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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 PAGE 2 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 PAGE 3 2. 3. 4. 5. 6. 7. 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. L- HDP 96-10 - CADE MINOk - JBDIVISION JANUARY 30.1997 PAGE 4 8. 9. IO. 11. 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 File Copy File Copy Planning Aide Data Entry