HomeMy WebLinkAbout1997-12-17; Planning Commission; Resolution 42100 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. 4210
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
PROPERTY GENERALLY LOCATED WEST OF TIERRA DEL
ORO, NORTH OF CANNON ROAD IN LOCAL FACILITIES
MANAGEMENT ZONE 2, WITHIN THE COASTAL
COMMISSION APPEAL AREA OF THE COASTAL ZONE.
CASE NAME: EATON RESIDENCE
CASE NO.: CDP 97-42
WHEREAS, Andrew Wilt, “Developer”, has filed a verified application
City of Carlsbad regarding property owned by Homer and Nina Eaton, “Owner”, descr
COASTAL DEVELOPMENT PERMIT NO. CDP 97-42 ON
Lot 12 Tierra Del Oro, in the City of Carlsbad, County of San
Diego, State of California, according to Map No. 3052 as filed
in the Office of the County Recorder of San Diego County,
February 4,1954
(“the Property”); and
WHEREAS, said verified application constitutes a request for a
Development Permit as shown on Exhibits “A”-“E” dated December 17, 1997, on fi
Planning Department, CDP 97-42 as provided by Chapter 21.20 1.040 of the Carlsbad h
Code; and
WHEREAS, the Planning Commission did, on the 17th day of Decemb
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 t8
and arguments, if any, of all persons desiring to be heard, said Commission considered a
relating to CDP 97-42.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the
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 Cor
APPROVES Coastal Development Permit CDP 97-42, based on the f
findings and subject to the following conditions:
Findings:
1. That the proposed development is in conformance with the Certified Local
Program and all applicable policies in that the proposed improvements to the
single family residence are consistent with the Mello I1 land use designation
density development. They are also consistent with the adjacent single fam
This project is located in the Coastal Commission appeal area and is PO
subject to an appeal by the Coastal Commission.
2. The proposal is in conformity with the public access and recreation policies of C
of the Coastal Act in that adequate public beach access is provided in two locr
the area: (1) the bluff trail at the northern terminus of Tierra del Oro anc
Jensen stairway being constructed near the southern terminus of Shore Driv
3. The proposal is in conformity with the provisions of the Coastal Resource PI
Overlay Zone which applies since the site contains a natural slope in excess
inclination (the coastal bluff). Adequate studies and analysis by th,
Engineering Department have addressed the ability of the slope to sup
proposed improvements.
4. The proposal is in conformity with the provision of the Coastal S
Development Overlay Zone which applies since the site is located between
and the first public road within the Mello I1 LCP segment. Geotechni
drainage studies were submitted, and underwent Engineering Department r
order to determine that the 25 foot blufftop setback is adequate.
5. The Planning Director has determined that the proposed project is exem
environmental review subject to CEQA Categorical Exemption 15301(e)(2).
6. The Planning Commission has reviewed each of the exactions imposed on the D
contained in this resolution, and hereby finds, in this case, that the exactions are
to mitigate impacts cause by or reasonably related to the project, and the exten
degree of the exaction is in rough proportionality to the impact caused by the pro:
Conditions:
1. The Planning Commission does hereby APPROVE the Coastal Development PC
the project entitled Eaton Residence (Exhibits “A”-“E” dated December 17,
file in the Planning Department and incorporated by this reference, subjec
conditions herein set forth.) Staff is authorized and directed to make, 01
Developer to make, all corrections and modifications to the CDP docume
necessary, to make them internally consistent and in conformity with final actio
project. Development shall occur substantially as shown in the approved Exhib
1 PC RES0 NO. 4210 -2-
e 0
proposed development substantially different from this approval, shall re1
amendment to this approval.
2. Prior to the issuance of building permits, the Developer shall pay to the
inclusionary housing impact fee as an individual fee on a per market rate dwel
basis.
3. Building permits shall be issued for this project within two (2) years of appl
or this coastal development permit will expire unless extended per Sel
21.201.210 of the Zoning Ordinance.
4. Prior to the issuance of a building permit, the developer shall record a
restriction/waiver of public liability in compliance with the requiremen
Municipal Code Section 21.204.120 (Coastal Shoreline Development Ovl
Zone).
5. Prior to the issuance of any building permits, or prior to March 1, 1
whichever occurs first, an on-site inspection shall be made by Planning
Building Department staff to ensure compliance with the stringline set1
requirement for structures, walls and fences over 30 inches in height.
addition, the building permit set of plans shall accurately reflect the pres
and length of the “existing five foot high block walls located on the side pro1
lines.”
...
...
...
...
,..
...
...
..*
~
PC RES0 NO. 42 10 -3 -
0 8
PASSED, APPROVED AND ADOPTED at a regular meeting of the :
Commission of the City of Carlsbad, California, held on the 17th day of December 199
following vote, to wit:
AYES: Chairperson Nielsen, Commissioner’s Compas, Heineman,
Monroy, Noble, Savary and Welshons
NOES:
ABSENT:
ABSTAIN:
ROBERT NIELSEN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
~ Mm
18
19
20
21
22
23
24
25
26
27
28
Planning Director
PC RES0 NO. 42 10 -4-