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HomeMy WebLinkAbout1994-01-19; Planning Commission; Resolution 3611- 1 1 2 3 4 5 6 7 8 9 LO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e 0 PLANNING COMMISSION RESOLUTION NO. 3611 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A 10 FOOT HIGH FENCE ON TOP OF A 6 FOOT HIGH RETAINING WALL IN THE REAR YARD SETBACK OF A SINGLE FAMILY LOT ON PROPERTY GENERALLY LOCATED AT 2909 CANDIL PLACE. CASE NAME: CIMA TENNIS COURT FENCE CASE NO: PCD 93-02 WHEREAS, a verified application for certain property to wit: Lot 7 of Carlsbad Tract No 75-04, La Costa Estates North, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 8302, fled in the Office of the County Recorder of San Diego County, on May 5, 1976, has been filed with the City of Carlsbad and referred to the Planning Commission; an( WHEREAS, said verified application constitutes a request as provided b Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 19th day of January, 1991 consider said request; and WHEREAS, at said hearing, upon hearing and considering all testimony an arguments, if any, of all persons desiring to be heard, said Commission considered a factors relating to the Planning Commission Determination; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commissio as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the hearing, the Commissic APPROVES PCD 93-02, based on the following findings and subject to tk following conditions: .... 0 0 Findinm: 1. The proposed fence height is necessary in order to accommodate use of a tenn 1 2 court. 3 2. The proposed fence wiU not be detrimental to the health, safety, or welfare oft€ residences and is adjacent to permanent open space to the rear of the property 4 surrounding neighborhood, as the fence is adequately setback from adjace 5 6 7 8 9 10 11 12 3. The proposed project is exempt from environmental review per Section 15303(( of the California Environmental Quality Act. Conditions: 1. Approval is granted for PCD 93-02, as shown on Exhibit(s) "A" and "B", datc January 19, 1994, incorporated by reference and on file in the Plannir Department. Development shall occur substantially as shown unless otherwi: noted in these conditions. 2. If any court lights are to be added in the future, such lights shall be designed 1 reflect downward and avoid any impacts on adjacent homes or property. ~ 13 14 15 16 .... .... .... 17 .... 18 .... 19 /I .... I 20 21 22 .... .... 23 24 .... 25 '*" .... 26 27 PC RES0 NO 3611 -2- 28 /I ll /I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e e PASSED, APPROVED, AND ADOPTED at a regular meeting of the Plannir Commission of the City of Carlsbad, California, held on the 19th day of January, 199. by the following vote, to wit: AYES: Chairperson Savary, Commissioners: Schlehuber, Betz, Nobl, Erwin & Hall. NOES: Commissioner Welshons. ABSENT: None. ABSTAIN: None. - CARLSBAD PLANNING COMMISSION ATTEST: u MICHAEL J. HOLZMILYER PLANNING DIRECTOR PC RES0 NO 3611 -3- I/