HomeMy WebLinkAbout1997-02-18; City Council; 14060; Seapointe Temporary Parking. . p
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CITY OF CARLSBAD - AGEN~M BILL
AB# I$&‘b?o TITLE:
MTG. 2118197 CUP 93-04(D)/CDP 96-18 SEAPOINTE TEMPORARY
PARKING
DEPT. PLN -& CITYMGR $h’
RECOMMENDED ACTION: @If 9340
That the City Council ADOPT City Council Resolution No. q?- ? 3 APPROVING Conditional
Use Permit Amendment CUP 93-04(D) and Coastal Development Permit CDP 96-18 based
on the findings and subject to the conditions contained therein.
ITEM EXPLANATION:
Grand Pacific Resorts has requested permission to provide 32 temporary parking spaces on
City owned excess right-of-way on Carlsbad Boulevard. The property is directly west of the
existing Seapointe Resort and is currently vacant.
The intent of the proposal is to make additional parking available to Seapointe. staff and
guests for up to a maximum of three years while initial sales of timeshare units at the resort
are ongoing. No general public parking will be permitted.
The Planning Commission heard the request at its January 15, 1997 meeting and has
recommended approval by a 6-O vote.
FISCAL IMPACT:
Should the City Council approve the request, the applicant will abide by a license
agreement which stipulates a monthly rental payment of approximately $1 ,OOO.OO to be paid
to the City by the licensee (Grand Pacific Resorts). In addition, the licensee is responsible
for all utilities and any property taxes imposed as a result of the use of the property.
EXHIBITS:
1. City Council Resolution No. 9 ‘7 .- ‘? 3
2. Location Map
3. Planning Commission Resolutions No. 3995 and 4014
4. Planning Commission Staff Report, dated January 15, 1997
5. Excerpts of Planning Commission Minutes, dated January 15, 1997.
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RESOLUTION NO. 9 7 - 7 3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING CONDITIONAL
USE PERMIT AMENDMENT AND COASTAL
DEVELOPMENT PERMIT FOR A NON-REQUIRED 32 SPACE
TEMPORARY PARKING LOT FOR THE SEAPOINTE
RESORT WITHIN EXCESS CITY RIGHT-OF-WAY,
GENERALLY LOCATED EAST OF CARLSBAD
BOULEVARD, NORTH OF ISLAND WAY AND WEST OF
SURFSIDE LANE.
CASE NAME: SEAPOINTE TEMPORARY PARKING
CASE NO.: CUP 93-04(D)/CDP 96-l 8
WHEREAS , on January 15, 1997, the Carlsbad Planning Commission held a
duly noticed public hearing to consider a Conditional Use Permit Amendment and Coastal
Development Permit allowing a non-required 32 space temporary parking for the Seapointe
Resort within excess City right-of-way;
WHEREAS, the City Council did on the 18th day of February , 1997,
held a public hearing to consider the recommendation and heard all persons interested in or
opposed to CUP 93-04(D) and CDP 96-18; and
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, California, as follows: .
1. That the foregoing recitations are true and correct.
2. That the City Council approves the Conditional Use Permit Amendment,
CUP 93-04(D) and Coastal Development Permit, CDP 96-18, and that the
findings and conditions of the Planning Commission contained in
Planning Commission Resolutions No 3995 and 4014 , on file with the
Planning Department are incorporated herein by reference.
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of
C&bad onthe 18th day of February 1997, by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, and Hall
NOES: None
ABSENT: None
ATTEST:
(SEAL)
stant City Clerk
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EXHIBIT 2
SEAPOINTE TEMPORARY PARKING
CUP 93004(D)/CDP 96-l 8
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EXHIBIT 3
PLANNING COMMISSION RESOLUTION NO. 3995
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A CONDITIONAL USE PERMIT
AMENDMENT TO ALLOW A 32 SPACE TEMPORARY
PARKING LOT ON PROPERTY GENERALLY LOCATED
EAST OF CARLSBAD BOULEVARD, NORTH OF ISLAND
WAY AND WEST OF SURFSIDE LANE IN LOCAL
FACILITIES MANAGEMENT ZONE 22.
CASE NAME: SEAPOINTE TEMPORARY PARKING
CASE NO.: CUP 93-04(D)
WHEREAS, Grand Pacific Resorts, “Developer”, has filed a verified application
with the City of Carlsbad regarding property owned by the City of Carlsbad, “Owner”,
described as
Ponto Drive and Carlsbad Boulevard, approximately 40,000 square
feet commonly known as the Anacapa Site; and Lots 1 and 2 in
fractional Section 20, Township 12 south, Range 4 west, San
Bernardino base and meridian, in the City of Carlsbad, in the County
of San Diego, State of California, according to the official plat thereof
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit Amendment as shown on Exhibit “A’‘-“C” dated January 15, 1997, on file in the
Carlsbad Planning Department, as provided by the conditions of approval of CUP 93-04 and
Chapter 21.42 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 15th day of January 1997,
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 CUP 93-04(D); and
WHEREAS, the Planning Commission approved, CUP 93-04 as described
and conditioned in Planning Commission Resolution No. 3692. 3-
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A)
W
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of Conditional Use Permit Amendment, CUP
93-04(D), based on the following findings and subject to the following conditions:
Findinps:
1.
2.
3.
4.
5.
6.
. . .
The Planning Commission finds that the project, as conditioned herein for the
Seapointe Temporary Parking, is in conformance with the Elements of the City’s
General Plan, based on the following:
a. Circulation - The proposed project is setback sufficiently from the travel way that
it will not affect the scenic quality of the corridor.
b. Views of the project will be limited from adjacent roadways.
c. Landscaping will soften minimal visual impacts from roadways.
That the requested use is desirable for the development of the community, is essentially
in harmony with the various elements and objectives of the General Plan, and is not
detrimental to surrounding uses, in that it is located away from existing uses, has
limited hours of operation, and is a temporary use to be abated by a date specific.
That the site for the intended use is adequate in size and shape to accommodate the use, in
that the parking and landscaping fit on the property without the need for variances.
That all 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, in that they are required as part of the conditions of
approval and are reflected on approved exhibits.
That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the project is not anticipated to generate
additional traffic.
That the Planning Director has determined that the project is exempt from the
requirements of the California Environmental Quality Act (CEQA) per Section 15311 of
the state CEQA Guidelines and will not have any adverse significant impact on the
environment.
PC RESO NO. 3995 -2-
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Conditions:
Planning
1.
2.
3.
4.
5.
6.
The Planning Commission does hereby RECOMMEND APPROVAL of the
Conditional Use Permit Amendment for the project entitled Seapointe Temporary
Parking (Exhibits “A “-“C” dated January 15, 1997), on file in the Planning
Department and incorporated by this reference), subject to the conditions herein set
forth. Staff is authorized and directed to make, or require Developer to make, all
corrections and modifications to the Conditional Use Permit Amendment
document(s), as necessary, to make them internally consistent and in conformity with
final action on the project. Development shall occur substantially as shown in the
approved Exhibits. Any proposed development substantially different from this
approval, shall require an amendment to this approval.
The Developer shall comply with all applicable provisions of federal, state and local
ordinances in effect at the time of building permit issuance.
The Developer shall provide the City with a reproducible 24” x 36” mylar copy of the
Site Plan as approved by the final decision making body. The Site Plan shall reflect
the conditions of approval by the City. The plan copy shall be submitted to the City
Engineer and approved prior to building, grading, final map or improvement plan
submittal, whichever occurs first.
The Developer shall include, as part of the plans submitted for any permit plan check,
a reduced, legible version of the approving resolution on a 24” x 36” blueline
drawing. Said blueline drawing shall also include a copy of any applicable Coastal
Development Permit and signed approved site plan.
The Developer shall prepare a detailed landscape and irrigation plan in conformance
with the City’s Landscape Manual. The plans shall be consistent with the theme
for Carlsbad Boulevard; effectively screen the temporary parking area. Plans
meeting these goals shall be submitted to and approval obtained from the
Planning Director prior to construction of the parking lot. The Developer shall
construct and install all landscaping as shown on the approved plans, and maintain all
landscaping in a healthy and thriving conditions, free from weeds, trash and debris.
This Conditional Use Permit is granted for a period of 3 years. This Conditional Use
Permit shall be reviewed by the Planning Director on a yearly basis to determine if all
conditions of this permit have been met and that the use does not have a substantial
negative effect on surrounding properties or the public health and welfare. If the
Planning Director determines that the use has such substantial negative effects, the
Planning Director shall recommend that the Planning Commission, after providing the
permittee the opportunity to be heard, add additional conditions to reduce or eliminate the
substantial negative effects. This permit may be revoked at any time after a public
hearing, if it is found that the use has a substantial detrimental effect on surrounding land
PC RESO NO. 3995 c7 -3- ,
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7.
8.
9.
10.
11.
12.
13.
sues and the public’s health and welfare, or the conditions imposed herein’ have not been
met. This permit may not be extended.
The temporary parking is approved for a maximum period of 3 years, (January 15,
2000) after which all improvements shall be removed and the site graded to
resemble natural contours. The site shall then be hydro-seeded with a native mix to
the satisfaction of the Planning Director.
Scheduled sales tours shall be limited to between the hours of 9:00 a.m. and 8:00
p.m.
No lighting shall be allowed.
The project may only provide appropriate signage indicating that the lot is for
private use and directional information. Signage shall be reviewed and approved by
the Planning Director prior to installation.
CUP 93-04(D) is subject to the approval of CDP 96-18.
The applicant may not sub-lease the property.
Valet parking may be provided.
Engineering
14.
15.
The Developer shall pay all current fees and deposits required.
Prior to hauling dirt or construction materials to or from 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 shall comply with all conditions
and requirements the City Engineer may impose with regards to the hauling operation.
16. The parking lot shall be constructed in accordance with the following and to the
satisfaction of the City Engineer:
a. The two driveway approaches shall be constructed as standard concrete
driveway aprons.
b. The first twenty feet at each driveway shall consist of a minimum 4” thick
section of asphalt concrete.
C. Signing shall be provided to clearly delineate direction of traffic for ingress
and egress.
d. Wheel stops shall be provided for spaces fronting Carlsbad Blvd.
e. Parking spaces shall be striped.
PC RESO NO. 3995 -4- b’
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17. Prior to construction, the applicant shall obtain a City right-of-way permit to install
the two driveway aprons.
Community Services
18. All curb, gutter and sidewalk areas that have been impacted by driveway and wheel
chair ramp cuts shall be replaced.
19. Sewer, water and irrigation service laterals shall be shown on the plans as being
removed in the future or being reused by another party.
Carlsbad Water District
20. The entire potable water system, reclaimed water system and sewer system shall be
evaluated in detail to ensure that adequate capacity, pressure and flow demands can be
met.
21. The Developer shall be responsible for all fees, deposits and charges which will be
collected before and/or at the time of issuance of the building permit. The San Diego
County Water Authority capacity charge will be collected at issuance of application for
meter installation.
22. Sequentially, the Developer’s Engineer shall do the following:
a. Meet with the City Fire Marshal and establish the fire protection requirements.
Also obtain GPM. demand for domestic and irrigational needs from the
appropriate parties.
b. Prepare a colored reclaimed water use area map and submit to the Planning
Department for processing and approval.
23. Prior to the preparation of sewer, water and reclaimed water improvement plans, a
meeting must be scheduled with the District Engineer for review, comment and approval
of the preliminary system, layouts and usages, i.e. GPM - EDU.
24. All landscape plans shall be submitted to the Planning Department per the landscape
manual.
25. If any of the foregoing conditions fail to occur; or if there are, by their terms, to be
implemented and maintained over time; if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No
PC RESO NO. 3995 -5- 9
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vested rights are gained by Developer or a successor in interest by the City’s approval of
this Conditional Use Permit.
Code Reminders:
26. 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.
27. Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 15th day of January 1997 by the
following vote, to wit:
AYES: Chairperson Nielsen, Commissioners Compas, Heineman, Monroy,
Noble and Savary
NOES: None
ABSENT: Commissioner Welshons
ABSTAIN: None
----.
,M\, 1 \
ROBERT NIELSEN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. H%ZMItiER
Planning Director
PC RESO NO. 3995 -6- ld
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PLANNING COMMISSION RESOLUTION NO. 4014
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF COASTAL DEVELOPMENT PERMIT NO.
CDP 96-18 ON PROPERTY GENERALLY LOCATED AT 6400
SURFSIDE LANE IN LOCAL FACILITIES MANAGEMENT
ZONE 22.
CASE NAME: SEAPOINTE TEMPORARY PARKING
CASE NO.: CDP 96-l 8
WHEREAS, Grand Pacific Resorts, “Developer”, has filed a verified application
with the City of Carlsbad regarding property owned by the City of Carlsbad, “Owner”,
described as
Ponto Drive and Carlsbad Boulevard, approximately 40,000 square
feet commonly known as the Anacapa Site; and
Lots 1 and 2 in fractional Section 20, Township 12 south, Range 4
west, San Bernardino base and meridian, in the City of Carlsbad, in
the County of San Diego, State of California, according to the official
plat thereof
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Exhibits “A”-“ C” dated January 15, 1997, on file in the
Planning Department, (Coastal Development Permit CDP 96-18) as provided by Chapter
21.201.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 15th day of January 1997,
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 CDP 96-18.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
4 That the foregoing recitations are true and correct.
B)
Findings:
That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of Coastal Development Permit, CDP 96-18,
based on the following findings and subject to the following conditions:
1. That the proposed development is in conformance with the Certified Local Coastal
Program and all applicable policies in that the project will not affect agriculture,
shoreline, coastal bluffs, or coastal access and is not within any of the coastal overlay
zones.
2. That the development is in conformity with the public access and public recreation
policies of Chapter 3 of the Coastal Act, in that the project is located east of the first
public roadway and will not affect public access or recreation.
Conditions:
1. The Planning Commission does hereby RECOMMEND APPROVAL of the Coastal
Development Permit for the temporary parking lot project entitled Seapointe
Temporary Parking (Exhibit “A “-“C” dated January 15, 1997, on file in the Planning
Department and incorporated by this reference, subject to the conditions herein set forth.
Staff is authorized and directed to make, or require Developer to make, all corrections
and modifications to the site plan document(s), as necessary, to make them internally
consistent and in conformity with final action on the prqject. Development shall occur
substantially as shown in the approved Exhibits. Any proposed development
substantially different from this approval, shall require an amendment to this approval.
2. This approval is valid for a time period of up to 3 years (January 15,200O).
3. Approval of CDP 96-18 is granted subject to the approval of CUP 93-04(D). CDP 96-
18 is subject to all conditions contained in Planning Commission Resolution No. 3995 for
the Conditional Use Permit Amendment.
. . .
PC RESO NO. 4014 -2-
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h
PASSED, APPROVED AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on the 15th day of January 1997, by the
following vote, to wit:
AYES: Chairperson Nielsen, Commissioners Compas, Heineman, Monroy,
Noble and Savary
NOES: None
ABSENT: Commissioner Welshons
ABSTAIN: None
r
CARLSBAD PLANkING COMMISSION
ATTEST:
MICHAEL J. HwZMItiER
Planning Director
PC RESO NO. 4014 -3- 13
‘I ne City of CARLSBAD Planning Departmeul EXHIBIT
A REPORT TO THE PLANNING COMMISSION
Item No. 3 0
Application complete date: July 3 1. 1996
P.C. AGENDA OF: January 15, 1997 Project Planner: Christer Westman
Project Engineer: Ken Quon
SUBJECT: CUP 93-04(D)/CDP 96-18 - SEAPOINTE TEMPORARY PARKING - A
request for approval of a Conditional Use Permit Amendment and a Coastal
Development Permit to allow a non-required 32 space temporary parking lot for
the Seapointe Resort within excess City right-of-way, generally located east of
Carlsbad Boulevard north of Island Way and west of Surfside Lane in Local
Facilities Zone 22.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolutions No. 3995 and 4014
RECOMMENDING APPROVAL of Conditional Use Permit Amendment CUP 93-04(D) and
Coastal Development Permit CDP 96-18 based on the findings and subject to the conditions
therein.
II. INTRODUCTION
The application is a request for the approval of a non-required 32 space temporary parking lot, to
be placed on excess City right-of-way for the purpose of providing parking for timeshare sales
for the Seapointe Resort for a period of time not to exceed three years. The issue related to the
application is screening of the proposed parking area. The project is in conformance with all
applicable plans, standards, ordinances, and policies.
III. PROJECT DESCRIPTION AND BACKGROUND
The applicant, Grand Pacific Resorts, has requested permission to provide 32 non-required
temporary parking stalls for the Seapointe Resort. The temporary lot will be surface with
decomposed granite. The parking spaces are proposed west of, and will be accessed from
Surfside Drive. Overall, parking will be provided within the temporary lot and the permanent
underground parking lot. Landscaping will be provided .as a screen on the north, west and south
sides of the parking area.
The subject property is generally at grade with Surfside Lane at the south end and is elevated at
the north end. It is generally at grade with Carlsbad Boulevard at the south end and
approximately 15 feet above Carlsbad Boulevard at the north end. Surrounding land uses include
the South Carlsbad State Beach campground to the west, the Solamar Mobilehome Park to the
north and both the La Costa Downs subdivision and the Lanikai Lane Mobilehome Park to the
south.
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CUP 93-04(D)/CDP 96-l 8 &APOINTE TEMPORARY PARIUNc
JANUARY l&l997
PAGE 2
The property is vacant, has been disturbed through grading and is currently not needed for
Carlsbad Boulevard. The City has no short term plan to put the property to use and has entered
into a short term (not to exceed three years) lease agreement allowing the applicant to use the
property. The lease agreement does not guarantee approval of the proposed parking, rather a
stipulation of the lease is that the applicant is responsible for securing any necessary
discretionary approvals prior to installation of the facility.
The applicant’s desire to provide the additional parking stems from a concern raised by the
Planning Commission regarding the overall availability of parking at the resort while sales are
on-going.
A Conditional Use Permit (CUP 93-04) was approved for the Seapointe Resort in 1994. This
application will amend that approval to include the City right-of-way property within the scope
of that approval and will be the mechanism to allow the temporary parking.
The application is subject to:
l The Zoning Ordinance Section 21.42 (Conditional Uses);
l The Local Coastal Program Mello II Segment; and
l The Growth Management Ordinance.
IV. ANALYSIS
Staff is recommending that the project be approved as a temporary use. Staffs recommendation
is based on the following discussion which includes the project’s compliance with the General
Plan, aesthetics, and compatibility of the proposal with the surrounding area.
A. GENERAL PLAN and ZONING
The subject property is excess right-of-way for Carlsbad Boulevard. As such it has a Zoning and
General Plan designation of “Major Arterial” but has no typical zoning development standards.
Therefore, the project has been reviewed for consistency with the General Plan Circulation
Element as a scenic roadway.
General Plan Circulation Element
As designed and conditioned, the proposal is consistent with the General Plan Circulation
Element. The parking is proposed to be located adjacent to Carlsbad Boulevard, which is a
General Plan designated scenic roadway. The City’s goal is to preserve and enhance the visual,
environmental and historical characteristics of the local community through sensitive planning
and design of this transportation corridor. As a scenic roadway, Carlsbad Boulevard is classified
as a Community Theme Corridor, due primarily to the extensive vistas of the Pacific Ocean to
the west. With this in mind, it can be determined that the proposed parking will not significantly
/a’
A
CUP 93-04(D)/CDP 96-18 &4POINTE TEMPORARY PARKlNc,
JANUARY 15,1997
PAGE 3
affect the scenic value of the corridor. Views of the proposed parking, looking east, are limited
from the southbound lanes because of topographical differences between the road, the project site
and intervening land forms. The greatest visibility will be from the northbound lanes of Carlsbad
Boulevard looking east. The parking will have a presence along the northbound side of the
corridor but will not affect views of the ocean from the Boulevard. Nonetheless, to soften the
visibility of the parking it has been set back 60 feet from the road edge, and landscaping
consistent with the Carlsbad Boulevard theme has been required as a visual screen between the
parking and the roadway.
B. CONDITIONAL USE PERMIT
Conditional land uses such as time share resorts possess unique and special characteristics which
make it impractical to include them as permitted uses “by right” in any of the various zoning
classifications. The authority for the location and operation of these uses is subject to Planning
Commission review and approval. This application will amend an approved conditional use
permit to include the City right-of-way property and the temporary off-street parking. The
following facts are found to exist for this conditional use permit amendment:
1. That the requested use is desirable for the development of the community, is essentially
in harmony with the various elements and objectives of the General Plan, and is not
detrimental to surrounding uses, in that it is located away from existing uses, has limited
hours of operation, will not be lit, and is a temporary use to be abated by a date specific.
The project site is associated with a commercial development, yet it is within close
proximity to long term and short term residential areas. Solamar Mobile Home Park,
Lanikai Lane Mobile Home Park and the South Carlsbad State Beach campgrounds are
nearby. In an effort to eliminate any potential operational incompatibilities, conditions
have been placed on the project which will restrict tour hours from 9:00 a.m. to 8:00
p.m.; require all activities to be conducted within the building; and, limit the approval to a
maximum of 3 years.
2. That the site for the intended use is adequate in size and shape to accommodate the use, in
that the parking and landscaping fit on the property without the need for variances. There
are no setback regulations, however, the parking has been set back 45 feet from Carlsbad
Boulevard and 9.5 feet from Surfside Lane.
3. That all 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, in that they are required as part of the conditions of approval
and are reflected on approved exhibits. All improvements shall be in conformance with
the approved exhibits.
4. That the street system serving the proposed use is adequate to properly handle all traffic
generated by the use, in that the street has been developed as a local cul-de-sac which has
the capacity to accommodate a greater number of daily trips than are expected with this
project.
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CUP 93-04(D)/CDP 96-l 8 SEAPOINTE TEMPORARY PARKING
JANUARY 15,1997
C. LOCAL COASTAL PROGRAM
The project site is located within the Coastal Zone and, therefore, requires a Coastal
Development Permit. The proposed development is in conformance with the Certified Local
Coastal Program and all applicable policies in that: (1) the project will not significantly affect
existing public views since it is located on the east side of the first public road; (2) the property is
not within the agricultural overlay zone and has no value as agricultural land; (3) there are no
steep slopes or sensitive habitat present on the site; (4) the project will not affect physical or
visual access to the beach; and (5) the proposal will not affect erosion of coastal bluffs.
D. GROWTH MANAGEMENT ORDINANCE
The project will not generate the need for any facilities. This is because most needs are based on
dwelling units or equivalent dwelling units in the case of water and sewer demand. No dwelling
units or estimated dwelling units can be attributed to the project.
V. ENVIRONMENTAL REVIEW
The proposal is exempt under the California Environmental Quality Act as a temporary
accessory structure appurtenant to an existing commercial facility. Class 11: Section 153 11.
ATTACHMENTS
1. Planning Commission Resolution No. 3995
2. Planning Commission Resolution No. 40 14
3. Location Map
4. Background Data Sheet
5. Local Facilities Assessment Form
6. Disclosure Statement
7. Exhibit “A’‘-“C” dated January 15, 1997.
CWbk
-
BACKGROUND DATA SHEET
CASE NO: CUP 93 -04(D)/CDP 96- 18
CASE NAME: SEAPOINTE TEMPORARY PARKING
APPLICANT: GRAND PACIFIC RESORTS
REQUEST AND LOCATION: A non-reauired 32 snace temporary parking lot generally
located at 6400 Surfside Lane.
LEGAL DESCRIPTION: Ponto Drive and Carlsbad Boulevard, approximately 40,000 square
feet commonly known as the Anacapa Site; and Lots 1 and 2 in fractional Section 20. Township
12 south, Range 4 west, San Bernardino base and meridian. in the City of Carlsbad, in the
Countv of San Diego. State of California, according to the official nlat thereof
APN: N/A Acres: 1.0 Proposed No. of Lots/Units: N/A
GENERAL PLAN AND ZONING
Land Use Designation: N/A
Density Allowed: N/A Density Proposed: N/A
Existing Zone: N/A Proposed Zone: N/A
Surrounding Zoning and Land Use: (See attached for information on Carlsbad’s Zoning
Requirements)
Zoning Land Use
Site none vacant, none
North OS vacant, OS
south R-1-10 vacant, RM
East T-C hotel, T-R
West OS vacant, OS
PUBLIC FACILITIES
School District: Carlsbad Water District: Carlsbad Sewer District: Carlsbad
Equivalent Dwelling Units (Sewer Capacity): 2
Public Facilities Fee Agreement, dated: N/A
ENVIRONMENTAL IMPACT ASSESSMENT
0 Negative Declaration, issued
Cl Certified Environmental Impact Report, dated
lxl Other, Exempt Section 153 11. Accessorv structure to an existing commercial use
h
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: Seapointe Temporary Parking CUP 93-04(D)/CDP 96-l 8
LOCAL FACILITY MANAGEMENT ZONE: 22 GENERAL PLAN: N/A
ZONING: N/A
DEVELOPER’S NAME: Grand Pacific Resorts
ADDRESS: 5050 Avenida Encinas Suite 200 Carlsbad, CA. 92008
PHONE NO.: 43 l-8500 ASSESSOR’S PARCEL NO.: N/A
QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 1.0 ac.
ESTIMATED COMPLETION DATE:
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
City Administrative Facilities: Demand in Square Footage =
Library: Demand in Square Footage =
Wastewater Treatment Capacity (Calculate with J. Sewer)
Park: Demand in Acreage =
Drainage: Demand in CFS =
Identify Drainage Basin =
(Identify master plan facilities on site plan)
Circulation: Demand in ADTs =
(Identify Trip Distribution on site plan)
Fire: Served by Fire Station No. =
Open Space: Acreage Provided =
Schools:
(Demands to be determined by staff)
Sewer: Demands in EDUs
Identify Sub Basin =
(Identify trunk line(s) impacted on site plan)
Water: Demand in GPD =
N/A
N/A
N/A
N/A
N/A
C
N/A
4
N/A
N/A
N/A
22B
N/A
.’ u w - u I City of Cxrlsbad s-
DISCLOSURE STM’EMENT
APPLICANT-S STATE!!ENTOFDISCLOSURE ORCERTAIN OWNERSHIP INTERESTS ON ALLAPPLIC~TIONS
WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL OR AN7’
APPOINTED BOARD. COMMISSION OR COMMI-ITEE
(Pl+se Print)
The following information must be disciosed:
1. AoDlicant
List the names and addresses of all persons having a financial interest in the application.
GMnd Pacific Resorts, Inc. 5050 Avenida Encinas, Suite 200 .
Carl&ad, CA 92008
David Brown -Co-President
2. Owner
List the names and addressees of all person having any ownership interest in the property involve< cityofmrlsbad
1200 Carl&ad Village Drive
Carl&ad, CA 92008
3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the name and addresses of ail individuals owning more than 10% of the shares in the corporation or ownin
any parrnership interest in the pannelship.
G&aJ
4.
2 \ 3 1’
If any person identified pursuant to (I) or (2) above is a non-profit organization or a test. list thl
names and addresses of any person serving as off&r or director of the non-profit organization o
as trustee or beneficiary of the trust.
DISCLOSJ;RM,f!36 7 P&GF 1 nf ') 2075 Las Palmas Dr. - Carisbaa. CA 92009-l 576 - ,619) 438-1161 l FAX (619) 438~089j. t
30
Disclosure Statement
Peq Page 2
5. Have you had more than $250.00 WC& of business transacted with any member of City staff.
Boards, Commissi
No 4 ns, Committees and Council within the past twelve months?
yes - - If yes, please indicate person(s)
Person is defmcd as *Any individual. firm, copart~icrship, joint venture, association, social dub, frarcmai orgakation,
coqmration, estate, trust, receiver, syndicate, this attd atty other county, tity and county, city municipality, district or other pol@zal subdivision or any other group or combination acting as a unit.”
(NOTE: Attach additional pages as necessary)
Signature of Owner/date
Print or type name of owner
DISCLOSJRM 3’96
CI t tm&b .7. ,+Y;* F *,: - g-t-- f&&J gg;;:
Print 0i qpe na& of a@icanr ijk7Pwcr
PAGE 1 of 2
PLANNING COMMISSION January 15, 1997
EXHIBIT 5
Page 3
DRAFT
3. CUP 9%04(DVCDP 96-18 - SEAPOINTE TEMPORARY PARKING - A request for approval of a
Conditional Use Permit Amendment and a Coastal Development Permit to allow a non-required
32 space temporary parking lot for the Seapointe Resort within excess City right-of-way, generally
located east of Carlsbad Boulevard north of Island Way and west of Surfside Lane in Local
Facilities Zone 22.
Chairperson Nielsen announced to the applicant, Commissioners and the public that if the Commission
recommends approval of this item it will be forwarded to the City Council for its consideration.
Chairperson Nielsen requested that the applicant approach the podium and explained that because there
was one (1) Commissioner absent, they were being given the option of having their item remain on the
agenda and be heard with the Commissioners present or to have the item continued to a time when all the
Commissioners are present. Representing Grand Pacific Resorts, Mike Howes of Hofman Planning
Associates, 2386 Faraday Avenue, Suite #120, Carlsbad, CA, responded that they are ready to proceed
at this time.
Project Planner Christer Westman outlined this parking lot project by explaining that Grand Pacific
Resorts has requested a permit to use excess City owned property adjacent to the resort facility, for thirty-
two (32) parking spaces for use by prospective buyers while they attend sales presentations. Mr.
Westman stated that the permit will be for three years and will terminate and the property be restored in
January of the year 2000. Mr. Westman described the area as having two points of access and is
proposed to have both AC paving (on the approach aprons) and decomposed granite (or some similar
material) on the remainder of the surface. He pointed out that the area is proposed to have a short lattice
type fence around the perimeter and mature shrub clusters approximately forty (40) feet apart.
Commissioner Compas asked if the public will be allowed to park in this lot or is to be a valet parking area.
Mr. Westman responded by saying that the intent is to provide ample parking for prospective buyers as
well as staff. He stated he had no specific information on valet parking and that it was not part of the
application. He also added that there would be signage indicating that It is for Seapointe parking only.
Commissioner Compas then inquired about curb stops and lines if there is going to be any time when
visitors will be parking their own cars.
Mr. Westman replied that there is nothing of that nature in the proposed plan. The plan shows a fence but
no curb stops or striping.
Chairperson Nielsen opened public testimony and asked the applicant to step to the podium.
Mike Howes, Hofman Planning Associates, 2386 Faraday Ave., Suite 120, Carlsbad, stated that they are
in agreement with the staff report and the conditions of approval. Mr. Howes voiced the belief that this
project will greatly improve the parking situation in that area as it will free up the parking on the public
streets for those wishing to park and walk to the beach. He pointed out that this is a strictly voluntary
project and reminded everyone that the project is in conformance with all rules and regulations. Mr.
Howes concluded his testimony by expressing their belief that this parking lot will not only benefit the
Grand Pacific Resort project but also the public and the City. The public has better parking and safer
access to the beach and the City will have converted a non-revenue producing piece of land into a
revenue producing property. In addition, Mr. Howes pointed out that since this will only be temporary,
there are no limits on what the City could do with the property in the future.
Commissioner Compas asked if this lot is intended for valet parking only and used primarily on weekends.
Mr. Howes answered affirmatively.
MINUTES a2
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PLANNING COMMISSION January 15, 1997 Page 4
DRAFT
Chairperson Nielsen questioned the applicant how they planned to restrict the use of this lot to valet
parking only and not allow the public or guests to use it.
Tim Stripe, 5050 Avenida Encinas, Suite 200, Carlsbad, CA, explained that it is the policy of the resort to
provide valet parking to all of its guests, particularly those attending sales presentations. He went on to
say that when a individual becomes a resident of the project, they are assigned a parking space in the
garage and visitors are always given free valet parking. He assured the Commission that the lot will only
be used for valet parking and employees.
Chairperson Nielsen again asked how they will control the use of this lot.
Mr. Stripe explained that they give out a very detailed map, in a conformation package, that gives
directions on how to get to the resort and they state (very clearly) to “please pull up to the valet parking
area”.
Commissioner Compas asked if there would be signage that would state the lot is not open to public use.
Mr. Stripe agreed to add the necessary signage, i.e., “This lot is for employees and Valet Parking -
ONLY”.
Chairperson Nielsen invited comment from the public. Seeing no one, Chairperson Nielsen closed the
public testimony and opened Commission discussion.
Commissioner Noble asked what if David Bradstreet comes up with something for that property, before
the end of three years.
Mr. Westman stated that it is his understanding that it is a month to month lease and probably could be
terminated if necessary.
Commissioner Compas asked again about the surface materials and the striping.
Mr. Westman stated that there would be decomposed granite or a similar hard pack surface and with
regard to the striping, he again noted that there is nothing in the plans requiring striping.
Chairperson Nielsen requested that the applicant return to the podium.
Tim Stripe, for the applicant, agreed to provide the striping.
Commissioner Heineman questioned Assistant City Attorney Rudolf as to whether the applicant will have
the latitude to use this property in any way he chooses as long as it is a legal use.
Mr. Rudolf responded by pointing out that the permit limits what can be done with the lease including that
the property can not be sub-leased. He also said that he was sure that there are other provisions in the
lease that, at least, require them to obey all applicable federal, state and local laws.
Commissioner Heineman asked if the lease restricts them to the application specified in this case.
Mr. Rudolf stated that it is his understanding that the permit will be granted for this use alone.
Commissioner Heineman stated that because the City is issuing a Coastal Permit, it is important to know
the limits of the lease.
MINUTES a3
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PLANNING COMMISSION January 15, 1997 Page 5
DRAFT
Commissioner Monroy asked Mr. Rudolf if the City would be liable for damages if an individual parked in
‘that lot and accidentally rolled down the embankment, since there are no curb stops.
Before answering the Commissioner, Mr. Rudolf asked Principal Civil Engineer Bob Wojcik if there is
anything in the plans requiring curb stops.
Mr. Wojcik stated that curb stops are not shown on the plans and that it is an oversight on Engineering’s
part and added that Engineering will require wheel stops to be placed on the lot, at least for those spaces
facing the boulevard.
Mr. Rudolf asked Mr. Wojcik if there are minimum standards that would be applicable to any parking lot in
the City that would require those kinds of things and Mr. Wojcik answered in the negative and added that
it should be specified in the Conditions.
Commissioner Heineman asked the applicant if he is willing to accept a Condition that includes wheel
stops.
Tim Stripe answered that they would be glad to accept such a Condition.
ACTION: Motion by Commissioner Heineman, and duly seconded, to adopt Planning
Commission Resolutions No. 3995 and No. 4014, recommending approval of
Conditional Use Permit Amendment CUP 93-04(D), including the condition that
wheel stops and striping be installed on the lot, and Coastal Development Permit
CDP 96-I 8, based upon the findings and subject to the conditions therein.
Chairperson Nielsen called for any further discussion.
Commissioner Compas stated that he wished to include “requires valet parking” in the motion and
Commissioner Heineman agreed to the additional amendment.
Chairperson Nielsen asked Mr. Wayne if the curb stops and striping need to be included in this motion or
is it a “given” since the applicant has already agreed to provide them.
Mr. Rudolf pointed out that those items are already in the motion
Mr. Wayne reminded the Commissioners that they had spoken of signage and did they still want to some
signage included. He pointed out that, as it stands now, only directional signage is allowed.
Commissioner Compas stated that he wished to include, in his amendment, “valet parking AND
appropriate signage”.
Chairperson Nielsen suggested that the motion be re-stated.
Commissioner Savary stated that if the people visiting the resort are going to a structure located on or
near the parking lot, she did not understand the necessity for valet parking and asked for an explanation.
Chairperson Nielsen re-opened the public testimony and asked Mr. Stripe to step forward again.
Mr. Stripe explained that they consider valet parking a service that they provide for all of their guests and
over the past several years, he hasn’t heard very many complaints. Alternatively, if someone does not
wish to take advantage of the valet parking, they will direct that individual to a parking space other than in
the lot in question.
MINUTES 84
-
PLANNING COMMISSION January 151997 Page 6
DRAFT,
Commissioner Savary commented that she still doesn’t understand the necessity for valet parking but if
the resort wants to provide it as a service, she doesn’t object.
Mr. Rudolf, for clarification, stated that as the motion stands, it is his understanding that the motion
REQUIRES that the resort provide valet parking and that self parking will not be allowed, rather than
making valet parking available if the guest desires to use it. He also pointed out that the motion leaves no
alternative method of parking to the guest.
Commissioner Savary agreed that making valet parking “available” is the proper way to go.
Chairperson Nielsen again closed public testimony, thanked Mr. Stripe and re-opened Commission
discussion.
ACTION: Motion by Commissioner Heineman, and duly seconded, to adopt Planning
Commission Resolutions No. 3995 and No. 4014, recommending approval of
Conditional Use Permit Amendment CUP 93-04(D), and Coastal Development
Permit CDP 96-18, as amended by this Commission, to include wheel stops,
striping, availability of valet parking, and appropriate signage, based upon the
findings and subject to the conditions therein.
Mr. Rudolf interjected, for clarification, that in addition to the signage pertaining to legitimate guests of the
resort, signage prohibiting use by the general public needs to be included, and suggested that the
Commission make that clarification.
Chairperson Nielsen stated that the applicant had already agreed that the signage would contain
language restricting the general public and designating the lot for “Valet Parking and Employees Only”.
VOTE: 6-O
AYES: Nielsen, Monroy, Heineman, Compas, Savary and Noble.
NOES: None
ABSTAIN: None
-
NOTICE OF PUBLIC HEARING
CUP 93-04tDVCDP 96-18
COMPLETE DATE: July 3 1,1996
DESCRIPTION:
A request for approval of a Conditional Use Permit Amendment and a Coastal
Development Permit to allow a 32 space temporary parking lot for the Seapointe Resort
within excess City right-of-way.
LOCATION:
This project is within the City of Carlsbad’s Coastal Zone, and is generally located at
2400 Surfside Lane, in the City of Carlsbad, County of San Diego.
LEGAL DESCRIPTION:
Ponto Drive and Carlsbad Boulevard, approximately 40,000 square feet commonly
known as the Anacapa Site; and Lots 1 and 2 in fractional Section 20, Township 12
south, Range 4 west, San Bernardino Base and Meridian, in the City of Carlsbad, County
of San Diego, State of California, according to the official plat thereof.
APPLICANT:
Grand Pacific Resorts, 5050 Avenida Encinas, Suite 200, Carlsbad, California, 92008,
(619) 431-8500.
A public hearing on the above proposed project will be held by the City Council, in the Council
Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, on Tuesday, February 18, 1997, at
6:00 p.m.
Persons are cordially invited to attend the public hearing and provide the decision makers with
any oral or written comments they may have regarding the project. The project will be described
and a staff recommendation given, followed by public testimony, questions and a decision.
Copies of the staff report will be available on or after February 14, 1997.
If you have any questions, or would like to be notified of the decision, please contact Christer
Westman, at the City of Carlsbad Planning Department, Monday through Thursday 7:30 a.m. to
5:30 p.m., Friday 8:00 a.m. to 5:00 p.m. at 2075 Las Palmas Drive, Carlsbad, California 92009,
(619) 438-l 161, extension 4448.
-
(Form A)
TO: CITV CLERK’S OFFICE
FROM: EHRISTER WESTMAN
RE: PUBLIC HEARING REQUEST
Attached are the materials necessary for you to notice
CUP 93”04(D)/CDP 96-18 - SEAPOINTE TEMPORARY PARKING
for a public hearing before the City Council.
Please notice the item for the council neetlng of &V
Thank you.
Assistant City Han-- -
1
97 /24
Date
APPEALS
If you challenge the Conditional Use Permit Amendment and/or Coastal Development Permit in
court, you may be limited to raising only those issues raised by you or someone else at the public
hearing described in this notice, or in written correspondence delivered to the City of Carlsbad
City Clerk’s Office at, or prior to, the public hearing.
1. Anneals to the Citv Council: Where the decision is appealable to the City Council,
appeals must be filed in writing within ten (10) calendar days after a decision by the
Planning Commission.
. 2. Coastal Commission Appealable Project:
cl This site is located within the Coastal Zone Appealable Area. q X This site is not located within the Coastal Zone Appealable Area.
Where the decision is appealable to the Coastal Commission, appeals must be filed with the
Coastal Commission within ten (10) working days after the Coastal Commission has received a
Notice of Final Action from the City of Carlsbad. Applicants will be notified by the Coastal
Commission of the date that their appeal period will conclude. The San Diego office of the
Coastal Commission is located at 3 111 Camino De1 Rio North, Suite 200, San Diego, California
92108-1725.
CASE FILE: CUP 93-04(D)/CDP 96-l 8
CASE NAME: SEAPOINTE TEMPORARY PARKING
PUBLISH: FEBRUARY 8,1997
\
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SEAPOINTE TEMPORARY PARKING
CUP 93=04(D)/CDP 96-18
RlcH~ii~ T DONAHUE JEFFEREY S MCCABE
4964 DAVID WAY 267 LA VETA AVE
SAN BERNARDINO CA 92404 ENCINITAS CA 92024
MARJORIE R EDWARDS
PO BOX 1905
RANCH0 SANTA FE CA 92067
LESLIE L DEVLIN
1131 AMETHYST AVE
MENTONE CA 92359
TOMMY B WHITE
6910 SANDCASTLE DR
CARLSBAD CA 92009
PST ASSOCIATES THOMAS/MARY CANNON
5150 E PACIFIC COAST HWY 3937 GAFFNEY CT
LONG BEACH CA 90804 SAN DIEGO CA 92130
TOMMY B WHITE
1967 N HIGHWAY 101
ENCINITAS CA 92024
WILLIAM HEAD
PO BOX 207
OCEANS\DE CA 92049
JEANNE’lTE SCOLLqRD
2070 CALETA CT
’ CAR&BAD CA 920QQ
IT’S ABOUT TIME INC
PO BOX 182189
CORONADO CA 92178
SAN DEIGO COUNTY TRANSIT
311 SOUTH TREMONG ST
OCEANSIDE CA 92054
EDWIN M MONTGOMERY
476 DELAGE COURT
ENCINITAS CA 92024
,’
SAMMIS CARLSBAD ASSOC
18802 BARDEEN AVE
IRVINE CA 92715
CHARLES DICKIE
5350 BROADWAY
LONG BEACH CA 90803
MARIE L STANTON
1438 PACIFIC ST
REDLANDS CA 92373
KRISTOPHERIELIZABETH FAMILY
SCHULTE
2930 AVOCADO PT
DEL MAR CA 92014
SALLY S CELORIE
PO BO 2748
RANCH0 SANTA FE CA 92067
PATRICIA M TARTAGILA
56 MONARCH BAY
SO LAGUNA BEACH CA 92677
ROBERT H BARELMANN
1967 HIGHWAY 101
ENCINITAS CA 92024
MARTELL MONTGOMERY
1855 LTUS CT
CARLSBAD CA 92009
SEAPOINTE CARLSBAD
SUITE 200
5050 AVENIDA ENCINAS
CARLSBAD CA 92008
JOHN BACHMAN
SUITE 700
1545 WILSHIRE BLVD
LOS ANGELES CA 90017
CHRISTIAN JULLIAY
5400 LOS ROBLES DR
CARLSBAD CA 92008
MARTELUDIAN MONTGOMERY
1855 LOTUS COURT
CARLSBAD CA 92009
CARLSBiD UNIF SCHOOL DIST SAN MARCOS SCHOOL DIST
801 PINE AVE 1 CIVIC CENTER DR
CARLSBAD CA 92008 SAN MARCOS CA 92069
SAN DIEGUITO SCHOOL DIST LEUCADIA CNTY WATER DIST
701 ENCINITAS BLVD 1960 LA COSTA AVE
ENCINITAS CA 92024 CARLSBAD CA 92009
VALLECITOS WATER DIST
788 SAN MARCOS BLVD
SAN MARCOS CA 92069
CITY OF SAN MARCOS
1 CIVIC CENTER DR
SAN MARCOS CA 92069-2949
CALIF DEPT OF FISH & GAME
SUITE 50
330 GOLDENSHORE
LONG BEACH CA 90802
LAFCO
1600 PACIFIC HWY
SAN DIEGO CA 92101 .
CITY OF CARLSBAD
ENGINEERING DEPT
SD COUNTY PLANNING
SUITE B
5201 RUFFIN RD
SAN DIEGO CA 92123
CITY OF OCEANSIDE
300 NORTH COAST HWY
OCEANSIDE CA 92054
REGIONAL WATER QUALITY
SUITE B
9771 CLAIREMONT MESA BLVD
SAN DIEGO CA 92124-1331
AIR POLLUTION CNTRL DIST
9150 CHESAPEAKE DR
SAN DIEGO CA 92123
CITY OF CARLSBAD
COMMUNITY SERVICES
ENCINITAS SCHOOL DIST
101 SO RANCH0 SANTA FE
ENCINITAS CA 92024
OLIVENHAIN WATER DIST
1966 OLIVENHAIN RD
ENCINITAS CA 92024
CITY OF ENCINITAS
505 S VULCAN AVE
ENCINITAS CA 92024
CITY OF VISTA
PO BOX 1988
VISTA CA 92085
SANDAG
SUITE 800
400 B STREET
SAN DIEGO CA 92101
CITY OF CARLSBAD
MUNICIPAL WATER DISTRICT
PROJECT PLANNER
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