HomeMy WebLinkAbout2010-09-01; Planning Commission; ; GPA 09-08|ZC 09-09|CT 04-13|HDP 04-06|HMP 09-10 - EL FUERTE VIEWThe City of Carlsbad Planning Department
A REPORT TO THE PLANNING COMMISSION
P.C. AGENDA OF: September 1, 2010
Item No.
Application complete date: 08/09/2005
Project Planner: Christer Westman
Project Engineer: Clyde Wickham
SUBJECT: GPA 09-08/ZC 09-09/CT 04-13/HDP 04-06/HMP 09-10 -EL FUERTE
VIEW -Request for a recommendation of adoption of a Mitigated Negative
Declaration and Mitigation Monitoring and Reporting Program; a
recommendation of approval for a General Plan Amendment and Zone Change to
designate an open space preservation lot as Open Space; and a request for
approval of a Tentative Tract Map, Hillside Development Permit and Habitat
Management plan Permit for the subdivision and grading of a 3.91-acre site into
seven (7) single-family residential lots for the future development of seven single
family homes and one (1) 1.56 acre open space lot, on property generally located
south of El Fuerte Street and north of Cacatua Street in Local Facilities
Management Zone 6.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 6669
RECOMMENDING ADOPTION of a Mitigated Negative Declaration and Mitigation
Monitoring and Reporting Program, and ADOPT Planning Commission Resolutions No. 6670
and 6671 RECOMMENDING APPROVAL of General Plan Amendment GPA 09-08 and
Zone Change ZC 09-09, and ADOPT Planning Commission Resolutions No. 6672, 6674, and
6675 APPROVING Tentative Tract Map CT 04-13, Hillside Development Permit HDP 04-06
and Habitat Management Plan HMP 09-10, based on the findings and subject to the conditions
contained therein.
II. INTRODUCTION
The proposed project is the subdivision and development of a 3.91-acre site into seven, minimum
10,760 square foot, single family residential lots for the development of 7 future single family
homes and a 1.56 acre open space lot. The infill project site is generally located south of El
Fuerte Street and north of Cacatua Street in La Costa.
The proposed project requires a General Plan Amendment (GPA) to change the existing General
Plan Land Use designation from Residential Low Medium (RLM) to Residential Low Medium
and Open Space (OS). A Zone Change (ZC) is also required to change the existing zoning
designation on the property from One-Family Residential (R-1) to One-Family Residential and
Open Space (OS). A Tentative Tract Map (CT) is required in order to subdivide the parcel into
seven single-family residential lots and one open space lot. A Hillside Development Permit is
required to develop the site since it includes natural slopes that are both greater than 15%
gradient and greater than 15 feet in height.
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A Habitat Management Plan Permit is required since the project will have impacts to natural
resources covered by the Habitat Management Plan and the project will mitigate those impacts
consistent with the Habitat Management Plan.
The GP A and ZC require the approval of the City Council. The approval of the CT, HDP, and
HMP is final at the Planning Commission.
The project has been reviewed for environmental impacts and no significant unmitigable impacts
were found. As designed and conditioned, the project is consistent with all applicable standards
and policies, and the necessary findings to approve the project can be made.
III. PROJECT DESCRIPTION AND BACKGROUND
The 3.91 acre site is vacant, has a General Plan land use designation of Residential Low-Medium
(RLM) and zoning designation of one family residential (R-1). The northern to eastern 1.63
acres of the site have been previously graded and include a relatively flat pad area. The
remainder of the site is a combination of natural and manufactured slopes. There are slopes from
the pad area down to El Fuerte Street up to 30 feet in height and up to the adjoining lots on
Cacatua Street up to 60 feet in height. The site contains both native and non-native plant species.
To the east, south, and north is existing single family residential development. To the west is a
sloping open space lot which is part of an established La Costa subdivision.
The project proposal is the development of a 3.91-acre site into seven (7), minimum 10,760
square foot, single-family residential lots for the future development of seven single family
homes and one (1) open space lot. The 1.56 acre open space Lot number 8 wraps around the
development area to the north and south and contains both natural and manufactured slopes with
native and ornamental plant species. The proposed project pads are created by cutting into the
slopes and the installation of retaining walls along the south edge of the development area as
well as the export of material. Residential lots 2 through 7 are stepped with split pads that differ
in elevation by ten feet.
The individual residential lots are accessed off of El Fuerte Street. The proposed residential lot
areas range in size from 10,760 square feet to 13,878 square feet. The pad areas on the
residential lots range in size from 5,300 square feet to 9,500 square feet. No homes are proposed
at this time.
IV. ANALYSIS
The proposed project is subject to the following plans, ordinances, standards, and policies:
A. Carlsbad General Plan Residential Low Medium Density (RLM) and Open Space (OS)
Land Use designation regulations;
B. One-Family Residential (R-1) Zone, and Open Space (OS) Zone (Chapters 21.10 and
21.33 of the Carlsbad Municipal Code);
C. Subdivision Map Act and City of Carlsbad Subdivision Regulations (Title 20 of the
Carlsbad Municipal Code);
D. Inclusionary Housing Ordinance (Chapter 21.85 of the Carlsbad Municipal Code);
E. Hillside Development Regulations (Chapter 21.95 of the Carlsbad Municipal Code);
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F. Habitat Management Plan; and
G. Growth Management Ordinance (Chapter 21.90 of the Carlsbad Municipal Code) and
Zone 6 Local Facilities Management Plan.
The recommendation for approval of this project was developed by analyzing the project's
consistency with the applicable regulations and policies. The project's compliance with each of
the above regulations is discussed in the sections below.
A. Carlsbad General Plan Residential Low-Medium Density (RLM) and Open Space
(OS) Land Use Designations
The existing General Plan Land Use designation for the site is Residential Low-Medium Density
(RLM). The RLM designation allows for the development of single-family residential dwellings
within a density range of 0-4 dwelling units per acre ( du/ac) with a Growth Management Control
Point (GMCP) of 3.2 du/ac. The project site has a net developable area of 2.18 acres. At the
RLM GMCP, the site would yield 6.98 dwelling units. This yield is rounded up to the nearest
whole number which is seven (7). The project proposal to develop the site with seven single
family lots at a density of 3.2 du/ac is consistent with the intent of the RLM General Plan land
use designation. The project's proposed density of 3.2 du/ac is at the Growth Management
Control Point density (3.2 du/ac) used for the purposes of calculating the City's compliance with
Government Code Section 65584.
Consistent with the regulations of the City's Habitat Management Plan, that portion of the
property being designated as an open space lot will be designated on the General Plan Land Use
map and on the Zoning map as Open Space. The proposed General Plan land use change will
place the Open Space lot into a permanent Open Space (OS) land use designation. The
remaining portion of the lot, being developed with the single-family lots, will remain as RLM on
the General Plan Land Use map.
In addition to the above, the project complies with all elements of the General Plan as discussed
in Table A below:
TABLE A -GENERAL PLAN COMPLIANCE
USE, CLASSIFICATION, PROPOSED USES & ELEMENT GOAL, OBJECTIVE OR IMPROVEMENTS COMPLY
PROGRAM
Land Use The project site is designated Seven (7) single-family lots are Yes
RLM (Residential Low-proposed for the future
Medium Density). RLM construction of detached one-
anticipates one-family family dwellings.
dwellings at a density of 0-4
du/ac with a GMCP of 3.2 The project's density of 3.2
du/ac. du/ac is within the RLM density
range of 0-4 du/ac, and does not
exceed the GMCP of 3.2 du/ac.
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TABLE A -GENERAL PLAN COMPLIANCE CONTINUED
USE, CLASSIFICATION, PROPOSED USES & ELEMENT GOAL, OBJECTIVE OR IMPROVEMENTS PROGRAM
Housing Provision of affordable The project is conditioned to
housing. purchase one Villa Loma
housing credit in order to
provide their proportionate share
of affordable housing.
Public Safety Review new development The project includes or has been
proposals to consider conditioned to provide facilities
emergency access, fire to ensure that the development
hydrant locations and fire proposal complies with public
flow requirements. safety requirements.
Open Space & Minimize environmental The project includes the
Conservation impacts to sensitive resources preservation of open space and
within the City. the designation of the open
space lot as Open Space (OS) on
the General Plan land use map.
Open Space & Utilize Best Management The project will conform to all
Conservation Practices for control of storm NPDES requirements and has
water and to protect water been designed in accordance
quality. with the City's Stormwater
regulations. It has been
conditioned to implement Best
Management Practices (BMP)
for water quality protection, to
comply with the City of
Carlsbad Standard Urban
Stormwater Mitigation Plan
(SUSMP), Order R9-2007-0001
issued by the San Diego Region
of the California Regional Water
Quality Control Board and with
the City of Carlsbad Municipal
Code.
COMPLY
Yes
Yes
Yes
Yes
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TABLE A -GENERAL PLAN COMPLIANCE CONTINUED
USE, CLASSIFICATION, PROPOSED USES & ELEMENT GOAL, OBJECTIVE OR IMPROVEMENTS PROGRAM
Noise Residential exterior noise An acoustical site assessment
standard of 60 dB(A) CNEL was prepared for the project.
and interior noise standard of According to the report, the
45 dB(A) CNEL. project site is impacted by
traffic noise originating from El
Fuerte Street. Mitigation in the
form of each of the future homes
will ensure that exterior rear
yard areas will not exceed the
residential noise standard
threshold of 60 dB(A) CNEL.
In addition, the project has been
conditioned to provide an
interior noise analysis prior to
the issuance of building permits
for the construction of all future
homes to ensure compliance
with the interior noise standard
of 45 dB(A) CNEL.
Circulation Require new development to No improvements to public
construct all roadways roadways will be required. The
needed to serve the project includes the construction
development. of onsite private driveways.
COMPLY
Yes
Yes
B. One-Family Residential (R•l) Zone and Open Space (OS) Zone (Chapters 21.10 and
21.33 of the Carlsbad Municipal Code)
The project site is presently zoned One-Family Residential (R-1) which is consistent with the
existing General Plan Land Use designation of RLM. The R-1 Zone is also consistent with the
existing R-1 zoned properties to the north, south, and east. The proposed Zone Change will
place the 1.56 acre Open Space lot into a permanent Open Space (OS) zoning designation. The
remaining portion of the lot, being developed with the single-family lots, will remain as R-1 on
the Zoning map.
The project complies with the applicable development standards of the R-1 zone in that each
residential lot is greater than the minimum 7,500 square feet required and lot widths are greater
than the minimum 60 feet required. Lots range in size from 10,764 square feet to 13,878 square
feet and range in width from 76 feet to 171 feet.
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C. Subdivision Map Act and the City of Carlsbad Subdivision Regulations (Title 20 of
the Carlsbad Municipal Code)
The Engineering Department has reviewed the proposed tentative tract map and has concluded
that the subdivision complies with all applicable requirements of the Subdivision Map Act and
the City's Subdivision Ordinance. All major subdivision design criteria have been complied
with and the project is conditioned to install infrastructure· improvements concurrent with
development. The developer will be required to offer various dedications ( e.g., 'drainage, public
utility) and will be responsible for a number of public and private improvements, including but
not limited to curbs, gutters, sidewalks, sewer facilities, drainage facilities, water line facilities,
fire hydrants, and street lights.
The project has been designed in accordance with the City's Stormwater regulations. It has been
conditioned to implement Best Management Practices (BMP) for water quality protection, to
comply with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), Order
R9-2007-0001 issued by the San Diego Region of the California Regional Water Quality Control
Board and with the City of Carlsbad Municipal Code.
D. Inclusionary Housing (Chapter 21.85 of the Carlsbad Municipal Code)
Since the application is proposing 7 dwelling units, Chapter 21.85 (lnclusionary Housing
Ordinance) requires that the project offset its impact on housing by providing 15% of the total
onsite residential units as affordable to lower income households. Satisfaction of the onsite
housing may also be satisfied through the purchase of an affordable housing credit in an existing
development. This project has been conditioned to purchase one Villa Loma housing credit in
lieu of providing affordable housing onsite as recommended by the Housing Policy Team.
E. Hil1side Development Regulations (Chapter 21.95 of the Carlsbad Municipal Code)
The proposed project involves development over sloping topography with an elevation grade
change greater than 15 feet and slopes equal to or greater than 15% gradient. Therefore, the
project is subject to the Hillside Development Regulations, Chapter 21. 95 of the Zoning
Ordinance. Hillside conditions of the project have been properly identified on the constraints
map, which show existing and proposed conditions and slope percentages. The project site
contains two areas of slopes over 40% inclination. These consist of manufactured 2: I slopes
along the El Fuerte Street frontage and along the south perimeter of the project site, which were
created as a result of road improvements for the development of El Fuerte Street and a previously
approved and graded pad. The site does not contain any natural slopes greater than 40%. The
entire 3. 91-acre site is therefore considered developable per the Hillside Ordinance.
The project includes grading over 1.78-acres of the 3.9-acre site. The proposed grading includes
an estimated 15,556 CY of cut and 2,960 cubic yards (CY) of fill resulting in 12,596 cubic yards
(CY) of export and a grading volume of 8,739 cubic yards per acre (CY/AC) which is identified
by the Hillside Development Regulations as being within the "potentially acceptable" range
(8,000-10,000 CY/ AC). The proposed export causes the project to fall into the potentially
acceptable range. The export is justified since it achieves a grading scheme which results in pad
elevations that are at the same grade elevations as El Fuerte Street. Keeping the lot pads at the
same elevation as El Fuerte Street minimizes the visual presence of the project. In addition, and
GPA 09-08/ZC 09-09/CT 04-13/HDP 04-06/HMP 09-10-EL FUERTE VIEW
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PAGE?
consistent with the Hillside Ordinance, the proposed lots are terraced and designed with split
pads to follow the existing topography; the project does not propose any manufactured slopes
exceeding 40 feet in height; and all manufactured slopes will be landscaped and screened in
accordance with the Hillside Development and Design Guidelines and also the City of
Carlsbad's Landscape Manual.
The project design and lot configuration minimizes the height of the pads relative to El Fuerte
Street. The development is clustered near the street to avoid onsite slopes and sensitive habitat
as much as possible, retaining walls are used to minimize the grading footprint and maximize
hillside and habitat preservation, and the proposed residences are designed to step with
topography and minimize grading impacts to the site.
F. Habitat Management Plan
The 3.91 acre site was erroneously identified as a hardline preserve area in the City of Carlsbad's
Habitat Management Plan. Section 20.1 of the HMP Implementing Agreement (IA) anticipates
that some text and mapping errors may occur and provides a process and criteria for correcting
these errors. The process involves a Minor Amendment to the HMP, requiring notification to all
signatories of the IA and their concurrence on three findings, detailed below:
I. The Minor Amendment shall not result in operations under the HMP that are
significantly different than those analyzed in connection with the HMP;
2. The Minor Amendment shall not result in any adverse effects on the environment that
are new or significantly different from those analyzed in the original HMP;
3. The Minor Amendment would not result in additional take not analyzed in connection
with the original HMP.
The site has been previously graded and left undeveloped and contains 1.58 acres of disturbed
land. The site is not part of a dedicated open space easement or preserve. The site has a General
Plan Land Use designation of Residential Low Medium (RLM) and a Zoning designation of One
Family Residential (R-1 ), none of which is consistent with an HMP hardline designation. Based
on previous consultation with the Wildlife Agencies, it was determined that the error in mapping
will be rectified as part of the citywide HMP mapping correction effort that the City is currently
undertaking.
The project design avoids and minimizes impacts to wildlife habitat and species of concern to the
maximum extent practicable. The residential development is clustered on the least
environmentally sensitive portion of the site. Mitigation measures have been included with the
project to address the interface between the proposed development and the existing habitat,
which includes fire management zones, erosion control, landscaping restrictions, fencing,
signage and lighting requirements, and predator and exotic species control, and sound rated
windows shall be included on elevations facing El Fuerte Street. In addition, prior to issuance of
a Grading Permit or clearing of any habitat, whichever occurs first, the Developer is conditioned
to select a conservation entity, prepare a Property Analysis Record (PAR), provide a non-wasting
endowment or other financial mechanism acceptable to the Planning Director and conservation
entity, record a Conservation Easement over the open space lot, and prepare a Preserve
Management Plan which will ensure adequate management of the open space lot(s) in perpetuity.
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G. Growth Management Ordinance (Chapter 21.90 of the Carlsbad Municipal Code)
and Zone 6 Local Facilities Management Plan
The proposed project is located within Local Facilities Management Zone 6 in the southeast
quadrant of the City. The project is subject to the provisions of the Growth Management
Ordinance, as contained in Chapter 21.90 of the Zoning Ordinance. The impacts on public
facilities created by the project, and its compliance with the adopted performance standards, are
summarized in Table B below.
TABLE B -GROWTH MANAGEMENT COMPLIANCE
IMPACTS
STANDARD COMPLIANCE
City Administration 24.34 sq. ft. Yes
Library 12.98 sq. ft. Yes
Waste Water Treatment 7EDU Yes
Parks 0.05 acre Yes
Drainage 11.1 CFS Yes
Circulation 70ADT Yes
Fire Station No. 6 Yes
Open Space 0.58 acres NIA
Schools Carlsbad Unified (E=l.84/M=.56/HS = .62) Yes
Sewer Collection System 7EDUs Yes
Water 3,850 GPD Yes
V. ENVIRONMENTAL REVIEW
Staff has conducted an environmental impact assessment to determine if the project could have a
potentially significant impact on the environment pursuant to CEQA Guidelines and the
Environmental Protection Ordinance (Title 19) of the Carlsbad Municipal Code. As a result of
said review, the initial study (EIA Part 2) identified potentially significant effects on the
environment, but mitigation measures, agreed to by the applicant, would avoid or mitigate the
effects to a point where no significant effect on the environment would occur, and there is no
substantial evidence in light of the whole record that the project as conditioned may have a
significant impact on the environment. A Mitigated Negative Declaration (MND) has been
prepared for the project.
The project site has been disturbed by previous development and grading. The adjacent
properties are developed with residential land uses and all the support utilities and infrastructure
has been constructed or has been conditioned to be constructed. Interior noise levels for the
future homes may exceed 45 dBA CNEL, therefore, a mitigation measure is included which
requires the applicant to submit a supplemental acoustical analysis prior to issuance of a building
permit to insure that the plans have been designed so that interior noise levels are mitigated to 45
dBA or less.
The project will affect a total of 1.33 acres of sensitive vegetation communities comprised of
0.31 acres of non-native grass land, 0.14 acres of coastal sage scrub, 0.59 acres of disturbed
coastal sage scrub, 0.11 acres of scrub oak chaparral, and 0.18 acres of disturbed scrub oak
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PAGE9
chaparral. A total of 1.56 acres will not be disturbed by project development. Mitigation has
been identified in the project Mitigation Monitoring and Reporting Program (MMRP).
In consideration of the foregoing, the Planning Director issued a notice of intent to adopt a
Mitigated Negative Declaration for the project on June 30, 2010. The notice was sent to the La
Costa Meadows Unit 3 Homeowners Association Architectural Review Committee, U.S. Fish
and Wildlife Service (USFWS), and California Department of Fish and Game (CDFG).
Comments were received from the La Costa Meadows Unit 3 Homeowners Association
Architectural Review Committee during the 20 day public review period which ended on July
20, 2010. A written response was provided to the La Costa Meadows Unit 3 Homeowners
Association Architectural Review Committee. Both the La Costa Meadows Unit 3 Homeowners
Association Architectural Review Committee comment letter and written response is included as
attachments.
ATTACHMENTS:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
Planning Commission Resolution No. 6669 (~4ND)
Planning Commission Resolution No. 6670 (GPA.)
Planning Commission Resolution No. 6671 (ZC)
Planning Commission Resolution No. 6672 (CT)
Planning Commission Resolution No. 6674 (HDP)
Planning Commission Resolution No. 6675 (HMP)
Location Map
Background Data Sheet
Local Facilities Impact Assessment Form
Disclosure Statement
Comment letter from La Costa Meadows Unit 3 Homeowners Association Architectural
Review Committee
Response letter to the La Costa Meadows Unit 3 Homeowners Association Architectural
Review Committee
Minor HMP Amendment approval by US Fish and Wildlife Service
Minor HMP Amendment approval by California Department of Fish and Game
Reduced Exhibit
Full Size Exhibit "A" dated August 4, 2010
SITE MAP
• N
NOT TO SCALE
El Fuerte View
GPA 09-08 / ZC 09-09 / CT 04-13
HDP 04-06 / HMP 09-10
BACKGROUND DATA SHEET
CASE NO: GP A 09-08/ZC 09-09/CT 04-13/HDP 04-06/HMP 09-10
CASE NAME: EL FUERTE VIEW
APPLICANT: Michael Schmidt and Nataliya Orlova
REQUEST AND LOCATION: Subdivision of 3.91 acres into 7 residential lots and one open
space lot generally located south of El Fuerte Street and north of Cacatua Street.
LEGAL DESCRIPTION: Lot 552 of La Costa Meadows Unit 3 in the City of Carlsbad,
County of San Diego, State of California, according to· Map thereof No. 7076, filed in the Office
of the County Recorder of San Diego County, October 16, 1971.
APN: 215-370-28-00 Acres: 3.91 Proposed No. of Lots/Units: 8 lots/7 SFR units
GENERAL PLAN AND ZONING
Existing Land Use Designation: ~R~L~M~--------------------
Proposed Land Use Designation: =R=L=M-=/--=O:..-=S'---------------------
Density Allowed: =--3 ·=2---'dC...Cu/""'a=c'-------
Existing Zone: =--R~-1~-------
Density Proposed: =--3=.2'------------
Proposed Zone: ~R~-1~/~O---'S _________ _
Surrounding Zoning, General Plan and Land Use:
Zoning General Plan Current Land Use
Site R-1 RLM Vacant
North R-1 RLM Single Family Detached
South R-1 RLM Single Family Detached
East R-1 RLM Single Family Detached
West OS/PC OS/RLM OS/SF Detached
LOCAL COASTAL PROGRAM
Coastal Zone: D Yes 0 No Local Coastal Program Segment: N~/ A-=--------
Within Appeal Jurisdiction: D Yes 0 No Coastal Development Permit: D Yes 0 No
Local Coastal Program Amendment: D Yes 0 No
Existing LCP Land Use Designation: NIA Proposed LCP Land Use Designation:N ~---'/A~--
Existing LCP Zone:N =--c....::/ Ac.=,_ ______ Proposed LCP Zone: N=--c....::/ Ac.=-_ _______ _
PUBLIC FACILITIES
School District: San Marcos Water District: Carlsbad Sewer District: Leucadia County
Equivalent Dwelling Units (Sewer Capacity): _7 ________________ _
Revised OJ /06
ENVIRONMENTAL IMPACT ASSESSMENT
D Categorical Exemption, ______________________ _
!ZI Mitigated Negative Declaration, issued c...;A=u:,;:,g=us=-=t_4ci.,-=2-=-0-"--10"-'.------------
D Certified Environmental Impact Report, dated ______________ _
D Other, ___________________________ _
Revised O I /06
CITY OF CARLSBAD
GROWTH MANAGEMENT PROGRAM
LOCAL FACILITIES IMPACTS ASSESSMENT FORM
PROJECT IDENTITY AND IMPACT ASSESSMENT:
FILE NAME AND NO: EL FUERTE VIEW -GPA 09-08/ZC 09-09/CT 04-13/HDP 04-
06/HMP 09-10
LOCAL FACILITY MANAGEMENT ZONE: § GENERAL PLAN: ~RL_M _____ _
ZONING: R-1 ~---------------------------
DEVELOPER'S NAME: Michael Schmidt and Nataliya Orlova
ADDRESS: 13617 Valero Street, #C, Van Nuys, CA 91405
PHONE NO.: 310-699-5122 ASSESSOR'S PARCEL NO.: 215-370-28-00 =~~~-------
QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 3.91 acres/7 SFR
A. City Administrative Facilities: Demand in Square Footage = 24.34
B. Library: Demand in Square Footage = 12.98
C. Wastewater Treatment Capacity 7EDU
D. Park: Demand in Acreage = 0.05
E. Drainage: Demand in CFS = 11.1
Identify Drainage Basin = D
F. Circulation: Demand in ADT = 70
G. Fire: Served by Fire Station No. = 6
H. Open Space: Acreage Provided = 1.56
I. Schools: Elementary 1.84
Middle 0.56
High .62
J. Sewer: Demands in EDU 7
Identify Sub Basin = LCWD
K. Water: Demand in GPD = 3 850
L. The project is 0.02 units above the Growth Management Dwelling unit allowance.
~-«{l)'f;,
~ ClTY Of'
DISCLOSURE
STATEMENT
P--1(A)
De11,;lcm11J.£Dt ~er,J(iff~
Planning Department
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov CARLSBAD
Applicant's statement or disclosure of certain ownership interests on all applications which will
require discretionary action on the part of the City Council or any appointed Board, Commission
or Commtttee.
The following infonnation MY§! be disclosed at the time of application submittal. Your project
cannot be reviewed until ttlis information is completed. Plea~ print.
1.
2.
P-1(A)
APPLICANT {Not the applicant's agent)
Provide the COMPLETE, LEGAL names and addresses of Abb persons having a
financial interest in the application. If the applicant includes a corporation or partnership.
include the names, titles, addresses of all individuals owning more than 10% of the
shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE
INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiely~owned
corporation, include the names, titles. and addresses of the corporate officers. (A
separate e may be attached if necessary.)
Person -rJ f/t,' (J}fdpvq Corp/Part. ________ _
Title • Title. ____________ _
Address ' 7-~() -~ Address. _________ _
°""1 ~ 9· If~ OWNER (Not the o~er's agent)
Provide the COMPLETE. LEGAL names and addresses of ALL persons having any
ownership interest in the property involved. Also, provide the nature of the legal
ownership (i.e., partnership, tenants. in common, non-profit, corporation, etc.). If the
ownership includes a corporation or partnership. include the names, titles, addresses of
all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE
THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (NIA) IN THE
SPACE BELOW. If a publicly-owned corporation, include the names, titles, end
addresses of the corporate officers. (A separate page may be attached if necessary.)
Person (v'a_A,q&q.c, tJRJ}f/Q_ Corp/Part _______ _
Title CJW~ Title -------------
Address I !Ji /f VP~ip .~{?Address
~ ;V~ f;IJ-9/ltt9J~ -----
3. NON..PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust.
list the names and addresses of ANY person serving as an officer or director of the non-
profit organiz~tion or as trustee or beneficiary of the.
Non Profit/Trust_________ Non Proflt/Trust, ________ _
Title_____________ Title ____________ _
Address _________ ~ Address. ___________ _
4. Have you had more than $500 worth of business transacted with any member of City
staff, Boards, Commissions. Committees and/or Council within the past twetve (12)
months?
D Yes D No lfyes,'please indicate person(s): _________ _
NOTE: Attach additional sh~s if necessary.
I certify that all he above information is true and correct to the best o
Sign
Na,fa&~~ 0£d>l/4
Print or type me of owner rl~tr' &e/b¢L
Print or type nme of applicant
Signature of owner/applicant's agent if applicable/date
Print or type name of owner/applicant's agent
P-1(A) Revtse<I 04109
LA COSTA MEADOWS UNIT NO. 3
HOMEOWNERS ASSOCIATION
2848 Cacatua Street
Carlsbad, CA 92009
(760) 918-0180
RECEIVED
JUL 12 2010
June 12, 2010
CITY OF.CARLSBAD
Christer Westman PLANNING DEPT
City of Carlsbad Planning Department
.. 1635 Faraday Avenue
Carlsbad, CA 92008-7314
Re: Case Name: El Fuerte View
Architectural Committee:
James Bradley
Anne Estes
Robert Lattin
Case No: GPA 09-O8/CT 04-13/PUD 04-11/HDP 04-06/HMP 09-10
Project Location: El Fuerte Street between Chorlito St. and Cacatua Sl
Dear Mr. Westman:
In response to the Mitigated Negative Declaration, we request that the City
of Carlsbad Planning Commission not proceed with the review and/or approval of
the above noted project until the following conditions are met:
1. APPROVAL BY THE ARCHITECTURAL COMMITTEE OF LA
COSTA MEADOWS UNIT NO. 3.
· The proposed project is in violation of the Covenants, Conditions and
Restrictions (CCR's) on the title of the property. The owners of the property are
required to furnish the appropriate documents along with certain fees to the
Architectural Committee of La Costa Meadows Unit No. 3., to be reviewed and
approved. The owners are aware of this requirement. They have been provided
with copies of the CCR's and the Architectural Committee has met with and
explained these requirements with the owners. At our suggestion on April 5,
2010 the owners reconfigured the design and put the lots at street level.
However, in utter disregard of our request, the owners increased the number of
lots from 6 to 7. The owners have apparently chosen to ignore the Architectural
Committee. This MND and the plans provided is not a presentation to the .
Architectural Committee. Therefore the Architectural Committee of La Costa Unit
#3 does not approve this project.
• 2. VIOLATION OF THE HABITAT MANAGEMENT PLAN.
The proposed project is in violation of the Habitat Management Plan of the
City. According to the Habitat Management Plan the proposed project is in a
hardline preserve area where no building is allowed. The Planning Department
has indicated that this designation was in error and wants to correct this error by
Christer Westman June 12, 2010 Page·2
use of a minor amendment per section 20.1 of the HMP Implementation
Agreement. According to Section 20.1 of the HMP Implementing Agreement a
minor amendment proposal must be provided to all parties which would included
City Council of Carlsbad, the California Fish and Game, and the U.S. Fish and
Wildlife Service. According this section, "proposed modifications will become
effective upon all other parties' written approval". It is our understanding there is·
no written approval from any of the parties.
According to Section 20.1 of the HMP Implementing Agreement "If, for any
reason, a receiving party objects to a proposed minor amendment, it must be •
processed as a major amendment". In a letter dated October 6, 2009, the United
. States Department of the Interior Fish and Wildlife Service stated: "As we stated
in our previous comments, and HMP minor amendment/equivalency finding
would not be appropriate for this project because no equal amount of habitat is
proposed to be added to the HMP preserve".
The Planning Department should not submit this project to the Planning
Commission until a minor amendment or a major amendment to the HMP is
approved in writing by all parties to the Habitat Management Plan. The Planning
Commission should also obtain a legal opinion as to whether the Planning
Commission can approve on behalf of the City any amendments to the HMP.
3. NEW REVIEW OF BIOLOGICAL RESOURCES
In 2005 the owner's biologist found 6 pair of the California Gnatcatchers
on the property. Since that time, the property owners surrounding the property
continue to see each year a number California Gnatcatchers on the property.
Disruption of this property will clearly impact the nesting habits of the California
Gnatcatcher. A further study by an independent biologist should be made
reviewing the impact of this project on the California Gnatcatcher before this
property is removed from the Hard line Reserve category of the Habitat
Management Plan.
The Planning Department may be unaware of the rocks located on the
property that have shells and other marine life imbedded in them. These rocks
could possibly indicate that the ocean was at this location millions of years ago.
Before this site is destroyed, the Planning Department should require the
appropriate geologist examine these rocks. Photos of the rocks were provided in
our 2006 comments on the MND. New photos will be provided upon request.
4. INDEPENDENT REVIEW OF SLOPE STABILITY AND BOND
REQUIREMENT.
Slope stability appears to be a major problem addressed in the Vinje &
Middleton Engineering, Inc., Geotechnical Update and Grading Plan Review.
Report dated June 8, 2009. Such statements as "areas of potential shallow
slope instability are recognized on the project" and "Surface slumping and slope
Christer Westman June 12, 2010 Page 3
creep movement is apparent which could impact developed properties" are a
concern to surrounding residents. Rich Wong, a geologist in the area, is also
concerned about the slope stability. He said, "The proposed 12-ft high crib wall
along the southern portion of the development will require a steep, temporary cut
slope to allow for the construction of the wall. This steep excavation could affect
the stability of the slope located beneath the homes located on the north side of
Cacatua Street." Large equipment and estimates of from 700 to 1000 dirt trucks
on the property could undermine the slope. The City of Carlsbad is also
concerned about the possibility of undermining the existing residences and it has
called for additional independent review before the grading permit is issued. This
independent review should be made prior to the Planning Commission approving
this project. To protect the surrounding developed properties, a bond should be
provided by the developer to pay for any damage done by the grading.
5. AESTHETICS: PRESOLD REQUIREMENT BEFORE ISSUING
GRADING PERMIT
At our April 5, 2010 meeting, the owners of the property indicated their
plan was to grade the property into the 7 lots and then sell each of the lots. As
the real estate market is questionable at this time, there would be a good chance
that the property would be graded and then would sit for a number of years in a
half completed state. This would be potentially dangerous, an eyesore and
reduce property values in the surrounding neighborhood. The planning
department should require that a number of the lots be sold prior to issuing a
grading permit.
• Reference is made to our previous letters of concerns dated March 24,
2006 and April 5, 2010 related to the Mitigated Negative Declaration. Even
though the project was changed, a number of our concerns, at that time, still
apply and have not been reiterated here.
Sincerely,
. ~) • r .
, // ·j/"
/ t.;;,T
(/ Jam Rob
Cc: Don Neu/
Janet Stuckrath, US Fish and Wildlife Service·
Libby Lucas, California Department of Fish and Game
(1~ CITY OF
~ CARLSBAD
Planning Division
August 16, 2010
Robert Lattin
La Costa Meadows Unit No.3 Homeowners Association
2848 Cacatua Street
Carlsbad CA 92009
RE: GPA 09-08/ZC 09-09/CT 04-13/HDP 04-06/HMP 09-10 -El Fuerte View
Dear Mr. Lattin:
www.carlsbadca.gov
Thank you for your comment letter dated June 12, 2010 in response to the Notice of Intent to Adopt
a Mitigated Negative Declaration for the El Fuerte View project. Following are responses to your
comments. The Architectural Review Committee's comments and these responses will become a
part of the public record that will be presented to the Planning Commission for their consideration.
1. Approval by the La Costa Meadows Unit No. 3 Architectural Review Committee
The City is not in the position to enforce CC&Rs with the exception of articles which have been
incorporated into the CC&Rs as a condition of the City's approval and are explicitly stated to be
subject to the City's authority. The formation of the Architectural Review Committee and their
charge according to the CC&Rs was ·not a condition of approval imposed by the City and is therefore
not subject to the City's authority.
2. Violation of the Habitat Management Plan
As stated on numerous occasions, the El Fuerte View property was erroneously mapped as an
"existing hardline preserve" in the Habitat Management Plan. The City has coordinated with both
the USFWS and the CDFG on a Minor Amendment to rectify the site mapping designation.
3. New review of biological resources
Biological resources surveys were conducted and reports submitted in June 2003, May 2004, March
2005, January 2006, and May 2009. None of the surveys indicate that California gnatcatchers are
present onsite. Conversely, the reports do state that there is coastal sage scrub onsite, but, that it is
of a quality and concentration that it would not likely be occupied by the California gnatcatcher.
The reference to rocks onsite that have shells and other marine life imbedded in them suggests that
the property may have a significant paleontological value. However the soils types identified in the
soils report for the site are existing fill and soil slump debris which are not consistent with those
typically containing significant paleontological resources.
1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559
Air Quality: The comments did not relate to air quality but referred to the Habitat Management Plan
In-Lieu Fee, the visual quality of the project, and project grading which have been addressed above.
Biological Resources: The comments focus on the status of the erroneous "existing hardline"
mapping. The same comments are found in the June 12, 2010 letter and are addressed above.
Geology & Soils: The comments refer to the project's original grading design which included the
creation of 1.5: 1 slopes. The redesigned project does not include the creation of new 1.5:1 slopes.
Final design of the site grading will consider all of the technical aspects of grading methodology
proposed for the specific soils types found onsite.
Hazards and Hazardous Materials: The comment refers to wildfire interface. The project includes
the City's standard 60 foot , three fire suppression zone plan. The maintenance of the tire
suppression zones is the responsibility of the individual private property owners for that portion of the
zon~ that is within each homeowner's lot and the of the homeowners association for those portions
of the zones that are within the commonly held open space lot. The plan has been reviewed by the
City of Carlsbad Fire Prevention Division and found to be acceptable.
Land Use and Planning: The comments refer to the status of the erroneous "existing hardline"
mapping. The same comments are found in the June 12, 2010 letter and are addressed above.
In addition, the property has a General Plan land use designation of Residential Low Medium which
allows for residential development at a density of 3.2 dwelling units per acre. The property is zoned
R-1 which anticipates single family detached residential development. Development of the property
with single family residential is consistent with the General Plan, Zoning Ordinance and with the
surrounding existing neighborhoods· which are also single family residential.
Noise: The comment refers to noise_ impacting the project that is generated by vehicular movement
on El Fuerte Street. The project will be subject to noise generated along El Fuerte Street. The
City's noise guidelines require that noise at the backyard is mitigated to no more than 60db CNEL.
This mitigation will-be achieved by the homes themselves since they are located between the noise
source and the backyard.
Transportationrrraffic: The comments refer to the proposal of a private street. The project has been
redesigned and no longer includes a private street.
Your letters dated August 24, 2006, April 5, 2010 and June 12, 2010 and this letter of response will
be included in the public record for the Planning Commission's consideration.
CHRISTER WESTMAN, AICP
Senior Planner
c: Don Neu, Planning Director
Chris DeCerbo, Principal Planner
Glen Van Peski, Senior Civil Engineer
Clyde Wickham, Associate Engineer
Christer Westman
From:
Sent:
To:
Elizabeth Lucas [ELucas@dfg.ca.gov]
Monday, August 23, 2010 11:34 AM
Christer Westman
Cc:
Subject:
Mike Grim; Janet_Stuckrath@fws.gov
El Fuerte View HMP Minor Amendment
Christer,
Assuming that the USFWS' understanding reflected in Janet's email below is correct, the
Department too concurs with your request to process a Minor Amendment for El Fuerte View
based on Section 20.1(2) of the City's HMP.
Thank you.
Libby Lucas
Staff Environmental Scientist
NCCP Program
California Department of Fish and Game
4949 Viewridge Avenue
San Diego CA 92123
Phone: 858 467-4230
Fax: 858 467-4299
e-mail: ELucas@dfg.ca.gov
Starting August 1, 2010, per Governor Schwarzenegger's Executive Order S-12-10, this office
will be closed on the second, third, and fourth Fridays of each month.
-----Original Message-----
From: Janet_Stuckrath@fws.gov [mailto:Janet_Stuckrath@fws.gov]
Sent: Thursday, August 12, 2010 4:05 PM
To: Christer Westman
Cc: David_Zoutendyk@fws.gov; ELucas@dfg.ca.gov; Mike Grim
Subject: El Fuerte View HMP Minor Amendment
FWS-SDG-06B0013-10TA0891
Christer,
Following our review of the additional information you provided to us via electronic mail on
July 16, 2010, the Service concurs with your request to process a Minor Amendment based on
Section 20.1(2) of the City's HMP. Our concurrence is based on our understanding that the
City is in the process of a City-wide mapping correction to address errors in mapping that
occurred at the time the HMP was approved. It is our expectation that the removal of 2.35
acres of the El Fuerte View property that was erroneously designated as Hardline Preserve
will be balanced with the addition of other lands elsewhere in the City. We expect the City
to ensure no-net-loss of overall preserve as a result of the mapping correction process.
Janet Stuckrath
U.S. Fish and Wildlife Service
(760) 431-9440 ext. 270
(760) 431-5902 (fax)
1
Christer Westman
From:
Sent:
To:
Cc:
Subject:
Janet_Stuckrath@fws.gov
Thursday, August 12, 2010 4:05 PM
Christer Westman
David_Zoutendyk@fws.gov; ELucas@dfg.ca.gov; Mike Grim
El Fuerte View HMP Minor Amendment
FWS-SDG-0680013-10TA0891
Christer,
Following our review of the additional information you provided to us via electronic mail on
July 16, 2010, the Service concurs with your request to process a Minor Amendment based on
Section 20.1(2) of the City's HMP. Our concurrence is based on our understanding that the
City is in the process of a City-wide mapping correction to address errors in mapping that
occurred at the time the HMP was approved. It is our expectation that the removal of 2.35
acres of the El Fuerte View property that was erroneously designated as Hardline Preserve
will be balanced with the addition of other lands elsewhere in the City. We expect the City
to ensure no-net-loss of overall preserve as a result of the mapping correction process.
Janet Stuckrath
U.S. Fish and Wildlife Service
(760) 431-9440 ext. 270
(760) 431-5902 (fax)
1
VICINITY MAP ~
TENTATIVE MAP -EL FUERTE VIEW
LEGAL DESCRIPTION (DEED= 2004-1027164)
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