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HomeMy WebLinkAbout1996-12-04; Planning Commission; Resolution 4023F e 0 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 PLANNING COMMISSION RESOLUTION NO. 4023 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING PROPERTY GENERALLY LOCATED AT 285 JUNIPER AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: JAEGER TRI-PLEX CASE NO.: CDP 96-04 WHEREAS, Ted A. Buchanan, “Developer”, has filed a verified appli, COASTAL DEVELOPMENT PERMIT NO. CDP 96-04 ON with the City of Carlsbad regarding property owned by Chester and Eileen Jaeger, “01 described as: The southwesterly 65.5 feet of Lot 2 in block “R” of Palisades No. 2, in the City of Carlsbad, County of San Diego, State of California, according to the map thereof No. 1803, filed in the office of the County Recorder of San Diego County, August 25, 1924. Excepting therefrom the southeasterly 105 feet of Lot 2 (“the Property”); and WHEREAS, said verified application constitutes a request for a CI Development Permit as shown on Exhibits “A”-“E” dated December 4, 1996, on file j Planning Department, Jaeger Tri-plex - CDP 96-04 as provided by Chapter 21.201.040 ( Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 4th day of December : hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testil and arguments, if any, of all persons desiring to be heard, said Commission considered all fl relating to CDP 96-04. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plar Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. ..( 0 0 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 B) That based on the evidence presented at the public hearing, the Corn APPROVES Coastal Development Permit, CDP 96-04, based on the folll findings and subject to the following conditions: Findings: 1. That the proposed development is in conformance with the Certified Local C Program and all applicable policies in that the proposed multiple-family resid. project is consistent with the land use policies of the Mello I1 segment o Carlsbad Local Coastal Program and that no other specific policies of the Car Certified Local Coastal Program, Mello I1 segment, apply to this project. 2. That the development is in conformity with the public access and public recrc policies of Chapter 3 of the Coastal Act, in that the project site is currently deve and surrounded by residential development and will not negatively ir recreational opportunities in the area. Furthermore, the site is not located area which is designated for or which could facilitate public access to the coast site which is currently utilized for historic access to the coast. 3. The project site is subject to the requirements of the Coastal Resource Prote Overlay Zone. As designed and conditioned, the project complies witk development standards of Section 21.203.040 of the Carlsbad Municipal CON that: (1) the project consists of the redevelopment of a fully improved site whe necessary drainage improvements for the site, as identified in the Master Dra Plan, exist; (2) less than 50 cubic yards of earth will be moved as part of the PI which does not require a grading permit and therefore will not trigger a restriction on grading activities; (3) as grading under City ordinances is proposed, revegetation of graded areas is not applicable to the project; and ( improvements that are required as part of this project (street improvements) w maintained by the City. Conditions: 1. The Planning Commission does hereby APPROVE the Coastal Development Perm the project entitled Jaeger Tri-plex (Exhibits “A”-“E” dated December 4, 1996, o in the Planning Department and incorporated by this reference, subject to the condj herein set forth. Staff is authorized and directed to make, or require Developer to r all corrections and modifications to the plan documents, as necessary, to make internally consistent and in conformity with final action on the project. DeveloF shall occur substantially as shown in the approved Exhibits. Any proposed develor substantially different from this approval, shall require an amendment to this approva 2. If a grading permit should be required for this project, grading activities sha limited to the months of April through September pursuant to Set 21.030.040(B)(3) of the Carlsbad Municipal Code. 3. Approval of CDP 96-04 is granted subject to the approval of SDP 96-08. CDP 96- subject to all conditions contained in SDP 96-08 for the Site Development Plan. PC RES0 NO. 4023 -2- < I, 1 0 e PASSED, APPROVED AND ADOPTED at a regular meeting of the plannil 2 the following vote, to wit: 3 Commission of the City of Carlsbad, California, held on the 4th day of December 1996,l 4 5 AYES: Chairperson Compas, Commissioners Heineman, Nielsen, b Savary and Welshons 6 7 NOES: None 8 10 9 11 12 WILLIAM COMPAS, Chairpgson 13 CARLSBAD PLANNING COMMISSION 14 15 ABSENT: Commissioner MOIVOY ABSTAIN: None ATTEST: 19 20 21 22 23 24 25 26 27 28 PC RES0 NO. 4023 -3-