HomeMy WebLinkAbout2001-05-21; Design Review Board; Resolution 2771
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DESIGN REVIEW BOARD RESOLUTION NO. 277
A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY
OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF
COASTAL DEVELOPMENT PERMIT CDP 99-49 FOR THE
CONSTRUCTION OF AN 80-BED DORMITORY ON THAT
PORTION OF THE ARMY & NAVY ACADEMY PROPERTY
GENERALLY LOCATED ON THE WEST SIDE OF CARLSBAD
BLVD. SOUTH OF PACIFIC AVENUE IN LAND USE DISTRICT 9
OF THE VILLAGE REDEVELOPMENT AREA AND IN LOCAL
FACILITIES ZONE 1.
CASE NAME: ARMY & NAVY ACADEMY DORMITORY
APN: 203-041-02 & 203-010-16
CASE NO.: CDP 99-49
WHEREAS, Army & Navy Academy, a nonprofit organization, “Developer”,
has filed a verified application with the Redevelopment Agency of the City of Carlsbad regarding
property it owns and known as Assessor Parcel Number 203-041-02 and 203-010-16, and more
thoroughly described in Attachment A, (“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Exhibits “A-J” dated May 21, 2001, on file in the Housing
and Redevelopment Department, “Army & Navy Academy Dormitory CDP 99-49” as
provided by Chapter 21.8 1.040 of the Carlsbad Municipal Code; and
WHEREAS, the Design Review Board did, on the 21st day of May 2001, hold a
duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Board considered all factors
relating to the CDP.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Design Review
Board 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 Board
RECOMMENDS APPROVAL of Army & Navy Academy Dormitory CDP
99-49 based on the following findings and subject to the following conditions:
Findings:
1. That the proposed development is in conformance with the Carlsbad Village Area
Redevelopment Plan and the Village Master Plan and Design Manual, which serve
as the Certified Local Coastal Program for the City of Carlsbad Segment of the
California Coastal Zone and all applicable policies in that the development involves
the replacement of a pre-existing structure on the same property, the development
does not obstruct views or otherwise damage the visual beauty of the coastal zone,
and no agricultural activities, sensitive resources, geological instability exist on the
site.
2. The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that the development will not alter physical or visual access to
the shore.
3. The project is consistent with the provisions of the Coastal Resource Protection
Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that no steep slopes exist
within the proposed construction area, all grading will conform to the City’s erosion
control standards, and the site is not prone to landslides or susceptible to
accelerated erosion, floods, or liquefaction.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of
building permits.
1. If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City/Agency shall have the
right to revoke or modify all approvals herein granted; deny or further condition issuance
of all future building permits; deny, revoke or further condition all certificates of
occupancy issued under the authority of approvals herein granted; institute and prosecute
litigation to compel their compliance with said conditions or seek damages for their
violation. No vested rights are gained by Developer or a successor in interest by the
City’ s/Agency’s approval of this Coastal Development Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Coastal Development Permit documents, as necessary to make
them internally consistent and in conformity with the final action on the project.
Development shall occur substantially as shown on the approved Exhibits. Any proposed
development different from this approval, shall require an amendment to this approval.
3. The Developer shall comply with all applicable provisions of federal, state, and local laws
and regulations in effect at the time of building permit issuance.
DRB RES0 NO. 277 -2-
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If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
challenged, this approval shall be suspended as provided in Government Code Section
66020. If any such condition is determined to be invalid this approval shall be invalid
unless the Housing and Redevelopment Commission determines that the project
without the condition complies with all requirements of law.
The Developer/Operator shall and does hereby agree to indemnify, protect, defend and
hold harmless the Redevelopment Agency of the City of Carlsbad, its governing body
members, officers, employees, agents, and representatives, from and against any and all
liabilities, losses, damages, demands, claims and costs, including court costs and
attorney’s fees incurred by the Agency arising, directly or indirectly, from (a) Agency’s
approval and issuance of this Coastal Development Permit, (b) Agency’s approval or
issuance of any permit or action, whether discretionary or non-discretionary, in
connection with the use contemplated herein, and (c) Developer/Operator’s installation
and operation of the facility permitted hereby, including without limitation, any and all
liabilities arising from the emission by the facility of electromagnetic fields or other
energy waves or emissions.
The Developer shall submit to the Housing and Redevelopment Department a
reproducible 24” x 36”, mylar copy of the Coastal Development Permit reflecting the
conditions approved by the final decision making body.
Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the Carlsbad School District that this project has satisfied its obligation to
provide school facilities.
This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 1 Local Facilities Management Plan and any amendments made to that
Plan prior to the issuance of building permits.
Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy.
This approval is granted subject to the approval of RP 99-14 and is subject to all
conditions contained in Design Review Board Resolution No. 276 for that other
approval.
The applicant shall apply for and be issued building permits for this project within two
(2) years of approval or this coastal development permit will expire unless extended per
Section 21.8 1.160 of the Zoning Ordinance.
Prior to the issuance of building permits, the applicant shal
grading permit issued by the City Engineer.
DRB RES0 NO. 277 -3-
apply for and obtain a
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13. Since a grading permit is required, all grading activities shall be planned in units that can
be completed by October 1st. Grading activities. shall be limited to the “dry season”,
April 1st to October 1st of each year. Grading activities may be extended to November
15th upon written approval of the City Engineer and only if all erosion control measures
are in place by October 1st.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these feedexactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any feedexactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED AND ADOPTED at a special meeting of the Design
Review Board of the City of Carlsbad, California, held on the 21st day of May 2001, by the
following vote, to wit:
AYES: Compas, Marquez, Heineman, Lawson
NOES: None
ABSENT: None
ABSTAIN: Mariois
DESIGN REVIEW BOARD
ATTEST:
Dl4 /LA&>
DEBBIE FOUNTAIN
HOUSING AND REDEVELOPMENT DIRECTOR
DRB RES0 NO. 277 -4-