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Home My WebLink AboutCT 97-14; Mariano; Tentative Map (CT) (6)FEB-26-1999 09:34 HUNSflKER 8, flSSOCIflTES SD 6195581414 P.02/03 HUNSAKER & ASSOCIATES SAN 0 I E G O, INC. BANNING tNdNKRING SURVIVING IRVINE LAS VEGAS RIVERSIDE SAN DIEGO DAVE MAMMA* December 15, 1998 Planning Technician City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009 Re: Street Name Approval for Mariano, CT 97-14 Dear Jordan: The following are the proposed street names for the above captioned project: Mariposa Road Morea Road, at knuckle Calmeria Place Coneflower Drive Torreyana Drive, at knuckle Nandina Place Goldenbush Drive Willow Drive Alternative Names: Pyrus Bassia Gazania Goidenfield Enclosed you will find two (2) reduced copies of the tentative map index sheet showing all subdivision streets (public and private). Please advise if you have any questions, or anything further is needed. Sincerely, Hunsaker & Associates San Diego, Inc. l0179HuennekensSt, suite 200 Diane Ingram sar> oi«So, CA 92121 For Raymond L. Martin, Project Manager (6191558.4500PM (619) 558-1414 FX lnfo8HunufccrSI7.com FEB-26-1999 09=34 HUNSPKER & flSSOCIPTES SD 6195581414 P.03/03 TOTflL P.03 07/14/1999 07/14/99 12:42 7604380981 WED 10:07 KAX 760 BB7 OM4 HENTHORN PAGE 02 December?, 1998 Mr, Mike Shirey Project Planner City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009 Subject:CT 97-14 Aviar Dear Mr. Shirey: North County Transit District (fTCTD) has reviewed above-referenced project and has the following comments: I, NCTDisnot Plum Tree Road and Cobbl plan provided by Robert M< to be designed to a width 01 bike lane). This outside tra- without impeding the flow c per hour. 2. As a result, should transit not be needed, such as bus I PC Resolutions 4186, 4187 the applicant. Thank you for providing us witi questions, please contact me at Sincerely, Leslie Blanda Manager of Planning LB/kft cc: Robert Morsch, Hunsak M;TL> N C T D Parkway (Mariano Subdivision) currently planing to provide transit service on Aviara Parkway between stone Road. However, based on the Aviara Parkway striping rsch of Hunsaker & Associates, the outside travel lane appears twenty (20) feet including the bike lane (12' travel lane plus 8' el lane would be sufficiently wide for buses to stop safely, f traffic, provided that travel speeds do not exceed 45 miles service be provided in the future, additional improvements would jmouts. Therefore, in fulfilling Condition of Approval #14, 4189 and 4190, no bus stop facilities need to be provided by the opportunity to comment on this project. If you have any 760) 967-2852. ir & Associates ORTH COUNT* TBAN5IT OUTIICT ,,,„,) A,.PV,, Clc,on>ii)r. CA ° 2 D 3 4 76(1-'«/•2626 RONALD R. BALL CITY ATTORNEY D. RICHARD RUDOLF ASSISTANT CITY ATTORNEY JANE MOBALDI ASSISTANT CITY ATTORNEY CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE , CARLSBAD, CALIFORNIA 92008-1989 (760)434-2891 FAX: (760) 434-8367 \ October 20, 1998 William E. Tippets Habitat Conservation Supervisor California Department of Fish and Game 4949 Viewridge Avenue San Diego, California 92123 Sheryl L. Barrett Assistant Field Office Supervisor U.S. Fish and Wildlife Service 2730 Loker Avenue, West Carlsbad, California 92008 RE: HABITAT LOSS PERMIT FOR AVIARA PARKWAY CITY OF CARLSBAD RESOLUTION NO. 98-219 Dear Mr. Tippets and Ms. Barrett: This letter responds, on behalf of the City of Carlsbad ("City"), to your letter to Don Rideout dated July 29, 1998, in which you state that your agencies do not concur with issuance of a Habitat Loss Permit ("HLP") for construction of the last segment of Aviara Parkway ("Parkway"). The City requests that you reconsider and withdraw your objection to the HLP, so that this vital street improvement project can proceed. Your objection is based on the premise that the City may not issue an HLP for the Parkway segment separate from the residential subdivision known as "Mariano" or Carlsbad Tract CT 97-14. We believe this premise is incorrect. Although construction of this Parkway segment was a condition of City approval of CT 97-14, the right-of-way for this street improvement was granted to the City in 1988. From the City's perspective, the Parkway is a Circulation Element facility which is required to meet City- wide traffic demands. Completion of the Parkway will enhance public safety and reduce traffic congestion, especially existing and anticipated congestion on Palomar Airport Road. The need for the road is not triggered by the subdivision, and the City intends to pursue completion of the road as soon as possible, whether or not the subdivision is developed. Whether the nominal permittee under the HLP is the City or the developer of the Mariano project (Ayres Land Company, Inc.), the City has the authority to issue the HLP for construction of the Parkway segment under Section 4.2 of the NCCP Process Guidelines ("Process Guidelines"), given that the appropriate findings have been made. The City maintains that it properly made all of the findings required under the Process Guidelines, based upon the available information and the record. Even if the City were to consider and issue an HLP with respect to the Parkway segment and the subdivision as one integrated project, there would be no legal basis for your agencies to object, considering the prior environmental studies, documentation and findings made by the City prior to approval of CT 97-14 and the fact that no other coastal sage scrub ("CSS") habitat will be impacted by the subdivision. As your July 29 letter acknowledges, CSS habitat will be disturbed only by construction of the Parkway segment, not by construction of the residential subdivision. (The subdivision includes a mere 0.6 acres of CSS habitat, and that land is being preserved as open space.) The taking of the impacted 3.4 acres within the Parkway right-of-way has already been fully mitigated in a 2 to 1 ratio by the purchase of 6.8 acres from the Manchester Mitigation Bank in the City of Encinitas. The 3.4 acres within the right-of- way has never been included in a Linkage Planning Area or otherwise suggested to be part of a path between areas of high habitat value. Thus, the City's finding under Section 4.2g(1)b of the Process Guidelines - that the habitat loss required to construct the Parkway will not preclude connectivity between areas of high habitat value - is supported and well-founded. We wish to stress that construction of the Parkway segment is important to the City because it completes a key connection within the City's street network and will result in improved traffic safety and reduced congestion. The City intends to aggressively pursue completion of the Parkway and the significant public benefits associated with it, regardless of your agencies' position on the subdivision. The City values its relationship with your agencies and we prefer to resolve this dispute with a minimum of controversy, delay and expense. Therefore, we urge you to reconsider and withdraw your objection to issuance of the HLP. We also request that you provide your written response to us within 15 days so that we can determine whether further action is required. We are also available to meet with you and representatives of Ayres Land Company if that will facilitate a prompt resolution of this matter. Thank you for your consideration of this request. RONALD R. BALL City Attorney rrnh c: City Manager Public Works Director Planning Director Don Rideout US FishWvVildlife Service Carlsbad Field Office 2730 Loker Avenue, West Carlsbad, CA 92008 (760)431-9440 FAX (760) 431-9624 CA Dept. of Fish & Game 4949 Viewridge Avenue San Diego, CA 92123 (619)467-4251 FAX (619) 467-423 5 July 29, 1998 Mr. Don Rideout, Senior Planner Planning Department \ City of Carlsbad X"^L Carlsbad, C A 92009-1576 Dear Mr. Rideout: Response to the Habitat Loss Permit for Aviara Parkway (Ayres Land Company) The California Department of Fish and Game (Department) and U.S. Fish and Wildlife Service (Service), collectively the wildlife agencies, have reviewed the draft Habitat Loss Permit (HLP) and supporting documents for the referenced project. Aviara Parkway and CT 97-14 were formerly one project (Mariano Project), with construction of this last segment of Aviara Parkway a condition of approval for CT 97-14. Other aspects of the project include up to 153 single family lots, 27 onsite apartment units, one multi-family lot, two recreation lots, one recreational vehicle lot, and other infrastructure improvements. According to environmental information provided in the documents, only the Aviara Parkway construction would impact coastal sage scrub vegetation. The Zone 20 Specific Plan that was approved by the City in 1993 analyzed each property's development potential, without necessarily knowing the details of each property's specific development. The Specific Plan's Environmental Impact Report was based on, at least for CT 97-14, a general assessment of development potential. In 1997, the City issued a "Notice of Prior Environmental Compliance" that addressed CT 97-14, including the specific elements listed in the first paragraph. That process avoided a subsequent environmental review despite the absence of a site-specific analysis in the Master EIR for the Zone 20 Specific Plan. The wildlife agencies do not concur with the City's submittal of an HLP for Aviara Parkway separate from the CT 97-14 project. Subsequent to the City's issuance of the Notice of Prior Environmental Compliance in 1997, the project's representatives met with the wildlife agencies' biologists to finalize any remaining issues to facilitate final project approval. Our staffs met in the fall of 1997 and on April 28, 1998. A critical issue of these discussions was how the project would provide adequate open space connectivity to other open space areas. The April 28 meeting focused on resolving issues tregarding the project's open space configuration, as this project's upen space will likely be integral to a future habitat preserve that is being planned by the City in its Habitat Management Plan (HMP), which is part of the Multiple Habitat Conservation Program (MHCP). During that meeting, the participants identified a possible solution that would retain adequate open space while providing for development that was similar to, but with somewhat fewer dwelling units, than what the applicant had proposed. The potential solution allowed for the construction of Aviara Parkway and was acceptable to the wildlife agencies. The consultant and applicant were to work with the City to determine if this or a similar solution would be acceptable and then meet again with the wildlife agencies to discuss the results. Since that meeting, there have been no further meetings or written correspondence with the applicant or City on this project. The completion of the final segment of Aviara Parkway is part of the CT 97-14 project. If the City proposes to use the HLP process for the Aviara Parkway portion of CT 97-14, then its HLP findings of conformance for the issuance of a HLP must evaluate all aspects of the project, including how the project affects open space and habitat connectivity. As stated previously, the currently proposed project does not propose adequate open space that is consistent with the project site's value as part of the future habitat preserve, and we do not concur with issuances of the HLP. The wildlife agency staff are available to work with the applicant and City to resolve this issue. Please contact Mr. David Lawhead (Department) at (619) 467-4211 or Ms. Julie Vanderwier (Service) at (760) 431-9440. Sincerely, William E. Tippets Sheryl L. Barrett Habitat Conservation Supervisor Assistant Field Office Supervisor California Department of Fish and Game U.S. Fish and Wildlife Service cc: Ron Rempel Gail Presley David Lawhead Nancy Gilbert Julie Vanderwier Mariano.bt ditv of Carlsbad July 13, 1998 Mr. Ken Burg, Field Supervisor U.S. Fish and Wildlife Service 2730 Loker Avenue West Carlsbad, CA 92008 Planning Department ??-/</ Mr. William Tippets California Department of Fish & Game 4949 Viewridge Drive San Diego, CA92123 Re: Habitat Loss Permit for Aviara Parkway (Ayres Land Company) Dear Mr. Burg and Mr. Tippets: On July 7, 1998, a Habitat Loss Permit was approved by the Carlsbad City Council for the Aviara Parkway project. The subject property is located in the Southwest Quadrant of the City of Carlsbad, as shown on the attached location map. The project will take 3.4 acres of coastal sage scrub. Pursuant to the 4(d) rule for the California gnatcatcher, this Habitat Loss Permit is being transmitted to your offices for the required 30 day comment period. The comment period will close on August 12, 1998. A copy of the staff report to the City Council and other supporting documentation is enclosed. Supplemental materials may be provided by the property owner. Attached for your reference is a tabulation of all coastal sage scrub losses authorized by the City of Carlsbad since March 1993. If you have any questions regarding this project, please feel free to contact me at 438-1161 extension 4212. Thank you for your cooperation in this matter. Sincerely; Don Rideout Applicant Engineering Dept. File 2075 Las Palmas Drive Carlsbad, California 92009-1576 (760)438-1161