HomeMy WebLinkAbout1998-05-06; Planning Commission; Resolution 4267e‘ /I 0 0
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
PLANNING COMMISSION RESOLUTION NO. 4267
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
PROPERTY GENERALLY LOCATED ON THE WEST SIDE
OF OCEAN STREET BETWEEN CYPRESS AVENUE AND
BEECH AVENUE IN LOCAL FACILITIES MANAGEMENT
ZONE 1.
CASE NAME: OCEAN STREET CONDOMINIUMS-
CASE NO.: CDP 97-36
WHEREAS, Cindy Blair, “’Developer’’, has filed a verified application
City of Carlsbad regarding property owned by Philip R. Palisoul and Pamela F. :
husband and wife, as joint tenants, and Martin L. Blair and Cynthia S. Blair, husb
wife, as joint tenants, “Owner”, described as
COASTAL DEVELOPMENT PERMIT NO. CDP 97-36 ON
PALISOUL/BLAIR RESIDENCE
Lots 15 and 16 in block “A” Hayes Land Co. Addition to
Carlsbad Map No. 2, City of Carlsbad
(“the Property”); and
WHEREAS, said verified application constitutes a request for a
Development Permit as shown on Exhibits “A” - “G” dated May 6,1998, on file in the
Department, OCEAN STREET CONDOMINIUMS - PALISOULBLAIR RES11
CDP 97-36 as provided by Chapter 2 1.201.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 6th day of May 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 :
relating to CDP 97-36.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the
~ Commission of the City of Carlsbad as follows:
I
, *-
1
0 0
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Con
RESIDENCE, CDP 97-36, based on the following findings and subjec
following conditions:
APPROVES OCEAN STREET CONDOMINIUMS - PALISOUL,
Findings:
1. That the proposed development is in conformance with the Certified Local
Program and all applicable policies in that a) the property is designated
(Residential - High Density) uses in the LCP and the property is being dt
consistent with the RH designation; b) a geotechnical report was prep
conformance with the Mello I1 Segment requirements, and this report deti
that the proposed development will have a useable life span of at least 50 yc
that the development will have no adverse effect on the stability of the coast;
and c) the proposed project complies with the “stringline” setback requirem
the structure, decks, fences, and seawall.
2. The proposal is in conformity with the public access and recreation policies of C
of the Coastal Act in that: a) adequate vertical access exists within approxima
feet of the project site; b) the project site has not historically been ant
currently used as a beach access point; and c) the project site is not identij
potential desirable location for additional new shoreline access by the Local
Program.
3. The project complies with the requirements of the Coastal Resource Protection
Zone in that the project complies with all of the applicable development stan
Chapter 21.204 of the Carlsbad Municipal Code because a) a geotechnica
prepared for the site determined that the site slopes are stable and that grac
development impacts of the project are mitigable for at least 75 years or tl
the structure (50 years) and development of the site will not result in an
impact on the stability of the coastal slope; b) grading of the slopes is essenti
development intent and design of the project since the steep slopes are locatc
middle of the property less than 50’ from the eastern property line;
disturbance will not result in substantial damage or alteration to major
habitat or native vegetation areas since the site is an infill site containing r
vegetation; d) the project site is less than 10 acres in size but is not predomi
steep slopes and development of the site will not interrupt a wildlife corrido
development of the site will not result in environmental impacts.
4. The project complies with the requirements of the Coastal Shoreline Dev
Overlay Zone in that a) the project is conditioned to dedicate land westwal
proposed sea wall for public access; b) a geotechnical report for the prc
concluded that the proposed development will have a useful life of at least
and that the development will have no adverse effect on the stability of th
slope; c) the proposed development has been designed to be architecturally
PC RES0 NO. 4267 -2-
rr. 0 0
J
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
and to be compatible with the surrounding development and natural envirc
d) the proposed project preserves ocean views to the extent possible by uti
low building facade on the street site and providing the required side yard sc
e) retains natural features/topography to the extent possible by stepping dl
hillside; e) grading is designed to blend with the existing and natural surrou
and f) the project adheres to all coastal stringline setback requirements
placement of structures, decks, fences, and sea wall.
Conditions:
1. Staff is authorized and directed to make, or require the Developer to make, all co
and modifications to the Coastal Development Permit documents, as necessary
them internally consistent and in conformity with the final action on the
Development shall occu substantially as shown on the approved Exhibits. Any I
development substantially different from this approval, shall require an amenc
this approval.
2. The applicant shall apply for and be issued building permits for this projec
two (2) years of approval or this coastal development permit will expir’
extended per Section 21.201.210 of the Zoning Ordinance.
3. Prior to the issuance of building permits, the applicant shall apply for and
grading permit issued by the City Engineer.
4. Approval of CDP 97-36 is granted subject to the approval of SDP 97-17, V 974
97-14 and SUP 97-08. CDP 97-36 is subject to all conditions contained in 1
Commission Resolutions No. 4263, 4264, 4265, and 4266 for SDP 97-17, ’
HDP 97-14, and SUP 97-08, and the Planning Department’s approval lettel
97-05 and AV 97-07, and the Engineering Department’s approval letter for
12.
5. The applicant will dedicate any land seaward of the proposed sea wal
California Coastal Commission or their designee as agreed to with the CI
Coastal Commission.
...
...
...
...
PC RES0 NO. 4267 -3 -
*A
?
e e
1 PASSED, APPROVED AND ADOPTED at a regular meeting of the I
2
3
Commission of the City of Carlsbad, California, held on the 6th day of May 1998
4
following vote, to wit:
AYES: Chairperson Noble, Commissioners Compas, Heineman, N
5
6
and Savary
NOES: Commissioners Nielsen and Welshons
7
8
9
10
ABSENT:
ABSTAIN:
14
15
16
ATTEST:
*
17 MICHAEL J. H~LZMI~~ER
18 Planning Director
19
20
21
22
23
24
25
26
27
28 PC RES0 NO. 4267 -4-