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HomeMy WebLinkAbout2006-12-19; City Council; 18851 Exhibits; Poinsettia PlaceCITY OF CARLSBAD CITY CLERK'S OFFICE Date: December 14,2006 „ TTFrom: RonHogan President, Poinsettia Heights Homeowners Association To: City Counsil, City Of Carlsbad Art:(1) Request For Calculations, City Of Carlsbad Planning Department (2) Poinsettia Place Development Area Exhibit (3) Tentative Map/Site Development Plan Poinsettia Heights AGENDA ITEM # (4) Poinsettia Lane & Cassia Road (5) Ingress & Egress To Cassia Road (6) Cassia Road Backup At El Camino Real (7) Cassia Road Ingress/Egress At Villa Loma Complex (8) Cassia Road Parking & Safety Issues (9) Cassia Road Extension East Development c:Mayor City Council City Manager City Attorney City Clerk U. Subj:City Of Carlsbad City Counsil Case Name: GPA 04-12/ZC 04-08/LCPA 04-08/CT 04-10/CP 05-05/HDP 04-05/SDP 04-07/CDP 04-23/HMPP 06-08 - Poinsettia Place The following items express concerns about the validity of the "Mitigated Negative Declaration" provided by the developer for the proposed Poinsettia Place development located on Cassia Road, Carlsbad, California. We feel for the following reasons that the requested zoning density changes be denied and the accompanying "Mitigated Negative Declaration" be invalidated and the project sent back to the City Planning Department for a more complete review of the Habitat Management Plan and Local Coastal Plan requirements for this parcel. 1. The land for the development has development restrictions imposed on it by the Habitat Management Plan (HMP) and the Local Coastal Plan. The restriction is that only 25% of the land can be developed. The current zoning density for the property is Medium Low Density Residential (RLM), 0 to 4 dwelling units per acre, and Medium Density Residential (RM), 4 to 8 dwelling units per acre. This zoning would have allowed for 83 units to be constructed if the entire 20.3 acres were available for development. To allow this many units to be constructed would have taken a large time and money effort to produce an Environmental Impact Report (EIR) as 75% of this property is undisturbed Pacific Coastal Chaparral. To avoid this time and expense, the developer is proposing to develop only the currently disturbed 25% (5.1 acres), but with the caveat that they be allowed to construct all the units currently allowed for a full 20.4 acres, plus an additional allowance of 7 units for low income housing, bringing the total units to 90. To be able to fit in the low-income units, the developer is proposing to construct what amounts to a very high-density apartment complex renamed as condominiums. To develop the 90 units, the developer needs to change the zoning to high density and to also mitigate the additional grading required to fit in the apartment/condo complex. The actual construction footprint is proposed to be 6.5 acres (31.8% development area). 6.5 acres with 90 units equates to 13.85 units per acre. This is way over what should be allowed on this small of a piece of property. The apartment/condo complex is out of character with the adjoining property at Poinsettia Heights and is one of the primary objections to this development. The Poinsettia Heights Homeowners Association is not objecting to the development, only to its density and the less than creative way to handle the low-income requirements for development. We respectfully request denial of the proposed zoning changes. This will help alleviate the concerns addressed in the following items. The Poinsettia Heights Homeowners Association has repeatedly tried to obtain information and calculations as to how the Developer and the City Planning Department qualified the Poinsettia Place development to meet the 25% maximum development area as defined in the City Of Carlsbad Local Coastal Plan. Please see Attachment 1 for the list of dates, times, contacts and results of these attempts. The first set of data provided was a plot plan titled "Poinsettia Place Development Area Exhibit" (Attachment 2). This plot plan clearly states that the proposed Poinsettia Place development will be within the 5.1 acres allowed by the Local Coastal Plan. However, the actual plot plan documenting the actual development acreage states that the development will consist of 6.5 acres (Attachment 3). This equates to a 31.8% development area, which is in violation of the Local Coastal Plan. It is the calculations and justifications for this overbuild that the Poinsettia Heights Homeowners Association has been trying to obtain from public records. The representative from the Planning Department stated that he was not involved with the project at its inception, and that the person that was had retired. He stated that I would have to contact the developer's representative, Hunsaker & Associates, for information. The representative said he would contact them and have them contact me. On Thursday, December 14, 2006, the City Planning Department provided a written explanation, via email, explaining their perception of the lot development sizes (included in Attachment 1). This explanation did not include justifying calculations as requested. The overbuild issue is still an open question. The overbuild issue was addressed at the City Planning Commission meeting of November 15, 2006. The question of the overbuild area was posed directly to the Planning Department representative responsible for this project. The question "does the proposed Poinsettia Heights development meet the 25% development area criteria of the Local Coastal Plan?" had to be asked three times by the Planning Commissioners. The first two answers were vague. The third tune the question was asked by Planning Commissioner Segall. The answer to his direct question was "Yes, the buildings were within the 25% buildable area". "Buildable Area" is defined in the City Of Carlsbad Municipal Code as "the footprint of the buildings only". "Development Area" is defined in the Municipal Code "as encompassing all disturbed area including grading to the toe of the slopes". Commissioner Segall understood the difference and understood the non- answer to the question and voted "No" on accepting the Negative Impact Declaration. The second item of concern on the list is the Transportation/Traffic section of the Mitigated Negative Declaration. Traffic impact on Cassia Road was not even addressed. The only traffic analysis addressed in the mitigation report was under "Transportation/Traffic", items XV (a) and XV (b), of the "Mitigated Negative Declaration". These two items addressed only El Camino Real and Poinsettia Lane, not Cassia Road. Ingress/egress points to the proposed Poinsettia Place development, as well as existing developments between Poinsettia Lane and El Camino Real, all enter and exit onto Cassia Road. There are no turn lanes on Cassia Road. There are currently, on average, over 40 vehicles parked on Cassia Road due to inadequate parking at the high-density apartment developments east of the proposed Poinsettia Place development site. Cassia Road is a main artery connecting Poinsettia Lane and El Camino Real with a large volume of traffic going in both east and west directions. Final development of Poinsettia Lane will not alleviate current traffic on Cassia Road. Cassia Road will continue to be a main cut-thru artery between El Camino Real and Poinsettia Lane. Cassia Road will also be impacted by development to the east of El Camino Real. For example, the high density, low-income housing and medical facilities being developed with direct access to Cassia Road across El Camino Real. Cassia Road also has a blind corner on the east end, with a down hill east to west gradient. Cassia Road is already dangerous due to current traffic. Cassia Road is poorly designed to be a main artery between Poinsettia Lane and El Camino Real. Limiting the development of Poinsettia Place to a more reasonable density would go a long way in helping the Cassia Road situation. See Attachments (1) - (6) for photographic evidence documenting the described issues. The lack of a traffic study on impacts to Cassia Road was addressed at the November 15, 2006, Planning Commission meeting by the Poinsettia Heights Homeowners Association representative and others. This question was posed to both the Planning Department representative and to a City Traffic Engineer present. Both responded that a traffic study on Cassia Road had not been undertaken. The only mention about Cassia Road in the Planning Department/Developer presented documents to the Planning Commission was the 720 additional Auto Daily Trips (ADT) the Poinsettia Place development will add. The only traffic study done was a modeling exercise to ascertain impacts on Poinsettia Lane and El Camino Real. This fact was admitted too by the Traffic Engineer at the Planning Commission meeting. Four of the Planning Commissioners dismissed the lack of any traffic study by stating that the completion of Poinsettia Lane will alleviate any Cassia Road problems. This is an absolutely untrue statement. Cassia Road will continue to remain a main thoroughfare for vehicle access between El Camino Real and Poinsettia Lane as it is now. Any statement to the contrary shows a lack of understanding of Cassia Road and its continuing role as a vehicle artery in the future. The Planning Commission stated at the November 15, 2006 Planning Commission meeting that it would recommend improvements to Cassia Road to the City Counsil. These improvements to include, but not be limited to: (1). Installation of turn lanes for ingress/egress to Poinsettia Heights and Poinsettia Place, (2) Posting of No Parking signs on both sides of Cassia Road, (3) Lowering the speed limit, (4) Possible speed bumps or stop signs at ingress/egress points. These recommendations should have been action items as part of the proposed Mitigated Negative Declaration. They were not. 6. The Poinsettia Place proposed development was looked at as a stand-alone development. No consideration was given to direct traffic impacts on Cassia Road. No consideration was given to the already high-density developments on El Camino Real and Cassia Road. This is simply another high-density/very high- density development considered in a vacuum. The Planning Commission chair stated at the November 15, 2006, Planning Commission meeting that the Commission needed to start looking at these proposed developments on a regional basis vice singular basis, in the future. Why not now? hi summary, we respectfully request that the Mitigated Negative Declaration be denied and that the Poinsettia Place development proposal be sent back to the Planning Department for completion, as a minimum, in the areas of providing proof of compliance with the City Of Carlsbad Local Coastal Plan and Habitat Management Plan, a definitive traffic study to be completed on Cassia Road with recommendations for the safety of all vehicle, bicycle, and pedestrian users, and the justification for placing a very high-density apartment complex in a residential area. Respectfully, Ron Hogan President, Poinsettia Heights Homeowners Association Request For Calculations, City Of Carlsbad Planning Department 11/22/2006 Wednesday 10:15 AM Traveled to City Of Carlsbad Planning Department. Requested information on how the Planning Department defines "Development" for a proposed project. I was provided a copy of a page from the City Municipal Code defining "Buildable Area", not "Development Area". 11/27/2006 Monday 11:12 AM Returned to Planning Department. A nice lady showed me how to find the City Municipal Code information I was seeking on the City web site. I spoke personally with Mr. Christer Westman, project planner for Poinsettia Place. Mr. Westman said he would provide me with the data that qualified the Poinsettia Place Development, as presented to the Carlsbad Planning Commission on Novmber 15,2006, to be within the 25% development area as required by the City Of Carlsbad Local Coastal Plan. Mr. Westman stated that he would provide me with this data on Wednesday Afternoon (11/29/2006). I followed up with an email this same day confirming our conversation. 11/29/2006 Wednesday 1:14PM I called Mr. Westman and left a message on his voice mail asking if he had the data we had requested. I called again at 2:24 PM requesting a return phone call. 11/30/2006 Thursday 2:20 PM I Called Mr. Westman. He stated that he did not have the information requested. He stated that he had to search the project archives to locate the data. Mr. Westman explained that he was not originally involved with the Poinsettia Place development. That it was given to him when the original planner retired and that it has been an ongoing project for 11A years. Mr. Westman agreed to contact me when he had the data. He confirmed with me that he had my email and phone number. I said that I appreciated his inheriting this project and that I would wait to hear from him. Attachment (1) 12/01/2006 Friday 9:54 AM I followed up the conversation with Mr. Westman on 11/30/2006, with an email verifying our conversation and including my email and phone number. 12/04/2006 Monday 9:29 AM I received an email from Mr. Westman containing two attached files. One file contained the "Poinsettia Place Development Area Exhibit" diagramming the development area to be 5.1 acres, the other file contained verbiage stating that the development area was 5.1 acres. The question now arose as to how a 5.1 acre development migrated to a 6.5 acre development that violated the Local Coastal Plan requirements, passed through the Planning Department, and was presented to the Planning Commission. 12/05/2006 Tuesday 8:45 AM I called Mr. Westman and arranged a meeting at the front desk of the Planning Department for 8:30 the following day. 12/06/2006 Wednesday 0830AM Met Mr. Westman for our scheduled appointment. We went over the "Development Area Exhibit" and the actual "Plot Plan" that was part of the Planning Department package submitted to the Planning Commission on November 15, 2006. Mr. Westman could not account for the discrepancies between the two documents nor could he provide actual calculations qualifying the Poinsettia Place development. Mr. Westman volunteered to contact Hunsaker & Associates who prepared the plot plan and have them contact me personally to provide the answers to my questions. (The question I ask is: "Why is a City Project Planner having to contact a developer for basic information that should be part of a project file.") 12/11/2006 Monday 11:52 AM I sent an email to Mr. Westman referencing our conversation of 12/06/2006, where he stated that he would provide me with a contact at Hunsaker & Associates for answers to my questions and request for qualifying data. I stated that I had not heard from him and reiterated my questions and request for data. 12/13/2006 Wednesday To date the answers to my questions and the public record data requested from the Planning Department have not been forthcoming. 12/14/2006 Thursday Received email statement describing the City Planning Departments perception of the development area for Poinsettia Place. There were no calculations to justify the verbiage. Attachment (1) AT&T Yahoo! Mail - rkhoganl739@sbcglobal.net Page 1 of 1 MAIL Print - Close Window•© Date: Mon, 27 Nov 2006 13:48:22 -0800 (PST) From: "Ron Hogan" <rkhoganl739@sbcglobal.net> Subject: Poinsettia Place Proposed Development To: cwest@ci.carlsbad.ca.us CC: "James McCormick" <jmccorrnick@hoalaw.corn>, rkhoganl739@sbcglobal.net Mr. Westman, Thank you for taking the time to speak with me this morning at the Planning Department Offices concerning the proposed Poinsettia Place development. As per our conversation, you stated that you would provide us with the data that qualified this proposed development, as presented to the Carlsbad City Planning Commission on November 15, 2006, to be within the 25% development area as requirement by the City Of Carlsbad Local Coastal Plan. We appreciate your time in doing so. This email is just to confirm our conversation and to provide you with a return email address for notification when you have completed gathering your data. I will also give you a call on Wednesday afternoon as per our conversation. Respectfully, Ron Hogan President, Poinsettia Heights Homeowners Association http://us.f829.mail.yahoo.com/ym/ShowLetter?box=Inbox«feMsgId=8297_16959558_311... 12/13/2006 AT&T Yahoo! Mail - rkhoganl739@sbcglobal.net Page 1 of 1 DOL MAIL Print - Close Window Date: Fri, 1 Dec 2006 09:54:29 -0800 (PST) From: "Ron Hogan" <rkhoganl739@sbcglobal.net> Subject: Requested Information For Poinsettia Place Proposed Development To: cwest@ci.carlsbad.ca.us __. "Ron Hogan" <rkhoganl739@sbcglobal.net>, "Jaeschke" <wadea@nnj.com>, "James McCormick" <jmccormick@hoalaw.com> Mr. Westman, In reference to our phone conversation yesterday concerning the requested data qualifying the Poinsettia Place development to be within the 25% maximum development area defined by the City Of Carlsbad Local Coastal Plan, I am resending my email address and phone number. As I mentioned in our phone conversation, I will not continue to call regarding this request, instead, I will await your contact when your research is completed. I appreciate the fact that this is an inherited project that you were not involved with at the inception. Thank you for taking the time to provide this information. I await your notification when the data is available. email: rkhogan1739@sbcglobal.net Phone: 760-804-5828 Respectfully, Ron Hogan President, Poinsettia Heights Homeowners Association http://us.f829.mail.yahoo.com/ym/ShowLetter?box=Inbox&MsgId=9115_17963455_429... 12/13/2006 AT&T Yahoo! Mail - rkhoganl739@sbcglobal.net Page 1 of 1 >CM, MAIL Print - Close Window Date: Mon, 04 Dec 2006 09:29:13 -0800 From: "Christer Westman" <Cwest@ci.carlsbad.ca.us> To: rkhoganl739@sbcglobal.net Subject: Re: Requested Information For Poinsettia Place Proposed Development Mr. Hogan, I did find the file documentation regarding the 25%. I have scanned it and included the pdf as an attachment. If the electronic version is not working for you I will make a hard cpoy and make it available for you at the Planning Counter or drop it in the mail. Sincerely, Christer Westman AICP cwest@ci.carlsbad.ca.us Attachments Files: $ Poinsettia_Place_pt2.pdf (226k) $ Poinsettia_Place_25_df (751k) http://us.f829 .mail.yahoo.com/ym/ShowLetter?box=Inbox&MsgId=6455_17987961_455... 12/13/2006 AT&T Yahoo! Mail - rkhoganl739@sbcglobal.net Page 1 of 1 M A I L Print - Close Window Date: Mon, 11 Dec 2006 11:52:22 -0800 (PST) From: "Ron Hogan" <rkhoganl739@sbcglobal.net> Subject: Request For Poinsettia Place Development Area Calculations To: cwest@ci. carlsbad. ca. us CC: "Ron Hogan" <rkhoganl739@sbcglobal.net> Mr. Westman, In reference to our conversation at the Planning Department Offices on December 6, 2006, at 0830 AM, where you stated that you would contact Hunsaker & Associates, the developer's of the Tentative Map/Site Development Plan for Poinsettia Place, and have them contact me personally to provide the answers to the questions that I have been posing to the Planning Department directly concerning how the Poinsettia Place development meets the Local Coastal Plan 25% develpment criteria. I have not heard from you concerning this issue. The information provided by the Planning Department to date only shows the calculations defining a 5.1 acre development site. This information does not address the 6.5 acre actual plot plan defined development site. This is a 1 .4 acre overbuild and does not meet the 25% Local Coastal Plan 25% requirement. As the Planning Department does not seem to be able to provide the requested calculations or justifications for the overbuild, you stated you would provide me with a contact to answer our questions. Respectfully, Ron Hogan President, Poinsettia Heights Homeowners Association http://us.f829.mail.yahoo.com/ym/ShowLetter?bbx=tnbox&MsgId=236_19118375_5822... 12/12/2006 AT&T Yahoo! Mail - rkhoganl739@sbcglobal.net Page 1 of 1 MAIL Print - Close Window Date: Thu, 14 Dec 2006 09:47:56 -0800 From: "Christen Westman" <Cwest@ci.carlsbad.ca.us> To: rkhoganl739@sbcglobal.net Subject: Re: Request For Poinsettia Place Development Area Calculations Mr. Hogan, I apologize for the delay, I was out of the office on both Monday and Tuesday of this week. I did contact the project representative, with Henthorn and Associates, to review the methodology. It is the same as I discussed with you previously. The 25% is determined by the entire site, in this case 20.4 acres. However the HMP and Local Coastal Program then allows for areas within the site to be excluded. In this case it is disturbances created by the construction of Poinsettia Lane. Disturbance areas from Cassia Road, created with and accounted for with the Poinsettia Heights project have also been subtracted. If the Cassia Road impacts are not excluded then it becomes double mitigation. Regarding the 5.3 acre Lot 1 and 1.2 acre Lot 2, keep in mind that the lot lines and the area within the lots do not define the 25% area allowed to be developed per the HMP/LCP. The lot lines are only created for defining future land ownership. The land area within the two lots includes land that is not part of the 25% and are therefore, in sum, larger than 25% of the gross site area. The Applicant's representative. Jack Henthorn, can be reached at (760) 438-4090 if you might have further questions. Sincerely, Christer Westman AICP cwestgci.carlsbad.ca.us >» Ron Hogan <rkhoganl739@sbcglobal.net> 12/11/06 11:52:22 AM >» Mr. Westman, In reference to our conversation at the Planning Department Offices on December 6, 2006, at 0830 AM, where you stated that you would contact Hunsaker & Associates, the developer's of the Tentative Map/Site Development plan for Poinsettia Place, and have them contact me personally to provide the answers to the questions that I have been posing to the Planning Department directly concerning how the Poinsettia Place development meets the Local Coastal Plan 25% develpment criteria. I have not heard from you concerning this issue. The information provided by the Planning Department to date only shows the calculations defining a 5.1 acre development site. This information does not address the 6.5 acre actual plot plan defined development site. This is a 1.4 acre overbuild and does not meet the 25% Local Coastal Plan 25% requirement. As the Planning Department does not seem to be able to provide the requested calculations or justifications for the overbuild, you stated you would provide me with a contact to answer our questions. Respectfully, Ron Hogan President, Poinsettia Heights Homeowners Association http://us.f829.mail.yahoo.com/ym/ShowLetter?box=Inbox&MsgId=1621_19287659_631... 12/14/2006 IE/ CBS4-HJ 1,CttyCornmenfi The City's Habitat Management Plan andMello tt Segment cf the Local Coastal Program specify;,thjBt development of the subject property Is to be limited to a max^^ Lane construction, and shall be clustered to thernaxlrnurn extent feasible along the disturbed portions of the property adjacent to Cassia Road and future Polnsetifa Lane extension, '' The proposed project proposes to develop more than 25% of the property. Does the applicant Intend to request an amendment to tft«> HMP and LCP? If Viet Is,theca$ef. ptease submit correspondence from Coastal Commission staff and the wildlife agencies Indicating their agreement to this proposal. * - The HMP and LCP also indicate that a wildlife conidofUhkage oriented generally north' south shall be provided on the eastern portion of the property and designed to conned to neighboringproperties <^ existing or potenifaf^ the Zone 21 Standards Area section of the HMP Includes de^lojprmnt standards requiring, an east wast,corr!dor that Is end average of 500' — 1,000' In width. The proposed corridor width does not appear to satisfy this requirement Please consult with the wildlife agencies and submK correspondence indicating their agreement to this proposal Response; The project Is consistent with the Habitat Management Plan and Local Coastal Program.' The development area does not exceed 25%W^%fte, ^excluding Poinsettfa Lane, and is clustered to the maximum extent feasible along toe disturbed portion of the property adjacent to Cassia Road and the future Poirisetiia Lane extension. Therefore, no amendments to the Habitat Management Plan or Local Coastal Program are needed, and consultation with the wildlife agencies is therefore not necessary or warranted. The attached Development Area Exhibit illustrates that the project-specific development area equals 5.1 acres, or 25% of the site. The development area excludes the;proposed grading area for Poinsettia Lane, it also excludes the previously graded area associated with the improvement of the intersection of Poinsettia Lane and Cassia Road that was completed as part of Aviara Phase III. The development area also excludes the previous grading and improvements associated with Cassia Road, as approved and constructed by the Poinsettia Hills project The 5.1-acre project-specific development area represents the area of ngw deyelopmenl proposed by the current project, excluding Poinsettia Lane. Please see the attached Development Area Exhibit. Regarding .the wildlife corridor linkages, the project is consistent with the Habitat MamQ^a^'^an ''^i^|tprov^^'suf^nt Hnfcages to Co?eXr|§s 4,5,7, and 8. This Issue Is; specifSalfy addressed In Section 5.2.1 of the bfofogyVepolrnbrihe project The biology report states that the linkages are maintained by the project design, and that the project does* riot significantly impact the regfonaf preserve dtsiigr!, Thlsfs due to the project t'flfnn Itoite^^hfMMflyjflHfitorikifMfitoc^nrfhprn nnrtinn of ^** sit Hi If NSY OF(/>—im O H 5Srn Hi— >O d•D < m C7) 9 U) .,• ^ 11 'Tfi fu :::, i L : ,_*_ •$<" j ! f V.- .x- \ A> 1 jlV- ^: M F ^2I:;: ! j:rrp |J '"^l ! Poinsettia Lane & Cassia Road 1. Poinsettia Lane is now heavily used as a throughway from Interstate 5 (1-5) to El Carnino Real. As Poinsettia Lane ends at Cassia Road, cars heading east turn sharply to the left to join Cassia Road. High-speed traffic from two lanes converges into one lane on Cassia Road. Though the speed limit for rounding the curve on Poinsettia Lane is 15 MPH, traffic travels at much faster speeds. Additional numbers of vehicles added as a result of the proposed high density change development added to the traffic already coming from the west, including the new Aviara Community Park, which has already added large amounts of traffic in the afternoons, evenings, and on weekends from the baseball and soccer fields, will only add to the danger already apparent. 2. School traffic has already greatly increased in both directions along Poinsettia Lane and Cassia Road, as well as traffic merging down Ambrosia Lane to the elementary and middle schools. Changing the zoning of the proposed development to high density will only exacerbate these problems. 3. The safety issue for children who walk or ride their bikes down Cassia Road each morning and afternoon should be self-evident. With no stop signs along Cassia Road, and no bike lanes, the issue of pedestrian and bike safety becomes paramount. Especially troublesome is the intersection of Poinsettia Lane and Cassia Road where vehicles have already missed the turn and driven up on the sidewalks where children walk or ride their bikes. Skid marks on the pavement and tire marks in the landscape are evident. 4. The completing of Poinsettia Lane will not solve the vehicle issues on Cassia Road. Cassia Road will continue to be a throughway both east and west between Poinsettia Lane and El Camino Real. Attachment (4) Ingress & Egress To Cassia Road 1. Ingress and Egress onto Cassia Road from the currently existing developments is becoming more and more dangerous. A new high-density development would only add to the already existing problems. Though the speed limit on Cassia Road is 35 MPH, vehicles continually transit at speeds of 45-55 MPH. Skid marks on the curbs and sidewalks, a vehicle losing control and going off-road into the proposed development site, a vehicle traveling to fast and almost hitting city workers where Cassia Road intersects with Poinsettia Lane, all attest to major traffic issues on Cassia Road. As a minimum, four-way stop signs would have to be installed at each entrance to a complex to assure entry and exit safety. None of these issues were addressed by the developers "Mitigated Negative Declaration". Attachment (5) Cassia Road Backup At El Camino Real Vehicles continually back up on Cassia Road trying to access El Camino Real. Vehicle back up is now at the east entrance/exit gate for Poinsettia Heights, a quarter of a mile from El Camino Real. An additional high-density development would add more than 160 Auto Daily Trips (ADT) on Cassia Road over and above current zoning guidelines. Completing Poinsettia Lane will not alleviate this problem and Cassia Road will continue to be a throughway for vehicles transiting between Poinsettia Lane and Cassia Road. Attachment (6) Cassia Road Ingress/Egress At Villa Loma Complex 1. There is a serious Ingress/Egress problem at the Villa Loma Complex and the high-density apartment complex juncture on Cassia Road at the El Camino Real access traffic control light. Vehicles trying to enter or exit into either of these complexes have a difficult time. Traffic is backed up even more while vehicles try to cross Cassia Road. Vehicles trying to enter the apartment complex on the south side of Cassia Road hold up traffic all the way back to El Camino Real waiting for a break in traffic on Cassia Road which is backed up trying to access El Camino Real. Completing Poinsettia Lane will not alleviate the problems as Cassia will continue to be a throughway between Poinsettia Lane and El Camino Real. Attachment (7) Cassia Road Parking & Safety Issues 1. Cassia Road is only two lanes with parking allowed on the south side hi front of the planned high-density development. This parking is the overflow from the two high-density developments at the corner of Cassia Road and El Camino Real where there is insufficient parking for the residents. This parking narrows Cassia Road and creates a safety problem. Vandalism is high along the street with car windows being broken out on a weekly basis. On any given day broken glass and trash is strewn along this section of Cassia Road, including abandoned crates, refrigerators, etc. 2. There are no bicycle lanes on either side of Cassia Road, and with the narrowing of the road due to parking, transit thru this area is becoming more and more serious of a problem. 3. There is no doubt that there will be insufficient parking within the proposed high- density development, especially in the proposed very-high-density apartment/condo podium complex. This will create even more vehicles trying to park on Cassia Road creating obstructed views for ingress and egress. 4. Vehicles continue to transit Cassia Road at high speed, especially at the blind curve at the east end, and out of control vehicles have been involved in collisions with parked cars. Attachment (8) Cassia Road Extension East Development 1. Development projects on the eastern extension of Cassia Road will also impact current traffic problems. A high-density apartment complex project is currently under construction on the eastern extension of Cassia Road. A medical building and animal hospital are in the planning stages. All will add additional vehicular traffic to Cassia Road. 2. Again, the completion of Poinsettia Lane will not alleviate the traffic impact on Cassia Road. It will still be throughway for traffic between El Camino Real and Poinsettia Lane. Attachment (9) AGENDA ITEM #. « Mayor II City Council City Manager City Attorney CityCtark CITY OF CARLSBAD CITY CLERK'S OFFICE Fred C. Sandquist 6408 Crossbill Court Carlsbad, CA 92011-2783 (760) 918-2408 Sandquist2@earthlink.net December 14, 2006 Carlsbad City Council Attn: City Clerk's Office City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 (LogC€» TO- &*s?\ - c. <y^> 4$~ ^^sfe /^ > Subject: Comments for City Council Hearing Concerning Poinsettia Place, GPA 04-12/ZC 04-08/LCPA 04-08/CT 04-10/CP 05-05/HDP 04-05/SDP 04- 07/CDP 04-23/HMPP 06-08 Dear Carlsbad City Council: While I wish we could preserve the property associated with Poinsettia Place (See attached Map 1) as open space without development, I recognize the development rights granted by the City zoning ordinance and Master Plan to private property owners. As a homeowner in the Poinsettia Heights Community across Cassia Road from the project site, I am deeply concerned with the proposed project, planning assumptions, and especially with the included Environmental Impact Assessment Report. I am also very disappointed that the developer has made very limited attempts to discuss their proposed plans with the Poinsettia Heights community. My feeling is that perhaps many of the concerns that I am raising in this letter could have been resolved through a more open dialogue and discussion prior to formal submission of their plans and any hearings. This lack of communications on the developer's part only fosters suspicion of intent. My prime concern centers around the validity of the "Mitigated Negative Declaration" provided by the developer, Sierra Linda Development Company, 219 Meadow Vista Way, Encinitas, CA 92024 for the proposed Poinsettia Place development located on Cassia Road, Carlsbad, California. I feel that the following reasons associated with the "Mitigated Negative Declaration" should be grounds to set aside the application and require that the developer be directed to prepare a more complete Environmental Impact Report (EIR) be to properly address these concerns. Compliance with the spirit, intent and purpose of California's Environmental Quality Act (CEQA) for this project is being seriously compromised and circumvented for the convenience of the developer. I was also concerned that comments received by the City and discussed at the Planning Commission Hearing on November 15, 2006 appeared to be given "on the fly" answers by the City Planning Staff, with no follow-up research and written responses being provided to those who wrote letters in opposition. Finally, I feel that the whole issue of "Cumulative Impacts" as mandated by CEQA and the relationship of this project to other projects in the area, especially related traffic modeling and impacts, are being narrowly viewed for convenience. As we are all aware, things happens one step at a time, with each small step contributing a little more to greater issues. Traffic modeling that is used to analyze project traffic impacts is only as useful for decision-making if the assumptions and the data used are correct. Using the wrong assumptions (e.g., Cassia Road is just a minor roadway) leads to incorrect analyses. This is especially relevant to development where changes are being proposed to such things as zoning, the Local Coastal Program, and the Habitat Management Plan. Mitigated Negative Declarations must be very carefully reviewed, analyzed and discussed to avoid their being used simply to advance a project at the expense of more thorough analyses, and as a convenience tool for a developer. While I was heartened to hear one Planning Commissioner recognize the issue of CEQA's "cumulative impacts" provision, I was disappointed that the majority of Commissioner's and the Planning Department Staff sided with the developer. The developer, Planning Staff and the Planning Commission felt that this project was relatively small and that it should not be burdened with having to conduct a more detailed environmental impact study - again begging the issue of CEQA's "Cumulative Impacts". With all of the development being undertaken in the area, I fail to see how this represents sound planning and decision-making process. My detailed concerns are discussed below. 1. The land for the development has restrictions imposed on it by the Habitat Management Plan (HMP) and the fact that it is also in the Coastal Overlay Zone. The restriction is that only 25% of the land can be developed. The current zoning density for the property is Medium Low Density Residential (RLM), 0 to 4 dwelling units per acre, and Medium Density Residential (RM), 4 to 8 dwelling units per acre. This zoning would have allowed for 83 units to be constructed if the entire 20.3 acres were available for development. To allow this many units to be constructed would have required a large amount of time and funding to produce an EIR as 75% of this property is undisturbed Pacific Coastal Chaparral. To avoid this time and expense, the developer is proposing to develop only the currently disturbed 25% (5.075 acres), but with the caveat that he be allowed to construct all the units currently allowed for a full 20.3 acres, plus an additional allowance of 7 units for low income housing, bringing the total units to 90. To be able to fit the low income units into the smaller footprint, the developer is proposing to construct what amounts to a high density apartment complex renamed as "condominiums". To construct the 90 units, the developer needs to have the zoning changed to medium-high density and to also mitigate the additional grading required to fit the apartment/condo complex into a smaller space. The actual construction foot print being proposed is to be 6.5 acres. 6.5 acres with 90 units equates to 13.85 units per acre. This significantly exceeds what should be allowed on this small of a piece of property. The apartment/condo complex would also be aesthetically out of character with the adjoining property at Poinsettia Heights and is one of my primary objections to this development. I am not objecting to the development; only to its density, the fact that it requires changes to the zoning, and the less than creative way to handle the low income requirements for the development. If the apartment/condo complex was eliminated, my aesthetic concerns would be significantly reduced. In checking with California Coastal Commission staff, they expressed dismay at how the Planning Staff and the developer were interpreting the rules and guidelines for the project. 2. The second item of concern on the list is the Transportation/Circulation section of the Environmental Impact Assessment Report. The attached annotated maps 2 through 4 help illustrate my concerns. In simple terms, traffic impact on Cassia Road was not addressed. The only traffic analysis addressed in the report was under "Transportation/Traffic", items XV (a) and XV (b), of the "Mitigated Negative Declaration". These two items addressed only El Camino Real and Poinsettia Lane, not Cassia Road. Ingress/egress points for the proposed Poinsettia Place development, as well as existing developments between Poinsettia Lane and El Camino Real, all enter and exit onto Cassia Road. Cassia Road is a curvy two lane road with no turn lanes. Street parking is currently permitted along the south side of the road. There are currently, on average, over 40 vehicles parked on Cassia Road each day due to inadequate parking at the high density apartment developments (e.g., Villa Loma and Traditions) east of the proposed Poinsettia Place development site (See Picture 1). Transient camps south and north of the project also use this area to park their vehicles (See Picturel). Cassia Road is a main artery connecting I- 5/Poinsettia Lane and El Camino Real with a large volume of traffic going in both east and west directions (see map 1). Final development of Poinsettia Lane will not alleviate current traffic on Cassia Road. Cassia Road will continue to be a main "cut-thru" artery between El Camino Real and Poinsettia Lane, and I-5. Cassia Road will also be impacted by development to the east of El Camino Real. For example, the high density, low-income housing and medical facilities being developed with direct access to Cassia Road across El Camino Real (See map 4). The Planning Staff response at the hearing was that the intersection (El Camino Real and Cassia Road) and the project housing and medical complex to the east was not required to be studied because of the small size of the Poinsettia Place Project. Cassia Road also has a blind corner on the east end at the intersection with El Camino Real, with a down hill east to west gradient. Cassia Road is already dangerous due to current traffic. A number of fatal accidents have already occurred that this intersection. Cassia Road is poorly designed to be a main artery between Poinsettia Lane and El Camino Real. Vehicles attempting to turn left onto El Camino Real from Cassia Road to head north often have to wait 3 or more traffic light cycles (See Pictures 3 through 5). Vehicles trying to turn right to head south have significant sight distance problems, leading to many near misses. Because of the poor alignment of roads into the Villa Loma and Traditions communities, and their proximity to the main intersection of Cassia Road and El Camino Real, vehicles have long waits before being able to enter the roadway. Limiting the development of Poinsettia Place to a more reasonable density would go a long way in helping the Cassia Road situation. I appreciated the fact that many Planning Commissioners actually drove through and/or visited the project area before the meeting and recognized that Cassia Road was indeed problematic. The planning staff and developer indicated that the parking problem along the south side of Cassia Road was the result of temporary construction parking. I mentioned to the Commissioners that that was not the case, based on discussions with Villa Loma management when I was serving as Vice President of the Poinsettia Heights Homeowners Association. I was told by Villa Loma management that many of their residents cannot get parking permits to park within their community because they are not "official residents". Further, transients who live in an encampment near the Aviara Oaks School complex also park along Cassia Road (See Picture 1). They park their cars on the roadway and hike across the northern end of the Poinsettia Place property and through the proposed open space area to their camp. This parking is certainly not the result of temporary construction parking as reported during the hearing. The Planning Commissioners expressed concern at this, but lacked the authority to take any action, other than request that the City Council direct the City Engineer to investigate this further. All of this should have been studied as part of the project so an informed decision can be made. The Planning Commission asked the City Engineering Department representative about the intersection of Cassia Road and El Camino. The response was that Cassia Road is considered a minor roadway and did not require a more detailed study. The traffic model used for the analysis does not properly reflect the fact that Cassia Road, in reality, is serving as a link between I-5 and El Camino Real (e.g., Cassia Road is considered a minor roadway in the model). Any report, relying on the model, must be viewed improperly representing reality, and is ill-suited for the daily traffic today, let alone that which will result after the project is completed. I should be noted that this same erroneous assumption was also made when the apartment/condo and medical building project was approved - again circumventing CEQA's "cumulative effects" provision. Until Poinsettia Lane is finally completed through the area (many years in the future), this roadway is going to continue to be very heavily traveled. I was really disappointed to hear that due to it technically being classified as a minor roadway, it did not have to be studied nor the intersection require study and perhaps a redesign. The safety of those who use this thoroughfare are being placed at risk as an expedient for approving this project without the proper study it warrants. The City Engineering Representative said that they would monitor the intersection and check to see that signal timing was correct. Again, this should have been studied as part of the project application package now being reviewed. In summary, Cassia Road now serves as a prime arterial between l-5/Poinsettia Lane to the west and El Camino Real to the east. Vehicles using this route experience many road width changes from two lanes to four lanes and back again. Vehicles must make a sharp 90 degree turn at Cassia Road and Poinsettia Lane (See Picture 2). Just prior to making this turn, the road goes from two lanes to one lane. Vehicles often race to pass and then cut in front of turning vehicles. In doing so, they often cross the road's centerline. This has become a very dangerous intersection. The intersection at El Camino Real and Cassia Road is equally dangerous. The curvy nature of the road and on-street parking further compounds public safety (See Maps 1 through 3). The Planning Staff, a representative from the City's Engineering Department, and the developer admitted during the Planning Commission that because Cassia Road is classified as a minor roadway, the traffic model used for their analysis does not consider the reality that this small road serves as a major connector between Poinsettia Lane and El Camino Real. Since the extension of Poinsettia Lane is years off (the Planning Staff indicated it may be done in three year - in reality it will be many years in the future), Cassia Road will continue to be used as a major link between the I-5 corridor, El Camino Real, and East County. 3. The third item of concern is the Air Quality section of the Environmental Impact Assessment Report. Air Quality, Section III, item (d), states "No Impact" of "exposed sensitive receptors to substantial pollutant concentrations". This section goes on to state: "there are no sensitive receptors (e.g., schools or hospitals) located in the vicinity of the project". Aviara Oaks elementary and Middle Schools are located just to the south of the proposed project. The report also states that the only air quality data available was from a monitoring site on Camp Pendleton, many miles away from the site to the north. More localized sampling should be required. 4. The fourth item of concern on the list is in the Public Services section of the Environmental Impact Assessment Report. With the very restricted and congested intersection at El Camino Real and Cassia Road, and the fact that the nearest fire station is just north of the La Costa Resort and Spa at Arenal Road, emergency vehicles trying to turn left onto Cassia Road, especially during rush hours, will have trouble responding to emergencies. Police response will also be affected. At the Planning Commission hearing, the Planning Staff simply stated that they contacted the Police and Fire departments and that they indicated everything was fine. Again, no basis on any study or fact, just subjective thought. 5. The fifth item of concern on the list is in the Hydrology/Water Resources section of the Environmental Impact Assessment Report. The existing desiltation basin is missing in the plot plan for the development with no evidence of how the developer is going to address the run-off problems associated with this development site. During heavy rains two years ago, the roadway at the end of Poinsettia Lane eroded and part of the road surface fell away. There seems to be no awareness of this problem and how it would be mitigated. 6. A major concern is treating this development as simply a project in and of itself without analyzing the "cumulative effects" of other development either underway or planned in the area. Cumulative effects are a key component of California's Environmental Quality Act (CEQA), and in this case, appear to trigger production of a full EIR. The impact of development of the site across El Camino Real where Cassia Road currently ends was not considered. The intersection already is problematic and will only get worse with the Poinsettia Place project. There is construction occurring to the north along El Camino Real, and at the northeastern corner of Poinsettia Lane and Aviara Parkway. A new housing development is now selling units along Poinsettia Lane between Black Rail Road and Ambrosia Lane. Another development is in the works along El Camino Real just north of Dove Library. A development is almost sold out at the southwestern corner of Poinsettia Lane and Black Rail Road. The impact of all this development has been overlooked. A full EIR would require the developer to analyze the cumulative effects that Poinsettia Place would add to the area. 7. In reviewing the developer's plans, it appears that he is violating the 35 foot height restriction in a number of instances (e.g., drawing on page 8A, 8B, 21A, and 21B). 8. Should the project proceed, construction impacts along Cassia Road will be incredible. With a two lane road, I fail to see how all of the construction-related vehicles can be accommodated with causing traffic gridlock on an already congested road. In summary, simply trying to address the above issues with a "Mitigated Negative Declaration" and zoning changes is not going to solve the problems associated with the proposed development. This should have been studied and made part of the project package so that an informed decision based on fact can be made. I strongly recommend that Sierra Linda Development Company be directed to complete a full Environmental Impact Report (EIR) so that an informed and fact-based review and decision can be made. Maps 1 through 5 attached are intended illustrate my concerns and support my position. I very strongly request that the Poinsettia Place Development Project be required to conduct a full EIR before any decisions are made. 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D) :::0 0D)0- 00 m- 0D) 3-.::J0 ::u(DD)--::J....(D-II(II(Dn....-.0::J -. I 0 Q) UJ UJ-. Q) AI 0 Q)0. RO m- 0 Q) 3-. ::J 0 AI C'D Q)- .." .- ::J.... C'D...UJ C'Dn....-. 0 ::J iii ~ -a-.n,..,.c:.,CD ,f::I.. I-I~~"'\"",',,"".'---",.':<J\~'."",'~,..f~~t - "'U -. C'),.... c:... CD (J'I ~ ... 0 D) U) U)-. D) :xl 0 D) c. go m- 0 D) 3-. ~ 0 :xl CD D)-- ~.....CD...U)CDn.....-. 0~ Hu=iL5ieuwiK DEC 19 2006 CITY OF CARLSBAD CITY CLERK'S OFFICE ni z) AGENDA ITEM #/ ' December 14,2006 To: Mayor of Carlsbad and Members of the Carlsbad City Council City Council City Manager City Attorney City Clerk Case File: GPA 04-12/ZC 04-08/LCPA 04-08/CT 04-10/CP 05-05/HDP 04-05/SDP 04-07/HMPP 06-08 Case Name: Poinsettia Place Re: Concerns for change in zoning on Cassia Road to accommodate proposed 90 unit project Poinsettia Place 1. Density Concerns; There is already quite a high density of dwellings on and near Cassia Road adjacent to this proposed project: On Cassia Road directly across the street from project: • Poinsettia Heights 160 townhomes On Cassia Road directly to the east of project: • Tradition Apartment Homes On Cassia Road, northeast of proposed project: • Villa Loma Apartments 157 units 344 units At the intersection of Cassia Road and El Camino Real • Cassia Heights Apartments (under construction) 56 units On Ambrosia at Poinsettia intersection (west of proposed project) • BrindisiatAviara 90 townhomes On Ambrosia backed up to Poinsettia • Mirabella Apartments TOTAL DWELLINGS 290 units 1097 This total does NOT include the 90 townhomes/condos proposed for Poinsettia Place. 2. Parking concerns: Poinsettia Heights Brindisi Poinsettia Place (proposed project) - 160 units, all with 2 car garages and over 1/3 have driveways long enough to park on. - 125 designated street parking spaces. - 90 townhomes all with 2 car garages. - 20 designated "visitor only" parking spaces. - 15-20 vehicles park outside the gate on both sides of Ambrosia (see attached photo). - will there be sufficient parking for both owners and visitors inside the complex? Or will they, like residents of Villa Loma, park on Cassia Road? In the real world, many people use their 2 car garage to park 1 car and store household goods on the other half. Their 2nd car is parked in the driveway or on the street. 3. Safety Concerns We are concerned about safety due to the heavy amount of traffic currently using Cassia Road and feel that an increase to high density zoning will put too great a burden on this road. Our safety concerns are as follows: • All traffic from Hwy 5 to El Camino Real using Poinsettia Lane must use Cassia Road because Poinsettia Lane is not complete. We have been informed by the city planning department Poinsettia Lane will not open in the near future. • Poinsettia Lane is 4 lanes with bike lanes on each side. Going east, Poinsettia Lane ends at this proposed Poinsettia Place project and the street makes a 90 degree turn to the left onto Cassia Road, which is only 2 lanes and does not have any bike lanes. • Cassia Road currently has between 20-30 cars parked on it on a regular basis (overflow from Villa Loma apartments). • In the morning, between 7:30 and 8:00 a.m., there are at least 10-12 adult bicyclists who ride their bikes east on Cassia Road. When the cyclists are riding past the parked cars, other cars drive over the double line to pass them. This happens often at the blind turn near Villa Loma apartments. See attached photos. • Children walk to and from Aviara Oaks elementary and middle schools using the sidewalk on the north side of Cassia Road. They also ride their bikes on the sidewalk because there is no bike lane and the road is not safe. See attached photo. For the above reasons, this project should not be approved until Poinsettia Lane is open all the way to El Camino Real. We also believe no parking should be allowed at all on Cassia Road. Doug and Lisa White 6434 Lilium Lane Carlsbad, CA 92011 760-431-7565 Poinsettia Heights residents - ,~: '~ i' ~ .,:I,~,'~SI I." ~..~ ",[f.f ~.~~, ~ ~ Jy t1 ~-- ~ )j C) ~ tJ "" ---1 II 1 I rJ J7 1%\ D\.......... ~ )j \:) ~ b "~oj1\:1-~t7-(A'- ::D 'f ~I ~ '~~ ~I I I IJ A.B. & Joan Silver 1712 Carissa Way Carlsbad, CA 92011 (760) 804-1568 December 14, 2006 Carlsbad City Council Attn: City Clerk's Office City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 AGENDA ITEM #. c: Mayor II City Council City Manager City Attorney City Clerk CITY OF CARLSBAD CITY CLERK'S OFFICE - <- V Subject: Comments for City Council Hearing Concerning Poinsettia Place, GPA 04-12/ZC 04-08/LCPA 04-08/CT 04-10/CP 05-05/HDP 04-05/SDP 04- 07/CDP 04-23/HMPP 06-08 Dear Carlsbad City Council: We are writing to add our concerns to those of others who live in our complex directly opposite the proposed Poinsettia Place development located on Cassia Road, Carlsbad, California. My prime concern centers around the validity of the "Mitigated Negative Declaration" provided by the developer, Sierra Linda Development Company, 219 Meadow Vista Way, Encinitas, CA 92024 in regard to the impact the development will have on the traffic and safety of those citizens in our neighborhood and nearby other developments. It is our belief that little if any attention was paid to the negative impact such a development will absolutely have. 1). Traffic along Cassia Road, the street onto which ingress and egress will occur, is already at an unbearable situation. Poinsettia Lane, which stretches east from the ocean, past I-5 and comes to a dead-end (a proposed extension is, we are told, at least five years off). Since the eastern portion of Poinsettia Lane was completed from Melrose to El Camino, traffic uses our narrow two-lane Cassia Road as a through-way to the west and to I-5, carrying traffic which the street can not safely handle. 2). Two weeks ago, a cyclist was hit and taken to the hospital as he came east down Poinsettia Lane and turned onto Cassia. Two years ago, a woman was killed at the intersection of Cassia and El Camino before a new development was started at the intersection of El Camino and Cassia. 3). School children take Cassia Road on foot and by bicycle every morning and afternoon on their way to Aviara Oaks Elementary School and Middle School. On recurring instances, children are forced to ride their bikes on the sidewalk along Cassia because there is no bike lane on either side of the street. The bicycle lane on Poinsettia Lane dead ends where the street does, and children on bikes cross Cassia Road where there is no pedestrian crossing. Cars going around that intersection from Poinsettia Lane onto Cassia Road often miss the turn and enter the opposite lane. Several times (three that we have observed), cars missed the turn and crashed onto the sidewalk, once missing a group of women on their morning walk. One car we saw missed the turn and crashed onto the property where the proposed development will go, barely missing three county workers who were repairing the dead-end barricade and sign. Though the law requires traffic not to exceed 25-35 MPH, traffic regularly travels in excess of 50 MPH down Poinsettia Lane and both east and west on Cassia Road. Trailer-trucks and other construction trucks often use Cassia Road as a shortcut from 1-5 east or west from El Camino. We have notified the police about this in the past and we were given the name of Sgt. Chapman in Traffic to call about the problem. This is an intermittent problem but one that does not end and will surely get worse. 4) Aviara Community Park opened last February, and though school traffic generally does not appear on the weekends, the park's soccer field and baseball field and tot-lot fill all the parking slots. The only access to that park is up Ambrosia directly off Poinsettia Lane just west of the intersection with Cassia and Poinsettia Lane. That park is used all day and evenings and much of the traffic comes up Cassia Road. Additional traffic on Cassia will burden that street even more and its impact on the road, the neighborhood, and the park will greatly reduce the quality of life, add time in traffic, and endanger pedestrians and children as well drivers and passengers in cars. 5). It is now a hazard to cars and passengers as well as pedestrians and cyclists who have to enter onto Cassia Road from Villa Loma, Poinsettia Heights, and the Tradition Apartments. The additional complex and medical buildings now under construction at the east end of Cassia Road will also add to the danger. Each morning people put themselves in imminent danger trying to get onto Cassia Road. The new development will have two additional entrance/exits, one of which will be directly opposite an exit from Poinsettia Heights neighborhood and the other just a few feet up from the other exit. Exiting Poinsettia Heights is already a safety problem. The traffic problem along Cassia Road will not get better.Add the traffic from the proposed high density development,and traffic will slow down considerably and,especially,safety will be greatly compromised.We do not understand why traffic considerations have been neglected or given short- shrift.Once,three years ago,when construction was planned on another complex,traffic personnel set up a counter along Cassia,but it was during spring break and during a time when the normal traffic flow was not as significantly a problem.We assumed no one was much interested in finding out the true traffic patterns then in existence.Since then,an apartment complex and Aviara Community Park have been built.Traffic from both has increased exponentially.Nothing will be helped if the horrendous impact of additional traffic is not considered as part of an environmental survey. Please do what a City Council is expected to do and require that the developer of this proposed complex be required to complete and submit an inclusive Environmental Impact Report that addresses the above issues and others as may be needed for an honest appraisal to satisfy California's Environmental Quality Act. Thank you, And sincerely, A.B.and Joan Silver , -d---_u-_u- Douglas A. & Christine L. Evans 7125 Mooring Heights Court, Southeast Grand Rapids, Michigan 49546-6821 616-954-0913 DEC 1 9 2006 CITY OF CARLSBAD CITY CLERK'S OFFICE AGENDA ITEM*. cj Mayor 11 City Council City Manager City Attorney City Clerk T December 13, 2006 City Clerk's Office 1200 Carlsbad Village Drive Carlsbad, CA 92008 Dear Sir / Madam: We own the property at 6438 Lilium Lane, Carlsbad, CA in Poinsettia Heights Community. Purpose of this letter is to express our opposition to the "Poinsettia Place Development on Cassia Road" (case name: Poinsettia Place; file # GPA 04-12/ZC 04-08/LCPA 04-08/CT 04-10/CP 05-05/HDP 04-05/SDP 04- 07/HMPP 06-08). We recommend that the City Council reject this development for the following reasons. Potential Violation of the 25% maximum Local Costal Plan (LCP) allowable area of development: The total acreages of the proposed development site is 20.4 areas. Of that total, 75% must be set aside for habitat protections. The amount of acreage being proposed for development is 6.5 acres. This calculates to a 31.8% development footprint, which is a 6.8% overbuild. This issue needs to be researched further. Mitigated Negative Declaration: The lack of answers at the recent Planning Commission meeting when the proposed development was reviewed should have resulted in an invalidation of the requested "Mitigated Negative Declaration" that is required to move forward with such a proposed development. It should be sent back to the planning department for a full Environmental Impact Report as mandatory. Cassia Road Traffic: To the best of my knowledge, there was no traffic study done on the impacts to Cassia Road and the intersections of Poinsettia Lane or El Camino Real due to the Poinsettia Place Development. Cassia Road is a major link for cars and trucks from Poinsettia to El Camino and Poinsettia. The traffic flow, amount of traffic and parking along Cassia is already excessive and potentially unsafe for the existing residences and pedestrians. More traffic will exacerbate the situation. A traffic increase on Cassia Road will further increase the potential for accidents when vehicles from the existing residences enter and exit their developments. A complete and unbiased traffic study needs to be done prior to any further development. Based on the above, it is strongly recommended that the City Council reject the proposed Poinsettia Heights Community development at the Tuesday, December 19, 2006 City Council Meting. Thank youjor yOur attention to this matter. Best juglaVA. Evans Christine L. Evans AGENDA ITEM # c: City of Carlsbad Atten: City Clerk's Office 1200 Carlsbad Village Dr. Carlsbad CA 92008 Mayor City Council City Manager City Attorney City Clerk CITY OF CARLSBAD CITY CLERK'S OFFICE December 13, 2006 Case Name: POINSETTIA PLACE Dear City Council Members We are very concerned with the Poinsettia Place development across from our property in Poinsettia Heights. We are especially troubled with traffic and parking problems on Cassia Road now, it will be unbearable once the Poinsettia Place traffic is added. I also understand Cassia Road is called "A minor Road and therefore it is not a major factor in the traffic study". Obviously I and many others do not agree with that assessment considering Cassia Road is the only road connecting Poinsettia and El Camino Real. This seems to me to make it a major link for cars and commercial traffic and unsafe for local residences. I would suggest the following: 1. Reduce the housing density of Poinsettia Place with more open space. 2. No parking on Cassia Road. 3. Add stop lights for residence of Poinsettia Heights so they may safely exit on to Cassia Rd. Thank you for your time, I hope you give these concerns and suggestions careful consideration. Don Dexter 1773 Nerine Way Carlsbad CA 92011 Mary & Marshall Goddard 1777 Nerine Way Carlsbad, California 92011-2792 City Council, City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 CITY OF CARLSBAD CITY CLERK'S OFFICE AGENDA ITEM #. « Mayor .CO City ConncQ City Manager City Attorney City Clerk December 17, 2006 Planning Commission of the City of Carlsbad, I have reviewed your Notice of Public Hearing for Poinsettia Place and find that the Residential Low Medium Density (RLM) and Residential Medium Density (RMH) should remain as presented in the original plans for this development for the following reasons: 1. Traffic flow has become a major factor on Cassia road as this development will add more traffic to an already busy street. The morning traffic is a problem at the present time for morning commuters to make a left turn on to El Camino Real. With addition of the new development to the East of Cassia Road on El Camino Real, this problem will become more acute. With the addition of more units on Cassia, this problem will become overwhelming. Morning traffic going on Cassia Road is becoming heavier every day and time is near to consider opening up Poinsettia Road all the way and take the burden of this traffic off Cassia Road. Cassia Road is not designed for this amount of traffic. You should also note that parking along Cassia Rd has been a continual public safety problem.* See attached pictures of traffic problems. It is also a Law Enforcement problem; with all the vehicle break ins over the past vearsfaeg attached picture of white PU that has front window broken and tires that have been cut, this is a continual problem). We continue to hear car alarms going off every night and it has caused life to be very unpleasant for families living in units along Cassia Rd. It has become more and more difficult to exit our development due to the morning traffic flow in both directions. It will become an even greater problem when Poinsettia Place develops their new entrance/exit directly across from Poinsettia Heights entrance/exit. This will become a major safety problem. 2. Density We already have the same problem that Escondido and Vista are experiencing. We have more people living in units at Villa Loma and Traditions then these units where designed to accommodate. This high density of people has caused the parking problem along Cassia .We have more cars than parking places in these high density developments. They are high density, as the amount of people per unit, are not monitored. This will continue with Poinsettia Place, with its request for a higher density development. These same people that are parking their cars on Cassia Road are also causing health problems with the amount of trash that is left each and every night. This cannot continue as Cassia was/is not designed for this amount of traffic/parking/vehicle flow. I foresee this problem to get worse, if the density is increased as requested by the Developer. 3. Trash We continue to get large amounts of trash from the people that park their cars across from our Townhouse complex. Everything from tree stumps, beer cans, coke cups, rapper from fast food restaurants, broken bottles, etc. These items have been and continue to be picked up by members of the Poinsettia Heights Development as we have pride in our community. 4, Illumination With the development of Traditions Units on Cassia Rd. The night lights for this development as cause numerous units in Poinsettia Heights to get darker shades for the windows. The amount of light transmitted from this Development was not expected by our residents. It is or concern that the development of the high density units on the East side of this development will cause more light/night illumination into our units. We also see these same units, due to their higher elevation, looking down into our units and back yards. Thanking you in advance for you consideration in this request. '" 4 I i -l ~ -"0,,----~-------- .,.~--= iI' ,~.- III. . ...-'"'-- III III ~III . '" ~= III " v ..&: MEMORANDUM IJ8C It 2006 CITY OF CARLSBADCITY CLERK'S OFFICE December 19, 2006 TO: MAYOR AND CITY COUNCIL FROM: CITY ATTORNEY RE- ITEM NO. 11 POINSETTIAL PLACE rsrrr^^^^^ project your action would be to: Introduce Ordinance No. NS-828, and «, .he approve documents at this reduced density. Coastal Commission. returned to and approved by the City Council. Should you have any questions regarding the above, please do not hesitate to contact me. RONALD R. BALL City Attorney m c:City Clerk^ City Manager Assistant City Manager Community Development Director Acting Planning Director Senior Planner, Christer Westman Planning Technician, Chris Sexton NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, December 19, 2006 , to consider a request for adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and approval of a General Plan Amendment to change the property's General Plan Land Use Designation from Residential Low Medium Density (RLM) and Residential Medium Density (RM) to Residential High Density (RH), Residential Medium-High Density (RMH), and Open Space (OS); a Zone Change to change the property's Zoning from Limited Control (L-C) to Residential Density-Multiple (RD-M) and Open Space (OS); a Local Coastal Program Amendment to change the Local Coastal Program Land Use and Zoning designations to be consistent with the City's General Plan and Zoning designations; a Tentative Tract Map, Condominium Permit, Hillside Development Permit, Site Development Permit, and Habitat Management Plan Permit for the subdivision of 20.4 acres into 2 residential lots for 90 condominiums and 3 Open Space lots on property generally located southeast of the intersection of Cassia Road and Poinsettia Lane in the Mello II segment of the Local Coastal Program and Local Facilities Management Zone 21, and more particularly described as: The north half of the southwest quarter of the southwest quarter of Section 23, Township 12 south, Range 4 west, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the official plat thereof. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the agenda bill will be available on and after December 15, 2006. If you have any questions, please call Christer Westman in the Planning Department at (760) 602- 4614. The time within which you may judicially challenge this Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, General Plan Amendment, Zone Change, Local Coastal Program Amendment, Carlsbad Tract Map, Condominium Permit, Hillside Development Permit, Site Development Plan, and/or Habitat Management Plan Permit, if approved, is established by state law and/or city ordinance, and is very short. If you challenge the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, General Plan Amendment, Zone Change, Local Coastal Program Amendment, Carlsbad Tract Map, Condominium Permit, Hillside Development Permit, Site Development Plan, and/or Habitat Management Plan 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. Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: GPA 04-12/ZC 04-08/LCPA 04-08/CT 04-10/CP 05-05/HDP 04-05/SDP 04- 07/HMPP 06-08 CASE NAME: POINSETTIA PLACE PUBLISH: December 9, 2006 CITY OF CARLSBAD CITY COUNCIL SITEMAP NOT TO SCALE POINSETTIA PLACE GPA 04-12/ZC 04-08 /LCPA 04-08/CT 04-10/ CP 05-05/HDP 04-05/SDP 04-07/HMPP 06-08 Jam and Smudge Free Printing Use Avery® TEMPLATE 5160° CARLSBAD UNIF SCHOOL DIST 6225 EL CAMINO REAL CARLSBAD CA 92011 www.avery.com 1-800-GO-AVERY CITY OF ENCINITAS 505 S VULCAN AVE ENCINITAS CA 92024 AVERY® 5160* CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 CITY OF VISTA 600 EUCALYPTUS AVE VISTA CA 92084 SD COUNTY PLANNING STEB 5201 RUFFIN RD SAN DIEGO CA 92123 CALIF DEPT OF FISH & GAME 4949VIEWRIDGEAVE SAN DIEGO CA 92123 LAFCO 1600 PACIFIC HWY SAN DIEGO CA 92101 REGIONAL WATER QUALITY STE100 9174 SKY PARK CT SAN DIEGO CA 92123-4340 AIR POLLUTION CNTRL DIST 9150 CHESAPEAKE DR SAN DIEGO CA 92123 SANDAG STE800 401 B STREET SAN DIEGO CA 92101 I.P.U.A. SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 U.S. FISH & WILDLIFE 6010 HIDDEN VALLEY RD CARLSBAD CA 92011 CA COASTAL COMMISSION STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108-4402 ATTN TEDANASIS SAN DIEGO COUNTY AIRPORT AUTHORITY PO BOX 82776 SAN DIEGO CA 92138-2776 SCOTT MALLOY - BIASD STE 110 9201 SPECTRUM CENTER BLVD SAN DIEGO CA 92123-1407 CARLSBAD CHAMBER OF COMMERCE 5934 PRIESTLEY DR CARLSBAD CA 92008 CITY OF CARLSBAD RECREATION CITY OF CARLSBAD PUBLIC WORKS/ENGINEERING OEPT- PROJECT ENGINEER DAVID HAUSER CITY OF CARLSBAD PROJECT PLANNER CHRISTER WESTMAN SIERRA LINDA DEVELOPMENT COMPANY 219 MEADOW VISTA WAY ENCINITAS CA 92024 JACK HENTHORN & ASSOCIATES STE A 5365 AVENIDA ENCINAS CARLSBAD CA 92008 11/29/2006 AH3AV-OD-008-1 ®09 IS *ueqe6 a| zesj^n apidei a6eiD9s e la aBejjnocmue uoissaiduii Jam and Smudge Free Printing Use Avery® TEMPLATE 5160° BUREAU OF INDIAN AFFAIRS 2800 COTTAGE WAY SACRAMENTOCA 95825 www.avery.com 1-800-GO-AVERY 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AND EVELYN 1760 VESPER LN CARLSBAD CA 92011-2798 WALSH JAMES TRUST 1740 BLUEBIRD LN CARLSBAD CA 92011-2780 ANNAVEDDER EDWIN & MARY E 1764 VESPER LN CARLSBAD CA 92011-2798 HOLMES.WILLIAM III & VIRGINIA R 1744 BLUEBIRD LN CARLSBAD CA 92011-2780 POINSETTIA HEIGHTS HOA 6725 MESA RIDGE RD #224 SAN DIEGO CA 92121-2925 KATAREY SREENIVAS 6406 KINGLET WAY CARLSBAD CA 92011-2700 KAMDAR BHARAT AND MEERA 1716 BLUEBIRD LN CARLSBAD CA 92011-2781 KAHN CLIFFORD AND BECKY 1728 BLUEBIRD LN CARLSBAD CA 92011-2780 YAMAGATA.HIDEKI & HIROKO 1720 BLUEBIRD LN CARLSBAD, CA 92011-2780 FREEMAN NATALIE 1732 BLUEBIRD LN CARLSBAD CA 92011-2780 BROWER JAMES AND JESSICA 18803 VOGEL FARM RD EDEN PRAIRIE, MN 55347-3244 DEVREKER RENE AND ANNE 2940 HAWKRIDGE DR LA CRESCENTA CA 91214-1346 REED ROBERT REVOC TRUST 6430 KINGLET WAY CARLSBAD CA 92011-2700 SANTHOFF JOHN 6434 KINGLET WAY CARLSBAD CA 92011-2700 TOBIN JEAN 6438 KINGLET WAY CARLSBAD CA 92011-2700 HAGAN GERALD AND PATRICIA 26141 SHADY BROOK CIR MURRIETA, CA 92563-4052 HOLT DARRELL AND CHARLENE 6446 KINGLET WAY CARLSBAD CA 92009-2700 WATERBURY JEFFREY AND MOON 6450 KINGLET WAY CARLSBAD CA 92009-2700 ®091S AU3AV-OD-008-L ®09is 6u!iuu<| eaij a6pnui$ pue uwr Impression antibourrage et a sechage rapide Utilisez le gabarit 5160* www.avery.com 1-800-GO-AVERY AVERY® 5160* MAHASSENI REZA 6454 KINGLET WAY CARLSBAD CA 92011-2700 HERSCH CATHY FAMILY TRUST 1743 PI PIT CT CARLSBAD CA 92011-2782 HOGAN FAMILY TRUST 1739 PIPIT CT CARLSBAD CA 92011-2782 BECKSTROM SUZANNE 1735 PIPIT CT CARLSBAD CA 92011-2782 ELLENA FAMILY TRUST 1731 PIPIT CT CARLSBAD CA 92011-2782 HOWELL VICTORIA 1738 PIPIT CT CARLSBAD CA 92011-2782 HUBER COLETTE TRUST 1742 PI PIT CT CARLSBAD CA 92011-2782 SULITEANU RAYMOND 6445 LILIUM LN CARLSBAD CA 92011-2793 HEARN KIM 6441 LILIUM LN CARLSBAD CA 92011-2793 BACKES KENNETH 6437 LILIUM LN CARLSBAD CA 92011-2793 PBRAO TRUST 24040 SPALDING AVE LOS ALTOS, CA 94024-6325 CARNEY JEFFREY AND CANDY 6426 LILIUM LN CARLSBAD CA 92011-2793 DIVENTRA 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DARRELL AND CHARLENE 1309 SHOREBIRD LN CARLSBAD CA 92011-4885 «09is AU3AV-OD-008-1 ®091S 31VWW31 e/J3AV BSD aSpnuis pue uier Jam and Smudge Free Printing Use Avery® TEMPLATE 5160® www.avery.com 1-800-GO-AVERY AVERY® 5160® GREEN FAMILY TRUST 1789CALLISIACT CARLSBAD CA 92011-2795 ISAACS WILLIAM TRUST 1785CALLISIACT CARLSBAD CA 92011-2795 DVORAK DALE AND PAMELA TRUST 1781 CALLISIACT CARLSBAD CA 92011-2794 TAGHAVI HAYEDEH 1777 CALLISIACT CARLSBAD CA 92011-2794 ERB FAMILY TRUST 1773 CALLISIACT CARLSBAD CA 92011-2794 AIELLO KRISTIN 1769 CALLISIACT CARLSBAD CA 92009-2794 MARTIN ANNE 1766 CALLISIACT CARLSBAD CA 92011-2794 DILL PATRICIA 1770 CALLISIACT CARLSBAD CA 92011-2794 SILVERMAN LEONARD AND CAROL 1774 CALLISIACT CARLSBAD CA 92011-2794 POULOS BRADLEY TRUST 1778 CALLISIACT #136 CARLSBAD CA 92009-2794 MAYBAUM LOUIS AND MICHELLE 1715 BLUEBIRD LN CARLSBAD CA 92011-2781 KNUDSEN PATRICIA TRUST 6416 GADWALL CT CARLSBAD CA 92009-2784 KILLIAN DIANA 6420 GADWALL CT CARLSBAD CA 92011-2784 STEKLOV 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92011-2785 ®09is AH3AV-OD-008-1 ®091S apidej aBeipas e ja aBejjnoqiiue uojssaidui) Jam and Smudge Free Printing Use Avery® TEMPLATE 5160® www.avery.com 1-800-GO-AVERY AVERY® 5160* DOWNEY KYE AND SHELLEY 6407 BLUEGRASS LN CARLSBAD CA 92011-2785 MONGE LINDSAY 1748 VERDIN CT CARLSBAD CA 92009-2790 LEVITANSKY ARKADY AND IRENE 1752 VERDI NCT CARLSBAD CA 92011-2790 POMMER RICHARD 1756 VERDIN CT CARLSBAD CA 92011-2790 IYER RAGHUPATI 1760 VERDIN CT CARLSBAD CA 92011-2790 AZARBAL KIANOUSH 1764 VERDIN CT CARLSBAD CA 92011-2790 NAMY KAREN 1768 VERDIN CT CARLSBAD CA 92011-2790 MCCARTHY JOHN 1772 VERDIN CT CARLSBAD CA 92011-2790 CARNEY DANIEL AND JUDITH 1776 VERDIN CT CARLSBAD CA 92011-2790 KENDALL WILLIAM 1761 VERDIN CT CARLSBAD CA 92011-2790 WILMES KRISTIN AND JOANNE 6447 RUBY WAY CARLSBAD, CA 92011-1249 DUCK CRAIG 1753 VERDI NCT CARLSBAD CA 92011-2790 GOODMAN KIMBERLY 1749 VERDIN CT CARLSBAD CA 92011-2790 SETON MERCEDES 1723 BLUEBIRD LN CARLSBAD CA 92011-2781 COGBILL REVOC TRUST 1719 BLUEBIRD LN CARLSBAD CA 92011-2781 ALTMAN BERN AND JULIE 3613 ELKTON DR CHESAPEAKE VA 23321-4458 GREENIG RICHARD & CLAUDETTE 1743 BLUEBIRD LN CARLSBAD CA 92011-2781 ALLISON SHARI 1739 BLUEBIRD LN CARLSBAD CA 92011-2781 NICHOLS KEITH AND MARI 6991 BALLENA WAY #22 CARLSBAD CA 92009-6061 LEACHMAN FAMILY TRUST 1731 BLUEBIRD LN CARLSBAD CA 92011-2781 ®09LS ©AU3AV AM3AV-OD-008-1 epjdej ®091S »ueqe6 9| e )e a6ejjnoqj»ue uo;ssajdui|