HomeMy WebLinkAboutHDP 96-10; Cade Tentative Parcel Map; Hillside Development Permit (HDP)January 30, 1997
Steven and Maureen Cade
3450 James Drive
Carlsbad, CA 92008
SUBJECT: HDP 96-10 - CADE MINOR SUBDIVISION
The City has completed a review of the application for a Hillside Development Permit
for grading a 3.71 acre hillside parcel located between Adams Street and the Agua
Hedionda Lagoon between Cove Drive and Highland Avenue.
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 slope analysis and
slope profiles, Exhibits “B - C” dated January 20, 1997, 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 slope analysis, Exhibit “B” dated January 20, 1997 .
3. The development proposal is consistent with the intent, purpose and
requirements of the Hillside Ordinance, Chapter 21.95, in that 1) the grading
design avoids steep slopes (40% and greater); 2) development on 25%
slopes located on the parcel and within the coastal zone (Carlsbad Local
Coastal Program - Agua Hedionda LCP segment) is limited to that
necessary to grade a driveway that would provide access to the site; 3)
manufactured slopes do not exceed 30’ in height; 4) manufactured slopes
are contoured to follow the natural landform; 5) the grading volume of
7,251 cubic yardslacre falls within the acceptable range; 6) natural
drainage patterns are maintained to the maximum extent feasible and
storm drain facilities include energy dissipators; 7) and prior to building
permit issuance, approval of a Hillside Development Permit amendment to
ensure compliance with the Hillside Development Regulations architectural
standards (Chapter 21.95 of the Carlsbad Municipal Code) are required.
2075 Las Palmas Dr. Carlsbad, CA 92009-1 576 - (61 9) 438-1161 - FAX (G19) 438-0894 @
HDP 96- 10 - CADE MINOt . 3UBDIVISION
JANUARY 30,1997
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4. That the proposed development or grading will not occur in the undevelopable
portions of the site pursuant to provisions of Section 21 53.230 of the Carlsbad
Municipal Code, in that steep slopes greater than 40% will not be disturbed.
5. That the project design substantially conforms to the intent of the concepts
illustrated in the Hillside Development Guidelines Manual, in that grading
follows the natural contours, development is terraced down the hillside
between Adams Street and Agua Hedionda Lagoon, and manufactured
slopes will be screened with landscaping that includes a combination of
ground cover, shrubs, and trees.
6. That the project design and lot configuration minimizes disturbance of hillside
lands, in that the project’s grading design minimizes disturbance to hillside
slopes, creates building pads within the developable portion of the site,
and terraces development down the hillside and provides landscaping to
avoid negative visual impacts to adjacent land uses.
7. The project will result in the loss of .39 acres of low quality coastal sage
scrub (CSS) habitat in which California adolphia is sparsely scattered. The
.39 acres of CSS habitat will be mitigated through the purchase of credits
for preservation of comparable quality habitat at a 1:l ratio, and impacts to
the sparsely scattered California adolphia is adverse but less than
significant. The habitat loss is consistent with the City’s draft Habitat
Management Plan in that the habitat loss does not cumulatively exceed the
5% guideline established in the Draft Conservation Guidelines of the Draft
Community Conservation Plan (NCCP) as follows: 1) the reduction of .39
acres of CSS habitat from Carlsbad’s 5% allocation does not exceed the
remaining balance; 2) the habitat loss will not preclude or prevent the
preparation of the City’s HMP in that the area is located within suburban
(infill) development which will not disturb wildlife connectivity; 3) the
habitat loss will not appreciably reduce the likelihood of the survival and
recovery of listed wildlife species in the wild in that high quality habitat
equal or greater in quality and area to that disturbed will be preserved
offsite; 4) the habitat loss has been minimized and mitigated to the
maximum extent practicable in accordance with the mitigation established
by the NCCP Guidelines in that credit for .39 acres of CSS habitat will be
purchased for preservation offsite; and 5) the habitat loss is incidental to
otherwise lawful activities in that the proposed hillside grading is
consistent with the City’s General Plan, Local Coastal Program, and Zoning
Ordinances.
Conditions:
1. The Planning Director does hereby APPROVE Hillside Development Permit,
HDP 96-10, for the project entitled “Cade Hillside Development Permit”.
(Exhibit(s) “A - E” dated January 20, 1997, on file in the Planning Department
”
HDP 96-1 0 - CADE MINOk 2JBDIVISION
JANUARY 30.1997
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and incorporated by this reference), subject to the conditions herein set forth.
Staff is authorized and directed to make, or require the Developer to make, all
corrections and modifications to the exhibits or 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 substantially different from this approval,
shall require an amendment to this approval.
The Developer shall comply with all applicable provisions of federal, state, and
local ordinances in effect at the time of building permit issuance.
The Developer shall include, as part of the plans submitted for any permit plan
check, a reduced legible version of the Hillside Development Permit on a 24” x
36” blueline drawing. Said blueline drawing@) shall also include a copy of any
applicable Coastal Development Permit and signed approved site plan (Exhibit
“A”).
Approval of HDP 96-10 is granted subject to the approval of MS 96-01. HDP 96-
10 is subject to all conditions of approval of MS 96-01.
Prior to approval of a final map, grading permit, or building permit,
whichever occurs first, the Developer shall receive approval of a Coastal
Development Permit issued by the California Coastal Commission or its
successor in interest, that substantially conforms to this approval. A signed copy
of the Coastal Development Permit must be submitted to the Planning Director.
If the approval is substantially different, an amendment to the Hillside
Development Permit (HDP 96-10) shall be required.
Prior to the issuance of building permits for single family structures, an
amendment to this Hillside Development Permit, HDP 96-10, shall be
submitted for review and approval by the Planning Director to ensure that
architecture is consistent with the Hillside Development Regulations
Ordinance architectural guidelines and the Agua Hedionda LCP segment of
Carlsbad’s Local Coastal Program.
The project will have a direct impact on .39 acres of disturbed coastal sage
scrub (CSS) habitat. Pursuant to the Interim Take provisions of the 4d Rule
for the California gnatcatchers, the project shall be required to mitigate this
take of .39 acres of CSS habitat by acquiring for preservation comparable
quality habitat at a I :I ratio. Prior to recordation of a final map or issuance
of a grading permit, whichever occurs first, the applicant shall mitigate this
impact by securing a 4d permit, if required, and purchasing for
preservation .39 acres of comparable quality CSS habitat within a high
quality, coastal sage scrub area upon approval of the US Fish and Wildlife
Service (USFWS), the California Department of Fish and Game, and the City
of Carlsbad.
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HDP 96-10 - CADE MINOk - JBDIVISION
JANUARY 30.1997
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The Developer shall prepare a detailed landscape and irrigation plan in
conformance with the approved Preliminary Landscape Plan, except as
modified by Condition No. I1 of this document, and the City’s Landscape
Manual. The plans shall be submitted to and approval obtained from the
Planning Director prior to the approval of the final map, grading permit, or
building permit, whichever occurs first. The Developer shall construct and install
all landscaping as shown on the approved plans, and maintain all landscaping in
a healthy and thriving condition, free from weeds, trash, and debris.
The trees proposed along the eastern property line adjacent to the tennis
court shall be substituted with large canopy 24” box trees which at
maturity will approximate the. height of the fence surrounding the tennis
court and adequately screen the tennis court from adjacent properties.
No above ground lighting of outdoor sports courts, including but not
limited to tennis court lighting or volley ball court lighting shall be allowed.
Prior to the issuance of a final map, grading permit, or building permit,
whichever occurs first, 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, HDP 96-10, 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.
Assistant Planning Director
GEW:AH:kr
C: Don Neu
Bobbie Hoder
Bob Wojcik
Clyde Wickham
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Planning Aide
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