HomeMy WebLinkAbout1995-09-06; Planning Commission; Resolution 3793” ll e -..
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PLANNING COMMISSION RESOLUTION NO. 3793
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNLA, APPROVING
A VARIANCE TO BUILDING HEIGHT AND FRONT
YARD SETBACK STANDARDS ON VACANT PROPERTY
GENERALLY LOCATED ON THE WEST SIDE OF
OCEAN STREET, DIRECTLY ACROSS FROM THE
CARLSBAD BY THE SEA LUTHERAN HOME.
CASE NAME: CARLSBAD BY THE SEA LUTHERAN
HOME
CASE NO: V 94-01
WHEREAS, California Lutheran Homes has filed a verified applica
certain property, to wit:
Parcel C: Lots 50, 51, 52 and the south 15 feet of Lot 49, in
Block “A of Map No. 2 of the Hayes Land Company,
incorporated, addition, in Carlsbad, County of San Diego, State
of California, according to Map thereof 1221, filed in the Office
of the County Recorder of San Diego County, November 4,
1909.
l5 11 has been filed with the City of Carlsbad, and referred to the Planning Commission
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WHEREAS, said verified application constitutes a request for a van;
provided by Chapter 21.50 of the Carlsbad Municipal Code; and
19 WHEREAS, the Planning Commission did, on the 16th day of August, 1995
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the 6th day of September, 1995, hold a duly noticed public hearing as prescribed by
consider said request; and
22 I1 WHEREAS, at said public hearing, upon hearing and considering all tes
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and arguments, if any, of all persons desiring to be heard, said Commission conside
25 /I factors relating to V 94-01.
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A) That the above recitations are true and correct. 28
Commission of the City of Carlsbad as follows:
NOW, THEREFORE, BE IT HEREBY RESOLVED by the PI
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findings and subject to the following conditions: 2
B) That based on the evidence presented at the public hearing, the
Commission APPROVES V 94-01, based on the following
Findings: 3
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That there are exceptional or extraordinary circumstances or conditions apl
to the property or to the intended use that do not apply generally to the
property or class of use in the same vicinity and zone in that properties 7
Ocean Street have radically sloping topography which limits automobile ac
the eastern third of the lot thereby resulting in garage structure encroachme1
front yard setbacks. Additionally, the application of development standar
Local Coastal Program policies requiring onsite parking to serve multiple I
seaward stringline setback, additional street dedication, 20' front yard setba
a maximum building height of 24' (flat roof) and two stories, substantially
the development potential of these parcels without zoning relief. Thc
development is exceptional in that the easterly 50% of the structure consists
above-grade roof deck enclosing a partially subterranean garage which is we1
the maximum building height while the westerly half of the structure exce
height and story standard. As the roof and underlying structure proceed o'
bluff, the structure increases in height to 39 feet and three stories, due to ad1
to the structural stringline setback at the base of the bluff, and a ?
foundation/seawall which supports and protects the project from wave acti'
erosion. Although building height is exceeded at the westerly location, and t
deck and garage structure encroach to within 2' of the front property line, the
is lower in height and less intense than existing development to the north and
That the requested variance is necessary for the preservation and enjoyme
substantial property right possessed by other property in the same vicinity an
but which is denied to the property in question, because without the requested
and setback variances, the scale of the project would have to be rl
substantially, while numerous variances have previously been granted for pro
along Ocean Street because of the physical and development restrictions
above.
That the granting of this variance will not be materially detrimental to the
welfare or injurious to the property or improvements in the vicinity and z
which the property is located, in that the project is lower, less intense, and th,
compatible with surrounding development. The architectural design in whi
high landscaped roof deck is visible along Ocean Street will visually enhar
area while retaining some visual access to the beach. Additionally, the prc
conditioned to construct curb and sidewalk improvements along its Ocean
frontage thereby improving pedestrian and vehicular access in the area.
26 4. That the granting of this variance will not adversely affect the General Plan,
Element; 2) a commercial professional care operation providing living units 27 the project is: 1) consistent with land uses designated for the area by the La1
28 are not subject to residential density ranges or the Growth Management ;
PC RES0 NO. 3793 -2-
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control point; and 3) in compliance with Noise and Open Space (Hi
Preservation) Element policies as conditioned.
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Conditions:
1. Approval of V 94-01 is granted subject to the approval of LCPA 95-07, RI
in Planning Commission Resolutions 3790, 3791, 3792 and Design Review
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Resolutions 228,229,230 and 231 for the Carlsbad By The Sea Lutheran f
PASSED, APPROVED, AND ADOPTED at a regular meeting
5 CDP 94-06, CUP 94-10, HDP 94-08. V 94-01 is subject to all conditions co
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Planning Commission of the City of Carlsbad, California, held on the 6th day of Sepl
1995, by the following vote, to wit:
AYES: Chairperson Welshons, Commissioners Compas,
Monroy, Nielson and Savary
NOES:
ABSENT: Commissioner Noble
ABSTAIN:
KIM ~ELSHONS, Chairperson
CARLSBAD PLANNING COMMI!
l8 ATTEST
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20 MICHAEL J. H~ZMIL~R
21 /I Planning Director
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PC RES0 NO. 3793 -3-