HomeMy WebLinkAbout1990-10-17; Planning Commission; Resolution 31306. c. m e
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PLANNING COMMISSION RESOLUTION NO. 3130
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CARLSBAD, CALIFORNIA, APPROVING A VARIANCE TO
ALLOW SETBACKS TO BE REDUCED FROM 10 FEET TO 6 FEET
AND INCREASING BUILDING HEIGHT FROM 25 FEET TO 47 FEET
6 INCHES AND NUMBER OF STORIES FROM 2 TO 4 FOR A 6
UNIT CONDOMINIUM PROJECT GENERALLY LOCATED ON THE
SOUTHWEST CORNER OF THE INTERSECTION OF OCEAN
STREET AND GRAND AVENUE.
CASE NAME: ST. TROPEZ WEST
CASE NO.: V 90-2
WHEREAS, a verified application for certain property, to wit:
Lot 1 of Block B of the Hays Land Company Addition in the City of
Carlsbad, County of San Diego, State of California, according to
map thereof No. 1221, filed in the office of the County Recorder of
San Diego County, November 4, 1909,
has been filed with the City of Carlsbad, and referred to the Planning Commission; :
WHEREAS, said verified application constitutes a request as provided
of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 17th day of October,
a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all tes
arguments, if any, of all persons desiring to be heard, said Commission considered
relating to V 90-2.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Cod
City of Carlsbad as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commiss
APPROVES V 90-2, based on the following findings and subject to the follow
conditions:
Findings:
1. There are exceptional or extraordinary circumstances or conditions applic:
property or intended use that do not apply generally to the other property in
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vicjnity and zone because the property which is located on the west side of C
slopes radically toward the beach partly as a result of erosion caused by wave
develop the property and comply with City requirements such as parking
dedication as well as an ocean setback based on a "stringline" method of mea
descrited in Policy 7-12 of the Mello I1 LCP, causes the buildable area of the si
than that of existing projects. The proposed project sideyard setbacks will I
8, and 14 feet or greater to provide building planes wit% a great deal of
proposed project height and number of stories complies with the 2 stork
maximum height as measured from Ocean Street The requested variance i
because of the topography of the site and the need to create the undergrow
garage and a level building surface.
2. Such variance is necessary for the preservation and enjoyment of a substanti
right possessed by other property in the same vicinity and zone because I
sideyard setback and building height variance the scale of the project would
reduced substantially while numerous variances have previously been I
properties along Ocean Street because of the physical and regulatory restric
previously- The applicant's engineer has surveyed numerous properties on tt
of Ocean Street which are shown on the sketches attached to the staff rep01
been stamped and signed by the engineer. This information shows tha
developments on the west side of Ocean Street that presently exist at heights 4
to that requested for this project because of the topography on the west sid
Street The proposed project density is considerably less than that c
developments and will utilize high quality surface materials.
3. The granting of such variance will not be matdy detrimental to the public
injurious to the property or improvements in the vicinity and zone in which tl
is located because all other requirements have been met including parking, lo
density, required recreational open space, and provision of an additional five ft
of-way for Ocean Street.
4. The granting of such variance will not adversely affect the comprehensive pk
provide for the removal of an existing structure in need of repair having no p:
a high quality project that will be an improvement to the area and have 15 om
spaces. The project will be compatiile with surrounding uses in scale and den
in an area presently served by all necessary public utilities and services.
Conditions:
1. Approval is granted for V 90-2, as shown on Exhibit(s) "A" - "K", dated Octobe
incorporated by reference and on file in the Planning Department. Develop
occur substantially as shown unless otherwise noted in these conditions.
2. Approval of V 90-2 is granted subject to the approval of CT 90-7, PUD 90-11
90-15.
3. AU conditions stated in Resolutions 3126, 3127, 3128, and 3129 for the C
Negative Declaration, CT 90-7, PUD 90-11, and HDP 90-15 are incorporated b;
herein
...
PC RES0 NO. 3130 -2-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of th
Commission of the City of Carlsbad, California, held on the 17th day of October, 1'
following vote, to wit:
AYES : Commissioners: Schlehuber, Erwin and Marcus.
NOES: Chairperson Schramm and Commissioner McFadden.
ABSENT: Commissioners: Hall and Holmes.
ABSTAIN: None.
CARLSBAD PLANNING COMMI
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11 PC RES0 NO. 3130 -3-