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HomeMy WebLinkAbout2001-11-07; Planning Commission; Resolution 50681 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. 5068 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A FLOODPLAIN SPECIAL USE PERMIT TO CONSTRUCT A FOUR-UNIT CONDOMINIUM GENERALLY LOCATED ON THE EAST SIDE OF COVE DRIVE, SOUTH OF PARR DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: VILLAS AT THE COVE CASE NO: SUP 00-12 WHEREAS, Anthony V. DeLeonardis, “Owner/Developer,” has filed a verified application with the City of Carlsbad regarding property described as All of lots 21 and 22 of that tract described in Map No. 5162, recorded in the Offke of the County Recorder, San Diego County, California, on April 23,1963 (‘the Property”); and WHEREAS, said verified application constitutes a request for a Special Use Permit as shown on Exhibit(s) “A” - “N” dated November 7, 2001, on file in the Planning Department VILLAS AT THE COVE - SUP 00-12, as provided by Chapter 21 .l 10 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 7th day of November 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 Commission considered all factors relating to the Special Use Permit; NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 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 Commission APPROVES VILLAS AT THE COVE - SUP 00-12 based on the following findings and subject to the following conditions: 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 Findings: ‘1. The site is reasonable safe from flooding. 2. The project as proposed has been designed to minimize the flood hazard to the habitable portions of the structure. 3. The proposed project does not create a hazard for adjacent or upstream properties or structures. 4. The proposed project does not create any additional hazard or cause adverse impacts to downstream properties or structures. 5. The proposed project does not reduce the ability of the site to pass or handle a base flood of lOO- year frequency. 6. The proposed project taken together with all the other known, proposed and anticipated projects will not increase the water surface elevation of the base flood more than one foot at any point. 7. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: General: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a building permit. 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 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 approval of this Floodplain Special Use Permit (SUP 00-12). 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Floodplain Special Use 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. PC RESO NO. 5068 -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 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 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. 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 City Council 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 City of Carlsbad, its Council 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 City arising, directly or indirectly, from (a) City’s approval and issuance of this Floodplain Special Use Permit, (b) City’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. This obligation survives until all legal proceedings have been concluded and continues even if the City’s approval is not validated. The Developer shall submit to the Planning Director a reproducible 24” x 36”, mylar copy of the Site Plan/Tentative Parcel Map reflecting the conditions approved by the final decision making body. The Developer shall include, as part of the plans submitted for any permit plan check, a reduced legible version of all approving resolution(s) in a 24” x 36” blueline drawing format (including any applicable Coastal Commission approvals). Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Carlsbad Unified 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. This approval is granted subject to the approval of the Negative Declaration, CP 00-11 and MS 01-03 and is subject to all conditions contained in those other approvals. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of tentative parcel map approval. 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 PC RESO NO. 5068 -3- 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 facilities will continue to be available until the time of occupancy. Notes: A note to this effect shall be placed on the Final Map. I 13. Approval is granted for Floodplain Special Use Permit SUP 00-12 as shown on Exhibits (‘A” - (‘N”, dated November 7,2001, on file in the Planning Department and incorporated herein by reference. Development shall occur substantially as shown unless I otherwise noted in these conditions. ~ Coastal 14. Prior to approval of the final map or issuance of a building permit, whichever occurs first, the Developer shall apply for and obtain approval of a Coastal Development Permit issued by the California Coastal Commission or its successor in interest, that substantially conforms to this approval. A signed copy of the Coastal Development Permit must be submitted to the Planning Director. If the approval is substantially different, an amendment to SUP 00-12 shall be required. 15. If 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 1 st 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. Housing 16. At issuance of building permits, or prior to the approval of a final map and/or issuance of certificate of compliance for the conversion of existing apartments to air-space condominiums, the Developer shall pay to the City an inclusionary housing in-lieu fee as an individual fee on a per market rate dwelling unit basis in the amount in effect at the time, as established by City Council Resolution from time to time. Landscane 17. The Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City’s Landscape Manual. The Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 18. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Department and accompanied by the project’s building, improvement, and grading plans. 19. Any future construction of boat docks is subject to the review and approval of the Planning Director to insure that the applicant has obtained the necessary permits from the US Army Corps of Engineers, the State Department of Fish and Game, and the California Coastal Commission. PC RESO NO. 5068 -4- 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 20. 21. 22. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #l special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and Planning. Prior to occupancy of the first dwelling unit the Developer shall provide all required passive and active recreational areas per the approved plans, including landscaping and recreational facilities. Notice 23. The Developer shall report, in writing, to the Planning Director within 30 days, any address change from that which is shown on the permit application. 24. Prior to the issuance of the building permit, Developer shall submit to the City a Notice of Restriction to be tiled in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a(n) Floodplain Special Use Permit by Resolution(s) No. 5068 on the real property owned by the Developer. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 25. Prior to the recordation of the final parcel map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form meeting the approval of the Planning Director and the City Attorney (see Noise Form #2 on file in the Planning Department). Engineering 26. Developer is responsible to incorporate the necessary measures that are required to ensure all new structures located within flood hazard areas comply with Section 21 .l 10.160 of the Carlsbad Municipal Code and the latest Federal Emergency Management Agency (FEMA) regulations including but not limited to: 4 Developer shall ensure all new construction is anchored to prevent flotation, collapse or lateral movement of structures resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. PC RESO NO. 5068 -5- 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 27. Prior to issuance of building permits, Developer shall provide elevation certificates, certified by a registered professional engineer or surveyor, for each new structure. These elevation certificates shall provide verification that the finished floor elevation of all new structures are no less than l-foot above the base flood elevation as established by the FIRM maps or established by other technical documents deemed acceptable by the City Engineer. m 28. The Developer shall provide address numerals for each unit, both street-side and at formal entries. 29. The entire building must be protected by an automatic fire sprinkler system. b) 4 d) Developer shall ensure all new structures are constructed with materials and utility equipment resistant to flood damage. Developer shall utilize construction methods and practices that minimize flood damage to structures. Developer shall ensure all new structures are constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. Developer shall ensure all new structures that include fully enclosed areas, subject to flooding, are designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by registered professional engineer or architect or meet or exceed the following minimum criteria: i. Either a minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above finished grade; or ii. Be certified to comply with a local flood-proofing standard approved by the Federal Insurance Administration. CODE REMINDERS 30. The Developer shah pay park-in-lieu fees to the City, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code. 31. The Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. PC RESO NO. 5068 -6- 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 32. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 33. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 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 fees/exactions. 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 fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PC RESO NO. 5068 -7- PASSED, APPROVED AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on the 7th day of November, 2001 by the following vote, to wit: AYES: Chairperson Segall, Commissioners Compas, Dominguez, Heineman, and Trigas NOES: ABSENT: Commissioners Baker and Nielsen ABSTAIN: CARL!$!BAD PLANNING COMMISSION ATTEST: Planning Director PC RESO NO. 5068 -8-