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CT 94-11; Mar Vista; Tentative Map (CT) (4)
DECEMBER 12, 1996 TO: FROM: MARILYN STRONG Val Dinsmore, Administrative Secretary AGRICULTURE MITIGATION FEE AGREEMENT FOR EMERALD RIDGE WEST - CT 95-03 AND MAR VISTA - CT 94-11 Attached please find the original Agriculture Mitigation Fee Agreement for the Mayor's signature. Please forward on to the City Clerk's office when he has signed. Also, please return a signed copy to me. Thank you for your assistance in this matter. AL DINSMORE Attachment DECEMBER 12, 1996 TO: MARILYN STRONG FROM: Val Dinsmore, Administrative Secretary AGRICULTURE MITIGATION FEE AGREEMENT FOR EMERALD RIDGE WEST - CT 95-03 AND MAR VISTA - CT 94-11 Attached please find the original Agriculture Mitigation Fee Agreement for the Mayor's signature. Please forward on to the City Clerk's office when he has signed. Also, please return a signed copy to me. Thank you for your assistance in this matter. 'AL DINSMORE Attachment (ftmmtg; 0f DANIEL J. AVERA DIRECTOR DEPARTMENT OF ENVIRONMENTAL HEALTH P.O. BOX 85261. SAN DIEGO. CA 92186-5261 (619)338-2222 FAX (619) 338-2377 SITE ASSESSMENT AND MITIGATION DIVISION LARRY T. AKER ASSISTANT DIRECTOR December 11, 1996 Robert C. Ladwig Ladwig Design Group 703 Palomar Airport Rd #300 Carlsbad, CA 92009 Dear Mr. Ladwig: CONCURRENCE WITH REMEDIATION PLAN FOR PESTICIDE-CONTAMINATED SOIL AT EMERALD RIDGE WEST - MAR VISTA DEVELOPMENT. PALOMAR AIRPORT RD, CARLSBAD, CA 92009 H36434-001 The San Diego County Department of Environmental Health, Site Assessment and Mitigation Division, has reviewed the "Limited Phase II Pesticide Residue Survey Emerald Ridge West..." prepared by Geosoils on October 9. 1996. With the provision that the information submitted to this agency is accurate and representative of conditions at the site, this department concurs with the assessment procedures used and with the recommendation for on-site burial of pesticide-contaminated soil. Attached is a Case Closure Summary which provides results of the investigation and details of the proposed remediation. If the contaminated, buried soil is disturbed in the future, a reevaluation will be necessary to determine if it poses a risk to public health or the environment. Please be advised that this letter does not relieve MSP California LLC (or other owners of the property) of any liability under the California Health and Safety Code or the Porter Cologne Water Quality Control Act. If previously unidentified contamination is discovered which may affect public health, public safety and/or "Prevention Comes First" Mr. Robert C. Ladwig -2- December 11, 1996 water quality, additional site assessment and cleanup may be necessary. Please telephone David Felix at (619) 338-2258 if you^have any questions regarding this matter. Sincerely, CHUCK PRYATEL, Chief Site Assessment and Mitigation Division CP: ac Enclosure cc: Jeff Gibson, City of Carlsbad Planning Dept Marcus S. Palkowitsh, MSP California Edward Lump, Geosoils WP/EMRIDG^W. CLS I.AGENCY INFORMATION A Case Closure Summary NofflOP or Voluntary Assistance Program Date: December 4. 1996 Lead Agency: DEH County of San Diego, Environmental Health, SAM P.O. Box 85261 San Diego, CA 92186-5261 Staff Person: David Felix Phone: Title: (619)338-2222 Fax: Hazardous Materials (619)338-2315 Specialist II. CASE INFORMATION Case No. H36434-001 Site Name: Emerald Ridge West - Mar Vista Site Address: South of Palomar Airport Rd, Carlsbad Property Owner: MSP California, LLC Responsible/Requesting Party: Robert Ladwig Address: 650 Cherry Street #435 Denver, CO 80222 Address: Ladwig Design Group 703 Palomar Airport Rd #300 Carlsbad, CA 92009 Phone: (303) 399-9804 Phone: (619) 438-3182 Type of Case: Pesticide residue in soil RWQCB approve DEH Oversight: 7-18-96 III. SITE CHARACTERIZATION AND/OR INFORMATION Cause and Type of Contamination (if any): Legally applied pesticides Site Characterization complete?Yes Monitoring Wells Installed? No Total Number: NA Proper Screened Interval? HA Number of decommissioned wells: Range of groundwater levels on the site?Groundwater flow direction: Most Sensitive Current Use:Municipal Are Drinking Water Wells Affected?No RWQCB Basin Number: 904.51 Is Surface Water Affected?No Nearest Surface Water name: Pacific Ocean Off-Site Beneficial Use Impacts (addresses/locations); TREATMENT AND DISPOSAL OF AFFECTED MATERIAL Material Amount (Include Units)Action (Treatment or Disposal w/Destination)Date Soi I 40830 cu yds Used as fill on site proposed DEH:HM-9159 (Revised 9/10/96)1 of 2 Case Closure Summary A LOP or Voluntary Assistance Program III. SITE CHARACTERIZATION AND/OR INFORMATION (Continued) i MAXIMUM DOCUMENTED CONTAMINANT CONCENTRATIONS -- BEFORE AND AFTER CLEANUP i Contaminant Toxaphene Dieldrin Arochlor 1254 DDT+DDE+DDD Soil(ppm) Before 1.37 0.24 0.09 0.08 After Water (ppm) Before After Contaminant Soil (ppm) Before • After - Water (ppm) Before -;•, After i » - -k 'i Comments: Conversion of agricultural land to residential. Highest levels of contamination were found at 6" below grade. Dieldren is the only chemical found in all soil samples. DDT and Arochlor were found in preliminary composite samples but not in discrete samples taken at the direction of DEH. Highest Toxaphene and Dieldrin values exceed the EPA - PRG values for residential soil (0.4 and 0.03 rag/kg). Consultant recommends that top one to two feet of soil be removed and buried as fill under interior streets, in keyway (base of fill slope) along eastern edge of Emerald Ridge West and western edge of Mar Vista. This amounts to an estimated 40830 yards. After removal of the impacted soil, 8 verification samples will be taken from a depth of one foot; additional excavation will be done if these contain detectable levels of pesticides. IV. CLOSURE Does completed corrective action protect existing beneficial uses per the Regional Board Basin Plan? Does completed corrective action protect potential beneficial uses per the Regional Board Basin Plan? Yes Yes Does corrective action protect public health for current land use? Yes Are their other issues DEH needs to follow up on: No. Site Management Requirements: none Should corrective action be reviewed if land use changes? Yes Enforcement Action Taken: NA Enforcement Actions Rescinded: NA V.LOCAL AGENCY REPRESENTATIVE DATA I Name: Chuck Pryatel ^. ^ Signature: I ^S v (^XT*Lx- AX Hydrogeologist Concurrence: ^tfr[.-t ^^/i/7 h ^ ~^-J Title:Chief Site Assessment and Mitigation Date: /£?-f-^& Date:/2-A/S* VI. RWQCB NOTIFICATION I Date submitted to the RWQCB: RWQCB Staff: RWQCB Response date: Title: || VII. ADDITIONAL COMMENTS, DATA. ETC. This document and the related CASE CLOSURE LETTER, shall be retained by the lead agency as part of the official site file. DEH:HM-9159 (Revised 9/10/96)2 of 2 November 20, 1996 TO: CITY MANAGER CITY ATTORNEY COMMUNITY DEVELOPMENT DIRECTOR DON RIDEOUT, SENIOR MANAGEMENT ANALYST^U^ 4(d) PERMIT FOR MAR VISTA/EMERALD RIDGE WEST AND EAST Now that our prioritization system is in place, we can resume processing the backlog of requests for 4(d) permits that built up while we were resolving the issues with Continental Homes. The first of these consists of three contiguous projects in Zone 20 - Mar Vista, Emerald Ridge West and Emerald Ridge East. The three projects are treated as one for 4(d) purposes, and their total impact is 0.96 acres. The impacted habitat is not occupied by the California gnatcatcher. Mitigation has been provided by the purchase some months ago of 1 credit from the Carlsbad Highlands Conservation Bank. The U.S. Fish and Wildlife Service has issued a letter (attached) indicating their determination that the projects qualify for an exemption from the requirement to obtain a 4(d) permit. Their letter also concurs with the mitigation. Pursuant to our prioritization system, the Mar Vista/Emerald Ridge projects fall within the First Priority by acreage, that is, one acre or less of impact. These projects are technically exempt from the requirement to obtain a 4(d) permit, but the acreage of impact must still be subtracted from the 5% allocation. Our prioritization system allows the City Manager to act on 4(d) requests, subject to appeal to the City Council. It is our intent to process all First Priority impacts administratively in this manner. Projects with impacts of more than one acre would automatically go to the City Council, as was our past practice. In view of the small acreage of impact, it is recommended that the City Manager approve the deduction of 0.96 acres from the City's 5% allocation. Because this is the first request to be processed under the prioritization system, and the first to be processed administratively, review and concurrence by the City Attorney is requested. APPROVED: Raymojd R. Patchett Ronald R. Ball //. 2./- City Manager City Attorney October 23, 1996 TO: JOE FEDERICO, SENIOR CONSTRUCTION INSPECTOR VIA: COMMUNITY SERVICES DIRECTOF From: Park Development Coordinator LETTER OF PERMISSION FOR GRADING AND IMPROVEMENTS ON POINSETTIA PARK FOR EMERALD RIDGE WEST (CT95-03) The Community Services Department hereby grants permission for the Emerald Ridge West development (Developer) to grade and improve the northern boundary of the park as shown in the plans submitted (Drawings #347-5A by Crosby, Mead, Benton, and Drawings #347-5L by Stephen Ahles, Landscape Architect) (Approved Plans). Permission is conditional based on meeting the following requirements: 1. The graded area within the park property shall be planted and irrigated per the Approved Plans within 45 days after grading has begun within the park boundary. The Developer shall be responsible to protect the re-landscaped area. 2. The grading and re-landscaping shall be completed per the Approved Plans and to the satisfaction of the Community Services Director and City Engineer. 3. The Developer shall maintain, to the satisfaction of the Community Services Director, the re-landscaped area within the park for a period of 90 days after acceptance by the City or until the grading and other improvements in the vicinity of the park boundary are completed, whichever comes last. 4. No grading shall take place within the park boundary on the day of the "Park Grand Opening" (currently scheduled for January 18, 1996). The Community Services will notify the Developer at least 30 days prior to the day of the event. pg. 2 of 2, Permission to Grade, Emerald Ridge West 5. The emergency access between Emerald Ridge West and Poinsettia Park shall be as shown on Drawing #347-5L with a rolled curb section per Engineering Department requirements. 6. The Developer shall post a cash deposit for $45,000 (improvement cost plus $5,000 maintenance cost estimate) with the City as a guarantee that the work shown on the Approved Plans and the maintenance is completed to the satisfaction of the Community Services Director. Mark Steyaert c: City Engineer Principal Engineering Inspector Park Superintendent I/associate Planner, Gibson Associate Civil Engineer, Shirey Poinsettia Park file United States Department of the Interior FISH AND WILDLIFE SERVICE - Ecological Services Carlsbad Field Office 2730 Loker Avenue West Carlsbad, California 92008 Mr. Robert C. Ladwig Ladwig Design Group, Inc. 703 Palomar Airport Road Suite 300 Carlsbad, California 92009 Re: 4(d) exemption for Mar Vista and Emerald Ridge East and West, Carlsbad, CA. Dear Mr. Ladwig: The U.S. Fish and Wildlife Service (Service) has received your request for applying the 4(d) exemption to the above referenced projects. The Service has previously reviewed the above referenced projects (in a letter to you dated March 6, 1996), and found the proposals to be consistent with the Natural Community Conservation Planning (NCCP) Guidelines. The approved offsite mitigation recommendation was satisfied with the purchase of 1 credit at the Carlsbad Highlands Mitigation Bank and the preservation of 5.65 acres of coastal sage scrub on the proposed project site. Because the above referenced projects do not preclude Carlsbad's NCCP subarea plan, the loss of coastal sage scrub would be less than one acre, and the Service's off-site mitigation recommendation has already been fulfilled, the Service concurs with your request to implement the 4(d) exemption for Mar Vista, Emerald Ridge East, and Emerald Ridge West. The City of Carlsbad should subtract the coastal sage scrub impacts of these projects from the City's 5% of coastal sage scrub habitat that is available for loss through the 4(d) process. The City should notify SANDAG when the grading permit is issued. If you have any questions regarding this letter, please contact Ken Corey at (619) 431-9440. Sincerely, C. Kxjbetich icld Office Supervisor # 1-6-96-HC-313 cc: Bill Tippets (CDFG)RECEIVED SEP 1 9 1996 LAOWIG DESIGN 6R N C T D August 12, 1996 Mr. Jeff Gibson Planning Department City of Carlsbad 2075 Las Palmas Dr. Carlsbad, CA 92009 Re: CT 94-11 Mar Vista Dear Mr. Gibson: North County Transit District (NCTD) has reviewed condition 21 of the Conditions of Approval specified in Planning Commission Resolution No. 3875 and has the following comment: NCTD does not anticipate providing transit service on Hidden Valley Road. As a result, no transit improvements are required of this project. Sincerely, Chris Schmidt Assistant Planner cc: Robert C. Ladwig, Ladwig Design marvista.doc NORTH COUNTY TRANSIT DISTRICT 311 South Tremont Street, Oceanside, CA 92054 61 9-967-2828 Utduiig Design Group, Inc. August 6, 1996 Mr. Ken Corey U.S. Fish & Wildlife Service Carlsbad Field Office 2730 Loker Avenue West Carlsbad, CA 92008 SUBJECT: Dear Ken: EMERALD RIDGE WEST AND MAR VISTA (LADWIG DESIGN GROUP, INC. - J/N L-1034) This morning I left a message on your recorder regarding my discussion with Jeff Gibson of the City of Carlsbad. Jeff called me this morning to say that City Staff has reviewed the Emerald Ridge West and Mar Vista request for 4d permits. Jeff indicated they feel that the small amount of "take" proposed would qualify for an exemption and the City Staff would be ready to grant an exemption for this project. Jeff said that prior to them doing that, they would need a letter from you indicating that you agree with their conclusion. On March 6, 1996. you addressed a letter to me on these two projects (copy of the letter enclosed). For Emerald Ridge West and Mar Vista, there is a loss of 0.05 acres of disturbed coastal sage scrub and 0.07 acres of mid to high quality coastal sage scrub. As you recall, we have already purchased mitigation credits from the Carlsbad Highlands mitigation bank. If you agree with the City's recommendation to grant an exemption, please address a letter to Jeff Gibson, copy to me. indicating your approval of their recommendation for the exemption. For your information, these two projects are progressing through the final design steps. We have our Coastal approvals, which included an exemption to grade this winter up to the middle of February, which you had suggested in your letter to me dated March 6, 1996. The applicant is aggressively pursuing final approval of the construction plans and we would like to obtain our grading permit for these two projects as soon as possible. 703 Palomor Rirport Rood 4- Suite 300 *• Carlsbad, California 92009 (619)438-3182 FflX (619) 438-0173 Mr. Ken Corey August 6, 1996 Paae 2 Emerald Ridge East will be heard before the City Council tonight and will then be forwarded to the Coastal Commission for their consideration. Final design has not begun on Emerald Ridge East so we agree with the City's recommendation to separate the 4d process for Emerald Ridge East from Emerald Ridge West and Mar Vista. In summary, we ask for a letter from you. if you concur, that Emerald Ridge West and Mar Vista would qualify for an exemption as stated above. If you have any questions, please give me a call. Sincerely. Ladwig Design Group, Inc. Robert C. Ladwig RCL:klb.012 Enclosure cc: Mr. Jeff Gibson, City of Carlsbad Mr. Marc Palkowitsh, MSP California LLC Mr. David Bentley. MSP California LLC Mr. R. Gordon Craig, Monarch Communities of CA Mr. Dennis Ferdig, UDC Homes 703 Palomar Rirport Road 4- Suite 300 «• Carlsbad, California 92009 (619)438-3182 FflX (619) 438-0173 -07/26/96 16:14 ©619 232 0248 SD NAT HIST MUSE ElOOl/003 r San Diego Natural History Museum Balboa Park • San Diego Society of Natural History • Established 1874 26*4,1996 Mr. Robert G Ladwig - '•- - - 6 ;396 Ladwig Design Group, Inc. 703 Palomar Airport Road LADWIG DESIGN GR Suite 300 Carlsbad, CA 92009 RE: Paleomological Resources, Mar Vista, Carlsbad, CA (CT 94-11) Dear Robert: This letter report summarizes the results of my paleontological resource assessment of the above referenced project. Assessment is based upon a review of existing published and unpublished geological literature (Wilson 1972; Weber 1982), and a review of museum paleontological records (San Diego Natural History Museum). These data were field checked (2 May 1996) by a walkover of the site. The site is underlain by two geological rock units including from oldest to youngest white to brown coarse-grained silty sandstones of member C of the Santiago Formation (middle Eocene, approximately 40-42 million years old) and light reddish brown coarse-grained sandstones of the Lindavista Formation (late Pleistocene, approximately 200,000-700,000 years old). The contact between these two rock units was observed in a pipeline trench at the northwestern corner of the project site. This contact is at approximately elevation 120'. Concerning paleontological resources, no fossil remains were observed during the field walkover of the project site and no previous collecting localities were noted in museum records for this area. However, member C of the Santiago Formation has produced important remains of Eocene fossils from construction related excavations in the Carlsbad-Oceanside area (Demeri and Walsh 1993). These fossils consist of skeletal remains of land mammals including opossum, hedgehog, carnivore, primate, rodent, rhinoceros, brontothere (large extinct rhinolike browser), tapir, and protoreodont (small extinct deeerlike browser). These fossil remains are very significant and represent one of the richest sources of Eocene land mammals in California. The paleontological resource potential of the Lindavista Formation is more limited, but well-preserved fossils of marine molluscs (clams and snails) were recovered from these deposits on the nearby Sambi project site. Based on the proven paleontological resource value of the Santiago Formation and Lindavista Formation, it is suggested that development of the project site has the potential to create significant impacts to paleontological resources. These potential Post Office Box 1390 - San Diego, California 92112 • Telephone: 619-232-3821 • Fax: 619-232-0248 PflflMd on 07/26/96 16:15 ®619 232 0248 SD NAT HIST MUSE 0002/003 impacts will occur if mass excavation activities cut into the sandstones of the Santiago Formation. The more limited paleontologies! resource value of the Lindavista Formation on the project site suggests that grading of this rock unit may also result in significant impacts.4. Mitigation of the impacts discussed above can be ensured by implementing the following measures: [1] Prior to initiation of construction activities the project developer shall retain a qualified paleontologist to cany out the mitigation program outlined here. (A qualified paleontologist is defined as an individual with a MS or Ph.D. in paleontology or geology who is familiar with paleontological procedures and techniques.) [2] A qualified paleontologist shall be at the prc-construction meeting to consult with the grading and excavation contractors. [3] A paleontological monitor shall be onsite at all times during the original cutting of previously undisturbed deposits of high sensitivity formations (Santiago Formation) to inspect exposures for contained fossils. The paleontological monitor shall be onsite on a pan-time basis during the original cutting of previously undisturbed deposits of moderate sensitivity formations (Lindavista Formation). In the event that fossils are discovered in moderate sensitivity formations it may be necessary to increase the per/day field monitoring time. Conversely, if fossils are not being found in these rock units the monitoring shall be reduced, (A paleontological monitor is defined as an individual who has experience in the collection and salvage of fossil materials. The paleontological monitor shall work under the direction of a qualified paleontologist.) [4] When fossils are discovered, the paleontologist (or paleontological monitor) shall recover them. In most cases this fossil salvage can be completed in a short period of time. However, some fossil specimens (such as a complete large mammal skeleton) may require an extended salvage period In these instances the paleontologist (or paleontological monitor) shall be allowed to temporarily direct, divert, or halt grading to allow recovery of fossil remains in a timely manner. Because of the potential for the recovering of small fossil remains, such as isolated mammal teeth, it may be necessary to set up a screen-washing operation on the site. [5] Fossil remains collected during the monitoring and salvage portion of the mitigation program shall be cleaned, repaired, sorted, and cataloged [6] Prepared fossils, along with copies of all pertinent field notes, photos, and maps, shall be deposited (as a donation) in a scientific institution with permanent paleontological collections such as the San Diego Natural History Museum. Donation of the fossils shall be accompanied by financial support for initial specimen storage. [7] A final summary report shall be completed that outlines the results of the mitigation program. This report shall include discussions of the methods used stratigraphic section(s) exposed fossils collected and significance of recovered fossils. 07/26/96 16:15 ©619 232 0248 SD NAT HIST MUSE ©003/003 In summary, the project site possesses a potential for producing significant paleontological resources. Development of the project site will result in impacts to these resources. The measures proposed above will ensure proper mitigation of these impacts. Please feel free to contact me if you have any questions concerning my findings. Sincerely yours, Thomas A. Demerd, Ph.D. Department of Paleontological Services REFERENCES CITED Demer£, TA. and S.L. Walsh. 1993. Paleontological Resources, County of San Diego. Report prepared for the Department of Public Works, County of San Diego, 68 p. Weber, F.H., Jr. 1982. Recent slope failures, ancient landslides, and related geology of the north-central coastal area, San Diego County, California. California Division of Mines and Geology Open-File Report 82-12,77 p. Wilson, K.L. 1972. Eocene and related geology of a portion of the San Luis Rey and Encinitas quadrangles, San Diego County, California. Unpublished MA. thesis. University of California, Riverside, 135 p. 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 94-11 )/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 92009-1576 • (619) 438-1161 • FAX (619) 438-0894 MAR VISTA (CT 94-11J/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. MICHAE Associate Engineer - Land Use Review c: Assistant City Engineer Principal Civil Engineer - Land Use Review Associate Planner - J. Gibson Bob Ladwig APR-29-96 HON 6:42 US rflX NU,r, ui United States Department of the Interior FISH AND WILDLIFE SERVICE Ecological Sarvkxaa Caihbud Field Office 2730 Laker Avcmu We«t Carlsbad, California 92006 April 16, 1996 Mr. Robert C. Ladwig Ladwig Design Group, Inc. 703 Palomar Airport Road Suite 300 Carlsbad, California 92009 Re: Emerald Ridge West and East and Mar Vista and the purchase of one mitigation credit at the Carlsbad Highlands Mitigation Bank Dear Mr. Ladwig: The U.S. Fish and Wildlife Service has received proof from Bank of America that the applicant (MSP California, LLC) for the proposed development of Mar Vista, and Emerald Ridge East and West in Carlsbad has purchased one conservation credit from the Carlsbad Highlands Mitigation Bank. This satisfies the offsite mitigation requirement for these projects as submitted to the Service. Please refer to our March 6, 1996 letter to you for additional criteria concerning the issuance of a 4(d) permit and minimizing impacts to wildlife. •Field Office Supervisor cc: City of Carlsbad (attn: DonRideout) # 1-6-HC-96-173 RECEIVED APR 2 9 1996 LADWIG DESIGN 6R OPTIONAL FORM N (7-«0) FAX TRANSMITTAL fm *"* 4 at pa«M flM 1 5068-101 GENERAL SERVICES ADMINISTRATION Bank off America April 1, 1996 Mr. Robert C. Ladwig Ladwig Design Group, Inc. 703 Palomar Airport Road Suite 300 Carlsbad, CA 92009 Re: CARLSBAD HIGHLANDS CONSERVATION BANK MSP CALIFORNIA, LLC SALE Dear Bob: Enclosed please find the receipt from the Wildlife Conservation Board for the endowment portion of the sales price. Thank you very much for your business and please give me a call if I can be of further assistance. Sincerely, James M. Jackson Vice President (619) 230-6361 Enclosures cc: Leticia Leyva - Bank of America jj:\carlsbad\msp3.ltr RECEIVED LADWIG DESIGN GR Bank of America National Trust and Savings Association 450 "B" Street, Suite 620, San Diego, CA 92101 Phone 619/230-5745 Fax 619/230-5479 O RoeydwJ PBPW Bank of America March 20, 1996 Mr. Robert C. Ladwig Ladwig Design Group, Inc. 703 Palomar Airport Road Suite 300 Carlsbad, CA 92009 Re: CARLSBAD HIGHLANDS CONSERVATION BANK MSP CALIFORNIA, LLC SALE Dear Bob: Enclosed please find a fully executed copy of the Conservation Credit Purchase Agreement and Acknowledgment and a fully executed Acknowledgment of Sale of Conservation Credit. The latter is your receipt for purchase of 1.0 credit. Upon presenting this to the U. S. Fish and Wildlife Service or Department of Fish and Game, it will serve as evidence that you have made the purchase. I have forwarded the endowment portion of the sales price to the Wildlife Conservation Board and requested a receipt. Thank you very much for your business and if I can sell you any more credits in the future, please give me a call. Sincerely,r\ James M. Jackson Vice President (619) 230-6361 Enclosures RECEIVED cc: Steve Serber - Bank of America jj:\mspca2.ltr LADWIB DESIGN OR Bank of America National Trust and Savings Association 450 "B''Street Suite 620 San Diego. CA 92101 Phone 619/230-5745 Fax 619/230-5479 Uicluiig Design Group, Inc. March 19, 1996 Mr. Bill Ponder Coastal Analyst California Coastal Commission San Diego Coastal Area 3111 Camino del Rio North., Suite 200 San Diego, CA92108 SUBJECT: MAR VISTA- A SINGLE FAMILY SUBDIVISION IN ZONE 20 IN THE CITY OF CARLSBAD, CA/REQUEST FOR COASTAL COMMISSION APPROVAL OF CT 94-11, SDP 94-10, HDP 94-09, LCPA 94-04, AND ZC 94-04 (LADWIG DESIGN GROUP, INC. - J/N L-1015) Dear Bill: Please accept the attached information and our request for a Coastal Development Permit for Mar Vista. 1. Copy of tax bill showing applicant's legal interest in property. 2. Assessor maps marked to show adjacent properties within 100 feet of Mar Vista. I have also attached a 1" = 200' 100-foot radius map showing all surrounding parcels. 3. One set of stamped envelopes for surrounding owners/occupants within 100 feet, as requested. 4. One vicinity map. 5. One set of the following exhibits: • Mar Vista Tentative Map (CT 94-11) 1 through 3 of 3. • Mar Vista Tentative Map Grading Plan 1 and 2 of 2. • Mar Vista Site Development Plan (SDP 94-10) 1 of 1. • Mar Vista Conceptual Architecture for 2nd Dwelling Units 1 and 2 of 2. • Mar Vista Landscape Concepts 1 and 2 of 2. • Mar Vista Constraints Map 1 of 1. • Mar Vista Hillside Development Permit (HDP 94-04) 1 of 1. • Aerial Photo Vicinity Map (24" x 36") 1 of 1. • Reduced plans (SYz" x 11") for Tentative Map, Landscape Concepts, Conceptual Architecture, Hillside Permit, Constraints Map, and Site Development Plan. • Preliminary Title Report (Chicago Title No. 965243-50 - 10/30/95. 703 Palomar flirport Road + Suite 300 4- Carlsbad, California 92009 (619) 438-3182 FflX (619) 438-0173 Mr. Bill Ponder March 19, 1996 Page 2 6. One copy of Carlsbad Planning Resolution No. 3872 approving a re-circulated Mitigation Negative Declaration for a zone change, Local Coastal Program Amendment, Tentative Map, Site Development Plan and Hillside Development Permit. Please note that the neighboring property to the east (MSP California LLC) is included in the zone change and Local Coastal Program Amendment. MSP will be filing a separate request for Coastal Development Permit in mid April 1996, for their Tentative Map, Hillside Development Permit and Site Development Plans. 7. Copy of U.S. Fish and Wildlife service letter (3/6/96) concurring with mitigation requirements for Mar Vista and adjacent Emerald Ridge projects. 0.05 acres of ofTsite Coastal Sage Scrub Mitigation within the Emerald Ridge property (MSP) is required for Mar Vista where access for Mar Vista ties into Hidden Valley Road at Calle Serena. Also, the offsite sewer for Mar Vista has already been approved under Coastal Permit No. 6-95-141 processed by the Carlsbad Municipal Water District. This sewer will provide service for Mar Vista, Emerald Ridge West, portions of Greystone Homes (Coastal Application No. 6-96-20), the City Poinsettia Park (Coastal Permit No. 6-92-182) and Sambi Seaside Heights (Coastal Permit No. 6-94-131). 8. Copies of Leighton and Associate's soils reports and letters dated 7/18/89, 1/26/95, 9/18/95, and 10/18/95. 9. Copies of signed Planning Commission Resolution Numbers 3872, 3873, 3874, 3875, 3876, and 3877. I have also included a signed copy of City Council Resolution No. 96-77 approving a Mitigated Negative Declaration, Local Coastal Program Amendment and change of the zoning map along with a copy of Ordinance No. NS-350, a Zone Code Amendment for Mar Vista and Emerald Ridge (ZC 94-04). I have also included a copy of the StaffReport to the Planning commission that contains unsigned resolutions. 10. On March 15, 1996,1 have or will have posted the Pending Permit Notice card at the south east corner of the property. 11. I am including a check in the amount of $7,275.00 for the appropriate filing fee. It is based on $120 x 57 units (49 SFD + 8 granny flats) = $6,840 plus the grading fee of $200 + $235 for a total of $7,275.00. 12. The attached application is signed in three places as requested and I have answered all the applicable questions. You will notice that the zoning has a Q overlay. We will be required to process a site development plan again showing buildings on all lots before we can obtain building permits. This will require a subsequent Coastal Development Permit or at least an amendment. We will look for your guidance on this item. Mr. Bill Ponder March 19, 1996 PageS Please process the above for a Coastal Development Permit. I will be happy to go over any questions you may have. Sincerely, LADWIG DESIGN GROUP, INC. Robert C. Ladwig RCL:klb.064 cc: Mr. Jeff Gibson, City of Carlsbad Ms. Anne Hysong, City of Carlsbad Mrs. Christa McReynolds Mr. Marc Palkowitsh, MSP California LLC Mr. David Bentley, MSP California LLC Mr. R. Gordon Craig, Monarch Communities United States Department of the Interior FISH AND WILDLIFE SERVICE Ecological Services Carlsbad Field Office 2730 Loker Avenue West Carlsbad, California 92008 RECEIVED MAR 1 1 1996 LAOWIG DESIGN GR March 6, 1996 Mr. Bob Ladwig Ladwig Design Group, Inc. 703 Palomar Airport Road, Suite 300 Carlsbad, CA 92009 Re: Emerald Ridge East and West Tentative Maps exclusive of Hidden Valley Road Dear Mr. Ladwig: The U.S. Fish and Wildlife Service (Service) has reviewed the proposed adjacent Emerald Ridge East and West residential housing projects located in the City of Carlsbad approximately 500 feet south of Palomar Airport Road and 1.5 miles east of Interstate 5. The proposed Emerald Ridge East project is a Tentative Map to divide approximately 27.4 acres into 60 residential lots and three open space lots. The proposed Emerald Ridge West project is a Tentative Map to divide approximately 28.9 acres into 61 residential lots and one open space lot. Emerald Ridge West consists of 20.55 acres of disturbed (formerly agricultural) habitat, 6.44 acres of coastal sage scrub, 1.2 acres of southern mixed chaparral, 0.43 acres of riparian vegetation, and 0.23 acre of an unvegetated drainage channel. The threatened coastal California gnatcatcher (Polioptila californica californlcd) was observed in the northeastern corner of the site in July 1995. Proposed impacts on Emerald Ridge West as a result of the proposed tentative map includes the loss of .05 acres of disturbed coastal sage scrub and 0.07 acre of mid to high quality coastal sage scrub. It is the Service's understanding that the 0.05 acre of impacted coastal sage scrub identified in the Emerald Ridge West TM adjacent to the proposed intersection of Calie Serena and Hidden Valley Road is the same 0.05 acre of impacted coastal sage scrub identified in the Mar Vista project (CT 94-11) report. Mar Vista is west and adjacent to Emerald Ridge West and access to Mar Vista is proposed to go through Emerald Ridge West. It is the Service's understanding that the 0.05 acre of coastal sage scrub identified in both projects will be mitigated through the Emerald Ridge West Tentative Map. Additionally, under the Emerald Ridge West Tentative Map, impacts and mitigation associated with the construction of Hidden Valley Road which traverses the eastern portion'of the proposed project site, will be the responsibility of the Sambi Seaside Heights project to the south and will not be reviewed in this letter. Proposed mitigation for the impacts to coastal sage scrub on Emerald Ridge West include onsite preservation of 4.82 acres of coastal sage scrub and purchasing 0.19 acre of land within a San Diego County coastal mitigation bank. Impacts to 0.05 acre of disturbed coastal sage scrub , would be mitigated at a 1:1 ratio (0.05 acre). Mr. Ladwig Impacts to 0.07 acre of mid to high quality coastal sage scrub would be mitigated at a 2:1 ratio (0.14 acre). Emerald Ridge East consists of 25.73 acres of disturbed (formerly agricultural) lands, 1.47 acres of coastal sage scrub, and 0.17 acre of wetland vegetation. A gnatcatcher was observed in the southeastern corner of the proposed project site in July 1995. Proposed impacts on Emerald Ridge East include the loss of .5 acres of-low quality coastal sage scrub in isolated patches not occupied by the gnatcatcher and the loss of .14 of .97 acres of mid to high quality coastal sage scrub occupied by the gnatcatcher. Proposed mitigation includes preservation of 0.83 acre of coastal sage scrub within 7.64 acres of natural open space and the purchase of 0.78 acre of land within a San Diego County coastal mitigation bank. Impacts to 0.5 acre of unoccupied and isolated coastal sage scrub is proposed to be mitigated at a 1:1 ratio (0.50 acre). Impacts to 0.14 acre of coastal sage scrub contiguous with other habitat to the south and occupied by the gnatcatcher would be mitigated at a 2:1 ratio (0.28 acre). For both Tentative Maps, the total amount of directly impacted coastal sage scrub would be 0.31 acre mitigated through the purchase of 0.97 acre of land within a coastal San Diego County mitigation bank or other appropriate site and the preservation of 5.65 acres of coastal sage scrub within 14.01 acres of open space onsite. In the Biological Survey and Report for Emerald Ridge East, the option to revegetate .92 acres of disturbed land in the southeastern corner of the proposed project site to coastal sage scrub is offered in lieu of purchasing mitigation lands offsite. However, the Service generally does not give full mitigation credit to revegetation efforts because of the lag time and limited success rate. Also, the disturbed area is adjacent to coastal sage scrub currently proposed for preservation which may act as a natural seed bank for the disturbed area. Thus, the disturbed area may revegetate over time without any additional effort. The Service recommends purchasing appropriate offsite lands as mitigation rather than actively revegetating the disturbed area identified onsite. If you would like to pursue revegetating the 0.92 acre disturbed area with coastal sage scrub, we offer our assistance in developing a revegetation strategy. The Service concurs with the proposed mitigation strategy for Emerald Ridge West and East Tentative Maps involving the purchase of appropriate offsite lands and believes that these projects are appropriate for the 4(d) Rule because the amount of impacted habitat is small and the proposed projects do not preclude conservation planning options in the City of Carlsbad. The Service also recommends that grading and construction of the proposed projects occur during the non-breeding season for the gnatcatcher between August 1 and February 15. Minimizing the impacts of noise within the remaining areas of coastal sage scrub during grading and construction may help to reduce disturbance to the gnatcatcher, and the Service is willing to work with you regarding this issue. Mr. Ladwig If you have any questions regarding this letter, please contact Ken Corey of my staff at (619) 431- 9440. cc: CDFG (attn: Bill Tippets) City of Carlsbad (attn: Don Rideout) #l-6-96-HC-100 Gail-C.Kdbetich Field Supervisor To: Ray Patchett Cc: moren,mholz From: Gary Wayne Subject: CCCCC Agenda/MarVista,Emerald Ridge Date: 01/23/96 Time: 9:21a Bob Ladwig has been inquiring about the possibility of having Council consider two projects (Mar Vista and Emerald Ridge) at the same meeting. The agenda Bill for Mar Vista was signed off at ComDev yesterday and is currently in the Agenda Bill review process. Emerald Ridge was heard by the Commission on Jan. 17, 1996 and will be considered by the Housing Commission on Feb. 8th. That agenda bill should be complete at ComDev by Feb. 10th. I have informed Ladwig of the situation which will put Emerald Ridge about 3 weeks behind Mar Vista and he said that he no longer wants them to be on the same agenda. City of Carlsbad Planning Department PLANNING COMMISSION NOTICE OF DECISION January 10, 1996 Don McDougal Suite 105 495 East Rincon Corona, CA 91719 RE: SP 203(A)/CT 92-01 (A)/PUD 92-01 (A)/SDP 93-04(A) - COSTA DO SOL At the Planning Commission meeting of January 3, 1996, your application was considered. The Commission voted 5-1 (Monroy) (Erwin absent) to APPROVE 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, MICHAEbJ. HOtZMILLER Planning Director MJH:JG:kr Enclosed: Planning Commission Resolution No. 3862, 3863, 3864, 3865, and 3866 c: Mike Howes, Hofman Planning & Associates 2O75 Las Palmas Drive • Carlsbad, California 92OO9-1576 • (619)438-1161 City of Carlsbad Planning Department PLANNING COMMISSION NOTICE OF DECISION January 10, 1996 Christa McReynolds 2316CalleChiquita 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 2O75 Las Palmas Drive - Carlsbad, California 92OO9-1576 • (619) 438-1161 January 3, 1996 TO: PLANNING COMMISSION FROM: Planning Department RE: LCPA 94-04/ZC 94-04/CT 94-11/SDP 94-10/HDP 94-09 - MAR VISTA For the January 3, 1996 Planning Commission Public Hearing for the Mar Vista project the Planning Department recommends the selection of Sewer/Stormdrain Alternative "A" and the deletion of Sewer/Stormdrain Alternative "B." If the Planning Commission concurs, the following changes to the project's Planning Commission Resolutions would be required: 1. Eliminate the first half of Condition No. 1. under Sewer/Stormdrain Alternative "B" in Planning Commission Resolution No. 3872; 2. Eliminate Condition 63f-2 including the note below 63f-2 in Planning Commission Resolution No. 3875; 3. Add the following note to Condition No. 63f-1 in Planning Commission Resolution No. 3875 - "Note: Prior to final map approval the Developer shall revise the tentative map to eliminate Sewer/Stormdrain Alignment "B"". TRarVi PALDMAR AIRPORT RDAD mar Vista SAMBS CT 92-02 A DIRT RDAD BATIQUITDS DRIVE VICINITY MAP Design Qroiip, Inc. 1947 Comino Vldo Roble, Suite 108 Carlsbad. California 92008 (619)438-3182 Fax (619)431-2205 ND SCALE LOG JOB #1-1015 A 11-4-94 A 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 APPLICATION FOR COASTAL DEVELOPMENT PERMIT SECTION I. APPLICANT 1. Name, mailing address, and telephone number of all applicants. MRS. CHRISTA M, McREYNOLDS 2316 -CALLE CHIQUITA LA JOLLA, CA 92037 619-454-5385 (Area code/daytime phone number) Note: All applicants for the development must complete Appendix A, the declaration of campaign contributions. 2.Name, mailing address and telephone number of applicant's representatives, if any. Please include all representatives who will communicate on behalf of the applicant or the applicant's business partners, for compensation, with the Commission or the staff. (It is the applicant's responsibility to update this list, as appropriate, including after the application is accepted for filing. Failure to provide this information prior to communication with the Commission or staff may result in denial of the permit or criminal penalties.) ROBERT C. LADWIG LADWIG DESIGN GROUP, INC. 703 PALOMAR AIRPORT ROAD, SUITE 300 CARLSBAD, CA 92009 619-438-3182 (Area code/daylime phone number) SECTION II. PROPOSED DEVELOPMENT Please answer all questions. Where questions do not apply to your project (for instance, project height for a land division), indicate Not Applicable or N.A.. 1. Project Location. Include street address, city, and/or county. If there is no street address, include other description such as nearest cross streets. SOUTH OF PALOMAR AIRPORT ROAD - EAST OF PASEO DEL NORTE _ number street dty county ' Assessor's Parcel Number(s) (obtainable from tax bill or County Assessor): 211-040-14 _ FOR OFFICE USE ONL Y RECEIVED FILED - FEE APPLICATION NUMBER DATE PAID 2. Describe the proposed development in detail. Include secondary improvements such as grading, septic tanks, water wells, roads, driveways, outbuildings, fences, etc. (Attach additional sheets as necessary.) Mar Vista is a 50 lot standard single family R-l-7500 square-foot lots minimum subdivision with 49 residential lots on 34.3 acres with one 19.2 acre open-space lot. As one option to satisfy Carlsbad affordable housing requirements, 8 second dwelling units are proposed to be mixed within the 49 market rate units. The project proposes 47,000 cubic yards of grading. Sewage will flow offsite to an existing trunk line near Palomar Airport Road. 3. 4. 5. a. If multi-family residential, state: Number of units Existing units N/A Proposed new units N/A Net number of units on completion of project •N/A Number of bedrooms per unit (both existing and proposed} N/A Type of ownership proposed O rental O condominium D stock cooperative O time share n other b. If land division or lot line adjustment, indicate: Number of lots Existing lots 1 Proposed new lots 50 Net number of bts on completion of project 50 Size of lots- to be created (indicate net or gross acreage) Existing 3403 AC Proposed Open-space lot is 19.2 acres - R-l lots range from 7500 sq.ft. to 35,:00 Estimated COSt Of development (not including cost of land) $ Project height: Maximum height of structure (ft.) •above existing (natural) grade N/A - Site Development Plan to follow. «above finished grade N/A - Site Development Plan to follow. • as measured from centeriine of frontage road N/A - site Development Plan to follow. Total number of floors in structure, including subterranean floors, lofts, and mezzanines N/A - Site Development Plan to follow. 6. Gross floor area excluding parking (sq.ft.) N/A 9. Gross floor area including covered parking and accessory buildings (sq.ft.)N/A 7. Lot area (within property lines) (sq.ft. or acre) See 2b above. . lot coverage . Building Paved area Landscaped area Unimproved area Existing (sq.ft. or acre) N/A N/A N/A N/A New proposed (sq.ft. or acre) Grand Tote/ (should equal tot area as shown in #7 above) Total (sq.ft. or acre) 8. Is any grading proposed?.Yes O No {{yes, complete the following. a) Amount of cut b) Amount of frw c\ Amount of import or export (circle which) 47 , ooo cu.yds. 47,000 cu.yds. o cu. yds. rf. Maximum height of ' cut slope ) Maximum height of . ' fill slope « Location of borrow ' or disposal site 19 «. 16 ft. N/A Grading and drainage plans must be included with this application. In certain areas, an engineering geology report must also be included. See Section IV, paragraph 11 for the specifics of these requirements Leighton & Associates - 7/18/89 (Report) Leighton & Associates - 1/26/95 (Report) Please list any geologic or other technical reports Leighton & Associates - 9/18/95 (supplement) of which you are aware that apply to this property Leighton & Associates - 10/18/95 (Letter) Parking: Number of parting spaces (Indicate whether standard or compact) Existing spaces 0 Proposed new spaces 2 x 49 = 98 min. 1 x 8=8 min. 106 98 covered std. space, 8 uncovered Net number of spaces on completion of project 106 min. J Is any existing parking being removed? If yes, how many spaces? N/A O Yes No size N/A Yes O No If yes, how many tandem sets? 8 size £! x 20 (Allowed for 2nd dwelling unit: only. All may be in garages) 10. Are utility extensions for the following needed to serve the project? (Please check yes or no) a) water b)gas c) sewer d) electric e) telephone g Yes S Yes 0; Yes Q: Yes £J Yes a NO a NO a NO a NO a NO Will electric or telephone extensions be above-ground? n Yes rm No 1 1 . Does project include removal of trees or other vegetation? If yes, indicate number, type and size of trees O Yes s& No or type and area of other vegetation — SECTION III. ADDITIONAL INFORMATION The relationship of the development to the applicable items below must be explained fully. Attach additional sheets if necessary. .. . . 1. Present use of property. a. Are there existing structures on the property? O Yes No if yes, describe b. Will any existing structures be demolished? O Yes £3 No Will any existing structures be removed? O Yes Et No If yes to either question,site, if applicable. describe (he type of development to be demolished or removed,, including the relocation 2. Is the proposed development to be governed by any Development Agreement? O Yes &• No 3. Has any application for development on this site including any subdivision been submitted previously to the California Coastal Zone Conservation Commission or the Coastal Commission? O Yes jgj No If yes, state previous application number(s) : 4. Is the development between the first public road and the sea (including lagoons, bays, and other bodies of water connected to the sea) O Yes £3 No If yes, is public access to the shoreline and along the coast currently available on the site or near the site? O Yes O No If yes, indicate the location and nature of the access, including the- distance from the project site, if applicable. 5. Does the development involve diking, filling, draining, dredging or placing structures in open coastal waters, wetlands, estuaries, or lakes? (Please check yes or no) a) diking b) filling c) dredging d) placement of structures n Yes O Yes O Yes J5 Yes (Sewer line nearby Encinas Creek per Coastal Permit 6-95-141) (Carlsbad EKNO |^NO n NO LJ NO Municipal Water District) Amount of maten'al to be dredged or filled (indicate which) cu. yds. Location of dredged maten'al disposal site — Has a U.S. Army Corps of Engineers'permit been applied for? O Yes SJ No 6. Will the development extend onto or adjoin any beach, tidelands, submerged lands or public trust lands? .sewer--does..np.t..cr.Qsg.>W3Jtsjcs..«f..lJ*S- O Yes gc No For projects on State-owned lands, additional information may be required as set forth in Section IV, paragraph 10. 7. Will the development protect existing lower-cost visitor and recreational facilities? .N/A O Yes O No Will the development provide public or private recreational opportunities? o Yes y$ No lfyesf explain^ 8. Will the proposed development convert land currently or previously used for agriculture to another use? £K Yes O No If yes, how many acres will be converted? 15 Acres 9. Is the proposed development in or near a. Sensitive habitat areas (Biological survey may be required) EK Yes O No b. Areas of state or federally listed rare, threatened, or endangered species... £k Yes D No C. 100-year flOOdplain(Hydrologic mapping may be required) O Yes Sk No d. Park or recreation area Sk Yes O No 10. Is the proposed development visible from: a. State Highway 1 or other scenic route O Yes X3 No b. Park, beach, or recreation area O Yes jgjj No c. Harbor area O Yes £J No 11. Does the site contain any: (If yes to any of the following, please explain on an attached sheet.) a. Historic resources O Yes 30 No t>. Archaeological resources O Yes ":"O No c. Paleontological resources Six Yes O No 12. Where a stream or spring is to be diverted, provide the following information: Estimated streamflow or spring yield (gpm) N/A If well is to be used, existing yield (gpm) N/A If water source is on adjacent property, attach Division of Water Rights approval and property owner's approval. SECTION IV. REQUIRED ATTACHMENTS The following items must be submitted with this form as part of the application. 1. Proof of the applicant's legal interest in the property. A copy of any of the following will be acceptable: current tax bill, recorded deed, lease, easement, or current policy of title insurance. Preliminary title reports will not be accepted for this purpose. Documentation reflecting intent to purchase such as a signed Offer to Purchase along with a receipt of deposit or signed final escrow document is also acceptable, but in such a case, issuance of the permit may be contingent on submission of evidence satisfactory to the Executive Director that the sale has been completed. The identity of all persons or entities which have an ownership interest in the property superior to that of the applicant must be provided. 2. Assessor's parcel map(s) showing the page number, the applicant's property, and all other properties within 100 feet (excluding roads) of the property lines of the project site. (Available from the County Assessor.) 3. Copies of required local approvals for the proposed project, including zoning variances, use permits, etc., as noted on Local Agency Review Form, Appendix B. Appendix B must be completed and signed by the local government in whose jurisdiction the project site is located. 4. Stamped envelopes addressed to each property owner and occupant of property situated within 100 feet of the property lines of the project site (excluding roads), along with a list containing the names, addresses and assessor's parcel numbers of same. The envelopes must be plain (i.e., no return address), and regular business size (9 1/2" x 41/8"). Include first class postage on each one. Metered postage is not acceptable. Use Appendix C, attached, for the listing of names and addresses. (Alternate notice provisions may be employed at the discretion of the District Director under extraordinary circumstances.) 5. Stamped, addressed envelopes (no metered postage, please) and a list of names and addresses of all other parties known to the applicant to be interested in the proposed development (such as persons expressing interest at a local government hearing, etc.). 6. A vicinity or location map (copy of Thomas Bros, or other road map or USGS quad map) with the project site dearly marked. 7. Copy(s) of project plans, drawn to scale, including site plans, floor plans, elevations, grading and drainage plans, landscape plans, and septic system plans. Trees to be removed must be marked on the site plan. -••"• • - in addition, a reduced site plan, 8 1/2" x 11" in size* must be submitted. Reduced copies of complete project plans will be required for large projects. NOTE: See Instruction page for number of sets of plans required. 8. Where septic systems are proposed, evidence of County approval or Regional Water Quality Control Board approval. Where water wells are proposed, evidence of County review and approval. 9. A copy of any Draft or Rnal Negative Declaration, Environmental Impact Report (EIR) or Environmental Impact Statement (EIS) prepared for the project. If available, comments of all reviewing agencies and responses to comments must be included. 10. Verification of all other permits, permissions or approvals applied for or granted by public agencies (e.g., Department of Fish and Game, State Lands Commission, U.S. Army Corps of Engineers, U.S. Coast Guard). For projects such as seawalls located on or near state tidelands or public trust lands, the Coastal Commission must have a written determination from the State Lands Commission whether the project would encroach onto such lands and, if so, whether the State Lands Commission has approved such encroachment. See memo to "Applicants for shorefront developmenf dated December 13,1993. 11. For development on a bluff face, bluff top, or in any area of high geologic risk, a comprehensive, site- specific geology and soils report (including maps) prepared in accordance with the Coastal Commission's Interpretive Guidelines. Copies of the guidelines are available from the District Office. SECTION V. NOTICE TO APPLICANTS Under certain circumstances, additional material may be required prior to issuance of a coastal development permit. For example, where offers of access or open space dedication are required, preliminary title reports, land surveys, legal descriptions, subordination agreements, and other outside agreements will be required prior to issuance of the permit. In addition, the Commission may adopt or amend regulations affecting the issuance of coastal development permits. If you would like notice of such proposals during the pendency of this application, if such proposals are reasonably related to this application, indicate that desire X3 Yes O No SECTION VI. COMMUNICATION WITH COMMISSIONERS Decisions of the Coastal Commission must be made on the basis of information available to all commissioners and the public. Therefore, permit applicants and interested parties and their representatives are advised not to discuss with commissioners any matters relating to a permit outside the public hearing. Such contacts may jeopardize the fairness of the hearing and result in invalidation of the Commission's decision by court. Any written material sent to a commissioner should also be sent to the commission office for inclusion in the public record and distribution to other Commissioners. SECTION VII. CERTIFICATION 1. I hereby certify that I, or my authorized representative, have completed and posted or will post the Notice of Pending Permit card in a conspicuous place on the property within three days of submitting the application to the Commission office. 2. I hereby certify that I have read this completed application and that, to the best of my knowledge, the information in this application and ail attached appendices and exhibits is complete and correct. I understand that the failure to provide any requested information or any misstatements submitted in support of the application shall be grounds for either refusing to accept this application, for denying the permit, for suspending or revoking a permit issued on the basis of such misrepresentations, or for seeking of such further relief as may seem proper to the Commission. 3. I hereby authorize representatives of the California Coastal Commission to conduct site inspections on my property. Unless arranged otherwise, these site inspections shall take place between the hours of 8:00 A.M. and 5:00 P.M. Signature of Authorized Agent(s) or if risragent, signature of Applicant NOTE: IF SIGNED ABOVE BY AGENT, APPLICANT MUST SIGN BELOW. SECTION VIII. AUTHORIZATION OF AGENT I hereby authorize Robert c. Ladwig/LADWic DESIGN GROUP, INC. jo act as my representative and to bind me in all matters concerning this application. lit. Signature of Asplicant(s) (Only the applicant(s) may sign here to authorize an agent) 8 APPLICATION FOR COASTAL DEVELOPMENT PERMIT APPENDIX A DECLARATION OF CAMPAIGN CONTRIBUTIONS Government Code Section 84308 prohibits any Commissioner from voting on a project if he or she has received campaign contributions in excess of $250 within the past year from project proponents or opponents, their agents, employees or family, or any person with a financial interest in the project. In the event of such contributions, a Commissioner must disqualify himself or herself from voting on the project. Each applicant must declare below whether any such contributions have been made to any of the listed Commissioners or Alternates (see last page). CHECK ONE The applicants, their agents, employees, family and/or any person with a financial interest in the project have not contributed over $250 to any Commissioner(s) or Alternate(s) within the past year. The applicants, their agents, employees, family, and/or any person with a financial interest in the project have contributed over $250 to the Commissioner(s) or Altemate(s) listed below within the past year. Commissioner or Alternate Commissioner or Alternate Commissioner or Alternate Signature of Applicant or Authorized Agent I 2, Date Please print your name christa McReynoids APPLICATION FOR COASTAL DEVELOPMENT PERMIT APPENDIX B LOCAL AGENCY REVIEW FORM SECTION A (TO BE COMPLETED BY APPLICANT) Applicant Christa M. McReynolds Project Description MAR VISTA - A single family R-l-7500 so. ft. minimum s 1 - 19 Ac. open-space lot - 49 SFD lots with potential for « second I ni~3tinn dwelling units. LOCailOH South nf Pp1m^r Airport Rnaj - Kast- nf Pagpn rlel N^rte - Zone 20 Cify . ' . • of Carlsbad. Assessor's Parcel Number 211-040-14 SECTION B (TO BE COMPLETED BY LOCAL PLANNING OR BUILDING INSPECTION DEPARTMENT) Zoning Designation R.-l" ~?5~<5o - (^ du/ac General or Community Plan Designation fi^s^icA*^ J V^^J'i u»v> Local Discretionary Approvals G Proposed development meets ail zoning requirements and needs no local permits other than building permits. 121 Proposed development needs local discretionary approvals noted below. Needed Received O o Design/Architectural review O O Variance for i» pa Rezonefrom P10 IS Tentative Subdivision/Parcel Map No. cr o Grading/Land Development Permit No. 31 g| Planned Residential/Commercial Development Approval 8. 0 Site Plan Review ^>Pf ?f-/o O o Condominium Conversion Permit O O Conditional, Special, or Major Use Permit No. IS 8 Other \h(Vlcj^ p^v. F^r^f - tfpp CEQA Status O Categorically Exempt C/ass Item Negative Declaration Granted (Date) Oc^Vr 3 ^ l?7s~ Environmental Impact Report Required, Final Report Certified (Date) FT>-vJ £TPv ?o-Q3 Other by. Title 10 Application No... APPLICATION FOR COASTAL DEVELOPMENT PERMIT APPENDIX C LIST OF PROPERTY OWNERS AND OCCUPANTS WITHIN 100 FEET AND THEIR ADDRESSES (MAKE ADDITIONAL COPIES OF THIS SHEET AS NECESSARY) 231-040-30 AND 31 THE PRICE COMPANY POST OFFICE BOX 97077 KIRKLAND WA 98083 211-040-30 AND 31 THE PRICE COMPANY 951 PALOMAR AIRPORT ROAD CARLSBAD CA 92009 211-040-33 CARLBUS ASSOCIATES LP 5600 AVENIDA ENCINAS #100 CARLSBAD CA 92008 211-071-02 MULTI FAMILY ASSOCIATES 3255 WEST MARCH LANE STOCKTON CA 95219 211-071-08 THRU 10 MULTI FAMILY ASSOCIATES 2291 WEST MARCH LANE //200A STOCKTON CA 95207 212-040-32, 36 MSP CALIFORNIA LLC 650 SOUTH CHERRY STREET SUITE 435 DENVER'CO 80222 212-040-35 RICHARD & ROBERT KELLY 2770 SUNNY CREEK- ROAD CARLSBAD CA 92008 214-140-13 AND 39 CITY OF CARLSBAD 2075 LAS PALMAS DRIVE CARLSBAD CA 92009 214-300-09 CITY OF CARLSBAD 2075 LAS PALMAS DRIVE CARLSBAD CA 92009 211-071-02 MULTI FAMILY ASSOCIATES 940 MARINER STREET CARLSBAD CA 92009 11 APPENDIX D DECLARATION OF POSTING Prior to or at the time the application is submitted for filing, the applicant must post, at a conspicuous place, easily read by the public and as close as possible to the site of the proposed development, notice that an application for the proposed development has been submitted to the Commission. Such notice shall contain a general description of the nature of the proposed development. The Commission furnishes the applicant with a standardized form to be used for such posting. If the applicant fails to post the completed notice form and sign the Declaration of Posting, the Executive Director of the Commission shall refuse to file the application, or shall withdraw the application from filing if it has already been filed when he or she ieams of such failure. 14 Cal. Admin. Code Section 13054(b). Please sign and date this Declaration of Po_sting form when the site is posted; it serves as proof of posting. It should be returned to our office with the application. Pursuant to the requirements of California Administrative Code Section 13054(b), I hereby certify that on March 19, 1996 | or my authorized representative posted the Notice (dale of posting) of Pending Permit for application to obtain a coastal development permit for the development of MAR VISTA - 1 open-space lot - 49 single family lots - With alternative for 8 second dwelling units. (description of development) Located at Zone 20 - South of Palomar Airport Road - East of Paseo del Norte - City of .Carlsbad, CA - 211-040-14 (aadress of development or assessor's parcel number) The public notice was posted at the south east corner of the property (a conspicuous place, easily seen Dy the puoiic and as close as possmle to the site of the proposed development) (signature) / March 19. 1996 (date) NOTE: Your application cannot be processed until this Declaration of Posting is signed and returned to this office. FOR OFFICE USE ONLY PERMIT NUMBER RECEIVED DECLARATION COMPLETE 12