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CT 98-05; De Jong Property; Tentative Map (CT) (6)
D. January 28, 1998 TO: PRINCIPAL ENGINEERING INSPECTOR FROM: Principal Planner SUBJECT: APN 215-080-01 - ARIE DE JONG GRADING VIOLATION Planning staff recently received the fourth annual monitoring report for the de Jong revegetation program. This program was established as a result of a 1991 grading violation on the subject site. After review of the report, staff determined that revegetation of the site has been very successful and recommends release of the grading violation filed with the County Recorder on this property. Mr. de Jong's office has requested a copy of the letter Engineering will be sending to the County Recorder. His address is as follows: Arie de Jong David Shipley 622 East Mission Road 1923 Bedford Place San Marcos, CA 92069 Escondido, CA 92029 Thanks for your assistance in this process. I really appreciated the help I received from Tim Fennessy and Joe Frederico. ADRIENNE LANDERS Principal Planner AL:nm Planning Director Assistant Planning Director VINCENT IV. SCIIEIDT Itiolojjical Consultant 3158 OCCIDENTAL STREET • SAN DIEGO, CA 92122 • (619) 457-3873 May 16, 1996 Mr. Conrad Pawelski Coast Waste Management, Inc. 5960 El Camino Real P.O. Box 947 Carlsbad, CA 92018-0947 RE: Fourth annual monitoring report for the de Jong revegetation program, #V6-91-16, Carlsbad. Dear Conrad: This letter presents the fourth-year's monitoring report for the de Jong revegetation program, Restoration Plan #V6-91-16 in Carlsbad. The purpose of this report is to document changes in the vegetation establishment rate and to document the success milestones achieved. Implementation of the approved Revegetation Plan occurred in 1992 as part of required mitigation for a grading violation issued in April of 1991. A first-year monitoring report was prepared for the applicant by Landscape Ecology Group in June of 1993. The second- and third-year's monitoring reports were prepared by myself in March of 1994 and March of 1995, respectively. This letter represents the fourth-year milestone reporting document as required by the approved Restoration Plan. Because this is a five-year revegetation effort, at least one more monitoring report will be prepared, presumably in the spring of 1997. By that time, it was originally anticipated that all areas of the site which were disturbed by unauthorized grading would have been reverted to essentially native chaparral and oak woodland vegetation, and that slope areas which supported non-native grassland prior to the grading violation would have been restored to open, non-native grassland. At this time, it appears that the restoration of native vegetation has been highly successful, although the habitats becoming established (coastal sage scrub and native grassland) do not entirely match those projected to be restored onsite. Thirteen species of native shrubs and trees were used in the initial planting in 1992. These totaled three hundred and eighty-five specimens of 13 species. Thirteen species of native plants were also used in the native hydroseed mixture applied to the site at the same time. An assessment of the survivorship for ail planted container stock was made at the end of the first year's biological monitoring period. A few species showed relatively high levels of initial survivorship, although there was a relatively high mortality of most species overall, with some species exhibiting a 0 percent survivorship. Also, only very limited evidence of germination of a few species from the seed mixture application was seen at the end of the first year's biological monitoring period. Specific remediation measures recommended at the end of the first year included removal of the irrigation system, replacement of portions of the erosion control silt fencing, and replanting of dead container stock. Other recommended measures included quarterly weeding of the site, planting acorns in lieu of replacing the dead Scrub Oak container stock, and elimination of the 4 inch container size category from future replacement plantings. None of these initial recommendations were implemented at that time or subsequently. BIOLOGICAL INVENTORIES • RESOURCE ASSESSMENTS • CONSTRAINTS ANALYSIS • HABITAT RESTORATION • REVEGETATION Mr. Conrad Pawelski, page 2. In March of 1994,1 was asked to accept the responsibility for site monitoring and to develop various follow-up tasks, including the replanting of stock as necessary. At that time, I reviewed features of the previous monitoring effort and made specific recommendations to be implemented prior to the end of the third-year of field monitoring (March 1995). It was apparent that slope areas which had been protected with jute matting, irrigated with overhead spray, and seeded with a native hydroseed mixture show positive signs of habitat establis- hment. Native grasses, notably Purple Stipa (Stipa pulchra), were evident in relatively high numbers (see photos #13, #14, and #15). The slopes were clearly stable, although erosion was noted in a few spots. The lower areas designed to support oak woodland and chaparral vegetation were likewise appearing stabilized. The hydroseed mixture was also beginning to "take" in these areas. Species which were clearly established in the lower area included California Sagebrush (Artemisia californica), California Sunflower (Encelia californica), Black Sage (Salvia mellifera), Fasciculated Tarweed (Hemizonia fasciculata), and Flat-top Buckwheat (Eriogonwn fasciculatum). Also established was Deerweed (Lotus scoparius) and Virgate Stephanomeria (Stephanomeria virgata), two native species which were not planted but which naturalized onto this site. These species are all more representative of coastal sage scrub than chaparral. At the end of the second year of monitoring, the original, non-implemented remedi- ation recommendations were superceded by recommended measures which more accurately reflected site conditions. These included (1) increasing the density and number of container plants, (2) hand filling minor drainages to abate erosion, (3) complete removal of erosion control fencing, (4) complete removal of the irrigation system, and (5) continued biological monitoring for three more years. In order to implement these recommendations, two days were spent in January 1995 with a field crew to remove silt fencing and irrigation lines, plant new specimens, remove Pampas Grass (Cortaderia), and partially fill certain eroded areas. By removing most areas of silt fencing, the crew was able to restore natural flow across the slope, thus halting the advance and deepening of existing eroded areas. No specific remediation measures are recommended at this time. The site is currently stable, and any remediation would likely result in more harm than benefit. Brush trampling, even during site monitoring, is a potential source of impacts. Biological monitoring, however, should be continued for at least one more year to insure that the site remains stable, and that the habitat values remain high. The next field reconnaissance should be conducted in August or September of 1996, to be followed up with the next annual monitoring report to be prepared in March of 1997. Synopsis and Conclusions * Overall project is successful as determined by percent of cover by native species (100 percent in lower areas) and survivorship of newly planted stock (at least 60 percent overall; 70 percent excluding Chamise). • Slope stabilization has been achieved, although eroded areas remain; these are not a significant threat to habitat integrity at this time. Mr. Conrad Pawelski, page 3. • Survivorship from hydroseed appears excellent after four years. • Survivorship from replacement container stock plantings appears poor to excellent (depending on species) one year following replacement planting. • Wildlife habitat values increasing, as based on signs of vertebrate activity. Several birds (including Federally-threatened California Gnatcatcher), small mammals, and native reptiles seen during field period. Thanks for your ongoing assistance with this mitigation effort. Please contact me if you have questions. Yours very truly, Vincent N. Scheidt, M.A. Consulting Biologist Attachments: Appendix A. Photographs of revegetation site and representative specimens through April 1996. cc Carlsbad Planning Department APPENDIX A. SITE PHOTOGRAPHS AND PHOTOGRAPHS OF REPRESENTATIVE SPECIMENS - THE DE JONG REVEGETATION PROGRAM THROUGH 16 APRIL 1996. Photo 1. Overview of revegetation area looking south from northern edge of site. Undisturbed Southern Maritime Chaparral vegetation is visible on upper left side of photograph. Species identifiable within revegetation area (lower portion of photograph) include Deerweed (Lotus scoparius), and Fasciculated Tarweed (Hemizonia fasciculata) forming a nearly complete cover. February 1994. Photo 2. Photo from same location as above (photo #1) one year later. Note increases in perennial cover (shrubs) and greater diversity of native species. Additional species identifiable in this photo include California Sagebrush (Artemisia californica) (from the hydroseed mix), Sawtooth Goldenbush (Haplopappus squarrosus) (naturalized), and several shrubs which were planted in January 1995 from container stock. Dead material is mostly prior year's crop of Fasciculated Tarweed. February 1995. Photo 3. View from same location as photos #1 and #2 on previous page. Note 100% cover compared with prior years. Orange-brown material covering slope in foreground is mostly drying foliage of Fasciculated Tarweed (Hemizonia fasciculata), a native species which occurs in open, often disturbed habitats. September 1995. Photo 4. Most recent view from same location as above (photos #1, #2, #3). Coastal sage scrub shrubs, particularly California Sagebrush (Artemisia californica), are becoming the dominant perennial. Interestingly, this species was established solely from the original hydroseed application. A male California Gnatcatcher (Polioptila California) was observed in this location in September 1995, and heard again in April 1996. This is a reflection of the evolving nature of the site's wildlife habitat values. Photo taken in April 1996. ™^$ &:•$•;.' feB^s^&J3^M^ Photo 5. Overview of lower area looking north-northeast at offsite oak woodland habitat. Species identifiable include Fasciculated Tarweed, Deerweed, and Virgate Stephanomeria (Stephanomeria virgata). The latter two species are adventive on this site. Both are native colonizers of disturbed soils, and form successional elements. December 1993. • Photo 6. Photo from same general area as above (Photo #3). Note increases in overall height of native shrub elements, including California Sagebrush, Laurel Sumac (Malosma laurina) (showing winter die-back), Coast Live Oak (Quercus agrifolia), and Fasciculated Tarweed. February 1995. Photo 7. September 1995 photo from same area as photos #5 and #6 on previous page. Note two dying oak trees in upper right corner of photo (arrow). It is not clear what the source of mortality was, resulting in this death. These trees were not directly impacted by site grading in 1991, although changes in landform configuration at that time could be partially responsible. Photo 8. Photo from same location area as above (photos #5, #6, and #7). Note increases in height and spread of Laurel Sumac shrub (Malosma laurina) in foreground. Dead trees on right side of photos (arrow) are leafless at this time. April 1996. Photo 9. View up hydroseeded slope showing silt fencing and general openness of the habitat. Species in foreground include Deerweed and Fasciculated Tarweed. February 1994. Photo 10. Photo from same location as above (photo #9) one year later. Note that silt fencing and irrigation system had been removed. Also note great increases in numbers and sizes of perennial shrubs within this restored habitat area, in spite of the fact that shrubs were not utilized within the plant palette for this area. Broom Baccharis (Baccharis sarathroides), a native perennial shrub, is becoming established on this slope along with Deerweed and other natives. February 1995. Photo 11. View up same slope area as illustrated in photos #9 and #10. Note native shrubs planted from container stock beginning to emerge from the dense cover of Fasciculated Tarweed and Deerweed. Natives identifiable in this photo include Laurel Sumac, Lemonadeberry (Rhus integrifolia), and Broom Baccharis. September 1995. Photo 12. Photo from same location as above (photo #9, #10, and #11) taken in April 1996. Note that the formerly barren hillside is becoming decidedly more "shrubby" as native perennials begin to become established on the slope. Early signs indicate that this slope may support a coastal sage scrub/grassland mixture in the future. ->-r?>v^afc5 Photo 13. Close-up of section of slope ate showing second-year Purple Sdpa (Stlpa pulchra) growing in interstices within the jute matting. February 1994. ^v--" 'x :'%.-: mv&vv-vv vx «v v.;^£r'V**'-' ^:"- •*'•*•'*• ^ M,'VxsSi>^\ '-^ Photo 14. Photo showing same area as above (photo #13). Mote at least doubling of size of most specimens of Purple Stipa. Although the area illustrated above is relatively exposed, most other areas previously covered with jute matting are nearly buried beneath native and annual grasses at present. February 1995. Photo 15. Illustration of same area as above (photos #13 and #14) four years after planting. Note that underlying jute matting is nearly covered with mostly native grassland species. Clumping Purple Stipa dominates this slope together with other natives. April 1996. Photo 16. View looking down same slope as illustrated above from top of hill. All areas in the foreground of the photo, from about the middle of the photo down, were completely barren in 1991. The establishment of cover has been very successful. Photo taken April 1996. Photo 17. Lemonadeberry ^/ZMS integrifolia), the most successful of the container stock species utilized. This specimen shows signs of good establishment. February 1994. Photo 18. Same specimen about two years later. Note remarkable amount of growth since planting in 1992. This specimen is now approximately 180 cm high and 200 cm wide. April 1996. Photo 19. Laurel Sumac (Malosma laurina). This species was likewise doing well in the lower revegetation area when photographed in February of 1994. Photo 20. Same specimen as above (photo #19) two years later. This sumac showed significant foliage die-back as a result of winter frost which occurred in late 1994. Following the die-back, this specimen regrew vigorously from lower stems and the root crown system. The overall height of this plant now exceeds 2 meters with a spread exceeding 3 meters. Photo taken April 1996. ^^!^^^^&\'^'' »-j Photo 21. California Sagebrush growing from hydroseed stock in February 1995. Shrubs were up to 40 cm in height at that time. Small Mojave Yucca (Yucca schidigera) from the original container plantings is visible near the middle of the photo. This species is growing very slowly. Photo 22. Same view as above (photo #21) illustrating developing cover of California Sagebrush and Mojave Yucca. Sagebrush shrubs shown are in excess of 1 meter in height. April 1996. Photo 23. Wart-stemmed Ceanothus (Ceanothus verrucosus), a coastal endemic restricted to maritime chaparral. This specimen was planted during the original planting effort four years ago. Note drip irrigation line and minor erosion of slope. Photo taken February 1994. • t; ..-.- Photo 24. Same specimen as illustrated above two years later. Note overall in- crease in plant height, increases in thickness of the main stem and presence of flowering heads indi- cating maturity. Plants in background have grown dramatically. Most are Cali- fornia Sagebrush, and Deerweed. April 1996. Photo 25. Engelmann Oak (Quercus engelmannii) from 15-gallon stock. Note Giant Wild Rye (Elymus condensatus) at right- hand margin of photograph. Specimen had been in ground for two years at time of photograph. Photo taken February 1994. -' / tz-'y : ' ' ••': ' <f Ssr£ •" ' fiv* •:• Photo 26. Same specimen as above photographed approxi- mately two years later. Although predicted to fare poorly over the next several years, this tree appears to be showing new signs of growth. Giant Wild Rye in foreground is forming dense thickets adjacent to the drainage bottom. April 1996. Photo 28. Same specimen as illustrated (photo #27) above two years later. Note substantial in- crease in spread and develop- ment of understory. Photo taken in April 1996. Photo 27. Coast Live Oak from original planting. Note nearby silt fence and irrigation line in foreground. February 1994. . ". ^v* -,' •••' " -w, •• i.-» .-:j . V :' -; «' ' '-'. a Photo 30. Same specimen as illustrated above (photo #29) approx- imately one year later. This species does not appear to grow rapidly during the first year fol- lowing planting, as most initial growth appears concentrated towards root development. Because field monitoring was delayed for several weeks in 1996, a substantially greater amount of annual ground-cover growth is visible in this photo. April 1996. Photo 29. Newly planted Lemonade- berry. This specimen was planted from 4" rosepot container stock. All specimen of this species planted in January 1995 were exhibiting initial signs of establishment at the time of this photogra- ph approximately one month later. Specimen shown is approximately 20 cm in height. Note much larger specimen of California Sagebrush in background. February 1995. F Photo 31. Chamise (Adenostoma fasciculatum) from the original planting. Several specimens of this chaparral indicator species were observed on the south-facing slope at the northern end of the revegetation area. Additional specimens were planted in this same area in January 1995, but all were very small when received, and only a handful showed signs of becoming established when photographed one month later in February 1995. This common native species is difficult to work with and establish in revegetation programs. Photo 32. Same specimen as illustrated above (photo #31) about one year later. This shrub is now in excess of 1.5 meters in height and clearly well established. April 1996. Photo 33. Southerly, upper revegetation area which has become a dumping ground for adjacent agricultural cuttings and related debris. This site was originally planted with various native shrubs, then replanted with six Lemonadeberry shrubs, three Coast Live Oaks, and three Summer Holly (Comarostaphylis diversifolia) shrubs in February of 1995. Illegal dumping activities have resulted in the burial of most of these shrubs, although three surviving Lemonadeberry shrubs were found on the fringe of the debris. Vehicular access to this area should be restricted. Photo taken April 1996. JUN-23-2003 09=37 HUNSflKER a flSSOCIATES SD 858 558 4500 P.02/08 tlun-17-03 12:33P Bt£TSKO Utility Design, Inc &B 676 9774 P.C A, T Sempra Energy "company May 30, 2003 Michael Bass Keystone Communities 5333 Mission Center Road, Suite 360 San Diego, CA 92008 Dear Mr. Bass: Enclosed are two copies of San Diego Gas & Electric's (SDG&E) "Permission to Grade" letter for the proposed grading and improvements within SDG&E's electric transmission easement. Please sign both copies and return them to me along with a check for $700.00 (payable to SDG&E) for the following fees: $350.00 "Permission to Grade" Letter $350.00 Land Use Agreement Upon receipt of the signed documents and check, I will sign both sets, return one to you to be posted at the construction site and retain one for our files. Once we arc sure that the improvements are being completed according to the plans, we will prepare a "Land Use Agreement" for your signature. The "Land Use Agreement" is the document that allows your improvements to remain in our easement subject to the conditions of the agreement. This document will need to be notarized and recorded. Should you have any questions, please contact me at the numbers listed below. Sincerely, Michael J. Williams Land Management Representative Phone (858)654-1201 e.mail tnwilliams^sernpraiitilities.coTn [Cover Ur Grd.docJ JUN-23-2003 09:37 HUNSftKER & PSSOCIftTES SD 858 558 4500 P.03/08 Oun-17-O3 12:33P BUJ«<O Utility Design, Inc As 676 9774 P.C SDG'E A Sempra Energy" company May 30,2003 Michael Bass Keystone Communities 5333 Mission Center Road, Suite 360 San Diego, CA 92008 LETTER OF PERMISSION FOR GRADING AND CONSTRUCTION OF IMPROVEMENTS Dear Mr, Bass: San Diego Gas & Electric Company (SDG&E) is the owner of a 100' Electric Transmission Easement located in and around the following legal description: BEING A PORTION OF SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, MORE PARTICULARLY DESCRIBED AS PARCEL 3 OF CERTIFICATE OF COMPLIANCE, RECORDED MARCH 11,1997 AS FILE NO. 1997-0106632 OF OFFICIAL RECORDS- (A.P.N. 215-080-31) (SDG&E Right of Way No. 31579 Recorded My 21,1954 as Document No. 95548 in Book 5307, Page 311, of Official Records). We have reviewed and approved the Grading Plans for DeJong Property, received January 27, 2003, revised and accepted May 20,2003, which shows the proposed grading and improvements on the property subject to our easement, attached hereto as Exhibit "A" (8 sheets). Permission is hereby granted to Keystone Carlsbad 28 LLC (Permittee), to grade and construct improvements as shown on said plan, subject to the revocability clause as stated in the California Public Utility's Commission's General Order 69-C as shown on website http://www.cpuc.ca.gov/PUBLISHED/Graphics/645.PDF , and the following conditions: 1. Expiration: This "Permission to Grade" shall expire if grading does not commence within 6 months from the date of this letter, or work is not diligently pursued to completion, DcJong Propcity.doc JUN-23-2003 09=38 HUNSfiKER & PSSOCIATES SD 8585584500 P.04/08 Oun-17-03 12:34P BUffSKO Utility Design,Inc A0 676 9774 P-C 2. Submittals: 2.1. Final signed, approved plans must be submitted to SDG&E's Land Management a minimum of 10 working days before commencement of grading and construction of improvements within the easement area. 2.2. Permittee agrees to supply SDG&E Transmission Engineering with 'as built' profiles maps, if requested, of the grade changes within its easements. Profiles shall be at the specifications of SDG&E's Transmission Engineering Department. 2.3. Permittee agrees to supply SDG&E with 'as»buUt' grading plans should revisions occur. 2.4. Landscape and irrigation plans to be submitted to SDG&E for review and approval at least 15 working days prior to construction. 3. Pre-Constructitm Meeting. SDG&E's Land Management Representative must be invited with at least forty-eight (48) hours prior notice, whether by telephone, telefax or otherwise, to any pre- construction meetings held before the start of construction. 4. Grading. 4.1. At least twenty-four (24) hours notice must be given to SDG&E's Land Management before start of work or making field changes to plans within said easement. 4.2. Permittee is responsible to call DIG ALERT at 1-800-227-2600 for all underground mark-out locations. 4.3. No grading shall be allowed within ten (10) feet of a single wood pole structure or anchor, or fifteen (IS) feet from any multi-wood pole structure (H-frame, 3-pole, etc), or twenty (20) feet from any electric steel lattice towers. All measurements are taken from face of foundation or face of pole. Mote details are found in the "Guide for Encroachment - SDG&E Electric Transmission Rights-of-Way." 4.4. Clearance of (35) feet minimum between the SDG&E electric transmission wires and the natural ground shall be maintained on any given day, noting line sags vary depending on ambient temperature and line current. All CALOSHA requirements for clearances between high voltage wires and heavy equipment must be maintained. 4.5. SDG&E reserves the right to inspect and perform quality control work during grading and/or construction. If required, a qualified SDG&E "stand-by" may be needed during work being performed around any SDG&E Transmission facility. Additional fees for SDG&E personnel may be charged. DeJong Preperty.doc JUN-23-2003 09:38 HUNSflKER & flSSOCIflTES SD 858 558 4500 P.05/08 ±*:34P BUgKO Utility Design,Inc^8 676 9774 p.C 5. Special Conditions: 5.1. All new and existing SDG&E access roads and maintenance pads shall be surfaced with a minimum of 6" of Class n Base material. All access driveways shall have a 30' wide commercial grade apron. 5.2. All trees planted within SDG&E's easement, shall be no more than fifteen (15) feet in height at maturity and shall not restrict SDG&E's access to any of its facilities. All trees planted within twenty (20) feet adjacent to SDG&B's easement, shall be no more than thirty (30) feet in height at maturity. 5.3. Irrigation systems shall not spray directly onto any gas or electric facilty, access road or maintenance pad. AU landscaping and irrigation within or adjacent to SDG&E's transmission easement, shall be per plans received and date-stamped May 30, 2003 (see sheets 1, 2, 3,4, 7,11, 12, 13, & 16) 6. Erosion Control: 6.1. All disturbed and created slopes, within the SDG&E electric transmission easement, shall be hydroseeded or planted by Permittee with an SDG&E approved mix. 6.2. Permittee shall design, implement and maintain erosion control to meet the City of Carlsbad's requirements. 1. Storage: 7.1. This permission to grade letter does not permit storage of materials, dirt or debris on the easement or fee parcels and does not allow for grading on the SDG&E fee parcels other than that required to construct the accesses to our service roads as shown on the plans. 8. Access; 8.1. 24 hour access to all existing SDG&E facilities shall be maintained by Permittee. 9. Gates: Any pipe gate construction and the location of the gates relative to the project are to be approved by an SDG&E Land Management Representative. All gates shall be built to accommodate SDG&E locks. All gates are the property of the underlying fee owner. SDG&E has the right, but not the obligation to use and maintain. 10. Outstanding Agreements: Permittee agrees to pay for, sign and/or have signed all Consent Agreements, Right- of-Way Use Agreements and/or Joint Use Agreements between SDG&E and owner, company, or public agencies who encroach upon the SDG&E easements. DeJong Property.doc JUN-23-2003 09=39 HUNSAKER a flSSOCIflTES SD 858 558 4500 P.06/08 VJUTI- J.x-03 12:34P BUT^KO Utility Des-jgn , I nc J^S 676 9774 P.C 11. Changes: This letter shall not be construed as approval of any field changes. Specific approval of any changes within the SDG&E easement, must be approved in writing by SDG&E's Land Management. 12. Contingencies: 12.1. If the Permittee has not received a "Guide for Encroachment - SDG&E Electric Transmission Rights-of-Way," or a copy of the "Land Use Agreement" Permittee shall acquire both from SDG&E's Land Management. 12.2. This letter is subject to Permittee obtaining the necessary grading and improvement permits from the permitting agency. 12.3. This letter does not give Permittee permission to grade off site on any SDG&E easement without permission from underlying fee property owner. 13. Indemnification: 13.1. Permittee agrees to assume all risk of loss, damage to property and/or injury and/or death to persons, and to indemnify and hold SDG&E harmless from any and all liability in any way arising from the proposed grading or construction of improvements. 13.2. SDG&E shall not be responsible in any manner for any maintenance or repair of the proposed grading or improvements. This includes, but is not limited to, drainage and/or erosion problems. 14. Regulations: All applicable laws and regulations of local, state and federal governments and their agencies shall be complied with. 15. Terms and Conditions: The terms and conditions of the document shall benefit and bind Permittee its successors, assigns, agents or contractors. 16. Posting; This permission letter shall be posted on the job site at ail times. DeJong Propefty.doc JUN-23-2003 09=39 HUNSftKER & ASSOCIATES SD 858 558 4500 P.07/08 • JuVi-17-O3 12:3SP BUTgKO Utility Des ign, Znc ^K8 676 9774 P.C Should you have any questions or require additional assistance, please call me at (858) 654-1201, APPROVED BY: San. Diego Gas &. Electric Company Michael J. Williams Land Management Representative I ACCEPT THE AFOREMENTIONED CONDITIONS: I hereby have the authority to sign, Keystone Carlsbad 28 LLC By: Print Name: _ -^blQACb L . V/< Title: Date: DeJong Ptoperty.doc JUN-23-2003 Jun- 17-03 09=39 12:35P HUNSflKER & flSSOCIPTES SD BUCKO Utility Design, Inc 858 553 4500 676 9774 P. 08/08 P.C CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County ot On personally appeared f/W^ ^™r**m ' Mmttl) <4 Signir(t) ally Known to me to me on the basis of satisfactory evidence MICHAEL J-HEIUANN CQmmiulQn * 1339264 Notary Public -C«Wamli SIR Dtogo County to be the personts^-whose namets) subscribed to the within instrument and acknowledged to me that he/skeAhey executed the same in his/herfthelr authorized capadty(ies)r and that by his/herntTBlr signature^ on the instrument the personWror the entity upon behalf of which the person^s) acted, executed the Instrument. WITNESS my hai ial seal. OPTIONAL Though the information below la not requlnd by law, H may prove valuable to persons rafylng on th» document and could prevent frauOulent removal and rannschmen: of this toon to anoOw doeutnem, Description of Attached Document Titla or Type of Document:. Document Date:. Number of Pages:. Signer(s) Other Than Named Above:. Capaclty(ies) Claimed by Signer Signer's Name: Q Individual D Corporate Officer — Title(s): D Partner — G Limited n General C] Attorney-in-Fact D Trustee Q Guardian or Conservator D Other: Top of Ihuftib hAro Signer Is Representing:, C190BKMon*NnltyAMochlkm• S3BQOf SetoAv*.P.O. Stti2449• ChMivraith. CAST313^402• Mm.nillc«Unoliiy.ai« Prad. No. 5B07 FW/S.I: CW Tol-FfM i-BOC-«7»-«l}T TOTflL P.I E V S T O 1ST OMMUN May 22, 2003 Van W. Lynch, Senior Planner City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, CA 92008-7314 Re: CT 98-05 (De Jong Property), Submittal of Gnatcatcher Study Dear Mr. Lynch: Keystone Carlsbad 28, LLC ("Keystone") is pleased to submit the attached "California Gnatcatcher" report completed by Dudek & Associates dated May 1, 2003. The report was submitted to the United States Fish and Wildlife Service (USFWS) on that date. Keystone requests that the contents of this report be deemed acceptable to satisfy Tentative Map Condition No. 20 that requires consultation with the UUSFWS prior to approval of the Final Map. Dudek did not observe any gnatcatchers to be present onsite during eight surveys performed onsite at one-week intervals from March 3 to May 17, 2003. Thank you for your attention to this matter. If you have any questions, please call me at (619)299-4855x312. Best regards, Michael Bass, AVP Project Management Keystone Carlsbad 28 LLC 5333 MISSION CENTER ROAD, STE. 360, SAN DIEGO, CA 92108-1351 619/299-4855 • FAX 619/299-4845 & ASSOCIATES, INC. Engineering, Planning, Corporate Office: Environmental Sciences and 605 Third Street 760.942.5147 ion,/TOO,™ for complex Projects Management Services Encinitas, California 92024 Fax 760.632.0164 1 May 2003 3683-01 Mr. Pete Sorensen U.S. Fish and Wildlife Service 6010 Hidden Valley Road Carlsbad, CA 92009 Subject: California Gnatcatcher Consultation for Keystone Carlsbad 28 LLC, Morning Ridge (aka De Jong Residential) Project; City of Carlsbad, California Dear Mr. Sorensen: Keystone Carlsbad 28 LLC ("Keystone") is attempting to obtain approval of a final map for their Morning Ridge project in the City of Carlsbad, California. The 33.4-acre project, once known as the De Jong Residential Project, is situated at the northeast corner of Black Rail Road and Poinsettia Lane. Briefly, Planning Commission Resolution No. 4506, dated 7 April 1999, stipulates in Findings No. 20 that "prior to approval of the final map, the developer shall be required: 1) to consult with the United States Fish and Wildlife Service (USFWS) regarding the impact of the project on the Coastal California Gnatcatcher; and, 2) obtain any permits required by the USFWS." This letter seeks to satisfy Findings No. 20. Brief History The Mitigated Negative Declaration (MND), approved on 30 November 1998, found that the project would impact 0.7 acres of southern maritime chaparral but would preserve 16.7 acres of native habitats including 100% of coastal sage scrub, coast live oak woodland, disturbed coastal sage scrub, disturbed southern maritime chaparral, scrub oak chaparral, valley needlegrass grassland, and 93% of southern maritime chaparral (9.8 acres) habitats onsite. In addition, the MND determined that the project was in conformance with the Draft Carlsbad HMP because 61% of the site would be preserved wherein Preserve Planning Area 4 of the Carlsbad Draft HMP had been designated for 50 to 60% preservation. Additionally, native habitats onsite received 97% preservation. A single California gnatcatcher was located onsite in the summer of 1998, however it was thought that the bird was dispersing through the site or was a resident of adjacent habitat (most of which has since been developed). The MND found that "No impacts are expected Mr. Pete Sorensen Re: California Gnatcatcher Consultation for Keystone Carlsbad 28 LLC Morning Ridge (aka De Jung Residential) Project; City of Carlsbad, California to occur to the California gnatcatcher/' particularly since coastal sage scrub habitat was not going to be impacted. As part of the biological mitigation measures incorporated into the MND, the Developer was required to implement the following: 1. Grant an irrevocable offer of dedication to the City of Carlsbad or an acceptable entity for an open space/conservation easement over Lot Numbers 29 and 30 of the tentative map. This includes 100% or 6.9 acres of coastal sage scrub, coast live oak woodland, disturbed coastal sage scrub, disturbed southern maritime chaparral, scrub oak chaparral, and valley needlegrass grassland habitats and 93% or 9.8 acres of southern maritime chaparral. The resulting mitigation ratio for impacts to southern maritime chaparral is 14:1. In addition, the open space easement preserves 100% of the Del Mar manzanita, wart-stemmed ceanothus, summer holly, and NuttaJTs scrub oak onsite. 2. Restrict grading operations within 100 feet of the proposed open space area between February 15 and August 30 of each year unless it can be shown through field reconnaissance by a certified biologist that no gnatcatchers are present on the property for two months prior to the start of grading. 3. Implementing CC&R;s that restrict usage and structures within Lot(s) 29 (open space). Since that time, Carlsbad City Council Resolution No. 99-161 regarding approval of the A/litigated Negative Declaration and Mitigation Monitoring and Reporting Program, Zone Change 98-02, Local Coastal Program Amendment 98-03, Tentative Tract Map 98-05, Hillside Development Permit 98-03, Coastal Development Permit 98-26, and Variance 98-04 was approved on 11 May 1999 along with the findings and conditions of the Planning Commission contained in Planning Commission Resolutions No. 4503, 4504, 4505, 4506, 4507, 4508, and 4509. The resulting Ordinance No. NS-481 was unanimously passed and adopted on 18 May 1999. This was accomplished after the whole process received a full legal public review period. 3683-01 &. ASSOCIATES, INC. | May1i2o03 Page 2 Pro/'""""' T"»» '»' Compfee Proj«as Mr. Pete Sorensen Re: California Gnatcatcher Consultation for Keystone Carlsbad 28 LLC Morning Ridge (aka De Jung Residential) Project; City of Carlsbad, California Current Status In preparation of the anticipated start of grading, Dudek and Associates, Inc. (DUDEK) has been conducting focused California gnatcatcher surveys over all potential habitat onsite. Surveys have been conducted on 23 March and I, 11, 18, and 27 April 2003. Additional surveys are planned for 3,10, and 17 May 2003. All surveys have been conducted according to protocol and survey conditions have been appropriate. Thus far the surveys have been negative. The negative result is not unexpected as the potential habitat is generally steep and surrounded by dense chaparral or oak woodlands and the vicinity has been, or is in the process of being developed. As long as the remaining surveys are negative, and the other mitigation measures are implemented, DUDEK believes that Keystone will have met the necessary conditions required to begin grading activities. Also, DUDEK believes that additional permits are not required from the USFWS because: (1) project impact avoidance to coastal sage scrub; (2) MND findings that no impacts are expected to occur to California gnatcatcher; and (3) our current lack of California gnatcatcher observations. Therefore, DUDEK would like to receive concurrence from the USFWS that further consultation is not required and that additional permits are not required. Please feel free to contact me with any questions or comments at (760)942-5147 or by email at: bortega@dudek.com. Any confirmation of this letter would be acceptable either by letter, email, or telephone. Thank you very much for your time and consideration. Very truly yours, DUDEK & ASSOCIATES, INC. Brock A. Ortega Senior Wildlife Biologist 3683-01 ,& ASSOCIATES, 1NC.| MayU003 Page 3 taxif for Complex Project* City of Carlsbad Planning Department May 8, 2003 Keystone Communities Michael Bass Suite 360 5333 Mission Center Road San Diego CA 921 08-1 351 RE: CT 98-05 - DEJONG PROPERTY CC&Rs Dear Mr. Bass: Please find attached comments to the CC&Rs for the DeJong Property, CT 97-05, submitted to the City of Carlsbad for review. The comments are primarily from the Engineering Department and any questions can be directed to Clyde Wickham at (760) 602-2742. Sincerely, Van LyWch Senior Planner VLbd attachment c: file 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us Van Lynch - Re: DeJong CT 98-05 From: Liz Ketabian To: Van Lynch Date: 5/31/02 3:30PM Subject: Re: DeJong CT 98-05 Van, I pulled the CT maps (98-05) and the reso today and looked at the trail. Here's one concern. On the maps it indicates a 20' Open Space/landscape buffer with the trail within that easement and doesn't specifically define the trail easement restricted to the 8' width of the trail so it appears that the way it is written now, that the City would also be responsible for the landscaping within what's referred to on the plans as the 20' buffer /open space easement. We've had discussions with Park Maintenance on other similar situations and determined that the City would only like the trail easement dedication be the trail only not adjacent landscaping, in other words have the HOA remain responsible for the landscaping and irrigation if we decide to accept the developer built trail s in the future. So, in general the answer to your question is: Keep an IOD for the trail easement, but do whatever we can to revise the language and plans to indicate only the trail, not adjacent landscaping. Another question: Do you know if grading plans are done or how far along the grading plans are ? Sometimes the language is more specific grading plans, indicating only the trail easement as wide as the actual trail. So if there's an engineer assigned to the project and if we could look on those plans then maybe, the above concern has already been addressed. Would the IOD on a grading plan supersede the conditions on the tentative map? (still learning!) You may wonder why we would want this small section of trail on Poinsettia Ln. It is important to have the option there for the City so that in the future should it be possible to work something out with SDG & E, the DG trail could tie into the SDG&E service road in the Open Space that runs to the north of Poinsettia Ln. Also Poinsettia Ln. will be a major East West connection of the Citywide Trails Plan. I'll send you a brief memo for your file along with the 11 x 17 maps reiterating the above. Thanks. Liz X2978 >» Van Lynch 05/28/02 05:07PM >» Liz; I'm working on a Tentative map extension and would like you to review the condition of approval for the constuction of a trail. Planning commission reso number 4506 condition number 25. This trail is along future Poinsettia Ln, east of Black Rail Rd, and is on the north side of Poinsettia and is a dg meandering pathway (project also has a sidewalk adjacent to Poinsettia). Let me know if I need to modify the trail condition. Thanks, Van CC: Don Rideout CDUNTV OF SAN DISCO 5011 as -6L of fsr rgyflfc Ravffl«r/(H»B8»»t f« pMpos«d <feV67»p«ent of tt« site fssr rtsidantlil. DEPARTMENT OF ENVIRONMENTAL HEALTH LAND AND WATER QUALITY DIVISION P.O. BOX 129261, SAN DIEGO, CA 92112-9261 (619)338-2222 FAX (61 9) 338-2377 1-800-253-9933 April 15, 2003 Mr. Michael Bass Keystone Communities 5333 Mission Center Road, Ste. 360 San Diego, CA921Q8 Dear Mr. Bass: VOLUNTARY ASSISTANCE PROGRAM CASE H39624-001 DEJONG PROPERTY POINSEttlA LANE & BLACK RAIL ROAD CARLSBAD, CA , The site remediation information submitted to this agency by GeoSoils, Inc. consultants, summarizing the site characterization and mitigation activities at the above-referenced location, has been-reviewed. With the provision that the information provided to this agency was accurate and representative of existing conditions, it is the position of this office that no further action is required at this time. Please be advised that this letter does not relieve you 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, safety and/or water quality, additional site assessment and cleanup may be necessary. Changes in the proposed use of the above site as a 29-unit residential development may require reevaluation to determine if the change will pose a risk to public health. Thank you for your efforts in resolving this matter. Please contact Laurie Apecechea of the Site Assessment and Mitigation Program (SAM), at (619) 338-2457, if you require additional assistance. Sincerely, ^**}-*v— «£— /£-*— GEORGE McCANDLESS, Program Manager Supervising Environmental Health Specialist Site Assessment and Mitigation Program GM:LA:kd . , "•-.'• • . , . ' -• Enclosure cc: Regional Water Quality Control Board Consultant Donna Gooley, GeoSoils, Inc. WP/H39624-001VAPCLO "Environmental and public health through leadership, partnership and science" Case Closure Summary Non-LOP or Voluntary Assistance Program 1. AGENCY INFORMATION DATE: April 2, 2003 Agency Name: County of San Diego, Environmental Health, SAM City/State/ZIP: San Diego, CA 92112-9261 DEH Staff Person: Laurie Apecechea Address: P.O. Box 129261 Phone:(619)338-2222 Title: Project Manager FAX: (619)338-2377 CASE INFORMATION Case No. H39624-001 Site Name: DeJong Property Site Address: Poinsettia Lane & Black Rail Road, Carlsbad, CA Property Owner: Keystone Communities 5333 Mission Center Road, Ste. 360 Address: San Diego, CA 92108 Michael Bass Phone: (619)299-4855x314 Responsible/Requesting Party : SAME Address: -Phone: - Type of Case: ]g[ Non-Tank Case RWQCB/DTSC notification of DEH Oversight: 3/10/03 SITE CHARACTERIZATION AND/OR INFORMATION Cause and Type of Contamination Site Characterization complete? Monitoring Wells Installed? (if any): Pesticide contaminated soil. Agricultural land to residential conversion Yes No Total Number: N/A Proper Screened Interval? N/A Range of groundwater levels on the site? Estimated to be greater than 25 feet Number of decommissioned wells: N/A Groundwater Flow Direction:N/A Most Sensitive Current Use: Groundwater has been exempted from designated or potential beneficial uses Surface Water having designated or potential beneficial uses for: Recreational 1 Recreational 2 Are Drinking Water Wells Affected? No RWQCB Basin Number: 904.51° Is Surface Water Affected?No Nearest Surface Water name: None Off-Site Beneficial Use Impacts (addresses/locations): None TREATMENT AND DISPOSAL OF AFFECTED MATERIAL Material Amount (Include Units)Action (Treatment or Disposal w/Destination)Date Non-LOP - Underground Storage Tank Oversight handled outside the LOP Non-Tank - Voluntary Assistance Program DEH:HM-9159 (Rev. 6/99)Page 1 of 2 HI. Case Closure Summary Non-LOP or Voluntary Assistance Program SITE CHARACTERIZATION AND/OR INFORMATION (Continued)H39624-001 MAXIMUM DOCUMENTED CONTAMINANT CONCENTRATIONS - - BEFORE AND AFTER CLEANUP Contaminant Dieldrin 4,4' -ODD SoilJgpmJ Before 0.029 0.092 After 0.029 0.092 Water (ppb) Before N/A N/A After N/A N/A Contaminant 4,4'-DDE 4,4'-DDT Soil (ppm) Before 0.067 0.198 After 0.067 0.198 Water (ppb) Before N/A N/A After N/A N/A Comments: This Voluntary Assistance Program (VAP) case was opened for assistance in regards to the environmental concerns of a 33.4- acre parcel of property referenced as APN 215-080-01. The property is currently vacant and residential use is proposed for the subject property where the western portion was previously utilized for agriculture. According to the consultant, the property appears to be developed for agricultural purposes from 1946 to 1994, and the east side of the property has remained native. An Environmental Site Assessment Report was conducted for the site by a consultant dated March 29,1999. Ten soil samples were obtained from areas of agricultural use at a depth of one foot below ground surface (bgs). Samples were analyzed for Organochlorine pesticides only, and the analytical results indicated soil was impacted with 4,4'-DDE, dieldrin and 4,4'-DDT. The maximum concentrations were below soluble threshold limit concentration (STLC) and total threshold limit concentration (TTLC) values and therefore the consultant stated the pesticide concentrations found at the site are negligible. In August 30, 2002, a different consultant prepared a Phase I Environmental Site Assessment Report. This consultant recommended that a detailed agricultural chemical residue survey be conducted within areas of planned for grading as well as within the current storage and mixing areas. The same consultant prepared the Limited Agricultural Chemical Residue Survey report dated December 23, 2002 and submitted all the above-mentioned data to the Site Assessment and Mitigation Program. Samples were taken at % foot and 1 Vi foot from five locations within the former agricultural area of the subject property. Soil samples were analyzed for Chlorinated Pesticides, Organophosphorous Pesticides, and Chlorinated Herbicides. The analytical results were all below the laboratory detection limits except for ODD, DDE, DDT and dieldrin. The concentrations found are below the action levels for hazardous waste criteria. The concentrations were compared to the EPA Region 9 Preliminary Remediation Goals (PRGs) for Residential uses. The consultant states that the concentrations for DDT(Tolal| and Dieldrin detected in the soil on the subject property are sufficiently below the PRGs so as not to present a risk to human health. SAM concurs with the consultant's conclusion based on the site conditions presented in the report. IV.CLOSURE Does completed corrective action protect existing beneficial uses per the Regional Board Basin Plan?Yes Does completed corrective action protect potential beneficial uses per the Regional Board Basin Plan?Yes Does corrective action protect public health for current land use? Yes • Case review based on proposed use as: 29-unit residential development Are there other issues DEH needs to follow up on: None Site Management Requirements: Any contaminated soil excavated as part of subsurface construction work must be managed in accordance with the legal requirements at that time. Should corrective action be reviewed if land use changes?Yes List Enforcement Actions Taken: N/A List Enforcement Actions Rescinded: N/A Is this account up to date and current?:Yes V.LOCAL AGENCY REPRESENTATIVE DATA Name: Tony Sawyer Signature: ~V-,->-L_ ' * Title: Hydrogeologist Land and Water Quality Division Date: ^/"~/ */" — O J> VI.NORWQCB NOTIFICATION ( ^ Date Submitted to RWQCB: N/A Voluntary Assistance Program RWQCB Staff Name: RWQCB Response: Title:Date: 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(Rev. 6/99)Page 2 of 2 MAK K b ZG03 ity of Carlsbad Housing & Redevelopment Department March 25, 2003 Donald L. Williamson Keystone Communities 5333 Mission Center Road, Suite 260 San Diego, CA 92108-1350 Subject: CT 98-05 Affordable Housing Agreement Dear Mr. Williamson: Please find enclosed for your signature, a copy of the Affordable Housing Agreement for the above referenced project. Please note, if the document is being signed by a Corporation, the Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-President **Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. Once executed, please return the document to me and I will complete the signature process. Once the document is fully executed, I will send you an original copy. If you have any questions about the above information, please call me at 760.434.2817. Sincerely, Craig D. Ruiz Management Analyst" 2965 Roosevelt St., Ste. B • Carlsbad, CA 92008-2389 • (760) 434-2810/2811 • FAX (760) 720-2037 Recording Requested by: City of Carlsbad When Recorded Mail to: City of Carlsbad City Clerk's Office Attn: City Clerk 1200 Carlsbad Village Drive Carlsbad. California 92008 (Space above for Recorder's Use) AFFORDABLE HOUSING AGREEMENT THIS AFFORDABLE HOUSING AGREEMENT ("Agreement") is entered into this of Ufl4Ci-200j& by and between the CITY OF CARLSBAD, a municipal corporation (hereinafter referred to as the "City"), and Keystone Carlsbad 28 LLC, a limited liability corporation (hereinafter referred to as the "Developer"), is made with reference to the following: RECITALS A. Developer is the owner of certain real property in the City of Carlsbad, County of San Diego, State of California, described in "Attachment A", which is attached hereto and incorporated herein by this reference, and which is the subject of a Tentative Map CT 98-05 which provides conditional approval of the construction of 28 single family residential parcels ("Project"). B. Chapter 21.85 of the Carlsbad Municipal Code requires that this Affordable Housing Agreement shall be entered into between the City and the Developer as a means of satisfying the Developer's affordable housing obligation ("Affordable Housing Obligation"), as such is defined under Chapter 21.85 of the Carlsbad Municipal Code. Planning Commission Resolution No. 4506 provides that the Affordable Housing Obligation of four and two tenths (4.2) units will be satisfied by the purchase of affordable housing credits, as provided for in Chapter 21.85, Section 21.85.080. NOW, THEREFORE, incorporating the foregoing Recitals and in consideration of the mutual covenants contained herein, the parties agree as follows: 1. That the Recitals Are True And Correct. 2. THAT SATISFACTION OF DEVELOPER'S AFFORDABLE HOUSING REQUIREMENT WILL BE BY THE PURCHASE OF AFFORDABLE HOUSING CREDITS. June 11,2002 (a) Performance under this Agreement satisfies the Developer's obligation for affordable housing under Chapter 21.85 of the Carlsbad Municipal Code as applied to the land covered by Carlsbad Tract No. CT 98-05 by reason of the approvals of the Tentative Map of CT CT 98-05, including Condition No. 22 listed in Planning Commission Resolution No. 4506, and any other applicable approval. (b) The Developer shall purchase four and two tenths (4.2) Affordable Housing Credits for an amount established by resolution of the City Council and as required by Condition No. 22 of Planning Commission Resolution No. 4506. The fee shall be paid prior to the Developer receiving any building permits for the project. 3. REMEDIES Failure by the Developer to perform in accordance with this Agreement will constitute failure to satisfy the requirements of Chapter 21.85 of the Carlsbad Municipal Code and Condition No. 22 of Planning Commission Resolution No. 4605. Such failure will allow the City to exercise any and all remedies available to it including but not limited to withholding the issuance of building permits for the lots shown on Carlsbad Tract No. CT 98 -05. 4. HOLD HARMLESS Developer will indemnity and hold harmless (without limit as to amount) City and its elected officials, officers, employees and agents in their official capacity (hereinafter collectively referred to as "Indemnitees"),. and any of them, from and against all loss, all risk of loss and all damage (including attorneys' fees and expenses) sustained or incurred because of or by reason of any and all claims, demands, suits, or actions, obtained, allegedly caused by, arising out of or pertaining in any manner to Developer's actions or defaults pursuant to this Agreement, and shall protect and defend Indemnitees, and any of them with respect thereto. 5. NOTICES All notices required pursuant to this Agreement shall be in writing and may be given by personal delivery or by registered or certified mail, return receipt requested to the party to receive such notice at the address set forth below: TO THE CITY: City of Carlsbad Housing and Redevelopment Department Attn: Housing & Redevelopment Director 2965 Roosevelt Street, Suite B Carlsbad, California 92008-2389 June 11, 2002 TO THE DEVELOPER: Donald L. Williamson Keystone Communities 5333 Mission Center Road, Suite 260 San Diego, CA 92108-1350 Any party may change the address to which notices are to be sent by notifying the other parties of the new address, in the manner set forth above. 6. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties and no modification hereof shall be binding unless reduced to writing and signed by the parties hereto. 7. DURATION OF AGREEMENT This Agreement shall terminate and become null and void upon the payment of the Affordable Housing Credits, or the repeal, termination, or modification of any applicable ordinance which act would render the Affordable Housing Obligation unnecessary or unenforceable. 8. SUCCESSORS This Agreement shall benefit and bind the Developer and any successive owners of Affordable Housing Lots. 9. SEVERABILITY In the event any provision contained in this Agreement is to be held invalid, void or unenforceable by any court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless, be and remain in full force and effect. June 11, 2002 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed as of the day and year first above written. DEVELOPER By: Name Donald L. Williamson Title Agent CITY City of Carlsbad, a Municipal corporation By: Sandra L. Holder Community Development Director By: Name Title If required by City, proper notarial acknowledgment of execution by Developer must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-President **Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney By:_ Assistant City Attorney June 11,2002 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF subscribedto the within instrument personally appeared personally known ^_me (or proved to menn th<- hagiTnfori.^fagtnry evifJpnrM'tn h/^thc and acknowledged to me that£e/jsii«Ah«y executed the same in fiTfyN'r'tridr authori the(6ers3lS4«or the entity upoffoehalf of which rn^pers&pfcMctea, executed the ins WITNESS my Signature ^ whose ~(i»s) and thaTUy n the instrument CHRISTINE SMITH CALIAWAYI COMM.# 1353318 ^ [NOTARY PUBUC-CAUFORN1AO 1 SAN DIEGO COUNTY '0 COMM. EXP. APRIL 25.2004 f This area for official notarial seal. OPTIONAL Though the information below is not required by law, it may prove valuable to persons refying on the document and could prevent fraudulent removal and reattachment of this form to another document. DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document: Document Date: Q^^Y ' £/ ^>Number of Pages : _4' Signer(s) other than named above CAPACITY(IES) CLAIMED BY SIGNER(S) [ ] INDIVIDUAL [ ] CORPORATE OFFICER(S) [ ] PARTNER(S)- [ ] LIMITED [ ] GENERAL [ ] ATTORNEY-IN-FACT [ ] TRUSTEE(S) [ ] GUARDIAN OR CONSERVATOR [ ixf OTHER Sl^^fM" ^T SIGNER IS REPRESENTING: Right Thumbprim of Signer [ ] INDIVIDUAL [ ] CORPORATE OFFICER(S) Tl I LE(b) [ ] PARNER(S)-[ ] LIMITED [ ] GENERAL [ ] ATTORNEY-IN-FACT [ ] TRUSTEE(S) [ ] GUARDIAN OR CONSERVATOR [ ] OTHER Right Thumbprint of Signer ATTACHMENT A LEGAL DESCRIPTION OF SUBJECT PROPERTY Page i DESCRIPTION Order No. 33040248 THAT PORTION OF SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASS AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 3 OF SAID SECTION 22 AS SHOWN AND ESTABLISHED ON RECORD OF SURVEY NO. 1209S, FILED IN THE OFFICE OF THE COUNTY F.ECORDER OF SAN DIEGO COUNTY MARCH 23, 1989, SAID CORNER BEING MARKED BY A 2 INCH IRON PIPS WITH CAP STAMPED "L.S. 3189 1/2M AHR 1979"; THENCE ALONG THE NORTH LINE OF SAID SECTION 22 SOUTH 89° 24'12" EAST, 1347.66 FEET ( NORTH 89°24'08" WEST, 1347.71 FEET PER RECORD OF SURVEY 13762) TO A 1/2 INCH REBAR ESTABLISHING THE EASTERLY LINE OF LOT 2 OF SAID SECTION 22 PER RECORD OF SURVEY NO. 13762, FILED IN THE OFFICE OF THE COUNTY RECORDER MAY 14, 1992; THENCE ALONG THE EASTERLY LINE OF LOT 2 AS ESTABLISHED PER SAID RECORD OF SURVEY NO. 13762, SOUTH 00°47'07" EAST ( SOUTH 00°47'03" EAST PER RECORD OF SURVEY 13762), 1114.12 FEET TO A 1/2 INCH REBAR ESTABLISHING THE SOUTHEAST CORNER OF SAID LOT 2 PER SAID RECORD OF SURVEY NO. 13762; THENCE NORTH 86°55'26" WEST 1337.37 FEET ( NORTH 86°55'36" WEST, 1337.72 FEET PER RECORD OF SURVEY 13762) TO SOUTHEAST CORNER OF SAID LOT 3, SAID CORNER BEING MARKED BY 3/4 INCH IRON PIPE MARKED "R.C.S 8210" AS SHOWN AND DESCRIBED ON SAID RECORD OF SURVEY NO. 12096; THENCE NORTH Ql°29'12" WEST ( NORTH 01°28'59" WEST PER RECORD OF SURVEY 12096), 1056.64 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION THEREOF LYING NORTH OF THE SOUTH BOUNDARY LINE OF RANCKO AGUA KSDIONDA AS SAID SOUTH LINE WAS ESTABLISHED MAY 5, 1913, BY DECREE OF THE SUPERIOR COURT OF THE STATS OF CALIFORNIA, IN AND FOR SAN DIEGO COUNTY, IN THAT CERTAIN ACTION NO. 16330 ENTITLED KELLY INVESTMENT COMPANY, a Corporation, VS. CLARENCE DAYTON HILLMAN AND BESSIE OLIVE HILLMAN. ' ' WR1 x lEN CONSENT OF THE SOLE M>*X A OR OF KEYSTONE COMMUNITIES, INC. Dated as of The undersigned, being sole director of Keystone Communities, Inc., a California corporation organized under the General Corporation Law of California, does hereby consent to take the following action and adopt the following resolutions: WHEREAS, the Board of Directors will be presented with various documents regarding management and operation of the real estate project owned by LLC, a California limited liability company ("Company"); WHEREAS, this corporation is the Manager of Company; WHEREAS, the Board of Directors has determined that it is in the best interest of this corporation to enter into all required pro j act management documents ; WHEREAS, the Board of Directors wish to appoint Donald L. Williamson as an agent of the corporation; NOW THEREFORE, BE IT RESOLVED that Donald L. Williamson is appointed as an agent of the corporation and by his signature alone, is hereby authorized and directed to execute on behalf of this corporation in its capacity as the Manager of the Company any and all documents, applications and instruments necessary or appropriate to effectuate all of the obligations, duties and rights of this corporation with respect to the real estate project of the Company, and to execute any and all other documents, instruments, contracts, agreements, subdivision maps and other documents relating to the Company in its capacity as previously described, and the following signature block shall apply in connection therewith: KEYSTONE CARLSBAD 28 LLC By: Keyston&^ommunities.Jtnc.yarC A cojpo^Jrp, Manager DWald L. Williamson, Agent The undersigned directs that this consent be filed with the minutes of the proceedings of the Board of Directors of the Corporation. This consent is executed pursuant to Section 307(b) of the Corporations Code of the State of California, and Section 13 of Article El of the Bylaws of this corporation, which authorize the taking of action by the Board of Directors by unanimous written consent without a meeting. Dated as of: Gary S. Copson City of Carlsbad Planning Department June 27, 2002 Arie DeJong 622 E Mission Rd San Marcos CA 92069 SUBJECT: CT 98-05X2/HDP 98-03X2- DEJONG PROPERTY The preliminary staff report for the above referenced project is attached. This preliminary report will be discussed by staff at the Development Coordinating Committee (DCC) meeting which will be held on July 8, 2002. A twenty (20) minute appointment has been set aside for you at 1:00. If you have any questions concerning your project you should attend the DCC 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. Your colored exhibits must be submitted at this time to ensure review by the Planning Commission at their briefings. If the colored exhibits are not available for their review, your project could be rescheduled to a later time. 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 your Planner, Van Lynch at (760) 602-4613. CITY OF CARLSBAD GARY E. WAYNE Assistant Planning Director GEW:VL:cs Jack Henthorn, Jack Henthorn & Associates, Ste D, 5375 Avenida Encinas, Carlsbad CA 92008 File Copy 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us Gray Davis GOVERNOR STATE OF CALIFORNIA Governor's Office of Planning and Research State Clearinghouse June 6, 2001 Steve Nissen DIRECTOR Van Lynch City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Subject: De Jong Residential Tentative Map Extension-CT 98-05xl/CDP 98-26x1 SCH#: 1998111082 Dear Van Lynch: The State Clearinghouse submitted the above named Negative Declaration to selected state agencies for review. The review period closed on June 5, 2001, and no state agencies submitted comments by that date. This letter acknowledges that you have complied with the State Clearinghouse review requirements for draft environmental documents, pursuant to the California Environmental Quality Act. Please call the State Clearinghouse at (916) 445-0613 if you have any questions regarding the environmental review process. If you have a question about the above-named project, please refer to the ten-digit State Clearinghouse number when contacting this office. Sincerely, Terry Roberts Senior Planner, State Clearinghouse 1400 TENTH STREET P.O. BOX 3044 SACRAMENTO, CALIFORNIA 95812-3044 916-445-0613 PAX 916-323-3018 WWW.OPR.CA.GOV/CLEARINGHOUSE.FITML Document Details Report State Clearinghouse Data B SCH# 1998111082 Project Title 'De Jong Residential Tentative Map Extension-CT 98-05x1/CDP 98-26x1 Lead Agency Carlsbad, City of Type Neg Negative Declaration Description Extension of a Tentative Tract Map and Coastal Development Permit for an approved 28 unit residential single-family subdivision. State Clearinghouse Number 98111082 was from a previous Mitigated Negative Declaration. Lead Agency Contact Name Agency Phone email Address City Van Lynch City of Carlsbad 760-602-4613 1635 Faraday Avenue Carlsbad Fax State CA Zip 92008 Project Location County City Region Cross Streets Parcel No. Township San Diego San Bernardino Poinsettia Land and Black Rail Road 215-080-01 12S Range 4W Section 22 Base SB Proximity to: Highways I-5 Airports Railways Waterways Schools Land Use McClellan/Palomar NCTD Batiquitos Lagoon Aviara Oaks Elementary Vacant/fallow agricultural land/Residential single family/Residential Low-Medium and Open Space. Project Issues Air Quality; Traffic/Circulation Reviewing Resources Agency; California Coastal Commission; Department of Fish and Game, Region 5; Office of Agencies Historic Preservation; Department of Parks and Recreation; Caltrans, District 11; Department of Health Services; State Water Resources Control Board, Clean Water Program; Regional Water Quality Control Board, Region 9; Native American Heritage Commission; State Lands Commission Date Received 05/07/2001 Start of Review 05/07/2001 End of Review 06/05/2001 Note: Blanks in data fields result from insufficient information provided by lead agency. City of Carlsbad Planning Department May 15, 2001 Jack Henthorn Jack Henthorn & Associates Ste D 5375 Avenida Encinas Carlsbad CA 92008 SUBJECT: CT 98-05x1 - DEJONG RESIDENTIAL MAP EXTENSION The preliminary staff report for the above referenced project will be available for you to pick up on Friday, May 18, after 8:00 a.m. This preliminary report will be discussed by staff at the Development Coordinating Committee (DCC) meeting which will be held on May 29, 2001. A twenty (20) minute appointment has been set aside for you at 10:00. If you have any questions concerning your project you should attend the DCC 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. Your colored exhibits must be submitted at this time to ensure review by the Planning Commission at their briefings. If the colored exhibits are not available for their review, your project could be rescheduled to a later time. 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 your Planner, Van Lynch at (760) 602-4613. CITY OF CARLSBAD GARY E. WAYNE Assistant Planning Director GEW:VL:cs Aire DeJong, 622 E Mission Rd., San Marcos CA 92069 File Copy 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us HENTHORN & ASSOCIJ^ES LETTER OF TRANSMITTAL To: Van Lynch Of: City of Carlsbad, Planning Dept. 1635 Faraday Carlsbad, CA 92008 Phone: 760-602-4613 Fax: 760-602-8559 From: Chang Sivilay Of: Jack Henthorn &. Associates 5365 Avenida Encinas, Suite A Carlsbad, CA 92008 Phone: (760) 438-4090 Fax: (760) 438-0981 Date: 5/10/01 Time: 1:00 PM RE: Updated Disclosure Statement - Signed FORWARDED BY: jg» HAND DELIVERY D U.S. MAIL D FAX D COURIER D PRINTER D PICK-UP Pages Description 1 Transmittal 2 Updated Disclosure Statement (signed) COMMENTS: Van, as requested, attached is the updated "Disclosure Statement". Please call me if you have any questions or need any additional information. Thank you, Chang Copies to: File RECEIVED MAY 10 2001 CfTY OF CARLSBAD PUNNING DEPT. ftitv of Carlsbad Planning Department DISCLOSURE STATEMENT Applicant'r statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submirtal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined aa "Any individual,- firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of 4JJL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- APPLICABLE (N/A) IN THE SPACE BELOW If a publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) ADJ Holdings, LLCPerson Arie de JnngnJr, Title Anna P .T r\nt Corp/Part_ Title Managing Member Address 605 East Rnadr Address. Same San Marcos, Ca. 92069 OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE. INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly- owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Arie de Jong Jr. Titie Anna P. de Jong Corp/Part ADJ Holdings, LLC Title Managing Memhpr Address 605 East Mission Road,Address Same San Marcos, Ca. 92069 1635 Faraday Avenue • Carlsbad. CA 92OO8-7314 • (760) 6O2-460O • FAX (760) 6O2-8559 3. NON-PROFIT O^VNIZATION OR TRUST A If any person identified pursuant to (1) or (2) above is a nonprofit ory aniTation or a trust, list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Profit/Trust Non Profit/Trust ; Title Title Address • Address 4. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? I | Yes I x I No If yes; please indicate person(s); NOTE: Attach additional sheets if necessary. I certify that all the abovejnfonnation is. true and correct to the best of ray knowledge. Arie de Jong, Jr. Managing Member Arie de Jong, Jr. Managing Member Print or type name of owner Print or type name of applicant Signature of owner/applicant* s agent if applicable/date iri R Print or type name of owner/applicant's H:ADMIN\COUNTER\DI5CLOSURE STATEMENT 5/98 Pog« 2 Of 2 HUNSAKER & ASSOCIATES SAN PLANNING DIEGO, • ENGINEERING INC. SURVEYING 10179 Huennekens Street San Diego, CA 92121 (858) 558-4500 PH (858) 558-1414 FX TRANSMITTAL LETTER DATE: TO: FROM: PROJECT: W.O.#: February 17, 2000 Don Neu Carlsbad, City of Faraday Center Municipal Projects 1635 Faraday Avenue Carlsbad, CA 92008-7314 Rina Alvarez Dejong Property 2240-008 RECEIVED FEB 18 2000 CITY OF CARLSBAD PLANNING DEPT. CC: WE ARE FORWARDING BY: £<] Messenger Q Overnight Delivery Pick-up THIS MATERIAL IS FORWARDED FOR: IXI Your Files | | Per Your Request D Mail I I Approval I I Checking H NO. COPIES DESCRIPTION 1 Tentative Map 1 Constraints Map Your Review COMMENTS: HENTHORN & ASSOCI LETTER OF TRANSMIT! AL ^E ^ To: Don Neu Of: City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009 Phone: (760)438-1161 Fax: (760) 438-0894 From: Jack E. Henthorn Of: Jack Henthorn & Associates 5375 Avenida Encinas, Suite D Carlsbad, CA 92008 Phone: (760) 438-4090 Fax: (760) 438-0981 Date: 3/27/00 Time: 10:37 AM RE: De Jong Stockpile permit - Poinsettia Lane FORWARDED BY: E HAND DELIVERY D U.S. MAIL D FAX D COURIER D PRINTER D PICK-UP Pages Description 1 Transmittal Full Application package COMMENTS: Since you were the original planner on this, I am trying to keep you informed. I have forwarded an application for a Coastal Development Permit (Minor) while we are discussing the status of the Minor Coastal Development Permit that was approved for issuance when Standard Pacific was attempting to purchase the site. I feel that we already have an approval and only need to modify haul routes. I am enclosing a copy of the Minor Coastal Permit Documentation and the assignment back to De Jong from Standard Pacific for information only. For your information I am also enclosing a copy of a letter that went to the Mayor from the Client regarding this issue. I will continue to work with Bob W and Gary W to expedite this since these guys really need to move quickly on this. Copies to: File •Mar 21 00 10:4aP David R. Shibleb (760) 737-9783 p.2 Arie deJong • 622 East Mission Road • San Marcos. California 92069 March 21, 2000 Mayor Bud Lewis City of Carlsbad 5950 El CaminoReal Carlsbad, California 92008 Re: Stockpile permit for the de Jong 32.9 acres ZC 98-02/LCPA 98-Olct 08-05/HDP 98-03/CDP 98-26/V 98-04-de Jong Residential project Dear Mr. Mayor: Two years ago I attempted to obtain a stockpile permit for my property so I could import approximately 174,000 cubic yards of dirt, half of which would be for the extension of Poinsettia Road I was informed that I would need a tentative map for n»y property prior to receiving a stockpile permit I received tentative map approval in April of 1999 and was then informed that pnor to being granted a stockpile permit I would need a giadmg.plan specifying, where I would be placing dirt I had Hunsaker Engineering prepare a grading plan for the stockpile and have been requesting a stockpile permit continuously since then but have yet to receive a permit At one point in time I also had Standard Pacific requesting a stockpile permit on my behalf. They also were unsuccessful. I have been given numerous reasons for not gtanting.a permit as follows: disagreements between engineering and planning, grading during the rainy season, even though Carlsbad has an approved local coastal plan and can grant exemptions to grade during the rainy season, arxi lastly the project is not currently being constructed so any grading has to be for the public good Last summer I received approval from the city to accepj 12,000 cubic yards of good dirt from the neighboring Catellus project The dirt is neatly stockpiled under future Poinsettia Road 1 have another 36,000 cubic yards to import from one of my.prqjects in San Marcos and have all the necessary permits from San Marcos. However I cannot deliver the 36,000 cubic yards or grade and compact the 12,000 cubic yards currently on site until I receive a stockpile permit from the city. This is definitely for the "public good" as all this dirt is going to the future extension of Poinsettia Road In the interim I have been cited by the City and issued a stop work notice for an uncontrolled stockpile for the 12,000 cubic yards that have been sitting there since last summer. 1 have been working.through Jack Henthom and have requested the City issue me a stockpile permit effective April 3, 2000 (end of the rairry season) so I can clean up the existing 12,000 cubic yards on site along with any trash and debris on the site and receive the 36,000 cubic yards from San Marcos. Supposedly engineering and Gary Wayne in planning have finally agreed to issue me a permit effective April 3,2000. Following.the rules for the last two years and spending.thpusands of dollars to obiain a tentative map and a grading plan as a criteria for a stockpile permit has been an unproductive experience for me up to this point. I would appreciate any help you could give me with this matter. Sincerely, IoydHubbs ; Wayne Henthom it un Kffvtlni faf 'Mar 21 00 10:42p David R. Shiblea (760) 737-9789 p.3 Ariedejong • 622 East .Mission Road • San Marcos, California 92069 December 27, 1999 Mr. UoydHubbs Chy Engineer City of Carlsbad 2075 Las Palmas Drive Carlsbad, California 92009 Re: Stockpile permit for the de Jong 32.9 acres ZC 98-02/LCPA 98-0 1/CT 98-05/HDP 98-03/CDP 98-26/V 98-04 - De Jong Residential project Dear Mr. Hubbs: Earlier this year Standard Pacific processed a stockpile permit for my property on my behalf. Standard Pacific has since withdrawn from an escrow to purchase the property and assigned their work product, including the stockpile, permit to me. Without avail I have trying to complete processing of the stockpile permit so 1 could grade prior to the rain season. We are now in what appears to be a very uneventful rain season and I still do not have a permit. 1 have another project in San Marcos that requires export of 30,000 cubic yards of dirt that I have planned on delivering to my 32.9 acres in Carlsbad. That project is now held up because I cannot receive a stockpile permit from the City of Carlsbad. All 30,000 cubic yards is projected to form the base for Poiasettia Road. I have been approached by other owners with dirt to export but cannot receive it without a stockpile permit. I would appreciate any efforts of assistance you could provide that would enable me to receive dirt that would assist me in completing my project and Poinsettia Road. Sincerely, Cc: Jack Henthorn ii! ini /frry/''cr/ Paper Mar 21 00 10:42p David R. Shibley (760) 737-9789 p.4 City of Carlsbad Public Works — Engineering March 7, 2000 Arie Dejong Jr. Family Trust 622 E. Mission RD. San Marcos, CA 92069 GRADING VIOLATION 00-02 To whom this may concern: On February 29, 2000 this office received a complaint regarding unprotected stock piles of dirt and construction debris deposited on parcel 215-080-31-00, located N.E. of the intersection of Poinsettia LN. and Blackrail Rd. In the City of Carlsbad. A visit was made to the sight in question and our investigation has determined a grading violation has occurred. A stop work notice is enclosed with this correspondence. THIS CORRESPONDENCE CONFIRMS THE FOLLOWING: • An uncontrolled stock pile is present at the property listed above « No Grading Permit has been issued for this parcel by the City of Carlsbad. • Stockpiling on this sight is a violation of section 15.16.170 of The City of Carlsbad Grading Ordinance. • A stop work notice has been issued under the provisions of Chapter 15.16.170 of The Grading And Erosion Control Ordinance,, 15.16.170 UNLAWFUL ACT A. It is unlawful to: t. Perform grading work without a Grading Permit when such permit is required pursuant to this Chapter, 2. Perform any grading work which is not in conformance with an approved Grading Permit. B. Regardless of whether or not a Grading Permit has been issued or is required to be issued, it is unlawful for any person to commit or cause to be committed the following acts or, to maintain or cause to be maintained a property in such a manner as to result in the commission of the following act: 5950 El Camino Real • Carlsbad, CA 92OO8 - (760) 602-278O • FAX (760) 438-4178 6K • 7]I £ •Mar 21 00 10:43p David R. Shibley (760) 737-9789 p.5 March 7, 2000 GRADING VIOLATION 00-02 PAGE 2 2. Dump, move or place any soil, sand, gravel, rock or other earthen material, or leave any bank, slope or other earthen surface unprotected so as to cause any such earthen material to be deposited upon or to roll, blow or wash upon or over the premises of another without the express consent of the owner of each such premises so affected or, upon or over any public property, place or way. Such consent shall be in writing and in a form acceptable to the City Engineer. You are directed to cease all stockpiling or grading activities of any type until such a time the city determines that no violation will take place in the performance of them. Requests for such determination shall be made to this office, in writing, and marked to my attention. Respectfully, DALE A. SCHUCK £' X 7 J/' j> Construction inspector DAS:sa c: Richard Cook, Public Works Manager, Const. Mgmt & Inspection Grant Eklund, Construction Manager Mar 21 00 10:43p David R- Shiblea (760J 737-9789 p.6 STOP City of Carlsbad - State of California Office of City i Engineer NOTICE This site has been inspected and is deficient in the following area(s): Erosion Control D Drainage Structures D Sewer Lines CD Water Lines D Trenching and Backfilling Q Asphalt Concrete •• G Concrete Work '•- D No Permit . •' D^raffic Control ' - 1*3 Improper Grading ••• Q Other _ ' Please correct as nptedjbclow(;;: > before any further worldisJdone; '- '".•••.^•^^•''••'i >• ' .• .'• -•OJWfef-'..-. - ;: ALL BUIIDING AND^ENGI^EERING DEPARTMENT UNSPEdtONS-AVlLL STOP UNTIL THIS •• DO NOT REMOVE' ^ ••-$™ICE^V. Si££^-•s-%*r-^( DETACH and Bring Oii?PpttJM,prCardV' y:^: ' 1\ . * Jiu Ci«.» JI*tr: No work can^esume.^^^!^ card ..-. has been signed-off by the. City. Engineer.-• '' P?-/.J. L/J Problem .f~'^'-'O»^ ! OFFICE OF CTTY ENGINEER —^CTTY.iOF CARLSBAD.. i Oir.cc nf Ciiy Sr.j'netr - Ciiy of Cirlibxl Civ E«|Mi<«r RED: Icb Site PINK: Bidding WHITE: -Mar 21 00 !C:44p Daw id R. Shiblea (760) 737-9789 p.7 DAVID R, SHDCBLEY AND ASSOCIATES OFFICE:(760)737-9007 FAX:(760) 787-9789 MOBILE:(619)848.a38l 1923 BEDFORD PLACE ESCONDIDO, CA 92029 E-MAIL: 8hiblcyl@home.com March 20, 2000 Mr. Dale A. Schuck Construction Inspector City of Carlsbad 5950 El Camino Real Carlsbad, California 92008 Re: Unprotected stock pile on Arie de Jong's 32.9 acre parcel 215-080-31; grading Violation 00-02 Dear Mr. Schuck: In regards to your correspondence of March 7,2000 and our phone conversations thereafter. I am the property manager for the above parcel. By the end of the week of the 20* of March I will place the requested 100 feet of silt fence with sand and/or gravel bags in the place indicated by your staking. I will also install gates across the two paved access roads coming off Black Rail Road onto parcel 215-080-31. At this time I do not feel its necessary to fence the entire length of Black Rail The fence companies are currently quite busy so I may not be able to put up the gates by the end of the week of the 20th, but if not, they will certainly be in place by the end of the following week. My intent is still to proceed to obtain my pending stockpile permit from the City of Carlsbad so I may commence grading in the week of April 3,2000. I win be importing approximately 36,000 cubic yards of din to add to the existing stockpile of about 12,000 cubic yards. I will place both quantities under the future Poinsettia Ave. At the same time I will have all the existing unauthorized trash and debrie removed from the property. Please give me a call if you have any questions. Sincerely, ^Wlt David R. Shibley / Cc: Arie de Jong / Eric de Jong / J 5-1/13/2993 39:33 8562922254 n Citv of Carlsbad,b/ -'• -^ V-^lHIMMHMVBW^BBHV^^H^^MPlanning Department DESCRIPTION: LOCATION: NOTICE OF PUBLIC HEARING Minor Coastal Development Permit COMPLETE DATE; September 23, 1999 A proposal to stockpile approximately 120,000 cubic yards of excavated soil on a portion of a vacant, 34 acre lot. The stockpiling is associated with construction of the Aviara Parkway extension project, which is currently underway, and the planned Poinsettia Lane project. The excavated soil is being exported from the Aviara Parkway site to the Poinsettia Lane site. This stockpile site is within the City of Carlsbad's Mello II Coastal Zone along the east side of Black Rail Road at the existing terminus of Poinsettia Lane. ASSESSOR'S PARCEL NUMBER: 215-080-31 APPLICANT:City of Carlsbad No formal public hearing is required for this application because (1) the proposed development costs 560,000 or less; (2) no other discretionary approvals are required; and (3) there will be no adverse impacts on coastal resources or public access to the shoreline or coast. Be advised that a public hearing will only be held for this proposal upoa the receipt by the City of a.writtefl. request for a pubJic hearing within fifteen (15) working da vs of the date of this notice, or by October 11. 1999. Failure to request a hearing or provide written comments within the fifteen (15) working day u'meframe may result in loss of the ability to appeal to the Coastal Commission any action taken by the City on this Minor Coastal Development Permit Application. The Planning Director will determine this application fifteen (15) working days after the date of this notice if no public hearing is requested. Written requests for a public hearing or written comments should be addressed to the Planning Director, City of Carlsbad, Planning Department, 2075 Las Palmas Drive, Carlsbad. California 92009. If you have any questions regarding this application please contact Jason Martin, at the City of Carlsbad (760) 438-1161, extension 4515, Monday through Thursday 7:30 a.m, to 5:30 p.m., Friday 8:00 a.m. to 5:00 p.m. CASE FILE: CDP 99-47 CASE NAME: Stockpile Site for the Aviara Parkway Poinsettia Lane Extension Project DATE: September 29, 1999 2075 Las Palmas Dr. • Carlsbad, CA 92009-1576 • (760) 438-1161 • FAX (760) 438-0894 12/16/1959 16:41 B5B?O§«|^P A B P*CE 82 IT STANDARD PACIFIC HOMES December 16,1999 Mr. Arie de Jong, Jr. C/o Mr. David R. Shibley David R. Shibley and Associates 1923 Bedford Place Escondido, Califonua 92029 RE: de Jong Carlsbad Property; Poiasettla Lane and Black Rail Road Dear Mr. de Jong: Standard Pacific Coip. hereby assigns, transfers and conveys to Mr. d« Jong any and all interest it has in studies, plans and approvals or other work product prepared by Standard Pacific and its consultants for the above referenced property. If you have any questions regarding this assignment, please do not hesitate to call us. Very truly yours, STANDARD PACIFIC HOMES Gregg Linhoff Vice President, Acquisition & Development 93J5 Chesapeake t>.. S<m Diego, CA92/23-/OJO TEL (619) 292-2200 FAX (619) 292-2260 O'DONNELL/ATKINS CO. City of Carlsbad 02/23/2000 2/23/2000 Bill # 1894 26.00 Checking Copies of DeJong prop, maps 26.00 v CITY OF CARLSBAD 1200 CARLSBAD^TLLAGE DRIVE CARLSBAD, 434-2867 IFORNIA 92008 REC'D FROM DATE ACCOUNT NO. 0<9! \i4lQ WOfe RECEIPT NO. 71764 DESCRIPTION d^2^ <3§?Q 92/24/00 NOT VALID UNLESS VALIDATED BY TOTAL AMOUNT 0001 01 05 Hisc &»&> o?6~ Printed on recycled paper.CASH REGISTER O'DONNELL/ATKINS CO. February 18, 2000 Don Neu-*—- CITY OF CARLSBAD 1635 Faraday Avenue Carlsbad, CA 92008 RE: DeJong Property Dear Don: Enclosed, please find a check in the amount of $26.00 for the delivery and purchase of 24"x36" copies for the above stated property. I appreciate your time and prompt attention to this matter. Best regards, O'DONNELL/ATKINS COMPANY Marcie Brown 2915 Red Hill Avenue • Suite A-203 • Costa Mesa, California 92626 • Telephone (714) 966-1394 • Fax (714) 966-0606 05/12/1999 10:07 7&04388981 HENTHORN PAGE 01 Jack Henthorn & Associates' 5375 Averuda Rhinos, Suite D Carls W, CA 92008 (760) 438-4090 Fax (760) 438-098] Sent by Facsimile Memorandum To: ARIE DE JONG & DAVID SHIBLEY FROM: MELISSA K. ALLEN, JACK HENTHORN & ASSOCIATES SUBJECT: DE JONG RESIDENTIAL PROJECT, ZONE 20, ClTY OF CARLSBAD, CT 98-05 FISH & GAME FEE DATE: MAY 12,1999 The City is requiring that the Fish and Game Fee of $1,275.00 be paid at this time. It is a standard fee required of every development project. The City collects the fee for the California Department of Fish and Game. It is associated with the processing of the environmental Negative Declaration, notice of determination. The planner will be holding the notice until receiving this payment, so the sooner they receive it, the better. Please make the check out to the City of Carlsbad and deliver to our offices and I will take it to the City. Or, you may wish to send the check directly to the City Planning Department at 2075 Las Palmas Drive, Carlsbad CA 920094576, to the attention of the Project Planner, Don Neu. If so, please fax me a copy of the transmhtal/check so I am aware it has been paid. Please also reference the project # CT 98-05 and "Fish & Game Fee Payment" on the check or transmittal. If you have any questions, do not hesitate to call. Thank you. City of Carlsbad 1200 Carlsbad Village Drive Carlsbad CA 92008 Receipt Applicant: DE JONG, ARIE, JR FAMILY TRUST Description Amount CT980005 . 1,275.00 0214 05/27/99 0001 01 02 C-PRMT 1275.Not valid unless validated by Cash Register PLEASE RETAIN RECEIPT FOR REFUNDS OR ADJUSTMENTS Receipt Number: R0003688 Transaction Date: 05/27/1999 ' " ' : Pay Type Method Description -. ' Amount Payment Check 2860 " 1,275'. 00 Transaction Amount: 1,275.00 CITY OF CARLSBAD 2075 Las Palmas Dr., Carlsbad, CA 92009 (760) 438-1161 City of Carlsbad Planning Department DATE:March 18, 1999 TIME SENT: Number of Pages Being Transmitted (Including Cover Sheet): 3 TO: Jack Henthorn COMPANY: Jack Henthorn & Associates PHONE #: 438-4090 FAX#:438-0981 FROM: Don Neu DEPT.: PLANNING PHONE: (760) 438-1161 ext. 4446 FAX: (760) 438-0894 SPECIAL INSTRUCTIONS: Attached for your information is the condition being applied to projects for the PAR/ECR intersection. This condition and a related finding will be applied to the Dejong project. I will provide you with the revised report and resolutions as soon as they are available. | | Return Fax 2075 Las Palmas Drive * Carlsbad, California 92009-1576 * (760)438-1161 Marchl?, 1999 TO: Planning Staff and Interested Parties FROM: Assistant Planning Director 4/7^ CEQA Mitigation for PAR/ECR Intersection Failure Attached is a copy of a condition that will be added to aJLprojects. The condition, if approved as part of the project and accepted by the applicant, provides the necessary mitigation of the current level of service failure at the intersection of Palomar Airport Road and El Camino Real. Without adopted mitigation in place, all projects including those normally categorically exempt from CEQA would be required to process an EIR or a "Subsequent" environmental document. In choosing when to implement the condition (e.g. final map, grading permit or building permit), it should be at the earliest possible time. The "short-term improvements" are anticipated to be the construction of two dual right turn lanes and related iignalization. The cost of the improvements is anticipated to be approximately one million dollars. Since the solution is potentially being imposed on all projects, the cost of the "short term improvements" to the individual project could be relatively low. I will distribute, when completed, a standard paragraph that will be added to the "Environmental Section" of all staff reports. Please contact the applicants of all pending projects starting with those scheduled for hearing to apprise them of the condition. Please let me know if you have any questions. Gary E. Wayne Developer shall pay its fair share for the "short-term improvements" to the El Camino Real/Palomar Airport Road intersection prior to [choose one— grading, building or occupanoy] permit. The amount shall be determined by the methodology ultimately selected by Council, including, but not limited to, increase in the city-wide TIP; an increased or new Zone LFMP fee; creation of a fee or assessment district, incorporation into a Mello-Roos taxing district). te City of CARLSBAD Planning Departingem A REPORT TO THE PLANNING COMMISSION Item No. (4 P.C. AGENDA OF: March 17, 1999 Application complete date: August 31, 1998 + 90 day extension Project Planner: Don Neu Project Engineer: Clyde Wickham SUBJECT: ZC 98-02/LCPA 98-01/CT 98-05/HDP 98-03/CDP 98-26/V 98-04 - DE JONG RESIDENTIAL PROJECT - Request for a recommendation of approval for a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, a Zone Change and Local Coastal Program Amendment to change the land use designations for the site from Limited Control (L-C) to One-Family Residential, 7,500 square foot minimum lot size, Qualified Development Overlay Zone (R-1-7,500-Q) and Open Space (OS) on a 33.4 acre property. Also proposed is a Tentative Tract Map to create 28 residential lots and 2 open space lots, a Hillside Development Permit, Coastal Development Permit and a Variance to allow two lots to exceed the maximum panhandle length located at the northeast corner of the intersection of Black Rail Road and future Poinsettia Lane in the Coastal Zone and Local Facilities Management Zone 20. I. RECOMMENDATION That the Planning Commission continue this item to the meeting of April 7, 1999. City of Carlsbad Planning Department February 23, 1999 Melissa Allen Jack Henthorn & Associates 5375 Avenida Encinas Ste. D Carlsbad, CA 92008 SUBJECT: ZC 98-02/LCPA 98-01/CT 98-05/HDP 98-03/CDP 98-26/V 98-04 - DeJONG RESIDENTIAL The preliminary staff report for the above referenced project will be available for you to pick up on Friday, February 25, 1999, after 8:00 a.m. This preliminary report will be discussed by staff at the Development Coordinating Committee (DCC) meeting which will be held on March 8, 1999. A twenty (20) minute appointment has been set aside for you at 10:00 a.m. If you have any questions concerning your project you should attend the DCC meeting. If you need additional information concerning this matter, please contact your Planner, Don Neu at (760) 438-1161, extension 4446. CITY OF CARLSBAD WAYNE Assistant Planning Director GEW:DN:eh File Copy 2075 La Palmas Dr. • Carlsbad, CA 92009-1576 • (760) 438-1161 • FAX (760) 438-0894 City of Carlsbad Planning Department February 23, 1999 Arie DeJong 622 E Mission Rd San Marcos CA 92069 SUBJECT: ZC 98-02/LCPA 98-01/CT 98-05/HDP 98-03/CDP 98-26/V 98-04 - DeJONG RESIDENTIAL The preliminary staff report for the above referenced project will be mailed to you on Friday, February 25, 1999. This preliminary report will be discussed by staff at the Development Coordinating Committee (DCC) meeting which will be held on March 8, 1999. A twenty (20) minute appointment has been set aside for you at 10:00 a.m. If you have any questions concerning your project you should attend the DCC meeting. If you need additional information concerning this matter, please contact your Planner, Don Neu at (760) 438-1161, extension 4446. CITY OF CARLSBAD GARY' E.WAYNE Assistant Planning Director GEW:DN:eh c: File Copy 2075 La Palmas Dr. • Carlsbad, CA 92009-1576 • (760) 438-1161 • FAX (760) 438-O894 HENTHORN & ASSOCIMES LETTER OF TRANSMITTAL To: Don Neu From: Melissa K. Allen Of: City of Carlsbad, Planning Department Of: Jack Henthorn & Associates 2075 Las Palmas Drive 5375 Avenida Encinas, Suite D Carlsbad, CA 92009-1576 Carlsbad, CA 92008 Phone: 438-1161 Phone: (760)438-4090 Fax: 438-0894 Fax: (760) 438-0981RBf»E|WE|ni B *&a«3%^^-^i[) \y u^-aLt^' Date: 2/23/99 Time: 3:06 PM RE: de Jong Property, CT 98-05 - PC Hearing Items FORWARDED BY: D HAND DELIVERY D U.S. MAIL D FAX D COURIER D PRINTER D PICK-UP Pages Description 1 Transmittal Pkt Public Notice Package w/2 sets Mailing Labels, Postage Check, Ownership & Occupants Lists & Assessors Radius Mapping 1 Reduced TM at 8.5" x 11" 10 Sets TM Maps for PC hearing w/minor modifications per Planning & Engineering Depts. 10 Sets Constraints/Hillside Development Map 10 Sets Landscape Plans COMMENTS: Building elevations and floor plans are not part of the project application at this time. I will provide you with a colored site plan exhibit the week prior to the hearing of 3/17/99. Please call if you need any additional information for the public hearing. Thank you, Melissa © Copies to: File David Shibley, David R. Shibley & Associates Arie de Jong, c/o Hollandia Dairy Gregg Linhoff, Standard Pacific Homes PROJECT MEMO CITY OF CARLSBAD — PLANNING DEPARTMENT TO: _ DATE: V^rV *-?- 197 FROM: XQOA/ /V/g6V _ TIME: £?-CC PROJECT/PERMIT NO. /J^DlC #£S /*G£A777rtL /*3*t> 3^ 7~ SUBJECT: y y / - \ /o o /-> Planning-Director/Acting Agent WHITE - Job Site; YELLOW - File; PINK - Inspector rj' .1 -.'.^••-i,-i-'v^-,.i^.W!;-i^ .•.•.- '.. /j :•--— , .__ . . HENTHORN & Associates LETTER OF TRANSMITTAL To: Don Neu Of: City of Carlsbad, Planning Department 2075 Las Palmas Drive Carlsbad, CA 92009-1 576 Phone: 438-1161 Fax: 438-0894 From: Melissa K. Allen Of: Jack Henthorn & Associates 5375 Avenida Encinas, Suite D Carlsbad, CA 92008 Phone: (760)438-4090 Fax: (760)438-0981 Date: 2/1/99 Time: 3:51 PM RE: de Jong Project, CT 98-05 - Final Plancheck Sets, 6th Submittal FORWARDED BY: D HAND DELIVERY D U.S. MAIL D FAX D COURIER D PRINTER D PICK-UP Pages Description 1 3 3 3 3 1 Transmittal Tentative Map revised per City comments Hillside Development & Constraints Map revised per City comments Landscape Plans revised per City comments Plancheck Sets from Planning re TM, Hillside/Constraints & Landscape Plans Plancheck Set from Larry Black re Landscape Plans COMMENTS: Plans submitted for your final review and for scheduling the project for hearing. Hope we can still make it for March 17th Planning Commission hearing. If you need anything else, please call. Thank you, Melissa Copies to: File David Shibley, David R. Shibley & Associates Arie de Jong, c/o Hollandia Dairy Gregg Linhoff, Standard Pacific Homes RECEIVED CITY FEB 0 2 1999 CITY OF CAKLS*"° City of Carlsbad Planning Department February 2, 1999 Melissa K. Allen Jack Henthorn & Associates 5375 Avenida Encinas, Suite D Carlsbad, CA 92008 SUBJECT: ZC 98-02/LCPA 98-01/CT 98-05/HDP 98-03/CDP 98-26/V 98-04 - DEJONG RESIDENTIAL PROJECT Your application has been tentatively scheduled for a hearing by the Planning Commission on March 17, 1999. However, for this to occur, you must submit the additional items listed below. If the required items are not received by February 23, 1999, your project will be rescheduled for a later hearing. In the event 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. Please submit the following plans: A) 10 copies of your (site plans, landscape plans, building elevation plans, floor plans) on 24" x 36" sheets of paper, stapled in complete sets folded into 8/2' x 11" size. B) One 81/2" 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. 2. As required by Section 65091 of the California Government Code, please submit the following information needed for noticing and sign the enclosed form: A) 600' Owners List - a typewritten list of names and addresses of all property owners within a 600 foot radius of the subject property, including the applicant and/or owner. The list shall include the San Diego County Assessor's parcel number from the latest equalized assessment rolls. B) 100' Occupant List - (Coastal Development Permits Only) a typewritten list of names and addresses of all occupants within a 100 2075 La Palmas Dr. • Carlsbad, CA 92OO9-1576 • (76O) 438-1161 • FAX (76O) 438-O894 :TO£\ ZC 98-02/LCPA 98-01 /CTO8-05/HDP 98-03/CDP 98-26/V 98-oT- DEJONG RESIDENTIAL PROJECT February 2, 1999 Page 2 foot radius of the subject property, including the applicant and/or owner. C) Mailing Labels - two (2) separate sets of mailing labels of the property owners within a 600 foot radius of the subject property and the occupants within a 100 foot radius. 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 the Apartment, Suite and/or Building Number 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: Arial 11 pt, Arial Rounded MT Bold 9 pt, Courier 14 pt, Courier New 11 pt, and MS Line Draw 11 pt. Sample labels are as follows: UNACCEPTABLE UNACCEPTABLE ACCEPTABLE Mrs. Jane Smith Mrs. Jane Smith MRS JANE SMITH 123 Magnolia Ave., Apt #3 123 Magnolia Ave. APT 3 Carlsbad, CA 92008 Apt. #3 123 MAGNOLIA AVE Carlsbad, CA 92008 CARLSBAD CA 92008 D) Radius Map - a map to scale, not less than 1" = 200', showing all lots entirely and partially within 600 feet of the exterior boundaries of the subject property. Each of these lots should be consecutively numbered and correspond with the property owner's list. The scale of the map may be reduced to a scale acceptable to the Planning Director if the required scale is impractical. E) Fee - a fee shall be paid for covering the cost of mailing notices. Such fee shall equal the current postage rate times the total number of labels. Cash check (payable to the City of Carlsbad) and credit cards are accepted. Sincerely, DON NEU Senior Planner DN:mh Attachment 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: Arie dejong • 622 East Mission Road • San Marcos, California January 28, 1999 Mr. Don Neu City of Carlsbad Planning Department 20751.as Pulmas Drive Carlsbad, CA 92009-1576 Subject: de Jong Project, CT 98-05/HDP 98-03/CDP 98-26/V 98-04/ZC 98-02/LCPA 98-01 Project Processing Time Extension Dear Don. This letter is sent in response to the letter from you dated January 28,1999. This letter serves as a formal request for a 90 day extension of the processing of the tentative map and related applications as permitted by California Government Code Section 65957. This request is due to the fact that the project applications were deemed complete by the City of Carlsbad, Planning Department on August 31, J998 and the City has determined that the final actions on the project will not occur prior to the 6 month deadline, February 31, 1999. The deadlines are as specified in the CEQA Guidelines, Article 8 - Time Limits, Section 15107; California Government Code Section 65950; and California Public Resources Code, Sections 21083, 21087,21100.2 and 21151.5. Sincerely, Aric dc Jong cc; File David Shibley, David R. Shibley & Associates Jack Henthom, Jack Henthorn & Associates John Klein, Hunsaker & Associates Gregg Linhoff, Standard Pacific Housing Printed on Recycled Paper City of Carlsbad Planning Department DATE: January 28, 1999 TIME SENT: / '5o Number of Pages Being Transmitted (Including Cover Sheet): 2 TO: Melissa Allen COMPANY: Jack Henthorn & Associates PHONE #: 438-4090 FAX#:438-0981 FROM: Don Neu DEPT.: PLANNING PHONE: (760) 438-1161 ext. 4446 FAX: (760) 438-0894 SPECIAL INSTRUCTIONS: | | Return Fax 2075 Las Palmas Drive * Carlsbad, California 92009-1576 * (760)438-1161 City of Carlsbad Planning Department January 28, 1999 Melissa K. Allen Jack Henthorn & Associates 5375 Avenida Encinas, Suite D Carlsbad, CA 92008 SUBJECT: ZC 98-02/LCPA 98-01/CT 98-05/HDP 98-03/CDP 98-26/V 98-04 - PROCESSING TIME EXTENSION FOR THE DEJONG PROJECT Dear Melissa: The de Jong project referenced above was deemed a complete application on August 31, 1998. The deadlines to act on the applications specified in Public Resources Code Section 15107 and California Government Code Section 65950 require that the City take final action on the project within 6 months of the date the application is deemed complete. At this time a recommendation of approval and project conditions have not been received from the Engineering Department and the Fire Department. In addition, the wildlife agencies have not yet indicated their support for the proposed conditions which are intended to address the items they raised in response to the Mitigated Negative Declaration. Revised plans addressing the last plancheck comments still need to be submitted. As a result a final action on the project will not occur prior to the 6 month deadline. Therefore, the applicant needs to submit a letter requesting a 90 day extension as permitted by California Government Code Section 65957. Please have the applicant submit the extension request by February 5. 1999. Should you have any questions concerning this request please contact me at (760) 438-1161, extension 4446. Sincerely, DON NEU Senior Planner DN:mh Arie de Jong 622 E. Mission Road San Marcos, CA 92069 2075 La Palmas Dr. • Carlsbad, CA 92009-1576 • (760) 438-1 161 • FAX (760) 438-O894 City of Carlsbad Planning Department January 28, 1999 Melissa K. Allen Jack Henthorn & Associates 5375 Avenida Encinas, Suite D Carlsbad, CA 92008 SUBJECT: ZC 98-02/LCPA 98-01/CT 98-05/HDP 98-03/CDP 98-26/V 98-04 - PROCESSING TIME EXTENSION FOR THE DEJONG PROJECT Dear Melissa: The de Jong project referenced above was deemed a complete application on August 31, 1998. The deadlines to act on the applications specified in Public Resources Code Section 15107 and California Government Code Section 65950 require that the City take final action on the project within 6 months of the date the application is deemed complete. At this time a recommendation of approval and project conditions have not been received from the Engineering Department and the Fire Department. In addition, the wildlife agencies have not yet indicated their support for the proposed conditions which are intended to address the items they raised in response to the Mitigated Negative Declaration. Revised plans addressing the last plancheck comments still need to be submitted. As a result a final action on the project will not occur prior to the 6 month deadline. Therefore, the applicant needs to submit a letter requesting a 90 day extension as permitted by California Government Code Section 65957. Please have the applicant submit the extension request by February 5, 1999. Should you have any questions concerning this request please contact me at (760) 438-1161, extension 4446. Sincerely, DON NEU Senior Planner DN:mh c: Arie de Jong 622 E. Mission Road San Marcos, CA 92069 2075 La Palmas Dr. - Carlsbad, CA 92009-1576 • (760) 438-1161 • FAX (760) 438-O894 ® 01/25/1999 13:00 7604380981 HENTHORN PAGE 01 HENTHORN & ASSOCIA LETTER OF TRANSMITTAL To: Don Neu From: Jack Henthorn Of: City of Carlsbad, Planning Department Of: Jack Henthorn & Associates 2075 Las Palmas Drive 5375 Avenida Encinas, Suite D Carlsbad, CA 92009-1576 Carlsbad, CA 92008 Phone: 438-1161 Phone: (760)438-4090 Fax: 438-0894 Fax: (760)438-0981 Date: 1/25/99 Time: 12:46 PM RE: de Jong Project, CT 98-05 - Negative Declaration Conditions FORWARDED BY: D HAND DELIVERY D U.S. MAIL IS FAX D COURIER D PRINTER D PICK-UP Pages Description 1 Transmittal 4 Letter w/Exhibits re Response to USFWS Neg. Dec. comments COMMENTS: Please call if you have any questions or need additional information. Copies to: File Julie Vanderwier, USFWS David Lawhead, CDFG /lesse3:00 A k 01/25/1999 13:00 7804380981 HENTHORN PAGE 02 Henthorn & Associat^ 5375 Avenida. Encinas, Suite D Carlsbad, California 92008 (760).438-4090 Fax (760) 438-0981 January 25,1999 Mr. DonNeu , City-of Carlsbad .-•''•' Planning Department 2075 Las Palmas I>rive Carlsbad, CA 92009 Subject: de Jong Project, Carlsbad - CT 98-05, CDP 98-26, HDP 98-03, ZC 98-02, LCPA 98-01, & V 98-04 Dear Don: This letter is:sent in response to the comments identified in the letter from the US Fish & Wildlife Service and CA Dept, of Fish & Game that we received on January 5, 1999, The agency letter offers three recommendations based upon their review of the Negative Declaration. The following are responses to the items which correspond with the numbering of the. comments'»). title agency's.letters, 1. Grading operations are prohibited between October 1 and April 1 of each year due to Coastal program restrictions on winter grading. Due to this, it is requested that additional language be added as a condition of the Negative Declaration that reads: "To mitigate potential disturbances to the California gnatcatcher. the grading operations within 100 feet of the proposed open space area will be restricted during the gnatcatcher breeding season, or from February 15 to August 30 each year, unless it can be shown through field reconnaissance by a certified biologist that no gnatcatc'hers are present on the property for two months prior to the start of grading." 2. The open space lot onsite includes, additional acreage than that which is required as biological open space (i.e. as sensitive biological habitat impact mitigation areas). The fire. Suppression zones are not located within dedicated "biological" open space areas, rather, they are located within dedicated project open space. Enclosed are two reduced exhibits showing the proposed location of the required fire suppression zones and the biological habitat areas identified onsite, The project proposes to preserve over 60% of the property (over 20 acres) in permanent open space. This results in over 95% preservation of native habitat (over 16 acres) within the open space easement. This includes the preservation of over 90% of the southern niarititne chaparral onsite, as well as, 100% of the Del Mai- manzanira, wart-stemmed ceanothus, summer holly, Nuttall's scrub oak, and California gnatcatcher occurring onsite. 3. As noted in General Design Note #17 on sheet 1 of the TM, the biological open space lot will be dedicated to the City, or other agency as designated by the City, with an Irrevocable Offer to Dedicate (IOD) prior to final map approval. Etowever, upon the City's discretion, the City may or may not accept the offer at that time. Until at such time as the City and/or a conservation agency accepts the dedication, the lot will be owned and maintained by .the project Homeowners Association. An open space easement will be recorded over the entire (approx. 212 ac.) open space Lot #29 to protect it in perpetuity. See attached, additional example language from the CT conditions of a different project regarding identification of the HOA maintenance responsibilities and prohibitions for the open space jot. Condition language may include portions or all of the following: examples: • The CC&Rs shall include provisions specifying Homeowner's, Association (HOA) maintenance responsibility for Open Space Lot 29l3fhe CC&R's shall stipulate that within the boundaries of the HOA open space easement, structures or any other thing not shown on the approved tentative map (Exhibits "_^" - ."__'") or landscape plans (Exhibits "_" •" .") dated , 1999. shall be prohibited. 0 The Developer shall dedicate to the Homeowner's Association on the final map, an open space maintenance easement over Lot 29 identified on the tentative map, Exhibits" " -«_", dated • , 1999; to enable -1- 01/25/1999 13:00 7604380981 HENTHORN PAGE 03 maintenance activities within the easement area, including, but not limited to, landscaping and irrigation in accordance with the approved tentative map and landscape, plans, removal of debris and trash, minimal fire ; suppression thinning, and erosion prevention and remediation. A note to this effect shall be placed on the non- mapping data sheet of the final map. • Removal of native vegetation and development of Open Space Lot 29, including but not limited to fences, walls, decks, storage buildings, pools, spas, stairways and landscaping, other than that approved as part of the grading plan, improvement plans, landscape plan, etc. as shown on Exhibits " " through " ", dated 1999. is specifically prohibited, except upon written order of the Carlsbad Fire Department for fire prevention purposes, or upon written approval of the Planning Director, based upon a request from the Homeowners Association accompanied by a report from a qualified arborist/botanist indicating the heed to remove specified trees: and/or plants because of disease or impending danger to adjacent habitable dwelling units. For areas containing native vegetation the report required to accompany the request shall be prepared by a qualified biologist.. . . The Service and Department's review and input to this process is appreciated. It is anticipated that these items can be resolved by reference on'the plans and/of conditions in the negative declaration/project resolutions. We look forward to a Planning Cpmmission hearing date in March. If you need any additional information with regard to this letter, do not hesitate to call. Thank you. c: Ffle ; Clyde: Wickham, City of Carlsbad, Engineering Department Julie Vanderwier, US Fish & Wildlife Service DaVid Lawhead, CA Department of Fish & Game Anita Hay worth, Dudek & Associates David Shibley, David R. Shibley & Associates Arje de Jong, Arie de Jong Family trust Gfegg Linhpff, Standard Pacific Homes C:\WINWORD\DeJong\Ehyironment\Dori Agency Ltr doc -2- v-ff/r-^-T.r-w^1-'nf ^--- deJong Property Fire Suppression Zone Exhibit -1-19-99 03LDU3 C3 CS cncs GOoo m o NORTH Scale: 1'=200' il)m Joct HcnAoni S Asiocuua 5375 Awmda Bnrinar Sute D Caitsbad, CA 92003 PR- (760) 438-4090 EA3t (760) 438-096J N 95'59'JJT 1347.86' I*iCN cvs r\i F SftftC , LOu: LD cn O£>.COOD C3LD OD deJong Property Biological Habitat Exhibit -1-19-99 NORTH Scale: 1"=20D' R loci HenAora ff Asjocittes 53 75 A«rodd Enrtu! Sute D CorWad CA 9^008 PH: (760) 43M090 FAX: (7fiO) 438-096J us.US Fish & Wildlife Service Carlsbad Field Office 2730 Loker Avenue, West Carlsbad, CA 92008 (760)431-9440 FAX (760) 431-9624 Dept. of Fish & Game 1416 Ninth Street PO Box 944209 Sacramento, CA 94244-2090 (916)653-9767 FAX (916) 653-2588 Mr. Don Neu Planning Department City of Carlsbad 2075 Las Palmas Drive Carlsbad, California 92009 301998 Re: Mitigated Negative Declaration for the Proposed DeJong Residential Development Project; ZC 98-02/LCPA 98-01/CT 98-05/HDP 98-03/CDP 98-26/V 98-04 Dear Mr. Neu: The U.S. Fish and Wildlife Service (Service) and California Department of Fish and Game (Department), collectively the Wildlife Agencies, have completed their respective reviews of the Mitigated Negative Declaration (ND) prepared by the City of Carlsbad for the proposed DeJong property development project. The following materials were consulted as part of this review: The ND (publish date November 30, 1998), inclusive of the Environmental Impact Assessment Form ~ Part II dated October 15, 1998; the "Biological Resources Report and Impact Assessment for the DeJong Property, City of Carlsbad, California" prepared by Dudek & Associates, February 11, 1998; and a letter report prepared by Dudek & Associates regarding offsite impacts of the proposed DeJong property development dated July 17, 1998. The 33.4-acre project site is located on the northeast corner of the intersection of Black Rail Road and future Poinsettia lane, west of El Camino Real, east of Paseo del Norte, north of Aviara Parkway, and south of Palomar Airport Road within Local Facilities Management Zone (LFMZ) 20, City of Carlsbad (City). Project implementation entails a subdivision of land to create 28 residential lots (minimum lot size of 7,500 square feet) and two open space lots. A zone change and local coastal program amendment are proposed to allow conformance with the existing general plan land use designations. An irrevocable offer of dedication (IOD) will be required for the open space lots, and a portion of the residential density from these parcels is being transferred to the are of the site proposed for development. In addition to the approval of a tentative map, the project also requires a hillside development permit, coastal development permit and variance to allow two lots to exceed the maximum panhandle length currently set by the City. Surrounding land uses include agriculture to the south and west and native habitat to the north and east. Topographically, the southwestern portion of the site is relatively flat and has been under agricultural and greenhouse uses; the remaining portions of the site are comprised of steep slopes with two drainages that are tributary to Encinitas Creek. The slopes are vegetated with southern maritime chaparral and oak woodland is present in the drainages. Site elevations range from 200 feet above mean sea level (ASML) to 360 feet ASML. Underlying soils consist of the Chesterton fine sandy loam (5-9 percent slope) and loamy alluvial land-Huerhuero complex (9-50 percent slope). Approximately Mr. Don Neu 2 40 percent (13.2 acres) of the site consists of developed lands or disturbed habitat. The remaining acreage (60 percent; 20.2 acres) consists of native habitats which include the following: southern maritime chaparral (10.8 acres, which includes scrub oak chaparral), coastal sage scrub (4.1 acres), valley needlegrass (native) grassland (0.10 acre), non-native grassland (2.9 acres), and coast live oak woodland (2.3 acres). Sensitive plant species identified on-site as part of surveys conducted in September and October 1997 include Del Mar manzanita (Arctostaphylos glandulosa ssp. crassifolid), wart-stemmed (coast white) lilac (Ceanothus verrucosus), summer-holly (Comarostaphlis diversifolia ssp. diversifolia), and NuttalPs scrub oak (Quercus dumosd). A focused survey was not conducted for the coastal California gnatcatcher (Polioptila californica californica; gnatcatcher), however, this species was detected within coastal sage scrub in the central portion of the site. No other sensitive animal species were identified on-site. Records for thread-leaved brodiaea (Brodiaeafilifolid) and NuttalPs lotus (Lotus nuttallianus) exist for the site, however, neither species was observed, likely because surveys were conducted outside of the time in which they could be detected. It is unlikely that these species would be affected by project implementation as their recorded locations would be preserved in biological open space. Project impacts would result in the direct on-site loss of 0.7 acres of southern maritime chaparral, 0.8 acre of non-native grassland, and 11.5 acres of agricultural lands. Direct, off-site impacts will also occur as a result of the project's requirement to complete a portion of Poinsettia Lane. These impacts are predominantly in disturbed habitat (2.7 acres), however approximately 0.2 acre of southern maritime chaparral and six individuals of Del Mar manzanita will also be affected. Impacts will be mitigated through the on-site preservation and IOD for 4.1 acres of coastal sage scrub, 10.2 acres of southern maritime chaparral, 0.1 acre of valley needlegrass (native) grassland, 2.1 acres of non-native grassland, and 2.3 acres of coast live oak woodland at an acceptable ratio and in a configuration which contributes to long-term conservation planning goals proposed for LFMZ 20 in the City's draft Habitat Management Plan (October 1998; HMP). Based upon the our review of the ND and pertinent biological and conservation planning information, the Service and Department offer the following recommendations: 1. Any clearing of native habitat be conducted outside of the breeding season for the gnatcatcher which is considered to be February 15 through August 30, annually. 2. It is not clear that all fuel modification activities would be restricted to the lots. Fuel modification impacts which would occur in proposed native habitat to be conserved as biological open space are not acceptable. Please provide additional information on this issue for our review. 3. The Wildlife Agencies concur with the IOD for those lands to be conserved as biological open space. We recommend, however, that these lands be dedicated to the City prior to the issuance of grading permits or approval of improvement plans in lieu of grading permits. Information as to the specific uses allowed in the open space and who will be responsible for the long-term maintenance and management of these lands should be provided in the ND and mitigation monitoring plan. Mr. Don Neu The Service and Department appreciate the opportunity to review this ND for the DeJong residential development project. If you have any questions regarding the contents of this letter, please contact Julie Vanderwier at (760) 431-9440 or David Lawhead at (619) 467-4211. Sincerely, Sheryl L. (g^rrett Assistant Field Supervisor U.S. Fish and Wildlife Service cc: David Lawhead, CDFG 1-6-99-HC-069 William E. Tippets Habitat Conservation Planning Supervisor California Department of Fish and Game 01/21/1999 22:22 7604380981 HENTHORN PAGE 01 HENTHORN & AssociAms LETTER OF TRANSMIT!AL To: Mike Smith, Fire Marshal From: Melissa K. Allen Of: City of Carlsbad, Fire Prevention Dept, Of: Jack Henthorn & Associates 2560 Orion Way 5375 Avenida Encinas, Suite D Carlsbad, CA 92008 Carlsbad, CA 92008 Phone: 760-931-2121 Phone: (760)438-4090 Fax: 760-929-0256 Fax: (760)438-0981 Date: 1/22/99 Time: 10:08 AM RE: de Jong Project, CT 98-05 - TM Conditions to Don Neu FORWARDED BY: D HAND DELIVERY D U.S. MAIL E FAX D COURIER D PRINTER O PICK-UP Pages 1 1 1 Description Transmittal Letter re Fire Prevention Conditions for Exhibit showing Fire Suppression Zone Panhandle Lots onsite boundaries for project COMMENTS: Sent FYl/use. We are hoping to get comments to Don by Tuesday for his inclusion in the staff report next week to be scheduled on the March 17, Planning Commission hearing. He suggested that it worked well when you E-mailed comments over previously. Please call if I may answer any questions or be of any assistance. Thank you, Melissa Copies to: File —*Don Neu, City of Carlsbad, Planning Department /like 01/21/1999 22:22 7604380981 HENTHORN PAGE 02 Henthorn & Associate^ 5375 Avenida Encinas, Suite D Carlsbad, California 92008 (760) 438-4090 Fax (760) 438-0981 December 18, 1998 Mr. Mike Smith City of Carlsbad Fire Prevention 2560 Orion Way Carlsbad, CA 92009 Subject: de Jong Project - Panhandle Lot Fire Prevention Condition Dear Mike: Pursuant to our meeting a couple of weeks ago, the design of Lots 27 and 28 are acceptable from a fire prevention prospective with the following conditions: 3 • a fire hydrant will be added at the end of the panhandle access where the lots begin to widen out; and, • any proposed structure on these lots must be in compliance with the fire suppression zone setbacks as shown on the conceptual landscape plans (see attached); or • any proposed construction must be "ignition resistant" as required by the 1997 Urban-Wildlife Interface Code. There is no architecture proposed for these lots at this time. As this project is within the "Q" Overlay Zone, proposed development on the site will require a Site Development Plan to be processed through the City, requiring routing and review by the Fire Department. c It is understood that given the conditions above, the Fire Department finds the design of Lots 27 and 28 supportable. If you concur with this understanding, please sign below and we will return this letter to the Project Planner, Don Neu, for use in preparing his conditions of approval for the Planning Commission hearing, If you have any questions or need additional information, please do not hesitate to call. Thank you. Sincerely. Mike Smith Fire Marshall File C:\WINWORD\DeJong\Uttcrs\Mikc Smith Fire Cond llr.doc -1- deJong Property Fire Suppression Zone Exhibit -1-19-99 LD LOLD N3K) K)K) LOoo LDro m O73 NORTH m Scale: 1"=200' m 5375 faatia Enemas SoieD CmtsboJ. CA 92008 PH; (760) 438-4090 FAX: (760)438-0931 01/21/1999 22:22 7604380981 HENTHORN PAGE 04 Jack Henthorn & Associates 5375 Avenida Enemas, Suite D Carlsbad, CA 92008 (760) 438-4090 Fax (760) 438-0981 p/?Or7e- ' Memorandum To: JACK E. HENTHORN FROM: MELISSA K. ALLEN SUBJECT: DE JONG HEARING TIMING DATE: JANUARY 20. 1999 The following is an estimated timeline to use as a goal for achieving project approvals. The schedule is tight and assumes that the project revisions, staff report, conditions, etc. are completed as scheduled. The hearing dates are preliminary and subject to change if any unidentified issues arise or if the PC or CC dates are delayed due to scheduling conflicts, full agendas, and/or project continuance. ITEM:DUE DATE/ SCHEDULED: Project Issues regarding Neg. Dec., Fire Suppression, etc. resolved w/Fire & USFWS 1/22/99 Conditions to Planning from Engineering & Fire Depts. 1/26/99 Revised plans due to Planning Dept. for staff report 1/29/99 Staff to send out LCP A 6 week notice of PC Hearing 2/3/99 Staff Report completed and out for review/signatures 2/4/99 Letter from Applicant requesting TM extension (6 mos. start Aug. 31, 1998) 2/3 1/99 Planning Commiss ion Hearing 3/17/99 City Council Hearing 4/13/99 Local Coastal Program Amendment to Coastal Commission, 2nd Batch 6/4/99 CC: FOLLOWING COPIES SENT BY FACSIMILE 1/21/99 DAVID SHIBLEY, DAVID R. SHIBLEY & ASSOCIATES ARIE DE JONG, c/o HOLLANDIA DAIRY GREGG LINHOFF, STANDARD PACIFIC HOMES JOHN KLEIN, HUNSAKER& ASSOCIATES DAVID MCCULLOUGH, IVY LANDSCAPE ARCHITECTS Page 1 of 1 Olttg 2075 LAS PALMAS DRIVE CARLSBAD, CALIFORNIA 92009-4859 (619)438-1161 PLANNING DEPARTMENT TO V-Z/- 99 ATTENTION WE ARE SENDING YOU D Attached D Under separate cover via D Shop drawings O Prints D Plans D Samples D _the following items: D Specifications COPIES / Pfttfl DATE NO.DESCRIPTION Xrbo///*otf-./ crAee/xar/V-»tr cy-T -+h& A^Wsr»*x? /%m -Qr ^.-/^ /VTBon x3rc/>c-f -fro>^ /^f*w &/c,cJr \) ' v / THESE ARE TRANSMITTED as checked below D For approval D For your use D As requested D For review and comment D For your action D For Checking D Approved as submitted D Approved as noted J0^ Returned for corrections . copies for approvalG3 Resubmit -s" D Design only, not for construction D Return. D . corrected prints REMARKS COPY TO. SIGNED: \ <v> Printed on recycled paper If enclosures are not as noted, kindly notify us at once, (Earlab 2075 LAS PALMAS DRIVE CARLSBAD, CALIFORNIA 92009-4859 (619)438-1161 PLANNING DEPARTMENT TO AI fen ATTENTION WE ARE SENDING YOU ^Attached D Under separate cover via D Shop drawings O Prints D Plans D Samples .the following items: D Specifications COPIES / Dated DATE NO. X "** / DESCRIPTION ^_^fc fsl C ~-*/'''*: ''' /£ll_y_ O*/' 1 / , sf , ; .-" /" A£T ^••^ ^''7 r?f &>*~'&t?^r3/Sit~-Ci jL%^- ft£ffr~i*~~"TC'sr^ — tf\4P*~ *C /C"^ v /C^1)^ /|X> I^'C!. Y " OT^K-O,^""/ _ THESE ARE TRANSMITTED as checked below: REMARKS D For approval D For your use D As requested D For review and comment D For your action olo D For Checking D Approved as submitted D Approved as noted \/pj Returned for corrections D Resubmit copies for approval D Design only, not for construction K *yReturn __^j_^^ corrected prints D TTZ Slac.tr COPY TO. Printed on recycled paper SIGNED:.; If enclosures are not as noted, kindly notify us at once, December 18, 1998 Mr. Mike Smith City of Carlsbad Fire Prevention 2560 Orion Way Carlsbad, CA 92009 Henthorn & Associa^B 5375 Avenida Encinas, Suite D Carlsbad, California 92008 (760) 438-4090 Fax (760) 438-0981 RECEIVED DEC 1 8 1S98 CITYPLANNING DEPT Subject: de Jong Project - Panhandle Lot Fire Prevention Condition Dear Mike: Pursuant to our meeting a couple of weeks ago, the design of Lots 27 and 28 are acceptable from a fire prevention prospective with the following conditions: • a fire hydrant will be added at the end of the panhandle access where the lots begin to widen out; and, • any proposed structure on these lots must be in compliance with the fire suppression zone setbacks as shown on the conceptual landscape plans (see attached); or • any proposed construction must be "ignition resistant" as required by the 1997 Urban-Wildlife Interface Code. There is no architecture proposed for these lots at this time. As this project is within the "Q" Overlay Zone, proposed development on the site will require a Site Development Plan to be processed through the City, requiring routing and review by the Fire Department. It is understood that given the conditions above, the Fire Department finds the design of Lots 27 and 28 supportable. If you concur with this understanding, please sign below and we will return this letter to the Project Planner, Don Neu, for use in preparing his conditions of approval for the Planning Commission hearing. If you have any questions or need additional information, please do not hesitate to call. Thank you. Sincerely, Mike Smith Fire Marshall encl. cc: File C:\WINWORD\DeJong\Letters\Mike Smith Fire Cond Itr.doc -1- ; Henthorn & Associal 5375 Avenida Encinas, Suite D Carlsbad, California 92008 (760) 438-4090 Fax (760) 438-0981 December 18, 1998 DEC 181998 Mr. Don Neu „, ,» «» *•»«-» A r\ City of Carlsbad . , '.. . ClTY OF CARLSBAD Planning Department pLANN^® DEPT. 2075 Las Palmas Drive . Carlsbad, CA 92009-1576 , Subject: De Jong Project, CT 98-05 - Final Issues Review Dear Don: Enclosed is the 4th Plan Check resubmittal responding to the City's final Planning, Engineering and Landscaping review and comments. The following statements respond to the City's letter identifying Issues of Concern dated November 30, 1998. Planning 1. A draft of the condition proposed to Mike Smith, Fire Marshall, is enclosed for your review. The panhandle length is pre-set due to the alignment of Black Rail Rd which was set onsite by a previous project and the diagonal length of the SDG&E easement that must be crossed to access the developable portion of the site. 2. General Design Note #13 on sheet 1 of the TM was modified to include the total graded area on the site excluding Poinsettia Lane. 3. The dimensions noted on the plancheck set were corrected. 4. The length of Lot 5 was modified to be in compliance with the 3 to 1 lot length to width ratio maximum. 5. The lot area for lot 30 was made consistent on all TM sheets. 6. The limits of grading line was corrected on the HDP and Constraints Map. 7. The Planning Department redlined checkprint sets are included with this resubmittal. Engineering 1. The improvements to Poinsettia Lane were clarified to show work performed by this project including the Poinsettia Lane median responsibilities. Full width grading is shown on the plans with the proposed frontage and !/•> street improvements. Portions of the proposed median improvements and 18' wide southerly lane will be reimbursable per B&TD #2. These improvements,are shown on the plans and in the major arterial cross section on sheet 1 of the TM. The applicant will also request that the City support a private reimbursement agreement between the owner and the adjacent property owner to the south for reimbursement of a portion of the offsite improvements (i.e. Vi of the median landscape and stamped concrete, etc. costs). 2. See Engineering #1, above. The proposed median improvements to Poinsettia Lane were added to the project plans. 3. A justification for the variance due to restrictions to site access is included. 4. The proposed drainage easements were modified to include only.the primary drainage facilities, with the check dam system assumed to be naturalized over time without necessary maintenance. 5. The landscape buffer issues was resolved with the Planning Department. A 50' structural setback line was also added to the plans. The Engineering Dept.'s red-lined check prints are returned with this resubmittal. -1- As this resubmittal addresses the remaining project design issues, it is anticipated that the project can be scheduled for Planning Commission hearing in early February. It is anticipated that any additional significant comments received from the project routing to the districts or the Negative Declaration environmental review, can be satisfied by project conditioning. Please call if you need any additional information. Thank you. Sincerely, Melissa K. Allen encl. cc: File C:\WINWORD\DeJong\Submittals\4th Submittal Ltr.doc -2- JAC^HENTHORN & ASSOCIA^S LETTER OF TRANSMITTAL To: Don Neu From: Melissa K. Allen Of: City of Carlsbad, Planning Department Of: Jack Henthorn & Associates 2075 Las Palmas Drive 5375 Avenida Encinas, Suite D Carlsbad, CA 92009-1576 Carlsbad, CA 92008 Phone: 438-1161 Phone: (760)438-4090 Fax: 438-0894 Fax: (760)438-0981 Date: 12/22/98 Time: 9:27 AM RE: de Jong Project - 4th Submittal, City Red-lined Checkprints FORWARDED BY: HI HAND DELIVERY D U.S. MAIL D FAX D COURIER D PRINTER D PICK-UP Pages Description 1 Transmittal 1 set TM setw/Planning Dept. comments 1 set TM w/Engineering Dept. comments 1 set Landscape Plans w/Larry Black's comments COMMENTS: Sorry, I accidentally left these out of the resubmittal package. Thanks, Melissa Copies to: File City of Carlsbad Planning Department DATE:December 21, 1998 TIME SENT: Number of Pages Being Transmitted (Including Cover Sheet): 4 TO: Melissa Allen COMPANY: Jack Henthorn & Associates PHONE #: 438-4090 FAX#:438-0981 FROM: Don Neu DEPT.: PLANNING PHONE: (760) 438-1161 ext. 4446 FAX: (760) 438-0894 SPECIAL INSTRUCTIONS: Transmitted is a copy of the water district comments on the Dejong Project (CT 98-05). [ | Return Fax 2075 Las Palmas Drive * Carlsbad, California 92009-1576 * (760)438-1161 Date: December 17.1998 Planning Department City of Carlsbad 2075 Las Palmas Drive Carlsbad, California 92009 TO: Don Neu FROM: Kelly Efimoff CMWD NO. 97-535 SUBJECT: De Jong Residential Project ZC 98-02/CT 98-05 The District is responding to your request for conditions on the subject project dated November 2. 1998. In response to your inquiry of November 2, 1998. the District has reviewed the subject project. Based on our review of the project, we have the following conditions regarding potable water, recycled water and sewer systems': 1. The Developer shall be responsible for all fees, deposits and charges which will be collected before and/or at the time of issuance of the building permit. The San Diego County Water Authority capacity charge will be collected at issuance of application for any meter installation. 2. The Developer shall provide detailed information to the District Engineer regarding water demand, irrigation demand, fire flow demand in gallons per minute, and projected sewer flow in million gallons per day. 3. The entire potable water system, recycled water system and sewer system shall be evaluated in detail by Developer and District Engineer to insure that adequate capacity, pressure and flow demands can be met. 4. All District pipelines, pump stations, pressure reducing stations and appurtenances required for this project by the District shall be within public right- of-way or within easements granted to the District or the City of Carlsbad Page 2 ™ Planning Department Date: December 17, 1998 5. Sequentially, the Developer's Engineer shall do the following: A. Meet with the City Fire Marshal and establish the fire protection requirements. B. Prepare and submit a colored recycled water use area map and submit this map to the Planning Department for processing and approval by the District Engineer. C. Prior to the preparation of sewer, water and recycled water improvement plans, the Developer shall submit preliminary system layouts to the District Engineer for review, comment and approval. 6. The following note shall be placed on the final map. "This project is approved upon the expressed condition that building permits will not be issued for development of the subject property unless the District serving the development has adequate water and sewer capacity available at the time development is to occur, and that such water and sewer capacity will continue to be available until time of occupancy." 7. All potable water and recycled water meters shall be placed within public right of way. 8. The following items shall apply if checked: 0 No more than 19 homes shall be served on a single potable water distribution pipeline. For those locations with more than 19 homes, a looped potable water pipeline system shall be designed. E] A public fire flow system shall be required for this industrial or commercial development, and it shall be constructed as a looped pipeline system. 9. The Developer will be responsible for construction of all sewer main as necessary for the service of this project. Construction of the sewer main within Poinsettia Lane and will include connection to the existing sewer in Poinsettia Lane at the western boundary of Aviara Planning Area III. 10. The Developer will be responsible for the construction of approximately 1800 lineal feet of 18"PVC recycled water main, approximately 1800 lineal feet of 12" PVC potable water main and approximately 1800 lineal feet of 30" welded steel potable water main along Poinsettia Lane from Black Rail Road to the boundary of Aviara Planning Area III. The Developer's Engineer will show the recycled water main and the potable mains on the Poinsettia Lane Improvement Plans. The Developer will be reimbursed for the cost of construction of the recycled water main and the potable water mains as described above in accordance with terms of a signed reimbursement agreement between the Carlsbad Municipal Water District and the Developer. Page 3 ™ Planning Department Date: December 17, 1998 If you have any questions, please contact the undersigned. Kelly Efimoff Associate Engineer KJE:kje £&CsU2s- City of Carlsbad Planning Department November 30, 1998 Melissa K. Allen Jack Henthorn & Associates 5375 Avenida Encinas, Suite D Carlsbad, CA 92008 SUBJECT: ZC 98-02/LCPA 98-01/CT 98-05/HDP 98-03/CDP 98-26/V98-04 - DEJONG RESIDENTIAL SUBDIVISION Dear Melissa: The revised project plans for the de Jong project have been reviewed by City Staff. Several design issues must be resolved in order for the project to move toward scheduling of a Planning Commission Hearing date. The attached list includes some of the major comments. Additional items are included on the enclosed redlined checkprints from the City's Project Engineer, Landscape Plancheck Consultant and from myself. Please have the plans revised to address the items noted and submit 3 complete sets of revised plans for review. Once all issues are resolved and conditions of approval are received from all departments a Planning Commission Hearing date can be scheduled. The draft Mitigated Negative Declaration proposed for the project is currently out for public review until December 30, 1998. Should any revisions be required by other agencies as a result of their review of the environmental documents the project plans will also need to incorporate those changes. Should you have any questions concerning the remaining issues, please contact me at (760) 438-1161, extension 4446. Sincerely, DON NEU Senior Planner DN:mh Enclosures Arie de Jong, 622 E. Mission Road, San Marcos, CA 92069 Adrienne Landers, Principal Planner Clyde Wickham, Associate Engineer 2O75 Las Palmas Dr. • Carlsbad, CA 92OO9-1576 - (76O) 438-1161 • FAX (760) 438-O894 ZC 98-02/LCPA 98-01/CT 98-05/HDP 98-03/CDP 98-26/V 98-04 - DE JONG RESIDENTIAL SUBDIVISION ISSUES OF CONCERN Planning: 1. The proposed length of the panhandle for Lots 27 and 28 still remains. The Engineering Department has indicated in their comments that they do not support granting a variance for the panhandle length. In addition, comments have not been received to date from the Fire Department concerning this project. The City's Fire Marshal has stated that he has met with the project representatives concerning the project and is awaiting a proposal concerning structural mitigation measures to address fire safety. As previously discussed, the Planning Department will not recommend approval of the proposed variance for panhandle length unless it is supported by both the Engineering and Fire Departments. 2. Indicate on the project plans if the total graded area noted on sheet 1 of the Tentative Map includes the offsite grading for Poinsettia Lane. The issue of concern is to determine how the grading volume per acre was calculated to assure that the volume complies with the Hillside Development Ordinance. 3. Several dimensions noted on the tentative map are incorrect. Please review the redlined checkprint and make the necessary revisions. 4. Proposed residential Lot 5 exceeds the maximum 3 to 1 lot length to width ratio listed in Section 20.16.010(8) of the Subdivision Ordinance of the City of Carlsbad. 5. The lot area for lot 30 is not consistent between sheets 3 and 4 of the Tentative Map. 6. Revise the limits of grading line on sheet 5 of 7 of the Hillside Development Permit and Constraints Map as noted on the enclosed checkprint. Please return the checkprints with your revised plan sets. 7. Enclosed is a redlined checkprint from the City's Landscape Plancheck Consultant containing required revisions. Please revise the plan as noted and return the redlined checkprint with your resubmittal. Engineering 1. Improvements to Poinsettia Lane not clear. We expect this project to clearly show full width grading within a complete right of way and the typical frontage (1/2) street improvements. The Bridge & Thoroughfare District also has requirements to construct median & 2 (18' wide) lanes that are reimbursable, per the agreement. These improvements must be shown clearly. The plans submitted have a lot of "improvements by others" and the actual proposed improvements by developer are unclear. 2. Median improvements to Poinsettia Lane not shown. Median curb, gutter, stamped concrete surface, irrigation, landscaping, and drainage must be shown. 3. Panhandle length for lots 28 & 27 too long 200' max. @ 30' width. Perhaps a 32' wide hillside street per GS 1-A will work without the need for a variance. Check with planning. It is difficult to produce a variance for a design hardship when there is no surrounding homes developed like this, when the creation of these two lots will also require 10' crib walls and 20' slopes. If the pads could be stepped down slope to fit hillside conditions and if the hillside street condition could be used the lots could be supported. 4. Open space ownership and C.C.&R. maintenance condition. The proposed drainage easements are too long, and the end structures should be maintenance free, (see red-line comments on plans) 5. The landscape buffer along Poinsettia Lane was reduced to 20' from last review. Believe the Engineer confused guard rail requirements to over ride specific plan landscape buffer requirements. What is shown is an issue, check with Planning Dept. 6. Attached is a red-lined check print of the proposed project for the applicants use in making the requested revisions. This check print must be returned with the project revisions to facilitate continued staff review. » City of Carlsbad Planning Department November 24, 1998 Julie Vanderwier U.S. Fish and Wildlife Service 2730 Loker Avenue West Carlsbad, CA 92008 SUBJECT: ZC 98-02/LCPA 98-01/CT 98-05/HDP 98-03/CDP 98-26/V 98-04 - MITIGATED NEGATIVE DECLARATION FOR THE DEJONG RESIDENTIAL PROJECT Dear Julie: Enclosed is a copy of the Mitigated Negative Declaration, Environmental Impact Assessment, and Biological Studies prepared for the de Jong Residential Project located in the Zone 20 Specific Plan area. The site location is depicted on the enclosed exhibit. The document begins its 30 day public review in accordance with CEQA Guidelines on November 23, 1998. The project plans and biological studies are provided for your reference. The proposed project consists of 28 single family residential lots and 2 open space lots on a 33.4 acre property. Please forward to me any comments you may have regarding the project's impacts and proposed mitigation measures for which you are a responsible agency under CEQA. If you have any questions regarding the project or the environmental determination for the project please contact me as soon as possible at (760) 438-1161, extension 4446. Sincerely, Don Neu Senior Planner enclosures DN:eh 2O75 Las Palmas Dr. • Carlsbad, CA 92OO9-1576 - (76O) 438-1161 - FAX (76O) 438-O894 ! * •City of Carlsbad Planning Department November 24, 1998 David N. Lawhead California Department of Fish and Game Environmental Services Division Natural Communities Conservation Planning 4949 Viewridge Avenue San Diego, CA 92123 SUBJECT: ZC 98-02/LCPA 98-01/CT 98-05/HDP 98-03/CDP 98-26/V 98-04 - MITIGATED NEGATIVE DECLARATION FOR THE DEJONG RESIDENTIAL PROJECT Dear Mr. Lawhead: Enclosed is a copy of the Mitigated Negative Declaration, Environmental Impact Assessment, and Biological Studies prepared for the de Jong Residential Project located in the Zone 20 Specific Plan area. The site location is depicted on the enclosed exhibit. The document begins its 30 day public review in accordance with CEQA Guidelines on November 23, 1998. The project plans and biological studies are provided for your reference. The proposed project consists of 28 single family residential lots and 2 open space lots on a 33.4 acre property. Please forward to me any comments you may have regarding the project's impacts and proposed mitigation measures for which you are a responsible agency under CEQA. If you have any questions regarding the project or the environmental determination for the project please contact me as soon as possible at (760) 438-1161, extension 4446. incerely, Don Neu Senior Planner enclosures DN:eh 2O75 Las Palmas Dr. • Carlsbad, CA 92009-1576 - (760) 438-1161 • FAX (76O) 438-O894 City of Carlsbad Planning Department November 24, 1998 Deborah Lee California Coastal Commission San Diego Coast Area 3111 Camino del Rio North, Suite 200 San Diego, CA 92108-1725 SUBJECT: ZC 98-02/LCPA 98-01/CT 98-05/HDP 98-03/CDP 98-26/V 98-04 - MITIGATED NEGATIVE DECLARATION FOR THE DEJONG RESIDENTIAL PROJECT Dear Deborah: Enclosed is a copy of the Mitigated Negative Declaration, Environmental Impact Assessment, and Biological Studies prepared for the de Jong Residential Project located in the Zone 20 Specific Plan area. The site location is depicted on the enclosed exhibit. The document begins its 30 day public review in accordance with CEQA Guidelines on November 23, 1998. The project plans and biological studies are provided for your reference. The proposed project consists of 28 single family residential lots and 2 open space lots on a 33.4 acre property. Please forward to me any comments you may have regarding the project's impacts and proposed mitigation measures for which you are a responsible agency under CEQA. If you have any questions regarding the project or the environmental determination for the project please contact me as soon as possible at (760) 438-1161, extension 4446. Sincerely, **cfcm S 4cx Don Neu Senior Planner enclosures DN:eh 2075 Las Palmas Dr. - Carlsbad, CA 92OO9-1576 • (76O) 438-1161 - FAX (76O) 438-O894 JA A HENTHORN & ASSOCIA«S LETTER OF TRANSMITTAL To: Don Neu From: Melissa K. Allen Of: City of Carlsbad, Planning Department Of: Jack Henthorn & Associates 2075 Las Palmas Drive 5375 Avenida Encinas, Suite D Carlsbad, CA 92009-1576 Carlsbad, CA 92008 Phone: 438-1161 Phone: (760)438-4090 Fax: 438-0894 Fax: (760)438-0981 Date: 11/24/98 Time: 12:31 PM RE: de Jong Property - Environmental Review Routing Package FORWARDED BY: HI HAND DELIVERY D U.S. MAIL D FAX D COURIER D PRINTER D PICK-UP Pages Description 1 Transmittal 1 Copy of your transmittal requesting items 1 Original of Mitigated Negative Declaration, EIA Part II, & Mitigation Packet - Signed by Arie 3 Dudek Biology Report - Re: Onsite Project Analysis 3 Dudek Biology Assessment Letter - Re: Offsite Poinsettia Lane Impacts 3 Complete sets of project plans including TM, Hillside/Constraints Map & Landscape Plans COMMENTS: Items sent per your request for the project environmental routing. Please call if you need additional info. Thanks, Melissa Copies to: File David Shibley (transmittal only, sent by fax) VMJJ 'F CA^LS?/^,,,. ^ (Earlafi 2075 LAS PALMAS DRIVE CARLSBAD, CALIFORNIA 92009-4859 PLANNING DEPARTMENT TO f //•-** / / cr c^ ^x JL-t- / 1 f-*f^*~]/ 1 V_^v / / -s j-»— > *-'/ *l • ' *•*'*' ' ^^J CA CI-^V / Kw-'l r riO'A^yO ^ rl\.5 ^5 V_/ N_-^"| Of JV,^- j COPIES / WE ARE SENDING ' D Shop drawings D Copy of letter Datprt DATE ll-l'7-98 NO. i^OU D Attached D Under separate c D Prints D Plans H Change order "W ^/' 3ATE //- / 7- 95^ Jc r- ? s-OS~ ATTENTION HE -V ) A^C—V^-^T^v r'Tr^A/ ' "C- v\ •O^fxTDUS" /%rt£O~ over via the following items: D Samples D Specifications T1?^ q-fccy A/ec;;- /)ec. -fir cwAn'c.&ri1~~ A^ V/ ' ' DESCRIPTION O r / c, i na 1 erf /^1/iiaaiQ^AJe.cj^ii^e. /}e.^h r*."tic^ ,\j ._ v — . . \j . ,_ '; /^1of^f~^cf^i rtoi C7-^ec k h$~l~. THESE ARE TRANSMITTED as checked below REMARKS D For approval D For your use D As requested D For review and comment D For your action &" oilso D For Checking D Approved as submitted D Approved as noted D Returned for corrections -three D Resubmit . copies for approval D Design only, not for construction D Return corrected prints for -sv't/"7ct-fare. <=//)- XW-2T o-P C2 U.S. /)erf ct [ I 3 3 of1 of COPY TO./r/'/e. Printed on recycled paper SIGNED: . enclosures are not as noted, kindly notify us at once. TO: PROJECT MEMO A ILSBAD — PLANNING DEPARTMWT * ' I—?DATE: /\JOV, I I 19. CARLSBAD FROM:/\Je eU TIME:2!/0 /?A? PROJECT/PERMIT NO. C~l ~7~ ^S~C .5" / <J9 -Je Ol J SUBJECT: A? / 77£>? Tg> -fcr tor,r, /a^i _ "-—P-lanning-Dir.ector/Acting Agent WHITE - Job Site; YELLOW - File; PINK - Inspector OUtg 0f (Earlatm 2075 LAS PALMAS DRIVE CARLSBAD, CALIFORNIA 92009-4859 IDTO ^O 1 V) fOO- 1 1 D 1 PLANNING DEPARTMENT TO •J -> c £ r&rr/'hcrr""', ' /^'-S-SOC /O-k- '•', COPIES / WE ARE SENDING ^ D Shop drawings D Copy of letter Dated DATE II- n-^ NO. rOU D Attached D Under separate c D Prints D Plans n Change order ]X ^.' DATE JOB NO./ / — . / t t -y W"' .»«««•> -™*~— f^f. f-%. /-*. .f™™'// / /""" 7o C* >f /O Co ATTENTION RE:^t >0 <" i"""T ,/•"*•. .i* .y»iw«j**"'** A ., / J***f J?3"~^~*^. '' j^™"/\.iff S iff j&f / TE-ir- y i vi y f"''*i "^ tj&4 / / \ ff** A&LLA^/rriCAJ /=c/f Xi jff^*' *** Y*?"' •.* ^*^* jiS^i" •"~*»£*™v"r™"r^~" over via the following items: D Samples D Specifications ' ' ^i • ^/ " f / %ifQr~)c< TT//TE DESCRIPTION r,.'; r i °i < r& i Q-t- M/Uct crjo&Aj- & c-tfrH u €* x^c /<s r^ "^7 ^ .- ••> ,,~\j ^> ^ x— , /^ /"^ / f %. i ^ /j"vb*Q<"TS2CL£2Q i=±t2££ C//Sf J THESE ARE TRANSMITTED as checked below: D For approval D For Checking D Resubmit.copies for approval D D D D REMARKS For your use D Approved as submitted As requested D Approved as noted For review and comment D Returned for corrections For your action $ecv5;-e also 3Tt/^v»/TL -three Co D Design only, not for construction D Return corrected prints a /rr s-yoAiet^re vJhefe ""^^^^^ ^Srr'ibu4-)o-7 iA,rfli 4/-1-- ei^di^n^2^-£kl_i^r»^i-fts: +ts O^ ^/Wi ^ Gnv>-p Co^^r: U. -S. P^li a^r-1 V\>,'lr?llr-(e 3^^oire C?K->^ r/9 Ccqjrfn i 2=?'\•o / ^ C c^'^/p-le S*£-ks 0-f c^ii i ~> '/ r- < I i 'o> <- c-i}ie:j o-f- •"•fn*? O-» -rHt?: 3 envies o4: U>> rrff .Si-te ^rt? jecrf- /3/on.r Aticl&k /^/<?/rov /feticH" n j c /rov q s <se3&*nevrh /« '^v / • O\y <LJ ^ v.7\^i- rs. ./ COPY TO SIGNED: W>C> /V>/ Printed on recycled paper /f enclosures are not as noted, kindly notify us at once, V ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART II (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO: ZC 98-02/LCPA 98-01/CT 98-05/HDP 98-03/CDP 98-26/V 98-04 DATE: October 15. 1998 BACKGROUND 1. 2. 3. 4. 5. CASE NAME: de Jong Residential Project APPLICANT: Arie de Jong. Jr. Family Trust ADDRESS AND PHONE NUMBER OF APPLICANT: 622 E. Mission Road. San Marcos. CA 92069: f760)_744-3222 DATE EIA FORM PART I SUBMITTED: February 13. 1998 PROJECT DESCRIPTION: A proposed Local Coastal Program Amendment and Zone Change to change the land use designation for the site from Limited Control fL-C) to One-Family Residential. 7.500 square foot minimum lot size. Qualified Development Overlay Zone (R-l- 7.500 -O"! and Open Space (OS^ on a 33.4 acre property. Also proposed is a Tentative Tract Map to create 28 residential lots and 2 open space lots, a Hillside Development Permit. Coastal Development Permit and a Variance to allow two proposed lots to exceed the maximum panhandle length. The project site is located at the northeast corner of Black Rail Road and future Poinsettia Lane. SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The summary of environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact," or "Potentially Significant Impact Unless Mitigation Incorporated" as indicated by the checklist on the following pages. [ | Land Use and Planning | | Population and Housing | | Geological Problems PI Water Air Quality P<] Transportation/Circulation | | Public Services [x] Biological Resources | | Utilities & Service Systems |~~[ Energy & Mineral Resources | | Aesthetics M Hazards M Cultural Resources Noise | | Recreation [ | Mandatory Findings of Significance Rev. 03/28/96 DETERMINATION. (To be completed by the Lead Agency) Q] I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. Q I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. Q I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. [X] I find that the proposed project MAY have significant effect(s) on the environment, but at least one potentially significant effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An Mitigated Negative Declaration is required, but it must analyze only the effects that remain to be addressed. | | I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier Master Environmental Impact Review (MEIR 93-01) pursuant to applicable standards and (b) have been voided or mitigated pursuant to that earlier Master Environmental Review (MEIR 93-01), including revisions or mitigation measures that are imposed upon the proposed project. Therefore, a Notice of Prior Compliance has been prepared. Planner Signature Date Planning Director's Signature Date Rev. 03/28/96 ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. • A brief explanation is required for all answers except "No Impact" answers that are adequately supported by an information source cited in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved. A "No Impact" answer should be explained when there is no source document to refer to, or it is based on project-specific factors as well as general standards. • "Less Than Significant Impact" applies where there is supporting evidence that the potential impact is not adversely significant, and the impact does not exceed adopted general standards and policies. • "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. • "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. • Based on an "EIA-Part II", if a proposed project could have a potentially significant effect on the environment, but all potentially significant effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required (Prior Compliance). • When "Potentially Significant Impact" is checked the project is not necessarily required to prepare an EIR if the significant effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a "Statement of Overriding Considerations" has been made pursuant to that earlier EIR. • A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant effect on the environment. Rev. 03/28/96 • If there are one or more potentially significant effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce impacts to less than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate "Potentially Significant Impact Unless Mitigation Incorporated" may be checked and a Mitigated Negative Declaration may be prepared. • An EIR must be prepared if "Potentially Significant Impact" is checked, and including but not limited to the following circumstances: (1) the potentially significant effect has not been discussed or mitigated in an Earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the impact to less than significant; (2) a "Statement of Overriding Considerations" for the significant impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the impact to less than significant, or; (4) through the EIA-Part II analysis it is not possible to determine the level of significance for a potentially adverse effect, or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of significance. A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts which would otherwise be determined significant. Rev. 03/28/96 Issues (and Supporting Information Sources). LAND USE AND PLANNING. Would the proposal:. a) Conflict with general plan designation or zoning? (Source #(s): (#l:Pgs 5.6-1 - 5.6-18; #2: Pgs 111-74 - III -87) b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? (#l:Pgs 5.6-2 - 5.6-18; #2 Pgs 111-74 - III -87) c) Be incompatible with existing land use in the vicinity? (#l:Pgs 5.6-1 - 5.6-18; #2 Pgs III -74 - III -87) d) Affect agricultural resources or operations (e.g. impacts to soils or farmlands, or impacts from incompatible land uses? (#l:Pgs 5.6-1 - 5.6-18; #2 Pgs 111-74 - III - 87) e) Disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? (#l:Pgs 5.6-1 - 5.6-18; #2 III - 74 - III -87) Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated D D D D Less Than No Significant Impact Impact D D D II. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? (#l:Pgs 5.5-1 - 5.5-6) b) Induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? (#l:Pgs 5.5-1 - 5.5-6) c) Displace existing housing, especially affordable housing? (#l:Pgs 5.5-1 - 5.5-6) D D D D D D D III. GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: a) Fault rupture? (#l:Pgs 5.1-1 - 5.1-15; #2: Pgs III-112 - III- 11 8; #6) b) Seismic ground shaking? ((#l:Pgs 5.1-1 - 5.1-15; #2: c) d) e) f) g) h) Seismic ground failure, including liquefaction? ((#l:Pgs 5.1-1 - 5.1.15; #2: Pgs III-112 - III-118; #6) Seiche, tsunami, or volcanic hazard? (#l:Pgs 5.1-1 - 5.1-15;#2: Pgs III-112 - III-l 18; #6) Landslides or mudflows? (#l:Pgs 5.1-1 - 5.1-15; #2: Pgs III-l 12 -III-l 18; #6) Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? (#l:Pgs 5.1-1 - 5.1-15; #2: Pgs III-l 12 - III -118; #6) Subsidence of the land? (#l:Pgs 5.1-1 - 5.1-15; #2: Pgs III-l 12 -III-l 18; #6) Expansive soils? (#l:Pgs 5.1-1 - 5.1-15; #2: Pgs III-l 12 -III -118; #6) Unique geologic or physical features? (#l:Pgs 5.1-1 - 5. 1-15; #2 Pgs III -112 -III -118; #6) D D D D D D D D D D D D D D D D D D D Rev. 03/28/96 Issues (and Supporting Information Sources). IV. WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? (#l:Pgs 5.2-1 - 5.2- 11; #7) b) Exposure of people or property to water related hazards such as flooding? ((#l:Pgs 5.2-1 - 5. 2-11; #7) c) Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? ((#l:Pgs 5.2-1 - 5. 2-11; #7) d) Changes in the amount of surface water in any water body? ((#l:Pgs 5.2-1 - 5. 2-11; #7) e) Changes in currents, or the course or direction of water movements? ((#l:Pgs 5.2-1 - 5.2-11; #7) f) Changes in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? ((#l:Pgs 5.2-1 - 5.2-11; #7) g) Altered direction or rate of flow of groundwater? ((#l:Pgs5.2-l-5.2-ll;#7) h) Impacts to groundwater quality? ((#l:Pgs 5.2-1 - 5. 2- 11; #7) i) Substantial reduction in the amount of groundwater otherwise available for public water supplies? ((#l:Pgs 5.2-1-5.2-11) Potentially Significant Impact D D D D D D Potentially Less Than No Significant Significant Impact Unless Impact Mitigation Incorporated D D D D D D D D D D D D D V. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? (#l:Pgs 5.3- 1 -5.3-12) b) Expose sensitive receptors to pollutants? (#l:Pgs 5.3-1 - 5.3-12) c) Alter air movement, moisture, or temperature, or cause any change in climate? ((#l:Pgs 5.3-1 - 5.3-12) d) Create objectionable odors? ((#l:Pgs 5.3-1 - 5.3-12) D D D D D D D D Kl D IEI VI. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? (#l:Pgs 5.7-1 - 5.7.22; #2: Pgs 111-58 -111-69) b) Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? (#l:Pgs 5.7-1 - 5.7.22; #2: .Pgs 111-58 -111-69) c) Inadequate emergency access or access to nearby uses? (#l:Pgs 5.7-1 - 5.7.22; #2: Pgs 111-58 -111-69) d) Insufficient parking capacity on-site or off-site? (#l:Pgs 5.7-1 - 5.7.22; #2: Pgs 111-58 -111-69) e) Hazards or barriers for pedestrians or bicyclists? (#l:Pgs 5.7-1 - 5.7.22; #2: Pgs 111-58 -111-69) D D D D D D D D D D D D Rev. 03/28/96 1P^ Issues (and Supporting Information Sources). f) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? (#l:Pgs 5.7-1 - 5.7.22; #2: Pgs 111-58 -111-69) g) Rail, waterborne or air traffic impacts? (#l:Pgs 5.7-1 - 5.7.22; #2: Pgs 111-58 -111-69) Potentially Significant Impact D Potentially Significant Unless Mitigation Incorporated D D Less Than Significant Impact D D No Impact VII. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds? (#l:Pgs 5.4-1 - 5.4-24; #2: Pgs III- 37 - m-57; #3) b) Locally designated species (e.g. heritage trees)? (#l:Pgs 5.4-1 - 5.4-24; #2: Pgs ffl-37 - m-57; #3) c) Locally designated natural communities (e.g. oak forest, coastal habitat, etc.)? (#l:Pgs 5.4-1 - 5.4-24; #2: Pgs 111-37 -111-57; #3) d) Wetland habitat (e.g. marsh, riparian and vernal pool)? (#l:Pgs 5.4-1 - 5.4-24; #2: Pgs 111-37 -111-58; #3) e) Wildlife dispersal or migration corridors? (#l:Pgs 5.4-1 - 5.4-24; #2: Pgs 111-37 -111-57; #3) D D D D D D D D VIII. ENERGY AND MINERAL RESOURCES. Would the proposal? a) Conflict with adopted energy conservation plans? (#l:Pgs 5.12.1-1 - 5.12.1-5 & 5.13-1 - 5.13-9) b) Use non-renewable resources in a wasteful and inefficient manner? (#l:Pgs 5.12.1-1 -5.12.1-5 & 5.13- 1-5.13-9) c) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? (#l:Pgs 5.12.1-1 - 5.12.1-5 & 5.13-1-5.13-9) D D D D D D D IX. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals or radiation)? (#l:Pgs 5.10.1-1-5.10.1-5) b) Possible interference with an emergency response plan or emergency evacuation plan? (#l:Pgs 5.10.1-1 - 5.10.1-5) c) The creation of any health hazard or potential health hazards? (#l:Pgs 5.10.1-1 - 5.10.1-5; #2: Pgs 111-97 - III-105) d) Exposure of people to existing sources of potential health hazards? (#l:Pgs 5.10.1-1 - 5.10.1-5; #2: Pgs 111-97 - III-105) e) Increase fire hazard in areas with flammable brush, grass, or trees? (#l:Pgs 5.10.1-1 - 5.10.1-5) D D D D D D D D D D D D X. NOISE. Would the proposal result in: Rev. 03/28/96 Issues (and Supporting Information Sources). a) Increases in existing noise levels? (#l:Pgs 5.9-1 - 5.9- 15;#2:Pgsin-88-III-96;#5) b) Exposure of people to severe noise levels? (#l:Pgs 5.9- 1 - 5.9-15; #2: Pgs 111-88 -111-96; #5) Potentially Significant Impact D D Potentially Significant Unless Mitigation Incorporated D Less Than Significant Impact D No Impact D XI. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: Fire protection? (#l:Pgs 5.12.5-1 - 5.12.5-6)a) b) c) d) e) Police protection? (#l:Pgs 5.12.6-1 - 5.12.6-4) Schools? (#l:Pgs 5.12.7.1 - 5.12.7-5) Maintenance of public facilities, including roads? (#1, pgs 5.12.1-1-5.12.8-7) Other governmental services? (#l:Pgs 5.12.1-1 - 5.12.8-7) D D D D D D D D D D D D XII. UTILITIES AND SERVICES SYSTEMS. Would the proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: a) Power or natural gas? (#l:Pgs 5.12.1-1 - 5.12.1-5 & 5.13-1-5.13-9) b) Communications systems? (#1; pgs 5.12.1-1 - 5.12.8-7) c) Local or regional water treatment or distribution facilities? (#l:Pgs 5.12.2-1 - 5.12.3-7) d) Sewer or septic tanks? (#l:Pgs 5.12.3-1 - 5.12.3-7) e) Storm water drainage? (#1 :Pg 5.2-8) f) Solid waste disposal? (#l:Pgs 5.12.4-1 - 5.12.4-3) g) Local or regional water supplies? (#l:Pgs 5.12.2-1 - 5.12.3-7) D D D n D DG D n n D D D D D D D n nnn XIII. AESTHETICS. Would the proposal: a) Affect a scenic or vista or scenic highway? (#l:Pgs 5.11-1 - 5.11-5; #2: Pgs III-119 - III-151) b) Have a demonstrate negative aesthetic effect? (#l:Pgs 5.11-1 - 5.11-5; #2: Pgs III-119 - III-151) c) Create light or glare? (#l:Pgs 5.11-1 - 5.11-5; #2: Pgs III-119-HI-151) n n n n n n n n XIV. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? (#l:Pgs 5.8-1 - 5.8- 10;#2:PgsIII-106-III-107) b) Disturb archaeological resources? (#l:Pgs 5.8-1 - 5.8- 10; #2: Pgs 111-70 -111-73) c) Affect historical resources? (#l:Pgs 5.8-1 - 5.8-10;#2: Pgs 111-70 -111-73) d) Have the potential to cause a physical change which would affect unique ethnic cultural values? (#l:Pgs 5.8-1 - 5.8-10; #2: Pgs 111-70 -111-73) D D D D D D n n n Rev. 03/28/96 Issues (and Supporting Information Sources). e) Restrict existing religious or sacred uses within the potential impact area? (#l:Pgs 5.8-1 - 5.8-10; #2: Pgs 111-70 -111-73) Potentially Significant Impact D Potentially Significant Unless Mitigation Incorporated D Less Than Significant Impact No Impact D XV. RECREATIONAL. Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreational facilities? (#l:Pgs 5.12.8-1 - 5.12.8-7) b) Affect existing recreational opportunities? (#l:Pgs 5.12.8-1-5.12.8-7) D D D XVI. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the I I quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually r\7\ limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will I I cause the substantial adverse effects on human beings, either directly or indirectly? D D D D D D Rev. 03/28/96 XVII. EARLIER ANALYSES. Earlier analysis of this proposed single family residential project has been completed through the General Plan Update (GPA 94-01) and related Master Environmental Impact Report (MEIR 93-01). The MEIR is cited as source #1 in the preceding checklist. This proposal is consistent with the applicable portions of the General Plan and is considered a project that was described in MEIR 93-01 as within its scope. All feasible mitigation measures identified in MEIR 93-01 which are appropriate to the project have been incorporated into this project. The project site is located in an area which is subject to the requirements of the Zone 20 Specific Plan approved by the City Council in 1994. A program EIR was certified for the Zone 20 Specific Plan. The Zone 20 Program EIR identified, analyzed, and recommended mitigation to reduce potentially significant impacts to insignificant levels. The Zone 20 Program EIR (PEIR) analyzed potential impacts to agriculture, air quality, biology, circulation, land use, noise, pesticide residue, paleontology, public facilities financing, soils/geology, and visual aesthetics that could result from the development of the Specific Plan area. The Program EIR is intended to be used in the review of subsequent projects within Zone 20. The project incorporates the required Zone 20 Program EIR mitigation measures, and through the analysis of the required additional biological, geotechnical, hydrology, and noise analysis a determination has been made that no additional significant impacts beyond those identified and mitigated by the Program EIR will result from this project. The following environmental evaluation briefly explains the basis for this determination along with identifying the source documents which support the environmental determination. The Zone 20 Program EIR and additional technical studies are cited as source documents for this environmental evaluation. 10 Rev. 03/28/96 DISCUSSION OF ENVIRONMENTAL EVALUATION I. PROJECT DESCRIPTION/ENVIRONMENTAL SETTING The project site is approximately 33.4 acres in size and is located at the northeast comer of Black Rail Road and future Poinsettia Lane. The project consists of 28 residential lots with a minimum lot area of 7,500 square feet and 2 open space lots which contain a total of 22.68 acres. The site contains coastal sage scrub, southern maritime chaparral, scrub oak chaparral, coast live oak and areas which have been used for agriculture. The site elevation decreases from a high of approximately 350 feet in the southwestern corner to a low of 204 feet in the canyon located in the central portion of the north end of the site. A total of 23.42 acres of the site are designated as Residential Low-Medium Density (RLM 0-4 DU/AC) and 9.99 acres are designated as Open Space (OS) on the General Plan Land Use Map. The project site is zoned Limited Control (L-C). A zone change and local coastal program amendment are proposed to designate the site as One-Family Residential, 7,500 square foot minimum lot size, Qualified Development Overlay Zone (R-l-Q) and Open Space (OS) to correspond to the existing general plan land use designations. An irrevocable offer of dedication will be required over the two open space lots. Residential density from these parcels is being transferred to the area of the site which is proposed to be developed. In addition to approval of the tentative map application a hillside development permit, coastal development permit, and a variance application approval are being requested. The requested variance is to exceed the maximum panhandle length for two lots caused by the location of an existing SDG&E easement and tower. The project also includes some offsite grading for Poinsettia Lane parallel to the southern boundary line of the site. 11 Rev. 03/28/96 II. ENVIRONMENTAL ANALYSTS B. Environmental Impact Discussion V. a) Air Quality The implementation of projects that are consistent with and included in the updated 1994 General Plan will result in increased gas and electric power consumption and vehicle miles traveled. These subsequently result in increases in the emission of carbon monoxide, reactive organic gases, oxides of nitrogen and sulfur, and suspended particulates. These aerosols are the major contributors to air pollution in the City as well as in the San Diego Air Basin. Since the San Diego Air Basin is a "non-attainment basin", any additional air emissions are considered cumulatively significant: therefore, continued development to buildout as proposed in the updated General Plan will have cumulative significant impacts on the air quality of the region. To lessen or minimize the impact on air quality associated with General Plan buildout, a variety of mitigation measures are recommended in the Final Master EIR. These include: 1) provisions for roadway and intersection improvements prior to or concurrent with development; 2) measures to reduce vehicle trips through the implementation of Congestion and Transportation Demand Management; 3) provisions to encourage alternative modes of transportation including mass transit services; 4) conditions to promote energy efficient building and site design; and 5) participation in regional growth management strategies when adopted. The applicable and appropriate General Plan air quality mitigation measures have either been incorporated into the design of the project or are included as conditions of project approval. Operation-related emissions are considered cumulatively significant because the project is located within a "non-attainment basin", therefore, the "Initial Study" checklist is marked "Potentially Significant Impact". This project is consistent with the General Plan, therefore, the preparation of an EIR is not required because the certification of Final Master EIR 93-01, by City Council Resolution No. 94-246, included a "Statement Of Overriding Considerations" for air quality impacts. This "Statement Of Overriding Considerations" applies to all projects within the scope of the General Plan's Final Master EIR, including this project, therefore, no further environmental review of air quality impacts is required. This document is available at the Planning Department. VI. a) Transportation/Circulation The implementation of projects that fall within the scope of and are included in the updated 1994 General Plan will result in increased traffic volumes. Roadway segments will be adequate to accommodate buildout traffic; however, 12 full and 2 partial intersections will be severely impacted by regional through-traffic over which the City has no jurisdictional control. These generally include all freeway interchange areas and major intersections along Carlsbad Boulevard. Even with the implementation of roadway improvements, a number of intersections are projected to fail the City's adopted Growth Management performance standards at buildout. To lessen or minimize the impact on circulation associated with General Plan buildout, numerous mitigation measures have been recommended in the Final Master EIR. These include measures to ensure the provision of circulation facilities concurrent with need; 2) provisions to develop 12 Rev. 03/28/96 KCV. UJ/Z6/i»O II. ENVIRONMENTAL ANALYSTS B. Environmental Impact Discussion V. a) Air Quality The implementation of projects that are consistent with and included in the updated 1994 General Plan will result in increased gas and electric power consumption and vehicle miles traveled. These subsequently result in increases in the emission of carbon monoxide, reactive organic gases, oxides of nitrogen and sulfur, and suspended particulates. These aerosols are the major contributors to air pollution in the City as well as in the San Diego Air Basin. Since the San Diego Air Basin is a "non-attainment basin", any additional air emissions are considered cumulatively significant: therefore, continued development to buildout as proposed in the updated General Plan will have cumulative significant impacts on the air quality of the region. To lessen or minimize the impact on air quality associated with General Plan buildout, a variety of mitigation measures are recommended in the Final Master EIR. These include: 1) provisions for roadway and intersection improvements prior to or concurrent with development; 2) measures to reduce vehicle trips through the implementation of Congestion and Transportation Demand Management; 3) provisions to encourage alternative modes of transportation including mass transit services; 4) conditions to promote energy efficient building and site design; and 5) participation in regional growth management strategies when adopted. The applicable and appropriate General Plan air quality mitigation measures have either been incorporated into the design of the project or are included as conditions of project approval. Operation-related emissions are considered cumulatively significant because the project is located within a "non-attainment basin", therefore, the "Initial Study" checklist is marked "Potentially Significant Impact". This project is consistent with the General Plan, therefore, the preparation of an EIR is not required because the certification of Final Master EIR 93-01, by City Council Resolution No. 94-246, included a "Statement Of Overriding Considerations" for air quality impacts. This "Statement Of Overriding Considerations" applies to all projects within the scope of the General Plan's Final Master EIR, including this project, therefore, no further environmental review of air quality impacts is required. This document is available at the Planning Department. VI. a) Transportation/Circulation The implementation of projects that fall within the scope of and are included in the updated 1994 General Plan will result in increased traffic volumes. Roadway segments will be adequate to accommodate buildout traffic; however, 12 full and 2 partial intersections will be severely impacted by regional through-traffic over which the City has no jurisdictional control. These generally include all freeway interchange areas and major intersections along Carlsbad Boulevard. Even with the implementation of roadway improvements, a number of intersections are projected to fail the City's adopted Growth Management performance standards at buildout. To lessen or minimize the impact on circulation associated with General Plan buildout, numerous mitigation measures have been recommended in the Final Master EIR. These include measures to ensure the provision of circulation facilities concurrent with need; 2) provisions to develop 12 Rev. 03/28/96 alternative modes of transportation such as trails, bicycle routes, additional sidewalks, pedestrian linkages, and commuter rail systems; and 3) participation in regional circulation strategies when adopted. The diversion of regional through-traffic from a failing Interstate or State Highway onto City streets creates impacts that are not within the jurisdiction of the City to control. The applicable and appropriate General Plan circulation mitigation measures have either been incorporated into the design of the project or are included as conditions of project approval. Regional related circulation impacts are considered cumulatively significant because of the failure of intersections at buildout of the General Plan due to regional through-traffic, therefore, the "Initial Study" checklist is marked "Potentially Significant Impact". This project is consistent with the General Plan, therefore, the preparation of an EIR is not required because the recent certification of Final Master EIR 93-01, by City Council Resolution No. 94-246, included a "Statement Of Overriding Considerations" for circulation impacts. This "Statement Of Overriding Considerations" applies to all projects that fall within the scope of the General Plan's Master EIR, including this project, therefore, no further environmental review of circulation impacts is required. VII. a, c. & d) Biological Resources The Zone 20 Program EIR identified the mitigation requirement that future site specific biological survey studies that focus on the impacts created by individual subsequent development projects be prepared. The additional biological studies are required to consider the baseline data and biological open space recommendations of the Zone 20 Program EIR and provide more detailed and current resource surveys. The site specific biological survey is required to identify mitigation for any project specific impacts. A report titled, "Biological Resources Report and Impact Analysis for the de Jong Property, City of Carlsbad, San Diego County, California," dated February 11, 1998 by Dudek & Associates has been prepared for the project. In addition, a report title, "Offsite Impacts of the Proposed de Jong Property Development, dated July 27, 1998 has been prepared to analyze the biological impacts of the offsite impacts associated with grading for Poinsettia Lane which are depicted on the tentative tract map. The biology report for the de Jong property determined that implementation of the project would result in the direct loss of 13 acres, including impacts to the following habitat types: • 0.0 acre of coastal sage scrub - less than significant • 0.7 acre of southern maritime chaparral - significant • 0.8 acre of annual non-native grassland - less than significant • 11.5 acres of agricultural land - less than significant In general, the proposed plan results in the preservation of 20.4 acres (61 percent), 16.7 acres of which are native habitats, in natural open space, including 100 percent of coast live oak woodland, coastal sage scrub, disturbed coastal sage scrub, disturbed southern maritime chaparral, scrub oak chaparral, valley needlegrass grassland, and 93 percent (9.8 acres) of southern maritime chaparral. The location and configuration of the open space land is conducive to long-term viability as it is a single, large, concentrated block of habitat linked with offsite natural habitat. No impacts would occur to sensitive animal species. The California gnatcatcher 13 Rev. 03/28/96 observed onsite within the canyon was located within the proposed large block of open space. If the bird is resident within the property, there is adequate habitat to support it. There will be no impact to its preferred habitat, coastal sage scrub. Because of the time of year that the survey took place (late summer), it is likely that the birds were dispersing or roaming within the vicinity. Coastal sage scrub habitat is located nearby both to the north and west and gnatcatcher locations have been recorded nearby. No impacts are expected to occur to the California gnatcatcher. Indirect impacts may result in the reduction of the carrying capacity of the native habitats, however, the patch of habitat onsite is connected to additional habitat offsite. These indirect impacts are considered less than significant. The following onsite impacts associated with implementation of the proposed development plan are considered significant: a) Loss of 0.7 acre of southern maritime chaparral. Although the project results in the loss of 0.7 acre of southern maritime chaparral, the project contributes to the preservation of resources and the ultimate development of the subregional preserve system by contributing open space, a total of 20.4 acres of predominately native habitats. The de Jong property is located within Preserve Planning Area 4 of the Carlsbad Draft HMP which has been designated for 50 to 60 percent preservation by the MHCP and is subject to the project level conservation requirements outlined within the Carlsbad HMP. On a overall project- level basis, the property is proposed to receive 61 percent preservation, with the native habitats onsite proposed to receive approximately 97 percent preservation which far exceeds the goals set by the MHCP. The proposed project meets the project-level conservation requirements outlined by the Draft Carlsbad HMP: the project does not preclude the functioning of preserve linkages due to the preserve design; over 50 percent of the southern maritime chaparral is preserved; there is no net loss of the coast live oak riparian forest habitat, coastal sage scrub, valley needlegrass grassland; the project has been designed to avoid and minimize impacts to sensitive habitats and species. Thus, the proposed project is consistent with the Draft Carlsbad HMP. Mitigation Measures The project design mitigates direct impacts to southern maritime chaparral and the sensitive plant species that occur within this habitat. Included in the project design is the granting of an irrevocable offer of dedication to the City of Carlsbad or an acceptable entity for an open space/conservation easement over Lots Number 29 and 30 of the tentative map. This covers over 93 percent (9.8 acres) of the southern maritime chaparral on the de Jong property. This is greater than the 2:1 mitigation ratio that is typically required by the resource agencies for the impact of southern maritime chaparral. The open space easement also includes the preservation of 100 percent of the Del Mar manzanita, wart-stemmed ceanothus, summer holly, Nuttall's scrub oak, and California gnatcatcher occurring onsite. Offsite Impacts The letter quantifying the impacts that will occur as part of the construction of the offsite portion of Poinsettia Lane, a major circulation element roadway indicates that there are two vegetation 14 Rev. 03/28/96 communities present within the area proposed to be impacted. They are disturbed habitat and southern maritime chaparral. A total of 0.18 acre of southern maritime chaparral is located at the eastern edge of the offsite impact area. The remaining 2.7 acres of offsite area to be impacted is disturbed habitat. This refers to areas that lack vegetation entirely. One species of plant listed as endangered by the California Department of Fish and Game (CDFG) and proposed for listing as endangered by the U.S. Fish and Wildlife Service (USFWS) was detected within the offsite impact area: Del Mar manzanita (Arctostaphylos glandulosa ssp. Crassifolia). Implementation of the proposed project would result in the direct loss of 2.88 acres of offsite area including impacts to the following habitat types: • 2.70 acres of disturbed habitat - - less than significant. • 0.18 acre of southern maritime chaparral - significant. In addition, implementation of the proposed project would result in the direct loss of the following sensitive plant species: • 6 individuals of Del Mar manzanita - significant. The impact to the southern maritime chaparral vegetation community and the Del Mar manzanita require mitigation. Offsite Mitigation Measures The de Jong project includes in the project design the granting of an irrevocable offer of dedication for an open space easement over 93 percent (9.8 acres) of the southern maritime chaparral on the property. The onsite impact to southern maritime chaparral is 0.7 acre. When combined with the offsite impact, the total impact to this sensitive habitat type due to the project is 0.88 acre. The onsite preservation is greater than the 2:1 mitigation ratio that is typically required by the resource agencies for the impact of southern maritime chaparral. With the preservation of 9.8 acres onsite, the impact to southern maritime chaparral is fully mitigated. The open space easement also includes the preservation of 100 percent of the Del Mar manzanita (the current focused survey indicates 21 individuals are present within the property; 27 individuals present in total), as well as wart-stemmed ceanothus, summer holly, and Nuttal's scrub oak. Thus the impact to Del Mar manzanita from the offsite road impacts is fully mitigated by the preservation of 78% of the Del Mar manzanita present within the property and the offsite areas combined and the large patch of southern maritime chaparral onsite. IX. c) and d) Hazards Agricultural chemicals have previously been used on the site according to the Zone 20 Program EIR. Because of this prior use there is the potential for soil contamination resulting from the varying degrees of degradation, prevalence in the environment, and toxicity of the agricultural chemicals which may have been used. The following mitigation measures shall be implemented to lessen this potential impact to a level of less than significant as required by the Zone 20 Program EIR: 1) Prior to approval of the final map or grading plan a detailed soils testing and analysis report shall be prepared by a registered soils engineer, and submitted to the City Planning and Engineering Departments as well as the County Department of Environmental Health 15 Rev. 03/28/96 for review and approval. This report shall evaluate the potential for soil contamination on-site due to historic use, handling, or storage of restricted agricultural chemicals. The report shall also identify a range of possible mitigation measures to remediate any potentially significant public health impacts if hazardous chemicals are detected at high concentrations in the soil. Such mitigation measures shall include, at a minimum: a. Remove any contaminated soils and haul to a State-certified landfill. b. Cap the area of soil contamination with materials appropriate for the containment of the specific type of chemical, taking into account its rate of absorption and toxicity level. c. Place the area of soil contamination in an open space easement, with restrictions on future construction of permanent buildings and human uses. Fencing and warning signs shall also be installed, where appropriate, prohibiting potential use of the site. 2) The applicant shall notify, in a manner satisfactory to the City Attorney, all tenants/users of new development that these areas are subject to dust, pesticides, and odors associated with adjacent agricultural operations, and that the tenants/users occupy these areas at their own risk. X.b) Noise A noise study was prepared for the project as required by a mitigation measure identified in the Zone 20 program EIR. All projects located within 500 feet of existing/future Poinsettia Lane are required to analyze the projected traffic noise impacts. The acoustical evaluation prepared for the project by Ogden Environmental and Energy Services concluded the following: 1) No ground floor receptors were found to be exposed to future traffic noise in excess of the prescribed 60 dBA CNEL level set by the City. As a result of this finding, no ground- level exterior mitigation is required (e.g., noise walls). 2) The second floor noise for Lots # 1, 2, 3, and 8 were found to be in excess of the prescribed 60 dBA CNEL level and would require an interior noise analysis in accordance with CCR Title 24 to limit interior noise levels to 45 dBA CNEL. 3) No lots within the property boundaries were found to be within the 60+ dBA CNEL aircraft noise contours for the McClellan-Palomar Airport. The following noise mitigation measures are required for the project: 1) The second floor noise for Lots # I, 2, 3, and 8 were found to be in excess of the prescribed 60 dBA CNEL level and would require an interior noise analysis in accordance with CCR Title 24 to limit interior noise levels to 45 dBA CNEL. Prior to the issuance of a building permit for Lots # 1, 2, 3, and 8 the applicant shall submit a copy of the required interior noise analysis documenting what construction materials or measures must be utilized to meet the required interior noise levels. In addition a letter signed by the acoustician and the project architect and containing the project architect's 16 Rev. 03/28/96 registration stamp shall be submitted prior to the issuance of a building permit certifying that the recommendations of the interior noise analysis have been incorporated into the building plans. 2) Prior to the recordation of the first final tract map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property may be subject to noise impacts from the proposed or existing Transportation Corridor, in a form meeting the approval of the Planning Director and City Attorney (see Noise Form #1 on file in the Planning Department). 3) Prior to the recordation of the first final tract map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form meeting the approval of the Planning Director and the City Attorney (see Noise Form #2 on file in the Planning Department). XIV. a) Cultural Resources - Paleontology According to the Zone 20 Program EIR the geologic formations present within the Zone 20 Specific Plan Area have the potential to contain significant fossils. There is a high potential for the discovery of fossils during future grading and construction activities. The following mitigation measures shall be implemented during future grading of the site to reduce potentially significant impacts on the region's paleontological resources to an acceptable level: a. Prior to any grading of the project site, a paleontologist shall be retained to perform a walkover survey of the site and to review the grading plans to determine if the proposed grading will impact fossil resources. A copy of the paleontologist's report shall be provided to the Planning Director prior to issuance of a grading permit; b. A qualified paleontologist shall be retained to perform periodic inspections of the site and to salvage exposed fossils. Due to the small nature of some of the fossils present in the geologic strata, it may be necessary to collect matrix samples for laboratory processing through fine screens. The paleontologist shall make periodic reports to the Planning Director during the grading process; c. The paleontologist shall be allowed to divert or direct grading in the area of an exposed fossil in order to facilitate evaluation and, if necessary, salvage artifacts; d. All fossils collected shall be donated to a public, non-profit institution with a research interest in the materials, such as the San Diego Natural History Museum; e. Any conflicts regarding the role of the paleontologist and the grading activities of the project shall be resolved by the Planning Director and City Engineer. 17 Rev. 03/28/96 III. EARLIER ANALYSES USED The following documents were used in the analysis of this project and are on file in the City of Carlsbad Planning Department located at 2075 Las Palmas Drive, Carlsbad, California, 92009, (760) 438-1161, extension 4446. 1. "Final Master Environmental Impact Report for the City of Carlsbad General Plan Update" (MEIR 93-01), dated March 1994, City of Carlsbad Planning Department. 2. "Final Program Environmental Impact Report for the Zone 20 Specific Plan" (EIR 90- 03), dated June 1992, Brian F. Mooney Associates. 3. "Biological Resources Report and Impact Analysis for the de Jong Property, City of Carlsbad, San Diego County, California", dated February 11, 1998, Dudek & Associates, Inc. 4. "Offsite Impacts of the Proposed de Jong Property Development, dated July 27, 1998, Dudek & Associates, Inc. 5. "Acoustical Evaluation Study - de Jong Property" , dated February 18, 1998, Ogden Environmental and Energy Services. 6. "Report of Preliminary Geotechnical Investigation - de Jong Property" (Job No. 97- 7157), dated January 12, 1998, Geotechnical Exploration, Inc. 7. "Hydrology Study for de Jong Property in the City of Carlsbad" (W.O. 2074-1), Revised July 30, 1998, Hunsaker & Associates, Inc. 18 Rev. 03/28/96 LIST OF MITIGATING MEASURES (IF APPLICABLE^ 1. The project design mitigates direct impacts to southern maritime chaparral and the sensitive plant species that occur within this habitat. Included in the project design is the granting of an irrevocable offer of dedication to the City of Carlsbad or an acceptable entity for an open space/conservation easement over Lots Number 29 and 30 of the tentative map. This covers over 93 percent (9.8 acres) of the southern maritime chaparral on the de Jong property. This is greater than the 2:1 mitigation ratio that is typically required by the resource agencies for the impact of southern maritime chaparral. The open space easement also includes the preservation of 100 percent of the Del Mar manzanita, wart-stemmed ceanothus, summer holly, Nuttall's scrub oak, and California gnatcatcher occurring onsite. 2. The de Jong project includes in the project design the granting of an irrevocable offer of dedication for an open space easement over 93 percent (9.8 acres) of the southern maritime chaparral on the property. The onsite impact to southern maritime chaparral is 0.7 acre. When combined with the offsite impact, the total impact to this sensitive habitat type due to the project is 0.88 acre. The onsite preservation is greater than the 2:1 mitigation ratio that is typically required by the resource agencies for the impact of southern maritime chaparral. With the preservation of 9.8 acres onsite, the impact to southern maritime chaparral is fully mitigated. The open space easement also includes the preservation of 100 percent of the Del Mar manzanita (the current focused survey indicates 21 individuals are present within the property; 27 individuals present in total), as well as wart-stemmed ceanothus, summer holly, and Nuttal's scrub oak. Thus the impact to Del Mar manzanita from the offsite road impacts is fully mitigated by the preservation of 78% of the Del Mar manzanita present within the property and the offsite areas combined and the large patch of southern maritime chaparral onsite. 3. Prior to approval of the final map or grading plan a detailed soils testing and analysis report shall be prepared by a registered soils engineer, and submitted to the City Planning and Engineering Departments as well as the County Department of Environmental Health for review and approval. This report shall evaluate the potential for soil contamination on-site due to historic use, handling, or storage of restricted agricultural chemicals. The report shall also identify a range of possible mitigation measures to remediate any potentially significant public health impacts if hazardous chemicals are detected at high concentrations in the soil. Such mitigation measures shall include, at a minimum: a. Remove any contaminated soils and haul to a State-certified landfill. b. Cap the area of soil contamination with materials appropriate for the containment of the specific type of chemical, taking into account its rate of absorption and toxicity level. c. Place the area of soil contamination in an open space easement, with restrictions on future construction of permanent buildings and human uses. Fencing and warning signs shall also be installed, where appropriate, prohibiting potential use of the site. 19 Rev. 03/28/96 4. The applicant shall notify, in a manner satisfactory to the City Attorney, all tenants/users of new development that these areas are subject to dust, pesticides, and odors associated with adjacent agricultural operations, and that the tenants/users occupy these areas at their own risk. 5. The second floor noise for Lots # 1, 2, 3, and 8 were found to be in excess of the prescribed 60 dBA CNEL level and would require an interior noise analysis in accordance with CCR Title 24 to limit interior noise levels to 45 dBA CNEL. Prior to the issuance of a building permit for Lots # 1, 2, 3, and 8 the applicant shall submit a copy of the required interior noise analysis documenting what construction materials or measures must be utilized to meet the required interior noise levels. In addition a letter signed by the acoustician and the project architect and containing the project architect's registration stamp shall be submitted prior to the issuance of a building permit certifiying that the recommendations of the interior noise analysis have been incorporated into the building plans. 6. Prior to the recordation of the first final tract map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property may be subject to noise impacts from the proposed or existing Transportation Corridor, in a form meeting the approval of the Planning Director and City Attorney (see Noise Form #1 on file in the Planning Department). 7. Prior to the recordation of the first final tract map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form meeting the approval of the Planning Director and the City Attorney (see Noise Form #2 on file in the Planning Department). 8. a. Prior to any grading of the project site, a paleontologist shall be retained to perform a walkover survey of the site and to review the grading plans to determine if the proposed grading will impact fossil resources. A copy of the paleontologist's report shall be provided to the Planning Director prior to issuance of a grading permit; b. A qualified paleontologist shall be retained to perform periodic inspections of the site and to salvage exposed fossils. Due to the small nature of some of the fossils present in the geologic strata, it may be necessary to collect matrix samples for laboratory processing through fine screens. The paleontologist shall make periodic reports to the Planning Director during the grading process; c. The paleontologist shall be allowed to divert or direct grading in the area of an exposed fossil in order to facilitate evaluation and, if necessary, salvage artifacts; d. All fossils collected shall be donated to a public, non-profit institution with a research interest in the materials, such as the San Diego Natural History Museum; e. Any conflicts regarding the role of the paleontologist and the grading activities of the project shall be resolved by the Planning Director and City Engineer. 20 Rev. 03/28/96 ATTACH MITIGATION MONITORING PROGRAM OF APPLICABLE^ 21 Rev. 03/28/96 APPLICANT CONCURRENCE WITH MITIGATION MEASURES THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT. Date Signature 22 Rev. 03/28/96 PROJECT NAME: de Jong Residential Project APPROVAL DATE:. FILE NUMBERS: ZC 98-02/LCPA 98-01/CT 98-05/HDP 98- 03/CDP 98-26/V 98-04 CONDITIONAL NEC. DEC.: The following environmental mitigation measures were incorporated into the Conditions of Approval for this project in order to mitigate identified environmental impacts to a level of insignificance. A completed and signed checklist for each mitigation measure indicates that this mitigation measure has been complied with and implemented, and fulfills the City's monitoring requirements with respect to Assembly Bill 3180 (Public Resources Code Section 21081.6). m 7JO m Mitigation Measure Monitoring Type : Monitoring Department Shown on Plans > Verified Implementation Remarks 1. The project design mitigates direct impacts to southern maritime chaparral and the sensitive plant species that occur within this habitat. Included in the project design is the granting of an irrevocable offer of dedication to the City of Carlsbad or an acceptable entity for an open space/conservation easement over Lots Number 29 and 30 of the tentative map. This covers over 93 percent (9.8 acres) of the southern maritime chaparral on the de Jong property. This is greater than the 2:1 mitigation ratio that is typically required by the resource agencies for the impact of southern maritime chaparral. The open space easement also includes the preservation of 100 percent of the Del Mar manzanita, wart-stemmed ceanothus, summer holly, Nuttall's scrub oak, and California gnatcatcher occurring onsite. Project Planning OJO O O Imo <D O O^i O) Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other information. RD - Appendix P. Mitigation Measure Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks m O Sm 2. The de Jong project includes in the project design the granting of an irrevocable offer of dedication for an open space easement over 93 percent (9.8 acres) of the southern maritime chaparral on the property. The onsite impact to southern maritime chaparral is 0.7 acre. When combined with the offsite impact, the total impact to this sensitive habitat type due to the project is 0.88 acre. The onsite preservation is greater than the 2:1 mitigation ratio that is typically required by the resource agencies for the impact of southern maritime chaparral. With the preservation of 9.8 acres onsite, the impact to southern maritime chaparral is fully mitigated. The open space easement also includes the preservation of 100 percent of the Del Mar manzanita (the current focused survey indicates 21 individuals are present within the property; 27 individuals present in total), as well as wart- stemmed ceanothus, summer holly, and Nuttal's scrub oak. Thus the impact to Del Mar manzanita from the offsite road impacts is fully mitigated by the preservation of 78% of the Del Mar manzanita present within the property and the offsite areas combined and the large patch of southern maritime chaparral onsite. Project Planning SO O Oimo (Q (Dro o•* o> Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other information. RD - Appendix P. Mitigation Measure Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks m 7J O m 3. Prior to approval of the final map or grading plan a detailed soils testing and analysis report shall be prepared by a registered soils engineer, and submitted to the City Planning and Engineering Departments as well as the County Department of Environmental Health for review and approval. This report shall evaluate the potential for soil contamination on-site due to historic use, handling, or storage of restricted agricultural chemicals. The report shall also identify a range of possible mitigation measures to remediate any potentially significant public health impacts if hazardous chemicals are detected at high concentrations in the soil. Such mitigation measures shall include, at a minimum: a. Remove any contaminated soils and haul to a State-certified landfill. b. Cap the area of soil contamination with materials appropriate for the containment of the specific type of chemical, taking into account its rate of absorption and toxicity level. c. Place the area of soil contamination in an open space easement, with restrictions on future construction of permanent buildings and human uses. Fencing and Project County Environmental Health/ Engineering/Pi anning O2 CD OImo (Q(D CO 2, CD Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other information. RD - Appendix P. Mitigation Measure Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks warning signs shall also be installed, where appropriate, prohibiting potential use of the site. The applicant shall notify, in a manner satisfactory to the City Attorney, all tenants/users of new development that these areas are subject to dust, pesticides, and odors associated with adjacent agricultural operations, and that the tenants/users occupy these areas at their own risk. The second floor noise for Lots # 1, 2, 3, and 8 were found to be in excess of the prescribed 60 dBA CNEL level and would require an interior noise analysis in accordance with CCR Title 24 to limit interior noise levels to 45 dBA CNEL. Prior to the issuance of a building permit for Lots # 1, 2, 3, and 8 the applicant shall submit a copy of the required interior noise analysis documenting what construction materials or measures must be utilized to meet the required interior noise levels. In addition a letter signed by the acoustician and the project architect and containing the project architect's registration stamp shall be submitted prior to the issuance of a building permit certifying that the recommendations of the interior noise analysis have been incorporated into the building plans. Project Planning Project Planning Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other information. RD - Appendix P. Mitigation Measure Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks 6. Prior to the recordation of the first final tract map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property may be subject to noise impacts from the proposed or existing Transportation Corridor, in a form meeting the approval of the Planning Director and City Attorney (see Noise Form #1 on file in the Planning Department). 7. Prior to the recordation of the first final tract map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form meeting the approval of the Planning Director and the City Attorney (see Noise Form #2 on file in the Planning Department). 8. a. Prior to any grading of the project site, a paleontologist shall be retained to perform a walkover survey of the site and to review the grading plans to determine if the proposed grading will impact fossil resources. A copy of the paleontologist's report shall be provided to the Planning Director prior to issuance of a grading permit; Project Planning Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other information. RD - Appendix P. Mitigation Measure b. A qualified paleontologist shall be retained to perform periodic inspections of the site and to salvage exposed fossils. Due to the small nature of some of the fossils present in the geologic strata, it may be necessary to collect matrix samples for laboratory processing through fine screens. The paleontologist shall make periodic reports to the Planning Director during the grading process; c. The paleontologist shall be allowed to divert or direct grading in the area of an exposed fossil in order to facilitate evaluation and, if necessary, salvage artifacts; d. All fossils collected shall be donated to a public, non-profit institution with a research interest in the materials, such as the San Diego Natural History Museum; e. Any conflicts regarding the role of the paleontologist and the grading activities of the project shall be resolved by the Planning Director and City Engineer, the San Diego Natural History Museum; Monitoring Type Project Monitoring Department Planning Shown on Plans Verified Implementation Remarks mz m O O 1Cmo (D O O^ O Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Verjfied Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other information. RD - Appendix P. Mitigation Measure f. Any conflicts regarding the role of the paleontologist and the grading activities of the project shall be resolved by the Planning Director and City Engineer. Monitoring Type Project Monitoring Department Planning Shown on Plans, Verified Implementation Remarks m 7JO Z 3mz O2 zO OImo 7sn CO (Q (D O^i a Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other information. RD - Appendix P. t //-/<£-<? 5". « Don Neu - DeJong Residential Project - jj^8-05 J^ "'"' Page 1 From: Don Neu To: Craig Ruiz Date: 11/10/98 1:42PM Subject: DeJong Residential Project - CT 98-05 Please schedule the DeJong Project for Housing Commission review on December 10, 1998. At this time I am projecting that it will go to Planning Commission in January and would like to have the Housing Commission's recommendation prior to finalizing documents for the Planning Commission Hearing. Thanks. HENTHORN & ASSOCIA^S LETTER OF TRANSMITTAL To: Don Neu From: Melissa K. Allen Of: City of Carlsbad, Planning Department Of: Jack Henthorn & Associates 2075 Las Palmas Drive 5375 Avenida Encinas, Suite D Carlsbad, CA 92009-1576 Carlsbad, CA 92008 Phone: 438-1161 Phone: (760)438-4090 Fax: 438-0894 Fax: (760)438-0981 Date: 10/30/98 Time: 2:00 P.M. RE: de Jong Property, CT 98-05 - 3rd Plan-check Re-submittal FORWARDED BY: B HAND DELIVERY D U.S. MAIL D FAX D COURIER D PRINTER D PICK-UP Pages Description 1 Transmittal 2 Cover Letter responding to issues identified in City letter dated Aug. 31, 1998 12 Sets of Tentative Map by Hunsaker & Associates, folded 8.5" x 11" 12 Sets of Hillside Permit/Constraints Mapping by Hunsaker & Associates, folded at 8.5"x11" 12 Sets of Landscape Plans by IVY Landscape Architects, folded at 8.5" x 11" 1 Panhandle Lots Setbacks and Fire Suppression Zone Limits Exhibit 1 Example Hillside Setbacks Exhibit for Panhandle Lots 1 Set TM City Plancheck Set by Planning Dept., Don Neu, 3rd Submittal 1 Set Hillside Development Permit/Constraints City Plancheck Set by Don Neu COMMENTS: Please call if you need any additional information. Thank you, Melissa Copies to: File Arie de Jong David Shibley 2 £F9 Henthorn & Associati 5375 Avenida Encinas, Suite D Carlsbad, California 92008 (760) 438-4090 Fax (760) 438-0981 November 2, 1998 Mr. DonNeu City of Carlsbad Planning Department 2075 Las Palmas Drive Carlsbad, C A 92009- 15 76 Subject: de Jong Project, CT 98-05/HDP 98-03/CDP 98-26/V 98-04/ZC 98-02/LCPA 98-01 Re-Submittal & Response to City's Issues of Concern Letter dated Aug. 31, 1998 Dear Don: Enclosed is the resubmittal package responding to the City's final issues of concern for the de Jong residential subdivision. The following items respond directly to the numbered items in the City's letter. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10 11 The Request to Purchase Offsite Inclusionary Housing Credits in the Villa Loma project was filed with the City's Housing and Redevelopment Department on October 20, 1998. The project environmental review will be routed to the required agencies by City staff and the project will be conditioned to consult with relevant agencies prior to the approval of grading permit or final map. Variance number was added to the TM, HDP and Landscape plans. The Poinsettia Ln. cross-section on the TM and the Landscape plans were revised to show the type 2 un- paved hiking trail with a decomposed granite surface and to add the standard sidewalk on the Ldscp plans. The slope behind Lot 28 was modified with a crib-wall to maintain the 30' height criteria of the Hillside Ordinance in the Coastal Zone. The applicant requests that if the new regulations become effective in the Coastal Zone prior to issuance of a grading permit and final map that the project be able to change the project plans back to the previous design through administrative substantial conformance review. The southern maritime chaparral (SMC) biological category is identified on the constraints map, however, the density calculations table was not revised as maritime chaparral is not considered undevelopable land. It is still developable with appropriate mitigations. All of the constrained slope areas with SMC habitat were already deducted from the net acreage calculations. The lot numbers of the slope profiles were corrected. The southerly portion of the 91,800 cubic yards of imported dirt needed for Poinsettia Lane is the obligation of the City, as it is a City initiated project. It is anticipated that the 76,300 cu. yds. of import needed onsite will be achieved by the dirt exportation necessary for projects within the Zone 20 area. The landscape plans were modified to call out the material of the pilaster, compatible w/the project wall. An exhibit was prepared showing the R-l Zone setbacks and fire suppression zone lines for Lots 27 & 28. A second exhibit is provided showing the allowed building setback envelope based on the proposed hillside setbacks if the new ordinance gets adopted in the Coastal Zone prior to final map approval. Approval from the Fire and Engineering Departments will be obtained for the panhandle lengths. A meeting with the Fire Marshal is scheduled next week to review the proposed plan and panhandle lengths. The City's redlined check-prints are enclosed herein with the 12 sets of revised plans addressing the City's comments. -1- This should provide everything you need to route the project plans to the different departments and send the project out for environmental review. We would like to be considered for the December 2 Planning Commission hearing for the project and to be reviewed under the current batch of ZC and LCPA applications if it is at all possible: If you have any questions or need additional information, please do not hesitate to call. Sincerely, - - Melissa K. Allen encl. cc: File Mr. Arie de Jong Mr. David Shibley, David R. Shibley and Associates, Inc. C:\WINWORD\DeJong\Letters\City 4th Submtl Ltr.doc -2- CRIBWALL DEJONG PROPERTY Panhandle Lot Setback and Fire Suppression Zone Limits 10 20 North Scalel" = 40' 40 60 80 Jack Henthom & Associates • 5375 Avenida Enemas • Suite D • Carlsbad, CA 92008 • PH: (760) 438-4090 FAX: (760) 438-0981 Property Line -.7Horiz.:1.0Vert. Hillside Diagonal Setback Plane Side Yard Setbacks Allowable Envelope Existing Grade DEJONG PROPERTY Hillside Setback Envelope Jack Henthom & Associates • 5375 Avenida Encinas • Suite D • Carlsbad, CA 92008 • PH: (760) 438-4090 FAX: (760) 438-0981 £itv of Cgfrlsbad ^J ••^•^^^••••^••^VBi^MB^BBMH^HH^^BMMPlanning Department October?, 1998 Mr, Arie de Jong 622 East Mission Road San Marcos, CA 92069 SUBJECT: DE JONG PROJECT ZONE CHANGE AND LOCAL COASTAL PROGRAM AMENDMENT PROCESSING - ZC 98-02/LCPA 98-01 Dear Mr. de Jong, This letter is in response to your request for the City of Carlsbad to process your zone change and local coastal program amendment applications ahead of the tentative tract map, hillside development permit, coastal development permit and variance applications. All of the project applications were deemed complete on August 31, 1998. Planning Department staff does not support separating the applications for a number of reasons. The primary justification provided to take the legislative applications ahead of the others was to be included in the first batch submittal of Local Coastal Program Amendments (LCPA) for 1999. At this time no revised plans have been submitted since the application was deemed complete. As a result the project has not been reviewed by other departments/agencies and environmental documents have not been completed as design revisions are being considered by your consultants. In addition, city project scheduling deadlines make it infeasible that your project be included in the first LCPA batch submittal for 1999 given it's current status. Adding to this are the problems associated with preparing the project's environmental documents and the environmental findings that are required to be made when the requested permits are separated. Should you have any questions concerning the reasons for this determination please contact me at (760) 43 8-1161, extension 4446. Sincerely, DON NEU Senior Planner DN:eh Adrienne Landers, Principal Planner Mike Grim, Associate Planner Jack Henthorn, Jack Henthorn & Associates 2O75 La Palmas Dr. • Carlsbad, CA 92OO9-1576 • (760) 438-1161 • FAX (760) 438-O894 J^L- -frjV(X Arie dejong • 622 East Mission Road • San Marcos, California 92069 September 22,1998 Mr. Don Neu ' City of Carlsbad Planning Department 2075 Las Palmas Drive Carlsbad, CA 92009 RE: deJong Project, CT 98-05- Request to expedite Zone Change (ZC98-02) and Local Coastal Program Amendment (LCPA 98-01) Applications i Dear Don, . , ' ' I am sending this letter to request that you proceed with the processing of the Zone Change and Local Coastal Program'Amendment portions of the application relative to my property in Zone 20 (APN 215-080-31). By moving these applications forward while the oth6r related applications are processing, we will expedite the overall time-line associated with the easterly extension of Poinsettia Lane. , - - If you have any questions, please contact me or my project representative, Jack Henthorn, at your convenience. , Sincerely, Arie de Jong Jr., Family Trust Trustee cc: File Mike Grim, City of Carlsbad, Planning Department David Shibley, David R. Shibley and Associates Jack Henthorn, Jack Henthorn and Associates Printed on Recycled Paper 09/25/1998 12:48 7604380981 HENTHORN PAGE 01 HENTHORN & ASSOCIAT^ LETTER OF TRANSMITTAL To: Don Neu Of: City of Carlsbad, Planning Department 2075 Las Palmas Drive Carlsbad, CA 92009-1 576 Phone: 438-1161 Fax: 438-0894 From: Melissa K. Allen Of: Jack Henthorn & Associates 5375 Avenida Encinas, Suite D Carlsbad, CA 92008 Phone; (760)438-4090 Fax: (760)438-0981 Date: 9/25/98 Time; 12:58 PM RE: de Jong Project - Zone Change (ZC 98-02) & Local Coastal Plan Amendment (LCPA 98-01) FORWARDED BY: D HAND DELIVERY U U.S. MAIL a FAX D COURIER D PRINTER D PICK-UP Pages Description 1 Transmittal 1 Letter from Arie de Jong re Request to separate ZC & LCPA applications from TM et at, re expediting the construction of Poinsettia Lane. COMMENTS: Sent per our conversation yesterday. Original letter to follow by mail. Please call if you have any questions or need additional information. Thank you, Melissa Copies to: File 09/25/1998 12:48 7604380981 HENTHORN PAGE 02 * 98 37:48 FROM:flRIE DE JJM? 619-752-1956 TO:7604380981 PA<3E;3S f Arit it Jong • 612 East Mission Kood • San Marcos, Califamia 92069 September 22,1993 Mr. DonNeu City of Carlsbad Planning Department 2075 Las Palraas Drive Carlsbad, CA 92009 RE: deJoog Project, CT 98-05- Request to expedite Zone Change (ZC98-02) and Local Coastal Program Amendment (LCPA 98-01) Applications i Dear Don, . . I am sending this letter to request that you proceed with the processing of the Zone Change and Local Coastal Program Amendment portions of the application relative to toy property in Zone 20 (APN 2 1 5-080-3 1). By moving these applications forward while the other related applications are processing, we will expedite the overall time-line associated with the easterly extension of Poinsettia Lan«. If you- have any questions, please contact me or my project representative, Jack Henthom, at yow convenience. Sincerely, Aric dc Jong Jr,,FpuJy Trust //) -'^ - Process as cc. File Make Grim, City of Carlsbad, Planning Department David Shiblcy, David R, Shibley and Associates Jack Heothom, Jaclc Henthom aud Associates <— - cut! -fo City of Carlsbad Planning Department August 31, 1998 Melissa K. Allen Jack Henthorn & Associates 5375 Avenida Encinas, Suite D Carlsbad, CA 92008 SUBJECT: ZC 98-02/LCPA 98-01/CT 98-05/HDP 98-03/CDP 98-26/V 98-04 - DEJONG RESIDENTIAL SUBDIVISION The items requested from you earlier to make your zone change, local coastal program amendment, tentative tract map, hillside development permit, coastal development permit, and variance, application no. ZC 98-02, LCPA 98-01, CT 98-05, HDP 98-03, CDP 98-26, and V 98-04 complete have been received and reviewed by the Planning Department. It has been determined that the application is now complete for processing. Although the initial processing of your application may have already begun, the technical acceptance date is acknowledged by the date of this communication. Please note that although the application is now considered complete, there may be issues that could be discovered during project review and/or environmental review. Any issues should be resolved prior to scheduling the project for public hearing. In addition, the City may request, in the course of processing the application, that you clarify, amplify, correct, or otherwise, supplement the basic information required for the application. Please contact your staff planner, Don Neu, at (760) 438-1161, extension 4446, if you have any questions or wish to set up a meeting to discuss the application. Sincerely, \Mi$^^ MICHAEL JTHOLZMILLER Planning Director MJH:DN:mh c: Arie de Jong, 622 E. Mission Road, San Marcos, CA 92069 Gary Wayne Adrienne Landers, Team Leader Clyde Wickham, Project Engineer Bobbie Hoder t-File Copy Data Entry Planning Aide 2075 La Palmas Dr. • Carlsbad, CA 92009-1576 • (76O) 438-1161 • FAX (76O) 438-O894 ISSUES OF CONCERN No. ZC 98-02/LCPA 98-01/CT 98-05/HDP 98-03/CDP 98-26/V 98-04 - DeJong Subdivision Planning: 1. Please process with the Housing and Redevelopment Department your proposal to purchase credits in the Villa Loma Project to satisfy this project's inclusionary housing requirement. 2. Representatives of the U.S. Fish and Wildlife Service and the California Department of Fish and Game must be consulted concerning the conclusions of the Biological Assessment prepared for the project. Should offsite mitigation be required it is likely that the City will be out of acreage to utilize the local 4d permit process by the time this project has approved grading plans and a final map. 3. Please add the variance number (V 98-04) to the project plans. 4. On the project plans please revise references to the pedestrian trail to show it as a type 2 unpaved hiking trail with a decomposed granite surface. The sidewalk along the north side of Poinsettia Lane shall be improved as required by the City of Carlsbad Engineering Standards and must be shown on the Preliminary Landscape Plans. 5. The slope behind Lot 28 exceeds the 30 foot slope height of the original Hillside Development Ordinance which is still in affect in the Coastal Zone. In order to consider this modification to the development and design standards you must comply with Zoning Ordinance Section 21.95.070 (b). This includes providing a preliminary grading plan illustrating how the site would be developed with a strict adherence to the requirements of Zoning Ordinance Section 21.90.060. 6. Please revise the density calculations table of the constraints map to include land upon which other significant environmental features (southern maritime chaparral in the RLM area) is present. This is required by Zoning Ordinance Section 21.53.230 (b)(8). It must be confirmed that this will not cause the maximum permitted density to fall below the number of residential lots proposed. 7. The residential lot numbers of slope profiles "A-A" and "B-B" are incorrect and should be revised as noted on the redlined checkprint. 8. Please address in a letter where the proposed import is to be obtained from. Is this available in the immediate area as part of the Poinsettia Lane construction? This information is needed to prepare the environmental documents for the project. 9. Is the proposed pilaster to be stuccoed or constructed of tan slump block like the project wall. Please include a note on the plan. If it is to be slump block the pattern used must match the wall pattern on the plans. 10. On the project exhibits please plot the required R-1 Zone setbacks, fire suppression zone setbacks, and setbacks from the top of slope that are required in the new Hillside Development Ordinance for Lots 27 and 28 to confirm that adequate buildable area will remain for these two lots. 11. Approval from both the Fire Department and Engineering Department is needed for the proposed panhandle length. It is recommended that you discuss this issue with Mike Smith the City's Fire Marshal. 12. Enclosed are redlined checkprints of the project plans which contain additional comments. Please revise the project plans to include the comments on the checkprints. A total of twelve (1 2) sets of revised plans addressing all comments should be resubmitted along with the redlined checkprints. This is necessary so that other departments involved in the development process can review the plans and provide project conditions. fck Henthorn & Associates i 5575 Avenida Encinas, Suite D Carlsbad, CA 92008 (760) 438-4090 Fax (760) 438-0981 LETTER OF TRANSMITTAL To: DonNeu Of: City of Carlsbad Planning Department Phone: Fax: 438-1 161 From: Melissa K. Allen Date: 08/03/98 0 3 1SP Time: 4:00 PM RE: De Jong Property - TM Re-Submittal FORWARDED BY: HAND DELIVERY D U.S. MAIL D FAX D COURIER D PRINTER D PICK-UP Pages Description 1 Transmittal 2 Submittal Letter 1 Variance - Land Use Application w/Justification and Check for processing for $1,690 1 Poinsettia Lane Offsite Biological Impacts Analysis 2 Revised Hydrology Report by Hunsaker & Associates 3 Sets Revised TM 3 Sets Revised HDP/Constraints Map 3 Sets Revised Landscape Plan 4 Sets City Plancheck Comment plans from Engineering and Planning COMMENTS: Please call if you have any questions or need additional information. Thank you, Melissa Copies to: File John Klein, Hunsaker & Associates David Shibley, David R. Shibley & Associates ; Henthorn & Associat£ 5375 Avenida Encinas, Suite D Carlsbad, California 92008 Augusts, 1998 (760)438-4090 • . , . fax (760) 438-0981 . . RECEIVES Mr. Don Neu City of Carlsbad Planning Department AUS 0 3 1SS3 2075 Las Palmas Drive f^flTV flST <t* " * Carlsbad, CA 92009-1576 ' W B Y-Or G'A-lLf-'- PLANNIfcSG kii^fSubject: de Jong Property-TM Complete/Issue Items Re-submittal ° CT 98-05/ZC 98-02/LCPA 98-01/HDP 98-03/CDP 98-26 Dear Don: . ' '. Enclosed with this letter is a packet of material responding to the latest Planning and Engineering comment letters dated May 28 and June 8, 1998, respectively. We anticipate that the project will be deemed complete at this time. The following comments respond directly to the items as numbered in the City's letters. Planning — Completeness Item: 1. After discussions with City staff, it was determined that the City will process the project without the requirement to file a General Plan Amendment (GPA) over the open space area, concurrent with the TM processing. It is understood, however, that the applicant may be conditioned to sign a waiver agreeing not to oppose the City processing a GPA at a later time to designate Lot 29, the native open space area, as Open Space. Lot 30 covers manufactured slopes for the construction of Poinsettia Lane which will be owned and maintained by the project's HOA. This area does not necessitate the open space general plan designation. 2. The Hydrology Study by Hunsaker & Associates was revised on 7/30/98 to further analyze peak discharges, storm drain pipe sizing, peak velocity, and recommendations for improvements to mitigate any impacts (see enclosed report). This analysis determined that a detention/retention basin is not needed to comply with the provisions of the Mello II Segment of the Local Coastal Program. The precise design, of the erosion mitigating structures will be provided concurrent with final design of the project. The gabion check dams will be designed to mitigate potential erosion in the canyon by maintaining a maximum velocity of 7.5 feet per second. Planning - Issues: 1. The offsite credit purchase request has been filed with the Housing and Redevelopment Department. They will begin processing the project through the housing boards and commissions, as soon as the project applications are deemed complete by the Planning Department. 2. The constrained lands table was not revised due to the outcome of discussions pursuant to Item #1, above, related to project density determinations. 3. Lot 22 was revised to comply with the minimum lot depth of 90 feet, pursuant to the Subdivision Ordinance. 4. A Variance application is submitted herein for the panhandle lots (Lots 27 & 28) to comply with the standards of the R-l Zone regarding the length of the access portion of the lot. • 5. There are not any additional offsite improvements required at this time. Any items identified by the routing to CMWD that have not already been addressed will be incorporated into future versions of the plan or addressed by project conditions. 6.. The Assessor's parcel number was recently changed from 215-080-92 to 215-080-31 as 92 was assigned in error. We have changed the reference on the TM cover sheet. 7. a. The slope height south of lot 28 does not exceed the new Hillside Ordinance standards (that were approved prior to this project being .deemed complete) which allow for 40-foot slopes. The modified Ordinance is still under review by the Coastal Commission. , b. The dimensions were revised on sheet 2 of the TM plans as referenced. 8. a. The side yard condition/drainage detail on sheet 1 of the TM was modified to reflect a 3-foot minimum separation between a side yard retaining wall and a fence located on the adjacent side property line, thus ensuring compliance with maximum fence height limitations, b. Revisions were made as noted. -1- c. General Design Note #17 was added to define Lot 29 as an open space lot, proposed by the recordation of an irrevocable offer of dedication (IOD) to the City or other agency and an open space easement, as well as, defining the associated ownership and maintenance responsibilities. Note #18 addresses open space Lot 30. 9. See Item 2 referenced above. The detention/desiltation basin identified in the Zone 20 Specific Plan was found to not be necessary in the analysis performed for the revised hydrology study by Hunsaker & Associates. 10. The lot numbers were added to the key map of the Hillside Development Permit/Constraints Map and the TM. Pursuant to Item #1 referenced above, the density calculations table was not amended to reflect a general plan open space designation on the open space lot at this time. 11. Pursuant to the discussion in Item #1, above, the constraints map was not revised to reflect a general plan open space designation at this time. 12. Consultation with the wildlife agencies will take place based on the environmental impacts associated with the construction of Poinsettia Lane on and offsite. 13. The following revisions were made to the conceptual landscape plans: a. The wall detail was revised to show the proposed slump block design with a pilaster detail as designated. The wall does not exceed 6 feet. b. A detail of the wood fence was added. c. The wall heights were revised to not exceed-42 inches within the 20-foot front yard setbacks on Lots 22 & 23. d. The project application numbers were added as specified. e. The location of the project wall was designated on sheet L2 and the sidewalk was removed from the detail. 14. The Planning and Engineering Department's redlined checkprints are included with this submittal package and the enclosed plans were revised accordingly. Three sets of the revised plans are included herein. Engineering— Issues: . 1. The proposed improvements to Poinsettia Lane are clarified on the plans. The project proposes full width grading, full improvements on the north 'A of Poinsettia Lane (onsite), improvements to the median, and one 18-foot lane on the south side of Poinsettia Lane (offsite) to be constructed with reimbursements. 2. Median improvements to Poinsettia Lane are shown on the Major Arterial cross-sections. 3. The connections to existing improvements are shown. Dwg 341-5 for Aviara Phase III is shown, the end treatment barricade is referenced and removal identified, as well as, the proposed matching of existing pavement. 4. A Reimbursement agreement for improvements to Poinsettia Ln. will be provided for staff review prior to hearing. 5. The two 20' easements for drainage into open space lot 29 were extended to include the proposed check dam systems in both locations. 6. The sump drainage condition at lot 26 is accommodated based on overflows draining north on Black Rail road, down the panhandles east, to the low point in the SDGE easement. Lots 1 1 & 12 overflow provisions are accommodated by the positive overflow condition at the low point that flows through the storm drain easement, out to the SDGE easement. 7. A desiltation/detention basin is not required pursuant to the revised hydrology report. See Item #2, above. '. 8. Black Rail Rd will serve nearby properties with existing agricultural operations. No other farm accesses are required. 9. A variance application is submitted with this package to respond to the panhandle lengths for lots 27 and 28. 10. Open space ownership arid maintenance responsibilities are designated on the TM, General Design Notes and on the Landscape Plans. A maintenance condition will be included in the project CC&R's. If you have any questions or need additional information, please do not hesitate to call, as we anticipate taking this project to hearing in the near future. Thank you. Sincerely, Melissa K. Allen ' . . encl. cc: File , Clyde Wickham, City of Carlsbad, Engineering Department Arie de Jong, Arie de Jong, JR. Family Trust Dave Shibley, David R. Shibley & Associates John Klein, Hunsaker & Associates - -2- ^/>^V^7 City of Carlsbad Planning Department DATE:June 2, 1998 TIME SENT: TO: Melissa Allen COMPANY: Jack Henthorn & Associates PHONE #: 438-4090 FAX#:438-0981 Number of Pages Being Transmitted (Including Cover Sheet): 5 FROM: Don Neu DEPT.: PLANNING PHONE: (760) 438-1161 ext. 4446 FAX: (760) 438-0894 SPECIAL INSTRUCTIONS: Transmitted is a copy of the incomplete/issues letter for the Dejong Project. The redlined checkprints for the Planning Department are at the front counter for you to pick up when convenient. The Engineering Department comments are not yet available. I [ Return Fax 2075 Las Palmas Drive Carlsbad, California 92009-1576 (760)438-1161 <5 ity of Carlsbad Planning Department May 28, 1998 Arie de Jong 622 E. Mission Road San Marcos, CA 92069 SUBJECT: ZC 98-02/LCPA 98-01/CT 98-05/HDP 98-03/CDP 98-26 PROPERTY DE JONG All of the items requested of you earlier have not been received and therefore your application is still deemed incomplete. Listed below are the item(s) still needed in order to deem your application as complete. This list of items must be submitted directly to your staff planner by appointment. All list items must be submitted simultaneously and a copy of this list must be included with your submittals. No processing of your application can occur until the application is determined to be complete. When all required materials are submitted the City has 30 days to make a determination of completeness. If the application is determined to be complete, processing for a decision on the application will be initiated. In addition, please note that you have six months from the date the application was initially filed, February 13, 1998, to either resubmit the application or submit the required information. Failure to resubmit the application or to submit the materials necessary to determine your application complete shall be deemed to constitute withdrawal of the application. If an application is withdrawn or deemed withdrawn, a new application must be submitted. Please contact your staff planner, Don Neu, at (760) 438-1161, extension 4446, if you have any questions or wish to set up a meeting to discuss the application. Sincerely, MICHAEL J. HOLZMILLER Planning Director MJH: DN:kc Gary Wayne Adrienne Landers Clyde Wickham Bobbie Hoder File Copy Data Entry Planning Aide 2O75 La Palmas Dr. • Carlsbad, CA 92009-1576 - (76O) 438-1 161 • FAX (76O) 438-O894 LIST OF ITEMS NEEDED TO COMPLETE THE APPLICATION No. ZC 98-02/LCPA 98-017 CT 98-05/HDP 98-03/CDP 98-26 Planning: 1. The project requires the submittal of a General Plan Amendment application to change proposed lots 29 and 30 to Open Space. Lot 29 is constrained and not developable. The proposed zone change/local coastal program exhibit must be revised to be consistent with the General" Plan Amendment exhibit. This incomplete item was listed in the original incomplete letter. This portion of the site does not appear to be eligible for approval as a mitigation bank site as the biology report for the project determined that the area needs to be preserved to mitigate the project's impacts and the land is constrained necessitating a General Plan Open Space designation. 2. The required hydrology study to determine if a detention/retention basin is needed to comply with the provisions of the Mello II Segment of the Local Coastal Program must be done at this time so that the basin can be included in the project design and it's environmental impacts evaluated. This is also an item which was included in the previous incomplete application letter. ISSUES OF CONCERN Planning: 1. The Housing and Redevelopment Department staff must be consulted regarding the proposal to purchase credits in the Villa Loma Project to satisfy this project's inclusionary housing requirement. Please contact that department to start the process for the credit purchase to be considered. 2. The constrained lands table on the tentative map must be revised to reflect calculations with lots 29 and 30 designated as open space. 3. Lot 22 still does not comply with the minimum lot depth of 90 required by the Subdivision Ordinance. 4. No revision was made to the proposed panhandle lots (Lots 27 & 28). These lots still do not comply with the requirements listed in the R-1 Zone. Please redesign these lots to comply with the requirements of the zoning ordinance. Potential options for these lots would be to propose a variance to the R-1 standards that the design does not meet or process the project as a Planned Unit Development and comply with the standards of that ordinance. 5. The Engineering Department needs to determine the extent of any offsite improvements required for the project so that the environmental review can evaluate their impact. 6. On sheet one of the tentative map change the assessor parcel number to 215-080- 92 as requested on the first plancheck. 7. On sheet two of the tentative map the following revisions are required: a. The slope height south of lot 28 exceeds the maximum slope height of 30 feet. b. Dimensioned noted on the map do not correctly scale out on lots 23, 24 and 25. Please revise the dimensions and the lot areas as necessary. if, 8. On sheet three of the tentative map the following revisions are required: a. Several of the proposed side yard retaining walls need to be eliminated so that when sideyard fences are installed they will be in compliance with Planning Department Administrative Policy Number 21 regarding fence/wall heights. b. Revisions need to be made to the dimensions and areas noted on lots 1,2 , 3 and 16. c. Add notes to the open space lots concerning the requirement for an open space easement. 9. See sheet 5 of the tentative map concerning the detention/desiltation basin site location identified on exhibit 12 of the Zone 20 Specific Plan. 10. On sheet 1 of the Hillside Development Permit/Constraints map please include the lot numbers on the index map and revise the density calculations table to reflect a general plan open space designation on lots 29 and 30. 11. Please revise all the constraints maps to show a general plan open space designation on lots 29 and 30. 12. Representatives of the U.S. Fish and Wildlife Service and the California Department of Fish and Game must be consulted concerning the conclusions of the Biological Assessment prepared for the project. Should offsite mitigation be necessary it is likely that the City will be out of acreage to utilize the local 4d permit process by the time this project has approved grading plans and a final map. 13. On the conceptual landscape plan the following revisions are required: a. The wall detail should be revised to show the proposed slump block design. The proposed detail looks like a stucco wall. A pilaster detail should be added to the plan. Pilasters should be located at property lines and/or at grade changes. The maximum pilaster height permitted is 6 feet. The main wall section should be reduced in height to provide some vertical contrast with the pilasters. b. Include a detail of the wood fence to be used in the project so that a uniform fence plan is approved along with the project. c. Revise the fence locations or height on lots 22 and 23 so that it does not exceed 42 inches within the front yard setback. d. Include the project application numbers in the upper right hand corner of the project plans. e. On sheet L2 use a symbol on the plans to show the location of the project wall and remove the sidewalk from the detail which is shown adjacent to Poinsettia Lane. if 14. Enclosed are redlined checkprints of the project plans which contain additional comments. Please revise the project plans to include the comments on the checkprints. A total of three sets of revised plans addressing all comments should be resubmitted along with the redlined checkprints. Engineering: 1. Engineering Department comments will be provided in separate correspondence as they are not presently available. City of Carlsbad Planning Department May 28, 1998 Arie de Jong 622 E. Mission Road San Marcos, CA 92069 SUBJECT: ZC 98-02/LCPA 98-01/CT 98-05/HDP 98-03/CDP 98-26 - DE JONG PROPERTY All of the items requested of you earlier have not been received and therefore your application is still deemed incomplete. Listed below are the item(s) still needed in order to deem your application as complete. This list of items must be submitted directly to your staff planner by appointment. All list items must be submitted simultaneously and a copy of this list must be included with your submittals. No processing of your application can occur until the application is determined to be complete. When all required materials are submitted the City has 30 days to make a determination of completeness. If the application is determined to be complete, processing for a decision on the application will be initiated. In addition, please note that you have six months from the date the application was initially filed, February 13, 1998, to either resubmit the application or submit the required information. Failure to resubmit the application or to submit the materials necessary to determine your application complete shall be deemed to constitute withdrawal of the application. If an application is withdrawn or deemed withdrawn, a new application must be submitted. Please contact your staff planner, Don Neu, at (760) 438-1161, extension 4446, if you have any questions or wish to set up a meeting to discuss the application. Sincerely, MICHAEL J. HOLZMILLER Planning Director MJH: DN:kc Gary Wayne Adrienne Landers Clyde Wickham Bobbie Hoder File Copy Data Entry Planning Aide 2075 La Palmas Dr. • Carlsbad, CA 92009-1576 • (76O) 438-1161 • FAX (760) 438-O894 LIST OF ITEMS NEEDED TO COMPLETE THE APPLICATION No. ZC 98-02/LCPA 98-01 / CT 98-05/HDP 98-03/CDP 98-26 Planning: 1. The project requires the submittal of a General Plan Amendment application to change proposed lots 29 and 30 to Open Space. Lot 29 is constrained and not developable. The proposed zone change/local coastal program exhibit must be revised to be consistent with the General Plan Amendment exhibit. This incomplete item was listed in the original incomplete letter. This portion of the site does not appear to be eligible for approval as a mitigation bank site as the biology report for the project determined that the area needs to be preserved to mitigate the project's impacts and the land is constrained necessitating a General Plan Open Space designation. 2. The required hydrology study to determine if a detention/retention basin is needed to comply with the provisions of the Mello II Segment of the Local Coastal Program must be done at this time so that the basin can be included in the project design and it's environmental impacts evaluated. This is also an item which was included in the previous incomplete application letter. ISSUES OF CONCERN Planning: 1. The Housing and Redevelopment Department staff must be consulted regarding the proposal to purchase credits in the Villa Loma Project to satisfy this project's inclusionary housing requirement. Please contact that department to start the process for the credit purchase to be considered. 2. The constrained lands table on the tentative map must be revised to reflect calculations with lots 29 and 30 designated as open space. 3. Lot 22 still does not comply with the minimum lot depth of 90 required by the Subdivision Ordinance. 4. No revision was made to the proposed panhandle lots (Lots 27 & 28). These lots still do not comply with the requirements listed in the R-1 Zone. Please redesign these lots to comply with the requirements of the zoning ordinance. Potential options for these lots would be to propose a variance to the R-1 standards that the design does not meet or process the project as a Planned Unit Development and comply with the standards of that ordinance. 5. The Engineering Department needs to determine the extent of any offsite improvements required for the project so that the environmental review can evaluate their impact. 6. On sheet one of the tentative map change the assessor parcel number to 215-080- 92 as requested on the first plancheck. 7. On sheet two of the tentative map the following revisions are required: a. The slope height south of lot 28 exceeds the maximum slope height of 30 feet. b. Dimensioned noted on the map do not correctly scale out on lots 23, 24 and 25. Please revise the dimensions and the lot areas as necessary. 8. On sheet three of the tentative map the following revisions are required: a. Several of the proposed side yard retaining walls need to be eliminated so that when sideyard fences are installed they will be in compliance with Planning Department Administrative Policy Number 21 regarding fence/wall heights. b. Revisions need to be made to the dimensions and areas noted on lots 1,2 , 3 and 16. c. Add notes to the open space lots concerning the requirement for an open space easement. 9. See sheet 5 of the tentative map concerning the detention/desiltation basin site location identified on exhibit 12 of the Zone 20 Specific Plan. 10. On sheet 1 of the Hillside Development Permit/Constraints map please include the lot numbers on the index map and revise the density calculations table to reflect a general plan open space designation on lots 29 and 30. 11. Please revise all the constraints maps to show a general plan open space designation on lots 29 and 30. 12. Representatives of the U.S. Fish and Wildlife Service and the California Department of Fish and Game must be consulted concerning the conclusions of the Biological Assessment prepared for the project. Should offsite mitigation be necessary it is likely that the City will be out of acreage to utilize the local 4d permit process by the time this project has approved grading plans and a final map. 13. On the conceptual landscape plan the following revisions are required: a. The wall detail should be revised to show the proposed slump block design. The proposed detail looks like a stucco wall. A pilaster detail should be added to the plan. Pilasters should be located at property lines and/or at grade changes. The maximum pilaster height permitted is 6 feet. The main wall section should be reduced in height to provide some vertical contrast with the pilasters. b. Include a detail of the wood fence to be used in the project so that a uniform fence plan is approved along with the project. c. Revise the fence locations or height on lots 22 and 23 so that it does not exceed 42 inches within the front yard setback. d. Include the project application numbers in the upper right hand corner of the project plans. e. On sheet L2 use a symbol on the plans to show the location of the project wall and remove the sidewalk from the detail which is shown adjacent to Poinsettia Lane. 14. Enclosed are redlined checkprints of the project plans which contain additional comments. Please revise the project plans to include the comments on the checkprints. A total of three sets of revised plans addressing all comments should be resubmitted along with the redlined checkprints. Engineering: 1. Engineering Department comments will be provided in separate correspondence as they are not presently available. Agriculture (Fallow. Active Re*J. «nd G/e«Wxju*«) DiaturOed SAfC Soo*«nf Mix CS5 Coastal B«ae ScnA DCS Oiitu'taa Coaital &ag« Scrub i:: ••••• vj • • ., DRS Disturtsed Riparian Scruh f ••.•• •'•'•'! Recommended Revegetation Areas ClO Coast UM Oak Woodand Recommended 60- Setback 25** Greater Slope .Cobblestone SeaVillage Access Road £i/c Eucalyptus Stcl Ashy Spikw-Mosa California Gnatcatcfiar Co/I Sand Astar Orange-throated Whiptail nr> htorttvem Harrier Potential Wildlife Culverts T Ashy Spik»-M»« & Western Dickon*. 2) Wart-St»mm«d Coanottxja. Engeimann Oa* a Engeimann Oak. Wart-Stemrrwd Caanothua. Summer Holry t Orange- Throated WhiptailDPS CSS ; obs 4J Summer'HoHy a Wart-Stemmed Ceanotfioa 5) Summer Holry. Aahy Spik«-«AxM a Sand Astar 6) Summer HoHy a Engeimann Oak Agr SM Alternative 'A SDG&E Easement (Part of Specific Plan Open Space) arlsbad Zone 20 bricin F planning, design & environmental studies City of Carlsbad Planning Department March 13, 1998 Arie de Jong, Jr. 622 E. Mission Road, San Marcos, CA 92069 SUBJECT: LCPA 98-01/ZC 98-02/CT 98-05/HDP 98-03/CDP 98-26 - de Jong Property Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Department has reviewed your Local Coastal Program Amendment, Zone Change, Tentative Tract Map, Hillside Development Permit, and Coastal Development Permit, application no. LCPA 98-01/ZC 98-027 CT 98-05/HDP 98-03/CDP 98-26, as to its completeness for processing. The application is incomplete, as submitted. Attached are two lists. The first list is information which must be submitted to complete your application. This list of items must be submitted directly to your staff planner by appointment. All list items must be submitted simultaneously and a copy of this list must be included with your submittals. No processing of your application can occur until the application is determined to be complete. The second list is issues of concern to staff. When all required materials are submitted the City has 30 days to make a determination of completeness. If the application is determined to be complete, processing for a decision on the application will be initiated. In addition, please note that you have six months from the date the application was initially filed, February 13, 1998, to either resubmit the application or submit the required information. Failure to resubmit the application or to submit the materials necessary to determine your application complete shall be deemed to constitute withdrawal of the application. If an application is withdrawn or deemed withdrawn, a new application must be submitted. Please contact your staff planner, Don Neu, at (760) 438-1161, extension 4446, if you have any questions or wish to set up a meeting to discuss the application. Sincerely, MICHAEL J. HOLZMILLER Planning Director MJH:DN:mh c: Gary Wayne File Copy Adrienne Landers Data Entry Clyde Wickham Planning Aide Bobbie Hoder Jack Henthorn, Jack Henthorn & Associates 2O75 Las Palmas Dr. • Carlsbad, CA 92OO9-1576 - (76O) 438-1161 • FAX (760) 438-O894 LIST OF ITEMS NEEDED TO COMPLETE THE APPLICATION No.1_CPA 98-01/ZC 98-02/CT 98-05/HDP 98-03/CDP 98-26 Planning: 1. All project plans are required to be prepared at a scale no smaller than 1" = 40'. Please revise all drawings to comply with the scale requirement. While it is beneficial to have the project design fit on one sheet additional sheets should be added to the plan set which are drawn at the required scale. 2. The project requires the submittal of a General Plan Amendment application to change the areas of the site which will be preserved as General Plan Open Space. 3. Provide the approximate location of existing and proposed buildings and permanent structures. 4. Provide the location of all major vegetation, showing size and type. 5. Setback dimensions for the required front, rear and side yard setbacks for all structures are required. 6. The total coverage for lots with proposed structures must be provided. 7. Show on the project plans the location and approximate size of any proposed detention/retention basins required to comply with provisions of the Mello II Segment of the Local Coastal Program. 8. On the preliminary landscape plan please list the quantity of each plant species proposed to be used for the project. 9. List on the preliminary landscape plan the percentage of the site used for landscaping. 10. Building elevations and floor plans must be provided that include items 1 through 5 listed in Section I. C. of the Tentative Tract Map Application Requirements list. Without this information compliance with the Hillside Ordinance, Zone 20 Specific Plan, and the Coastal Implementing Ordinances cannot be determined. 11. On the constraints map plot the biological habitats shown on Figure 3 of the Dudek and Associates Biological Report. This will assist in determing whether any dual criteria slopes are proposed to be impacted. Please calculate the area in square feet for any dual criteria areas to be impacted. Area calculations should be provided for each individual impact area. 12. On the project plans please provide a calculation of the grading volume on each individual cut and fill area. 13. A reproducible map at 1:500 showing the subject property and the requested Coastal Plan Designation with the acreage involved and surrounding designations and land uses is required. 14. A report documenting the required cultural resource testing program for the portion of SDI - 6819 on the project site is required by the adopted mitigation measures of the Zone 20 Program Environmental Impact Report. 15. Pursuant to page 48 of the Zone 20 Specific Plan the project cannot be deemed complete until it is demonstrated how the inclusionary housing requirements will be met. Engineering: 1. The Tentative Tract Map must be prepared at a reasonable scale to enable a complete review. Ideally a 1" = 40' scale works best. The plan, when approved is also the same scale as grading or improvement plan and works well for checking compliance issues. 2. Please submit the horizontal and vertical alignment information for all streets, existing and proposed. Provide a separate profile plan for all streets with grades in excess of 7%. 3. Please indicate all easements and encumbrances, with the recordation number and date, in accordance with the preliminary title report. Indicate the future disposition of these easements either in plan view adjacent to the easement information, or as a note or easement disposition chart. Note that typically, SDG&E easements require a joint use agreement. 4. The grading violation from 1991 should have some kind of resolution. If there is a note in the easement & title notes would be appropriate. ISSUES OF CONCERN Planning: 1. Please add the assigned application numbers to the project plans in the upper right hand corner. 2. The proposed zone change should be revised to include open space zoning over all property which is to be preserved. In addition, the Q-Overlay will be placed on the R-1 zoning to satisfy coastal staff requirements anticipated to be placed on the LCPA application which were similar on the adjacent Oceanbluff project. This should prevent the processing of a subsequent zone change to comply with a Coastal Commission suggested modification. 3. A General Plan Amendment application is required to include open space zoning over all areas to be preserved as part of the project. This results in the need to revise the constrained lands table which will affect the total number of units potentially attainable for the site. 4. The project is subject to the agricultural conversion requirements of the Mello II Segment of the Local Coastal Program. Please indicate which conversion option this project proposes to utilize. 5. Lots 22 and 23 do not comply with the minimum lot depth requirement of 90 feet pursuant to the Subdivision Ordinance. Please redesign to comply with this requirement. 6. The proposed panhandle lots (Lots 28 & 29) do not comply with the requirements listed in the R-1 Zone. Please redesign these lots to comply with the zoning ordinance requirements. Also be advised pursuant to Zoning Ordinance Section 21.10.080 (3) (b) that panhandle lots require City Council approval. 7. Exhibit 10 of the Zone 20 Specific Plan requires that a trail be constructed along the western and southern boundaries of the project site. Please revise the project plans to accommodate this requirement. 8. The project plans show proposed fire suppression zones. The Carlsbad Fire Department will need to review the location of the proposed zones and provide input into the appropriateness of the proposed locations. 9. On page 144 section 6.a. of the Zone 20 Specific Plan an average 50 foot setback from Poinsettia Lane is required to be provided concurrent with development. This setback shall be landscaped and have separated pedestrian and bicycle trails where topography permits. Please provide a detail of the proposed trails, demonstrate how the required 50 foot average setback is provided, and show a detail of how the separated trails transition where topography makes them infeasible. 10. It must be determined by the Engineering Department the extent of any offsite improvements required for the project so that the environmental review can evaluate their impact. 11. Lots 9 and 14 do not measure 60 feet in width at the 20 foot setback line as required by the Zoning Ordinance. 12. Enclosed are redlined checkprints of the project plans which contain additional comments. Please revise the project plans to include the comments on the checkprints. A total of three sets of revised plans addressing all comments should be resubmitted along with the redlined checkprints. Engineering: Traffic and Circulation: 1. Please indicate Corner Sight Distance (sight lines), in accordance with CalTrans criteria, for both directions at the proposed entrance to this project. After review of the preliminary comments (97-74) it appears that issues with the project access will need to be shown. If all preceding projects did not proceed how would this subdivision gain access and utilities. Ideally we try to achieve a stand alone design or address specific Offsite requirements to allow development to proceed at an independent pace. Sewer: Please indicate sewer laterals from the proposed lots to public sewer facilities. Show or note that sewer clean outs and laterals are not located in driveways. Show water laterals and meter locations similar to sewer services with the same restrictions. This can be done with a typical lot grading, drainage and utility plan. Please show sewer and water mains and the proposed depth in accordance with current standards. It appears that an offsite sewer system is proposed, please show the entire concept or project design. Water: Please show the complete water system including Offsite looped or connecting systems. Contact CMWD for design details and specifics. Drainage: The proposed outlet at Poinsettia will need downstream study for erosion and sedimentation protection. Downstream erosion and sensitive habitat could be an issue. Consider the present and developed increase in run off, try to mitigate any impacts. From previous correspondence this area is sensitive if not prohibited by endangered habitat. Attached is a red-lined check print of the proposed project for the applicants use in making the requested revisions. This check print must be returned with the project revisions to facilitate continued staff review.