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HomeMy WebLinkAboutCT 02-17; Shelley Property; Tentative Map (CT)Van Lynch From: Sent: To: Cc: Subject: Attachments: Follow Up Flag: Flag Status: Hello: Mike Grim Friday, September 13, 2013 9:10AM Dossey, Rodrick K Jack Hepworth; Chuck DuVivier; nick@jwhalen.net; Jim Whalen; rchavez@urbancorps.org; ymaeder@urbancorps.org; Ty Sterns; Van Lynch RE: Revised PMP FOV_finai_HMP duv 8-30-13_submitted.pdf-Adobe Acrobat.pdf Follow up Flagged The city's Environmental Management division has reviewed the attached Preserve Management Plan (PMP) for the Fair Oaks Valley preserve, dated August 2013 and received September 6, 2013, and accepts the document. There are still concerns about controlling public access along the future roadway on the preserve's western boundary and City staff highly recommends that some fencing be provided. We will defer to the preserve manager, property owner, developer, and/or future HOA to address these concerns such that unauthorized entry to the preserve and any associated habitat impacts are controlled. The lack of perimeter fencing along the roadway in the final PMP and PAR does not absolve the preserve manager from responsibility for access control into the preserve. Thanks, Mike ~" ~CITY OF CARLSBAD Property & Environtm!ntal Management Mike Grim, Senior Planner City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 www.carlsbadca.gov P: 760-602-4623 F: 760-602-8562 mike.grim@carlsbadca.gov Please consider the environment before printing this e-mail. itt/G£b Ot/f}.sfoB • FILE COPY City of Carlsbad January 24, 2008 Virginia Perkins 3451 Bumann Rd Encinitas CA 92024-5716 RE: CT 05-17 -SHELLEY PROPERTY Dear Ms Perkins: IQEJ,JIJI,J~i•X§.fiiiii•i§IIM Please find enclosed a copy of Sheet 10 of the draft Final Map for the Shelley Property, CT 05-17. I have highlighted in yellow the offer of dedication of a sewer easement to the Leucadia Wastewater District. Also enclosed is a copy of the approved tentative map exhibit which depicts the layout of the subdivision. If you have any questions, please feel free to call me at (760) 602-4613, or the City Project Engineer, Clyde Wickham at (760) 602-2742. · Sincerely, ~~ Senior Planner VL:sm Enclosures c: Clyde Wickham File Copy 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us (!} January 15, 2008 Bob Ladwig Ladwig Design Group 2234 Faraday Av Carlsbad CA 92008 • City of e Mo.ild Carlsbad l@fUUUUt~i·X4·F'I''·'4·'' SUBJECT: CT 02-17x1/HDP 02-08x1/HMPP 05-04x1-SHELLEY PROPERTY The preliminary staff report for the above referenced project will be sent to you via email on Wednesday, January 23, 2008. This preliminary report will be discussed by staff at the Development Coordinating Committee (DCC) meeting which will be held on January 28, 2008. A twenty (20) minute appointment has been set aside for you at 9:00. If you have any questions concerning your project you should attend the DCC meeting. It is necessary that you bring your required unmounted colored exhibit(s) with you to this meeting in order for your project to go forward to the Planning Commission. Your colored exhibits must be submitted at this time to ensure· review by the Planning Commission at their briefings. If the colored exhibits are not available for their review, your project could be rescheduled to a later time. If you do not plan to attend this meeting, please make arrangements to have your colored exhibit(s) here by the scheduled time above. If you need additional information concerning this matter, please contact your Planner, Van Lynch at (760) 602-4613. DON NEU Planning Director DN:VL:bd c: File Copy Clyde Wickham, Project Engineer Chuck DuVivier, Fair Oaks Valley LLC, Box 230638, Encinitas CA 92023 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @ -------------___ _j October 31, 2007 Marci L. Koski, M.S., Ph.D. Fish and Wildlife Biologist U.S. Fish & Wildlife Service Carlsbad Fish and Wildlife Office 6010 Hidden Valley Road Carlsbad, CA 9201 1 Dear Marci, Fair Oaks Valley, LLC holds a valid Permit(# 200601 1 66-SMJ) from the U.S. Army Corps of Engineers to extend a sewer line across the low-lying drainage swale on the south edge of our property in Carlsbad. Leucadia Wastewater District has approved extending the sewer line across the drainage swale (about 15 feet wide) to a new manhole, 60 feet from the existing offsite manhole. We are building this line now to avoid having to reapply for a new permit in the case that our existing one would expire before we start the work on the entire project. Our permit has two special conditions: 1. To mark the limits of the workspace. 2. To notify U.S. Fish and Wildlife Service of our anticipated project initiation and completion dates. The purpose of this letter is to notify you that we plan to begin the project on November 1, 2007 and complete it about November 9, 2007. We are also enclosing photos that show that the limit of the workspace has been flagged before work commences. Please call or e-mail us if you have any questions or concerns. Chuck & Kate DuVivier Fair Oaks Valley, LLC Box 230638 Encinitas, CA 92023 858-756-5646 RECEIVED OCT 3 1 2007 CITY OF CARLSBAD PLANNING DEPT ! ;··. "-"' REPI.YTO ATTENTION OF: Office of the Chief Regulatory Branch DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS SAN DIEGO FIELD OFFICE 16885 WEST BERNARDO DRIVE, SUITE 300A SAN DIEGO, CALIFORNIA 92127 September 14, 2006 DEPARTMENT OF THE ARMY NATIONWIDE PERMIT AUTHORIZATION Fair Oaks Valley, LLC Attention: Charles Duvivier P.O. Box 230638 Encinitas, California 92023 Dear Mr. Duvivier: This is in reply to your letter (No. 200601166-SMJ) dated April18, 2006, concerning our ·permit authority under Section 404 of the Clean Water Act of 1972 (33 U.S.C.1344) over your proposal to construct a sewer line crossing of an unnamed tributary to Encinitas Creek. The constructions would include a sewer line and access road to be able to connect to an existing sewer system on the other side of the creek. The impacts total less than 0.1 acre of Waters of the U.S. in an unnamed tributary to the Encinitas Creek in CaJ;"lsbad, San Diego County, California. The Corps of Engineers has determined your proposed activity complies with the terms and conditions of NW12-Utility Line Activities. Furthermore, you must comply with the following non-discretionary Special Conditions: Special Conditions: 1. The Permittee shall clearly mark the limits of the workspace with flagging or similar means to ensure mechanized equipment does not enter preserved waters of the U.S. and riparian wetland/habitat areas. Adverse impacts to waters of the U.S. beyond the Corps-approved construction footprint are not authorized. Such impacts could result in permit suspension and revocation, administrative, civil or criminal penalties, and/or substantial, additional, compen5atory mitigation requirements 2. The Fish and Wildlife Service reviewed the City of Carlsbad's consistency determination for the Fair Oaks Valley project and concurred with the City's determination that the project meets the standards of their Habitat Management Plan (HMP)~ In doing so, the project's impacts to ·.·.;: . . ~· -2- ... fish and wildlife are covered under section 10 of the Endangered Species Act, and no further consultation between the Army Corps of Engineers and the Fish and Wildlife Service is necessary. 2. Prior to initiation of project construction, the Permittee shall notify the U.S. Fish and Wildlife Service in writing of the intended project initiation date and anticipated duration of the construction period. The notification shall include verification of compliance with special condition 1 above. · · This letter of verification is valid through March 19, 2007. All nationwide permits expire on Mard;t ~9, 2007. If you either contract the work or begin construction on or before March 19, 2007you will have an additional12 months to complete the activity under the attached nationwide permit terms and conditions. If the work is not under construction or contract by March 19,2007 the work will be subject to regulations in effect at the time when you re-apply for a permit. It is incumbent upon you to remain informed of changes to the nationwide permits. If the Corps of Engineers modifies, reissues, or revokes any nationwide permit at an earlier date, we will issue a public notice announcing the changes. A nationwide permit does not grant any property rights or exclusive privileges. Also, it does not authorize any injury to the property or rights of others or authorize interference with any existing or proposed Federal project. Furthermore, it does not obviate the need to obtain other Federal, state, or local authorizations required by law. Thank you .for participating in our regulatory program. If you have any questions, please contact Stacey Marie Jensen of my staff at (858) 674-7641. · Enclosure .· Sincerely, ~Sth4~~~ Senior Project Manager South Coast Section Regulatory Branch -3- LOS ANGELES DISTRICT U.S. ARMY CORPS OF ENGINEERS CERTIFICATION OF COMPUANCE WITH DEPARTMENT OF THE ARMY NATIONWIDE PERMIT •,, ; • Permit Number: 200601166-SMJ • • Name of Permittee: Fair Oaks Valley, LLC Date of Issuance: Septe~ber14,2006 Upon co~pletion of the activity authorized by this permit and any ritigation required by the permit, sign this certification and return it to the following address: U.S Anny Corps of Engineers Regulatory Branch A ITN: CESPL-CO-R-200601166-SMJ 16885 West Bernardo Drive San Diego, California 92127 Please note that your permitted activity is subject to a compliance inspection by an Anny Corps of Engineers representative. If you fail to co~ ply with this nationwide permit you ~ay be subject to permit suspension, ~odification, or revocation procedures as contained in 33 CFR 330.5 or enforce~ent p·rocedures such as those contained in 33 CFR 326.4 and 326.5. I hereby certify that the work authorized by the above referenced permit has been co~pleted in accordance with the terms and conditions of the said permit, and required ritigation was co~pleted in accordance with the permit condition(s). Signature of Permittee Date tlWIA. W41iR, tTORN OIWN CONITIWCTION IIQUIPMINT AIWTAI.4 CHUCK DUVIV~R 'FATR. OAKS VALLEY, LLC P.O. BOX 230638 F.l\Cll\'lT AS, CA 92023 Eott Jtu&harb 4!Dntrading GI.o. Englnterin'l Contreotor License No. 172638A Yard and OHice-10115-.., Unda Vista Dr. San Marcos. Cllifornla Q2078-2613 TEL: (750) 738-3241 FAX; (780) 736-3248 MAR.t"H IS, 2007 RE: SEWER IXTENSlON-EN'CINJT . .\s CHt:CK, V."E ~PLJ:AS.EO TO PROVIDE YOU THE 'FOLLOWING .ESTlMA 1'E ON TI!U ABOVE JOB: SEWER· 1 LS. MOtU.LlZATIO~ . 1 LS. ORANGE PEJ~.;CF.l'.lllUMETER OF WORK AREA 1 EA. COSNCCT t'O J.iXIS'IlNG MANHOl.J~ 190 LF. 8" S.ORJ.S SilWER MAr.'lr TNSl'A.LJ..ATION 1 nA. 4' SEWEll MANU OLE with S' STUB &. PLUO 1 LS. A1R TEST, WA~ BALL CLEA1\1NO & Tlll.EV1SlON INSPECTION TOTAL S 33,950.00 N'OTES; I PRK'F. FXC'l l Jpt:.c; ALL PbRMITI\ AND Fl!fiS, BONIJS. 'I RAI-"FIC: CONTROL. COMPACTION TESTS, CONS I RUC'TION WATER COS~. F.NOINEERII\Ci, ASU SURVF.VISO. J. I'"JC~ I;;Xt'ttm:s ('l..EARlNC II. (iR.UBRI~O. DEWATGRINO. EROSION CONTKOL. CIRAOINO. A.'\'0 TIIO Kl.:l\tJOVAI. A"'D REPLA('l\MENTCJf GxlSl'INO !\URVt:Y MONl.JML:.VfS, LANDSC'I\I"INQ, /\NO IKRIOATIO~. J AIW Sl:OSl:RfACI:. 013.--TRl:t'TION~ OR Ul'ILITY C"ONF!...IC"TS WILL 81.1 CC>SSIDFRSO 1\ CHA~Q!o! II\ '11-11\ SC'OI'H Of WORK /\!Ill> WILL 81.! JWIC)I.VF.D ON A I.lli61: & MA'(EBIAl MSIS, . 4 liXC'HSS MATERIAL TO 1:11:: SJJRfiAD ON·SITE:. DISPOSAL AND SXPORTINO 01-MA TF.AIAL Jl:(C'I.J.I..f2.ru2. '· TRENCH SPOIL ASSUNED TO 80 USI::O IN A.._CKFILL A~D C"UMPACTION OVGR 'IHJ:: PIPF. ZONE WITHOUT SC"IUil~I:'\G, TRF.ATMENT, OR R~J.AC'F.MF.'4T. I~PORnl\O Ol' l'R.ENC'H IJAC'KFILL MA'T~RIAL EACLtJ..wm. (1, £X('AVA TIO~ EQUirMGNT ANI) MATBRIAL WILL DU S'l'OKIII) ON.SJTE. 7. ANV GROUND I HA'r WE OETERMIN!l TO ijt; lJNPIOQABL~ WITH A C' .... SE 590 DACKHOE WILl. HF CONSIDERI!D ROCK ANn RF.MOVED, R.EI'I..A('flll AJI.I) DISPOSED OF 0~ A TIM!; AND MATF,RIAL..e.M.l£. 8. PIUC!l fiX('Lllpf .. , F.NVIRONMI!I\'TAL MITIClATION COSTS. PIN£1.41. <JR PENAL TIES. • 9 PN.It'i:! [l:XC!!IQES TI:STINCi. Jli!MO\' AI.. 1\NO DISPOSAL OF H.-'7.AJ\DOUS OR. CONTAMINATED~,\ TCftlAL 10. IF IJR.OUNOWATI:!R OR tNSTAOlti QKOUND IS F.NC'OUN'Ii!IU!O THAT REQUIRES SPI!C'IAL !IHORINO i SHEETl~C ANO.'t>R PUMI'INO, 'I'HJS WILi.llS CONSUJI$RF.D A C'HA~OE IN SCOt'!:: AND ALL RELATI!O WC)R~ WIU.. DE RESOLVGO '' l ADDITIONI\L ('01(1". IJ:UlABOVE e&!C't;!S BASGD ON AJS UNAPpROVED PLA~ MID IS SUBJECT TO REVIEW AND REVISION !.tPC»S BECP.JllQ.f dfPROVEQ PLANS IF you PREfER THIS JOB CAN BE PBRfOR\1fiD ON AT!Mp 1£ MATBBIAL BASIS. WE LOOK FORWARD TO WORKING WITII YOU ON THTS PROJJ.:C.T. A~Y QUES110NS RF.OA'R.DING 'l'HlS BID, Pt.EASE DON'T HESITA ASON HL"BBAR.D, P.E. s.ENJO.R ENGIN'F.F.I~ H IDF:n~kiSwr.doc ''--'·'~rt" .t ·) r : •' . JF YOU l!A VE Ladwig Design Grou p, Inc. July 13, 2007 Clyde Wickham City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 RE: REQUEST FOR TENTATIVE MAP EXTENSION FOR THE SHELLEY PROPERTY [CT 02-17] (LADWIG JOB NO. L-1005) Dear Clyde: Enclosed is our completed application for tentative map extension for the Shelley property. The items that I've attached are as follows: 1. We've completed and had the owner sign the tentative map extension application. The reasons that we are requesting a one year time extension for this tentative map and the accompanying hillside development permit 02-08 and habitat management plan permit 05-04 is as follows: • The client's engineer is working on the third plan check of the final plans for the project. • We have received the normal bonding letter prepared by the City for the project. • The landscape plans have been through the second plan check and they will be ready for the third plan check soon. • The project is within the service area of the Olivenhein Municipal Water District. Two plan checks have been provided by the District. 2234Faraday Avenue+ Carlsbad, Califor nia92008 (760) 438-3182 + FAX(760) 438-0173 + Emailldg@dwilso neng.com Clyde Wickham July 13, 2007 Page 2 • Sewer service for this project is provided by Leucadia Wastewater District. They have completed their plan checks and are ready for final signature. • The City planning staff has reviewed the habitat management report. The project biologist is now preparing the habitat management plan. • The client has talked to the Escondido Creek Conservancy about managing the open space for the project. Only a small portion of the property is within their watershed and the conservancy is now considering whether they would be willing to include this property for perpetual management. In summary the major hurdle at this point now is obtaining Agency and City approval along with the conservancy approval of the management of the 55+ acres of open space within the Shelley property. Above are the reasons that we feel we have diligently been pursuing the final map and that we also need more time to complete the processes defined above. 2. We've included nine copies of the project's conditions of approval. [This project is outside of the limits of the Carlsbad Municipal Water District]. 3. We've provided nine copies of the approved tentative map. [This project is outside the service area of the Carlsbad Municipal Water District]. 4. We've included a property owner's list and two sets of mailing labels plus the postage fee. 5. We've attached a 600' radius map for the project. 6. We've included one copy of a current title report for the property. 7. We've attached a completed Environmental Impact Assessment form Part 1 [we were told by the staff at the counter that we should not include the processing fee for the EIA. If staff later determines that that is needed, we will then provide the fee]. 8. We've included the tentative map processing fee which includes the postage fee (TM Fee= $2490 plus 84labels times 2 times $0.41 = $68.88) for a total of $2558.88. 2234Faraday Avenue+ Carlsbad, California 92008 (760)438-3182 + FAX(760)438 -0173 + Emailldg@dwilso neng.com Clyde Wickham July 13, 2007 Page 3 We ask that you accept our application for an extension of time for the Shelley property. If you have any questions, or need additional information please get in touch. We also look forward to staff advising us when this can appear before the Planning Commission for tentative map extension. Sincerely, LADWIG DESIGN GROUP, INC. Robert C. Ladwig, President RCL:ssr enclosures cc: Chuck DuVivier (w/ enclosure) Van Lynch 2234Faraday Avenue+ Carlsbad, Califor nia92008 (760)438-3182 + FAX(760)438 -0173 + Emailldg@dwilso neng.com United States Department of the Interior In Reply Refer To: FWS-SDG-3869.4 Mr. Mark Durham Chief, South Coast Section FISH AND WIT..,DLIFE SERVICE Ecological Services Carlsbad Fish and Wildlife Office 6010 Hidden Valley Road Carlsbad, California 92011 U.S. Army Corps of Engineers, Los Angeles District Regulatory Branch-San Diego Field Office 16885 West Bernardo Drive, Suite 300A San Diego, California 92127 Subject: Section 7 Consultation for the Fair Oaks Valley (Shelly) Project, Carlsbad, California (200601166-SMJ) Dear Mr. Durham: The U.S. Fish and Wildlife Service (Service) has reviewed the development plans for the Fair Oaks Valley Project in Carlsbad and finds that the project has met all of the criteria necessary to be in compliance with the Carlsbad Habitat Management Plan (HMP). As a result, any impacts to federally listed species will be authorized by the City through the Carlsbad HMP, and no further consultation between our agencies is necessary. While compliance with the HMP has been demonstrated by this project, the Service continues to recommend that a general plan amendment be made by the City of Carlsbad to remove the Melrose Avenue right-of-way that currently transects the open space preserve on the Fair Oaks Valley property. The County of San Diego, which is adjacent to the property on the east, and the City of Encinitas, adjacent to the property on the south, do not include a connecting roadway to the Fair Oaks property in their General Plan Amendments. In fact, both the.. City of Encinitas and the County of San Diego are currently planning biological preserves for the undeveloped lands surrounding the project site. While we understand that there are currently no plans to extend Melrose Avenue through the preserved open space on the Fair Oaks Valley property, we are concerned that the proposed right-of-way would traverse a habitat corridor that has regional importance to wildlife movement and to the maintenance of ecological function of the open space. Mr. Mark Durham (FWS-SDG-3869.4) Page2 Please contact Marci Koski of my staff at (760) 431-9440 ext. 304 if you have any questions regarding this consultation. Sincerely, Therese O'Rourke Assistant Field Supervisor U.S. Fish and Wildlife Service cc: Marcela Escobar-1:l~ity of Carlsbad David Mayer, c~%~ Department of Fish and Game April 10, 2006 Fair Oaks Valley LLC Chuck Duvivier PO Box 230638 e City Encinitas CA 92023-0638 of SUBJECT: CT 02-17-SHELLEY PROPERTY Dear Chuck: ~~. "• .• .., t, • ~~i •• i·'f • Carlsbad IQf:Jhhl,t.i•J§~tiJIIel§.il Please find enclosed two notices of restriction for the Shelley Property project Please have the documents signed and notarized. Please pay particular attention to the signature requirements on the signature page on each of the documents. Once they are signed, please return them to me and I will forward them on for additional signatures and recordation. If you have any questions regarding the above, please call me at (760) 602-4613. J~ VAN LYNCH Senior Planner VL:aw c: File 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @ • Cit 8!623/[j • FILE COPY of Carlsbad --------~------~~~~ August 22, 2005 Ladwig Design Group Suite 300 703 Palomar Airport Rd Carlsbad CA 92009 PLANNING COMMISSION NOTICE OF DECISION SUBJECT: GPA 03-11/ZC 03-09/CT 02-17/BDP 02-08/HMPP 05-04-SHELLEY PROPERTY At the Planning Commission meeting of August 17, 2005, your application was considered. The Commission voted 6-0 to RECOMMEND ADOPTION/RECOMMEND APPROVAL. The decision of the Planning Commission is advisory and will be forwarded to the City Council. If you have any questions regarding the final dispositions of your application, please call the Planning Department at (760) 602-4600. S~lr.u ~NEU ~ Assistant Planning Director DN: VL:aw Enclosed: Planning Commission Resolution No. 5951, 5952, 5953, 5954, 5955, 5956 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us (!) •• • August 17, 2005 TO: PLANNING COMMISSION FROM: SENIOR PLANNER RE: ERRATA SHEET FOR CT 02-17-SHELLEY PROPERTY Revise condition number 47 of Planning Commission Resolution Number 5954, CT 02-17 -SHELLEY PROPERTY to read as follows: Prior to the approval of the Final Map, the Developer shall make an Irrevocable Offer to Dedicate (IOD) to the Leucadia Waste Water District, a 20' wide easement for sewer service from the existing main to the easterly boundary of the property. The specific alignment of this easement shall be approved by the District Engineer and the City Engineer and shall be shown on the final map. VAN LYNCH VL • August 16, 2005 Carlsbad Planning Commission 1635 Faraday Avenue Carlsbad, CA 92008-7314 Dear Planning Commission Chair and Members: -----------------------, We have been residents of La Costa Oaks since purchasing a home in Clifton Heights, a neighborhood developed by Centex, in March 2005. At the time of our purchase, we were explicitly told by their sales office that the hillside behind our home would remain undeveloped as part of the La Costa Preserve. In fact, all of the developers in La Costa Oaks have paid for full page adds in the Union Tribune, describing this idyllic neighborhood with hundreds of acres of open space. Naturally we were shocked and disappointed to receive a notice about a public hearing on a proposed zoning change. We are opposed to any zoning change that would allow the development of forty-nine homes on the east side of Camino Junipero. This development will impact negatively on our neighborhood on several levels. Camino Junipero currently has excessive traffic especially due to construction equipment and employees who begin at six in the morning, speeding down this street directly behind our home. An additional development would only further congest this street. We have three small children and enjoy walking along Camino Junipero and riding bicycles. An increase in traffic will have an impact on their safety. This development will subject us to several years of construction noise and dust. This could have an effect on the health of our children and certainly our quality of life. One of the features that attracted us to La Costa Oaks was the open space and trails for hiking, cycling and jogging. This proposed development will decrease what little open space remains in the North County and will be detrimental to the wildlife and plant life in La Costa. It appears that we and many of our neighbors have been deceived by the developers of La Costa Oaks and we would hope the Commission would take our concerns seriously. Respectfully, William and Susan Hitchcock 7495 Circulo Sequoia Carlsbad, CA. 92009 • August 10, 2005 Carlsbad Planning Commission 1635 Faraday Avenue Carlsbad, CA 92008-7314 Dear Pl~g Commission Chair and Members: • 7 515 Circulo Sequoia Carlsbad, CA 92009 We are Carlsbad residents who recently purchased a home in the La Costa Oaks development. Specifically, we live in the Clifton Heights neighborhood developed by Centex. Our home is located at 7515 Circulo Sequoia, on the comer of Camino Junipero and Avenida Amapola. We were shocked and dismayed to receive the notice dated August 5 from the Carlsbad planning department notifying us of the upcoming public hearing on a proposed zoning change which will allow a 49-home development to be buih directly behind us. Prior to purchasing our home, we were explicitly and unequivocally assured by the Centex sales representative.that the parcel ofland behind our house on the East side of Camino Junipero was going to remain open space in perpetuity. We have since learned that several other purchasers of homes on our block were given exactly the same information. Moreover, we have also learned that the Davidson sales office told the buyers of homes further North on Circulo Sequoia, which also back up to Camino Junipero, that the developer of the property to the East had "promised" it would remain undeveloped. We strenuously object to the proposed zoning change and to any development of the Shelley property. The proposed development will irrevocably impair the view we currently enjoy-a view we were promised would continue into the future. In addition, the proposed development will subject us to several years of construction noise, pollution and inconvenience as the road is extended, the property is graded and the houses constructed. Upon completion, Camino Junipero will be overburdened by additional traffic, posing risks to our children and impairing the quality of life we expected to enjoy. Finally, the proposed development will further diminish the availability of dedicated open space to the detriment of the flora and fauna of the region and the enjoyment of the residents of La Costa Oaks. Each of us paid a premium for these lots because of the open space; we would not have spent roughly a million dollars on this particular home otherwise. Discussions with many of our • • neighbors reveal they purchased their homes in reliance on this property remaining undeveloped as well. It appears we have been lied to by the La Costa Oaks developers approved by this commission or the owner of the Shelley property or both. We urge the Commission to deny the proposed zoning change and prohibit development of that section of the Shelley property. Thank you for your consideration. Sincerely, ~?> ~v~- Deborah L. Forman and Ted Grifkin La Costa Oaks Homeowners cc. Van Lynch, Mayor Bud Lewis, Mayor ProTem Matt Hall, Council Members Ann Kulchin, Mark Packard and Norine Sigafoose • City of July 26, 2005 Ladwig Design Group, Inc. Robert Ladwig Suite 300 703 Palomar Airport Road Carlsbad CA 92009 • Carlsbad 14F""'h'·'•*4~ihll .. t§hl SUBJECT: GPA 03-11/ZC 03-09/CT 02-17/HDP 02-08/HMP 05-04 -SHELLEY PROPERTY The preliminary staff report for the above referenced project will be mailed to you on Wednesday, August 3, 2005. This preliminary report will be discussed by staff at the Development Coordinating Committee (DCC) meeting which will be held on August 8, 2005. A twenty (20) minute appointment has been set aside for you at 10:00. If you have any questions concerning your project you should attend the DCC meeting. It is necessary that you bring your required unmounted colored exhibit(s) with you to this meeting in order for your project to go forward to the Planning Commission. Your colored exhibits must be submitted at this time to ensure review by the Planning Commission at their briefings. If the colored exhibits are not available for their review, your project could be rescheduled to a later time. If you do not plan to attend this meeting, please make arrangements to have your colored exhibit(s) here by the scheduled time above. If you need additional information concerning this matter, please contact your Planner, Van Lynch at (760) 602-4613. Sincerely, ~~ DON NEU Assistant Planning Director DN:VL:bd c: File Copy Clyde Wickham, Project Engineer 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us (!) • • I HEREBY CERTIFY THAT THE PROPERTY OWNERS LIST AND LABELS SUBMITTED TO THE CITY OF CARLSBAD ON THIS DATE REPRESENT THE LATEST AVAILABLE INFORMATION FROM THE EQUALIZED ASSESSOR'S ROLES. APPLICATION NAME AND NUMBER GPA 03-11/ZC 03-09/CT 02-17/HDP 02-08/HMP 05-04 SHELLEY PROPERTY APPLICANT OR APPLICANT'S REPRESENTATIVE BY:M&~ DATE: 7/)~/o j_;o: RECEIVED BY DATE: 7--fd--os- • FILE COPY City of Carlsbad •ue•nn•n·'•*4·t•aa;.cun• June 30, 2005 Ladwig Design Group, Inc. Robert Ladwig Suite 300 703 Palomar Airport Road Carlsbad CA 92009 SUBJECT: GPA 03-11/ZC 03-09/CT 02-17/HDP 02-08/HMP 05-04-SHELLEY PROPERTY Your application has been tentatively scheduled for a hearing by the Planning Commission on August 17, 2005. However, for this to occur, you must submit the additional items listed below. If the required items are not received by July 29, 2005, your project will be rescheduled for a later hearing. In the event the scheduled hearing date is the last available date for the City to comply with the Permit Streamlining Act, and the required items listed below have not been submitted, the project will be scheduled for denial. 1. Please submit the following plans: A) 1 0 copies of your complete plan set on 24" x 36" sheets of paper, stapled in complete sets folded into 9" x 12" size. B) One 8%" x 11" copy of your reduced set of plans. These copies must be of a quality which is photographically reproducible. Only essential data should be included on plans. 2. As required by Section 65091 of the California Government Code, please submit the following information needed for noticing and sign the enclosed form: A) B) 600' Owners List -aJypewritten list of names and addresses of all property owners within a 600 foot radius of the subject property, including the applicant and/or owner. The list shall include the San Diego County Assessor's parcel numbe(from the latest equalized assessment rolls. ' 100' Occupant List-(Coastal Development Permits Only) a typewritten list of names and addresses of all occupants within a 1 00 foot radius of the subject property, includin""g the applicant and/or owner. 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us (!) • e GPA 03-11/ZC 03-09/CT 02-17/HDP 02-08/HMP 05-04-Shelley Property June 30, 2005 Pa e 2 C) Mailing Labels -two (2) separate sets of mailing labels of the property owners within a 600 foot radius of the subject property. The list must be typed in all CAPITAL LETTERS, left justified, void of any punctuation. For any address other than a single-family residence, an apartment or suite number must be included but the Apartment, Suite and/or Building Number must NOT appear in the street address line. DO NOT type assessor's parcel number on labels. DO NOT provide addressed envelopes -PROVIDE LABELS ONLY. Acceptable fonts are: Arial 11 pt, Arial Rounded MT Bold 9 pt, Courier 14 pt, Courier New 11 pt, and MS Line Draw 11 pt. Sample labels are as follows: UNACCEPTABLE UNACCEPTABLE ACCEPTABLE Mrs. Jane Smith Mrs. Jane Smith 123 Magnolia Ave. Apt. #3 MRS JANE SMITH APT3 123 Magnolia Ave., Apt #3 Carlsbad, CA 92008 123 MAGNOLIA AVE CARLSBAD CA 92008 Carlsbad, CA 92008 D) Radius Map -a map to scale, not less than 1" = 200', showing all lots entirely and partially within 600 feet of the exterior boundaries of the subject property. Each of these lots should be consecutively numbered and correspond with the property owner's list. The scale of the map may be reduced to a scale acceptable to the Planning Director if the required scale is impractical. E) Fee -a fee shall be paid for covering the cost of mailing notices. Such fee shall equal the current postage rate times the total number of labels. Cash check (payable to t.he City of Carlsbad) and credit cards are accepted. Sincerely, cJ VL:aw Attachment • I HEREBY CERTIFY THAT THE PROPERTY OWNERS LIST AND LABELS SUBMITTED TO THE CITY OF CARLSBAD ON THIS DATE REPRESENT THE LATEST AVAILABLE INFORMATION FROM THE EQUALIZED ASSESSOR'S ROLES. APPLICATION NAME AND NUMBER GPA 03-11/ZC 03-09/CT 02-17/HDP 02-08/HMP 05-04 SHELLEY PROPERTY APPLICANT OR APPLICANT'S REPRESENTATIVE BY: ------------------------ DATE: ____________________ __ RECEIVED BY DATE: ____________________ __ Ladwig Design Group, Inc. May 18,2005 Van Lynch City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 RECEIVED MAY 18 2005 CITY OF CARLSBAD PLANNING DEPT RE: SHELLEY PROPERTY RESUBMITTAL(GPA03-11/ZC03-09/CT02-17/HDP02-08) (LADWIG DESIGN GROUP, INC. JOB NO. L-1005) Dear Van: Enclose are three updated sets of the tentative map and landscape plan along with the 2 sheet check print we received from engineering. I am also enclosing a disk for the tentative map. We have gone through your letter ofMay 10, 2005 and made the corrections as requested. In addition, separately I had submitted to you a few days ago a response to the March 11th fax to Anne Hysong from the wildlife agencies. In addition I had faxed to you Thursday of last week our biologists review of the same March 11th wildlife agencies comments. In addition George O'Day, the project engineer, has discussed the engineering comments with Clyde Wickham and has made the changes on the plan as discussed in the letter and with Clyde. Please look these amendments over and we look forward to moving this project now to the public hearing process. If you have any questions or need additional exhibits please get in touch. Sincerely ~ Bob Ladwig, President Enclosure cc: Chuck DuVivier (W/ enclosures) 703 Palomar Airport Road+ Suite 300 +Carlsbad, California 92009 (760) 438-3182 FAX (760) 438-0173 ------------------------------------------------------------------------------·--- May6, 2005 Van Lynch Planning Department City of Carlsbad Here are the responses to the Wildlife Agencies' comments dated March 11, 2005 made on the Draft Mitigated Negative Declaration for the Shelley Property in Carlsbad (Assessor Parcels 223-061-01, 02, [CT02-17 -shelley property]. The following summarized concerns were raised by the wildlife agencies: 1. The city is proposing an easement for Melrose Drive, and separate Sewer Access Easement is being provided within proposed open space areas. These easements carmot be included in the conservation easement and shouldn't be included in the calculations for the project's open space. Res.pon.se: Currently the sewer easement and discharge swale are not included within the proposed open space areas. There are no biological impacts caused by the Melrose Avenue 100, which is for a possible future project that isn't even planned and isn't associated with this project The City of Carlsbad will have to process that project in the future separately and the agencies will be able to review, comment, or oppose those projects at the appropriate time. As noted in the MND, acreages within easements that bisect the preserve will be deducted from the total preserve acreage upon recordation of the conservation easement. 2. The wildlife agencies would like the vegetation mapping to be updated. Res.pQW!S,; Dossey and Associates visited the site on April 2th , 2005 to review the habitat mapping. There were no significant changes to the habitat maps observed at the time. The lack of grazing hasn't caused the site to even begin reverting to coastal sage scrub. There does appear to be an increase in the proportions ofneedlegrass (Nasselta pulchra) on the property. but the designation non-native grassland still is applicable. 3. The Wildlife Agencies would like quantification of the impacts to California Adolphia and document how the proposed mitigation addresses this take. Response: Adolphia is not a naJTOw endemic species and therefore direct mitigation for its impacts is not required. The compliance with the Carlsbad Habitat Management Plan provides for the allowed removal of this s~ies. Mitigation for such species are by the creation and preservation of their habitats through the continued compliance with the Habitat Management Plan. There isn't any take occurring for this species as it is not a Federal or State listed, covered or narrow endemic species. There will be Adolphia remaining on site aftet the project has been graded/constructed as a portion of the existing population won't be impacted by this project. 4. The wildlife agencies advise the project 1hat it should contact the Army Corps of Engineers to confirm the jurisdictional status of this drainage. Resporu;e; The project has always expressed its intent to provide the jurisdictional detennination to the Anny Corps for their review when appropriate. Should the Anny Corps of Engineers disagree with the assessment and extend jurisdiction over the drainage then the required notification and permit applications will be filed with them at the time. Should the Corps determine that it has jurisdiction then the appropriate nationwide permit and streambed alteration agreement would be obtained from CDFG. The current project design would be able to complete the proposed sc:wet pipeline under Nationwide Permit 12 if determined to be necessary. 5. The wildlife agencies consider the desiltation basin an impact, but do not object to the location of the basin and believe the proposed revegetation of the desiltation basin adequate mitigation for this portion of the project Responsei As described in the MND,.the project has replaced the desilta.tion basin with a vegetated swale designed to use the existing hydrologic features of the property. This swale requires significantly less acreage than the original basin and will be vegetated appropriately with native plants. The swale should be treated the same way as the original basin and be designated as a drainage easement. 6. The wildlife agencies request a fire management plan to address potential future impacts to the San Diego Goldenstar populations. Specifically that the fire management activities will occw-between July 1 and November 30 and that no heavy equipment which might compru...1 the soil be used. Additionally the wildlife agencies state that the preserve hard line needs to be adjusted to include the balance of goldenstar plants. Response: A fire management plan has been prepared. It will be modified to include the above restrictions. The hard line is being adjusted as shown in the MND to include over 99% of the goldenstar._ 7. The project should be designed so that no water from the project enters the population of golden stars. Any irrigation street run-off or other water which is created by the project may be a negative impact. The fmal MND needs to discuss which measure!_ wilJ be taken to assure that the San Diego Goldenstars will not be impacted by altered local hydrology. Resi}Onse: The project design team reviewed the cWTent project design and all run'"()ff is already being directed away from the San Diego goldenstar.;. So alteration of hydrology will not increase the amount of water in the areas of the goldenstars. 8. Halfofthe project's western boundary is adjacent to a segment of the City•s preserve that contains coft.Stal sage scrub. The agencies are concerned that in the future brush management needs may change and require 100' boundary and it will need to be accommodated along that project boundary .•. Resoonse: The project is currently in compliance with the City of Carlsbad's fire standards. There are no impacts to the existing preserve on the western boundary caused by this project. 9. The USFWS and CDFG want to approve the fencing prior to appraval of the final landscaping plans. The plans need to include the location of fencing along the trails and between the development and the open space, in addition to the type of fencing to be used. Don Rideout's suggestions are Kcommcnded from the January 8, 2003 meeting. Reswns:e: The project will provide the Agencies with the proposed fencing for review prior to the fmallandfK:aping approval. This issue is best discussed once the fencing plan has been prepared and is ready for review. Don Rideout's suggestions will be considered in the preparation of the fencing plan. 10. Dates in the noise mitigation mea.su.re on page 23 ofthe MND should be changed to February 15 through August 31. Re~nse: After reviewing the noise mitigation measures section in the MND, I agree that the dates should be changed to February 1 S through August 31. Also I would like to clBritY that the goal is to reduce impacts to breeding gn.atcatchers and raptors by cbanging the phrase .. within 300 ft of coastal sage scrub habimtH in the first piU"'lsmpb, to ''within 300 feet of an active gnatcatcher nest or 500 feet of an active raptor nest" • 11. The agencies reconunend relocating the .sewer line to avoid a 12,000 square foot impact to the prese:rve. Res.ponse: The current sewer connection is the only reasonable option, as it i:s located downhitl from the project and connects to existing sewer lines. All other nearby sewer lines are both further away and uphill from the project. If you have any questions you can :reach Rod Dossey at (760}436-0908 .bu~'/·,..,. /~-~-/'Y£7~---- Rod Dosse Biologist CC: Bob Ladwig, Ladwig Design • Ladwig Design Group, Inc. May 16,2005 Van Lynch City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 RECE\VED M~~ 's 200S C\TY OF CARLSBAD PLANN\NG DEPT RE: SHELLEY PROPERTY (GPA03-11/ZC03-09/CT02-17/HDP02-08) (LADWIG DESIGN GROUP, INC. JOB NO. L-1005) Dear Van: Please review the following responses to the Wildlife Agencies' comments dated March 11, 2005 concerning the Draft Mitigated Negative Declaration for the Shelley Property in Carlsbad (Assessor Parcels 223-061-01, 02), [ CT02-17 -Shelley property]. It is important to note that many of these issues were discussed at a meeting on October 20, 2004 attended by Ben Frater (USFW), Don Rideout and Ann Hysong (Carlsbad planning staff) and Bob Ladwig, Kate and Chuck DuVivier (applicants). Responses are numbered according the eleven points in the USFW letter: 1. An Irrevocable Offer to Dedicate for a future right of way is not a project and does not create an impact. It is outside the scope of this project to propose a general plan amendment to remove this city circulation element roadway. 2. This property has an approved hardline. The proposed development will create a new hardline that provides more preserve area than the approved hardline (see attached exhibit). We have had years of vegetation mapping, rare plant surveys, etc. The purpose of a hardline is to establish what can and what can't be developed. 3. Our biologist Rod Dossey has responded to this item. Also there is a total area of 2.7 acres of adolphia. 1.9 acres (70%) will be preserved in place and 0.8 acres (30%) will be impacted by development. 4. A biological issue. See Dossey Letter 703 Palomar Airport Road+ Suite 300 +Carlsbad, California 92009 (760) 438-3182 FAX (760) 438-0173 Van Lynch May 16,2005 Page2 • 5. The more than 1 acre detention basin has been deleted as described in the MND. A vegetated swale has been added. It is approximately .06 acre and will be planted with native plants as approved by the biologist and will be with-in a drainage easement. 6. We have no objection to modifying the brush management requirements. 7. At our meeting with USFW staff on Oct. 20, 2004, we demonstrated on the plans that no water is being diverted onto the Goldenstar preserve areas. 8. The city has required a 60ft. fire buffer on our western property line. This area will not require future brush management beyond our boundaries. It is important to note that all lots in fire buffer zone are assigned an "FR" suffix that restricts their use. Restrictions include 1 hour fire rated exterior walls, Life/Safety sprinkler systems, placement of non-combustible fencing, decks and patio structures, landscaping restrictions, etc. 9. At our meeting with USFW staff on Oct. 20, 2004, we agreed to let the resource agencies have a final review of our fencing plans and would support an approcate condition. This is already stated in theMND. 10. We also responded with a suggestion for clarifying the noise restrictions and do not object to including the USFW suggested dates. 11. At our meeting on Oct. 20, 2004, we discussed the sewer line location and USFW staff agreed that the sewer line under a trail was acceptable in that location. Thank you for reviewing our responses, ~·· Bob Ladwig, President Enclosure cc: Chuck Du Vivier Rod Dossey 703 Palomar Airport Road+ Suite 300 +Carlsbad, California 92009 (760) 438-3182 FAX (760) 438-0173 l I I r-~ \ SHELLEY PROPERTY -- Lot c OPEN ~PACE P!IJf'QRP twl] UN£ NQ ~ Of AND INClUDING 1 00' Soo.t: EASE. CLoT a) • SOUTH Of SDGM: EASE. LOT A e. LOT C ODE'tUOI'MENf"-(LOT~ 8U1 11:.. -10011 20.&4 11:.. -211.2a 31.112 IC. -311.8llll U1D ac;-MMI 81.31 IC. -100. 20.64 AC. -25.28lll 0.14.21 IC. -~2.0711 zr:f' g -32 111 eC1 AC. -100. -miPOIWIY IIIIPACr(VECETAllll SI..OPEll! wmiiN LOT A -mPORN!Y IIIIPACr(VECETAllll SI..OPEll wmiiN LOT C -o.oe IC. -1.82 IC. W 'IML £ASENENT (10' TAAIL) -LOT A W 'IML EASEIIIENT (10' TIWI.)-LOT C -0.10 11:.. -1.711 IC. I I 1;. I I; I I; /1 I 1 If I I; I I; I; I I I I I I I I 1CXI I I ,, IX"YEI.OPIIENT Nff.A LOT A TMl LOT a TRM. sua TOTAL .. .-C?:z: SCALE: I" • 100' 1CXI - UI!Wn' DE HN!QUNE QPEN SPACE LOT A (N l1Wt.,) LOT a LOT C CNI TIWl) SUII TOtAL TOTAL I • I I I ' I • I I • I I I I Lot B OPEN SPACE 28.!111 11:.. 0.10 IC. 1.ZlUC. 28.44 AC. -.14.- 2.71 11:.. 20.&4 11:.. 2IJIUC. a2.87 IC. e.02ll 81.31 N;. -100. I I I \ \ I I CT 02-17 HDP02-08 PUD 02-09 HARDUNE/OPEN SPACE COMPARISON \ '' \ \: IIOIIE IMPACT AREA \ ',t t. l \ \ \ \ \ \ \ \ \ \ IJLPACT AREA/OPEN SPACE EX111B1T LADWIG DESIGN GROUP, INC. 703 PALOMAR Aif'lla\T F\Of{) SUITE 300 CMLSBAD. CFI 92009 PHONE [71:.()) 438-3182 FAX [760)438.0173 , May 10, 2005 e City Ladwig Design Group, Inc. Robert Ladwig 703 Palomar Airport Road, Suite 300 Carlsbad CA 92009 of -Carlsbad IQFI.Jhlb.laX§.JUIII.t§bl RE: GPA 03-11/ZC 03-09/CT 02-17/HDP 02-08-SHELLEY PROPERTY Dear Bob: Please find below Planning and Engineering comments from the latest review of the Tentative Map plans submitted to the City of Carlsbad. Once these items have been addressed, please resubmit three sets of plans for additional review. 1. Show the fire suppression as shaded on the other sheets as shown on Sheet 5. 2. Fire suppression zone on Lot 52 -custom lot. Please see comments under Agencies comments. The placement of the suppression zone in the preserve area is not encouraged. Also, the maintenance of the fire suppression zone around Lot 52 should be identified on the Maintenance Responsibility exhibit. 3. Revise the fencing plan on Sheet 7 to reflect the 1 00-foot from leading edge of fire buffer. This will probably cause problems with the future residents of the subdivision, as the solid fence will not be between residences. An alternative non-combustible fencing material should be proposed. 4. Complete dashed line representing fire buffer along the westerly property line on Sheet 4. 5. Please provide consistent trail width dimensions for the native area trail. Civil plans correctly show the trail width at 10 feet where landscape plans show 12 feet in width. Please correct the landscape plans to reflect a 1 0-foot trail width. 6. Please provide a digital copy of the tentative parcel map. 7. Please review all plans for internal consistency. Environmental notes from USFWS & CDFG comments dated 3/11/05. The numbered items correspond to the numbered comments in the Agencies letter. 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us (i) 1. The City will continue to require the offer of dedication for Camino Junipero {Melrose Ave). The conservation easement will not cover the future roadway as noted. The impacts to the non-native grasslands will not be addressed until development of the roadway occurs. The mitigation of an impact fee is not collected on IOD's and easements. 2. Assumptions are made regarding the previous habitat on the property. The wildlife agencies concerns are that the native habitat would be reestablishing itself since grazing of the property has stopped and the impacts would be to CSS and not NNG. The Biologist should review the development area again to determine if the original habitat has begun to come back and reestablish itself. The preserve area should be allowed to revert back to CSS if it is able to and the MND will reflect that option and include maintenance parameters to allow the native habitat to reestablish itself. The MND will incorporate mitigation measures to survey the impact area prior to grading to determine if a CSS or other narrow endemics are present. 3. A Vegetation map was in the Biological report, map pocket, which was labeled "HMP Hardline, Figure 3" and it shows Adolphia on the site with impacts from development. The Adolphia area and impacts from the proposed project need to be quantified for impact mitigation purposes. 4. Confirm with USACE that the southern drainage is not a jurisdictional water of the US or provide a definitive response in the biological report that the drainage is not jurisdictional waters of the US. 5. The desiltation basin has been removed from the project and replaced with a drainage structure. This should be reflected in the Biological report and the swale should be included in the impact area calculations. 6. Please add to the biological report, as identified in the Agencies letter, the maintenance time and method as to not impact the goldenstar in the fire suppression zone 3. 7. The City does not propose to modify the fire suppression zone from the present 60-foot buffer requirement. Zones three of the fire suppression zone will be permitted in to the preserve area with the condition that the maintenance measures identified in item 6 above are implemented. 8. The fencing plan shall reflect the fencing for the trail system. A split rail fence was determined to be adequate to define the trail location and to keep people out to the preserve area. This will be reviewed in the future by the wildlife agencies. 9. The dates in the MND will be changed to reflect the dates of February 15 through August 31 for construction noise mitigation to breeding gnatcatchers. 1 0. The sewer pipeline must remain where it is as this is coincident with the trail alignment and is needed to connect to the sewer facility in Encinitas. The sewer line is located within the trail alignment to reduce the impacts to the habitat area. Engineering Department staff has completed another review of the above-referenced project for application completeness with the intent of approval or conditioning for approval. Unfortunately the remaining issue of phasing has not been resolved to a point of approval. Staff has asked the Engineer to show how phase 1 will "stand alone." Bob Ladwig submitted a letter stating that phase 2 will be graded concurrently with phase 1 to balance the grading operation. It appears that the project is back to a single phase design. 1. If phased mapping is proposed then show how phase 1 will develop and what the project will look like prior to phase 2 being subdivided. If a borrow site is needed to balance the grading operation. please show it. Adjacent areas or pads should be "sheet graded" to achieve earthwork quantities as opposed to individual pad grading and stepping each lot prior to actual subdivision. Unfortunately, the phase request came up during the last (4th) review where staff met with the Engineer (George O'Day) and tried to accommodate the idea to phase the project. The Engineer of Work understood the City's position quite clearly to show a "stand alone design for each phase. From Ladwig's letter, it appears that the plan has changed to grade everything as complete pads yet only subdivide 35 of the 52 lots. The concept as proposed is not considered "phased" development and cannot be supported by staff. 2. On the typical cross sections please add the word "utility'' in the joint trench callout. We assume you mean SDG&E, phone, and cable TV will use the joint utility trench and that you mean either utility will locate their handhole, pullbox, terminal junction box or transformer, within the 3' wide public utility easement. This was not added for Street "E" & "F" and a portion of "B" Street. 3. From our last review, we asked that slopes and driveways must be shown for the proposed lots. Sewer, water and utility service locations for each lot is also required. Cleanouts and water meters must be located clear of proposed driveways. Sight distance corridors and slopes, fences and obstructions should also be shown. Bob Ladwig (July 9th letter) there would be a note to cover this concern. I have not found the note. The cleanouts and water meters could be shown on the Typical Lot Drainage Detail. (Add the note Bob spoke of). Slopes, sight distance, and obstructions to each lot should be shown on each respective sheet, there is no note that can cover this issue entirely. If you have any questions regarding the Engineering comments above, please call Clyde Wickham at (760) 602-2742. Sincerely, i)AJfi'-- Van Lynch Senior Planner VL:bd c: Clyde Wickham File Arnold Schwarzenegger Governor STA(r;--!;LIFORNIA • Governor's Office of Planning and Research State Clearinghouse and Planning Unit March 17, 2005 Anne Hysong City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Subject: GPA 03-11 I ZC 03-09 I CT 02-17 I HDP 02-08 -Shelley Property SCH#: 2005021074 Dear Anne Hysong: Sean Walsh · Director The State Clearinghouse submitted the above named Negative Declaration to selected state agencies for review. The review period closed on March 16, 2005, and no state agencies submitted comments by that date. This letter acknowledges that you have complied with the State Clearinghouse review requirements for draft environmental documents, pursuant to the California Environmental Quality Act. Please call the State Clearinghouse at (916) 445-0613 if you have any questions regarding the environmental review process. If you have a question about the above-named project, please refer to the ten-digit State Clearinghouse number when contacting this office. Sincerely, ~~ Director, State Clearinghouse 1400 TENTH STREET P.O. BOX 3044 SACRAMENTO, CALIFORNIA 95812-3044 TEL (916) 445-0613 FAX (916) 323-3018 www.opr.ca.gov • SCH# Project Title Lead Agency Type Description 2005021074 Document Details Report State Clearinghouse Data Base GPA 03-11 I ZC 03-09 I CT 02-17 I HOP 02-08-Shelley Property Carlsbad, City of Neg Negative Declaration The project consists of a General Plan Amendment to delineate the boundaries of the HMP open space preserve and allocate the permitted density to the developable portion of the property, a Zone Change to ensure consistency with the General Plan, and a Tentative Subdivision Map, and Hillside Development Permit to grade and subdivide 49 single family, 10,000 square foot lots and three open space lots on 81 acres. Grading would occur on approximately 26.6 acres or 33% of the site to create the subdivided single-family lots and associated infrastructure. An earthen vegetated swale will be located within the preserve to ensure water quality, and a sewer line will bisect the southern portion of the preserve. lead Agency Contact Name Agency Phone email Address City Anne Hysong City of Carlsbad (760) 602-4622 1635 Faraday Avenue Carlsbad Project Location County San Diego City Carlsbad Region Cross Streets Parcel No. Township Proximity to: Rancho Santa Fe Road 223-061-01' 02 Range Highways 1-5 Airports McClellan I Palomar Railways NCTD Waterways Schools La Costa Canyon High Land Use Vacant I R-1-40,000 I RL Project Issues Noise; Vegetation; Wildlife Fax State CA Zip 92008 Section Base Reviewing Resources Agency; Department of Conservation; Department of Fish and Game, Region 5; Agencies Department of Parks and Recreation; Department of Water Resources; Caltrans, District 11; California Highway Patrol; Department of Health Services; Regional Water Quality Control Board, Region 9; Native American Heritage Commission Date Received 0211512005 Start of Review 0211512005 End of Review 0311612005 Note: Blanks in data fields result from insufficient information provided by lead agency. Ladwig Design Group, Inc. March 16, 2005 Van Lynch City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 RECEIVED fldR 3 ~ 2005 CITY OF PLANNJ~GARLSBAD DEPT RE: SHELLEY PROPERTY (GPA03-11/ZC03-09/CT02-17 /HDP02-08) (LADWIG DESIGN GROUP, INC. JOB NO. L-1005) Dear Van: This letter and the attached plans are in response to Anne Hysong's letter to me dated January 31, 2005. I will respond to you in the order ofthe comments in her January 31letter. Plannine 1. We have added the berms for the sound wall for Lots ( 15 through 19) and (3 7 through 40). Your lot numbers were (12 through 20). 2. We've added the lot dimensions on Sheet 3 of 18. 3. We've made the adjustments to the areas as suggested. 4. We've made the revisions to Sheet 7 of the landscape plans as suggested. 5. We've made the change to the landscape plan Sheet 6 to show the HOA maintenance in back of the lots as indicated. 6. We've adjusted the lot dimensions as suggested. 7. We've made the adjustments to the plant palette on Sheet 1 as suggested. 8. We are returning Larry Black's plant check and have made the comments as indicated. 703 Palomar Airport Road+ Suite 300 +Carlsbad, California 92009 (760) 438-3182 FAX (760) 438-0173 Van Lynch March 30, 2005 Page2 1. I'm enclosing letters from Leucadia County Water District and Olivenhain Municipal Water District reference service availability. In addition, the staff has asked to send the LAFCO documents to validate the proposed annexation to the sewer district. You will notice in the Leucadia letters that they can't finalize their application to LAFCO until all the CEQA documents are finalized. I would suggest that this be identified as a condition of approval seeing as the LAFCO process cannot be completed until after the environmental review process has been finalized by the City. 2. We have added the storm drain information, water demand, fire flow and grading quantities to the front sheet as requested. 3. We have amended all the lot numbers. In addition, on Sheet 2 we have identified the old lot numbers and the new lot numbers. 4. We have added more information on Sheet 3 regarding low flows and peak flows and showed the limits of those flows within the vegetated swale proposed. 5. We've added the sheet reference and the grading for the extension of Camino Junipero. 6. We have several locations where the street grade (B Street) exceeds 6 percent. The city standard allows for local streets to have intersection grades up through 8 percent, assuming that Cal Trans vertical curve criteria is met. 7. We have added to the legend on Sheet 1 (with "Bio-Clean" inlet filter or approved equal) to respond to this item. 8. We have added the proposed trail section on Sheet 2. 1. We have added, as suggested, the suffix FR for all the lots that are adjacent to the fire protection zones. I would like to point out that in the Fire Department's comments there were certain lots mentioned; those lots have now been renumbered. We also agree about the Fire Department asking that the final development agreement and CC&R's mention that no combustible patio covers, decks, or similar structures occur within the first 20 feet of the sixty foot fuel modification zone. 703 Palomar Airport Road+ Suite 300 +Carlsbad, California 92009 (760) 438-3182 FAX (760) 438-0173 Van Lynch March 30, 2005 Page 3 2. We agree with the comments about the prohibition oftrees and shrubs in the first 20 feet of the sixty foot zone. 3. We have added a note on the plans that Lots 47, 49, and 52 will require fire sprinkler systems. In addition to the five sets of plans (the tentative map and the landscape plan) I am including a copy of the Leucadia Water District letters and also letters from Olivenhain Water District. In addition, I am including a copy of a letter addressed to me from Debbie Fountain at Housing and Redevelopment addressing the housing policy team support for our purchase of nine housing credits in the Villa Lorna project. In addition to the five new sets of our plans, we are also enclosing the engineering and landscape plan check plans along with a marked-up set from Liz Katabian relative trails. There are some comments I'd like to make about her plan mark-up and they are as follows: Sheet #3 Sheet #4 Sheet #5 Sheet #6 Sheet#8 Sheet #18 We have added a cross section ofthe steep portion of the trail coming off of A Street at 11.1 percent. We are also proposing a cement treated base material. The trail easement is not shown at the bottom of Sheet #4 as indicated in the mark- up. We have shown a trail section for native areas on Sheet #2 of the tentative map. Our intent is to use the existing paths and natural surfaces where possible as the highest priority for a trail surface. We have not added the proposed trail section as requested. As indicated, we have shown a trail section on Sheet #2. We do not want to rototill or incorporate a poly- pavement into the native soil. Our goal is to disturb as little as possible in the area. We have added a Sheet #8 (a new Sheet) to the landscape plan that details the sample trail entrance markers. In addition, the landscape plan Sheet #8 identifies the location of the trail markers. The Sheet is included as part of the tentative map set. 703 Palomar Airport Road+ Suite 300 +Carlsbad, California 92009 (760) 438-3182 FAX (760) 438-0173 . . . Van Lynch March 30, 2005 Page4 The following comments are on the landscape plan marked up by Liz Katabian: Sheet#l Sheet #4 Sheet #6 Sheet #7 We don't feel it's appropriate to add a courser stone for stabilization in the lower area as shown. When the field inspection was made it was right after heavy rains. This area is normally dry. We've added a trail marker at the westerly property line. In addition, we've added a trail marker where the trail leaves the SDG&E easement and goes into the subdivision area, opposite Lot #52. We don't understand the need for the direction arrows or notes. On the revised landscape plan on Sheet #7, we have added a gate detail on the view fence section. Clyde Wickham and George 0 'Day discussed phased grading recently and whether the lots in Phase 2 could be sheet graded. Because Phase 1 requires 122,854 cubic yards of import from Phase 2, a sheet grading concept is not feasible. Step pads will need to be graded in Phase 2 with the Phase 1 grading. The above concludes our response to the written and marked-up plan comments for the Shelley property. Please look everything over and we look forward to receiving our copy of the draft conditions of approval for this project. We (Chuck Du Vivier and I) would also like to meet with you soon to give you a project history. If you have any questions or need additional comments, please give me a call. Sincerely, LADWIG DESIGN GROUP, INC. ~ig, President RCL:bh Enclosures cc: Clyde Wickham Chuck DuVivier George O'Day Tony Lawson 703 Palomar Airport Road+ Suite 300 +Carlsbad, California 92009 (760) 438-3182 FAX (760) 438-0173 03/1112005 15:17 FAX 7604315902_ .. U.S. Fish and Wildlife Service Carlsbad Fish and Wildlife Office 60 lO Hidden Valley Road Carlsbad, California 92009 (760) 431-9440 FAX (760) 431-5902 + 9618 In Reply Refer To: FWS/CDFG-SDG-3869.2 Ms. Anne Hysong City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 US FISH AND WILDLIFE Ia] 002 California Department of Fish & Game South Coast Region 4949 Viewridge Avenue San Diego, California 92123 (858) 467-4201 FAX (858) 467-4299 MAR 11 2.005 Re: Comments on the Draft Mitigated Negative Declaration for the Shelley Property in the City of Carlsbad, San Diego County, Dear Ms. Hysong: The U.S. Fish and Wildlife Service (Service) and the California Department ofFish and Game (Department), collectively referred to as the Witldlife Agencies, have reviewed the draft Mitigated Negative Declaration (MND), which was received on February 14, 2005, for the above-referenced project in the City of Carlsbad (City). The Wildlife Agencies have identified concerns regarding the potential effects of this project on wildlife and regional conservation planning. The comments provided herein are based on the information provided in the MND and related documentation; a previous MND for the project, dated December 26, 2003; the Wildlife Agencies' knowledge of sensitive and declining vegetation communities in San Diego County; and our participation in regional conservation planning efforts. The Department is a Trustee Agency and 2t Responsible Agency pursuant to the California Environmental Quality Act (CEQA), Sections 15386 and 15381, respectively. The Department is responsible for the conservation, protection, and management of the state's biological resources, including rare, threatened, and endangered plant and animal species, pursuant to the California Endangered Species Act (CESA), and administers the Natural Community Conservation Planning Program (NCCP). The primary concern and mandate of the Service is the protection of public fish and wildlife resources and their habitats. The Service has legal responsibility for the welfare of migratory birds, anadromous fish, and endangered animals and plants occurring in the United States. The Service is also responsible for administering the Endangered Species Act of 1973, as amended {Act) (16 U.S.C. 1531 et seq.), including the Habitat Conservation Planning (HCP) program under section IO(a)(l)(B) of the Act. The City is participating in the HCP program through their Habitat Management Plan (HMP). 03/11/2005 15:17 FAX 7604315902 US FISH AND WILDLIFE 141003 Ms. Anne Hysong (FWS/CDFG-SDG-3869.2) The 81.3-acre site is located in southeast comer of the City of Carlsbad, southeast of Rancho Santa Fe Road and Melrose Drive along the City''s eastern boundary. The proposed project site is bounded by the County of San Diego to the east and the City of Encinitas to the south. The site is surrounded by vacant open space with the exception of a residential development to the south and a future development to the west associated with the Villages of La Costa. The open space to the north is a hardline preserve associated with the Villages of La Costa project. The project proposes 49 single-family residences and three open space lots. The project also proposes a detention basin, sewer line, associated access road, and a multi-use trail within the proposed preserve. A 102-foot wide public right-of-way across the preserve area will be required by the City to enable the future extension of Melrose Drive. The property also includes an existing 100-foot wide San Diego Gas and Electric (SDG&E) transmission line easement traversing the property in an east to west fashion. The northern, eastern and southern portions of the site are designated as a hardline preserve area in the HMP. According to the Biological Resources Report for the Shelly Property (Report; Dossey 2002, revised 2004), the project site: is comprised of 13.9 acres of coastal sage scrub (CSS), 6.2 acres of disturbed CSS, and 61.2 acres of annual grassland. Two drainages also occur on site: one in the north and one in the south portion of the property. Sensitive species observed on site include at least two pairs of federally threatened coastal California gnatcatcher (Polioptila califomica califomica; gnatcatcher), detected during June and July 1999 protocol surveys and a 2001 general biological survey, southern California rufous-crowned sparrow (Aimophila ruficeps), San Diego homed lizard (Phrynosma coronatum ssp. blainvillei), white tailed kite (Elanus leucurus), and at least 1,092 individuals of San Diego golden star (Muilla clevelandii). The 26.6-acre project footprint will impact annual grassland and a portion of the south drainage. According to the MND and the Report, the south drainage is not considered a jurisdictional water of the U.S. and no mitigation is proposed for impacts to it. The MND states that the 26.6 acres of impact to annual grassland habitat will be mitigated by the on-site preservation of 32.7 acres of annual grassland and the revegetation of l.9 acres of annual grassland. Two individual San Diego goldenstar are proposed to be directly impacted by the project with the remainder located in the preserve. The Wildlife Agencies have the following general concerns regarding the proposed project: 1) the proposed extension of Melrose Drive~ 2) potentially outdated biological and hydrological information; 3) minimizing impacts to San Die.go goldenstar; 4) appropriate brush management zones; and 5) a clarification of impacts resulting from the desiltation basin. Our specific comments and recommendations for the pmposed project are enclosed. 2 03/11/2005 15:18 FAX 7604315902 US FISH AND WILDLIFE e Ms. Arme Hysong (FWS/CDFG-SDG-3869.2) If you have any questions concerning tbe contents of this letter, please contact Nancy Frost (Department) at 858-637-5511 or Benjamin Frat'M" (Service) at 760~431-9440. ~herese O'Rourke Assistant Field Supervisor U.S. Fish and Wiildlife Service cc: State C1ea:ringhouse Enclosure Donald Chadwick Senior Environmental Scientist California Department ofFish md Game 141004 3 03/11/2005 15:18 FAX 7604315902 VS FISH AND WILDLIFE f4J 005 . . e • Ms. Anne Hysong (FWS/CDFG-SDG-3869.2) ENCLOSURE WILDLIFE AGENCY COMMENTS AND RECOMMENDATIONS ON THE DRAFT MITIGATED NEGATIVE DECLARATION . FOR THE SHEl,LEY PROPERTY 1. The City is requiring an irrevocable offer of dedication for 102' of public right-of-way across the preserve from the eastern project boundary to the eastern property boundary to enable the extension of Melrose Drive at some future date. However, the MND states that the County of San Diego, which abuts the property to the east, and the City of Encinitas, which abuts the property to the south, do not include a connecting roadway to the Shelley property in their GeneraJ Plan Amendments. In fact, both the City of Encinitas and the County of San Diego are currently planning biological preserves for the undeveloped lands surrounding the Shelley property. While we understand that currently there are no plans to extend Melrose A venue through the preserved open space on the Shelly property, we are concerned that the proposed right-of-way would traverse a habitat corridor that has regional importanee to wildlife movement and to the maintenance of ecological function of the open spa,:::e. The proposed IOD and any other easements (i.e., over the sewer line) within the open space cannot be included in the conservation easement, and should be not be included in the calculations of the project's open space. The Wildlife Agencies urge the applicant to apply for a general plan amendment to remove Melrose A venue from the project. 2. The portion of the project site that is identified as annual grassland was grazed for 30 years and burned in the Harmony Grove fire of 1996. Coastal sage scrub currently grows on the surrounding undeveloped lands, including the area north of the SDG&E easement, which were not grazed. We do not hav·e enough information to know what habitat existed previous to grazing, but the Wildlife Agencies assume that the project site was coastal sage scrub before that time, and expect components of the coastal sage scrub community to gradually re-emerge. This may be occurring already. California adolphia (Adolphia califomica) is typically found along drainages through coastal sage scrub or chaparral. There is a relatively large population growing along the drainage through the central portion of the project site, where annual grassland is reported. The Wildlife Agencies recommend updating the vegetation map if the present map is no longer applicable. 3. The Wildlife Agencies recommend that the final MND fully quantify project impacts to California adolphia, a California Native~ Plant Society List 2 species, and document how the currently proposed mitigation adequately addresses this take. 4. According to the MND and the Report., the south drainage is not considered a jurisdictional water of the U.S. and no mitigation is proposed for impacts to it. However, the information provided in the MND and Report does not clearly demonstrate that the south drainage is not a jurisdictional water of the U.S. The Report states that the drainage is isolated, and associated flows appear to end abruptly at a berm near the southern property line. After the recent heavy rains, the southern drainage may have made its 4 03/1112005 15:18 FAX 7604315902 US FISH AND WILDLIFE • Ms. Anne Hysong (FWS/CDFG-SDG-3869.2) drainage pattern more easily discemable. Therefore, in order to avoid a violation of section 404 of the Clean Water Act, we advise the applicant to contact the U.S. Army Corps of Engineers to confirm the jurisdictional status of this drainage. ~006 S. We would like to note that the Wildlife Agencies consider desiltation basins an impact to be included within the project footpdnt. Desiltation basins are unnatural features that are carved into the landscape to retain water, which often encourages non-native species to invade the area, and results in the need for frequent maintenance (e.g., vegetation removal). Therefore, the proposed 1-acre earthen desiltation basin, which is to be located to the southeast of the proposed development, should be considered part of the development footprint, not the pres<:rve. However, the Wildlife Agencies do not object to the location of the basin, and we belli eve the proposed revegetation of the desiltation basin adequately mitigates the impact that may otherwise be required for this portion of the project. 6. Direct impacts to San Diego goldenstar have been reduced to less than 1%, and the MND states that soil will not be disturbed during brush management activities where the plant resides. However, the Wildlife Agencit:~s are concerned that other indirect impacts to this narrow endemic could surpass the 5% overall impact allowed through the HMP. The HMP states that all brush management activities are considered part of a project's impacts, but a portion of the San Diego goldenstar population occurs within the brush management zone. The MND does not anticipate impacts to this flower will occur given the current conditions; however, the conditions may change. In order to ensure that this project meets the HMP standard for narrow endemics, we recommend the creation of a fire management plan that specifically 8tates: a) brush management activities will occur between July 1 and November 30, when the plant is not expected to have foliage above ground; and b) no heavy equipment wi11 be used that may compact the soil. Additionally, the MND states them are 676 individual San Diego goldenstar plants inside the preserve and 416 individuals 01utside the preserve. Any individual that is not in the preserve should be considered impacted, since assurances of long-term management and monitoring cannot otherwise be given. Therefore, to be consistent with the narrow endemic standard of the HMP, we recommend adjusting the hardline to inc1ude the area where the avoided plants are locatl!d. 7. The project should be designed such that no water enters the population of San Diego goldenstar. Any water that escape!> from the completed project (such as irrigation or street run-off) and reaches the protected plants may negatively impact the environment for which they are adapted. This is eE.pecially true for the Shelley project since the plants do not have a significant buffer from the development. The final MND should discuss what measures will be taken to assure that the San Diego goldenstar will not be impacted by changes to local hydrology. 8. Although not mentioned in the MND, approximately half of the project's western boundary is adjacent to a segment of tlhe City's preserve that contains coastal sage scrub. 5 03/11/2005 15:18 FAX 7604315902 US FISH AND WILDLIFE ~007 ------.. • Ms. Anne Hysong (FWS/CDFG-SDG-3869.2) The City brush management standard, as reported in the MND, is 60 feet. However, we are aware of 100 feet being used as the standard for other locations in the City, as well as most other municipalities in the region. If the 100 foot standard were to be applied-at any time-along the previously mentionr~d preserve interface, significant impacts to the preserve may result. Therefore, the Wildlife Agencies are concerned that the project may not be fully anticipating the brush management needs for this project. As we previously mentioned, the HMP states, "Where new development is planned, brush management will be incorporated within the development boundaries, and will not encroach into the preserve." In the final MND, please: clearly identify the brush management needs for this project so that consistency with the standards of the HMP is evident, and there is some reasonable assurance that extending the brush management zone will not be necessary. 9. We recommend that fencing plans be approved by the USFWS and CDFG prior to approval of final landscape plans. The plans should include the location of fencing between open space and the development and along the trails, in addition to the type of fencing to be used. During a January 8, 2003, meeting, Mr. Don Rideout suggested that split-rail fencing and interpretive signs be placed along either side of the trails within the open space. We recommend that the ffnal MND incorporate this mitigation measure 10. Dates in the noise mitigation measure o·n page 23 of the MND should be changed to February 15 through August 31, in order to avoid impacts to breeding gnatcatchers. 11. To avoid a 12,000 square foot impact to the hardline preserve, we recommend relocating the proposed sewer pipeline. 6 Anne 'Hysong -Re: Shelley Project From: To: Date: Subject: Anne, Liz Ketabian Anne Hysong 03/10/2005 5:32:30 PM Re: Shelley Project I've got a copy here in my office of the Mark Up that was delivered to Bob and will be sending over to you tomorrow and to Clyde. Palomar just dropped them off this afternoon. I am typing up the comments that mimmick the comments on the sheets to send along to both of you. I noticed that the plans on the front indicated that this set I just reviewed was sent to Planning December 16. Is that correct? If that is the case then Bob may have the impression that I had a copy of this latest set that I received a couple of weeks ago and I've been sitting on them since then. He should have sent me a review set too and that way I could have turned these around much earlier. I let him know that from now on he should send me a set of plans whenever he sends anything over to Engineering or Planning for review. I received this concept last week from ADL . It is not developed enough to give the contractor any idea of what the trail surface should be. I'm sorry if Bob thinks that this is too much detail. If he wants to keep things moving forward Clyde would you allow that the grading plans could indicate the level of detail that I've indicated to be incorporated on the grading plans? And just these plans include a note to the effect that the trails shall be improved at the time of mass grading in accordance with the trail details shown on the approved Grading Plans. Call me and let me know what you think? The note could be something to this effect: Trail Improvements for this project shall be shown on the project grading plans. At a minimum the 1 0' public trails shall be free of deleterious materials. vegetation, ruts and large stones and shall include minor grading to provide positive drainage in the direction of the watershed. In addition the trail surface shall receive a stabilizing treatment in accordance with Polypavement stabilizer manufacturer specifications for trails and golf cart paths. Trail Signage shall be installed in accordance with the City Trail Standards in locations shown on the Landscape Plans. A copy of the Trail Signage requirements for Citywide Trails can be obtained from the Recreation Department by contacting Park Planning at the City of Carlsbad Recreation Department at 760-434-2978. I've attached a few photos of the old farm roads that are to be the trails to give you and indication of the existing conditions. Let me know what you think. Liz »> Anne Hysong 03/1 0/05 2:54 PM >» Hi Liz, Yes, I am counting. I just talked to Bob Ladwig, who isn't very happy about all the detail you are asking for. I told him things have just evolved with trails so that we now want to see the details on the plans. He is sending your request to Tony Lawson to incorporate into the plans. The project engineer is Clyde Wickham and the new planner will be Van Lynch. I will make sure your comments are in the Shelley file. Talk to you soon. Anne >» Liz Ketabian 03/1 0/05 11 :50 AM »> Anne Who is the City project Engineer for Shelley? I've done the mark up of the plans but want to type a summary in a memo sheet by sheet to you so whomever gets handed this project after your retirement has an understanding of what went before. I'll also send a copy to Bob Ladwig. Page 1 ---------- 201 TRAIL EASEMENT +1-10 1 TRAIL VARIES SPEC.IFIC. TRAIL LOC.ATIONS AND ~IDTHS SHALL UTILIZE EXISTING PATHS AND NATURAL SURFAC.ES ~HERE POSSIBLE AS - THE HIGHEST PRIORITY. TRAIL IMPROVEMENTS SHALL BE MINIMAL AND NOT INC.REASE C.AUSE FOR UNDUE DUISTURBANC.E AND /OR EROSION TO NATIVE AREAS. NATIVE AREA TRAIL NTS • Anne Hysong -Shelley MND From: To: Date: Subject: Anne, <Benjamin_Frater@fws.gov> <ahyso@ci.carlsbad.ca.us> 03/09/2005 2:33:07 PM Shelley MND We will be providing comments for the Shelley MND jointly with Fish and Game. The State Clearinghouse gave Friday March 11 us a closing date for comments. However, we just noticed that the MND reports a different closing date (today, March 9). Since at this point we cannot meet the closing date reported on the MND, please be aware that we will be responding by the State Clearinghouse deadline. Thank you. Ben Benjamin Frater Fish and Wildlife Biologist U.S. Fish and Wildlife Service 6010 Hidden Valley Road Carlsbad, California (760) 431-9440 x310 CC: <NFrost@dfg.ca.gov> Page 1 Anne Hysong March 1, 2005 City of Carlsbad RE: Notice of Intent to Adopt a Mitigated Negative Declaration Shelley Property GPA 03-11/ZC 03-09/CT 02-17HDP 02-08 Dear Anne, At our meeting in October, 2004, with Ben Frater (USFW) , we di~cussed and came to an agreement on clearing times and surveying for gnatcatchers and raptors. You have accurately included those comments on Page 21 "Direct Impacts/Mitigation" 1n the MND. On page 23, in the discussion of "Noise" I would like to suggest some alternate language to provide clarity for the first and third paragraphs. I believe that the first paragraph, beginning with; "Noise: No construction activity ....... " and the third paragraph beginning with; "Blasting at the site shall. ...... " should be combined and replaced with the following: "Noise: No active grading or blasting shall occur within 300 feet of an active gnatcatcher nest or 500 feet of an active raptor nest unless measures are taken to reduce noise levels to less than 60 dB. This is compatible with the HMP and no significant impacts are anticipated. " I think this change is more concise and would make it easier for everyone later on, to clearly know what is required. The second paragraph in the "Noise" section; "Rock crushing activities ...... " is all right the way it is. ,_ .. Also, on page 39, there is a typo following the response to; "g) Comply with federal, state, and ....... 11 In the 2nd line of; "No Impact (f & g), 11 the project is listed as 48 lots instead of 49. Sincerely, For Chuck DuVivier ' LADWIG DESIGN GR PROJECT FACILITY AVAILABILITY FORM 9 WATER Please type or use pen ORG ____ _ ACCT ___ _ Owner's Name Phone ACT------------- Owner's Mailing Address Street TASK ___ _ r"' c.:.~-\.tO-.> C.f\ City State Zip DATE ___ _ AMT$-------- 0/STRICT CASHIER'S USE ONLY SECTION 1. PROJECT DESCRIPTION TO BE COMPLETED BY APPLICANT A. ~ Major Subdivision (TM) n Specific Plan or Specific Plan Amendment _ Minor Subdivision (TPM) 0 Certificate of Compliance: _______ _ Assessor's Parcel Number(s) {Add extra if necessary) Boundary Adjustment L . M. + ~ Rezone (Reclassification) from R toRt-0 S zone. _ Major Use Permit (MUP), purpose: ------------r--Time Extension ... Case No. _____________ _ Expired Map ... Case No.--------------- ~- Other ___________________ _ 8. ~ Residential .............. Total number of dwelling units J.f '1 Commercial ............. Gross floor area __________ _ Industrial ................. Gross floor area __________ _ Other ....................... Gross floor area ___________ _ :J... :l.. 3 J..2J 0 b i 0 " f r--·--- r_Q_ L 0 2... 1----1-- Thomas Bros. Page I I '-(8 Grid__Q_b__ C. Total Project acreage Ci Total number of lots 5 :l Project addressfnl r{ <'A 'IV\~"'-' ,Jt\.¥\ ,-~0 \ Street · O.ls the project proposing the use of groundwater? DYe~ No C\t y t>f C.ci.\'" \s b~ A Is the project proposing theJuse' of reclaimetd water?f· ~ es 0 No comm<flity Plan~ing Area/Sub;egion Zip Owner/Applicant x'OO\t~ all necessa.y onst~'ction costs, dedicate all district required easements to extend service to the project and .j , ( C9MP E~E ~ 7L ~ONDITIONS REQUIRED BY THE DISTRICT. ' Applicant's Signature: \. r" ' Date: f \Jr ",bO l ).()OS: ':l --..-v v ... -f Address: O<:>)t' 23063~ Eb'-•\.,._· '-t"'-S 1 C." ~l.OJ.3 Phone:OS'S-JS'~ -~6l/-6 (On completion of above, present to the water district to establish facility availability. Section 2 below.) SECTION 2. FACILITY AVAILABILITY TO BE COMPLETED BY DISTRICT 1--------------------------------------------- District name _ ___,.O"'Ii..,IJ41~kal...,_,' '"--1 _______,_H,...,W"'--"'i:)'--------------Service area <,..)C:M,.< 8 -1- A.~ 0 0 0 B.ri] Project is in the district. Project is not in the district but is within its Sphere of Influence boundary, owner must apply for annexation. Project is not in the district and is not within its Sphere of Influence boundary. The project is not located entirely within the district and a potential boundary issue exists with the _________________ District. Facilities to serve the project BlARE DARE NOT reasonably expected to be available within the next 5 years based on the capital facility plans of the district. Explain in space below or on attached ~ (Number of sheets) 0 Project will not be served for the following reason(s): -------·-----------------·------· _____________ _ C.O District conditions are attached. Number of sheets attached: ,:3 -=-----0 District has specific water reclamation conditions which are attached. Number of sheets attached:____ _ ___ _ 0 District will submit conditions at a later date. D.O How far will the p;-.,.11,.. ~<s-\ have to be ext,..,dGd to serve the project? ________ :r~~---------------·---------______________ _ This Project Facility Avait"aoll\1\/t-orn'l is valid until fiflal ditcretionary action is taken pursuant to the application for the proposed project or until it is with~•.,wnU ·~·~.,<,( b i;hortf'r exni-atiorl date is otherwise noted. Authorized signature:_ ,~,.,JJ~---Print name: l(a::!~'€;-A.J·i _ _ _____ _ Printtitle: £1~1aud/\t" 11-.oC~:it!l,;l/n(" Phonc_lltC··w·;:~.--<t(,~..tl. ate: ~-.;~,bt--'6 ____ _ ,. NOTE: THIS DOCUMENT IS NOT A COMMITMENT OF SERVICE OR FACILITIES BY THE DISTRICT. OUVH--U fAIN On completion of Section 2 by the district, applicant is to submit this form with application to pr·cu. ··n the Zoning Counter at the Department of Planning and Land Use, 5201 Ruffin Road, Suite B. San Diego, CA 92123. fEB 22 2005 DPLU #399W (7/t/04) '--------- 1 . • ·' I ~ ~- Board of Directors • • • General Manager David C. McCollom Deputy General Manager Harry Ehrlich Assistant General Manager Kimberly A. Thorner General Counsel Wesley Peltzer Robert F. Topolovac, President Susan J. Varty, Vice President Thelma M. Miller, Treasurer Harold L. Gano, Secretary Mark Muir, Director OL~ Municipal Water District 1966 Olivenhain Road, Encinitas, California 92024 I Phone (760) 753-6466 I Fax (760) 753-1578 February 25, 2005 www.olivenhain .com ''··- City of Carlsbad Department of Public Works 1635 Faraday Avenue Carlsbad, CA 92008-7314 Re: Tax Assessor's Parcel Nr. 223-061-01-00 223-061-02-00 Subject: Water Availability Letter I Fair Oaks Valley, LLC The fee owner, Fair Oaks Valley, LLC (Applicant), has requested the District to provide a Water Availability Letter for the property identified above for a proposed project Applicant described as: Major Single Family Residential Subdivision. This property is in the District and eligible to receive domestic service at this time. The District has or will have adequate facilities in this area. There is or will be capacity in these facilities to serve the proposed project at the time requested. Water service is or will be available at the time requested at a minimum of 25 psi pressure at the District's main under normal operat- ing conditions and upon completion of all necessary facilities, including any required onsite and offsite water lines, appurtenances, or facilities as required and noted below, in the District's sole discretion. However, all water received by the District is imported from other agencies. Accord- ingly, there is no guarantee that water will be available when service is requested. The District has been requested to furnish a staff estimate, based on current conditions, of the availability of water service in this area. This letter is issued for planning purposes and is not a representation, express or implied, that the District will provide service at a future date. Com- mitments to provide water service are made only by the District's Board of Directors and are sub- ject to the applicants compliance with the Districts' fees, charges, rules and regulations, the En- -vironmental Quality Act of 1970, as amended, and the applicants' agreement to construct any required onsite and off site facilities together with the applicant's providing security as required by the District for construction of those facilities. The issuance of this Water Availability Letter does not grant the applicant any water rights. The applicant does not secure a right to water until application for service is made and approved by the District, and the applicant has complied with all requirements of the District. ' A Public Agency Providing Water • Wastewater Services Recycled Water : Hydroelectricity Elfin Forest Recreational Reserve Pure Excellence ~ •' I Water Availability Letter e Project: Fair Oaks Valley, District WO# 556600 The failure of the applicant to pay any fee or charge of the District's when due, or to comply with other requirements of the District, shall entitle the District to unilaterally terminate this Wa- ter Availability Letter, and all further rights of the applicant to water service. Improvement fees, when applicable, are paid to the District to reserve future water service for the project contingent upon the applicant paying all fees and charges and complying with all re- quirements of the District. The payment of all improvement fees by the date they are due is an express condition precedent to any right of the applicant to receive future water service. The fail- ure of applicant to make any improvement fee payment by the date it is due shall automatically terminate the right of applicant to receive future water service and no previous improvement fee payments paid by the applicant shall be refunded. Reinstatement of the water commitment re- quires applicant to remedy any defects or deficiencies and payment of fees and charges applica- ble, as determined by the District, in its sole discretion. This commitment to water service availability is conditioned on the following requirements and/or limitations: 1. Availability commitments by the District to serve water are personal to the par- ticular applicant to whom the commitment is made and pertain solely to the proposed project as described by the applicant. Commitments do not run with the land and are not transferable by the applicant to another owner or project without prior written approval from the District. 2. Payment of all improvements fees, as appropriate, when due in accordance with District Ordinance 276, or successor Ordinance, not attached hereto, but incorporated herein by reference. 3. Applicant is required to have a hydraulic analysis done by the District's consulting engineer to ascertain the impact of the project on the District's water system. 4. Applicant is required to provide all fee and easements as required for construction of onsite and offsite facilities as required by the District, in its sole discretion. 5. Applicant is required to construct all onsite and offsite facilities as required by the District, in its sole discretion. 6. Applicant is required to execute District Agreement for pipeline construction and furnish all necessary documents for insurance, bonding, and pay all District's charges as they are invoiced. 7. In accordance with District Assessment District 96-01, not attached hereto, but incorporated herein by reference, lots of Y2 acre or less may have a ~ inch meter installed unless owner chooses to upgrade the meter and pay the additional fees and charges. Lots greater than Yz acre but less than 3 acres require one-inch meters to be installed. Lots in excess of 3 acres re- quire a minimum 1 Yz inch meter to be installed. Larger meters may be required by the District, in its sole discretion. If it can be demonstrated that lots of a given area are not useable in gross, a devia- tion in meter size may be made with the concurrence of the District Engineering Manager. 2 Water Availability Letter e Project: Fair Oaks Valley, District WO# 556600 8. The District may require l~ger meters than the Assessment District 96-01 lot size criteria would dictate if the individual residence requires water service greater than can be ac- commodated by the standard % inch meter irrespective of the lot size, in its sole discretion. 9. Applicant is required to comply with District Ordinance 280 for the mitigation of impacts to the District's Assessment District 96-1. Ordinance 280 requires an executed agree- ment to request increased ED Us that this project requires. The Applicant is responsible for pay- ment of all fees and charges as outlined in the executed agreement This letter of water availability pertains solely to the proposed project as described by applicant, is not transferable to any other project, and is not transferable to any other owner or developer without written permission of the Bo~d of Directors of the District. Any purported transfer, sale, or assignment of this Water Availability Letter without the prior written consent of the District renders this letter null and void. February 25, 2006 without an approved tentative map; (2) termination of any tentative map; (3) termination of any final map; or ( 4) five ye~s from the date of recordation of any final map. OLIVENHAIN MUNICIPAL WATER DISTRICT sy: c-~o~ ---K~~=e~n~CSt~g=a=w~a------------------------ Engineering Coordinator 3 e Ci February 22, 2005 BOB LADWIG LADWIG DESIGN GROUP, INC. 703 PALOMAR AIRPORT ROAD, SUITE 300 CARLSBAD, CA. 92009 • RE: SHELLEY PROPERTY, REQUEST TO PURCHASE HOUSING CREDITS Dear Bob: As we discussed on January 27, 2005, the Housing Policy Team has agreed to support the purchase of 9 housing credits (in Villa Lorna) by the Shelley Property owner (Cf02-17) to meet the development's inclusionary housing requirement. Per your request, this letter is provided as written confirmation of that previous telephone conversation. For clarification purposes, I wanted to share with you how the requirement is calculated if the property owner satisfies the inclusionary requirement off-site (through purchase of housing credits in Villa Lorna). The calculation as set forth in the inclusionary housing Ordinance is as follows: 49 total housing units -:-.85 = 58 total units 58 total units X 15% = 8.7 units, which is rounded to 9 whole units If the property owner changes his mind and decides to meet the inclusionary housing requirement on-site, the requirement will be for 7 units. The purchase of credits as well as second dwelling units are identified as an "alternative" in the inclusionary housing ordinance. All "alternatives" must be ultimately approved by the City Council before they are final and can be used to satisfy the requirements. The Shelley Property owner's request to purchase credits will be forwarded to the City Council for approval. If the Shelley Property owner later decides to meet the requirement through the use of second dwelling units, a site development plan will need to be approved to identify the sites for the units within the Shelley development. If you have any questions regarding this correspondence, please give me a call at (760) 434-2815. DEBBIE FOUNTAIN Housing and Redevelopment Director C: Anne Hysong, Project Planner/ 2965 Roosevelt St., Ste. B • Carlsbad, CA 92008-2389 • (760) 434-2810/2811 • FAX (760) 720-2037 @ Web e • FILE COPY City of Carlsbad IQ@Ibhl.t.i•J§.FIIII,I§hl January 31, 2005 Bob Ladwig Ladwig Design Group Suite 300 703 Palomar Airport Road Carlsbad, CA 92009 SUBJECT: GPA 03-11/ZC 03-09/CT 02-17/HDP 02-08-SHELLEY PROPERTY The Planning, Engineering, and Fire Departments have completed their review of the revised tentative map. Please address the following issues and/or make the following corrections on the plans prior to your next submittal. The revised environmental impact assessment is attached for your signature. Resolution of the remaining issues and a 30 day public review of the Recirculated Mitigated Negative Declaration must be completed prior to scheduling the project for public hearing. Planning: 1. Please show the 1' -4' high berms that will be required in combination with 6' high noise walls on Lots 12 through 19. The maximum permitted wall height is 6'; however, the Noise Assessment indicates that 7 - 1 0' barriers are necessary to mitigate exterior noise levels to 60 dBA CNEL. 2. Please add lot dimensions to Sheet 3 of 18. 3. There is a slight discrepancy in acreages between the total Open Space acreage shown on Sheet 2 and the numbers shown on Sheet 15. Sheet 2 indicates the total Open Space acreage is 55.42 acres, however, the total hardline OS on Sheet 15 indicates 52.87 acres excluding 1.88 acres for trails, which totals 54.75 acres. 4. Landscape Plans, Sheet 7: Please revise the Legend as follows: Theme Wall/Soun-d Wall. This will clarify that they are the same. 5. Landscape Plans, Sheet 6: Please revise the Landscape Maintenance Plan to show HOA maintenance of the flat area within the property lines of Lots 27, 28, and 29 adjacent to the SDG&E easement, and the down slope areas of Lots 17, 18, 19, and 39. These areas should be vegetated with non-invasive species in accordance with the Mitigated Negative Declaration. 6. Lots 20 and 21 should have the same side yard setbacks on both sides. Please ensure that lot dimensions at property lines are accurate: for example, the front lot line of Lot 22 is not 90' in width; Lot 36 is not 75' in width; Lot 37 is not 81' in width. 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us (i) • • 7. Please remove any plant species from the proposed Plant Palette on Sheet 1 of the Landscape Plans that is included on Lists A & B of the California Exotic Pest Plan Council's list of "Exotic Pest Plants of Greatest Ecological Concern in California as of October 1999." This list includes such species as California pepper and olive trees and myoporum ground cover which are proposed on the current plan. 8. Please address comments from Larry Black on the attached Landscape Plan check print. Engineering: 1. The last 2 reviews by the City identified the issue of district service boundaries. Bob Ladwig said he would send LAFCO documents to validate the proposed annexation to Leucadia County Sewer District. The validation from Olivenhain Municipal Water District should also be provided (Service Letter and conditions of approval for the proposed project. Again, please submit supporting information for sewer and water district service. We have received the confirmation letter from Leucadia Wastewater District but nothing from Olivenhain. 2. Summary information required on the cover sheet must be provided. Storm Drainage information (total CFS), Wat~r Demand (GPD), Fire Flow Demand (GPM) and Grading Quantities need to be provided. We understand we could dig into project details and reports for this information but up front on the cover sheet helps all involved in reviewing and discussing this project. 3. Proposed Lots A, B, and C should be numbered as #50, 51, and 52. Lots shall be numbered consecutively with corresponding or proposed phases, that is lot 44 cannot be in phase 2 and lot 21 cannot be in phase 3 because of out of sequence numbering. 4. The recent design on Sheet 2 regarding low flows to drainage should address peak flows from the 1 00 year storm event. Flows greater than the first flush or the 2-5 year event could overflow into a more direct course to the existing watercourse. 5. Please add comment to "see sheet 6" where it applies for continuation of Camino Junipero (formally Melrose Drive). Please add slope and future grading information similar to what is shown on sheet 6. 6. The proposed street grades shown on sheets 9 thru 13 should include intersection information as well. Intersections should not exceed 6% per the City's Standards. 7. The preliminary SWPP identified the use of "Clip-On" filters or "Filter Inserts" as a best Management Practice. We have received information from the Regional Water Quality Board in San Francisco that asks designers to steer away from inserts as a solution and to look further to other methods. Ideally a few CDS or Vortechnics Units located in a couple of places would be a preferred solution and less maintenance than a dozen inserts. 8. The proposed trail should include a typical cross section on sheet 2. (Note: This report identifies fire protection issues associated with the project, and/or prescribes specific corrections or information needed to achieve Fire Department approval.) • • 1. Fire Department shall condition all lots except 6, 9, 10, 11 thru 16, and 40 thru 49 with the following requirements: Each of the aforementioned lots shall be constructed with one-hour Fire Resistive construction on the aspects that face the Fire Protection Zones where these zones encroach inside of the PL. All subsequent submittals shall indicate the following: • Carlsbad Fire Department (FIRE) shall require that all lots that abut the Fire Protection Zones be constructed to 1-hour fire resisted exterior walls and features, rated in conformance with the California Building Code (CBC). Contact the Carlsbad Building Department for approved materials and methods. • Lots that are subject to special conditions shall have the suffix "FR" added to the lot designator and shall be noted by lot number on the title sheet of the working drawings. • Additionally, FIRE shall ask that the following item be included in the final development agreement and CC&Rs: • No combustible patio covers, decks or similar structures shall occur within the first twenty (20)-feet of the aforementioned sixty (60)-foot fuel modification zone unless fire rated··or heavy timber materials are utilized and approval of said materials shall be obtained prior to installation from the City of Carlsbad Building Department. 2. Please note that in accordance with the City's adopted landscape manual, unless the 60-foot fuel modification zone begins at the property line extending outward, Section F.3-2 prohibits tree and shrubs in the first twenty (20)-feet of the sixty (60)-foot zone. This will affect the identified lots. 3. In addition to the above stated requirements, Lots 17 and 24 shall be required to have installed an approved Automatic Fire Sprinkler System. If you have any questions regarding the above comments, please contact me at (760) 602- 4622. Sincerely, ~r/i~_.~ ANNE HYSO~ ·cr Associate Planner AH:aw Attachment c: Clyde Wickham, Project Engineer Greg Ryan, Fire Dept. Gary Barberio .. • Ladwig Design Group, Inc. December 1 7, 2004 RECEIVED Anne Hysong City of Carlsbad DEC 17 2004 CITY OF CARLSBAD PLANNING DEPT 1635 Faraday Avenue Carlsbad, CA 92008 RE: RESUBMITTAL OF THE SHELLEY PROPERTY (LADWIG DESIGN GROUP, INC. JOB NO. L-1005) '. Dear Anne: ... Enclosed per our earlier discussions are six sets each ofthe revised tentative map and landscape plan. In addition, I am including 3 copies of the updated biology report by Rod Dossey, along with the updated noise study that now reflects the proposed rock crusher (see note at the end of this 'letter reference the sound wall requirement). I am also including a copy of the Leucadia County Water District letter dealing with annexations. Additionally, I have included a hydrology study from O'Day, as requested, along with 3 copies ofthe revised hard line map, and 3 copies ofthe slope letter from Geocon indicating that it is all right to eliminate the bench drain in the 3 7-foot high slope adjacent to the west edge of Lot 8. Your most recent comment letter to us was dated August 23, 2004. I will go through your letter, item by item, and respond to each of the numbered conditions. 1. As you requested, we did set up a meeting with the US Fish and Wildlife and the California Department ofFish and Game to discuss the issues relative to them. You were in attendance at that meeting, and, as you recall, we were able to resolve the issues they had specifically, the slope along the easterly edge of A Street, the trail, the old detention basin, and the design and inclusion ofLot 38. Although we do not have anything in writing from them, I think we would all agree that they accepted the design as proposed. 2. Lot 38 has been redesigned to eliminate any retaining wall. 3. We have shown the trail alignment within SDG&E easement. 4. We did discuss the wood fence with the agencies, and it was agreed to not include the split rail fence along the trail because of fire concerns. 703 Palomar Airport Road+ Suite 300 +Carlsbad, California 92009 (760) 438-3182 FAX (760) 438-0173 Anne Hysong December 17, 2004 Page2 5. We have re-aligned the trail in the storm drain and sewer easements so that we have doubled up on uses and have kept the impact to a minimum. We have also removed the note regarding the final location of the trail will be determined prior to final map. 6. We have added fencing along the east side of A Street. 7. We have made the revisions to the Lot lines and setbacks as requested. 8. It was agreed that this does not apply. 9. We agree that the area above lots 27-29 should be HOA maintained. 10. We have corrected up the general plan table. Engineering 1. We have included a letter from Leucadia Wastewater District regarding the annexation. In addition, Olivenhain has completed their hydraulic analysis and we do not have information from them yet. The old letter that we turned in from Olivenhain should suffice for meeting the service letter condition requirement. 2. We have added the slope and site distance issues identified. 3. We have added the utility information requested. Please note that we have identified that there will not be any utility easement on the easterly side of A Street adjacent to the open space. 4. We have made changes to the cross-section in Camino Junipero. 5. We have added the adjacent approvals for the villages of La Costa, including reference drawing numbers. 6. The preliminary SWPP is attached for your review. 7. We have added the utility services for each lot on a typical section on sheet number 2. We have also added the site distance corridors. 8. We have fixed up the drafting for the trail easement. Anne Hysong December 17, 2004 Page 3 Fire 1. The landscape plan shows no combustible fencing within 100 feet of undisturbed natural vegetation. 2. Comment noted about hydrant placement 3. We have added a note on Lots 27 and 39 that automatic sprinklers will be required. We have made all the changes requested and have attached updated biology and noise reports along with hardline maps and bench drain letters. It would be helpful if the environmental review process could begin immediately. Anything you can do now to move the environmental review process along quickly would be appreciated. Note: The sound wall requirement along Camino Junipero is based on the potential volume of 40,000 ADT -assuming some day that the road will be extended to the east of Carlsbad to connect with a similar road. Early in the planning of this project, we obtained written statements from both Encinitas and the County of San Diego that they have no circulation roads in their general plans in this area. Carlsbad traffic volume for 2020 are estimated at 1,000 ADT. At this volume no sound wall is required. Based on this information, we request the sound wall requirement be eliminated. We look forward to your comments, if any, and let me know if you have any questions. Sincerely, LADWIG DESIGN GROUP, INC. ~ Robert C. Ladwig, President RCL:lrd Enclosures cc: Chuck DuVivier (with enclosures) George O'Day HUCADi f WA~T~WAT~R ----..DI~TRICT December 8, 2004 Anne Hysong City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 .OARD OF DIRECTORS ELAINE SULLIVAN, PRESIDENT ALLAN H. JULIUSSEN, VICE PRESIDENT JUDY K. HANSON , DIRECTOR lOIS E. HUMPHREYS, DIRECTOR DAVID KULCHIN, DIRECTOR PAUL J. BUSHEE, INTERIM GENERAL MANAGER 3252-542 Re: Leucadia Wastewater District, Fair Oaks Valley Annexatiou Case No. GPA 03-11/ZC 03-09/CT 02-17/PUD 02-09/IIJ>P 02-08 Dear Ms. Hysong: The Leucadia Wastewater District (LWD) is finalizing the documents required by Local Agency Formation Commission (LAFCO) for the annexation of two parcels into LWD's service district boundary. Currently, the properties identified as APN 223-061-01 and 02 are within LWD's existing sphere of influence but not within the service area. One of LAFCO's requirements for annexation is that the CEQA documents specifically address the annexation. We are requesting that the City of Carlsbad amend the existing CEQA processing by the City of Carlsbad to address the annexation of these two parcels to L WD. Also, please add Leucadia Wastewater District and LAFCO to the distribution list for documents and requests for comments for this project. Enclosed for your information and use are copies of the LWD Sewer Availability Letter and the plat and legal description for the annexation area. If you have questions, please contact me at (760) 479-4101 or Karen Rahner at (760) 479-4151. Very truly yours, Dudek & Associates, Inc. /If~ Ste-,rc Deering, PE L WD District Engineer cc: Frank Reynaga, L WD Bob Ladwig, Ladwig Design Group Chuck Duvivier, Fair Oaks Valley, LLC Ingrid Hansen, LAFCO attachments 1960 LA COSTA AVENUE , CARLSBAD, CA 92009 ·PHONE 760.753.0155 ·FAX 760.753.3094 · LWWD.ORG · INFO@LWWD.ORG EXHIBIT 'A' NOVEMBER 19, 2004 JOB NO.: 041107 LEGAL DESCRIPTION FOR PROPERTY TO BE ANNEXED INTO THE LEUCADIA WASTEWATER DISTRICT THAT PORTION OF THE EAST HALF OF LOT 6 OF RANCHO LAS ENCINITAS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF No. 8 4 8, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 27, 1898, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHEASTERLY CORNER OF SAID LOT 6, SAID CORNER ALSO BEING THE NORTHERLY CITY LINE OF ENCINITAS, THE SOUTHERLY CITY LINE OF CARLSBAD, THE WESTERLY COUNTY LINE OF SAN DIEGO, WITH SAID POINT ALSO BEING A POINT ON THE EXISTING BOUNDARY FOR LEUCADIA WASTEWATER DISTRICT; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID COUNTY LINE OF SAN DIEGO AND ALONG THE EASTERLY LINE OF SAID LOT NORTH 00°51' 38" WEST, A DISTANCE OF 2911.18 FEET; THENCE SOUTH 76°20'53" WEST, A DISTANCE OF 1340.26 FEET TO A POINT ON THE EXISTING LEUCADIA WASTEWATER DISTRICT BOUNDARY; THENCE SOUTH 02°18' 58" EAST, A DISTANCE OF 2644.73 FEET TO A POINT ON THE SAID NORTHERLY CITY LINE OF ENCINITAS AND THE SAID SOUTHERLY CITY LINE OF CARLSBAD; THENCE ALONG SAID LINE NORTH 87°46'47" EAST, A DISTANCE OF 1240.16 FEET TO THE POINT OF BEGINNING. AREA BEING 81.31 ACRES \\ODA YPDCI\civil'jAccts\0411 07\Exhibit A-LWD.DOC () c (/) ......... c 0 ~ :::::1 (/) c 0 u 0 PACIFIC OCEAN EXHIBIT '8' ANNEXATION BOUNDARY J DOUN/Y o;~ SAN D/EDO Or::' Siiiiiil!!!!!!!~~iiiiiiiiiiii.:l~Opo' --' 500' 1r~m WLW gycau '////// SCALE: 1" = 500' LW BOUNDARY___ NOT IN LW LOT UN£ ____ _ CITY UM/JS ___ _ CITY OF OCEANSIDE RCE 32014 OA TE OF PREPARATION: NOVEMBER 2004 2710 Loker Ave West "'<:!-Suite 100 Civil Engineering Planning Processing Surveying -_, 0 Carlsbad, California 92008 0 VICINITY MAP 760-931-noo N Fax: 760-931-8680 ~L----------------N_O_T_TI_O_s_c_~_LE ________________ ~ __ o_d_ay_c_od_a_yc_on_s_utt_a_nt_s._co_m ________________ ~ G: \jobs\2002\041107\0407Z02.dwg Nov 23, 2004 3:09pm XREFS: 04071ofAP: 0407S1R GEOCON INCORPORATED Project No. 06721-12-01 December 7, 2004 Daniel T. Shelley • Post Office Box 230985 Encinitas, California 92023 Subject: SHELLEY PROPERTY CARLSBAD, CALIFORNIA CONSULTATION • GEOTECHNICAl CONSULTANTS RECEIVED DEC 1 7 2004 Ct~NF CARLSBAD lNG DEPT. Reference: 1. Preliminary Geotechnical Investigation, Shelley Property, Carlsbad, California, prepared by Geocon Incorporated, dated November 28, 2001. 2. Tentative Map for Shelley Property, Carlsbad, California, prepared by O'Day Consultants, dated November 29, 2004. Dear Mr. Shelley: In accordance with the request of Mr. Bob Ladwig of Ladwig Design Group, this letter has been prepared to express our opinion regarding eliminating the bench on the proposed cut slope located west of Lot 8. According to the referenced conceptual grading plan, the subject cut slope is approximately 37 feet high with an inclination of 2:1 (horizontal: vertical) and will be excavated into the Santiago Peak Metavolcanic. In our opinion, eliminating the bench will not reduce the factor of safety to less than the required 1.5 for the proposed slope. Should you have any questions regarding this letter, or if we may be of further service, please contact the undersigned at your convenience. Very truly yours, GEOCON INCORPORATED M~on RCE 61803 AS:SW:dmc (2) Addressee (2) Ladwig Design Group Inc. Attention: Mr. Bob Ladwig 6960 Flanders Drive • San Diego, California 92121-297 4 • Telephone (858) 558-6900 • Fax ( 858) 558-6159 February 22, 2005 BOB LADWIG LADWIG DESIGN GROUP, INC. 703 PALOMAR AIRPORT ROAD, SUITE 300 CARLSBAD, CA. 92009 RE: SHELLEY PROPERTY, REQUEST TO PURCHASE HOUSING CREDITS Dear Bob: As we discussed on January 27, 2005, the Housing Policy Team has agreed to support the purchase of 9 housing credits (in Villa Lorna) by the Shelley Property owner (Cf02-17) to meet the development's inclusionary housing requirement. Per your request, this letter is provided as written confirmation of that previous telephone conversation. For clarification purposes, I wanted to share with you how the requirement is calculated if the property owner satisftes the inclusionary requirement off-site (through purchase of housing credits in Villa Lorna). The calculation as set forth in the inclusionary housing Ordinance is as follows: 49 total housing units -;-.85 = 58 total units 58 total units X 15% = 8.7 units, which is rounded to 9 whole units If the property owner changes his mind and decides to meet the inclusionary housing requirement on-site, the requirement will be for 7 units. The purchase of credits as well as second dwelling units are identified as an "alternative" in the inclusionary housing ordinance. All "alternatives" must be ultimately approved by the City Council before they are ftnal and can be used to satisfy the requirements. The Shelley Property owner's request to purchase credits will be forwarded to the City Council for approval. If the Shelley Property owner later decides to meet the requirement through the use of second dwelling units, a site development plan will need to be approved to identify the sites for the units within the Shelley development. If you have any questions regarding this correspondence, please give me a call at (760) 434-2815. Ull~ DEBBIE FOUNTAIN Housing and Redevelopment Director C: Anne Hysong, Project Planner RECEIVED FEB 2 4 2005 ~ LADWIG DESIGN GR 0oy \; _\/ ~ 2_9_6_5_R_o_o-se_v_e-lt-S--t.-. -S-te-.-8-• _C_a_r-ls_b_a_d_, _C_A_9_2-00_8 ___ 2_3_8_9_•_(_7_60_)_4_3_4_--28-1 0_/_2_8_1_1 -.-F-A-X-(7_6_0_)_7_2_0_-2_0_3.Y7 (!) Sent By: WILSON ENGINEERING; 7604380173; Oct-26-04 16:21; e lcadwlt Design Group, lac:. ATIENTION: rftuu. ~/ FAX#: 6°Z -R~~J...-'j Faxmittal JOB# L --!OOJ Page 1/2 PHONE#:-------FROM: Robert C. l.ad·¥:ll.li~i>-7 __ _ cc: LDCI'AX.001 -------------··· .. -·-------- 703 Polomor Airport Aood, Suite 300, Carlsbad, Californio 92009 (760) 438~3182 Fox (760) 438..0173 (\J ---(\1 Q) 0> (ll Cl... .. >-CD +' c. Q) en LAKL~'JJAll, LALJP.UKJVJA FROM : FAX NO. :8587562051 Oct. 20 2004 03:43PM Pi e FAX TO: Anne Hysong FAX 760-602-8559 City of Carlsbad FROM: Chuck and Kate DuVivier 858-756-5646 FAX 858-756-2051 Hi Anne, Thanks so much for participating in the meeting today. I hope we get a hearing date scheduled soon. When I talked to Don Rideout yesterday, I asked about the Equivilancy Findings and about the process. I told him that our biologist, Rod Dossey, has written many Equiv. Findings for the City of San Diego and Don suggested that we have him write them. Let us know if that is what you'd · ·· like to do and we'll get him started. I am also sending the rough minutes that Kate took of our meeting and the bird protection plan with the changed date to Aug. 15. Let us know what we have to do next. Thanks again, Chuck Du Vivier Professional Teams for Complex Projects September 24, 2004 Mr. ChuckDuVivier Fair Oaks Valley, LLC P.O. Box 230638 Encinitas, CA 92023-0638 Engineering, Planning, Environmental Sciences and Management Services Re: Leucadia County Water District Corporate Office: 605 Third Street Encinitas, California 92024 760.942.5147 Fax 760.632.0164 3252.526 Sewer Availability for Fair Oaks Valley, LLC (Tentative Map for Shelley Property) Dear Mr. DuVivier: This is a letter of sewer availability from Leucadia Wastewater District (LWD) for the proposed project located east of the proposed Melrose Drive extension in Carlsbad, APN #223-061-01 and 223-061-02. This area is currently within the District's service area and sphere of influence, however it is not currently within the District boundary. Sewer service is contingent on successful completion of the annexation and sewer plan checking in accordance with the L WD District Standard Specs. A sewer connection and sewer capacity for Fair Oaks Valley is available from L WD at the boundary of the proposed development. L WD has received your request for annexation of Fair Oaks Valley to L WD today in accordance with our meeting of early September 2004. The annexation includes 81.32 acres including 49 residential lots plus streets and open space. The annexation will be processed by L WD and LAFCO in accordance with the current procedures of both agencies. As noted at our earlier meeting, L WD has now combined per-acre annexation charges with the standard capacity fee charges per EDU. The City of Carlsbad will be the lead agency for development planning and CEQA documentation necessary to support the annexation application to LAFCO. L WD Staff will support the annexation to the L WD Board of Directors and to LAFCO. Sewer capacity fees must be paid to obtain sewer permits per residential unit prior to pulling City building permits. Monthly sewer service charges will apply in accordance with District policies thereafter. All fees are subject to periodic adjustment by the Board of Directors on a District-wide basis. Please call myself, Steve Deering, Dudek & Associates, h1c. at (760) 479-4101, or Karen Rahner at (760) 479-4151, or Frank Reynaga, LWD at (760) 753-0155, if you have any questions as the process moves forward. Very truly yours, Dudek & Associates, me. '~~~~ L WD District Engineer cc: Leo Schempp, L WD Field Services Manager Frank Reynaga, L WD Customer Service e e Ladwig Design Group, Inc. September 16, 2004 Debbie Fountain Redevelopment Director City of Carlsbad 2965 Roosevelt Street, Suite B Carlsbad, CA 92008 RE: OFF SITE AND COMBINED INCLUSIONARYHOUSING PROJECT ASSESSMENT WORKSHEET FOR THE SHELLEY PROPERTY (CT-02-17) IN SOUTHEAST CARLSBAD (LADWIG DESIGN GROUP, INC. JOB NO. L-1005) Dear Debbie : Before Craig left the City, I discussed with him the attached Assessment Worksheet for affordable housing for the Shelley Project in Southeast Carlsbad. Our planner for this project is Anne Hysong and you could call her if you have any specific questions about this project. Please review the Assessment Worksheet and we look forward to your response from the committee as to whether we are eligible to purchase credits at the Villa Lorna project as indicated in the worksheet. I would like to point out also that my client is not a builder and that there is a potential that he would sell this project to a builder who may want to use second dwelling units to satisfy his affordable housing requirements. Hopefully your analysis will include this assumption. If you have any questions about the attached request, please give me a call. 703 Palomar Airport Road+ Suite 300 +Carlsbad, California 92009 (760) 438-3182 FAX (760) 438-0173 e e Ladwig Design Group, Inc. Sincerely, LADWIG DESIGN GROUP, INC. ~ Robert C. Ladwig, President RCL:jbk Enclosure cc: Anne Hysong, w/enclosure Chuck Du Vivier, w/enclosure 703 Palomar Airport Road+ Suite 300 +Carlsbad, California 92009 (760) 438-3182 FAX (760) 438-0173 1. 2. 3. 4. 5. 6. Poli:oS? OFF-SITE AND COMBINED INCLUSIONARY HOUSING PROJECT ASSESSMENT WORKSHEET BACKGROUND Applicant Name and Address: Fair Oaks Valley, LLC c/o Chuck Du Vivier P. 0. Box 230638 Encinitas, CA 92023 Off-site or Combined Project N arne: Villa Lorna Description of Project with Inclusionary Housing Obligation: Shelley Project-A 49 Unit -10,000 square foot minimum Single Family development in South East Carlsbad (CT-02-17) Proposed On-site Project Description (if any): The applicant is not a builder. A subsequent buyer/builder may elect to satisfy the affordable housing requirement with accessory (2nd) dwelling units Proposed Off-site Project Description: Villa Lorna Description of On-site Project Constraints: Large Single Family lots-no walking distance services or public transportation Assesslll!nt lorlahoot Page I oft ASSESSMENT CRITERIA 1. Feasibility of the On-site Proposal. a. Are there significant feasibility issues due to factors such as project size, site constraints, amount and availability of required subsidy, and competition from · ects that make an on-site · ASSESSMENT CONCLUSION DOES NOT SUPPORT OFF-SITE PROPOSAL INCONCLUSIVE SUPPORTS OFF-SITE PROPOSAL )( Only 35% of the total ownership (81 +Acres) can be developed based on negotiated HMP hardlines. The remaining 65% is required to be set aside for open space. Because such a large portion of the property is required for open space, the remaining development area is required to support necessary public improvements. b. Will an affordable housing product be difficult to integrate into the proposed market development because of and nrr\rln.r>t )( The Shelley Property has a 10,000 minimum square foot requirement. The units will be at the high end of the market, so small separate affordable units or small attached units would be incompatible No, the owner is a developer and will most likely sell lots to builders 2. Relative Advantages/Disadvantages of the Off-site Proposal. a. Does the off-site option offer greater feasibilitv and cost effectiveness than the on-site alternative, particularly · local assistance? Pol~uS'I Assesslfllft lorkshoot )( )( Page 2 ol42 . . ASSESSMENT CRITERIA ASSESSMENT CONCLUSION DOES NOT SUPPORT OFF-SITE PROPOSAL INCONCLUSIVE SUPPORTS OFF-SITE PROPOSAL The off-site project-Villa Lorna -is an established affordable housing project well located for public transportation and services b. Does the off-site proposal have location advantages over the on-site alternative, such as proximity to jobs, schools, transportation, services; less impact on other etc.? X Yes-Villa Lorna is located adjacent to Carlsbad major job centers Villa Lorna is an existing project d. Does the off-site option satisfy multiple developer obligations that would be difficult to satisfy with multiple X X Yes-At 49 Units, the Shelley _Project affordable housing requirement is 7.35 units (49 x 15%) and is too small for a viable affordable project 3. Advancing Housing Goals and Strategy a. Does the off-site proposal advance and/or support City housing goals and policies expressed in the Housing Element. CHAS and Ordinance? Poll:uS7 Yes-As mentioned, Villa Lorna is a well located project that supports, and implements Carlsbad's housing goals Assessmmt lorkslet X Page 3ol43 ---------------------------------------------------------------------- SUMMARY DOES NOT SUPPORT OFF- SITE PROPOSAL INCONCLUSIVE SUPPORTS OFF-SITE PROPOSAL Based on the above, Villa Lorna would better suit the affordable housing option for the Shelley Project. As mentioned above, a subsequent buyer/builder may elect to satisfy the affordable housing with accessory (2nd) dwelling units Date Considered by Review Committee: Review Committee Action: Action: Poli:uS7 .lssessllllnllorksiliel Pane 4 ol44 e City e of Carlsbad I REI'''' I ;t. I •J§ .,.,, '·'4 ,,, August23,2004 Bob Ladwig Ladwig Design Group 703 Palomar Airport Road, Suite 300 Carlsbad,CA 92009 SUBJECT: GPA 03-11/ZC 03-09/CT 02-17/HDP 02-08-SHELLEY PROPERTY Dear Bob: The Planning, Engineering, and Fire Departments have completed their review of the revised tentative map and the following issues remain. All issues must be resolved prior to proceeding to Planning Commission with a staff recommendation of approval. 1. 2. 3. 4. The USFWS must approve the revised hardline preserve area boundary. Based on their response to the Mitigated Negative Declaration regarding the proposed design and their request to redesign the project so that Lot 38, which is now Lot 39, is relocated, it is necessary to consult with the agencies to resolve the hardline boundary prior to proceeding with the project. Please contact Kurt Roblek of the USFWS and Nancy Frost of CDFG to arrange a meeting so that this issue can be resolved. Lot 38 is shown with a 6' retaining wall along the side property line below a 9' high slope. The TW /BW elevations indicate a 1 0' high wall. The BW elevation for the footing shouldn't need to be 4' below grade. Is this an error? Nevertheless, the wall would encroach into the front yard setback, and it should not be necessary to construct a 6' wall around two sides of the lot. Please reduce the side yard wall to no higher that 3.5' and utilize a higher side yard slope. As previously requested, please show the portion of the trail alignment within the SDG&E easement on the access road to the point were it connects to the trail segment located south of the easement and shown on the latest submittal. The project will be conditioned to require written permission from SDG&E to utilize the access road as a trail. As requested by the wildlife agencies in their response to the project's Mitigated Negative Declaration, please show split rail fencing along both sides of the trail segment located south of the SDG&E easement on the fencing plan. The project will be conditioned to require approval of a trail sign program prior to issuance of a grading permit and installation of trail signage prior to occupancy of future residential units. 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us (!) • GPA 03-11/ZC 03-09/CT 02-17/HDP 02-08 Shelley Property August 23, 2004 Page 2 5. As shown on the attached check print, please revise Sheet 3 to show the trail alignment over the storm drain and sewer easements thereby avoiding the need to further impact the open space with a trail. This is consistent with the environmental impact assessment which states that the trail will be constructed above the sewer alignment.. It has been staff's understanding that the entire trail along the southern and eastern boundaries will utilize an existing path so that no additional grading will be necessary. Please verify. The plans indicate that the final location of the trail will be determined prior to final map. This is not consistent with staff's understanding of the trail location on an existing path. If grading is required to construct the trail, it must be shown on the plan. 6. Please add fencing along the eastern side of the Street "A" as requested by the wildlife agencies and behind all lots abutting the habitat preserve. Wildlife agency approval of fencing between development and the habitat preserve will be required. 7. Lot widths and setbacks are inaccurate on some of the lots. This correction must be made prior to final plan submittal for public hearing. Please review each lot to ensure that the setbacks are based on lot width at the front setback line. Rear setbacks must be corrected as well in that they are calculated based on the lot width and side yard measurements. Rear setbacks should be shown on all lots. 8. }g ~heet 5 of the Landscape Plan should be corrected to show 60' wide fire &'l~suppression zones that are consistent with those shown on the Tentative Map for Lots 33 -38. All plans must be consistent. 9. ~ ;The flat area between the tops of slope and property lines of Lots 27, 28, and 29 ~should be shown as HOA maintenance areas on Sheet 6 of the Landscape Plan. 10. The "Existing General Plan" table on Sheet 1 of the Tentative Map should be revised to reflect the acreage that is currently designated by the General Plan for Open Space. This acreage is not the same as the acreage that will be designated as OS by this proposal, i.e., all of the acreage outside the development footprint. The density column should state the number of units that would be allowed by the RL growth control point of 1 times the developable acreage along with the du/acre calculation. The Constraints Map on Sheet 17 should state the total of 81.38 acres and add a column for Open Space acreage. The developable acreage would then be that remaining after deducting the acreages of open space and steep slope acreages. Please add the "Density" heading to the final column in the Constraints Map table and add the du/acre calculation to this column. This "Proposed General Plan" table should also be shown under the Existing General Plan table on Sheet 1. e GPA 03-11/ZC 03-09/CT 02-17/HDP 02-08 Shelley Property August23,2004 Page 3 Engineering: 1. The last two reviews by the City identified the issue of district service boundaries. Bob Ladwig said he would send LAFCO documents to validate the proposed annexation to Leucadia County Sewer District. The validation from Olivenhain Municipal Water District should also be provided (Service Letter and conditions of approval for the proposed project). Again, please submit supporting information for sewer and water district service. 2. Slopes adjacent to and within the proposed right of way for Melrose Drive north of "A" Street must be shown. Specifically 12 thru 17 must show slope and sight distance issues clearly. Lots 12 thru 17 have slope ends that disappear within the proposed right of way. Lot 17 should show the full 1 02' right of way to align with right of way shown on lot 16. The slope adjacent to lot 17 should be pulled back from Melrose Drive dedication. 3. On the typical cross sections please add the word "utility" in the joint trench callout. We assume you mean SDG&E, phone, and cable TV will use the joint utility trench and that you mean either utility will locate their hand hole, pull box, terminal junction box or transformer, within the 3' wide public utility easement. 4. The Camino Junipero cross section on sheet 2 (correct) shows a 2% cross fall within the public right of way. Sheet 4 lots 12 thru 17 shows 7%, 6%, and 2:1 slopes in various directions. Please correct to show 2% cross fall and no slopes within the public right of way. 5. Show the approved, and developed condition of Camino Junipero from Villages of La Costa. Add the appropriate, reference drawing number. 6. The preliminary SWPP must identify proposed structural BMP's to reduce pollutants into a sensitive drainage basin. The proposed Desiltation Basin will probably have 2 uses. A desiltation basin and after construction a Bio Filter to reduce polluted runoff from this site. Please provide a little more information on the preliminary SWPP and the management (Homeowner Maintenance) or the basin in perpetuity. Add additional description to the desiltation I detention or bio-filter NPDES Basin. If a Preliminary SWPP and SWMP have not been provided please provide one with the next submittal. 7. From our last review we asked that slopes, and driveways must be shown for the proposed lots. Sewer, water and utility service locations for each lot is also required, cleanouts and water meters must be located clear of proposed driveways. Sight distance corridors and slopes, fences and obstructions should also be shown. Bob Ladwig (July 9th letter) there would be a note to cover this concern. I have not found the note. The cleanouts and water meters could be shown on the Typical Lot Drainage Detail. (Add the note Bob spoke of). Slopes, e GPA 03-11/ZC 03-09/CT 02-17/HDP 02-08 Shelley Property August 23, 2004 Page 4 sight distance, and obstructions to each lot should be shown on each respective sheet, there is no note that can cover this issue entirely. 8. The trail and easement linework seems to run together (end of Junipero, 20' OMWD easement, Lot 39 and trail easement. Fire: 1. No combustible (including wood) fencing shall be permitted within 1 00 feet of undisturbed natural vegetation. Please revise the fencing plan by proposing non-combustible fencing in accordance with this requirement at the applicable locations. 2. Fire hydrant placement has been altered throughout (see red-lined check print). 3. Lots 27 and 39 shall be conditioned to require an approved automatic fire sprinkler system. If you have questions regarding the above issues, please contact me to arrange a meeting to discuss. Sincerely, ~-, ANNE HYSONG Associate Planner AH:vd Attachments c: Clyde Wickham, Project Engineer Greg Ryan, Fire Department Chris DeCerbo File Data Entry Planning Aide • Ladwig Design Group, Inc. July 9, 2004 Anne Hysong City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 RE: RESUBMITTAL OF THE SHELLEY PROPERTY (LADWIG DESIGN GROUP, INC. JOB NO. L-1005) Dear Ann: RECEIVED .JUL 0 9 2004 CITY OF CARLSBAD PLANNING DEPT. Enclosed per your letter to me dated January 6, 2004, are 5 sets each of the amended tentative map and the landscape plan for your review for the continuing process of this project. I will go through your January 26, 2004 letter item by item and respond accordingly. Issues of Concern/Planning 1. We have adjusted the slope along the western edge of Camino Junipero so that the sound wall is at the top of the slope which is a minimum of 10 feet westerly of the property line. We also held the toe of slope starting at the 40' setback line on lot 11 and slightly encroaching beyond the 40' setback line for lots 10, 9, and 8. 2. We have added the slope symbol where appropriate. In addition, we have added the bottom and top of wall elevations for the only retaining wall on the project on lot 38. Also 2 to 1 slopes have been identified. 3. We have added fire suppression zones around the whole project where there are lots that are adjacent to natural areas. 4· I'm not sure what you're referring to on the solid double line along the northerly boundary. You may be referring to the line for the existing waterline. 5· Lot 38 is now lot 39. We have proposed a 20' panhandle driveway and more clearly designated the limits of lot 39. In addition, the trail is outside of the lot. 6. We have identified the trail easement, as requested, and shown the connection to the trail in Encinitas. 703 Palomar Airport Road + Suite 300 + Carlsbad, California 92009 (760) 438-3182 FAX (760) 438-0173 Anne Hysong Julyg, 2004 Page2 7. As requested, we have shown the 20' front yard setback adjacent to the side lot line oflot 28. 8. We have identified the access road in the SDG&E easement as a trail. In addition we have noted on the plan that the gate will be removed. g. The word "vesting,' from sheet 17, has been removed. 10. We have added the General Plan Amendment and zone change application numbers in the right hand corner of all sheets. In addition, we have added the General Plan and Zoning Designations on the front sheet. Also, we have added a second constraints table on the constraint sheet. The development area and the open space numbers have changed some and they are identified on the map. 11. We have adjusted the 20' panhandle lot to lot 39 (previously lot 38), in addition we have adjusted the width to a minimum of 35' at a point where the driveway exceeds 150'. 12. We have removed the RV parking open space lot because we are no longer a planned development. In addition, we have replaced the RV lot with a standard residential lot. 13. As indicated, the Zone Change, to R -1-10,000 eliminates the need for the PUD. This is also a formal request to withdraw the PUD application that is currently on file. Please return any fees paid for the PUD application. 14. The fencing plan has been added to the landscape plans. 15. On the new lot 39, (formerly lot 38), we have adjusted the trail easement so that it is within the open space and not within the residential lot. We have not proposed a masonry wall or fence along this boundary and would like to discuss that with you further. Engineering We have made the changes suggested. I would also like to respond to the February 11, 2004 Associate Engineer response to you for completeness and issues reviewed. 1. The project will be served by Olivenhain Municipal Water District for potable water and Leucadia Water District for sewer service. The owner has been discussing with Leucadia and will be applying to LAFCO for the appropriate boundary changes. I will request a copy of the owner's application for sewer annexation. t, - Anne Hysong July 9, 2004 Page 3 • 2. We have shown the 102' right of way designation as requested. In addition, on sheet 18, we have added the slopes and drainage as requested. 3· We have shown the sight distance lines as requested. 4· We believe the earthwork exhibit is now suitable. s. In the typical cross sections, we have indicate the SDG&E, phone, and cable tv junction box locations. We have added notes to clarify the requirements. 6. The engineer will respond to the drainage questions in 1 week, plus or minus. 7. Because we are not plotting any buildings at this time, we have shown a general note for utility locations, to be clear of proposed driveways. 8. We have adjusted the lot line for lots 25 and 26 to be radial. 9· Hopefully we have cleared up the drafting concerns you indicated. 10. The 6o' wide irrevocable offer dedication in the County just to the east of the project does not have a street name. It was simply offered on a County map. In addition to responding to your comments, I am also submitting a letter from Dossey & Associates addressed to Chuck Du Vivier, summarizing the concerns of the wildlife agencies; comments to the mitigated negative declaration. Please review Mr. Dossey's comments, and if you have any questions, please give me a call. We ask that you review the changes made to the project and if you have any further questions, please get in touch. Sincerely, LADWIG DESIGN GROUP, INC. ~· Robert C. Ladwig, President RCL:jbk Enclosures cc: Chuck DuVivier (with enclosures) • Ladwig Design Group, Inc. July 26, 2004 Chuck DuVivier DuVivier Construction P. 0. Box 230638 Encinitas, CA 92023-0638 RE: Vacation (LADWIG DESIGN GROUP JOB NO. L-1 005) Dear Chuck: I will be out of the office on vacation starting on Wednesday, August 4, 2004 and will return to the office on Friday, August 13 , 2004. Sincerely, LADWIG DESIGN GROUP, INC. ~ Robert C. Ladwig, President RCL:jaa cc: Phil Buccola, Buccola Engineering Anne Hysong, City of Carlsbad Clyde Wickham, City of Carlsbad 703 Palomar Airport Road+ Suite 300 +Carlsbad, California 92009 (760) 438-3182 FAX (760) 438-0173 ~- Sent By: WILSON ENGINEERING; March 11, 2004 Chuek DUVivier P.O. Box 230638 Encinitas, CA 92023-0638 Chuck Du Vivier. 7604380173; Aug-3-04 15:21; e 404 ~..._, B .... d •3:2 I Encinllae, C•llif. 92024 (760) -436-0901 F~(760)436-0971 Ann Hysong nom the City ofCarlsbld provided you with a copy oflhe wildlife agency comments to the Miti&ated Negative Declaration for your project in Carlsbad (Asse$sor PBrcels 223-061·01, 02, (CT02-17-shelley property])). The following summarized concerns were raised by the wildlife agencies 1. Equivalency findings (listed in tbe HMP) should be incorporated into the MND narrative and incorporate the following mitigation measures. &luivaJ~y findinp will be prepared and submitted with the MND incorporating the agreccl upon mjtialtion measlU'es. 2. The project needs to avoid the breedina season for nesting birds. in particular they request a rapt or survey prior to the project if it oec::urs between February 1 and August 30. This survey should include SOO feet buffer from the proje<:t area. There is only one raptor Jotally which doesn't nest in trees or cliffs. There are no trees or cliffs on the project site. There i9 no suitable cliff nesting areas within 500' of the site. There are horticultural tree species planted to the south of the project area landscaping adjacent properties and two large telephone poles which could potentially 003\ ~ nests. A i\U'Vey of thtse can be done priol' to .;onJtr'Uetion. While it is unlikely that any raptors will be observed as the number of nesting sites ate very small and there are people using those amiS inteasively. Should a raptor ne!rt be found a 500' buffer is unlikely to have a huae impact on the project as there is akeady a 1 SO' corridor south of the project. The projec,1 agrees to do surveys prior to tb~ start of construction dwinl february to August. If a raptor starts nesting after cons~tion has begun it will be considered to have arrived despite the presence of construcnon a,nd therefore no buffer area will be required. RECE\VED I' LADWIG DESIGN GR l,//t ......... ------------------8 t B ~ ENGINEERING; 7604380173; Aug-3-04 15:21; Page 2 en y: WJ •· • • 1. White taiJed kites were observed by the wildlife aaeneies Oil the property. White tailed kites are relatively common in San Diego County and e.n be seen foraging over almost any property in the ~ Areas oft.he County. Foraaing habi1at will remain once the project is compkted. White tailed kites typically nest in trees. No trees will be removed or inlJ*ted by this project and there will be no irup.;t to any potential white tailed kites nestiDg areas as !bat type of habitat does not QCcur on the property. If there many White Tailed Kites nesting in adjacent developed areas they will be detected during raptor swveys and a soo· buffer established aJ:OUn<l them. No implcts to White Tailed Kites are antieipeted. 4. The north eastern lobe of development needs to be removed nom the project as it constricts the wildlife corridor and creetcs edge effects on the San Diego golden star. The current proposed north eutem lobe of development doesn't constrict the babitat conidor any rno" tbm the original apeed upon b8rd JiDe delincarion. Thercfott there is no increue in corridor constti.c::tion from the current design. The d$overy of San Dieao golden sta.rs in the oripnal development area bas cauHd tbe project to be redesigned eo avoid all but two San Diego Oolden star individuals. UmortUJ~Mcly not aU ~e effects couJd be avoided as the project is already sev~ly re$trictcd in the amount of area it can use. Virtually the entire golden :st.r population is bcina pqserved and a. portion of it is beyond me area of expected eds• effects north of t.be power Jine easement. This will provide a rtaen'oir for potcn.Ual future re-c:olonization of those asees posaibly detrimeo.181ly ~ by edae effecu. This species will be specifically addressed in the management plan for the project. A practice often used to address edge eff~ts is to main1ain a reservoir of protcetcd habitat near those that may be adversely imJ*(ed so that the population can continue ;n a dynamic IUI!Ilfr. This is the approach being proposed for th~ JDIIla8emet1t of this speQics at this site. 5. The wildlife management areas are concancd about fuel management lldivities impacting the San Diego golden star populations. h is true that aU fuel modHication areas are to be eoasidered a part of the impact area for new developments within the HMP. However this site is uniq• because there is ? no Zone (3) fuel modification required as the existing veeetation already l1lfJd$ the ~riteria for a ZOM (3) fuel btealc:. Therefore no impacts would be •tici.pated from clearina as no cleariq is needed. I would restrict the clearing to 1hosc dales suggested by the Wildlife agencies if sometime in the future clearins is roquired for some lQlknown reason. 6. The Wildlife agencies are concerned with how the reduction in nm off from the projec:t will affect the San Diego &olden Slai'S. While there will be reduced run-off across the project site, !be •ea where the golden star occun is upslope: of the majority of 1he project. The majority of the exilting Sent By: WILSON ENGINEERING; 7604380173; Aug-3. 15:21; Page 3/5 watershed for the golden star will remain intact. There is no Jc:nown information which can allow foT mote detailed analySis on the effects of the watenhed reduction of this species. The golden 1tar most likely uses o"lY the water in its immediate growing aJea as it is a bulb and will probably only absorb water that penetrates the soUs top few inches. That means surface run-off and groundwater resources are wtlikely to have a significant effect on this ~ies. 7. The wildlife agencys liSl thrve concerns regarding temporary impacts and temporal mitiption; A.) Annual gras1e5 shouldn't be used in the planting palette, B.) Temporal loss of habitat needs to be mi1ipred. and C.) The detemion basin should be considered a pennancnt impact. A. This is Wlders1ood but there are areas on the project where the impacts being mitigated are to non-native grasslands. We are required to mitigate in kind and in these areas such species will be necessary. Passive rettoration for the oon-OIIf.ivc grasslands has been reeommended because it will allow the potential for native species to appear and prevent the incRBSe in exotic seed load over what is abcady at the site, while accomplishing the objccti~e of mitigating the impacts. B. The project has preserved 31.7 acres ofnon-a..tive grassland$ and is impacting 26.8 acres. The required mitiplion ration is 0.5:1 so 1be proj~ is preserving an excess of 18.3 acres of habitat more than is required for the project. If the estimated 3 acres of temporary impacts were mitipted as pennanent impacts they would only require less than 1.5 acres of additional mitis-tion. As temJ)Q~ imp.::ts are usually mitipuxi at • loW~:r rate than permanent impact there is plenty of mitiption within the current project design to accommoo.te the temporal illlJ)Kts from the proposed temporJU')' sites. C. The nature of the i1llplcts from the detention basin was expressed by Mr. Martin at that meetin~~:. He initially felt that these should be considered permanent impacts. The projt".ct biologist explained to him that the area impaeted was non•native grassland, and that the draiuase ~would not involve Uty concre~e structures and be entirely eanben with •rive riparian trees plated in and around it. The habitat would be richer after the installalion of the basin than before. The project biololist was UDder the impression that Mr. Martin was amenable to the use of temporary impacts for the t.in. If this has chaoged then it may be necessary to meet apin. Ihe habitat oorridor is likely to be more diverae and healthier with the presence of a well designed detention basin than with the CW11!Jlt invasive non-native grassland occupyina the site. 8. A consavation easement needs to be recorded on the dedicated open space. This has always been planned once thte project is agreed upon. ... Sent By: WILSON ENGINEERING; 7604380173; Aug-3. 15:22; 9 _ City of Carlsbad wants a public right of way aceess which the wildlife aeencies would like to see eliminated. This issues need to be ~solved between the City and the Agencies a:s the project doesn't mind whether the right of way remains or is climioatcd. 10. An onsite management plan needs to be written and implemented for the dedicated open ~e. A~ and many of the issues were addressed in the biological report. 11. A biological Monitor should be present during project con.s~tion and implementation of mitiption programs. Aareed. the adjacent areas aren't sufficiently sensitive to wmant constant monitoring, but regular monitoring is recommended. 12. TemporllY fencini needs to be put up prior to clearing and approved by~ biologist Aareed. \ 3. The wildlife agencies want cat proof fencing and no ptes. This requirement will be creating more problems than it will solve. There isn't any fence in tbe world that will stop a detennined cat. ~y by having the trails, mana&elllent plan, and interpretive sips it would better protect the area than any attempt at impenetrable fencing. By creating a proteetcd 9J*e that neighboJ"~:5 value, the neighbors will work to prokel tJ\e area in the long run Whereas attempUIJIIIl impenetrable preserve will build menunent from neighbors and create a siwation where neighbors will resent. vandalize and ienore the preserve area over the long tenn. Better to have controlled ac:cess and trails for the loug term health of the p~e. Access will eventually occur one way or the other and a managed approadt is preferable. 14. All outdoor lighting should be~ aW&y from the ~erve areas. Difficult to enforce over the Joog term but agreed. 15. Exotic species shouldn't be used in landscaping. This was addressed in the biology repon and will be addressed in the rnanaganent plan as well. As for Peruvian (California) peppers, while they are on the Cal Bppc Jist rhey have yet to be shown invasive in San Diego County. However we ~an euily Page 4/5 WILSON ENGINEERING; 7604380173; Aug-3. 15: 22; replace this with other species which are not on the list and their invasiveness unknown. 16. The project may need an SAA agreement and should ask the ACOE for a determination on ilS stat\ls as a Wa\Crs oftbe US being present on tbc project site. The project is aware that it may need an SAA asreement. It hasn't fmalized its plans as yet and will make a detenninatioo of an SAA apeement and or ACOE permit at that time. A qualified biologist dctennined that thc:.re wa$11 't any s~e connc:ction betwten the north·south ckainage on site and navigable waters of the U.S. this means that this drainage on site is an isolated water and not regulated by the Anny Corps of Engineers. lfyou have any questions you can reach Rod Do55ey at (760)-436-0908 CC: Bob Ladwig, Ladwig Design Page 5/5 In Reply Refer To: U.S. Fish and Wildlife Service Carlsbad Fish and Wildlife Office 6010 Hidden Valley Road Carlsbad, California 92009 (760) 431-9440 FAX (760) 431-5902 + 9618 FWS-SDG-3869.1 Ms. Anne Hysong City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 FEB ------------~ CA Dept. of Fish & Game South Coast Regional Office 4949 Viewridge Avenue San Diego, California 92123 (858) 467-4201 FAX (858) 467-4299 Re: Comments on the Draft Mitigated Negative Declaration for the Shelley Property in the City of Carlsbad, San Diego County, California (GPA 03-11, ZC 03-09, CT 02-17, PUD 02-09, HDP 02-08) Dear Ms. Hysong: The U.S. Fish and Wildlife Service (Service) and the California Department of Fish and Game (Department), collectively referred to as the Wildlife Agencies, have reviewed the draft Mitigated Negative Declaration (MND), dated December 26, 2003, for the above-referenced project in the City of Carlsbad (City), California. The City issued a cover letter with the MND that states the public review period is from December 26, 2003 to January 26, 2004. We appreciate that on January 30, 2004, you granted the Wildlife Agencies an extension on the review period until February 2, 2004. The Wildlife Agencies have identified concerns regarding the potential effects of this proj~ct on wildlife and regional conservation planning. The comments provided herein are based on the information provided in the MND and related documentation; the Wildlife Agencies' knowledge of sensitive and declining vegetation communities in San Diego County; and our partic~pation in regional conservation planning efforts. The primary concern and mandate of the Service is the protection of public fish and wildlife resources and their habitats. The Service has legal responsibility for the welfare of migratory birds, anadromous fish , and endangered animals and plants occurring in the United States. The Service is also responsible for administering the Endangered Species Act of 1973, as amended (Act) (16 U.S.C. 1~31 et seq.). The Department is a Trustee Agency and a Responsible Agency pursuant to the California Environmental Quality Act (CEQA), Sections 15386 and 15381,respectively. The Department is responsible for the conservation, protection, and management of the state's biological resources, including rare, threatened, and endangered plant and animal species, pursuant to the California Endangered Species Act (CESA), and administers TAKE PRIDE~~~ INAMERICA~ Ms. Anne Hysong (FWS-SDG-3869.1) the Natural Community Conservation Planning Program (NCCP). The City is participating in the NCCP program by preparing a Multiple Habitat Conservation Program (MHCP) Subarea Plan that is currently in draft form. 2 The 81.3-acre site is located in southeast comer of the City of Carlsbad, southeast of Rancho Santa Fe Road and Melrose Drive along the City's eastern boundary. The proposed project site is bounded by the County of San Diego to the east and the City of Encinitas to the south. The site is surrounded by vacant open space with the exception of a residential development to the south and a future development to the east associated with the Villages of La Costa. The open space to the north is a hardline preserve associated with the Villages of La Costa project. The project proposes 48 single-family residences, one recreation lot, and three open space lots. The project also proposes a detention basin, sewer line, associated access road, and a multi-use trail within the proposed preserve. A 102-foot wide public right-of-way across the preserve area will be required by the City to enable the future extension of Melrose Drive. The property also includes an existing 100-foot wide San Diego Gas and Electric transmission line easement traversing the property in an east to west fashion. The proposed project occurs within the planning area for the Carlsbad Subarea Habitat Management Plan (HMP) and contains a proposed hardline area. The draft HMP categorizes this site as occuning within Core Area 7 of the Focused Planning Area. According to the Biological Resources Report for the Shelly Property (Report; Dossey 2002), the project site is comprised of 13.9 acres of coastal sage scrub (CSS), 6.2 acres of disturbed CSS, and 61.2 acres of annual grassland. Two drainages also occur on site: one in the north and one in the south portion of the property. Sensitive species observed on site include at least two pairs of federally threatened coastal California gnatcatcher (Polioptila californica californica; gnatcatcher), detected during June and July 1999 protocol suweys and a 2001 general biological survey, southern California rufous-crowned sparrow (Aimophila ruficeps), San Diego homed lizard (Phrynosma coronatum ssp. blainvillei), white tailed kite (Elanus leucurus), golden eagle (Aquila chrysaetos), observed by Service personnel, and 1,092 individuals of San Diego goldenstar (Muilla clevelandii). The 26.83-acre project footprint will impact only annual grassland, and a portion of the south drainage. According to the MND and the Report, the south drainage is not considered a jurisdictional waters of the U.S. and no mitigation is proposed for impacts to it. However, the information provided in the MND and Report does not clearly demonstrate that the south drainage is not a jurisdictional waters of the U.S. Therefore, we advise the applicant to contact the U.S. Army Corps of Engineers to confirm the jurisdictional status of this drainage. The MND proposes that the 26.83 acres of impact to annual grassland habitat will be mitigated by the on site preservation of 31.7 acres of annual grassland and the revegetation of 2.02 acres of annual grassland. Two individual San Diego goldenstar are proposed to be impacted by the project with the remainder located in the preserve. The Wildlife Agencies have the following general concerns regarding the proposed project: 1) ensuring consistency with on-going Carlsbad Subarea HMP planning efforts by avoiding impacts Ms. Anne Hysong (FWS-SDG-3689.1) to the federally listed gnatcatcher by implementation of adjacency standards and minimization measures; 2) avoiding direct and indirect impacts to San Diego goldenstar; 3) minimizing and .mitigating project impacts to biological resources; and 4) the right-of-way for the extension of Melrose Drive should be removed from the project. Our specific comments on the proposed project are enclosed and include recommendations to address our general comments. If you have any questions concerning the contents of this letter. please contact Nancy Frost (Department) at 858-637-5511 or Kurt Roblek (Service) at 760-431-9440. Assistant Field Supervi:ror U.S. Fish and Wildlife Service cc: State Clearingl1<•use Sincerely, , ~tfl--{. r William E. Tippets Deputy Regional Manager California Department ofFish and Game 3 Ms. Anne Hysong (FWS-SDG-3689.1) ENCLOSURE WILDLIFE AGENCY COMMENTS AND RECOMMENDATIONS ON THE DRAFT MITIGATED NEGATIVE DECLARATION FOR THE SHELLEY PROPERTY 1. The final MND should incorporate the following mitigation measures and provide a descriptive narrative of how the Equivalency Findings listed in the HMP will be met. 4 2. The breeding season for nesting birds occurs approximately February 15 through August 31, however raptors may begin breeding as early as I anuary. Several bird species, including raptors, may nest in the trees (e.g., coast live oak, riparian forest, and some non- native) and habitat on site. If construction is planned during the bird breeding season, we recommend that the vegetation be cleared prior to the breeding season. Additionally, if construction occurs during raptor breeding season (approximately February 1 to August 30, or July 31 for Buteo spp.), a qualified biologist should conduct a pre-construction survey of the project site and surrounding habitat to determine whether there are active raptor nests within that area.-If an active nest is observed, we recommend that a buffer be established between the construction activities and the nest so that nesting activities are not interrupted. The buffer should be a minimum of 500 feet and should be in effect as long as construction is occurring and until the nest is no longer active. 3. White-tailed kite has been observed on site and is designated as a State fully protected species, which prohibits take or possession of this species at any time (i.e., no take authorizations from the State are available). 4. As currently proposed, the project constrains the open space connectivity and creates substantial edge effects to the on-site San Diego goldenstar population, which could severely threaten its long-term viability. To improve open space connectivity and minimize edge effects to the on-site San Diego goldenstar population, we recommend that the lobe of development in the northeastern portion of the property be relocated adjacent to the east side of the proposed development, and north of the detention basin. The avoided area should be included in the preserved open space. 5. The Wildlife Agencies consider all fuel management areas to be part of a project's impacts, yet a portion of the San Diego goldens tar population, that the MND states will be preserved, occurs within the fuel modification zone. Fuel modification activities in these areas may result in direct and indirect impacts to this species. The final MND should address how the project will comply with the narrow endemic policy in the City's draft HMP. We also recommend that fuel management activities take place between July and November, when the species is not actively growing. Ms. Anne Hysong (FWS-SDG-3689.1) 5 6. The MND states that water runoff will be reduced after the implementation of the project. The final MND should discuss how San Diego goldenstar on the site may be impacted by changes in local hydrology due to the proposed reduction in water runoff after the implementation of the project. 7. The MND states, "Temporary impacts occurring within the preserve area include an area along the southern development boundary that will be graded to construct a portion of a local street, manufactured slopes and an earthen desiltation basin located to the southeast of the proposed development that is about 1 acre in size, and a 12,000 square foot strip (20' x 600') for construction of a sewer pipeline that extends to the southern property line. Except for an 8' wide trail above the sewer line, all of these areas would be revegetated with San Diego County native plant species." yet goes on to state that ''The sewer line impacts will be passively restored to non-native grasslands and the basin would be entirely of earthen construction and revegetated with a combination of non-native grasslands and wetland volunteer species." We have the following concerns: a. Annual (non-native) grasslands should not be used in a plant palette that is intended to be comprised of San Diego County native plant species. b. We recommend that the final MND address how the project will mitigate for the temporal loss of annual grassland habitat and identify what restoration success criteria are being used. c. During a January 8, 2003, meeting with the applicant and City, Mr. John Martin of the Service expressed the Wildlife Agencies' concern that the proposed detention basin is part of the project's permanent impacts that should be mitigated and not included in the calculations of the project's preserved open space. The final MND should incorporate this recommendation. 8. A conservation easement should be recorded on the dedicated open space. The City or an appropriate land manager should hold the easement and the California Department of Fish and Game should be named as third party beneficiary. 9. The City is requiring the applicant to grant an irrevocable offer to dedicate (IOD) an 102- foot wide public right-of-way across the preserve from the eastern project boundary to the eastern property boundary to enable the extension of a General Plan Circulation Element arterial roadway (Melrose Avenue) at some future date. Both the County of San Diego and the City of Encinitas have indicated that their General Plans do not include future circulation arterial roadway connections to a roadway through the Shelley property, and that construction of the roadway is not proposed or required. While we understand that currently there are no plans to extend Melrose A venue through the preserved open space on the Shelly property, we are concerned that the proposed right-of-way would traverse a habitat corridor that has regional importance to wildlife movement and to the ...... -------------------------------------~~ ~-~--~-- Ms. Anne Hysong (FWS-SDG-3689.1) 6 maintenance of ecological function of the open space. The proposed IOD and any other easements (i.e., over the sewer line) within the open space cannot be included in the conservation easement, and should be not be included in the calculations of the project's open space. The Wildlife Agencies support Mr. Don Rideout's (City) suggestion, made during the January 8 meeting, that the applicant apply for a general plan amendment to remove Melrose A venue from the project. 10. The final MND should include the requirement that a monitoring/management plan for the on-site biological open space be prepared and implemented in coordination with the City and Wildlife Agencies. The applicant should identify an appropriate natural lands management organization (subject to approval by the City and Wildlife Agencies) to ensure conservation of biological resources on the on-site preserved habitat in perpetuity. The conservation organization should prepare a management plan, outlining actions that will be taken to manage biological resources on-site. A Property Analysis Record (PAR) or similar analysis should be used to estimate initial start-up costs, and ongoing annual cost, of management activities outlined in the plan. A financial mechanism (e.g., a non- wasting endowment) should be established to ensure that the funding is available to implement the management plan. The natural lands management organization will implement the management plan. This plan, including funding, should be implemented prior to, or concurrent with, the initiation of construction. 11. A biological monitor should be present during project construction and implementation of mitigation programs to ensure that conservation measures, required in the MND and resource agency permits, are performed in compliance with those documents and any concurrent or subsequent mitigation plans. Any unauthorized impacts or acts not in compliance with the required mitigation should be immediately brought to the attention of the City and Wildlife Agencies. 12. Temporary fencing (with silt curtains) should be required in all locations of the project where proposed grading or clearing is within 100 feet of proposed biological open space. Fencing should be placed on the impact side and should result in no vegetation loss within open space. All temporary fencing shall be removed only after the conclusion of all grading, clearing and construction. 13. During the January 8 meeting, Mr. Don Rideout suggested that split-rail fencing and interpretive signs be placed along either side of the trails within the open space. We support this mitigation measure and also recommend that permanent fencing (with signs delineating the area as biological open space) be installed between the biological open space and impact area. Fencing should be designed to minimize intrusion into the sensitive habitats from humans and domestic animals, particularly cats. There should be no gates between the residences and the open space. In addition, we request that the permanent fencing plans be submitted to the Wildlife Agencies for approval prior to use • Ms. Anne Hysong (FWS-SDG-3689.1) 7 and reliance on the final MND. The plans should include the location of fencing between open space and the development, in addition to the type of permanent fencing to be used. 14. In order to reduce the potential for indirect lighting effects from the proposed project, we recommend that all outdoor lighting be shielded and directed away from the open space. 15. The Wildlife Agencies recommend the use of native plants to the greatest extent feasible in the landscape areas adjacent to and/or near mitigation/open space areas. The applicant should not plant, seed or otherwise introduce invasive exotic plant species to the landscaped areas adjacent and/or near the mitigation/open space area. Exotic plant species not to be used include those species listed on Lists A & B of the California Exotic Pest Plant Council's list of "Exotic Pest Plants of Greatest Ecological Concern in California as of October 1999." This list includes such species as California pepper and olive, which were proposed on the July 25, 2002landscaping plan. 16. The Report states that "notification to the CDFG would be required due to the presence of wrinkled rush," yet the MND does not address the need for a Streambed Alteration Agreement (SAA). An SAA may be required by the Department, pursuant to Section 1600 et seq. of the Fish and Game Code, with the applicant prior to the applicant's commencement of any activity that will substantially divert or obstruct the natural flow or substantially change the bed, channel, or bank (which may include associated riparian resources) of a river, stream or lake, or use material from a streambed. The Department's issuance of a Lake or Streambed Alteration Agreement for a project that is subject to CEQA requires CEQA compliance actions by the Department as a Responsible Agency. As a Responsible Agency under CEQA, the Department may consider the local jurisdiction's (Lead Agency's) CEQA documentation for the project. To minimize additional requirements,by the Department pursuant to Section 1600 et seq. and/or under CEQA, the final document should fully identify the potential impacts to the lake, stream or riparian resources and provide adequate avoidance, mitigation, monitoring and reporting commitments for issuance of the agreement. A Streambed Alteration Agreement notification form may be obtained by writing to the Department of Fish and Game, 4949 Viewridge Avenue, San Diego, California 92123-1662, or by calling (858) 636-3160, or by accessing the Department's web site at www.dfg.ca.gov/1600. ' . January 26, 2004 Bob Ladwig Ladwig Design Group e City 703 Palomar Airport Road, Suite 300 Carlsbad, CA 92009 of • :.1 e• ,, ,, • ·'·'•*4 ·t• a •; ·'4 ''' SUBJECT: GPA 0-11/ZC 03-09/CT 02-17/PUD 02-09/HDP 02-08-SHELLEY PROPERTY The items requested from you earlier to make your General Plan Amendment, Zone Change, Tentative Tract Map, Planned Development Permit, and Hillside Development Permit, applications no. GPA 0-11, ZC 03-09, CT 02-17, PUD 02-09, and HOP 02-08, complete have been received and reviewed by the Planning Department. It has been determined that the application is now complete for processing. Although the initial processing of your application may have already begun, the technical acceptance date is acknowledged by the date of this communication. Please note that although the application is now considered complete, there may be issues that could be discovered during project review and/or environmental review. Any issues should be resolved prior to scheduling the project for public hearing. In addition, the City may request, in the course of processing the application, that you clarify, amplify, correct, or otherwise, supplement the basic information required for the application. After responding to the attached issues of concern identified by staff and making any corrections to the landscape plans requested by the City's Landscape Consultant, the City asks that you provide 5 complete sets of the development plans so that the project can continue to be reviewed. Please contact your staff planner, Anne Hysong, at (760) 602-4622, if you have any questions or wish to set up a meeting to discuss the application. Sincerely, MICHAEL J. HOLZMILLER Planning Director MJH:AH:bd c: Chris DeCerbo Clyde Wickham, Project Engineer File Copy Data Entry Planning Aide 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @ l ISSUES OF CONCERN No. GPA 0-11/ZC 03-09/CT 02-17/PUD 02-09/HDP 02-08 Planning: 1. Please propose an average of 50% of the 40' setback along Camino Junipero (west side) and locate the sound wall behind the landscaped area so that landscaping is visible from the roadway. The wall may not be located immediately behind the sidewalk. 2. Please use the slope symbol where appropriate to easily identify slope inclines/declines and label all contour lines. Please show all proposed retaining walls and give 8/W and TIW elevations. There are dashed lines throughout the plans that are not labeled. Please identify all 2:1 slopes with the appropriate symbols. 3. Please show the fire suppression zone outside the lot boundaries of Lots 29, 30 and 31 and 33 -37. The lots proposed with the entire fire suppression zones within the Lot boundaries will be required to dedicate an open space easement to the HOA and restrictions must be incorporated into the CC&Rs. Notes that an open space easement is to be granted to the HOA will be required on the final map. Additionally, future units on these lots will be required to include patio covers that are designed into the homes and located outside the fire suppression zone. 4. There is a solid double line along the northern subdivision boundary separating the subdivision and Lot C and Lots C and Lot D. What does the most westerly solid line represent? 5. The proposed boundaries of Lot 38 are unclear. Are you proposing this as a 20' wide panhandle driveway? If so, where does it start? The proposed trail should be outside the lot boundaries so the rear and eastern lot lines should be drawn to exclude the trail easement. What does the dotted line through the lot represent? 6. On Sheet 3, please better define the trail easement so that it is clear that it follows the access road and connects to the lower trail/Encinitas trail at the southern boundary. Otherwise, remove this portion of the trail from the plans. 7. For Lot 27, please show.a 20' front setback from the side property line of Lot 28. 8. The proposed trail system through the property should include the trail through the northern open space. Please identify the SDG&E access road as a trail to the point where it connects to the subdivision area. Please indicate that the existing gate located at the property line on Sheet 7 (trail connection) will be removed so that access to the trail from the adjacent open space is possible. Why are you separating the tail easement into two 1 0' segments? 9. Remove the word "Vesting" from the title of Sheet 17. 10. Please add the GPA and ZC applications to the upper right hand corner: GPA 03-11 and ZC 03-09. Please change the summary information as follows: the "proposed" GP designations to RLM and OS and the "proposed" zoning to R-1-10,000 and OS. Provide a second constraints table showing the developable area acreage (the area not proposed as OS) and the proposed density on those unconstrained acres using the growth control point for the RLM designation (3.2 du/acre). According to the information provided for the environmental review, the area to be redesignated would be 26.83 acres minus 2.02 acres that will be revegetated and included in the Open Space= 24.81 acres. 11. The 20' wide panhandle driveway proposed for Lot 38 may not exceed 150' in length. Access driveways comprise the portion of the lot that is 35' or less in width. Therefore, please widen the lot to the minimum of 35' at the point where the driveway exceeds 150' in length. 12. The panhandle driveway mentioned above is proposed to provide access to the RV/recreation lot. The RV lot must receive access from either a private street (if a planned development permit is proposed), or a public street. (See Item 13 below). 13. The zone change to the R-1-10,000 zone eliminates the need for a Planned Unit Development permit for this project. Please withdraw the PUD application. 14. Please include a fencing plan in the landscape plans that provides a detail of all fencing proposed throughout the subdivision. 15. Please locate the rear lot line of Lot 38 so that the 20' trail easement is located within open space and not within the residential lot boundary. A solid masonry wall/fence along this boundary and side boundaries of Lot 38 should be proposed to ensure privacy. Engineering: Engineering comments will be forwarded under separate cover. Fire: Relocate the following Fire Hydrant (F.H.) assemblies- 1. F.H. on "F" Street 95 linear feet north and east near the handicapped ramp. 2. F.H. on "E" Street to Lot line between lots 9 and 10. 3. F.H. on"A" Street to southwest corner of "A" and Camino Junipero. 4. F.H. on "8" Street at property line of Lots 13 and 14 to corner adjacent to Handicapped ramp. 5. F.H. on "8" Street at PL of 19/20 to 20/21. 6. F.H. on "8" Street at PL of 22/23 to 23/24. Delete the following proposed F.H. locations: 1. F.H. on "A" Street adjacent to Lot 12. 2. F.H. on "8" at PL of 24/25. Add one (1) F.H. on Camino Junipero at the Southeast corner of "D" Street and Cam. Junipero. No hazardous fuel (wildland) conditions appear to exist. All street and access paths appear to conform to City standards, no comment or conditions at this time. January 9, 2004 City of Carlsbad Attn: Anne Hysong, Associate Planner 1635 Faraday Avenue Carlsbad, CA 92008-7314 • Mike Howard 1742 Catalpa Road Carlsbad, CA 92009 (760) 603-8662 Subject: Formal Comment on the Proposed Shelley Property Project Dear Ms. Hysong: Thank you for providing the opportunity to comment on this proposed project. The following is a list of comments and concerns I have after reviewing the file for the proposed Shelley Property Project. 1. A detention basin is planned within the MHCP preserve. The project description does not identify this as a temporary structure, but the biology report, by Rod Dossey, shows the detention basin as a temporary impact. Is this a temporary basin, which will presumably be restored to natural conditions, or is this a permanent basin? If this is a permanent basin, this acreage (approximately 1 acre?) needs to be included in the impact analysis. Additionally if this is a permanent structure, a detention basin is not an appropriate use of land set aside as a biological preserve. The City will need to go through the boundary adjustment process as defined by the MHCP. Because this basin potentially affects the MHCP preserve, Section IV(f) of the Initial Study should indicate a "potentially significant affect" instead of "Less than significant". 2. The landscaping plan for the project includes California pepper trees (Schinus mol/e). These trees are shown planted along the roadway immediately adjacent the MHCP preserve. This species is known as an invasive exotic plant species and is listed in Table 6-1 of the Final MHCP Plan (Volume I) as a species that is prohibited from being planted adjacent to preserves. This species, and any other potentially invasive species, should be removed from the landscaping plan. Shelley Comment Letter e 2 of 2 3. The dedication of a 102' road right-of-way through the middle of the MHCP preserve is a conflicting future use of this land. Although the road will not be built as part of this project, the dedication of the right-of-way is part of the project. The City has not analyzed the potential effects on the MHCP preserve and the wildlife movement through this area from the dedication of this land for a future road. By approving this ROW dedication, is the City designating conflicting land uses? What are the potential affects of the conflicting land uses? 4. The biological report indicates that the project will not have any impacts to jurisdictional areas. The report states that an ephemeral drainage does occur within the impact area, but that this drainage is isolated and is not considered to be jurisdictional, based on the SWANCC case (isolated wetlands). This drainage is likely part of a tributary system that feeds into a navigable waters and is therefore U.S. Army Corps of Engineers jurisdictional. Additionally, if a drainage exhibits bed and bank then it is also regulated by the California Department of Fish and Game (under Section 1603) and the Regional Water Quality Control Board (under Section 401). The proposed project should be required to obtain these permits and mitigate accordingly. Please provide a response to the above comments and concerns regarding the proposed Shelley Property project. Due to the scarcity of the remaining open space lands in Carlsbad and the region, any future development has to be done right. I appreciate your cooperation and I am available to discuss these issues at any time. Sincerely, ~ Mike Howard < ,. • Ladwig Design Group, Inc. January 2, 2004 Phil Buccola Buccola Engineering 3142 Vista Way Suite 301 Oceanside, CA 92056 RE: SHELLEY PROPERTY/ CHANGE OF OWNERSHIP (LADWIG DESIGN GROUP, INC. JOB NO. L-1005) Dear Phil: ~ JAN 2004 PLANNING DEPARTMEIU City Of Carlsbad Effective December 17, 2003 the new owner fo r the Shelley property is Fair Oaks Valley, LLC. I have enclosed a copy of the vesting deed and also an updated title report for your reference. In discussion with Mr. Dan Shelley, your billing through the end of the year should be addressed to Mr. Dan Shelley. Effective January 1, 2004, your billings should be sent to : Fair Oaks Valley, LLC Attention: Chuck Du Vivier PO BOX 230638 Encinitas, CA 92023-0638 Chuck's phone number is 858-756-5646 and his fax number is 858-756-2051. In addition, his email address is duviviersd@aol.com. You have been forwarded the preliminary comment letter from Anne Hysong. We are waiting on comments from Clyde Wickham relating to engineering comments for the tentative map. I would suggest that after we have received the full written comments from the City of the current tentative map, that we get together with Chuck Du Vivier to review those comments prior to resubmittal to the City. Any decisions that are needed relating to the ownership now will be directed to Chuck. 703 Palomar Airport Road +Suite 300 +Carlsbad, California 92009 (760) 438-3182 FAX (760) 438-0173 Phil Buccola January 2, 2004 Page2 If you have any questions about this please get in touch. Sincerely, LADWIG DESIGN GROUP, INC. Robert C. Ladwig, President RCL:ndg Enclosures cc: Anne Hysong (w/3 enclosures) Clyde Wickham (w/ out enclosures) Tony Lawson (w/ enclosures) Rod Dossey (w/ out enclosures) Mike Komula (w/ out enclosures) Dan Shelley (w/ enclosures) Chuck DuVivier (w/ enclosures) • 703 Palomar Airport Road+ Suite 300 +Carlsbad, California 92009 (760) 438-3182 FAX (760) 438-0173 • Cit • -' of Carlsbad ----------~----~~~~~ December 29,2003 U.S. Fish & Wildlife Service 6010 Hidden Valley Road Carlsbad, CA 92009 SUBJECT: GPA 03-11/ZC 03-09/CT 02-17/PUD 02-09/HDP 02-08-SHELLEY PROPERTY The Environmental hnpact Assessment and Notice of Intent to Adopt a Mitigated Negative Declaration for the subject project have been completed and are attached for your review during the 30 day public review period. The 81 acre parcel is located southeast of Rancho Santa Fe Road along the City's eastern boundary in the southeast quadrant of the City. The northern, eastern and southern portions of the site are designated as a hardline preserve area in the City's Draft Habitat Management Plan (HMP). The proposed project results in impacts to 26.83 acres of non-native grassland and proposes to preserve 31.7 acres and revegetate 2.02 acres of non-native grassland onsite. Additionally, 99.8% of the San Diego goldenstar, a narrow endemic plant species requiring preservation in the draft HMP, will be preserved. Due to the discovery of San Diego goldenstar, the HMP hardline boundaries are proposed to be revised to include the goldenstar within the preserve area and to allow a minor development encroachment along the eastern extent of the subdivision (see attached HMP Hardline Exhibit). The revised hardline boundary will result in a net increase in the preserve acreage; therefore, Equivalency Findings in accordance with the HMP must be made. Please be advised that this letter is to notify USFWS that unless notification is received within 30 days of receipt of this letter that the agencies object to the boundary change, the amendment will be treated as automatic. The necessary Equivalency Findings that the change does not reduce the acreage or quality of the habitat have been made; i.e., the preserve area has increased from 52.16 acres to 54.48 acres, and 412 of the San Diego goldenstar that are currently located outside of the hardline preserve will now be included in the preserve area. If you have any questions, please contact me at (760) 602-4622 and/or forward any comments to me by January 31, 2004. Sincerely, ~~ Associate Plaru1er AH:mh Attachments c: Chris DeCerbo Don Rideout Bob Ladwig, Ladwig Design Group, 703 Palomar Airport Road, Suite 300, Carlsbad, CA 92009 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us (i) December 29,2003 California Department ofFish & Game Environmental Services Division 4949 Viewridge Avenue San Diego, CA 92123 SUBJECT: GPA 03-11/ZC 03-09/CT 02-17/PUD 02-09/BDP 02-08-SHELLEY PROPERTY The Environmental Impact Assessment and Notice of futent to Adopt a Mitigated Negative Declaration for the subject project have been completed and are attached for your review during the 30 day public review period. The 81 acre parcel is located southeast of Rancho Santa Fe Road along the City's eastern boundary in the southeast quadrant of the City. The northern, eastern and southern portions of the site are designated as a hardline preserve area in the City's Draft Habitat Management Plan (HMP). The proposed project results in impacts to 26.83 acres of non-native grassland and proposes to preserve 31.7 acres and revegetate 2.02 acres of non-native grassland onsite. Additionally, 99.8% of the San Diego goldenstar, a narrow endemic plant species requiring preservation in the draft HMP, willbe preserved. Due to the discovery of San Diego goldenstar, the HMP hardline boundaries are proposed to be revised to include the goldenstar within the preserve area and to allow a minor development encroachment along the eastern extent of the subdivision (see attached HMP Hardline Exhibit). The revised hardline boundary will result in a net increase in the preserve acreage; therefore, Equivalency Findings in accordance with the HMP must be made. Please be advised that this letter is to notify CDFG that unless notification is received within 30 days of receipt of this letter that the agencies object to the boundary change, the amendment will be treated as automatic. The necessary Equivalency Findings that the change does not reduce the acreage or quality of the habitat have been made; i.e., the preserve area has increased from 52.16 acres to 54.48 acres, and 412 of the San Diego goldenstar that are currently located outside of the hardline preserve will now be included in the preserve area. If you have any questions, please contact me at (760) 602-4622 and/or forward any comments to me by January 31, 2004. Sincerely, Associate Planner AH:mh Attachments c: Chris DeCerbo Don Rideout Bob Ladwig, Ladwig Design Group, 703 Palomar Airport Road, Suite 300, Carlsbad, CA 92009 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @ .. • RECEIVED Ladwig Design Group, Inc. Nov 1 4 2003 REVISED PROJECT DESCRIPTION (Shelley Property) CITY_ OF CARLSBAD· PL/\NNIN~':§~?' L-1005 The Shelley property is an 81.31-acre parcel in southeast Carlsbad adjacent to the City of Encinitas to the south and the County of San Diego to the east. The northerly 20.54 acres (Lot C) including the 100-foot SDG&E easement is general planned open space. The balance of the property lying south of the south line of the SDG&E easement is 60.77 acres and is general planned for residential low (RL ). The zoning for the property is R -1-40,000. A general plan amendment and zone change is proposed. Lot C will be re-zoned to open space. The general plan and zoning for Lot B & D will be changed to open space. The property is a "hardline" property in the City of Carlsbad Draft HMP. Through negotiations with the City Staff and public and wildlife agencies, we agreed to a permanent impact area on the Shelley property to not exceed 35 percent. The Shelley property as proposed permanently impacts 26.83 acres (33 percent). There are 2.02 acres of temporary impact with slopes along the easterly edge of the project including the desilt basin. The 2.02 acres of slopes will be vegetated with a naturalizing palette to match and enhance the adjacent open space areas. The project as designed avoids any impact to a blueline creek identified on the U.S. Coast and Geodetic mapping for the area. The sewer line to the existing Leucadia County Water District 8-inch sewer main at the southerly boundary does cross the natural drain area at a location where there is no clear bed or bank for the stream (see biological report for the project). Another drainage area is in open space Lot Cat the northwest comer of the ownership. No development is proposed at this location. In addition, the Golden Star plants in Lot Bare being preserved. Only 2 plants in Lot 38 will be impacted out of 1092 total. Because we have agreed to limit the development to 35 percent of the property, and because the existing zoning is R-1-40,000, we are proposing to cluster the development and process a Planned Development for 48 units plus a recreation lot (Lot A). Lot A will have RV parking and recreation uses. For our open space/recreational uses, we are proposing both an onsite trail generally along the easterly and northern portions ofthe project. In addition, we are proposing a loop trail system in the open space within proposed Lot D and Lot No. 38. Connected with these trail uses is a trail head and viewing area adjacent to proposed Lot 1. The minimum lot size of the 48 proposed lots is Lot 6 at 10,467 square feet. The minimum pad area is found on Lot 39 at 7,150 square feet. The only walls proposed are on Lot A-the recreation lot. 703 Palomar Airport Road+ Suite 300 +Carlsbad, California 92009 (760) 438-3182 FAX (760) 438-0173 • Revised Shelley Property Project Description November 13,2003 Page2 The largest residential lot is Lot 38 at 74,124 square feet (1.7 acres). The average lot size ofthe 48 lots is 17,810 square feet, or 0.41 acres. There are three open space lots (Lots B, C & D) that total 55.22 acres, or 68.0 percent of the site. A portion of open space Lot D contains a 300-foot buffer from the south property line and the access to "F" Street. This buffer is an extension of the buffer on the adjacent Villages property to the west. In addition, 60-foot fire buffers have been provided adjacent to natural areas. A review of the proposed project against the Plan Development Ordinance is as follows: • • • • • • • • • All development standards will be adhered to . A 40-foot setback along Camino Junipero (major arterial) is provided . Visitor parking is provided along "A" Street north of Camino Junipero. "A" Street in this location has no lots fronting on it or take access from it. Liveable streets are provided . Common recreation space, both passive and active, is provided with our trail system and recreation Lot A. RV parking: A minimum of five spaces are provided in Lot A . The minimum lot size is 10,467 square feet (Lot 6), which is more than twice the minimum requirement of 5,000 square feet. The minimum lot width for the PD Ordinance is 50 feet. This project proposes a minimum lot width of about 76 feet (Lot 31). No buildings are proposed with this application. The architectural standards, setbacks, storage, and other issues that cannot be addressed now will need to be conditioned with the project and dealt with at a later date when building development is proposed. 703 Palomar Airport Road+ Suite 300 +Carlsbad, California 92009 (760) 438-3182 FAX (760) 438-0173 • • Revised Shelley Property Project Description November 13, 2003 Page 3 Hillside Ordinance/Grading Review • The total graded area for this project is 28.85 acres. The developed area of Camino Junipero is 1.56 acres, leaving a total area of27.29 acres that would be used to calculate the cubic yards per acre. The cut for the project is 167,466 cubic yards. This number divided by 27.29 acres equals 6,137 cubic yards per acre overall -within the acceptable range of 0 to 7999C4/ AC. The majority of the site has rock at a very shallow depth. The rock material will bulk about 18%. The cut areas will be over excavated and generate approximately 50,853 cubic yards from Bulking. The site is designed to balance based on soils information available. The highest slope on the project is a cut slope at the back of Lot 8. The slope height is 37 feet. Slope Analysis/Growth Management Calculations The gross area of the Shelley property is 81.31 acres. The northerly 20.54 acres is currently general planned open space. This would be the area north of the south line of the 100-foot SDG&E easement that generally runs in a northwest-southeast direction across the property. The southerly 60.77 acres contains 39.3 acres ofO to 15% slopes, 20.4 acres of 15 to 25% slopes, 1 acre of25 to 40% slopes, and 0.1 acres of 40% and greater slopes. The majority of the steepest slopes are scattered throughout the future open space Lot D and other areas. There are no significant large areas of any slopes over 40%. Based on the slope categories as stated above, there are a total of 60.2 acres based on Growth Management criteria. Subtract 3.6 acres for the right-of-way for Camino Junipero and the result is 56.6 net developable acres, or equivalent to 57 dwelling units based on the residential (1 acre) category of the existing general plan. The project proposes 48 single-family units, or 9 units under the Growth Management cap for the property. In summary, this project meets or exceeds the City's development standards. RCL:mo 703 Palomar Airport Road +Suite 300 +Carlsbad, California 92009 (760) 438-3182 FAX (760) 438-0173 • e .;2/r;c., ~~ ~ p-~ Ladwig Design Group, InC: .k- June 11, 2003 Don Rideout Senior Planner City of Carlsbad 1635 Faraday Avenue Carlsbad, Ca 92008 RE: SHELLEY PROPERTY (LADWIG DESIGN GROUP, INC. JOB NO. L-1005) Dear Don, RECEIVED JUN 1 1 2003 CITY OF CARLSBAD PLANNING DEPT. To' follow up on our brief discussion this morning, please find enclosed a map of the Shelley property showing in rough detail our proposed subdivision along with a color plotting of the San Diego Golden Star. The color plotting shows in both p-reen and red the location of the Golden Star plants surveyed by our biologist, Mr. Rod Dossey, on May 10-12, 2003. I have also attached a copy of a letter from Rod Dossey to Dan Shelley dated June 10, 2003 that outlines the results of the field survey that was performed. A total of 1,092 individual plants were observed during the survey, 416 were observed south of the SDG&E easement and the remaining 676 were observed within or north of the SDG&E easement. The two different colors represent two different survey dates and different GPS units. The odd shaped parcels contain the plants. The circles are either individual plants or points along a fence line or power line that Rod used to help locate himself. I have also given you a marked-up copy of the plan showing the number of plants in the green areas that would be affected by the proposed development. Within the red areas the biologist does not have individual plant counts but does have a total which was stated above. Because 416 ofthe 1,092 individual plants fall within thiJ development area it is going to be difficult to follow the guidelines for narrow endemics that is currently in the draft HMP. The draft HMP calls for 100 percent preservation within open space areas and 80 percent conservation in development areas. The general plan for the Shelley property requires one-acre lot development. Because we have already agreed as part of the hard line process to limit our development to only 35 percent of the property, we are using the planned development option to develop lots that are less than the one-acre general plan designation. The lots on our current design are for 10,000 square foot minimum lots. The area of Golden Star within the development footprint that would be impacted is around four acres, which is about five percent of the total ownership. As mentioned we already agreed to only 703 Palomar Airport Road + Suite 300 + Carlsbad, California 92009 (760) 438-3182 FAX (760) 438-0173 Don Rideout June 11, 2003 Page 2 • develop on 35 percent of the property and now with an addition five percent impact it would only leave around 30 percent, or just over 24 acres, that Mr. Shelley could develop out ofhis 81.3 acre parcel. As I mentioned, this additional negative impact on the developable portion of his property is of great concern and, again, we would appreciate your input keeping in mind this new information. One problem area with the planned development ordinance is the requirement for RV parking and some kind of active recreation. What would be helpful to us is if we could satisfy our RV parking which is only five spaces on individual lots it would relieve us of having to set aside a separate area for RV parking. Also on our existing design we were going to provide a tot-lot area to satisfy our active recreation requirement. We will be providing a fairly extensive trail in the open space area and it would be helpful for us if we could know that the trail component as part of our project would satisfy the active recreation requirement. I believe the planning director could make this finding. In your review of this latest information on the Shelley .property it would be helpful if you could give us some guidance as to the two specific items above, namely the RV parking proposal and the proposed trail system, satisfying all our common recreation needs for the planned development. As I mentioned, I will be going on vacation tomorrow and return on June 23,2003. Anne Hysong, our planner, is also returning on the June 23, so hopefully that week we could get together with you to review this letter and our request so that we can proceed with the design of our tentative map based on the new conditions that showed up in our spring plant survey. We look forward to your response. Sincerely, LADWIG DESIGN GROUP, INC. Robert C. Ladwig, President RCL:jaa Enclosures cc: Anne Hysong, City of Carlsbad (w/enclosure) Dan Shelley{w/enclosure) 703 Palomar Airport Road + Suite 300 + Carlsbad, California 92009 (760) 438-3182 FAX (760) 438-0173 , DAN SHELLE'-' June l 0, 2003 Dan Shelley PO Box 230985 Encinitas, CA 92024 Mr. Shelley, 858 759 2254 06/ll/03 04:1:p~ 0 001 404 Encinila~ Blvd #321 Encinrtas. Callf. 92024 (760) 43 6-090ti Fax (760) 436-0971 Per Your request Dossey and Associates surveyed your property located off Lone Jack Road near the end of Copper Crest R-oad iR the southeast comer of the City of Carlsbad (APN 223-061-01 & 02). The survey was completeu on May 10-12, 2003. This is a quick summaJ1' ofthe results. The purposed of the survey was specifically to look for San Diego Goldenstars (Muilla cleve/andii). Previous biological surveys by both Dossey and Associates and Affinis had never observed this species. This survey found small occurrences ranging in size from one to one hundred and six scatt«ed across the northern portion of the property. This species would have been noted ifthey had been observable in previous surveys as the same b)ologi.st conducted both the curren1 and prior surveys. Biologist Rod Dossey observed and mapped all the observed occurrences using submeter GPS unit. A total of l 092 individuals were observed during this swvey. Of these 416 were observed south of the SOG&E easement the remaining 676 were observed within or north of the easement. Bob Ladwig (Ladwig Design Group) has been provide all of the GPS infonnation and placed the infonnation on a topographic map of the property. If you have any questions Of concerns please don't hesitate to contact me at 760-436- 09{)8. Thank-you, Rod Dossey, Biologist CC: Bob Ladwig (Ladwig Design Group) RECEIVED JUN 1 1 2003 LADWIG DESIGN GR 0 ~ i./?1 June 11, 2003 Don Rideout Senior Planner City ofCarlsbad Ladwig Design Group, 1635 Faraday Avenue Carlsbad, Ca 92008 RE: SHELLEY PROPERTY (LADWIG DESIGN GROUP, INC. JOB NO. L-1005) Dear Don, RECEIVED JU:l 1 1 2003 CITY OF CARLSBAD PLANi\~lNG DEPT. To' follow up on our brief discussion this morning, please find enclosed a map of the Shelley property showing in rough detail our proposed subdivision along with a color plotting of the San Diego Golden Star. The color plotting shows in both rreen and red the location of the· Golden Star plants surveyed by our biologist, Mr. Rod Dossey, on May 10-12, 2003. I have also attached a copy of a letter from Rod Dossey to Dan Shelley dated June 10, 2003 that outlines the results of the field survey that was performed. A total of 1,092 individual plants were observed during the survey, 416 were observed south ofthe SDG&E easement and the remaining 676 were observed within or north of the SDG&E easement. The two different colors represent two different survey dates and different GPS units. The odd shaped parcels contain the plants. The circles are either individual plants or points along a fence line or power line that Rod used to help locate himself. I have also given you a marked-up copy of the plan showing the number of plants in thr green areas that would be affected by the proposed development. Within the red areas the biologist does not have individual plant counts but· does have a total which was stated above. Because 416 of the 1,092 individual plants fall within th~;; development area it is going to be difficult to follow the guidelines for narrow endemics that is currently in the draft HMP. The draft HMP calls for 100 percent preservation within open space areas and 80 percent conservation in development areas. The general plan for the Shelley property requires one-acre lot development. Because we have already agreed as part of the hard line process to limit our development to only 35 percent of the property, we are using the planned development option to develop lots that are less than the one-acre general plan designation. The lots on our current design are for 10,000 square foot minimum lots. The area of Golden Star within the development footprint that would be impacted is around four acres, which is about five percent ofthe total ownership. As mentioned we already agreed to only 703 Palomar Airport Road + Suite 300 + Carlsbad, California 92009 (760) 438-3182 FAX (760) 438-0173 Don Rideout June 11, 2003 Page 2 develop on 35 percent of the property and now with an addition five percent impact it would only leave around 30 percent, or just over 24 acres, that Mr. Shelley could develop out of his 81.3 acre parcel. As I mentioned, this additional negative impact on the developable portion ofhis property is of great concern and, again, we would appreciate your input keeping in mind this new information. One problem area with the planned development ordinance is the requirement for RV parking and some kind of active recreation. What would be helpful to us is if we could satisfy our RV parking which is only five spaces on individual lots it would relieve us of having to set aside a separate area for RV parking. Also on our existing design we were going to provide a tot-lot area to satisfy our active recreation requirement. We will be providing a fairly extensive trail in the open space area and it would be helpful for us if we could know that the trail component as part of our project would satisfy the active recreation requirement. I believe the planning director could make this finding. In your review of this latest information on the Shelley .property it would be helpful if you could give us some guidance as to the two specific items above, namely the RV parking proposal and the proposed trail system, satisfying all our common recrt;ation needs for the planned development. As I mentioned, I will be going on vacation tomorrow and return on June 23,2003. Anne Hysong, our planner, is also returning on the June 23, so hopefully that week we could get together with you to review this letter and our request so that we can proceed with the design of·our tentative map based on the new conditions that showed up in our spring plant survey. We look forward to your response. Sincerely, LADWIG DESIGN GROUP, INC. Robert C. Ladwig, President RCL:jaa Enclosures cc: Anne Hysong, City of Carlsbad (w/enclosure) Dan Shelley {w/enclosure) 703 Palomar Airport Road + Suite 300 + Carlsbad, California 92009 (760) 438-3182 FAX (760) 438-0173 VILLAGES OF LA COSTA (REC.) ·' 2911.22' JAGEMENT CALCULATIONS ' AREA fHE SOUTH LINE OF THE 100' SDG~E EASEMENT >DG~E EASEMENT os 'ES 'ES oATER SLOPES • ROSE 8l. 31 ACRES • 20. 51 ACRES 60.80 ACRES 37. 77 ACRES 17.83 ACRES 1. 68 ACRES 0. 16 ACRES 3. 36 ACRES 1306.64 (REC.) \JP • I • ~ •• ',t ' t. .. l OPEN SPACE \_ ___ _ \ ·~· -SY"'AL'-r4uvv-~(~ ()~ -pL..A0l) og LocA1"'tOA.J 'Po lUIS (PolES-t="~Uc£5" E.~.) f1 :: mu i 1/t:f. c/eve,l~rz d ii --:: mu i !Ia c/gt~~/arc:li / 41G> /2 OF C • 56. 44 ACRES X 1 DU/AC = 56. 44 UN!TS ALLOWED 01 G PL~;JT$" tJ. of'S. Lt~E. &f= E:AS'!E. Ladwig Design Group, Inc • 703 PALOMAR AIRPORT ROAD SUITE 300 CARLSBAD, CA 92009 = LOTS PROPOSED = _ ----PHONE (760) 438-3182 FAX (760) 438-0173 (GRADED I = __ ACRES. __ 'X OF OWNERSHIP ) o1'2. TDTAL. 'PLA~-JTS JOB L-1005 Nicole Greben From: Sent: To: • Glenn Pruim [gprui@ci.carlsbad.ca.us] Tuesday, June 10, 2003 2:51 PM ldg@dwilsoneng.com • Cc: Anne Hysong; Bob Johnson; Bob Wojcik; Clyde Wickham; Don Rideout; Lloyd Hubbs; Michael Holzmiller Subject: Re: FW: CT 02-17-Shelley Property Bob, I heard that you had some concerns about the info provided to you by Anne. I assume your concerns had to dow/ the timing of the decision re: the Melrose extension. At the City's meeting on Monday, June 9, I told the group that I would be comfortable interpreting the existing GP language about a modified standard for Melrose to include not constructing Melrose east of the Shelley development, given the environmental sensitivity of the area and the County's and Encinitas' decisions to drop this alignment from their GPCE. I discussed this approach w/ Lloyd and he is OK with it. We will still require an IOD for the Melrose extension to prime arterial standards. The alignment is not known so the IOO will have to be malleable, similar to the Faraday r/w thru the County property that we acquired thru the settlement. Additionally, if the eastern portion of the property will become open space and possibly turned over to a land conservancy group we'll need to discuss ~he associated costs (endowment?) and determine how the road r/w will be protected if the land is deeded over or a conservation easement is granted. In either case, the transfer of rights should be subject to the roo. I understand Anne is gone on vacation for a while. When she gets back we'll discuss how/when to proceed on this. >>> "Bob Ladwig" <ldg@dwilsoneng.com> 06/09/03 11:05AM >>> -----Original Message----- From: Anne Hysong [mailto:Ahyso@ci.carlsbad.ca.us] Sent: Friday, June 06, 2003 5:02 PM To: ldg@dwilsoneng.com Subject: CT 02-17 -Shelley Property Bob, We did meet yesterday regarding alternatives for Melrose extension. We are attempting to get agreement to proceed with the project as follows: the road alignment would be shown on the map; the project would be conditioned to require an IOD for the road segment; Engineering would make a finding that this is consistent with the General Plan Circulation Element text; the environmental document would state that the IOD will result in a less than significant impact to the wildlife corridor since no road will be constructed with the project. We will let you know when a decision is made. Anne y 1 RECEIVED JUN 1 0 2003 LADWIG DESIGN GR • • Ladwig Design Group, Inc. April 24, 2003 Nancy Frost State Dept. Of Fish and Game 4949 Viewridge Avenue San Diego, CA 92123 RE: SHELLEY PROPERTY IN SOUTHEAST CARLSBAD (LADWIG DESIGN GROUP, INC. JOB NO. L-1005) Dear Nancy: Thank you for confirming that you will meet with us at the City of Carlsbad to discuss the Shelley property on Tuesday, May 13 at 2 pm. John Martin will also attend the meeting along with Michael Holzmiller, Anne Hysong, Clyde Wickham, and Glenn Pruim, the City Engineer. In addition to myself, Dan Shelley will be there along with Chuck r ;vuvier. When you and I talked about this project briefly the other day I indicated that we had some correspondence from both the City ofEncinitas and the County of San Diego relative any potential road extensions in the vicinity of the southeast comer of the City of Carlsbad and in particular the Shelley property. Attached you will find a number ofletters. We initially contacted the County and the City ofEncinitas and they responded to us on February 24 and March 3. After we received those letters we did meet again with the City and Glenn Pruim, the City Engineer, requested we go back and ask the two agencies whether they had any future plans for roads in this area. The County and the City of Encinitas responded again in letters dated April 4 and March 25 of 2003. In addition to the above, we had contacted the County back in January and I am attaching their response along with the graphic that shows the County's circulation element, the location of the Shelly property, and any furture road extensions in this particular area. As you can see there are no extensions proposed by the County. I am also attaching a letter from myself to Glenn Pruim dated April4, 2003. This letter summarizes our last meeting with the City staff and also summarizes a discussion I had with an individual from SANDAG. Glenn Ptuim also wanted us to contact SANDAG and see if they had any future plans for road extensions in this area. In addition to the above letters I am also attaching a reduced copy of one of the sheets of the tentative map for Shelley that shows the project and the location of the extension ofMelrose A venue 703 Palomar Airport Road+ Suite 30(' +Carlsbad, California 92009 (760) 438-3182 FAX (760) 438-0173 Nancy Frost April 24, 2003 Page 2 • • that we looked at as a request of the City. I am also attaching a page out of the Biology Report that shows the vegetation types existing on the Shelley property. Please look all of this information over and we look fc'.ward to meeting with you and John at the City of Carlsbad at 2:00 on May 13. If you have any questions or need clarification of anything, please give me a call. Sincerely, LADWIG DESIGN GROUP, INC. Robert C. Ladwig, President RCL:slh Enclosures cc: John Martin, US Fish and Wildlife Service(w/ Enclosures) Dan Shelley (w/o Enclosures) Glenn Pruim (w/o Enclosures) Anne Hysong (w/o Enclosures) Michael Holzmiller (w/o Enclosures) Clyde Wickham (w/o Enclosures) 703 Palomar Airport Road + Suite 300 + Carlsbad, California 92009 (760) 438-3182 FAX (760) 438-0173 .-. e Ladw1g Des1gn Group, Inc. April 14, 2003 Glenn Pruim City Engineer City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 RE: SHELLEY PROPERTY (LADWIG DESIGN GROUP, INC. JOB NO. L-1005) Dear Glenn: Thank you for meeting with us last week to again discuss the Shelley property and the need to extend Melrose Avenue beyond "A" Street within the Shelley ownership. I have again gone through the Circulation Element ofthe Carlsbad General Plan. There are some implementing policies, objectives, and notes that I feel are important to point out to you that support granting the right of way across the open s·ytce to the City line but stoppir.g the imp~ovements at "A" Street. The itc.,s that I feel pertain directly to our situation are as follows: • Implementine Policy C-3: This policy specifically allows variations to occur in accordance with established City policy regarding engineering standards variances. If it is determined, we need to ask for a variance to not extend Melrose beyond "A" Street. This policy allows for that. • Policy C-16 & C-18: Both of these require new development to construct all roadways needed to serve the proposed development. Constructing Melrose beyond "A" Street does not in any way facilitate the need to serve this project. • Paee 10 of the Circulation Element under Circulation Plan Notes, Item B: This paragraph refers specifically to the portion ofMelrose in question and specifically the last part of the paragraph states that the element should preserve adequate right of way to construct the major arterial road. In summary it appears that there is enough soft language in the general plan element to allow your staff to accept our offer to dedicate the right of way and to not construct Melrose through the open space area beyond "A" Street to the City boundary. 703 Palomar Airport Road +Suite 300 +Carlsbad, California 92009 (760) 438-3182 FAX (760) 438-0173 GlennPruim April 14,2003 Page 2 • At our meeting last week, Thursday, Aprill 0, you indicated that you would have some answers for us this week. Hopefully you and your staff can come up with an alternative that is acceptable to us and we can move ahead with the tentative map process. Thank you for your help in this matter Sincerely, LADWIG DESIGN GROUP, INC. Robert C. Ladwig, President RCL:ng Enclosures cc: Dan Shelley Clyde Wickham, City of Carlsb::.,: Anne Hysong, City of Carlsbad 703 Palomar Airport Road+ Suite 300 +Carlsbad, California 92009 (760) 438-3182 FAX (760) 438-0173 • County of San Diego DEPARTMENT OF PUBLIC WORKS JOHN L. SNYDER DIRECTOR (858) 694·2233 FAX: (858) 268·0461 COUNTY ENGINEER COUNTY AIRPORTS COUNTY ROAD COMMISSIONER TRANSIT SERVICES __..-:-""... TY SURVEYOR CONTROL W'JIIIIPHANAG EMENT April 4, 2003 Ms. Anne Hysong, Associate Planner City of Carlsbad 1635 Faraday Ave. Carlsbad, CA 92008 PLANNED COUNTY ROADWAYS IN VICINITY OF APN # 223-060-01 and 02 Dear Ms. Hysong, County Department of Public Works (DPW) staff received a request for further clarification on the County's Circulation Element (CE) near APN 223-060-01 and 02. In the request, it is stated that Mr. Pruim, of the City of Carlsbad, has requested another letter addressing any future road plans for circulation element roads in the area for the next five or ten years. The following are our comments: -There are no County CE roadways adjacent to or traversing the proposed project. The County's General Plan CE Maps delineate roadways in the unincorporated area through the year 2020. -The County is currently undergoing the process to revise General Plan 2020. There has been no effort by the local planning group or the County to include a new corridor near the proposed project. -Any change to the County's General Plan CE would require an action by the County Board of Supervisors. As stated in the previous letter, an old CE alignment (SA 460) that was located near the proposed project, was deleted by the Board in 1980. -On October 22, 1997, the County of Board of Supervisors adopted the County's Subarea Plan of the Multiple Species Conservation Program (MSCP). Areas near the project have been identified as sensitive habitat under the County's Multiple Species Conservation Program (MSCP) and SANDAG's North County habitat program. Through these programs, various areas near the proposed project have been purchased and designated for open space, as mitigation for proposed developments in the unincorporated area. 1 of2 Anne Hysong Apri14, 2003 Page 2 -Any changes to the County's General Plan Circulation Element in the next five to ten years would be speculative. If you have any questions or need additional information, please call me at (858) 694- 3728. !3,1 1/~fW(,/~ BOB GORALKA Project Manager cc: Clyde Wickham City of Carlsbad 1635 Faraday Ave. Carlsbad, CA 92008 Bob Ladwig 703 Palomar Airport Road, Suite 300 Carlsbad, CA 92009 Dan Shelley P. 0. Box 230985 Encinitas, CA 92023 2 of2 l I • e Ladwig Design Group, Inc. April4, 2003 GlennPruim City Engineer City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 RE: SHELLEY PROPERTY (LADWIG DESIGN GROUP, INC. JOB NO. L-1005) Dear Glenn: RECEIVED APR 0 ~ 2003 fY OF CARLSBAD LANNING DEPT. To follow up on our last meeting with you and your staff a number of weeks ago, please find attached a copy of a letter from the City ofEncinitas and the County of San Diego responding to your request to identify any road extensions anticipated in the area of the Shelley property. As you can see, both agencies have no plans for any circulation road extensions in this part of southeast Carlsbad. In addition to the County and the City, you asked me to contact SANDAG and get a response from them as to any planned road facilities in this area. On March 12,2003, I talked to Kim Kawata(619- 595-5300), who I believe is the head of transportation planning for SANDAG. Kim's comment to me was that SANDAG looks at what cities have in their general plans, they analyze those routes and provide statistical information relative to the traffic in the surrounding areas. She also indicated very strongly that SANDAG does not have any land use authority and that it is up to the local jurisdictions, in this case the County of San Diego and the City of Encinitas, to establish roadway locations. SANDAG would then analyze those locations established by the local land use authority based on the surrounding network of roadways. Based on the responses from the County and the City of Encinitas, and the comments from SANDAG, we respectively request that you reconsider the need to extend Melrose Drive (Junipero Drive) beyond our Street A through the open space to the easterly City limits boundary. As indicated, we would agree to offer the right of way for dedication. Our request to you is to not improve the street extension beyond A Street. The question of the extension of this road is the last remaining issue that we need to resolve with the City and the wildlife agencies before we can re-subm1t the tentative map for your staff's further process mg. 703 Palomar Airport Road+ Suite 300 +Carlsbad, California 92009 (760) 438-3182 FAX (760) 438-0173 • GlennPruim April 4, 2003 Page2 • • We look forward to meeting with you next Thursday, April 10 at 4:00 in your office to discuss this further. Sincerely, LADWIG DESIGN GROUP, INC. Robert C. Ladwig, President RCL:ng Enclosures cc: Anne Hysong, (w/ enclosures) Clyde Wickham (w/ enclosures) Dan Shelley (w/ enclosures) 703 Palomar Airport Road+ Suite 300 +Carlsbad, California 92009 (760) 438-3182 FAX (760) 438-0173 City of Encinitas March 25,2003 Anne Hysong Associate Planner City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008-7314 RE: CT 02-17-Shelley Property (APN 223-061-01 & 02) Dear Anne: In response to the request of Mr. Pruim at the March 4, 2003 meeting between the City of Carlsbad and Mr. Dan Shelley, the City of Encinitas Planning and Building Department has the following comment: The proposed TM indicates an alignment for the extension of Camino Junipero through the property to the Carlsbad/County/Encinitas Sphere of Influence boundary. The Encinitas General Plan Circulation Plan does not currently include a Circulation Element roadway within the City's incorporated boundary or sphere of influence in the vicinity of the proposed extension of Camino Junipero. In addition, we do not anticipate any future need for a Circulation Element roadway in this area. Based on the above, the City of Encinitas is again recommending that the proposed TM be revised to terminate the extension of Camino Junipero at the eastern edge of the proposed right- of-way of Street "A". Should you have any questions regarding these comments or need further clarification, please do not hesitate to contact me at (760) 633-2696. Sincerely, A f y urp ' Director Planning and Building Department TEL 760-633-2600 I FAX 760-633-2627 505 S. Vulcan Avenue, Encinitas, California 92024-3633 TOO 760-633-2700 ~ recycled paper • e City of Carlsbad I #liFUI,Ji,t. I •l§ ·tl II; .t§ .II March 25, 2003 Ladwig Design 703 Palomar Airport Road, Suite 300 Carlsbad, CA 92009 SUBJECT: SHELLEY PROPERTY TRAIL Dear Bob: In response to the City's request for comments from surrounding jurisdictions regarding the subdivision of the Shelley property, input from the City of Encinitas was received regarding the location of the proposed public trail. The City of Encinitas has requested that the proposed trail connect to their existing and proposed trails, and this request is consistent with Carlsbad's Trail Plan. I have enclosed copies of the Encinitas maps illustrating the locations of their trails on adjacent properties to assist your engineer in aligning the trail so that connections can be achieved. If you have any questions, please feel free to call me at (760) 602-4622. AH:bd Enclosure C: File 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @ -SAN :!EGO CIXJ(f'f' 4.S~:SSCJ!rS l.l.lP ~ 264-22 IQ 7.7i.JI :: 2 ,c 3 ® 2.37AC PAR 4 .n 1'- PM 110o4 ,. s;,·s.s"£ AltJ7"Zo' 5f."E /71.o'J 3'05· .4 8 @) @ 1.09 AC ~ 106 AC PAR .2 ... PAR 3 0 1.11AC Ill Q 0: PAR I N ...: "' ... )( ~ 0 "' cr ll. ll. 4: i~ @ 2.92 AC PAR I tB5 ... " tl 2.59 AC ..3 0 ttV· ,,_, ... @: 1.27 AC N PAR 2. @ 2.82AC .,... PAR 4 N r: ~ PM 8.251 2.32 AC PAR 3 J/0 l PM 8275 SHT 1 OF 2 1''=200' () .. ('I 1.1.1..14 § 1.72AC ... ~ Ill ... PAR 3 N () .... ....: " 2.00 AC N ~ ~ !") '· @ 2.78 AC PAR 2 3 ,,_1J Plv113286 II/B7·o,·43"• ~ SHT 2 MAP MAP ROS 13304-CITY OF ENCINITAS TCT NO 91-064 848 -RANCHO LAS ENCINITAS 142 73) 14667 ~ ~ ~ ... .. ~ @ I· t ----------,--+--'-'"'""-~- L • M -----r, ____________________________ , __________________ ~------------- -; sj"'._,;"·, 1 I -________ ___.:_+--------·-"--___:-~·~-:::-:::--:::_=___:___:::_____:=='-'-=-'-"-=:..----!--·----I I ~ .. r'--- ~ . I I I N 1'19 ' . • ENCINITAS TRAILS MASTER PLAN TRAIL TRAIL LENGTH RIGHT OF WAY INSTALLED PHASE REMARKS # TYPE (IN FEET) (ROW) STATUS BY 113 B 2748 Public City/ 2/D Copper Crest (west side) between & Developer/ Developer Dusty Trail Rd. & Lone Jack Rd. Acquisition including a spur on Wishbone Way to connect to an existing trail ~ (_~ B 7197 Developer/ Developer D Proposed extension of Lone Jack Acquisition Rd. on undeveloped property between the current end of Lone Jack Rd. to it's terminus, including connections back to the existing trails in the Knights Bridge development. The exact location of trail to be determined at the time of development. 117 B 3025 Developer/ Developer D Undeveloped land connecting trail Acquisition segment # 116 and the water tower. The exact location of trail to be determined at the time of development. 118 B 1409 Developer Developer D Water tower loop 119 B 2615 Acquisition City/ 3/D OMWD land connecting the water OMWD tower and to the City of San Marcos 120 B 2337 Acquisition City/ 3/D OMWD land connecting to the City o~ OMWD San Marcos & Elfm Forest 121 B 9287 Developer Developer D Rancho Summit Dr. connecting the water tower, and Canyon de Oro I Fortuna Ranch Rd. 122 B 2204 Developer Developer D Connecting ~ existing trail to the small water tower and then connecting to trail segment #121. 123 B 2462 Developer/ Developer D Undeveloped land connecting Elfm Acquisition Forest to trail segment# 124 (Canyon de Oro I Fortuna Ranch Rd.) 124 B 4883 Developer/ Developer D Undeveloped land adjacent to Acquisition proposed extension of Canyon de Oro I Fortuna Ranch Rd.) connecting to Elfm Forest Trail Types A: Natural hard surface path B: Soft surface trail C: Sidewalk 16 City of Encinitas March 3, 2003 Anne Hysong Associate Planner City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008-7314 • RE: CT 02-17-Shelley Property (APN 223-061-01 & 02) Dear Anne: • The City of Encinitas Planning and Building Department has reviewed the Tentative Subdivision Map for the above referenced project and has the following comments: City of Encinitas Circulation Element: The proposed TM indicates an alignment for the extension of Camino Junipero through the property to the Carlsbad/County/Encinitas Sphere of Influence boundary. The Encinitas General Plan Circulation Plan (Figure 2, attached) does not include a Circulation Element roadway within the City's incorporated boundary or sphere of influence in the vicinity of the proposed extension of Camino Junipero. It is also our understanding that the County of San Diego General Plan Circulation Element does not include any Circulation Element roadways in the vicinity either. Based on the above, the City of Encinitas would recommend that the proposed TM be revised to terminate the extension of Camino Junipero at the eastern edge of the proposed right-of-way of Street "A". City of Encinitas Recreational Trails Master Plan CRTMP) The proposed TM trail easements should be coordinated to connect with existing and planned trails within the City of Encinitas, consistent with the City of Carlsbad Trail System (Figure 9 of the Open Space and Conservation Resource Management Plan, Segment 58A). The City of Encinitas currently has an improved trail segment (see attached APN page 264-22 and copy of RTMP map) that terminates at the Encinitas/Carlsbad boundary (southside of TM boundary). The exact location of this trail segment can be found on Final Map No. 13304 (attached). In addition, the Encinitas RTMP includes a planned trail segment (Segment 116; see TEL 760-633-2600 I FAX 760-633-2627 505 S. Vulcan Avenue, Encinitas, California 92024-3633 TOO 760-633-2700 ~ recycled paper • attached copy of RTMP map) connecting to Carlsbad Trail System Segment 58A along the eastern boundary of the proposed TM (Carlsbad/County/Encinitas Sphere of Influence boundary). The TM should be revised to indicate these trail connections and consistency with the City ofEncinitas RTMP and the City of Carlsbad Trail System (Figure 9). Thank you for the opportunity to review the proposed project. Should you have any questions regarding these comments or need further clarification, please do not hesitate to contact Gary T. Barberio, Principal Planner, at (760) 633-2698. Pc. Gary Barberio, Principal Planner attachments • .NCINITAS TRAILS MASTER PLAN TRAIL TRAIL LENGTH RIGHT OF WAY INSTALLED PHASE REMARKS # TYPE (IN FEET) (ROW) STATUS BY 113 B 2748 Public City/ 2/D Copper Crest (west side) between & Developer/ Developer Dusty Trail Rd. & Lone Jack Rd. Acquisition including a spur on Wishbone Way to connect to an existing trail ~ (~ B 7197 Developer/ Developer D Proposed extension of Lone Jack Acquisition Rd. on undeveloped property --between the current end of Lone Jack Rd. to it's tenninus, including connections back to the existing trails in the Knights Bridge development. The exact location of trail to be detennined at the time of development. 117 B 3025 Developer/ Developer D Undeveloped land connecting trail Acquisition segment # 116 and the water tower. The exact location of trail to be detennined at the time of development. 118 B 1409 Developer Developer D Water tower loop 119 B 2615 Acquisition City/ 3/D OMWD land connecting the water OMWD tower and to the City of San Marcos 120 B 2337 Acquisition City/ 3/D OMWD land connecting to the Citv of OMWD San Marcos & Elfm Forest 121 B 9287 Developer Developer D Rancho Summit Dr. connecting the water tower, and Canyon de Oro I Fortuna Ranch Rd. 122 B 2204 Developer Developer D Connecting the existing trail to the small water tower and then connecting to trail segment #121. 123 B 2462 Developer/ Developer D Undeveloped land connecting Elfm Acquisition Forest to trail segment# 124 (Canyon de Oro I Fortuna Ranch Rd.) 124 B 4883 Developer/ Developer D Undeveloped land adjacent to Acquisition proposed extension of Canyon de Oro I Fortuna Ranch Rd.) connecting to Elfm Forest Trail Types A: Natural hard surface path B: Soft surface trail C: Sidewalk 16 19 G, I>\ ® ~ ,-s N "' \J) SHT 2 "' v-<::> . I'W\ < 1 ~ 'lJ ~ N 2 0 I'll SHT 2 ~ ---- @ SHT 1 • 9/20/02 JGRO CHANGES BU< OLD NEW YR CUT 222 -221-18 a1e 1 1:2 95 1398 -221-VAR 3-.35 95 10014 28-30 SA/olEic AC CHC 95 5524 16 36&:37 96 112 1,171: 38-40 18 96 1906 38&:39 41-43 96 1993 z?r.:!B Zfoo :;r. "1 0 4 75AC PAR I OPEN SPACE Z'Z.O ,..- 33 '-.-/ 2.47 AC PAR 2. 0 1.07AC PAR 2 11u '\' "'"' .. . urn ~ SHT 7 84.97 179.45 G)~~ 0 1.05 AC ~ IS> 2. 2.7 AC PAR 3 ~ PAR I @ 3.01AC PAR 3 a. "" - 0 " ,.., g 2.47AC PAR 0 2.2.7 AC PAR 2. 0. ::oF> ·s~· · N ~ ...... \ll 410,IZ q- "" .. ~ ?.Zo -' : 13? '-----") 2.34AC PAR 4 PM 15133 3.5(, .8 3 PM 14479 ~76·31 ~@ ~ 1.12. AC -PARI (.;\, -lin~ ~.,. 1.12 AC ~ ~ PAR 2. 1.11, - "" r-0 1.17AC o:PAR I 7.15 PM 11064 tB5 6?j SHT 2 17,,0., e 1.09 AC PAR 2. 0 "' ,.: i~ MAP MAP ROS @ ~ 1.06 AC ~ PAR 3 t' ~ \ ...,48.4-7 PM8251 310 PM 8275 SAN nEGO COt:NlY 4SSESSOifS U.AP ~ 264-22 SH.: 1 ~F 2 l 1 =200 10-13-94 By: KJA From 264-221 () .. I" ~~1.14 § 1.72AC PAR 3 § .... 0. 1/'1 " N 0 .... 2.78 AC PAR2 '31'·'3 PM13286 I I ·--------------- • M I ~~ ...... ,;" ,.. ' , ........... / tl 11 ?. •• / ••• ...... •• •• •• ••• 116 ,_.... ,. • ............. '-I •• I ..... . ••• I ····· ~ '<-··· • . u N -.,, I • • 1'19 ..... . , .. =-······-r··· / 11.9 l • 118 ·······• \ ; ~ ···' 'f.: •••• • ~~·· \ 0 '1. ~ '1. \ ! ~ ,, t;, ' • • SOURCE: Austin·Foust Associates, Inc. scale in feet • Q Freeway ~ Prime Arterial (6 Lanes} B Ma1or (4 Lanes) ~·••3 Collector (4 Lanes) B Local Street (2 Lanes) fntnuf Augmented Facility B Limited Facility Interchange Reconstruction NOTE: Leucadia Blvd. between Interstate 5 and El Camino Real designated as 'Scenic Roadway' with 85 foot rlght·of·w ay CROW) ~.:ncinitas General Plan 3/29/89 C-19 Amended 9/21/94 - - ~~I ~~~/ . / \'5 j Annexation Boundary I I I I AP ~ 'Z"Z. ~ -!!)~~ • 4''2. I I --r --------~~ I I \\ \ I · Cou ._..,...., D \:. PREP.4~hiNTllEOFFTCEOF: \ \ ~A~ ~t fC,O BUCCOLA 7601711-zooo ENGINEERING, inc \ \ 3)42 ViJ,;Ia Way, Suite 301, Oeeanside., CA. 92056 OWNERS REPRESENATIVE LAD1YIG DESIGN GROUP, INC. 703 PALOMAR AIRPORT ROAD SUITE 300 CARLSBAD, CA., 92009 TELE: {760) 4383182 P,)( t~ 4S8 ·DI..,'l VICINITY MAP NOT TO SCALE OWNER/DEVELOPER DANIEL T. SHEUEY P. O.BOX 230985 ENCINITAS, CA., 92023 TELE: (8580 759-2288 JOHN L. SNYDER DIRECTOR (858) 694·2233 FAX: (858) 268·0461 February 24, 2003 • County of San Die DEPARTMENT OF PUBLIC WORKS 5555 OVERLAND AVE, SAN DIEGO, CALIFORNIA 92123·1295 Ms. Anne Hysong, Associate Planner City of Carlsbad 1635 Faraday Ave. Carlsbad, CA 92008 PLANNED COUNTY ROADWAYS IN VICINITY OF APN # 223-060-01 and 02 Dear Ms. Hysong, County Department of Public Works (DPW) staff recently met with Bob Ladwig of Ladwig Design Group, Inc. and Dan Shelley. They announced plans to build a residential development on Mr. Shelley's properties (APN 223-060-01 and 02), located within the City of Carlsbad. They requested County staff determine if there are any proposed/planned roadways near their project. After researching the County's General Plan Circulation Element (CE) of roadways in the vicinity of the proposed residential development, staff determined the following: -There are currently no County CE roadways adjacent to or traversing the proposed project on Mr. Shelley's properties. -SA 460 was deleted from the County's CE as part of a General Plan Amendment (GPA 80-CE) in 1980. Prior to 1980, SA 460 served as a Prime Arterial, connecting SA 680 (Camino del Norte) to communities in Northern San Diego County. This previous alignment traversed the project site and connected to the portion of Circulation Element Road currently on the City of Carlsbad's Circulation Element. -On October 22, 1997, the County of Board of Supervisors adopted the County's Subarea Plan of the Multiple Species Conservation Program (MSCP). The MSCP is a regional plan that ensures the long-term survival of sensitive plant and animal species and protects the native vegetation found throughout San Diego County. Sensitive habitat is located on portions of unincorporated land near the proposed project. This habitat has been identified/proposed for inclusion in the MSCP. Anne Hysong February 24, 2003 Page 2 • Department of Public Works appreciates opportunities like this to coordinate with the City of Carlsbad on projects which affect both our jurisdictions. If you have any questions or need additional information, please call me at (858) 694-3728. BOB GORALKA Project Manager cc: Clyde Wickham City of Carlsbad 1635 Faraday Ave. Carlsbad, CA 92008 Bob Ladwig 703 Palomar Airport Road, Suite 300 Carlsbad, CA 92009 Dan Shelley P.O. Box 230985 Encinitas, CA 92023 Orange County 0 MILES • -· --· 4.5 • R iv e r s id e San Diego County Leucadia Encinitas Cardiff by the Sea Solana Beach Del Mar • I I ,, I I ' II I ' I I I I I I I ' ' ' ' / F.'=="'m __ _,.....--........ _ .... , \ ' Subarea Plan Working Draft 12221 Pre-Approved Mitigation Area (PAMA) Areas within PAMA -PAMA Upland Habitats -PAMA Riparian/Wetland Conservation Areas Existing Agriculture Containing Habitat Value Important for Coverage ~ Existing Agriculture Areas outside PAMA -Riparian/Wetland Conservation Areas Natural Vegetation Existing Agriculture Developed Hardline Areas Hardline Preserve Area Pre-negotiated (Hardlined) Take Authorized Areas * Properties currently being negotiated for hard line preserves. Q Vernal Pool Planning Area in Ramona ~ A site specific vernal pool preserve will be developed within the Ramona area. N North County Subarea bd Tribal or Not a Part MAP NOTES Stateplane Projection, Zone6, NAD83 Creation Date: January 15, 2003 TAlC • 1 January 27, 2003 Planning Director City of Encinitas • City 505 S. Vulcan Avenue Encinitas, CA 92024-3633 • of Carlsbad IQfJ.I,Ji,J.MaJ§.f?iii,J§.il SUBJECT: CT 02-17-SHELLEY PROPERTY (APN 223-061-01; -02) Please be advised that a tentative subdivision map to create 49 residential lots and one open space lot has been proposed in southeast Carlsbad on an 81 acre parcel that is contiguous with the Encinitas border the south. The subdivision would create a considerable open space buffer between residential development and adjacent development in Encinitas due to a required Habitat Management Plan preserve area that extends along the entire southern and eastern boundary. The project includes a proposed alignment for the extension of a circulation arterial roadway (Camino Junipero) through the property to the City/County boundary to the east (see attached plans that illustrate the proposed subdivision design and road alignment). Although a 102 foot roadway right-of-way width is shown, the actual roadway width would be 64 feet. The City's General Plan Circulation Element supports and encourages adjacent jurisdictions to extend the right-of-way from Carlsbad city limits to an appropriate connection. To ensure that any concerns raised by adjacent jurisdictions are included in staff's review of the project, please submit any comments you have concerning the proposed project and road alignment to the City of Carlsbad Planning Department within 45 days, or by March 9, 2003. If you have any questions regarding the project, please contact me at (760) 602-4622. Sincerely, _ .0~-IL ~-(/1 ~/f-/ c-.. T! . I ' ANNE HYSONG, , Associate Planner AH:sn Attachments C: Don Neu Chris DeCerbo Clyde Wickham · Bob Wojcik File 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us (!) January 23, 2003 Planning Director County of San Diego 5201 Ruffin Road Suite B MS0650 San Diego, CA 92123 • City • of Carlsbad • :;a e• ;• ;• • ·'·' •'4·t•a• ,,,, ,,, SUBJECT: CT 02-r#? -Shelley Property (APN 223-061-01; -02) Please be advised that a tentative subdivision map to create 49 residential lots has been proposed on an 81 acre parcel that is contiguous with County property to the east. The project would create a considerable open space buffer between residential development and County property due to a required Habitat Management Plan preserve area that extends along the entire eastern boundary. The project also includes a proposed alignment for the extension of a circulation arterial roadway (Camino Junipero) through the property to the City/County boundary (see attached plans that illustrate the proposed subdivision design and road alignment). Although a 102 foot right of way width is shown, the actual roadway width would be 64 feet. The City's General Plan Circulation Element supports and encourages adjacent jurisdictions to extend the right-of- way from Carlsbad city limits to an appropriate connection. To ensure that any concerns raised by adjacent jurisdictions are included in staff's review of the project, please submit any comments you have concerning the proposed project and road alignment to the City of Carlsbad Planning Department within 45 days, or by March 9, 2003. If you have any questions regarding the project, please contact me at (760) 602-4622. Sincerely, {;~.~w1~~ ANNEHYSONG, J Associate Planner AH:sn Attachments C: Don Neu Chris DeCerbo Clyde Wickham Bob Wojcik File 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us (!) " 01/14/2003 11: 30 858-594-8'328 LAND DEVELOPMENT PAGE 01 CCountp of &an &\ttgo DEPARTMENT OF PUBLIC WORKS Fa:x Cover Shea:a: Date: 1/14/2003 FAX Number: 760-438-0173 To: Bob Ludwig RE: PLANNED COUNTY ROADWAYS IN VICINITY OF APN #223-060-02 Message: Attached are 2 pages showing the Circulation Element (CE) near your project in this portion of the County. The current CE map does not show any planned future roadways jn the vicinity of your project. Furtherm9~e. SA 680 is no longer just south of your project. The only remaining portion of SA 680 is near 1-15, the rest was deleted from the CE maps as part of a General Plan Amendment (GPA 97-CE) in September of 1997. Also attached are pages from the County's Capital Improvement Program (CIP) through 2006. Based on the table of contents, there does not appear to be any approved road improvement plans near your project. In case you have further questions, the CIP project manager for that area may be able to help, Abe Barhoumi 858--495-5652. · Hope this helps, Richard Addressee's Telephone: 760-438-3182 From: Telephone Number: Richard Chin 858.694.3244 Number of pages 6 (Including this cover sheet): RECEIVED JAN 14-2DD3 LADW1G DESiGN GR PAGE 02 . ' ' ' . . . . . ': FE . . . . . . . ·. ~ ' . ' ........ ' ..... . . . ··· ., ' .. ' ' ... . ........ . · .. ·: ... · ~ ~ ': : .· '. ·~ ·. · .. · .·: ·. ': ~ .· ·. : : '. ·. : · ... ·. ~-.·· :·:·(·.:.·:···········--· .. ; .... -~·-~· ....... ',·.-·-..... . ·.:·.·?:::··.·.:··'·· .......• ~_; •.•.. · ..••••... · .• ·· .. ·· .•.. · .• ·.• .• .·•··• •...•..•..•.•.. · ... ·· .. · • Ladwig Design Group, Inc. h October 22, 2002 John Martin U.S. Fish & Wildlife Service 2730 Loker Avenue Carlsbad, CA 92008 RE: SHELLEY PROPERTY IN SOUTHEAST CARLSBAD (LADWIG DESIGN GROUP, INC. JOB NO. L-1005) Dear John: To follow up on my phone message to you enclosed please find one copy of the biological resource report for the Shelley Property prepared by Dossey & Associates, dated July 23, 2002. I am also enclosing a copy of the landscape concept plan prepared by ADL Planning & Associates. On October 21, 2002 Dan Shelley, Phil Buccola, and I met with Anne Hysong and Clyde Wickham at the City of Carlsbad to review our current project. A number of issues came up that we need to discuss with you. As you recall the Shelley Property in the HMP has a hardline area that allows permanent development impacts on 35 percent of the property or about 28.4 acres. The project that has been proposed would impact permanently 28.3 acres. There are some temporary impacts within the proposed hardline. These temporary impacts include the proposed naturalizing slopes along the easterly edge of the project along with the desilting basin at the southeast comer ofthe project. In addition, the City is asking for the dedication of the extension of Melrose A venue to the easterly subdivision boundary. The extension ofMelrose Avenue would cut across open space and would be within the hardline area. As a minimum staff is asking for dedication of right away and the slope rights and the issue of whether it will be graded along with the subdivision or not is still being reviewed. In addition to the above we are showing as requested by staff a Trail Loop around the open space areas that would be within an existing trail on the property. We would like to review with you the project as proposed to date along with the limits of the permanent impact area and discuss and review of the temporary impacts. In addition, we would also like to review with you the proposed additional permanent impacts for the extension of Melrose A venue through the open space area. 703 Palomar Airport Road + Suite 300 + Carlsbad, California 92009 (760) 438-3182 FAX (760) 438-0173 .----~~-· --------------------------------------------------- John Martin October 22, 2002 Page2 • Please look the attached information over. We would appreciate meeting with you as soon as possible to discuss the Shelley Project also, should we include someone from State Fish and Game? Sincerely, LADWIG DESIGN GROUP, INC. 4;}-- Robert C. Ladwig, President RCL:clr Enclosures cc: Anne Hysong, City of Carlsbad (w/out enclosures) Don Rideout, City of Carlsbad (w/out enclosures) Dan Shelley, (w/out enclosur<;:s) Clyde Wickham, City of Carlsbad (w/out enclosures) Phil Buccola, Buccola Engineering (w/out enclosures) ' • Ladwig Design Group. Inc. September 27, 2002 Anne Hysong City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 RE: SHELLEY PROPERTY (LADWIG DESIGN GROUP, INC. JOB NO. L-1005) Dear Anne: ,<1. ~ .. , '~:. ' t•.,• '' Several days ago I sent off a copy of the Cities trail check print to Rod Dossey to ask him about the potential trail connection at the south edge of the S D G & E easement and the east edge of Mr. Shelleys ownership. My concern was that Liz Ketavian had shown a trail connection in that area and it did penetrate an area of disturbed coastal sage scrub. I was concerned about mitigation, so I asked Rod Dossey, our biologist, to take a look at that question. This morning Rod called me and said that to his recollection there is coastal stage scrub in that comer and that any penetration of that would require mitigation. In discussing this with Liz Ketavian, prior to hearing from Rod, she said that if it is a problem that we could forget that trail connection. Based on what Liz Ketavian and Rod Dossey have stated, we will not be making that trail connection in that specific location. If you have any questions, please give me a call. Sincerely, LADWIG DESIGN GROUP, INC. RCL:clr cc: Liz Ketavian, City of Carlsbad Rod Dossey, Dossey & Associates Dan Shelley Phil Buccola, Buccola Engineering 703 Palomar Airport Road +Suite 300 +Carlsbad, California 92009 (760) 438-3182 FAX (760) 438-0173 September 23, 2002 Anne Hysong City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 RE: SHELLEY PROPERTY IN SOUTHEAST CARLSBAD (CT 02-17/PUD 02-09/HDP02-08) (LADWIG DESIGN GROUP, INC. JOB NO. L-1005) Dear Ann: We are in the process of preparing revisions for the Shelley Property based on your letter to me dated September 6, 2002. Please clarify for me several issues dealing with the trails for the project. • On a copy of City check print A, attached, in the vicinity of lot 38, the City comment says "show trail connection from the knuckle to the trail in the SDG&E easement." Also, the question is, are there any impacts? On City check print B, which is a copy of a landscape plan, the connection from the knuckle to the existing trail is crossed off and a connection is shown from the existing trail up to the road in the SDG&E easement. On Liz Katavian's check print C that I received on September 20, 2002, she shows a connection from the existing trail near lot 38 at the knuckle up into the existing road in the SDG&E easement. I have attached the copy of the portion of the vegetation map from the Bio. report for the project that shows that if we penetrate into the SDG&E easement..from the south edge in an area where there is no existing road we are going to be getting into an area of disturbed coastal sage scrub. In addition, the area above the cut slope is not within the SDG&E easement as Liz has indicated, but it is within an existing 20-foot water easement to Olivenhain Municipal Water District. Any trail in the area would require their permission. I would think this could be obtained and I would suggest that the trail connection be done as shown on Liz Katavian 's check print C. In addition, please clarify for me whether the connection from the knuckle is deleted or not deleted. It appears that if we delete the trail in lot 49 and opposite the knuckle by lot 38 that it will be very difficult to get onto the trail other than down at the southern part of the subdivision. 703 Palomar Airport Road+ Suite 300 +Carlsbad, California 92009 (760) 438-3182 FAX (760) 438-0173 Anne Hysong September 23, 2002 Page 2 • • Liz Katavian, on check print C, has suggested a possible future connection to the SDG&E service road at the very easterly edge of the project. The trail connection she has shown would get into disturbed coastal sage scrub, as shown on the attached Bio. map. Even though it is a short distance it still would be a disturbance. In addition, this connection was not shown on the original City check prints A and B. In summary, please clarify for me whether the connection at the knuckle by lot 38 should be left in or deleted and also clarify for me whether you want to include Liz Katavian' s trail connection to the SDG&E easement at the east property line shown on check print C. We will be deleting the trail connection in lot 49 but need to have answers to these other two questions so we can complete our revisions for resubmittal. I look forward to your response. Sincerely, LADWIG DESIGN GROUP, INC. fa+--- Robert C. Ladwig, President RCL:jaa Enclosures cc: Liz Katavian, City of Carlsbad (w/enclosures) Dan Shelley (w/enclosures) Phil Buccola, Buccola Engineering (w/enclosures) 'B'>~,,K.KUYB . .Kl'l" L.{·•· .. ; :·· _(r,; :r· . < •·.. . . ·.. . . . :A.Jil·,··~. LIFORNIA · · . , -.. , .:.:·Y:::;?-.:.,;_·j.\'tc: -. ·/,;::t·:, ;:,· :; ,v.:: :·; .,·,: -.. ·.:. WT 50 OPEN SPACE TJWL EAS/!JIENT, FINAL WCATION TO DE DETERJJINED PRIOR TO fiNAL JIAP · zm.ru• . ' . ' . . ". XHIBIT--.. 1 " ~ 200, . ,. ; .. 47 48 I __.-;;:p=-JU CJIJD i1ASEJIJINT 1f/18" · STEEL 1f.ATERIJNE I WT 61 OPEN SPACE COUNfY OF SAN DIEGO 10' 5.5'' Bar'!tollna Ghdmaecyparl&eus, Lavenct•r Cotton 6a:tanla epp. · AGhllleG! ~tpp;, Yarr-cl't Roemarlnue otrlc.lal"'QIIe 'Proetratue!, Trailing Rc:>•emary 6eranlum lnGG!nl.lm, Crarteeblll · · · . Oenotherell epec.Jo&a, Mexlc.an evening Pr_lmroee /{,'',:./ / ' ' ' ' ' • • City of Car·lsbad IQfU.JeheJ•ill)fj.JJillel§bl September 6, 2002 Bob Ladwig Ladwig Design Group, Inc. 703 Palomar Airport Road, #300 Carlsbad, CA 92009 SUBJECT: CT 02-17/PUD 02-09/HDP 02-08-SHELLEY PROPERTY Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Department has reviewed your tentative map, planned development, and hillside development permit, applications no. CT 02-17, PUD 02-09, and HOP 02-08, as to their completeness for processing. The application is incomplete, as submitted. Attached are two lists. The first list is information which must be submitted to complete your application. This list of items must be submitted directly to your staff planner by appointment. All list items must be submitted simultaneously and a copy of this Jist must be included with your submittals, including five {5) sets of plans. No processing of your application can occur until the application is determined to be complete. The second list is issues of concern to staff. When all required materials are submitted the City has 30 days to make a determination of completeness. If the application is determined to be complete, processing for a decision on the application will be initiated. In addition, please note that you have six months from the date the application was initially filed, August 7, 2002, to either resubmit the application or submit the required information. Failure to resubmit the application or to submit the materials necessary to determine your application complete shall be deemed to constitute withdrawal of the application. If an application is withdrawn or deemed withdrawn, a new application must be submitted. Please contact your staff planner, Anne Hysong, at (760) 602-4622, if you have any questions or wish to set up a meeting to discuss the application. Sincerely, w:.,c~.n~AA~ . M~H~ J-! ~~~~ILLER Planning Director MJH:AH:jt c: Chris DeCerbo plyde Wickham, Project Engineer vFile Copy Data Entry Planning Aide 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @ • LIST OF ITEMS NEEDED TO COMPLETE THE APPLICATION No. CT 02-17 /PUD 02-09/HDP 02-08 Planning: 1. Provide project numbers in upper right-hand corner of map. 2. Please state the total number of lots as 51 with 49 residential and 2 open space lots. 3. Proposed density is shown with wrong acreage. Density shown on the map must be consistent with the project description provided with the project. 4. Show the lot area on each lot. 5. The landscape plan submitted is not acceptable. The scale is required to be consistent with the tentative map (40 scale). Please create a separate set of landscape plan exhibits that include the following: • landscape maintenance responsibility for all areas. • separate fire suppression exhibit with the proposed landscaping in the fire suppression zones on the applicable lots. 6. Please provide a constraints map that identifies major ridgelines, distant views, internal views, intermittent drainage course, 25 -40% slopes, 40% and greater slopes, easements, and biological habitats, major power line transmission easements. This exhibit should include a table that shows the constraints and developable (net) acreage and allowable density. t-~( /' 0 · ..--7. Please return the attached disclosure statement with the owner's signature. 8. The Leucadia County Water District indicates that sewer availability will not occur until the property is annexed into the district. The application will remain incomplete until this occurs. 9. Please provide a Storm Water Management Plan (SWMP) for review. 10. Please provide the hillside grading volume using whichever is the accurate grading quantity (cut/fill). The tentative map indicates quantities that are significantly different than the project description. 11 . The Planned Development Ordinance requires a RV storage area for 25 or more units. This requirement cannot be satisfied on individual lots where there is no assurance that RV storage would be provided. • • 12. The project does not provide adequate community recreational space. Projects proposing more than 25 units shall provide both passive and active recreational facilities with a minimum of 75% of the area allocated for active facilities. Please identify how this project will satisfy this requirement. The proposed trail system does not satisfy this requirement. Engineering: 1. Identification numbers (CT _, HDP _, PD _) must be located in the upper right hand corner. 2. Name of Sewer & Water district is unclear. We understand this project is within Leucadia and Olivenhain' s sphere of influence but annexation to those districts must occur before a commitment of service is made. 3. As previously mentioned (Preliminary Review), a feasible alignment plan for Melrose offsite is required. Topography, vegetation, constraints, grading and habitat considerations must be shown. This requirement cannot be overlooked. Serious implications and environmental issues could delay this application without the complete alignment details provided. 4. Street and utility information includes the above-mentioned issue with Melrose Drive. The proposed concept of not constructing Melrose as part of this project is unacceptable. The plans, right of way, and grading must be part of this approval. The environmental impacts associated with as well as mitigation for those impacts must be addressed up front. A separate phase of construction could be discussed but avoidance of this important link is in conflict with the City' s Circulation Element. 5. The requirement to show adjacent streets and utilities includes Lone Jack Road as well as other County Roads to the south. 6. Show the typical street sections for the adjacent roads. The typical street section for Melrose (Camino Junipero) as it is designed north of this project should be identified. If it is the same as the street section this project is proposing, a note will be sufficient. 7. Show distance between all intersections, include the secondary access as shown (redlined) on the TM. 8. Show offsite connections to sewer, water and dry utilities if required. Provide agency input on these connections. 9. Show all existing and proposed fire hydrants (including systems to the south in Lone Jack Road). 10. 11 . 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. • • Provide information supporting water service to this project. It ::tppears that this project needs to annex to Olivenhain Municipal Water District before this application can be deemed complete. Provide average and peak water demand information (GPM). Also provide Fire Flow calculations to support the proposed water system. Provide map or diagram showing existing and proposed on-site and offsite water pipelines, pressure reducing stations, fire hydrants, and pump stations. Submit letter of district (OMWD) support of this project. Show looped water distribution system (more than 1 9 homes). Indicate fire sprinkler requirements for all cui de)ac lots. Show water-phasing plan if proposed. Show recycled irrigation system and submit supporting documentation. Provide information supporting sewer service to this project. It appears that this project needs to annex to Leucadia County Sewer District before this application can be deemed complete. Show point of connection and provide support information (size and depth) Provide letter of support from respective sewer district. Show grading and drainage (include calculations for volume before and after development). Include drainage details for the extension on Melrose Drive to the southern b·oundary of this project. Provide spot elevation at the corners of each pad or include this information as part of the typical lot cross section. Provide volume and storage capacity of Detention/Desiltation/NPDES basin(s). Show locations of temporary as well as permanent basins. A preliminary SWPP is required as part of this application (page9 item N.). Preliminary Hydrology map and calculations are also required as part of this application. • • ISSUES OF CONCERN Planning: 1 . The open space lots in the southern portion of the property are separated by a right of way and should be identified by two separate lot numbers. 2. Project perimeter walls, including sound walls, may not be located within the proposed 40' landscaped arterial setback along Camino Junipero. 50% of the landscaped setback must be landscaped to enhance the street scene. (See Planned Development Ordinance). 3. The 40' arterial setback is supposed to contain a minimum of one 2411 box tree for every 30 lineal feet of street frontage. 4. The arterial landscape setback must be commonly owned and maintained by the homeowners association. Please show this along with all descending slopes proposed on lots within the subdivision on the landscape maintenance . map. These areas are to be maintained by the HOA. The project will be conditioned to require the developer to dedicate a maintenance easement to the HOA over the landscape buffers and slopes. 5. Please realign trail as shown on the red lined exhibit so that it connects with the dirt road that traverses the SDG&E easement and use a switchback design on the slope west of Camino Junipero to provide access to Street II A II rather than aligning the trail behind single family lots and terminating the trail at the end of the Street 11 C11 cul-de-sac. A trail connection to the north should be made to the dirt road within the SDG&E easement rather than within the boundaries of Lot 49. Please realign the trail so that no private properties are impacted. 6. The proposed desiltation basin and sewer line are proposed within the HMP hard line boundary. This will be an issue requiring further discussion with the wildlife agencies as well as the City. 7. Please specify how this project will satisfy its 1 5% inclusionary housing requirement. Attached are redlined check prints of the project for the applicant's use. The applicant must return these check prints with the revised plans to assist staff in our continued review. September 5, 2001 Clyde Wickham City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 RE: SHELLEY PROPERTY PRELIMINARY REVIEW (PRE01-44) (LADWIG DESIGN GROUP, INC. JOB NO. L-1005) Dear Clyde: I have received your markup of plans for our preliminary submittal along with your written comments dated August 27, 2001. I would like to respond to your comments as follows: 1. We have shown the extension of Melrose A venue and anticipate to fully construct it within our graded development. Regarding the area that goes across the open space, we expect to dedicate that to the City and not construct it at this time. We feel the construction beyond the limits of"A" Street across the open space should be a separate project coordinated with the County of San Diego at some point in the future in coordination with the wildlife agencies. 2. The intersection of "D" Street and Melrose A venue does meet the right in, right out, intersection spacing requirements of the City of Carlsbad. We would expect some kind of barriers in the centerline of Melrose A venue to restrict left turns into "D" Street from southbound Melrose A venue. 3 & 9. I am attaching to this letter a copy of the submittal letter dated July 9, 2001 when we turned the project in for preliminary review. You will notice that in the second paragraph on Page 2, we did analyze crossing the Villages of La Costa property from their intersection to our project. There is significant grade differential plus we would have to penetrate the existing hardline areas and the open space preserve shown on the old Fieldstone HCP that applies to their property. As noted in my letter, we did review this issue with your staff previously and it was determined that going through the Villages of La Costa property, as discussed above, would not be feasible. Based on those earlier discussions with Anne Hysong, our project planner, we based the current design on that criteria. 703 Palomar Airport Road +Suite 300 +Carlsbad, California 92009 (760) 438-3182 FAX (760) 438-0173 Clyde Wickham September 5, 2001 Page2 4. Sewer service for this area is provide by Leucadia County Water District. We did follow in this most recent design the existing dirt trail that is in the area for the proposed sewer. A small section does cross across the areas outside of the dirt road, which is not in an area of any sensitive habitat. 5. We will contact OMWD and have them do a water analysis for our tentative map that we will soon be preparing. 6. We have retained the City required fire buffers around the project adjacent to natural open space. We anticipate that sprinklers for some of the units may be required. 7. Geologic stability and other geologic concerns will be analyzed as part of our normal project submittal requirements. 8. Your concern over the disposition of the access easement along the westerly property line will be addressed. The following are responses to the notes on your marked up checkprint: 1. You mentioned that "J" Street would be a violation of the City's liveable street design guidelines. Response: We have set aside 60 feet of right-of-way and can adjust it to the liveable street design criteria. In addition, I have previously talked to Bob Johnson about the length of the cui-de-sacs in the new policy. Bob indicated to me that the City was going to do away with the length requirement that currently exists. 2. Discuss /negotiate property before it is dedicated to open space -could restrict units to 20 or less. Response: This note is on the adjacent Villages ofLa Costa property and is discussed in Items 3 and 9 above. 3. You question whether there is habitat along the offsite sewer through the proposed open space. Response: The proposed sewer follows an existing road in an area where there is no habitat. This will be identified in our biology reports that will be submitted with our tentative map. 703 Palomar Airport Aoad +Suite 300 + Carlsbad, California 92009 (760) 438-3182 FAX (760) 438-0173 Clyde Wickham September 5, 2001 Page3 I would like to ask that when Anne returns from her vacation that you discuss this letter with her, along with our previous discussions, primarily about the extension of"F" Street over to the Villages of La Costa property. Also, from your comments, it appears that you have not seen the submittal letter to Michael Holzmiller dated July 9, 2001. I am attaching a copy for your review. If you feel it would be helpful, we would appreciate a chance to come in and discuss this project with you prior to the preparation of a formal response letter to our preliminary submittal in early July. Sincerely, LADWIG DESIGN GROUP, INC. Robert C. Ladwig, President RCL:mo Enclosures cc: Anne Hysong Dan Shelley 703 Palomar Airport Road + Suite 300 + Carlsbad, California 92009 (760) 438-3182 FAX (760) 438-0173 ~· I >, e e City of Carlsbad March 15, 2001 Ladwig Design Group, Inc. 703 Palomar Airport Road Carlsbad, CA 92009 SUBJECT: PRE oe-1 0 -SHELLEY PROPERTY APN: 223-061-01; -02 l@fflbill.t.i•A¥J.fiii,I¥J.il A preliminary review of your project has been conducted. Listed below are the issues raised by staff. Please note that the purpose of a preliminary review is to provide you with direction and comments on the overall concept of your project. The preliminary review does not represent an in-depth analysis of your project. Additional issues of concern may be raised after your application is submitted and processed for a more specific and detailed review. Planning: 1 . The property is designated by the General Plan for Residential Low (RL) density development and zoned R-1-40,000 requiring lots to be 40,000 square feet in area. The proposed 10,000 square foot lots would require processing a Planned Unit Development (PUD) to enable the proposed smaller, clustered lots. 2. The Planned Development Ordinance requires a RV storage facility for this development. Although the Planned Development Ordinance does not require a common recreation facility for lots exceeding 7,500 square feet in area, a common lot with some type of active recreational use would be appropriate at this site due to its more rural location. 3. The "Livable Street" criteria under review by City staff discourages culdesac streets in favor of street connections where possible. A redesign of the subdivision so that connections to the Villages of La Costa project to the north should be seriously evaluated to avoid the need for variances to City culdesac and intersection spacing standards (see Item 4 below). Additionally, the proposed panhandle lots at the end of culdesac streets B and F are not acceptable. Panhandle lots are allowed to provide access to developable areas behind lots with the required street frontage; not to circumvent the frontage requirement on culdesac lots (35') in PUD projects. 4. According to the attached exhibit from the Villages of La Costa EIR, the area between Villages of La Costa and the Shelley western property boundary is within the "proposed" HCP boundary. Since that area is not part of the existing HCP, a connection could be made to the Shelley parcel (see attached red lined check print). 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us ('!) .,. I PRE 00-10 -SHELLEY loPERTY March 15, 2001 Page 2 5. New "Livable Street" design criteria under consideration by the City would allow local Streets (public and private) to be reduced to 34' curb to curb with 4.5' foot parkways (private streets) and 5' sidewalks. 6. The project is subject to the City's lnclusionary Housing Ordinance requiring that 15% of the total units be affordable. The affordable requirement for 54 market rate units if 9.5 units (1 0 if rounded up). Supplying the additional units onsite would require approval of a density increase since the density would then exceed the growth control point. 7. Complete biological surveys will need to be conducted by a qualified biologist at the appropriate tihles of the year and using approved survey protocols. A complete biological report which summarizes the results of the surveys and itemizes the impacts of the proposed project and includes mitigation measures will be required. The HMP hardline could change if the surveys reveal significant unanticipated biological impacts. The applicant is advised to seek early consultation with the wildlife agencies to determine if the proposed mitigation is acceptable. 8. Noise and archaeological analyses will be required. Please refer to the City's noise guidelines for noise report requirements and noise barrier design criteria. 9. To enable greater distance between residential lots and transmission towers/lines and native vegetation to the west, it may be advisable to design the subdivision with a "perimeter" street that provides access and buffers lots from the adjacent SDG&E easement/native vegetation. 10. The proposed sewer line was not anticipated to traverse the habitat corridor. Alternative alignments should be evaluated. 11. According to Don Rideout, the 300' corridor connecting to the "Villages" site could be supported by staff as consistent with the draft HMP. Engineering: 1 . The proposed development contains the last remaining section of Melrose Drive in the City of Carlsbad. The project will be responsible for compliance with the City's circulation Element. The public roadway will be designed, dedicated, and graded as a Major Arterial. The street alignment plan shall extend a feasible design 500' beyond the property line (City Std. Grades & Alignment, page 5). The adjacent property owner, and in this case the City of Encinitas, should be consulted for input and support. The alignment plan should include slopes and drainage systems required to support the project. 2. The proposed intersection of "D" Street is a violation of intersection spacing on Melrose Ave. Staff recommends strict compliance with standards as a beginning position to design of this. project. PRE 00-10 -SHELLEY loPERTY March 15, 2001 Page 3 3. The proposed panhandles are not supported by staff. Again, consider compliance with City Standards and ask for variance or exception after it has been proven that acceptable design is infeasible. The City's "Livable Street" criteria will require the connection of long cui-de-sacs such as "E" and "F" which violate cul-de-sac standards (page 6 City Stds.). 4. The proposed sewer service should follow public roadways or be designed to provide an all weather access road to maintain the facility. The proposed sewer alignment through habitat and open space cannot comply with this element. 5. The application should include water design, fire safety, as well as reclaimed water use for open space or roadway slope irrigation. OMWD may have utility service connections in Lone Jack road to be looped northerly in Melrose Ave. 6. Fire Department should be consulted regarding fire sprinklers and fire safety issues. From our preliminary review it should anticipated that sprinkler systems will be required for all homes that extend beyond the cul-de-sac limit of 600'. 7. After it has been determined that City Std. Design is not feasible or impractical or that appropriate findings of support can be reached, Standard Variance applications could be requested. The first process and design attempt is to try and meet standards. 8. Geologic stability of this site, landslides, settlement, alluvium and subsurface drainage could be an issue. Please contact Anne Hysong at (760) 602-4622 if you have any questions. Sincerely-:-, / >j~0!iw'/-?ck ~ARY E. WAYNE / Assistant Planning Director GEW:AH:cs c: Michael J. Holzmiller Chris DeCerbo Clyde Wickham, Project Engineer Mike Smith Bill Plummer Data Entry l e e Ladwig Design Group, Inc. February 5, 2001 Michael Holzmiller City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 RECEIVED F:3 0 S 2001 C\TY OF CARLSBAD PLANN\NG DEPT. RE: PRELIMINARY REVIEW SUBMITTAL FOR THE SHELLEY PROPERTY IN SOUTHEAST CARLSBAD (LADWIG DESIGN GROUP, INC. JOB NO. L-1005) Dear Michael: Enclosed are three copies of our preliminary site plan along with a completed city application form, and Mr. Shelley's check in the amount $420. We ask that you please review our application and return written comments. The project is designed along the extension ofMelrose Avenue as currently shown on the Villages of La Costa Master Tentative Map. The right-of-way is shown as 102 feet. We would expect to grade the full width of the right-of-way within our proposed subdivision boundaries and to reserve the right-of-way for future dedication across the balance ofthe Shelley property to the easterly City limits. The minimum lot size within the project is 10,000 sq. ft. The general plan and zoning is for 1 acre, and we would process a planned development to develop 54 lots on 35% ofthe property. We have based the design on recently flown aerial topo. In addition, I have done constraints analysis and growth management calcs and the application includes 54 lots, whereas the growth management calcs would allow 56 lots. At the northerly end of the property, we have retained all of the area north of the south line of the SDG&E power line easement as open space. All ofthe area east of the subdivision, generally the entire area east ofthe creek is preserved as open space. Along the southerly boundary there is a 300- foot open space corridor which is an extension of the open space corridor on the adjacent Villages of La Costa Master Plan. Please note that the HMP "Hardline" map of the Shelley property as shown in Figure 23 of the December 1999 Draft is not accurate as regards to the 3 00-foot open space corridor at the southerly boundary. This corridor on the Shelley property should "line up' with the 300-foot corridor on the Villages of La Costa Plan to the west. Attached to this letter is a copy of a letter dated July 25, 2000 703 Palomar Airport Road+ Suite 300 +Carlsbad, California 92009 (760) 438-3182 FAX (760) 438-0173 Michael Holzmiller February 5, 2001 Page 2 from Mr. Shelley to the U.S. Fish and Wildlife Service (and copied to Mr. Don Rideout) pointing out the fact that the scale used in Figure 23 of the Draft HMP is not accurate. There would be an offsite sewer through the open space area to an existing Leucadia County Water District sewer line at our south property line. fu addition, water service would be provided by Olivenhain Municipal Water District and schools would be provided by San Dieguito and Encinitas. There are virtually no qualifying 40% slopes in the development area south ofthe SDG&E easement. The project has been designed to fit with the existing topography and our preliminary grading quantities show that we are grading about 7700 cubic yards per acre or well within the acceptable range as identified in the Hillside Ordinance. We will be grading about 215,000 cubic yards in a balance situation on 27.9 acres which does not include the grading or the area within Melrose A venue as allowed by the Hillside Ordinance. Because the Shelley property is at the easterly City limits and is on the extension ofMelrose A venue through the Villages of La Costa property, we need the City to analyze the cul-de-sac policy as it applies to this project. We have shown two intersections on Melrose Avenue that are spaced 600 feet apart and are both within the Shelley ownership. fu addition, the distance to the furthest lots within the subdivision is a little more than 1200 feet. However, this 1200 feet does include significant areas where there are no lots or lots only on one side, and we would expect to put in fire sprinklers within those homes that exceed the 1200 foot length. fu addition, we are maintaining a minimum 50-foot building setback from the right-of-way ofMelrose Avenue. All other setbacks are per Code. Again, please look this letter and our preliminary map over, and we would like to be able to present out project to the Planner that is assigned to the Shelley property. We look forward to your response. Sincerely, LADWIG DESIGN GROUP, INC. Robert C. Ladwig, President RCL:lkb:01 Enclosures cc: Dan Shelley w/enclosures 703 Palomar Airport Road + Suite 300 + Carlsbad, California 92009 (760) 438-3182 FAX (760) 438-0173 • PRELIMINARY REVIEW APPLICATION PROJECT NAME: ~ rte L LIE... 'Y f>a 0 P/E:.Il.. T ~ OWNER (Print or type) * PA-r-.J <; bt£t.L..~ "? APPLICANT (Print or type) LRs-0\..V l ~ OES' l4 ~ 6,Q.o vtP, L tu c.. Address "JCO~ ~ALo r11 ~ Jd.l(l./JOvt.i ~0 .t:i=3'D o City, State & Zip C.AfJ.. LS8~J) 1 C.As · qwo'} Telephone '1C9o -~vse -~l8L- Signature ~e ~ Print Name (2.ot$@1..-T C. Lld{}wt ( *Owner's signature indicates permission to conduct a preliminary review for a development proposal. PROJECT ASSESSOR'S PARCEL NUMBER(S) (APN): '2'2-3-OCP \-IS)\ . O'"L-' DESCRIPTION OF PROPOSAL (ADD ATTACHMENT IF NECESSARY): fd.e ,fJiltXI&c:C t S' IJ£f't' 1.¥{) Cot.JS/St!PUT WI rfl ftf£ 0/?4-~r lfMI. Lor~ &2-t& ,tJ(l,p(.:l().r~o tv /Jtr ()eve-co/l~l/ /re-ll-rife. P.P. {prfl/)t!JA-/fJC£ -f(.)/3t,.JC.. ~rat££?':[ Me: Pt?ol?oS£;J. C!OI'IIfM~tJT~ t-lo~o /k> fYLri ()(!)-/0 HA-ll£ ~~~)..) lr/)()f4i)"f~j) WOULD YOU LIKE TO ORALLY PRESENT YOUR PROPOSAL TO YOUR ASSIGNED STAFF PLANNER/ENGINEER? s D PLEASE LIST THE NAMES OF ALL STAFF MEMBERS YOU HAVE PREVIOUSLY SPOKEN TO REGARDING THIS PROJECT. IF NONE, PLEASE SO STATE. t,:k,v IJeu Dou f2..t oeovr ~ 111./Ciflt~t--Hot-?.JU/(.,.t,-£,t..-r;A--fl-'1' l..eJ~'f~ , {k:e k-14-Noe&r ~ AtJ,{)E f/=Y~IJ, FOR CITY USE ONLY PROJECTNUMBER: ___________ ~--~-+~----~----------------------- FEEREQillREDIDATEFEEPAID: _______ ~~---------------------------------- RECEIPT NO.:------------,..-----:,-:------------------------- RECEIVED BY: ______ ?'.,../~.....,~..._· "---::_=-~;;;..;:···~o;;;:_;;..;z..:;_/_/_-'( ___ -=._ -----...;..,· ------------------- Routing: Planning 0 Engineering 0 Fire 0 Water 0 Other ____ _ FRM0025 12/99 PAGE 3 of3 L-ooS' e • Ladwig Design Group, Inc. July 9, 2001 Michael Holzmiller City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 RECEIVED JUL 10 2001 CITY OF PLA.NNJ~GARLSBAD DEPT RE: PRELIMINARY REVIEW SUBMITTAL FOR THE SHELLEY PROPERTY IN SOUTHEAST CARLSBAD (LADWIG DESIGN GROUP, INC. JOB NO. L-1005) Dear Michael: Enclosed are six copies of our preliminary site plan along with the completed City application form and Mr. Shelley's check in the amount of$460.00. We ask that you please review our application and return any comments. The project is designed along the extension ofMelrose Avenue, as currently shown on the Villages of La Costa master tentative map. The right-of-way is shown as 102 feet. We would expect to grade the full width of the right-of-way within the proposed subdivision boundaries and to reserve the right-of-way for future dedication across the balance of the Shelley property to the easterly City limits. The minimum lot size within the project is 9,000 square feet. The general plan and zoning is 1 acre, and we would process a Planned Development Permit to develop 55 lots on 35% of the property. We have based the design on recently flown aerial topography. In addition, I have done a constraints analysis and growth management calculations. The application includes 55 lots, whereas growth management calculations would allow 56 lots. At the northerly end of the development, we have retained all the area north of the south line ofthe SDG&E power line easement as open space. All the area east of the subdivsion is proposed to be preserved as open space. The slope along the easterly street and easterly lots south of Melrose is proposed to be vegetated with a plant palate that would be compatible with the adjacent natural open space. On the south edge of the property, we have maintained the 300-foot open space corridor and have lined it up with the corridor on the Villages of La Costa plan to the west. There would be an offsite sewer through the open space to an existing Leucadia County Water District sewer line at our south property line. I have followed the alignment of an existing dirt trail for the new sewer. In addition, water service would be provided by Olivenhain Municipal Water District and schools would be provided by San Dieguito and Encinitas. 703 Palomar Airport Road + Suite 300 + Carlsbad, California 92009 (760) 438-3182 FAX (760) 438-0173 Michael Holzmiller July 9, 2001 Page2 • We have maintained a minimum of a 60'-foot fire buffer around the edge of the subdivision where the lots would back up to natural open space. There are virtually no qualifying 40% slopes in the development south ofthe SDG&E easement. The project has been designed to fit with the existing topography, and our preliminary grading quantities show about 9,000 cubic yards per acre. Because the Shelley property is at the easterly City limits, and is on the extension ofMelrose Avenue through the Villages of La Costa property, we need the City to analyze the cul-de-sac policy as it applies to this project. As you can see from our development plan, we have shown two intersections on Melrose that are spaced less than the required 1,200-foot spacing. Our most easterly intersection will be a full intersection and we are proposing that the one near our westerly property line be a right on/right out intersection only. We did analyze coming across the Villages of La Costa property from their intersection into our project. There is significant grade differential plus we would have to penetrate the existing hard line areas and the open space preserve as shown in the old Fieldstone HCP that applies to their property. We did review this with your staff previously, and it was determined that going through the Villages of La Costa property, as discussed above, would not be feasible. We had previously submitted this project for preliminary review (PRE00-1 0). Our upper cul-de-sac on the previous submittal had lots that backed up to the SDG&E easement. Our design has been changed so that we have a street parallel with the easement and we have lots that face the other direction, away from the easement. One lot -Lot 55 -does side to the easement, but we have maintained a 60-foot fire buffer set back from the native areas surrounding Lot 55. Our cul-de-sac length for this upper street is 1,250 feet, but we only have 13 lots basically on one side of the street. Please look over this new design, and we look forward to your written comments in about 30 days. In addition, we offer to come in to review this with your staff member who is assigned to this project in case there are any questions. Sincerely, LADWIG DESIGN GROUP, INC. h1--- Robert C. Ladwig, President RCL:mo Attachment cc: Dan Shelley, w/enclosures • City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 Applicant: LADWIG DESIGN GROUP Description Amount PRE01044 460.00 Receipt Number: R0021523 Transaction Date: 07/10/2001 Pay Type Method Description Amount Payment Check 8339 460.00 Transaction Amount: 460.00 4157 07/10/01 0002 01 02 CGP 460-00