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CT 94-11; Mar Vista; Engineering Application
CITY OF CARLSBAD - ENGINEERING L^PARTMENT APPLICATION FOR ENGINEERING PLANCHECK OR PROCESSING Complete all appropriate Information. Write N/A when not applicable. PROJECT NAME:>/t<rfA DATE: PROJECT DESCRIPTION:Pg«g|6fU - Pi PROJECT ADDRESS; LOT NO(S).:_J£0 6.Q u> . (£> (=i t4fpfacM pp. MAP NO.:APN(S).: OWNER: Mailing Addreiw:C*H gut Phon« Number: ( (s>\°( ) 4-5*4--• I conrty that I am the legal owner and that all the above information is true and correct to the best of my knowledge. Signature APPLICANT:L.C.C. Co. Phone Number: I certify that I am the agent of the legal owner and that all information on this »h*et I* true and correct to the beet of my knowledge. Signature.Date CIVIL ENGINEER: <£&>tU,g- Firm: Mailing Addre**: SOILS ENGINEER: Firm: Mailing AddreM: ()Phone Numb*: Suae Registration Number:Slat* Regl^ration Number: LANDSCAPE ARCHITECT: r IIIII* Mailing Address: .jfi_ ADDITIONAL COMMENTS: Phone Number: ( Stats Registration Number:. NO. OF DWELLING UNITS; 4^ LFMP ZONE: 2O NO. OF LOTS: S*O NO. OF ACRES; 74* IMPROVEMENT VALUATION: sewer, water & reclaimed water: Water District (circle jone): Qiarlsbad Municipal Water District) streets and drainage: landscape: GRADING QUANTITIES: CY cut Olivenhain Vallecitos cy nil cy remedial cy import/export. PLEASE CHECK OFF APPLICATION TYPES ON REVERSE SIDE H£VM/3*/M CITY OF OxflLSBAD - ENGINEERING L,>ARTMENT APPLICATION FOR ENGINEERING PLANCHECK OR PROCESSING Cornplata all approprlata Information, Wrrta N/A whan no< appllcabla. PROJECT NAME:DATE: PROJECT DESCRIPTION: FiN»Vu £M-g.c-K, _ Pt-M/O PROJECT ADDRESS: LOT NO(S).:_jj£o MAP NO.; OWNER: Addr*««:CVfl got L/V QA. APPLICANT: Phoo- that f om th« is tsu« and correct to th« b**t of my Signature own«r and that «Jt th« abov* Information Data I certify that I am th* ag«nt ofjh« legal owner and that all Information on th* »h**»J§Jru« and Signature, CIVIL ENGINEER: Firm: Mailing Addr Phon« Number:^56*-. SOILS ENGINEER: ftof»glriT f-. Firm:Lgj£U-TorO iff O Phon.NunUr: Slat* R*fli*UoUon Numb**:[ 4-5"^ 4 Numb«r: LANDSCAPE ARCHITECT: Firm: Ma4ing ADDITIONAL COMMENTS: Phom» NunUr: Slot* Registration NumUir: NO. OF DWELLING UNITS: 4-*L LFMP ZONE: 1O NO. OF LOTS: S*Q NO. OF ACRES: 74- IMPROVEMENT VALUATION: sewer, water & reclaimed water:. Water District (circle jc-ne): ^^Isbad Municipal Water District) streets and drainage: landscape:__ GRADING QUANTITIES: CY cut 4-i Olivenhain Vallecitos remedial .36, cy fill (e(e,1°Q cy cy (jrnoortfcxport *Z>S.4>OO ^ cy PLEASE CHECK OFF APPLICATION TYPES ON REVERSE SIDE 8tV 04/21/M CITY OF CARLSBAD - ENGINEERING DEPARTMENT APPLICATION FOR ENGINEERING PLANCHECK OR PROCESSING Complete all appropriate Information. Write N/A whan not applicable. PROJECT NAME:DATE: PROJECT DESCRIPTION:&*mi3/T PROJECT ADDRESS:. LOT NO(S).:_6_2_ OF-fcO »j UJ. £P- UrbPCAJ l/4-U-gy MAP NO.; car q 4—11 APN(S).:__H__1 OWNER: Mailing Address: 7/*> ICp C. H-l 1 certify that 1 am th« legal owner and that all the above information is true and correct to the best of my knowledge. SignatureC£-nj£|L APPUCANT: VUSP LLC ST. PhoneNumbw: f 1 certify that 1 am the agent of the legal owner and that all information on this sheet is true and correct to the best of my Knowledge, Signature.Date CIVIL ENGINEER:. Rrm: Mailing SOILS ENGINEER Rrm: Mailing Address: & ftl W-A { Phone Number: (6> 1 °l Phone Numb*: I fo \4 State Registration Number:State Registration Number: LANDSCAPE ARCHITECT: 1M A- Firm: Mailing Address: _______________ ADDITIONAL COMMENTS: Phone Number: {_J_ State Registration Number: NO. OF DWELLING UNITS: 4A LFMP ZONE:. IMPROVEMENT VALUATION: sewer, water & reclaimed water:__J____i Water District (circle one) ^Carlsbad Municipal Water Distrtep streets and drainage: 10A" landscape: GRADING QUANTITIES: CY cut NO. OF LOTS:NO. OF ACRES: 3<V Olivenhain Vallecitos cy fill cy remedial cy import/export cy PLEASE CHECK OFF APPLICATION TYPES ON REVERSE SIDE P:\DOC8\MI8FOHM8\FHM00063 REV04/20/W CITY OF CARLSBAD - ENGINEERING b^PARTMENT APPLICATION FOR ENGINEERING PLANCHECK OR PROCESSING Complete all appropriate Information. Write N/A whan not applicable. PROJECT NAME:DATE; PROJECT DESCRIPTION; PROJECT ADDRESS: *•> • O P- LOT NOfS).: *5 O RO ^ LU.\J(4^U&* MAP NO.:APN(S).: OWNER: ™c Mailing Addreo*: Phoo. Numb-r: (to 14 1 4*4- I cartity that I am th« l«gol ownw and that all th« abov* Information is triw and corr«ct to th« b*st of my knowledge. Signature.Date APPUCANT: VttSP Mailing Addr« LL.C ST. PCM/gift Phon* Number: I certify that I am the agent of the legal owner and that all Information on thi* »h«et l*Jrue and correct UMhrlJWit of my knowledge. \,/i / J^^ Signature CIVIL ENGINEER: £ga/fc*i£ Firm: Moiling : <t SOILS ENGINEER: Firm: Mailing Addre*.: Phone Number:(6?!0! State R*gistratk3n Number: Phone Numb*: St«te R«gl«r«tton LANDSCAPE ARCHITECT: Firm: Mailing Addr*c«: ____^^____ ADDITIONAL COMMENTS: Phone Number: f _L State Registration Number: NO. OF DWELLING UNITS: 4fl LFMP ZONE:J^£____ NO. OF LOTS: IMPROVEMENT VALUATION: sewer, water & reclaimed water: Water District (circle one) ^Cafisbad Municipal Water District) streets and drainage: PA- landscape: GRADING QUANTITIES: CY cut Olivenhain NO. OF ACRES: 3<V Vallecitos fill cy remedial cy import/export PLEASE CHECK OFF APPLICATION TYPES ON REVERSE SIDE f:\jOOCa\ttmfOMtS\FfUtOOOti3 HEV04/30/M APPUCATION FOR (CHECK ALL THAT APPLY): D Adjustment Plat D Certificate of Compliance D Dedication of Easement Tvoe: Type: C] Encroachment Permit D Engineering Standards Variance D Final Map DGrading Plancheck D Grading D Improvement Plancheck D Landscape Plancheck D Parcel Map D Quitclaim of Easement Tvoe: Tvoe: D Reversion to Acreage D Street Vacation D Tentative Parcel Map D Certificate of Correction M vr^v uj* * vuxi \sm*& Plancheck Number D Covenant for Easement | 1©Substantial Conformance Exhibit | Type ADJf COC ooe ENCKHCH E5V FM GflPC QJVtfXNQ IPC LPC PM GUTC HTA *TV MS CCX3R COVE ace APPUCATION ACCEPTED BY MASTER PROJECT ID RECEIPT NUMBER PRELIMINARY SIERRA SYSTEM INPUT INITIAL SIERRA SYSTEM INPUT INITIAL R:BASE INPUT INITIAL MASTER RLE NUMBER: F Dothen Drawing Number > Project ID, Deposit/Fees Paid 1 1 ~ ' • ' t DATE STAMP APPUCATION RECEIVED P:\DOCS\MI8FORMS\FRM00063 REV 04/26/95 MAY-15-96 WED 08:21 CITY OF CARLSBAD COMM DE FAX NO, 4380894 f.Ud CITY Oh CARLSBAD - ENGINEERING DEPARTMENT APPLICATION FOR ENGINEERING PLANCHECK OR PROCESSING Complete all appropriate Information. Write N/A whan not applicable. . -.'•• ' PROJECT NAME!"D|g.*A-i K) <PvtFAi.v^DATEl *PROJECT DESCRIPTION: - 34-t - -2.4-" "SD pit/Hi^ PROJECT ADDRESS; UOTNO(S).: A\n>PoiuT MAP NO.: OWNER: Mailing Address: Phone Number: -Fa**«u v I certify that I em the fegal owner end that all the above Information is true and comet to the best of my knowledge. Signature,Date APPLICANT: Mailing Address: . Co. Phone Number: t I certify that I am the agent of theJ thjs sheet Is true^ndVorract to I' Signature owner and that all Information on of my knowledge. • . Date CIVIL ENGINEER: Firm: Mailing Addre**! SOILS ENGINEER: Rrm: Mailing Address: Phone Number I 439-Phone Number. Stale Registration Number State Registration Number. LANDSCAPE ARCHITECT: Firm: Mailing Addww: ADDITIONAL COMMENTS; ffe*ft>$to -*t> 8C. TO Phone Number: £_ etote Reglatrefien Number:. NO. OF DWELLING UNITS: Mft- LFMP ZONE:NO. OF LOTS:. IMPROVEMENT VALUATION: sewer, water & reclaimed water:_±VL£f__ Water District (circle one)£ streets and^faJnageT NOiOFACRgS: Municipal Water District) Olivenhain Vallecitos GRADING QUANTITIES:CY landscape: Cut cy fill remedial cy import/export _. O PLEASE CHECK OFF APPLICATION TYPES ON REVERSE SIDE PADOCSUWISFORMSVFHMOOOea ftCV 04/21 CITY OF CRLSBAD - ENGINEERING i APARTMENT APPLICATION FOR ENGINEERING PLANCHECK OR PROCESSING Complete all appropriate information. Write N/A when not applicable. PROJECT NAME: /MfZ~ M5<M DATE: &~ /3~ ?6 PROJECT DESCRIPTION: PROJECT ADDRESS: LOT NO(S).: MAP NO.: APN(S).: OWNER: Mailing Address: -- Phone Number: ( ) 1 certify that 1 am the legal owner and that all the above information is true and correct to the best of my knowledge. Signature Date CIVIL ENGINEER: Firm: Mailing Address: Phone Number: ( ) State Registration Number: LANDSCAPE ARCHITECT: Firm: Mailing Address: Phone Number ( ) State Registration Number: APPLICANT: Maiiina Address: Phone Number: ( ) 1 certify that 1 am the agent of the legal owner and that all information on this sheet is true and correct to the best of my knowledge Sianature Date SOILS ENGINEER: Rrm: Maiiina Address: Phone Number: [ } State Registration Number: ADDITIONAL COMMENTS: NO. OF DWELLING UNITS: LFMP ZONE: NO. OF LOTS: NO. OF ACRES: IMPROVEMENT VALUATION: sewer, water & reclaimed v\ Water District (circle one): Carlsbad Municipal Water Disl streets and drainaqe: landscape /ater: trict Olivenhain Vallecitos s: GRADING QUANTITIES: CY cut cv fill cv remedial cy import/export cy PLEASE CHECK OFF APPLICATION TYPES ON REVERSE SIDE P:\DOCS\M1SFORMS\FRM00063 REV 04/28/95 APPLICATION FOR (CHECK ALL THAT APPLY): D Adjustment Plat O Certificate of Compliance D Dedication of Easement Type: Type: D Encroachment Permit D Enqineerinq Standards Variance D Final Map DGradinq Plancheck D Gradinq In improvement Plancheck D Landscape Plancheck D Parcel Map D Quitclaim of Easement Type: Type: D Reversion to Acreage D Street Vacation D Tentative Parcel Map D Certificate of Correction D Covenant for Easement D Substantial Conformance Exhibit llililllllfIllllillll ||l||ll|llil;l mxttxym$*3®sffifHislssiWHSgii lllililliiiili Illllllllllli lllllllllll illlllllllli ;•;•:•: •/ : : : : ::x ':: :-x:x- :•;•;';':•:-;';-:-:'>:•:>;•:•>' v -;./.•. •.-.•,-.;.;. v,-.x.;,v. •.•:-.-,-,•:•:•.•.•.•,-:.;.;....•; • • ;: : • ':'•':'• •: •:•>••:•:• :•:•::-: •;>: : :: ::x-:-:: :-:-:' :: :•;•:•:•:•:- : •:•:-"•: : : -:':: : vx'i- :• :' :-:-:•''•-•-'-: ;•'.':• :•£•;•;•;• :• ;' :• ; • mmmmmmm |1||I||||||| |ligii|l||||l| illlllBllil WM#i@8tM$MMtMmSmmi; liiiiiill Illllllllil ;|lll|||i||| ||||^|i|I|i lllllili|li| :;:¥:::':-x:x-W:^:Wxo:;i::::v:: |l^|i|i|||| Iliillll iliilli SssiJiftiSsSsss*iiiiiliiill ||||i|||||i lllliiwlliiil:;ss§j;^i?*i¥;;s*¥l MmtiMimM^^mm^m: :SkSJC^nercsJ:iHW w^^^9^^^^9^^^9^^^9^W^^^^^^^^^^^^M £&Q+Xy£y&X-£X$:£. mmmmzmm w$imi;$$®i&wx^ftfrnrnzw*w^m^mf&m Wfzzf&Kfm-mz mm^^mim mmmmmm® mmmmmmmi lllllllllll ipiiillill ?:S:;S;S:?S*:SS?S5!5*5 llliilllliill ;::|fiS:pm|lH|x§S| SSiitSSSiSSiiiiSSS ^y^^^^ff^f^I-:-:-:-:-;-:-;-:-:-:':-;-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:•:•:-:•;•:•:-:-:•:•:•:•:•;•:•:•:•:-:•:•:•:•:•:•:•:•:•:•:• iliiilllll SrlSSiJj^islgsSs viSfillillJlliil ymmsmmM ::::::-:::-:::>::W:^:V:::^:::^:^;::: ::::-:::;-.-:-:::::::::::::::-:-:-:::-:-:.:-:-:::::-::: ::>^::;>>i:S::':'x^-::^^ >>;:^::::::v:::::'-:>':::::::::::::::::::::;:::::::::::;:::::::::::'-:::::': lliiiiS^SSi^li -:-:-:-:-:-:->:-:-:.:::-:-:-:-:-:-:-:-x-:-;-:-:':-:-:':-:-:-:-:-:-:-i-:-:':. ?:855*f^SK?^^^^Si::¥:: iS^f^^^!^^;^::^SM ::^x'^ivS-:v>:::-^^ llliiiiiiiiiip: Illllllllilillllliiil^ P:\DOCS\MISFORMS\FRM00063 REV04/2B3E PROJECT PLAN REVIEW COMPLETION The following project plans have been reviewed and are recommended for approval: Project Name: flV/VP- V/LST/U &?u lO P/Vfry Project No:. Drawing No:. Sheets No. /-11 MJ throuah DECLARATION OF RESPONSIBLE CHARGE I hereby declare that I have exercised responsible charge over the plan review of this project as defined in Section 6703 of the Business and Professions Code to determine that the plans are found to be in substantial compliance with applicable codes and standards. Plan review of these project drawings does not relieve the Engineer of Work of the responsibilities for the project design. (seal) Firm:Ellorin Consulting Engineers Address: 1045 ^i^da Vista Drive, Suite 106 San Marcos,., CA 92069 Telephone: . (7&Q> 744-498? \ P.E. (CJvil)oD Rev. 2/8/96 F:\USERS\RALLE\WPDATA\PLANREV.EL STATE OF CALIFORNIA—THE RESOURCES AGENCY PETE WILSON, Governor CALIFORNIA COASTAL COMMISSION SAN DIEGO COAST AREA 3111 CAMINO DEL RIO NORTH, SUITE 200 SAN DIEGO, CA 92108-1725 (619) 521-8036 Date Julv 19, 1996 Application No. Page 1 of 4_ 6-96-46 NOTICE OF INTENT TO ISSUE PERMIT On July 12. 1996 application of the attached standard and special below: , the California Coastal Christa M. McRevnolds ___ __ Commission approved the subject to conditions, for the development dascribed Description:Residential subdivision (Mar Vista) creating 49 residential lots, including 47,000 cy. of grading on 34.3 acres; project includes creation of a 19.2 acre open space lot, construction of local public roadways, sidewalks, curbs, gutters, and installation of drainage facilities. Residential construction in not included in this permit. Lot Area Zoning Plan Designation 34.3 acres R_1_7500-Q One-family Residential Development overlay) (w/Qualified Site:South of Palomar Airport Road, east of Paseo del Norte and north of Camino de las Ondas, Carlsbad, San Diego County. APN 211-040-14 The permit will be held in the San Diego District Office of the Commission, pending fulfillment of Special Conditions 1 - 6 . When these conditions have been satisfied, the permit will be issued. CHARLES DAMM DISTRICT DIRECTOR BY RECEIVED JUL 23 1996 LADWI6 DESIGN OR NOTICE OF INTENT TO ISSUE PERMIT NO. Page 2 of 4 6-96-46 STANDARD CONDITIONS: 1. Notice of Receipt and Acknowledgement. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced, the permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Compliance. All development must occur in strict compliance with the proposal as set forth below. Any deviation from the approved plans must be reviewed and approved by the staff and may require Commission approval. 4. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. 5. Inspections. The Commission staff shall be allowed to inspect the site and the development during construction, subject to 24-hour advance notice. 6. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 7. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. SPECIAL CONDITIONS: The permit is subject to the following conditions: 1. Open Space Deed Restriction. Prior to the issuance of the coastal development permit, the applicant shall record a restriction against the subject property, free of all prior liens and encumbrances, except for tax liens, and binding on the permittee's successors in interest and any subsequent purchasers of any portion of the real property. The restriction shall prohibit any alteration of landforms, removal of vegetation or the erection of structures of any type, except the sewer and drainage facilities herein approved, in the area shown on the attached Exhibit "5", and generally described as follows: the dual criteria slopes and coastal sage scrub/riparian scrub area as shown on the Slope Analysis dated 1/20/95. The recording document shall include legal descriptions of both the applicant's entire parcel(s) and the-restricted area, and shall be in a form and content acceptable to the Executive Director. Evidence of recordation of such restriction shall be subject to the review and written approval of the Executive Director. NOTICE OF INTENT TO ISSUE PERMIT NO. 6-96-46 Page 3 of 4 SPECIAL CONDITIONS, continued: 2. Grading and Erosion Control. Prior to the issuance of the coastal development permit, the applicant shall submit to the Executive Director for review and written approval, in consultation with the Department of Fish and Game, final grading plans approved by the City of Carlsbad. Grading activities shall be permitted between October 1st and February 15th subject to the following criteria: a. All temporary and permanent runoff and erosion control devices shall be developed and installed prior to or concurrent with any on-site grading activities. b. All areas disturbed, but not completed, during the dry season, including graded pads, shall be stabilized in advance of the rainy season. The use of temporary erosion control measures, such as berms, interceptor ditches, sandbagging, filtered inlets, debris basins, and silt traps shall be utilized in conjunction with plantings to minimize soil loss from the construction site. Said planting shall be accomplished under the supervision of a licensed landscape architect, shall provide adequate coverage within 90 days, and shall utilize vegetation of species compatible with surrounding native vegetation, subject to Executive Director approval. 3. Drainage/Runoff Control. Prior to the issuance of the coastal development permit, the applicant shall submit final drainage and runoff control plans, approved by the City of Carlsbad. Said plans shall be designed by a licensed engineer qualified in hydrology and hydraulics, and assure no increase in peak runoff rate from the developed site as a result of"a ten-year frequency storm over a six-hour duration (10 year, 6 hour rainstorm). Runoff control shall be accomplished by such means as on-site detention/desilting basin(s). Energy dissipating measures at the terminus of outflow drains shall be constructed. The runoff control plan including supporting calculations shall be submitted to and determined adequate in writing by the Executive Director. 4. Construction Timing/Staging Areas/Access Corridors. Prior to the issuance of the coastal development permit, the applicant shall submit to the Executive Director for review and written approval, a final construction schedule, which shall be incorporated into construction bid documents. The schedule shall also include plans for the location of access corridors to the construction sites and staging areas. Access corridors and staging areas shall be located in a manner that has the least impact on coastal resources. No staging areas or access corridors shall be located within the environmentally sensitive habitat areas on the west and north portions of the site. 5. Agricultural Conversion. Prior to the issuance of the coastal development permit, the applicant shall submit to the Executive Director for review and written approval, evidence that payment of an agricultural NOTICE OF INTENT TO ISSUE PERMIT NO. 6-96-46 Page 4 of 4 SPECIAL CONDITIONS, continued: mitigation fee for converted agricultural lands to urban uses has been received by the City of Carlsbad, consistent with the provisions of the Carlsbad Hello II LCP. 6. Brush Management Program. Prior to the issuance of the coastal development permit, the applicant shall submit for review and approval of the Executive Director, a brush management program. The plan shall include a site plan showing a 60 foot distance beyond all planned structures on lots adjacent to areas of native vegetation, designating those areas subject to selective thinning and pruning. The plan shall indicate that clear-cut vegetation removal for brush management purposes shall not be permitted within required open space areas pursuant to Special Condition #1. Any approved clearing shall be conducted entirely by manual means and shall be the absolute minimum for reduction of fire hazards. 7. Future Development. This permit is for construction of residential bulding pads including grading, landscaping, construction of local public streets, sidewalks, curbs, gutters, and storm drains. Construction of residences on any of the proposed lots shall require review and approval by the Coastal Commission, or its successor in interest, under a separate coastal development permit or an amendment to this permit. (6263N) ! \ rATE OF CAUFOhNIA—THE RESOURCES AGENCY '*""' PgTE WILSON. Governor ,'Ai/lFORNIA COASTAL COMMISSION kNOIEOO COAST AREA • 1Q 1QQR111 CAMINOOEL WO NORTH, SUITE 200 JUHB l», 1SSD U40IE60.CA 92108-1723 119) 521-4038 COASTAL PERMIT APPLICATION PERMIT NUMBER: 6-96-046 ^-CrlvED APPLICANTS: Christa M. McReynolds AU6 2 7 PROJECT DESCRIPTION: Residential subdivision ffftjffigBpB) creating 49 residential lots, including grading on 34.3 acres; project includes creation of a 19.2 acre open space lot, construction of local public roadways, sidewalks, curbs, gutters, and installation of drainage facilities. Residential construction is not included in this permit. PROJECT LOCATION: south of Palomar Airport Rd., east of Paseo Del Norte, Carlsbad (San Diego County) (APN(s) 211-40-14) HEARING DATE AND LOCATION: DATE: July 12, 1996 TIME: Meeting begins at 9:00 AM PLACE: Waterfront Hilton Beach Resort 21100 Pacific Coast Hwy., Huntington Beach, CA 92648 LAOW15 DESIGN (714) 960-7873 HEARING PROCEDURES: This item has been scheduled for a public hearing and vote. People wishing to testify on this matter may appear at the hearing or may present their concerns by letter to the Commission on or before the hearing date. Copies of all correspondence will be provided to the Commission if received a minimum of three working days prior to the public hearing. Written comments may be of any length; oral testimony may be limited to 5 minutes or less for each speaker, depending on the number wishing to be heard. The above item may be moved to the Consent Calendar for this Area by the Executive Director when, prior to Commission consideration of the Consent Calendar, staff and the applicant are in agreement on the staff recommendation. If this item is moved to the Consent Calendar, the Commission will either approve it with the recommended conditions in the staff report or remove the item from the Consent Calendar by a vote of three or more Commissioners. If the item is removed, the public hearing described above will still be held at the point in the meeting originally indicated on the agenda. No one can predict how quickly the Commission will complete agenda items or how many will be postponed to a later date. The Commission begins each session at the time listed and considers each item in order, except in extraordinary circumstances. Staff at the appropriate Commission office can give you more information prior to the hearing date. Questions regarding the report or the hearing should be directed to Laurinda Owens, Coastal Program Analyst, at the San Diego Coast Area office. <IC CALIFORNIA COASTAL COMMISSION STATE OF CALIFORNIA—THE RESOURCES AGENCY PETE WILSON, CALIFORNIA COASTAL COMMISSION SAN DIEGO COAST AREA 3111 CAMINO 061 itIO NORTH. SUITE 200 SAN OIEGO. CA 92108-1773 (619) 521-8036 Filed: 49th Day: 180th Day: Staff: Staff Report: Hearing Date: March 19, 1996 May 7, 1996 September 15, 1996 LRO-SO June 3, 1996 July 9-12, 1996 REGULAR CALENDAR STAFF REPORT AND PRELIMINARY RECOMMENDATION Application No.: 6-96-46 Applicant: Mrs. Christa M. McReynolds Agent: Robert C. Ladwig Description:Residential subdivision (Mar Vista) creating 49 residential lots, including 47,000 cy. of grading on 34.3 acres; project includes creation of a 19.2 acre open space lot, construction of local public roadways, sidewalks, curbs, gutters, and installation of drainage facilities. Residential construction in not included in this permit. Lot Area Zoning Plan Designation 34.3 acres R_l_750p-Q One-family Residential Development overlay) (w/Qualified Site:South of Palomar Airport Road, east of Paseo del Norte and north of Camino de las Ondas, Carlsbad, San Diego County. APN 211-040-14 Substantive File Documents: Certified City of Carlsbad Mello II Segment LCP; City of Carlsbad Mitigated Negative Declaration - 10/3/95; City of Carlsbad Planning Commission Resolution #s 3872, 3873, 3874, 3875, 3876, 3877; City Council Resolution #96-77; Mooney and Associates Biological Report - dated 6/95 and 8/95; RECON letter (Biology and Gnatcatcher Surveys) - 6/20/96; Letter from the U.S. Fish and Wildlife Service - 3/6/96; and, CDP #s 6-95-141 / Toyohara and 6-95-1 41 /Carlsbad Municipal Water District. . JUN21696 Summary of Staff's Preliminary Recommendation:— - LAOW1S DESIGN Q Staff ts- recommending approval of the proposed project as impacts to disturbed coastal sage scrub habitat are minimal (0.05 acres off-site) for construction of an access road to the site and the impacts will be mitigated. Special conditions address preservation of sensitive resources as open space; grading/erosion "control and drainage/runoff control plans; construction timing and staging areas; mitigation for conversion of former agricultural lands to urban uses; a brush management program requiring no clearcutting of sensitive vegetation in open space areas; and, future development. It is believed the conditions are acceptable to the applicant. 6-96-46 Page 2 PRELIMINARY STAFF RECOMMENDATION: The staff recommends the Commission adopt the following resolution: I. Approval with Conditions. The Commission hereby grants a permit for the proposed development, subject to the conditions below, on the grounds that the development, as conditioned, will be in conformity with the adopted Local Coastal Program, and will not have any significant adverse impacts on the environment within the meaning of the California Environmental Quality Act. II. Standard Conditions. See attached page. III. Special Conditions. The permit is subject to the following conditions: 1. Open Space Deed Restriction. Prior to the issuance of the coastal development permit, the applicant shall record a restriction against the subject property, free of all prior liens and encumbrances, except for tax liens, and binding on the permittee's successors in interest and any subsequent purchasers of any portion of the real property. The restriction shall prohibit any alteration of landforms, removal of vegetation or the erection of structures of any type, except the sewer and drainage facilities herein approved, in the area shown on the attached Exhibit "5", and generally described as follows: the dual criteria slopes and coastal sage scrub/riparian scrub area as shown on the Slope Analysis dated 1/20/95. The recording document shall include legal descriptions of both the applicant's entire parceHs) and the restricted area, and shall be in a form and content acceptable to the Executive Director. Evidence of recordation of such restriction shall be subject to the review and written approval of the Executive Director. 2. Grading and Erosion Control. Prior to the issuance of the coastal ..development permit, the applicant shall submit to the Executive Director for - review-and written approval, in consultation with the Department of Fish and Game, final grading plans approved by the City of Carlsbad. Grading activities shall be permitted between October 1st and February 15th subject to the following criteria:.-.'•.• • '• •.• . '• ; •! -. '.''j.--. _ a. All temporary and permanent runoff and erosion control devices shall be developed and installed prior to or concurrent with any on-site grading activities. b. All areas disturbed, but not completed, during the dry season* including graded pads, shall be stabilized in advance of the rainy season. The use of temporary erosion control measures, such as berms, interceptor ditches, sandbagging, filtered inlets, debris basins, and silt traps shall be utilized in conjunction with plantings to minimize soil 6-96-46 Page 3 loss from the construction site. Said planting shall be accomplished under the supervision of a licensed landscape architect, shall provide adequate coverage within 90 days, and shall utilize vegetation of species compatible with surrounding native vegetation, subject to Executive Director approval. 3. Drainage/Runoff Control. Prior to the issuance of the coastal development permit, the applicant shall submit final drainage and runoff control plans, approved by the City of Carlsbad. Said plans shall be designed by a licensed engineer qualified in hydrology and hydraulics, and assure no increase in peak runoff rate from the developed site as a result of a ten-year frequency storm over a six-hour duration (10 year, 6 hour rainstorm). Runoff control shall be accomplished by such means as on-site detention/desiIting basin(s). Energy dissipating measures at the terminus of outflow drains shall be constructed. The runoff control plan including supporting calculations shall be submitted to and determined adequate in writing by the Executive Director. 4. Construction Timing/Staging Areas/Access Corridors. Prior to the issuance of the coastal development permit, the applicant shall submit to the Executive Director for review and written approval, a final construction schedule, which shall be incorporated into construction bid documents. The schedule shall also include plans for the location of access corridors to the construction sites and staging areas. Access corridors and staging areas shall be located in a manner that has the least impact on coastal resources. No staging areas or access corridors shall be located within the environmentally sensitive habitat areas on the west and north portions of the site. 5. Agricultural Conversion. Prior to the issuance of the coastal development permit, the applicant shall submit to the Executive Director for review and written approval, evidence that payment of an agricultural mitigation fee for converted agricultural lands to urban uses has been received by the City of Carlsbad, consistent with the provisions of the Carlsbad Mello II LCP. 6. Brush Management Program. Prior to the issuance of the coastal •development permit, the applicant shall submit for review and approval of the Executive Director, a brush management program. The plan shall include a site plan showing a 60 foot distance beyond all planned structures on lots adjacent to areas of native vegetation, designating those areas subject to selective thinning and pruning. The plan shall indicate that clear-cut vegetation removal for brush management purposes shall not be permitted within required open space areas pursuant to Special Condition #1. Any approved clearing shall be conducted entirely by manual means and shall be the absolute minimum for reduction of fire hazards. 7. Future Development. This permit is for construction of residential bulding pads including grading, landscaping, construction of local public streets, sidewalks, curbs, gutters, and storm drains. Construction of residences on any of the proposed lots shall require review and approval by 6-96-46 Page 4 the Coastal Commission, or its successor in interest, under a separate coastal development permit or an amendment to this permit. IV. Findings and Declaration!. The Commission finds and declares as follows: 1. Project Description. The applicant is proposing a tentative map for a residential subdivision including the creation of 49 residential lots, ranging in size from 7,500 sq.ft. to 35,298 sq.ft., and a 19.2-acre open space lot. Grading will consist of 47,000 cy. of balanced cut and fill to construct building pads, internal roads, sidewalks, curbs and gutters, storm drains and infrastructure improvements. Residential construction on the building pads is not proposed with this permit application and will be subject to a future coastal development permit. As part of the subject proposal, the applicant is requesting an extension of time to perform necessary grading to February 15th, with installation of appropriate erosion and runoff control devices. Generally, grading is prohibited during the rainy season between October 1st and April 1st of any year under the certified LCP. The subject property is a vacant parcel located south of Palomar Airport Road, east of Interstate-5, in an area of Carlsbad that has been used for agricultural purposes in the past. The site is currently being cultivated with bean crops. The area of the parcel proposed for the residential subdivision is limited to that area of the site that has historically been farmed and generally described as the eastern half of the parcel. The site is immediately adjacent to the Emerald Ridge Nest residential subdivision, which is being processed concurrently with the subject project under COP #6-96-53, and which is located on the same mesa top that is presently being used for agricultural purposes. The surrounding neighborhood is largely undeveloped with vacant land to the north, east and south. Multi-family residential development exists to the west. The western half and northern area of the site consists of a canyon that contains approx. 8.5 acres of on-site steep slopes and native vegetation which is proposed to be placed in.open space as a part of the subject proposal. The area to the north includes Encinas Creek. Presently Poinsettia Community Park, which is immediately to the south of the site, is under construction. The proposed project also includes the construction of "A" Street off of Calle Serena (formerly Cherry Blossom Drive) to the south to provide access to the subject site, as well as interior roads within the subdivision. Calle Serena will receive access off of Hidden Valley Road, which was approved by the Commission pursuant to COP #6-94-131/Toyohara in March, 1995 to be extended from Camino de las Ondas to Palomar Airport Road; construction of Hidden Valley Road is presently underway. 2. Sensitive Habitat Areas. Relevant policies which address protection of environmentally sensitive habitat areas include Policy 3-1 of the certified Mello II LCP, "Slopes and Preservation of Vegetation" which states: \ 6-96-46 Page 5 Certain areas of the Carlsbad coastal zone have very high habitat value. These areas are not suitable for farming. These areas exhibit a large _number and diversity of both plant and animal species, several of which "are threatened because of extensive conversion of mixed chaparral and coastal sage scrub habitats to urban or agricultural uses. Also, well-established and well-maintained vegetation is a major deterrent to soil erosion and attendant difficulties. Unless specifically addressed in other policies of this Land Use Plan, the vegetation on steep slopes shall be maintained so that natural habitats are preserved and soil erosion is minimized. The policies of the certified Mello II segment of the City's LCP also contain the following language regarding the development of steeply sloping hillsides with native vegetation: Grading and Erosion Control a) For those slopes mapped as possessing endangered plant/animal species and/or coastal sage scrub and chaparral plant communities, the following shall apply: 1) Slopes of 251 grade and over shall be preserved in their natural state, unless the application of this policy would preclude any reasonable use of the property, in which case an encroachment not to exceed 101 of the steep slope area over 251 grade may be permitted. For existing legal parcels, with all or nearly all of their area in slope area over 251 grade, encroachment shall be permitted, however, any such encroachment shall be limited so that at no time is more than 201 of the entire parcel (including areas under 251 slope) permitted to be disturbed from its natural state. This policy shall not apply to the construction of roads of the City's Circulation Element or the development of utility systems. Uses of slopes over 251 may be made in order to provide access to flatter areas if there is no less environmentally damaging alternative available. The subject site is located in the area subject to the Mello II segment of the City of Carlsbad's LCP and the Coastal Resource Protection Overlay Zone. Steep slope areas are afforded special status due to the presence of naturally occurring chaparral/coastal sage scrub which provides valuable natural habitat. The LCP regulations pertaining to steep slopes as drafted by the City and certified by the Commission protect those slopes of 251 grade and greater that contain coastal sage scrub and chaparral vegetation. As noted previously, the eastern half of the property is presently being used for agriculture. Most of the site contains very gently sloping topography that rises from west to east. The western half of the property consists of a finger canyon which continues north and connects with Canyon de las Encinas. The flat developable areas of the site are bordered by steep slopes along the west and north. According to information contained in the mitigated Negative Declaration for the subject project, six vegetation types were identified on 6-96-46 Page 6 the property consisting of ruderal/agriculture on the mesa; pampas grass, diegan coastal sage scrub, and southern mixed chaparral along the steeper slopes; and riparian southern willow scrub and baccharis/mule fat in the canyon. As part of the environmental review process, a biological resource field survey was prepared for the project by RECON, dated January 1995 and updated June, 1995. In addition, a biological survey report was done for the adjacent property (Emerald Ridge West) by Brian Mooney and Associates, dated August 1995. The "threatened" coastal California gnatcatcher was observed in the Diegan coastal sage scrub and the mule fat scrub along the west side of the site. The studies conclude that all of the sensitive plant species would be preserved in the proposed 19.24 acre open space lot. As such, the habitat areas for this sensitive bird species will be preserved. A s-lope encroachment analysis and vegetation survey dated 1/20/95 for the subject proposal indicates that about 241 (8.5 acres) of the total site area (34.3 acres) are 251 grade or greater and contain mixed chaparral and coastal sage scrub plant communities (dual criteria slopes). All high-quality CSS habitat in this area would be preserved in open space. As further identified in the biology report, the only sensitive habitat proposed to be impacted consists of 0.05 acres of off-site disturbed coastal sage scrub habitat (CSS) for purposes of constructing the extension of Calle Serena (formerly Cherry Blossom Road) which will provide access to the site from future proposed Hidden Valley Road to the east of the site. (The proposed encroachment, is the same O'.OS acres of impacted CSS discussed in CDP #6-96-53/Emerald Ridge West, which is being processed concurrently with the subject permit). The proposed access road will extend west across the Emerald Ridge West subdivision just east of the subject site. As noted previously, the extension of Hidden Valley Road is presently under construction. The project has been conditioned by the City to mitigate the off-site 0.05- acre CSS impact by acquiring, for preservation, comparable quality habitat at a ratio of 1:1. The applicant has proposed to mitigate this impact by purchasing 0.05 acres of Coastal Sage Scrub habitat within the high quality, coastal sage scrub area found in the Carlsbad Highlands mitigation bank. The proposed mitigation has been reviewed and endorsed by the U.S. Fish and Wildlife Service (LJSFWS). In addition, in its approval of the proposed development, the City found the project consistent with the Hillside Ordinance in that the proposed grading avoids steep slopes, manufactured slopes will not exceed 30 feet in height and will follow the natural contours, grading volumes will not exceed 7,900 cy. per graded acre, roads will tie curvilinear and follow the natural contours, and future homes would be set back, from the edge of the hillside. The City has used its "Zone 20 Specific Plan" as the standard of review for this project. Th.at plan provides a master plan for the buildout of the City's Zone 20 planning area, which contains the subject parcel and surrounding parcels of mostly vacant land, and a number of environmentally sensitive areas. While the Zone 20 Plan has been approved at the local level, it has 6-96-46 Page 7 not been submitted to the Commission for review and certification of its consistency with the Coastal Act. Thus, the policies of the Mello II LCP are the standard of review. As noted in this report, the Commission finds the proposed impacts to disturbed coastal sage scrub off-site for an interior roadway (Street "A") leading from Calle Serena (formerly Cherry Blossom Road) are acceptable, as the area is not high-quality habitat and the proposed impacts are being mitigated to the satisfaction of the USFWS. It should also be mentioned that a sewer line has been approved under CDP #6-95-141 which will provide service not only for the Mar Vista subdivision but also Emerald Ridge Nest, Sambi Seaside Heights, portions of Greystone Homes and the community park (Poinsettia Park). The sewer will run down the north rim of the developable area to an existing manhole in Encinas Creek and will follow a ravine from the top of the slope to the bottom. A proposed storm drain will follow the same alignment as the sewer. The alignment was found to be the least environmentally damaging alternative as no native habitat or sensitive species would be impacted. The Mello II LCP also prohibits development in wetlands, pursuant to Policy #3-7, unless there is no feasible less environmentally damaging alternative. The northwestern portion of the site contains riparian vegetation associated with Encinas Creek. However, this area will remain in open space and will not be disturbed as a result of the proposed project. As such, the proposed development will be consistent with the certified LCP. Brush management for fire safety is proposed for the subject project. A 60-foot setback along the rear of Lots 2 through 21 and 29 through 31 for purposes of native habitat protection and fire suppression is required by the City. Mo development is permitted in the 60-foot buffer area. Pursuant to the City's Landscape Technical Manual, selective thinning and clearing consistent with Zone 2 and Zone 3 brush management requirements is permitted. The manual identifies three brush management zones, each 20 feet in width, where vegetation removal and thinning is required to protect homes from fire hazard when they are proposed to be located next to mature, naturally vegetated areas. Although it is the Commission's practice to allow selective thinning in open space areas as part of brush management to protect homes from fire hazard, the Commission has historically found that Zone 1 clearcutting requirements must not occur in open space areas. However, in this particular case, there is no native vegetation in the designated Zones 2 or 3 for the proposed subdivision as each lot will observe a 60-foot setback from such areas. Special Condition #6 requires the applicant, to submit a brush management plan showing a 60 foot distance beyond all planned structures on lots adjacent to native vegetation. The plan shall indicate that clearcut vegetation removal for brush management purposes shall not be permitted within proposed open space areas. Any approved clearing shall be conducted entirely by manual means and shall be the absolute minimum for the reduction of fire hazards. The Commission recognizes that each case must be considered on" a site specific basis and the City of Carlsbad Fire Department has found that a 60-foot structural setback from open space is acceptable to mitigate fire hazard. The \ 6-96-46 Page 8 City has conditioned the project such that no removal of vegetation can occur in the open space area. However, the Commission itself has historically prohibited clearcutting in open space areas and as such has conditioned the project to this effect, as described above. Regarding grading and erosion control, approximately 47,000 cubic yards of grading is proposed to be balanced on-site, resulting in cut and fill slopes of up to 19 feet in height. The grading of the property has the potential to- indirectly impact sensitive off-site resources located in Canyon de las Encinas. The City's approval requires all building pad and street areas that are graded and remain vacant or undeveloped for a period of more than six months after the grading operation is completed to be seeded and adequately irrigated to reduce erosion and visual impacts. The applicant has also requested as part of the subject proposal to extend the grading period for the proposed project into the rainy season between October 1st and February 15th to allow sufficient time to complete necessary grading associated with the project. The USFWS has also recommended that grading and construction of the proposed project be limited to the non-breeding season of the gnatcatcher between August 1 and February 15. According to the Service, minimizing impacts associated with noise within the remaining areas of coastal sage scrub during grading and construction may help to reduce disturbance to the gnatcatcher. The City of Carlsbad permits grading to occur within the restricted time period provided that drainage and erosion control devices are in place. The applicant thus proposes to install temporary desiltation basins at the beginning of grading activities, along with temporary erosion control devices and installation of erosion control planting. Drainage from the subdivision will be collected in a drainage system and discharged with proper energy dissipation. Lot drainage will be directed away from new slopes. In this particular case, since the drainage from the site will discharge to Encinas Creek rather than to a much larger ecosystem such as a lagoon, the extension of time for grading into the rainy season can be found acceptable and has been permitted in similar projects. In addition, since the extension of time to complete all grading activities requested by the applicant coincides with the time frame that USFWS would recommend that grading and construction occur, extension of the grading period should not adversely affect the sensitive wildlife habitat or biological resources downstream in the area, provided that all erosion control devices are in place well in advance of the onset of grading activities. Regarding drainage and runoff control, the LCP addresses protection of downstream impacts to sensitive areas. It requires that runoff rates from developed sites not exceed natural runoff rates resulting from a 10 year storm of moderate intensity. Additionally, to mitigate drainage impacts from project sites, adequate devices must be installed for drainage and erosion control, and urban pollutant basins must be provided. To comply with these water quality standards, the City has required the applicant to install erosion control devices pursuant to the requirements of the Mello II LCP. Special Conditions #2 and #3 require the submittal of final grading, drainage, and erosion control plans designed to avoid erosion and subsequent 6-96-46 Page 9 sedimentation impacts to the sensitive resources associated with drainage from the developed site. Special Condition #3 further requires final drainage plans designed to assure no increase in the peak rate of runoff associated with the developed site when compared to undeveloped conditions. These requirements are consistent with the language contained in the Carlsbad LCP and past Commission precedent. In order to identify staging areas and access corridors so that sensitive habitat areas are not disturbed for this purpose, Special Condition #4 requires final plans for the location of access corridors to the construction sites and staging areas. Access corridors and staging areas shall be located in a manner that has the least impact on coastal resources. No staging areas or access corridors shall be located within the environmentally sensitive habitat areas located along the naturally vegetated areas on the west and north areas of the site. In summary, the proposed project will avoid all impacts to dual criteria slopes and the applicant has proposed a mitigation plan for the 0.05 acres of disturbed coastal sage scrub impacts off-site that will result from construction of "A" Street. As such, the Commission finds the project, as conditioned, complies with the slope preservation and environmentally sensitive habitat area provisions of the Mello II LCP. 3. Agriculture. The level portions of the project site support agricultural use and the site is located in the Coastal Agricultural Overlay Zone (Site II) of the Hello II segment of the City's LCP. The soils of the site, however, are not regarded as prime Class I or II agricultural soils. The Hello II LCP requires mitigation when non-prime coastal agricultural land is converted to urban land uses. Sections 30241 and 30242 of the Coastal Act concern the protection of agricultural lands. In 1981, when the Carlsbad Hello II LCP segment was certified by the Commission, the two major concerns were preservation of agricultural uses and protection of environmentally sensitive habitats. Regarding agricultural preservation, a major issue was minimizing agricultural versus urban impacts by developing stable urban/ agricultural boundaries. For the most part, the certified LCP accomplished this objective by concentrating development along 1-5, Palomar Airport Road, and the El Camino Real transportation corridors and preserving the interior areas, where public infrastructure is lacking, for continued agricultural use. Hajor amendments to the LCP certified by the Commission in 1985 significantly changed the policies of the LCP regarding agricultural preservation. Those amendments essentially allowed for conversion of almost all the agriculturally-designated lands within the City's Hello I and Hello II segments. The LCP provides three mitigation options for such conversions for projects in Site II of the Coastal Agricultural Overlay Zone: (1) "Prime Land Exchange"; (2) "Determination of Agricultural Feasibility"; and (3) "Agricultural Conversion Hitigation Fee". The implementing ordinances of the LCP, as modified in 1985, contain the specific requirements for implementing the three options of the LCP. The 6-96-46 Page 10 applicant has chosen the third option for conversion which provides for the payment of an agricultural mitigation fee of between 55,000 and $10,000 per each net converted acre of non-prime agricultural land. The funds accrued from the mitigation fees are to be used in the restoration and enhancement of natural resources, public access opportunities, and preservation of agricultural lands in Carlsbad. The mitigation fee requirement is triggered at the-time that a coastal development permit for "urban development" is considered. Specifically, subsection 21.070-c calls for such fees to be paid "prior to the issuance of building permits for the project". As noted, the subject property is in the (C-A) zone and is, thus, subject to the requirements of the LCP regarding agricultural lands. The proposed use clearly constitutes an urban conversion. The City's approval requires payment of between $5,000 to $10,000/acre as a mitigation fee. The City will determine the exact amount of the fee prior to final approval of the tentative map. The Commission finds this option acceptable provided evidence is submitted that the fee has been paid, consistent with the provisions of the attached Special Condition #5. Only as conditioned can the Commission find the subject project and conversion of agricultural lands consistent with the agricultural policies of the certified Hello II LCP. 4. Visual Impacts. Section 30251 of the Coastal Act and the certified Mello II LCP state that new development must be sited and designed to not adversely impact scenic features. The project site is located in the southern portion of the City of Carlsbad. This area is primarily agricultural land surrounded by either existing medium density residential projects or planned medium density residential projects. Due to existing development to the west which is at a somewhat higher elevation than the subject site, development on this site is not visible from Interstate-5 or the beaches to the west. However, the site is visible from Palomar Airport Road to the north, which is designated as a scenic roadway in the City's General Plan, and contains the Qualified Development Overlay zone. Through application of this overlay zone, it can be assured that future proposed residential development on the site will be designed in a manner to protect the scenic views from this roadway. When the City and Commission review the site development plans for future development of homes on the property, subject to a future coastal development permit, special design measures will be implemented as a result of the overlay, which may include the following: reduced building height along the top of the ridgelines, varying rooflines and roof massing, increased landscape screening, earth tone roof and building wall material and colors, increased building separation, and enhanced rear building elevations for those homes that will be visible from Palomar Airport Road. Therefore, the Commission finds that the subject development is consistent with the visual resource policies of the certified Mello II LCP. 5. Local Coastal Planning. Sections 30170(f) and 30171 of the Coastal Act were special legislative amendments which required the Commission to adopt and implement a Local Coastal Program for portions of the City of Carlsbad and County islands prior to specific statutory dates. In reviewing development 6-96-46 Page 11 proposals, the Commission must essentially act like local government and assess whether a project is consistent with the implementing zone and other policies of the certified LCP. In this case, such a finding can be made for the proposed development, as conditioned. The project site was rezoned from PC (Planned Community) to One-Family Resdiential with the Qualified Development Overlay (R-1-7500-Q) pursuant to LCP Amendment #2-968 to the Hello II segment of the City's certified LCP, approved by the Commission in June, 1996. The site is planned for residential uses (Residential Medium at 4 to 8 dwelling units per acre) in the City of Carlsbad's certified Local Coastal Program (LCP). The proposed project density, at 2.84 dua, is consistent with these designations. As noted by the City, in this case, the new zone of R-1-7500-Q is more restrictive than the former PC zone as it contains more development standards with regard to the siting of new development on individual lots. Therefore, the Commission finds the subject proposal consistent with the certified LCP and project approval should not prejudice the City's ability to continue, to implement its certified LCP. 6. California Environmental Quality Act Section 13096 of the Commission's administrative regulations requires Commission approval of the coastal development permit to be supported by a finding showing the permit, as conditioned, to be consistent with any applicable requirements of the California Environmental Quality Act (CEQA). Section 21080.5(d)(2)(i) of CEQA prohibits a proposed development from being approved if there are feasible alternatives or feasible mitigation measures available which would substantially lessen any significant adverse impact which the activity may have on the environment. The proposed project has been conditioned in order to be found consistent with the policies of the certified LCP which address hillside development and protection'of environmentally sensitive areas. Mitigation measures, including conditions addressing preservation of naturally vegetated steep slopes in open space; mitigation for coastal sage scrub and riparian impacts; grading and erosion control; drainage/runoff control; construction timing/staging and access corridors; payment of agricultural conversion fees; and, a brush management program, will minimize all adverse environmental impacts. As conditioned, the proposed project complies with the slope preservation and environmentally sensitive habitat area provisions of the Mello II LCP. Therefore, the Commission finds that the proposed project, as conditioned, is the least environmentally-damaging feasible alternative and can be found consistent with the requirements of the certified LCP to conform to CEQA. STANDARD CONDITIONS: 1. .Notice of Receipt and Acknowledgement. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission 6-96-46 Page 12 office. 2. Expiration. If development has not commenced, the permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Compliance^ All development must occur in strict compliance with the proposal as set forth below. Any deviation from the approved plans must be reviewed and approved by the staff and may require Commission approval. 4. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. 5. Inspections. The Commission staff shall be allowed to inspect the site and the development during construction, subject to 24-hour advance notice. 6. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 7. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. (6046R) EXHIBIT NO. 1 APPLICATION NO. Location Maps APPLICATION NO. CK California Coastal Commission !i$ 8 PI S1 II S ifi 'I i ifHi 3if | if % i i? i ii a i!i 11 it p s3 M % 11 111 fl 111 II! ! a illisif " HliPPplf i!11t!illil!1Pp<Sm$1 555 il 5 si 'II IS: i ••} r5|c|* WI gi is sjl sifi? -• • £%l* STj ill ** * »3 M'" : 5 I3I'P C3j ill !? i 3i US :• i is?l« j ?JIPJ III I W II ! 3 IH i IPi Illi: ^1 : ' !K il I II II : f lllili EXHIBIT NO. 3 City of Carlsbad Planning Department PLANNING COMMISSION NOTICE OF DECISION January 10, 1996 Christa McReynolds 2316 Calle Chiquita La Jolla, CA 92037 RE: LCPA 94-04/ZC 94-04/CT 94-11/SDP 94-10/HDP 94-09 - MAR VISTA At the Planning Commission meeting of January 3, 1996, your application was considered. The Commission voted 6-0 (Erwin absent) to APPROVE AS AMENDED your request. Some decisions are final at Planning Commission, and others automatically go forward to City Council. If you have any questions regarding the final dispositions of your application, please call the Planning Department at (619) 438-1161. Sincerely, MICHAEL J. HOlZMILLER Planning Director MJH:JG:kr Enclosed: Planning Commission Resolution No. 3872, 3873, 3874, 3875, 3876, and 3877 c: Robert Ladwig, Ladwig Design Group RECEIVED LADWIG DESIGN OR ,n\>//\ r /vY 2O75 Las Palmas Drive - Carlsbad, California 92OO9-1576 • (619)438-1161 1 PLANNING COMMISSION RESOLUTION NO. 3873 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, 3 | RECOMMENDING APPROVAL OF TWO ZONE 4 CHANGES FROM PLANNED COMMUNITY (PC) TO THE ONE-FAMILY RESIDENTIAL ZONE WITH THE 5 QUALIFIED DEVELOPMENT OVERLAY ZONE (R-l- 7500-Q) AND FROM RESIDENTIAL DENSITY - 6 MULTIPLE WITH THE QUALIFIED DEVELOPMENT OVERLAY ZONE (RDM-Q) TO ONE-FAMILY 7 RESIDENTIAL WITH THE QUALIFIED DEVELOPMENT 8 | OVERLAY ZONE (R-1-7500-Q) ON TWO PROPERTIES I GENERALLY LOCATED NORTH OF CAMINO DE LAS 9 ONDAS, EAST OF PASEO DEL NORTE, AND SOUTH OF PALOMAR AIRPORT ROAD, WITHIN SPECIFIC PLAN 1 ° 203, IN LOCAL FACILITIES MANAGEMENT PLAN ZONE CASE NAME: MAR VISTA 12 CASE NO: ZC 94-04 13 WHEREAS, McReynolds and MSP California LLC have filed a verified14 15 application for certain property to wit: 16 Parcel C of Parcel Map No. 2949, in the City of Carlsbad, County of San Diego, State of California, filed in the office of the County Recorder of San 17 Diego County, August 9, 1974, as File No. 74-216632 of official records. 18 AND All that certain parcel of land delineated and designated as "Description No. 19 1,103.91 Acres" on Record of Survey Map No. 5715, filed in the Office of the County Recorder of San Diego County, December 19, 1960, being a portion 20 of Lot G of Rancho Agua Hedionda, according to Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16, 21 1896, a portion of which lies within the City of Carlsbad, all being in the 22 County of San Diego, State of California. Excepting therefrom that portion lying within Parcels "A", "B", "C" and "D" of Parcel No. 2993 In the City of 23 Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, August 23,1974 as File No. 74-230326 24 of Official Records. 25 with the City of Carlsbad which has been referred to the Planning Commission; and 26 WHEREAS, said verified application constitutes a request for a Zone Change 27 Y„ as provided by Section 21.52 of the Carlsbad Municipal Code; and RECEIVED ^ LADWIG DESIGN GR 1 WHEREAS, the Planning Commission did on the 3rd day of January, 1996 2 hold a duly noticed public hearing as prescribed by law to consider said request; and 3 WHEREAS, at said public hearing, upon hearing and considering all testimony 4 I and arguments, if any, of all persons desiring to be heard, said Commission considered all 5 I ! factors relating to the Zone Change.6 \ 7 \ NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 8 i Commission of the City of Carlsbad as follows: i ji 9 |! A) That the foregoing recitations are true and correct. I B) That based on the evidence presented at the public hearing, the Commission 11 | RECOMMENDS APPROVAL of ZC 94-04, according to Exhibit T, dated j January 3, 1995, attached hereto and made a part thereof, based on the 12 following findings and subject to the following conditions. 13 i Findings: 14 '| 1. That the proposed Zone Change from (PC) to (R-1-7500-Q) and from (RDM-Q) to 15 j (R-1-7500-Q) is consistent with the goals and policies of the various elements of the General Plan, in that the One-Family Residential Zone (R-l-7500) allows residential development which is compatible and consistent with the underlying General Plan Land Use Designation of Residential Medium (RM) for both properties, which allows 4 to 8 residential dwelling units per acre with a Growth Control Point of 6 dwelling units per acre. 19 2. That the Zone Change will provide consistency between the General Plan and Zoning as mandated by California State law and the City of Carlsbad General Plan 20 Land Use Element, in that the One-Family Residential Zone (R-l-7500) is consistent 21 with the Residential Medium (RM) General Plan Land Use Designation. 22 Conditions; 23 1. Approval of ZC 94-04 is granted subject to the approval of the Redrculated 24 Mitigated Negative Declaration, LCPA 94-04, CT 94-11, SDP 94-10, and HDP 94-09. ZC 94-04 is subject to all conditions contained in Planning Commission No. 3872, 25 3874, 3875, 3876, and 3877. 26 27 28 PC RESO NO. 3873 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C O PASSED, APPROVED, AND ADOPTED at a regular Planning Commission of the City of Carlsbad, California, held on the 3rd 1996, by the following vote, to wit: AYES: Chairperson Compas, Commissioners Monroy, Savary and Welshons NOES: None ABSENT: Commissioner Erwin ABSTAIN: None tij/^Am* meeting of the day of January, Nielsen, Noble, <U±J WILLIAM COMPAS, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: <> MICHAEL J.^LZMLLER Planning Director PC RESO NO. 3873 -3- CERTIFICATE OF RESOLUTION OF UDC HOMES, INC. The undersigned, Kevin S. Steele, being an Assistant Secretary of UDC Homes, Inc., a Delaware corporation (the "Corporation"), does hereby certify that the following resolutions were duly and regularly passed and adopted by the directors of the Corporation 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, effective as of January 29, 1996, Jon B. Werner is hereby elected to serve as an Assistant Secretary of the Corporation until his successor has been elected and qualified; FURTHER RESOLVED, that Jon B. Werner, as an Assistant Secretary of the Corporation, should be, and hereby is authorized on behalf of the Corporation to execute (without the necessity for the signature of any other officer of the Corporation), acknowledge, deliver and record (i) applications to governmental bodies to subdivide all or part of any real properly owned by the Corporation in San Diego County, in the State of California, and applications to public utilities in respect to the provision of services to such real property; (ii) easements to public utilities and governmental bodies requested by such public utilities and/or governmental bodies in connection with the development of such real property, (iii) plats, maps, covenants, conditions and restrictions, condominium plans, bonds, subdivision agreements, and documents of like effect pertaining to the development of any such real property, (iv) subdivision questionnaires and other documents appropriate in obtaining public reports relating to such real property, (v) instructions to trustees relating to the foregoing, (vi) purchase contracts, deeds, affidavits of value, preliminary change of ownership forms and closing documents of like effect, and (vii) subcontracts relating to the development of real property, including subcontracts relating to the construction of homes, provided, however, that the authority hereby granted shall not afford any authority to incur any monetary obligation at any one time in excess of $25,000.00 (except such monetary obligations as may be set forth in a sales contract relating to the sale of a UDC Homes, Inc. residence to a retail purchaser) and shall not afford any authority to borrow any money or to purchase or sell any real property other than to sell homes to retail purchasers, with all such other actions to require separate authority from the Board of Directors. /board/a9602.cer IN WITNESS WHEREOF, the undersigned has signed this Certificate of Resolution as an Assistant Secretary of the Corporation on this 6th day of/February, Kevin S. Steele Assistant Secretary /board/a9602.cer -2- CERTIFICATE OF RESOLUTION OF UDC HOMES, INC. The undersigned, James J. Grogan, the Secretary of UDC Homes, Inc., a Delaware corporation (the "Corporation"), does hereby certify that the following resolutions were duly and regularly passed and adopted by the directors of the Corporation 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: WHEREAS, the Corporation desires to authorize certain employees of the Corporation to act as its agent in connection with the execution of certain documents; and WHEREAS, it is the desire of the Corporation that Teresa L. Gonzales be elected to serve as an Assistant Secretary of the Corporation, effective August 23, 1996; NOW, THEREFORE, BE IT RESOLVED, that, effective September 1, 1996, the following individuals, as an agent of the Corporation, should be, and each of them acting alone hereby is, authorized and directed, on behalf of the Corporation, to execute, acknowledge, deliver and/or record purchase contracts, deeds, affidavits of value, preliminary change of ownership forms and closing documents of like effect solely relating to the sale of a UDC Homes, Inc. residence to a retail purchaser in the division set forth opposite his or her name: Judy M. Guest Corona, California, Division David A. Lopez Corona, California, Division Linda B. Sanders San Diego, California, Division Dennis M. Ferdig San Diego, California, Division; FURTHER RESOLVED, that, effective September 1,1996, the following individuals, as an agent of the Corporation, should be, and each of them acting alone hereby is, authorized and directed, on behalf of the Corporation, to execute, acknowledge and deliver subcontracts solely relating to the development of real property and to the construction of homes in the division set forth opposite his or her name: James J. Costello Corona, California, Division /board/a9622.cer Patrick A. Emanuel Scott Woodward Diana V. Salvestrin Dennis M. Ferdig Corona, California, Division Corona, California, Division Northern California Division San Diego, California, Division; FURTHER RESOLVED, that, effective August 23, 1996, Teresa L. Gonzales is hereby elected to serve as an Assistant Secretary of the Corporation until her successor shall be duly elected and qualified or until her earlier resignation or removal. IN WITNESS WHEREOF, the undersigned has signed this Certificate of Resolution as the Secretary of the Corporation on this 27th day of September, 1996. James Secretary /board/a9622.cer -2- CERTIFICATE OF RESOLUTION OF UDC HOMES, INC. The undersigned, Connie J. Gecich, an Assistant Secretary of UDC Homes, Inc., a Delaware corporation (the "Corporation"), does hereby certify that the following resolutions were duly and regularly passed and adopted by the directors of the Corporation at a regular meeting held on February 4, 1997, in all respects as required by law and the Restated By-laws of the Corporation, and that such i esolutions are still in full force and effect and have not been amended, revoked or rescinded: RESOLVED, that pursuant to Article IV, Section 11 of the Restated By- Laws of the Corporation, the Board of Directors hereby creates the office of Division President for each of the regional operating divisions of the Corporation, who shall have general supervision over the business of such division and shall perform such other duties and may exercise such other powers as from time to time may be assigned to him or her by the Board of Directors or the President of the Corporation; FURTHER RESOLVED, that the Corporation hereby elects the following persons to the offices of the Corporation shown opposite their names, to serve until their successors shall be duly elected and qualified or until their earlier resignation or removal: Jon B. Werner Division President (San Diego Division) William R. Rattazzi Division President (Southern California Division) Kathleen R. Wade Division President (Arizona Division) Robert D. McLaughlin Division President (Active Adult Division) and Vice President (effective February 17, 1997) Dean Bloxom Vice President Dennis M. Ferdig Vice President Scott D. Kelly Vice President; FURTHER RESOLVED, that all actions taken by any one of the above- named individuals in connection with the office to which such individual has been elected, prior to the adoption of these resolutions, should be, and the same hereby are, ratified, confirmed and approved in all respects. IN WITNESS WHEREOF, the undersigned has signed this Certificate of Resolution as an Assistant Secretary of the Corporation on this 4th day of February, 1997. Connie J. Gect Assistant Secretary ORDER NO. 1133458-22 FORM 1359 (4/75) CLTA SUBDIVISION GUARANTEE FORM NO. 1 SUBDIVISION GUARANTEE SUBDIVISION: CARLSBAD TRACT NO. 94-11 MAR VISTA FEE: $300.00 FIRST AMERICAN TITLE INSURANCE COMPANY a corporation, GUARANTEES THE COUNTY OF SAN DIEGO AND ANY CITY WITHIN WHICH SAID SUBDIVISION IS LOCATED IN A SUM NOT EXCEEDING $1,000.00. THAT, ACCORDING TO THOSE PUBLIC RECORDS WHICH, UNDER THE RECORDING LAWS, IMPART CONSTRUCTIVE NOTICE OF MATTERS AFFECTING THE TITLE TO THE LAND INCLUDED WITHIN THE EXTERIOR BOUNDARY SHOWN ON THE MAP OF THE ABOVE REFERENCED SUBDIVISION, THE ONLY PARTIES HAVING ANY RECORD TITLE INTEREST IN SAID LAND WHOSE SIGNATURES ARE NECESSARY, UNDER THE REQUIREMENTS OF THE SUBDIVISION MAP ACT, ON THE CERTIFICATES CONSENTING TO THE RECORDATION OF SAID MAP AND OFFERING FOR DEDICATION ANY STREETS, ROADS, AVENUES AND OTHER EASEMENTS OFFERED FOR DEDICATION BY SAID MAP ARE: UDC HOMES, INC., A DELAWARE CORPORATION, AS OWNER BY DEED TO RECORD PRIOR TO RECORDATION OF SAID MAP. BANK ONE, ARIZONA, NA, AS TRUSTEE UNDER DEED OF TRUST RECORDED OCTOBER 4, 1996 AS FILE NO. 1996-0504538 OF OFFICIAL RECORDS. THE SIGNATURE OF THE FOLLOWING HAS BEEN OMITTED UNDER THE PROVISIONS OF SECTION 66436, SUBSECTION (a)(3)(A)(i) OF THE SUBDIVISION MAP ACT. THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO FEE TITLE AND SAID SIGNATURE IS NOT REQUIRED BY THE GOVERNING BODY: SAN DIEGO GAS & ELECTRIC COMPANY, HOLDER OF EASEMENTS RECORDED FEBRUARY 16, 1920 IN BOOK 798, PAGE 243 OF DEEDS AND DECEMBER 7, 1953 IN BOOK 5069, PAGE 65 OF OFFICIAL RECORDS. CARLSBAD MUNICIPAL WATER DISTRICT, HOLDER OF EASEMENTS RECORDED OCTOBER 2, 1963 AS FILE NO. 175383, APRIL 5, 1996 AS FILE NOS. 1996-0171783 AND 1996-0171784 AND APRIL 9, 1996 AS FILE NOS. 1996-0175659 AND 1996-0175660, ALL OF OFFICIAL RECORDS. ORDER NO. 1133458-22 PACIFIC TELEPHONE AND TELEGRAPH COMPANY, HOLDER OF EASEMENT RECORDED JANUARY 21, 1980 AS FILE NO. 80-023039 OF OFFICIAL RECORDS. THE MAP HEREINBEFORE REFERRED TO IS A SUBDIVISION OF: A PORTION OF PARCEL "C" OF PARCEL MAP NO. 2949, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 9, 1974 AND A PORTION OF THAT CERTAIN PARCEL OF LAND DELINEATED AND DESIGNATED AS "DESCRIPTION NO. 1, 1103.91 ACRES" ON RECORD OF SURVEY MAP NO. 5717, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 19, 1960, BEING A PORTION OF LOT "G" OF RANCHO AGUA HEDIONDA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, A PORTION OF WHICH LIES WITHIN THE CITY OF CARLSBAD, ALL BEING IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF PARCEL "C" OF SAID PARCEL MAP NO. 2949; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL "C" , SOUTH 89°27'30" EAST 696.14 FEET (RECORD SOUTH 89°27'10" EAST 695.84 FEET PER MAP NO. 2949) ; THENCE LEAVING SAID NORTHERLY LINE OF PARCEL "C", ALONG THE EASTERLY LINE OF SAID PARCEL "C" SOUTH 00°01'57" WEST 169.24 FEET; THENCE LEAVING SAID EASTERLY LINE OF SAID PARCEL "C", SOUTH 07°41'58" WEST 91.16 FEET; THENCE SOUTH 00°01'57" WEST 273.68 FEET; THENCE SOUTH 09°42'06" EAST 71.93 FEET; THENCE SOUTH 01°49'16" EAST 113.52 FEET; THENCE SOUTH 00°01'57" WEST 163.73 FEET; THENCE SOUTH 63°23'53" EAST 26.15 FEET; THENCE SOUTH 25°54'17" WEST 197.78 FEET; THENCE SOUTH 61°05'43" EAST 13.60 FEET TO THE BEGINNING OF A TANGENT 355.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 28°54'17" WEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10°53'39" A DISTANCE OF 67.50 FEET; THENCE SOUTH 18°00'37" WEST 105.05 FEET; THENCE SOUTH 24°47'42" EAST 78.24 FEET; THENCE SOUTH 42°20'22" EAST 65.62 FEET; THENCE SOUTH 47°08'53" WEST 183.01 FEET TO THE BEGINNING OF A NON-TANGENT 230.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 47°08'53" WEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 46°35'37" A DISTANCE OF 187.04 FEET TO A POINT ON THE SOUTHERLY LINE OF RANCHO AGUA HEDIONDA; THENCE ALONG A LINE COMMON WITH SAID SOUTHERLY LINE OF RANCHO AGUA HEDIONDA AND THE SOUTHERLY LINE OF SAID PARCEL "C" OF PARCEL MAP NO. 2949, NORTH 898°26'44" WEST (RECORD NORTH 89°27'10" WEST PER P.M. NO. 2949 AND R.O.S. 9812) 775.65 FEET; THENCE LEAVING SAID COMMON SOUTHERLY LINE, ALONG THE WESTERLY LINE OF SAID PARCEL "C" OF PARCEL MAP 2949, NORTH 19°29'33" WEST 870.01 FEET (RECORD NORTH 19°30'00" WEST 870.00 FEET PER MAP NO. 2949); THENCE NORTH 33°05'12" WEST 514.90 FEET (RECORD ORDER NO. 1133458-22 NORTH 33°05'00" WEST 514.62 FEET PER PARCEL MAP NO. 2949); THENCE NORTH 62°12'47" EAST 659.41 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM ALL THOSE PORTIONS LYING WITHIN [PARCELS "A", "B", "C" AND "D" OF PARCEL MAP NO. 2993, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 23, 1974 AS FILE NO. 74-230326 OF OFFICIAL RECORDS. DATED: NOVEMBER 23, 1996 AT 7:30 A.M. FIRST AMERICAN TITLE INSURANCE COMPANY MARTINS CARDIN-ALLEN - TITLE OFFICER DIRECT DIAL PHONE 231-4664 FAX NO. 231-4647 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 .18 19 20 21 88. City Engineer prior to approval of the final map, issuance of grading or building permit, whichever occurs first. All single family residential lots abutting Camino de las Ondas and Hidden Valley Road shall have access rights to these streets relinquished on the final map. The multi-family lot, Lot 115, shall relinquish all access rights to Hidden Valley Road on the final map except for one entrance access opposite Atlantic Drive as shown on the tentative map. Plans, specifications, and supporting documents for all public improvements shall be prepared to the satisfaction of the City Engineer. Prior to approval of the final map in accordance with City Standards, the applicant shall install, or agree to install and secure with appropriate security as provided by law, improvements shown on the tentative map and the following improvements: A. Completion of public street improvements on the north side of Camino de las . Ondas along the project frontage based on a half street width of 34 feet. B. Full public street improvements on Hidden Valley Road within the project boundaries. Half public street improvements plus 12 feet of paving on the portion of Hidden Valley Road lying on the project boundary. Improvement shall be based on a full right-of-way width of 68 feet and a half street width of 34 feet. All or portions of these Hidden Valley road improvements may be installed by a City Project. Pursuant to a reimbursement agreement with the City this condition or portions of this condition may be met by that project. C. Full public street improvements on all the interior streets, Atlantic Drive Copacabana Drive, Sugaiioaf Drive, Ipanema Drive, Tijuca Drive and Rio Branco Drive as shown on the tentative map. D. The existing detention-desilt basin located offsite on APN 214-471-52 at the South-West corner of Poinsettia Lane and Batiquitos Drive shall be modified to conform to existing basin standards. This project may be eligible to apply for a partial reimbursement for the modifications. E. An offsite sewer outfall line or an outfall system with line, temporary lift station, and force main to the satisfaction of the District Engineer of the Carlsbad Municipal Water District. A note to this effect shall be placed on an additional map sheet on the final map per the provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above shall be constructed within 18 months of approval of the secured improvement agreement or such other time as provided in said agreement. The storm drain system as shown on the tentative map is.specifically not approved. The system shall be re-designed to meet current City Standards. In particular, the inlets shown in the curb return areas shall be relocated out of the curb return area CT 92-01 (A); SDP 93-04(A); PUD 92-01 (A) COSTA DO SOL (GREYSTONE) ENGINEERING CONDITIONS OF APPROVAL -fa Engineering Conditions: Note: Unless specifically stated in the condition, all of the following engineering conditions, upon the approval of this proposed major subdivision, must be met prior to approval of a final map._ ^. 'fitol&AsQ n 1 • The project must comply with all of the prior Engineering Conditions of Approval for CT 92-01; SDP 93-04 and PUD 92-01, except for the following revisions: W Prior Engineering Condition of Approval PC RESO. NO. 3546, number 89 "D" is deleted and changed to read: "The existing detention-desilt basin located offsite on APN 214- L0|loiA^ "tW V? 471-52 at the southwest corner of Poinsettia Lane and Batiquitos ' ^IVl/tl Drive shall be modified to the satisfaction of the City Engineer. ^ This project may be eligible to apply for a partial reimbursement for modifications." £DfUl I » L Q ~ / \V\\^?t Prior Engineering Condition of Approval PC RESO. NO. 3546, number 87 is deleted and changed to read: "The developer shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit. The developer shall provide best management practices to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be approved by the City Engineer. Said plans shall include, but not be limited to the following, which shall be included in the project's CC&R's:" 1. The homeowner's association shall coordinate the use of the City's established program to assist residents with the removal and proper disposal of toxic and hazardous waste products. 2. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State, County, and City requirements as prescribed in their respective containers. CT 92-01 (A); SDP 93-04(A); PUD 92-01 (A) PAGE: 2 COSTA DO SOL (GREYSTONE) ENGINEERING CONDITIONS OF APPROVAL J. GIBSON MEMO; JULY 12, 1995 3. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. C. Prior Engineering Condition of Approval PC RESO. NO. 3546, number 78 is deleted and changed to read: "The developer shall pay the planned local drainage area fee or shall construct drainage systems in conformance with Master Drainage Plan and City of Carlsbad Standards as required by the City Engineer." The developer shall pay any and all sewer impact fees in full. This shall include any ^ees rec1u'red in conjunction with the North Batiquitos (Aviara) Sewer Pump Station to provide for sewer facilities for Lot No.'s 1 through 32, 105 through 121 (single-family residential units) and Lot No. 91 (site specific recreation facility) for this project. 3. The developer shall reimburse the City of Carlsbad for any portion of Hidden Valley Road that is constructed by the City within the project's real property boundary, in conjunction with the City's Poinsettia Park project. 4. This project is located in the Alga Road/College Boulevard Fee District. Since this project does not have frontage on these roadways and therefore does not have any direct construction obligations, and, since traffic from this project will utilize these roadways, the developer shall pay or enter into an agreement to pay a proportionate share of the total cost to construct these roadways in accordance with the Fee District Formula, which is periodically updated . 5. Prior to final map approval the future disposition of existing easement items 1, 2 & 3, under the Existing Easements section on sheet 1 of 4 of Replacement Tentative Map of Costa Do Sol, shall be identified. Code Reminders: 53A. If the disturbed area is five acres or more, prior to the issuance of a grading permit or building permit, whichever occurs first, the developer shall submit proof that a Notice of Intention has been submitted to the State Water Resources Control Board. 68. Some improvements shown on the tentative map and/or required by these conditions are located offsite on property which neither the City nor the owner has sufficient title or interest to permit the improvements to be made without acquisition of title or interest. The applicant shall conform to Section 20.16.095 of the Carlsbad Municipal Code. 73. The developer shall install street lights along all public and private street frontages in conformance with City of Carlsbad Standards. CT 94-11, SDP 94-10; MAR VISTA (MCREYNOLDS) ENGINEERING CONDITIONS OF APPROVAL Engineering Conditions Note: Unless specifically stated in the condition, all of the following engineering conditions, upon the approval of this proposed major subdivision, must be met prior to approval of a final map. The developer shall provide for sight distance corridors at all street intersections in accordance with Engineering Standards and shall record the following statement in the project's CC&R's: iaT" ^° structure' fence, wall, tree, shrub, sign, or other object over l 30 jnches above the street level may be placed or permitted to encroach within the area identified as a sight distance corridor in accordance with City Standard Public Street-Design Criteria, Section 8. B. 3. The underlying property owner shall maintain this condition." The above statement shall be placed on a non-mapping data sheet on the final map. 2. Drainage outfall end treatments for any drainage outlets where a direct access road &&\}£> for maintenance purposes is not provided, shall be designed and incorporated into the ***"? grading/improvement plans for the project. These end treatments shall be designed LL \fy\\A so as to prevent vegetation growth from obstructing the pipe outfall. Designs could K/ufiP s i consist of a modified outlet head wail consisting of an extended concrete spillway section with longitudinal curbing and/or radially designed rip-rap, or other means deemed appropriate, as a method of preventing vegetation growth directly in front of the pipe outlet, to the satisfaction of the Community Services Director and the City Engineer. 3. This project is located in the Alga Road/College Boulevard Fee District. Since this project does not have frontage on these roadways and therefore does not have any direct construction obligations, and, since traffic from this project will utilize these roadways, the developer shall pay or enter into an agreement to pay a proportionate share of the total cost to construct these roadways in accordance with the Fee District Formula, which is periodically updated . 37. This project is approved specifically as 1 (single) unit for recordation. 39. The developer shall provide an acceptable means for maintaining the private easements within the subdivision and all the private: storm drain facilities and sewer facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within the subdivision. Adequate provision for such maintenance shall be included with the CC&R's subject to the approval of the City Engineer. CT 94-11, SDP 94-10; MAR VISTA (MCREYNOLDS) PAGE: 3 ENGINEERING CONDITIONS OF APPROVAL J. GIBSON MEMO; JULY 24, 1995 " C" ^^" P'ans' specifications, and supporting documents for all public improvements shall be i prepared to the satisfaction of the City Engineer. In accordance with City Standards, / the developer shall install, or agree to install and secure with appropriate security as ^ provided by law, all improvements shown on the tentative map as follows: A-1. Hidden Valley Road full width improvements {68' Right of way/48' Curb to curb width) from Cherry Blossom Road to Camino De Los Ondas, including: • Asphalt/Concrete Pavement. • Concrete Curb and Gutter. • Concrete Sidewalk on one (1) side. • Street Light Standards on one (1) side. Hidden Valley Road secondary access width improvements (68' Right of way/28' Berm to berm width) from Cherry Blossom Road to Palomar Airport Road, including: • Asphalt/Concrete Pavement. • Asphalt/Concrete Berms. -OR- A-2. Hidden Valley Road full width improvements (68' Right of way/48' Curb to curb width) from Cherry Blossom Road to Palomar Airport Road, including: • Asphalt/Concrete Pavement. • Concrete Curb and Gutter. • Concrete Sidewalk on one (1) side. • Street Light Standards on one (1) side. Hidden Valley Road secondary access width improvements (68' Right of way/28' Curb to curb width) from Cherry Blossom Road to Camino De Los Ondas, including: • Asphalt/Concrete Pavement. • Asphalt/Concrete Berms. B-1. Cherry Blossom Road full width improvements (60' Right of way/40' Curb to curb width) from Hidden Valley Road to Calle Serena, including: • Asphalt/Concrete Pavement. • Concrete Curb and Gutter. • Concrete Sidewalk. • Street Light Standards. -OR- CT 94-11, SDP 94-10; MAR VISTA (MCREYNOLDS) PAGE: 5 ENGINEERING CONDITIONS OF APPROVAL J. GIBSON MEMO; JULY 24, 1995 F-1. Sewer and Drainage Alternative "A" (as indicated on the tentative map.) -OR- F-2. Sewer and Drainage Alternative "B" (as indicated on the tentative map.) Note: An above sewer and drainage alternative shall be selected at the final design stage of the project, in conjunction with requirements of the District Engineer of the Carlsbad Municipal Water District (CMWD), design and construction phases of Poinsettia Park and to the satisfaction of the City Engineer. A list of the above improvements shall be placed on an additional map sheet on the final map per the provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above shall be constructed within 18 months of approval of the secured improvement agreement or such other time as provided in said agreement. Note: Unless specifically stated in the condition, all of the following engineering conditions, upon the approval of this proposed major subdivision, must be met prior to approval of any building or grading permits for the project. 1. The owner of the property on behalf of itself and all of its successors in interest shall execute and record a notice of disclosure and a hold harmless agreement for Lot No.'s 21, 29, 30 and 31 noticing any future owners of the presence of a previous suspect landslide and indemnify the City of Carlsbad, agents, officers, and employees from any action that may arise through any subsequent geologic failure, ground water seepage, or land subsidence and subsequent damage that may occur on or adjacent to Lot No.'s 21, 29, 30 and 31, due to its construction, operation, or maintenance. A notice to this effect and a reference to the recorded document shall be included on a non- mapping data sheet of the final map. 55. Upon completion of grading, the developer shall ensure that an "as-graded" geologic plan is submitted to the City Engineer. The plan shall clearly show all the geology as exposed by the grading operation, all geologic corrective measures as actually constructed and must be based on a contour map which represents both the pre and post site grading. This plan shall be signed by both the soils engineer and the engineering geologist. The plan shall be prepared on a 24" x 36" mylar or similar drafting film and shall become a permanent record. 53A. If the disturbed area is five acres or more the developer shall submit proof that a Notice of Intention has been submitted to the State Water Resources Control Board. 65. Prior to issuance of building permits, the developer shall underground all existing overhead utilities within the subdivision boundary. CT 94-11, SDP 94-10; MAR VISTA (MCREYNOLDS) ENGINEERING CONDITIONS OF APPROVAL Engineering Conditions Note: Unless specifically stated in the condition, all of the following engineering conditions, upon the approval of this proposed major subdivision, must be met prior to approval of a final map. 1. The developer shall provide for sight distance corridors at all street intersections in accordance with Engineering Standards and shall record the following statement in the project's CC&R's: "No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the street level may be placed or permitted to encroach within the area identified as a sight distance corridor in accordance with City Standard Public Street-Design Criteria, Section 8.B.3. The underlying property owner shall maintain this condition." The above statement shall be placed on a non-mapping data sheet on the final map. 2. Drainage outfall end treatments for any drainage outlets where a direct access road for maintenance purposes is not provided, shall be designed and incorporated into the grading/improvement plans for the project. These end treatments shall be designed so as to prevent vegetation growth from obstructing the pipe outfall. Designs could consist of a modified outlet headwall consisting of an extended concrete spillway section with longitudinal curbing and/or radially designed rip-rap, or other means deemed appropriate, as a method of preventing vegetation growth directly in front of the pipe outlet, to the satisfaction of the Community Services Director and the City Engineer. 3. A funding mechanism for the full improvements for Poinsettia Lane and Alga Road must be approved or fees paid, in conformance with the updated Zone 20 Local Facilities Plan funding program. 37. This project is approved specifically as 1 (single) unit for recordation. 71. The developer shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit. The developer shall provide best management practices, as referenced in the "California Storm Water Best Management Practices Handbook" to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be approved by the City Engineer. The plans shall include, but not be limited to the following, which shall be included in the project's CC&R's: A. The homeowner's association shall coordinate the use of the City's established program to assist residents with the removal and proper disposal of toxic and hazardous waste products. c CT 94-11, SDP 94-10; MAR VISTA (MCREYNOLDS) PAGE: 2 ENGINEERING CONDITIONS OF APPROVAL J. GIBSON MEMO; NOVEMBER 7, 1995 B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State, County, and City requirements as prescribed in their respective containers. C. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. Fees/Agreements 47. The owner of the subject property shall execute an agreement holding the City harmless regarding drainage across the adjacent property. 44. The developer shall defend, indemnify and hold harmless the City and its agents, officers, and employees from any claim, action or proceeding against the City or its agents, officers, or employees to attack, set aside, void or null an approval of the City, the Planning Commission or City Engineer which has been brought against the City within the time period provided for by Section 66499.37 of the Subdivision Map Act. 45 A. The applicant shall pay all current fees and deposits required. 53. The owner shall execute a hold harmless agreement for geologic failure. 1. The owner of the property on behalf of itself and all of its successors in interest shall execute and record a notice of disclosure and a hold harmless agreement for Lot No.'s 20, 21, 29, 30 and 31 noticing any future owners of the presence of a previous suspect landslide and indemnify the City of Carlsbad, agents, officers, and employees from any action that may arise through any subsequent geologic failure, ground water seepage, or land subsidence and subsequent damage that may occur on or adjacent to Lot No.'s 20, 21, 29, 30 and 31, due to its construction, operation, or maintenance. A notice td this effect and a reference to the recorded document shall be included on a non-mapping data sheet of the final map. 69. Prior to approval of any grading or building permits for this project, the owner shall give written consent to the annexation of the area shown within the final map into the existing City of Carlsbad Lighting and Landscape District No. 1 on a form provided by the City. Dedications/Improvements 63. The owner shall make an offer of dedication to the City for all public streets and easements required by these conditions or shown on the tentative map. The offer shall be made by a certificate on the final map for this project. All land so offered shall be granted to the City free and clear of all liens and encumbrances and without CT 94-11, SDP 94-10; MAR VISTA (MCREYNOLDS) PAGE: 3 ENGINEERING CONDITIONS OF APPROVAL J. GIBSON MEMO; NOVEMBER 7, 1995 cost to the City. Streets that are already public are not required to be rededicated. 65. The developer shall underground all existing overhead utilities within the subdivision boundary. 72. Plans, specifications, and supporting documents for all public improvements shall be prepared to the satisfaction of the City Engineer. In accordance with City Standards, the developer shall install, or agree to install and secure with appropriate security as provided by law, the improvements shown on the tentative map and the following: A-1. Hidden Valley Road full width improvements (68' Right of way/48' Curb to curb width) from Cherry Blossom Road to Camino De Los Ondas, including: • Asphalt/Concrete Pavement. • Concrete Curb and Gutter. • Concrete Sidewalk on one (1) side. • Street Light Standards on one (1) side. Hidden Valley Road secondary access width improvements (68' Right of way/28' Berm to berm width) from Cherry Blossom Road to Palomar Airport Road, including: • Asphalt/Concrete Pavement. • Asphalt/Concrete Berms. • Traffic signal modification at Palomar Airport Road and Hidden Valley Road -OR- A-2. Hidden Valley Road full width improvements (68' Right of way/48' Curb to curb width) from Cherry Blossom Road to Palomar Airport Road, including: Asphalt/Concrete Pavement. Concrete Curb and Gutter. Concrete Sidewalk on one (1) side. Street Light Standards on one (1) side. Traffic signal modification at Palomar Airport Road and Hidden Valley Road Hidden Valley Road secondary access width improvements (68' Right of way/28' Curb to curb width) from Cherry Blossom Road to Camino De Los Ondas, including: • Asphalt/Concrete Pavement. • Asphalt/Concrete Berms. B-1. Cherry Blossom Road full width improvements (60' Right of way/40' Curb to curb width) from Hidden Valley Road to Calle Serena, including: c CT 94-11, SDP 94-10; MAR VISTA (MCREYNOLDS) PAGE: 4 ENGINEERING CONDITIONS OF APPROVAL J. GIBSON MEMO; NOVEMBER 7, 1995 • Asphalt/Concrete Pavement. • Concrete Curb and Gutter. • Concrete Sidewalk. • Street Light Standards. -OR- B-2. Cherry Blossom secondary access width improvements (72' Right of way/52' Curb to curb width) from Hidden Valley Road to "A" Street, including: • Asphalt/Concrete Pavement. • Concrete Curb and Gutter. • Concrete Sidewalk. • Street Light Standards. Note: Roadway Improvement B-2 above will only be required if Poinsettia Park is not constructed prior to building permits being issued for Mar Vista. If Poinsettia Park is constructed, prior to building permits being issued for Mar Vista, then this widened roadway section will not be required (site specific secondary access will be gained through the park as indicated on the tentative map.) C. Vista De Olas full width improvements (5V Right of way/36' Curb to curb width) from Calle Serena to the northern terminus, including: • Asphalt/Concrete Pavement. • Concrete Curb and Gutter. • Concrete Sidewalk one (1) side. • Street Light Standards. D. Calle Serena full width improvements (56' Right of way/36' Curb to curb width) from Vista De Olas to the northern terminus, including: • Asphalt/Concrete Pavement. • Concrete Curb and Gutter. • Concrete Sidewalk. • Street Light Standards. E. "A" Street access width improvements (60' Right of way/40' Curb to curb width) from Cherry Blossom Road to the eastern subdivision boundary, including: • Asphalt/Concrete Pavement. • Concrete Curb and Gutter. • Concrete Sidewalk. • Street Light Standards. c ^CT 94-11, SDP 94-10; MAR VISTA (MCREYNOLDS) *" PAGE: 5 ENGINEERING CONDITIONS OF APPROVAL J. GIBSON MEMO; NOVEMBER 7, 1995 Note: If roadway improvement E above is constructed prior to any development on that property (MSP California, LLC) a private reimbursement agreement, between the Mar Vista property owner (McReynolds) and adjacent property owner (MSP California, LLC), over the construction of the roadway could be pursued. F-1. Sewer and Drainage Alternative "A" (as indicated on the tentative map.) -OR- F-2. Sewer and Drainage Alternative "B" (as indicated on the tentative map.) Note: One of the above sewer and drainage alternatives shall be selected at the final design stage of the project, in conjunction with requirements of the District Engineer of the Carlsbad Municipal Water District (CMWD), design and construction phases of Poinsettia Park and to the satisfaction of the City Engineer. A list of the above improvements shall be placed on an additional map sheet on the final map per the provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above shall be constructed within 18 months of approval of the secured improvement agreement or such other time as provided in said agreement. Grading 55. Upon completion of grading, the developer shall ensure that an "as-graded" geologic plan is submitted to the City Engineer. The plan shall clearly show all the geology as exposed by the grading operation, all geologic corrective measures as actually constructed and must be based on a contour map which represents both the pre and post site grading. This plan shall be signed by both the soils engineer and the engineering geologist. The plan shall be prepared on a 24" x 36" mylar or similar drafting film and shall become a permanent record. 53A. The developer shall submit proof that a Notice of Intention has been submitted to the State Water Resources Control Board. Code Reminders: 43. Approval of this tentative tract map shall expire twenty-four (24) months from the date of City Council approval unless a final map is recorded. An extension may be requested by the applicant. Said extension shall be approved or denied at the discretion of the City Council. In approving an extension, the City Council may impose new conditions and may revise existing conditions pursuant to Section 20.12.110(a)(2) Carlsbad Municipal Code. CT 94-11, SDP 94-10%AR VISTA (MCREYNOLDS) PAGE: 6 ENGINEERING CONDITIONS OF APPROVAL J. GIBSON MEMO; NOVEMBER 7, 1995 44A. Prior to issuance of a building permit for any buildable lot within the subdivision, the property owner shall pay a one-time special development tax in accordance with City Council Resolution No. 91-39. 54. Based upon a review of the proposed grading and the grading quantities shown on the tentative map, a grading permit for this project is required. The developer must submit and receive approval for grading plans in accordance with City codes and standards. 56. No grading for private improvements shall occur outside the limits of the subdivision unless a grading or slope easement or agreement to grade is obtained from the owners of the affected properties. If the applicant is unable to obtain the grading or slope easement or agreement to grade, no grading permit will be issued. In that case the developer must either amend the tentative map or modify the plans so grading will not occur outside the project site in a manner which substantially conforms to the approved tentative map as determined by the City Engineer and Planning Director. 57. Prior to hauling dirt or construction materials to or from the site, the developer shall submit to and receive approval from the City Engineer for the proposed haul route. The developer shall comply with all conditions and requirements the City Engineer may impose with regards to the hauling operation. 58. The developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with the Carlsbad Municipal Code and the City Engineer. 61. Additional drainage easements may be required. Drainage structures shall be provided or installed prior to or concurrent with any grading or building permit as may be required by the City Engineer. 68. Some improvements shown on the tentative map and/or required by these conditions are located offsite on property which neither the City nor the owner has sufficient title or interest to permit the improvements to be made without acquisition of title or interest. The applicant shall conform to Section 20.16.095 of the Carlsbad Municipal Code. Final Map Note: The developer shall place the following note on a non-mapping data sheet of the final map: Geotecnical Caution: The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any geologic failure, ground water seepage or land subsidence and subsequent damage that may occur on, or adjacent to, this subdivision due to its construction, operation or maintenance. V*" November 25,1997 CROSBY MEAD BENTON & ASSOCIATES Engineers • Planners • Surveyors RECEIVED NOV 2 6 1997 ENGINEERING DEPARTMENT J.N. 410-002 FileS Mr. Lloyd Hubbs, City Engineer City of Carlsbad 2075 Las Palmas Drive Carlsbad, California 92009 Subject: Request for Lot Line Adjustment between Lots 38 and 39 of Mar Vista Subdivision (Carlsbad Tract 94-11), Map No. 13404. Dear Mr. Hubbs: At the request of UDC Homes, Inc., the owner of the subject properties, Crosby Mead Benton & Associates has prepared an Adjustment Plat Application Package for a proposed 2.80 foot shift in the location of the lot boundary between the subject Lots 38 and 39. The purpose of the shift was to enlarge the original Lot 38 enough to accommodate the Plan 1 house which is desired by the purchaser of Lot 38. Plot Plans for Phase 6 of UDC Homes' Seabright project, which includes both Lots 38 and 39, have been prepared for submittal to the City and show the proposed adjusted location for the property boundary. A copy of the relevant sheet of those Plot Plans is enclosed with this letter, for your reference. We request that the City review the attached application package and, if acceptable, act to approve the requested lot line adjustment. Thank you for your attention. Questions should be directed to the undersigned at our offices. Respectfully, CROSBY MEAD BENTON & ASSOCIATES Alexander W. Urquhart, P.E. Project Manager AWU/bhs Attachments:1) Copy of Sheet 3 of 3 of Plot Plans/ Precise Grading Plans for Phase 6 of Seabright 2) Adjustment Plat Application Package cityll26.1tr 5650 El Camino Real, Suite 200 Carlsbad, California 92008 760/438-1210 Fax 760/438-2765 to "3UDC HOMES, «=- ^4., \\IMP v" v v February 23, 1997 City of Carlsbad, Engineering Department ; T Mr" B°b Woicik' ENGINEERING 2075 Las Palmas Dr. DEPARTMENT Carlsbad C A 92009- 1 576 RE: Changes to Mar Vista and Emerald Ridge West Record Maps. Dear Mr. Wojcik, Please accept this letter as UDC's notice that the proposed changes regarding the "open space" easement to be placed over lots 1-23 of Carlsbad Tract 95-03 Emerald Ridge West and lots 2-21 and 29-31 of Carlsbad Tract 94-11 are acceptable as amended. We understand that the easement will be placed on the subject properties upon the recordation of the map and CC&R's and that the language of the restriction in the CC&R's shall be consistent with the conditions in the approved Resolution. Thank you for your continued cooperation. Sincerely, ._ Dennis M Ferdig Vice President 438 Camino del Rio South, Suite 112B • San Diego, California 92108 • (619) 298-8070 • (619) 298-3514 FAX San Diego Gas & Electric P.O. BOX 1831 • SAN DIEGO, CA 92112-4150 • 619 / 696-2000 December?, 1996 FILENO City of Carlsbad City Engineer 1200 Elm Avenue Carlsbad, California 92008 RE: CARLSBAD TRACT 94-ll(MAR VISTA) Please be advised that the division of the property shown on TRACT 94-11 will not unreasonably interfere with the free and complete exercise of any easement(s), held by San Diego Gas & Electric Company within the boundaries of said tentative map. This letter should not be construed as a subordination of the Company's rights, title and of the provisions contained in said easement(s) or a waiver of costs for relocation of any interest in and to said easement(s), nor should this letter be construed as a waiver of any affected facilities. In the event that the development requires relocation of facilities, on the subject property, which facilities exist by right of easement or otherwise, the owner/developer will be requested to bear the cost of such relocation and provide SDG&E with suitable replacement rights. Such costs and replacement rights are required prior to the performance of the relocation. If additional information is required in connection with the above mentioned subject, please call Linda Victoria at (619) 696-2478. Respectfully, /C-'-C***-^-' LiHaa Victoria Land Assistant cc: CROSBY MEAD BENTON & ASSOCIATES City of Carlsbad Engineering Department Decembers, 1996 Brunu Callu Crosby, Mead Benton & Associates 5650 El Camino Real, Suite 200 Carlsbad, CA 92008 COMPLETION OF IMPROVEMENT PLANCHECK FOR: CT 94-11, DWG 348-7 PROJECT NAME: MAR VISTA The purpose of this correspondence is to inform you that the City Engineer has signed the improvement plans for the project noted above. These plans are now the property of the City of Carlsbad and have been filed for permanent record with this office. The City of Carlsbad requires that contractors obtain a right-of-way permit prior to constructing any improvements within publicly dedicated streets or easements. Since the improvements reflected on your improvement plans fall within this category, you must first obtain a right-of-way permit prior to initiating your construction activities. You may obtain a right-of-way permit by making application at our Engineering Development Services Counter at 2075 Las Palmas Drive. This is a "no-fee" permit. A Right-of Way Permit Submittal Package is attached for your convenience. The following items need to be submitted and/or approved prior to the issuance of a right-of-way permit: 1. Completed application form. 2. Contractors state license number and class (type). 3. City of Carlsbad Business License number. 4. Certificate of insurance in the amount of $1,000,000 naming the City of Carlsbad as "additional insured" and as "certificate holder". 5. Traffic Control Plan (if not included in the improvement plan). 6. Four blueline sets and one set of 3 mil black Diazo reproducible mylars of the signed improvement plans (one set of bluelines and reproducible mylars are for CMWD). 7. As part of your permit approval, application with CMWD will be required to tap into sewer, water and/or reclaimed water lines. In addition, if your project requires a grading permit you must complete the items listed on the completion of Grading Plancheck Letter and receive approval on a grading permit prior to or concurrent with the issuance of a right-of-way permit. You may obtain the four blueline sets, one set of 3 mil reproducible mylars and any other plan reproductions you desire through one of the several bonded blue print firms in the area at your cost. ...Word/Docs/Misforms/lmpplan Ltr REV. 9/20/96 2075 Las Palmas Dr. - Carlsbad, CA 92009-1576 • (619) 438-1161 • FAX (619) 438-O894 Your Right of Way Permit will be issued when all the above noted requirements have been completed. After permit issuance, contact the Engineering Inspection Request Line at 438-3891 to set up a preconstruction meeting with your inspector. You will receive your copy of the permit during the preconstruction meeting with your inspector. DO NOT BEGIN CONSTRUCTION UNTIL YOU HAVE RECEIVED YOUR PERMIT FROM THE PUBLIC WORKS INSPECTOR. Thank you for your cooperation and assistance in this matter. It has been a pleasure working with you through the plancheck process. If you have project related questions, please feel free to give me a call at 438-1161, extension 4389 or Ben Ellorin at 744-4987. If you have permit issuance and/or inspection related questions you should refer them to the Engineering Senior Office Specialist at the same number, extension 4323. In an effort to improve our customer service, the Community Development Department is soliciting your comments on the service you have received in processing your project. Enclosed is a Customer Service Survey form. Please take a few minutes to complete this form and return it to the City. Your help is greatly appreciated. Respectfully, RICHARD ALLEN, JR., P.E. Principal Civil Engineer RHA/kk City Engineer Assistant City Engineer Principal Civil Engineer - Engineering Review Section Inspection Senior Office Specialist Permit Station Ellorin Consulting Engineers Attachments - Right-of-Way Permit Submittal Package Customer Service Survey FOR OFFICE USE ONLY DWG NO. 348-7 PROJECT LOCATION: HIGHLAND VALLEY ROAD AT TURNSTONE ROAD ..Word/Docs/Misforms/lmpplan Ltr REV. 9/20/96 City of Carlsbad Engineering Department November 21, 1996 Robert C. Ladwig LADWIG DESIGN GROUP, INC. 703 Palomar Airport Road, Suite 300 Carlsbad, CA 92009 REQUEST FOR GRADING IN ADVANCE OF FINAL MAP: CT 94-11 (MAR VISTA) AND CT 95-03 (EMERALD RIDGE WEST) In accordance with Engineering Policy No. 16, your request to grade CT 94-11 (Mar Vista) and CT 95-03 (Emerald Ridge West) in advance of the final map is approved. We also accept your offer to offer on behalf of UDC Homes to provide container plants, temporary irrigation and normal slope maintenance where the City installed the sewer for Poinsettia Park. Approval to grade in advance of the final map does not waive any condition, procedure, or fee, which is required prior to obtaining a grading permit. All requirements of the grading permit approval remain in effect. Items which must be completed prior to grading include, but are not limited to, the following: 1. Environmental clearance. 2. Coastal Commission and Resource Agencies' approval. 3. Signed grading plans and plan check fee paid. 4. All project conditions that are required prior to grading permit issuance. 5. Obtain a grading permit. 6. Schedule and attend a preconstruction conference with Inspection Division. RICHARD H. Al£LEN, JR., P.E. Principal Civil Engineer c: Community Development Director City Engineer Planning Director Assistant City Engineer Inspection Division Engineering Counter File CT 94-11 an CT 95-03 Ellorin Consulting Engineers Dennis Ferdig, UDC Homes 2O75 Las Palmas Dr. - Carlsbad, CA 92OO9-1576 • (619) 438-1161 - FAX (619) 438-O894 MARKSTEYAERT »1-619-434-2451 HH10/23/96 ®12:51 PM Q1/1 October 23, 1996 TO: BRUNO CALLU, CROSBY MEAD AND BENTON From: Mark Steyaert, City of Carlsbad POINSETTIA PARK/ EMERALD RIDGE LANDSCAPE PLANS As we discussed on the phone yesterday, the requirements for the secondary access construction shall be as outlined in Mike Shirey's memo (10/18/96) to me. Community Services Dept. recommends Option 1 .a. of that memo (rolled curb w/ grass crete). In addition, Community Services will require a gate. Also, after your plans were submitted, a minor issue was brought to my attention during a walk through at the park. We are concerned about the irrigation control wire connections to be made when replacing the irrigation damaged during the grading on the park property. Please ask Steve Ahles to add this note to the irrigation plans and submit two final sets tome. Any control wires cut or damaged shall be replaced as follows when re-installed: 1. Provide "Jumbo" rectangular valve boxes at each end of the graded area Bw /bolt down covers and heat branded "WIRE" on the lids. 2. Provide continuous replacement control wires as required between the two valve boxes (see above). 3. Provide a minimum of 3 feet expansion curl of each wire connection. 4. Make connections within the valve boxes using "Scotch-Lok #3576 Connector Sealing Packs. Thanks, Mark Steyaert Steve Ahles, Landscape Architect Senior Engineering Inspector, Joe Federlco Associate Civil Engineer, Michael Shlrey Park Superintendent MEMORANDUM October 18, 1996 TO: COMMUNITY SERVICES - MARK STEYART FROM: Associate Engineer - Michael J. Shirey POINSETTIA PARK/MAR VISTA/EMERALD RIDGE WEST SECONDARY ACCESS FOR PRIVATE DEVELOPMENT PROJECTS Pursuant to our conversation on Thursday, October 17, 1996, the following are engineering staffs requirements for the secondary access, from Cherry Blossom Road to Poinsettia Park, for the above-referenced private development projects: 1. The 30' access must be vehicle accessible. This can be accomplished by either of the following: a.) Use a Grass-crete driveway tread surface with a mountable rolled curb. Use 3' minimum transitions from the rolled curb back to the standard 6" curb. b.) Use a standard driveway curb cut with an asphalt/concrete (A/C) paved driveway. 2. The requirement to install the gate is deferred to Community Services staff. 3. "Grass-crete" is an acceptable tread surface, provided that the maximum slope of the driveway does not exceed 1%, as indicated on the Mar Vista tentative map. If you have anyjjuestions, please contact me at extension 4388. tf» Associate Engineer - Land Use Review Assistant City Engineer Principal Civil Engineer - Land Use Review Principal Civil Engineer - Plan Check Bob Ladwig Ladwig Design Group 703 Palomar Airport Road #300 Carlsbad, CA. 92009 MEMORANDUM September 19, 1996 TO: ASSOCIATE PLANNER - ANNE HYSONG FROM: Associate Engineer - Michael J. Shirey SDP 94-10"A":MARVISTA (CT 94-1D/SDP 95-06"A":EMERALD RIDGE WEST {CT 95-03) SDP AMENDMENT INITIAL REVIEW Engineering Department staff have completed a review of the above-referenced projects. There are no engineering issues of concern associated with these amendments and no additional engineering conditions of approval will be placed on the projects. In accordance with our discussion today, regarding Mar Vista, I have reviewed the placement of the proposed 4' concrete block wall along the lots where the landslide mitigation is proposed and have found that the Site Development Plan (SDP) amendment is in conformance with the Substantial Conformance Exhibit (SCE) for the project. If you have any questjews, please either see or call me at extension 4388. MICHAtL Associate Engineer - Land Use Review c: Assistant City Engineer Principal Civil Engineer - Land Use Review LEIGHTOH AND ASSOCIA TES, INC. Geotechnicoi and Environmental Engineering Consultants August 21, 1996 Project No. 4890860-006 To: Crosby Mead Benton and Associates 5650 El Camino Real, Suite 200 Carlsbad, California 92008 Attention: Mr. Bruno CallfT Subject: Preliminary Plan Review and Response to Review Comments, Mar Vista Residential Subdivision, Carlsbad Tract CT 94-11, Carlsbad, California Introduction In accordance with your request, we have performed a preliminary plan review of the Grading and Erosion Control Plan prepared by Crosby Mead Benton and Associates (Appendix A). We have reviewed the comments provided by the City of Carlsbad plan check and provide response herein. In addition, five bound copies of the appropriate referenced reports are included for your submitted use. Plan Review From our review of the referenced plans, it appears that the proposed grading conforms to our recommendations provided in our geotechnical update report dated January 26,1995 (Appendix A). It should be noted, however, that the recommendation provided in our referenced report regarding cut/fill transition lots is still applicable. The referenced plans do not indicate that overexcavation of cut materials is necessary. We request that upon final submittal of the plans to the City of Carlsbad, Leighton performs a final review of the subject plans. At that time, we will sign/stamp the plans. Shrinkage and Bulking The volume change of excavated onsite materials upon recompaction is expected to vary with materials, location, and compaction effort. The in-place and maximum densities of surficial soils and bedrock material vary and accurate overall determination of shrinkage and bulking cannot be;made. Therefore, we recommend site grading plan include, if possible, a balance area to accommodate some 3934 MURPHY CANYON ROAD, SUITE B205, SAN DIEGO, CA 92123 (619) 292-8030 • (800) 447-2626 FAX (619) 292-0771 4890860-06 variation. Based on our experience with similar materials, the following values are provided as guidelines: Topsoil and Undocumented-reusable Fill 4 to 10 percent shrinkage Terrace Deposits (weathered upper 3 percent shrinkage 3 to 6 feet) Terrace Deposits (unweathered) 2 percent bulk Preliminary Pavement Design For preliminary design purposes, we have utilized a design R-value of 40 for the pavement subgrade soils based on our experience and knowledge of soils in the project area. It is recommended that representative samples of actual subgrade materials be obtained after grading and tested to provide the final pavement design. Utilizing the City of Carlsbad structural section of streets and alleys, supplemental standard No. GS-17, dated April 20, 1993, and a design R-value of 40, we provide the following preliminary pavement sections for planning purposes. We are presenting the preliminary pavement sections based on three traffic indices. The project civil engineer should determine the appropriate traffic index. • Traffic Index = 4.5 - cul-de-sac street (20 year design life) 4 inches of asphalt concrete over 4 inches of Class 2 aggregate base • Traffic Index = 5.0 - local streets (20 year design life) 4 inches of asphalt concrete over 4 inches of Class 2 aggregate base • Traffic Index - 6.0 - collector streets (20 year design life") 4 inches asphalt concrete over 6 inches Class 2 aggregate base Asphalt Concrete (A.C.), Portland cement concrete (P.C.C.) and Class 2 base materials should conform to and be placed in accordance with the latest revision of the California Department of Transportation Standard Specifications (Caltrans) and American Concrete Institute (ACI) codes. The upper 6 inches of subgrade soils should be moisture conditioned and compacted to at least 95 percent relative compaction based on ASTM Test Method D1557-91 prior to placement of aggregate base. The base layer should be compacted to at least 95 percent relative compaction as determined by ASTM Test Method D1557-91. Untreated Class 2 aggregate base (not processed miscellaneous base) should meet the four criterias of Section 26-1.02A of the most recent Caltrans specifications. Too of Slope Setback Lastly, the City of Carlsbad posed concern regarding the minor sloping berm and brow ditch that are proposed to be constructed within the 60 foot structured setback along the top of slope. This -2- LCI6HTOH AMD ASSOCIATES, OK. N,-,. 4890860-06 improvement does not decrease the gross stability of the "rim" lots specifically of Lot 31. We consider the berm to be a necessary improvement for drainage considerations. We do not consider this to be a critical structure that should be outside of the 60 foot setback. If you have any questions regarding our letter, please contact this office. We appreciate this opportunity to be of service. Respectfully submitted, LEIGHTON AND ASSOCIATES, INC Robert F. Riha, CEG 1921 Project Geologist Scott C. Burns, RCE 55370 Senior Staff Engineer Attachments: Appendix A - References Five Copies of Each Referenced Report Distribution: (2) Addressee with Reports (1) UDC Homes Attention: Mr. Glenn Chastain RFR/JGF/cdl -3- LtlBHTOH AMD ASSOCIATES, OK. 4890860-06 APPENDIX A REFERENCES Crosby Mead Benton and Associates, 19%, Grading and Erosion Control Plans for: Mar Vista, Carlsbad Tract 94-11, 10 Sheets, signed May 31, 1996. Leighton and Associates, Inc., Geotechnical Investigation, ±34-Acre Site Northeast of Paseo Del Norte, Carlsbad, California, Project No. 8890860-01, dated July 18, 1989. -, 1995, Geotechnical Update Report, Mar Vista Residential Subdivision, McReynolds Property, Carlsbad, California, Project No. 4890860-004, dated January 26, 1996. -, 1995, Supplemental Geotechnical Investigation of Suspect Landslide Area, Mar Vista Residential Subdivision, McReynolds Property, Carlsbad, California, Project No. 4890860-04, dated September 15, 1995. A-l Augusts, 1996 City of Carlsbad Engineering Department 2075 Las Palmas Drive Carlsbad, CA 92009 SUBJECT: LETTER OF PERMISSION FOR OFFSITE GRADING IN CONJUNCTION WITH MAR VISTA - CT 94-11, CITY OF CARLSBAD, CA Gentlemen: We are the owners of Emerald Ridge West, CT 95-03, which is adjacent to the easterly line of Mar Vista, CT 94-11. We have reviewed City Drawing No. 348-7A which shows the proposed grading on our property and do hereby grant our permission to enter and grade as shown hereon. Date: 8/5/96 L-1034 City of Carlsbad Engineering Department July 17, 1996 Robert C. Lad wig LADWIG DESIGN GROUP, INC. 703 Palomar Airport Road, Suite 300 Carlsbad, CA 92009 MAR VISTA (CT 94-11) This letter will confirm that the obligation to construct Encina drainage channel improvements per the Future Improvement Agreement, Document No. 74-216631 will be fully met with the construction of improvements required under the tentative map and the payment of the current drainage area fee. RICHARD H. ALLEN, JR., P.E. Principal Civil Engineer RHA: C: City Engineer Assistant City Engineer Ellorin Consulting Engineers -File CT 94-11 2O75 Las Palmas Dr. - Carlsbad, CA 92OO9-1576 • (619) 438-1161 • FAX (619) 438-O894 f*' ' ..X City of Carlsbad Engineering Department May 7, 1996 BRUNO CALLU CROSBY, MEAD, BENTON & ASSOCIATES 5650 EL CAMINO REAL SUITE 200 CARLSBAD CA 92008 MAR VISTA (CT 94-111/EMERALD RIDGE WEST (CT 95-03) "PRELIMINARY" SUBSTANTIAL CONFORMANCE ISSUE REVIEW The mylar copy tentative maps for the above referenced projects have been approved. Since staff had the opportunity, a "preliminary" substantial conformance exhibit issue review was conducted. Some issues which must be resolved/addressed prior to approval of a substantial conformance exhibit for each of these projects are as follows: Mar Vista (CT 94-11): 1. Although the grading for Lot No.'s 20, 21, 29 and 30 was shown in conformance with the project condition's of approval, the rear lot lines still must be pulled back to the required 20' setback, as is stated in the condition. 2. As has been discussed, the grading and grading quantities must be revised to reflect that Hidden Valley Road has already been graded. 3. Crosby, Mead, Benton and Associates must be identified on the substantial conformance exhibit as the new Engineer of Work. Emerald Ridge West (CT 95-03): 1. Since sewer lines have been established in this area in accordance with the Hidden Valley Road grading and the Carlsbad Municipal Water District's (CMWD) sewer installation for Zone 20, identify and indicate on the substantial conformance exhibit specifically how this project will sewer. 2. As has been discussed, the grading and grading quantities must be revised to reflect that Hidden Valley Road has already been graded. 3. Crosby, Mead, Benton and Associates must be identified on the substantial conformance exhibit as the new Engineer of Work. 4. In accordance with the conditions of approval, General Note No. 27 shall be revised to state that easement item No.'s 7, 13 and 14 will not be vacated. Also on sheet 2, the "To be Vacated" for easement item No.'s 7 and 14 shall be deleted. 2O75 Las Palmas Dr. • Carlsbad, CA 92OO9-1576 • (619) 438-1161 • FAX (619) 438-0894 MAR VISTA (CT 94-11 )/EMERALD RIDGE WEST (CT 95-03} PAGE: 2 "PRELIMINARY" SUBSTANTIAL CONFORMANCE ISSUE REVIEW B. CALLU LETTER: MAY 7, 1996 5. In accordance with the conditions of approval, easement item No. 6 also must be shown on the substantial conformance exhibit. This "preliminary" review does not constitute a complete review of these projects for substantial conformance, but was performed however, as a service to the applicant to aid in facilitating the substantial conformance exhibit process. If you have any questions, please call me at telephone 4348-1161, extension 4388. MICHAEL J. SHIREY Associate Engineer - Land Use Review c: Assistant City Engineer Principal Civil Engineer - Land Use Review Associate Planner - J. Gibson Bob Ladwig CITY OF CARLSBAD ENGINEERING DEPARTMENT LAND USE REVIEW TO: ASSOCIATE PLANNER - JEFF GIBSON DATE: NOVEMBER?, 1995 FROM: Associate Engineer - Michael J. Shirey PROJECT ID: CT 94-11, SDP 94-10 VIA: Assistant City Engineer ^ MAR VISTA (MCREYNOLDS) PROJECT REPORT AND CONDITIONS TRANSMITTAL The Engineering Department has completed its review of the above referenced project and is recommending: X That the project be approved subject to the conditions as listed on the attached sheet. That the project be denied for the following reasons: X The following is a final Land Use Review project report for inclusion in the staff report for this project. LEICHTON AND ASSOCIATES, INC Geotechnical and Environmental Engineering Consultants October 18, 1995 Project No. 4890860-005 To: Christa McReynolds 2316 Calle Chiquita La Jolla, California 92037 Attention: Ms. Christa McReynolds Subject: Response to Verbal Review Comments, Mar Vista Subdivision, Carlsbad, California Reference: Leighton and Associates, Inc., 1995, Supplemental Geotechnical Investigation of Suspect Landslide Area, Mar Vista Residential Subdivision, McReynolds Property, Carlsbad, California, Project No. 4890860-004. In accordance with the request of Mr. Bob Ladwig of Ladwig Design Group, Inc., we have prepared this letter to address some of the concerns expressed by the City of Carlsbad. In preparation of this letter, we have reviewed our referenced reports, discussed the review comments with Mr. Ladwig and Mr. Bob Wojcik from the City of Carlsbad. Based on our conversations, we provide the following clarification. • Setback Areas: A 20-foot setback from the top of perimeter natural slopes is recommended due to the steepness of the slope and non-cohesive nature of the near-surface soils. Settlement- sensitive structures such as pools, concrete decking, spas, concrete retaining walls, tennis courts, or other similar construction should be avoided within the setback area. Other flexible structures, such as wood decks, wood gazebos or other articulating, non-habitable structures may be considered if evaluated on a case-by-case basis by a geotechnical engineer and/or structural engineer. • Existing Landslide: The existing landslide mass encompasses substantially less area than previously interpreted based on our recent subsurface investigation (see our referenced report). The potential for reactivation of the landslide mass can be greatly reduced by preventing surface water from accumulating on or near the slide mass or erosion at the toe area of the slide. The slide area should not be irrigated and water should not be allowed to flow over the top of the adjacent slope or over the slide area. In the event of slide reactivation, some sympathetic failure of the low-lying slope above the slide area or the near vertical "graben" area may become less stable and susceptible to localized failure over time especially during periods of heavy precipitation. It is our opinion that this would not 3934 MURPHY CANYON ROAD, SUITE B205, SAN DIEGO, CALIFORNIA 92123 (619) 292-8030 • (800) 447-2626 FAX (619) 292-0771 4890860-005 directly affect the adjacent residential lots (outside of the 20 foot setback area) and remedial measures would not be necessary. If you have any questions regarding our letter, please contact this office. We appreciate this opportunity to be of service. Respectfully submitted, LEIGHTON AND ASSOCIATES, INC. RFR/JGF/jss Distribution: (1) Addressee (4) Ladwig Design Group Attention: Mr. Bob Ladwig Robert F. Riha, CEG 1921 Senior Staff Geologist G. Franzone, RCE rector of Engineering FRANZOME j. 2139 !i m -2- LEIGHTOH AMD ASSOCIATES, IHC. OCT 0 5 1995 ENGINEERING DEPARTMENT October 4, 1995 TO: MIKE SHIREY, LAND USE REVIEW FROM: Bill Plummer, District Engineer MAR VISTA/COSTA DO SOL/EMERALD RIDGE WEST SEWER CONDITIONS CMWD PROJECT NOS. 94-508, 90-510, AND 88-504 In responding to your memo dated September 28, 1995, we have the following comments: 1 . For Costa Do Sol, condition "E" shall be modified to delete reference to an outfall system with line, temporary lift station, and force main and include the comment that they shall enter into the "Agreement for Reimbursement of Costs for the Construction of Poinsettia Park Offsite Sewer, CMWD Project No. 94-404." 2. For Mar Vista and Emerald Ridge West, delete condition "F1 " and "F2" and include the comment that sewer service would be provided by the Poinsettia Park Offsite Sewer and that they enter into the "Agreement for Reimbursement of Costs for the Construction of Poinsettia Park Offsite Sewer, CMWD Project No. 94-404. Thank you, WILLIAM E. PLUMMER, P.E. District Engineer WEP:sjs CMWD 94-508, 90-510 & 88-504 TO Uftduiig Design Group, Inc. 703 Pcilomcir flirport Road #300 Carlsbad, California 92009 (619)438-3182 FOX (619)438-0173 WE ARE SENDING YOU D Shop drawings D Copy of letter D Attached D Under separate cover via . D Prints D Change order D Plans D ILIlWt ATTENTION' D Samples _the following items: D Specifications COPIES DATE NO.DESCRIPTION THESE ARE TRANSMITTED as checked below: D For approval B^For your use D As requested D For review and comment D FOR BIDS DUE REMARKS C^INiiwNfc COUNTER D Approved as submitted D Resubmit copies for approval D Approved as noted D Submit copies for distribution D Returned for corrections D Return corrected prints D 19 D PRINTS RETURNED AFTER LOAN TO US COPY TO UsJ , RECYCLED PAPER: Contents: 40% Pre-Consumer • 10% Post-Consumer SIGNED:. N enclosures are not as noted, kindly notify us at once. MEMORANDUM April 12,1995 TO: ASSOCIATE PLANNER - JEFF GIBSON FROM: Associate Engineer - Land Use Review VIA: Principal Civil Engineer - Land Use Review \ 1/J * 1*2/ CT 94-1 1 , SDP 94-1 0; MAR VISTA THIRD ENGINEERING ISSUES REVIEW Engineering Department staff have completed a third review of the above referenced project ^or Engineering issues of concern. Engineering issues which still must be resolved prior to scheduling this project for a hearing are as follows: Traffic and Circulation f)A Thank you for indicating the right of way access south of Cherry Blossom Road to Altimira Park. Again, however, as previously stated, this access must be indicated as a "gated emergency access" for this proposed project. Additionally, it must also be shown as a functional access. Therefore, please show the following: Altimira Park driveway/access aisle & a portion of the parking area. Right of way & access width of the proposed "emergency access." Altimira Park parking lot elevation. Grade of the "emergency access." Indicate this access as "Mar Vista Emergency Access" on the tentative Map. Also, regarding this cul-de-sac issue, timing of improvements becomes a factor. If this project is constructed before the City Park then a design for this emergency access would be required. Rather than pursuing a preliminary design at this stage, please indicate Cherry Blossom Road (CBR), from "B" Street to Hidden Valley Road (HVR), as a 52' wide modified collector with a 4 ft. raised median. Also, regarding this modified collector, please add a note to the tentative map General Notes stating that depending on when this proposed ^ project or the City Park is constructed, either emergency access will occur via ^\ 1' the emergency access through the park, or, through the widened (CBR) section. / /" * Ztft ^, Indicating HVR, south of Psiomar Airport Road (PAR), as a 48 ft. curb to' $<$' f «^^ -v i >,dirt^L curb/68 ft. right of way width is acceptable. However, additional information ^ jFJc/S'' •yjlU l'.' regarding right of way alignments, for HVR both north and south of PAR, still ^O^j «/ TXUd-^0' must be indicated on the tentative map. Therefore, show the proposed ; ti ^® ^.f^ v^/j alignment for HVR north of PAR so that future centerline, right of way and curb u ' y ^"^T, • ^ to curb alignments can be verified. )\C^"t^\ff"' CT 94-11, SDP 94-10; MAR VISTA PAGE: 2 SECOND ENGINEERING ISSUES REVIEW J. GIBSON MEMO; APRIL 12, 1995 Se wer/Drainaae Recent discussions with the Carlsbad Municipal Water District (CMWD), District Engineer indicate that various designs are progressing with regards to a future sewer line through the proposed City Park north through the proposed Mar Vista subdivision. Different alternatives currently exist, however, due to potential environmental constraints a preferred alternative is to carry the sewer line through the Mar Vista public roadway system (Calle Serena & Vista De Olas), up proposed lot 19's driveway and then directly north to PAR through an area which is covered with pampas grass. This alternative (shown off site to PAR) must be reflected on the tentative map for this proposed project. Additionally, s has been previously requested, a facility access road must also be provided nd shown on the tentative map. Regarding this access road, the following "Engineering Standard criteria is applicable: ty\I f f\/ • * .'i.il* / JT Jf I <*\*~4% maximum grade. H«\15 mph speed. Gated entry. Minimum 12 ft. paved width. 38 ft. minimum radius. Work area/turn arounds provided at the manholes. Due to probable future manhole locations, access does not have to be shown for the slope portion of the sewer line, from Lot 19 approximately 400 ft. to the property line angle point at bearings N62°12'55" and S89°27'10". / If different sewer/drainage alignments are being considered, any alignment which is proposed must have an all weather access road associated with it, and be shown on the tentative map. Facility access roads must be indicated at the tentative map stage of the project and cannot be deferred until processing of a final map. Also, delete General Note No. 25. Thank you for adding General Note No. 24, however, not only may the sewer alignment change outside of the project, it also may change within the project boundaries. Therefore, please delete the word "outside" in General Note No. 24. Thank you for indicating the easement width, for the proposed storm drain/sewer easement, at Lot No. 17; however, the 20 ft. easement designation is in the wrong place. Where it is shown as 20 ft., the easement actually scales to 25 ft. Again, please correct this minor discrepancy. (The easement scales to 20 ft. after the angle point down the slope.) If the proposed sewer alignment changes in accordance with Sewer/Drainage issue No. 1 above, then this minor issue is applicable for any newly proposed sewer alignments/easements. CT 94-11, SDP 94-10; MAR VISTA SECOND ENGINEERING ISSUES REVIEW J. GIBSON MEMO; APRIL 17, 1995 Land Title PAGE: 3 - z\\- y)°'I o 6 V- Thank you for indicating the document numbers and recordation dates of the various easements which are located within and adjacent to this proposed subdivision. However again, as previously requested, please indicate the future disposition of all easements located within the property boundary. Miscellaneous Please provide staff with documentation from the adjacent property owner (Kelly) stating that they are aware of and concur with this proposed project and e proposed road alignments through their (Kelly's) property. P Attached are a set of redlined check prints for the applicant's use in making the requested revisions. The applicant must return these check prints to assist staff in continued project review. If you or the applicant have any questions, please either see or call me at extension 4388. MICH MEMORANDUM February 21, 1995 JL ^ ASSOCIATE PLANNER - JEFF GIBSON Assistant Engineer - Land Use Review Principal Civil Engineer - Land Use ReviewP i TO: From: Via: CT 94-11, SDP 94-10; MAR VISTA SECOND ENGINEERING ISSUES REVIEW Engineering Department staff have completed a second review of the above referenced project for Engineering issues of concern. Engineering issues which still must be resolved prior to scheduling this project for a hearing are as follows: Traffic and Circulation Thank you for redesigning the Vista De Olas/Calle Serena intersection. However, even with this redesign a sight distance deficiency still exists at Lot No. 22. Again, as previously stated, sight distance must be achieved at this intersection. A minimum Stopping Sight Distance of 1 50 ft. must be chieved at all "legs" of the intersection; however, a Stopping Sight Distance of 200 ft. is preferred. The northeast and northwest "legs" of the intersection still do not meet this criteria. Please either revise the proposed slope or increase the radii at the intersection to meet this criteria. Thank you for indicating the right of way access south of Cherry Blossom ^ Road to Altimira Park. As previously stated, though, this access must be indicated as a "gated emergency access" for this proposed project. It also ust be shown as a functional access. Therefore, please show the Mowing: fib " /'/>/ i , / ,VM M if \'[\ ' '!\\' ' ; • Altimira Park driveway/access aisle & a portion of the parking area. • Right of way & access width of the proposed "emergency access." • Altimira Park parking lot elevation. • Grade of the "emergency access." • Indicate this access as "Mar Vista Emergency Access" on the tentative Map. *W Again, for the applicants information, Craig Whitteker of Alliance Engineering is in the process of designing this gated emergency access in conjunction with the proposed Kelly project. CT 94-11, SDP 94-10; MAR VISTA PAGE: 2 SECOND ENGINEERING ISSUES REVIEW J. GIBSON MEMO; FEBRUARY 21, 1995 5e wer/Drainaae As previously indicated, the Carlsbad Municipal Water District (CMWD) is in - , «> the process of designing a sewer line through the proposed City Park v (Altimira Park) northerly to the Price Club property. This CMWD design may 0. L-Wf negate part of this proposed projects sewer design in the future. Since two A\hQ \, separate sewer systems will not be feasible, at some point in the future, this ,,. ^ ^ ', t "f project's sewer system will have to tie into the CMWD system and vice- . riw *• \\JW\t yi* ;/f versa. Again, as previously requested, to accommodate for this future vk »'* occurrence' Please indicate this detail under the General Notes on the ^ ' Tentative Map. In accordance with the applicant's Consultant Engineer's request, this item can also be included as a Condition of Approval for the project. / / / OIC ^_ _y_ \(2. Thank you for indicating the easement width, for the proposed storm *l.V drain/sewer easement, at Lot No. 17; however, the 20 ft. easement designation is in the wrong place. Where it is shown as 20 ft., the easement actually scales to 25 ft. Please correct this minor discrepancy. (The easement scales to 20 ft. after the angle point down the slope.) . \ Again, as previously requested, please indicate the gradient, right of way and I \^ i/ Pavec' width of the sewer/drainage all weather access road on the tentative II (/^ tmaP- Regarding this access road, the following Engineering Standard criteria " <s- 4*ji" is applicable: Gated entry. Minimum 12 ft. paved width/ -"*'tr>r,/i/g& 38 ft. minimum radius. rr^ Work area/turn arounds provided at the manholes. Due to the 24% grade at Lot No. 17 maintenance access to these facilities must be provided from the west. Land Title Thank you for plotting Preliminary Title Report (PTR) item No. 4 on the Tentative Map. Some information was excluded, however. Please indicate the date and record number of this easement, as well as, the easement's cM"$W-£ G ^ 4 future disposition. Additionally, as previously requested, please indicate the iv£ ' future dispositions of all of the easements indicated on this tentative map. CT 94-11, SDP 94-10; MAR VISTA SECOND ENGINEERING ISSUES REVIEW J. GIBSON MEMO; FEBRUARY 21, 1995 PAGE: 2 Land Title - Meeting Discussion Issue: Thank you for labeling the "up slopes" adjacent to Vista de Olas as having an Open Space Easement to the City; however, maintenance responsibility of these open space easements still must be addressed. Therefore, as previously requested please include under the General Notes that maJD|/3JW>eei'«SplJKsibHit¥Jo/M be provided by the underlying property owner orJHomeowners Association.- Attached are a set of redlined check prints for the applicant's use in making the requested revisions. The applicant must return these check prints to assist staff in a continued project review. If you or the applicant have any questions, please either see or call me at extension 43J MEMORANDUM January 30, 1995 cl > ] / -'3 " ' TO: ASSOCIATE PLANNER - JEFF GIBSON From: Assistant Engineer - Land Use Review Via: Principal Civil Engineer - Land Use Review CT 94-11, SDP 94-10; MAR VISTA SECOND ENGINEERING ISSUES REVIEW Engineering Department staff have completed a second review of the above referenced project for Engineering issues of concern. Engineering issues which still must be resolved prior to scheduling this project for a hearing are as follows: Traffic and Circulation 1. The project traffic report prepared by WPA was previously considered acceptable with the submittal of the December 22, 1995 update letter. However, with this second submittal the assumptions, conclusions and recommendations of the project traffic report have changed dramatically. This new report justifies providing only 28 ft. of pavement for Hidden Valley Road (HVR), whereas the previous report indicates the provision of 48 ft. of pavement with a transition to 64 ft. of pavement, to align with the future northerly leg of the Palomar Airport Road (PAR)/HVR intersection. This new report also indicates totally different Levels of Service (LOS) analysis and conclusions than the previous report. At this time, the proposed Mar Vista project will be required to construct the required 48 ft./68 ft. of pavement for HVR along with curb, gutter, sidewalk, street light standards and any necessary utilities and drainage facilities, as a Condition of Approval for the project. The applicant can enter into reimbursement agreements with the adjacent/surrounding property owners to acquire various construction cost reimbursement for these improvements of which the adjacent/surrounding property owners will benefit. The improvement of HVR shall be a project Condition of Approval for the following reasons: A. CT 92-02 (Sambi) is already "conditioned" to construct HVR as a 28 ft. paved section and therefore additional requirements cannot be specifically requested of this project. CT 94-11, SDP 94-10; MAR VISTA PAGE: 2 SECOND ENGINEERING ISSUES REVIEW J. GIBSON MEMO; JANUARY 30, 1995 B. With this current project proposal. Mariner's Point, Sambi, Costa Do Sol, Altimira Park, and, with the potential for a project being submitted for the adjacent Kelly property, the potential exists to have a number of projects constructed without having HVR (to the north) constructed to its full width with the ultimate improvements. This could result in both LOS and operational/safety deficiencies for this roadway and various intersecting streets. C. In accordance with the Zone 5 Local Facilities Management Plan (LFMP), the northerly "leg" of the PAR/HVR intersection is designated as a Secondary Arterial, with a 64 ft. (curb-to- curb)/84 ft. (right of way.) Therefore the southerly "leg" of this intersection must line up (as was originally indicated in the first project traffic report.) If the applicant takes issue with this Condition of Approval for this project, then they must definitively show that the full width of HVR is not needed at project construction and in the future. As was previously stated, the two traffic reports which were submitted for the project conflict with regards to results and recommendations and staff does not have much confidence at this time with regards to the manner in which these reports were prepared (at least the second report.) Originally, staff stated that only an operational type traffic report was required for project submittal, since previously other traffic reports had been prepared in the project vicinity. (An operational traffic report being a report that basically was not quite as in depth as compared to a standard type traffic report, where no other traffic analysis had ever been conducted.) The first traffic report met this recommendation. However, the second traffic report which was submitted attempted to further discuss various LOS and reached different conclusions from previous reports which were prepared. Therefore, if additional traffic analysis is conducted a full standard project traffic report will be required. This report shall include but not be limited to all of the following: A. Introduction - Including the Purpose of the report and Study Objectives. B. Executive Summary. C. Study Area Exhibit. D. Roadway System Exhibits - Existing/Future (including number of lanes.) E. Traffic Volume Exhibits - Existing Volumes/Future Volumes/Future Volumes with the Project/Future Volumes with the project plus Cumulative Projects; at Years - Existing, 2000 and Buildout. F. Trip Generation Table (SANDAG). G. Trip Distribution Exhibits at Years - Existing, 2000 and Buildout. H. Land Capacity Table. I. Level of Service Table. CT 94-11. SDP 94-10; MAR VISTA PAGE: 3 SECOND ENGINEERING ISSUES REVIEW J. GIBSON MEMO; JANUARY 30, 1995 F. Traffic Analysis: • Methodology text discussion (including modeling and manual adjustment efforts.) • Model Runs. • Manual Adjustment Calculations. • Peak Hour Turning Movement Exhibits at Years - Existing, 2000 and Buildout. (Based on peak hour counts conducted at adjacent intersections.) • LOS Tables at Years - Existing, 2000 and Buildout. (Both intersection and link.) • Deficiency text discussion. (Both intersection and link.) • Mitigation requirement discussion. (Both intersection and link.) • Intersection Traffic Signal Warrant Analysis at Years - Existing, 2000 and Buildout. • Conclusions and Recommendations. 2. Thank you for redesigning the Vista De Olas/Calle Serena intersection. However, even with this redesign a sight distance deficiency still exists at Lot No. 22. Again, as previously stated, sight distance must be achieved at this intersection. A minimum Stopping Sight Distance of 150 ft. must be achieved at all "legs" of the intersection; however, a Stopping Sight Distance of 200 ft. is preferred. The northeast and northwest "legs" of the intersection still do not meet this criteria. Please either revise the proposed slope or increase the radii at the intersection to meet this criteria. 3. Thank you for indicating the right of way access south of Cherry Blossom Road to Altimira Park. As previously stated, though, this access must be indicated as a "gated emergency access" for this proposed project. It also must be shown as a functional access. Therefore, please show the following: • Altimira Park driveway/access aisle & a portion of the parking area. • Right of way & access width of the proposed "emergency access." • Altimira Park parking lot elevation. • Grade of the "emergency access." • Indicate this access as "Mar Vista Emergency Access" on the tentative Map. Again, for the applicants information, Craig Whitteker of Alliance Engineering is in the process of designing this gated emergency access in conjunction with the proposed Kelly project. CT 94-11, SDP 94-10; MAR VISTA PAGE: 4 SECOND ENGINEERING ISSUES REVIEW J. GIBSON MEMO; JANUARY 30, 1995 4. In regards to providing a trail along side HVR in lieu of sidewalk on the west side of HVR, after additional staff review it has been determined that sidewalk must be provided on both sides of HVR in accordance with City Standards. Providing a trail along side HVR can, however, still be investigated with the City's Planning Department staff. In accordance with the Carlsbad Trails Feasibility Study, a number of criteria must be met with regards to providing a trail as follows: • Paved Trail - 12'(min.) to 14'(preferred) trail/16'{min.) to 20'(preferred) right of way. • Natural Trail - 8'(min.) to 10'(preferred) trail/12' right of way. • Paved Trail Gradient - 5% Optimum, 5-8% Acceptable for < 30', 8% Maximum. • Natural (D/G) Trail Gradient - 5% Optimum, 5-10% Acceptable, 10-20% Acceptable for < 100'. 5. As previously indicated, discrepancies still exist in the proposed alignment of HVR. Staff compared the Sambi (CT 92-02) off-site HVR improvement plans with the recent trail submittal plans, the two plans do not match (e.g., the Sambi (CT 92-02) plan shows Anemone Dr. (Cherry Blossom/HVR intersection) as splitting the property line with a 56 ft. right of way, and, the Mar Vista tentative map shows this roadway as skewed with a 60 ft. right of way. Also, the Sambi improvement plan (Dwg. 327-9) indicates a curve through this intersection and this tentative map shows this intersection on a tangent section. Again, these plans must match. Therefore, as previously requested, the applicant must accurately define the alignment of HVR, and the previously mentioned intersection, and, submit documentation on these alignments. Se wer/Drainaae 1. As previously indicated, the Carlsbad Municipal Water District (CMWD) is in the process of designing a sewer line through the proposed City Park (Altimira Park) northerly to the Price Club property. This CMWD design may negate part of this proposed projects sewer design in the future. Since two separate sewer systems will not be feasible, at some point in the future, this project's sewer system will have to tie into the CMWD system and vice- versa. Again, as previously requested, to accommodate for this future occurrence, please indicate this detail under the General Notes on the Tentative Map. In accordance with the applicant's Consultant Engineer's request, this item can also be included as a Condition of Approval for the project. CT 94-11, SDP 94-10; MAR VISTA PAGE: 5 SECOND ENGINEERING ISSUES REVIEW J. GIBSON MEMO; JANUARY 30, 1995 2. Thank you for indicating the easement width, for the proposed storm drain/sewer easement, at Lot No. 17; however, the 20 ft. easement designation is in the wrong place. Where it is shown as 20 ft., the easement actually scales to 25 ft. Please correct this minor discrepancy. (The easement scales to 20 ft. after the angle point down the slope.) 3. Again, as previously requested, please indicate the gradient, right of way and paved width of the sewer/drainage all weather access road on the tentative map. Regarding this access road, the following Engineering Standard criteria is applicable: 14% maximum grade. 15 mph speed. Gated entry. Minimum 12 ft. paved width. 38 ft. minimum radius. Work area/turn arounds provided at the manholes. Due to the 24% grade at Lot No. 17 maintenance access to these facilities must be provided from the west. Land Title 1. Thank you for plotting Preliminary Title Report (PTR) item No. 4 on the Tentative Map. Some information was excluded, however. Please indicate the date and record number of this easement, as well as, the easement's future disposition. Additionally, as previously requested, please indicate the future dispositions of all of the easements indicated on this tentative map. 2. Land Title - Meeting Discussion Issue: Thank you for labeling the "up slopes" adjacent to Vista de Olas as having an Open Space Easement to the City; however, maintenance responsibility of these open space easements still must be addressed. Therefore, as previously requested please include under the General Notes that maintenance responsibility will be provided by the underlying property owner or Homeowners Association. Attached are a set of redlined check prints for the applicant's use in making the requested revisions. The applicant must return these check prints to assist staff in a continued project review. If you or the applicant have any questions, please either see or call me at extension 438$ Attachment 10 City of Carlsbad Planning Department February 17, 1995 Deborah N. Lee Assistant Director, San Diego Area Office California Coastal Commission San Diego Coast Area 3111 Camino del Rio North, Suite 200 San Diego, CA 92108-1725 RE: SAMBI - CT 92-02/CDP #6-94-131 & THE ALIGNMENT OF ROADWAYS AND INTERSECTIONS IN THE ZONE 20 SPECIFIC PLAN Dear Deborah: Per the discussions at our most recent meeting on February 16,1995, this letter provides your staff with the additional information you requested concerning the alignment of roadways and the placement of intersections in and around the Sambi project within the western portion of the Zone 20 Specific Plan. The traffic engineering justifications for the construction of Hidden Valley Road (HVR), South of Palomar Airport Road (PAR) to Poinsettia Park are included as follows: 1. There are three land locked parcels South of PAR that need access to a publicly dedicated roadway in order to develop (APN 212-040-32, & 36, 212-040-14); 2. In addition to these three parcels, there are four parcels that have approvals from the City that will take access off of HVR leading South to Camino De Las Ondas (CDLO) and on to Paseo Del Norte (PDN); 3. The total volume of traffic generated from all of these projects is approximately 13,300 average daily trips (ADT); 4. If all of those ADT were directed to either Alga Road, to the East, or CDLO to the South, the following Circulation Element Intersections would be impacted: (a) PAR & PDN; (b) PAR & Alga Road; (c) Poinsettia Lane & Alga Road; (d) Poinsettia Lane & PDN. 2O75 Las Palmas Drive • Carlsbad, California 92OO9-1576 - (619) 438-1161 SAMBI - CT 92-02/CDP 6-94-131 February 17, 1995 Page 2 5. In the City's Growth Management Program those intersections were analyzed for Levels of Service (LOS) at buildout of the City. The least acceptable LOS for morning (AM) and evening (PM) peak traffic is a LOS "D". A LOS of "E" is considered to be a failing intersection. The above stated impacted intersections are projected to have the following LOS at buildout: (a) "D"inPM; (b) "D"inPM; (c) "D" in AM, "D" in PM; (d) "D" in AM, "D" in PM. Those projections were based on HVR being constructed from PAR to CDLO. Therefore, if HVR were not constructed those Circulation Element Intersections could fail; 6. The City has a standard that requires a development with more than 50 units to have two access points. This is done for emergency access purposes. It allows emergency vehicles an added access point as well as allowing emergency egress for the residents. If HVR were not constructed, North of the Poinsettia Park, that emergency access may not be feasible. The Sambi project, and the properties that surround it, all have developable land per the provisions of the Mello II Segment of the LCP and they are currently land locked parcels without access to public roadways. The roadway network necessary to adequately and safely access and service these parcels include Alga Road, Hidden Valley Road, Cherry Blossom Lane, and Camino de las Ondas. These roadways and their intersections impact Mello II "duel criteria11 slopes to a certain extent, however, the City has determined, through extensive environmental and project review, that these roadway segments and their intersections are necessary to provide primary and secondary access to, not only the Sambi project, but to the other properties that surround it. The City finds that you must first gain safe primary and secondary access to a property before you can even consider providing access to the remainder of either a flat or steep sloped property. Through the Final EIR for Zone 20 and an additional Mitigated Negative Declaration for the Sambi project, the City has evaluated the environmental impacts created by these roadway segments and finds that they are the least environmentally damaging. The adverse impacts associated with the access roads can be reduced to below a level of significance given the adopted mitigation measures for the Sambi project. Under the "duel criteria" provisions of the Mello II Segment of the LCP, these roadway connections all fall within at least one of the three exemption categories: (1) Circulation Element Roadways (Alga Road); (2) Utility systems (Hidden Valley Road), and; (3) Access to private property (Hidden Valley Road, Cherry Blossom Lane, Camino de las Ondas). SAMBI - CT 92-02/CDP 6-94-131 February 17, 1995 Page 3 The City's engineering safety standards for roadways and intersections, including intersection spacing, percentage of roadway grade, and the cul-de-sac standard for secondary emergency access, in conjunction with the unique configuration of the property lines in this portion of the planning area, has necessitated the circulation layout that was approved as part of the Sambi project. The City has a fundamental responsibility to provide functional, efficient, and safe access to private property, and it is our understanding that the Mello II Segment allows steep slope encroachment to accommodate these types of circulation and access roadways. We hope that this information is helpful to your staff when reviewing the Sambi project and other future projects in Zone 20, and we look forward to working with you in the future. If you have further questions please contact Jeff Gibson in the Planning Department at 438-1161, extension 4455, or Bob Wojcik in the Engineering Department at extension 4333. Sincerely, BOB WOJCIK Principal Engineer JEFF GIBSON Associate Planner c: Assistant Planning Director Chris DeCerbo Brian Hunter Don Agatep 1995-01-31 16:08 61? 434 8183 D. AGATEP & ^SSOC.001 P01 Donald A. Agatep & Associates City & Regional Planning Consultants FAX TRANSMITTAL Date : TO : Attn : Pg _L_ of IZk Pgs iy FAX*: FROM : REl A FAX*: (619) 434-8 1 83 D.A. Agatep &AS30C ai.TA. MESSAGE: &V-.C&A. •UC r^-OlJI (C<Lt_) '*VL_^-O»-rf**^l'C6*JT4 RESPOND TO;.FAX*: (619)434-8183 D.A. Agatep&ASSOC Qrig: 6/1/91 -II AV/vrt • Puti Office Box 590 • Curtsbutl • Calijbmiii 92003 • (619) 4J4-IOS6 1995-01-31 16:51 619x""34 8183 D. AGATEP &002 P02 STAJE Of CAUFORNIA—THE *E3OU*CC3 AOBNCY WOSON. Gowmoi- CALIFORNIA COASTAL COMMISSION SAN DIEGO COAST AJ«A 3111 CAMINO Ml WO NORTT1, SUITE 200 SAN DIEGO. CA M108-ir23 (619) 321-80M Filed: 49th Day: 180th Day: Staff: Staff Report: Hearing Date: 8/24/94 Halved 2/20/95 BP-SD 1/23/95 2/7-10/95 REGULAR CALENDAR STAFF REPORT AND PRELIMINARY RECOMMENDATION Application No.: 6-94-131 Applicant: Toyohara America Group Agent: Donald A. Agatep Description: Site: Planned Unit Development/Vesting Tentative Map for 347 residential units and to subdivide 68.5 acres into 134 lots, including 129 single family lots, and construction of 76 townhomes, 72 condominium units and 72 apartment units; also, designation of two future community facility sites; with 625,000 cubic yards of balanced grading to construct building pads, roads, and drainage and Infrastructure improvements; The project also proposes the off-site construction of a 1/2 mile of roadway (Hidden Valley Road), a riparian/coastal sage scrub mitigation plan for on-and-off site impacts, and construction of Camino de las Ondas in approved open space area on property south of the project site. Lot Area Zoning Plan Designation Project Density Ht abv fin grade 68.5 acres RDM-Q RM/RLM (4-6 du/ac) 5.6 dua 35 feet Southerly of Palomar Airport Ro&d, northerly of Camino de las Ondas, Carlsbad, San Diego County, APN 214-140-07 STAFF NOTES: Summ&rv of Staff's Preliminary Recommendation: Staff is recommending denial of the proposed project due to the project's inconsistency with provisions of the Mello II Local Coastal Program (LCP). Under the Coastal Act, the Commission, rather than the City of Carlsbad, is required to Implement the Mello II LCP until the City takes all necessary legal steps to assume issuance of coastal development permits consistent with the LCP. In the meantime, the Commission may approve a coastal development permit for this project only if the project is consistent with provisions of the Hello II LCP. The proposed project is inconsistent with the Mello U LCP for two reasons. First, the proposed on-site development will Impact approximately 1395-01-31 16:52 619 434 8183 D. AGATEP & ASSOC.002 P03 6-94-131 Page Z 3.62 acres of slopes that are Z5X grade or steeper and have coastal sage scrub or chaparral plants (referred to as "dual criteria steep slopes"). The LCP explicitly prohibits development on dual criteria steep slopes except if (a) preservation of these slopes denies a property owner any reasonable use of the property, in which case up to 10% encroachment on the slopes is allowed, (b) the development is for construction of a circulation element road, (c) the development is for the installation of utility services, or (d) the development 1s necessary to gain access to flatter areas of property. The 5.62 acres of dual criteria steep slopes on the applicant's property are concentrated 1n 4 pockets of the 68.5 acre site — three pockets in the eastern one-third of the property and one pocket on the northwestern corner of the property (Exhibit 2). The project proposes to develop one pocket of the steep slopes to construct Alga Road and the remainder to construct residential units. Although Alga Road Is a circulation element road and therefore can Impact otherwise protected slopes, the alignment can be altered to avoid the impacts. Development of the remainder of the dual criteria slopes is not permissible under any of the exemptions. Restricting development of these slopes does not deny the applicant any reasonable use of the property — it simply necessitates relocation and redesign of Alga Road and the planned residential units. Further, development on these slopes is not necessary to provide access to flatter portions of the site because the remaining approx. 63 acres of the site are either flat or contain unprotected slopes that will be developed. Second, the proposed off-site development will impact 6.81 acres of dual criteria steep slopes and 1 acre of wetland vegetation as a result of construction of Hidden Valley Road, a residential access road that would run along the western portion of the project site and extend a distance of one half mile from the western edge of the applicant's property boundary off-site to Palomar Airport Road. The Hello II LCP prohibits the proposed impacts to the 6.81 acres of dual criteria steep slopes if there is no less environmentally damaging alternative. Although the Hello II LCP provides for an exception to the prohibition on development of steep slopes if the development is to construct a circulation element road, the exception does not apply to allow residential access roads to Impact protected slopes. Hidden Valley Road Is not a circulation element road. The LCP includes only one circulation element road connecting Poinsettia Lane in the south to Palomar Airport Road in the north. The approved road. Alga Road, was reviewed for consistency with policies of the Coastal Act and is permitted to impact dual criteria steep slopes if necessary. Other residential access roads, such as the proposed Hidden Valley Road, are not approvable under the LCP unless they are consistent with provisions of the LCP, including the provision prohibiting impacts to steep slopes. Further, the Mello II LCP prohibits development in wetlands unless there is no feasible less environmentally damaging alternative. The impacts to 1 acre of wetlands are prohibited because there is a less environmental damaging alternative to the construction of a residential access road in this area. The alternative 1s the construction of Alga Road, a circulation element road A, 1335-01-31 16=10 613 434 8183 D. AGATEP & ASSDC. 001 P04 6-94-131 Page 3 that was approved in the Mello II LCP. The construction of Alga Road from Polnsettla Lane to the northern edge of the applicant's property Is proposed. The applicant does not propose to extend Alga Road Up to Palomar Airport Road, an extension contemplated by the LCP and planned by the City. Substantive File Documents: Certified City of Carlsbad Mello II Segment LCP; City of Carlsbad Negative Declaration CT 92-02, HDP 92-03, Biological Survey (May 1994) PRELIMINARY STAFF RECOMMENDATION: The staff recommends the Commission adopt the following resolution: I. SLfl.n1 a 1 • The Commission hereby denies a permit for the proposed development on the grounds that the development will not be In conformity with the adopted Local Coastal Program, and will have significant adverse impacts on the environment within the meaning of the California Environmental Quality Act. II. Findings and Declarations. The Commission finds and declares as follows: 1. Detailed Project Description. The applicant Is proposing the approval of a Planned Unit Development for 347 residential units on 134 lots which includes a Vesting Tentative Map to: subdivide 68.5 acres into 129 single family lots, subdivide and construct 76 townhomes and 72 condominium units, construct 72 apartment units, designate two future community facility sites, 625,000 cubic yards of balanced grading to construct building pads, roads, and drainage and infrastructure improvements. The project includes construction of two off-site roads to provide access to the site. One road is the extension of Alga Road from Its current termination at Poinsettia Lane up to the site and extending across the subject site. The second road is Hidden Valley Road, which would be constructed along the western boundary of the project site and extend north up to Palomar Airport Road. The parcel proposed for residential development and a portion of Alga Road contains four areas of naturally vegetated steep slopes, and grassland habitat that has been disturbed as a result of past agricultural use of the site. Approx. 2 acres of steep slopes in the northeastern corner is not proposed for development or grading at this time. The project proposes a riparian/coastal sage scri^-mitigation plan for on-and-off site Impacts. On site impacts total\3.£2^cres of naturally vegetated steep slopes; off-site impacts total 1 arcfe of wetlands to a riparian drainage and a portion of Encinas Creek., and 6.81 acres of naturally vegetated steep slopes. 1995-01-31 16:11 619 434 8183 D. AGATEP & ASSOC. 001 P05 6-94-131 Page 4 The project Is divided Into four different land use areas: Area "A" - In the eastern portion of the site, east of proposed Alga Road, proposed 1s (1) a 1.3 acre future community facility site and open space area (approx. 2 acres) with a cltywlde trail link; (2) a 72 unit condominium development with two-story buildings ranging in size from 858 to 1,375 sq. ft., two-car garages and carports, guest parking, and a central recreational facility with a pool and club house; and (3) a 72unit, two-story, apartment building with up to three bedroom units ranging in size from 551 to 1,017 sq. ft., carports and guest parking, and several recreational areas Including a pool and tot lot. Area "B" - In the central portion of the site, directly west of proposed Alga Road, 40 single-family lots ranging in size from 10,000 to 28,300 sq. ft. are proposed along with a 42,000 sq. ft. community facility site. Area "C" - Also In the central portion of the site, located west of Area "B", proposed Is 89 single family lots ranging 1n size from 7,500 to 11,800 sq. ft. Area "D" - In the western portion of the site, adjacent to proposed Hidden Valley Road, proposed 1s 76, two-story townhouse units, ranging in size from 2,010 to 2,350 sq. ft., with two-car garages, guest parking, and a central recreational facility with a pool and club house. A majority of the project would feature contemporary architecture consisting of Spanish tile roofs with varying roof lines and stucco exteriors. Area "D" would have townhomes with contemporary architecture and metal-seamed roofs to be more compatible with the architecture and materials proposed for the buildings 1n future Poinsettia Community Park located directly west of the project site. Per the City of Carlsbad's Inclusionary Housing Ordinance, 15% of the proposed dwelling units (47 affordable units) must be provided for lower income households. However, because the applicant is proposing a Density Bonus, 20t of the total dwelling units (63 affordable units) must be reserved as affordable to lower income households. The applicant 1s proposing to provide those affordable dwelling units within the apartment portion of the project (Area "A"). The surrounding neighborhood is undeveloped with vacant land on all four sides. The future Poinsettia Community Park would be located directly west on the opposite side of proposed Hidden Valley Road. About 625,000 cubic yards of grading Is proposed to be balanced on-site, resulting In cut and fill slopes of up to 43 feet in height. Included 1n these volumes 1s 43,200 cubic yards of grading for Alga Road. The project site has a split zoning and land use designation under the Mello II LCP. The site 1s planned for .residential uses (Residential Medium, 4-8 6-94-131 Page 5 du/ac and Residential Medium Low 0-4 du/ac) and zoned Residential Density-Multiple Zone (RD-M) and One family Residential Zone (R-l-10,000) 1n the City of Carlsbad's certified Local Coastal Program (LCP). The project contains a combination of apartments, townhomes, condominiums, and single family homes all developed at an overall net density of 5.8 dus/ac; however, the City approved the applicant's request for a 11.81 density bonus Increase above the land use designations for the site, under the provisions of the City's Residential Density Bonus Ordinance. 2. Sensitive Habitat Areas. Relevant policies which address protection of environmentally sensitive habitat areas Include Policy 3-1 of the certified Hello II LCP, "Slopes and Preservation of Vegetation" which states: Certain areas of the Carlsbad coastal zone have very high habitat value. These areas are not suitable for farming. These areas exhibit a large number and diversity of both plant and animal species, several of which are threatened because of extensive conversion of mixed chaparral and coastal sage scrub habitats to urban or agricultural uses. Also, well-established and well-maintained vegetation is a major deterrent to soil erosion and attendant difficulties. Unless specifically addressed in other policies of this Land Use Plan, the vegetation on steep slopes shall be maintained so that natural habitats are preserved and soil erosion is minimized. The policies of the certified Hello II segment of the City's LCP also contain the following language regarding the development of steeply sloping hillsides with native vegetation: Grading and Erosion Control a) For those slopes mapped as possessing endangered plant/animal species and/or coastal sage scrub and chaparral plant communities, the following shall apply: 1) Slopes of 251 grade and over shall be preserved in their natural state, unless the application of this policy would preclude any reasonable use of the property, in which case an encroachment not to exceed 101 of the steep slope area over 251 grade may be permitted. For existing legal parcels, with 251 grade, encroachment shall be permitted, however, any such encroachment shall be limited so that at no time is more than 20% of the entire parcel (including areas under 251 slope) permitted to be disturbed from its natural state. This policy shall not apply to the construction of roads of the City's Circulation Element or the development of utility systems. Uses of slopes over 251 may be made in order to provide access to flatter areas if there is no less environmentally damaging alternative available. As previously stated, the subject site is located in the area subject to the Hello II segment of the City of Carlsbad's LCP. Steep slope areas are god too 'oossw >a d3iyoy -a cote tei? 619 21:91 1395-01-31 16:52 619...434 8183 D. AGATEP & ^SSOC. 002 P04 6-94-131 Page 6 afforded special status due to the presence of naturally occurring chaparral/coastal sage scrub which provides valuable natural habitat. The LCP regulations pertaining to steep slopes as drafted by the City and certified by the Commission protect those slopes of 25t grade and greater that contain coastal sage scrub and chaparral vegetation. The applicant's slope analysis and vegetation survey, dated November 11, 1994, conducted for the site indicates that about 9.91 acres of the site are 251 grade or greater. Of these slopes, a total of about 5.62 acres contain natural vegetation of mixed chaparral and coastal sage scrub plant communities; the remaining 4.29 acres is identified as non-native steep slopes containing former agricultural lands and weeds. The certified Hello II LCP prohibits Impacts to naturally vegetated steep slopes (25X grade or more) unless: (a) preservation of these slopes denies a property owner any reasonable use of the property, 1n which case up to 10% encroachment on the slopes is allowed, (b) the development is for construction of a circulation element road, (c) the development is for the installation of utility services, or (d) the development 1s necessary to gain access to flatter areas of property. The LCP allows steep slope encroachment for LCP-designated Circulation Element Roads. The City's certified LCP Indicates Alga Road is a circulation element road that will connect Poinsettia Lane with Palomar Airport Road. The applicant proposes to construct Alga Road from Poinsettia Lane up to the southeastern edge of the property and through the property to the northeastern edge. The applicant does not propose to extend Alga Road from the northern edge up to Palomar Airport Road, an extension contemplated by the LCP and planned by the City, The construction of Alga road will provide access to the project site. The Hello II LCP considered the Impacts of circulation element roads, and in accordance with environmental planning done in preparation of the LCP, provided for construction of roads consistent with the planned intensity of us* of the area, and as the least environmentally damaging alternative. The Mello II LCP maps show one circulation element road to connect Poinsettia Lane to Palomar Airport Road which would be extended from the Alga/Poinsettia Lane intersection to the Palomar Airport Road/College road intersection. A portion of this road 1s proposed by .the applicant. Based on the LUP policy, the proposed construction of Alga Road from Poinsettia Lane and across the applicant's property 1s consistent with the LCP. However, the applicant's proposed alignment of Alga Road on-s1te would directly and indirectly impact dual criteria slopes and thus is not the least environmentally damaging alignment. The Commission notes that by moving the alignment of the road to the west Into area that is currently uncultivated agricultural land and proposed for single family residential lots would result in reduced or no Impacts to the area of coastal sage scrub in the north central portion of the site. While this move would decrease the development potential of the site, It would not result In a redesign that would deprive the applicant of reasonable use of the property. It would also preserve dual criteria slopes, which 1s consistent with the resource protection provisions of the certified Mello II LCP. 1935-01-31 16:14 613 434 8183 D. AGATEP & 4SSOC. 001 P08 6-94-131 Page 7 This application also proposes the construction of Camlno de las Ondas in an open space area the Commission and the dty approved Just south of the project site In CDP #6-94-52, Bramalea. In Its permit action on Bramalea the Commission approved an open space deed restriction on Lot I in the northeastern portion of the property which contained mixed chaparral vegetation worthy of protection. This area was also to be revegetated in the deed restricted open space with drought tolerant, fire resistant native plants to stabilize the slope area and to re-establish the area with species contained in coastal sage and ch&pparal plant communities. Given the above, it is unclear why Camino de las Ondas 1s proposed 1n this previously-approved open space area. The applicant states that the road is proposed in the open space lot consistent with road engineering and design standards used by the City of Carlsbad. The applicant states that the Catnino de las Ondas intersection at Alga Road complies with the City of Carlsbad intersection spacing for major arterials (102 ft. right-of-way). According to these intersection spacing standards, major arterials like Alga Road are limited to intersections every 1/4 mile. The applicant states the following: The extension of Camino de las Ondas east of A1ga Road provides access to developable areas on Sambi Seaside Heights Area "A" (Affordable Housing) and on the adjacent Schindler property. Camino de las Ondas east of Alga Road will Insure these parcels meet engineering policies re: cul-de-sac policies. Cul-de-sac policies require a secondary access for projects having more than 600 ADT. Sambi Seaside Heights Area "A" (142 units) generates an excess of 600 ADT and therefore requires public acces to Camino de las Ondas and Cherry Blossom Road. I)The city's approval is silent on this issue. The Commission notes the alignment of Camino de las Ondas into the open space area is inconsistent wit the Commission's previous approval. An alternatives analysis regarding this alignment should be developed and presented to the Commission for its review. In any event, an amendment to the Bramalea permit would have to be accepted t consider the proposed action. As stated, the dual criteria steep slopes on the applicant's property are concentrated in 4 areas of the 68.5 acre site — three areas in the eastern one-third of the property and one area on the northwestern corner of the property. With the exception of the dual criteria slope area located within the proposed Alga Road alignment, the remaining dual criteria slope areas are located on the periphery of the 68.5 acre site. Thus, proposed development on this site can be easily redesigned to avoid them. Proposed development intensity will no't have to be lessened based on the size and relative flatness of the site. Some custom lots could be redesigned to be slightly smaller than proposed. Also, proposed condominiums, townhomes, or apartments could be ^ further consolidated or built to higher heights to Increase density. Thus, restricting development of these slopes does not deny the applicant any reasonable use of the property — it simply necessitates relocation and redesign of the planned residential units. Further, development on these 1995-01-31 16:15 619 434 8193 D. AGATEP & ASSOC.001 P03 6-94-131 Page 8 slopes is not necessary to provide access to flatter portions of the site because the remaining approx. 63 acres of the site are either flat or contain unprotected slopes that will be developed. The City found that the project was consistent with the Hello II LCP in its discretionary approvals. As mandated by its General Plan, it added a discussion of LCP consistency. The City does not issue coastal development permits because it has not assumed permit authority to do so. The City will assume permit authority when implementing ordinances to implement the policies of the various uncertified LUP segments are accepted by the Commission. Under the Coastal Act, the Commission, rather than the City of Carlsbad, is required to implement the Mello II LCP. The Commission may approve a coastal development permit for this project only if the project is consistent with provisions of the Mello II LCP. One of the other major concerns with this project is the proposed offsite construction of Hidden Valley Road. The portion of Hidden Valley road that the City required the applicant to construct off-site would be located in a north/south trending valley that descends from the project site to the floodplain and then through the floodway of Encinas Creek to its connection with Palomar Airport Road. Hidden Valley Road would run along the western portion of the project site and then extend off-site a distance of one-half mile from the western edge of the applicant's property boundary over properties under different ownership to Palomar Airport Road. The off-site portion of the proposed road will impact 6.81 acres of dual criteria steep slopes and 1 acre of wetland vegetation as a result of its construction. The Mello II LCP prohibits the proposed impacts to the 6.81 acres of dual criteria steep slopes. Although the Mello II LCP provides for an exception to the prohibition on development of steep slopes if the development is to construct a circulation element road, the exception does not apply to allow residential access roads to impact protected slopes. Hidden Valley Road is not a circulation element road, but a residential access road. The City has used the Zone 20 Specific Plan as the standard of review for this project. That plan provides a master plan for the buildout of the City'.s Zone 20 planning area, which contains the subject parcel and surrounding parcels of mostly vacant land, and a number of environmentally sensitive areas. Hhile the Zone 20 Plan has been approved at the local level, it has not been submitted to the Commission for review and certification of its consistency with the Coastal Act. The Mello II LCP segment has been certified and it identifies Alga Road as a circulation element rOad. Therefore, the Commission can ultimately find impacts to dual criteria slopes for Alga Road acceptable once an alternatives analysis has been performed to find the least environmentally damaging alignment across the subject site. However, the same finding cannot be made for the planned construction of Hidden Valley Road, which was not reviewed in the LCP. Thus, the construction of Hidden Valley Road is Inconsistent with Policy 3-1 of the Mello II LCP because it develops 6.81 acres of dual criteria slopes. Also, Policy #3-7 of the Hello II LCP states: i3dt>-ul-Ji 16:16 619 434 8183 D. AGATEP & ASSOC. 001 Pio 6-94-131 Page 9 Wetland and riparian resources outside the lagoon ecosystems shall be protected and preserved. No direct Impacts may be allowed unless 1t Is found that there 1s no feasible alterative and the work may be performed in the least environmentally damaging manner. Mitigation for any temporary disturbance or parmanent displacement of identified resources shall be required at the following ratios. For wetlands, 4:1 replacement for Impacted area and for riparian resources, 3:1 replacement for impacted area. Open space dedication of sensitive resource areas will also be required. The portion of Hidden Valley road that the City required the applicant to construct off-site would traverse a north/south trending valley which contains coastal sage scrub/chaparral and riparian vegetation associated with a drainage located immediately off-site which empties into the floodplain and then floodway of Encinas Creek. The project proposes to bridge Encinas Creek on its way to the Palomar Airport Road connection. Encinas Creek contains riparian vegetation and unvegetated wetlands. Construction of Hidden Valley Road through these areas would result in the following impacts to coastal resources: Riparian vegetation/.50 acres; Southern Willow Scrub/.27 acres; and unvegetated wetland channel/.23 acres. The Hello II LCP prohibits development in wetlands unless there is no feasible less environmentally damaging alternative. The impacts to 1 acre of wetlands are prohibited because there is a less environmental damaging alternative to the construction of a residential access road in this area. The alternative Is the construction of Alga Road, a circulation element road that was approved in the Mello II LCP. The applicant proposes to construct Alga Road from its intersection with Poinsettia Lane up to the northern boundary of the property. The applicant does not propose to extend Alga Road up to Palomar Airport Road, an extension contemplated by the LCP and planned by the City. The construction of Alga road will provide access to the project site and avoid the additional wetland and dual criteria steep slope impacts that will result If Hidden Valley Road is constructed. The City concluded that Hidden Valley Road impacts are less environmentally-damaging as currently proposed when compared with other analyzed alignments for Hidden Valley Road. The City found in the Zone 20 Specific Plan that Hidden Valley Road was required to provide access to surrounding properties in Zone 20, provide emergency access to the project site, and provide an alignment to overlay an important sewer line that would serve properties in the area as well as the adjacent Poinsettia Park. The City found that a more western Hidden Valley Road alignment Is environmentally unacceptable because the roadway would have to traverse steep chaparral-covered slopes, and that an alignment more to the east would require excessive landform alteration on the Kelly property. The City found that the proposed alignment was more protective of coastal sage scrub and chaparral and approved the alignment in a drainage subject to planting requirements identified in the applicant's mitigation plan to mitigate for impacts to sensitive resources. 1995-01-31 16:53 619.4.348183 D. AGATEP & ASSOC. 6-94-131 Page 10 The City found through the Zone 20 Specific Plan and subsequent discretionary approvals that the proposed alignment of Hidden Valley Road was the least environmentally damaging alternative. As noted, the Zone 20 Specific Plan has not been certified by the Commission; rather, the standard of review for projects that propose wetland and riparian impacts outside the lagoon ecosystems in the Mello II LCP plan area is Policiy 3-7. Policy 3-7 of the LCP requires the Commission to similarly make the same finding that the proposed alignment of Hidden Valley Road is the least environmentally damaging alternative. The Commission cannot make that finding because Alga Road is a less environmentally damaging alternative to the construction of a residential access road across a wetland. Alga Road is also the north-south connector which has been incorporated into the certified Mello II LCP and accepted by the Commission as consistent with Coastal Act policies. The Array Corps of Engineers and the U.S. F1sh and Wildlife Service have not yet issued permits for the construction of Hidden Valley Road and have raised concerns that the proposed alignment is not the least environmentally damaging alternative. They have asked the applicant to investigate alternatives to Impacting the drainage as well as to provide an alternatives analysis for impacts to the proposed realigning of a portion of Encinas Creek. At this writing neither agency has accepted the proposed impacts or proposed mitigation for on-site and off-site impacts associated with this project. Even if the proposed impacts can be accepted, the proposed riparian/wetland mitigation plan does not propose the type and amount of required mitigation identified in the Mello II LCP. Specifically, the LCP requires wetland impacts be mitigated at a 4:1 ratio, and riparian impacts be mitigated at a 3:1 ratio. Hidden Valley Road impacts to .5 acres, of riparian scrub and .23 acres of unvegetated wetland channel are not proposed to be mitigated in-kind. Instead, the mitigation plan proposes that .27 acres of southern willow scrub be mitigated by 2.43 acres of mitigation in the form of 1.06 acres willow scrub, .74 acres oak/sycamore woodland, and .63 acres ephemeral stream habitats. While this last component exceeds the LCP requirements for willow scrub mitigation, riparian scrub and unvegetated wetland impacts are not mitigated in kind and amount as required by the LCP. With regard to long range planning issues, the California Department of Fish and Game's (DFG) Natural Communities Conservation Planning Program (NCCP) staff has approved the project contingent on the project implementing its project specific mitigation program in conjunction with an off-site mitigation program. DFG notes that some of the remaining natural habitat in the drainage where Hidden Valley Road is proposed and along the site's eastern boundary is valuable as wildlife habitat and that both of these areas connect to Encinas Creek south of Palomar Airport Road, which in turn connects to portions of the City's HMP's preserve system. Project impacts to CSS would be mitigated through a combination of on-site preservation of 1.54 acres of CSS in the northeastern portion of the property, on-site enhancement and revegetation of CSS, and off-site acquisition of 2.62 acres of intermediate or high quality CSS habitat within an area proposed for long-term preservation. Based on this 002 P05 1335-01-31 16:18 613 434 8193 D. AGATEP & ASSOC.001 P12 6-94-131 Page 11 plan, DFG has found this mitigation acceptable to fulfill NCCP concerns. The Commission recognizes OFG's position but has some concerns with the off-site component of the mitigation plan. This mitigation site is outside the coastal zone in an area known as Carlsbad Highlands, near Lake Calavera Carlsbad. A mitigation bank is forming on that site which could be used by developers to offset project impacts to coastal sage scrub at other locations. The Commission would prefer the impact to be mitigated in the coastal zone at or very near the location of the Impact rather than at an off-site location outside the coastal zone. The Commission Is also concerned that the U.S. Fish and Wildlife Service (USFWS) has not endorsed the mitigation plan. This agency also has NCCP and Endangered Species Act concerns. Their earlier review of the mitigation plan found that the project was deficient approximately 3 acres of mitigation, tha mitigation credit should not be in the SDG&E easement because of the potentia for disturbance by SDG&E maintenance crews, that the Alga Road alignment impacts to CSS In the southeastern portion of the property may impact nesting gnatcatchers off-site, and that the riparian and wetland mitigation plan may not be adequate. ~A later revjew of the USFHS position on this site is - i forthcoming but_af^his_wrijtfng the departWeirTT^position has_not_been L gTjrifipf^. ThPrpfnnT because the project does not comply with the slope v preservation and environmentally sensitive habitat area provisions of the LCP the application must be denied. 3. Local Coastal Planning. Sections 30l70(f) and 30171 of the Coastal Act were special legislative amendments which required the Commission to adopt and implement a Local Coastal Program for portions of the City of Carlsbad and County islands prior to specific statutory dates. In reviewing development proposals, the Commission must essentially act like local government and assess whether a project is consistent with the implementing zone and other policies of the certified LCP. In this case, such a finding cannot be made. The applicant is proposing a vesting tentative map which is different from a tentative map. State law and local ordinance stipulates that the approval of a vesting tentative map confers a vesting right to proceed with development in substantial compliance with the local ordinances, policies, and standards in effect at the time the application was deemed complete. It is a vested guarantee that if an ordinance or standard changes before the vesting tentative map is flnaled or building permits issued, the project would not be subject to the new requirements. In this particular case, it appears the City has used a specific plan that should be incorporated into the Mello II LCP through the LCP amendment process. If the City were to seek, an LCP amendment to incorporate the specific plan into the Mello II LCP, and the Commission required changes to the specific plan to insure consistency with Coastal Act, those changes could not be applied to this project due to its approval through the vesting tentative map process. The project site has a split zoning and land use designation. The site is planned for residential uses (Residential Medium (4-8 du/ac and Residential Medium Low 0-4 du/ac) and zoned Residential Density-Multiple Zone <RO-M) and 1995-01-31 16:19 619.434 9183 D. AGATEP & A.SSOC.001 P13 6-94-131 Page 12 One family Residential Zone (R-l-10,000) In the City of Carlsbad's certified Local Coastal Program (LCP). The project density, at 5.6 dua, 1s Inconsistent with these designations. As noted, the Mello II LCP designates the site for residential uses up to 312 residential units per acre. The City approved the project with a significantly higher density, 347 units, based on the project complying with the Density Bonus ordinance provisions that would allow density Increases. The City 1s required under state law to provide higher densities to Increase affordable housing opportunities. While the Commission notes this issue is not a basis for denial of the application, the project can be redesigned to accommodate all proposed units without Impacting dual criteria slopes. In that way the project could comply with the habitat preservation provisions of the LCP without interfering with the city's requirements to provide density bonuses. Additionally, approval of the proposed project could significantly prejudice LCP planning efforts by way of establishing a road alignment that would impact coastal sage scrub, riparian and wetland vegetation and result in impacts to dual criteria slopes, Inconsistent with the certified LCP. 4. California Environmental Quality Act Sectipn 13096 of the Commission's administrative regulations requires Commission approval of the coastal development permit to be supported by a finding showing the permit, as conditioned, to be consistent with any applicable requirements of the California Environmental Quality Act <CEQA). Section 21080.5(d)(2)(1) of CEQA prohibits a proposed development from being approved if there are feasible alternatives or feasible mitigation measures available which would substantially lessen any significant adverse impact which the activity may have on the environment. As identified above, there are feasible alternatives or feasible mitigation measures available which would substantially lessen any significant adverse impact which the activity may have on the environment. As identified, this project does not comply with the resource protection provisions of the certified LCP; its redesign to be consistent with those provisions is one alternative the project could take to make it approveable. Therefore, the Commission finds that the proposed project is not the least environmentally damaging feasible alternative and cannot be found consistent with the requirements of the certified LCP to conform to CEQA. 4131R