HomeMy WebLinkAboutCT 06-27; Muroya Subdivision; Tentative Map (CT)~(~'t~
~ CITY OF
CARLSBAD
LAND USE REVIEW
APPLICATION
P-1
Development Services
Planning Department
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
APPLICATIONS APPLIED FOR: (CHECK BOXES)
Development Permits
0 Administrative Permit
(FOR DEPT. USE ONLY) Legislative Permits (FOR DEPT. USE ONLY)
0 Coastal Development Permit (*) OMinor
0 Conditional Use Permit(*)
0 Minor 0 Extension
0 Environmental Impact Assessment
0 Habitat Management Permit 0 Minor
0 Hillside Development Permit (*)
0 Planned Development Permit
(!) Residential 0 Non-Residential
0 Planned Industrial Permit
0 Planning Commission Determination
0 Site Development Plan
0 Special Use Permit
0 Tentative Tract Map
0 Variance 0Administrative
0 General Plan Amendment
0 Local Coastal Program Amendment (*)
D Master Plan
0 Specific Plan
0 Zone Change (*)
0Amendment
[l]Amendment
D Zone Code Amendment
List other applications not specified
0 Condominium Permit
D
D
(*) = eligible for 25% discount
NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30P.M. A PROPOSED PROJECT REQUIRING
ONLY ONE APPLICATION BE FILED MUST BE SUBMITTED PRIOR TO 4:00P.M.
ASSESSOR PARCEL NO(S).: 215-040-03 ---------------------------------------------------------------------PROJECT NAME: Muroya Residential Subdivision
BRIEF DESCRIPTION OF PROJECT: Residential subdivision of 2 residential lots, 1 Private StreeUDriveway Lot and OS lot for
the construction of 37 detached condominiums units on 20.3 acres
OWNER NAME (Print): Muroya Family Trust 05-18-98
MAILING ADDRESS: PO Box 131016
CITY, STATE, ZIP: ...:C..;;.a.;.;.rls.;.;.b;..;.a:..:.;d.:...., C.:..:A...:_ ____ __:9..:::2...;..01.;_3;....___
TELEPHONE: 858-864-6206 -----------------------------EMAIL ADDRESS:
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE
INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY
E.
APPLICANT NAME (Print): Taylor Morrison of CA, LLC
MAILING ADDRESS: 15 Cushing -----------------------------; CITY, STATE, ZIP: ..:..:lrv...;;.i..:..:n...;..e,:....C;;.;;A....;...;;..92;;;;..6;;....1...:8 ________ --I
TELEPHONE: 858-864-6206
------------------------------~ EMAIL ADDRESS: atornillo@taylormorrison.com
P-1 Page 1 of 5 Revised 04/09
BRIEF LEGAL DESCRIPTION: The East one-half of the Northeast quarter of the Northwest quarter, Section 27,
Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the City of Carlsbad.
LOCATION OF PROJECT: Not Assigned Yet
----~------------------S~T=R~E~ET~AD~D~R~E~S~S------------------------
ON THE: West SIDE OF Black Rail Road
(NORTH, SOUTH, EAST, WEST) (NAME OF STREET)
BElWEEN Corte Orchidia AND Avena Ct
(NAME OF STREET) (NAME OF STREET)
IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING
COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY
THAT IS THE SUBJECT OF THIS APPLICATION. 1/WE CONSENT TO ENTRY FOR THIS PURPOSE.
NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING
RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH
THE LAND AND BIND ANY SORS IN INTEREST. =-
FOR CITY USE ONLY
P-1
RECEIVED
NOV 1 0 2009
CITY OF CARLSBAD
PLANNING DEPT
Page 2 of5
RECEIVIO
',,, 1 0 2009
CiTY OF CARLSBAD
i..ANNING DEPT
DATE STAMP APPLICATION RECEIVED
RECEIVED BY:
Revised 04/09
e .
• ·_ Cit}' of Carlsbad I#IL'·"""·'•*4·L''"·'4"'
DISCLOSURE STATEMENT
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
Committee.
The following information MUST be disclosed at the time of application submittal. Your project
cannot be reviewed until this information is completed. Please print.
Note:
Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization,
corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or
other political subdivision or any other group or combination acting as a unit."
Agents may sign this document; however, the legal name and entity of the applicant and property owner must be
provided below.
1.
2.
APPLICANT (Not the applicant's 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, title, 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 publicly-owned corporation. include the
names, titles, and addresses of the corporate officers. (A separate page may be attached if
necessary.)
Person ~(I"\
Title. __ -=-:~M ....... A---=--------
Address ~(~
Corp/Part._..,....-tJI_t=\ ______ _
Title __ --:~...;_( A ______ _
Address___,l'-=---l._[,Pc;. ______ _
OWNER (Not the owner'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, title, 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
publicly-owned corporation. include the names, titles, and addresses of the corporate
officers. (A separate page may be attached if necessary.)
Perso;-W.t;, 'kiP d.o/4 Corp/Part. ________ _
Title 7l<UsTEE --OWNOZ Title. _________ _
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us <i)
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 Profitrrrust Non Profitrrrust ________ _
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?
181 Yes D No If yes, please indicate person(s): (J l.lll"'cr '.l 6vsr--~s.t_,
~ "', o 1t~t. t;f'oVI~-s, oLa.. s-s; •"'4( l7 -* 1/ s wk.-le.s.<4./-c pt:~t.lw.. tr~J f.J
c; t.:~'1 d t c.., tJ , .. ~. NOTE: Attach additional sheets if necessary.
Prinf or type mime of owner 7 Print or type name of applicant
Signature of owner/applicant's agent if applicable/date
Print or type name of owner/applicant's agent
2 of2
CITY OF CARLSBAD
LAND USE REVIEW APPLICATION
1) APPLICATIONS APPLIED FOR: (CHECK BOXES)
(FOR (FOR
DEPARTMENT DEPARTMENT
USE ONLY) USE ONLY)
0 Administrative Permit D Planned Industrial Permit
0 Administrative Variance D Planning Commission Determination
C8j Coastal Development Permit L:D?Ob-3 {] Precise Development Plan
0 Conditional Use Permit D Redevelopment Permit
[g] Condominium Permit cp o& -('i D Site Development Plan
m1 Environmental Impact Assessment D Special Use Permit
C8J General Plan Amendment S Mol.:-~6 'B Specific Plan
~ Hillside Development Permit Itt DP C*"-lC +eAtati>Je F!aFsel Maf} )' Obtain from Engineering Department
[g] Local Coastal Program Amendment L. r'Pt\-0~ -Cf 1~ Tentative Tract Map ~~c&-2:7
0 Master Plan D Variance
0 Minor Conditional Use Permit [g) Zone Change c.~O~-D
0 Non-Residential Planned Development ~ tf;;. fca67o~s;c;_ 0 Planned Development Permit
2) ASSESSOR~RCELNO(S).: ~21~~~M~~~m~~~~~~~~~~~~~~~~~~~~~~
3) PROJECT NAME: ___;..;M..:..:u=ro:....r..y=-a ~Re=s..:..:id=en=ti=ai;....:S=u=bd=iv.;...;.is=io=n;....__ ______________ _
4) BRIEF DESCRIPTION OF PROJECT: Residential s11bdivision of 2 residential lots 1 Private Street/Driveway I at and 2 OS
lots for the construction of 37 detached condominiums units on 20 3 acres
A d S lsb d ~pplicant Representative: Jack Hent wm & Associates, 5365 Aveni a Encinas, 'uite A, Car a, CA 92008
5) OWNER NAME (Print or Type) 6) APPLICANT NAME (Print or Type)
Muroya Family Trust 05-18-98 Taylor Woodrow Homes, Inc
MAILING ADDRESS MAILING ADDRESS
PO Box 131016 167 45 W. Bernardo Dr., Ste 140
CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE
Carlsbad, CA 92013 (858) 943-5100 San Diego, CA 92127 (858) 943-5100
EMAIL ADDRESS: EMAIL ADDRESS:
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE
INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY OWNE;e~ND THAT ALL THE ABOVE INFORMATION IS TRUE AND
KNOWLEDGE. CORR ·~MYKNOWLEDGE. ~.U'Jw.f&<.:J4 · ~ /.z -6--,yuC, IJ tthlrf-
SIGNATURE ' ATE SIG~RE DA--~
7) BRIEF LEGAL DESCRIPTION Fast 1/? of the NF O!Jarter of the NW O!!arter Sec 27 Township 12S Bange 4W San
Bernardino Base and Meridian City of Carlsbad Co11nty of San Diego
NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30 P.M.
A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED, MUST BE SUBMITTED PRIOR TO 4:00 P.M.
Form 14 Rev. 03/06
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' 8) LOCATION OF PROJECT: . ~~ _____ No_n_e_a_ss_ig_n_ed_y_e_t. ____ ~~~~~------------------~
9)
10)
13)
16)
19)
22)
25)
ONTHE~I --~~W~e~st~~~~~
(NORTH, SOUTH, EAST, WEST)
BEnNEEN~~---=C~or=te~O~rc=hi=di=a=---~
(NAME OF STREET)
LOCAL FACILITIES MANAGEMENT ZONE 20
STREET ADDRESS
Sl DE oFI ~ -------::-B.,...,.Ia.,....,c=""k =Ra,...,i I=R=o=ad,.....-__ __.
(NAME OF STREET)
AND~~----~~A~ve~na=C=t~----~
(NAME OF STREET)
PROPOSED NUMBER OF LOTS 011) NUMBER OF EXISTING 012) PROPOSED NUMBER 0
OF RESIDENTIAL UNITS 38 RESIDENTIAL UNITS
TYPE OF SUBDIVISION ~14) PROPOSED IND OFFICE/~ 15) PROPOSED COMM ~ SQUARE FOOTAGE SQUARE FOOTAGE
PERCENTAGE OF PROPOSED I Approx 117) PROPOSED INCREASE ~18) PROPOSED SEWER 0 PROJECT IN OPEN SPACE INADT USAGE IN EDU
GROSS SITE ACREAGE ~20) EXISTING GENERAL ~21) PROPOSED GENERAL B PLAN PLAN DESIGNATION
EXISTING ZONING 023) PROPOSED ZONING I RO-M 124) HABITAT IMPACTS ~ IF YES, ASSIGN HMP #
IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY
STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS
TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. 1/WE CONSENT
TO NTRY FOR THIS PURPOSE
FOR CITY USE ONLY
FEE COMPUTATION
APPLICATION TYPE FEE REQUIRED
TOTAL FEE REQUIRED
Form 14 Rev. 03/06
DEC f ~ 2006
CITY OF CARLSBAD
DATE~~~~~lRECEIVED
I '/L
PAGE 2 OF 5
c
CITY OF CARLSBAD
APPLICATION REQUIREMENTS FOR:
COASTAL DEVELOPMENT PERMIT (SINGLE FAMILY REGULAR AND MINOR)
COASTAL DEVELOPMENT PERMIT SUPPLEMENTAL APPLICATION (FOR ALL COASTAL
DEVELOPMENT PERMITS)
This supplemental application is to be filed for any development requiring a Coastal Development Permit
issued by the City of Carlsbad.
**Application checklist for Non-Single Family Regular Coastal Development Permits covered under
separate handout.
A proposed project requiring that multiple applications be filed must be submitted prior to 3:30 p.m. A
proposed project requiring that only one application be filed must be submitted prior to 4:00 p.m.
All joint application exhibits, i.e. Tentative Map and Planned Development Site Plan should be prepared at the
same scale. (Use a scale no smaller than 1" = 40'.)
This supplemental application is to be filed for any development requiring a Coastal Development Permit
issued by the City of Carlsbad.
I. GENERAL BACKGROUND
A. Estimated Cost of Development:
Development costing $60,000 or more does not qualify as a Minor Coastal Development
Permit. The Planning Director shall make the final determination regarding a project's cost of
development.
The primary basis for determining cost of development will be the application of dollar costs
per square foot for different types of residential construction. These costs are set by the
International Conference of Building Officials (ICBO) and are applied throughout San Diego
County.
Please complete the following information to assist in the determination of this project's cost
of development (Contractor proposals may also be submitted for consideration by the
Planning Director). Please refer to the current fee schedule for the appropriate $/square foot
fee rate.
New Residential Square Footage:
1 02 677 square feet x $ 1 02 /sq. ft.= $ __ ____.1-"'0·..:L47'-"'3""'0""54L.._ __ _
Residential Addition Square Footage:
______ square feet x $ /sq. ft.=$ __________ _
Any Garage Square Footage:
______ square feet x $ /sq. ft. = $ __________ _
Residential Conversion Square Footage:
______ square feet x $ /sq. ft.=$ __________ _
Please contact the City of Carlsbad Building Department for current fee rate for Non-
Residential uses (i.e. RetaiVStore; Restaurants; Office; and
Manufacturing/Ware house uses.)
______ square feet x $ __ /sq. ft.=$ ___________ _
COST OF DEVELOPMENT ESTIMATE: $ ______ 1.:..::0.J...:.4.:....:73=,0=54-'-------
• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •
Form 13 Revised 04/04 Page I of7
·. c
B. Do you wish to apply for:
1. A Minor Coastal Development Permit (Under $60,000 cost estimate) D
2. A Regular Coastal Development Permit ($60,000 or more cost estimate) IXJ
C. Street address of proposed development
None Assigned Yet
D. Assessor's Parcel Number of proposed development
215-040-03
E. Development Description:
Briefly describe project: 37 detached condominium project on a 20.27 acre site within Local Facilities
Management Zone 20. Applications include a tentative map, condominium permit, coastal development
permit, hillside development permit, general plan amendment, zone change and local coastal program
amendment.
F. Describe the present land uses (i.e. vacant land, single family homes, apartments, offices, etc.)
that surround the proposed development to the:
G.
North: Existing Single Family Homes
South: Existing Condominiums
East: Existing Single Family Homes and Vacant Land
West: Existing Single Family Homes
Is project located within a 100-year flood plain? [!] No
II. PRESENT USE OF PROPERTY
III.
A. Are there existing structures on the property? [!]Yes D No
If yes, please describe.
B.
Existing single family residence within the southeastern portion of the site that will remain and existing shade
houses/maintenance sheds.
Will any existing structure be removed/demolished? [!]Yes D No
If yes to either question, describe the extent of the demolition or removal, including the
relocation site, if applicable (also show on plans).
The shade houses and maintenance sheds will be demolished and removed as part of the proposed project.
LOT COVERAGE
A. Existing and Proposed
Existing New ProQosed Total
Building Coverage 4,800 sq. ft. 65,005 sq. ft. 69,805 sq. ft.
Landscaped Area 344,125 sq. ft. 191,416 sq. ft. 191,416 sq. ft.
Hardscape Area 34,685 sq. ft. 72,597 sq. ft. 107,282 sq. ft.
Unimproved Area
(Left Natural) 490,487 sq. ft. 484,887 sq. ft. 484,887 sq. ft.
• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •
Form 13 Revised 04/04 Page 2 of7
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B. Parking: Number of existing spaces 2
Number of new spaces proposed 91
Existing/Proposed TOTAL: 93
Number of total spaces required 86
Number of covered spaces 74
Number of uncovered spaces 17
Number of standard spaces 17
Number of compact spaces 0
Is tandem parking existing? DYes#_ [!]No
Is tandem parking proposed? DYes#_ [!]No
C. Grade Alteration:
Is any grading proposed? [!]Yes DNo
Ifyes, please complete the following:
1. Amount of cut 23,350 cu. yds.
2. Amountoffill 20,100 cu. yds.
3. Maximum height of fill slope 20 feet
4. Maximum height of cut slope 16 feet
5. Amount of import or export 0 cu. yds.
6. Location of borrow or disposal site N/A
• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •
Form 13 Revised 04/04 Page 3 of7
0
PROJECT DESCRIPTION/EXPLANATION
PROJECT NAME: ____ ...,o.M=u=r=o..l-'ya=P"-'r=o.&:-pe=rty~------------
APPLICANT NAME: ---~T.:::.avl..!.lo;:;;.:r;_W~o:::..;od=r=ow..:...:.....:;H=o=m=e=s"-', I=n=c _______ _
Please describe fully the proposed project by application type. Include any details
necessary to adequately explain the scope and/or operation of the proposed project.
You may also include any background information and supporting statements regarding
the reasons for, or appropriateness of, the application. Use an addendum sheet if
necessary.
Description/Explanation:
Taylor Woodrow Homes, Inc is requesting the approval of a tentative tract map, condominium
permit, coastal development permit, hillside development permit, general plan amendment, zone
change and local coastal program amendment for a proposed detached condominium
development located within Local Facilities Management Zone 20 on the west side of Black Rail
Road (APN 215~040~03). The proposed project will consist of 3 7 detached condominium units.
The proposed homes will consist of four (4) floor plans ranging in size from approximately 2,068
to 2,827 square feet.
Plan 1 -Approximately 2,228 sq. ft.
Elevation Styles -Adobe Ranch
Andalusian
Plan 2-Approximately 2,068 sq. ft.
Elevation Styles-Adobe Ranch
Andalusian
Santa Barbara
Plan 3 -Approximately 2,495 sq. ft.
Elevation Styles -Adobe Ranch
Andalusian
Santa Barbara
Plan 4-Approximately 2,827 sq. ft.
Elevation Styles -Andalusian
Santa Barbara
City of Carlsbad
M$@illliill.i•M•Siiill@lll
DISCLOSURE STATEMENT
!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 Committee.
The following information MUST be disclosed at the time of application submittal. Your project cannot
be reviewed until this information is completed. Please print.
Note:
Person is defined as "Any individual, firm, co-partnership, joint venture, assoc1atwn, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, in this and an other county, city and county, city
municipality, district or other political subdivision or any other group or combination acting as a unit."
Agents may sign this document; however, the legal name and entity of the applicant and property owner must be
provided below.
1. APPLICANT (Not the applicant's 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, title, 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 publicly-owned corporation, include the
names, titles, and addresses of the corporate officers. (A separate page may be attached if
necessary.)
Person Taylor Woodrow Homes. Inc Corp/Part
Title-------------
Address 167 45 W. Bernardo Drive. Ste 140
San Diego, CA 92127
2. OWNER (Not the owner's agent)
Title---------------
Address--------------
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 publicly-
owned corporation, include the names, titles, and addresses of the corporate officers. (A separate
page may be attached if necessary.)
Person Muroya Family Trust 05-18-98 Corp/Part
Title-------------
Address PO Box 131 016
Carlsbad. CA 92013
Title----------------
Address --------------
1635 Faraday Dr. • Car1sbad, CA 92009-1576 • (760) 602-4600 • FAX (760) 602-8559 • www.cl.carlsbad.ca.us
3. NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a non12rofit 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 a trustee or beneficiary of the.
Non Profit/Trust Akira Muroya
Title Trustee
Address PO Box 131016. Carlsbad. CA
Non Profit/Trust _T.!-'o~se!..!:hi~ko~M~u!..!:ro:.z.:va~----
Title Trustee
Address PO Box 131016. Carlsbad. CA
4. Have you had more than $250 worth of business transacted with any member of City staff,
Boards, Commissions, Committees and/or Council within the past twelve (12) months?
DYes C8J 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 of my knowledge.
~-l11tutf--~.!J;;c_6-~rt7&
Signature of owner/date
/J /Ct',e.A I-f J~o /A-
-~~54/,k~ dt;~P(/f
Print or type name of owner
Signature of owner/applicant's agent if applicable/date
Print or type name of owner/applicant's agent
H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98
Signature of applicant/date
Print or type name of applicant
Page 2 of 2
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CERTIFICATE OF RESOLUTION
OF
0
TAYLOR WOODROW HOMES, INC.
The undersigned, being the Secretary of Taylor Woodrow Homes, Inc., a California
corporation (the "Corporation"), does hereby certify that on June 12, 2006 the following
resolutions were duly and regularly passed and adopted in all respects as required by law and
the Bylaws of the Corporation and that such resolutions are still in full force and effect and have
not been amended, modified, revoked or rescinded:
RESOLVED, that as of the date set forth below, Gilbert J. Miltenberger, formerly the
Vice President of the South Division of the Corporation, is appointed to the position of Southern
California Vice President.
RESOLVED FURTHER, that in his capacity as Southern California Vice President,
acting alone or jointly with other officers of the Corporation, be, and hereby is authorized to
execute on behalf of the Corporation any and all documents and to take such action as he may
deem necessary or advisable in order to carry out the purposes of the Corporation and these
resolutions as same may be related to the business, management and operations of the
Corporation in Southern California.
Dated: December 4, 2006
Donald D. Steffensen, Jr., Secretary
1
_,.
' City of Carlsbad
I#IJFI,J.ii.t.I•J§.Jjji .. t§.il
HAZARDOUS WASTE AND SUBSTANCES STATEMENT
Consultation OfLists of Sites Related To Hazardous Wastes
(Certification of Compliance with Government Code Section 65962.5)
Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous
Wastes and Substances Sites List compiled by the California Environmental Protection Agency and
hereby certify that (check one): ·
[8J The development project and any alternatives proposed in this application are not contained on
the lists compiled pursuant to Section 65962.5 of the State Government Code.
0 The development project and any alternatives proposed in this application are contained on the
lists compiled pursuant to Section 65962.5 of the State Government Code.
APPLICANT
Name: Taylor Woodrow Homes, Inc
Address: 167 45 W. Bernardo Drive Ste 140
San Dieao. CA 92127
Phone Number: (858) 943-5100
Address of Site: None assigned yet.
PROPERTY OWNER
Name: Muroya Family Trust 05-18-98
Address: PO Box 131016
Carlsbad CA 92013
Phone Number: (858) 943-5100
Local Agency (City and County): City of Carlsbad, County of San Diego
Assessor's book, page, and parcel number:--=2:...:.1.::..5-...:0..:..40=--..:.0.::..3 ----------------
Specify list(s):_~N'L!.A:L-__________________________ _
Regulatory Identification Number:_....!N.:!L,!;!A _______ ___,.. ____________ _
Date ofList:_·~N!L!A:L-----------------------------
AclminiCowllcr!HazWurc
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 (i
I
I L
{"""
'-"' PLEASE NOTE:
· Time limits on the processing of discretionary projects established by state law do not start until
a project application is deemed complete by the City. The City has 30 calend;:tr days from the
date of application submittal to determine whether an application is complete or incomplete.
Within 30 days of submittal of this application you will receive a letter stating whether this
application is complete or incomplete. If it is incomplete, the letter will state what is needed to
make this application complete. When the application is complete, the processing period will
start upon the date of the completior;liE~tt~. '
;' ' / / /// / / /> / j/ ; 'i
Applicant Signature: / .--'/ i ,F
Staff Signature: (\ Ji~j
Date: \ c· I \:Jio ~~, ' t?
• To be stapled with receipt to the application
• Copy for file
Form 20
STATEMENT OF AGREEMENT
TENTATIVE PARCEL MAP
CITY OF CARLSBAD
The Subdivision Map Act and the Carlsbad Municipal Code sets a fifty (50) day time
restriction on Engineering Department processing. This time limit can only be extended
by the mutual concurrence of the Applicant and the City. By accepting applications for
Tentative Parcel maps concurrently with applications for other approvals which are
prerequisites to the Map (i.e., Environmental Assessment, Environmental Impact
Report, Condominium Plan, Planned Unit Development, etc.), the fifty (50) day time
limits are often exceeded. If you wish to have your application processed concurrently,
this agreement must be signed by the Applicant or his agent. If you choose not to sign
the statement, the City will not accept your application for the Tentative Parcel Map until
all prior necessary entitlements have been processed and approved.
The Undersigned understands that the processing time required by the City may exceed
the time limits; therefore, the Undersigned agrees to extend the time limits for City
Engineer action and fully concurs with any extensions of time up to one (1) year from
the date the application was accepted as complete to properly review all of the
applications.
Name (please print)
Date ..
RelatlShip to Application
(Property Owner/Agent)
H:/Development Services/Masters/Applications-Counter/Statement of Agreement Tentative Parcel Map 5/19/00
Bakersfield
661.334.27 55
0 0
ENVIRONMENTALSERVICES • PLANNING. NATURALRESOURCESMANAGEMENT
MEMORANDUM
Date: December 11, 2006
To: Ms. April Tornillo, Taylor Woodrow Homes, Inc
From: Jennifer M. Sanka, M.A., Staff Archaeologist
Subject: Summary of Cultural and Paleontological Resource Findings for the Taylor Woodrow, Inc.
Muroya Project in the City of Carlsbad, San Diego County, California
At the request of Ms. April Tornillo, Michael Brandman Associates (MBA) has conducted a
Phase I cultural and paleontological resource assessment at the proposed Project Area located in
the City of Carlsbad, San Diego County, California. The.detailed Phase I Cultural Resources
Assessment will be available in the forthcoming document entitled: Phase I Cultural Resources
Assessment and Paleontological Records Review Muroya Project City of Carlsbad, San Diego
County, California (MBA, 2006). The following information has been adapted from this Phase I
report.
Project Location and Description
Totaling approximately 20 acres, the Muroya Project Area can be found on the Encinitas,
California, United States Geological Survey (USGS) 7.5-minute topographic quadrangle map, in
the northern half of section 27 of Township 12 South, Range 4 West. Specifically, the Project
Area is located west of Black Rail Road, north of Aviara Parkway and east of Towhee Lane. The
proposed use of the Project Area is for future residential development.
Summary of Cultural Resource Findings
On November 28, 2006, MBA Consulting Archaeologist Jonathan Wright conducted a records
search at the South Coastal Information Center (SCIC), which is located at San Diego State
University. According SCIC files, approximately 75 previously known cultural resources are
recorded within the 0. 75 mile search radius. One of these cultural resources is located in the
southern portion of the plant nursery, which presently occupies the northern and eastern portions
of the overall Project Area.
MBA Project Archaeologist Jennifer M. Sanka surveyed the Project Area on December 3 and 5,
2006. As a result of the pedestrian survey, an additional isolated cultural resource was identified.
Fresno
559.497.0310
Irvine
'14.508.4100
'>V\VW. branclman.com
Palm Springs
760.322.88+7
Sacramento
916.383.09-IA
San Bernardino
909.884.2255
San Ramon
925.830.2733
mba@branclman.com
Santa Cruz
831.262.1731
...
Ms. April Tornillo
December 11, 2006
Page2
c
Summary of Paleontological Resource Findings
0
The paleontological review, conducted by Margaret M. Hart, Lab Manager of the San Diego
Natural History Museum (SDNHM), showed that the sedimentary rocks mapped in the vicinity of
the Project Area are middle Pleistocene Terrace Deposits (approximately 0.5 to 1 million years
old) which correlate with the Lindavista Formation, as well as middle Eocene Santiago Formation
sediments ( 45 to 49 million years old). Excavation within the Project Area would likely impact
deposits of the Lindavista Formation, the Santiago Formation and Torrey Sandstone. While
deposits of the Lindavista Formation and Torrey Sandstone have moderate paleontological
sensitivity, sediments belonging to the Santiago Formation are assigned high sensitivity. Any
fossils recovered from these sediments have high potential to be considered scientifically
significant.
The review additionally revealed that there are 32 known paleontologic resource localities within
the 1 mile search radius. Three of these localities are situated directly south ofthe proposed
Project Area.
Cultural Resource Recommendations
Due to the presence of the numerous cultural resources within the 0.75 mile search radius, the
known resource within the Project Area boundaries and the previously undocumented isolated
cultural resource finding during the pedestrian survey, MBA finds that the Project Area has a high
probability for retaining intact, subsurface cultural resources. Therefore, MBA recommends that
cultural resource monitoring take place during all ground disturbing activities associated with the
proposed development. This monitoring program should be developed prior to any grading
within the Project Area.
MBA also recommends that Native American monitoring take place if required or recommended
by the City of Carlsbad.
Paleontological Resource Recommendations
Due to the high sensitivity designation of sediments from the Santiago Formation and the
presence of the numerous paleontological resource localities within the 1 mile search radius,
many of which were recovered from sediments similar to those present within the Project Area,
MBA finds that the Project Area has a high probability for retaining significant, nonrenewable
paleontological resources. Therefore, MBA recommends that paleontological resource
monitoring take place during all ground disturbing activities associated with the proposed
development. This monitoring program should be developed prior to any grading within the
Project Area and should be consistent with the provisions of CEQA.
JMS:ji
H:\Client (PN-JN)\l617\l6170007\Cultural\l6170007_Memo to Ms. Tomillo.doc
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Taylor Woodrow
Taylor Woodrow Homes, Inc.
South Division-Southern California
16745 W. Bernardo Dr. Suite 140
San Diego, CA 92127
6600 Block Black Rail Road -Muroya Property Neighborhood Meeting, November 14th
Olympic Resort Hotel and Spa -Savannah Room, 6111 El Camino Real, Carlsbad, CA 92011
SIGN -IN SHEET
Home Address Please check here
if interested in add. Info.
~~~
.v
Order Number:
Title Officer:
Phone:
Fax No.:
E-Mail:
Escrow Officer:
Phone:
Fax No.:
E-Mail:
Buyer:
Owner:
Property:
Order Number: DIV-1387671 (MR)
Page Number: 1
Updated 12-7-2006
First American Title Company
411Ivy Street
San Diego, CA 92101
DIV-1387671 (MR)
Moon Rash
(619)231-4656
(866)559-1850
mrash@firstam.com
Karen Hagen (KH)
(619)768-4046
(866)414-9488
khagen@firstam.com
Taylor Woodrow Homes, Inc.
Akira Muroya and Toshiko Muroya
6521 El camino Real
Carlsbad, CA
PRELIMINARY REPORT
In response to the above referenced application for a policy of title insurance, this company hereby reports that it is prepared to issue, or
cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein
hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as
an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms.
The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached. Copies of the Policy
forms should be read. They are available from the office which issued this report.
Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this
report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered
under the terms of the title insurance policy and should be carefully considered.
It is important to note that this preliminary report is not a written representation as to the condition of title and may not
list all liens, defects, and encumbrances affecting title to the land.
This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title
insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a
Binder or Commitment should be requested.
Rrst American Title
RECEIVED
DEC 1 :~ ?~06
CITY OF CARLSBAD
PLANNING DEPT
Dated as of December 1, 2006 at 7:30 A.M.
Order Number: DIV-1387671 (MR)
Page Number: 2
The form of Policy of title insurance contemplated by this report is:
To be determined
A specific request should be made if another form or additional coverage is desired.
litle to said estate or interest at the date hereof is vested in:
Akira Muroya and Toshiko Muroya, Trustees of the Muroya Family Trust dated May 18, 1998
The estate or interest in the land hereinafter described or referred to covered by this Report is:
A fee.
The Land referred to herein is described as follows:
(See attached Legal Description)
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said
policy form would be as follows:
1. General and special taxes and assessments for the fiscal year 2006-2007.
First Installment: $2,398.56, Due
Penalty: $239.86
Second Installment: $2,398.56, Open
Penalty: $249.86
Tax Rate Area: 09165
A. P. No.: 215-040-03-00
2. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with
Section 75 of the California Revenue and Taxation Code.
3. Rights of the public in and to that portion of the land lying within roads, streets or highways.
4. An easement for public utilities and incidental purposes, recorded February 28, 1957 as Book
6475, Page 552 of Official Records.
In Favor of: San Diego Gas and Electric Company
Affects: A portion of the herein described property
Rrst American Title
Order Number: DIV-1387671 (MR)
Page Number: 3
5. An easement for roadway purposes and right of way for installation of public utilities and
pipelines and incidental purposes, recorded August 26, 1960 as instrument no. 174500 of Official
Records.
In Favor of: Frank H. Ayres and Son, a corporation
Affects: A portion of the herein described property
6. An easement for a pipeline or pipelines for any and all purposes, together with their necessary
fixtures and appurtenances including but not limited to conduits, and cables for power
transmission and communication purposes, together with the right of ingress thereto and egress
therefrom, to and along said right of way by a practical route or routes and incidental purposes,
recorded August 14, 1961 as instrument no. 139572 of Official Records.
In Favor of: Carlsbad Municipal Water District
Affects: A portion of the herein described property
7. An easement for public utilities and incidental purposes, recorded June 24, 1965 as instrument
no. 113006 of Official Records.
In Favor of: San Diego Gas and Electric Company
Affects: A portion of the herein described property
8. An easement for public utilities and incidental purposes, recorded June 16, 1966 as instrument
no. 99308 of Official Records.
In Favor of: San Diego Gas and Electric Company
Affects: A portion of the herein described property
9. The effect of an easement for a pipeline or pipelines for any and all purposes, together with their
necessary fixtures and appurtenances including but not limited to conduits and cables for power
transmission and communication purposes, together with the right of ingress thereto and egress
therefrom to and along said right of way by a practical route or routes and incidental purposes in
favor of carlsbad Municipal Water District, recorded January 5, 1977 as file no. 77-003537 of
Official Records, described as follows:
An easement sixty feet in width, the center line of said easement of right of way is particularly
described as follows:
Beginning at the South quarter corner of Section 22, Township 12 South, Range 4 West, San
Bernardino Base and Meridian, according to United States Government Survey Approved April 21,
1890; thence Northerly along the North-South centerline of Section 22, 990 feet, more or less, to
the Northwest corner of the Southwest quarter (SW 1/4) of the Northwest quarter (NW 1/4) of
the Southwest quarter (SW 1/4) of the Southeast quarter (SE 1/4) of said section 22, said point
being the true point of beginning; thence southerly retracing the north-south centerline of said
section 22, 990 feet more or less, to the intersection with the northerly line of Section 27,
Township 12 South, Range 4 West, San Bernardino Base and Meridian, according to United
States Government Survey approved April 21, 1890; thence continuing southerly along the north-
south centerline of said section 27, 1,320 feet.
Reference is made to said instrument for further particulars.
At the date of said instrument Frank H. Ayres and son, a corporation had no record
interest in said land nor since acquired any.
Rrst American 77tle
0
Order Number: DIV-1387671 (MR)
Page Number: 4
10. The fact that said land lies within the bridge and thoroughfare district no. 2 (Aviara Parkway-
Poinsettia Lane), as disclosed by instrument recorded July 22, 1997 as file no. 1997-0349124 of
Official Records.
11. An easement for public street and public utility purposes and incidental purposes, recorded March
2, 1998 as instrument no. 98-0107903 of Official Records.
In Favor of:
Affects:
City of Carlsbad, a Municipal corporation
A portion of the herein described property
Said instrument also grants the privilege and right to extend and maintain drainage
structures and excavation and embankment slopes beyond the limits of said right of way
where required for the construction and maintenance thereof.
12. Prior to the issuance of any policy of title insurance, the Company will require:
With respect to the trust referred to in the vesting:
a. A certification pursuant to Section 18100.5 of the California Probate Code in a form satisfactory
to the Company.
b. Copies of those excerpts from the original trust documents and amendments thereto which
designate the trustee and confer upon the trustee the power to act in the pending transaction.
c. Other requirements which the Company may impose following its review of the material
required herein and other information which the Company may require.
Rrst American Tttle
c
Order Number: DIV-1387671 (MR)
Page Number: 7
LEGAL DESCRIPTION
Real property in the City of Carlsbad, County of San Diego, State of California, described as
follows:
THE EAST ONE-HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER, SECTION
27, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED
STATES GOVERNMENT SURVEY.
APN: 215-040-03-00
Rrst American Title
c 0
SAN DIEGO COUNTY
REGIONAL AIRPORT AUTHORITY
AIRPORT LAND USE COMMISSION (ALUC)
NOTICE OF PUBLIC HEARING
PROJECT /LOCATION:
San Diego County Regional Airport Authority Airport Land Use Commission
Determination -6697 Black Rail Road, City of Carlsbad; General Plan Amendment and
Zone Reclassification to construct 37 single-family residential units; APN 215-040-03;
McClellan-Palomar Airport, Airport Land Use Compatibility Plan
LOCAL JURISDICTION:
City of Carlsbad
Mr. Dan Halverson
1635 Faraday Avenue
Carlsbad, CA 92008
(760) 602-4631
A public hearing on the above referenced project will be held by the San Diego County Regional
Airport Authority, acting in its capacity as the Airport Land Use Commission (ALUC) for the
County of San Diego, on May 6, 2010. The ALUC will follow the conclusion of the Airport
Authority Board meeting, which begins at 9:00 am. The hearing will be held in the Commuter
Terminal, 3rd Floor, 3225 N. Harbor Drive, San Diego, California 92101. Please check Authority
web site for any possible changes to dates and times of meetings.
Persons are invited to attend the public hearing and provide oral or written comments regarding the
project. The project will be described and a staff recommendation will be given. Copies of the
agenda, staff report, and draft resolution will be available on SDCRAA's web site no later than
Monday, May 3. http://www.san.org/sdcraa/leadership/staff reports.aspx?tvpe=aluc.
If you have any questions please contact Ed Gowens, SDCRAA, Airport Planner (619) 400-2244
or egowens@san.org.
-~----------------------------------~---~-·-·· ·-----
SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY
Airport Land Use Commission · P. 0. Box 82776 ·San Diego, California 92138-2776
APPLICATION FOR DETERMINATION OF CONSISTENCY
Project Address: 6697 Black Rail Road, Carlsbad, CA 92008
Assessor's Parcel Number(s): _2_1_5_-0_4_0_-0_3 ______________________ _
Jurisdiction: City of Carlsbad Jurisdiction Project Manager: Dan Halverson, Assistant Planner
Address: 1635 Faraday Avenue, Carlsbad, CA, 92008
Telephone number: 760-602-4631 Fax number: 760-602-8559 ---------------Email address: Daniei.Halverson@carlsbadca.gov
Brief Project Description: The grading and development of a 20.27 acre site, currently a palm tree farm
and family residence, into 5 lots (2 residential, 2 open space, and 1 private roadway) and construct 37
detached air-space condominium single family residences and retaining the existing residence for 38 units.
Height ofbuilding(s) above grade: ~Maximum feet above mean sea level: 364 Lot coverage: 12.8%
Total square footage of building space: Area of property in square feet: ..::.8.:.8_:_2:_.:_,9.:.6_1 ___ _
Date project was deemed complete per Government Code: Floor Area Ratio: ------
Attach the following documents to this application:
(I) Property deed or title report listing current owner of record
(2) Assessor's parcel map page showing property
(3) FAR Part 77 determination of hazard (if applicable)
( 4) Project site plans with floor plans and dimensioned elevations
The San Diego County Regional Airport Authority, acting in its capacity as the local Airport Land Use
Commission (ALUC), reserves its right to request additional information and documents regarding any
proposed project submitted for a consistency determination. The submittal shall not be deemed complete by
the Authority until such time as all required documents and information, as determined by Authority staff,
have been submitted and reviewed for completeness.
Any determination rendered by the Authority is limited to the project plans and description
submitted with this application and is not transferable to any revision ofthis or any similar, future
project involving any change in the use, area, or height of structures as depicted and described
therein. Any changes in these project characteristics subsequent to Authority review but before
decision-making consideration by the local jurisdiction must be resubmitted via new application to
the Authority for a new determination of consistency.
As representative of the local jurisdiction named above, I hereby certify that I understand the foregoing
statements and further that this application and attached documents constitute a true and correct statement of
facts to the best of my knowledge.
Project Manager Signature: ___________________ Date: _________ _
BELOW FORST AFF USE ONLY
AlA---------------AAOZ limit __ _ RPZ FAZ APZ zone __ _
CNEL (dB): outside 60 60-65 65-70 70-75 75-80 80+ Max Elev AMSL ____ _
Latitude 0 __ _ ___ " North Longitude o __ _ __ __ .. West
FAA Notification Required? Y I N USMC Review Letter? Y I N
PrintForm ]
' ' ~
. ~CARLSBAD 0 0 FILE COPY
3·0>&J•Io
Planning Department www.carlsbadca.gov
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN to you that the Planning Commission of the City of Carlsbad will hold a
public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00
p.m. on Wednesday, April7, 2010, to consider a request for the following:
CASE NAME: GPA 06-09/ZC 06-08/SP 203(D)/LCPA 06-09/CT 06-27/CP 06-19/CDP 06-
32/HDP 06-10/HMP 07-02-Muroya Subdivision
PUBLISH DATE: March 26, 2010
DESCRIPTION: 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, Zone Change, Local Coastal Program Amendment, and a Specific Plan Amendment;
and a request for approval of a Tentative Tract Map, Condominium Permit, Coastal Development
Permit, Hillside Development Permit, and Habitat Management Plan Permit for the subdivision of a
20.27-acre site into five (5) lots (two residential, two open space lots, and one private street lot) and
the grading and development of 37 detached air-space condominium one-family dwelling units on
property located north of Aviara Parkway, south of Corte Orchidia, east of Towhee Lane, and west of
Black Rail Road, and within the Mello II Segment of the Local Coastal Program and Local Facilities
Management Zone 20.
Those persons wishing to speak on this proposal are cordially invited to attend the public hearing and
provide the decision makers with any oral or written comments they may have regarding the project.
Copies of the staff report will be available online at http://www.carlsbadca.gov/planning/pcvideo.html
on or after the Friday prior to the hearing date.
If you have any questions, or would like to be notified of the decision, please contact Dan Halverson in
the Planning Department at (760) 602-4631, Monday through Thursday 7:30a.m. to 5:30p.m., Friday
8:00a.m. to 5:00p.m. at 1635 Faraday Avenue, Carlsbad, California 92008.
APPEALS
The time within which you may judicially challenge these projects, if approved, is established by State
law and/or city ordinance, and is very short. If you challenge this project in court, you may be limited
to raising only those issues you or someone else raised at the public hearing described in this notice
or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing.
o Appeals to the Citv Council: Where the decision is appealable to the City Council, appeals must be
filed in writing within ten (10) calendar days after a decision by the Planning Commission.
o Coastal Commission Appealable Project
[8J
[8J
This site is not located within the Coastal Zone Appealable Area.
Application deemed complete: 02/02/2010
Where the decision is appealable to the Coastal Commission, appeals must be filed with the Coastal
Commission within ten (10) working days after the Coastal Commission has received a Notice of Final
Action from the City of Carlsbad. Applicants will be notified by the Coastal Commission of the date that
their appeal period will conclude. The San Diego office of the Coastal Commission is located at 7575
Metropolitan Drive, Suite 103, San Diego, California 92108-4402.
CITY OF CARLSBAD
PLANNING DEPARTMENT
T (760) 602-4600 F (760) 602-8559
• N
NOT TO SCALE
Muroya Subdivision
GPA 06-09 I ZC 06-08 I SP 2030 I
LCPA 06-09 I CT 06-27 I CP 06-19 I
COP 06-32 I HOP 06-10 I HMPP 07-02
_4f~.A._ C I T Y 0 F
VcARLSBAD
Planning Department
AprilS, 2010
Jack Henthorn
Jack Henthorn & Associates
5365 Avenida Encinas, Suite A
Carlsbad, CA 92008
PLANNING COMMISSION
NOTICE OF DECISION
AdOO 311~
www.carlsbadca.gov
SUBJECT: GPA 06-09/ZC 06-08/SP 203(D)/LCPA 06-09/CT 06-27/CP 06-19/CDP 06-
32/HDP 06-10/HMP 07-02-MUROYA SUBDIVISION
At the April 7, 2010 Planning Commission meeting, your application was considered. The
Commission voted 5-0 to Recommend Adoption/Recommend Approval/Approve of your
request. The decision of the Planning Commission is advisory and will be forwarded to the City
Council.
If you have any questions regarding the final dispositions of your application, please contact
your project planner Dan Halverson at (760) 602-4631 or daniel.halverson@carlsbadca.gov.
DON NEU
Planning Director
DN:DH:bd
cc: Data Entry
File
Enclosed: Planning Commission Resolutions No. 6681, 6682, 6683, 6684, 6685, 6686,
6687, 6688, 6689, and 6690
1635 Faraday Avenue, Carlsbad, CA 92008-7314 T (760) 602-4600 F (760) 602-8559
PROOF OF PUBLICATION
(2010 & 2011 C.C.P.)
STATE OF CALIFORNIA
County of San Diego
I am a citizen of the United States and a resident of
the County aforesaid: I am over the age of eighteen
years and not a party to or interested in the above-
entitled matter. I am the principal clerk of the printer
of
North County Times
Formerly known as the Blade-Citizen and The Times-
Advocate and which newspapers have been
adjudicated newspapers of general circulation by the
Superior Court of the County of San Diego, State of
California, for the City of Oceanside and the City of
Escondido, Court Decree number 171349, for the
County of San Diego, that the notice of which the
annexed is a printed copy (set in type not smaller than
nonpariel), has been published in each regular and
entire issue of said newspaper and not in any
supplement thereof on the following dates, to-wit:
February 17th, 2010
I certify (or declare) under penalty of perjury that the
foregoing is true and correct.
Dated at Escondido, California
Jane AI s ouse
NORTH COUNTY TIMES
Legal Advertising
This space is for the County Clerk's Filing Stamp
CITY OF CARLSBAD
FEB 2 2 2010
PLANNING Dt:t'ARTMENT
Proof of Publication of
CASE NAIIIIE: Mllli!Yl!
CASE NO: G,fA -PA ~ ~ 06-27/CP06-
~06-32/HDP -1
PROJECT LOCATION: l:!!Q!!!J Qj Aviara Parkway, south 2! ~ Orchidia, east
Qj ~ ~ ruJ2 ~ Qj ~ .B.ai! .BQM (APN 215-040-031.
PROJECT DESCRIPTION: The proposed project involves a General Plan
Amendment (GPA), Zone Change (ZC), Local Coastal Program Amendment
(LCPA), SpecHic Plan Amendment (SPA), Tentative Tract Map (CT), Condo-
minium Permit (CP), Coastal Development Permit (CDP), Hillside Develop-
ment Permit (HDP), Habitat Management Plan Permit (HMPP) to allow for the
subdivision and development of a 20.27 acre parcel (APN 215-040-03) located
north of Aviara Parkway, south of Corte Orchidia, east of Towee Lane, and
west of Black Rail Road. The Parcel will be subdivided into five (5) separate
lots. Lot 1 is approximately 6.3 acres in size and will contain 37 detached con-
dominium units clustered in the northern and eastern portions of the lot. Lot 2
is 0.9 acres in size and is the site of the owners existing residence which will
remain on this parcel. Lot 3 and 4 are 1.6 acres and 9.8 acres in size and will
be open space lots (lot 3 as a buffer zone and lot 4 as open space habitat). Lot
5 is a 0. 7 acre size lot which will be developed as private road for common
access to the 37 detached condominium units.
The current General Plan and Local Coastal Program Land Use designation for
the entire site is RLM (Residential Low-Medium Density, 0-4 dwelling units per
acre) with the Local Coastal Program and Zoning classification as L-C (Limited
Control). The General Plan Amendment and LCPA will change the two (2)
proposed open space lots 3 and 4 from RLM to OS (Open Space), the pro-
posed residential lot 1 and the proposed private street lot 5 from RLM to AM
(Residential Medium Density, 4-8 dwelling units per acre), with lot 2 remaining
RLM . Zoning will also be amended to correspond with the associated General
Plan Land Use Amendments. The zoning for the open space lots (3&4) will
change from L-C to OS (Open Space), the zoning for the residential lots (1 &5)
will change from L-C to RP-M (Residential Density -Medium), and lot 2 will
change from L·C to Single Family Residential (R-1).
PROPOSED DETERMINATION: The City of Carlsbad has conducted an en-
vironmental review of the above described project pursuant to the Guidelines
for Implementation of the California Environmental Quality Act (CEQA) and the
Environmental Protection Ordinance of the City of Carlsbad. As a result of said
review, the initial study (EIA Part 2) identified potentially significant effects on
the environment, but (1) revisions in the project plans or proposals made by, or
agreed to by, the applicant before the proposed negative declaration and initial
study are released for public review would avoid the effects, or mitigate the
effects to a point where clearly no significant effect on the environment would
occur, and (2) there is no substantial evidence in light of the whole record be-
fore the City that the project "as revised" may have a significant effect on the
environment. Therefore, a Mitigated Negative Declaration will be recom-
mended for adoption by the City of Carlsbad City Council.
A copy of the initial study (EIA Part 2) documenting reasons to support the
proposed Mitigated Negative Declaration is on file in the Planning Department,
1635 Faraday Avenue, Carlsbad, California 92008. Comments from the public
are invited. Pursuant to Section 15204 of the CEQA Guidelines, in reviewing
Mitigated Negative Declarations, persons and public agencies should focus on
the proposed finding that the project will not have a significant effect on the
environment. If persons and public agencies believe that the project may have
a significant effect, they should: (1) identify the specific effect; (2) explain why
they believe the effect would occur; and (3) explain why they believe the effect
would be significant. Please submit comments in writing to the Planning De-
partment within 30 days of the date of this notice.
The proposed project and Mitigated Negative Declar~tion are subject to review
and approvaVadoption by the City of Carlsbad Planmng Comm1ss1on and City Council. Additional public notices will be issued when those pubhc heanngs
are scheduled. If you have any questions, please call Dan Halverson 1n the
Planning Department at (760) 602-4631.
PUBLIC REVIEW PERIOD: ~ lL ZlUQ: .Ml!rd:Jla. ZlUQ PUBLISH DATE: Eill!YA..ry lL gQ1Q NCT 2249033
PROOF OF PUBLICATION
(2010 & 2011 C.C.P.)
STATE OF CALIFORNIA
County of San Diego
I am a citizen of the United States and a resident of
the County aforesaid: I am over the age of eighteen
years and not a party to or interested in the above-
entitled matter. I am the principal clerk of the printer
of
North County Times
Formerly known as the Blade-Citizen and The Times-
Advocate and which newspapers have been
adjudicated newspapers of general circulation by the
Superior Court of the County of San Diego, State of
California, for the City of Oceanside and the City of
Escondido, Court Decree number 171349, for the
County of San Diego, that the notice of which the
annexed is a printed copy (set in type not smaller than
nonpariel), has been published in each regular and
entire issue of said newspaper and not in any
supplement thereof on the following dates, to-wit:
December 25th, 2009
I certify (or declare) under penalty of perjury that the
foregoing is true and correct.
Dated at ESCONDIDO, California
This ~day of Decembt:J-.J::'=A.I
I
Jane Allshouse
NORTH COUNTY TIMES
Legal Advertising
This space is for the County Clerk's Filing Stamp
Proof of Publication of
Please be advised that t!'le City of Carlsbad is consideriqg text amendments to 1ts LQ:Cal Coastal Prc;>-gram {LCI-') as summarized below. :Th1s amendment IS oeing proposed by the Muroya Fam1ly Trust an<~ 1s cur-rently under review. T~is notice herE!bY o_pens ~ S!X week review period after wh1ch the Planning CommiSSIOn and City Council will consider all comments ancj a9t on the proposed amendment. The Pl~nmng_ CommiSSIOn hear-Ing is expected to take glace 1.n Apnl. 2010. and Will be duly noticed. The City Counc.1l heanng 1s .expected to take place in May 2010, and w1ll be duly not1ced.
Copies of the LCP amendment are available f9r review at
the following locations: {1) Carlsbad.Pianmnj\1 Dep!lrt-ment, 1635 Faraday Avenue· {2\ C1ty Cler~ s Qfhce, 1200 Carlsbad Village Drive; {:~1) Carlstiad Main L1brary, 1775 Dove Lane; { 4) Georgina ColE! Libral\', 1250 Carls-bad Village Drive· and .(5) thE! Cahfqrma Coastal <;:om-mission 7575 Melropohtan Dnve, SUite 103, San D1ego, CA 921 bB-4402
PROPOSED LCP AMENDMENT SUMMARY LCPA 06-09 -MUROYA SUBDIVISION
This specific Local Coastal Program Map Amendment is
proposed as follows:
The project site is af:jproximately 20.27 acres in size and is located north of Aviara Parl<way south of Corte Or-chidia and west of Black Rail Road (APN 215-040-03). The 8roject site is located within the Mello II Seg_ment of the ity of Carlsbad Local Coastal Program. The pro-P.Osed project includes a Local Coastar Program MaP. Amendment {LCPA 06-09) to. change the Locai .Coastal Prog_ram Land Use designation from Res!dent!al Low-Medium Density (fiLM (J-4 dulac) to f'lesld!Jntlal L!)w-Medium Density (RLM 0-4 dulac), Res1dent1al Med1um
Density (RM 4-ll dulac) and Open Spa9e (OS) and to change the Local Coaslal Program zom~g des1gnat1c;>n from 'Limited Control {L-C) to Qne-FamiiY Residential (R-1), Residential Density-Multiple {RD-M), and Open
Space {OS).
The proposed project also includes a Tentative Subdivi-sion MaR (CT 06-27) Condominium Permit IGP .06-19), Coastal Developmenl Permit ~COP 06-321 .. H1lls1de De-velopment Permit IHDP 06-1 0 and a Hab1tat Manage-ment Plan Permit {HMPP 07-0 )\to allow fqr the. subdivi-sion of the 20.27-acre site into Slots (1 resldenlll!l lot for future development of 37 detached. cc;>ndormmums,, 1 residential lot to retain the owners ex1stmg single-family residence 1 lot for a road el!sement, and~ open space lots for buller zones and hab1tat preservation).
If you have any questions, please call Dan Halversqn in the Planning Department at {760) 602-4631. Wntten comments sflould be sent to the Plan~ing ,Del)artm_ent at 1635 Faraday Avenue, Carlsbad, Cal1fom1a 92008
PUBLISH DATE: December 25, 2009 NCT 2242010
CITY OF CARLSBAD
DEC 3 0 2009
P' •
-~ J The Coast vews
Decreed A Legal Newspaper by the Superior Court
of San Diego County.
Mail all correspondence regarding public
notice advertising to
The Coast News, P.O. Box 232-550,
Encinitas, CA 92023 (760) 436-9737
Proof of Publication
STATE OF CALIFORNIA, ss.
COUNTY OF SAN DIEGO,
I am a citizen of the United States and a resident of the
county aforesaid;
I am over the age of eighteen years, and not a party to or
interested in the above entitled matter.
I am principal clerk of the printer of The Coast News, a
newspaper printed and published weekly and which news-
paper has been adjudged a newspaper of general circulation
for the cities of Del Mar, Solana Beach, Encinitas/Cardiff,
Carlsbad, Oceanside, San MarcosNista and the County
Judicial District by the Superior Court of the State of
California, County of San Diego (8/4/94, #677114, B2393,
P396); and that the notice , of which the annexed is a print-
ed copy, has been published in, each regular and entire issue
of said newspaper and not in any supplement thereof on the
following dates, to-wit:
December 25. 2009
I certify under penalty of perjury that the
foregoing is true and correct. Executed at
Encinitas, County of San Diego, State of
California on the 28th day of December, 2009
U~D.~
Clerk of the Printer
I
Space above for County Clerk's Filing Stamp
(j CITY OF CARLSBAD
PUBLIC NOTICE
TO INTERESTED PARTIES:
Please be advised that the City of Carlsbad is con-
sidering text amendments to its Local Coastal Program (LCP) as
summarized below. This amendment is being proposed by the
Muroya Family Trust and is currently under review. This notice
hereby opens a six week review period after which the Planning
Commission and City Council will consider all comments and act on
the proposed amendment. The Planning Commission hearing is
expected to take place in April 2010, and will be duly noticed. The
City Council hearing is expected to take place in May 2010, and will
be duly noticed.
Copies of the LCP amendment are available for review at the fol-
lowing locations: (1) Carlsbad Planning Department, 1635 Faraday
Avenue; (2) City Clerk's Office, 1200 Carlsbad Village Drive; (3)
Carlsbad Main Library, 1775 Dove Lane; (4) Georgina Cole Library,
1250 Carlsbad Village Drive; and (5) the California Coastal
Commission, 7575 Metropolitan Drive, Suite 103, San Diego, CA
92108-4402
PROPOSED LCP AMENDMENT SUMMARY
LCPA 06-09 -MUROYA SUBDIVISION
This spec~ic Local Coastal Program Map Amendment is proposed
as follows:
The project site is approximately 20.27 acres in size and is located
north of Aviara Parkway, south of Corte Orchidia, and west of Black
Rail Road (APN 215-040-03). The project site is located within the
Mello II Segment of the City of Carlsbad Local Coastal Program.
The proposed project includes a Local Coastal Program Map
Amendment (LCPA 06-Q9) to change the Local Coastal Program
Land Use designation from Residential Low-Medium Density (RLM
Q-4 dulac) to Residential Low-Medium Density (RLM 0-4 dulac),
Residential Medium Density (AM 4-8 dulac), and Open Space (OS)
and to change the Local Coastal Program zoning designation from
Limited Control (L-C) to One-Family Residential (A-1), Residential
Density-Multiple (AD-M), and Open Space (OS).
The proposed project also includes a Tentative Subdivision Map
(CT 06-27), Condominium Permit (CP 06-19), Coastal
Development Penni! (COP 06-32), Hillside Development Permit
(HOP 06-10), and a Habitat Management Plan Pennit (HMPP 07-
02) to allow for the subdivision of the 20.27-acre site into 5 lots (1
residential lot for future development of 37 detached condomini-
ums, 1 residential lot to retain the owners existing single-family res-
idence, 1 lot for a road easement, and 2 open space lots for buffer
zones and habitat preservation).
If you have any questions, please call Dan Halverson in the
Planning Department at (760) 602-4631. Written comments should
be sent to the Planning Department at 1635 Faraday Avenue,
Carlsbad, California 92008.
CN 9211 , Dec. 25,2009
-
CITY OF CARLSBAD
DEC 2 9 2009
PLANNING DEPArt I v NT
ru
0
0
0
I
U.S. Postal Servicer.,
CE.@TIFIED MAIL., RECEIPT -
(Domestic Mail Only; No Insurance Coverage Pro~.-.:ld) . .. . ' . . -· .
OFFICIAL USE
Postage $
Certified Fee
Retum Receipt Fee Postmark
Here (Endorsement Required)
J.;J • .;J I • oct Restricted Delivery Fee
(Endorsement Required)
_!-.<PI pto-oc;. fbbr.t. N-oti((.../l>l-+
Total Postr • • C l C · · Cahforma oasta ommtsswn
Attn: Toni Ross
Suite 103
7575 Metropolitan Drive
San Diego, CA 921 08-4402
I
c o FILE COPY
lt:iJ· 0> I· 09
City of Carlsbad
IQfbhiJib.lai§•Jhlllei§.JI
PUBLIC NOTICE
TO INTERESTED PARTIES:
Please be advised that the City of Carlsbad is considering text amendments to its Local Coastal Program
(LCP) as summarized below. This amendment is being proposed by the Muroya Family Trust and is
currently under review. This notice hereby opens a six week review period after which the Planning
Commission and City Council will consider all comments and act on the proposed amendment. The
Planning Commission hearing is expected to take place in April 2010, and will be duly noticed. The City
Council hearing is expected to take place in May 2010, and will be duly noticed.
Copies of the LCP amendment are available for review at the following locations: (1) Carlsbad Planning
Department, 1635 Faraday Avenue; (2) City Clerk's Office, 1200 Carlsbad Village Drive; (3) Carlsbad
Main Library, 1775 Dove Lane; (4) Georgina Cole Library, 1250 Carlsbad Village Drive; and (5) the
California Coastal Commission, 7575 Metropolitan Drive, Suite 103, San Diego, CA 92108-4402
PROPOSED LCP AMENDMENT SUMMARY
LCP A 06-09-MUROY A SUBDIVISION
This specific Local Coastal Program Map Amendment is proposed as follows:
The project site is approximately 20.27 acres in size and is located north of Aviara Parkway, south of
Corte Orchidia, and west of Black Rail Road (APN 215-040-03). The project site is located within the
Mello II Segment of the City of Carlsbad Local Coastal Program. The proposed project includes a Local
Coastal Program Map Amendment (LCPA 06-09) to change the Local Coastal Program Land Use
designation from Residential Low-Medium Density (RLM 0-4 dulac) to Residential Low-Medium
Density (RLM 0-4 dulac), Residential Medium Density (RM 4-8 dulac), and Open Space (OS) and to
change the Local Coastal Program zoning designation from Limited Control (L-C) to One-Family
Residential (R-1 ), Residential Density-Multiple (RD-M), and Open Space (OS).
The proposed project also includes a Tentative Subdivision Map (CT 06-27), Condominium Permit (CP
06-19), Coastal Development Permit (CDP 06-32), Hillside Development Permit (HDP 06-10), and a
Habitat Management Plan Permit (HMPP 07-02) to allow for the subdivision of the 20.27-acre site into 5
lots (1 residential lot for future development of 37 detached condominiums, 1 residential lot to retain the
owners existing single-family residence, 1 lot for a road easement, and 2 open space lots for buffer zones
and habitat preservation).
If you have any questions, please call Dan Halverson in the Planning Department at (760) 602-4631.
Written comments should be sent to the Planning Department at 1635 Faraday Avenue, Carlsbad,
California 92008.
PUBLISH DATE: December 25,2009
PUBLISH DATE FOR NORTH COUNTY TIMES: December 25, 2009
PUBLISH DATE FOR COAST NEWS: December 25,2009
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us (!)
LCPA 06-09 LOCAL COASTAL PROGRAM AMENDMENT-LAND USE
MUROYA SUBDIVISION
'"'-
RL~
OS
EXISTING PROPOSED
Related Cases File No(s): GPA 06-09/ZC 06-08/LCPA 06-09/CT 06-
27/CP 06-19/CDP 06-32/HDP 06-10/HMPP 07-02
G. P. Map Designation Change
Property From: To:
A. 215-040-03 RLM RLM/RM/OS
B. 0 c.
D.
LCPA 06-09 LOCAL COASTAL PROGRAM AMENDMENT-ZONING
MUROYA SUBDIVISION
P-C
'""' L-C""
Related Cases File No(s): GPA 06-09/ZC 06-08/LCPA 06-09/CT 06-
27/CP 06-19/CDP 06-32/HDP 06-10/HMPP 07-02
Zone Change
Property From: To:
A. 215-040-03 L-C R-1 /RD-M/0-S
B.
~
C.
D.
c
ATTACHMENT "2"
CERTIFICATION OF POSTING
I certify that the "Notice of Project Application" has been posted at a
conspicuous location on the site on ____ _
PROJECT NAME: MUF.o-fA. ~\l<t1cN
PROJEcT NUMBER: cr O<a--z-7/aah-lc., ...
RETURNTO: --~~~~~Go~~~------
(Pianner)
CITY OF CARLSBAD
PLANNING DEPARTMENT
1635 Faraday Avenue
Carlsbad, CA 92008-7314
4
'
I
0 0
J{ll /6"1-
FIL[ CDPY
PROJECT NAME:
PROJECT NUMBER:
City of Carlsbad
l:lJfhhhlh.i•J§.Fiiii•i§hl
EARLY PUBLIC NOTICE
Muroya Subdivision
GPA 06-09/ZC 06-08/LCPA 06-09/CT 06-27/CP 06-19/
COP 06-32/HDP 06-10
This early public notice is to let you know that a development application for a 37 unit
detached condominium project within your neighborhood has been submitted to the City
of Carlsbad on December 13, 2006. The project application is undergoing its initial
review by the City.
LOCATION: The project site is generally located on the west side of Black Rail Road,
south of Corte Orchidia, north of Avena Court, and east of Towhee Lane. The 20-acre
project site is currently developed with a single-family home and a palm tree nursery.
PROJECT DESCRIPTION: The project proposes to develop 37 detached residential
condominium units clustered in the northeasterly portion of the site with two points of
access from Black Rail Road at Songbird Avenue and Ocean Crest Avenue. The
existing single-family home on the south easterly portion of the project site will remain.
The remaining portions of the site will be preserved in Open Space.
Please keep in mind that this is an early public notice and that the project design could
change as a result of further staff and public review. A future public hearing notice will
be mailed to you when this project is scheduled for public hearing before the Planning
Commission.
CONTACT INFORMATION: If you have questions or comments regarding this
proposed project please contact Jason Goff, Associate Planner at
jgoff@ci.carlsbad.ca.us, (760) 602-4643, City of Carlsbad Planning Department, 1635
Faraday Avenue, Carlsbad, CA 92008.
I
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us (!)
/
/
/ 1\I!!IUI..Ail5TI!I!!1.1"'1!t1CZ-6'MIN.~TO MAXIMIZ!: V11!!H ~LOT !PeGPI(;. / /
/ HO~~OH~~!IL.DI"'!. l1TILIZI!oti.YM.I>.T'I'It"e~AHD GOASTAL.~~~M.IC
VICINTTY MAP
"''""'
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w.soNit'f ~-..!.-SEE DETAIL "e' SteT 4
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"""""""""""' II!I!S«<!T21"011t~110N~ !n!Pm!I!L ..,..,..,..,., """""" ......... -.-ref"'Ol~T............,..LI!III!IC) /IIKI .... ~TJON ZQM!! ........,
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J.ANDSCN>EIFENC CONCEPT PIAN
MUROYA
City 01 Cal1abad, Califcmla
()
()
Plan4C Santa Barbara
Plan4B
Andalusiim
Plan 28 Andalusian
Pian 18 Andalusian
Conceptual Streetscene
Plan2A Adobe Ranch
Pian 3A
Adobe Ranch
Plan 3t
Santa BaTbara
r 11 r w 111 _..._,_, -...,~,..._) ~
.. J/1 ........ 4 ~ .... ~U.1·0NW8 nnnfl·
1 .......... ~~~~------------------------------------~~~ ·-· T~d~U~ •• WWN-UW& Muroya Property ---------------------------------------"'..:..'---.. _UUUI_..,_.;," .. =· no· w. .c...r ""-....,_. ...... C. •• .,..-,.,. , ... _,,. Carlsbad, California
o.-.-a~ ..... ~ .... ...-n..., Slteet01
City of Carlsbad
Muroya Subdivision
GPA 06-09/ZC 06-08/LCPA 06-09/
CT 06-27/CP 06-19/CDP 06-32/
HOP 06-10
N
A
0 600
--~=====:~Feet
300
Map created by the City of Carlsbad GIS. Portions of
the DERIVED PRODUCT contain geographic information
copyrighted by SanGIS. All Rights Reserved
ATTACHMENT "1"
I HEREBY CERTIFY THAT THE PROPERTY OWNERS LIST AND LABELS
SUBMITTED TO THE CITY OF CARLSBAD ON THIS DATE REPRESENT THE
LATEST AVAILABLE INFORMATION FROM THE EQUALIZED ASSESSOR'S
ROLES.
APPLICATION NAME AND NUMBER
TOR APPLICANT'S REPRESENTATIVE
BY:
RECEIVED BY
DATE: __________________ _
3
...
Notice of Determination
To: D Office of Planning and Research
P.O. Box 3044
Sacramento, CA 95812-3044
From: CITY OF CARLSBAD
Planning Department
1635 Faraday Avenu1 Carlsbad, CA 92008
100173
OF CARLS~
SD County Clerk
Attn: Linda Kesian
Mail Stop A-33
I?Ol1t:§C0
bav ti!Mler,Recorder/County Clerk (760) 602-4600
1600 Pacific Highway
San Diego, CA 921 0 1
JU L 0 8 2010 esian
I • 1 3 Z01
Community & Econo1 me
Development Department
Project No: GPA 06-09/ZC 06-08/LCPA 06-09/ SP 203(D)!CT 06-27/CP 06-19/CDP 06-32 /HDP 06-
1 0/HMP 07-02
Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public
Resources Code.
Muroya Subdivision
Project Title
2010021061 City of Carlsbad, Dan Halverson (760) 602-4631
State Clearinghouse No. Lead Agency, Contact Person Telephone Number
North of A viara Parkway, south of Corte Orchidia, east of Towhee Lane, and west of Black Rail Road,
Carlsbad, CA (San Diego County).
Project Locations (include County)
Name of Applicant: Taylor Morrison of CA, LLC
Applicant's Address: 15 Cushing Street, Irvine, CA 92618
Applicant's Telephone Number: 858-864-6206
Project Description: A proposal to subdivide a 20.27 acre site into 5 lots (2 residential, 2 open space,
and 1 private access lots) and develop 37 detached condominium single fami ly residences.
This is to advise that the City of Carlsbad has approved the above described project on June 22
2010, and has made the following determination regarding the above described project.
1. The project will not have a significant effect on the environment
2. A Mitigated Negative Declaration was prepared fo:::-this project pursuant to the provisions
ofCEQA.
3. Mitigation measures were made a condition of the approval of the project.
4. A mitigation reporting or monitoring plan was adopted for this project.
5. A statement of Overriding Considerations was not adopted for this project.
6. Findings were made pursuant to the provisions of CEQ A.
This is to certify that the final Mitigated Negative Declaration with comments and responses
ecord of project approval is available to the General Public at THE CITY OF CARLSBAD.
DON NEU, City Planner
Date received for filing at OPR:
OUNTYCLERK
~an Diego Counzy on JUl 0 8 1010
::>osted JUL 0 8 h Remo AUG 1 1 ?r1n
.;>eturned to agenr,y on . ~fJG 1 1 Z010
oeputy ~--L~ Keslan
Revised 0511 0
_I~A_ CITY OF
VcARLSBAD
Planning Department www.carlsbadca.gov
CASE NAME:
CASE NO:
PROJECT LOCATION:
MITIGATED NEGATIVE DECLARATION
Muroya Subdivision
GPA 06-09/ZC 06-08/SP 203(D)/LCPA 06-09/CT 06-27/CP 06-19/CDP 06-
32/HDP 06-10/HMPP 07-02
North of Aviara Parkway, south of Corte Orchidia. east of Towhee Lane,
and west of Black Rail Road.
PROJECT DESCRIPTION: The proposed project involves a General Plan Amendment (GPA), Zone
Change (ZC), Local Coastal Program Amendment (LCPA), Specific Plan Amendment (SPA), Tentative
Tract Map (CT), Condominium Permit (CP), Coastal Development Permit (CDP), Hillside Development
Permit (HDP), Habitat Management Plan Permit (HMPP) to allow for the subdivision and development of a
20.27 acre parcel (APN 215-040-03) located north of Aviara Parkway, south of Corte Orchidia, east of
Towhee Lane, and west of Black Rail Road. The Parcel will be subdivided into five (5) separate lots. Lot 1
is approximately 6.3 acres in size and will contain 37 detached condominium units clustered in the northern
and eastern portions of the lot. Lot 2 is 0.9 acres in size and is the site of the owners existing residence
which will remain on this parcel. Lot 3 and 4 are 1.6 acres and 9.8 acres in size and will be open space lots
(lot 3 as a buffer zone and lot 4 as open space habitat). Lot 5 is a 0.7 acre size lot which will be developed as
private road for common access to the 3 7 detached condominium units.
The current General Plan and Local Coastal Program Land Use designation for the entire site is RLM
(Residential Low-Medium Density, 0-4 dwelling units per acre) with the Local Coastal Program and Zoning
classification as L-C (Limited Control). The General Plan Amendment and LCPA will change the two (2)
proposed open space lots 3 and 4 from RLM to OS (Open Space), the proposed residential lot land the
proposed private street lot 5 from RLM to RM (Residential Medium Density, 4-8 dwelling units per acre),
with lot 2 remaining RLM . Zoning will also be amended to correspond with the associated General Plan
Land Use Amendments. The zoning for the open space lots (3&4) will change from L-C to OS (Open
Space), the zoning for the residential lots (1&5) will change from L-C to RD-M (Residential Density -
Medium), and lot 2 will change from L-C to Single Family Residential (R-1).
DETERMINATION: The City of Carlsbad has conducted an environmental review ofthe above described
project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the
Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study
(EIA Part 2) identified potentially significant effects on the environment, and the City of Carlsbad finds as
follows:
Although the proposed project could have a significant effect on the environment, there will not be a
significant effect in this case because the mitigation measures described on the attached sheet have been
added to the project.
A copy of the initial study (EIA Part 2) documenting reasons to support the Mitigated Negative Declaration
is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008.
ADOPTED:
DONNEU
City Planner
June 29, 2010. pursuant to City Council Resolution No. 2010-163
~~·~----------------------------------------------------------------·": · 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T (760) 602-4600 F (760) 602-8559 ®
r
State of California-The Resources ~cy
DEPARTMENT OF FISH AND GAME
2010 ENVIRONMENTAL FILING FEE CASH RECEIPT
SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEARLY
LEAD AGENCY
CITY OF CARLSBAD
COUNTY/STATEAGENCY OF FILING
SAN DIEGO
PROJECT TITLE
MUROYA SUBDIVISION
PROJECT APPLICANT NAME
TAYLOR MORRISON OF CA, LLC
PROJECT APPLICANT ADDRESS
15 CUSHING STREET
PROJECT APPLICANT (Check appropriate box):
0 Local Public Agency 0 School District
CHECK APPLICABLE FEES:
0 Environmental Impact Report
IZl Negative Declaration
CITY
IRVINE
0 Other Special District
0 Application Fee Water Diversion (State Water Resources Control Board Only)
0 Projects Subject to Certified Regulatory Programs
1Zl County Administrative Fee
0 Project that is exempt from fees
0 Notice of Exemption
0 DFG No Effect Determination (Form Attached)
[] Other __________________________________ ___
PAYMENT METHOD:
0 Cash 0 Credit 1ZJ Check 0 Other_1_3_9_75 ___ _
SIGNATURE
X
0
RECEIPT#
SD2010 0641
STATE CLEARING HOUSE# (ttappticabteJ
2010021061
STATE
CA
0 State Agency
$2,792.25
$2,010.25
$850.00
$949.50
$50.00
$
$
$
$
$
DATE
07-08-2010
DOCUMENT NUMBER
*20100173*
PHONE NUMBER
858-864-6206
ZIP CODE
92618
0 Private Entity
$2,010.25
$50.00
$ ______ _
TOTALRECEIVED $ ____ $2_:.,_06_0_.2_5_
I IIIII I IIIII IIIII IIIII 1111111111 IIIII IIIII 1111 1111
ORIGINAL-PROJECT APPLICANT COPY· DFG/ASB COPY-LEAD AGENCY COPY-COUNTY CLERK FG 753.5a (Rev. 7/08)
Notice of Completion & Environmental Document Transmittal
Mail to: State Clearinghouse, P. 0. Box 3044, Sacramento, CA 95812-(916) 445-0613 See NOTE Below:
Project Title: MUROY A SUBDIVISION -GPA 06-09/ ZC 06-08/LCP A 06-09/SP 203D/CT 06-27
CP 06-19/CDP 06-32/HDP 06-10/HMPP 07-02 SCH # ------Lead Agency: CITY OF CARLSBAD Contact Person: ~D""an!.!.;.H.,a""'lv'-"e:.!..!rs~o""'n _____ _
Street Address: 1635 FARADAY AVENUE
County: SAN DIEGO COUNTY
Phone:(760)602-4631 City: CARLSBAD Zip: 92008
PROJECT LOCATION~
County: San Diego City/Nearest Community: ___:C~ar'-!!ls~b~a~d ________________________ _
Cross Streets: West of Black Rail Road-North of Aviara Parkway Total Acres: 20.27 Zip Code: 92008
Assessor's Parcel No. 215-040-03
Within 2 Miles: State Hwy #: _5_ Waterways: ---'B~at~iq'i.!u~it~o~s2oL~a~g"""oo""n!"'--'P-"a"'c"'"'ifi"'Ic::...;O=ce,_,a'-!!n'------------------
Airports: McCLELLAN/PALOMAR Railways: NCTD Schools: Aviara Elementary and Middle School
DOCUMENT TYPE:
CEQA: 0 NOP
0 Early Cons
I:8'J Neg Dec
0 Draft EIR
LOCAL ACTION TYPE: 0 General Plan Update
I:8'J General Plan Amendment
0 General Plan Element 0 Community Plan
DEVELOPMENT TYPE:
I:8'J Residential: UnitsJ]_
0 Office: Sq. Ft.
0 Commercial: Sq. Ft.
0 Industrial: Sq. Ft.
0 Educational:
0 Recreational:
0
D D
Supplement/Subsequent
EIR (Prior SCH No.)
Other:
0 Specific Plan 0 Master Plan
I:8'J Planned Unit Development
[8J Site Plan
Acres 20.27
Acres Employees
Acres Employees
Acres Employees
PROJECT ISSUES DISCUSSED IN DOCUMENT:
0 AestheticNisual 0 Flood Plain/Flooding
0 Agricultural Land 0 Forest Land/Fire Hazard
D Air Quality 0 Geological/Seismic
I:8'J Archaeological/Historical 0 Minerals
D Coastal Zone I:8'J Noise
D Drainage/ Absorption 0 Population/Hsg. Balance
D Economic/Jobs 0 Public Services/Facilities
D Fiscal 0 Recreation/Parks
Present Land Use/Zoning/General Plan Use
NEPA: 0 NOI OTHER: 0 Joint Document
0 0
D 0
D D
I:8'J
I:8'J
D EA
D Draft EIS
D FONSI
I:8'J Rezone D Prezone
0 Use Permit
I:8'J Land Division (Subdivision,
Parcel Map, Tract Map, etc.)
0 Water Facilities:
0 Transportation:
0 Mining:
0 Power:
0 Waste Treatment:
0 Hazardous Water:
0 Other:
Schools/Universities
Septic Systems
Sewer Capacity
D Final Document
D Other:
D Annexation D Redevelopment
I:8'J Coastal Permit
I:8'J Other: LCP A Amendment/
Hillside Development Permit/
Habitat Management Plan
Permit
Type MGD
Type
Mineral
Type Watts
Type
Type
0 Water Quality
D H20 Supply/Ground H20
D Wetland/Riparian
Soil Erosion/Compaction/Grading I:8'J Wildlife
Solid Waste 0 Growth Inducing
Toxic/Hazardous D Land Use
Traffic/Circulation I:8'J Cumulative Effect
Vegetation D Other:
Single Family House and Agricultural Use/ Limited Control (L-C)/ Residential Low-Medium Density (0-4 DUlAC)
Project Description:
The proposed project involves a General Plan Amendment (GPA), Zone Change (ZC), Local Coastal Program Amendment (LCPA),
Specific Plan Amendment (SPA), Tentative Tract Map (CT), Condominium Permit (CP), Coastal Development Permit (CDP),
Hillside Development Permit (HDP), Habitat Management Plan Permit (HMPP) to allow for the subdivision and development of a
20.27 acre parcel (APN 215-040-03) located north of Aviara Parkway, south of Corte Orchidia, east of Towee Lane, and west of
NOTE: Clearinghouse will assign identification numbers for all new projects. If a SCH number already exists for a project (e.g. from a Notice of
Preparation or previous draft document) please fill it in. January 2008
Black Rail Road. The Parcel will be subdivided into five (5) separate lots. Lot 1 is approximately 6.3 acres in size and will contain 37
detached condominium units clustered in the northern and eastern portions ofthe lot. Lot 2 is 0.9 acres in size and is the site of the
owners existing residence which will remain on this parcel. Lot 3 and 4 are 1.6 acres and 9.8 acres in size and will be open space Jots
(lot 3 as a buffer zone and Jot 4 as open space habitat). Lot 5 is a 0.7 acre size Jot which will be developed as private road for common
access to the 3 7 detached condominium units.
The current General Plan and Local Coastal Program Land Use designation for the entire site is RLM (Residential Low-Medium
Density, 0-4 dwelling units per acre) with the Local Coastal Program and Zoning classification as L-C (Limited Control). The
General Plan Amendment and LCPA will change the two (2) proposed open space lots 3 and 4 from RLM to OS (Open Space), the
proposed residential lot land the proposed private street lot 5 from RLM to RM (Residential Medium Density, 4-8 dwelling units per
acre), with lot 2 remaining RLM . Zoning will also be amended to correspond with the associated General Plan Land Use
Amendments. The zoning for the open space Jots (3&4) will change from L-C to OS (Open Space), the zoning for the residential lots
(1&5) will change from L-C to RD-M (Residential Density-Medium), and lot 2 will change from L-C to Single Family Residential
(R-1 ).
The site currently has a single-family structure in the southeast comer of the Jot, while the north and northeast section of the lot is
presently used for agricultural production. The southwest section of the lot is predominantly occupied by natural vegetated hillsides
and canyons. Topographically, the site slopes downhill from east to west. The northeast section, the agricultural section, is a flat pad
and then slopes steeply down to the south and west property lines. A 150-ft wide SDG&E easement bisects the site diagonally in a
northwest/southeast direction. Surrounding land uses include single-family residential to the north on Courte Orchidia, open space and
single-family residential to the south, single-family and vacant Jots to the east across Black Rail Road, and single-family homes to the
west off To wee Lane.
\
\ .
j
_)
Reviewing Agencies Checklist
Resources Agency
__ Boating & Waterways
_S_Coastal Commission
__ Coastal Conservancy
__ Colorado River Board
__ Conservation, Dept. of
_S_Fish & Game
__ Forestry & Fire Protection
__ Office of Historic Preservation
__ Parks & Recreation
__ Reclamation Board
__ S.F. Bay Conservation & Development Commission
__ Water Resources (DWR)
Business, Transportation & Housing
__ Aeronautics
__ California Highway Patrol
__ CAL TRANS District# ____ _
__ Department of Transportation Planning (headquarters)
__ Housing & Community Development
__ Food & Agriculture
Health & Welfare
__ Health Services __________ _
State & Consumer Services
__ General Services
__ OLA (Schools)
Public Review Period (to be filled in by lead agency)
Smrting ~February :r: S1gnatur~~ U
Lead Agency (Complete if applicable):
Consulting Firm: _______________ _
Address: __________________ _
City/State/Zip: -----------------
Contact: __________________ _
Phone:L__j ------------------------------
Applicant: __ ---'T~a:!,!y...!.Cio~r'-'M~oe!..!rre!.!is""'o""n'-'o""'f""'C""A~.,--"L~L,_,C~ ___ _
Address: 15 Cushing Street
City/State/Zip: Irvine CA 92618
Phone: (858) 864-6206
Form A, continued KEY
S = Document sent by lead agency
X = Document sent by SCH
~= Suggested distribution
Environmental Protection Agency
____ Air Resources Board
____ California Waste Management Board
____ SWRCB: Clean Water Grants
___ SWRCB: Delta Unit
___ ,SWRCB: Water Quality
___ SWRCB: Water Rights
___ Regional WQCB # __ _
Youth & Adult Corrections
___ Corrections
Independent Commissions & Offices
____ Energy Commission
__ __ Native American Heritage Commission
___ Public Utilities Commission
___ Santa Monica Mountains Conservancy
___ State Lands Commission
___ Tahoe Regional Planning Agency
___ S_Other US Fish & Wildlife Service
Ending Date _ ___,M~ar=ch~l9~2'-"0...!.l""-O------------
Date ____ d.=-+{_Lt~l~/~----'t_,t..:>=------------
For SCH Use Only:
Date Received at SCH
Date Review Starts:
Date to Agencies
Date to SCH
Clearance Date
Notes:
NOTE: Clearinghouse will assign identification numbers for all new projects. If a SCH number already exists for a project (e.g. from a Notice of
Preparation or previous draft document) please fill it in. January 2008
SITE MAP
• N
NOT TO SCALE
Muroya Subdivision
GPA 06-09 I ZC 06-08 I SP 2030 I
LCPA 06-09 I CT 06-27 I CP 06-19 I
COP 06-321 HOP 06-10 I HMPP 07-02
CASE NAME:
CASE NO:
PROJECT LOCATION:
City of Carlsbad
*i·i··'··"'·I'N•*M4t·i·i··'4·'' NOTICE OF INTENT TO ADOPT A
MITIGATED NEGATIVE DECLARATION
Muroya Subdivision
GPA 06-09/ZC 06-08/LCPA 06-09/SP 2030/CT 06-27/CP 06-19/CDP 06-32/HDP
06-1 0/HMPP 07-02
North of A viara Parkway, south of Corte Orchidia, east of To wee Lane, and west of
Black Rail Road CAPN 215-040-03).
PROJECT DESCRIPTION: The proposed project involves a General Plan Amendment (GPA), Zone Change
(ZC), Local Coastal Program Amendment (LCPA), Specific Plan Amendment (SPA), Tentative Tract Map (CT),
Condominium Permit (CP), Coastal Development Permit (COP), Hillside Development Permit (HOP), Habitat
Management Plan Permit (HMPP) to allow for the subdivision and development of a 20.27 acre parcel (APN 215-
040-03) located north of Aviara Parkway, south of Corte Orchidia, east ofTowee Lane, and west ofBlack Rail Road.
The Parcel will be subdivided into five (5) separate lots. Lot 1 is approximately 6.3 acres in size and will contain 37
detached condominium units clustered in the northern and eastern portions of the lot. Lot 2 is 0.9 acres in size and is
the site of the owners existing residence which will remain on this parcel. Lot 3 and 4 are 1.6 acres and 9.8 acres in
size and will be open space lots (lot 3 as a buffer zone and lot 4 as open space habitat). Lot 5 is a 0. 7 acre size lot
which will be developed as private road for common access to the 37 detached condominium units.
The current General Plan and Local Coastal Program Land Use designation for the entire site is RLM (Residential
Low-Medium Density, 0-4 dwelling units per acre) with the Local Coastal Program and Zoning classification as L-C
(Limited Control). The General Plan Amendment and LCPA will change the two (2) proposed open space lots 3 and
4 from RLM to OS (Open Space), the proposed residential lot land the proposed private street lot 5 from RLM to RM
(Residential Medium Density, 4-8 dwelling units per acre), with lot 2 remaining RLM. Zoning will also be amended
to correspond with the associated General Plan Land Use Amendments. The zoning for the open space lots (3&4)
will change from L-C to OS (Open Space), the zoning for the residential lots (1&5) will change from L-C to RO-M
(Residential Density-Medium), and lot 2 will change from L-C to Single Family Residential (R-1 ).
PROPOSED DETERMINATION: The City of Carlsbad has conducted an environmental review of the above
described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act (CEQA)
and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (EIA
Part 2) identified potentially significant effects on the environment, but (1) revisions in the project plans or proposals
made by, or agreed to by, the applicant before the proposed negative declaration and initial study are released for
public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the
environment would occur, and (2) there is no substantial evidence in light of the whole record before the City that the
project "as revised" may have a significant effect on the environment. Therefore, a Mitigated Negative Declaration
will be recommended for adoption by the City of Carlsbad City Council.
A copy of the initial study (EIA Part 2) documenting reasons to support the proposed Mitigated Negative Declaration
is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008. Comments from the public
are invited. Pursuant to Section 15204 of the CEQA Guidelines, in reviewing Mitigated Negative Declarations,
persons and public agencies should focus on the proposed finding that the project will not have a significant effect on
the environment. If persons and public agencies believe that the project may have a significant effect, they should:
(1) identify the specific effect; (2) explain why they believe the effect would occur; and (3) explain why they believe
the effect would be significant. Please submit comments in writing to the Planning Department within 30 days of the
date of this notice.
The proposed project and Mitigated Negative Declaration are subject to review and approval/adoption by the City of
Carlsbad Planning Commission and City Council. Additional public notices will be issued when those public
hearings are scheduled. If you have any questions, please call Dan Halverson in the Planning Department at (760)
602-4631.
PUBLIC REVIEW PERIOD:
PUBLISH DATE:
February 17, 20 I 0-March 19, 20 I 0
February 17, 2010
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-2710 • FAX (760) 602-8560 <!)
c
STATE OF CALIFORNIA
GOVERNOR'S OFFICE of PLANNING AND RESEARCH
STATE CLEARINGHOUSE AND PLANNING UNIT
ARNOLDSCHWARZENEGGER
GOVERNOR
March 24,2010
Dan Halverson
City of Carlsbad
Planning Department
1635 Faraday Avenue
Carlsbad, CA 92008
Subject: Muroya Subdivision -GPA 06-09 I ZC 06-08/LCPA 06-09/SP 203D/CT 06-27
SCH#: 2010021061
Dear Dan Halverson:
CYNTHIA. BRYANT
DIRECTOR
CITY OF CARLSBAD
MAR 2 9 1010
Community & Economic
Devek>pment Department
The State Clearinghouse submitted the above named Negative Declaration to selected state agencies for
review. On the enclosed Document Details Report please note that the Clearinghouse has listed the state
agencies that reviewed your document. The review period closed on March 23,2010, and the comments
from the responding agency (ies) is (are) enclosed. If this comment package is not in order, please notify
the State Clearinghouse immediately. Please refer to the project's ten-digit State Clearinghouse number in
future correspondence so that we may respond promptly.
Please note that Section 21104(c) of the California Public Resources Code states that:
"A responsible or other public agency shall only make substantive comments regarding those
activities involved in a project which are within an area of expertise of the agency or which are
required to be carried out or approved by the agency. Those comments shall be supported by
specific documentation."
These comments are forwarded for use in preparing your fmal environmental document. Should you need
more information or clarification of the enclosed comments, we recommend that you contact the
commenting agency directly.
This letter acknowledges that you have complied with the State Clearinghouse review requirements for
draft environmental documents, pursuant to the California Environmental Quality Act. Please contact the
State Clearinghouse at (916) 445-0613 ifyou have any questions regarding the environmental review
process.
~~
Acting Director, State Clearinghouse
Enclosures
cc: Resources Agency
1400 lOth Street P.O. Box 3044 Sacramento, California 95812-3044
(916) 445-0613 FAX (916) 323-3018 www.opr.ca.gov
c Document Details Report
State Clearinghouse Data BaseQ
SCH# 201 0021061
Project Title Muroya Subdivision -GPA 06-09 I ZC 06-08/LCPA 06-09/SP 2030/CT 06-27
Lead Agency Carlsbad, City of
Type Neg Negative Declaration
Description The proposed project involves a General Plan Amendment (GPA), Zone Change (ZC), Local Coastal
Program Amendment (LCPA), Specific Plan Amendment (SPA), Tentative Tract Map (CT),
Condominium Permit (CP), Coastal Development Permit (COP), Hillside Development Permit (HOP),
Habitat Management Plan Permit (HMPP) to allow for the subdivision and development of a 20.27 acre
parcel (APN 215-040-03) located north of Aviara Parkway, south of Corte Orchidia, east of Towee
Lane, and west of Black Rail Road. The Parcel will be subdivided into 5 separate lots. Lot 1 is -6.3
acres in size and will contain 37 detached condominium units clustered in the northern and eastern
portions of the lot. Lot 2 is 0.9 acres in size and is the site of the owners existing residence which will
remain on this parcel. Lot 3 and are 1.6 acres and 9.8 acres in size and will be open space lots (lot 3
as a buffer zone and lot 4 as open space habitat). Lot 5 is a 0.76 acre size lot which will be developed
as private road for common access to the 37 detached condominium units.
Lead Agency Contact
Name
Agency
Phone
email
Address
City
Dan Halverson
City of Carlsbad
760-602-4631
Planning Department
1635 Faraday Avenue
Carlsbad
Project Location
County San Diego
City Carlsbad
Region
Lat!Long
Cross Streets West of Black Rail Road-North of Aviara Parkway
215-040-03
Fax
State CA Zip 92008
Parcel No.
Township Range Section Base
Proximity to:
Highways 5
Airports McClellan Palomar
Railways NCTD
Waterways Batiquitos Lagoon/Pacific Ocean
Schools Aviar ES and MS
Land Use Single Family House and Agricultural Use/Limited Control (L-C)/Residential Low-Medium Density (0-4
DUlAC)
Project Issues Archaeologic-Historic; Cumulative Effects; Noise; Traffic/Circulation; Vegetation; Wildlife
Reviewing Resources Agency; Department of Fish and Game, Region 5; Office of Historic Preservation;
Agencies Department of Parks and Recreation; Department of Water Resources; Office of Emergency
Management Agency, California; Caltrans, Division of Aeronautics; California Highway Patrol; Caltrans,
District 11; Regional Water Quality Control Board, Region 9; Department of Toxic Substances Control;
Native American Heritage Commission
Date Received 02/22/2010 Start of Review 02/22/2010 End of Review 03/23/2010
Note: Blanks in data fields result from insufficient information provided by lead agency.
c
ENVIRONMENTAL IMPACT ASSESSMENT INFORMATION FORM
(To be Completed by Applicant)
Date Filed: ~C.. \;,1 ?..UOCo (To be completed by City)
Application Number(s): Girts rio-CS!btPP.. Qb·di' u.. Dlo~oBI C.T ob.-ZJ I C..? Cb~\9 {c.or Ci?-~ HPP Ol::.-ID
I I t I
General Information
I. Name of project: Muroya Property --~--~~-----------------------------------------------
2. Name of developer or project sponsor: Taylor Woodrow Homes, Inc. --------------------------------------------
Address: 167 45 W. Bernardo Drive, Ste 140
City, State, Zip Code: San Diego, CA 92127 ------------------------------------------------------
Phone Number: (858) 943-51 00 ----------------------------------------------------------
3. Name of person to be contacted concerning this project: April Tornillo ---------------------------------
Address: 167 45 W. Bernardo Drive, Ste 140
City, State, Zip Code: San Diego, CA 92127
----~------------------------------------------------
Phone Number: (858) 943-5100 ----------------------------------------------------------
4. Address of Project: None Assigned --------------------------------------------------------
Assessor's Parcel Number: 215-040-03
5. List and describe any other related permits and other public approvals required for this project, including
those required by city, regional, state and federal agencies:
Tentative Ma~ Condominium Permit, Coastal Develoament Permit, Hillside Development Permit, General Plan
Amendment, one Change, Local Coastal Plan Amen ment
6. Existing General Plan Land Use Designation: R....,.e""si ..... de ..... n .... tj...,ai_..L,.,ow~-..... Mu.e:.udi.ld.!um.l..!.-l.JIR..u.L.uM.J.J,..\ ____________________ _
7. Existing zoning district: ...l:L..,_,_im!.:.!.it~e~d-~C~on~tr~o.l..,;l (u.L...::-C~l ----------------------------------------
8. Existing land use(s): Single Family Residence and palm tree nursery
9. Proposed use of site (Project for which this form is filed): Residential subdivision for 37 detached condominium
units.
Project Description
10. Site size: 20.27 acres ~~~~-------------------------------------------------------
II. Proposed Building square footage: 102,677 sq. ft. total ----------------------------------------------
2
02/22/06
12: Number of floors of construction: Proposed structures are 1-story and 2-story buildings
13. Amount of off-street parking provided: 84 ---------------------------------------------
14. Associated projects: N/A ----------------------------------------------------
15. If residential, include the number of units and schedule of unit sizes: The proposal includes 4 plan types. Plan
1 is 2,228 sq.ft. and is plotted 6 times. Plan 2 is 2,068 sq. ft. and is plotted 15 times. Plan 3 is 2,495 sq. ft. and is
plotted 9 times. Plan 4 is 2,827 sq. ft. and is plotted 7 times within the project.
16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales
area, and loading facilities: · __ N/_A ____________________________________ _
17. If industrial, indicate type, estimated employment per shift, and loading facilities: _N_IA ______ _
18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading
facilities, and community benefits to be derived from the project: N/A ---------------------------
19. If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly
why the application is required: General Plan amendment is required per the City's HMP for the designation of the open
space as OS and the remainder of the property has RM for land use consistency. The current zoning is L -C which is only for
aaricultural uses. The Zone Chanae aoolication is to chanae the existina zonina to RO-M that implements the RM land use
Are the following items applicable to the project or its effects? Discuss all items checked yes (attach additional
sheets as necessary).
20. Change in existing features of any bays, tidelands, beaches, or hills, or
substantial alteration of ground contours.
21. Change in scenic views or vistas from existing residential areas or public
lands or roads.
22. Change in pattern, scale or character of general area of project.
23. Significant amounts of solid waste or litter.
24. Change in dust, ash, smoke, fumes or odors in vicinity.
3
Yes w
w
r
r
r
No
r
r
w
w
w
02/22/06
25.
26.
27.
28.
29.
30.
31.
0 0 Yes
Change in ocean, bay, lake, stream or ground water quality or quantity, or r
alteration of existing drainage patterns.
Substantial change in existing noise or vibration levels in the vicinity. r
Site on filled land or on slope of I 0 percent or more. p
Use of disposal of potentially hazardous materials, such as toxic I
substances, flammables or explosives.
Substantial change in demand for municipal services (police, fire, water, I
sewage, etc.).
Substantially increase fossil fuel consumption (electricity, oil, natural gas, I
etc.).
Relationship to a larger project or series of proJects. ~
Environmental Setting
Attach sheets that include a response to the following questions:
No
p
w
r
r
32. Describe the project site as it exists before the project, including information on topography, soil stability,
plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the
site, and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be
accepted.
33. Describe the surrounding properties, including information on plants and animals and any cultural,
historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land
use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height,
frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will
be accepted.
Certification
I hereby certify that the statements furnished above and in the attached exhibits present the data and information
required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented
are true and correct to the best of my knowledge and belief.
Date: /Z-t/-exo Signature:
For:
4
02/22/06
0
SUPPLEMENTAL TO THE
ENVIRONMENTAL IMPACT ASSESSMENT INFORMATION FORM
ENVIRONMENTAL SETTING
The subject property includes an active palm tree nursery and an existing single family residence ·
located in the southeastern portion of the property that is occupied by the Muroya family. The
nursery operation includes shade houses, equipment sheds and associated access roads. A 150,
foot wide easement for SDG&E transmission lines extends through the central portion of the
property. The remaining property is undeveloped and covered with native vegetation.
Topographically, the eastern and northern portions of the site, where the existing residence and
nursery are located, generally consist of a relatively level to gently sloping mesa. The property in
these areas has a total elevation drop of approximately twenty (20) feet from Black Rail Road to
the west. The western and southern portions of the property consists of moderately to steeply
inclined natural and fill slopes extending from the SDG&E easement south and west into a large
canyon. The elevation differential in these areas is approximately eighty (80) feet from east to
west.
Soil conditions on the site include surficial soil consisting of debris fill, undocumented fill, topsoil,
colluviums, alluvium and formation materials of the Lindavista and Santiago Formations.
Pursuant to the enclosed preliminary geotechnical investigation, the site contains no soil or
geologic condition that would adversely impact the proposed development as long as the
recommendations contained within the report are incorporated.
As mentioned above, the subject property includes a palm tree nursery, a single family residence
with the remainder of the property undeveloped and dominated by natural vegetation. Per the
enclosed biological report, there are nine plant communities that were identified on the subject
site. They include southern maritime chaparral, coastal sage scrub, southern mixed chaparral,
baccharis scrub, developed land, grassland, ornamental plantings, disturbed habitat and
agricultural lands. No plant species listed as rare, threatened or endangered by the state or
federal government agencies were detected on the property. Three special,status plant species
were observed on the site within the natural vegetated areas. These include the Nuttall's scrub
oak, wart stemmed ceanothus and the Engelmann oak. In addition, the California gnatcatcher
was documented to be on the property and is a federally,listed threatened species.
Cultural resources on the subject property include one documented site that was listed as
insignificant within the Zone 20 Final Program Environmental Impact Report and an additional
isolated cultural resource identified during a pedestrian survey by the applicant's archaeologist.
As a result a detailed Phase I Cultural Resources Assessment of the property is currently being
prepared and will be submitted to the City as soon as the report is completed.
A paleontological review of the subject property was conducted and found that the sedimentary
rocks mapped in the vicinity of the site have moderate to high Paleontological sensitivity. The
soil types within the property contain the same type of sedimentary rock and have the potential
to contain paleontological resources.
JACK HENTHORN & ASSOCIATES Muroya-Supplemental EIA
. ~ . . 0
SUPPLEMENTAL TO THE
0
ENVIRONMENTAL IMPACT ASSESSMENT INFORMATION FORM
The topography of the surrounding area is approximately 330 to 360 feet above mean sea level
(MSL). Given the location and elevation of the property, there are scenic views to the west from
internal viewpoints of the site as well as from the surrounding developed properties through and
over the property.
The subject site is surrounded by existing residential development on all four sides. The
developments to the west and south of the subject property are within the Aviara Master Plan.
The development to the west is a detached single~family neighborhood having lot sizes that range
in size from 7,500 to 10,000 square feet. The development to the south is a condominium
development located on both sides of Black Rail Road. The residential development to the north
contains thirty~two (32) existing detached single family homes on minimum 10,000 square foot
lots. The residential developments to the east across Black Rail Road are in different stages of
the development process. Some units are constructed and currently occupied, another property
is currently graded and the southern most property has an active application in the City for
residential development. All of the properties to the east are small~ lot developments with
minimum lot sizes of 5,000 square feet.
PROJECT DESCRIPTION
The applicant is proposing thirty~seven (37) detached condominium units on a five (5) lot
residential subdivision on the Muroya property located within the Zone 20 Specific Plan area.
The proposed project has been designed to cluster the development in the areas of the site that
have been previously disturbed by the palm tree nursery operation. This results in a significant
portion of the property covered by native vegetation being left undisturbed.
The subject project does propose grading that will alter the existing topography. However, the
proposed grading will maintain the overall contours of the existing property by stepping the
proposed pad grades progressively down to the west. The project does propose a balance between
cut and fill grading quantities once the spoils from utility and foundation trenching are calculated
into the cut and fill numbers.
With the proposed grading of the site and construction of the future residential units, there will
be a change in scenic views from the site as well as from the surrounding existing residential
developments. In the preparation of the enclosed plans, the applicant and their consultants
made the utmost effort to address the potential impacts to the scenic views to the west. The
proposed architecture for the project includes single~story elements that were situated along the
northern boundary to provide some view corridors. The site plan also lowers the proposed pad
heights as much as possible while maintaining a balanced grading operation as mentioned above.
As mentioned above, the subject property is located within the boundaries of the Zone 20
SpeCific Plan area that designated the site for residential development. The Zone 20 Specific
Plan provided the framework for the future development of the properties within Zone 20 that
ensured the most logical and efficient provision of public facilities and community amenities for
JACK HENTHORN & ASSOCIATES Muroya-Supplemental EIA
2
... ' " c
SUPPLEMENTAL TO THE
ENVIRONMENTAL IMPACT ASSESSMENT INFORMATION FORM
the future residents of the area. All of the surrounding properties have been previously
developed or are currently under review with the City per the provisions of the either the Zone
20 Specific Plan or the adjacent Aviara Master Plan. The subject property is one of the last
properties in the southern portion of the specific plan area to develop.
All impacts associated with the project can be mitigated to below a level of significance pursuant
to the recommendations found within the enclosed technical reports. In lieu of these findings
the applicant is requesting the processing of a mitigated negative declaration for the impacts
associated with the proposed project.
SOURCE DOCUMENTS
The following documents were used in the analysis of this project and are enclosed as a part of
the submittal for the Muroya property.
1. "Final Program Environmental Impact Report for Zone 20 Specific Plan" and Planning
Commission Resolution 3525 for EIR 203 dated June 16, 1993.
2. "Preliminary Geotechnical Investigation, Muroya Property, Carlsbad, California" dated
April, 2006, prepared by Geocon, Inc.
3. "Tentative Map Drainage for Muroya, City of Carlsbad, California" dated November 30,
2006 prepared by Hunsaker & Associates, San Diego, Inc.
4. "Biological Resources Technical Report and Impact Analysis for the Muroya Property,
City of Carlsbad, California" dated December 2006, prepared by Dudek, Anita M.
Hayworth, Ph.D., Senior Biologist.
5. "Summary of Cultural and Paleontological Resource Findings for Taylor Woodrow, Inc.,
Muroya Project in the City of Carlsbad, San Diego County, California" dated December
11, 2006, prepared by Michael Brandman Associates, Jennifer M. Sanka, M.A., Staff
Archaeologist.
JACK HENTHORN & ASSOCIATES Muroya-Supplemental EIA
3
(t't C I TY O F ~~~ CARLSBAD
Memorandum
July 26, 2011
To:
From:
Re:
John Kim, Traffic Engineering Division
Mike Peterson, Development Services Manager
Nick Roque, Transportation -Streets
Lori Allen, Police Department
GIS Department
Greg Ryan, Fire Department
Glen Van Peski, Land Use Engineering
Chris Sexton, Planning Technician
STREET NAMES FOR CT 06-27 -MUROYA SUBDIVISION
FiLE COF'l
The following street names have been approved as a part of the final map processing for CT 06-27 -
MUROYA SUBDIVISION. A map delineating street locations is attached.
Private Streets:
White Sage Way
Hollyleaf Court
Sweetclover Lane
As much as you are able, please make sure approved street names are shown and spelled correctly on
all final map and construction drawings.
Attachment
c: Dan Halverson, Project Planner
Clyde Wickham, Project Engineer
Mario Remillard, Maintenance & Operations
Community & Economic Development
1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2710 I 760-602-8560 fax
DATE:
TO:
FROM:
CITY OF CARLSBAD REQUEST FOR CONDITIONS
JANUARY 19. 2010 FINAL REVISED PLANS INCLUDED [SI
[g] ENGINEERING, DEVELOPMENT SERVICES -TERIE ROWLEY 0 POLICE DEPARTMENT-J. SASWAY
[g] FIRE DEPARTMENT-JIM WEIGAND
0 BUILDING DEPARTMENT-WILL FOSS
0 RECREATION -MARK STEYAERT
[g] LANDSCAPE PLANCHECK CONSULTANT-PELA
0 PARKS/TRAILS-LIZ KETABIAN
0 M & 0-CMWD -STEVE PLYLER
*ALWAYS SEND EXHIBITS
PLANNING DEPARTMENT
REQUEST FOR CONDITIONS ON PROJECT NO(S): GPA 06-09/ZC 06-08/SP 203D/
LCPA 06-09/CT 06-27/CP 06-19/CDP 06-32/HDP 06-10/HMP 07-02
PROJECTTITLE~:M==ur=o~va~----------------------------------------
APPLICANT: Jack Henthorn & Associates -------------------------------
PROPOSAL: 37 detached condo units.
Please review and submit written conditions to MICHELE MASTERSON in the Planning
Department at 1635 Faraday Avenue, by If you have "No Conditions", please so
state. If you have any questions, please contact Dan Halverson at ext. 4631 .
THANK YOU
COMMENTS: ________________________________________________ _
c: File
Request for Conditions 9/08
Memorandmn
TO: Jason Goff, Assistant Planner
FROM: Clyde Wickham, Associate Engineer
DATE: November 23, 2009
CT 06-27 I COP 06-321 CP 06-191 GPA 06-091 HOP 06-10 I HMP 07-021 LCPA
06-09 I ZC 06-08 I SP 203-D --MUROYA RESIDENTIAL SUBDIVISION
COMPLETENESS & ISSUES REVIEW
Engineering Department staff has completed another review of the above-referenced project for
application completeness. The application and plans submitted for this proposed project is
considered complete with issues to be resolved prior to support of the application(s).
The following issues need to be resolved prior to resubmittal:
1. The City has attached comments and corrections from Geotechnical third party review.
Please correct and resubmit the geotechnical report, or submit an addendum to address
these comments.
2. The design speed for Street "A" is 25 mph. Please correct the profile design on sheet 4.
Show compliance with design requirements identified in chapter 3 and 4 of the City's
Engineering Standards.
3. The proposed Stormfilter unit and filter inserts shown on sheet 3 and sheet 5 is
acceptable as a filtration unit for the anticipated development of the north half of this
project. The southern portion of the project has no structural filtration device as identified
on sheet 3, please revise.
4. The project is a Priority Project and must incorporate Low Impact Design (LID) features
per Engineering Standards Volume 4, Section 2.3.3.1 and Appendix B. This will be a
condition of approval that could require redesign or modification.
If you have any questions please contact let me at (760) 602-27 42 or email at
Clyde.Wickham@carlsbadca.gov
Mr. Clyde Wickham
City of Carlsbad
1635 Faraday Avenue
Carlsbad, California 92008
Subject: Geotechnical Peer Review
Proposed Muroya Residential Subdivision
Carlsbad Tract 06-27
Carlsbad, California
Dear Mr. Wickham:
November 11, 2009
Project No. 106560003
At your request and the authorization of the City of Carlsbad (the City), we have performed a third
party (or peer) review of project geotechnical docum~nts for the proposed Muroya Residenti~l Sub-. . .
division, Carlsbad Tract 06-27; The subject tract is located along the west side of Black Rail Road
across from Songbird and Ocean Crest Avenues in Carlsbad, California. Reviewed documents pro-
vided by the City included: the project geotechnical report (Geocon, 2009a); a response to review
comments letter (Geocon, 2009b ); and, a review memorandum prepared by the City. Our general
scope of services was to review the materials provided and check them for compliance with mini-
mum code standards, completeness, factual errors, consistency of data with the conclusions offered,
and conformance to the standards of geotechnical practice. A list of reviewed references is appended.
SCOPE OF SERVICES
Our specific scope of services included the following:
• Review of the referenced project geotechnical documents provided by the City of Carlsbad.
• Review of available published geologic and geotechnical maps and reports pertinent to the site arei
• Reconnaissance of the site by a Certified Engineering Geologist from our office.
• Preparation of this letter presenting the findings of our peer review.
REVIEW COMMENTS
From our review of the provided documents, we have developed the following review comments:
57 1 0 Ruffin Road • San Diego. California 92123 • Phone (858! 576-1000 • Fax {858) 576-9600
San D1ego • INine • Rancho Cucamonga • Los Angeles • Oakland • Las Vegas • Phoenix • Denver • B Paso
Proposed Muroya Residential Subdivision, Carlsbad Tract 06-27
Carlsbad, California
November 11, 2009
Project No. 106560003
• There are minor deficiencies on the cross sections. These include mislabeling T-10 as T-4 on Cross
Section A-A', not showing T-4 and T-5 on Cross Section B-B', and (also on B-B') not showing the
seepage.
• The logs for trenches T-3, T-4, and T-5 indicate that the debris fill is in an "overall poor, uncom-
pacted condition." However, Page 15 of the project geotechnical report recommends that
surficial soils be considered as a Type B soil classification for temporary excavations. Due to the
poor condition of the debris fill, consideration should be given to classifying the debris fill as a
Type C soil for temporary excavations.
• Page 2 of the project geotechnical report concludes that the debris fill is "unsuitable for support
of additional fill." However, Cross Section B-B' and Pages 7 and 12 ofthe report indicate that
due to grading restraints for sensitive habitats, portions of the fill slope at the southeast portion
ofthe site will be supported on debris fill. Due to the potential instability ofthe underlying de-
bris fill, consideration_ should be given to provide additional grad~ng recommendations in this
area of the project.
• The log for trench T-4 indicates that alluvial materials may exist to depths greater than 7'h. feet.
Based on the recommendations on Page 8 of the project geotechnical report, the existing allu-
vium should be removed and recompacted. Based on the anticipated depths ofthe recommended
removals at the location of trench T-8, the horizontal limits of temporary excavations rriay be
limited due to the adjacent Nightshade Road. Consideration should be given to provide tempo-
rary shoring recommendations for this area.
• The report does not provide a recommendation for the construction of a backdrain within the
keyway for the 1.5:1 slope at the western portion of the project. Consideration should be given
to provide such a recommendation.
• Seepage was encountered within trench T-4. This seepage was not depicted on Cross Section B-B'
or discussed as part of the slope stability analysis presented on Figure 5 of the report.
We appreciate the opportunity to be of service on this project.
Respectfully submitted,
NINYO & MOORE
~~:::GE.
Senior Project Engineer
JTKIRI/kh
Attachment: References
Distribution: ( 1) Addressee
I 06560003 L.doc 2
~r~
Chief Engineering Geologist
.. "
Proposed Muroya Residential Subdivision, Carlsbad Tract 06-27
Carlsbad, California
REFERENCES
November 11, 2009
Project No. 106560003
American Society of Civil Engineers, 2005, ASCE Standard 7, Minimum Design Loads for Buildings
and Other Structures.
California Building Standards Commission (CBSC), 2007, California Building Code (CBC), Title 24,
Part 2, Volumes 1 and 2.
City of Carlsbad Engineering Development Services, 2009, CT 06-27/CDP 06-32/CP 06-19/GPA
06-09/HDP 06-1 0/LCPA 06-09/ZC 06-08, Muroya Residential Subdivision Completeness &
Issues Review: dated September 8.
Geocon, 2009a, Muroya Property, Carlsbad, California, Response to Review Comments, Project No.
07671-52-01: dated July 10.
Geocon, 2009b, Geotechnical Investigation, Muroya Property, Carlsbad, California, Project No.
07671-52-01: dated-July 14. -
Kennedy, M.P., 1996, Geologic Maps of the Northwestern Part of San Diego County, California:
California Division of Mines and Geology, Open-File Report 96-02.
Kennedy, M.P. and Tan, S.S., 2008, Geologic Map of the Oceanside 30' x 6Q' Quadrangle, California:
California Geological Sur:vey, Regional Geologic.Map Series. ·
Tan, S.S. and Giffen, D.G, 1995, Landslide Hazards in the Northern Part of the San Diego Metro-
politan Area, San Diego County, California, California Division of Mines and Geology:
Landslide Hazards Identification Map No. 35, Open-File Report 95-04.
106560003 L.doc 1 of 1
CITY OF CARLSBAD
REVIEW AND COMMENT MEMO
NOVEMBER 12. 2009 Review #1 SP 203D
Review #4 GPA 06-09, etal
FROM:
[gl Engineering, Development Services-Terie Rowley
D Police Department-J. Sasway
[gl Fire Department -James Weigand
D Building Department-Will Foss
D Recreation -Mark Steyaert
D Public Works Department (streets)-Thomas Moore
D Water/Sewer District
[gl Landscape Plancheck Consultant -PELA
D School District
D North County Transit District -Planning Department
D Sempra Energy - Land Management
D Caltrans (Send anything adjacent to 1-5)
D Parks/Trails -Liz Ketabian
*ALWAYS SEND EXHIBITS
PLANNING DEPARTMENT
REQUEST FOR REVIEW AND COMMENT ON PROJECT NO(S): GPA 06-09/ZC 06-
08/LCPA 06-09/CT 06-27/CP 06-19/CDP 06-32/HDP 06-10/HMP 07-02 & SP 2030.
APPLICANT: Jack Henthorn & Associates
PROPOSAL: 37 detached condo units.
Please review and submit written comments and/or conditions to Michele Masterson in the
Planning Department at 1635 Faraday Avenue, by 12/01/09. If you have "No Comments,"
please so state.
Thank you
COMMENTS: __ ,Lh_-L...Jee~:::...-_./:~:.('-.::/9~7'~J::._-~/'J~o:::.__::C~~=-....:...·z...n--;,~-,=::;;;v;::_::....:..::..'KJ=------------
PLANS ATTACHED
Review & Comment 09/07
(
HMP/MHCP Compliance Review
Proposed Project: Muroya Property
Date Received:
Reviewed By:
9/09/09
Rosanne Humphrey
Preserve Stevvard
• For HMP compliance purposes, all vegetation categories should fit within the Holland
classification system, or at least be identified as Habitat Group A-F (HMP Table 11).
o "Baccharis scrub" should be identified as coastal sage scrub (Group D, if unoccupied
by coastal California gnatcatcher)
o "Leymus condensatus grassland" should be identified as "native grassland" (Group B).
o "Ornamental plantings" are naturalized non-native species. There is no ideal Holland
classification for this, but the closest would be "non-native grassland," (Group E)
which tends to be a catch-all for areas dominated by non-native grasses and broadleaf
plants.
• There should be an exhibit showing an overlay of the property with Linkage F and
surrounding Core Areas since this is specifically mentioned in the Standards for properties
within LFM Zone 20.
• Please change the date of gnatcatcher breeding season from March 1-August 15 to
February 15-August 30 to conform to the dates listed in the USFWS survey protocol.
• Section 6.0: Impacts to ornamental Plantings (changed to Non-native Grassland, as noted
above) should be mitigated with an in-lieu fee. Please add this to Section 6.
• ·Page 42, paragraph 3, add red text "A buffer zone of 500 feet will be established ... "
• Page 42 paragraph 5, add red text "The open space area will need to be protected by a
conservation easement, and a non-wasting endowment will need to be established for
permanent management of the area."
Landscape plans
• Unless you can show that it's not invasive, please remove Pennisetum alopecuroides
HMP/MHCP Compliance Review
1
HMP Compliance Review Routing Sheet
Project Name/Number:
Requested By (Planner):
Authorized By (Supervisor):
Type of Review*:
Date Received:
*Project review for HMP compliance, biological technical report assistance, response to public comments, other.
Description of attachments:
-~io hz.~n:c.c~ ~ : J::>v-~'<.... JcA \ '1 , ~C)
-5rk. PI~ Co.r ~4c. j..... ;-~' ...fko_ ~.., C-~ ~ ~(.;Je.. f'Ac..{J (c..r'r..~: I
? ,.,. "''<> ",) Le7....r-hc.~p e.... ( O,f\. c..C-f* (>1,..,. :> )
The above items are submitted: D For your approval/action D For your information/files
Instructions
• On the document, number the comments you want addressed. Highlight specific portions if
relevant.
• Include a list of questions below, and specify your needs. Examples: ( 1) general ["Please review
project per HMP and MHCP guidelines."], or (2) specific [For each numbered comment, provide
your specific question]
• Include all comment letters, biological tech reports, graphic showing project footprint overlaid
onto aerial photo, CEQA and NEPA documentation and any other reports, plans, or documents
that are pertinent to this review.
• Provide Michele Masterson with a copy of your signed routing sheet.
,....., """'·
'-' """"" CITY OF CARLSBAD
REVIEW AND COMMENT MEMO
DATE: AUGUST 10, 2009 REVIEW NO: 3
TO: ~ Engineering, Development Services-Terie Rowley
D Police Department -J. Sa sway
FROM:
i f8J. . Fe Department-James Weigand
D Building Department -Will Foss
D Recreation -Mark Steyaert
D Public Works Department (streets)-Thomas Moore
D Water/Sewer District
~ Landscape Plancheck Consultant -PELA
D School District
D North County Transit District -Planning Department
D Sempra Energy -Land Management
D Caltrans (Send anything adjacent to 1-5)
D Parks/Trails-Liz Ketabian
*ALWAYS SEND EXHIBITS
PLANNING DEPARTMENT
··--·------------------------------, ;,.~. ~(JUEST FOR REVIEW AND COMMENT ON PROJECT NO(S): CT 06-27/CP 06-19/
,., COP 06-32/HDP 06-10/HMP 07-02/GPA 06-09/ZC 06-08
PROJECT TITLE: Muroya Subdivision
APPLICANT: __ _:C::..:.it:!.J.y-=o::..:...f-=C=a.:..:;rls=b=a=d _________________ _
PROPOSAL: 37 detached condo units.
Please review and submit written comments and/or conditions to Michele Masterson in the
Planning Department at 1635 Faraday Avenue, by 08/28/09. If you have "No Comments,"
please so state.
Thank you COMMENTS: _____________________________________________ __
-PJOC.. /-1/fJ 111 o /{f/?I?.JJ1bJJttL GO}t')WleA~r...r
?-i-o9
PLANS ATTACHED
Review & Comment 09/07
c 0
Memorandum
TO: Jason Goff, Assistant Planner
FROM: Clyde Wickham, Associate Engineer
DATE: September 8, 2009
CT 06-27 I COP 06-32/ CP 06-19/GPA 06-09/HDP 06-10/LCPA 06-09/ZC 06-08
MUROYA RESIDENTIAL SUBDIVISION
COMPLETENESS & ISSUES REVIEW
Engineering Department staff has completed another review of the above-referenced project for
application completeness. The application and plans submitted for this proposed project are
from an Engineering perspective considered complete with issues to be resolved prior to
support of the application(s).
The following issues need to be resolved prior to resubmittal:
1. The remedial grading quantities shown on sheet 1 state 36,000 cy "remedial remove and
recompact" with 36,000 cy export. Will there be a total of 38,570 cy exported? Will there
be 36,00cy (structural/ clean fill) imported? Please review your estimated quantities and
correct as necessary. I believe the proposed remedial grading is to remove 36,000 cy
and export debris, and to import 36,000 cy of clean fill to recompact and stabilize. Adding
these numbers to the remaining project quantities will resolve the conflict.
2. Show the house on the uphill and downhill pad of the Plantable (sideyard) Detail on
sheet 2. Based upon the 5' sideyard setback shown on (2) details of the same sheet, the
proposed retaining wall would be located 2' from the dwelling unit. The sideyard detail
shows 3' positive drainage from buildings. The proposed retaining wall should also be
shown on (2) Typical Surface Drainage, Building Setback Details to the right and below
on the same sheet as well.
3. The request to reduce drainage distance between sideyards should be supported by
your Geotechnical Consultant. Typically this request is backed up with Deepened
footings, drainage system and possible curb to avoid saturation of building footings,
retaining walls and fences between properties. The Geotechnical Report should support
this request and should identify mitigation for the reduced positive drainage between
buildings. An addendum will suffice to address these concerns and supply
recommendations.
4. As we discussed, please submit 2 copies of the Geotechnical Investigation and Tentative
map for 3rd party review. I will send out request for proposal as soon as I receive these
copies.
5. The design speed for Street "A" is 25mph. Please correct the profile design on sheet 4.
6. Please submit support or easement information to allow the offsite connection to
c
Nightshade road. Also provide calculations to support the size and capacity of the facility
downstream to accommodate this project. The Aviara Subdivision CT 90-15 has
calculations and hydrology study that limits the capacity of downstream drainage
facilities. Please address the ultimate upstream drainage in this system.
7. The Tentative Map Drainage Study discusses the detention basin(s) and standpipe
overflow. Please clarify the capacity of the existing storm system you are using
downstream. Will the increase (or decrease) have an impact on either downstream
system? Please check more than just the immediate pipe. Follow the design a little
further to be assured that capacity or watertight joints are necessary. The overflow
design seems to flow to the headwall adjacent to Nightshade Drive, will there be
capacity for both drainage basins (Carnation Project and Muroya property) at this
location? How about downstream to Alga Road? Same question applies to the headwall
at Caspian Lane to Alga Road.
8. Please show street lights (if existing) at Blackrail Road and Avena Ct.
If you have any questions please contact let me at (760) 602-27 42 or email at
Clyde.Wickham@carlsbadca.gov
c
Memorandum
TO: Jason Goff, Assistant Planner
FROM: Clyde Wickham, Associate Engineer
DATE: July 17, 2007
PLANNING DEPT
TRACKING DESK /
REC'D: 0'"'0r@7 y
I
CT 06-27 I COP 06-32/ CP 06-19/GPA 06-09/HDP 06-10/LCPA 06-09/ZC 06-08
MUROYA RESIDENTIAL SUBDIVISION
COMPLETENESS & ISSUES REVIEW
Engineering Department staff has completed another review of the above-referenced project for
application completeness. The application and plans submitted for this proposed project are
from an Engineering perspective considered complete with issues to be resolved prior to
support of the application(s).
The following issues need to be resolved prior to resubmittal:
1. The drainage basin information (General Design Note 19, Sheet 1) should include City
of Carlsbad Master Drainage Plan I Basin "C".
2. Please add remedial estimated grading quantities and limits of over excavation as
identified in the geotechnical report dated 4/26/2006.
3. The Preliminary Geotechnical Report (dated 4/26/2006) identified several areas of
Debris Fill, Undocumented Fill, Colluvium, and generally undesireable geologic
conditions requiring remedial grading to support the proposed development. Please
show the full extent of over cut, offsite slopes, keys or buttresses anticipated to provide
a stable pad and building foundation.
4. Units 21, thru 29 and the Rec. Area should be consistent with City Standard GS-14 &
GS-15. Provide slope setbacks, brow ditches and lot or boundary condition. Please
review Units 35 thru 37 for the same issue.
5. The proposed Water Meter and Sewer Cleanout locations must be reconsidered. Please
locate meters and cleanouts out of driveways and travel ways. The typical detail (P1 R,
3R, 4R) should be revised to correct the meter and sewer cleanout located within the
proposed driveway. The notes: Typical Water Meter Locations . . . and Typical Sewer
(meter?) Locations subject to change ... are not acceptable, please correct the mistake
and remove the note. We understand change is a possibility, but the plan should be as
close to an approved design.
6. Please show Right of Way for Typical Pedestrian Ramp Detail (sheet 2)
7. Please discuss parking detail with Planning Department. The 20' end space is permitted,
provided there is drive in and out access. The proposed angled curb prohibits this
maneuver.
.. . ..
8. The parking on Drive "C" overhangs 5' sidewalk by 2.5 feet. Relocate sidewalk or
parking or provide a wider sidewalk to accommodate both. The parallel parking on Drive
"B" is also an issue per item 7 above.
9. The proposed street and access plan (private drive "B" and "C) is extremely congested
and difficult to maneuver. The minimum street width Street "B" and "C" should be 34'
within a 56' General Utility and access Easement, similar to Street "A". Our Hillside
Ordinance allows for a 32' wide street, single loaded which would work fine as a
compromise.
10. Please submit support or easement information to allow the offsite connection to
Nightshade road. Also provide calculations to support the size and capacity of the facility
downstream to accommodate this project. Submit copies of contact and negotiations
with adjacent property owner to validate acquisition.
11. Please follow proposed drainage downstream to determine capacity or mitigation to
accommodate the proposed project. Check-dams or downstream mitigation to address
the additional runoff and velocity should be shown. Perhaps a basin (Structural BMP)
and safe overflow structure could be provided on Lot 4. In reference, this is similar to
DeJong Project CT 98-05 that your company designed and processed a few years ago
with sensitive offsite drainage.
12. The Tentative Map Drainage Study section 1.3 discusses the detention basin and
overflow. Please clarify the capacity of the existing storm System you are using
downstream. Will the increase (or decrease) have an impact on either downstream
system? Please check more than just the pipe connected to, follow the design a little
further to be assured that capacity and watertight joints are necessary. The overflow
design seems to flow to the Headwall, will there be capacity for both drainage basins at
this location?.
13. Provide specific product or design specs for proposed water treatment unit(s). "Per
Manufacturer" is insufficient to support the proposed system or BMP.
14. There are no street lights proposed along the project frontage (Black Rail Road), please
take a look at this and revise if necessary.
15. Provide information to back up and explain why the power pole adjacent to Lot 2 and
adjacent to Unit 37 needs to remain. We would hope this project would underground all
power lines and poles along the complete project frontage.
CARLSBAD FIRE DEPARTMENT
Fire Protection Services
PRELIMINARY REVIEW REPORT
PROJECT NAME: Muroya Residential Subdivision
Date: 6/12/07
Project number: CT 06-27 I CP 06-19 I CDP 06-32
Staff Planner: J. Goff Engineer:
PLANN~NG DEPT
TRACKING DESK/
REC'O: ok,le/o}
Preliminary comments: (Note: This report identifies missing information that must be
included with the official project submittal. It may also identify fire protection issues associated
with the project.)
Fire Department has reviewed this application and has the following comments or
conditions to submit.
1. All dwelling units shall be provided with Automatic Fire Sprinklers. This item is a
requirement because of the narrow street section (<36') and Fire Department
vehicular access from the street places each proposed residence outside of our
primary hose reach of 150 feet. This measurement is taken from the centerline of
the street and as a man and hose would travel in a provided path of travel to the
center of the furthest reaching wall of the dwelling. If you refer to the City
Engineering Standard for Cul-de-sac streets you will find that cul-de-sac streets are
to be 36 feet curb-to-curb with 24 DU's of less. This street is 34' curb-to-curb
serving 34 units. If you were to use the livable streets concept plan you would find
that 20 DU's are permitted on 36-foot streets and all dwelling units are sprinkled,
with fire resistive construction on all DU's.
2. Pursuant to Section IV.F Fire Protection Program Policies and Requirements of the
City of Carlsbad Landscape manual Item F.3-6, absolutely no combustible wood
fencing shall be allowed within 100 feet of native undisturbed areas.
3. This shall also require that Lots 21 thru 27, 29 and 35 thru 37 be restricted as not to
permit the construction or installation of combustible structures within 100 feet of
undisturbed natural vegetation, examples of which would be pool houses, cabanas,
gym sets and patio decks and covers/canopies.
GR
DATE:
TO:
FROM:
c
CITY OF CARLSBAD REVIEW AND COMMENT MEMO
MAY, 25, 2007 REVISED PLANS ~ 2
~ ~ D D
D D ~ D
D
D D ~
ENGINEERING -DEVELOPMENT SERVICES, ATTN: TERIE ROWLEY
POLICE DEPARTMENT-ATTN: J. SASWAY PLANN!NG DEPT
FIRE DEPARTMENT-GREG RYAN TRACKING DESK
BUILDING DEPARTMENT-MIKE PETERSON R&C•O: (1(4?/B()/p?
RECREATION -MARK STEYAERT
PUBLIC WORKS DEPARTMENT (STREETS)-THOMAS MOORE
___________ WATER/SEWER DISTRICT
LANDSCAPE PLANCHECK CONSULTANT-PELA
___________ SCHOOL DISTRICT
NORTH COUNTY TRANSIT DISTRICT-PLANNING DEPARTMENT
SEMPRA ENERGY-LAND MANAGEMENT
CAL TRANS (send anything adjacent to 1-5)
PARKS/TRAILS-LIZ KETABIAN
*ALWAYS SEND EXHIBITS
PLANNING DEPARTMENT
REQUEST FOR REVIEW AND COMMENT ON PROJECT NO(S): CT 06-27, CP 06-19,
HOP 06-10. COP 06-32. HMP 07-02, GPA 06-09, ZC 06-08, LCPA 06-09
PROJECT TITLE: MUROYA SUBDIVISION
APPLICANT: TAYLOR WOODROW HOMES INC
PROPOSAL: RESIDENTIAL SUBDIVISION OF 2 RESIDENTIAL LOTS, 1 PRIVATE
STREET/DRIVEWAY LOT AND 2 OS LOTS FOR THE CONSTRUCTION OF
37 DETACHED CONDOMINIUM UNITS ON 20.3 ACRES
Please review and submit written comments and/or conditions to MICHELLE LENKOWSKI,
Senior Office Specialist in the Planning Department at 1635 Faraday Avenue, by 06/13/2007.
If you have "No Comments", please so state. If you have any questions, please contact
JASON GOFF, at 602-4643.
PLANS ATTACHED
Review & Comment 01/07
CARLSBAD FIRE DEPARTMENT
Fire Protection Services
PRELIMINARY REVIEW REPORT
PROJECT NAME: Muroya Residential Subdivision
Date: 1102107
Project number: CT 06-27 I CP 06-19 I CDP 06-32
Staff Planner: J. Goff Engineer:
Preliminary comments: (Note: This report identifies missing information that must be
included with the official project submittal. It may also identify fire protection issues associated
with the project.)
Fire Department has reviewed this application and has the following comments or
conditions to submit.
1. All dwelling units shall be provided with Automatic Fire Sprinklers.
2. All streets recorded as Fire Lanes, and subject to the restrictions and enforcements
afforded to this designation.
3. On-street parking shall not be permitted on Pvt. Streets B and C as the street width
is to narrow to accommodate any on-street parking. The bulb at the end of Pvt
Street A shall also be designated as a No Parking zone.
GR
Gor::~~ /
City of Carlsbad ·o~
• :m •caw .xg ·t• ''; .c=a '''
Date: December 21, 2006
To:
From:
Plan Review Recommendations
Carlsbad Police Department's Crime Prevention Unit has provided the following optimal
security recommendations. The purpose of this document is to safeguard property and public
welfare by regulating and reviewing the design, construction, quality of materials, use and
occupancy, location, and maintenance of all buildings and structures. The standards used in
this document represent model international standards.
Crime Prevention through Environmental Design
The proper design and effective use of the built environment can lead to a reduction in the fear
and incidence of crime and an improvement in the quality of life. The proper design influences
this by positively affecting human behavior. The design includes the physical environment, the
planned behavior of people, the productive use of space and an effective crime floss prevention
program.
Natural Surveillance
1. Place and design physical features to maximize visibility. This will include building
orientation, windows, entrances, walkways, landscape trees and shrubs, fences and any
other physical obstruction.
2. Design the placement of persons and or activities to maximize surveillance possibilities.
3. Design lighting that provides for appropriate nighttime illumination of walkways,
entrances and driveways.
Natural Access Control
1. Use sidewalks, pavement, lighting and landscaping to clearly guide guests to and from
selected entrances.
2. Use real or symbolic barriers like fences or landscaping to prevent and or discourage
access to or from dark and or unmonitored areas.
Provisions for territorial reinforcement
1. Use pavement treatments, landscaping and fences to defme and outline ownership or property.
• Homes
Lighting
1. Keep in mind when creating a light plan: placement, intensity, reflection, balance,
contrast, color and glare. Eyes see lighter colors better than dark. We loose 90% of the
2560 Orion Way • Carlsbad, CA 92010-7240 • (760) 931-2100 • FAX (760) 931-8473 <!)
., '
light we use if we place it around dark surfaces without anything to reflect the light.
Unshielded lights cause a glare and reduce what they eye can see.
2. All types of exterior doors should be illuminated during the hours of darkness, with a
minimum maintained one (1) foot-candle of light, measured within a five-foot radius on
each side of the door at ground level.
3. Choose light fixtures with dawn to dusk sensors or timers.
4. Recessed areas of buildings or fences, which have a minimum depth of two feet, a
minimum height of five feet, and do not exceed six (6) feet in width and are capable of
human concealment, should be illuminated with a minimum maintained 0.25 foot-
candles of light at ground level during the hours of darkness. This recommendation
applies to defined recessed areas, which are within six feet of the edge of a designated
walking surface with an unobstructed pathway to it, not hindered by walls or hedgerow
landscaping a minimum of two (2) feet in height.
5. All exterior pedestrian walkways, interior common corridors, external community areas
and open parking areas should be illuminated with a minimum maintained one (1) foot-
candle of light on the walking or driving surface during the hours of darkness.
6. Accessible luminaries should have vandal resistant light fixtures and be not less than
three feet in height from ground level when used to illuminate walkways and a
minimum of eight feet in height from ground level when illuminating surfaces
associated with vehicles. Light fixtures should be deemed accessible if mounted within
fifteen feet vertically or six feet horizontally from any accessible surface or any adjoining
roof, balcony, landing, stair tread, platform or similar structure.
7. Halide is a good light for use in large complexes.
8. The parking and drive surface lighting should have a rated average bulb life of not less
than 10,000 hours.
Landscaping
1. Plan a landscaping design that enhanced surveillance and security.
2. Tree canopies should be no lower than six (6) feet and should not allow access to roofs
or balconies.
3. Let landscaping augment, not deter from lighting and addressing.
4. Plant only low profile shrubs and maintain below two (2) feet.
5. Use security plants where necessary to prevent entering and tampering.
6. Install walls and fences that are see through for surveillance.
7. Install lockable gates that allow surveillance
8. Keep entranceways clear of clutter
Addressing
1. Locate numerals where they are clearly visible from the front street.
2. They should be a contrasting color to the background on which they are affixed.
3. Numerals shall be no less than four (4) inches in height and illuminated during the
hours of darkness.
1. There should be positioned at each entrance of a multiple family dwelling complex with
more than four buildings, an illuminated diagrammatic representation of the complex,
which depicts the location of the viewer and the unit designations within the complex. It
should be lighted during the hours of darkness.
Entrances
1. Keep entranceways clear of clutter.
Doors
.· . ' .
1. Install wooden doors of solid core construction with a minimum thickness of one and
three-fourths (1-3/4) inches.
2. Further, equip all doors with a single cylinder dead-bolt lock using a S-pin tumbler.
Connect the dead bolt to the inner portion of the lock by connecting screws. Ensure the
lock has a one-inch throw that can withstand a Cl,ltting tool attack. Choose a deadbolt
that embeds at least three-fourths of an inch into the strike plate.
Viewer
1. Arrange entrance doors so that the occupant has a view of the area immediately outside
the door without opening the door. Except doors requiring a fire protection rating that
prohibits them, such a view may be provided by a door viewer having a field of view of
not less than 190 degrees. Mounting height should not exceed fifty-four (54) inches
from the floor.
Strike Plates
1. Reinforce all deadbolt strike plates. Choose Strike plates constructed of a minimum 16
U.S. gauge steel, bronze, or brass and secure it to the jamb by a minimum of two
screws, which should penetrate at least two (2) inches into the solid backing beyond the
surface to which the strike is attached.
Keying
1. Upon occupancy by the owner, each single unit in a tract constructed under the same
general plan, should have locks using combinations that are interchange free from locks
used in all other separate dwellings.
Window and sliding glass doors
1. All exterior sliding glass doors and windows should be equipped with locking devices
which will keep the sliding panel of the door or window from being opened from the
outside horizontally or vertically.
Hinges
1. Equip hinges for out-swinging doors with non-removable hinge pins or a mechanical
interlock to preclude removal of the door from the exterior by removing the hinge pins.
• Recreation Areas and Club House
Areas like passive plazas, tennis courts, and basketballs courts without good community
surveillance become areas of negative behavior especially at night.
1. Place recreation areas inside the community allowing good lines of surveillance.
Community policing and resident territoriality in these areas are key. Without these
features they could become negative zones contributing to negative behavior.
2. Use sidewalks, pavement, lighting and landscaping to clearly guide guests to and from
selected entrances.
3. Use real or symbolic barriers like fences or landscaping to prevent and or discourage
access to or from dark and or unmonitored areas. ·
4. All exterior pedestrian walkways, interior common corridors, and open parking lots
should be illuminated with a minimum maintained one (1) foot-candle of light on the
walking or driving surface during the hours of darkness.
5. Metal halide is a good commercial purpose light.
. . . c
6. Overhead light poles should not be placed in an area planted with shade trees or other
canopy producing species. Only basic ground cover, including but not limited to hedges
and shrubs, should be used.
7. Accessible luminaries should have vandal resistant light fixtures and be not less than
three feet in height from ground level when used to illuminate walkways and a
minimum of eight feet in height from ground level when illuminating surfaces
associated with vehicles. Light fixtures should be deemed accessible if mounted within
fifteen feet vertically or six feet horizontally from any accessible surface or any adjoining
roof, balc.ony, landing, stair tread platform or similar structure.
8. To provide greater visibility, demonstration of ownership (territorial reinforcement), an
enhanced pedestrian environment, and a suitable buffer with the adjoining properties,
the basic landscaping theme should consist of low ground cover with a maximum height
of 2 feet and canopy trees with a minimum lower canopy of 6 feet.
9. Overhead light poles should not be placed in an area planted with shade trees or other
canopy producing species. Only basic ground cover, including but not limited to hedges
and shrubs, should be used.
10. Use security landscaping in areas to deter loitering or entrance where pedestrians are not wanted.
Club Houses
Lighting
1. Keep in mind when creating a light plan: placement, intensity, reflection, balance,
contrast, color and glare. Eyes see lighter colors better than dark. We loose 90% of the
light we use if we place it around dark surfaces without anything to reflect the light.
Unshielded lights cause a glare and reduce what they eye can see.
2. All types of exterior doors should be illuminated during the hours of darkness, with a
minimum maintained one (1) foot-candle of light, measured within a five-foot radius on
each side of the door at ground level.
3. Choose light fixtures with dawn to dusk sensors or timers.
4. Recessed areas of buildings or fences, which have a minimum depth of two feet, a
minimum height of five feet, and do not exceed six (6) feet in width and are capable of
human concealment, should be illuminated with a minimum maintained 0.25 foot-
candles of light at ground level during the hours of darkness. This recommendation
applies to defined recessed areas, which are within six feet of the edge of a designated
walking surface with an unobstructed pathway to it, not hindered by walls or hedgerow
landscaping a minimum of two (2) feet in height.
5. All exterior pedestrian walkways, interior common corridors, external community areas
and open parking areas should be illuminated with a minimum maintained one (1) foot-
candle of light on the walking or driving surface during the hours of darkness.
6. Accessible luminaries should have vandal resistant light fixtures and be not less than
three feet in height from ground level when used to illuminate walkways and a
minimum of eight feet in height from ground level when illuminating surfaces
associated with vehicles. Light fixtures should be deemed accessible if mounted within
fifteen feet vertically or six feet horizontally from any accessible surface or any adjoining
roof, balcony, landing, stair tread, platform or similar structure.
7. Halide is a good light for use in large complexes.
8. The parking and drive surface lighting should have a rated average bulb life of not less
than 10,000 hours.
Landscaping
1. To provide greater visibility, demonstration of ownership (territorial reinforcement), an
enhanced pedestrian environment, and a suitable buffer with the adjoining properties,
.. . .
the basic landscaping theme should consist of low ground cover with a maximum height
of 2 feet and canopy trees with a minimum lower canopy of 6 feet.
2. Overhead light poles should not be placed in an area planted with shade trees or other
canopy producing species. Only basic ground cover, including but not limited to hedges
and shrubs, should be used.
3. Use security landscaping in areas to deter loitering or entrance where pedestrians are
not wanted.
Addressing
1. Numerals should be located where they are clearly visible from the street on which they
are addressed. They should be of a color contrasting to the background to which they
are affixed.
2. Numerals should be no less than six inches in height, if located less than 100 feet from
the centerline of the addressed street or 12 inches in height if placed further than 100
feet from the centerline of the addressed street.
3. The numerals should be illuminated during the hours of darkness.
4. The rear doors of all building should have address numbers not less than six inches in
height and be of a color contrasting to the background to which they are affixed.
Doors
1. The police department recommends that hollow steel doors be a minimum sixteen (16)
U.S. gauge and have sufficient reinforcement to maintain the designed thickness of the
door when any locking device is installed.
2. Only use glass doors with fully tempered glass or rated burglary resistant glazing.
Protect all exterior doors with security hardware.
3. Equip all doors with a latch cover constructed of steel. Ensure the latch cover is a
minimum of .125 inch thick. Attach the latch cover to the outside by welding or with
non-removable bolts spaced apart on not more than ten-inch centers.
4. Construct the jamb of all aluminum frame-swinging doors to withstand 1600 pounds of
pressure in both a vertical distance of three inches and horizontal distance of one inch
each side of the strike, to prevent violation of the strike.
5. Equip rear doors used for shipping and receiving and employee entrances with a viewer.
6. A single or double door shall be equipped with a double cylinder deadbolt with a bolt
projection exceeding one inch or a hook-shaped or expanding deadbolt that engages the
strike sufficiently to prevent spreading. The dead bolt lock shall have a minimum of five-
pin tumblers and a cylinder guard.
Windows
1. Equip movable windows with security hardware and burglar resistant glazing.
2. Cover other vulnerable non-movable windows with burglar resistant glazing. Windows
of commercial buildings are vulnerable to breakage during the hours of darkness when
the business is non-operational especially windows within 40 inches of any door locking
mechanism
3. Glaze should be constructed of either two part laminated glazing with a 0.60 inch inner
layer or burglary resistant glazing
Alarm Systems
1. When considering an alarm system, the police department recommends a "verified
system" in an effort to eliminate false alarm activations and increase breach detection.
A verified system is verified through audio or visual components.
2. If considering electronic assess as a security feature, consider managed electronic
. { . . ~ ...
I
access.
This information is a representation of information gathered on a national level. The purpose is
to provide effective and consistent information. If you would like additional assistance
concerning building security or employee security issues, please contact the Crime Prevention
Unit at (760) 931-2105.
By, Jodeene R. Sasway
Crime Prevention Specialist
Carlsbad Police Department
(760) 931-2195
·~ ~CARLSBAD
~i~~ ~d 1\h~\1\
LJ FILE
Planning Division www.carlsbadca.gov
November 16, 2011
Janet Stuckrath
U.S. Fish and Wildlife Service
6010 Hidden Valley Road, Suite 101
Carlsbad, CA 92008
Libby Lucas
California Department of Fish and Game
3883 Ruffin Road
San Diego, CA 92123
SUBJECT: CT 06-27-MUROYA PROPERTY WITHIN ZONE 20 STANDARDS AREA
Dear Ms. Stuckrath and Ms. Lucas:
This letter is a request for concurrence that the Muroya project is consistent with the requirements and
conservation standards of the City's Habitat Management Plan . (HMP). As detailed below, the project
impacts will be mitigated in accordance with mitigation ratios contained in Table 11 of the HMP and all
applicable HMP Adjacency Standards will be applied.
The project site is located within the Local Facilities Management Zone 20 Standards Area and the Coastal
Zone and is therefore subject to the zone-specific standards (beginning on page D-79 of the HMP) and the
site-specific Coastal Zone conservation standards (beginning on D-114 of the HMP). Consistency with these
standards is also described below.
Mitigation Ratios for Habitat Impacts
VEGETATION EXISTING IMPACTED MITIGATION MITIGATION REQUIREMENT
COMMUNITY ACREAGE ACREAGE RATIO
Southern Maritime 5.39 0.29 3:1 0.87 acres will be restored onsite
Chaparral {5.3%) as Open Space (Lot 3&4)
(Group B habitat)
5.1 acres (94.6%) will be
preserved onsite as Open Space
Southern Mixed 0.77 0.27 1:1 0.27 acres will be restored onsite
Chaparral {6.5%) as Open Space (Lot 3&4)
(Group D habitat)
0.50 acres (93.5%) will be
preserved onsite as Open Space
Agriculture 7.90 7.90 Mello II LCP In-lieu fee
(Group F habitat) Ag. 10,000 per acre
Mitigation
Fee
Disturbed Land 1.83 1.56 In-lieu fee In-lieu fee
(Group F habitat)
Totals 15.89 10.02
1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ®
' ...
CT 06-27-MUROYA PROPERTY WITHIN ZONE 20 STANDARDS AREA
November 16, 2011
Pa e 2
Adjacency Standards
The project is located adjacent to and north of the future HMP Hardline Preserve. In order to minimize edge
effects, the following adjacency standards have been incorporated into the project:
1. Fire Management: A Fire Protection Plan has been included as part of the project design and includes a
60-foot wide fire suppression zone between the proposed structures (Lots 21-27, 29 and 35-37) and the
HMP Preserve boundary to the west. Fire Suppression Zones 2 and 3, which are closest to the HMP
Preserve boundary, will be planted with a low water use, naturalizing plant species, known to have low
fuel characteristics. As such, implementation of fire management requirements as proposed would be
consistent with the HMP buffer requirements.
2. Erosion Control: Prior to construction of the proposed project, the project proponent shall develop an
erosion control plan. The plan shall identify areas susceptible to erosion on the property and
immediately adjacent to the existing HMP Preserve Area. All potentially sensitive slopes shall be
stabilized and, if necessary, planted with native vegetation consistent with the plant community in the
adjacent preserve area. The erosion control plan shall contain elements preventing runoff and the
transport of fertilizers, pesticides, and similar materials into the existing HMP Preserve Area.
3. Landscaping Restrictions: The project shall prohibit the use of any non-native, invasive plant species in
landscaping adjacent to the existing HMP Preserve or in any area where undesirable plant materials may
have the opportunity to spread into the adjacent preserve area. The Final Landscape Plans prepared for
the project shall include a list of HMP non-native invasive plant species that are to be avoided. Lastly, the
project shall control landscape irrigation located adjacent to the existing HMP Preserve in order to
prevent runoff from spreading into it.
4. Fencing, Signs, and Lighting: The proposed project has been designed to provide an Open Space Lot (Lot
3) between the proposed natural vegetated Open Space Lot (Lot 4) and residential Lots 21-27, 29 and 35-
37. A 6ft. tall tubular steel view fence is proposed along the rear property lines of Lots 21-27, 29 and 35-
37, which will further separate these two areas. Where Open Space Lot 3 and the Proposed HMP
Preserve Area meet, a 4 to 5 ft. tall black vinyl coated chain link fence shall be constructed along the
entire boundary. Sign age shall be installed on the fence to educate and inform the public about the goals
of the HMP Preserve and to prohibit public access. Lighting in back yards adjacent to the existing HMP
preserve area shall be of the minimum necessary for safety and security and shall be shielded and
directed to shine downward and not into the HMP Preserve. Homeowner lighting restrictions shall be
included in the project CC&R's.
5. Predator and Exotic Species Control: Project CC&R's shall educate homeowners regarding responsible
pet ownership (e.g., keeping pets indoors, spaying/neutering pets, and not releasing pets into the wild).
The proposed project has been designed to provide an Open Space Lot (Lot 3) between the proposed
natural vegetated Open Space Lot (Lot 4) and residential Lots 21-27, 29 and 35-37. A 6 ft. tall tubular
steel view fence is proposed along the rear property lines of Lots 21-27, 29 and 35-37, which will further
separate these two areas. For exotic species control, the project shall not use any non-native, invasive
plant species in landscaping adjacent to the existing HMP Preserve. The use of invasive exotic plant
species as listed in the HMP shall be avoided.
Additionally, in accordance with the HMP, the open space area shall be protected by a Conservation
Easement and an endowment shall be established for long-term management, monitoring and reporting of
the area in perpetuity. Title to the open space parcel shall be transferred to an appropriate land trust entity.
CT 06-27-MUROYA PROPERTY WITHIN ZONE 20 STANDARDS AREA
November 16, 2011
Pa e 3
Local Facilities Management Zone 20 Specific Standards
The HMP conservation goals for Zone 20 require conservation of the majority of sensitive habitats in or
contiguous with biological core and linkage areas, including no net loss of wetlands habitats, southern
maritime chaparral, maritime succulent scrub, and coastal sage scrub within Core Area 6 and Linkage Area F.
A habitat assessment of the project site was prepared by Dudek Engineering and Environmental in October
and November of 2006 and later revised on November 2009. According to the report, the 20.27 acre site
contains nine plant communities or land covers: Agricultural Lands (7.90 acres), Coastal Sage Scrub (2.03
acres), developed lands (1.11 acres), disturbed lands (1.83 acres), Native Grassland (0.19 acres), ornamental
plantings (1.05 acres), Southern Maritime Chaparral (5.39 acres), Southern Mixed Chaparral (0.77 acres), and
Waters of the U.S. (0.02 acres). No Narrow Endemic species, riparian habitats or wetlands are located within
the property. There is 0.02 acres of waters of the U.S. however this is located within the upland plant
community and does not contain any wetland or riparian habitat.
The proposed project, which is directed by the HMP to cluster development on disturbed areas to the
maximum extent feasible, will primarily impact agricultural and disturbed lands. The project is proposing
grading and compacting of slopes within the project area that will impact a minor amount of Chaparral
habitat. Impacts to 0.29 acres of Southern Maritime Chaparral and 0.77 acres of Southern Mixed Chaparral,
will be mitigated by restoration of like habitat onsite. The subject site is identified as a Standards Area in the
HMP and mitigation to a "no net loss" standard is required for impacts to sensitive habitats. Table 11 (Pg. D-
113) of the HMP identifies mitigation ratios for impacts to habitats identified as sensitive in the HMP. The
HMP also allows impacts to agriculture and disturbed habitat areas to be mitigated through the payment of
an in-lieu mitigation fee
Coastal Zone Standards
The HMP requires a 20-foot buffer for all other native habitats (i.e., coastal sage scrub) between preserved
habitats and development. The HMP requires preservation of 67% the Coastal Sage Scrub (CSS) onsite, with a
"no net loss" of CSS within the Coastal Zone. Project impacts to occupied CSS require a 2:1 mitigation ratio
with a minimum 1:1 creation component that achieves the "no net loss" standard. As part of the project all
CSS will be retained in an open space easement and will not be impacted.
Based upon the analysis above, the City finds that the Muroya project is consistent with the HMP and hereby
requests concurrence from the Wildlife Agencies. Supporting documentation for the above information is
contained in the Mitigated Negative Declaration, publish date February 17, 2010, and the project specific
"Biological Resources Technical Report and Impact Analysis" prepared by Dudek, dated February 2009, which
were transmitted to the Wildlife Agencies on February 17, 2010.
Please contact the project planner, Daniel Halverson at 760-602-4631, if you have any questions or require
additional information.
Sincerely,
DON NEU, AICP
Planning Director
c: Chris DeCerbo, Principal Planner
Michael Grim, Senior Planner
Jack Henthorn & Associates
P.O. Box 237
November 14, 2011
Dan Halverson
Planning Department
City of Carlsbad
1635 Faraday Avenue
Carlsbad, California
Carlsbad, California 92018-0237
(760} 438-4090
Fax (760} 438-0981
Subject: Grading Permit Items-MUROYA
Dear Dan:
RECEIVED
NOV 1 4 2011
CITY OF CARLSBAD
PLANNING DIVIS,ON
Enclosed please find responses to each of the items noted in your e-mail of
November 10, 1011.
The final page in the package is a check list containing a summary of your
comments along with status notes related to each item.
As you will note, it appears that items 1, 3, 4, 7 and 8 can be determined to be
complete in that they do not require further review by the City.
The agricultural conversion (item 6) and HMP fees were paid this morning. You
can check the computer to verify this.
Finally, the Conceptual Upland Mitigation Plan (Item 5) has been revised to
incorporate the comments from Environmental Management. A copy of detailed
comments from Rosanne which provides detailed information on the location of each
comment has been provided for ease of confirmation.
Taylor Morrison is at a deadline point in their time line related to the property
transaction where they must have the grading permit released so that the pre-con
meeting can be established and a FIRM date set for the start of grading activities.
Since it appears that the only item requiring confirmation on the part of the staff
is item 5, it is requested that the review be expedited, so that planning can sign off on
1902 Wright Place, Ste 200, Carlsbad, CA 92t-08
the release of the grading permit. To this end, I am providing a separate copy of
the updated Upland Mitigation Plan and associated e-mail directly to Mike Grim.
Please contact me at your earliest convenience to discuss these items and confirm
the release of the permit by planning.
encl.
cc: file
DonNeu
Mike Grim Document!
-2-
' .. r
SAN DIEGO NATURAL HISTORY MUSEUM
BALBOA PARK-SAN DIEGO SOCIETY OF NATURAL HISTORY-ESTABLISHED 1874
9 November 2011
Ms. April Tomilla
Taylor Morrison of CA, LLC
8105 Irvine Center, Suite 1450
Irvine, CA 92618
RE: Paleontological mitigation; Muroya Property
Dear Ms. Tomilla:
This letter is to confirm that the Department of Paleo Services at the San Diego Natural History
Museum (SDNHM) has been retained by Taylor Morrison of CA, LLC to provide
paleontological mitigation services during mass grading activities for the constructing of the
Muroya Property project. The Museum is run and operated by the San Diego Society ofNatural
History, which is a private non-profit scientific organization incorporated in 1874. Our proposed
scope of work includes the following tasks:
1. attend any pre-construction meetings;
2. monitor the grading operations and inspect cuts for unearthed fossil remains;
3. salvage remains as they are uncovered;
4. document the stratigraphic and geologic context of salvaged fossil remains;
5. remove fossils from the project site;
6. clean, repair, and sort salvaged fossils for eventual donation to the SDNHM;
7. identify and catalog prepared fossil remains;
8. prepare a final report summarizing the results of the mitigation program. This report will
include a discussion of methods employed, fossils recovered, geologic context of fossil
remains, and significance of mitigation program.
Please feel free to call me if you have any questions concerning our scope of work.
Sincerely,
~.u-
Melissa Soetaert
Office/Curatorial Manager
Department of Paleo Services
Post Office Box 121390 *San Diego, California 92112-1390 *Telephone 619-232-3821 *FAX 619-255-0187 * www.sdnhm.org
r • r
SAN DIEGO NATURAL HISTORY MUSEUM
BALBOA PARK-SAN DIEGO SOCIETY OF NATURAL HISTORY-ESTABLISHED 1874
9 November 2011
Ms. April Tomilla
Taylor Morrison ofCA, LLC
8105 Irvine Center, Suite 1450
Irvine, CA 92618
RE: Paleontological mitigation; Muroya Property
Dear Ms. Tomilla:
The following paleontological monitors may participate in the construction monitoring of
excavation operations at the above mentioned project site:
Ms. Shayne Boney
Mr. Gino Calvano
Mr. Richard A. Cerutti
Mr. John L. Pfanner
Mr. Christopher S. Plouffe
Mr. Bradford 0. Riney
Mr. Patrick J. Sena
Mr. Donald R. Swanson
Mr. Todd Wirths
The Principal Investigators are Dr. Thomas A. Demere and Sarah A. Siren.
If you have any additional questions, please feel free to contact me at ( 619) 255-0309 or
msoetaert@sdnhm.org.
Sincerely, ti.JJ-
Melissa Soetaert
Office/Curatorial Manager
Department of Paleo Services
Post Office Box 121390 *San Diego, California 92112-1390 *Telephone 619-255-0309 *FAX 619-255-0187 * www.sdnhm.org
DUDEK
November 4, 2011
April Tornillo, P.E.
Land Project Manager
Taylor Morrison of CA, LLC
8105 Irvine Center Drive, Suite 1450
Irvine, CA 92618
5332-03
Subject: Avoidance of Breeding Bird Impacts for the Muroya Project, Carlsbad,
California
Dear Ms. Tornillo:
Dudek has prepared a number of biological resource documents and conducted a number of
focused surveys for the Muroya Project, located in the City of Carlsbad (City), California. The
mitigation and avoidance requirements are outlined in the Biological Resources Technical
Report (BTR), dated February 2010 and also summarized in the Mitigated Negative Declaration
prepared by the City.
The federally listed threatened coastal California gnatcatcher (Polioptila californica) was
detected onsite. Two pairs were observed: one in the central part of the site and one in the
southern portion. Both pairs are anticipated to be preserved onsite and no impact to coastal sage
scrub, their preferred habitat, is proposed. However there are very small impacts to southern
maritime chaparral and southern mixed chaparral, habitat that can be used by California
gnatcatcher or other sensitive bird species. To avoid indirect impacts to the species, mitigation
measures are proposed that would prohibit clearing, grubbing, grading or other construction
activities in the coastal sage scrub from February 15 to August 30, which is the breeding season
of the California gnatcatcher. In addition, during the breeding season, no construction activities
will occur within any portion of the site where they would result in noise levels exceeding 60
dB( A) hourly average at the edge of the coastal sage scrub habitat if nesting birds are present.
In order to implement the avoidance and protection of the California gnatcatcher within the
preserve area onsite, if clearing, grubbing, grading or other construction activities are anticipated
to occur during the breeding season (February 15 through August 30), within the potentially
suitable habitat of the species, a focused survey will be conducted immediately prior to the
clearing activities. The survey will be conducted in accordance with the currently accepted U.S.
WWW.DUDEK.COM
. .
Ms. April Tornillo
Subject: Avoidance of Breeding Bird Impacts for the Muroya Project, Carlsbad, California
Fish and Wildlife Service protocol. The survey includes conducting three survey visits
approximately one week apart within the suitable habitat. If the California gnatcatcher or other
sensitive bird species are determined to be nesting within the area proposed to be impacted, the
clearing or other construction activity will be postponed until after the breeding season or until
the birds are determined to be finished with their nesting activity.
In addition to construction resulting in direct impacts to California gnatcatcher and other
sensitive birds, construction activity, including grading has the potential to indirectly impact
nesting birds that are protected under the Migratory Bird Treaty Act. Construction noise should
be avoided during the breeding season by avoiding grading during that time. However, this
restriction can be waived by the City of Carlsbad with concurrence from the Wildlife Agencies
upon completion of a nesting bird survey. The sur-Yey will be conducted immediately prior to
any grading activity during the breeding season and will include surveying within 500 feet of the
limits of grading. If nests are present within 500 feet of the proposed grading, no grading or
removal of habitat may take place until the nesting season is over or until the project biologist
confirms that the nesting birds have completed breeding. A buffer will be established around
any nests observed in coordination with the project biologist. The buffer will ensure that no
noise levels will exceed 60 dB(A) hourly average at the edge of the habitat.
Please feel free to contact me at 760.479.4239 with questions or if you require additional
information.
Sincerely,
~~
Senior Project Manager/Senior Biologist
cc: Jack Henthorn, Jack Henthorn Associates
DUDEK 2
25332-03
November 4, 2011
_4(~~ CITY OF
VcARLSBAD
Planning Division
August 24, 2011
Jack Henthorn
c/o Jack Henthorn & Associates
P.O. Box 237
Carlsbad, CA 92018
www.carlsbadca.gov
SUBJECT: NOTICE OF RESTRICTION and NOTICE CONCERNING AIRCRAFT -CT 06-27/CP 06-
19/CDP 06-32/HDP 06-10/HMPP 07-02-MUROYA SUBDIVISION
Dear Applicant:
Please find the enclosed Notice of Restriction and Notice Concerning Aircraft that needs to be signed,
notarized, and returned for recordation. This is to fulfill a condition of approval of the CT 06-27 /CP 06-
19/CDP 06-32/HDP 06-10/HMPP 07-02-MUROYA SUBDIVISION. Please ensure the following items are
addressed prior to returning the Notice of Restriction:
../ Correct Notary Acknowledgement Required (Effective January 1. 2008, all Certificates of
Acknowledgement used by a California notary on a document that will be recorded in the State of
California must NOT HAVE "PERSONALLY KNOWN TO ME" in the acknowledgement. (Assembly Bill
886, Chapter 399))
../ Document must be properly notarized .
../ Name on signature page and name on Notarial Acknowledgement must match .
../ Property owner's signatures/initials must be the same as on Notary Acknowledgement .
../ Notary seal cannot be blurry/too light (County will not record the document if any portion of the
Notary Seal is blurry or too light)
../ Include property owner's name in the designated space above the owner's signature .
../ Please pay particular attention to the signature requirements at the bottom of the signature page.
It is our goal to assist you in getting the Notice of Restriction recorded as expeditiously as possible. If
you have any questions or need additional assistance, please contact Michele Masterson, Senior
Management Analyst at (760) 602-4615 or via email at michele.masterson@carlsbadca.gov.
DAN HALVERSON
Assistant Planner
c: April Tornillo, Taylor Morrison of CA, LLC, 15 Cushing, Irvine, CA 92618
CED Senior Management Analyst
File Copy
~~·-------------------------------------------------------------··:-1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559
~·
4~ CITY OF
VcARLSBAD
Planning Division
July 14, 2011
Toni Ross
California Coastal Commission
7575 Metropolitan Dr, Suite 103
San Diego CA 92108
RE: MUROYA LCPA (CITY OF CARLSBAD LCP AMENDMENT NO. 1-lOA)
Toni,
www.carlsbadca.gov
The City Planning Department has been made aware of your Geo Technical issues regarding soil
conditions and the debris/undocumented fill remediation. The following information is provided to
demonstrate that the project design complies with all regulations, including the Coastal Commission
endorsed HMP.
• The HMP states {Page D-119): "Assessor's Parcel No. 215-040-03 (Muroya) -Cluster
development on disturbed areas to the maximum extent feasible. Maximum 10% impact on CSS
and SMC for access purposes."
This lot is a "Standards Area" and this is what the Coastal Commission agreed to when approving our
HMP.
The City-approved project design clusters the development on disturbed areas to the maximum extent
feasible and in fact, abandons disturbed areas that are located internal to the proposed open space
preserve lot in favor of creating a more viable environmental condition for the future.
Pursuant to the HMP, the development envelop on this site is defined as the disturbed areas of the site.
Development is to be clustered specifically in these areas. The subject slope area is within the disturbed
area of the site. As such, there are no requirements to locate development away from the top of the
slope beyond those imposed by the Carlsbad Hillside Development Ordinance. There is no defined bluff
edge on this site and the design meets the setback requirements for slope edge conditions.
As a result of the project design, significant amounts of otherwise developable, disturbed areas are
being re-vegetated and incorporated into the open space preserve lot.
Since access is an integral part of the clustering of development within the disturbed area, the HMP
provides for a maximum of 10 percent impact on SMC to accommodate access. The language does not
state that there is a requirement for a road to be located in the area of impact, but simply indicates that
such impact is permitted for access purposes. In this instance, the placement of the road in its most
efficient location within the disturbed area results in an impact of 5 percent to SMC.
The location of the 1.5 safety factor limit is immaterial. The necessity of the grading as an integral part
of the clustered design is documented both in the soils report and the supplemental letter of June 22,
2011.
1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559
MUROYA LCPA (CITY OF CARLSBAD LCP AMENDMENT NO. 1-10A)
July 13, 2011
Pa e 2
It is my understanding that the developer, in response to your request, is providing a copy of the
requested plotting for the purpose of demonstrating that that location of the 1.5 safety factor line has
been established. However, as previously noted, the location of this point should have no bearing on
the site plan since all proposed development (grading) has been approved pursuant to the HMP
language.
DON NEU, AICP
City Planner
c: Sherilyn Sarb, California Coastal Commission
Lesley Ewing, California Coastal Commission
Jack Henthorn, PO Box 237, Carlsbad CA 92008
Don Neu, City Planner
Chris DeCerbo, Principal Planner
Dan Halverson, Assistant Planner
.4f~A_ C I T Y 0 F
VcARLSBAD
Planning Division www.carlsbadca.gov
February 8, 2011
Ms. Deborah Lee
California Coastal Commission
San Diego Regional Office
7575 Metropolitan Drive
San Diego, California 92108
SUBJECT: MUROYA LCPA (CITY OF CARLSBAD LCP AMENDMENT NO.l-10 A (MUROYA))
Dear Deborah,
I have been approached by the applicant and property owner of the Muroya property regarding
their need to move forward with the pending LCPA to meet certain contractual obligations
relating to the property.
It is my understanding that the Commission granted a time extension for the processing of the
pending LCPA due to Commission staff work load related to pending City of Carlsbad items,
including code revisions and the Habitat Management Plan.
Since we are involved in on-going issue resolution discussions related to the pending City items,
it is requested that you expedite the Muroya application.
Thank you for your cooperation. Please feel free to contact me at 760-602-4601 should you
wish to discuss this request.
Sincerely yours,
QLnu
DON NEU, AICP
Planning Director
c: Jack Henthorn, JHA
Chris DeCerbo, Principal Planner
Dan Halverson, Assistant Planner
Kevin Pointer, Associate Planner
1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ®
4~~ CITY OF ~~CARLSBAD
Planning Division www.carlsbadca.gov
September 22, 2010
Deborah Lee
San Diego Coast District
California Coastal Commission
7575 Metropolitan Drive, Suite 103
San Diego, CA 92108
RE: CITY OF CARLSBAD LCP AMENDMENT #1-10
Dear Ms. Lee,
This transmittal is in response to your September 9, 2010 letter regarding the incomplete/unfiled
status of the city's first Local Coastal Program (LCP) Amendment application of the 2010
calendar year (LCP Amendment #1-10). Included with this transmittal is the information
necessary for the executive director of the California Coastal Commission to deem the city's
application submitted.
The attached information consists of two attachments that provide the information you
requested related to each of the following components of the City of Carlsbad's LCP
Amendment (#1-10):
1. Muroya Subdivision-LCP Amendment 1-10 A
2. Village Area Title Amendment-LCP Amendment 1-10 B
As detailed in my August 2, 2010 letter, the City is requesting that this component of the City's
LCP Amendment be considered and processed as de minimis.
If you have any additional questions, please do not hesitate to contact the individual planners
assigned to each of the aforementioned projects using the respective email/phone numbers
contained herein.
Sincerely,
~~~£
KEVIN POINTER
Associate Planner
c: Gary Barberio, Community and Economic Development Director
David de Cordova, Principal Planner
Corey Funk, Associate Planner
Daniel Halverson, Assistant Planner
Jennifer Jesser, Senior Planner
Don Neu, Planning Director
1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ®
t • " ~ ~CARLSBAD
Planning Division www.carlsbadca.gov
September 22, 201 0
Deborah N. Lee
California Coastal Commission
San Diego Area
7575 Metropolitan Drive, Suite 103
San Diego, CA 92108-4421
SUBJECT: RESPONSE TO CALIFORNIA COASTAL COMMISSION LETTER
DATED SEPTEMBER 9, 2010 -RE: CITY OF CARLSBAD LCP
AMENDMENT #1-lOA (Muroya Subdivision)-CITY REFERENCE LCPA
06-06
Dear Ms. Lee,
This letter is in response to your September 9, 2010 letter, whereby you requested several
additional items to assist in completing your review of LCP Amendment # 1-1 OA (Muroya
Subdivision). We have compiled each of the items that you have requested and enclosed them as
part of this letter. Below is a breakdown of each item raised in your letter and a brief explanation
of how we have addressed your concern, or instead, where in the application submittal you can
find the information necessary to address your concern.
Item No. 1: You have requested a copy of the habitat assessment that was prepared for the site,
including a topographic/slope analysis, a color vegetation map, and any gnatcatcher surveys that
were prepared. For your records, please find enclosed a copy of the biological study (Biological
Resources Technical Report and Impact Analysis for the Muroya Property, prepared by Dudek in
November, 2009) that was prepared for the project and used in our environmental analysis. The
Gnatcatcher survey is provided within this report (Appendices D) and is referenced within the
staff reports (Exhibit "G" of the Application for Local Coastal Program Amendment sent with
the initial application) and within all environmental review documents (Exhibits "C 1, C2, and
G"). The report also includes several vegetation maps (Page 11, 27, and 35). Also for your
reference is a full size set of the "Hillside Development Permit Constraints Map" which also
includes a "Cut/Fill" exhibit, a "Bio/Slope" analysis, a "Dual Criteria Impact" analysis, a "40%
Slope Overlay with Geology" exhibit, and a "40% Slope Overlay with Biology" exhibit.
Item No. 2: You have requested a copy of the HMP permit that was processed with the other
permits for this project. For your records, please find enclosed a copy of the Planning
Commission Staff report and the signed HMP resolution (Resolution No. 6690). These items
may also be found in the initial submittal package in Exhibit "G."
1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ®
CITY OF CARLSBAD LCP AMENDMENT #1-lOA (Muroya Subdivision-LCPA 06-06)
September 22, 20 I 0
Page 2
Item No. 3: You have requested an address for the speaker (Vince Lombardi) that was present at
the City Council meeting on June 22, 2010. Mr. Vincent Lombardi resides at 1377 Nightshade
Dr, Carlsbad, CA 92011.
I hope this helps in expediting the processing of our LCP A application. If you have any
additional questions, or would like to discuss these matters further, please do not hesitate to
contact me via email at Daniel.Halverson@carlsbadca.gov, or by telephone at (760) 602-4631.
Sincerely,
1
/ fl
eLk~ I •
DAN HALVERSON
Assistant Planner
DH:
C: Jack Henthorn & Associates, P.O. Box 237, Carlsbad, CA 92018
Toni Ross, California Coastal Commission, San Diego Area
Don Neu, Planning Director
Chris DeCerbo, Principal Planner
Kevin Pointer, Associate Planner
STATE OF CALIFORNIA-THE NATURAL RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Governor
CALI FORNIA COASTAL COMMISSION
DIEGO AREA
METROPOLITAN DRIVE, SUITE 103
SAN DIEGO, CA 92108-4421
CITY OF CARLSBAD (619) 767-2370
Kevin Pointer
Associate Planner
City of Carlsbad
Planning Division
1635 Faraday Avenue
Carlsbad, CA 92008
Community & Economic
Development Department
September 9, 2010
Re: City of Carlsbad LCP Amendment #i -10 A (Muroya Subdivison) and B (Village
Area Title Amendment)
Dear Mr. Pointer,
In response to your cover letter, dated August 2, 2010, this letter addresses the status of
the City of Carlsbad's first amendment submittal for this calendar year. This amendment
package was received here on August 2nd as well; and, as noted above, it includes two
separate and unrelated items. The package includes changes to both the land use plan
designations and companion rezoning for the Muroya property and further updating of
the Village Area Master Plan and Design Manual, as well as it zoning ordinance, to
primarily reflect the expiration of the redevelopment area designation from the planning
area. Therefore, as a whole, the amendment package will amend both the City's certified
LCP land use plan(s) and implementation plan.
Section 13553 of the California Code.ofRegulations states "[a]n amendment to a
certified LCP or LRDP together with all necessary attachments and exhibits shall be
deemed "submitted" after having been received and found by the executive director of
the Commission to be in proper order and legally adequate to comply with Public
Resources Code Section 3 051 O(b ). Said review shall be completed within a reasonable
time, but unless there are unusual circumstances, no later than ten ( 1 0) working days
after the date it is received in the Commission offices during normal working hours[ ... ]".
Due to existing LCP workload, staffing constraints and imposed statewide furloughs, we
have had to take additional time to review this submittal. Although both amendment
requests were quite thorough and well-organized, as of the date ofthis letter, the
amendment package is not complete or deemed filed. The entire submittal will not be
deemed complete until all the outstanding items for each component has been received.
The following paragraphs will describe the outstanding items for each component.
For the Muroya Subdivision amendment, City reference LCPA 06-06, this submittal was
very complete, with the exception of certain exhibits and background information
identified below, and very well-organized. While a cursory review of the submittal
indicates that the recent history of the site was a palm tree nursery, the information also Q
indicates the site is included as a "Standards Area" in the City's adopted Habitat
Management Plan (HMP) which has been incorporated into the LCP. Given that an
important part of our review will be to evaluate and establish the appropriate
•
Kevin Pointer
City of Carlsbad LCP Amendment #1-10 AlB
September 9, 2010
Page 2
development envelope for the property, as well as consider future development in the
context of the HMP implementation efforts, we will need to have the habitat assessm~ d) and topographic/slope analyses prepared for the site, including color vegetation maps and
{ff!-r-s-_ ~natcatcher surveys. Hopefully, these documents are part ofthe City's d--------environmental review materials and/or discretionary review file for the companion
~ subdivision and are readily available.
In addition, please forward a copy of the project's HMP Permit (HMPP 07-02). While
the actual discretionary reviews (i.e. Hillside Development Permit and Coastal
Development Permit) for the subdivision will be or likely have been processed by the
City and are not directly before the Coastal Commission, the City's staff reports for those
actions may inform and provide important background material for our review of the
proposed LCP amendment. Therefore, if those reviews have been finalized, please
provide a copy of those staff reports or provide a status report on those actions. Lastly,
for a minor administrative record component, can you please provide an address for the
~ one speaker (Mr. Vince Lombardi) at the City Council hearing? Unlike the Planning ~~.._, ----rc....,-o--mm--=-~Is:-:"src;;_ minutes, there was no address provided for City Council participants.
Relative to the proposed amendment for the Village Area, City reference LCP A 1 0-01 ,
the submittal again was quite thorough. For it, we only need a copy ofthe adopted City
Council minutes and confirmation that there were no other written comments received
throughout the local hearings to complete the submittal.
Once we receive all of the identified items and review your responses, we will be able to
proceed with our more detailed review. As always, ifthere are any other supplemental
materials that the City has on record for either item that you or other City staff believes
would be helpful, please provide them as well. Given that we continue to work under
staffing constraints and the re-imposed furloughs, we certainly appreciate your assistance
and patience. I have copied this letter to your colleagues and we thank you in advance
for your attention to providing the above information. Please call Toni Ross of our staff
or me if you have any questions or need to discuss the above mentioned items.
cc: Toni Ross
Sherilyn Sarb
Don Neu
Dan Halverson \.>
Corey Funk
s· rely, "~/. \../~
~ .;[ r !"; r1 // j v {,(/(;\' ·,_, 1 .. ,;/{-·< ---. Deborah N. Lee -
District Manager
(G:\San Diego\Toni:Carlsbad LCPA 1.10 A (Muroya Subdivision) and B (Village Area Title) non filing ltr.doc)
(~CITY OF
~·"·~ CARLSBAD
Planning Division www.carlsbadca.gov
August 2, 2010
Deborah Lee
San Diego Coast District
California Coastal Commission
7575 Metropolitan Drive, Suite 103
San Diego, CA 92108-4402
SUBMITTAL: CARLSBAD LOCAL COASTAL PROGRAM AMENDMENT (LCPA): 1-10
Please find enclosed the first City of Carlsbad LCPA package for the 2010 calendar year. The
LCPA batch involves the projects as shown below.
PROJECT NAME 'LCPAFILE# 'STAFF PLANNER PHONE CONTACT
Muroya Subdivision LCPA 06-06 Dan Halverson 760-602-4631
Village Area Title Amendment LCPA 10-01 Corey Funk 460-602-4645
Please process this application as the first of three Local Coastal Program Amendments for the
City of Carlsbad for the 2010 calendar year.
Additionally, The City of Carlsbad is requesting that the following amendment: Village Area Title
Amendment (GPA 10-01/LCPA 10-01/ZCA 10-02), be reviewed and determined to be de
minimis by the executive director of the California Coastal Commission. Carlsbad staff
considers the Village Area Title Amendment submittal to be consistent with the criteria for de
minimis review required by Section 30514 of the Coastal Act, as outlined below:
• The executive director of the Coastal Commission determined the previous Village
Master Plan and Design Manual/Redevelopment Plan amendment (LCPA #03-09) was
de minimis. On November 5, 2009 the commission concurred with the executive
director's determination (staff report Th27b}, which made numerous minor changes to
Carlsbad's Village Master Plan and Design Manual and Zoning Ordinance related to the
expiration of the Village Redevelopment Plan.
• The proposed LCPA 10-01 Village Area Title Amendment is a follow-up to the above
project and consists of minor amendments to correct terminology related to the Village
area and to remove the term "redevelopment" from references to the Village area. No
changes to policies or standards are proposed.
• The proposed amendment will not change the land use or the allowable use for any
property.
• The proposed amendment will have no impact on coastal resources and is consistent
with Chapter 3 of the Coastal Act.
. " • Notice to the public was provided consistent with Section 30514( d) of the Coastal Act
~ • No public comments were received regarding LCPA 10-01.
1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ®
Carlsbad Local Coastal Program Amendment 1-10
August 2, 2010
Page2
If you have any questions, or require additional information, please feel free to contact me at
(760) 602-4620, or the project planners at the numbers listed above. Thank you for your
consideration.
Sincerely,
v-P~
KEVIN POINTER
Associate Planner
enc
c: Gary Barberio, Community and Economic Development Director
David de Cordova, Principal Planner
Dan Halverson, Assistant Planner
Corey Funk, Associate Planner
Jennifer Jesser, Senior Planner
Don Neu, Planning Director
_,
SAN DIEGO CO~TY
REGIONAL AIRPORT AUTHORITY
P.O. BOX 82776. SAN DIEGO, CA 92138-2776
619.400.2400 'w''w''w'.SAN.ORG
May 19,2010
Mr. Dan Halverson
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
0
CITY OF CARLSBAD
MAY 2 4 ZOlO
Community & Economic
Development Department
Re: Airport Land Use Commission Consistency Determination-6697 Black Rail Road, City of
Carlsbad; General Plan Amendment and Zone Reclassification to construct 3 7 single-family
residential units; APN 215-040-03; McClellan-Palomar Airport -Airport Land Use
Compatibility Plan-PAL-10-002; Resolution No. 2010-0029 ALUC
Dear Mr. Halverson:
This letter is to notify the City of Carlsbad ("City") of the May 6, 2010, consistency determination
that was made by the San Diego County Regional Airport Authority ("Authority" or "SDCRAA"),
acting in its capacity as the San Diego County Airport Land Use Commission ("ALUC"), for the
referenced project. The ALUC has determined that the proposed project is conditionally consistent
with the McClellan-Palomar Airport-Airport Land Use Compatibility Plan ("ALUCP"). A copy of
Resolution 2010-0029 ALUC, approved by the ALUC on May 6, 2010, and memorializing the
consistency determination, is enclosed for your information.
The ALUC's determination that the 6697 Black Rail Road project is conditionally consistent with
the McClellan-Palomar ALUCP was made consistent with the ALUC Policies and the State
Aeronautics Act provisions (Cal. Pub. Util. Code §21670-21679.5), and was based on numerous
facts and findings, including those summarized below:
1) The proposed project involves a general plan amendment and zone reclassification to
construct 37 detached, single-family residential units with one existing, detached single-
family residence to remain.
2) The proposed project is located outside the 60 dB CNEL noise contour. The ALUCP
identifies residential uses located outside the 60 dB CNEL noise contour as compatible with
airport uses.
3) The proposed project is in compliance with the ALUCP airspace protection surfaces because
it does not exceed an airspace threshold which would require an obstruction evaluation from
the FAA.
SAN DIEGO
INTERNATIONAL
AIRPORT
'·
Mr. Halverson
Page2
0 0
4) The proposed project is located within Safety Zone 6 of the ALUCP. The ALUCP identifies
residential uses located within Safety Zone 6 as compatible with airport uses.
5) The proposed is located within the overflight notification area. The ALUCP requires that an
overflight notification for new residential land uses be recorded with the County Recorder.
Therefore, as a condition of project approval, an overflight notification must be recorded
with the County Recorder for the new residences proposed by the project.
6) Therefore, if the proposed project contains the above-required conditions, the proposed
project would be consistent with the McClellan-Palomar Airport ALUCP.
7) This Board action is not a "project" as defined by the California Environmental Quality Act
(CEQA) Pub. Res. Code Section 21065; and is not a "development" as defined by the
California Coastal Act Pub. Res. Code Section 30106.
Please contact Ms. Sandi Sawa at (619) 400-2464 if you have any questions regarding the issues
addressed in this letter.
Thella F. Bowens
President/CEO
TFB/SS
Enclosures: Resolution 2010-0029 ALUC
cc: Amy Gonzalez, SDCRAA-General Counsel
Terry Barrie, Caltrans-Division of Aeronautics
•.
RESOLUTION NO. 2010-0029 ALUC
A RESOLUTION OF THE BOARD OF THE SAN
DIEGO COUNTY REGIONAL AIRPORT AUTHORITY
MAKING A DETERMINATION THAT THE
PROPOSED PROJECT: GENERAL PLAN
AMENDMENT AND ZONE RECLASSIFICATION TO
CONSTRUCT 37 SINGLE-FAMILY RESIDENTIAL
UNITS AT 6697 BLACK RAIL ROAD, CITY OF
CARLSBAD, IS CONDITIONALLY CONSISTENT
WITH THE MCCLELLAN-PALOMAR AIRPORT -
AIRPORT LAND USE COMPATIBILITY PLAN.
WHEREAS, the Board of the San Diego County Regional Airport
Authority, acting in its capacity as the Airport Land Use Commission (ALUC) for
San Diego County, was requested by the City of Carlsbad to determine the
consistency of a proposed development project: General Plan Amendment and
Zone Reclassification to Construct 37 Single-Family Residential Units at 6697
Black Rail Road, City of Carlsbad, which is located within the Airport Influence
Area (AlA) for the McClellan-Palomar Airport -Airport Land Use Compatibility
Plan (ALUCP), adopted in March 2010; and
WHEREAS, the plans submitted to the ALUC for the proposed project
indicate that it would involve a general plan amendment and zone reclassification
to construct 37 detached, single-family residential units with one existing,
detached single-family residence to remain; and
WHEREAS, the proposed project would be located outside the 60 decibel
(dB) Community Noise Equivalent Level (CNEL) noise contour, and the ALUCP
identifies residential uses located outside the 60 dB CNEL noise contour as
compatible with airport uses; and
WHEREAS, the proposed project is in compliance with the ALUCP
airspace protection surfaces because it does not exceed an airspace threshold
which would require an obstruction evaluation from the Federal Aviation
Administration (FAA); and
WHEREAS, the proposed project is located within Safety Zone 6 of the
ALUCP, and the ALUCP identifies residential uses located within Safety Zone 6
as compatible with airport uses; and
WHEREAS, the proposed project is located within the overflight
notification area, and the ALUCP requires that an overflight notification for new
residential land uses be recorded with the County Recorder; and
. . c
Resolution No. 2010-0029ALUC
Page2 of3
WHEREAS, the Board has considered the information provided by staff,
including information in the staff report and other relevant material regarding the
project; and
WHEREAS, the Board has provided an opportunity for the City of
Carlsbad and interested members of the public to present information regarding
this matter.
NOW, THEREFORE, BE IT RESOLVED that the Board, acting as the
ALUC for San Diego County, pursuant to Section 21670.3 of the Public Utilities
Code, determines that the proposed project: General Plan Amendment and
Zone Reclassification to Construct 37 Single-Family Residential Units at 6697
Black Rail Road, City of Carlsbad, is conditionally consistent with the McClellan-
Palomar ALUCP, which was adopted in March 2010, based upon the following
facts and findings:
(1) The proposed project involves a general plan amendment and zone
reclassification to construct 37 detached, single-family residential units with
one existing, detached single-family residence to remain.
{2) The proposed project is located outside the 60 dB CNEL noise contour. The
ALUCP identifies residential uses located outside the 60 dB CNEL noise
contour as compatible with airport uses.
{3) The proposed project is in compliance with the ALUCP airspace protection
surfaces because it does not exceed an airspace threshold which would
require an obstruction evaluation from the FAA.
{4) The proposed project is located within Safety Zone 6 of the ALUCP. The
ALUCP identifies residential uses located within Safety Zone 6 as compatible
with airport uses.
(5) The proposed project is located within the overflight notification area. The
ALUCP requires that an overflight notification for new residential land uses be
recorded with the County Recorder. Therefore, as a condition of project
approval, an overflight notification must be recorded with the County
Recorder for the new residences proposed by the project.
(6) Therefore, if the proposed project contains the above-required conditions, the
proposed project would be consistent with the McClellan-Palomar Airport
ALUCP.
Resolution No. 2010-0029ALUC
Page3 of3
BE IT FUTHER RESOLVED that this Board action is not a "project" as
defined by the California Environmental Quality Act (CEQA), Pub. Res. Code
Section 21065, and is not a "development• as defined by the California Coastal
Act, Pub. Res. Code Section 30106.
PASSED, ADOPTED AND APPROVED by the Board of the San Diego
County Regional Airport Authority at a regular meeting this 6th day of May, 2010,
by the following vote:
AYES: Board Members:
NOES: Board Members:
ABSENT: Board Members:
APPROVED AS TO FORM:
BRETON K. LOBNER
GENERAL COUNSEL
Boland, Cox, Desmond, Finnila, Panknin,
Smisek
None
Gleason, Young
ATIEST:
USSELL
DIREC I CORPORATE SERVICES/
AUTHORITY CLERK
SAN DIEGO COQTY
REGIONAL AIRPORT AUTHORITY
P.O. BOX 82776. SAN DIEGO. CA 92138-2776
619.400.2400 W'W'W'.SAN.ORG
April 21, 2010
Mr. Dan Halverson
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
Re: Airport Land Use Commission Determination
0
CITY OF CARLSBAD
APR 2 2 2010
Community & Economic
Development Department
General Plan Amendment and Zone Reclassification to construct 37 single-family
residential units at 6697 Black Rail Road, City of Carlsbad; APN 215-040-03 ·
Dear Mr. Halverson:
As the Airport Land Use Commission (ALUC) for San Diego County, the San Diego County
Regional Airport Authority acknowledges receipt of an application for a determination of
consistency for the project described above. This project is located within the Airport Influence
Area (AlA) for the McClellan-Palomar Airport --Airport Land Use Compatibility Plan (ALUCP).
ALUC staff has reviewed your application and accompanying materials and has determined that it
meets our requirements to complete a consistency determination. ALUC staff will proceed with
review of the project and report its findings to the Airport Authority Board, acting as the ALUC, to
issue a determination of consistency with the ALUCP within 60 days of the date of this letter. You
will receive notice of the Airport Authority Board hearing which will consider your project.
If you have any questions, please contact Ed Gowens at (619) 400-2244 or egowens@san.org.
~-~
Sandi Sawa
Manager, Airport Planning
cc: Amy Gonzalez, SDCRAA, Director, Counsel Services
Terry Barrie-Caltrans, Division of Aeronautics
SAN DIEGO
INTERNATIONAL
AIRPORT
IY)/1/u;t...~ ,l,J{J...C5}Jc
'~ (~4')> C I T Y 0 F
~CARLSBAD
Planning Department
March 25, 2010
CEQA Tracking Center
Department of Toxic Substances Control
Attn: AI Shami, Project Manager
1001 I Street, 22nd Floor, M.S. 22-2
Sacramento, CA 95814
0 FILE COPY
www.carlsbadca.gov
SUBJECT: RESPONSE TO DTSC COMMENTS (SCH#2010021061)-GPA 06-09/ZC 06-08/SP
203(D)/LCPA 06-09/CT 06-27/CP 06-19/CDP 06-32/HDP 06-10/HMP 07-02-
MUROYA SUBDIVISION-MITIGATED NEGATIVE DECLARATION
Dear Mr. Shami,
Thank you for your comment letter dated March 17, 2010 pertaining to the Mitigated Negative
Declaration (MND) that was prepared for the proposed Muroya Subdivision project located on a lot
(APN:215-040-03) north of Aviara Parkway, south of Corte Orchidia, east of Towhee Lane, and west
of Black Rail Road in the City of Carlsbad.
City staff has evaluated the subject agricultural property with respect to the historic release of
hazardous wastes/substances. Specifically, the applicant has provided to the City a Phase I and
sul:)sequent Phase II Environmental Site Assessment (April 2006) by Dudek Environmental and
Engineering, a Geotechnical Investigation Report by Geocon, Inc. (Project No. 07671-52-01, July 14,
2009), as well as Biological Resource Study and a Cultural Assessment Study, Drainage Study that
staff referenced in the preparation of the Mitigated Negative Declaration for this project.
The project has been assessed for all potentially significant impacts through the MND and all
identified impacts have been mitigated to a less than significant level. A review of the above
mentioned studies enabled City staff to conclude in the MND that the project does not have any
hazardous wastes/substances on site nor are any expected during the grading and construction
phases. For your convenience staff has responded below to each of the comment listed in your
letter:
Comment #1 -The NO should indentify and determine whether current or historic uses at the
project area may have resulted in any release of hazardous wastes/substances.
Reply -The applicant completed a Phase I Environmental Site Assessment and a Phase II Site
As~essment (April 2006) for the project by Dudek Environmental and Engineering. The studies
identified and assessed any hazardous wastes or substances.
Comment #2 -The document states that the (M)ND would identify any known or potentially
co11taminated sites within the proposed project area. For all identified sites, the (M)ND should
evah,Jate whether conditions at the site may pose a threat to human health or the environment.
Reply -The applicant completed a Phase I Environmental Site Assessment and a Phase II Site
Assessment (April 2006) for the project by Dudek Environmental and Engineering. The Phase I
study includes a section (pages 9-12) of "Public Agency Recort;:js Search Review" which includes all
of the regulatory agency data bases, among many others, presented in your comment letter.
Comment #3 -The (M)ND should indentify the mechanism to initiate any required investigation -
and/or remediation for any site that may be contaminated, and the government agency to provide
1635 Faraday Avenue, Carlsbad, CA 92008-7314 T (760) 602-4600 F (760) 602-8559
'-"' ...._,.
GPA 06-09/ZC 06-08/SP 203(0)/LCPA 06-09/CT 06-27/CP 06-19/CDP 06-32/HDP 06-10/HMP
07-02-MUROYA SUBDIVISION
March 25, 2010
Pa e 2
appropriate regulatory oversight. If hazardous materials ~or wastes were stored at the site, an
environmental assessment should be conducted to determine if a release has occurred.
Reply-A Phase I and II Environmental Site Assessment was prepared for the project property by
Dudek Engineering and Environmental (April 2006). The Phase 1 Environmental Site·Assessment
identified a 500-gallon aboveground fuel storage tank and pesticide use during the past agricultural
activities as potential concerns, and recommended a Phase II study be done so that soil samples
could be investigated for hazardous materials. As part of the Phase II Environmental Site
Assessment, Dudek collected five different soil samples at two locations adjacent to the
aboveground storage tank for petroleum hydrocarbons (TPH). None of the soil samples had
detectable concentrations of TPH diesel. One of the samples, a surface sample taken from
underneath the nozzle of the fuel storage tank had detectable amounts of hydrocarbons in the motor
oil range. There are no specified action levels for motor oil hydrocarbons so the report
recommendation is for the visibly stained soil to be dug out and properly disposed of prior to any
grading for the project.
Dudek also collected eight soil samples from throughout the nursery site for pesticides analysis.
Laboratory test results reported small concentrations of organochlorine pesticides in all eight of the
samples. The US EPA Region IX has published Preliminary Remediation Goals (PRGs) and the
California EPA has published the California Human Health Screening Levels (CHHSLs). Both the
EPA PRGs and CAUEPA CHHSLs have a set base which allows for residential development. The
report demonstrates that none of the eight samples contaired. concentrations greater than the US
EPA Region IX Residential PRGs or CAUEPA Residential CHHSLs.
Comment #4 -The project construction may require soil excavation and soil filling in certain areas.
Appropriate sampling is required prior to disposal of the excavated soil. If soil is contaminated;
properly dispose of it rather than placing it in another location.
Reply -The Phase II Environmental Site Assessments prepared for the project property by Dudek
Engineering and Environmental (April 2006) concludes that the site doesn't contain contaminated
soils which require excavation and removal.
Comment #5 -Human health and the environment of sensitive receptors should be protected
during the construction or demolition activities. A study of the site overseen by the appropriate
government agency might have to be conducted to determine if there are, have been, or will be any
releases of hazardous materials that may pose a risk to human health or the environment.
Reply -The Phase I Environmental Site Assessment also recommends that the existing house and
maintenance building be analyzed for asbestos and lead based paint prior to any demolition, which
will be incorporated into the conditions of approval. The existing house is proposed to remain. By
following the recommendations contained within the referenced report, the site is suitable for the
proposed project, and exposure of people to hazardous materials is considered to be less than
significant.
Comment #6 -If during construction/demolition of the project, soil and/or groundwater
contamination is suspected,-construction/demolition in the area should cease and appropriate health
and safety procedures should be implemented. If it is determined that contaminated soil and/or
groundwater exists, the (M)ND should identify how any required investigation and/or remediation will
be conducted, and the appropriate government agency to provide regulatory oversight.
Reply -The project has provided a Phase I and Phase II Environmental Site Assessment (April _
2006) by Dudek Environmental and Engineering, a Geotechnical Investigation Report by Geocon,
Inc; (Project No. 07671-52-01, July 14, 2009), as well as several other studies which concur that no
GPA 06-09/ZC 06-08/SP 2cC)/LCPA 06-09/CT 06-27/CP 06-19/C06-32/HDP 06-10/HMP
07-02-MUROYA SUBDIVISION
March 25, 2010
Pa e 3
hazardous waste are present on site or are likely to be found on site. The project also involves
grading operations and construction activity for the development of single-family homes. During the
construction phases of the proposed project, construction equipment and materials typically
associated with land development (i.e. petroleum products, paint, oils and solvents) will be
transported and used onsite. Upon completion of construction of the project, some use of hazardous
cleaning products on the site may occur. Other than during this construction phase, the project will
not routinely utilize hazardous substances or materials. All transport, handling, use, and disposal of
any cleaning substances will comply with all federal, state, and local laws regulating the
management and use of such materials. No extraordinary risk of accidental explosion or the release
of hazardous substances is anticipated with construction, development, and implementation or
operation of the proposed project. It is concluded that the routine amount of hazardous materials
utilized during the construction period is riot significant, and therefore the impact to the public or the
environment through the routine transport, use, or disposal of hazardous materials is considered to
be less that significant.
Comment #7 -If weed abatement occurred, onsite soils may contain on-site residue. If so, proper
investigation and remedial actions, if necessary, should be conducted at the site prior to construction
of the project.
Reply -The project has provided a Phase I and Phase II Environmental Site Assessment (April
2006) by Dudek Environmental and Engineering, a Geotechnical Investigation Report by Geocon,
Inc. (Project No. 07671-52-01, July 14, 2009), as well as several other studies which concur that no
hazardous waste are present on site or are likely to be found on site.
Comment #8 -If it is determined that hazardous wastes are, or will be generated by the proposed
operation, the wastes must be managed in accordance with the California Hazardous Waste Control
Law and the Hazardous Waste Control Regulations.
Reply -The project has provided a Phase I and Phase II Environmental Site Assessment (April
2006) by Dudek Environmental and Engineering, a Geotechnical Investigation Report by Geocon,
Inc. (Project No. 07671-52-01, July 14, 2009), as well as several other studies which concur that no
hazardous waste are present on site or are likely to be found on site.
In light of the Phase I and Phase II Environmental Site Assessment studies referenced in the MND, it
can be concluded that the MND adequately addresses and mitigates for potential of hazardous
waste impacts. If you have any further questions, or wish to meet, please do not hesitate to contact
me at (760) 602-4631.
Sincerely,
C[L
DAN HALVERSON
Assistant Planner
DH:sm
c: Jack Henthorn & Associates, Attn: Jack Henthorn, PO Box 237, Carlsbad, CA 92018
Taylor Morrison of CA, LLC, Attn: April Tornillo, 15 Cushing, Irvine, CA 92618
Don Neu, Planning Director
Chris DeCerbo, Team Leader
File Copy
--
Department of Toxic Substances Control
Linda S. Adams
Secretary for
Environmental Protection
March 17,2010
Mr. Dan Halverson
City of Carlsbad
1635 Faraday Avenue
Carlsbad, California 92008
Maziar Movassaghi, Acting Director
5796 Corporate Avenue
Cypress, California 90630
Arnold Schwarzenegger
CITY OF CARLSBADovernor
MAR 2 2 2010
Community & ECOil()l1lic
Development Department
DRAFT MITIGATED NEGATIVE DECLARATION (NO) FOR MUROYA SUBDIVISION
(SCH# 2010021061)
Dear Mr. Halverson:
The Department of Toxic Substances Control (DTSC) has received your submitted
document for the above-mentioned project. As stated in your document: "The proposed
project involves a General Plan Amendment (GPA), Zone Change (ZC), Local program
Amendment (LCPA), Specific Plan Amendment (SPA), Tentative Tract map (CT),
Condominium Permit (CP) Coastal Development Permit (COP), Hillside Development
Permit (HOP), Habitat Management Plan Permit (HMPP) to allow for the subdivision
and development of a 20.27 acre parcel (APN 215-04-03) located north of Aviara
parkway, south of Corte Orchidia, east of Towee Lane, and west of Black Rail Road.
The Parcel will be subdivided into five (5) separate lots. Lot 1 is approximately 6.3 acres
in size and will contain 37 detached condominium units clustered in the northern and
eastern portions of the lot. Lot 2 is 0.9 acres in size and is the site of the owners existing
residence which will remain on this parcel. Lot 3 and 4 are 1.6 acres and 9.8 acres in
size and will be open space lots. Lot 5 is a 0.7 acres size lot which will be developed as
private road for common access to the 37 detached condominium units".
Based on the review of the submitted document DTSC has the following comments:
1) The ND should identify and determine whether current or historic uses at the
project area may have resulted in any release of hazardous wastes/substances.
2) The document states that the NO would identify any known or potentially
contaminated sites within the proposed project area. For all identified sites, the
NO should evaluate whether conditions at the site may pose a threat to human
health or the environment. Following are the databases of some of the
regulatory agencies:
® Printed on Recycled Paper
Mr. Dan Halverson
March 17, 2010
Page 2
""' National Priorities List (NPL): A list maintained by the United States
Environmental Protection Agency (U.S.EPA).
• EnviroStor, a database primarily used by the California Department of
Toxic Substances Control, at www. Envirostor.dtsc.ca.gov.
""" Resource Conservation and Recovery Information System (RCRIS):
A database of RCRA facilities that is maintained by U.S. EPA.
0 Comprehensive Environmental Response Compensation and Liability
Information System (CERCUS): A database of CERCLA sites that is
maintained by U.S.EPA.
• Solid Waste Information System (SWIS): A database provided by the
California Integrated Waste Management Board which consists of both
open as well as closed and inactive solid waste disposal facilities and
transfer stations.
• GeoTracker: A List that is maintained by Regional Water Quality Control
Boards.
Local Counties and Cities maintain lists for hazardous substances cleanup
sites and leaking underground storage tanks.
The United States Army Corps of Engineers, 911 Wilshire Boulevard,
Los Angeles, California, 90017, (213) 452-3908, maintains a list of
Formerly Used Defense Sites (FUDS).
3) The NO should identify the mechanism to initiate any required investigation
and/or remediation for any site that may be contaminated, and the government
agency to provide appropriate regulatory oversight. If hazardous materials or
wastes were stored at the site, an environmental assessment should be
conducted to determine if a release has occurred. If so, further studies should be
carried out to delineate the nature and extent of the contamination, and the
potential threat to public health and/or the environment should be evaluated. It
may be necessary to determine if an expedited response action is required to
reduce existing or potential threats to public health or the environment. If no
immediate threat exists, the final remedy should be implemented in compliance
with state laws, regulations and policies.
4) The project construction may require soil excavation and soil filling in certain
areas. Appropriate sampling is required prior to disposal of the excavated soil.
If the soil is contaminated, properly dispose of it rather than placing it in another
Mr. Dan Halverson
March 17, 2010
Page 3
location. Land Disposal Restrictions (LDRs) may be applicable to these soils.
Also, if the project proposes to import soil to backfill the areas excavated, proper
sampling should be conducted to make sure that the imported soil is free of
contamination.
5) Human health and the environment of sensitive receptors should be protected
during the construction or demolition activities. A study of the site overseen by
the appropriate government agency might have to be conducted to determine if
there are, have been, or will be, any releases of hazardous materials that may
pose a risk to human health or the environment.
6) If during construction/demolition of the project, soil and/or groundwater
contamination is suspected, construction/demolition in the area should cease and
appropriate health and safety procedures should be implemented. If it is
determined that contaminated soil and/or groundwater exist, the NO should
identify how any required investigation and/or remediation will be conducted, and
the appropriate government agency to provide regulatory oversight.
7) If weed abatement occurred, onsite soils may contain herbicide residue. If so,
proper investigation and remedial actions, if necessary, should be conducted at
the site prior to construction of the project.
8) If it is determined that hazardous wastes are, or will be, generated by the
proposed operations, the wastes must be managed in accordance with the
California Hazardous Waste Control Law (California Health and Safety Code,
Division 20, Chapter 6.5) and the Hazardous Waste Control Regulations
(California Code of Regulations, Title 22, Division 4.5). If it is determined that
hazardous wastes will be generated, the facility should also obtain a United
States Environmental Protection Agency Identification Number by contacting
(800) 618-6942. C~rtain hazardous waste treatment processes or hazardous
materials, handling, storage or uses may require authorization from the local
Certified Unified Program Agency (CUPA). Information about the requirement for
authorization can be obtained by contacting your local CUPA.
9) DTSC can provide guidance for cleanup oversight through an Environmental
Oversight Agreement (EOA) for government agencies that are not responsible
parties, or a Voluntary Cleanup Agreement (VCA) for private parties. For
additional information on the EOA or VCA, please see
www.dtsc.ca.gov/SiteCieanup/Brownfields, or contact Ms. Maryam Tasnif-
Abbasi, DTSC's Voluntary Cleanup Coordinator, at (714) 484-5489.
Mr. Dan Halverson
March 17, 2010
Page4
c
If you have any questions regarding this letter, please contact me at (714) 484-5472 or
at "ashami@DTSC.ca.gov".
AI Shami
Project Manager
Brownfields and Environmental Restoration Program -Cypress
cc: Governor's Office of Planning and Research
State Clearinghouse
P.O. Box 3044
Sacramento, California 95812-3044
state.clearinghouse@opr.ca.gov
CEQA Tracking Center
Department of Toxic Substances Control
Office of Environmental Planning and Analysis
1001 I Street, 22nd Floor, M.S. 22-2
Sacramento, California 95814
ADelacr1 @dtsc.ca.gov
CEQA#2830
(~4) CITY OF
• CARLSBAD
F\LE COPY
Planning Department www.carlsbadca.gov
March 16, 2010
Jack Henthorn & Associates
Attn: Jack Henthorn
PO Box 237
Carlsbad, CA 92018
SUBJECT: GPA 06-09/ZC 06-08/SP 203(0)/LCPA 06-09/CT 06-27/CP 06-19/CDP 06-32/HDP 06-
10/HMP 07-02-MUROYA SUBDIVISION
The preliminary staff report for the above referenced project will be sent to you via email on
Wednesday, March 24, 2010, after 8:00 a.m. This preliminary report will be discussed by staff at the
Development Coordinating Committee (DCC) meeting which will be held on March 29, 2010. A twenty
(20) minute appointment has been set aside for you at 9:00 AM. If you have any questions concerning
your project you should attend the DCC meeting.
It is necessary that you bring the following required information with you to this meeting or
provide it to your planner prior to the meeting in order for your project to go forward to the
Planning Commission:
1. Unmounted colored exhibit(s) of your site plan and elevations
2. A PDF of your colored site plan and elevations
The colored exhibits must be submitted at this time to ensure review by the Planning
Commission at their briefings. If the colored exhibits are not available for their review, your
project could be rescheduled to a later time. The PDF of your colored site plan and elevations
will be used in the presentation to the Planning Commission and the public at the Planning
Commission Hearing. If you do not plan to attend this meeting, please make arrangements to
have your colored exhibit(s) and the PDF here by the scheduled time above.
Should you wish to use visual materials in your presentation to the Planning Commission, they should
be submitted to the Planning Department no later than 12:00 p.m. on the day of a Regular Planning
Commission Meeting. Digital materials will be placed on a computer in Council Chambers for public
presentations. Please label all materials with the agenda item .number you are representing. Items
submitted for viewing, including presentations/digital materials, will be included in the time limit
maximum for speakers. All materials exhibited to the Planning Commission during the meeting (slides,
maps, photos, etc.) are part of the public record and must be kept by the Planning Department for at
least 60 days after final action on the matter. Your materials will be returned upon written request.
If you need additional information
Halverson at (760) 602-4631.
Sincerely,
Q_)'t
DON NEU
Planning Director
DN:DH:sm
C": Taylor Morrison of California, LLC, Attn: April Tornillo, 15 Cushing, Irvine, CA 92618
File Copy
Project Engineer
1635 Faraday Avenue, Carlsbad, CA 92008-7314 T (760) 602-4600 F (760) 602-8559
March 12, 2010
JACK HENTHORN & ASSOCIATES
P.O. BOX237
CARLSBAD, CA. 92108
RE: MUROYA RESIDENTIAL DEVELOPMENT-REQUEST TO PURCHASE OFF-SITE AFFORDABLE
HOUSING CREDITS
Dear Jack:
Thank you for your letter dated February 25, 2010 requesting staff support for the Muroya Residential
Development to purchase housing credits in either the Villa Lorna or Cassia Heights Affordable Housing
developments in order to satisfy the project's inclusionary housing requirement. The Carlsbad Housing Policy
Team reviewed your request and met to discuss the proposal. On March 1, 2010, the Carlsbad Housing Policy
Team (City Staff) agreed to support the purchase of credits for the Muroya Residential Development. If the
developer receives approval to build 37 market rate units on the Muroya property, the developer will be
required to purchase 7 credits. Staff will recommend approval of the credit purchase to the Planning
Commission and City Council as a result of the Housing Policy Team's support.
As a reminder, staff will recommend that the credit purchase agreement expire no more than two (2) years after
project approval. If the credits have not been purchased and the building permits for the subject project are not
issued before expiration of the term of the agreement, you will need to resubmit your request for
reconsideration at that time. There is no guarantee at this time that an approval to purchase the credits will be
extended beyond the two (2) year period. In addition, it is important to remind you that the credit price is
subject to change. You will be required to pay the credit purchase price that is in effect at the time of purchase;
the credit price is not set at this time or within the agreement.
If you have any other questions regarding this matter, please contact my office at (760) 434-2935.
~~-r~
DEBBIE FOUNTAIN
Housing and Redevelopment Director
C: Project Planner-Dan Halverson
2965 Roosevelt St., Ste. B • Carlsbad, CA 92008-2397 • (760) 434-2810/2811 • FAX (760) 720-2037 <!}
,.-, -
'-"' ~
Jack Henthorn & Associates
P.O. Box 237
Carlsbad, California 92018-0237
(760) 438-4090
Fax (760) 438-0981
February 25, 2010
Ms. Deborah K Fountain
Housing and Neighbmhood Services Director
City of Carlsbad
2965 Roosevelt Street, Suite B
Cadsbad, CA 92008-2389
Subject: Mul'oya Residential Development -Request to Purchase Off-site
Affordable Housing Credits
Dear Ms .. Fountain:
This letter serves as a fotmal request by Taylor Monision Homes, Inc., acting on behalf
of the property owners of the Muroya Property to satisfy their affordable housing
obligations fot the Muroya Residential Development through the purchase of off-site
affordable housing credits in the existing Villa Lorna combined housing development as
permitted by CMC 21 .85 and City Council Policy 57.
The Muroya residential ptoject ptoposes the construction of 37 single family detached
condominium units on a 20 acre site located on the west side of Blacktail Road, in local
facilities management zone 20.. The units are proposed to range from approximately
2100 to 2800 square feet, with an average projected sales price of approximately
$700,000 ..
This application has been in process since 2004 when a proposal for an attached
residential pwject was ptesented to the Planning Department for preliminary review and
was rejected. The project was presented again in 2006 with an on site affordable housing
component and rejected as being incompatible with the surrounding development and
land use designations. The latest 37 unit project was revised and presented to the City in
late December of 2006 with a proposal to purchase credits under City Council policy 57
Due to design constJaints imposed by the Habitat Management Plan, the project was
placed on hold pending Coastal Commission approval of the City's Planned
Development Ordinance revisions The Coastal Commission approved the ordinance
revisions and the project application was determined complete and is being scheduled for
Planning Commission consideration in early April.
The options that are available to a developer to satisfy his inclusionary housing
obligations are: 1) constJuct affordable units on-site, 2) participate in an off-site
combined inclusionary project within the southwest quadrant in accordance with the
requirements set forth in Chapter 2185 of the Carlsbad Municipal Code and City Council
5927 Balfour Court, Ste .. 112 • Carlsbad, CA 92008
Policy 57 dated August 8, 1995, or 3) enter into an agreement with the City to purchase
credits fiom the Villa Lorna Combined Inclusionary Housing Project in accordance with
City Council Policy 58 dated Septembet 12, 1995 ..
In the case of the Mw-oya Residential application, there are particular circumstances that
warrant this project's pruticipation in the purchase of ctedits in the Villa Lorna combined
affordable housing project, pwsuant to Council Policy 58 criteria Significant feasibility
issues affect the ability to provide on site affordable units as discussed below..
• Given the small size of the project (37 total units) and the restricted sale prices
associated with affordable units (approximately $200,000 based on providing a
1400 square foot two bedroom unit affordable at 80% AMI), it will NOT be
possible to make the pr~ject profitable and economically feasible with on-site
affordable units.
• The pr~jected cost of land acquisition, cru1ying costs associated with the land,
funding an open space endowment and improving the site on a 3 7 unit basis is in
excess of $380,000 pet unit The cost of bringing a market tate unit to sale
including pet mit fees, constmction and sales costs is approximately $21 0,000 ..
This leaves approximately $110,000 or 18% per unit for contingency and pre tax
profit, based on an average sales ptice of $700,000
• The construction of the 6 affordable units on-site at a cost of $536,000 per unit
and a sales price of$200,000 would result in the ptojecfs mruket-rate units being
required to subsidize the 6 affordable units by over $65,000 per market unit 01
nearly $2 .. 0 million dollars. This represents over 60% of the project's pre-tax
profit and contingency funds ..
• The developer cannot afford to build the affordable housing product on-site.. The
pwchase of 6 credits in the Villa Lorna combined affordable housing pr~ject at a
cost of approximately $300,000 will reduce the the projected pre-tax profit and
contingency funds to approximately 17% and maintain the project's feasibility
This request complies with City Ordinances and City Council policies previously adopted
by the City Council.:
Contribution to the existing off-site ptoject versus ptoviding 6 affordable units on-site
will also result in increased public benefit by retwning funding currently tied up in the
Villa Lorna project, for use in other affordable housing activities. In addition, the project
will be completing the last remaining frontage improvements along the western fiuntage
of Blacktail Road, providing unintenupted pedestrian access between Poinsettia Lane
and A viara Parkway
Please call if you need additional infoxmation or if we may be of any othet assistance
We look forward to receiving your response to this request.
Enclosure
cc: Dan Halvorsen, Planning Department
Aptil I omillo, 1 aylor Monison Homes, Inc ..
Cit
February 8, 2010
Jack Henthorn
c/o Jack Henthorn & Associates
P.O. Box 237
Carlsbad, CA 92018
FILE COPY
...;;.9·/0
of
SUBJECT: GPA 06-09/ZC 06-08/SPA 2030/LCPA 06-09/CT 06-27/CP 06-19/CDP 06-32/
HOP 06-10/ HMPP 07-02 -MUROYA SUBDIVISION -CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) APPLICABILITY/PROCESS
DETERMINATION
This is to advise you that after reviewing the application for the project referenced above, the
City has determined that the following environmental review process (pursuant to CEQA) will be
required for the .Project: ·
The project is subject to the provisions of CEQA. Based on the City's analysis of the proposed
project, the following CEQA documentation/process is required for the project:
A MITIGATED NEGATIVE DECLARATION (MND) will be prepared for the project pursuant to
the provisions of CEQA. Please submit the Environmental Impact Assessment Fee of $1604.00
for the continued processing of the CEQA documentation.
For additional information related to this CEQA applicability/process determination, please
contact the project planner, Dan Halverson, at (760) 602-4631 or
Daniel. Halverson@carlsbadca.gov
Sincerely,
9;&,/lr
DON NEU
Planning Director
DN:DH:It
c: April Tornillo, Taylor Morrison of CA, LLC, 15 Cushing, Irvine, CA 92618
Chris DeCerbo, Team Leader
Clyde Wickham, Project Engineer
File Copy
Data Entry
1635 FaradaY Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us ~
JC Henthorn & AssociateO
P.O. Box 237
January 13, 2010
Dan Halverson
City of Carlsbad
Planning Department
1635 Faraday Avenue
Carlsbad, CA 92018
Carlsbad, California 92018-0237
(760) 438-4090
Fax (760) 438-0981
RECEIVED
JAN 1 3 2010
CITY OF CARLSBAD
PLANNING DEPT
/ /' / ,/
SUBJECT: 4th REVIEW FOR GPA 06-09/ ZC 06-08/ SPA 2030/ LCPA 06-09/ CT
A6-27/ CP 06-19/ CDP..,...06-32/ HOP Q.6-10/ HMPP 07-02 -MUROYA
SUBDIVISION ..,.-
Dear Dan,
Enclosed is the response to comments from the fourth submittal letter dated December
24, 2009 for the Muroya project.
At this time, we are providing four (4) complete sets of the revised development plans
along with the specific responses so that the project can continue to be reviewed.
If you would like to schedule a meeting to discuss this response letter or any of the
attached items, please contact me at your convenience.
JEH:wpc
c: April Tornillo, Taylor Morrison of CA, LLC, 15 Cushing, Irvine, CA 92618
Chris DeCerbo, Team Leader
Clyde Wickham, Project Engineer
File Copy
5927 Balfour Court, Ste. 112 • Carlsbad, CA 92008
ISSUES OF CONCERN
Planning:
1. On the Civil Plan, sheet 1, please revise General Note #9 to include all proposed
lots. (i.e. Lots 1 &5 proposed density 5.3 dulac - 7 acresl37 units and Lot 2
proposed density 1.1 dulac-0.9 acresl1 unit.
Planning Item 1 response: Modifications have been made to notes as requested and
are reflected on the resubmitted plans
2. On the Civil Plan, please provide the lot coverage for proposed Lot 2, the existing
residence.
Planning Item 2 response:
Engineering:
Lot coverage has been added to proposed lot 2 to reflect
the existing residence
1. The City has attached comments and corrections from a Geotechnical third party
review. Please correct and resubmit the geotechnical report, or submit an
addendum to address these comments.
Engineering Item 1 Response: A detailed response to the third party review
letter, prepared by GEOCON Incorporated, is
enclosed with the resubmittal package.
2. The design speed for Street "A" is 25 mph. Please correct the profile design on
sheet 4. Show compliance with design requirements identified in chapter 3 and 4
of the City's Engineering Standards.
Engineering Item 2 Response: Street "A" profile design on sheet 4, has been
modified to comply with 25 mph design
requirements identified in chapter 3 and 4 of the
City's Engineering Standards.
c
3. The proposed Stormfilter unit and filter inserts shown on sheet 3 and sheet 5 is
acceptable as a filtration unit for the anticipated development of the north half of
this project. The southern portion of the project has no structural filtration device
as identified on sheet 3, please revise.
Engineering Item 3 Response: The Storm Water Management Plan proposes a
treatment train on the southerly outfall from the
property including Catch Basin Inlet Filters and
an Extended Detention Basin. The Extended
Detention Basin will provide pollutant removal
efficiencies in accordance with the Regional
Permit Requirements. Please see Section 7.3 of
the SWMP for sizing calculations. We are in
compliance with the R WQCB permit for the
southerly portion of the project as well as the
northerly portion.
4 The project is a Priority Project and must incorporate Low Impact Design (LID)
features per Engineering Standards Volume 4, Section 2.3.3.1 and Appendix B.
This will be a condition of approval that could require redesign or modification
Engineering Item 4 Response:
Landscaping:
REPEAT COMMENTS
1-11 Completed
We concur that this can be a Condition of
approval requiring LID. We are proposing many
LID measures in our current SWMP. Though
we acknowledge that LID requirements and
technology are both moving targets, we are
comfortable that we can achieve compliance
without redesign of the site plan.
9A. The combination view fence/block wall appears to be within the sight line. Please
resolve.
12. RETURN REDLINES and provide 2 copies of only the concept plans on the next
submittal.
NEW COMMENTS
1 B. Clarify that large shrubs will not be planted in zone 1 fire suppression areas.
28. Artemisia is a high fuel species. Please provide a low fuel species where used
within the fire suppression zone.
Landscaping items 9 A, 12 and
new comments 1A and 1B: These comments are addressed in the enclosed
letter from GMP dated January 7, 2012, and are
reflected in the revised Landscape plan sets.
City
December 24, 2009
Jack Henthorn
c/o Jack Henthorn & Associates
P.O. Box 237
Carlsbad, CA 92018
FILE COPY
J~·,LI· 09
of Carlsbad
1 #IF 1 ;t; 1 1; t· 1 •14. t t a 1;. 14; 1 1
SUBJECT: 4th REVIEW FOR GPA 06-09/ ZC 06-08/ SPA 2030/ LCPA 06-09/ CT 06-27/
CP 06-19/ COP 06-32/ HOP 06-10/ HMPP 07-02-MUROYA SUBDIVISION
Dear Jack,
The Planning Department has reviewed your fourth submittal dated November 10, 2009 for the
Muroya project. Please note that the application is still considered incomplete due to the
legislative actions that are associated with this project. Furthermore, there are issues left to
resolve before the project can be scheduled for a public hearing (please see attached list).
At this time, the City asks that you provide four (4) complete sets of the revised development
plans so that the project can continue to be reviewed.
If you would like to schedule a meeting to discuss this letter or your application, please contact
me at the phone number listed below. You may also contact each commenting department
individually as follows:
• Planning Department comments: Dan Halverson, Assistant Planner, at (760) 602-4631
or Daniei.Halverson@carlsbadca.gov
• Engineering Department comments: Clyde Wickham, Associate Engineer-Engineering
Development Services, at (760) 602-2742 or Clyde.Wickham@carlsbadca.gov.
• Fire Department comments: James Weigand, Fire Inspections, at (760) 602-4661.
Sincerely,
dw\li{J
CHRIS OeCerbo
Principal Planner
CD:DH:It
c: April Tornillo, Taylor Morrison of CA, LLC, 15 Cushing, Irvine, CA 92618
Chris DeCerbo, Team Leader
Clyde Wickham, Project Engineer
Michael Elliott, PELA
James Weigand, Fire Inspection
File Copy
Data Entry
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us (i}
GPA 06-091 ZC 06-081 SPA2'Q3DI LCPA 06-091 CT 06-271 CP 06-19I~P 06-32/ HOP 06-10/
HMPP 07-02-MUROYA SUBDIVISION
December 24, 2009
Pa e 2
ISSUES OF CONCERN
Planning:
1. On the Civil Plan, sheet 1, please revise General Note #9 to include all proposed lots
(i.e. Lots 1 &5 proposed density 5.3 dulac - 7 acres/37 units and Lot 2 proposed density
1.1 dulac-0.9 acresl1 unit).
2. On the Civil Plan, please provide the lot coverage for proposed Lot 2, the existing
residence.
Engineering:
1. The City has attached comments and corrections from a Geotechnical third party review.
Please correct and resubmit the geotechnical report, or submit an addendum to address
these comments.
2. The design speed for Street "A" is 25 mph. Please correct the profile design on sheet 4.
Show compliance with design requirements identified in chapter 3 and 4 of the City's
Engineering Standards.
3. The proposed Stormfilter unit and filter inserts shown on sheet 3 and sheet 5 is
acceptable as a filtration unit for the anticipated development of the north half of this ·
project. The southern portion of the project has no structural filtration device as identified
on sheet 3, please revise.
4. . The project is a Priority Project and must incorporate Low Impact Design (LID) features
per Engineering Standards Volume 4, Section 2.3.3.1 and Appendix B. This will be a
condition of approval that could require redesign or modification.
Landscaping:
REPEAT COMMENTS
1-11 Completed
9A. The combination view fence/block wall appears to be within the sight line. Please
resolve.
12. RETURN REDLINES and provide 2 copies of only the concept plans on the next
submittal.
NEW COMMENTS
1 B. Clarify that large stlrubs will not be planted in zone 1 fire suppression areas.
2B. Artemisia is a high fuel species. Please provide a low fuel species where used within the
fire suppression zone.
GEOCON
INCORPORATED
Project No. 07671-52-01
November 3, 2009
Taylor Woodrow Homes Incorporated
16745 West Bernardo Drive, Suite 140
San Diego, California 92127
Attention:
Subject:
Ms. April Tornillo
MUROY A PROPERTY
CARLSBAD, CALIFORNIA
GEOTECHNICAL DESIGN CRITERIA FOR
DRAINAGE SWALES
Dear Ms. Tornillo:
GEOTECHNICAl CONSUlTANTS
In accordance with your request, this letter has been prepared to provide our opinion regarding the
precise grading of sideyard swales along residential units within the subject development.
If drainage swales are planned for a location within 5 feet from the structure perimeter, the footings
should be deepened to accommodate minimum foundation embedment. We recommend that the
location of the deepened footing be shown on the plot plans. We understand that Geocon
Incorporated will be provided copies of the plot plans and will observe in the field that the deepened
footings are properly excavated during the foundation excavation observation.
Should you have any questions regarding this letter, or if we may be of further service, please contact
the undersigned at your convenience.
Very truly yours,
]b(~ORATID
Shawn Weedon ·
GE2714
AS:dmc
(2)
(2/del)
Addressee
Hunsaker & Associates
Attention: Ms. Marybeth Murray
6960 Flanders Drive B Son Diego, California 92121-297 4 B Telephone (858) 558-6900 B Fox ( 858) 558-6159
JO Henthorn & AssociateO
P.O. Box 237
Carlsbad, California 92018-0237
November 2, 2009
Jason Goff, Associate Planner
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
(760) 438-4090
Fax (760) 438-0981 RECEIV£0
~·!'\I 1 0 2009
CITY OF CARLSBAD
PLANNING DEPT
Subject: Muroya Subdivision-Re-submittal Package for CT 06-27/CP 06-19/CDP
06-32/ HDP 06-10/HMPP 07-02/GPA 06-09/ZC 06-08
Dear Mr. Goff:
Enclosed is there-submittal package for the proposed Muroya Subdivision. The project
has been revised to reflect the issues of concern identified in the City Planning
Department letter dated September 15, 2009. Please refer to the transmittal letter for a
listing of specific items contained in this re-submittal.
PLANNING ISSUES OF CONCERN
Issue 1 -1.c. General Plan/Zoning/LCP revisions
All documents have been modified to incorporate the requested changes related to
General Plan, Zoning and Local Coastal Program Amendments. Update documents are
provided with this re-submittal.
~~sue 2 -General Plan/Zoning/LCP exhibits
Updated General Plan , Zone Change and Local Coastal Program Amendment exhibits
reflecting comments 1 -1.c. are included in this re-submittal.
1 ,.--Issue 3 -Zone 20 Specific Plan
r
Text revisions to Planning Area E and modifications to exhibits 3, 7 and 10 as required to
amend the Zone 20 Specific Plan to reflect changes requested in items 1 -l.c. are
included.
Issue 4-Setbacks/coverage lot 2
Setbacks and lot coverage info has been added to the plan to confirm conditions on Lot 2
5927 Balfour Court, Ste. 112 • Carlsbad, CA 92008
Issue 5 -JHA contact info
Contact information for JHA has been modified
Issue 6 -Lot summary table
The lot summary table has been updated; plan and table are consistent.
Issue 7 -Loggia setbacks
The loggias have been eliminated on units 13 and 14 and the setback dimensions have
been revised.
Item 8 -Hillside development regulations
The submittal contains four constraints map sheets (Sheets 4 thru 7) to clearly distinguish
Growth Management Constraints from Hillside and Coastal Constraints.
• The HDP BIO/SLOPE ANALYSIS map (sheet 4 of 7) addresses items required
by the Growth Management Ordinance to be used in calculating the lot/unit yield
based on net acreage and growth control point information.
• The DUAL CRITERIA IMPACT ANALYSIS map (sheet 5 of7) delineates those
areas with slope gradient in excess of 25%, habitat types and grading limits.
• The 40% SLOPES OVERLAY ON GEOLOGY map (sheet 6 of 7) delineates
those areas that are natural and manufactured slope areas with gradients in excess
of 40% in relationship to the proposed limits of grading.
• The 40% SLOPES OVERLAY ON BIO map (sheet 7 of 7) is provided to further
delineate natural and manufactured slope areas with gradients in excess of 40%.
The Hillside Development Mapping delineates slope areas and categories pursuant to
21.95.110 and 21.203.040.A. It identifies all natural and manufactured slopes within
each of the City Hillside Development Ordinance required categories.
The project design includes the grading of 425 square feet, or 0.3% (three tenths of one
percent), ofthe 2.99 acres of natural slope areas over forty percent gradient found on site.
Justification for this impact is included in the discussion of dual criteria impacts, below.
The project also proposes the grading of previously manufactured slopes over Forty
Percent Gradients as defined in 21.95.120.C. The impacted slope area is not located
along a perimeter property line and as such, the slope standards contained in 21.95.120
do not apply.
The following findings are offered to demonstrate compliance with the Hillside
Development Ordinance.
1. Hillside conditions have been properly identified on the constraints map which
shows existing and proposed conditions and slope percentages.
2. Undevelopable areas of the project have been properly identified on the Hillside
Development Constraints Map prepared in compliance with 21.95.110
3. The project complies with the purpose and intent of the Hillside Development
Permit in that :
a. Implements the goals and obtjective of the land use and open space
conservation elements of the General Plan, the zone 20 specific plan, the
Habitat Management Plan and the City's certified Local Coastal Program.
b. Hillside conditions have been properly identified and incorporated in to
the planning for the area by limiting development to areas previously
disturbed by agricultural operations and eliminating the need to access
flatter areas of the site to the southwest of the SDG&E easement
c. The project's total grading quantity of 3005 cubic yards per acre is within
the acceptable volume range of the Hillside Development Ordinance.
d. The project design preserves and enhances the aesthetic quality by
incorporating slope edge setbacks, concentrating development on the
flatter agricultural areas of the site eliminating the need to grade natural
slope areas to provide access to flatter developable areas and replicating
the natural slope areas by employing contour grading and natural
landscaping into the design of the remediated slope areas
e. The alteration of natural hillsides has been minimized and has been
designed to protect downstream areas as shown in the hydrology and
storm water management plans. Impact to natural resource areas, wildlife
habitats or native vegetation areas are proposed to be mitigated pursuant to
the PHMP. All natural habitat will be placed in an open space easement,
encumbered by a restrictive covenant with perpetual management activity
funded through a non wasting endowment.
f. The proposed encroachment into slopes of twenty five percent and over
will result in the preservation of natural habitats pursuant to the City
Habitat Management Plan that would not otherwise be possible with strict
adherence to the requirements of21.95.120 A and B.
c
Item 9 -Coastal Resource Protection Overlay Zone
The mapping produced to comply with Section 21.95.110 also meets the requirements
associated with 21.203.040.A of the Coastal Resource Protection Overlay Zone.
Supplemental exhibits are included.
The project has been designed to minimize impacts to natural slope (dual criteria) areas
exceeding 25% grade. The proposed project design would impact 0.36 acres, or 6.36% of
total on-site dual criteria slope areas. The design complies with the City's habitat
management plan in that it conserves flat areas where construction of access routes would
have resulted in additional disturbance to habitat and core and linkage areas.
Preservation levels provided by the current design could not have been achieved by strict
adherence to the requirements of21.203.040.Al.a. & b.
The HMP contains standards that are intended to direct development to the existing
disturbed areas to the maximum extent feasible, limit impacts to native vegetation and
establish viable core and linkage areas as designated in the HMP. Specifically, the
subject property (APN 215 040 03) is required to cluster development on disturbed areas
to the maximum extent feasible. A maximum 10% impact on CSS and SMC is allowed
for access purposes. The site design eliminates any circulation related impact to CSS and
SMC. A supplemental exhibit is included demonstrating how the design contiributes ot
he establishment of planned core and linkage areas.
The project proposes limited grading of dual criteria slope areas (0.36 acres or 6.36% of
the total on-site acreage). This clustered design eliminates the need to disturb additional
Southern Mixed Chaparral to gain access to flatter areas of the site to achieve a viable
level of development. Section 21.203.040 A.l.c provides for removal of native
vegetation to create firebreaks.. Supplemental exhibits are included as requested and
previously noted.
The following findings are offered to demonstrate compliance with the Coastal Resource
Protection Overlay Zone, CMC 21.203.040.A.3:
1. A soils investigation has been completed and 75 year slope stability finding is
made in the supplemental letter included with this submittal.
2. The grading of the anomalous slope area is essential to the development intent
and design and implements the provisions of the Zone 20 specific plan and
preserves those areas designated as Specific Plan open space (Zone 20 Specific
Plan Exhibit 1 0). The design of the site
3. The slope disturbance will not result in substantial damage or alteration to major
wildlife habitat or native vegetation areas in that mitigation is being proposed
pursuant to the bio technical report to insure that any potential impacts are
mitigated in accordance with the provisions of the HMP.
Items 10, 11, 12, 13 and 15-Miscellaneous Landscape plan comments
These items have been addressed in the revised landscape plans and letter from GMP
provided in this re-submittal package
Item 14 -Building Elevation Design Elements
The requested updated matrix is included.
Items 16, 17, 18, 19, 20 and 22-Biological Resources Technical Report!HMP
Compliance
These items have been addressed in the revised Biological Resources Technical Report
included with this re-submittal.
Item 21 -Mitigation for 20 ft. upland habitat buffer
The BRTR has been updated to include mitigation for the entire 20ft upland habitat
buffer in accordance with HMP-Table 11 (D-113)-Mitigation Ratios for Impacts to
HMP Habitats.
The buffer design includes an area (approximately 186 feet or 12% of the total length)
where the proposed buffer area, varying from 20 to 40 feet in width is located in a
restricted Home Owners Association common area lot within the proposed grading limits.
The modified buffer area is proposed to be landscaped with native plants that will achieve
the purposes of the buffer as defined in the Carlsbad HMP. The area will also be covered
by a restriction prohibiting development, grading or alterations including clearing of
vegetation except for fuel modification associated with brush management zone 3.
The proposed design will reduce impacts to Southern Maritime Chaparral habitat by
preserving over 7200 square feet of the highest value upland natural habitat in the Coastal
Zone. This area is proposed to be included within the habitat preservation lot where it
will be actively managed and further restricted by the SDG&E NCCP.
Engineering
Item 1 -Remedial quantity calculations
The removal quantity estimate has been updated based on geotechnical report
information.
Item 2 -Retaining wall details
Retaining wall details have been added to the typical lot grading details on Sheet 2.
Item 3 -Sideyard drainage
Details on sheet 3 have been modified per discussions between engineering staff and
representatives of Hunsaker and Associates. The requested Geotechnical letter is
provided as a part of this re-submittal package.
Issue 4-Geotechnical3rd party review
Two copies of the Geotechnical report were previously submitted along with a check for
the cost of 3rd party review.
Issue 5-Street "A" design speed
Private Street "A" is designed with a 25 M.P.H. speed with the exception of the crest
vertical curve at the project entry. The calculated vertical curve length for 25 M. P. H.
with a 6.5% grade differential is 96'. At 20M. P. H. the curve length is calculated to be
46'. The crest vertical curve was designed at 20 M.P.H. with a 60' vertical curve in order
to push back the PVI 20' to allow the entire site to drop by approximately 2' to reduce
overall grading, earthwork and retaining walls.
The justification points for this requested reduction in design speed at this location are: 1)
this location is at the entry and exit of the site where cars will be slowing to turn in or to
stop at the intersection; 2) there will be a stop sign at the intersection and the required
sight distance of 150' extends well beyond the stopping point; and 3) Street "A" is a
private street.
Issue 6-Nightshade Road storm drain easement/capacity
Reference information for the public storm drain easement on Nightshade Road has been
added to the plan. Per discussion between Dave Hammar and Clyde Wickham, capacity
issues have been resolved. This project will not increase flows leaving the site.
Issue 7-Downstream storm drain capacity.
The drainage report verifies that the capacity of the existing connection point is adequate
to convey the Muroya Project site drainage. Per discussion between Dave Hammar and
Clyde Wickham, further downstream analysis is not required. Again, this project will not
increase flows leaving the site.
Issue 8 -Street light verification.
The location of existing street lights within the project's immediate vicinity has been
verified.
c
If you have any questions or need additional information, please contact me at your
convenience, at (760) 438-4090, extension 225, or by e-mail, at
henthorn@jhenthorn.com.
cc: April Tornillo, Taylor Morrison
Anita Hayworth, Dudek & Associates
Chuck Cater, Hunsaker & Associates
Marybeth Murray, Hunsaker & Associates
Rob Streza, GMP, Inc.
Roy Capitan, Roberty Ridley Architects
.. .~ , ...••. ,\
'-" ·.....,; Mr. Jason Goff September 11,2009
City of Carlsbad Page 1 of 5
Muroya -GPA 06-09/ ZC 06-08/ LCPA 06-09/ CT 06-27/ CP 06-19/ CDP 06-32/ HDP 06-10/
HMPP07-02
3rd Review Comments Response Letter
GMP# 06-152-00
October 22, 2009
Mr. Jason Goff
Associate Planner
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008-7314
Re: Muroya-GPA 06-09/ ZC 06-08/ LCPA 06-09/ CT 06-27/ CP 06-19/ CDP 06-32/ HDP 06-
10/ HMPP 07-02
3rd Review Comments Response Letter
GMP# 06-152-00
Dear Mr. Goff:
In response to the 3rd review comments for the above-referenced project, the following are our responses:
COMMENT LETTER (9/15/09)
Planning
Comment 10: (REPEAT COMMENT) Landscape. Include a detail of proposed retaining walls. Any
retaining walls that are facing the street or are visible from the interior of the project or
public right-of-way should include a decorative type cap. The plantable wall must also
include an irrigation detail.
The plantable wall detail has been provided as requested in the June 23, 2007 issues
letter. However, the details of the other retaining walls as requested have not. Please
provide details of these walls showing consistency with the above request and also
showing consistency with design features of the other decorative walls provided
throughout the project.
Response 10: A typical retaining wall detail has been added, see detail G sheet 4.
Comment 11: Landscape Plans (Sheet 2) -The 5,236 sq. ft. of grassy play area does not fully meet the
75% active recreational component. In order for the grassy play area to count for the
75% active recreational component by itself, it will need to be increased in size to 5,550
sq. ft. with the minimum 50 ft. dimension (37 units x 200 sq. ft. per unit= 7,400 sq. ft. x
.75 = 5,500 sq. ft.). However, the plans could remain as similarly proposed with the
addition of another active recreational component chosen from the list, such as a
children's playground equipment added to the adjacent turf area, etc. Please revise.
Response 11: The active recreation area has been redesigned to be 5,614 sq.ft, see sheet 2.
Comment 12: Please revise the Landscape Plan to include visitor parking space P-15.
. ' ~ ,..,......,
'--"' ..._,
Mr. Jason Goff September 11, 2009
City of Carlsbad Page 2 of 5
Muroya -GPA 06-09/ ZC 06-08/ LCPA 06-09/ CT 06-27/ CP 06-19/ CDP 06-32/ HDP 06-10/
HMPP07-02
3rct Review Comments Response Letter
GMP# 06-152-00
Response~·· Revised.
Comment 13: Please provide pedestrian scaled landscape lighting within the recreational areas and
walkways to provide a safe walkable environment. This, in addition to the proposed
street lights, will further fulfill the intent of the Planned Development Regulations, Table
C (Section C.1 0 -Lighting).
Respons~: (5) light beacons (low ground mounted light fu:tures) have been provided along the
pathway. Additional lighting is provided to the area by the street light in front of Lot
32. See sheet 2.
Comment 15: Unless you can show that it 1s not an invasive species, please remove Pennisetum
alopecuroides.
Response U:/Removed, see sheet 1 a.
Landscaping (PELA)
REPEAT COMMENTS
Comment 4: All slopes which have been graded or disturbed, including "natural slopes", must meet
the slope planting requirements. It does not appear that groundcover and shrub planting
requirements have been met on "natural slopes". 3rct Review: See NEW COMMENTS
2A, 3A, and 4A. Address all areas and address all required standards.
Response 4: On 10122109, I clarified with Michael Elliott that the notes on sheets 1 and 1a would be
edited per the redlines in order to address this comment.
Comment 8: Fire Zone A2, B2 and A3 must have permanent irrigation. The design must provide for
head to head coverage. 3rct Review: Please revise the note to clearly indicate complete
irrigation of all planted areas. Fire suppression zones A1, A2, A3, B1 and B2 along with
any planted areas require irrigation.
Response 8: On 10122109, I clarified with Michael Elliott that the note on sheet 1 would be edited
per the redlines in order to address this comment.
NEW COMMENTS
Comment 1A: Please address landscaping of all off-site graded areas.
Response 1A: Landscape has been provided to all off-site graded areas, see sheet 1.
Comment 2A: Please revise note to indicate that plantings are to meet slope revegetation requirement
standards 1-4 except as modified by fire suppression requirements.
Response 2A: The note on sheet 1a has been revised.
•'
'-' """"' Mr. Jason Goff September 11,2009
City of Carlsbad Page 3 of 5
Muroya -GPA 06-09/ ZC 06-08/ LCPA 06-09/ CT 06-27/ CP 06-19/ CDP 06-32/ HDP 06-10/
HMPP 07-02
3'd Review Comments Response Letter
GMP# 06-152-00
Comment 3A: Please revise note to include plantings per slope revegetation requirements except as
modified by fire suppression requirements.
Response 3A: The notes on sheets 1 and 2 have been revised.
Comment 4A: Trees and/or larger shrubs are required per standard number 4 of the slope revegetation
requirements. Please insure all slope revegetation requirements are met except as
modified by the fire suppression requirements. Check all notes on plans.
Response 4A: The note has been revised, see sheet 1, all other notes have been checked for
consistency.
Comment 5A: Please insure landscaping is provided up to the back of the existing street landscape. Add
landscaping as appropriate.
Response 5A: Landscaping has been provided up to the existing street landscape as shown on sheet 1.
Comment 6A: Please provide appropriate container plants in the plantable wall cells. Seed alone is not
sufficient.
Response 6A: 1 gallon container plants for the plantable wall are indicated on sheet la in the
planting legend.
Comment 7 A: Civil plans for the tentative map do not show a retaining wall in this location. Please
coordinate plans or provide a copy of plans that show the wall for cross checking.
Response 7A: Plans have been coordinated and the retaining wall is shown on the civil engineer's
plans ..
Comment 8A: Landscape elements over 30" in height (including planting measured at maturity) are not
allowed at street comers within a triangular zone drawn from two points, 25' outward
from the beginning of curves and end of curves. (See Appendix C4). The same height
limitation applies at driveways 25' from edge of the apron outward along the curb then
45-degrees in toward the property. Please show and label the 25' sight line along with
the 330' sight line and relocate wall/fence as required to be outside of these sight lines.
Response SA: The triangular zone is drawn on the plans, see sheets 1 and 2a. A note has also been
added to sheet 1 clarifying the intent to not provide any plant material over 30" in
height within this area.
Comment 9A: Please show the 330' sight line on the entry enlargement on sheet 2a. Insure no conflicts.
Response 9A: The sight line is shown and a note has been added on sheet 2a to insure that there will
be no conflicts.
Comment 1 OA: Please add these trees with sizes to the legend.
Response lOA: The trees as noted have been added to the planting legend on sheet la.
•'
'-' Mr. Jason Goff September 11,2009
City of Carlsbad Page 4 of 5
Muroya -GPA 06-09/ ZC 06-08/ LCPA 06-09/ CT 06-27/ CP 06-19/ CDP 06-32/ HDP 06-10/
HMPP 07-02
3rd Review Comments Response Letter
GMP# 06-152-00
Comment 11A: Please add the palm symbol to the legend.
Response IJA: The palm symbol has been added to the planting legend on sheet 1a.
Comment 12A: There are several plants listed in the legend that are on the "Exotic Pest Plants of Greatest
Ecological Concern in California" list (Schinus, Olea, Cistus). Please review all plants
and modify as appropriate deleting invasive plant species.
Response 12A: The Schinus and Cistus species have been removed. Correspondence with Michael
Elliot on 10123109 indicated that the Olea species was okay to be used as long as it is
fruitless.
Comment 13A: The recreation area amenities have been revised deleting the pool area. Additional
amenities are needed such as a play area (active), and additional picnic tables and
barbecues, etc. (passive). Please review.
Response 13A: Per Planning comment number 11, the design has been revised to provide an active
play area of 5,614 sq. ft. which is in excess of the 5,500 sq. ft. required. Additional
picnic areas are provided at the adjacent turf area and barbecues are provided at the
overhead steel trellis in order to meet these requirements.
Comment 14A: Plans have been revised deleting a recreation area and substituting a "future retention
basin lot". Please explain the future retention basin. It is recommended that this area be
returned to a recreation area ..
Response 14A: The area is shown as turf, however future engineering may require that this lot serve as
a retention basin.
Comment 15A: Plans have been revised deleting a recreation area and substituting landscaped area.
Landscaping shall be used to provide and enhance opportunities for outdoor recreation,
relaxing, and eating. Although another recreation area is provided, recreational amenities
are minimal. Please revise this area back to provide recreational activities.
Response 15A: The recreational areas as provided meet the City requirements for the project per
Planning comment #11. The area was redesigned because SDG&E did not want a
totlot within their easement.
Comment 16A: Please provide a revised colored recycled water use plan for review. The plan will be
forwarded to Public Works Maintenance and Operations for review and any comments
will be returned to the applicant.
Response 16A: Provided.
..,,, '~
Mr. Jason Goff September 11,2009
City of Carlsbad Page 5 of 5
Muroya -GPA 06-09/ ZC 06-08/ LCPA 06-09/ CT 06-27/ CP 06-19/ CDP 06-32/ HDP 06-10/
HMPP 07-02
3rd Review Comments Response Letter
GMP# 06-152-00
This response letter and the attached revised plans are being resubmitted to the City of Carlsbad to
address the above review comments. Please do not hesitate to contact our office if you have any
questions or require additional information for this project.
Sincerely,
Gillespie Moody Patterson, Inc.
Rob Streza, RLA, ASLA, LEED AP
Senior Project Manager
G: 06-PROJECTS 06-152 Landarch Admin Muroya 10-22-09 Response letter-GMP,doc
September 15, 2009
Jack Henthorn
c
City
Jack Henthorn & Associates
P.O. Box 237
Carlsbad, CA 92018
FILE COPY
9·15·0"1
of Carlsbad
r:;aenun;t~i·JJ.t;Jai;.cg;a•
SUBJECT: 3rd REVIEW FOR GPA 06-09/ ZC 06-08/ LCPA 06-09/ CT 06-27/ CP 06-19/
COP 06-32/ HOP 06-10/ HMPP 07-02-MUROYA SUBDIVISION
Dear Jack,
The Planning Department has reviewed your third submittal dated August 7, 2009 for the
Muroya project. Please note that the application is still considered incomplete due to the
legislative actions that are associated with this project. Furthermore, there are issues left to
resolve before the project can be scheduled for a public hearing (please see attached list).
At this time, the City asks that you provide five (5) complete sets of the revised development
plans so that the project can continue to be reviewed.
If you would like to schedule a meeting to discuss this letter or your application, please contact
me at the phone number listed below. You may also contact each commenting department
individually as follows:
• Planning Department comments: Jason Goff, Associate Planner, at (760) 602-4643 or
Jason. Goff@carlsbadca.gov.
• Engineering Department comments: Clyde Wickham, Associate Engineer-Engineering
Development Services, at (760) 602-2742 or Clyde.Wickham@carlsbadca.gov.
• Fire Department comments: James Weigand, Fire Inspections, at (760) 602-4661.
Sincerely,
CY~
JASON GOFF
Associate Planner
JG:It
c: April Tornillo, Taylor Morrison of CA, LLC, 15 Cushing, Irvine, CA 92618
Chris DeCerbo, Team Leader
Clyde Wickham, Project Engineer
Michael Elliott, PELA
James Weigand, Fire Inspection
File Copy
Data Entry
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us {!)
GPA 06-09/ZC 06-08/LC~6-09/CT 06-27/CP 06-19/CDP 06-320P 06-10/HMPP 07-02-
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September 15, 2009
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ISSUES OF CONCERN
Planning:
1. General Plan/Zoning/Local Coastal Program (LCP): Please revise any General Plan,
Zoning, and LCP discussion(s)/note(s) on the plans/studies/exhibits to reflect the
following:
a. Proposed Lot 2, which contains the existing single-family house, will need to remain
RLM (0-4 dulac), but will require a Zone Change from Limited Control (L-C) to One-
Family Residential (R-1 ). The resultant density for this area will be 1.9 dulac (1 unit
+ 0.9 acres), which is consistent with the RLM density range of 1-4 dulac.
A Local Coastal Program Amendment (LCPA) will also be required to change the
LCP Zoning from L-C to R-1.
b. Proposed Lots 1 and 5, which contains the proposed 37 unit condominium project,
will require a General Plan Amendment from RLM (0-4 dulac) to RM (4-8 dulac) and
a Zone Change from L-C to Residential Density-Multiple (RO-M). The resultant
density for this area will be 5.3 dulac (37 units + 7 acres), which is consistent with the
RM density range of 4-8 dulac.
A LCPA will also be required to change the LCP Land Use designation from RLM to
RM and the LCP Zoning designation from L-C to RO-M.
c. Proposed Lots 3 and 4 will require a General Plan Amendment from RLM to Open
Space (OS), and a Zone Change from L-C to OS.
A LCPA will also be required to change the LCP Land Use designation from RLM to
OS and the LCP Zoning designation from L-C to OS.
Please be aware that because the total property will only yield 38 dwelling units, and 38
units are proposed, a condition will be added to the map restricting any future
subdivision of any of these lots.
2. Please provide an updated General Plan Amendment, Zone Change & Local Coastal
Program Amendment Map Exhibit addressing the issue item raised above. The previous
exhibit was prepared by Jack Henthorn & Associates.
3. Specific Plan Amendment. The project will require an amendment to the Zone 20
Specific Plan in order to address the changes to land use and zoning that are being
proposed for this site.
4. Please revise the site plan to include setbacks, lot coverage, lot width, etc. for the
existing house on proposed Lot 2 in accordance with the proposed R-1 zone, so it can
be determined that the lot dimensions and proposed orientation are not creating a
nonconforming situation.
5. Civil Plan (Sheet 1) -Please revise the project representative's (Jack Henthorn &
Associates) contact information as the address shown on the plans is no longer correct.
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6. Civil Plans (Sheet 2) -Lot Summary Table: The lot area for Lots 1, 3, and 4 are
inconsistent with the lot areas shown on Sheets 3 and 4. Please revise to be consistent.
FYI: the calculations listed above in Issue Item No. 1 (a-c) were calculated using the lot
area information shown on Sheets 3 and 4.
7. Civil Plan (Sheet 5): For Units 13 and 14, have the Loggia's been removed from the
plan since the last plan review or was a layer turned off? If they've been removed, then
please revise the setback dimension in the rear yard area so that it extends to the face
of the building. ·
8. Hillside Development (C.M.C. Ch. 21.95): Please note that pursuant to C.M.C. Section
21.95.120.8.1. development of natural slopes over 40% within the Coastal Zone, which
have all of the following characteristics shall be considered undevelopable:
a. A gradient of greater than 40%; and
b. An elevation differential of greater than 15ft.; and
c. A minimum area of 10,000 sq. ft.; and
d. The slope comprises a prominent land form feature.
Please note that grading is considered development per the definition of "Development
(in the Coastal Zone)" (see C.M.C. Section 21.04.1 07), even if it is considered remedial.
Furthermore, per the Exclusions section of the Hillside Development Regulations,
grading of hillside areas with unusual geotechnical or soil conditions necessitating
corrective work or significant amounts of grading is only allowed when outside of the
Coastal Zone (see C.M.C. Section 21.95.130).
There are two areas of the project proposing major grading of slopes over 40%, which
appear to have all of these characteristics and thus would be considered undevelopable
within the Coastal Zone. If it is believed otherwise, please prepare a supplemental
exhibit, specifically demonstrating how this project complies with the above. Additional
data in the form of revised exhibits iind/or new exhibits along with a detailed written
explanation is required in order for staff to determine compliance and to write the
necessary findings to support the approval of the Hillside Development Permit.
9. Coastal Resource Protection Overlay Zone (Ch. 21.203}: Approval of the Coastal
Development Permit requires compliance with the Coastal Resource Protection Overlay
Zone chapter. The project is proposing development of what is defined as "dual criteria
slopes" in the form of project grading and fire suppression/brush management zones.
Please demonstrate how this project is compliant with the provisions of C.M.C. Chapter
21.203. Additional data in the form of a supplemental exhibit along with a detailed
written explanation is required in order for staff to determine compliance and to write the
necessary findings to support the approval of the Coastal Development Permit.
10. (Repeat Comment) Landscape. Include a detail of proposed retaining walls. Any
retaining walls that are facing the street or are visible from the interior of the project or
public right-of-way should include a decorative type cap. The plantable wall must also
include an irrigation detail.
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September 15, 2009
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The plantable wall detail has been provided as requested in the June 23, 2007 issues
letter. However, the details of the other retaining walls as requested have not. Please
provide details of these walls showing consistency with the above request and also
showing consistency with design features of the other decorative walls provided
throughout the project.
11. Landscape Plans (Sheet 2) -The 5,236 sq. ft. of grassy play area does not fully meet
the 75% active recreational component. In order for grassy play area to count for the
75% active recreational component by itself, it will need to be increased in size to 5,550
sq. ft. With the minimum 50 ft. dimension (37 units X 200 sq. ft. per unit = 7,400 sq. ft. X
.75 = 5,500 sq. ft.). However, the plans could remain as similarly proposed with the
addition of another active recreational component chosen from the list, such as a
children's playground equipment added to the adjacent turf area, etc. Please revise.
12. Please revise the Landscape Plan to include visitor parking space P-15.
13. Please provide pedestrian scaled landscape lighting within the recreational areas and
walkways to provide a safe walkable environment. This, in addition to the proposed
street lights, will further fulfill the intent of the Planned Development Regulations, Table
C (Section C.1 0 -Lighting).
14. Please provide an updated "Building Elevation Design Elements" matrix to go along with
the Policy 44 Compliance Tables. This exhibit has been prepared in the past by Jack
Henthorn & Associates.
15. Unless you can show that it is not an invasive species, please remove Pennisetum
a/opecuroides.
Biological Resources Technical Report/HMP Compliance:
16. For HMP compliance purposes, all vegetation categories should fit within the Holland
classification system, or at least be identified as Habitat Group A-F (HMP Table 11 ).
a. "Baccharis scrub" should be identified as coastal sage scrub (Group D, if unoccupied
by coastal California gnatcatcher) .
b. "Leymus condensatus grassland" should be identified as "native grassland" (Group B).
17. There should be an exhibit showing an overlay of the property with Linkage F and the
surrounding Core Areas since this is specifically mentioned in the Standards for
properties within LFM Zone 20.
18. Please change the date of gnatcatcher breeding season from March 1 -August 15 to
February 15 -August 30 to conform to the dates listed in the USFWS survey protocol.
19. Page 42, Paragraph 3, please add the following underlined text "A buffer zone of 500
feet will be established ... "
20. Page 42, Paragraph 5, please add the following underlined text "The open space area
will need to be protected by a conservation easement, and a non-wasting endowment
will need to be established for permanent management of the area."
GPA 06-09/ZC 06-08/LCtV6-09/CT 06-27/CP 06-19/CDP 06-30P 06-10/HMPP 07-02-
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21. Please revise the report to include mitigation for the entire 20ft. upland habitat buffer in
accordance with HMP -Table 11 (D-113) -Mitigation Ratios for Impacts to HMP
Habitats.
22. Please revise Section 6.0 to provide a mitigation table for the impacts to "Disturbed
Land" (Habitat Group F) and "Agricultural Land".
For this project the report needs to clearly identify that the mitigation for the conversion
of 7.90 acres of agricultural land will be subject to the Mello II Segment of the Local
Coastal Program Agricultural Conversion Mitigation Fee, and not the in-lieu mitigation
fees as established by the HMP .. The Agricultural Conversion Mitigation Fee is presently
set at $10,000 per net converted acre of agricultural land. Please revise all portions of
the report to address this.
Engineering:
Engineering Department staff has completed their 3rd review of the above-referenced project for
application completeness. The application and plans submitted for this proposed project are
from an Engineering perspective considered complete with issues to be resolved prior to
support of the application(s).
The following issues need to be resolved prior to resubmittal:
1. The remedial grading quantities shown on Sheet 1 state 36,000 CY "remedial remove
and recompact" with 36,000 CY export. Will there be a total of 38,570 CY exported?
Will there be 36,000 CY (structural/ clean fill) imported? Please review your estimated
quantities and correct as necessary. I believe the proposed remedial grading is to
remove 36,000 CY and export debris, and to import 36,000 CY of clean fill to recompact
and stabilize. Adding these numbers to the remaining project quantities will resolve the
conflict.
2. Please show the house on the uphill and downhill pad of the Plantable (sideyard) Area
Detail on Sheet 2. Based upon the 5 ft. sideyard setback shown on (2) details of the
same sheet, the proposed retaining wall would be located 2 ft. from the dwelling unit.
The sideyard detail shows 3 ft. positive drainage from buildings. The proposed retaining
wall should also be shown on (2) Typical Surface Drainage, Building Setback Details to
the right and below on the same sheet as well.
3. The request to reduce drainage distance between sideyards should be supported by
your Geotechnical Consultant. Typically this request is backed up with deepened
footings, drainage system and possible curb to avoid saturation of building footings,
retaining walls and fences between properties. The Geotechnical Report should support
this request and should identify mitigation for the reduced positive drainage between
buildings. An addendum will suffice to address these concerns and supply
recommendations.
4. As we discussed, please submit two (2) copies of the Geotechnical Investigation and
Tentative Map for a 3rd party review. I will send out a request for proposal as soon as I
receive these copies.
5. The design speed for Street "A" is 25 mph. Please correct the profile design on Sheet 4.
.. GPA 06-09/ZC 06-08/LCC6-09/CT 06-27/CP 06-19/CDP 06-30P 06-10/HMPP 07-02-
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September 15, 2009
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6. Please submit support or easement information to allow the offsite drainage connection
to Nightshade Road. Also provide calculations to support the size and capacity of the
facility downstream to accommodate this project. The Aviara Subdivision CT 90-15 has
calculations and hydrology study that limits the capacity of downstream drainage
facilities. Please address the ultimate upstream drainage in this system.
7. The Tentative Map Drainage Study discusses the detention basin(s) and standpipe
overflow. Please clarify the capacity of the existing storm system you are using
downstream. Will the increase (or decrease) have an impact on either downstream
system? Please check more than just the immediate pipe. Follow the design a little
further to be assured that capacity or watertight joints are necessary. The overflow
design seems to flow to the headwall adjacent to Nightshade Drive; will there be
capacity for both drainage basins (Carnation Project and Muroya property) at this
location? How about downstream to Alga Road? Same question applies to the
headwall at Caspian Lane to Alga Road.
8. Please show street lights (if existing) at Black Rail Road and Avena Court.
landscaping (PELA):
The numbers listed below are referenced on the enclosed set of red line plans where
appropriate for ease of locating each area of comment concern. Please revise accordingly.
REPEAT COMMENTS
1-3 Completed.
4. All slopes which have been graded or disturbed, including "natural slopes", must meet
the slope planting requirements. It does not appear that groundcover and shrub planting
requirements have been met on "natural slopes". yrJ Review: See NEW COMMENTS
2A, 3A and 4A. Address all areas and address all required standards.
5-7 Completed.
8. Fire Zone A2, 82 and A3 must have permanent irrigation. The design must provide for
head to head coverage. yri Review: Please revise note to clearly indicate complete
irrigation of all planted areas. Fire suppression zones A 1, A2, A3, B 1, and 82 along with
any planted areas require irrigation.
9-11 Completed.
12. RETURN RECLINES and provide 2 copies of only the concept plans on the next
submittal.
NEW COMMENTS
1A. Please address landscaping of all off-site graded areas.
2A. Please revise note to indicate that plantings are to meet slope revegetation requirement
standards 1 - 4 except as modified by fire suppression requirements.
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3A. Please revise note to include plantings per slope revegetation requirements except as
modified by fire suppression requirements.
4A. Trees and/or larger shrubs are required per standard number 4 of the slope revegetation
requirements. Please insure all slope revegetation requirements are met except as
modified by the fire suppression requirements. Check all notes on plans.
5A. Please insure landscaping is provided up to the back of the existing street landscape.
Add landscaping as appropriate.
6A. Please provide appropriate container plants in the plantable wall cells. Seed alone is not
sufficient.
7 A. Civil plans for the tentative map do not show a retaining wall in this location. Please
coordinate plans or provide a copy of plans that show the wall for cross checking.
8A. Landscape elements over 30" in height (including planting measured at maturity) are not
allowed at street corners within a triangular zone drawn from two points, 25' outward
from the beginning of curves and end of curves. (See Appendix C.4). The same height
limitation applies at driveways 25' from the edge of the apron outward along the curb
then 45-degrees in toward the property. Please show and label the 25' sight line along
with the 330' sight line and relocate wall/fence as required to be outside of these sight
lines.
9A. Please show the 330' sight line on the entry enlargement on sheet 2a. Insure no
conflicts.
10A. Please add these trees with sizes to the legend.
11A. Please add the palm symbol to the legend.
12A. There are several plants listed in the legend that are on the "Exotic Pest Plants of
Greatest Ecological Concern in California" list (Schinus, Olea, Cistus). Please review all
plants and modify as appropriate deleting invasive plant species.
13A. The recreation area amenities have been revised deleting the pool area. Additional
amenities are needed such as a play area (active), and additional picnic tables and
barbeques, etc. (passive). Please review.·
14A. Plans have been revised deleting a recreation area and substituting a "future retention
basin lot". Please explain the future retention basin. It is recommended that this area be
returned to a recreation area.
15A. Plans have been revised deleting a recreation area and substituting landscaped area.
Landscaping shall be used to provide and enhance opportunities for outdoor recreation,
relaxing, and eating. Although another recreation area is provided, recreational
amenities are minimal. Please revise this area back to provide recreational activities.
16A. Please provide a revised colored recycled water use plan for review. The plan will be
forwarded to Public Works Maintenance and Operations for review and any comments
will be returned to the applicant.
GPA 06-09/ZC 06-08/LC~6-09/CT 06-27/CP 06-19/CDP 06-32,_)P 06-10/HMPP 07-02-
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Fire:
The Fire Department has no further issues with the project.
August 5, 2009
Jason Goff
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
Ok Henthorn & AssociaO
P.O. Box 237
Carlsbad, California 92018-0237
(760) 438-4090
Fax(760)438-0981
Subject: Muroya Subdivision-Re-submittal Package for CT 06-27/CP 06-19/CDP 06-32/
HDP 06-10/HMPP 07-02/GPA 06-09/ZC 06-08
Dear Mr. Goff:
Enclosed is there-submittal package for the proposed Muroya Subdivision. The project
has been revised to reflect the issues of concern identified in the City Planning Department letter
dated June 23, 2007 and the comment supplement of July 18, 2007. Please refer to the
transmittal letter for a listing of specific items contained in this re-submittal.
In addition to items related to the response to City comments specifically addressing the
letters of June 23, 2007 and July 18, 2007, you will find included documentation regarding
discussions with San Diego Gas and Electric related to habitat and easement encroachments.
The comment responses are numbered to be consistent with the numbering in the two comment
letter for ease of review.
Finally, an exhibit has been included to clarify overlaps between brush management zone
3 and the HMP required 20' habitat buffer. These items are identified in the transmittal form
accompanying this letter.
Pursuant to the Planning Department letter, now that all actions have been taken by the
City Council and the California Coastal Commission relative to the revision of the Planned
Development Ordinance, the application components should now be deemed complete. Each of
the items contained in the letter and the engineering comment supplement of July 18, 2007, are
addressed below:
PLANNING ISSUES OF CONCERN
,,
1. Planned Development Ordinance-Section 21.45.060 (Table C):
a) Section C.3 -Permitted Intrusions into Setback/Building Separation. Building plans
for units 2 and 4 have been revised to remove media niches from building separation
areas. The plan 2 fireplace protrusion into building separation area has been
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5927 Balfour Court, Ste. 112 • Carlsbad, CA 92008
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reconfigured and does not exceed the maximum allowed 8 foot width. The plan 4
fireplace protrusion has been eliminated.
b) Section C.4 -Streets. . Street tree locations in parkways have been modified to
comply with spacing requirements.
c) Section C.5-Drive-aisles.
I. The plans provided in this re-submittal package have been reviewed with Monty
Kalin, of the City Fire Prevention Division. The plans have been modified to
provide variable width Fire Suppression Zones. In all instances the minimum
configuration consists of a 20' wide A-1 zone and a 30' wide A-2 zone. Site
design issues related to driveways and walls have been addressed on the plans.
A width of 24' was maintained to accommodate public utilities and address
access and turning issues identified in the engineering comment supplement
dated July 18, 2007.
II. Due to the fact that the design included excess visitor parking, spaces P-14 and
P-15 have been redesigned and P-16 has been eliminated.
d) Section C.8 -Screening of Parking Areas. An alternative parking design for visitor
parking spaces P-14, P-15, and P-16 is being proposed per c) II , above. The
landscape plans have been modified to conform to screening requirements of this
section.
e) Section C.10-Lighting. The proposed exterior unit lighting for the project is shown
in the specification sheets provided by the applicant as noted in the transmittal form.
Front lights will be photocell controlled 26 W fluorescent fixtures incorporating
frosted glass diffusers. Rear patio lights will be manually controlled units. The
locations of the lighting are shown on the front and rear elevations of the architectural
plans. All street lights will conform to the City's standard overhead lighting
requirements.
2. Planned Development Ordinance-Section 21.45.060 (Table E):
a) Section E.3-Maximum Coverage. The acreage of the development lot (7.48 Ac.) is
being used in the calculation of building coverage. The building area (60,900) that is
used does not include porches without living area above, or loggias that meet the
same definition. Second story overhangs in excess of 30" and balconies are included
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in building area. Recreation buildings have been removed from the plans and as such,
the associated square footage has been eliminated. The proposed coverage is 18.7%.
b) Section E.6 -Maximum Building Separation. Please see the response to No. 1(a)
above.
c) Section E.8-Private Recreational Space. The 400 square foot of private recreational
space that is required for each unit (minimum 15 foot dimension) is now shown on
the plans.
3. Architecture.
a) City Council Policy 44 does apply to Table E projects. Revised applicable tables per
the City Planned Development Ordinance are included with this re-submittal, please
see transmittal form.
b) Plan 1: The rear elevations of the Adobe Ranch and Andalusian styles were revised to
provide additional architectural shutter features that are consistent with the
architectural features included on the front elevations. The French doors were shown
intended to be optional items. The floor plans have and elevations have been revised
to reflect sliding doors.
c) Plan 2: Including a Juliet balcony on the rear elevation off of the master bedroom was
evaluated and found to undesirable for the Master Bedroom floor plan layout. In lieu
of a Juliet balcony, shutters were added to rear elevation at the Master Bedroom.
4. Hillside Development/Constraints Map. Black Rail Road has been labeled on the vicinity
map that is included on Sheet 1 of the tentative map. -
5. Geo-technical. A supplemental letter from the geo-technical consultants specifically
addressing Section 21.203.040(3)(a) of the Coastal Resource Protection Overlay Zone,
(addressing slope stability for a period of at least 75 years, or life of structure) is
included, please see transmittal form.
6. Landscape. Details of proposed retaining walls have been included in the landscape
plans. Decorative caps have been added to retaining walls that are facing the street or are
visible from the interior of the project or public right-of-way. An irrigation detail for the
plantable wall has been added to the landscape plans on sheet 2a.
7. Landscape. The type of vegetation that will be installed on the plantable wall has been
clearly identified to eliminate concerns over adjacency impacts. A planting schedule for
the proposed wall has been reviewed by the biologist to specifically address adjacency
standards and the species of plants that are proposed. A letter from the project biologist
is included in the re-submittal package, please see transmittal form.
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8. Fire Suppression/Brush Management Plan. The existing single-family dwelling does not
need to be included as part of the Fire Suppression/Brush Management Plan since it is an
existing occupied residence that will not be modified by the proposed project. This has
been confirmed by Monty Kalin of the Carlsbad Fire Prevention Division.
9. The project site consists of 20.27 gross acres. The plans have been revised to correctly
account for the right of way improvements to Black Rail Road.
10. Units 22 and 35 have been evaluated given the City's slope edge setback requirements.
The future homeowner's ability to have a patio cover off the rear elevation given the
slope edge building setbacks is feasible. The slope edge setback will accommodate patio
covers and shade structures within depths of 13' and 12', respectively. No modifications
are necessary.
11. The required mailing list must include the San Diego County Assessor's parcel number
from the latest equalized assessment rolls. The rolls will be equalized before the mailing
list could be used, thereby effectively rendering it invalid. The required list and labels
will be provided subsequent to the equalization date later this month.
12. Project photo-simulation exhibits will be completed and submitted to the Planning
Department upon receipt of confirmation that the project application is deemed complete.
Engineering:
The Engineering Department comment responses to the July 18, 2007, supplement are provided
below:
1. The drainage basin information (General Design Note 19, Sheet 1) has been revised to
include City of Carlsbad Master Drainage Plan I Basin "C".
2. Remedial estimated grading quantities and limits of over excavation as identified in the
revised Geo-technical Report have been added to the plans.
3. The revised Geo-technical Report provided with this re-submittal package shows the full
extent of over cut, offsite slopes, keys or buttresses anticipated to provide a stable pad
and building foundation.
4. The plans and details have been revised to reference City Standard GS-14 and GS-15 and
insure that units 21 thru 29, units 35 thru 37 and the Recreation Area are consistent with
City Standards. Slope setbacks, brow ditches and lot or boundary condition have been
shown on the plans.
5. The proposed Water Meter and Sewer Cleanout locations have been reviewed and
revised. The typical detail (P1R, 3R, 4R) have been revised to correct the meter and
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sewer cleanouts that are located within the proposed driveway. The notes: "Typical
Water Meter Locations ... " and "Typical Sewer Locations subject to change ... " have
been removed.
6. The RightofWay line has been added to the Typical Pedestrian Ramp Detail (Sheet 2).
7. The parking spaces (end and Drive "B") have been redesigned to a 24' length where the
proposed angled curb prohibits drive in and out access.
8. The parking stalls on Drive "C" have been redesigned to accommodate the proposed
overhangs ... The parallel parking on Drive "B" has been addressed in item 7, above.
9. The proposed 24 foot wide private drive and access plan (private drive "B" and "C) .has
been retained. Truck turn details have been provided to demonstrate turning movements
within this width.
10. Calculations to support the size and capacity of the offsite Nightshade facility
downstream to accommodate this project are included in the revised drainage study
included with this re-submittal package. Contact has been initiated with the A viara
Master Association to obtain necessary easements to allow connection to facilities in
Nightshade. Copies of the most recent contact letter and the July 16, 2009 A viara Master
Association· Agenda ar~ provided to document that negotiations on-going between the
private parties. Please see transmittal form. ·
11. A revised drainage report is provided with this re-submittal package to demonstrate the
ability of the down stream system to accommodate the proposed project. A basin has
been added to address concerns expressed in this comment.
12. The· Tentative Map Drainage Study has been revised to address concerns with
downstream capacities and the capability of the system to handle flows from the
propos~d development.
13. Specific design specifications for proposed water treatment unit (s) are included in the
revised drainage report provided with this re-submittal package.
14. A new street light is proposed along the project frontage at the intersection of Black Rail
Road and Private Drive C.
15. The power pole adjacent to Lot 2 and adjacent to Unit No. 37 does not need to remain.
The plan has been corrected to reflect that the existing pole is to be removed and the lines
placed underground.
Landscape:
The numbers listed below are consistent with those referenced on the red line check prints as
described in the Planning Department letter of June 23, 2007.
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c 0
1. "Large Shrubs" have been broken out from "Accent Trees" in the legend.
2. One tree species has been assigned for each symbol used on the plan.
3. The species used in the hydro-seed mix on the natural slopes have been reviewed using
the City of Carlsbad Restricted Lot or Parcel Fire Suppression Zone Planting
Requirements as provided by Monty Kalin of the Carlsbad Fire Prevention Division.
4. All slopes whi~h have been graded or disturbed_have been addressed on the revised
landscape plans. The slope between lots 32 and 33 as marked on the redline plan set does
not need to meet these requirements as it is less than 3' in height.
5. Planting has been shown to the edge of the disturbance/ grading line.
6. Plans have been revised as.necessary to address item number 6 on the redlines.
7. Trees have been removed from the plan in Fire Protection Zone A-1.
8. Fire Zone· A2, B2 and B3 are proposed to have permanent irrigation that provides for
head to head coverage.
9. Note A has been removed from the plans.
10. Trees and walls have been revised as shown on the re-submittal plan set. Historical
Kentia Palms from the long existing Muroya nursery will be utilized at the entry.
11. Item No. 11 has been addressed on the re-submittal plan set and an entry wall now
appears at the top of slope.
12. REDLINE CHECK PRINTS as provided are included in this re-submittal package, please
see transmittal form.
Fire:
1. Street A has been widened to 36' from curb to curb.
2. The plans have been revised to insure that no combustible wood fencing is provided
within 100 feet of native undisturbed areas. A new symbol has been· added to the
landscape plans on sheet 1 to clarify the use of non-combustible wood per the
requirements. This is reinforced in detail H on sheet 4 of the plan set.
3. Brush management zones have been designed in conjunction with Monty Kalin of the
City Fire Prevention Division to insure that Lots 21 thru 27 and 35 thru 37 comply with
existing City of Carlsbad regulations relating to building restrictions.
-6-
0 0
If you have any questions or need additional information, please contact me at your convenience,
at (760) 438-4090, extension 225, or by e-mail, at henthom@jhenthom.com.
cc: April Tornillo, Taylor Morrison
Marybeth Murray, Hunsaker & Associates
Rob Streza, GMP, Inc.
Roy Capitan, Roberty Ridley Architects
-7-
c 0
Taylor Morrison
June 26, 2009
To: Molly Dana, San Diego Gas and Electric
From: April Tornillo, P.E.
Subject: San Diego Gas and Electric Meeting Minutes June 26, 2009
Muroya Development
CC: Jack Henthorn, Jack Henthorn and Associates
Chuck Cater, Hunsaker and Associates
Anita Hayworth, Dudek
Tom Baine, Taylor Morrison of CA, LLC.
Dear Molly,
TAYLOR MORRISON
bF CALIFORNIA, LLC
Southern California Division
15Cushing
Irvine, CA 92618-4220
p. (949) 341-1200
f. (949} 341-1 400
taylormorrison.com
Thank you for meeting with us on Friday June 261h to discuss our development at the Muroya
growers in Carlsbad. To be sure that the issues are correctly addressed, I would like to outline
the meeting and items that were brought to our attention, including the new SDG&E policy as of
recent.
From our discussion, I understand that SDG&E has a firm stance against certain permanent
improvements in the easement related to SDG&E future facilities and maintenance liability. The
preliminary plans presented at our meeting on the development included proposed detention
basins within the SDG&E easement. I understand that the detention basins proposed are not
agreeable to SDG&E and Taylor Morrison will be making accommodations for them to remain
outside of the SDG&E easement. I correct 1
It is my understanding from our meeting that SDG&E policy has changed and conceptual
approval letters for developments in San Diego County are no longer written. Such a letter was
prepared in the past for the Muroya development. I understand from our discussion, that as of
recent, SDG&E has experienced difficulty with conceptual approvals and found plans on other
projects inconsistent when it came to final engineering. However, we would like to be able to
demonstrate to the City, that Taylor Morrison and SDG&E are communicating regarding the
proposed preliminary plans. jcorrect I
The development at the Muroya growers was given an original review by SDG&E in 2006 and
/2007, and the review considered the inclusion of streets and sidewalks acceptable. From our
meeting, I understand it to be allowable to have streets and sidewalks in the SDG&E easement,
n fa o date.
In this particular situation, since it was previously approved, SDG&E would work with the proposal as seen on
the preliminary plans in 2006/2007.
I
indicated where those mitigations areas are located and that they are not within the easement
area. jcorrect I
Included in our discussion was the removal of undocumented fill and restoring the slope to a
better condition within the SDG&E easement. This was illustrated on the preliminary plan
updates to the tentative map. I gathered from our conversation that the removal of
undocumented fill to repair the slope is considered acceptable by SDG&E.
Taylor taylor . correct, see guidelines for
Woodrow • • • • mornson u · · compaction. Communities~ ~~ Homes Inspired by You !a~ L...-___________ ___j
0
2 Muroya Development ~ Carlsbad
The proposed storm drain inlets and pipes within the easement, as previously approved for the
project, would be found acceptable in that they take storm water out of the easement area.
Upon completion of final engineering and after Tentative Map approval, I understand that
SDG&E will enerate consent a reements and Permission to Grade letters.
Correct, only since the storm drain inlets and pipes within the easement as shown on the plans were previously
approved.
nex mee mg. ease sen us a copy o e m orma 1on regar mg
weight requirements and truck weight requirements at the tower. Included with this, we
appreciate any other information that you can provide for us to help facilitate us finalizing our
tentative map updates. Please feel free to use the plans that were distributed in 'the meeting
and a condensed copy is included in this letter.
Please use the encroachment guidelines attached and sufficient H20 loading for the weight
requirements.
~k~ pril T 11!0, P.E
Desk:949~341-1289 Cell858 864 6206
april. tornill,o@us.taylotwoodrow. com
GEOCON
INCORPO R AT E D
ProJect '\o. 0767 l-2-0 l
Jul · I 0, 2009
Taylor Woodrow Homt:~ lncorporatt:d
15 Cushing
!nine, Californ ia 9261R
Attention: Ms. April Tornillo
Subject: MUROYA PROPER Y
CARLSBA D. CALIFO R\'lA
GEOTECHN<AL CONSULT<NTS 0
RE PO SE TO REVIE\v COM\1E 'T'
Rt:ferences: I. Pr •li" in<1ry Geotechnical lnl'estigation, J/umya Properw. Carlsbad, Calijom ia.
prepared by Geoc.on Tncorpornte , dated JanuaJ)' 25, 2007 (Project No. 07671-52-0 l ).
2. Memomndum -Completeness and lssu RevieH, MuroJ a ResiJ ntial . ubdivision,
Calrsbad. California prepared by The City of Carlsbad, dated June 23, 2007.
Dear Ms. Torni llo:
In accordance with your request, we have prepared this letter to address the re fe renced re\ iev.
comment prepared by The City of Carlsbad. Specifically, this letter is intended to address Planning
Js~u ' 5. The issue i~ li~ted below with the re~ponst: immediately following.
ltem 5:
Response:
Geotcclln ic d. Pleas pr01•ide a supplemen;al letter from the g<'ntechnical ousultants
specl}ically oddressing ection 21.20 .0-10(3)(a} of the oasral Rl'SOtii'C<! Protection
Overlay Zon , which discusses slope stability .for a period oj at lea~ I 7 5 y~.:ars, or the
/iff: of rite struullre.
The referenced geotechnical inve·tigation presents a lope tabi lity , nalysi:> of the
planned slopes with a calculated factor of afety of at lca:t 1.:, which is common
standard of practice. We ex pect the planned ·lope can maintain :J factor of safety of at
least 1.5 if th stte conditions remain the same for 75 )ears subs qu.:nt t our testing
and observation serv ices durin0 the planned grading operations. We can not guar.:~nlct:
that the slopes \\ill be stable for the requested time eriod. Water flO\\ ing over he top
of lope. infiltrat ion of \\ater from hea\'y rain, broken utility line~. e.\ccssi\e land ·cape
irrigation or fai led drainage de,·ices can reduce the calcu lated facto r of safety of the
slope!..
Should you have que ·tions regarding this letter, or if\\ c may be of further service, pleJ. ·e contact the
undersigned at your convenience.
Vei) truly ) OUI~.
GEOCO!\lt\CORPORATED If( , ~~~
Timotfiy P. \1alley
Staff .eologist
IPv!·S\'v :dmc
13) Addrt:,.,,ee
t e-mail) Hunsal-er & A~soc1atcs
,\ttention: \1r. Chuck Cater
J./
/Shawn Weedon
Gl::'. 2714
6960 Flanders Drive • San Diego, California 92121-297 4 • Telephone (858) 558-6900 • Fax (858) 558-6159
DUDEK
Ms. April Tornillo
0
CORPORATE OFF:CE
505 THiRD $TR.EH
Taylor Morrison Services, Inc.
15 Cushing
Irvine, CA 92618
Subject: Muroya Project Landscape Plan Review
Dear April:
0
5332-01
As biologist for the Muroya Project, I have reviewed the Landscape Plans (dated July 14, 2009)
as prepared by Gillespie Moody Patterson, Inc. The purpose of the review is to determine if non-
native invasive plants are proposed to be located within the areas adjacent to the open space. I
have reviewed the plant palettes for Hydrozone 3 planting, Hydroseed "A" and Hydroseed Mix
'B"and have compared them to the California Invasive Plant Council Invasive Plant Inventory
(2007) as well as our in-house list of native plants for San Diego County which is based on the
Jepson Manual. Based on that review, I can confirm that only indigenous, native species are
proposed to be planted adjacent to the sensitive open space habitat area onsite. There are no plant
species proposed to be planted adjacent to the open space that are considered invasive/noxious as
determined by the Invasive Plant Inventory.
If you have any questions regarding this letter, please contact me via telephone at (760) 479-
4239.
Sincerely,
Project Manager
cc: Rob Streza, Gillespie Moody Patterson Inc.
Jack Henthorn, Jack Henthorn & Associates
WWW.DUDEK.COM
, . o o FILE COPY
7/CJ'-I/o7
City of Carlsbad
IQfUhhlh.M•X§.tllll•l§hl
July 18, 2007
Bryan Bennett
Jack Henthorn & Associates, Inc.
5365 Avenida Encinas, Suite A
Carlsbad, CA, 92008
SUBJECT: GPA 06-09/ZC 06-08/LCPA 06-09/CT 06-27/CP 06-19/CDP 06-32/HDP 06-
10/HMPP 07-02-MUROYA SUBDIVISION
The following is a list of items which are considered to be supplemental to the previous letter of
incompleteness dated June 23, 2007. In that letter it was stated that the Engineering Department
comments would follow under separate cover. Please find those comments attached below.
If you should have any questions or wish to set up a meeting to discuss your application, please
contact Jason Goff at (760) 602-4643.
Sincerely,
~/L
DONNEU
Planning Director
c: Gary Barberio, Team Leader
Clyde Wickham, Project Engineer
File Copy
Data Entry
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us G)
''hp1'~~:19/ZC 06-08/LCPAQ-09/CT 06-27/CP 06-19/CDP 06-32~ 06-10/HMPP 07-02
(Muroya Subdivision)
July 18, 2007
Pa e 2
Issues of Concern
Engineering:
, The following issues need to be resolved prior to resubmittal:
1. The drainage basin information (General Design Note 19, Sheet I) should include City of
Carlsbad Master Drainage Plan I Basin "C".
2. Please add remedial estimated grading quantities and limits of over excavation as
identified in the geotechnical report dated 4/26/2006.
3. The Preliminary Geotechnical Report (dated 4/26/2006) identified several areas of Debris
Fill, Undocumented Fill, Colluvium, and generally undesirable geologic conditions
requiring remedial grading to support the proposed development. Please show the full
extent of over cut, offsite slopes, keys or buttresses anticipated to provide a stable pad
and building foundation.
4. Units 21 thru 29 and the Recreation Area should be consistent with City Standard GS-14
& GS-15. Provide slope setbacks, brow ditches and lot or boundary condition. Please
review Units 35 thru 37 for the same issue.
5. The proposed Water Meter and Sewer Cleanout locations must be reconsidered. Please
locate meters and cleanouts out of driveways and travel ways .. The typical detail (P1R,
3R, 4R) should be revised to correct the meter and sewer cleanout that are located within
the proposed driveway. The notes: "Typical Water Meter Locations ... " and "Typical
Sewer (meter?) Locations subject to change ... " are not acceptable. Please correct the
mistake and remove the note. We understand change is a possibility, but the plan should
be as close to an approved design.
6. Please show Right of Way for Typical Pedestrian Ramp Detail (Sheet 2).
7. Please discuss parking detail with Planning Department. The 20 foot end space is
permitted, provided there is drive in and out access. The proposed angled curb prohibits
this maneuver.
8. The parking on Drive "C" overhangs 5' sidewalk by 2.5 feet. Relocate sidewalk or
parking or provide a wider sidewalk to accommodate both. The parallel parking on Drive
"B" is also an issue per item 7 above.
9. The proposed street and access plan (private drive "B" and "C) is extremely congested
and difficult to maneuver. The minimum street width Street "B" and "C" should be 34'
within a 56' General Utility and access Easement, similar to Street "A". Our Hillside
Ordinance allows for a 32' wide street, single loaded which would work fine as a
compromise.
10. Please submit support or easement information to allow the offsite connection to
Nightshade road. Also provide calculations to support the size and capacity of the facility
• 1
I ~ Q ~
GPA 06-09/ZC 06-08/LCPA 06-09/CT 06-27/CP 06-19/CDP 06-32/HDP 06-10/HMPP 07-02
(Muroya Subdivision)
July 18, 2007
Pa e 3
downstream to accommodate this project. Submit copies of contact and negotiations with
adjacent property owner to validate acquisition.
11. Please follow proposed drainage downstream to determine capacity or mitigation to
accommodate the proposed project. Check-dams or downstream mitigation to address the
additional runoff and velocity should be shown. Perhaps a basin (Structural BMP) and
safe overflow structure could be provided on Lot 4. In reference, this is similar to the
DeJong Project (CT 98-05) that your company designed and processed a few years ago
with sensitive offsite drainage.
12. The Tentative Map Drainage Study Section 1.3 discusses the detention basin and
overflow. Please clarify the capacity of the existing storm system that you are using
downstream. Will the increase (or decrease) have an impact on either downstream
system? Please check more than just the pipe connected to, follow the design a little
further to be assured that capacity and watertight joints are necessary. The overflow
design seems to flow to the Headwall. Will there be capacity for both drainage basins at
this location?
13. Provide specific product or design specs for proposed water treatment unit(s). "Per
Manufacturer" is insufficient to support the proposed system or BMP.
14. There are no street lights proposed along the project frontage (Black Rail Road), please
take a look at this and revise if necessary.
15. Provide information to back up and explain why the power pole adjacent to Lot 2 and
adjacent to Unit No. 37 needs to remain. We would hope this project would underground
all power lines and poles along the complete project frontage.
Page 1 of 1
Jason Goff-Muroya Subdivision
From: Jason Goff
To: henthorn@jhenthorn.com;
Date: 07/06/2007 11:15 AM
Subject: Muroya Subdivision
Attachments: muroya2[1].pdf
Jack,
Please disregard the previous completeness letter dated June 23, 2007. The Muroya Subdivision as proposed in
the second review is still deemed incomplete. Attached is a copy of the revised incompleteness letter also dated
June 23, 2007. Sorry for any confusion.
Jason Goff
Associate Planner
City of Carlsbad
Planning Department
1635 Faraday Avenue
Carlsbad, CA 92008
760-602-4643
jgoff@ci.carlsbad.ca.us
file://C:\Documents and Settings\J goff\Local Settings\Temp\XPGrp Wise\468E2440GW-... 07/06/2007
·,, City of Carlsbad
I iJ 61 ,J II I ;t. I •A§ ·fill I; .t§ Ill
June 23, 2007
Bryan Bennett
Jack Henthorn & Associates
5365 A venida Encinas, Suite A
Carlsbad, CA 92008
SUBJECT: GPA 06-09/ZC 06-08/LCPA 06-09/CT 06-27/CP 06-19/CDP 06-32/HDP 06-
10/HMPP 07-02-MUROYA SUBDIVISION
Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Department
has reviewed your development applications, application nos. GPA 06-09, ZC 06-08, LCPA 06-
09, CT 06-27, CP 06-19, CDP 06-32, HDP 06-10, and HMPP 07-02, as to their completeness for
processing.
The items requested from you earlier to make your General Plan Amendment, Zone Change,
Local Coastal Program Amendment, Tentative Subdivision Map, Condominium Permit, Coastal
Development Permit, Hillside Development Permit and Habitat Management Plan Permit,
application nos. GPA 06-09, ZC 06-08, LCPA 06-09, CT 06-27, CP 06-19, CDP 06-32, HDP 06-
10, and HMPP 07-02 complete have been received and reviewed by the Planning Department.
The General Plan Amendment (GPA), Zone Change (ZC) and Local Coastal Program
Amendment (LCPA) applications are complete, as submitted. The remaining development
applications consisting of a Tentative Subdivision Map, Condominium Permit, Coastal
Development Permit, Hillside Development Permit and Habitat Management Plan Permit are
deemed to be incomplete. Since the legislative actions (GPA, ZC and LCPA) are being
processed concurrently with the quasi-judicial actions, the other development permit applications
must remain incomplete until the legislative actions are approved by the City Council.
Furthermore, as acknowledged by Taylor Woodrow Homes in their letter dated May 21, 2007,
the application will remain incomplete until such time as the California Coastal Commission has
adopted the City of Carlsbad's amended Planned Development Ordinance.
Staff will continue to concurrently process and take the development applications to the
decision-making bodies together and in an order by which the applications can be decided upon.
Although the initial processing of your application may have already begun, the technical
acceptance date is acknowledged by the date of this communication. The City may, in the course
of processing the application, request that you clarify, amplify, correct, or otherwise, supplement
the basic information required for the application. In addition, you should also be aware that
various design issues may exist. These issues must be addressed before this application can be
scheduled for a hearing. The Planning Department will begin processing your applications as of
the date of this communication.
At this time, the City asks that you provide five (5) complete sets of the revised development
plans so that the project can continue to be reviewed.
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us (!}
GPA 06-09/ZC 06-08/LC~ 06-09/CT 06-27/CP 06-19/CDP 06-~P 06-10/HMPP 07-02-
MUROYA SUBDIVISION
June 23, 2007
Pa e2
Please contact your staff planner, Jason Goff, at (760) 602-4643, if you have any questions or
wish to set up a meeting to discuss the application.
Sincerely, ~ ftW,O¥-
DONNEU
Planning Director
DN:JAGO:lt
c: Gary Barberio, Team Leader
Clyde Wickham, Project Engineer
File Copy
Data Entry
GPA 06-09/ZC 06-08/L& 06-09/CT 06-27/CP 06-19/CDP 06-~P 06-10/HMPP 07-02-
MUROYA SUBDIVISION
June 23, 2007
Pa e3
ISSUES OF CONCERN
Planning:
1. Planned Development Ordinance-Section 21.45.060 (Table C):
a) Section C.3 -Permitted Intrusions into Setback/Building Separation. Media niches
are not considered a permitted intrusion into the required yard or building separation
area, and fireplaces also cannot exceed an 8 foot width when protruding into the
building separation area. This project has a minimum requirement of 10 feet of
building separation. It appears that the Plan 2 and 4 violates this requirement in
several areas. Please revise all plans to be consistent.
b) Section C.4 -Streets. Street trees are required to be spaced no further apart than 30
feet on center when located within a parkway. There are several areas along Street
"A" where additional trees are necessary to fulfill the minimum spacing requirements.
Please revise.
c) Section C.5-Drive-aisles.
I. The Fire Department is requiring that all dwelling units be outfitted with
automatic fire sprinklers (see Fire Department comments below). As such, we
would suggest reducing the private drives down to the minimum 20 foot width
in order to reduce retaining walls and provide additional landscape and yard
areas to each of the units and the project as a whole.
II. Visitor Parking Spaces P-14, P-15 and P-16 need to be redesigned to provide
the minimum 24 foot vehicle back-up/maneuvering area.
d) Section C.8 -Screening of Parking Areas. Please explore an alternative parking
design for visitor parking spaces P-14, P-15, and P-16, to better conform to screening
requirements of this section.
e) Section C.1 0 -Lighting. Please include details of the proposed exterior lighting for
the project. Given the scale of the development and the surrounding sensitive habitat,
smaller scale decorative type lighting should be considered.
2. Planned Development Ordinance-Section 21.45.060 (Table E):
a) Section E.3-Maximum Coverage. Please show how you are calculating the
maximum lot coverage for the project. What is being used as the net developable
area? The net developable area for the purposes of lot coverage is not the same as the
net developable acreage for determining density of the entire 20.27 acre site. Also, it
doesn't appear that the building coverage calculations shown on Sheet 2 of the Civil
Plans is accounting for loggias, covered porches, second story overhangs, or the pool
GPA 06-09/ZC 06-08/LC~ 06-09/CT 06-27/CP 06-19/CDP 06-~P 06-10/HMPP 07-02-
MUROYA SUBDIVISION
June 23, 2007
Pa e4
area recreation facilities. Please revise the plans and the Table "E" Compliance Table
to show exactly how you are calculating total lot coverage.
b) Section E.6-Maximum Building Separation. Please see No. 1(a) above and revise
plans to comply.
c) Section E.8-Private Recreational Space. Please plot the 400 square foot of private
recreational space that is required for each unit (minimum 15 foot dimension).
Private recreational space shall be designed to be functional, usable, and easily
accessible from the dwelling unit it is intended to serve.
3. Architecture. Please revise as follows:
a) Please note that City Council Policy 44 does not apply to a Table E projects.
b) Plan 1: Please revise the rear elevations of both the Adobe Ranch and Andalusian to
provide additional architectural features that are more complimentary with the
architectural features included on the front elevations. Also, please revise the front
elevations to show French doors off of Bedroom No. 3 in order to match the proposed
floor plans.
c) Plan 2: Please consider including a Juliet balcony on the rear elevation off of the
master bedroom in accordance with each architectural style.
4. Hillside Development/Constraints Map. Please label Black Rail Road on the vicinity
map that is included on Sheet 1.
5. Geotechnical. Please provide a supplemental letter from the geotechnical consultants
specifically addressing Section 21.203.040(3)(a) of the Coastal Resource Protection
Overlay Zone, which discusses slope stability for a period of at least 75 years, or life of
structure.
6. Landscape. Include a detail of proposed retaining walls. Any retaining walls that are
facing the street or are visible from the interior of the project or public right-of-way
should include a decorative type cap. The plantable wall must also include an irrigation
detail.
7. Landscape. With the plantable wall being located adjacent to the natural habitat, staff is
concerned about adjacency impacts from the type of vegetation that will be installed on
the wall. Nothing is included on the landscape plans to identify what type of vegetation
will be planted on the wall. Please include a planting schedule for the proposed wall, and
have the biologist provide a supplemental letter that specifically addresses adjacency
standards as it relates to the plantable wall and the species of plants that are proposed.
..
GPA 06-09/ZC 06-08/LC~ 06-09/CT 06-27/CP 06-19/CDP 06-~P 06-10/HMPP 07-02-
MUROYA SUBDIVISION
June 23, 2007
Pa e 5
8. Fire Suppression/Brush Management Plan. The existing single-family dwelling needs to
be included as part of the Fire Suppression/Brush Management Plan. Please revise the
plans and the Biology Report to reflect this revision and any type of biological impacts.
9. The project site consists of 22.27 gross acres, where as the combined acreage of proposed
Lots 1-5 equates to 19.4 acres. Where's the difference? Please note the difference on
plans if it is coming out of the right of way improvements to Black Rail Road.
10. The plotting of Units 22 and 35 will seriously impact the future homeowner's ability to
have a patio cover off the rear elevation given the slope edge building setbacks. In order
to provide future homeowner's with the ability to have a patio cover, or other shade type
structure, we would strongly suggest that you redesign these two units such that future
opportunities could be available. One option would be to eliminate the center courtyard
altogether and make up the difference in the rear yard.
11. A State-mandated 6 week public review period is required for the Local Coastal Program
Amendment (LCPA). The notice has been prepared for LCPA 06-09. However, mailing
labels are necessary in order to send the notice out. Please submit the following
information as soon as possible for the notice and please sign the enclosed form:
a) 600' Owners List-a typewritten list of names and addresses of all property
owners within a 600 foot radius of the subject property, including the applicant
and/or owner. The list shall include the San Diego County Assessor's parcel
number from the latest equalized assessment rolls.
b) 100' Occupant List-(Coastal Development Permits Only) a typewritten list of
names and addresses of all occupants within a 100 foot radius of the subject
property, including the applicant and/or owner.
c) Mailing Labels-two (2) separate sets of mailing labels of the property owners
within a 600 foot radius of the subject property. For any address other than a
single-family residence, an apartment or suite number must be included. DO
NOT provide addressed envelopes -PROVIDE LABELS ONLY. Acceptable
fonts are: Arial11 pt, Arial Rounded MT Bold 9 pt, Courier 14 pt, Courier New
11 pt, and MS Line Draw 11 pt. Sample labels are as follows:
ACCEPTABLE
Mrs. Jane Smith
123 Magnolia Ave., Apt #3
Carlsbad, CA 92008
ACCEPT ABLE (with APN)
209-060-34-00
MRS JANE SMITH
APT3
123 MAGNOLIA AVE
CARLSBAD CA 92008
d) Radius Map-a map to scale, not less than 1" = 200', showing all lots entirely and
partially within 600 feet of the exterior boundaries of the subject property. Each
'• .,...... ~.
GPA 06-09/ZC 06-08/L~ 06-09/CT 06-27/CP 06-19/CDP 06-~P 06-10/HMPP 07-02-
MUROYA SUBDIVISION
June 23, 2007
Pa e6
of these lots should be consecutively numbered and correspond with the property
owner's list. The scale of the map may be reduced to a scale acceptable to the
Planning Director if the required scale is impractical.
e) Fee - a fee shall be paid for covering the cost of mailing notices. Such fee shall
equal the current postage rate times the total number of labels. Cash check
(payable to the City of Carlsbad) and credit cards are accepted.
12. Project photo-simulation exhibits must be completed and submitted to the Planning
Department upon a determination that the project application is complete. The photo
simulation exhibits should be scaled representations of the project, as viewed from
adjacent streets and adjacent developed single-family residential properties.
Engineering:
The Engineering Department comments will follow under separate cover.
Landscape:
The numbers listed below are referenced on the red line check prints where appropriate for ease
of locating the area of the comment concern.
1. Break out "Large Shrubs" from "Accent Trees" in the legend.
2. Select one tree species for each symbol used on the plan. The legend is too broad to
know whether appropriate tree species have been selected. The trees range from very
large to small trees.
3. The species used in the hydroseed mix on the natural slopes contain many species which
are considered to be high fuel, including Artemisia, Baccharis, Dodonaea, Eriogonum,
Muhlenbergia and Salvia. Since these slopes are within the Fire Protection Zones the
species are not appropriate in this area.
4. All slopes which have been graded or disturbed, including "natural slopes", must meet
the slope planting requirements. It does not appear that groundcover and shrub planting
requirements have been met on "natural slopes".
5. Show planting to the edge of the disturbance line.
6. Please refer to Item No.6 on the redlined check prints and explain what is happening this
area of disturbance. Please revise plans as necessary.
7. Fire Protection Zone A-1 should not have trees. The legend indicates this, but the plan
shows trees in this zone.
. . . . -.......... ,
GPA 06-09/ZC 06-08/L~ 06-09/CT 06-27/CP 06-19/CDP 06-~P 06-10/HMPP 07-02-
MUROYA SUBDIVISION
June 23, 2007
Pa e7
8. Fire· Zone A2, B2 and B3 must have permanent irrigation. The design must provide for
head to head coverage.
9. Note A is not appropriate. All areas of disturbance to existing soil must be restored to
their original condition.
10. These trees should be located on the street side of any back yard fence. 36" box trees are
problematic on slopes. Adjust walls to provide an appropriate location for specimen
entry trees.
11. Please refer to Item No. 11 on the redlined check prints and identify whether or not a
fence exists in this location? Please revise plans to clarify.
12. Please RETURN all REDLINE CHECK PRINTS with the next submittal.
Fire:
1. All dwelling units shall be provided with Automatic Fire Sprinklers. This item is a
requirement because of the narrow street section ( <36'), and Fire Department vehicular
access from the street places each proposed residence outside of our primary hose reach
of 150 feet. This measurement is taken from the centerline of the street and as a man and
hose would travel in a provided path of travel to the center of the furthest reaching wall
of the dwelling. If you refer to the City Engineering Standard for cul-de-sac streets you
will find that cul-de-sac streets are to be 36 feet curb-to-curb with 24 dwelling units or
less. This street is 34' curb-to-curb and is serving 34 units. If you were to use the livable
streets concept plan you would find that 20 dwelling units are permitted on 36-foot streets
and all dwelling units are sprinkled with fire resistive construction on all dwelling units.
2. Pursuant to Section IV .F Fire Protection Program Policies and Requirements of the City
of Carlsbad Landscape Manual Item F.3-6, absolutely no combustible wood fencing shall
be allowed within 100 feet of native undisturbed areas. Please revise plans to be
consistent.
3. This shall also require that Lots 21 thru 27, 29 and 35 thru 37 be restricted as not to
permit the construction or installation of combustible structures within 100 feet of
undisturbed natural vegetation, examples of which would be pool houses, cabanas, gym
sets and patio decks and covers/canopies.
IJrm
Taylor Woodrow
May 21,2007
City of Carlsbad
Planning Department
1635 Faraday Ave.
Carlsbad, CA 92008
Attention: Don Neu
0
Taylor Woodrow Homes, Inc
Southern California
15 Cushing
Irvine, CA 92618
Tel 949-341-1200
Fax 949-341-1400
Subject: GPA 06-09/ZC 06-08/LCPA 06-09/CT 06-27/CP 06-19/CDP 06-32/HDP 06-10/HMPP
07-02-Muroya Tentative Map and Condominium Plan Permit Consent Letter
Dear Mr. Neu,
In response to our meetings with the City of Carlsbad's planning department, Taylor Woodrow
Homes is pleased to submit a detached condominium development consistent with the
standards of the amended Planned Development ordinance, approved by City Council in
February 2007. The California Coastal Commission has not to date adopted the City of
Carlsbad's amended PO ordinance, and it was expressed by planning staff that the proposed
tentative tract map would be processed alongside the approval of the amended PO ordinance.
Taylor Woodrow understands that the enclosed tentative map will be processed at-risk and is
subject to PO ordinance changes. Also, we understand the possibility of a prolonged adoption
process. Taylor Woodrow looks forward to the adoption of the PO ordinance and establishing
the ground work for infill projects in the City of Carlsbad.
Sincerely,
Gil Miltenberger
Sr. VP/Regional Manager
I I
May 21,2007
Jason Goff
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
Ock Henthorn & AssociaO
5365 Avenida Encinas, Suite A
Carlsbad, California 92008
(760) 438-4090
Fax (760) 438-0981
Subject: Muroya Subdivision-Resubmittal Package for CT 06,27/CP 06,19/CDP 06,32/
HDP 06,10/HMPP 07,02/GPA 06,09/ZC 06,08
Dear Mr. Goff:
Enclosed is there-submittal package for the Muroya Subdivision residential project. The
project has been revised to reflect the incomplete items and issues of concern identified in the
City's letters dated January 12, 2007. Each of the items contained in the letter are addressed
below:
PLANNING: INCOMPLETE ITEM
1. Enclosed with the project resubmittal are the compatibility matrices that demonstrate
project compliance with Tables C (General Development Standards) & E
(Condominium Projects) of the newly adopted Planned Development Ordinance.
Please see Planning: Issues of Concern No. 1 below for further discussion.
2. The vicinity map on all of the plan sets have been updated to label Black Rail Road as
requested.
3. HMPP 07-02 has been added to the upper right hand corner of the enclosed plan sets.
4. Enclosed with the resubmittal package is a full sized colored recycled water use plan,
as requested.
5. Photographs of the subject property have been enclosed as requested.
6. Enclosed with the project resubmittal is the signed certification form for the posting of
the site along with photos of the early public noticing sign.
7. Policy No 37:
a. The site has been posted pursuant to the Early Public Noticing requirement. The
certification form along with photographs of the sign are enclosed.
b. Once the application is deemed complete a photo-simulation of the proposed
project will be prepared.
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8. An additional copy of the exhibit illustrating the requested General Plan
Amendment, Zone Change and modifications to the Local Coastal Program
designations with the acreages involved is enclosed with the resubmittal package.
9. The enclosed Hillside Development Permit/Constraints Map has been stamped and
signed by Hunsaker & Associates, the civil engineer of work for the project.
10. Two slope edge setback sections have been provided on Sheets 5 and 6 of the
enclosed tentative map for those lots applicable to the setback. Please refer to the
enclosed tentative map for details.
11. The recommended surveys of the Biological Resources Report have been completed
and will be forwarded under a separate cover.
12. The Biological Resources Report has been updated to include the Type "F" mitigation
fee for disturbed habitat. The updated report will be forwarded under a separate
cover with the surveys for the special status plant species.
13. The Biological Resources Report has been updated to include a discussion for the
project's compliance with the management and conservation goals for HMP species.
Please refer to the updated report for details.
14. The Biological Resources Report has been updated to include additional sections that
specifically address each of the five adjacency standards that are outlined in the HMP.
Please refer to the updated report for a detailed discussion.
15. The references within the biological report for the grading restrictions during the
rainy season have been removed as requested.
16. Enclosed with the project resubmittal please find the Phase I and Phase II reports for
the subject property, including an updated Soils report that addresses the testing and
analysis of soils. An analysis of the agricultural affects on the site was also conducted
and is found within the Phase II report.
PLANNING: ISSUES OF CONCERN
1. A number of the items listed in the City's comment letter addressed the
inconsistencies of the project with the current Planned Development Ordinance,
Section 21.45 of the Carlsbad Municipal Code. On March 13'h of this year the project
applicant along with representatives from this office met with Gary Barberio and
yourself at the City of Carlsbad to review these comments and for the continued
review of the. subject project under the modified Planned Development ordinance
recently adopted by the City Council. The applicant is aware and understands that
the new ordinance will not take effect until the California Coastal Commission
approves the amendment to the Local Coastal Program. They are also aware that the
continued review of the project under the new regulations will be solely at their risk
and the project application cannot be deemed complete until that approval from the
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Coastal Commission is granted. Enclosed with the resubmittal package is a letter
from Taylor Woodrow Homes that states the above.
a. Minimum lot sizes are not applicable with the new Planned Development
Ordinance for condominium projects.
b. The project complies with the maximum allowed building coverage of 60% for
condominium projects per the new Planned Development Ordinance. The
proposed project's building coverage has been calculated at 12% and is noted
on the cover sheet of the enclosed tentative map.
c. Minimum lot widths are not applicable with the new Planned Development
Ordinance for condominium projects.
d. The project has been revised to reduce the number and size of the proposed
retaining walls to the greatest extent possible. Please refer to the enclosed
tentative map for the exact locations and heights of the proposed retaining
walls.
e. All applicable setbacks were evaluated under the new Planned Development
Ordinance for condominium projects. As proposed the subject project meets
or exceeds all of the applicable setbacks for the subject project.
f. Side yard setbacks pursuant to TableD are not applicable with the new
Planned Development Ordinance for condominium projects.
g. Rear yard setbacks pursuant to Table D are not applicable with the new
Planned Development Ordinance for condominium projects.
h. The 18'x18' private rear yard area is not applicable with the new Planned
Development Ordinance for condominium projects. Sheet 3 of the enclosed
tentative map includes an exhibit that illustrates compliance with the
requirements for private recreational space per the new ordinance.
i. The Garage Standards are not applicable with the new Planned Development
Ordinance for condominium projects.
j. Additional areas of enhanced pavement have been provided as required by the
Planned Development Ordinance for private driveways and motorcourts.
Please refer to the enclosed plan sets for details.
k. Private Drive "B" has been reduced in width to 24 feet as suggested to reduce
the height and number of the proposed retaining walls.
1. Additional landscaping has been provided around the visitor parking spaces
located at the southern portion of the project adjacent to Black Rail Road.
The proposed landscaping adequately screens the parking spaces from the
public view as required by code. A detailed section has been provided on the
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conceptual landscape plans to illustrate the proposed landscape screening for
this area.
m. The enclosed site plan for the subject project includes designations for the
elevation styles. Please refer to the enclosed site plan within the tentative
map plan set for details.
n. See item "m" above. No identical plan types with the same elevation style
occur adjacent to one another. Please refer to the enclosed site plan within
the tentative map plan set for details.
o. The proposed single-story units have been revised to reduce and break up the
footprint of the unit as much as possible. Unfortunately in order to create a
single-story unit that compares in size with the square footages of the other
plan types the footprint of the unit must be larger than those of the two-story
plan types. The alternative to utilize a reduced second story unit pursuant to
Guideline No. 6 of Policy 44 does not entirely eliminate the requirement for a
single-story unit it only reduces the number required. The net result is an
increase to the number of plan types with a larger building footprint.
Therefore due to the constrained nature of the site the original proposal of six
single-story units with a slightly modified footprint is still being proposed as a
part of the subject application.
p. The calculations for the single story edge illustrating compliance with
Guideline No.9 are shown on the enclosed architectural plan sets.
q. The Policy 44 Compliance Table has been revised to correctly state Guideline
No. 10. Enclosed please find the updated compliance table.
r. Pursuant to the meeting with City staff, it was discussed that the average side
yard setback requirement does not directly correlate with the proposed
condominium product type. Though the project does meet the average side
yard setback as stated in the City's comment, the intent to provide cutouts
and offsets was lacking for the Plan 1. It will be at the City's discretion
whether or not a deviation of the standards is the appropriate vehicle for
showing compliance with this guideline.
s. As discussed during the meeting with City staff, with the addition of walkways
from the front entries to the proposed sidewalks along Private Street "A" and
the relocation of the front entries for the plan types 4 along the northerly
boundary, the intent of Guideline No. 16 is met.
t. As discussed during the meeting with City staff the project does include a
combination front, side loaded and recessed garage configurations that meet
the intent of Principal No. 2 of City Council Policy No. 66.
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2. As stated above, the project has been revised to reduce the number and size of the
proposed retaining walls to the greatest extinct possible. Please refer to the enclosed
tentative map for the exact locations and heights of the proposed retaining walls.
The pad height proposed for the area encompassing Units 35,37 is constrained by the
driveway elevations for Private Drive "C" and the elevations of the existing sewer
main within Black Rail Road. As a result of these constraints the pad height for this
area is proposed at the lowest elevation to meet the City engineering standards.
3. The project is proposing the development of natural slopes with a gradient of 40% or
greater as shown on the enclosed slope analysis on Sheet 4 of the Hillside
Development Permit/Constraints Map plan set. However, those areas proposed for
development do not meet the criteria of undevelopable as defined by Section
21.95.120(B)(1), specifically these areas individually are not greater than ten
thousand (10,000) square feet and do not comprise a prominent land form feature.
The existing slopes that meet the criteria have been preserved as shown on the slope
analysis exhibit. Please refer to Sheet 4 of the Constraints Map for further details.
4. The note for the impacts to dual criteria slopes has been updated to separate the
impacts due to grading and those due to fire suppression.
5. Section 21.95.120(F)(1) of the Carlsbad Municipal Code is not applicable to the
proposed 2:1 slope located in the northwestern comer of the property. The proposed
slope is not greater than twenty feet in height and not more than two hundred feet in
length. Therefore contour grading for the proposed slopes is not required per the
cited section of the municipal code.
6. An additional slope profile has been included on Sheet 2 of the Hillside Development
Permit/Constraints Map that crosses Units 6, 10, 14 and 18 from Black Rail Road to
Nightshade Road as requested.
7. The use of double retaining walls within the project has been eliminated as requested.
As mentioned above, the overall heights of the proposed retaining walls were reduced
to the maximum extent feasible. However, the proposed retaining wall behind Units
35-37 was not able to be reduced due to the constraints of the existing utilities and
the nature of the steep slopes within the preserved open space adjacent to the
proposed development. The applicant is therefore proposing a plantable retaining
wall that will exceed the maximum six (6) feet permitted by the municipal code for a
limited distance but will be planted to blend in with the surrounding slope
landscaping. The maximum height of the proposed wall is nine and a half (9.5) feet
at its peak in the middle of the wall and reduces quickly as it stretches out along the
proposed toe of the slope. Please refer to the enclosed tentative map for details.
8. The retaining walls previously proposed along Private Street "A" have been reduced
in height or eliminated within the front yard setback. Please refer to the enclosed
tentative map for details.
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9. The 'Property Line -Side Yard Plantable Area Detail' on Sheet 2 of the tentative
map has been revised to show a minimum of three (3) feet between the retaining walls
as requested.
10. Additional elevations for the retaining walls near Unit 15 have been included as
requested. The retaining wall previously proposed adjacent to Unit 9 was eliminated
with the current resubmittal.
11. Comment noted. The number of inclusionary housing credits proposed for purchase
for the project will be seven (7).
12. The fire suppression zones have been shown on the enclosed plan sets as requested.
The only rear yard affected by the fire suppression zones is behind Unit 23. It is only a
small portion of the rear yard for Unit 23 that will include a portion of the Zone 1 Fire
Suppression Zone. This area will be disclosed to the future homebuyer as well as
documented within the project CC&R's for enforcement.
13. The enclosed conceptual landscape plans and tentative map have been revised to
illustrate the proposed project entry at the intersection of Private Street "A" and
Black Rail Road. A detail and associated section of the proposed entry are shown on
Sheet 2a of the enclosed conceptual landscape plan set.
14. An additional copy of the exhibit illustrating the requested General Plan
Amendment, Zone Change and modifications to the Local Coastal Program
designations with the acreages involved is enclosed with the resubmittal package.
15. Under the provisions of the new Planned Development Ordinance the requirement
for RV storage is no longer applicable to projects less than one hundred (100)
dwelling units. Therefore the previously proposed RV storage area has been removed
from the enclosed plan sets.
16. Please see No. 15 above.
ENGINEERING: ISSUES OF CONCERN
1. The project application numbers have been included within the upper right hand
comer of the enclosed plan sets as requested.
2. Note No. 19 has been added to the cover sheet of the enclosed tentative map under
the 'General Design Notes' that includes the requested CFS and drainage basin
information. The project ADT is located within Note No. 11 under 'General Notes'
and the water and sewer generation information is located within Notes No. 15 & 18
under 'General Design Notes'. Please refer to Sheet 1 of the enclosed tentative map
for details.
3. Enclosed with the resubmittal package is an 'Earthwork Balance Sheet' prepared by
Hunsaker & Associates for the subject project. Included within the work sheet are
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the corrective grading estimates based on the information ascertained from the soils
report for the project.
4. The areas of debris fill, undocumented fill and colluvium are still being evaluated by
Geocon, Inc and Hunsaker & Associates as to extent of the effect on the proposed
grading. When the soils and civil engineers have completed their evaluations of the
existing conditions and prepare alternative solutions to rectify the conditions, it will
be necessary to meet with the project engineer and planner to determine the best
solution for the project.
5. Hunsaker & Associates did evaluate the proposed condition along the northern
property for consistency with City Standard QS,14 and QS,15.
6. Pursuant to the new regulations contained with the Planned Development
Ordinance, recently adopted by the City Council, exclusive use areas are no longer
required for condominium projects. Therefore conflicts with access, utilities, etc and
the exclusive use boundaries is no longer an issue. Typical details have been provided
on Sheet 2 of the enclosed tentative map that illustrates the anticipated locations of
future water and sewer laterals. These typical locations are preliminary and are
subject to be modified during the final engineering process.
7. Per the request of the Planning Department, the widths of Private Drives "B" and "C"
were reduced to twenty,four (24) feet in order to reduce the height and number of the
proposed retaining walls. The widths proposed are consistent with the minimum
dimensions for private drives with the Planned Development ordinance. All proposed
parking along either of the private drives is located within parking bays outside of the
minimum drive aisle width. Please refer to the enclosed tentative map for details.
8. Pursuant to Section 21.44.050 of the Carlsbad Municipal Code the minimum drive
aisle for ninety,degree parking is twenty,four (24) feet. The proposed drive aisle for
Private Drive "C" is twenty,four (24) feet providing adequate ingress and egress for
the proposed parking spaces.
9. T ypicallocations for the water and sewer service of each proposed unit have been
illustrated on Sheet 2 of the enclosed tentative map. These typical locations are
preliminary and are subject to be modified during the final engineering process. A
joint utility trench for the dry utilities has also been included the proposed private
street/drive sections on Sheet 2 of the tentative map.
10. The applicant is currently in discussions with the adjacent property owner for the
permission to connect the water, sewer and storm drain to the existing facilities within
Nightshade Road. Once the project design has been found to be acceptable by both
the Planning and Engineering Departments formal documentation will be prepared
and submitted to the City. A condition of approval for offsite improvements is also
acceptable to the applicant. The calculations for the size and capacity of the existing
downstream facility are included within the enclosed drainage study for the project.
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11. A full downstream analysis of the existing storm drain infrastructure located within
the adjacent Nightshade Road is provided within the Appendix of the "TM Drainage
Study for Muroya" by Hunsaker & Associates, dated May 2007. This analysis
illustrates the existing systems ability to safely convey peak flows generated via the
residential tributary areas.
It should also be noted that developed peak flows generated via the Muroya
development tributary to the aforementioned existing storm drain system are
mitigated via a proposed detention basin within the Muroya development. Developed
flows are reduced to flows experienced in current pre-developed conditions, hence the
Muroya development has no hydraulic impact on the existing storm drain.
A basin is not required at lot 4 as peak flows draining from this portion of the
developed have been reduced by approximately 4. 7 cfs from those experienced in
current pre-developed conditions. As flows have been reduced, check damns will not
be implemented within the site (as the portion of the site the plan checker is referring
to will not be developed and is located within environmental sensitive portions of the
site).
12. The requested SWPP notes and structural BMP information has been included on
Sheet 3 of the enclosed tentative map. Please refer to the enclosed tentative map for
details.
13. A note has been added to the parking detail located on Sheet 2 of the enclosed
tentative map that identifies the typical structural section per the Carlsbad
Engineering Standards.
14. The location of the existing street lights has been evaluated and documented by
Hunsaker & Associates. Enclosed please find the photo documentation for the
existing improvements along Black Rail Road.
LANDSCAPE: ISSUES OF CONCERN
The following responses are from Chris Gustard of GMP, Inc., the landscape architect of record:
1. We are confident that the level of detail on our resubmitted concept plans will
facilitate you to make a full and complete review on the 2nd submittal and offer our
team additional staff comments where necessary and within the requirements set forth
in the Carlsbad Landscape Manual.
2. Our plant legend was revised to meet this request. Our hatching is consistent
throughout the plan sheets and ties back to the plant legend located on sheet 1 a.
3. The hydroseed mixes were modified and detailed out within the plant legend and
concept plan. The coastal sage scrub mix location was changed to be solely on the
perimeter slopes. Our streetscape design theme is more of a refined and transitional
plant palette utilizing many drought tolerant grasses and shrubs along with the use of
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some succulents and rushes. Groundcover species, not hydroseed, will primarily be
used in the streetscape and common areas throughout the site.
4. The plant legend was completely revised. See response #3.
5. All easements and ROW lines, property lines and lot lines are shown where
appropriate on the concept plan and also on new enlargements.
6. There are no planned bio-swales at this time, however we did add in a number of
locations of decorative cobble in the passive park area and overlook park. These areas
will be able to take some level of nuisance water drainage.
7. Per the phone discussion between Chris Gustard and the City's landscape consultant,
it determined to be acceptable if we noted on the plans that the quantity of shrubs did
not have to be shown, however 50% of the shrubs are to be a minimum size of 5
gallons and with the remaining 50% to be a minimum size of 1 gallon. We have noted
this in many areas of the revised plans including the plant legend Sheet 1 and Sheet
1 a of the enclosed conceptual landscape plan.
8. A separate recycled water use plan was prepared and included with the resubmittal
package for the Water Departments' review.
9. The maintenance responsibility plan has been revised and clearly delineates areas of
responsibility. The plan is labeled with locations of concrete maintenance strips or
maintenance separators such as walls, sidewalks etc. Generally, the front yards will be
installed by the builder and then will be maintained by the individual homeowners.
10. On the revised plans we are showing full landscaping in all front yards through the
typical front yard landscape concept plan. Please see Sheet 8 of the enclosed
conceptual landscape plans for details. The developer is to install all landscape and
irrigation per the typical front yard concept plan for each unit throughout the
subdivision. The main concept plan shows only street trees, front yard trees and
accent trees for clarity reasons and do coordinate back to the project plant legend on
Sheet 1a.
11. We have noted on Sheet 1 of the enclosed plans within the top left corner of the
sheet that the proposed trees are to alternate Cupaniopsis anacardiodes and Tristania
conferta along Blackrail Road.
12. The plans have been revised to remove any grading outside the property boundary in
the northwestern corner of the site therefore we did not feel it necessary to go to the
effort of locating the trees if they were to remain. Please see revised civil plans for
updated grading.
13. Groundcover as well as shrub planting have been shown here.
14. The landscape plans have been revised to show screen shrubs in this area to buffer
parking from Blackrail Road. Additionally, we have shown a section of the parking
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relationship to Blackrail Road. Please see Sheet 4 of the enclosed conceptual
landscape plan.
15. The fire protection plan has been revised to show more detailed hatching boundaries
that tie back to the legend and requirements. The concept plan sheet 1 has been
shown screened back on the Fire Protection Plan.
16. Columnar shrubs are used in the common areas for screening. Please see revised
legend sheet 1 a.
17. Enlargements have been provided at each of the key activity or focal areas of the site
including the main entry drive, pool and passive recreation area, new tot lot area, and
overlook park area.
18. The entire passive park area is located under the existing SDG&E transmission line
easement. Our plans are subject to compliance with their Guide for Encroachment
species list. We have located some trees where you requested but they will not be the
size you had in mind. The underlined species listed in plant legend are approved by
SDG&E for use in their easements. A copy of the e-mail from Michael Williams at
SDG&E is included with portions of the guide and approved species. His phone
number, if you need to reach him with any questions, is 858-654-1201.
19. We could not add trees to this location due to the fact that they would fall within the
Cal Trans 330' site distance easement. If it is acceptable to the City to locate trees
within this easement, we will gladly revise the plan to show them as requested.
20. The Fire Protection Plan has been revised to correctly delineate and hatch the fire
suppression zones. Please see Sheets 3 & 5 of the enclosed landscape plans.
21. Red-line plans are being returned to you as part of the re-submittal package as well as
the e-mail from Sempra Energy.
FIRE: ISSUES OF CONCERN
1. Pursuant to our review of the applicable Building and Fire Codes, the project meets or
exceeds all of the minimum requirements for access, fire suppression and no building
is larger than ten thousand (10,000) square feet. Based upon our review we have not
included automatic fire sprinklers as part of the proposed project. We are willing to
discuss your interpretation of the codes for the requirement of fire sprinklers,
however, the applicant strongly feels that the system is not required.
2. All streets will be recorded as fire lanes and subject to the restrictions and
enforcements afforded to this designation.
3. Parking located along Private Drives "B" and "C" is only proposed within parking bays
outside of the twenty-four (24) foot drive aisle. The remainder of the private drives,
along with the bulb at the end of Private Street "A" will be designated as a no parking
zone.
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If you have any questions or need any additional information, please feel free to contact
myself at (760) 438-4090 ext 104 or e-mail me at bennett((J;jhenthorn.com.
Sincerely,
Senior Planner
encl. Resubmittal Package-Muroya Subdivision, CT 06-2 7 /CP 06-19
cc: April Tornillo, Taylor Woodrow Homes, Inc
Marybeth Murray, Hunsaker & Associates
Christopher Gustard, GMP, Inc
Roy Capitan, Robert Hidey Architects
file
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)HA!BDB/Muroya Rc>uh
0 0
CALIFORNIA INDIAN LEGAL SERVICES
Escondido Office
609 South Escondido Boulevard, Escondido, CA 92025 +Phone 760/746-8941 +Fax 760/746-1815
www.calindian.org + contactCILS@calindian.org
BISHOP
EUREKA
ESCONDIDO
April 11, 2007
WA FACSIMILE (760-602-8559)AND U.S. MAIL
Mr. Jason Goff
City of Carlsbad
Planning Department
1635 Faraday Avenue
Carlsbad, CA 92008
Re: Muroya Subdivision
Dear Mr. Goff:
OAKLAND
SANTA ROSA
WASHINGTON, D.C.
My office represents the San Luis Rey Band of Mission Indians. This letter is in response
to your request of January 22, 2007 for consultation with the Band pursuant to SB 18. The San
Luis Rey Band does wish to enter into formal consultation with the City of Carlsbad regarding
the above project and Specific Plan. The Tribe has already received a copy of the cultural
resources assessment.
In addition, based on the information contained in the cultural resources assessment by
Michael Brandman Associates, the project area is considered to be "moderately to highly
sensitive with regard to cultural resources." See page 31 of the Phase 1 Cultural Resources
Assessment. In addition, the Assessment recommends that Native American monitoring take
place during any ground disturbing activities. See page 32.
Based on the likelihood that cultural resources may be found and disturbed during the
grading process, the San Luis Rey Band specifically requests that a formal Pre-Excavation
Agreement be a mandatory requirement for the grading permit in this project. The Agreement
will formalize the treatment of human remains and cultural items, as well as describe the
monitoring services provided by the Tribe for the project, including compensation for the
monitors at the developer's expense.
Letter to Mr. Jason Goff
Re: Muroya Subdivision
April 12, 2007
Page 2
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If you have any questions, please feel free to contact me at (760) 746-8941. To schedule
the SB 18 consultation, I suggest that you contact Carmen Mojado, Secretary of Government
Relations for the Band. She can be reached at (760) 724-8505. I look forward to working with
you and the City of Carlsbad on this project.
Sincerely,
CALIFORNIA INDIAN LEGAL SERVICES
~~
Staff Attorney
cc: Carmen Mojado (via facsimile)
California Indian Legal Services
609 S. Escondido Blvd.
• Escondido, CA 92025
Mr. Jason Goff
City of Carlsbad
Planning Department
1635 Faraday Avenue
Carlsbad, CA 92008
Tribal Council
Russell Romo
Captain
Carmen Mojado
Secretary of Gaoernment
Relations
Charlotte Herrera
Secretary of the Treasury
Tom Beltran
Secretary of Economic
Development
AI Cerda
Secretary of Tribal Ethics
and Infonnation
OaraGuy
Tribal Elder
Henry Contreras
Council Member
Mel Vernon
Council Member
Mary Lou Beltran
Council Member
Carrie Lopez
Tribal Advisor
Merri Lopez, Esq.
Tribe Legal Adviser
Contact information
1889 Sunset Drive
Vista, CA 92081
Tel: (760) 724-8505
Fax: (760) 724-2172
Revised: 01105
RE:
The
SAN LUIS REY BAND OF MISSION INDIANS
1889 Sunset Drive Vista, Ca 92081
Site
Tel: (760) 724-8505 Fax: (760) 724-2172
. c./. does
onsultati>on'·' · h ·bhe ~
regarding the above referenced pr Ject and
Specific Plan. Please send us a copy of your cultural resources . report.
The -----------------------------------------------------------------;;:-('toes not wish to enter into a formal consultat1.on w1.th~e --
regarding the above referenced p~aject and Specific Plan. We
understand that this does not limit our ability to comment or
claim any arifacts or cultural articles if they are found during
excavation or any ground disturbance. The San Luis Rey Band is
to a monitor to the project.
a~~~~
J/J
I
February 21 , 2007
Jason Goff, Associate Planner
City of Carlsbad
1635 Faraday Ave.
Carlsbad, CA 92008
Re: Senate Bill 18 Consultation Re: Muroya Subdivision
Dear Mr. Goff:
This letter is in response to your request for Native American consultation on the above-
referenced project. We respond to these requests on behalf of Robert Smith, Chairman of
the Pal a Band of Mission Indians.
Because this project takes place outside the traditional areas of residence of the people of
Pala, we have a low level of concern regarding possible areas of cultural sensitivity.
However, this should not be construed as indicating that no cultural resources or
traditional cultural properties are present in this location. Areas of significance may be
identified by other concerned bands, or revealed in the course of project construction.
The Pal a Band of Mission Indians stands behind any assertions made by other bands that
there are significant resources within the project area, should such assertions be made.
Furthermore, we feel that any project of this size would benefit from the presence of
Native American monitors during any ground-disturbing activities.
We appreciate being made aware of this project and having the opportunity to comment.
Shasta C. Gaughen, MA, ABD
Acting Director
35008 Pala Temecula Road
PMB 445
Pala, CA 92059
760-742-1590 [phone]
760-742-4543 [fax]
January 31, 2007
0
City
Kwaaymil Laguna Band of Mission Indians
Carmen Lucas
PO Box 775
Pine Valley, CA 91962
0 F ll [,;COPY
of Carlsbad
lifafllllllli•i•X§.fllll·'4111
SUBJECT: SENATE BILL 18 CONSULTATION RE: MUROYA SUBDIVISION -GPA 06-
09/ZC 06-08/LCPA 06-09/CT 06-27/CP 06-19/CDP 06-32/HDP 06-10/HMPP 07-02
Dear Lucas:
In accordance with the prov1s1ons of Senate Bill 18, the purpose of this letter is to initiate
consultation with the Native American tribes, as identified by the Native American Heritage
Commission, regarding the proposed Muroya Subdivision project located in the City of Carlsbad,
California.
Project Description:
The proposed Muroya Subdivision is located on a 20.27 -acre site in the southwest quadrant of the
City of Carlsbad, west of Black Rail Road, north of Aviara Parkway and south of Corte Orchidia. A
General Plan Amendment, Zone Change, Local Coastal Program Amendment, Tentative
Subdivision Map, Condominium Permit, Coastal Development Permit, Hillside Development
Permit and Habitat Management Plan Permit are being requested for a proposed residential
subdivision consisting of 37 detached condominium units clustered in the northern and eastern
portions of the 20.27-acre site. The project site is currently operating as a palm tree nursery with
associated greenhouses and equipment sheds, and the property owner's personal residence. The
majority of the site is encumbered by steep slopes and natural habitat. The proposed project
intends to subdivide the subject site into 5 lots, with one lot preserving the current property owners
existing residence, and the remaining lots for residential development and open space. The
current General Plan Land Use designation for the entire site is RLM (Residential Low-Medium
Density, 0-4 dwelling units per acre) with a Zoning classification of L-C (Limited Control). The
General Plan Amendment will change the two (2) proposed open space lots from RLM to OS
(Open Space) and the proposed residential lots from RLM to RM (Residential Medium Density, 4-
8 dwelling units per acre). Zoning will also be amended to correspond with the associated
General Plan Land Use Amendments. The zoning for the open space lots will change from L-C to
OS (Open Space) and the zoning for the residential lots will change from L-C to RO-M (Residential
Density-Medium).
Cultural Resources Assessment:
A Phase I Cultural Resources Assessment has been conducted by Michael Brandman Associates
for the proposed project (January 4, 2007). The results of their survey indicate a single prehistoric
isolated find, a previously known prehistoric site and no historical cultural resources. MBA
recommends that cultural resource monitoring take place during all ground-disturbing activities
1635 Faraday Avenue • Carlsbad, CA 92008-7314.,. (760) 602-4600" FAX (760) 602-8559 • www.ci.carlsbad.ca.us @
\ 1 .·SENATE BILL 18 CONSCrATION RE: MUROYA SUBDIVISIO~PA 06-09/ZC 06-08/LCPA
06-09/CT 06-27/CP 06-19/CDP 06-32/HDP 06-10/HMPP 07-02
JANUARY 31, 2007
PAGE2
associated with the proposed development, and that a monitoring program be developed prior to
any grading within the project area. A copy of the cultural resources study has been sent to Mr.
Mark Mojado, San Luis Rey Band of Mission Indians.
Notice of Completion:
The City of Carlsbad is currently in the process of reviewing the proposed Muroya Subdivision
project. When the environment review for the project is complete, the City will issue a Notice of
Completion in accordance with CEQA Guidelines.
Requested Deadline:
Pursuant to Government Code §65352.3(a)(2), please respond within 90 days of receipt of this
notice in the event your tribe wishes to consult with the City regarding this matter. Please contact:
Jason Goff
Associate Planner
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
If you have any questions regarding this letter please contact me at (760) 602-4643.
Sincerely, ~~ J:h/J .. 1/__l (/" f(
JASON GOFF
Associate Planner
Attachments: Location Map
Proposed General Plan and Zone Change Exhibit
January 31, 2007
0
City
San Pasqua! Band of Mission Indians
Allen E. Lawson, Chairperson
PO Box 365
Valley Center, CA 92082
8.• I . Df.
0 FILE COPY
of Carlsbad
IQfUUUI;t~I•X§.Liiii•«§;tl
SUBJECT: SENATE BILL 18 CONSULTATION RE: MUROYA SUBDIVISION -GPA 06-
09/ZC 06-08/LCPA 06-09/CT 06-27/CP 06-19/CDP 06-32/HDP 06-10/HMPP 07-02
Dear Mr. Lawson:
In accordance with the prov1s1ons of Senate Bill 18, the purpose of this letter is to initiate
consultation with the Native American tribes, as identified by the Native American Heritage
Commission, regarding the proposed Muroya Subdivision project located in the City of Carlsbad,
California.
Project Description:
The proposed Muroya Subdivision is located on a 20.27 -acre site in the southwest quadrant of the
City of Carlsbad, west of Black Rail Road, north of Aviara Parkway and south of Corte Orchidia. A
General Plan Amendment, Zone Change, Local Coastal Program Amendment, Tentative
Subdivision Map, Condominium Permit, Coastal Development Permit, Hillside Development
Permit and Habitat Management Plan Permit are being requested for a proposed residential
subdivision consisting of 37 detached condominium units clustered in the northern and eastern
portions of the 20.27-acre site. The project site is currently operating as a palm tree nursery with
associated greenhouses and equipment sheds, and the property owner's personal residence. The
majority of the site is encumbered by steep slopes and natural habitat. The proposed project
intends to subdivide the subject site into 5 lots, with one lot preserving the current property owners
existing residence, and the remaining lots for residential development and open space. The
current General Plan Land Use designation for the entire site is RLM (Residential Low-Medium
Density, 0-4 dwelling units per acre) with a Zoning classification of L-C (Limited Control). The
General Plan Amendment will change the two (2) proposed open space lots from RLM to OS
(Open Space) and the proposed residential lots from RLM to RM (Residential Medium Density, 4-
8 dwelling units per acre). Zoning will also be amended to correspond with the associated
General Plan Land Use Amendments. The zoning for the open space lots will change from L-C to
OS (Open Space) and the zoning for the residential lots will change from L-C to RO-M (Residential
Density-Medium).
Cultural Resources Assessment:
A Phase I Cultural Resources Assessment has been conducted by Michael Brandman Associates
for the proposed project (January 4, 2007). The results of their survey indicate a single prehistoric
isolated find, a previously known prehistoric site and no historical cultural resources. MBA
recommends that cultural resource monitoring take place during all ground-disturbing activities
1635 Faraday Avenue • Carlsbad, CA 92008-7314 .. (760) 602-4600"' FAX (760) 602-8559 .. www.ci.carlsbad.ca.us @
-. .. T~·i·~
SENATE ~IL;,L,18 CONSQATION RE: MUROYA SUBDIVISIO~PA 06-09/ZC 06-08/LCPA
06-09/CT 06-27/CP 06-19/CDP 06-32/HDP 06-10/HMPP 07-02
JANUARY 31, 2007
PAGE2
associated with the proposed development, and that a monitoring program be developed prior to
any grading within the project area. A copy of the cultural resources study has been sent to Mr.
Mark Mojado, San Luis Rey Band of Mission Indians.
Notice of Completion:
The City of Carlsbad is currently in the process of reviewing the proposed Muroya Subdivision
project. When the environment review for the project is complete, the City will issue a Notice of
Completion in accordance with CEQA Guidelines.
Requested Deadline:
Pursuant to Government Code §65352.3(a)(2}, please respond within 90 days of receipt of this
notice in the event your tribe wishes to consult with the City regarding this matter. Please contact:
Jason Goff
Associate Planner
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
If you have any questions regarding this letter please contact me at (760) 602-4643.
Sincerely, . i)/1 j I
(5Y~ff
, JASON GOFF .
Associate Planner
Attachments: Location Map
Proposed General Plan and Zone Change Exhibit
January 31, 2007
0
Cit
San Luis Rey Band of Mission Indians
Russell Rome, Chairman
12064 Old Pomerado Road
Poway, CA 92064
of
SUBJECT: SENATE BILL 18 CONSULTATION RE: MUROYA SUBDIVISION -GPA 06-
09/ZC 06-08/LCPA 06-09/CT 06-27/CP 06-19/CDP 06-32/HDP 06-10/HMPP 07-02
Dear Mr. Rome:
In accordance with the prov1s1ons of Senate Bill 18, the purpose of this letter is to initiate
consultation with the Native American tribes, as identified by the Native American Heritage
Commission, regarding the proposed Muroya Subdivision project located in the City of Carlsbad,
California.
Project Description:
The proposed Muroya Subdivision is located on a 20.27-acre site in the southwest quadrant of the
City of Carlsbad, west of Black Rail Road, north of Aviara Parkway and south of Corte Orchidia. A
General Plan Amendment, Zone Change, Local Coastal Program Amendment, Tentative
Subdivision Map, Condominium Permit, Coastal Development Permit, Hillside Development
Permit and Habitat Management Plan Permit are being requested for a proposed residential
subdivision consisting of 37 detached condominium units clustered in the northern and eastern
portions of the 20.27-acre site. The project site is currently operating as a palm tree nursery with
associated greenhouses and equipment sheds, and the property owner's personal residence. The
majority of the site is encumbered by steep slopes and natural habitat. The proposed project
intends to subdivide the subject site into 5 lots, with one lot preserving the current property owners
existing residence, and the remaining lots for residential development and open space. The
current General Plan Land Use designation for the entire site is RLM (Residential Low-Medium
Density, 0-4 dwelling units per acre) with a Zoning classification of L-C (Limited Control). The
General Plan Amendment will change the two (2) proposed open space lots from RLM to OS
(Open Space) and the proposed residential lots from RLM to RM (Residential Medium Density, 4-
8 dwelling units per acre). Zoning will also be amended to correspond with the associated
General Plan Land Use Amendments. The zoning for the open space lots will change from L-C to
OS (Open Space) and the zoning for the residential lots will change from L-C to RO-M (Residential
Density-Medium).
Cultural Resources Assessment:
A Phase I Cultural Resources Assessment has been conducted by Michael Brandman Associates
for the proposed project (January 4, 2007). The results of their survey indicate a single prehistoric
isolated find, a previously known prehistoric site and no historical cultural resources. MBA
recommends that cultural resource monitoring take place during all ground-disturbing activities
1635 Faraday Avenue'" Carlsbad, CA 92008-7314 e (760) 602-4600 ~FAX (760) 602-8559 • www.ci.carlsbad.ca.us @
:~· . ' . ,.,_ • .., • .LJ
SENATE BILL 18 CONS~ATION RE: MUROYA SUBDIVISIOrMPA 06-09/ZC 06-08/LCPA
06-09/CT 06-27/CP 06-19/CDP 06-32/HDP 06-1 0/HMPP 07-02
JANUARY 31, 2007
PAGE2
associated with the proposed development, and that a monitoring program be developed prior to
any grading within the project area. A copy of the cultural resources study has been sent to Mr.
Mark Mojado, San Luis Rey Band of Mission Indians.
Notice of Completion:
The City of Carlsbad is currently in the process of reviewing the proposed Muroya Subdivision
project. When the environment review for the project is complete, the City will issue a Notice of
Completion in accordance with CEQA Guidelines.
Requested Deadline:
Pursuant to Government Code §65352.3(a)(2), please respond within 90 days of receipt of this
notice in the event your tribe wishes to consult with the City regarding this matter. Please contact:
Jason Goff
Associate Planner
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
If you have any questions regarding this letter please contact me at (760) 602-4643.
Sincerely,
c;Y~J) .. ~
JASON GOFF
Associate Planner
Attachments: Location Map
Proposed General Plan and Zone Change Exhibit
0
Cit
January 31, 2007
Kurneyaay Cultural Repatriation Committee
Steve Banegas, Spokesperson
1 095 Sarona Road
Lakeside, CA 92040
of
SUBJECT: SENATE BILL 18 CONSULTATION RE: MUROYA SUBDIVISION -GPA 06-
09/ZC 06-08/LCPA 06-09/CT 06-27/CP 06-19/CDP 06-32/HDP 06-10/HMPP 07-02
Dear Mr. Banegas:
In accordance with the prov1s1ons of Senate Bill 18, the purpose of this letter is to initiate
consultation with the Native American tribes, as identified by the Native American Heritage
Commission, regarding the proposed Muroya Subdivision project located in the City of Carlsbad,
California.
Project Description:
The proposed Muroya Subdivision is located on a 20.27-acre site in the southwest quadrant of the
City of Carlsbad, west of Black Rail Road, north of Aviara Parkway and south of Corte Orchidia. A
General Plan Amendment, Zone Change, Local Coastal Program Amendment, Tentative
Subdivision Map, Condominium Permit, Coastal Development Permit, Hillside Development
Permit and Habitat Management Plan Permit are being requested for a proposed residential
subdivision consisting of 37 detached condominium units clustered in the northern and eastern
portions of the 20.27-acre site. The project site is currently operating as a palm tree nursery with
associated greenhouses and equipment sheds, and the property owner's personal residence. The
majority of the site is encumbered by steep slopes and natural habitat. The proposed project
intends to subdivide the subject site into 5 lots, with one lot preserving the current property owners
existing residence, and the remaining lots for residential development and open space. The
current General Plan Land Use designation for the entire site is RLM (Residential Low-Medium
Density, 0-4 dwelling units per acre) with a Zoning classification of L-C (Limited Control). The
General Plan Amendment will change the two (2) proposed open space lots from RLM to OS
(Open Space) and the proposed residential lots from RLM to RM (Residential Medium Density, 4-
8 dwelling units per acre). Zoning will also be amended to correspond with the associated
General Plan Land Use Amendments. The zoning for the open space lots will change from L-C to
OS (Open Space) and the zoning for the residential lots will change from L-C to RO-M (Residential
Density-Medium).
Cultural Resources Assessment:
A Phase I Cultural Resources Assessment has been conducted by Michael Brandman Associates
for the proposed project (January 4, 2007). The results of their survey indicate a single prehistoric
isolated find, a previously known prehistoric site and no historical cultural resources. MBA
recommends that cultural resource monitoring take place during all ground-disturbing activities
1635 Faraday Avenue" Carlsbad, CA 92008-7314 • (760) 602-4600 <>FAX (760) 602-8559 '"www.ci.carlsbad.ca.us @
,......, ~
SENATE BILL 18 CONStkrATION RE: MUROYA SUBDIVISIO~PA 06-09/ZC 06-08/LCPA
06-09/CT 06-27/CP 06-19/CDP 06-32/HDP 06-10/HMPP 07-02
JANUARY 31, 2007
PAGE2
associated with the proposed development, and that a monitoring program be developed prior to
any grading within the project area. A copy of the cultural resources study has been sent to Mr.
Mark Mojado, San Luis Rey Band of Mission Indians.
Notice of Completion:
The City of Carlsbad is currently in the process of reviewing the proposed Muroya Subdivision
project. · When the environment review for the project is complete, the City will issue a Notice of
Completion in accordance with CEQA Guidelines.
Requested Deadline:
Pursuant to Government Code §65352.3(a)(2), please respond within 90 days of receipt of this
notice in the event your tribe wishes to consult with the City regarding this matter. Please contact:
Jason Goff
Associate Planner
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
If you have any questions regarding this letter please contact me at (760) 602-4643.
Sincerely,
v~
JASON GOFF
Associate Planner
Attachments: Location Map
Proposed General Plan and Zone Change Exhibit
January 31, 2007
0
City
Pala Band of Mission Indians
Robert Smith, Chairperson
12196 Pala Mission Rd.; PMB 50
Pala, CA 92059
0 flLE COP~
J.·l·Ol
of Carlsbad
I #liFt h h t;t.M •A§ ·fill ilel§ hI
SUBJECT: SENATE BILL 18 CONSULTATION RE: MUROYA SUBDIVISION -GPA 06-
09/ZC 06-08/LCPA 06-09/CT 06-27/CP 06-19/CDP 06-32/HDP 06-10/HMPP 07-02
Dear Mr. Smith:
In accordance with the prov1s1ons of Senate Bill 18, the purpose of this letter is to initiate
consultation with the Native American tribes, as identified by the Native American Heritage
Commission, regarding the proposed Muroya Subdivision project located in the City of Carlsbad,
California.
Project Description:
The proposed Muroya Subdivision is located on a 20.27 -acre site in the southwest quadrant of the
City of Carlsbad, west of Black Rail Road, north of Aviara Parkway and south of Corte Orchidia. A
General Plan Amendment, Zone Change, Local Coastal Program Amendment, Tentative
Subdivision Map, Condominium Permit, Coastal Development Permit, Hillside Development
Permit and Habitat Management Plan Permit are being requested for a proposed residential
subdivision consisting of 37 detached condominium units clustered in the northern and eastern
portions of the 20.27 -acre site. The project site is currently operating as a palm tree nursery with
associated greenhouses and equipment sheds, and the property owner's personal residence. The
majority of the site is encumbered by steep slopes and natural habitat. The proposed project
intends to subdivide the subject site into 5 lots, with one lot preserving the current property owners
existing residence, and the remaining lots for residential development and open space. The
current General Plan Land Use designation for the entire site is RLM (Residential Low-Medium
Density, 0-4 dwelling units per acre) with a Zoning classification of L-C (Limited Control). The
General Plan Amendment will change the two (2) proposed open space lots from RLM to OS
(Open Space) and the proposed residential lots from RLM to RM (Residential Medium Density, 4-
8 dwelling units per acre). Zoning will also be amended to correspond with the associated
General Plan Land Use Amendments. The zoning for the open space lots will change from L-C to
OS (Open Space) and the zoning for the residential lots will change from L-C to RO-M (Residential
Density-Medium).
Cultural Resources Assessment:
A Phase I Cultural Resources Assessment has been conducted by Michael Brandman Associates
for the proposed project (January 4, 2007). The results of their survey indicate a single prehistoric
isolated find, a previously known prehistoric site and no historical cultural resources. MBA
recommends that cultural resource monitoring take place during all ground-disturbing activities
1635 Faraday Avenue • Carlsbad, CA 92008-7314" (760) 602-4600 .. FAX (760) 602-8559 "www.ci.carlsbad.ca.us @
~ .~
S~Mle_,BJLL 18 CONSLMATION RE: MUROYA SUBDIVISJON-......GPA 06-09/ZC 06-08/LCPA
06-09/CT 06-27/CP 06-19/CDP 06-32/HDP 06-10/HMPP 07-02
JANUARY 31, 2007
PAGE2
associated with the proposed development, and that a monitoring program be developed prior to
any grading within the project area. A copy of the cultural resources study has been sent to Mr.
Mark Mojado, San Luis Rey Band of Mission Indians.
Notice of Completion:
The City of Carlsbad is currently in the process of reviewing the proposed Muroya Subdivision
project. When the environment review for the project is complete, the City will issue a Notice of
Completion in accordance with CEQA Guidelines.
Requested Deadline:
Pursuant to Government Code §65352.3(a)(2), please respond within 90 days of receipt of this
notice in the event your tribe wishes to consult with the City regarding this matter. Please contact:
Jason Goff
Associate Planner
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
If you have any questions regarding this letter please contact me at (760) 602-4643.
Sincerely,
~~L~ ~v-~-~~rr
JASON GOFF
Associate Planner
Attachments: Location Map
Proposed General Plan and Zone Change Exhibit
January 31, 2007
0
City
San Luis Rey Band of Mission Indians
Carmen Mojado, Co-Chair
1889 Sunset Dr.
Vista, CA 92081
4· 1·0":1-
0 FILE COPY
of Carlsbad
IQ@Uhii;t.i•J§.Iblll,t§;tl
SUBJECT: SENATE BILL 18 CONSULTATION RE: MUROYA SUBDIVISION -GPA 06-
09/ZC 06-08/LCPA 06-09/CT 06-27/CP 06-19/CDP 06-32/HDP 06-10/HMPP 07-02
Dear Ms. Mojado:
In accordance with the prov1s1ons of Senate Bill 18, the purpose of this letter is to initiate
consultation with the Native American tribes, as identified by the Native American Heritage
Commission, regarding the proposed Muroya Subdivision project located in the City of Carlsbad,
California.
Project Description:
The proposed Muroya Subdivision is located on a 20.27-acre site in the southwest quadrant of the
City of Carlsbad, west of Black Rail Road, north of Aviara Parkway and south of Corte Orchidia. A
General Plan Amendment, Zone Change, Local Coastal Program Amendment, Tentative
Subdivision Map, Condominium Permit, Coastal Development Permit, Hillside Development
Permit and Habitat Management Plan Permit are being requested for a proposed residential
subdivision consisting of 37 detached condominium units clustered in the northern and eastern
portions of the 20.27-acre site. The project site is currently operating as a palm tree nursery with
associated greenhouses and equipment sheds, and the property owner's personal residence. The
majority of the site is encumbered by steep slopes and natural habitat. The proposed project
intends to subdivide the subject site into 5 lots, with one lot preserving the current property owners
existing residence, and the remaining lots for residential development and open space. The
current General Plan Land Use designation for the entire site is RLM (Residential Low-Medium
Density, 0-4 dwelling units per acre) with a Zoning classification of L-C (Limited Control). The
General Plan Amendment will change the two (2) proposed open space lots from RLM to OS
(Open Space) and the proposed residential lots from RLM to RM (Residential Medium Density, 4-
8 dwelling units per acre). Zoning will also be amended to correspond with the associated
General Plan Land Use Amendments. The zoning for the open space lots will change from L-C to
OS (Open Space) and the zoning for the residential lots will change from L-C to RD-M (Residential
Density-Medium).
Cultural Resources Assessment:
A Phase I Cultural Resources Assessment has been conducted by Michael Brandman Associates
for the proposed project (January 4, 2007). The results of their survey indicate a single prehistoric
isolated find, a previously known prehistoric site and no historical cultural resources. MBA
recommends that cultural resource monitoring take place during all ground-disturbing activities
1635 Faraday Avenue ., Carlsbad, CA 92008-7314 s (760) 602-4600 ., FAX (760) 602-8559 s www.ci.carlsbad.ca.us @
.,.·-· . ... . .. . . . ~ .
I"' ~
SENATE BILL 18 CONS~ATION RE: MUROYA SUBDIVISION~PA 06-09/ZC 06-08/LCPA
06-09/CT 06-27/CP 06-19/CDP 06-32/HDP 06-10/HMPP 07-02
JANUARY 31 , 2007
PAGE2
associated with the proposed development, and that a monitoring program be developed prior to
any grading within the project area. A copy of the cultural resources study has been sent to Mr.
Mark Mojado, San Luis Rey Band of Mission Indians.
Notice of Completion:
The City of Carlsbad is currently in the process of reviewing the proposed Muroya Subdivision
project. When the environment review for the project is complete, the City will issue a Notice of
Completion in accordance with CEQA Guidelines.
Requested Deadline:
Pursuant to Government Code §65352.3(a)(2), please respond within 90 days of receipt of this
notice in the event your tribe wishes to consult with the City regarding this matter. Please contact:
Jason Goff
Associate Planner
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
If you have any questions regarding this letter please contact me at (760) 602-4643.
~~~ (~SONGOFF ~
Associate Planner
Attachments: Location Map
Proposed General Plan and Zone Change Exhibit
January 25, 2007
c
City
Jack Henthorn & Associates
Bryan Bennett, Senior Planner
5365 Avenida Encinas, Suite A
Carlsbad,CA 92008
I ·&v'l 0·7
0 flli ~lJPY
of Carlsbad
lij@Jelhlei•i•J§.ffiillel§bl
SUBJECT: GPA 06-09/ZC 06-08/LCPA 06-09/CT 06-27/CP 06-19/CDP 06-32/HDP 06-
10/HMPP 07-02-MUROYA SUBDIVISION
The following is a list of items which are considered to be supplemental to the previous letter of
completeness dated January 12, 2007. In that letter it was stated that the Engineering
Department comments would follow under separate cover. Please find those comments
attached belowt
If you should have any questions or wish to set up a meeting to discuss your application, please
contact Jason Goff at (760) 602-4643.
Sincerely,
DON NEU
Acting Planning Director
c: Gary Barberio, Team Leader
Clyde Wickham, Project Engineer
File Copy
Data Entry
1635 Faraday Avenue • Carlsbad, CA 92008-7314 ~ (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us (i}
,...., '~
; GPA 06-09/ZC 06-08/LCP):-66-09/CT 06-27/CP 06-19/COP 06-32fl'!i6P 06-10/HMPP 07·02 •
Muroya Subdivision
January 25, 2007
Pa e2
Issue Items
Engineering:
Engineering Department staff has completed their review of the above·referenced project for
application completeness. The application and plans submitted for this proposed project are
from an Engineering perspective considered complete with issues to be resolved prior to
support of the application(s).
The following issues need to be resolved prior to resubmittal:
1. Complete the project identification numbers (CT, COP, CP, LCPA ... etc on all
appropriate sheets and plans of this application.
2. Please add CFS and drainage basin information to the cover sheet (this avoids having to
gather additional information for the staff report at the last minute), the project ADT,
Water (GPM), and Fire Flow (GPM) demand and sewer information should also be
provided. It's easier if all of the data information is in 1 table or group of notes.
3. Please add remedial estimated grading quantities and limits of over excavation as
identified in the geotechnical report dated 4/26/2006.
4. The Preliminary Geotechnical Report (dated 4/26/2006) identified several areas of
Debris Fill, Undocumented Fill, Colluvium, and generally undesirable geologic conditions
requiring remedial grading to support the proposed development. Please show the full
extent of over cut, offsite slopes, keys or buttresses anticipated to provide a stable pad
and building foundation.
5. The north side of this subdivision should be consistent with City Standard GS-14 & GS·
15. Provide slope setbacks, brow ditches and subdivision boundary condition. Slopes
and drainage is usually the main issue with abutting developments.
6. The condominium exclusive use areas should allow for vehicle maneuvering and utility
services, without encroachment. The courtyard, access, and utilities should be within the
general access and utility portion of the subdivision as opposed to within exclusive use
areas.
7. The proposed street and access plan for Units 1-12 is extremely congested and difficult
to maneuver. The minimum street section for Street "B" should be 34' within a 56'
General Utillity and access Easement, similar to Street "A". Private Street "C" should
also be a little wider at the intersection of Black Rail Road and Approach to Private
Street "A". Our Hillside Ordinance allows for a 32' wide street, single loaded which would
work fine between units 34 and 35.
8. The perpendicular parking and perpendicular RV parking on Street "8" with only 24' AC
Pavement (plan view, sheet 4) is difficult to support.
9. Please show water and sewer meters and cleanouts to each unit on the tentative map I
site plan. Utility boxes, service locations and gas meters will also be a concern that
should be considered in advance of TM approval. The exclusive use areas with this in
mind needs to be re-plotted.
'
--··------------------------------------
• GPA 06-09/ZC 06-08/LCPAQ-09/CT 06-27/CP 06-19/CDP 06-32/..Q 06-10/HMPP 07-02-
Muroya Subdivision
January 25, 2007
Pa e 3
10. Please submit support or easement information to aUow the offsite connection to
Nightshade road. Also provide calculations to support the size and capacity of the facility
downstream to accommodate this project.
11. Please follow proposed drainage downstream to determine capacity or mitigation to
accommodate the proposed project. Check-dams or downstream mitigation to address
the additional runoff and velocity should be shown. Perhaps a basin (Structural BMP)
and safe overflow structure could be provided on Lot 4.
12. Please add SWPP notes and structural BMP's to the Tentative Map. Indicate all BMP's
will be maintained by the Property owner or HOA. Provide specific product or design
specs for proposed water treatment unit(s).
13. Provide a cross section of the parking and RV parking portion of this site. Identify the
typical structural section proposed for truck areas as ~ell as for vehicle and parking
areas.
14. The street lights shown on the tentative map appear different than what has been
constructed and in place. There are no street lights proposed along the project frontage,
please take a look at this and revise if necessary.
This review does not constitute a complete review of the proposed project and additional items
of concern, as well as comments on technical and design issues, will be identified upon
submission of the above items.
If you or the applicant has any questions regarding these comments, please contact Clyde
Wickham at (760) 602-2742.
~----------·~--------------~,------~I~·~ZL·O~ G LOCAL GOVERNMENT ..: FILE 0 p y
TRIBAL CONSULTATION LIST REQUEST
NATIVE AMERICAN HERITAGE COMMISSION
915 CAPITOL MALL, ROOM 364
SACRAMENTO, CA 95814
(916) 653-4082
(916) 657-5390 -Fax
DATE: January 22,2007
PROJECT TITLE: Muroya Subdivision-GPA 06-09/ZC 06-08/LCPA 06-09/CT 06-27/CP 06-
19/CDP 06-32/HDP 06-10/HMPP 07-02
LEAD AGENCY: ""'C"-"ityJ._.;!...of,_,C,a~r"""ls"""ba""d'-----
PHONE: (760) 602-4643
STREET ADDRESS: 1635 Faraday Avenue
CITY: Carlsbad CA ZIP: 92008
Specific Area Subject To Proposed Action
Carlsbad, CA San Diego County
Local Action Type:
CONTACT PERSON: Jason Goff
FAX: (760) 602-8559
APN: 215-040-03
0 General Plan 0 General Plan Element 0 Specific Plan
D Master Plan [gl General Plan Amendment 0 Specific Plan Amendment
0 Pre-planning Outreach Activity
Project Description:
The proposed Muroya Subdivision is located on a 20.27-acre site in the southwest quadrant of the City of
Carlsbad, west of Black Rail Road, north of Aviara Parkway and south of Corte Orchidia. A General Plan
Amendment, Zone Change, Local Coastal Program Amendment, Tentative Subdivision Map,
Condominium Permit, Coastal Development Permit, Hillside Development Permit and Habitat
Management Plan Permit are being requested for a proposed residential subdivision consisting of 37
detached condominium units clustered in the northern and eastern portions of the 20.27-acre site. The
project site is currently operating as a palm tree nursery with associated greenhouses and equipment sheds,
and the property owner's personal residence. The majority of the site is encumbered by steep slopes and
natural habitat. The proposed project intends to subdivide the subject site into 5 lots, with one lot
preserving the current property owners existing residence, and the remaining lots for residential
development and open space. The current General Plan Land Use designation for the entire site is RLM
(Residential Low-Medium Density, 0-4 dwelling units per acre) with a Zoning classification of L-C
(Limited Control). The General Plan Amendment will change the two (2) proposed open space lots from
RLM to OS (Open Space) and the proposed residential lots from RLM to RM (Residential Medium
Density, 4-8 dwelling units per acre). Zoning will also be amended to correspond with the associated
General Plan Land Use Amendments. The zoning for the open space lots will change from L-C to OS
(Open Space) and the zoning for the residential lots will change from L-C to RD-M (Residential Density-
Medium).
Location Map -Attached
NAHC Use Only
Date Received:, _________ _
Date Completed ________ _
Native American Tribal Consultation lists are only applicable for consulting with California Native American Tribes per
Government Code Section 65352.3.
\--
f--
t= f--
0
GENERAL LAND
PLAN ~USE
R AC
L-C
ZONING
OS I VAC I
0-S
11.5AC
OS I VAC I
P-C
GENERAL PLAN DESIGNATIONS
RLM -Residential Low-Medium
RM -Residential Medium
RH -Residential High
RL-Residential Low
OS -Open Space
RH/C/0-Mixed Use
PI • Planned Industrial
MUROY A PROPERTY
GENERAL PLAN AMENDMENT & ZONE CHANGE MAP
)ACK HENTHORN & ASSOCIATES
ZONING CATEGORIES
R-1 ·One Family Residential
RD-M · Residential Density-Multiple
R-E · Rural Residential Estate
R·A-Residential Agricultural
L-C -Limited Control
0 -Qualified Overlay Zone
OS · Open Space
M · Industrial
-r --r --+
EXISTING LAND USE
VAG-Vacant
DEV · Developed
01/25/2007 14:05 FAX 916 657 5390 NARC
STA71i Qf a&IJfPIMt
NATlVE AMERICAN HERITAGE COMMISSION
tt& CAPI1'0L MALl.., ROOII S64
SACAAMINTO, CA .a14
(818) 65H251
FU (811) 867-53110
W.b life ~·rl.llh~ot.g.ov
-all: da_nahC.paclll:lll.not
January 25, 2007
Mr. Jason Goff
CITY OF CARUIIAD
1635 Faraday Avenue
Carlsbad, CA 92008
Sent by FAX to: 760-602--8559
Number of pages: 2
~001
Ampfd ,. ........... GfyNnpc
Re; Ttibal Consyltf!!tion eer SB 18/Sacre<f llnds File Seirch for Pr<ii91· Muroya Subdlvlelon -
QPA 08-0tJZC 06-0IJI.CPA 08::()9/CJ 06:27/CP Q6-11!CDP OH2JHDP 09-1QJHMPP 0'7..02; City of
Carlsbad; San Diego County. Califomja
Dear Mr. Goff: .
Government Code §65352..3 requires ~~ govemments to consuft wilh Callfomla NatiVe American 1rlbes
identified by the Native American Heritage Commission (NAHC) for the purpox of protecting, and/or mitigating
Impacts to cultUral places. Attached Is a NatiVe Anwrican Tribal Con&uttatlon list of tribes with traditional lands or
cultural places locilted within the 111qun18d plan boundaries. NI:Jte the attached form for combining the Sacred Lands
file search with SS 18 Tribal Consultation Lists.
As a part of conSUltation, the NAHC recommend$ that toc;al gowmrnent$ conduct record searches through the
NAHC and Callfomla Historic Resources lnfonnation Syaem (CHRIS) to determine if any cultural places are located
within the area(a) affected by the propOsed action.
A NAHC Sacred lands File search was conducted based on the 10wnship, range, and section Information
included in your request and no sites were found within the area of potential effect yoo id8mltled. However, local
governmentS should be awar.1hat r.cord$ maintained by tile NAHC and CHRIS are not exhaustive, and a negative
response to these &earches do" not preclude the existence of a cultural place. A tribe may be the only source of •
infOrmation regarding the existence of a cultural place. I suggest you ~nsult with all of those on the
accompanying Native AmeriCan Contacts liSt, which has been included separately. If they cannot supply
information, they might recommend others with specific knowledge about cultural resources in your plan
area. If a response has not been received within two weeks of notification, the Commission requests that
you follow-up with a telephone call to ensure that the project information has been receiVed.
If you receive notification of ._hange of addresses and phone numbers from Tribes, please notify me. With your
assistance we are able to assure that our consultation list contains current information.
It you have any QU&Itions, please comact me at
ram Analyst
Attachment: NatiVe American contacts
01/25/2007 14:05 FAX 916 657 5390 NAHC . ...
NattW American Tribal Consultation Lis;J
San Diego County
I San Pasqual Band of Mission Indians
Allen E. Lawson, Chairperson
POBox365
Valley Center
(760) 7 49-3200
,CA 92082
Oiegueno
(760) 749-3876 Fax
v
Kwaaymii Laguna Band of Mission Indians
Carmen Lucas
P.O. Box 775
Pine Valley , CA 91982
January 25, 2007
Pala Band of Mission Indians
Robert Smith, Chairperson
12196 Pala Mission Rd.; PMB 50
Pala , CA 92059
Lulseno
(760) 7 42-3784 Cupeno
(760) 742-1411 Fax
~··
Kumeyaay Cultural Repatriation Committee
Steve Banegas, Spokesperson
1095 Baron a Road
Lakeside , CA 92040
~002
Diegueno -Kwaaymii Diegueno/Kumeyaay
(619) 709-4207
San Luis Rey Band of Mission Indians
Russell Romo, Chairman
12064 Old Pomerado Road "'/,/
Poway , CA 92064
Luiseno
(858) 748-1586
Thlt IIIDI 1c current onty u of the date of this document.
(619) 443-6612
(619) 443-D681 FAX
San Luis Rey Band of Mission Indians
Carmen Mojado, Co-Chair
1889 Sunset Dr.
Vista , CA 92081
Luiseno
Dllb'lbUtlon of tid& liSt e10e1 not relieve any pereon of etatutory ~lblllty ae deftmcl In Section 7050.5 Of 'lhe Health and
5llfMy Code, Sedlon 6097.94 of 1M Publlo ~Code and section 5097.98 Df the Public Reaource$ Code.
1'hl8 list Is eppl(ceble only for conaunatlon with Nadve American tribe$ under Government COCio Section 85352.3.
SENC"ER: con1PLETE THIS SEC N
• Complete items 1, 2, and 3. Alst. _,mplete
item 4 if Restricted Delivery is desired.
• Print your name and address on the reverse
so that we can return the card to you.
• Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
SAN LUIS REY BAND OF
MISSION INDIANS
MR. MARK MOJADO
1889 SUNSET DRIVE
VISTA, CA 92083
COMPLETE THIS SECTION ON DEL/II qy
A. Slg~nature
X //~ ..--::.o. 0Agent r ./ ,,._. .._ D Addressee
B. Received by (Printed Name) I C. Date of Dellyery
D. Is delivery address different from Item 1? D Yes
If YES, enter delivery address below: D No
3.iEType
rtlfled Mall 0 Express Mall
Registered D Retum Receipt for Merchandise
0 Insured Mall 0 C.O.D.
4. Restricted Delivery? (Extra Fee) 0 Yes
2. Article Number
(rransfer from service label) 7005 2570 0001 6685 2965
PS Form 3811, February 2004 Domestic Retum Receipt
U.S. Postal ServicerM ·
CERTIFIED MAlLM RECEI.
(Domestic Mail Only; No Insurance Cover. rovided)
PS Form 3800, June 2002 See Reverse for Instructions
• l • "'
January 22, 2007
• c
City
San Luis Rey Band Of Mission Indians
Mr. Mark Mojado
1889 Sunset Drive
Vista, CA 92083
I·U.·~
FILE COPY
of Carlsbad
IQFJellllli•i•J§.f!Jiilei§IJI
SUBJECT: SENATE BILL 18 CONSULTATION RE: MUROYA SUBDIVISION -GPA 06-
09/ZC 06-08/LCPA 06-09/CT 06-27/CP 06-19/CDP 06-32/HDP 06-10/HMPP 07-02
Dear Mr. Mojado:
In accordance with the prov1s1ons of Senate Bill 18, the purpose of this letter is to initiate
consultation with the San Luis Rey Band of Mission Indians tribe regarding the proposed Muroya
Subdivision project located in the City of Carlsbad, California.
Project Description:
The proposed Muroya Subdivision is located on a 20.27-acre site in the southwest quadrant of the
City of Carlsbad, west of Black Rail Road, north of Aviara Parkway and south of Corte Orchidia. A
General Plan Amendment, Zone Change, Local Coastal Program Amendment, Tentative
Subdivision Map, Condominium Permit, Coastal Development Permit, Hillside Development
Permit and Habitat Management Plan Permit are being requested for a proposed residential
subdivision consisting of 37 detached condominium units clustered in the northern and eastern •
portions of the 20.27-acre site. The project site is currently operating as a palm tree nursery with
associated greenhouses and equipment sheds, and the property owner's personal residence. The
majority of the site is encumbered by steep slopes and natural habitat. The proposed project
intends to subdivide the subject site into 5 lots, with one lot preserving the current property owners
existing residence, and the remaining lots for residential development and open space. The
current General Plan Land Use designation for the entire site is RLM (Residential Low-Medium
Density, 0-4 dwelling units per acre) with a Zoning classification of L-C (Limited Control). The
General Plan Amendment will change the two (2) proposed open space lots from RLM to OS
(Open Space) and the proposed residential lots from RLM to RM (Residential Medium Density, 4-
8 dwelling units per acre). Zoning will also be amended to correspond with the associated
General Plan Land Use Amendments. The zoning for the open space lots will change from L-C to
OS (Open Space) and the zoning for the residential lots will change from L-C to RD-M (Residential
Density-Medium).
Cultural Resources Assessment:
A Phase I Cultural Resources Assessment has been conducted by Michael Brand man Associates
for the proposed project (January 4, 2007). The results of their survey indicate a single prehistoric
isolated find, a previously known prehistoric site and no historical cultural resources. MBA
recommends that cultural resource monitoring take place during all ground-disturbing activities
associated with the proposed development, and that a monitoring program be developed prior to
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us <!)
\! ; ' ~ • """"
~ .. SENATE BILL 18 CONSU~TATION RE: MUROYA SUBDIVISION'·-'.3PA 06-09/ZC 06-08/LCPA
06-09/CT 06-27/CP 06-19/CDP 06-32/HDP 06-10/HMPP 07-02
JANUARY 22, 2007
PAGE2
any grading within the project area. A copy of the Phase I Cultural Resources Assessment is
enclosed.
Notice of Completion:
The City of Carlsbad is currently in the process of reviewing the proposed Muroya Subdivision
project. When the environment review for the project is complete, the City will issue a Notice of
Completion in accordance with CEQA Guidelines.
Requested Deadline:
Pursuant to Government Code §65352.3(a)(2), please respond within 90 days of receipt of this
notice in the event your tribe wishes to consult with the City regarding this matter. Please contact:
Jason Goff
Associate Planner
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
If you have any questions regarding this letter please contact me at (760) 602-4643.
Sincerely,
(7~4J
JASON GOFF
Associate Planner
Attachments: Phase I Cultural Resources Assessment
Location Map
Proposed General Plan and Zone Change Map
., . .
January 12, 2007
c
City
Jack Henthorn & Associates
Bryan Bennett, Senior Planner
5365 Avenida Encinas, Suite A
Carlsbad, CA, 92008
i·JJ./ v·:1 -'-' Fllt COPY
of Carlsbad
I#IJFJiJhih.M•X§·LJIII.t§bl·
SUBJECT: GPA 06-09/ZC 06-08/LCPA 06-09/CT 06-27/CP 06-19/CDP 06-32/HDP
06-10/HMPP 07-02-MUROYA SUBDIVISION
Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Department
has reviewed your General Plan Amendment, Zone Change, Local Coastal Program
Amendment, Tentative Tract Map, Condominium Permit, Coastal Development Permit, and
Hillside Development Permit, application file numbers, GPA 06-09, ZC 06-08, LCPA 06-09,
CT 06-27, CP 06-19, COP 06-32 and HOP 06-10, as to their completeness for processing.
The application is incomplete, as submitted. Attached are two lists. The first list is information
which must be submitted to complete your application. This list of items must be submitted ·
directly to your staff planner by appointment. All list items must be submitted
simultaneously and a copy of this list must be included with your submittals, including
five (5) sets of plans. No processing of your application can occur until the application is
determined to be complete. The second list is issues of concern to staff. When all required
materials are submitted, the City has 30 days to make a determination of completeness. If the
application is determined to be complete, processing for a decision on the application will be
initiated. In addition, please note that you have six months from the date the application was
initially filed, December 13, 2006, to either resubmit the application or submit the required
information. Failure to resubmit the application or to submit· the materials necessary to
determine your application complete shall be deemed to constitute withdrawal of the application.
If an application is withdrawn or deemed withdrawn, a new application must be submitted.
Please contact your staff planner, Jason Goff, at (760) 602-4643, if you have any questions or
wish to set up a meeting to discuss the application.
[e~
DON NEU
Assistant Planning Director
DN:JAGO:aw
c: Gary Barberio, Team Leader
Clyde Wickham, Project Engineer
File Copy
Data Entry
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @
GPA ta:.(J9/ZC 06..:08/LC; 06-09/CT 06-27/CP 06-19/CDP 06~/HDP 06-10/HMPP
07-02-Muroya Subdivision
January 12, 2007
Pa e2
LIST OF ITEMS NEEDED
TO COMPLETE THE APPLICATION
Planning:
A. (City of Carlsbad Application Requirements FORM. 1 -Tentative Tract Maps,
Condominium Permits & Coastal Development Permits)
1. Provide Project Compatibility Matrixes, which demonstrate project consistency with
Planned Development Tables "C" (C.M.C. 21.45.060) and "D" (C.M.C. 21.45.070).
2. Label Black Rail Road on the vicinity map (revise all exhibits appropriately).
3. Add Habitat Management Plan Permit, file no. HMPP 07-02, to the map exhibits.
4. Provide a full size colored recycled water use area map (all areas proposed to be
irrigated with recycled water must be clearly indicated on the map in color).
5. Provide photographs of the property from the north, south, east and west. Additionally,
please also provide photographs of the site that are in a digital format.
6. Provide a completed Early Public Notic~ Package (specifically, provide the signed
certification of posting form).
7. The Project qualifies as an "lnfill Residential Project" pursuant to Section II (D) of the
City of Carlsbad Application Requirements. As such the following is required:
a. The project site must be posted with notices pursuant to Planning Department
Administrative Policy No. 37 (see attached), and
b. Project photo-simulation exhibits must be completed and submitted to the Planning
Department upon a determination that the project application is complete. The photo
simulation exhibits should be scaled representations of the project, as viewed from
adjacent streets and adjacent developed single-family residential properties.
B. (City of Carlsbad Application Requirements FORM 2 -General Plan Amendments,
Local Coastal Program Amendments & Zone Changes)
8. Provide a 1" = 500' exhibit of the subject property showing the requested General Plan,
Zoning, and Local Coastal Program General Plan and Zoning designation(s) with the
acreage involved. Also provide the surrounding General Plan, Zoning, and Local
Coastal Program General Plan and Zoning designations and surrounding land uses.
C. (City of Carlsbad Application Requirements FORM 4-Hillside Development Permits)
9. It is required that both the slope analysis and slope profile exhibits be stamped by either
a registered landscape architect, civil engineer or land surveyor indicating the datum,
source and scale of topographic data used in the slope analysis and slope profiles, and
attesting to the fact that the slope analysis and slope profiles have been accurately
..
,I"'"' f"""',
GPA 06-09/ZC 06-08/L~ 06-09/CT 06-27/CP 06-19/CDP 0~2/HDP 06-10/HMPP
07-02 -Muroya Subdivision
January 12, 2007
Pa e3
calculated and identified according to the Hillside Development and Design Standards
(C.M.C. Section 21.95.120).
10. Provide a Slope Edge Building Setback exhibit demonstrating project consistency with
Section 21.95.120(1) of the Carlsbad Municipal Code.
D. (Biological Resources Report)
11. In accordance with the recommendation of the Biological Resources Report (Dudek,
December 2006), provide the subsequent biological resource surveys for special status
plant species. As recommended, these surveys are to be prepared during the months of
March and June of 2007 in order to capture the appropriate biological windows for each
of the particular special status plant species discussed in the report.
12. The project will be required to pay habitat in lieu mitigation fees for Type "F" Habitat
Groups in accordance with Table-11 of the Habitat Management Plan. The bio-report,
on Pg. 29 under Section 6.0, indicates'that no mitigation is required for disturbed habitat,
agriculture, ornamental planting and developed lands. Please note that "Disturbed
Habitat" and "Agriculture" are considered a Group "F" Habitat category and subsequently
are required to pay the appropriate habitat in lieu mitigation fee. Ornamental plantings
fall under the category of developed land and are therefore not subject to the in lieu
mitigation fee. Section 6 (Page 29) of the bio-report must be updated to account for the
impacts and mitigation of Group "F" habitats.
13. Provide an additional section, in the bio-report which specifically discusses how the
project complies with Management and Conservation Goals for HMP Species (D-97
through D-111).
14. Provide additional sections in the bio-report specifically discussing how the project
addresses each of the five adjacency standards that are outlined in Pages F-16 through
F-22 of the HMP.
15. The October 1st to April 1st rainy season grading activity prohibition is no longer in place
as a result of updates to the NPDES standards and the Carlsbad Local Coastal
Program. Please revise the bio-report accordingly.
E. (Detailed Soils Testing and Analysis Report)
16. A detailed soils testing and analysis report shall be prepared for the project by a
registered soils engineer. The report must be submitted to the City and the San Diego
County Health Department for review and approval. The report shall evaluate the
potential for soils contamination due to historic use, handling, or storage of agricultural
chemicals restricted by the San Diego County Department of Health Services. The
report shall also identify a ·range of possible mitigation measures to remediate any
significant public health impacts if hazardous chemicals are detected at concentrations
in the soil which would have a significant adverse effect on human health.
GPA 06-09/ZC 06-08/LC& 06-09/CT 06-27/CP 06-19/CDP 0;?2/HDP 06-1 0/HMPP
07-02 -Muroya Subdivision
January 12, 2007
Pa e4
Engineering:
Engineering completeness items will follow under separate cover. Please contact Clyde
Wickham with any questions regarding Engineering comments. Clyde can be reached by
telephone at (760) 602-2742.
ISSUES OF CONCERN
Planning Department:
1. "Dwelling, Multiple-Family" is defined as a building, or portion thereof, designed for
occupancy by three or more families living independently of each other, and containing
three or more dwelling units (C.M.C. Section 21.04.135), while "Dwelling, One-Family" is
defined as a detached building designed exclusively for occupancy by one family and
containing one dwelling unit (C. M. C. Section 21.04 .125). The units proposed within this
project do not meet the definition of "dwelling, multiple-family," and as such the City must
review the project utilizing the Table "D" (C.M.C. Section 21.45.070) standards.
Staffs review of the project against the Table "D" standards has revealed major project
shortfalls and deficiencies. Please note that a Planned Development code update was
recently recommended for approval by the City's Planning Commission. However, this
code update has not yet been adopted by the City of Carlsbad City Council or the
California Coastal Commission and therefore cannot be utilized at this time. As such,
staff cannot support the project as currently proposed unless the project applicant
substantially redesigns the project to meet the Small Lot Single Family and Two-Family
Development Standards found in Table "D". Staff is available to further discuss this
issue. The following is a list of project shortfalls and also some possible solutions to
help achieve your development goals: ·
a. Planned Development-Table "D" requires a minimum lot size or exclusive use
area of 5,000 square feet for each unit. Each unit must have the minimum 5,000
square foot exclusive use area. The Exclusive Use Area Summary listed on
Sheet 2 of the Tentative Map identifies 13 units which clearly fall short of meeting
the minimum 5,000 square foot area requirement. In addition, many of those
units which are, identified by the applicant as meeting or exceeding the 5,000
square foot minimum area requirements also do not qualify as an exclusive use
area based on the definition of exclusive. Staff can point to several examples in
the project where driveway access for one unit or multiple units are crossing over
another. This configuration does not provide for the necessary exclusive use
area in order to meet the minimum development standard.
b. The project is required to meet a minimum lot coverage percentage based on the
Planned Development Table "D" requirements. As presently configured, many of
the exclusive use areas do not meet the minimum 5,000 square feet area
requirements and thus consistency with lot coverage cannot be ascertained as
proposed. With a project redesign and re-submittal, please provide a lot
coverage consistency matrix.
c. The project is required to meet a minimum lot width requirement of 50 feet. The
exclusive use area would need to meet this same requirement. A majority of the
r". 0.
GPA 06-09/ZC 06-08/LC~ 06-09/CT 06-27/CP 06-19/CDP 06-32/HDP 06-10/HMPP
07-02 -Muroya Subdivision
January 12, 2007
Pa e 5
project does not appear to meet this minimum requirement. With a project
redesign and re-submittal, please provide a lot width consistency matrix.
d. There are opportunities to increase usable pad area and reduce retaining wall
heights by better utilizing the minimum front yard setbacks. For example, the
front yard setback for a garage along a private drive is 5 feet and the residence is
8 feet. Product type could be redesigned to better accommodate these setbacks
and in turn reduce impacts on the site. The project could also utilize Private
Drives as opposed to Private Streets to increase lot area and accommodate the
proposed product type better.
e. Units 11, 13, 32, and 33 are not meeting minimum front yard setback
requirements for porches, residences and direct entry garages. Please revise.
f. Provide a Planned Development Table ".D" side yard setback consistency matrix.
g. Provide a Planned Development Table "D" rear yard setback consistency matrix.
h. The 18' x 18' Recreational Space/Private Rear Yard is required to be located to
the rear yard. For Units 21, 34 and 35, the private rear yard is oriented to the
side of the unit and must be reconfigured to be located to the rear. Also, please
plot the 18' x 18' recreational space to the rear of Unit 11.
i. Please demonstrate project consistency with Planned Development Table "D"
Garage Standards. It does not appear that the project is in compliance with the
majority of the units exhibiting garage forward architectural design.
j. All the motorcourt areas will need to be revised to include enhanced pavement
treatments in addition to the pavement treatments at the driveway entrances.
k. Planned Development Table "C" (C.M.C. 21.45.060) allows for a 24 ft. wide
driveway with no parking permitted in the travel way. Staff suggests possibly
reducing the 30 ft. wide Private Drive "B" in front of Units 1, 2 & 3 down to a 24 ft.
width to provide an additional 6 ft. of developable area and allow for a reduction
in retaining wall height along Black Rail Road.
I. Planned Development Table "C" (C.M.C. 21.45.060) requires that all open
parking areas shall be screened from adjacent residences and public rights-of-
way by either a view-obscuring wall or landscaping. Please revise the site plan
to comply where visitor parking spaces P-14 through P-15 are located.
m. The Architectural Plans propose a Plan 1A and 1 B, Plan 2A, 28 and 2C, Plan 3A,
38 and 3C, and Plan 48 and 4C, resulting in 10 architectural combinations,
however the Composite Site Plan only shows four floor plans. Please revise the
plan to also show the specific architectural style. This may help to clarify Issue
Item "n" below.
n. City Council Policy 44, Architectural Guideline #5 requires that houses with both
the same floor plan and elevation style shall not occur on adjacent lots. Units 2,
3, 5, 6, 13, 14, 18, 19, 25, 26, 28 and 29 all are the same units placed in pairs
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directly adjacent to each other. Furthermore, the same floor plan is being placed
directly across from each other at many locations.
o. With the project site being so constrained, it is suggested that the applicant
explore the possibility of trying to meet the reduced second story requirements of
Architectural Guideline #6 instead of the wide single-story product type that is
being proposed. The proposed single-story unit requires such a large amount of
space and is causing the majority of the site constraint problems. A reduced
second story unit could free up a lot of additional space and in turn reduce the
amount of grading and retaining walls.
p. Graphically demonstrate in an exhibit for each Plan how you are complying with
City Council Policy 44, Architectural Guideline #9.
q. Revise Policy 44 Criteria Compliance Table, Architectural Guideline #10
Comment to reflect "street side" elevation as opposed to "rear" elevation. The
sentence should be corrected to read as follows: Plan types 2 & 3 are plotted on
a total of 24 lots within the development and meet the minimum number of four
building planes on the FeaF street side elevation.
r. Plans 3 and 4 are designed to meet the intent of Architectural Guideline #12,
however, while the Plan 1 may be configured to have a side yard setback which
averages greater then 8.5 feet, the general design of the Plan 1 does not meet
the intent of this guideline in that it does not have the "sufficient offsets and
cutouts" to qualify.
s. The project needs to be designed better to comply with Policy 44 Architectural
Guideline #16 pertaining to front entries. The projects current configuration does
not meet the intent of this guideline. The majority of the Plan 4 home's front
entries are concealed behind the garage and would require someone walking
around the side of the garage to access the front of the home. The remaining
Plan 4 homes (Units 21 and 24}, which do face the street are then impacted by a
2:1 slope or 5.5 ft. tall retaining wall. The Plan 3 homes as configured also
requires walking around the side of the garage and then 33 feet down the side of
the house to access the front door. The majority of the Plan 2 homes as
configured are concealed between the front of the garage and the neighboring
home. Please redesign to more consistent.
t. While the project may utilize a combination of front and side-loaded garages to
provide variety, the homes have not been designed to feature the residence as
the prominent part of the structure in relation to the street. Council Policy 66,
Principal #2 requires that a variety of garage configurations should be used to
improve the street scene. This project, as configured clearly falls short of this
goal and should be redesigned.
2. In general, staff is greatly concerned about the placement and number of retaining walls
that are being proposed throughout the project in order to maximize unit yield. It is
strongly advised that the number and heights of retaining walls be significantly reduced,
or more preferably removed altogether. There are many design options available at the
applicant's disposal that could be implemented to reduce or eliminate the need for walls.
If other options cannot be positively explored, then staff strongly suggests that the
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applicant reduce the number of units, or redesign a new product type to fit the site. This
is a topographically constrained site, which may call for topographically designed
product types. Furthermore, the proposed grading/pad heights in the northwest and
southeast must be more considerate of the adjacent pad heights on the surrounding
properties. More specifically, staff would strongly encourage the applicant to redesign
the area encompassing Units 35-37 in order to reduce the amount of fill. Staff is
available to further discuss this issue.
3. The project is proposing development of natural slopes with over 40% slope gradients.
Please update the slope analysis exhibit to demonstrate compliance with Section
21. 95.120(8) of the Carlsbad Municipal Code.
4. The project is proposing to impact 0.24 acres of the total 4.4 acres of dual criteria
slopes. Please update the slope analysis exhibit to specifically identify impacts to the
dual criteria slopes as they result directly from grading.
5. The 2:1 slope proposed along the west boundary of the project must be contour graded
pursuant to Section 21.95.120(F)(1) of the Carlsbad Municipal Code.
6. Provide an additional slope profile detail to the Hillside Development Permit Constraints
Map, which crosses through Units 6, 10, 14, and 18 and extends across both Black Rail
Road and Nightshade Road.
7. Staff cannot support the double retaining walls being proposed to the rear of Units 9, 10,
11, 13, 14, 15, 35, 36 and 37 as their combined heights exceed the 6 foot maximum
height limit allowed by code (C.M.C. Section 21.95.120(C)). Please revise the overall
project and·grading to minimize or eliminate the use of all retaining walls.
8. Staff cannot support the retaining walls that are being proposed along Private Street "A",
specifically running in front of Unit 24 and within the front yard setback area of Unit 23,
as the retaining wall heights exceed the 42 inch maximum height limits allowed for
structures within the front yard setback. Please revise the overall project and grading to
minimize or eliminate the use of all retaining walls.
9. The intervening slope area between a retaining wall and the property line of an adjacent
property must be a minimum of three feet in width in order to provide an adequate
plantable area. This three foot width of plantable area cannot include the retaining wall.
Please revise the Property Line -Side Yard Plantable Area Detail on Sheet 2 of the
Tentative Map, along with all other plans as they apply directly to this requirement.
10. On Tentative Map Sheet 4, please provide a top and bottom elevation of the end portion
of the retaining wall near Units 9 and 15.
11. Pursuant to Section 21.85.050 of the Carlsbad Municipal Code, the projects inclusionary
housing responsibility would be 7 units as opposed to the 5.5 units discussed in your
submittal letter dated December 5, 2006. The 7 units is based on the. applicant interest
in providing inclusionary housing offsite through the purchase of affordable housing
credits in an approved affordable housing project. The formula for calculating the
project's inclusionary housing requirement is as follows: 37 Units+ 0,85 = 43.5 X 0.15 =
6.5 or 7 units (fractional units are required to be round up to the nearest whole number).
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12. Revise the 60 foot wide fuel modification zones on all the plans to also show each of the
three zones. As it relates to the rear yards of Units 22 and 23, it is strongly suggested
that the fence line behind Units 22 and 23 be revised such that the exclusive use area is
not encroaching into any of the three zones.
13. Please clarify by providing a detailed exhibit describing exactly what is being proposed
at the entry of the subdivision specifically at Private Street "A" and Black Rail Road. It
cannot be ascertained through the review of the plans if these are decorative entry walls
or retaining walls. Either way, in addition to providing the detailed exhibit, the tentative
map and other exhibits must also be updated to show the proposed heights of any walls
or retaining walls should it be discovered that the entry feature is either of the two.
14. Revise the 8.5" X 11" copy of the General Plan Amendment & Zoning Change Map to
also include the existing General Plan Land Use designation, Zone and Land Use
information for the neighboring properties to the north located off of Corte Orchidia.
15. Include a detail plan view and sight line perspective from Black Rail Road of the
proposed RV Storage area. It is not clear from the proposed plans how effective the
screen being proposed will in fact screen the RV storage facility. Please not~ that
Planned Development Table "C" standards (C.M.C. 21.45.060) prohibit the storage of
recreational vehicles in any location that is visible to the public.
16. Identify and label on all plans as appropriate how much square footage is being
allocated to RV storage.
Engineering Department:
Engineering comments to follow under separate cover. Please contact Clyde Wickham with any
questions regarding Engineering comments. Clyde can be reached by telephone at (760) 602-
2742.
Landscaping (PELA):
The numbers below are referenced on the red line plans where appropriate for ease in locating
the area of the comment concern.
1. The plans are very general and therefore a complete review could not be made.
Additional comments may be provided once the plans are re-submitted with additional
detail. ·
2. Provide a shrub and groundcover planting legend for the concept which indicates where
plantings are to be used. Coordinate the design and legend of the Concept Plan with
the Fire Prevention Plan & Water Conservation Plan. At present the three plans function
independently and do not coordinate. All three plans should interface showing the same
plantings.
3. Hydroseed Mix "A" is shown in areas such as this that do not seem appropriate for this
treatment, where a more manicured landscape is generally found.
..... j •
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4. The Hydroseed Mix "B" is shown in areas that are not appropriate, including front yards
and parkways strips.
5. Clearly show all ROW lines, property lines and existing easements.
6. Show all planned bio-swales.
7. 50% of the shrubs (except on slopes 3:1 or steeper) must be a minimum 5 gallon size.
Indicate this in the legend. Provide a count of shrubs by species or put a note in the
legend.
8. Provide a separate full scale colored plan showing potable and recycled water use
areas. This is required by the Water Department.
9. Provide a maintenance responsibility plan, clearly showing private homeowner/resident
maintenance versus a common maintenance association.
10. Provide full landscaping in all areas except rear yards which are fenced.
11. Provide Carrotwoods as the street tree species along Black Rail Road. This will provide
a repetition of this tree from the adjacent properties.
12. Show all existing trees including trees adjacent to Nightshade Road (Eucalyptus and
Pines). Clearly indicate on the plans all trees to be retained and those to be removed.
13. Provide shrubs and groundcover in this area.
14. Provide a landscape screening separation between the parking and the perimeter fence.
15. Clearly show all slopes with a distinctive hatch and tie this to the slope note
requirements on page 3. Use the hatch pattern selected only for slopes and provide a
list of shrubs and groundcovers that will be used in this slope zone. Provide a different
hatch pattern for slopes affected by Fire Protection Zone constraints. Show all trees on
the plan.
16. Where are columnar shrubs used? Provide a symbol and show them on the plan.
17. Provide a blow up on the entry areas off of Black Rail Road. Provide enhanced planting
including more trees and descriptions of the paving and walls to be used.
18. Add large canopy shade trees in the areas indicated with yellow highlighting. Where
small trees are shown, select a larger species than the Pinus pineal Arbutus /Cercis now
shown.
19. Add two Carrotwood street trees in this location.
20. The Fire Prevention Plan does not show Fire Zone #1 on the plan. Provide a different
hatch for Zone 2 (manufactured) and Zone 2 (native). Zone 2 requires irrigation for both
manufactured and native conditions. Provide a plant palette tied to each of the zones on
the Fire Prevention Plan. This should be consistent with that which is shown on other
sheets.
..........
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21. Return all redlines with the next submittal.
Fire Department:
1. All dwelling units shall be provided with Automatic Fire Sprinklers.
2. All streets shall be recorded as Fire Lanes and subject to the restrictions and
enforcements afforded to this designation.
3. On-street parking shall not be permitted on Private Streets "B" and "C" as the street
width is to narrow to accommodate any on-street parking. The bulb at the end of
Private Street "A" shall also be designated as a "No Parking Zone".
Police Department:
Please find enclosed as a separate document, comments from the City of Carlsbad Police
Department dated December 21, 2006.
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661.334.27:55
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ENVIRONMENTALSERVICES • PLANNING • NATIJRALREsOURCESMANAGEMENT
MEMORANDUM
Date:
To:
From:
Subject:
December 11, 2006
Ms. April Tornillo, Taylor Woodrow Homes, Inc
Jennifer M. Sanka, M.A., Staff Archaeologist
Summary of Cultural and Paleontological Resource Findings for the Taylor Woodrow, Inc.
Muroya Project in the City of Carlsbad, San Diego County, California
At the request of Ms. April Tornillo, Michael Brandman Associates (MBA) has conducted a
Phase I cultural and paleontological resource assessment at the proposed Project Area located in
the City of Carlsbad, San Diego County, California. The detailed Phase I Cultural Resources
Assessment will be available in the forthcoming document entitled: Phase I Cultural Resources
Assessment and Paleontological Records Review Muroya Project City of Carlsbad, San Diego
County, California (MBA, 2006). The following information has been adapted from this Phase I
report.
Project Location and Description
Totaling approximately 20 acres, the Muroya Project Area can be found on the Encinitas,
California, United States Geological Survey (USGS) 7.5-minute topographic quadrangle map, in
the northern half of section 27 ofTownship 12 South, Range 4 West. Specifically, the Project
Area is located west of Black Rail Road, north of Aviara Parkway and east of Towhee Lane. The
proposed use of the Project Area is for future residential development.
Summary of Cultural Resource Findings
On November 28, 2006, MBA Consulting Archaeologist Jonathan Wright conducted a records
search at the South Coastal Information Center (SCI C), which is located at San Diego State
University. According SCIC files, approximately 75 previously known cultural resources are
recorded within the 0.75 mile search radius. One ofthese cultural resources is located in the
southern portion of the plant nursery, which presently occupies the northern and eastern portions
of the overall Project Area.
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MBA Project Archaeologist Jennifer M. Sanka surveyed the Project Area on December 3 and 5,
2006. As a result of the pedestrian survey, an additional isolated cultural resource was identified. ~"'-:ck ~ ?
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Santa Cruz
831.262.1731
Ms. April Tornillo
December 11, 2006
Page2
Summary of Paleontological Resource Findings
The paleontological review, conducted by Margaret M. Hart, Lab Manager of the San Diego
Natural History Museum (SDNHM), showed that the sedimentary rocks mapped in the vicinity of
the Project Area are middle Pleistocene Terrace Deposits (approximately 0.5 to 1 million years
old) which correlate with the Lindavista Formation, as well as middle Eocene Santiago Formation
sediments ( 45 to 49 million years old). Excavation within the Project Area would likely impact
deposits of the Lindavista Formation, the Santiago Formation and Torrey Sandstone. While
deposits of the Lindavista Formation and Torrey Sandstone have moderate paleontological
sensitivity, sediments belonging to the Santiago Formation are assigned high sensitivity.*'Any
fossils recovered from these sediments have high potential to be considered scientifically
significant.
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The review additionally revealed that there are 32 known paleontologic resource localities within
the 1 mile search radius. Three of these localities are situated directly south of the proposed
Project Area.
Cultural Resource Recommendations
Due to the presence ofthe numerous cultural resources within the 0.75 mile search radius, the
known resource within the Project Area boundaries and the previously undocumented isolated
cultural resource fmding during the pedestrian survey, MBA finds that the Project Area has a high
probability for retaining intact, subsurface cultural resources. Therefor#,"MBA recommends that
cultural resource monitonng take place during all ground disturbing activities associated with the
proposed development. This monitoring program should be developed prior to any grading
within the Project Area.
MBA also recommends that Native American monitoring take place if required or recommended
by the City of Carlsbad.
Paleontological Resource Recommendations
Due to the high sensitivity designation of sediments from the Santiago Formation and the
presence of the numerous paleontological resource localities within the 1 mile search radius,
many of which were recovered from sediments similar to those present within the Project Area,
MBA finds that the Project Area has a high probability for retaining significant, nonrenewable
paleontological resources. Therefore, MBA recommends that paleontological resource
monitoring take place during all ground disturbing activities associated with the proposed
development. This monitoring program should be developed prior to any grading within the
Project Area and should be consistent with the provisions of CEQA.
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December 5, 2006
Jason Goff
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
,Ok Henthorn & AssociatD
5365 Avenida Encinas, Suite A
Carlsbad, California 92008
(760) 438-4090
Fax (760) 438-0981
Subject: Muroya Property-Tentative Map and Condominium Permit Submittal Package
Dear Mr. Goff:
The enclosed materials are submitted on behalf of Taylor Woodrow Homes, Inc., for a
proposed residential development of thirty-seven (3 7) detached condominium units located
within Local Facilities Management Zone 20 on the west side of Black Rail Road (APN 215-040-
03). The enclosed applications for review include a tentative tract map, condominium permit,
coastal development permit, hillside development permit, general plan amendment, zone change
and local coastal program amendment. The proposed property has gone through the preliminary
review process (PRE 06-07). The following letter gives a detailed project description and
addresses the comments received in the City's letter dated March 13, 2006.
The approximate twenty (20) acre site is currently being used as a palm tree nursery and a
single-family residence for the Muroya family. The site has a current General Plan designation of
RLM (Residential Low-Medium density, 0-4 du/ac) and a zoning classification of L-C (Limited
Control). These designations are proposed to be modified with the project and will be discussed
in further detail below.
The site is surrounded by existing residential development on all four sides. The
developments to the west and south of the subject property are within the Aviara Master Plcm.
The development to the west is a detached single-family neighborhood having lot sizes that range
in size from 7,500 to 10,000 square feet. The development to the south is a condominium
development located on both sides of Black Rail Road. The residential development to the north
contains thirty-two (32) existing detached single family homes on minimum 10,000 square foot
lots. The residential developments to the east across Black Rail Road are in different stages of
the development process. Some units are constructed and currently occupied, another property
is currently graded and the southern most property has an active application in the City for
residential development. All of the properties to the east are small-lot developments with
minimum lot sizes of 5,000 square feet.
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As mentioned above, the subject property includes an active palm tree nursery and an
existing single family residence located in the southeastern portion of the property that is
occupied by the Muroya family. The nursery operation includes shade houses, equipment sheds
and associated access roads. A 150-foot wide easement for SDG&E transmission lines extends
through the central portion of the property. The remaining property is undeveloped and covered
with native vegetation. Topographically, the eastern and northern portions of the site, where the
existing residence and nursery are located, generally consist of a relatively level to gently sloping
mesa. The property in these areas has a total elevation drop of approximately twenty (20) feet
from Black Rail Road to the west. The western and southern portions of the property consists of
moderately to steeply inclined natural and fill slopes extending from the SDG&E easement south
and west into a large canyon. The elevation differential in these areas is approximately eighty
(80) feet from east to west. All utilities necessary to serve the proposed project are located
within Black Rail Road and Nightshade Road.
As shown on the enclosed tentative map, the applicant is proposing thirty-seven (3 7)
detached condominium units on a five (5) lot subdivision. As mentioned above, the property is
designated with a RLM land use designation that has a Growth Management Control Point of
3.2 dwelling units per acre. The enclosed constraints analysis used the current control point for
calculating the maximum number of units allowed on the site, which is thirty-eight (38) dwelling
units (11.81 net acres x 3.2 du/ac = 37.8 units). With the existingMuroya residence that is
proposed to remain, the total number of units proposed on the property is thirty-eight (38)
consistent with the maximum number allowed.
A General Plan amendment is proposed as part of the project to reflect the clustering of
the development on the northern and eastern portions of the site and to designate the conserved
open space consistent with the preservation standards within the City of Carlsbad's Habitat
Management Plan (HMP). By designating the proposed open space with an Open Space land
use designation along with the clustering of the units in the northern and eastern portions of the
site, the density proposed for the development area results in a higher density than that allowed
by the RLM land use designation. As a result, the proposed land use designation that is
consistent with the density of the development area is Residential Medium (RM -4-8 dwelling
units per acre) with an implementing zoning classification of Residential Density-Multiple (RO-
M). The proposed open space for the project is proposed with a new General Plan land use
designation of Open Space (OS) with an associated zoning classification of Open Space (0-S).
Please refer to the enclosed 'General Plan Amendment and Zone Change Exhibit' for details.
The subject site is heavily constrained with the large SDG&E easement that bisects the
property, the large canyon that contains native vegetation and the sloping topography from east
to west. Along with the physical constraints oi1 the property, it is also subject to the preservation
standards of the HMP and, as a property that is located within the Coastal Zone, is subject to
additional HMP conservation standards. These standards, as applicable to the subject property,
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include avoiding impacts to southern maritime chaparral and narrow endemic plant species,
minimizing impacts to coastal sage scrub, providing continuous habitat connectivity within the
zone but allowing reasonable development on the lower habitat quality areas. The specific
coastal standards for the property include the cluster of the development within the existing
disturbed areas and that a maximum of ten percent (10%) impact may occur to coastal sage scrub
and southern maritime chaparral. The HMP also identifies the necessity of providing buffers
between development and any proposed preserve areas. For the proposed property a buffer of
twenty (20) feet is required between the development and the upland native vegetation.
Given the above constraints the applicant and their consultant team carefully planned
and designed the proposed clustered condominium project to comply with the standards found
within the City's HMP as well as the applicable zoning standards found within the Carlsbad
Municipal Code. Since the proposal is a condominium project clustered to avoid impacts to the
native habitat as required by the HMP, the site was designed to be consistent with the multi-
family standards of the Planned Development ordinance. The density of the proposal and the
auto courtyard layout of the site plan are more consistent with a multi-family development than a
traditional single-family subdivision. The detached nature of the condominiums is for the
compatibility of the project with the existing residential neighborhoods adjacent to the subject
property. The majority of the existing surrounding neighborhoods were not restricted with the
same HMP preservation standards that have been imposed on this property. It is also understood
that the Planned Development ordinance is being amended and the project has been designed to
be consistent with the new standards for future consistency.
As shown on the enclosed plan sets and mentioned above, the design of the project is for
thirty-seven (3 7) detached condominiums clustered in the northern and eastern portions of the
subject property. The majority of the proposed development is located north of the SDG&E
easement with three units proposed south of the easement adjacent to the existing Muroya
residence. The proposal is designed with two points of access from Black Rail Road. The main
point of access for the project will be Private Street 'A' that is proposed as a cul-de-sac and aligns
with the existing intersection of Songbird Avenue. The private street is intersected by two main
private driveways, Private Drive 'B' & 'C'. Private Drive 'C' crosses the SDG&E easement and
connects to Black Rail Road aligning with the existing intersection of Ocean Crest Avenue
providing the secondary point of access for the project. The private driveways are proposed to
include enhanced paving where they intersect the private street and Black Rail Road. The auto
courtyards are proposed along both the private street and private driveways to access each of the
unit's two-car garages. These courtyards will be constructed with concrete as required by the
Planned Development Ordinance.
Parking for the project is proposed with two-car garages for each unit and visitor parking
provided on-street on Private Street 'A' and within parking bays along Private Drives 'B' & 'C'.
There is total of twelve (12) visitor parking spaces that are required for the project. As proposed,
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there are seventeen (17) spaces provided throughout the development within walking distance of
each unit. A common recreational vehicle storage area is also proposed for the project that will
be available to all residents. The location of the storage area is within the SDG&E easement and
was conceptually approved by SDG&E pursuant to the enclosed letter dated September 5, 2006.
The proposal includes four unit types ranging in size from approximately 2,070 to 2,800
square feet and will utilize three separate architectural styles. Plan type 1 is proposed as a single
story unit to comply with the Policy 44 requirement for providing single-story units. The
remaining plan types are proposed as two-story units. The architectural styles proposed with the
development are Adobe Ranch, Andalusian and Santa Barbara. These styles were speci8lly
selected by the applicant and architect to create a cohesive village atmosphere. The Adobe
Ranch and Andalusian styles include elements of rustic ranch stylized architecture with such
details that include wood kickers and other wood detailing such as shutters and Juliet balconies.
The Santa Barbara style is a more refined style from the previous two styles with arches, iron
detailing and finished stucco elements such as pot shelves and trim around balconies. To further
create a sense of diversity throughout the community, professionally designed color schemes have
been created. There are a total of six (6) color schemes for this neighborhood as shown on the
enclosed color and material boards.
Common recreational space as required by the Planned Development Ordinance is
proposed in two areas for the project. The main recreational space for the project is located
along Private Drive 'C' and includes a pool and spa facility adjacent to the northern boundary of
the SDG&E easement. The area does expand beneath the SDG&E easement by including a
passive area with trails, a large grass area and overlook areas for the enjoyment of both the
natural open space and views to the west. The second recreational space is located in the
western portion of the site at the end of Private Street 'A' and includes a tot lot area with various
age play equipment. Per the Planned Development Ordinance the project is required to provide
7,400 square feet of common recreational space. As proposed the project includes a total of
10,290 square feet excluding the area beneath the SDG&E easement well exceeding the
minimum required.
The City's Inclusionary Housing Ordinance requires that a minimum of 15% of all
approved units in any qualified residential subdivision be made affordable to lower income
households. The inclusionary housing requirement for this project is calculated to be 5.5
dwelling units. The applicant is requesting to purchase 5.5 affordable housing credits in an
approved affordable housing project to satisfy the project's affordable housing requirements.
In response to the City of Carlsbad's comments to the preliminary application and
subsequent meetings with staff, the project applicant, Taylor Woodrow Homes, Inc., did conduct
a community outreach meeting on November 14'h of this year with the surrounding owners. The
meeting was to inform the existing neighborhood of the project and elicit their input and
•
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concerns. The main concern expressed during the meeting was related to the existing views to
the west. In the preparation of the enclosed plans, the applicant and their consultants made the
utmost effort to address the concerns that were raised by ensuring that single-story elements of
the architecture were situated along the northern boundary to provide some view corridors to the
west and lowering the proposed pad heights as much as possible while maintaining a balanced
grading operation. Once the City releases the comments to this submittal and they have been
addressed by the consultant team, the applicant will follow up with the existing residents to
inform them of the status of the application and the necessary modifications to the plan so that a
positive relationship with the surrounding owners is maintained. Enclosed with the submittal
package is a copy of the sign-in sheet that was used for the November neighborhood meeting.
We have included 5 sets of the tentative map, conceptual landscape plans and
architecture plans for your review along with all the supporting documentation. This
documentation includes all the required executed applications, updated preliminary title report,
project description, location map, hydrology study, water quality technical report, compliance
tables for City Council Policies 44 and 66, preliminary soils investigation, biological report and
environmental impact assessment form.
If you have any questions or need any additional information, please feel free to call me at
(760) 438-4090 extension 104 or e-mail me at b1'nnc~r(i't jhcnth~ml.Cl2!J1·
Sincerely,
encl. Tentative Map Submittal Package
cc: April Tornillo, Taylor Woodrow Homes, Inc
Marybeth Murray, Hunsaker & Associates
Roy Capitan, Robert Hidey Architects
Christopher Gustard, GMP, Inc.
file JHA/BDBffWH -Muroya
•
Taylor Woodrow
November 1, 2006
City of Carlsbad, Planning Department
Attn: Jason Goff
1635 Faraday Avenue
Carlsbad, CA 92008-7314
PROJECT: Muroya Property
APN 215-040-03
Dear Mr. Goff:
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I Taylor Woodrow Homes, Inc.
South Division-Southern California
16745 W. Bernardo Dr. Suite 140
San Diego, CA 92127
Tel 858-943-5100
Fax 858-943-5151
taylorwoodrow.com
I would like to take this opportunity to invite you to a meeting we have planned with the adjacent
homeowners on November 141h at 6:30pm. Attached you will find information related to this
neighborhood meeting.
Taylor Woodrow Homes is very pleased and excited about the Muroya development and we have
prepared a conceptual site plan and architectural streetscenes to help give the adjacent residents an
idea about what the development will look like. If you have any questions regarding the meeting or
the Muroya property development, please contact me at 858-943-5109.
Sincerely,
April Tornillo
c
~
Taylor Woodrow
November 1, 2006
Dear Resident,
0
Taylor Woodrow Homes, Inc.
South Division-Southern California
16745 W. Bernardo Dr. Suite 140
San Diego, CA 92127
Tel 858-943-51 00
Fax 858-943-5151
taylorwoodrow.com
Taylor Woodrow Homes invites you to a meeting presentation on our proposed single family
detached residential development and afterwards a time for questions and answers will be provided.
The meeting will be on Tuesday, November 141h located at the Olympic Resort Hotel and Spa in the
Savannah room starting at 6:30pm.
Taylor Woodrow Homes is pleased to inform you that we are proposing 37 single family residences.
We are currently preparing an application to submit to the City of Carlsbad for the 6600 block of
Black Rail Road, Carlsbad CA. The homes will be located on a portion of the property that is
currently being used as a nursery for palms and other trees. A large portion of the site will remain as
hill type terrain covered with native vegetation and left undisturbed as dedicated open space. The
homes are designed one-story and two-story diversified with single story elements integrating nicely
with the surrounding neighborhood.
We are looking forward to meeting you and discussing any questions or concerns you have.
Refreshments will be provided. If you can't attend the meeting, or if you have any questions before
then, please feel free to contact April Tornillo at Taylor Woodrow Homes at (858) 943-5109.
Please join us on:
TUESDAY, NOVEMBER 14, 2006
6:30PM -7:30PM
AT OLYMPIC RESORT HOTEL AND SPA
SAVANNAH ROOM
6111 EL CAMINO REAL
CARLSBAD, CA 92011
c
) A~ Sempra Energy utility'''
September 5, 2006
April Tornillo
Taylor Woodrow Homes, Inc.
16745 W. Bernardo Drive, Suite 140
San Diego. CA 92127
RECEIVED
SEP -6 2006
BY: __
Subject Project: Muroya Subdivison-A.P.N. 215-040-03
Dear Ms. Tornillo:
San Diego Gas & Electric
8335 Century Park Court
San Diego, CA 92123
Please note, this is not a "Permission to Grade & Construct Improvements" letter for the
above~mentioned project, but rather a conceptual approval of the Planning Design Map
submitted to San Diego Gas & Electric (SDG&E) date stamped August 9, 2006.
SDG&E will review and comment on the proposed grading and improvements to be
constmcted within and adjacent to SDG&E's 150' Electric & Gas Transmission easement
located on said property. The proposed private road, RV parking, a "passive" park,
drainage, and other associated improvements are allowed within the easement area. We
will continue to review the developing plans for compliance with our design requirements
within the easement area and when our requirements are satisfied, SDG&E will issue a
"Permission to Grade-& Construct Improvements" letter for this project.
Should you have any questions, please call me at the numbers listed below.
Sincerely,
Land Management Representative
Phone (858) 654-1201
Fax (858) 654-1263