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HomeMy WebLinkAboutCT 95-05; Emerald Ridge East; Tentative Map (CT) (4)March 17, 1997 TO: FROM: Bobbie Hoder Planning Department - Graphics Traffic Engineer Raenette Abbey, Building Department Steve Ruggles, Station #6 Fire Department Greg Clavier, Community Services Pat Zavala, Police Department Karl von Schlieder - GIS Planning Director STREET NAMES FOR CT 95-05 - EMERALD RIDGE EAST The following street names have been approved as a part of the final map processing for Emerald Ridge East (CT 95-05). A map delineating street locations is attached. The following are Public Streets: Topmast Drive Ebb Tide Street Bowsprit Way Spar Court Wind Star Way Saltaire Way Attachment H:\Admin\Streets4 Emerald Ridge East Fire Hydrant Locations CT 9S-OS Legend § Fire Hydrants Project Boundary HUNSAKER ^ASSOCIATES SAN DIEGO, INC. PLANNING ENGINEERING SURVEY**, 400 N W *R«i E S 400 Feet Path M \GIS\1108\18\fireh.apr Layout: Fire Hydrant Locations Exhibit Print File cVa'e '- ARnr- c,70 n r v 1 « Pi^.n iic T;- Iciclwig Design Group, Inc. February 24, 1997 Ms. Deborah Bove California Coastal Commission Legal Division 45 Fremont Street, Suite 2000 San Francisco, CA 94105-2219 SUBJECT: EMERALD RIDGE EAST - 6-96-119 (LADWIG DESIGN GROUP, INC. - J/N L-1033) Dear Deborah: I received your phone message yesterday about your concern for discrepancies in the conditions for the open space deed restrictions that allow for the trail but not the grading or drainage easements. To help clarify the above, I am sending along 100' scale copies of portions of the tentative map and site development plan that were approved by the Commission as part of this permit. Lot 61 has always included the trail but has also included grading adjacent to Lots 7 and 8 and the Hidden Valley Road grading which was approved as part of the Sambi proj ect (6-94-131). The drainage and utility easements were also anticipated as part of the subdivision process at the north edge of Lot 61 and adjacent to Lot 7. Lot 63 is a graded slope and designated as open space. Lot 62 has also not changed from the original Coastal and City approvals. Hidden Valley Road slopes from earlier grading exist along the west edge of lot 62. The proposed drainage easement is a City requirement and ties into the existing drain under Hidden Valley Road. The other easements date as far back as 1920, 1949, and 1961. I hope the above clarifies what was proposed and what was approved on October 9, 1996 by Coastal with the original application. 703 Pcilomar flirport Road + Suite 300 + Carlsbad, California 92009 (619)438-3182 FflX (619) 438-0173 Ms. Deborah Bove February 24, 1997 Page 2 I plan to submit for final permit request today to Laurinda Owens in the San Diego office. Please call me on February 25,1997 when you return to your office for any questions you may have. Thank you for your help! Sincerely, Ladwig Design Group, Inc. Robert C. Ladwig RCL:klb.048 Enclosure cc: Ms. Laurinda Owens, California Coastal Commission, San Diego Coastal Area Mr. Gary Engle, Monarch Communities of CA Ms. Anne Hysong, City of Carlsbad 703 Palomar flirport Road 4> Suite 300 4- Carlsbad, California 92009 (619)438-3182 FflX (619) 438-0173 •\\\ *\\\\ / ™ fefe City of Carlsbad Planning Department February 20, 1997 Ladwig Design Group, Inc. 703 Palomar Airport Road, Suite 300 Carlsbad, CA 92009 SUBJECT: CT 95-05 - EMERALD RIDGE EAST Dear Bob: Staff has reviewed the proposed "Notices" and Avigation Easement submitted as part of the Final Map processing for the subject project as to correctness of form. The direction given by the City Attorney's office is that all of the Notices should be combined on the attached "multi-notice" form including the notices for "future park site", "future school site", and "proximity to agricultural lands" as well as the "PAR Transportation Corridor", and "Aircraft Environmental Impacts". Paragraphs 4, 5, and 6 proposed as part of the "PAR Transportation Corridor" and "Aircraft Environmental Impacts" which differ somewhat from the standard form, are acceptable to the City Attorney's office. According to the City Attorney's office, the proposed changes to and omissions from the City's Avigation Easement form are unacceptable. Please submit the City's approved Avigation Easement without revision for further processing. Sincerely, ANNE HYSONG Associate Planner AH:bk 2075 Las Palmas Dr. • Carlsbad, CA 92OO9-1576 • (619) 438-1161 • FAX (619) 438-O894 City of Carlsbad Planning Department February 20, 1997 Ladwig Design Group, Inc. 703 Palomar Airport Road, Suite 300 Carlsbad, CA 92009 SUBJECT: CT 95-O3-- EMERALD RIDGE-WEST- Dear Bob: Staff has reviewed the proposed "Notices" and Avigation Easement submitted as part of the Final Map processing for the subject project as to correctness of form. The direction given by the City Attorney's office is that all of the Notices should be combined on the attached "multi-notice" form including the notices for "future park site", "future school site", and "proximity to agricultural lands" as well as the "PAR Transportation Corridor", and "Aircraft Environmental Impacts". Paragraphs 4, 5, and 6 proposed as part of the "PAR Transportation Corridor" and "Aircraft Environmental Impacts" which differ somewhat from the standard form, are acceptable to the City Attorney's office. According to the City Attorney's office, the proposed changes to and omissions from the City's Avigation Easement form are unacceptable. Please submit the City's approved Avigation Easement without revision for further processing. Sincerely, ANNE HYSON Associate Planner AH:bk 2O75 Las Palmas Dr. • Carlsbad, CA 92OO9-1 576 • (619) 438-1161 • FAX (619) 438-O894 locluiig Design Group, Inc. February?, 1997 /•:• -1987 Mr. Bob Wojcik City of Carlsbad Principal Engineer "<~~-——"-• 2075 Las Palmas Drive Carlsbad, CA 92009-1576 SUBJECT: REQUEST FOR ADVANCE GRADING PERMIT FOR EMERALD RIDGE EAST (CT 95-05), PER ENGINEERING DEPARTMENT POLICY NO. 16 (LADWIG DESIGN GROUP, INC. - J/N - L-1033) Dear Bob: We, hereby, request an advance grading permit for Emerald Ridge East based on the following: 1. According to the Design Engineer (Mike Rollett with Hunsaker & Associates) the final plans are completed and ready for signature and the final estimates have been approved. 2. The owner is prepared to sign all agreements and pay all fees when presented by the City. 3. The current Coastal Conditions restrict grading from February 15 through July 31 because of potential noise impacts on sensitive bird species. We have applied for a 60-day extension of time past February 15 with additional noise mitigation measures and the Coastal Staff has issued a "Notice of Proposed Amendment" which will become final next week. I have attached copies of the "Notice" plus backup for the request. 4. The grading for this project is balanced on site. 5. There are no major drainage courses that will be interrupted by the grading. 6. Downstream drainage systems are in place. 7. There will be no interruption of any public roadways or utilities systems. 8. All environmental clearances have been obtained. Acquisition has been completed of offsite habitat for onsite impacts. 9. The applicant agrees to financially assist the Parks Department for the lighting system for new basketball courts to be constructed in nearby Poinsettia Park. Monarch Communities of California will contributed between $5,000 and $10,000 maximum towards the lighting system construction. Note: Mark Steyaert of the Parks Department estimates the cost to be in this range. As a suggestion, Monarch Communities of California will reimburse the City based on invoices. 703 Palomar Rirport Road + Suite 300 * Carlsbad, California 92009 (619) 438-3182 FflX (619) 438-0173 Mr. Bob Wojcik February 7, 1997 Page 2 Based on the above, we request City approval to obtain an advance grading permit for Emerald Ridge East. Because we need to obtain our final permit from Coastal, we also request signed grading plans as soon as possible for our Coastal submittal. Thank you for your consideration. I would be happy to answer any questions. Sincerely, LAD WIG DESIGN GROUP, INC. Robert C. Ladwig RCL:klb.045 Attachments cc: With Attachments Ms. Anne Hysong, City of Carlsbad Mr. Mike Shirey, City of Carlsbad Parks Department Mr. Mark Steyaert, City of Carlsbad Parks Department Mr. Gary Engle, Monarch Communities of CA Mr. Mike Rollett, Hunsaker & Associates 703 Polomar flirport Road 4 Suite 300 *• Carlsbad, California 92009 (619) 438-3182 FRX (619) 438-0173 %STATE OF CALIFORNIA— THE RESOURCES AGENCY _ PETE WILSON, Governor CALIFORNIA COASTAL COMMISSION SAN DIEGO COAST AREA 311! CAMINO DEL RIO NORTH, SUITE 200 SAN DIEGO. CA 92108-1725 (619) 521-8036 NOTICE OF PROPOSED PERMIT AMENDMENT RECEIVED TO: All Interested Parties rrn n 5 1007 FROM: Peter Douglas, Executive Director . .«,,,« nepinu PDLAuWI u Ubb 1 UN UK DATE: February 4, 1997 SUBJECT: Permit No. 6-96-11 9-A granted to MSP California. LLC _ for subdivision of a 27.4 acre site into 60 residential lots (Emerald Ridge East) and three open-space lots totaling 7.89 acre*;: project includes 176.70,0 cy. of grading, construction of local public roadways, sidewalks, curbs. gutters and drainage facilities, and a public trail within open space lot #61. Residential construction is not included in this permit. at South of Palomar Airport Road, east of Hidden Vallev Road, and north of Camino de las Ondas. Carlsbad. San Diego County. APNs 212-040-32 & -36. _ The Executive Director of the California Coastal Commission has reviewed a proposed amendment to the above referenced permit, which would result in the fol lowing change(s): Extension of the permitted grading period (August 1 to February 15th) an additional 60 days (approx.) past February 15th with the addition of noise mitigation measures to avoid impacts to sensitive bird species in the surrounding area. Those measures include: 1) having a biological monitor g_n-site to periodically monitor gnatcatcher behavior within the adjacent sage i-Crub: 2) place an earthen berm along the southern boundaries of lots 26 and 16-51: and. 3) locate staging areas near the center of the site, close to the .entrance of the development from Hidden Valley Road. All vehicles and all equipment not in use will be parked in the staging areas during the duration of the grading period and construction of the project. Mufflers on all .equipment will be periodically checked to ensure they are working properly. This amendment is considered to be IMMATERIAL and the permit will be modified accordingly if no written objections are received within ten working days of the date of this notice. This amendment has been considered "immaterial" for the following reason(s): AJ1 noise mitigation measures have been approved bv the U.S. Fish and Wildlife Service to assure that no noise impacts will occur to the sensitive bird iflecies which have been identified to use the nearby areas. With implementation of the above measures, no adverse impacts to sensitive bird inecies are anticiated to occur as a result of the extension of the rading If you have any questions about the proposal or wish to register an objection, please contact Laurinda R. Owens at the District Commission office. (6369N) ri-av HKI 4:43 rM u.^isA 431 soio r. L United States Department of the Interior FISH AND WILDLIFE SERVICE Ecological Services Carlsbad Field Office 2730 Loker Avenue West Carlsbad. California 92008 January 31, 1997 Mr. Bob Ladwig Ladwig Design Group, Inc. 703 Palomar Airport Road, Suite 300 Carlsbad, California 92009 Re: Emerald Ridge East Tentative Map, Carlsbad, California Dear Mr. Ladwig: The U.S. Fish and Wildlife Service (Service) issued a 4(d) concurrence letter to you dated March 6, 1996 regarding the Emerald Ridge East and West Tentative Maps exclusive of Hidden Valley Road. The letter specified that grading and construction of the proposed Emerald Ridge East and West housing development projects occur during the nonbreeding season of the coastal California gnatcatcher (Polioptila californica californica) between February 15 and August 1. Subsequently, on January 14, 1997 we received a letter from Lisa Embree of Brian F. Mooney Associates requesting permission to grade Emerald Ridge East during the breeding season including ways to minimize impacts to the gnatcatcher. 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 comer of the proposed project site in July 1995. Proposed impacts on Emerald Ridge East include the loss of .5 acre of low quality coastal sage scrub in isolated patches not occupied by the gnatcatcher and the loss of .14 of .97 acre of mid to high quality coastal sage scrub occupied by the gnatcatcher. It is the Service's understanding that the .19 acres of coastal sage scrub proposed to be impacted on Emerald Ridge East will be grubbed prior to February 15, 1997. The concern related to grading the site after February 15 is related primarily to the affect of noise on gnatcatchers that occur in proposed conservation areas in and adjacent to the southeastern corner of the property. The area of coastal sage scrub to be impacted by noise is small and the Service concurs to amending our 4(d) concurrence letter dated March 6, 1996 to allow for grading of Emerald Ridge East after February 15 If: 1) the .19 acres of coastal sage scrub proposed to be impacted are grubbed before February 15; and 2) grading of the site proceeds with implementation of measures 2 through 4 as outlined in Lisa Embree's letter dated January 14, 1997. Implementation of measure #1 may prolong the number of days it takes to complete the grading and may extend the amount of time that gnatcatchers are exposed to construction noise. \ RECEIVED JAN 3 1 1997 LADWIG DESIGN GR i-av fAA ftu. Ai 3 -iJl 3010 Mr. Ladwig If you have any questions regarding this letter please call Ken Corey at (619) 431-9440. Sincerely, il C. Field Office Supervisor 31". '97. '04J47PM7WILSON ENGINEERING FAX NO, 619 431 9618 P.2 P. United States Department of the Interior FISH AND WILDLIFE SERVICE Ecological Services Carlsbad Field Office 2730 Loksr Avenue Went Carlsbad, California 92008 January 31.1997 Mr. Bob Ladwig Ladwig Design Group, Inc. 703 Palomar Airport Road, Suite 300 Carlsbad, California 92009 Re: Emerald Ridge East Tentative Map, Carlsbad, California Dear Mr. Ladwig: The U.S. Fish and Wildlife Service (Service) issued a 4(d) concurrence letter to you dated March 6,1996 regarding the Emerald Ridge East and West Tentative Maps exclusive of Hidden Valley Road. The letter specified that grading and construction of the proposed Emerald Ridge East and West housing development projects occur during the nonbreeding season of the coastal California gnatcatcher (Polioptila caltfornica californica) between February 15 and August 1. Subsequently, on January 14,1997 we received a letter from Lisa Embree of Brian F. Mooney Associates requesting permission to grade Emerald Ridge East during the breeding season including ways to minimize impacts to the gnatcatcher. 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 acre of low quality coastal sage scrub in isolated patches not occupied by the gnatcatcher and the loss of .14 of .97 acre of mid to high quality coastal sage scrub occupied by the gnatcatcher. It is the Service's understanding that the .19 acres of coastal sage scrub proposed to be impacted on Emerald Ridge East will be grubbed prior to February 15,1997. The concern related to grading the site after February 15 is related primarily to the affect of noise on gnatcatchers that occur in proposed conservation areas in and adjacent to the southeastern corner of the property. The area of coastal sage scrub to be impacted by no amending our 4(d) concurrence letter dated March East after February 15 if: 1) the .19 acres of coastal grubbed before February 15; and 2) grading of the sj measures 2 through 4 as outlined in Lisa Embrec's Implementation of measure #1 may prolong the m and may extend the amount of time that gnatcatche so is small and the Service concurs to |, 1996 to allow for grading of Emerald Ridge ;e scrub proposed to be impacted are ite proceeds with implementation of jetter dated January 14,1997. of days it takes to complete the grading js are exposed to construction noise. RECEIVED JAN 3 1 1997 LADWIG DESIGN GR '.31 '97 _04M8PM N.ILSON ENGINEERING FAX HO. 619 431 9618 P.3 ¥• Mr. Ladwig If you have any questions regarding this letter please call Ken Corey at (619) 431-9440. Sincerely, Field Office Supervisor 04:48PM WILSON ENGINEERING P-4 Environmental Studies Resource Management Community Planning Landscape Architecture January 14, 1997 Ken Corey U.S. Fish and Wildlife Service Carlsbad Field Office j^N | 7 2730 Loker Avenue West Carlsbad, CA 92008 J.AQW! B 0£S IGN OR Subject; Emerald Ridge East Tentative Map Dear Mr, Corey: This letter has been prepared on behalf of Mr, Gary Engle of Monarch Communities of California and is in regards to the Emerald Ridge East Tentative Map project. It references a letter from your office dated March 6, 1996 addressed to Mr. Bob Ladwig of Ladwig Design Group, that discusses both the Emerald Ridge East and West Tentative Map projects. Page 2 of the Service's letter states that the Service recommends grading and construction of each of the projects occur during the nonbreeding season of the California gnatcatcher (between August 1 and February 15). In addition, the letter recommends that grading and construction noise should be minimized to reduce disturbance to the gnatcatcher. In all likelihood, grading permits for Emerald Ridge East will not be issued by the City of Carlsbad until after February 15. To ensure the on-site sage scrub is cleared prior to February 15, Mr, Engle has agreed to have the sage scrub habitat hand cleared. During a phone conversation you had with me last week, you said this would be agreeable with the Service. However, noise due to grading as well as construction of the project will occur beyond the February 15th deadline. Although existing noise levels for the project site are high (varying between 55 CNEL at the southern boundary to above 65 CNEL near the northern boundary) due to both traffic on Palomar Airport Road and the McClellan-Palomar Airport, the project proponent has considered several measures to minimize potential noise impacts to the gnatcatcher during grading and construction: 1) limit work that generates noise above 65 dBA in adjacent sage scrub until after 11 AM; 2) have a biological monitor on-site to periodically monitor gnatcatcher behavior within the adjacent sage scrub; 3) place an earthen berm, approximately four to five feet in height above the pad grade along the southern boundaries of lots 46 through 51. An earthen berm will also be constructed along the property boundaries near lot 26 where off-site sage scrub occurs. 9903 Businessperk Avenue, San Diego, California 92131-1120 Telephone; 619/576-8954 Fa* 619/578-0573 Mff»>iwip«»iMi<»npjMtiiMip>M«»ii*ii»iff*»n«»iiiai>ii>i«Mi«WitiiWdg^ SAN DIEGO. CALIFORNIA • PALM SPRINGS, CALIFORNIA 31 '97 04:49PM WILSON ENGINEERING Mr. Ken Corey January 14, 1997 Page 2 These berms will form noise barriers between sage scrub either in open space lots or off- site and the construction area. If construction near either of these berms is completed prior to August 1, the berm will be removed but only after 11 AM; and 4) locate staging area(s) near the center of the site, close to the entrance of the development from Hidden Valley Road. Vehicles and all equipment not in use will be parked in the staging area(s) during the duration of the grading and construction of the project. Mufflers on all equipment will be periodically checked to ensure they are working properly. Since the February 15th deadline is quickly nearing, we would appreciate you commenting on these proposed noise-reducing measures as expediently as possible. You can call me at (619) 578-8964 with comments and/or questions. Thank you for your time. Sincerely, —#% Lisa Embree Senior Biologist cc: Gary Engle, Monarch Communities of California Bob Ladwig, Ladwig Design Group, Inc. MONARCH COMMUNITIES OF CALIFORNIA 005983 DATE JAN15/97 INVOICE NUMBER 11597 DESCRIPTION 450 1816 0001 < T AMOUNT '8,100.00 n?-4/oitJ«)tiJ PARTICULARS ffttosWKUUi' I AMOUNT ,- ' 'AL NET AMOUNT 98,100.00 DETACH AND RE TAIN THIS STATEMENT THE AllACHfDLWCKlSINHAYMbNl OF lUMb UtSCRIBbD ABOVl If NDI COHHkCl PUASt NO1II-Y US PROMPUY NO RICtlPT DlSIRtD MONARCH COMMUNITIES OF CALIFORNIA 30012 IVY GLENN DR., STE. 270 LAGUNA NIGUEL, CALIFORNIA 92677 WELLS FARGO BANK MARINA HILLS OFFICE 30201 GOLDEN LANTERN LACUNA NIGUEL, CA 92677 16-24/1220(7)-932 NO.005981 05981 PAY NINETY EIGHT THOUSAND, ONE HUNDRED DOLLARS AND 00rm CENTS DATE JAN 24/97 AMOi&r***98,100.00 TO THE ORDER OF MEMO STATE COASTAL CONSERVANCY1330 BROADWAYSUITE 1100 OAKLAND. CA 94612 In' COMMU(1ITIE$ OF CALIFORNIA Uidwig Design Group, Inc. January 15, 1997 Mr. Gary Engle Monarch Communities of CA 30012 Ivy Glenn Drive, Suite 270 Laguna Niguel, CA 92677 SUBJECT: Dear Gary, AGRICULTURAL MITIGATION FEE (LADWIG DESIGN GROUP, INC. J/N L-1033) Anne Hysong has confirmed that Monarch can pay the $5,000 per acre fee to the State Coastal Conservancy along with entering into an agreement similar to what UDC did for Mar "Vista and Emerald Ridge West. Anne has also confirmed that payment will be required for the 25 percent to 40 percent slopes within the subdivision that are not part of any preserved open space. This will add over 4 acres that will require the mitigation payment. Also, you will recall that there have been some minor adjustments to Lots 61 and 62. A recap of all of the above and a calculation of the fee to be paid is as follows: Lot 61 - Lot 62 - Area A AreaB AreaC AreaD AreaE AreaF Was 5.33 Ac. - Was 1.72 Ac. - Now Now Was 0.26 Ac. - Was 4.56 Ac. - Now Now Area to Remain in Open Space = Gross Area Minus Area of Non-Prime Agricultural = Land to be Converted 5.36 Acres 1.76 Acres 0.20 Acres 0.05 Acres 0.45 Acres 0.43 Acres 0.22 Acres 0.00 Acres 8.47 Acres 28.09 Acres 8.47 Acres 19.62 Acres (The above is shown on the attached maps.) Fee Calculation 19.62 Acres x $5,000/Ac. = $98,100 703 Palomcir Rirport Road 4 Suite 300 + Carlsbad, California 92009 (619)438-3182 FRX (619) 438-0173 Mr. Gary Engle January 15, 1997 Page 2 Based on the above, please send a check to the State Coastal Conservancy in the amount of $98,100 and a note saying it is for the Agricultural Conversion Mitigation Fee for Emerald Ridge East (CT 95-05) in the City of Carlsbad, California. The Conservancy's address is 1330 Broadway^ Suite 1100, Oakland, California, 94612. For your information, their Federal Tax I.D. number is 94- 3164968. (I have attached a draft letter for you to attach to your payment to the Conservancy.) The Mitigation Fee Agreement requires that you deposit another $98,100 into an escrow account prior to the issuance of any building permits that the City may withdraw funds from, as spelled out in the agreement. We will need a receipt back from the Conservancy and all these items completed before the City will issue the grading permit or approve the final map. Please look everything over and call me if you have any questions. LAD WIG DESIGN GROUP Robert C. Ladwig RCL:klb.040 Attachments 703 Palomar Rirport Rood 4 Suite 300 4 Carlsbad, California 92009 (619)438-3182 FflX (619) 438-0173 Monarch Communities of California 30012 Ivy Glenn Drive, Suite 270 laguna Miguel, Cfl 92677 (714)363-7010 January 15,1997 State Coastal Conservancy 1330 Broadway, Suite 1100 Oakland, C A 94612 ATTENTION: ACCOUNTING DEPARTMENT SUBJECT: AGRICULTURAL CONVERSION MITIGATION FEE FOR EMERALD RIDGE EAST (CT 95-05) - CITY OF CARLSBAD, CA Attached is Monarch Communities of California's check No..in the amount of $98,100 for payment of the Agricultural Conversion Mitigation Fee for our project in Carlsbad-foiown as Emerald Ridge East (CT 95-05). Please accept our check and send us a receipt that we can pass on to the City of Carlsbad and call if you have any questions. Thank you. Sincerely, Monarch Communities of California cc: Ms. Anne Hysong, City of Carlsbad Mr. Robert C. Ladwig, Ladwig Design Group, Inc. L-1033 1/15/97 Brian R Mooney Associates ; Environmental Studies Resource Management Community Planning Landscape Architecture January 14, 1997 Ken Corey RECEIVEDU.S. Fish and Wildlife Service ncuci*cu Carlsbad Field Office 'AN i 7 1937 2730 Loker Avenue West Carlsbad, CA 92008 LADWIG DESIGN GR Subject: Emerald Ridge East Tentative Map Dear Mr. Corey: This letter has been prepared on behalf of Mr. Gary Engle of Monarch Communities of California and is in regards to the Emerald Ridge East Tentative Map project. It references a letter from your office dated March 6, 1996 addressed to Mr. Bob Ladwig of Ladwig Design Group, that discusses both the Emerald Ridge East and West Tentative Map projects. Page 2 of the Service's letter states that the Service recommends grading and construction of each of the projects occur during the nonbreeding season of the California gnatcatcher (between August 1 and February 15). In addition, the letter recommends that grading and construction noise should be minimized to reduce disturbance to the gnatcatcher. In all likelihood, grading permits for Emerald Ridge East will not be issued by the City of Carlsbad until after February 15. To ensure the on-site sage scrub is cleared prior to February 15, Mr. Engle has agreed to have the sage scrub habitat hand cleared. During a phone conversation you had with me last week, you said this would be agreeable with the Service. However, noise due to grading as well as construction of the project will occur beyond the February 15th deadline. Although existing noise levels for the project site are high (varying between 55 CNEL at the southern boundary to above 65 CNEL near the northern boundary) due to both traffic on Palomar Airport Road and the McClellan-Palomar Airport, the project proponent has considered several measures to minimize potential noise impacts to the gnatcatcher during grading and construction: 1) limit work that generates noise above 65 dBA in adjacent sage scrub until after 11 AM; 2) have a biological monitor on-site to periodically monitor gnatcatcher behavior within the adjacent sage scrub; 3) place an earthen berm, approximately four to five feet in height above the pad grade along the southern boundaries of lots 46 through 51. An earthen berm will also be constructed along the property boundaries near lot 26 where off-site sage scrub occurs. 9903 Businesspark Aver.ue. San Dieco California 92131-1120 Telepnone: 619, S/3-3964 .• ,x 619/578-0573 SAN DIEGO. CALIFORNIA • PALM SWINGS. CALIFORNIA Mr. Ken Corey January 14, 1997 Page 2 These berms will form noise barriers between sage scrub either in open space lots or off- site and the construction area. If construction near either of these berms is completed prior to August 1, the berm will be removed but only after 11 AM; and 4) locate staging area(s) near the center of the site, close to the entrance of the development from Hidden Valley Road. Vehicles and all equipment not in use will be parked in the staging area(s) during the duration of the grading and construction of the project. Mufflers on all equipment will be periodically checked to ensure they are working properly. Since the February 15th deadline is quickly nearing, we would appreciate you commenting on these proposed noise-reducing measures as expediently as possible. You can call me at (619) 578-8964 with comments and/or questions. Thank you for your time. Sincerely, Lisa Embree Senior Biologist cc: Gary Engle, Monarch Communities of California Bob Ladwig, Ladwig Design Group, Inc. JAN 13 '97 10:36AM UILSON ENGINEERING Uiouiig Design Grpup. Inc. Faxmittal P.I TO: U DATE: ///3/y7 TIME; PROJECT: ATTN:_ FAX#:JOB#: PHONED:FROM: TOTAL NO. OF SHEETS (INCLUDING THIS COVER SHEET):_ REMARKS: 703 Polomor flirport Road + Suit® 300 + Carlsbad, California 92009 (619) 438*3182 Fax (619) 438-0173 LDCPAX.001 Uiclwig Design Group, Inc. January 2, 1997 Ms. Anne Hysong City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009-1576 SUBJECT: SITE ASSESSMENT FOR PESTICIDE CONTAMINATED SOIL AT EMERALD RIDGE EAST (ct 95-05) CITY OF CARLSBAD (LADWIG DESIGN GROUP, INC. J/N L-1033) Dear Anne, Enclosed is a copy of a letter from the County of San Diego, Department of Environmental Health stating that they concur with GeoSoil's reports and findings that no mitigation is needed and that they concur with the assessment procedures for this subdivision. Attached also is a copy of the "Case Closure Summary" for your files. When the grading permit is ready to be issued, you will need this information to provide clearance. Please call if you have any questions. LADWIG DESIGN GROUP Robert C. Ladwig RCL:mcn.035 Attachments Copy with enclosures: Mike Shirey, City of Carlsbad, Engineering Dept. Gary Engle, Monarch Communitites Mike Rollett, Hunsaker & Associates 703 Palomar flirport Road + Suite 300 + Carlsbad, California 92009 (619)438-3182 FRX (619) 438-0173 Olrtutttg 0f DANIEL J. AVERA LARRY T' AKER D,RECTOR ASSISTANT 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 December 20, 1996 Robert C. Ladwig Ladwig Design Group 703 Palomar Airport Rd #300 Carlsbad, CA 92009 Dear Mr. Ladwig: CONCURRENCE WITH SITE ASSESSMENT FOR PESTICIDE-CONTAMINATED SOIL AT EMERALD RIDGE EAST, PALOMAR AIRPORT RD, CARLSBAD, CA 92009 H36433-001 The San Diego County Department of Environmental Health, Site Assessment and Mitigation Division, has reviewed the "Limited Phase II Pesticide Residue Survey Emerald Ridge-East..." prepared by Geosoils on October 9. 1996 and the addendum of December 5, 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 that no mitigation is needed. Attached is a Case Closure Summary which provides information on the results of the investigation. 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 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 RECEIVEDCP:ac Enclosure OEC 3 0 1996 cc: Jeff Gibson, City of Carlsbad Planning Dept . LADWIG DESIGN GR Marcus S. Palkowitsh, MSP California / Edward Lump, Geosoils " WP/EMRIDGEE . CLS "Prevention Comes First" I.AGENCY INFORMATION Case Closure Summary Non-LOP or Voluntary Assistance Program Date: December 13. 1996 Lead Agency:County ol P.O. Box San Diego DEH Staff Person: David San 85261 , CA Diego, Environmental Health, SAM 92186-5261 Felix Phone: (619)338-2222 Title: Hazardous Fax: Materials (619)338-2315 Specialist ILCASE INFORMATION Case No. H36433-001 Site Name: Emerald Ridge East 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? NA 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)Act ion (Treatment or Disposal w/Destinaticn)Date DEH:HM-9159 (Revised 9/10/96)1 of 2 Case Closure Summary Non-LOP or Voluntary Assistance Program III. SITE CHARACTERIZATION AND/OR INFORMATION (Continued) MAXIMUM DOCUMENTED CONTAMINANT CONCENTRATIONS -- BEFORE AND AFTER CLEANUP Contaminant Toxaphene Dieldrin Arochlor 1254 DDT+DDE+DDD Soil(ppm) Before 0.135 0.010 0.093 <0.002 After Water (ppm) Before After Contaminant Soil (ppm) Before After Water (ppm) Before After Comments: Conversion of agricultural land to residential. Highest levels of contamination were found at 6" below grade. Dieldren is found at three of four sample locations, toxaphene at one of four locations. 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 do not exceed the EPA - PRG values for residential soil (0.4 and 0.03 mg/kg). Consultant recommends no mitigation needed. 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? No Enforcement Action Taken: NA Enforcement Actions Rescinded: NA V.LOCAL AGENCY REPRESENTATIVE DATA Name: Chuck Pryatel .X" J Signature: /"^X^ ^— C^^X ^"""7 PT/ / Hydrogeologist Concurrence: r-Wn ^~~ Title: ChiefSite Assessment and Mitigation Date: 1 ,-)— ~~ 15 /6 Date: ^/H /9^ VI. RWQCB NOTIFICATION Date submitted to the RWQCB: RWQCB Staff: RWQCB Response date: II 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 fflrrtmtg nf 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 December 20, 1996 Robert C. Ladwig Ladwig Design Group 703 Palomar Airport Rd #300 Carlsbad, CA 92009 Dear Mr. Ladwig: CONCURRENCE WITH SITE ASSESSMENT FOR PESTICIDE-CONTAMINATED SOIL AT EMERALD RIDGE EAST, PALOMAR AIRPORT RD, CARLSBAD, CA 92009 H36433-001 The San Diego County Department of Environmental Health, Site Assessment and Mitigation Division, has reviewed the "Limited Phase II Pesticide Residue Survey Emerald Ridge-East..." prepared by Geosoils on October 9. 1996 and the addendum of December 5, 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 that no mitigation is needed. Attached is a Case Closure Summary which provides information on the results of the investigation. 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 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: x/Jeff Gibson, City of Carlsbad Planning Dept. Marcus S. Palkowitsh, MSP California Edward Lump, Geosoils WP/EMRIDGEE.CLS "Prevention Comes First" I.AGENCY INFORMATION Case Closure Summary Non-LOP or Voluntary Assistance Program Date: December 13, 1996 Lead Agency: DEH County of San Diego, Environmental Health, SAN 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 IL CASE INFORMATION Case No. H36433-001 Site Name: Emerald Ridge East 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 Airoort 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? NA 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 DEH:HM-9159 (Revised 9/10/96)1 of 2 TOn- Case Closure r-LOP or Voluntary Assistance Program III. SITE CHARACTERIZATION AND/OR INFORMATION (Continued) MAXIMUM DOCUMENTED CONTAMINANT CONCENTRATIONS -- BEFORE AND AFTER CLEANUP Contaminant Toxaphene Dieldrin Arochlor 1254 DDT+DDE+DDD Soil(ppm) Before 0.135 0.010 0.093 <0.002 After x Water (ppm) Before After Contaminant Soil (ppm) Before After Water (ppm) Before After Comments: Conversion of agricultural land to residential. Highest levels of contami nation were found at 6" below grade, Dieldrer. is found at three of four sample locations, toxaphene at one of four locations. 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 do not exceed the EPA - PRG values for residential soil (0.4 and 0.03 mg/kg). Consultant recommends no mitigation needed. 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? No Enforcement Action Taken: NA Enforcement Actions Rescinded: NA V.LOCAL AGENCY REPRESENTATIVE DATA Name: Chuck Pryatel x^^ ) Xl_ / . /^X Signature: /^/^^ L-X^"^! rV^ J Hydrogeo legist Concurrence: f~>>7n ^~~^^ Title: Chief Site Assessment and Mitigation Date: ) J~ — ( ^T 1 6 Date: I2/P A6 VI. RWQCB NOTIFICATION IDate submitted to the RWQCB: RWQCB Staff: RWQCB Response date: Title: VII. ADDITIONAL COMMENTS, DATA, ETC. 1 1 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 JflN 13 '97 10:36flM WILSON ENGINEERING P. 2 City of Carlsbad November 25, 1996 Robert Ladwig Ladwig Design Group, Inc. 703 Palomar Airport Road, Suite 300 Carlsbad, CA 92009 PAYMENT AND ESTABLISHMENT OF THE AGRICULTURAL CONVERSION MITIGATION FEE FOR MAR VISTA (CT 94-11) AND EMERALD RIDGE WEST (CT 95-03) The Planning Department has reviewed the proposed mitigation fee agreement and determined that to facilitate the approval and issuance of the grading permits for the two projects, the Planning Department will allow a fee of $5,000 per converted net acre, paid to the Coastal Conservancy and establishment of an escrow account per the agreement, to satisfy conditions of approval for the tentative maps, pending completion of a more detailed fee study. If you have any questions concerning this determination please contact me in the Planning Department at 438-1161, extension 4455. I hope this provides you with the necessary information to proceed with the project and I look forward to working with you on this matter in the future. City of Carlsbad Sincerely, JEFF GIBSON Associate Planner RECEIVED K'OV 2 6 1995 LADWIG DESIGN GR 2075 Las Palmas Dr. • Carlsbad. CA 92009-1576 • (619) 438-1161 • FAX (619) 438-0894 City of Carlsbad Planning Department November 20, 1996 Robert Ladwig Ladwig Design Group, Inc. 703 Palomar Airport Road, Suite 300 Carlsbad, CA 92009 SUBJECT: PAYMENT AND ESTABLISHMENT OF THE AGRICULTURAL CON- VERSION MITIGATION FEE FOR MAR VISTA (CT 94-11) AND EMERALD RIDGE WEST (CT 95-03) The Planning Department has reviewed your letter dated October 18, 1996, and the attached letter from CIC Research Inc, dated October 3, 1996, requesting to establish the Agricultural Conversion Mitigation Fee at $5,000 per net acre of agricultural land. Given the lack of specificity and necessary details in CIC Research Inc's fee recommendation, the Planing Department does not accept the fee recommendation until further documentation and study is completed. To facilitate the approval and issuance of the grading permits for the two projects, the Planning Department will allow a fee of $5,000 per converted net acre to temporarily satisfy conditions of approval for the tentative maps, pending completion of a more detailed fee study. Prior to the issuance of grading permits the Planning Department requires that the developer pay the minimum $5,000 per converted agricultural acre and enter into an agreement with the City that includes, at a minimum, the following provisions: The Developer shall deposit an additional $5,000 per net agricultural acre into an escrow account, pending the completion of the appropriate fee study. Upon determination of the amount of the conversion fee by the study and final approval by the City Council, if any additional funds are required they will be taken out of the escrow account by the City. Prior to issuance of the grading permits, the agreement shall be prepared and submitted to the Planning Department and City Attorney for approval. For the purposes of notifying potential future successors of interest in the property, the developer shall record on the property, the signed and notarized agreement between the developer-owner and the City of Carlsbad. 2O75 Las Palmas Dr. • Carlsbad, CA 92009-1576 • (619) 438-1161 • FAX (619) 438-0894 AGRICULTURAL CON^RsiON MITIGATION FEE November 20, 1996 Page 2 The purpose of the study is to establish the value of preserving an acre of prime agricultural land within the California Coastal Zone. Per the policy guidelines established in the Coastal Agricultural Overlay Zone of the Mello II Segment of the Local Coastal Program, the amount of the conversion fee shall reflect the per acre cost of preserving prime agricultural land, but the cost shall not be less than $5,000 nor more than $10,000 per net converted acre of agricultural land. The study shall be privately funded by the developer and be prepared by a qualified consultant, who is experienced in the valuation and appraisal of prime agricultural land within the California Coastal Zone. The study must be submitted to the Planning Department for review prior to review and approval by the City Council. The Planning Department has recently provided extensive input and direction to the Carltas Company who is proposing to prepare a detailed study to establish the Agricultural Conversion Mitigation Fee for the Carlsbad Ranch Specific Plan. The Carlsbad Ranch Specific Plan is also located in the Mello II Agricultural Overlay Zone, therefore, the potential findings of their proposed study would also be applicable to other properties located in the overlay zone that are required to pay the conversion fee. The City and Carltas have come to considerable agreement as to the methodology and content of a detailed fee study. To save time and avoid the duplication of efforts, the Planning Department recommends that all parties of interest coordinate their activities. For your information, a copy of the methodology for the proposed study is attached to this correspondence. If you have any questions concerning this determination please contact me in the Planning Department at 438-1161. I hope this provides you with the necessary information to proceed with the project and I look forward to working with you on this matter in the future. City of Carlsbad Sine 'WAYNE Assistant Planning Director GEW:JG:kr Attachment c: Jeff Gibson Anne Hysong Uiduiig Design Group, Inc. October 24, 1996 Ms. Anne Hysong City of Carlsbad Planning Department 2075 Las Palmas Drive Carlsbad, CA 92009-1576 SUBJECT: AGRICULTURAL CONVERSION ACREAGE - EMERALD RIDGE EAST (CT 95-05) (LADWIG DESIGN GROUP, INC. - J/N - L-1033) Dear Anne: On August 5, 1996, Jeff Gibson sent me a letter (copy attached) regarding determination of Net Impacted Agricultural Acreage for Mar Vista and Emerald Ridge West. In Jeffs letter, he defined the Planning Departments criteria to calculate "net impacted acreage". We agree with Items 1,3, 4, 5, and his statement in the final paragraph regarding land underneath Hidden Valley Road. In Paragraph 2, Jeff has stated that steep slopes that are developed cannot be excluded because they may be suitable for terrace farming. I disagree with that statement for the following reason: Coastal Agricultural Lands were identified in 1980 and Emerald Ridge East is within Site II as shown on Map X. "Net Impacted Agricultural land" for the purposes of calculating required mitigation acreage are shown on Map X [minus the acreage in steep slopes (25% or greater) and areas containing sensitive coastal resources that would preclude development in addition to any acreage under the control of a public entity for a public recreation or open space use.] (See attached copy of 21.202.020 - Definition section of Local Coastal Program Certification - ZCA-95-03.) Nowhere in the "act" do I see allowances for terrace farming on steep slopes. It is clear that Map X identifies the parcels and defines where Coastal Agricultural Lands are. It is also clear that the authors of the "act" provided further definition recognizing that all the land is not suitable for agriculture and offered precise language to define what areas were to be excluded from the definition of "Net Impacted Agricultural Land". 703 Palomar flirport Road + Suite 300 + Carlsbad, California 92009 (619) 438-3182 FfiX (619) 438-0173 Anne Hysong October 24, 1996 Page 2 I have followed Jeffs letter and shown Lots 61 and 62 along with Parcel A-E that are either open space lots or an open space easement and are agricultural lands exclusions totaling 8.44 acres. Within Parcel F (the balance of the subdivision) there are 4.56 acres of land that exceed 25 percent slope and should be excluded from impacted acreage. 8.44 acres + 4.56 acres = 13.00 and qualify for deduction from the Gross Acres of 28.09 leaving a net impacted area of 15.09 acres. Please review this letter and the attached exhibits and respond to me with your comments so we can satisfy Condition No. 36 of Planning Commission Resolution No. 3936. Thank you for your help. Sincerely, LAD WIG DESIGN GROUP, INC. Robert C. Ladwig RCL:klb.022 Attachments cc: Mr. Jeff Gibson, City of Carlsbad (With Attachments) Mr. Gary Engle, Monarch Communities of CA (With Attachments) 703 Pcilomar flirport Road 4 Suit© 300 + Carlsbad, California 92009 (619) 438-3182 FflX (619) 438-0173 ;STATE OF CALIFORNIA—THE RESOURCES AGE PETE WILSON, Governor CALIFORNIA COASTAL COMMISSION SAN DIEGO COAST AREA 3111 CAMINO DEL RIO NORTH, SUITE 200 SAN DIEGO, CA 92108-1725 (619) 521-8036 Date October 10. 1996 Application No. Page 1 of 4_ 6-96-119 NOTICE OF INTENT TO ISSUE PERMIT On October 9. 1996 the California Coastal Commission approved the MSP CA. LLC/Marcus Palkowitsh & David Bentlev subject toapplication of the attached standard and special conditions, for the development described below: Description:Subdivision of a 27.4 acre site into 5Q residential lots (Emerald Ridge East) and three open-space lots totaling 7.89 acres; project includes 176,700 cy. of grading, construction of local public roadways, sidewalks, curbs, gutters and drainage facilities, and a public trail within open space lot #61. Residential construction is not included in this permit. Lot Area Zoning Plan Designation 27.4 acres R-1-7500-Q Residential Medium (RM) (8 dua) Site:South of Palomar Airport Road, east of Hidden Valley Road, and north of Camino de las Ondas, Carlsbad, San Diego County. APNs 212-040-32 & -36 The permit will be held in the San Diego District Office of the Commission, pending fulfillment of Special Conditions 1.2.3.4.5. & 6 . When these conditions have been satisfied, the permit will be issued. CHARLES DAMM DISTRICT DIRECTOR BY RECEIVED OCT 2 2 19S6 LADWIG DESIGN GR NOTICE OF INTENT TO 4ft PERMIT NO. 6-96-119 Page 2 of 4 STANDARD CONDITIONS: 1. Notice of Receipt and Acknowledgement. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced, the permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Compliance. All development must occur in strict compliance with the proposal as set forth below. Any deviation from the approved plans must be reviewed and approved by the staff and may require Commission approval. 4. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. 5. Inspections. The Commission staff shall be allowed to inspect the site and the development during construction, subject to 24-hour advance notice. 6. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 7. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. SPECIAL CONDITIONS: The permit is subject to the following conditions: 1. Open Space Deed Restriction. Prior to the issuance of the coastal development permit, the applicants shall record a restriction against the subject property, free of all prior liens and encumbrances, except for tax liens, and binding on the permittees' successors in interest and any subsequent purchasers of any portion of the real property. The restriction shall prohibit any alteration of landforms, removal of vegetation or the erection of structures of any type. The open space lots include the area shown on the attached Exhibit "5", and are generally described as follows: Lots 61, 62 and 63 of the Tentative Map. An east/west linear public trail, as indicated on site development plan, east of Hidden Valley Road, may be a permitted use within the open space. , NOTICE OF INTENT TO I PERMIT NO. 6-96-119 Page 3 of 4 SPECIAL CONDITIONS, continued: The recording document shall include legal descriptions of both the applicants' entire parceKs) and the restricted area, and shall be in a form and content acceptable to the Executive Director. Evidence of recordation of such restriction shall be subject to the review and written approval of the Executive Director. 2. Grading and Erosion Control. Prior to the issuance of the coastal development permit, the applicant shall submit to the Executive Director for review and written approval, in consultation with the Department of Fish and Game, final grading plans approved by the City of Carlsbad. Grading activities shall be permitted between August 1 and February 15th subject to the following criteria: a. All temporary and permanent runoff and erosion control devices shall be developed and installed prior to or concurrent with any on-site grading activities. b. All areas disturbed, but not completed, during the dry season, including graded pads, shall be stabilized in advance of the rainy season. The use of temporary erosion control measures, such as berms, interceptor ditches, sandbagging, filtered inlets, debris basins, and silt traps shall be utilized in conjunction with plantings to minimize soil loss from the construction site. Said planting shall be accomplished under the supervision of a licensed landscape architect, shall provide adequate coverage within 90 days, and shall utilize vegetation of species compatible with surrounding native vegetation, subject to Executive Director approval. 3. Drainage/Runoff Control. Prior to the issuance of the coastal development permit, the applicant shall submit final drainage and runoff control plans, approved by the City of Carlsbad. Said plans shall be designed by a licensed engineer qualified in hydrology and hydraulics, and assure no increase in peak runoff rate from the developed site as a result of a ten-year frequency storm over a six-hour duration (10 year, 6 hour rainstorm). Runoff control shall be accomplished by such means as on-site detention/desilting basin(s). Energy dissipating measures at the terminus of outflow drains shall be constructed. The runoff control plan including supporting calculations shall be submitted to and determined adequate in writing by the Executive Director. 4. Construction Timing/Staging Areas/Access Corridors. Prior to the issuance of the coastal development permit, the applicant shall submit to the Executive Director for review and written approval, a final construction schedule, which shall be incorporated into construction bid documents. The schedule shall also include plans for the location of access corridors to the construction sites and staging areas. Access corridors and staging areas shall be located in a manner that has the least impact on coastal resources. No staging areas or access corridors shall be located within the t, • NOTICE OF INTENT TO IM PERMIT NO. 6-96-119 Page 4 of 4 SPECIAL CONDITIONS, continued: environmentally sensitive habitat areas located along the southern and northern portions of the project site or the two finger canyons approximately located in the middle of the site. 5. Agricultural Conversion. Prior to the issuance of the coastal development permit, the applicant shall submit to the Executive Director for review and written approval, evidence that payment of an agricultural mitigation fee for converting agricultural lands to urban uses has been received by the California Coastal Conservancy, consistent with the provisions of the Carlsbad Mello II LCP. 6. Brush Management Program. Prior to the issuance of the coastal development permit, the applicant shall submit for review and written approval of the Executive Director, a brush management program. The plan shall include a site plan showing a 60 foot distance beyond all proposed building pads on lots adjacent to areas of native vegetation, designating those areas subject to selective thinning and pruning. The plan shall indicate that clear-cut vegetation removal for brush management purposes shall not be permitted within required open space areas pursuant to Special Condition #1 and the two finger canyons to be preserved in a natural state pursuant to Special Condition #7. Any approved clearing shall be conducted entirely by manual means and shall be the absolute minimum for reduction of fire hazards. 7. Preservation of Other On-Site Native Habitat. No clearcutting of native habitat shall be permitted within the two finger canyons on-site which border Lots 27-30, 32-37 and 45, as shown in Exhibit No. 7, without further review and approval by the Coastal Commission or its successor in interest. 8. Future Development. This permit is for construction of residential building pads including grading, landscaping, construction of local public streets, sidewalks, curbs, gutters, and storm drains. Construction of residences on any of the proposed lots shall require review and approval by the Coastal Commission, or its successor in interest, under a separate coastal development permit or an amendment to this permit. Uicluiig Design Group, October 17, 1996 Ms. Anne Hysong City of Carlsbad Planning Department 2075 Las Palmas Drive Carlsbad, CA 92009-1576 SUBJECT: Dear Anne: EMERALD RIDGE EAST CT 95-05 (LADWIG DESIGN GROUP, INC. - J/N - L-1033) Attached is a copy of our paleontological resource walk over survey as required by the tentative map conditions of approval (PC Resolution No. 3936-Condition No. 29). In addition for your information, I am attaching a copy of the coastal permit conditions of approval that were approved last Wednesday, October 9th. Both of the above items are for your files. Hunsaker & Associates submitted for final engineering plan check yesterday. In addition, the architect is finalizing the foot prints so we can prepare the site development plan and hillside development permit amendments as required by the conditions of approval. If you have any questions about the attached or what is in this letter, please give me a call. Sincerely, LADWIG DESIGN GROUP, INC. Robert C. Ladwig RCL:baw.020 Attachments cc: Gary Engle, Monarch Communities of CA Mike Rollett, Hunsaker & Associates 703 Palomar flirport Road 4 Suite 300 + Carlsbad, California 92009 (619) 438-3182 FflX (619) 438-0173 San Diego Natural History Museum Balboa Park • San Diego Society of Natural History • Established 1874 14 October 1996 Mr. Robert C. Ladwig Ladwig Design Group, Inc. 703 Palomar Airport Road Suite 300 Carlsbad, CA 92009 RE: Paleontological Resources, Emerald Ridge East, Carlsbad, CA (CT 95-05) 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 (12 October 1996) by a walkover of the site. The site consists of low rolling hills and intervening gullies that have been subjected to decades of agricultural activity. Bedrock exposures are limited and occur in only a few places on the project site (e.g., a low roadcut at the southwestern corner of the site, gully slopes along the southern property line, and roadbed exposures in the dirt access road along the eastern property line). In addition, recent geotechnical testing (boreholes) along the eastern property line left bedrock samples in tailings piles. Based on the field walkover it appears that the project site is underlain by two geological rock units including from oldest to youngest white to brown coarse-grained silty sandstones and dark green blocky mudstone 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 at approximately elevation 150'in recent roadcuts along Hidden Valley Road. Concer ning paleontologiccal resources, no previous collecting localities were noted in museum records for the project site. However, during the field walkover fossils (fragmentary leaf impressions) were observed in tailings (Santiago Formation) from two of the geotechnical boreholes. In addition, six fossil-producing localities were discovered on the adjacent Sambi project site during the mass excavation portion of development of that site in 1996. Five of the Sambi fossil localities were collected from the Santiago Formation and one was collected from the Lindavista Formation. The Santiago , Formation has produced important remains of Eocene fossils from many other construction related excavations in the Carlsbad-Oceanside area (Demere and Walsh DCrc , OCT 1 6 1996 Post Office Box 1390 • San Diego, California 92112 • Telephone: 619-232-3821 • Fax: 619-232-jD$gy | Q g£C I g« go Printed on recycled paper 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 deerlike 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) are known from these deposits in the Carlsbad area. 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 impacts will occur when mass excavation activities cut into the sandstones of the Santiago Formation. The more limited paleontological resource value of the Lindavista Formation on the project site suggests that grading of this rock unit may also result in significant impacts. 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 carry 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 pre-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 part-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. 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. Demere, Ph.D. Department of Paleontological Services REFERENCES CITED Deme're, T.A. 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 M.A. thesis, University of California, Riverside, 135 p. 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 Filed: 49th Day: 180th Day: Staff: Staff Report: Hearing Date: September 9, 1996 October 28, 1996 March 8, 1997 LRO-SD September 12, 1996 October 8-11, 1996 STAFF REPORT:CONSENT CALENDAR Application No.: 6-96-119 Applicant: MSP California, LLC Marcus Palkowitsh & David Bentley Agent: Robert C. Ladwig Description: Site: Subdivision of a 27.4 acre site into 60 residential lots (Emerald Ridge East) and thres open-space lots totaling 7.89 acres; project includes 176,700 cy. of grading, construction of local public roadways, sidewalks, curbs, gutters and drainage facilities, and a public trail within open space lot #61. Residential construction is not included in this permit. Lot Area Zoning Plan Designation 27.4 acres R-1-7500-Q Residential Medium (RM) (8 dua) South of Palomar Airport Road, east of Hidden Valley Road, and north of Camino de las Ondas, Carlsbad, San Diego County. APNs 212-040-32 & -36 STAFF RECOMMENDATION: The staff recommends the Commission adopt the following resolution: I. Approval with Conditions. The Commission hereby grants a permit for the proposed development, subject to the conditions below, or, the grounds that the development, as conditioned, will be in conformity with the adopted Local Coastal Program, and will not have any significant adverse impacts on the environment within the meaning of the California Environmental Quality Act. II. Standard Conditions. See attached page. HI. Special Conditions. The permit is subject to the following conditions: RECEIVED LAOWIG DESIGN GR A 6-96-11 Page 2 1. Open Space Deed Restriction. Prior to the issuance of the coastal development permit, the applicants shall record a restriction against the subject property, free of all prior liens and encumbrances, except for tax liens, and binding on the permittees' successors in interest and any subsequent purchasers of any portion of the real property. The restriction shall prohibit any alteration of landforms, removal of vegetation or the erection of structures of any type. The open space lots include the area shown on the attached Exhibit "5", and are generally described as follows: Lots 61, 62 and 63 of the Tentative Map. An east/west linear public trail, as indicated on site development plan, east of Hidden Valley Road, may be a permitted use within the open space. The recording document shall include legal descriptions of both the applicants' entire parcel(s) and the restricted area, and shall be in a form and content acceptable to the Executive Director. Evidence of recordation of such restriction shall be subject to the review and written approval of the Executive Director. 2. Grading and Erosion Control. Prior to the issuance of the coastal development permit, the applicant shall submit to the Executive Director for review and written approval, in consultation with the Department of Fish and Game, final grading plans approved by the City of Carlsbad. Grading activities shall be permitted between August 1 and February 15th subject to the following criteria: a. All temporary and permanent runoff and erosion control devices shall be developed and installed prior to or concurrent with any on-site grading activities. b. All areas disturbed, but not completed, during the dry season, including graded pads, shall be stabilized in advance of the rainy season. The use of temporary erosion control measures, such as berms, interceptor ditches, sandbagging, filtered inlets, debris basins, and silt traps shall be utilized in conjunction with plantings to minimize soil loss from the construction site. Said planting shall be accomplished under the supervision of a licensed landscape architect, shall provide adequate coverage within 90 days, and shall utilize vegetation of species compatible with surrounding native vegetation, subject to Executive Director approval. 3. Drainage/Runoff Control. Prior to the issuance of the coastal development permit, the applicant shall submit final drainage and runoff control plans, approved by the City of Carlsbad. Said plans shall be designed by a licensed engineer qualified in hydrology and hydraulics, and assure no increase in peak runoff rate from the developed site as a result of a ten-year frequency storm over a six-hour duration (10 year, 6 hour rainstorm). Runoff control shall be accomplished by such means as on-site detention/desiIting basin(s). Energy dissipating measures at the terminus of outflow drains shall be constructed. The runoff control plan including supporting calculations shall be submitted to and determined adequate in writing by the Executive Director. 6-96-11941Page 3 4. Construction Timing/Staging Areas/Access Corridors. Prior to the issuance of the coastal development permit, the applicant shall submit to the Executive Director for review and written approval, a final construction schedule, which shall be incorporated into construction bid documents. The schedule shall also include plans for the location of access corridors to the construction sites and staging areas. Access corridors and staging areas shall be located in a manner that has the least impact on coastal resources. No staging areas or access corridors shall be located within the environmentally sensitive habitat areas located along the southern and northern portions of the project site or the two finger canyons approximately located in the middle of the site. 5. Agricultural Conversion. Prior to the issuance of the coastal development permit, the applicant shall submit to the Executive Director for review and written approval, evidence that payment of an agricultural mitigation fee for converting agricultural lands to urban uses has been received by the California Coastal Conservancy, consistent with the provisions of the Carlsbad Mello II LCP. 6. Brush Management Program. Prior to the issuance of the coastal development permit, the applicant shall submit for review and written approval of the Executive Director, a brush management program. The plan shall include a site plan showing a 60 foot distance beyond all proposed building pads on lots adjacent to areas of native vegetation, designating those areas subject to selective thinning and pruning. The plan shall indicate that clear-cut vegetation removal for brush management purposes shall not be permitted within required open space areas pursuant to Special Condition #1 and the two finger canyons to be preserved in a natural state pursuant to Special Condition #7. Any approved clearing shall be conducted entirely by manual means and shall be the absolute minimum for reduction of fire hazards. 7. Preservation of Other On-Site Native Habitat. No clearcutting of native habitat shall be permitted within the two finger canyons on-site which border Lots 27-30, 32-37 and 45, as shown in Exhibit No. 7, without further review and approval by the Coastal Commission or its successor in interest. 8. Future Development. This permit is for construction of residential building pads including grading, landscaping, construction of local public streets, sidewalks, curbs, gutters, and storm drains. Construction of residences on any of the proposed lots shall require review and approval by the Coastal Commission, or its successor in interest, under a separate coastal development permit or an amendment to this permit. IV. Findings and Declarations. The Commission finds and declares as follows: 1. Project Description. The applicant is proposing a tentative map to grade and subdivide a 27.4 acre site for a residential subdivision known as 6-96-1140 Page 4 Emerald Ridge East. The subdivision will include grading to create 60 residential lots, ranging in size from 7,630 sq.ft. to 23,916 sq.ft., and three open space lots totaling 7.89 acres (Lot 61 = 5.28 acres, Lot 62 = 1.78 acres and Lot 63 = .83 acres in size). The property is immediately east of, and adjacent to, the Emerald Ridge West subdivision for 61 residential lots which was approved by the Commission pursuant to CDP #6-96-53 in Guly, 1996. CDP# 6-96-53 resulted in the resubdivision of two legal parcels to create two separate development sites for the two subdivisions, which are divided by the Hidden Valley Road alignment. Grading associated with the subject tentative map will consist of 176,700 cy. of balanced cut and fill grading to construct building pads, internal roads, sidewalks, curbs and gutters, and drainage facilities. Residential construction on the building pads is not proposed with this permit application and will be subject to a future coastal development permit or an amendment to this permit. As part of the subject proposal, the applicant is requesting an extension of time to perform necessary grading to February 15th, with installation of appropriate erosion and runoff control devices. Generally, grading is prohibited during the rainy season between October 1st and April 1st of any year under the certified LCP. The subject property is a vacant site located south of Palomar Airport Road, east of Interstate-5, in an area of Carlsbad that has been used for agricultural purposes in the past. The subject site is located just east of Hidden Valley Road which was permitted pursuant to CDP #6-94-131/Toyohara and is presently underway. The surrounding neighborhood is largely undeveloped with vacant land to the north, west and south. Multi-family residential development exists to the east. Encinas Creek lies to the north of the site. Presently Poinsettia Community Park, which is southwest of the site, is under construction. 2. Sensitive Habitat Areas. Relevant policies which address protection of environmentally sensitive habitat areas include Policy 3-1 of the certified Mello II LCP, "Slopes and Preservation of Vegetation" which states: Certain areas of the Carlsbad coastal zone have very high habitat value. These areas are not suitable for farming. These areas exhibit a large number and diversity of both plant and animal species, several of which are threatened because of extensive conversion of mixed chaparral and coastal sage scrub habitats to urban or agricultural uses. Also, well-established and well-maintained vegetation is a major deterrent to soil erosion and attendant difficulties. Unless specifically addressed in other policies of this Land Use Plan, the vegetation on steep slopes shall be maintained so that natural habitats are preserved and soil erosion is minimized. The policies of the certified Mello II segment of the City's LCP also contain the following language regarding the development of steeply sloping hillsides 6-96-119^ Page 5 with native vegetation: Grading and Erosion Control a) For those slopes mapped as possessing endangered plant/animal species and/or coastal sage scrub (CSS) and chaparral plant communities, the following shall apply: 1) Slopes of 25% grade and over shall be preserved in their natural state, unless the application of this policy would preclude any reasonable use of the property, in which case an encroachment not to exceed 10% of the steep slope area over 25% grade may be permitted. For existing legal parcels, with all or nearly all of their area in slope area over 25% grade, encroachment shall be permitted, however, any such encroachment shall be limited so that at no time is more than 20% of the entire parcel (including areas under 25% slope) permitted to be disturbed from its natural state. This policy shall not apply to the construction of roads of the City's Circulation Element or the development of utility systems. Uses of slopes over 25% may be made in order to provide access to flatter areas if there is no less environmentally damaging alternative available. The subject site is loeated in the area subject to the Hello II segment of the City of Carlsbad's LCP and the Coastal Resource Protection Overlay Zone. Steep slope areas are afforded special status due to the presence of naturally occurring chaparral/coastal sage scrub which provides valuable natural habitat. The LCP regulations pertaining to steep slopes, as drafted by the City and certified by the Commission, protect those slopes of 25% grade and greater that contain coastal sage scrub and chaparral vegetation. The subject property contains west-southwest facing slopes. The majority of the site (25.73 acres) is disturbed as a result of agricultural activities which have occurred in the past. The property supports two native habitat types which include Diegan coastal sage scrub (sage scrub) and wetland vegetation. Sage scrub consists of low woody shrubs, many of which are summer deciduous. This vegetation is usually found on dry sites, such as steep south and southeast facing slopes. These areas of the site are located along the southeast portion of the site and approx. in the middle of the site in two east-west finger canyons. There are approx. 1.47 acres of sage scrub of which 0.15 acre is disturbed sage scrub. Wetland vegetation (0.17 acre) is located in the Encinas Creek channel along the northern boundary of the property. As part of the environmental review process, a biological survey report was done for the subject property by Brian Mooney and Associates, dated September 1995. The "threatened" coastal California gnatcatcher was observed in the Diegan coastal sage scrub in the southeastern part of the site during a survey in the summer of 1995. This bird species has also been observed in other nearby areas off-site to the west. The habitat areas for the gnatcatcher will be preserved through establishment of three open space lots on the site, the most significant being Lot 62, the area where the gnatcatcher was observed. 6-96-11' Page 6 In addition, a slope encroachment analysis and vegetation survey, dated 9/29/95, indicates that about 24.91 (6.8 acres) of the subject site area (27.4 acres) is slopes of 25% grade or greater. Of the 1.47 acres containing Diegan CSS on site, 1.06 acres represents dual criteria slopes. A total of 0.04 acre of CSS will be impacted as a result of the proposed project; of this figure, 0.03 acre represents dual criteria slopes consisting of low quality/disturbed CSS (0.01 acre on Lots 32 and 30 and 0.02 acre on Lot 37) (reference Exhibit No. 6). The slopes proposed to be graded on Lots 30 & 32 are associated with grading necessary to minimize differences in finished pad elevations and natural grades for purposes of facilitating drainage from the area. The purpose of the 0.03 acre impact to dual criteria areas on Lot 37 is to create an access drive onto the lot which has been reconfigured to minimize said impacts. Only 0.02 acres of the CSS is on steep slopes containing low quality CSS pursuant to the biological survey and report completed for the project. The remaining 0.01 acre of CSS that will be impacted in this area is outside of the steep slope areas, and are thus not dual criteria slopes protected under the policies of the LCP. According to the applicant's representative, the 0.01 acre of dual criteria slopes to be disturbed on Lots 30 and 32 is an area which, if not graded to create certain pad elevations, would create a potential drainage problem, as noted above. The existing topography at Lots 30 and 32 is 6-8 feet below the proposed adjacent street grade, which would create a hole/depression where drainage would be directed. As such, the area would need to be mechanically drained on a continuous basis. The proposed street is at a higher elevation than the natural grade which would create an ongoing maintenance problem in terms of collection of runoff and drainage of water that pools at this location. All remaining coastal sage scrub habitat on the site would be preserved in three open space lots, the most significant being Lot 62 which contains high-quality habitat. In addition, two other open space lots are also proposed—Lot 63 which includes a finger canyon and Lot 61 which contains riparian vegetation. Within Lot 61, a 20-foot wide public trail easement is proposed (Citywide Trail Link No. 31) which will run in an east/west direction at the northeast part of the property, east of Hidden Valley Road, approx. 500 feet south of Palomar Airport Road. The project has been conditioned by the City to mitigate for the proposed impacts. Native habitat impacts have been reduced or mitigated by the design of the project in that the preservation of .83 acres of the .97 acres of coastal sage scrub habitat occupied by the gnatcatcher and located within Lot 62 will be preserved within an open space easement. In addition, .47 acres of the .5 total acres of native habitat located within two small finger canyons will be preserved. However, the U.S. Fish and Wildlife Service (USFWS) has determined that this .5 acre is considered "impacted" due to the proposed surrounding development, even though no grading or removal of vegetation will occur. As such, the City has required that 0.64 acres of coastal sage scrub habitat be mitigated by acquiring, for preservation, 0.64 acres of comparable habitat within the high quality, coastal sage scrub area found in the Carlsbad Highlands mitigation bank. Mitigation will be required at a ratio of 1:1 for 6-96-119' Page 7 the 0.5 acres of impact of unoccupied and isolated coastal sage scrub. Impacts to 0.14 acres 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 acres) for a total of .64 acres that must be mitigated, as described above. The proposed mitigation has been reviewed and endorsed by the U.S. Fish and Wildlife Service (USFWS). It should be noted that USFWS recommended purchasing appropriate off-site lands as mitigation rather than actively revegetating the disturbed area identified onsite. It was USFWS' opinion that since the disturbed area is adjacent to coastal sage scrub currently proposed for preservation, the area may act as a natural seed bank for the disturbed area and revegetate over time without any additional effort. In addition, the City found in its approval that the proposed development is consistent with the intent of the Hillside Ordinance in that the grading avoids steep slopes except for small isolated ravines, manufactured slopes are contoured to follow the road and adjacent open space alignments, roadways are curvilinear and follow the natural contours, and future homes would be set back from the edge of the hi 11 side. The City has used its "Zone 20 Specific Plan" as the standard of review for this project. It provides a master plan for the buildout of the City's Zone 20 planning area, which contains the subject parcel and surrounding parcels of mostly vacant land, and a number of environmentally sensitive areas. While the Zone 20 Plan has been approved at the local level, it has not been submitted to the Commission for review and certification of its consistency with the Coastal Act. Thus, the certified policies of the Mello II LCP are the standard of review. In this particular case, the proposed impacts to 0.03 acre of dual criteria slopes can be found acceptable and consistent with the LCP because the amount of disturbance is extremely small and represents remote and isolated patches of CSS habitat which are not contiguous with other native corridors, all remaining high-quality CSS habitat will be preserved in open space lots on the site, and the proposed impacts have been reviewed and supported by the USFWS in conjunction with the proposed off-site mitigation. In addition, the applicant has stated that the proposed grading plan and tentative map have been revised to further reduce the amount of disturbance and/or encroachment into steep slope areas, primarily, dual criteria slopes. For example, revisions to the site development plan have resulted in creating two pan-handle lots for purposes of avoiding grading of steep slope areas. In particular, the lot lines for Lot #44 & 45 have been revised to avoid grading in steep slope areas. The applicant has also pointed out that the majority of the proposed encroachment (0.03 acre) into dual criteria slopes is within the building setback areas. Only .005 acre is actually for purposes of grading associated with the building pad itself. In summary, because the coastal sage habitat in the two finger canyons consists of isolated and small patches of low-quality native habitat, these areas would not be considered environmentally-sensitive habitat areas warranting preservation. In addition to the cited LCP policies addressing steep slopes and native vegetation, the Mello II LCP also prohibits development in wetlands, pursuant to Policy #3-7. The northern portion of the site contains riparian vegetation associated with Encinas Creek. However, this area will remain in open space 6-96-119 Page 8 and will not be disturbed as a result of the proposed project. Thus, the proposed development is fully consistent with Policy #3-7 of the LCP. Brush management for fire safety is proposed with the subject project. A 60-foot setback, along the rear of Lots 27-30, 34-37 and 46-49 for purposes of native habitat protection and fire suppression is required by the City. No development is permitted in this buffer area including grading or construction of habitable and accessory structures, etc. Pursuant to the City's Landscape Technical Manual, selective thinning and clearing consistent with Zone 2 and Zone 3 brush management requirements is permitted. The manual identifies three brush management zones, each 20 feet in width, where vegetation removal and thinning is required to protect homes from fire hazard when they are proposed to be located next to mature, naturally vegetated areas. Although it is the Commission's practice, consistent with the certified LCP, to allow selective thinning in open space areas as part of brush management to protect homes from fire hazard, the Commission has historically found that Zone 1 clearcutting requirements must not occur in open space areas and building setbacks must be established consistent with that provision. The lots which border CSS habitat areas will observe a 60-foot setback, from such areas and provide for a clearcutting area that will not intrude into any secured open space lots or native vegetation areas. Special Condition #6 requires the applicant to submit a brush management plan showing a 60 foot distance beyond all building pads on lots adjacent to native vegetation providing assurance that no clearcutting will be necessitated in open space or native vegetation areas. The plan shall document that clearcut vegetation removal for brush management purposes shall not be permitted within proposed open space areas. Any approved selective clearing shall be conducted entirely by manual means and shall be the absolute minimum for the reduction of fire hazards. In addition, within the two finger canyons on the subject site, the homeowners' association will maintain these native habitat areas through removal of trash and debris which will not involve any kind of vegetation removal or planting of ornamental landscaping. Special Condition #7, an advisory condition, has been attached to assure that no clearcutting of native habitat will be permitted within the two finger canyons on-site without further review and approval by the Commission. The Commission recognizes that each case must be considered on a site specific basis and that the Carlsbad Fire Department has found that a 60-foot structural setback, from open space is acceptable to mitigate fire hazard. However, the Commission, consistent with the Landscape Technical Manual and the certified LCP, has historically prohibited clearcutting in open space areas and as such has conditioned the project to this effect, as described above. Regarding grading and erosion control, approximately 176,700 cubic yards of grading is proposed to be balanced on-site, resulting in cut and fill slopes ranging from 27 to 38 feet in height. The grading of the property, however, has the potential to indirectly impact sensitive off-site resources located in Canyon de las Encinas. The City's approval requires the all building pad and street areas that are graded and remain vacant or undeveloped for a period of more than six months after the grading operation is completed be. seeded and adequately irrigated to reduce erosion and visual impacts. The USFWS has also 6-96-11' Page 9 recommended that grading and construction of the proposed project only be allowed during the non-breeding season of the gnatcatcher between August 1 and February 15. According to the Service, minimizing impacts associated with noise within the remaining areas of coastal sage scrub during grading and construction may help to reduce disturbance to the gnatcatcher which has been found to use the native steep slopes in the southern part of the site. The City of Carlsbad permits grading to occur within the restricted time period provided that drainage and erosion control devices are in place. The applicant thus proposes to install temporary desiltation basins at the beginning of grading activities, along with temporary erosion control devices and installation of erosion control planting. Drainage from the subdivision will be collected in a drainage system and discharged with proper energy dissipation. Lot drainage will be directed away from new slopes. In this particular case, since the drainage from the site will discharge to Encinas Creek rather than to an ecosystem such as a lagoon, the extension of time for grading into the rainy season can be found acceptable and has been permitted in similar projects. In addition, since the extension of time to complete all grading activities requested by the applicant coincides with the time frame that USFWS would recommend that grading and construction occur, extension of the grading period should not adversely affect the sensitive wildlife habitat in the area, provided that all erosion control devices are in place well in advance of the onset of grading activities. Regarding drainage and runoff control, the LCP addresses the protection of downstream sensitive resources. It requires that runoff rates from developed sites not exceed natural runoff rates resulting from a .10 year storm of moderate intensity. Additionally, to mitigate drainage impacts from project sites, adequate devices must be installed for drainage and erosion control, and urban pollutant basins must be provided. To comply with these water quality standards, the City has required the applicant to install erosion control devices pursuant to the requirements of the Mello II LCP. Lot drainage will be directed away from new slopes. Special Conditions #2 and #3 require the submittal of final grading, drainage, and erosion control plans designed to prevent erosion and subsequent downstream sedimentation impacts associated with drainage from the developed site. Special Condition #3 further requires final drainage plans designed to assure no increase in the peak, rate of runoff associated with the developed site when compared to undeveloped conditions. These requirements are consistent with the language contained in the Carlsbad LCP and past Commission precedents. In order to identify staging areas and access corridors so that sensitive habitats are not disturbed for this purpose, Special Condition #4 requires final plans to delineate these features. Access corridors and staging areas shall be located in a manner that has the least impact on coastal resources. No staging areas or access corridors shall be located within the environmentally sensitive habitat areas. In summary, the proposed project will avoid nearly all impacts to dual criteria slopes and the applicant has proposed a mitigation plan for the 0.03 acre of coastal sage scrub impacts that will result from grading associated 6-96-119 Page 10 with an access drive to Lot 37 and grading necessary for purposes of minimizing elevational differences in the finished pad and natural grade to facilitate drainage on Lots 30 and 32. As such, the Commission finds the project, as conditioned, complies with the slope preservation and environmentally sensitive habitat area provisions of the Hello II LCP. 3. Agriculture. The level portions of the project site support agricultural use and the site is located in the Coastal Agricultural Overlay Zone (Site II) of the Mello II segment of the City's LCP. The soils of the site, however, are not regarded as prime Class I or II agricultural soils. The Mello II LCP requires mitigation when non-prime coastal agricultural land is converted to urban land uses. Sections 30241 and 30242 of the Coastal Act concern the protection of agricultural lands. In 1981, when the Carlsbad Hello II LCP segment was certified by the Commission, the two major concerns were preservation of agricultural uses and protection of environmentally sensitive habitats. Regarding agricultural preservation, a major issue was minimizing agricultural versus urban impacts by developing stable urban/ agricultural boundaries. For the most part, the certified LCP accomplished this objective by concentrating development along 1-5, Palomar Airport Road, and the El Camino Real transportation corridors and preserving the interior areas, where public infrastructure is lacking, for continued agricultural use. Major amendments to the LCP certified by the Commission in 1985 significantly changed the policies of the LCP regarding agricultural preservation. Those amendments essentially allowed for conversion of almost all the agriculturally- designated lands within the City's Hello I and Mello II segments. The LCP provides three mitigation options for such conversions for projects in Site II of the Coastal Agricultural Overlay Zone: (1) "Prime Land Exchange"; (2) "Determination of Agricultural Feasibility"; and (3) "Agricultural Conversion Mitigation Fee". The implementing ordinances of the LCP, as modified in 1985, contain the specific requirements for implementing the three options of the LCP. The applicant has chosen the third option for conversion which provides for the payment of an agricultural mitigation fee of between $5,000 and $10,000 per each net converted acre of non-prime agricultural land. The funds accrued from the mitigation fees are to be used in the restoration and enhancement of natural resources, public access opportunities, and preservation of agricultural lands in Carlsbad. The mitigation fee requirement is triggered at the time that a coastal development permit for "urban development" is considered. Specifically, subsection 21.070-c calls for such fees to be paid "prior to the issuance of building permits for the project". As noted, the subject property is located in the Coastal Agricultural (C-A) zone and is, thus, subject to the requirements of the LCP regarding agricultural lands. The proposed use clearly constitutes an urban conversion. The City's approval requires payment of between $5,000 to $10,000/acre as a mitigation fee. The City will determine the exact amount of the fee prior to final approval of the tentative map. The Commission finds this option acceptable provided evidence is ~\ /^-r-n^vV^ oz h-m r illl^kj . z _^*% < <£)u 01 ? to Q. cra Q. 0) -*-* {/) § (/It/1 EP ia Coastal Cor| "reO « \\\f'i »>'>•"« twAynj" ;«->K]^.' -t • 'is. • *• i -. • •••>* ••~;w v->-^^bctcr^ '*bfijiS^"*J:AJ-i^^3'£^ |v d —^SSSHiVcU.'- '•!\ ~ ' V- LANDSCAPE CONCEPT PLAN EMERALD RIDGE EAST TENTATIVE MAP - EMERALD RID.GE - SAST CARLSBAD '-O 62 H m o < CDo o> (0 •c ro•X 3<u 0)O.Q: TENTATIVE MAP - EMERALD RfDGE - EAST CARLSBAD TRACT CT 95-05 APPLICATION NO 6-96-1-19 Impacted Dual Criteria Slopes (0.03 ac) APPLICATION NO. 6-96-119 Finger canyons where clearcutting not permitted pursuant to SC«:7 6-96-119' Page 11 submitted that the fee has been paid, consistent with the provisions of the attached Special Condition #5. Only as conditioned can the Commission find the subject project and conversion of agricultural lands consistent with the agricultural policies of the certified Mello II LCP. 4. Visual Impacts. Section 30251 of the Coastal Act and the certified Mello II LCP state that new development must be sited and designed to not adversely impact scenic features. The project site is located in the southern portion of the City of Carlsbad. This area is primarily agricultural land surrounded by either existing or planned medium density residential projects. The subject site is at a somewhat higher elevation than development to the west but is not visible from Interstate-5. As noted in a City staff report, portions of the site, however, may be visible in the distance further west near the ocean looking east. The site is also visible from Palomar Airport Road to the north, which is designated as a scenic roadway in the LCP, and contains the Qualified Development Overlay zone. Through application of this overlay zone, it can be assured that future development on the site will be designed in a manner to protect the scenic views from this roadway. When both the City and Commission review the site development plans for future development of homes on the property through a subsequent coastal development permit application, special design measures will be implemented through the overlay, which may include any of the following: reduced building height along the top of the ridgelines, varying rooflines and roof massing, increased landscape screening, earthtone roof and building wall material and colors, increased building separation, and enhanced rear building elevations for those homes that will be visible from Palomar Airport Road. Therefore, the Commission finds that the subject development is consistent with the visual resource policies of the certified Mello II LCP. 5. Local Coastal Planning. Sections 30170(f) and 30171 of the Coastal Act were special legislative amendments which required the Commission to adopt and implement a Local Coastal Program for portions of the City of Carlsbad and County islands prior to specific statutory dates. In reviewing development proposals, the Commission must essentially act like the local government and assess whether a project is consistent with the implementing zone and other policies of the certified LCP. In this case, such a finding can be made for the proposed development, as conditioned. The project site was rezoned from RDM-Q (Residential Density Medium with a Qualified Development overlay) to One-Family Residential with the Qualified Development overlay (R-1-7500-Q) pursuant to a LCP Amendment #2-96B to the Mello II segment of the City's certified LCP, approved by the Commission in June, 1996. The site is planned for residential uses (Residential Medium at 4-8 dwelling units per acre) in the City of Carlsbad's certified Local Coastal Program (LCP). The proposed project density, at 3.06 dua, is consistent with these designations. As noted by the City, in this case, the new zone of R-1-7500-Q is more restrictive than the former RDM-Q zone as it contains more development standards with regard to the siting of new development on individual lots. Therefore, the Commission finds the subject proposal consistent with the certified LCP and project approval should not prejudice 6-96-11Page 12 the City's ability to continue to implement its certified LCP. 6. California Environmental Quality Act Section 13096 of the Commission's administrative regulations requires Commission approval of the coastal development permit to be supported by a finding showing the permit, as conditioned, to be consistent with any applicable requirements of the California Environmental Quality Act (CEQA). Section 21080.5(d)(2)(i) of CEQA prohibits a proposed development from being approved if there are feasible alternatives or feasible mitigation measures available which would substantially lessen any significant adverse impact which the activity may have on the environment. The proposed project has been conditioned in order to be found consistent with the policies of the certified LCP which address hillside development and protection of environmentally sensitive areas. Mitigation measures, including conditions addressing preservation of naturally vegetated steep slopes in open space; mitigation for coastal sage scrub and riparian impacts; grading and erosion control; drainage/runoff control; construction timing/staging and access corridors; payment of agricultural conversion fees; and, a brush management program, will minimize all environmental impacts to a level of insignificance. As conditioned, the project complies with the slope preservation and environmentally sensitive habitat area provisions of the Mello II LCP. Therefore, the Commission finds that the proposed project, as conditioned, is the least environmentally-damaging feasible alternative and can be found consistent with the requirements of the Coastal Act to conform to CEQA. STANDARD CONDITIONS: 1. Notice of Receipt and Acknowledgement. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced, the permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Compliance. All development must occur in strict compliance with the proposal as set forth below. Any deviation from the approved plans must be reviewed and approved by the staff and may require Commission approval. 4. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. 5. Inspections. The Commission staff shall be allowed to inspect the site and the development during construction, subject to 24-hour advance notice. 6-96-110 Page 13 6. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 7. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. (6119R) \V M..?\\-^ \r APPLICATION NO S-96-1'19 United States Department of tnemterior 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, il C. K&etich ield Office Supervisor # 1-6-96-HC-313 cc: Bill Tippets (CDFG)RECEIVED SEP 1 9 1996 LADWIG DESIGN GR DAVID M. BENTLEY, CCIM MSP California, LLC * Emerald Ridge/Mar Vista - Carlsbad, CA La Paloma Corporate Center 3573 E. Sunrise Drive, Suite 221 * Tucson, AZ 85718 Phone: (520) 299-2179 * Fax: (520) 529-6122 September4, 1996 Ms. Valerie J. Dinsmore, Administrative Secretary CITY OF CARLSBAD - PLANNING 2075 Las Palmas Drive Carlsbad, CA 92009-1576 RE: Fish & Game Fee Refund - Emerald Ridge East, Account No. 001-810-0000-8819 Dear Ms. Dinsmore: Pursuant to your instruction, I have signed and am returning the "Request for Refund" form. Your assistance in processing this refund is appreciated. If I can be of any further assistance, please don't hesitate to call. Very truly yours, MSP CALIFORNIA, LLC David M. Bentley, CCIM Manager/Project Director c: Marc Palkowitsh, MSP California LLC loduiig Design Group, Inc. August 19, 1996 Ms. Laurinda Owens Coastal Analyst California Coastal Commission San Diego Coastal Area 3111 Camino del Rio North, Suite 200 San Diego, CA 92108 SUBJECT: EMERALD RIDGE EAST - A SINGLE FAMILY SUBDIVISION IN ZONE 20 IN THE CITY OF CARLSBAD, CA/REQUEST FOR COASTAL COMMISSION APPROVAL OF CT 95-05, SDP 95-11, HDP 95-12 (LADWIG DESIGN GROUP, INC. - J/N L-1033) Dear Laurinda: Please accept the attached information and our request for a Coastal Development Permit for Emerald Ridge East. 1. Copy of tax bill showing applicant's legal interest in property. 2. Assessor maps marked to show adjacent properties within 100 feet of Emerald Ridge West. 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: • Emerald Ridge East Tentative Map (CT 95-05). Emerald Ridge East Site Development Plan (SDP 95-11). • Emerald Ridge East Conceptual Architecture for 2nd Dwelling Units. • Emerald Ridge East Landscape Concepts. • Emerald Ridge East Constraints Map. Emerald Ridge East Hillside Development Permit (HDP 95-12). Aerial Photo Vicinity Map (24" x 36"). • Reduced plans (S'/z" x 11") for Tentative Map, Landscape Concepts, Conceptual Architecture, Hillside Permit, Constraints Map, and Site Development Plan. Preliminary Title Report (First American - No. 1110572-22, 9/20/95). 6. One copy of Housing Commission Resolution No. 96-004 Recommending Approval of nine second dwelling units affordable to low income households within Emerald Ridge East. 7. Copy of U.S. Fish and Wildlife service letter (3/6/96) concurring with mitigation requirements for Mar Vista and Emerald Ridge projects. 8. Copies of Geo-Soils. Incorporated;s soils report and update letter. 703 Pcilomar Rirport Road *• Suite 300 «• Carlsbad, California 92009 (619) 438-3182 FflX (619) 438-0173 Ms. Laurinda Owens August 19, 1996 Page 2 9. Copies of signed Planning Commission Resolution Numbers 3936, 3937, and 3938. I have also included a signed copy of City Council Resolution No. 96-271 approving CT 95-05 and HDP 95-12. 10. One copy of a project description dated August 9, 1996. 11. On August 19, 1996,1 have or will have posted the Pending Permit Notice card at the south west corner of the property. 12. I am including a check in the amount of $9,365.00 for the appropriate filing fee. It is based on $120 x 69 units (60 SFD + 10 affordable units) = $8,280 plus the grading fee of $200 + $885 for a total of $9,365.00. 13. The attached application is signed in three places as requested and I have answered all the applicable questions. You will notice that the previously approved 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. Please process the above for a Coastal Development Permit. I will be happy to go over any questions you may have. Sincerely. LAD WIG DESIGN GROUP, INC. Robert C. Ladwig RCL:klb.003 cc: Ms. Anne Hysong, 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 Inc. 703 Polomcir Rirport Road * Suite 300 + Carlsbad, California 92009 (619) 438-3182 FRX (619) 438-0173 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-S036 APPLICATION FOR COASTAL DEVELOPMENT PERMIT SECTION I. APPLICANT 1. Name, mailing address, and telephone number of all applicants. MSP CALIFORNIA, LLC MSP CALIFORNIA, T.T.f! MARCUS PALKOWITSH DAVID BENTLEY 650 CHERRY STREET, SUITE 435 DENVER, CO 80222 (303) 399-9804 3573 EAST SUNRISE DRIVE #221 TUCSON, AZ (520) 299-2179 (Area code/dayn'me 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 behaif 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 G. LADWIG LADWIG DESIGN GROUP, INC, 703 PALOMAR AIRPORT ROAD, SUITE 300 CARLSBAD, CA 92009 (619) 438-3182 (Area code/daytime 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 HIDDEN VALLEY ROAD number CARLSBAD, street SAN DIEGO city county Assessor's Parcel Number(s) (obtainable from tax bill or County Assessor):212-040-32 & 36 FOR OFFICE USEONLY APPLICATION NUMBER REC8VED FILED FEE 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.) Emerald Ridge East is a 63 lot standard single family R-l-7500 square-foot lots minimum subdivision with 60 residential-lots on 27.4 acres.with 3 open- space lots and a remainder parcel of 28.9 acres. As one option to satisfyLarlsbad atfordable housing requirements. 9 one bedroom second dwelling units are proposed to be mixed within the 60 market rate units. Also, 1 three bedroom affordable unit credit may be purchased offsite within Carl shad. The project proposes 176,700 cubic yards of grading. Open space lots 61 (1.78 Ac)and 62 (5.28 Ac) will provide natural/undeveloped buffers at the north and south ends of the project. Dual criteria slopes are being preserved. Proposed nuhli'r frail is TJifhin nnp-n—<*narf* Inf for adjacent Hidden Valley Road was developed as part of the SAMBI project under Coastal Development Permit No. 6-94-131. 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 at bedrooms- per unit (both existing and proposed} N/A Type of ownership proposed O rental O condominium O stock cooperative O time share n other b. If land division or lot line adjustment, indicate: Number d lots Existing lots 1 Pro posed new lots 63 Net number of lots on completion of project 63 Size ot'fots to be created (indicate net or gross acreage) Existing 27.4 AC Proposed 3 Open-space lots = (7.89) acres - R-l lots range from 7630 sq.ft. to 28,916 Estimated cost of development (not including cost of land) S N/A 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 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. I Lot coverage ! Existing (sq.Ai or acre) Building Paved area Landscaped area Unimproved area N/A N/A N/A N/A Hew- proposed (sq.ft or acre} Grsnd Total (should equal lot area as shown in W7 'above} Total (sq.ft. or acre) 8. Is any grading proposed? ...... *.s.ee.^otejn..it:em_2 .above A Yes O No //yes, complete tfie following. a) Amount of cut b) Amount of fi c\ Amount of import or ' export (circle which) 176,700 cu.yds. 176,700 cu.yds. o cu. yds. Q Maximum height of ' cut slope e\ Maximum height of .; fill slope A Location of borrow ' or disposal site 38 ft. 27 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. Please list any geologic or other technical reports of which you are aware that apply to this property ceo-soiis, inc. 9/6/94 Report/ 7/26/95 Letter 9. Parking: Number of parting spaces (Indicate whether standard or compact} Existing spaces 0 Proposed new spaces 2 x 60 = 120 min. 1x9= 9 min. 129 120 covered std. space 9 uncovered Ne( number of spaces on completion of project 120 min. s Is any existing parking being removed? , If yes, how many spaces? N/A O Yes No size N/A Is tandem parking existing and/or proposed? If yes, how many tandem sets? 9 Yes CJ No size 8 x 20 (Allowed for 2nd dwelling units 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 ggcYes us? Yes p Yes ig Yes me Yes O No O No a No O No a No Will electric or telephone extensions be above-ground? O Yes rjx No 11. Does project include removal of trees or other vegetation? O Yes fjlx No If yes, indicate number, type and size of trees — or type and area of other vegetation — SECTION 111. 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 gx No Will any existing structures be removed? O Yes fjx No If yes (a either question, sfle, if applicable. describe the type ot development to be- demolished or /emovetf, 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 £J 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) CJ Yes £J 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 tne distance from trie project site, if applicabfe. 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 stnictures O Yes a Yes a Yes O Yes Q No i^No XjSj No 0E No Amount of material to be dredged or filled (indicate which) — cu. yds. Location of dredged material disposal site — Has a U.S. Army Corps of Engineers'permit been applied for? O Yes g No 6. Will the development extend onto or adjoin any beach, tidelands, submerged lands or public trust lands? O Yes g 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? J?/A a Yes a No Will the development provide public or private recreational opportunities? 5J Yes O No If yes, explain*. - " '. A portion of Emerald of a City wide trail system Ridge East along the north is shown within the side of the project. boundaries 8. Will the proposed development convert land currently or previously used for agriculture to another use? O Yes ffl No If yes, how many acres will be converted? 9. Is the proposed development in or near a. Sensitive habitat areas (Biolcjgiral survey may be required) £$ Yes O No b. Areas of state or federally listed rare, threatened, or endangered species... £J Yes O No C. 100-year floodplain(Hydrologic mapping may be required) O Yes 33 No d. Park or recreation ansa ...(.?.?.msect.ia.Park). /, yg$ Yes O No 10. Is the proposed development visible from: a. State Highway 1 or other scenic route O Yes ]g No b. Park, beach, or recreation area. ...^.°^^^J.^). £j Yes O No c. Harbor area O Yes %$ 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 £3 No b. Archaeological resources ...;.. • !O""Yes' '"£3 -No c. Paleontological resources ^ 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 4 1/8"). 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 ciearty 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. - ^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 (E1S) 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 Slate 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 development" 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 0 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 all 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. ? p&f&^S^ Signature of Authorized Agentfs) or if no agent, signature of Applicant NOTE: IF SIGNED ABOVE BY AGENT, APPLICANT MUST SIGN BELOW. SECTION VIII. AUTHORIZATION OF AGENT I hereby authorize Robert c. Ladwig/LADWiG DESIGN GROUP. INC. to act as my representative and to bind me in all matters concerning this application. Signature of Applicant(s) (Only tha applicants) may sign /iera to authorize an agent) 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 S250 to any Commissioner(s) or Altemate(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 S250 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 Date Please print your name -1/ <. APPLICATION FOR COASTAL DEVELOPMENT PERMIT APPENDIX B LOCAL AGENCY REVIEW FORM SECTION A (TO BE COMPLETED SY APPLICANT) Applicant MSP California LLC Project Description Emerald Ridge East - CT 95-05. HDP 95-12. SDP 95-11 Location South of Palomar Airport Road - East of Hidden Valley Road - LFMP Zone 20 - City of Carlsbad, CA. Assessors Parcel Number 212-040-32 and 36 SECTION B (TO BE COMPLETED 3Y LOCAL PLANNING OR BUILDING INSPECTION DEPARTMENT) Zoning Designation X ~ / ~ ~7S&G - Q do/air General or Community Plan Designation 'A^/Tl J?- 0 5 du/ac Local Discretionary Approvals O Proposed development meets all zoning requirements and needs no local permits other than building permits. CCr Proposed development needs local discretionary approvals noted below. Needed Received %y JJK" _Desion/Architecturai revfew C7J o Variance for n O Rezone from g^ Tentative Suba'ivisio/i//Parcel Map No. g^ Gradin'gTL^Developrnent Permit No. O O Planned Residential/Commercial Development Approval O o Site Plan Review O O Condominium Conversion Permit O o Conditional, Special, or Major Use Permit No. Q' g- Other. CEQA Status O Categorically Exempt C/ass_ rj Negative Declaration Granted (Date) Cj Environmental Impact Report Required, Final Report Certified (Date) g^Other. Prepared for the City/Gey^ of OAU><i-zL-~t _ by Date $- 1 '-<?& 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) 211-040-14 CHRISTA MCREYNOLDS 2316 CALLE CHIQUITA LA JOLLA CA 92037 211-040-33 CARLTAS ASSOCIATES 5600 AVENIDA ENCINAS #100 CARLSBAD CA 92008 212-U40-35 AND 48 RICHARD & ROBERT KELLY 2770 SUNNY CREEK ROAD CARLSBAD CA 92008 212-040-39 JAMES UKEGAWA 6145 LAUREL TREE ROAD CARLSBAD CA 92009 212-040-47 SIM USA INC 1400 FLAME TREE LANE CARLSBAD CA 92009 212-040-41 PACWEST LTD 550 WEST C STREET # 1750 SAN DIEGO CA 92101 214-140-07 SAMBI SEASIDE HEIGHTS LLC 8649 FIRESTONE BLVD DOWNEY CA 90241 214-140-13 CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD CA 92008 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 learns of such failure. 14 Cal. Admin. Code Section 13054(b). Please sign and date this Declaration of Posting 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 6cUfy /7 // 7 (? \ or my authorized representative posted the Notice tf (date of posting) of Pending Permit for application to obtain a coastal development permit for the development of EMERALD RIDGE EAST - 3 open-space lots - 60 single family lots - With alternative for 9 onsite second dwelling units and purchase of 1 offsite Credit for a 3 bedroom affordable unit. (descnption of ceveiccment) Located at Zone 20 ~ South of Palomar Airport Road - East of Hidden Valle Road - City of Carlsbad, CA - 212-040-32 & 36 (address or development or assessors pares! numoer) The public notice was posted at the south west corner of the property. (a conspicuous place, easny seen oy the puonc ana as cose as possioie to the sue al the proposed development) (signature) (date) /VOTE- Your application cannot be processed until this Declaration of Pasting is signed and returned to this office. FOR OFFICE USE ONLY PERMIT NUMBER RECSVED DECLARATION COMPLETE 12 NOTICE OF PENDING PERMIT A PERMIT APPLICATION FOR DEVELOPMENT ON THIS SITE IS PENDING BEFORE THE CALIFORNIA COASTAL COMMISSION. PROPOSED DEVELOPMENT: EMERALD RIDGE EAST A SINGLE FAMILY R-1-75QO SQ.FT. MINIMUM SUBDIVISION OPEN-SPACE LOTS - 60 SFD LOTS WITH POTENTIAL FOR 9 ONSITE SECOND DWELLING UNITS AND 1 OFFSITE 3 BEDROOM CREDIT. LOCATION: SOUTH OF PALOMAR AIRPORT ROAD. EAST OF HIDDEN VALLEY ROAD APPLICANT: M.S.P. CALIFORNIA, LLC APPLICATION NUMBER: DATE NOTICE POSTED: FOR FURTHER INFORMATION, PLEASE PHONE OR WRITE THE OFFICE LISTED BELOW BETWEEN 8 AM AND 5 PM, WEEKDAYS, CALIFORNIA COASTAL COMMISSION SAN DIEGO COAST AREA OFFICE 3111 CAMINO DEL RlONORTH, SUITE 200 SAN DIEGO. CA 92108-1725 (619] 52 1-8036 f August 12, 1996 N C T D Ms. Anne Hysong Planning Department City of Carlsbad 2075 Las Palmas Dr. Carlsbad, CA 92009 Re: CT 95-05 Emerald Ridge East Dear Ms. Hysong: North County Transit District (NCTD) has reviewed condition 17 of the Conditions of Approval specified in Planning Commission Resolution No. 3936 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 emrdg_e2.doc NORTH COUNTY TRANSIT DISTRICT 311 South Tremont Street, Oceanside, CA 92054 61 9-967-2828 Icidrefg Design GroujWmc. September 20, 1996 Mr. Don Rideout City of Carlsbad Growth Management 2075 Las Palmas Drive Carlsbad, CA 92009 SUBJECT: 4(d) EXEMPTION FOR MAR VISTA (CT 94-1 1), EMERALD RIDGE WEST (CT 95- 03) AND EMERALD RIDGE EAST (CT 95-05) (COASTAL PERMITS 6-96-46, 6-96- 53, AND 6-96-1 19) (LADWIG DESIGN GROUP, INC. - J/N L-1034) Dear Don: Enclosed is a 4(d) exemption letter from U.S. Fish & Wildlife for the above three projects. This letter clears the projects for grading as it relates to impacts to Coastal Sage Scrub and is consistent with the guidelines of Carlsbad NCCP subarea plan (HMP). As the letter suggests, please subtract the impacts from the City's 5 percent share of habitat through the 4(d) process and notify Sandag when the grading permits are issued. Please call if you have any questions. Sincerely, Ladwig Design Group, Inc. Robert C. Ladwig RCL:klb.047 Enclosure cc: With Enclosure Mr. Jeff Gibson, City of Carlsbad Ms. Anne Hysong, City of Carlsbad Mr. Frank Jimeno, City of Carlsbad Mr. Ben Ellorin, City of Carlsbad Ms. Laurinda Owens, Coastal Commission Mrs. McReynolds Mr. Dennis Ferdig, UDC Homes, Inc. Mr. Glenn Chastain, UDC Homes, Inc. Mr. R. Gordon Craig, Monarch Communities of C A Mr. Gary Engle, Monarch Communities of CA Mr. Bruno Callu, Crosby Mead Benton & Associates Mr. Mike Rollett, Hunsaker & Associates 703 Palomar Rirport Road 4 Suite 300 *• Carlsbad, California 92009 (619)438-3182 FflX (619) 438-0173 rnu 4:44 PM FWS FAX NO. 619 431 9618 P. 2 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 S ANDAG when the grading permit is issued. If you have any questions regarding this letter, please contact Ken Corey at (619) 431-9440. Sincerely, C$\Gail C. KS&etich Field Office Supervisor # 1-6-96-HC-313 cc: Bill Tippets (CDFG)RECEIVED SEP 1 9 1996 LADWIG DESIGN 6R 1 / n .<•TENTATIVE MAP - MAR VISTA CARLSBAD TRACT CT 94-11)j^^" -XT v_ ^ / -/MlJ CARLSBAD TR \ \ V* *"•'• r '*•''' ''"• ^^'^^^^^^''^^mi'!/'' "^V"^ft^< VI «Utfifll/' ftPIW. SECflQN \ VtrctiSH*/J^<i""i^faBiijiS^ Xj ^ ^*^ ^^OsStlir^-* ? L_-.,. . «^*/K/tt- ._ . .. mtmttt, v —«.. ^ xtmtx. ttmttt.._K_•; ^BeT / t . ^ REPLACEMENT SHOT J LAND SPACE ENGNf ERWCn*wMt CM INLMII-H: 'AMXITIA. r«-« •" /*»^*i^«^-- ••t^),.imumr WP MAR VISTA UMMM rWCI II II HELLSffiE DEVELOPMENT PERMIT, HDP 95-06 SHEET 2 OF 1 SLOPE ANALYSIS Design Group, Inc. TENTATIVE MAP - EMERALD RIDGE - TOT UNO SP«£ ENGWEERINCIUMC -CMOOCDK - SUM1W"""•0"—0-UcRDfNOLDS {PROPOSED MAR VISTA'a A.P.W. 2II-040-U "EMERALD RIDGB - IESTCMSM ma ts-ti JTIUTY tAXMCKlII KCCnCD OtOMCIt M. IKI.WJJOT MND SPACE ENGINEERINGftjVMNG - CML DCKEWe - SfW»l OS 0MW «C BIH M. ODMOa M HIQ9 (lit)NOTE: * LO.S.E. * LANDSCAPC OPEN SPACE tASEUtHT MAINTENANCE BY H.O.A, UcRCYNOLOS (PROPOSED MAR A.P.N. 211-040-14 TEXUIW1MP EMERALD RIDGE - EASTovuw nwcr »-05 TRAIL SECTION A-A SCAII H. * y. T » M1 HELLS 4,1 Ac. Loduiio Design Group, Inc. locluiig Design Group, Inc. \ Auaust 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 CLAD WIG 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 sa'ge 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 Polomcir flirport Road 4- Suite 300 *• Carlsbad, California 92009 (619)438-3182 FfiX (619) 438-0173 Mr. Ken Corey August 6, 1996 Pa2e2 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 Palomor flirport fioad 4> Suite 300 + Carlsbad, California 92009 (619)438-3182 FRX (619) 438-0173 United States Department of the Interior FISH AND WILDLIFE SERVICE Ecological Service* Carlsbad Field Office 2730 Loker Avenue West Carlsbad, Califomui 92008 RECEIVED MAR 1 1 1996 LADWIG 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 calif ornica calif or nica) 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 Calle 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. rely, GailC. Kcfceuch Field Supervisor cc: CDFG (attn: Bill Tippets) Ciry of Carlsbad (artn: Don Hideout) #l-6-96-HC-100 City of Carlsbad Planning Department August 5, 1996 Robert Ladwig Ladwig Design Group, Inc. 703 Palomar Airport Road, Suite 300 Carlsbad, CA 92009 SUBJECT: DETERMINATION OF "NET IMPACTED AGRICULTURAL ACREAGE" FOR MAR VISTA (CT 94-11), EMERALD RIDGE WEST (CT 95-03), AND EMERALD RIDGE EAST (CT 95-05) The Planning Department has reviewed your letter dated July 17, 1996, and the attached exhibits depicting the proposed agricultural lands subject to the Agricultural Conversion Fee. Based on the legislative intent of the Coastal Agricultural Mitigation Fee Program and the language within the Agricultural Overlay Zone of the Mello II Segment of the Local Coastal Program, the Planning Department disagrees with your initial acreage calculations. All agricultural land within the Agricultural Overlay Zone that is being converted to urban development, is subject to the conversion fee. Therefore, to assist you in the acreage calculation for these three properties, the Planning Department offers the following criteria should be used to calculate the "net impacted agricultural acreage": 1. Steep slope (25% inclination or greater) and sensitive habitat areas that are protected within dedicated open space lots and open space easements are not subject to the conversion fee; 2. Steep slope areas, including but not limited to, graded areas developed with roads, utilities, and building pads, are subject to the conversion fee. Based on the premise that agriculture may be suitable on lands that contain steep slopes (i.e. terrace farming), the steep slope areas are not excluded from the calculation unless they are entirely protected from development; 3. Areas containing slopes less than 25% that are protected within open space lots and open space easements are not subject to the conversion fee; 4. Sensitive habitat areas that are approved for development by the City and the applicable resource agencies that require mitigation for their development are not subject to the conversion fee; 2O75 Las Palmas Dr. • Carlsbad, CA 92OO9-1576 • (619) 438-1161 • FAX (619) 438-O894 DETERMINATION OF '($E"T IMPACTED AGRICULTURAL ACREAGE AUGUST 5, 1996 PAGE 2 5. The term "other physical features of the land" includes areas such as major rock outcroppings (an acre or more in size), which are unsuitable for cultivation. These areas are not subject to the conversion fee. In addition to the graded and residentially developed areas within Emerald Ridge East, the land underneath Hidden Valley Road which does not contain sensitive habitat is also subject to the conversion fee and must be included in the calculation of the project's total "net impacted agricultural acreage". If you have any questions concerning this determination please contact me in the Planning Department at 438-1161, extension 4455. I hope this provides you with the necessary information to proceed with the project and I look forward to working with you on this matter in the future. City of Carlsbad Sincerely, JEFF GIBSON Associate Planner JG:kc c: Assistant Planning Director Anne Hysong K:\ADMIN\CORRUGIB\DETER AGR1 ACRE. LADW1G Utduiig Design Group, Inc. July 17, 1996 Mr. Jeff Gibson City of Carlsbad Planning Department 2075 Las Palmas Drive Carlsbad. CA 92009-1576 t S 1988 SUBJECT: Dear Jeff: AGRICULTURAL CONVERSION FEE AREA CALCULATIONS FOR MAR VISTA (CT 94-11), EMERALD RIDGE WEST (CT 95-03) AND EMERALD RIDGE EAST (CT 95-05) (LADWIG DESIGN GROUP, INC. - J/N L-1034) To follow up on our discussion, enclosed is our calculation of the areas to be used to determine the agricultural conversion fee as specified in the Conditions for Approval for these three projects. The assumptions I am using to calculate the areas are as follows: Gross boundary areas are per Adjustment Plat Numbers 481 and 484 (attached). Note: Adjustment Plat No. 481 has been recorded and No. 484 is in plan check. • Open space lot areas are from final design plans for Emerald Ridge West and Mar Vista. Areas on the tentative map were used for Emerald Ridge East. • Net impacted non-prime agricultural land is the gross area minus the acreage of steep slopes (25% or greater) and areas containing sensitive Coastal resources. Based on the above, the following are the acreages I have calculated for the three projects. Mar Vista (CT 94-11) Gross Area (per Adjustment Plat No. 484) Lot 1 - (Proposed open space dedication containing steep slopes and sensitive Coastal resources.) Non-prime Agricultural Land to be Developed Emerald Ridge West (CT-95-03) Gross Area (Per Adjustment Plat No. 484) Lot 62 (Proposed open space dedication with steep slopes and sensitive Coastal resources.) Area of Hidden Valley road and Calle Serena that contains sensitive Coastal resources. Area within Hidden Valley Road containing steep slopes. Non-prime Agricultural Land to be Developed 33.87 Acres - 19.35 Acres 14.52 Acres 28.35 Acres -8.0 Acres - 0.95 Acres - 0.25 Acres 19.15 Acres 703 Polomar flirport Road + Suite 300 + Carlsbad, California 92009 (619)438-3182 FRX (619) 438-0173 Mr. Jeff Gibson July 17,1996 Paae2 Emerald Ridge East - (CT 95-05) Gross Area (Per Adjustment Plat No. 481) Portion of proposed open space dedication (Lot No. 61) to remain natural. Portion of proposed open space dedication (Lot No. 62) to remain natural. Fragmented area of mostly slopes over 25% not suitable because of shape or slope for farming (see marked up slope analysis for HDP 95-12) Non-prime Agricultural Land to be Developed (4 separate areas - 0.7 Ac + 2.7 Ac + 4.1 Ac + 4.0 Ac) = Grand Total of Non-prime Agricultural Land to be Developed 28.1 Acres - 4.9 Acres - 1.8 Acres - 9.9 Acres 11.5 Acres 45.17 Acres Please look over the attached information. After you have completed your review, we request a written response from you on our calculation of the various acreages. We will, on a separate matter, present to you our justification for the value to be used for calculating the actual agricultural conversion fee. Please call if you have any questions. Sincerely, Ladwig Design Group. Inc. Robert C. Ladwig RCL:klb.003 Enclosures cc: With Enclosures Ms. Anne Hysong, City of Carlsbad Mrs. Christa McReynolds Mr. Marcus S. Palkowitsh, MSP California LLC Mr. David Bentley, MSP California LLC Mr. R. Gordon Craig, Monarch Communities of CA Mr. Dennis Ferdig, UDC Homes. Inc. 703 Palomar Rirport Road + Suite 300 4 Carlsbad, California 92009 (619)438-3182 FRX (619) 438-0173 locluiig Design Group, In July 9, 1996 Mr. Larry Bodenhamer County of San Diego Department of Environmental Health P.O. Box 85261 San Diego, CA 92186-5261 SUBJECT: MAR VISTA AND EMERALD RIDGE EAST AND WEST SITE ASSESSMENTS (LADWIG DESIGN GROUP, INC. - J/N L-1030) Dear Larry: To follow up on our conversation of about two weeks ago, please find enclosed two separate signed applications for Mar Vista and Emerald Ridge East and West. These projects are adjacent to each other in the City of Carlsbad and are south of Palomar Airport Road, just southeast of the Price Club which is just east of 1-5. In addition to the signed and completed applications, I am enclosing two checks in the amount of $ 160 each. In addition, I am enclosing preliminary pesticide residue surveys that were done for both properties by Geo Soils in June and July of 1994. I am also enclosing a copy of the reduced tentative maps and one copy of an aerial vicinity map that will help you in the location of these projects. Emerald Ridge West and Mar Vista have received all their City of Carlsbad approvals and we are on the Coastal Commission agenda for this Friday, July 12, 1996, with a Staff recommendation for approval. Final plans have been prepared for these two projects and we are trying to obtain grading permits by the end of this summer. Emerald Ridge East has Planning Commission approval and will be going on to City Council in several weeks. As part of the environmental review process for these projects, the applicant had the attached pesticide residue studies prepared which show that further analysis is not required. The City's 703 Palomar Rirport Road + Suite 300 * Carlsbad, California 92009 (619)438-3182 FRX (619) 438-0173 Mr. Larry Bodenhamer July 9, 1996 Page 2 environmental review further stated that prior to the issuance of a grading permit for the projects, the pesticide survey shall be reviewed and approved by the County Health Department. Please look over the enclosed information and provide us with the response as required by the City of Carlsbad. As you had indicated, we look forward to your response in about 30 days. Again, if you have any questions, please give me a call. Sincerely, LAD WIG DESIGN GROUP. INC. Robert C. Ladwig RCL:klb.022 Enclosures cc: Anne Hysong, City of Carlsbad Planning Department Jeff Gibson, City of Carlsbad Planning Department Marc Palkowitsh, MSP California LLC David Bentley, MSP California LLC R. Gordon Craig, MSP California LLC Dennis Ferdig, UDC Homes MSP INVESTMENT CO. INVOICE NO.AMOUNT 07032 DISCOUNT I NETAMT. I DATE I JULY 2, 1996 CHECK NUMBER | 7032 P51 MAR VISTA / v/,s; MSP INVESTMENT CO. -.. •- 650 S. CHERRY ST. #435 , .'/''/ ' - ,'DENVER, CO 80222 - -, • , "•'\X'. •"' ' ' -•'-',• :'<s.,^ • PAY. ONE HUNDRED AND SIXTY DOLLARS AND NO/100• ••I ..• , t • .- t .-r~_. TO THE ORDER OF COUNTY OF SAN DIEGO i:io'2oasa3Bi: PROFESSIONAL BANK GLENDALE OFFICE DENVER, COLORADO 80222 DATE JULY 2, 1996 07032 23-583/1020 1 AMOUNT $160.00 COUNTY OF SAN DIEGO DEPARTMENT OF ENVIRONMENTAL HEALTH FOB SAM USE: One Recaivad Subimul ?•• PaM, Establishment t SITE ASSESSMENT AND MITIGATION DIVISION P. 0. BOX 85261 SAN DIEGO. CA 92186^5261 (619) 338-2222 VOLUNTARY ASSISTANCE PROGRAM APPLICATION INFORMATION FOR REVIEW OF SITE ASSESSMENT PROJECTS (PLEASE SEAD BOTH SIDES OF THIS FOSU CAXEFULLY PRIOR TO COMPLETION) Site Name - ( CT Assessors Pared Number: Site Address G&.- <Q- £>t~ 4lPPl£AJ l//k,lgV Street City Zip Code B.Responsible party/Property owner I^SP <2Ai-iP.pe.ioi A _ | Mailing/Billing Address 6>SO CtA€.yiP.Y ^"T -A 4-^r- Ptg.>O|/gg . Street Coaiac: Person tTS H City Zip Code T>^5 Telephone f 1 Invoices will be sent to this address unless other arrangements are made. Application Submitted by: Comaci Person C,Telephone Company Name Mailing Address C4ELS&4O . Street City Zip Code Brief Project Description Cmclude waste typgi I QC-AJf </^-C- l/£^^grr/^r/Q^3 I accept the oversight conditions listed on the back of this page and agree to pay all costs associated with this request within ,30 days of receiving an invoice.. J* Jr *• st~~* i1 f t •- .1. ^ . . -f _. _ .1 i • f* (JSignature/of Applicant DEH:HM-990 (1/95) Oversight Conditions: Senate Bill 1248 enacted the Health and Safety Code sections 512 through 512.4 authorizing the Department of Environmental Health to enor into Voluntary agreements with Responsible Parties to provide oversight of remedial actions at sites contaminated by wastes, The Site Assessment and Mitigation Division (SAM) will ntjfaa current guidelines and policies of this Department and the Regional Water Control Board CRWQCB] to reach site assessment and cleanup goals. • If the Responsible Party agrees to SAM oversight, complete and submit this form entitled APPLICATION FOR ASSISTANCE. Billing invoices will be sent the Responsible party [area B on application] unless prior arrangements are SAM has the option of referring this case to the S.WQCB or State Department of Toxic Substances Control [DTSC] at any time during the review process. An initial fee of $160 made payable to the County of San Diego is required at the n of request sobmittal, which allows up to two hours SAM staff time. Payment for any staff rfopg in excess of two hours will be billed and must be paid within 30 days of receipt of the invoice. The current billing rate is SSO/hour. A copy of all correspondence from SAM will be sent to the applicant and to the property owner. • Allow a irnTiimuTTi of 30 days for SAM to complete the review of a site assessment report. • Case files will be available to the public for review upon written request. • SAM will notify DTSC and the R.WQCB 10 days prior to accepting your case. I accept the above conditions and agree to pay ail costs associated with this request within 30 days of receiving as invoice. Signature of Applicant ^ D^ DEH:HM-990 (1/95) MONARCH COMMUNITIES OF CALIFORNIA 00 517 9ATE JUN25/96 INVOICE NUMBER 62596 DESCRIPTION 490 0490 r> AMOUNT 160.00 'U-4iy*DH)to PARTICULARS iTfojgsUKUU* AMOUNT :AL NET AMOUNT 160.00 DETACH AND RETAIN THIS STATEMENT THE AH ACHED CHECK IS IN PAYMENT OF ITEMS DESCRIBE L) ABOVE It Nil I CUHHEC1 PI EASE NO I If Y US PROMPTLY NO RECEIPT DESIRED MONARCH COMMUNITIES OF CALIFORNIA 30012 IVY GLENN DR., STE. 270 LAGUNA NIGUEL, CALIFORNIA 92677 WELLS FARGO BANK MARINA HILLS OFFICE 30201 GOLDEN LANTERN LACUNA NIGUEL, CA 92677 16-24/1220(7)-932 NO.00.5172 05173 PAY ONE HUNDRED AND SIXTY DOLLARS AND 00 CENTS DATE :JUL 02/96 AMOiM******160.00 TO THE ORDER OF MEMO COUNTY HEALTH DEPARTMENT MONARCH COMMUNITIES OF CALIFORNIA ii'OOS COUNTY OF SAN DIEGO DEPARTMENT OF ENVIRONMENTAL HEALTH FO« SAM USE: Dita Racsivad Submfttal F*« Paid , Establishment t SITE ASSESSMENT AND MITIGATION DIVISION P. 0. BOX 85261 SAN DIEGO, CA 92186-5261 (619) 338-2222 VOLUNTARY ASSISTANCE PROGRAM APPLICATION INFORMATION FOR REVIEW OF SITE ASSESSMENT PROJECTS (PLEASE HEAD 8OTH SIDES OF THIS FOKU CAKEFVLLY PRIOX TO COMPLETION) A. Site Name - u; PST £Assessors Parcel Number: Site Address At 'ipQfjr _j2o/&.Q - £ . £ uu ^ g p (| iopg\j y .to Street Ciry Zip Cod£ B. Responsible party/Property owner C Street Comae: Person City Zip Code?c? Telephone f Invoices will be sent to this address unless other arrangements are made. Application Submitted by: Contact Person #0 ^fLrUT C / /^l . Telqjhone r 1 Company Name, Mailing Address , QJ c. a.Poa-T ./ C4- Street City Zip Code D. Brief Project Description waste tvpel SgLL g.gS t PgT/Ao 0 S" fo "- fe\?ligLNJ DISCS. | oO TH-C per < -t€.iurA-Ti\/gL I accept the oversight conditions listed on the back of this page and agree to pay all costs associated with this request within ,30 days of receiving an invoice. Si^nature/of Applicant Date (J DEH:HM-990 (1/95) Oversight Conditions: Senate Bill 1248 enacted the Health, and Safety Code sections 512 through 512.4 authorizing the Department of Environmental Health to enter into Voluntary agreements with Responsible Parties to provide oversight of remedial actions at sites contaminated by wastes. The Sice Assessment and Mitigation Division (SAM) will imliT? current guidelines and policies of this Department and the Regional Water Control Board [RWQCB] to reach site assessment and cleanup goals. • If the Responsible Party agrees to SAM oversight, complete and submit this form entitled APPLICATION FOR ASSISTANCE. Billing invoices will be sent the Responsible party [area B on application] unless prior arrangements are made. • SAM has the option of referring this case to the RWQCB or State Department of Toxic Substances Control [DTSC] at any time during the review process. • An initial fee of 5160 made payable to the County of San Diego is required at the of request submittal, which allows up to two hours SAM staff time. Paymenr for any staff time in excess of two hours will be billed and must be paid within 30 days of receipt of the invoice. The current billing rate is S80/hour. • A copy of all correspondence from SAM will be sent to the applicant and to the property owner. « Allow a mjntmum of 30 days for SAM to complete the review of a site assessment report. • Case files will be available to the public for review upon written request. SAM will notify DTSC and the RWQCB 10 days prior to accepting your case. I accept the above conditions and agree to pay all costs associated with this request within 30 days of receiving an invoice.,\\ $ i> 0. A<_.' *•>.• -'- T* , i-i <• 'D ~~)i,^~-^j^f'./^^^£~ — ,•?£?.;*.-.*.<.. _ £^ £. /, / 9 <f & Signature of Applicant v DEH.-HM-990 (1795) City of Carlsbad Planning Department May 14, 1996 Ladwig Design Group, Inc. 703 Palomar Airport Rd. #300 Carlsbad CA 92009 SUBJECT: CT 95-05/SDP 95-11/HDP 95-12 - EMERALD RIDGE EAST The preliminary staff report for the above referenced project will be available for you to pick up on Friday, May 17, 1996, after 8:00 a.m. This preliminary report will be discussed by staff at the Development Coordinating Committee (D.C.C.) meeting which will be held on Tuesday, May 28, 1996. A twenty (20) minute appointment has been set aside for you at 9:30 a.m. If you have any questions concerning your project, you should attend the D.C.C. meeting. It is necessary that you bring your required unmounted colored exhibit(s) with you to this meeting in order for your project to go forward to the Planning Commission. If you do not plan to attend this meeting, please make arrangements to have your colored exhibit(s) here by the scheduled time above. If you need additional information concerning this matter, please contact Anne Hysong, at (61 9) 438-1161, extension 4477. CITY OR CARLSBAD GARY E. WAYNE Assistant Planning Director 2O75 Las Palmas Dr. - Carlsbad, CA 92009-1576 • (619) 438-1161 • FAX (619) 438-O894 .Uicluiig Design Group, Inc. May 3, 1996 Ms. Anne Hysong City of Carlsbad Community Development Building Planning Department 2075 Las Palmas Drive Carlsbad, CA 92009-15 76 SUBJECT: EMERALD RIDGE EAST (CT 95-05/SDP 95-11/HDP 95-12) RE-SUBMITTAL (LADWIG DESIGN GROUP, INC. - J/N L-1017) Dear Anne: Per your letter to me dated April 11, 1996,1 am resubmitting the above project and I am enclosing: 1. City Check points 2. 15 copies each of the tentative map, site development plan, hillside development permit, constraints map, second dwelling unit floor plan and elevation and landscape plans - both 24" x 36" plans folded and reduced plans (8'/2 x 11) 3. Owner list, two sets of mailing labels, radius map, and the fee to cover the mailing of notices. (24 x $0.32 = $7.68 - Cash) Please accept the above and let me know if you need any additional items. You have requested the above items prior to May 9th and have indicated we are tentatively scheduled for the June 5th Planning Commission. Thank you for your help on this project. Sincerely, LADWIG DESIGN GROUP, INC. Robert C. Ladwig RCL:baw.l28 cc: Mr. Marc Palkowitsh, MSP California LLC Mr. David Bentley, MSP California LLC Mr. R. Gordon Craig, Monarch Communities of CA 703 Palomar flirport Road 4 Suite 300 4 Carlsbad, California 92009 (619) 438-3182 FflX (619) 438-0173 City of Carlsbad Planning Department April 11, 1996 Ladwig Design Group, Inc. 703 Palomar Airport Road, Suite 300 Carlsbad, CA 92009 SUBJECT: CT 95-05/SDP 95-11/HDP 95-12 - EMERALD RIDGE EAST Your application has been tentatively scheduled for a hearing by the Planning Commission on June 5, 1996. However, for this to occur, you must submit the additional items listed below. If the required items are not received by May 9,1996, your project will be rescheduled for a later hearing. In the event that the scheduled hearing date is the last available date for the City to comply with the Permit Streamlining Act, and the required items listed below have not been submitted, the project will be scheduled for denial. 1. 2. Please submit the following revised plans in accordance with the attached red-lined check prints. A) Fifteen copies of your (site plans, landscape plans, building elevation plans, floor plans, site constraints map, and hillside slope analysis and sections) on 24" x 36" sheets of paper folded into 8 1/2" x 11" size. B) One 8 1/2" x 11" copy of your reduced site plan, building elevation and floor plans. These copies must be of a quality which is photographically reproducible. Only essential data should be included on plans. As required by Section 65091 of the California Government code, please submit the following information needed for noticing and sign the enclosed form: A) B) Owners List - a typewritten list of names and addresses of all property owners within a 600 foot radius of the subject, including the applicant or owner. The list shall include the San Diego County Assessor's parcel number from the latest equalized assessment rolls. Mailing Labels - two (2) separate sets of mailing labels of the property owners within a 600 foot radius of the subject property. The list must be typed in all CAPITAL LETTERS, left justified, void of any punctuation. For any address other than a single family residence, an apartment or suite number must be included but Apt., Suite, and Bldg. # must NOT appear in the street address line. DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON LABELS. DO NOT provide addressed envelopes -PROVIDE LABELS ONLY. Acceptable fonts are: Swiss 721, Enterprise TM, Courier New (TT) no larger than 11 pt. Sample labels are as follows: UNACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave,. Apt #3 Carlsbad, CA 92008 UNACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave. Apt. #3 Carlsbad, CA 92008 ACCEPTABLE MRS JANE SMITH APT #3 123 MAGNOLIA AVE CARLSBAD CA 92008 2075 Las Palmas Dr. • Carlsbad, CA 92009-1576 • (619) 438-1161 • FAX (619) 438-O894 CT 95-05/SDP 95-11/HDP 95-12 - EMERALD RIDGE EAST April 11, 1996 Page 2 C) Radius Map - A map to scale, not less than 1" = 200', showing all lots entirely and partially within 600 feet of the exterior boundaries of the subject property. Each of these lots should be consecutively numbered and correspond with the property owner's list. The scale of the map may be reduced to a scale acceptable to the Planning Director if the required scale is impractical. D) Fee - A fee (check payable to the City of Carlsbad or cash only) shall be paid for covering the cost of mailing notices. Such fee shall equal the current postage rate times the total number of labels. Sincerely yours, ANNE HYSONC (J Associate Planner Attach AH:kr I HEREBY CERTIFY THAT THE PROPERTY OWNERS LIST AND LABELS SUBMITTED TO THE CITY OF CARLSBAD ON THIS DATE REPRESENT THE LATEST AVAILABLE INFORMATION FROM THE EQUALIZED ASSESSOR'S ROLES. APPLICATION NAME AND NUMBER APPLICANT OR APPLICANT'S REPRESENTATIVE BY DATE RECEIVED BY DATE STATE OF CALIFORNIA—THE RESOURCES AGENCY ^^~^ ^P^F PCTg WILSON, Governor CALIFORNIA COASTAL COMMISSION SAN DIEGO COAST AREA 3111 CAMINO DEL RIO NORTH, SUITE 200 5AN 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. MSP CALIFORNIA, LLC ; MSP CALIFORNIA. LLC MARCUS PALKOWITSH DAVID BENTLEY 650 CHERRY STREET, SUITE 435 3573 EAST SUNRISE DRIVE //221 DENVER. CO 80222 (303) 399-9804 TUCSON. AZ (520) 299-2179 (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 (629) 438-3182 (Area code/dayiime 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 oty county Assessor's Parcel Number(s) (obtainable (rom'tax bill or County Assessor): 212-040-32 & 36 FOR OFFICE USE ONLY REC3VEO 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.) Emerald Ridge West is a 62 lot standard single family R-l-7500 square-foot lots minimum subdivision with '61 residential- lots on 28.Q acres with one 8.3 acre open-space lot.and a remainder parcel of 27.4 acres. As one optior _to satisfy Carlsbad affordable housing requirements. 9 one bedroom second dwelling units are proposed to be mixed within the 61 market rate units. Also, 1 three bedroom affordable unit credit may be purchased offsite withir Carlsbad. The project proposes 47,000*cubic yards of grading. Sewage will flow offsite through Mar Vista (Coastal Application 6-96-46) to an existing trunk line near Palomar Airport Road. *NOTE: Grades on tentative map will be raised 3' to 5' and the dirt quantity will be reduced from 129,205 cubic yards to about 47,000 cubic yards to eliminate export previously needed to grade Hidden Valley 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 perunh (both existing and proposed) N/A Type of ownership proposal O rental D condominium O stock cooperative O time share n other b. If land division or lot line adjustment, indicate: Number of fats Existing lots 1 Proposed new lots 62 Net number of bts on completion of project 62 Size of lots- to b& created (indicate net or gross acreage} Existing 28.9 AC Proposed Open-space lot is 8.3 acres - R-l lots range from 7505 sq.ft. to 19,201 Estimated cost of development (not including cost of land) $N/A Project height: Maximum height of structure (ft.) •above existing (natural) grade N/A - Site Development Plan to follow. • above finished grade N/A - Site Development Plan to follow. • as measured from centeriine of frontage road N/A - site Development Plan to follow. Total number of floors in structure, including subterranean floors, lofts, and mezzanines N/A - site Development Plan to follow. 6. Gross floor area excluding parking (sq.ft.) N/A Gross floor area including covered parking and accessory buildings (sq.ft.)N/A 7. Lot area (within property lines) (sq.ft. Or acre) See 2b above. Lot coverage Building Paved area Landscaped area Unimoroved area Existing fsg.ft or acre) N/A N/A N/A N/A New proposed (sq.ft. or acre} Grand Total (should equal lot area as shown in #7 above} Total (sq.ft. or acre) 8. Is any grading proposed?.*See Note in Item 2 above.Yes O No //yes, complete fie Mowing. a) Amount of cut b) Amount of r$ c\ Amount of import or 1 export (circle which) 47.000* cu. yds. 47.000* cu. yds. 0 cu. yds. ^ Maximum height of ' cut slope A Maximum height of .; fill slope A Location of borrow ' or disposal site 8* ft. 14* 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. Please list any geologic or other technical reports of which you are aware that apply to this property Geo-soiis, inc. 9/6/94 Report/ 7/6/95 Letter 9. Parking: Number of. parking spaces (indicate whether standard or compact} Existing spaces 0 Proposed new spaces 2 x 61 = 122 min. 1x9= 9 min. 13] 122 covered std. space 9 uncovered Net number of spaces on completion of project 122 min. s Is any existing parking being removed? If yes, how many spaces? O Yes No size N/A Is tandem parking existing and/or proposed?... If yes, how many tandem sets? 9 Yes O No Size 8 x 20 (Allowed for 2nd dwelling units 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 ;O Yes O Yes O Yes 13 Yes xu Yes a NO a NO a NO a NO a NO Will electric or telephone extensions be above-ground? O Yes xd No 11. Does project include removal of trees or other vegetation? O Yes x0 No If yes, indicate number, type and size of trees — 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 SK No if yes, describe b. Will any existing structures be demolished? Will any existing structures be removed? . O Yes O Yes No If yes to either question, site, if applicable. describe the 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 4. 6. 7. Has any application for development on this site including anysubdivision been submitted previously to the California Coastal Zone Conservation Commission or the Coastal Commission?O Yes No If yes, state previous application number(s) Is the development between the first public road and the sea (including lagoons, bays, and other bodies of water connected to the sea) If yes, is public access to the shoreline and along the coast currently available on the site or near the site? O Yes 0t No O Yes a No If yes, Indicate the. location andtiafure of the access, including thedstance from the project site, if applicable. 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 a Yes No b) filling c) dredging d) placement of structures O Yes a Yes j££ Yes (Offsite sewer line nearby Encinas Creek per Coastal Permit 6-95-141) (Carlsbad No O NO Municipal Water District and Mar Vista A t • , <- -i -. ., *•„ _, , x Coastal Permit 6-96-46)Amount of material to be dredged or filled (indicate which) cu. yds. Location of dredged material disposal site — Has a U.S. Army Corps of Engineers' permit been applied for?Yes gfc No gc No Will the development extend onto or adjoin any beach, tideiands, submerged lands or public trust lands? Off site sewer does not cross waters Q Yes [_ of U.S. For projects on State-owned lands, additional information may be required as set forth in Section IV, paragraph 10. Will the development protect existing lower-cost visitor and recreational facilities? ..................... ?/£ ................................................................... rj Yes a No Will the development provide public or private recreational opportunities?Yes No If yesr explain* A- portion of Emerald of a City wide trail Ridge West along the system is shown within the west side of Hidden Valley boundaries Road. 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? 17 Acres _ 9. Is the proposed development in or near a. Sensitive habitat areas (Biological suivey may be required) ......................... EK Yes O No b. Areas of state or federally listed rare, threatened, or endangered species... Sk Yes O No C. 100-year floodplain (Hydrologic mapping may be required) ........................... O Yes ]Q No d. Park or recreation area ....................................................................... dx Yes O No 10. is the proposed development visible from: a. State Highway 1 or other scenic route .................................................. O Yes 33 No b. Park, beach, or recreation area ............................................................ O Yes f£ No c. Harbor area ........................ ............................................................... O Yes £? No 1 1 . Does the site contain any: (if yes to any of the following, please explain on an attached sheet) a. Historic resources ......................................... .................................... O Yes g No No mitigation required - Site are not ti. Archaeological' resources ...toBS£tant..und.er. .C.EQA ..& .Car.i.sJp.ad.;.. -, ^ yes- • :- -r-j --NO Guidelines. . c. Paleontoiogical resources .................................................................... £g Yes O No 1 2. Where a stream or spring is to be diverted, provide the following information: Estimated streamflow or spring yield (gpm) 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 4 V8"). 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 ail 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 clearly 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. - 5n- 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 Final 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 development" 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, 7 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 ft 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 all 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 no sgetif, signature of Applicant NOTE: IF SIGNED ABOVE BY AGENT, APPLICANT MUST SIGN BELOW, SECTION VIII. AUTHORIZATION OF AGENT I hereby authorize Robert c. Ladwig/LADWiG DESIGN GROUP, INC. to act as my representative and to bind me in all matters concerning this application. Signature of Applicants] (Only tfie applicants) may sign here to authorize an agent) 8 APPLICATION FOR COASTAL DEVELOPMBtf 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 Altemate(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 or Applicant or Authorized Agent Date Please print your name Marcus s. Palkowitsh APPLICATION FOR COASTAL DEVELOPMENT PERMIT APPENDIX B LOCAL AGENCY REVIEW FORM SECTION A (TO BE COMPLETED BY APPLICANT) Applicant MSP CALIFORNIA, LLC (Marcus PraifiCt DescriDtfonrrojeci uescnpuun _ FDGE mST ~ A fingle family R-l-7500 sq.ft. minimum subdivision. Ac. open-space lot - 61 STD in<-g with pnt-pnMai fnr Q nngjte second dwelling units and purchase aof ' 1 of fsite credit for a 3 bedroomarrordaole unit. _ Location South of Palomar Airport Road - Rasf of Valley Road - Zone 20 Cit of Carlsbad. HP!nf Hidden Assessor's Parcel Number 212-040-32 & 36 SECTION B (TO BE COMPLETED BY LOCAL PLANNING OR BUILDING INSPECTION DEPARTMENT) Zoning Designation R-( -TjSbo - C? General or Community Plan Designation Rp^ Local Discretionary Approvals du/ac du/ac Proposed development meets all zoning requirements and needs no local permits other than building permits. Proposed development needs local discretionary approvals noted below. Needed Received ••••..-• O D Design/Architectural review O D Variance for ' O o Rezonefrom ' err O D ® D a a o s D O CEQA Status O Categorically Exempt Tentative Subdivision/Parcel Map No. Grading/Land Development Permit No. Planned Residential/Commercial Development Approval Site Plan Review SDf ?s-o* Condominium Conversion Permit Conditional, Special, or Major Use Permit No. Other H-./oU- C/ass _ Item Z-?. /Negative Declaration Granted (Date) O^TQ): Environmental Impact Report Required, Final Report Certified (Date.). Other Prepared for th^C^County of Date *-/- 2.Title 10 Application No... APPLICATION FOR COASTAL DEVELOPMENT PERMIT APPENDIX C UST OF PROPERTY OWNERS AND OCCUPANTS WITHIN 100 FEET AND THEIR ADDRESSES (MAKE ADDITIONAL COPIES OF THIS SHEET AS NECESSARY) 211-040-14 CHRISTA MCREYNOLDS 2316 CALLE CHIQUITA LA JOLLA CA 92037 211-040-33 CARLTAS ASSOCIATES 5600 AVENIDA ENCINAS #100 CARLSBAD CA 92008 212-040-35 AND 48 RICHARD & ROBERT KELLY 2770 SUNNY CREEK ROAD CARLSBAD CA 92008 212-040-39 JAMES UKEGAWA 6145 LAUREL TREE ROAD CARLSBAD CA 92009 212-040-47 SIM USA INC 1400 FLAME TREE LANE CARLSBAD CA 92009 212-040-41 PACWEST LTD 550 WEST C STREET //1750 SAN DIEGO CA 92101 214-140-07 SAMBI SEASIDE HEIGHTS LLC 8649 FIRESTONE BLVD DOWNEY CA 90241 214-140-13 CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD CA 92008 11 APPENDIX D DECLARATION OF POSTING Prior to or at the time the application is submitted for fifing, 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 leams of such failure. 14 Cal. Admin. Code Section 13054(b). Please sign and date this Declaration of Posting 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 _4r[ *r / /^ , | or my authorized representative posted the Notice (dale ot posting) of Pending Permit for application to obtain a coastal development permit for the development of EMERALD RIDGE WEST - 1 open-space lot - 61 single family lots - With alternative for 9 onsite second dwelling units and purchase of 1 offsite Credit for a 3 bedroom affordable unit. (description ot ceveiopment) " ' ~ Located at Zone 2°'~ s°uth of Palomar Airport Road - East of Paseo del Norte - West of Hidden Valley Road - City of Carlsbad. CA —212-040- ' (address or aevefopmem or assessors parcei number) "~~~ ~~ The public notice was posted at the south west corner of the property. (a conspicuous piace, easily seen oy the public and as close as possioie 10 the site of tne proposeo development) (signature)// (date) 2 & 36 NOTE: Your application cannot be processed until this Declaration of Posting is signed and returned to this office. FOR OFFICE USE OHLY PERMIT NUMBER REC3VED DECLARATION COMPLETE 12 NOTICE OF PENDING PERMIT A PERMIT APPLICATION FOR DEVELOPMENT ON THIS SITE IS PENDING BEFORE THE CALIFORNIA COASTAL COMMISSION, PROPOSED DEVELOPMENT: wAtO {ZVDC,g- A LOCATION: o^Ttv <9t=- 1/M-LLg-v APPLICANT: 1M.*S.P. efiu\tt><Luik, APPLICATION NUMBER: DATE NOTICE POSTED: 4-/4 FOR FURTHER INFORMATION, PLEASE PHONE OR WRITE THE OFFICE LISTED BELOW BETWEEN 8 AM AND 5 PM, WEEKDAYS, CALIFORNIA COASTAL COMMISSION SAN DIEGO COAST AREA OFFICE 3111CAMINO DEL RIONORTH, SUITE 200 SAN DIEGO, CA 92108-1725 (619) 521-8036 Uicluiig Design Groim, Inc. April 4, 1996 Mr. Bill Ponder Coastal Analyst California Coastal Commission San Diego Coastal Area 3111 Camino del Rio North, Suite 200 San Diego, CA 92108 SUBJECT: EMERALD RIDGE WEST - A SINGLE FAMILY SUBDIVISION IN ZONE 20 IN THE CnY OF CARLSBAD, CA/REQUEST FOR COASTAL COMMISSION APPROVAL OF CT 95-03, SDP 95-06, HDP 95-06, ALONG WITH LCPA 94-04, AND ZC 94-04 THAT WAS APPROVED WITH MAR VISTA (COASTAL PERMIT APPLICATION NO. 9-96-46 (LADWIG DESIGN GROUP, INC. - J/N L-1017) Dear Bill: Please accept the attached information and our request for a Coastal Development Permit for Emerald Ridge West. 1. Copy of tax bill showing applicant's legal interest in property. 2. Assessor maps marked to show adjacent properties within 100 feet of Emerald Ridge West. 3. One set of stamped envelopes for surrounding owners/occupants within 100 feet, as requested. 4. One vicinity map. 5. One set of the folio whig exhibits: • Emerald Ridge West Tentative Map (CT 95-02), 1 through 6 of 6. • Emerald Ridge West Site Development Plan (SDP 95-06), 1 of 1. • Emerald Ridge West Conceptual Architecture for 2nd Dwelling Units, 1 and 2 of 2. • Emerald Ridge West Landscape Concepts, 1 of 1. • Emerald Ridge West Constraints Map, 1 of 1. • Emerald Ridge West Hillside Development Permit (HDP 95-06), 1 of 1. • Aerial Photo Vicinity Map (24" x 36"), 1 of 1. • Reduced plans (81/2" x 11") for Tentative Map, Landscape Concepts, Conceptual Architecture, Hillside Permit, Constraints Map, and Site Development Plan. • Preliminary Title Report (First American - No. 1110572-22, 9/20/95). 6. One copy of Housing Commission Resolution No. 96-002 Recommending Approval of nine second dwelling units affordable to low income households within Emerald Ridge West. 7. Copy of U.S. Fish and Wildlife service letter (3/6/96) concurring with mitigation requirements for Mar Vista and Emerald Ridge projects. Also, the offsite sewer for Mar Vista and Emerald Ridge West has already been approved under Coastal Permit No. 6-95-141 processed by the Carlsbad Municipal Water District. 703 Palomar Rirport Road * Suite 300 4 Carlsbad, California 92009 (619) 438-3182 FRX (619) 438-0173 Mr. Bill Ponder April 4, 1996 Page 2 This sewer will provide service for Mar Vista, Emerald Ridge West, portions of Greystone Homes (Coastal Application No. 6-96-20), the City's Poinsettia Park (Coastal Permit No. 6-92-182) and Sambi Seaside Heights (Coastal Permit No. 6-94-13 1). 8. Copies of Geo-Soils, Incorporated' s soils report and letter dated 9/6/94 and 7/6/95. 9. Copies of signed Planning Commission Resolution Numbers 3880, 3881, and 3882. I have also included a signed copy of City Council Resolution No. 96-1 18 approving a Mitigated Negative Declaration, and Mitigation Monitoring and Reporting Program, CT 95-03, SDP 95-06, and HDP 95-06. 10. On April 4, 1996, 1 have or will have posted the Pending Permit Notice card at the south west corner of the property. 11. I am including a check in the amount of $8,955.00 for the appropriate filing fee. It is based on $120 x 71 units (61 SFD + 10 affordable units) = $8,520 plus the grading fee of $200 + $235 for a total of $8,955.00. 12. The attached application is signed in three places as requested and I have answered all the applicable questions. You will notice that the previously approved 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. 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.l23 cc: Mr. Jeff Gibson, City of Carlsbad Ms. Anne Hysong, City of Carlsbad 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 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: Don Rideout) # 1-6-HC-96-173 • .Uicluuig Design Group, Inc. March 26, 1996 Mr. Evan Becker Housing and Redevelopment City of Carlsbad 2965 Roosevelt, Suite B Carlsbad, CA 92008 SUBJECT: EMERALD RIDGE EAST CT95-05, SDP 95-11, AND HDP95-12 (LADWIG DESIGN GROUP, INC. - J/N L-1017) Dear Evan: Emerald Ridge East has been accepted as a complete application and will be ready for Planning Commission in six to eight weeks. This project contains 60 Rl 7500 lots and is proposing to construct, as one option, nine second dwelling units onsite and purchase one credit for a three- bedroom unit offsite. I have attached to this application, nine copies of the reduced site plan and architecture for the second dwelling units along with nine copies of the full scale architectural plans and site development plans. In addition, I have included nine copies of a photo vicinity map for the project. We ask that you please present this project to your Housing Commission at your next meeting, which is April 11, 1996, and ask them to review the three major aspects of the project, which include the project's ability to serve the City's housing needs, the project's consistency with the City's affordable housing policies and the project's feasibility. Please look everything over and if you need additional copies or any items are not clear, please get in touch. Sincerely. LADWIG DESIGN GROUP, INC. Robert C. Ladwig RCL:klb.l21 Attachments cc: Ms. Anne Hysong, City of Carlsbad Mr. Marc Palkowitsh, MSP California LLC Mr. David Bentley, MSP California LLC Mr. R. Gordon Craig, Monarch Communities 703 Palomar flirport Road *• Suite 300 *• Carlsbad, California 92009 (619) 438-3182 FflX (619) 438-0173 Uiduiig 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 (S1/^" 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 Rirport Road + Suite 300 +• 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 offsite 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 akeady 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 Staff Report 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 Page3 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 CITY OF CARLSBAD COMMISSION REVIEW I. APPLICANT/DEVELOPMENT TEAM INFORMATION Name of Applicant: Ladwig Design Group, Inc. • Robert C. Ladwig Mailing Address: 703 Palomar Airport Road, Suite 300 Carlsbad, CA 92009 Telephone No.: (619) 438-3182 FAX (619) 438-0173 Identify Development Team (ie., developer, builder, architect, etc.): Developer: MSP California, LLC & MSP California, LLC Marc Palkowitsh David M. Bentley 650 S. Cherry Street 3573 East Sunrise Drive Suite 435 Suite 221 Denver, CO 80222 Tucson, AZ 85718 (303) 399-9804 (520) 299-2179 H. GENERAL PROJECT INFORMATION Project Name: EMERALD RIDGE EAST (CT 95-05) Describe General Location of Project: South of Palomar Airport Road, East of Hidden Valley Road, just North of Poinsettia Park. Project Address: Site Parcel No(s).: 212-040-32 & 36 Total Number of Ajffordable Units Required (if applicable): 10 (100588) Total Number of Affordable Units Proposed: 10 Type of Units (ie., garden apartments, detached, etc.): 9 - 2nd Dwelling Units On-site and Purchase of 1 - 3 Bedroom Credit Offsite plus Payment for 0.588 Units. Size (in square feet) of each Unit: 640' max for each on-site 2nd dwelling unit. Bedroom Size Distribution of Units: 9-1 bedroom units on-site plus purchase of 1 - 3 bedroom credit offsite. Describe any special features/amenities to be included within project: Adjacent to Poinsettia Park in Zone 20.A proposed City wide trail segment is within the project. All lots are 7500 square feet or more and many units will have ocean views. 2 large natural open-space lots will be left undeveloped at the north and south end of the project and buffer the development from adjacent properties. Housing Commission Review Application p-><»» i TERMS OF AFFORDABlJhr FOR AFFORDABLE UNITS (ATTA NECESSARY) DITIONAL INFORMATION IF Targeted Income Levels (as % of area median): Rental units @ 80% of County Median Target Population (ie., families, seniors, etc): Single rentals Monthly Rent (by bdr. size) or Sales Price of Units: Within rental rate limits established by City affordable criteria. Term of Affordability (ie., 30 yrs, life of project, etc.): As required by City. Projected Schedule for Construction of Affordable Housing Units:^ j t 1 te 1997 If the affordable units are being constructed to satisfy the City of Carlsbad's Lnclusionary Housing requirement, how will they be phased with respect to construction of the market rate units? Please Explain Project Phasing: The proposed 2nd dwelling units will be built in conjunction with and proportion to the market rate units. IV. FINANCIAL INFORMATION ON AFFORDABLE HOUSING PROJECT Please attach a copy of development and operating financial proformas showing sources and uses of funds to accomplish the affordable units proposed in this application. In the proformas, please identify your subsidy sources and appropriate justifications for use of these sources. N/A Describe the local financial assistance or incentives, if any, including specific terms desired for the affordable housing project which you are, or will be, requesting from the City of Carlsbad: None Identify any other project conditions which may be relevant to project feasibility: Because the affordable/inclusionary housing character of the proposed product is untested in a new subdivision setting, feasibility is not yet proven. Housing Commission Review Application Pa?e2 pe • ^^ •: f. REQUIRED ATTACHMENT^O APPLICATION The following items must be attached to this application: • Site Development Plan for Affordable Housing Units; • Narrative describing how the project meets the Housing Needs and Priorities as expressed within the City of Carlsbad's Housing Element and Comprehensive Housing Affordabiiity Strategy; • Narrative on the project's consistency with the Ciry of Carlsbad's Affordable Housing Policies as expressed in the Housing Element, Inclusionary Housing Ordinance, General Plan and other related documents; • Development and Operating Financial Proformas indicating sources and uses of funds for the project, including justification and identification of subsidy sources; • Complete description of financial assistance or incentives including specific terms that are, or will be requested from the Ciry of Carlsbad for the project, if applicable; and, • Completed Disclosure Statement of Ownership Interests within the project. VI. APPLICATION SIGNATURES Property Owner Name, Address and Telephone No.: MSP California, LLC 650 S. Cherry Street, Suite 435 Denver, CO 80222 1(303) 399-9804 I, the undersigned, do hereby certify that I am the legal owner of the subject property and that the above information is true and correct to the best of my knowledge. Signature Marus Palkowitsh I, the undersigned applicant, do hereby certify that I am the representative of the legal owner of the subject property and that the above information is true and correct to the best of my knowledge. Applicant Signature:Date Robert C. Lad-wig, Pres:ycent THE BOX BELOW IS FOR CITY USE ONLY Date Application Received: Application Received By: Staff Recommendation: Date of Housing Commission Review: Action on Application by Housing Commission: Other Comments: Housing Commission Review Application Page 3 Lciduiig Design Group, Inc. March 11, 1996 Mr. Marc Palkowitsh MSP California LLC 650 South Cherry Street Suite 43 5 Denver, CO 80222 SUBJECT: EMERALD RIDGE/MAR VISTA - LETTER FROM U.S. FISH AND WILDLIFE (LADWIG DESIGN GROUP, INC. - J/N L-1017) Dear Marc: The long awaited letter from Fish and Wildlife has finally arrived. They concur with our Biologist on the mitigation ratios and give first preference to offsite acquisition of 0.97 acres within a Coastal San Diego County mitigation bank or other site. As we discussed earlier, I have contacted Mr. James Jackson at B of A and he will send me an agreement for acquiring the 0.97 acres of mitigation credit. Please call if you have any questions. Sincerely, LADWIG DESIGN GROUP, INC. Robert C. Ladwig RCL:klb.ll6 Enclosure cc: With Enclosure Mr. Jeff Gibson, City of Carlsbad Ms Anne Hysong, City of Carlsbad Mrs. Christa McReynolds Mr. David Bentley, MSP California LLC Mr. R. Gordon Craig, Monarch Communities of CA Ms. Lisa Embree, Brian F. Mooney & Associates 703 Palomar Rirport Road 4 Suite 300 4- Carlsbad, California 92009 (619) 438-3182 FflX (619) 438-0173 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 6R 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 californicd) 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 r 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. ^Sincerely, / /r cc: CDFG (attn: Bill Tippets) City of Carlsbad (attn: Don Rideout) #l-6-96-HC-100 tich Field Supervisor United States Department of the Interior FISH AND WILDLIFE SERVICE Ecological Service Carlsbad Field Office _ , * I I2730 Loker Avenue West Carlsbad, California 92008 LAQWIG DESIGN OR 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 californica) was observed in the northeastern comer of the site in July 1995. Proposed impacts on Emerald Ridge West as a result of the proposed tentative map includes the lo§s 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 Calle 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). \Q^^ . /• ;/ \\yy\s 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. GaU-C.Kdbetich Field Supervisor cc: CDFG (attn: Bill Tippets) City of Carlsbad (attn: Don Rideout) #l-6-96-HC-100 TATE 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-S036 APPLICATION FOR COASTAL DEVELOPMENT PERMIT 'I SECTION I. APPLICANT 1. Name, mailing address, and telephone number of all applicants. MRS. CHRISTA M0 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/daytime 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 dry 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 O 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 lots on completion of project 50 Size of lots to be created (indicate net or gross acreage} Existing 34,3 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) . $ N/A 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 centerline 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.) Gross floor area including covered parking and accessory buildings (sq.ft.) _ 9. 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.it. or acre) N/A N/A N/A N/A New proposed (sq.ft. or acre} Grand Total (should equal lot area as shown in #7 above) Tataf (sq.ft or acre) 8. Is any grading proposed?.x Yes a No // yes, complete Ifie following. a) Amount of cut b) Amount of 7i c\ Amount of import or export (circle which) 47.000 cu.yds. 47,000 cu.yds. o cu. yds. j*. Maximum height of ' cut slope Ai Maximum height of --; fill slope f\ 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 parking 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. ! Is any existing parking being removed? If yes, how many spaces? N/A O Yes No size N/A Is tandem parking existing and/or proposed? If yes, how many tandem sets? Yes D Size 8 x 20 (Allowed for 2nd dwelling units 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 p: Yes S Yes O Yes Et Yes £J Yes O No D No O No a No a No Will electric or telephone extensions be above-ground? ................................ O Yes 11. Does project include removal of trees or other vegetation? ........................... O Yes If yes, indicate number, type and size of trees ~~~ or type and area of other vegetation No No 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 ifyesf describe b. Will any existing structures be demolished? D Yes £5 No Will any existing structures be removed? O Yes ^ No If yes to either question, describe site, if applicable. the type of development to be demolished or removed,, including the relocation 2. Is the proposed development to be governed by any Development Agreement?Yes & No 3. Has any application for development on this site including anysubdh/ision been submitted previously to the California Coastal Zone Conservation Commission or the Coastal Commission? O Yes £3 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? If yes, fndicate the location and nature of the access, including the distance from the prqect site, if applicable. t 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 O Yes O Yes O Yes ££YeS (Sewer line nearby Encinas Creek per Coastal Permit 6-95-141) (Carlsbad EKNO 0[NO £K NO a NO Municipal Water District) Amount of material to be dredged or filled (indicate which) _ _ cu. yds. Location of dredged material disposal site — _ Has a U.S. Army Corps of Engineers' permit been applied for? .................... O Yes El No 6. Will the development extend onto or adjoin any beach, tidelands, submerged lands or public trust lands? .sewer.dpes..not..cr.Q.s.s..w3.t;.ers..fif..u^S- a Yes £K 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? ............................................................................ fl/A ............ a Yes a No Will the development provide public or private recreational opportunities? ....... O Yes yg 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) rjDt Yes O No b. Areas of state or federally listed rare, threatened, or endangered species... Sc Yes O No C. 100-year floodplain (Hydrologic mapping may be required) O Yes S& No d. Park or recreation area Ixk 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 }Q No c. Harbor area O Yes £3 No 11. Does the site contain any: (If yes to any of the following, please explain on an attached sheet) a. Historic resources D Yes £3 No •b. Archaeological resources ...;.. O Yes ""'• :O No c. Paleontological resources Qx 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 4 V8"). 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 clearly 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 1 1 " 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 development" 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 all 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 ris/agent, 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. to act as mv representative and to bind me in all matters concerning this application. Signature of Asplicant(s) (Only the applicant(s) may sign here to authorize an agent) APPLICATION FOR COASTAL DEVELOPMENT PERMIT APPENDIX A DECURATION 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 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 sq. ft. minimum 1-19 Ac. open-space lot - 49 SFD lots with potential for R second dwelling units. South nf PalrmiaT- Airport Road - East nf Pagpn Hoi NortP - Zone 20 City . T . of Carlsbad. Assessor's Parcel Number 21 1-040-14 SECTION B (TO BE COMPLETED BY LOCAL PLANNING OR BUILDING INSPECTION DEPARTMENT) Zoning Designation _ f\~l"~ ^Ssp - (3( __ du/ac General or Community Plan Designation Pus^cL^, J Yv\gj'i uno V~ % du/ac Local Discretionary Approvals O Proposed development meets all zoning requirements and needs no local permits other than building permits. TJ& Proposed development needs local discretionary approvals noted below. Needed Receded •••••-• d o Design/Architectural review Variance for Rezonefrom P^y^ C0^Tyv^.;tN, j' g [S Tentative Subdivision/Parcel Map No. CT Li o Grading/Land Development Permit No. Planned Residential/Commercial Development Approval Site Plan Review ^>Pf ?f-/o Condominium Conversion Permit Conditional, Special, or Major Use Permit No. m ® Other H'.lV.jb. D^v. ?*r^f - ti-pp CEQA Status O Categorically Exempt C/ass Item Negative Declaration Granted (Date) CX^W 3 / 775~ Environmental Impact Report Required, Final Report Certified (Date) FT>v>.( £IR 70-03 Other Date Vv^^glo \z_ . /y^c Title ^4-s.so^, 10 Application No... APPLICATION FOR COASTAL DEVELOPMENT PERMIT APPENDIX C UST OF PROPERTY OWNERS AND OCCUPANTS WITHIN 100 FEET AND THEIR ADDRESSES (MAKE ADDITIONAL COPIES OF THIS SHEET AS NECESSARY) 2]1-040-30 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 i 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 genera! 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 leams of such failure. 14 Cal. Admin. Code Section 13054(b). Please sign and date this Declaration of Posting 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 13Q54(b), I hereby certify that on March 19, 1996 | or mv authorized representative posted the Notice (date 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 (address 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 by the public and as close as possible to the site of the proposed development) (signature) / March -19, 1996 (daiej 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 Uiclwig Design Group, Inc. March 19, 1996 »:;?rr:;,' esi^w^i MAR I 9 Ms. Anne Hysong CITV' OF g':Uh ^ ; ^q f. ^ City of Carlsbad ^iA''.l'_ _f:;: L :' "-'7^*"' Planning Department 2075 Las Paknas Drive Carlsbad, CA 92009-1576 SUBJECT: EMERALD RIDGE EAST (CT95-05/SDP95-11/HDP95-12) RE-SUBMITTAL (LADWIG DESIGN GROUP, INC. - J/N L-1017) Dear Anne: Please accept the enclosed package of items as our re-submittal in response to your letter to me dated March 8, 1996 and Mike Shirey's letter to you dated March 5, 1996. As requested, I have asked for a 90-day extension to allow time for review and scheduling. Alex Pantich has responded to your Item Numbers 2, 3, and 4 along with sewer and drainage Item Numbers 1 and 2 and Mapping Item Numbers 4 and 5. I have enclosed a request for Modification to Development and Design Standards to the Hillside Regulations in response to your Item No. 5. (I believe you were referring to Lot 62 and not Lot 63 as noted in your letter for Item No. 5.) For Soils and Grading No. 3, we have dropped the request to develop in two phases, so this item no longer applies. I am enclosing, hi addition to the above: Five blueline prints of the amended Tentative Map. Five blueline prints of the amended Landscape Plan. Five blueline prints of the amended Site Development Plan. Redline check prints from Larry Black and Engineering. 703 Palomar fiirport Road *• Suite 300 4 Carlsbad, CaJifornia 92009 (619)438-3182 FflX (619) 438-0173 Ms. Anne Hysong March 19, 1996 Page 2 Please review the enclosed and call if you have any questions. We have responded to ail your comments and concerns and ask that we be scheduled for the Planning Commission at the earliest time available. Sincerely, LADWIG DESIGN GROUP, INC. Robert C. Ladwig RCL:klb.ll9 Enclosures cc: Mr. Mike Shirey, City of Carlsbad Mr. Marc Palkowitsh, MSP California LLC Mi-. David Bentley, MSP California LLC Mr. R. Gordon Craig, Monarch Communities of CA Uicluiig Design GroupTlnc. EMERALD RIDGE EAST - CT95-05/SDP95-11/HDP95-12 MAR 1 9 1995 REQUEST FOR MODIFICATION TO DEVELOPMENT AND C ffy r DESIGN STANDARDS - HILLSIDE REGULATION - PER CODE SECTION 21.95.070 This project is in the potentially acceptable range of hillside grading volumes - 8,835 cubic yards per acre. (176,700 CY -^ 20 AC = 8,835). Emerald Ridge East is designed to fit the existing site conditions. 40 percent slopes are preserved as required in the ordinance. Significant natural open space areas are retained on the visible north slope facing Palomar Airport Road, and along the south edge of the property to provide a buffer to natural areas with sensitive wildlife and habitat. The area of requested modification is relief from the requirement that slopes shall not be greater than 30 feet in height. As proposed, the only slope on the project that exceeds 30 feet in height is along the east side of "C" Street (open space lot 63) between street stations 4+40 and 6+50. The slope height goes to 38 feet for about 75 lineal feet and transitions back to 30 feet and less hi each direction over a total length of slope of 200 feet. We request approval of a modification to slope height based on the following: • Hidden Valley Road is graded and is the west edge of this subdivision. To reduce the slope to 30 feet would require raising Hidden Valley Road 5 to 10 feet above its existing grade. This would create more slope on the west side of Hidden Valley Road in an area of sensitive habitat - Wetlands and Coastal Sage Scrub. • Raising "C" Street 8 feet would increase grades on "B" Street which already are at 10 percent. This would require raising Lots 19 through 26 the 8 feet. We would then have a slope greater than 30 feet down to Lots 10 through 18. Raising this area would reduce cut and increase fill and could throw the project out of balance and increase overall grading quantities. • Raising lots in the northerly portion of this subdivision will reduce the amount of natural open space as proposed by increasing the area of fill slopes. • "C" Street is a single loaded street (lots only on one side of the street). This was done to minimize grading impacts and to stay off the major 40 percent slopes in the area and to preserve the north facing natural slope that is visible from Palomar Airport Road. Based on the above, we request modification to the slope height standards of the Hillside ordinance. RCL:klb.ll3 L-1017 2/28/96 703 Palomar flirport Road 4- Suit© 300 4 Carlsbad, California 92009 (619)438-3182 FF1X (619) 438-0173 City of Carlsbad Planning Department March 8, 1996 Ladwig Design Group, Inc. 703 Palomar Airport Road, Suite 300 Carlsbad, CA 92009 SUBJECT: CT 95-05/SDP 95-11 /HDP 95-12 - EMERALD RIDGE EAST The Planning Department has completed a review of your January 26, 1996 plan submittal for the subject project. Staff identified the following issues/plan corrections which require resolution prior to scheduling the project for hearing: 1. Please submit a letter requesting a 90 day extension to enable continued review of the project and scheduling for public hearing within State mandated time limits. 2. Please change Item 23 under General Notes to state "per the R-1-Q Zone". 3. See the attached Planning Review check print for areas requiring the dedication to the HOA of an open space and maintenance easement. Please identify these areas clearly on the tentative map. Additionally, lot lines on the tentative map must be redrawn as shown on this exhibit and lot areas recalculated. 4. Please show a cross section of the proposed trail. Is additional grading required to construct the trail or is the existing dirt road an adequate width to accommodate the trail with no additional grading required? If additional grading is required, please indicate on the plan and identify biological or other impacts associated with the grading. 5. The Hillside Development Ordinance limits cut or fill slope heights to 30 feet. The Hillside Ordinance is more restrictive that the Grading Ordinance with regard to slope height. Unless justification is provided for the modification of the 30' maximum height slope standard in accordance with Section 21.95.070 of the Hillside Ordinance, these slopes must be reduced in height to 30' or less. 6. The 30' rear setback line proposed on Lots 46 through 49 adjacent to natural open space Lot 63 is not consistent with the Zone 20 EIR recommendation of a 60' buffer. The proposed 30' buffer will result in the removal of natural vegetation due to the City's Fire Suppression requirements. A 60' buffer will be required to avoid this removal. 7. Please make the changes requested by Larry Black on the attached landscape check prints. The Engineering Department has also completed a second review of the above referenced project. Prior to staff making a determination on the project, the following engineering issues of concern must be resolved or adequately addressed: 2O75 Las Palmas Dr. • Carlsbad, CA 92009-1576 • (619) 438-1161 • FAX (619) 438-0894 CT 95-05/SDP 95-11/HDP 95-12 - EMERALD RIDGE EAST March 8, 1996 Page 2 Sewer and Drainage 1. After further analysis, staff has determined that the terrace drains at the top of the manufactured slopes, along the easterly boundary line, are not required. Therefore, please delete all of these drains. 2. Thank you for adding the text: "20" Storm Drain Easement" at the southerly storm drain at Hidden Valley Road (HVR). It seems that adding this text to the northerly storm drain was inadvertently left off, however. Therefore, again, please add this text to this storm drain. Soils and Grading 3. As discussed on the telephone, please indicate the phasing boundaries on the tentative map. Also, indicate the grading that will be required for each phase and how the grading will be completed. This must be indicated as a preliminary phasing exhibit and included as part of the tentative map plan set. Mapping 4. The 50 scale plan sheets lack some of the information which is indicated on the 100 scale tentative map sheets. This is probably only a CAD error. Please make sure on the final submittal that identical information is depicted on both the 100 scale and 50 scale plan sheets. 5. Please place public slope easements on all on-site natural slopes, stating that the maintenance responsibilities will be provided by the project homeowners association. Red lined check prints are attached for your use. These check prints must be returned with the revised plans to facilitate continued staff review. If you have any questions, please contact me at (619) 438-1161, extension 4477 or Mike Shirey at extension 4388. Sincerely, ANNE HYSO Associate Planner \J AH:kr Chris DeCerbo Mike Shirey Bob Wojcik Attachments Lcicluiig Design Group, Inc. January 26, 1996 Ms. Anne Hysong City of Carlsbad Planning Department 2075 Las Palmas Drive Carlsbad, CA 92009-1576 SUBJECT: EMERALD RIDGE EAST (CT95-05/SDP95-11/HDP95-12) TIME EXTENSION (LADWIG DESIGN GROUP, INC. - J/N L-1017) Dear Anne: Pursuant to your suggestion, we ask for a 90-day extension, for the above application, to enable continued review and scheduling for public hearing within State mandated time limits. Sincerely, LADWIG DESIGN GROUP, INC. / rT^^^t^<s~ f Robert C. Ladwig RCL:klb.ll2 Enclosures cc: Mr. Marc Palkowitsh, MSP California LLC Mr. David Bentley, MSP California LLC 703 Palomar flirport Road *• Suite 300 4 Carlsbad, California 92009 (619) 438-3182 FflX (619) 438-0173 . .Lciduiig Design Group, Inc. January 26, 1996 Ms.AnneHysong City of Carlsbad . , Planning Department ~ 2075 Las Palmas Drive " ' ' Carlsbad, CA 92009-1576 SUBJECT: EMERALD RIDGE EAST (CT95-05/SDP95-11/HDP95-12) (LADWIG DESIGN GROUP, INC. - J/N L-1017) Dear Anne: Enclosed is our resubmittal of Emerald Ridge East reflecting the changes identified in your list of Issues of Concern dated November 3, 1995. I will follow the order that you have them listed in your letter. Our response is as follows: PLANNING 1. We have requested a zone change and it was approved on January 3, 1996 at the Planning Commission in conjunction with the Mar Vista application. 2. We have amended the notes to reflect nine second dwelling units proposed for onsite and the purchase of one offsite credit as allowed per City code. Also, under Item No. 2 you asked us to explain the intent of the builder to have the option of building second units on other lots within Emerald Ridge or satisfy the affordable housing requirement as allowed for by City code. The Ocean Bluff project plus Mar Vista and Emerald Ridge West were all approved with conditions that allow the applicant the option to do affordable projects in a number of ways. We want to retain this option and understand the requirement that we need to agree to a final option prior to the recordation of our final map and the approval of the City affordable housing agreement. 3. I submitted additional data earlier to you on this. You will notice that the map now reflects staying away from the two isolated areas within the project. We have also consulted with Brian F. Mooney Associates who has submitted a new letter as you requested, clarifying the impacts and the mitigation proposed in the biology report. 703 Palomar Rirport Road *• Suite 300 4 Carlsbad, California 92009 (619) 438-3182 FfiX (619) 438-0173 Ms. Anne Hysong January 26, 1996 Page 2 4. We have consulted with U. S. Fish & Wildlife Service and Coastal Staff and have amended the project to reflect their requirements. With the adjustment to the grading, we are now impacting only 2 percent of the "Dual Criterion" slopes (slopes steeper than 25% and containing sensitive habitat) onsite. I have asked for a letter from U.S. Fish & Wildlife Service indicating their acceptance of our proposal and expect to receive it from Ken Corey next week. 5. We have shown Trail Segment Link No. 31 as requested. 6. We have shown the buffer as recommended in the Zone 20 EIR. In addition, we are proposing to thin out the coastal sage scrub opposite Lots 46 through 49 and our biological impacts have been increased by that additional amount to reflect the change. 7. We have yet to receive any comments from the City's landscape consultant. 8. We understand that we need to follow up with an amended site development plan and hillside development permit prior to the issuance of building permits. The design requirements that you addressed will be included in the amended site development plan and reflect some of the concerns that you have identified. 9. The grading volumes are in the "potentially acceptable" range. The natural state of the site is significantly steeper than the westerly half of the ownership, west of Ffidden Valley Road. Due to the topography of the site, we have concentrated the development in the central areas, staying off significant 40 percent slopes along the northwesterly edge and have retained natural ungraded areas both on the north and the south end of the project hi an effort to soften the appearance of the project from distant views. In addition, the project has three streets that are either all or partially single loaded, with lots on one side, to keep the grading volumes within the "potentially acceptable" range. 10. We have completed the PFF agreement as requested. 11. The lots will meet City Rl standards. 12. We are requesting the similar conditions of approval imposed on other recent projects in the area pertaining the agricultural conversion fee. 13. The adjacent project, to the east of this project, is not under open cultivation. The project has not been fanned for a long time and it is our understanding that a revised tentative map is currently being considered by the owner of the property. 14. The civil engineer for this project, Mr. Alex Pantich, has discussed this item with Mr. Bob Wojcik, Principle Civil Engineer for the City of Carlsbad. Mr. Wojcik indicates that this item is not a problem and is acceptable as proposed. In addition, I am attaching a letter from the soils engineer, dated December 6, 1995, to Mr. Pantich that addresses the slopes that are more than 30 feet, up to 38 feet, and that they are anticipated to be grossly stable. Ms. Anne Hysong January 26, 1996 Page 3 ENGINEERING Traffic and Transportation 1. The changes identified have been made on the revised tentative map. 2. Street C designation has been deleted. 3. Public Street has been added. Sewer and Drainage 1. The sewer has been amended as discussed. 2. The soils engineer, in his December 6, 1995 letter, has addressed the City's concern for the sewer and storm drain in an easement position north of Lot No. 7. 3. This note talks about terrace drains at the westerly subdivision boundary, we think you mean the easterly subdivision boundary, and those terrace drains have been added to the tentative map. 4. The easement language has been added to the map. 5. We understand that the offer of dedication may be required for the channel and trail at the north subdivision boundary. Soils and Grading 1. We have been notified by Mike Shirey, City of Carlsbad Engineering Department, that the Notice of Grading Violation does not apply to this property and that note can be removed. 2. The civil engineer for this project has discussed this item with Mr. Bob Wojcik, the principal engineer, who is not requiring a bench at mid-slope. 3. The justification for the potentially acceptable yardage amount is discussed earlier in this letter under Planning Item No. 9. Land Title and Mapping 1. Bearing and distances have been added as requested. 2. Remainder parcel and letter style have been added as requested. Ms. Anne Hysong January 26, 1996 Page 4 3. Slope easement language has been added for the slopes along Hidden Valley Road. 4. The detention/desilting basin has been built to date under the permit for SAMBI for their offsite requirement for Hidden Valley Road construction. The above completes our response to the November 3, 1995 letter. We are enclosing for your review: • 5 sets of the amended Tentative Map. • 5 sets of the amended Site Development Plan. • 5 sets of the amended Landscape Concept Plan. • 1 set of check prints from Land Use review. • Amended PFF agreement form. • December 6, 1995 letter from GeoSoils. • January 24, 1996 letter from Brian F. Mooney Associates. Please process all the above. If there are any additional items that need our attention, please get in touch. Sincerely, LADWIG DESIGN GROUP, INC. Robert C. Ladwig RCL:klb.l06 Enclosures cc: Mr. Marc Palkowitsh, MSP California LLC Mr. David Bentley, MSP California LLC Mr. Alex Pantich, Land Space Engineering . .Iciduiig Design Group, Inc. January 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: Dear Bill: EMERALD RIDGE EAST/CITY OF CARLSBAD (LADWIG DESIGN GROUP, INC. - J/NL-1017) Pursuant to our discussion earlier this week, enclosed is a colored exhibit that I prepared that shows the Emerald Ridge East project as we will be amending it and resubmitting it to the City of Carlsbad for processing. The major changes that I have made are with the grading in Lots 37 and 45. The original plan, as submitted to the City, showed grading over the dual criterion slopes in what I now refer to as Area B. As you can see on the enclosed exhibit, the grading has now been amended to stay clear of the dual criterion slopes in Area B with the exception of the minor impact of 0.023 acres. Also, there is a minor impact in Lot 32 of another 0.007 acres for a combined total of 0.03 acres of impact. Of the total 1.47 acres of coastal sage scrub within Emerald Ridge East, we are now impacting only 2 percent. In addition to the area impacted by the proposed grading, I have also shown the areas that are being impacted based on the Mooney biological report. Mooney has determined that all of Areas A and B are impacted because these are isolated areas and would be surrounded by development. In addition, in Area C Mooney is saying that even though the area is not graded, the area within the proposed Lots 46, 47, 48, 49, and a portion of Lot 50 would be impacted because the area is not being set aside within the open space lot, but would be within those individual lots. This is another 0.09 of an acre for a total biological impact of 0.59 of an acre. Mooney is also recommending that the Areas A and B be mitigated at a ratio of 1:1 and the 0.09 of an acre in Area C be mitigated at a ratio of 2:1 for a total offsite mitigation requirement of 0.68 acres. As I previously indicated, I have contacted U.S. Fish & Wildlife Service, Mr. Ken Corey, and he will be suggesting to follow Mooney's recommendation to purchase 0.68 of an acre credit from the B of A mitigation bank hi northeastern Carlsbad. 703 Palomar Rirport Road + Suite 300 4- Carlsbad, California 92009 (619) 438-3182 FRX (619) 438-0173 Mr. Bill Ponder January 19, 1996 Page 2 Please look over the enclosed exhibit and call me if you have any questions. Hopefully, the change to our plan will meet with your approval. As I indicated, we will now be amending the tentative map to reflect these changes and resubmitting it to the City for processing. Thank you again for your help on this project. After we have received our local approvals, we will be contacting you to get on the schedule before the Coastal Commission. Sincerely, LADWIG DESIGN GROUP, INC. Robert C. Ladwig RCL:klb.lOO cc: Mi-. Ken Corey, U.S. Fish & Wildlife Service Ms. Anne Hysong, City of Carlsbad, Planning Department Mr. Marc Palkowitsh, MSP California LLC Mr. David Bentley, MSP California LLC Mr. Alex Pantich, Land Space Engineering Ms. Lisa Embree, Brian F. Mooney Associates Uicluiig Design Group, Inc. January 15, 1996 Mr. Ken Corey U.S. Fish & Wildlife Service 2730 Loker Avenue Carlsbad, CA 92008 SUBJECT: EMERALD RIDGE WEST (CT95-03) AND EAST (CT95-05) (LADWIG DESIGN GROUP, INC. - J/N L-1017) Dear Ken: Thank you for meeting with me on Friday, January 12, 1996, to discuss the proposed biological impacts of the above projects. I also appreciate your recommendation for my client to purchase offsite mitigation credit for sage scrub impacts as suggested in the biological surveys and reports done by Brian F. Mooney Associates in August and September of 1995 for these two projects. Mooney suggests purchasing 0.19 acres of sage scrub for Emerald Ridge West and 0.68 acres of sage scrub for Emerald Ridge East for a total of 0.87 acres. We also talked about the potential of doing revegetation in open space Lot # 62 on the south end of Emerald Ridge East. You indicated that this could be done, but because of the potential for the revegetation not being successful, we would only get partial credit. Because of this, you would be recommending the offsite purchase of sage scrub as discussed above. You also thought that the area not now containing coastal sage scrub in open space Lot #62 would eventually revegetate itself over time. After our meeting, I called Terry Stewart at the State Department of Fish & Game to discuss these projects. She was not hi so I left a message. You had indicated that you see her quite often and would consult with her prior writing me a letter recommending the purchase of offsite sage scrub credits. As I recall, in your letter to me you will be discussing the construction timing to be August 1 to January because of the past gnatcatcher sightings. Also, we will need to be sensitive to construction noise in areas of know gnatcatchers. I look forward to receiving your letter so we can then approach Mr. Jim Jackson at Bank of America to negotiate the purchase of 0.87 acres for our sage scrub mitigation for these two projects. 703 Palomar flirport Road *• Suits 300 4- Carlsbad, California 92009 (619) 438-3182 FFIX (619) 438-0173 Mr. Ken Corey January 15, 1996 Page 2 Thank you again for our meeting on Friday. If you need additional information, please call. Sincerely, LADWIG DESIGN GROUP, INC. Robert C. Ladwig RCL:klb.099 cc: Mr. Bill Ponder, Coastal Analyst Mr. Jeff Gibson, City of Carlsbad - Planning Ms. Anne Hysong, City of Carlsbad - Planning Mr. Marc Palkowitsh, MSP California LLC Mr. David Bentley, MSP California LLC ^^^^'•:C'?lfe.^^^f^^^» ft Environmental Studies Resource Management Community Planning Landscape Architecture January 24, 1996 ,^w»t $ V3^ * b Michael J. Holzmiller, Planning Director City of Carlsbad, Planning Department 2075 Las Palmas Drive Carlsbad, California 92009-1576 Subject: Emerald Ridge - East (CT 95-05/SDP 95-11/HDP 95-12) Dear Mr. Holzmiller, This letter has been prepared in response to 1) Item # 3 in your letter addressed to Ladwig Design Group, Inc. dated November 3, 1995, and 2) a change in property boundaries for Lots 46-49 due to the inclusion of fuel modifications. I have reviewed the new project design dated January 22, 1996, and the colored exhibit dated January 19, 1996, for the Emerald Ridge - East project. The proposed changes include modifications in the grading for Lots 32, 37, and 45 (shown within Areas A and B on the colored exhibit). The Biological Survey and Report (Report) dated September 1995 considered the sage scrub within Areas A and B (totaling 0.5 acre) impacted since the original project design would result in their isolation. These areas are still considered impacted as discussed in the original Report and will be mitigated as discussed below. In addition, considerations for fuel modifications for Lots 46-49 have prompted a redesign in the southern property boundaries for these lots. The rear lot line for these lots would be moved approximately 20 feet further south for Lot 46 and tapered down to 0 feet at the western boundary of Lot 49. This design change allows for a 60 foot setback from any structures within the lots. This design change results in an additional 0.05 acre of impact to sage scrub, increasing the impacts to this habitat from 0.59 acre to 0.64 acre. The design change decreases open space Lot 62 from 1.83 acres to 1.78 acres which results in a decrease in sage scrub preserved in open space on-site from 0.88 acre to 0.83 acre. These changes, however, do not add significantly to the overall loss of sage scrub and do not significantly alter the conclusions of the original Report. 9903 Businesspark Avenue, San Diego, California 92131-1120 Telephone: 619/578-8964 Fax: 619/578-0573 SAN DIEGO, CALIFORNIA • PALM SPRINGS, CALIFORNIA Mr. Michael J. Holzmiller City of Carlsbad, Planning Department January 24, 1996 Page 2 The proposed mitigation for impacts to sage scrub associated with the Emerald Ridge - East project has been changed to reflect these changes. Impacts to the small strips of sage scrub along the eastern boundary will still be mitigated at a 1:1 ratio (0.50 acre). The additional 0.05 acre of impact to sage scrub near the southern boundary brings the total impact to sage scrub in this part of the site to 0.14 which will be mitigated at a 2:1 ratio (0.28 acre). Therefore the impacts to 0.64 acre of sage scrub will be mitigated by the purchase of 0.78 acre of habitat within a mitigation bank preserve. I hope this letter has fully addressed any concerns regarding biological resources for the Emerald Ridge - East project. Please call me at (619) 578-8964 if you have any questions. Sincerely, 'ISA' £*\br. Lisa Embree Senior Biologist . . Uiduiig Design Group, Inc. December 29, 1995 Mr. Gail Kobetich - Field Supervisor U.S. Fish and Wildlife 2730 Loha Avenue Carlsbad, CA 92008 SUBJECT: EMERALD RIDGE WEST AND EAST - CITY OF CARLSBAD (LADWIG DESIGN GROUP, INC. - J/N L-1017) Dear Gail: Attached is a copy of a package of information and a letter that I submitted to Mr. Bill Ponder - Coastal Analyst on 12/29/95. City staff (Ms. Anne Hysong) has suggested that we consult with the Coastal Staff and with USFWS on this project (Emerald Ridge East). I will not repeat anything from my letter to Bih1 Ponder, but it does contain a description of what we are proposing to do. We would also like to meet with you after you have had a chance to go through the attached material. We are scheduled for Planning Commission on January 17, 1996 for Emerald Ridge West and would appreciate meeting with you or you designated staff member prior to that time. I will wait for your call. LADWIG DESIGN GROUP, INC. Robert C. Ladwig President RCL:baw.092 cc: Mr. BUI Ponder, Coastal Analyst Mr. Jeff Gibson, City of Carlsbad Ms. Anne Hysong, City of Carlsbad Mr. Marc Palkowitsh, MSP California LLC Mr. David Bentley, MSP California LLC 703 Palomar flirport Road *• Suite 300 *• Carlsbad, California 92009 (619) 438-3182 FflX (619) 438-0173 Uicluiig Design Group, Inc. December 29 1995 Mr. Bill Ponder - Coastal Analyst San Diego Coastal Area California Coastal Commission 3111 Camino del Rio North Suite 200 San Diego, Ca92108 SUBJECT: EMERALD RIDGE WEST AND EAST - CITY OF CARLSBAD (LADWIG DESIGN GROUP, INC. - J/N L-1017) Dear Bill: As a follow-up to our discussion last month, I am submitting information on the above referenced projects for your review and response. As a matter of reference, the property owner is processing the entire 56 acre Emerald Ridge project under two tentative map applications: Emerald Ridge East & West. Emerald Ridge West (CT 95-03) is scheduled for Planning Commission hearing on January 17, 1996. I have provided you a copy of the constraints map, tentative map, biological report, and the draft conditions of approval for that project. You'll note that Hidden Valley Road, as depicted on the tentative map, was approved by Coastal Commission as part of the Sambi Seaside Heights project (Coastal Permit 6-94-131) and is now under construction. The east right-of-way line of Hidden Valley Road is the easterly subdivision boundary of Emerald Ridge West. The impact to coastal sage scrub which results from the construction of Hidden Valley Road are being mitigated as part of the approved Sambi project. Emerald Ridge East (CT 95-05) was submitted to the city several months ago and was accepted as a complete application on November 3, 1995; the City's letter list issues of concern which we are presently addressing prior to advancing the project. In particular, City Planning issue #4 suggests that we consult with you regarding encroachment into "dual criterion" slopes. Accordingly, I have enclosed a copy of the Emerald Ridge East constraints map, tentative map and biological report along with a copy of the City's letter. In addition, a colored exhibit depicting our proposed project revision (Study #1) is provided. The property owner/applicant requested comments from City Staffto determine the feasibility of a modest modification to the current design of Emerald Ridge East which would provide substantial benefits relative to project construction, future resident activities, and local habitat management. Specifically, it is believed that by developing into two small isolated areas of dual criterion slope, which have been deemed by biologists to provide no significant habitat value, the overall project design could be substantially improved without adversely impacting local habitat. 703 Palomar flirport Road 4 Suite 300 4 Carlsbad, California 92009 (619) 438-3182 FRX (619) 438-0173 Uiduiig Design Group, Inc. Mr. Bill Ponder December 29, 1995 Page 2 The Emerald Ridge East project contains a total of 1.47 acres of Coastal Sage Scrub (CSS) including .15 acres classified as disturbed. Virtually all of this 1.47 acres exists on slopes greater than 25% and would therefore be classified under the Mello n LCP as dual criterion slopes. As submitted, the Emerald Ridge East tentative map indicates preservation of (i) 0.88 acre of the existing dual criterion area in open space lot 62, (ii) the 0.3 acre northerly finger slope, excepting 0.03 acre in lot 32, and (iii) 0.04 acre of the 0.2 acre hi lot 37. However, the biological study concluded that these two latter (ii & iii) dual criterion areas were uninhabited narrow strips of low quality CSS due to their size, isolated locations and disturbed character. Were these two small isolated low quality areas to be developed, the total Emerald Ridge development impact on dual criterion slopes would be 0.59 acres. This is the equivalent of 8.676% of the total dual criterion slope area within the Emerald Ridge property (this is in addition to the area associated with the Hidden Valley Road mitigation). This calculation was completed as follows: 1. There is 5.33 acres of CSS on steep slopes on Emerald Ridge West after deducting the dual criterion area committed to the approved Sambi project mitigation plan for Hidden Valley Road. This net 5.33 acres of dual criterion area is proposed to be a dedicated open space lot. 2. There is 1.47 acres of dual criterion area within the Emerald Ridge East project of which 0.88 acres is proposed for dedication to an open space lot. 3. These two areas constitute 6.21 acres (5.33 + 0.88) of good quality CSS to be preserved. 4. The total impact that would result from the revision of the Emerald Ridge East project would be 0.59 acres, or 8.676% of the total net dual criterion area within the Emerald Ridge property (0.59/6.80=8.676%). The enclosed colored exhibit depicts the proposed revised Emerald Ridge East project (Study #1); the modifications primarily impact lots 27-60. You will note the revised design closes the gap between lots 27-30 & 34-36 and results hi a more efficient and attractive subdivision. Specific improvements include reduced slope maintenance areas (natural and manufactured), elimination of one of the panhandle lots, provision of one additional lot, and standard lots on all sides of "D" street. Additionally, the CSS mitigation requirements are not increased, but the overall quality of the on-site preserved habitat is unproved. We believe the proposed revision maintains the Emerald Ridge project's compliance with all applicable regulations. However, as discussed last month, given the sensitivity and complexity of this issue and in order to ensure compliance, we would greatly appreciate your reviewing this 703 Palomar flirport Road + Suits 300 4 Carlsbad, California 92009 (619) 438-3182 FflX (619) 438-0173 locluiig Design Group, Inc. Mr. Bill Ponder December 29, 1995 Page 3 redesign (Study #1) with your staff and allowing us to meet with you prior to providing any written response. The applicant wants to support the community's habitat preservation goals while achieving the optimum residential subdivision design for this property. Thank you for your assistance in this matter. If there is any additional information you require, please call. We look forward to your call regarding a follow-up meeting. LADWIG DESIGN GROUP, INC. Robert C. Ladwig President RCL:baw.090 cc: Mr. Jeff Gibson, City of Carlsbad Ms. Anne Hysong, City of Carlsbad Mr. Marc Palkowitsh, MSP California LLC Mr. David Bentley, MSP California LLC •i 703 Palomar flirport Road 4 Suite 300 4 Carlsbad, California 92009 (619) 438-3182 FfiX (619) 438-0173 . . Lcicluiig Design Group, Inc. December 7, 1995 Mr. Jeff Gibson City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009-1576 SUBJECT: ADDITION OF EMERALD RIDGE ZONE CHANGE AND LOCAL COASTAL PLAN AMENDMENT TO THE MAR VISTA APPLICATION (ZCA 94-04 & LCPA 94-04) (LADWIG DESIGN GROUP, INC. - J/N L-1017) Dear Jeff: Enclosed are items you have requested to attach the zone change and Local Coastal Plan amendment for Emerald Ridge to the Mar Vista Application tentatively scheduled for Planning Commission on January 3, 1996. The items are: A check from Marcus S. Palkowitsh in the amount of $3,831 to cover the cost difference between a minor LCPA submitted by Mrs. McReynolds (Mar Vista) and what is required for a major LCPA amendment ($5,531 - $1,700 = $3,831). Two copies of the same letter to Gary Wayne dated 11/17/95 signed by Mrs. McReynolds and Marcus S. Palkowitsh agreeing to the combining of the two applications for zone change and LCPA. One copy of the Mar Vista/Emerald Ridge Vicinity Map. One copy of request and justification for LCPA of Emerald Ridge. One copy of the Emerald Ridge Zone change plat and legal description. One copy of property owners' list. One copy of 600-foot radius map. Two sets of mailing labels. Ladwig Design Group, Inc. Check No. 1745 in the amount of $7.68 for postage (24 labels x $0.32-$7.68). 703 Palomar Rirport Road +• Suite 300 4 Carlsbad, California 92009 (619)438-3182 FfiX (619) 438-0173 Mr. Jeff Gibson December?, 1995 Page 2 Please accept the above as our request for this zone change and Local Coastal Plan Amendment. Sincerely, LADWIG DESIGN GROUP, INC. Robert C. Ladwig RCL:klb.088 Enclosures cc: Ms. Anne Hysong, City of Carlsbad (with Enclosures) Mrs. Christa M. McReynolds (with Enclosures) Mr. Marc S. Palkowitsh, MSP California LLC (with Enclosures) Mr. David Bentley, MSP California LLC (with Enclosures) LADWIG DESIGN GROUP, IN 619-438-3182 703 PALOMAR AIRPORT ROAD, #300 CARLSBAD, CA 92009 PAY TO THE ORDER OF_ 1745 90-4094/1222 HUNTINGTON HILLS, L.L.C. OF COLORADO 650 S. CHERRY ST. SUITE 435 DENVER, CO 80222 PROFESSIONAL BANK ~LENDALE OFFICE LR, COLORADO 80222 DATE 01422 23-583/1020 ^/&0 AMOUNT */ PAY TO THE ORDER OF ••oo11.2an- moaoosaasi: .fit.. Geotechnical • Geologic • Environmental 5741 Palmer Way • Carlsbad, California 92008 • (619)438-3155 • FAX (619) 931-0915 December 6, 1995 W.O. 1715X-SD LAND SPACE ENGINEERING COMPANY 201 East Grand Avenue, Suite 2F Escondido, California 92025 Attention: Subject: Reference: Mr. Aleksandar Pantich Response to Planning Departments' Comments Emerald Ridge-East, CT 95-05/SDP 95-11/HDP 95-12 City of Carlsbad, San Diego County, California "Preliminary Geotechnical Assessment Kelly Property, APN 212-040-32 & 36 City of Carlsbad, County of San Diego, California", by GeoSoils, Inc., dated September 6, 1994 W.O. 1715G-SD Dear Mr, Pantich: Pursuant to your request, and the request of Mr. Robert Ladwig (Ladwig Design Group, Inc.), GeoSoils, Inc. (GSI) is providing the following response to the City of Carlsbad Planning Departments' review letter dated November 3, 1995. The City's review letter has requested additional geotechnical information regarding manufactured slope height(s) and on the utility easement through the open space directly north of Lot 7. In addition, it is GSI's understanding that no additional comments on manufactured slope benches are needed at this time. GSI's comments are provided below. Manufactured Slope Heights Based upon review of the referenced plans by Land Space Engineering (dated September 26, 1995), a portion of the cut slope along the eastern edge of "C" Street (i.e., Open Space Lot 63) has a proposed height equal to or greater than that allowed in the City Hillside Development Ordinance standards (i.e., 30 feet). It appears that a section of the proposed cut slope along C "Street" (Station 4+40 to 6+50) will range from between 30 to 38 feet in height. Based upon the preliminary subsurface data collected during GSI's initial assessment, the slope as proposed is anticipated to be grossly stable, provided recommendations submitted in the referenced geotechnical report are incorporated into design and construction. Due to the precursory nature of GSI's initial assessment however, additional subsurface studies have been recommended (GSI, 1994) to further analyze the stability of the slope. RECEIVED DEC 0 3 !S35 LADWIG DESIGN GR Land Space Engineering Company Emerald Ridge East, Carlsbad Utility Easement in Open Space Decembers, 1995 W.O. 1715X-SD Page 2 The referenced plans indicate that a utility easement is planned within the descending natural slopes of the open space north of Lot 7. Sewer and stormdrain mains are proposed within the 30-foot wide easement. The City of Carlsbad has expressed concerns over this plan, considering their experience with slope instability due to stormdrain failures. It is the opinion of GSI, that provided adverse geotechnical conditions (i.e., .daylighted bedding, thick surficial soils, groundwater seepage, etc.) are not encountered during grading and construction, and that the "wet" utilities are sealed and constructed in accordance with current industry standards, the utility easement should perform adequately. If adverse conditions are detected, remedial grading may be warranted. Remedial grading recommendations would be based upon actual field conditions, and may include (but not limited to) removal and recompaction of the unsuitable conditions. If you should have any questions or if we can be of further service, please do not hesitate to contact this office. Respectfully submitted, GeoSoils, Inc. Edward P. Lump, CEG 1924 Project Geologist Reviewed by: Albert R. Kleist, GE Principal Engineer EPL/ARK/cmw Enclosures: Reference List Distribution: (1) Addressee (1) MSP California LLC., Mr. Palkowitsh (1) Ladwig Design Group, Inc., Mr. Ladwig REFERENCES Land Space Engineering (September 26,1995), 'Tentative Map Emerald Ridge-East, Carlsbad Tract CT 95- ", Tentative Plans. City of Carlsbad Planning Department (November 3, 1995), Comments on Land Use Permit application for Emerald Ridge-East CT 95-05/SDP 95-11/HDP 95-12. GeoSoils, Inc., (July 26, 1995), "Update Letter Regarding Geotechnical Conditions Emerald Ridge-West, Pre 95-22 APN 212-040-32 & 36, Carlsbad, San Diego County, California". Design 6rou£* Inc. r~vH J^^^B November 17, 1995 Mr. Gary Wayne City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009-1576 SUBJECT: MAR VISTA AND EMERALD RIDGE IN ZONE 20 (LADWIG DESIGN GROUP, ENC. - J/N L-1015, L-1017) To follow-up on our conversation on November 15, 2995, the ownenaf Mar Vista and Emerald Ridge agree to combine their application for a zone change to R-l (ZCA 94-04) and Local Coastal Plan Amendment (LCPA 94-04) for their respective properties. The owners also agree that the zone change fee submitted by Mrs. Me Reynolds ia the amount of $2,175 will also cover the zone change costs on Emerald Ridge. In addition, we are submitting a check £rom MSP California, LLC (MSP) in the amount of $3,831 to cover the difference in cost for the minor LCPA submitted by Mrs. McReynoids ($ 1 ,700) and what is required for a major LCPA ($5,53 ] ) for the addition of the Emerald Ridge property. Mrs. McReynoids Is agreeing to allow Emerald Ridge to join .in with her zone change and LCPA amendment with the understanding that her Planing Commission date of January 3, 1996 (for CT 94-1 1, SDP 94-10, ZC 94-04, HDP 94-09, and LCPA 94-04) will uot be delayed. Also, MSP is asking that, if possible, their project (CT 95-03, SDP 95-06, and HDP 95-06 for Emerald Ridge West) is before the Planning Commission on the same hearing date of January 3, 1996. Sincerely, LADWIG DESIGN GROUP, INC. Robert C, Ladwig RCL:klb.053 Acknq wtedgecj Acknowledged Mar Vista - AP# 211-040-14 Emerald Ridge - AP# 212-040-32 & 36 McReynoids Family Trust MSP California, LLC ,- By; By: Dated: cc: Mr. David Bentley, MSP California, LLC 703 Polomor fllrport Rood 4 Suits 300 + Carlsbad, California 92009 M flO COY '• Uftduiig Design Group,TAC. November 17, 1995 Mr. Gary Wayne City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009-1576 SUBJECT: MAR VISTA AND EMERALD RIDGE IN ZONE 20 (LADWIG DESIGN GROUP, INC. - J/N L-1015, L-1017) To follow-up on our conversation on November 15, 1995, the ownefof Mar Vista and Emerald Ridge agree to combine their application for a zone change to R-l (ZCA 94-04) and Local Coastal Plan Amendment (LCPA 94-04) for their respective properties. The o;vners also agree that the zone changa fee submitted "by Mrs. Mo Reynolds in the amount of $2,175 will also cover the zone change costs on Emerald Ridge. In addition, we are submitting a check from MSP California, IXC (MSP) k the amount of $3,S31 to cover the difference in cost for the minor LCPA submitted by Mrs. McR.eynoJ.ds ($1,700) and wiiat is required for a major LCPA ($5,531) for the addition of the Emerald Ridge property, Mrs. McKeynoids is agreeing to allow Emerald Ridge to join in with her zone change and LCPA amendment with the understanding that her Planning Commission date of January 3,1996 (for CT 94-11, SDP 94-10, ZC 94-04, HDP 94-09, and LCPA 94-04) will not be delayed. Also, MSP is asking that, if possible, their project (CT 95-03, SDP 95-06, and HDP 95-06 for Emerald Ridge West) is before the Planning Commission on tho same hearing date of January 3,1996. Skcerely, LADWIG DESIGN GROUP, INC. Robert C. Ladwig RCL:klb.053 Acknowleded Mai Vista - AP# 21 1-040-14 Emerald Ridge - AP# 212-040-32 & 36 McReynolds Family Trust MSP California, LLC By: t **-«•>' , ~'tr. U/ ( . 'li i c lL^<Yt"x-yc^- * ^J By: Dated: t&e* Dated: _ cc: Mr. David Bentley, MSP California, LLC 703 Polomor fllrport fiood + Suit© 300 4 Carlsbad, California 92009 //. 1 01 ZLXK_* 1 A9 pflX (b 1 01 438-0 1 73 MAR VISTA EMERALD RIDGE PALOMAR AIRPORT ROAD EMERALD JUDGE UJ DIRT 9 ROAD x VICINITY MAP N.T.S. LOG JOB #L-1015 12-5-95 MAR VISTA C T 94-11 E M E R A L (R-1-Q AND O.S. PROPOSED)C T 95-03 WEST R-1-10-Q N*,- NSETTIA PARK TY OF CARLSBAD) P.C. C/) SAMBI SEASIDE HEIGHTS C T 92-02 R-D-M-Q MiflUlft JWPCRT KM aaauf VICINITY MAPITY N.T.S. PUT OF:ZONE CHANGE FROM RDM-Q TO R-1-Q EMERALD RIDGE CARLSBAD TRACT 95-03, 95-05 FOR: MSP CALIFORNIA ^U 650 CHERRY ST. SUITE 435 DENVER, CO. 80222 Udurig Design Group, Inc. 703 Palomar flirport Road #300 Carlsbad, California 92009 (619)438-3182 SHEET 1 OF 2 SHEETS DATE: 12/5/95 L-1017 ORDER NO. 1110572-22 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: ALL THAT CERTAIN PARCEL OF LAND DELINEATED AND DESIGNATED AS "DESCRIPTION NO. 1,103.91 ACRES" ON RECORD OF SURVEY MAP NO. 5715, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 19, 1960, BEING A PORTION OF LOT "G" OF RANCHO AGUA HEDIONDA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, A PORTION OF WHICH LIES WITHIN THE CITY OF CARLSBAD, ALL BEING IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCELS "A", "B", "C", AND "D" OF PARCEL MAP NO. 2993, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 23, 1974 AS FILE NO. 74-230326 OF OFFICIAL RECORDS. PARCEL 2: AN EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS, ROAD AND UTILITY PURPOSES, INCLUDING BUT NOT LIMITED TO ELECTRIC POWER, TELEPHONE, GAS, WATER, SEWER AND CABLE TELEVISION LINES AND APPURTENANCES THERETO, OVER, UNDER, ALONG AND ACROSS THAT PORTION OF PARCEL A, B AND C OF PARCEL MAP NO. 2993, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 23, 1974 AS FILE NO. 74-230326 OF OFFICIAL RECORDS, DELINEATED AND DESIGNATED AS "84' FUTURE STREET OPEN (MARCARIO ROAD)" ON SAID PARCEL MAP. PARCEL 3: PARCEL B OF PARCEL MAP NO. 2993, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 23, 1974 AS FILE NO. 74-230326 OF OFFICIAL RECORDS. 7:04/03/93 11:59:24 V: / / : : SPOO PAGE 10 POOR oiiieirr f^^feHT-' .. »H • < c/l1 <J ^i | c 1 IIp'n^sU t; z\ ; = IS< e i «=,lfti »i<» >•"• t -i> <: .jl 1! /^V»l«.\ §15 ; t ? ' < u -^ 3 *=L.'!l-*^.IJ «ri*:-ui \: . sm. i OF 2 P i V1 ' 1 - t~r\t © • ' POOR ORIRINiv-,.-.,,,.rj(>. H&P 623 - RHO I»J» HEDIOND4 -'f>OR LOT C - WSIMDnc Clic eo*e Loduiig Design Group, Inc. LOCAL COASTAL PLAN AMENDMENT (LCPA) REQUEST FOR EMERALD RIDGE (MSP CALIFORNIA, LLC ZONE 20, CITY OF CARLSBAD December 7, 1995 This 56.3 acre parcel (Assessor Parcels 212-040-32 & 36) lying south of Palomar Airport Road on both sides of Hidden Valley Road is currently zoned RDM-Q. The application for this project includes Tentative Maps, Hillside Development Permits, Site Development Plans, a Zone Change in addition to this LCPA. A change in zoning is requested from RDM-Q to R-l-Q. No change is requested to General Plan which is Residential Medium (RM) four-to-eight dwelling units per acre with a growth control point of sk. Emerald Ridge is in Area "B" of the Zone 20 Specific Plan # SP203. The proposed development of Emerald Ridge (CT 95-03 & CT 95-05) is standard R-1-7500 square foot niinimum single- family lots. The R-l-Q zone better suits the proposed development than the existing RDM-Q zone. Since the owner has decided to develop a standard single-family R-1-7500 minimum lot size subdivision, it was decided to ask for a rezone to R-l-Q. Emerald Ridge, because of topography restrictions and ownership/parcel configurations, can only take access from Hidden Valley Road off Palomar Airport Road. A single-family R-l subdivision designed to capture ocean views and being sensitive to grading requirements along with 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 RDM-Q to R- 1-Q. LADWIG DESIGN GROUP, EVC. Robert C. Ladwig RCL:klb.087 (L-1017) 703 Palomar flirport Road +• Suite 300 * Carlsbad, California 92009 (619) 438-3182 FflX (619) 438-0173 j NOV 07 '95 05:47PM WILSON ENGINEERING t Ici&iig Design Group*nc. November 7, 1995 Mr. Gary Wayne City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009-13 76 SUBJECT: EMERALD RIDGE EAST/WEST (LADWIG DESIGN GROUP, INC. - J/N L-1017) Dear Gary: To follow up on our discussion today about the two different responses to the same question dealing with: 1. Potential zone change from RDM-Q to R- 1-Q. 2, LCPA for above. 3, Panhandle lots not allowed in RDM zone. 4. Calculation of affordable housing requirements (I talked to Anne Hysong regarding this). Emerald Ridge East (CT 95-05, SDP 95-11, HDP 95-12) 1. Star! is saying the existing RM designation requires 10,000 square feet n>ininmm lot size - we have 7,500 square feet. The RDM zone says that single family is an allowed use - Also: under lot area, low medium density requires 7,500 square feet and medium density through high density requires 10,000 square feet, hence staff suggestions to do a rezone to R-l. The existing general plan density is RM (six per acre), our tentative map is at about three per acre and in the low medium density range. StaffSnterpretation of this question for Emerald Ridge West, and I agree, is because of the tentative map application, we are consistent with the zone requirement of 7,500 square foot lots. 2, Because of the zone change, Staffis requiring an LCPA. I think we are consistent, as described above, and do not think the LCPA is required, 3. Panhandle lots - Design criterion for panhandle lots is found in the R-1 zone code. The RDM zone does not say they are not allowed. The RDM code does require certain lot dimensions. Our tentative map meets those requirements as spelled out in the R-l zone. The question came up that the panhandle does not meet the dimension requirements. The panhandle cannot be used to account for the required square footage or be used for the set backs and is only used for access to the build-able portion of the lot which does meet all the dimensional requirements. 703 Palomor flirport Rood + Suite 300 + Carlsbad, California 92009 (619) 438-3182 FflX (619) 438-0173 NOV 07 '95 05:48PM WILSON ENGINEERING _ P. 3 Mr. Gary Wayne November 7, 1995 Page 2 4. I disagree with the calculation by staff of the affordable housing requirements. Staff is requiring that we be charged 15 percent of the affordable units and market rate units and not just 15 percent of market rate units. We have 60 R-l (market rate) lots -15% of 60 = 9. We are proposing 9 second dwelling units on 9 of our lots as one option to satisfy our requirement. Staff is dividing 60 by 85% and requiring 10,5 affordable units. This is a double requirement. If we proposed to do all our units offsite, the calculation would be 60 x 15% = 9. We have the option of doing all our units onsite, all offsite or a combination. In either case, the calculation has to he consistent and be the 9 units and not 10.5. On Emerald Ridge West, this issue was not raised. Emerald Ridge West (CT 95-03, HDP 95-06, SDP 95-06) None of the above issues were raised on this project and tt is just about ready to go to hearing. All the same general plan, zoning, panhandle and affordable housing items apply here and are identical to Emerald Ridge East. "^ ~^"^> 9 In summary, I think there is more than enough room to interpret City Code to allow Emerald Ridge East to be consistent with City Code, similar to the Staff interpretation for Emerald Ridge West. The Emerald Ridge East application has been accepted as complete and we are anxious to make the revisions as suggested by Staff and move the project to the public hearing phase. Thank you for discussing this with me today and indicating you will talk with Staff today and try to get back to me right away with your interpretation of the above. Sincerely, LADWIG DESIGN GROUP, INC, Robert C. Ladwig RCL:klb.082 cc: Ms. Anne Hysong, City of Carlsbad Mr. Jeff Gibson, City of Carlsbad Mr. Marc Palkowitsh, MSP California LLC Mr, David Bentley, MSP California LLC City of Carlsbad Planning Department November 3, 1995 Ladwig Design Group, Inc. 703 Palomar Airport Road, Suite 300 Carlsbad, CA 92009 SUBJECT: CT 95-05/SDP 95-11/HDP 95-12 - EMERALD RIDGE - EAST Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Department has reviewed your tentative map, site development plan, and hillside development permit, application no's. CT 95-05, SDP 95-11, and HDP 95-12, as to their completeness for processing. The application is complete, as submitted. Although the initial processing of your application may have already begun, the technical acceptance date is acknowledged by the date of this communication. The City may, in the course of processing the application, request that you clarify, amplify, correct or otherwise supplement the basic information required for the application. In addition, you should also be aware that various design issues may exist. These issues must be addressed before this application can be scheduled for a hearing. The Planning Department will begin processing your application as of the date of this communication. Please contact your staff planner, Anne Hysong, at (619) 438-1161 extension 4477, if you have any questions or wish to set up a meeting to discuss the application. Since, J. HOL/MILLER Planning Director MJH:AH:kc c: Gary Wayne Chris DeCerbo Bobbie Hoder Mike Shirey Bob Wojcik File Copy Data Entry 2O75 Las Palmas Drive • Carlsbad, California 92OO9-1576 - (619) 438-1161 DAVID M. BENTLEY, COM MSP California, LLC * Emerald Ridge - Carlsbad, CA La Paloma Corporate Center 3573 E. Sunrise Drive, Suite 221 * Tucson, AZ 85718 Phone: (520) 299-2179 * Fax: (520) 529-6122 November 7, 1995 Mr. Michael J. Holzmiller, Planning Director CITY OF CARLSBAD 2075 Las Palmas Drive Carlsbad, CA 92009 RE: Emerald Ridge East; CT 95-05/SDP 95-11/HDP 95-12 Dear Mr. Holzmiller: Yesterday, I received a copy of your November 3 letter to our consultant, Mr. Bob Ladwig, regarding the completeness of the above referenced application. We're pleased the application was deemed complete and appreciate the assistance of your professional staff. Naturally, we're troubled by item 1 under the So/7s and Grading section of page 4; "Grading Violation". First, please be assured that MSP California LLC has not knowingly violated, nor condoned any activity which would violate, any local, state or federal ordinance or law. Second, we intend to work with you to ensure that any problems which may have arisen as a result of the Kelly's Pampas Grass eradication project, are quickly resolved. As a matter of record, when I was contacted by Rich Kelly regarding their Pampas Grass project, he assured me that they (the Kelly's) were securing all requisite approvals and permits to conduct the work and that we (MSP California LLC) would be indemnified and defended against any damages that might arise from that project. Based upon that assurance, I wrote a letter to USF&G (copy enclosed for your review) in which I expressed our general support for the Kelly's project under the condition that the Kelly's would secure all requisite approvals and permits prior to conducting any work which would impact our property. If any grading violation has occurred, it was clearly committed by someone other than MSP California LLC its agents or representatives, and any such violation occurred without our knowledge, against our will, and in direct contradiction to the expressed intent that Rich Kelly cornmunicatGd to me. Plaase advise me as to any further action we should take to ensure that a Notice of Grading Violation is not filed against our property. Thank you. Very truly, MSP CALIFOR!(\LLC David M. Bentley, CCIM Manager/Project Director c: Rich Kelly Bob Ladwig Tracy P. Nuckolls, Esq. Marc Palkowitsh DAVID M. BENTLEY, COM MSP California, LLC * Emerald Ridge - Carlsbad, CA La Paloma Corporate Center 3573 E. Sunrise Drive, Suite 221 * Tucson, AZ 85718 Phone: (520) 299-2179 * Fax: (520) 529-6122 October 19, 1995 Ms. Ann Hysong, Planner CITY OF CARLSBAD - PLANNING Mr. Christopher Deserbo, Senior Planner CITY OF CARLSBAD - PLANNING Mr. Mike Shirey, Engineer CITY OF CARLSBAD - ENGINEERING 2075 Las Palmas Drive Carlsbad, CA 92009 RE: Emerald Ridge East Dear Ann, Chris & Mike: Thank you for taking the time to meet with Bob Ladwig and me last week at our site. As mentioned, we're confident our Tentative Map application is complete and conforms with the intent of the applicable land use plan and associated regulations. Nevertheless, if you believe adequate regulatory latitude exists to support a development that would involve grading out the isolated "finger canyon", which has been deemed to provide no significant biological or habitat value, then some project design improvements and open space enhancements could be achieved. Conversely, if the issue would generate considerable opposition from the City or other agencies, we prefer to maintain the existing subdivision design, since time is of the essence. Our principal objective is to secure approvals for a land use plan that reflects the community's goals and supports a high quality detached single family product. Naturally, this must be accomplished within the context of the economic constraints of market demand and development costs. Accordingly, the Tentative Map we've designed represents a balance of these critical issues and will result in a highly attractive and successful neighborhood. Your immediate feed-back on the isolated canyon issue would be greatly appreciated. Similarly, please don't hesitate to call with any suggestions that would enable us to more timely secure development approvals for our 60-unit Emerald Ridge East project. Very truly, MSP CALIFORNIA, LLC - David M. Bentley, CCIM Manager/Project Director Bob Ladwig Marc Palkowitsh . .Uiclwig Design Group, Inc. Octobers, 1995 QQJ g 3 Mr. Jeff Gibson CITY OF CARLSBAD 2075 Las Palmas Drive Carlsbad, California 92009 SUBJECT: EMERALD RIDGE EAST - TENTATIVE MAP SUBMITTAL (LADWIG DESIGN GROUP JN# L-1017) Dear Jeff: The following is a list of the City fees required to process this project. EA (Environmental Assessment) Fee $ 220 Public Facility Fee Agreement $ 50 Public Notice Fee (deposit) $ 500 Hillside Development Permit Fee (HDP) $ 400 Tentative Map Fee (TM) for 69 units (60 R-l + 9 2nd units) $ 7,975 • Site Development Plan (SDP) (Major) $ 5.530 TOTAL $14,675 I have enclosed a check from the owner in the amount of $14,675 made payable to the City of Carlsbad. I am also including the following exhibits and plans. HILLSIDE DEVELOPMENT PERMIT Land Use Review application form 1 original Slope Analysis 5 sets Preliminary Landscape Plan 5 prints EIA form 1 original PFF Agreement 1 original + 1 Disclosure Statement 1 original Preliminary Title Report 3 copies Project Description 1 original 703 Palomar Rirport Road 4 Suite 300 +• Carlsbad, California 92009 (619) 438-3182 FflX (619) 438-0173 Mr. Jeff Gibson October 3, 1995 Page 2 TENTATIVE TRACT MAP Tentative Map 10 prints Time Limit Waiver original Constraints Map 10 prints Traffic Study 2 sets Noise Study 2 sets Preliminary Soils/Geology and Update 2 sets Project Photographs 1 set SITE DEVELOPMENT PLAN Site Plan 10 sets Second Dwelling Unit Architecture 10 sets Reduced Architectural Plan 4 sets Biology Report 3 sets Landscape Plan 5 sets Pesticide Residue Study 2 each Please accept the above for processing. We look forward to your written review. I have also included the City check print from the preliminary review done in July. Also, call if you need more copies or have any questions. Sincerely, LADWIG DESIGN GROUP, INC. Robert C. Ladwig President RCL;klb.075 Enclosures cc: Mr. Marcus S. Palkowitsh, MSP California, LLC Mr. David M. Bentley, MSP California LLC Mr. Alex Pantich, Land Space Engineering locluiig Design Group, Inc. Page 1 of 2 PROJECT DESCRIPTION/EXPLANATION September 29, 1995 PROJECT NAME: Emerald Ridge East APPLICANT NAME: MSP California. LLC - Marcus S. Palkowitsh _ The applications for Emerald Ridge East include a tentative subdivision map, Hillside Development Permit, Site Development Plan for the "Q" overlay and 2nd Dwelling Unit (affordable housing) and Environmental Assessment. This 60 lot (plus 3 open space lots) standard R-l 7,500 square foot minimum lot subdivision on 27.4 acres will be developed on the moderately sloping property with 6.8 acres to remain as permanent open space. Based on Growth Management calculations, 22.56 acres of the property could be developed at 6 units per acre for a total of 135 units. The affordable housing requirement is 9.0 units (60x15% =9.0). As one option to meet this requirement, the applicant is proposing to require nine of the proposed lots to construct a Second Dwelling Unit per City Ordinance NS283 for a total number of units to be built of 69. The actual dwelling units per net developable acre are 3.0. Access to the property will be from Palomar Airport Road via Hidden Valley Road. The project has been designed, so that gravity sewer could flow within the project (within "A" Street) to north of Lot 7 and then in an easement to Hidden Valley Road and north to the existing sewer at the south edge of Palomar Airport Road. Subdivision grades were set to minimize grading. Some of the lots may have ocean views. This is a single entry subdivision which meets the City cul-de-sac policy and will provide a private neighborhood. The large open space lots at the north and south end of the subdivision provide buffers from the adjacent future development. Development is being kept south of the 65 CNEL line for Palomar Airport. Pacific Noise Control looked at noise impacts on the project from both airport and street traffic sources. Walls are required for Lots 8, 9, and 26 and some interior noise mitigation may be required. A small sliver of land (0.4±acres) in the area of the desilt basin along the west edge of Hidden Valley Road will be removed from the MSP California, LLC ownership and transferred to the adjacent Kelly property. This will be done with a boundary adjustment prior to record map. Major areas of 40% slope have been avoided with the subdivision design. Open-space Lots 61 and 62 contain the major 40% slope areas and will remain un-developed. Also, a major area of 40% slope with vegetation will remain natural behind Lots 33 - 36. Within Lot 36 there is a small isolated ravine with 40% slopes that are 22 feet high (Elevation 186 to 164) but only 2200 square- foot in area and under the 4000 square-foot allowed by the Exclusion section of the Hillside Ordinance (Section 21.95.090). 703 Palomar flirport Road *• Suite 300 4 Carlsbad, California 92009 (619)438-3182 FRX (619) 438-0173 MEMORANDUM July 13, 1995 TO: ASSOCIATE PLANNER - JEFF GIBSON FROM: Associate Engineer - Land Use Review PRE 95-22; EMERALD RIDGE (EAST); (60 LOT/69 UNIT SINGLE-FAMILY SUBDIVISION) PRELIMINARY REVIEW Engineering Department staff have conducted a preliminary review of the above referenced proposed project. Prior to a formal application submittal, the following items must be resolved/addressed: 1. Please indicate all easements and encumbrances for this property in accordance with the Preliminary Title Report (PR). Indicate the future disposition of all easements and encumbrances. 2. Please add a typical plan view of City Standard GS-15 to the tentative map to indicate the surface runoff from each lot. 3. Regarding the request to delete sidewalks on "B" Street, any public or private roadway that front loads the street with residential units is required to include sidewalks. However, since this proposal front loads the west side of the street only, sidewalks can be deleted on the east side of the street. 4. Please indicate typical street sections for all roadways and designate whether the street will be public or private. (All streets shown on this proposed plan will be public.) 5. Please dimension all proposed lot lines. Be advised, minimum lot frontage at the right of way between property lines which are radial to a cul-de-sac is 33'. 6. Regarding the request to have manufactured slopes which are greater than 30' in height, the Planning Department shall make the determination if this is acceptable or not, in accordance with the City's Hillside Development guidelines. If slopes can exceed 30' in height then, in accordance with City Standards and the City's Grading ordinance, a minimum 8' wide bench must be located at intervals no greater than 25'. (For this proposed project the bench would be located midway between the top and toe of the proposed slope.) 7. Regarding the City's Cul-de-sac Standard, this proposed project will meet the standard if the entrance roadway is widened to a 52772' section (having two (2) 24' travel lanes with a 4' minimum raised median.) Staff suggests, however, that an 8' raised median be utilized (keeping the two (2) 24' travel lanes) to facilitate a more substantial landscape/development entry design. (This would result in a 56776' street section.) 8. Please add the total grading quantities (cut/fill, import/export) to the tentative map. The maximum acceptable range for grading, in accordance with Hillside Development criteria, is 7,999 cy/ac. This project is proposing 8,500 cy/ac, which is potentially acceptable. This is a Planning Department staff determination and should be resolved with them. Upon formal application submittal, please inform Engineering Department staff of whether or not this grading is acceptable to the Planning Department. PRE 95-22; EMERALD RIDT^EAST) ^P PAGE: 2 PRELIMINARY REVIEW J. GIBSON MEMO; JULY 13, 1995 9. Upon formal application submittal, please be sure that all maps/exhibits show the proposed roadway system configuration for the area (ie, Cherry Blossom Road relocated to the south in accordance with the Coastal Commission recommendation for the Sambi project.) 10. Upon formal application submittal, please be sure that all maps/exhibits show the proposed drainage system configuration for the area (ie, correct location of the storm drain/low flow by-pass for the drainage channel west of Hidden Valley Road.) 11. Upon formal application submittal, please be sure that all maps/exhibits show the proposed sewer system configuration for the area (ie, Sambi having sewer access to Cherry Blossom Road and ultimately out to the north through the proposed Mar Vista project; Emerald Ridge (East) having sewer access from the "F" Street intersection with Hidden Valley Road and out to the north to Palomar Airport Road, resulting in no sewer line in Hidden Valley Road from approximate stations 68+ 50 to 76 + 75.) Since the ultimate sewer configuration is yet to be determined for this area, the different alternatives must be shown on the tentative map as potential sewer service configurations for the area. 12. Upon formal application submittal, please be sure that all maps/exhibits show the proposed location of the proposed desilting basin (relocated to the north at approximate Hidden Valley Road station 59 + 00.) 13. Upon formal application submittal, please indicate all proposed street grades and centerline radii on the tentative map. 14. Upon formal application submittal, please indicate the proposed street curb-to- curb widths and sidewalks on the tentative map. 15. Please be advised that this preliminary review does not constitute a full comprehensive review of the project and that upon formal application submittal, additional items of concern may become evident. Attached for the applicants use in making the requested revisions is a red lined check print of the project. If you or the applicant have any questions, please either see or contact me at extension 4388. MICHAEL Associate Engineer - Land Use Review Attachment c: Principal Civil Engineer - Land Use Review A DAVID M. BENTLEY, COM MSP California, LLC * Emerald RWge - Carisbad^CA La Paloma Corporate Center 3573 F,. SunrUe Drive, Suite 221 • Tucson. \Z 85718 Phone: (520) 299-2179 • Fax: (520) 529-4122 September 8, 1995 Ms. Terri Dickerson DEPT. OF FISH & GAME P.O. Box 6657 Laguna Niguel, CA 92607-6657 RE: Carlsbad - Encinas Creek/Kelly Dear Ms. Dickerson: Robert "Pat" Kelly and Richard Kelly have explained to me their plans to eradicate the pampas grass that has invaded the Encinas Creek which runs along a portion of our common property boundaries. Based upon the information provided, including copies of July 17 and August 24 correspondence to you, we concur that their plan to eradicate the pampas grass is a sound one and we encourage you to support it. As I've told the Kellys, assuming they procure all appropriate permits and perform the work at their expense, including protecting and indemnifying us from any damages that may arise as a result of this project, we are prepared to sign appropriate documents evidencing our acknowledgement of this project and permission to perform the related work on our property, as may be necessary. If you have any questions, please don't hesitate to call me at the number noted on the letter- head. Thank you for your consideration and support. Sincerely, MSP California, LLC David M. Bentley, COM Manager/Project Director Marc Palkowitsh Rich & Pat Kelly City of Carlsbad Planning Department July 18, 1995 MSP California LLC 650 South Cherry Street Suite 435 Denver CO 80222 SUBJECT: PRE 95-22 - EMERALD RIDGE EAST APN: 212-040-32,36 Preliminary review of your project was conducted on July 6, 1995. Listed below are the issues raised by staff. Please note that the purpose of a preliminary review is to provide you with direction and comments on the overall concept of your project The preliminary review does not represent an in-depth analysis of your project. Additional issues of concern may be raised after your application is submitted and processed for a more specific and detailed review. Planning; 1. The project is required to meet the development standards of the Hillside Development Ordinance. The project does not meet these requirements in the following areas: A) Manufactured slope heights in several areas exceeds the slope height standard of 30 feet B) Contour grading techniques shall be used to provide a variety of both slope percentage and slope direction in a three dimensional undulating pattern similar to existing adjacent natural terrain. Contour grading shall undulate so that in no case shall a straight, flat, cut or filled slope face greater than 200 feet in length be created. The manufactured slope along the rear of Lots 11-18 does not comply with this standard. Q Applications proposing grading volumes which are potentially acceptable (8,000-10,000 cubic yards/graded acre) shall, on the preliminary grading plan, submit for review specific written findings justifying the reasons for the amount of grading subject to approval of the Planning Director and City Engineer. 2. The Final EIR for the 20 Specific Plan identified the project site as within the viewshed of the Palomar Airport Road scenic corridor. The EIR concluded that future development in this viewshed may create significant visual impacts to the corridor. The EIR requires additional visual analysis prior to development of the site. This analysis, at a minimum, shall consist of computer- enhanced photo modifications showing "Worst Case" development conditions proposed by the project 3. The project's grading and development impacts slopes with grades greater than 25% that contain native habitat (Duel Criterion). The Mello II Segment of the Local Coastal Program regulates development on these slopes, therefore, as part of your formal application please provide a quantified analysis of the slope impacts and how the project complies with the duel criterion standard. 2O75 Las Palmas Drive •Carlsbad, California 92OO9-1 576 • (619)438-1161 PRE 95-22 - Emerald Ridge East July 17, 1995 Page 2 4. As a general rule, the Planning Department does not support the use of panhandle lots on new subdivisions unless the lots can be justified per the requirements of Tide 21, Section 21.10.080(b). The City Council may approve panhandle lots if certain circumstances are found to exist, as established in Title 21. Upon submittal of your formal application please provide the written justification and findings for the use of each panhandle lot It is important to note that the useable area of the lot, (the area outside of the panhandle portion of the lot), must be at least 8,000 square feet in size. 5. The pad width for Lot 32 is too narrow to accommodate a home and still meet side yard and slope setbacks. Engineering; 1. Please indicate all easements and encumbrances for this property in accordance with the Preliminary Title Report (PR). Indicate the future disposition of all easements and encumbrances. 2. Please add a typical plan view of City Standard GS-15 to the tentative map to indicate the surface runoff from each lot 3. Regarding the request to delete sidewalks on "B" Street, any public or private roadway that front loads the street with residential units is required to include sidewalks. However, since this proposal front loads the west side of the street only, sidewalks can be deleted on the east side of the street 4. Please indicate typical street sections for all roadways and designate whether the street will be public or private. (All streets shown on this proposed plan will be public.) 5. Please dimension all proposed lot lines. Be advised, minimum lot frontage at the right of way between property lines which are radial to a cul-de-sac is 33'. 6. Regarding the request to have manufactured slopes which are greater than 30' in height, the Planning Department shall make the determination if this is acceptable or not, in accordance with the City's Hillside Development guidelines. If slopes can exceed 30' in height then, in accordance with City Standards and the City's Grading ordinance, a minimum 8' wide bench must be located at intervals no greater than 25'. (For this proposed project the bench would be located midway between the top and toe of the proposed slope.) 7. Regarding the City's Cul-de-sac Standard, this proposed project will meet the standard if the entrance roadway is widened to a 52'/72' section (having two (2) 24' travel lanes with a 4' minimum raised median.) Staff suggests, however, that an 8' raised median be utilized (keeping the two (2) 24' travel lanes) to facilitate a more substantial landscape/development entry design. (This would result in a 56'/76' street section.) 8. Please add the total grading quantities (cut/fill, import/export) to the tentative map. The maximum acceptable range for grading, in accordance with Hillside Development criteria, is 7,999 cy/ac. This project is proposing 8,500 cy/ac, which is potentially acceptable. This is a Planning Department staff determination and should be resolved with them. Upon formal application submittal, please inform Engineering Department staff of whether or not this grading is acceptable to the Planning Department :eEast ^PRE 95-22 - Emerald Ridge July 17, 1995 Page 3 9. Upon formal application submittal, please be sure that all maps/exhibits show the proposed roadway system configuration for the area (ie, Cherry Blossom Road relocated to the south in accordance with the Coastal Commission recommendation for the Sambi project) 10. Upon formal application submittal, please be sure that all maps/exhibits show the proposed drainage system configuration for the area (ie, correct location of the storm drain/low flow by-pass for the drainage channel west of Hidden Valley Road.) 11. Upon formal application submittal, please be sure that all maps/exhibits show the proposed sewer system configuration for the area (ie, Sambi having sewer access to Cherry Blossom Road and ultimately out to the north through the proposed Mar Vista project; Emerald Ridge (East) having sewer access from the "F" Street intersection with Hidden Valley Road and out to the north to Palomar Airport Road, resulting in no sewer line in Hidden Vallev Road from approximate stations 68+50 to 76+75.) Since the ultimate sewer configuration is yet to be determined for this area, the different alternatives must be shown on the tentative map as potential sewer service configurations for the area. 12. Upon formal application submittal, please be sure that all maps/exhibits show the proposed location of the proposed desilting basin (relocated to the north at approximate Hidden Valley Road station 59+00.) 13. Upon formal application submittal, please indicate all proposed street grades and centerline radii on the tentative map. 14. Upon formal application submittal, please indicate the proposed street curb-to-curb widths and sidewalks on the tentative map. 15. Please be advised that this preliminary review does not constitute a full comprehensive review of the project and that upon formal application submittal, additional items of concern may become evident Please contact Jeff Gibson at (619) 438-1161, extension 4455, or Mike Shirey, Engineer, at extension 4388, if you have any questions. Sincerely, GARY E. WAYNE Assistant Planning Director GEW:JG:Ih Attachment Bob Wojcik File Copy Data Entry