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Home My WebLink AboutHDP 97-09; Calabrese Retaining Wall; Hillside Development Permit (HDP) (5)September 17, 1997 Arnold & Judith Calabrese 2604 Obelisco Place Carlsbad CA 92009 SUBJECT: HDP 97-09 - CALABRESE RESIDENCE The City has completed a review of the application Permit for the construction and associated grading for side and rear portions of the existing single family lot. for a Hillside Development retaining walls in the front, 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: Findinas: 1. 2. 3. Hillside conditions have been properly identified on the constraints map (Exhibit “A”, dated September 17, 1997) which show existing and proposed conditions and slope percentages. Undevelopable areas of the project, i.e. slopes over 40%, have been prop&ly identified on the constraints map (Exhibit “A”, dated September 17, 1997). The development proposal is consistent with the intent, purpose and requirements of the Hillside Ordinance, Chapter 21.95, in that: a. natural resource areas, wildlife habitats, and native vegetation areas will not be impacted; b. minimal grading, retaining walls six feet or less in height and a generous amount of landscaping will ensure preservation of the natural appearance of the hillside; c. the hillside development will be aesthetically pleasing due to the satisfactory architecture, landscaping and site design; d. all hillside conditions have been incorporated into the planning process; e. the project complies with the Land Use and Open Space Conservation elements of the City‘s General Plan; 2075 Las Palmas Dr. - Carlsbad, CA 92009-1 576 - (61 9) 438-11 61 - FAX (G19) 438-0894 @ h '1 - HDP 97-09 - CALABRtjE RESIDENCE SEPTEMBER 17, 1997 PAGE 2 f. erosion and siltation will be minimized through sound grading techniques; g. a minimal amount of grading is needed to support the proposed project design; h. the intensity of development on hillside areas is minimized such that the proposed development will be compatible with the existing topography. 4. The proposed grading and development will not occur in the undevelopable portions of the site, as shown on Exhibit "A", dated September 17, 1997. 5. The grading design minimizes disturbance of hillside lands, in that the proposed retaining wall heights and grading follows the existing topographic trend. 6. The project design substantially conforms to the intent of the concept illustrated in the Hillside Development Guidelines Manual in that development concepts such as screening of graded slopes and retaining walls are incorporated into the project. Conditions: 1. 2. 3. 4. Approval is granted for HDP 97-09, as shown on Exhibit "A", dated September 17, 1997, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown on the approved exhibits, with no retaining wall exceeding an exposed height of over six (6) feet. 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. 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 provide the City with a reproducible 24" x 36", mylar copy of the Site Plan as approved by the final decision making body. The Site Plan shall reflect the conditions of approval by the City. The Plan copy shall be submitted to the City Engineer and approved prior to building, grading, final map, or improvement plan submittal, whichever occurs first. Prior to the issuance of the building permits, 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 97-09) on the real property owned by the 1 HDP 97-09 - CALABRtaE RESIDENCE I SEPTEMBER 17, 1997 PAGE 3 5. 6. 7. 8. 9. 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. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this residential housing project are challenged this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. The Developer shall prepare a detailed landscape and irrigation plan in conformance with 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. Said landscaping plan shall show adequate landscaped screening of the proposed rear yard retaining wall and existing wooden deck, to the satisfaction of the Planning Director. The first submittal of detailed landscape and irrigation plans shall be accompanied by the project’s building, improvement, and grading plans. No building permits shall be issued for any walls or other structures on the property until the applicant returns the existing wooden deck to its preexisting condition, to the satisfaction of the Planning Director and Principal Building Inspector. If any of the foregoing 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. t 4 1- HDP 97-09 - CALABRta€ RESIDENCE i SEPTEMBER 17, 1997 PAGE 4 c? 1. The Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 2. This approval shall become null and void if building permits are not issued for this project within 18 months from the date of project approval. 3. 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. 4. All landscape and irrigation plans shall be prepared to conform with the Landscape Manual and submitted per the landscape plan check procedures on file in the Planning Department. Assistdnt Planning Director GEW:MG:kr Attachment C: Brian Hunter Bobbie Hoder Clyde Wickham File Copy Data Entry Planning Aide