reduced front and side yard setbacks for parking). V-290, (Zipser, Approved by the City Council November 6, 1979) The City Council approved a request for a variance from the parking and storage space requirement of the Condominium Ordinance. This variance was necessary in order to allow the conversion of an existing tri-plex (constructed in conjunction with V-296) to condominium units. The principal reason the applicant requested the parking variance was due to the fact that the Engineering Department required a 5 foot dedication for street widening along Ocean Street. It should be noted that the Engineering Department also required a 6 foot dedication from the property directly across the street from the site. II. Major Planning Considerations 1) Are there exceptional or extraordinary circumstances applicable to the property which give cause to the variance? -3- U 2) Is the variance necessary for the presentation of a substantial property right? 3) Would the variance adversely affect surrounding property by creating hazardous conditions or impeding emergency access? 4) Would the variance affect the future improvements along Ocean Avenue? III. DISCUSSION The proposed project involves a request for a variance from the front and side yard setback requirements in the R-3 zone. The subject property is a 25 foot wide, bluff-top lot located on the west side of Ocean Avenue. Specifically, the request is to reduce the front yard setback from 20 feet to 2.5 feet, and the sideyard setback, from 5 feet to 3 feet. The variance is desired in order to allow the construction of a three level (30 feet) 3,459 square foot single-family residence. The applicant has indicated that the Coastal Commission will not allow the proposed residence to extend any further west than the western most portion of any adjacent residences (string-line method). An existing residence on the site would be removed. The applicant has stated that the existing residence does not observe a front yard setback, and has sideyard setbacks of only 3 feet. Along Ocean Avenue, the lots range in width from 25 to 75 feet. As indicated in the History Section, variances have been granted for both front and side yard setbacks, primarily due to the limited buildable area on these lots. However, also :as previously mentioned, the Engineering Department has required a dedication of land from properties along Ocean Avenue for street widening purposes. In the case of the subject proposal, the Fire Department has reviewed the plans and finds the variances acceptable. Specifically, the property is within a Fire Zone II which requires special building permits in order to lessen fire threat from one property to another. This is primarily due to the narrow lots and, in many cases, reduced side yards. The Fire Department feels that the proposed variances would not create any potential safety problems, and that adequate emergency access to the structure will be provided. However, the Engineering Department is recommending that the applicant be required to dedicate a 5 foot wide strip of land along Ocean Street for the eventual widening of this street. Presently, the existing right-of-way along this portion of Ocean Street is 40 feet, which is substantially less than the design standard of 60. The Engineering Department feels that a minimum right-of-way of 50 feet is acceptable. Therefore, staff is recommending against -4- . the front yard variance and, as a condition of approval of the side yard variance, recommending that the applicant be required to make a 5 foot dedication along Ocean Street. The Engineering Department has indicated that the future widening of Ocean Street would in most probability, result in an actual street width of 32 or 40 feet. This would create a buffer between the curb and new property line of either 9 or 5 feet. In either case, staff feels that the proposed residence could be allowed to build up to the new property line and yet still have an adequate buffer between the street and residence for safety purposes. At the same time, this buffer would be small enough to dissuade vehicular parking in front of the garage which might encroach into the street. Staff is therefore recommending that, in addition to the requested side yard variance, the Commission approve a variance reducing the required 20 ft. front yard setback to zero feet, as measured from the new property line created upon the 5 foot dedication. IV. Recrnnlendation Staff recommends that the Planning Commission DENY the applicant's request for a variance permitting a 2.5 foot front yard setback, and—APPROVE the request for a variance reducing the side yard setbacks to 3 feet. In addition, staff recommends that the Planning Commission APPROVE a reduction in the required front yard and setback to zero ft, as measured from the new propertly line created upon the dedication of a 5 foot wide strip of land along Ocean Street. Findings 1) There are exceptional or extraordinary circumstances applicable to the subject property that do not apply generally to the other property in the same vicinity since the lot is of a substandard width, which along with the required 5 foot dedication, reduces the buildable area and necessitates the front and side yard variances. 2) The 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 since other property in the immediate area have additional lot area available for building or, have either been granted set variances or have been previously developed with residences which do not meet current R-3 setback requirements. 3) The granting of the variances will not be materially detrimental to the public welfare or injurious to the property on improvements in the vicinity in which the property is located since: -5- a) The area has been established as a Fire Zone II which necessitates special building practices in order to reduce fire potential; b) The variances would not interfere with emergency access or the circulation of light and air to the property; c) An adequate buffer between the street and residence will be provided in order to reduce any potential traffic safety problems. 4) The granting of this variance will not adversely affect the City's Comprehensive General Plan since: a) The project is consistent with the underlying landuse designation. b) At this time, the Planning Commission is not prepared to find that all other public facilities necessary to serve the project will be available concurrent with need. The Planning Commission has, by inclusion of an appropriate condition, required that the project contribute to the costs of such facilities. Since the development will pay its proportionate share of the public facilities which it will require, the Planning Commission is satisfied that the requirements of the public facilities element of the general plan have been satisfied. c) The project is consistent with all other elements of the City's General Plan. 5) The project will not result in any significant adverse environmental impacts since it is categorically exempt from the Carlsbad Environmental Protection Ordinance as per Section 19.04.090(c)4. Conditions 1) This approval is granted for that property described in the application V-295; and development shall occur substantially as indicated on Exhibit A & B, dated October 4, 1979, (on file in the Planning Department), except for modifications required herein. 2) The applicant shall agree to dedicate to the City a 5 foot wide strip of land, running the length of the property along Ocean Street, prior to the issuance of building permits. Said land shall be free of all liens and encumbrances. 3) The applicant shall enter into a lien contract for full half street improvements, prior to the issuance of a building permit. . S 4) The permitted zero foot front yard setback shall be measured from the new property line created upon the 5 foot dedication required in Condition No. 2. 5) Prior to issuance of building permits, the applicant shall pay a public facility fee as established in City Council Policy No. 17. This approval is expressly conditioned that the applicant shall enter into a secured agreement with the City for the payment of this fee prior to approval of the resolution for this project by the Planning Commission. Exhibits Exhibits A & B dated October 4, 1979 Location Map BM: ar 11/21/79 -7- PLANNING COMMISSION RESOLUTION NO. 1586 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA. APPROVING A VARIANCE TO REDUCE THE REQUIRED FRONT YARD AND SIDE YARD SETBACKS TO 2.51 AND 31 RESPECTIVELY AT 2623 OCEAN STREET. CASE NO: V-295 APPLICANT: EASTERBROOKS WHEREAS, a verified application for certain property, to Lot 7 in Block A of the Hayes Land Company addition to the City of Carlsbad, County of San Diego, Map No. 2, according to Map No. 1221, filed in the Office of the County Recorder November 4, 1909 2 3 4 5 6 7 • wit: 8 I J.. 11 has been filed with the City of Carlsbad and referred to the 121 I Planning Commission; and 13! WHEREAS, the Planning Commission did on the 12th day of 14 I December, 1979, hold a duly noticed public hearing as prescribed 15 by law to consider said request; and 16 WHEREAS, the City of Carlsbad has determined V-295 to 17 be consistent with the City of Carlsbad's Environmental Protection 18 Ordinance because it is categorically exempt from review according 19 to Section 19.04.090(c) (4) which exempts minor side yard and 20 setback variances not resulting in the creation of any new parcel 21 or in any change of land use or density; and 22! WHEREAS, at said public hearing, upon hearing and considering 23 11 the testimony and arguments, if any, of all persons who desired 24! to be heard, said Commission considered all factors relating to 25 the Variance (V-295), and found the following facts and reasons 26 to exist: 27 Findings 28 1) There are exceptional or extraordinary circumstances 2.4 15 16 17 18 10, - . .1 applicable to the subject property that do, not apply generally to the other property in the same viciiity since 'the lot is of a substandard width, which along with the, required 5 foot dedication, reduces the buildable area and necessitates the front and side yard variances. 2) The 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 propery in question since other property in the immediate area have additional lot area available for building or, have either been granted set variances or have been previously developed with residences which do not meet current R-3 setback requirements. 3) The granting of the.variances will not be materially detrimental to the public welfare or injurious to the property on improvements in the vicinity in which the property is located since: a) The area has been established as a Fire Zone II which necessitates special building practices in order to reduce fire potential. b) The variances would not interfere with emergency access or the circulation of light and air to the property. c) An adequate buffer between the Street and residence will be provided in order to reduOe any potential traffic safety problems. 4) The granting of this variance will not adversely affect the City's Comprehensive General Plan since: a) The project is consistent with the underlying landuse designation. b) At this time, the Planning Commission is not prepared to find that all other public facilities necessary to serve the project will be available concurrent with need. The Planning Commission has, by inclusion of an appropriate condition, required that the project contribute to the costs of such facilities. Since the development will pay its proportionate share of the public facilities which it will require, the Planning Commission is satisfied that the requirements of the public facilities element of the general plan have been satisfied. c) The project is consistent with all other elements of the City's General Plan. xxx P.C. Resolution No. 1586 .2 } . I! 2 3 4 5 6 7 10 1]. 12 13 20 2]. •22 23 24 25 26 27 28 5) The project will not result in any significant adverse environmental impact since it is categorically exempt from the Carlsbad Environmental Protection Ordinance as per Section 19.04.090(c)(4). WHEREAS, the Planning Commission, by the following vote, approved V-295 subject to certain conditions: Conditions 1) Approval is granted for V-295 as shown on Planning Corumissi Exhibits "A" and "3" to V-95 dated 10/4/79, on file in the Planning Department and incorporated by reference. Development shaii occur substantially as shown on these exhibits unless otherwise noted in these conditions. 2) The applicant shall agree to dedicate to the City a 5 foot wide strip of land, running the length of the property along Ocean Street, prior to the issuance of building permi Said land shall be free of all liens and encumbrances. 3) The applicant shall enter into a lien contract for full half street improvements, prior to the issuance of a building permit. 4) The permitted zero foot front yard setback shall be measured from the new property line created upon the 5 foot dedication required in Condition No. 2. 5) Prior to issuance of building permits, the applicant shall pay a public facility fee as established in City Council Policy No. 17. This approval is expressly conditioned that the applicant shall enter into a secured agreement with the City for the payment of this fee prior to approval of the resolution for this project by the Planning Commission. AYES: Schick, Rombotis, Fose, Leeds, .Marcus and Larson. ABSENT: Friestedt NOW, THEREFORE, BE IT HEREBY RESOLVED, that the above recitations are true and correct. b EDWIN S. SCHICK, JR. CARLSBAD PLANNING CO! S SI ON ATTEST: C. HA'GAM7N1 Secretary BAD PL½.NNING .C)MMISSION P. C. Resolution No. 1586 3. 2 'i 4 5 C 7 8 10 1]. 12 13 14 15 16 17 18 1 19 20 2]. 22 23 24 25 26 27 28 40 STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) . 2 CITY OF CARLSBAD ) 3 4 I, JAMES C. HAGAMAN, Secretary to the Planning Commission .5 of the City of 1sbad, California, do hereby certify that the 6 foregoing resolution was duly introduced, approved and adopted by 7 the Planning Commission of the City of Carlsbad at a regular 8 9 meeting of said Commission held on the 13th day of February, 1980, 10. by the following roll call vote: AYES: Schick, Rombotis, Jose, Leeds, Marcus, and Larson' 1]. and Friestedt NOES: None 12 ABSTAIN: None 13 ABSENT: None 14 15 16 17 18 '- . Secretary CARLSBAD COMMISSION 19 20 V-295, Easterbrooks 21 22 23 24 25 26 27 28 P.C. Resolution No. 1586 .4