HomeMy WebLinkAbout1990-12-18; City Council; 10938; Discretionary Applications BroccatoClTi-JF CARLSBAD - AGEND,: IiLL
79 LOT/72 SINGLE FAMILY DWELLING UNIT
BROCCATO PROJECT.
3ECOMMENDED ACTION:
Both the Planning Commission and staff are recommending that the City Council by Motion CERTIFY EIR 89-1 per Planning Commission Resolution No. 3108 and direct the City Attorney to prepare documents APPROVING CT -89-19, SDP 89-7 and HDP 89-37, and INTRODUCING Ordinance No.dS-/jd- APPROVING ZC 89-06.
The applicant is requesting approval of a variety of applications which cover 40.95 acres located along the north shore of Batiquitos Lagoon, west of the Aviara Master Plan and south of the Spinnaker Hills Development. The applications would establish a residential community of 72 single family dwelling units, a Batiquitos Lagoon public access trail and public parking lot and 18.34 acres of open space. The proposed project complies with all City ordinances and policies and includes the following discretionary actions:
ZC 89-6 - A Zone Change to allow the development of minimum 7500 square foot residential lots upon the site and to rezone the onsite Batiquitos Lagoon wetlands and wetlands buffer area to Open Space.
CT 89-19 - A Tentative Tract Map to divide the property into 72 residential lots and 7 open space lots.
SDP 89-7/HDP 89-37 - A Site Development Plan and Hillside Development Permit to allow the construction of 72 single family homes and a public Lagoon trail and parking lot.
More detailed information is included in the attached staff report to the Planning Commission. On October 17, 1990 the Planning Commission unanimously (5-O) approved all aspects of the project with minor modifications to three conditions of approval (Conditions 15, 46 and 72 of Planning Commission Resolution No. 3110). Upon further consideration of the project City staff also recommends further revisions to Conditions No. 15 and No. 77 as noted on the staff memorandum to the City Council, dated December
11, 1990. Condition No. 15 has been revised for purposes of ensuring that all open space areas are maintained and to enable the implementation of the Batiquitos Lagoon Enhancement Plan. Condition No. 77 has been revised to require that Sewer Benefit Area Fees in effect at the time building permit issuance are paid by the developer.
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PAGE 2 OF AGENDA BILL NO. /4 f3f
ENVIRONMENTAL REVIEW
EIR 89-1 - An Environmental Impact Report (EIR 89-l) was processed addressing all requested discretionary actions. The EIR identified that the project would result in significant and unmitigable impacts upon region wide air quality when combined with all other projects within the San Diego Region. Planning Commission and staff disagree and recommend that the City Council find that all project related impacts can, after mitigation, be reduced to a level of insignificance by the application of mitigation measures required in the EIR. Justification for this determination is contained on page 3 of the attached staff report.
FISCAL IMPACT
As discussed in the Zone 19 Local Facilities Management Plan, because all required improvements are to be funded by development, no fiscal impacts to the City will result from this 72 dwelling unit project.
Facilities Zone 19 1
Local Facilities Management Plan - 19
Growth Control Point 3.2/6.0 Du/Ac.
Net Density
Special Facility Fees
3.1 Du/Ac.
N/A
EXHIBITS
1. Memorandum to the City Council dated December 11, 1990 2. Location Map 3. Ordinance No. _A/i-/% (Zone Change 89-06) 4. Planning Commission Resolution No. 3108, 3109, 3110, 3111 and 3112 5. Planning Commission Staff Report, dated October 17, 1990 6. Planning Commission Minutes, dated October 17, 1990 7. EIR 89-l (Previously Distributed)
DECEMBER 11, 1990
TO: CITY COUNCIL
FROM: Planning Department
PLANNING DEPARTMENT RECOMMENDED REVISIONS TO RESOLUTIONS FOR BROCCATO (EIR 89-1/X 8906/CT 89019/SDP 8907/HDP 89-37)
1. Condition No. 15 of Planning Commission Resolution No. 3110 shall be amended to read:
15. Prior to final map approval the project applicant shall:
(A) Submit evidence satisfactory to the Planning Director that an offer of dedication of all onsite W8tlandS to th8 Stat8 Lands Commission has b88n made,
(B) Irr8VOCably Offer to dedicate in f88 t0 the hOm8OWn8rS
association all open space lots on CT 89-19 except for
th8 Wetlands which shall b8 dedicated to the Stat8 Lands
Commission. A covenant of easement shall be placed over all open space lots for access and maintenance.
(Cl Irr8VOCably offer to dedicate in perpetuity to the City of Carlsbad an open space and public access trail easement within the wetlands buffer area.
2. Condition No. 77 of Planning Commission Resolution No. 3110 shall be amended to read:
77. No building permit shall be issued for the project until and unless there is adequate capacity within the Batiguitos lift station as determined by the City Engineer. Prior to the issuance of building permits, th8 d8V8lOp8r shall pay all Sewer Benefit Area Fees in effect at the time of building permit issuance.
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ORDINANCE NO. NS-136
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY AN AMENDMENT TO THE ZONING MAP TO GRANT A ZONE CHANGE, ZC 89- 06, BROCCATO, FROM LC TO R-1-7500(Q) AND OS ON PROPERTY GENERALLY LOCATED ALONG THE NORTH SHORE OF BATIQUITOS LAGOON, SOUTH OF THE SPINNAKER HILLS DEVELOPMENT AND WEST OF THE AVIARA MASTER PLAN. APPLICANT: BROCCATO CASE NO.: ZC 89-06
The City Council of the City of Carlsbad, California does
ordain as follows:
SECTION I: That Title 21 of the Carlsbad Municipal Code
is amended by the amendment of a zoning map as shown on the map
marked "Exhibit 2" attached hereto and made a part hereof.
SECTION II: That the findings and conditions of the
Planning Commission as set forth in Planning Commission Resolution
3109 constitutes the findings and conditions of the City Council.
EFFECTIVE DATE: This ordinance shall be effective thirty
days after its adoption, and the City Clerk shall certify to the
adoption of this ordinance and cause it to be published at least
once in the Carlsbad Journal within fifteen days after its
adoption.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council on the day of , 1990,
and thereafter
PASSED AND ADOPTED at a regular meeting of the City
Council of the City of Carlsbad on the day of I
.
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1990, by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY
VINCENT F. BIONDO, JR., City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
LC EXHIBIT ‘2’
to
R-1-7500(4) l nt
Oovolopmont PC
AVl8r8
D*volopment
100’ Wetland
Buffer Boundary
Wetland
LC Limited Control htland8 OS Open Space
\ \
\
PC Planned. Community Batiquito8
LC to OS \ ”
Lagoon
cl LC to R-1=7SOO(Q) \ \ 4
BROCCATO I ZC 89-06
-6ATIQU ITOS , PROJECT
City of Carlsbad
BROCCATO I EIR 89-l/CT 89-1~
SDP 89-7/ HDP 89-37 Mm -a I
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PLANNING COMMISSION RESOLUTION NO. 3108
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD,
CALIFORNIA, RECOMMENDING CERTIFICATION OF ENVIRONMENTAL IMPACT
REPORT, EIR 89-1, FOR A PROJECT GENERALLY INCLUDING 72 SINGLE FAMILY
DWELLINGS, A PUBLIC HIKING TRAIL WITH TRAILHEAD PARKING AND 18
ACRES OF OPEN SPACE OVER 40.95 ACRES LOCATED ALONG THE NORTH
SHORE OF BATIQUITOS LAGOON, -SOUTH OF THE SPINNAKER HILLS
DEVELOPMENT, IMMEDIATELY WEST OF THE AVIARA MASTER PLAN AND
WITHIN LOCAL FACILITIES MANAGEMENT ZONE 19.
CASE NAME: BROCCATO
CASE NO.: EIR 89-l
WHEREAS, a verified application for certain property to wit:
All or portions of lots 1, 11 and 12 in Section 33, Township 12 south, Range 4 west, San Bernardino Meridian
has been filed with the City of Carlsbad and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request as provided by Title 21 of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 17th day of October, 1990, hold a duly
noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Tentative Map and;
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows:
1 ) A That the FOREGOING recitations are true and correct.
J3 That the Environmental Impact Report EIR 89-l will be amended to include the comments
and documents of those testifying at the public hearing and responses thereto hereby
found to be in good faith and reason by incorporating a copy of the minutes of said public
hearings into the report.
’ Cl That the Planning Commission finds and determines that the Environmental Impact Report
EIR 89-1 has been completed in conformance with the California Environmental Quality
Act, the state guidelines implementing said Act, and the provisions of Title 19 of the
Carlsbad Municipal Code and that the Planning Commission has reviewed, considered and
evaluated the information contained in the report.
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D) That the Environmental Impact Report EIR 89-l as so amended and as evaluated in the
staff report (October 17, 1990), is recommended for acceptance and certification as the
final Environmental Impact Report and that the final Environmental Impact Report as
recommended is adequate and provides reasonable information on the project and all reasonable and feasible alternatives thereto, including no project.
El That each and every significant environmental impact identified in the Environmental
Impact Report could be overruled or counter balanced by changes or alterations in the
project which would mitigate against said adverse impacts, or would be mitigated through
project specific conditions of approval
Conditions:
1. Refer to CT 89-19, Resolution No. 3110 for all conditions, mitigation measures, and
monitoring programs applicable to development of the Broccato Project Area.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission
of the City of Carlsbad, California, held on the 17th day of October, 1990, by the following vote,
to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Schramm, Commissioners: Schlehuber, McFadden, Erwin and
Marcus.
None.
Commissioners Hall and Holmes.
None.
SHARON SCHRAMM, Chairperson
CARLSBAD PLANNING COMMISSION
Al-l-EST:
PC RESO NO. 3108
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PLANNING COMMISSION RESOLUTION NO. 3109
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD,
CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CHANGE FROM L-C TO
R-1-7500 AND OS ON PROPERTY GENERALLY LOCATED ALONG THE NORTH
SHORE OF BATIQUITOS LAGOON, SOUTH OF THE SPINNAKER HILLS
DEVELOPMENT AND WEST OF THE AVIARA MASTER PLAN.
CASE NAME: BROCCATO
CASE NO.: ZC 89-6
WHEREAS, a verified application for certain property, to wit:
All portions of lots 1,ll and 12 in Section 33, Township 12 south, Range 4 west,
San Bernardino Meridian
has been filed with the City of Carlsbad, and referred to the Planning Commission; and
WHEREAS, said application constitutes a request as provided by Title 21 of the Carlsbad
Municipal Code; and
WHEREAS, the Planning Commission did on the 17th day of October, 1990, hold a duly
noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Zone Change; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows:
A> That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission recommends
APPROVAL of ZC 89-6, based on the following findings and subject to the following
conditions.
Findings:
1. The proposed change in zoning designations, from L-C to R-1-7500 and OS is consistent
with the underlying RLM, RM and OS General Plan designations.
2. The single family residential uses allowed by the proposed Zone Change to R-1-7500
would be compatible with surrounding <&sting or proposed residential and Open Space
uses.
3. The proposed rezoning of the JMiquitos Lagoon wetlands and wetland buffer to Open
Space will serve to ensure the preserva tion of these areas as open space.
4. All findings of CT 89-19, Resolution No. 3110, and EIR 89-1, Resolution No. 3108, are
1 incorporated herein by reference.
2 Conditions:
3 1. All conditions of CT 89-19, Resolution No. 3110, and EIR 89-1, Resolution No. 3108, are
incorporated herein by reference. Refer to these documents for all conditions and 4 mitigation measures applicable to the development of the Broccato project site.
5 2 . Approval of ZC 89-6 is granted subject to the approval of EIR 89-1, CT 89-19, SDP 89-7
6 and HDP 89-37.
7 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission
0 of the City of Carlsbad, California, held on the 17th day of October, 1990, by the following vote,
9 to wit:
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AYES: Chairperson Schramm, Commissioners: Schlehuber, McFadden, Erwin and
Marcus.
NOES: None.
ABSENT: Commissioners: Hall and Holmes.
ABSTAIN: None.
.J &>
SkARON SCHRAMM,
CARLSBAD PLANNING COMMISSION
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PLANNING COMMISSION RESOLUTION NO. 3110
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD,
CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE TRACT MAP FOR
72 SINGLE FAMILY DWELLINGS ON PROPERTY GENERALLY LOCATED ALONG
THE NORTH SHORE OF BATIQUITOS LAGOON, SOUTH OF THE SPINNAKER
HILLS DEVELOPMENT AND WEST OF THE AVIARA MASTER PLAN.
CASE NAME: BROCCATO
CASE NO.: CT 89-19
WHEREAS, a verified application for certain property to wit:
All or portions of lots 1, 11 and 12 in Section 33, Township 12 south, Range 4
west, San Bernardino Meridian.
has been filed with the City of Carlsbad and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request as provided by Title 21 of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 17th day of October, 1990, hold a duly
noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Tentative Tract Map.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission recommends
APPROVAL of CT 89-19, based on the following findings and subject to the following
conditions:
Findings:
1. The project is consistent with the City’s General Plan since the proposed density of 3.1
du’s/net acre is within the density range of O-4 and 4-8 du’s/acre specified for the site as
indicated on the Land Use Element of the General Plan, and is at or below the growth
control point of 5.03.
2. The site is physically suitable for the type and density of the development since the site
is adequate in size and shape to accommodate residential development at the density
proposed.
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The Planning Commission has, by inclusion of an appropriate condition to this project,
ensured that the final map will not be approved unless the City Council finds that sewer
service is available to serve the project. In addition, the Planning Commission has added
a condition that a note shall be placed on the final map that building permits may not be
issued for the project unless the City Engineer determines that sewer service is available,
and building cannot occur within the project unless sewer service remains available, and
the Planning Commission is satisfied that the requirements of the Public Facilities Element
of the General Plan have been met insofar as they apply to sewer service for this project.
School fees will be paid to ensure the availability of school facilities in the Carlsbad
School District.
Park-in-lieu fees are required as a condition of approval.
AU necessary public improvements have been provided or will be required as conditions
of approval.
The applicant has agreed and is required by the inclusion of an appropriate condition to
pay a public facilities fee. Performance of that contract and payment of the fee will enable
this body to find that public facilities will be available concurrent with need as required
by the General Plan.
The proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for Residential/Open Space development on the
General Plan.
An EIR was prepared for this project and has been recommended for certification by the
Planningcommissi on The EIR (EIR 89-l) identified a number of potentially significant
impacts created by this project and possible mitigation measures to reduce these impacts
to a level of insignifhnce. These mitigation measures have been incorporated into the
project through redesign or conditions of approval, to reduce all impacts to a level of
insignificance.
The intent of all mitigation measures proposed in EIR 89-l are contained in this
Resolution by way of either specific conditions of approval or in Attachment “A” which
conGiins mitigation measures that have been modified to: conform to City Policies; or,
expanded to more adequately mitigate the impact; or, tied to a specific phase of
construction so that they could be more easily monitored. Application of these measures
mitigates all identified impacts to a level of insignificance.
The applicant is by condition, required to pay any increase in public facility fee, or new
construction tax, or development fees, and has agreed to abide by any additional
requirements established by a Local Facilities Management Plan prepared pursuant to
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of
public facilities and will mitigate any cumulative impacts created by the project.
PC RESO NO. 3110 -2-
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This project is consistent with the City’s Growth Management Ordinance as it has been
conditioned to comply with any requirement approved as part of the Local Facilities
Management Plan for Zone 19.
This project was subject to Chapter 21.95 of the Carlsbad Municipal Code (Hillside
Ordinance) and meets all the requirements of that Chapter to ensure the sensitive
treatment of the City’s hillside resources.
The Tentative Map (Cl’ 89-19) satisfies all requirements of the Zoning Ordinance (Title
21), Subdivision Ordinance (Title 20) and the State Map Act
The project is consistent with all policies of the Mello II Local Coastal Program
The proposed project as conditioned is in compliance with the Ci@s Noise Policy No. 17.
The proposed project is consistent with the Interim Open Space Ordinance.
Conditions:
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Approval is granted for CT 89-19, as shown on Exhibit(s) “A” - “T”, dated September 18,
1990, incorporated by reference and on file in the Planning Department. Development
shall occur substantially as shown unless otherwise noted in these conditions.
The developer shall provide the City with a reproducible 24” x 36”, mylar copy of the
Tentative Map and Site Development Plan as approved by the Planning Commission. The
Tentative Map and Site Development Plan shall reflect the conditions of approval by the
City. The Map and Plan copies shall be submitted to the City Engineer prior to building,
grading or improvement plan submittal, whichever occurs first.
A 500’ scale map of the subdivision shall be submitted to the Planning Director prior to
the recordation of the final map. Said map shall show all lots and streets within and
adjacent to the project.
This project is approved upon the express condition that the final map shall not be
approved unless the City Council finds as of the time of such approval that sewer service
is available to serve the subdivision.
This project is approved upon the express condition that building permits will not be
issued for development of the subject property unless the City Engineer determines that
sewer facilities are available at the time of application for such sewer permits and will
continue to be available until time of occupancy. This note shall be placed on the final
map.
This project is also approved under the express condition that the applicant pay the public
facilities fee adopted by the City Council on July 28,1987 and as amended from time to
time, and any development fees established by the City Council pursuant to Chapter 21.90
of the Carlsbad Municipal Code or other ordinance adopted to implement a growth
management system or facilities and improvement plan and to fulfill the subdivider’s
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agreement to pay the public facilities fee dated June 15,1989, a copy of which is on file
with the City Clerk and is incorporated by this reference. If the fees are not paid this
application will not be consistent with the General Plan and approval for this project will
be void.
The applicant shall pay park-in-lieu fees to the City, prior to the approval of the final map
as required by Chapter 20.44 of the Carlsbad Municipal Code.
The applicant shall provide school fees to mitigate conditions of overcrowding as part of
building permit application. These fees shall be based on the Carlsbad Unified School
District No. 1 (Mello-Roos) fee schedule in effect at the time of building permit
application.
Water shall be provided to this project pursuant to the Water Service agreement between
the City of Carlsbad and the Carlsbad Municipal Water District, dated May 25, 1983.
This project shall comply with all conditions and mitigation required by the Zone 19 Local
Facilities Management Plan approved by the City Council on December 22, 1987,
incorporated herein and on file in the Planning Department and any future amendments
to the Plan made prior to the issuance of building permits.
If any condition for construction of any public improvements or facilities, or the payment
of any fees in lieu thereof, imposed by this approval or imposed by law on this project are
challenged this approval shall be suspended as provided in Government Code Section
65913.5. If any such condition is determined to be invalid this approval shall be invalid
unless the City Council determines that the project without the condition complies.with
all requirements of law.
Approval of this request shall not excuse compliance with all sections of the Zoning
Ordinance and all other applicable City ordinances in effect at time of building permit
issuance.
Approval of CT 89-19 is granted subject to the approval of ZC 89-6, SDP 89-7, HDP 89-37
and EIR 89-l.
The applicant shall establish a homeowner? association and corresponding covenants,
conditions and restrictions. Said CC&R’s shall be submitted to and approved by the
Planning Director prior to final map approval. The CC&R’s shall include provisions
specifying: (1) homeowner’s association maintenance responsibility for all natural and
manufactured project open space areas including the wetlands buffer area, public txail and
parking lot, and (2) that no private development (ie. rearyard structures or landscaping)
sball be permitted within this open space. Public access, landscaping or other public
utiIities as approved on the Landscape Concept Plan (Exhibit “G”, dated September 18,
1990)shallbepennitted.
Prior to final map approval the project applicant shall:
(A) Submit evidence satisfactory to the Planning Director that an offer of dedication
of all onsite wetlands to the State Lands Commission has been made,
PC RESO NO. 3110 -4-
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(B) Irrevocably offer to dedicate in perpetuity to the City of Carl&ad an open space
easement over open space lots 49, So, 61,77, 78 and 79, and
(C) Irrevocably offer to dedicate in perpetuity to the City of Carl&ad an open space
and public access trail easement within the wetlands buffer area.
Prior to final map approval, the project applicant shall offer to dedicate an irrevocable
easement for the Batiquitos Lagoon Public Trail from Fiori Court to the I-5 right-of-way.
Prior to the occupancy of any of the dwelling units, the project applicant shall be required to construct a sound attenuation wallkrm ranging between 6 and 8 feet in height along
the western and/or southern property lines of lots 41,42,43,44,45,46 and 48 consistent
with the recommendations of the Supplemental Noise Analysk for Broccato at Batiquitos
Shores, @con, 1990).
Prior to the occupancy of units on lots 40 - 48, me&a&al ventilation shall be required
to be incorporated into these structures consistent with the recommendations of the
Supplemental Noise Amdysis for Broccato at Batiquitos Shore (Recon, 1990).
Prior to the occupancy of units on lots 44,45,46 and 48, fully enclosed minimum 3/8
inch glass or plexiglass balcony barriers shall be required to be constructed on all second
story unit balconies.
This project is approved subject to the condition that residential water conservation measures including water efficient plumbing fktures in conformance with State and Local
Laws and Policies, be incorporated into the project’s design
Prior to the recordation of the first final tract map or the issuance of residential building
permits, whichever is fir& the owner of record of the property within the boundaries of
this tentative tract map shall prepare and record a notice that this property is subject to
overflight, sigh& and sound of aircraft operating from McClellan-Palomar Airport in a
manner meeting the approval of the Planning Director and the City Attorney. The
applicant shall post aimraft noise notification signs in all sales and/or rental offices
associated with the new development The number and locations of said signs shall be
approved by the Planning Director.
The applicant shall submit a street name list consistent with the City’s street name policy
subject to the Planning Directois approval prior to final map approval.
An exterior lighting plan for the trailhead parking area shall be submitted for Planning
Director approval. All lighting shall be designed to reflect downward and avoid any
impacts on adjacent homes or property.
This project is approved subject to the understanding that all required imported graded
material shall be obtained from the Aviara Master Plan Area. If this imported soil is to be
obtained from any other area, then a complete enviromnental review and other necessary
permits shall be required.
PC RESO NO. 3110 -5
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The applicant shall prepare a detailed landscape and irrigation plan which shall be
submitted to and approved by the Planning Director prior to the issuance of grading or
building permits, whichever occurs first. All residential streets trees proposed shall be
required to be low canopy trees (i.e, Carob or Ev Pear).
A master plan of the existing onsite trees shall be provided to the Planning Director as part
of the final grading plan to determine which trees shall be required to be preserved prior
to the issuance of a grading permit or a building permit, whichever occurs first.
All landscaped areas shall be maintained in a healthy and thriving condition, free from
weeds, trash, and debris.
Existing onsite trees shall be retained wherever possible and shall be trimmed and/or
topped. Dead, decaying or potentially dangerous trees shall be approved for removal at
the discretion of the Planning Department during the review of a Master Plan submitted
showing existing onsite trees. Those trees which are approved for removal shall be
replaced on a tree-for-tree basis as required by the Planning Department.
The developer shall install street trees at the equivalent of 40-foot intervals along all
public street frontages in conformance with City of Carlsbad standards. The trees shall be
of a variety selected from the approved Street Tree List.
Preliminary landscape plans shall be submitted.
All landscape plans shall be prepared to conform with the Landscape Guidelines Manual
and submitted per the landscape plan check procedures on file in the Planning
Department.
Landscape plans shall be designed to minimize water use. Lawn and other zone 1 plants
(see Landscape Guidelines Manual) shall be limited to areas of special visual importance
or high use. Mulches shall be used and irrigation equipment and design shall promote
water conservation.
The developer shall avoid trees that have invasive root systems, produce excessive litter
and/or are too large relative to the lot size.
Prior to final occupancy, a letter from a California licensed landscape architect shall be
submitted to the Planning Director certifying that all landscaping has been installed as
shown on the approved landscape plans.
All herbicides shall be applied by applicators licensed by the State of California.
The applicant shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
The first set of landscape and irrigation plans submitted shall include submitted building
plans, improvement plans and grading plans.
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All landscape and irrigation plans shall show existing and proposed contours and shall
match the grading plans in terms of scale and location of improvements.
Mature trees which are removed shall be replaced one to one with minimum 36” box
specimen. Each case shall be reviewed by the Planning Director.
The number of trees in a residential project shall be equal to or greater than the number
of residential units.
The developer shall display a current Zoning and band Use Map in the sales office at all
times, or suitable alternative to the satisfaction of the Planning Director.
All sales maps that are distributed or made available to the public shall include but not
be limited to trails, future and existing schools, parks, and streets.
As part of the plans submitted for building permit plan check, the applicant shall include
a reduced version of the approving resolution (including Attachment “A”) on a 24” x 36”
blueline drawing. Said blueline drawing(s) shall also include a copy of any applicable
Coastal Development Permit and signed approved site plan.
Approval is granted for HDP 89-37, as shown on Exhibits “c” - “F”, dated September 18,
1990, incorporated by reference and on file in the Planning Department. Development
shall occur substantially as shown on the approved exhibits. Any proposed grading and/or
development substantially different from this approval as determined by the Planning
Director, shall require an amendment to tbis Hillside Development Permit.
This project is approved subject to compliance with all conditions of approval included in
Attachment “A”.
Prior to the issuance of a grading permit or the recordation of the final map, the project
applicant shall receive a Coastal Development Permit that approves development that is
in substantial conformance with this City approval The Coastal Permit shall be required
to be submitted to the City Planning Department for review prior to the issuance of a
gradingpermit
Engineering Conditions:
47. No grading permits shall be issued for this subdivision prior to recordation of the final
map.
48. The developer shall obtain a grading permit prior to the commencement of any clearing
or grading of the site.
49. Upon completion of grading, the developer shall ensure that an “as-graded” geologic plan
be submitted to the City Engineer. The plan shall clearly show all the geology as exposed
by the grading operation, all geologic corrective measures as actually constructed and must
PC RESO NO. 3110 -7-
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be based on a contour map which represents both the pre and post site grading. This plan
shall be signed by both the soils engineer and the engineering geologist. The plan shall
be prepared on a mylar or similar drafting film and shall become a permanent record.
A separate grading plan shall be submitted and approved and a separate grading permit
issued for the borrow or disposal site if located within the city limits.
Prior to hauling dirt or construction materials to any proposed construction site within this
project the developer shall submit to and receive approval from the City Engineer for the
proposed haul route. The developer shah comply with all conditions and requirements the
City Engineer may impose with regards to the hauling operation.
The developer shall exercise special care during the construction phase of this project to
prevent offsite siltation. Planting and erosion control shall be provided in accordance with
the Carlsbad Municipal Code and the City Engineer. Reference Chap 11.06.
The developer shall construct desiltation/detention basins of a type and sire and at
locations as approved by the City Engineer. The developer shah enter into a desiltation
basin maintenance agreement and submit a maintenance bond satisfactory to the City
Engineer prior to the approval of grading, building permit or final map which ever occurs
first for this project. Each desiltation basin shall be serviced by an all-weather
access/maintenance road. The provisions of this agreement shall apply to any offsite
borrow sites which may be utilized in the construction of this project as required by the
City Engineer.
Rain gutters must be provided to convey roof drainage to the front yard where feasible to
the satisfaction of the City Engineer.
Additional drainage easements and drainage structures shall be provided or installed prior
to the issuance of grading or building permit as may be required by the City Engineer.
The developer shall make an offer of dedication to the City for all public streets and
easements required by these conditions or shown on the tentative map. The offer shall
be made by a certificate on the final map for this project. All land so offered shall be
granted to the City free and clear of all liens and encumbrances and without cost to the
City. Streets that are already public are not required to be rededicated.
Direct access rights for all lots abutting Batiquitos Drive shall be waived on the final map.
Except for the 30 foot opening to Lots 63 and 64.
Prior to approval of any grading or building permits for this project, the owner shall give
written consent to the annexation of the area shown within the boundaries of the site plan
into the existing City of Carlsbad Street Lighting and Landscaping District No. 1. The form
shall be provided by the City during the improvement plancheck process.
Runoff from this project is conveyed to environmentally sensitive areas. The subdivider
shah provide adequate means of eliminating grease and oils from drainage prior to
discharge as shown on the desiltation/urban pollutant reduction basin detailed on Bxhiiits
PC RESO NO. 3110 -8-
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“A9 and “G” dated September 18, 1990. Final plans for such improvements shall be
approved by the City Engineer prior to issuance of grading or building permit.
Plans, specifications, and supporting documents for all improvements shall be prepared to
the satisfaction of the City Engineer. Prior to approval of the final map in accordance,
with City Standards the Developer shall install, or agree to install and secure with
appropriate security as provided by law, improvements shown on the tentative map and the following improvements:
unit 1
A.
B.
C.
D.
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2 unit
A.
Extension of storm drain from Broccato Lane North along Batiquitos Drive to
connect to the storm drains in Poppy Lane and Daisy Lane including any proposed or existing drainage inlets on Batiquitos Lane south of Daisy Lane.
Batiquitos Drive from its existing terminus to the projects eastern boundary to
modified secondary arterial standards shown on the tentative map.
All street, drainage and utility improvements within the Unit 1 Boundary.
The desiltationktrban pollutant reduction basin located at the south end of the project site, per Exhibits “A” and “G”, dated September 18, 1990.
Modification to existing desiltation basin outlet pipe at Batiquitos Drive and
Poinsettia Lane to bring it into compliance with present design standards.
All street, drainage and utility improvements within the Unit 2 boundary.
A note to this effect shall be placed on an additional map sheet on the final map per the
provisions of Sections 66434.2 and 66445 of the Subdivision Map Act.
Some improvements shown the tentative map and/or required by these conditions are
located offsite on property which neither the City nor the subdivider has sufficient title or
interest to permit the improvements to be made without acquisition of title or interest.
The Developer shall conform to Section 20.16.095 of the Carlsbad Municipal Code.
Improvements listed above shall be constructed within 18 months of final map approval.
Irrigation systems to accommodate future reclaimed water shall be designed consistent
with Title 17 of the California Administrative Code. Offsite future reclaimed water
distribution systems should be anticipated by the installation of adequately sized sleeves
at crossing points to minimize street excavation.
Prior to approval of the final map the developer shall enter into an agreement with the
City to pay any drainage area fees established as a result of the forthcoming Master
Drainage Plan Update.
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The developer shall comply with all the rules, regulations and design requirements of the
respective sewer and water agencies regarding services to the project.
The developer shall be responsible for coordination with S.D.G.&E., Pacific Telephone, and
Cable TV authorities.
All concrete terrace drains shall be maintained by the homeowners association (if on
commonly owned property) or the individual property owner (if on an individually owned
lot). An appropriately worded statement clearly identifying the responsibility shall be
placed in the CC&R’s.
Approval of this tentative tract map shall expire twenty-four (24) months from the date
of City Council approval unless a final map is recorded. An extension may be requested
by the applicant. Said extension shall be approved or denied at the discretion of the City
Council. In approving an extension, the City Council may impose new conditions and may
revise existing conditions pursuant to Section 20.12.110(a)(2) Carlsbad Municipal Code. .
The applicant shall agree to utilize reclaimed water, in Type I form, on the subject
property in all common areas as approved by the City Engineer. Reclaimed water, as
defined in Section 1305(n) of the California Water Code, means water which, as a result
of treatment of wastewater, is suitable for a direct beneficial use or controlled use that
would not otherwise occur.
Direct access Iights for Lots 2, 15, 17,26, 27, 33, 34, 39, 47 and 55 in and to Broccato
Lane shall be waived on the final map.
The median landscaping in Batiquitos Drive shall be maintained in perpetuity by the
homeowners association or a maintenance district as may be established to the satisfaction
of the City. Prior to the final map approval, appropriate wording and insurance
requirements shall be included in the CC&R’s or a maintenance district shall be established
to the satisfaction of the City Engineer and City Attorney.
This project is approved as a two unit project Should the developer decide to final map
and develop out of numerical sequence with the units shown on the tentative map all
conditions and improvement requirements of the proceeding unit shall be completed to the
satisfaction of the City Engineer.
72(A) Prior to the issuance of building permits for Lots 33, 34, 3948 and 53-56, a deed
disclosure shall be placed on the deed to these properties subject to the satisfaction of the
Planning Director and City Attorney notifying all interested parties and successors in
interest that soils and geologic conditions exist on such property requiring remedial
measures specified in geotechnical and soils reports submitted for this project and that
these soils and geotechnical reports and other project details are on file with the City of
Carlsbad Planning Jkpartmen~ The Developer has been conditioned to comply with such
remedial measures and certifies that it (developer) has complied with said measures.
73. The lots in the lower portion of the project (lots 33,34,3948,53, SLS, 55 and Sa), which
are at or below the existing 20 foot contour, are underlain with saturated alluvium
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material and are subject to some settlement due to liquefaction during a seismic event
Even though remedial measures have been proposed to mitigate these seismic related
impacts some danger to the pad or structures located thereon may still occur. The
developer shall therefore record a soils and geotechnical hold harmless agreement in a
form acceptable to the City Engineer and City Attorney prior to fkral map approval. III addition a geotechnical caution notice written in verbiage acceptable to the City Engineer
sha.UbeplacedontheSnalmapforUnit1.
All grading erosion control and buikhng site plan design and construction shall adhere to
the requirements of the Earth and Hydrological Mitigation Measures contained in
Appendix L of the final environmental impact report for the project
Grading operations shall be limited to the days between June 1 and October 1 unless
otherwise approved by the City Engineer, Planning Director and California Department of
Fish and Game and Coastal Commissi on. Any approval to grade prior to June 1 shall be
based upon information satisfactory to the above agencies that such grading shall not
negatively impact the California Black Tailed Gnatcatcher.
Prior to grading permit issuance, the developer shall submit a dust control program on the
site for approval of the City Engineer. The program shall detail the measures necessary
to comply with the Air quality mitigation measures as contained in Appendix L of the Final
Environmental Impact Report for the project
No building permit shall be issued for the project until and unless there is adequate
capacity within the Batiquitos lift station as determined by the City Engineer.
One of the model units for this project shall be landscaped with drought tolerant species
subject to the approval of the Planning Director. Prior to issuance of building permits for
the model rmits, the developer shall prepare a homebuyers landscaping information packet
which includes information on drought tolerant landscaping designs plus a list of
recommended trees and s&rubs, and a one page letter containing the soils engineer
landscaping recommendations for the building pad sites. This packet shall be approved
by the City Landscape Planchecker and included within the disclosures given to
homebuyers during sale of the property.
Based upon a review of the proposed grading and the grading quantities shown on the
tentative map, a grading permit for this project is required. Prior to approval of a final
map for the project, the applicant must submit and receive approval for grading plans in
accordance with City codes and standards, be issued a grading permit and complete the
grading work in substantial conformance with the approved grading plans.
The desiltation basin located at the south end of the project site will be maintained by the
Homeowners Association on a permanent basis. The association agmement and bylaws
and the project CC&R’s shall contain provision for the regular maintenance and repair of
the facility to the satisfaction of the City F@neer and City Attorney.
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Water Conditions:
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The Developer shall meet 4 conditions of the District’s adopted Master Plan and the
Developer shall install all offsite water improvements necessary to provide adequate
pressure and demand.
The Developer shall meet with the Fire Marshal and the District Engineer and review the
prelimbq water system layout PRIOR to preparation of the mylar improvement plans.
The Developer shall be responsible for the construction of the entire water system and
appurtenances (which includes the construction of water lines, pressure reducing station
and the relocation of existing water line). The Developer must meet with the District and
resolve Developer/District part in insMing the 16” water line installation crossing
Interstate No. 5.
The Developer will be responsible for all fees and deposits of subject project including the
major facilities charge which will be collected at time of issuance of building permits.
Fire Conditions:
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Additional public and/or onsite fire hydrants shall be provided if deemed necessary by the
Fire Marshal.
The applicant shall submit two (2) copies of a site plan showing locations of existing and
proposed fire hydrants and onsite roads and drives to the Fire Marshal for approval prior
to issuance of a building permit.
An all-weather access road shall be maintained throughout construction.
All required fire hydrants, water mains and appurtenances shall be operational prior to
combustible building materials begin located on the project site.
Fire retardant roofs shall be required on all structures.
Brush clearance shall be maintained according to the specifications contained in the City
of Carlsbad Landscape Guidelines Manual.
All fire alarm systems, fire hydrants, extinguishing systems, automatic sprinklers, and other
systems pertinent to the project shall be submitted to the Fire Department for approval
prior to construction.
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PC RESO NO. 3110 -12-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission
of the City of Carlsbad, California, held on the 17th day of October, 1990, by the following vote,
to wit:
AYES: Chairperson Schramm, Commissioners: Schlehuber, McFadden, Erwin and
Marcus.
NOES: None.
ABSENT: Commissioners Hall and Holmes.
ABSTAIN: None.
SHARON SCHRAMM,‘Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEI/J. HOLZMILLdR
PLANNING DIRECTOR
PC RESO NO. 3110 -13-
ATTACHMENT ‘A’
BROCCATO
I. Earth
1. Prior to the issuance of any grading permits, the applicant shall submit a detailed,
comprehensive geotechnical evaluation prepared by a professional soils engineer for
the review and approval of the City Engineer.
2. Areas of alluvial and colluvial soils shall be indicated on the grading plans. A note
shall be placed on the grading plans which indicates, “Alluvial and colluvial soils shall be completely removed to the depth at which bedrock is encountered in areas
which will support structures or structural fill. Partial removal of at Ieast 5 feet of alluvium in the main valley floor shall be performed in areas where the depth of
alluvial material precludes total removal.
3. All fill grading operations shall be supervised by a professional soils engineer.
4. During the grading period, the applicant shall; install a minimum of three settlement
monuments at the prepared surface of the alluvium, the pipe extended to the surface
as fill is placed, and levels shot by the project surveyor. Prior to issuance of any
building permits, primary settlement shall be complete. This provision shall be
monitored by a professional soils engineer.
5. Prior to issuance of Certificates of Occupancy for stNctures planned in the alluvium
area as identified on the grading plan, the developer shall install heavily reinforced
foundation systems per the recommendations contained in the Geotechnical Report.
6. Prior to issuance of any building permits, the developer shall submit for review and
approval to the City Building Department plans which conform to the Uniform
Building Code (UBC) and the City’s Seismic Design Standards.
7. During the construction period, a profession soils engineer shall monitor temporary
catch basins and shall ensure that collected sediments are properly disposed at a
Class II or Class III soil disposal site. A note to this effect shall be placed on the
approved grading plan.
8. Grading operations shall be limited to the days between June 1 and October 1
unless otherwise approved by the City Engineer, Planning Director, Coastal
Commission and California Department of Fish and Game.
II. Air oll&g
9. A note shall be placed on all grading plans specifying that grading shall be done in
compliance with SDAPCD and CARB standards and requirements and dust control
standards in Title 24 of the California Administrative Code. The City Engineering
Department shall monitor for compliance during all grading operations of the
project.
10. A note shall be placed on all grading plans specifying that watering of the graded
site shall take place before and during grading operations to minimire dust
generation. A water truck/trucks shall be required to be onsite at all times to the
satisfaction of the City Engineer. The City Engineering Department shah monitor
for comphance during all grading operations of the project.
III. Hvdrolony
II.
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17.
Gravel bags shall be placed in gutters and other locations during the period between
October 1 to April 15 to the satisfaction of the ciry Engineer.
AlI graded pads not intended to be immediately built upon and cut/fill slopes shall be hydroseeded, fertilized and hydromulched with a seed mix approved by the City
Engineer immediately following their completion and not later than October 1 of
each year.
The applicant shall prepare and submit a detailed Habitat Enhancement Landscape
and Irrigation Plan. This plan shall require the approval of the Planning Director
and the Department of Fish and Game, prior to the issuance of a grading permit,
The applicant shall maintain the plantings and erosion control devices on the site
until relieved of the responsibility by the homeowners association or the City
Engineer.
Prior to grading permit issuance, the applicant shall submit for the review and
approval by the City Engineer, a plan for emergency erosion control including
provisions for equipment and workers to be available at all times during the rainy
season (October 1 to April 15). All necessary emergency erosion control devices
shall be stockpiled on the site at convenient locations to facilitate rapid construction
of temporary devices when rain is imminent. All removable erosion control devices
shall be in place at the end of each working day when the five day rain probability
forecast exceeds 40 percent.
The applicant shall install any erosion control measure, in addition to those
identified on the approved grading plan, as required by the City Engineer due to
incomplete grading operations or unforeseen circumstances which may arise.
A note shall be placed on the grading plans indicating that at the conclusion of each
working day, all graded areas around the project perimeter must drain away from
the kc of the slopes.
Iv. Biolonv
18. Areas of biological sensitivity, including lagoon wetlands, wetlands buffer, coastal
salt marsh and areas of Coastal Sage Scrub where development is not to occur
according to the site plan, shall be identified and noted as being off-limits for
construction activity on the grading plans. These areas shall be staked and flagged
in the field by a qualified biologist acceptable to the Planning Director. ‘Ihe
qualified biologist shall cc&y through biweekly written reports, that the sensitive
areas are not being disturbed.
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19. Prior to the issuance of a grading permit, the applicant shah submit a detailed
Habitat Enhancement Plan for review and approval by the Planning Director and the
California Department of Fish and Game. Prior to the issuance of any Certificates
of Occupancy, the developer, in consultation with a qualified biologist experienced
in native plant restoration work, shall implement the Habitat Enhancement Plan as
appruved. As part of the Habitat Enhancement Plan, the wetland and wetland
buffer area shall be enhanced and restored to its natural condition by revegetating
tracks and other disturbances. Equipment to be used to complete such wetland and
buffer enhancement shall be specified by the Department of Fish and Game.
20. Prior to issuance of a grading permit, the applicant shall submit for the review and
approval of the Planning Director evidence confirming that a qualified consuhing
biologist has been retained to supervise and monitor biological mitigation during
construction.
21. Prior to the issuance of any grading permit, the applicant shall provide evidence
acceptable to the Planning Director that the consulting biologist has attended at
least one meeting with the general construction contractor to become acquainted
with the construction schedule and to familiarize the contractor with the required
biological mitigation conditions.
22. During the grading and construction phase of the project, the consulting biologist
shall monitor grading adjacent to native vegetation to be preserved or when any
construction is under way in the designated wetland buffer. The biologist may
temporarily halt, divert, or redirect construction activity to insure that impacrs to
biological resources are minimized. The consulting biologist shall restrict access to
sensitive areas, inform construction workers about out-of-bounds areas, and monitor
the work as it proceeds.
23. The consulting biologist shall supervise revegetation of all native or enhanced
habitat areas according to the specifications of the Habitat Enhancement Plan. Any
biological resource areas inadvertently or accidentally disturbed shall be subject to
restoration to the satisfaction of the Department of Fish and Game and the Planning
Director.
24. Prior to building permit issuance, a program which provides for the monitoring of
the biological resources and the Habitat Enhancement Plan for a period of five years
and which requires that reports be filed with the Department of Fish and-Game and
t& City of Carl&ad on an annual basis shall be submitted for review and approval
by the Planning Director. Any corrective action requested in writing by the City
Pknning Director or the Deparhnent of Fish and Game to achieve compliance with
the goals of the Habitat Enhancement Plan during this five year period shall be
implemented within 60 days or as specified by the City. ~
25. Prior to issuance of a grading permit, the applicant shall record a deed restriction
over the entire lOO-foot wetland buffer setback area to restrict the property for open
space/wildlife uses only, except for the following: a) public access provided by the
trail, road, and parking lot as shown on the final map, and b) a desiltation basin.
Private improvements, such as storage buildings, pools, spas, etc., shall be
specifically prohibited.
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26.
v. Noise
27.
28.
29.
30.
31.
32.
33.
Prior to the issuance of any building permit, the applicant shall submit evidence
satisfactory to the Planning Director that an offer of dedication of the wetland and
wetland buffer has been made to the State Lands Commission.
Prior to the occupancy of any of the dwelling units, the project applicant shall be
required to construct a sound attenuation wall/berm ranging between 6 and 8 feet
in height along the western and/or southern property lines of lots 41, 42, 43, 44,
45, 46 and 48 consistent with the recommendations of the Supplementai Noise
Analysis for Broccato at Batiquitos Shores, (Ekcon, 1990).
Prior to the occupancy of units on lots 40 - 48, mechanical ventilation shall be
required to be incorporated into these stntctures consisterrr with the
recommendations of the Supplemental Noise Analysis for Broccato at Baciquitos
Shore (Recon, 1990).
Prior to the occupancy of units on lots 44, 45, 46 and 48, fully enclosed 3/8 inch
glass or plexiglass balcony barriers shall be required to be constructed on all second
story unit balconies.
Prior to the recordation of the first Enal tract map or the issuance of residential
building permits, whichever is first, the owner of record of the property within the
boundaries of this tentative tract map shah prepare and record a notice that this
property is subject to overflight, sight, and sound of aircraft operating from Palomar
Airport in a manner meeting the approval of the Planning Director and the City
Attorney. The applicant shall post aircraft noise notification signs in all sales and/or
rental offices associated with the new development. The number and locations of
said signs shall be approved by the Planning Director.
Prior to issuance of any Certificate of Occupancy, ail required noise mitigation as
specified in the Supplemental Noise Analysis for Broccato at Batiquitos Shores
(Recon, 1990), shall be complied with and consuuction of the residences shall be
in conformance with the approved plans to the satisfaction of a City Building
Department Inspector.
A note shall be placed on all building plans specifying the hours that consauction
activities may occur. The City Building Inspector shall stop construction activities
on the site between the hours of sunset and 7 a.m. Monday through Friday and
sunset through 8 am on Saturday. No construction will be permitted on Sundays.
All construction equipment, fixed or mobile, operated within 1,000 feet of an
occupied dwelling unit shall be equipped with properly operating and maintained muffler exhaust systems. This provisions shall be monitored by the City Building
Depamnent Inspector.
I
.
VI. Land USC ’
34. Prior to issuance of any Certificates of Occupancy, the applicant shall install a
barrier as identified on the Final Tract Map, along the southern edge of the
Batiquitos Lagoon trail to provide a barrier to access. Interpretive signs, consistent
with those along the Aviara trail, shall be provided at the trail head and/or along
the trail at locations subject to the review and approval of the Planning Director.
VII. Utilities
3s. The project shall implement water comcepatiott measures such as water-efficient
plumbing fixtures and water reclamation standards in conformance with State and
Local Law and Policies.
VIII. Cultural Resources
36. Prior to issuance of any grading permits, the location of SDi-600 shall be identified
with stakes and flagged as off-limits to construction activity or grading associated
with the project. The marking devices shall remain on the site at all times during
project construction.
37. SDi-600 shall be identified on the grading plans as off-limits to all construction
activity.
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PLANNING COMMISSION RESOLUTION NO. 3111
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A
SITE DEVELOPMENT PLAN FOR 72 SINGLE FAMILY DWELLING
UNITS ON PROPERTYGENERALLY LOCATED ALONG THE NORTH
SHORE OF BATIQUITOS LAGOON, SOUTH OF THE SPINNAKER
HILLS DEVELOPMENT AND WEST OF THE AVIARA MASTER
PLAN.
CASE NAME: BROCCATO
CASE NO: SDP 89-7
WHEREAS, a verified application has been filed with the City of Carlsbad and
referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request as provided by Title 21
of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on the 17th day of October, 1990, consider said request on property described
as:
All or portions of lots 1, 11 and 12 in Section 33, Township 12
south, Range 4 west, San Bernardino Meridian.
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to SDP 89-7.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the
City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission recommends
APPROVAL of SDP 89-7, based on the following findings and subject to the following
conditions:
Findings :
1. All findings of CT 89-19, Resolution No. 3110, and EIR 89-1, Resolution NO. 3108, are
incorporatd herein by reference.
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That the requested use is properly related to the site, surroundings and envirormrental
settings, is consistent with the various elements and objectives of the general plan, will not
be detrimental to exkting uses or to uses specifically permitted in the area in which the
proposed use is to be located, and will not adversely impact the site, surroundings or
mffic circulalion.
That the site for the intended use is adequate in size and shape to accommodate the use.
That all of the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be
provided and mainmined.
That the street system serving the proPosed use is adequate to properly handle all traffic
generated by the proposed use.
That the project has been designed to address the environmental considerations of its
location within the Batiquitos Lagoon Special Resource Area.
Conditions:
1. All conditions of CX 89-19, Resolution No. 3110, and HR 89-1, Resolution No. 3108, are
incorporated herein by reference. Refer to these documents for all conditions and
mitigation measures applicable to the development of the Broccato project site.
2. Approval of SDP 89-7 is granted subject to the approval of ZC 89-6, CT 89-19, EIR 89-l
and HDP 89-37.
3. Approval is granted for SDP 89-7, as shown on Exhibit(s) “A” - “T”, dated September 18,
1990, incorporated by reference and on file in the Planning Department. Development
shall occur substantially as shown unless otherwise noted in these conditions.
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PC RESO NO. 3111 -2-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 17th day of October, 1990, by the
2 following vote, to wit: 3
AYES: 4 Chairperson Schramm, Commissioners: Schlehuber, McFadden,
Erwin and Marcus.
5 NOES: None.
6 ABSENT: Commissioners Hall and Holmes.
7 ABSTAIN: None.
a
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10 SHARON SCHIWMM, Chairperson
CARLSBAD PLANNING COMMISSION 11
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PLANNING COMMISSION RESOLUTION NO. 3112
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD,
CALIFORNIA, RECOMMENDING APPROVAL OF A HILLSIDE DEVELOPMENT
PERMIT ON PROPERTY GENERALLY LOCATED ALONG THE NORTH SHORE OF
BATIQUITOS LAGOON, SOUTH OF THE SPINNAKER HILLS DEVELOPMENT AND
WEST OF THE AVIARA MASTER PLAN.
CASE NAME: BROCCATO
CASE NO.: HDP 89-37
WHEREAS, a verified application for certain property to wit:
All or portions of lots 1, 11 and 12 in Section 33, Township 12 south, Range 4 west, San Bernardino Meridian,
has been filed with the City of Carlsbad and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request as provided by Title 21 of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 17th day of October, 1990, consider said
request; and
WHEREAS, at said hearing, upon hearing and considering all testimony and arguments,
if any, of all persons desiring to be heard, said Commission considered all factors relating to the
Planning Commission Determination; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission recommends
APPROVAL of HDP 89-37, based on the following findings and subject to the following
conditions:
Findinns:
1. All findings of CI’ 89-19, Resolution No. 3110, and EIR 89-1, Resolution No. 3108, are incorporated hereiu by reference.
2. The project complies with all of the development and design provisions of the Hillside
Ordinance.
3. The net grad@ amounts of 7988 cubic yards per acre falls within the acceptable range
required by the City Hillside Development Ordinance.
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4. The project does not encroach into major 40% slope areas or create manufactured slopes
greaterthan3Ofeetinheight
5. The project (1) prexrves and enhances offsite and onsite lagoon view respectively, (2)
prexrves all steep hillsides and sensitive environmental resources in open space, and (3)
incorporates terraced pads and contour grading into its design.
Conditions:
1. All conditions of CT 89-19, Resolution No. 3110, and EIR 89-1, Resolution No. 3108, are
incorporated herein by reference. Refer to these documents for all conditions and
measures applicable to the Broccato project
2. Approval is granted for HDP 89-37, as shown on Exhibit(s) “C” - “F”, dated September 18,
1990, incorporated by reference and on file in the Planning Department. Development
shall occur substantially as shown unless otherwise noted in these conditions. Any
proposed grading and/or development substantially different from this approval as
determined by the Planning Director, shall require an amendment to this Hillside
Development Permit
3. Approval of HDP 89-37 is granted subject to the approval of ZC 89-6, m 89-19, SDP 89-7
and EIR 89-l.
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PC RESO NO. 3112 -2-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission
of the City of Carlsbad, California, held on the 17th day of October, 1990, by the following vote,
to wit:
AYES: Chairperson Schramm, Commissioners: Schlehuber, McFadden, Erwin and
Marcus.
NOES: None.
ABSENT: Commissioners Hall and Holmes.
ABSTAIN: None.
k9:;
,> PLANNING DIRECTOR
PC RESO NO. 3112
SHARON SCHRAMM, Chair-person
CARLSBAD PLANNING COMMISSION
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APPLICAI’ION COMPLETE DATE:
August 24. 1989
Gd STAFF REPORT
DATE:
TO:
FROM:
SUBJECT:
OCTOBER 17, 1990
PLANNING COMMISSION
PLANNING DEPARTMENT
EIR 89-l/ZC 89-6KT 8%1WSDP 89-7/HDP 89-37 - BROCCATO - Request for the
certification of an Environmental Impact Report and the approval of a Zone Change
(from LC to OS and R-1-7500-Q), a 79 lot/72 dwelling unit Tentative Tract Map,
a Site Development Plan, and Hillside Development Permit on property located along
the north shore of the east basin of Batiquitos Lagoon, south of the Spinnaker Hills
Development, east of the Sea Cliff Development, and immediately west of the Aviara
Master Plan, in Local Facilities Management Zone 19.
I. RECOMMENDATION
0 3
That the Planning Commission ADOPT Planning Commission Resolution No. 3108 recommending
certification of EIR 89-l and ADOPT Planning Commission Resolution No.‘s 3109, 3110, 3111 and
3112 recommending APPROVAL of ZC 89-6, CT 89-19, SDP 89-7 and HDP 89-37 to the City
Council based on the findings and subject to the conditions contained therein.
II. PROJECI. DESCRIPTION AND BACKGROUND
The applicant is requesting several discretionary approvals for a 40.95 acre property which is
located as described above. The discretionary approvals include: (1) certification of an
Environmental Impact Report which addresses all other discretionary approvals requested for this
project, (2) a Zone Change from LC (Limited Control) to R-1-7500-Q (minimum 7500 sq. ft.
Residential lots with a Qualified Development Overlay) and OS (Open Space), and (3) a Tentative
Tract Map, Site Development Plan and Hillside Development Permit for the development of the
40.95 acre property. The property is also located within the Coastal Zone (Mello II) and will
require a Coastal Permit, issued by the California Coastal Commission.
The subject property is under three General Plan designations. The northern 11.90 acres of the site
is designated RLM (3.2 du/acre). The southernmost 1.80 acres adjacent to Batiquitos Lagoon is
designated open space and the remainder of the site (27.25 acres) is designated RM (6.0 du/acre).
The proposed project (72 dwelling units) would be located on a 40.95 acre site (23.10 net acres)
and have a net density of 3.1 du/acre. This density is well below the site’s maximum permitted net
density of 5.03 du/acre.
As shown on Exhibit “A”, the project consists of 79 lots, 7 of which are comprised of undisturbed
Coastal Sage dominated slope areas and wetlands which will be maintained as common open space
(total of 18.34 acres) and 72 of which are a minimum of 7500 square feet in area and are to be
developed with detached single family residences ranging in size from 2350 square feet to 3500
square feet. (See Exhibits “Q” - “T’).
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EIR 89-l/ZC 89-6/CT 89-19/aDP 89-7/HDP 89-37 - BROCCATO
OCTOBER 17,199O
Sixteen of the proposed 72 dwelling units will be single story (measuring 22.5 feet to the tallest
roof peak). The other 56 dwelling units will be two stories in height (measuring between 26.5 feet
and 28.5 feet to the tallest roof peak). The architecture of the proposed structures is California
Traditional in style (see Exhibits “I” - “P”), incorporating gabled roof form, light colored stucco
walls, balconies, boxed cornices and arched entryways. Roof and facade articulation have been
incorporated into the project to add interest and relief. Each unit will also include a three car
garage.
Other project amenities include a 10 foot wide Batiquitos Lagoon public access trail located within
the southern portion of the property, and extending from the terminus of Floria Court to an access-
way to the Batiquitos Pump Station located immediately to the east of the project site. This Lagoon
access trail will connect with the Lagoon trail constructed within the Aviara Master Plan Area to
the east. A six space Lagoon trail public parking lot will also be provided at the southern terminus
of Broccato Lane. As noted above, 18.34 acres, or 44% of the project site, will be maintained as
common open space. This open space is comprised of undisturbed, Coastal Sage covered canyon
slopes which are located within the eastern and western perimeters of the property, and the
Batiquitos Lagoon wetlands and wetland buffer area.
The proposed project would be accessed via Batiquitos Drive (an 84 foot wide secondary arterial)
which will be extended in an east-west direction through the northern portion of the site. Broccato
Lane, (a 60 foot wide local street) will be constructed to intersect with Batiquitos Drive, thereby
providing vehicular as well as pedestrian and visual access to Batiquitos Lagoon and that portion
of the project which is located to the south of Batiquitos Drive. An “L”-shaped cul-de-sac (Floria
Court) will provide access to the project residences located to the north of Batiquitos Drive.
As proposed, the project will require the grading of 31.81 acres of the 40.95 acre site. The site will
be graded to create pads on progressively higher terraces to the north of Batiquitos Lagoon and on
the east and west sides of Broccato Lane. The grading for the proposed project is not balanced
onsite. As proposed the project includes 354,700 cubic yards of fill and 235,200 cubic yards of
excavation onsite. An additional 119,500 cubic yards must be imported to the site to complete the
proposed project. It should be noted that approximately 100,000 cubic yards of the proposed
grading quantity is needed to construct the proposed Batiquitos Drive through the project site.
The applicant has identified the area along the future extension of Batiquitos Drive within the
Aviara Master Plan property as the source for the proposed import material, If this imported soil
must be obtained from any other area outside of the Aviara Master Plan, the project has been
conditioned to undertake full environmental review and obtain the necessary City permits before
grading may proceed on any offsite borrow site.
The project site is undeveloped and is characterized by a northwest-southeast trending valley. The
valley is narrow to the north, wider to the south and flanked by moderately steep slopes along its
eastern and western edges. Most of the steep slopes are covered with Coastal Sage Scrub. The
southern portion of the site contains salt marsh and brackish marsh wetland vegetation. A non-
native stand of Eucalyptus trees is located within the south-central upland portion of the site. Most
of the central portion of the site has been disturbed by human activity associated with an existing
roadway and storm drain which are located onsite. The site is surrounded by Batiquitos Lagoon
to the south, the existing single family Spinnaker Hills Development to the north, the Aviara Master
Plan (Planning Areas 29 and 30) to the east and the existing single family and duplex Sea Cliff
Development to the west.
EIR 89-l/ZC 896/CT 89-19/sDP 89-7/HDP 89-37 - BROCCATO
OCTOBER 17, 1990
ANALYSIS
ENVIRONMENTAL IMPACT REPORT
Certification of an Environmental Impact Report is being requested. The Environmental Impact
Report (EIR 89-l) addresses the environmental impacts associated with the proposed project
including all discretionary applications. In response to the draft EIR, the Tentative Map and Site
Development Plan have gone through substantial revision. Environmental review has been
completed pursuant to the California Environmental Quality Act and mitigation measures identified
in EIR 89-l have been incorporated into the project through redesign or as mitigating conditions
of approval.
The EIR Executive Summary identifies project impacts as well as appropriate mitigation measures.
It also assesses impacts after the application of the mitigation measures. These mitigation measures
have reduced the identified impacts to a level of insignificance in all cases except air quality. This
issue, and all other issues for which significant environmental impacts were identified in the EIR,
are summarized below. Environmental impacts on cultural resources were considered adverse but
less than significant. Environmental impacts in the following areas were found to be less than
significant: transportation/circulation, public service except schools, utilities except wastewater
collection.
1. Air Quality
The EIR states that individually the proposed project will not have a significant impact upon
air quality. However, because the project would be located within an air basin which is
designated as a “nonattainment” area for certain air pollutants, it would result in a
cumulatively significant and unmitigable impact upon regionwide air quality when
combined with all other projects within the San Diego Air Basin. Staff disagrees with this
position as discussed below.
The San Diego Association of Governments (SANDAG) Regional Growth Forecast
projections (Series 7) are used by the San Diego Air Pollution Control District to establish
Regional Air Quality Strategies (those strategies which are recommended for purposes of
bringing the air basin into compliance with Federal and State air quality standards). One
of the most effective mitigation measures for controlling air pollution generation is through
the reduction of development intensity within the region. The proposed project (72 du’s)
represents less than 60% of the potential development permitted onsite per the General Plan
and the Series 7 Regional Growth Forecast. Otherwise, the only measure likely to mitigate
the cumulative regional air quality impact to a level below significant would be to curtail
future development in the air basin until attainment is achieved, or reduce the region’s
dependency upon the automobile.
It is staffs opinion that the project, through density reductions, is incrementally contributing
to the regional air quality solution. Complete mitigation of the regionwide air quality
problem shall require regionwide efforts beyond the scope of this project. In accordance,
it is staffs opinion that the project will not create a significant and unmitigable impact upon
air quality.
EIR 89-l/ZC 89-6/CT 89-19/SDP 89-7/HDP 89-37 - BROCCATO
OCTOBER 17, 1990
2. Earth Resources
Appropriate mitigation measures have been incorporated into the conditions of approval to
control erosion of hillsides and reduce the potential for liquefaction, as a result of alluvial
soils, to levels less than significant. In addition, the project was redesigned to reduce
grading on slopes over 40% grade. The proposed project now conforms to the City’s
Hillside Ordinance and all pertinent Local Coastal Plan policies and regulations.
3. Hvdrolonv
The proposed project lies within a 52 square mile watershed which flows into Batiquitos
Lagoon. A permanent desiltation basin located at the south end of the property has been
incorporated in the proposed project. Once developed, the proposed project will result in
a decreased amount of siltation into the lagoon. Temporary measures will also serve to
reduce the impacts of the proposed project on hydrologic resources to below significant.
The project complies with LCP erosion and runoff policies.
4. Biological Resources
The proposed project, as originally submitted, intruded into the required 100 foot wetland
buffer. The project has been redesigned to eliminate all unacceptable encroachment.
The site contains a total of 15.6 acres of Coastal Sage Scrub with approximately 10.4 acres
on slopes greater than 25%. As originally designed, the proposed project, excluding grading
required for Batiquitos Drive and Floria Court (which is exempt), encroached on less than
one acre, or 10% of the slopes greater than 25% covered with Coastal Sage Scrub. The
project has been redesigned to reduce the encroachment to approximately 5% which is
required for the reasonable use of the property and is permitted by the LCP.
In addition to preserving the undisturbed habitat on the eastern and western edges of the
property, the applicant has proposed a Habitat Enhancement Plan to provide for the
enhancement and revegetation of existing, disturbed habitat.
Several other mitigation measures have been incorporated into the conditions of approval
to reduce the impacts of the proposed project on biological resources to below significant.
5. Noise
The southwestern area of the site is exposed to vehicular noise from Interstate 5 located to
the southwest of the project. The proposed project incorporates a combination of berming
and noise attenuation walls and mechanical ventilation for lots to mitigate the noise to
acceptable levels per the City’s Noise Policy No. 17. Project redesign also served to reduce
the number of dwelling units exposed to excessive noise levels. The project meets all City
noise standards and all provisions of the recently adopted Administrative Noise Policy.
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EIR 89l/ZC 89-6/CT 89-19/ aDP 89-7/HDP 89-37 - BROCCATO
OCTOBER 17, 1990
PAGE 5
6.
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Land Use
The proposed project is compatible with surrounding land uses. The site is bordered on the
north, west and east by existing and proposed residential development.
As originally submitted, the proposed project did not comply with the LCP requirement for
a 100 foot wetland buffer. The project was redesigned to eliminate all unacceptable
encroachment. In addition, the project was redesigned with respect to steep slope
encroachment (see discussion of Biological Resources above). The proposed project now
complies with all applicable City and Coastal land use policies.
Schools
The proposed project will generate approximately 38 students (72 dwelling units x 0.52
students/du). To mitigate the proposed project’s demand on school facilities, the developer
is participating in the Carlsbad Unified School District No. 1 (Mello-Roos).
Wastewater Collection
The proposed project will generate approximately 17,700 gpd of sewage (246 gpd per EDU)
and will sewer south into the Batiquitos lift station. The Batiquitos lift station has limited
capacity (approximately 1,000 additional EDU’s). No building permits will be issued in this
area unless adequate capacity is available.
Aesthetics/Visual Qualitv
The Draft EIR found that aesthetic impacts were significant “because the project is proposed
to encroach into the wetland buffer area.” The proposed project has been redesigned to
eliminate all unacceptable encroachment. In addition, the project has been designed to
preserve views from existing residences to the Lagoon and single story units have been
plotted on the homes closest to the Lagoon to afford as gradual a transition as possible.
The proposed project includes a number of architectural features to minimize the visual
impact of the proposed development, including: hip roofs to maintain a low profile, four-
sided architecture to avoid massive solid walls, a variety of window shapes and sizes, muted
roof tiles and soft colors.
In conclusion, based on the environmental analysis contained in EIR 89-1, plus staffs position on
the issue of Air Quality, staff is recommending that the Planning Commission find that all identified
project related impacts can or have been reduced to a level of insignificance by the application of
mitigation measures and conditions contained in the EIR. Therefore, project approval would not
require the decision makers to make findings of overriding consideration.
EIR 89-l/ZC 89-6/CT 89-19/ &P 89-7/HDP 89-37 - BROCCATO
OCTOBER 17, 1990
ZONE CHANGE - ZC 89-6
Planning Issues
1. Are the proposed Zone Changes consistent with the Land Use Element of the General Plan?
2. Would the uses allowed by the proposed Zone Change be compatible with the surrounding
land uses?
DISCUSSION
The subject property is currently designated LC (Limited Control). The purpose of the LC zone is
to provide an interim zone for areas where planning for future land uses has not been completed
or plans for development have not been formalized. When an appropriate plan for the property has
been completed, as in this instance, CT 89-19/SDP 89-7, the property may be rezoned in
accordance. The applicant is proposing to rezone the property to R-1-7500-Q (minimum 7500 sq.
ft. single family residential lots with a Qualified Development Overlay) and OS (Open Space) as
shown on Exhibit “Z”. As discussed earlier, the subject property is currently under three General
Plan designations, RLM, RM and OS. This requested Zone Change would rezone to open space
those portions of the property currently designated as open space on the General Plan, in addition
to the onsite Batiquitos Lagoon wetlands and 100 foot wetlands buffer area. The remainder of the
property which is designated RLM or RM on the General Plan would be rezoned to R-1-7500-Q.
The project site is located within the Batiquitos Lagoon Special Resource Area of the General Plan.
Because of the Citywide and regional significance of Batiquitos Lagoon, the Q Overlay Zone (which
requires the processing of a Site Development Plan) is also being requested. All of the requested
Zone Changes would be consistent with the underlying RLM, RM and OS designations of the Land
Use Element of the General Plan. Specifically, the General Plan indicates that single family homes
would be a residential product type consistent with RLM and RM General Plan land use
designations. In addition, the rezoning of the Batiquitos Lagoon wetlands and 100 foot wetland
buffer to open space will function to enhance and preserve Batiquitos Lagoon as an important
biological and aesthetic resource.
In that the surrounding land uses include single family residences to the north (Spinnaker Hills),
a combination of single family and duplex residences to the west (Sea Cliff), future proposed single
family residential to the east (Aviara Planning Areas 29 and 30) and Batiquitos Lagoon to the south,
the detached single family residence and open space uses permitted by this proposed Zone Change
would be compatible with these surrounding land uses.
TENTATIVE TRACT MAP/HILLSIDE DEVELOPMENT PERMIT - CT 89-19/HDP 89-37
Planning Issues
1. Does the proposed Tentative Subdivision Map satisfy all requirements of the Zoning
Ordinance, Subdivision Ordinance and the State Map Act?
2. Does the proposed Tentative Map comply with the requirements of the Hillside Ordinance
(Chapter 21.90 of the Carlsbad Municipal Code)?
3. Is the proposed Tentative Map in compliance with the Interim Open Space Ordinance?
EIR 89-l/ZC 89-6/CT 89-lr/SDP 89-7/HDP 89-37 - BROCCATO
OCTOBER 17, 1990
PAGE 7
DISCUSSION
Tentative Map
The 79 lot/72 dwelling unit Tentative Tract Map conforms with all requirements of the R-1-7500
zone, Carlsbad’s Subdivision Ordinance and the State Map Act. All proposed residential lots will
front on publicly dedicated streets and meet the minimum development standards of the R-1-7500
zone. Specifically, all lots are:
1. A minimum of 7500 square feet in area;
2. A minimum of 60 feet in width;
3. A minimum of 90 feet in depth; and
4. Do not exceed a depth to width ratio of 3:l.
The project also complies with all other development standards of the R-1-7500 zone (see Exhibit
“B”). All structures are:
1. Less than 35 feet (between 22.5 and 28.5 feet) in height;
2. Setback a minimum of 20 feet from fronting residential streets; and
3. Meet minimum sideyard and rearyard requirements.
Hillside
As proposed, the Tentative Map complies with all of the development and design provisions of the
Hillside Ordinance.
Total project grading, excluding that required for the construction of Batiquitos Drive (a Circulation
Element road which is exempted under the Hillside Ordinance) would result in a net fill of 254,100
cubic yards over 31.81 acres, or 7,988 cubic yards per acre. This amount of grading is defined as
“Acceptable” under the Hillside Ordinance.
The project also does not encroach into major 40% slope areas or create manufactured slopes
greater than 30 feet in height.
Consistent with the design guidelines of the Hillside Ordinance, the project has been designed to
(1) preserve and enhance offsite and onsite lagoon views, respectively, (2) maintain all steep
hillsides and sensitive environmental resources (Coastal Sage Scrub and wetlands) in open space,
and (3) incorporate terraced pads and contour grading into the project’s design.
Open Space Ordinance
The project as proposed is consistent with the City’s Interim Open Space Ordinance. Specifically,
the project has been laid out to preserve in open space the Batiquitos Lagoon wetlands, steep slopes
(40% and greater), and native habitat (Coastal Sage Scrub) areas upon the property. In addition,
the project is also maintaining the wetlands buffer in open space, providing a public access via
Broccato Lane to Batiquitos Lagoon, as well as providing a public access trail along the Lagoon’s
northern shore.
EIR 89-l/ZC 89-6/CT 89-19/&P 89-7/HDP 89-37 - BROCCATO
OCTOBER 17, 1990
SITE DEVELOPMENT PLAN - SDP 89-7
Planning Issues
1. Can the four tidings of the Q Overlay Zone, required for the approval of the Site
Development Plan, be made, which are as follows?
1) That the requested use is properly related to the site, surroundings and
environmental settings, is consistent with the various elements and objectives
of the General Plan, will not be detrimental to existing uses or to uses
specifically permitted in the area in which the proposed use is to be located,
and will not adversely impact the site, surroundings or traffic circulation;
2) That the site for the intended use is adequate in size and shape to
accommodate the use;
3) That all of the yards, setbacks, walls, fences, landscaping, and other features
necessary to adjust the requested use to existing or permitted future uses in
the neighborhood will be provided and maintained;
4) That the street system serving the proposed use is adequate to properly
handle all traffic generated by the proposed use.
2. Does the design of the proposed project address the environmental considerations of the
site’s location within the Batiquitos Lagoon Special Resource Area?
3. Is the proposed project in compliance with the Mello II segment of Carlsbad’s Local Coastal
Program?
4. Is the proposed project as designed in compliance with the City’s Noise Policy No. 17?
5. Is the proposed project consistent with the Zone 19 Local Facilities Management Plan?
DISCUSSION
Since the project site is located within the Batiquitos Lagoon Special Resource Area, the applicant
has requested and staff is recommending that a Site Development Plan be processed. Accordingly,
all four findings per the Qualified Development Overlay Zone must be made. All four findings can
be made for the project as proposed and discussed below.
The project has gone through substantial design changes to ensure that (1) it is properly related
to the project site, surroundings and environmental setting, (2) the site is adequate in size and
shape to accommodate the project, (3) all applicable development standards are complied with, and
(4) the surrounding street system is adequate to handle all traffic generated by the project.
Consistent with these project changes, staff is able to make the necessary findings relative to the
project’s compliance with all applicable development standards; i.e. Hillside Ordinance, R-1-7500
zone and Mello II Local Coastal Program (as discussed below). The project has also been revised
to mitigate all potential environmental impacts discussed in EIR 89-1 and to ensure compatibility
EIR 89-l/ZC 89-6/CT 89-19/hDP 89-7/HDP 89-37 - BROCCATO
OCTOBER 17,199O
with surrounding existing or proposed open space and residential uses. During the preparation of
the proposed plan, the project applicant held a variety of workshops with surrounding homeowners,
as well as the Batiquitos Lagoon Foundation. As a consequence of these workshops, the project
was redesigned to provide more one-story units, increase open space, enhance existing, disturbed
sensitive habitat areas and align the proposed Lagoon trail to better respond to anticipated user
needs.
As discussed within the EIR 89-l (Land Use) and earlier in this report, the project is consistent with
all Elements and Objectives of the General Plan. In addition, the project’s circulation system has
been designed to be functional and to integrate well with adjacent uses. The construction of
Batiquitos Drive through the project site will help to provide an additional and much needed east-
west major accessway between El Camino Real and I-5. Broccato Lane will also provide an
important vehicular and pedestrian accessway to Batiquitos Lagoon. With the construction of these
two streets, the surrounding circulation system will be adequate to handle all daily traffic (720
ADT) generated by the project.
Staff believes that the proposed project has been designed with consideration for the sensitive
environmental resources located upon and within close proximity of the project site. The project
site is located on the north shore of Batiquitos Lagoon. Significant environmental resources located
upon the site include; the Batiquitos Lagoon wetlands and 100 foot wetlands buffer zone, and
Diegan Coastal Sage Scrub habitat which is located upon the east and west facing slopes of the
project site. The Diegan Coastal Sage Scrub is the preferred habitat area for the Black Tailed
Gnatcatcher, a candidate species for listing on the Federal Endangered Species List. The biological
survey undertaken upon the property documented five onsite sightings of the bird. In response to
the environmental findings and recommendations of EIR 89-1, the project has undergone substantial
redesign as discussed below.
The project has been redesigned to remove all project development (excluding the lagoon public
access trail, trail parking spaces and a permanent desiltation basin) from the 100 foot wetlands
buffer area. The abovementioned trail associated uses and desiltation basin are uses that are
permitted within the wetland buffer area. As noted earlier, the Batiquitos Lagoon wetlands and
buffer is proposed to be rezoned to open space. In addition, the project applicant has been
conditioned to (1) make an offer of dedication of the wetlands to the State Lands Commission, and
(2) record a deed restriction over the entire 100 foot wetland buffer to allow only uses consisting
of public access, landscaping or public utilities.
The project has also been redesigned to reduce and adequately mitigate the project’s encroachment
into onsite Coastal Sage Scrub habitat as discussed within the Coastal Program section of this
report.
MELLO II LOCAL COASTAL PROGRAM
The project site is located within the MeIlo II segment of Carlsbad’s Local Coastal program (LCP).
The Mello II segment contains a number of land use policies specific to the project site. These
policies include the following:
A. A minimum setback of 100 feet from the wetland boundary shall be required (Policy
3-3(a)).
EIR 89l/ZC 89-6/CT 89-19/arJP 89-7/HDP 89-37 - BROCCATO
OCTOBER 17, 1990
B. At least two-thirds of any permitted development shall be clustered on that half of
the RWOS designated portions of the property (former Savage Property) located
farthest away from the Lagoon (Policy 3-3(b)).
C. Existing mature trees shall be preserved (Policy 3-3(c)).
D. An irrevocable offer to dedicate land for public recreation use, in favor of the City
of Carlsbad or State Coastal Conservancy shall be required as a condition of
development. The required land dedicated shall be of a size adequate to
accommodate public use facilities including some picnic tables and public parking,
and shall include a public access trail parallel to the Lagoon shore of at least 15 feet
in width with unobstructed views to the Lagoon (Policy 3-3(d)).
E. Land divisions shall only be permitted on parcels bordering the Lagoon pursuant to
a single planned development permit over the entire original parcel. The base
residential density shall be a maximum of 12 dwelling units per gross acre,
excluding wetlands (Policy 3-3(e)).
Additional Mello II policies pertaining to development of this site centers around the development
of properties containing steep slopes (25% or greater) which also possess endangered species
and/or Coastal Sage Scrub and Chaparral plant communities. Those areas are to be preserved in
their natural state when such preservation would not preclude any reasonable use of the property.
.A 10% encroachment may be permitted in cases where application of the 25% slope/sensitive
habitat restriction would be “unreasonably restrictive”. This policy doe not apply to the construction
of roads identified on the City’s Circulation Element (Batiquitos Drive). Providing access to flatter
developable areas (Floria Court) is also justification for encroachment into 25% or greater slopes
with sensitive habitat as long as there is no less environmentally damaging alternative available.
Slopes remaining undisturbed are to be placed in permanent open space.
This project complies with all of the above mentioned Mello II Local Coastal Program Policies as
discussed below.
A. All project development (excluding permitted public trail, parking lot and desiltation
basin uses), is located outside of the wetlands buffer, which comprises the 100 foot
setback from the wetlands boundary to the south.
B. The project complies with the LCP Policy 3-3(b) requiring that two-thirds of the
proposed development be clustered on that half of the RM/OS designated portions
of the property located farthest from the Lagoon. The northern half of the RM/OS
designated property, measured by land area from the project’s southernmost property
line, would result in 39 dwelling units (67%) being located in the northern half of
the abovementioned property and 19 dwelling units (33%) in the southern half.
According to Policy 3-3(b) of the Mello II LCP, of the 58 units proposed on the
RM/OS designated portion of the property, 39 units must be located on the half of
the property farthest from the Lagoon.
EIR 89-l/ZC 89-6/CT 89-19/>DP 89-7/HDP 89-37 - BROCCATO
OCTOBER 17, 1990 .
C. The existing Eucalyptus grove located in the south central portion of the site will be
preserved in open space as required by Policy 3-3(c) of the Mello II LCP.
D. A public access trail (10 feet wide) along Batiquitos Lagoon and a visitor parking
lot (6 spaces) at the terminus of Broccato Lane, will be provided consistent with
Policy 3-3(d) of the Mello II LCP. The California Coastal Commission staff and the
Department of Fish and Game have reviewed the proposed trail plan and have
indicated preliminary support.
E. The project site is being proposed for development under a single application
(Tentative Map/Site Development Plan) at a net density of 3.1 du/acre. This density
is considerably below the 12 du/g-ross acre permitted under Policy 3-3(e) of the
Mello II LCP.
The project site includes 15.60 acres of Coastal Sage Scrub habitat. Of this 15.60 acres, 10.40 acres
is located upon slopes with a grade of 25% or greater and are protected from development per the
Mello II LCP. Approximately 2.75 acres of this protected Coastal Sage Scrub habitat will be
removed through project development. Of the 2.75 acres of project encroachment, 2.21 acres is
specifically a result of the construction of Batiquitos Drive and Floria Court. Encroachment on
Coastal Sage covered slopes for the construction of Batiquitos Drive (a Circulation Element road)
and Floria Court (an accessway to a flatter developable area of the site) is exempted from Mello
II requirements regarding the protection of sensitive habitats on 25% slopes. The remaining .54
acres of encroachment is associated with the balance of project development. This .54 acres
represents 5.2% of the total onsite Coastal Sage Scrub habitat located on slopes of 25% or greater.
The Mello II 25% slope/sensitive habitat protection policy permits project encroachment up to 10%.
Although this limited project encroachment is permitted per Mello II, the project has nevertheless
been designed to incorporate specific enhancements and mitigation measures including: (1)
preserving .89 acres of unprotected Coastal Sage Scrub habitat in open space, (2) creating 6.22
acres of new Coastal Sage Scrub habitat through a Habitat Enhancement Program (see Exhibit
“H”), (3) enhancing 1.92 acres of existing disturbed Coastal Sage Scrub habitat, and (4) enhancing
1.62 acres of disturbed wetland areas. In conclusion, the project as proposed complies with this
Mello II 25% slope/sensitive habitat protection policy. The additional project biological mitigations
proposed function to enhance the environmental quality of the regionally significant Batiquitos
Lagoon.
NOISE POLICY - 17
The project is located within 2000 feet of Interstate 5 (I-5) and within three miles of the McClellan-
Palomar Airport and in accordance, is subject to compliance with the City’s Noise Policy No. 17.
The Noise Policy requires that noise be mitigated to 60 dB(A) five feet inside the project’s property
line at six feet above finished grade and, above the first floor/story if usable exterior space is
provided. In this project, the yards for lots 41, 42, 43, 44, 45, 46 and 48 would be impacted by
traffic noise. As discussed in the acoustical study for the proposed project (see Attachment “A”),
required noise barriers which would need to be constructed along the western and/or southern
property lines of the aforementioned lots to reduce exterior lot noise levels to 60 dB(A) would be
between 6 and 8 feet tall. The noise barriers would be composed of a berm or wall topped with
glass or plexiglass. Otherwise, the acoustical analysis specifies that compliance with Noise Policy
17 shall require that mechanical ventilation be required for units 40-48, and that balconies
proposed on units 44, 45 46 and 48 shall be required to be fully enclosed by wall and
EIR 89l/ZC 89-6/CT 89-19/>DP 89-7/HDP 89-37 - BROCCATO
OCTOBER 17, 1990
glass/plexiglass barriers. All above noise mitigations have been conditioned to be incorporated into
the project. In addition, since the project site is located within three miles of McClellan-Palomar
Airport, the owner of the property has been conditioned to record a notice and post adequate onsite
signage, which identifies that the property is subject to overflight, sight and sound of aircraft
operating from McClellan-Palomar Airport.
GROWTH MANAGEMENT ORDINANCE
The project is located in Local Facilities Management Zone 19 in the southwest quadrant. At the
project dwelling unit count (72 units) the proposed project is 53 dwelling units below that allowed
per Local Facilities Management Zone 19. All public utilities and services will be available to serve
the project.
The impact on public facilities created by the proposed project and compliance with adopted
performance standards are summarized below:
Facilitv Impact Compliance with Standard
City Administration
Library
Waste water
Parks
Drainage
Circulation
Fire
Schools
Sewer Collection System
Water Distribution System
Open Space
266.86 sq. ft.
142.41 sq. ft.
72 EDU’s
.53 acres
N/A
720 ADT
Station No. 4
N/A
72 EDU’s
39,600 GPD
N/A
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
Iv. ENVIRONMENTAL REVIEW
In summary, staff is recommending approval of a number of actions as listed below:
1. Certification of EIR 89-1 because the EIR has been completed in conformance with
the California Environmental Quality Act and the provisions of Title 19 of the
Carlsbad Municipal Code;
2. Approval of ZC 89-6 because the requested Zone Change is consistent with the
General Plan and the uses permitted would be compatible with surrounding uses;
and
3. Approval of CT 89-19/SDP 89-7 and HDP 89-37 because the project is in
conformance with all applicable development standards and policies governing the
project and site.
EIR 89l/ZC 89-6/CT 89-19/&P 89-7/HDP 89-37 - BROCCATO
OCTOBER 17, 1990
ATTACHMENTS
1.
2.
3.
4.
5.
6.
7.
8.
9. 10.
11.
12.
13.
Planning Commission Resolution No. 3108
Planning Commission Resolution No. 3109
Planning Commission Resolution No. 3110
Planning Commission Resolution No. 3111
Planning Commission Resolution No. 3112
Location Map
Zone Change Exhibit “Z”
Background Data Sheet
Disclosure Form
Local Facilities Impacts Assessment Form
Attachment “X” Noise Analysis for Broccato at Batiquitos Shores
EIR 89-1 (previously distributed)
Exhibits “A” - “T”, dated September 18, 1990
September 6, 1990
CDCxvo
.
.- ATTACHMENT “A”
BROCCATO
MITIGATION MEASURES
I. Earth
1. Prior to the issuance of any grading permits, the applicant shall submit a detailed,
comprehensive geotechnical evaluation prepared by a professional soils engineer for
the review and approval of the City Engineer.
2. Areas of alluvial and colluvial soils shall be indicated on the grading plans. A note
shall be placed on the grading plans which indicates, “Alluvial and colluvial soils
shall be completely removed to the depth at which bedrock is encountered in areas
which will support structures or structural fill. Partial removal of at least 5 feet of
alluvium in the main valley floor shall be performed in areas where the depth of
alluvial material precludes total removal.”
3. All fill grading operations shall be supervised by a professional soils engineer.
4. During the grading period, the applicant shall; install a minimum of three settlement
monuments at the prepared surface of the alluvium, the pipe extended to the surface
as fill is placed, and levels shot by the project surveyor. Prior to issuance of any
building permits, primary settlement shall be complete. This provision shall be
monitored by a professional soils engineer.
5. Prior to issuance of Certificates of Occupancy for structures planned in the alluvium
area as identified on the grading plan, the developer shall install heavily reinforced
foundation systems per the recommendations contained in the Geotechnical Report.
6. Prior to issuance of any building permits, the developer shall submit for review and
approval to the City Building Department plans which conform to the Uniform
Building Code (UBC) and the City’s Seismic Design Standards.
7. During the construction period, a profession soils engineer shall monitor temporary
catch basins and shall ensure that collected sediments are properly disposed at a
Class II or Class III soil disposal site. A note to this effect shall be placed on the
approved grading plan.
8. Grading operations shall be limited to the days between June 1 and October 1
unless otherwise approved by the City Engineer, Planning Director, Coastal
Commission and California Department of Fish and Game.
II. Air OualiQ
9. A note shall be placed on all grading plans specifying that grading shall be done in
compliance with SDAPCD and CARB standards and requirements and dust control
standards in Title 24 of the California Administrative Code. The City Engineering
Department shall monitor for compliance during all grading operations of the
project.
10. A note shall be placed on all grading plans specifying that watering of the graded
site shall take place before and during grading operations to minimize dust
generation. A water truck/trucks shall be required to be onsite at all times to the
satisfaction of the City Engineer. The City Engineering Department shall monitor
for compliance during all grading operations of the project.
III. Hvdrolonv
11.
12.
13.
14.
15.
16.
17.
Gravel bags shall be placed in gutters and other locations during the period between
October 1 to April 15 to the satisfaction of the City Engineer.
All graded pads not intended to be immediately built upon and cut/fill slopes shall
be hydroseeded, fertilized and hydromulched with a seed mix approved by the City
Engineer immediately following their completion and not later than October 1 of
each year.
The applicant shall prepare and submit a detailed Habitat Enhancement Landscape
and Irrigation Plan. This plan shall require the approval of the Planning Director
and the Department of Fish and Game, prior to the issuance of a grading permit.
The applicant shall maintain the plantings and erosion control devices on the site
until relieved of the responsibility by the homeowners association or the City
Engineer.
Prior to grading permit issuance, the applicant shall submit for the review and
approval by the City Engineer, a plan for emergency erosion control including
provisions for equipment and workers to be available at all times during the rainy
season (October 1 to April 15). All necessary emergency erosion control devices
shall be stockpiled on the site at convenient locations to facilitate rapid construction
of temporary devices when rain is imminent. All removable erosion control devices
shall be in place at the end of each working day when the five day rain probability
forecast exceeds 40 percent.
The applicant shall install any erosion control measure, in addition to those
identified on the approved grading plan, as required by the City Engineer due to
incomplete grading operations or unforeseen circumstances which may arise.
A note shall be placed on the grading plans indicating that at the conclusion of each
working day, all graded areas around the project perimeter must drain away from
the face of the slopes.
Iv. Biology
18. Areas of biological sensitivity, including lagoon wetlands, wetlands buffer, coastal
salt marsh and areas of Coastal Sage Scrub where development is not to occur
according to the site plan, shall be identified and noted as being off-limits for
construction activity on the grading plans. These areas shall be staked and flagged
in the field by a qualified biologist acceptable to the Planning Director. The
qualified biologist shall certify through biweekly written reports, that the sensitive
areas are not being disturbed.
2
- -
19. Prior to the issuance of a grading permit, the applicant shall submit a detailed
Habitat Enhancement Plan for review and approval by the Planning Director and the
California Department of Fish and Game. Prior to the issuance of any Certificates
of Occupancy, the developer, in consultation with a qualified biologist experienced
in native plant restoration work, shall implement the Habitat Enhancement Plan as
approved. As part of the Habitat Enhancement Plan, the wetland and wetland
buffer area shall be enhanced and restored to its natural condition by revegetating
tracks and other disturbances. Equipment to be used to complete such wetland and
buffer enhancement shall be specified by the Department of Fish and Game.
20. Prior to issuance of a grading permit, the applicant shall submit for the review and
approval of the Planning Director evidence confirming that a qualified consulting
biologist has been retained to supervise and monitor biological mitigation during
construction.
21. Prior to the issuance of any grading permit, the applicant shall provide evidence
acceptable to the Planning Director that the consulting biologist has attended at
least one meeting with the general construction contractor to become acquainted
with the construction schedule and to familiarize the contractor with the required
biological mitigation conditions.
22. During the grading and construction phase of the project, the consulting biologist
shall monitor grading adjacent to native vegetation to be preserved or when any
construction is under way in the designated wetland buffer. The biologist may
temporarily halt, divert, or redirect construction activity to insure that impacts to
biological resources are minimized. The consulting biologist shall restrict access to
sensitive areas, inform construction workers about out-of-bounds areas, and monitor
the work as it proceeds.
23. The consulting biologist shall supervise revegetation of all native or enhanced
habitat areas according to the specifications of the Habitat Enhancement Plan. Any
biological resource areas inadvertently or accidentally disturbed shall be subject to
restoration to the satisfaction of the Department of Fish and Game and the Planning
Director.
24. Prior to building permit issuance, a program which provides for the monitoring of
the biological resources and the Habitat Enhancement Plan for a period of five years
and which requires that reports be filed with the Department of Fish and Game and
the City of Carlsbad on an annual basis shall be submitted for review and approval
by the Planning Director. Any corrective action requested in writing by the City
Planning Director or the Department of Fish and Game to achieve compliance with
the goals of the Habitat Enhancement Plan during this five year period shall be
implemented within 60 days or as specified by the City.
25. Prior to issuance of a grading permit, the applicant shall record a deed restriction
over the entire 100-foot wetland buffer setback area to restrict the property for open
space/wildlife uses only, except for the following: a) public access provided by the
trail, road, and parking lot as shown on the final map, and b) a desiltation basin
Private improvements, such as storage buildings, pools, spas, etc., shall be
specifically prohibited.
3
26. Prior to the issuance of any building permit, the applicant shall submit evidence
satisfactory to the Planning Director that an offer of dedication of the wetland and
wetland buffer has been made to the State Lands Commission.
V. Noise
27. Prior to the occupancy of any of the dwelling units, the project applicant shall be
required to construct a sound attenuation wall/berm ranging between 6 and 8 feet
in height along the western and/or southern property lines of lots 41, 42, 43, 44,
45, 46 and 48 consistent with the recommendations of the Supplemental Noise
Analysis for Broccato at Batiquitos Shores, (Recon, 1990).
28. Prior to the occupancy of units on lots 40 - 48, mechanical ventilation shall be
required to be incorporated into these structures consistent with the
recommendations of the Supplemental Noise Analysis for Broccato at Batiquitos
Shore (Recon, 1990).
29. Prior to the occupancy of units on lots 44, 45, 46 and 48, fully enclosed 3/8 inch
glass or plexiglass balcony barriers shall be required to be constructed on all second
story unit balconies.
30. Prior to the recordation of the first final tract map or the issuance of residential
building permits, whichever is first, the owner of record of the property within the
boundaries of this tentative tract map shall prepare and record a notice that this
property is subject to overflight, sight, and sound of aircraft operating from Palomar
Airport in a manner meeting the approval of the Planning Director and the City
Attorney. The applicant shall post aircraft noise notification signs in all sales and/or
rental offices associated with the new development. The number and locations of
said signs shall be approved by the Planning Director.
31. Prior to issuance of any Certificate of Occupancy, all required noise mitigation as
specified in the Supplemental Noise Analysis for Broccato at Batiquitos Shores
(Recon, 1990), shall be complied with and construction of the residences shall be
in conformance with the approved plans to the satisfaction of a City Building
Department Inspector.
32. A note shall be placed on all building plans specifying the hours that construction
activities may occur. The City Building Inspector shall stop construction activities
on the site between the hours of sunset and 7 a.m. Monday through Friday and
sunset through 8 a.m. on Saturday. No construction will be permitted on Sundays.
33. All construction equipment, fixed or mobile, operated within 1,000 feet of an
occupied dwelling unit shall be equipped with properly operating and maintained
muffler exhaust systems. This provisions shall be monitored by the City Building
Department Inspector.
4
VI. Land Use
34. Prior to issuance of any Certificates of Occupancy, the applicant shall install a
barrier as identified on the Final Tract Map, along the southern edge of the
Batiquitos Lagoon trail to provide a barrier to access. Interpretive signs, consistent
with those along the Aviara trail, shall be provided at the trail head and/or along
the trail at locations subject to the review and approval of the Planning Director.
VII. Utilities
35. The project shall implement water conservation measures such as water-efficient
plumbing fixtures and water reclamation standards in conformance with State and
Local Law and Policies.
VIII. Cultural Resources
36. Prior to issuance of any grading permits, the location of SDi-600 shall be identified
with stakes and flagged as off-limits to construction activity or grading associated
with the project. The marking devices shall remain on the site at all times during
project construction.
37. SDi-600 shall be identified on the grading plans as off-limits to all construction
activity.
5
BACKGROUND DATA SHEET
CASE NO: EIR 89-l/ZC 89-@CT 89-19/SDP 89-7/HDP 89-37
APPLICANT: BROCCATO
REQUEST AND LOCATION: Zone Change (LC to R-1-7500-Q and OS). Tentative Tract Man, Site
Develonment Plan and Hillside Develonment Permit to develou 72 single familv residences along the north
shore of Batiauitos Lagoon immediatelv east of I-5 and west of the Aviara Master Plan Area.
LEGAL DESCRIPTION: All or nortions of lots 1.11 and 12 in Section 33. Townshin 12 south, Range 4 west,
San Bernardino Meridian APN: 214-170-17. 21. 22 & 216-150-3. 5. 16
Acres 40.95 Proposed No. of Lots/Units 72 DU’s
Land Use Designation RLMRM
Density Allowed 5.03 du/acre
Existing Zone LC
GENERAL PLAN AND ZONING
Density Proposed 3.1 du/acre
Proposed Zone R-l-7500-Q/OS
Surrounding Zoning and Land Use:
Zoning Land Use
Site LC Undeveloned north-south trending flat bottomed canyon and side slones
North R-l Single Familv (Sninnaker Hills)
South OS Batiauitos Lagoon
East P-C Aviara Master Plan-nronosed single familv residential PA’s 29 & 30
West P-C Sinale Familv & DuDlex (Sea CliffI
PUBLIC FACILITIES
School District Carlsbad Water Carlsbad Sewer Carlsbad EDU’s -
Public Facilities Fee Agreement, Date June 15. 1989
ENVIRONMENTAL IMPACT ASSESSMENT
- Negative declaration, issued
x E.I.R. Certified, dated
Other,
c--c- .-_- . - -J-$+ km?& - *‘-‘$9 buy -’ - CDT Gwlsbad
l ’
DISCLOSURE STATEMENT
APPUCAWS STATEMENT OF DISCLOSURE bF CERTAIN OWNERSHIP INTERESTS ON ALL APPUCAnONS
WHICH WIU REQUlRE DlSCRl3lONARY ACTION ON THE PART OF THE Cm COUNCIL OR ANY APPOINTED
BOARD. COMMISSION OR COMMll-lEE. 1
(Please Print)
The following information must be disclosed:
1. A&cant
List the names and addresses of allfersons having a financial interest in the application. ()DMAm & THELAN AND THE DAVIDS N COMPANIES
3200 Fourth Avenue, Suite 101
San Diego, CA 92103
2. Owner
List the names and addresses of all persons having any ownership interest in the property involved.
See #l. above.
3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names ar
addresses of a(1 individuals owning more than 10% of the shares in the corporation or owning any partners1
interest in the partnership,
-K & THELAN, a California General Partnership, THE DAVIDSON COMPANY, a California
General Partner c:nrnnw. General Partner Ted P. Odrilark William A. Davidson John 0. 'L'helan 12520 High Bluff Drive, Suite 300
3200 Fourth Avenue, Suite 101 San Diego, CA 92130
San Diego, CA 92103
4.
. ?
If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names ar addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficia
of the trust.
N/A
(Over
Oiscfosure Stat@ Page 2
5. Have you had more than $250 worth of business transacted with any member of City staff, Boar< Commissions, Committees and Council within the past twelve months? Yes No x v - If yes, please indicate person(s)
‘Any individual, firm, copartnership, joint veruure, association, social club, fraternal Person is defined as:
organization. corporation, estate, trust, receiver, syndicate, this and any other county, city and county, city munici&tv, district or other poWcal subdivision, or ate other arouo or combination actina as a unit.’
(NOTE: Attach additional pages as necessary.)
Sig’nature of Owner/date
ODMARK & THELAN AND THE DAVIDSON
COMPANIES PARTNERSHIP
By: ODMARK & THELAN, General Partner By: John D. Thelan
SignatUra of applicant/date
ODEIARK & THELAN AND THE DAVIDSON
COMPANIES PARTNERSHIP
By: O&ark & Thelan, General Partner
By: John D. Thelan
Print or type name of owner Print or type name of applicant
--
CITY OF CARLSBAD
GROWTH MANAGEMENT PROGRAM
LOCAL FACILITIES IMPACTS ASSESSMENT FORM
(To be Submitted with Development Application)
PROJECT IDENTITY AND IMPACT ASSESSMENT:
FILE NAME AND NO.: M 89-37
LOCAL FACILITY MANAGEMENT ZONE: 19 GENERAL PLAN: RT.MIRM.
ZONING: B-I -7Sf-M3-Q/OS
DEVELOPER’S NAME: kPAN1F.S PAR-TP
ADDRESS: 321K)N nlF.GQ, CA 92103
PHONE NO.: ASSESSOR’S PARCEL NO.: 314-170-17: 3.1.; 16 - -
QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): , 72 DIJ S
ESTIMATED COMPLETION DATE:
A. City Administrative Facilities: Demand in Square Footage =
B. Library: Demand in Square Footage =
C. Wastewater Treatment Capacity (Calculate with J. Sewer)
D. Park: Demand in Acreage =
E. Drainage: Demand in CFS =
Identify Drainage Basin =
(Identify master plan facilities on site plan)
F.
G.
H.
I.
J.
K.
L.
Circulation: Demand in ADTs =
(Identify Trip Distribution on site plan)
Fire: Served by Fire Station No. =
Open Space: Acreage Provided -
Schools: N/A
(Demands to be determined by staff)
Sewer: Demand in EDUs -
Identify Sub Basin -
(Identify trunk line(s) impacted on slte plan)
Water: Demand in GPD -
143 41
vl
500
DLJ
7713
4
N/A
73
IQA
The project is 53 dwelling units BELOW the Growth Management Dwelling unit allowance.
. ATTACHMENT “X’
SUPPLEMENTAL NOISE ANALYSIS FOR BROCCATO AT BATIQUITOS SHORES
The purpose of this supplemental noise report is to update the previous noise analysis on the Broccato project in order to address the revised Site Development Plan and Tentative Map.
The noise analysis dated June 14, 1989, that is contained as Appendix F to the EIR was prepared prior to availability of grading plans. A more specific analysis was completed as more detailed plans became available.
The current analysis is based on the Site Development Plan &ted Septem- ber 6, 1990. Future traffic parameters are as supplied by Caltrans. Receptors were placed, in accordance with the City of Carlsbad policies, six feet above pad level and five feet inside of the lot line.
Noise in the project area would be dominated by traffic on Interstate 5 (I-5). The segment of I-5 nearest the property is an eight-lane freeway, with the northbound travel lanes approximately 300 feet from the property line and 650 feet from the nearest proposed house. Noise levels were calculated for first- and second-story levels at residences nearest I-5 based on grading plans, locations, and descriptions provided by the applicant. Noise levels in excess of 60 decibels Community Noise Equivalent Level (dBA CNEL) could affect residences in the southern portion of the project, particularly lots 40-48.
Maximum ground-floor noise levels on the affected lots will range from 62 to 66 dBA, while noise levels at the second-story level will range Tom 62 to 67 dBA. Table 1 contains a compilation of the calculated noise levels without the benefit of noise reduction measures for each affected lot. In addition, Table 1 presents expected noise levels on each lot when the recommended noise reduction is incorporated.
The Site Development Plan and Tentative Map proposes the following noise reduction measures, which will achieve a ground-floor noise level of 60 dBA CNEL or less at five feet inside the lot line:
1. Construct a five-foot berm topped with a three-foot glass or acrylic plastic (such as Plexiglas) wall on the southern and southwestern comer oflot41.
2. Construct a five-foot berm topped with a three-foot glass or acrylic plastic wall on the southern boundary of lot 42 extending north along the western boundaries of lots 43 and 44.
3. Construct a minimum six-foot-high noise reduction wall along the western boundaries of lots 45 and 46. A three-foot solid block wall topped with three feet of glass or acrylic plastic is proposed This wall is to be constructed on a one-foot-high berm.
4. Construct a minimum six-foot-high noise reduction wall along the south and southwestern boundaries of lot 48. A three-foot solid block wall topped with glass or acrylic plastic is proposed.
1
,- -_
.E
.-
. The above barriers incorporate glass or acrylic plastic panels as noise reduction measures in order to retain as much of the view of Batiquitos Lagoon as possible. When such materials are used for noise reduction, they must be a minimum of 3/8 to 114 inch in thickness and be installed with tight-fitting seals between the berm, wall, or other panels to provide maximum effectiveness. Figure 1 shows detailed locations of the noise barriers.
Construction of the recommended noise barriers will ensure that ground-floor exterior noise levels to lots 41 through 48 are 60 dBA CNEL or less. Exterior ground-floor and second-floor noise levels at the front yard area of lot 40 will be 62 dBA CNEL. Noise levels in the rear yard, where most exterior-associated activities generally occur, will be 48 dBA CNEL due to shielding provided by the house on lot 41.
Construction of the recommended noise barriers will reduce noise levels to below 60 dBA on ground-floor levels only. For elevated receptors, which are used to predict noise impact to second-story windows, noise levels may reach 67 dBA Ldn (day-night average noise level). In these cases, it is generally infeasible to increase the height of the noise walls and berms, and the noise reduction capability of the building design should be examined to ensure that the interior standard of 45 dBA will be achieved.
Proposed construction materials and techniques can provide noise reduction of 25 dl3 with windows closed and approximately 15 dB with windows open. Forced- air circulation should be provided in units built on lots 40 through 48.
If balconies are planned for any of the two-story units on lots 40 through 48, placement of these balconies should be on sides of the houses that face away from I-5. If balconies are planned facing I-5, then glass or acrylic plastic enclosures are required to reduce noise levels to 60 dBA CNEL or less. These enclosures should consist of minimum 3/8-inch glass or acrylic plastic panels in tightly sealed frames.
3
_-- -- .
--.-.. *..a..--_ .-- __. --.--- -.___
FIGURE 1. RECOMMENDED NOISE REDUCTION MEASURES
wcml
R-1951 Q/Q0
EXHIBIT ‘2”
LC to
R-1-7500(Q) R-1-7500
Spinnaker Hills ~ Development
Sea Cliffs Development PC
Aviara Development
100’ Wetland
Buffer Boundary
Wetland
LC Limited Control Wetlands
OS Open Space
\ 1
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PC Planned Community Batiquitos
LC to OS Lagoon
cl LC to R-1-7500(Q) 4
City of htsbad
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MINUTES
October 17, 1990 PUNNING COMMISSION Page 8 COMMISSIONERS
Condition f/38." Also, Condition 1t36 should state that al is contingent upon obtaining a Coastal Development as well as approval of the City Council.
r Erwin stated that he would support this project r again support a project with setback variances 3r a proje n a hillside that is not stepped back properly.
qotion was de, seconded, and carried to adopt Planning Coauars Resolution No. 3126 approving the Conditional Nega Declaration issued by the Planning Director and adop ing Commission Resolution Nos. 3127, 3128, 3129, 30 approving CT 90-7, PUD 90-11, d on the findings and subject to
smendments: s granted for 6 units cease if it is necessary 2 cubic yards of dirt xisting topography of the site is significantly lower own on the approved axhibits as the result of winter s Additional fill over any allowed to return the sit present existing grades will require approval by the ng Cossaission of a revised Hillside Development Permit
Chairman Schramm and Cormnissioner McFadden
to show that they could not support the pr iid not feel it conformed to the provision Ordinance.
RECESS
The Planning Coaxaission recessed at 8:14 p.m. and reconvened at 8:24 p.m.
3) EIR 89-l/ZC 89-a/CT 89-19/SDP 89-?/HDP 89-37 - BROCCATO Request for a recommendation of certification of an
Environmental Impact Report and the recoaxsendation of approval of a Zone Change (from LC to OS and R-1-7500-9). a 79 lot/72 dwelling unit Tentative Tract Hap, and a Site Development Plan and Hillside Development Permit on property located along the north shore of the east basin of Batiquitos Lagoon, south of Spinnaker Hills Development, east of the Sea Cliff Development. and inmediately west of the Aviara Master
Plan, in Local Facilities Manageawmt Zone 19.
Chris DeCerbo, Senior Planner, reviewed the background of the request and stated that the applicant is requesting several
discretionary approvals for a 40.95 acre property located adjacent to the north shore of the Batfquitos Lagoon, south
of Spinnaker Hills, and imaadiately west of the Aviara Haster Plan area. The proposed project of 72 dwelling units will have a net density of 3.1 du'sfacre, which is well below the site's maximum net density of 5.03 du'sfacre. The project
consists of 79 lots (7,500 s.f. minimum), 7 of which will be maintained as cossaon open space. In effect. 44% of the project site (18.34 acres) will be in open space.
I'he project consists of detached single family residences ranging in size from 2,350 s.f. to 3,500 s.f. Sixteen of the 72 units will be single story. Architecture of the structures is California Traditional which incorporates gabled roof form, light colored stucco walls, balconies.
Erwin
Yarcus YcFadden Schlehuber Schram
.
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MINUTES
October 17, 1990 PLANNING COMMISSION Page 9 COMMISSIONERS
boxed cornices, and arched entryways. Each unit will also include a 3-car garage.
The open space is comprised of undisturbed Coastal Sage covered canyon slopes and the Batiquitos Lagoon vetlands and wetland buffer area. A public access trail to the Batiquitos Lagoon will be located within the southern portion of the property. This lagoon trail will connect with the existing trail in the Aviara Master Plan. Broccato Lane will be constructed to intersect with Batiquitos Drive and a 6
space public parking lot will be provided on Broccato Lane for visual and vehicular access.
Mitigation measures identified in EIR 89-1 have been incorporated into the project. These mitigation measures have reduced project impacts to a level of insignificance in all cases but air quality. However, staff disagrees with the EIR finding that the project would create a cumulatively significant and unmitigable air quality impact. One of the most effective mitigation measures for controlling air
pollution generation is through the reduction of development intensity and the proposed project represents less than 602 of the potential development identified in the SAND& Series 7 Regional Growth Forecast. Therefore, it is staff's opinion that the project, through density reductions, is incrementally contributing to the regional air quality solution.
The zone change from LC (Limited Control) to R-1-7500-Q and (OS) Open Space is consistent uith the General Plan. The LC Zone is an interim zone placed upon properties until a plan
for development is proposed. The requested zone change would rezone to open space those portions of the property currently designated as open space on the General Plan in addition to the onsite Batiquitos Lagoon wetlands and 100 ft. wetlands buffer area. The balance of the property uould be rezoned to R-1-7500 with a Q overlay. The requested zone change vould be compatible with existing residential development to the north and west, future residential development to the east. and open space to the south.
The project, as conditioned, complies with all ordinance requirements and staff recommends approval.
Coxmtissioner McFadden inquired about the status of parks for
this quadrant. Hr. DeCerbo replied that the southwest quadrant has no existing improved parks but it is meeting the
growth manageamnt standard since the Aviara and Alta Hira parks will be developed and operational by 1994.
Commissioner Ervin referred to Condition 172 of Resolution No. 3110 and inquired how the home buyer would be notified of potential seismic damage. Ur. DeCerbo referred to staff memo dated October 17. 1990 which adds Condition #72(A) and a deed disclosure on the property.
Commissioner Erwin c-ted that the vidth of the trail seems to be inconsistent. Hr. DeCerbo replied that the Coastal CoaPission requires 15 ft. This trail is 10 ft. and is compatible with Aviara to tha east. The Coastal Commission staff was satisfied that this met the intent of
public access.
Commissioner Erwin inquired if any of the homes will have 2 car garages. Mr. DeCerbo replied that all homes will have
3 car garages.
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MINUTES
October 17, 1990 PLANNING COMMISSION Page locorn
Chairman Schrarmn opened the public testimony and issued the invitation to speak.
Bill Hofman. Hofman Planning Associates, 2386 Faraday,
Suite 120, Carlsbad, representing Odmark h Thelan and the Davidson Communities, the applicants, addressed the Consnission and stated that the project was started two years ago and the boundaries have been accepted by the Army Corps of Engineers. As a mitigation measure, the applicant has proposed a habitat enhancement plan to add more Coastal Sage
to the site while preserving the existing Coastal Sage. Mr. Hofman stated that the alluvium soil condition which exists on the site also exists in many other areas of San Diego
County and the proposed mitigation measures should eliminate any potential problems. He requested a modification to Condition 1172(A) as proposed in staff memo dated October 17, 1990, as follows: On line 4, change "exist" to "existed" and on line 7, after "Planning Department" add the words "and such measures have been completed."
John Thelan, a principal of Odmark & Thelan, 3200 Fourth Avenue, Suite 101, San Diego, addressed the Conmission and stated that the individuals having a greater than 10%
interest in the project are himself, Ted Odmark, and Bill Davidson. He is very proud of the project because it evolved as a result of constructive input from adjacent homeowners, resource agencies, and the Carlsbad planning staff. He commented that the Carlsbad planning staff took a much more conservative approach to environmental issues and has resulted in a better product.
Chairman Schramm referred to Conditions H33 and 1177 of Resolution No. 3110 and inquired if the landscape packet
going to new homeowners would name the recommended types of trees. Mr. Thelan replied that Condition #77 reflects drought tolerance pursuant to the Carlsbad landscape guidelines. He would have no objection to including a species list which would satisfy Condition 1133.
RECESS
The Planning Commission recessed at 8~52 p.m. and reconvened at 8:58 p.m.
Dolores Welty. 2076 Sheridan Road, Leucadia. addressed the ComPlission and stated that because Ines Yoder is currently on vacation she was asked to present a letter dated October 17, 1990 from the Shoreline Study Canter. Although they coasaend the scrutiny given this project, they are disappointed that there are still numerous inconsistencies and discrepancies in the EIR. She also presented her own letter dated October 17.1990 in which she states that the project is
highly visible from I-5 and will be an eyesore next to the pristine nature of the Batiquitos Lagoon. Although she feels
it is a good project, she feels it is misplaced on the property. She recosssends that the project be denied. A copy of both letters are on file in the Planning Department.
Robert Meyer. 7133 Linden Terrace, Carlsbed, addressed the Commission and stated that represents the Seacliff Homeowners Association which looks down on this project. He is happy that the developer has incorporated many of the improvements suggested by homeowners in his association. He thinks they will be a good neighbor. He recoxxnends approval.
IISSIONERS y
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MINUTES
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October 17, 1990 PLANNING COUMISSION Page 11 COMMISSIONERS
Cindy Ward, 937 Begonia Court, Carlsbad, addressed the Commission and stated that Mr. Thelan met with the Spinnaker Hills residents on many occasions. He incorporated their
input. She feels he has been very sensitive to environmental issues and the project has been designed to preserve the views from Spinnaker Hills. She recommends approval.
Audrey Lyon, 915 Begonia Court, Carlsbad. addressed the Conxnission and stated that she is very happy with the project. Her home is within 5 ft. of the proposed project. She feels the look from I-5 will be pleasing to the eye since
the homes are going to be quite attractive and blend with the scenery. She reconxnends approval.
Don Conners, 921 Begonia Court, Carlsbad, addressed the Conxnission and stated that he is the President of the Spinnaker Hills Homeowners Association. He has met with the developer and all of the residents of Spinnaker Hills who have not voiced any complaints. He does not think it would be practical to cluster the homes at the north end of the project as Dolores Welty has suggested. He feels the builder is very conscious of the environmental issues and he does not think the project will impact the wildlife. He recoaxaends approval.
David Alverstein, 925 Begonia Court, Carlsbad, addressed the Cormnission and stated that he appreciates the time the applicant spent seeking input from the community. He likes the high class nature of the project and would be opposed to anything commercial on that site. He recossaends approval.
Commissioner Erwin cosxnented that the EIR raises concern that wildlife will be attack by domesticated animals. He asked Bill Hofman if the applicant would be willing to include a
condition in the CC&R's that all pets, including cats, will be contained within the boundaries of the ovner's lot at all times . Mr. Hofman replied that he would have not objection to the condition but it would be difficult to enforce.
Conmissioner Schlehuber feels it is impossible to restrict cats. He requested comment from the city attorney.
Ron Ball, Assistant City Attorney, cemented thet there are leash laws, etc. which exist and are adequate to control
domestic animals. The problem with an unenforceable condition is that it becomes just that. It requires the City to spend a lot of time trying to enforce it and it is still an impossible task.
Chairmen Schramm inquired if dogs can be walked on the trail if they are leashed. Mr. Ball replied that the City code was amended about one year ago to prohibit dogs on the beaches but it still allows them to walk on the trails near the lagoon.
John Thelan cosmented that the wildlife issue caum up vith the Department of Fish h Game. As a developer, he is obliged to participate in a public education program to inform visitors and residents of the fragile nature of the lagoon environment. He feels that appropriate signage will be the best enforcement.
Commissioner Erwin inquired if Fish h Game will be maintaining the signs once they have been put up. Mr. Thelan replied that the homeovner association will be responsible
for maintaining the signs and the trail.
.
.
MINUTES
October 17, 1990 PLANNING COMtiISSION Page 12 COMMISSIONERS y
Chairman Schraaxs inquired about the height of the fencing on the public trail. Mr. Thelan replied that the only fencing along the trail will be the fencing at the rear of the lots. There will be no fencing on the trail per se but there will be a "barrier" (2 ft.) to prohibit off road vehicles from reaching the wetlands.
Commissioner Erwin inquired why the developer chose not to vary the street scene with a combination of 2 car and 3 car garages. Mr. Thelan replied that there are four home variations. The 3 car garages should keep cars off the street.
Conxaissioner McFadden stated that her biggest concern is the soils problem because the danger will still remain even though the remedial measures have been taken.
Lee Vanderhurst, Principal Geologist for ICG, Inc., addressed the Coaxnission and stated that he has also worked on seismic studies in the San Francisco area. Last year's San Francisco earthquake has provided excellent research data on the impacts of liquifaction. The failures there took place only in areas where uncompacted fill was placed over alluvium material. Where compacted fill was placed over alluvium, there were no failures, i.e. Foster City.
Chairman Schranxa inquired about the planned stockpiling for this site as a result of the Batiquitos Lagoon Enhancement Program. Gary Wayne, Assistant Planning Director, replied that the timing for the enhancement program is the fall of 1991 and could spill over to the fall of 1992, with a 2 year
construction period. This site is one of the staging areas and could coincide with this development. There could be a
conflict but those logistics would have to be worked out. The road is a public road and the City has fee title to the
right of way.
Chairmen Schrsm noted receipt of a letter dated October 17, 1990 from the Batiquitos Lagoon Foundation (BLF). Although the BLF is pleased with the positive effects of the Broccato project design and the willingness of the developer to meet and consider their input, they feel that there are environrwntal impacts which have not been properly addressed.
A copy of this letter is on file in the Planning Department.
There being no other persons desiring to address the Commission on this topic, Chairman Schrsm declared the public testimony closed and opened the item for discussion among the Commission members.
Chairmen Schrm stated that she likes this project and she appreciates the fact that the developer has been diligent in creating a product that is sensitive to the environment and the soils situation.
Commissioner HcFadden inquired what acceptable encroachment is in a wetland area. Chris DeCerbo, Senior Planner, replied that the encroachment being requested is into the wetlands buffer for the desiltation basin and the public trail.
Gary Wayne, Assistant Planning Director, stated that it is important to note that there is no encroachment into the
wetlands itself. The only encroachment is into the buffer.
Commissioner McFadden inquired about the preciseness of grading. David Hauser, Assistant City Engineer. replied that
MlNUTkd
October 17, 1990 PLANNING CGH?4ISSION Page 13 COMMISSIONERS y
the standard is plus or minus 6 inches and any deviatio:
would require approval of the Planning Director. We can 100
forward to the pad elevations being relatively accurate.
Conrmissioner Ervin requested staff to colrrment on the Mello I local coastal program. Chris DeCerbo, Senior Planner, state1 that this project is in full compliance with Mello II becausl the applicant will only be building 72 units out of a possible 125 units.
Chairman Schransn requested staff to read the proposed change: to Condition #72(A) and Condition M77. Gary Wayne, Assistan, Planning Director, read the proposed changes and a new
:ondition which staff is also recomending as follows:
* Condition #72(A) - Add a final sentence which states, "The developer has been conditioned to comply with such remedial measures and certifies that it (the developer) has complied with said measures."
* Condition #77 - On line 5 after the word "designs" add
"plus a list of reconnnended trees and shrubs..."
* New condition - "Approval of this project is contingent upon obtaining a Coastal Development Permit from the California Coastal Coruaission that approves development that is in substantial conformance with the City approval. A copy of the signed, approved Coastal Development Permit shall be submitted to the Planning Department prior to the final map or the issuance of any City permits."
John Theilan, principal, stated that the above amended
conditions and new condition were acceptable.
qotion was duly made, seconded, and carried to adopt Planning
Zomission Resolution No. 3108 recomending certification of SIR 89-l and adopt Planning Commission Resolution Nos. 3109. 3110, 3111 and 3112 recornwnding approval of ZC 89-6, CT 89- SDP 89-7 and RDP 89-37 to the City Council based on the findings and subject to the conditions contained therein and incorporating the recouanended changes outlined in staff memo iated October 17, 1990, including the wording changes to Condition #72(A) and Condition #77 and the inclusion of a nel :ondition as read and accepted.
Zary Wayne, Assistant Pl applicant has vithdravn Fersons in the gallery d ere were no
$otion was duly made, seconded, and car rithdraval of CT 89-33/SDP 89-15/CUP 89
Ervin Marcus McFadden Schlehuber
Schrarms
Erwin Marcus
HcFadden Schlehuber Schrarma
DECEb(BER 11, 1990
TO: CITY COUNCIL
VIA: CITY ItANAGER
FROM; Planning Dapartm~nt
RxvI8xola To PMOATTO Bn8oLuTIox x0. lli0
Staff io rWomm+nding that the City ~auncil amand Planning .
Comfmrion Rwolution No. 3110 for CT 89-19 aa follower
Modify Condition No, 26 to sliminata "and watlmd buffmr~l, Ravirrd- conditien to read as followr:
2(1. ,rior to aa irruaaua of say building parrnit, tbm l pplia8at rhrll amit avidmom ratirfaatory to the Planning Diraotar thrt aa affrr of dediorticm al the
watluad P ban b&an rado ta the ltrtr
Land8 Cai88iOa.
Under the heading Wrowth #aaagam~at@@, add Condition No. 92, to
raad aa Zollowm:
92. Approval of thir rubdivirion n8p im aoaatinymnt upon the plrrovirfoa of 8dqurto publia frailitirr to 8ati8fy thr
mblio ?8ailitier Illmmant of tha Uaarral Plan. At thim tima a Mm110 Room Commuaity 8aeilitiam Dimtriat ir proporod to finuwm tha aoartruatioa of awar Oityuidr
fWflitir8 nW@858- to IWW@ amw dwrlopnmnt. If the
~~1104008 Cunmanfty Paailitiar Diltriat i8 not formd, or if tbo Oormaurrity Paoiliths DDirtriut ir formmd butt&r
rubjrct proprrti88 arm not prrtiaipmatr within that
bi8triutr tha r8puirad Baaoral ~laa Ceamhta&ey fiading amot be made. No dirorrtiormry 8pprovala, Building
Par&t8 f Qrrdiag Fmnnita, Pia Yapa, or developmant pomritr will ba i88Ued or 8pprovsd U&l088 aa alternate iinurahg mrabanirm ir providrd by thl dovmlopar wd
rpprovad by the City Counail to fiauia8 the frailitias lw~rlly a plbable %on8 19 that would havr bran or are inoludad P n the Comnuaity Paailitioa Dirtriat.
arb
DECEMBER 11, 1990
TO: CITY CWNCIL
VIA1 CITY MANAGER
FROM t Planning Dopartmant
mvI810~8 To PRouA9!30 maSOImIOl m. 2110
Staff io racommmding that the City Ceuncil amnd Planning . Comnisrion Resolution No. 3110 for CT 89-19 8u followmt
Modify Condition No, 26 to mliminato Wmd watlaad buffrr~~, RaviPrd condition to read as follawr:
ii. Prior to the i88uaaer of say buiXdiag permit, thr 8ppliaaM ah811 rubmit l vidmar ratirfaoto~ to tha Plaming Diraatar that a?a aff!rr of dedia&ion al Cbm wrthad Y bra baaa mad8 to the Itatcl
Ii-d8 cOmi88bn.
Under the haadlng Wrowth Maaagamat”, add Conditkm No. 92, to
rrad a8 folkwe:
92. JIgprOval Of thi8 8UbdiVi8iOn arap ir am!itingmnt U&&Xi thQ
prQVi8hn Of l daquatm publie f80ilitb8 t0 8ati;fyt;;; wbliu rmilitirr alemont of the Qamral PX8a. L, timm a Wall0 no08 Community raoilitim8 Dhtriot ir
propor+d to finma@ the aoamtruatioa of ravrral Citywide
fWilitia8 lMO9888rjl to IOrVm a8w dw~lopnant, If the IWllO-ROO8 COmXWnity PaUilitia8 Pimtri8t i8 not formad,
Di;ltriGt, th. ra
auraot be made.
088 ma altrrrnatm
dwrlopor rrnd th. fWd.liti~8 we bran or are NWIity Paoiliti88 Dirtrimt,
arb
- P 02
TERREUWATXAICP PLANNING CONSULTANT I728UNIONSP,,SUITE208
f3AN FRANoIsco, CA s4123
14151 ii.0649
December 11, 1990
Mayor Lewis and Members of the City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008
Re: Proposed Approval of Broccato Zone Change and Tentatj ve Tract Map
Dear Mayor Lewis and Members of the City Council:
This letter is submitted on behalf of Project Future. As you are aware, Project Future has long advocated the completion of the General Plan update currently in progress prior to the processing or approval of major projects in the City. The purpose of this I letter is to :apprise the City Council of Project Future's position that until an adequate General Plan is in place, projects such as Broccato should not be approved.
Specifically, it is our understanding that the City is about to embark on an update of the City's Housing Element. The proposed Broccato project is a residential project. To approve the project prior to the Housing Element update is in Project Future's opinion, premature.
Project Future respectfully requests that action on this and other major projects in the City await the adoption of the updated General Plan. We appreciate this opportunity to comment on the proposed project.
Very truly yours.,
h’C’,J BY: xEHUS JELtc.W 1tt-c ‘,‘5)10 ; i~:-l,d-,?~-~ -i:r,1 I/ I
^+
3
DECEMBER 18, 1990
TO: CITY COUNCIL
VIA: CITY WAGER
FROM: Planning Department
Rl$VISIOt?S !CO BROCATTO Re8OWTXON NO, 3110
Staff is recommending that the City Council amend Planning Co~~~iBsion Resolution No. 3110 for CT 89-19 Z&B follows:
%, ,
,,’
,’ .,
Modify Condition No. 14 to ensure that the parking let is for exclul~ive use by the public. Revised condition to read ae followe:
14. The applicant shall establish a homeowner'8 association and corresponding covenants, conditions and restrictions. Said CC&R!9 shall be submitted to and approved by the Planning Director prior to final map approval. The CC&R'8 shall include provisions specifying: (1) homeowner's association maintenance respansibility for all natural and manufactured project open apace areas including the wetlands buffer area, public trail and parking lot, and (2) that no private development (i,e, rcaryard structures or landscaping) shall be permitted within this open space; and (3) tha parkitlg lot shall have aignsge indioating that it is for public uso and the CO&R16 ahall prohibit um by the BroUatto rmidonts and their gursta. Public access, landscaping or other public utilities as approved on the Landscape Concept Plan (Exhibit "G“, dated September 18, 1990) shall be permitted.
Modify Condition No. 26 to eliminate Vad wetland buffar’~, Revised condition to read as follows:
26. Prior to the ismaancrm of any building pm@it, the appliaant shall submit avidma+ ratisfrotory to the Plmning Pireotor that l h offar of dodioatioa bf the
vatland W has bran made ts the Btate IdUuh COlUBiiMtiOb, .'I
Modify Condition No. 47 to allow the possibility of grading prior to final map recordation. Revised condition to read as follows:
47. NO grading pmmitr shall bs i8aumd for this subdivirioa .j.
prior to rroordatian of thr final map unlmsa l pprovm3 by : the Ccmnunity Dovmlopnlent DireQtoE, City Gnginasr, wd Plunning Dirmtor. i
,
-
Eb6lcember 18, 1990 city Council Page 2
Under the heading Wrowth ManagezmntlR, add Condition NO. 92, to read as followe:
92. Approval. of this subdivision map is contingent upon the provision of adequate public facilities to satisfy the public Facilities Element of the General Plan. At this time d Ms110 Rooe Community Facilitirr District is proposed to finance the construction of aevoral Citywide facilities necessary to serve new development. If the Mello-Roos Community Facilities District is not formed, or if the Community Facilities District isr formed but the subject preperties are not participants within that District, the required General Plan Comistenoy finding cannot be made. Therefore, au final map a&a be agprovsd unlsam the Citywide Well0 Roes Distrfat ia formad OT 8a alteraatm f iaanaing meohrairm is provided by the dmvrlopsr and approved by the City ~ouacril ta fiaaaoe the faaflitien legally appliurblm to aone 19 that would have beea or II+ inalud8d in the colamunity Baailitim8
rfowdn
mu the fowioa$f the Bist&&
arb c:llbpSl pkwnmbro
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will
hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive
(formerly Elm Avenue), Carlsbad, California, at 6:00 p.m. on Tuesday,
December 11, 1990, to consider an application for certification of an
Environmental Impact Report and and application for a Zone Change (from LC
to OS and R-L-7500-Q), a 79 lot/72 dwelling unit Tentative Tract Map, and
a Site Development Plan and Hillside Development Permit on property
generally located on property along the north shore of the east basin of
Batiquitos Lagoon, south of the Spinnaker Hills Development, east of the
Sea Cliff Devleopment, and immediately west of the Aviara Master Plan,
in Local Facilities Management Zone 19 and more particularly described as:
All portions of lots 1, 11 and 12 in Section 33, Township 12
south, Range 4 west, San Bernardino Meridian.
Those persons wishing to speak on this proposal are cordially invited to attend
the public hearing. If you have any questions concerning this application,
please call the Planning Department at 438-1161.
If you challenge the Environmental Impact Report/Zone Change/Tentative Tract
Map/Site Development Plan/Hillside Development Permit in court, you may be
limited to raising only those issues you or someone else raised at the public
hearing described in this notice or in written correspondence delivered to
the City of Carlsbad at or prior to the public hearing.
CASE: EIR 89-l/ZC 89-6/CT 89-19/SDP 89-7/HDP 89-37
APPLICANT: BROCCATO
PUBLISH: November 29, 1990
CITY OF CARLSBAD
CITY COUNCIL
4
Ci1y d Clrlsbll
SIR bb-t/c7 be-lb
BROCCATO *DP ,,-T, nor bb-37 tc b.-b
Cm&bad Jou;nd
Decreed A Legal Newspaper by the Superior Court of San Diego County
Mail all correspondence regarding public notice advertising to
N.C.C.N. Inc. P.O. Box 878, Encinitas, CA 92024 (619) 753-6543
Proof of Publication
STATE OF CALIFORNIA, ss.
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 Journal, a newspaper of general circulation,
published 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, printed 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
VT? ‘-NWW&U&g-W preceding the date of publication of the
PUBLIC HEARING notice hereinafter referred to; and that the
NOTICE IS HEREBY GIVEN that notice of which the annexed is a printed
the Board of Directors ofthe Carls- bad Municipal Water District will copy, has been published in each regular
conduct a public hearing on Tues- day, December 11,1999, at 690 p.m. and entire issue of said newspaper and not
to consider Resolution No. 701. adopting a” Urban Water Manage- in any supplement thereof on the follow- ment Plan. Every urban water supplier pro- viding water for municipal pur- ing dates, to-wit:
poses to mnre than 3,090 customers Or supplying more than 3,ooO acre feet of water annually must pre- pare and adopt a” Urban Water Management Plan. Contents of the Plan must include: (a) an estimate of past, current. and projected water use. (b) conservation mea&es cur- rently adopted and being prac- tieed. (c) alternative water conserva- tior! measures, if any, which would improve the effiitiency of water use with an evaluation of their costs and environmental and other sieni- ticant impacts. cd) a schedule of imolementation f”; proposed actions.’ (e) the frequency and magnitude of supply deficiencies. (D Gste water reclamation. (g) exchanges or transfers. (h) management of water system pressures and peak demands. (i) incentives to alter water use practices. (j) public information and educa- tional programs. (k) changes in pricing, rate struc- tures, and regulations. CARLSBAD MUNICIPAL WATER DISTRICT
Pmof of Publiiation 6/90 NDLA CJ 5643: November 29.1990
NOVEMBER 29 1990
19-
19-
19-
19-
I certify under penalty of perjury that the
foregoing is tnre and correct. Executed at
Carlsbad, County of San Diego, State of Cali-
fornia on THE 29TH
day of NOVEMBER, 1990
Clerk of the Printer
November 26, 1990
Ms. Pam Carr
Carlsbad Journal
P. 0. Box 878
Encinitas, CA 92024
RE: LEGAL AD FOR 11/29/90 PUBLICATION
Per our conversation this date, enclosed is a better copy of the legal ad
which we faxed to you. We do need the map to appear with the ad, so hope
you can get it from this copy.
Please call me at 434-2809 if you have any questions or problems with this.
LEE RAUTENKRANZ
City Clerk
LR
1200 Carlsbad Village Drive * Carlsbad, California 92008 - (619) 434-2808
-
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will
hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive
(formerly Elm Avenue), Carlsbad, California, at 6:00 p.m. on Tuesday,
December 11, 1990, to consider an application for certification of an
Environmental Impact Report and and application for a Zone Change (from LC
to OS and R-1-7500-Q), a 79 lot/72 dwelling unit Tentative Tract Map, and
a Site Development Plan and Hillside Development Permit on property
generally located on property along the north shore of the east basin of
Batiquitos Lagoon, south of the Spinnaker Hills Development, east of the
Sea Cliff Devleopment, and immediately west of the Aviara Master Plan,
in Local Facilities Management Zone 19 and more particularly described as:
All portions of lots 1, 11 and 12 in Section 33, Township 12
south, Range 4 west, San Bernardino Meridian.
Those persons wishing to speak on this proposal are cordially invited to attend
the public hearing. If you have any questions concerning this application,
please call the Planning Department at 438-1161.
If you challenge the Environmental Impact Report/Zone Change/Tentative Tract
Map/Site Development Plan/Hillside Development Permit in court, you may be
limited to raising only those issues you or someone else raised at the public
hearing described in this notice or in written correspondence delivered to
the City of Carlsbad at or prior to the public hearing.
CASE: EIR 89-l/ZC 89-6/CT 89-19/SDP 89-7/HDP 89-37
APPLICANT: BROCCATO
PUBLISH: November 29, 1990
CITY OF CARLSBAD
CITY COUNCIL
4
til, of hbrl
E,R IID-IICT Lo-10
BROCCATO SDP 19-11 HDP 00-31 LC 19-8 -.
-
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will hold
a public hearing at the Council Chambers, 1200 Carlsbad Village Drive (formerly Elm
Avenue), Carlsbad, California, at 6:00 p.m. on Wednesday, October 17, 1990, to consider
recommending approval of the certification of an Environmental Impact Report and the
approval of a Zone Change (from LC to OS and R-1-7500-Q), a 79 lot/72 dwelling unit
Tentative Tract Map, and a Site Development Plan and Hillside Development Permit on
property generally located on property along the north shore of the east basin of Batiquitos
Lagoon, south of the Spinnaker Hills Development, east of the Sea Cliff Development, and
immediately west of the Aviara Master Plan, in Local Facilities Management Zone 19 and
more particularly described as:
All portions of lots 1, 11 and 12 in Section 33, Township 12
south, Range 4 west, San Bernardino Meridian.
Those persons wishing to speak on this proposal are cordially invited to attend the public
hearing. Copies of the staff report will be available on and after October 11, 1990. If you
have any questions, please call the Planning Department at 438-1161.
If you challenge the Environmental Impact Report/Zone Change/Tentative Tract Map/Site
Development Plan/Hillside Development Permit in court, you may be limited to raising only
those issues you or someone else raised at the public hearing described in this notice or in
written correspondence delivered to the City of Carlsbad at or prior to the public hearing.
. CASE FILE: EIR 89-l/ZC 89-6/CT 89-19/SDP 89-7/HDP 89-37
APPLICANT: BROCCATO
PUBLISH: OCTOBER 4, 1990
CITY OF CARLSBAD
PLANNING COMMISSION
4
City of Chbd
BROCCATO EIR re-l/C7 89-19
SDP
(Form A)
TO: CITY CLERK’S OFFICE
RE:
PLANNING DEPARTMENT
PUBLIC HEARING REQUEST
Attached are the materials necessary for you to notice
BROCCATO PROJECT
for a public hearing before the City Council.
Please notice the item for the council meeting of
DEC. 11, 1990 .
Thank you.
,
Assistant City Man*-
11113190
Date
. . . .
i
.- , ‘L
THCWLSCCHRIST~H7U3IB
7207 WISTERIA WAY CARzsBAD, CA 92008
tiIDH.WEIMEZ 7205 WISTERIA W CARLSBAD, CA 92008
PACIFIC RIMLmDASScr.
C/O HILLNAN PmPEKITES 450 NEWPORlY CENTER DR.#304 NrmPOm BE?CH, CA 92660
CHARLES&JUDITHDE 7214 AZALEA PLACE CXF&SW, CA 92008
MARK&MICHELLEFINRCM 7210 AZALEA PLACE CARLSBAD, CA 92009
MARKBALDWIN 7212 AZALEA PLACE CARLSBAD, CA 92009
mm & M?iRJoRIE HANAWAY
3064 LE JEUNE Cm 29 PAT&%, CA 92278
RICHARD&--
7304 AiiaLEA PLACE CARLSBAD, CA 92009
-KIEETE
921 POPPY LANE CARLSBAD, CA 92008
lZOUGLAS&HELENDUKE 919 POPPY LANE CARLSBAD, CA 92009
MR. c MRSGREGGLmD1s 917 POPPY LANE cmLsB?D, CA 92009
MICHAEL&DEBORAHJZCK 915 FJQPPY LANE CARLSAD, CA 92008
JIMMIE&MARIEIQDER 918 FOPPY LANE cAmsBAD, CA 92009
smGH -ER 916 F0PPY LANE -, CA 92009
ROBERT HULL 913 POPPY IAm CARLSBAD, CA 92008
FaGER&GAu,Imn 920 POPPY LANE CARLSAD, CA 92008
-wELDceJ 922 POPPY IJWE CARLSBAD, CA 92008
ROBEKI'&JoANMAcGREGOR 7205 AZALEA PLACE, P.O. BOX 78' -, CA 92008
FRANCESAND~
904 FOPPY LANE CARLSBAD, CA 92009
CITY OF CARLWAD NOMAILINGADDRESS AN!l!HClW&PHYILISF'EPE
902 POPPY LANE IA fIzlx?m, ix 92009
WIiXIE&LEONA~
910 FOPPY LANE CARLSBAD, CA 92009
m&I%NIJEHBoSSE 5787 COLLEGE AVE. SAN DIEGO, CA 92120
DENNIS&JEmBoLmG 914 POPPY LANE CAHLSBAD, CA 92008
JOBN & PRISCILTaAWHITE 906 POPPY LANE CARLSBAD, CA 92008
THams&NANBALDwIN 908 FOPPY LANE CARLSBAD, CA 92008
JAMES&-~
911 POPPY ImE CARGBAD, CA 92009
JOANKING
909 FOPPY LANE cIARLsm, CA 92009
THOMAS KEPHAFZ 17400 INDEX !nREE!r GFWANDA HILLS, CA 91344
GARY& PATFWIATERENIM 922 BEGONIA CaJKr LA COSTA, CA 92009
JEFFRiY&NIKKIRAME30 2266 CAMBFUDGE AVE CARDIFF, CA 92007
JAMEs&sANDRA-
910 BEGONIA ama? CARISBAD, CA 92008
MR.&MRs.ARDENMILLER
913 BEXXNIA COURT cAIu;sBAD, CA 92008
JOHN KOSKO
919 BEGONIA OuRr tIl??asm, CA 92009
DAvID6lKATHmN-IN 925 BEGCXUA CouRr fzARlsm, CA 92009
GLENN&PATRICIAGIBBcXS 931 BZONIA Coum CARLSU, CA 92008
LESLIEPAIGEMAIER 907 FOPPY L?mE CARLSBAD, CA 92009
CITYOFcAFasBAD NOMAILINGADDRESS
-xFumJR&KATHLEENRAHN 920 EEGfmIA C~U-RIT -, CA 92008
JOHN & JOYCEREEL 914 BFGONIA Coum CARLSBAD, CA 92008
WILLIAM-ETAL
909 Blz.axm azum CARLSBAD, CA 92008
MERRILL &AuDREYLYas 915 BlmaIA COUKC CARLsBbD, CA 92008
DcmLD&ALICECoNNoF!s
921 BEGONIA CouRr -, CA 92009
TK&MWUINDJOHSCM 927 BEGJNIA COURT CARLSAD, CA 92008
THW?iS&CYNTHIAW?lRD 937 BEGmIA CouKr cARI;sBAD, CA 92009
MICHAEL&SUSANNEDuFFy 905 FOPPY LANE CARLSBAD, CA 92009
DAVIDMAKUN 924 BEamA carrrr
CANSBAD, CA 92008
MXHAEL&MEGANMERU 918 BWmIA COURI' CARLSBAD, CA 92008
MILTON&JEANBROCKWW 912 B-IA COUKF cARz;sBAD, CA 92009
!XNALDCJOANWLFE
911 mamA CCURT LA COSTA, CA 92009
DAvEIcumN 917 -IA COUHT cARLsAD, CA 92008
RAYMxDm 923 BEGONIA COURT CARLsBAD, a 92008
-&m~cLwDERTRs 929 BEamA CouRr cAIG!ZW, CA 92008
MARKcARGoE!rAL
939 BEGanA coum CARLSBAD, CA 92009
RoNALD&ANNPEFm 935 BEamI CcuKr CAIUSBAD, CA 92008
A.LLEN& BARBARASIMS
943 BEGONIA COURF CARLSBAD, CA 92009
DAvID&PAMELABmIzERETAL
945 BEGONIA COURT CARI.SBAD, CA 92008
STUART Ram 941 BEGONIA CWRT CARLSBAD, CA 92008
DOUG&SUsANMELMIOR 942 BBzmrA CouKr (ZARISBAD, CA 92009
DONOVAN &vmGINIAwHITE 934 BEamA c!ouKc CARLSBAD, CA 92008
ROBERT&BAFBAPAWELLS
944 BEGONIA C!OUW CARLSBAD, CA 92008
WILLUM&PEARLHOLMES 928 BEGONIA COURT CARLsBAD, CA 92008
PATRICKCOX 932 Bl%@ZtA CWRT CARLSW, CA 92009
SHEmI-IN 930 BEGOMA cxluRT D, CA 92009
JAMEscAsTNER ~~FOXCHASELANE WEST HARTFORD CT 06107
IuxEKr & MARJORY SNYDER 7213 WISTERIA cAR:sBAD. CA 92009
RIcHARDf~cARP~ 7215 K'I- WAY CAIiLsBAD, CA 92008
WILLIAM&JUWITASTENLUND 7217 WISTERIA WAY CARLSBAD, CA 92009
ROBERT&PEFwCADWELL 4610 PASm DE Lx>S lW?TUGAS mRRANcE, CA 90505
PHILIPPE&-- 1137 WE- DR. VENTURA, CA 93003
MARIE- 7152 LANTANA TERRACE CARLSBAD, CA 92009
BRIAN&MERLICETYNAN 7152 LANTANA TERRACE cARL.SN, CA 92008
ANNEJOSCHONTZLER 7156 LAWANA TERRACE CARJSBAD, CA 92008
CARL&JUDITHNEX
7158 LAM'ANA TERRACE CARLSBAD, CA 92009
MARYMAHCWEY 7202 LhN'TANA TERRACE CARISBAD, CA 92009
RIcHARDfMILDREDKERR 7204 LANI'm TERRACE CARLSBAD, CA 92008
tIl?aulYN KENNEDY 7206 LANTAN?i TERRACE CARLSBAD, CA 92009
IxxEm&NIKIrn
7208 - TERRACE -, CA 92008
J?mEALLEN 7210 UGTAN?i TERRACE CARISBAD, CA 92008
MR.&MRs.sMITH
7212 LANTANA TEZRACE CARLSBAD, CA 92008
JOBN&LEATRICEZUANICH
7214 UWI!MA TERWuZ (2luuaw, CA 92009
PATFUCKFUSCOE
7216 L?WI'ANA TERRACE CARLSBAD, CA 92009
EDmRD&AsTAFmREsT
7209 WISTERIA PAY cAlusBm, CA 92009
I .
.
ELAINEEALQK ALLEN&BETIYsHAw
121 BFQiDWAY, ROOM 660 7211 L?iNTANA TEmACE SAN DIBXI, CA 92101 cZA.RISBAD, CA 92008
JOHN &-HAIR wlILLmM&DoRurHY-
7207 LANTANA TERRACE 7205 IiZiNTANA TERRACE CARLSBAD, CA 92009 CARTSBAD, CA 92008
DONALD FODA EmAMAEsHREvE
7201 LANTANA TERRACE 7157 mANA TERRACE CARLSBAD, CA 92009 CARISBAD, CA 92009
BEFNICEAPPLEBAUM 7153 L?mmNA TERRACE CARLSBAD, CA 92009
DoRcYrHY-TRUST
7149 LrmTANA TERRACE CARLSBAD, CA 92009
PAUL C JEZWNEHALLBm ROBEFT&LYNNIARMER 7292 llk?wrANA TERRACE 7294 mm TEFWCE LA COSTA, CA 92009 CARLSBAD, CA 92009
ME!LtBElTYLEEDS GEORQZ & GLADYS PURKISS 7298 LANTANA TERRACE 7302 LANTANA TERRACE cAREBAD, CA 92009 CARLSBAD, CA 92009
THOMU&LINDARDEGGEi JOHNLENFZ FTAL 7306 LANTM TERRACE 7308 LANTANA TERPACE c-l&FusBAD, CA 92009 CARISBAD, CA 92009
MIcHAEL&vI~RIAMIuwKEN GEORGE&RAID?AREASONS 7312 LAWAN?i TERFGCE 7402 LANTANA TERRACE !?ARTsm, CA 92009 -, CA 92008
MR. &MRS. JAcKHENDERscpJ MR.&MRs.JAcKHENDERsm 7406 L?WTANA TERRACE 7-408.LFiIWANA TERRACE CARLSBAD, CA 92009 (IARmED, CA 92009
THWAS JAM& PAPPAS
7209 mm TERRACE CARmaD, CA 92009
NARYFRANCESGIBBS P.O. BOX 2576 RANCH0 SANTA FE, CA 92067
MR. &MRS. CRAIGBUCK 7155 mANA TlimACE CARLSBAD, CA 92009
LYNNAUEY
7147 LANTANA TERRACE CARLSBAD, CA 92009
RKHARD-
7296 LANTANA TERRACE CARLSBAD, CA 92009
MR. &MRs.DANMAHTIN 7304 lllANTANA TERRACE CARLSBAD, CA 92008
GEORGE MAKrIN 7310 LANTm TERRACE CARLSBAD, CA 92008
M?lRGEmpE;TERsoNErAL 7404 ULNTANA TERRACE CARLSW, CA 92008
wEmER&mSALINEsIEMENs
7410 LANTANA TERRACE -, CA 92008
MR.&MRS.JOSEPHBRLNNER MARYDOLAN THoMAs&ANNcFwLEY 7412 LAtTEWi TERRACE 7414 mm TERRACE 7420 L?WCANA TERRACE CARLSBAD, CA 92008 CARLsBAD, CA 92008 LA COSTA, CA 92009
LQ- IamJOY MR.cLIFToNMYLLm~ 7422 LARTANA TERRACE 80131 Pm CIXm c?s&sBAD, CA 92009 LA QUINTA, CA 92253
lZLAJNE=S
520 W LAUREL, AVE SIERRA MADRE, CA 91024
FCOBEZl?I%RTINFTAL 9433 LINDEN TERRACZ CARLSBAD, CA 92008
MILDRED- 7425 LINDEN TERRACE CARLSBAD, CA 92009
MRB?@AA.K. SMITH
4 PARKmOD LAGUNA HILLS, CA 92656
DENNIS&JANETOLSoN 7413 LINDEN TERPACE cIIFiNsm, CA 92009
REED&ANNALDER
18615 E LEWORA ST GLIENDOA, CA 91740
JQANNIZSMALL 7333 LINDEN TEm?m
CARLSBAD, CA 92008
NANcysvom 19802 N?im PLACE c2ovINA, CA 91724
ALDoBARom 3753 WEST AVENUE J-14 LANCASTER, CA 93536
Douw6l-m 7423 LINDEN TERPACE CARTSBAD, CA 92009
NEILRIcHARDPmREN
7417 LINDEN TERRACE CARLSBAD, CA 92009
-sMITHErAL 7411 LINDEN TEIRma cAIu;sBAD, CA 92008
RICHARD&CAROLFUXD 7405 LINDEN TEFWCE CARLSBAD, CA 92008
RI~&cAF(DLmxlYDmAL 7405 LINDEN TEm?cE cxusw, CA 92008
SHINZO & HIROKO raTl3 7323 LINDEN TERRACE CARLSBAD, CA 92008
CHARLES&ISAB~FI?CCO
5568 GLENHAVEIN AVE RIvERsIDE, CA 92506
JOHNBAEMAY 7421 LINDEN TERRACE CARtsBAD, CA 92008
EVELYNPALMER 7415 LINDEN TERBACE cJmsBAD, CA 92009
AFamJR&cAROLYNcOLLrNs 7409 LINDEN TERBACE CAtiLsBAD, CA 92009
FUBATsD&KARISHELWIG 7335 LINDEN TERma (2ARTSM, CA 92008
0. F. DREXER 7329 LINDEN TERRACE CARZSBAD, CA 92009
SHINZO & HImKo DATE 7323 LINDEN TESRACE CARtsBAD, CA 92008
CHARLES&EI+zIAW 7321 Lmxm TERRACE CARLSBAD, CA 92009
BEVERLYSCHWABE 7315 LINDEN TERR?cE tz?msBAD, CA 92009
BEVERLY DORSEY 918 MYRTLE COUKI' L?i COSTA, CA 92009
CHRISTIE L?wE 7409 LANTANA TERRACE (lxRLtsBAD, CA 92009
VIEINIA FucHARDs 7331 L?wmm 7ERRAcE c?mLsBm, CA 92009
JOSEPH &TlNALEGIO 7325 LANTANA TERRACE cwu.sBm, CA 92008
c2AMlusm 7319 L?umwA TEmAcE CARISBAD, CA 92009
BEF5RFD&SALLYcc%IEN 7313 - TERRACE CAIILSBAD, CA 92008
BEVERLY- 97 GREmAcK LANE PIzasANT HILL, CA 94523
cHARLEs&RAYM3GoLD~cK HAROLD FOBBINS 7319 LINDEN l?mRzux 7317 LINDEN TEmAa CARLSBAD, CA 92008 cAEu;sBAD, CA 92009
GIN& SHIZUKOFWJII THOMhS&MMULYNPETERSON 7313 LINDEN TEF!mcE 7311 LINDEN TERRAa CARLSBAD, CA 92009 CARLSBAD, CA 92009
IZDXIA BAKER RIcHmD&Ros~-ETAL
919 MYFaTE CcuKr 7411 L?itvrm TEmAcE cZmISBAD, CA 92008 CARLSN, CA 92009
GREGORY& JoH?NQM2GAFFIN EUANOR m 7407 IAbnANA TERRACE 7405 LANTANA TERRACE CARLSBAD, CA 92008 -, .cA 92009
wwTRusT lalLLuM& IJWAHEISER 219 CAL-SE DE SERANO 7327 LFWXNIA TERRACE LEuaDIA, CA 92024 CARLSBAD, CA 92009
JCEN&NORM?iBENSCN ALEEFfT&VXENTINALINDHOLM 7323 I.JNCANA TERRACE 7321 LAWANA TERRACE cJfclusBAD, CA 92009 CARLSBAD, CA 92009
ANN- ERIC&ciTnuA~
7317 LANlmA !lYEmAa 7315 LANTANA TERRACE CARLsm, CA 92009 CARTSBAD, CA 92009
IBmAm & ImsMAKrYNs AIvKN10mzALEzmAL 635 E. LEADOF?A AVE. 7309 L?mTANA TERRACE GLmDoRA, CA 91740 c?LRlsBAD, CA 92009
wlllLullM&NANcy~ SEACLDTH-ASSN 7305 IA,wmNA TERRACE 3187 AlLWAY AVE cAmsBAD, CA 92009 COSTA MESA, CA 92626
1 .
SEACLIITHWIEKMEXASSN c/olamIs PFoPEKmES Ix. 6120 PASEO DEL, NOFU'E J-l CARLSBAD, CA 92008
ELEANOR EISELE 7429 LINDEN TERRAa cIAFuSBAD, CA 92008
DcmLHERsm
917 MYRnE czOuKr CRLSBAD, CA 92008
STATEOFCALIFORNIA ‘NOIGILINGADDRESS.
STATE OF CALmRNIA NOMAILINGADDRESS.
SEACLIFFSHQMEckJNERsASSN SE?iCLlFFH~ASSN c/oLaMIsPmPERrIEs INC. c/o maas PrnPEKrIES INC. 6120 PASEO DEL NORI'E J-l 6120 PASEO DEL NOKX'E #J-l CARLSBAD, CA 92008 CARLSBAD, CA 92008
MAR3Z&GAILHAKCNER PrnIslm & BAFwnA GARNER
5470 s LllcrxT ST 916 MYRTLE COUKF GREDWOD KDLAGE, co 80111 fzAmsBm, CA 92009
MIMI= STATE OF CALIFORNIA 915 M!m!rLE cam? NOI'KLINGADDRESS.
CARLSBAD, CA 92009
STATEOFCALIFONIA NOMAILINGADDFESS.
oDMARK&THELAN 3200 FWRTH AVENUE, SUITE 101 SAN D&O, CALIFORNIA 92103
PACIFIC RIMLANDzssocIATES c/owILmANPRoP~IES 450 NEWPOKJ! CENTER DRIVE #304 NEmOKIT BE?c.H, CA 92660
, .
?AUL&DEBRAW 7212 LINDEN Tl3RRXE CARLSBAD, CA 92008
FfXlGT&SrJSANNAI(DI 7218 LINDEN TERRACE CARLSBAD, CA 92009
LEE&l7IRxNIA~ 7224 -iJNDEN TERRACE CARLSBAD, CA 92009
EDDY & DEBORAH IE SwIEm ~~TREWDIYIOAD GAITHERSBURG, MD 20878
CHARLES&-ADAMS 1647 HIGHLWD DR somBEAM,cA
TTmMAs& EtTxYmYmErAL 7309 L4lmEN TERRACE CARLSBAD, CA 92009
SBSCAR?WZZAE;TAL 7303 LmDEH lY!Emxx CARLSBAD, CA 92008
PHILIP&Er.mNoRTRuEx 7235 LINDm TERRACE CARTSBAD, CA 92008
STEVEN&SAR?UiDICPMEXER 3180 LQS VEZDES DR FAT&BROOK, CA 92029
JTiRcmmRENo Er’AL 7214 LINDa TERRACE CARLSU, CA 92009
DONAID~TPS 7220 LINDE37 TERXE (zlma?o, CA 92009
XNM.D&CHERLYSMIT.H 7226 LINDEN TERNiCE cARI;sBAD, CA 92008
IiEmEm6sYLsAA~ 7232 LINDEN TEBPACE CARLSW, CA 92009
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7234 LINDEN TERRACE CARLSEW, CA 92008
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