HomeMy WebLinkAbout2012-07-03; Planning Commission; Resolution 6900
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
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A COASTAL DEVELOPMENT PERMIT CDP
12-04 TO ALLOW FOR THE DEMOLITION OF ALL
EXISTING STRUCTURES ON SITE AND THE
CONSTRUCTION OF A TWO-STORY ATHLETIC FACILITY,
PRESS BOX WITH STADIUM SEATING, MAINTENANCE
BUILDING, AND THE INSTALLATION OF A NEW
ARTIFICIAL TURF FIELD, LIGHTS AND FENCE ON
PROPERTY GENERALLY LOCATED AT 2605 CARLSBAD
BOULEVARD IN LAND USE DISTRICT 9 OF THE VILLAGE
REVIEW ZONE IN LOCAL FACILITIES MANAGEMENT
ZONE 1.
CASE NAME: ARMY & NAVY ACADEMY ATHLETIC
FACILITY
CASE NO.: CDP 12-04
WHEREAS, Hofman Planning & Engineering, “Applicant,” has filed a verified
application with the City of Carlsbad regarding property owned by the Army and Navy
Academy, “Owner,” described as Assessor Parcel Number 213-051-03, 213-053-01, 213-052-
01 and 213-052-02, and more thoroughly described as,
Lots 153-170 and Lots 177-198 inclusive of Grandville Park No.
2 in the City of Carlsbad, County of San Diego, State of
California, according to parcel map 2037, filed in the Office of
the County Recorder June 18, 1927; and
Together with that portion of Cypress Avenue and Del Mar
Avenue lying northeasterly of the northeasterly right of way
line of Coast Highway, also together with that portion of the
unnamed alley adjoining said lots 153-170 inclusive, on the
northeast and lying southerly a line drawn radially from the
northwest corner of lot 178, also together with all that portion
of Sycamore Street, as all were vacated and closed to public use
by order of the Board of Supervisors, filed in the Office of the
County Recorder, April 13, 1933 in Book 207, Page 217 of
official records,
(“the Property”) and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Exhibits “A” – “Y” dated July 3, 2012, on file in the Housing
PLANNING COMMISSION RESOLUTION NO. 6900
PC RESO NO. 6900 -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
and Neighborhood Services Department, CDP 12-04 – ARMY & NAVY ACADEMY
ATHLETIC FACILITY, as provided by Chapter 21.81.040 of the Carlsbad Municipal Code;
and
WHEREAS, the Planning Commission did, on July 3, 2012, 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 CDP.
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
RECOMMENDS APPROVAL of CDP 12-04 – ARMY & NAVY ACADEMY
ATHLETIC FACILITY based on the following findings and subject to the
following conditions:
Findings:
1. That the proposed development is in conformance with the Certified Local Coastal
Program and all applicable policies in that the development consists of a new athletic
facility, maintenance building and ball field, and the development is consistent with
the Carlsbad Village Master Plan, which serves as the Certified Local Coastal
Program for the City of Carlsbad Village Segment of the California Coastal Zone.
The proposed athletic facility, maintenance building and ball field is consistent with
the surrounding development of single-family residences and a mixed-use
development. The proposed development will not obstruct views of the coastline as
seen from public lands or the public right-of-way, nor otherwise damage the visual
beauty of the coastal zone. No agricultural uses currently exist on the site, nor are
there any sensitive resources located on the property. The project site is not located
in an area of known geologic instability of flood hazard. The site is located in close
proximity to the coast, but no public opportunities for coastal shoreline access are
available from the subject site. The site is not suited for water-oriented recreation
activities.
2. The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that the site is not located adjacent to the shore. Therefore, the
PC RESO NO. 6900 -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
development will not interfere with the public’s right to physical access to the sea
and the site is not suited for water-oriented recreation activities.
3. The project is consistent with the provisions of the Coastal Resource Protection Overlay
Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the
City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard
Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff
Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil
erosion. No steep slopes or native vegetation is located on the subject property and the
site is not located in an area 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 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; record a notice of violation on the
property title; 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 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. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
4. 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.
5. 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 Coastal Development Permit,
PC RESO NO. 6900 -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
(b) City’s approval or issuance of any permit or action, whether discretionary or
nondiscretionary, 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.
6. Developer shall submit to the Planning Division a reproducible 24” x 36” mylar copy of
the Site Plan reflecting the conditions approved by the final decision-making body.
7. 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.
8. 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.
9. This approval is granted subject to the approval of RP 12-13, and is subject to all
conditions contained in Planning Commission Resolution No. 6899 for those other
approvals incorporated herein by reference.
10. 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 21.201.210 of the Zoning Ordinance.
11. Prior to the issuance of building permits, the applicant shall apply for and obtain a
grading permit issued by the City Engineer.
12. 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 #1 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.
. . .
. . .
. . .
. . .