HomeMy WebLinkAbout1997-05-21; Planning Commission; Resolution 4108’*
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PLANNING COMMISSION RESOLUTION NO. 4108
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
HILLSIDE DEVELOPMENT PERMIT TO ALLOW THE
CONSTRUCTION OF A BEACH ACCESS STAIRWAY ON
PROPERTY GENERALLY LOCATED WEST OF CARISBAD
BOULEVARD, BETWEEN CEREZO DRIVE AND SHORE
DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 22
CASE NAME: JENSEN STAIRWAY
CASE NO: HDP 97-03
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 Hi
Development Permit as shown on Exhibits ”A”-“C” dated May 21, 1997, on file in the C~I
Planning Department Hillside Development Permit No 97-03 as provided by Chapter 21,
the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 21st day of May 1997, co:
said request; and
WHEREAS, at said hearing, upon hearing and considering all testimon
arguments, if any, of all persons desiring to be heard, said Commission considered all f
relating to the Hillside Development Permit; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Pls
Commission 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 Hillside Development Permit, HDP 97-03, based on the foll
findings and subject to the following conditions:
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Findings:
1. That hillside conditions have been properly identified on the constraints map which
existing and proposed conditions and slope percentages, as shown on Exhibit “A” (
May 21,1997.
2. That undevelopable areas of the project, i.e. slopes over 40%, have been pro
identified on the constraints map, as shown on Exhibit “A” dated May 21,1997.
3. That the development proposal is consistent with the intent, purpose, and requireme.
the Hillside Ordinance, Chapter 21.95, in that all constraints have been idenl
visual impacts of the development on the slope have been minimized and the
restrictive ordinance, in this case the public access and recreation requireme]
Section 21.201.110 and Chapter 21.204, allow development of the over forty pe
inclination slopes of the coastal bluff.
4. That the proposed development or grading will not occur in the undevelopable portic
the site pursuant to provisions of Section 21.53.230 of the Carlsbad Municipal COI
that the only development occurring on the slopes over forty percent inclinatj
that required by Section 21.201.110 and Chapter 21.204, which takes preced
and all other steep slopes are being preserved.
Conditions:
1. The Planning Commission does hereby APPROVE the Hillside Development Pern
project entitled Jensen Stairway, Exhibits “A”-“C” dated May 21, 1997, on file
Planning Department and incorporated by this reference, subject to the conditions I
set forth.) Staff is authorized and directed to make, or require Developer to mal
corrections and modifications to the Hillside Development Permit documen
necessary, to make them internally consistent and in conformity with final action (
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 HDP 97-03 is granted subject to the approval of CDP 96-05 and STI
07. HDP 97-03 is subject to all conditions contained in Planning Comm
Resolutions No. 4107 and 4106 for CDP 96-05 and SUP 96-07, respectively.
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PC RES0 NO. 4108 -2-
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1 PASSED, APPROVED AND ADOPTED at a regular meeting of the Plar
Commission of the City of Carlsbad, California, held on the 21st day of May 1997, b
following vote, to wit:
AYES: Chairperson Nielsen, Commissioners Compas, Heine
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. 4108 -3 -