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HomeMy WebLinkAboutHDP 97-12; Huber Residence; Hillside Development Permit (HDP)November 26, 1997 Gene Huber 6407 El Pato Court Carlsbad, CA 92009 HDP 97-12 - HUBER RESIDENCE The City has completed a review of the application for a Hillside Development Permit for grading on an existing single family residential lot. It is the Planning Director's determination that the project is in conformance 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. Hillside conditions have been properly identified on the constraints map 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 constraints map. 3. The development proposal is consistent with the intent, purpose and requirements of the Hillside Ordinance, Chapter 21.95. 4. The proposed grading and development will not occur in the undevelopable portions of the site. 5. The grading design minimizes disturbance of hillside lands. 6; The project design substantially conforms to the intent of the concept illustrated in the Hillside Development Guidelines Manual. 7. The project site'is significantly constrained by the Agua Hedionda Lagoon Segment of the Carlsbad Local Coastal Program in that the building height may not exceed the elevation of Adams Street and all development must be setback 100 feet from the mean high tide line of the Agua Hedionda Lagoon. 8. The project has been reviewed in compliance with the California Environmental Quality Act and no significant adverse impacts were identified and a Mitigated Negative Declaration was issued on September 6, 1997. Conditions: 1. Approval is granted for HDP 97-1 2, as shown on Exhibit(s) "A-I", dated November 21 1997, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown on the approved exhibit(s1. Any proposed grading and/or development substantially different from this approval as 2075 Las Palrnas Dr. Carlsbad, CA 92009-1 576 (760) 438-11 61 * FAX (760) 438-0894 HDP 97-1 2 Huber Residence November 26, 1997 Pane 2 2. 3. 4. 5. 6. 7. 8. 9. IO. 11. 12. determined by the Planning Director, shall require an amendment to this Hillside Development Permit. All exposed retaining walls shall be of a decorative material which is in harmony with the materials of the main structure. The applicant is required to obtain a Coastal Development Permit (CDP) from the California Coastal Commission prior to the issuance of a grading and/or building permit. A signed copy of the Coastal Development Permit must be submitted to the Planning Department prior to the issuance of the grading and/or building permit. If the CDP approval is substantially different, an amendment to this Hillside Development Permit shall be 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. The developer shall pay all current fees and deposits required. The owner of the subject property shall execute an agreement holding the City harmless regarding drainage across the adjacent property. Prior to issuance of building permit, the applicant is to prepare and record a Covenant of Easement for drainage purposes over the project parcel for the benefit of the adjacent parcel to the west. Provisions may be included to share maintenance and insurance responsibilities. Prior to issuance of building permit, the applicant is to prepare and record a Covenant of Easement for drainage purposes over the project parcel for the benefit of the adjacent parcel to the east. Provisions may be included to share maintenance and insurance responsibilities. Prior to issuance of building permit, the applicant is to prepare and record a temporary Covenant of Easement for slope and construction purposes over the two adjacent parcels for the benefit of the project parcel. Prior to issuance of a building permit, the applicant is to obtain a City encroachment permit for the proposed wall and related above ground improvements that are to be located within the public right-of-way. Five feet shall be dedicated by the owner along the project frontage on Adams Street based on a center line to right-of-way width of thirty feet and in conformance with City of Cartsbad Standards. Plans, specifications, and supporting documents for all public improvements shall be prepared to the satisfaction of the City Engineer. In accordance with City Standards, the developer shall install, or agree to install and secure with appropriate security as provided by law, improvements shown on the site plan and the following improvements: a) Half-width street improvements along the project frontage on Adams Street, including sidewalk, curb, gutter, driveway apron, and paving. These improvements shall be constructed in accordance with the ultimate alignment of Adams Street and to the satisfaction of the City Engineer. HDP 97-1 2 Huber Residence November 26, 1997 Paae 3 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. 13. 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. 14. Prior to the issuance of a 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 Hillside Development Permit 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. 15. Based upon a review of the proposed grading and the grading quantities shown on the Hillside Development Plan and as a required mitigation measure as identified in the Mitigated Negative Declaration, a grading permit including appropriate erosion control measures for this project is 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.) CITY OF CARLSBAD /7 GARY/. WAYNE Assistant Planning Director GW:CW:kq C: Adrienne Landers Bobbie Hoder Ken Quon File Copy Data Entry Planning Aide