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HomeMy WebLinkAbout1992-04-01; Planning Commission; Resolution 3375a 0 e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 PLANNING COMMISSION RESOLUTION NO. 3375 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A HILLSIDE DEVELOPMENT PERMIT TO ALLOW THE CONSTRUCTION OF A SEAWALL ON PROPERTY GENERALLY LOCATED AT 2665/2667 OCEAN STREET. CASE NAME: PHILLIPS SEAWALL CASE NO: HDP 91-19 WHEREAS, a verified application for certain property to wit: Lots 17 and 18 in Block "A" of Hayes Land Company addition to Carlsbad, Map No. 2, per Map 1221 in the City of Carlsbad, County of San Diego, State of California, has been filed with the City of Carlsbad and referred to the Planning Commission; a WHEREAS, said verif-ied application constitutes a request as provided Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 1st day of April, 19' consider said request; and WHEREAS, at said hearing, upon hearing and considering all testimony a arguments, if any, of all persons desiring to be heard, said Commission considered factors relating to the Hillside Development Permit; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commissi as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commissj hereby APPROVES HDP 91-19, based on the following findings and subjl to the following conditions: 25 26 27 permit exhibit. Filldill=: 1. Hillside conditions have been properly identified on the hillside developme 28 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 2. There are areas previously disturbed by authorized grading and no longer part c a generalized slope system which have been My idenhfied. The exclusion ( these areas is within the intent of Chapter 2.95 and the Commission is exercisin discretion to exclude those areas pursuant to C.M.C. Section 21.95.090fi). 3. The development proposal and all applicable development approvals and permil are consistent with the purpose, intent and requirements of the Hillsid Development Regulations. 4. No development or grading will occur in those portions of the site which iu undevelopable pursuant to the provisions of Zoning Ordinance Sectio 21.53.230(b) with the exception of those portions of the property excluded by tk commission pursuant to C.M.C. section 21.95.090fi). 5. The proposed project is compatible with the surrounding future land uses sin( surrounding properties are designated for residential development on the Gener, Plan. 6. This project was subject to Chapter 21.95 of the Carlsbad Municipal Code (Hillsic Ordinance) and meets all the requirements of that Chapter to ensure the sensitiT treatment of the City's hillside resources. 7. The project design minimizes disturbance of hillside lands, with the exception ( those portions of property excluded by the Commission pursuant to C.M.C Sectic 21.95.090fi). 8. The project design substantially conforms to the intent of the concepts illustratt in the Hillside Development Guidelines Manual. Conditions: 1. Approval is granted for HDP 91-19, as shown on Exhibits "A" - "D" , dated Ap: 1, 1992, incorporated by reference and on file in the Planning Departmer Development shall occur substantially as shown on the approved exhibits. Al proposed grading and/or development substantially different from this approv as determined by the Planning Director, shall require an amendment to tk Hillside Development Permit. 2. Approval of HDP 91-2 is granted subject to the approval of SUP 91-8. 3. Approval of this request shall not excuse compliance with all sections of t: Zoning Ordinance and all other applicable City ordinances in effect at time building permit issuance. 1QQ PC RES0 NO. 3375 -2- 1- I1 e e 4. Approval of HDP 91-19 is granted subject to approval of the proposal by the California Coastal Commission. Alterations to the project design required by the Coastal Commission may necessitate an amendment to this Hillside Development 1 2 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning 3 Permit, as determined by the Planning Director. 4 Commission of the City of Carlsbad, California, held on the 1st day of April, 1992, by the 5 // following vote, to wit: 6 7 AYES: Chairman Erwin, Commissioners: Schlehuber, Schramm, Holmes, Savary, Noble & Hall. 8 I1 NOES: None. 9 10 11 12 13 14 1' I ABSENT: None. ABSTAIN: None. TOM ERWIN, Chairperson CARLSBAD PLANNING COMMISSION 15 ATTEST: 16 17 18 MICHAEL J. HOLZM~LER 19 // PLANNING DIRECTOR 2o /I 21 22 23 24 25 ll 26 27 11 PC RES0 NO. 3375 -3- 28