HomeMy WebLinkAbout1997-05-21; Planning Commission; Resolution 4107.z
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PLANNING COMMISSION RESOLUTION NO. 4107
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
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.: CDP 96-05
WHEREAS, Jon Jensen, “Developer”, has filed a verified application wi
COASTAL DEVELOPMENT PERMIT NO. CDP 96-05 TO
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 C
Development Permit as shown on Exhibits “A”-“C” dated May 21, 1997, on file in the Pla
Department, Coastal Development Permit No. 96-05 as provided by Chapter 2 1.20 1.040
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 21st day of May 1997,l
duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all test
and arguments, if any, of all persons desiring to be heard, said Commission considered all f
relating to CDP 96-05.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the P1:
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Comm
APPROVES Coastal Development Permit CDP 96-05, based on the follc
findings and subject to the following conditions:
Findines:
1. That the proposed development is in conformance with the Certified Local C
Program and all applicable policies in that no agriculture or prime agricultural 1
environmentally sensitive resources or scenic resources exist on site; all earth
shall conform to the recommendations of the peer-reviewed geotecl
investigations; the stairway is providing beach access and will be recessed.in1
bluff and adequately landscaped to reduce visual impacts.
2. The proposal is in conformity with the public access and recreation policies of Cha
of the Coastal Act in that the project is conditioned to guarantee maintenancl
access responsibilities in accordance with the Coastal Shoreline Develoz
Overlay Zone, Section 21.204.080 of the Carlsbad Municipal Code.
3. The Planning Commission of the City of Carlsbad has reviewed, analyze(
considered the Negative Declaration, the environmental impacts therein identified fc
project and any comments thereon prior to APPROVING the project. Based on th
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.
4. The Planning Commission finds that the Negative Declaration reflects the indepc
judgment of the Planning Commission of the City of Carlsbad.
Conditions:
1. The Planning Commission does hereby APPROVE the Coastal Development Pem
the project entitled Jensen Stairway (Exhibits “A”-“C” dated May 21, 1997, on
the Planning Department and incorporated by this reference, subject to the conc
herein set forth.) Staff is authorized and directed to make, or require Developer to
all corrections and modifications to the Coastal Development Permit documer
necessary, to make them internally consistent and in conformity with final action I
project. Development shall occur substantially as shown in the approved Exhibits.
proposed development substantially different from this approval, shall requi
amendment to this approval.
2. Approval of CDP 96-05 is granted subject to the approval of SUP 96-07 and HI:
03. CDP 96-05 is subject to all conditions contained in Planning Comm
Resolutions No. 4106 and 4108 for SUP 96-07 and HDP 97-03, respectively.
3. Prior to issuance of a building permit for the proposed stairway, the property (
shall guarantee private maintenance responsibilities and public access require
through an irrevocable offer to dedicate, outright grant of fee interest or eas, i PC RES0 NO. 4107 -2-
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or deed restriction, in accordance with Section 21.204.080 of the Car
Municipal Code. The mechanism for this guarantee shall be approved b
Planning Director, City Engineer and City Attorney.
4. Construction of the stairway shall be timed to not occur during high beac
periods, as determined by the Planning Director, so as to not interfere with 1
recreational opportunities. Such high beach use periods shall include, but D
limited to, the weekends and holidays associated with Memorial Day, Indepen
Day and Labor Day.
5. During construction of the project, or at any time in the future, the develope:
City shall coordinate efforts in the field to determine if additional stairs belo.
proposed landing at eight (8.0) feet above mean sea level are necessary. If, i
reasonable opinion of the Planning Director and City Engineer, additional stail
necessary, they shall be constructed by the developer through authority o
permit, to the satisfaction of the Planning Director and City Engineer.
General:
6. 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 fwther 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 litigat
compel their compliance with said conditions or seek damages for their violation
vested rights are gained by Developer or a successor in interest by the City's appro
this Coastal Development Permit.
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PC RES0 NO. 4107 -3 -
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Pla
Commission of the City of Carlsbad, California, held on the 21st day of May 1997, t
following vote, to wit:
1 AYES: Chairperson Nielsen, Commissioners Compas, Heinc
Monroy, Noble, Savary and Welshons
NOES: None
ABSENT: None
ABSTAIN: None
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ROBERT NIELSEN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 4107 -4-