HomeMy WebLinkAbout1997-05-07; Planning Commission; Resolution 40911 c
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
m m
PLANNING COMMISSION RESOLUTION NO. 4091
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
PROPERTY GENERALLY LOCATED SOUTH OF CYPRESS
AVENUE, ON THE WEST SIDE OF OCEAN STREET IN
LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: SEA BISQUIT
CASE NO. : CDP 96- 19
WHEREAS, Patrick McGuire, “Developer”, has filed a verified applicatior
the City of Carlsbad regarding property owned by Patrick McGuire, “Owner”, described a:
COASTAL DEVELOPMENT PERMIT NO. CDP 96-19 ON
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 C1
Development Permit as shown on Exhibit(s) “A” - “G” dated May 7, 1997, on file i
Planning Department, Sea Bisquit - CDP 96-19 as provided by Chapter 21.201.040 (
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 7th day of May 1997, 1
duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testi
and arguments, if any, of all persons desiring to be heard, said Commission considered all f
relating to CDP 96-19.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Pla
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
I
t
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 0
B) That based on the evidence presented at the public hearing, the Commi
APPROVES Coastal Development Permit CDP 96-19, based on the follc
findings and subject to the following conditions:
Findings:
1. That the proposed development is in conformance with the Certified Local Cl
Program and all applicable policies in that the property is designated Residential
Density (RH) in the LCP and the property is being developed consistent wit1
designation. Soils and geologic analysis of the project site were prepart
conformance with Mello I1 Segment requirements. These studies determined
with the existing revetment and soil type on the site, the proposed developmen
have a useable life span of at least 75 years and that the development will ha1
adverse effect on the stability of the coastal slope west of the building site. Fur
consistent with Policy 7-12, the proposed structure, decks and balconies comply
the “stringline” method of measurement with adjacent and nearby structures, (
and balconies to the north and south.
2. The proposal is in conformity with the public access and recreation policies of Cha]
of the Coastal Act in that adequate vertical public access exists within 100 feet c
property and the subject site was not identified as a potential lot for fi
additional public access to the shoreline in the Local Coastal Program.
3. The project is subject to the requirements of the Coastal Resource Prote
Overlay Zone. As designed and conditioned, the project complies with
development standards of Section 21.203.040 of the Carlsbad Municipal Coc
that: (1) the project adheres to coastal “stringline” setback measure
requirements for the placement of structures, balconies and decks; (2) the struc
has been designed with an attractive architectural appearance which wil
compatible with the surrounding neighborhood; (3) the project has been desi
with a low-scale building facade on Ocean Street; and, (4) the structure has
sited to preserve the required side yard setbacks which will, to the extent fea:
preserve views of the ocean from the street.
4 The project is subject to the requirements of the Coastal Shoreline Develop
Overlay Zone. As designed and conditioned, the project complies wit1
development standards of Chapter 21.204 of the Carlsbad Municipal Code in tb
soils investigation has been conducted to determine that the site slope arear
stable and grading and development impacts mitigable for at least 75 years o
life of the structure given the existing revetment and soil type on the site. Fur
the study determined that development of the site will have no adverse effect 01
stability of the coastal slopes west of the building site.
5. That grading of the slope is essential to development of the site since the steep s
are located in the middle of the site less than fifty feet from the eastern pro]
line (Ocean Street).
PC RES0 NO. 4091 -2-
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 0
6. That slope disturbance will not result in substantial damage or alteration to n
wildlife habitat or native vegetation since the site was previously developed M
structure, ornamental landscaping and paving and there is no native veget
located on this in-fill site.
7. The project is of less than 10 acres in size and is not predominated by steep SI
Complete grading of the site may be allowed if no interruption of significant wi
corridors occurs. The site is not predominated by steep slopes in that
approximately 113 of the site contains steep slopes, and no wildlife corridor wou
interrupted by the proposed project.
Conditions:
1. The Planning Commission does hereby Approve the Coastal Development Permit fc
project entitled Sea Biscuit CDP 96-19 (Exhibit(s) “A” - “G” dated May 7, 1997 o
in the Planning Department and incorporated by this reference, subject to the cond
herein set forth.) Staff is authorized and directed to make, or require Developer to r
all corrections and modifications to the Coastal Development Permit document(
necessary, to make them internally consistent and in conformity with final action c
project. Development shall occur substantially as shown in the approved Exhibits.
proposed development substantially different from this approval, shall requir
amendment to this approval.
2. Approval of CDP 96-19 is granted subject to approval of CP 96-01, MS 97-01, SDI
16, HDP 97-02 and V 96-01. CDP 96-19 is subject to all conditions contained i~
96-01, MS 97-01, SDP 96-16, HDP 97-02 and V 96-01 for the Condominium Pe
Minor Subdivision, Site Development Plan, Hillside Development Permit
Variance.
3. The applicant will dedicate any land seaward of the revetment to the Califc
Coastal Commission or their designee as agreed to with the California Co
Commission.
...
,..
...
...
...
...
...
. ..
PC RES0 NO. 4091 -3-
e *
1 II PASSED, APPROVED AND ADOPTED at a regular meeting of the Pla
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
1
Commission of the City of Carlsbad, California, held on the 7th day of May 1997, 1:
following vote, to wit:
AYES: Commissioner Compas, Heineman, Monroy, Noble and Savar
NOES: Chairperson Nielsen and Commissioner Welshons
ABSENT: None
ABSTAIN: None
L *.
c**".cIz" 3 .."/ ,/ ,-:- ;." B ."#
/' ,&ez "i.,,
i'; &::E:
9:, ,/ I?= -~.-~,~,~~~-~~.~~~~~~- ---.i_~>., .- "~ ", ~,,
4$% ~ -.44-
ROBETfT NIELSEN, Chairperson
CARLSBAD PLANNING COMMISSION
-...,-.1
ATTEST:
MICHAEL J. HO~MILL~~
Planning Director
I
PC RES0 NO. 4091 -4-