HomeMy WebLinkAboutDI 94-01; Kaffka Residence; Discussion Item (DI) (8)August 31, 1994
Michael J. Holzmiller
Planning Director
City of Carlsbad Planning Department
2075 Las Palmas Dr.
Carlsbad, CA 92008
Dear Mr. Holzmiller;
Following is a summary highlighting the hillside development permit regulations and how these
requirements impact the design of our new home. Attached are diagrams, figures and drawings depicting
both Hillside Development ordinance information and proposed design documents for our project. We are
requesting Planning Director review of these issues because of the unique circumstances our parcel
possesses with respect to other properties within the Aviara community. The first part of the Hillside
Development Guidelines is a drafl "Hillside Development regulation information sheet". The second
section is a summary of the "Purpose and Intent" (section 21.95.010), followed by Hillside Mapping
Procedures and related diagrams. The third area describes "Hillside Development Design Standards".
Finally, the last part is the "Hillside Development Regulations, Chapter 21.95.
Some of the common threads that weave through the "Hillside Development Guidelines" are listed below
and summarized with a brief analysis as how these requirement impact our project. The following eight
items have been extracted from section 2 1.95.0 10, Purpose and Intent., of the Hillside Development
Guidelines.
1. Substantial damage or alteration of significant NATURAL RESOURCES.
2. Preserve the NATURAL APPEARANCE ... assuring development and intensity relates to the
3. Assure proper design is utilized in grading, landscaping and development to preserve the
4. Preserve and enhance a healthful and aesthetically pleasing environment by assuring ...
slope of the land.
NATURAL APPEARANCE of hillsides.
pleasing to the eye, rich in variety, highly identifiable and reflects the city's cultural and
environmental values.
5. Implement the intent of the land use and open spacelelements.
6. Prevent erosion and protect lagoons.
7. Encourage creatively designed hillside development requiring minimal amount of grading.
8. Reduce the intensity of development on hdlside areas to ensure ... compatible with existing
topography.
Purpose and Intent summary:
Items #1,#2 and #3 make direct reference to development of "NATURAL" resources and
appearance. Our parcel, which is a manmade manufactured lot in an established subdivision, does not fall
under the definition of being "NATURAL". Our proposed design is confined to manmade, manufactured
slopes that are void of "NATURAL RESOURCES" and lack "NATURAL APPEARANCE". These
particular standards appear to address undeveloped natural properties. Items #4 and #7 refer to enhancing
and encouraging creative design that is both pleasing to the eye and rich in variety while minimizing
grading. See FIGURE #1 for aesthetic design solution. The street elevation depicts both character and
sensitivity to hillside development typical of sloping sites in any Mediterranean environment.
Additionally, the harsh features of the manmade slope are incorporated into and diminished by our house
design. With reference to grading, the Hillside Development Regulations (section 21.95.060 J 3) states
that grading up to 8000 cu.yds. per acre is acceptable. Our parcel requires approximately 400 cu.yds. for a
13000 fq.ft lot (1300 cu. yds. per acre) or about 17% of the limit whch is considered acceptable. Items
listed in #6, erosion and lagoon protection, are addressed by properly designed and implemented
improvements on manufactured slopes. The proposed construction on these existing slopes wi11 reduce the
exposure to weather thereby reducing erosion and silting. Item #5 refers to open space requirements. As
per Aviar's Planning Department Design Standards for "Area 13: Single Family Residential," open space
on individual parcels shall be at least 15% of the lot area and shall be located in the rear yard and shall
not exceed a gradient of 5%. See FIGURES #2a and 2b, Proposed Site Plan and Site / Topo Plan, which
indicates open space requirements. Adhering to this requirement increases "quality of life" issues for the
residents by providing "usable" outside environment while at the same time decreasing buildable flat pad
areas. This requirement encourages the development into the slope areas. The final issue, item #8, is
designed to reduce intensity and be compatible with existing topography. Our parcel in the custom
residential development of Aviara is unique in that it is the only lot which is subject to Hillside
Development regulations. We are affected by these requirements because the vertical height of the slope
exceeds the 15' maximum height. This condition exists only from our lower building pad. The upper pad,
which is consistent with all other parcels in the Aviara development, is not subject to this requirement.
What this means, is our neighbors who have 2: 1 slopes like our parcel, have the right to build on their
slopes up to the required set-back line without hillside review, essentially the same way we are proposing
the design of our home.
Attached, for your review and analysis, are FIGURES #3 and ##4 which indicate Hillside
Mapping and Site Profiles for our project. The Hillside Mapping Plan shows the Coastal / Natural
Preserve slopes, the 40%+ slopes, required Open Space, usable flat pad reserved within the setbacks and
the buildable pad area. Also shown, are the section arrows that relate to the Site Profiles shown on
FIGURE #5.
The third part of the Hillside Development Guidelines address specific issues related to Design
Standards. Following is our analysis indicating how each of the ten listed Design Standards affect our
proposed project.
A. Coastal Zone Hillside Standards: Our project is subject to Coastal approval and has already
dedicated property to Coastal Preservation. (see Hillside Mapping FIGURE #3)
B. Contour Grading: Where grading is required, acceptable contour grading shall be utilized to
assure "blended natural appearance".
C. Area and Extent of Grading: Development of the property is limited to a minimum extension
beyond the perimeter of the building footprint with the exception of the flat pad area
where usable outside areas are utilized for indoor / outdoor living.
D. Screening Graded Slopes: "The screening of graded or manmade slopes is of critical
importance.". . . "One of the best ways to do this is to use the building itself as a
screening devise." The preceding quotes are taken directly from the Design Standards
Guidelines. Since we already have a manmade manufactured slope, screening by our
proposed building will only minimize it's visual appearance and fit into the general
character of the neighborhood.
E. View Preservation and Enhancement: FIGURE #5 illustrates how view preservation is
enhanced by locating the same height structure closer to the viewing point. With respect
to the reverse view from below, our site, if required to be design as per the strict
interpretation of the ordinance, would be the only property withn the development with
an exposed slope of this nature.
F. Roadway Design: Not Applicable.
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G. and H. Hillside and Hilltop Architecture: Attached is FIGURE #6, the City of Carlsbad's
Hillside Architecture graphic depicting "Acceptable" and "Not Acceptable" hillside
development. Features incorporated into our design which are considered "Acceptable"
are as follows: - Building is parallel with contours - Roof line undulated to fit with natural contours of land - Roof plane parallels slope - Multi-level terraced foundation fit into hillside
I. Hillside Drainage: Proper drainage design and implementation will eliminate this problem.
J. Slope Height and Volume of Grading: Slope height is an existing condition and the volume of
the proposed grading was addressed previously (400 cu. yds.)
The last section to be reviewed is the Hillside Development Regulations (Chapter 21.95). The
first two section, Purpose and Intent and Hillside Mapping Procedures ( 21.95.010 and 21.95.020), have
already been discussed in detail. General Restrictions (21.95.030) addresses the finding necessary inorder
to approve a Hillside Development Permit. Following is a list of those findings:
1. That hillside conditions have been properly identified: See FIGURE #3 hillside mapping.
2. That undevelopable areas of the project have been properly identified: See FIGURE #3.
3. That the development proposal and all applicable development approvals and permits are
consistent with the purpose, intent and requirements of this chapter: As previously
discussed, the Purpose and Intent are well defined and general conformance is indicated.
The issues relating to the Design Standards are also well defined and are in
conformance.
undevelopable pursuant to the provisions of Section 21.53.230. This section specifically
addresses density calculations and how slope analysis affects those calculations. It also
makes reference back to Sect. 21.95.040. The logic behind restricting slope development
on a lot with a 40% slope and a slope height greater than 15' and then allowing slope
development on 40% slopes with a height less than 15' on adjacent properties is beyond
comprehension. There is nothing in the "Purpose and Intent" section of the ordinance or
in the "Hillside Development Design Standards" which makes sense for this particular
project.
Approximately 2400 sq. ft. (18% of the total lot area) is being developed on slopes
subject to Hillside Development Regulations. This development is on manmade
manufactured slopes not natural slopes. That portion of the property that consists of
natural slopes (2380 sq. ft.) is to remain in its natural state not to developed in any way.
Hillside Development Guidelines manual: See FIGURES for detailed illustration.
4. That no development or grading will occur in those portions of the property which are
5. That the project design and lot configuration minimize disturbance of hillside lands:
6. That the project design substantially conforms to the intent of the concepts illustrated in the
The Residential Density Calculation (21.95.040) addresses allowable residential density as it relates to
slopes on the site. Slopes grater than 40% are excluded from the density calculation. Slopes between 25%
and 40% are counted 50% for density calculations. Taking this into consideration and the fact that the
minimum lot size specified in the Aviara development is 8000 sq. ft., following is a summary of the
density calculation for our project.
Lot Area: 13000 sq3.
Coastal Preserve and
Natural Slopes (25%-40'%0): 2380 sq.ft.
Flat pad and min. slopes: 7100 sq. ft
slopes (40'%0+): 4520 sq.ft.
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After factoring in setbacks and the required Open Space, the available buildable area is reduced to
approximately 1930 sq.ft. (see FIGURE #3 fillside Mapping). Section 21.95.050, Minimum Development
of Hillside Lands allows for reasonable use of hdlsides and development of at least one single family unit
per parcel. As per the area calculations listed above and the restraints imposed upon this property, and the
requirement for on site parking, the subject properties available building area will be reduced to 1530
sq.ft.. In ths neighborhood with some homes approaching 10000 sq.ft. and many in the area of 5000 sq.ft.
our property is being squeezed by restrictions that almost make this parcel undevelopable. Hillside
Development and design standards (section 21.95.060) have been Qscussed in detail earlier.
Modifications to the Development and Design Standards (section 21.95.070) states the following:
"The decision making body may approve a modification to the hillside development and design
standards of section 2 1.95.060 if the proposed development complies with the intent of this
chapter and one or more of the following findings can be made:"
1. The site has unusual geotechnical or soil conditions that necessitate corrective work
2. The site requires extensive grading to accommodate a circulation-element roadway;
3. The proposed modification will result in significantly more Open Space or
that may require significant amounts of grading; Not applicable
Not applicable
undisturbed area than would strict adherence to the requirements of section
21.95.060; As described earlier, development on the slope will result in "Usable
Open Space" (less than 5% slope) that would otherwise be consumed by
building.
4. The site is impacted by unusual geotechnical or soils conditions that necessitate
corrective work or a circulation-element roadway; Not applicable
In conclusion, it is obvious that a decision maker in your position can utilize common sense to
see that the intent and purpose of the Hillside Development process is intended for preservation of existing
natural resources and aesthetically pleasing design. Our project does not affect precious natural
environmental concerns or create hazardous conditions whlch could effect life safety and health issues
within our immedlate neighborhood. AdQtionally, we have the complete support of the design review
committee in the Aviara community as well. In closing, our home design is intended to be totally
compatible with existing and proposed buildings in our neighborhood and we are looking for assistance on
these issue from the Planning Director and Planning Department personnel.
please contact us at your convenience.
If you have any questions or need any additional backup support information on this project,
Sincerely,
Greg and Karen Kaffka
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