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Home My WebLink AboutGPA 09-08; El Fuerte View; General Plan Amendment (GPA)The City of Carlsbad Planning Division A REPORT TO THE PLANNING COMMISSION Item No.1 P.C. AGENDA OF: October 6, 2010 Application complete date: 08/09/2005 Project Planner: Christer Westman Project Engineer: Clyde Wickham SUBJECT: GPA 09-08/ZC 09-09/CT 04-13/HDP 04-06/HMP 09-10 - EL FUERTE VIEW - Request for a recommendation of adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; a recommendation of approval for a General Plan Amendment and Zone Change to designate an open space preservation lot as Open Space; and a request for approval of a Tentative Tract Map, Hillside Development Permit and Habitat Management Plan Permit for the subdivision and grading of a 3.91-acre site into seven (7) single-family residential lots for the future development of seven single family homes and one (1) 1.56 acre open space lot, on property generally located south of El Fuerte Street and north, of Cacatua Street in Local Facilities Management Zone 6. I.RECOMMENDATION That the Planning Commission review the information provided by the applicant and that the Planning Commission ADOPT Planning Commission Resolution No. 6669 RECOMMENDING ADOPTION of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and ADOPT Planning Commission Resolutions No. 6670 and 6671 RECOMMENDING APPROVAL of General Plan Amendment GPA 09-08 and Zone Change ZC 09-09, and ADOPT Planning Commission Resolutions No. 6672, 6674, and 6675 APPROVING Tentative Tract Map CT 04-13, Hillside Development Permit HDP 04-06 and Habitat Management Plan HMP 09-10, based on the findings and subject to the conditions contained therein. II.INTRODUCTION The proposed project is the subdivision and development of a 3.91-acre site into seven, minimum 10,760 square foot, single family residential lots for the development of 7 future single family homes and a 1.56 acre open space lot. The infill project site is generally located south of El Fuerte Street and north of Cacatua Street in La Costa. The proposed project requires a General Plan Amendment (GPA) to change the existing General Plan Land Use designation from Residential Low Medium (RLM) to Residential Low Medium and Open Space (OS). A Zone Change (ZC) is also required to change the existing zoning designation on the property from One-Family Residential (R-l) to One-Family Residential and Open Space (OS). A Tentative Tract Map (CT) is required in order to subdivide the parcel into seven single-family residential lots and one open space lot. A Hillside Development Permit is required to develop the site since it includes natural slopes that are both greater than 15% gradient and greater than 15 feet in height. GPA 09-08/ZC 09-09/CT 04-13/HDP 04-06/HMP 09-10 - EL FUERTE VIEW October 6, 2010 Page 2 A Habitat Management Plan Permit is required since the project will have impacts to natural resources covered by the Habitat Management Plan and the project will mitigate those impacts consistent with the Habitat Management Plan. The GPA and ZC require the approval of the City Council. The approval of the CT, HDP, and HMP is final at the Planning Commission. The project has been reviewed for environmental impacts and no significant unmitigable impacts were found. As designed and conditioned, the project is consistent with all applicable standards and policies, and the necessary findings to approve the project can be made. III. PROJECT DESCRIPTION AND BACKGROUND The Planning Commission reviewed the project on September 1, 2010 and asked for various components of the proposed tentative map to be reviewed by the applicant and staff to determine the feasibility of developing the project as proposed. Components included the practical ability to develop Lot 1 with a single family home, removal of the proposed drainage brow ditches from the Open Space lot, verification that there is adequate vehicular sight distance, and assess the possibility of requiring the project to be graded and improved as a single phase. The concern with the developability of Lot 1 is because there are easements across Lot 1 for a 30" RCP storm drain and an 8" VC sewer line and the proposal of a 12 foot tall retaining wall for a portion of the site. • The existing Storm Drain easement is ten (10) feet wide and will be expanded to twenty (20) feet. The storm drain lies in the center of the easement. The depth of the storm drain relative to the proposed finish grade at its shallowest point is 2.5 feet. The applicant is proposing to revise the finish grade for Lot 1 to establish a minimum five (5) foot cover. The revision is accomplished by raising the proposed house pad by 2.5 feet and garage pad by 4.5 feet. The grade separation between the nearest existing home on Cacatua Street and proposed house pad is 17 feet and for the proposed garage pad is 15 feet. The change in pad elevation reduces the height of the necessary onsite retaining wall from 12 feet to six (6) feet at its tallest. With observance of the two 20 foot easements, the lot has the potential of accommodating a 2,200 square foot single story home with an attached 400 square foot garage. The concern with a brow ditch in the proposed open space was that maintenance of the brow ditch could adversely affect the preservation of plants within the Open Space lot. • The subdivision has been modified to locate the proposed brow ditch at the property line(s) between the home lots and the open space lot with the exception of the existing brow ditch at the west end of the project. This westernmost segment follows the contour that transitions from natural grade to the slope created by the construction of El Fuerte Street. GPA 09-08/ZC 09-09/CT 04-13/HDP 04-06/HMP 09-10 - EL FUERTE VIEW October 6, 2010 Page 3 A concern was voiced that there could be hazards to vehicles exiting the individual lots on to El Fuerte Street. • Exhibit AA illustrates the sight distance corridors for traffic movement on El Fuerte Street and vehicles exiting the easternmost and westernmost home lots. CalTrans standard sight distance for a design speed of 40 miles per hour is met at each of the lots as shown on Exhibit AA. According to the standards, there is adequate sight distance for safe vehicular travel on El Fuerte Street and for ingress/egress form the proposed lots. A concern was raised regarding the ultimate construction of the proposed project and how the onsite soils would be controlled to guarantee that the onsite slopes will remain stable. • Staff recommends that the following condition is added to Planning Commission Resolution No. 6672 and the non-mapping data sheet: All grading as shown on the approved grading plan shall be completed as a single phase. Staff has determined that the project as revised is suitable for approval and therefore recommends approval. The attached exhibits illustrate the project's compliance with the applicable development standards. ATTACHMENTS: 1. Exhibits 1-4 2. Planning Commission Resolution No. 6669 (MND) 3. Planning Commission Resolution No. 6670 (GPA) 4. Planning Commission Resolution No. 6671 (ZC) 5. Planning Commission Resolution No. 6672 (CT) 6. Planning Commission Resolution No. 6674 (HDP) 7. Planning Commission Resolution No. 6675 (HMP) 8. Planning Commission Staff Report with attachments dated September 1, 2010 IK: R/W- / X / <$*! K LOT 2 ^I PAD=407.00 \ 165.2'~cT -.' ' •.'•.•.••.•-'•/•*•/.*•/.*-/t v>/.*-//-rr.-// -J-.^^i^i^//////^^^^! I /^J//// ; //^/.^Uvz^-^^y;^/./.*//^ K i/ ;*•***' VV* LOTY*->>*>VV>V^C«|pAD=4i3X)jD Uf .-/..-. // 14JOO"SF-/.///V///.//{4/-V>"//.//Jd ^ -VPAD=411.0 (5400±SF USABLE) /' >f'^w '419 o '• •*.;BLDG FPQTPRINT 26091 SF //'-Kf Vfcii^S FL 411.0 IPRP" DWY 1" = 20' K&S ENGINEERING, INC. Planning . Engineering . Surveying SEMENT NOTES: 7801 Mission Center Court, Suite 100 Son Diego, CA 92108 fcm\ one stct;IT™- /C10\ inK-^Rt _[] EXISTING 10' SEWER EASEMENT PER MAP NO. 7076 T) PROPOSED 20' SEWER EASEMENT 2 EXISTING 10' STORM DRAIN EASEMENT PER MAP NO. 7076 T) PROPOSED 20' STORM DRAIN EASEMENT 1" = 200' EXHIBIT-LOT 1 CARLSBAD TRACT 04-13 / HDP 04-06 Fl FUFRTFVIFW 430- 420- R/W LOT 1 EXISTING GROUND^ P/L ^ PROPOSED DRIVEWAY 8" VC @ 16%- 400- EXISTING 8" VC PER DWG 188-6 SHEET 24 OF 25 400^117+00 116+50^116+00•^TLUi • • v • w W PROFILE: 8" V.C. SEWER 115+50 SCALE: HORIZ: 1"=20' 0 — « CM OO in COJZ i •}) \ f c 1 5 UJ '0 ^ 1OO— -Jl 515 (s ? f( L^ £ L -^--i L PROPOSED RETAINING WALL TW 419.00 PAD 413.00 EXISTING GROUND PROPOSED CONCRETE DITCH 0 CtL K&S ENGINEERING, INC. Planning . Engineering . Surveying 7801 Mission Center Court, Suite 100 San Diego, CA 92108 SECTION "A" NOT TO SCALE EASEMENT NOTES: Q EXISTING 10' SEWER EASEMENT PER MAP NO. 7076 (?} PROPOSED 20' SEWER EASEMENT 1" = 20' EXHIBIT-SEWER PROFILE CARLSBAD TRACT 04-13 / HDP 04-06 Fl R1FRTFVIFW EXISTING CURB & GUTTER EXISTING 30 RCP PER DWG 188-6 SHEET CM 00fO 118+50 118+00 117+50 PROFILE: 30" RCP STORM DRAIN 117+00 SCALE: HORIZ: 1"=20' VERT: 1"=10' K&S K&S ENGINEERING, INC. Planning . Engineering . Surveying 7801 Mission Center Court, Suite 100 Son Diego, CA 92108 /cin\ one cccc r»,,. latn\ one RKC/I EASEMENT NOTES: (3 EXISTING 10' STORM DRAIN EASEMENT PER MAP NO. 7076 (?l PROPOSED 20' STORM DRAIN EASEMENT SECTION "A" NOT TO SCALE " = 20' EXHIBIT-STORM DRAIN PROFILE CARLSBAD TRACT 04-13 / HDP 04-06 EL FUERTE VIEW ESTURION STREET ELFUERTE STREET = 100' •J K&S ENGINEERING, INC. Planning . Engineering . Surveying 7801 Mission Center Court, Suite 100 San Diego, CA 92108 EXHIBIT- SIGHT DISTANCE CARLSBAD TRACT 04-13 / HDP 04-06 Fl Fl IFRTF \/IFW The City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION Item No. P.C. AGENDA OF: September 1, 2010 Application complete date: 08/09/2005 Project Planner: Christer Westman Project Engineer: Clyde Wickham SUBJECT: GPA 09-08/ZC 09-09/CT 04-13/HDP 04-06/HMP 09-10 - EL FUERTE VIEW - Request for a recommendation of adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; a recommendation of approval for a General Plan Amendment and Zone Change to designate an open space preservation lot as Open Space; and a request for approval of a Tentative Tract Map, Hillside Development Permit and Habitat Management Plan Permit for the subdivision and grading of a 3.91-acre site into seven (7) single-family residential lots for the future development of seven single family homes and one (1) 1.56 acre open space lot, on property generally located south of El Fuerte Street and north of Cacatua Street in Local Facilities Management Zone 6. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 6669 RECOMMENDING ADOPTION of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and ADOPT Planning Commission Resolutions No. 6670 and 6671 RECOMMENDING APPROVAL of General Plan Amendment GPA 09-08 and Zone Change ZC 09-09, and ADOPT Planning Commission Resolutions No. 6672, 6674, and 6675 APPROVING Tentative Tract Map CT 04-13, Hillside Development Permit HDP 04-06 and Habitat Management Plan HMP 09-10, based on the findings and subject to the conditions contained therein. II. INTRODUCTION The proposed project is the subdivision and development of a 3.91-acre site into seven, minimum 10,760 square foot, single family residential lots for the development of 7 future single family homes and a 1.56 acre open space lot. The infill project site is generally located south of El Fuerte Street and north of Cacatua Street in La Costa. The proposed project requires a General Plan Amendment (GPA) to change the existing General Plan Land Use designation from Residential Low Medium (RLM) to Residential Low Medium and Open Space (OS). A Zone Change (ZC) is also required to change the existing zoning designation on the property from One-Family Residential (R-l) to One-Family Residential and Open Space (OS). A Tentative Tract Map (CT) is required in order to subdivide the parcel into seven single-family residential lots and one open space lot. A Hillside Development Permit is required to develop the site since it includes natural slopes that are both greater than 15% gradient and greater than 15 feet in height. The City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION Item No. P.C. AGENDA OF: September 1, 2010 Application complete date: 08/09/2005 Project Planner: Christer Westman Project Engineer: Clyde Wickham SUBJECT: GPA 09-08/ZC 09-09/CT 04-13/HDP 04-06/HMP 09-10 - EL FUERTE VIEW - Request for a recommendation of adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; a recommendation of approval for a General Plan Amendment and Zone Change to designate an open space preservation lot as Open Space; and a request for approval of a Tentative Tract Map, Hillside Development Permit and Habitat Management Plan Permit for the subdivision and grading of a 3.91-acre site into seven (7) single-family residential lots for the future development of seven single family homes and one (1) 1.56 acre open space lot, on property generally located south of El Fuerte Street and north of Cacatua Street in Local Facilities Management Zone 6. I.RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 6669 RECOMMENDING ADOPTION of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and ADOPT Planning Commission Resolutions No. 6670 and 6671 RECOMMENDING APPROVAL of General Plan Amendment GPA 09-08 and Zone Change ZC 09-09, and ADOPT Planning Commission Resolutions No. 6672, 6674, and 6675 APPROVING Tentative Tract Map CT 04-13, Hillside Development Permit HDP 04-06 and Habitat Management Plan HMP 09-10, based on the findings and subject to the conditions contained therein. II.INTRODUCTION The proposed project is the subdivision and development of a 3.91-acre site into seven, minimum 10,760 square foot, single family residential lots for the development of 7 future single family homes and a 1.56 acre open space lot. The infill project site is generally located south of El Fuerte Street and north of Cacatua Street in La Costa. The proposed project requires a General Plan Amendment (GPA) to change the existing General Plan Land Use designation from Residential Low Medium (RLM) to Residential Low Medium and Open Space (OS). A Zone Change (ZC) is also required to change the existing zoning designation on the property from One-Family Residential (R-l) to One-Family Residential and Open Space (OS). A Tentative Tract Map (CT) is required in order to subdivide the parcel into seven single-family residential lots and one open space lot. A Hillside Development Permit is required to develop the site since it includes natural slopes that are both greater than 15% gradient and greater than 15 feet in height. GPA 09-08/ZC 09-09/CT 04-13/HDP 04-06/HMP 09-10 - EL FUERTE VIEW September 1,2010 PAGE 2 A Habitat Management Plan Permit is required since the project will have impacts to natural resources covered by the Habitat Management Plan and the project will mitigate those impacts consistent with the Habitat Management Plan. The GPA and ZC require the approval of the City Council. The approval of the CT, HDP, and HMP is final at the Planning Commission. The project has been reviewed for environmental impacts and no significant unmitigable impacts were found. As designed and conditioned, the project is consistent with all applicable standards and policies, and the necessary findings to approve the project can be made. III. PROJECT DESCRIPTION AND BACKGROUND The 3.91 acre site is vacant, has a General Plan land use designation of Residential Low-Medium (RLM) and zoning designation of one family residential (R-l). The northern to eastern 1.63 acres of the site have been previously graded and include a relatively flat pad area. The remainder of the site is a combination of natural and manufactured slopes. There are slopes from the pad area down to El Fuerte Street up to 30 feet in height and up to the adjoining lots on Cacatua Street up to 60 feet in height. The site contains both native and non-native plant species. To the east, south, and north is existing single family residential development. To the west is a sloping open space lot which is part of an established La Costa subdivision. The project proposal is the development of a 3.91-acre site into seven (7), minimum 10,760 square foot, single-family residential lots for the future development of seven single family homes and one (1) open space lot. The 1.56 acre open space Lot number 8 wraps around the development area to the north and south and contains both natural and manufactured slopes with native and ornamental plant species. The proposed project pads are created by cutting into the slopes and the installation of retaining walls along the south edge of the development area as well as the export of material. Residential lots 2 through 7 are stepped with split pads that differ in elevation by ten feet. The individual residential lots are accessed off of El Fuerte Street. The proposed residential lot areas range in size from 10,760 square feet to 13,878 square feet. The pad areas on the residential lots range in size from 5,300 square feet to 9,500 square feet. No homes are proposed at this time. IV. ANALYSIS The proposed project is subject to the following plans, ordinances, standards, and policies: A. Carlsbad General Plan Residential Low Medium Density (RLM) and Open Space (OS) Land Use designation regulations; B. One-Family Residential (R-l) Zone, and Open Space (OS) Zone (Chapters 21.10 and 21.33 of the Carlsbad Municipal Code); C. Subdivision Map Act and City of Carlsbad Subdivision Regulations (Title 20 of the Carlsbad Municipal Code); D. Inclusionary Housing Ordinance (Chapter 21.85 of the Carlsbad Municipal Code); E. Hillside Development Regulations (Chapter 21.95 of the Carlsbad Municipal Code); GPA 09-08/ZC 09-09/CT 04-13/HDP 04-06/HMP 09-10 - EL FUERTE VIEW September 1,2010 PAGE 3 F, Habitat Management Plan; and G. Growth Management Ordinance (Chapter 21.90 of the Carlsbad Municipal Code) and Zone 6 Local Facilities Management Plan. The recommendation for approval of this project was developed by analyzing the project's consistency with the applicable regulations and policies. The project's compliance with each of the above regulations is discussed in the sections below. A. Carlsbad General Plan Residential Low-Medium Density (RLM) and Open Space (OS) Land Use Designations The existing General Plan Land Use designation for the site is Residential Low-Medium Density (RLM). The RLM designation allows for the development of single-family residential dwellings within a density range of 0-4 dwelling units per acre (du/ac) with a Growth Management Control Point (GMCP) of 3.2 du/ac. The project site has a net developable area of 2.18 acres. At the RLM GMCP, the site would yield 6.98 dwelling units. This yield is rounded up to the nearest whole number which is seven (7). The project proposal to develop the site with seven single family lots at a density of 3.2 du/ac is consistent with the intent of the RLM General Plan land use designation. The project's proposed density of 3.2 du/ac is at the Growth Management Control Point density (3.2 du/ac) used for the purposes of calculating the City's compliance with Government Code Section 65584. Consistent with the regulations of the City's Habitat Management Plan, that portion of the property being designated as an open space lot will be designated on the General Plan Land Use map and on the Zoning map as Open Space. The proposed General Plan land use change will place the Open Space lot into a permanent Open Space (OS) land use designation. The remaining portion of the lot, being developed with the single-family lots, will remain as RLM on the General Plan Land Use map. In addition to the above, the project complies with all elements of the General Plan as discussed in Table A below: TABLE A - GENERAL PLAN COMPLIANCE ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM PROPOSED USES & IMPROVEMENTS COMPLY Land Use The project site is designated RLM (Residential Low- Medium Density). RLM anticipates one-family dwellings at a density of 0-4 du/ac with a GMCP of 3.2 du/ac. Seven (7) single-family lots are proposed for the future construction of detached one- family dwellings. The project's density of 3.2 du/ac is within the RLM density range of 0-4 du/ac, and does not exceed the GMCP of 3.2 du/ac. Yes GPA 09-08/ZC 09-09/CT 04-13/HDP 04-06/HMP 09-10 - EL FUERTE VIEW September 1,2010 PAGE 4 TABLE A - GENERAL PLAN COMPLIANCE CONTINUED ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM PROPOSED USES & IMPROVEMENTS The project is conditioned to purchase one Villa Loma housing credit in order to provide their proportionate share of affordable housing. COMPLY Housing Provision of affordable housing. Yes Public Safety Review new development proposals to consider emergency access, fire hydrant locations and fire flow requirements. The project includes or has been conditioned to provide facilities to ensure that the development proposal complies with public safety requirements. Yes Open Space & Conservation Minimize environmental impacts to sensitive resources within the City. The project includes the preservation of open space and the designation of the open space lot as Open Space (OS) on the General Plan land use map. Yes Open Space & Conservation Utilize Best Management Practices for control of storm water and to protect water quality. The project will conform to all NPDES requirements and has been designed in accordance with the City's Stormwater regulations. It has been conditioned to implement Best Management Practices (BMP) for water quality protection, to comply with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the San Diego Region of the California Regional Water Quality Control Board and with the City of Carlsbad Municipal Code. Yes GPA 09-08/ZC 09-09/CT 04-13/HDP 04-06/HMP 09-10 - EL FUERTE VIEW September 1,2010 PAGES TABLE A - GENERAL PLAN COMPLIANCE CONTINUED ELEMENT Noise Circulation USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM Residential exterior noise standard of 60 dB(A) CNEL and interior noise standard of 45 dB(A) CNEL. Require new development to construct all roadways needed to serve the development. PROPOSED USES & IMPROVEMENTS An acoustical site assessment was prepared for the project. According to the report, the project site is impacted by traffic noise originating from El Fuerte Street. Mitigation in the form of each of the future homes will ensure that exterior rear yard areas will not exceed the residential noise standard threshold of 60 dB(A) CNEL. In addition, the project has been conditioned to provide an interior noise analysis prior to the issuance of building permits for the construction of all future homes to ensure compliance with the interior noise standard of45dB(A)CNEL. No improvements to public roadways will be required. The project includes the construction of onsite private driveways. COMPLY Yes Yes B. One-Family Residential (R-l) Zone and Open Space (OS) Zone (Chapters 21.10 and 21.33 of the Carlsbad Municipal Code) The project site is presently zoned One-Family Residential (R-l) which is consistent with the existing General Plan Land Use designation of RLM. The R-l Zone is also consistent with the existing R-l zoned properties to the north, south, and east. The proposed Zone Change will place the 1.56 acre Open Space lot into a permanent Open Space (OS) zoning designation. The remaining portion of the lot, being developed with the single-family lots, will remain as R-1 on the Zoning map. The project complies with the applicable development standards of the R-l zone in that each residential lot is greater than the minimum 7,500 square feet required and lot widths are greater than the minimum 60 feet required. Lots range in size from 10,764 square feet to 13,878 square feet and range in width from 76 feet to 171 feet. GPA 09-08/ZC 09-09/CT 04-13/HDP 04-06/HMP 09-10 - EL FUERTE VIEW September 1,2010 PAGE 6 C. Subdivision Map Act and the City of Carlsbad Subdivision Regulations (Title 20 of the Carlsbad Municipal Code) The Engineering Department has reviewed the proposed tentative tract map and has concluded that the subdivision complies with all applicable requirements of the Subdivision Map Act and the City's Subdivision Ordinance. All major subdivision design criteria have been complied with and the project is conditioned to install infrastructure improvements concurrent with development. The developer will be required to offer various dedications (e.g.,'drainage, public utility) and will be responsible for a number of public and private improvements, including but not limited to curbs, gutters, sidewalks, sewer facilities, drainage facilities, water line facilities, fire hydrants, and street lights. The project has been designed in accordance with the City's Stormwater regulations. It has been conditioned to implement Best Management Practices (BMP) for water quality protection, to comply with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the San Diego Region of the California Regional Water Quality Control Board and with the City of Carlsbad Municipal Code. D. Inclusionary Housing (Chapter 21.85 of the Carlsbad Municipal Code) Since the application is proposing 7 dwelling units, Chapter 21.85 (Inclusionary Housing Ordinance) requires that the project offset its impact on housing by providing 15% of the total onsite residential units as affordable to lower income households. Satisfaction of the onsite housing may also be satisfied through the purchase of an affordable housing credit in an existing development. This project has been conditioned to purchase one Villa Loma housing credit in lieu of providing affordable housing onsite as recommended by the Housing Policy Team. E. Hillside Development Regulations (Chapter 21.95 of the Carlsbad Municipal Code) The proposed project involves development over sloping topography with an elevation grade change greater than 15 feet and slopes equal to or greater than 15% gradient. Therefore, the project is subject to the Hillside Development Regulations, Chapter 21.95 of the Zoning Ordinance. Hillside conditions of the project have been properly identified on the constraints map, which show existing and proposed conditions and slope percentages. The project site contains two areas of slopes over 40% inclination. These consist of manufactured 2:1 slopes along the El Fuerte Street frontage and along the south perimeter of the project site, which were created as a result of road improvements for the development of El Fuerte Street and a previously approved and graded pad. The site does not contain any natural slopes greater than 40%. The entire 3.91-acre site is therefore considered developable per the Hillside Ordinance. The project includes grading over 1.78-acres of the 3.9-acre site. The proposed grading includes an estimated 15,556 CY of cut and 2,960 cubic yards (CY) of fill resulting in 12,596 cubic yards (CY) of export and a grading volume of 8,739 cubic yards per acre (CY/AC) which is identified by the Hillside Development Regulations as being within the "potentially acceptable" range (8,000-10,000 CY/AC). The proposed export causes the project to fall into the potentially acceptable range. The export is justified since it achieves a grading scheme which results in pad elevations that are at the same grade elevations as El Fuerte Street. Keeping the lot pads at the same elevation as El Fuerte Street minimizes the visual presence of the project. In addition, and GPA 09-08/ZC 09-09/CT 04-13/HDP 04-06/HMP 09-10 - EL FUERTE VIEW September 1,2010 PAGE? consistent with the Hillside Ordinance, the proposed lots are terraced and designed with split pads to follow the existing topography; the project does not propose any manufactured slopes exceeding 40 feet in height; and all manufactured slopes will be landscaped and screened in accordance with the Hillside Development and Design Guidelines and also the City of Carlsbad's Landscape Manual. The project design and lot configuration minimizes the height of the pads relative to El Fuerte Street. The development is clustered near the street to avoid onsite slopes and sensitive habitat as much as possible, retaining walls are used to minimize the grading footprint and maximize hillside and habitat preservation, and the proposed residences are designed to step with topography and minimize grading impacts to the site. F. Habitat Management Plan The 3.91 acre site was erroneously identified as a hardline preserve area in the City of Carlsbad's Habitat Management Plan. Section 20.1 of the HMP Implementing Agreement (IA) anticipates that some text and mapping errors may occur and provides a process and criteria for correcting these errors. The process involves a Minor Amendment to the HMP, requiring notification to all signatories of the IA and their concurrence on three findings, detailed below: 1. The Minor Amendment shall not result in operations under the HMP that are significantly different than those analyzed in connection with the HMP; 2. The Minor Amendment shall not result in any adverse effects on the environment that are new or significantly different from those analyzed in the original HMP; 3. The Minor Amendment would not result in additional take not analyzed in connection with the original HMP. The site has been previously graded and left undeveloped and contains 1.58 acres of disturbed land. The site is not part of a dedicated open space easement or preserve. The site has a General Plan Land Use designation of Residential Low Medium (RLM) and a Zoning designation of One Family Residential (R-l), none of which is consistent with an HMP hardline designation. Based on previous consultation with the Wildlife Agencies, it was determined that the error in mapping will be rectified as part of the citywide HMP mapping correction effort that the City is currently undertaking. The project design avoids and minimizes impacts to wildlife habitat and species of concern to the maximum extent practicable. The residential development is clustered on the least environmentally sensitive portion of the site. Mitigation measures have been included with the project to address the interface between the proposed development and the existing habitat, which includes fire management zones, erosion control, landscaping restrictions, fencing, signage and lighting requirements, and predator and exotic species control, and sound rated windows shall be included on elevations facing El Fuerte Street. In addition, prior to issuance of a Grading Permit or clearing of any habitat, whichever occurs first, the Developer is conditioned to select a conservation entity, prepare a Property Analysis Record (PAR), provide a non-wasting endowment or other financial mechanism acceptable to the Planning Director and conservation entity, record a Conservation Easement over the open space lot, and prepare a Preserve Management Plan which will ensure adequate management of the open space lot(s) in perpetuity. GPA 09-08/ZC 09-09/CT 04-13/HDP 04-06/HMP 09-10 - EL FUERTE VIEW September 1,2010 PAGES G. Growth Management Ordinance (Chapter 21.90 of the Carlsbad Municipal Code) and Zone 6 Local Facilities Management Plan The proposed project is located within Local Facilities Management Zone 6 in the southeast quadrant of the City. The project is subject to the provisions of the Growth Management Ordinance, as contained in Chapter 21.90 of the Zoning Ordinance. The impacts on public facilities created by the project, and its compliance with the adopted performance standards, are summarized in Table B below. TABLE B - GROWTH MANAGEMENT COMPLIANCE STANDARD City Administration Library Waste Water Treatment Parks Drainage Circulation Fire Open Space Schools Sewer Collection System Water IMPACTS 24.34 sq. ft. 12.98 sq.ft. 7EDU 0.05 acre 11.1CFS 70 ADT Station No. 6 0.58 acres Carlsbad Unified (E=1.84/M=.56/HS = .62) 7EDUs 3,850 GPD COMPLIANCE Yes Yes Yes Yes Yes Yes Yes N/A Yes Yes Yes V. ENVIRONMENTAL REVIEW Staff has conducted an environmental impact assessment to determine if the project could have a potentially significant impact on the environment pursuant to CEQA Guidelines and the Environmental Protection Ordinance (Title 19) of the Carlsbad Municipal Code. As a result of said review, the initial study (EIA Part 2) identified potentially significant effects on the environment, but mitigation measures, agreed to by the applicant, would avoid or mitigate the effects to a point where no significant effect on the environment would occur, and there is no substantial evidence in light of the whole record that the project as conditioned may have a significant impact on the environment. A Mitigated Negative Declaration (MND) has been prepared for the project. The project site has been disturbed by previous development and grading. The adjacent properties are developed with residential land uses and all the support utilities and infrastructure has been constructed or has been conditioned to be constructed. Interior noise levels for the future homes may exceed 45 dBA CNEL, therefore, a mitigation measure is included which requires the applicant to submit a supplemental acoustical analysis prior to issuance of a building permit to insure that the plans have been designed so that interior noise levels are mitigated to 45 dBA or less. The project will affect a total of 1.33 acres of sensitive vegetation communities comprised of 0.31 acres of non-native grass land, 0.14 acres of coastal sage scrub, 0.59 acres of disturbed coastal sage scrub, 0.11 acres of scrub oak chaparral, and 0.18 acres of disturbed scrub oak GPA 09-08/ZC 09-09/CT 04-13/HDP 04-06/HMP 09-10 - EL FUERTE VIEW September 1,2010 PAGE 9 chaparral. A total of 1.56 acres will not be disturbed by project development. Mitigation has been identified in the project Mitigation Monitoring and Reporting Program (MMRP). In consideration of the foregoing, the Planning Director issued a notice of intent to adopt a Mitigated Negative Declaration for the project on June 30, 2010. The notice was sent to the La Costa Meadows Unit 3 Homeowners Association Architectural Review Committee, U.S. Fish and Wildlife Service (USFWS), and California Department of Fish and Game (CDFG). Comments were received from the La Costa Meadows Unit 3 Homeowners Association Architectural Review Committee during the 20 day public review period which ended on July 20, 2010. A written response was provided to the La Costa Meadows Unit 3 Homeowners Association Architectural Review Committee. Both the La Costa Meadows Unit 3 Homeowners Association Architectural Review Committee comment letter and written response is included as attachments. ATTACHMENTS: -h Planning Commission Resolution No. 6669 (MND) 2-. Planning Commission Resolution No. 6670 (GPA) ^ Planning Commission Resolution No. 6671 (ZC) 4-. Planning Commission Resolution No. 6672 (CT) $-. Planning Commission Resolution No. 6674 (HDP) &-. Planning Commission Piooolution No. 6675 (HMP-) 7. Location Map 8. Background Data Sheet 9. Local Facilities Impact Assessment Form 10. Disclosure Statement 11. Comment letter from La Costa Meadows Unit 3 Homeowners Association Architectural Review Committee 12. Response letter to the La Costa Meadows Unit 3 Homeowners Association Architectural Review Committee 13. Minor HMP Amendment approval by US Fish and Wildlife Service 14. Minor HMP Amendment approval by California Department of Fish and Game 15. Reduced Exhibit 16. Full Size Exhibit "A" dated August 4, 2010 SITEMAP NOT TO SCALE El Fuerte View GPA 09-08 / ZC 09-09 / CT 04-13 HDP 04-06 / HMP 09-10 BACKGROUND DATA SHEET CASE NO: GPA 09-08/ZC 09-09/CT 04-13/HDP 04-06/HMP 09-10 CASE NAME: EL FUERTE VIEW APPLICANT: Michael Schmidt and Nataliya Orlova REQUEST AND LOCATION: Subdivision of 3.91 acres into 7 residential lots and one open space lot generally located south of El Fuerte Street and north of Cacatua Street. LEGAL DESCRIPTION: Lot 552 of La Costa Meadows Unit 3 in the City of Carlsbad. County of San Diego, State of California, according to Map thereof No. 7076, filed in the Office of the County Recorder of San Diego County, October 16, 1971. APN: 215-370-28-00 Acres: 3.91 Proposed No. of Lots/Units: 8 lots/7 SFR units GENERAL PLAN AND ZONING Existing Land Use Designation: RLM Proposed Land Use Designation: RLM/OS Density Allowed: 3.2 du/ac Density Proposed: 3.2 Existing Zone: R-l Proposed Zone: R-l/OS Surrounding Zoning, General Plan and Land Use: Zoning General Plan Current Land Use Site North South East West R-l R-l R-l R-l OS/PC RLM RLM RLM RLM OS/RLM Vacant Single Family Detached Single Family Detached Single Family Detached OS/SF Detached LOCAL COASTAL PROGRAM Coastal Zone: [~| Yes [X] No Local Coastal Program Segment: N/A Within Appeal Jurisdiction: | | Yes £<] No Coastal Development Permit: C] Yes [XI No Local Coastal Program Amendment: I I Yes [X] No Existing LCP Land Use Designation: N/A Proposed LCP Land Use Designation: N/A Existing LCP Zone: N/A Proposed LCP Zone: N/A PUBLIC FACILITIES School District: San Marcos Water District: Carlsbad Sewer District: Leucadia County Equivalent Dwelling Units (Sewer Capacity): 7 Revised 01/06 ENVIRONMENTAL IMPACT ASSESSMENT Categorical Exemption, Mitigated Negative Declaration, issued August 4, 2010. Certified Environmental Impact Report, dated Other, Revised 01/06 CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: EL FUERTE VIEW - GPA 09-08/ZC 09-09/CT 04-13/HDP 04- 06/HMP 09-10 LOCAL FACILITY MANAGEMENT ZONE: 6 GENERAL PLAN: RLM ZONING: R-l DEVELOPER'S NAME: Michael Schmidt and Nataliya Orlova ADDRESS: 13617 Valero Street #C. VanNuvs, CA 91405 PHONE NO.: 310-699-5122 ASSESSOR'S PARCEL NO.: 215-370-28-00 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 3.91 acres/7 SFR A. B. C. D. E. F. G. H. I. J. K. L. City Administrative Facilities: Library: Wastewater Treatment Capacity Park: Drainage: Circulation: Fire: Open Space: Schools: Sewer: Water: Demand in Square Footage = 24.34 0.05 11.1 D 70 Demand in Square Footage = 12.98 7EDU Demand in Acreage = Demand in CFS = Identify Drainage Basin = Demand in ADT = __ Served by Fire Station No. = 6_ Acreage Provided = Elementary Middle High Demands in EDU Identify Sub Basin = Demand in GPD = 3,850 1.56 1.84 0.56 .62 7 LCWD The project is 0.02 units above the Growth Management Dwelling unit allowance. ? CITY or DISCLOSURE STATEMENT CARLSBAD Planning Department 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Commrttee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. APPLICANT (Not the applicants agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership. include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate nage may be attached jf necessary.) ffPerson Title Corp/Part Address Title Address OWNER (Not the over's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW, If a oubliclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person. Title Corp/Part_ Title Address i of 2 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust. list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust Non Profit/Trust. Title Title Address Address 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions. Committees and/or Council within the past twelve (12) months? Yes No If yes, please indicate person(s):_ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best otfny knowledge. Signature of owner/date ' Signature rf applicant/date Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent Page 2 of 2 Revised 04/09 LA COSTA MEADOWS UNIT NO. 3 HOMEOWNERS ASSOCIATION 2848 Cacatua Street Carlsbad, CA 92009 (760)918-0180 Architectural Committee: James Bradley Anne Estes JUL 1 2 2010 Robert Lattin June 12, 2010 _CITY OF CARLSBAD Christer Westman PLANNING DEPT City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, CA 92008-7314 Re: Case Name: El Fuerte View Case No: GPA 09-08/CT 04-13/PUD 04-11/HDP 04-06/HMP 09-10 Project Location: El Fuerte Street between Chorlito St. and Cacatua SL Dear Mr. Westman: In response to the Mitigated Negative Declaration, we request that the City of Carlsbad Planning Commission not proceed with the review and/or approval of the above noted project until the following conditions are met: 1. APPROVAL BY THE ARCHITECTURAL COMMITTEE OF LA COSTA MEADOWS UNIT NO. 3. The proposed project is in violation of the Covenants, Conditions and Restrictions (CCR's) on the title of the property. The owners of the property are required to furnish the appropriate documents along with certain fees to the Architectural Committee of La Costa Meadows Unit No. 3., to be reviewed and approved. The owners are aware of this requirement. They have been provided with copies of the CCR's and the Architectural Committee has met with and explained these requirements with the owners. At our suggestion on April 5, 2010 the owners reconfigured the design and put the lots at street level. However, in utter disregard of our request, the owners increased the number of lots from 6 to 7. The owners have apparently chosen to ignore the Architectural Committee. This MND and the plans provided is not a presentation to the . Architectural Committee. Therefore the Architectural Committee of La Costa Unit #3 does not approve this project. 2. VIOLATION OF THE HABITAT MANAGEMENT PLAN. The proposed project is in violation of the Habitat Management Plan of the City. According to the Habitat Management Plan the proposed project is in a hardline preserve area where no building is allowed. The Planning Department has indicated that this designation was in error and wants to correct this error by ChristerWestman June 12,2010 Page2 use of a minor amendment per section 20.1 of the HMP Implementation Agreement. According to Section 20.1 of the HMP Implementing Agreement a minor amendment proposal must be provided to all parties which would included City Council of Carlsbad, the California Fish and Game, and the U.S. Fish and Wildlife Service. According this section, "proposed modifications will become effective upon all other parties' written approval". It is our understanding there is no written approval from any of the parties. According to Section 20.1 of the HMP Implementing Agreement "If, for any reason, a receiving party objects to a proposed minor amendment, it must be processed as a major amendment". In a letter dated October 6, 2009, the United . States Department of the Interior Fish and Wildlife Service stated: "As we stated in our previous comments, and HMP minor amendment/equivalency finding would not be appropriate for this project because no equal amount of habitat is proposed to be added to the HMP preserve". The Planning Department should not submit this project to the Planning Commission until a minor amendment or a major amendment to the HMP is approved in writing by all parties to the Habitat Management Plan. The Planning Commission should also obtain a legal opinion as to whether the Planning Commission can approve on behalf of the City any amendments to the HMP. 3. NEW REVIEW OF BIOLOGICAL RESOURCES In 2005 the owner's biologist found 6 pair of the California Gnatcatchers on the property. Since that time, the property owners surrounding the property continue to see each year a number California Gnatcatchers on the property. Disruption of this property will clearly impact the nesting habits of the California Gnatcatcher. A further study by an independent biologist should be made reviewing the impact of this project on the California Gnatcatcher before this property is removed from the Hardline Reserve category of the Habitat Management Plan. The Planning Department may be unaware of the rocks located on the property that have shells and other marine life imbedded in them. These rocks could possibly indicate that the ocean was at this location millions of years ago. Before this site is destroyed, the Planning Department should require the appropriate geologist examine these rocks. Photos of the rocks were provided in our 2006 comments on the MND. New photos will be provided upon request. 4. INDEPENDENT REVIEW OF SLOPE STABILITY AND BOND REQUIREMENT. Slope stability appears to be a major problem addressed in the Vinje & Middleton Engineering, Inc., Geotechnical Update and Grading Plan Review . Report dated June 8, 2009. Such statements as "areas of potential shallow slope instability are recognized on the project" and "Surface slumping and slope Christer Westman June 12, 2010 Page 3 creep movement is apparent which could impact developed properties" are a concern to surrounding residents. Rich Wong, a geologist in the area, is also concerned about the slope stability. He said, "The proposed 12-ft high crib wall along the southern portion of the development will require a steep, temporary cut slope to allow for the construction of the wall. This steep excavation could affect the stability of the slope located beneath the homes located on the north side of Cacatua Street." Large equipment and estimates of from 700 to 1000 dirt trucks on the property could undermine the slope. The City of Carlsbad is also concerned about the possibility of undermining the existing residences and it has called for additional independent review before the grading permit is issued. This independent review should be made prior to the Planning Commission approving this project To protect the surrounding developed properties, a bond should be provided by the developer to pay for any damage done by the grading. 5. AESTHETICS: PRESOLD REQUIREMENT BEFORE ISSUING GRADING PERMIT At our April 5, 2010 meeting, the owners of the property indicated their plan was to grade the property into the 7 lots and then sell each of the lots. As the real estate market is questionable at this time, there would be a good chance that the property would be graded and then would sit for a number of years in a half completed state. This would be potentially dangerous, an eyesore and reduce property values in the surrounding neighborhood. The planning department should require that a number of the lots be sold prior to issuing a grading permit. • Reference is made to our previous letters of concerns dated March 24, 2006 and April 5, 2010 related to the Mitigated Negative Declaration. Even though the project was changed, a number of our concerns, at that time, still apply and have not been reiterated here. Sincerely, Cc: Don Neu V Janet Stuckrath, US Fish and Wildlife Service Libby Lucas, California Department of Fish and Game CITY OF CARLSBAD Planning Division www.carlsbadca.gov August 16, 2010 Robert Lattin La Costa Meadows Unit No.3 Homeowners Association 2848 Cacatua Street Carlsbad CA 92009 RE: GPA 09-08/ZC 09-09/CT 04-13/HDP 04-06/HMP 09-10 - El Fuerte View Dear Mr. Lattin: Thank you for your comment letter dated June 12, 2010 in response to the Notice of Intent to Adopt a Mitigated Negative Declaration for the El Fuerte View project. Following are responses to your comments. The Architectural Review Committee's comments and these responses will become a part of the public record that will be presented to the Planning Commission for their consideration. 1. Approval by the La Costa Meadows Unit No. 3 Architectural Review Committee The City is not in the position to enforce CC&Rs with the exception of articles which have been incorporated into the CC&Rs as a condition of the City's approval and are explicitly stated to be subject to the City's authority. The formation of the Architectural Review Committee and their charge according to the CC&Rs was not a condition of approval imposed by the City and is therefore not subject to the City's authority. 2. Violation of the Habitat Management Plan As stated on numerous occasions, the El Fuerte View property was erroneously mapped as an "existing hardline preserve" in the Habitat Management Plan. The City has coordinated with both the USFWS and the CDFG on a Minor Amendment to rectify the site mapping designation. 3. New review of biological resources Biological resources surveys were conducted and reports submitted in June 2003, May 2004, March 2005, January 2006, and May 2009. None of the surveys indicate that California gnatcatchers are present onsite. Conversely, the reports do state that there is coastal sage scrub onsite, but, that it is of a quality and concentration that it would not likely be occupied by the California gnatcatcher. The reference to rocks onsite that have shells and other marine life imbedded in them suggests that the property may have a significant paleontological value. However the soils types identified in the soils report for the site are existing fill and soil slump debris which are not consistent with those typically containing significant paleontological resources. 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® Air Quality: The comments did not relate to air quality but referred to the Habitat Management Plan In-Lieu Fee, the visual quality of the project, and project grading which have been addressed above. Biological Resources: The comments focus on the status of the erroneous "existing hardline" mapping. The same comments are found in the June 12, 2010 letter and are addressed above. Geology & Soils: The comments refer to the project's origmal grading design which included the creation of 1.5:1 slopes. The redesigned project does not include the creation of new 1.5:1 slopes. Final design of the site grading will consider all of the technical aspects of grading methodology proposed for the specific soils types found onsite. Hazards and Hazardous Materials: The comment refers to wildfire interface. The project includes the City's standard 60 foot , three fire suppression zone plan. The maintenance of the fire suppression zones is the responsibility of the individual private property owners for that portion of the zone that is within each homeowner's lot and the of the homeowners association for those portions of the zones that are within the commonly held open space lot. The plan has been reviewed by the City of Carlsbad Fire Prevention Division and found to be acceptable. Land Use and Planning: The comments refer to the status of the erroneous "existing hardline" mapping. The same comments are found in the June 12, 2010 letter and are addressed above. In addition, the property has a General Plan land use designation of Residential Low Medium which allows for residential development at a density of 3.2 dwelling units per acre. The property is zoned R-1 which anticipates single family detached residential development. Development of the property with single family residential is consistent with the General Plan, Zoning Ordinance and with the surrounding existing neighborhoods which are also single family residential. Noise: The comment refers to noise, impacting the project that is generated by vehicular movement on El Fuerte Street. The project will be subject to noise generated along El Fuerte Street. The City's noise guidelines require that noise at the backyard is mitigated to no more than 60db CNEL. This mitigation will-be achieved by the homes themselves since they are located between the noise source and the backyard. Transportation/Traffic: The comments refer to the proposal of a private street. The project has been redesigned and no longer includes a private street. Your letters dated August 24, 2006, April 5, 2010 and June 12, 2010 and this letter of response will be included in the public record for the Planning Commission's consideration. Sincerely, t CHRISTER WESTMAN, AICP Senior Planner c: Don Neu, Planning Director Chris DeCerbo, Principal Planner Glen Van Peski, Senior Civil Engineer Clyde Wickham, Associate Engineer Christer Westman From: Elizabeth Lucas [ELucas@dfg.ca.gov] Sent: Monday, August 23, 2010 11:34 AM To: Christer Westman Cc: Mike Grim; Janet_Stuckrath@fws.gov Subject: El Fuerte View HMP Minor Amendment Christer, Assuming that the USFWS1 understanding reflected in Danet's email below is correct, the Department too concurs with your request to process a Minor Amendment for El Fuerte View based on Section 20.1(2) of the City's HMP. Thank you. Libby Lucas Staff Environmental Scientist NCCP Program California Department of Fish and Game 4949 viewridge Avenue San Diego CA 92123 Phone: 858 467-4230 Fax: 858 467-4299 e-mail: ELucas@dfg. ca.gov Starting August 1, 2010, per Governor Schwarzenegger's Executive Order S-12-10, this office will be closed on the second, third, and fourth Fridays of each month. -Original Message From; Janet_Stuckrath@fws.gov [mailto:3anet_Stuckrath@fws.gov] Sent; Thursday, August 12, 2010 4:05 PM To: Christer Westman Cc: David_Zoutendyk@fws.gov; ELucas@dfg.ca.gov; Mike Grim Subject: El Fuerte View HMP Minor Amendment FWS-SDG-06B0013-10TA0891 Christer, Following our review of the additional information you provided to us via electronic mail on Duly 16, 2010, the Service concurs with your request to process a Minor Amendment based on Section 20.1(2) of the City's HMP. Our concurrence is based on our understanding that the City is in the process of a City-wide mapping correction to address errors in mapping that occurred at the time the HMP was approved. It is our expectation that the removal of 2.35 acres of the El Fuerte View property that was erroneously designated as Hardline Preserve will be balanced with the addition of other lands elsewhere in the City. We expect the City to ensure no-net-loss of overall preserve as a result of the mapping correction process. Janet Stuckrath U.S. Fish and Wildlife Service (760) 431-9440 ext. 270 (760) 431-5902 (fax) Christer Westman From: Janet_Stuckrath@fws.gov Sent: Thursday, August 12, 2010 4:05 PM To: Christer Westman Cc: David_Zoutendyk@fws.gov; ELucas@dfg.ca.gov; Mike Grim Subject: El Fuerte View HMP Minor Amendment FWS-SDG-06B0013-10TA0891 Christen, Following our review of the additional information you provided to us via electronic mail on Duly 16, 2010, the Service concurs with your request to process a Minor Amendment based on Section 20.1(2) of the City's HMP. Our concurrence is based on our understanding that the City is in the process of a City-wide mapping correction to address errors in mapping that occurred at the time the HMP was approved. It is our expectation that the removal of 2.35 acres of the El Fuerte View property that was erroneously designated as Hardline Preserve will be balanced with the addition of other lands elsewhere in the City. We expect the City to ensure no-net-loss of overall preserve as a result of the mapping correction process. Janet Stuckrath U.S. Fish and Wildlife Service (760) 431-9440 ext. 270 (760) 431-5902 (fax) anr or DCEANSIDI TENTATIVE MAP - EL FUERTE VIEW CARLSBAD TRACT 04-13 / HDP 04-06SHEET 1 OF 1 SHEETS FIRE DEPARTMENT NOTES; ~AREA: U AC. NET 1 PRESENT ZONE: fi-t-7500 i. PROPOSED ZONE: H-1-7SDO 4. PROPOSED DENSITY: 1.8 O.U./AC. 3. GENERAL PLAN DESIGNATION: KM / 0-4 O.U./AC. 8. STREET RIGHT-OF-WAY: JS'-WDE PRIVATE DRIVE 7. CUTUAX 11. Fll MAX 11 6- PsattONARY SOU REPORT BT. UUkE * MMLETON ENQUIRING INC. 9. TOPOGRAPHY WTH CONTOUR WTERVUL OF 21 BY HERCATOR A5SCC DATE) 09/02 10. LOT SURFACE DRAINAGE PER CITY STD. 5S-15 AMD LOVER PAD WITH 3" PVC02XUN. GAS A ELECTRIC: S.D.G.4E.TELEPHONE: SBCHATER VAOEOTOS WATER DISTRICT SEWER CITY OT CARLSBAD (ANNEXATION IK PROCESS) FIRE PROTECTION: QTY OF CARLSBAD SCHOOLS: CARLSBAD UMFQ SCHOOL OSTfflCT 12. ADDITIONAL EASEMENTS MAT BE REQUIRED BY CITY ENGINEER 13. FRE HYDRANTS AS REQUIRED BY OTY ENGWEER AND FIRE MARSHAL 14. NUMBER OF UNITS B STREET: (PRIVATE CfiftE) 1 OPEN SPACE: 1 15. AVERAGE OAB.T THAfFIC » « 10 - tQTOTAL H IB. ASSESSCfTS PARca NUUBEK 215-370-21 17. SAN DECO COUNTY WATER AUTHORITY CAPACITY CHARGE Mil BE COLLECTEDAT ISSUANCE Of APPLICATION FOR ANT UETEff KSTAUXTION IB. AVERAGE SDCK GENERATION PER DAY: 550 X 7 - 3.BSO CPO 19. AVERAGE POTABLE WATER OEUANO PER DAY: 7 X 550 GPO - 1650 CPO. 20. STORU DRAM: EASEMENTS AND UPROt&ENTS AS RECURED BY THE QTY OF CARLSBAD 21. ORE AREA - 7 X 3,000 SF - 21.000 SF FROU TABLE A-1. FOR TYPE V - ONE HOUR -FIRE ROW DEMAND IN GALLONS PER MWJTE - itftt SPM FLOW DURATION • 2 HOURS ESTIMATEDGRADING QUANTITIES; OWNER/PERMITE&. fid. -154M C.Y. EXPCRT- '"="• "' LOT AREAS (SQ._FTj:_ LQT_ HQ-; MICHAEL SHM1DT]»17 VALEREO STREET fC • VAN NUrS. CA S140SREFERENCE PLAN: DWC IBS/IS * MAP 7Q7B LOT LOT 15.010 SF »,27J SF 11.252 SF 11,+M SF 11.DO SF 10.76* SF 13.B7B SF SJ.323 SF I.SOO 1400 7.200 fl.600 S.300 N/A SOLAR STATEMENT: PURSUANT TO CHAPTER 4. ARTICLE 1. SECTION U4711 PARAGRAPHS U AND II OFTHE SUBDIVISION MAP ACT: THE DESIGN OF THS SUBDIVISION PROVIDES FOR THE FUTURE NATURAL HEATWC Oft COOUNG OPPORTUMTES. SUBDIVISION BOUNDARY LOT LMEEXISTING WATER MAINEHSTMQ SEIO UAM PROP. HATER SERV. FUTURE DRIVEWAY PROP. CONC. PROP. CONC. BROW DITCH PROP. SLOPE 11 PROP. CRIB WALL OR EQUAL PREP. IIASONRT RET WALL PROP. SEWER MANHOLEPROP. OATLITE UNE _ PRDP. DRJVEWAT CONSTRUCTION NOTES: £ Q] EXIST. 3D* RCP STORU DRAIN TO REMAIN Q PROP. CCNCRETE SIDEWALK. 3 PROP, r SEWER MAIN. 13 fflOP. SEWER MANHOLE. 01 PROP. IS' DBVEWAY (TYP). ENGINEER OF WORK