Loading...
HomeMy WebLinkAboutV 312; DOMINY, LEWIS; Variance (V)Receipt No. APPLICATION NO. VARIANCE CITY OF CARLSBAD (Pkase Typ.tt or Print) Date: I.. REQUET: Variance to Qflpw an increase of. the building height limit, a reduction (briefly explain and indicate section of Zone of the frontyard and sideyard requ i rements for the building and the guest parking OiITiiiñice affected) respectively, and tandem parking. Sections 21.16.020, 21, 16.030, 21. 16.040 and 21.44.120 (5) (b). 2 LOCATION: The subject property is generally located on the West sidt of Ocean Street between Del Mar and Beech - .30 ASSESSOR'S NUMBER: Book 203 Page 140 Parcel 2.8 Book Page Parcel (If more, please list on bottom of thi page). 4. 0W11ER(S): Nane Address City Zip Phone Gordon A. Klett and Edna Mae Klett, individuals 960 Avonoak Terrace, Glendale, - California 91206 50 PERSON RESPONSIBLE FOR PREPARATION OF APPLICATION: N&iiie Address City Zip Phon€ - DOMINY & BOKAL ARCHITECTS 244 Ninth Street, Del Mar, California 92014 481-8244 6. APPLICANT'S SIGNATURE: I hereby declare that all information contained witin this açlication is true; and that all standard conditions, as indicated on the attac1 rrent ha been read, understood and agreed to. La2-,av Address City Zip Phone A. Lewis Dominy L 244inth Street, Del Mar, California - 92014 - 481-8244 Reiresenting (Company or Corporation) DOMINY & BOKAL ARCHITECTS Relationship to' Property Owner(s) Agent The City of Carlsbad Planning Department would appreciate the opportunity to work with the aipplicant toughout the Planning Stages cf the proposed development. In an effort to aid the applicant, the Planning Department requests that it be given an opportunity to evaiate and discuss the application and plans prior to submittal. This request is not arequirement; however, it may avoid major redrafting or re- vision of the plan which only serves to lengthen the processing time. ATTACHMEffS: Supplemental Information Form - Planning 23 Standard Conditions - Planning 27 Preparation Check List - Planning 32 Procedures - Planning 36 Date of Planning Commission Approval FORM: Plannir.j 6/11, ,J n SUPPLEMENTAL INFORMATION FORM VARIANCE T1) Gross Acres (or square footage, if less than acre) 8428sq- ft .) Zone R-3 3Y Gene -'al Plan Lin'rd Use Designation R- 4) By law a Variance may be approved only if certain facts are found to exist. Please read these requirements carefully and expilain how the proposed project meets each of these facts. Useadditiorl 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 classof use in the same vicinity and zone: There are xp;rinrt - or extraordinary circumstances applicable to the sub jeci - prnprFy 'lint do not aaplv r1ricrr,ll%i 1n Fk nFkr nrooertv in the same vicinity and zone: (a) The subied prbperty t,rc riT.d fir-it rirnnvoilable to vehicular access which can be feasibly develooed b)Explain why such variance is necessary for the preservation aindenjoyment 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 variance is necessary for the preservation and enjoyment of a substantial .property right possessed by other properly in the same vicinity and zone but which is denied to the properly in question. (a) Other properties in vicinity have additional lot area available for building. (b) Oilier properties in the vicinity have been previously developed with residences which do not meet curreht R-3 development - requirements. (c) 21 variances of a similar nature have been granted to properly owners on the west side of Ocean Street. c) Explain why the granting of such variance will not be niaterially detrimental to the public welfare. or injurious to the property or improvements in such vicinity and zone in which the property is located: The granting of the variabcewill not be materially deFri- mental to the public welfare or injurious 1-0 the property or improvements in the vicinity - and zone in which the property is located. (a) Properties in the area have been allowed similar variances. (b) The variance would not interfere with emergency access or the circulation of light- and air to the property. (c) The site is located in Fire Zone II which necessitates special building practices in order to reduce fire potential. (d) A - street realignment will be provided in order to widen the right of way and paved surface of Ocëñ Street and to reduce any existing potential traffic safety problems. d): Explali why the grantinq of such variance will not adversely aft-fect the comprehensive general plan: The graningof this variance will not adversely affect the City's Comprehensive General Plan. (al The project is consistanl- witht-he underlying land use designation. (b) The variance would not affect the dwelling unit density for the subject location. (c) The project is consistant - with all other elements of the City's General Plan. -- - FORM Mar Ing 23 Date of Planning Commission Approval .-..--. . Reei;tNo. APPLICATIOJ NO. VARIANCE £ITY OF CARLSBAD S c, I . re~_4~ (Picase Type or Print) Date:2L8Q_ 1. REQUEST: Variance to Allow (1) the construction of biIflding.4AfeF tnJ.eigJt - (bFiefly explain and indicate section of Zone where 35 feet is allowed (Sec. 21. 16.020) and (2) the reduction of the front yard setback - Ordinance affected) to six feet where eight feet is required (Sec. 21.46.070 and 21.46.120). 2. LOCATION: The subject property is generally located on the West side of Ocean Street between Del Mar and Beech 30 ASSESSOR'S NUMBER: Book 203 Page 140 Parcel 28 Cook Parcel (If more, please list on bottom of this page). 4. OWNER(S): Name Address City Zip Phone -Gordon A. Klett and Edna Mae Klett, individuals, 960 Avonoak Terrace, Glendale, California 91206 5. PERSON RESPONSIBLE FOR PREPARATION OF APPLICATION: Name Address City 1JR Phone DOMINY & BOKAL ARCHITECTS 244 Ninth Street, Del Mar, California 220 14 48 1-8244 6. 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. Nameeo hL n X -71. Address city Zip Phone - - 2 Re presenting (Company or - Relationship to Property Owner(s) i16iT The City of Carlsbad Planning Department would appreciate the opportunity to work with the applicant throughout the Planning Stages of the proposed development. In n 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 - Pla-nning 27 Preparation Check List - Planning 32 Procedures - Planning 36 Date of Planning Commission Approval FORM: Planning 5 6/11/79 A. • •:- 0' I SUPPLEMENTAL INFORMATION FORM VARIANCE 1) Gross Acres (or square footage, if less than acre) 8498 sq. ft. 2) Zone R-.3 3) General Plan Land Use Designation R-H 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: The subject lot isof irrp,ilar_ shape _and _less _than _standard width. The lot has an hour glass thape Wiichreduces th width to less than 44 feet at a point 40 feel' back from the front lot line. These exceptional conditions do not apply to other property in the same vicinity and zone. 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 variance requested is the minimum requiredto - allow the applicant preservation of substantial property rights possessed b other properties in the same vicinity and zone. The variance would permit this project' to be - constructed to the same front yard setbacks and to a height less than the-established • building heights in the vicinity. Without this minimum variance, the applicant_would - be denied eniovment of these substantial property rights. 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 proposed project would not be detrimental tothe p ublic welfare or injurious to p perty in the vicinity. 1he intill at this higH density residential site i _in conformance _with _the _(_arlsbad_(.eneral_ Plan, _Ihedesign_of_the_- proposed constructionis__within_the__limit's_of_existing_construction_in_the_ vicinity _and _will not establish any new precedents detrimental or injurious to the public welfare. d) Explain why the grantinq of such variance will not adversely affect the comprehensive general plan: The roosed project isin _conformance with the general plan and will not adversely_ affect _its _implimentation. FORM Planning 23Date of Planning Commission Approval ___• • o PUBLIC FACILTTIES FEE REQUIREMENTS City Council Policy Number 17 requires' that all developers requesting a discretionary action for a project pay a public facilities fee in the amount of two-percent of the building valuation. The fee is computed by the Building Department and paid at the time the building permit is obtained. In the case of a condominium conversion, the fee is calulated on the building valuation at the time the fee is paid and the fee must be paid prior to obtaining a final map on the project. In addition to the above, a completed, signed and notarized agreement to pay 'the public facilities fee must be submitted with any application for a discretionary action. This agreement form should be completed as follows: 1. Selected the appropriate form for either (a) the developer and owner are the same party, or (b) the developer and owner 'are different. 2. Fill in the date the agreement is completed, the name and address of the' developer (and owner, if appropriate) and state if each is an individual, partne:;hip, corporation, etc. 3. Fill in the type of. project proposed to be constructed such as "a 12-unit condominium" or "30,000 square foot shopping center," etc. and the proposed name (if any). 4. Fill in the date the request will be (or was) submitted and the type of request such as "a tentative map," a "condominium permit," "rezoning", etc. 5. Fill in the short legal description of the property on the last sheet. 6. Sign the form in the presence of a notary and have the notary attach an acknowledgement of execution to the form. RHA:mmt . 2/14/80 ECØRDING REQUESTED BY 756 b (6 AND WHEN RECORDED MAIL TO Name r Gordon A. IUett and Street Edna Mae Klett Address 960 Avonoak Terrace City & Glendale, CA 91206 State FILE/PAGE NO..S171 HOOK 1979 RECORDED REQUEST OF TITLE INSURANCE & TRUST C& DEC31 8:00AM79 OFFICIAL RECORDS SAN DIEGO COUNTY, CAUF, RECORDER 1400 SPACE ABOVE THIS LINE FOR RECORDER'S USE Individual Grant Deed TI THIS FORM FURNISHED BY TICOR TITLE INSURERS 203-140-28 IQ4CA (T74i A.P.N. ¶NSFER TAX PA The undersigned grantor(s) declare(s): SAN DIEGO CQUNTY RECORDER Documentary transfer tax is $ 167. 20 ( ) computed on full value of property conveyed, or () computed on full value less value of liens and encumbrances remaining at time of sale. ) Unincorporated area: ( x) City of Cr1 s1d , and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CARMEN L. MARINELLA and EDNA M. IfARINELLA, husband and wife hereby GRANT(S) to GORDON A. ICLETT and EDNA MAE ICLETT, husband and wife as ccunity property the following described real property in the city of Carlsbad County of San Diego , State of California: As more particularly described in Exhibit ttA' attached hereto and made a part hereof, comprising one page. Dated October 4, 197 STATE OF CALIFORNIA CO N F_'S Le-c }ss. On ('9 7/ before me, the under- si"ned, a Notary Publicin a d for said State, perspnally appeared / : , ii .LdT " ' • "[1 ' ' " — !D414" 4' . VIRGft F. FREDERKING NOTARY PU8LIC - CAUFORMA known to me LOS ANGELES COUNTY to he the person-22--whose name ? subscribed to the within My comm. expires OCT 17, 1981 instrument and acknowledged that -executed the same. 631?. Narbonne Avenue, Lomita, CA 90717 WITNESS my hand and official seal. . -2so .a •' . . Signature / !t B I 1 flat art it M 1) - rTit], Order No. 7 71 V , Escrow or' Lnn N0.J150093 MAIL TAX STATEMENTS AS DIRECTED ABOVE I MAIL TAX STAItMENTS TO Name Street Address Return Address Above City & State iZtzA d Carmen L. Marinella //2) .JJ'J Edna M. Marinella 757 e EXHIBIT "A" THE LAND REFERRED TC.IN THIS POLICY IS SITUATED IN THE STATE. OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: ALL THAT PORTION OF LOT ]. IN BLOCK "A" OF HAYES LAND COMPANY. ADDITION To. CARLSBAD, MAP NO. 2, IN THE CITY OF CARLS8AL), 114 THE COUNTY OF SAN DIEGO,: STATE Of CALIFORNIA, ACCORDiNG TO MAP THEREOF NO. 1221, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 4, 1909, TOGETHER WITH THAT CERTAIN 5.00 FOOT STRIP OF LAND LYING NORTHERLY OF AND ADJOINING THE NORTHERLY LINE OF SAID LOT 1, ALL LYING NORTHERLY OF A LINE DESCRIBED AS FOLLOWSi . . BEGINNING AT THE MOST NORTHERLY CORNER 'CF LOT 2 IN SAID BLOCK '!A";. THENCE NORTHWESTERLY ALONG A STRAIGHT LINE TQA POINT IN THE SOUTHWESTERLY LINE OF SAID LOT 1, DISTANT THEREON NORTH 36.°O0'00 WEST, 35.QOFEET NORTHWESTERLY FROM THE MOST SOUTHERLY CORNER OF SAID LOT I. EXCEPT THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT A POUT IN THE SOUTHWESTERLY LINE OF SAID LOT I t DISTANT THEREON NORTH 36 0 00'00" WEST, 103.57 FEET FROM THE MOST SOUTHERLY CORNER OF SAID LOT 1; THENCE ALONG SAID SOUTHWESTERLY LINE AND THE NORTHWESTERLY PROLONGATION THEREOF NORTH 36 000'00" WEST, 24.59 FEET TO THE NORTHERLY LINE OF SAID MAP NO. 1221; THENCE ALONG SAID NORTHERLY LINE, NORTH 8941 9 00" EAST, 42.15 FEET; THENCE LEAVING SAID NORTHERLY LINE, SOUTH 54000'00" WEST, 34.24 FEET TO THE POINT OF BEGINNING. PARCEL 2: THAT CERTAIN PORTION OF LOT 1, IN BLOCK 2 Of OCEANSIDE ADDITION TO CARLSBAD, IN THE CITY OF CARLSBAD, IN-THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 893, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF BLOCK I*4U OF THE HAYES LAND COMPANY ADDITION TO CARLSBAD, MAP NO. 2, ACCORDING TO MAP THEREOF NO. 1221,.FILED.IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 49 1909 1 WITH THE SOUTHWESTERLY LINE OF OCEAN STREET, 40 FEET WIDE, AS SHOWN ON SAID MAP NO. 1221; THENCE NORTHWESTERLY ALONG D, SOUTHWESTERLY LINE OF OCEAN STREET BEING ALSO THE ARC OF A 60 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY 24.15 FEET THROUGH A CENTRAL ANGLE OF 23 0 03 1 30" TO A POINT IN A RADIAL LINE OF SAID CURVE BEARS SOUTH 7703' 30" WEST TO SAID POINT; THENCE LEAVING THE ARC OF SAID CURVE AND SAID SOUTHWESTERLY LINE OF OCEAN STREET,. SOUTH 54 0 00 1 00" WEST 37.51 FEET TO A POINT IN SAID NORTHERLY LINE OF MAP NO. 1221; THENCE ALONG SAID NORTHERLY LINE NORTH 890 41'00" EAST 40.28 FEET TO THE POINT OF BEGINNING. H After recording return to: ,u City. of Carlsbad 1200 Elm Ave. Carlsbad, CA 92008 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 3rd day of September 1980, by and between 'Gordon A. KIeM .and Edna Mae Kl.ett - (name of developer-owner) )(indviduoIs ,hereinafter referred to as (Corporation, partnership, etc.) "Developer", whose address is 960 Avonoc!k Terrace (street) Glendcl'e, California 91206 , and THE CITY OF (City, state, zip code) CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address is 1200 Elm Avenue, Carlsbad,. California, 92008. WITNES SETH: WHEREAS, Developer is the owner of the real property described on Exhibit "A", attached hereto and made a part of this agreement, hereinafter referred to as "Property"; and - WHEREAS, the Property lies within the boundaries of City; and WHEREAS, Developer proposes a development project as follows:. Three unit condominium I. on said Property, which development carries the proposed name of Puesl'a Del Sol - 3 unit condominium and is hereafter referred to as Development"; and WHEREAS, Developer filed on the 10th day ofSepternbr 19 , with the City a request for Condominium Permit (hereinafter referred to as "Request"; and WHEREAS, the Public Facilities Element of the City General Plan requires that the City Council find that all public facilities necessary to sel'vé a development will be available concurrent with need or such development shall not be approved (said element is on file with the City Clerk and is incorporated by this reference; and WHEREAS, Developer and City recognize the correctness of Council Policy No. 17, dated August 29, 1979, on file with the City Clerk and' Incorporated by this reference, and that the City's public facilities and services are-at capacity and will not be available to accommodate the additional need for public facilities and services resulting from the proposed Development; and WHEREAS, Developer has asked the City to find that public ., facilities and services will be available to meet the future needs of the Development as it is presently proposed; but the Developer is aware that the City cannot and will not be dble to make any such finding without financial assistance to pay for such-services and facilities; and, therefore, Developer proposes - 2.- . to help satisfy the General Plan as implemented by Council Policy No. 17 by payment of a public facilities fee. • NOW, THEREFORE, in consideration of the recitals and the covenants contained herein, the parties agree as follows: 1. The Developer shall pay to the City a public facilities fee in an amount not to exceed 2% of the building permit valuation of the buildings or structures to be constructed in the Development pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the develop- ment and shall be based on the valuation at that time. This fee shall be in addition to any feps, dedications or improvements required pursuant to Titles 18, 20 or 21of the Carlsbad Municipal Code. A credit toward such fee shall be given for land which has been dedicated for park purposes or for any fees paid in lieu thereof pursuant to Chapter 20.44 of the Carlsbad Municipal Code. • Developer shall pay a fee for conversion of existing buildings or structures into condominiums in an amount not to exceed .2% of the building permit valuation at the time of conversion. The fee for a condominium conversion shall be paid prior to the issuance of a condominium conversion permit as provided in Chapter 21.47 of the Carlsbad Municipal Code. Condominium shall include community apartment or stock cooperative. The terms "other construction permits", "other construction permit" and "entitlement for use" as used in this agreement, except in reference to mobilehome sites or projects, shall not refer to grading permits or other permits for the construction of underground or street improvements unless no • • other permit is necessary prior to the use or occupancy for which • . 3. 0 the development is intended. Developer shall pay to City a publià facilities fee in the sum of $1,150 for each mobilehome space to be constructed pursuant to 'the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development. This fee shall be in addition to any fees, dedications or improvements required according to Titles 18, 20 or 21 of the Carlsbad Municipal Code. A credit toward such fee shall be given for land which has been dedicated for park purposes or for any Lees paid in lieu thereof pursuant to Chapter 20.44 of the Carlsbad Municipal Code, 2. The Developer may offer to donate a site or sites for public facilities in lieu of all or part of the financial obligation agreed upon in Paragraph 1 above. If Developer offers .to... donate a site or sites for public facilities, the City shall consider, but is not obligated to accept the offer. The time for donation and amount of credit against the fee shall be determined by City prior to the issuance of any building or other permits. Such determination, when made, shall become a part of this agree-, ment. Sites donated under this paragraph shall not include improvements required pursuant to Titles 18 or 20 of the Carlsbad Municipal Code. 3.. This agreement and the fee paid pursuant hereto are required to ensure the consistency of the Development with the City's General Plan. If the fee is' not paid as provided herein, the city will not have the funds to provide public facilities and services, and the Development will not be consistent with he General Plan and any approval or permit for the Development shall 4 . t be void. No building or other construction permit orentitlement for use shall be issued until the public facilities fee required by this agreement is paid. 4. City agrees to deposit the fees paid pursuant to this agreement in a public facilities fund for the financing of public facilities when the City Council determines the need exists to provide the facilities and sufficient funds from the payment of this and similar public facilities fees are available. 5. City agrees to provide upon request reasonable assurances to enable Developer to comply with any requirements of other public agencies as evidence of -adequate public facilities and services sufficient to accommodate the needs bf the Development herein described. 6. All obligations hereunder shall terminate in the event the Requests made by Developer are not approved. 7. Any notice from one party to the other shall be in - writing, and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in one of the following manners: 7.1 If notice is given to the City by. personal delivery thereof to the City or by depositing same in the United States Nail, addressed to the City at the address set forth-herein, enclosed in a sealed envelope, addressed to the City for attention of the City Manager, postage prepaid and certified. 7.2 If notice is gi\ien to Developer by personal delivery thereof to Developer or by depositing the same in the United States 5. Mail, enclosed in a sealed envelope, addressed to Developer at the address as may have been designated, postage prepaid and certified. 8. This agreement shall be binding upon and shall inure to the benefit of, and shall apply to, the respective successors and assigns of Developer and the City, and references to Developer or City herein shall be deemed to be reference to and include their respective successors and assigns without specific mention of such successors and assigns. If Developer should cease to have any interest in the Property, all obligations of Developer hereunder shall terminate; provided, however, that any successor of Developer's interest in the Property shall have first assumed in writing the Developer's obligations hereunder. 9.. This agreement shall be recorded but shall not create a lien or security interest on the Property. When the obligations. of this agreement have been satisfie, City shall record a release. I/I I . • IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date, first written above. DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal • corporation of the State of California (Name) By By_________________ • City Manager (Title) By______ I (Title) TO 447 C (Individual) STATE OF CALIFORNIA COUNTY OF LOS ANGELES } t On September 8, 1980, before me, the undersigned, a Notary Public in and for said State, personally appeared Gordon A. Klett and Edna Mae Klett Ill z known to me to be the person S whose nameS are subscribed W to the within instrument and acknowledged that- they-executed the same. WITNESS my hand and official seal. S OFFICIAL SEAt - DOROTHY F. PAGE Signatur _ I PRINCIPAl. OFFICE IN Dorot1?fF. Page • NOTARY PUBLIC -CALIFORNIA LOS ANGELES COUNTY December 15, 1980 Name (Typed or Printed) (This area for official notarial seal) (Notarial acknowledgement of execution by DEVELOPER-OWNER must • be attached.) '7. a * 757 EXHIBIT 1tA THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE STATE. OF C4LFORNIA COUNTY OF SAN DIEGO v AND LS DESCRIBED AS FOLLOWS PARCEL 1: ALL THAT PORTION OF LOT I IN BLOCK A' OF HAYES LAND COMPANY. ADDITION TO CARLSBADv MAP NO. 2, IN THE CITY OF CARLSBADIa IN THE COUNTY OF SAN DIEGO STATE OF CALIFRNIA Q ACCORDING TO MAP THEREOF NO 1221v FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY 9 NOVEMBER 4 v 1909 TOGETHER WITH THAT CERTAIN 500 FOOT STRIP OF LAND LYING NORTHERLY OF AND ADJOINING THE NORTHERLY LINE OF SAID LOT I v ALL LYING NORTHERLY OF A LINE-DESCRIBED AS FOLLOSz . . . . . .. BEGINNING AT THE MOST NORTHERLY CORNER 'CF LOT 2 iN SAID BLOCK !A; THENCE NWtHWESTERLY ALONG A STRAIGHT LINE TO POINT IN THE SOUTH4ESTERLY LINE OF SAID LOT I, DISTANT THEREON NORTH 36.0 00OO WEST 9 3500FEET NORTHWESTERLY FROM THE MOST SOUTHERLY CORNER OF SAID LOT L EXCEPT THEREFROM THAT PORTUJN DESCRiBED AS FOLLOWS: . BEGINNING AT 4 POINT N THE SOUTHWESTERLY LINE OF .54.10 LOT l o DISTANT THEREON NORTH 36 0 0000 WEST9 10357 FEET FROM THE MOST SOUTHERLY CORNER OF SAID LOT 1; THENCE ALONG SAID SOUTHWESTERLY LINE AND THE NORTHWESTERLY PROLONGATION THEREOF NORTH 360000 WEST 9 2459 FEET TO THE NORTHERLY NE OF SAID MAP NO 1221; THENCE ALONG SAID NORTHERLY LINE, NORTH 4L 9 OO EAST v, 42:15 FEET; THENCE LEAVING SAID NORTHERLY LiNEs SOUTH 540000 WEST, 3424 FEET TO THE POINT OF BEGINNING..' PARCEL 2 THAT CERTAIN PORTION OF LOT 1 9 IN BLOCK 2 OF OCEANSIDE ADDITION TO CARLSBAD, IN THE CITY OF CARLSBAD IN -THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO 8939 FILED IN THE OFFLCE OF COUNTY RECORDER OF SAN DIEGO COUNTY9 DESCRIBED AS FOLLOWS.: BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE Of BLOCK OF THE HAVES LAND COMPANY ADDITION TO CARLSBAD, MAP NO. 29 ACCORDING TO MAP THEREOF NO. 1221, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY9 NOVEMBER 4, 1909 WITH THE SOUTHWESTERLY LINE OF OCEAN STREET 9 40 FEET WIDE, AS SHOWN ON SAID MAP NQ 1221; THENCE NORTHWESTERLY ALDNGSAI[) SOUTHWESTERLY LINE OF OCEAN STREET BEING ALSO THE ARC OF A 60 FOOT RADIUS CURVE9 CONCAVE NORTHEASTERLY 24.15 FEET THROUGH 'A CENTRAL ANGLE OF 2303030il 10 A POINT LN A RADIAL LINE OF SAID CURVE BEARS SOUTH 7703 30,' WEST TO SAID POINT; THENCE LEAVING THE ARC OF SAID CURVE AND SAID SOUTHWESTERLY LINE OF OCEAN STREET, SOUTH 5400°00 WEST 375I FEET TO A POINT, IN SAID NORTHERLY LINE OF MAP NO. 1221; THENCE ALONG SAID NORTHERLY LINE NORTH 89 0 4100' EAST 4028 FEET TO THE POINT OF BEGINNING., f SECURED AGREEMEUI BETWEEN OWNER AS DEVELOPER AM CARLSBAD UNIFIED • SCHOOL DISTRICT THIS SECURED AGREEMENT is entered into this day of 1980, by arto between 1' (T1nrov (ve oper) (CFi7rtT hereinafter referred to as Develoer", whose address and phone number • iS $4 &\Q 4 - • (tity ; State (Ph , Zip Códe) one NUiibr) and CARLSBAD UNIFIED SCHOOL DISTRICT of San Diego County, California, hereinafter referred to as "District", whose address is 801 Pine Avenue, Carlsbad, California92006 W I T N E S E I H: A WHEREAS, Developer is the owns of the real property described on EXHIBIT "A" attached hereto and by I is reference incorporated herein by reference, and hereafter referred to as "Property" V; and B. WHEREAS, the Property lies within the boundaries of District; and C. WHEREAS, Developer proposes to construct 3/ on said Property, which development carries the proOsed name:- of c\ o\ . and is hereafter referredto a "Development"; and D. WHEREAS, Developer________ (Flied on the _day of ,198) WOS' with the C 'inty of San Diego and/or the City (Intends tti'T1iJ of Carlsbad a request for 4/ iwç 4I ,- ..&r. r E. WHEREAS, Developer and Discri' recognize that school facilities and services will not be available to accommodate children who may subsequently move into the proposed development; and F. WHEREAS, Developer has requested of the District assurances that school facilities and services will be avaiiable to meet the needs of the future residents of the development as It is presently proposed and the 'Developer is aware that the District ctnot, and will not, be able to give * Developer any such assurances without financial assistance to pay for such services and facilities; and G. WHEREAS, the Developer agrees to provide such financial assistance in accordance with the terms of this a, 'cement and the District agrees to provide asurances that school facilitfts and services will be available to meet the needs of the future residents of the development as it is presently proposed. NOW THEREFORE, THE PARTIES HERETO i-EREBY AGREE as follows: -2- 1. The Developer shall pay to the District the sum of • One Thousand, twenty-nine and no l00---.---------------DeijJ$ i,02) Or whatever stm Is in e?rect —a_t__tFi__1MW building permit s are issued) for each dwelling unit to be constructed in the Development. The number of • Dwelling units tob constructed shall be detrnined from the approved • subdivision map of the Development, as icorded In the Office of the County Recorder.. The term "dwelling unit" a used In this agreement means a place of residence and may be located 1n eitP ing1e or multiple dwelling • unit building. Such payments shall be de in accordance with the following provisions: * • 1.1 The total amount due hert under shill be paid to the District in installments equal to $ 1 029 times the number of dwellin units (Or whatever sum Is in effec at the time building permits are issued) for which building permits are issued until the total amount as specified in paragraph 1 above has been paid or until the agreement has been canceled by mutual consent due to the abandonment Of a portion of the Development. Such installments shaH be due and payable to the District concurrent with application b' Developer for issuance of said building permits. 1.2 Any payments not made b he Developer when due and payable shall bear interest at the rate V .even (7) percent per annum. 2. The Owner and Developer may in e future offer to donate a school site in lieu of all or pare of the fincocial obligation agreed upon in paragraph 1 above, which offer the District shall consider but is not obligated to accept. 3. To secure Developer's obligation hereunder, Developer shall provide to District the securities called for in subparagraph 3.1 or 3.2 or 3.3: -j 'V .3.1 A surety bond in favor or District in a form acceptabJe to District from an insurer acceptable to District in thb sum of to insure Developer's performance of the terms of this agreement: J . * 3.2 A bank or savings and loan time certificate of deposit in .the amount of $______ in a form acceptable to District naming the District as an irr'vocab1e assic)nee for the term of this agreement, and expressly providing that any interest accruing on the time certificate of deposit shall be solely the pror arty of depositor and the District sWI have no rights to any such it erest. 5/ :3.3 Such other security as may be acceptable to the District. 5/ 4. District agrees to provide school facilities and services which will be available to meet the needs of the future residents of the areas to be developed as described herein. District further agrees to provide in writing for Developer, and upon his request, assurances necessary to enable Developer to comply with any requirements of public agencies as evidence of adequate ;chool facilities and services sufficient to accommodate the needs of the ievelopments herein described. 5 All obligations hereunder shal terminate in the event and the District shall within ten (10) after written notice to District by Developer, deliver to Developer necessary documents for releasing the security provided to District pursuant to paragraph 3 hereof. 6. Any notice from one party to the other shall be in writing, and '3 -4- ____ _____• ?8. shall be dated and signed by the party giving such notice or-by a duly authorized representative of such party, Any such notice shall not be effective * for any purpose-whatsoever unless served in one of the' following manners: 6.l.. If notice is given to the District, by personal delivery thereof to the District or by depositing the same in'the United States Wt.' addressed to the District at the address set forth herein, enclosed In a sealed envelope addressed to whe District for attention of the Superintendent, postage prepaid an., certified. 6.2 f notice is givers to D& .loper, by personal delivery thereof to Developer or by depositing the ime in the United States Mati, enclosed in a sealed envelope addri'sed to Developer at the address set forth herein or atsuch other addresses as may have been designated, postage prepaid and certified. 6.3 if notice is given to a surety or other person, by personal delivery to such surety or other person orby depositing the same in the Unitied States Mail, enclosed in a sealed envelope addressed to such surety or person at the address at which such surety or person last communicated to the party giving n' ice,postage prepaid and certified. 7. This agreement shall be bindin upon and shall inure to the benefit of, and shall apply to,the respective s cessors and assigns of Developer nd the District, and references to Dv oper or the District herein shall, be deemed to be reference to and include their respective successors and assigns without specific mention of such sucessars and assigns. If Developer should cease to have any interest in the Property, all obligations of Developer hereunder shall terminate; provided, however, that any successor of Developer's _L • H interest in the Property shall have f1t assumed inriting the Developer's Ct obligations hereunder and shall have complied with paragraph 3 hereof. IN WHirNES$ WUEREQF this Agreement is execute in San biego County, California as of the date first written above. DFVEL • itle ___ ___________ Title • DISTRICT:' CARLSBAD UNIFIED SCHOOL DISTRICT OF SAN DIEGO COUNTY, CALIFORNIA By _______ ________________________ • AuthorTThdAgent * RATIFIED BY GOVERNING BOARD: 198_ - •*.- QUALITY ORIGI .NAL (S) P00TNOTS 1. Full lnformatin concerning the Owner and Developer should be set out here and tbe. name of the Owner should be identical to that used by the Owner In holding title to thq property. V The exadt legal description of the property shoUldbe set forth on EXhibit:, "A'. - Insert the number of residential budiigs to be constructed and describe the ndsand.ntnber of residential uniti to beiconstructed, e.g., 100, two-bdroorn s.i-ngl fmi1y residenc; 4apartment buildings consisting of 60 -two-.bedroom apartrneht; one i ,ilhomC park. with 200 mobilehome space. ' - • J State whether the Developer has or will, apply for a rezoning and/or conditional use permit or some othe' permit or application. Where the property Is to be rezoned, state th present zoning and the proposed * zoning. Where an application number has been assigned by the County or the City, state the number. • j The prdpóed .fdnii of bond or time certificated of deposit .should be submitted to the District before the Developer sihs this Agreement to aure 'tbát the bondor certificate will be in a fOrm satisfactory to the District When later delivered. * / This event will probably be a denial of rezning application. 0 * IS 7 . EXRI1iI "A" THE LAND REFERRED TO IN THIS:PQLICY SITUATED IN THESLATE OF CAL IFOiNIA. COUNTY bF S AN DIEGU, AND .; OESCRI.3E0 AS FOLLOWS: PARCEL I: ALL THAT PORTION OF LOT 1 IN BLOCK WAI OF HiYES LAND COMPANY AOITION 111- CARLSBAD, MAP NO, 2, IN THE CITY OF CRLS8ALJ, IN THE COUNTY OF SAN QVGO. STATE OF CALIFORNIA, ACCORDING TO NAP THEREOF NO. 1221, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGLJ COUNTY, NOVEMBER 49 19099 TDGE1EIER WITH THAT CERTAIN 5.00 FOOT STRIP OF LAND LYING NORTHERLY OF AND ADJOINING '•. THE NORTHERLY LINE Of SAID LOT 1w .ALk LYING NORTHERLY OF A LINE DgSC*(ED AS FOLLowsx • BEGINNING AT THE MOST NORTHERLY CORNER OF LOT 2 IN 'SAID BLOCK 'ATM;. THENCE- NORTHWESTERLY .ALONG A STRALGHT LINE 10 A POINT IN THE SOUTHWESTERLY LINE OF SAID LOT 1, DISTANT THEREON NORTH 36 0 00 4 00" WEST. 35.00 FEET NORTHWESTERLY FROM THE MOST SOUTHERLY CORNER OF SAID LOT 1. EXCEPT -THEREFROM THAT PORTION DECRIVED AS FOLLOWS: bEGINLNG AT' A POiNT IN THE SO HWES 'ERLY LINE O SAID LOT. 1. DISTANI THEREON NORTH 36 0 00 1 00" WEST 103.5r FEET FROM TI4E.MOST SI THER.LY GO. mpt OF SAID LOT l; THENCE ALONG 'SAID SDuFHWESTERLY LINE AND THE N0RTHWER* PROLONGATION THEREOF NORTH 3600'00 WEST, 24.59 FEET TO THE NORTHER(( LINE OF SAID MAP NO. 1221; THENCE -Al'iNG SAID NORTHERLY LINEr NORTH 894000" EAST, 42.15 FEET; THENCE AVXNG SAID NORTHERLY LINE. SUU 54000 0 00' WEST, 34.24 FEET TO THE POINT Of BEGINNING. PARCEL 2: i THAT CERTAIN PORTION OF LOT t, jN BLOCK 2 OF OCEANSIDE ADDITION TO CARLSBAD, IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING Td MAP THEREOF NO. 893, FILED.. IN THE OFFICE w' COUNTY RECORDER OF SAN DIEGO COUNTY, OESCRL8O AS FOLLOWS: BEGINNING AT THE INTERSECTION OF T* NORTHERLY LINE OF BLOCK "A", OF THE HAYES LAND COMPANY ADDITION TO CARLSBAD, MAP NO. 2, ACCORDING TO MA THEREOF NO. 1221. FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEjO COUNTY, NOVEMBER 4 1909, WITH THE 3OUTKWESTERLY LINE OF OCEAN 5TREIt,4. FEET WIDE, A5.SHOW4 ON SAIQ MAP NO..-122L; THENCE NORTHWESTERLY AL01.4f'SAiD -SOUTHWESTERLY LINE OF OCEAN STREET iEING ALSO THE ARC UF 4 60 FOOT :'ArflU$ CURVE, CONCAVE NORTHEAStERLY Z4.15 EET THROUGH * CENIgAL ANGLE OF $ 23003 4 30" TO A POINT INA RADiAL L'IE OF SAID CURVE BEARS $OUTH 77' 4' .30' wEsl:.ro SAIDPOIN:T; THENCE LEAVING THE ARC OF SAID CURVE AND SAID SourHwESTELY LINE OFOC:EAN TREET1 SOUTH 34°00'00'WST 37451FEEY rO 4 • POINT IN SAID NORTHERLY 1.1 4EO:t4 NO 1221, THENCE ALONG SAID N0MHERL1. . LINE NORTH 8944t'QQ E4,T 4O.28 FE 4 TO THE POINT OF GLNNING. THE PO EN Z1 C' "PAN. INC. 114 &7 Mi.&io,i Road • Los 4' ,Ies 3, Cdlifolwia 2v : • Nrm Wo., I"' Orlotnish Fc' Assignee ASSIGNMENT ASECURITY FOR PAYMENT OF ALL BILLS STATEMENTS OR CHARGES FOR ANY SERVICES ASSIGNMENT to Car].sbaô. Tuified School 1strict of' San D iego Comty Kiett (NAME) heraafter called ASSIGNOR, whose principal place of busino •_960 Avonoak Teac (STREET) - , Cáltfornia, (do) (does). hereby assign and et over to the.._.. (CITY) sUnifeed School Di&x'ict of San- Mo OO,Ue address is Carl sbarl__, (NAME OF ASSIGNEE) (STREET) CtIfornI, hereinafter ii eferr. to at. the ASSINF.E, all right, title and interest of any kind wh 'icr owned or held by AsSIgnor irk and to the insure -count bf Assignor in the ,whose address is (NAME OF SAVINGS ANP WAN A$St ATIO01 ._CA2oQ_. ._._, CaUFornia, as evidenced by an account in the .t ot __.. doflare ($_3,aLOO ), identified as account A, which account Is delivered by if e A4,.nor to the Assignee. Assignor agrees and stipulates that this sl frcbrrs with it the right In and to The inurnce of this account by the Federal Savings and Loan tnsursne Coily Include gives the right to the Assignee to ,deem, collect, and withdraw the full amount of such account at bti/ time WITHOUT NOTICE TO ASSIGNOR. This assignment Is given as security for the payment of all bills, statements or chøs for ay ervIces furnished Or rendered at any time from md after— -_,JePt. 8 MONTH DAY and it any and 'all pernise;. at which service has been or may tø ordered or contracted for by the assignor. Ailgnor, 1-er,l-,V ntifie1 the above-named savings and 'oan assOciation of this assignment. 'D.ted'thi I day'of _Sept. -. ic'._130 endalg Californa. *in cot4nce with that "secured agreement" between ehe ownerJ6ve16per and the Carlsbad ASSIGNOR 1jfxjfjed 1 oo3. District, -dated 9/8180, copy attached. FIRST ENDO EN FOR NOTICE OF ASSIG Receipt is hereby acknowt3dged to the Assiçlnea of wrt1m notice of Assignment of the above-Identified account. W noted isr reeords to show the Interest of the- Assignee i mid account We hereby certify that we have not received anli lotio pf fteP, eiCumbrance, hold, claim, or other obligbyi . against the above.k{enIfled account prior to its assign-runt to 'We certify that the eount is fully Inured b 'e Federal Sevings and loan Insurance Corporation, We roine to tke pmoflI tt 'the Assignee upon written request Ir. aco j once wti the savings arid loan laws applicable to t"j5 iad atI day of .., ___._at.._.....,..._...— , California. NAME OF SAVINGS AND LOAN ASSOCIATION By - (SIGNATURE OF OFFICER) • (TITLE OF OFFICER) - V - SE(OND ENDORSEMENT —RECEIPT FOR SECURITY AND DIRECTION TO PAY EARNINGS :-'-- _.;_.••._--_- Rce1pt is acknowtedge1 of the assgnment above and the account identified in tke assignment above The savings ani 5oan assotiefion nanêcI in the assignme$ above is hereby aj horized and directed to pay any earnings on the above identi fled cco4t-tb the above-named assignor. - of ______________ - - .___ at ___________ _______ C&ifoinia 19 j. • "• -. . • - ,- _______________ _______________________________________ ASSIGNEE - By By ci 'it*d toy tha Colifornla Savirifia and Lato Lo ,ciue, Y.,MJ,. C,,I1t,mIs . S V SAVI NGS 0SITNO. 001-43206-9 DATE --------- -.- - WITHDRAWALS INTEREST DEPOSITS TOTAL SAVINGS Wtvou deposit any,check to your savings account, pleuse allow a few days for the It,., 4k' to cIer the before requesting a •ItidijwaI on these funds. hlorrneily, a 'cdk1rep an loe*bank will deer In 7 ca*idat days, an out.of-towri chø.k in 14 dIudar days and 8j),6ut';of ,state check in 20 f,Ier(cjar days. On hew account,, please 41ä'wi additional 494'66r days in eah catuguy. 'G FORM 403-I (R 4-78) TYPE 11 RATE DaZlew 07.100 ,D8700 0178 SAVE TIME WHILE YOU SAVE MONEY. SAVE BY MAIL. WE PAY POSTAGE 1OTH WAYS. a. 6 . September 2, 1980 To Whom It May Concern: This memorandum authorizes the architectural firm of Dominy & Bokal, 1049 Camino del Mar, Suite 7, Del Mar, California, 92014, and/or Joel G. Klett, No. 3, 190 Del Mar Shores Terrace, Solana Beach, California, 92075, to act as our agents on behalf of all matters relating to obtaining permits from any public body, executing agreements with public bodies, or otherwise representing the undersigned in connection with application for such permits, all as may be required in order to commence con- struction on a proposed three-unit condominium structure to be erected at 2601 Ocean Street, City of Carlsbad, of which we are the legal owners. This authority to act on behalf of the owners shall be valid until otherwise revoked in writing by said owners. M-l" m "; - A;0. TO 447 C (Individual) (;j;j) STATE OF CALIFORNIA 1 COUNTY OF LOS ANGELES 5> SS. On September 3, 1980, before me, the undersigned, a Notary Public in and for said State, personally appeared Gordon A. Klett and Ecing Mae Klett known to me to be the person 5 whose nameS are subscribed to the within instrument and acknowledged that they executed the same. WITNESS my hand and official seal. OjF)CIAt DOROTHY P. PAGE - Signature NOTARY PUBLIC - CALIFORNIA ii PRINCIPAL OFFICE IN LOS ANGLE$ COUNTY Ii Dorothy F. Page My Ire^ December 15, 198() Name (Typed or Printed) (This area for official notarial seal) S •S AGREEMENT AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND GORDON A. KLETT AND EDNA MAE KLETT FOR THE EXCHANGE OF CERTAIN REAL PROPERTY FOR STREET PURPOSES. THIS AGREEMENT is entered into on this day of , 1980 between the City of Carlsbad, a municipal corporation (hereinafter called "City") and Gordon A. Klett and Edna Mae Klett (hereinafter called "Kletts"). D'tTn17T C 1. On February 5, 1980 the City Council approved an align- ment of Ocean Street requiring a forty foot paved section on a fifty foot right-of-way. In order to insure that this alignment is made in the safest manner possible, with the greatest protection to the public health, safety and welfare and the least private injury, the alignment of the roadway in the vicinity of the intersection of Ocean Street and Cypress Avenue must be altered, as shown on Exhibit A, attached hereto and incorporated by this reference. 2. In order to properly align Ocean Street, it is necessary that a right-of-way for street purposes be acquired across certain property denoted on Exhibit A by the notation "to be acquired". The property to be acquired is described in Exhibit B attached hereto and incorporated by this reference and is herein- after called "Parcel 1". Kletts intend to acquire either an . I easement for street utility and access purposes or fee interest in Parcel 1 and to exchange Parcel 1 for the City's interest in that portion of Ocean Street, shown on Exhibit A by the notation "to be vacated". The property to be vacated is described in Exhibit C attached hereto and incorporated by this reference and is hereinafter called "Parcel 2". Once the " interest in Parcel 1 is transferred to the City, Parcel 2 will no longer be necessary for present or future street purposes and may then be vacated. Title to Parcel 2 shall be transferred to the property owner except for certain dedicated utility easements which may be reserved by the City according to the provision of Section 8370 through Section 8374 of the California Streets and Highways Code. If title to Parcel 2 permits/-'the exchange of the property shall occur according to the provisions of Streets and Highways Code Section 8374. NOW, THEREFORE, in consideration of these recitals and of the mutual covenants expressed in this Agreement, the City and Kletts agree as follows: A. Kletts shall acquire that portion of Parcel 1. Such acquisition may be of a fee interest or an easement for public street utility and access purposes. B. Kletts agree to dedicate Parcel 1 to the City. C. City agrees to initiate proceedings according to California Streets and Highways Code Sections 8300 et seq. for vacation of that portion of the Ocean Street right-of--way refer- red to in this Agreement as Parcel 2. On completion of the -2- . . vacation proceedings, if the determination is made that Parcel 2 should be vacated, City agrees to deed the City's interest in Parcel 2 in exchange for the Kletts' interest in Parcel 1. D. It is expressly understood that Parcel 2 shall not be vacated until the Kletts have acquired or entered into a binding contract to acquire the necessary interests in Parcel 1. Exchange of property interests between the Kletts and City shall occur according to Section 8374 of the California Streets and Highways Code. The final order of vacation shall not be made until title to Parcel 1 has first vested in the City. With- out this condition precedent to the vacation, the City Council could not make the findings required by California Streets and Highways Code Section 8323 and no vacation of Parcel 2 could occur., IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. CITY OF CARLSBAD, a municipal corporation of the State of California ATTEST: By RONALD C. PACKARD, Mayor ALETHA L. RAUTENKRANZ, City Clerk PROPERTY OWNER By GORDON A. KLETT and By EDNA MAE KLETT APPROVED AS TO FORM: VINCENT F. BIONDO, JR., City Attorney By DANIEL S. HENTSCHKE, Asst. City Attorney -3- OcupcinP I 2640 Garfled Street CtrkIxd, CtForn 9200S Occupant 2641 Garfield Street Ccrkbad, CcUfomc 92008 • OtCUp(ifl - • 2642 Garfield 5frt Ccsbcd, CUrornk • 92008 • Ocpn • 2643 Garfield Street • - Carkbod, Ca3iior&o 92008 : •• Occupant • • - • • 2633 Garfield Street • • California 92008 : • • -- • • •. •: • • . S Occupant t 2627 Ocean Street Carlsbad, California 92008 'I • Occupant 2633 Ocean Street Carlsbad, California 92008 • • • Occupant • 2634 Ocean Street Carhad, CaUfornia 92008 • '- • • Occupant 2635 Ocean Street Carlsbad, California 9200 • Occupant • • 2636 Ocean Street • • Carlsbad, Ca lifornia 92008 • Occupant 2637 Garfletd Street • Ca1bad Cdforre 92008 Occupant • 2638 Garfield Street Carlsbad, California 92008 .-:;r I • • Occupant • 2639 Garfield Street Carlsbad, California 92008 • -•••• • .• . E4ward Hubbard 2649 Ocean Street Carlsbad, California 92008 Occupant 260.5 Ocean Sweet Carbcd, California 92008 Occupant 2606 Ocean Street Carlsbad, California 92008 Occupant -: 2607 Ocean Street ( • Carlsbad, California 92008 • I Occupant :. • 2609 Ocean Street • Carlsbad, California 92008 Occupant • - 2617 Ocean Street • Carlsbad, California 92008 : Occupant 2621 Ocean Street Carlsbad, California 92003 r Occupant • 2623 Ocean Street Carlsbad, California 92008 1' I S S Joyce Toy 2501 E, ornmonwooIh Sret Fullerton, Ca 0 92631 Richard & Carol Dickey 1311 RdeoRood Arcadia, Caiffornia 91006 - Harrison E. Silver Ethel M. Mullen 5841 Grand Avenue Riverside, California 92504 'S Raymond & Barbara Mullen 2110 Arroyo Drive Riverside, California 92506 :.. David Easterbrook5 Jack & Rosemary Clifton • S. 999 N. Pacific 310 Oceanside, California 92054 John & Wendy Craven -S 24434 Malibu Rood 'Malibu, California 90265 • ItIsky & Perkins '• 3428 North Circle Road S Son Bernardino, California 92405 Jean E. Walker S S 2643 Ocean Street S Carlsbad, Cot Ifornki 92008 5 I . a Army Navy Academy Carlsbad, California 92008 -S Raymond & Dorothy Edo • 2600 Ocean Street Carlsbad, California $2008 Edwin & Joyan filsicy 3428 North Circle Road San Bernardino, California 92405 • Norman & Jane Schokel • 2819 Reed Rood ' • Escondido California 92027 •. • Albert & Jomie Polhamus • • 2642 Ocean Street • • -- Carlsbad, California 92008 • ••.: Irma Algover 2650 Ocean Street Carlsbad, CdiFornk 92008 Richard & June Gronqulst 2651 Garfield Street • Carlsbad, California 92008 :, •• _-• - • Ethel H. Bliss • PeO. Box 542 Mentone, California 92359 Assessor's Name Address Parcel No. 1. Army Navy Academy 2. Army Navy Academy 3. Raymond & Dorothy Ede 4. "Not Used" 5. Army Navy Academy 6. Edwin & Joyan Iljsley 7. Norman & Jane Schakel 8. Ai.ber& Jamie Poihamus 9. Irma Algover 10. Richard & June Gronquisi 11. Ethel H. Bliss 12. Joyce Toy 13. Army Navy Academy 14. Richard & Carol Dickey 15. Harrison E. Silver Ethel M. Mullen 16. Raymond & Barbara Mullen 17. Raymond Mullen Carlsbad, California 92008 203 041 01 Carlsbad, California 92008 203 041 01 2600 Ocean Street Carlsbad, California 92008 203 141 01 Carlsbad, California 92008 203 141 02 3428 N. Circle Rd. San Bernardino, Ca. 92405 203 141 03 2819 Reed Road Escondido, Ca. 92027 203 141 04 2642 Ocean Street Carlsbad, Ca. 92008 203 141 05 2650 Ocean Street Carlsbad, Ca. 92008 203 141 06 2651 Garfield Street Carlsbad, Ca, 92008 203 141 17 P. 0. Box 542 Menione, Calif. 92359 203 141 18 2501 E. Commonwealth Si. Fullerton, Ca. 92631 203 141 19 Carlsbad, California 92008 203 141 23 1311 Rodeo Road Arcadia, Ca. 91006 203 140 02 5841 Grand Avenue Riverside, Cc,. 92504 203 140 03 2110 Arroyo Drive Riverside, Ca. 92506 203 140 04 2110 Arroyo Drive Riverside, Ca. 92506 203 140 05 . 999 N. Pacific #310 Oceanside, Ca. 92054 203 140 06 24434 Malibu Road Malibu, Ca. 90265 203 140 07 3428 N. Circle Road San Bernardino, Ca. 92405 203 140 08 2643 Ocean Street Carlsbad, Ca. 92008 203 140 09 2649 Ocean Street Carlsbad, Ca. 92008 203 140 10 Carlsbad, California 92008 203 043 04 Carlsbad, California 92008 203 043 05 18. David Easerbrooks Jack & Rosemary Clifton 19. John & Wendy Craven 20. lllsley & Perkins 21. Jean E. Walker 22. Edward Hubbard 23. Army Navy Academy 24. Army Navy Academy a 'NOTICE OF PUBLIC UEPRING 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, October 22, 1980, to con- sider approval of a variance to reduce the required front yard and to exceed the height JJ.init on property generally located on the west side of Ocean Street between Beech Street and Cypress Avenue and more particularly des- cribed as: Lot 1 in Block "A" of Hayes Land Co. additions to Carlsbad, Map No. 2, according to map thereof No. 1221, filed in the Office of the County Recorder, Nove1Ter 4, 1909 and a protion of Lot 1, in Block 2 of Ocean- side Addition to Carlsbad, according to map thereof No. 893, filed in the Office of the County Recorder. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. If you have any questions please call the Planning Depart- ment at 438-5591. CASE FILE: V-312 APPLICANT: Doininy PUBLISH: October 11, 1980 CITY OF CPRLSBAD PLANNING COMMISSION 0 -150 \\ 6 ma QE3) Cob 9 5 Al 0 9 \ \ ,...•' - - .. \\' IN C YPRESS L! 0 NOTICE OF PUBLIC HEARING )TIE IEY 37ET'T that the Planning Commission of the City of Carlsbad will hold a public hearing at the City Council Charrers., 1200 Elm Avenue, Carl bad0 Jo0urnal Decreed A Legal Newspaper by the Superior Court of San Diego County 3088 PlO PICO AVENUE • P.O. BOX 248 • CARLSBAD, CA 92008 0 729-2345 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. 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 OF?UBLIC notice hereinafter referred to; and that the notice HEARI1G of which the annexed is a printed copy, has been _______ Bech, and more Particlil'arly de- NoIcElsI1EB'yqNthat scribed as: published in each regular and entire issue of said That portion LotThf Block "N' the Planning Commission of the aordidg to Mg:122i, fild newspaper and not in any supplement thereof on City oCarlsbad wiIl}soldà public November4a909, heamngat téty Council ckI Those persittis'wisbi tng to sneak the following dates, to-wit: bers,'120O EIn Avenu UarlsOaU, aliforWa: at700-P.M. on Wedies- on this proposal are .cordially in- day, Decethber 10, 1980, to consider vited to attend the public haing. If you have a'n quetions,pea'se approval of a Variance to allow an increase of the building height call the Planning Pepa;tmertt at limit from 35' to42'6". a reduction " 4385591 Case File: V-312 of the front and side yard setback tpplicant: LEWIS A.-DOMINY requiremedts to 0, and to permit tandem parking on property gener- ® / November26 19.... 19.... 19.... L:. • 11 19.... 2M/5-79 'CITY OF CAR1SBAD : . • 'PLAN1N4'COMlXISSION. c.t'o: November i6,980 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 26th day of November 1980 / Clerk of the Printer S . CARLSBAD FIRE DEPARTMENT MEMORANDUM TO: CATHERINE NICHOLAS, DATE: 1-7-81 PLANNING DEPARTMENT FROM: FIRE PREVENTION BUREAU SUBJECT: v-312 DOMINY After attending the recent meeting concerning the requested variances for the subject project and hearing an explanation of the potential impacts due to the granting of the variances, I must conclude that the granting of the requested variances would not have an adverse effect on firefighting operations. The possible alternatives to this project could create a similar situation with respect to firefighting. While I recognize the adverse effects with respect to the visual and aesthetic, I must confine my comments only to those problems associated with fire protection and control. As we have commented before, the cedar shingles proposed for use should be a type which has been pressure impregnated with an approved fire-retardant material. BriS. Wat ,eñ, B Fire Mars13aX cc: A. Lewis Dominy, AlA 244 Ninth Street Del Mar, CA 92014 I -ro t FAD 464 wffllmm~= ~ an a—~— __L1t J __- - 4 _ -- ------ 2 LQi LJ1421 ----'- - ---------- --- -- -- - ---- Of - ---- - - --------- ------ -- ------------ --- - -------- ---------- 1/ -- --- - ----- - -- -- -- H I . - AA- -- :i ek 44 -90 }eJ 7A -- Ar - rfl~~ ; (IL --- V -- -----H 1/[R1TE IT-DON'' SAY IT INTER-DEPARTMEW MEMORANDUM TO La1t DATE Oct3l 19 P.M. J fA1 k,eL,t( £1e1 141 (~— Q ),rJd p/9Wfr V-e, ~-t~ CIL X, ~, /. REPLY ON THIS SHEET FROM WILMER 5ERRtCE)E STANDARD INTER DEPT. MEMO FORM 1 1-24-PD H OM DATE AREA COL .PHONE NO-OR OPER. f2 /7 EXTENSION # FROM____________ OF AIA-y Az1zii a — T,L ,2O2 SIGNED 0 Call Phoned E Back Returned f Call L_1 Wants To Will Call o See You 0 Again Was See In Operalor E I TO: ) 44 , - L244LL -- _L4&1' '7 4 / A C' -- 6 . CARLSBAD FIRE DEPARTMENT MEMORANDUM TO: CATHERINE - CURRENT PLANNING DATE: 9-29-80 PLANNING DEPARTMENT FROM: FIRE MARSHAL SUBJECT: V-312 DOMINY I've reviewed the subject site plan and would like to see the following comments incorporated in the staff report. 1. The fire department does not object to the height variance since the area in question is on the ocean side of the property and is not accessible to our equipment. We would object to any sideyard and front setback variances due to the already congested nature of the area. 2. The building will have to conform to building code requirements relating to fire rating of exterior walls and protection of openings within 10' of the property line. 3. While asthetically pleasing, the use of cedar shingles as exterior wall covering materials presents a potential firefighting problem of great proportions. A fire originating in the building in question could spread rapidly over the surface of that building and extend to adjoining buildings. Conversely, a fire originating in an adjacent building could very easily spread to the subject building. - IN ~1,eM ed SEP 29 1980 CI1TY. OF ARLSBAD 0 0 VIA k y fkd.41 1O A)1 c flt (- L G 5rw1 -ec ppox 1z Q_ &t1drv 7 - 5 - p 1 ; 5;o cd 0,1 /DaML -r) access to public natural resources. scy shall approve either a tentative urhdivision to be fronted upon a public tith does not provide, or have available, or easement from a public highway the river or stream bordering or lying ess shall be determined by the local thdivhion is to be located. In making be reasonable access, the local agency highway, root trail, bike trail, horse vet ion. nd the various appropriate recreation- ; including, but not limited to, swim- rater skiing, scientific collection, and os on private property and reasonable river or stream for the purposes of Sec- 166478.16 means •those waterways, rivers 100 through 106 of the Harbors and oclared to be a public highway for GO through 25662 of the Government 1505 of the Fish and Game Code as ers and streams downstream from any -ad fish ha.tcicries. ney shall approve either a tentistive thdivision to be fronted upon a pu'Iic th does not provide for a dedication of M of the bank of the river or stream 'oposed subdivision. haraeter of the public casement shall reasonable public use of the public sistent with public safety. The reason- itut shall be determined by the local bdivision is to be located. In making defining the extent, width, and char- local agency shall consider all of the be for a foot trail, bicycle trail, or S5O2L and the various appropriate recrea- uses including, but not limited to, water skiing, scientific collection 40- (4) The likelihood of trespass on private- property and reasonable means of avoiding such trespasses. 66478.6. Any public access route or routes and any easement along the bank of a public waterway [sic] river or stream provided by the subdivider shall be expressly designated on the tentative or final map, and such map shall expressly designate the governmental entity to which such route or routes are dedicated and its acceptance of such dedication. [Amended, Chapter 24, Statutes of 19751 66478.7. Nothing in this article shall be construed to limit any powers or duties in connection with or affect the operation of beaches or parks in this state or to limit or decrease the authority, powers, or duties of any public agency or entity. 66478.8. Nothing in Sections 0478.1 through 66478.10 of this article shall require a local agency to disapprove either a tentative or final map solely on the basis that the reasonable public access otherwise required by this article is not provided through or across the subdivision itself, if the local agency makes a finding that such reasonable public access is otherwise available within a reasonable distance from the subdivision. Any such finding shall he set forth on the face of the tentative or final map. [Amended, Chapter 24, Statutes of 1975] 66478.9. Nothing in Section 66478.5 shall apply to the site of electric power generating facilities. 66478.10. Nothing in Sections 66478.1 through 66478.10 of this article shall apply to industrial subdivisions. 66478.11. (a) No local agency shall approve either the tentative or the final map of any subdivision fronting upon the coastline or shoreline which subdivision does not provide or have available reason- able public access by fee or easement from public highways to land below the ordinary highwater mark on any ocean coastline or bay shoreline within or at a reasonable distance from the subdivision. Any public acCess route or routes provided by the subdivider shall be expressly designated on the tentative or final map, and such map shall expressly designate the governmental entity to which such route or routes are dedicated. (b) Reasonable public access, as used in subdivision (a), shall be determined by the local agency in which the subdivision lies. (c) In making the determination - of what shall be reasonable public access, the local agency shall consider: (1) .That access may be by highway, foot trail, bike trail, horse trail, or any other means of travel. (2) The size of the subdivision. (3) The type of coastline or shoreline and the various appropriate recreational, educational, and scientific uses, including, but not limited —41- 1. FOAT1QN( '7Liu • -A N a C4 f7 3V Ar 1/ FRONT YARD REDUCTIONS .• •' OCEAN AVENUE V-301 Sandy 3/26/80 FY to 4' SY to 7' SYto7' * V-295 JEsker :0 SYto3' - V-285 Crag 1O/i1/S ' FY to 91.0 1 Sy to 0' 0" . to50" V-233 - Bryant 10/1O FY 1115,41 O' V-200 ' Smart 7/28 0 SY to 0' 0" - - - FY to 5' 0" V-267 1/26177 fY & SY reduction V-222 9/14/72 FY, SY, RY reduction V-205 5/25/71 FY & SY reduction V- 197 1/27/70 Reduce all yards V-179 --. - - • . : 1/5/68 -Garage in SY V-177 •-\- •• 1 10/10/67 FY, SYond RYreducti6n V-174 1 • 8/17/67 FY and SY reduction • V141 • 9/30/64 FY, SY & RY reduction V-92 9/12/61 •-• SYreduclion V-91 9/5/61 FY reduction V-90 8/8/61 FY reduction V-76 9/13/60 SY reduction • V-47 - - 1 1/29/59 - - FY & SY reduction • •V_12 -. - Y&SYreduction • 1-- • • • • PARKING IN SETBACKS • • WEST SIDE OCEAN AVENUE •. I V-285 Craig Parking & Carports • FY to 4' 91 Sy to 0' 0" V-276 Zipser with Garage SY to 5' 0" V-290 Zipser • Omit one space V-179 • Garage in SY V-150 - Parking in FY and SY I, 2 1. BuiIdinighIs in the neighborhood: (meas from street elevation) Army and Navy Academy . Administration Building 55' 0" Chapel (1 parcel north of site) 261 6" 2609 Ocean Street . 131 6" : . 2623 Ocean. Street (V295) . 261 011 .. Approved .12/12/79 2608 Ocean Street 20' 6" 2459 Ocean Street 24' 0" 2723 Ocean Street . . .. •. . •.: 20'.O" :.. . 2729 Ocean Street . . 19' 0" - 2731 Ocean Street . .'18'0" 2747.-Ocean Street 20' 0" . . 2775;ocean Street • .. :. : :;22' 0" . .. . 2. The çroposed heighoF the building subIc1 to this Application has been reduced 0491na1 Revised West Elevation 43' 6" 41' 6" East Elevation 25' 6" 23' 6" ••. • . .••, ;. . HEIGHT WEST SIDE OCEAN AVENUE WEST Variances V-301 Sandy 3/26/80 V-285 Craig 10/11/78 (Note, Extra height without Variance) V-200 Smart to 401 to 49' five stories to 601 * • S dIft 6 0 Richard D. Bokai Architects RE J j J :/• J J 244 Ninth Street Del Mar, California 92014 (714)481-8244,453-0548 OCT 13 198 14 October 1982 Planni- 'r,- ment City of Carlsbad Planning Department 1200 Elm Avenue Carlsbad, California 92008 Aitn: Catherine Nicholas Re: Puesfa del Sot Condominiums CONFERENCE REPORT Those Attending: Catherine Nicholas Richard D. Bakal 1. This meeting was held to review proposed rooftop projections above the required height limit. 2. Richard reviewed 8 projections: Five chimneys, one projection containing mechanical equipment, and two projections at the street elevation which contain skylight wells. It was assumed by this office that these elements were permitted to project beyond the height limit as stated in Zoning Ordinance Article 21.46.020 Height of penthouses and roof structures. Penthouses or root structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building; fire or parapet walls, skylights, towers, roof signs, flagpoles, chimneys, smokestacks, wireless masts and similar structures may be erected above the height limits of this ordinance prescribed, but no penthouse or roof structure, or any other space above the height limit prescribed for the zone in which the building is located shall be allowed for the pur- pose of providing additional floor space. (Ord. 9060 S1601). 3. Catherine stated that this article was only applicable to commercial projects (not residential). No specific zoning reference was given for this limitation. She did state, however, that chimney projections are permitted beyond the height limit in residential zones. She also stated TFi} the projections containing skylights at the street elevation were no problem, since the height at the street is only 25'. This leaves only the one equipment well projection as a problem. 4. Richard stated that the equipment would be screened from public view if it were allowed to be enclosed by this proposed projection. Catherine stated that in residential zones mechanical equipment cannot be roof-mounted unless unless it is screened, and such screens are not permitted above the height limit. No specific zoning reference was given for this regulation. 0 City of Carlsbad/Planning Department 14 October 1982 Re: Pueski del Sol Condominiums Page Two 5. Catherine stated that the Planning Department had already: ruled favorably on several issues where clear-cut application of the Zoning Ordinance was difficult. Richard acknowledged that statement. Submitted by: hard D. Bokal RDB/jn cc: A. Lewis Dominy Joel KIeli Gordon KleH . . Richard D. Bokal Architects 244 Ninth Street Del Mar, California 92014 (714) 481-8244,453-0548 19 August 1982 City of Carlsbad Planning Department 1200 Elm Avenue Carlsbad, California 92008 Attn: Catherine Nicholas RECEPrEØ AUG2 Ot 198 :cffY o CARLSBAD Planning Department Re: Puesta del Sot Conference Report Those Attending: Lew Dominy Catherine Nicholas 1. Lew reviewed the contours and building line with Catherine to confirm that the 5' out line must be used in the measurement of the building height. (The site is not steep enough to qualify for the exemption.) The base measurement natural contour appears to be elevation 23. 2. Lew reviewed a sketch showing how the natural cntour must be maintained at the 231 elevation line to comply with the zoning ordinance. Some of the proposed decks may have to be reworked. Catherine accepted the concept of a "well" within the 5' line (as shown on the sketch) to allow access into the basement. 3. Catherine stated that it was her recollection that the "boxes" were going to be removed from the roofs in order to achieve compliance with the height limits. Lew stated tki t this had been resolved favorably with Mr. Jim Hagaman long ago; however, he did not have the confirming correspondence with him. Since Mr. Hagamari is on vacation, we will have to wait for his return to resolve this item. Catherine accepted the height of the chimneys. A. Lewis Dominy A LD/j n DEVELOPMENTAL SERVICES • Assistant City Manager (714) 438-5596 • Building Department (714) 438-5525 • Engineering Department (714) 438-5541 • Housing & Redevelopment Department (714)438-5611 • Planning Department (714) 438-6591 - of, C A c$' IF 0 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 May 18 9 1981. California Coastal Commission Lenard Grote, Chairman SUBJECT: Appeal No. 77-81 Klett The City of Carlsbad's policy is to accept a minimum of a ten foot vertical access easements. We certainly recognize the difficulty this policy sometimes creates to proposed development, however we feel that it is an absolute minimum for the City. The alternative suggested in this case Appeal 77-81 (Klett) to obtain five foot easements from two adjoining properties seems reasonable if the walkway improvements are put in now and some agency other than the City accepts and maintain the access until the Cities required 10 feet minimum easement is obtained. The City feels quite strongly that the required off street parking is necessary and would not look favorably on any attempt to reduce the number of parking spaces. Sincerely, mesC. / Director of Planning JCH:rh 5/18/81 i r Lq QUALITY ORIGINAL (S) DOMINY & BOKAL ARCH•TS 244 Ninth Street DEL MAR, CALIFORNIA 92014 'J1T1T• OF DATE fl May 6, 1981 JOB NO. TI ON James C. Hagamari RE: Condominium Permit #c_ 132 Klett Condominiums, 2601 Ocean Street I 4818244 453-0548 RECEIVE TO CITY OF CARLSBAD MAY LINE 1200 Elm Avenue CITY OF CARLSB Carlsbad, California 92008 ppjg pamz - WE ARE SENDING YOU Attached 0 Under separate cover via the following items: • Shop drawings t Prints 0 Plans 0 Samples 0 Specifications • Copy of letter 0 Change order 0 COPIES DATE NO. DESCRIPTION 2 5/5/81 Roof Plan and Section A-C talu THESE ARE TRANSMITTED as checked below: • For approval 0 Approved as submitted 0 Resubmit-copies for approval • For your use 0 Approved as noted 0 Submit ______copies for distribution o As requested 0 Returned for corrections 0 Return -corrected prints o For review and comment 0 .0 FOR BIDS DUE 19 0 PRINTS RETURNED AFTER LOAN TO US REMARKS Per our discussion of May 4, 1981 I am sending the enclosed drawings which should ' further clarify our compliance with the height limit. I appreciate your effort to resolve this matter and look forward to the timely processing of the tentative map and condominium permit. Unless I hear otherwise from you or your staff in the next few days, I will assume that this matter is finally resolved, and our processing is being finalized. As we also discussed at our 6 April meeting, the City does not by policy enforce other agencies regulations (i.e. Coastal Commission) and, therefore, our approval is not contingent upon their actions. This, of course, does not relieve us as the applicant from their requirements, but it does allow an orderly processing procedure. For your information, our Coastal Application is pending c80sce1 SIGNED:________________________ 7) J2 4fk/- PRODUCT 240-3 Inc. Grojnn, M 01450 If enclosures are not as noted, kindly notify us at once. , Lewis miny / CALIFORNIA COASTAL COMMISSION - 631 Howard Street, San Francisco 94105— (415) 543.8555 - STAFF RECOMMENDATION Appeal No. 77-81 (Klett) Hearing Opened: 4/15/81 DECISION OF REGIONAL COMMISSION: Permit granted with conditions by San Diego-Coast Regional Commission - APPLICANTS: Gordon and Edna Mae Klett APPELLANTS: Commissioners Naomi Schwartz and Lenard Grote; Gordon and Edna Mae Klett DEVELOPMENT LOCATION: 2601 Ocean Street, Carlsbad, San Diego County (Exhibit 1) -. - DEVELOPMENT DESCRIPTION: Construction of three three-bedroom condominium-units on an 8,860 beachfront lot (Exhibit 2) PUBLIC HEARING: Hearing opened April 15, 1981 in Marina del Rey - - ADDITIONAL SUBSTANTIVE FILE DOCUMENTS: 1. Interpretive Guidelines on Public Access (2/20/80) 2. Joint Staff Report of the Coastal Commission and the State Coastal Conservancy on Coastal Access: Standards and Recommendations (November, 1980) 3. Access Inventory STAFF RECOMMENDATION: -- The staff recommends that the Commission adopt the following resolution: I. Airoval with Conditions. The Commission hereby grants, subject to the conditions below, permit for the proposed development on the grounds that the development as conditioned will be in conformity with the provisions of Chapter 3 of the California Coastal Act of 1976, will not prejudice the ability of the local government having jurisdiction over the area to prepare a Local Coastal Program conforming to the provisions of Chapter 3 of-;the Coastal Act, is located between the sea and the first public road nearest the shoreline and is in conformance with the public access and public recreation policies of Chapter 3 of the Coastal Act, and will not have any significant adverse impacts on the environment within the meaning of the California Environmental Quality Act. ee lo ,i&-3 5/19-P-1/81 -2- II. Conditions. This permit is subject to the following conditions: Prior to issuance of the permit, the Executive Director shall certify in writing that the following conditions been satisfied. '4 1. Stringline. The applicants shall submit revised site and building plans for review and acceptance in writing by the Executive Director. Said plans shall show no portion of the proposed buildings and decks extending farther seaward than the "stringline" shown on the attached exhibit 'T' (the applicant's site plan). The redesigned building shall be for no more than three units, shall riot exceed the height and bulk of the previously proposed building and shall. provide parking in accordance with Regional Commission Interpretive Guidelines with tandem parking being allowed provided that on tandem set is used by no more than one unit. 2. Vertical Access. The applicants shall record an irrevocable offer to dedicate an easement to the City of Carlsbad or other public agency or private association approved by the Executive Director. Said irrevocable offer shall be for a 10 foot wide easement for public access from Ocean Street to the beach an shall be located along the applicant's south property line. Said easement shall be recorded free of prior liens or encumbrances except for tax liens. -The offer shall be irrevocable for 21 years, running from the date of recordatin and shall run With the land and shall be binding on all successors and assigns of the applicant. 3. Lateral Access. The applicants shall execute and record a document, in a form and content approved in writing by the Executive Director of the Commission, irrevocably offering to dedicate to a public agency or private association approved by the Executive Directoz.T an easement for public access and passive recreational use along the shoreline. Such easement shall extend from the seaward property line to the toe of the bluff, as shown on the attached Exhibit 11 3". Such easement shall be recorded free of prior liens except tax liens, and free of prior encumbrances which the Executive Director determines may affect the interest being conveyed. The offer shall run with the land in favor of the People of the State of California binding successors and or landowner. The offer of dedication shall be irrevocable for a period of 21 years, such period running from the date of recording. 4. open Space Easement. The applicants shall record an irrevocable offer to dedicate to a public agency or to a private association an open space easement over the area between the "beach line" shown on .. Exhibit 11 3" and the seaward extent of the structure as finally approved pursuant to Special Condition 1, above. Said -open space easement shall prohibit any development unless approved by the California Coastal Commission or its successor in interest. The offer shall be irrevocable for a period of 21 years, shall run in favor of the People of the State of California, binding successors and assigns of the applicant and/or landowners, and shall be recorded prior to all other liens and encumbrances except tax liens. The offer to dedicate shall be in a form and of content acceptable to the Executive Director. / / -. - - 5. Assumption of Risk. The applicants shall submit to the Executive Director a deed restriction for recording free of prior liens except for tax leins, that binds the applicant and any successors in interest. The form and content of the deed restriction shall be subject to the review and approval of the Executive Director. The deed restriction shall provide (a) that the applicants understand that the site may be subject to extraordinary hazard from waves during storm and from erosion, and the applicants assume the liability from hazards; (b) the applicants unconditionally waive any claim of liability on the part of the Commission or any other regulatory agency for any damage from such hazards, as a consequence of approval of the project; and (c) the applicants understand that Construction in the face of these known hazards may make them ineligible for public disaster funds or loans for repair replacement, or rehabilitation of the property in the event of stroms. 6. Final Plans. Any exterior deck areas shown on final approved plans shall not be enclosed with opaque materials without prior approval of the San Diego Coast Regional Commission or its successor in interest. III. Findings and Declarations The Commission finds and declares as follows: 1. Project Description. The applicants are proposing to construct a three-unit condominium on a 8,860 sq. ft. vacant parcel on Ocean Street in Carlsbad (Exhibit 1). The structure will be 23 feet high (2 stories) on the street side and 39 feet (4 stories) on the seaward side. Each unit will contain three bedrooms and approximately 2,000 sq. ft. of floor space. The exterior of the building will be finished with cedar shingles. Six tandem parking spaces will be provided for residents of the building in accordance with Regional Interpretive Guidelines. Two guest parking spaces will be provided as required by the City of Canibad. The project will be sited on an hour-glass shaped lot which is 55½ feet wide along the street, 43 feet wide at its narrowest point, and 66½ feet wide along the ocean. The lot itself extends from the bluff-top, down the bluff- face, and over the beach to the mean high tide line. The project site is located directly south of the AQiny Navy Academy. The Academy chapel is located immediately to the north, followed by several residential and auxiliary structures belonging to the Academy. Immediately south of the project site is a two to three story residence. Except for the Army Navy Academy, the entire beachfront in this area is developed with single and mul.ti-faxnily dwellings. 2. Public Access. Because the project site is located between the first public road and the sea, the following Coastal Act policies must be considered: .. ', : .1 -4- In carrying out the, requirement of Section 4 of Article X of the California Constitution, maximum access ... and recreational opportunities shall be provided for all the people consistent with public safety needs and the need to protect public rights, rights of private property owners, and natural resource areas from overuse. (30210) Public access from the nearest public roadway to the shoreline and along the coast shall be provided in new development projects except where... (2) adequate access exists nearby,... (30212(a) Wherever appropriate and feasible, public-facilities ... shall be distributed throughout an area so as to mitigate against the impacts, social and otherwise, of overcrowding or overuse by the public of any single area. (30212.5) The public access policies of this article shall be implemented in a manner that takes into account the need to regulate the time, place, and manner of public access depending on the facts and circumstances in each case including, but not limited to, the following... (3) The appropriateness of limiting public access to the right to pass and repass depending on such factors as the fragility of the natural resources in the area and the proximity of the accss area to adjacent residential uses. U) The need t Eoide 'for the management of ac-ess areas so' as to protect the privacy of adjacent property owners.(30214(a)) The project site is one of the few and one of the largest vacant parcels located between 'the first public road and the sea in the northern half of the City of Carlsbad.. The nearest existing public access points to the beach are located approximately 1..200 ft. to the south at Grand Avenue and 600 ft. to the north at the end of Ocean Street. According to the Standards and Recommendations for Coastal Access developed jointly by the Commission and the' Coastal Conservancy vertical access should be provided every 500 ft. or once every six residential parcels in urban areas to evenly -d±stribute beach use. Because of the lack uf nearby access, the scarcity of Va ant lots, the relatively large size of the subject parcel, and the proximity of the site to a nearby Street end, the draft LCP specifically identified the subject site as suitable for the provision of an additional vertical accessway along this stretch of beach. Any new development is required to provide access to and along the shoreline.. unless the Commission finds that adequate access exists nearby. In this case, the Commission finds that both vertical and lateral access is needed on this parcel to maximize and evenly distribute public use of the beaches and state owned tidelands in Carlsbad, and to find this project consistent with Sections 30212, 30212.5 and 30210 of the Coastal Act. The major issue presented by the appeal and of concern to the applicant, however, was not the provision of access itself but the appropriate width for the vertical access easement. The City of Carlsbad, the draft LCP, the Commission, and the Coastal Conservancy have all established access standards which provide that vertical accessways should be a minimum of ten feet wide in order to protect the public interest. The rationale for this standard is explained most clearly in the Commission's Interpretive Guidelines for Public Access. Briefly, the guidelines state that vertical access easements should be at least ten feet wide, both to ensure that the physical proximity of buildings does not inhibit the use of accessways and to minimize conflicts between private residents and beachgoers. The City of Carlsbad has informally established a similar standard for the development of accessways with its jurisdiction; it has obtained series of 10 foot wide access easements and developed them with six foot trails and landscaping. In addition, it has historically refused to accept easements that are less than ten feet wide. The subject parcel embodies precisely the type of conflicts which led to the establishment of these standards. A three story building is situated two feet away from the proposed access route, and the subject four story development will abut it. Not only would the physical proximity of the -buildings create a narrow tunnel which would intimidate users of the assessway, but it would also necessitate the relaxation of the Commission's established policy of requiring a five foot buffer between vertical access ways and adjacent structures to minimize use conflicts. The applicants contend that the imposition of a ten foot wide accessway easement would restrict development of their pro.erty. They propose to offer to dedicate a five foot wide easement along the southern boudary of their lot, and suggest that another five foot wide access easement could be obtained along the property line on the adjacent property line to the south, thereby distributing the responsibility for providing access more equitably among private residents. The Commission believes this would be a viable approach if the adjacent property were currently vacant; however, this is not the case. The subject property is bounded on the south by a structure sited within 2 feet of the common property line, and on the north by the Army Navy Academy, thereby negating the ability to fulfill the public access mandates of the Coastal Act through the applicant's suggested approach. This situation is reflected in the Land Use Plan for Carlsbad which requires that, as a condition of development, vertical access through the subject development be provided. In addition, the Commission notes that it is not unreasonable to require such an access dedication 10 ft. in width in approving a project as proposed by the applicant. The Commission has, in fact, consistently found that provision of vertical as well as lateral access sufficient to assure public use must be provided in new develop- ment projects to offset the impacts of private development on the public's right to use the state owned tidelands.- The Statewide Interpretive Guidelines on public access state that: MM Private development imposes an impediment to or burden on the public's ability to gain access to or along the shoreline, either incrementally or cumulatively in the following ways: (1) physically precluding public access; (2) discourages them from visiting the shoreline in the first place because of physical proximity of development; (3) creates use conflicts in which landowners harass and intimidate the public and seek to prevent them from using tidelands based on disputes over the exact boundary between private and public ownership; (4) takes up existing road capacity of off-street parking thereby making it more difficult to gain access to and use of the coast by further congesting existing access roads and recreational areas; (5) increasing the intensity of use of beach andupJand areas thereby congesting currently available support facilities; and (6) creating impediments to public access by placing structures along the shoreline (e.g. sea walls) that impede access or that alter shoreline processes thereby affecting the amount of beach available and even the location of the mean high tide line. In assessing the need for access, the Commission must also consider that the burdens generated by new development, in conjunction with tidal and storm conditions can creaje..physical barriers to safe public access absent the provisions of new public accessways. Recognizing these potential impacts of development, the Legislature has thus focused the application, of Section 30212 on the appropriateness (i.. e. need) of access rather than on the type of development proposed. The Commission has concluded that the impacts of a non-priority use on a parcel adjacent to the shoreline required that public access be guaranteed to find such developments consistent with coastal act policies. This analysis has been found true for the impacts of single- family residential development and is even heightened when viewed in terms of the impacts of .a project of the intensity proposed by the applicant. Hence, the Commission finds that in order to satisfy the access burden triggered by new development on this parcel, the vertical access easement must be of sufficient width to ensure the development of a viaable accessway. The Commission further finds that only by requiring a ten foot wide access easement pursuant to the Commission's guidelines and adopted standards for public access will the requirements of the Coastal Act be met. 3. Scenic and Visual Qualities. Section 30251 of the Coastal Act States: The scenic and visual qualities of coastal areas shall be considered and protected as a resource of public importance. Permitted development shall be sited and designed to protect views to and along the ocean and scenic coastal areas, to minimize the alteration of natural land forms, to be visually compatible with the character of surrounding areas, and, where feasible, to restore and enhance visual quality in visually degraded areas. / L . - .... I -7- - In order to preserve the scenic qualities of an area and prevent the visual encroachment of buildings onto the beach, the Commission typically requires new development to be set back behind an imaginary stringline drawn between the adjacent structures. The project as proposed by the applicants would extend 32 feet seaward of the "string- line" drawn between the residential structure to the south and the Army-Navy Chapel to the north; decking would extend approximately 48 feet beyond this stringline. The applicants contend that the criterion used to draw the stringline should be modified in this instance, since the Army-Navy Chapel is set 24 feet further back from the shoreline than surrounding structures and is not representative of the general seaward extent of residentiàl development in the neighborhood. They contend that strict compliance with the stringline condition as well as compliance with the vertical access setback and City imposed setbacks would leave little building area. While the Commission believes that adequate area would be retained for the construction of a single-family dwelling, it also recognizes the merit of the applicants' arguements concerning the cumulative restrtctions placed in the develop- ment of their property. For this reason, the Commission believes that a modified stringline condition can be imposed. Pursuant to condition l, the applicants must resite and redesign their--structure so that it extends no further than an imaginary stringline drawn between the adjacent structure to the south and the, structure located two lots to the north (Exhibit 3). The decking on the project may extend no further than the imaginary stringline drawn between the decking on the structure to the south and the southernmost corner of the structure located two lots to the north. To further protect the visual qualities of the shoreline, the applicants must offer to dedicate an open space easement over the bluff-face between the toeof the bluff and the proposed development. The Commission finds that, as conditioned the intent of the stringline to protect visual quality of coastal areas will still be attained. The Commission concludes, therefore, that the development will protect coastal views consistent with the provisions of Section 30251 of the Coastal Act. 4. Hazard. Section 30253 of the Coastal Act provides: New Development shall: (1) Minimize risks of life and property in areas of high geologic, flood, and fire hazard. (2) Assure stability and structural integrity, and neither create nor contribute significantly to erosion, geol'ogic instabliity, or destruction of the site or surrounding area or in any way require the construction of protective devices that would substantially alter natural landforms along bluffs and cliffs... In addition, Section 30251 provides that: "Permitted development shall be sited and designed— to . to minimize the alteration of natural landforms ... 1I The proposed development will be sited on a moderately sloping bluff and bluff-top abutting a sandy beach in a residential neighbor- hood in Carlsbad. According to the Technical Support Paper on Geologic • . -8- - Hazards prepared in conjunction with the draft Local Coastal Program, the area is subject to moderate risk from shoreline erosion which could result in structures along this shoreline eventually being undercut by wave erosion. In addition shorefront structures may be susceptible to damage from severe storm waves. According to the Commission's Interpretive Guidelines on Bluff-top development, such projects must be sited and designed to assure stability and structural integrity for their expected economic lifespars while minimizing alteration of natural landforms., In addition, they must neither create nor contribute significantly to problems of erosion or geologic instability. The Commissith, therefore, finds that the applicants must redesign and resite their proposed development so that it encroaches no further seaward than a 'stringline 1 dran between the structure immediately to the south and the structure two lots to the north, as required in condition 41. In addition, the applicants must register their understanding of the hazards associated with development on this site through the recordation of a waiver of liability as required in Condition 5. The Commission concludes that with these conditions the project can be found consistent with Sections 30251 and 30253 of the Coastal Act. • - 5. Preparation of Local Coastal Program. Section 30604(a) requires that a coastal development permit shall-be--issued only if the Commission finds that the permitted development will not prejudice the ability of the local government to prepare a local coastal program (LCP) in conformity with the provisions of Chapter 3 of the Coastal Act. The draft Carlsbad. Local Coastal Program (September 1980) identifies existing verticalaccessways as being to the south at Cedar Street and to the north at the north end of Ocean Street. The LCP (in Policies and implementation, Section 3.7.6., page 115, Policy 7-1 states that: Since there is a lack of adequate access in the northern portions of the study area, an additional access point shall be provided. The site of this accessway should be a vacant parcel located adj-acent to the Army/Navy Academy at Del Mar Street. This access proposal shall be pert of a development proposal for the site. In addition, the draft Land Use Plan Policy No. 7-14 states that "It is recommended that vertical accessways to the beach generally be at least ten-feet in width." Approval of this prpject with a 10 foot wide vertical access easement would conflict with the draft LCP policy and could result in serious prejudice to the City of carLsbad's efforts to prepare an LCP consistent with Coastal Act policies on Public Access. Only as conditioned can the Commission find the proposed project consistent with Section 30604(a) of the Coastal Act. 'I PRC Toups . February 25, 1981 875-200-0 Mr. Chuck Damm San Diego Coast Regional Commission 6154 Mission Gorge Road, Suite 220 San Diego, CA 92120 Dear Chuck: It has been brought to my attention that the Commission is requiring the Klett property at 2601 Ocean Street, Carlsbad, CA to provide a complete 10 foot wide walkway to the beach. In view of the fact that the City of Carlsbad did not make an allowance for this requirement, but instead required eight (8) on-site parking places to serve three (3) units, I feel some relief should be considered. As you and I have previously discussed, I don't feel that I should meddle in your affairs, however, in this case some interpretations are apparently being made from my report which I did not intend to happen. For example: Policy 7-14 of the PRC Toups report states that vertical accessways to the beach generally be at least ten feet in width. I still feel they should be at least ten feet in width, however, I envisioned this would mean 5 feet along the property line combined with an adjacent owner's 5 feet. This would provide the 10 foot easement without taking building space away from the rather narrow lots. Further, if it is impossible to accept only 5 feet from a specific property owner, it seems logical to allow some compensation in terms of other zoning requirements. For example, why must eight (8) parking spaces be required? It would seem that six (6) spaces would be more than adequate in return for more important beach access. In the final analysis, if a 10 foot easement dedication recuirement of the property at 2601 Ocean Street coupled with eight (8) parking spaces makes it impossible to reasonably design a project that will pay for these items, we all lose. It this is the case, perhaps your staff report should go for 5 feet on not only the lot on 2601 Ocean, but on the other vacant lots in the area as well. The other vacant 50 foot ownership consists of Lots 15 and 16. Two other 25 foot lots also exist in the area. As a last resort, a couple of 5 foot easements in place of a 10 foot easement might be feasible since the beach access here is a local one mainly serving "walk-in" traffic from the surrounding neighborhood. Sincerely, PRC TOUPS d J mes L. Fisk Senior Project Manager JLF:alc D1416 4f A Plarrat., Research Cpniy 1ti)Ii 14) 45-) 1)L_ STATE Or CALIFORNIA—CALIFORNIA CO MISSION EDMUND a BROWN GOrnOr SMA COCO C ISSI IN 6154 MIE,ON GORGE ROAD, SUITE 220 - SAN DIEGO, CAUFONiA 92120--TEL (714) 280-6992 y RECOMMENDATION AND FINDINGS CONTROL NO: APPLICANT: LAST DAY FOR ACTION: P9613 Gordon & Edna Mae Klett 960 Avonoak Terrace Glendale, CA 91206 February 27, 1981 AGENT: Dominy & Rokal Architects 244 Ninth Street - Del Mar, CA 92014 DATE OF PUBLIC HEARING February 6, 1981 VOTE REQUIRED: Majority of Commission members present, with a quorum necessary for action (7 members constitute a quorum). Bates Francis, Galinson, Hedgecock OTHERS SUBMITTING WRITTEN COENTS AT OR PRIOR TO None PUBLIC HEARING: None 2601 Ocean Street, Carlsbad (APM 203-140-28) Construction of 3-unit condominium on vacant parcel (2 stories at street level; 4 stories at beach level). Each unit has three bedrooms. Six parking spaces and two guest spaces (all 8 in 4 tandem sets) provided. COMMISSIONERS ABSENT FROM PUBLIC HEARING: OTHERS WHO SPOKE OR REGISTERED TO SPEAK AT PUBLIC HEARING: PROJECT LOCATION: PROJECT DESCP\IPTICR: Lot area Building coverage Paved area Landscape coverage & unimproved area Parking Zoning General plan Project density Hgt.abv.avg. fin.grade: 2,710 sq.ft. (30%) 680 sqft.( 3%) 5,470 sq.ft. (62%) R-3 Med. High Density RosidntiE11 14.75 dna 39 ft. max. ADDITIONAL SUBSTANTIVE - FILE DOCUMENTS: - Regional Commission File No. P7154 - Carlsbad Local Coastal P.cogram (draft), September 1980 - Regional Commission Interpretive Guidelines - RECOMMENDATION Staff recommends that the San Dieqo Coast peional Commission ISSUE a development permit for the proposed project subject to the following special conc3itouf -. 2-17--21 •. I Recommendation and Findings P9613 Page - SPECIAL CONDITIONS: 1. Prior to the transmittal of a coastal development permit for this project, the applicant shall submit revised site and building plans for review and acceptance in writing by the Executive Director. Said plans shall show no portion of the proposed buildings and decks extending farther seaward than the "stringline" shown on the attached exhibit "A" (the applicant's site plan). The redesigned building shall be for no more than three units, shall not exceed the height and bulk of the previously proposed building, and shall provide parking in accordance with Regional Commission Interpretive Guidelines with tandem parking being allowed provided that one tandem set is used by no more than one unit.. 2. Prior to the transmittal of a coastal development permit for this project, the applicant shall record an irrevocable offer to dedi- cate to the City of Carlsbad or other public agency or private association approved by the Executive Director.. Said irrevocable offer shall be an easement for public access from Ocean Street to • the beach and shall be no less than 10 feet in width and shall be located along the applicant's south property line. Said easemeut shall be recorded free of prior liens or. encumbrances except for tax liens. The offer shall be irrevocable for. 21 years-, running from the date of recordation and shall run with the land and shall be binding on all successors and assigns of the-applicant. 3. Prior to the transmittal of a coastal development permit for this - project, the applicant shall record an irrevocable offer to dedi- cate to the City of Carlsbad or other public agency- or private association approved by the Executive Director. Said irrevocable offer shall be an easement for public access and passive recreational use on that portion of the applicant's property lying seaward of the "beach line" as shown on the attached Exhibit "A" (the applicant's site plan). Said easement shall be recorded free of prior liens or encumbrances except for tax liens. The offer shall be irrevocable - for 21 years, running from the date of recordation and shall run with the land and shall be binding on all successors and assigns of the applicant. - FINDINGS: 1. Conformity. with the Provisions of Chapter 3of the California Act OIL 1976 - Section 30604(a) of the California Coastal Act of 1976 requires that the Regional Commission find, prior to issuance of a permit, that the proposed development is consistent with the provisions of Chapter 3 of the Coastal Act. The Commission finds that this proposed development, as conditioned, is consistent with the Chapter 3 policies. Additional consistency findings arc made below. Recommendation and Fi•ns I F9613 Page 3 The applicant proposes to construct a three-unit condominium project on a currently vacant parcel. The project will be 23 ft. high (2 stories) at street level and 39 ft. (4 stories) at beach level. Each unit will have three bedrooms and approximately 2,000 sq. ft. The exterior finish of the building will be cedar shingles. The parking to be provided consists of six garage spaces (3 tandem sets) for the three units and two guest spaces (in tandem), all with access from Ocean Street. The building is proposed to extend approximately 92 ft. seaward from curb line and decks will extend andther 18 ft. for a total of 110 ft. seaward encroachment. The building to the north extends approximately 68 ft. from curbiine and the next building to the north extends approximately 98 ft. Additionally, improvements (BBQ and benches) exist to the north which extends 2854 ft. The building to the south extends approximately 80 ft. and decks for an additoinal 16 ft. (total of 96 ft.). The proposed building and decks thus extend 25-50 feet beyond the "strict" building and deck stririgline. (-See site plan attached to project summary). The project site is located directly south of the Army and Navy Acadamy. The building Lmiediately to the north is the academy chapel. The residence immediately to the south is a two-story at street-level and three-story at beach level building. Other development in the area is residential. Other development has improvements (decks-, patios, walls, etc.) of varying seaward encroachment. The most applicable Coastal Act sections -are: Sectioi30211 - Development shall not interfere with the public's right of aczess to the sea where acquired through use or legislative authorizatiOn including, but not limited to, the use of dry sand and rocky coastal beaches to the first line of terrestrial vegetation. Section 30212 - Public access from the nearest public roadway to the shoraline and along the coast shall be provided in new development projects except where (1) it is inconsistent with public safety, military security needs, or the protection of fragile coastal re- sources; (2) adequate access exists nearby, or; (3) agriculture would be adversely affected. Dedicated accessway shall not be required to he opened to public use until a public agency or private association agrees to acect responsibility for maintenance and liability of the accessway. Section 30250(a) - New development... shall be located within, contiguous with, or in close proximity to, existing developed areas able to ac- comniodate it.,, .and where it will not have significant adverse effects, either individually or cumulatively, on cbastal resources. Section 30251.1 - The scenic and visual qualities of coastal areas shall he considered and protected as a resource of public importance. Per- mitted development shall he sited and designed to protect views to and along the ocean and scenic coastal areas, to minimize Lhe alteration - 3 - Recommendation and *in'gs F9613 Page 4 of natural land forms, to be visually compatible with the character of surrounding areas, and, where feasible, to restore and enhance visual quality in visually degraded areas. Section 30253 - New development shall: (1) Minimize risks to life and property in areas of high geologic, flood, and fire hazard. (2) Assure stability and structural integrity, and neither create nor contribute significantly to erosion, geologic instability, or destruction of the site or surrounding area or in any way require the construction of protective devices that would substantially alter natural landforms along bluffs and liffs..J(5) Where appropriate, protect special corn- raulnitias and neighborhood which, because of their unique characteristics, are popular visitor destination points for recreational uses. The proposed development would, as conditioned, be consistent with surrounding development and would preserve the scenic and visual qualities of the area. The buildings as proposed, would extend seaward of a stringline' drawn - between the two adjacent buildings and would result in a new precedent being set for the seaward extent of development. The proposed development would not protect views to and along the coast and would not be compatible with the scenic and visual qualities of the area and thus would not be consistent with Section 30251. As cqnditioned, the project is consistent with Section 30251. The height, bulk, and use of the proposed building are compatible with surrounding development and the project is consistent with Section 30250(a). - The access do'nsiclerations of this project are discussed in Sections 3 and 4 below. The proposed project is designed with tandem parking. The Commission generally, does not nlrefer the use of tandem parking, especially in areas in close proximity, because of accompanying problems with traffic and usefulness. Also, the three units prorosed for this site when combined with required parking, and the somewhat constrained site, produce a building with considerable bulk. Were it not for the considerable public benefit to he gained through increased access, the proposed building design may not have been acceptable. In summary, the proposed project, as conditioned, and only as conditioned, is consistent with all Chapter 3 policies and is not anticipated to result in any substantial adverse impacts on coastal resources or qualities. 2. PreviousCommission Action - The Commission has previously considered another project on this site (F7154, July 1978, Marinella). The project was for three, 2-bedroom units with 24 feet in height above Ocean Street and 27 feet at the beach level. The building was proposed to-extend seaward to the extant of the building to the south. The building did not observe a "strict" "string1ine. The project was approved with special conditions for lateral beach access, a five- foot wide vertical access from Ocean Street, and assignment of parking spaces. The permit conditions were not fulfilled and the permit has expired. - This approval is consistent with past Commission action. . 0 Recommendation and Findings F9613 Page 3. Access - The proposed project is located in a developed urban area. The nearest existing access points to the beach are at Grand Avenue (approximately. 1,200 ft. to the south) and the north end of Ocean Street (approximately 600 feet to the north). The applicant's property has been identified in the Local Coastal Program draft as a location at which additional access should be provided. The LCP is also discussed below in Section 4. Section 30212 of the Coastal Act requires that public access to and along the coast be provided in new-development. except where adequate access exists nearby. The Commission finds that adequate access does not exist nearby and that the access easements are necessary to fulfill Section 30212.. 4 Preparation of Local Coastal Program - Section 30604(a) also requires that a coastal development permit shall be issued only if the Regional Commission finds that the permitted development will not prejudice the ability-of the local government to prepare a local coastal program (LOP) in conformity with the pro- visions of Chapter 3 of the Coastal Act. The draft Carlsbad Local Coastal Program (September 1980) identifies existing vértical accessways as being to the south at Cedar Street,- to the north at the north-end of Ocean Street, and a private access nearby at the Army and Navy Academy. The LCP(in Policies and Imple:entation, Section 37.6, page 115, Policy 7-1) states that: "Since there is a lack of adecuate access in the northern portions of the study area, an additional access point shall he provided. The site Of this accessway should he a vacant parcel located adjacent to the Army/ Navy academy at Del Mar Street. This access proposal shall be part of a development proposal for the site." Approval of this project without Special Condition No. ..Z would be In conflict with the draft LOP policy and could result in serious prejudice to the City of Carlsbad's LOP preparation abilities. The LOP has identified an access defi- ciency and has recommended that additional access be provided.. The project, as conditioned, has been found to be consistent with all applicable Coastal Act policies and should not result in any serious prejudice to the City's LOP preparation abilities. - 5. Feasible Alternatives of Mitigation Measures - Alternatives to the proposed project would be a greater or less number of units or the "no project" alternative. A greater number of units would likely result in substantial adverse impacts as the height and bulk of the proposed building would be greater to accommodate the increased number of units. This would result in possible conflict with Section 30250(a) and 30251. There is also the possibility that adequate parking would not he provided in suhstantialiy less environmental impact. The "no project" alternative also would not result in substantially less impact E nd would not allow the owner the ability to develop his property. There would not be substantially grcatir public access or other benefits other than the -i-;-. Recommendation and Filing - I F9613 Page acccssway to be gained from the "no project" alternative. There are no additional mitigation measures which would result in a project with substantially less environmental impact. NOTE IO ?PICT PJ OTRET PERSS:/L Color slides pertaining to this project may be shown to the Commission at the time of th Final Vote Those wishing to see these slidcs as well as other recent material rcceivcd pursuant to this application, are welcome to do o at the Côrn.ssions offices prior to the day of the Commission. i'neeting IMPORTANT Jill appeals of Regional Commission decisions must be received in the State Conunission office not later than 10 worming days from the date of thá Regional Conriission 1 s decision. Appeal forms are available at the Regional CQlanission officc --6-- PAC 1 0613 flOTI CE t:o 'd'rJCZTS : All perni. is granted by the San Dteqo Coast Fegi enal Commi;ioil are uabect to the follo-wing standard terms .atiçl coclitions and standard L OVJ.SIOflS .. STANDAFD TFNS .r\ND Ol1)TTtONS: 1. That the applicant agrees to adhere strictly to the current plans for the project as approved by the Regional Commission. 2. That the applicant agrees to notify the Regional Commission (or State Commission if there is no Regional Comrnission) of any changes in the - project. 3.. That the applicant will meet all the local code requi-rements and ordinances- and obtain all necessary permits from State and Federal Agencies. 4. That the ap-plicant agrees to conform to the prrait rules and regula- tions of the California Coastal Commission. 5. That the applicant agrees that the Commission staff may make site inspections of the project during construction and upon completion. Terms and Conditions are to run with the land.- These terms and condi- snall be perpetual and it is the intention of the parties to bind al], future owners and possessors of the subject property to said terms and conditions. J. STANDD PROVISIONS: l STRICT COPLIANCg: Per;nittee is under obligation to conform strictly to permit under penairies cstablished by California Coastal Act of 1076. 2. TINCLY DR FLOP NT AND CONPLETT.O:i: Permittee shall commence cleveloo- irtent within two years following final approval of the project by the San Oig co Regional Commission. Construction shall be pursued in a diligent manner and completed within a reasonable period of time. 3. REQUEST FOR EXTENSIONS: Permittee may request; an extension of time for the comncncerncnt of construction provided the request is applied for prior to expiration of the permit. 4. AsSICW\RILTrPY OP PERNTT: This permit is. not assignhle unless the per- rtittcc's obligations under the permit arc assumed by assijuee in writing within oniyear and a copy of the required assumption agreement delivered to the Regional Commission or State Commission if there is no Regional Commission. 5, 7.PPE1\t Unless appealed to the State -Commission within ten (10) working clays followinq final action by the San Diego Coast Regional Commission, all terms and conditions shall be final. 6. Dl'SCt.\l.NER: ' The permit is in no way i nicndecl to affect the rights and oh] iqation:; 110ro Ere existi sq unclr private ircement; nor to affect the exis 311g regul t: ;ns ol oLlier puli 1 i c boI i es. 7. PF1;ITPFR TO '1:TWE COP'i': TI , permit. shall. not be val (i uni s; within ten ()0) w(u k irq cLty:; ''j t t.t': ret.urs it siynct copy acki wi_edging •it_wL; to -7 \ \ C •.y .", . 6 \ S \\\ 4 'y P.1.'\ '.'..:'o' 1;' . •\ \ (_\ C.CFT.) \ _ 'S -7 .- 'z- •'/ .1 ) . EXlTIt1 Ufl.DG 3 C '\ C qU.s E2JIJ.N \, -\H -- 221 22 .. 1,7 —°—I1 \ Lt- '• ' C(TP.Y \\ XS'TIG (3LJLP?C - jWAK- 13 -- - S.,. \ 57rt( •5 L ' DEVELOPMENTAL SERVICES • Assistant City Manager (714) 438-5596 • Building Department (714) 438-5525 • Engineering Department (714) 438.5541 • Housing & Redevelopment Department (714) 438.5611 • Planning Department (714)438.5591 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 January 21, 1981 Jim Kelly-Narkuin 1049 Camino Del Mar, Suite 6 Del Mar, California 92014 RE: cP-132 A preliminary check of the proposed three unit condominium project has revealed the following concerns: 1. The trash area is inadequate in size and must be enlarged. 2. At least 480 cubic feet of enclosed storage space accessible to the outside must be provided for each unit. 3. The Engineering Department has informed the Planning Depart- ment that a ten foot wide storm drain easement will be re- quired along the southerly property line to replace the ex- isting pipe. The site plan should be revised to reflect this requirement. 4. The Engineering Department has also informed the Planning Department that city standards do not permit rrore then a 30 foot wide curb cut to serve any one parcel. The site plan for the proposed project should also be revised to reflect this requirement. 5. The elevations of the proposed building shall be revised to a maximum building height of 35 feet. The above mentioned problems must be resolved before the Planning De- partment can approve the requested condominium permit. If you have any questions regarding this matter please feel free to contact this office. Sincerely, , 9 ~- ~ W", ~--' - MIKE HOWES Assistant Planner NH: j 1/22/81 . 11 December 4 1980 Engineering Department and Planning Commission City of Carlsbad 1200 E. Elm Carlsbad, California 92008 Dear Sirs: Re: Minor Subdivision 504 Case File: V-312 Regarding the above cited request for Variances as cited:. We are the owners of the adjacent property on the south side viz. 2605-7 Ocean Street. We are opposed to all the requested Variances. The request for an Increase In the building height would be even more oppressive for our neighboring property than the 35 feet currently permitted. The setback requirements on the front would make access to our current garage im- possible. Without the setback requirement it is difficult to concieve of any practical us, for our current parking facility viz, our two car garage. Although I understartd that the requested side yard setback does not involve our south side it would certainly press the building close to the School Chapel and obliterate any street view of the ocean or beach. Thank you. Sincerely, Richard K. Dickey, MD. Carol •L. Dickey . RIE1[VEI3 -i r) 1980 CITY OF CARLSBAD P ngjnsaring Departrnefl, . 0 DOMINY & BOKAL ARCHITECTS 244 Ninth Street Del Mar, California 92014 (714)481-8244, 453-0548 Received A. Lewis Dominy, AlA Richard D.Bokal,AIA NOV 19 1980 November 18, 1980 CITY OF CARLSBAD Catherine Nicholas Planning Department City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Ms. Nicholas: Per our meeting yesterday afternoon, enclosed please find ten copies each of the revised Site Plan, indicating 26' back up aisles, and exterior elevations of Service Building A and B. Should you require additional information,. please give me a call. Sincerely, Richard D. Bakal RDB/mmd Enclosures . . DOMINY & BOKAL ARCHITECTS 244 Ninth Street Del Mar, California 92014 (714) 481-8244,453-0548 A Lewis Dominy, AlA Richard S. Bokal, AlA November 14, 1980 TO: CARLSBAD PLANNING DEPARTMENT SUBJECT: Supplemental Information for Revised Variance Application City of Carlsbad Reference: V-312 1. Building heights in the neighborhood: (measured from street elevation) Army and Navy Academy Administration Building 55' 0" Chapel (1 parcel north of site) 26' 6" 2609 Ocean Street 13' 6" —2623 Ocean Street (V295) 26' 0" Approved 12/12/79 2608 Ocean Street 20' 6" 2459 Ocean Street 24' 0" 2723 Ocean Street 20' 0" 2729 Ocean Street 19' 0" 2731 Ocean Street 18' 0" 2747 Ocean Street 20' 0" 2775 Ocean Street 22' 0" 2. The proposed height of the building subject to this Application has been' reduced: Original Revised West Elevation 43' 6" 41' 6" East Elevation 25' 6" 23' 6" . I STAFF REPORT DATE: January 14, 1981 TO: Planning Commission FROM: Planning Department SUBJECT: V-312, DOMINY, Request for Variances to reduce the required front yard setback to 5 feet, to allow parking in the required front and side yards, to allow tandem parking, and to exceed the 35' height limit by construction of a 41' - 6" condominium building on property generally located on the west side of Ocean Street between Beech Street and Cypress Avenue in the R-3 zone. Continued from the Planning Commission meeting of December 10, 1980. I. PROJECT DESCRIPTION As the Commission will recall, this request was originally heard at the meeting of December 10, 1980. The applicant was requesting approval of four variances to the zoning ordinances, specifically: 1) To reduce the required front yard setback to 5' for the building. 2) To reduce the required front and side yard setbacks to 0' for required parking spaces. 3) To allow tandem parking. 4) To exceed the 35' building height limitation by construction of a 41' - 6" building. II. DISCUSSION During discussion of the various requests, the Commission expressed concern regarding the proposed building and visitor parking in the front and side yard setbacks and less concern with the proposed building setbacks and resident tandem parking. The Commission then directed staff to work with the applicant to resolve these concerns. Members of the planning staff and a representative of the Fire Department have met with the applicant, in the interim, to address these concerns. As shown on Exhibit "B", the applicant has revised the design to eliminate the need for the height Variance. All other requests remain unchanged. . I At this meeting, the concerns regarding potential fire hazards were discussed. Battalion Chief Brian Watson, of the Fire Department, expressed no serious objection to the proposed reduced setbacks, from a fire-fighting standpoint. (Please see attached memorandum from the Fire Department, dated January 7, 1981. As previously discussed in the attached staff report of December 10, 1980, staff has numerous concerns regarding the potential impacts and precedent-setting nature of approval of the requested Variances. In re-evaluating this project, staff is still unable to make the findings required for approval of the Variances. Staff feels, further, that the cumulative effect of all the requested Variances additionally compounds their potential impacts. For all the reasons discussed in the staff report, dated December 10, 1980, staff recommends that the project be redesigned to bring it into conformance with the Zoning Ordinance. III. ENVIRONMENTAL REVIEW This project is exempt from environmental review per Section 19.04.070(F) (4) of the Environmental Ordinance. IV. RECOMMENDATION It is recommended that the Planning Commission ADOPT Resolution No. 1736, DENYING V-312, based on the findings contained therein. ATTACHMENTS PC Minutes of December 10, 1980 Staff Report dated December 10, Memorandum from Fire Department PC Resolution.No. 1736 Background Data Sheet Location Map Reduced Site Plan Disclosure Form 1980 dated January 7, 1981 Exhibit "A" dated May 12, 1980 Exhibit "B" dated January 7, 1981 Exhibits "C" and "D" dated November 17, 1980 CDN:ar 1/7/81 -2- . I RESOLUTION NO. 1733, RECOMMENDING APPROVAL FOR AN AMENDMENT TO A 40 UNIT TENTATIVE TRACT MAP AND CONDOMINIUM PERMIT TO ADD 10 ADDITIONAL UNITS TO A PROJECT ON EL CAMINO REAL, NORTH OF SWALLOW LANE, WITH AN AMENDMENT TO EXHIBIT G CHANGING "FUTURE STREET WIDENING" TO "PROPOSED STREET WIDENING". MOTION: COMMISSIONER LARSON SECOND: COMMISSIONERROMBOTIS AYES: CHAIRMAN MARCUS, COMMISSIONERS ROMBOTIS, LARSON, LEEDS, FRIESTEDT, L'HEUREUX AND JOSE. 4. V-312/PCD-27, DOMINY - Request for variances to reduce the required front and side yards to 0 1 , to allow tandem parking, and to exceed the 25' height limit by construction of a 41' - 6" condominium building on property generally located on the west side of Ocean Street between Beech Street and Cypress Avenue in the R-3 zone. Mike Holzmiller advised that the request for variances was to allow the applicant to develop a 3 unit condominium project. He pointed out that there had been differences of opinion between the applicant and staff over the zoning ordinance and he further brought to the Commissioners' attention that it was important to keep in mind it was necessary to make four specific findings before a variance can be approved. Therefore the discussion should focus on whether each of the findings can be made with respect to the variance requests. Also, he indicated the Commission should consider the cumulative effect of the variances. Bill Hofman, with the aid of a wall map exhibit, showed the location of the building, parking in side and front setbacks, tandem parking and the building height which exceeds the height limitation for the R-3 zone. He advised that staff could not make the previously mentioned four mandatory findings and, in addition, the cumulative effect of approving so many variances was also a factor in recommending denial. Chairman Marcus then opened the public hearing at 7:42 P.M. The Commission recognized Mr. Ronald Knoll, an Attorney with Hicks, Fletcher & Mack, representing the applicant, who advised it is the owner's intention to occupy one of the units with a second being occupied by his son. He indicated that the type of development proposed conforms with the R-3 zoning for the area and to build the structure as envisaged the owner needs the variances requested. Mr. Knoll then covered each of the variance requests and, with the aid of the wall map exhibit, indicated the irregular shape of the 1st, placement of the building and the proposed parking. As regards height, Mr. Knoll showed, with the aid of photos, how the height of neighboring properties exceeded those of this structure and stressed that the building would be no taller than any other on Ocean Street. On the subject of fire hazards, Mr. Knoll advised that discussions had been held with the Fire Department who adivsed that they had no objections to the proposed structure. He also drew to the attention of the Commission Paae 5 . the fact that as a result of this project, the street would be widened and realigned to remove the jog at that point and a sidewalk would also be added. The Commission then recognized Mr. Gordon Klett of 960 Avonock Terrace, Glendale, the owner of the lot. Mr. Klett advised he had purchased this property in 1979 with the specific purpose of building a condominium on It. One unit was intended to be a second home and eventually their per- manent retirement home, with at least one other unit occu- pied by members of his family. He expressed the feeling that the project reflected quality in the neighborhood and would be of benefit in upgrading the area. He further expressed the hope that the Commission would agree to the variances to allow them to occupy their dream home. The next speaker to be recognized was Mr. Lou Dominy of Dominy & Bokal, 244 Ninth Street, Del Mar, the Architect on this project. Mr. Dominy commented that he felt there should be no problem in granting the variances given the irregularities of the lot and it was felt the project did not exceed any of the requirements on this street. He further pointed out that he had gone to great lengths to provide extra parking for this project and felt what was now offered conformed with requirements. The Commission then recognized Mr. Raymond Eade who resides at 2600 Ocean Street. Mr. Eade stated that he lived dir-, ectly across from this project and, after examining the plans, wished to advise that he felt it would be a definite asset to the area and he was in favor of the application. Speaking against the project, the Commission recognized Mrs.. Carol Dickey, 2605-2607 Ocean Street. Mrs. Dickey advised that she was the immediate neighbor on the south side of the proposed project. Mrs. Dickey indicated that she agreed with the Planning Department regarding the cumulative impact of the number of variances requested and she pointed. out that other problems also existed such as the projection. of the chimneys and balconies. She expressed her feeling that there were no extenuating circumstances to allow the vari- ances and the granting of them would set a precelent for further variances on Ocean Street. The next speaker was Dr. Ray Mulland, 2617 Ocean Street.. Dr. Mulland advised that he had resided here for 23 years and in that time had seen a great many changes. He indi- cated that, while he sympathized with Mrs. Dickey, he was in favor of the tandem parking because of the difficulties always encountered along the beach with the lack of parking. He felt that any restrictions in the plan which would take away some parking would be a grave mistake. Dr. Mulland informed the Commission that he had no objections to any of the variances. The public hearing then closed at 8:20 P.M. Page 6 The Cornmssionere 1 t the tandem parking arbuildin9 set- backs would not cause any particular problems. The CQXR- mission was concerned, however, with the building height and visitor parking in the front and sideyard setback and suggested the applicant work with staff to address these concerns. After discussion by the Commissioners concerning various concerns regarding the variances and upon advice from the Assistant City Attorney, the following motion was adopted: THAT THE PUBLIC HEARING BE REOPENED AND THAT THIS ITEM BE CONTINUED TJNITL JANUARY 14, 1981, AND THAT STAFF BE DIRECTED TO GET TOGETHER WITH THE APPLICANT TO SEE IF DIFFERENCES CAN BE RESOLVED TAKING INTO CONSIDERATION THE COMMENTS COMMISSIONERS HAVE MADE. MOTION: COMMISSIONER JOSE SECOND: COMMISSIONER ROMBOTIS AYES: CHAIRMAN MARCUS, COMMISSIONERS ROMI3OTIS, LARSON, LEEDS, FRIESTEDT, L'HEUREUX AND JOSE After further discussion the Commission then directed Staff to prepare a study on development standards on Ocean Street especially height. RECESS The Commission recessed at 8:50 P.M. and reconvened at 9:07 P.M. 5. CT 7-9--25(A),-RANCHEROS - An amendment to an approved 99 unit Tentative Tract Map relating to phasing and street dedication and improvements located on the east side of El Fuerte Road, south of Alga Road extended in the P-C Zone. Mike Holzmiller introduced the Staff Report and explained the modifications, indicating that the Planning Commission had previously seen the project as a discussion item at the October 22, 1980 meeting. Chairman Marcus opened the public hearing at 9:10 P.M. and, since no one wished to speak on this application, the hearing was then closed. The Commission then adopted the following resolution: RESOLUTION NO. 1734 RECOMMENDING APPROVAL OF AN AMENDMENT TO A 99 LOT TENTATIVE TRACT MAP RELATING TO PHASING AND STREET DEDICATION AND IMPROVEMENTS ON PROPERTY GENERALLY LOCATED SOUTH OF ALGA ROAD, EAST OF EL FUERTE STREET IN THE P-C ZONE. MOTION: COMMISSIONER JOSE SECOND: COMMISSIONER L'HEUREUX AYES: CHAIRMAN MARCUS, COMMISSIONERS ROMBOTIS, LARSON, LEEDS, FRIESTEDT, L'HEUREUX AND JOSE. Page 7 S STAFF REPORT DATE: December 10, 1980 TO: Planning Commission FROM: Planning Department SUBJECT: V-312/PCD-27 - DOMINY - Request for Variances to reduce the required front yard setback to 5 feet, to allow parking in the required front and side yards, to allow tandem parking, and to exceed the 35' height limit by construction of a 41 1 -6" condominium building on property generally located on the west side of Ocean Street between Beech Street and Cypress Avenue in the R-3 zone. I. PROJECT DESCRIPTION The applicant is requesting the subject variances in order to develop a three unit condominium project, on a .19 acre parcel, located as described above. The subject property is a irregularly shaped vacant lot, sloping downward from Ocean Street to the beach. The applicant is requesting four variances to the zoning ordinance as follows: 1) To reduce the required front yard setback to 5' for the building. 2) To reduce the required front and side yard setbacks to 0' for required parking spaces. 3) To allow tandem parking. 4) To exceed the 35' building height limitation by construction of a 41 1 -6" building. As shown on Exhibit "A", the applicant has designed the project assuming a realignment of his front property line and Ocean Street. The design is based on a request, initiated by the applicant, for vacation of approximately 300 square feet of right-of-way on the west side of Ocean Street in front of the subject property which was made on November 18, 1980. In response to the request, the City Council adopted a Resolution of Intention to vacate that portion of Ocean Street. The applicant is prepared to acquire and dedicate 680 sq.ft. of additional land on the east side of Ocean Street in exchange for the right-of-way vacation. The proposed land exchange and vacation is in conformance with an Ocean Street alignment approved by Council in February 1980. . S In accordance with state law governing acquisition and vacation of land, the proposed exchange was evaluated for conformance to the General Plan. Staff found the exchange to be consistent with the general guidelines of all applicable elements of the General Plan. A finding, to that effect, has been attached to this report for Commission adoption under separate resolution. This resolution will be forwarded to the City Council, to be considered with the proposed exchange. As staff is recommending approval of the land exchange and vacation, staff has proceeded with an evaluation and recommendation on the requested variances. Any subsequent approvals would be contingent upon the successful vacation and exchange of right-of-way. II. ANALYSIS Planning Issues 1) Can the four mandatory findings, required for the approval of a variance, be made for each request specifically: a) 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. b) 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 denied to the property in question. c) 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. d) That the granting of such variance will not adversely affect the comprehensive general plan. III. DISCUSSION Front and Sideyard Setbacks In 1971 the Planning Commission adopted Resolution No. 709, subsequently upheld by the City Council, denying a request -2- . S for a variance to reduce the required front yard setback from 20' to 1.5' and the sideyard setback from 5' to 3 1 , for the subject property. In the same resolution, the Planning Commission approved a reduction to 5' for the required front yard, citing other non-conforming setbacks along Ocean Street. The applicant is requesting a reduction in the required front yard from 20' to 5' to accommodate building placement and a reduction in the front and side yard to 0' to accommodate tandem guest parking. The zoning ordinance makes provision for modification of front yard setbacks for lots intervening between other lots having non-conforming front yard-s. The ordinance specifies, however,that in no instance shall the front yard be reduced greater than 60% (12 feet) of the required front yard depth. Staff has several concerns regarding the proposed reduction of the yard setbacks. Numerous variances have been granted along Ocean Street for reduced front and side yards. Consistently, these reductions have been to approximately 5 1 , predominately on substandard lots. Placement of the subject building, itself, would require the front yard to be reduced to 5 1 , generally consistent with adjoining buildings. Design of the tandem guest parking would require that both the front and side yard setbacks be reduced to 0 1 . Taken together, staff feels that this would be inconsistent with other properties and contribute to existing congestion in the area. Although the subject property is somewhat irregularly shaped and has sloping topography similar to all other lots on the west side of Ocean Street, this lot has more buildable area and street frontage than the majority of surrounding lots. While reduced yards have been commonly granted to 5 1 , other properties in the vicinity do not enjoy 0' front and side yards for required parking. Staff is, therefore, unable to make the required findings that exceptional or extraordinary circumstances are applicable to this specific property nor that the subject property is being denied a substantial property right enjoyed by other property in the same vicinity. Staff had additional concern that approval of reduced setbacks could be materially detrimental to the public welfare. The west side of Ocean Street presents a unique situation from a fire-fighting standpoint. The developments have access from only the street side. This access is further restricted by the general congestion of the area and the close proximity of existing buildings to one another. Staff feels that further reductions in setbacks would compound existing fire hazards and set a dangerous precedent for future developments. The Fire Department has indicated that they do have concern with the subject project as presently proposed and especially the reductions to the side yard setbacks. -3- . S Tandem Parking Staff had difficulty with the proposed yard.reductions and tandem parking from a design perspective. The proposed guest parking would be inconvenient and difficult to use. Aside from the obvious problems when the first guest chooses to leave prior to a second, the first stall would be difficult to enter and exit. A vehicle would have to maneuver between a wall. and the property line, overhanging the walkway. Not only would this impair access to the rear units, the position of the wall, relative to the property line, would make it impossible for a driver or passenger to exit from the vehicle. In all probability a vehicle would not pull fully into this space, causing a second guest vehicle to overhang into the public right-of-way. Passengers in the second vehicle would have similar difficulty exiting from their vehicle, due to the proximity of the 6' wall along the side property line. With respect to the driveway for guest parking causes the maximum standard of 40% of p lots (Section. 20.16.040(1)). required for the condominium property may not be approved frontage. frontage, the second driveway project to exceed the city's operty frontage on residential A parcel map which will be permit approval on the subject because of the excessive driveway The zoning ordinance permits tandem parking within the front yard setback for substandard frontage lots (width of less than 50') provided that the front yard building setback be no less than 20'. The subject property is not substandard in width since the building will not be setback 20 feet. Therefore, a variance for tandem parking is required. While staff had less concern with tandem parking for the required resident parking, the 8½' stall width would make access to and exit from vehicles very difficult, and access to storage and the stairway to the units, nearly impossible. As previously mentioned, however, staff did have even more significant concern over providing guest tandem parking, due to impaired accessibility-to the units and to the rear of the property, to passengers entering and exiting vehicles, and useability of the spaces due to design constraints. Due to the sloping topography, common to all lots of the west side of Ocean Street, limited area exists to provide the required amount of parking on-site. Although one instance of tandem parking was observed by staff in the area, the project appeared to maintain required setbacks. Staff could find no variances approved for tandem parking in the area. It would not appear, therefore, that the subject -4- . S property is being denied a substantial property right enjoyed by other properties. Compounded by the additional design considerations, staff must recommend denial of this variance. Height Limit The final requested variance is to exceed the 35' height limit by construction of the 41'6" building. Staff, again, could not make the findings required for approval of this variance. Although the property is irregularly shaped, the lot has more buildable area than many of the lots which are substandard, along Ocean Street. Additionally, the sloping topography is common to all other lots on the west side of Ocean Street. Staff is, therefore, unable to find that there are exceptional circumstances applicable to this particular parcel. The subject property is bordered to the south by a split level development, approximately 10' in elevation at street level, and to the north by the Army-Navy Academy Chapel, approximately 25' at the same level. Staff was, again, unable to find that approval of the height variance was necessary for the preservation of a property right. Most all other developments, on the west side of this block, are one level at the street and conform to the 35' height limit of the zoning ordinance. Only one variance for height has been granted by the Planning Commission on Ocean Street. On March 26, 1980, the Commission approved a variance to construct a 14 unit motel, not to exceed 40 1 . Although some developments, exist on the west side of Ocean Street in excess of 35 1 , none have received approval of a variance. Staff is concerned that granting of a variance for height will set a definite precedent for future developments in the area. Staff is of the opinion that maintaining height limitations is most important in the sensitive beach areas. Approval of variances for height could have numerous potential impacts on other properties and the public welfare. Aesthetically, increased heights, particularly with reduced setbacks on Ocean Street creates a wall effect. Exceeding height limits would also obstruct the views of numerous properties. Finally, such variances.would,. at certain hours, block the sun on public beaches. Due to the inability to make the required findings and the ramifications of setting such a precedent, staff would recommend against approval of a variance for height. -5- . . In evaluating this project, staff was unable to make the findings required for approval for any of the requested variances and additionally felt that such approvals could be detrimental to the public welfare. As the applicant is requesting several variances to the zoning ordinance 1 it was difficult for staff to overlook the cuinmulative effect of the variance requests. Staff has previously recommended to the applicant and would continue to recommend that the project be redesigned to bring it into conformance with the Zoning Ordinance. Environmental Review This project is exempt from environmental review per Section 19.04.070(f) (4) of the Environmental Ordinance. IV. RECOMMENDATION It is recommended that the Planning Commission ADOPT Resolution No: 1736, DENYING V-312, based on the findings contained therein, and Resolution No. 1737, finding the proposed acquisition and vacation of land to be in conformance with the General Plan. ATTACHMENTS PC Resolution No. 1736 and 1737 Background Data Sheet Location Map Reduced site plans and elevations Disclosure Form Exhibit "A" dated May 12, 1980 Exhibits "B","C","D" dated November 17, 1980 CDN:ar 12/4/80 S Zoning Land Use North R-3 South R-3 East R-3 West Ocean Army-Navy Academy Ocean Single Family Residence Duplex Single Family Residence Duplex 6 BACKGROUND DATA SHEET • CASE NO: v-312 APPLICANT: IX)MINY REQUEST AND LOCATION: Reduce the requir ed, front & aide yards to 0'.prntt tanceni parking and exceed the 35' height limit by construction of a 4216 condominium building on the west side of Ocean Street between Beech Street and Cypress Avenu. LEGAL DESCRIPTION: Lot 1 in Block "A" of Hayes T.rn9 Cn addition i-n Carlsbad,--Map No. 2, according to map thereof No. 1221, filed November 4, 1909 and a portion of Lot 1, in Block 2 of Oceanside addition to Carlsbad according to rrp thereof No. 893, filed in the office of the County Recorder. Assessors Parcel Nuniber: 203 - 140 - 28 Acres .19 No. of Lots 1 GENERAL PLAN AND ZONING General Plan Land Use Designation Density Allowed 20-30 Density Proposed 15..8 Existing Zone R-3 Proposed Zone R-3 Surrounding Zoning and Land Use: PUBLIC FACILITIES School District Carlsbad Unified - Agreement dated September 8, 1980 Water District City of Carlsbad Sewer District EDU's Public Facilities Fee Agreement, dated Septeer B, 1980 (Other: ENVIRONMENTAL IMPACT ASSESSMENT Negative Declaration, issued E.I.R. Certified, dated . 0 0 • I PLANNING COMMISSION RESOLUTION NO. 1736 2 A RESOLUTION OF THE PLANNING COMMISSION OF' THE CITY OF CARLSBAD, CALIFORNIA, APPROVING 3 VARIANCES TO REDUCE THE REQUIRED FRONT YARD, TO ALLOW PARKING IN THE REQUIRED FRONT AND 4 SIDE YARD, AND TO PERMIT TANDEM PARKING FOR A CONDOMINIUM BUILDING GENERALLY LOCATED ON 5 THE WEST SIDE OF OCEAN STREET BETWEEN BEECH STREET AND CYPRESS AVENUE. APPLICANT: DOMINY 7 CASE NO: V-312 8 WHEREAS, a verified application for certain property, to 9 Wit: Lot 1 in Block 'A" of Hayes Land Co. addition to Carlsbad, 10 Map No. 2, according to map thereof No. 1221, filed November 4, 1909 and a portion of Lot 1, in Block 2 of Oceanside addition to Carlsbad according to map theeof 12 No. 893, filed in the office of the County Recorder. 13 has been filed with the City of Carlsbad, and referred to the 14 Planning Commission; and 15 WHEREAS, said verified application constitutes a request 16 as provided by Title 21 of the Carlsbad Municipal Code; and 17 WHEREAS, the Planning Commission did, on the 10th day of 18 December, 1980, hold a duly noticed public hearing and on the 14th 19 day of January, 1981, a continued public hearing as prescribed by 20 law to consider said request; and 21 WHEREAS, at said public hearing, upon hearing and considering 22 all testimony and arguments, if any, of all persons desiring to 23 he heard, said Commission considered all factors relating to V-3l2. 24 0 25 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 26 Commission of the City of Carlsbad as follows: 27 A) That the foregoing recitations are true and correct. 28 B) That based on the evidence presented at the public hearing, the Commission APPROVES V-312, based on the following findings: APN: 203-140-28 S . 1 Findings: 1) That there are exceptional or extraoidinary circumstances or conditions applicable to this property that do not apply generally to the other property in the same vicinity and zone, because of the lots irregular configuration which are typical on the west side of Ocean Street. 2) That the sub5ect property is being denied a substantial property right possessed by other property in the same vicinity and zone because other properties have tandem parking and reduced setbacks. 3) That the granting of such variances would not be materially detrimental to the public welfare and injurious to the property in the vicinity and zone in which the property is located. 4) That the granting of such variances would not adversely affect the City's General Plan. Conditions 1) Approval is granted for V-312, as shown on Exhibit A, dated May 12, 1980, incorporated by reference and on file in the Planning Department. Development hall occur substantially as shown unless otherwise noted in these conditions. 2) Approval of this request shall not excuse compliance with all other sections of the Zonin'j Ordinance and all other appli- cable city ordinances in effect at time of building permit issuance. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California,-held on the 28th day of January, 1981, by the following vote, to wit: AYES: MARCUS, ROMBOTIS, LARSON, LEEDS, JOSE, FRIESTEDT, L'HEUREUX NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: MARY MA US, Chairman CARLS D PLANNING COMMISSION C. HAGAMAN, •Sec]etary BAD PLANNING' COMMISSION PC RESO #1736 6 7 8 9 10 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 -2-