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HomeMy WebLinkAbout1996-01-17; Planning Commission; ; CT 95-03|SDP 95-06|HDP 95-06 - EMERALD RIDGE WEST• The Wy ol l:arlsbad Planing llepartet • 'bQ A REPORT TO THE PIANNING COMMISSION ii31 ltell!No.: @ Application complete date: September 19, 1995 P.C. AGENDA OF: JANUARY 17, 1996 , .. ,{ .. ~ Project Planner: Jeff Gibson Project Engineer: Mike Shirey SUBJECT: '.• CT 95-03/SDP 95-06/HDP 95-06 -EMERALD RIDGE WEST -Request for recommendation of approval for a Mitigated Negative Declaration and the accompanying Mitigation Monitoring and Reporting Program, Tentative Map, Site Development Plan, and Hillside Development Permit, to: (1) subdivide the property into 61 single-family lots and 1 open space lot; (2) create a 27.4 acre remainder parcel; (3) provide 9 future second-dwelling units; and (4) deed restrict 1 three-bedroom home as affordable to lower income households or purchase one Affordable Housing Credit in Vina Loma; all on property generally located east of Paseo del Norte, north of Camino de las Ondas, and south of Palomar Airport Road, within Specific Plan 203 and Local Facilities Management Zone 20. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 3879 RECOMMENDING APPROVAL of the Mitigated Negative Declaration issued by the Planning Director, and ADOPT Planning Commission Resolutions No. 3880, 3881, and 3882 RECOMMENDING APPROVAL of CT 95-03, SDP 95-06, and HDP 95-06, based on the findings and subject to the conditions contained therein. II. INTRODUCTION The developer proposes to subdivide the 56.3 acre parcel into 61 single-family lots with a 27.4 acre remainder parcel, and provide 9 second dwelling units to satisfy inclusionary housing requirements. Architectural elevations and floor plans are provided for the second dwelling units and the project is consistent with all City codes, policies, and ordinances as well as Specific Plan 203. To comply with all the requirements of the Inclusionary Housing Ordinance, including the three-bedroom requirement, the developer has been conditioned to deed restrict one of the future three-bedroom homes as affordable to lower income households, or purchase 1 Affordable Housing Credit in Villa Loma in compliance with City Council Policy No. 57 and 58, and final approval by the City Council. III. PROJECT DESCRIPTION AND BACKGROUND The 56.3 acre parcel is located within the Coastal Zone, Specific Plan 203, and has Residential Medium (RM) and Open Space (OS) General Plan Land Use designations. The CT 95-03/SDP 95-06/H.95-06 -EMERALD RIDGE WES, JANUARY 17, 1996 PAGE2 proposed project would include the following major features: 1. A residential subdivision into sixty-one (61) single-family lots with a 27.4 acre remainder parcel, and one 8.3 acre open space lot, and; 2. The designation of 9 lots for future second-dwelling units and the deed restriction on one three-bedroom home to satisfy the City's inclusionary housing requirements. The second-dwelling units would have exterior access, be incorporated into the second-story of the primary home, and utilize a portion of the three-car garage for parking. The zoning for the entire 56.3 acre MSP California LLC parcel was recently recommended for a change from Residential Density Multiple with the Qualified Development Overlay Zone (RDM-Q) to the One-Family Residential with the Qualified Development Overlay Zone (R-1-7500-Q). The Planning Commission reviewed and recommended approval of the zone change (ZC 94-04) on January 3, 1996, as part the neighboring Mar Vista project to the west. The City Council has not taken final action on ZC 94-04, therefore, the approval of Emerald Ridge West/CT 95-03 would be conditionally recommended for approval by the Planning Commission, subject to the final approval of ZC 94-04 by the City Council. The major project improvements would include the following: 1. The construction of local public streets, curbs, gutters, sidewalks and drainage facilities necessary to service the new lots; 2. A sewer line that connects from the property, through the Mar Vista site to the west and, then north to an existing sewer line located along Encinas Creek and Palomar Airport Road; 3. The construction of a local public street named Calle Serena (Cherry Blossom Road) from Hidden Valley Road west to the project site. Currently the western half of the property is being used for agricultural purposes. It is also surrounded by open space to the east and north, Poinsettia Community Park to the south, and similar residentially designated (RM) property (Mar Vista) to the west. The majority of the site contains very gently sloping topography that rises from west to east. The eastern half of the property consists of a finger canyon which continues north and connects with Canyon de las Encinas. The flat buildable areas within the western half of the property are rimmed by steep slopes along the. east and north. Topographic elevations on the site range from approximately 70 feet in the canyon floor to 190 feet above mean sea level on the gently sloping mesa. The following vegetation types are present on the property: 1. Ruderal/agriculture on the gently sloping mesa; CT 95-03/SDP 95-06/H. 95-06 -EMERALD RIDGE WES' JANUARY 17, 1996 PAGE3 2. Pampas grass, diegan coastal sage scrub, and southern mixed chaparral along the steeper slopes surrounding the mesa to the north and east; 3. Riparian southern willow scrub, and baccharis/mule fat in the bottom of the eastern finger canyon. Vehicular access to the site would be provided by future Calle Serena ( also referred to as Cherry Blossom Road) which connects to Hidden Valley Road. Hidden Valley Road is east of the property and intersects with Camino de las Ondas to the south and Palomar Airport Road to the north. The project site is located within the boundaries of Specific Plan 203 which covers the 640 acre Zone 20 Planning Area. Specific Plan 203 was approved by the Planning Commission and City Council in 1993. The specific plan provides a framework for the development of the vacant properties within Zone 20 to ensure the logical and efficient provision of public facilities and community amenities for the future residents of the planning area. The proposed project is subject to the following adopted land use plans and regulations: A. General Plan with RM and OS Land Use Designations; B. Specific Plan 203; C. Carlsbad Municipal Code, Title 21 (Zoning Ordinance), including; 1. Chapter 21.10 One-family Residential Zone; 2. Chapter 21.06 Qualified Development Overlay Zone; 3. Chapter 21.85 Inclusionary Housing, and Chapter 21.53, Site Development Plan required for affordable housing project; 4. Chapter 21.95 Hillside Development Regulations. D. Mello II Segment of the Local Coastal Program (LCP); E. Carlsbad Municipal Code, Title 20 (Subdivision Ordinance); F. Habitat Management Plan: (in process); G. Growth Management Ordinance, (Local Facilities Management Plan Zone 20); H. Environmental Protection Procedures (Title 19) and the California Environmental Quality Act (CEQA). CT 95-03/SDP 95-06/H.95-06 -EMERALD RIDGE WES' JANUARY 17, 1996 PAGE4 IV. ANALYSIS Staff is recommending approval of this project for the reasons stated in the staff report. Consequently, this analysis section was developed by analyzing the project's consistency with the applicable plans, policies, regulations, and standards listed above and presented through the use of the following tables and text. A. CARLSBAD GENERAL PLAN The proposed project is consistent with the policies and programs of the General Plan. The table below indicates how the project complies with the Elements of the General Plan which are particularly relevant to this proposal. Land Use 1. Proposed residential density of 3.01 dus/net acre is below the GP designation of RM 4-8 dus/net acre and growth control point of 6 dus/net acre; Housing Provide a combination of second dwelling units, deed restriction of 1 three-bedroom home or the purchase of 1 Affordable Housing Credit in Villa Loma. Open Space 1. GP constrained lands are (steep slopes and riparian habitat) protected in 8.3 acre open space lot; 2. City Wide Trail Link No. 29 to be aligned along the top of the bluff and across the slope via an exiting dirt road to minimize California gnatcatcher, and coastal sage scrub impacts in the eastern finger canyon. Circulation Required roadway and intersection improvements, including Hidden Valley Road from Camino de las Ondas to Palomar Airport Road, are shown on the tentative map, or included as conditions of approval. Noise 1. Exterior traffic noise levels do not exceed 60 dBA CNEL; 2. Noise study required to evaluate interior noise levels as part of the future Site Development Plan for the homes; 3. Residential land use is conditionally compatible with land uses designated within the 60-65 dBA CNEL noise contours of the airport land use plan (CLUP). Park & Rec Proposed project is required to pay Park-in-lieu fees. Public Safety Proposed project is required to provide sidewalks, street lights, and fire hydrants, as shown on the tentative map, or included as conditions of a roval. CT 95-03/SDP 95-06/H. 95-06 -EMERALD RIDGE WES, JANUARY 17, 1996 PAGES B. SPECIFIC PLAN 203 The proposed project is consistent with the policies of Specific Plan 203. The table below indicates how the project complies with the relevant requirements of the specific plan: .. ······.·.·.·.·.·.·.:-:-:-:-:-:-:-:-:-:::::::::::.·•·······-. :: : : :: :1s111:::::::::::::1 ::J Land Use Compatibility Circulation Landscaping Building Elevations Affordable Housing Site Design Open space is provided along the eastern and northern slopes, proposed low density residential is compatible with future residential (RM) to the west, and there is a roadway (Cherry Blossom Rd.) between the residential building pads and Poinsettia Community Park to the south. See General Plan Discussion under Circulation. In addition, Hidden Valley Road would have pedestrian sidewalks and bike lanes. 70% of the lots have three (3) street trees in the front yard, and 30% of the lots have one (1) tree. All manufactured slopes have landscaping to prevent erosion and to provide visual screening. The building elevations of future single-family homes would be reviewed by the Planning Commission under a Site Development Plan. Designate 9 second dwelling units, deed restrict 1 three-bedroom home or purchase 1 credit in Villa Loma per the offsite affordable housing provisions of Section IV.C.3.ii of SP 203 The layout of the subdivision does not impact steep slopes, the streets are curvilinear, and there are adequate buffer areas between the ro osed dwellin units and the o en s ace lot and Poinsettia Park. C. ZONING ORDINANCE 1. One-Family Residential Zone (R-1-7500): The developer is proposing to subdivide the property into single-family lots, therefore, the following table summarizes the project's compliance with the standards of the R-1-7500 Zone: Lot Size (Min.) Lot Width Second Dwelling Unit Size 7,500 Square Feet 60 Feet 640 Square Feet 7,570-19,201 SF 60-100 Feet 640 Square Feet CT 95-03/SDP 95-06/H. 95-06 -EMERALD RIDGE WES, JANUARY 17, 1996 PAGE6 Garage Size & 2nd Unit Parking Lot Coverage Building Height Panhandle Lot: Access Length - Combined Access Width - Buildable Area - Setbacks: Front - Street Side - Side - Rear - Two Car Garage -20'X 20' One Additional Space 40 Percent 30 Feet & Two-Story 150 Feet Max. 30 Feet Min. 8,000-10,000 SF 20 Feet 10 Feet 10% of Lot Width 20% of Lot Width j Two & Three-Car Garages To Be Determined with Future SDP To be Determined with Future SDP 120 Feet 30 Feet 8,635-9,836 SF To Be Determined with Future SDP The developer is also proposing Lots No. 28 and 29 as panhandle type lots. The two lots are justified based on the irregular configuration of the buildable area of the overall parcel. The buildable portion of the parcel is long and narrow and constrained with steep slopes to the north and east, and a property boundary to the west, resulting in developable land that cannot be served adequately with a public street. The panhandle lots are located along the perimeter of the site and between two cul-de-sac bulbs and would not adversely effect public street access to surrounding properties. The project has been appropriately conditioned to ensure that the panhandle lots comply with the access, parking, setback, and drainage provisions of the code. 2. Qualified Development Overlay Zone: The property contains the Q-Overlay Zone. At this point in time the developer is not planning to construct homes on the lots, therefore, the Q-Overlay Zone would require that a Site Development Plan (SDP) be approved by the Planning Commission prior to approval and issuance of building permits for the homes. The SDP would show the floor plans, placement of the homes on the lots, building height, and the architectural elevations of the homes. CT 95-03/SDP 95-06/H .. 95-06 -EMERALD RIDGE WES, JANUARY 17, 1996 PAGE? 3. Chapter 21.85 Inclusionary Housing, and Chapter 21.53, Site Development Plan: The project would have 61 single-family lots and an inclusionary housing requirement of 10.764 dwelling units which must be affordable to lower income households. In addition, 10 percent of those units, or 1 dwelling unit, must be a three-bedroom unit. The developer is proposing to satisfy the housing requirements by designating, onsite, 9 lots for future second-dwelling units. The second-dwelling units would have exterior access, be incorporated into the second-story of the primary home, and utilize a portion of the three-car garage for parking. Since the project also requires the provision of 1 three-bedroom unit which is infeasible to accomplish with second dwelling units, staff has conditioned the project to deed restrict one of the future three-bedroom homes as affordable to lower income households. In addition to this condition, the developer has been provided an option of providing 9 second dwelling units on-site and purchasing 1 Affordable Housing Credit in Villa Lorna. The offsite purchase of 1 credit in Villa Lorna is conditioned subject to compliance with City Council Policy No. 57 and 58, Specific Plan 203, and the final approval of the City Council as part of the project's Affordable Housing Agreement. The remaining .764 fraction of an inclusionary dwelling unit would be satisfied through the payment of a fee equal to the fraction (.764) times the average subsidy needed to make affordable to a lower-income household, one newly constructed typical housing unit. If at a future date it is determined to be infeasible to provide any of the affordable housing onsite, the developer has also requested a second option to satisfy the affordable housing requirements by either purchasing 10 credits in Villa Lorna or participating in an offsite combined affordable project. In the event of this option, the project has been conditioned to require future compliance with City Council Policies 57 and 58, and Specific Plan 203 prior to City Council approval of an Affordable Housing Agreement to allow the offsite option. The Carlsbad Municipal Code requires a Site Development Plan for any affordable housing project of any size. The Site Development Plan for this project indicates which lots would be designated and deed restricted for second-dwelling units. The plans also include prototypical preliminary floor plans and building elevations to illustrate the parking arrangement and how the second-dwelling units integrate into the primary homes. If, at a later date, the developer desires to build a different type of primary home/second-dwelling unit or change the designated lots, a Site Development Plan Amendment must be approved by the Planning Director. The project has been conditioned to require an Affordable Housing Agreement that would be submitted for review and approval by the City prior to final map approval. The Affordable Housing Agreement is a legally binding agreement between the developer and the City which provides the specific details regarding the phasing and implementation of the affordable housing requirements of this project. CT 95-03/SDP 95-06/H.95-06 -EMERALD RIDGE WES" JANUARY 17, 1996 PAGES 4. Hillside Development Regulations: The project site contains slopes of 15% or greater and an elevation differential greater than 15 feet, therefore, a Hillside Development Permit is required. The table below indicates how the project complies with the requirements of the Hillside Development Regulations: Slope Height Grading Volume Contour Grading Slope Screening Slope Setback Architecture Roadways 30 Feet 0-7,999 cubic yds/acre Variety of Slope Direction & Undulation Landscaping Not Quantified -15 Foot Recommended Roofline, Building Bulk & Scale Follow Contours 14 Feet Max. 6,493 cubic yds/acre Manufactured Slopes Follow the Edge of the Bluff Combination of Trees, Shrubs, & Ground Cover 30 -60 Feet To Be Determined with Future SDP Curvilinear Streets That Follow the Bluff Top D. MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM The project is located in the Mello II Segment of the Local Coastal Program (LCP) and complies with the plan as follows: 1. The project is located within the Coastal Resource Protection Overlay Zone and would connect to the gravity sewer system that has been proposed and designed to service the sewer basin in this area which includes a portion of the Costa Do Sol project, Poinsettia Community Park, and the Mar Vista project. Sewer Alignment "A" is the environmentally preferred alignment and would impact steep slopes with disturbed habitat. Due to the topographic constraints in the area, the District Engineer and the Coastal Commission staff have both recommended that Alternative "A" is the least environmentally damaging alternative. On January 3, 1996, as part of the Mar Vista project (CT 94-11), the Planning Commission approved Alternative "A" for the following reason: CT 95-03/SDP 95-06/H. 95-06 -EMERALD RIDGE WES, JANUARY 17, 1996 PAGE9 a. The Coastal Resource Protection Overlay Zone permits development and grading on slopes over 25% in order to provide utilities to service areas of the project site if there is a no less environmentally damaging alternative. The feasibility of Sewer Alignment "B" is questionable in terms of tunneling under Encinas Creek to minimize riparian impacts and the Coastal Commission supports Alignment "A". Primary access to the site via Calle Serena (Cherry Blossom Road) would impact .05 acres of steep slopes (25% slope or greater) that contain disturbed Coastal Sage Scrub habitat. Because this access is also the least environmentally damaging and provides primary access to flat developable areas of the site, the slope encroachment is permitted per the requirements of the Overlay Zone. The Planning Commission also reviewed and recommended approval of this access, as part of the Mar Vista Project. 2. The project will be conditioned to provide adequate drainage, siltation, and erosion control facilities as part of the approved grading permit. To avoid potentially damaging runoff into Encinas Creek during the rainy season, the grading operation would be limited to the summer construction season, April 1 to October 1. 3. The project contains vacant non-prime agricultural land containing Class III and IV soils and is located in the Coastal Agricultural Overlay Zone (Site II). The Mello II LCP requires mitigation when non-prime coastal agricultural land is converted to urban land uses. The project has been conditioned to comply with the LCP mitigation option provided when projects are located in Site II. This option requires the payment of an "Agricultural Conversion Mitigation Fee" to the California Coastal Conservancy. E. SUBDMSION ORDINANCE The proposed tentative map would comply with all the requirements of the City's Subdivision Ordinance, Title 20. Currently there are no public roads or intersections to serve the project site, therefore, the developer must extend public off-site street improvements to connect to the existing circulation network. Primary access to the property would be provided by future Calle Serena (Cherry Blossom Road) which connects to Hidden Valley Road. In order to comply with the City's cul-de-sac policy, the developer is also required to construct a second road connection for emergency access purposes to the driveway of Poinsettia Community Park to the south (as shown on Exhibit "C", dated January 17, 1996). The proposed project is required to provide sidewalks, street lights, and fire hydrants, as shown on the tentative map, or included as conditions of approval. The local streets have adequate public right-of-way and connect to Hidden Valley Road which is a non-loaded collector street. All the local, collector, and major streets within this area would be CT 95-03/SDP 95-06/H.95-06 -EMERALD RIDGE WES, JANUARY 17, 1996 PAGE 10 constructed to full public street width standards, and have curb, gutters, sidewalks, and underground utilities. The proposed street system is adequate to handle the project's pedestrian and vehicular traffic and accommodate emergency vehicles. To mitigate drainage impacts from the project site, the developer is required to provide adequate drainage, erosion control, and urban pollutant basins. The drainage requirements of Specific Plan 203, City ordinances, and Mello II have been considered and appropriate drainage facilities have been designed and secured. In addition to City Engineering Standards and compliance with the City's Master Drainage Plan, National Pollution Discharge Elimination System (NPDES) standards will be satisfied to prevent any discharge violations. To comply with Water Quality standards, City grading and erosion control requirements, and the requirements of the Mello II segment of the Local Coastal Program, the developer is required to install permanent and or temporary desiltation/retention basins at the downstream end of all proposed storm drain pipes. The subdivision will not conflict with easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision. The project has been designed and structured such that there are no conflicts with any established easements. In addition, the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). F. HABITAT MANAGEMENT PLAN: (IN PROCESS) Future Calle Serena (Cherry Blossom Road), which would lead from Hidden Valley Road to the project site, would impact approximately 0.05 acres of disturbed coastal sage scrub habitat (CSS), and grading for the residential building pads would impact 0.07 acres of CSS. The impacted CSS habitat area is small in size, linear in shape, partially disturbed and located along the edge of larger habitat areas, thus the significance of the impact is reduced. Because the CSS habitat is regarded as disturbed or located along the edges and the remaining high quality CSS habitat in this area would be preserved, the project is conditioned to mitigate the 0.12 acre CSS impact by acquiring, for preservation, comparable quality habitat. The developer is proposing to mitigate this impact by purchasing, for preservation, .19 acres of Coastal Sage Scrub habitat within the high quality, coastal sage scrub area found in the Carlsbad Highlands mitigation bank (subject to the approval of the U.S. Fish and Wildlife Service, the California Department of Fish, and the City of Carlsbad). The construction of Calle Serena (Cherry Blossom Road) in this area is the least environmentally damaging access alternative. · It provides primary access to an othetwise landlocked area that is surrounded by steep slopes and high quality CSS. The .07 acre impact within the 60 foot buffer area is small and linear in size and shape and will not adversely effect the larger habitat area to be preserved in permanent open space (Lot 62). The project would result in the loss of 0.12 acres of disturbed CSS habitat, therefore, prior to the issuance of a grading permit, the City will have to authorize this project to draw from CT 95-03/SDP 95-06/H.95-06 -EMERALD RIDGE WES, JANUARY 17, 1996 PAGE 11 the City's 165.70 acre (5%) CSS interim take allowance. The take of 0.12 acres of CSS habitat from the MSP California LLC property will not impair the ability of the City to implement it's draft Habitat Management Plan (subregional NCCP). Interim CSS habitat losses that are incurred before completion and approval of a subregional NCCP/Carlsbad Habitat Management Plan (HMP), must be approved by the City Council (Habitat Loss Permit) and the United States Fish and Wildlife Service. A procedure has been established which allows the City to benefit from the 4( d) rule. This procedure includes: establishment of the base number of acres of coastal sage scrub habitat in the subregion, calculation of the 5% for the interim habitat loss, and cumulative record keeping of all interim habitat losses. Prior to the grading of the project site the Developer must receive City Council approval of a Habitat Loss Permit. The City has calculated that 5% of the base acreage of coastal sage scrub in Carlsbad is 165.70 acres. As of August, 1995, 19.38 acres have been taken. The loss of coastal sage scrub due to this project (0.12 acres) would result in a cumulative habitat loss of 19.5 acres for the HMP area once all the approved loses have been taken. This loss does not exceed the 5% guideline of 165.70 acres. The habitat loss has been reduced or mitigated by the design of the project, in that the Calle Serena (Cherry Blossom Road) alignment is the most sensitive in terms of habitat and slope impact and adequate mitigation is proposed to offset habitat impacts from grading for building pads along Lot 62. The project meets the intent of the City's draft HMP as follows: 1. The 0.12 acre take area is located outside of any Preserve Planning Areas; 2. The habitat loss will not preclude connectivity between areas of high habitat values since this area is not included as a part of a Linkage Planning Area (LPA); 3. The habitat loss will not preclude or prevent the preparation of the Carlsbad HMP in that the area is not a part of a Linkage Planning Area, makes no contribution to the overall preserve system and will not significantly impact the use of habitat patches as archipelago or stepping stones to surrounding PPAs. 4. Mitigation for the loss of the 0.12 acres of CSS will be in the form of the acquisition of habitat credits as discussed above. The loss of habitat on the MSP California LLC property will not appreciably reduce the likelihood of the survival and recovery of the gnatcatcher; 5. The habitat loss is located in a disturbed area that is directly adjacent to Hidden Valley Road and the Poinsettia Community Park, therefore, large blocks of habitat will not be lost and fragmentation will not occur, and; 6. The habitat area being impacted is at the periphery of a larger CSS habitat area; it is not in the center where the loss of habitat would be more CT 95-03/SDP 95-06/H. 95-06 -EMERALD RIDGE WES, JANUARY 17, 1996 PAGE 12 important. G. GROWTH MANAGEMENT The proposed project is located within Local Facilities Management Plan Zone 20 in the Southwest Quadrant of the City. The impacts created by this development on public facilities and compliance with the adopted performance standards are summarized as follows: CITY ADMINISTRATION 246.8 square feet Yes LIBRARY 131.6 square feet Yes WASTE WATER TREATMENT 71 EDUs Yes PARKS .49 acres Yes DRAINAGE Basin No. 3 Yes CIRCULATION 670 ADT Yes FIRE Station No. 4 Yes OPEN SPACE 3.48 acres Yes SCHOOLS CUSD Yes SEWER COLLECTION SYSTEM 71 EDUs Yes WATER 15,620 GPD Yes The project is 68.26 dwelling units below the Growth Management Dwelling Unit allowance of 139.26 dwelling units for the property as permitted by the Growth Management Ordinance. Surplus dwelling units (68.26) that are not used by the developer are placed into a City bank of excess dwelling units. The City can allocate these dwelling units to residential projects that exceed the growth control point (Density Bonus) in order to provide affordable housing. H. ENVIRONMENTAL REVIEW The project site is located within the boundaries of Specific Plan SP 203 which covers the 640 acre Zone 20 planning area. The certified Final Program EIR 90-03 for Specific Plan 203 addresses the potential environmental impacts associated with the future buildout of the Zone 20 Specific Plan area and is on file in the Planning Department. Use of a Program EIR enables the City to characterize the overall environmental impacts of the specific plan. The Final Program EIR contains broad, general environmental analysis that serves as an information base to be consulted when ultimately approving subsequent development projects (i.e. tentative maps, site development plans, grading permits, etc ... ) within the CT 95-03/SDP 95-06/H.95-06 -EMERALD RIDGE WES, JANUARY 17, 1996 PAGE 13 specific plan area. The City can avoid having to "reinvent the wheel" with each subsequent development project by analyzing, in the program EIR, the regional influences, secondary effects, cumulative impacts, and broad alternatives associated with buildout of the planning area. The recommended and applicable mitigation measures of Final EIR 90-03 are included as conditions of approval for this project. Per the requirements of Final EIR 90- 03, additional project specific environmental studies, including biological analysis, have been prepared. These studies provide more focused and detailed project level analysis and indicate that additional environmental impacts beyond what was analyzed in Final EIR 90-03 will result from implementation of the project. In addition to the Final EIR for Specific Plan 203, more recently the City has certified a Final Master Environmental Impact Report for an update of the 1994 General Plan. The Master EIR serves as the basis of environmental review and impact mitigation for project's that are consistent with the plan, including projects within Specific Plan 203. Per the recommendations of Final EIR 90-03, a Mitigated Negative Declaration was issued for this project to evaluate the additional environmental impacts created by the two off-site sewer lines, project grading, and the access road (Cherry Blossom Road) from Hidden Valley Road. The Planning Director has determined that the project will have a significant effect on the environment, however, there will not be a significant effect in this case since the mitigation measures and Mitigation and Reporting Program described in the attached EIA-Part II have been added to the project. This decision was based on findings of the EIA-Part II, an evaluation of Final EIR 90-03 and Master EIR 94-01, an archaeological report, a biological survey and impact study, a geotechnical report, soils report, pesticide residue survey and report, acoustical study, traffic report, and field surveys by staff. The Mitigated Negative Declaration was sent to the State Clearinghouse and the United States Fish and Wildlife Service for public agency review and letters were received from the California Department of Fish and Game (DFG) and the California Coastal Commission (CCC). DFG concurs with the mitigation measures of the Mitigated Negative Declaration and agrees with staff that the project is consistent with the Natural Communities Conservation Planning Program Guidelines (NCCP). The CCC recommends Sewer Alignment "A" because it is the least environmentally damaging alternative. They have also commented on the project's grading and the potential impact it may have on steep slopes. In response to this comment, the project's grading for the trail, local internal streets, and building pads has been designed to avoid all steep slopes and the proposed manufactured slopes have been contoured graded to follow the top of the bluff. In addition, future buildings would be setback 60 feet from the steep slope and native habitat areas. ATIACHMENTS: 1. Planning Commission Resolution No. 3879 2. Planning Commission Resolution No. 3880 3. Planning Commission Resolution No. 3881 4. Planning Commission Resolution No. 3882 CT 95-03/SDP 95-06/H. 95-06 -EMERALD RIDGE WES, JANUARY 17, 1996 PAGE 14 5. Location Map 6. Background Data Sheet 7. Local Facilities Impact Assessment Form 8. Disclosure Form 9. Department of Fish and Game letter, dated November 17, 1995 10. California Coastal Commission letter, dated November 30, 1995 11. Full size Exhibits "A" -"M", dated January 17, 1996 JG:kr • • EMERALD RIDGE -WEST CT 95-03/SDP 95-06/HDP 95-06 .• BACKGROUND DATA SHEET • CASE NO: CT 95-03/SDP 95-06/HDP 95-06 CASE NAME: EMERALD RIDGE WEST APPLICANT: MSP CALIFORNIA LLC REQUEST AND LOCATION: 61 Single-Family Lots, 9 Second Dwelling Units, & one 8.3 acre Open S ace Lot LEGAL DESCRIPTION: All that certain parcel of land delineated and designated as "Description No. 1,103.91 Acres" on Record of Survey map No. 5715, filed in the Office of the County Recorder of San Diego County, December 19, 1960, being a portion of Lot G of Rancho Agua Hedionda, according to Map thereof No. 823. filed in the Office of the County Recorder of San Diego County, November 16, 1896, a portion of which lies within the City of Carlsbad, all being in the County of San Diego. State of California. Excepting therefrom that portion lying within Parcels "A." "B," "C," and "D" of Parcel No. 2993 in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, August 23, 1974 as File No. 74-230326 of Official Records APN: 212-040-32 and 36 (Assessor's Parcel Number) Acres 56.3 Proposed No. of Lots/Units 61 Lots and 71 Units GENERAL PLAN AND ZONING Land Use Designation _~R~e-s_id __ e=nt ..... ia ___ l"""M=--ed ____ i ..... um=---- Density Allowed 6 dus/acre Existing Zone R-1-7500-0 Density Proposed ___ 3 ...... 0-=1 __ Proposed Zone NIA Surrounding Zoning and Land Use: (See attached for information on Carlsbad's Zoning Requirements) Zoning Land Use Site R-1-7500-Q Agriculture North OS Vacant South PC Park East R-1-10-Q Residential West R-1-7500-Q Agriculture PUBLIC FACILITIES School District Carlsbad Water District Carlsbad Sewer District Carlsbad Equivalent Dwelling Units (Sewer Capacity) ....:7=1-=E=D=-aaU.;:;.s ________________ _ Public Facilities Fee Agreement, dated .... M ......... ay......,=.26 ..... , ___ l-9~95 _________________ _ ENVIRONMENTAL IMPACT ASSESSMENT _x_ Mitigated Negative Declaration, issued ....:O=c=t=ob=e=r-=2:..:.7~19;;..:;9;..:::5 ____________ _ Certified Environmental Impact Report, dated ________________ _ Other,--------------------------------- JG:kr • CITY OF CARLSBAD •• GROWI'H MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM (To be Submitted with Development Application) PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: CT 95-03ISDP 95-06/HDP 95-06 LOCAL FACILITY MANAGEMENT ZONE:20 GENERAL PIAN: RM ZONING: R-1-7500 DEVELOPER'S NAME: MSP CALIFORNIA LLC ADDRESS: 650 S. CHERRY STREET SUITE 435 DENVER COLORADO 80222 PHONE NO: (303) 339-9804 ASSESSOR'S PARCEL NO: -=2=12::a...-0.;;....4:....:.0...:;-3=-2-=an=d~3:::..::6:..-____ _ QUANTITY OF IAND USE/DEVELOPMENT (AC., SQ. Ff., DU): -=5...;:;.;6.=-31....;..7~1 -==un=its=------ ESTIMATED COMPLETION DATE: N'.A A. B. C. D. E. F. G. H. l J. K. L. City Administrative Facilities: Demand in Square Footage = Library: Demand in Square Footage = Wastewater Treatment Capacity (Calculate with J. Sewer) Park: Demand in Acreage = Drainage: Demand in CFS = Identify Drainage Basin = (Identify master plan facilities on site plan) Circulation: Demand in ADTs = (Identify Trip Distribution on site plan) Fire: Open Space: Schools: Setved by Fire Station No. = Acreage Provided - (Demands to be determined by staff) Sewer: Demand in EDUs - Identify Sub Basin - (Identify trunk line(s) impacted on site plan) Water: Demand in GPO - 246.8 sq. ft. 131.6 sq. ft. NIA .49 acres NIA NIA 670 ADT No. 4 3.48 CUSD 71 NIA 15,620 The project is 68.26 dwelling units below the Growth Management Dwelling unit allowance. • • City of Carlsbad --:..ifiiei,h,f.1•24•Ehieet4,il DfSCLOSCRE STATEMENT ~,:n::i,_,c.i.NT·s ST.l.":":l.AE~i :F ::sc:..csui:ie OF CERTAIN OWNEi=IS~IP INTE;::IESTS ON ALI. A??'..,iCAr:cNS w~1Cr1 -NILi. =EC\.i,Ai: :,sc;:;ET1CNAi:.Y ACTlCN CN -:-:-.1: ?A.AT CF '11-!E C:'TY COUNCIi.. c~ ANY APPOINTEO 80A~O. CCMMISSICN 0~ C~MMIT'TEE. · P1ease Pr,nr) i"he fcilow1ng information must be disclosed: ti-.~ 1'-.y 2 6 ·F.1~5 :•-"' j-. ,J 1 . Applicant List the names and addresses of all persons having a financiaJ interest in the application. MSP CALIFORNIA, L,L,C, MSP CALIFORNIA, L,L,C, Marcus S. Palkowitsh David M. Bentley 650 South Cherry Street, Suite 435 3573 East Sunrise Drive, Suite 221 Denver, Colorado 80222 Tucson, Arizona 85718 2. Owner List the names and addresses of all persons having any ownership interest in the property involved. MSP CALIFORNIA, L,L,C, MSP CALIFORNIA. L.L.C. Marcus S. Palkowitsh David M. Bentley 650 ·south Cherry Street. Suite 435 3573 East Sunrise Drive. Suite 221 Denver. Colorado 80222 Tucson, Arizona 85718 ' 3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names ar.c addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnersn1p interest in the partnership. 4. If any person identtffed pursuant to (1) or (2) above is a non1)rofit organization or a trust, list the names ana addresses of any person serving as officer or director of the non1)rofit organization or as trustee or benefic:ar, of the trust. FRM00013 8/90 2075 Las Palmas Orive • Carlsbad. California 92009-4859 • (619) 438-1161 • • (Over) Disclosure Statement Page 2 5. Have you had mere than 5250 worth of business transacted with any member of City staff. 8car:s Commissions, Committees and Council within the past twelve months? Yes _ No "x-If yes, please indicate person(s) _____________________ _ ~,,defined u: 'Any ,ndividual. firm. c:op&/Vlersl'lip, joint venture. auociation. social club. fratemal organization. c:orporat,on. estate. m.,jst. receiver. syndicate, !hie and any otner county, c:ity and county. c:ity mun,c:1pality. di1tr1ct or otner i;>otltic:al tubdr.111,on. or any otnar ;roi..0 or eomo1nat1on acting aa a unit.• (NOTE: Attach additional pages as necessary.) ~~ ;--~3-9~· Signature of applicant/date Marcus s. Palkowitsh Marcus s, Palkowitsh Print or type name of owner Print or type name of applicant FRM00013 8/90 • • STATE OF CALIFORNIA-THE RESOURCES AGENCY PETE WILSON, Governor DEPARTMENT OF FISH AND GAME 4949 VIEWRIDGE DR. SAN DIEGO, CA 92123 (619) 467-4212 Mr. Jeff Gibson Planning Department City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009-1576 November 17, 1995 Mitigated Negative Declaration for the Emerald Ridge West Project, City of Carlsbad, CT 95-03/HDP 95-06/SDP 95-06 Dear Mr. Gibson: The Department offish and Game's (DFG) Natural Community Conservation Planning (NCCP) staff has reviewed the mitigated negative declaration, and supporting environmental documentation, for the Emerald Ridge West development project and offers the following comments. The proposed 28.9 acres project is located in the City of Carlsbad, south of Palomar Airport Road, east of Paseo Del Norte, north of Camino de las Ondas, and immediately west of the proposed alignment of Hidden Valley Road. The development would consist of 61 single- family residential lots, 10 second-dwelling units, and an 8.3 acre open space lot. An access road off of Hidden Valley Road, and an off-site sewer line would also be constructed. The property currently supports 6.44 acres ofDiegan coastal sage scrub (CSS), 0.05 acres of disturbed CSS, 1.2 acres of southern mixed chaparral, 0.43 acres of riparian vegetation, 0.23 acres of unvegetated channel, and 20.55 acres of disturbed agricultural lands. The site is not located within the City of Carlsbad':; proposed Habit.t }.fanagement Plan preserve area. No sensitive plant species were identified on-site. The California gnatcatcher, a federally-threatened species was observed within the CSS habitat on the property, as well as in habitat just off-site. The proposed development would impact 18. 0 acres of agricultural lands, and O. 12 acres of CSS habitat. The habitat where the California gnatcatcher was observed would not be directly impacted. The project proponent proposes to mitigate impacts to CSS by on-site preservation of 4. 82 acres of CS S and the purchase of O. 19 acres of credit within the Carlsbad Highlands mitigation bank. On-site impacts to CSS and wetlands from the construction of Hidden Valley Road will be mitigated by on-site habitat restoration/creation. An adjacent property owner (Sambi) is responsible for fulfilling this mitigation requirement. The DFG concurs with the mitigation measures proposed by the project proponent, and @ . . . . Mr. Jeff Gibson November 17, 1995 Page Two • • also agrees that they are consistent with the NCCP Guidelines. If mitigation credits are not purchased in the Carlsbad Highlands mitigation bank, then 0.19 acres of equal or higher quality CSS habitat must be acquired by the property owner within the North County coastal region. The DFG would need to review and concur with any alternate mitigation site if this project is to be processed through the provisions of the NCCP program. If you have any questions concerning these comments please contact David Lawhead at (619) 467-4211. Thank you. cc: Department of Fish and Game Mr. Ron Rempel Sacramento Ms. Patty Wolf Long Beach Mr. David Lawhead San Diego U.S. Fish and Wildlife Service Mr. Gail Kobetich Ms. Ellen Berryman FILE: Chron EMRLDRDG.DNL LAWHEAD/TIPPETS Sincerely, fe~t'~ William E. Tippets NCCP Field Supervisor STATE OF CALIFORNIA-THE RESOURCES AGEN-• PETE WILSON, Governor CALIFORNIA COASTAL COMMISSION SAN DIEGO COAST AREA 3111 CAMINO DEL RIO NORTH, SUITE 200 SAN DIEGO, CA 92108-1725 (619) 521-8036 City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009-1576 Attn: Jeff Gibson November 30, 1995 RE: Proposed Mitigated Negative Declaration for the Emerald Ridge West Project -SCH #95101062 Dear Mr. Gibson: DEG Commission staff has reviewed the above cited document and would like to provide the following comments. To begin with, it is our understanding that the project involves a 61- lot residential subdivision along with open space and 10 second dwelling units. The project also proposes a number of on-and off-site road and utility improvements including two alternative sewer alignments. Relative to procedures, the project site is located within the Coastal Zone and is therefore subject to coastal development permit review. The project site is located within the area governed by the City of Carlsbad certified Mello II LCP segment. As such, the standard of review for the coastal development permit is the Commission-certified Mello II LCP segment. Pertaining to potential concerns raised by the above cited draft document, the document deiails two sewer/storm drain aitemative aiignmenis (A & B). Based on the information provided, Alternative B would have significant impacts on environmentally sensitive habitat areas, while Alternative A does not have any direct native or sensitive habitat impacts. As such, Alternative A is clearly the least environmentally-damaging alternative. However, the draft document does not specify which alignment is being proposed. As you are aware, in March of this year, the Coastal Commission approved a permit for a residential subdivision south of the subject site (ref. CDP #6-94-131/Toyohara). The Commission's approval also included the extension/improvement of Hidden Valley Road north from the project to Palomar Airport Road. In its approval, the Commission found that while the road alignment would impact dual criteria slopes, such impacts could be accepted because the road alignment would also provide necessary sewer, water and access to other developable areas. In subsequent permit actions for other development in this area, the Commission made additional findings that, because of potential impacts to environmentally sensitive habitat areas, any proposed sewer lines to serve development in Jeff Gibson November 30, 1995 Page2 • • this area should be within Hidden Valley Road. Due to topographic constraints that would require the use of a pump facility, which can be costly to construct and maintain, neither alternative is proposed within Hidden Valley Road. However, because Alternative A does not involve any native habitat impacts, it should be the "preferred alternative". The draft document also states that approximately 129,205 cubic yards of grading is necessary to accommodate building pads, lots, utilities, etc., and that the grading conforms to the City's Hillside Development Ordinance. However, the document does not indicate whether a slope analysis has been completed and if there is any grading of dual-criteria slopes. As such, this should be clarified. In addition, because portions of the site drain to environmentally sensitive habitat areas, any grading that occurs during the winter rainy season could lead to sedimentation impacts to such downstream resources. Therefore, the document should make it clear that grading of the site would be prohibited during the winter rainy season (October 1 to April 1), consistent with LCP requirements. Finally, on Page 15 of the draft document, the statement is made that "no sensitive plant species were identified onsite ... ". Although this statement is true, taken literally, it is somewhat misleading. While it is true there are no plant species onsite that have been listed by any state or federal agencies, the site does contain several environmentally sensitive habitat areas (Diegan Coastal Sage Scrub, Mixed Chaparral and Riparian) that do support several listed/protected wildlife species. Therefore, this should be clarified in the document. The above comments have been prepared by Commission staff based on the information available at this time. Additional issues may result from further public review and input. Again, thank you for the opportunity to comment on this draft document. If you have any questions, please give me a call. (ERdgEnv.doc) Si~ Lee McEachern Coastal Planner