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HomeMy WebLinkAbout1997-12-17; Planning Commission; Resolution 4211( c 1 2 3 4 5 6 7 * 0 PLANNING COMMISSION RESOLUTION NO. 4211 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING PROPERTY GENERALLY LOCATED AT THE NORTHERN TERMINUS OF OCEAN STREET AND THE BEACH ACCESS LOCATED AT CHERRY AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: BEACH ACCESS RECONSTRUCTION CASE NO.: CDP 97-50 COASTAL DEVELOPMENT PERMIT NO. CDP 97-50 ON I I 8 has filed a verified application with the City of Carlsbad regarding property owned by 9 WHEREAS, the City’s Engineerinflublic Works Department, “De. ’ o of Carlsbad, “Owner”, described as 11 12 13 14 15 16 17 18 19 20 21 22 23 Ocean Street Site: A portion of Lot A according to Map No. 2037 (Granville Park No. 2) as recorded in San Diego County, California on June 18,1927. Cherrv Avenue Site: A portion of Lot 1 according to Map No. 203 (Frazier Plot) as recorded in San Diego County, California on September 29,1914. I (“the Property”); and WHEREAS, said verified application constitutes a request for a Development Permit as shown on Exhibit(s) “A”-“C” dated December 17, 1997, on fi Planning Department, Beach Access Reconstruction, CDP 97-50 as provided by 21.201.040 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 17th day of Decemb, hold a duly noticed public hearing as prescribed by law to consider said request; and 24 and arguments, if any, of all persons desiring to be heard, said Commission considered al 25 WHEREAS, at said public hearing, upon hearing and considering all te 27 26 28 relating to CDP 97-50. I 1 0 0 NOW, THEREFORE, BE IT HEREBY RESOLVED by the 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 Con APPROVES Coastal Development Permit CDP 97-50, based on the 6 findings and subject to the following conditions: Findings: 1. That the proposed development is in conformance with the Certified Local Program and all applicable policies in that the proposed stairway recons efforts are for accessways that already exist and are in need of rehabilit order to bring them up to current standards of health, safety and welfare. 2. The proposal is in conformity with the public access and recreation policies of C of the Coastal Act in that existing stairways which have been exposed to the c elements of the salt air and coastal environment will now be reconstructed tc long term maintenance requirements and to bring the accessways up to levels of health, safety and welfare 3. Consistent with Coastal Shoreline Development Overlay Zone, the proposed has undergone geotechnical analysis to ensure that the proposed recons1 efforts will not cause geologic or other soiVslope related instabilities or drainage situation. By not going forward with the proposed rehabilitation, I could face other issues brought about by the current degradation of the st and unavoidable repair requirements that would become necessary. Conditions: 1. The Planning Commission does hereby APPROVE the Coastal Development Pe the project entitled Beach Access Reconstruction (Exhibit(s) “A”-“C” dated DE 17,1997 on file in the Planning Department and incorporated by this reference, SI the conditions herein set forth.) Staff is authorized and directed to make, or Developer to make, all corrections and modifications to the CDP 97-50 docume necessary, to make them internally consistent and in conformity with final actio project. Development shall occur substantially as shown in the approved Exhibi proposed development substantially different fiom this approval, shall rec amendment to this approval. 2. Building permits shall be issued for this project within two (2) years of appr or this coastal development permit will expire unless extended per Sec 21.201.210 of the Zoning Ordinance. PC RES0 NO. 421 1 -2- 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 e e 3. The proposed beach access reconstruction efforts shall be completed by Ma 1998. 4. The protective conditions and features described in the Engineering Depart memo dated November 5,1997 shall be included in the plans and specifica that will go out for bidding by public works contractors. PASSED, APPROVED AND ADOPTED at a regular meeting of the Commission of the City of Carlsbad, California, held on the 17th day of December 199 following vote, to wit: AYES: Chairperson Nielsen, Commissioner’s Compas, Heineman Monroy, Noble, Savary and Welshons NOES: ABSENT: ABSTAIN: “I ROBERT NIELSEN, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: I MICHAEL J. HOYZMI~LER Planning Director , PC RES0 NO. 421 1 -3 -