The URL can be used to link to this page

Home My WebLink About1997-05-21; Planning Commission; Resolution 4106E ll Ir 0 0 I 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. 4106 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SPECIAL USE PERMIT (FLOODPLAIN) TO ALLOW THE CONSTRUCTION OF A BEACH ACCESS STAIRWAY ON PROPERTY GENERALLY LOCATED WEST OF CARLSBAD BOULEVARD, BETWEEN CEREZO DRIVE AND SHORE DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 22. CASE NAME: JENSEN STAIRWAY CASE NO: SUP 96-07 WHEREAS, Jon Jensen, “Developer”, has filed a verified application wil City of Carlsbad regarding property owned by Jon Jensen, “Owner”, described as A portion of lot “H” of Rancho Agua Hedionda, Map 823 in the City of Carlsbad, County of San Diego, State of California (‘the Property”); and WHEREAS, said verified application constitutes a request for a Specia Permit as shown on Exhibits “A”-“C” dated May 21, 1997, on file in the Planning Depar Special Use Permit No. 96-07, as provided by Chapter 21.110 of the Carlsbad Municipal and WHEREAS, the Planning Commission did on the 21st day of May 1997 I 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 the Special Use Permit; NOW, THEREFORE, BE IT HEREBY RESOLVED by the Pk Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Comrr APPROVES Special Use Permit SUP 96-07 based on the following findin: subject to the following conditions: d 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 0 Findings: 1. The Planning Commission of the City of Carlsbad has reviewed, analyzec considered the Negative Declaration, the environmental impacts therein identified fc project and any comments thereon prior to APPROVING the project. Based on thl Part I1 and comments thereon, the Planning Commission finds that there substantial evidence the project will have a significant effect on the environmer thereby APPROVES the Negative Declaration. 2. The Planning Commission finds that the Negative Declaration reflects the indepe judgment of the Planning Commission of the City of Carlsbad. 3. The proposed stairway is elevated on adequately anchored pilings and sec anchored to such pilings so that the lowest horizontal portion of the strut members of the lowest floor or landing is elevated to or above the base elevation in that the lowest landing is located at 8.0 feet above mean sea level and the base flood elevation, or mean high high water level, is at 5.65 feet above 4. The proposed stairway will be located on the landward side of the reach of high tide, as shown on Exhibit “A”, dated May 21,1997, and as demonstrated k fact that mean high tide level is at 4.67 feet above msl and the stairway is local 8.0 feet above msl. 5. Fill material is not being used as structural support as the stairway wi supported by caissons buried into the coastal bluff. 6. As authorized by Section 21.46.130 of the Zoning Ordinance, the Plal Commission finds that there are special circumstances that warrant overh below grade retaining walls in the side yard setback, as shown on Exhibit dated May 21, 1997, in that the proposed wall will not be detrimental to the h safety, or welfare of the surrounding neighborhood and, the walls allow the I access stairway to be recessed into the bluff thus reducing impacts to public vie Conditions: 1. The Planning Commission does hereby APPROVE the Special Use Permit fc project entitled Jensen Stairway (Exhibits “A”-“C” dated May 21, 1997, on file Planning Department and incorporated by this reference, subject to the conditions 1 set forth.) Staff is authorized and directed to make, or require Developer to mal corrections and modifications to the Special Use Permit documents, as necessary, to them internally consistent and in conformity with final action on the PI Development shall occur substantially as shown in the approved Exhibits. Any pro development substantially different from this approval, shall require an amendml this approval. PC RES0 NO. 4 106 -2- I 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 2. The Developer shall comply with all applicable provisions of federal, state, and ordinances in effect at the time of building permit issuance, including Title 24 of the Building Code. 3. The Developer shall provide the City with a reproducible 24” x 36”, mylar copy ( Site Plan as approved by the final decision making body. The Site Plan shall refle conditions of approval by the City. The Plan copy shall be submitted to the Engineer and approved prior to building, grading, final map, or improvement submittal, whichever occurs first. 4. If any condition for construction of any public improvements or facilities, or the pa! of any fees in-lieu thereof, imposed by this approval or imposed by law on this resid housing project are challenged this approval shall be suspended as providc Government Code Section 66020. If any such condition is determined to be invali approval shall be invalid unless the City Council determines that the project with0 condition complies with all requirements of law. 5. Approval of SUP 96-07 is granted subject to the approval of CDP 96-05 and HD 03. SUP 96-07 is subject to all conditions contained in Planning Comm Resolutions No. 4107 and 4108 for CDP 96-05 and HDP 97-03, respectively. 6. The Developer shall prepare a landscape and irrigation plan, in a form and subs satisfactory to the Planning Director. The plans shall be submitted to and apl obtained from the Planning Director prior to the approval of the final map, g~ permit, or building permit, whichever occurs first. The Developer shall construc install all landscaping as shown on the approved plans, and maintain all landscapin healthy and thriving condition, free from weeds, trash, and debris. Engineering: 7. Prior to issuance of a building permit for the stairway, the Developer shall ente a hold harmless agreement regarding access, drainage and geologic failure. form and content of the agreement shall be approved by the City Attorney. General: 8. If any of the foregoing conditions fail to occur; or if they are, by their terms, implemented and maintained over time; if any of such conditions fail to implemented and maintained according to their terms, the City shall have the ri revoke or modify all approvals herein granted; deny or fwzher condition issuance future building permits; deny, revoke or further condition all certificates of occu issued under the authority of approvals herein granted; institute and prosecute litigal compel their compliance with said conditions or seek damages for their violatia vested rights are gained by Developer or a successor in interest by the City’s apprc this Special Use Permit. PC RES0 NO. 4106 -3- e 1 Code Reminders: * 2 3 9. The Developer shall pay a landscape plan check and inspection fee as required by SI 6 5 10. This approval shall become null and void if building permits are not issued fa 4 11. Approval of this request shall not excuse compliance with all applicable sections ( Zoning Ordinance and all other applicable City ordinances in effect at time of bui 7 permit issuance, except as otherwise specifically provided herein. 20.08.050 of the Carlsbad Municipal Code. project within 18 months fiom the date of project approval. 8 PASSED, APPROVED AND ADOPTED at a regular meeting of the pla 9 Commission of the City of Carlsbad, California, held on the 21st day of May 1997 b '0 following vote, to wit: 11 12 AYES : Chairperson Nielsen, Commissioners Compas, Heine Monroy, Noble, Savary and Welshons 13 14 NOES: None 15 ABSENT: None ABSTAIN: None 16 17 47 18 < )/?) 19 ROBERT NIELSEN, Chairperson 20 CARLSBAD PLANNING COMMISSION // /- //<\ """4 I_ #S." . ~ c e.Z2%2....~,. .. >, k"&* "."~,.". .. !J I.. "../j 21 22 23 ATTEST: 24 25 Planning Director 26 27 28 PC RES0 NO. 4106 -4-