HomeMy WebLinkAboutCT 00-13; Tabata; Tentative Map (CT) (2)CITY OF CARLSBAD
LAND USE REVIEW APPLICATION
1) APPLICATIONS APPLIED FOR: (CHECK BOXES)
(FOR DEPARTMENT
USE ONLY)
(FOR DEPARTMENT
USE ONLY)
• Administrative Permit - 2nd
Dwelling Unit
• Planned Industrial Permit
• Administrative Variance • Planning Commission
Determination
Coastal Oevelopment Permit • Precise Development Plan
• Conditional Use Permit • Redevelopment Permit
• Condominium Permit • Site Development Plan
Environmentai Impact
Assessment
• Speciai Use Permit
• General Plan Amendment • Specific Plan
• Hillside Development Permit • Tontotivo Porool Map
Obtain from Engineering Department
m Local Coastal Plan Amendment L(JPf^D004 Tentative Tract Map croa)o/2>
• Master Plan • Variance
• Non-Residential Planned
Development m Zone Change
• Planned Development Permit • List other applications not
specified
2) ASSESSOR PARCEL NO(S).: 215-040-04
3) PROJECT NAME: Tabata
• 4) BRIEF DESCRIPTION OF PROJECT: Tentative Map, Coastal Development Perinit, Zone
5) OWNER NAME {Print or Type)
Brehm-Aviara Group, LLC
6) APPLICANT NAME (Print or Type}
The Brehm Companies
MAILING ADDRESS
5770 Oberlin Drive
MAILING ADDRESS
5770 Oberlin Drive
CITY AND STATE ZIP TELEPHONE
San Diego, CA 92121 (858) 453-3040
CITY AND STATE ZIP TELEPHONE
San Diego, CA 92121 (858) 453-3040
1 CERTIFY THAT 1 AM THE LEGAL OWNER AND THAT ALL THE ABOVE
INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY
1<N0VVi:^DGE. /)
1 CERTIFY THAT 1 AM THE LEGAL REPRESENTATIVE OF THE
OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND
CORRECT TO THE BEST OF MY KNOWLEDGE.
SIGNATURE"^ DATE SIGNATURE DATE
7) BRIEF LEGAL DESCRIPTION North half of NW 1/4 of the NW 1/4 of the NE 1/4
of Sec. 27, T12S, R4W in the City of Carlsbad
NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPUCATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30 P.M.
A PROPOSED PROJECT REQUIRING ONLY ONE APPUCATION BE FILED, MUST BE SUBMITTED PRIOR TO 4:00 P.M.
Form 16 0^^00030 PAGE 1 OF
8) LOCATION OF PROJECT:
ON THE
BETWEEN
south
STREET ADDRESS
SIDE OF Poinsettia Lane
(NORTH, SOUTH, EAST, WEST) (NAME OF STREETI
Cabela Place AND
(NAME OF STREET)
Black Rail Road
(NAME OF STREET)
9) LOCAL FACILITIES MANAGEMENT ZONE
10) PROPOSED NUMBER OF LOTS
19
1 3) TYPE OF SUBDIVISION
16) PERCENTAGE OF PROPOSED
PROJECT IN OPEN SPACE
19) GROSS SITE ACREAGE
22) EXISTING ZONING
17
RES
5.0
L-C
11) NUMBER OF EXISTING
RESIDENTIAL UNITS
14) PROPOSED IND OFFICE/
SQUARE FOOTAGE
17) PROPOSED INCREASE IN
ADT
20) EXISTING GENERAL
PLAN
23) PROPOSED ZONING
1 70
RLM
R-1
12) PROPOSED NUMBER OF
RESIDENTIAL UNITS
15) PROPOSED COMM
SQUARE FOOTAGE
18) PROPOSED SEWER
USAGE IN EDU
21) PROPOSED GENERAL
PLAN DESIGNATION
17
17
RLM
24) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY
STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMEBERS OR CITY COUNCIL MEMBERS
TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT
TO£MiaY FOR THIS PWflPOSE
SIGMATURE
FOR CITY USE ONLY
FEE COMPUTATION
APPLICATION TYPE
TOTAL FEE REQUIRED
FEE REQUIRED
RECEIVED BY:
DATE FEE PAID RECEIPT NO.
Form 16 PAGE 2 OF
Cii% of Carlsbad fi
1635 E?araday Avenue Carlsbad CA 92008
Applicant: THf BREHM COMPANIES
Description
CT000013
Receipt Numbej:: Rq017202
Transaction Dfete
Pay Type^
Payment
Method
Cash
Amount
6. 60
iai4/2000
iDeScription
Transaction Amount;
|!i2/'14/Q0 0002 Qi
CGF"
6. 60
Hit,
'1
• f
\
City of Carlsbad
1635 Faraday Avenue Carlsbad CA 9200!
Applicant: THE BREHM COMPANIES
Set Id: S000000425
Description
CDP00036
CT000013
LCPA0004
ZC000004
Total:
Amount
1,590.00
7,250.00
2, 925 . 0i^75 07/03/00 OOOl 01 02
3, 970.00 C-PRMT 15735.^
15,735.00
Receipt Number: R0013431
Transaction Date: 07/03/2000
Pay Type Method
Payment Check
Description Amount
1062 15,735.00
Transaction Amount: 15,735.00
wmmmmmsesmmm
CITY OF CARLSBAD ^
1635 FARA AY AVENUE CARLSBAD, CALli-ORNIA 92008
(760) 602-2401
REC'D FROM 0 'f ^ )V\CA DATE 3I 7of
ACCOUNT NO. DESCRIPTION AMOUNT
6hiciJS
0002 Oi
-ttfse—
Printed on recycled paper.
NOT VALID UNLESS VALIDATED BY
CASH REGISTER
TOTAL 00
JI0^H .^-s^
PROJECT DESCRIPTION/EXPLANATION
PROJECT NAME: Tabata
APPLICANT NAME: The Brehm Copnoanies
Please describe fully the proposed project by application type. Include any details
necessary to adequately explain the scope and/or operation of the proposed project.
You may also include any background information and supporting statements regarding
the reasons for, or appropriateness of, the application. Use an addendum sheet if
necessary.
Description/Explanation:
This project involves a Tentative Map, Coastal Development Permit, Zone Change and
Local Coastal Plan amendment for a 5.0 acre site located within Local Facilities
Management Zone 20. The project site is situated between Black Rail Road and Cabela
Place, west of the intersection of Docena Road and Cabela Place.
TENTATIVE MAP:
The proposed Tentative Map would create 17 single-family lots with a minimum lot size of
7,500 square feet. The project site has been used for agricultural purposes in the past and
is relatively fiat. The lowest elevation on the site is approximately 350 feet, and the highest
elevation is approximable 382 feet. The slopes on this site are all less than 15% and the
slope height differentials are negligible. Therefore, since no slope has a gradient of 15% or
more and an elevation differential greater than 15 feet, a Hillside Development Permit will
not be necessary for this project. The project will involve 23,200 cubic yards of cut and
23,200 cubic yards of fill, resulting in a balanced grading operation and volume of only 4,640
cubic yards per acre.
COASTAL DEVELOPMENT PERMIT:
The project is located within the Coastal Zone and will therefore require a Coastal
Development Permit to subdivide the property and change the zoning designation.
ZONE CHANGE:
A zone change is necessary to implement the site's RLM General Plan designation. The site
is currently zoned L-C and the proposed project will change the zoning to R-1. A zone
change for this site to R-1 would make the zoning for the site consistent with the site's
current RLM General Plan designation and would be consistent with neighboring
development.
The adjacent properties to the north and to the east of the site will be developed with single
family homes. The area to the west ofthe site, adjacent to Black Rail Road, is currently
being use to grow palm trees, and further west is single-family homes. A single family
Rev. 10/96 Page 1 of 1
home, along with greenhouses, exists on the property south of and adjacent to the project
site, and the area further south is currently being developed with single family homes.
LOCAL COASTAL PLAN AMENDMENT:
The proposed Local Coastal Plan amendment would revise the Local Coastal Plan to reflect
the proposed zone change. The zone change is necessary to implement the site's RLM
General Plan designation.
The proposed LCP amendment will not require text changes to the LCP nor will it effect
other sections ofthe LCP. The zone change itself will implement the proposed LCP
amendment.
r
City of Carlsbad
Planning Department
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 defmed as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal
organizadon, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city
municipality, district or other poUtical 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 fmancial
interest in the application. If the applicant includes a corporation or partnership, include the
names, title, addresses of all individuals owning more than 10% of the shares. IF NO
INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-
APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corporation, include the
names, titles, and addresses of the corporate officers. (A separate page may be attached if
necessary.)
Person_
Title
Corp/Part Canterina, LLC
Title NA
Address Address 5770 Oberlin Drive
San Diego, CA 92121
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% ofthe shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES,
PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-
owned corporation, include the names, titles, and addresses of the corporate officers. (A separate
page may be attached if necessary.)
Person_
Title
NA Corp/Part SEE ATTACHMENT
Title
Address Address
2075 Las Palmas Dr. • Carlsbad, CA 92009-1576 • (760) 438-1161 • FAX (760) 438-0894 ®
iC^IZATION OR TRUST 3. NON-PROFIT ORWrfNIZATION 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 ^A -^^^ Profit/Trust ^
Title Title
Address Address
4. Have you had more than $250 worth of business transacted with any member of City staff,
Boards, Commissions, Committees and/or Council within the past twelve (12) months?
I I Yes J^^No 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/ff owner/datj
Jack H. Young, Sr. Vice President Jack H. Young, Sr. Vice President
Print or type name of owner CV>^1^^^ Print or type name of applicant LB£J^/^^
Sigpature of owner/applicant'o agont if applioable/date
Print or type name of owner/applioant'o agont ^^tym-^x w-^-
H:ADMIN\C0UNTER\D1SCL0SURE STATEMENT 5/98 Page 2 of 2
CANTERINA, LLC OWNERSHIP
attachment to City of Carlsbad
Disclosure Statement
December 14, 2000
MEMBER PERCENTAGE INTEREST
THE BREHM COMPANIES, LLC 50%
5770 Oberlin Drive
San Diego, CA 92121-1723
LUMBERMEN'S INVESTMENT CORPORATION 50%
301 Congress Avenue, 15* Floor
Austin, Texas 78701
INDIVIDUALS OWNING 10% OR GREATER INTEREST IN CANTERINA, LLC:
Forrest W. Brehm
Chairman; The Brehm Companies, LLC
5770 Oberlin Drive
San Diego, CA92121
Cilv of Carlsbad
Planning Department
DISCLOSURE STATEMENT
Applicant's statement or disclosure of certain ownership interests on all applications which will require
discretionary action on the part ofthe 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, fratemai
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 publiclv-owned corporation, include the
names, titles, and addresses of the corporate officers. (A separate page may be attached if
necessary.)
Person NA Com/Part Brehm-Aviara Group, LLC
Title Title NA
Address Address 5770 Oberlin Drive
San Diego, CA 92121
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% ofthe shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES,
PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW, If a publiclv-
owned corporation, include the names, titles, and addresses of the corporate officers, (A separate
page may be attached if necessary.)
Person NA Corp/Part Brehm-Aviara Group, LLC
Title Title NA
Address Address 5770 Oberlin Drive
San Diego, CA 92121
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 0
3. NON-PROFIT OROT?NIZATION OR TRUST W
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 NA Non Profit/Trust NA
Title Title
Address ' Address
Have you had more than $250 worth of business transacted with any member of City staff,
Boards, Commissions, Committees and/or Council within the past twelve (12) months?
I I Yes [XTNO If yes, please indicate person(s):_
NOTE: Attach additional sheets if necessary.
I certity that all the above infonnation is true and correct to the best of my knowledge.
Signature of owner/date Signature of applicant/date
Print or type name of owner - \] \ "Pft-S i £^r\V name of applicant
Signature of owner/applicant's agent if applicable/date
Print or type name of owner/applicant's agent
H:ADM1N\C0UNTER\DISCL0SURE STATEMENT 5/98 Page 2 of 2
STATEMENT OF AGREEMENT
TENTATIVE SUBDIVISION MAP
CITY OF CARLSBAD
The Subdivision Map Act and the Carlsbad Municipal Code sets a fifty (50) day time restriction
on Planning Commission processing of Tentative Maps and a thirty (30) day time limit for City
Council action. These time limits can only be extended by the mutual concurrence of the
applicant and the City. By accepting applications for Tentative Maps concurrently with
appUcations for other approvals which are prerequisites to the map; i.e.. Environmental
Assessment. Enviroranental Impact Report. Condominitmi Plan, Planned Unit Development, etc..
the fifty (50) day time limits and the thirty (30) day time limits are often exceeded. If you wish
to have your application processed concurrently, this agreement must be signed by the applicant
or his agent. If you choose not to sign the statement, the Citv' will not accept your application
for the Tentative Map until all prior necessary entitlements have been processed and approved.
The imdersigned understands that the processing time required by the City may exceed the time
limits, therefore the undersigned agrees to extend the time limits for Planning Commission and
City Council action and fully concurs with any extensions of time up to one year from the date
the application was accepted as complete to properly review all of the applications.
Signature Date
Name (Print) Relationship to Application
(Property Owner-.Agent)
FRM0037 2/96
JUN.30.2002 1:29PM CPRLSBPD UNIF DIST N0.2S3 P.2/2
aHsbad Unified ScJioo! District
801 Pine Avenue • Carlsbad, CA 92008
tt (760) 729-9291 • FAX (760)729-9685. ...a world class district
June 29,2000
State of Califomia
Department of Real Estate
107 South Broadway, Room 7111
Los Angeles, CA 90012
Re: ProjectName: Tabata
Developer; Brehm Homes
Location: Black Rail Road, Cabela Place and Docena Road
Project Size: 17 single-family lots
APN No.: 215-040-04
Carhbad Unified School District has reviewed the above project and its impact on school attendance
areas in this District. At fliis time, the schools of attendance for this pioject would probably be:
Pacific Rim Elementary School (K-5)
1100 Caraino de las Ondas
Carlsbad, CA 92009
(760) 602-6070
Aviara Oaks Middle School (6-8)
6900 Ambrosia Lane
Carlsbad, CA 92009
(760) 602-6040
Carlsbad High School (9-12)
3557 Monroe Street
Carlsbad, CA 92008
(760) 434-1726
The Governing Board wishes to advise tlie Department of Real Estate and residents of Carlsbad that at
present the Carlsbad Unified School District elementary schools we operating at full capacity. It is
possible, therefore, that the students generated from this project raay not attend thc closest neighborhood
school due to overcrowded conditions and, in fact, may attend school across to^n. You should also be
aware that there are no school buses for rcgular student transportation fiam home to school.
Thc Governing Board wishes to also inform you that conditions imposed upon new development within
the City of Carlsbad requires mitigation of school impacts.
Jaicerely,
CTceman
Assis^t Superintendent, Business Services
cc: Hofinan Planning Associates
PLEASE NOTE:
Time limits on the processing of discretionary projects established by state law
do not start until a project application is deemed complete by the City. The
City has 30 calendar days from the date of application submittal to determine
whether an application is complete or incomplete. Within 30 days of submittal
of this application you will receive a letter stating whether this application
Is complete or Incomplete. If it Is Incomplete, the letter will state what is
needed to make this application complete. When the application Is complete, the
processing period will stajrLjjpon the date of the completion letter.
Applicant Signature: V
Staff Signature:
Date:
To be stapled with receipt to application
Copy for file
Notice of DeteOnination FILE
To: Office ofPlanning and Research
P.O. Box 3044
Sacramento, CA 95812
From: CITYOFCARLSBAD
Planning Department
1635 Faraday Avenue
Carlsbad, CA 92009
(760) 602-4600 County Clerk
County of San Diego
Mailstop 833, Attn: MITA
PO Box 121750
San Diego, CA 92112-1750
Project No: ZC 00-04/LCPA 00-04/CT-OO-l 3/CDP 00-36
Filing of Notice of Determination in compliance with Section 21108 or 21152 ofthe Public
Resources Code.
TABATA PROPERTY
Project Title
2000111157 City of Carlsbad, Van Lynch (760) 602- 4613
State Clearinghouse No. Lead Agency, Contact Person Telephone Number
East side of Black Rail Rd, south of Poinsettia Ln, north of Aviara Parkway, Carlsbad, San
Diego County, Califomia
Project Locations (include County)
Project Description: The project consists of a zone change from Limited Control to Residential One
Family, 7,500-lot size minimum with a Qualified overlay zone (R-1-7500-Q) and 16 single-family lots
with a minimum lot area of 7,500 square feet developed on two cul-de-sac public streets. The site
contains no significant habitats as it has been used for agricultural purposes and now lies fallow.
Mitigation measures adopted were for property owners notice of adjacent agricultural uses, aircraft
impacts and potential paieontological resources.
This is to advise that the City of Carlsbad has approved the above described project on February
21, 2001, and has made the following determination regarding the above described project.
1. The project will not have a significant effect on the environment
2. A Negative Declaration was prepared for this project pursuant to the provisions of CEQA.
3. Mitigation measures were made a condition of the approval of the project.
4. A statement of Overriding Considerations was not adopted for this project.
5. Findings were made pursuant to the provisions of CEQA.
This is to certify that the final Negative Declaration with comments and responses and record of
project approval is available to the General Public at THE CITY OF CARLSBAD.
MICHAEL J. HOLZMILIJER, Planning Director
Date received for filing at OPR:
Date
Revised October 1989
Citv of Carlsbad
Planning Department
MITIGATED NEGATIVE DECLARATION
Project Address/Location:
Project Description:
The project site is located adjacent and east of Black Rail Road and 1500
feet south of future Poinsettia Lane, Carlsbad, California, and is
identified by Assessors Parcel Number 215-040-04-00.
Proposed Local Coastal Program Amendment and Zone Change to
change the land use designation from Limited Control (L-C) to One-
Family Residential, 7,500 square foot lot size minimum (R-1-7,500),
with a Qualified Overlay Zone(-Q), on a 5.0 acre parcel of land. Also
proposed is a Tentative tract map to create 16 residential lots and a
Coastal Development Permit.
The City of Carlsbad has conducted an envirorunental review of the above described project
pursuant to the Guidelines for Implementation of the Califomia Environmental Quality Act and
the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the
initial study (EIA Part 2) identified potentially significant effects on the environment, but (1)
revisions in the project plans or proposals made by, or agreed to by, the applicant before the
proposed negative declaration and initial study are released for public review would avoid the
effects or mitigate the effects to a point where clearly no significant effect on the environment
would occur, and (2) there is no substantial evidence in light ofthe whole record before the City
that the project "as revised" may have a significant effect on the environment. Therefore, a
Mitigated Negative Declaration is hereby issued for the subject project. Justification for this
action is on file in the Plarming Department.
A copy of the Mitigated Negative Declaration with supportive documents is on file in the
Planning Department, 1635 Faraday Avenue, Carlsbad CA 92008. Comments fi-om the public
are invited. Please submit comments in writing to the Planning Department within 30 days of
date of issuance. If you have any questions, please call Van Lynch in the Planning Department
at (760) 602-4613.
DATED: NOVEMBER 27, 2000
CASENO: ZC 00-04/LCPA 00-04/CT 00-13/CDP 00-36
CASE NAME: TABATA PROPERTY
PUBLISH DATE: NOVEMBER 27, 2000
ICHAEL J. H5fci
^/9
MICHAEL J. HOfc^MIL^^R
Plarming Director
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us ®
CALIFORNIA DEPARTMENT OF FISH AND GAME
PO BOX 944209
SACRAMENTO CA 94244-2090
CERTIFICATION OF FEE EXEMPTION
De Minimis Impact Finding
Project Title/Location (Inciude County):
ZC 00-04/LCPA 00-04/CT 00-13/CDP 00-36 - TABATA PROPERTY - Located on the
east side of Blackrail Rd, south of Poinsettia Ln, north of Aviara Pkwy, Carlsbad, San
Diego County
Name and Address of Applicant:
Brehm-Aviara, 5770 Oberlin Drive, San Diego, CA 92121-1723
Project Description:
The project site is 5.0 acres in size and the development proposes 16 single-family lots
with a minimum lot area of 7,500 square feet developed on two cul-de-sac public streets.
The site contains no significant habitats as it has been used for agricultural purposes and
now lies fallow.
Findings of Exemption (attach as necessary):
1. The City of Carlsbad Plarming Department has completed an Environmental Initial Study
for the above referenced property, including evaluation of the proposed project's
potential for adverse environmental impacts on fish and wildlife resources.
2. Based on the complete Environmental Initial Study, the City of Carlsbad Plaiming
Department finds that the proposed project will not encroach upon wildlife habitat area,
will have no potential adverse individual or cumulative effects on wildlife resources, and
requires no mitigation measures to be incorporated into the proposed project which would
affect fish or wildlife.
Certification:
I hereby certify that the public agency has made the above finding and that the project
will not individually or cumulatively have an adverse effect on wildlife resources, as
defined in Section 711.2 of the Fish and Game Code.
MICHAEL J. HOLZMILLER
Planning Director
Lead Agency: CITY OF CARLSBAD
VLmh Date: '
Section 711,4, Fish and Game Code
DFG: 1/91
ECOPY
Citv of Carlsbad
Planning Department
NOTICE OF PUBLIC HEARING
COMPLETE DATE: January 17, 2001
DESCRIPTION:
Request for a recommendation of approval of a Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program, a Zone Change and Local Coastal
Program Amendment to change the land use designations from Limited Control (L-C) to
One-family Residential, 7,500 square foot minimum lot size, Qualified Development
Overlay Zone (R-1-7,500 - 0) on a 5.0 acre property. This request includes a Tentative
Tract Map to create 16 residential lots and a Coastal Development Permit.
LOCATION:
This project is within the City of Carlsbad's Coastal Zone located on the east side of
Black Rail Road and south of future Poinsettia Lane in Local Facilities Management
Zone 20.
ASSESSOR'S PARCEL NUMBER:
215-040-04
APPLICANT:
The Brehm Co.
5770 Oberlin Drive
San Diego, CA 92121
A public hearing on the above proposed project will be held by the Planning Commission in the
Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, on January 17, 2001 at
6:00 p.m.
Persons are cordially invited to attend the public hearing and provide the decision makers with
any oral or written comments they may have regarding the project. The project will be
described and a staff recommendation given, followed by public testimony, questions and a
decision. Copies of the staff report will be available on or after January 11, 2001.
If you have any questions, or would like to be notified of the decision, please contact Van Lynch
at the City of (5arlsbad Planning Department, Monday through Thursday 7:30 a.m. to 5:30 p.m.,
Friday 8:00 a.m. to 5:00 p.m. at 1635 Faraday Avenue, Carlsbad, California 92008, (760) 602-
4613.
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us
APPEALS
The time within which you may judicially challenge this Zone Change, Local Coastal Program
Amendment, Tentative Tract Map, and Coastal Development Permit if approved, is established
by state law and/or city ordinance, and is very short. If you challenge the Zone Change, Local
Coastal Program Amendment, Tentative Tract Map, and Coastal Development Permit in court,
you may be limited to raising only those issues you or someone else raised at the public hearing
described in this notice, or in written correspondence delivered to the City of Carlsbad prior to
the public hearing.
1. Appeals to the Citv Council: Where the decision is appealable to the City Council,
appeals must be filed in writing within ten (10) calendar days after a decision by the
Planning Commission.
2. Coastal Commission Appealable Project:
I I This site is located within the Coastal Zone Appealable Area.
^ This site is not located within the Coastal Zone Appealable Area.
Where the decision is appealable to the Coastal Commission, appeals must be filed with the
Coastal Commission within ten (10) working days after the Coastal Commission has received a
Notice of Final Action from the City of Carlsbad. Applicants will be notified by the Coastal
Commission of the date that their appeal period will conclude. The San Diego office of the
Coastal Commission is located at 7575 Metropolitan Drive, Suite 103, San Diego, California
92108-4402.
CASE FILE: ZC 00-04/LCPA 00-04/CT 00-13/CDP 00-36
CASE NAME: TABATA PROPERTY
PUBLISH: JANUARY 4, 2001
srrE
TABATA PROPERTY
ZC 00-04/LCPA 00-04/
CT 00-13/CDP 00-36
MUROYA
PO BOX 131016
CARLSBAD CA 92013-1016
YUJIRO T Sc A YAMAMOTO
12 01 VIA LA JOLLA
SAN CLEMENTE 92672-2344
CHARITABLE R BUERGER
PO BOX 3033
CARLSBAD CA 92 009-0033
CANTERINA LLC
401 B ST 1700
SAN DIEGO CA 92101
BREHM-AVIARA GROUP LLC
5770 OBERLIN DR
SAN DIEGO CA 92121
BREHM-AVIARA' III DEVELO
2 83 5 CAMINO DEL RIO S 2
SAN DIEGO CA 92108-3825
BREHM-AVIARA GBetJP LLC
5770 OBERI,li^rm
SAN DLEeOCA 92121
BREHM-AVIARA III DEVELO
5770 OBERLIN DR
SAN DIEGO CA 92121-1723
RYLAND HOMES OF CALIFOR
153 73 INNOVATION DR 3 00
SAN DIEGO CA 92128-3426
RYLAND HOMES OEXTALI FOR
15373 INNpVAflON DR 300
CA 92128-3426 SAN
GUY S MOORE
6602 BLACK RAIL RD
CARLSBAD CA 92009-2603
BREHM-AVIARA IITj:«VE!Lb
2 83 5 CAMINOJi^BrTRIO S 2
SAN DIEQCCA 92108-3825
*** 12 Printed ***
/ V'
CA COASTAL COMMISSION
SUITE 103
7575 METROPOLITAN DRIVE
SAN DIEGO CA 92108-4402
A notice has been mailed to
ali property owners/occupants
listed herein. /
Date: //yo^
Signature: Y
CURRENT RESIDENT
6521 EL CAMINO REAL
CARLSBAD CA 92009-2804
*** 1 Printed ***
T W SMITH ESQ
SUITE 200
2170 EL CAMINO REAL
OCEANSIDE CA 92054
CLERK NO COUNTY SUPERIOR
COURT CASE NO N69883
325 SO MELROSE DR
VISTA CA 92083
GUY MOORE JR
6503 EL CAMINO REAL
CARLSBAD CA 92009
NED GOOD
#600
70 S LAKE AVE
PASADENA CA 91101-2601
NOTir^OF PUBLIC HEARING COUNTY^^ERK FjfF nflPY
Mailto:CountyClerk, County of San Diegf); Mailstop 833, POBox 121750, SanDiego, C'S^2112 " **mSm UUI I
Response must be received by: Januarv 17. 2001
Project Title: Tabata Propertv - ZC 00-04/LCPA 00-04/CT 00-13/CDP 00-36
Lead Agency: CITY OF CARLSBAD Contact Person: Van Lynch
Stteet Address: 1635 FARADAY AVENUE Phone: (760) 602-46IBCitv: CARLSBAD Zip: 92009
COUNTY
County: SAN DIEGO
PROJECT LOCATION:
County: San Diego City/Nearest Community: Carlsbad
Cross Streets: Black Rail Rd and Orchidia Total Acres: 5.0
Assessor's Parcel No. 215-040-04 Section: 27 Twp. 12 south Range: 4 west Base: San Bemardino
Within 2 Miles: State Hwy #: 1-5 Waterways: Pacific Ocean
Airports: McCLELLAN/PALOMAR Railways: NCTD Schools: Aviara Oaks Elementarv
DOCUMENT TYPE:
CEQA: • NOP
I I Early Cons
^ Neg Dec
• Draft EIR
n Supplement/Subsequent
• EIR (Prior SCH No.)
• Other:
NEPA: • NOI
• EA
• Draft EIS
• FONSI
OTHER: • Joint Document
I I Final Document
• Other:
LOCAL ACTION TYPE:
• General Plan Update •
I I General Plan Amendment Q
I I General Plan Element Q
I I Community Plan Q
Specific Plan
Master Plan
Planned Unit Development
Site Plan
^ Rezone
I I Prezone
• Use Permit
^ Land Division (Subdivision,
Parcel Map, Tract Map, etc.)
I I Annexation
I I Redevelopment
^ Coastal Permit
^ Other: Local Coastal Program
Amendment
DEVELOPMENT TYPE:
Residential: Units 16 Acres 5 • Water Facilities: Type MGD
Office: Sq. Ft. Acres Employees • Transportation: Type
Commercial: Sq. Ft. Acres Employees • Mining: Mineral
Industrial: Sq. Ft. Acres Employees • Power: Tvoe Watts
Educational: • Waste Treatment: Type
Recreational: • Hazardous Water: Type
• Other:
PROJECT ISSUES DISCUSSED IN DOCUMENT:
• Aesthetic/Visual • Flood Plain/Flooding • Schools/Universities • Water Quality
• Agricultural Land • Forest Land/Fire Hazard • Septic Systems • H2O Supply/Ground H2O
Air Quality • Geological/Seismic • Sewer Capacity • Wetland/Riparian
• Archaeological/Historical • Minerals • Soil Erosion/Compaction/Grading • Wildlife
• Coastal Zone Noise • Solid Waste • Growth Inducing
• Drainage/Absorption • Population/Hsg. Balance Toxic/Hazardous • Land Use
• Economic/Jobs • Public Services/Facilities Traffic/Circulation • Cumulative Effect
• Fiscal • Recreation/Parks IEI Vegetation Other: Paleontoloev
Present Land Use/Zoning/General Plan Use
Vacant fallow agricultural land / Limited Control (exclusively agricultural) / Residential Low-Medium (0-4 DUP A)
Project Description: The project site is 5.0 acres in size and is located on the east side of Black Rail Road and 1,500 feet south of future
Poinsettia Lane. The project consists of 16 single-family lots with a minimum lot area of 7,500 square feet developed on two cul-de-sac public
streets. The site contains no significant habitats as it has been used for agricultural purposes and now lies fallow. The topography onsite consists of a
ridge that trends north and south in the center of the property. The high point is 381.6 feet above mean sea level (AMSL) and drops to 348 feet
AMSL to the west and 358 feet AMSL to the east. The project will require an export of 22,700 cubic yards of export soil material.
Where documents are located for Public Review: Community Development Center, 1635 Faraday Avenue, Carlsbad, CA 92008
February 2000
1 HEREBY CERTIFY THAT THE PROPERTY OWNERS LIST AND LABELS
SUBMITTED TO THE CITY OF CARLSBAD ON THIS DATE REPRESENT THE
LATEST AVAILABLE INFORMATION FROM THE EQUALIZED ASSESSOR'S ROLES.
APPLICATION NAME AND NUMBER
ZC 00-04/LCPA 00-04/CT 00-13/CDP 00-36
TABATA PROPERTY
APPLICANT OR APPLICANT'S REPRESENTATIVE
BY:
DATE: IP//i4
RECEIVED BY
DATE: ITAQ-^CQ
NOTICE OF COMPLETION/
Mail to: State Clearinghouse, P. O. Box SoVff Sacramento, CA 95812 - (916) 445-0613
Project Title: Tabata Propertv - ZC 00-04/LCPA 00-04/CT 00-13/CDP 00-36
Lead Agency: CITY OF CARLSBAD Contact Person: Van Lvnch
See NOTE Below:
SCH#
Sfreet Address: 1635 FARADAY AVENUE Phone: (760) 602-4613Citv: CARLSBAD Zip: 92009
COUNTY
County: SAN DIEGO
PROJECT LOCATION:
County: San Diego City/Nearest Conimunity: Carlsbad
Cross Stteets: Black Rail Rd and Orchidia Total Acres: 5.0
Assessor's Parcel No. 215-040-04 Section: 27 Twp. 12 south Range: 4 west Base: San Bemardino
Within 2 Miles: State Hwy #: 1-5 Waterways: Pacific Ocean
Airports: McCLELLAN/PALOMAR Railways: NCTD Schools: Aviara Oaks Elementarv
DOCUMENT TYPE:
CEQA: • NOP
Q Early Cons
^ Neg Dec
• Draft EIR
[~| Supplement/Subsequent
• EIR (Prior SCH No.)
• Other:
NEPA: • NOI
• EA
• Draft EIS
• FONSI
OTHER: Q Joint Document
I I Final Document
• Other:
LOCAL ACTION TYPE:
• General Plan Update Q
r~l General Plan Amendment Q
• General Plan Element •
r~l Community Plan []]]
Specific Plan ^
Master Plan Q
Planned Unit Development Q
Site Plan ^
Rezone
Prezone
Use Permit
Land Division (Subdivision,
Parcel Map, Tract Map, etc.)
I I Annexation
I I Redevelopment
^ Coastal Permit
^ Other: Local Coastal Program
Amendment
DEVELOPMENT TYPE:
Residential: Units 16 Acres 5 • Water Facilities: Tvpe: MGD
• Office: Sq. Ft. Acres Employees • Transportation: Type
• Commercial: Sq. Ft. Acres Employees • Mining: Mineral
• Industrial: Sq. Ft. Acres Employees • Power: Tvpe Watts
• Educational: • Waste Treatment: Type
• Recreational: • Hazardous Water: Type
• Other:
PROJECT ISSUES DISCUSSED EV DOCUMENT:
• Aesthetic/Visual • Flood Plain/Flooding • Schools/Universities • Water Quality
• Agricultural Land • Forest Land/Fire Hazard • Septic Systems • H2O Supply/Ground H2O
Air Quality • Geological/Seismic • Sewer Capacity • Wetland/Riparian
• Archaeological/Historical • Minerals • Soil Erosion/Compaction/Grading • Wildlife
• Coastal Zone Noise • Solid Waste • Growth Inducing
• Drainage/Absorption • Popuiation/Hsg. Balance Toxic/Hazardous • Land Use
• Economic/Jobs • Public Services/Facilities Traffic/Circulation • Cumulative Effect
• Fiscal • Recreation/Parks Vegetation la Other: Paleontoloev
Present Land Use/Zoning/General Plan Use
Vacant fallow agricultural land / Limited Control (exclusively agricultural) / Residential Low-Medium (0-4 DUP A)
Project Description: TTie project site is 5.0 acres in size and is located on the east side of Black Rail Road and 1,500 feet south of future
Poinsettia Lane. The project consists of 16 single-family lots with a minimum lot area of 7,500 square feet developed on two cul-de-sac public
streets. The site contains no significant habitats as it has been used for agricultural purposes and now lies fallow. The topography onsite consists of a
ridge that trends north and south in the center ofthe property. The high point is 381.6 feet above mean sea level (AMSL) and drops to 348 feet
AMSL to the west and 358 feet AMSL to the east. The project will require an export of 22,700 cubic yards of export soil material.
NOTE: Clearinghouse will assign identification numbers for all new projects.
Preparation or previous draft document) please fill it in.
If a SCH number already exists for a project (i.e., from a Notice of
Revised October 1989
o
SITE
FROM: L-C
TO: R-1-Q
TABATA PROPERTY
LCPA 00-04
Citv of Carlsbad
Planning Department
MITIGATED NEGATIVE DECLARATION
Project Address/Location: The project site is located adjacent and east of Black Rail Road and 1500
feet south of future Poinsettia Lane, Carlsbad, Califomia, and is
identified by Assessors Parcel Number 215-040-04-00.
Project Description: Proposed Local Coastal Program Amendment and Zone Change to
change the land use designation from Limited Control (L-C) to One-
Family Residential, 7,500 square foot lot size minimum (R-1-7,500),
with a Qualified Overlay Zone(-Q), on a 5.0 acre parcel of land. Also
proposed is a Tentative tract map to create 16 residential lots and a
Coastal Development Permit.
The City of Carlsbad has conducted an environmental review of the above described project
ptirsuant to the Guidelines for Implementation of the Califomia Environmental Quality Act and
the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the
initial study (EIA Part 2) identified potentially significant effects on the enviroimient, but (1)
revisions in the project plans or proposals made by, or agreed to by, the applicant before the
proposed negative declaration and initial study are released for public review would avoid the
effects or mitigate the effects to a point where clearly no significant effect on the environment
would occur, and (2) there is no substantial evidence in light of the whole record before the City
that the project "as revised" may have a significant effect on the environment. Therefore, a
Mitigated Negative Declaration is hereby issued for the subject project. Justification for this
action is on file in the Planning Department.
A copy of the Mitigated Negative Declaration with supportive documents is on file in the
Planning Department, 1635 Faraday Avenue, Carlsbad CA 92008. Comments from the public
are invited. Please submit comments in writing to the Planning Department within 30 days of
date of issuance. If you have any questions, please call Van Lynch in the Planning Department
at (760) 602-4613.
DATED: NOVEMBER 27, 2000
CASE NO: ZC 00-04/LCPA 00-04/CT 00-13/CDP 00-36
CASE NAME: TABATA PROPERTY
PUBLISH DATE: NOVEMBER 27, 2000
MICHAEL J. HOLz
Planning Director
IL:
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us ®
ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART II
(TO BE COMPLETED BY THE PLANNING DEPARTMENT)
CASENO: ZC 00-04/LCPA 00-04/CT 00-13/CDP 00-36
DATE: November 16. 2000
BACKGROUND
1.
2.
3.
4.
5.
CASENAME: Tabata Propertv
APPLICANT: Brehn-Aviara Group. L.L.C.
ADDRESS AND PHONE NUMBER OF APPLICANT: 5770 Oberlin Drive. San Diego CA
92121. 858-404-9721
DATE EIA FORM PART I SUBMITTED: Julv 3. 2000
PROJECT DESCRIPTION: Proposed Local Coastal Program Amendment and Zone Change to
change the land use designation from Limited Control (L-C) to One-Family Residential. 7.500
square foot lot size minimum (R-1-7.500). with a Qualified Overlav Zone (-0). on a 5.0 acre
parcel of land. Also proposed is a tentative tract map to create 16 residential lots and a Coastal
Development Permit. The proiect site is located adiacent and east of Black Rail Road and 1500
feet south of future Poinsettia Lane and is identified by Assessors Parcel Number 215-040-04-00.
SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The summary of environmental factors checked below would be potentially affected by this project,
involving at least one impact that is a "Potentially Significant Impact," or "Potentially Significant Impact
Unless Mitigation Incorporated" as indicated by the checklist on the following pages.
I I Land Use and Planning
I I Population and Housing
I I Geological Problems
• water
Air Quality
Transportation/Circulation Public Services
I I Biological Resources Utilities & Service Systems
I I Energy & Mineral Resources Aesthetics
I I Hazards
I I Noise
I I Cultural Resources
I I Recreation
^ Mandatory Findings of Significance
Rev. 03/28/96
DETERMINATION.
(To be completed by the Lead Agency)
I I I find that the proposed project COULD NOT have a significant effect on the
environment, and a NEGATIVE DECLARATION will be prepared.
I I I fmd that although the proposed project could have a significant effect on the
environment, there will not be a significant effect in this case because the mitigation
measures described on an attached sheet have been added to the project. A NEGATIVE
DECLARATION will be prepared.
I I I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
X I fmd that the proposed project MAY have significant effect(s) on the environment, but at
least one potentially significant effect 1) has been adequately analyzed in an earlier
document pursuant to applicable legal standards, and 2) has been addressed by mitigation
measures based on the earlier analysis as described on attached sheets. A Mitigated
Negative Declaration is required, but it must analyze only the effects that remain to be
addressed.
I I I find that although the proposed project could have a significant effect on the
environment, there WILL NOT be a significant effect in this case because all potentially
significant effects (a) have been analyzed adequately in an earlier Master Environmental
Impact Review (MEIR 93-01) pursuant to applicable standards and (b) have been voided
or mitigated pursuant to that earlier Master Environmental Review (MEIR 93-01),
including revisions or mitigation measures that are imposed upon the proposed project.
Therefore, a Notice of Prior Compliance has been prepared.
Planner Sismature Date
Planning Directol*^ Sign&ttire Date
Rev. 03/28/96
ENVIRONMENTAL IMPACTS
STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City
conduct an Environmental Impact Assessment to determine if a project may have a significant
effect on the environment. The Environmental Impact Assessment appears in the following
pages in the form of a checklist. This checklist identifies any physical, biological and human
factors that might be impacted by the proposed project and provides the City with information to
use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative
Declaration, or to rely on a previously approved EIR or Negative Declaration.
• A brief explanation is required for all answers except "No Impact" answers that are
adequately supported by an information source cited in the parentheses following each
question. A "No Impacf answer is adequately supported if the referenced information
sources show that the impact simply does not apply to projects like the one involved. A
"No Impact" answer should be explained when there is no source document to refer to, or
it is based on project-specific factors as well as general standards.
• "Less Than Significant Impact" applies where there is supporting evidence that the
potential impact is not adversely significant, and the impact does not exceed adopted
general standards and policies.
• "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation
of mitigation measures has reduced an effect firom "Potentially Significant Impact" to a
"Less Than Significant Impact." The developer must agree to the mitigation, and the
City must describe the mitigation measures, and briefly explain how they reduce the
effect to a less than significant level.
• "Potentially Significant Impact" is appropriate if there is substantial evidence that an
effect is significant.
• Based on an "EIA-Part II", if a proposed project could have a potentially significant
effect on the environment, but al] potentially significant effects (a) have been analyzed
adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable
standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated
Negative Declaration, including revisions or mitigation measures that are imposed upon
the proposed project, and none of the circumstances requiring a supplement to or
supplemental EIR are present and all the mitigation measures required by the prior
environmental document have been incorporated into this project, then no additional
environmental document is required (Prior Compliance).
• When "Potentially Significant Impact" is checked the project is not necessarily required
to prepare an EIR if the significant effect has been analyzed adequately in an earlier EIR
pursuant to applicable standards and the effect will be mitigated, or a "Statement of
Overriding Considerations" has been made pursuant to that earlier EIR.
Rev. 03/28/96
• A Negative Declaration may be prepared if the City perceives no substantial evidence that
the project or any of its aspects may cause a significant effect on the environment.
• If there are one or more potentially significant effects, the City may avoid preparing an
EIR if there are mitigation measures to clearly reduce impacts to less than significant, and
those mitigation measures are agreed to by the developer prior to public review. In this
case, the appropriate "Potentially Significant Impact Unless Mitigation Incorporated"
may be checked and a Mitigated Negative Declaration may be prepared.
• An EIR must be prepared if "Potentially Significant Impact" is checked, and including
but not limited to the following circumstances: (1) the potentially significant effect has
not been discussed or mitigated in an Earlier EIR pursuant to applicable standards, and
the developer does not agree to mitigation measures that reduce the impact to less than
significant; (2) a "Statement of Overriding Considerations" for the significant impact has
not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce
the impact to less than significant, or; (4) through the EIA-Part II analysis it is not
possible to determine the level of significance for a potentially adverse effect, or
determine the effectiveness of a mitigation measure in reducing a potentially significant
effect to below a level of significance.
A discussion of potential impacts and the proposed mitigation measures appears at the end of the
form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention
should be given to discussing mitigation for impacts which would otherwise be determined
significant.
Rev. 03/28/96
Issues (and Supporting Information Sources).
I. LAND USE AND PLANNHsfG. Would the proposal:.
a) Conflict with general plan designation or zoning?
(Source #(s): (#l:Pgs 5.6-1 - 5.6-18; #2: Pgs III-74 - III
-87)
b) Conflict with applicable enviromnental plans or
policies adopted by agencies with jurisdiction over the
project? (#l:Pgs 5.6-1 - 5.6-18; #2: Pgs III-74 - III -87)
c) Be incompatible with existing land use in the vicinity?
(#l:Pgs 5.6-1 - 5.6-18; #2: Pgs III -74 - III -87)
d) Affect agricultural resources or operations (e.g. impacts
to soils or farmlands, or impacts from incompatible
land uses)? (#1: Pgs 5.6-1 - 5.6-18; #2: Pgs III-74 - III -
87)
e) Disrupt or divide the physical arrangement of an
established community (including a low-income or
minority community)? (#l:Pgs 5.6-1 - 5.6-18; #2: III -
74 - III -87)
II. POPULATION AND HOUSING. Would the proposal:
a) Cumulatively exceed official regional or local
population projections? (#l:Pgs 5.5-1 - 5.5-6; #2: IV-1)
b) Induce substantial growth in an area either directly or
indirectly (e.g. through projects in an undeveloped area
or extension of major infrastructure)? (#l:Pgs 5.5-1 -
5.5-6; #2: IV-1)
c) Displace existing housing, especially affordable
housing? (#l:Pgs 5.5-1 - 5.5-6)
III. GEOLOGIC PROBLEMS. Would the proposal result
in or expose people to potential impacts involving:
a) Fauh rupture? (#I:Pgs 5.1-1 - 5.1-15; #2: Pgs III-112 -
III-118; #3)
b) Seismic ground shaking? (#l:Pgs 5.1-1 - 5.1-15; #2:
PgsIII-112-III-118;#3)
c) Seismic ground failure, including liquefaction?
((#l:Pgs 5.1-1 - 5.1.15; #2: Pgs III-112 - III-l 18; #3)
d) Seiche, tsunami, or volcanic hazard? (#l:Pgs 5.1-1 -
5.1-15;#2: t>gs III-112 - III-l 18; #3)
e) Landslides or mudflows? (#l:Pgs 5.1-1 - 5.1-15; #2:
Pgs III-l 12-III-l 18; #3)
f) Erosion, changes in topography or unstable soil
conditions from excavation, grading, or fill? (#l:Pgs
5.1-1 - 5.1-15; #2: Pgs III-112 - III -118; #3)
g) Subsidence ofthe land? (#l:Pgs 5.1-1 - 5.1-15; #2: Pgs
III-112-III-l 18; #3)
h) Expansive soils? (#l:Pgs 5.1-1 - 5.1-15; #2: Pgs 111-112
-III-118; #3)
i) Unique geologic or physical features? (#l:Pgs 5.1-1 -
5.1-15; #2:Pgs III -112 - III -118; #3)
Potentially Potentially Less Than No
Significant Significant Significant Impact
Impact Unless Impact
Mitigation
Incorporated
• • • X
• • • X
• • • X
• • • X
• • • X
• • • X
• • • X
• • • X
• • • X
• • • X
• • • X
• • • X
• • • X
• • • X
• • n X
• • • X
• • • X
Rev. 03/28/96
^^^^
Issues (and Supporting Information Sources). Potentially Potentially
Significant Significant
Impact Unless
Mitigation
Incorporated
Less Than No
Significant Impact
Impact
IV. WATER. Would the proposal result in:
a) Changes in absorption rates, drainage pattems, or the
rate and amount of surface runoff? (#l:Pgs 5.2-1 - 5.2-
11; #6)
b) Exposure of people or property to water related hazards
such as flooding? ((#l:Pgs 5.2-1 - 5. 2-11; #5)
c) Discharge into surface waters or other alteration of
surface water quality (e.g. temperature, dissolved
oxygen or turbidity)? ((#l:Pgs 5.2-1 - 5. 2-11; #5)
d) Changes in the amount of surface water in any water
body? ((#l:Pgs 5.2-1 - 5. 2-11; #5)
e) Changes in currents, or the course or direction of water
movements? ((#l:Pgs 5.2-1 - 5.2-11; #5)
f) Changes in the quantity of ground waters, either
through direct additions or withdrawals, or through
interception of an aquifer by cuts or excavations or
through substantial loss of groundwater recharge
capability? ((#l:Pgs 5.2-1 - 5.2-11; #5)
g) Ahered direction or rate of flow of groundwater?
((#l:Pgs5.2-l -5.2-ll;#5)
h) Impacts to groundwater quality? ((#l:Pgs 5.2-1 - 5. 2-
11; #5)
i) Substantial reduction in the amount of groundwater
otherwise available for public water supplies? (#l:Pgs
5.2-1-5.2-11)
V. AIR QUALITY. Would the proposal:
a) Violate any air quality standard or conttibute to an
existing or projected air quality violation? (#l:Pgs 5.3-
1 - 5.3-12; #2: Pgs 28-36)
b) Expose sensitive receptors to pollutants? (#l:Pgs 5.3-1
- 5.3-12; #2: Pgs 28-36)
c) Alter air movement, moisture, or temperature, or cause
any change in climate? (#l:Pgs 5.3-1 - 5.3-12; #2: Pgs
28-36)
d) Create objectionable odors? (#l:Pgs 5.3-1 - 5.3-12; #2:
Pgs 28-36)
VI. TRANSPORTATION/CIRCULATION. Would the
proposal result in:
a) Increased vehicle ttips or fraffic congestion? (#l:Pgs
5.7-1 - 5.7.22; #2: Pgs 111-58 - III-69)
b) Hazards to safety from design features (e.g. sharp
curves or dangerous intersections) or incompatible uses
(e.g. farm equipment)? (#l:Pgs 5.7-1 - 5.7.22; #2: Pgs
III-58 - III-69)
c) Inadequate emergency access or access to nearby uses?
(#l:Pgs 5.7-1 - 5.7.22; #2: Pgs 111-58 - III-69)
d) Insufficient parking capacity on-site or off-site?
(#l:Pgs 5.7-1 - 5.7.22; #2: Pgs III-58 - III-69)
e) Hazards or barriers for pedesfrians or bicyclists?
(#l:Pgs 5.7-1 - 5.7.22; #2: Pgs III-58 - III-69)
• • • X
• • • X
• • • X
• • • X
• • • X
• • • X
• • • X
• • • X
• • • X
X • • •
• • • X
• • • X
• • • X
• • •
• • •
• • • X
• • • X
• • • X
Rev. 03/28/96
Issues (and Supporting Information Sources).
f) Conflicts with adopted policies supporting altemative
ttansportation (e.g. bus tumouts, bicycle racks)?
(#l:Pgs 5.7-1 - 5.7.22; #2: Pgs III-58 - III-69)
g) Rail, waterbome or air ttaffic impacts? (#l:Pgs 5.7-1 -
5.7.22; #2: Pgs III-58 - III-69)
VII. BIOLOGICAL RESOURCES. Would the proposal
result in impacts to:
a) Endangered, threatened or rare species or their habitats
(including but not limited to plants, fish, insects,
animals, and birds)? (#l:Pgs 5.4-1 - 5.4-24; #2: Pgs
III-37 - III-57;)
b) Locally designated species (e.g. heritage ttees)?
(#l:Pgs 5.4-1 - 5.4-24; #2: Pgs III-37 - III-57;)
c) Locally designated natural commimities (e.g. oak
forest, coastal habitat, etc.)? (#l:Pgs 5.4-1 - 5.4-24; #2:
Pgs III-37 - III-57;)
d) Wetland habitat (e.g. marsh, riparian and vemal pool)?
(#l:Pgs 5.4-1 - 5.4-24; #2: Pgs III-37 - III-58;)
e) Wildlife dispersal or migration corridors? (#1 :Pgs 5.4-1
- 5.4-24; #2: Pgs III-37 - III-57;)
Potentially
Significant
Impact
•
Potentially
Significant
Unless
Mitigation
Incorporated
•
Less Than
Significant
Impact
No
Impact
• H
• • • X
• • • X
• • • X
• • • X
• • • X
• • • X
VIII. ENERGY AND MINERAL RESOURCES. Would the
proposal?
a) Conflict with adopted energy conservation plans?
(#l:Pgs 5.12.1-1 - 5.12.1-5 & 5.13-1 - 5.13-9)
b) Use non-renewable resources in a wastefiil and
inefficient manner? (#I:Pgs 5.12.1-1 -5.I2.I-5 & 5.13-
1-5.13-9)
c) Result in the loss of availability of a known mineral
resource that would be of future value to the region and
the residents ofthe State? (#l:Pgs 5.12.1-1 - 5.12.1-5
& 5.13-1 -5.13-9)
• • • X
• • • X
• • • X
IX. HAZARDS. Would the proposal involve:
a) A risk of accidental explosion or release of hazardous Fn | [ [ [
substances (including, but not limited to: oil, pesticides,
chemicals or radiation)? (#I:Pgs 5.10.1-1 - 5.10.1-5)
b) Possible interference with an emergency response plan [ | | [ [ |
or emergency evacuation plan? (#l:Pgs 5.10.1-1 -
5.10.1-5)
c) The creation of any health hazard or potential health I 1 I I I I
hazards? (#l:Pgs 5.10.1-1 - 5.10.1-5; #2: Pgs III-97 - '—' '—' '—'
III-105; #5)
d) Exposure of people to existing sources of potential I I | I | |
health hazards? (#l:Pgs 5.10.1-1 - 5.10.1-5; #2: Pgs '—' '—' '—'
m-97-III-105;#5)
e) Increase fire hazard in areas with flammable bmsh, I I I I I 1
grass, or ttees? (#l.Pgs 5.10.1-1-5.10.1-5) '—' '—' '—'
X. NOISE. Would the proposal result in:
a) Increases in existing noise levels? (#l:Pgs 5.9-1
15; #2: Pgs III-88 - III-96)
5.9-• • • S
Rev. 03/28/96
Issues (and Supporting Information Sources).
b) Exposure of people to severe noise levels? (#l:Pgs 5.9-
1 - 5.9-15; #2: Pgs III-88 - III-96)
Potentially
Significant
Impact
•
Potentially
Significant
Unless
Mitigation
Incorporated
•
Less Than
Significant
Impact
No
Impact
• m
XI. PUBLIC SERVICES. Would the proposal have an
effect upon, or result in a need for new or altered
govemment services in any of the following areas:
a) Fire protection? (#l:Pgs 5.12.5-1 - 5.12.5-6)
b) Police protection? (#l:Pgs 5.12.6-1 - 5.12.6-4)
c) Schools? (#l:Pgs 5.12.7.1 - 5.12.7-5)
d) Maintenance of public facihties, including roads? (#1,
pgs 5.12.1-1 -5.12.8-7)
e) Other govemmental services? (#l:Pgs 5.12.1-1 -
5.12.8-7)
XII. UTILITIES AND SERVICES SYSTEMS. Would the
proposal result in a need for new systems or supplies,
or substantial alterations to the following utilities:
a) Power or nattiral gas? (#l:Pgs 5.12.1-1 - 5.12.1-5 &
5.13-1-5.13-9)
b) Communications systems? (# 1; pgs 5.12.1-1 - 5.12.8-7)
c) Local or regional water tteatment or distribution
facilities? (#l:Pgs 5.12.2-1 - 5.12.3-7)
d) Sewer or septic tanks? (#l:Pgs 5.12.3-1 - 5.12.3-7)
e) Storm water drainage? (#1 :Pg 5.2-8)
f) Solid waste disposal? (#l:Pgs 5.12.4-1 - 5.12.4-3)
g) Local or regional water supplies? (#l:Pgs 5.12.2-1 -
5.12.3-7)
XIII. AESTHETICS. Would the proposal:
a) Affect a scenic or vista or scenic highway? (#l:Pgs
5.11-1 -5.11-5; #2: Pgs III-l 19 - III-151)
b) Have a demonsttate negative aesthetic effect? (#l:Pgs
5.11-1 - 5.11-5; #2: Pgs III-l 19 - III-151)
c) Create light or glare? (#l:Pgs 5.11-1 - 5.11-5; #2: Pgs
III-119-III-151)
XIV. CULTURAL RESOURCES. Would the proposal:
a) Disturb paieontological resources? (#l:Pgs 5.8-1 - 5.8-
10; #2: Pgs III-106 - III-107)
b) Disturb archaeological resources? (#l:Pgs 5.8-1 - 5.8-
10; #2: Pgs III-70 - III-73)
c) Affect historical resources? (#l:Pgs 5.8-1 - 5.8-10; #2:
Pgs III-70 - III-73)
d) Have the potential to cause a physical change which
would affect unique ethnic cultural values? (#l:Pgs
5.8-1 - 5.8-10; #2: Pgs III-70 - III-73)
e) Resttict existing religious or sacred uses within the
potential impact area? (#l:Pgs 5.8-1 - 5.8-10; #2: Pgs
III-70 - III-73)
• • • X • • • X • • • X • • • X
• • • X
• • • X
• • • X
• • • X
• • • X
• • n X • • • X • • • X
• • • X
• • • X
• • • X
• • •
• • •
• • • X
• • • X
• • • X
Rev. 03/28/96
Issues (and Supporting Information Sources).
XV. RECREATIONAL. Would the proposal:
a) Increase the demand for neighborhood or regional
parks or other recreational facilities? (#l:Pgs 5.12.8-1 -
5.12.8-7)
b) Affect existing recreational opportunities? (#l:Pgs
5.12.8-1-5.12.8-7)
Potentially
Significant
Impact
•
•
Potentially Less Than No
Significant Significant Impact
Unless Impact
Mitigation
Incorporated
•
•
• H
• m
XVI. 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 resttict the range of a rare or
endangered plant or animal or eliminate important
examples of the major periods of Califomia history or
prehistory?
b) Does the project have impacts that are individually
limited, but cumulatively considerable?
("Cumulatively considerable" means that the
incremental effects of a project are considerable when
viewed in comiection with the effects of past projects,
the effects of other current projects, and the effects of
probable fiiture projects)?
c) Does the project have environmental effects which will
cause the substantial adverse effects on human beings,
either directly or indirectly?
•
•
• •
• •
• • • B
Rev. 03/28/96
XVII. EARLIER ANALYSES.
Earlier analysis of this proposed single-family residential project has been completed through the
General Plan Update (GPA 94-01) and related Master Environmental Impact Report (MEIR 93-
01). The MEIR is cited as source #1 in the preceding checklist. This proposal is consistent with
the applicable portions of the General Plan and is considered a project that was described in
MEIR 93-01 as within its scope. All feasible mitigation measures identified in MEIR 93-01
which are appropriate to the project have been incorporated into this project.
An MEIR may not be used to review projects ifit was certified more than five years prior to the
filing of an application for a later project except under certain circumstances. The City is
currently reviewing the 1994 MEIR to determine whether it is still adequate to review subsequent
projects. Although the MEIR was certified more than five years ago, the City's preliminary
review of its adequacy finds that no substantial changes have occurred with respect to the
circumstances under which the MEIR was certified. The only potential changed circumstance,
the intersection failure at Palomar Airport Rd. and EI Camino Real, is in the process of being
mitigated to below a level of significance. Additionally, there is no new available information,
which was not known and could not have been known at the time the MEIR was certified.
Therefore, the MEIR remains adequate to review later projects. All feasible mitigation measures
identified by the MEIR which are appropriate to this project have been incorporated into the
project.
The project site is located in an area which is subject to the requirements of the Zone 20 Specific
Plan approved by the City Council in 1994. A program EIR was certified for the Zone 20
Specific Plan. The Zone 20 Program EIR identified, analyzed, and recommended mitigation to
reduce potentially significant impacts to insignificant levels. The Zone 20 Program EIR (PEIR)
analyzed potential impacts to agriculture, air quality, biology, circulation, land use, noise,
pesticide residue, paleontology, public facilities financing, soils/geology, and visual aesthetics
that could result fi"om the development ofthe Specific Plan area. The Program EIR is intended to
be used in the review of subsequent projects within Zone 20. The project incorporates the
required Zone 20 Program EIR mitigation measures, and through the analysis of the required
additional biological, geotechnical, hydrology, and noise analysis a determination has been made
that no additional significant impacts beyond those identified and mitigated by the Program EIR
will result from this project. The following environmental evaluation briefly explains the basis
for this determination along with identifying the source documents which support the
environmental determination. The Zone 20 Program EIR and additional technical studies are
cited as source documents for this environmental evaluation.
10 Rev. 03/28/96
DISCUSSION OF ENVIRONMENTAL EVALUATION
I. PROJECT DESCRIPTION/ENVIRONMENTAL SETTING
The project site is 5.0 acres in size and is located on the east side of Black Rail Road and 1,500
feet south of fixture Poinsettia Lane. The project consists of 16 single-family lots with a
minimum lot area of 7,500 square feet developed on two cul-de-sac public streets. The site
contains no significant habitats as it has been used for agricultural purposes and now lies fallow.
The topography onsite consists of a ridge that trends north and south in the center ofthe property.
The high point is 381.6 feet above mean sea level (AMSL) and drops to 348 feet AMSL to the
west and 358 feet AMSL to the east. The project will require an export of 22,700 cubic yards of
export soil material.
The entire 5.0 site is designated as Residential Low-Medium Density (RLM 0-4 DU/AC) on the
General Plan Land Use Map. The project site is zoned Limited Control (L-C). A zone change
and local coastal program amendment are proposed to designate the site as One-Family
Residential, 7,500 square foot minimum lot size, Qualified Development Overlay Zone (R-l-Q)
to correspond to the existing general plan land use designations. In addition to approval of the
tentative map application a coastal development permit is being requested.
II. ENVIRONMENTAL ANALYSIS
A. Environmental Impact Discussion
V. a) Air Quality
The implementation of projects that are consistent with and included in the updated 1994 General
Plan will result in increased gas and electric power consumption and vehicle miles traveled.
These subsequently result in increases in the emission of carbon monoxide, reactive organic
gases, oxides of nitrogen and sulfijr, and suspended .particulates. These aerosols are the major
contributors to air pollution in the City as well as in the San Diego Air Basin. Since the San
Diego Air Basin is a "non-attainment basin", any additional air emissions are considered
cumulatively significant: therefore, continued development to build-out as proposed in the
updated General Plan will have cumulative significant impacts on the air quality of the region.
To lessen or minimize the impact on air quality associated with General Plan build-out, a variety
of mitigation measures are recommended in the Final Master EIR. These include: 1) provisions
for roadway and intersection improvements prior to or concurrent with development; 2) measures
to reduce vehicle trips through the implementation of Congestion and Transportation Demand
Management; 3) provisions to encourage altemative modes of transportation including mass
transit services; 4) conditions to promote energy efficient building and site design; and 5)
participation in regional growth management strategies when adopted. The applicable and
appropriate General Plan air quality mitigation measures have either been incorporated into the
design ofthe project or are included as conditions ofproject approval.
Operation-related emissions are considered cumulatively significant because the project is
11 Rev. 03/28/96
located within a "non-attainment basin", therefore, the "Initial Study" checklist is marked
"Potentially Significant Impact". This project is consistent with the General Plan, therefore, the
preparation of an EIR is not required because the certification of Final Master EIR 93-01, by City
Council Resolution No. 94-246, included a "Statement Of Overriding Considerations" for air
quality impacts. This "Statement Of Overriding Considerations" applies to all projects within
the scope of the General Plan's Final Master EIR, including this project, therefore, no further
environmental review of air quality impacts is required. This document is available at the
Planning Department.
VI. a) Transportation/Circulation
The implementation of projects that fall within the scope of and are included in the updated 1994
General Plan will result in increased traffic volumes. Roadway segments will be adequate to
accommodate build-out traffic; however, 12 full and 2 partial intersections will be severely
impacted by regional through-traffic over which the City has no jurisdictional control. These
generally include all fi-eeway interchange areas and major intersections along Carlsbad
Boulevard. Even with the implementation of roadway improvements, a number of intersections
are projected to fail the City's adopted Growth Management performance standards at build-out.
To lessen or minimize the impact on circulation associated with General Plan build-out,
numerous mitigation measures have been recommended in the Final Master EIR. These include:
1) measures to ensure the provision of circulation facilities concurrent with need; 2) provisions to
develop altemative modes of transportation such as trails, bicycle routes, additional sidewalks,
pedestrian linkages, and commuter rail systems; and 3) participation in regional circulation
strategies when adopted. The diversion of regional through-traffic firom a failing Interstate or
State Highway onto City streets creates impacts that are not within the jurisdiction of the City to
control. The applicable and appropriate General Plan circulation mitigation measures have either
been incorporated into the design of the project or are included as conditions of project approval.
The project will generate 370 average daily trips. Conditions of project approval will include
constmcting a portion of Black Rail Road along the project fi-ontage.
Regional related circulation impacts are considered cumulatively significant because of the
failure of intersections at build-out of the General Plan due to regional through-traffic, therefore,
the "Initial Study" checklist is marked "Potentially Significant Impact". This project is
consistent with the General Plan, therefore, the preparation of an EIR is not required because the
recent certification of Final Master EIR 93-01, by City Coimcil Resolution No. 94-246, included
a "Statement Of Overriding Considerations" for circulation impacts. This "Statement Of
Overriding Considerations" applies to all projects that fall within the scope ofthe General Plan's
Master EIR, including this project, therefore, no fiirther environmental review of circulation
impacts is required.
VII. a, c. & e) Biological Resources
The Zone 20 Program EIR identified the mitigation requirement that future site specific
biological survey studies that focus on the impacts created by individual subsequent development
projects be prepared. The additional biological studies are required to consider the baseline data
and biological open space recommendations of the Zone 20 Program EIR and provide more
12 Rev. 03/28/96
detailed and current resource surveys. The site specific biological survey is required to identify
mitigation for any project specific impacts.
The project site has been used for agricultural purposes and is devoid of endangered, threatened
or rare species. The surroimding properties have also been used for agricultural purposes and are
devoid of significant vegetation. The properties to the north and east have been graded for
residential lots. This project would not impact wildlife dispersal or migration corridors.
IX. c) and d) Hazards
2) Agricultural chemicals have previously been used on the site according to the Zone 20
Program EIR. Because of this prior use there is the potential for soil contamination
resulting fi-om the varying degrees of degradation, prevalence in the environment, and
toxicity of the agricultural chemicals which may have been used. A Limited Soil
Sampling and Agricultural Chemical Evaluation was conducted on the site and
determined that the overall potential for significant agricultural hazardous material or
contamination onsite was insignificant and no additional testing or mitigation measures
as described in the Zone 20 Specific Plan EIR are warranted.
X. b) Noise
AU projects located within 500 feet of existing/future Poinsettia Lane or within the
McClellan-Palomar Airport Influence Area are required to analyze the projected noise
impacts. Because the property is approximately 1500 feet south of future Poinsettia Lane
and located south of the McClellan-Palomar Airport Influence Area, a noise study was
not prepared for the project. The property is within a three-mile radius of the airport.
The following noise mitigation measures are required for the project:
1) Prior to the recordation ofthe first final tract map or the issuance of building permits,
whichever occurs first, the Developer shall prepare and record a Notice that this property
is subject to overflight, sight and sound of aircraft operating fi-om McClellan-Palomar
Airport, in a form meeting the approval of the Planning Director and the City Attomey
(see Noise Form #2 on file in the Planning Department).
XIV. a) Culmral Resources - Paleontology
According to the Zone 20 Program EIR the geologic formations present within the Zone 20
Specific Plan Area have the potential to contain significant fossils. There is a high potential for
the discovery of fossils during fiiture grading and constmction activities. The following
mitigation measures shall be implemented during fiimre grading of the site to reduce potentially
significant impacts on the region's paieontological resources to an acceptable level:
A. Prior to any grading of the project site, a paleontologist shall be retained to
perform a walkover survey of the site and to review the grading plans to
13 Rev. 03/28/96
determine if the proposed grading will impact fossil resources. A copy of the
paleontologist's report shall be provided to the Planning Director prior to issuance
of a grading permit;
B. A qualified paleontologist shall be retained to perform periodic inspections of the
site and to salvage exposed fossils. Due to the small nature of some of the fossils
present in the geologic strata, it may be necessary to collect matrix samples for
laboratory processing through fine screens. The paleontologist shall make
periodic reports to the Planning Director during the grading process;
C. The paleontologist shall be allowed to divert or direct grading in the area of an
exposed fossil in order to facilitate evaluation and, if necessary, salvage artifacts;
D. All fossils collected shall be donated to a public, non-profit institution with a
research interest in the materials, such as the San Diego Natural History Museum;
E. Any conflicts regarding the role of the paleontologist and the grading activities of
the project shall be resolved by the Planning Director and City Engineer.
b) Cultural Resources - Archaeology
A. The Zone 20 EIR does not identify any archaeological sites on the property.
14 Rev. 03/28/96
III. EARLIER ANALYSES USED
The following documents were used in the analysis of this project and are on file in the City of
Carlsbad Planning Department located at 1635 Faraday Avenue, Carlsbad CA 92008, (760) 602-
4613.
1. "Final Master Environmental Impact Report for the City of Carlsbad General Plan
Update" (MEIR 93-01), dated March 1994, City ofCarlsbad Planning Department.
2. "Final Program Environmental Impact Report for the Zone 20 Specific Plan" (EIR 90-
03), dated June 1992, Brian F. Mooney Associates.
3. "Soil and Geologic Recoimaissance, Tabata, Carlsbad, Califomia, dated June 2000,
Geocon, Inc.
1. "Limited Soil Sampling and Agricultural Chemical Evaluation - 5-acre Former Tabata
Property Carlsbad, Califomian", dated November 10, 2000, Geocon Inc.
2. "Hydrology Stiidy for Tabata Property Tentative Map" (Job No.00-1003), June 30, 2000,
O'Day Consultants.
LIST OF MITIGATING MEASURES (IF APPLICABLE)
1. The applicant shall notify, in a manner satisfactory to the City Attomey, all tenants/users
of new development that these areas are subject to dust, pesticides, and odors associated
with adjacent agricultural operations, and that the tenants/users occupy these areas at their
own risk.
2. Prior to the recordation of the first final tract map or the issuance of building permits,
whichever occurs first, the Developer shall prepare and record a Notice that this property
is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar
Airport, in a form meeting the approval of the Planning Director and the City Attomey
(see Noise Form #2 on file in the Planning Department).
3. Prior to any grading of the project site, a paleontologist shall be retained to perform a
walkover survey of the site and to review the grading plans to determine if the proposed
grading will impact fossil resources. A copy of the paleontologist's report shall be
provided to the Planning Director prior to issuance of a grading permit;
A. A qualifled paleontologist shall be retained to perform periodic inspections
of the site and to salvage exposed fossils. Due to the small nature of some
of the fossils present in the geologic strata, it may be necessary to collect
matrix samples for laboratory processing through fine screens. The
paleontologist shall make periodic reports to the Planning Director during
the grading process;
15 Rev. 03/28/96
w
B. The paleontologist shall be allowed to divert or direct grading in the area
of an exposed fossil in order to facilitate evaluation and, if necessary,
salvage artifacts;
C. All fossils collected shall be donated to a public, non-profit institution
with a research interest in the materials, such as the San Diego Natural
History Museum;
D. Any conflicts regarding the role of the paleontologist and the grading
activities ofthe project shall be resolved by the Planning Director and City
Engineer.
ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE)
See attached
APPLICANT CONCURRENCE WITH MITIGATION MEASURES
THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING
MEASURES AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE
PROJECT.
Date Sj^atiire
16 Rev. 03/28/96
1
PROJECTNAME: Tabata Propertv
APPROVAL DATE:
FILE NUMBERS: ZC 00-04/LCPA 00-04/CT 00-13/CDP 00-36
MITIGATED NEG. DEC: November 16. 2000
The following environmental mitigation measures were incorporated into the Conditions of Approval for this project in order to mitigate
identified environmental impacts to a level of insignificance. A completed and signed checklist for each mitigation measure indicates that
this mitigation measure has been complied with and implemented, and fulfills the City's monitoring requirements with respect to Assembly
Bill 3180 (Public Resources Code Section 21081.6).
Mitigation Measure Monitoring
Type
Monitoring
Department
Shown on
Plans
Verified
Implementation Remarks
The applicant shall notify, in a manner satisfactory to the City
Attorney, all tenants/users of new development that these areas
are subject to dust, pesticides, and odors associated with adjacent
agricultural operations, and that the tenants/users occupy these
areas at their own risk.
Project Planning No
Prior to the recordation of the first final tract map or the issuance of
buiiding permits, whichever occurs first, the Developer shall
prepare and record a Notice that this property is subject to
overflight, sight and sound of aircraft operating from McClellan-
Palomar Airport, in a form meeting the approval of the Planning
Director and the City Attorney (see Noise Form #2 on file in the
Planning Department).
Project Planning No
m
<
TJ O
m z
i!
r-
I.
o z
o
z o
o
X
m o
H
i
(Q (D
Explanation of Headings:
Type = Project, ongoing, cumulative.
Monitoring Dept. = Department, or Agency, responsible for monitoring a particular
mitigation measure.
information.
Shown on Plans = When mitigation measure is shown on plans, this column will be
Initialed and dated.
Verified Implementation = When mitigation measure has been implemented,
this column will be Initialed and dated.
Remarks = Area for describing status of ongoing mitigation measure, or for other
RD - Appendix P.
O
-h
Mitigation Measure Monitoring
Type
Monitoring
Department
Shown on
Plans
Verified
Implementation Remarks
m z <
Ti O
Z
m
A. Prior to any grading of the project site, a
paleontologist shall be retained to perform
a walkover survey of the site and to review
the grading plans to determine if the
proposed grading will impact fossil
resources. A copy of the paleontologist's
report shall be provided to the Planning
Director prior to issuance of a grading
permit;
B. A qualified paleontologist shall be retained
to perform periodic inspections of the site
and to salvage exposed fossils. Due to
the small nature of some of the fossils
present in the geologic strata, it may be
necessary to collect matrix samples for
laboratory processing through fine
screens. The paleontologist shall make
periodic reports to the Planning Director
during the grading process;
C. The paleontologist shall be allowed to
divert or direct grading in the area of an
exposed fossil in order to facilitate
evaluation and, if necessary, salvage
artifacts;
D. All fossils collected shall be donated to a
public, non-profit institution with a research
interest in the materials, such as the San
Diego Natural History Museum;
Any conflicts regarding the role of the paleontologist and the
grading activities of the project shall be resolved by the Planning
Director and City Engineer.
Project Planning No
O
O
O X m o
C/)
fi)
<D
NJ
O
to
Explanation of Headings:
Type = Project, ongoing, cumulative.
Monitoring Dept. = Department, or Agency, responsible for monitoring a particular
mitigation measure.
Information.
Shown on Plans = When mitigation measure is shown on plans, this column will be
Initialed and dated.
Verified Implementation = When mitigation measure has been implemented,
this column will be initialed and dated.
Remarks = Area for describing status of ongoing mitigation measure, or for other
RD - Appendix P.
ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART I
(TO BE COMPLETED BY THE APPLICANT)
CASE NO: aTM-l3
DATE RECEIVED: 7-<^3-<^ O
(To be complele bv staff)
BACKGROUND
1. CASE NAME: 'tabata
2. APPLICANT: The Brehm Companies
3. ADDRESS AND PHONE NUMBER OF APPLICANT: ^^"^^ Oberlin Drive,
San Diego, CA 92121 (858) 453-3040
4 PROJECT DESCRIPTION- Tentative Map, Coastal Development Permit,
Zone Change and Local Coastal Plan Amendment for 17 single family lots,
SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
Please check any of the environmental factors listed below that would be potentially affected by this
project. This would be any environmental factor that has at least one impact checked "Potentially
Significant Impact," or "Potentially Significant Impact Unless Mitigation Incorporated" in the checklist
on the following pages.
I I Land Use and Planning Q Transportation/Circulation []] Public Services
I I Population and Housing Q Biological Resources Q Utilities & Service Systems
I I Geological Problems Q Energy & Mineral Resources Q Aesthetics
I I Water Hazards Q Cultural Resources
Air Quality Q Noise Q Recreation
I I Mandatory Findings of Significance
1 Rev. 03/28/96
ENVIRONMENTAL IMPACTS
STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City
conduct an Environmental Impact Assessment to determine if a project may have a significant
effect on the environment. The Enviroimiental Impact Assessment appears in the following
pages in the form of a checklist. This checklist identifies any physical, biological and human
factors that might be impacted by the proposed project and provides the City with information to
use as the basis for deciding whether to prepare an Environmental Impact Report (EIR). Negative
Declaration, or to rely on a previously approved EIR or Negative Declaration.
• A brief explanation is required for all answers except "No Impact" answers that are
adequately supported by an information source cited in the parentheses following each
question. A "No Impact" answer is adequately supported if the referenced information
sources show that the impact simply does not apply to projects like the one involved. A
"No Impact" answer should be explained when there is no source document to refer to. or
it is based on project-specific factors as well as general standards.
• "Less Than Significant Impact" applies where there is supporting evidence that the
potential impact is not adversely significant, and the impact does not exceed adopted
general standards and policies.
• "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation
of mitigation measures has reduced an effect fi-om "Potentially Significant Impact" to a
"Less Than Significant Impact." The developer must agree to the mitigation, and the
City must describe the mitigation measures, and briefly explain how they reduce the
effect to a less than significant level.
• "Potentially Significant Impact" is appropriate if there is substantial evidence that an
effect is significant.
• Based on an "EIA-Part II", if a proposed project could have a potentially significant
effect on the environment, but all potentially significant effects (a) have been analyzed
adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable
standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated
Negative Declaration, including revisions or mitigation measures that are imposed upon
the proposed project, and none of the circumstances requiring a supplement to or
supplemental EIR are present and all the mitigation measures required by the prior
environmental document have been incorporated into this project, then no additional
environmental document is required (Prior Compliance).
• When "Potentially Significant Impact" is checked the project is not necessarily required
to prepare an EIR if the significant effect has been analyzed adequately in an earlier EIR
pursuant to applicable standards and the effect will be mitigated, or a "Statement of
Overriding Considerations" has been made pursuant to that earlier EIR.
• A Negative Declaration may be prepared if the City perceives no substantial evidence that
the project or any of its aspects may cause a significant effect on the environment.
Rev. 03/28/96
• If there are one or more potentially significant effects, the City may avoid preparing an
EIR if there are mitigation measures to clearly reduce impacts to less than significant, and
those mitigation measures are agreed to by the developer prior to public review. In this
case, the appropriate "Potentially Significant Impact Unless Mitigation Incorporated"
may be checked and a Mitigated Negative Declaration may be prepared.
• An EIR must be prepared if "Potentially Significant Impact" is checked, and including
but not limited to the following circumstances: (1) the potentially significant effect has
not been discussed or mitigated in an Earlier EIR pursuant to applicable standards, and
the developer does not agree to mitigation measures that reduce the impact to less than
significant; (2) a "Statement of Overriding Considerations" for the significant impact has
not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce
the impact to less than significant, or; (4) through the EIA-Part II analysis it is not
possible to determine the level of significance for a potentially adverse effect, or
determine the effectiveness of a mitigation measure in reducing a potentially significant
effect to below a level of significance.
A discussion of potential impacts and the proposed mitigation measures appears at the end of the
form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention
should be given to discussing mitigation for impacts which would otherwise be determined
significant.
Rev. 03/28/96
Issues (and Supporting Information Sources):
(Supplemental documents be r^erred to and attached)
I. LAND USE AND PLANNING. Would tiie proposal:.
a) Conflict with general plan designation or zoning?
(Source #(s): ( )
b) Conflict with applicable environmental plans or
policies adopted by agencies with jurisdiction over the
project? ( )
c) Be incompatible with existing land use in the vicinity?
( )
d) Affect agricultural resources or operations (e.g. impacts
to soils or farmlands, or impacts fi-om incompatible
land uses? ( )
e) Disrupt or divide the physical arrangement of an
established community (including a low-income or
minority community)? ( )
II. POPULATION AND HOUSING. Would the proposal:
a) Cumulatively exceed official regional or local
population projections? ( )
b) Induce substantial growth in an area either directly or
indirectly (e.g. through projects in an undeveloped area
or extension of major inft-astructtire)?
( )
c) Displace existing housing, especially affordable
housing? ( )
III. GEOLOGIC PROBLEMS. Would die proposal resuh in or
expose people to potential impacts involving:
a) Fault rupture? ( )
b) Seismic ground shaking? ( )
c) Seismic ground failure, including liquefaction?
( )
d) Seiche, tsunami, or volcanic hazard?
( )
e) Landslides or mudflows? ( )
f) Erosion, changes in topography or unstable soil
conditions from excavation, grading, or fill?
( )
g) Subsidence of the land? ( )
h) Expansive soils? ( )
i) Unique geologic or physical features?
( )
IV. WATER. Would the proposal result in:
a) Changes in absorption rates, drainage pattems, or the
rate and amount of surface runoff? ( )
b) Exposure of peopie or property to water related hazards
such as flooding? ( )
Potentially Potentially Less Than
Significant Significant Significan
Impact Unless t Impact
Mitigation
Incorporated
No
Impact
• • • ••
• • •
• • •
• • •
• • •
• • •
• • •
• • •
• • •
• • •
• • •
• • •
• • •
• • •
• • •
• • •
• • •
• • •
• • •
Rev. 03/28/96
Issues (and Supporting Infonnation Sources):
(SupplemaUdi^ocimenk atia^^^
c) Discharge into surface waters or other alteration of
surface water quality (e.g. temperamre, dissolved
oxygen or turbidity)? ( )
d) Changes in the amount of surface water in any water
body?( )
e) Changes in currents, or the course or direcfion of water
movements? ( )
f) Changes in the quantity of ground waters, either
through direct additions or withdrawals, or through
interception of an aquifer by cuts or excavations or
through substantial loss of groundwater recharge
capability? ( )
g) Altered direction or rate of flow of groundwater?
( )
h) Impacts to groundwater quality? ( )
i) Substantial reduction in the amoimt of groundwater
otherwise available for public water supplies?
( )
V. AIR QUALITY. Would the proposal:
a) Violate any air quality standard or conttibute to an
existing or projected air quality violation?
( )
b) Expose sensitive receptors to pollutants?
( )
c) Alter air movement, moisture, or temperamre, or cause
any change in climate? ( )
d) Create objectionable odors? ( )
VI. TRANSPORTATION/CIRCULATION. Would the
proposal result in:
a) Increased vehicle ttips or ttaffic congestion?
( )
b) Hazards to safety from design features (e.g. sharp
curves or dangerous intersections) or incompatible uses
(e.g. farm equipment)? ( )
c) Inadequate emergency access or access to nearby uses?
( )
d) Insufficient parking capacity on-site or off-site?
( )
e) Hazards or barriers for pedesfrians or bicyclists?
( )
f) Conflicts with adopted policies supporting alteraative
transportation (e.g. bus tumouts, bicycle racks)?
( )
g) Rail, waterbome or air fraffic impacts?
( )
Potentially Potentially Less Than
Significant Significant Significan
Impact Unless t Impact
Mitigation
Incorporated
No
Impact
• • •
• • •
• • • Kl
• • •
• • • ><
• • •
• • • X
• • •
• • •
• • •
• • •
• • • M
• • •
• • • X
• • •
• • •
• • •
• • • X
Rev. 03/28/96
Issues (and Supporting Infomiation Sources):
VII. BIOLOGICAL RESOURCES. Would the proposal result
in impacts to:
a) Endangered, threatened or rare species or their habitats
(including but not limited to plants, fish, insects,
animals, and birds? ( )
b) Locally designated species (e.g. heritage frees)?
( )
c) Locally designated natural communities (e.g. oak
forest, coastal habitat, etc.)? ( )
d) Wetland habitat (e.g. marsh, riparian and veraal pool)?
( )
e) Wildlife dispersal or migration corridors?
( )
VIII. ENERGY AND MINERAL RESOURCES. Would the
proposal?
a) Conflict with adopted energy conservation plans?
( )
b) Use non-renewable resources in a wasteful and
inefficient maimer? ( )
c) Resuh in the loss of availability of a known mineral
resource that would be of fiiture value to the region and
the residents of the State? ( )
IX. HAZARDS. Would the proposal involve:
a) A risk of accidental explosion or release of hazardous
substances (including, but not limited to: oil, pesticides,
chemicals or radiation)? ( )
b) Possible interference with an emergency response plan
or emergency evacuation plan? ( )
c) The creation of any health hazard or potential health
hazards? ( )
d) Exposure of people to existing soufces of potential
health hazards? ( )
e) Increase fire hazard in areas with flammable brush,
grass, or frees? ( )
X. NOISE. Would the proposal resuk in:
a) Increases in existing noise leveis? ( )
b) Exposure of people to severe noise levels?
( )
XI. PUBLIC SERVICES. Would the proposal have an effect
upon, or result in a need for new or altered goverameiit
services in any of the following areas:
Fire protection? ( )
Police protecfion? ( )
Schools? ( )
a)
b)
c)
Potentially Potentially Less Than No
Significant Significant Significan Impact
Impact Unless t Impact
Mitigation
Incorporated
• • • m
• • •
• • • El
• • • n
• • •
• • •
• • •
• • •
• • •
• • •
• • •
• • •
• • •
• • •
• • •
• • •
• • •
• • Kl •
Rev. 03/28/96
Issues (and Supporting Information Sources): Potentially
Significant
Impact
d) Maintenance of public facilities, including roads?
( )
e) Other governmental services? ( )
XII. UTILITIES AND SERVICES SYSTEMS. Would the
proposal result in a need for new systems or supplies,
or substantial alterations to the following utilifies:
a) Power or natural gas? ( )
b) Communications systems? ( )
c) Local or regional water freatment or disfribution
facilities? ( )
d) Sewer or septic tanks? ( )
e) Storm water drainage? ( )
f) Solid waste disposal? ( )
g) Local or regional water supplies? ( )
XIII. AESTHETICS. Would the proposal:
a) Affect a scenic or vista or scenic highway?
( )
b) Have a demonsfrate negative aesthetic effect?
( )
c) Create light or glare? ( )
XIV. CULTURAL RESOURCES. Would the proposal:
a) Disturb paieontological resources? ( )
b) Dismrb archaeological resources? ( )
c) Affect historical resources? ( )
d) Have the potential to cause a physical change which
would affect unique ethnic cultural values?
( )
e) Resfrict existing religious or sacred uses within the
potential impact area? ( )
XV. RECREATIONAL. Would die proposal:
a) Increase the demand for neighborhood or regional
parks or other recreational facilities?
( )
b) Affect existing recreational opportunities?
( )
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significan
t Impact
No
Impact
• • •
• • •
• • •
• • •
• • •
• • •
• • •
• • •
• • •
• • •
• • • m
• • • El
• • •
• • •
• • •
• • •
• • •
• • • m
• • •
Rev. 03/28/96
Issues (and Supporting Informafion Sources):
XVI. 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 eluninate important
examples of the major periods of Califomia history or
prehistory?
b) Does the project have impacts that are individually
limited, but cumulatively considerable?
("Cumulatively considerable" means that the
incremental effects of a project are considerable when
viewed in connection with the effects of past projects,
the effects of other current projects, and the effects of
probable future projects)?
c) Does the project have environmental effects which will
cause the substantial adverse effects on human bemgs,
either directly or indirectly?
Potentially
Significant
Impact
•
•
•
Potentially
Significant
Unless
Mitigation
Incorporated
•
•
•
Less Than
Significan
t Impact
No
Impact
• P
m •
• 0
XVII. EARLIER ANALYSES.
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 fi-om 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.
Rev. 03/28/96
DISCUSSION OF ENVIRONMENTAL EVALUATION
Please use this area to discuss any of the environmental factors that were checked "No impact"
yet lack any information citations and any factors that were checked "Potentially Significant
Impact" or "Potentially Sigmficant Impact Unless Mitigation Incorporated." The City has
adopted a "Statement of Overriding Consideration" with regard to air quality and circulation
impacts resulting firom the normal buildout according to the General Plan. The following sample
text is intended to guide your discussion of the impacts to these environmental factors.
AIR OUALITY:
The implementation of subsequent projects that are consistent with and included in the updated
1994 General Plan will result in increased gas and electric power consumption and vehicle miles
traveled. These subsequently result in increases in the emission of carbon monoxide, reactive
organic gases, oxides of nitrogen and sulfur, and suspended particulates. These aerosols are the
major contributors to air pollution in the City as well as in the San Diego Air Basin. Since the
San Diego Air Basin is a "non-attainment basin", any additional air emissions are considered
cumulatively significant: therefore, coritinued development to buildout as proposed in the
updated General Plan will have cumulative significant impacts on the air quality of the region.
To lessen or minimize the impact on air quality associated with General Plan buildout, a variety
of mitigation measures are recommended in the Final Master EIR. These include: 1) provisions
for roadway and intersection improvements prior to or concurrent with development; 2) measures
to reduce vehicle trips through the implementation of Congestion and Transportation Demand
Management; 3) provisions to encourage altemative modes of transportation including mass
transit services; 4) conditions to promote energy efficient building and site design; and 5)
participation in regional growth management strategies when adopted. The applicable and
appropriate General Plan air quality mitigation measures have either been incorporated into the
design of the project or are included as conditions of project approval.
Operation-related emissions are considered cumulatively significant because the project is
located within a "non-attainment basin", therefore, the "Initial Study" checklist is marked
"Potentially Significant Impact". This project is consistent with the General Plan, therefore, the
preparation of an EIR is not required because the certification of Final Master EIR 93-01, by City
Council Resolution No. 94-246, included a "Statement Of Overriding Considerations" for air
quality impacts. This "Statement Of Overriding Considerations" applies to all subsequent
projects covered by the General Plan's Final Master EIR, including this project, therefore, no
further environmental review of air quality impacts is required. This document is available at the
Planning Department.
CIRCULATION:
The implementation of subsequent projects that are consistent -with and included in the updated
1994 General Plan will result in increased traffic volumes. Roadway segments will be adequate
to accommodate buildout traffic; however, 12 full and 2 partial intersections will be severely
impacted by regional through-traffic over which the City has no jurisdictional control. These
generally include all freeway interchange areas and major intersections along Carlsbad
Boulevard. Even with the implementation of roadway improvements, a number of intersections
9 Rev. 03/28/96
are projected to fail the City's adopted Growth Management performance standards at buildout.
To lessen or minimize the impact on circulation associated -with General Plan buildout, numerous
mitigation measures have been recommended in the Final Master EIR. These include measures
to ensure the provision of circulation facilities concurrent with need; 2) provisions to develop
altemative modes of transportation such as trails, bicycle routes, additional sidewalks, pedestrian
linkages, and commuter rail systems; and 3) participation in regional circulation strategies when
adopted. The diversion of regional through-traffic fi-om a failing Interstate or State Highway
onto City streets creates impacts that are not within the jurisdiction of the City to control. The
applicable and appropriate General Plan circulation mitigation measures have either been
incorporated into the design of the project or are included as conditions of project approval.
Regional related circulation impacts are considered cumulatively significant because of the
failure of intersections at buildout of the General Plan due to regional through-traffic, therefore,
the "Initial Smdy" checklist is marked "Potentially Significant Impact". This project is
consistent with the General Plan, therefore, the preparation of an EIR is not required because the
recent certification of Final Master EIR 93-01, by City Council Resolution No. 94-246, included
a "Statement Of Overriding Considerations" for circulation impacts. This "Statement Of
Overriding Considerations" applies to all subsequent projects covered by the General Plan's
Master EIR, including this project, therefore, no further environmental review of circulation
impacts is required.
LIST OF MITIGATING MEASURES (IF APPLICABLE)
ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE-)
10 Rev. 03/28/96
PART I EIA
for TABATA
I. LAND USE PLANNING
a) No impact. The proposed project is in conformance with the general plan
designation for the property. The property is currentiy zoned L-C, which is an
interim zone for areas where plans for development have not been formalized.
The proposed R-l zoning is consistent with the development surrounding this
property.
b) No impact. The proposed project will confonn with applicable environmental
plans and policies adopted by agencies with jurisdiction over the project.
c) No impact. The proposed residential lots will be compatible with existing land
uses in the vicinity, which are primarily residential mixed with some open space.
d) No impact. The project will not affect agricultural resources or operations since
the site has not been used for agricultural purposes.
e) No impact. The project site is currentiy vacant. The proposed project will not
disrupt or divide the physical arrangement of any established communities.
IL POPULATION AND HOUSING
a) No impact. The proposed project is consistent with its RLM General Plan
designation and will not add to population projections already anticipated for the
property.
b) No impact. The proposed project will not induce growth in the area. The project
is located in an area specifically defined for urban development and is surrounded
by properties approved or designated for residential development.
c) No impact. The site for the proposed project wdll not displace existing housing
since the site is currently vacant.
III. GEOLOGIC PROBLEMS
a) No impact. The site is not located near active faults. Therefore, the proposed
project is not expected to result in or expose people to potential impacts involving
fault rupture.
b) No impact. Due to the distance from known active faults firom the site, the
proposed project will not expose people to significant seismic groimd shaking.(l)
c) No impact. This project will not expose people to seismic ground failure
including liquefaction, due to the distance of the known active faults from the site.
d) No impact. The site is not located in an area of volcanic activity and does not
have a history of seiche or tsimami hazards. Therefore, the proposed project -will
not expose people to impacts invol-ving seiche, tsunami or volcanic hazards.
e) No impact. The project site is not located within an area of landslides or
mudflows.
f) No impact. All grading and filling will be done in accordance with the City's
regulations regarding such activities. The site is currently relatively flat and the
required grading will not create significant changes in topography or imstable soil
conditions from excavation, grading or fill.
g) No impact. The project site is not located in an area known for subsidence and is
not expected to result in or expose people to potential to impacts involving
subsidence of the land as identified in the City's General Plan EIR.
h) No impact. The proposed project will not result in or expose people to potential
impacts involving expansive soils. The property is not located in an area known
to have expansive soils.
i) No impact. No unique geologic or physical features are known to exist at the
project site.
rv. WATER
a) Less than significant impact. The proposed Tentative Map for 17 single family
homes will not significantly change absorption rates, drainage pattems or the rate
and amount of surface runoff.
b) No impact. The site is not in an area that is prone to flooding or other water
hazards.
c) Less than significant impact. Discharge into surface water will not be
significantly altered and surface water quality will not be significantly affected by
the proposed project due to the implementation ofthe latest storm water
management practices.
d) Less than significant impact. The project will not significantiy affect the
amount of surface water in any water body.
e) No impact. The proposed project will not significantly affect currents or the
course or direction of water movements.
f) No impact. The project will not affect the quantity or the quality of ground
waters either through direct additions or withdraws or through interception of an
aquifer by cuts or excavations or through substantial loss of recharge capability.
g) No impact. Since the proposed project does not use groundwater, the project will
not alter direction of the rate of flow of groundwater.
h) No impact. The project will not significantiy impact groundwater quality, since
there will be no direct infiltration into any known groundwater supply.
i) No impact. The proposed project will not cause a substantial reduction in the
amount of groundwater otherwise available for public water supplies since the
project will not use groundwater nor impact a significant area otherwise available
for groundwater percolation.
V, AIR OUALITY
a) Potentially significant impact. Although the project will contribute to
cumulative air quality impacts, as virtually any development within the San Diego
Air Basin will, a statement of overriding consideration was adopted in the City of
Carlsbad's Final Master EIR for this cumulative impact
b) No impact. The residential lots will not expose sensitive receptors to pollutants.
c) No impact. The proposed residential lots will not alter air movement, moisture,
temperature or cause a change in climate.
d) No impact. Residential lots typically do not create objectional odors. Therefore,
it is not expected that the proposed residential lots would create objectionable
odors.
VL TRANSPORTATION/CIRCULATION
a) No impact. The proposed residential lots will not contribute to a cumulative
increase in vehicle trips or traffic congestion impacts beyond those anticipated by
the City's General Plan.
b) No impact. The project will not result in hazards to safety fi*om design features.
The proposed circulation system includes standard provisions for transportation
systems so that there will be no increased traffic hazards to motor vehicles,
bicyclists or pedestrians.
c) No impact. The proposed project will provide adequate emergency access. The
project's circulation system will be reviewed by all pertinent City departments to
ensure that there will be no impacts to any emergency response procedures or
evacuation plans.
d) No impact. Parking for the project will be sufficient Parking requirements for
the site will comply with the requirements of the Carlsbad Municipal Code.
e) No impact. The project will not result in hazards or barriers for pedestrians or
bicycUsts. The approved circulation system includes standard provisions for
transportation systems so that there will be no increased traffic hazards to motor
vehicles, bicyclists or pedestrians.
f) No impact. The proposed project will conform with adopted policies supporting
altemative transportation.
g) No impact. No impacts to railroad, airport or waterbome traffic are anticipated.
The site is outside of the railroad influence area, so no impacts to or from the
railroad will result and no waterbome traffic occurs in the vicinity.
VII. BIOLOGICAL RESOURCES
a) No impact. The project site has been used for agricultural purposes and is devoid
of endangered, threatened or rare species or their habitats.
b) No impact. The site does not contain locally designated species.
c) No impact. The site does not contain locally designated conununities.
d) No impact. The proposed project is not located on wetland habitat, so it will not
impact wetland habitat.
e) No impact. The project site has been used for agricultural purposes and the areas
to the east and west ofthe site are under development. Given the site's
surrounding land uses and the site's own current land use, no impacts to wildlife
dispersal or migration corridors are expected.
VIII. ENERGY AND MINERAL RESOURCES
a) No impact. The proposed project will conform with adopted energy conservation
plans.
b) No impact. The proposed project will not use non-renewable resources in a
wastefiil inefficient maimer.
c) No impact. No mineral resources are known to exist on this site. Therefore, the
proposed project will not result in the loss of availability of a known inineral
resource tiiat would be of future value to the region and the loss of availability of
a known mineral resource that would be of future value to the region and the
residents of the State.
IX. HAZARDS
a) No impact. The proposed project will not involve the storage, application, use or
disposal of hazardous materials or substances and therefore will not involve a risk
of accidental explosion or release of hazardous substances.
b) No impact. The proposed project has been designed so as not to interfere with
any emergency response or evacuation plans. The project's circulation system
will be reviewed by all pertinent City departments to ensure that there will be no
impacts to any emergency response procedures or evacuation plans.
c) No impact. The project will not create any health hazards or any potential health
hazards.
d) No impact. There are no existing health hazards on the site.
e) No impact. The project will be constracted in compUance with all applicable
City policies and codes regarding fire suppression and low fiiel planting.
X, NOISE
a) No impact. The proposed residential lots v^U not increase noise levels beyond
what may be anticipated in relation to short term constiruction noise.
b) No impact. The proposed residential lots will not involve exposure of people to
severe noise levels beyond impacts related to short term constraction noise.
XL PUBLIC SERVICES
a) Less than significant impact. It is not expected that 17 residential units will
have a significant effect on fire protection services.
b) Less than significant impact. It is not expected that 17 residential units will
have a significant effect on police services.
c) Less than significant impact. It is not expected that 17 residential units will
have a significant effect on school facilities.
d) Less than significant impact. It is not expected that 17 residential units will
have a significant effect on maintenance of public facilities.
e) Less than significant impact. It is not expected that 17 residential units wiU
have a significant effect on other govemmental services.
xn. UTILITIES AND SERVICES SYSTEMS
a) No impact. The proposed project will tie into existing power and gas utilities and
will not create a need for additional supply systems.
b) No impact. The proposed project wiil tie into existing communication and cable
facilities and will not create demand for major facilities for conununications or
cable.
c) Less than significant impact. It is not expected that 17 residential units will
have a significant effect on water treatment or distribution facilities.
d) Less than significant impact. It is not expected that 17 residential units will
have a significant effect on sewer services.
e) Less than significant impact. It is not expected that 17 residential units on this
5.0 acre site will have a significant effect on storm drain facilities.
f) Less than significant impact. It is not expected that 17 residential units will
have a significant effect on waste disposal services.
g) Less than significant impact. It is not expected that 17 residential units will
have a significant effect on regional water supplies.
XIII. AESTHETICS
a) No impact. The proposed project will not affect a scenic highway or vista. The
project site is currently vacant and the proposed building heights will be in
conformance with the City's building height guidelines.
b) No impact. The proposed R-l lots are compatible with existing and planned
fiiture development and will not have a negative aesthetic effect.
c) No Impact. Any lighting for the proposed project -will be directed toward the
ground in order to meet required City specifications.
XIV. CULTURAL RESOURCES
a) No impact. The project site contains no known paieontological resources.
Therefore, no impacts are anticipated.
b) No impact. The project site is not known to contain archeological resources.
Therefore, no impacts are anticipated.
c) No impact. No historical resources are known to exist within the project area.
d) No impact. Unique ethnic cultural values are not known to be associated with
this site.
e) No impact. No religious or sacred uses are known to exist within the project
area.
XV. RECREATION
a) No impact. It is not expected that tiie proposed residential lots would increase the
demand for neighborhood or regional parks or other facilities beyond what has
been anticipated by the City's General Plan.
b) No impact. Recreation opportunities do not currently exist within the project site.
XVI. MANDATORY FINDINGS OF SIGNIFICANCE
a) No impact. The proposed residential lots will not degrade the quality of the
environment, reduce the habitat of a fish or wildlife species, cause a fish or
wildlife population to drop below self-sustaining levels, etc.
b) Less than significant impact. The project wiU contribute to cumulative air
quality impacts, however, a statement of overriding consideration was adopted for
this cumulative impact.
c) No impact. The proposed project will not have environmental effects which
would cause substantial adverse effects on human beings, either directly or
indirectly.
XVII. EARLIER ANALYSIS
a) Source documents are on file in the Planning Department located at 1635 Faraday
Avenue, Carlsbad, Phone (760) 602-4600.
1. "Final Master EIR for tiie City of Carlsbad General Plan Update", March 1994.
m-zi'^zm iz'.nm FROM- ^ j.ojr P.m/m F-m
Lucas Mercier'
OEVEUOPMENT
May 22,2003
Clyde Wickham
Carisbad Erigixjeering Department
1635 Faraday Avenue
Carlsbad, Ca. 92008
RE: Traffic Calming Improvements on Docena Way
Dear Clyde:
Lucas Mercier appreciates rhe opportunity to meet with you and Jim Murray about traffic
calming improveinents on Docena Way. At this time it is our company's position that we
do not wish to participate in the costs of providing these improvements. We do not
believe that there is a nexus for our participation in these offeite improvements and the
construction ofthe homes in our project.
As wc have discuSMid at our meetings, Docena Way was approved as a part ofthe
Serenata projecL The design of Docena Way and its connection to our project was
mandated by the City of Carlsbad's Engineering Department. The Bhrem Company
expressed concams about the need for this road connection across an open apace corridor
during the processing of thc Tabata Tentative Map, However, the city felt tbat ibis
coimection WM needed for ncighboxhood traffic circulation and the Bhrem Company
agreed to cooperate with the city despite their concerns.
Wc understand the cities wish to address the concems of the residents Jiving in the
Serenata project, however the roadbed for Docena Way was constructed when they
purchased their homes, Additionally, thc Serenata home buyers were provided by
Brehm, a disclosure fcxplaining thar tihere maybe a ftiture comiection on Docena through
their neighborhood.
Lucas Mercier does not believe it is our responsibility to address tliis perceived problem.
Docena Way was designed in cooperation with the City, and is now constructed per the
approved plans lo City standards. As stated previously, we imderstand the residents
concerns but we respectfully do not agree that it is the responsibility of Lucas Mercier
Development.
Please feel free to contact me if you have any questions or need any addiaonal
information.
Michael tcKc'^
Project Manger
cc: Jim Murray
6>!) A^r^ V.m ORlVi:. SUiTS * VrSTA. CA 9i084 - (760) -36,5600 F^.X (760-; 7J<,.6286
May-i5-uc Uiiuupm rrom-uui,c rwmnv
I • Mk/ UU I -1,1 q
0r
'0
RECORDING REQUESTED BY:
006280 DQP# 2002-0129522
FEB 14, 2002 10:20 AH
WHEN RECORDED MA^ TO:
Luce, Forward, Hamilton & Scripps LLP
600 West Broadway, Suite 2600
San Diego, Califomia 92101
Atm: Nancy T. Scull, Esq.
OFFICIAL RECORDS
EflN BIEGO CanTY RECflRDErS OFFICE
mm J. SMITH. cotnTy rae
FtES: 27.00
WftY: 2
2002-0139522
JL
Space Above For Recorder's Use
SUPPLEMENTARY DECLARATION
OF THE AVIARA PREMIER COLLECTION
AVIARA SERENATA, LLC, a Delaware limiled liability company ("Declarant"), makes
this Supplementary Declaration of the Aviara Premier Collection ("Supplemeniary Declaration"),
on "DtC- '•'() ^ 200 i, 36^, with reference to the facts set forth below.
RECITALS
A. Declarant caused to be filed for record on May 14, 1999, in the Official Records of San
Diego County, Califomia, as Instrumem No. 1999-0330774, thai certain Declaration of
Covenants, Conditions and Restrictions for the Aviara Premier Collection dated May 14,
1999 ("Declaration").
B. Declarant is the owner of cenain real propeny in the City ofCarlsbad, Counly of San Diego,
Califomia, described on Exhibit "A" attached hereto and incorporated herein (" Propeny").
C. Declarant desires to impose cenain additional covenants, conditions and resiriciions on the
Propeny, pursuanl to the terms of the Declaration.
NOW THEREFORE, Declarant declares as follows:
Pursuant lo Section 16.5, the recordation of a Supplementary Declaration shall constitute and
effectuate ihe Annexation of said real propeny described therein, making said real propeny subject
Brchin/Aviara - Tabata
21276-00013; 1565641.1 12/5/01
ItIM/ I M
0006281
to this Declaration and subjeci lo tiie functions, powers and jurisdiction of the Community
Associalion, and ihereafter said annexed real propeny shall fae p;uT of the Covered Propeny and
subjea to all ofthe terms and provisions of this Declaration.
IN WITNESS WHEREOF, this Supplementary Declaration has been executed as ofihe date
first above wriiien.
DECLARANT:
AVLARA SERENATA, LLC, a Delaware limited liability
company 'A
By; Bre
agent
fiSj a Caliibmia Mrfporari^, its authorized
Horace Hogan It
{President
Brehm/Aviara - Tabaa
21276-00013; 1565641.1 12/5/01
006282
CONSENT BY MERCHANT BUILDER
The undersigned, is ihe owner ofihe real property described in Exhibit "A" lo the Supplemeniary
Declaration and hereby consents to the terms ofihe foregoing Supplemeniary Declaration.
CANTERINA, LLC, a California limiled liability
company
By: B^EffM/JONp^U^ lis Managing Member
STATE OF CALIFORNIA )
) ss.
) COUNTY OF ^M^i^
On ^bg£.A|^2Dol before rae, k^' fy\ Grood-ei/o
HO^^CA hQGr^'^
P^'OVf d TO IT''^^'^ nf aarififflftrni-y rv iiliiHEc) lo be lhe person whose namefs^ 8«/is subscribed
10 Ihe wilhin insirumeni and acknowledged to me that he/sJje/Aey executed ihe same in his/ba'ihw
authorized capacity, and that by his/%«/tfe«it signawre(-s.) on the insirumeni the person(s), or the
enlity upon behalf of which ihe person(y) acted, executed the instrument.
personally appeared
personally known lo me (-er
KIM GOO0EV6 Csmrmanfiuvm
San Dtogo CauR()r My Comm. E^afviJU % 30D*
WITNESS my hand^d official s^
Signarure
Brehm/Aviara - Tabaa
21276-00013; 1S6S641.I 12/5/01
006283
EXHIBIT "A"
Propeny
THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF
THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 12 SOUTH, RANGE 4 WEST,
SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAJD. COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. .
APN 215-040-04:
EXHIBIT "A"
006284
SUBORDINATION AGREEMENT
The undersigned, as holder of the beneficial mierest in thai certain ihai cenain Deed of Trust
recorded in ihe Office ofthe Couniy Recorder of San Diego County on July 15, 1999, as File/Page
No. 1999-0493189, which Deed of Trust encumbers all or a portion of ihe real property covered by
this Supplementary Declaration ofihe Aviara Premier Collection ("Supplementary Declaration"),
does hereby intentionally and unconditionally subordinate the Uen of said Deed of Trust lo the
Supplementary Declaration recorded concuirenily herewith and lo which this Subordination
Agreement is attached.
Dated: V^hCLUir^ l/>,'^00'> FIRST NATIONAL BANK,
a national banking association
Name:
Tille:_ E
STATE OF CALIFORNIA
COUNTYOF SAN DIEGO
ss.
)
On FEBRUAftY 6. 2002 before mc, personally appeared MARIA V. i^irvur
personaiiy knowm to me (or proved to me
on the basis of satisfactory evidence) to be ihe person whose name(s) go/is subscnbed to ihe within
insirumeni and acknowledged to me ihai ba/she/t^ executed ihe same in bai/her/tbjfctf authorized
capaciiy, and ihai byiii»1ier/tjjtir signaiure(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, execuled the instrumem.
WITNESS my-hand and official seal.
Signaturi (SEAL)
UKlNCON I
NQTaiyl*uD<ic-Cdffcrrfa f
Son Dksgo County r
My Carrm BSP*« 2DaS|
m^w m m m m" m
04/18/2002 16:41 7604382443 HOFMAN PLANNING PAGE 02
Hofman Planning
Associates
Menriorandum
Planning Project Management Fiscal Analysis
DATE: Aprill 8,2002
TO: Phil Conard
FROM: Stuart Fisk
SUBJ ECT: Tabata (CT 00-13) - Affordable Housing Credits
I spoke to Van Lynch today regarding the timing for the purchase of affordable housing credits
for Tabata. At one point Van had mentioned tiiat the affordable credits would have to be
purchased prior to recordation of the Tabata Final Map, However, Van has since agreed to
proceed per the requirements ofthe Tabata Affordable Housing Agreement, which states that the
credits must be purchased prior to issuance of building pennits.
Per conversations I had with Craig Ruiz of Housing and Redevelopment prior to our January,
2001 Plaiming Commission hearing, the standard procedure for this type of project is that the
Affordable Housing Agreement (which has been executed and submitted to Craig) must be
executed prior to recordation of the Final Map, Once the Final Map records, the affordable
agreement records against the Final Map. The affordable credits are then purchased prior to the
issuance of building permits. Van and I discussed this process today and he indicated that the
process and the purchase of affordable credits at building permit (rather than at Final Map) is
acceptable to him.
Hopefully this answers your questions regarding the timing for the purchase of affordable
housing credits for Tabata. If you have any questions or need any additional information please
call me at 438-1465.
cc. Van Lynch
Craig Ruiz
Jack Edwards
5900 Pasteur Court • Ste 150 • Carlsbad • CA 92008 760-438-1465 • Fax 760-438-2443
CERTIFICATE OF SECRETARY
OF
LUMBERMEN'S INVESTMENT CORPORATION
THE STATE OF TEXAS
COUNTY OF TRAVIS
I, Nanci F. Tucker, Assistant Secretary of Lumbermen's Investment Corporation
(the "Company"), hereby certify that on August 8, 2001, the Board of Directors ofthe
Company passed the following resolutions, which resolutions have not been modified or
rescinded and remain in full force and effect as ofthe date ofthis Certificate:
RESOLUTION AUTHORIZING EXECUTIVE OFFICERS TO EXECUTE DOCUMENTS,
DESIGNATE (1) OFFICER TITLES, AND (2) OFFICERS AND EMPLOYEES TO EXECUTE
DOCUMENTS, ACT AS SIGNATORIES ON BANK ACCOUNTS AND OTHER MATTERS.
RESOLVED, that the following officers of the Company shall be and are hereby
authorized, empowered and directed to execute any and all (a) documents authorizing
deposit, accounts and borrowing authorization from financial institutions, including, but
not limited to (i) designation of financial institutions as depositories, (ii) parties
authorized to (aa) withdraw funds on checks, drafts, advices of debit, notes or other
orders for the payment of monies, (bb) effect wire transfer of funds, (cc) endorse checks,
drafts, notes and other items payable to or owned by the Company for deposit with the
financial institution or for collection or discount by the financial institution and to accept
drafts and other items payable at the financial institution (dd) execute special depository
agreements and arrangements, (iii) parties authorized to borrow from financial
institutions and execute (aa) notes, (bb) mortgages, pledges, security agreements and loan
agreements and other such documents as may be required by the financial institutions and
(iv) such authority conferred upon those persons shall be and remain in full force and
effect until the financial institutions receives written notice of revocation of each
authority; and (b) contracts, agreements, instruments, guaranties and any other documents
(the "Documents") relating to business activities of the Company as they determine in
their sole discretion, acting individually and without joinder of any other such officers, to
be on such terms and conditions as such officer deems advisable, appropriate or necessary
for the transaction of business in the name and on behalf ofthe Company:
Chairman of the Board and Chief Executive Officer
President and Chief Executive Officer
Executive Vice President and Chief Financial Officer
Vice President and Treasurer; and
RESOLVED FURTHER, that each ofthe foregoing officers shall be and is hereby
empowered, authorized and directed to designate (a) officer titles for employees and (b)
such other officers or employees over which he/she has supervisory responsibility and
authority to (1) be added to the deposit accounts and borrowing authorities and such
designees shall be authorized to act solely on behalf of and in the name of the Company
as limited by the authority granted and (2) execute any Documents pertaining to the
business transactions of the Company, including for purpose of example but not
limitation, appointments of trustees, assignments, bills of sale, contracts for services,
contracts for the sale or purchase of assets, deeds, documents required by investor or
agencies, leases on behalf of the Company or any entity in which the Company is a
partner or shareholder, mortgages, notes, powers of appointments or security agreements;
PROVIDED, however, that any such designation must be in writing, signed by the officer
making such designation and approved by the Chairman of the Board and Chief
Executive Officer or President and Chief Executive Officer and specify (i) the officer
title, if any, assigned to a designee, (ii) the bank account on which the designee has been
authorized to sign, if any, (iii) the financial institution from whom the designee is
authorized to bonow funds, (iv) the authority that such designee has been granted and the
limitations on such authority, if any, and (v) the types of Documents that such designee is
authorized to execute in the name and on behalf of the Company or any entity in which
the Company is a partner or shareholder and the limitations on such authority, if any; and
such designation must be reported to the Board of Directors at the meeting next following
the date on which such designation is made in accordance with the foregoing
requirements; and
RESOLVED FURTHER, that the officer title and/or authority of such designee
shall be effective as of the date that the written designation has been executed by the
requisite officers; and
RESOLVED FURTHER, that the Secretary or any Assistant Secretary of the
Company shall be and is hereby authorized to provide certification of any such officer's or
designee's authority to act in the name and on behalf of the Company, as he/she deems
necessary, advisable or appropriate from and after the effective date; and
RESOLVED FURTHER, that all authorities heretofore approved or granted by
the Board of Directors shall remain in full force and effect until (a) tenninated by the
officer designating such authority, the Chairman of the Board and Chief Executive
Officer, the President and Chief Executive Officer or the Board of Directors, or (b) the
suspension, termination or resignation of the officer or employee to whom such
authorities have been granted hereunder.
I FURTHER CERTIFY that the following individual is, on the date hereof, the
duly elected, qualified, and acting officer of the Company, holding the respective offices
set forth opposite his name below with authority to execute for the Company documents
that have been executed by him or to otherwise act for the Company.
NAME TITLE
Craig A. Knight President and Chief Executive Officer
IN WITNESS WHEREOF, I have executed this Certificate as ofthis 28th day of
August 2001.
F. Tucker, Assistant Secretary
City of Carlsbad
Planning Department
August 8, 2001
O'Day Consultants
Jack Edwards
5900 Pasteur Court, Suite 100
Carlsbad CA 92008
SUBJECT: CT 00-13 / CDP 00-36 - TABATA PROPERTY
Dear Mr. Edwards:
Please find attached two notices of restriction to be recorded against the Tabata
property. Please follow the signing requirements on the bottom of the documents.
Please provide any corporate resolutions showing signers ability to sign for the
corporation if necessary. Once signed, return the documents to me for additional
signatures and recordation.
If you have any questions regarding the above, please give me a call at 602-4613.
Sincerely,
Van Lynch
Associate Planner
VL;
c: File
Attachments
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us
Citv of Carlsbad
Planning Departnnent
January 25, 2001
The Brehm Companies
Kristin Coulson
5770 Oberlin Drive
San Diego CA 92121
SUBJECT: CT 00-13/CDP 00-36 - TABATA PROPERTY
Dear Kristin:
Please find attached two notices of restriction to be recorded against the Tabata
property. Please follow the signing requirements on the bottom of the documents.
Once signed, return the documents to me for additional signatures and recordation.
Please include a corporate resolution or similar document stating the persons
signing have the ability to do so.
If you have any questions regarding the above, please give me a call at 602-4613.
Sincerely,
Van Lynch
Associate Planner
VL:cs
c: File
Attachments
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us
January 23,2001
The Brehm Companies
5770 Oberiin Drive
SanDiego, CA 92121
: FILECOPY
Citv of Carlsbad
Planning Department
PLANNING COMMISSION
NOTICE OF DECISION
SUBJECT: ZC 00-04/LCPA 00-04/CT 00-13/CDP 00-36 - TABATA
At the Planning Commission meeting of January 17, 2001, your application was considered. The
Commission voted 6-0 (Nielsen) to RECOMMENDING APPROVAL. The decision of the Planning
Commission is advisory and will be forwarded to the City Council.
If you have any questions regarding the final dispositions of your application, please call the Planning
Department at (760) 602-4600.
Sincerely,
MICHAEL J. HOLZMILLER
Planning Director
MJH:VL:mh
Enclosed: Planning Commission Resolutions No. 4897, 4898, 4899, 4900, 4901
c: Stuart Fisk
Hofman Planning
5900 Pasteur Court, Ste. 150
Carlsbad, CA 92008
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us
JflN-lc,-2001 17=20 ^,19 2933056 ='.02v-ll
DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS FOR
THE AVIARA PREMIER COLLECTION
THIS DECLARATION OF COVENANTS
THE AVIARA PREMIER COLLECTION ("Dec!
1999, by BREHM-AVIARA III DEVELOPMENT
partnership.
RECTTALS
A. Declarant is the Owner ofthe real property situated in the City of Carlsbad, County
of San Diego, State ofCalifornia. which is more particularly described in Exhibit "A-l" attached
hereto and incorporated herein ("Declarant's Propeny"). Aviara Land Associates Limited
Partnership, a Delaware limited parmership ("Aviara Land Associates") is the owner of the real
property described on Exhibit "A-2" attached hereto and incorporated here and Jefferson at Aviara,
L.P., a Delaware limited partaership ("Jefferson"), is the Owner of the real property described in
Exhibit "A-S" attached hereto and incorporated herein. (Herein the real property described in
Exhibits "A-l", "A-2" and "A-3" is referred to collectively as the "Covered Property"). The
Owners of die real property described in Exhibits "A-2" and "A-3" have, by their signatures set
forth below, consented to fnt recordation ofthis Declaration.
B. Declarant desires to establish covenants, conditions and restrictions upon the Covered
Property and each and every portion thereof, which will constimte a general scheme for the
management of the Covered Property and for die use, occupancy and enjoyment thereof, all for the
purpose of enhancing, naiintaining and protecting the value, desirability and attractiveness of thc
Covered Property and enhancing the quality of life therein.
C. The Covered Property is being developed as a master planned development (as
defined in Section 2792.32 of Titie 10 of the Califomia Code ofRegulations) which is also a
"common interest development" pursuant to the Davis-Stiriing Common Interest Development Act.
The Covered Propeny is included within the master planned community situated in the City of
Carlsbad and commonly known as the Aviara Premier Collection (the "Aviara Premier Collection").
The Covered Property subject to this Declaration will be developed as a master plarmed commurit;/
to be govemed by the Aviara Premier Collection Association, a Califomia nonprofit mutual benefit
corporation ("Community Association"). If developed as planned, the Aviara Premier Collection
will include a total of approximately 570 Dwellings (as defmed below), together with certain areas
which will be conveyed (by fee title, easement or lease) to the Community Association. The
Covered Property shall be developed in conformance with, among other land use approvals, that
certain Local FaciUties Management Plan for Zone 19 (the "LFMP") which was approved by ths
City of Carisbad (the "City") pursuant to the Carlsbad Growth Management Program, Title 21,
Aviara Collection Commun;ty • CC&Rs
21276-1} -1298005.13
if
im-ie-2mi 17:20 6192933056 P.03-1
Chapter 21.90 ofthe Carlsbad Municipal Code", and tiiat certain Master Plan for Aviara (the "Master
Plan") which was approved by the City Planning Commission on November 4, 1987 pursuant to
Planning Commission Resolution 2594. Copies ofthe LFMP and the Master Plan are on file with
the City Planning Department and when reference is made in this Declaration to the LFMP or the
Masier Plan or the context hereof requires, the LFMP and the Master Plan shall be deemed
incorporated herein. Notwithstanding the foregoing, each Owner who takes titie subject to this
Declaration acknowledges that there is no assurance that the pioposed development ofthe Aviara
Premier CoUection will be completed.
D. Declarant may add all or any ofthe real property described in Exhibit "B" attached
hereto and incorporated herein ("Annexable Property") to the Covered Property already subject to
this Declaration by annexing such Annexable Property and such Annexable Property will tiiereupon
be subject to this Declaration, become a part of and be included wthin the definition ofthe Covered
Property, and be developed as a part of the Aviara Premier Collection.
E. The Community Association has been incorporated under the laws of the State of
Califomia for the purpose of owning and maintaining the Community Common Area and for
exercising the powers and functions set forth herein.
F. All of the Covered Property will hereafter be held and conveyed subject to certain
protective covenants, conditions and restrictions hereinafter set fortii. Beforc any ofthe Lots (as
defined below) are sold. Declarant desires to establish covenants, conditions and restiictions upon
the Covered Property and each and every portion thereof, which wll constitute a general scheme for
the management of the Covered Property and for the use, occupancy and enjoyment thereof, all for
the purpose of enhancing, maintaining and protecting the value, desirability and attractiveness ofthe
Covered Propert>' and enhancing the quality of life therein.
ARTICLE 1
DECLARATION
NOW, THEREFORE, Declarant hereby covenants, agrees and declares that all of the
Covered Property is, and shall be, held, conveyed, encumbered, hypothecated, leased, rented, used,
occupied and improved subject to the following limitations, covenants, conditions, restrictions,
easements, liens and charges which are hereby declared and agreed to be in furtherance of a general
plan for the subdivision, improvement, protection, mainlenance and sale of all of the Covered
Propsrty and all ofwhich arc declared and agreed to be for the purpose of enhancing, maintaining
and protecting the value, desirability and attractiveness of the Covered Property and every part
thereof, and enhancing the quality of Ufe therein. All of the limitations, covenants, conditions,
restrictions, casements, liens and charges are equitable servitudes and shall run with thc land and
shall be binding upon and inure to the benefit of all parties having or acquiring any right, titie or
interest, in the Covered Property or any part thereof, and shall be binding on and inure to the benefit
AvivaCollection Communii) - CC&Ri
21276.13 -1298005.13 2
r
JftN-16-2G01 17=21 619 2933056 =.04.11
President or Vice President and Secretary or Assistant Secretary oftiie Community Association an ,
irrevocable power of attomey to act for and on behalf ttf each and every Owner in certifying,
executing and recording said instrument. Notwithstanding anything to the contrary contained herein,
in no event may any of Declarant's rights or privileges underthe Community Goveming Documents
be terminated, altered or amended without Declarant's prior written consent.
15.2 Conflict with Article IS or Other Proviaions ofthis Declaration. Except as liniited
by Section 3.3, to die extent any provisions ofthis Article 15 confUcts with any other provisions of
this Declaration, the provisions of this Article 15 shall control.
15.3 Business and Professions Code Sectioa 11018 J. All amendments or revocations
of this Declaration shall comply wilh the provisions of CaUfomia Business and Professions Code
Section 11018.7 and any successor statutes or laws, to the extent said Section is applicable.
15.4 Reliance on Amendments. Any amendments made in accordance with the tenns
of this Declaration shall be presumed valid by anyone relying on thera in good faith.
15.5 Amendment Affecting Obligation to Maintain Coiamon Area, Notwithstanding
anything in this Declaration to the contrary, any amendment to this Declaration which would modify
the obligation of the Community Association to maintain the Community Common Area, thc
Assessment procedure set forth in this Declaration to assure said maintenance, orthe right ofthe City
to enter upon common easements shown on any Final Map to maintain or repair such easements or
the common fecilities located thereon shall not be effective unless die written approval oftbe City
is first obtained and a copy thereof recorded in die office of the San Diego Count>' Recorder, and no
Amendment to this Declaration which would aiter the obUgations relating to the maintenance ofthe
Trial System or other Improvements within or for the benefit of the Batiquitos Lagoon without the
approval ofthe CaUfomia Coastal Commission.
15.6 Amendments to Cost Center Provisions. Any amendments to this Declaration
modifying or deleting thc provisions relating to Cost Centers shall, in addition to thc approvals
required under Section 15.1, require the approvals under Section 3.6 ofthis Declaration.
ARTICLE 16
ANNEXATION OF REAL PROPERTY
16.1 Annexation. Declarant may annex any of the Annexable Property described in
Exhibit "B" by any of thc methods set forth hereinafter in this Article. Declarant intends to
sequentially develop the Annexable Property on a phased basis. However, Declarant may elect not
to develop all or any part ofthe Annexable Property, to annex the Annexable Property to this
Declaration in increments of any size whatsoever, or to develop more than one such increment at any
given time and in any given order. Moreover, Declarant reserves the right to subject tiie Annexable
Aviara Collection Community - CC&Rs
21276-13 -1291005.13 80
JHN'-16-2001 17:-"'2
&1S 2933G5b P. 05.-1
Propert)' to one or more separate declarations of covenants, conditions and restrictions and to subject
the Annexable Property to the jurisdiction and power ofa non-profit mutual benefit coiporation or
other entity with powers and obligations similar to thc Community Association and which is not
subject to the provisions of tills Declaration. Although Declarant shall have the ability to annex die
Annexable Property as provided in this Article, Declarant shaU not be obligated to annex all or any
ponion of tbe Annexable Property, and the Annexable Propertj- shall not become subject to this
Declaration unless and until a Supplementary Declaration covering it has been recorded. No party
other than Declarant may annex any ofthe Annexable Property whhout the consent of Declarant.
16.2 Annexation Without ApprovaL AU or any part of the Annexable Property raay be
annexed by Declarant and become subject to this Declaration and subject to tiie jurisdiction ofthe
Community Association without the approval, assent or vote of the Community Association or its
Members. The issuance ofa Public Report by the DRE shall be deemed to be approval by die DRE
ofsuch annexation.
16.3 Annexation Pursuant to Approval If any person desires to add property other tiian
the property described on Exhibit "B" to the plan of tiiis Declaration and to subject such property
to the jurisdiction ofthe Community Association, tiien such property may be annexed, if the vote
or written assen: of sixty-seven percent (67'/o) of the Voting Power ofthe Community Association
is obtained.
X6.4 Covenants Running With the Land. Declarant may transfer all or any portion of
the .Annexable Property to a Merchant Builder under a grant deed wherein Declarant reserves tlie
right to annex such property and subject it to this Declaration. The restriction on the property
described in Exhibit "B" wherein it may be made subject to this Declaration upon the recordation
ofa Supplementary Declaration is hereby declared to bc an equitable servitude upon the Annexable
Propeny in favor ofihe Covered Property subject to this Declaration and any other real property
owned by Declarant in tiie vicinity of the Covered Property and shall run widi the land and be
binding on and inure to the benefit of all parties having or acquiring any right, titie or interest, in
such real property.
16'5 Supplementary Dedarations. The recordation of a Supplemeatarj- Declaration shall
constitute and effectuate the Annexation of said real property- described therein, making said real
property subject to this Declaration and subject to the functions, powers and jurisdiction of the
Community Association, and thereafter said armexed real property shall be part of the Covered
Property and subject to all of the terms and provisions of this Declaration. Supplementary
Declarations may also be recorded by Declarant with rcspect to a Phase prior to the commencement
of Community Assessments -with respect thereto, which may further deUneate any Community
Common Area, Cost Center or Cost Center Maintenance Areas within such Phase or contain
complementary additions and modifications as provided in this Section. In the event that the vote
or written assent of a certain percentage of Members is required to annex any property as provided
for above, then the recordation of a Supplementary Declaration certified to by the President or Vice
Aviara Collection Community • CC&Rs
21276-13 - 1298005.13 81
JflN-16-2001 1?:23
519 2933056 P.06.'11
EXHIBIT "B''
ANNEXABLE PROPERTY
bEOAL OSSCRZmOK FOR APKi 21S-040-03
TKE BAST HALF OP THg KORTKEAST QUARTER OP THB JJORTHWBST QUARTER, SBCTIOW 27,
TOWNSHIP 12 SOUTH, RANGE 4 WSST, SAK BERNASOXNO BASS AND ^!ERIDZAN, IN THE CIT^
OP CARLSBAD, COtnUY OP SAN DIBGO, STATE OP CALIFORNIA, ACCORDING TO UNITED
STATES GOVERNKEan SURVEY.
LXOAb DISCXXPTIOK TOtl. Ami 21S-040-04
THE NORTH HALF OF TKB N0RTKWE3T QOARTER OF THE NORTHWEST QUARTER OF TKE
NORTHEAST QUARTER OF SSCTION 27. TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO
MERIDIAN, IM TKB CITY OF CARLSBAO, COUNTY OF SAN OISGO, STATE OF CALIFORNIA,
ACCORDING TO THS OFFICIAL PLAT THEREOF.PARCEL 2:
LXQAL OBSOtXPTION FOR APKt 21S-040-05
THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE
NORTHEAST QUARTER OP SBCTION 27, TOHMSHIP 12 SOUTH, RANGE 4 WEST. SAN BERNARDINO
BASB ANS KBRIDIAK, IN IBB CITY OF CARLSBAD, COUNTY OF SAN OIEGO, STATE OF
CALIFORNIA, ACCORDING TO TKB OFFICIAL PLAT THEREOF.
LEGAL S88CRXPTX0N FOR APNt 33.$'040-0f AND 215-040-10
PARCEL 1:
THE NORTHWEST QUARTER OF TEE SOUTKWSST QUARTER OF THE NORTHWEST QUARTER OF TKE
NORTHEAST QUARTER OF SBCTZON 27, TOWNSHIP 12 SOUTH. RANGE 4 WEST, SAN BERNARDINO
SASS ANS MERIDIAN, IN TKB COUNTY OF SAN DIBOO, STATB OF CALIFORNIA, ACCXtRDING TO
UNITED STATES QOVERNNBNT SURVEY. APPROVBD APRIL 21, 1990.
PARCSL 2:
THB NORTHSAST QtlARTER OF TKE SOUTHWEST QUARTER OF THB NORTHWEST QUARTER OF TKE
NORTHEAST QUARTER OF SSCTION 27, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO
BASE AKO KBRIDIAN, IN THB COUNTY OF SAH DIEGO, STATB OF CALIFORNIA, ACCORDING TO
THE UNITED STATES GOVERNMENT SURVEY APPROVED APRIL 21, 1890.
Aviara Collection Comtnortity - CC4tR5
21276.13- 1291005.13 EXHIfilT "B"
Gray Davis
GOVERNOR
STATE OF CALIFORNIA W
Governor's Office ofPlanning and Research
State Clearinghouse
January 2, 2001
Van Lynch
City ofCarlsbad
1635 Faraday Avenue
Carlsbad, CA 92009
JAN 2001
PLANNINGDEPARTMENT 2|
City Of
e-- Carlsbad
Subject: Tabata Property-ZC 00-04/LCPA 00-04/CTOO-l3/CDP 00-36
SCH#: 2000111157
Steve Nissan
ACTING DIRECTOR
Dear Van Lynch:
The enclosed comment (s) on your Negative Declaration was (were) received by the State Clearinghouse
after the end of the state review period, which closed on December 26, 2000. We are forwarding these
comments to you because they provide information or raise issues that should be addressed in your final
environmental document.
The Califomia Environmental Quality Act does not require Lead Agencies to respond to late comments.
However, we encourage you to incorporate these additional comments into your final environmental
document and to consider them prior to taking final action on the proposed project.
Please contact the State Clearinghouse at (916) 445-0613 if you have any questions conceming the
environmental review process. If you have a question regarding the above-named project, please refer to
the ten-digit State Clearinghouse number (2000111157) when contacting this office.
Sincerely,
Terry Roberts
Senior Planner, State Clearinghouse
Enclosures
cc: Resources Agency
1400 TE.NTH STREET P.O. BOX 3044 SACRAMENTO, CALIFORNIA 958X2-3044
916-445-0613 FAX 916-323-3018 WWW.OPR.CA.GOV/CLEARINGHOUSE.HTML
Department of Toxic Substances Control
Winston H. Hickox
Agency Secretary
California Environmental
Protection Agency
Edwin F. Lowry, Director
5796 Corporate Avenue
Cypress, Califomia 90630 Gray Davis
Govemor
December 22, 2000
& ISTATE CLEARINGHOUSE
RECEIVED
DEC 2 9 2000
Mr. Van Lynch
Planning Department
City of Carlsbad
1635 Faraday Avenue
Carlsbad, Califomia 92008-7314
NEGATIVE DECLARATION FOR THE TABATA PROPERTY - ZC 00-04/LCPA 00-
04/CT 00-13/CDP 00-36 PROJECT (SCH #2000111157)
Dear Mr. Lynch:
The Department of Toxic Substances Control (DTSC) has received your Negative
Declaration (ND) for the above-mentioned Project.
Based on the review of the document, DTSC's comments are as follows:
1) The ND needs to identify and determine whether current or historic uses at the
Project site have resulted in any release of hazardous wastes/substances at the
Project area.
2) The ND needs to identify any known or potentially contaminated site within the
prdposed Project area. For all identified sites, the ND needs to evaluate whether
conditions at the site pose a threat to human health or the environment.
3) The ND indicates that a limited soil sampling and agricultural chemical evaluation
were conducted on the site and detennined that the overall potential for
significant agricultural hazardous material or contamination onsite was
insignificant and no additional testing or mitig^\ion measures are warranted.
Provide the information that a regulatory agency certified that no further action is
warranted. Otherwise, provide the concentrations of chemicals that are detected
at the site. Also, further study is needed to evaluate that whether the site was
previously used to store any agricultural chemicals. Further clarifications are
needed prior to eliminate the possibilities of onsite soil contamination.
® Printed on Recycled Paper
Mr. Van Lynch
December 22, 2000
Page Two
4) The ND should identify the mecllanism to initiate any required investigation
and/or remediation for any site tnat may require remediation, and which
govemment agency will provide appropriate regulatory oversight.
5) If during revision/constnjction ofthe project, soil contamination is suspected,
stop revision of the permit/construction in the area and appropriate Health and
Safety procedures should be implemented. If it is determined that contaminated
soil exists, the ND should identify how any required investigation and/or
remediation will be conducted, and which govemment agency will provide
appropriate regulatory oversight.
DTSC provides guidance for the Preliminary Endangerment Assessment (PEA)
preparation and cleanup oversight through the Voluntary Cleanup Program (VCP). For
additional information on the VCP or to meet/discuss this matter further, please contact
Mr. Johnson P. Abraham, Project Manager at (714) 484-5476 or me at (714) 484-5463.
Haissam Y. Salloum, P.E.
Unit Chief
Southem California Cleanup Operations Branch
Cypress Office
cc: Govemor's Office of Planning and Research
State Clearinghouse
P.O. Box 3044
Sacramento, California 95812-3044
Mr. Guenther W. Moskat, Chief
Planning and Environmental Analysis Section
CEQA Tracking Center
Departnient of Toxic Substances Control V
P.O. Box 806
Sacramento, Califomia 95812-0806
Gray Davis
GOVERNOR
STATE OF CALIFORNIA W
Governor's Office ofPlanning and Research
State Clearinghouse
Steve Nissan
ACTING DIRECTOR
December 27,2000
Van Lynch
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92009
Subject: Tabata Property-ZC 00-04/LCPA 00-04/CTOO-l 3/CDP 00-36
SCH#: 2000111157
Dear Van Lynch:
The State Clearinghouse submitted the above named Negative Declaration to selected state agencies for
review. The review period closed on December 26, 2000, and no state agencies submitted comments by
that date. This letter acknowledges that you have complied with the State Clearinghouse review
requirements for draft environmental documents, pursuant to the Califomia Enviroimiental Quality Act.
Please call the State Clearinghouse at (916) 445-0613 if you have any questions regarding the
environmental review process. If you have a question about the above-named project, please refer to the
ten-digit State Clearinghouse number when contacting this office.
Sincerely,
Terry Roberts
Senior Planner, State Clearinghouse
1400 TENTH STREET P.O. BOX 3044 SACRAMENTO, CALIFORNIA 958X2-3044
916-445-0613 FAX 916-323-3018 WWW.0PR.CA.GOV/CLEARINGH0USE.HTML
Document Details Report
State Clearinghouse Data Ba;s^
SCH# 2000111157
Project Title Tabata Property-ZC 00-04/LCPA 00-04/CTOO-l 3/CDP 00-36
Lead Agency Carlsbad, City of
Type Neg Negative Declaration
Description The project site is 5.0 acres in size and is located on the east side of Black Rail Road and 1,500 feet
south of future Poinsettia Lane. The project consists of 16 single-family lots with a minimum lot area of
7,500 square feet developed on two cul-de-sac public streets. The site contains no significant habitats
as it has been used for agricultural purposes and now lies fallow. The topography onsite consists of a
ridge that trends north and south in the center of the property. The high point is 381.6 feet above
mean sea level (AMSL) and drops to 348 feet AMSL to the west and 358 feet AMSL to the east. The
project will require an export of 22,700 cubic yards of export soil material.
Lead Agency Contact
Name
Agency
Phone
email
Address
City
Van Lynch
City of Carlsbad
760/602-4613
1635 Faraday Avenue
Carlsbad
Fax
State CA Zip 92009
Project Location
County
City
Region
Cross Streets
Parcel No.
San Diego
Carlsbad
Black Rail Rd and Orchidia
215-040-04
Township 12s Range 4w Section 27 Base SB
Proximity to:
Highways
Airports
Railways
Waterways
Schools
Land Use
1-5
McClellan/Palomar
NCTD
Pacific Ocean
Aviara Oaks Elementary
Vacant fallow agricultural land/ Limited Control (exclusively agricultural)/ Residential Low-Medium (0-4
DUPA)
Project Issues Air Quality; Noise; Toxic/Hazardous; Traffic/Circulation; Vegetation; Other Issues
Reviewing Resources Agency; California Coastal Commission; Department of Conservation; Department of Fish
Agencies and Game, Region 5; Department of Parks and Recreation; Caltrans, Division of Aeronautics;
California Highway Patrol; Caltrans, District 11; Integrated Waste Management Board; Regional Water
Quality Control Board, Region 9; Department of Toxic Substances Control; Native American Heritage
Commission; Public Utilities Commission; State Lands Commission
Date Received 1112712000 Start of Review 11127/2000 End of Review 12/26/2000
Note: Blanks in data fields result from insufficient information provided by lead agency.
Citv of Carlsbad
Planning Department
December 26, 2000
The Brehm Companies
5770 Oberiin Drive
San Dlego, CA 92121
SUBJECT: ZC 00-04/LCPA 00-04/CT 00-13/CDP 00-36 - TABATA
The preliminary staff report for the above referenced project will be mailed on
Friday, December 29, 2000. This preliminary report will be discussed by staff at
the Development Coordinating Committee (DCC) meeting which will be held on
January 8, 2001. A twenty (20) minute appointment has been set aside for you at
9:30 a.m. If you have any questions concerning your project you should attend the
DCC meeting.
It is necessary that you bring your required unmounted colored exhibit(s) with you
to this meeting in order for your project to go forward to the Planning Commission.
Your colored exhibits must be submitted at this time to ensure review by the
Planning Commission at their briefings. If the colored exhibits are not available for
their review, your proiect could be rescheduled to a later time. If you do not plan
to attend this meeting, please make arrangements to have your colored exhibit(s)
here by the scheduled time above.
If you need additional information concerning this matter, please contact your
Planner, Van Lynch at (760) 602-4613
CITY OF CARLSBAD
GARY E. WAYNE
Assistant Planning Director
GEW:VL:mh
c: File Copy
Stuart Fisk, Hofman Planning, 5900 Pasteur Court, Ste. 150, Carisbad, CA 92008
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us
Department of Toxic Substances Control
Winston H. Hickox
Agency Secretary
California Environmental
Protection Agency
Edwin F. Lowry, Director
5796 Corporate Avenue
Cypress, California 90630 Gray Davis
Governor
December 22, 2000
Mr. Van Lynch
Planning Department
City of Carisbad
1635 Faraday Avenue
Carisbad, California 92008-7314
NEGATIVE DECLARATION FOR THE TABATA PROPERTY - ZC 00-04/LCPA 00-
04/CT 00-13/CDP 00-36 PROJECT (SCH #2000111157)
Dear Mr. Lynch: > ,
The Department of Toxic Substances Control (DTSC) has received your Negative
Declaration (ND) for the above-mentioned Project.
Based on the review ofthe document, DTSC's comments are as foilows:
1) The ND needs to identify and determine whether current or historic uses at the
Project site have resulted in any release of hazardous wastes/substances at the
Project area.
2) The ND needs to identify any known or potentially contaminated site within the
proposed Project area. For all identified sites, the ND needs to evaluate whether
conditions at the site pose a threat to human health or the environment.
3) The ND indicates that a limited soil sampling and agricultural chemical evaluation
were conducted on the site and determined that the overall potential for
significant agricultural hazardous material or contamination onsite was
insignificant and no additional testing or mitigation measures are warranted.
Provide the information that a regulatory agency certified that no further action is
warranted. OthenA/ise, provide the concentrations of chemicals that are detected
at the site. Also, further study is needed to evaluate that whether the site was
previously used to store any agricultural chemicals. Further clarifications are
needed priorto eliminate the possibilities of onsite soil contamination.
® Printed on Recycled Paper
Mr. Van Lynch
December 22, 2000
Page Two
4) The ND should identify the mechanism to initiate any required investigation
and/or remediation for any site that may require remediation, and which
government agency will provide appropriate regulatory oversight.
5) If during revision/construction ofthe project, soil contamination is suspected,
stop revision of the permit/construction in the area and appropriate Health and
Safety procedures should be implemented. If it is determined that contaminated
soil exists, the ND should identify how any required investigation and/or
remediation will be conducted, and which government agency will provide
appropriate regulatory oversight.
DTSC provides guidance for the Preliminary Endangerment Assessment (PEA)
preparation and cleanup oversight through the Voluntary Cleanup Program (VCP). For
additional information on the VCP orto meet/discuss this matter further, please contact
Mr. Johnson P. Abraham, Project Manager at (714) 484-5476 or me at (714) 484-5463.
Sincerely,
V
Haissam Y. Salloum, P.E.
Unit Chief
Southern California Cleanup Operations Branch
Cypress Office
cc; Governor's Office of Planning and Research
State Clearinghouse
P.O. Box 3044
Sacramento, California 95812-3044
Mr. Guenther W. Moskat, Chief
Planning and Environmental Analysis Section
CEQA Tracking Center
Department of Toxic Substances Control
P.O. Box 806
Sacramento, California 95812-0806
W STATE OF CALIFORNIA w rf<2^?5>.^
Governor's Office ofPlanning and Research f ^^g^
State Clearinghouse ^RS^
Gray Davis Steve Nissan
GOVERNOR ACTING DIRECTOR
ACKNOWLEDGEMENT OF RECEIPT
DATE: December 14, 2000
TO: Van Lynch
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008-7314
RE: Tabata Property-ZC 00-04/LCPA 00-04/CTOO-l 3/CDP 00-36
SCH#: 2000111157
This is to acknowledge that the State Clearinghouse has received your enviromnental document
for state review. The review period assigned by the State Clearinghouse is:
Review Start Date: November 27, 2000
Review End Date: December 26, 2000
We have distributed your document to the following agencies and departments:
Califomia Coastal Commission
Califomia Highway Patrol
Caltrans, District 11
Caltrans, Division of Aeronautics
Department of Conservation
Department of Fish and Game, Region 5
Department of Parks and Recreation
i. Department of Toxic Substances Control
Integrated Waste Management Board
Native American Heritage Commission
Public Utilities Commission
Regional Water Quality Control Board, Region 9
Resources Agency
State Lands Commission
The State Clearinghouse will provide a closing letter with any state agency comments to your
attention on the date following the close of the review period.
Thank you for your participation in the State Clearinghouse review process.
1400 TENTH STREET P.O. BOX 3044 SACRAMENTO, CALIFORNIA 95812-3044
916-445-0613 FAX 916-323-3018 WWW.0PR.CA.GOV/CLEARINGH0USE.HTML
o
Hofnnan Planning
Associates
Planning Project Management Fiscal Analysis
December 14, 2000
Van Lynch
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92026
RECEIVED
DEC 14 2000
CITY OF CARLSBAD
PIANNING DEPT.
Subject: Tabata Property - Public Noticing and Plan Sets for Hearings
Dear Mr. Lynch:
Per your letter dated November 29, 2000, attached are 10 copies of the Tabata (CT 00-13)
tentative map and landscape plans, along with one copy of the reduced tentative map. Also
attached to the plan sets is the large scale location exhibit showing neighboring properties.
Noticing is also attached, including a 600' owners list and radius map, 100' occupant list and
radius map, and two sets of mailing labels. There is one mailing label for the occupant list and
there are nine mailing labels for the owners list. Therefore, the fee for mailing costs has been
paid in the amount of $6.60 (20 labels @ $0.33).
I expect to have the updated Disclosure Statement to you by the end of next week. In the
meantime, if you have any questions or need anything else to prepare this project for Plaiming
Commission please call me at 438-1465.
Sincerely,
Stuart Fisk
Kristin Coulson
5900 Pasteur Court • Suite 150 • Carlsbod • CA 92008 • (760) 438-1465 • Fax: (760) 438-2443
Citv of Carlsbad
Planning Department
October 23, 2000
The Brehm Companies
Bill Kennedy
5770 Oberlin Drive
San Diego CA 921 21
SUBJECT: ZC 00-04/LCPA 00-04/CT 00-13/CDP 00-36 - TABATA PROPERTY
Dear Mr. Kennedy:
The Planning and Engineering departments have completed the second plan check and
have the following comments:
Planning:
1. Please add all the application types and numbers to the title sheet.
2. Please correct the ADT to reflect the number of units multiplied by 10, the number
of trips generated on a per unit basis.
3. Lots 5 and 14 are awkwardly placed between two driveways to adjacent lots.
These two lots have the potential to have two front yards looking at them. The lots
should be designed as previously shown on the first submittal, without the use of
panhandle lots. It will be difficult for planning to justify the approval of these
panhandle lots with alternative designs that work better. It also appears that Lot
13 does not conform to the 8,000 sq ft minimum requirement.
4. To reduce the retaining wall heights in the back of Lots 6 through 9, please raise
the pad heights 2 to 3 feet and show the resulting slope in the front yard area.
5. Please review the top-of-slope and lot line on the northwesterly corner of Lot 1 2.
6. Please explain the heavy line symbol on the easterly slope of Lot 6 (contour line?).
7. Please remove the six-foot retaining wall along the northern property lines of Lots
13, 14, and 15. This will produce an unsightly condition on the adjacent
properties. It would be preferred to have a 2:1 landscaped slope rather than the
retaining wall.
8. Please consider adding a little more lot width to Lots 1, 9, and 18 as the street side
yard setback (10') is at or over the slope on the street side yard.
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us ^
9. Please show the brow ditch, if proposed, along the northerly property lines of Lots
13, 14, and 15.
10. Please show the cut/fill line on the tentative map plan (Sheet 3).
11. Please clarify on the landscape plans the maintenance responsibilities of the HOA
and residence by providing a separate exhibit showing responsibility. The reduced
exhibit on the title sheet conflicts with the text on the landscape plan. It appears
the HOA is responsible for all walls even between lots as shown on the plans
whereas landscaping is not. Please consider removing the walls from the
responsibility of the HOA between lots. The Planning Department will require the
future CC&Rs to prohibit the return of open space easements back to the underiying
property owner.
12. The fire department prefers the hydrants to be located on Lots 9 facing Street B
and Lot 18 Facing Street C. Hydrants shall be located within 500 feet of each
other. Please enlarge hydrant symbol as they are hard to find, such as the existing
hydrant in Black Rail.
13. Please clarify the extent of involvement this project will have with the Aviara
community. There may be numerous considerations regarding the integration of
this project, or components of the project, into Aviara.
14. Please contact Craig Ruiz, in the City of Carlsbad Housing office, regarding the
application to purchase affordable housing credits within the Villa Loma Project. I
have contacted the department and they do not a record of the application for
housing credits.
Engineering:
1. The under grounding of power poles/utilities is unclear. Show last pole to remain
standing (if any) and "sweep underground".
2. The proposed grading could be improved. The compound slopes and extensive
retaining walls should be reviewed. More of a contour or meeting of grade along the
north boundary could improve this issue. The adjacent developer (Ryland Homes)
should be contacted to discuss re-grading or a combination of redesign to better "fit"
the hillside condition. As approved, the adjacent project meets standards; the
proposed Tabata design does not.
3. The proposed grading and drainage system in lot 149 open space needs further
explanation. Is the open space deed restricted, where no development is allowed?
Additional grading could be approved as part of this plan and could reduce the
conflict of design with retaining walls and steep grades.
4. Street "A" is located on the adjacent property to the south. The vicinity map should
show the neighborhood street plan the approved projects, and could include the
adjacent owners names. Has the adjacent property owner agreed to the dedication?
Is there an agreement for the full width grading and offsite 12' of improvement as
proposed? Please submit supporting documents for this design. The explanation from
Hoffman Planning regarding condemnation is not correct. Is the location the only
place this road can go? Is there another alignment that could work better? What are
the adjacent property owner's ideas on this issue?
5. The existing curb, gutter, and sidewalk to the north (extension of Cabela Place) are
approved. The proposed project should "stand alone", that is show improvements to
be constructed and those considered as existing. Do any lots from the Serinata
project take access onto Cabela Place? Please identify this condition. Show points of
connection, driveways or transitions to the existing approved condition.
6. The proposed (4) panhandles will be difficult to support. Certain findings have to be
made to support and approve panhandles. The panhandle design would have to be
approved by the City Council. I recommend a redesign to eliminate them.
7. Please extend and connect to the water line in Cabela Place and in Docena Ct. The
loop will improve fire flow and to improve pressure.
8. Amend the vicinity map or RV location map to show neighborhood development. The
adjacent lots to the south (Bruger, and Sugino as well as Christalla) have submitted
plans that show a good idea how this subdivision will fit. The Key Map, Slope
Maintenance exhibit and RV location map could be improved, combined and
completed to show a complete picture. (See comments on TM)
9. What is proposed action to the existing road, item #8 shown on the Easement Table,
that runs across lots 4,5,6,13,14,1 5,16,17,and 18? Is there an application or
request to accompany this project?
I have attached a redlined check-print of the project for the Engineer's review. Please return
it with the resubmitted revisions. If you have any questions regarding the above, please
feel free to give me a call at (760) 602-4613 or Clyde Wickham at 602-2742.
Sincerely,
Van Lynch
Associate Planner
VLxs
Attachment
Chris Decerbo
Clyde Wickham
Hofman Planning, Stuart Fisk, 5900 Pasteur Court, Ste 1 50, Carlsbad CA 92008
file
City of Carlsbad
Planning Department
October 19, 2000
The Brehm Companies
Jim Kennedy
5770 Oberlin Drive
San Diego CA 92121
SUBJECT: ZC 00-04/LCPA 00-04/CT 00-13/CDP 00-36 - TABATA PROPERTY
Dear Mr. Kennedy:
This letter is to explain why the City will not issue a "Complete application" letter for the
Tabata Property project. Due to the fact that legislative actions (Zone Change and Local
Coastal Program Amendment (LCPA)) are being processed concurrently with quasi-judicial
actions (Tentative Map and Coastal Development Permit), the Planning Department has
determined that the tentative map and coastal development permit applications must
remain incomplete until the legislative actions are approved by the City Council. The
current zoning for the property is Limited Control, which only allows agricultural uses. The
City cannot approve a development proposal inconsistent with the property's zoning,
therefore the map and coastal applications are kept in a state of incompleteness until
action is taken on the Zone Change and LCPA application. Staff will continue to process
all the applications together and take them forward to the decision makers at the same
time. Staff has all the information required to review the application, with the exception of
the pesticide/soil testing report which I understand is being prepared.
If you have any questions regarding the above, please feel free to give me a call at (760)
602-4613.
Sincerely,
VAN LYNCH
Associate Planner
VL:cs
c: Hofman Planning, Stuart Fisk, 5900 Pasteur Court, Ste 150, Carlsbad CA 92008
File
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us ^
Hofman Planning
Associates
Planning Project Management Fiscal Analysis
September 29, 2000
Van Lynch
CityofCarlsbad
1635 Faraday Avenue
Carlsbad, CA 92026
RECEIVED
SEP 2 S 2000
C'TV OF CARLSBAn
PUNNING DEPT
Subject: Tabata (CT 00-13/CDP 00-36) Resubmittal
Dear Van:
Attached are eight (8) sets of the revised tentative map and landscape plan for Tabata (CT 00-13).
The tentative map and landscape plans have been revised to address comments from your letter
dated August 3, 2000. The following lists the incomplete items and issues of concem and
explains how each item has been addressed:
ITEMS TO COMPLETE THE APPLICATION:
1) You requested that a pesticide/soil testing report be submitted. This report is
currently being prepared and will be submitted to you as soon as it is available.
2) You requested that we specify how the inclusionary housing requirement will be met
and stated that if the proposal is to purchase units within Villa Loma, a request must
be made through the Housing office and approved by the Housing team. It is The
Brehm Companies' intent to satisfy the affordable requirement through the purchase
credits within Villa Loma as stated in the attached letter to Housing &
Redevelopment requesting buy-in to Villa Loma for this project.
PLANNING ISSUES OF CONCERN:
1) You had stated that the project's landscape plan does not comply with the landscape
requirements of SP 203(A). However, since we are not proposing imits or
processing a SDP at this time, we believe that it would not be pmdent to place street
trees prior to establishing the design of the imits and layout of the hard scape. Per
our discussion it was agreed that only erosion control landscaping would be required,
5900 Pasteur Court • Suite 150 • Carlsbad • CA 92008 • (760) 438-1465 • Fax; (760) 438-2443
o
except along Black Rail where landscaping will meet requirements of SP 203(A)
since this area will not be affected by the final layout of the site.
2) As requested, application types and numbers have been provided on the tentative
map and constraints map.
3) You had requested that the grading be revised to eliminate the need for retaining wall
and slope combinations. The grading has been revised as feasible to propose 22,700
cubit yards of export, resulting in a reduction of all retaining wall heights by two
feet.
4) You requested that RV parking be shown on the tentative map. As proposed, this
project will annex into the Aviara Premier Collection HOA and the RV parking for
this project will be provided in the Aviara RV lot as shown on the tentative map.
5) Per your request, the percent of the site landscaping (10.3%) has been added to the
cover sheet of the tentative map.
6) You had requested that the title report block shown on the cover sheet of the
tentative map be moved to sheet 3 of the tentative map. However, per subsequent
discussions with you and Clyde Wickham, the title report block has been left on the
cover sheet of the tentative map.
7) As requested, the following changes have been made to the constraints map:
a. Per your request, the "HDP" application type has been changed to "CDP" and
the CDP number has been added to the constraints map.
b. Per your request, legend item 9 has been corrected to read "below".
c. As requested, legend item 12 has been corrected to read "Special Plarming
Areas - Zone 20".
d. You had requested the inclusion of an asterisk to legend items 21 and 41-44
or that the items be shown on the plans as appropriate. Since the title report
used for our original submittal included both the Tabata property and Planning
Area 22 of Aviara, further review of these items revealed that they did not
apply to this property. Therefore, these items have been removed from the
legend.
ENGINEERING ISSUES OF CONCERN:
1) As requested, access to Cabela Place is shown at the end of Street "A".
2) A note has been added to sheet 3 of the tentative map to clarify the under grounding
of power poles.
'3) As stated in #3 of the Planning issues, the grading has revised as feasible to propose
22,700 cubit yards of export, resuhing in a reduction all retaining wall heights by
two feet.
4) As previously discussed with you, Clyde Wickham and Tim Carroll, the grading and
drainage system in lot 149 is not a "taking" of open space. Since the tentative map
for Aviara Planning Area 22 required the Docena Road connection, the street
easement and grading in the open space easement have already been addressed by
the approval of the tentative map for Planning Area 22. Per our discussion with
Clyde, moving the location of the street easement in order to cormect Street "A" to
Cabela Place will not invalidate the easement.
5) The owner of the property to the south of this project has not been contacted
regarding the proposed location of Street "A". However, a letter explaining the
location and proposed agreement and set of the plans for Tabata will be sent to the
property owner within the next week or two.
Clyde had previously informed us of the steps we need to follow regarding
discussions with the property owner to the south. As I recall, the first step is to
contact the property owner to ask for his agreement to the location of Street "A".
The property owner will then have 30 days to respond. If we do not receive a
response we will make a second attempt and document our correspondence to the
property owner. If we do not receive a response after the second attempt the city will
intervene and, if necessary, begin condemnation proceedings.
6) The street connection is proposed at Street "A" and Cabela Place. Therefore, this
project's improvements will not tie into or transition to the curb, gutter and sidewalk
for the Hadley project. However, the project will tie into improvements for Cabela
Place as necessary.
We believe these revisions to the plans address your concems. If you have any questions or if you
need any additional information please feel free to call me at 438-1465.
Sincerely,
c. Bill Keimedy
SEP-27-2000 16=40 619 2933056 P.01/01
THE B<EHM#COMPANIES
Sqjtember 14,2000
Debbie Foimtain
Housing Sc. Redevelopment
2965 Roosevelt Street
Carlsbaid, CA 92008
Subject: Request to Satisfy Affordable
Purchasing Credits in Villa Loma
Dear Ms. Fountain:
Housing Requirement for CT-00-13 by
The puipose of this letter is to foraially request the ability to Mfil the affordable
requirement for CT-00-1.1 (Tabata) throi^h the purchase of credits in VUla Loma. We
are currently processing an 18 lot tentative ms^ for this property (no site plan is proposed
at this time), which is located between Black Rail Rood and Planning Area 22 of the
Aviara Master Plan, south of Docena Road..
The proposed lots are standard R>1 Lots with public streets. Due to the small size of this
project, the cost ofthe land, and the costs to install improvements, we do not believe that
it would be economically feasible to im)vide three affordable (as defined) single fiunily
homes on-site. A three unit multi-family project would not be economically feasible, nor
would it be compatible with sutroundiiftg development, which is all single family
detached. Therefore, we are requesting the abiUty to purchase 3.18 credits in Villa Loma
to satisfy the affordable housing requirements for this project
If you liave any question or if you need any additional information please feel free to call
me at (858) 404-9780 or Stuart Fisk of Hofinan Planning associates at (760) 438-1465.
Sincerely,
The Brehm compames
Bill Kennedy /
cc: Van Lynch
Stuart Fisk
.•S770 OBERLIN t'RIVE
.s^N ijiiU'K), CA y2nui7ii
TOTAL P.Bl
w
Citv of Carlsbad
Planning Department
August 3, 2000
The Brehm Companies
Jim Kennedy
5770 Oberiin Drive
San Diego CA 92121
SUBJECT: ZC 00-04/LCPA 00-04/CT 00-13/CDP 00-36 - TABATA
Thank you for applying for Land Use Permits in the City of Carisbad. The Planning Department
has reviewed your Zone Change, Local Coastal Program Amendment, Tentative Map, and
Coastal Development Permit, application nos. ZC 00-04/LCPA 00-04/CT 00-13/CDP 00-36, as
to their completeness for processing.
Due to the fact that legislative actions (Zone Change and Local Coastal Program Amendment)
are being processed concurrently with quasi-judicial actions, the Planning Department has
determined that the tentative map and coastal development permit applications must remain
incomplete until the legislative actions are approved by the City Council.
Attached are two lists. The first list is information which must be submitted for your application.
This list of items must be submitted directly to your staff planner by appointment. All list
items must be submitted simultaneously and a copy of this list must be included with
your submittals. The second list is issues of concern to staff.
Please contact your staff planner. Van Lynch, at (760) 602-4613, if you have any questions or
wish to set up a meeting to discuss the application.
Sincerely,
MICHAEL J.TIOLZMILLER
Planning Director
MJH:VL:cs
c: Chris Decerbo
Clyde Wickham
File Copy
Data Entry
Planning Aide
Hofman Planning, Stuart Fisk, 5900 Pasteur Court, Ste 150, Carisbad CA 92008
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 ^
LIST OF ITEMS NEEDED
TO COMPLETE THE APPLICATION
No. ZC 00-04/LCPA 00-04/CT 00-13/CDP 00-36
Planning:
1. The site has been historically utilized for agricultural purposes, therefore, the final
Program EIR for SP 203(A), which covers this property, requires the submittal of a
pesticide/soil testing report prior to the approval of the tentative map.
2. The project is subject to the inclusionary housing requirements. Please specify how the
requirement will be met. If the proposal is to purchase units within the Villa Loma
project, a request must be made through the Housing office and approved by the
Housing team. If the requirement is to be met onsite, a Site Development Plan
application and specific design information must be submitted.
ISSUES OF CONCERN
Planning:
1. The project's landscape plan does not comply with the landscape requirements of SP
203(A). Street trees requirements - 70% of the homes must have 1 - 24" box tree and 2
- 15 gallon trees/ 30% from the theme palette and 70% from the accent palette (see pg
90 of the Specific Plan).
2. Please provide application types and numbers on the plans.
3. Please revise grading to eliminate the need for retaining wall and slope combinations.
The combination wall/slope conditions along Black Rail are unacceptable.
4. Please consider the proposed lot sizes and the need to provide Recreational Vehicle
(RV) parking for the development. Twenty-five percent of the lots are required to
accommodate a recreational vehicle (minimum 10 feet wide by 200 square feet of level
area). Please show typical home plotting with adequate area for an RV.
5. Please add the percent of site landscaping (12.3%) to the cover sheet rather than
reference the landscape plan.
6. The Title report block on the cover sheet does not identify easements on the key map.
This table would be better placed on tentative map sheet 3. See item seven below for
additional easement block comments.
7. Please correct the Constraints map as follows:
a. Correct H.D.P. application type to C.D.P. and add number (CDP 00-36)
b. Legend, Item 9, correct to "below"
c. Legend, Item 12, correct to Special Planning Areas - "Zone 20"
d. Include asterisk to items 21,41 - 44 or show items on plans as appropriate.
Engineering:
1. Access to Docena Rd. or to Cabela Place is required. Both streets are dedicated as public
and serve as neighborhood connections to Aviara Oaks Elementary and Secondary
Schools.
2. The under grounding of power poles is unclear. Show last pole to remain standing (if any)
and "sweep underground."
3. The proposed grading could be improved. The compound slopes and retaining walls
along the north boundary should be reviewed. More of a contour or meeting of grade
could improve this issue.
4. The proposed grading and drainage system in lot 149 open space needs further
explanation. Is the open space deed restricted, where no development is allowed? Will a
land swap or additional dedication be required to offset the "taking" of open space?
5. Street "A" is located on the adjacent property to the south. Has the adjacent property
owner agreed to the dedication? Is there an agreement for the full width grading and
offsite 12' of improvement as proposed? Please submit supporting documents if any for
this design.
6. The existing curb, gutter, and sidewalk to the north are currently in plancheck. This project
should "stand alone" that is show improvements to tie into or transitions to the existing
condition.
Memorandum
TO: Associate Planner, Mike Grimm
FROM: Associate Engineer, Clyde Wickhar
DATE: April 21, 2000
RE: PRE 00 - 18, BREM COMPANIES "CANTERINA"
We have completed our review of the preliminary design identified above. Our
comments are limited to the information provided. Please incorporate these
comments in your letter to the applicant.
1. The proposed project in terms of private streets is not supported. We have
conditioned adjacent projects to circulate and connect to Docena Road, a
dedicated and graded public road. Ideally we would like to see a network of
connecting public streets and neighborhood access to Aviara School, as well
as Yamamoto, Buerger, Sugino, and Brem's "Cristalla" project. I have
attached a rough sketch of this idea to help explain the general idea.
2. The proposed hammerhead design on Street "E" is not supported. We
recommend using the City Standard cul de sac or wrap the alignment around
to provide access to adjacent parcels and use a temporary cul de sac (DS-5).
3. The adjacent project to the north (Hadley) and the proposed grading for that
subdivision should be shown. They (Ryland Homes) are in the final stage of
plan check and may start grading next month.
Please pass these comments on to the applicant. If you or the applicant have
any questions please give me a call at ext. 4353.
9
Citv of Carlsbad
Planning Department
March 28, 2000
Bill Hofman
Hofman Planning Associates
5900 Pasteur Court, Suite 150
Carisbad, CA 92008
S JECT: TABATA/AVIARA PLANNING AREA 22
D . Bill:
Staff has reviewed your request to use a flat, unvegetated portion of Aviara PA 22 for
density credit for a project on the adjacent Tabata Property. The portion of PA 22 is in
a coastal restricted open space area but is otherwise developable although it is our
understanding that it was to be revegetated in the future as a part of previous project
agreements. In order to use it for density credit, it must be legally a part of the property
being developed.
After thoroughly reviewing all pertinent background, staff believes that the Tabata
property should be consolidated with PA 22 and annexed into the Aviara Master Plan.
Staffs major concern is that the PA 22 open space is some of the best open space in
Aviara and coordinating maintenance between the Master Association for Aviara and
the developed project in Zone 20 on the Tabata property might not provide for
acceptable maintenance and revegetation efforts.
If you have any further questions, feel free to contact me or Mike Grim, Senior Planner,
(760) 602-4623.
Sincerely,
MICHAEL! HOLZMILLER
Planning Director
c: ^Mike Grim, Senior Planner
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 ^
THE B<EHM*COMPANIES
March 27,2000
Mr. Michael Holzmiller
City of Carlsbad
1635 Faraday Avenue
Carlsbad, Califomia 92008
Re: Aviara Planmng Arca 22 & The Tabata Property
Dear Mr. Holzmiller
Recently, The Brehm Companies submitted a Preliminary Review for Planning Arca 22
of the Aviara Master Plan and the adjacent Tabata property. Bill Hofinan and Mike
Howes of Hofinan Planning Associates have had some conversations with you and Mike
Grim regarding the abiUty to use portions ofthe undeveloped area ofPlanning Area 22
for calculating density. The preliminary response that Hofinan Planning Associates
received is that this is a possibility since it had been done in other portions ofthe Aviara
Master Plan.
Staff has, however, expressed sorae concems about the level of maintenance that will
occur in the undeveloped area if it is deannexed fixim tbe Aviara Master Plan. It appears
to be staffs concem that it would not receive the same level of maintenance that it would
have received ifit had remained in the Aviara Master Plan, especially for the areas that
were being revegetated with Southera Maritime Chaparral.
Even though this area would be deannexed from the Aviara Master Plan it is Brehm's
intent to have the maintenance of this area timied over to the Master Homeowners
Association, as is currently intended, to ensure that the same level of maintenance occurs.
Hopefully this letter addresses your concems. Please feel free to contact me or Mike
Howes of Hofinan Planning Associates if you have any questions.
Sincerely,
The Brehm Companies ^
Paula Lombardi
Vice President'ProJect Management
cc: Mr. Mike Grim, City of Carlsbad
Mr. Mike Howes, HPA
5170 OBERLIN CRIVE 858 4J.--.W0
SAN uieCio,c:A«ui.nj3 nix j.vi.wjfi
PROJECT DESCRIPTION
PRELIMINARY REVIEW FOR CANTARINA
(APN:215-040-04 and 215-041-01 through 215-041-11)
Background
The Cantarina property Is located on the east side of Black Rail Road south of
Docena Road. The project site is approximately 11.7 acres in size and consists
of 12 parcels. The Tabata parcel (APN 215-040-04) is zoned as Limited Control
(LC) and was historically used for agriculture. The Aviara Planning Area 22
portion ofthe site (APN 215-041-01 through 215-041-11)) is zoned as Planned
Community (PC) and has an already approved Tentative Map(CT 92-03) which
allows for 9 single family homes served off of Cabela Place, a public street
connecting to the Hadley Property (CT 98-17) to the north. The General Plan
designation for the project is RLM (0-4du/ac). The proposed density is 3.3
dwelling units per acre with a minimum lot size of 4,984 square feet. Density
credit is assumed for the disturbed vegetation In the open space easement in
Planning Area 22 of the Aviara Master Plan (see attached exhibit A) which was
once used as a borrow site. This disturbed area is approximately 2.3 acres.
The goal of the project is to de-annex the Planning Area 22 portion of the
property out of the Aviara Master Plan, because it is isolated from the rest of the
master plan by a large portion of open space. This would eliminate conflicts
created by having two different Home Owners Association for the same project.
The proposed project would also eliminate the connection through Docena Road
from Planning Area 22 into Planning Area 21, which was approved as part of CT
92-03. This connection Is being eliminated because the proposed project will
have two accesses onto Blackrail Road. One through the project site and
another through the Hadley Property to the north. This change will also result in
a larger undisturbed open space area by deleting the road connection to
Planning Area 21 ofthe Aviara Master Plan.
Product Type / Architecture
It is anticipated that there will be three floor plans ranging from 2,360 to
2,800sq.ft.. The final product mix will include a combination of 3BR/2.5BA,
4BR/3.5BA and a 3BR/4BA with a granny flat. Each unit will be designed with a
direct access two car garage, fireplace, central air heating, and washer/dryer
hookups. The project will have three different architectural styles consisting of
Spanish, Tustin and Monterey with many building planes.
A Home Owner Association (HOA) will be organized outside ofthe Aviara HOA
once Planning Area 22 Is de-annexed out of the Aviara Master Plan. The
Cantarina HOA will be responsible for the management, maintenance and
periodic replacement of the association's assets as well as the open space
areas.
The common recreation area will be centrally located and provide both active
and passive recreational facilities. Arrangements have been made with the
Aviara Master Plan Homeowners Association to allow this project to utilize
excess RV storage space within the Aviara Recreational Vehicle Storage Area.
The units will be individually metered for trash, sewer, water, gas and electric
utilities. Irrigation for common areas will be billed to the projects Home Owners
Association.
Conclusion
We believe that the proposed project will be compatible with the surrounding
single family homes. Although the proposed density of 3.3 dwelling units per
acre Is slightly higher than the adjacent development, the diverse architecture
and street scape will compliment the area. In addition, the new product type will
add to the product diversity in this portion ofthe City by providing a smaller
product type.
n o • T H NOSCALE NOTI: Aa LOCATIONS APMOUun
CANTARINA LOCATION MAP •
Hofman Pfanning
Associates
03/20/200E 17: 02 7604382443 HOFMAN PLANNING PA6E 82
-J
PROJECT NAME:
PRELIMINARY RFVTF.W APPLICATION
Canterina
OWNER (Print or type)
* The Brehm Companies
Addres.s "^770 nhftrttn nrHv^
City. State & Zip San Dieqo, CA 92121
Telephone ( BFiR) 4'^l-:^04t)
Signature.
•Owner's s
APPLICANT (Print or type)
Hofifian Planninq Associates
Address ^^^^ Pastuer Ct., Ste. 150
City, State&Zip Carlsbad, CA 92008
Telephone (760)438-1465
Signature ^^ij^^^^ .^^^
rmission to conduct a preliminary review for a development proposal.
PROIECT ASSESSOR'S PARCEL NUMBER(S) (APN): 21 ^-040-04 ant^ 21 5-041 - M-11 ^
DESCRIPTION OF PROPOSAL (ADD ATTACHMENT IF NECESSARY):
(PLEASE SEE ATTACHED>
WOULD YOU LIKE TO ORALLY PRESENT YOUR PROPOSAL TO YOUR ASSIGNED STAFF
PLANNER/ENGINEER? YES ® •
PLEASE LIST THE NAMES OF ALL STAFF MEMBERS YOU HAVE PREVIOUSLY SPOKEN TO
REGARDING THIS PROJECT. IF NONE, PLEASE SO STATE,
FOR CITY USE ONLY
PROJECT NUMBER: (^(D^/f^
FEE REQUIRED/-DATE FEE PAID:
RECEIPT NO.:
RECEIVED BY: iJ.lj/^^^^
Routing: Planning ^^^^..^.^^JEngineering
Fire,g^ Waterp
Other.
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