HomeMy WebLinkAbout2001-11-07; Planning Commission; Resolution 50681
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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:
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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-
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3.
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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
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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.
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20.
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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.
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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)
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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.
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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.
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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
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