HomeMy WebLinkAbout1996-01-17; Planning Commission; ; CT 95-03|SDP 95-06|HDP 95-06 - EMERALD RIDGE WEST• The Wy ol l:arlsbad Planing llepartet • 'bQ
A REPORT TO THE PIANNING COMMISSION ii31
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Application complete date: September 19, 1995
P.C. AGENDA OF: JANUARY 17, 1996 , .. ,{ .. ~
Project Planner: Jeff Gibson
Project Engineer: Mike Shirey
SUBJECT:
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CT 95-03/SDP 95-06/HDP 95-06 -EMERALD RIDGE WEST -Request for
recommendation of approval for a Mitigated Negative Declaration and the
accompanying Mitigation Monitoring and Reporting Program, Tentative Map,
Site Development Plan, and Hillside Development Permit, to: (1) subdivide
the property into 61 single-family lots and 1 open space lot; (2) create a 27.4
acre remainder parcel; (3) provide 9 future second-dwelling units; and (4)
deed restrict 1 three-bedroom home as affordable to lower income households
or purchase one Affordable Housing Credit in Vina Loma; all on property
generally located east of Paseo del Norte, north of Camino de las Ondas, and
south of Palomar Airport Road, within Specific Plan 203 and Local Facilities
Management Zone 20.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 3879
RECOMMENDING APPROVAL of the Mitigated Negative Declaration issued by the
Planning Director, and ADOPT Planning Commission Resolutions No. 3880, 3881, and 3882
RECOMMENDING APPROVAL of CT 95-03, SDP 95-06, and HDP 95-06, based on the
findings and subject to the conditions contained therein.
II. INTRODUCTION
The developer proposes to subdivide the 56.3 acre parcel into 61 single-family lots with a
27.4 acre remainder parcel, and provide 9 second dwelling units to satisfy inclusionary
housing requirements. Architectural elevations and floor plans are provided for the second
dwelling units and the project is consistent with all City codes, policies, and ordinances as
well as Specific Plan 203. To comply with all the requirements of the Inclusionary Housing
Ordinance, including the three-bedroom requirement, the developer has been conditioned
to deed restrict one of the future three-bedroom homes as affordable to lower income
households, or purchase 1 Affordable Housing Credit in Villa Loma in compliance with City
Council Policy No. 57 and 58, and final approval by the City Council.
III. PROJECT DESCRIPTION AND BACKGROUND
The 56.3 acre parcel is located within the Coastal Zone, Specific Plan 203, and has
Residential Medium (RM) and Open Space (OS) General Plan Land Use designations. The
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proposed project would include the following major features:
1. A residential subdivision into sixty-one (61) single-family lots with a 27.4 acre
remainder parcel, and one 8.3 acre open space lot, and;
2. The designation of 9 lots for future second-dwelling units and the deed restriction on
one three-bedroom home to satisfy the City's inclusionary housing requirements.
The second-dwelling units would have exterior access, be incorporated into the
second-story of the primary home, and utilize a portion of the three-car garage for
parking.
The zoning for the entire 56.3 acre MSP California LLC parcel was recently recommended
for a change from Residential Density Multiple with the Qualified Development Overlay
Zone (RDM-Q) to the One-Family Residential with the Qualified Development Overlay
Zone (R-1-7500-Q). The Planning Commission reviewed and recommended approval of the
zone change (ZC 94-04) on January 3, 1996, as part the neighboring Mar Vista project to
the west. The City Council has not taken final action on ZC 94-04, therefore, the approval
of Emerald Ridge West/CT 95-03 would be conditionally recommended for approval by the
Planning Commission, subject to the final approval of ZC 94-04 by the City Council.
The major project improvements would include the following:
1. The construction of local public streets, curbs, gutters, sidewalks and drainage
facilities necessary to service the new lots;
2. A sewer line that connects from the property, through the Mar Vista site to the west
and, then north to an existing sewer line located along Encinas Creek and Palomar
Airport Road;
3. The construction of a local public street named Calle Serena (Cherry Blossom Road)
from Hidden Valley Road west to the project site.
Currently the western half of the property is being used for agricultural purposes. It is also
surrounded by open space to the east and north, Poinsettia Community Park to the south,
and similar residentially designated (RM) property (Mar Vista) to the west. The majority
of the site contains very gently sloping topography that rises from west to east. The eastern
half of the property consists of a finger canyon which continues north and connects with
Canyon de las Encinas. The flat buildable areas within the western half of the property are
rimmed by steep slopes along the. east and north. Topographic elevations on the site range
from approximately 70 feet in the canyon floor to 190 feet above mean sea level on the
gently sloping mesa.
The following vegetation types are present on the property:
1. Ruderal/agriculture on the gently sloping mesa;
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2. Pampas grass, diegan coastal sage scrub, and southern mixed chaparral along the
steeper slopes surrounding the mesa to the north and east;
3. Riparian southern willow scrub, and baccharis/mule fat in the bottom of the eastern
finger canyon.
Vehicular access to the site would be provided by future Calle Serena ( also referred to as
Cherry Blossom Road) which connects to Hidden Valley Road. Hidden Valley Road is east
of the property and intersects with Camino de las Ondas to the south and Palomar Airport
Road to the north.
The project site is located within the boundaries of Specific Plan 203 which covers the 640
acre Zone 20 Planning Area. Specific Plan 203 was approved by the Planning Commission
and City Council in 1993. The specific plan provides a framework for the development of
the vacant properties within Zone 20 to ensure the logical and efficient provision of public
facilities and community amenities for the future residents of the planning area.
The proposed project is subject to the following adopted land use plans and regulations:
A. General Plan with RM and OS Land Use Designations;
B. Specific Plan 203;
C. Carlsbad Municipal Code, Title 21 (Zoning Ordinance), including;
1. Chapter 21.10 One-family Residential Zone;
2. Chapter 21.06 Qualified Development Overlay Zone;
3. Chapter 21.85 Inclusionary Housing, and Chapter 21.53, Site Development
Plan required for affordable housing project;
4. Chapter 21.95 Hillside Development Regulations.
D. Mello II Segment of the Local Coastal Program (LCP);
E. Carlsbad Municipal Code, Title 20 (Subdivision Ordinance);
F. Habitat Management Plan: (in process);
G. Growth Management Ordinance, (Local Facilities Management Plan Zone 20);
H. Environmental Protection Procedures (Title 19) and the California Environmental
Quality Act (CEQA).
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IV. ANALYSIS
Staff is recommending approval of this project for the reasons stated in the staff report.
Consequently, this analysis section was developed by analyzing the project's consistency with
the applicable plans, policies, regulations, and standards listed above and presented through
the use of the following tables and text.
A. CARLSBAD GENERAL PLAN
The proposed project is consistent with the policies and programs of the General Plan. The
table below indicates how the project complies with the Elements of the General Plan which
are particularly relevant to this proposal.
Land Use 1. Proposed residential density of 3.01 dus/net acre is below the GP
designation of RM 4-8 dus/net acre and growth control point of 6
dus/net acre;
Housing Provide a combination of second dwelling units, deed restriction of 1
three-bedroom home or the purchase of 1 Affordable Housing Credit
in Villa Loma.
Open Space 1. GP constrained lands are (steep slopes and riparian habitat)
protected in 8.3 acre open space lot;
2. City Wide Trail Link No. 29 to be aligned along the top of the
bluff and across the slope via an exiting dirt road to minimize
California gnatcatcher, and coastal sage scrub impacts in the
eastern finger canyon.
Circulation Required roadway and intersection improvements, including Hidden
Valley Road from Camino de las Ondas to Palomar Airport Road, are
shown on the tentative map, or included as conditions of approval.
Noise 1. Exterior traffic noise levels do not exceed 60 dBA CNEL;
2. Noise study required to evaluate interior noise levels as part of the
future Site Development Plan for the homes;
3. Residential land use is conditionally compatible with land uses
designated within the 60-65 dBA CNEL noise contours of the
airport land use plan (CLUP).
Park & Rec Proposed project is required to pay Park-in-lieu fees.
Public Safety Proposed project is required to provide sidewalks, street lights, and
fire hydrants, as shown on the tentative map, or included as conditions
of a roval.
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B. SPECIFIC PLAN 203
The proposed project is consistent with the policies of Specific Plan 203. The table below
indicates how the project complies with the relevant requirements of the specific plan:
.. ······.·.·.·.·.·.·.:-:-:-:-:-:-:-:-:-:::::::::::.·•·······-.
:: : : :: :1s111:::::::::::::1 ::J
Land Use
Compatibility
Circulation
Landscaping
Building
Elevations
Affordable
Housing
Site Design
Open space is provided along the eastern and northern slopes,
proposed low density residential is compatible with future residential
(RM) to the west, and there is a roadway (Cherry Blossom Rd.)
between the residential building pads and Poinsettia Community Park
to the south.
See General Plan Discussion under Circulation. In addition, Hidden
Valley Road would have pedestrian sidewalks and bike lanes.
70% of the lots have three (3) street trees in the front yard, and 30%
of the lots have one (1) tree. All manufactured slopes have
landscaping to prevent erosion and to provide visual screening.
The building elevations of future single-family homes would be
reviewed by the Planning Commission under a Site Development
Plan.
Designate 9 second dwelling units, deed restrict 1 three-bedroom
home or purchase 1 credit in Villa Loma per the offsite affordable
housing provisions of Section IV.C.3.ii of SP 203
The layout of the subdivision does not impact steep slopes, the streets
are curvilinear, and there are adequate buffer areas between the
ro osed dwellin units and the o en s ace lot and Poinsettia Park.
C. ZONING ORDINANCE
1. One-Family Residential Zone (R-1-7500):
The developer is proposing to subdivide the property into single-family lots,
therefore, the following table summarizes the project's compliance with the standards
of the R-1-7500 Zone:
Lot Size (Min.)
Lot Width
Second Dwelling
Unit Size
7,500 Square Feet
60 Feet
640 Square Feet
7,570-19,201 SF
60-100 Feet
640 Square Feet
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Garage Size &
2nd Unit Parking
Lot Coverage
Building Height
Panhandle Lot:
Access Length -
Combined Access
Width -
Buildable Area -
Setbacks:
Front -
Street Side -
Side -
Rear -
Two Car Garage -20'X 20'
One Additional Space
40 Percent
30 Feet & Two-Story
150 Feet Max.
30 Feet Min.
8,000-10,000 SF
20 Feet
10 Feet
10% of Lot Width
20% of Lot Width
j
Two & Three-Car Garages
To Be Determined with Future
SDP
To be Determined with Future
SDP
120 Feet
30 Feet
8,635-9,836 SF
To Be Determined with Future
SDP
The developer is also proposing Lots No. 28 and 29 as panhandle type lots. The two
lots are justified based on the irregular configuration of the buildable area of the
overall parcel. The buildable portion of the parcel is long and narrow and
constrained with steep slopes to the north and east, and a property boundary to the
west, resulting in developable land that cannot be served adequately with a public
street. The panhandle lots are located along the perimeter of the site and between
two cul-de-sac bulbs and would not adversely effect public street access to
surrounding properties. The project has been appropriately conditioned to ensure
that the panhandle lots comply with the access, parking, setback, and drainage
provisions of the code.
2. Qualified Development Overlay Zone:
The property contains the Q-Overlay Zone. At this point in time the developer is
not planning to construct homes on the lots, therefore, the Q-Overlay Zone would
require that a Site Development Plan (SDP) be approved by the Planning
Commission prior to approval and issuance of building permits for the homes. The
SDP would show the floor plans, placement of the homes on the lots, building height,
and the architectural elevations of the homes.
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3. Chapter 21.85 Inclusionary Housing, and Chapter 21.53, Site Development
Plan:
The project would have 61 single-family lots and an inclusionary housing requirement
of 10.764 dwelling units which must be affordable to lower income households. In
addition, 10 percent of those units, or 1 dwelling unit, must be a three-bedroom unit.
The developer is proposing to satisfy the housing requirements by designating, onsite,
9 lots for future second-dwelling units. The second-dwelling units would have
exterior access, be incorporated into the second-story of the primary home, and
utilize a portion of the three-car garage for parking. Since the project also requires
the provision of 1 three-bedroom unit which is infeasible to accomplish with second
dwelling units, staff has conditioned the project to deed restrict one of the future
three-bedroom homes as affordable to lower income households. In addition to this
condition, the developer has been provided an option of providing 9 second dwelling
units on-site and purchasing 1 Affordable Housing Credit in Villa Lorna. The offsite
purchase of 1 credit in Villa Lorna is conditioned subject to compliance with City
Council Policy No. 57 and 58, Specific Plan 203, and the final approval of the City
Council as part of the project's Affordable Housing Agreement. The remaining .764
fraction of an inclusionary dwelling unit would be satisfied through the payment of
a fee equal to the fraction (.764) times the average subsidy needed to make
affordable to a lower-income household, one newly constructed typical housing unit.
If at a future date it is determined to be infeasible to provide any of the affordable
housing onsite, the developer has also requested a second option to satisfy the
affordable housing requirements by either purchasing 10 credits in Villa Lorna or
participating in an offsite combined affordable project. In the event of this option,
the project has been conditioned to require future compliance with City Council
Policies 57 and 58, and Specific Plan 203 prior to City Council approval of an
Affordable Housing Agreement to allow the offsite option.
The Carlsbad Municipal Code requires a Site Development Plan for any affordable
housing project of any size. The Site Development Plan for this project indicates
which lots would be designated and deed restricted for second-dwelling units. The
plans also include prototypical preliminary floor plans and building elevations to
illustrate the parking arrangement and how the second-dwelling units integrate into
the primary homes. If, at a later date, the developer desires to build a different type
of primary home/second-dwelling unit or change the designated lots, a Site
Development Plan Amendment must be approved by the Planning Director.
The project has been conditioned to require an Affordable Housing Agreement that
would be submitted for review and approval by the City prior to final map approval.
The Affordable Housing Agreement is a legally binding agreement between the
developer and the City which provides the specific details regarding the phasing and
implementation of the affordable housing requirements of this project.
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4. Hillside Development Regulations:
The project site contains slopes of 15% or greater and an elevation differential
greater than 15 feet, therefore, a Hillside Development Permit is required. The table
below indicates how the project complies with the requirements of the Hillside
Development Regulations:
Slope Height
Grading Volume
Contour Grading
Slope Screening
Slope Setback
Architecture
Roadways
30 Feet
0-7,999 cubic yds/acre
Variety of Slope Direction
& Undulation
Landscaping
Not Quantified -15 Foot
Recommended
Roofline, Building Bulk &
Scale
Follow Contours
14 Feet Max.
6,493 cubic yds/acre
Manufactured Slopes
Follow the Edge of the
Bluff
Combination of Trees,
Shrubs, & Ground Cover
30 -60 Feet
To Be Determined with
Future SDP
Curvilinear Streets That
Follow the Bluff Top
D. MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM
The project is located in the Mello II Segment of the Local Coastal Program (LCP) and
complies with the plan as follows:
1. The project is located within the Coastal Resource Protection Overlay Zone
and would connect to the gravity sewer system that has been proposed and
designed to service the sewer basin in this area which includes a portion of
the Costa Do Sol project, Poinsettia Community Park, and the Mar Vista
project. Sewer Alignment "A" is the environmentally preferred alignment and
would impact steep slopes with disturbed habitat.
Due to the topographic constraints in the area, the District Engineer and the
Coastal Commission staff have both recommended that Alternative "A" is the
least environmentally damaging alternative. On January 3, 1996, as part of
the Mar Vista project (CT 94-11), the Planning Commission approved
Alternative "A" for the following reason:
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a. The Coastal Resource Protection Overlay Zone permits development
and grading on slopes over 25% in order to provide utilities to service
areas of the project site if there is a no less environmentally damaging
alternative. The feasibility of Sewer Alignment "B" is questionable in
terms of tunneling under Encinas Creek to minimize riparian impacts
and the Coastal Commission supports Alignment "A".
Primary access to the site via Calle Serena (Cherry Blossom Road) would
impact .05 acres of steep slopes (25% slope or greater) that contain disturbed
Coastal Sage Scrub habitat. Because this access is also the least
environmentally damaging and provides primary access to flat developable
areas of the site, the slope encroachment is permitted per the requirements
of the Overlay Zone. The Planning Commission also reviewed and
recommended approval of this access, as part of the Mar Vista Project.
2. The project will be conditioned to provide adequate drainage, siltation, and
erosion control facilities as part of the approved grading permit. To avoid
potentially damaging runoff into Encinas Creek during the rainy season, the
grading operation would be limited to the summer construction season, April
1 to October 1.
3. The project contains vacant non-prime agricultural land containing Class III
and IV soils and is located in the Coastal Agricultural Overlay Zone (Site II).
The Mello II LCP requires mitigation when non-prime coastal agricultural
land is converted to urban land uses. The project has been conditioned to
comply with the LCP mitigation option provided when projects are located in
Site II. This option requires the payment of an "Agricultural Conversion
Mitigation Fee" to the California Coastal Conservancy.
E. SUBDMSION ORDINANCE
The proposed tentative map would comply with all the requirements of the City's
Subdivision Ordinance, Title 20. Currently there are no public roads or intersections to
serve the project site, therefore, the developer must extend public off-site street
improvements to connect to the existing circulation network. Primary access to the property
would be provided by future Calle Serena (Cherry Blossom Road) which connects to Hidden
Valley Road. In order to comply with the City's cul-de-sac policy, the developer is also
required to construct a second road connection for emergency access purposes to the
driveway of Poinsettia Community Park to the south (as shown on Exhibit "C", dated
January 17, 1996).
The proposed project is required to provide sidewalks, street lights, and fire hydrants, as
shown on the tentative map, or included as conditions of approval. The local streets have
adequate public right-of-way and connect to Hidden Valley Road which is a non-loaded
collector street. All the local, collector, and major streets within this area would be
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PAGE 10
constructed to full public street width standards, and have curb, gutters, sidewalks, and
underground utilities. The proposed street system is adequate to handle the project's
pedestrian and vehicular traffic and accommodate emergency vehicles.
To mitigate drainage impacts from the project site, the developer is required to provide
adequate drainage, erosion control, and urban pollutant basins. The drainage requirements
of Specific Plan 203, City ordinances, and Mello II have been considered and appropriate
drainage facilities have been designed and secured. In addition to City Engineering
Standards and compliance with the City's Master Drainage Plan, National Pollution
Discharge Elimination System (NPDES) standards will be satisfied to prevent any discharge
violations. To comply with Water Quality standards, City grading and erosion control
requirements, and the requirements of the Mello II segment of the Local Coastal Program,
the developer is required to install permanent and or temporary desiltation/retention basins
at the downstream end of all proposed storm drain pipes.
The subdivision will not conflict with easements of record or easements established by court
judgment, or acquired by the public at large, for access through or use of property within
the proposed subdivision. The project has been designed and structured such that there are
no conflicts with any established easements. In addition, the property is not subject to a
contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act).
F. HABITAT MANAGEMENT PLAN: (IN PROCESS)
Future Calle Serena (Cherry Blossom Road), which would lead from Hidden Valley Road
to the project site, would impact approximately 0.05 acres of disturbed coastal sage scrub
habitat (CSS), and grading for the residential building pads would impact 0.07 acres of CSS.
The impacted CSS habitat area is small in size, linear in shape, partially disturbed and
located along the edge of larger habitat areas, thus the significance of the impact is reduced.
Because the CSS habitat is regarded as disturbed or located along the edges and the
remaining high quality CSS habitat in this area would be preserved, the project is
conditioned to mitigate the 0.12 acre CSS impact by acquiring, for preservation, comparable
quality habitat. The developer is proposing to mitigate this impact by purchasing, for
preservation, .19 acres of Coastal Sage Scrub habitat within the high quality, coastal sage
scrub area found in the Carlsbad Highlands mitigation bank (subject to the approval of the
U.S. Fish and Wildlife Service, the California Department of Fish, and the City of
Carlsbad).
The construction of Calle Serena (Cherry Blossom Road) in this area is the least
environmentally damaging access alternative. · It provides primary access to an othetwise
landlocked area that is surrounded by steep slopes and high quality CSS. The .07 acre
impact within the 60 foot buffer area is small and linear in size and shape and will not
adversely effect the larger habitat area to be preserved in permanent open space (Lot 62).
The project would result in the loss of 0.12 acres of disturbed CSS habitat, therefore, prior
to the issuance of a grading permit, the City will have to authorize this project to draw from
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PAGE 11
the City's 165.70 acre (5%) CSS interim take allowance. The take of 0.12 acres of CSS
habitat from the MSP California LLC property will not impair the ability of the City to
implement it's draft Habitat Management Plan (subregional NCCP). Interim CSS habitat
losses that are incurred before completion and approval of a subregional NCCP/Carlsbad
Habitat Management Plan (HMP), must be approved by the City Council (Habitat Loss
Permit) and the United States Fish and Wildlife Service. A procedure has been established
which allows the City to benefit from the 4( d) rule. This procedure includes: establishment
of the base number of acres of coastal sage scrub habitat in the subregion, calculation of the
5% for the interim habitat loss, and cumulative record keeping of all interim habitat losses.
Prior to the grading of the project site the Developer must receive City Council approval
of a Habitat Loss Permit. The City has calculated that 5% of the base acreage of coastal
sage scrub in Carlsbad is 165.70 acres. As of August, 1995, 19.38 acres have been taken.
The loss of coastal sage scrub due to this project (0.12 acres) would result in a cumulative
habitat loss of 19.5 acres for the HMP area once all the approved loses have been taken.
This loss does not exceed the 5% guideline of 165.70 acres.
The habitat loss has been reduced or mitigated by the design of the project, in that the Calle
Serena (Cherry Blossom Road) alignment is the most sensitive in terms of habitat and slope
impact and adequate mitigation is proposed to offset habitat impacts from grading for
building pads along Lot 62. The project meets the intent of the City's draft HMP as follows:
1. The 0.12 acre take area is located outside of any Preserve Planning Areas;
2. The habitat loss will not preclude connectivity between areas of high habitat
values since this area is not included as a part of a Linkage Planning Area
(LPA);
3. The habitat loss will not preclude or prevent the preparation of the Carlsbad
HMP in that the area is not a part of a Linkage Planning Area, makes no
contribution to the overall preserve system and will not significantly impact
the use of habitat patches as archipelago or stepping stones to surrounding
PPAs.
4. Mitigation for the loss of the 0.12 acres of CSS will be in the form of the
acquisition of habitat credits as discussed above. The loss of habitat on the
MSP California LLC property will not appreciably reduce the likelihood of
the survival and recovery of the gnatcatcher;
5. The habitat loss is located in a disturbed area that is directly adjacent to
Hidden Valley Road and the Poinsettia Community Park, therefore, large
blocks of habitat will not be lost and fragmentation will not occur, and;
6. The habitat area being impacted is at the periphery of a larger CSS habitat
area; it is not in the center where the loss of habitat would be more
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PAGE 12
important.
G. GROWTH MANAGEMENT
The proposed project is located within Local Facilities Management Plan Zone 20 in the
Southwest Quadrant of the City. The impacts created by this development on public
facilities and compliance with the adopted performance standards are summarized as
follows:
CITY ADMINISTRATION 246.8 square feet Yes
LIBRARY 131.6 square feet Yes
WASTE WATER TREATMENT 71 EDUs Yes
PARKS .49 acres Yes
DRAINAGE Basin No. 3 Yes
CIRCULATION 670 ADT Yes
FIRE Station No. 4 Yes
OPEN SPACE 3.48 acres Yes
SCHOOLS CUSD Yes
SEWER COLLECTION SYSTEM 71 EDUs Yes
WATER 15,620 GPD Yes
The project is 68.26 dwelling units below the Growth Management Dwelling Unit allowance
of 139.26 dwelling units for the property as permitted by the Growth Management
Ordinance. Surplus dwelling units (68.26) that are not used by the developer are placed into
a City bank of excess dwelling units. The City can allocate these dwelling units to residential
projects that exceed the growth control point (Density Bonus) in order to provide affordable
housing.
H. ENVIRONMENTAL REVIEW
The project site is located within the boundaries of Specific Plan SP 203 which covers the
640 acre Zone 20 planning area. The certified Final Program EIR 90-03 for Specific Plan
203 addresses the potential environmental impacts associated with the future buildout of the
Zone 20 Specific Plan area and is on file in the Planning Department. Use of a Program
EIR enables the City to characterize the overall environmental impacts of the specific plan.
The Final Program EIR contains broad, general environmental analysis that serves as an
information base to be consulted when ultimately approving subsequent development
projects (i.e. tentative maps, site development plans, grading permits, etc ... ) within the
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specific plan area. The City can avoid having to "reinvent the wheel" with each subsequent
development project by analyzing, in the program EIR, the regional influences, secondary
effects, cumulative impacts, and broad alternatives associated with buildout of the planning
area. The recommended and applicable mitigation measures of Final EIR 90-03 are
included as conditions of approval for this project. Per the requirements of Final EIR 90-
03, additional project specific environmental studies, including biological analysis, have been
prepared. These studies provide more focused and detailed project level analysis and
indicate that additional environmental impacts beyond what was analyzed in Final EIR 90-03
will result from implementation of the project.
In addition to the Final EIR for Specific Plan 203, more recently the City has certified a
Final Master Environmental Impact Report for an update of the 1994 General Plan. The
Master EIR serves as the basis of environmental review and impact mitigation for project's
that are consistent with the plan, including projects within Specific Plan 203.
Per the recommendations of Final EIR 90-03, a Mitigated Negative Declaration was issued
for this project to evaluate the additional environmental impacts created by the two off-site
sewer lines, project grading, and the access road (Cherry Blossom Road) from Hidden
Valley Road. The Planning Director has determined that the project will have a significant
effect on the environment, however, there will not be a significant effect in this case since
the mitigation measures and Mitigation and Reporting Program described in the attached
EIA-Part II have been added to the project. This decision was based on findings of the
EIA-Part II, an evaluation of Final EIR 90-03 and Master EIR 94-01, an archaeological
report, a biological survey and impact study, a geotechnical report, soils report, pesticide
residue survey and report, acoustical study, traffic report, and field surveys by staff.
The Mitigated Negative Declaration was sent to the State Clearinghouse and the United
States Fish and Wildlife Service for public agency review and letters were received from the
California Department of Fish and Game (DFG) and the California Coastal Commission
(CCC). DFG concurs with the mitigation measures of the Mitigated Negative Declaration
and agrees with staff that the project is consistent with the Natural Communities
Conservation Planning Program Guidelines (NCCP). The CCC recommends Sewer
Alignment "A" because it is the least environmentally damaging alternative. They have also
commented on the project's grading and the potential impact it may have on steep slopes.
In response to this comment, the project's grading for the trail, local internal streets, and
building pads has been designed to avoid all steep slopes and the proposed manufactured
slopes have been contoured graded to follow the top of the bluff. In addition, future
buildings would be setback 60 feet from the steep slope and native habitat areas.
ATIACHMENTS:
1. Planning Commission Resolution No. 3879
2. Planning Commission Resolution No. 3880
3. Planning Commission Resolution No. 3881
4. Planning Commission Resolution No. 3882
CT 95-03/SDP 95-06/H. 95-06 -EMERALD RIDGE WES,
JANUARY 17, 1996
PAGE 14
5. Location Map
6. Background Data Sheet
7. Local Facilities Impact Assessment Form
8. Disclosure Form
9. Department of Fish and Game letter, dated November 17, 1995
10. California Coastal Commission letter, dated November 30, 1995
11. Full size Exhibits "A" -"M", dated January 17, 1996 JG:kr
• •
EMERALD RIDGE -WEST
CT 95-03/SDP 95-06/HDP 95-06
.• BACKGROUND DATA SHEET •
CASE NO: CT 95-03/SDP 95-06/HDP 95-06
CASE NAME: EMERALD RIDGE WEST
APPLICANT: MSP CALIFORNIA LLC
REQUEST AND LOCATION: 61 Single-Family Lots, 9 Second Dwelling Units, & one 8.3 acre Open
S ace Lot
LEGAL DESCRIPTION: All that certain parcel of land delineated and designated as "Description No.
1,103.91 Acres" on Record of Survey map No. 5715, filed in the Office of the County Recorder of San
Diego County, December 19, 1960, being a portion of Lot G of Rancho Agua Hedionda, according to Map
thereof No. 823. filed in the Office of the County Recorder of San Diego County, November 16, 1896, a
portion of which lies within the City of Carlsbad, all being in the County of San Diego. State of California.
Excepting therefrom that portion lying within Parcels "A." "B," "C," and "D" of Parcel No. 2993 in the City
of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San
Diego County, August 23, 1974 as File No. 74-230326 of Official Records
APN: 212-040-32 and 36
(Assessor's Parcel Number)
Acres 56.3 Proposed No. of Lots/Units 61 Lots and 71 Units
GENERAL PLAN AND ZONING
Land Use Designation _~R~e-s_id __ e=nt ..... ia ___ l"""M=--ed ____ i ..... um=----
Density Allowed 6 dus/acre
Existing Zone R-1-7500-0
Density Proposed ___ 3 ...... 0-=1 __
Proposed Zone NIA
Surrounding Zoning and Land Use: (See attached for information on Carlsbad's Zoning Requirements)
Zoning Land Use
Site R-1-7500-Q Agriculture
North OS Vacant
South PC Park
East R-1-10-Q Residential
West R-1-7500-Q Agriculture
PUBLIC FACILITIES
School District Carlsbad Water District Carlsbad Sewer District Carlsbad
Equivalent Dwelling Units (Sewer Capacity) ....:7=1-=E=D=-aaU.;:;.s ________________ _
Public Facilities Fee Agreement, dated .... M ......... ay......,=.26 ..... , ___ l-9~95 _________________ _
ENVIRONMENTAL IMPACT ASSESSMENT
_x_ Mitigated Negative Declaration, issued ....:O=c=t=ob=e=r-=2:..:.7~19;;..:;9;..:::5 ____________ _
Certified Environmental Impact Report, dated ________________ _
Other,---------------------------------
JG:kr
• CITY OF CARLSBAD ••
GROWI'H MANAGEMENT PROGRAM
LOCAL FACILITIES IMPACTS ASSESSMENT FORM
(To be Submitted with Development Application)
PROJECT IDENTITY AND IMPACT ASSESSMENT:
FILE NAME AND NO: CT 95-03ISDP 95-06/HDP 95-06
LOCAL FACILITY MANAGEMENT ZONE:20 GENERAL PIAN: RM ZONING: R-1-7500
DEVELOPER'S NAME: MSP CALIFORNIA LLC
ADDRESS: 650 S. CHERRY STREET SUITE 435 DENVER COLORADO 80222
PHONE NO: (303) 339-9804 ASSESSOR'S PARCEL NO: -=2=12::a...-0.;;....4:....:.0...:;-3=-2-=an=d~3:::..::6:..-____ _
QUANTITY OF IAND USE/DEVELOPMENT (AC., SQ. Ff., DU): -=5...;:;.;6.=-31....;..7~1 -==un=its=------
ESTIMATED COMPLETION DATE: N'.A
A.
B.
C.
D.
E.
F.
G.
H.
l
J.
K.
L.
City Administrative Facilities: Demand in Square Footage =
Library: Demand in Square Footage =
Wastewater Treatment Capacity (Calculate with J. Sewer)
Park: Demand in Acreage =
Drainage: Demand in CFS =
Identify Drainage Basin =
(Identify master plan facilities on site plan)
Circulation: Demand in ADTs =
(Identify Trip Distribution on site plan)
Fire:
Open Space:
Schools:
Setved by Fire Station No. =
Acreage Provided -
(Demands to be determined by staff)
Sewer: Demand in EDUs -
Identify Sub Basin -
(Identify trunk line(s) impacted on site plan)
Water: Demand in GPO -
246.8 sq. ft.
131.6 sq. ft.
NIA
.49 acres
NIA
NIA
670 ADT
No. 4
3.48
CUSD
71
NIA
15,620
The project is 68.26 dwelling units below the Growth Management Dwelling unit allowance.
• •
City of Carlsbad
--:..ifiiei,h,f.1•24•Ehieet4,il
DfSCLOSCRE STATEMENT
~,:n::i,_,c.i.NT·s ST.l.":":l.AE~i :F ::sc:..csui:ie OF CERTAIN OWNEi=IS~IP INTE;::IESTS ON ALI. A??'..,iCAr:cNS w~1Cr1 -NILi. =EC\.i,Ai:
:,sc;:;ET1CNAi:.Y ACTlCN CN -:-:-.1: ?A.AT CF '11-!E C:'TY COUNCIi.. c~ ANY APPOINTEO 80A~O. CCMMISSICN 0~ C~MMIT'TEE.
· P1ease Pr,nr)
i"he fcilow1ng information must be disclosed: ti-.~ 1'-.y 2 6 ·F.1~5 :•-"' j-. ,J
1 . Applicant
List the names and addresses of all persons having a financiaJ interest in the application.
MSP CALIFORNIA, L,L,C, MSP CALIFORNIA, L,L,C,
Marcus S. Palkowitsh David M. Bentley
650 South Cherry Street, Suite 435 3573 East Sunrise Drive, Suite 221
Denver, Colorado 80222 Tucson, Arizona 85718
2. Owner
List the names and addresses of all persons having any ownership interest in the property involved.
MSP CALIFORNIA, L,L,C, MSP CALIFORNIA. L.L.C.
Marcus S. Palkowitsh David M. Bentley
650 ·south Cherry Street. Suite 435 3573 East Sunrise Drive. Suite 221
Denver. Colorado 80222 Tucson, Arizona 85718
'
3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names ar.c
addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnersn1p
interest in the partnership.
4. If any person identtffed pursuant to (1) or (2) above is a non1)rofit organization or a trust, list the names ana
addresses of any person serving as officer or director of the non1)rofit organization or as trustee or benefic:ar,
of the trust.
FRM00013 8/90
2075 Las Palmas Orive • Carlsbad. California 92009-4859 • (619) 438-1161
• •
(Over)
Disclosure Statement Page 2
5. Have you had mere than 5250 worth of business transacted with any member of City staff. 8car:s
Commissions, Committees and Council within the past twelve months?
Yes _ No "x-If yes, please indicate person(s) _____________________ _
~,,defined u: 'Any ,ndividual. firm. c:op&/Vlersl'lip, joint venture. auociation. social club. fratemal organization. c:orporat,on. estate. m.,jst.
receiver. syndicate, !hie and any otner county, c:ity and county. c:ity mun,c:1pality. di1tr1ct or otner i;>otltic:al tubdr.111,on. or any otnar ;roi..0 or
eomo1nat1on acting aa a unit.•
(NOTE: Attach additional pages as necessary.)
~~ ;--~3-9~·
Signature of applicant/date
Marcus s. Palkowitsh Marcus s, Palkowitsh
Print or type name of owner Print or type name of applicant
FRM00013 8/90
• • STATE OF CALIFORNIA-THE RESOURCES AGENCY PETE WILSON, Governor
DEPARTMENT OF FISH AND GAME
4949 VIEWRIDGE DR.
SAN DIEGO, CA 92123
(619) 467-4212
Mr. Jeff Gibson
Planning Department
City of Carlsbad
2075 Las Palmas Drive
Carlsbad, CA 92009-1576
November 17, 1995
Mitigated Negative Declaration for the Emerald Ridge West Project,
City of Carlsbad, CT 95-03/HDP 95-06/SDP 95-06
Dear Mr. Gibson:
The Department offish and Game's (DFG) Natural Community Conservation Planning
(NCCP) staff has reviewed the mitigated negative declaration, and supporting environmental
documentation, for the Emerald Ridge West development project and offers the following
comments. The proposed 28.9 acres project is located in the City of Carlsbad, south of Palomar
Airport Road, east of Paseo Del Norte, north of Camino de las Ondas, and immediately west of
the proposed alignment of Hidden Valley Road. The development would consist of 61 single-
family residential lots, 10 second-dwelling units, and an 8.3 acre open space lot. An access road
off of Hidden Valley Road, and an off-site sewer line would also be constructed.
The property currently supports 6.44 acres ofDiegan coastal sage scrub (CSS), 0.05 acres
of disturbed CSS, 1.2 acres of southern mixed chaparral, 0.43 acres of riparian vegetation, 0.23
acres of unvegetated channel, and 20.55 acres of disturbed agricultural lands. The site is not
located within the City of Carlsbad':; proposed Habit.t }.fanagement Plan preserve area. No
sensitive plant species were identified on-site. The California gnatcatcher, a federally-threatened
species was observed within the CSS habitat on the property, as well as in habitat just off-site.
The proposed development would impact 18. 0 acres of agricultural lands, and O. 12 acres
of CSS habitat. The habitat where the California gnatcatcher was observed would not be directly
impacted. The project proponent proposes to mitigate impacts to CSS by on-site preservation of
4. 82 acres of CS S and the purchase of O. 19 acres of credit within the Carlsbad Highlands
mitigation bank. On-site impacts to CSS and wetlands from the construction of Hidden Valley
Road will be mitigated by on-site habitat restoration/creation. An adjacent property owner
(Sambi) is responsible for fulfilling this mitigation requirement.
The DFG concurs with the mitigation measures proposed by the project proponent, and
@ . . . .
Mr. Jeff Gibson
November 17, 1995
Page Two
• •
also agrees that they are consistent with the NCCP Guidelines. If mitigation credits are not
purchased in the Carlsbad Highlands mitigation bank, then 0.19 acres of equal or higher quality
CSS habitat must be acquired by the property owner within the North County coastal region. The
DFG would need to review and concur with any alternate mitigation site if this project is to be
processed through the provisions of the NCCP program.
If you have any questions concerning these comments please contact David Lawhead at
(619) 467-4211. Thank you.
cc: Department of Fish and Game
Mr. Ron Rempel
Sacramento
Ms. Patty Wolf
Long Beach
Mr. David Lawhead
San Diego
U.S. Fish and Wildlife Service
Mr. Gail Kobetich
Ms. Ellen Berryman
FILE: Chron
EMRLDRDG.DNL
LAWHEAD/TIPPETS
Sincerely,
fe~t'~
William E. Tippets
NCCP Field Supervisor
STATE OF CALIFORNIA-THE RESOURCES AGEN-• PETE WILSON, Governor
CALIFORNIA COASTAL COMMISSION
SAN DIEGO COAST AREA
3111 CAMINO DEL RIO NORTH, SUITE 200
SAN DIEGO, CA 92108-1725
(619) 521-8036
City of Carlsbad
2075 Las Palmas Drive
Carlsbad, CA 92009-1576
Attn: Jeff Gibson
November 30, 1995
RE: Proposed Mitigated Negative
Declaration for the Emerald Ridge
West Project -SCH #95101062
Dear Mr. Gibson:
DEG
Commission staff has reviewed the above cited document and would like to provide the
following comments. To begin with, it is our understanding that the project involves a 61-
lot residential subdivision along with open space and 10 second dwelling units. The
project also proposes a number of on-and off-site road and utility improvements including
two alternative sewer alignments. Relative to procedures, the project site is located within
the Coastal Zone and is therefore subject to coastal development permit review. The
project site is located within the area governed by the City of Carlsbad certified Mello II
LCP segment. As such, the standard of review for the coastal development permit is the
Commission-certified Mello II LCP segment.
Pertaining to potential concerns raised by the above cited draft document, the document
deiails two sewer/storm drain aitemative aiignmenis (A & B). Based on the information
provided, Alternative B would have significant impacts on environmentally sensitive
habitat areas, while Alternative A does not have any direct native or sensitive habitat
impacts. As such, Alternative A is clearly the least environmentally-damaging alternative.
However, the draft document does not specify which alignment is being proposed. As you
are aware, in March of this year, the Coastal Commission approved a permit for a
residential subdivision south of the subject site (ref. CDP #6-94-131/Toyohara). The
Commission's approval also included the extension/improvement of Hidden Valley Road
north from the project to Palomar Airport Road. In its approval, the Commission found
that while the road alignment would impact dual criteria slopes, such impacts could be
accepted because the road alignment would also provide necessary sewer, water and
access to other developable areas. In subsequent permit actions for other development in
this area, the Commission made additional findings that, because of potential impacts to
environmentally sensitive habitat areas, any proposed sewer lines to serve development in
Jeff Gibson
November 30, 1995
Page2 • •
this area should be within Hidden Valley Road. Due to topographic constraints that
would require the use of a pump facility, which can be costly to construct and maintain,
neither alternative is proposed within Hidden Valley Road. However, because Alternative
A does not involve any native habitat impacts, it should be the "preferred alternative".
The draft document also states that approximately 129,205 cubic yards of grading is
necessary to accommodate building pads, lots, utilities, etc., and that the grading conforms
to the City's Hillside Development Ordinance. However, the document does not indicate
whether a slope analysis has been completed and if there is any grading of dual-criteria
slopes. As such, this should be clarified. In addition, because portions of the site drain to
environmentally sensitive habitat areas, any grading that occurs during the winter rainy
season could lead to sedimentation impacts to such downstream resources. Therefore, the
document should make it clear that grading of the site would be prohibited during the
winter rainy season (October 1 to April 1), consistent with LCP requirements.
Finally, on Page 15 of the draft document, the statement is made that "no sensitive plant
species were identified onsite ... ". Although this statement is true, taken literally, it is
somewhat misleading. While it is true there are no plant species onsite that have been
listed by any state or federal agencies, the site does contain several environmentally
sensitive habitat areas (Diegan Coastal Sage Scrub, Mixed Chaparral and Riparian) that do
support several listed/protected wildlife species. Therefore, this should be clarified in the
document.
The above comments have been prepared by Commission staff based on the information
available at this time. Additional issues may result from further public review and input.
Again, thank you for the opportunity to comment on this draft document. If you have any
questions, please give me a call.
(ERdgEnv.doc)
Si~
Lee McEachern
Coastal Planner