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Home My WebLink AboutV 297; JEREZ CO; Variance (V)- -; Receipt No. APPLICATION NO. VARIANCE CITY OF CARLSBAD (Please Type or Print) Date: Id- 1. REQUEST: Variance to i0 6)(B (i5HeflTij3iain and indicate section of Zone (QvwebrJ 6v? /W6 ,vt4 /O/ I V'T7 b nahefected) 2. LOCATION: The subject property is generally located on the /side of 1)— between 7i and n/U W / 30 ASSESSOR'S NUMBER: Book (G Pge Parcel Book Parcel (If more, please list on bottom of this page). 4. OWNER(S): Name Address City Zip Phone 3 GY24)— mP/y (0 5. PERSON RESPONSIBLE FOR PREPARATION OF APPLICATION: • Name - Address Ci t y Zjp Phone - 60 APPLICANT'S SIGNATURE: I hereby declare that all information contained -within this application is true; and that all standard conditions, as indicated on the attachment have been read, understood and agreed to. Name Address City Zp_ Phone_ - 9 0 e3 J APt '77-t P( / • Representing (Company or Corporation) Relationship to Property Owner(s ) 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 27 Preparation Check List - Planning 32 • • Procedures — Planning 36 Date of Planning Commission Approval - FORM: Pl anning 5 6/11/79 I. I) SUPPLEMENTAL INFORMATION FORM VARIANCE /1j W177" 1) Gross Acres (or square footage, if less than acre) PT- 2) Zone 'Je DM 3) General Plan Land Use Desicnation 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: Pp)2-116 'tJ çeff) v i3e4p/,et V 01 1T11 C65S 5T1?4I -J),e/47 h ie V t44t C 7D -o W 4401 6' J P c'A'/ 7 -. /-rf o L4W4(1' 1 2 1) :'j /?-$r5 ç ed 1tj ?(Jr TJ L(o 47 R 01 ,wk'-y ,J-z'c-O 3 14-v VPi e C-s'- /U(pS- IV ( #%) 4/4— / t9(J fl4 V11 6 65 m,Je%r q4-7.L ,4fr2fr )4,4Af ',4!ó'. 71J ( /S1- 3- S 78IR/ f'W. b) Explain why such variance is necessary fo 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: T1G7L4 I cJPd)'Vr1 f .'b't4 iiS ST1M1' HJF Svc- v j ft-4 55 c ma'rk- oP S rT VWt? - sm —W, e (. VIc1 C)/ /i2 r p7/J '(/V6 1O ,€ ô i 'L7— , —r7M () 4., /) c- • 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: ,t/TLC'W *M'767 ' OP V I1 011 i/ //! / ,qt?J 7j,qrr/ C)A /d'-/ F:vJ , ,2 ivc c - ,' ë- F ,f7j' ,'m-' 1-167 (I U A1i,zb s-7 IJ d) Explain why the grantinq of such variance will not adversely affect the comprehensive general plan: 4o c3Fcie_c7ThY,1J c -ø4' e_AiM 44 7 / A" 6011-5/r (77'J / - -U Ad-Ill FORM Planning 23 Data of Planning Commission Approval ________ H Ben & Bernice Ogron 7532 Jerez Court Carlsbad, Ca. 92005 t. Earl & Ethel Brookover P. 0. Box 917 Garden City, Kansas 67846 Susan Rizza & Norman & Norma Zall Raymond & Elizabeth Wolinski 7563 Gibraltar St. 7530 Jerez Court Carlsbad, Ca. 92008 Carlsbad, Ca. 92008 1: Paul & Alice Dart Robert & Miriam Kohn 1222 Ridgewood " P.O. Box 590 Garden City, Kansas 67846 11 Warwick,-R. I. 02888 Mervin & Carmen Wolf t Dale & Thelma Elkins 7530 Jerez Court -j c/o Denis Hobson Carlsbad, Ca. 92008 ' 7626 Calle Madero Carlsbad, Ca. 92008 Fred & Helena Levine John Raczka 29186' Lancaster Drive : 2365 Mira Sol Southfield, Missouri 48034 : Vista, Ca. 92083 J William & Marilyn Henneberg 1 ; Dale & Thelma Elkins 7565 Gibraltar St. ' 0/0 Denis Hobson Carlsbad, Ca 92008 7626 Calle Madero James & Mildred Dane 6907 Keynote St. Long Beach, Ca. 90808 . Carlsbad, Ca. 92005 Dale & Thelma Elkins C/o Denis Hobson 7626 Calle I1adero Carlsbad, Ca. 92008 Ira Noddy 9465 Wilshire Blvd. Suite 820 Beverly Hills, Ca. 90212 • Roy & Doris Skrifvars 7565 Gibraltar St. Carlsbad, Ca. 92008 Waynne Nalcaji 7563 Gibraltar St. Carlsbad, Ca. 92008 Lester B. Turner Jr. • 1920 Magdalene Way San Diego, Ca. 92110 i Lester B. Turner 1920 Magdalene Way San Diego, Ca. 92110 L fi CS7 rJ o co. CoSi7 ,'221-,e , OC Harry & Barbara Rose 7563 Gibraltar St. Carlsbad, Ca. 92008 -• ,7,, Ferrel & Grace Rosenberg ' 13101 Edwards St. L 7526 Jerez Court 10 Greenview Carlsbad, Ca. 92008 p 'estministe, Ca. 90283 ar1sbad, Ca. 92008 0 Nu-Way Investments 4360 W,Fourth St. R.H. Rewoldt . Robert & Vivian Wilkinson P. 0. Box 155 . 7526 Jreez Court Los Angeles, Ca. 90020 Tiburon, Ca. 94920 .i Carlsbad, Ca. 92008 Nicholas& Válentina La Forte i Edward & Carolyn Haney Lyman & Betty Blakesley Garry & Loraine Clampitt 5920 Pacific Coast Hwy 1557 Orangev ew P.O. Box 115 i ..-,Redondo Beach, Ca.. 90277 Encinitas, Ca. 92024 Cardiff, Ca. 92007 0 1- • Gerald Sullivan Henry & Ann Rusheen 1:- ' -•---------- 00 ------- Ralph & Stephanie Fratta 8530 Gallatin Road . 11559 Dona Evita Drive 7526 Jerez Court Downey, Ca. 90240 Studio City, Ca. 91604 Ca. 92008 00__00 • Ozzie Chitz Ian - 8011 Forecastr:Nortgage Corp. Raymond & Elizabeth: Wolinski Arholido Drive . 440 N. Garey Ave. . 7526 Jerez Court Fullerton, Ca 92635 Pomona, Ca 91767 Carlsbad, Ca. 92008 La Costa Vista Ltd. C/o Futura Properties Devl. R, H. Rewoldt . Carl & Catherine Dane 7755 Fay Ave. . P. 0. Box 155 . Tiburon, Ca. 94920 11.321 Kensington Road Suite 1 Los Alamitos', Ca. 90720 La Jolla, Ca. 92037 James & Denise Frame R. H. Rwo1dt uis & Claire Finks 7559 Gibraltar St. P. 0. Box 155 - ...... 7528 Jerez Court Carlsbad, Ca. 92008 Tiburon, Ca. 94920 ;. Carlsbad, Ca. 92008 James & Denise Frame 4060 30th St. )j Frank & Frances Corridon . Leonard & Karen HarvIlle -San Diego, Ca. 92104 7559 Gibraltar St. . Rancho La C&sta, Ca. 92008 . 7528 Jerez Court Carlsbad, Ca. 92008 Tak Saisho 7559 Gibraltar St. Dorothy Lehman . Thomas & Marion Williams Rancho La Costa, Ca. 92008 . 7559 Gibraltar St. Rancho La Costa, Ca. 92008 . 7532 Jerez Court Carlsbad, Ca. 92008 James Vangelis . P.O. Box 1162 Harry Forges 6333 W. 6th St. Harry & Barbara Rose Del Max, Ca. 92014 - Los Angeles, Ca. 90048 0 7563 Gibraltar St. Carlsbad, Ca. 92008 0 -•; 0• Richard & Joyce Goeckner Bernice Michael Mark & Benda Rosen 20153 Adele Drive Sharyn Faltin 7532-Jerez Court Woodland. Hills, Ca. 91364 7559 Gibraltar St. Carlsbad, Ca, 8 Carlsbad, Ca. 92008 CY7-L7/CPD JEE1 CASE No -7gr7/aoDate Recd C3/51j(3 DCC Date: J 1/0 / PC DatejQ±a Description of Request: T 1TTV APAE JJP,J\i1fT,DY-t. (4D/7 PPM1T Address or Location of Request: sT Applicant: jp.z ca Engr. or Arch. Brief Legal: L3 () L 7517. SDLTh Li1JrY t4). PS 1 J1 m- 1 rtY )Ff iT r flfla, Assessor Book: Page: Parcel: General Plan Land. Use Description: p}4 _ Existing Zone: . Proposed Zone:f- H Acres: .y'7 No. of Lots: _DUS 5_-DU/Acre5.(g School District: cF2VYDL D\f2Tlc-r Water Disttict:Sanitation District:jj -JT Coast Permit Area: : S NOTICE OF PUBLIC HEARING V-297 NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad, will hold a public hearing on Tuesday, February 19, 1980 at 6:00 P.M. in the City Council Chambers, 1200 Elm Avenue, Carlsbad to consider the following: Variance to reduce the required setbacks from the private drive, on property located on the west side of Jerez Court, North of Gibraltar, and described as, "Lot 358, La Costa South, Unit No. 5, in the City of Carlsbad, according to map thereof No. 6600, filed in the office of the County Recorder, March 10, 1970 .!! APPLICANT: JEREZ COMPANY PUBLISH : February 9, 1980 CARLSBAD CITY COUNCIL ICE OF PUBLIC HEARING • V-297 • 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, January 9, 1980, to consider a variance to reduce the required setbacks from the private drive, on property located on the west side of Jerez Court, north of Gibraltar, and more parti- cularly described as: Lot 358 of La Costa South, Unit No. 5, in the City of Carlsbad, according to map thereof No. 6600, filed in the office of the County Recorder, March. 10,. 1970. -Those persons wishing to speak on thissublect are cordially invited to attend the meeting. If you have any questions, please call 438-5591 and ask for the Planning Department APPLICANT:: : Jerez Company • • • .• • • PUBLISH: December 29 1919 . • • - .CITY OF CARLSBAD PLANNING COMMISSION •. ..• j / Cl 77/C2--) Carl bad Journal Decreed A Legal Newspaper by the Superior Court of San Diego County 3088 PlO PICO AVENUE P.O. BOX 248 5 CARLSBAD, CA 92008 S 729-2345 Proof of Publication , i STATE OF CALIFORNIA, 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, State of California, for a period exceeding one year next preceding the date of publication of the NOTICEOF'PtThI4I6 notice hereinafter referred to; and that the notice of which the annexed is a printed copy, has been NOTICEIS'HERIBYGIVNN that the published in each regular and entire issue of said City Council-oftheCitrofCarlsbad, will hold apublic hearing on Tuesday,Feb- newspaper and not in any supplement thereof on ruary 19, 1960, at 6:W P.M. in the Cjty the following dates, to-wit: Council Chambers 1200 Elm Avenue Carlsbad to -consider the following: Variance to-reduce the required set-backs from the private drive, on prop- etty located on the weat side of Jerez Court, North of Gihraltar, and, de- scribed as, Lot 358 La Costa South, Unit No. 5, in the City of'Carlsbad, ac- cording to map thereof Nd. 6600, filed in the office of the County, Recorder, March 10, 1970." Applicant: JEItEZ-COMPANY - CARLSAD CITY COUNCIL CJ S678: February 9, 1960- 19.... 19.... 19.... Febru .19..? 19.... FE B 13 1980 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 9th CITY Q;: C.,U:LSBpd) day of Fpbruarv 1980 Planning D3rtrnent / Clerk of the 'Printer 2M /5-79 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 RECEIVED STATE OF CALIFORNIA, ss. COUNTY OF SAN DIEGO, JAN 3 1980 CITY OF CARLSbr, Planning Depart,t 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, State of California, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to; and that the notice of which the annexed is a printed copy, has been NOTICE OF PUBLIC- . published in each regular and entire issue of said .BEARING newspaper and not in any supplement thereof on V.297 the following dates, to-wit: NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will hold apubliS hearing at the City Council Chambers, 1290 Elm Avenue, Carlsbad, California at 7:00 P.M. on Wednesday, January 9, 1980, to consider a variance to reduce the re-quired setbacks frbm the private-drive, on property located on the west side of Jerez Court, north of Gibraltar, and more particularly deseribedas: Lot 358 of La Costa South, Unit-No. 5, in the City of Carlsbad, according to map thereofNo.6600, tiledin theoffice of the County Recorder, March0, 1970. Those persons wishing to speak on. this subject are cordially invited 'toat- tend the meeting. Ifyor,have any ques- tions, please call 438-5591 and, ask for the Planning Department. Applicgnt: JEREE COMPANY / - CITY OF CARLSBAD - PLANNING COMMISSION CJ S654: December 29.1970, .29 19.79. 19.... 19.... 19.... 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 29th day of December 1979 kFtL Clerk of the Printer 2M/5-79 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, \J V ? 11 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, State of California, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to; and that the notice NOTICE OF PUBLIC HthRING ', of which the annexedisa printed copy, has been '1-207 J published in each regular and entire issue of said NOTICE 'I HEREBY GIVEN that the. newspaper and not in any supplement thereof on Planning Commission of tle-City Of Carlsbad wiliholda public hearing at 4 the following dates, to-wit: the CityrCódncii Chambers 1200 Elm Avenue, Carlsbad, California at 7:00 P.M. on Wednesday, November 28, 1979, to consider a variance to reduce the rh- quiredsetbacks.front the privstedive, ................. 19.39 ..November..1.7 Oft-property located on the west skte OF. Jerez Court, north of Gibraltar, and more particulsly described as: Lot 358 of La Costa South, Unit No. 5, in the City of,Carlsbad, according to, 1 9 map thereof No.dSOO, riled inthe office of the Countyilecorder, March 10,1970. Those 'persons Wishing to speak pn. 'thissubject are cordially invited to at-' tend the'meeting.'If you have any gues-.' ,tiono, please call 729-1181 and ask for 1 9 . the Planning Department .................................. Applicant: JEREZ COMPANY CITY OF CARLSBAD ' PLANNING COMMISSION CJS602: November 17, 1970 - 1 9 . 9.... 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 I 7th day of November -4979 Clerk of the Printer / 2M/5-79 0 .- ~ . EMOPNDUM DATE: February 14, 1980 TO: rfl City Council Members FROM: \p 1 James Hagaman, Planning Director SUBJECT: V-29-7,''358 JEREZ COMPANY The subject variance is similar to a variance recently approved by the City Council on an appeal. That action, V-294, Courtyard Homes, was to permit an intrusion in the building setback required from the driveway also. In that case the units would intrude into the required 10' setback up to 9 feet. The subject variance is a request to intrude into the 10' setback a distance of 51-2 feet. The City Council approved the appeal of V-294 and directed staff to prepare a condominium ordinance amendment that would permit flexibility in setbacks or modify the standards. The amendment is presently being reviewed by staff. In its present form the draft reduces the setback from 10' to 5 1 . Staff's opinion is any development with a 5' or less setback from the driveways would preclude provision of adequate walkways with landscaped buffers, and safe sight distances for pedestrians. The subject variance request of an intrusion of 5½ feet would leave a setback of 4½, or ½' short of the draft ordinance amendment. The City Council may wish to approve this appeal based on past action and the future ordinance amendment in this matter. Staff, however, suggests that any variance of the setback not be greater than 5 feet. BP : ar 2/14/80 RECEIVED 1979 (JJ I 77769ff Oa7 E[afliflg Deparnent S t ISI-4Z (f &) (vs 7r C6 C C.- . . STAFF REPORT DATE: January 9, 1980 TO: Planning Commission FROM: Planning Department RE: V-297 APPLICANT: 358 Jerez Co. REQUEST: Variance to allow reduced setback from driveway as required in Section 21.47.130(1) (B) This variance was heard on November 28, 1979 and was denied. (Planning Commission Resolution No • 1574.) The tract map and condo permit to which the variance applied were heard at the same meeting but were continued to the January 9, 1980 meeting. Since the variance has a direct effect on the approval on denial of tentative map and condo permit, staff would prefer to forward the items to the City Council at the sarnetJrne. Therefore, the vari- ance was noticed to be heard at this meeting. The previous staff report and resolution are attached. AETAQ]NENTS: Loc. Map Staff Report, V-297, November 28, 1979 P.C. Resolution No. 1574 STAFF REPORT DATE': November 28, 1979 TO: Planning Commission FROM: Planning Department SUBJECT: V-297 REQUEST: Variance from Section 21.47.130(l) (B) to reduce the required building setbacks. APPLICANT: 358 Jerez Company BACKGROUND Location and Description of Property The subject property consists of .37 acres on the west side of Jerez Court, north of Gibraltar. The property is flat and is devoid of any significant landscape features. The west end of the property abuts the La Costa Golf Course. Existing Zoning Subject Property: North: South: East: West: Existing Land Use Subject Property: North: South: East: West: RDM RDM RDM RDM PC, RDM Vacant Vacant, condos Condos, apartments Condos, vacant Golf Course, condos Environmental Impact Information A Negative Declaration, Log No. 454, was issued on this project on March 15, 1978, for the following reasons: 1. The subject property is already graded and is devoid of any significant vegetation or wildlife. 2. The project is adjacent to existing urban development. 3. The proposedproject is consistent with the General Plan. . S General Plan' Thf'orination 1. Land Use Element The general plan designates this property as RH, Residential High Density, 20-30 dwelling units per acre. The proposed project, five units on .37 acre, has a density of 13.6 du/acre. Therefore, this project is consistent with the general plan. 2. PubIi Facilities Sewer: This project has been allocated five sewer units from the Leucaia County Water District. Schools: School fees will be assessed on this project when the building permit is issued. The project is within the San Dieguito and Encinitas School Districts. Water: Water service will be provided by the Carlsbad Municipal Water District. Separate meters will be provided for each unit. Gas and Electric: Gas and electric service will be provided by SDG&E. Each unit will have separate meters. OnSite and adjacent Public Improvements: Public improvements will be required per the City Public Improvement Ordinance and/or as conditions of approval. Other Public Facilities: All other public facilities necessary to serve this project will not be available concurrent with need. The Planning Commission may, by inclusin 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 its appropriate share of the public facility it would require, the Planning Commission could be assured that the requirements of the Public Facilities Element of the General Plan would be satisfied. This project is consistent with all other elements of the general plan. 3.'Hi s tory and Related Cases V-294, Co'urtyard, Planning Commission Resolution No. 1558. On OCtober 24, 1979, the Planning Commission denied a request for a variance from the 10 foot setback requirement. The Courtyard project is one-half block north of the Jerez Company project. The variance was similar to this one. The requiedfi!nding could not be made for this project. Major' Planning Considerations 1. Are there exceptional circumstances on this property which can justify a variance? -2- S 2. Will other condominium projects in the same vicinity be required to meet these requirements? Discussion This is a request for a variance to allow a reduced setback from a private drive. There are five units in the proposed project, two of which do not meet the required setbacks. Units 1 (Exhibit A, 9 /4/79) are set back from the driveway only five feet rather than the required 10 feet. (Section 21.47.130 Section 21.50.020 states that the sole purpose of a variance is to prevent discrimination and shall not grant a special privilege. The next Section, 21.50.030, contains four findings-which must be made before a variance can be granted. These findings are also required by State Law (Government Code Section 65906). 1. That 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; 2. That 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. 3. That 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. 4. That the granting of such variance will not adversely affect the comprehensive general plan (Ord. 9060, Section 1802). The applicant's justifications for this variance include the low number of units to be served by the short driveway and the fact that adjacent properties have not been required to maintain these setbacks. Other condominiums in the area which were approved before the condo ordinance was adopted were not required to have any setbacks from the private driveway. Before this variance can be approved it must be shown that there are exceptional or extraordinary circumstances applicable to this property which do not apply to property in the same zone and vicinity. Most of the dj.aceiit lots are of a Similar size and shape. The subject property is already graded and very little of the land area is devoted to unusable slope. There are no unusual circumstances on this property or other uncontrollable factor. This variance is necessitated primarily by the design of the project. -3- Recommendation Staff recommends denial of V-297 based on the following findings: 1. There are no exceptional or extraordinary circumstances on this property which do not apply generally to other property in the vicinity and zone because the property is the same size and shape as surrounding properties. The property is graded a very little of the area is devoted to unusable slope. 2. The variance is not necessary for the preservation of a substantial property right possessed by other property in the vicinity and zone since all new condominiums in the area will be required to meet the setback requirements. KL:ms 11/15 12 -4- . S STAFF REPORT DATE: November 28, 1979 TO: Planning Commission FROM: Planning Department SUBJECT: V-297 REQUEST: Variance from Section 21.47.120(1) (B) to reduce the required building setbacks. APPLICANT: 358 Jerez Company BACKGROUND Location and Description of Prop erty The subject property consists of .37 acres on the west side of Jerez Court, north of Gibraltar. The property is flat and is devoid of any significant landscape features. The west end of the property abuts the La Costa Golf Course. Existing Zoning Subject Property: North: South: East: West: Existing Land Use Subject Property: North: South: East: West: RDM RDM RDM RDM PC, RDM Vacant Vacant, condos Condos, apartments Condos, vacant Golf Course, condos Environmental Impact Information A negative declaration, Log No. 454, was issued on this project.on March 15, 1978, for the following reasons: 1) The subject property is already graded and is devoid of any significant vegetation or wildlife. 2) The project is adjacent to existing urban development. 3) The proposed project is consistent with the General Plan. II . General Plan Information A. Land Use Element The general plan designates this property as RH, Residential High Density, 20-30 dwelling units per acre. The proposed project, five units on .37 acre, has a density of 13.6 du/acre. Therefore, this project is consistent with the general plan. B. Public Facilities Sewer: This project has been allocated five sewer units from the Leucadia County Water District. Schools: School fees will be assessed on this project when the building permit is issued. The project is within the San Dieguito and Encinitas School Districts. Water: Water service will be provided by the Carlsbad Municipal Water District. Separate meters will be provided for each unit. Gas and Electric: Gas and electric service will be provided by SDG&E. Each unit will have separate meters. On-Site and Adjacent Public Improvements: Public improvements will be required per the City Public Improvement Ordinance and/or as conditions of approval. Other Public Facilities: The City Council has determined that they are not prepared to find that all other public facilities necessary to serve this project will 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 its appropriate share of the public facility it would require, the Planning Commission could be assured that the requirements of the Public Facilities Element of the General Plan would be satisfied. This project is consistent with all other elements of the general plan. C. History and Pe:lated'cass V-294, Courtyard, Planning Commission Resolution No. 1558. On October 24, 1979, the Planning Commission denied a request for a variance from the 10 foot setback requirement. The Courtyard project is one-half block north of the Jerez Company project. The variance was similar to this one. The required finding could not be made for this project. -2- . S Major Planning Considerations 1. Are there exceptional circumstances on this property which can justify a variance? 2. Will other condominium projects in the same vicinity be required to meet these requirements? Attachment Location Map KL:ar -3- S STAFF REPORT DATE: November 28, 1979 TO: Planning Commission FROM: Planning Department SUBJECT: V-297 REQUEST: Variance from Section 21.47.1O(1) (B) to reduce the required building setbacks. APPLICANT:. 358 Jerez company . . BACKGROUND Location and Description of Property The subject property consists of .37 acres on the west side of Jerez CoUrt, north of Gibraltar. The property is flat and is devoid of any significant landscape features. The west end of the property abuts the La Costa Golf Course. Existing Zoning Subject Property: RDM North: RDM South: RDM East: RDM West: PC, RDM Existing Land Use Subject Property: Vacant North: Vacant, condos South: Condos, apartments East: Condos, vacant West: Golf Course, condos Environmental Impact Information • A Negative Declaration, Log No. 454, was issued on this project on March 15, 1978, for the following reasons: 1. The subject property is already graded and is devoid of any significant vegetation or wildlife. 2. The project is adjacent to existing urban development. 3. The proposed project is consistent with the General Plan. • General Plan Information 1. Land Use Element The general plan designates this property a RH, Residential High Density, 20-30 dwelling units per acre. The proposed project, five units on .37 acre, has a density of 13.6 du/acre. Therefore, this project is consistent with the general plan. 2. Public Facilities Sewer: This project has been allocated fie sewer units from the Leucadia County Water District. Schools: School fees will be assessed -on this project when the building permit is issued. The project is within the San Dieguito and Encinitas School Districts. Water: Water service will be provided by the Carlsbad Municipal Water District, Separate meters will be provided for each unit. Gas and Electric: Gas and electric service will be provided by SDG&E. Each unit will have separate meters. OnSite and adjacent Public Improvements: Public improvements will be required per the City Public Improvement Ordinance and/or as conditions of approval. Other Public Facilities: All other public facilities necessary to serve this project will not be available concurrent with need. The Planning Commission may, by inclusin 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 its appropriate share of the public facility it would require, the Planning Commission could be assured that the requirements of the Public Facilities Element of the General Plan would be satisfied. This project is consistent with all other elements of the general plan. 3 HiStorV and Related Cases V-'294, Courtyard, Planning Commission .eso1ution No. 1558. On OCtober 24, 1979, the Planning Commission denied a request for a variance from the 10 foot setback requirement. The Courtyard project is one-half block north of the Jerez Company project. The variance was similar to this one. The required finding could not be made for this project. jor_Planning_Considerations 1. Are there exceptional circumstances on this property which can justify a variance? . . -2- .. . 2. Will other condominium projects in the same vicinity be required to meet these requirements? Discussion This is a request for a variance to allow a reduced setback from a private drive. There are five units in the proposed project, two of which do not meet the required setbacks. Units 1 and 5 (Exhibit A, 9, /4/79) are set back from the driveway only five feet rather than the required 10 feet. (Section 21.47.130 (1) (B)). Section 2:1.50.020 states that the sole purpose of a variance is to prevent discrimination and shall not grant a special privilege. The next Section, 21.50.030, contains four findings which must be made before a variance can be granted. These findings are also required by State Law (Government Code Section 65906). 1. That 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; 2. That such variance is necessary for the preservation and enjoyment of a substantial propertyright possessed by other property in the same vicinity and zone, but which is denied to the property in question. 3. That 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. 4. That the granting of such variance will not adversely affect the comprehensive general plan (Ord. 9060, Section 1802). The applicant's justifications for thi .s variance include the low number of units to he served by the short driveway and the fact that adjacent properties have not been required to maintain these setbacks. Other condominiums in the area which were approved before the condo ordinance was adopted were not required to have any setbacks from the private driveway. Before this variance can be approved it must be shown that there are exceptional or extraordinary circumstances applicable to this property which do not apply to property in the same zone and vicinity. Most of the adjacent lots are of a similar size and shape. The subject property is already graded and very little of the land area is devoted to unusable slope. There are no unusual circumstances on this property or other uncontrollable factor. This variance is necessitated primarily by the design of the project. -3- Recommendation Staff recommends denial of-V-297 based on the following findings 1. There are no exceptional or extraordinary circumstances on this property which do not apply generally to othr property in the vicinity and zone because the property is the same size and shape as surrounding properties. The property is graded a very little of the area is devoted to unusable slope. 2. The variance is not necessary for the preservation of a substantial property right possessed by other property in the vicinity and zone since all new condominiums in the area will be required to meet the setback requirements KL:ms 11/15 -4- I . 1 PLANNING COMMISSION RESOLUTION NO. 1587 2 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING A 3 VARIANCE TO REDUCE THE REQUIRED BUILDING SETBACKS ON THE WEST SIDE OF JEREZ COURT, 4 NORTH OF GIBRALTAR. - 5 APPLICANT: JEREZ COMPANY CASE NO:- V-297 * 6 7 WHEREAS, a verified application for certain property, 8 to wit: 9 Lot 358 of La Costa South, Unit No. 5, in the City of Carlsbad, according to map thereof No. 6600, as filed 10 in the Office of the County Recorder for San Diego County on March 10, 1970 il l has been filed with the City of Carlsbad, and referred to the • 12 Planning Commission; and 13 WHEREAS, said verified application constitutes a request 14 a provided by Title 21 of the Carlsbad Municipal Code; and - 15 WHEREAS, this project has been processed through 16 environmental review as required in Title 19, the Environmental 17 Protection Ordinance, and has been found to be categorically 18 exempt as per Section 19.04.090(c) 4, which exempts minor 19 alterations in land use limitations. 20 WHEREAS, the Planning Commission did, on the 9th day of 21 January, 1980, hold a duly noticed, public hearing as 22 prescribed by law to consider said-request; and 23 • WHEREAS, at said public hearing, upon hearing and 24 considering all testimony and arguments, if any, of all persons 25 desiring to be heard, said Commission considered all factors 26 relating to V-297. 27 ///// 28 I I AK ( r C ic •11• -I-' lsl -I.' IE 1? 18 19 • 20 2]. 22 23 24 25 . I NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A. That the foregoing recitations are true and correct. B. That based on the evidence presented at the public hear±ng the Commission finds the following findings and facts and reasons to exist: 1. There are no exceptional or extraordinary circumstances on this property which do not apply generally to other property in the vicinity and zone.because the property is the same and shape as surrounding properties. The property is graded and a very little of the area is devoted to unusable slope. 2. The variance is not necessary for the preservation of a substantial property right possessed by other property in the vicinity and zone since all new condominiums in the area will be required to meet the setback requirements. C. Based on these findings and reasons, the Planning Commission recommends DENIAL of the Variance. AYES: Rombotis, Marcus, Leeds, Larson, Schick. ABSENT: Friestedt, Jose. £âi_JYY J . L J.'. CARLSBAD PLANNING COMMIS ATTEST: HAGAMAN ,ySecretary 3 PLANNING COMMISSION / 27 28 PC RESO #1587 -2- 6 7 8 9 10 12 13 14 15 16 17 3.8 19 20 21 22 i:.. U 24 25 26 27 28 . S -1 PLANNING COMMISSION RESOLUTION NO. 1587 2 11 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALiFORNIA, DENYING A •1 VARIANCE TO REDUCE THE REQUIRED BUILDING SETBACKS ON THE WEST SIDE OF JEREZ COURT, 4 NORTH OF GIBRALTAR. APPLICANT: JEREZ COMPANY CASE NO: V-297 WHEREAS, a verified application for certain property, 11 to wit: Lot 358 of La Costa South, Unit No, 5, in the City of Carlsbad, according to map thereof No. 6600, as filed in the Office of the County Recorder for San Diego County on March 10, 1970 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, this project has been processed through environmental review as required in Title 19 the Environmental Protection Ordinance, and has been found to he categorically exempt as per Section 19.04.090(c)4, which exempts minor alterations in land use limitations. WHEREAS, the Planning Commission did, on the 9th day of January, 1980, hold a duly noticed, public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to he heard, said Commission considered all factors relating to V-297. ///// I . •1 NOW, THEREFORE:, BE IT HEREBY RESOLVED by the Planning Corrrniission of the City of Carlsbad as follows: A, That the foregoing recitations are true and correct. B. That based on the evidence presented at the public hearing the Commission finds the following findings and facts and reasons to exist: 1. There are no exceptional or extraordinary circumstances on this property which do not apply generally to other property in the vicinity and zone because the property is the same and shape as surrounding-properties. The property is graded and a very little of the area is devoted to unusable slope. 2. The variance is not necessary for the preservation of a substantial property right possessed by other property in the vicinity and zone since all new condominiums in the area will be required to -meet the setback requirements. C. Based on these findings and reasons, the Planning Commission recommends DENIAL of the Variance. AYES: Rombotis, Marcus, Leeds, Larson, Schick, ABSENT: Frieabedt, Jose. EDWINS. SCHICK, JR., Chairman CARLSBAD PLANNING COMMISSION ATTEST: jAMES C. I-1AGANAN, Secretary CARLSBAD PLANNING COMMISSION PC RESO 41587 -2- 1 2 3 4 5 6 7 8 9 10 ii 12 13 14' 15 16 17 18 19 20 21 1 22 23 24 25 26 27 28 1 2 3 4 . 5 6 7 10 8 9 11 2.2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 1574 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING A VARIANCE TO REDUCE THE - REQUIRED BUILDING SETBACKS ON THE WEST SIDE OF JEREZ COURT, NORTH OF GIBRALTAR. CASE NO.:, V-297 APPLICANT: JEREZ COMPANY WHEREAS, a verified application for certain property, to wit: Lot 358 of La Costa South, Unit No. 5, in the City of Carlsbad, according to map thereof No. 6600, as filed in the Office of the County Recorder for San Diego County on March 10, 1970 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, this project has been processed through environmental review as required in Title 19, the Environmental Protection Ordinance, and has been found to be catagorically exempt as per Section 19.04.090 (c) 4, which exempts minor alterations in land use limitations. WHEREAS, the Planning Commission did, on the 28th day of November, 1979, holda duly noticed, public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to V-297 and found the following facts and reasons to exist: 9' I; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22, 23 24 25 26 27 28 1. There are no exceptional or extraordinary circumstances on this property which do not apply generally to other property in the vicinity and zone because the property is the same and shape as surrounding properties. The property is graded and a very little of the area is devoted to unusable slope. - -- 2. The variance is not necessary for the preservation of substantial property right possessed by other property in the vicinity and zone since all new condominiums in the area will be required to meet the setback requirements. WHEREAS, the Planning Commission, by the following vote, recommended denial of the variance for those reasons as set forth above. AYES: Schick, Rombotis, Jose, Leeds, Marcus, Friestedt, Larson NOES: None NOW, THEREFORE, BE IT HEREBY RESOLVED that the foregoing recitations are true and correct. N 1LA, EDWrN S. SCHICK, JR. ,Chairman CARLSBAD PLANNING COM4ISSION ATTEST: C. HAGAMANI Secretary BAD PLANNING COMMISSION / .2 0 * 4 1 STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) SS. 2 CITY OF CARLSBAD ) 3 4 I, JAMES C. HAGAMAN, Secretary to the Planning Commission 5 of the City of Carlsbad, California, do hereby certify that the 6 foregoing resolution was duly introduced, approved and 'adopted 7 by the Planning Commission of the City of Carlsbad at a regular 8 meeting of said Commission held on the 12th day of December, 9 1979, by the following roll call vote: 10 AYES: Schick, Jose, Leeds, Larson, Rombotis, Marcus. 11 NOES: None. - 12 ABSENT: Friestedt 13 14 15 16 17 18 19 C. HAGAMAN Secretary BAD PLANNING COMMISSION 20 / PC RESO #1574 2]. Page 3 22 23 24 25 26 27 28 .3