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HomeMy WebLinkAboutV 87-01; H. Von Packard; Variance (V)City 'of Ca.rlsbad 2075 Las Palmas Drive Carlsbad, CA 92009 (619) 438-1161 sf- : M5-533 1 AaSI'flas Zomplete Description of Project (attach additional sheets if necessary) PLANNING DEPARTMENT Local Facility Management Zone *. I S. ,le Family Variance -4 $150.00 Other Variances $420.00 Assessors Parcel Number One Zone General Plan Proposed Zone Proposed General Plan R-1-15,000 RLM N.A. N.A. construction of a single family residence on 1.77 acres, street frontage on Park Drive, ingress/egress off Sunnyhill Drive c---- 207-100-55 Existing Land Use Site Acreage vacant H 1.77 Location of Project east of Park Drive, south of Calavo Court, west of proposed Sunnyhill Drive Legal Description (complete) Parcel B of Parcel Map 12243, filed in the office of the County Recorder of San Diego County Name (Print or Type) H. Von Packard Mailing Address City and State Zip Telephone I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. A P.O. Box 4517 Carlsbad, CA 92008 434-1013 I! fw PROJECT NUMBER (S) Name (Print or Type) Mailing Address City and State Zip Telephonc I CERTIFY THAT I AM THE OWNER'S REPRESENTATIVE AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE DATE Fees Received I Receipt No. JUSTIFICATION FOR VARIANCE 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. 1) Explain why there are exceptional or extraordinary circumstances or conditions applicable to the property or to the intended use that do not apply generally to the other property or class of use in the same vicinity and zone: My parcel, as required by City design standards, has a 30' street frontage on Park Drive, but as a condition of my Coastal Commission permit process, I was required to waive that frontaqe as inqress and egress access, and was forced to secure an alternate access off of Sunnyhill'Drive. This situation placed me in non-conformance with Section 21.04.210 which states that said frontaqe shall be useable access. Accordingly, I must request a variance. 2) Explain why such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone but which is denied to the property in question: (See #1 above). 3) to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located: The reason the Coastal Commission required waivinq the Park Drive frontage as access is because the proposed drive to my site would detrimentally disturb the slopes. My new site plan that now has been approved by the Coastal Commission is, in their minds, a much more acceptable design of the site. Explain why the granting of such variance will not be materially detrimental 4) Explain why the granting of such variance will not adversely affect the comprehensive plan : , DISCLOSURE FORM APPLICANT: H. Von Packard Individual Name (individual, partnership, joint venture, corporation, syndication) Business Address Telephone Number P.O. Box 4517 Carlsbad, CA 92008 434-1013 AGENT: Same Name Business Address Telephone Number MEMBERS: Name (individual, partner, joint Home Address venture, corporation, syndication) Business Address Telephone Number Telephone Number Name Home Address Business Address Telephone Number Telephone Number (Attach more sheets if necessary) I/We understand that if this project is located in the Coastal Zone, I/we will apply for Coastal Commission Approval prior to development. I/We acknowledge that in the process of reviewing this application, it may be necessary for members of City Staff, Planning Commissioners, Design Review Board members, or City Council members to inspect and enter the property that is the subject of this application. I/We consent to entry for this purpose. I/We declare under penalty of perjury that the information contained in this disclosure is true and correct and that it will remain true and correct and may be relied upon as being true and correct until amended. I 1 BY ii Agent, Owner, Partner SPECIFIC REQUIREMENTS 1. J Completed Variance Justification Form. 2. Afteen (15) copies of a site plan (24" x 36" folded to 84" x 11") which shall include' the following information : - Name and address of applicant, engineer and/or architect, etc. - All easements - Dimensioned locations of: access, both pedestrian and vehicular, showing service areas and points of ingress and egress, offstreet parking and loading areas showing location, number and typical dimension of spaces, and wheel stops. - distances between buildings and/or structures - building setbacks (front, rear and sides) - location, height, and materials of walls and fences - location of freestanding signs - a summary table indicating the following information (if applicable to the variance) : - site acreage - - proposed land use - total building coverage - building square footage - percent landscaping - number of.parking spaces - - existing zone and land use square footage of openlrecreational space (if applicable) cubic footage of storage space (if applicable). / If the variance application involves a variance in height, provide fifteen (15) copies of (24" x 36" folded to 8t" x 11") building elevations to show all buildings, structures, walls and/or fences, signs and exterior lights. 4. One (1) copy of 84" x 11" site plan. 5.dne (1) copy of 8+" x 11" location map (suggested scale 200" - vicinity 6.&/gclosure Statement. 7. maps on the site plan are not acceptable). Property Owners' List and Addressed Labels - a typewritten list of the names and addresses of all property owners and occupants within a 300 foot radius of subject property (including the applicant and/or owner). The list shall include the San Diego County Assessor's parcel number from the latest assessment rolls. - Two separate sets of mailing labels of the property owners and occupants within a 300 foot radius of subject property. For any address other than single family residence, apartment or suite number must be included. DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON LABELS. Applicant must submit separate check to cover cost of postage . I 8. J 300 Foot Radius Map A map to scale not less than 1" = 200' showing each lot within 300 feet of the exterior 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 to the Land Use Planning Manager if the required scale is impractical. 9. Preliminary Title Report (current within the last six months). 10. Colored Site Plan and Elevation Plan (Not required with first submittal). It is the Applicant's responsibility to bring one copy of a colored site plan and one copy of a colored elevation to the Land Use Planning Office by Noon eight (8) days prior to the Planning Commission meeting . -. 5; r 3 .' STAQ OF 'CALIFORNIA-THE RESOURCES AGEN GEORGE DEUKMEJIAN, Gommaor 7 a .CALIFORNIA COASTAL COMMISSION SAN DIEGO COAST DISTRICI COASTAL DEVELOPMENT PERMIT NO. 6-87-1 98 SAN DIEGO, CA 92108-3520 1333 CAMINO DEL RIO SOUTH, SUITE 125 Page 1 of 3 (619) 297-9740 On May 14, 1987 , the California Coastal Commission granted to this permit for the development described below, subject to the attached Standard and Special Conditions. H. Von Packard. Ray Files and Ray Spanqler Description: Subdivision of 6.2 acre parcel into four lots and grading, site preparation and construction of a two-story, 4,900 sq. ft. single family residence on proposed Parcel #3. Lot Area Proposed Parcel #l Proposed Parcel #2 Proposed Parcel #3 Proposed Parcel #4 Zoning Plan Designation Project Density 6.20 acres 2.18 acres 1 .OO acres 1.79 acres 1.08 acres Res Low-Medium (0-4 du/ac) .5 du/ac R-1 Proposed Parcel #3 1.79 acres Parking Spaces 2 Ht abv fin grade 35 feet Site: North side of Park Drive, approximately 1,000 feet southeast of Calavo Drive, Carlsbad, San Diego County. APN 207-100-54,55,56 Issued on behalf of the California Coastal Commission by PETER DOUGLAS Executive Di rector and IMPORTANT: THIS PERMIT IS NOT VALID UNLESS AND UNTIL A'COPY OF THE PERMIT WITH THE SIGNED ACKNOWLEDGEMENT HAS BEEN RETURNED TO THE COMMISSION OFFICE. ACKNOWLEDGEMENT Date Signature of Perrni ttee t. t I COASTAL DEVELOPMENT , &K I' NO. 6-87-198 Page 2 of 3 STANDARD CONDITIONS: 1. 2. 3. 4. 5. 6. 7. Notice of Receip and Acknowledgement. The permit is not va1,3 and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission off ice. Expiration. If development has not commenced, the permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. be made prior to the expiration date. Application for extension of the permit must Compliance. All development must occur in strict compliance with the proposal as set forth below. Any deviation from the approved plans must be reviewed and approved by the staff and may require Commission approval. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. Inspections. The Commission staff shall be allowed to inspect the site and the development during construction, subject to 24-hour advance notice. Assiqnment. assignee files with the Commission an affidavit accepting all terms and conditions of the permit. The permit may be assigned to any qualified person, provided Terms and Conditions Run with the Land. These terms and'conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. SPECIAL CONDITIONS: 1. Open Space Deed Restriction. Prior to the transmittal of the coastal development permit, the applicant shall record a restriction against the subject property, free of all prior liens and encumbrances, except for tax liens, and binding on the permittee's successors in interest and any shall prohibit any alteration of landforms, erection of structures of any type and removal of vegetation for any purposes (including "fire break" clearing) in the area shown on the attached Exhibit #3, without the written approval of the California Coastal Commission or its successor in interest. The recording document shall include legal descriptions of both the applicant's entire parcel and the restricted area(s), and shall be in a form and content acceptable to the Executive Director. Evidence of recordation of such restriction shall be subject to the review and written approval of the Executive Di rector. . subsequent purchasers of any portion of the real property. The restriction COASTAL DEVELOPMENT PERMIT NO. 6-87-1 98 Page 3 of 3 SPECIAL CONDITIONS - continued: 2. Runoff Control Plan. Prior to the transmittal of a coastal development permit, the applicant shall submit a runoff control plan designed by a licensed engineer qualified in hydrology and hydraulics, which would assure no increase in peak runoff rate from the developed site (Parcel #3) over runoff from the natural site, as a result of a ten-year frequency storm over a six-hour duration (10 year, 6 hour rainstorm). Runoff control shall be accomplished by such means as on-site detention/desilting basins. Energy dissipating measures at the terminus of any proposed outflow drains shall be constructed. The plan shall further stipulate that no grading activities shall be allowed during the rainy season defined as the period of October 1st to March 31st of each year and that all disturbed areas will be replanted immediately following grading and prior to the onset of the rainy season. plan, including supporting calculations, shall be subject to the review and written approval of the Executive Director. The 3. Deed Restriction/Non-Buildable Status-Proposed Parcel #4. Prior to the transmittal of the permit, the applicant shall record a restriction against the property identified as Parcel #4 of the proposed subdivision, free of all prior liens and encumbrances, except for tax liens, and binding on the permittee's successors in interest and any subsequent purchasers of any portion of the real property. The restriction shall provide that the proposed parcel area is non-buildable property, that development of such property shall be a limited to a pool or other accessory use related to the existing residence to the north (APN 207-360-43) and that such uses and associated grading shall be limited to the area outside of the open space deed restriction required under Special Condition #l of Coastal Development Permit #b-87-198. The recording document shall include legal descriptions of the entirety of Parcel #4 and shall be in a form and content acceptable to the Executive Director. Evidence of recordation of such restriction shall be subject to the review and written approval of the Executive Director. 4. Permit Limitations. This permit is valid for the following activities only: 1. Subdivfsion of the site into four parcels; 2. Consolidation of proposed Parcel #4 and existing Parcel (APN,#) 207-360-42 to the northwest and 3. Construction of a single family residence on proposed Parcel #3, including grading and utility extensions for the proposed residence. All other development activities including grading or construction of residences or other accessory uses on proposed Parcels # 1,2 and 4 shall require review under a separate Coastal Development permit(s). (71 98P) 1 State of California, George Deukdj ian, Governor California Coastal Commission 1333 Camino Del Rfo S., Suite 125 San Diego, Ca 92108 (619) 297-9740 NOTICE OF ACCEPTANCE DOCUMENTS OR PLANS: SUBMITTED IN COMPLIANCE WITH SPECIAL CONDITION(S) NO(S). OF DEVELOPMENT PERMIT NO. GwSq * \q6 Material submitted in compliance with said Special Condition(s) of your development permit has been reviewed by the District Director and found to fulfill the requirements of said condition(s1. Your submitted material and a copy of this letter have been made a part of the permanent file. Sincerely, District Director --- _.__ herelnafter referred to as the subject property; and behalf of the People of the State of California; and zone as defined In SEctlon 30103 of the California Public Resources Code (herelnafter referred to as the California Coastal Act); and Owner applied to the California Coastal Comnlssion for a coastal development permit for the development on the subject property described V. WHEREAS, coastal development permit No. 6-87-198 11. WHEREAS, the Callfornia Coastal Comnlssion Is actfng on 111. WHEREAS, the subject property fs located within the coastal IV. WHEREAS, pursuant to the California Coastal Act of 1976, the above; and' ,. was granted on Mav 18, 2987 by the Cal ifornla Coastal Comnission: and VI. WHEREAS, coastal development permit No. 6-87-198 was subject to the tt. is and conditions includlng but not limited to the following condition: SEE PAGE 2 // // I /6” i .. Owner agrees to record this Deed Restriction in the Recorder's office or the County of San Dfego *. as soon as posslble after athe 'date of its executlon. .. .. .. . . '. .. .,. . . ,;- -..., . ... , .... ,, .\ -.-- H. Von Packard - Ann C. Packard 9 2f Izi acknowledged that&&%u executed it. L. , , H. Von Packard - Ann C. Packard Pt OR PRI- OF ABOVE NOTE TO NOTARY PUBLIC: If youare notarizing the signatures of persons .- signing on behalf of a corparation, partnershlp, trust, etc., please use rect notary jurat (acknowledgment) as expl in your Notary Public Law Book. 1 State of Californfa, County of , ss On this 31st day Of July , in the yearm, before rn the undersigned , a -Notary Public, personally appeared E. Von Packard and Ann C. Packard * personally known to me (or proved to & on the bas!s of satisfactory evidence) to be the person whose names* subscribed to this instrument, and acknowledged that executed it. a DIEGO are " I, 1 .. ...-.. -. -4- i i j .i ' IL f nrl I ial LEGAL DESCRIPTION SURVEYOR'S STAIEltENT APN 207-100-54 PARbR A OF PARCEL USP No 12243 FKW H THS ADJUSTMENT PLAT WAS PRCPARED BY hE MER MY DIREC27oN ON APRIL 23,1987. THE~~~:wTME~~~H~~I~EC~RD~~OFSAN WEW co(RJTY MAm 22,1982. A.PA 207-100-55 PARCEL 8 OF PARCEL UAP NO. 12243 FLED PJ aew mTY MARCH 22.1982. R.8M.L 1 ASSOC. h A.P.N 207-100-56 PARCEL c CF PARCEL UP No. 12243 RW PJ EGO COwlY I(AR0I 22,1982 APA 207-360-43 LOT 6 W UP NO. 10870 FRED N TM: OFFICE TY FEBRclcwY 29,1984. =Go, STATE OF CALPCORMA. RIQURD E. MU. LS. 4088 SI4 E. VISTA War' RIM WRD Na 4088 r# omc~ OF TM: COUNTY REC~ OF SAN THE CWKE CF THE CWTY REC& a= SAN a6p9ES XPdE 30,1988 OF THE COWTY RECCXE~ OF SAN DIEGO cow - ALL N THE am OF CARLSEAD, COWTY OF SAN BASIS OF BEARINGS OwERsr n - n THEBASISOFBEARINGSFOR THSMAPIS THE MHTWASTERLY SDELPE OF PAM DRIVE PER PARCEL W NO. 12243, E., N 46-Y W. LEGEND 3774 SKY- ROAD t6lN 729-2001 14341 1013 725 c;RdEJD AM. CARLSBADP CAS 92008 CARLWD, CA. 92008 0 FW le STEEL PN WITH CLlP L.S. 4088 PER pn 12243, MESS OTHERWISE NOTED. I. FOW 2' IRON WE WITH TAG L.S. 4088 PER PA 12243. PER W 10870. A FOLN) 314' RW WE WlTH PLUG R.W. 16889 0 2XT l/r X 18' STEEL PN WITH Cpp LS. 4088 WC.4 TES NEW LOT LNE -- IM)IcATES OLD LOT ME - ------MCATES OPEN SPACE EASCUENT BOWARY NOTES TN: FUOWPK; EASEWS ARE GENERAL EASE- WEKTS YlTH NO LOCATION SET F(xplH AND CANNOT 8E~onwmPiAT. r. TO IK G MERCKHOFF CO. FOR UMES, REC. 4/3/43, BK. 1484 PG. 147 OR. i?. -TO PAC TELE 20. FOR &OW STRWTWRES, REG Ma81 AS FILE NO. 81446a2S OR 3. TO YAC D0CK;rL FOR UTUES, dG 4mR4 AS mm 84i24829. OR I, 2, 1 3 AFFECTS LOT 6 0F.MAP 10870.