HomeMy WebLinkAboutAV 04-01; THE FORUM; Administrative Variance (AV)JN-05-2004 NON 02:58 PM CITY OF 0RLSBD FAX NGO 602 8559 P 05
CITY OF CARLSBAD 4.
LAND USE REVIEW APPLICATION .... n 1) APPLICATIONS APPLIED FOB: (CHECK BOXES) 200/41
PLANNING DIP Wr (FOR DEPARTMENT City
USONLY) U$E ONLY)
El Administrative Permit - 2nd
Dwelling Unit
Administrative Variance
-
ud
Planned IndustriI Permit CTh
LII Planning Commission
Determination
...
.. -.
LI] Coastal Devolopment Permit LI] Precise Development Plan
El Conditional Use Permit [I] Redevelopment Permit
[j Condominium Permit El Site Development Plan . .
El Environmental Impact Special Use Permit
Assessment
General Plan Amendment El Specific Plan
LI]Hillside Development Permit
EJ Local Coastal Plan Amendment
El sat;va Parne.rva
Obtain frQm angineering DepnrLMent
El! Tentative Tract Map
-,
El Master Plan Variance 0(4 -ô\,
LII Non-Residential Planned [Ii] Zone Chano
lJevelopmenl
El Planned Development Permit El List other applications not
2) ASSESSOR PARCEL NO(S). L. 012
$ ) PROJECT NAME;
4) BRlEF DESCRIPTION OF PROJECT: oz(c 'c'
7) BRIEF LEGAL DESCRIPTION cC—W'O
NOTE: A PROPOSED PROJECT REQUIRINC MULTIPLE APPLICATIONS SE FILED, MUST BE SUBMITTED PRIOR TO 3:30 P.M.
A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED MUST B SUSMIUED PRIOR TO 4:00 P.M.
Form 15 Rev. 05/03 PAcE I OF 2
JAN-05-2004 NON 02:58 PN CITY OF CARLSBAD FAX NO 0 2 8559 P. 06 •0
3) LOCATION OF PROJECT;
STREET ADDRESS
ON THE I 5OU - "-1 sIDEOF
(NORTH, SOUTH, FAST, WEST) (NAME OFSTREET)
BETWEEN L J0 Lj AND fl4
(NAME OF STREET) (NAME OF STREET)
9) LOCAL FACILITIES MANAGEMENT ZONE r 7
10) PROPOSED NUMBER OF LOTS 1 1)
I
NUMBER OF EXISTING
RESIDENTIAL UNITS
1 12)
j
PROPOSED NUMBER OF
RESIDENTIAL UNITS
13) TYPE OF SUBDIVISION E 14)
L.
PROPOSED (ND OFFICE/
SQUARE FOOTAGE
I ) PRoPO$O COMM
SQUARE FOOTAGE
1 ) PERCENTAGE OF PROPOSED I 1 7)
PROJECT IN OPEN SPACE LJ
PROPOSED iNCREASE IN
AOl
1 18)
I
PROPOSED SEWER
USAGE IN EDU
1} GROSS SITE ACREAGE _J 20) EXISTING GENERAL
PLAN
] 21)
J
PROPOSED GENERAL
PLAN DESIGNATION
22) EXISTING ZONING
[J
23) PROPOSED ZONING
24) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY 5OR MEMBERS OF CITY
STAFF PLANNINR COMMISSIONERS,-SIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS
TO INSP I AND NIER THE PROPER V THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT
TO EN FOR SP\RPOS
SIGNA UF(E
FOR CITY USE ONLY
FEE COMPUTATION
APPLrCATION TYPE FEE REQUIRED
DATE STAMP APPLICATION RECEIVED
9ECVED BY
TOTAL PEE REQUIRED
DATE FEE PAID
RECEIPT NO.
Form 16 flrv. 05/03 PAGE 2 OF
.
I
City of Carlsbad
1635 Faraday Avenue Carlsbad CA 1?P.lsIsR]
Applicant: FOURTH QUARTER PROPERTIES
AVO40001 495.00
Receipt Number: R0039552
Transaction Date: 01/08/2004
Pay Type Method Description Amount
Payment Check 3450 495.00
Transaction Amount: 495.00
2656 01/08/04 0002 01 02
COP 49500
JAN-05-2004 NON 02:58 P1óCIY OF CARLSBAD FAX NO 0I2 8559 P, 07
CITY OF CARLSBAI)
PLANNING DEPARTMENT
VARIANCE INFORMATION
A. Administrative Variance; Variances granted by the Planning Director are tormed
administrative variances. Administrative variances shall be limited to
1. Modification of distance or area regulations provided such modifications does not
exceed seventytivo percent of required front, side or rear yards nor exceed ten
percent of maximum lot coverage regulation;
2, Modification of the minimum lot width regulation, provided such modification does
not result in a lot width less than fifty (50) feet;
3. Walls or fences to exceed heights permitted by the zoning regulations;
4. Modifications to the sign area regulations, provided such modification does not
exceed ten percent of the maximum allowed sign area;
6, Modifications to the sign height regulations, provided such modification does not
exceed ten percent of the maximum allowed sign height,
13. All other variances will be heard by the Planning Commission and processed pursuant to
Chapter 21.50 of the Carlsbad Municipal Code,
C. Submitting your application: Submit your application, plans and foes at the public counter
of the Planiing Department at 1635 Faraday Avenue (760) 602-4600. A proposed project
requiring that multiple applications be filed must be submitted prior to 3:30 p.m. A proposed
project requiring that only one application be filed must be submitted prior to 4:00 p.m. Your
application will not be accepted until all required application iiiaterials are submitted. See
Fee Schedule for processing fee amounts.
D. Appeal procedures for administrative varialices: If your administrative variance is denied
by the Planning Director, you may appeal this decision to the Planning Commission, You
must draft a letter requesting the appeal and submit it to the Planning Ditoctor and pay the
required fee within ten (10) calendar days from the date of the decision, The Planuin
Commissions' decision may also be appealed under the procedures established for variances
as described below. See fee schedule for amount of appeal fee,
Appeal procedures for variances; If your variance is denied by the Planning Commission, you
may appeal this decision to the City Council- You must submit a letter requesting the appeal
and pay the required fee to the City Clerk within ten (10) calendar days from the dale of the
decision. See fee schedule for required appeal fees.
FRM0004 10/03 Page 1of IS
JN-05-2004 HON 02:59 PH CITY OF ChRLSBhD FAX NO 08028559 P 08
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: $
ft &wr tit
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-TxA< ?-'c 5 L'? c4Or" -
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;
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3, Explain why the granting of such variance will not be inatierally detrimental to the public welfare or
injurious to the property or improverneots in such vicinity and zone in which the property is located:
poS&-j ortC. Lço-A
t±.P
4. Explain why the granting of such variance will not adversely affect the comprehensive general plan:
1'tE 0S'7rX % IE O uc
rt' . Ev4 p pJQ jo
fr
FRM0004 10103 Page 5of5
01/6/204 22:42 61952381 MEL
PAGE 09
S
DESCRIPTION OF LOT 4
EXHIBIT A'
LOT 4 OF CITY cw C.&RLAD TP.ACT NO, GBSEEN VALLEY ACCORDING TO MAP THEREOF
NO- AS FILED IN THE OFFiCE OF ThE COUNDt COI) OF SAN EGO COUNTY
DATED. ASFU- NO. _______
CO CING AT tE T4TSRSECTIC*S C)F EL CAM MI REAL AND CALLE BARCELONA. THENCE
WESTErUX ALONG THE CEN E.UNE OF SAID CALIJE EAR.CELOI'IA
soirm 8522'l4" WEST 419-Z 1 FE.T TO A TANO.NT WITH A IOOCLOO FOOT RADIUS
CURVE TO THE RIOT. THENCE CONTINUING
ALONO THE ARC OF SAID CURVE
2, WP.SThIU-.Y 6018 VEET THROUGH A CENT?SMI ANGLE OF
3. SOUTH 8805111 "WEST 147.24 FEET TO A POINT OF DEFLEC770N. ThIENCEj
A SOUTH G108'29 VST 42.00 P!ZT TO nM TRUE PO!NT OF BEGINNiNG.
S. SQTJfl4O47'45' WEST 01.35FSET WENCE;
61 SOUTH 14144"WE9T 79,32 FEET TO THE 2AtW...Y Sfl) LINE OF SAID CALIE
BARCELONA, ThENCE 4OI.THERLY ALONG
SAID SIDELINE,
7. NORTH O1°45'16"WEST 574.71 FEET TO A TANGENT WITH A 443 FOOT RADFIJS
CURVE TO THE RliT.T}ENCE;
S. NOgT8Ej.Y AND 700,60 FEET THROUGI-L A CENTRALNOLE OF 6'41',
EA3TBLY THENCE. I
9. NORTH 59°53 EAST 434.94 FEET TO THE TRUE PQM IDJ I 91GINNTrG
a.3lsASMoiORss,
PR2PAR1T) BY;
CONSULTANTS, iNC.
bNNIS R. FURMAN - DATE
LC.E, 32391
LTC, RXI. 12131I
1 OF
JAN-05-2004 NON 02:57 PM CITY OF ChRLSBD
S. FAX NO, 760 602 8559 P. 02
..
Chapter 21.51
ADMINTSTRAITVE VARIANCES
Sections;
21.51.010 Authority of land use planning
manager to grant certain
variances.
21.51.020 Extent of variance.
21.51.030 Application and fees.
21.51.040 Notice and procedure.
21.51.050 Decision of the land use
pl*nnlng manager.
21.51.060 Effective date of varanca-
Appeal,
21.51.010 Authority of land use planning
manager to grant certain variances.
The land use planning manager shall have the
following powers and duti:
(1) To grant such variances from the zoning
provisions of this code as will not be contrary to
its intent or to the public health, safety and gen-
eral welfare when, due to special conditions or
exceptional characteristics of the property or of
its location or surroundings as specified in sub-
section (2) of this section, strict and literal inter-
pretation and enforcement of the provisions of
this code would result in unusual difficulties or
unnecessary hardship or be inconsistent with the
general purpose of this code.
(2) The land use planning manager may grant
a variance from the zoning provisions of this
code when it appears from the facts contained in
the application and from information obtained
by the land use planning manager that the fol-
lowing findings can be made
(a) That there are exceptional or extraordi-
nary 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
21.51.010
proper,t p&ssed by other property in the
same vicinity and zone but which is 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
advercly affect the comprehensive general plan.
(3) In granting any variance, the land use
planning manager may impose such conditions
as he deems necessary or desirable to protect the
public health, safety and Seneral welfare in
accordance with the purpose and intent of this
code, (Ord. 1256 § 7 (part), 1982; Ord. 9598 § 2
(part), 198 1)
21.51.020 Extent of variance.
Variances granted by the land use planning
manager shall be limited to:
(1) Modification of distance or area regula
tions, provided such modification does not
exceed sevcnty.five percent of required front.
side or rear yards nor exceed ten percent of max-
imum lot coverage regulations;
(2) Modification of the minimum lot width
regulations, provided such modificado'n does
not result in a lot width less than fifty feet:
(3) Walls or fences to exceed heights permit-
ted by the zoning regulations:
(4) Modifications to the sign area regulations,
provided such modification does not exceed ten
percent of the maximum allowed sign area:
(5) Modifications to the sign height regula-
tions, provided such modification does not
exceed ten percent of the maximum allowed sign
height.
All other variance applications not listed in
this section shall be processed pursuant to Chap-
ter 21,50 of this code. (Ord. 9651 § I. 1982: Ord.
1256 § 7 (part), 1982: Ord. 9598 § 2 (part), 1981)
741
JN-05-2004 NON 02:57 PM ______ OF CARLSBAD FAX NO. 1ó 8559 P 03
21.51.030
21.51.030 Application and fees.
(a) Application for a zone variance may be
made by the owner of the property affected or the
authorized agent of the owner. Application shall
be tiled with the land use planning manager upon
forms provided by him. The application shall
state fully the circumstances and conditions
relied upon as grounds for the application and
shall be accompanied by adequate plans, a legal
description of the property involved and all other
materials as specified by the land use planning
manager.
(b) At the time of filing the applicaticrn the
applicant shall pay a processing fee in an amount
as specified by council resolution. (Ord. 1256 § 7
(part), 1982; Ord. 9598 § 2 (part), 1981)
21.1.040 Notice and procedure.
(a) Upon the acceptance of a complete
application and payment of the required fees for
a variance, the land use planning manager shall
give written notice by mail or personal delivery
to all property owners as shown on the last equal-
ized assessment roll, within three hundred feet of
the subject property at least fifteen days prior to a
decision on the application.
(b) Any person so notified may tile written
objections or a wrinn request to be heard within
ten days after the mailing or personal delivery of
the notice. If a written request to be heard is filed.
the land use planning manager shall schedule a
hearing and provide written notice to the appli-
cant and the request or at least five days prior to
the hearing. The hearing is not a public hearing
and may be informaL
(c) The land use planning manager shall have
the discretion to set any variance under this
chapter for a public hearing before the planning
commission. In such case the variance shall be
processed according to the provisions of Chapter
21.50 of this code. (Ord. 1256 § 7 (part), 1982:
Ord. 9598 § 2 (part). 1981)
21.51,050 Decision of the land use planning
manager.
(a) The [arid use planning manager shall ten-
der his decision upon the completion of his
investigation of the facts as set forth in the
application and his review of the circumntsinces
of the particular case. If a hearing is helcL he shall
render his decision within ten days of the conclu-
sion of the hearing.
(b) The nnanigcr shall announce his decision
and findings by letter io the applicant and the
letter shall recite, among other things, the facts
and reasons which in the opinion of the land use
planning manager make the granting or denial of
the variance necessary to carry out the provisions
and general purpose of this title and shall order
that the variance be granted or denied, and if
such letter orders that the variance be granted, it
shall also notice such conditions and limitations
as the manager may impose, The letter shall be
sent to any person who requested or appeared at
the haring and to the planning Commission and
city council.
(c) If the land use planning manager, after
considering the facts presented, in the case. is
unable to make the findings set forth in Section
21.51.010 (2), he shall deny the variance. (Ord,
1256 § 7 (part) 1982; Ord. 9598 § 2 (part). 1981)
21.51.060 Effective date of variance—
Appeal.
(a) The order of the land use planning man-
ager in granting or denying a variance shall
become final and effective ten days after the ren-
dering of his decision granting or denying the
variance, unless within such ten-day period an
appeal in writing is filed with the planning com-
mission by either an applicant or an opponent,
The filing of such appeal within such time limit
shall stay the effective date of the order of the
land use planning nianâger until such time as a
final decision on the appeal is reached.
742
I.
JAN-05-2004 NON 02:58 PM C V OF CARLSBAD FAX NO ______ 8559 F. 04
21.51,060
(b) An appeal to the planning commission shall
be processed In the same manner as an original
appucarion for a variance under Chapter 21.50 of
this code.
(c) The decision of the planning commission
shall be final unless appealed to the city council in
the manner provided for appeals of variances under
Chapter 21.50 of this code. (Ord, 1256 j 7 (parr),
1982; Ord. 9598 § 2 (part)1 1981)
743 (Cr1bAd 4)
MEL PAGE 02
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JAN-05-2004 NON 02:57 PM O0F OARLSBD
21.51.010
Chapter 21.51
ADMINISTRATIVE VARIANCES
Sections:
1131.010 Authority of laud use pluwüug
manager to grant certain
yarneea.
21.51.020 Extent of viauce.
3131030 Application and fees.
21.51040 Nodce and procedure.
21.51.050 Decision of the laud use
planning mngger.,
2251.060 Effective date of va*jae-
Appe2I.
21.51,010 Authority of land us planning
manager to grant certain variances.
The land use planning manager shall have the
roliowing powers and duties:
(1) To grant such variances from the zoning
provisions of this code as will not be contrary to
its intern or to the public health. safety and Seri.
ral welfare when. 4ue to special conditions or
exceptional characteristics of the property ár of
ha location or surroundings as specified in sub
section (2) of this section. strict and literal inter-
pretation and enforcement or the provisions of
this code would result in unusual difficulties or
unnecessary hardship or be inconsistent with the
general purpose of this code.
(2) The land use planning manager may grant
a vaxianec from the zoning provisions of this
code wlicu it appears finm the facts contained in
the application and from information obralned
by the land use planning manager that the fol-
lowing findings can be made:
(a) That there are exceptional or emczrnordi-
nary 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 zonet
(b) That such variance is necessary for the
preservation and oyrncnt of a substantial
property right possessed by other property in the
same vicinity and zone but which is denied to the
property in question;
(C) That the granting of such variance wili not
be materially detrimental to the public welfare or
injurious to the property or improvements in
such vicinity and zone iA which the property is
located
(4) That the granting of such variance will not
adversely affect the comprehensive general plan.
(3) tn granting any variance, the land use
plaanieg manager may impose such cotions
as he deerfls necessary or desirable to protect the
public health, eatery and general welfare in
accordance with the purpose and Intent of this
code. (Ord. 1256 § 7 (part), 1982; Ord. 9598 § 2
(pan), 1981)
2131.020 Extent of variance.
Variances puted by the land use planning
manager sl,ait be limited to:
(I) Modification of distance or area regula-
tions, provided such modification does not
exceed seventy ,-five percent of required front.
side or rear yards nor exceed ten percent of max-
imum lot coverage regulations:
(2) Modification of the minimum Lot width
regulations, provided such modification does
not result in a lot width less than fifty feet:
(3) Walls or ficnam to exceed heights permit-
ted by the zoning regulations:
(4) Modifications to the sign area regulations,
provided such modification does not exceed ton
percent of the maximum allowed sign area
(5) Modifications to the sign height reg4a-
tions, provided such modification does not
exceed ccii percent of the maximum allowed sign
height.
All other variance applications not listed in
this section shall be processed pursuant to Chap-
ter 21.50 of this code. (Ord. 9651 § L. 192: Ord,
1256 § 7 (part), 1992; Ord. 9$98 § 2 (parr). 1981
741
01/6/24 22:42 619523851
JN-0-2004 MON 02:7 P11 0•0F OARLSBD
MEL PAGE 03
FAX NO 780 60 9 P. 03
.SL03O
21.51.030 Applicadon and fees.
(a) Application for a zone variancr may be
made by the owner of the property affected or the
authorized agent of the ownen Application shell
be filed with the land use planning manager upon
Ibrins provided by him The application shall
state fully the circu tancs and CQn&th)i1.s
relied upon as groumis for the application and
shall be a coinpanied by adequate plans, a legal
description ofthe property involved and all other
materials as speeruied by the land use planning
(b) At the time of fIling the application the
applicant shall pay a processing fee in an imount
as sciuiac1 by oudil roLuy.ion. (Ord. 1256 §
(part), 1982 Ord. 9598 § 2 (part), '1981)
21.51.040 Notice and procedure.
(a) Upon the acceptance of a complete
application and payment of the requixid fees for
a varjance, the land ust planning manager shall
give written notice by mall or personal delivery
to all property owners as shown on the last equal-
izr.d. aseeetet roll within three hundred reet of
the subject property at least fifteen days prior to a
decision on the application,
(b) Any pczlon so notified may Ale written
objections or a written request to be heard within
ten days after the mailing or personal delivery of'
the notice. If a written request tQ be heard is filed,
the land use planning manager shall schedule a
hearing and provide written notice to the appli.
cnns and the requ5t or at least five days prior to
the hearing. The hearing is not a public hearing
and may be ihformal.
(c) The land use planning manager shall have
the discretion to set any variance under this
chapter for a public hearing before the planning
commission. In such case the variance shall be
processed according to the provisions of Chapter
21,50 of this code. (Ord. 1256 § 7 (parr), 1982
Ord. 9598 § 2 (part), 198 1)
21.51.050 Decision of the land use planning
manager.
(a) The Land use planning manager shall ren-
der his decision upon the completion of his
investigation of the facts as set forth in the
application and his review of the circumstances
of the particular case. If a hearing is held, he shall
render his decision within ten days of the conclu-
sion of the hearing.
(b) The manager shah announce his derision
and findings by letter o the applicant and the
Letter shall recite, among other things. the facts
and reasons which in the opinion of the land use
planning manager make shegraxing or denial of
the variance necessarytacarryout rheprovislons
and general purpose of this title and shall order
that the variance be granted or denied, and if
such letter orders that the variance be granted. it
shall also notice such conditions and limitations
as the manager may impose. The letter shall be
scar to any person who requested or appewad at
the bii.ng and to the planning commission and
city council.
(c) If the land use planning manager, after
considering the facts presente4 in the case. is
unable to make the findings set forth in Section
21,51.013 (2), he shall deny the variance, (Ord,
1,356 § 7 (part), 1982: Ord. 9598 § 2 (parr). 198 1)
2151.060 Effectiv, date of variance—
Appeal.
(a) The order of the land use planning man.
agee in grunting or denying a variance shall
became final and effective ran days after the ren-
dering of his decision granting or denying the
variance, unless within such ten-day period an
*ppeal in wriing is filed with the planning corn-
mission by either an applicant or an opponent.
The filing of such appeal within such rime limit
shalt stay the efTecyive date of the order of the
land use planning manager until such time as a
h1nal decision on the appeal is reached.
742
01/6/2004 22:42 61923851 MEL PAGE 04
JAN-05-2004 NOR 02:58 PN CSOF CRLSBD FAX NO. 760 659 P. 04
21.51,060
(b) An iWeal to the planning COMMISSion shall
be pocesse4 In the same manner as an orginaI
appaden for ivndance under Chapter 21.50 of
this code.
(c) 'jite &C1IOn of the planing commission
shall be final unlew appealed to the city mndl in
the maom provided for appeals of varces under
Chapter 21.50 of thla codes (Ord. 1256 * I (put),
1982; Ord. 9599 j 2 (pelt). 1981)
743 921'
01/06/204 22:42 E19523851
THOMAS ENTERPRISES INC.
MEL PAGE 01
3604 Crkton Street
San Diego, C I1rnia 92106
Tel: 619,69.3895
Fax; 619$3.0851
www.thom&.erit.com
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