HomeMy WebLinkAboutHDP 02-06; Tavelman Tennis Court; Hillside Development Permit (HDP). December 16,2002
San Dieguito Engineering
4407 Manchester Avenue, Suite 105
Encinitas, CA 92024
SUBJECT: HDP 02-06 - TAVELMAN TENNIS COURT
The City has completed a review of the application for a Hillside Development Permit to allow
grading for the construction of a tennis court located at 3315 Venado Street (APN 223-260-06),
Carlsbad, California.
It is the Planning Director’s determination that based on the attached conditions, the project is
consistent with the City’s hillside development regulations (Chapter 21.95) and with all other
applicable City Ordinances and Policies. Further, the project has been found to be categorically
exempt from environmental review according to Section 15303(e) of the California
Environmental Quality Act and a Notice of Exemption will be filed on project approval.
This letter, including the listed findings and conditions, constitutes APPROVAL of HDP 02-06
- Tavelman Tennis Court, as shown on Exhibit A - B dated December 13, 2002, on file in
the Planning Department and incorporated herein by reference.
Findinm:
1. Hillside conditions have been properly identified on the constraints map which show
existing and proposed conditions and slope percentages.
2. There are no natural undevelopable hillsides on the project site.
3. The development proposal is consistent with the intent, purpose and requirements of the
Hillside Ordinance, Chapter 21.95 in that: a) the project. is consistent with Land Use
and Open Space/Conservation elements of the General Plan since the site has been
previously graded, there exist no natural hillsides or sensitive resources on the site,
the site is a developed residential property and tennis courts are a permitted
accessory residential use; b) the aesthetic qualities of the existing manufactured
slope will be maintained in that the project design follows the dominant slope and
minimizes the amount of grading (5,251 cubic yards per acre), will incorporate an
aesthetically pleasing landscaped crib wall, and will be screened by a variety of
landscape materials to soften the visual impacts on the adjacent properties and
nearby roadways; c) the existing hillside is manufactured and accordingly, there
will be no substantial impacts to natural resource areas, wildlife habitats or native
vegetation areas; d) there will be no impact on lagoons and riparian ecosystems in
1635 Faraday Avenue Carlsbad, CA 92008-7314 (760) 602-4600 FAX (760) 602-8559 www.ci.carlsbad.ca.us @
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that the project has been conditioned to submit an erosion control plan consistent
with the NPDES permit requirements as required by the Regional Water Quality
Control Board and the City of Carlsbad.
4. The proposed grading and development will not occur in the undevelopable portions of
the site, in that there are no undevelopable lands located on the property as defined by
Section 21.53.230(b) of the Carlsbad Municipal Code.
5. The- project complies with the hillside development and design standards (Section
21.95.120) and substantially conforms to the intent of the concepts illustrated in the
hillside development guidelines manual in that the design minimizes the amount of
grading (5,125 cubic yards per acre), will incorporate a landscaped crib wall design, will
be aesthetically pleasing, follows the dominant slope of the site and the tennis court will
be screened by a variety of landscape materials to soften the visual impacts on the
adjacent properties and nearby roadways.
6. That the Planning Director has determined that the project is exempt from the
requirements of the California Environmental Quality Act (CEQA) per Section 15303(e)
of the state CEQA Guidelines and will not have any adverse significant impact on the
environment.
Conditions:
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 Hillside Development Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Hillside 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 tp 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.
4. The DevelopedOperator 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,
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directly or indirectly, from (a) City’s approval and issuance of this Hillside Development
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.
5. The Developer shall submit to the Planning Director a reproducible 24” x 36”, mylar
copy of the Hillside Development Permit reflecting the conditions approved by the final
decision making body prior to issuance of building permits.
6. 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. 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.
7. Prior to the issuance of a building permit, Developer shall submit to the City a Notice of
Restriction to be filed 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 Hillside Development Permit, file No. HDP 02-06 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.
ENGINEERING CONDITIONS
NOTE: Unless specifically stated in the condition, all of the following conditions, upon the
approval of-this proposed tentative map, must be met prior to approval of a building or grading
permit, whichever occurs first.
General
8. Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, Developer shall apply for and obtain approval from, the City Engineer
for the proposed haul route.
Fees/Aareements
9. Developer shall cause property owner to execute and submit to the City Engineer for
recordation, the City’s standard form Geologic Failure Hold Harmless Agreement.
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10. Developer shall cause property owner to execute and submit to the City Engineer for
recordation the City’s standard form Drainage Hold Harmless Agreement regarding
drainage across the adjacent property.
11. Prior to approval of any grading or building permits for this project, Developer shall
cause Owner to give written consent to the City Engineer to the annexation of the area
shown within the boundaries of the subdivision into the existing City of Carlsbad Street
Lighting and Landscaping District No. 1, on a form provided by the City Engineer.
Grading
12. Based upon a review of the proposed grading and the grading quantities shown on the site
plan, a grading permit for this project is required. Developer shall apply for and obtain a
grading permit fiom the City Engineer prior to issuance of a building permit for the
project. A signature block shall be added to the grading plans for Leucadia County
Water District and signatures from the District shall be obtained prior to issuance
of grading plans.
Code Reminder
13. 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.
This decision may be appealed by you or any member of the public to the Planning Commission
withn ten days of receipt of this letter. Appeals must be submitted in writing to the Planning
Commission at 1635 Faraday Avenue in Carlsbad, along with a payment of $440.00. The filing
of such appeal within such time limit shall stay the effective date of the order of the Planning
Director until such time as a final decision on the appeal is reached. If you have any questions
regarding this matter, please feel free to contact Greg Fisher at (760) 602-4629.
Planning Director
GEW:GF:sn
C: Chris DeCerbo
David Rick
File Copy
Data Entry
Planning Aide