HomeMy WebLinkAboutV 316; Michael Zander; Variance (V)1
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Receipt No.
APPLICATION NO. VARIANCE ?+ .3/b
CITY OF CARLSBAD
(Please Type QY Print) Date : November 18, .I980
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REQUEST;: Varihr;ce to Section 2l.%.l3O of the Carlsbad Municipal Code
to allow the construction'of a six (6) foot high (above curb) privacy wall
within the front yard setback (on the front propertv line).
briefly explain and sndicate section of Zone
D rd jm n ce a f EGi j ---
LOCATION: The subject property is generally 'iocated on the
west -- - side of Gibraltar St. . between Jerez Ct.
,grid
A\SSFSI;O,?'S NUMBER: Book 216 Page 290 Parcel . 39 -. .
look Y. _. *- :.*qe
San Marcos Canyon (La Costa Golf Course) -
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?a& Parcel (If more, ple.,zs l;;t on bottom of
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GhNER(S) : -I Name Address City Zip Phone
Gerald F'rankel, c/o Mike O'Hma, 6351 Yarrow Dr., Suite A, Carlsbad, CA 92008
438-43 13
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PERSON RESYONSIRLE FOR PREPARATION OF APPLICATION:
Nanie Address city ti p Phone -I------
Michael C. Zander, AICP, P.O. Box 684, Cardiff, CA 92007 942-0218
APPLICANT'S SIGNATURE: I hereby declare that a71 informati0.n contained
on the attachnent have been read, understood and agreed to. -within this application is true; and that all standard conditions, as indicated
Address City Zi p Phcne
P.O. Box 684, Casdiff, CA 92007 942-0218 *
Corporation) me Piannine; *actice
Relationship to Property Owner(s) Agent
The CiQ of Carlsbad Planning Department would appreciate the opportunity to work
with the applicant throughout the Planning Stages of the proposed development. an effort to aid the applicant, the Planning Department requests that it be given an opportunity to evaluate and dis'cuss 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 prxessfng time,
In
AT?4CHMTHTS: Supplemental Information Form - Planning 23 Standard Conditions - Planning 27. Preparation Check List - Planning 32 Procedures - Planning 36
Date of Planning Commission Approval
FORM: PlahninQ
6/11/79
SUPPLEMENTAL INFORMATION FORM
VARIANCE
Gross Acres for square footage,. if less than acre) 1-53
RD-M - Zone
General Plan Land Use Designation RH
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 afe exceptional or extraordinary circum- stances or conditions applicable to the property or to the iiatended use that do not apply aenerally to the other property
@r class of use in the same vicinity and zone: Building plans
approved by City showing six foot wall at property line. Building now under construction.
backing up to Gibraltar St. This variance is needed to. "l~~'al1 EP I1 &t has already been approved by the Citv.
=?r;. Wall is necessary for privacy at rear of units
b) Explain why such variance is necessary for the preservation and enjoyment of a substantial property riqht possessed by other property in the same vicinity and zone but which is denied to &he proDerty in uestion: Again, privacy at the rear of those units backing 'up to Gibra ql tax $t.
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br) Explain why the granting of such variance will not be materially detrimental to the public welfare or injurious to the DroDertv or improvements in such vicinity and zone in which the property i s located: will not be impaired. Alqo, no visual amenity will be disruDted.
Site distance along street or from driveways
d) Explain why the grantinq of such Variance will not adversely affect the comprehensive general plan: No affect whatever. -
FORM Ptannlng 23 Date of Planning Commlssion Approval
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STANDARD CONDITIONS
CITY OF CARLSBAD
SPECIFIC PLAN/CONDITIONAL USE PERMIT/VARIANCE/
PLANNED UNIT DEVELOPMENT/SITE DEVELOPMENT PLAN,! SPECIAL USE PERMIT/CONDOMINIUM PERMIT AND . PRECISE DEVELOPMENT PLAN
Dewlopment shall meet all requirements of the subdivision, zoning and building codes, laws, ordinances or regulations of the City of Carlsbad, and other governmental agencies. Some of the more .pe;stinent reauirements and procedures of the city are listed below for
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your inf6irmation and concurrence.
feel free to ask for further information or explanation. Please read this list carefully
All condtiitions for Conditional Use Permit, Variance, Planned Unit Development and Special Use Permit shall be completed and the project commenced within 18 months from final city action,
unless akherwise stated as part of the approval. There is no
time l-httations for Specific Plans unless required as part of
the approval.
Development shall substanti.ally conform to the approved plan. A
All public improvements shall be made in conformity with city standards, to the satisfaction of the City Engineer, without cost to the City of Carlsbad and free of all liens and
encumbrances.
Prior It0 any construction, the applicant shall submit plans to the appropriate entity providing domestic water to the proposed development, for its approval of the location, type and adequacy of water lines.
Prior to any corstruction, the applicant shall obtain approval
from the City Fire Department of the location and size of
fire hydrants.
The appIicant shall install all required fire hydrants and
dry-stand pipes prior to framing construction, and sa-id fire appurtenances shaLl be functional prior to commencing such work.
Street trees, as required by the city, shall be installed by
-the applicant at applicant's expense. Trees shall be of a type
approved by the Parks Department and shall be installed to their
specifications. If removal of any existing trees is required
by the city, said removal shall be at the applicant's expense. It shall be the responsibility of the applicant to make all arrangements with the Parks Department concerning the require- ments of this condition. -
A detailed grading plan which includes proposed drainage and erosion control landscaping or other measures such as
desilting basins shall be approved by the' City Engineer.
Immediately after grading, erosion control landscaping and/or other measures such as desilting basins shall be installed. This control may be the final landscaping if.so approved.
A detailed landscape and sprinkler plan shall be submitted
for Planning Director's approval for all graded slopes 5'
or greater in height and any other areas required by law.
Prior to final building inspection clearance, all landscaping and irrigation systems shall be installed or adequate
bonding accepted. Said landscaping shall be maintained in a manner acceptable to the Planning Director.
FORM 27 , -
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12) No signs or advertising of any type whatsoever shall be erected or installed until plans thereof have been approved by the
City of Carlsbad.
As part of the approval process, the City may modify these conditions or add others, especially those of a more specific nature. The
applicant will be notified of these modifications or additions by resolution.
FORM _. 27 Date of Planning Commission Approval.
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APPLICANT DISCLOSURE FORM
In order to assisttrhe members of the Planning Commission and City Council
to avsid. possible conflicts of interest, all applicants are required to
complete this di-sdosure form at the time of suhitting their application.
upon by them in atemining if a conflict may exist, so please ensure that
all of the information is completed and accurate.
fin& action onyour application has been rendered, any of the information
required by thk disclosure changes. an amendment reflecting this change must --
be &led.
.When this form ha been completed and signed, the'in€ormation will be relied
If at anytime before a
If the applicant is an individual.-or a partnership (either general or limited)
or a joint venture, please state khe full name, address and phone number of
ea& person or individual (including trusts) who own any beneficial interest
in the property which is the subjst of this application. Should one or more
state the full legal name of the partnership or joint venture, its legal
aaress and t0e name and address of each individual person who is a general
asd/or limited partner or member of the joint venture.
paties to thE application be a partnership or joint venture, then please et,
-uld one or more of the parties be a privately held corporation (10 share-
hmlders or less) or a real estate syndication, then please state the state of
isorporation or syndication, corporate number, date of incorporation or
syldication, corporate or syndicate address, and the full names and addresses of
ezch individual shareholder or syndicate member. Should the corporation be
a publically held corporation, then state the full name and address of the
carporation, the place of its incorporation, number of shareholders, and the
name and address of the officers of the corporation.
Shuld yoc feel that additional information needs to be provided in order to
p.mvide a fuU disclosure, please include it.
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If after the information you have submitted has been reviewed, it is determined
tLat iurther information is required, you will be so advised.
APPLICANT 2 Mike 'O'Hara, Partner
Name (indivihal, partnership, joint venture, corporation, syndication)
6351 Yarrow Dr., Suite A, Carlsbad, CA 92008
AGENT :
Business Adikxess
438-43 13
Telephmce '$umber
Michael C. Zander, AICP
Name
P.O. Box 684, Cardiff-by-the-Sea, CA 92007
Business Address
942-0218
Telephone Number
MEMBEXS : Gerald Frankel, Partner 1365 Regal Row, Dallas, TX ' 75247
. Name (individual, partner, joint Home Address +- venture, corporation, syndication)
c/o John P. Simon, 600 B St., Suite 2100, San Diego, CA 92101
Business Address
Telephone Number Telephone Number
NaIW Home Address
Buskess Address
Telephone Number Telephone Number
. (Attach more sheets if necessary)
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I/We d-eclare under penalty of perjury that the information contained in this dis-
closure is true and correct and that it will remain true and correct and may be
relied upon as beixg true and correct until amended.
Applicant
BY
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PREPARATION CHECK LIST
CONDITIONAL USE PERMIT/VARIANCE
CONDOMINIUM PERMIT/SPECIAL USE PERMIT PLANNED UNIT DEVELOPMENT/SITE DEVELOPMENT PLAN
A. Do'cuments Rewired for Submittal:
yl,f'
% 2'( Stm-d condition list.
Application with supplemental sheet completed.
)(3/f Photostatic copy of deed with complete legal description of subject praperty or other form of description acceptable to the Planning
Director.
'"dapirteen (13) blueline prints of the plan for all applications except a PUD which requires 18 prints, Minor Condo permits which require 3, and Major Condo permits which require 18. Maps must be folded in a rdze not to exceed 8% x 11.
REQUIRED PLAKS ARE AS FOLLOWS:
CUP and Variance: Site Plan*
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PUD.: Site Plan*, building elevations, landscape plan, cross sectiog-of
SDP: Site Plan*, building elevations.
proposed grading.
CONDO PERMIT: Site Plan*& building elevations, landscaping plans.
SUP: Site Plan*, grading plan.
*Site Plan as a minimum shall contain all property lines, building locations with horizontal dimensions, driveways, and parking stalls with dimensions, location and dimensions of landscaping.
Environmental Impact Assessment or Report with fees (if required). pbd d Feenonal Use Permit, Variance, and Special Use Permit -
$50.00
Planned Unit Development - $50.00 + $1.00 per unit.
Amendments for PUD's - $50.00 + $1.00 per unit within arez being amended.
Site Development Plan - $25.00.
Condominium Permit - $50.00 + $1.00 per unit within,area being
amended.
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300 Foot Radius Map - (Not needed for Site Development Plan, Special Use Permit and Pilinor Condominium Permit). A nap to scale not less than lwc 200' showing each lot within 306 feet of the exkerior boundaries of the subject property. Each of these lots shall be consecutively numbered and correspond with the property owner's list. The scale of the map may be reduced to a scale acceptable %a the Planning Director if the required scale is impractical.
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83 Property Owners and Occupants List: Two copies of a typewritten list of self-adhesive (Avery) labels of the names and addresses of all persons owning property (as shown on the latest equalized assess- ment roll) and persons in possession, if different, within a 300' x8,dius of the 'exterior boundaries of -the subject property. The
la,test equalized assessment roll is available in the Office of the Assess&- of San Diego, 1600 Pacific Highway, Room 103, San Diego,
California; Telephone 236-3771.
Conversion to Condominiums: In addition to the above property
owners list, the application shall include a list (prepared as
above) of names and addresses of all tenants of the units to be
converted to condominiums.
FORM 32
August21, 1980 Page One
-9) Disclosure Statement
la)' A written statement by the City Engineer that he finds there is adequate sewer capacity available for the proposed use at the site or that he finds that the proposed use and site can be adequately scrvcd
by alternative city approved onsite sewer system. Applicant, please note, %his determination must be done prior to submitting application and it may require preparation on your part to provide sufficient evidence to the City Engineer. It is suggested you make early contact with tbre Engineering Department for Such determination.
For -residential projects'within Vista, San Marcos, Encinitas or San
Diegnito School Districts, the applicant shall indicate whether he
prefers to dedicate land for school facilities, to pay a fee in lieu
theueof, or do a combination of these. If the applicant prefers to d&dcate land, he shall suggest the'specific land.
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Fun residential profects within the Carlsbad Unified School District,
Wl be available and serve the project at time of need. . th applicant shall submit written confirmation that school facilities
i.13) IL copy. of colored site plan and elevation plans (except Minor Condo-
14( Bduced 8$" x 11" site plan and elevations (except Minor Condominium
l.Bf 8%" x 11" Location Map (except Minor Condominium Permit)
N lk arr'hium Permit). +-
E%mnit)
B) Drafkiing of Plan
1) Sieets to be 24" x 36" with 1" border (standard "D" size).
2) Scale to indicate: scale is to be appropriate for sheet size. I" = 10' is generally sufficient; however, the
3) North arrow oriented to top or left side of sheet.
4) Lettering must be legible. It is preferred that it be drawn by mechanical means, in ink, and heavy upper case.
5)
6)
Location map showing the distances to the center line of.the nearest intersection.
Title block with name and address. of applicant and drafter, and perti- nent information such as uses, total acreage and date prepared.
C) mfomtion on Plan
1) Proposed and existing structures:
a) Proposed use of all structures (in general land use terms).
b) Building dimensions, setbacks and distances between buildings. c) Type of construction proposed.
d) Identification of fire rated walls and fire sprinkler systems, e) Height and number of stories. f] Gross floor area per structure.
g) Proposed changes and additions to existing buildings.
2) Exi'sting and proposed right-of-way, public and/or private:
Ei) Distance from property line to center line of right-of-way. b) Widths of right-of-way.
d). Easements, type and location. . c) Location of .existing and proposed sidewalks and curbcuts.
FORM 32
August21, 1980 Page Two
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Parking :
a) Location, size and numbered consecutively b) Identification of loading zones. c) Dimensions of driveways.
Landscaping:
a) Existing and proposed trees in the public right-of-way. b) A schedule showing types, size and location of all
c) Indicate a permanent watering system for all landscaping
plant materials proposed on site.
areas by showing the location of water lines.
Refuse pickup areas (not required for detached housing projects).
Signs: Size, location and height of existing and proposed signs.
Lot lines and dimensions.
Location of watercourse or areas subject io flood.
Location of proposed storm drains or other means of drainage
(grade and size).
Topographic contours at two feet intervals, with indication of manufactured slope.
Cross section of proposed grading. .Existing contours and proposed graded contours for all grades of 4:l or greater shall be shown.
Delineation of development phasing.
M3$cellaneous Information for Planned Unit Development and Condominium Permit Applications.
Document explaining who shall be responsible for maintaining . open common areas and how maintenance is to be performed.
Document explaining special development standards requested. For custom home Planned Unit Development, all development standards listed in Section 21.45.120 shall be included.
Elevation of proposed buildings (not required for custom home PUDS) .
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FORM 32
August21, 1980
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Page Three
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PROCEDURES -
Application to Planning Coinmission: In an effort to aid the
applicant, the Planning Department requests that it be given an
opportunity to evaluate and discuss the application in its various stages a€ developenk prior to submittal. It is more effective if
applicant meets directly with staff; however, written or telephone
cornmumication is acceptable. It is the responsibility of the applimmt to make *e initial contact for such meeting.
Submiidtal: plans and other pmtinent materials are included.
-- Review: After accepting the application staff will submit it to the department =view board (DCC) to ascertain if further information is necessary. Staff will attempt to conclude this review within two weeks, but in no case shall the review period be longer than
30 days from nteceipt of application.
__.- Notice: Upon completion of the application review, the applicant wilP. be inforIilled by letter if farther information is required if any., or if the application is complete what date it will be heard by +he P1annix-q Commission.
Applkmtion will be accepted only if the application,
% 5) . Plmning Commlssion Calendar: TRe Planning Commission adopts an
anmtal calendar that indicates application closins dates, staff
review dates, a staff recommendi-review dates asdwell as Planning Commission hexing dates. The date your'request will be heard is selccted from this calendar. Yau may acquire this calendar at the Plarnning Department.
Staff Review: This report is reviewed by the Departmental Coordinating Committee (Dee), which is made up of representatives from the departments of Plaaning, Engineering, Fire, City Manager and other as may be
necEssary. Yau are invited to this meeting to explain the project and respond ts staff recommendations. Upon completion of this review, staff will prepare final staff recommendations to be sub- mittted to the Planning Commission. The final report with rec- ommendations will be available at the Planning Department five days prim to the Planning Commission hearing (Friday afternoon prior to
the! Planning t3mmission meeting date).
Hearing: - The Planning Commission meets every 2nd and 4th Wednesday of ithe month at 7:OO P.M., or as indicated on the Planning Commission calendar. Depending on the type of application, the
Planning Commission will either make a recommendation and forward to City Counci.L or take final action,
Staff prepares a report for the Planning Commission.
Appeals: to ehe City Council, provided such appeal is filed within ten
(101 days afterr the Planning Commission action. 'The applicant
shouId review with staff the procedure on the various types of
applkations.
Finax actions by the Planning Commission may be appealed
*Fina;b.Decision:
owner of the fi.nal decision. The City will notify the applicant and property
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