HomeMy WebLinkAboutHDP 89-26A; ACUNA COURT WILSON; Admin Decision LetterJ
August 29, 1994
Earl and Lori Wilson
7 415 Almaden Lane
Carlsbad, CA 92009
City of Carlsbad
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SUBJECT: Hill.SIDE DEVELOPMENT PERMIT -HDP 89-26(A)
The City has completed a review of the application for an amendment to a Hillside
Development Permit for the construction of a second-story addition to the existing single
family home and a 700 square foot rear yard deck at 2607 Acuna Court.
It is the Planning Director's determination that the project is consistent with the City's
Hillside Development Ordinance, Chapter 21.95 of the Carlsbad Municipal Code and
therefore APPROVES this request based on the following: •
Findings:
1. Hillside conditions have been properly identified on the constraints map which show
existing and proposed conditions and slope percentages.
2. Undevelopable areas of the project, i.e. slopes over 40%, have been properly
identified on the constraints map.
3. The development proposal is consistent with the intent, purpose, and requirements
of the Hillside Ordinance, Chapter 21.95.
4. The proposed development will not occur in the undevelopable portions of the site.
5. The project design substantially conforms to the intent of the concept illustrated in
the Hillside Development Guidelines Manual.
6. The Planning Director determines that the project is within the scope of the
Negative Declaration issued for the original Hillside Development Permit (HOP 89-
26), dated September.5, 1989, on file in the Planning Department, and there are
no significant adverse environme1J,tal impacts associatec;I. with the project, therefore,
no further environmental review of this project is required.
Conditions:
1. Approval is granted for HDP 89-26(A), as shown on Exhibit(s) "A"-11E", dated ,
August 29, 1994 incorporated by reference. and on file in the Planning Department.
Development shall occur substantially as shown on the approved exhibit(s). Any
2075 Las Palmas Drive • Carlsbad, California 92009-157'.6 • (619) 438-1161
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HOP 89-26(A) WILSON RESIDENCE
AUGUST 29, 1994
PAGE 2
proposed grading and/or development substantially different from this approval as
determined by the Planning Director, shall require an amendment to this Hillside ·
Development Permit.
2. This project is also approved under the express condition that the applicant pay the
public facilities fee adopted by the City Council on July 28, 1987 (amended July 2,
1991) and as amended from time to time, and any development fees established by
the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other
ordinance adopted to implement a growth management system or facilities and
improvement plan and to fulfill the subdivider's agreement to pay the public
facilities fee dated August 19, 1994, a copy of which is on file with the City Clerk
and is incorporated by this reference. If the fees are not paid this application will
not be consistent with the General Plan and approval for this project will be void.
3. The applicant shall provide school fees to mitigate conditions of overcrowding as
part of building permit application. These fees shall be based on the fee schedule
in effect at the time of building permit application.
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 65913.5. 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. Approval of this request shall not excuse compliance with all sections of the Zoning
Ordinance and all other applicable City ordinances in effect at time of building
permit issuance.
6. Prior to the issuance of the building permit there shall be a Notice of Restriction
placed on the Deed to this property subject to the satisfaction of the Planning
Director notifying all interested parties and successors in interest that the City of
Carlsbad has issued a Hillside Development Permit on the real property owned by
the declarant. 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 restrictions referred to in said notice may be modified or
terminated only with the approval of the Planning Director, Planning Commission
or City Council of the City of Carlsbad whichever has final decision authority for
this project. •
7. 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 Planning and Building.
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HDP 89-26(A) WILSON RESIDENCE
AUGUST 29, 1994
PAGE 3
8. The proposed 700 square foot rear yard deck included in HDP 89-26(A) is approved
• subject to the Planning Director approval of Administrative Variance 94-06 which
would allow the deck to encroach into the required rear yard setback. A note to
this effect shall be placed on any building permit plans illustrating the deck. •
CITY OF CARLSBAD
Planning Director
MJH:JG:vd
c: Gary Wayne
Chris DeCerbo
Bobbie Hoder
Bob Wojcik
File Copy :
Data Entry
Marjorie/Rich