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HomeMy WebLinkAboutCT 94-11; Mar Vista; Tentative Map (CT)-*-CITY OF CARLSBAD USE REVIEW APPLICATION FOR PAGE 1 OF 2 ^ 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (FOR DEPT USE ONLY) (FOR DEFT USE ONLY) [~| Master Plan | | Specific Plan | | Precise Development Plan pt| Tentative Tract Map [ | Planned Development Permit j | Non-Residential Planned Development | [ Condominium Permit [ | Special Use Permit [ | Redevelopment Permit [~"[ Tentative Parcel Map Obtain from Eng. Dept [ | Administrative Variance [ [ Administrative Permit - 2nd Dwelling Unit [ | General Plan Amendment [X"| Local Coastal Plan Amendment [X"| Site Development Plan [xl Zone Change | | Conditional Use Permit |x~| Hillside Development Permit [X~j Environmental Impact Assessment | | Variance [~~| Planned Industrial Permit SI Coastal Development Permit | | Planning Commission Determination | | List any other applications not specificed Lf-FA SP? 2.0- ttDf 2) LOCATION OF PROJECT: ON THE (NORTH, SOUTH EAST, BETWEEN Paseo del (NAME OF STREET) 3) BRIEF LEGAL DESCRIPTION: 4) ASSESSOR PARCEL NO(S). south SIDE OF Palomar Airport Raad WEST)(NAME OF STREET) Nortje AND Hidden Valley Road (NAME OF STREET) Parcel C of Parcel Map #2949 211-040-W i<-l 5) LOCAL FACILITIES 1 20 1 6) EXISTI MANAGEMENT ZONE DESIGNA 8) EXISTING ZONING PC 1 1) PROPOSED NUMBER OF 5 - RESIDENTIAL UNITS 14) NUMBER OF EXISTING RESIDENTIAL UNITS 15) PROPOSED INDUSTRIAL OFFICE/SQUARE FOOTAGE " : 9) PROPO NG GENERAL PLAN RM 7) PROPOSED GENERAL PLAN | RM | 11ON DESIGNATION SED ZONING JR-1 1 10) GROSS SITE J3^3 1 1 ACREAGE j 12) PROPOSED NUMBER 59 13) TYPE OF SUBDIVISION R_i OF LOTS (RESIDENTIAL, COMMERCIAL .INDUSTRIAL) 0 | 16) PROPOSED COMMERCIAL SQUARE FOOTAGE NOTE: A ttlOPOSEB HWsJECST »EQta»INCiaAT MSltmJB AJKKJCATK^SBE ETtEO !«OST»E SUBMTTSnED HMOR "JO $<& Wil A I«O«J«E3> PROJECT KEQ«IR»JG THAT ONtY ONS APPUC ATTON J»B CTW» WU$T »B SUBMTrTOO WSJOK TO ^WP.M, FRM00016 8/90 CITY OF CARLSBAD LAND USE REVIEW APPLICATION FORM PAGE 2 OF 2 17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS 19) PROPOSED INCREASE IN AVERAGE DAILY TRAFFIC 20) PROJECT NAME:Mar Vista 21) BRIEF DESCRIPTION OF PROJECT:Standard R-l-7500 square foot minimum lot subdivision (49 lots + 8 affordable 2nd units = 57 units) with public streets. 22) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS, OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT LS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE CtU-i'qCJL. <lAi SIGNATURE 23) OWNER 24) APPLICANT NAME (PRINT OR TYPE) McReynolds Family Trust NAME (PRINT OR TYPE) Christa M. McReynolds - trustee MAILING ADDRESS 2316 Calle Chiquita MAILING ADDRESS 2316 Calle Chiquita CITY AND STATE ZIP La Jolla, CA 92037 TELEPHONE 454-5385 CITY AND STATE ZIPLa Jolla, CA 92037 454™ I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE I CERTIFY THAT I AM THE CECAL OWNER1 REPRESENTATIVE AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE SIGNATURE DATE FOR CITY USE ONLY FEE COMPUTATION: APPLICATION TYPE -TBT FEE REQUIRED SDP •PFf TOTAL FEE REQUIRED DATE FEE PAID "7675". .oo 2.1 "7 5".op . 00 lio o.bo >-Q-o NOV 0 7 1994 CITY OF CARLSBAD PLANNING PERT. DATE STAMP APPLICATION RECEIVED RECEIVED BY: RECEIPT NO. DEVELOPMENT PERMIT SUPPLEMENTAL APPLICATION This supplemental application is to be filed for: A. Any development requiring a Coastal Development Permit issued by the City of Carlsbad, or B. Any development which requires a California Coastal Commission Coastal Development Permit. Please answer all questions. Where questions do not apply, please indicate "not applicable" or "N/A". 1. General Background A. Has any application for a development on this site been submitted previously to the California Coastal Commission? O Yes ED No If yes, state previous California Coastal Commission Coastal Development Permit application number : B. Do you wish to apply for: 1. An Administrative Coastal Development Permit 2. A Regular Coastal Development Permit X 3. A California Coastal Commission Coastal Development Permit C. Please provide the street address of this proposed development N/A - south of Palomar Airport- pnaH s, w^gf r*f College D. Please provide the Assessor's Parcel Number of this proposed development 211-040-13 \ 'm E. Please identify that the proposed development is located on the (N(^E/W -Circle One) side of Palomar Airport Rd between College and Paseo Del Norte . F. Please describe the present land uses (Le., Vacant land, single family homes, apartments, offices, etc.) surrounding the proposed development to the: North: Undeveloped Encinas Creek South: Vacant City property, future Poinsettia Park ^ East: Kelly Property, currently in agriculture West: Existing town house development FRM00015 8/90 Page 1 of 5 2. Present Use of Property , A. Are there existing structures on the property? D Yes GO No If yes, please describe. » B. Will any existing structure be demolished? CD Yes S No Will any existing structures be removed? D Yes HI No If yes to either question, describe the type of development to be demolished or removed, including the relocation site, if applicable. 3. Development Description: A. Estimated cost of development: Land ? _ Improvements ? _ B. Project height: Maximum height of structure N/A _ ft. Maximum height of structure as measured from centerline of frontage road - _ ft. Total number of floors in structure, including subterranean floors, lofts, and NAmezzanines D. Gross floor area including covered parking and accessory buildings ; _ IM/A _ sq. ft. Gross floor area excluding parking _ N/A _ sq. ft. E. Lot area (within property lines) 34.3 acres Sq. ft. or acres. LOT COVERAGES Existing New Proposed Total Building Coverage _ sq. ft. _ sq. ft _ sq. ft. Paved Area _ sq. ft. _ sq. ft _ sq. ft. Landscaped Area _ _ sq. ft. _ sq. ft _ sq. ft. Unimproved Area Oeft natural) _ sq. ft. _ sq. ft _ sq. ft. FRM00015 8/90 Page 2 of 5 Parking:number of existing spaces number of new spaces proposed TOTAL N/A N/A N/A number of covered spaces number of uncovered spaces number of standard spaces number of compact spaces Is tandem parking existing? proposed? N/A N/A size N/A size N/A DYes# D No DYes# D No If the land is to be subdivided, number of lots to be created and size: Lot Symbol o.s. R-l No. of Lots 1 49 Lot Size 19.2+ Acres 7500 sq.ft. minimum 4. H. If the development is residential, please state: 1. 2. 3. number of dwelling units 57 number of bedrooms per dwelling unit type of occupancy proposed: D rental stock cooperative D time share O other Grade Alteration: Is any grading proposed? 33 Yes D If yes, please complete the following: A. amount of cut 47,000 B. amount of fill 47,000 C. maximum height of fill slope 25 D. maximum height of cut slope 2 5 E. amount of import or export 0 F. location of borrow or disposal site No cu. yds. cu. yds. ft. ft. cu. vds. Grading and drainage plans must be included with this application. In certain areas, an engineering geology report must also be included. Consult the City Engineering Department representative for a determination. FRM00015 8/90 Page 3 of 5 5. Utility extensions;i Are utility extensions for the following, proposed to serve the project? A. water O Yes D No f B. gas 0 Yes D No C. electric H3 Yes D No Above Ground Extensions D. sewer D Yes 0 No E. telephone D Yes 0 No If yes, to any of the above, would extensions be above ground? D Yes .EJ No 6. Development on Public Trust Lands: Does the development involve diking, filling, dredging or placing any structures in open coastal waters, wetlands, estuaries, or lakes? A. B. C. D. E. F. G. H. diking ' D Yes BD* filling D Yes ID dredging D Yes HD placement of structures D Yes D amount of material to be dredged or filled cu. vds. location of dredged material disposal site Has a U.S. Army Corps of Engineers' permit been applied for? D Yes ED No Will the development extend onto or adjoin any beach, tidelands, or public trust lands? (See definitions section) D Yes GO No No No No submerged lands No For projects on State-owned lands, additional information may be required. Consult the staff representative in the Planning Department. 7. Sensitive Resources; Does the proposed development contain: A. a sensitive habitat area OD Yes D No (a biological survey may be required) B. a 100-year flood plain D Yes El No (hydrologic mapping may be required) C. a park or recreation area D Yes §D No D. historic resources D Yes 0 No FRM00015 8/90 Page 4 of 5 E. archaeological resources D Yes 0 No F. paleontological resources D Yes 00 No If yes to any of the above, please explain on an attached sheet* G. Would the development in any way alter or divert a stream bed or drainage course? NO If yes, please describe on a separate sheet of paper. 8. Coastal Access: A. Will the development protect existing lower-cost visitor and recreation facilities? D Yes B No If yes, explain B. Will the development provide public or private recreational opportunities? 13 Yes D No If yes, explain AceSS is prnpngorl try an ar\JAne*ni-r'.C'i f.y (Pm'rjgo 111 a ) Park Is the proposed development: A. Visible from any park, beach, or recreation area Q Yes D No (A viewshed analysis may be required) B. Within the viewshed from any public or quasi public place (i.e., public roads, commercial sites, public or private recreation areas, etc.) to a visual coastal resource. Q Yes GO No 9. If the development is between the first public road and the sea, is public access to the shoreline and along the coast currently available near the site? D Yes Q No If yes, indicate the location of the nearby access, including the distance from the site. N/A Under certain circumstances, additional material or documents may be required prior to issuance of a Coastal Development Permit. Date i Signature of Applicant or Authorized Agent FRM00015 8/90 Page 5 of 5 CITY OF CARLSBAD 1200 CARLSBAtfTTTLAGE DRIVE CARLSBAD, 434-2867 .'- FORNIA 92008 REC'D FROM ! '#•<'{ T7"/f- /';/,. -I .:; .•; r Trf 5' DATE ACCOUNT NO. ( '- $nhtotJh'i RECEIPT NO. 15562 DESCRIPTION m \ ] -i- 9^6() i^'07/94 '/'T~f^ -//- -::/}j> 7^ -lf)^ x/k, /l^wr,- v<w - /;U r;jG4- -T - .p/r^ x >\ // /'j -T" • . - / .. i/ /, / /, '/ ' / ' /' "* /{.--• ^. *! -*. f /..? .' /'•• r-'<<»... ' ' -V -. //: /* !/ ,4tr4 / 'J//7^ ('/^' NOT VALID UNLESS VALIDATED BY TOTAL AMOUNT 5001 01 02 >PRHT 17B3C.OO 7 A75,'V 5 5?/~ /-.-.'- X "'"5 / "~"7 ^J*"" /' ' / Us) ^r- ~-'l.-! ,i ' / •' c)i:-n ^-, /•7rv> /-v> ; ') OC. -, (- I Printed on recycled paper.CASH REGISTER , J^ CITY OF CARLSBAD 1200 CARLSBAD^rfLAGE DRIVE CARLSBAD, 434-2867 ,-i 1 FORNIA 92008 REC'D FROM U\\*\\A /fl //I 0 .'JET^/M/.V > K' i'7 J < DATE // / /// ACCOUNT NO. / . y^. / 7 RECEIPT NO. 15563 DESCRIPTION ; H/; , ;' /,?£%_ /" 'r , : , fJ ,. -, * /I H ,,/.//..,-•; ..'.'C\J V /.JAAAr^ "' "f/.1/*?Vrq' ' ^^07/94 / NOT VALID UNLESS VALIDATED BY TOTAL AMOUNT -///• /- . - - ./ '-' 4, •••'" -- '• ., jj:!,--j/y' • v/- ^' .,- 0001 01 ' y-* " ' C-PRHT 80?,00 / . /. /• Printed on recycled paper.CASH REGISTER " PLEASE NOTE: Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calendar days from the date of application submittal to determine whether an application is complete or incomplete.. Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete. If it is incomplete, the letter will state what is needed to,make this application complete. When the application is complete, the processing period will start upon the date of the completion letter. \ Applicant Signature: Staff Signature: Date: ) I - 7 - ? To be stapled with receipt to application Copy for file 1200 CARLSBAD CITY OF CARLSBAD LAGE DRIVE CARLSBAD, 434-2867 IFORNIA 92008 \0u: REC'D FROM DATE ACCOUNT NO. (\. -:-/-'^ ,,, /t: RECEIPT NO. 25550 DESCRIPTION (JLT" y^' — // :-,-i^ ,?•„ ., . } ; " y sou; i9/flA/9t; NOT VALID UNLESS VALIDATED BY TOTAL AMOUNT / - .- — j /•' OM1 M n? C-PRMT 12^.68 $• ,-., - .. , / / ,.-• . • 1 Printed on recycled paper.CASH REGISTER City of Carlsbad Planning Department DISCLOSURE STATEMENT APPLICANT'S STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CfTY COUNCIL, OR ANY APPOINTED BOARD, COMMISSION OR COMMITTEE. (Please Print) The following information must be disclosed: 1. Applicant List the names and addresses of all persons having a financial interest in the application. Christa M. McReynolds - Trustee 2316 Calle Ghiquita La Jolla, California 92037 2. Owner List the names and addresses of all persons having any ownership interest in the property involved. Mr-Rpynnlds Family Trust Alan McReynolds - Trustee dated February 21, 1989 20 Rock Port Lane c/o Christa M. McReynolds - Trustee 2316 Calle Chiquita La Jolla, California 92037 Los Altos, California 94024 3. 4. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names and addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiary of the trust. FRM0007 4/91 2O75 Las Palmas Drive • Carlsbad, California 92OO9-1576 (619) 438-1161 J. (Over) Disclosure Statement Page 2 5. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and Council within the past twelve months? Yes No X If yes, please indicate person(s) Person is defined as: "Any individual, firm, copartnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, this and any other county, city and county, city municipality, district or other political subdivision, or any other group or combination acting as a unit.' (NOTE: Attach additional pages as necessary.) Signature of Owner/date Signature of applicant/date Christa M. McReynolds - Trustee Christa M. McReynolds - Trustee Print or type name of owner Print or type name of applicant FRM0007 4/91 Ladwig Design Group, Inc. LOCAL COASTAL PLAN AMENDMENT (LCPA) REQUEST FOR MAR VISTA (MCREYNOLDS) ZONE 20, CITY OF CARLSBAD October 26, 1994 This 34.3 acre parcel (Assessor Parcel #211-040-14) lying south of Palomar Airport Road between College Avenue and Paseo Del Norte is currently zoned Planned Community (PC). The application for this project includes a Tentative Map, Hillside Development Permit, Site Development Plan, Coastal Development Permit and Zone Change in addition to this LCPA. A change in zoning is requested from (PC) to R-l and open space. No change is requested to the General Plan which is Residential Medium (RM) four-to-eight dwelling units per acre with a growth control point of six. Mar Vista is in Area "B" of the Zone 20 Specific Plan # SP203. Several parcels in Area "B" were zoned PC in the 1970's. No Master Plan was ever prepared. The PC Zone has no development standards and instead relies on a Master Plan to establish standards. The Carlsbad Municipal Code requires properties under 100 acres that are zoned PC be developed per the requirement of the Planned Development (PD) Ordinance (Chapter 21.45). Another alternative to using the PD Ordinance is to rezone the property to R-l and develop the property according to the R-l standards. Since the owner has decided to develop a standard single-family R-l-7500 minimum lot size subdivision, it was decided to ask for a rezone to R-l. Mar Vista, because of topography restrictions and ownership/parcel configurations, can only take access from the east through the Kelly Property (Assessor Parcel #212-040-32) and future Hidden Valley Road to Palomar Airport Road. A single-family R-l subdivision designed to capture ocean views and having limited access is a good planning option we feel for the property rather than a project with higher density development that could impact neighboring properties. We hereby request a zone change from PC to R-l. LADWIG DESIGN GROUP Robert C. Ladwig RCL:lw.004 7947 Cam/no Vida Roble, Suite 108, Carlsbad, CA 92008 (619) 438-3182 FAX (619) 431-2205 \ Ladwig Design Group, Inc. PROJECT DESCRIPTION/EXPLANATION PROJECT NAME: Mar Vista APPLICANT NAME: Mrs. Christa M. McRevnolds - Trustee The applications for Mar Vista include a tentative subdivision map, Hillside Development Permit, zone change from Planned Community (PC) to R-l, Site Development Plan for 2nd Dwelling Unit (affordable housing), Environmental Assessment, Coastal Development Permit and Local Coastal Plan Amendment. This 49 lot (plus 1 open space lot) standard R-l 7,500 square foot minimum lot subdivision on 34.3 acres will be developed on the upper 15 plus acres of the property with the lower 19 plus acres to remain as permanent open space. All of the 40% or greater slopes (2.47 acres) and the 25-40% slopes (6.08 acres) will be left undisturbed. Based on Growth Management calculations, 20.08 acres of the property could be developed at 6 units per acre for a total of 120 units. Eight of the proposed lots will be required to construct a Second Dwelling Unit per City Ordinance NS283 for a total number of units to be built of 57. The actual dwelling units per acre are 2.83 (57 * 20.08 = 2.83). Access to the property will be from Palomar Airport Road via Hidden Valley Road and the westerly extension of Cherry Blossom Lane across the Kelly Property (Assessor Parcel 212-040- 32). The Mar Vista project will share in the construction cost of the offsite access with the Kelly's and others. The project has been designed, so that gravity sewer for the City park (Poinsettia Park) to the south could be provided and to also allow for elimination of the proposed pump station within the park. Subdivision grades were set to not only minimize grading (47,000 cubic yards - 15 acres = 3,100 ± cubic yards per acre) but to allow for curvealinear streets and contour grading to provide a sensitive project that has minimal disturbance to the existing land form. Grading has been limited to the existing area without native vegetation with only minimal disturbance along an existing trail/driveway for sewer access at the northwest corner of the project. The sewer will leave the subdivision streets sewer system and follow an easement along the existing driveway to the north boundary of the subdivision. Immediately adjacent to and north of the north boundary, the offsite sewer will be constructed in an existing 20-foot sewer easement offered for dedication on Carlsbad Minor Subdivision MS837 shown on Parcel Map #16860, The sewer will then follow the existing sewer easement as shown on Minor Subdivision MS837 southwesterly approximately 300 feet to an angle point, thence northwesterly 470+ feet in the existing sewer easement which is adjacent to and parallel with an existing water line and easement that crosses the valley. The sewer easement then connects with an existing sewer in an easement and a point of connection which is located at the easterly corner of the Price Club parking lot. The sewer will be constructed by conventional trenching methods except in areas of dense riparian vegetation, where jacking will be considered to minimize or eliminate surface impacts. 7947 Cam/no Vida Roble, Suite 108, Carlsbad, CA 92008 (619) 438-3182 FAX (619) 431-2205 Project Description - Mar Vista October 26, 1994 Page 2 Many of the lots will have ocean views. The lots along the west and north edge of the subdivision will observe the 60-foot biological building setback identified in the Zone 20 Specific Plan and EIR. The large open space lot separates the subdivision lots from the park/soccer field by over 100 feet which will allow for screening and noise control. A City-wide trail is proposed by the City hi the open space on the west edge of McReynolds to be connected in the future to the pedestrian system in the park. The applicant originally proposed a trail hi the canyon to follow existing trails that show up on older aerial photographs from 1975. Also, the applicant originally would propose a trail that would be hand cleared and meander to have the least disturbance on native vegetation. Biological impacts and mitigation have been addressed by RECON hi their attached report dated August 30, 1994. The applicant met with the representatives of the U.S. Fish and Wildlife Service, Department of Fish and Game, Corps of Engineers and Carlsbad Municipal Water District on Monday, October 24, 1994. The purpose of the meeting was to discuss the project, offsite sewer and the proposed City-wide trail. The Water District is looking at several options for sewer alignments to service the future Poinsettia Park and properties south of the park. The options for sewer were to be "A" through the McReynolds canyon, "B" in the 60-foot buffer area on the west edge of Mar Vista and "C" in the street system within the proposed tentative map. Because of Gnatcatchers and other sensitive species in the McReynolds canyon, the agencies were adamantly against putting a trail or sewer in the McReynolds canyon. The sewer in the very northerly end of the canyon across Encinas Creek to the Price Club appears to be of less impact and only minor issues with the agencies. The applicant is adamantly against putting the sewer in the "B" Alignment within the 60-foot buffer hi the rear yards of the most significant ocean view lots within the subdivision. The agencies suggested that possibly a realignment of the City trail could be considered. This realignment would exit the park at the intersection of Hidden Valley Road and Cherry Blossom and proceed northerly along the westerly edge of Hidden Valley Road hi the revegetated area west of the street improvements for Hidden Valley Road. The trail would proceed northerly and eventually cross Palomar Airport Road at the west edge of Hidden Valley Road at the signalized intersection. The Mar Vista project is requesting that the trail be relocated as described above and follow the revegetation area along the westerly edge of Hidden Valley Road. RECON also looked at noise impacts on the project from both airport and street traffic sources. No special mitigation requirements are necessary according to RECON's findings. As mentioned earlier, the existing Planned Community Zone (PC Zone) will not be used. The attached zone change to R-l and open space is being requested. A change to the existing General Plan is not necessary. /?v,.-. MM CITY OF CARLSBAD 1200 CARLSBAtJ VILLAGE DRIVE CARLSBAD, CALIFORNIA 92008 434-2867 REC'D FROM DATE ACCOUNT NO. £ ~ Af rn-o'"f- RECEIPTNO. 10044 DESCRIPTION f/id ^H-n 708? 05/23/94 NOT VALID UNLESS VALIDATED BY TOTAL AMOUNT 130 "~~ BOOI 01 02 r»_souv -; Fw tm 130 — •" I Printed on recycled paper. PRELIMINARY REVIEW APPLICATION PROJECT NAME: ^-T^JL^y-y^-^fer jy j JL. ]// £ J~& APPLICANT NAME: lM C MAILING ADDRESS: cJo LA&UJI& 2X^f(yO G$W? 19^ ' r-\ * / I f*. S*l /~\ f I \ /***/} /~\^-* A -ff\ PHONE NUMBER: ^ui'fe /Ofo fels !>*) , CA Q?QO& PROJECT ASSESSOR'S PARCEL NUMBER(S) (APW: ^ 1 ~ &\Q ~ I DESCRIPTION OF PROPOSAL (ADD ATTACHMENT IF NECESSARY): in SI' keet o WOULD YOU LIKE TO ORALLY PRESENT YOUR PROPOSAL TO YOUR ASSIGNED STAFF PLANNER/ENGINEER? YES NO PLEASE LIST THE NAMES OF ALL STAFF MEMBERS YOU HAVE PREVIOUSLY SPOKEN TO REGARDING THIS PROJECT. IF NONE. PLEASE SO STATE. fte>oser, ^e\ (Duo/i FOR CITY USE ONLY PROJECT NUMBER: FEE REQUIRED/DATE FEE PAID: "' ~^' ^° RECEIPT NO.: l & ° (/ </ RECEIVED BY: I/, J AGRICULTURAL MITIGATION FEE AGREEMENT (EMERALD RIDGE WEST, CT 95-03 AND MAR VISTA, CT 94-11) This Agricultural Mitigation Fee Agreement ("Agreement"), dated ^ffW Z . 1996 is entered into by and between the City of Carlsbad, a municipal corporation ("City") and UDC Homes, Inc., a California corporation ("Developer") is made with reference to the following: RECITALS A. Developer is the owner of certain real property which is located west of Hidden Valley Road, south of Palomar Airport Road, within Local Facilities Management Plan Zone 20, in the City, County of San Diego, State of California which is the subject of Tentative Maps (CT 95-03, "Emerald Ridge" and CT 94-11, "Mar Vista"), Site Development Plans (SDP 95-06 and SDP 94-10), Hillside Development Permits (HDP 95-06 and HDP 94-04), a Local Coastal Plan Amendment (LCPA 94-04), and Zone Change (ZC 94-04) which provides conditional approval of the construction of 1 10 single family dwelling units (collectively, "Project"). B. Tentative Map Conditions 41 (CT 95-03) and 39 (CT 94-11) of Planning Commission Resolutions No. 3880 and No. 3875, respectively, state that the Project must offset the conversion of non- prime agricultural land to urban land uses by providing payment of an agricultural mitigation fee, the amount of which shall not be less than $5,000 nor more than $10,000 for each net area of non-prime agricultural land ("Mitigation Fee"). The amount of the Mitigation Fee shall be determined by the City Council of City prior to approval of the final map for the Project. Developer has deposited with the Coastal Conservancy, pursuant to applicable state legislation, $5,000 per net acre of non-prime agricultural land which shall be credited to the Mitigation Fee. C. A study to determine the amount of the Mitigation Fee is currently underway and the parties expect that the study will be completed and accepted by the City in the early part of 1997. Prior to the completion of the study, Developer intends to obtain City permission to commence grading of the Project and to record the Project's final maps. D. The purpose of this Agreement is to provide for the payment of the Mitigation Fee upon completion of the study and to satisfy Conditions 41 and 39. NOW, THEREFORE, incorporating the forgoing Recitals and in consideration of the mutual covenants contained herein, the parties agree as follows: 1. Satisfaction of Conditions 41 (CT 95-03) and 39 (CT 94-11). Performance under this Agreement satisfies Developer's obligation for payment of the Mitigation Fee as applied to the land covered by Carlsbad Tracts No. 95-03 Emerald Ridge and No. 94-11 Mar Vista and all other related permits or applicable approvals. UDC/escrow.agt 11/22/96 -1- 2. Developer's Payment of $169,550 to the Coastal Conservancy. Concurrent with signing of this Agreement, Developer has provided evidence to City of its deposit with the Coastal Conservancy of $169,550 ("Coastal Conservancy Payment"), which is $5,000 per net acre of non-prime agricultural land which is being converted to urban land uses with' the development of the Project. City recognizes and accepts that the deposit with the Coastal Conservancy shall be credited to the total Mitigation Fee for the Project. 3. Deposit of Mitigation Fee in Escrow Account. Prior to the issuance of any residential building permit for the Project, Developer shall deposit with First American Title Company ("Escrow Holder") the total of $169,550 ("Escrow Deposit"), which is $5,000 per net acre of non-prime agricultural land which is being converted to urban land uses with the development of the Project. The Escrow Deposit shall earn interest, at Escrow Holders common rate for funds it holds, which shall be paid to Developer as earned. The parties shall sign any documents Escrow Holder deems reasonably necessary to effectuate the terms of this Agreement. The costs of Escrow Holder shall be paid by Developer. 4. City Withdraw of Escrow Deposit. Upon completion and acceptance by the City Council of City of the study described in Recital C above, City may withdraw funds from the Escrow Deposit an amount equal to the established Mitigation Fee less the Coastal Conservancy Payment. Notwithstanding any provisions of this Agreement to the contrary, City shall have no claim or right to any additional payment from Developer which exceeds the Escrow Deposit, even if the study concludes that the Mitigation Fee should be greater than $10,000 per acre of converted non-prime agricultural land. 5. Developer's Right to Receive Escrow Deposit. Escrow Holder shall release to Developer any or all of the Escrow Deposit remaining after payment of the Mitigation Fee described in paragraph 4 above or on December 31, 1997, whichever occurs first. 6. Remedies. Failure by the Developer to perform in accordance with this Agreement will constitute failure to satisfy the requirements of Conditions 41 and 39 of Planning Commission Resolutions No. 3880 and No. 3875, respectively. Such failure will allow the City to exercise any and all remedies available to it including but not limited to withholding the issuance of residential building permits for the Project. 7. Hold Harmless. Developer will indemnify and hold harmless (without limit as to amount) City and its elected officials, officers, employees and agents in their official capacity (hereinafter collectively referred to as "Indemnitees"), and any of them, from and against all loss, all risk of loss and all damage (including expense) sustained or incurred because of or by reason of any and all claims, demands suits, actions, judgments and executions for damages of any and every kind and by whomever and whenever made or obtained, allegedly caused by, arising out of or relating in any manner to developer's actions or defaults pursuant to this Agreement, and shall protect and defend Indemnitees, and any of them with respect thereto. Developer shall obtain, at its expense, comprehensive general liability insurance for development of the Project naming Indemnitees as additional insureds with aggregate limits of not less than five million dollars ($5,000,000) purchased by Developer from an insurance company duly licensed to engage in the business of issuing such insurance in the State of California, with a current Best's Key Rating of not less than A-V, such insurance to be evidenced by an endorsement which so provides and delivered to the City Clerk concurrent with the signing of this Agreement. UDC/escrow.agt 11/22/96 -2- 8. Notices. All notices required pursuant to this Agreement shall be in writing and may be given by personal delivery or by registered or certified mail, return receipt requested, to the party to receive such notice at the addresses set forth below: TO THE CITY: City of Carlsbad Planning Department Attn: Planning Director 2075 Las Palmas Drive Carlsbad, CA 92009 TO THE DEVELOPER: UDC Homes, Inc. Attn: Dennis M. Ferdig 438 Camino del Rio South, Suite 112B San Diego, California 92108-3546 Any party may change the address to which notices are to be sent by notifying the other parties of the new address, in the manner set forth above. 9. Entire Agreement. This Agreement constitutes the entire agreement between the parties and no modification hereof shall be binding unless reduced to writing and signed by the parties hereto. 10. Duration of Agreement. This Agreement shall terminate and become null and void upon the completion and acceptance of the study described in Recital C or December 31, 1997, whichever occurs first. 11. Successors. This Agreement shall benefit and bind Developer and any successive owners of the Project. However, the parties expressly recognize and intend that the obligations and rights created in this Agreement shall not be transferred, assumed or assigned to retail purchasers of individual residential lots within the Project. UDC/escrow.agt 11/22/96 -3- 12. Severability. In the event any provision contained in this Agreement is to be held invalid, void or unenforceable by any court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless, be and remain in full force and effect. 13. Attorney Fees and Costs. A prevailing party in any action, including but not limited to arbitration or litigation, to enforce the provisions of this Agreement, shall be entitled to recover its reasonable attorney fees and costs arising from the action. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed as of the day and year first above written. DEVELOPER UDC Homes, Inc., a California corporation By:.UJLS) listant Sier, Assistant Secretary ,lau~de A. Uewisi Mayor By:: Dennis M. Ferdjig, Autjwrized Agent APPROVED AS TO FORM: RONALD R. BALL City Attorney o UDC/escrow.agt 11/22/96 -4- STATE OF CALIFORNIA COUNTY On ) ) ss. ) before me, Notary Public in and for said State, personally appeared rjcjr>( Jjj€/"V">£/- personally known to me far proved to me on tin basis uf sailsTactory evidence) to be theperson(s) whose name(s) isMre^ubscribed to the within instrument and acknowledged to me that he/shedthe^ executed the V^ -^ ^ ii ^V ^* •*. ^"^^"^f^. ^**^^^^same in his/her/(jiej£)uithorized capacityQesJi and that by his/her/tqeir)signature(s) on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. USAMBOmCBll CmrMonfflllOaH MyComm.6sJNi8lp3.2000 (Seal) STATE OF CALIFORNIA COUNTY OF ) ss. On ., 19 , before me, Notary Public in and for said State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal) CERTIFICATE OF RESOLUTION OF UDC HOMES, INC. The undersigned, Gina M. Self, 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 property 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 17th day of October, 1996. Gina M. Self ' "' / Assistant Secretary /board/a9602.cer -2- CERTIFICATE OF RESOLUTION OF UDC HOMES, INC. The undersigned, Gina M. Self, 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 special meeting held on October 17, 1996, 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 Dennis M. Ferdig, as Agent 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 property 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 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. IN WITNESS WHEREOF, the undersigned has signed this Certificate of Resolution as an Assistant Secretary of the Corporation on this 17th day of October, 1996. Gina M. S< Assistant Secretary /board/a9624.cer CONSERVATION CREDIT PURCHASE AGREEMENT AND ACKNOWLEDGMENT THIS CONSERVATION CREDIT PURCHASE AGREEMENT AND ACKNOWLEDGMENT ("Agreement"), is entered into this 11th day of March, 1996 by and between BA Properties, Inc., a Delaware corporation ("Seller") and MSP CALIFORNIA, LLC ("Purchaser"). A. Pursuant to that certain Carlsbad Highlands Conservation Bank Implementation Agreement (the "Implementation Agreement") dated April 5,1995 by and among Seller, as "Property Owner", The California Department of Fish and Game ("CDFG"). and The United States Fish and Wildlife Service ("JJSJFWS") (CDFG and USFWS are referred to collectively hereinafter the "Resource Agencies"), the Resource Agencies have acknowledged the creation of the Carlsbad Highlands Conservation Bank (the "Conservation Bank") and the right of Seller to sell "Conservation Credits" as provided further therein. B. Purchaser desires to mitigate the loss of certain natural habitat values on real property located in San Diego County California commonly known as Emerald Ridge (the "Purchaser's Property"). C. Purchaser has agreed to purchase from Seller, and Seller has agreed to sell to Purchaser one (1.0) Conservation Credit (the "Conveyed Credits") from the Conservation Bank on the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the agreements and acknowledgments set forth herein and for other good and valuable consideration, ,the receipt and sufficiency of which is hereby acknowledged, Seller and Purchaser hereby agree and acknowledge as follows: 1. Purchaser has deposited with the California Wildlife Conservation Board (the "Board"), or shall deposit with the Board on or before March 22.1996 (the "Closing Date"), immediately available funds in the amount of $2.316.00 (the "Endowment Deposit"), and Seller has received, or shall receive prior to the Closing Date, the Board's written acknowledgment of its receipt of the Endowment Deposit in the form attached hereto as Exhibit A ("Endowment Deposit Receipt"). 2. Purchaser has deposited with Seller, or shall deposit with Seller on or before the Closing Date, immediately available funds in the amount of $16.684.00. RECEIVED LADWIG DESIGN GR 3. Upon satisfaction of the conditions set forth in Paragraphs 1 and 2 above, Seller shall execute and deliver to Purchaser the Acknowledgment of Sale of Conservation Credits attached hereto as Exhibit B. 4. Purchaser acknowledges and agrees that: (a) the purchase and sale of the Conveyed Credits shall be made on an "AS IS, WHERE IS, WITH ALL FAULTS" basis as provided for in the Implementation Agreement; and (b) no representations or warranties have been made or are made and no responsibility has been or is assumed by Seller or by any officer, agent, affiliate, or representative acting or purporting to act on behalf of Seller as to: (i) the conservation value of the property conveyed to the Resource Agencies in establishing the Conservation Bank, (ii) the conservation value or mitigation requirements of the Purchaser's Property, (iii) the acceptance of the Conveyed Credits by the Resource Agencies or any other governmental agency as mitigation for the loss of habitat values associated with the Purchaser's Property, or (iv) any other fact or circumstance which might affect the Conservation Bank, the Purchaser's Property, or the Conveyed Credits. 5. Time is of the essence in this Agreement. In the event the conditions set forth in Paragraphs 1 and 2 above have not been satisfied by the Closing Date, at Seller's election in its sole and absolute discretion, upon written notice to Purchaser, this Agreement shall terminate and neither party shall have any further obligations hereunder except as provided in Paragraph 6 below. 6. Seller and Purchaser each represent to the other that it has not had any contract, agreement, or dealings regarding the Conveyed Credits with, nor any communication in connection with the subject matter of this transaction through, any broker, agent, finder, or other person who can claim a right to a commission or finder's fee in connection with the sale contemplated herein. In the event that any broker or finder perfects a claim for a commission or finder's fee based upon any such contract, agreement, dealings or communication, the party through whom such claim is made shall be solely responsible for and shall indemnify, defend, and hold harmless the other party from and against said commission or fee and all costs and expenses (including without limitation reasonable attorneys' fees) incurred by the other party in defending against such claim. The provisions of this Section 6 shall survive the termination of this Agreement. 7. Purchaser and Seller agree that all understandings and agreements heretofore made between them or their respective agents or representatives are merged in this Agreement and the Exhibits attached hereto, and alone fully and completely express their agreement with respect to the subject matter hereof and supersede all prior agreements and understandings between the parties relating to such subject matter. Purchaser and Seller further agree that Purchaser has no responsibilities or obligations whatsoever regarding the "Conservation Credits" except as are expressly stated in this Agreement. 8. All deposits, except the Endowment Deposit, and any notice required or permitted to be made or given under this Agreement shall be made and delivered to the parties at the addresses set forth below each party's respective signature. All notices shall be in writing and shall be deemed to have been given when delivered by courier, when transmitted by facsimile (upon confirmation of successfully completed transmission), or upon the expiration of two (2) business days after the date of deposit of such notice in the United States mail, registered or certified mail, postage prepaid, return receipt required. 9. This Agreement shall be governed and construed in accordance with the laws of the State of California. In the event a dispute arises concerning the meaning or interpretation of any provision of this Agreement, or in the event of any litigation arising out of or related to this Agreement, the party not prevailing in such dispute or litigation shall pay any and all costs and expenses incurred by the other party in establishing or defending its rights hereunder, including, without limitation, court costs and reasonable attorneys' fees. 10. This Agreement may be executed and delivered in any number of counterparts, each of which so executed and delivered shall be deemed to be an original and all of which shall constitute one and the same instrument. WHEREUPON, this Agreement has been executed as of the date first- above written. SELLER: BA PROPERTIES, INC., a Delaware corporation By: I 450 B Street, Suite 620 Mail Code 20005 San Diego, CA 92101 Attention: Jim Jackson Fax No. (619)230-5479 PURCHASER: Name: ]Y\ its:$Y\ 703 Palomar Airport Road, Suite 300 Carlsbad, CA 92009 :\carlsbad\mspcacb2.agr ACKNOWLEDGMENT OF SALE OF CONSERVATION CREDITS The undersigned Seller hereby acknowledges that it has sold and conveyed to MSP California, LLC one (1) Conservation Credit from the Carlsbad Highlands Conservation Bank. All terms of this conveyance shall be governed by the provision of the Conservation Credit Purchase Agreement and Acknowledgment between Purchaser and the undersigned dated March 11, 1996. SELLER: BA PROPERTIES, INC., a Delaware corporation By: Name: Its: Dated: ENDOWMENT DEPOSIT RECEIPT On behalf of the California Wildlife Conservation Board, the undersigned hereby acknowledges receipt of a check totaling $2.316.00 in connection with the sale of one (1) Conservation Credits from the Carlsbad Highlands Conservation Bank to MSP California, LLC. Such funds shall be held and applied in accordance with the terms of the Carlsbad Highlands Conservation Bank Implementation Agreement dated Aprils, 1995. Date: ^/^ 7 RECEIVED APR 0 5 1S96 IADWIG DESIGN 3R ^^•^^ *^^ Locluiig Design Group, Inc. PROJECT DESCRIPTION/EXPLANATION Revised January 11, 1995 PROJECT NAME: Mar Vista (CT 94-11, SDP 94-10. ZC 94-04. HDP 94-09^ APPLICANT NAME: Mrs. Christa M. McRevnolds - Trustee The applications for Mar Vista include a tentative subdivision map (CT 94-11), Hillside Development Permit (HDP 94-09), Zone Change (ZC 94-04) from Planned Community (PC) to R-l-Q, Site Development Plan (SDP 94-10) for Second Dwelling Unit (affordable housing), Environmental Assessment, Coastal Development Permit and Local Coastal Plan Amendment. This 49 lot (plus 1 open space lot) standard R-l 7,500 square foot minimum lot subdivision on 34.3 acres will be developed on the upper 15 plus acres of the property with the lower 19 plus acres to remain as permanent open space. All of the 40% or greater slopes (2.47 acres) and the 25-40% slopes (6.08 acres) will be left undisturbed. Based on Growth Management calculations, 20.08 acres of the property could be developed at 6 units per acre for a total of 120 units. Eight of the proposed lots will be required to construct a Second Dwelling Unit per City Ordinance NS283 for a total number of units to be built of 57. The actual dwelling units per acre are 2.83 (57 -r 20.08 = 2.83). Access to the property will be from Palomar Airport Road via Hidden Valley Road and the westerly extension of Cherry Blossom Lane across the Kelly Property (Assessor Parcel 212-040- 32). The Mar Vista project will share in the construction cost of the offsite access with the Kelly's and others. The grading for the construction of Hidden Valley Road north from Cherry Blossom to Palomar Airport Road will require approximately 105,000 cubic yards of fill. This fill material could either come from the adjacent Kelly Property west of Hidden Valley Road or from the Sambi project (CT 92-02) to the southeast or some other unidentified source. Sambi is conditioned to build this same roadway segment. The project has been designed, so that gravity sewer for the City park (Poinsettia Park) to the south could be provided and to also allow for elimination of the proposed pump station within the park. Subdivision grades were set to not only minimize grading (47,000 cubic yards + 15 acres = 3,100 ±. cubic yards per acre) but to allow for curvealinear streets and contour grading to provide a sensitive project that has minimal disturbance to the existing land form. Grading has been limited to the existing area without native vegetation with only minimal disturbance along an existing trail/driveway for sewer access at the northwest corner of the project. 1947CaminoVidoRoble 4 Suit© 108 4 Carlsbad, California 92008 (619) 438-3182 FflX (619) 431-2205 Project Description - Mar Vista January 11, 1995 Page 2 The sewer will leave the subdivision streets sewer system and follow an easement along the existing driveway to near the north boundary of the subdivision. The sewer will leave the trail near the north property line and go westerly across the McReynolds canyon to the west property line in an area to minimize impacts on existing willows. The sewer will then go north parallel to the west property line to an existing 20-foot sewer easement offered for dedication on Carlsbad Minor Subdivision MS837 shown on Parcel Map #16860, The sewer will then follow the existing sewer easement as shown on Minor Subdivision MS837 southwesterly approximately 80 feet to an angle point, thence northwesterly 470 +_ feet in the existing sewer easement which is adjacent to and parallel with an existing water line and easement that crosses the valley (Encinas Creek). The sewer easement then connects with an existing sewer in an easement and a point of connection which is located at the easterly corner of the Price Club parking lot. The sewer will be constructed by conventional trenching methods except in areas of dense riparian vegetation, where jacking will be considered to minimize or eliminate surface impacts. Many of the lots will have ocean views. The lots along the west and north edge of the subdivision will observe the 60-foot biological building setback identified in the Zone 20 Specific Plan and EIR. The large open space lot separates the subdivision lots from the park/soccer field by over 100 feet which will allow for screening and noise control. A City-wide trail is proposed by the City Open Space Plan in the open space on the west edge of McReynolds to be connected in the future to the pedestrian system in the park. The applicant originally proposed a trail in the canyon to follow existing trails that show up on older aerial photographs from 1975. Also, the applicant originally would propose a trail that would be hand cleared and meander to have the least disturbance on native vegetation. Biological impacts and mitigation have been addressed by RECON in their attached report dated August 30, 1994. The applicant met with the representatives of the U.S. Fish and Wildlife Service, Department of Fish and Game, Corps of Engineers and Carlsbad Municipal Water District on Monday, October 24, 1994. The purpose of the meeting was to discuss the project, offsite sewer and the proposed City-wide trail. The Water District is looking at several options for sewer alignments to service the future Poinsettia Park and properties south of the park. The options for sewer were to be "A" through the McReynolds canyon, "B" in the 60-foot buffer area on the west edge of Mar Vista and "C" in the street system within the proposed tentative map. Because of Gnatcatchers and other sensitive species in the McReynolds canyon, the agencies were adamantly against putting a combined trail and sewer in the McReynolds canyon. The sewer in the very northerly end of the canyon across Encinas Creek to the Price Club appears to be of less impact now that adjustments have been made with only minor issues with the agencies. The applicant is adamantly against putting the sewer in the "B" Alignment within the 60-foot buffer in the rear yards of the most significant ocean view lots within the subdivision. The agencies suggested that possibly a realignment of the City trail could be considered. This realignment of the trail, which is now the preferred alignment, would exit the park at the intersection of Hidden Valley Road and Cherry Blossom and proceed northerly along the westerly edge of Hidden Valley Road in the revegetated area west of the street improvements for Hidden Valley Road. The trail would proceed northerly and eventually cross Palomar Airport Road at the west edge of Hidden Valley Road at the signalized intersection. Project Description - Mar Vista January 11, 1995 Page 3 The Mar Vista project is requesting that the trail be relocated as described above and follow the revegetation area along the westerly edge of Hidden Valley Road. In addition, we request the sidewalk on the west side of Hidden Valley Road be deleted and replaced with the natural surface trail as described above. Also, a resource fence will be constructed along the westerly edge of the entire trail. RECON also looked at noise impacts on the project from both airport and street traffic sources. Some small walls are required and are shown on the plan. As mentioned earlier, the existing Planned Community Zone (PC Zone) will not be used. The attached zone change to R-l-Q and open space is being requested. A change to the existing General Plan is not necessary. ^^^ ^i^^ Uiduiig Design Group, Inc. JUSTIFICATION AND FINDINGS FOR PANHANDLE LOTS WITHIN MAR VISTA AS REQUIRED BY CITY CODE SECTION 21.10.080 (b) FOR LOTS 19 AND 31 Lot 19 Gross Lot Area 35,300 sq.ft. Panhandle (access) Area (65 x 20) - L300 sq.ft. Buildable portion of Lot (as defined by City Code) 34,000 sq.ft. Setback Areas (60* biological setback, front & sideyard) -27,600 sq.ft. Area of Lot for Structures free of setback restrictions 6,400 sq.ft. Lot 19 developed as a panhandle lot takes advantage of unfavorable natural conditions as a result of unusual topography and a specific plan requirement for a 60-foot biological setback/buffer. 78% of the lot (27,600 sq.ft. -s- 35,300 sq.ft.) is in setback areas that have restrictions on building but can be used for uses other than flammable structures. This uniquely shaped lot with a short (65 foot) panhandle will take advantage of ocean views and the adjacent natural open space areas that surround the west, north and north/east portion of this lot. The 60-foot biological setback will also require the homes to be setback from the northerly slope area, thereby providing room for sound attenuation and reduction of visual impacts from Palomar Airport Road, The large setback areas can provide ample room for the required nontandem (3) parking spaces and the required turn around area. The minimum required buildable area for this panhandle lot is 8,000 square feet buildable (buildable is defined per code as the gross area minus the access way and other areas less than 35 feet hi width.) This lot has 34,000 square feet of buildable area versus the 8,000 square feet required. All lot design requirements are met or exceeded for Lot 19. Lot 31 Gross Lot Area 25,800 sq.ft. Panhandle (access) Area (137x20) -2r700 sq.ft. Buildable portion of Lot (as defined by City Code) 23,100 sq. ft. Setbacks (60' biological front & sideyard) - 15r900 sq.ft. Area of lot for structures free from setback restrictions 7,200 sq.ft. Lot 31 developed as a panhandle lot takes advantage of unfavorable natural conditions resulting from unusual topography, existing property lines and a specific plan requirement for a 60-foot biological setback. 62 % of the lot (15,900 sq.ft. -*• 25,800 sq.ft.) is in setback areas that have restrictions on flammable structures. This lot is shaped to provide ultimate design flexibility and the panhandle is shorter than the maximum length allowed (137 feet versus 150 feet). This lot will also take advantage of ocean and open space views. The 60-foot biological setback will also require the home to be setback from the north slope thereby providing room for sound attenuation and reduction of visual impacts from Palomar Airport Road. The large setback areas can provide ample room for the required non-tandem (3) parking spaces and turn around areas. The minimum required buildable area for this panhandle lot is 8,000 square feet. (Buildable is defined per City Code as gross area minus the access way or other areas less than 35 feet wide.) This lot has 23,100 square feet of buildable area versus the 8,000 square feet required. All lot design requirements are met or exceed for Lot 19. 1947CaminoViclaRoble + Suit© 108 4> Carlsbad, California 92008 (619) 438-3182 FflX (619) 431-2205 Ladwig Design Group, Inc. November 7, 1994 Mr. Jeff Gibson CITY OF CARLSBAD 2075 Las Palmas Drive Carlsbad, California 92009 SUBJECT: MAR VISTA - TENTATIVE MAP SUBMITTAL (LADWIG DESIGN GROUP JN# L-1015) Dear Jeff: The following is a list of the City fees required to process Mar Vista. EA (Environmental Assessment) Fee Public Facility Fee Agreement Public Notice Fee (deposit) Hillside Development Permit Fee (HDP) Tentative Map Fee (TM) for 57 units Site Development Plan (SDP) (Major) Zone Change (ZC) Coastal Development Permit (CDP) Local Coastal Plan Amendment (LCPA) (Minor) $ $ $ $ TOTAL 220 50 500 400 $ 7,675 $ 5,530 $ 2,175 $ 400 $ 1,700 $18,650 I have enclosed Check #507 from Christa McReynolds in the amount of $18,650 made payable to the City of Carlsbad. I am also including the following exhibits and plans. HILLSIDE DEVELOPMENT PERMIT Land Use Review application form Slope Analysis Preliminary Landscape Plan EIA form PFF Agreement Disclosure Statement Preliminary Title Report Project Description LOCAL COASTAL PLAN AMENDMENT • 500 scale map • 81/2 x 11 location/vicinity map • Discussion of Amendment 1 original 5 prints 5 prints 1 original 1 original + 1 1 original 3 copies 1 original 1 copy 1 copy 1 original 1947 Cam/no Vida Roble, Suite 108, Carlsbad, CA 92008 (619) 438-3182 FAX (619) 431-2205 Mrs. Christa McReynolds November 7, 1994 Page 2 ZONE CHANGE • Plat • Existing and proposed change table TENTATIVE TRACT MAP Tentative Map (2 sheets) Time Limit Waiver Constraints Map Slope Analysis Traffic Study Noise Study Preliminary Soil/Geology Report w/map Project Photographs 40-scale Grading Plan (2 sheets) SITE DEVELOPMENT PLAN (FOR AFFORDABLE HOUSING Site Plan 2nd Dwelling Unit Architectural Plans (2 shts) Reduced 2nd Dwelling Architectural Plans Noise Study Preliminary Landscape Plan Biology Report Aerial Photo print (9x9) Aerial Vicinity Map (24x36) Landscape Plan Hidden Valley Road (2 sheets) COASTAL DEVELOPMENT PERMIT • Application Form 2 copies 2 copies 10 prints 1 original 10 prints 10 prints 2 copies 2 copies 2 copies 1 set 4 prints 10 prints 10 sets 10 sets 2 copies 10 prints 3 copies 1 copy 4 prints 10 sets 1 original Please accept the above for processing. We look forward to your written response to our application. If you have any questions reference the above, please call me. Sincerely, LADWIG DESIGN GROUP Robert C. Ladwig RCL:lw.029 Enclosures Copy with enclosures: Mrs. Christa McReynolds Mr. Alan McReynolds