The URL can be used to link to this page

Home My WebLink AboutHDP 03-06; Korte Residence; Hillside Development Permit (HDP)December 8,2003 Mr. & Mrs. Korte 2808 Carrillo Way Carlsbad CA 92009 SUBJECT: HDP 03-06 - KORTE POOL, SPA, FIREPLACE, AND RETAINING WALL The City has completed a review of the application for a Hillside Development Permit for grading for the construction of a pool, spa, fireplace and retaining walls on property located at 2808 Carrillo Way (APN 222-662-1 7). It is the Planning Director‘s determination that based on the attached conditions, the project is consistent with the City’s Hillside Development Ordinance, 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 upon project approval. This letter, including the listed findings and conditions, constitutes APPROVAL of HDP 03-06 - KORTE POOL, SPA, FIREPLACE, AND RETAINING WALL as shown on Exhibit “A” dated December 8,2003, on file in the Planning Department and incorporated herein by reference. Findinas: 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 slopes undevelopable hillside slopes 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 the 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 pools, spas, fireplaces, and retaining walls are permitted accessory structures; 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, will incorporate an aesthetically pleasing design with landscaping, retaining walls with varied heights, natural or faux rock materials, and will be developed primarily into the slope as opposed to on top of the slope to minimize the visual impacts on the adjacent properties and public 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 or riparian ecosystems in 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. @ 1635 Faraday Avenue Carlsbad, CA 92008-7314 (760) 6024600 FAX (760) 602-8559 www.ci.carlsbad.ca.us c HDP 03-06 - KORTE POOL, SPA, FIREPLACE AND RETAINING WALL December 8,2003 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 and the concepts illustrated in the hillside development guidelines manual in that the design minimizes the amount of grading; will incorporate varied retaining walls heights; will be screened by a variety of landscaping and constructed of materials to soften the visual impacts on the adjacent properties and adjacent 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 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 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. DeveloperlOperator 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 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. This obligation survives until all legal proceedings have been concluded and continues even if the City’s approval is not validated. 5. Approval is granted for HDP 03-06, as shown on Exhibit A, dated December 5, 2003, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown on the approved exhibit(s). Any 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. HDP 03-06 - KORTE POOL, SPA, FIREPLACE AND RETAINING WALL December 8,2003 6. 7. 8. 9. 10. 11. Prior to the issuance of the 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 on the property. 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. 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. 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 from the City Engineer prior to issuance of a building permit for the project. 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. 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. Developer shall exercise special care during the construction phase of this project to prevent off-site siltation. Planting and erosion control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. TY OF CARLSBAD LA4 DON NEU Assistant Planning Director DN:VL: bd C: Chris DeCerbo John Maashoff File Copy Data Entry Planning Aide c