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HomeMy WebLinkAboutHDP 98-07; Luciani Residence; Admin Decision Letter” - City of Carlsbad September 28, 1998 Mr. James J. Luciani 2684 Sausalito Avenue Carlsbad, CA 92008 SUBJECT: HDP 98-07 - LUCIANI RESIDENCE The City has completed a review of the application for a Hillside Development Permit for reconstruction of a fire-damaged single family residence on a lot located at 4702 Telescope Avenue (Assessor’s Parcel Number 207-412-18). 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 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 (Exhibit “A”, dated August 17,1998). 3. 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, adequate building setback from edge of slope, and an adequate amount of landscaping will ensure preservation of the natural appearance of the hillside; c. the hillside development will be aesthetically pleasing due to the architectural design, landscaping and sensitive site design; and d. all hillside conditions have been incorporated into the planning process; 2075 La Palmas Dr. Carlsbad; CA 92009-1 576 (760) 438-1 161 FAX (760) 438-0894 @ HDP 98-07 - LUCIAi ,- LaIDENCE r September 28, 1998 Page 2 e. the project complies with the land use and open space conservation elements of the Carlsbad General Plan in that the General Plan allows for single family development of the site and the proposed site design is sensitive to the site's hillside topography; f. erosion and siltation will be minimized through sound grading techniques and erosion control; g. a minimal amount of grading is needed to support the proposed project design; h. the intensity of development (one 5,492 SF single family home on a .67 acre lot) 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 in that the proposed residence will utilize the footprint and foundation of the previous residence destroyed by fire. 5. The grading design minimizes disturbance of hillside lands in that no additional grading is proposed and the existing building foundation will be utilized. 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: minimizing the extent of grading, landscapinghcreening graded slopes, and utilizing varied rooflines have been incorporated into the project. 7. That the Planning Director has determined that the project is exempt fiom the requirements of the California Environmental Quality Act (CEQA) per Section 15304 of the state CEQA Guidelines and will not have any adverse significant impact on. the environment. 8. The Planning Director finds that the project, as conditioned herein for HDP 98-07, is in conformance with the Elements of the City's General Plan, based on the following: a. Land Use - The single family residence on a .67 acre lot (1.49dulac) is consistent with the RLM (3.2 du/ac) General Plan designation. 9. The project is consistent with the City-Wide Facilities and Improvements Plan, the applicable local facilities management plan and all City public facility policies and ordinances since: “ “ HDP 98-07 - LUCIAI\- &,EDENCE 1 September 28, 1998 Page 3 a. The project has been conditioned to ensure that the building permits will not be issued for the project unless the District Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains available, and the District Engineer is satisfied that the requirements of the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. b. Statutory School fees will be paid to ensure the availability of school facilities in the Carlsbad Unified School District. c. All necessary public improvements have been provided or are required as conditions of approval. d. The Developer has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will be available concurrent with need as required by the General Plan. 10. The project has been conditioned to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. 1 1. This project has been conditioned to comply with any requirements approved as part of the Local Facilities Management Plan for Zone 1. 12. That the project is consistent with the City’s Landscape Manual, adopted by City Council Resolution No. 90-384. 13. The project site is located within the Agua Hedionda Lagoon Segment of the Carlsbad Local Coastal Program and the applicant has obtained an Exemption Letter from the California Coastal Commission dated 4/29/98 for the proposed single family residence. Conditions: 1. The Planning Director does hereby amrove the Hillside Development Permit for the single family residential project entitled “HDP 98-07 - Luciani Residence”. (Exhibit “A” (gradindsite) dated August 17, 1998, 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 Hillside Development Permit Documents, as necessary to make C /" I- HDP 98-07 - LUCIAl ._ &-IDENCE September 28, 1998 Page 4 them internally consistent and conform to Planning Director's 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. 2. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. 3. Building permits will not be issued for development of the subject property unless assurances of the availability of sewer facilities have been given by the Carlsbad Sewer District in writing. 4. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits, including, but not limited to the following: a. All development within Zone 1 shall conform to the provisions of Section 21.90 of the Carlsbad Municipal Code and to the provisions and conditions of this Local Facilities Management Plan. b. All development within Zone 1 shall be required to pay a public facilities fee pursuant to the standards adopted by the City Council on July 28, 1987, and as amended from time to time and all other applicable fees. Development in Zone 1 shall be responsible for any additional fees to be incorporated into this plan that are found to be necessary to enable facilities to meet the adopted performance standards. c. All development in Zone 1 shall be in conformance with the adopted Citywide Facilities and Improvements Plan as adopted by City Council Resolution 8797 on September 23, 1987. 5. 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. 6. Prior to the issuance of the 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 a Hillside Development Permit No. HDP 98-07 on the real I " " HDP 98-07 - LUCIAh- LOIDENCE September 28, 1998 Page 5 7. 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. 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. 8. Building identification and/or addresses shall be placed on all new and existing buildings so as to be plainly visible from the street or access road; color of identification and/or addresses shall contrast to their background color. 9. 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. Code Reminders: 10. The Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 1 1. 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. 12. 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. HDP 98-07 - LUCIAJL *ctLlDENCE t September 28, 1998 Page 6 13. 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. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as 66feis/exactions.yy You have 90 days from September 28,1998 to protest imposition of these feedexactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any feedexactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. CITY OF CARLSBAD GARY E. WAYNE Assistant Planning Director GW:BK:sh C: Chris De Cerbo Bobbie Hoder David Rick Data Entry Planning Aide &le copy