HomeMy WebLinkAboutDI 94-01; Kaffka Residence; Discussion Item (DI) (13)October 14, 1994
Greg and Karen Kaffka
,1885 High Ridge Avenue . Carlsbad, . CA 92008
SUBJECT: LOT #264 - P A 13 KAFFK A RESIDENCE
Dear Mr. and Mrs. Kaffka:
Staff has reviewed Larry Clemen's recent letter regarding construction of your single family
dwelling on Lot #264 in Aviara Point. Mr. Clemens claims that Section 21.95.090(b)(3) of the
Hillside Development Ordinance would exclude this property from the Hillside Development
Ordinance since the project consists of development on a slope less than 4,000 square feet in
area. Staff disagrees with Mr. Clemen's understanding of the Section. Section 21.95.090(b)(3)
actually states that "areas of topographical change less than 15 feet in height and less than four
thousand square feet in area, which are not a part of the surrounding generalized slope" may be
excluded per the Planning Director's discretion. The proposal consists of placing a portion of
the house on a slope approximately 5,600 square feet in area and 19 feet in height. In addition,
this is the main slope on the property and therefore it must be considered as part of the
generalized slope.
The following is a recapitulation regarding the type of permit you must obtain as well as your
-project's non-compliance with City standards.
Section 21.95.030 of the Hillside Ordinance requires you to obtain a Hillside Development Permit
because your property has a slope greater than 15% in grade and an elevation difference greater
than 15 feet. This section of the ordinance does not mention or distinguish between natural or
previously graded manmade slopes.
Section 21.95.030(4) of the ordinance prohibits grading or development of slopes with a grade
exceeding 40%. Again, nothing in this section distinguishes between natural or manmade slopes.
As previously stated, Section 21.95.090 of the Ordinance allows the City to exclude certain
portions of the property from the restrictions of the Hillside Ordinance. Previously disturbed or
graded areas are one of those portions of property that be excluded. This section is
permissive'ana discretionary and does not mandate the City to exclude the area. This is the
Section of the ordinance which staff was utilizing in order to allow you to do some encroachment
into the slope and still comply with the intent of the ordinance. In the past, in situations similar
to yours, we have used this section to allow minor encroachment into previously graded 40%
slopes. After reviewing your plans, I do not feel that you are proposing a minor encroachment
but rather a major encroachment which goes way beyond what we have allowed others to do
in similar situations in the past and, as such, would establish a bad precedence. I believe that
what staff offered to support in terms of a modified encroachment (approximately 12 feet
horizontally and 6 feet vertically) is consistent with how we have implemented this section in the
past and is fair and reasonable. I also believe that allowing the encroachment you are requesting
2075 Las Palmas Drive - Carlsbad, California 92009-1576 - (619) 438-1 161
GREG & KAREN KAFFKA
OCTOBER 13, 1994
PAGE 2
is detrimental to the future development of the vacant adjoining lot next to the slope. Although
the house you are proposing looks very nice from architectural perspective, it appears that it is
inappropriately designed from a size or site layout perspective given the lot’s existing slope
constraints.
This letter is the official denial of your site plan review. In summary, your proposal is being
denied because you have not obtained a Hillside Development Permit, and it is unlikely that a
Hillside Development Permit would be issued since the project does not comply with certain
standards of the Hillside Ordinance. This decision may be appealed by you or any member of
the public to the Planning Commission within ten days of receipt of this letter. Appeals must be
submitted in writing to the Planning Department at 2075 Las Palmas Drive in Carlsbad, along with
a payment of $1 20.00. The filing of such appeal within such time limit shall stay the effective date
of the order of the Planning Director until such time as a final decision on the appeal is reached.
The Planning Commission’s action on an appeal would be final.
Before the City can process an appeal, additional application materials and information need to
be submitted to the City Planning Department. THIS INFORMATION MAY BE SUBMllTED
AFTER YOUR REQUEST FOR AN APPEAL IS SUBMITTED. A list of this information is enclosed.
If you have any question, please contact David Rick at 438-1 161 ext. 4328.
Sincerely,
MICHAEL J. HOUMIER ~
Planning Director
MJH/DFUb
c: Gary Wayne
Adrienne Landers
UST OF INFORMATION NEEDED TO PROCESS APPEAL
1. 10 copies of a 24" X 36" site plan folded to 8 1/2" X 1 1 ". The site plan must
include the following information:
building location and setbacks,
north arrow and scale,
location of all easements, including the open space easement at the rear
portion of the property,
lot dimensions,
size of open rear yard,'
location and height of all walls and fences,
driveways and adjacent streets,
existing and proposed topographic contour lines
a summary table which includes the following information:
1. lot area,
ii. pad area,
iii. total lot coverage, as well as separate totals for slope and pad
coverage,
iv. total building area in square feet.
2. 10 copies of building elevations and floor plans prepared on 24" X 36" sheets
folded to 8 1/2" X 1 1 " size. Also illustrate a minimum of 3 cross sections at various
areas along the length of the property and reference the location of these sections
on the site plan.