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HomeMy WebLinkAbout1998-04-15; Planning Commission; Resolution 42560 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. 4256 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING PROPERTY LOCATED AT 2701 OCEAN STREET IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: MANN RESIDENCE CASE NO. : CDP 97-23 WHEREAS, William C. Mann, “Developer”, has filed a verified apl with the City of Carlsbad regarding property owned by William C. Mann, “Owner”, d as COASTAL DEVELOPMENT PERMIT NO. CDP 97-23 ON All of Lots 28 and 29, Block “A” of Map No. 2 of the Hayes Land Company Addition in the City of Carlsbad, County of San Diego, State of California, According to Map Thereof No. 1221, Filed in the Office of the County Recorder of San Diego, November 4, 1909 excepting from said Lots 28 and 29 the Northeasterly 5 feet thereof. (“the Property”); and WHEREAS, said verified application constitutes a request for a Development Permit as shown on Exhibits “A”-“B” dated April 15, 1998, on fil Planning Department, MANN RESIDENCE CDP 97-23 as provided by Chapter 21.2C the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 15th day of April 199 duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all t and arguments, if any, of all persons desiring to be heard, said Commission considered 2 relating to the CDP. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Commission of the City of Carlsbad as follows: 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 e A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Cor APPROVES MANN RESIDENCE CDP 97-23, based on the following and subject to the following conditions: Findings: 1. That the proposed development is in conformance with the Certified Local Program (LCP) and all applicable policies in that the LCP Land Use Plan dt the subject site for residential development. The subject site is located w: Coastal Shoreline Development Overlay Zone. However, due to the 1 proposal to add on five feet of building width immediately adjacent to the south side of the structure in an already disturbed location and the absence 4 steeper than 25% inclination and/or native vegetation in this area, c application of the stringline method of measurement is required. No I portions of a structure shall be permitted further seaward than those allow line drawn between the adjacent structure to the north and south. 2. The proposal is in conformity with the public access and recreation policies of C of the Coastal Act in that a public accessway is provided on the southern ext this project. 3. Buildings and structures are located on the site so as to create a generally E appearance and be agreeably related to surrounding development and the environment. 4. Buildings, structures, and landscaping are so located as to preserve to the degree any ocean view as may be visible from the nearest public street. 5. Insofar as is feasible, natural topography is retained and incorporated into the p development. 6. Any grading in connection with the proposed development will be executed ~ blend with the existing terrain both on and adjacent to the site. Conditions: 1. Staff is authorized and directed to make, or require Developer to make, all cor and modifications to the document(s) necessary to make them internally consis in conformity with final action on the project. Development shall occur substan shown in the approved Exhibits. Any proposed development different frc approval, shall require an amendment to this approval. 2. The applicant shall apply for and be issued building permits for this pro within two (2) years of approval or this coastal development permit will ex] unless extended per Section 21.201.210 of the Zoning Ordinance. PC RES0 NO. 4256 -2- I . 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 ' * 9 PASSED, APPROVED AND ADOPTED at a regular meeting of the F Commission of the City of Carlsbad, California, held on the 15th day of April 1998, following vote, to wit: AYES: Chairperson Noble, Commissioners Compas, Heineman, M Savary, and Welshons NOES: Commissioners Neilsen ABSENT: ABSTAIN: ATTEST: MICHAEL J. HOBMIL~AR Planning Director ~ 1 I PC RES0 NO. 4256 1 -3-