HomeMy WebLinkAboutCDP 00-14; Buena Vista Gardens; Coastal Development Permit (CDP) (2)City of Carlsbad
April 14, 2000
John A. DeYoung
2411 Buena Vista Circle
Carlsbad Ca 92008
SUBJECT: CDP 00-14 - BUENA VISTA GARDENS
Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning
Department has reviewed your Coastal Development Permit, application no. CDP 00-14,
as to its completeness for processing.
The application is incomplete, as submitted. Attached are two lists. The first list is
information which must be submitted to complete your application. This list of items
must be submitted directly to your staff planner by appointment. All list items must be
submitted simultaneously and a copy of this list must be included with your submittals.
No processing of your application can occur until the application is determined to be
complete. The second list is issues of concern to staff. When all required materials are
submitted the City has 30 days to make a determination of completeness. If the
application is determined to be complete, processing for a decision on the application will
be initiated. In addition, please note that you have six months from the date the
application was initially filed, March 16, 2000, to either resubmit the application or submit
the required information. Failure to resubmit the application or to submit the materials
necessary to determine your application complete shall be deemed to constitute
withdrawal of the application. If an application is withdrawn or deemed withdrawn, a
new application must be submitted.
Please contact your staff planner, Greg Fisher, at (760) 602-4629, if you have any
questions or wish to set up a meeting to discuss the application.
MJH:GF:cs
c: Chris DeCerbo
Mike Grim
Joanne Juchniewicz
File Copy
Data Entry
Planning Aide
1635 Faraday Avenue l Carlsbad, CA 92008-7314 l (760) 602-4600 l FAX (760) 602-8559
LIST OF ITEMS NEEDED
TO COMPLETE THE APPLICATION
No. CDP 00-14 - Buena Vista Gardens
Planning:
1. A current title report dated within the past 6 months.
Engineering:
1. There has been illegal grading performed on the site. Site has to be brought
back to its original condition. Submit soils report addressing the measures
that need to be taken to accomplish this.
2. Resubmit site plan showing original topography and location of proposed pool
appropriate to original contours.
3. Revegetation of slope restoration needs to be addressed.
4. There are existing retaining walls on site. Show on site plan. Non-permitted
grading appears to have occurred in this area. Address in soils report.
ISSUES OF CONCERN
Planning:
1. The proposed development of a below ground pool as shown on the site plan is not
in accordance with the City’s Hillside Ordinance and therefore can not be supported
by staff. The current design and placement of the pool (i.e. excavated soil) upon
the manufactured, downhill perimeter slope must be revised to meet the City’s
Hillside Development Regulations, Chapter 21.95. Specifically, this manufactured
slope should be regraded to its original condition and relocate the pool off of the
manufactured slope.
An analysis/overview of the City’s Hillside Development Regulations as it pertains to this
project is as follows:
A. The lot in which the pool is to be constructed within contains a slope of
over 15 feet in height and 15 percent in inclination, therefore, according to
Section 21.95.030 of the Zoning Ordinance is subject to the Hillside
Development Regulations.
B. The slope in the rear of the property is a continuous slope between the pad
and the rear property line therefore, according to Section 21.95.020.A.4 of
the Zoning Ordinance, the slope is a downhill perimeter slope.
C. According to the Engineering Department, the slope at the rear of the
property is deemed to be a manufactured slope.
D. According to Section 21.95.12O.C.l .b, no development can occur on
manufactured, downhill perimeter slopes for residential projects.
In conclusion, the proposed location of the below ground pool is upon a manufactured,
downhill perimeter slope and development is this area is prohibited per the City’s Hillside
Development Regulations. Please redesign the pool to meet the Hillside Development
Regulations.
2. The City’s Local Coastal Program states that a minimum setback of at least 100
feet from wetlands shall be required in all developments, in order to buffer such
sensitive habitat areas from intrusion. The current proposal is within this setback
area. City staff is currently in discussions with the California Coastal Commission
to see if a buffer of less than 100 feet in width may be permitted in certain
situations. Staff will notify you as soon as a decision has been rendered.
Engineering:
1. Stability of slope must be addressed relative to the location of the proposed
pool.
2. Address prevention of potential spills from the pool into the lagoon.
3. Erosion control measures during construction must be shown on site plan
prior to building permit approval.