HomeMy WebLinkAboutCT 81-12; Anden Group The; Tentative Map (CT)Recording Requested By
and
When Recorded Return To:
MCDONALD, HECHT, WORLEY & SOLBERG
Mr. A. John Hecht
617 Financial Square
600 "B" Street
San Diego, California 92101
DECLARATION OF RESTRICTIONS
FOR
MEADOWRIDGE VIEW
TABLE OF CONTENTS
ARTICLE PAGES
I Definitions 2 through 4
II Membership and Voting Rights in
Corporation 4 through 6
III Covenant for Maintenance Assessments
to Corporation 6 through 8
IV Use of Living Units and Common Area
as Described in Condominium Plan 8 through 13
V Responsibilities of Maintenance 13 through 14
VI Separation of Interest and Partition
prohibited 14
VII power of Attorney 14 through 15
VIII Special Restrictions 15 through 16
IX Damage, Destruction and Condemnation
of Common Area 16 through 18
X Damage, Destruction and Condemnation
of Living Units 18 through 19
XI Enforcement 19
XII General Provisions 19 through 23
DECLARATION OF RESTRICTIONS
THIS DECLARATION OF RESTRICTIONS is made this day of
, 19 , by THE ANDEN GROUP, a general partnership.
hereinafter called "Declarant;"
This Declaration is made with reference to the following
RECITALS:
A. Declarant is the owner of the real property located in
the City of Carlsbad, County of San Diego, California, more par-
ticularly described as:
Lot 1 of CARLSBAD TRACT NO. 81-12 according to
Map thereof No. filed in the Office of
the County Recorder of San Diego County, Cali-
fornia, on , 19 ,
hereinafter called the "Condominium Property."
B. Declarant has or will hereafter file a Condominium Plan
with the Office of the County Recorder of San Diego County, Cali-
fornia covering the Condominium Property.
C. Declarant has or intends to improve the Condominium
property by establishing thereon sixty-nine (69) condominium
units and intends to establish a condominium project under the
provisions of the California Condominium Act providing for
separate title to Living Units (as hereinafter defined) appurte-
nant to which will be an undivided fractional interest in the
Common Area (as hereinafter defined).
D. The Owners of a Condominium in the project will receive
title to a Living Unit plus an appurtenant undivided l/69th
fractional interest as tenant in common in the Common Area. Each
Condominium shall have appurtenant to it a Class A membership in
MEADOWRIDGE VIEW CONDOMINIUM CORPORATION, a California Nonprofit
Mutual Benefit Corporation ("Corporation"), which will be the
management body for the condominium project.
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E. Before selling or conveying any interests in the Condo-
minium Property, Declarant desires to subject the Condominium
Property in accordance with a common plan to certain covenants,
conditions and restrictions for the benefit of Declarant and any
and all present and future owners of the Condominium Property.
NOW, THEREFORE, Declarant hereby certifies and declares and
does hereby establish the following general plan for the protec-
tion and benefit of all of the Condominium Property, and has
fixed and does hereby fix the following protective covenants,
conditions and restrictions upon each and every ownership inter-
est in the Condominium Property, under which said covenants, con-
ditions and restrictions each ownership interest in the
Condominium Property shall be hereafter held, used, occupied,
leased, sold, encumbered, conveyed and/or transferred. Each and
all of said covenants, conditions and restrictions are for the
purpose of protecting the value and desirability of and shall
inure to the benefit of all of the Condominium Property and shall
run with and be binding upon and pass with the Condominium
Property and each and every ownership interest therein and shall
inure to the benefit of, apply to and bind the respective suc-
cessors in title or interest of Declarant.
ARTICLE I
DEFINITIONS
Section 1. "Corporation" shall mean and refer to MEADOWRIDGE
VIEW CONDOMINIUM CORPORATION, a California Nonprofit Mutual
Benefit Corporation, its successors and assigns.
Section 2. "Board" shall mean and refer to the Board of
Directors of the Corporation.
Section 3. "Condominium Property" shall mean and refer to
that real property located in the County of San Diego, Califor-
nia, described on the first page hereof.
Section 4. "Owner" shall mean and refer to the record owner,
whether one (1) or more persons or entities, of fee simple title
to any Condominium which is a part of the Condominium property,
including contract sellers, but excluding those having such
interest merely as security for the performance of an obligation.
Section 5. "Condominium Plan" shall mean and refer to the
Condominium Plan recorded pursuant to California Civil Code
Section 1351 covering the Condominium Property, including such
amendments thereto as may from time to time be recorded.
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Section 6. "Condominium" shall mean and refer to a fee
simple estate in the Condominium Property as defined in Section
783 of the California Civil Code and shall consist of a separate
interest in a Living Unit and an undivided fractional interest as
tenant in common in the Common Area, together with any Exclusive
Use Area conveyed appurtenant thereto.
Section 7. "Living Unit" shall mean and refer to those por-
tions of the Condominium Property shown and described as such on
the Condominium Plan.
Section 8. "Common Area" shall mean and refer to all por-
tions of the Condominium Property not located within a Living Unit.
Section 9. "Exclusive Use Area" shall mean and refer to
those portions of the Common Area to which an exclusive right to
use is granted to an Owner as shown and described on the Condo-
minium plan and shall consist of patios. Balconies and Garages.
Section 10. "Declarant" shall mean and refer to THE ANDEN
GROUP, a general partnership, its successors and assigns, if such
successors or assigns should acquire all of the Condominium
Property from the Declarant.
Section 11. "Mortgage" shall mean and refer to a Deed of
Trust as well as a mortgage.
Section 12. "Mortgagee" shall mean and refer to a benefi-
ciary under or holder of a Deed of Trust as well as a mortgagee.
Section 13. "Mortgagor" shall mean and refer to the trustor
of a Deed of Trust as well as a mortgagor.
Section 14. "Bylaws" shall mean and refer to the Bylaws of
the Corporation as they may from time to time be amended.
Section 15. "Articles" shall mean and refer to the Articles
of Incorporation of the Corporation as they may from time to time
be amended.
Section 16. "Member" shall mean and refer to a person en-
titled to membership in the Corporation as provided herein.
Section 17. "Project" shall mean and refer to the entire
real property above described, including all structures and im-
provements erected or to be erected thereon.
Section 18. "Declaration" shall mean and refer to this en-
abling Declaration of Restrictions as it may from time to time be
amended.
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Section 19. "Eligible Insurer or Guarantor" shall mean and
refer to an insurer or governmental guarantor who has requested
notice from the Corporation of those matters which such insurer
or guarantor is entitled to notice of by reason of this Declara-
tion or the Bylaws.
Section 20. "Eligible Mortgage Holder" shall mean and refer
to a holder of a first Mortgage on a Condominium who has
requested notice from the Corporation of those matters which such
holder is entitled to notice of by reason of this Declaration or
the Bylaws.
ARTICLE II
MEMBERSHIP AND VOTING RIGHTS IN CORPORATION
Section 1. Every Owner of a Condominium shall be a Member
of the Corporation. Membership shall be appurtenant to and may
not be separated from ownership of any Condominium. Each Owner
is obligated promptly, fully and faithfully to comply with and
conform to the Declaration, Articles and Bylaws and the rules and
regulations adopted thereunder from time to time by the Board and
officers of the Corporation. Membership in the Corporation shall
not be transferred, pledged or alienated in any way, except upon
the sale of the Condominium to which it is appurtenant, and then
only to the purchaser. The transfer of title to a Condominium or
the sale of a Condominium and transfer of possession thereof to
the purchaser shall automatically transfer the membership appur-
tenant to such Condominium to the transferee.
The Corporation shall have two classes of voting membership:
Class A. Class A Members shall be all Owners of a Condomin-
ium with the exception of Declarant, and shall be entitled to one
(1) vote for each Condominium owned. When more than one person
holds an interest in any Condominium, all such persons shall be
Members. The vote for such Condominium shall be exercised as
they among themselves determine, but in no event shall more than
one (1) vote be cast with respect to any Condominium.
Class B. The Class B Member(s) shall be the Declarant and
shall be entitled to three (3) votes for each Condominium owned.
The Class B membership shall automatically terminate and forever
cease to exist and be converted to Class A membership on the
happening of any of the following events, whichever occurs
earlier:
(a) When the total votes outstanding in the Class A
membership equal the total votes outstanding in the Class B
membership; or
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(b) Two (2) years following the date of original
issuance by the California Department of Real Estate of its Final
Subdivision Public Report covering the Condominium Property.
Section 2. Except as otherwise provided herein, the Corpo-
rat iorr~actIng through the Board and officers shall have the sole
and exclusive right and duty to manage, operate, control, repair,
replace or restore all of the Common Area or any portion thereof,
together with the improvements, trees, shrubbery, plants and
grass thereon, all as more fully set forth in this Declaration,
the Articles and the Bylaws.
Section 3. The Board shall have the right to adopt reason-
able rules not inconsistent with the provisions contained in this
Declaration, and to amend the same from time to time relating to
the use of the Common Area and the recreational and other facil-
ities situated thereon by Owners and by their tenants or guests,
and the conduct of such persons with respect to automobile park-
ing, outside storage of boats, trailers, bicycles and other ob-
jects, disposal of waste materials, drying of laundry, control of
pets and other activities which, if not so regulated, might de-
tract from the appearance of the community or offend or cause
inconvenience or danger to persons residing or visiting therein.
Such rules may provide that the Owner of a Condominium whose
occupant leaves property on the Common Area in violation of the
rules may be assessed after appropriate notice and an opportunity
for a hearing before the Board to cover the expense incurred by
the Corporation in removing such property and storing or dispos-
ing thereof.
Section 4. For the purpose of performing the maintenance of
the Common Area or for any other purpose reasonably related to
the performance by the Board of its responsibilities under this
Declaration, the Corporation's agents or employees shall have the
right, after reasonable notice to the Owner, to enter any Living
Unit or upon any portion of the Common Area (including any Exclu-
sive Use Area) at reasonable hours; provided, however, except
during an emergency, there shall be no entry into a Living Unit
without the Owner's written consent, which consent shall not
unreasonably be withheld. When there is an entrance into any
Living Unit or Exclusive Use Area, such entrance shall be made
with as little inconvenience to the Owner as possible and any
damage caused shall be repaired by the Corporation.
Section 5. In discharging their duties and responsibili-
ties, the Board acts on behalf of and as representative of the
Corporation which acts on behalf of and as representative of the
Owners, and no member thereof shall be individually or personally
liable or obligated for performance or failure of performance of
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such duties or responsibilities unless he fails to act in good
faith.
ARTICLE III
COVENANT FOR MAINTENANCE ASSESSMENTS TO CORPORATION
Section 1. The Declarant, for each Condominium owned within
the Condominium Property, hereby covenants, and each Owner of any
Condominium by acceptance of a deed therefor, whether or not it
shall be so expressed in such deed, is deemed to covenant and
agrees to pay to the Corporation in accordance with the Bylaws:
(i) regular assessments, and (ii) special assessments, such as-
sessments to be established and collected as hereafter set forth
and as provided in the Bylaws. The regular assessments and any
special assessments, together with interest, costs, penalties and
reasonable attorney's fees, shall be a charge on the land and
shall be a continuing lien upon the Condominium against which
each such assessment is made. Each such assessment, together
with interest, costs, penalties and reasonable attorney's fees
shall also be the personal obligation of the person or persons
who were the Owner(s) of such property at the time when the
assessment fell due. The personal obligation for delinquent
assessments shall not pass to an Owner's bona fide and for value
successors in title unless expressly assumed by them.
Section 2. Both regular and special assessments (other than
special assessments imposed by reason of noncompliance with the
Articles, Bylaws and Declaration or the rules and regulations
adopted by the Board, or special assessments to raise funds for
the rebuilding or major repair of a portion of the structural
Common Area) shall be levied upon each Condominium at a uniform
rate. A special assessment against the Owners to raise funds for
the rebuilding or major repair of the structural Common Area of
the Project shall be levied upon the basis of the ratio of the
square footage of the Living Unit of the Condominium to be as-
sessed to the total square footage of the floor area of all the
Condominiums to be assessed. All Condominiums shall be so spe-
cially assessed in the event any Condominium is so specially
assessed to raise funds for any such repair or rebuilding. An
Owner may be specially assessed as a remedy of the Corporation,
utilized by the Board, to reimburse the Corporation for costs
incurred in bringing the Owner and/or his Condominium into com-
pliance with the provisions of this Declaration, the Bylaws and
rules and regulations adopted by the Board.
Section 3. The regular assessments shall commence as to all
Condominiums on the first day of the calendar month following the
close of the first sale of a Condominium by Declarant, Written
notice of the assessment shall be given to every Owner subject
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thereto. Assessments may be collected on a monthly basis or
otherwise as determined by the Board. The Corporation shall,
upon demand and for a reasonable charge, furnish a certificate
signed by an officer of the Corporation setting forth whether the
assessments on a specified Condominium have been paid.
Section 4. Any assessment not paid within thirty (30) days
after the date due shall bear interest from the date due at the
rate provided in the Bylaws.
Section 5. At any time after any assessments levied by the
Corporation affecting any Condominium have become delinquent, the
Board may file for recording in the Office of the San Diego
County Recorder a notice of delinquency as to such Condominium,
which notice shall state all amounts which have become delinquent
with respect to such Condominium and the costs (including attor-
ney's fees), penalties and interest which have accrued thereon,
the amount of any assessments relating to such Condominium which
are due and payable although not delinquent, a description of the
Condominium with respect to which the delinquent assessments are
owed, and the name of the record or reputed record Owner of such
Condominium. Such notice shall be signed by the President or
other officer of the Board, or by a majority of the Members of
the Board, or by the Corporation's attorney. In the event the
delinquent assessments and all other assessments which have
become due and payable with respect to the same Condominium,
together with all costs (including attorney's fees), penalties
and interest which have accrued on such amounts, are fully paid
or otherwise satisfied prior to the completion of any sale held
to foreclose the lien provided for in this Article, the Board
shall record a further notice, similarly signed, stating the
satisfaction and releasing of such lien. Immediately upon re-
cording of any notice of delinquency pursuant to the foregoing
provisions of this Section, the amounts delinquent, as set forth
in such notice, together with the costs (including attorney's
fees), penalties and interest accruing thereon, shall be and
become a lien upon the Condominium described therein, which lien
shall also secure all other payments and/or assessments which
shall become due and payable with respect to said Condominium
following such recording, and all costs (including attorney's
fees), penalties and interest accruing thereon.
Section 6. Each assessment lien may be foreclosed as and in
the same manner as the foreclosure of a Mortgage upon real prop-
erty under the laws of the State of California, or may be en-
forced by sale pursuant to Sections 2924 et seq. and Section 1356
of the California Civil Code, and to that end a power of sale is
hereby conferred upon the Corporation.
Section 7. The lien of the assessments, interest, penalties,
costs and attorney's fees provided for herein shall be subor-
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dinate to the lien of any first Mortgage made in good faith and
for value upon any Condominium, and sale or transfer of any
Condominium pursuant to judicial or nonjudicial foreclosure of
such Mortgage, shall extinguish the lien of such assessment as to
payments which become due prior to such sale or transfer. No
sale or transfer shall relieve such Condominium from lien rights
for any assessments thereafter becoming due.
Section 8. Upon acquisition of record title to a Condomin-
ium from Declarant, such Owner shall make a contribution to the
capital of the Corporation in an amount equal to two (2) times
the amount of the regular monthly assessment as determined by the
Board. This amount shall be deposited by the buyer into the
purchase and sale escrow and disbursed therefrom to the Corpora-
tion. Within sixty (60) days after close of the first sales
escrow of a Condominium by Declarant, as seller. Declarant shall
deposit into an escrow an amount equal to two (2) times the
amount of the regular monthly assessment for any and all Condo-
miniums not yet sold. Escrow shall remit these funds to the
Corporation. Upon close of escrow of any Condominium for which
the capitalization fund is prepaid by Declarant, the buyer shall
remit, through escrow, at close of escrow, to Declarant, reim-
bursement of such funds. Said capital contribution is in addi-
tion to the regular and special assessments of the Corporation
and shall apply only to the first sales of Condominiums by
Declarant and shall not apply to any resale of Condominiums.
ARTICLE IV
USE OF LIVING UNITS AND COMMON AREA
AS DESCRIBED IN CONDOMINIUM PLAN
Section 1. Each Living Unit shall be improved, used and oc-
cupied for private, single-family dwelling purposes only, and no
portion thereof nor the Common Area shall be used for any commer-
cial purpose whatsoever; provided, however. Declarant may use any
of the Living Units and Exclusive Use Areas owned or leased by
Declarant as model homes and sales offices during that period of
time commencing when the Condominiums are first sold or offered
for sale to the public and ending when all the Condominiums in
the Project are sold and conveyed by Declarant to separate owners
thereof.
Section 2. Each Owner shall have the right to lease his
Condominium, provided that such lease is in writing and provides
that the tenant shall be bound by and obligated to the provisions
of this Declaration, the Bylaws and the rules and regulations of
the Board and that the failure to comply with the provisions of
these documents shall be a default under the lease. With the
exception of a lender in possession of a Condominium following a
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default under a first Mortgage, a foreclosure proceeding or any
deed or other arrangement in lieu of foreclosure, no Owner shall
lease his Condominium for transient or hotel purposes. Any lease
which is either for a period of less than thirty (30) days or
pursuant to which the lessor provides any services normally
associated with a hotel shall be deemed to be for transient or
hotel purposes.
Section 3. No Living Unit, Exclusive Use Area or improve-
ments situated therein shall be occupied or used for any purpose
or in any manner which shall cause such improvements to be unin-
surable against loss by fire or the perils of the extended cover-
age endorsement to the California Standard Fire Policy form, or
cause any such policy or policies representing such insurance be
cancelled or suspended, or the company refuse renewal thereof.
Section 4. Not exceeding one (1) usual and ordinary house-
hold pet (such as a dog or cat) plus caged birds and aquarium
fish may be kept in any Living Unit or Exclusive Use Area without
the prior written consent of the Board. Pets shall not be
allowed on other portions of the Common Area except as may be
permitted by rules made by the Board. Except as provided
hereinabove, no animals, livestock, birds or poultry shall be
brought within the Condominium Property or kept in any Living
Unit or on any portion of the Common Area. No pet shall be per-
mitted to be kept within any portion of the Condominium Property
if it makes excessive noise or otherwise constitutes an unreaso-
nable annoyance to other Owners.
Section 5. No Living Unit or Exclusive Use Area shall be
used in such manner as to obstruct or interfere with the enjoy-
ment of occupants of other such areas or annoy them by unreason-
able noise or otherwise, nor shall any nuisance be committed or
permitted to occur in any Living Unit nor on the Common Area.
Section 6. No signs other than one (1) sign of customary
and reasonable dimensions advertising a Condominium for sale or
lease shall be erected or displayed in any Living Unit so that it
is visible from without such area without the prior written per-
mission of the Board, and all signs must conform with applicable
governmental ordinances. No signs shall be erected or displayed
on the Common Area except signs placed by authority of the
Board. Anything contained in this Declaration to the contrary
notwithstanding. Declarant shall have the right to install and
maintain during the sales period set forth in Section 1 above
such signs, poles and advertisements as it deems appropriate in
connection with its sales program for the sale to the public of
Condominiums.
Section 7, There shall be no outside television or radio
antennae, masts, poles or flag poles constructed, installed or
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maintained on the Condominium Property for any purpose whatsoever
without the prior written consent of the Board.
Section 8. Except as otherwise specifically provided here-
in, nothing herein contained shall give the Owner the right to
paint, decorate, remodel, landscape or adorn any part or parcel
of the Common Area without the written consent of the Board.
Section 9. No noxious or offensive activity shall be car-
ried on in any Living Unit or on the Common Area, nor shall any-
thing be done therein which may be or become an annoyance or nui-
sance to the other Owners other than construction or repair of
improvements made at the Board's instruction or at Declarant's
instruction. Nothing shall be done in any Living Unit or in, on
or to the Common Area which will impair the structural integrity
of any building, or which would structurally change any building
located therein. Except as otherwise provided herein, nothing
shall be altered or constructed in or removed from the Common
Area except upon the written consent of the Board or an architec-
tural committee appointed by the Board. All equipment, garbage
cans, wood piles or storage piles shall be kept screened and
concealed from view of neighboring Living Units, streets and
Common Area. All rubbish, trash or garbage shall be regularly
removed from each Living Unit and shall not be allowed to accumu-
late thereon or on the adjacent Common Area. No fences, hedges
or walls shall be erected or maintained upon the Condominium
Property except such as are installed in accordance with the ini-
tial construction of the buildings located on the Condominium
Property or as allowed by the Board. No exterior clotheslines
shall be erected or maintained, and there shall be no outside
drying or laundering of clothes on the Common Area, except in
areas which may be approved by the Board.
Section 10. No power equipment, hobby shops or car mainte-
nance (other than emergency work) shall be permitted on the Con-
dominium Property, except with prior written approval of the
Board. Approval shall not be unreasonably withheld and in
deciding whether to grant approval, the Board shall consider the
effects of noise, air pollution, dirt or grease, fire hazard,
interference with radio or television reception, and similar
objections.
Section 11. Except as otherwise provided herein, the
Common Area shall be improved and used only for the following
purposes:
(i) affording vehicular passage and pedestrian
movement within the Condominium Property, including access to
the Living Units;
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(ii) recreational use by the Owners and occupants
of Living Units in the Condominium Property and their guests,
subject to rules established by the Board;
(iii) beautification of the Common Area and provid-
ing privacy to the residents of the Condominium Property
through landscaping and such other means as the Board shall
deem appropriate;
(iv) parking of automotive passenger vehicles in
areas provided therefor as may be designated and approved by
the Board by such persons, upon such terms and conditions and
for such fees as may from time to time be determined by the
Board;
(v) as Exclusive Use Areas to be used in the man-
ner hereinafter described. Nothing herein shall be deemed to
allow persons other than the Owner of a Living Unit to which
an Exclusive Use Area is appurtenant (or his tenants and les-
sees) to enjoy the use thereof.
No part of the Common Area shall be obstructed so as to interfere
with its use for the purposes hereinabove permitted, nor shall
any part of the Common Area be used for storage purposes (except
as incidental to one of such permitted uses, or for storage of
maintenance equipment used exclusively to maintain the Common
Area or in storage areas designated by the Board), nor in any
manner which shall increase the rate of which insurance against
loss by fire, or the perils of the extended coverage endorsement
to the California Standard Fire Policy form, or bodily injury, or
property damage liability insurance covering the Common Area and
improvements situated thereon may be obtained, or cause such
premises to be uninsurable against such risks or any policy or
policies representing such insurance to be cancelled or suspended
or the company issuing the same to refuse renewal thereof.
Section 12. The Board shall have the right to allow one or
more Owners to exclusively use portions of the otherwise nonex-
clusive Common Area, provided that such portions of the Common
Area are nominal in area and adjacent to the Owner's Exclusive
Use Area(s) or Living Unit, and, provided further, that such use
does not unreasonably interfere with any other Owner's use or
enjoyment of the Project.
Section 13. Each Owner shall be legally liable to the Cor-
poration for all damages to the Common Area or to any improve-
ments thereof or thereto, including, but not limited to, the
buildings, recreation facilities and landscaping caused by such
Owner, his licensee(s) or any occupant of such Owner's Living
Unit as such liability may be determined under California law.
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Each Owner shall be responsible for compliance with the provi-
sions of the Declaration, Articles, Bylaws and rules of the Board
by his guests, lessees and all occupants of his Living Unit, and
shall, after written notice and an opportunity for a hearing, pay
the fines and penalties assessed pursuant hereto, the Bylaws or
Board rules for any violation by his guests, lessees and occu-
pants of his Living Unit.
Section 14. Each Owner shall have the right, at his sole
cost and expense, to maintain, repair, paint, paper, panel,
plaster, tile and finish the interior surfaces of the ceilings,
floors, window frames, door frames, trim and perimeter walls of
the Living Unit and the surfaces of the bearing walls and parti-
tions located within the Living Unit. Said Owners shall have the
right to substitute new finished surfaces in place of those
existing on said ceiling, floors, walls and doors of said Living
Unit.
Section 15. Each Exclusive Use Area shall be (i) appurte-
nant to the Living Unit with which the Exclusive Use Area is con-
veyed, and (ii) used only for the purposes set forth in this
Declaration. The right to so use an Exclusive Use Area shall be
exercisable only by the Owner(s) of the Condominium appurtenant
thereto and/or said Owner's tenants and licensee(s). Conveyance
of a Condominium shall effect conveyance of Exclusive Use Areas
appurtenant thereto and transfer of all rights thereto to the
vested Owner of the Condominium. Any license(s) thereto shall be
terminated upon such conveyance. No Exclusive Use Area or any
rights thereto (other than said revokable licenses) shall be
transferred or conveyed apart from conveyance of the Condominium
to which they are appurtenant. Each Exclusive Use Area shall be
deemed to be Common Area for all those purposes set forth in this
Declaration which are not inconsistent with this Article IV or
Article V.
Section 16. Each Owner shall have the following rights with
regard to the Patio, if any, which he has the exclusive right to
use:
(a) To place furniture and potted plants upon said
area.
(b) If appropriate areas exist therefor, to landscape
and plant flowers and shrubs which do not unreasonably interfere
with the enjoyment of adjacent Living Units and Exclusive Use
Areas.
Each Owner shall have the right to park and store one (1)
standard automotive vehicle in the Garage, if any, which he has
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the exclusive right to use. Should storage cabinets exist there-
for, each Owner shall have the right to store non-hazardous items
in such storage cabinets.
Each Owner shall have the right to place furniture and
potted plants upon the Balcony, if any, which he has the exclu-
sive right to use.
Except as provided in this Section 16, nothing contained
herein shall give any Owner the right to paint, decorate, remodel
or alter said Exclusive Use Areas or any other part of the Common
Area without the prior written consent of the Board.
Section 17, Anything contained in this Declaration to the
contrary notwithstanding, no building, fence, wall or other
structure or improvement shall be commenced, erected, placed or
altered upon the Common Area until the location and the complete
plans and specifications showing the nature, kind, shape, height
and materials, including the color scheme, have been submitted to
and approved in writing as to harmony of external design, color
and location to surrounding structures and topography by the
Board or by an architectural committee composed of three (3) or
more, but not to exceed five (5) representatives appointed by the
Board from the membership of the Corporation. The grade, level
or drainage characteristics of the Condominium property or any
portion thereof shall not be altered without the prior written
consent of the Board or its designated committee. The provisions
of this Section 17 shall not apply to the initial construction by
Declarant of dwellings or other improvements on the Condominium
Property, and neither the Board nor any committee appointed by
the Board shall have any authority or right to approve or disap-
prove thereof.
ARTICLE V
RESPONSIBILITIES OF MAINTENANCE
Section 1. Each Owner of a Condominium shall be responsible
for the maintenance and repair of the glass doors and windows
enclosing his Living Unit, including the metal frames and tracks
of glass doors and windows, the interior of his Living Unit and
all appliances whether "built-in" or freestanding within the
Living Unit and the interior surfaces of the Living Unit, and
shall also be responsible for the maintenance and repair of the
plumbing, electrical and heating systems servicing his Living
Unit and located within the outside perimeter of the exterior
walls, floors and ceilings thereof, including television cable
equipment and connections, and all appliances and equipment
located within or without said Living Unit, so long as those
systems are used exclusively by such Owner and not in common.
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Each Owner shall also be responsible for the maintenance and
repair of any Garage, Patio and Balcony which he has the exclu-
sive right to use, including the interior, interior surfaces of
any fences and railing and any windows, and shall make repairs in
such manner as shall be deemed necessary in the judgment of the
Board to preserve the attractive appearance thereof and protect
the value thereof.
Section 2. Each Owner hereby grants easements to other
Owners to enter onto each Living Unit and Exclusive Use Area, or
to have utility companies enter onto Condominiums to repair the
plumbing, heating and electrical systems located thereon, subject
to the limitations on entry into any Living Unit set forth in
Article II, Section 4. Each Owner hereby grants to utility com-
panies the right to enter any Exclusive Use Area when necessary
to do so for purposes of reading or repairing utility meters.
Section 3. The Board shall have the right to grant permits,
licenses and easements over, under, upon and across the Common
Area for utilities, roads and other purposes reasonably necessary
or useful for the property maintenance or operation of the Project,
ARTICLE VI
SEPARATION OF INTEREST
AND PARTITION PROHIBITED
Section 1. No Owner may sell, assign, lease or convey his
interest in the Common Area separate and apart from his Living
Unit nor any portion of his Living Unit apart from the entire
Living Unit,
Section 2. Each of the Owners of a Condominium, whether
such ownership is in fee simple or as a tenant in common, is
hereby prohibited from partitioning or in any other way severing
or separating such ownership from any of the other ownerships in
the Condominium Property, except upon the showing that such
partition is consistent with the requirements of California Civil
Code Section 1354.
ARTICLE VII
POWER OF ATTORNEY
The Corporation is hereby granted an irrevocable power of
attorney to sell the Condominium property for the benefit of all
the Owners thereof when partition of the Owners' interests in
said Condominium Property may be had pursuant to Article VI
above. The power of attorney herein granted may be exercised
upon the vote or written consent of Owners holding in the aggre-
-14-
gate at least two-thirds (2/3) of the interest in the Common Area
by any two (2) Members of the Board who are hereby authorized
to record a certificate of exercise in the Office of the San
Diego County Recorder, which certificate shall be conclusive
evidence thereof in favor of any person relying thereon in good
faith.
ARTICLE VIII
SPECIAL RESTRICTIONS
Section 1. Except as otherwise provided in Article VI above,
unless at least sixty-seven percent (67%) of the first Mortgagees
of Mortgages encumbering Condominiums (based upon one (1) vote
for each Mortgage) have given their prior written approval,
neither the Owners nor the Corporation shall;
(a) Seek, by act or omission, to abandon the Condomin-
ium Project or to terminate the Condominium Plan or this Declara-
tion (whether or not because of any destruction to the Project),
or change, waive or abandon any scheme of regulation or enforce-
ment thereof, pertaining to the architectural design or the
exterior appearance or maintenance of Living Units or the Common
Area;
(b) Change the pro rata interest or obligations of any
Condominium for purposes of levying assessments or allocating
distributions of hazard insurance proceeds or condemnation awards
or for determining the pro rata share of the Common Area appurte-
nant to each Living Unit;
(c) Partition or subdivide any Condominium;
(d) Seek, by act or omission, to abandon, partition,
subdivide, encumber, sell or transfer the Common Area; provided,
however, that the granting of easements for public utility or
other public purposes consistent with the uses of the Common Area
shall not be deemed a transfer within the meaning of this
provision;
(e) Use hazard insurance proceeds for losses to any
portion of the Condominium Property for other than the repair,
replacement or reconstruction of the Condominium Property, except
as may be provided by statute upon substantial loss to the Living
Units or Common Area, respectively; or
(f) Fail to maintain fire and extended coverage
insurance on the Common Area on a current replacement cost basis
in an amount less than one hundred percent (100%) of the insur-
able value thereof, based on current replacement cost.
-15-
Section 2, Any restoration or repair of the Project, after a
partial condemnation or damage due to an insurable hazard, shall
be performed substantially in accordance with original plans and
specifications, unless other action is approved by Eligible Mort-
gage Holders of first Mortgages on Condominiums which have at
least fifty-one percent (51%) of the votes of Condominiums sub-
ject to Eligible Mortgage Holders' Mortgages,
ARTICLE IX
DAMAGE, DESTRUCTION AND CONDEMNATION OF COMMON AREA
Section 1, If any portion of the Common Area is damaged or
destroyed by fire or other casualty, then:
(a) If the cost of repairing or rebuilding does not
exceed the amount of available insurance proceeds by more than
five percent (5%) of the budgeted gross expenses of the Corpora-
tion for the fiscal year during which the repairs or rebuilding
is necessitated, the Board shall thereupon contract to repair or
rebuild the damaged portions of the Common Area substantially in
accordance with the original plans and specifications therefor,
(b) If the cost of repairing or rebuilding exceeds the
amount of available insurance proceeds by more than five percent
(5%) of the budgeted gross expenses of the Corporation for the
fiscal year during which the repairs or rebuilding is necessi-
tated, and if the Owners holding in aggregate more than fifty
percent (50%) interest in the Common Area agree to the repair or
restoration of the Project, then the Board shall contract as
provided in (a) above,
(c) If said Owners do not so agree to the repair or
rebuilding of the Common Area, then each Owner (and his Mortga-
gee (s) as their respective interests shall then appear) shall be
entitled to receive that portion of insurance proceeds equal to
the proportion of the decrease in fair market value of his Condo-
minium as compared to the aggregate decrease in fair market
values of all the Condominiums caused by such damage or destruc-
tion. For purposes hereof, fair market value shall be determined
by an MAI appraiser selected by the Board and hired by and at the
expense of the Corporation. Should dispute arise as to the
distribution of insurance proceeds, the dispute shall be decided
by arbitration by the American Arbitration Association pursuant
to its Commercial Rules of Arbitration.
(d) Anything in the immediately preceding paragraph to
the contrary notwithstanding, the Board shall contract for such
repair or rebuilding of Common Area which consists of building(s)
containing Living Units (or portions thereof and/or improvements
-16-
thereto) if fifty percent (50%) or more of the Owners owning
Living Units in said building(s) agree to the repair or restora-
tion of said buildings.
(e) If a bid to repair or rebuild is accepted, the
Board shall levy a special assessment against each Condominium in
the proportion the Condominiums are assessed, pursuant to Section
2 of Article III of this Declaration, for purposes of raising
funds for the rebuilding or major repair of a portion of the
structural Common Area to make up any deficiency between the
total insurance proceeds and the contract price for such repair
and rebuilding, and such assessment and all insurance proceeds,
whether or not subject to liens of Mortgagees, shall be paid to
the account of the Corporation to be used for such rebuilding.
Section 2. If any portion of the Common Area is taken by
condemnation, eminent domain or any proceeding in lieu thereof,
and the award therefor is not apportioned among the Owners and
their Mortgagees, as their respective interests then appear, by
court judgment or by agreement between the condemning authority
and each of the affected Owners, then the Owners of the Common
Area, and their Mortgagees as their respective interests then
appear, shall be entitled to receive a distribution from the
award for such taking in the same proportion as insurance pro-
ceeds would be distributed pursuant to Subsection (c) of Section
1 above; provided, however, that should it be determined to
repair or rebuild any portion of the Common Area, such proceeds
shall be paid to the Corporation for that purpose in the same
manner and subject to the same terms, conditions and limitations
as are set forth above in Section 1 of this Article IX for re-
pairing damaged or destroyed portions of the Common Area. A
decision to repair or rebuild shall be made in the same manner
and subject to the same conditions and limitations as provided
above in Section 1 of this Article IX for determining whether to
rebuild or repair following damage or destruction.
Section 3. The Corporation shall obtain and continue in
effect the following insurance:
(a) A master fire insurance policy with glass coverage
and extended coverage endorsement for the full insurable value of
all of the improvements within the Project. "Improvements" means
and refers to the Common Area together with those appliances and
improvements located within the Living Units provided by Declar-
ant to the initial Owners of Condominiums and does not include
items not provided by Declarant. The form and content of such
policy must be satisfactory to all institutional first trust deed
lenders and shall meet the maximum standards of the various
institutional first trust deed lenders whose loan(s) encumber any
of the Condominiums.
-17-
(b) A public liability and property damage insurance
policy with cross liability endorsement, if available, insuring
the Corporation, any manager, the Declarant and the Owners
against liability incident to ownership or use of the Common
Area, The limits of such insurance shall not be less than
$1,000,000.00 covering all claims for death, personal injury and
property damage arising out of a single occurrence,
(c) If requested by Members of the Corporation who have
at least ten percent (10%) of the Corporation's voting power or
any first Mortgagee or any insurer or governmental guarantor of
any first Mortgage, a fidelity bond covering officers and
employees of the Corporation and employees of any manager or
managing agent, whether or not any such persons are compensated
for their services, naming the Corporation as obligee and written
in an amount equal to at least one hundred fifty percent (150%)
of the estimated annual operating expenses of the Corporation,
including reserves.
(d) Workers' compensation insurance covering any
employees of the Corporation.
Insurance premiums for the master policy shall be a common
expense to be included in the monthly assessments levied by the
Corporation. Each Owner shall be responsible to pay any deduct-
ible amount for any loss to his Condominium. Each Owner may
separately insure the improvements not covered by the master fire
insurance policy and personal property within his Condominium.
No Owner shall insure his Condominium in any manner which would
cause any diminution in insurance proceeds from the master pol-
icy. Should any Owner violate this provision he shall be respon-
sible to the Corporation for any such diminution.
ARTICLE X
DAMAGE, DESTRUCTION AND CONDEMNATION OF LIVING UNITS
Section 1, In the event of damage or destruction to any
Living Unit, the Owner thereof shall reconstruct the same as soon
as reasonably practicable and substantially in accord with the
original plans and specifications therefor; provided, however,
that any such Owner may, with the written consent of the Board,
reconstruct or repair the same pursuant to new or changed plans
and specifications. In the event the Board fails to approve
or disapprove such changed plans and specifications within sixty
(60) days of the receipt thereof, they shall be deemed to have
been approved.
Section 2, In the event of any taking of a Living Unit, the
Owner (and his Mortgagees as their interests may appear) of the
Living Unit shall be entitled to receive the award for such
-18-
taking and after acceptance thereof he and his Mortgagee shall be
divested of all further interest in the Condominium Property if
such Owner shall vacate his Living Unit as a result of such
taking. In such event said Owner shall grant his remaining
interest in the Common Area appurtenant to the Living Unit so
taken, if any, to the other Owners owning a fractional interest
in the same Common Area, such grant to be in proportion to the
fractional interest in the Common Area then owned by each.
ARTICLE XI
ENFORCEMENT
Section 1. The Corporation, Declarant or any Owner shall
have the right to enforce, by any proceeding at law or in equity,
all restrictions, conditions, covenants, reservations, liens and
charges now or hereafter imposed by this Declaration.
Section 2. Each Owner shall have a right of action against
the Corporation for any failure of the Corporation to comply with
the provisions hereof or of the Bylaws or Articles.
Section 3. Failure by the Corporation, Declarant or any
Owner to enforce any provision of this Declaration shall in no
event be deemed a waiver of the right to do so thereafter.
ARTICLE XII
GENERAL PROVISIONS
Section 1. Should any provision in this Declaration be void
or become invalid or unenforceable in law or equity by judgment
or court order, the remaining provisions hereof shall be and
remain in full force and effect.
Section 2. Except as may otherwise be stated in this Decla-
ration, during the period of time prior to conversion of the
Class B membership in the Corporation to Class A membership, this
Declaration may be amended at any time and from time to time by
an instrument in writing signed by seventy-five percent (75%) of
the voting power of each class of Members of the Corporation, any
which amendment shall become effective upon the recording thereof
with the Office of the County Recorder of San Diego County, Cali-
fornia. After conversion of the Class B membership in the Corpo-
ration to Class A membership, the Declaration may be amended at
any time and from time to time by an instrument in writing signed
by (i) fifty-one percent (51%) of the total voting power of the
Corporation, and (ii) at least fifty-one percent (51%) of the
total voting power of Members of the Corporation other than
Declarant. Anything herein stated to the contrary notwithstand-
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ing, no material amendment may be made to this Declaration with-
out the prior written consent of Eligible Mortgage Holders whose
Mortgages encumber fifty-one percent (51%) or more of the Condo-
miniums within the Condominium Property which are subject to
Eligible Mortgage Holder Mortgages. "Material amendment" shall
mean, for purposes of this Section 2, any amendments to provi-
sions of this Declaration governing any of the following
subjects:
(a) The fundamental purpose for which the Project was
created (such as a change from residential use to a different use).
(b) Assessments, assessment liens and subordination
thereof.
(c) The reserve for maintenance, repair and replacement
of the Common Area,
(d) Property maintenance and repair obligations,
(e) Casualty, liability insurance and fidelity bonds.
(f) Reconstruction in the event of damage or destruction.
(g) Rights to use the Common Area.
(h) Annexation.
(i) Voting.
(j) The percentage interest of the Owners in the
Common Area,
(k) Boundaries of any Living Unit,
(1) The interests in Exclusive Use Areas and other por-
tions of the Common Area.
(m) Leasing of Condominiums.
(n) Imposition of any right of first refusal or similar
restriction on the right of a Condominium Owner to sell, transfer
or otherwise convey his Condominium.
(o) Any provision which, by its terms, is specifically
for the benefit of first Mortgagees, or specifically confers
rights on first Mortgagees,
An Eligible Mortgage Holder who receives a written request to
approve amendments (including additions) who does not deliver or
-20-
mail to the requesting party a negative response within thirty
(30) days, shall be deemed to have approved such request.
Section 3. Each and all of these covenants, conditions and
restrictions shall terminate on December 31, 2030, after which
date they shall automatically be extended for successive periods
of ten (10) years unless the Owners have executed and recorded at
any time within six (6) months prior to December 31, 2030, or
within six (6) months prior to the end of any such ten (10) year
period, in the manner required for a conveyance of real property,
a writing in which it is agreed that said restrictions shall
terminate on December 31, 2030, or at the end of any such ten
(10) year period.
Section 4, Upon the approval in writing of the Corporation,
pursuant to two-thirds (2/3) of the voting power of each class of
Members of the Corporation, the Owner of any property who desires
to add it to the scheme of this Declaration and to subject it to
the jurisdiction of the Corporation, may file of record a Decla-
ration of Annexation, After conversion of the Class B membership
in the Corporation to Class A membership, the action herein
requiring membership approval shall require the vote or written
consent of (i) two-thirds (2/3) of the voting power of Members of
the Corporation, and (ii) two-thirds (2/3) or more of the voting
power of Members of the Corporation other than Declarant.
Section 5. In the event the Corporation, Declarant or any
Owner shall commence litigation to enforce any of the covenants,
conditions or restrictions herein contained, the prevailing party
in such litigation shall be entitled to costs of suit and such
attorney's fees as the Court may adjudge reasonable and proper.
The "prevailing party" shall be the party in whose favor a final
judgment is entered.
Section 6. The Owner of each Condominium is hereby granted
an easement over all adjoining Living Units and the Common Area
for the purpose of accommodating any minor encroachments due to
engineering errors, errors in original construction, settlement
or shifting of any building, or any other cause. There shall be
easements for the maintenance of said encroachments as long as
they shall exist, and the rights and obligations of Owners shall
not be altered in any way by said encroachments, settlement or
shifting; provided, however, that in no event shall an easement
for encroachment be created in favor of an Owner if said en-
croachment occurred due to the willful misconduct of any Owner.
In the event any portion of a structure on the Condominium Prop-
erty is partially or totally destroyed and then repaired or re-
built, each Owner agrees that minor encroachments over adjoining
Living Units or Common Area shall be easements for the mainte-
nance of said encroachments so long as they shall exist.
-21-
Section 7, In the event that the improvements to be in-
stalled by Declarant to the Common Area have not been completed
prior to the issuance by the California Department of Real Estate
of a Final Subdivision Public Report covering the Condominium
Property, and in the further event that the Corporation is the
obligee under a bond to secure performance by the Declarant to
complete such improvements, then if such improvements have not
been completed and a Notice of Completion filed within sixty (60)
days after the completion date specified in the Planned Construc-
tion Statement appended to the bond, the Board shall consider and
vote upon the question of whether or not to bring action to en-
force the obligations under the bond. If the Corporation has
given an extension in writing for the completion of any such im-
provement then the Board shall consider and vote on said ques-
tion if such improvements have not been completed and a Notice of
Completion filed within thirty (30) days after the expiration of
the extension period. In the event that the Board determines not
to take action to enforce the obligations secured by the bond, or
does not vote on the question as above provided, then, in either
such event, upon petition signed by Members representing not less
than five percent (5%) or more of the total voting power of the
Corporation, the Board shall call a special meeting of the Mem-
bers to consider the question of overriding the decision of the
Board or of requiring the Board to take action on the question of
enforcing the obligations secured by the bond. Said meeting of
Members shall be held not less than thirty-five (35) days nor
more forty-five (45) days following receipt of the petition. At
said meeting a vote of a majority of the voting power of the
Members, excluding the vote of Declarant, to take action to
enforce the obligations under the bond shall be deemed to be the
decision of the Corporation, and the Board shall thereafter
implement the decision by initiating and pursuing appropriate
action in the name of the Corporation.
Section 8. Declarant is undertaking the work of construc-
tion of residential Condominium dwellings. Common Area and inci-
dental improvements upon the Condominium Property. The comple-
tion of that work, and the sale, rental and other disposal of
said Condominium dwellings is essential to the establishment and
welfare of said Condominium Property as a residential community.
In order that said work may be completed and said Condominium
Property be established as a fully occupied residential community
as rapidly as possible, nothing in this Declaration shall be
understood or construed to:
(a) prevent Declarant, its contractors or subcontrac-
tors from doing on the Condominium Property whatever is reason-
ably necessary or advisable in connection with the completion of
said work; or
-22-
(b) Prevent Declarant or its representatives from
erecting, constructing and maintaining on any part or parts of
the Condominium Property, such structures as may be reasonable
and necessary for the conduct of its business of completing said
work and establishing said Condominium property as a residential
community; or
(c) Prevent Declarant from conducting on any part of
the Condominium Property its business of completing said work,
and of establishing a plan of Condominium ownership; or
(d) Prevent Declarant from maintaining such sign or
signs on any of the Condominium Property as may be necessary for
the sale, lease or disposition thereof; provided, however, that
the maintenance of any such sign shall not unreasonably interfere
with the use by any Owner of his Living Unit or the Common Area;
provided further. Declarant's rights under this Subparagraph (d)
shall terminate at such time as (i) ninety percent (90%) of the
Condominiums have been conveyed to purchasers, or (ii) three (3)
years after recordation of this Declaration, whichever first occurs,
So long as Declarant, its successors and assigns owns one or
more of the Condominiums established and described herein. De-
clarant, its successors and assigns shall be subject to the
provisions of this Declaration.
Section 9. Each Owner, tenant or occupant of a Condominium
shall comply with the provisions of this Declaration, the Bylaws,
decisions and resolutions of the Corporation or its duly author-
ized representative, as lawfully amended from time to time, and
failure to comply with any such provisions, decisions or resolu-
tions shall be grounds for an action to recover sums due for
damages or for injunctive relief.
Section 10. No breach of any provision of these covenants,
conditions and restrictions shall invalidate the lien of any
Mortgage made in good faith and for value, but all of said cove-
nants, conditions and restrictions shall be binding upon any
Owner whose title is derived through foreclosure sale, trustee's
sale or otherwise.
IN WITNESS WHEREOF, the undersigned, being Declarant herein,
has executed this instrument the day and year first hereinabove
written.
THE ANDEN GROUP
BY: MIDEN CORPORATION, general partner
By By
Title Title
-23-
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
On , before me, the undersigned, a
Notary Public in and for said State, personally appeared
, known to me to be the President, and , known to me to be
the Secretary of MIDEN CORPORATION, the cor-
poration that executed the within instrument and known to me to
be the persons who executed the within instrument on behalf of
said corporation, said corporation being known to me to be the
general partner of THE ANDEN GROUP, the general partnership that
executed the within instrument, and acknowledged to me that such
corporation executed the same as such general partner and that
such general partnership executed the same.
WITNESS my hand and official seal.
NOTARY PUBLIC
STAFF REPORT
DATE: May 27, 1981
TO: Planning Commission
FROM: Planning Department
SUBJECT: CT 81-12/CP-159/SDP 81-1, THE ANDEN GROUP - Request for
a 69 unit Tentative Tract Map, Condominium Permit and
Site Development Plan on property located on the
northeast corner of Alga Road and El Fuerte Street, La
Costa in the RD-M(Q) zone.
I. PROJECT DESCRIPTION AND PAST HISTORY
The applicant proposes to construct 10 buildings which will
provide a total of 69 dwelling units on a 4.5 acre irregularly
shaped parcel located as described above. The site consists of
a hill covered with low-lying native vegetation. The properties
to the west have been previously graded and a number of the lots
have been developed with single family residences. The
properties to the north, south and east are vacant at the
present time, however, tentative tract maps have been recently
approved on these properties. The property to the south will be
developed with large single family homes while the properties to
the east and north will be developed with duplexes, triplexes
and fourplexes.
As the Planning Commission will recall, a 300 unit residential
project was approved on the remainder portion of this property
(Meadowbrook). Approval of this project reserved the
southwesterly most lot as a potential ICQ unit condominium lot.
The applicant is now requesting a 69 unit condominium project on
this lot. The construction of these 69 units will set the
overall density of the Meadowbrook project at 7.3 dwelling units
per acre which is in conformance with the General Plan's
designation of 4-10 du/acre for this site.
II. ANALYSIS
Planning Issues
1. Does the project conform with the development standards
of the Condominium Ordinance?
2. Does the project conform with the design criteria of
the Condominium Ordinance?
III. DISCUSSION
Development Standards
The subject property is located on a hill which provides
excellent views in all directions. The project has been
designed so that all of the units will be able to take advantage
of these views. Each of the units will have a designated
parking space within a garage structure. Additional garage
parking will be available within buildings 6, 9 and 10. Open
parking will be available around the recreation area. Offsite
parking will be available along the property's frontage on Paseo
Prontera and along Xana Way. The applicant proposes to
construct an access stairway from the parking along Xana Way to
the project.
The required 480 cubic feet of storage will be provided by
storage closets on the balconies and adjacent to the parking
garages. Also, as proposed, this project will provide the
required 200 square feet of recreation area per unit required by
the Condominium Ordinance. As shown on Exhibit "B", the main
recreation area will be centrally located and consist of a
swimming pool, spa, barbeque and restroom facilities. A lawn
area adjacent to these facilities will provide additional
recreation area. Each of the units will be provided with a
balcony with a minimum dimension of six feet. As shown on
Exhibit A, trash enclosures will be conveniently located
throughout the project.
Design Criteria
As designed, staff feels the proposed project complies with the
design criteria of the Condominium Ordinance. In designing this
project, the applicant has paid special attention to the views
offered by this site. In addition, the proposed project has
been designed so that all of the buildings will be setback at
least 100 feet from Unicornio Street in an attempt to separate
the proposed condominiums from the existing single family homes.
The topography and the attempt to provide all of the units with
an attractive view has forced the applicant to make a number of
design tradeoffs.
The Commission will note that as designed the residents of the
project will be forced to cross a driveway to reach the main
recreation area. In an attempt to break-up the asphalt and
provide defined pedestrian crossing areas, the applicant has
proposed to add stamped bomanite at several locations.
As mentioned, the applicant has only provided one assigned,
covered parking space per unit. As shown on Exhibit "C", each
of these assigned parking spaces will be within 150 feet of the
unit it is assigned to. This plan also shows that there will be
twenty-five garage parking spaces that will not be assigned.
-2-
These spaces will be available to any homeowner who is willing to
pay for an extra covered parking space. The rest of the resident
and guest parking will consist of unassigned open parking spaces.
Ten of these 37 open parking spaces will be reserved for guest
parking while the remaining 4 7 parking spaces will be available
for resident parking. An additional seventeen parking spaces
will be available on the cul- de-sac in front of the project and
on Xana Way in front of the project. As shown on Exhibit "B",
the applicant proposes to construct an access stairway from the
parking on Xana Way to the dwelling units.
Staff had concerns about the proposed parking arrangement since
staff believes it is best to have two assigned parking spaces
for each unit in close proximity to the unit that the parking
serves. However, in this case, staff feels that the parking
arrangment is an acceptable design tradeoff for providing a
project in which all the units can have views. It would be
difficult for the applicant to provide all the resident parking
in close proximity to the units and to have all of the visitor
parking on-site and still construct a project in which all of
the units can take advantage of the views offered by the site.
The applicant has indicated to staff that he believes the
parking arrangement is adequate for the following reasons:
1) The applicant feels that a large percentage of the people
living in this project will be "empty-nesters" who will
only have one car per unit.
2) The applicant feels that there will be very few times when
all of the residents will be on the site at the same time,
utilizing all of the parking spaces.
The project has been designed to minimize impacts on adjacent
residences. The applicant had a meeting with the surrounding
homeowners and indicated to staff that proposed plans were
favorably reviewed at this meeting.
IV. ENVIRONMENTAL REVIEW
The Planning Director has determined that this project has
already been considered in conjunction with a previously
certified environmental document and therefore has issued a
notice of Prior Environmental Compliance dated April 22, 1981.
A copy of the prior environmental documents is on file in the
Planning Department.
-3-
V. RECOMMENDATION
It is recommended that the Planning Commission adopt Resolution
Nos: 1811 and 1812, recommending APPROVAL of CT 81-21/CP-159/SDP
81-1 to the City Council based on the findings and subject to
the conditions contained therein.
Attachments
1) PC Resolution No. 1811
2) PC Resolution No. 1812
3) Background Data Sheet
4) Location Map
5) Disclosure Form
6) Environmental Documents
7) Exhibits "A" - "K" dated, April 9, 1981
MH:ar
5/20/81
PACKGRgiND DATA SflF^ET
NO: CT 81-12/CP-\..^/SDP 81-1
APPLICANT: THE ANDEN GROUP
Pu::CJE5T AND IX.XL\T.ION: Tentative Tract Map and Condominium Permit and Site Dpvelnpmpnt
Plan to construct 69 units on the northeast corner of Alga Road and El Fuerte Street.
DESCRIFriON: A portion of Parcel 1 of Parcel Map No. 10179 filed June 1,
1979, in the Office of the County Recorder of San Diego.
Assessors Parcel Nvaber: - -
Acres ^'^ No. of Lots ^
GEiSIERAL PIAN AND ZONING
General Plan Land Use Designation RM
Density Alla.ved 4-10 Density Proposed 7.3 du/ac
Existing Zone RDM-Q Proposed Zone N/A
Surrounding Zoning and Land Use:
Zoning Land Use
North RDM-Q Vacant
South RDM-Q Vacant
East RDM-Q Vacant
We3t R-l SFD
Schocl Distxict
PUBLIC FACILITIES
San Marcos
Wsicer District ^an Marcos
Sever Distric San Marcos ^QU'S 69
Public Facilities Fee Agreement, dated March 5, 1981
(Other:
FiT\7:r.R0MMm''Ai. IMPACT ASSEssMosrr
_ Negative Declaration, issued Log Ko.
_ El.I.R. Certif-icd, dated
OLljer, Prior Compliance, April 22, 1981
LOCATION MAP
SUBJLCT
PIfOPEtfTY
CASE NO.£JLSihl2/cPl5<\ ^
APPUCANT THt AMPm GROUP (
If-aftar the- in forma tion you have subtni.tted )iay hocn reviewed, x'c xa UKUW
that furthfr inl'onnation is quired, you will be so aclvii;cd,^^
APPLICAIIT:
AGENT;
MEMBERS:'
THE ANDEN GROUP
Name {iriclividual, partjiersliii^, joint venture, corix>ration, .syndiodLioii)
16133 Ventura Blvd.
„„fec±n^^^_„9i436-„^. .
Busiiicsi; Addresi;
(213) 872-0384
TelepUone Wuuiber
HUNSAKER & ASSOCIATES, INC.
3001 Red Hill Avenue, Bidg. VI, Ste. 212
Costa Mesa, CA 92626
(7I4j-754-1011
'elej[/tiOue lioi.iLer
Name (individual, partner, joint '
veaturt-, corporation, rjyndication)
16133 Ventura Blvd., Encino, CA 91436
Home Addre:J£.
(213) 872-0384
TeJcpJioijij lJujiibcr Te 1 ho J! e ti at.i:.)v r
Jloine 2idd/:e:j^,
Busiiiiess Addre&i
Telephone liurtibex Tolejihcne Ijunibor
(Ai.Lacli jiioro sheets if nece^•^^;ry)
I/Wc declare under penalty of perjury that tlte infonsiation contained in thif: di::-.
closure ii; true and correct and that it will rt.-main true and correct- and may be
relied upon as being true and correct until amended.
THE ANDEN GROUP
ipj j,.cant._-
Ayent, OwnerV P<'n.tuei
DEVELOPMENTAL
SERVICES
• Assistant City Manager
(714) 438-5596
• Building Department
(714) 438^25
• Engineering Department
(714) 438*141
• Housing & Redevelopment Department
(714)438-5611
• Pianning Department
(714) 438-5991
1200 ELM AVENUE
CARLSBAD, CALIFORNtA 92008
Cit? of Carl^bab
PUBLIC NOTICE OP PRIOR 3NVIR01TMENTAL COMPLIANCE
Please take Notice:
The Planning Department has deternined that the environmental
effects of the project described below have already been con-
sidered in conjunction with previously certified environmental
documents and, therefore, no additional environmental review
will be required and a notice of determination will be filed.
Project Title: CT 81-12/CP-15(A)/SDP 81-1
Project Location: Northeast corner of Alga Road and El Fuerte
Street.
Project Description: Construction of 10 buildings which will
accomodate 69 condominiums on a 4-5 acre parcel. Construction
of the proposed project will require approximately 46,330 cubic
yards of grading.
Justification for this determination is on file in the Planning
Department, City Hall, 1200 Elm Avenue, Carlsbad, CA. Comments
from the public are invited. Please submit comments in writing
to the Planning Department within ten (10) days of date of
publication.
Dated: April 20, 1 981 s
Case No: CT 81-12/CP-l5(A)/
SDP 81-1
Applicant: THE ANDEN GROUP
Publish Date: April 22, 1981
^JAMES C. HAGAMAr
Planning Direoxor
City of Carlsbad
FEE $100.00 ^ /
RECEIPT NO: /d/l V>
ENVIRONMENTAL IMPACT ASSESSNENT FORM - Part I /^'^^
(To be Convicted by APPLICANT)
CASE NO:
DATE:
Applicant: The Anden Group
Address o£ Applicant: 16133 Ventura Blvd.
Encino, CA 91436
Phone Number: (213) 872-0384
Name, address and phone number of person to be contacted (if other than Applicant)
Raymond M. Buckley 3001 Red Hill Ave.
Hun-saker & Associates, Inc.,Bidg.VI, Ste. 212, Costa Mesa, CA 92626
GENERAL INFORMATION:
Description of Project: 69 condominium units with the required parking and
open/recreation areas.
Project Location/Address: The site is located in the City of Carlsbad at the
northeast corner of Alga Road and El Fuerte.
Assessor Parcel Number: 222 - 012 - 04 05
Zone of Subject Property: RDM-Q
Proposed Use of Site: 69 residential condominiums with recreation area and
parking facilities.
-—— '• r
List all other applicable applications related to this project:
Tentative Tract Map, Condominium Permit and Site Development Plan. An Environmental
Impact Report was prepared for the La Costa Meadowbrook project (CT. 80-25). The
existinq environmental conditions for this project has been described in that
document.
ND 1
EIR 1
2. Describe the activity area, including distinguishing
natural and manmade characteristics; also provide precise
slope analysis when appropriate.
Elevations of the site range from 510' aboye sea level in the north-
westerly corner to approximately 575' above sea level in the southeast-
erly corner J- The natural topography of the "area has been modified by
grading activities during the construction of adjacent streets and
housing developments. " . .
3i. Describe energy conservation measures incorporated into
the design and/or operation of the project. (For a more
specific discussion of' energy conservation requirements
see of the City's EIR Guidelines).
Extensive use of reclaimed water from the San Marcos Water District is
. to be used to irrigate common open space areas. In addition, water
saving devices will be installed and the units will be insulated per
state and federal energy codes. The extensive use of drought resistant
plants will also be incorporated into the landscaping design.
4. If residential, include the number of units, schedule of
unit sizes, range of sale prices or rents, and type of
household size expected.
The proposed project will consist of 69 condominium units with a
recreation area and parking facilities. The unit sizes and mix are
as follows: pun A 27 units -IOTOSF "
Plan B 14 units 1107 SF
Pits 6. ^iiiRiii mil} •
5. If commercial, indicate the type, whether neighborhood,
city or regionally oriented, square footage of sales area,
. c.id loading facilities.
Not Applicable.
6. If industrial, indicate type, estimated employment per
shift, and loading facilities.
Not Applicable.' ' '
7. If institutional, indicate the major function, estimated
employment per shift, estimated occupancy, loading
facilities, and community benefits to be derived from the
project.
Not Applicable. " .
I. SNVIROMMgNTAL IMPACT ANALYSIS
Answer the follov^ing questions by placing a check in the
appropriate space. (Discuss all items checked yes. Attach
additional sheets as necessary)..
YES NO
1) Could the project significantly change present
'land uses in the vicinity of the activity?
2) Could the activity affect the use of a rec-
reational area, or area of important •
aesthetic value?
3) Could the activity affect the functioning of
an established community or neighborhood?
4) Could the activity result in the displacement
• of community residents?
5) Could the activity increase the number of low
•and moderate cost housing units in the city?
6) Could tho activity decrease the number of low
and modest cost housing units in the city?
7) Are any of the natural or man-made features
in the activity area unique, that is, net'
found in other parts of the County, State,
or Nation?
8) Could the activity significantly affect a
historical or archaeological site or its
settings?
9) Could the activity significantly affect the
potential use, extraction, or conservation
of a scarce natural resource?
10) Does the activity Srea serve as a habitkt,
food source nesting place, source of water,
etc. for rare or endangered wildlife on fish
species?
11) Could the activity significantly affect fish,
wildlife or plant life?
•12) Are there any rare or endangered plant
species in the activity area?
13) Could the activity change existing features
of any of the city's lagoons, bays, or
tidelands?
14) Could the activity change existing features of
any of the city's beaches?
15) Could the activity result in the erosion or
elimination of agricultural lands?
16) Could the activity serve to encourage develop-
ment of presently undeveloped areas or intesify
development of already developed areas?
17). Will the activity require a variance from
established environmental standards (air, water,
noise, etc)? •
18) Will the activity require certification,
authorization or issuance of a permit by any
local, state cr federal environmental control
agency?
19) Will the activity require issuance of a
variance or conditional use permit by the city?
20) Will the activity involve the application, use,
or disposal of potentially hazardous materials?
21) . Will the activity involve construction of
facilities in a flood plain?
22) V7ill the activity involve construction of
facilities on a slope of 25 percent or greater?
23) Will the activity involve construction of
facilities in the area of an active fault?
24) ' Could the activity result in the generation
. of significant amounts of noise?
25) Could the activity result in the generation
of significant amounts of dust?
26) Will the activity involve the burning of brush,
trees, or other ma*terials?
27) Could the activity result in a significant
change in the quality of any portion of the
region's air or water resources? (Should note,
surface, ground water, off-shore).
28) Will the project substantially increase fuel
consumption (electricity, oil, natural gas,
etc.)?
29) Will there be a significant change to existing
land form?
V,,
(a) indicate estim.ated grading to be done in
cubic yards rut - 24;250 CY
fill - 46,330 CY • .
(b) percentage of alteration to the present
land form . 95%
(c) maximum height of cut or fill slopes
• • .40 :
30) Will the activity result in substantial increases
in the use of utilities, sewers, drains, or
streets? X
31) Is the activity carried out as part of a larger"
project, or series of projects? ^
12) The site has previously been examined as a part of the La Costa Meadowbrook
project (CT. 80-25). The Environmental'Impact Rep.ort identified two rare
plant species in the area - Mesa Clubmoss (Selaginella cinerascens) and
Adolphia (Adolphia califomica). The conclusion was that the loss of these
. plants from the Meadowbrook property would not be regionally significant.
29) The proposed project will be graded in conjunction with La Costa Meadowbrook
(CT. 80-25). A majority of the site will he graded. Previously the
profierty had been used as a borrow site during the construction of the
adjacent roads and housing tracts.
30) Development of the La Costa Meadowridge property as a residential condo-
minium community will require the committment of public utilities and
services including power, water, sewer, streets, schools, fire and police
protection. This development was included-in the La Costa Master Plan and
General Plan Amendment (La Costa Master Plan EIR), certified by the
Carlsbad City Council on April "27, 1976. The necessary committment of
public utilities and services are addressed in.that document. Development
of the Meadowridge property should not create an inordinate demand on
planned public utility and service facilities.
31) The site will be graded as a part of the adjacent La Costa Meadowbrook
(CT. 30-25). The necessary• infrastructer will be included in the
construction for CT. 80-25. The density determiniation is based upon
the overall La Costa Meadowbrook project.
II. STATEMENT OF NON-SIGNIFICANT ENVIRONMENTAL EFFECTS
If you have answered yes to one or more of the questions
in Section I but you think the activity will have no
significant environmental effects, indicate your reasons
below:
See explanation for each item listed.
III. COMMENTS OR ELABORATIONS TO ANY OF THE QUESTIONS IN SECTION I
(If additional space is needed for answering any questions
attach additional sheets as may be needed).
Signa tur-?
3001 Red Hill, Bidg. VI, STe 212
Costa Mesa, CA 92626
Date Signed March 30. 1981 '
i '
O+y of Carlsbad
Planning Commission
^•^••6i~ i^//s^
Cam No. .^^^JLU-
ExhiWf No. —D
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CMy of Carlsbad
Planning Comniission
MeadowRidge
Casfi No. fsi>jMl:±
Date ^'
THE ANDEN GROUP BUZARD /HENNING & ASSOCIATES
developer architecture planning.
."lb". comBG
MeadowRidge
City of Carlsbad
Planning Commission :\
Caw No.
ExhiWf No .....
\././L..Ri... Date
1
-1
THE ANDEN GROUP BUZARD/HENNING ^ ASSOCIATES
developer architecture planning
City of C - .-T
PlamJag C m - . on
^^:xkib» NdL
MeadowRidge! f
THE ANDEN GROUP BUZARD/HENNING & ASSOCIATES
developer architecture planning.
\
MeadowRidge
Clfy of Carlsbad
Planning Commission
C«» No. ,^^:.a:LL
EAtbft No.
Date • •iLl.l-f?/
THE ANDjEN GROUP BUZARD /HENNING & ASSOCIATES
developer architecture planning.
DEVELOPMENTAL
SERVICES
• Assistant City Manager
(714) 438-5596
• Building Department
(714) 438-5525
• Engineering Department
(714) 438-5541
• Housing & Redevelopment Department
3096 Harding St.
(714)438-5611
• Planning Department
(714) 438-5591
1200 ELM AVENUE
CARLSBAD, CALIFORNIA 92008
Citp of Carlsfbab
County Clerk
County of San Diego
Attn: Mail Drop C-11
220 West Broadway
San Diego, CA 92101
NOTICE OF DETERMINATION
This is to advise that the City of Carlsbad on February 8, 1982,
approved the following project:
Project Description: Approximately 4225 cubic yards of grading for
the construction of a 69 unit condoninium project.
Project Address/Location: Northeast corner of Alga Road and El
Fuerte Street.
The City made the following determination regarding the environmental
impact of the above described project:
1. The Project went through prior environmental review or was part
of a larger project vAiich went through prior envircannental
review.
A copy of the Negative Declaration with su^wrting document is
available for public review at the Planning Department, City Hall,
1200 Elm Avenue, Carlsbad, CA 92008. ^ ,
DATE: February 9, 1982 ^^/>'f^^^--(<^Z.^
CASE NO: CT 81-12/CP-159
APPLICANT: MEADCW RIDGE
JAMES C. HAGAMAN
Planning Director
DEVELOPMENTAL
SERVICES
• Assistant City Manager
(714) 438-5596
• Building Department
(714) 438-5525
• Engineering Department
(714) 438-5541
n Housing & Redevelopment Department
3096 Harding St.
(714)438-5611
• Planning Department
(714) 438-5591
1200 ELM AVENUE
CARLSBAD, CALIFORNIA 92008
€itp of tavMats
PUBLIC NOTICE OF PRIOR ENVIRONMENTAL COMPLIANCE
Please Take Nbtice:
The Planning Department has detennined that the environmental effects
of the project described below have already been considered in
conjunction with previously certified environmental documents and,
therefore, no additional environmental review will be required and a
notice of detennination will be filed.
Project Title: CT 81-12/CP-l59 (Meadow Ridge)
Project Location: Northeast corner of Alga Road and El Fuerte Street
Project Description: i^proximately 4225 cubic yards of grading for
the construction of a 69 unit condominium project.
Justification for this detennination is on file in the Planning
Department, City Hall, 1200 Elm Avenue, Carlsbad, CA. Coranents fron
the public are invited. Please submit coranents in writing to the
Planning Department within ten (10) days of date of publication.
Dated: January 22, 1982
Case No: CT 81-12/CP-l59
Applicant: MEADOW RIDGE
Publish Date: January 27, 1982
JAMES C. HAGAMAN
Planning Director
PC 1
Carlsbad Journal
Decreed a Legal Newspaper by the Superior Court of San Diego County
31 38 ROOSEVELT ST. • P.O. BOX 248 • CARLSBAD, CA 92008 • 729-2345
Proof of Publication
STATE OF CALIFORNIA, 55
COUNTY OF SAN DIEGO,
I am a citizen of the United States and a resident of the county aforesaid;
I am over the age of eighteen years, and not a party to or interested in the above entitled matter.
I am principal clerk of the printer of the Carlsbad Joumal a newspaper of general circulation,
published twice weekly in the City of Carlsbad, County of Son Diego, State of California, and which
newspaper is published for the dissemination of local news and intelligence of a general character, and
which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying
subscribers, and which newspaper has been established and published at regular intervals in the said
City of Carlsbad, County of San Diego, State of California, for a period exceeding one year
next preceding the date of publication of the
notice hereinafter referred to; and that the notice
of which the annexed is a printed copy, has been
published in each regular and entire issue of said
newspaper and not in any supplement thereof on
the following dates, to-wit:
PUBLIC NOTICE OF
PRIOR
ENVIRONMENTAL
COMPLIANCE
PLEASE TAKE NOTICE: The
Planning Department has deter-
mined that the environmental
effects of the project described be-
low have already been considered
in conjunction with previously cer-
tified environmental documents
and, therefore, no additional en-
vironmental review will be re-
quired and a notice of determina-
tion will be filed.
Project Title: CT 81-12/CP-159
(Meadow Ridge).
Project Location: Northeast cor-
ner of Alga Road and El Fuerte
Street.
Project Description: Approx-
imately 4225 cubic yards of grading
for the construction of a 69 unit con-
dominium project.
Justirication for this determina-
tion is on flie in the Planning De-
partment, City Hall, 1200 Elm Ave-
nue, Carlsbad CA. Comments from
the public are invited. Please sub-
mit comments in writing to the
Planning Department within ten
(10) days of date of publication.
Dated: January 22,1982
Case No.: CT 81-12/CP-159
Applicant: MEADOW RIDGE
JAMES C. HAGAMAN
Planning Director
CJ W271: January 27,1982
January 27 ^^82
19...
19
19,
19
I certify under penalty of perjury that the foregoing is true
and correct. Executed at Carlsbad, County of San Diego,
State of California on the 27th
day of January 1982
V
1 M-10/81 Clerk of trie Printer
-A^f.O
''*mA
DEVELOPMENTAL
SERVICES
• Assistant City Manager
(714)438-5590
• Building Department
(714) 438-5525
• Engineering Department
(714) 438a541
• Housing & Redevaiopment Department
(714)438-5611
• Pianning Department
(714)4384591
1200 ELM AVENUE
CARLSBAD, CALIFORNIA 92008
Citp of Carlifbati
PUBLIC NOTICE OF PRIOR ENVIRONMENTAL COMPLIANCE
Please take Notice;
The Planning Department has determined that the environmental
effects of the project described below have already been con-
sidered in conjunction with previously certified environmental
documents and, therefore, no additional environmental review
will be required and a notice of determination will be filed.
Project Title: CT 81-12/CP-15(A)/SDP 81-1
Project Location: Northeast corner of Alga Road and El Fuerte
Street.
Project Description: Construction of 10 buildings which will
accomodate 69 condominiums on a 4.5 acre parcel. Construction
of the proposed project will require approximately 46,330 cubic
yards of grading.
Justification for this determination is on file in the Planning
Department, City Hall, 1200 Elm Avenue, Carlsbad, CA. Comments
from the public are invited. Please submit comments in writing
to the Planning Department within ten (10) days of date of
publication-
Dated: April 20, 1981s
Case No: CT 81-12/CP-l5(A)/
SDP 81-1
Applicant: THE ANDEN GROUP
Publish Date: April 22, 1981
-7/
'JAMES C. HAGAMAir
Planning Director
City of Carlsbad
o
C)
Figure 1. The location of the proposed project relative to the County of San Diego
is indicated above.
o
^^//::>^:fl::
/OpO ZOpOFt. Y
M.
Fiaure 2. Project location relative to its surrounding
environs is indicated above, based on U.S.G.S. 7.5-ininute
series of topographic maps, Rancho Santa Fe Quadrangle.
Tentative Map Of LaCosta Meadowbrook CT
L'Mlf $Ck i -MAP <fia \ \
^ A/-
/^
SITE PLAN
ENVIRONMENTAL IMPACT ASSESSMENT FO!^
II. Environmental Impact Analysis .
Answer the follovn'ng questions by placing a check in the appropriate
space.
Yes No
1. Could the project significantly change present land uses
in the vicinity of the activity?
2. Could the activity affect the use of a recreational
area, or area of important aesthetic value?
5. Are any of the natural pr'man-made features in the activity
. area unique, that is, ^lot found in other parts of the
County, State, or nation? . • • .
6. Could the activity significantly affect a historical or
. archaelogical site or its setting? .
^* Could the activity significantly affect the potential
use, extraction, or conservation of a scarce natural res-
ource?
• • • •
8. Does the activity area serve as a habitat, food source
nesting place, source of water, etc. for rare or endangered
wildlife or* fish species?
9. Could the activity significantly affect fish,^wildlife or
plant life? .
10. Are there any rare or endangered plant species in the
activity area? .
n. Could the activity change existing features of any.of
the city's lagoons, bays, or tidelands?-
12. Could the activity change existing features of any of
the City's beaches?
3. • Could the activity affect the functioning of an
established community or neighborhood? x_
4. Could the activity result in the displacement of
community residents? ^
13. Could the activity result in the erosion or elimination
of .agricultural lands?
14. Could the- act-^ ::ty serve to encourage development of
.presently unclsv:loped areas or intensify development
of already developed areas? ' !L
FORM 44, Page 2 of 4
• f t . * Jf " f 'cs Ho
15. _ Win the activity require, a variance from established environmental
standards (air, water, noise, etc)? . . " ' ^
16. V/ill the activity require certification, authorization or issuance
of a permit by any. local. State or Federal environmental control
agency? ' x
19. Will the activity Involve construction of facilities In a flood
•plain?
20. Will the activity involve construction of facilities on a slope of
25 percent or greater? . • .
21. Will the activity Involve construction of facilities in the
area of an active fault?
• • * • / ' •
22. Could the activity result in the generation of s'ignificant
. amounts of noise?
23. Could the activity result'in the generation of significant
amounts of dust?
25. Could the activity result in a significant change in the
Quality of any portion of the region's air or water resources?
(Should note surface, ground water, off-shore).
26. Will there be a significant change to existing land form?
17. Will the activity require issuance of a variance or conditional
use permit by the City? • • x_
18. Will the activity Involve the application, use, or disposal of .
potentially hazardous materials? 2 —
24. Will the activity involve the burning of brush, trees, or • *
other materials? • ' . " ' • x
(a) indicate estimated grading to be done in cubic yards. 400,000
. (b) percentage of alteration to the present land form.95 percent of the site
will be graded.
(c) maximum height of cut or fill slopes. 30 feet
27. Will the activity result in substantial Increases in the use of utilities,
sev/ers, drains or streets? ^
III. State of No Significant Trvironmontal Effects
If you have answered yes to one or more of the questions in Section II but you
think the activity will have no significant environmental effects, indicate your
reasons below: see page 3a.
FORiM 44, Page 3 of 4
-3a-
III. Statement of No Significant Environmental Effects. Four
questions have been checked "yes" in Section II, each of which is
discussed briefly below.
6. A significant archaeological site is located along the
northern boundary of the Meadowbrook project, just outside of the
property line. The grading plans included in the tentative map in-
dicate that this cultural resource would be directly impacted by the
proposed earthwork. If preservation and avoidance of this archae-
ology site are not feasible, the potential impacts to the cultural
record can be readily mitigated as outlined in the attached archae-
ology report (Section IV.C).
10. Two rare plant species were noted in the Meadowbrook
property. Mesa Clubmoss (Selaginella cinerascens) and Adolphia
(Adolphia califomica). Both of these species are common in Baja
California, however, and have a low potential for extinction. Neither
population present on the subject property represents a significant
portion of the species' distribution. The loss of these plants from
the Meadowbrook property cannot be considered regionally significant
(Section IV.D.).
26. The preliminary grading plan indicates that the majority
of the site will be graded and the existing topography will be sub-
stantially modified. The existing topography does not represent natu-
ral grade, however; the Meadowbrook site has been used extensively
as a borrow area and has been substantially affected by grading during
construction of nearby roads and housing tracts. Thus, the property
as it exists today is in a very disturbed state, and the landform mod-
ificatios proposed for the Meadowbrook development would not result
in an adverse environmental impact.
27. Development of the Meadowbrook property as a residential
neighborhood will require the committment of public utilities and
services, including power, water, sewer, streets, schools, and fire
and police protection. The Meadowbrook development was included in
the property addressed in the Final Environmental Impact Report for
the La Costa Master Plan and General Plan Amendment (La Costa master
plan EIR), certified by the Carlsbad City Council on April 27, 1976.
The necessary committment of public utilities and services are ad-
dressed in that document. The currently proposed Meadowbrook develop-
ment is in conformance with the housing densities described in the La
Costa master plan existing at the time of certification of the EIR
and with the City of Carlsbad's general plan. Development of the
Meadowbrook property will not create an inordinate demand on planned
public utility and service facilities.
IV. ADDITIONAL INFORMATION
INTRODUCTION
The Final Environmental Impact Report for the La Costa
Master Plan and General Plan Amendment (La Cpsta master plan
EIR) was approved by the City of Carlsbad Planning Commission
on March 31, 1976, and certified by the City of Carlsbad City
Council on April 27, 1976. At the time of that report, the
Meadowbrook development was included in the La Costa master plan
area. Although the property has since been rezoned and is no
longer officially within the La Costa planned community, the
currently proposed Meadowbrook development is in conformance with
the La Costa master plan addressed in the certified EIR, and the
La Costa master plan EIR still serves as a master environmental
impact report for the area covered.
The mitigation measures adopted with the certification of
the La Costa master pla:^ EIR require that supplemental environ-
mental information be submitted to the City of Carlsbad prior to
tentative map approval. Specifically, the certified EIR requires
that the following information be provided:
1. Detailed geology and soils investigations
2. Detailed archaeological investigations
3. Detailed biological surveys
4. Mitigation measures and alternatives for all areas
which have significant resources
5. A discussion of impacts attributable to the individ-
ual developments which have not been adequately
assessed in the master plan EIR.
Points 1 through 3, above, are provided herein as sec-
tions B, C, and D of this report.
The Meadowbrook property does not contain any unique or
significant resources. Thus, point 4, listed above, need not
be discussed.
The only feature of the proposed Meadowbrook development
that was not addressed in the master plan EIR (point 4) is the
planned use of reclaimed water for landscape irrigation within
the Meadowbrook project. Subsequent to certification of the
La Costa master plan EIR, the La Costa Land Company proposed a
wastewater reclamation project for La Costa Northeast. This
project involves reactivating and expanding the San Marcos County
Water District (SMCWD) sewage treatment plant and using the
treated effluent for landscape irrigation within La Costa North-
east, including the Meadowbrook property. The Environmental
Impact Report for the SMCWD Wastewater Reclamation Project,
which identified potential impacts and mitigation measures for
the proposed project, was certified by the SMCWD on January 15,
1979. The specific mitigation measures presented in that EIR
have been incorporated into the Waste Discharge Requirements
for the SMCWD Wastewater Reclamation Project Near San Marcos
Creek (California Water Quality Control Board 1979) and shall
be irnp lemen ted.
A
B. GEOLOGY AND SOILS
1. Existing Conditions. The project site is predomi-
nantly underlain by sedimentary strata of Eocene age. These
rocks abut metamorphosed volcanic and volcaniclastic material
of the older Jurasic age in the southwestern corner of the
property. Granitic material of Cretaceous age occurs immedi-
ately south of the property and presumably underlies the Eocene
strata on the property (Eberhart-Axten and Associates 1980:3).
Specifically, the metamorphosed rocks are assigned
to the Santiago Peak Formation (Jsp) and are considered to be
among the oldest rocks found in the county. Kennedy and Peterson
(1975:14) describe the formation as being highly to moderately
metamorphosed volcanic and volcaniclastic rocks. The formation
is generally competent but may include a number of fracture zones
which are commonly associated with water seeps and drainageways
(Nobel, Palomar College, 8/17/79).
The granitic (Kgr) rocks that ,occur immediately south
of the property are considered to be a part of the Southern Cali-
fornia Batholith of the Cretaceous age. These rocks probably
underlie the younger Eocene rocks on the property (Eberhart-Axten
and Associates 19 80:3). Granitic outcrops are considered to be
competent, but like the Santiago Peak Volcanics, are subject to
fracturing which then can be associated with water seeps (Nobel,
Palomar College, 8/17/79).
Abutting the Santiago Peak Volcanics and overlying
the granitic material is the Del Mar Formation which has been
assigned to the Eocene age. The Del Mar Formation has been mapped
over the majority of the subject property. The presence of fos-
silized oyster beds (Ostrea idriaencis Gabb) and associated
mollusks indicate the^formation is probably of lagoonal origin
(Kennedy and Peterson 1975:16).
The Del Mar Formation has a regional dip of zero to
five degrees westward. Eberhart-Axten and Associates (1980:map)
indicate dips in the bedding planes up to 21 degrees indicating
localized folding. Bedding plane faulting was observed on the
subject property with remoulded clays within the faulting zones.
"Minor" amounts of oblique slippage were also observed on the
site (Eberhart-Axten and Associates 19 80:3).
Even though the permanent ground water table is "at
considerable depth," it is likely that perched water conditions
may be encountered (Eberhart-Axten and Associates 1980:4).
No active faults were observed on the subject prop-
erty. However, the proximity of the site to active faults in
,^>o%,, ^^^^
Southern California makes it reasonable to assume that the prop-
erty may undergo ground shaking. The closest active fault sys-
tem is the Newport Inglewood/Rose Canyon Fault System, which
occurs approximately 20 miles west of the subject property at
its closest point; the Elsinore Fault lies approximately 40
miles east of the property and has been most recently active.
The soil units that have been identified on the
property are Altamont clay and Huerhuero loam (USDA 1973)
(Figure 4). The soils are not considered to be prime agricul-
tural soils; Storie Index ranges from 32 to 41 with capability
groups ranging from II to VI (Table 1). All of the soil units
are described as having severe shrink-swell characteristics (30
to 40 percent mixed or montmorillonitic clays and 0.06 to 0.08
extensibility coefficient) and slight to severe erosional
characteristics.
Based upon a review of Geology and Mineral Resources
of San Diego County, California, County Report Number 3, pre-
pared by the California^'Division of Mines and Geology (Weber
19 63), there appear to be no commercial mineral or aggregate
sources on the property.
2. Impacts. The Del Mar Formation has been historically
associated with landslide activity. This is due to the fact that
bedding within the formation is well graded and defined. This
characteristic leads to the tendency for beds to separate and,
in the presence of water, move with respect to each other. Eber-
hart-Axten and Associates (1980:3) have noted the presence of
such slippage. This in conjunction with localized steeply dip-
ping beds indicates a potential for hazardous geologic conditions.
The United States Department of Agriculture (USDA
19 73:map) indicates that all of the identified soils on the sub-
ject property are highly expansive and could offer severe re-
straints for construction. The erosion potential is variable,
depending primarily on the slopes.
3. Mitigation. Eberhart-Axten and Associates (19 80:5-6)
indicate that stabilization may require buttressing, shear keys,
or "other alternative methods." Perched ground water may require
special drainage devices. Compressible and collapsible soils
may require removal entirely. Expansive soils "will require
reinforcing depending on the amount of expansion." Erosion con-
trol would include slopes no steeper than 2:1, proper planting
subsequent to grading, use of cohesive material for slope con-
struction, and "provisions for adequate surface drainage."
The final determination for mitigating measures will
be developed through the preparation of the final soil and geo-
logic study, and on-site inspection of the materials during the
TABLE 1
SELECTED CHARACTERISTICS OF THE SOILS FOUND ON THE PROJECT SITE
Mapping
Symbol
Ate
HrC
HrE2
Mapping Unit
Altmont clay, 5 to 9 percent slopes
Huerhuero loam, 2 to 9 percent slopes
Huerheuro loam, 15 to 30 percent slopes, eroded
Capability Storie Shrink- ^
Groupl Index2 Swell3 Erodibility
II
III
VI
41 Severe
41 Severe
32 Severe
Slight
Severe
Severe
O
Source: U.S.D.A. 1973. Soil Stirvey: San Diego Area, California. Soil Conservation Service,
December. ~~~~~ ' ^
"'•Refer to Capability Group; Appendix A, for interpretation.
^Refer to Storie Index, Appendix A, for interpretation.
Refer to Table A-1, Appendix A, for interpretation.
'^Refer to Table A-2, Appendix A, for interpretation.
O
'(mm
REC0N y '
O /OOO ZOpOFt.
I I 7>i i> Z^O •'iOO 600M. v
LEGEND
Huerohuero loam, 5 to 9 percent slopes @ Altmont Clay
Huerohuero loam, 15 to 30 percent slopes
Figure 4. Approximate location of soils identified on the
subject property is indicated above.
grading process. Recommendations of the final soils and geologic
report should be incorporated as conditions of approval for the
grading permit.
C. CULTURAL RESOURCES
The brief addressment of existing conditions, impacts,
and mitigation measures is abstracted from the more detailed
analysis included as Appendix B.
1. Existing Conditions. No cultural resources are
known to exist within the La Costa Meadowbrook Carlsbad Tract
project area. This has been determined on the basis of prior
surveys conducted by RECON, notably that of Kaldenberg (1976).
An important prehistoric midden site, SDM-W-915, is adjacent to
the Meadowbrook area (Figure 5). The location of this site and
the nature of Meadowbrook-related adverse impacts to it necessi-
tate treating SDM-W-915 as a resource threatened with destruc-
tion, in much the same manner as if it were located within the
Meadowbrook area.
SDM-W-915 is situated immediately north of the Meadow-
brook boundary and falls entirely within the proposed Rancho
Carrillo Planned Community. The site is located in the Northwest
Quarter of the Southeast Quarter of Section 19, Township 12 South,
Range 3 West, San Bernardino Base Meridian. It rests on top of
a northeast-southwest trending ridge, the southern portion of
which was long ago removed by grading. A cut bank exists on the
southern border of SDM-W-915, where a sizeable portion of the
original cultural resource locus was removed. The cross-sectioned
midden is revealed in this cut.
Knowledge of SDM-W-915 comes from three sources. Two
are reports (Kaldenberg 1976 and Bull 1976) and the third source
is an intensive surface examination-conducted by M. Jay Hatley
on April 15, 1980. Surface area is on the order of 4,000 square
meters (see Figure 5), but natural soil overburden, vegetation,
and other minor prior surface impacts preclude definitive areal
determination without -subsurface testing. The midden's depth is
approximately 50 centimeters in the cut, which reveals a 70-meter
wide profile of the site.
Relatively favorable conditions of preservation at
the midden suggest a possibility that shell, osteological, plant
macrofossil, and plant microfossil data may be obtainable in
large enough quantity to permit sophisticated reconstruction of
prehistoric climates, biological environments, and human diets.
Characteristics of the lithic artifact materials and the site's
geographical location present a possible avenue for research
addressment of prehistoric trade and other social phenomenon.
Vandalism is thought to have occurred at SDM-W-915
in the five years since its initial discovery. Relatively minor
surface impacts from off-road vehicle use continue. Erosion
ARPROXIM^TE BOUNDARY OF
AJ^CHAEOLO6X^SITE\SDM-W-9I AREA TO BE GRADED
Figure 5. The approximate dimensions of prehistoric midden site SDM-W-915, which lies entirely
outside the La Costa Meadowbrook project and entirely within the Rancho Carrillo Planned Community,
are indicated above.
of the midden at the lip of the graded cut continues and has
already created a small bench where the midden's base rests
upon more resistant sandstone.
2. Impacts. As shown in Figure 5, which is based on
the La Costa Meadowbrook Carlsbad Tract tentative map, grading
associated with the Meadowbrook development would virtually
destroy SDM-W-915. Even though this grading would occur on
Rancho Carrillo property, it would be a direct result of the
Meadowbrook development. Therefore, the La Costa Meadowbrook
project should be deemed responsible for direct adverse impacts
to SDM-W-915.
Other adverse impacts to the site would also result
from the Meadowbrook development. A population influx would
certainly increase the site's exposure to vandalism and such
unintentional adverse impacts as off-road vehicle traffic.
Growth-inducement is another major consideration. Development
of Meadowbrook would projDably enhance development of Rancho
Carrillo property to the iiranediate north. , Rancho Carrillo
Planned Community plans clearly indicate (see Figure 5) that
grading, road construction, and housing development would des-
troy whatever small portions of SDM-W-915 might exist after
Meadowbrook development. In a sense, the Rancho Carrillo Planned
Community project could be viewed as a beneficiary of the Meadow-
brook development which immediately threatens SDM-W-915.
3. Mitigation. Two alternatives for mitigating adverse
impacts to a point of insignificance are avoidance and salvage.
Avoidance could entail denial of the La Costa Meadowbrook project.
This would prevent Meadwobrook-associated destruction of SDM-W-915
but would not halt other ongoing impacts not associated with
the project.
Another type of avoidance measure would entail con-
struction of a massive retaining wall in lieu of present grading
plans. One disadvantage of this measure is that failure of the
wall could cause serious adverse impacts to the site. Another
deficiency of this measure is that it would do nothing to lessen
possible adverse impacts associated with an influx of population
and would probably only serve to facilitate development at
Rancho Carrillo.
Active preservation of SDM-W-915 is a third type of
avoidance measure. Preservation would require covering the site
with sterile fill, in addition to preventing currently planned
grading. Disadvantages of this measure include the loss of
access to the site, which would be a serious impact upon genera-
tions of scientists. In addition, if the covered site area were
parceled, the local jurisdiction would lose most of its control
over possible future adverse impacts.
'''xtnA
Salvage is a feasible alternative type of mitigation.
Successful mitigation of adverse impacts to SDM-W-915 through
salvage must, by definition, maximize informational yield at
the lowest possible cost in time and money. These goals are
attainable through a two-phase program.
Phase I of the salvage program would entail spatial
definition of the site through pesthole excavation and site map-
ping. Characterization of the subsurface cultural deposit would
be accomplished through excavation of a limited number of sample
units. Measures taken on unit results would provide a quantita-
tive determination of the level of effort needed to achieve miti-
gation through additional sampling.
Phase II of the salvage program would entail addi-
tional sample unit excavation and analyses. Mitigation should
be quantitatively defined in terms of a specified level of con-
fidence in control over variability of measures. Steps needed
to obtain this level of confidence should derive from Phase I
analyses. A 95-percent,/'confidence level is attainable through
careful research design, adequate formulation of appropriate
measures, and judicious use of statistics.
It is stressed that the salvage alternative can only
work if an explicitly testable research design is formulated
prior to field activities. Operationalization into careful pro-
gram construction can make a two-phase program both scientifically
adequate and economically feasible.
D. BIOLOGY
1. Existing Conditions. The proposed project involves
57 acres of land located east of Unicornio Street and west of
the proposed Melrose Avenue in the City of Carlsbad. A majority
of the site has experienced a great deal of grading activity.
The entire southern slope of the central ridge running east-west
has been altered to flat terraces and sharp narrow ridges. The
hill in the southwestern corner of the property and the north-
facing slope of the central ridge are the only areas that have
not been disturbed and have native vegetation. These areas com-
prise approximately 11 acres, or one-fifth, of the Meadowbrook
site. The remaining 45 acres or so have been significantly dis-
turbed and degraded by earth removal and illegal trash dumping.
Weedy herbaceous species are the dominant vegetation
on-site, occurring in the disturbed acreage and including Russian
Thistle (Salsola iberica), Perennial Mustard (Brassica geniculata),
Australian Saltbush (Atriplex semibaccata), Fennel (Foeniculum
vulgare), Napa Thistle j«:entaurea melitensis), and Goldenbush
(Haplopappus sp.).
A number of nonnative annual grass species also occur
in the disturbed acreage, although much of this area has been
stripped of any vegetation.
The two undisturbed areas, with native vegetation,
differ somewhat .in tlieir .species dominance;- however, they both '
are covered with. Goastal. Sage Scrub, a common vegetational com-
munity. The Coastal Sage Scrub on the southeastern hill is charac-
terized by the typical low, open, soft brush vegetation, and the
dominant species include Coastal Sagebrush (Artemisia califomica),
Flat-top Buckwheat (Eriogonum fasciculatum), Isocoma (Haplopappus
venetus) , and DeeirweeS (Lotus scoparius) . The vegetation on the
north-facing slope is characterized by the occurrence of broad-
leaved brush species, as well as the Coastal Sagebrush in the
drainage bottoms, and open herbaceous cover with a few scattered
Coastal Sagebrush plants on the slopes. The broad-leaved species
includes Laurel Sumac (Rhus laurina), Lemonadeberry (Rhus inte-
grifolia) , White Sage (Salvia apiana), and Adolphia (Adolphia
californica). Although their appearance may differ, both undis-
turbed areas are covered by the same plant community, exemplifying
a response to slightly different ecological conditions.
Special note was made on the occurrence of rare or
endangered or otherwise significant plant taxa that occur on
the site. Two plant taxa considered significant by the California
Native Plant Society (Powell 1974) were located. Mesa Clubmoss
(Selaginella cinerascens) and Adolphia. Both plants are classi-
fied as rare but not endangered, are common in Baja California,
have a low potential for extinction, and are limited to San Diego
County in California. The Mesa Clubmoss occurs under the brush
cover of the hill, while the Adolphia occurs on the slope
bordering the broad-leaved brush growth on the north-facing
slope. In total, the Adolphia occurs over approximately 1.5
acres in a dense stand. The majority of the population occurs
just off the site to the north. Neither population represents
a significant portion of the species' distribution.
Very few mammals were detected on the subject
property, undoubtedly due to the lack of vegetation on-site.
Only three mammals were identified during the survey, coyote
(Canis latrans), cottontail rabbit (Sylvilagus sp.), and
blacktailed jackrabbit (Lepus californicus) . ^The property
also supports a limited avifauna. Western meadowlark (Sturnella
neglecta), road runner (Geococcyx californianus), scrub jay
(Aphelocbma coerulescens), brown towhee (Pipilo fusco), and
American kestrel (Falco sparverius) were the only birds observed.
Although a variety of reptiles could occur on-site, neither
these nor any amphibians were encountered during the survey.
No rare and/or endangered vertebrate species were
observed on the subject property. The American kestrel was the
only species identified on the site that is included on the
Blue List for 1979 (Arbib 1978). The Blue List is a nationwide
inventory of bird species that are experiencing unexplainable
noncyclic population declines. Species included on the list
may be declining in some parts of the county but not in others.
In Southern California, American kestrel populations are stable
and do not require special consideration.
2. Impacts. The proposed project would result in the
complete elimination of the site's existing vegetation and wild-
life habitat. The removal of the two native coastal sagebrush
stands is significant only in the context of the added incre-
mental loss of this vegetational community in the region. The
total amount lost, approximately 11 acres, is very small, and
considering the nature and magnitude of the disturbances in
the surrounding areas, it would be some time for these areas to
return to the native vegetation.
The associated wildlife would either be eliminated
or would relocate to surrounding open lands. The larger mammals
and avian species would experience a slight reduction of habitat
as a result of this project. Smaller mammals and reptiles
occurring on the site may experience some population reductions
during the construction phase of the project. These impacts
upon the wildlife are not considered significant in a regional
context.
Both the Adolphia and Mesa Clubmoss populations
would be eliminated. Since these locally rare plants have rather
limited populations on the site, the loss of the plants cannot
be considered as significant in a regional context. Neither
species is in danger of extinction at this time, and larger
populations of both plants may be found in other portions of
the county.
^' Mitigation. Due to the rather minor biological
impacts associated with this project, there are no mitigation
procedures recommended.
E. CERTIFICATION
The following persons participated in the preparation of
this report.
Joan Z. Bonin, B.S. Biology; Draftsman II
Ed Brunjes, B.S. Biology; M.Ed. Educational Foundations;
Environmental Consultant
Charles S. Bull, B.A. Sociology; M.A. Anthropology;
Vice President, Archaeology
Christopher DeCerbo, B.A. Environmental Studies; Research
Assistant
Eloise Peola, B.S. Journalism; Production Specialist
Victoria L. Gallagher, B.S. Natural Resources; M.P.H. Water
Quality; Environrfiental Consultant
David C. Hanna, B.A. Anthropology-Sociology; M.A. Anthro-
pology (in progress); Associate Archaeologist
Melvin Jay Hatley, Senior Archaeologist; Cartographer
Nancy J. Hatley, B.S. Consumer and Family Studies;
Production Supervisor
John P. Larson, B.S. Chemistry; Vice President, Environ-
mental Analysis
Denise Palazzolo-Swink, Project Coordinator
Jack Reveal, B.S.' Forestry; Registered Professional
Forester; Consulting Botanist
Royce B. Riggan, Jr., B.S. Biology; President
Ricardo Villasenor, Jr., B.S. Botany; M.S. Botany;
Consulting Botanist
F. PERSONS AND AGENCIES CONSULTED
Palomar College
Dick Nobel, Instructor
G. REFERENCES CITED
Arbib, R.
1978 The Blue List for 1979. American Birds 32(6):1106-1113.
Bull, Charles S.
1976 An Archaeological Surface Reconnaissance of the Rancho
Carrillo Area. Preliminary Environmental Information
on Rancho Carrillo. Manuscript on file at RECON, San
Diego.
California Water Quality Control Board, San Diego Region
1979 Waste Discharge Requirements for San Marcos County
Water District Wastewater Reclamation Project Near San
Marcos. Order No. 79-23, San Diego.
Carlsbad, City of
1976 Final Environmental Impact Report for the La Costa Master
Plan and General Pl.an Amendment.
, ./ ,
Eberhart-Axten and Associates
19 80 Reconnaissance Soil and Geologic Investigation La Costa
Meadowbrook: City of Carlsbad, CaliforniaT Manuscript
on file at RECON. April 10.
Kaldenberg, Russell L.
1976 An Intensive Archaeological Reconnaissance of the La
Costa Land Ccjmpany Property-Carlsbad, California. Manu-
script on file at RECON, San Diego.
Kennedy, Michael P. and Gary L. Peterson
1975 Geology of the San Diego Metropolitan Area, California.
California Division of Mines and Geology, Bulletin 200,
Sacramento.
Regional Environmental Consultants
1979 Environmental Impact Report for the SMCWD Wastewater
Reclamation Project. San Diego.
United States Department of Agriculture
1973 Soil Survey: San Diego Area, California. Soil Conser-
vation Service and U.S. Forest Service, San Diego.
iV: Comments or Elaborations to Any of the Questions in Section II.
(If additional space is needed for answering any questions, attach
additional sheets as may be needed.)
signature
(Person completing reiiort)
RECON, 1094 Cudahy Place, Suite 204, San Diego, California 92110
Date Signed: April 23, 1980
Conclusions (To be completed by the Planning Director). Place a
check in the appropriate box.
( ) Further information is required.
( ) It has been determined that the project will not have significant
environmental effects. ( ) You must submit a preliminary
environmental impact statement by the following date.
( ) You should ma]^ 'an appointment with the Planning Director
to discuss further processing of your project, in accordance with
Chapter 19.04 of the Municipal Code.
DATE RECEIVED:
BY ^
Planning Director, or.
Revised December 22, 1978
A
APPENDICES
. APPENDIX A
CLASSIFICATION LIST
FOR
CAPABILITY UNITS
Class Capability
I Few limitations on use.
II Moderate limits on use may reduce choice of plants or
require moderate conservation practices.
Ill Severe limitations on choice of plants or requires
special conservation practices, or both.
IV Severe limitations on choice of plants or requires
special management, or both.
V Erodibility is not a problem but has practical limi-
tations that Restrict use to pas.ture or range, woodland
or wildlife habitat.
VI Severe limitations that make it generally unsuitable
for cultivation and restrict use to pasture or range,
woodland or wildlife habitat.
VII Very severe limitations making it unsuitable for crops.
Uses restricted to Class V and VI above.
VIII Soils and landforms have limitations that preclude
their use for commercial crop production, and restrict
their use to recreation, wildlife, water supply or to
esthetic purposes.
Source: Soil Survey, San Diego Area, California, U.S.D.A.,
Soil Conservation Service and U.S. Forest Service.
STORIE INDEX RATING
Index Rating Grade Limitations
80 - 100 1 Few or no restrictions on use.
60-80 2 Suitable for most crops but minor limita-
tions that narrow crop choice.
40-60 3 Suited for a few crops or special crops
and require special management.
20 - 40 4 Severely limited for crops and if used
require special management.
10-20 5' Not suited to cultivated crops but can be
used for pasture and crops.
Less than 10 6 Generally not suited for farming.
The Storie Index is a numerical expression of a soil's relative
degree of suitability or value, for general intensive agriculture.
This rating is based upon- soil characteristics only: it does not
take into account such'^^factors as water availability, climate,
and distance from markets, all of which might determine the desir-
ability of a specific crop in a given locality. On this basis,
the index, in itself, .should not be considered an index for land
valuation.
There are four factors (A, B, C, and X) representing inherent
soil characteristics that are considered in the index rating:
1. Profile Characteristics (A) . An expression of the rela-
tive suitability of a profile for the growth of plant roots.
The rating is based upon the extent to v.'hich root penetation
is limited. Soils having deep permeability profiles are rated
at 100 percent. Those soils having a dense clay layer or hard-
pan or thin soil cover over bedrock are rated less than 100 per-
cent.
2. Surface Texture (B). Texture here really refers to two
factors: ease of tillage and the capacity of the soil to hold
water. Moderately coarse and medium textures are the most
desirable and rated 100 percent. The coarser and finer textures,
such as sand and clay, are rated at less than the maximum.
3. Slope (C). This factor is particularly important where
the soils are to be irrigated. Erosion potential and runoff are
influenced by slope. Nearly level or gently sloping soils are
rated 100 percent. As the slope increases, its rating decreases.
4. Other Conditions (X). This category is used to evaluate
any limitations on the use of the soil, such as poor drainage,
high water table, salts or alkali, low fertility, or acidity.
If more than one limitation exists, the values of each are multi-
plied together to get the X factor.
The final index rating of a soil is determined by multiplying
the four factors. A, B, C, and X. By this method, any one
factor may dominate the final rating.
Soils are placed in grades according to their agricultural
suitability as indicated by their Storie Index ratings.
TABLE A-1
CRITERIA FOR SHRINK-SWELL LIMITATION^
Slight
Soil Property
or Quality
Amount of clay
and predominant clay and any clay
clay mineral mineral
Degree of Limitation
Moderate Severe Very Severe
Coefficient of
linear extensi-
bility (COLE)
(in./in.)
Zero to 18 percent 18 to 30 percent 30 to 40 percent More than 40 percent pre-
mixed or montmo- mixed or montmo- dominant montmorillonitic
rillonitic clays rillonitic clays clays
or or
Zero to 30 percent
kaolinitic clay
Less than 0.0 3
More than 30
percent kaolini-
tic clay
0.03 to 0.06 0.06 to 0.0 8 More than 0.08
Prepared by the Soil Conservation Service and accepted by the San Diego County Planning Depart-
ment, 1971. ^
Sources: Soils Memorandum 45|1), U.S.D.A., Soil.Conservation Service.
P.C.A. Primer, Portland Cement Association, Skokie, Illinois, 1962.
Technical Memorandvim 3-357 (1953 (1), United States Corps of Engineers, Waterways
Experiment Station, Unified Soil Classification System.
Soil Science 1966 (Cl):108, Use of Saran Resin to Coat Natural Soil Clods for Bulk
Density and Water Retention Measurements, Brasher, B. R. et al.
TABLE A-2 ,
CRITERIA FOR HOMESITE EROSION HAZARD
Erosion Hazard
Soil Property Moderate Severe
Slope Zero to 30 percent More than 30 percent
Grade of granular, crumb or blocky
structure in the surface layer Strong to moderate Weak | |
Surface layer texture Clay, clay loam, sandy loam, Sandy, loamy sand
A loam N
^Prepared by the Soil Conservation Service and accepted by the San Diego County Plan-
ning Department, 1971
()
APPENDIX B
c
CULTURAL RESOURCE RECONNAISSANCE
LA COSTA MEADOWBROOK CARLSBAD TRACT
"Prepared for
THE ANDEN GROUP
6353 EL CAMINO REAL, SUITE 3
CARLSBAD, CALIFORNIA 9200 8
Prepared by /
DAVID C. HANNA
ASSOCIATE ARCHAEOLOGIST
23 APRIL 1980
, R(BgK)p[lfcnvironnientaTJohsCntaints RECON NUMBER R-l 108
f ytm Cudahy Plac» Suite 204 San DieQO. yZltO 275-3732 _
TABLE OF CONTENTS
Page
I. INTRODUCTION
II. DESCRIPTION OF SDM-W-915
A. LOCATION
B. PHYSICAL ATTRIBUTES
C. CULTURAL MATERIALS
D. PRIOR AND CURRENT ADVERSE IMPACTS •
III. ASSESSMENT OF SDM-W-915
A. CHRONOLOGICAL PLACEMENT
B. RESEARCH POTENTIALS
C. OTHER CONCERNS
IV. RESOURCE MANAGEMENT AT SDM-W-915
A. ADVERSE IMPACTS OF THE LA COSTA MEADOWBROOK
PROJECT
B. ALTERNATE MITIGATION STRATEGIES
V. REFERENCES CITED
FIGURE
Figure 1: Approximate dimensions of prehistoric midden
site SDM-W-915
I. INTRODUCTION
One cultural resource site, SDM-W-915, is known to exist
in the La Costa Meadowbrook Carlsbad Tract vicinity. While
the site is outside the project boundaries shown on the ten-
tative map, its location falls within an area which is slated
for grading associated with the Meadowbrook development
(Figure 1). No cultural resources are known to lie within
the Meadowbrook project, and no others appear to be threatened
by impacts indirectly attributed to the project.
APPROXIMATE BOUNDARY OF
AjicHAE0L0GX^SlTE\sDM-W-9l AREA TO BE GRADED
Figure I ; The approximate dimensions of prehistoric midden site SDM-W-915, which lies entirely
outside the La Costa Meadowbrook project and entirely within the Rancho Carrillo Planned Community,
are indicated above.
II. DESCRIPTION OF SDM-W-915
The following description of SDM-W-915 is based upon three
studies. The site was first described and formally recorded
during the master survey of La Costa properties. Results of
this survey were reported by RECON (Kaldenberg 1987). The
site was revisited and its description further refined in a
RECON survey of Rancho Carrillo (Bull 1976), which is situated
immediately north of the Meadowbrook project area. Mr. M. Jay
Hatley of RECON conducted additional surface investigation on
April 15, 1980. Hatley's data resolves certain points of
inconsistency and lack of clarity in the prior records.
A. LOCATION
SDM-W-915 is located in the northwest quarter of the
southeast quarter of Section 19, Township 12 South, Range 3
West, San Bernardino Base Meridian. As indicated by Figure 1,
it is situated immediately north of the Meadowbrook project's
northern boundary and fully on the Rancho Carrillo Planned
Community property.
A graded bank creates the southern limit of the site,
which once extended southward into the cut-away area. Above
the cut and lying variously one to three meters (3.28 to 4.84
feet) north of the cut's eroded lip is a fenceline. This
fence was erroneously identified by Kaldenberg (1976:52) as
the northern boundary of La Costa land. Due to this error,
it was felt that "a thin strip, approximately 1.5 meters wide,
protrudes in^o La Costa property. . ." (Kaldenberg ,1976:52).
The true location of SDM-W-915 in relation to property lines
was determined by Hatley using the present tentative map.
The site is situated on a long ridge, cresting an
elevation of 550 feet above Mean Sea Level. Oriented north-
east-southeast, this ridge formerly extended in a southwesterly
direction through the graded area toward a small drainage. It
is clear that the site extending along this ridge for some
unknown length prior to the grading. The site's position on
the ridge affords unobstructed views of the coast to the west-
northwest, of movmtains to the northeast, and of the San Marcos
drainage to the south.
B. PHYSICAL ATTRIBUTES
SDM-W-915 is a midden locality covering approximately
4,000 square meters. Kaldenberg (1976:52) noted that "the
total surface area. . . is approximately one acre." Bull
(1976:f-14) recorded an area of "approximately 4,000 square
meters." Hatley's recent surface investigation suggests a
roughly equivalent area, but his recore stresses that an
overburden of noncultural soils, recent vandalism, other
man-made impacts, and vegetative cover preclude definitive
areal determination without sxibsurface examination.
Midden soil varies in color from medium brown to
gray and is seen to contain relatively substantial amounts
of decayed organic compounds in the area exposed by the
grading cut. A midden depth of approximately 50 centimeters
is clearly exposed in the center of the cut, with a gradual
thinning to the east and west. In all, approximately 70 meters
(230 feet) of midden are profiled by the cut, and it appears
that the original site width in this area is completely repre-
sented by the profile.
Because the midden material is less compact than the
underlying sandstone, it has eroded away more quickly since
the graded cut was formed. This has resulted in a small bench
at the midden's base. A small amount of midden has been washed
down from this bench across a deposit of Paieontological (non-
cultural) oysters. The rather distinct layers of Ostrea sp.
deposit were incorrectly linked to the midden in the Kaldenberg
(1976) and Bull (1976) reports.
Surface dimensions of SDM-W-915 are only crudely
defined. An overburden of natural soils apparently lies on
top of cultural deposits. Cultural material shows sporadi-
cally in a bike path which crosses the site and in lateral
erosion surfaces over the site's extent. Were it not for the
graded cut on the site's contemporary southern edge, the
presence of deep subsurface midden deposits would be virtually
undetectable. Minor man-made surface impacts and vegetation
in the site area also introduce an element of indeterminancy
to definition of the site's surface extent.
C. CULTURAL MATERIALS
Synthesis of the Kaldenberg (1976) report and Hatley's
record of April 15, 1980, permits a characterization of cul-
tural materials at SDM-W-915. Kaldenberg (1976:52) observed
over 40 flakes and debitage, most of which were highly pati-
nated felsite and some of which were basalt; 12 scrapers, all
of highly patinated felsite; a broken blade fragment; and
marine shell of both Chione sp. and Argopecten (Aequipecten) -sp.
Kaldenberg (1976) mistakenly identified Ostrea sp. deposits in
the graded cut as cultural material, probably because midden
material had washed down the cut's face and across the oyster
beds. This error, corrected by Hatley, resulted in Kaldenberg's
(1976:52) description of the midden as being up to one meter
deep.
Hatley's data differ from the Kaldenberg (1976) report
in some significant respects. Hatley encountered no multifaceted,
large tools, which may imply that vandalism has occurred at the.
site since Kaldenberg's initial survey. Hatley did, however,
recover ten small blades"and bladelike flakes from that portion
of the midden which is exposed by the graded cut. Under binoc-
ular microscopic examination (30X), some of these items appear
to exhibit a rounded, worn-away aspect on one laterial edge in
marked contrast to a sharp, fresh-looking aspect on the opposite
lateral edge.
In addition to felsite and fine-grained flakes and debi-
tage, also noted by Kaldenberg (1976), Hatley observed flakes of
andesite, one quartz flake, And numerous chunks of metavolcanic
material. Ha'tley characterized the flaked lithic material as
abundant and the shell has light, based upon detailed examination
of the midden exposed in the graded cut. Hatley's record specifi-
cally states that no other types of artifact were noted, either
on the surface or in the cut.
The second point is that a variety of lithic materials
is present in SDM-W-915 deposits. One must wonder if basalt,
felsite, andesite, and quartz tools and waste material might
relate to the site's social position in prehistoric trade net-
works. Such status would have had relatively obvious impor-
tance in terms of other social, political, and economic aspects
of prehistory.
Perhaps the most exciting research potential at SDM-W-
915 is the set of blades and bladelike flakes recovered by
Hatley from the portion of midden exposed in the graded cut.
Several of the ten recovered items appear to be purposively pro-
duced blades, and a few of these seem to show use-wear on one.
and only one, laterial side. This type of item and this type of
wear have been recognized, in diverse portions of the world,
as a clear indication of harvesting practices. Commonly, a set
of prepared blades would be set into a bone or wooden implement
with tar, mastic, some other fixative, or simple wedging to con-
struct a. type of sickle or scythe.' Saws and knives of similar
construction have also been documented archaeologically through-
out the world.
The prehistoric existence of such tools has never, to
date, been documented within San Diego County or adjacent re-
gions. If closely controlled microscopic examination of blades
and bladelike flakes from SDM-W-915 should provide evidence for
such items of material culture, contemporary understandings or
prehistory would have to be substantially revised. Documentation
of sophisticated harvesting tools would necessitate major re-
consideration of the role of plant exploitation in La Jollan and
post-La Jollan prehistoric cultures. Documentation of sophisti-
cated knifelike or sawlike tools could have equally important
consequences for knowledge and interpretation of prehistoric
butchering, woodcarving,~or modification/utilization of other
materials.
Suitable analysis of SDM-W-915 blades and bladelike
flakes would probably rquire correlation of at least four classes
of variables: material type, edge-angle ratio, relative frequency
per correlate across the site, and relative frequency per corre-
late by unit-level. Microscopic examination at powers in excess
of 30X, perhaps including electron microscopy on very carefully
selected specimens, could be'necessary in order to detect use-
wear striae as distinct from edge damage due to pro'duction
phenomena and postproduction incidental events. Edge-angle
ration should probably be arbitrarily defined in accordance with
production technique, and the most relevant ratios would probably
compare potentially usable edges. An all-cross examination of
macroscopically selected specimens could probably significantly
reduce the number of specimens which would require all-cross
analysis.
D. PRIOR AND CURRENT ADVERSE IMPACTS
Prior and current adverse impacts to SDM-W-915, as
opposed to those impacts which will be generated by the Meadow-
brook development plans, are an important consideration. The
grading .which truncated the original site's southern extent
removed perhaps a third or more of the former area. This makes
the remaining portion important as the only avenue by which
the original site's resource value can be addressed.
Erosion of the midden along the cut's margin has con-
tinuing adverse effects on the site's integrity and durability.
It has been noted that erosion has already created a benchlike
formation where the midden's base rests on underlying sandstone,
Other adverse impacts, such as a dirt road used by off-road
bikers, have occurred on the site's surface. Use of this road
continues, with resulting adverse impacts to the cultural mate-
rials into which it is being worn.
Vandalism is thought to explain the absence in 1980
of some artifacts noted l)y Kaldenberg in 1976. Especially
notable are the 12 scrapers, whose observation in 1976 does
not match Hatley's fruitless search for similar items some
five years later. The site's accessibility is undoubtedly a
factor in continued vandalism.
III. ASSESSMENT OF SDM-W-915
Assessment of SDM-W-915 cultural resource valnes is pre-
sented below with respect to three dimensions. Chronologi-
cal placement relates to both research potential, the second
dimension, and to a variety of other concerns, the third dimen-
sion of resource values.
A. CHRONOLOGICAL PLACEMENT
It is frequently difficult to determine a site's chron-
ological placement simply on the basis of scant evidence observed
in a surface examination. This is the case with SDM-W-915 but,
fortunately, Kaldenberg (1976:52) was able to recover and sucess-
fully measure a radiocarbon sample. A shell sample (UCR-434 )
was taken from an unknown point within the midden exposure in
the graded cut, at a level approximately 30 centimeters below
the surface, and dated to 688 + 280 B.P.
This radiocarbon date indexes SDM-W-915 to the earlier
portion of the La Jolla complex as it has been variously defined
in the San Diego region. Considerable differences of opinion
concerning both the material definition and cultural processes
of this time period can certainly be addressed with data from
the site. Existence of this radiocarbon date, however, does
not preclude the existence of earlier or later deposits at
SDM-W-915.
B. RESEARCH POTENTIALS
Research potentials at SDM-W-915 constitute a particu-
larly relevant dimension of scientific resource value. In
part, the radiocarbon-dated age of at least part of the midden
provides, a starting point not often found at a site which has
not been previously excavated. Availability of this date
enables any researcher to formulate explicitly testable
hypotheses, which are directly appropriate to the site, far
in advance of field examination. In a sense, the date permits
an unusual degree of initial focusing during the processes of
research design construction.
Another factor making SDM-W-915 a prime candidate for
useful research is the apparent integrity of the remaining mid-
den. While surface impacts have certainly obviated the utility
of micromapping, they do not appear to have significantly altered
subsurface portions of the midden. Loss of a portion of the site
to prior grading on its southern aspect and subsequent erosion
on the lip of the resulting cut are certainly significant, but
no archaeological investigations of the midden exposed in the
cut have shown major earlier disturbance. In a way, the earlier
grading is fortuitous, since careful facing of the cut could
well reveal structural details seldom accessible at a site prior
to any type of subsurface investigation.
The nature of cultural materials in the SDM-W-915 midden
is also promising. The presence of taxonomically definable shell
is favorable for controlled investigation of aboriginal diets
and subsistence strategies. 'In addition, the shell's fairly good
preservation'holds out the promise that similarly crucial osteo-
logical, plant macrofossil, and plant microfossil remains exists
in a quantity and quality suitable for sophisticated reconstruc-
tion of prehistoric climates, biological environments, and human
diets.
Abundant lithic material is also promising. The relative
frequencies and metrical characteristics of flakes, by type, can
provide the information which is so badly needed for resolution of
current issues in material technology and cultural definition for
the ca. 7000 to 6000 B.P. period. Two points are of special
importance in this regard. The metavolcanic chunks noted by
Hatley may imply aboriginal exploitation of the nearby sources
of such material for on-site tool production. Tools of this
material have been recovered at sites which are widely distrib-
uted across the San Diego region, and it is significant that
many of these sites are so distant from the source of this mate-
rial that its abundance must imply that prehistoric trade was
fairly elaborate. Simply because of its location near these
sources, SDM-W-915 may be able to shed light on this trade and
on the importance which it had for local groups.
C. OTHER CONCERNS
Two special classes of resource value are included
within the dimension of other concerns. There is a wide variety
of public values which might be realized through concrete atten-
tion, and it is felt that such attention can have distinct bene-
fits for the developer. There are also possible Native American
values of a politically sensitive nature, and it is historically
clear that such values are of great importance for both devel-
oper and consultant.
Public values might be identified as either educational
or aesthetic in nature. For instance, an interpretive presen-
tation of information which is scientifically derived from SDM-
W-915 can significantly enhance the general public's knowledge
of and sensitivity for San Diego's prehistory. Display boards,
along the lines of the type of public information presentation
pioneed. by the National Park Service, the California Department
of Parks and Recreation, and the Bureau of Land Management, are
simply constructed and widely appreciated. Temporary interpre-
tive display of cultural materials, with accompanying exmplana-
tory text, can be achieved at low cost with the participation
of local banks, chambers of commerce, and even real estate sales
offices. More long term in nature, public displays at the San
Diego Museum of Man and in display cases of local universities
and colleges can enhance public knowledge and appreciation of
local prehistory. Specific reference to the developer's con-
tributions can have positive public relations and related sales
values.
Interpretive development is but one type of special con-
cern pertaining to SDM-W-915. Also important is the potential
identification of contemporary Native American populations with
cultural resources at the site. Recent attempts by Native Ameri-
cans to expand the scope of their influence in cultural resource
management through legislative action, existing weight of the
California Native American Heritage Commission, and various judi-
cial precedents are of direct concern. It may be important, in
this regard, to determine whether or not there is any recent
occupation of the SDM-W-915 locality evidenced by the archaeo-
logical record. Of particular concern is the possibility that
human burials might exist at the site. This is considered
unlikely, but a clear statement of this event's probability is
highly preferable to an unanticipated discovery of burials during
grading on the Meadowbrook project.
IV. RESOURCE MANAGEMENT AT SDM-W-915
Management of cultural resources at SDM-W-915 is an issue
founded upon an appropriate match between adverse impacts antic-
ipated as a result of proposed developments and alternative
strategies for mitigating to a point of insignificance such
adverse impacts as may occur. Ultimately, decision-making is
a jurisdictional responsibility. The suggestions, which are
presented below, should be viewed only as suggestions.
A. ADVERSE IMPACTS OF THE LA COSTA MEADOWBROOK PROJECT
The tentative map reflecting current development plans
for the Meadowbrook project clearly indicates that a major por-
tion of SDM-W-915 would be destroyed by grading (see Figure 1),
While this grading would occur on land within the Rancho Currillo
Planned Community, it would be directly attributable to the La
Costa Meadowbrook development and would constitute direct adverse
impact upon the site. It is also evident that the proposed grad-
ing associated with the Meadowbrook development would be com-
patible with the type of development which is planned for Rancho
Carrillo. On the basis of priority, Meadowbrook development
should be held responsible for planned destruction of SDM-W-915.
On the basis of growth-inducement, the Meadowbrook development
should also be held responsible for destruction of SDM-W-915.
On the basis of derived benefit, Rancho Carrillo Planned Com-
munity development should also be considered accountable for
destruction of SDM-W-915.
Anticipated adverse impacts to the prehistojric cultural
resource site are not limited to grading. One must also con-
sider the adverse effects which construction of houses and par-
celing of private ownership would have, if the Rancho Carrillo
development takes place. Road construction associated with
Rancho Carrillo development would have clear adverse impacts,
and it is important to note that the Meadowbrook development
could sufficiently enhance land values as to promote implemen-
tation of these plans.
It is' also worth noting that a population influx to the
Meadowbrook area would significantly increase the exposure of
SDM-W-915 remnants to vandalism and such unintentionally des-
tructive acts as off-road vehicle use, excavation of children's
forts, and perhaps brush fires. In summary, direct and poten-
tial indirect adverse impacts to SDM-W-915 must, on the basis
of existing development plans, be considered most closely asso-
ciated with the La Costa Meadowbrook Carlsbad Tract, but it
should be understood that the Rancho Carrillo Planned Community
would derive benefits from such events.
B. ALTERNATIVE MITIGATION STRATEGIES
Two alternative means for mitigating adverse impacts
upon SDM-W-915 to a point of insignificance are presented
below. Avoidance might entail any of three measures, while the
salvage option is presented as a two-phase program.
Avoidance is defined quite simply as precisely what the
term implies: avoid adverse impacts. The most evidence avoid-
ance measure is denial of the Meadowbrook project. This measure
would entirely avoid project related adverse impacts, although
it would not bring to a halt ongoing adverse impacts which are
not associated with the proposed development. The likelihood
of this measure's implementation is perhaps low.
A second type of avoidance measure would entail construc-
tion of a massive retaining wall in lieu of the grading plans
reflected by the La Costa Meadowbrook tentative map. There are
several deficiencies in such a measure. Although it would per-
haps be possible to construct a wall of sufficent strength to
retain the approximately "ten-meter high existing graded cut on
the southern border of SDM-W-915, adverse impacts to the site
might occur in the very construction of such a retainer. Another
difficulty might be the wall's structural integrity in the face
of extreme seismic activity, very heavy precipitation, or both.
Structural failure of such a wall could have severe adverse .
effects upon SDM-W-915. A further disadvantage to the retaining
wall proposal is that it would do nothing to lessen possible
adverse impacts associated with an influx of population and
would probably only serve to'facilitate the enhancement of land
values on Ran'cho Carrillo property by allowing development at
Meadowbrook.
Active preservation of SDM-W-915 is a third type of
avoidance measure. Preservation would need to include covering
the site with sterile fill, in addition to preventing grading
through construction of a retaining wall or modifying current
Meadowbrook development plans. A major drawback of this type
of measure is that once a site is parceled and sold to numerous
private homeowners, even if it has been covered with sterile
fill, control of possible adverse impacts to the cultural re-
source passes out of the local jurisdiction's hands in many
cases. In addition, scientific access to a site is severely
restricted by a process of filling, parceling, and sale. On a
related note, it is perhaps unrealistic to believe that cultural
resource records on a buried site would be maintained for any-
thing beyond a few decades.
Salvage of SDM-W-915 through controlled sample excava-
tion is felt to be the most appropriate mitigation alternative,
if avoidance is not accomplished. While salvage is not the most
attractive alternative, it is perhaps the most realistic.
Information yield and time/cost factors are the central
considerations in a mitigative salvage program. Successful
mitigation of adverse impacts to SDM-W-915 through salvage
activities must, by definition, maximize informational yield
at the lowest possible cost in expenditures of time and money.
These goals are attainable through a two-phase program. Central
features of each phase are summarized below.
1. Phase I. Spatial definition of the site should be
accomplished through a program of posthole excavation and site
mapping. Characterization of the subsurface cultural deposit
should be accomplished by excavation of a limited number of
sample units. Measures taken on unit results should provide a
quantitative determination of the level of effort needed to
achieve mitigation through additional sampling.
2. Phase II. Additional sample unit excavation and re-
lated analyses should result in data recovery sufficient to
attain complete mitigation of adverse impacts to a point of in-,
significance. Mitigation should-be quantitatively defined in
terms of a specified level of confidence in control over vari-
ability of measures. Steps which are needed to obtain this
level of confidence should derive from Phase I analyses. A 95-
percent confidence level can be obtained through careful research
design, adequate formulation of appropriate measures, and judi-
cious use of statistics.
It is stressed that research design and operationaliza-
tion into careful program construction can make such a two-phase
program both .scientifically adequate and economically feasible.
Without advanced planning, however, the significant possible
advantages of mitigation through salvage can be easily sacrificed
to duplicative effort, expensive misallocation of labor, and
uncontrolled addressment of resource values.
V. REFERENCES CITED
Bull, Charles S.
1976 An Archaeological Surface REconnaissance of the Rancho
Carrillo Area. Preliminary Environmental Information
on Rancho Carrillo. Manuscript on file at RECON, San
Diego.
Kaldenberg, Russell L.
1976 An Intensive Archaeological Reconnaissance of the La
Costa Land Company Property-Carlsbad, California^ Manu-
script on file at RECON, San Diego.
Carlsbad Journal
Decreed A Legal Newspaper by the Superior Court of San Diego County
3088 PIO PICO AVENUE • P.O. BOX 248 • CARLSBAD, CA 92008 • 729-2345
Proof of Publication
STATE OF CALIFORNIA, js.
COUNTY OF SAN DIEGO,
I am a citizen of the United States and a resident of the county aforesaid;
I am over the age of eighteen years, and not a party to or interested in the above entitled matter.
I am principal clerk of the printer of the Cdflsbsd Joumdl a newspaper of general circulation,
published tv\/ice weekly in the City of Carlsbod, County of San Diego, State of California, and which
newspaper is published for the dissemination of local news and intelligence of a general character, and
which newspaper at all times herein mentioned hod and still has a bona fide subscription list of paying
subscribers, and which newspaper has been established and published at regular intervals in the said
City of Carlsbod, County of San Diego, State of California, for a period exceeding one year
next preceding the date of publication of the
notice hereinafter referred to; and that the notice
of which the annexed is a printed copy, has been
published in each regular and entire issue of said
newspaper and not in any supplement thereof on
the following dates, to-wit:
PUBLIC NOTICE OF
PRIOR
ENVIRONMENTAL
COMPLIANCE
lM/1/81
PLEASE TAKE NOTICE: The
Planning Department has deter-
mined that the environmental
effects ofthe project described be-
low have already been considered
in conjunction with previously cer-
tified environmental documents
and, therefore, no additional en-
vironmental review will be re-
quired and a notice of determina-
tion will be filed.
Project Title: CT 8M2/CP-15(A)/
SDP 81-1
Project Location: Northeast cor-
ner of Alga Road and El Fuerte
Street.
Project Description: Construc-
tion of 10 buildings which will
accommodate 69 condominiums on
a 4.5 acre parcel. Construction of
the proposed project wilt require
approximately 46.330 cubic yards of
grading.
Justification for this determina-
tion is on file in the Planning De-
partment. City Hall, 1200 Elm Ave-
nue, Carlsbad, CA Comments from
the public are invited. Please sub-
mit comments in writing to the .
Planning Department within ten
(10) days of publication.
Dated: April 20, 1981
Case No: CT81-12/CP-15(A)/SDP81-
1
Applicant: THE ANDEN GROUP
JAMES C. HAGAMAN
Planning Director
.City ofCarlsbad
CJ W838: April 22, 1981.
April, .as 19. R1.
19. . .
19. .
19. . .
19. .
I certify under penalty of perjury that the foregoing is true
and correct. Executed at Carlsbad, County of San Diego,
State of California on the 22nd
day of April 1981 t
Clerk of the Printer
Carlsbad Journal
Decreed A Legal Newspaper by the Superior Court of San Diego County
3088 PIO PICO AVENUE • P.O. BOX 248 • CARLSBAD, CA 92008 • 729-2345
Proof of Publication
STATE OF CALIFORNIA, js.
COUNTY OF SAN DIEGO,
I am a citizen of the United States and a resident of the county aforesaid;
I am over the age of eighteen years, and not a party to or interested in the above entitled matter.
I am prmcipa I clerk of the printer of the CaHsbad Joumal o newspaper of general circulation,
published twice weekly in the City of Carlsbad, County of San Diego, State of California, and which
newspaper is published for the dissemination of local news and intelligence of a general character, and
which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying
subscribers, and which newspaper has been established and published at regular intervals in the said
City of Carlsbad, County of San Diego, State of California, for a period exceeding one year
next preceding the date of publication of the
notice hereinafter referred to; and that the notice
of which the annexed is a printed copy, has been
published in each regular and entire issue of said
newspaper and not in any supplement thereof on
the following dotes, to-wit:
N6riCE OF PUBLIC
HEARING
NQXICE IS HEREBY GIVEN that
the Planning Commission of the
Ci^ ofCarlsbad will hold a public
hearing at ttie City Council Cham-
bers. 1200 Elm Avenue, Carlsbad,
California, at 7:00 P.M. on Wednes-
day, May 27, 1981, to consider
approval of a tentative tract map,
condominium permit and site de-
velopment plan to construct a 69
unit condominium project on prop-
erty located on the northeast cor-
ner of Alga Road and El Fuerte
Street and more particularly de-
scribed as: a portion of parcel lot
parcel map no. 10179 filed June 1,
1979, in the office ofthe County Re-
corder of San Oiego County.
Tiiose persons wishing to speak
on this proposal are cordially in-
vited to attend the public hearing.
If you have any questions, please
call the Planning Department at
438-5591.
Case File: CTB1-12/CP-159/SDP81/1
Applicant: THE ANDEN GROUP
CITY OF CARLSBAD
PLANNING COMMISSION
CJ S374: May 16,1981
May. .1.6 19
19
19
19
19
I certify under penalty of perjury that the foregoing is true
and correct. Executed at Carlsbad, County of San Diego,
State of California on the loth
day of I;}ay 1981
lM/1/81 Clerk of the Printer
r7M
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Planning Commission of the City of
Carlsbad will hold a public hearing at the City Council Chambers,
1200 Elm Avenue, Carlsbad, California, at 7:00 p.m. on Wednesday,
May 27, 1981 to consider approval of a tentative tract map, condo-
minium permit and site development plan to construct a 69 unit
condominium project on property located on the northeast corner of
Alga Road and El Fuerte Street and more particularly described as:
a portion of parcel lot parcel map no. 10179 filed
June 1, 1979, in the office of the County Recorder
of San Diego County.
Those persons wishing to speak on this proposal are cordially
invited to attend the public hearing. If you have any questions
please call the Planning Department at 438-5591•
CASE PILE:
APPLICANT:
PUBLISH:
CT 81-12/CP-l59/SDP 81 /I
THE ANDEN GROUP
May 16, 1 981
CITY OP CARLSBAD PLANNING COMMISSION
LOCATION MAP
SUBJECT
PK'OPE.t?TT
CASE NO..Crj3Jri2/::PI5T '
APPLICANT_ TMF AJkinF_k\ GROUP Uc^^.w r^^P
1. The Anden Group
15133 Ventura Blvd.
Encino, GA 91436
The Anden Group
16133 Ventura Blvd.
Encino, CA 91436
La Costa Land Company
Costa Del Mar Road
Rancho La Costa, CA 92008
Roman Catholic Bishop of
San Diego
P.O. Box 80428
San Diego, CA 92138
Tung Ker-Kong, et.al
7739 Anillo Way
Carlsbad, CA 92008
Tung Ker-Kong, et.al
7739 Anillo Way
Carlsbad, CA 92008
Tung Ker-Kong
Lee, Joseph & Ning-Tzyy
7739 Anillo Way
Carlsbad, CA 92008
La Costa Land Company
Costa Del Mar Road
Rancho La Costa, CA 92008
Adams, Kenneth R.& Delores
6873 Whitman Drive
Buena Park, CA 90620
10. Double Vee Investments
P.O. Box 1343
Rancho Santa Fe, CA 92067
11. FTC Construction Corp.
2640 Hidden Valley Road
La Jolla, CA 92037
12. Rosch,Paul J.& Marguerite
124 Park Avenue
Yonkers, NY 10703
13. Kahn, Mil ford L.& Marjorie
3014 Xana Way
Carlsbad, CA 92008
14. Austin, Barbara
33715 Hayward Drive
South Laguna, CA 92677
15. Kolasa, Daniel J. & Helen A
3018 Xana Way
Carlsbad, CA 92008
16. Knight, James a Laura
3039 Briand Avenue
San Diego, CA 92122
17. Cordoni, Terrie K.
12352 Glacier Circle
Los Alamitos, CA 90720
18. Ramage, Ray L. & Phyllis D
3024 Unicornio Street
Carlsbad, CA 92008
19. Stephens, Wilber V & Li da
2939 Cacatua Street
Carlsbad, CA 92008
>ISDEINP
V October 3, 1983
City of Carlsbad
1200 Elm Avenue
Carlsbad, Califomia 92008
Attention: Mr. Holtzmiller
RE: CT 81-12 (RESOLUTION NO. 6598)
Dear Mr. Holtziiiiller:
It is ray understanding that parking requirements for a condo project
in the City of Carlsbad has changed since the approval of the above
referenced raap. Provisions have been raade to allow a certain number
of 'small car parking spaces' to be included in tJie overall tabulation
for parking spaces.
After reviewing tiie parking plan for CT 81-12, we feel that by in-
corporating t±ie now allowable amount of ' small car parking spaces'
into our project, the stairway proposed to link the building site with
XANA WAY could be eliminated.
Vfe hereby request that Resolution 6598 be amended to eliminate
condition no. 17.
Sincerely,
Michael C.
MCR: jk
The Anden Group 6544 Corte Montecito, Carlsbad, CA 92008 Telephone 619 438-7902
Receipt No. • /r// ^ 4' APPL1C7\TI0K 1-30. CARLSBAD TT;.-'iCT SI' ("2,
CITV OF CAKLSBiiD
(Piease Type or Frinc)
1. REQUEST: Tentative Subdivisici Map for: ;^i> qparp .d.ivisloi]
TLand o."; v'.isxcvii - air s^ace 'divi .v.aon - coinbTii'atioii land .ir.d
air &p.'.;Cfc.' divisionO
2. LOC.Vi'IOH: The subject proper^y is generally jocated OJT the-
"^^^^^ '^^ El Fuerte Street bc;:weeii Alga_ilQflcl
'^'^^ UaicQmio Streel
3. 7iS£'p;SS0K' S WUMBER: Book 222 Page 012 Parcel 04
Book 222 Page 012 Parcel OS (If more, pleact. li.- L
on }:v.:tL:/,ii of page) .
4 . OVvKiiR.'} : N^.Kie M4£jr"i!± £if J Zip E'll:LV-_
Jhe. Anden Group 16133 Ventura Blvd., Encino. CA 91436 (213)872-0384
l-t.r.:c-i responsible for prepar.'.t ioii of j>:ap:
NaMt: •'^}j/}£2^^-^^ .-iij:? —. V'^'-rd'
Hunsaker & Associates, 3001 Red HiU.,..lldg^J_I_j_Ste 212. Costa Mesa. CA 92626^^^^
KogifJtration or License Mc. . RCE 17061
A?rLlC>lli:i;'S SIGKATUllE:
I hereby declare that alJ. infccv-ation contained witnir thi c
application is true; and tliat all standard conditions as
indicated cn *fche attachjr.cnt have been read, understood an;!
aijreed ro.
Address Citv zip Ph^^^e
ejT6133 Ventura Blvd., Encino, CA 91436 (213)872-0384
Representing (Company or Corporation)
The Anden Group
Relationship to Property Gv;ner(s) The property owner
Ac per State Liiw the City har 30 days to determine if your
submitted application is complete and ready lor .-tceeptancc.
Incomplete applications may delay aoceptanc?. To bctte."- cuir-ure
complete applications, tiie Planning Department wouJ d appreciate
working with the applicant dur.Lnq the plannincj stage of the
proposed development. TJiis request is uoL a .roffuiroxiicnt, however,
it may avoid revision of plans or non-accepti:ucc- of tae app] ication.
ATTACHMENTS;
."[luppl emen tai Information Form - i'lanning 2u
Time Lxten.sion .^groomeiiL - Planniiig 37
Standard Condition;; - Planninq 2ii
Preparation Check List - Planning 33
Procedure:; - Plann.incj 3G
bUPPLEMEMTAI. I FORMAT I ON FORM
SPECIFIC PL'\i.v/MASTER PLAN/TENTATIVE SUBDIVISION MAP/SPECIAL USE PERMIT/
PUD/ COK'JUl-i.i iSliUM rEj<i"lIT/i'RECISE DEVELOPMENT PLAN/SITE DEVELOPMENT PLAN.
1) Gross ,'\cres (or square footage if less than acre) + 4.5 /\c
2) Number of Lot.s or Units 69 Condominium Units
3) Type of Develop-.ont BasideiLfUJ^
Residcntiaj., Commercia 1, Industrial
4) PresenL :-ane RPMQ Propcsed Zone
(If change requested)
5) Gcinrral Pl Hn Land Use Designation Medium Density Residential
6) Source' of wa-.. ;r Gupply San Marcos County Water District
7) Kc;t''.of S'^v^c^e disposal Public Sanitary Sewer System
8) Typf -- of Pro*:ecti-'-e CDvenants to be recorded Standard Convenants,
Conditions and Restrictions meeting the approval of the City Attorney.
9) Transro.rt'~ tion iT.odes available to service the develoijmcnt
Private Automobile
10) Schocl Bir.tr: :;t (:-) serx'incr the property San Marcos Unified School
District
.11) If yo'.ir project is for or anticj.pater. being for more than 50 res-
idercial unit;; 00 you prefer to dedicate land
pay fees , or a combinatir^n thereof
Park-in-lieu fees.
12) Meti'o.'is proposed to reduce sound levels
-Sc.re£ne£[_lanjds£aftejl..biifJ&rs.-aiid SRtba£.l^J!.i::im-iLr±ejd..a.l roaila.,-
13) Methods proposed to conserve energy Extensive use of reclaimed water
from the San Marcos Water District is tp be used to irrigate common areas and open
space. In _additii).n water, saving devices will be installed and the units will be
insultated per state and federal energy codes. Extensive use of drought resistant
plants will also be incorporated into the landscaping design.
Additional sheets may be attached if necessary to answer any of tho above
questions.
FORM PL/iNNTNG 20 - February 1, 1979
S'J'ANDARD CONDITIONS
CITY OF CARLS]'.AD '
TENTATIVE SUBDIVISION M/iP
Subui vi.;:;J on and development shall meet all requirements of the
subdi\'i ::ion, zoning, building codes, and General Plan and other
lav/G, u::di.nanco.s or regvilntions of tho City of Carlsl:)ad, and other
gC)Vorr,i:iantal agencies. Some of the? more pertinent requirements
and pToeedures of the city are listed below for your information
and c';:.-!Ciirrence. Please read t.his list carefully and feel free to
ask for further information or explanation.
1. Final map .<Dhall be completed within 18 months from tlie date
of final City Council action on the tentative subdivision map.
Tv.'o extensions of one year each may be approved hy City Council
upon staff x-cview of the original decision.
2. Tha final map .';halJ substantially conform to the tentative
subdivision map. If otherwise, the final map v;ill be rejected
and iie\/ tentative subdivision map hearings will be required for
the revised p!an.
3. 7.11 public iTTprc'-'enonts shall be made in conformity v.'ith tl;e
subdiv.i.pion ordirbance and other city standards, to the
sati.'=;fnctic-n o.f the City Fngi.neer, Vvithout cost to Llie Ci Ly of
CarlslDcd and free of all lien;; and encumbrances.
4. •'.•.'.Lor to any construction, the applicant shall submit pjcins
the appropriate entity providing domestic waLor to the
jjrcvpor.ed do-\'-elopmont, for its approval of the location, type
and tidc:quacy cf water lines.
L"., Prior to ar.y construjLion., the r-ipplicnnt slinll olri.rin ap]:'.ioval
fron tho Ci'-y Fire Department of the location and size of ••'
fire hydrants,
b. 'I'hf.: .?polica.--,t shall install all required f J re livdrauLs ,.ano
ej-y-otr.:id pipes y:)rior to fraiiunq construction, and said fi.re
ai j/artenanccs shall be functioiial prior to commencing such
\.'OJ }; . .
7. fJcreot tree.s, as required l-.y tha cily, shall Lo iiisl;.a]led by
th'i appli cnu.t at h? >j eirponsc;. Trees shall be of a t.ype ap'proved
by tlio Pork: PcpartmcnL and shall be in:H-,alled to their
spC'ci f icatioiTs. If removal of any exi sting trce.s iT reo n red
by tlic city, .-iaid removal shall be at thr^ applicant's e::peTi3e.
It shall be the responsibility of the appli cart to mpJve all
arrangements v.-j th tlie Porl'.s Department concerning tjie
x'equiremcnts of this condition.
t J. A detailed gra'^ing plan wjiich includes propo:7CLl drainacjc aiid
ero.<^ion control landscaping and for other Pleasures such a.-^
desiltir,g basins shall be approved by the City Lnyjneer prior
to final map.
9. Imriiediotely after grading, ero.^;ion control landr?caping and/or
other measures such as desiltincj basins sliall be installed.
'J'liis control may be the final 1 and;;capiny, if so apprc;ved.
I. 0. 7N dpi-.ailed landscape nrni sprinkler plan shall be submittc'd for
Planjiinc) Director's approval for all graded slopes 5' or
qreater in licight end any othor areas requiret.1 by tJie ci.ty.
II. Prior i.o fin,;] l-)uildi.nq insiv;:'Ction clearance, all lai!d.'-,ca;;i ng
sJvi.i L ]j<' .1 nstri] ICKI or adequate bonding accepted. 5>aid
3 and:;e:]oJ nu sliall be maintained in a mani'.er acceptable to tliO
PlaiinJng Director.
F01;M PLANNING 2H, Pacie J
o
12. No signs or advertsing cjf any type whatsoever shall be erected
or installed until plans thereof have been approved by the
City of Carlsbad. , .
As part of the approval process, the city may modify these conditions
or add others, especially those of a more specific nature. The
subdivider v/ill be notified of these modifications or additions by
resolution.
A.
FOPJ-1 PL.AriNING 28_, Page (2)
Date of I'lanning Commission Approval
STATEMEN'J' OI' AGREEMENT
TENTATIVE SUBDIVISION M;^P
CIT!^ OF CARLSBAD
The Subdivision Piap Act and the Carlsbad Municipal Code sots a
fifty (50) day time restriction cn Planning Commission 1j7.0ces.ying
of Tentative Mi;p3 and a thirty (30) day time lim.it for City
Council action;. These time limits can only be extended by the
mutual concurrence of the applica.nt and the City. By accepting
applications for Tent£ttive Maps concurrently with applications
for other fipprovals \;hich a.re prerequisites to the map; i.e.,
Environr.ie.ntal Assessr.ient, Environmental Impact Report, Condouiinium.
Plan, Planned Unit Developrjient, etc., the fifty (50) day time
limits and the thirty (30) day time limits are often exceeded.
If you wisYi to have your application processed concurrently,
this agreement .fiiust be signed by the applicant or his agenr. If
you choose iiot to sign the statement, the City v.'ill not accept
your application for the Tentative Map until all prior ;aececsary
entitlements have been processed and approved.
The undersigned understands that the processing time required by
the Cix.y may e.^vcecd tiie time limits, ihereiore ti.:e undersigned
agrees to extend the time lirnits for Planning Coaimission and
City Council action and fully concurs with any e>:tensions of
time up to Oiie from the date the application was accepted
as complete to properly reviev all or the applications.
Signature
itiJ^eR—
Name (Print) Relationship to Applicaticjii
(Property Owner-Agent)
FORM: PLANNING 37, REVISED 3/nO
If after tht information you have .•submitted lias been reviewed, it i.o deteriiiineci
that furtlKJr inlonnation is required, you will be so advii;ed.
Al'PLICAHT: THE ANDEN GROUP
Uame (individual, partiieri;hip, joint venture, corporation, .syndication)
16133 Ventura Blvd.
Encino, CA 91436
businesiJ Addrest;
AGENT:
MEMBERS;
(213) 872-0384
Telepliono Huuiber
HUNSAKER & ASSOCIATES, INC.
Nanie
3001 Red Hill Avenue, Bidg. VI, Ste. 212
Costa Mesa, CA 92626
(7l4i J54 JJUX
Name (i.-idividual, partner, joint" '
venture, corporation, :jyr.d ica tion)
16133 Ventura Blvd., Encino, CA 91436
Home Addre;
Huiine;:;; /ladre:;;.
(213) 872-0384
Telcphoji'.; IJujiibe;: Telfiplione tjoj.i.'JtT
lloitie Add.ce:^^-
Cusiiatjs.s /vddrefas
Telephona liuitibei 'I'clephcne huKibor
(/ii.Lacli iiiore stieets if nece.';.?wry)
I/We declare under penalty of perjury that tlie infomiation contained in thi^; di;
closure ii; true and correct and that it will remain true and correcv and may be'
relied upon as being true and correct until amended.
THE ANDEN GROUP
Appllciini
Agent, Owners PSttuv.r
.4
Rece • ». iflllp /7 Application Keceivud_
CONDOMINIUM PERMIT -/J"*^
CITY OF CARLSBAD
(PLEASE PRINT)
1. REQUEST: Condominitim Permit for 69 ^units on property
cf appro->;iiua tely 4._5 acres.
2. Location: The subjoct property is generally located on the
east side of El Fuerte Street between Alga_JRaad ^^'"^
Unicornio Street and Xana Jjlay
3. ASSFSGOR'S ilUI'iDEf:: Bool- 222 Page 012 Parcel 04
Book 222 Page 012 Parcel 05 (If more, please list
on bottom of page).
4. QWiiEK(s; OR riilNCIPAL Or CORP. The Anden Group
1613_3_Ventura_Blvd_. Encjno^ _CA_ 91436 ..(2131.872-_0334
Niane " Addrcsfi; Zip Phono
5. Person respo.isible for preparatioii of plan:
3001 Red Hill Ave.,
tluDsak£.c.A_AssQ£j.ates—aidg.._VI.St£_. 212. Cnsta ites.a. CA -.S2£2£- ^171.4)..7.M.-IQIL.
Name Aaaref.:s 2iip .-iione
6. Registration of Licence No: R.C.E. 17061
APi/LlCANT'S SICNATURE:*
^I hereby declare that a.ll inf ori.ia tion contained v;ithin ti.i:; appl iu:^'.ion
is true; and that all standard conditions as indiccteu c:'. w.;e attach--
ment have been read, under:,toed and agreed to.
Zi.p Phone
16133 Ventura Blvd., Encino, CA 91436, (213) 872-0384
*NOTE: If the applicant is an agent to the property Oi.n'ier, a signed
and notariiJcd letter authoriziiig the applicant to represe:it the
property owner mujt be submitted with the application.
The City of Carlsbad Planning Department v;ould appreciate tlie
opportunity to work with tliO applicant throughout the Planning
Stages of the proposed devolopiiienc. In an effort to aid the
applicant, the Planning Department requests that it be giv.-n
an opportunity to evaluate and discuss the application and plans
prior to submittal. This request is not a requirement; however, it
may avoid major redrafting or revision of the plan wliich only serves
to lengthen the processing time.
ATT/iCILv.ENTS:
Supplemental Information Form - P.Tanning 20
Standard Conditions - Planning 27_
Preparation Check List - Planning 32^ and 32A
Procedures - Planninq 36
FOnM PLANNING 13 Date of Plannjjig Conmiission Api..roval
6/11/79
If after the information you have .submitted liab been reviewed, it is deteriiiineU
that further information is required, you will be so advit;ed.
Al'PLlCAtlT:
AGENT:
THE ANDEN GROUP
Name (individual, partj>eri;]iip, joint venture, corixjration, .syndication)
16133 Ventura Blvd.
Encino. CA 91436 .
Businesi; Addresi;
(213) 872-0384
Telepliono Nuciber
HUNSAKER & ASSOCIATES, INC.
3001 Red Hill Avenue, Bidg. VI, Ste. 212
Costa Mesa, CA 92626
(?14j 754-1QI1
^^^^^elepJuCue Ua:;ibol'
MEhBERS:
Name {i:idjvidual, partner, joint
venturtr, corporation, rjyndication)
16133 Ventura Blvd., Encino, CA 91436
Home AddreUS
bui;ine::a Arid re. M
(213) 872-0384
TeJcphoiiu lJuiiibcr Telephone tjaj-L-xT
Maiue Home Add.rt:>o
Budinass Address
Telephone Muttiboi Telephone hunibor
(Ai.tach iiiore shi^ets if necef;f:;ry)
I/We declare under penalty of perjury that the information contained in thi.«; diS'
closure is true and correct and that it will remain true and correct and may be
relied upon as being true and correct until amended.
THE ANDEN GROUP
nr
Applicant
Ayent, Owner, Partncir
SUPPj .FMFMTAI. 3 I'ORMATION FORM
SPECIF:: C t-'L'\':/MASTFn PLAN/TFNTATIVE SI.IBDIVTSION MAP/SPECIAL USE PERMIT/
PUD/ COlVJUi'ti itLUM J Kl^'lIT/i'RLClbt DEVELOPMENT PLAN/blTE DEVELOPMENT PLAN.
1) Grosi-. .Acres (or '^.quare footage if less than acre) + 4.5 AC
2) Number of Loir or Units 6£j:Dn.dQininlLUL-UnitS
3) Type oO Develop-ient Ras.i.defltml,
Re::, i dent.'.t J , Commercial, Industrial
4) Prcu-..-;!; one BI1MQ__ Propcsed Zone
(If change requested)
5) Gt'norwl Plan L:.nd Use Desior.aVior. Medium Density Residential ;
6) Sourc: cT w,;v : ' r-upply San Marcos County Water District
7) Met' of s'^-.-^ge disposa l Public Sanitary Sewer System
8) Typ^ -- OL Pr-.-'v.ecr.i^'o CDvcr^ai-.ts to be recorded Standard Convenants,
Conditions and Restrictions meeting the approval of the City Attorney.
9) Trai-isr J.-.; t r ^.io:•: ii.odcs av-:;ilabl e to ser->rice tho development
Private Automobile
10) &e:.t • Dir.Li.'.: t (;•) serx'inc the ]->.;-':''•er ty San Marcos Unified School
_District
11) If vou;- proiect i i; for or ajvLici pato:^^ l.Toing for more than 50 :r as-
idercial uiiit;; dc 's'.ra }3re.f er to ''(plicate land
p.-.-.- ^ocr , or a ccraljination thereof
Park-in-lieu fees.
12) Mcti O:,s proposed to reduce sound levels
. Screened-landscAfted-.buf-f&cs.APd .setba£ls„J.rjMi-jir.tfijilal coad^,^
13) Mothori'- propos-d to con.'^-.erve energy Extensive use of reclaimed water
from the San Marcos Water District is to be used to irrigate common areas and open
space. In additign water saving devices will be installed and the units will be
insultated per state and federal energy codes. Extensive use of drought resistant
plants will also be incorporated into the landscaping design.
Add5tional sheets may be attached if necessary to answei any of the above
question; .
FORM PL/vNTJING 20 - February 1, 1979
STANDARD CONDITIONS
CITY OF CARLSBAD
SPECIFIC PIAN/CONDITIONAL USE PEIWilT/VARIANCE/
PLANNED UNIT DEVELOPMENT/SITE DEVELOPMENT PLAN/
SPECIAL USE PEPJ-iTT/CONDOMINIUM PERMIT AND
PRECISE DEVELOPMENT PLAN
DoArilopment shall meet all requirements of the subdivision, zoning
and building codes, lav-7s, ordinances or regulations of the City of
Carlsbad, and other governmental agencies. Some of the more
pertinent requirements and procedures of the city are listed below
for your information and concurrence. Please read this list carefully
and feel free to ask for further information "or explanation.
1) All conditions for Conditional Use Permit, Variance, Planned
Unit Development and Special Use Permit shall be completed and
the project comm.enced within 18 months from final city action,
unless otherwise stated as part of the approval. There is no
timo limitations for Specific Plans unless required as part of
the approval.
2) Development shall substantially conform to the approved plan.
3) All public improvements shall be made in conformity with city
standards, to the satisfaction of the City Engincier, without
cost to t.he City of Carlsbad and free of all liens and
encumbrances.
4) Prior to any construction, the applicant shall sufcmiit plans
to the apxjropriate entity providing domestic water to the
proposed development, for its approval of the location, type
::nd adequacy of water lines.
5) P.rior to any construction ^ the applic?int shall obtain apprbval
from the City Fire Department of the location and size of
fire hydrants.
/
C) The applicant shall install all required fire hydrants emd
dry-stand pipes pricr to framing construction, and said fire
appurtenances shall be functional prior to commencing such icork.
7) Street trees, as rcqui.red by the city, shall be installed by
tlie applicant at applicant's expense. Trees sliall be of a type
approved bv the Pa^rks Do):>artmcnt. and shall be installed to tl'ioir
specifications. If removal of any existing trees is required
by the city, said removal shall be at the applicant's expense.
It shall be the responsibility of the ixpplicant to raalie all
arrangem.ents with tlie Parks Department concerning the require-
ments of this condition.
8) 7v detailed grading plan which includes proposed drainage
and erosion control landscaping or other measures such as
desilting basins shall be approved by the City Engineer.
9) Imimediatcly after grading, erosion control landscaping and/or
othor measures such as desilting basins shall be installed.
Tilis contJTol may be tlie final landscaping if so approved.
10) A dot^iilcd landscape and sprinkler plan shall be submitted
for Planning Director's approval for all graded slopes 5'
or greater in lieight and any other areas required by law.
11) Prior to final building iiispecti.on clearance, all landscaping
and irrigation systems shall l)e installed or adequate
)>onding accepted. Said 1 anil.oc:aping .sliall be maintained in
a manner acceptable to tVie Planni.ng Director.
FORM 27
Pago (1)
12) No signs or advertising of any type whatsoever shall be erected
or installed until plans thereof have been approved by the
City of Carlsbad,
As part of the approval process, the City may modify these conditions
or add others, especially those of a more specific natu.re. The
applicant V7ill be notified of these modifications or additions by
resolution.
FORM 2_7 Date of Planning Commission Approval
Page (2)
OT)' of Carlsbad
Piannmc! Corrimisston
k. .V r? tr >•] A- •i'^.'^.jjP_^
\ Exhibit No. Q—
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'.EleadowRio
City of Carlsbedl
Planning Commission
No. !
xfiibit No.
•'i ^ i Dafa _.<: ^ ^'-i—_
E AMDEI^ GROUP BUZARD /HEMr^lMG Bi ASSOCSATES
developer architecture
; i
mr
^^^^
C3
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'W tamo's
/:,JX._ ~—
] C'ify of Carlsbad
• . - i Planning Commission
'••'r^ I'M
THE AMDEN Gl
developer
dowRidcie
Caw No. _l^.„_!:.J^i:._L.
Exhibit No, H
BUZARD /HENNmG ^ ASSOCIATES |
architecture planning
OWlHiC
THE ANDEi^^
Cify of Carlsbad
Pianning Commission
CtM No. liJ-j,':.!.-:~„1...'.
Exhiblf No .jT-i...-. ,
Dafe ..:l/.:i:.A:.... '
developer
OUP BUZARD /HENNIMG & ASSOCIATES
architecture planning
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PianftJa^ C- rn . on
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: MeadowRidoi
Caw
>;xhib«t Ma. .. .sJ
THE
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developer
Ei\i GROUP BUZARD /HErJMIMG BL ASSOCIATES.
• architecture planning.
:MeBdowRM
THE mDEM
developer
BUZARD /HENNIMG a ASSOCIATES
architecture plamiinn 1
I