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HomeMy WebLinkAboutHDP 10-02; Ross Minor Subdivision; Hillside Development Permit (HDP)CITY OFx CARLSBAD Planning Division www.carlsbadca.gov December 20, 2010 Sea Bright Company Attn: Robert Sukup 4322 Sea Bright Place Carlsbad, CA 92008 SUBJECT: HDP 10-02 - ROSS MINOR SUBDIVISION The City has completed a review of the application for a Hillside Development Permit to allow for the subdivision and grading of 0.55 acres into two lots located at 2484 La Costa Avenue just west of Nueva Castilla Way and located within Local Facilities Management Zone 6, (APN 216- 160-18). It is the Planning Director's determination that based on the attached conditions, the project HDP 10-02 - ROSS MINOR SUBDIVISION is consistent with the City's Hillside Development Ordinance (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 15315, Minor Land Divisions, of the California Environmental Quality Act and a notice of exemption will be filed upon project approval. This letter, including the listed findings and conditions, constitutes APPROVAL of HDP 10-02 - ROSS MINOR SUBDIVISION as shown on Exhibits "A-C" dated December 20, 2010, on file in the Planning Department and incorporated herein by reference. 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. 3. The development proposal is consistent with the.intent, purpose and requirements of the Hillside Ordinance, Chapter 21.95 in that that: a) the project is consistent with the Land Use and Open Space/Conservation elements of the General Plan since the site has been previously graded, and no undevelopable natural hillsides or sensitive resources are located on the site, b) the existing hillside conditions have been properly identified and incorporated into the project review as the existing hillside conditions will be maintained in that the project design follows the dominant slope and minimizes the amount of grading, c) the project design will preserve and enhance the aesthetic qualities of the existing manufactured and natural slopes by incorporating an aesthetically pleasing design using rounded patterns and the use of landscaping to reduce the visual impacts on the adjacent properties. The subject property also backs to the La Costa Resort Golf Course and the proposed manufactured slopes will not be ^ 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® HDP 10-02 - ROSS MINOR SUBDIVISION December 20, 2010 PAGE 2 visible due to tall trees and dense ornamental landscaping that exists between the golf course property and the subject property's northeastern most property line, d) there will be no visual impacts to the public roadway as most of the proposed 2:1 manufactured slopes are located below street grade and will not be visible from La Costa Avenue, and e) there will be no impact on lagoons or riparian ecosystems in that the project has been designed in an environmentally sensitive manner and will be conditioned to submit an erosion control plan consistent with the NPDES permit requirements as required by the Regional Water Quality Control Board and the City of Carlsbad. 4. That the proposed development and grading will not occur in the undevelopable portions of the site, in that there are no undevelopable lands located on the property as defined by Section 21,53.230(b) of the Carlsbad Municipal Code. 5. ' That the project design and lot configuration minimizes disturbance of hillside lands, in that the site has been previously graded and disturbed, the slope does not comprise a prominent land form feature, and grading volumes are within acceptable limits. Furthermore, the project would improve the existing non-conforming 1:1.5 steep slope by re-grading this area to a 2:1 slope consistent with City policy. 6. The project design substantially conforms to the intent of the concepts illustrated in the Hillside Development Guidelines Manual in that the design minimizes the amount of grading (1,519 cubic yards per acre) to an acceptable level; incorporates an aesthetically pleasing design through rounded slope patterns with no slope over 20 feet in height, and the proposed re-grading of the steep 1:1.5 existing manufactured slope to a 2:1 slope will not impact the adjacent properties and adjacent roadways. 7. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B). 8. That the Planning Director has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15315, Minor Land Subdivisions, of the state CEQA Guidelines and will not have adverse significant impact on the environment. 9. The Planning Director has reviewed each of the exactions imposed on the Developer contained in this approval, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: 1. Approval is granted for HDP 10-02 - ROSS MINOR SUBDIVISION, as shown on Exhibit(s) "A-C, dated December 20, 2010, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown on the approved exhibit(s). Any proposed grading and/or development substantially different from this approval as determined by the Planning Director, shall require an amendment to this Hillside Development Permit. 2. 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 HDP 10-02 - ROSS MINOR SUBDIVISION December 20, 2010 PAGES future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; 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. 3. 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. 4. The Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of grading permit issuance. 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 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. 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. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 7. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the San Dieguito Union School District that this project has satisfied its obligation to provide school facilities. 8. 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. 9. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), 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 taxes/fees shall be paid at issuance of building permit. If the taxes/fees and not paid, this approval will not be consistent with the General Plan and shall become void. HDP 10-02 - ROSS MINOR SUBDIVISION December 20, 2010 PAGE 4 10. 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 on the property. 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. 11. 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. 12. This approval is granted subject to the approval of Minor Subdivision MS 09-07 and is subject to all conditions contained in the City's administrative approval letter for this other approval incorporated herein by reference. 13. 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 in the amount in effect at the time, as established by City Council Resolution from time to time. 14. Developer shall submit to the Planning Department a reproducible 24" x 36," mylar copy of the Site Plan reflecting the conditions approved by the final decision making body prior to recordation of Parcel Map MS 09-07. 15. Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 16. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Department and accompanied by the project's building, improvement, and grading plans. 17. 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. 18. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. 19. This approval shall become null and void upon the expiration or withdrawal of Minor Subdivision (MS 09-07). HDP 10-02 - ROSS MINOR SUBDIVISION December 20, 2010 PAGES Fees: 20. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code. 21. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 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 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 OF CARLSBAD CHRIS DeCERBO Principal Planner CD:GF:sm c: Brian & Teresa Ross, 7704 South Tuscan Club Circle, Sioux Falls, SD 57106 Doug Fess, 2456 La Costa Avenue, Carlsbad, CA 92009 Don Neu, Planning Director Michele Masterson, CED Senior Management Analyst Chris DeCerbo, Team Leader David Rick, Project Engineer File Copy Data Entry