Loading...
HomeMy WebLinkAbout2001-05-21; Design Review Board; Resolution 2771 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 .- 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. 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) 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- 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 4. 5. 6. 7. 8. 9. 10. 11. 12. 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 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 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-