HomeMy WebLinkAboutCDP 05-38; BAGNALL RESIDENCE; Coastal Development Permit (CDP)' "' • CITY OF CARLSBAD
LAND USE REVIEW APPLICATION
1) APPLICATIONS APPLIED FOR: (CHECK BOXES)
(FOR (FOR
DEPARTMENT DEPARTMENT
USE ONLY) USE ONLY)
□ Administrative Permit □ Planned Industrial Permit
□ Administrative Variance □ Planning Commission Determination
[2g Coastal Development Permit n1,npn9 ..-:1, I r " U7 Precise Development Plan r-
□ Conditional Use Permit □ Redevelopment Permit
□ Condominium Permit □ Site Development Plan
□ Environmental Impact Assessment □ Special Use Permit
□ General Plan Amendment □ Specific Plan
□ Hillside Development Permit □ +eRtative PaFGel Mar,i
Obtain from Engineering Department
□ Local Coastal Program Amendment □ Tentative Tract Map
□ Master Plan □ Variance
□ Non-Residential Planned Development □ Zone Change
□ Planned Development Permit □ List other applications not specified
2) ASSESSOR PARCEL NO(S).: ,Z IO ... O'2CJ -I\ ---------------------------
3) PROJECT NAME: t3/'-GN,ALL. tz.e'SI DE/0CE.
4) BRIEF DESCRIPTION OF PROJECT: !--lt:W 'Sf=COrv-0 $\0¥2---( /:9P\1IC>~ TO f-.r-J
\::,t<.1s::r1~& S\NG-U::-sToa.y SE-s\ OEJ-JC~ c
5) OWNER NAME (Print or Type)
~\Li T . .Bl--~ NAL-L
MAILING ADDRESS
p.o. E:OX eoizq
EMAIL ADDRESS:
TELEPHONE
858
791-082'1
6) APPLICANT NAME (Print or Type)
Mf-,v<.\N e U.. 'N l.)11-f P-.ICH • f-1 A
MAILING ADDRESS
p. o. e,o)< 7 e,z.3
CITY AND STATE
~,-.:CHO
v~T~fE
EMAIL ADDRESS:
ZIP
CfUio7
TELEPHONE
858
75'ro-17ee:i
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE
INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND
KNO EDGE, --1171' ;;,o!"i:.!Sa=K~=JU-L.\All-,l,;.LJ E.
7) BRIEF LEGAL DESCRIPTION LOT 11 KAP 305'2
NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30 P.M.
A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED, MUST BE SUBMITTED PRIOR TO 4:00 P.M.
Form 14 Rev. 12/04 DC-PAGE 1 OF 5 cV oSo 4-:J-
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8) LOCATION OF PROJECT:
9)
oNTHE._I ----,.,~w~~~s-'~="'"""""~=-1 (NORTH, SOOTH, EAST, WEST)
BETWEEN I TAMrJ2.,-AC.t< Ave . I
(NAME OF STREET)
LOCAL FACILITIES MANAGEMENT ZONE 3
•
STREET ADDRESS
s1DE0FI T\e~f'-beL-D\20
(NAME OF STREET)
AND I c,A-f'.) t'-)O I',) t2DAD
(NAME OF STREET)
10) PROPOSED NUMBER OF LOTS □11) NUMBER OF EXISTING [I] 12) PROPOSED NUMBER [I]
RESIDENTIAL UNITS OF RESIDENTIAL UNITS
13) TYPE OF SUBDIVISION □14) PROPOSED IND OFFICE/ D 15) PROPOSED COMM □ SQUARE FOOTAGE SQUARE FOOTAGE
16) PERCENTAGE OF PROPOSED □17) PROPOSED INCREASE □18) PROPOSED SEWER □ PROJECT IN OPEN SPACE INADT USAGE IN EDU
19) GROSS SITE ACREAGE □20) EXISTING GENERAL ~ ~
1) PROPOSED GENERAL □ PLAN OSLAN DESIGNATION
22) EXISTING ZONING
I fL-1 1
23
)
PROPOSED ZONING D 24) HABITAT IMPACTS B IF YES, ASSIGN HMP #
25) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY
STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS
TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT
TO r:: FOR THIS PURPOSE
SIGNAT~R, ✓~
FOR CITY USE ONLY
FEE COMPUTATION
APPLICATION TYPE
TOTAL FEE REQUIRED
Form 14 Rev. 1 2/04
FEE REQUIRED
RECEIVED
AUf.1 2 2 2005
CITY OF CARLSBAD
PLANNING DEPT
DATE STAMP APPLICATION RECEIVED
RECEIVED BY:
PAGE 2 OF 5
CITY OF CARLSBAD
APPLICATION REQUIREMENTS FOR:
.COASTAL DEVELOPMENT PERMIT (SINGLE FAMILY REGULAR AND MINOR)
COASTAL DEVELOPMENT PERMIT SUPPLEMENTAL APPLICATION (FOR ALL COASTAL
DEVELOPMENT PERMITS)
This supplemental application is to be filed for any development requiring a Coastal Development Permit
issued by the City of Carlsbad.
**Application checklist for Non-Single Family Regular Coastal Development Permits covered under
separate handout.
A proposed project requiring that multiple applications be filed must be submitted prior to 3:30 p.m. A
proposed project requiring that only one application be filed must be submitted prior to 4:00 p.m.
All joint application exhibits, i.e. Tentative Map and Planned Development Site Plan should be prepared at the
same scale. (Use a scale no smaller than l" = 40'.)
This supplemental application is to be filed for any development requiring a Coastal Development Permit
issued by the City of Carlsbad.
I. GENERAL BACKGROUND
A. Estimated Cost of Development:
Development costing $60,000 or more does not qualify as a Minor Coastal Development
Permit. The Planning Director shall make the final determination regarding a project's cost of
development.
The primary basis for determining cost of development will be the application of dollar costs
per square foot for different types of residential construction. These costs are set by the
International Conference of Building Officials (ICBO) and are applied throughout San Diego
County.
Please complete the following information to assist in the determination of this project's cost
of development (Contractor proposals may also be submitted for consideration by the
Planning Director). Please refer to the currentfee schedule for the appropriate $/square foot
fee rate.
⇒ New Residential Square Footage:
------square feet x $ ___ ~/sq. ft. = $ __________ _
⇒ Residential Addition Square Footage: cO
I, U"'?"? square feet x $ \ \ 0 /sq. ft.=$_~! ~1_,C/,_,.,~u;~00-~;--__
⇒ Any Garage Square Footage:
______ square feet x $ ___ ~/sq. ft.=$ __________ _
⇒ Residential Conversion Square Footage:
------square feet x $ ___ ~/sq. ft. = $ __________ _
⇒ Please contact the City of Carlsbad Building Department for current fee rate for Non-
Residential uses (i.e. Retail/Store; Restaurants; Office; and
Manufacturing/Warehouse uses.)
------square feet x $ __ /sq. ft. = $ ____________ _
COST OF DEVELOPMENT ESTIMATE: $ \Bl {p ~. ~
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Form 13 Revised 04/04 Page 1 of7
II.
III.
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B. Do you wish to apply for:
1.
2.
A Minor Coastal Development Permit (Under $60,000 cost estimate)
A Regular Coastal Development Permit ($60,000 or more cost estimate)
C. Street address of proposed development
50'2.'\ Tl Er2(<-f-\?e\... 01'20 ';;ft2.e:.ET
D. Assessor's Parcel Number of proposed development
,:2.lo-0"20-\ I-00
E. Development Description:
Briefly describe project: HEW I, 4 7 ,Z '5f 'SfCQ,-,;,,./) ~TO)?.-(
tQOl1101') 1 l£Dl7f LOWf!fl--lEvt='.L AOOJTtOt--l
lo fN e:~\~,1~ '2,0$~ 5f ,s,......oLE-5T~'i'
F. Describe the present land uses (i.e. vacant land, single family homes, apartments, offices, etc.)
that surround the proposed development to the:
G.
North: ';) • f · ~
South: '5 • f" • 12,.. '
East: 5. C• @-•
West: f',b-C\rlC oc_e~
Is project located within a 100-year flood plain? 0Yes ~No
PRESENT USE OF PROPERTY
A. Are there existing structures on the property? 0Yes □ No
If yes, please describe. f' f ~1,Jy L -~T 0(2. .. 5-f•P...
B. Will any existing structure be removed/demolished? ~es □ No
If yes to either question, describe the extent of the demolition or removal, including the
relocation site, if applicable (also show on plans). u"\/'\
11:\f e:1,. J!>Itt,,.)Cz emr W ll..,L 61:' 12,f r,.AOJ c.-"" To
LOT COVERAGE
A. Existing and Proposed
Existing New Proposed Total
Building Coverage 1.,u'l.,5 sq. ft. Ill \ sq. ft. 'l. 18lP sq. ft.
Landscaped Area /1 ~'?18 sq. ft. -e-sq. ft. I, 2 ?8sq. ft.
Hardscape Area _.,# 04t. sq. ft. -1&\ sq. ft. 't, SC\&· sq. ft.
Unimproved Area
cv~w sq.ft'. _·tp 'l',3cZ,sq. ft. (Left Natural) sq. ft.
• • • • ♦ • • • ♦ ♦ • ♦ ♦ • • • • • ♦ • • • • • • • • ~ • • ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ •
Form 13 ' Revised 04/04 Page 2 of7
B. Parking: Number of existing spaces I]_
Number of new spaces proposed $2J_
Existing/Proposed TOTAL: '2
Number of total spaces required '2
Number of covered spaces ,z
Number of uncovered spaces (25
Number of standard spaces '2.
Number of compact spaces (J:)
Is tandem parking existing? OYes#_ @No
Is tandem parking proposed? OYes#_ [3No
C. Grade Alteration:
Is any grading proposed? OYes 0No
If yes, please complete the following: ~ff. 1. Amount of cut cu. yds . •
2. Amount of fill NLP-cu. yds.
3. Maximum height of fill slope NLA feet
4. Maximum height of cut slope ~'tA feet
5. Amount of import or export b!lA cu. yds. ,
~IA 6. Location of borrow or disposal site I
••••••••••••••••••••••••••••••••••••••••
Form 13 Revised 04/04 Page 3 of7
The following materials shall be submitted for each application or for combined applications on a single
project.
I.
0
REQUIRED PLANS (All required plans shall be collated into complete sets, stapled together,
then folded to 9" x 12" with lower right hand corner of plan visible.)
SITE PLAN -Four (4) copies for a Minor Coastal Development Permit, four (4) copies for a Single
Family Regular Coastal Development Permit on 24" x 36" sheet(s). Each site plan shall contain the
following information:
1. GENERAL INFORMATION
0a. Name, address, and phone number of registered civil engineer, licensed surveyor, landscape
architect or land planner who prepared the maps/plans.
Location, size and use of all easements.
Dimensions and locations of: access, both pedestrian and vehicular, showing service areas
and points on ingress and egress, off-street parking and loading areas showing location,
number and typical dimension of spaces, and wheel stops.
Distance between buildings and/or structures.
Building setbacks (front, rear and sides).
Location, height and materials of walls and fences.
Dimensions/location of signs.
A summary table of the following (if applicable to the application):
0Q) Street address and assessor's parcel number. ~ Site acreage.
bd(J) Existing Zone, and Land Use Designation.
~ l Proposed land use. ~ Total building coverage.
~) Percent of site to be landscaped.
0(7) Number of parking spaces required/provided. ~ Square Footage of open or recreational space (if applicable).
__/ ~) Cubic footage of storage space (if applicable).
~i. · All applicable Fire Suppression Zones as required by the City's Landscape Manual.
GRADING AND DRAINAGE PLANS: Grading and drainage plans must be included with this
application. In certain areas, an engineering geology report must also be included. Please consult the
City Planning and Engineering Department representative for a determination on any grading plan
geotechnical requirements if the project is in an overlay zone. The following information shall be
submitted at a minimum:
Approximate contours at l' intervals for slopes less than 5%; 2' intervals for slopes between
5% and 10%; and 5' intervals for slopes over 10% (both existing and proposed). Existing and
proposed topographic contours within a I 00-foot perimeter of the boundaries of the site.
Extend contours sufficiently out from the site to adequately show the adjacent floodplain (if
applicable).
Earthwork volumes: cut, fill, import and export.
Spot elevations at the corners of each pad.
Method of draining each lot. Include a typical cross section taken parallel to the frontage for
lots with less than standard frontage.
Location, width and/or size of all watercourses and drainage facilities within and adjacent to
the proposed subdivision; show location and approximate size of any proposed
detention/retention basins.
Clearly show and label the 100 year flood line for the before and after conditions for any
project which is within or adjacent to a FEMA flood plain.
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Form 13 Revised 04/04 Page 4 of7
D.
II.
BUILDING ELEVATIONS AND FLOOR PLANS -Four (4) copies for a Minor Coastal
Development Permit and four (4) copies a Single Family Regular Coastal Development Permit
prepared on 24" x 36" sheet(s). Each building elevation and floor plan shall include the following
information:
refi: Location and size of storage areas. ~ All buildings, structures, wall and/or fences, signs and exterior lights.
~1/ Existing and proposed construction.
~-Provide documentation demonstrating compliance with City Council Policy 44 -
Neighborhood Architectural Design Guidelines (if applicable).
COLORED SITE PLAN AND ELEVATION PLAN -Not required with first submittal. It is the
Applicant's responsibility to bring one (1) copy of a colored site plan and one (I) set of colored
elevations to the Planning Department by 12:00 noon, eight (8) days prior to the Planning
Commission meeting. Do not mount exhibits.
REQUIRED DOCUMENTS AND SUBMITTAL ITEMS
~ A completed Land Use Review Application Form.
~c.· Completed Coastal Development Permit Application.
~c. Environmental Impact Assessment Part 1 with Regular Coastal Development Permits. Check with
Planning staff regarding Minor Coastal Development Permits and Single Family Regular Coastal
Development Permits for any environmental review requirements.
Disclosure Statement.
Two (2) copies of the Preliminary Title Report (current within the last six (6) months).
Completed "Project Description/Explanation" sheet.
Property Owner's List and Addressed Labels:
NOTE: WHEN THE APPLICATION IS TENTATIVELY SCHEDULED TO BE HEARD BY THE
DECISION MAKING BODY, THE PROJECT PLANNER WILL CONTACT THE APPLICANT
AND ADVISE HIM TO SUBMIT THE RADIUS MAP, TWO SETS OF THE PROPERTY
OWNERS LIST AND LABELS. THE APPLICANT SHALL BE REQUIRED TO SIGN A
STATEMENT CERTIFYING THAT THE INFORMATION PROVIDED REPRESENTS
THE LATEST EQUALIZED ASSESSMENT ROLLS FROM THE SAN DIEGO COUNTY
ASSESSOR'S OFFICE. THE PROJECT WILL NOT GO FORWARD UNTIL THIS
INFORMATION IS RECEIVED.
l. A typewritten list of the names and addresses of all property owners within a 600' 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 assessment rolls.
2. Two (2) separate sets of mailing labels of the property owners within a 600' radius of the
subject property. The list must be typed in all CAPITAL LETTERS, left justified, void of
punctuation. For any address other than single-family residence, an apartment, suite or
building number must be included on a separate line. DO NOT include it on 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 10, Enterprise TM or Courier NEW (TT) no larger than 11 pt. Sample labels are as
follows:
UNACCEPTABLE
Mrs. Jane Smith
123 Magnolia Ave., Apt. #3
Carlsbad, CA 92008
UNACCEPTABLE
Mrs. Jane Smith
123 Magnolia Ave.
Apt. #3
Carlsbad, CA 92008
ACCEPTABLE
MRS JANE SMITH
APT3
123 MAGNOLIA A VE
CARLSBAD CA 92008
♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦
Form 13 Revised 04/04 Page 5 of7
3. 600' Radius Map: A map to scale not less than 1"=200' showing each lot within 600' of
exterior boundaries of the subject property. Each of these lots shall be consecutively
numbered and correspond with the property owners list. The scale of the map may be
reduced to a scale acceptable to the Planning Director if the required scale is impractical.
4. 100' Radius Occupants/Address List and Labels (for coastal zone/CDPs only): One (1)
list of the occupants/addresses located within a 100' radius of the project site; and two (2) sets
oflabels (as described in "A" above) of the addresses within a 100' radius.
III. SPECIFIC PROJECT REQUIREMENTS -(May apply to single family, regular and minor coastal
development permits). Coastal Overlay Zones require additional information to be submitted as
follows: (refer to the Municipal Code for a full description)
A. Coastal Agriculture Overlay Zone
1. Refer to the Carlsbad Municipal Code Section 21.202.060 for specific requirements.
B. Coastal Resource Protection Overlay Zone
l. Slope analysis/mapping for 25% and greater subject to Section 21.203.040 of the
Carlsbad Municipal Code.
2. Topographic and vegetation mapping/analysis subject to Subsection
21.203.040(B)(l) of the Carlsbad Municipal Code, if project is located along the first
row of lots bordering Buena Vista Lagoon including the lagoon mouth.
3. Topographic, drainage and wetland mapping subject to Subsections
21.203.040(B)(2)(a) and (b) of the Carlsbad Municipal Code if located east of
Interstate 5 in the Batiquitos Lagoon watershed.
4. Drainage study subject to Subsection 21.203.040(B)(3) of the Carlsbad Municipal
Code if project is located west of existing Paseo de! Norte, west of Interstate 5 or
along El Camino Real immediately upstream of existing storm drains.
5. Geologic report addressing landslides and slope stability subject to Subsection
21.203.040(B)(4) of the Carlsbad Municipal Code.
6. Geologic report addressing land slides and seismic hazards subject to Subsection
21.203.040(C) and (D) of the Carlsbad Municipal Code.
C. Coastal Shoreline Development Overlay Zone
1. Geotechnical report subject to 21.204.110 if project is located adjacent to an existing
seabluff edge between the sea and the first public road parallel to the sea; also may
be required by Planning Director if deemed necessary consistent with Section
21.204.110 of the Carlsbad Municipal Code.
2. Show all structures and decks on adjacent north and south properties to perform
"stringline" test subject to Subsection 21.204.050(B) of the Car'lsbad Municipal
Code.
3. Unless otherwise submitted project in this zone must also be submitted with plans
showing:
a. Boundaries and topography
b. Existing and proposed structures
c. Circulation
d. Drainage
e. Finished topography
f. Landscaping
D. Coastal Resource Overlay Zone Mello I LCP Segment
I. Erosion, sedimentation and drainage report subject to Section 21.205.060 of the
Carlsbad Municipal Code if project is located in the Batiquitos Lagoon watershe.d.
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Form 13 Revised 04/04 Page 6 of7
IV. REQUIRED COASTAL PERMIT FINDINGS -Approval of a regular or minor coastal
development permit is based on the ability to make three coastal related findings. These three findings
are presented below for your review and information.
1. That the proposed development is in conformance with the Certified Local Coastal Program
and all applicable policies.
2. That the development is in conformity with the public access and public recreation policies of
Chapter 3 of the Coastal Act.
3. That the development conforms with any applicable decision pertinent to this proposal and/or
site as set by the Coastal Commission on a previously related appeals decision per Public
Resources Code §30604(c).
I · Ol..i'A ,pp.o.,J~C, /.? ~~ \'? I,.._; CO...:>f"CY-2.V\'\~NCf
v,j\'\H l"He ~1\fll50 \.Oa'\L-COAS,~L fl206'(2.~ V\.-t.
I-""° p.u.... ~fPLICl'lr3LE ft>L-\Clt./4, I
"/.. ,r\\? O~'c\..CAPVVl t)-,J1"' \S \~ a:>r-JfCYl.\lV\l i'1
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vJ ,,.rt ,t¼C
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p~ ,, "' ~ TO TH\ 5 ~f p L-\ CP.G L€ P'CG\ S\ o~
{'r-OfC~,A L ;A.rvfJ / 0(2.. S \ T <£ ~-e., S t-t" V3 '-{ THC
et:-Vv\ VV\ 1 ~ $ IQ,-.) O t,,:> t° (->(2-t:V) a.JS L't
'Ot:C\SIO~ "f~ {)~UC.
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Form 13 Revised 04/04 Page 7 of7
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City of Carlsbad
l=UUU,0sf·l·l4·i•iiht4UI
DISCLOSURE STATEMENT
Applicant's 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 submittal. Your project cannot be
reviewed until this information is completed. Please print.
Note:
Person is defined as "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 ALL 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 publicly-owned corporation, include the names, titles, and addresses of the corporate
officers. (A separate page may be attached if necessary.)
Person ~J'J{,J Iv T, s~,wel/ Corp/Part ________ _
Title htJJtte owner Title ___________ _
Address L{IJ,&y6,;;r l?5f?~o~~ress ________ _
2. 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 __________ _ Corp/Part ___________ _
Title __________ _ Title ____________ _
Address _________ _ Address ____________ _
1635 Faraday Avenue• Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @
•
3. NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonprofit organization 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 $250 worth of business transacted with any member of City staff,
Boards, Commissions, Committees and/or Council within the past twelve (12) months?
D Yes rGo If yes, please indicate person(s): ___________ _
NOTE: Attach additional sheets if necessary.
I certify that all the above information is true and correct to the best of my knowledge.
Signature fapplicant/date
Print or type name of applicant
Signature of owner/applicant's agent if applicable/date
Print or type name of owner/applicant's agent
H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2
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PROJECT DESCRIPTION/EXPLANATION
PRoJEcr NAME: i3AC!rNJ-.LL f:c';,lOJ::NCf=-
APPucANr NAME: t,1AJC.VVE1-L \NU1}-h'2.lCH -t::\2-CH\TEC,
Please describe fully the proposed project by application type. Include any details
necessary to ~dequately explain the scope and/or operation of the proposed ro·ect
~ou may also
1
include any background information and supporting statements re~a/dinQ
e reasons or, or appropriateness of, the application. Use an addendum sheet if
necessary.
Description/Explanation:
A ~ew Jt4-7'2 ~f ~~co,-..,o ?jOP~ S~t)µcaN\ ,AO'C>l'TlO"' ~
t--lEW It.QI ~f ~w~ST,A\f2.S l!t--Ji"P.."( )-POITJOr,...') 'TO ,.,.-,..J e~\~T'u •
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ee-(o~ ,~E ~t\-::;T1~a-r'C:OT'f'Y2J~T., t'\OST of THE:
e:)<.1 ":>n ~ 1-\Cw ~ ~ ol-' -n-i c \I.J'f=$i$ ro E Of 1t11:.. "::> \!4~e i
~ cop.~TL'1 Or 2-s,01~:1' • O~S\Ci~. -1H 0 St::
+-\0,N\f~ ~ or 1\4-~ s~J1::fz.:r f>'PC~~"i ;.~e
~t,\..L-~,~et-t-e~srcf.l-<.
Project Description 10/96 Page 1 of 1
ENVIRONMENTAL IMPACT ASSESSMENT FORM-PART I
(TO BE COMPLETED BY THE APPLICANT)
CASE NO:
DATE: -5~.~,;-,-0-5--
BACKGROUND
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CASENAME: 13,AQNALL ~~\DENCl=-
LEAD AGENCY NAME AND ADDRESS: C. r,-< oF 0'-(-2.L-~~D
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CONTACT PERSON AND PHONE NUMBER: • 1'1,A)<. \Nl.J1"Hf2.I CH 75tr 176~
PROJECT LOCATION: 5c)~q 11 E(,2..(-2,A PE'L. CJp.0
PROJECT SPONSOR'S NAME AND ADDRESS: __________ _
GENERAL PLAN DESIGNATION: ______________ _
• ZONING: \2: -\ ~--------------------
OTHER PUBLIC AGENCIES WHOSE APPROVAL IS REQUIRED (i.e., permits, financing
approval or participation agreements): ____________ _
PROJECT DESCRIPTION/ ENVIRONMENTAL SETTING AND SURROUNDING LAND
USES:
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1 Rev. 07/26/02
ENVIRONMENT AL 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.
D Aesthetics
D Agricultural Resources
D Air Quality
D Biological Resources
D Cultural Resources
D Geology/Soils 0Noise
D Hazards/Hazardous Materials D Population and Housing
D Hydrology/Water Quality
D Land Use and Planning
D Mineral Resources
D Mandatory Findings of
Significance
2
D Public Services
D Recreation
D Transportation/Circulation
D Utilities & Service Systems
Rev. 07/26/02
ENVIRONMENT AL 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
significantly adverse, 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 significantly
adverse.
• Based on an "EIA-Part I", if a proposed project could have a potentially significant adverse effect on the
environment, but all potentially significant adverse 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.
• When "Potentially Significant Impact" is checked the project is not necessarily required to prepare an EIR
if the significant adverse 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 adverse effect on the environment.
• If there are one or more potentially significant adverse effects, the City may avoid preparing an EIR if there
are mitigation measures to clearly reduce adverse 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.
3 Rev. 07/26/02
• An EIR must be prepared if "Potentially Significant Impact" is checked, and including but not limited to
the following circumstances: (1) the potentially significant adverse 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 adverse impact to less than significant; (2) a "Statement of Overriding
Considerations" for the significant adverse impact has not been made pursuant to an earlier EIR; (3)
proposed mitigation measures do not reduce the adverse impact to less than significant; or (4) through the
EIA-Part I 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.
4 Rev. 07/26/02
Issues (and Supporting Information Sources).
(Supplemental documents may be referred to and attached.)
I. AESTHETICS -Would the project:
a) Have a substantial adverse effect on a scenic vista?
b) Substantially damage scenic resources, including but
not limited to, trees, rock outcroppings, and historic
buildings within a State scenic highway?
c) Substantially degrade the existing visual character or
quality of the site and its surroundings?
d) Create a new source of substantial light and glare,
which would adversely affect day or nighttime views
in the area?
II. AGRICULTRAL RESOURCES -(In determining
whether impacts to agricultural resources are significant
environmental effects, lead agencies may refer to the
California Agricultural Land Evaluation and Site
Assessment Model-1997 prepared by the California
Department of Conservation as an optional model to use
in assessing impacts on agriculture and farmland.) Would
the project:
a) Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland), as
shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of the
California Resources Agency, to non-agricultural
use?
b) Conflict with existing zoning for agricultural use, or
a Williamson Act contract?
c) Involve other changes in the existing environment,
which, due to their location or nature, could result in
conversion of Farmland to non-agricultural use?
III. AIR QUALITY -(Where available, the significance
criteria established by the applicable air quality
management or air pollution control district may be relied
upon to make the following determinations.) Would the
project:
a) Conflict with or obstruct implementation of the
applicable air quality plan?
b) Violate ap.y air quality standard or contribute
substantially to an existing or projected air quality
violation?
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Rev. 07/26/02
Issues (and Supporting Information Sources).
(Supplemental documents may be referred to and attached.)
c) Result in a cumulatively considerable net increase of
any criteria pollutant for which the project region is
in non-attainment under an applicable federal or state
ambient air quality standard (including releasing
emissions which exceed quantitative thresholds for
ozone precursors)?
d) Expose sensitive receptors to substantial pollutant
concentrations?
e) Create objectionable odors affecting a substantial
number of people?
IV. BIOLOGICAL RESOURCES -Would the project:
a) Have a substantial adverse effect, either directly or
through habitat modifications, on any species
identified as a candidate, sensitive, or special status
species in local or regional plans, policies, or
regulations, or by California Department of Fish and
Game or U.S. Fish and Wildlife Service?
b) Have a substantial adverse effect on any riparian,
aquatic or wetland habitat or other sensitive natural
community identified in local or regional plans,
policies, or regulations or by California Department
of Fish and Game or U.S. Fish and Wildlife Service?
c) Have a substantial adverse effect on federally
protected wetlands as defined by Section 404 of the
Clean Water Act (including but not limited to marsh,
vernal pool, coastal, etc.) through direct removal,
filing, hydrological interruption, or other means?
d) Interfere substantially with the movement of any
native resident or migratory fish or wildlife species
or with established native resident or migratory
wildlife corridors, or impede the use of native
wildlife nursery sites?
e) Conflict with any local policies or ordinances
protecting biological resources, such as a tree
preservation policy or ordinance?
f) Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community Conservation
Plan, or other approved local, regional, or state
habitat conservation plan?
g) Impact tributary areas that are environmentally
sensitive?
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Rev. 07/26/02
Issues (and Supporting Information Sources).
(Supplemental documents may be referred to and attached.)
V. CULTURAL RESOURCES-Would the project:
a) Cause a substantial adverse change in the
significance of a historical resource as defined in
§15064.5?
b) Cause a substantial adverse change in the signifi
cance of an archeological resource pursuant to
§15064.5?
c) Directly or indirectly destroy a unique paleontologi
cal resource or site or unique geologic feature?
d) Disturb any human remains, including those interred
outside of formal cemeteries?
VI. GEOLOGY AND SOILS -Would the project:
a) Expose people or structures to potential substantial
adverse effects, including the risk of loss, injury or
death involving:
i. Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the
State Geologist for the area or based on other
substantial evidence of a known fault? Refer to
Division of Mines and Geology Special
Publication 42.
ii. Strong seismic ground shaking?
iii. Seismic-related ground failure, including
liquefaction?
iv. Landslides?
b) Result in substantial soil erosion or the loss of
topsoil?
c) Be located on a geologic unit or soil that is unstable,
or that would become unstable as a result of the
project, and potentially result in on-or off-site
landslide, lateral spreading, subsidence, liquefaction,
or collapse?
d) Be located on expansive soils, as defined in Table 18
-1-B of the Uniform Building Code (1997), creating
substantial risks to life or property?
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Impact
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No
Impact
Rev. 07/26/02
Issues (and Supporting Information Sources).
(Supplemental documents may be referred to and attached.)
e) Have soils incapable of adequately supporting the
use of septic tanks or alternative wastewater disposal
systems where sewers are not available for the
disposal of wastewater?
VII. HAZARDS AND HAZARDOUS MATERIALS -
Would the project:
a) Create a significant hazard to the public or the
environment through the routine transport, use, or
disposal of hazardous materials?
b) Create a significant hazard to the public or
environment through reasonably foreseeable upset
and accident conditions involving the release of
hazardous materials into the environment?
c) Emit hazardous emissions or handle hazardous or
acutely hazardous materials, substances, or waste
within one-quarter mile of an existing or proposed
school?
d) Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a result,
would it create a significant hazard to the public or
environment?
e) For a project within an airport land use plan, or
where such a plan has not been adopted, within two
miles of a public airport or public use airport, would
the project result in a safety hazard for people
residing or working in the project area?
f) For a project within the vicinity of a private airstrip,
would the project result in a safety hazard for people
residing or working in the project area?
g) Impair implementation of or physically interfere with
an adopted emergency response plan or emergency
evacuation plan?
h) Expose people or structures to a significant risk of
loss, injury or death involving wildland fires,
including where wildlands are adjacent to urbanized
areas or where residences are intermixed with
wildlands?
VIII. HYDROLOGY AND WATER QUALITY-Would the
project:
a) Violate any water quality standards or waste
discharge requirements?
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No
Impact
Rev. 07 /26/02
Issues (and Supporting Information Sources).
(Supplemental documents may be referred to and attached.)
b) Substantially deplete groundwater supplies or
interfere substantially with ground water recharge
such that there would be a net deficit in aquifer
volume or a lowering of the local ground water table
level (i.e., the production rate of pre-existing nearby
wells would drop to a level which would not support
existing land uses or planned uses for which permits
have been granted)?
c) Impacts to groundwater quality?
d) Substantially alter the existing drainage pattern of the
site or area, including through the alteration of the
course of a stream or river, in a manner, which would
result in substantial erosion or siltation on-or off
site?
e) Substantially alter the existing drainage pattern of the
site or area, including through the alteration of the
course of a stream or river, or substantially increase
the flow rate or amount (volume) of surface runoff in
a manner, which would result in flooding on-or off
site?
f) Create or contribute runoff water, which would
exceed the capacity of existing or planned
stormwater drainage systems or provide substantial
additional sources of polluted runoff?
g) Otherwise substantially degrade water quality?
h) Place housing within a 100-year flood hazard area as
mapped on a Federal Flood Hazard Boundary or
Flood Insurance Rate Map or other flood delineation
map?
i) Place within 100-year flood hazard area structures,
which would impede or redirect flood flows?
j) Expose people or structures to a significant risk of
loss injury or death involving flooding, including
flooding as a result of the failure of a levee or dam?
k) Inundation by seiche, tsunami, or mudflow?
1) Increased erosion (sediment) into receiving surface
waters.
m) Increased pollutant discharges ( e.g., heavy metals,
pathogens, petroleum derivatives, synthetic organics,
nutrients, oxygen-demanding substances and trash)
into receiving surface waters or other alteration of
receiving surface water quality ( e.g., temperature,
dissolved oxygen or turbidity)?
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Rev. 07 /26/02
Issues (and Supporting Information Sources).
(Supplemental documents may be referred to and attached.)
n) Changes to receiving water quality (marine, fresh or
wetland waters) during or following construction?
o) Increase in any pollutant to an already impaired
water body as listed on the Clean Water Act Section
303(d) list?
p) The exceedance of applicable surface or groundwater
receiving water quality objectives or degradation of
beneficial uses?
IX. LANDUSE AND PLANNING -Would the project:
a) Physically divide an established community?
b) Conflict with any applicable land use plan, policy, or
regulation of an agency with jurisdiction over the
project (including but not limited to the general plan,
specific plan, local coastal program, or zoning
ordinance) adopted for the purpose of avoiding or
mitigating an environmental effect?
c) Conflict with any applicable habitat conservation
plan or natural community conservation plan?
X. MINERAL RESOURCES -Would the project:
a) 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?
b) Result in the loss of availability of a locally
important mineral resource recovery site delineated
on a local general plan, specific plan, or other land
use plan?
XI. NOISE -Would the project result in:
a) Exposure of persons to or generation of noise levels
in excess of standards established in the local general
plan or noise ordinance or applicable standards of
other agencies?
b) Exposure of persons to or generation of excessive
groundbourne vibration or groundboume noise
levels?
c) A substantial permanent increase in ambient noise
levels in the project vicinity above levels existing
without the project?
d) A substantial temporary or periodic increase in
ambient noise levels in the project vicinity above
levels existing without the project?
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Impact
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~
@"
Rev. 07 /26/02
Issues (and Supporting Information Sources).
(Supplemental documents may be referred to and attached.)
e) For a project located within an airport land use plan
or, where such a plan has not been adopted, within 2
miles of a public airport or public use airport, would
the project expose people residing or working in the
project area to excessive noise levels?
t) For a project within the vicinity of a private airstrip,
would the project expose people residing or working
in the project area to excessive noise levels?
XII. POPULATION AND HOUSING -Would the project:
a) Induce substantial growth in an area either directly
(for example, by proposing new homes and
businesses) or indirectly (for example, through
extension of roads or other infrastructure)?
b) Displace substantial numbers of existing housing,
necessitating the construction ofreplacement housing
elsewhere?
c) Displace substantial numbers of people, necessitating
the construction of replacement housing elsewhere?
XIII. PUBLIC SERVICES
a) Would the project result in substantial adverse
physical impacts associated with the provision of
new or physically altered government facilities, a
need for new or physically altered government
facilities, the construction of which could cause
significant environmental impacts, in order to
maintain acceptable service ratios, response times, or
other performance objectives for any of the public
services:
i) Fire protection?
ii) Police protection?
iii) Schools?
iv) Parks?
v) Other public facilities?
XIV. RECREATION
a) Would the project
neighborhood and
recreational facilities
deterioration of the
accelerated?
increase the use of existing
regional parks or other
such that substantial physical
facility would occur or be
11
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Impact
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Rev. 07 /26/02
Issues (and Supporting Information Sources).
(Supplemental documents may be referred to and attached.)
b) Does the project include recreational facilities or
require the construction or expansion of recreational
facilities, which might have an adverse physical
effect on the environment?
XV. TRANSPORTATION/TRAFFIC -Would the project:
a) Cause an increase in traffic, which is substantial in
relation to the existing traffic load and capacity of the
street system (i.e., result in a substantial increase in
either the number of vehicle trips, the volume to
capacity ratio on roads, or congestion at
intersections)?
b) Exceed, either individually or cumulatively, a level
of service standard established by the county
congestion management agency for designated roads
or highways?
c) Result in a change in air traffic patterns, including
either an increase in traffic levels or a change in
location that results in substantial safety risks?
d) Substantially increase hazards due to a design feature
(e.g., sharp curves or dangerous intersections) or
incompatible uses (e.g., farm equipment)?
e) Result in inadequate emergency access?
f) Result in insufficient parking capacity?
g) Conflict with adopted policies, plans, or programs
supporting alternative transportation (e.g., bus turn
outs, bicycle racks)?
XVI. UTILITIES AND SERVICES SYSTEMS -Would the
project:
a) Exceed wastewater treatment requirements of the
applicable Regional Water Quality Control Board?
b) Require or result in the construction of new water or
wastewater treatment facilities or expansion of
existing facilities, the construction of which would
cause significant environmental effects?
c) Require or result in the construction of new storm
water drainage facilities or expansion of existing
facilities, the construction of which could cause
significant environmental effects?
d) Have sufficient water supplies available to serve the
project from existing entitlements and resources, or
are new or expanded entitlements needed?
12
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Impact
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Rev. 07 /26/02
Issues (and Supporting Information Sources).
(Supplemental documents may be referred to and attached.)
e) Result in a determination by the wastewater
treatment provider, which serves or may serve the
project that it has adequate capacity to serve the
project's projected demand in addition to the
provider's existing commitments?
f) Be served by a landfill with sufficient permitted
capacity to accommodate the project's solid waste
disposal needs?
g) Comply with federal, state, and local statutes and
regulations related to solid waste?
XVII. MANDATORY FINDINGS OF SIGNIFICANCE
a) Does the project have the potential to degrade the
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
limited, but cumulatively considerable? ("Cumula
tively 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 cause the substantial adverse effects on human
beings, either directly or indirectly?
XVIII. EARLIER ANALYSES
Potentially
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Impact
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Mitigation
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Less Than
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Impact
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No
Impact
Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or
more effects have been adequately analyzed in an earlier EIR or negative declaration. Section
15063(c)(3)(D). In this case a discussion should identify the following on attached sheets:
a) Earlier analyses used. Identify earlier analyses and state where they are available for review.
b) Impacts adequately addressed. Identify which effects from the above checklist were within the
scope of and adequately analyzed in an earlier document pursuant to applicable legal standards,
and state whether such effects were addressed by mitigation measures based on the earlier
analysis.
c) Mitigation measures. For effects that are "Less Than Significant with Mitigation Incorporated,"
describe the mitigation measures, which were incorporated or refined from the earlier document
and the extent to which they address site-specific conditions for the project.
13 Rev. 07/26/02
DISCUSSION OF ENVIRONMENTAL EVALUATION
AIR QUALITY-Would the project:
a) Conflict with or obstruct implementation of the applicable air quality plan?
No Impact. The project site is located in the San Diego Air Basin which is a federal and state non-attainment area
for ozone (03), and a state non-attainment area for particulate matter less than or equal to 10 microns in diameter
(PM10). The periodic violations of national Ambient Air Quality Standards (AAQS) in the San Diego Air Basin
(SDAB), particularly for ozone in inland foothill areas, requires that a plan be developed outlining the pollution
controls that will be undertaken to improve air quality. In San Diego County, this attainment planning process is
embodied in the Regional Air Quality Strategies (RAQS) developed jointly by the Air Pollution Control District
(APCD) and the San Diego Association of Governments (SANDAG).
A plan to meet the federal standard for ozone was developed in 1994 during the process of updating the 1991 state
mandated plan. This local plan was combined with plans from all other California non-attainment areas having
serious ozone problems and used to create the California State Implementation Plan (SIP). The SIP was adopted by
the Air Resources Board (ARB) after public hearings on November 9th through 10th in 1994, and was forwarded to
the Environmental Protection Agency (EPA) for approval. After considerable analysis and debate, particularly
regarding airsheds with the worst smog problems, EPA approved the SIP in mid-1996.
The proposed project relates to the SIP and/or RAQS through the land use and growth assumptions that are
incorporated into the air quality planning document. These growth assumptions are based on each city's and the
County's general plan. If a proposed project is consistent with its applicable General Plan, then the project
presumably has been anticipated with the regional air quality planning process. Such consistency would ensure that
the project would not have an adverse regional air quality impact.
Section 15125(B) of the State of California Environment Quality Act (CEQA) Guidelines contains specific
reference to the need to evaluate any inconsistencies between the proposed project and the applicable air quality
management plan. Transportation Control Measures (TCMs) are part of the RAQS. The RAQS and TCM plan set
forth the steps needed to accomplish attainment of state and federal ambient air quality standards. The California
Air Resources Board provides criteria for determining whether a project conforms with the RAQS which include the
following:
• Is a regional air quality plan being implemented in the project area?
• Is the project consistent with the growth assumptions in the regional air quality plan?
The project area is located in the San Diego Air Basin, and as such, is located in an area where a RAQS is being
implemented. The project is consistent with the growth assumptions of the City's General Plan and the RAQS.
Therefore, the project is consistent with the regional air quality plan and will in no way conflict or obstruct
implementation of the regional plan.
b) Violate any air quality standard or contribute substantially to an existing or projected air quality
violation?
Less Than Significant Impact. The closest air quality monitoring station to the project site is in the City of
Oceanside. Data available for this monitoring site through April, 2002 indicate that the most recent air quality
violations recorded were for the state one hour standard for ozone (one day in both 2000 and 2001) and one day in
2001 for the federal 8-hour average for ozone and one day for the 24-hour state standard for suspended particulates
in 1996. No violations of any other air quality standards have been recorded recently. If there is grading associated
with the project, the project would involve minimal short-term emissions associated with grading and construction.
Such emissions would be minimized through standard construction measures such as the use of properly tuned
equipment and watering the site for dust control. Long-term emissions associated with travel to and from the project
will be minimal. Although air pollutant emissions would be associated with the project, they would neither result in
the violation of any air quality standard ( comprising only an incremental contribution to overall air basin quality
readings), nor contribute substantially to an existing or projected air quality violation. Any impact is assessed as
less than significant.
c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project
region is non-attainment under an applicable federal or state ambient air quality standard?
14 Rev. 07 /26/02
..
Less Than Significant Impact. The Air Basin is currently in a non-attainment zone for ozone and suspended fine
particulates. The proposed project would represent a contribution to a cumulatively considerable potential net
increase in emissions throughout the air basin. As described above, however, emissions associated with the
proposed project would be minimal. Given the limited emissions potentially associated with the proposed project,
air quality would be essentially the same whether or not the proposed project is implemented. According to the
CEQA Guidelines Section 15130 (a)(4), the proposed project's contribution to the cumulative impact is considered
de minimus. Any impact is assessed as less than significant.
EARLIER ANALYSIS USED AND SUPPORTING INFORMATION SOURCES
The following documents were used in the analysis of this project and are on file in the City of Carlsbad Planning
Department located at 1635 Faraday Avenue, Carlsbad, California, 92008.
1. Final Master Environmental Impact Report for the City of Carlsbad General Plan Update (MEIR 93-01).
City of Carlsbad Planning Department. March 1994.
15 Rev. 07/26/02
LIST OF MITIGATING MEASURES (IF APPLICABLE)
ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE)
16 Rev. 07 /26/02
Form No.1341. EAGLE
ALTA Plain Language Owner's Policy (6/87)
EAGLE Protection Added (2/10/97)
:qJ)~ o/~~ GJY~
First American Title Insurance Company
EAGLE Protection Owner's Policy
ONE-TO-FOUR FAMILY RESIDENCES
OWNER'S COVERAGE STATEMENT
This Policy insures your title to the land described in Schedule A-if that land
is a one-to-four family residential lot or condominium unit.
Your insurance, as described in this Coverage Statement, is effective on the
Policy Date shown in Schedule A.
Your insurance is limited by the following:
• Exclusions on page 2
• Exceptions in Schedule B
• Conditions on pages 3 and 4
We insure you against actual loss resulting from:
• any title risks covered by this Policy -up to the Policy Amount
and
• any costs, attorneys' fees and expenses we have to pay under this Policy
COVERED TITLE RISKS
~ This Policy covers the following title risks if they affect your title on the Policy
Date or, to the extent expressly stated below, if they affect your title after the
Policy Date. Some of these Covered Title Risks will be subject to a separate
deductible amount and to maximum dollar limits which are less than the Policy
Amount when expressly stated below. These Covered Title Risks are:
1. Someone else owns an interest in your title.
2. A document is not properly signed, sealed, acknowledged, or delivered.
3. a. Forgery, fraud, duress, incompetency, incapacity or impersonation;
b. Forgery after the Policy Date of an instrument by which someone else
claims to own an interest in or have a lien on your title.
4. Defective recording of any document.
5. You do not have any legal right of pedestrian and vehicular access to and
from the land.
6. There are restrictive covenants limiting your use of the land.
7. There is a lien on your title because ol:
a. a mortgage or deed of trust
b. a judgment, tax, or special assessment
c. a charge by a ilomeowner's or condominium association
8. There are liens on your title, arising now or later, for labor and material
furnished before the Policy Date -unless you agreed to pay for the labor and
material.
9. Others have rights arising out of leases, contracts, or options.
10. Someone else has an easement on your land.
11. Your title is unmarketable, which allows another person to refuse to perform
a contract to purchase, to lease or to make a mortgage loan.
12. You are forced to remove your existing structure -other than a boundary
wall or fence -because:
• a. it extends on to adjoining land or on to any easement
b. it violates a restriction shown in Schedule B
c. it violates an existing zoning law
d. any portion of it was built without obtaining a building permit from the
proper government office or agency. Your insurance under this llem
12d is limited to your actual loss in excess of a deductible amount
equal to one percent (1 %) of the Policy Amount and to our maximum
dollar limit of liability of $25,000
13. You cannot use the land because use as a single-family residence violates a
restriction shown in Schedule B or an existing zoning law.
'¥'
~
'¥'
~
14. Someone else seeks to take away your title because of a violation of a restriction shown in Schedule B which happened before you became the owner of your land.
15. Someone else 1ieeks"to enforce a restriction shown in Schedule B because
of a violation on your land, other than a violation already covered by Items
12b, 13 or 14, which happened before you became the owner of your land.
Your insurance under this Item 15 is limited to your actual loss in excess of
a deductible amount equal to one percent (1 %) of the Policy Amount, but
not to exceed the Policy Amount.
16. Someone else refuses to perform a contract to purchase, to lease or to make a
mortgage loan because of any violation on your land of any restrictions shown
in Schedule B which happened before you became the owner of your land.
17. Someone else, after the Policy Date, builds a structure -other than a
boundary wall or fence -which encroaches on to your land.
18. You cannot obtain a building permit for your land, or someone else refuses to
perform a contract to purchase, to lease or to make a mortgage loan on your
land, because at Policy Date it violates an existing subdivision law. Your
insurance under this Item 18 is limited to your actual loss in excess of a
deductible amount equal to one percent (1%) of the Policy Amount and to our
maximum dollar limit of liability of $10,000.
19. Your existing structure, or any part of it, or a structure you may build after the Policy Date as a replacement of or modification to the existing structure,
or any part of it, is damaged because another person uses the surface of
your land for the extraction or development of minerals owned by them.
20. The map attached to this Policy does not show the same location and
dimensions of your land as those shown in the public records.
21. Other defects, liens or encumbrances.
COMPANY'S DUTY TO DEFEND AGAINST COURT CASES
We will defend your title in any court case as to that part of the case that is based
on a Covered Title Risk insured against by this Policy. We will pay the costs,
attorneys' fees, and expenses we incur in that defense.
We can end this duty to defend your title by exercising any of our options listed
in Item 4 of the Conditions.
This Policy is not complete without Schedules A and B.
First American Title Insurance Company
m if~✓.~ eRESIDEm
ATTEST /J1 lt1,,f ti'-~ , . ,SECRETARY
O. 1341.EAGLE ORDER NO. 1150793-4
VPLAIN LANGUAGE OWNER'S POLICY (6/87)
SC SCHEDULE A
POLICY NO.: 1150793-4
POLICY AMOUNT $1,000,000.00 PREMIUM $2,884.20
POLICY DATE: APRIL 1, 1997 AT 8:00 A.M.
1 . NAME OF INSURED :
MICHAEL BAGNALL AND EMILY BAGNALL, TRUSTEES OF THE EMILY AND
MICHAEL BAGNALL FAMILY TRUST DATED DECEMBER 5, 1985
2. YOUR INTEREST IN THE LAND COVERED BY THIS POLICY IS:
FEE
3. THE LAND REFERRED TO. IN THIS POLICY IS DESCRIBED AS FOLLOWS:
SEE EXHIBIT "1" ATTACHED HERETO
PAGE 1
Ol/o'5 '00 23:51 ID:LANI6ii~X3800
. ·--··-----· .. __ _
J;l)Ct:>Rl)l!D fll)QllC".$1" OF
Fffiln' AMRRlC"A/\' TITl,t
Mlcho019a9nall :and £:mlly Bognall
P .o. llo:;r; ,ol
ian~)IO s~ntl! F~. CA 92067
FAX:
·•-···--PAGE
~
249
Tl U£: ElPACS FOi\ J1EcollOFR'S usE.P..:..:N.:.;LY_, ---4~r.-¥"'-'-;;;;r'. •/
. ,I
FS~0WNO, 00760-K 'tlTLI! ORD!:H NI I,
INDIVIDYAb GRANT PEED l"ii:-13-e A11111~l1:"•~-Ti.de Co.
TH.E UN!JeflSl(:iNED BFIANTOli(S) DeCL.1\1'1:M
DOQUMEI\IT.A.RV TAA.NSFER TA~ lS t
I ] computArl nn full v11111,1e Of property ,;1,11111eyed, ~r
! J 0cmput11.J on full v11lue lc:19 \111lue of liens or eni:umbr11nGoll remaining 1St li,ne of 111111'1.
I J Ul'llncorl)Or.llted ar11111 (X I City of l;arlell~rJ, AN1'
FOR A VALUABLE CONSIDERATION, tflceipt of ythfch IG hereby 111cknowledl1ed,
Jud~ S. 1Cl9ht and Arthur W. 9plve,, Co-Tru$oteea of 1na Arthur Spivey T~~llll'lcn\l\ry Tru;t Ect.
Rl18/81, n W 111n 11nl!1Ylded 011■-half lnt1111111t ond Judi#> S. Kight ,ind Arthur W, tiJ)h1oy, Co-Trust.ts
UPT dt1t11d 9/21/89, ae to ao undivided une·hlllt lnter~t
h11t'Blly GRA~ls) to:
~WILA1'1.i BAC.qi\J-1. .ANP EMILY llAONALL, TTustu1i of The Bmily and HichQal Basnall Fa~~1y T~u~t. d•~e~ n~cembaL S, 198S,
the reni ~roporty In u,~ city of Carlsbad, C1>un.y of San Diego, ~tlltn of C:Dllfornh1, l.!tscrlbied "!!'.
Lot 11 0111,rra del Oro Subllivl&ion, In the Cl,:Y of C1ub,b11d, Ocunty Of $an Plego, Srare uf Cellfori,le,
acffldlng io M■p th•t•o'f Nn. 3052, filed In in, Off11ia of th11 County RecordOI' of S111, Dl11uo Caunq,.
F11bru11y 4, 'l9SQ..
1::\11:eept!no thetoftom eny pnrtlon nC1W or nsretoforo lylny b11tow the mean high tldo lin11 of 1hP. Pacilfl;;
Oc::ean.
l:ll\1W Foeri."lY 7, 1'-1117
lil"ATE or CALIFORN)1'
COUNT'( or-------
I prollGd \0 ,n~ en "ii.e hAAl• of
D8 thl! 1Jora11J1($I n'l'lof6 nem,1~>
f ls/A,,. •11b1c.ribed wlthin ln1trum~l'II ~nd ack1iulo"llwJ11ed
t11 ma 111P1 ho1,n,1111•y .,,,.,,,.,.od tha 111mu In hle/hlll'IUl1lr
~11fflorlz1d oaµa~ltvllu), ,i,a tnot bV lll•/l11r/1h0Jr ~n•tut&l~I
on iho lris1tt.1mont tl'l1> Pl!fJ.nnM, gr the e1111t)' 1,1p0r, 00no11 01
wt,lc:ll 1n, i,n,o,,(,l ~c.ted.. ex•~t<!d the Jnatwment
WITNES, my hll'ld Md ofll~l•l •uul. ,.
l;liy1141turo _________ ~--
S"EE A.UTlRlUiS A110V.6
-----------------------------------Order: TOF: TW SD 1997-147079 P0.gc; 1 of 2
..
2
011·05 '00 23:52 FAX:
•· r • • •
...
NAM!: OF DO~UMENT:...... ll'\cl;l.vill11,t1l G1·anr: n._.,_d
DATE Or OOCUMENTt . Ft!!bHlll~·r 1. 1997
STAT[: or ~A nmIANA
COUNTY or-__ 1{en~J:;1.Clke ···----~----· ... ···--
On ___ IJ'ki&of., '1/1'7'/Z .. ____ _
l>vftiro me, ihe Under.&lonsd, a Notary Public 111 and for cald Slate; per$Ol'lally epp(l11r1;1\!
.... ,.;~~~u~·. KIGll't AND ARTHUR w .... .§!.~!ftffjtt!'l(li(IP;ltlt,lt!IIUHjjl
per11Qnally l(nown lo Ill(~ (or pro"'Qlj 10 me on lhD baGI~ nf 111111.~faelory i,vld1mr,-ej to bo ti,e pe111on($) WilDSfl
nam11(a) ~/1'..r .. .i;iJbsorll;,w 1a the within ln~trum~nl t1nd acknCJWlmlul:'O tom~ \llttiilai(flbD/lhoy exer.ul,ir,I "'"'
11iimo In blr}IB.ftltP.h aurtiorlz.ed cap::1clty(IGtt}. and the! by ~rf1Jiglr i;l51mdurc(s) on the lns,rumenl Ilia
per11nn{!I), or thl!' ~rillty up011 l::lr;ih~lf of Whir.h lh& p~rso11(s) acted, ex9cutod IJlll ln$trllm<mt.
WITNEfl$ my Mncl a11d uffic.lal oaQI,
,C,fgnaturi;i ~J-~ /2~,uyJ
.iuJM'RIDENOUR •
PAGE
;__,.;..___,..,___. _____ ..... --------_, ______ _
TOF; TW SD 1997-147079 Pag~: 2 of 11
3
NO. 1341.EAGLE
#"PLAIN LANGUAGE OWNER'S POLICY (6/87)
SCHEDULE B
EXCEPTIONS
ORDER NO. 1150793-4
IN ADDITION TO THE EXCLUSIONS, YOU ARE NOT INSURED AGAINST LOSS,
COSTS, ATTORNEYS' FEES, AND EXPENSES RESULTING FROM:
1. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1997-1998, A
LIEN, NOT YET PAYABLE.
2. THE LIEN OF SUPPLEMENTAL TAXES OR ASSESSMENTS, IF ANY,
ASSESSED PURSUANT TO CHAPTER 3. 5 COMMENCING WITH SECTION 75 OF
THE CALIFORNIA REVENUE AND TAXATION CODE AND ANY OTHER
APPLICABLE STATUTES OF THE CALIFORNIA REVENUE AND TAXATION
CODE.
3. AN EASEMENT WITHIN THE SOUTHERLY 3 FEET FOR DRAINAGE AND
INCIDENTAL PURPOSES AS SHOWN ON THE MAP OF SAID TRACT.
4. COVENANTS, CONDITIONS AND RESTRICTIONS, BUT DELETING ANY
COVENANT, CONDITION OR RESTRICTION INDICATING A PREFERENCE,
LIMITATION OR DISCRIMINATION BASED ON RACE, COLOR, RELIGION,
SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN TO THE
EXTENT SUCH COVENANTS, CONDITIONS OR RESTRICTIONS VIOLATE 42
use 3604(C), IN AN INSTRUMENT RECORDED FEBRUARY 4, 1954 IN
BOOK 5132, PAGE 44 OF OFFICIAL RECORDS.
SAID INSTRUMENT PROVIDES THAT A VIOLATION THEREOF SHALL
NEITHER DEFEAT NOR RENDER INVALID THE LIEN OF ANY MORTGAGE OR
DEED OF TRUST MADE FOR VALUE.
AN INSTRUMENT DECLARING A MODIFICATION OF SAID COVENANTS,
CONDITIONS AND RESTRICTIONS WAS RECORDED FEBRUARY 13, 1958 IN
BOOK 6948, PAGE 511 OF OFFICIAL RECORDS.
5. ANY ADVERSE CLAIM BASED UPON THE ASSERTION THAT SOME PORTION
OF SAID LAND IS TIDE OR SUBMERGED LANDS, OR HAS BEEN CREATED
BY ARTIFICIAL MEANS OR HAS ACCRETED TO SUCH PORTION SO
CREATED.
6. AN EASEMENT FOR INGRESS AND EGRESS TO THE PACIFIC OCEAN AREA
LYING BELOW THE MEAN HIGH TIDE LINE AND INCIDENTAL PURPOSES IN
FAVOR OF FRED W. MAERKLE, ET AL, RECORDED APRIL 14, 1972 AS
FILE ·No. 93051 OF OFFICIAL RECORDS, LOCATED WITHIN THE
PAGE 2
.\ ~I I: f< I
-:~ ~ ~
(•
·I ·/·
~O. 1341.EAGLE
LAIN LANGUAGE OWNER'S POLICY {6/87)
SOUTHERLY 3 FEET OF LOT 11.
ORDER NO. 1150793-4
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
SAID DOCUMENT CONTAINS TERMS AND CONDITIONS FOR SAID EASEMENT.
7. COVENANTS, CONDITIONS AND RESTRICTIONS, BUT DELETING ANY
COVENANT, CONDITION OR RESTRICTION INDICATING A PREFERENCE,
LIMITATION OR DISCRIMINATION BASED ON RACE, COLOR, RELIGION,
SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN TO THE
EXTENT SUCH COVENANTS, CONDITIONS OR RESTRICTIONS VIOLATE 42
USC 3604(C), IN AN INSTRUMENT RECORDED FEBRUARY 27, 1979 AS
FILE NO. 79-084349 OF OFFICIAL RECORDS.
8. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL
PRINCIPAL SUM OF $700,000.00, AND ANY OTHER AMOUNTS OR
OBLIGATIONS SECURED THEREBY, RECORDED APRIL 1, 1997 AS FILE
NO. 1997-0147080 OF OFFICIAL RECORDS.
DATED: MARCH 20, 1997
TRUSTOR: MICHAEL BAGNALL AND EMILY BAGNALL, TRUSTEE OF
THE EMILY AND MICHAEL BAGNALL FAMILY TRUST,
DATED DECEMBER 5, 1985
TRUSTEE : EQUITABLE DEED COMPANY, A CALIFORNIA
CORPORATION
BENEFICIARY: BANK OF AMERICA, FEDERAL SAVINGS BANK, WHICH
IS ORGANIZED AND EXISTING UNDER THE LAWS OF
THE UNITED STATES OF AMERICA
PAGE 3
•
~O. 1341.EAGLE
-~PLAIN LANGUAGE OWNER'S POLICY {6/87)
ORDER NO. 1150793-4
EXHIBIT 11 1 11
LOT 11 OF TIERRA DEL ORO SUBDIVISION, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF
NO. 3052, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, FEBRUARY 4, 1954.
EXCEPTING THEREFROM ANY PORTION NOW OR HERETOFORE LYING BELOW THE
MEAN HIGH TIDE LINE OF THE PACIFIC OCEAN.
PAGE 4
TIERRA DEL ORO
CARLSBAD BOULEVARD
,$J,
~' " 'I
" (
.. 15 i, .. ~
,li. ------.~ ~ ..
,;
L
(1",,,.m,rly
_ _,,,,__,,
,,,,Q;-
~ ~ 14 13 ::~ 'Ii
~ .~ .~
~. .. t
i • i ; ~ l r. I). ;:~ -1$ !: ; ~
() /''.6•~. ··-· • 1 . .. _ .,,.4,. /\/
This Is not a survey of the land but Is compiled
for Information by the First American rrtle Insurance
Company from data shown by the ottlclal records.
~
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~ 8 il
r ' ' .,
~
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17
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ii . ,: ..
MAP NO. 3052
--·
SHEET 2 OF 2 SHEETS
TA• 64-II.J ,, /INV'/A,I /'.I' I#,, ,111,rHf~
/4 M-1 i\'Nllt,rJi, /.111, ,, ~,I, IJJ ~dlll
N n,,.,,,,,..,,-U,r/1 NAJ,Jtl#,11 A'l.2Sll1 (,· •. N.ll•~t~II -:,:J
•J,,i.f~-,,, ,.~ ~•p;., '"'"''1~,1
V4fl.t~ 11,A1rw/.11 ;ft'k,-..
01,,~-u,1,, n .. ,,,,, 1.1,,,..,;,;w ~rus..&_
PA/,A.J '1/h,,.,,,,':11-N4!,.,,, ~
eJ,,,;~,/~,1 ,,, a• ,✓,P, NIM
A/I', I/IF :,;,_,.