HomeMy WebLinkAboutHDP 97-05; Gold Coast Properties; Admin Decision Letter” ”
August 12, 1997
Tom Jones
Gold Coast Properties
PO Box 2740
Carlsbad, CA 92008
SUBJECT: HDP 97-05 - GOLD COAST PROPERTIES
The City has completed a review of the application for a Hillside Development
Permit for grading a 1.62 acre hillside parcel located between Adams Street, Agua
Hedionda Lagoon, 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 and conditions:
Findinas:
1. Hillside conditions have been properly identified on the slope analysis and
slope profiles, Exhibits “C” and “D” dated August ‘12, 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 “C‘dated August 12 1997 .
3. The development proposal is consistent with the intent, purpose and
requirements of the Hillside Ordinance, Chapter 21.95, in that I) the grading
design avoids steep slopes (40% and greater) to the greatest extent
possible to create a building pad to accommodate a single family
residence, driveway and yard area thereby enabling the reasonable use of
a hillside parcel; 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 improve Adams Street and
create a building pad to accommodate a single family residence, driveway
and yard; 3) the grading volume of 3,204 cubic yarddacre falls within the
acceptable range; 4) natural drainage patterns are maintained to the
maximum extent feasible and storm drain facilities include energy
dissipaters; 5) the single story architectural design is consistent with the
2075 Las Palmas Dr. - Carlsbad, CA 92009-1576 - (61 9) 438-1161 - FAX (GI 9) 438-0894 @
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HDP 97-05 - GOLD COAO 1 PROPERTIES
AUGUST 2 1,1997
PAGE 2
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Hillside Development Regulations architectural standards (Chapter 21.95 of
the Carlsbad Municipal Code) .
That the proposed development or grading will not occur in the undevelopable
portions of the site pursuant to provisions of Section 21 S3.230 of the Carlsbad
Municipal Code, in that steep slopes greater than 40%, except as required for
a single family building pad, will not be disturbed.
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 and natural slopes which are preserved to the
greatest extent possible will be screened with landscaping that includes a
combination of ground cover, shrubs, and trees.
That the project design and lot configuration minimizes disturbance of hillside
lands, in that the project’s grading design minimizes disturbance to hillside
slopes by creating a building pad within the developable portion of the site
with minimal disturbance to 40% slopes to enable the reasonable use of a
hillside lot and by preserving the surrounding natural slopes to the
greatest extent possible.
The project design substantially conforms to the intent of the concept
illustrated in the Hillside Development Guidelines Manual in that the majority
of the single story structure is set back 8‘ - 10‘ from the top of slope and the
roof line and building are parallel with the slope contour.
The project site contains -55 acres of low quality coastal sage scrub (CSS)
habitat. The .55 acres of CSS habitat will be preserved through the
dedication of an open space .easement to preserve the onsite habitat as
shown on Exhibit “B”.
Conditions:
Planning:
1. The Planning Director does hereby APPROVE Hillside Development Permit,
HDP 97-05, for the project entitled “Gold Coast Properties Hillside
Development Permit”; (Exhibit(s) “A - D” dated August 12,1997, on file in the
Planning Department 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.
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HDP 97-05 - GOLD COA~ 1 ?ROPERTIES
AUGUST 2 1,1997
PAGE 3
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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”).
Prior to approval of a 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 97-05) shall be required.
The project site contains .55 acres of disturbed, low quality coastal sage
scrub (CSS) habitat. Prior to issuance of a grading permit or building
permit, whichever occurs first, the applicant shall dedicate an open space
easement over the area containing the .55 acres of CSS habitat to be
preserved onsite and shown as open space on Exhibit “B”.
The Developer shall prepare a detailed landscape and irrigation plan in
conformance with the approved Preliminary Landscape Plan 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.
Prior to the issuance of 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 97-05, 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.
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HDP 97-05 - GOLD COA~ 1 PROPERTIES
AUGUST 2 1,1997
PAGE 4
Engineering:
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The developer shall provide the City with the approved HDP. The map shall be
to scale on a reproducible 24” x 36” Xerox mylar or photo mylar. It shall reflect
the conditions of approval by the Crty. The reproducible shall be submitted to
the City Engineer, reviewed and signed by the City’s project engineer and project
planner prior to submittal of the building plans, final map, improvement or
grading plans, whichever occurs first.
The developer shall submit proof of a Coastal Development Permit signed and
acknowledged by the developer.
Rain gutters must be provided to convey roof drainage to an approved drainage
course or street to the satisfaction of the City Engineer.
The developer shall pay all current fees and deposits required.
Prior to hauling dirt or construction materials to or from any proposed
construction site within this project, the developer shall submit to and receive
approval from the City Engineer for the proposed haul route. The developer
shall comply with all conditions and requirements the City Engineer may impose
with regards to the hauling operation.
No grading for private improvements shall occur outside the limits of the project
unless a grading or slope easement or agreement is obtained from the owners of
the affected properties and recorded. If the developer is unable to obtain the
grading or slope easement, or agreement, no grading permit will be issued. In
that case the developer must either amend the site plan or modify the plans so
grading will not occur outside the project site in a manner which substantially
conforms to the approved site plan as determined by the City Engineer and
Planning Director.
Plans, specifications and supporting documents for all improvements shall be
prepared to the satisfaction of the City Engineer. The developer shall install, or
agree to install and secure with appropriate security as provided by law,
improvements shown on the Hillside Development Plan and the following
improvements to City Standards to the satisfaction of the City Engineer:
a. Adams Street along the frontage of this project.
b. Improvements listed above shall be constructed within 18 months of
approval of the secured improvement agreement or such other time as
provided in said agreement.
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HDP 97-05 - GOLD COAL PROPERTIES
AUGUST 2 1,1997
PAGE 5
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Adams street shall be dedicated by the owner along the subdivision frontage
based on a centerline to right-of-way width of 25 feet in conformance with City of
Carlsbad Standards and Adams Street Alignment drawing 331-5, Alternative
No. 11. All land so offered shall be granted to the City free and clear of all liens
and encumbrances and without cost to the City. Streets that are already public
are not required to be rededicated.
The owner of the subject property shall execute an agreement holding the City
harmless regarding drainage across the adjacent property.
The owner shall execute a hold harmless agreement for geologic failure.
Based upon a review of the proposed grading and the grading quantities shown
on the site plan, a grading permit for this project appears to be required. (The
developer must submit and receive approval for grading plans in accordance
with City codes and standards prior to issuance of a building permit for the
project).
Upon completion of grading, the developer shall ensure that an “as-graded”
geologic plan is submitted to the City Engineer. The plans shall clearly show all
the geology as exposed by the grading operation, all geologic corrective
measures as actually constructed, and must be based on a contour map which
represents both and pre and post site grading. This plan shall be signed by both
the soils engineer and the engineering geologist. The plan shall be prepared on
a 24” x 36” mylar or similar drafting film and shall become a permanent record.
Additional drainage easements may be required. Drainage structures shall be
provided or installed prior to or concurrent with any grading or building permit as
may be required by the City Engineer.
Prior to issuance of building permits, the developer shall underground all existing
overhead utilities along and within the project boundary.
Direct access rights for the project frontage with Cove Drive shall be waived by
separate deed document prior to building permit issuance.
The developer shall comply with the City’s requirements of the National Pollutant
Discharge Elimination System (NPDES) permit. The developer shall provide
best management practices as referenced in the “California Storm Water Best
Management Practices Handbook to reduce surface pollutants to an acceptable
level prior to discharge to sensitive areas. Plans for such improvements shall be
approved by the City Engineer. Said plans shall include but not limited to
notifying prospective owners and tenants of the following:
HDP 97-05 - GOLD COAL - PROPERTIES
AUGUST 2 1,1997
PAGE 6
a. All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly dispose of toxic
and hazardous waste products
b. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifreeze, solvents, paints, paint thinners, wood preservatives, and other
such fluids shall not be discharged into any street, public or private, or into
storm drain or storm water conveyance systems. Use and disposal of
pesticides, fungicides, herbicides, insecticides, fertilizers and other such
chemical treatments shall meet Federal, State, County and City
requirements as prescribed in their respective containers.
c. Best Management Practices shall be used to eliminate or reduce surface
pollutants when planning any changes to the landscaping and surface
improvements.
24. The developer shall exercise special care during the construction phase of this
project to prevent offsite siltation. Planting and erosion control shall be provided
in accordance with the Carlsbad Municipal Code and the City Engineer.
CITY OF CARLSBAD
GARY E. WAYNE
Assistant Planning Director
GEW:AH:kr
C: Don Neu
Bobbie Hoder
Clyde Wickham
File Copy
Data Entry
Planning Aide