HomeMy WebLinkAboutHDP 02-03; Sacada II; Hillside Development Permit (HDP) (2)-
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City of Carlsbad
November 12,2002
Jo MacKenzie
1578 Palomar Drive
San Marcos, CA 92069
SUBJECT: HDP 02-03 - SACADA II
The City has completed a review of the application for a Hillside Development Permit for a two-
unit duplex located at 2416 Sacada Circle (APN 216-190-48), Carlsbad, California.
It is the Planning Director’s determination that based on the attached conditions, the project is
consistent with the City’s hillside development regulations (Chapter 21.95) and with all other
applicable City Ordinances and Policies. Further, the project has been found to be categorically
exempt from environmental review according to Section 15303(b) of the California
Environmental Quality Act and a Notice of Exemption will be filed on project approval.
This letter, including the listed findings and conditions, constitutes APPROVAL of HDP 02-03 -
Sacada II, as shown on Exhibit A - E dated November 12, 2002, on file in the Planning
Department and incorporated herein by reference.
Findinqs:
1. Undevelopable areas of the project, pursuant to Section 21.53.230(b) of this code, have
been properly identified.
2. The project complies with the purpose and intent provisions of Section 21.95.010 of this
chapter in that the project is consistent with Land Use and Open Space/
Conservation elements of the General Plan; the project is designed in
conformance with the hillside conditions and no manufactured slopes are
proposed as part of the project, there will be no impact on lago,ons and riparian
ecosystems; there will be no substantial impacts to natural resource areas,
wildlife habitats or native vegetation areas.
3. The project design substantially conforms to the hillside development guidelines manual
in that the deign is environmentally sensitive and proposed structure follows the
dominant slope of the site.
4. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 6 and all City public facility policies and
ordinances, The project includes elements or has been conditioned to construct or
provide funding to ensure that all facilities and improvements regarding: sewer
collection and treatment; water; drainage; circulation; fire; schools; parks and other
recreational facilities; libraries; government administrative facilities; and open space,
1635 Faraday Avenue Carlsbad, CA 92008-7314 (760) 602-4600 FAX (760) 602-8559 www.ci.carlsbad.ca.us @
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HDP 02-03 - SACADA II
November 12,2002
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related to the project will be installed to serve new development prior to or concurrent
with need. Specifically,
A. The project has been conditioned to provide proof from the Encinitas and San
Dieguito School Districts that the project has satisfied its obligation for school
facilities.
B. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and
will be collected prior to issuance of building permit.
C. The Public Facility fee is required to be paid by Council Policy No. 17 and will be
collected prior to the issuance of building permit.
D. The Local Facilities Management fee for Zone 6 is required by Carlsbad
Municipal Code Section 21.90.050 and will be collected prior to issuance of
building permit.
5. That the Planning Director has determined that the project is exempt from the
requirements of the California Environmental Quality Act (CEQA) per Section 15303(b)
the environment.
of the state CEQA Guidelines and will not have any adverse significant impact on
Conditions:
1.
2.
3.
4.
If any of the following 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.
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 in conformity with the 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
laws and regulations in effect at the time of building permit issuance.
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 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.
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HDP 02-03 - SACADA II
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5.
6.
7.
8.
9.
10.
11.
The Developer/Operator shall and does hereby agree to indemnify, protect, defend and
hold harmless the City of Carlsbad, its Council members, officers, employees, agents,
and representatives, from and against any and all liabilities, losses, damages, demands,
claims and costs, including court costs and attorney’s fees incurred by the City arising,
directly or indirectly, from (a) City’s approval and issuance of this Hillside Development
Permit, (b) City’s approval or issuance of any permit or action, whether discretionary or
non-discretionary, in connection with the use contemplated herein, and (c)
Developer/Operator’s installation and operation of the facility permitted hereby, including
without limitation, any and all liabilities arising from the emission by the facility of
electromagnetic fields or other energy waves or emissions.
The Developer shall submit to the Planning Director a reproducible 24” x 36”, mylar
copy of the Hillside Development Permit reflecting the conditions approved by the final
decision making body prior to issuance of building permits.
Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from Encinitas and San Dieguito School District that this project has satisfied its
obligation to provide school facilities.
This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 6 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
At issuance of building permits for the construction of duplex, 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 in the amount in effect at the time, as established by City Council
Resolution from time to time.
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.
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 a Hillside Development Permit, file No. HDP 02-03 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.
Enqineering
General
12. Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, Developer shall apply for and obtain approval from, the City Engineer
for the proposed haul route.
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13. Prior to issuance of any building permit, Developer shall comply with the requirements of
the City's anti-graffiti program for wall treatments if and when such a program is
formally established by the City.
14. Prior to occupancy, Developer shall install rain gutters to convey roof drainage to the
street via sidewalk underdrains to the satisfaction of the City Engineer. Concentrated
drainage shall not be permitted to drain on sloping terrain.
FeeslAgreements
15. Developer shall cause property owner to execute and submit to the City Engineer for
recordation, the City's standard form Geologic Failure Hold Harmless Agreement.
16. Developer shall cause property owner to execute.and submit to the City Engineer for
recordation the City's standard form Drainage Hold Harmless Agreement regarding
drainage across the adjacent property.
17. Prior to approval of any grading or building. permits for this project, Developer shall
cause Owner to give written consent to the City Engineer to the annexation of the area
shown within the boundaries of the subdivision into the existing City of Carlsbad Street
Lighting and Landscaping District No. 1 , on a form provided by the City Engineer.
Grading
18. No grading for private improvements shall occur outside the limits of this approval
unless Developer obtains, records and submits a recorded copy to the City Engineer a
grading or slope easement or agreement from the owners of the affected properties.
19. Based upon a review of the proposed grading and the grading quantities shown on the
site plan, a grading permit for this project is required. Developer shall apply for and
obtain a grading permit from the City Engineer prior to issuance of a building permit for
the project.
20. Developer shall comply with the City's requirements of the National Pollutant Discharge
Elimination System (NPDES) permit, latest version. Developer shall provide
improvements constructed pursuant to best management practices as referenced in the
"California Storm Water Best Management Practices Handbook" to reduce surface
pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such
improvements shall be submitted to and subject to the approval of the City Engineer.
Said plans shall include but not be limited to notifying prospective owners and tenants of
the following:
A. All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly dispose of toxic and
hazardous waste products.
B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifreeze, solvents, paints, paint thinners, wood preservatives, and other such
fluids shall not be discharged into any street, public or private, or into storm drain
or storm water conveyance systems. Use and disposal of pesticides, fungicides,
herbicides, insecticides, fertilizers and other such chemical treatments shall meet
Federal, State, County and City requirements as prescribed in their respective
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containers.
C. Best Management Practices shall be used to eliminate or reduce surface
pollutants when planning any changes to the landscaping and surface
improvements.
Code Reminder
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
21. 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 Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction
of the City Engineer.
Standard Code Reminders
22. Developer shall pay the License Tax on new construction imposed by Carlsbad
Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), and the
Citywide Public Facilities Fee imposed by City Council Policy #17, subject to any credits
authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any
applicable Local Facilities Management Plan fee for Zone 6, pursuant to Chapter 21.90.
All such taxeslfees shall be paid at issuance of building permit. If the taxedfees and not
paid, this approval will not be consistent with the General Plan and shall become void.
General
23. 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.
24. All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in
substance as provided in Building Department Policy No. 80-6, to the satisfaction of the
Directors of Community Development and Planning.
25. Addresses, approved by the Building Official, shall be placed on all new and existing
buildings so as to be plainly visible from the street or access road; color of identification
andlor addresses shall contrast to their background color, as required by Carlsbad
Municipal Code Section 18.04.320.
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 date of final approval to protest imposition of these fees/exactions. 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
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HDP 02-03 - SACADA II
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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 feedexactions
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.
Sincerely,
MICHAELY HO~~MILLER
Planning Director
MJH:SQ:sn
Attachment
c: Jeremy Riddle
Don Neu
File Copy
Data Entry