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HomeMy WebLinkAbout1997-05-07; Planning Commission; Resolution 40894 /I 0 0 b 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. 4089 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A HILLSIDE DEVELOPMENT PERMIT TO ALLOW THE CONSTRUCTION OF TWO CONDOMINIUM UNITS ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF OCEAN STREET, SOUTH OF CYPRESS AVENUE IN THE COASTAL ZONE IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: SEA BISQUIT CASE NO: HDP 97-02 WHEREAS, Patrick McGuire, “Developer”, has filed a verified applicatiox the City of Carlsbad regarding property owned by Patrick McGuire, “Owner”, described a; Lot 3 and 4 of Block A of Map No. 2 of the Hayes Land Company (incorporated) addition in Carlsbad, according to Map thereof No. 1221 filed in the Office of the County Clerk November 3,1909 (“the Property”); and WHEREAS, said verified application constitutes a request for a Hi Development Permit as shown on Exhibits “A”-“G” dated May 7, 1997, on file in the C~I Planning Department (Sea Bisquit - SDP 96-16/HDP 97-02N 96-01KDP 96-16) as pro by Chapter 21.95 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 7th day of May 1997, co! said request; and WHEREAS, at said hearing, upon hearing and considering all testimon! arguments, if any, of all persons desiring to be heard, said Commission considered all f; relating to the Hillside Development Permit. ... 4 Y 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 0 0 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Pla Commission as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Comm APPROVES Hillside Development Permit, HDP 97-02, based on the follc findings and subject to the following conditions: Findings: 1. That hillside conditions have been properly identified on the constraints map which existing and proposed conditions and slope percentages. 2. That undevelopable areas of the project, i.e. slopes over 40%, have been prc identified on the constraints map. 3. That the development proposal is consistent with the intent, purpose, and requireme] the Hillside Ordinance, Chapter 21.95, in that the project will not result in signif grading or disturbance of the hillside and will be compatible with surroun developments. The project has been designed with a step-down building pz reduce visual impacts of the project. 4. That the proposed development or grading will not occur in the undevelopable portio the site pursuant to provisions of Section 21.53.230 of the Carlsbad Municipal Coc that no development is proposed on the 40-percent or greater slopes on thc (which are limited to the existing revetment on the site). Further, environmentally sensitive lands are located on this previously developed pursuant to Section 21.53.230. 5. That the project design substantially conforms to the intent of the concepts illustrat the Hillside Development Guidelines Manual, in that the project minimizes gra amounts, reduces visual impacts with a step-down building pad and a lower- (21-feet) building facade on Ocean Street. In addition, the project is similar to compatible with surrounding developments. 6. That the project design and lot configuration minimizes disturbance of hillside land that the amount of grading is limited to that required to create a pad for development and amenities, and the proposed amount of grading (5,000 cu yds acre) is within the acceptable range for a hillside lot. Conditions: 1. The Planning Commission does hereby APPROVE the Hillside Development Permi project entitled Sea Bisquit, Exhibits “A”-“G” dated May 7, 1997, on file in PC RES0 NO. 4089 -2- 1 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 Planning Department and incorporated by this reference, subject to the conditions 1 set forth. Staff is authorized and directed to make, or require Developer to mal corrections and modifications to the Hillside Development Permit document( necessary, to make them internally consistent and in conformity with final action ( project. Development shall occur substantially as shown in the approved Exhibits. proposed development substantially different from this approval, shall requi amendment to this approval. 2. Approval of HDP 97-02 is granted subject to the approval of CP 96-01, MS 5 SDP 96-16, V 96-01 and CDP 96-19. 3. The conditions of approval contained in Planning Commission Resolutions No. 4088,4090 and 4091, are hereby included herein by reference. PASSED, APPROVED AND ADOPTED at a regular meeting of the Pla Commission of the City of Carlsbad, California, held on the 7th day of May 1997, k following vote, to wit: AYES: Commissioner Compas, Heineman, Monroy, Noble and Savar NOES: Chairperson Nielsen and Commissioner Welshons ABSENT: None ABSTAIN: None /-";' "" "+ ./' ,""+fl-fl- ,$> i,"" c P/ \ ROBdRf NIELSENzhairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HMZMI~LER Planning Director 1 PC RES0 NO. 4089 -3 -