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Home My WebLink AboutHDP 2017-0001; DR MANEA PROPERTY LOT 52; Admin Decision Letter,1. September 12, 2017 Joanne Tyler O'Day Consultants Unit 100. 2710 Loker Avenue W. Carlsbad, CA 92010 ('City of Carlsbad SUBJECT: HOP 2017-0001 (DEV2017-0048)-DR MANEA PROPERTY LOT 52 -REVISED The City has completed a review of the application for a Hillside Development Permit for the rehabilitation and stabilization of an existing uphill perimeter slope located in the rear yard of a single-family home located at 7298 Sitio Lima. The project will add two retaining walls on the slope above an existing retaining wall at the toe of the slope. The retaining wall at the toe of the slope will also be extended in length. It is the City Planner'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: 1. There are no undevelopable lands located on the property as defined by Section 21.53.230(b) of the Carlsbad Municipal Code (CMC). 2. The development proposal is consistent with the intent, purpose and requirements of the Hillside Ordinance, Chapter 21.95 in that the project is consistent with the Land Use and Open Space, Conservation and Recreation elements of the General Plan since the site has been previously graded in conformance with the General Plan and Hillside Ordinance. There are no natural hillsides or sensitive resources on the site. The site is a developed residential property and retaining walls are permitted accessory structures. The aesthetic qualities of the existing manufactured slope will be maintained in that the project design follows the dominant slope and minimizes the amount of grading and number of retaining walls in order to rehabilitate and stabilize the existing slope. The project will incorporate an aesthetically pleasing design with retaining walls that match the type, color and texture of existing retaining walls. Landscaping will be incorporated in between and in front of the retaining walls to help screen the walls from view. The existing hillside is manufactured and accordingly, there will be no substantial impacts to natural resource areas, wildlife habitats, or native vegetation areas. There will be no impact on lagoons or riparian ecosystems in that the project has been conditioned to comply with the City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP Design Manual and Jurisdictional Runoff Management Program (JRMP) to avoid increased urban run-off, pollutants and soil erosion. Community & Economic Development Planning Division j 1635 Faraday Avenue Carlsbad, CA 92008-7314 j 760-602-4600 j 760-602-8560 f I www.carlsbadca.gov HDP 2017-0001 {DEV2017-0048)-DR MANEA PROPERTY LOT 52 September 12, 2017 Pa e 2 3. That the site has unusual geotechnical or soil conditions that necessitate corrective work that may require significant amounts of grading, in that the existing manufactured slope was originally stable. However, unpermitted grading on the hillside created a situation where the slope is now unstable and unsafe. The retaining walls, as designed, are the minimum necessary to rehabilitate and stabilize the slope as stated in the geotechnical review letter from SCST, Inc. dated August 18, 2017. Section 21.95.150 of the CMC excludes "hillside areas that have unusual geotechnical or soil conditions that necessitate corrective work that may require significant amounts of grading" and thus, this project is excluded from the hillside development and design standards of CMC Section 21.95.140. 4. That the City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15303 -New Construction or Conversion of Small Structures of the state CEQA Guidelines. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. 5. The City Pla.nner has reviewed each of the exactions imposed on the Developer contained in this resolution, 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: NOTE: Unless specifically stated in the conditiori, all of the following conditions must be met prior to approval of a building or grading permit whichever occurs first. 1. 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; 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. 2. 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. 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. •'' HDP 2017-0001 (DEV2017-0048}-DR MANEA PROPERTY LOT 52 September 12, 2017 Pa e 3 4. 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. 5. 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 nondiscretionary, 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 . . 6. Approval is granted for HDP 2017-0001-DR MAN EA PROPERTY LOT 52, as shown on Exhibit(s) "A" -"C", dated September 7, 2017, incorporated by reference and on file in the Planning Division. 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 City Planner, shall require an amendment to this Hillside Development Permit. 7. Prior to the issuance of a grading permit, owner/applicant 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 City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Hillside Development Permit on the real property owned by the owner/applicant. 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 City Planner 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 owner/applicant or successor in interest. 8. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. 9. 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. 10. Developer shall submit and obtain City Planner 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 and irrigation as shown on the approved Final Plans. All landscaping shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. All irrigation systems shall be maintained to provide the optimum amount of water to the landscape for plant growth without causing soil erosion and runoff. HDP 2017-0001 (DEV2017-0048) -DR MAN EA PROPERTY LOT 52 September 12, 2017 Pa e 4 11. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plancheck process on file in the Planning Division and accompanied by the project's building, improvement, and grading plans. Engineering: General i2. 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. Fees and Agreements 13. 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. 14. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Drainage Hold Harmless Agreement. Grading 15. Based upon a review of the proposed grading shown on the site plan, a grading permit for this project is required. Developer shall process a grading plans to the satisfaction of the city engineer. Developer shall prepare and submit plans and technical studies/reports as required by city engineer, post security and pay all applicable grading plan review and permit fees per the city's latest fee schedule. 16. Developer shall comply with the city's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution control practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. 17. Developer shall complete the City of Carlsbad Standard Stormwater Requirement Checklist Form. Developer is responsible to en·sure that all final design plans, grading plans, and building plans incorporate applicable best management practices (BMPs). These BMPs include site design, source control and Low Impact Design (LID) measures including, but not limited to, minimizing the use of impervious area (paving), routing run-off from impervious area to pervious/landscape areas, preventing illicit discharges into the storm drain and adding storm drain stenciling or signage all to the satisfaction of the city engineer. HDP 2017-0001 (DEV2017-0048) -DR MAN EA PROPERTY LOT 52 September 12, 2017 Pa e 5 18. Developer shall complete and submit to the city engineer a Determination of Project's SW PPP Tier Level and Construction Threat Level Form pursuant to City Engineering Standards. Developer shall al,so submit the appropriate Tier level Storm Water Compliance form and appropriate Tie( level Storm Water Pollution Prevention Plan (SWPPP) to the satisfaction of the city engineer. Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule. CITY OF CARLSBAD TERI DELCAMP Principal Planner TD:CG: sc c: Sabin & Eugenia Manea, 7298 Sitio Lima, Carlsbad, CA 92009 Tecla Levy, Project Engineer File Copy Data Entry HPRM '-, . ·' .. September 7, 2017 Joanne Tyler O'Day Consultants Unit 100 2710 Loker Avenue W. Carlsbad, CA 92010 SUBJECT: HDP 2017-0001 (DEV2017-0048) -DR MANEA PROPERTY LOT 52 {'City of· Carlsbad The City has completed a review of the application for a Hillside Development Permit for the rehabilitation and stabilization of an existing uphill perimeter slope located in the rear yard of a single-family home located at 7298 Sitio Lima. The project will add two retaining walls on the slope above an existing retaining wall at the toe of the slope. The retaining wall at the toe of the slope will also be extended in length. It is the City Planner'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: 1. There are no undevelopable lands located on the property as defined by Section 21.53.230(b) of the Carlsbad Municipal Code (CMC). 2. The development proposal is consistent with the intent, purpose and requirements ofthe Hillside Ordinance, Chapter 21.95 in that the project is consistent with the Land Use and Open Space, Conservation and Recreation elements of the General Plan since the site has been previously graded in conformance with the General Plan and Hillside Ordinance. There are no natural hillsides or sensitive resources on the site. The site is a developed residential property and retaining walls are .. permitted accessory structures. The aesthetic qualities of the existing manufactured slope will be maintained in that the project design follows the dominant slope and minimizes the amount of grading and number of retaining walls in order to rehabilitate and stabilize the existing slope. The project will incorporate an aesthetically pleasing design with retaining walls that match the type, color and texture of existing retaining walls. Landscaping will be incorporated in between and in front of the retaining walls to help screen the walls from view. The existing hillside is manufacture~ and accordingly, there will be no substantial impacts to natural resource areas, wildlife habitats, or native vegetation areas. There will be no impact on lagoons or riparian ecosystems in that the project has been conditioned to comply with the City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP Design Manual and Jurisdictional Runoff Management Program (JRMP) to avoid increased urban run-off, pollutants and soil erosion. Community & Economic Development Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-4600 I 760-602-8560 f I www.carlsbadca.gov HOP 2017-0001 (DEV2017-0048)-DR MANEA PROPERTY LOT 52 September 7, 2017 Pa e 2 3. That the site has unusual geotechnical or soil conditions that necessitate corrective work that may require significant amounts of grading, in that the existing manufactured slope was originally stable. However, unpermitted grading on the hillside created a situation where the slope is now unstable and unsafe. The retaining walls, as designed, are the minimum necessary to rehabilitate and stabilize the slope as stated in the geotechnical review letter from SCST, Inc. dated August 18, 2017. Section 21.95.150 of the CMC excludes "hillside areas that have unusual geotechnical or soil conditions that necessitate corrective work that may require significant amounts of grading" and thus, this project is excluded from the hillside development and design standards of CMC Section 21.95.140. 4. That the City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, an~ it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15303 -New Construction or Conversion of Small Structures of the state CEQA Guidelines. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. 5. The City Planner has reviewed each of the exactions imposed on the Developer contained in this resolution, 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. 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; 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. 2. 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. 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. .... .. . . ·~ HDP 2017-0001 (DEV2017-0048) -DR MAN EA PROPERTY LOT 52 September 7, 2017 Pa e 3 4. 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. 5. 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, loss~s, 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 nondiscretionary, 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. 6. Approval is granted for HDP 2017-0001 -DR MANEA PROPERTY LOT 52, as shown on Exhibit(s) "A" -"C", dated September 7, 2017, incorporated by reference and on file in the Planning Division. 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 City Planner, shall require an amendment to this Hillside Development Permit. 7. Prior to the issuance of a grading permit, owner/applicant 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 City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Hillside Development Permit on the real property owned by the owner/applicant. 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 City Planner 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 owner/applicant or successor in interest. 8. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. 9. 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. 10. Developer shall submit and obtain City Planner 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 and irrigation as shown on the approved Final Plans. All landscaping shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. All irrigation systems shall be maintained to provide the optimum amount of water to the landscape for plant growth without causing soil erosion and runoff. HOP 2017-0001 (DEV2017-0048}-DR MANEA PROPERTY LOT 52 September 7, 2017 Pa e 4 11. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plancheck process on file in the Planning Division and accompanied by the project's building, improvement, and grading plans. CITY OF CARLSBAD TERI DELCAMP Principal Planner TD:CG: sc c: Sabin & Eugenia Manea, 7298 Sitio Lima, Carlsbad, CA 92009 Tecla Levy, Project Engineer File Copy Data Entry HPRM