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HomeMy WebLinkAboutHDP 98-11; Dabbs Parcel Map; Hillside Development Permit (HDP). February 23, 1999 Mr. Ron Grunow RDG Consultants 3042 Harding Street Carlsbad, CA 92008 SUBJECT: HDP 98-1 1 - DABBS PARCEL MAP The City has completed a review of the application for a Hillside Development Permit for a two-lot subdivision located north of Carlsbad Village Drive and Donna Drive (assessor's parcel number (1 67-580-1 5). 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 subject to the following conditions: Findinas: 1. That the Planning Director has found that, based on the EIA Part II, this Subsequent Project was described in the MElR 93-01 as within its scope; AND there will be no additional significant effect, not analyzed therein; AND that no new or additional mitigation measures or alternatives are required; AND that therefore this Subsequent Project is within the scope of the prior EIR; and no new environmental document nor Public Resources Code 21081 findings are required. 2. The Planning Director finds that all feasible mitigation measures or project alternatives identified in the MElR 93-01 which are appropriate to this Subsequent Project have been incorporated into this Subsequent Project. 3. The Planning Director finds that: A. the project is a Subsequent Project described in CEQA Guidelines-1 51 68( c ) (2) and (e); B. the project is consistent with the City of Carlsbad General Plan Update; C. there was an MER certified in connection with the General Plan Update; 2075 La Palmas Dr. - Carlsbad, CA 92009-1576 - (760) 438-1 161 FAX (760) 438-0894 @ - HDP 98-1 1 - DABBS PARCLL MAP February 23, 1999 Page 2 -. D. the project has no new significant environmental effect not analyzed as significant in the prior MEIR; E. none of the circumstances requiring Subsequent or a Supplemental EIR under CEQA Guidelines Sections 151 62 or 151 63 exist; 4. The Planning Commission finds that all feasible mitigation measures or project alternatives identified in the MEIR 93-01 which are appropriate to this Subsequent Project have been incorporated into this Subsequent Project. 5. That the Planning Director finds that the project, as conditioned herein for HDP 98- 11, is in conformance with the Land Use and Open SpaceKonservation Elements of the City's General Plan, based on the following: A) Land Use - Two single family residences on a 1 .O acre lot (2. du/ac) is consistent with the RLM (3.2 du/ac) General Plan designation; B) Open Space/Conservation Elements - The proposed site design is sensitive to the site's hillside topography. 6. That undevelopable areas of the project, (i.e. slopes over 40%), have been properly identified on the constraints map Exhibit "B", dated February 23, 1999. 7. That the project proposal is consistent with the Purpose and Intent provisions of Section 21.95.010 of the Hillside Ordinance, Chapter 21.95, as follows: A. Project hillside conditions have been properly identified on the constraints map Exhibit "B", dated February 23, 1999, which shows existing and proposed conditions and slope percentages; B. The project has been designed to relate to the slope of the land, to minimize the amount of grading, and to incorporate contour grading into manufactured slopes which are located in highly visible public locations in that the project has been designed with a terraced pad, projected grading volumes of 2,115 cu. yds/acre are in the acceptable range, and due to the fact that the proposed manufactured slopes are not visible from public locations, they do not require contour grading ; C. The project has been designed in an environmentally sensitive manner whereby lagoons and riparian ecosystems will be protected from increased erosion and no substantial impacts to natural resource areas, wildlife habitats, or native vegetation areas will occur in that there are no natural resource areas, wildlife habitats or native vegetation in proximity to the project; and erosion and siltation will be minimized through sound grading techniques and erosion control. h HDP 98-1 1 - DABBS PARCnL MAP February 23,1999 Page 3 8. 9. 10; 11. 12. The project complies with the Hillside Development and Design Standard s included in Section 21.95.1 20 of the Hillside Ordinance in that the new residence will be constructed on a terraced pad, the project grading volume (2,115 cu yds/acre) is acceptable, the maximum manufactured slope height is 15 feet, contour grading is not required because there are no manufactured slopes greater than 20' in height or 200' in length, and landscaping for the proposed residence will be required to be consistent with the City's Landscape Manual. That the project substantially conforms to the Hillside. Development Guidelines Manual in that development concepts such as minimizing the extent of grading and use of a terraced pad have been incorporated into the project. 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: 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 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. 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. This project has been conditioned to comply with any requirements approved as part of the Local Facilities Management Plan for Zone 1. . HDP 98- 1 1 - DABBS PARCCL MAP February 23, 1999 Page 4 Conditions: 1, 2. 3. 4. 5. The Planning Director does hereby aDDrove the Hillside Development Permit (HDP 98-1 1) for the project entitled "Dabbs Parcel Map", (Exhibits "A-C") dated February 23, 1999, 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 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 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. 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. 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 Resotution 8797 on September 23, 1987. 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. h HDP 98-1 1 - DABBS PARCLL MAP February 23, 1999 Pane 5 6. 7. 8. 9. 10. 11. Prior to the issuance of the grading 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 98-1 1 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. Approval of HDP 98-1 1 is granted subject to the approval of MS 98-07. HDP 98- 11 is subject to all conditions contained in MS 98-07 for the Hillside Development Permit. 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 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. 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. Prior to the approval of a Final Map, the Developer shall pay to the City an inclusionary housing in-lieu fee as an individual fee on a per market rate dwelling unit basis. 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: 12. The Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. x HDP 98-1 1 - DABBS PARCGL MAP February 23,1999 Page 6 13. 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 The Developer shall pay a landscape plan check and inspection fee as required by permit issuance, except as otherwise specifically provided herein. 14. 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 "fees/exactions." You have 90 days from February 23, 1999 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 fees/exactions 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 WXARLSBAD &dy* ARY . WAYNE Assisfant Planning Director GEW:BK:eh C: Chris DeCerbo Bobbie Hoder Ken Quon File Copy Data Entry Planning Aide