HomeMy WebLinkAbout2008-11-04; City Council; 19627; Drainage Master Plan & Planned Drainage Fee ProgramCITY OF CARLSBAD - AGENDA BILL
AB# 19,627
MTG. 11/04/08
DEPT. ENG
PITY DF PAR! QRAH HRAINAf^P MA^TPR PI AM AMR
PLANNED LOCAL DRAINAGE AREA FEE PROGRAM
MCA07-01/ZCA07-04
DEPT. HEAD 'Rf-T
CITY ATTY. tfS^
CITYMGR. (>/-^
RECOMMENDED ACTION:
1. City Council INTRODUCE Ordinance No. CS-004 AMENDING Carlsbad
Municipal Code, Title 15, Chapter 15.04 and Chapter 15.08, Updating the Planned
Local Drainage Area Fee Program, Carlsbad Drainage Master Plan (MCA 07-01);
and
2. City Council INTRODUCE Ordinance No. CS-005 AMENDING Title 21, Chapters
21.38, 21.203 and 21.205 of the Municipal Code by Deleting References to the
Master Drainage Plan Adopted in 1994 and the Model Erosion Control Ordinance
and Adding References to the Proposed City of Carlsbad Drainage Master Plan
and Existing Engineering Standards, Carlsbad Drainage Master Plan (ZCA 07-04);
and
3. City Council ADOPT Resolution No. 2008-230 APPROVING the 2008 Carlsbad
Drainage Master Plan and Approving a Change to the City's Planned Local
Drainage Area Fee, CIP Project No. 3872.
ITEM EXPLANATION:
On August 5, 2008 staff presented the Carlsbad Drainage Master Plan (DMP) Update and
accompanying revisions to the Planned Local Drainage Area (PLDA) Fee Program
together with the program and project level Environmental Impact Report, and various
proposed amendments to the Carlsbad Local Coastal Program and Titles 15 and 21 of the
Carlsbad Municipal Code. After receiving public testimony on the matter, Council adopted
Resolution No. 2008-29 certifying Environmental Impact Report (EIR 04-02), the
Mitigation Monitoring and Reporting Program, and approved amendments to the Carlsbad
Local Coastal Program (LCPA 07-06). Council then continued the approval of the
Carlsbad Drainage Master Plan Update, revisions to the PLDA Fee Program, and the
amendments to Municipal Codes Titles 15 and 21 to the September 9, 2008 meeting and
requested staff to provide further information and clarification on the issues raised during
public testimony. At the September 9, 2008 meeting, Council continued the item to a
future undetermined Council meeting date.
DEPARTMENT CONTACT: Steve Jantz (760) 602-2738, siant@ci.carlsbad.ca.us
FOR CITY CLERKS USE ONLY
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
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D
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0
CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER -SEE MINUTES
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D
D
D
Additional reference: Agenda Bill Nos. 19,540 and 19,568
Page 2
Based upon the written and verbal testimony provided at the public hearing, City staff is
recommending some minor amendments to the DMP document and additional changes to
the proposed Title 15.08 amendments. In addition, staff recommends a minor amendment
to Chapter 15.04 of the Carlsbad Municipal Code to update the Drainage Master Plan
reference in the definitions section of the chapter. The recommended changes and
amendments clarify the intent of the DMP and implementing City Codes, and respond to
the concerns raised by representatives of the Building Industry Association (BIA), the
Westfield Shopping Center, and Preserve Calavera as described below.
Building Industry Association
One of the concerns raised by the BIA was that the proposed fee program did not
allow for a fee reduction on projects that incorporated Low Impact Development (LID)
design features. The BIA asserted that LID design features have the potential to
reduce storm water flows from developed project sites. Staff concurs with the BIA
assertion and recommends amending Chapter 5.8 (Fee Adjustments) of the DMP
document and Title 15.08 of the Carlsbad Municipal Code to add the following
circumstance to the list of reasons an administrative variance may be granted to allow
relief from payment of the full PLDA fee:
• When the project includes Low Impact Development (LID) or hydro-modification
features that reduce the 100-year flood runoff values in the post construction
condition to such an extent that the runoff values are reduced to the levels
consistent with a project with a lesser runoff level. For example a project with a
high runoff value that installs LID features that result in runoff values that equate to
a medium runoff level project would have their fee reduced from the high level to
the medium level. In no case shall the fee level be reduced less than the low runoff
level.
The amended language will allow for a reduction in PLDA fees when a developer
installs drainage retention or infiltration design features within a project resulting in a
significant reduction in the calculated 100-year storm flow runoff from the project site.
Approval of the fee adjustment provision may contribute to a reduction in future PLDA
fee revenues leaving a gap in the PLDA facility financing that may require funding
from other sources. However, if there are a significant amount of fee variance
requests granted under this provision, it is possible that the size and scope of some of
the master planed facilities could be reduced resulting in cost reductions
commensurate with the fee revenue reduction.
Westfield Shopping Center
Westfield Shopping Center requested clarification on how the revised PLDA fee
program would effect the future redevelopment of the shopping center. Westfield
pointed out that the existing and proposed fee program require payment of the PLDA
fee for any redevelopment project whether or not such project contributes to an
increase in the amount of storm water runoff. Staff agrees that the current fee program
provisions for redevelopment projects is not consistent with the fair allocation of PLDA
facility costs and therefore recommends amendment of Title 15.08 to remove the
current redevelopment exemption provision and replacement with a new
redevelopment exemption provision that reads as follows:
z
Page 3
"Projects located on sites which have been previously developed with a permanent
commercial, industrial or residential structure and which do not increase the
impervious surface area of the respective property by fifty-percent or more and which
do not contribute to any increase in the 100-year runoff value to any required planned
local drainage area improvement located downstream of the proposed project. The
fifty percent criteria shall be measured cumulatively for multiple discreet project
applications covering the same property where such applications are filed within two
years of one another"
Additional minor modifications to Title 15.08 are proposed in the draft ordinance
(Exhibit 1) to provide for the administration of the new redevelopment exemption. One
such modification is the provision of an exemption for remodels and additions that do
not increase the building footprint by more than 500 square feet. This exemption
eliminates the requirement for minor project applicants to submit complicated
impervious surface calculations for projects that clearly will not result in any significant
increase in the amount of storm water runoff.
Preserve Calavera and Carlsbad Watershed Network (CWN)
Representatives of Preserve Calavera and CWN commented on a number of issues in
writing and verbally at the August 5th Council meeting. All of the comments were
previously addressed in the response to comments in the EIR and were included in
the prior agenda bill packet submitted to Council on August 5, 2008.
Preserve Calavera and CWN have requested the DMP include provisions to better
integrate watershed management planning principles into the future drainage master
planning efforts and future PLDA facility designs. Preserve Calavera and CWN assert
that incorporation of watershed management planning principles will effectively help to
refocus the DMP from what is essentially a flood control facility planning and financing
document to an integrated plan that "... will focus on creating a more sustainable
dynamic equilibrium for local streams that is modeled more on nature and less on the
kind of controlled environment found in the typical flood control project."
Staff agrees with the concept of integrating watershed management planning into the
DMP. Staff believes that adequate storm water quality and habitat protection
measures currently exist within other regulatory plans and documents within the City
including the Local Coastal Plans, the Habitat Management Plan (HMP), the
Jurisdictional Runoff Management Plan (JURMP) and the City Standard Urban Storm
Water Management Plan (SUSMP). Any storm drain project constructed within the
City must meet the applicable requirements of these and other regulatory documents.
City staff has been a collaborative partner with CWN on the preparation of the
Carlsbad Watershed Management Plan, dated February 2002 and the Agua Hedionda
Watershed Management Plan dated August 2008. Staff will continue to collaborate
with CWN and the other Carlsbad watershed management planning partners on the
implementation of these two plans and the preparation and implementation of other
watershed management plans prepared for watersheds within the Carlsbad
Hydrologic Unit. The City will also endeavor to incorporate the various watershed
planning goal elements, watershed management opportunities and action items into
the planning, design, construction and maintenance of its future drainage facility
Page 4
projects, the City SUSMP and other elements of the Carlsbad Storm Water Standards
Manual. To this end, staff is recommending the Council amend the Drainage Master
Plan and incorporate the proposed new Chapter 6.3 - Comprehensive Watershed
Management Planning.
Staff also corrected the typographical error on page two of the proposed Ordinance No.
CS-004 amending Chapter 15.08. The implementation timeline was revised from 30 days
to 60 days to meet applicable legal standards for the commencement of collecting
development related fees.
ENVIRONMENTAL IMPACT:
Pursuant to California Environmental Quality Act (CEQA) Guidelines sections 15162 and
15163, the Planning Director has determined additional environmental review is not
necessary to approve the recommended minor amendments to the DMP document or to
Title 15.08 and Chapter 15.04 of the Carlsbad Municipal Code. The amendments are not
substantial, do not involve any significant environmental effects, and do not substantial
increase the severity of any significant effects previously identified in the already certified
EIR 04-02.
The recommended addition of Section 6.3 to the DMP document notes the City will endeavor
to incorporate various watershed planning goal elements, watershed management
opportunities, and action items into planning and construction of future drainage facility
projects and into various regulatory storm water documents. The section includes a clarifying
statement that incorporation of these elements, opportunities, and items as noted may first
require amendment of the Drainage Master Plan and Local Coastal Program and
environmental review that is in addition to the EIR prepared for this Drainage Master Plan.
FISCAL IMPACT:
The 2008 Carlsbad Drainage Master Plan proposed construction of 34 Master Plan
Projects with an estimated construction cost of $21,930,385.
The following is a summary of current PLDA Area fund balances, an estimation of the
construction costs for 34 proposed master plan facilities, and an estimation of future
revenue from PLDA fee funding to allow for the construction of future master plan
facilities:
PLDA Fund Balance1
PLDA Master Plan
Project Cost
PLDA Funding
Needs
AREA A
$249,639
$1,953,719
$1,704,080
AREAB
$5,865,748
$12,727,555
$6,861,807
AREAC
$3,679,499
$4,775,649
$1,096,150
AREAD
$226,928
$2,473,462
$2,246,534
TOTAL
$10,021,814
$21,930,385
$11,908,571
1The PLDA Fund Balances include the amounts used to purchase wetland mitigation
credits from the North County Habitat Bank as these credits will be used to mitigate future
PLDA projects.
Page 5
To generate needed funding, staff is recommending amending the current PLDA fee and
structure to include three runoff coefficient categories shown below.
Runoff
Coefficient
Low
Medium
High
PLDA
Basin A
$5,270
$10,480
$22,837
PLDA
Basin B
$1,970
$3,797
$8,535
PLDA
Basin C
$1,912
$2,705
$8,287
PLDA
Basin D
$1,813
$2,966
$7,857
EXHIBITS:
1.
2.
3.
4.
5.
7.
8.
9.
10.
11.
Ordinance No. CS-004 amending Carlsbad Municipal Code, Title 15, Chapter
15.04 and Chapter 15.08, Updating the Planned Local Drainage Area Fee
Program, Carlsbad Drainage Master Plan (MCA 07-01).
Strikeout version of Carlsbad Municipal Code Title 15, Chapter 15.04 Drainage
Area Fee.
Strikeout version of Carlsbad Municipal Code Title 15, Chapter 15.08 Drainage
Area Fee.
Ordinance No. CS-005 amending Title 21, Chapters 21.38, 21.203 and 21.205 of
the Municipal Code by Deleting References to the Master Drainage Plan Adopted
in 1994 and the Model Erosion Control Ordinance and Adding References to the
Proposed City of Carlsbad Drainage Master Plan and Existing Engineering
Standards, Carlsbad Drainage Master Plan (ZCA 07-04).
Strikeout version of Carlsbad Municipal Code Title 21, Chapters 21.38, 21.203 and
21.205.
Resolution No. 2008-230 approving the 2008 Carlsbad Drainage Master Plan and
Approving a Change to the City's Planned Local Drainage Area Fee, CIP Project
No. 3872.
Draft Section 6.3 for the City of Carlsbad Drainage Master Plan dated July 2008.
Agenda Bill Nos. 19,540 and 19,568 on file in the Office of the City Clerk.
Carlsbad Engineering Standards located at www.carlsbadca.gov/engineering/index.html
Letter from City Attorney to Sue Loftin, Esq. dtd. October 24, 2008.
Letter from Sue Loftin, Esq. to City Attorney dtd. October 28, 2008.
EXHIBIT 1
1 ORDINANCE NO. CS-004
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA AMENDING CARLSBAD MUNICIPAL CODE, TITLE 15,
3 CHAPTER 15.04 AND CHAPTER 15.08 UPDATING THE PLANNED
LOCAL DRAINAGE AREA FEE PROGRAM
4 CASE NAME: CARLSBAD DRAINAGE MASTER PLAN
CASE NO: MCA 07-01
5
The City Council of the City of Carlsbad California, does ordain as follows:
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SECTION 1: That Title 15, Chapter 15.04 of the Carlsbad Municipal Code is amended
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by the amendment of Section 15.04.020 L. to read as follows:
8
L. "Drainage master plan" means the report entitled City of Carlsbad Drainage Master Plan,
9 dated July 2008, and any supplements, amendments, revisions or modifications made thereto
as may be approved by city council resolution.
10
SECTION 1: That Title 15, Chapter 15.08 of the Carlsbad Municipal Code is amended
by the amendment of Section 15.08.010 to read as follows:
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15.08.010 Purpose.
(a) This chapter imposes a planned local drainage area fee to pay for various planned local
drainage facility improvements within the city. The amount of the fee is based upon engineering
analysis and has been calculated to be equal to or less than the cost of the planned local
drainage facility improvements as described in the drainage master plan.
(b) This chapter is necessary to ensure the completion of planned local drainage facility storm
drainage, flood control and water pollution control improvements in a timely manner concurrent
with the need for such improvements. The construction of the planned local drainage facility
improvements funded by this fee will help ensure compliance with the city's growth
1 ' management standards relating to drainage facilities and with the water quality improvement
requirements of the municipal permit.18
SECTION 2: That Title 15, Chapter 15.08 of the Carlsbad Municipal Code is amended
by the addition of Section 15.08.01 5 to read as follows:
~ 1 5.08.01 5 Definitions.
When used in this chapter, the following terms shall have the meanings ascribed to them in this
~~ section:
A. "Impervious surface" means any surface which cannot be effectively or easily penetrated by
23 water. Examples include conventional pavements, buildings, non-porous concrete and asphalt
walkways, driveways, patios and building foundations and rock outcroppings. For purposes of
24 this chapter any soil surface whether highly compacted or not shall not be considered an
impervious surface.
25 '"III
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EXHIBIT 1
1 SECTION 3: That Title 15, Chapter 15.08 of the Carlsbad Municipal Code is amended
2 by the amendment of Section 15.08.020 to read as follows:
3 15.08.020 Prohibition of development.
Except as provided in this section, no final or parcel map shall be approved nor shall any
4 building permit or occupancy permit for any project be issued and no person shall build, use or
occupy any project, without first paying the planned local drainage area fee established by, or
5 otherwise complying with, this chapter. The following projects shall be exempt from the
requirements of this chapter:
6 (a) Projects located on sites which have been previously developed with a permanent
commercial, industrial or residential structure which do not increase the impervious
7 surface area of the respective property by fifty percent or more and which do not
contribute to any increase in the 100-year runoff value to any required planned local
8 drainage area improvement located downstream of the proposed project. The fifty percent
criteria shall be measured cumulatively for multiple discreet project applications covering
9 the same property where such applications are filed within two years of one another.
(b) Projects involving remodels or additions that do not increase the building footprint by five
10 hundred square feet. The five hundred square feet criteria shall be measured cumulatively
for multiple discreet project applications covering the same property where such
11 applications are filed within two years of one another.
(c) Projects located on property which was subdivided after October 16, 1980, and for which
12 the subdivider for said property paid or received credit for payment of any PLDA fees.
(d) Projects by public agencies or entities.
SECTION 4: That Title 15, Chapter 15.08 of the Carlsbad Municipal Code is amended14
by the amendment of Section 15.08.030 to read as follows:
15.08.030 Application requirements.
In addition to any other requirements for a building permit authorized pursuant to Title 18 of this
code and as established by the building official, the applicant for a building permit, subject to the
17 fee payment requirements of this chapter, shall:
(a) Submit a site plan showing the existing and proposed impervious surface areas located on
the property together with a summary of the acreages of existing and proposed impervious
surface areas.
(b) Pay the planned local drainage area fee established by action of this chapter.
SECTION 5: That Title 15, Chapter 15.08 of the Carlsbad Municipal Code is amended
91 by the amendment of Section 15.08.040 to read as follows:
22 15.08.040 Fee.
(a) The planned local drainage area fee schedule shall be established by city council resolution
and shall be considered part of this chapter.
24 (b) A planned local drainage area fee shall be paid by the owner or developer prior to the
issuance of any building permit or occupancy permit or prior to final or parcel map approval for a
project, whichever occurs first. The planned local drainage area fees shall be adjusted annually
based upon the July, 2008 Engineering News Record Los Angeles Construction Cost Index of
9335.69 based on the 1967 average = one hundred.
(c) If, as a condition of development, the project owner or developer is required to construct a
27 planned local drainage facility, then the developer may receive a credit against payment of the
planned local drainage area fee. The amount of the fee credit shall not exceed the facility cost
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EXHIBIT 1
1 as estimated in the master drainage plan plus the adjustments provided for in subsection (b) of
this section. If the cost of the planned local drainage facility installed by the developer exceeds
2 the amount of the fee credit established by this subsection the developer is eligible for
reimbursement on the balance of the facility costs pursuant to Section 15.08.080 of this chapter.
3 (d) The drainage fee paid for each property subject to this chapter shall be based upon the
gross property acreage (including easements and not more than thirty feet of the fronting street
4 right-of-way measured at right angles to the property line along the full extent of the street
frontage) less any area of constrained land as it may be defined in Section 21.53.230 and based
5 upon the runoff potential for the respective general plan designation for the property. The runoff
potential for each land use designation shall be as indicated within Appendix C of the drainage
6 master plan.
(e) The applicant for a building permit may request adjustment of the PLDA fees specified in this
7 chapter upon submittal of a written request to the city engineer. The request should include an
explanation of the reason for the requested adjustment and any documentation in support of the
8 request. Upon review of the request, the city engineer shall determine whether to approve or
deny the requested adjustment in accordance with the following provisions:
9 i. When portions of the project have slopes greater than 25 percent and less than 40 percent,
as defined in chapter 21.95, one-half the fee for those portions may be waived. The criteria for
10 waiver should be that the slope is undisturbed and has a flourishing cover of native vegetation;
that the owner irrevocably covenants with the city to maintain the slope as open space; and that
1 the sloped area has not been used to compute more than one-half of an area equal to the
sloped area used to establish the maximum development density of the project.
12 ij. The increment of a project that is replacing a building destroyed by accidental fire or natural
disaster may be considered to be deducted from the valuation of the project PLDA fee.
jii. Structures that will not be in place from November 16 through April 14 of any year are
considered temporary for the purposes of this chapter. Temporary buildings may have the
payment of PLDA fees reimbursed without interest when they have been removed and when the
areas under and appurtenant to them are restored to their natural hydrologic condition.
Appurtenant areas include parking areas, walks, activity areas and other areas accessory to the
use of the building. Structures and appurtenant areas that have not been removed between any
period from November 16 through April 14 during their existence are not eligible for
reimbursement of any portion of the PLDA fee.
iv. The project includes Low Impact Development (LID) or hydro-modification features, as such
features are described in the City's Standard Urban Storm Water Mitigation Plan, or other
design features that reduce the 100-year flood runoff values in the post construction condition to
such an extent that the runoff values are reduced to the level consistent with a project with a
lesser runoff level. For example, a project with a high runoff value that installs LID features that
result in runoff values that equate to a medium runoff level would result in a fee reduction from
the high level to a medium level. In no case, however, shall the fee be reduced below the fee
imposed for the low runoff level.
The decision of the city engineer may be appealed to the city council pursuant to section
15.16.160 of this Title.
SECTION 6: That Title 15, Chapter 15.08 of the Carlsbad Municipal Code is amended
by the deletion of Section 15.08.050.
25 SECTION 7: That Title 15, Chapter 15.08 of the Carlsbad Municipal Code is amended
by the amendment of Section 15.08.060 to read as follows:
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EXHIBIT 1
15.08.060 Use of fees.
Drainage area fees collected hereunder shall be segregated according to their source and
deposited into a planned local drainage area facility fund established for each planned local
drainage area and the funds therein and interest accruing thereto shall be expended solely for
the construction of or for reimbursement for construction of planned local drainage facilities
within the respective planned local drainage area. All of the fees collected shall be expended
solely to build or finance planned local drainage facilities serving the city.
EFFECTIVE DATE: This ordinance shall be effective sixty (60) days after its adoption; and
the City Clerk shall certify the adoption of this ordinance and cause a summary to be published at
least once in a newspaper of general circulation in the City of Carlsbad within fifteen (15) days after
its adoption.
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1 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on
2 the 4th day of November, 2008, and thereafter.
3 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
4 City of Carlsbad on the day of , 2008, by the following vote to wit:
5
6 AYES:
7 NOES:
8 ABSENT:
9 ABSTAIN:
10
APPROVED AS TO FORM AND LEGALITY
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4 RONALD R. BALL, City Attorney
15
16 CLAUDE A LEWIS, Mayor
17 "
18 ATTEST:
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20 LORRAINE M. WOOD, City Clerk
21 (SEAL)
22 "
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EXHIBIT 2
Chapter 15.04 GENERAL REGULATIONS (STRIKEOUT VERSION)
15.04.010 Title.
15.04.020 Definitions.
15.04.010 Title.
This title shall be known as the Grading and Drainage Ordinances. (Ord. NS-879 § 1 (part), 2008)
15.04.020 Definitions.
For the purpose of this title, the following words, terms or phrases shall be construed as defined in this
section:
A. "Basin plan" means the Water Quality Control Plan for the San Diego Region (July 1975) and
approved by the State Water Resources Control Board, together with subsequent amendments.
B. "Best management practices (BMP)" means schedules of activities, prohibitions of practices, general
good housekeeping practices, pollution prevention and educational practices, employee training
programs, maintenance procedures, and other management practices to prevent or reduce to the
maximum extent practicable the discharge of pollutants directly or indirectly to storm water conveyance
system and/or receiving waters. Best management practices also include treatment requirements,
operating procedures, and practices to control site runoff, spillage or leaks, sludge or waste disposal,
and drainage from raw materials storage. Best management practices also include the use of structural
treatment controls designed to remove pollutants from storm water runoff.
C. "Building permit" means a permit required by and issued pursuant to Chapter 18.04 of this code.
D. "Building footprint" means the gross floor area of a structure measured at the ground level elevation
within the confines of the exterior wall surfaces.
E. "Business Activity SWPPP" means a storm water pollution prevention plan prepared pursuant to the
General Industrial Activity Permit or pursuant to Section 15.12.080 of this code for the purpose of (1)
identifying and evaluating sources of pollutants associated with business activities that may affect the
quality of storm water discharges and authorized non-storm water discharges from a facility; and (2)
identifying and implementing site-specific best management practices to reduce or prevent pollutants
associated with business activities in storm water discharges and authorized non-storm water
discharges from a facility.
F. "California ocean plan" means the California Ocean Plan: Water Quality Control Plan for Ocean
Waters of California adopted by the State Water Resources Control Board effective February 14, 2006,
and any subsequent amendment, revision or re-issuance thereof.
G. "City standards" means the standards used for the design and construction of public and private
improvements in Carlsbad, including grading improvements and storm water best management
practices, as contained in the latest edition of the "City of Carlsbad City Standards" as promulgated by
the city engineer.
H. "Construction SWPPP" means a storm water pollution prevention plan prepared pursuant to the
general construction permit, Sections 11.16.090, 15.12.080, 15.16.085 and 18.48.040 of this code and,
city standards for the purpose of (1) identifying and evaluating sources of pollutants associated with
construction activities that may affect the quality of storm water discharges and authorized non-storm
water discharges from a construction site; and (2) identifying and implementing site-specific best
management practices to reduce or prevent pollutants associated with construction activities in storm
water discharges and authorized non-storm water discharges from a construction site.
I. "Development" means:
1 .The placement or erection of any solid material or structure on land, in water, or under water;
2.The discharge or disposal of any dredged material or of any gaseous, liquid, solid, or thermal
waste;
3.The grading, removing, dredging, mining, or extraction of any materials;
EXHIBIT 2
4.A change in the density or intensity of the use of land, including, but not limited to, a subdivision
pursuant to the Subdivision Map Act (Government Code Section 66410, et seq.) and any other
division of land, including lot splits, except where the division of land is brought about in connection
with the purchase of such land by a public agency for public recreational use;
5. A change in the intensity of the use of water, or of access to water;
6.The construction, reconstruction, demolition, or alteration of the size of any structure, including any
facility of any private, public, or municipal entity; and,
7.The removal or harvesting of major vegetation other than for agricultural purposes. As used in this
definition, "structure" includes, but is not limited to, any building, road, pipe, flume, conduit, siphon,
aqueduct, telephone line, and electrical power transmission and distribution line. (Source:
Government Code Section 65927).
J. "Development permit" means any permit approval or entitlement issued pursuant to Titles 11, 15, 18,
20 or 21 of this code.
K. "Development project" means any new development or redevelopment with land disturbing activities,
structural development, including construction or installation of a building or structure, the creation of
impervious surfaces, public agency projects and land subdivision.
L. "Drainage master plan" means the report entitled Master Drainage and Storm Water Quality
Management Plan, dated March 1994 City of Carlsbad Drainage Master Plan, datedJuly 2008, and
any supplements, revision or modification thereto as may be approved by city council resolution.
M. "General construction permit" means NPDES General Permit for Storm Water Discharges
Associated with Construction Activity (Water Quality Order No. 99-08-DWQ, NPDES No. CAS000002)
issued by the State Water Resources Control Board, and any amendment, revision or re-issuance
thereof. The general construction permit establishes a framework for regulating the discharge of storm
water runoff from construction activities as specified in the permit.
N. "General industrial activity permit" means NPDES General Permit for Storm Water Discharges
Associated with Industrial Activities (Order No. 97-03-DWQ, NPDES No. CAS000001) issued by the
State Water Resources Control Board, and any amendment, revision or re-issuance thereof. The
general industrial activity permit establishes a framework for regulating the discharge of storm water
runoff from certain industrial activities as specified in the permit.
O. "General linear utility permit" means NPDES General Permit for Storm Water Discharges Associated
with Construction Activity from Small Linear Underground/Overhead Projects, Water Quality Order No.
2003-0007 issued by the State Water Resources Control Board, and any amendment, revision or re-
issuance thereof. The general linear utility permit establishes a framework for regulating the discharge
of storm water runoff from small linear underground or overhead utility projects as specified in the
permit.
P. "Illicit connection" means any physical connection (pipe, facility, or other device) to the storm water
conveyance system permitted or unpermitted by the city of Carlsbad, which drains illegal discharges
either directly or indirectly into a storm water conveyance system.
Q. "Jurisdictional urban runoff mitigation plan (JURMP)" means a plan, prepared pursuant to municipal
permit, to:
1. Ensure that discharges from municipal separate storm water sewer system do not cause or
contribute to degradation of water quality;
2. Effectively prohibit urban discharges of illicit connections to the municipal separate storm water
sewer system; and
3. Reduce the discharge of pollutants from municipal separate storm water sewer system to the
maximum extent practicable. When used in the Carlsbad Municipal Code, this refers to the JURMP
adopted by the city of Carlsbad.
R. "Landscape manual" means the "landscape manual" adopted by city council resolution which
contains the policies and requirements for the design, construction and maintenance of landscape and
irrigation systems constructed pursuant to a city development approval.
S. "Low impact design (LID)" means a storm water management and land development strategy that
emphasizes conservation and the use of on-site natural features integrated with engineered small-scale
hydrologic controls to more closely reflect pre-development hydrologic functions.
T. "Maximum extent practicable (MEP)" means, with respect to best management practices (BMPs), an
individual BMP or group of BMPs which reduces or eliminates the discharge of a pollutant of concern,
EXHIBIT 2
which have a cost of implementation reasonably related to the pollution control benefits achieved, and
which are technologically feasible.
U. "Municipal permit" means California Regional Water Quality Control Board San Diego Region Order
No. R9-2007-0001, NPDES No. CAS0108758 Waste Discharge Requirements for Discharges of Urban
Runoff from the Municipal Separate Storm Sewer Systems (MS4s) Draining the Watersheds of the
County of San Diego County, the San Diego Unified Port District, and the San Diego County Regional
Airport Authority (Municipal Permit), and any amendment, revision or re-issuance thereof.
V. "National Pollution Discharge Elimination System (NPDES) Permit" refers to a permit issued by the
San Diego Regional Water Quality Control Board or the State Water Resources Control Board pursuant
to Chapter 5.5, Division 7 of the California Water Code, to control discharges from point sources to
waters of the United States, including, but not limited to:
1. Municipal permit;
2. General industrial activity permit;
3. General construction permit;
4. General linear utility permit; and
5. California Regional Water Quality Control Board, San Diego Region, General De-Watering Permits
(Order Numbers 91-10 and 90-31) and any amendment, revision or re-issuance thereof.
W. "National Pollution Discharge Elimination System (NPDES) general permit" means a permit issued
by the State Water Resources Control Board which establishes a framework for regulating the
discharge of storm water runoff for certain broad classes of activities, including, but not limited to:
1. General construction permit;
2. General industrial activity permit; and
3. General linear utility permit.
X. "Non-storm water discharge" means any discharge to the storm water conveyance system that is not
entirely composed of storm water.
Y. "Occupancy permit" means a permit required or issued pursuant to Chapter 21.60 of this code.
Z. "Pollutant" means and includes, but is not limited to, solid waste, sewage, garbage, medical waste,
wrecked or discarded equipment, radioactive materials, dredged spoil, rock, sand, sediment, silt,
industrial waste, and any organic or inorganic substance defined as a pollutant under 40 C.F.R. 122.2
whose presence degrades the quality of the receiving waters in violation of the basin plan and
California ocean plan standards such as fecal coliform, fecal streptococcus, enterococcus, volatile
organic carbon, surfactants, oil and grease, petroleum hydrocarbons, total organic carbon, lead,
copper, chromium, cadmium, silver, nickel, zinc, cyanides, phenols, fertilizers, pesticides, herbicides
and other biocides. A pollutant also includes any contaminant which degrades the quality of the
receiving waters in violation of the basin plan and California ocean plan standards by altering any of the
following parameters: pH, total suspended and settleable solids, biochemical oxygen demand (BOD),
chemical oxygen demand (COD), nutrients, temperature and other narrative standards of the basin
plan.
AA. "Planned local drainage facility" means any storm drainage facility, flood control facility or water
quality enhancement facility identified in the drainage master plan including drainage easements, storm
drain pipes, inlet structures, outlet structure, sedimentation and de-pollutant basins, drop structures, rip
rap, junction structures, environmental mitigation measures, water quality monitoring and testing
equipment and other improvements necessary to convey, contain or enhance the quality of storm water
discharge.
BB. "Planned local drainage area (PLDA)" means one of four drainage areas within the city identified
within the drainage master plan. Separate planned local drainage area (PLDA) fees are established for
each of the four drainage areas and were calculated to be equal to or less than the cost of the planned
local facility drainage improvements within each respective PLDA.
CC. "Priority development project" means new development and redevelopment project categories
listed in section D.1 .d(2) of the municipal permit.
DD. "Receiving waters" means surface bodies of water which serve as receiving points for discharges
from the storm water conveyance system, including Encinas Creek, San Marcos Creek, Batiquitos
Lagoon, Agua Hedionda Lagoon, San Elijo Lagoon and Buena Vista Lagoon and their tributary creeks,
reservoirs, lakes, estuaries, and the Pacific Ocean.
EE. "Rainy season" means the period of time between October 1 of any year and April 30 of the
following year during which the likelihood of rainfall is greater than at other times of the year.
EXHIBIT 2
FF. "Standard urban storm water mitigation plan (SUSMP)" means a plan, prepared pursuant to the
municipal permit, to reduce pollutants and runoff flows from all new development and significant
redevelopment projects that fall under priority project categories. When used in the Carlsbad Municipal
Code, this refers to the SUSMP prepared by the city of Carlsbad.
GG. "Storm water" means surface runoff and drainage associated with storm events and snow melt that
flows across a surface to the storm water conveyance system or receiving waters. For the purposes of
this chapter, storm water runoff and drainage from areas that are in a natural state, have not been
significantly disturbed or altered, either directly or indirectly, as a result of human activity, and the
character and type of pollutants naturally appearing in the runoff have not been significantly altered,
either directly or indirectly, as a result of human activity, shall be considered "unpolluted" and shall
satisfy the definition of "storm water" in this chapter.
HH. "Storm water requirements applicability questionnaire" means the questionnaire form, as specified
in the SUSMP, filled out and signed by the responsible party submitting an application for a
development permit, and used by the city to determine if the development project is required to comply
with standard or priority project storm water requirements.
II. "Storm water conveyance system" means private and public drainage facilities by which storm water
may be conveyed to receiving waters, such as natural drainages, ditches, roads, streets, constructed
channels, aqueducts, storm drains, pipes, culverts, street gutters or catch basins.
JJ. "Storm water management plan (SWMP)" means a storm water pollution prevention plan prepared
in accordance with the SUSMP which describes best management practices to be implemented on a
development site during the post-construction phase of a project. A storm water management plan also
includes recommended maintenance activities and schedules of maintenance for any structural
treatment controls included in the plan. A SWMP is sometimes referred to as a post-construction
SWPPP.
KK. "Storm water pollution prevention plan (SWPPP)" means a document which describes the on-site
program activities and structural treatment control measures to eliminate or reduce to the maximum
extent practicable, pollutant discharges to the storm water conveyance system primarily through the
application and use of best management practices. A SWPPP is prepared in accordance with the
requirements of a NPDES general permit and/or city standards. The city utilizes three types of SWPPP
documents for storm water pollution prevention during different phases of land development and land
use activities including the following:
1 .Storm water management plan (SWMP);
2. Construction SWPPP; and
3. Business activity SWPPP.
LL. "Structural treatment control BMP" means engineered facilities designed for the treatment of storm
water runoff. Structural treatment controls typically use infiltration, filtration, retention/detention,
biofiltering and other techniques to remove pollutants from storm water runoff. (Ord. NS-879 § 1 (part),
2008)
EXHIBIT 3
1 Chapter 15.08 DRAINAGE AREA FEE (STRIKEOUT VERSION)
2 Sections:
15.08.010 Purpose.
3 15.08.015 Definitions
15.08.020 Prohibition of development.
4 15.08.030 Application requirements.
15.08.040 Fee.
5 15.08.050 Exemption.
15.08.060 Use of fees.
6 15.08.070 Assessment districts.
15.08.080 Reimbursement agreements.
7 15.08.090 Advance of funds by city.
15.08.100 Expiration of chapter.
8
15.08.010 Purpose.
9 (a) This chapter imposes a planned local drainage area fee to pay for various planned local
drainage facility storm drain improvements within the city. The amount of the fee is based
10 upon engineering analysis and has been calculated to be equal to or less than the cost of
the planned local drainage facility improvements as described in the drainage master
11 plan. The drainage improvements funded by this fee are designated in the report entitled
Master Drainage and Storm Water Quality Management Plan, dated March, 1994, on file
12 with the city engineer.
(b) This chapter is necessary to ensure the completion of planned local drainage facility
storm drainage, flood control and water pollution control improvements in a timely manner
concurrent with the need for such improvements. The construction of the planned local
drainage facility improvements funded by this fee will help ensure compliance with the
city's growth management standards relating to drainage facilities and with the water
quality improvement requirements of the municipal national—pollutant discharge
elimination system permit issued for city storm drainage facilities.16
15.08.015 Definitions.
17 When used in this chapter, the following terms shall have the meanings ascribed to them
in this section:
18 A. "Impervious surface" means any surface which cannot be effectively or easily
19
20
penetrated by water. Examples include conventional pavements, buildings, non-porous
concrete and asphalt walkways, driveways, patios and building foundations and rock
outcroppings. For purposes of this chapter any soil surface whether highly compacted
or not shall not be considered an impervious surface.
91 15.08.020 Prohibition of development.
Except as provided in this section For any property subject to this chapter, notwithstanding
any provision of this code to the contrary, no final or parcel map shall be approved nor shall any
building permit or occupancy permit for any project be issued and no person shall build, use or
occupy any project, without first paying the fee established by, or otherwise complying with, this
24 chapter. The following projects shall be exempt from the requirements of this chapter:
(a) Projects located on sites which have been previously developed with a permanent
25 commercial, industrial or residential structure which do not increase the impervious
surface area of the respective property by fifty percent or more and which do not
contribute to any increase in the 100-year runoff value to any required planned local
drainage area improvement located downstream of the proposed project. The fifty
27 percent criteria shall be measured cumulatively for multiple discreet project
28
EXHIBIT 3
1 applications covering the same property where such applications are filed within
two years of one another.
2 (b) Projects involving remodels or additions that do not increase the building footprint
by five hundred square feet. The five hundred square feet criteria shall be measured
3 cumulatively for multiple discreet project applications covering the same property
where such applications are filed within two years of one another.
4 (c) Projects located on property which was subdivided after October 16, 1980, and for
which the subdivider for said property paid or received credit lor payment of any
5 PLDA fees.
(d) Projects by public agencies or entities.
6
15.08.030 Application requirements.
7 In addition to any other requirements for a building permit authorized pursuant to Title 18 of this
code and as established by the building official, the applicant for a building permit, subject to
8 the fee payment requirements of this chapter, shall:
(a) Submit a site plan showing the existing and proposed impervious surface areas
located building footprint of all existing and proposed habitable structures on the property
subject to this chapter together with a summary of the acreagse of existing and
10 proposed impervious surface areas building footprint areas for existing and proposed
struGture(s).
(b) Pay the planned local drainage area fee established by action of this chapter.
(c) Subsections (a) and (b) of this section shall apply to all new building construction, to all
12 residential and non residential remodels, enlargements or alterations where the proposed
building footprint is increased by fifty percent or greater over the existing building footprint.
(d) This section shall not apply to property which was subdivided after October 16, 1980, and
for which the subdivider for said property paid or received credit for payment of any PLDA
*•*
15
15.08.040 Fee.
16 (a) The planned local drainage area fee schedule shall be established by city council
resolution and shall be considered part of this chapter.
*' (b) A planned local drainage area fee shall be paid by the owner or developer prior to the
issuance of any building permit or occupancy permit or prior to final or parcel map
18 approval for a project, whichever occurs first. The planned local drainage area fees shall
be adjusted annually based upon the July January, 2008 4994 Engineering News Record
Los Angeles Construction Cost Index of 9335.69 549.13 based on the 1967 average = one
hundred.
(c) If, as a condition of development, the project owner or developer is required to construct a
planned local drainage facility, then the developer may receive a credit against payment of
the planned local drainage area fee. The amount of the fee credit shall not exceed the
facility cost as estimated in the master drainage master plan plus the adjustments
provided for in subsection (b) of this section. If the cost of the planned local drainage
23 facility installed by the developer exceeds the amount of the fee credit established by this
subsection the developer is eligible for reimbursement on the balance of the facility costs
24 pursuant to Section 15.08.080 of this chapter.
(d) The drainage fee paid for each property subject to this chapter shall be based upon the
gross property acreage (including easements and not more than thirty feet of the fronting
street right-of-way measured at right angles to the property line along the full extent of the
street frontage) less any area of constrained land as it may be defined in Section
21.53.230 and based upon the runoff potential for the respective general plan designation
27 for the property. The runoff potential for each land use designation shall be as indicated
within Appendix C Table 4-3 for of the mastef drainage master plan.
28
EXHIBIT 3
1 (e) The applicant for a building permit may request adjustment of the PLDA fees specified in
this chapter upon submittal of a written request to the city engineer. The request should
2 include an explanation of the reason for the requested adjustment and any documentation
in support of the request. Upon review of the request, the city engineer shall determine
3 whether to approve or deny the requested adjustment in accordance with the following
provisions^
4 /'. When portions of the project have slopes greater than 25 percent and less than
40 percent, as defined in chapter 21.95, one-half the fee for those portions may
5 be waived. The criteria for waiver should be that the slope is undisturbed and
has a flourishing cover of native vegetation; that the owner irrevocably
6 covenants with the city to maintain the slope as open space; and that the sloped
area has not been used to compute more than one-half of an area equal to the
1 sloped area used to establish the maximum development density of the project.
ii. The increment of a project that is replacing a building destroyed by accidental
8 fire or natural disaster may be considered to be deducted from the valuation of
the project PLDA fee.
9 ///. Structures that will not be in place from November 16 through April 14 of any
year are considered temporary for the purposes of this chapter. Temporary
10 buildings may have the payment of PLDA fees reimbursed without interest when
they have been removed and when the areas under and appurtenant to them are
restored to their natural hydrologic condition. Appurtenant areas include
parking areas, walks, activity areas and other areas accessory to the use of the
building. Structures and appurtenant areas that have not been removed between
any period from November 16 through April 14 during their existence are not
eligible for reimbursement of any portion of the PLDA fee.
iv. The project includes Low Impact Development (LID) or hydro-modification
14 features, as such features are described in the City's Standard Urban Storm
Water Mitigation Plan, or other design features that reduce the 100-year flood
15 runoff values in the post construction condition to such an extent that the runoff
values are reduced to the level consistent with a project with a lesser runoff
1° level. For example, a project with a high runoff value that installs LID features
that result in runoff values that equate to a medium runoff level would result in a
*•' fee reduction from the high level to a medium level. In no case, however, shall
the fee be reduced below the fee imposed for the low runoff level.
The decision of the city engineer may be appealed to the city council pursuant to
section 15.16.160 of this Title
9flu 15.08.050 Exomption.
Project by public agencies or entities shall be exempt from the provisions of this chapter.
15.08.060 Use of fees.
Drainage area fees collected hereunder shall be segregated according to their source and
~o deposited into a planned local drainage area facilities facility fund established for each planned
local drainage area and the funds therein and interest accruing thereto shall be expended solely
24 for the construction of or for reimbursement for construction of planned local drainage facilities
within the respective planned local drainage area. All of the fees collected shall be expended
25 solely to build or finance planned local drainage facilities serving the city.
15.08.070 Assessment districts.
If an assessment district or special taxing district is established for all or any part of the area
27 subject to this chapter to fund storm drain improvements which are or will be funded in whole or
28
EXHIBIT 3
1 in part by the fee established by this chapter, the owner or developer of a project may apply to
the city council for a credit against the fee in an amount equal to the assessment or taxes paid.
2 ///
3 ..
15.08.080 Reimbursement agreements.
4 The city council may, at its discretion, enter into a reimbursement agreement with a developer,
when said developer has constructed a planned local drainage facility improvement.
5 Reimbursement shall be made only as fees are collected in connection with the development of
other property in the same planned local drainage area in which said facilities were constructed.
6 The schedule of payments for the reimbursement shall take into consideration the schedule of
planned local drainage facility improvement construction contemplated in the adopted capital
7 improvement program and shall be made at the sole discretion of the city council. The amount
of reimbursement shall be limited to the actual cost, including engineering and other costs, of
8 such facilities at the time they are constructed. The term of reimbursement agreements shall not
exceed ten years. The payment of any reimbursement shall be limited to the extent that funds
9 are available through the collection of the PLDA fees. If the amount of reimbursement exceeds
the cost of the facility as estimated in the master drainage plan including the adjustments
10 provided for in Section 15.08.040(b), then the city council shall revise the facility fee schedule
accordingly. The developer requesting reimbursement shall pay or receive appropriate fee
credits based upon the revised fee schedule.
12 15.08.090 Advance of funds by city.
The city may advance money from any available source or fund for the construction of
improvements which would otherwise be paid for from fees collected pursuant to this chapter
and reimburse itself from future fees.14
15.08.100 Expiration of chapter.
This chapter shall be of no further force and effect when the city council determines that the
amount of fees which have been collected reaches an amount equal to the cost of the storm
drain improvements.
17
18
19
20
21
22
23
24
25
26
27
28
EXHIBIT 4
1 ORDINANCE NO. CS-005
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AMENDING TITLE 21, CHAPTERS 21.38, 21.203 AND
3 21.205 OF THE MUNICIPAL CODE BY DELETING REFERENCES TO
THE MASTER DRAINAGE PLAN ADOPTED IN 1994 AND THE MODEL
4 EROSION CONTROL ORDINANCE AND ADDING REFERENCES TO
THE PROPOSED CITY OF CARLSBAD DRAINAGE MASTER PLAN AND
5 EXISTING ENGINEERING STANDARDS.
CASE NAME: CARLSBAD DRAINAGE MASTER PLAN
6 CASE NO: ZCA 07-04
7 The City Council of the City of Carlsbad, California, does ordain as follows:
8 SECTION 1: That Section 21.38.141(c) (6) of the Carlsbad Municipal Code is amended
9 to read as follows:
10 6. A site specific technical report shall be required addressing the cumulative
effects of developing each subwatershed and recommending measures to mitigate both
11 increased runoff and sedimentation. It shall be reviewed and prepared according to the City of
Carlsbad Engineering Standards and provisions of the Local Coastal Program, with the
12 additions and changes adopted herein, such that a natural drainage system is generally
preserved for the eastern undeveloped watersheds, but that storm drains are allowed for those
western portions of the watershed which have already been incrementally developed.
14 SECTION 2: That Section 21.203.040 (B.) (1.) of the Carlsbad Municipal Code is
amended to read as follows:
1. Buena Vista Lagoon. Developments located along the first row of lots bordering
Buena Vista Lagoon, including the parcel at the mouth of the lagoon, shall be designated for
17 residential development at a density of up to four dwelling units per acre. Proposed
development in this area shall be required to submit topographic and vegetation mapping and
analysis, as well as soils reports, as part of the development permit application. Such
information shall be provided in addition to any required environmental impact report, and shall
be prepared by qualified professionals and in sufficient detail to locate the boundary of wetland
and upland areas and areas of slopes in excess of twenty-five percent. Topographic maps shall
be submitted at a scale sufficient to determine the appropriate developable areas, generally not
less than a scale of one inch equals one hundred feet with a topographic contour interval of five
feet, and shall include an overlay delineating the location of the proposed project. The lagoon
22 and wetland area shall be delineated and criteria used to identify any wetlands existing on the
site shall be those of Section 30121 of the Coastal Act and based upon the standards of the
local coastal program mapping regulations. Mapping of wetlands and siting of development shall
be done in consultation and subject to the approval of the Department of Fish and Game.
24 Development shall be clustered to preserve open space for habitat protection. Minimum
setbacks of at least one hundred feet from wetlands/lagoon shall be required in all development,
in order to buffer such sensitive habitat area from intrusion. Such buffer areas, as well as other
open space areas required in permitted development to preserve habitat areas, shall be
26 permanently preserved for habitat uses through provision of an open space easement as a
condition of project approval. In the event that a wetland area is bordered by steep slopes (in
27 excess of twenty-five percent) which will act as a natural buffer to the habitat area, a buffer area
of less than one hundred feet in width may be permitted. The density of any permitted
28
EXHIBIT 4
1 development shall be based upon the net developable area of the parcel, excluding any portion
of a parcel which is in wetlands or lagoon. As specified in subsection A of this section, a density
2 credit may be provided for that portion of the parcel which is in steep slopes. Storm drain
alignments as proposed in the City of Carlsbad Drainage Master Plan which would be carried
3 through or empty into Buena Vista Lagoon shall not be permitted, unless such improvements
comply with the requirements of Sections 30230, 30231, 30233 and 30235 of the Coastal Act by
4 maintaining or enhancing the functional capacity of the lagoon in a manner acceptable to the
State Department of Fish and Game. Land divisions shall only be permitted on parcels
5 bordering the lagoon pursuant to a single planned development permit for the entire original
parcel.
6
SECTION 3: That Section 21.203.040 (B.) (3.) (a.) of the Carlsbad Municipal Code is
7
amended to read as follows:
8
a. All development must include mitigation measures for the control of urban runoff
9 flow rates and velocities, urban pollutants, erosion and sedimentation in accordance with: (1)
the requirements of the city's grading ordinance, storm water ordinance, standard urban storm
10 water mitigation plan (SUSMP) dated April 2003, and as amended, and the City of Carlsbad
Drainage Master Plan, as those documents are certified as part of the city's LCP; (2) the city's
jurisdictional urban runoff management program (JURMP) and the San Diego County Hydrology
Manual to the extent that these requirements are not inconsistent with any policies of the LCP;
12 and (3) the additional requirements contained herein. Such mitigation shall become an element
of the project, and shall be installed prior to the initial grading.
SECTION 4: That Section 21.203.040 (B.) (3.) (c.) of the Carlsbad Municipal Code is14
amended to read as follows:
c. Mitigation shall require construction of all improvements shown in the City of16 Carlsbad Drainage Master Plan and any amendments to them for the area between the project
site and the lagoon (including the debris basin), as well as revegetation of graded areas
immediately after grading; and a mechanism for permanent maintenance if the city declines to
accept the responsibility. Construction of drainage improvements may be through formation of
an assessment district, or through any similar arrangement that allocates costs among the
1 _ various landowners in an equitable manner.
2Q SECTION 5: That Section 21.203.040 (B.) (4.) (a.) of the Carlsbad Municipal Code is
amended to read as follows:
22 a- All development must include mitigation measures for the control of urban runoff
flow rates and velocities, urban pollutants, erosion and sedimentation in accordance with: (1)
the requirements of the city's grading ordinance, storm water ordinance, standard urban storm
water mitigation plan (SUSMP) dated April 2003 and as amended, and the City of Carlsbad
24 Drainage Master Plan, as those documents are certified as part of the city's LCP; (2) the city's
jurisdictional urban runoff management program (JURMP) and the San Diego County Hydrology
25 Manual to the extent that these requirements are not inconsistent with any policies of the LCP;
and (3) the additional requirements contained herein. Such mitigation shall become an element
26 of the project and shall be installed prior to the initial grading.
27 "/
28
EXHIBIT 4
1 SECTION 6: That Section 21.203.040 (B.) (4.) (c.) of the Carlsbad Municipal Code is
2 amended to read as follows:
3 c. Mitigation shall also require construction of all improvements shown in the City of
Carlsbad Drainage Master Plan and amendments to it. No subsequent amendments are a part
4 of this zone unless certified by the coastal commission. The general provisions, procedures,
standards, content of plans and implementation contained with them are required conditions of
5 development in addition to the provisions below. Approved development shall include the
following conditions, in addition to the requirements specified above:
6
SECTION 7: That Section 21.203.040 (B.) (4.) (c.) (i.) of the Carlsbad Municipal Code is
7
amended to read as follows:
8
i. All off-site, downstream improvements (including debris basin and any other
9 improvements recommended in the City of Carlsbad Drainage Master Plan) shall be constructed
prior to the issuance of a grading permit on-site. Improvements shall be inspected by city or
10 county staff and certified as adequate and in compliance with the requirements of the drainage
plan and the additional requirements of this zone. If the city or county declines to accept
maintenance responsibility for the improvements, the developer shall maintain the
improvements during construction of the on-site improvements;
1 A*
SECTION 8: That Section 21.203.040 (B.) (4.) (c.) (vi.) of the Carlsbad Municipal Code
is amended to read as follows:14
vi. Storm drainage facilities in developed areas shall be improved and enlarged
according to City of Carlsbad Drainage Master Plan, incorporating the changes specified in this
section. Improvement districts shall be formed for presently undeveloped areas which are
expected to urbanize in the future. The improvement districts shall implement City of Carlsbad
Drainage Master Plan. Upstream areas in the coastal zone shall not be permitted to develop
1' incrementally prior to installation of the storm drain facilities downstream, in order to assure
protection of coastal resources. New drainage facilities, required within the improvement
districts shall be financed either by some form of bond or from fees collected from developers
on a cost-per-acre basis;
20 SECTION 9: That Section 21.205.060 (a.) of the Carlsbad Municipal Code is amended
to read as follows:
22 a- All development must include mitigation measures for the control of urban runoff
flow rates and velocities, urban pollutants, erosion and sedimentation in accordance with: (1)
23 the requirements of the city's grading ordinance, storm water ordinance, standard urban storm
water mitigation plan (SUSMP) dated April 2003 and as amended, and the City of Carlsbad
24 Drainage Master Plan, as those documents are certified as part of the city's LCP; (2) the city's
jurisdictional urban runoff management program (JURMP) and the San Diego County Hydrology
25 Manual to the extent that these requirements are not inconsistent with any policies of the LCP;
and (3) the additional requirements contained herein. Such mitigation shall become an element
of the project and shall be installed prior to the initial grading.
27
28
EXHIBIT 4
1 SECTION 10: That Section 21.205.060 (c.) of the Carlsbad Municipal Code is amended
2 to read as follows:
3 c. Mitigation shall also require construction of all improvements shown in the City of
Carlsbad Drainage Master Plan and amendments to it. No subsequent amendments are a part
4 of this zone unless certified by the coastal commission. The general provisions, procedures,
standards, content of plans and implementation contained in them are required conditions of
5 development in addition to the provisions below. Approved development shall include the
following conditions, in addition to the requirements specified above:
6
SECTION 11: That Section 21.205.060 (c.) (i.) of the Carlsbad Municipal Code is
7
amended to read as follows:
8
i. All off-site, downstream improvements (including debris basin and any other
9 improvements) recommended in the City of Carlsbad Drainage Master Plan shall be constructed
prior to the issuance of a grading permit on-site. Improvements shall be inspected by city staff
10 and certified as adequate and in compliance with the requirements of the drainage plan and the
additional requirements of this zone. If the city declines to accept maintenance responsibility for
11 the improvements, the developer shall maintain the improvements during construction of the on-
site improvements;12
EFFECTIVE DATE: This ordinance shall be effective no sooner than thirty (30) days after
its adoption but not until approved by the California Coastal Commission, and the City Clerk shall14
certify the adoption of this ordinance and cause a summary to be published at least once in a
newspaper of general circulation in the City of Carlsbad within fifteen (15) days after its adoption.16
17 '"
18 "'
19 "I
20 '"
21 *'
22 '"
23 "'
24 "I
25 I"
26 //'
27 "I
28
1 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on
2 the 4th day of November, 2008, and thereafter.
3 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
4 City of Carlsbad on the day of , 2008, by the following vote to wit:
5
6 AYES:
7 NOES:
8 ABSENT:
9 ABSTAIN:
10
11 APPROVED AS TO FORM AND LEGALITY
12
13
RONALD R. BALL, City Attorney
15
16 CLAUDE A LEWIS, Mayor
17
18 ATTEST:
19
20 LORRAINE M. WOOD, City Clerk
21 (SEAL)
22 "
23
24
25
26
27
28
EXHIBIT 5
ZCA 07-04
PROPOSED ZONING ORDINANCE TEXT CHANGES
DRAINAGE MASTER PLAN / PLANNED LOCAL DRAINAGE AREA FEES /
CALAVERA AND AGUA HEDIONDA CREEKS PROJECT
Section 21.38.141 (c) (6) of the Carlsbad Municipal Code is proposed to be amended as
follows:
(6) A site specific technical report shall be required addressing the cumulative
effects of developing each subwatershed and recommending measures to mitigate
both increased runoff and sedimentation. It shall be reviewed and prepared
according to the City of Carlsbad Engineering Standards and provisions of the
Local Coastal Program, Model Erosion Control Ordinance contained in the master
drainage plan, with the additions and changes adopted herein, such that a natural
drainage system is generally preserved for the eastern undeveloped watersheds, but
that storm drains are allowed for those western portions of the watershed which have
already been incrementally developed.
Section 21.203.040 (B.) (1.) of the Carlsbad Municipal Code is proposed to be amended as
follows:
1. Buena Vista Lagoon. Developments located along the first row of lots bordering
Buena Vista Lagoon, including the parcel at the mouth of the lagoon, shall be
designated for residential development at a density of up to four dwelling units per
acre. Proposed development in this area shall be required to submit topographic and
vegetation mapping and analysis, as well as soils reports, as part of the development
permit application. Such information shall be provided in addition to any required
environmental impact report, and shall be prepared by qualified professionals and in
sufficient detail to locate the boundary of wetland and upland areas and areas of
slopes in excess of twenty-five percent. Topographic maps shall be submitted at a
scale sufficient to determine the appropriate developable areas, generally not less
than a scale of one inch equals one hundred feet with a topographic contour interval
of five feet, and shall include an overlay delineating the location of the proposed
project. The lagoon and wetland area shall be delineated and criteria used to identify
any wetlands existing on the site shall be those of Section 30121 of the Coastal Act
and based upon the standards of the local coastal program mapping regulations.
Mapping of wetlands and siting of development shall be done in consultation and
subject to the approval of the Department of Fish and Game. Development shall be
clustered to preserve open space for habitat protection. Minimum setbacks of at least
one hundred feet from wetlands/lagoon shall be required in all development, in order
to buffer such sensitive habitat area from intrusion. Such buffer areas, as well as
other open space areas required in permitted development to preserve habitat areas,
EXHIBIT 5
shall be permanently preserved for habitat uses through provision of an open space
easement as a condition of project approval. In the event that a wetland area is
bordered by steep slopes (in excess of twenty-five percent) which will act as a natural
buffer to the habitat area, a buffer area of less than one hundred feet in width may be
permitted. The density of any permitted development shall be based upon the net
developable area of the parcel, excluding any portion of a parcel which is in wetlands
or lagoon. As specified in subsection A of this section, a density credit may be
provided for that portion of the parcel which is in steep slopes. Storm drain
alignments as proposed in the City of Carlsbad Drainage Master Plan, dated July
2008 Carlsbad master drainage plan which would be carried through or empty into
Buena Vista Lagoon shall not be permitted, unless such improvements comply with
the requirements of Sections 30230, 30231, 30233 and 30235 of the Coastal Act by
maintaining or enhancing the functional capacity of the lagoon in a manner
acceptable to the State Department of Fish and Game. Land divisions shall only be
permitted on parcels bordering the lagoon pursuant to a single planned development
permit for the entire original parcel.
Section 21.203.040 (B.) (3.) (a.) of the Carlsbad Municipal Code is proposed to be amended
as follows:
a. All development must include mitigation measures for the control of urban runoff
flow rates and velocities, urban pollutants, erosion and sedimentation in accordance
with: (1) the requirements of the city's grading ordinance, storm water ordinance,
standard urban storm water mitigation plan (SUSMP) dated April 2003, and as
amended, and the City of Carlsbad Drainage Master Plan, dated July 2008
master drainage plan dated 1994, as those documents are certified as part of the
city's LCP; (2) the city's jurisdictional urban runoff management program (JURMP)
and the San Diego County Hydrology Manual to the extent that these requirements
are not inconsistent with any policies of the LCP; and (3) the additional requirements
contained herein. Such mitigation shall become an element of the project, and shall
be installed prior to the initial grading.
Section 21.203.040 (B.) (3.) (c.) of the Carlsbad Municipal Code is proposed to be amended
as follows:
c. Mitigation shall require construction of all improvements shown in the City of
Carlsbad Drainage Master Plan, dated July 2008 master drainage plan and any
amendments to them for the area between the project site and the lagoon (including
the debris basin), as well as revegetation of graded areas immediately after grading;
and a mechanism for permanent maintenance if the city declines to accept the
responsibility. Construction of drainage improvements may be through formation of an
assessment district, or through any similar arrangement that allocates costs among the
various landowners in an equitable manner.
EXHIBIT 5
Section 21.203.040 (B.) (4.) (a.) of the Carlsbad Municipal Code is proposed to be amended
as follows:
a. All development must include mitigation measures for the control of urban runoff
flow rates and velocities, urban pollutants, erosion and sedimentation in accordance
with: (1) the requirements of the city's grading ordinance, storm water ordinance,
standard urban storm water mitigation plan (SUSMP) dated April 2003 and as
amended, and the City City of Carlsbad Drainage Master Plan, dated July 2008,
master drainage plan datod 100*1, as those documents are certified as part of the
city's LCP; (2) the city's jurisdictional urban runoff management program (JURMP)
and the San Diego County Hydrology Manual to the extent that these requirements
are not inconsistent with any policies of the LCP; and (3) the additional requirements
contained herein. Such mitigation shall become an element of the project and shall
be installed prior to the initial grading.
Section 21.203.040 (B.) (4.) (c.) of the Carlsbad Municipal Code is proposed to be amended
as follows:
c. Mitigation shall also require construction of all improvements shown in the City of
Carlsbad Drainage Master Plan, dated July 2008 master drainage plan and
amendments to it. No subsequent amendments are a part of this zone unless
certified by the coastal commission. The general provisions, procedures, standards,
content of plans and implementation contained with them are required conditions of
development in addition to the provisions below. Approved development shall include
the following conditions, in addition to the requirements specified above:
Section 21.203.040 (B.) (4.) (c.) (i.) of the Carlsbad Municipal Code is proposed to be
amended as follows:
i. All off-site, downstream improvements (including debris basin and any other
improvements recommended in the City of Carlsbad Drainage Master Plan, dated
July 2008 drainage plan) shall be constructed prior to the issuance of a grading
permit on-site. Improvements shall be inspected by city or county staff and certified
as adequate and in compliance with the requirements of the drainage plan and the
additional requirements of this zone. If the city or county declines to accept
maintenance responsibility for the improvements, the developer shall maintain the
improvements during construction of the on-site improvements;
EXHIBIT 5
Section 21.203.040 (B.) (4.) (c.) (vi.) of the Carlsbad Municipal Code is proposed to be
amended as follows:
vi. Storm drainage facilities in developed areas shall be improved and enlarged
according to City of Carlsbad Drainage Master Plan, dated July 2008, the
Carlsbad master drainage plan, incorporating the changes specified in this section.
Improvement districts shall be formed for presently undeveloped areas which are
expected to urbanize in the future. The improvement districts shall implement City of
Carlsbad Drainage Master Plan, dated July 2008. tho master drainage plan.
Upstream areas in the coastal zone shall not be permitted to develop incrementally
prior to installation of the storm drain facilities downstream, in order to assure
protection of coastal resources. New drainage facilities, required within the
improvement districts shall be financed either by some form of bond or from fees
collected from developers on a cost-per-acre basis;
Section 21.205.060 (a.) of the Carlsbad Municipal Code is proposed to be amended as
follows:
a. All development must include mitigation measures for the control of urban runoff
flow rates and velocities, urban pollutants, erosion and sedimentation in accordance
with: (1) the requirements of the city's grading ordinance, storm water ordinance,
standard urban storm water mitigation plan (SUSMP) dated April 2003 and as
amended, and the City of Carlsbad Drainage Master Plan, dated July 2008,
master drainage plan dated 1994, as those documents are certified as part of the
city's LCP; (2) the city's jurisdictional urban runoff management program (JURMP)
and the San Diego County Hydrology Manual to the extent that these requirements
are not inconsistent with any policies of the LCP; and (3) the additional requirements
contained herein. Such mitigation shall become an element of the project and shall
be installed prior to the initial grading.
Section 21.205.060 (c.) of the Carlsbad Municipal Code is proposed to be amended as
follows:
c. Mitigation shall also require construction of all improvements shown in the City of
Carlsbad Drainage Master Plan, dated July 2008 master drainage plan and
amendments to it. No subsequent amendments are a part of this zone unless
certified by the coastal commission. The general provisions, procedures, standards,
content of plans and implementation contained in them are required conditions of
development in addition to the provisions below. Approved development shall include
the following conditions, in addition to the requirements specified above:
EXHIBIT 5
Section 21.205.060 (c.) (i.) of the Carlsbad Municipal Code is proposed to be amended as
follows:
i. All off-site, downstream improvements (including debris basin and any other
improvements^ recommended in the City of Carlsbad Drainage Master Plan, dated
July 2008 drainage plan) shall be constructed prior to the issuance of a grading permit
on-site. Improvements shall be inspected by city staff and certified as adequate and in
compliance with the requirements of the drainage plan and the additional requirements
of this zone. If the city declines to accept maintenance responsibility for the
improvements, the developer shall maintain the improvements during construction of
the on-site improvements;
EXHIBIT 6
1
RESOLUTION NO. 2008-230
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD
3 APPROVING THE 2008 CARLSBAD DRAINAGE MASTER PLAN AND
APPROVING A CHANGE TO THE CITY'S PLANNED LOCAL
4 DRAINAGE AREA FEE.
CASE NAME: CARLSBAD DRAINAGE MASTER PLAN
5 CASE NO: CIP PROJECT NO. 3872
6 The City Council of the City of Carlsbad, California, does hereby resolve as follows:
7 WHEREAS, on April 8, 2005, the City Council of the City of Carlsbad, California,
determined it necessary and in the public interest to enter into an agreement with Brown and
Caldwell to update the Carlsbad Drainage Master Plan, Project No. 3872; and
WHEREAS, Brown and Caldwell completed the update to the Carlsbad Drainage Master
Plan in accordance with the tasks outlined in its Professional Services Agreement; and11
WHEREAS, the Carlsbad Drainage Master Plan dated July 2008, incorporated herein by
12
reference, represents a comprehensive program for the phased and orderly development of
improvements to accommodate the future drainage service needs of the City; and
14 WHEREAS, the Carlsbad Drainage Master Plan dated July 2008 identifies projects to
construct new drainage facilities, and modify or expand existing drainage facilities, collectively
16 referred to as "Planned Local Drainage Area (PLDA) facilities", that are needed to accommodate
17 the demand from future development in the City; and
18 WHEREAS, the Carlsbad Drainage Master Plan dated July 2008 recommends a revision
19 to the City's Planned Local Drainage Area (PLDA) fee program and explains the nexus between
the imposition of the PLDA fee and the estimated reasonable cost of constructing the PLDA
facilities for which the fee is charged; and
WHEREAS, the Carlsbad Drainage Master Plan dated July 2008 includes an estimate of
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the cost to construct the PLDA facilities and a fee calculation methodology to effectively and fairly
23 apportion the PLDA fees in relation to future development's demand on the identified PLDA
facilities; and
WHEREAS, an updated PLDA fee program is for the financing of the identified PLDA
26 facilities is set forth in the Carlsbad Drainage Master Plan dated July 2008; and
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EXHIBIT 6
1 WHEREAS, the PLDA fees as set forth in the Carlsbad Drainage Master Plan dated July
2 2008 do not exceed the reasonable costs of constructing the facilities and the fees are not levied
3 for general revenue purposes; and
4 WHEREAS, the City of Carlsbad has established and will continue to maintain a fund or
5 funds necessary to collect the fees so imposed and to maintain said fund or funds and the
6 interest collected therein and to authorize expenditures for only those projects, bond payments, or
7 other construction activities set forth in the Carlsbad Drainage Master Plan dated July 2008.
8 The fee deposited in the fund or funds shall not be commingled with any other funds or revenue
9 of the City. The City has made and will continue to make a report, at least annually, and within
10 sixty (60) days of the close of the fiscal year determining the beginning and ending balances for
11 the fiscal year and the fees, interest, and other income and the amount of expenditure on each
12 public facility. The City Finance Director has made and will continue to make this information
available to the public and report to the City Council not less than fifteen (15) days after making
said information available to the public. The Finance Director shall monitor these funds so that, if
required, the City Council may make written findings that all or a portion of the fee remaining
unexpended or uncommitted in the fund for five (5) or more years are still necessary for the
17 purpose to which the fees is to be expended and demonstrate a reasonable relationship between
1 O1 ° that fee and the cost of the improvements; and
WHEREAS, the proposed PLDA fee program includes an administrative variance
procedure to allow waivers of payment of the full PLDA fee in certain instances which are more
specifically described in the Carlsbad Drainage Master Plan dated July 2008; and
22 WHEREAS, the PLDA fee program includes provision for a developer, who constructs all
23 or a portion of one or more of the identified PLDA facilities, to receive credit against the payment
24 of their respective PLDA fee and/or to receive reimbursement for costs deemed eligible for
25 reimbursement pursuant to the credit and reimbursement program described in the Carlsbad
26 Drainage Master Plan dated July 2008; and
27 ///
28
EXHIBIT 6
1 WHEREAS, after consideration of comments presented during the public review process,
2 Section 6.3 - Comprehensive Watershed Management Planning shall be incorporated in the
3 Carlsbad Drainage Master Plan dated July 2008; and
4 WHEREAS, Section 5.8 - Fee Adjustments within the Carlsbad Drainage Master Plan
5 dated July 2008 shall be amended to include an additional administrative variance procedure as
6 follows: "Projects located on sites which have been previously developed with a permanent
7 commercial, industrial or residential structure and which do not increase the impervious surface
8 area of the respective property by fifty-percent or more and which do not contribute to any
9 increase in the 100-year runoff value to any required planned local drainage area improvement
10 located downstream of the proposed project. The fifty percent criteria shall be measured
11 cumulatively for multiple discreet project applications covering the same property where such
12 applications are filed within two years of one another"; and
13 WHEREAS, the time and place of this meeting was noticed in accordance with
1^ Government Code Sections 66016, and a copy of the Carlsbad Drainage Master Plan dated July
15 2008 was made available to the public at least 14 days prior to this public hearing; and
16 WHEREAS, Notice of this hearing was included in two publications with at least five days
*' intervening between the dates of first and last publication; and
18 WHEREAS, the City Council did on the 4th day of November, 2008 hold a duly noticed
19 hearing as prescribed by law to consider the proposed Carlsbad Drainage Master Plan dated July
70 2008 and the proposed change in the Planned Local Drainage Area Fee; and
21 WHEREAS, at said public hearing, upon hearing and considering all testimony and
22 arguments, if any, of all persons desiring to be heard, the City Council considered all factors
23 relating to the Carlsbad Drainage Master Plan dated July 2008 and the proposed change in the
24 City's Planned Local Drainage Area Fee.
25 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as
26 , ..follows:
27 1. That the above recitations are true and correct.
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EXHIBIT 6
2. The City Council has heard and considered all oral and written presentations
offered by the public on the proposed Planned Local Drainage Area Fee update.
3. The City Council finds the Carlsbad Drainage Master Plan dated July 2008
adequately describes the nexus between the imposition of the proposed updated PLDA fee and
the estimated reasonable cost of constructing the PLDA facilities for which the fee is charged.
4. The Carlsbad Drainage Master Plan dated July 2008 is hereby approved.
5. That the City Council approves the inclusion of Section 6.3 - Comprehensive
Watershed Management Planning in the Carlsbad Drainage Master Plan dated July 2008.
6. That the City Council amends Section 5.8 - Fee Adjustments to include an
additional administrative variance procedure as stated above.
7. The proposed fee does not include any cost attributable to existing deficiencies in
any existing facility.
8. The list of PLDA facilities as described in the Carlsbad Drainage Master Plan
dated July 2008 is hereby approved and shall be funded through the collection of the proposed
updated PLDA fee.
9. The City Council finds that the fee calculation methodology described in the
Carlsbad Drainage Master Plan dated July 2008 effectively and fairly apportions the proposed
updated PLDA fees in relation to future development's demand on the identified PLDA facilities.
10. That the City Council hereby approves the update to the Planned Local Drainage
Area Fee structure as follows:
Runoff
Coefficient
Low
Medium
High
PLDA Basin A
$5,270
$10,480
$22,837
PLDA Basin B
$1,970
$3,797
$8,535
PLDA Basin C
$1,912
$2,705
$8,287
PLDA Basin D
$1,813
$2,966
$7,857
($/developable acre)
EXHIBIT 6
1 11. That the Planned Local Drainage Area Fee change hereby approved shall be
2 effective sixty (60) days after the adoption of this resolution.
3 ///
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 4th day of November, 2008, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
,LAUDE A LEWIS, Mayor
ATTEST:
Y\**U""*/T/^s*4a&^>-r1 .••'... = ^'••5^C5/"cJ^-Vvr.
EXHIBIT 7
PROPOSED NEW CHAPTER 6.3 TO BE ADDED TO CITY OF CARLSBAD
DRAINAGE MASTER PLAN
6.3 Comprehensive Watershed Management Planning
Comprehensive watershed management planning is critical for ensuring the protection,
restoration, and enhancement of the quality and beneficial uses of water, habitats, and other
natural resources within a watershed. The Carlsbad drainage basins are part of group of basins
that together form the Carlsbad Hydrologic Unit (CHU).
The Carlsbad Hydrologic Unit covers 210 square miles including portions of Oceanside, Vista,
San Marcos, Escondido, Encinitas, Solana Beach, Carlsbad and unincorporated San Diego
County. The CHU includes seven adjacent coastal watersheds that drain to the Pacific Ocean
including the Loma Alta Creek, Buena Vista Creek, Agua Hedionda Creek, Canyon del
Encinas Creek, San Marcos Creek, Cottonwood Creek and Escondido Creek.
The CHU contains four major coastal lagoons: Buena Vista, Agua Hedionda, Batiquitos and
San Elijo, as well as, the Loma Alta Slough. The CHU also includes three lakes, two storage
reservoirs, urban and natural drainage, native habitats, open space, beaches, recreational
activities, agriculture, aqua farms, power and desalination plants.
In 1998, the Carlsbad Watershed Network (CWN) was formed to support and develop
coordinated efforts for the protection and improvement of the CHU. The membership of the
CWN includes representatives from the various local city jurisdictions, the county, lagoon
foundations, resource agencies, environmental and citizen groups, other interested non-profit
groups, educational and research institutions.
In 1999, The State Water Resource Control Board awarded a Clean Water Act Section 205(j)
grant to the Carlsbad Watershed Network to develop a management plan for the coastal
watersheds of the Carlsbad Hydrologic Unit. The plan, referred to as the Carlsbad Watershed
Management Plan (CWMP), was completed and released to the public in February 2002. (See
projectcleanwater.org for more information)
The vision statement for the Carlsbad Watershed Management Plan is as follows:
"Protect, restore, and enhance the quality and beneficial uses of water, habitats,
and other natural resources of the watersheds of the Carlsbad Hydrologic Unit
and the adjacent coastal shoreline."
The following goals were established by the CWN in support of the Carlsbad Watershed
Management Plan vision statement:
Goal 1: Protect, restore and expand the undeveloped open space that will provide self
sustaining hydrologic and habitat connections.
• Purchase or transfer into public ownership as many of these resources as possible,
including functional buffers needed for protection.
EXHIBIT?
Goal 2: Protect public health by preventing and minimizing health risks to users (human &
wildlife) of local water resources.
• Establish a monitoring program to assure continued protection,
• Develop a method of ranking severity of problems.
• Determine a process for making the data publicly accessible through an Internet
database,
• Recognize that public health includes flood protection.
Goal 3: Protect, restore and enhance beneficial water uses and environmental health.
• Strive for balance between human uses, planned development and resource
protection.
Goal 4: Facilitate coordinated efforts among cities, regulatory agencies and environmental
organizations to implement watershed management policies and physical
improvements at the most functional locations in the most effective manner, without
restrictions to political boundaries.
Goal 5: Educate to increase the public's knowledge, understanding and appreciation of local
watersheds and associated water resources.
• Develop an educational program to explain the importance of open space in
protecting areas and provide public access to these areas.
• Develop individual and organizational stewardship and financial responsibility
through programs, training and restoration activities.
• Establish monitoring protocols and training for citizen monitoring.
In 2007, the City of Vista working in cooperation with the CWN secured a grant from the State
Water Resources Control Board for preparation of a watershed management plan for the Agua
Hedionda Watershed referred to as the Agua Hedionda Watershed Management Plan
(AHWMP). The purpose of the AHWMP is to provide a comprehensive plan to restore
watershed functions and minimize future degradation of the Agua Hedionda Watershed.
The AHWMP differs from the CWMP in that the AHWMP evaluated and assessed specific
existing and proposed watershed conditions and characteristics of the Agua Hedionda
Watershed and recommended specific watershed management opportunities and
implementation actions to meet the CWMP goals. The Agua Hedionda Watershed Management
Plan (AHWMP) was completed in August 2008.
The City of Carlsbad will continue to collaborate with the CWN on the implementation of the
Carlsbad Watershed Management Plan, the Agua Hedionda Watershed Management Plan and
any other future sub-watershed plans addressing the Carlsbad Hydrologic Unit. The City will
endeavor to incorporate the various watershed planning goal elements, watershed management
opportunities and action items into the planning, design, construction and maintenance of its
future drainage facility projects. The City will also endeavor to incorporate applicable
watershed planning goal elements and action items into the City Standard Urban Storm Water
Management Plan (SUSMP) and other elements of the Carlsbad Storm Water Standards
Manual. Incorporating the various elements and items as noted may first require amendment of
the Drainage Master Plan and Local Coastal Program and environmental review that is in
addition to the EIR prepared for this Drainage Master Plan.
RONALD R. BALL
CITY ATTORNEY
JANE MOBALDI
ASSISTANT CITY ATTORNEY
October 24,2008
L. Sue Loftin, Esq.
Suite 110
5760 Fleet St
Carlsbad CA 92008
CITY OF CARLSBAD
1200 CARLSBAD VILLAGE DRIVE
CARLSBAD, CALIFORNIA 92008-1949
(760) 434-2891
FAX: (760) 434-8367
DKEVIP
CITY OF CARbSBAQ CITY ATT
CITY CLERK'S OFFICE
JRNEY
NSON
DEPUTY CITY ATTORNEY
Re: July 3,2008 Draft City of Carlsbad Drainage Master Plan and Proposed Development Impact
Fees for the Planned Local Drainage Areas
Dear Attorney Loftin:
Thank you for your letter of October 23, 2008 setting forth your client's request for answers to the
questions and issues it has previously submitted to the City Council, the City Manager's office and my
office regarding this matter. I am sending a copy of your letter to the Public Works Director and his
staff so he will be prepared to answer the five questions that you have asked if so requested by a
member of the City Council at the public hearing.
As you will recall at our meeting of Friday, October 17, 2008,1 requested you to submit any additional
materials you intended to present to the Council at the public hearing so that they could be timely
presented with the staff report. Since your letter did not contain any additional documents I assume
there will be none in addition to those contained in the record. Please let me know immediately if that
assumption is incorrect.
Following our meeting of Friday, October 17, 2008,1 received your email message and I called and
left a message with your office on Monday, October 20, 2008 in order to discuss it. That email stated
my position incorrectly in that I believe it would not be constitutionally permissible on this state of the
record to impose development fees upon new development in Planned Local Drainage Area B to pay
for the remedial and historical improvements and relocation costs requested by your client. As I
understand your client's position, it argues that there is and has been a historical health and safety
problem which currently exists and is not created by the impacts of new development. Under that
situation, new development fees and exactions cannot be the "funding mechanism" to correct an
existing situation. This concept is explained on the first page of the proposed Drainage Master Plan
when it states:
"This DMP Update differs from the.... (previous plan)....in that projects that are
deemed essential for proper function of the City's infrastructure, but cannot be
funded with PLDA fees are also described. These projects include rehabilitation of
previously PLDA-funded improvements, Capital Improvement Projects ("CIP")
that are necessary to meet the City's Growth Management Performance Standards,
and operations and maintenance activities subject to environmental review.
Inclusion of these "non-PLDA" projects' in this DMP Update is to facilitate a
streamlined environmental review and clearance process as this DMP Update will
serve as a foundation for the Programmatic Environmental Impact Report."
26®
That is to say, development fees and exactions are the principle method recommended by this report by
which the facilities outlined in the Design Master Plan are funded; they are not the exclusive manner.
Other funding mechanisms may be necessary. These are outlined in Chapter 5 of the proposed
Drainage Master Plan and include:
> Assessment District Bond Proceeds
> State and Federal Loans and Grants
> Transportation-Related Funding
> Special Benefit District Proceeds
> Development Exactions
> Impact Fees
> General Fund Contributions
Therefore, the proposed Drainage Master Plan is more than a narrow nexus study to support
development fees; rather it is a plan for the future that may require many different funding sources and
which serves as the basis for a program environmental impact report so that future individual
environmental reviews on proposed facilities will be unnecessary. That is why the facilities listed for
Planned Local Drainage Area B are included but not all of which may be paid for by Development
Impact Fees. As clearly set forth in the report, planned development exactions and impact fees are the
most common method used to fund improvements required as a result of development.
In your letter, you asked what if (Bentley-Monarch) is not the first to build and the first builder has no
condition to buy or relocate and construct the amenities? As you know, under our approach to
development in Carlsbad, if another developer requires access to its proposed development by means
of the proposed future College Blvd, it will be made a condition of its development. Bentley-
Monarch's existing condition so requires and your clients need not worry that this condition will be
satisfied when such development occurs.
Finally, I have advised the Mayor to re-open the public hearing only for the limited purpose of
addressing new information that has been submitted since the September 9, 2008 hearing and not to
open the public hearing for testimony and arguments that have already been entered into the public
record. There have been some changes in the recommended ordinance as a result of the prior
testimony and I would expect testimony to be confined to those proposed changes.
Please let me know if you have questions regarding the above.
Ve*y-truly yours,
RONALD R. BALL
City Attorney
rn
c: Mayor and City Council (w/enclosures)
City Clerk
Lisa Hildabrand, City Manager
Glenn Pruim, Public Works Director
Jane Mobaldi, Assistant City Attorney
Dave Hauser, Deputy City Engineer
Ron Kemp, Deputy City Attorney
Steve Jantz, Associate Engineer
The L o f t in F 1 r m
Carlsbad Location II Tennessee Location
576O Fleet Street, Ste. 11O I I mmm^ 407Main Street, Ste. 205
Carlsbad, California 92OO8 II Franklin, Tennessee 37064
Tel: 760,431.2111 I I Tel: 615.567.6722
Fax: 760.431.2003 I I Fax: 615.567.6723
Respond to Carlsbad, CA Location • •••••••
www.loftinfirm.com Client/Matter Number:RCOA-Lot4
sloftin@loftinfirm.com
Attorneys at Law
Via US Mail
October 23,2008 ^
Ron Ball, City Attorney OCJ2008
City of Carlsbad City «**,„•,, wre
1200 Carlsbad Village Drive City of Carlsbad
Carlsbad, California 92006-8367
Re: Rancho Carlsbad Owners Association, Inc. ("Association")
Master Drainage Plan and related Fees
Request for Answers to Issues Raised at the August 5,2008 Hearing
Dear Attorney Ball:
My clients are considering what action to take at the next scheduled hearing regarding the
Drainage Master Plan, and related fees. The issue, however, is that in the Association's twenty
(20) minute presentation at the August 5, 2008 Council Hearing on the matter, a number of
issues and questions were raised by the Association. The hearing was continued to September 9,
2008 for the purpose of addressing not only the issues raised by the Association but also the
issues raised by Westfield Shopping Center, the BIA and the Carlsbad Chamber of Commerce.
The staff report for the September 9, 2008 hearing addressed the issues of parties who
objected to the passage of the Drainage Master Plan, and related fees but was totally silent as to
the Association issues. On September 9, 2008 at 11:46 a.m. the Association received an email
from (as I did somewhat later from) David Hauser which provided three (3) additional staff
reports that would be presented to the council on September 9, 2008. The summary of those
documents was that none of the issues and concerns raised by the Association had been nor
would the issues and concerns be, addressed by the staff reports and gave three alternatives for
the hearing to be held early evening of September 9, 2008. One of the alternatives was to
continue the hearing. Consequently, none of the issues and concerns of the Association were
addressed at the September 9, 2008 hearing. The September 9, 2008 hearing was continued to a
date uncertain to provide time for the staff to meet with and work out a resolution of the
Associations issues and concerns.
M:\RanchoCarlsbad\Drain-Basin-Flood\LtrRonBall 10-22-08 (2).doc
THE LOFTIN FIRM
Ron Ball, Esq.
October 23,2008
Page 2 of3
Having not heard anything from the Council or staff by September 23, 2008, the
President of the Association, Barbara Bevis wrote to the Mayor and Council regarding a meeting.
Thereafter, Assistant City Attorney Jane Mobaldi sent a non-responsive letter at the instruction
of the Mayor.
On October 17, 2008 the President of the Association, Barbara Bevis and I met with you
to discuss the Association issues and concerns. It was at this meeting we were informed that the
hearing would be held on November 4, 2008 (Presidential Election Night), which we strongly
object to the date as stated in our meeting.
Therefore, my clients are respectfully requesting that the City respond, in writing, to the
issues and concerns raised at the hearings of August 5, 2008 and September 9, 2008, and in the
correspondence addressed to Council and/or your office and/or the City Manager's office
specifically, but without limitation:
1. What did the City mean in the December, 2001 correspondence and the January
2002 Errata when it stated that it would provide a financing mechanism for the
purchase of a portion of Lot 4 of the Association's property, for the relocation of
the amenities located on Lot 4 and for the acquisition of the relocation site, and
related construction thereon?
2. What specifically is the "financing mechanism" which the City believes it has
provided and how does that "financing mechanism" address the issues and
concerns raised by the Association?
3. What is the reason(s) the City rejected the Chang September 2005 report in favor
of and in contradiction to the Chang October 2005 report?
4. What is the reason(s) the City is relying on the October 2005 when the report has
never been the subject of a public hearing relating to the BJ Basin?
5. What is the reason the City has never considered the Cannon report submitted by
the Association in rebuttal of the Chang October 2005 report but which is
consistent with the Chang September 2005 report?
The above general questions reflect and incorporate the numerous issues and concerns
raised by the Association. For example, the question regarding "financing mechanisms" includes
issues such as: [Wjhat happens if Bentley is not the first to build and the first builder has no
condition to buy land and to relocate and reconstruct the amenities of the Association? [W]hat
happens if there is no financing mechanism by which Bentley can get reimbursed as stated in the
conditions of approval?
M:\Rancho Carlsbad\Drain-Basin-Flood\Ltr Ron Ball 10-22-08 (2).doc:
THE LOFTIN FIRM
Ron Ball, Esq.
October 23, 2008
Page 3 of3
Barbara and I both appreciate your meeting with us on Friday, but the Association still
needs the answers to the questions related to the Association's issues and concerns which have
been expressed over the last year, plus and reiterated in detail at the August 5, 2008 hearing.
Your immediate attention to these questions will be greatly appreciated.
Sincerely,
THE LOFTIN F
L. Sue Loftin, Esq.
LSL/ks
cc: Client
Matthew Herron, Esq.
City Clerk
City Manager
David Hauser, Planning Dept.
Ends. None
M:\Rancho Carlsbad\Drain-Basin-Flood\Ltr Ron Ball 10-22-08 (2).doc:
F]tO/20/2008) Ron Ball - RCOA - Lot 4: Meeting on October 17, 2008 re DMP and relat~t fees Page 1
From: "Sue Loftin" <SLoftin@loftinfirm.com>
To: "Ron Ball" <Rball@ci.carlsbad.ca.us>
CC: <BSBEVIS@aol.com>, <bara52@roadrunner.com>, <RMKOHL@aol.com>, <jnwaltrip.
Date: 10/19/2008 4:34 PM
Subject: RCOA-Lot 4: Meeting on October 17, 2008 re DMP and related fees
Ron,
The issues surrounding the flood issues within Rancho Carlsbad and the
severance of and basin in Lot 4 [or Lot D depending upon the map you
look at] are quite complex, involve a lot of different parties but
directly impact all of the residents at Rancho Carlsbad. Therefore, I
want to be careful in relating the frank and helpful information we
discussed on Friday, October 17, 2008. The following is a VERY brief
synopsis of the topics with positions we discussed. If I have not
related your position correctly or if you think another issue needs to
be added, please let me know at your earliest convenience.
(a) Your position with regard to adding the cost for relocation
and purchase of RC land onto the DMP fees is that it is constitutional
to charge the new developers for an improvement that has been needed for
years. My counter position was that the BJ Basin is similar to a lot of
other needed improvements, e.g. streets and related, existing traffic
problems, in that the construction has been tied to development and fees
attached to development, but there has been no development for all of
these years.
(b) Your position is that the condition attached to
the Bentley project to relocate and replace the RC improvements, and pay
for the land is enforceable in that Bentley has waived any right to
object to that condition by not having taken timely action. Your
further position is that the arrangements between Bentley and RCOA are
just that - to be worked out between the private parties and my
inference then is that this issue does not involve the City. I
explained that RCOA's interest is not to protect Bentley, but to make
sure the City lived up to its obligation to provide a financing
mechanism whereby RCOA would not be financially injured by the BJ Basin,
or the lack thereof. The only two financing mechanisms that seemed to
be available were the Bridge and Thorough Fare District or the DMP. The
location of college will not sever RC Lot 4, but as designed now and
particularly with the school district's proposal Lot 4 will have no
ingress or egress. But, as part of the conversion process, the RC
Partners dedicated the land for college boulevard without receiving any
contributions when the bridge and thoroughfare district was subsequently
established.
(c) We discussed the Zone 15 financing plan, but did
not come to any conclusions on this document as a place to include the
41
(J 0/20/2008) Ron Ball - RCOA - Lot 4: Meeting on October 17, 2008 re DMP and relate fees PagelF
BJ fees and costs related to the real property. This is a document that
must be agreed to by all developers.
(d) We discussed other options for financing the BJ
Basin and related relocation and land purchase costs. The only other
option that seemed viable, but which would include a payment for the RC
residents, is an assessment district. I will follow up with you on this
issue.
(e) You offered on behalf of the City to refund the
$318,000 plus interests and the money expended as part of the
McMillan/City/RCOA contract if RCOA would take back the responsibility
for the maintenance of the creeks. This is something obviously the
Board needs to discuss and review with their Management Company and its
representative, Rick Gibson.
(f) I need to finalize review of all the documents and
send the additional documents the Board would like the City to
consider..
Due to time constraints, please provide comments to the above as soon as
possible.
L. Sue Loftin, Esq.
THE LOFTIN FIRM
5760 Fleet Street, Ste. 110
Carlsbad, CA 92008
Tel: 760-431-2111
Fax:760-431-2003
NOTICE: This e-mail message is the property of the offices of THE LOFTIN
FIRM. The contents of this message and any attachments are confidential
and protected by law under the attorney-client privilege,
attorney-work-product doctrine and/or other applicable privileges. If
you are not the intended recipient of this message, please forward a
copy to sloftin@loftinfirm.com and delete the message and attachments
from your computer. Thank you.
F j r m
Carlsbad Location * Tennessee Location
5760 Fleet Street, Ste. 110 If > •••• 407 Main Street, Ste. 205
Carlsbad, California 92008 li ' Franklin, Tennessee 37064
Tel: 760.431.2111 li 1 TH: 625.567.6722
Fax-760.432.2003 || I Fax: 625.567.6723
Respond to Carlsbad, CA Location
www.loftinfirm.com Client/Matter Number:RCOA-Lot 4.010
sloftin@loftinfirm.com
Attorneys at Law, LLP
Via Hand Delivered
October 28, 2008
Ronald Ball, City Attorney
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008-1949
Re: July 3, 2008 Draft City of Carlsbad Drainage Master Plan ("DMP") and Proposed
Development Impact Fees ("Fees") for the Planned Local Drainage Areas
Dear Mr. Ball:
Thank you for you correspondence of October 23, 2008. The purpose of this
correspondence is to provide per your request additional documents that our client, Rancho
Carlsbad Owners Association, Inc. ("Association") would like the City Council to consider in
their deliberations of the above referenced matter.
As a note of concern, however, this matter has been continued twice, August 5, 2008 and
September 9, 2008 for further consideration of, in part, the requests made by the Association for
consideration and the only meeting held, Friday, October 17, 2008 (the "Meeting") to discuss
these issues has been between you representing the City and Barbara Bevis, President of the
Association and myself representing the Association. Based upon the reports filed with the
council by various staff members on the day of the last hearing, September 9, 2008, the
Association is concerned that staff has not had time to study these complicated issues and the
"rush" to council is a political decision. Your correspondence stated that no one could answer
the questions posed by the Association in prior correspondence or at the August 5, 2008 hearing,
unless directed to do so by council. With all due deference, the council did direct staff to review
all of the matters brought before the council in opposition to the approval of the DMP and Fees
on August 5, 2008. Staff did address all of those matters, except the matters put forward by the
Association. The memo prepared by Lisa Hildebrand for the September 9, 2008 Continuation
Hearing on the DMP stated that the Association matters were too complicated to address in the
timeframe between August 5, 2008 and September 9, 2008 - hence, the second continuance.
M:\Rancho Carlsbad\Drain-Basin-Flood\Ltr Ron Ball 10-28-8.doc
THE LOFTIN FIRM
Ron Ball, City Attorney
October 28, 2008
Page 2 of 6
At the "Meeting", one legal objection to the requests of the Association to include the
costs for the Association land acquisition and relocation of the amenities located on the
Association land (collectively, "BJ Basin Costs") was that it would be unconstitutional to
require the developers in Basin B to pay for these costs because this was a pre-existing condition
of the property. The history of BJ Basin has been traced back to the 1980's as an inclusion in the
DMP, and as amended from time to time. The fact that the BJ Basin has been included as a
required public improvement over the years means that the developers have been on notice all
these years that it would have to be constructed and related B J Basin Costs paid. If the logic is
followed that all identified projects in the DMP, as amended from time to time, are pre-existing
conditions, then no fees can be charged to the Basin B developers. Without getting into a
detailed legal analysis, this logic is flawed and we respectfully disagree with this legal and
factual conclusion. Lastly, we re-incorporate our prior position that the designation of land for
BJ Basin is a taking in that the property has been encumbered for a future public improvement
all these years.
Why is the Association concerned at this point regarding the construction of the BJ Basin
and the Relocation? The BJ Basin is included in the DMP. However, prior to the decision to
leave the BJ Basin in the DMP, the Association was informed by staff that based on the Chang,
October 2005 hydrology study, it was staffs opinion that the BJ Basin was no longer required.1
Further, the staff presentation at the August 5, 2008 hearing clearly stated that the BJ Basin was
"probably" not required because of the Chang August 5, 2008 study and an update that had "just
been receive". An update on the Chang August 5, 2008 study which we have been unable to
obtain and therefore, object to its inclusion in the public record on this matter. Additional
statements were made related to this matter such as just because an improvement is included in
the DMP does not mean it will ever be built and or funded. Therefore, the first concern is that
the BJ Basin is contained in the DMP not because there is ever intent to build it but rather to
avoid having to amend the EIR for this project. The Association, based upon the long history of
the hydrology science, respectfully submits that the BJ Basin is a necessary and integral part of
the DMP. In Lisa Hildabrand's memo to Council dated September 4, 2008, she stated that At the
Council meeting, several council members expressed their desire to review a number of items
including: History of the drainage plans for the Rancho Carlsbad development - Need for
Basin BJ....Responses to issues other than those related to the Rancho Carlsbad area have been
provided to the City Council in a separate memo. At this point, staff has not had time to review
all of this information with the City Council. This comment highlights the concern regarding the
construction of BJ Basin and unlike the other opponents to the DMP, the Rancho Carlsbad
Owners'Association has not received an answer to any of its communicated concerns as of this
writing.
1 The Chang October 2005 study was part of the McMillan project and was not discussed as part of those approvals
because it was not deemed relevant. The Association retained Cannon to prepare a review of the Chang October
2005 study and staff has refused, and continues to refuse, to consider or comment on the matters contained in the
Cannon report. Both of these hydrology studies have been previously incorporated into the record on this matter and
are a matter of the public record, and both hydrology studies are hereby re-incorporated in this correspondence here
at.
M:\Rancho Carlsbad\Drain-Basin-Flood\Ltr Ron Ball 10-28-8.doc:
THE LOFTIN FIRM
Ron Ball, City Attorney
October 28, 2008
Page 3 of 6
Why is the Association not satisfied with the retention of the B J Basin in the DMP and
the purported financing solution of conditioning the adjacent proposed developments with the
financial responsibility of buying the land from the Association, constructing the B J Basin, and
relocating the Association amenities, and related activities? As a reminder, the land on which
BJ Basin has been located is owned by the Association and the obligation to build the BJ
Basin is thrust upon some known and unknown developers. As you stated at the "Meeting",
this means that the negotiations and resolution of all issues related to the BJ Basin are private
and the City has no role in those negotiations. In response to my question, what happens if an
agreement cannot be reached between the Association, which has an existing development, and
the developer, which has the obligation, and your response was then the developer would need to
come back to the City to discuss revising the condition. As we both know, conditions of
approval can be revised at any time during the process. Therefore, this financing solution
appears to (1) condition the Association property with not only the obligation to provide the land
but to also implement the construction of a public facility and (2) there is no certainty in this
financing mechanism.
With regard to the alternative methods of financing the facilities outlined in the DMP, the
obligation to financing the facilities must first be listed in the DMP and Fees. Therefore, while I
agree there are other alternatives, at this point the Association must assure the condition
precedent to obtaining those financing mechanisms exist, to wit: the recognition in the DMP and
Fees that the BJ Basin is a necessary and required public facility improvement and all costs
related to the construction and Relocation are included therein.
In conclusion of this section, the Association requests that the City Council make specific
findings that:
1. The BJ Basin is a necessary element of the overall DMP for Basin B.
2. The land on which BJ Basin is located is owned by the Association and the
Association shall be paid for such land.
3. Located on the land are amenities and improvements owned by the Association
and said amenities and improvements shall be demolished and relocated at no cost
to the Association, except if the Association elects to add any new upgrades to
those amenities at the time of construction those costs shall be the obligation of
the Association.
4. The anticipated cost for the construction of BJ Basin and the Relocation of the
Association property and amenities is estimated as of August 2008 to be
$2,500,000.
Now, to the issue at hand, additional documents: We are assuming that the following
correspondence with document attachments and/or references have been forwarded to and
reviewed by the City Council:
M:\Rancho Carlsbad\Drain-Basin-Flood\LtrRon Ball 10-28-8.doc:
THE LOFTIN FIRM C
Ron Ball, City Attorney
October 28, 2008
Page 4 of 6
1. September 2005 - October 2005: Emails among City Staff, McMillan staff and
Chang regarding revisions to the Chang September 2005 specifically regarding BJ
Basin.
2. March 20, 2008: Correspondence from Barbara Bevis, President, Association to
Glenn Prium/L.Hildabrand with attachments.
3. May 12, 2008: Correspondence to L. Hildabrand from S. Loftin with
attachments.
4. July 2, 2008: Correspondence from L.Hildabrand to S. Loftin.
5. July 22, 2008: Correspondence from this Firm to L.Hildabrand, City Manager.
6. July 29, 2008: Correspondence from this Firm to R.Bali with attachments.
7. August 5, 2008: Correspondence from this Firm to City Clerk with incorporation
of public record documents.
8. August 5, 2008: Power Point, Documents referenced therein and Correspondence
from Association to Council.
9. September 3, 2008: Memo from Public Works Director to City Manager.
10. September 4, 2008: Memo from City Manager to City Council.
11. September 5, 2008: Memo from Public Works Department to City Manager.
12. September 9, 2008: Correspondence from this Firm to Council.
13. September 23, 2008: Correspondence from Barbara Bevis, President, Association
to City Council.
14. October 10, 2008: Correspondence from Jane Mobaldi to Barbara Bevis.
There is a long documentation history, including without limitations correspondence,
electronic communication, studies, reports, staff reports, memorandums, City approvals for
various projects related to the BJ Basin issues and the Association. The following documents are
additive to those documents already submitted and are representative only but do not reflect the
total public record on this issue, which public record is hereby incorporated as though fully set
forth here at:
1. Approved Maps, and Conditions related there to, regarding Rancho Carlsbad
Country Club Estates development and subsequent conversion.. [These approvals
occurred between 1995-1998] I am not submitting these documents because they
M:\Rancho Carlsbad\Drain-Basin-Flood\Ltr Ron Ball 10-28-8.doc:
THE LOFTIN FIRM W
Ron Ball, City Attorney
October 28, 2008
Page 5 of 6
are in the City's files and are quite voluminous, but hereby incorporate them as
though fully set forth here at, including without limitation:
a. Residential Mobile Home Park Permit Map
b. Basin and Flood Permit Map
c. Tentative and Final Map
d. Contract to Secure Future Public Improvements recorded March 24, 1998 as
Document No. 98-0158219, which provides, in part, Section 2. That Property
Owner, ...in full satisfaction of condition Number 10 of the Mobile Home Park
Permit approval...agrees to pay $318,000 for the flood control improvements
set forth in the amendment to the City of Carlsbad Master Drainage Plan
(approved by City Council Resolution No. 96-403 on December 3, 1996),...
The Association has paid this in full with interest. This document is attached.
2. Grant of College Boulevard Roadway, recorded instrument dated February 4,
1998 as Document No. 98-005590.
3. Public Notice/Application No: 2001100215-SKB, US Army corps of Engineers,
BJ Basin, p. 6 and maps.
4. Department of the Army Permit 200100215-RLK, includes B J Basin
5. EIR for Bridge and Thoroughfare District #4, 2001, including without limitation:
a. March 23, 2001 Correspondence to Eric Munoz from Association, EIR Report
b. September 18, 2001 Correspondence to Association from Eric Munoz
6. Correspondence from Cindie K. McMahon, Deputy City Attorney dated July 31,
2002 and from Gary E. Wayne Assistant Planning Director dated July 3, 2002.
7. Bridge and Thoroughfare District EIR, and comments from the Association,
including without limitation:
a. March 6, 2001: Correspondence from Association to Eric Munoz
b. October 10, 2001: Correspondence from Sue Loftin to Eric Munoz
c. December 6, 2001: Correspondence from Sue Loftin to Eric Munoz
d. The Hauser Correspondence confirming that the City would provide financing
and/or funding for the Relocation and the ERRATA attached to the approval
of the EIR have already been submitted several times and are hereby
incorporated as though fully set forth.
8. Growth management Program, Local Facilities Management Plan Amendment,
Zone 15(c), approved by City Council on December 7, 2004. This file is quite
voluminous and part of the City public record; therefore, it is not being copied
and sent out, except for pages 85-89. It requires that the developers pay the
required drainage fees established in the current Drainage Master Plan, and as
revised. P.87). The estimate cost for detention basin BJ and the 3' x'6' box
M:\Rancho Carlsbad\Drain-Basin-Flood\LtrRon Ball 10-28-8.doc:
THE LOFTIN FIRM
Ron Ball, City Attorney
October 28, 2008
Page 6 of 6
culvert was $614,500. Obviously, this does not include financing for the purchase
of the land from the Association, nor the Relocation.
9. May 21, 2004 Email from David Hauser re CID Budget with $2,500,000.
If you have any questions or need copies of additional documents, please contact me at
the above numbers. I will be out of town from Thursday, October 30, 2008 to November 2,
2008, please feel free to call me on my cell phone number 858-922-9380.
cc: City Clerk
City Manager
David Hauser (via email)
Mayor and Councilpersons
Client
Encls. Nine (9) [listed supra]
M:\Rancho Carlsbad\Drain-Basin-Flood\Ltr Ron Ball 10-28-8.doc:
ATTACHMENT 1
TO
RON BALL'S 10-28-08 CORRESPONDENCE
RECOWJWO REQUESTED BY
RKCORmCJ) BV CHICAGO T1TI
SUBDIVISION UAPFIXG DEPT
WEN RECORDED MAO. TO
(2y CM
CITY OF CARLSBAD
Carlsbad, CA. 82008
265
DOC f 1998-015B219
MAR 24> 199Q 12=13 PM
OrTEIfLffilORDS
6M MEGO COKTY RECORDER'S OFFICE
FEES: 31.00
If
CITY OF CARLSBAD
CONTRACT TO SECURE FUTURE PUBLIC IMPROVEMENTS
Permit
No*.
Parcel
Koa.
RMHP 96-01; MS 96-08
THIS AGREEMENT to made by the City of Carlsbad, a municipal corporation,
hereinafter referred to as "City*, and Rancho Carlsbad Partners, a California general
partnership, hereinafter referred to as •Property Owner."
RECITALS
WHEREAS, Property Owner (formerly organized as Rancho Carlsbad Tenants
in Common Group) has applied to City for a Mobile Home Park Permit and Tentative
Parcel Map for the real property hereinafter described, now under Property Owner's
ownership; and
WHEREAS, it has been found that MM property is not wttabto far development
In Its present condition, however said property would be suitable tor development if
certain public improvement* hereinafter described are constructed and certain
biwocabto often of dedication are mad* to City; and
1
266
WHEREAS, the Municipal Code of City requires certain improvements and
dedications as a condition of approval of this Mobile Home Patfc Permit and Tentative
Parcel Map; and
WHEREAS, Property Owner has requested that approval of said Mobile Home
Park Permit and Tentative Parcel Map be granted by City In advance of the time said
improvements are to be made; and
WHEREAS, Property Owner arguably has a right to promise to pay for said
Improvements without the necessity of providing security for such payment (pursuant
to Government Code section 66428.1 (e)) and Properly Owner desires to
unequivocally waive such right and provide security by this Agreement; and
WHEREAS, Property Owner, in consideration of the approval of said Mobile
Home Park Permit and Tentative Parcel Map, desires to enter Into mis agreement
securing the construction of said improvements, and City has determined it to be in
the public interest to agree to temporarily postpone said construction;
NOW, THEREFORE, IT IS AGREED between the parties hereto as follows:
Section 1. That City agrees to record this agreement on the same day, and
following recordafion of Final Parcel Map MS 98-08.
Section 2. That Property Owner, In lieu of making the hereinafter described
improvements before approval of said Mobile Home Park Permit and Tentative Parcel
Map Is granted, and In full satisfaction of Condition Number 10 of the Mobile Home
Park Permit approval (Planning Commission Resolution No. 4033, as amended by
City Council minutes dated January 21, 1997) agrees to pay $316,000 for the flood
control Improvements set forth in the amendment to the City of Carlsbad Master
357
i
Drainage Plan (approved by City Council Resolution No. 86-403 on December 3,
1996), payable as foOows:
A. Annually commencing one (1) year after the date of the recoidstion of
the Final Parcel Map ("Commencement Data") and continuing annuaDy thereafter on
the anniversary date of the Commencement Date for nine (9) years, without invoice
by City Director of Finance;
(1) Interest will be charged on the declining balance of the obligation.
Trie interest rate appBcable to the first twelve (12} month interval
shaO be six percent (6%). Thereafter, the Interest rate for each
successive twelve (12) month period shall be equal to the
average yield of the City's Investment portfolio, determined as of
December of each preceding year. (City wfll disclose this rate to
Property Owner each year, as soon as It is reasonably available.)
(2) The amount of each invoice wffl be calculated In accordance with
the attached "EXAMPLE", so that, absent any prepayments, the
principle and interest are fully amortized within the ten (10) years.
B. City shaD allow Property Owner to prepay at any time, and without
penalty, any portion of the then outstanding principal. Property Owner shall require
the Home Owners Association to make an election whether or not to allow individual
airspace unit purchasers to prepay their "share* of the debt prior to the defivwy of the
Final Public Report, and to treat an purchasers equally without preference, during the
time required to retire the obligation created heroby.
C. Property Owner shall establish a Reserve Account separate and distinct
sea
from an other accounts, into which payments of annual (or more frequent) installments
(including total prepayments; if any) by owners of individual airspace units within the
park than b« deposited In amounts sufficient to pay the annual payment to City when
due,
Section 3. That for the faithful performance of the promises and covenants
herein contained, Property Owner hereby grants a lien for City's benefit upon the
hereinafter described property in the amount of $318,000. plus interest as set forth
above. The Hen hereby created shall only be subordinate and Inferior to the
Declaration of Establishment of Covenants, Conditions, and Restrictions (CC&R's).
the Condominium Plan. Final Parcel Map, and any recorded govemmentally
mandated restrictions on the property. Upon Property Owner's failure to pay in
accordance with Section 2, above, Property Owner agrees that City may pursue any
remedy, legal or equitable (including those specifically referred to herein), for the
foreclosure of this Gen, and the Property Owner, Property Owner's successors, heirs,
assigns and transferees, shall be liable for reasonable attorney's fees as a cost In said
proceedings.
Section 4.
A. That at any time during the period herein provided, the Property Owner,
Property Owner's successors, heirs, assigns or transferees may post a
surety performance bond satisfactory to the City to charge said surety with
the payment of said amount pursuant to Section 2 hereof, the amount of
bond to be the amount of the balance unpaid out of the total $318,000 plus
Interest, at the time of such deposit or posting as ascertained by the City
269
Director of Finance, and that upon posting of said bond the City agrees to
release the property, or any portion of It as to which said posting applies,
from the provision* of this agreement, and to execute any necessary
release to enable the record title of the property to be released from the lien
herein imposed. City approvals may be granted by the Director of Finance,
and Shan not be unreasonably withheld.
B. If Property Owner posts a surety performance bond pursuant to section 5 A,
above, and thereafter fate to timely pay the premium to keep the bond in full
force and effect, such failure shall constitute a breach of this agreement and
an act of default PRIOR to expiration of said bond, entitling City to call the
bond in the full amount then remaining due. Property Owner shaO provide
City's Director of Finance with proof of payment of said premium not less
than two (2) weeks prior to the otherwise expiration date for said bond.
Section S. A description of the property referred to herein and upon which said
Hen is Imposed Is described as follows:
Parcels 2 and 3 of Final Parcel Map MS 96-08. Prior to recontefon of
this Agreement, Property Owner shall obtain and record a release or subordination of
ail other Hens and encumbrances on said parcels, except those specified in Section 3.
Section 6. This agreement and trw covenants contained herein shall be
binding upon and Inure to the benefit of the successors, heirs, assigns and transferees
of Property Owner, shall run with said real property, and create an equitable servitude
270
Executed by Property Owner this..day of.
PROPERTY OWNER:
RANCHO CARLSBAD PARTNERS,
a California General Partnership
THE CARLSBAD RESIDENT
ASSOCIATION, INC., a California
nonprofit mutual benefit corporation,
Its General Partner
OAK SHADOWS BUILDING
COMPANY, LTD., a California
General Partnership.
Its General Partner
Bv:
ABRAHAM KEH. Genera! Partner
Bv:
(print name/title hare)
(/
Bv: .
FRANCES KEH, General Partner
(stan here]
MM
(print
TsJte/g^. Set"
here)t-
BROOKVAUE TERRACE BUILDING
COMPANY, a Cafifomla Umted
Partnership, Ha General Partner
Bv:
ABRAHAM KEH, General Partner
By:.
FRANCES KEH, General Partner
CITY OF CARLSBAD, a municipal
corporation of the State of California
IRANCHOLTD.,8
CaMomteUmtod Partnership,
Its General Partner
By. CARLSBERG MOBILE HOME
PROPERTIES, INC., a
Cafflomia corporation, Its
General Partner
>R.PAT
Ctty Manager
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
By_
(print name/ffla here)
D. RICHARD I
Assistant Ctty Attorney
By:.
(print narrte/ube here)
ABRAHAM KEH
Us General Partner
55
STATE OF CAUFORNIA 271
COUNTY OF SAN DIEGO
On t before me.
Notary Public, personally appeared ^fh{rf{&trt #$/i tfa/yf Zf£i<£ati
0 personally known to me - or ^proved to me on the basis of satisfactory
evidence to be the peraon(s) whose name(s) is/are subscribed to the within
Instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capadtydea), and that by his/her/their tignature(s) on the
instrument the person(ft), or the entity upon behalf of which the personla) acted.
executed the instrument
WITNESS my hand and official Mai.
^ - --^g4^7?1 ~~T
X^Siflnature
Rm. 06/04/98
STATE OF CALIFORNIA 272
COUffTY OF SAM DIEGO
On -JftoX s$. /99 7 before me,e, L'/JS
Notary Public, personally appeared ^.///^^ /J •** 0*.j. j—
personally known to me - or Q proved to me on the basis of satisfactory
/evidence to be the pereonts) whose namefsj' is/ap* subscribed to the within
Instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacftyliee), and that by hls/fwfrtheir signature(s) on the
Instrument the person(4), or the entity upon behalf of which the person^*} acted,
executed the Instrument.
WITNESS my hand and official seal.
(Signature of Notary)
ami
kwMb
Myc££&i»&1M
Rav. 06/04/96
STATE OF CALIFORNIA 273
COUNTY OF SAN DIEGO
On fatt } /WJ before me, ^
Notary Public, personally appeared un^^iQ. tasAjM^eltSv/btti personally
known to roe - or [ j proved to me on the basts of satisfactory evidence to be the pcrson(s) whose
name(s) 4a/are subscribed to the within instrument and acknowledged to me that tefehe/they
executed the same in ii&4«r/their authorized capacity(ies), and that by fe«&er/thetr signature(s)
on the instrument the person(s), or (he entity upon behalf of which the person(s) acted, executed
the instrument
WITNESS my band and official seal.
(Signature of Notary)
FunnApprovw! By City CoundJ July il»9I Form I7A
RjjotatiooNa91.|9*KJH PeJneMobtldi.Rcv.OUII.%
c
ATTACHMENT 2
TO
RON BALL'S 10-28-08 CORRESPONDENCE
RECORDING REQUESTED BY
AND WHEN RECORDED,
PLEASE MAIL TO:
City Clerk
Gfty of Carlsbad
1200 Carisbad Village Dr.Carisbad. Cafifomia 92008
MAIL TAX STATEMENTS TO:
EXEMPT
DOG * 199B-0055998
Feb 04 , 199S B=2^ AM
1813
Sffl DIEGO COMY REEDHS'S QFFIEEj. smHf tnwv
FEES: 0.00
CD: Hft
t
The undersigned grantors) dedare(s):
Documentary transfer tax is $0.02
( } computed on M value of property conveyed, or
( ) computed on full value lass value of Kens and
encumbrances remaining at time of sate.
{ ) Unincorporated area (x) City of Carisbad. and
SFAssessor's Parcel No.168-05O-23.24420M6O-O3
Project No. & Name RMHP 96^1
Raneho Carisfaad MobQe Home Park
GRANT DEED OF EASEMENT
FOR A VALUABLE CONSIDERATION, recefrt of which is hereby sdcnowtedged,
RANCHO CARLSBAD PARTNERS, a CaHfomia General Partnership, as Owner
hereby GRANTS to
City of Carisbad, s Municipal Corporation
the Mowing described real property in the City of Carlsbad, County of San Diego, State of Cafifonwcan easement for public street and public utility purposes over, under, upon and across thereal property as described in Exhibit *A" consteuito of two panes» attached hereto. Exhibit"B" consisting of one page is attached fbrdaijty only.
RANCHO CARLSBAD PARTNERS.
a CaOfbmia General Partnership, as Owner
By: The Carisbad Resident Association. Inc.,
a California Non-Proflt Mutual Bene«. General Partner
By- Brookvale Terrace Building Company.
a CaDfomia Limited Partnership. Genem Partn
By: Ca-lsberg Rancho, Ltd., a California
United Partnership. General Partner
By: Cartsberg Mobile I
TWEamW. Geary,
By: fliAJC\JLrtA<A
Abraham Keh, General Partner
By: Oak Shadows BuBding Company.
a Cafiforna Limited P^iljieifciiip, Gener
Partner
General Electric Capital Corporafion, a New York
Corporation, as Beneficiary under Deed of Trust
Recorded Sept 7, 1995 as FOe No. 1995-0398035
of Offioal Records
CEICTTFICATIOW FOR ACCEPTANCE OF DEEP
This is to certify that the interest in real property conveyed by the deed or gram dated
November 5, 1997, from Raneho Carlsbad Partners to the City of Carlsbad, California, a
municipal corporation, is hereby accepted by the City Council of the City of Carlsbad. California
pursuant to Ordinance No. NS-422, adopted on September 16,1997, and the grantee consents to
the recordan'oB thereof by its duly authorized officer.
DATED: January 5,1998
fol
EXHIBIT-A"
LEGAL DESCRIPTION FOR
COLLEGE BOULEVARD
THAT PORTION OF LOT B OF THE RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD.
-COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. ACCORDING TO MAP THEREOF NO. 823,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON NOVEMBER 16,
1896, DESCRIBED AS FOLLOWS:
COMMENCING AT CORNER NO. 13 OF LOT E AS SAID CORNER IS SHOWN ON RECORD OF
SURVEY NO. 6637, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON
NOVEMBER 4. 1965; THENCE ALONG THE NORTH LINE OF SAID RECORD OF SURVEY
SOUTH 89°26'21" EAST. 707 JO FEET TO THE TRUE POINT OF BEGINNING: THENCE
CONTINUING ALONG SAID NORTH LINE SOUTH 89"26'2r EAST. 150.09 FEET; THENCE
LEAVING SAID NORTH LINE SOUTH 46-38' 09" EAST. 583.03 FEET TO THE BEGINNING OF A
TANGENT 2051.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE
SOUTHEASTERLY 652.47 FEET ALONG SATO CURVE THROUGH A CENTRAL ANGLE OF
IS'iyyi" TO THAT CERTAIN LINE SHOWN ON SAID RECORD OF SURVEY NO. 6617 AS
"NORTH I3°55'46" EAST. 950.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH
ei'SSTS" EAST; THENCE LEAVING THE ARC OF SAID CURVE ALONG SAID LINE OF SAID
RECORD OF SURVEY SOUTH IS'SSW WEST, 157.74 FEET TO POINT IN THE ARC OF A NON-
TANGENT 1949.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, A RADIAL LINE TO
SAID POINT BEARS NORTH 65e02'23" EAST; THENCE LEAVING SAID UNE
NORTHWESTERLY 73733 FEET ALONG SAID CURVE THROUGH A CENTRAL ANCLE OF
2!°40'32"; THENCE TANGENT TO SAID CURVE NORTH 46°38W WEST. fi8O99 FEET TO THE
BEGINNING OF A TANGENT 5551.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE
NORTHWESTERLY 12.16 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
00°OT32- TO THE TRUE POINT OF BEGINNING.
FRANCES W. FTTZPATRICK
LICENSE EXHRES: SEPTEMBER 30.1998
P.U5.4539
THE GRANTOR HEREBY FURTHER OFFERS TO THE CITY OF CARLSBAD THE PRIVILEGE
AND RIGHT TO EXTEND DRAINAGE STRUCTURES, EXCAVATION AND EMBANKMENT
SLOPES BEYOND THE LIMITS OF THE HEREIN DESCRIBED RIGHT-OF -WAY WHERE
REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE OF SAID OTY ROADWAY.
RESERVING UNTO GRANTOR OR THE ABOVE DESCRIBED PARCEL OF LAND. ITS
SUCCESSORS. OR ASSIGNS. THE RIGHT TO ELIMINATE SUCH SLOPES AND/OR DRAINAGE
STRUCTURES OR PORTIONS THEREOF. BY SUBSTITUTING OTHER PROTECTION. SUPPORT
AND/OR DRAINAGE FACILITY. PROVIDED SUCH SUBSTITUTION IS FIRST APPROVED IN
WRITING BY SATO CITY'S ENGINEER.
/ LOT £
PORTJON
.O.S, 6617
RANCHO AGUA HEDJONDA
INDICATES PROPOSED CX>LLECE
60ULEVARO DEDICAHON
F7WNCIS W.
EXP. 9-50-98
PROJECT NAME: COLLEGE BOULEVARD
RANCHO CARLSBAD COUNTRY CLUB ESTATES
PROJ
"XX*
EXHIBIT
B
14Z3_P02 MANTOU ENGINEERING CO.
M
State of California
County of San Diego
1818
(Date)
personally appeared
(Name. Tide of Officer)
(NamefsJ of SignerfsJ}
Dy known to rre -OR - ~
W-
Titte or Type of
Date of Document
Signers) other than named above
State of California
County of San Diego
On Fore me. /dfa^Ls^- • MiOlA^Jf^U^^.LJi.
Pate)
personally appeared
(Name TiSe of Ofifcer}
frtfbtf
(Namefs] of SignerfsB
i known to me -OR - ~
nfe)-whose name{s)_-
lent the person^ or entity upon behaffi
\
WrTTijSSrfBtf-hiind and official &&\. ^ £
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'-. :fi:; A
Uvj--^-. i')-''"
Title or Type of
Date cf Document •-- No. of Pages
Signers) other than named above
State of California
County of San Diego
On 7£a^
(Date)
personally appeared
)
)
).x~
before me, / L ,<; j_'
(Narne,Trtfe of Officer)
(Namefs] of Signets])
known to me -OR •
(proved to me on
is/am, si
Title or Type of
Date of Document
Signers) other than named above
is.,
State of California
County of San Diego
On_l me,
(Name. Titte of Officer)
personally appeared / '\>£ -vi -f^-ci^ ' A--' *^
(Namefsj of Signer[s])
i '*«.' • y.''&^grsonanv known to me -OR - 3
"• '• "''l~l'": •(proved to me on
is/are s
executed
the person(s^ or entity upon behatft*
•
-vHjw^f .T "•'jrr' »• 'jip" " "''-"; « ~*- ' ""^
fPolJJ1^ '• ^"•''>
Date of Document No. of Pages
Signers) other than named above
y
State of
County of-Gail Diego
(Date)
personally appeared
l/W before me,S.Swe'AeJ Mjf»»
(Name, 7%e of Officer)
/ //>>»/» /r^J . LJ v>
' (NameIs]ofSigner[sD
known to me-6R~C
whose namefe}
hefoHeAfc*
authorized
the person W, or entity upon
Title or Type of
Data of Document
Sicner(s) other than named above
State of California
County of
On l*4W\Hh before me,
personally appeared CT<*\.
Notary Public,
personally known to me or y^ proved to me on the basis of
satisfactory evidence to be the person(s) whose naae(s) is/are
subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized
capacity(ies) , and that by his/faer/their signature (s) on the
instrument the person (s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official
FOBXS: 8HBS\O5HBRUOCX\ W000027. X -i-
ATTACHMENT 3
TO
RON BALL'S 10-28-08 CORRESPONDENCE
US Army Corps
of Engineers®
PUBLIC NOTICE
APPLICATION FOR PERMIT
LOS ANGELES DISTRICT
Public Notice/Application No.: 200100215-SKB
Comment Period: October 19 through November 9, 2001
Project Manager; Shannon K. Bryant (858) 674-6784 sbrvant@spl.usace.armv.mil
Appli
Calavera Hills II, LLC
2727 Hoover Avenue
National City, California 91950
P.n-Applif-qnt
City of Carlsbad
1635 Faraday Avenue
Carlsbad, California 92008
Gerry Scheid, Recon
(619) 308-9333
Paul Klukas, Planning Systems
(760) 931-0780
T-nr-atinn
The proposed project is located in the northeast quadrant of the City of Carlsbad.
The proposed project site is bounded by the City of Oceanside along with State Route 78
(SR-78) on the north and the southern boundary is approximately one-half mile north of
the Rancho Carlsbad Mobile Home Park. The western extent of the proposed project is
near Carlsbad Village Drive and the easterly boundary is just west of Calavera Lake.
Watercourses that occur within the project area include Calavera Creek, Agua Hedionda
Creek, and Little Encinas Creek in San Diego County, California (Figures 1 and 2). The
site lies within the San Luis Rey 7.5-minute U.S.G.S. topographic map in Township 1 IS
and Range 4W. Approximate longitude and latitude for the site are 117 degrees 17
minutes 30 seconds and 33 degrees 10 minutes.
Activity
The proposed activity would fill of 3.94 acres (ac) of jurisdictional waters of the U.S.
comprised of 3.61 ac of wetlands and 0.33 ac of non-wetland waters for the development of
781 residential homes, local infrastructure (e.g., roads, utility lines), extension of two
existing roads (College Boulevard and Cannon Road), and two detention basins. College
Boulevard (Reaches A, B, and C) would be extended from Carlsbad Village Drive southerly
to El Camino Real (approximately 9,500 feet). Cannon Road (Reaches 3 and 4) would be
extended (approximately 9,100 feet) from El Camino Real easterly to the City of Oceanside
(see attached drawings). For more information see page 3 of this notice.
w
Interested parties are hereby notified that an application has been received for a
Department of the Army permit for the activity described herein and shown on the attached
drawing(s). Interested parties are invited to provide their views on the proposed work,
which will become a part of the record and will be considered in the decision. This permit
will be issued or denied under Section 404 of the Clean Water Act of 1972 (33 U.S.C.
1344). Comments should be mailed to:
U.S. Army Corps of Engineers, Los Angeles District
Regulatory Branch - San Diego Field Office
ATTN: CESPL-CO--200 10021 5-SKB
16885 W. Bernardo Drive, Suite 300-A
San Diego, California 92127
Alternatively, comments can be sent electronically to: sbryant@spl.usace.army.mil
The decision whether to issue a permit will be based on an evaluation of the probable
impact including cumulative impacts of the proposed activity on the public interest. That
decision will reflect the national concern for both protection and utilization of important
resources. The benefit that reasonably may be expected to accrue from the proposal must
be balanced against its reasonably foreseeable detriments. All factors that may be relevant
to the proposal will be considered including the cumulative effects thereof. Factors that
will be considered include conservation, economics, aesthetics, general environmental
concerns, wetlands, cultural values, fish and wildlife values, flood hazards, flood plain
values, land use, navigation, shoreline erosion and accretion, recreation, water supply and
conservation, water quality, energy needs, safety, food production and, in general, the
needs and welfare of the people. In addition, if the proposal would discharge dredged or fill
material, the evaluation of the activity will include application of the EPA Guidelines (40
CFR 230) as required by Section 404 (b)(l) of the Clean Water Act.
The Corps of Engineers is soliciting comments from the public; Federal, state, and
local agencies and officials; Indian tribes; and other interested parties in order to consider
and evaluate the impacts of this proposed activity. Any comments received will be
considered by the Corps of Engineers to determine whether to issue, modify, condition or
deny a permit for this proposal. To make this decision, comments are used to assess
impacts on endangered species, historic properties, water quality, general environmental
effects, and the other public interest factors listed above. Comments are used in the
preparation of an Environmental Assessment and/or an Environmental Impact Statement
pursuant to the National Environmental Policy Act. Comments are also used to determine
the need for a public hearing and to determine the overall public interest of the proposed
activity.
tvf
TV»tprminaHnn- A preliminary determination has been made that an
environmental impact statement is not required for the proposed work.
Water Quality- The applicant is required to obtain water quality certification, under
Section 401 of the Clean Water Act, from the California Regional Water Quality Control
Board. Section 401 requires that any applicant for an individual Section 404 permit
provide proof of water quality certification to the Corps of Engineers prior to permit
issuance.
Coastal Znnc Management- For those projects in or affecting the coastal zone, the
Federal Coastal Zone Management Act requires that prior to issuing the Corps
authorization for the project, the applicant must obtain concurrence from the California
Coastal Commission that the project is consistent with the State's Coastal Zone
Management Plan. This project is located outside the coastal zone and preliminary review
indicates that it will not affect coastal zone resources. A final determination of whether this
project affects coastal zone resources will be made by the Corps, in consultation with the
California Coastal Commission, after review of the comments received on this Public Notice.
Cultural Resnnrnfis- The proposed project was evaluated for cultural resources
pursuant to requirements under the California Environmental Quality Act (CEQA). The
report indicated six sites occur within the boundaries of the proposed housing area and
fourteen sites plus one isolate occur within the survey corridor for the two proposed road
extensions and detention basins. The six sites within the housing area have been either
previously determined not to be significant under CEQA or are located within areas
proposed for permanent open space and are not anticipated to be adversely affected by the
proposed development. Significance testing of the fourteen sites located within the
proposed roadway alignment and detention basin areas has been initiated. The sites tested
to date are not eligible for listing on the National Register of Historic Places. Furthermore,
the latest version of the National Register of Historic Places has been consulted and this
site is not listed. This review constitutes the extent of cultural resources investigations by
the District Engineer, and he is otherwise unaware of the presence of such resources.
Rnrinngpi-t-H Spppjps- The federally listed as threatened, thread-leaved brodiaea ']
(Brodiaea filifolia) and coastal California gnatcatcher (Polioptila califomica calt/bmtca) and
its critical habitat and the federally listed as endangered, least Bell's vireo (Vireo bellii
pusillas) were determined to exist on the proposed project site. Preliminary determinations
indicate that the proposed activity would not affect the onsite brodiaea population, which
the applicant(s) propose to preserve in natural open space. However, the U.S. Army Corps
of Engineers (Corps) has determined the proposed project may affect the vireo and
gnatcatcher including its critical habitat. Therefore, the Corps requested initiation of
formal consultation under Section 7 of the Endangered Species Act on August 3, 2001.
Pjihlip Kfjaring- Any person may request, in writing, within the comment period
specified in this notice, that a public hearing be held to consider this application. Requests
for public hearing shall state with particularity the reasons for holding a public hearing.
ng>»H Aotiv-ity fnr Whio>i a Permit 'P
The proposed project would fill 3.94 total ac of jurisdictional waters of the U.S.
comprised of 3.61 ac of wetlands and 0.33 ac of non-wetland waters for the basic purpose
of residential housing and traffic circulation, both non-water dependent discharges of fill
material. The overall project purpose is to provide housing, traffic circulation, and flood
control (e.g., detention basins) in North Coastal San Diego County. The flood control is
also a non-water dependent activity for the protection of uplands (Figures 3 through 5).
The total permanent impacts to Corps jurisdiction are 3.57 ac. The total temporary
impacts are 0.37 ac. The proposed project includes the construction of 781 homes and two
detention basins, and the extension of both Cannon Road and College Boulevard.
Additional Prnjpnt Tnfni-mgHnn
RnaH F.ytpnginng - The majority of impacts to waters of the U.S. would result primarily from
the extensions of College Boulevard and Cannon Road (approximately 94 percent of the
impacts) with minor fills resulting from the development and detention basin portions of
the project (Table 1).
The applicant states the design of Reaches A-C for College Boulevard and Reaches 3-4
for Cannon Road include all grading, improvements, bridges, retaining walls, erosion
control and landscaping, drainage, and all other improvements associated with
development of major arterial roadways. Both Cannon Road and College Boulevard are
shown on the City's circulation element as major arterials within a 102-foot right-of-way
(widened at intersections). Buildout design standards for major arterials include two, 12-
foot, travel lanes in each direction with an 18-foot median separating the travel directions.
Rasins - The proposed basins would be excavated and bermed along Calavera
Creek and Little Encinas Creek with the basin bottoms maintained free of vegetation to
retain the capacity and function of the basin. Basin 1 (referred to as Basin "BJB") at the
northeast quadrant of the College Boulevard/Cannon Road intersection, in its ultimate
configuration, would have an inundation area of approximately 15 acres and a storage
capacity of 49 acre-feet. Basin 2 (referred to as Basin "BJ") is located southeast of the
College Boulevard/ Cannon Road intersection and would have an inundation area of
approximately eight acres with a storage volume of 48 acre-feet. The road crossings of
Calavera Creek and Little Encina Creek form the berms for the detention basins.
The applicant states the detention basins are an integral part of the Master Drainage
Plan for the City of Carlsbad, and would provide flood control for the Rancho Carlsbad
Mobile Home Park located along and at the confluence of Agua Hedionda and Calavera
Creeks and other properties downstream.
The following is a brief summary of alternatives the applicant provided for incorporation in
the public notice. Since the majority of the preferred project impacts to jurisdictional
waters of the U.S. would occur from the extension of College Boulevard and Cannon Road,
the applicant states efforts to avoid and minimize impacts to waters of the U.S. focused
primarily on studying alternative road alignments.
Nn RnilH Altprnativp - In order to fully avoid all impacts to jurisdictional waters of
the U.S., the Phase II Master Plan area would require redesign and both the extension of
College Boulevard and Cannon Road would need to be eliminated. Although it may be
technically possible to avoid impacts to waters of the U.S. within the development areas of
the Master Plan, the applicant(s) state it is not possible to avoid all impacts to waters of the
U.S. from the roads due to the locations of the proposed connection points in relation to
.the existing jurisdictional waters. The applicant(s) state the detention basins could not be
built because their construction requires some minor impacts to jurisdictional waters.
According to the applicant(s), this alternative would result in significant traffic gridlock in
the area at buildout. Therefore, the applicant(s) have determined this alternative would not
meet the project purpose, be economically feasible or comply with the City of Carlsbad
General Plan.
Nn Tntprsprtinn Alternative - This alternative evaluated how impacts to jurisdictional
waters could be avoided or minimized by constructing College Boulevard and Cannon Road
in an alignment that eliminates the intersection of the two roads. The alignment studied
showed College Boulevard extending southerly from Carlsbad Village Drive to connect with
the Cannon Road/El Camino Real intersection. Cannon Road would be extended southerly
from the Carlsbad/Oceanside city limits to connect with the College Boulevard/El Camino
Real intersection.
The applicant(s) have determined impacts to Corps jurisdiction would total 4. 1 acres
under this alternative and no impacts would occur to Calavera Creek; however, impacts to
wetlands on Little Encinas Creek would increase over those proposed under the Preferred
Alternative.
Additionally, the elimination of the proposed intersection of these two roads has
been determined by the applicant(s) to significantly impact access to the proposed high
school site (northern corner of the proposed intersection of College Boulevard and Cannon
Road). Access to the proposed high school site would require an intersection and the
applicant(s) state would likely result in impacts to Calavera Creek. Also, the applicant(s)
state future and buildout regional traffic circulation would be significantly impacted.
Higher volumes would be expected to occur on several nearby roadway segments, including
SR-78, El Camino Real, Palomar Airport Road, Melrose Drive, and College Boulevard.
Furthermore, several intersections would fall below an acceptable level of service, including
the intersections of El Camino Real with the following streets: Plaza Drive, Marron Road,
Tamarack Avenue, and Palomar Airport Road.
Cannon Rnad Alternatives - The applicant(s) studied three road alignments for
Cannon Road. These alternatives are referred to as the Preferred Alignment 1, Alternative
Alignment 2, and Alternative Alignment 3. Permanent impacts to jurisdictional waters for
each of the three alternative alignments of Cannon Road are given in Table 2.
gp RrmWarrl Alternatives - The applicant(s) studied four alternative road
alignments for College Boulevard. These alternatives are referred to as Preferred Alignment
4, Alternative Alignment 5, Alternative Alignment 6, and Alternative Alignment 7.
Permanent impacts to jurisdictional waters for each of the four alternative alignments of
College Boulevard are also given in Table 2.
Segment rnmninatinns - According to the applicant(s) , each of the three
alternative road alignments for Cannon Road was matched with each of the four road
alignments for College Boulevard to assess whether impacts to jurisdictional waters could
be reduced in relation to the preferred road alignments. A total of nine combinations were
studied. The results of this analysis are given in Table 3. Of the nine combinations
studied, the Preferred Alternative has been determined to have the least impacts to
jurisdictional waters.
Tntersertinn Alternatives - The applicant(s) studied ten intersection alternatives to
assess whether impacts to jurisdictional waters on Calavera Creek could be reduced more
than the proposed intersection of the Preferred Alignments for College Boulevard and
Cannon Road. The Preferred Alignment Intersection Alternative is referred to as Alternative
B-l. The next eight alternative intersection locations (B-2 through B-9) were the result of
moving College Boulevard, Cannon Road, or both, north or east of the preferred
intersection by various distances. The tenth intersection alternative (B-10) studied whether
a bridge at the intersection of the two roads could reduce impacts to jurisdictional waters.
The applicant(s) determined the impacts to jurisdictional waters from these various
intersection alternatives show that eight of the alternatives fail to reduce impacts in
relation to the Preferred Alignment location B-l (Table 4). Alternative B-10 (bridge) has
similar impacts as the Preferred Alignment intersection location; however, the cost of the
bridge under Alternative B-10 adds a significant financial burden to the project. The
applicant(s) state the additional financial burden would be so substantial that the budget
for the proposed bridge and thoroughfare district would fail, making this alternative
economically infeasible.
Prnpngpfl Mitigation
Riparian (Corps Jurisdictional) -The applicant(s) propose a total 12.5 ac of wetland
creation mitigation onsite of which approximately 4.8 ac of riparian habitat suitable for use
in the future by least Bell's vireo would be created adjacent to existing riparian habitat
along Calavera Creek (Figure 6).
Also, the applicant(s) propose to use a portion of the upstream side of Basin "BJ" to
mitigate impacts to jurisdictional waters. As a result, the placement of mitigation in this
location will necessitate the moving of the existing Rancho Carlsbad Mobile Home Park RV
Storage Facility and Community Garden to another location. The proposed relocation of
both of these facilities would be to the area south of Reach 3 of Cannon Road 'between the
road and the mobile home park. The applicant(s) propose to install a small bridge that
•would span Calavera Creek to provide access from the mobile home park to the new
facilities. '
P.nnfHtinnc
For additional information please call Shannon K. Bryant of my staff at (858)
674-6784. This public notice is issued by the Chief, Regulatory Branch.
Oceanside San Marcos
PROJECT LOCATION
Carlsbad
FIGURE 1
4 Regional Location of the Project
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Master Plan Phase II
Bridge and Thoroughfare District
Detention basins
Feet 2000
FIGURE 2
Project Vicinity
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c-»_J^ •*"¥•!Calaver Tills Phase II Master Plan
Bridge and Thoroughfare District No. 4 &
Detention Basin Project
:::::::>
l\ 600 0 600 1200 Feet
/\/ Master Plan Boundary
[S^s| Master Plan Development Impact Area
f^xl Colllege Boulevard Impact Area
IXSM Cannon Road Impact Area
H Detention Basins
Jurisdictional Waters
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FIGURE 3
KEY MAP
/-v
CalaveV Tills Phase II Master Plan i"
Bridge and Thoroughfare District No. 4 &
Detention Basin Project
'' I ^^S^^C^^t^SS
HfcUfclVLL
A
/\/ Master Plan Boundary
] Master Plan Development Impact Area
Jurisdictional Waters
joe
N 500 0 500 1000 Feet
DiEGO '
BRAiNJC : ;
Phase II Master Plan Area
Plan &
ictNo. 4&
A 500 0 500 1000 Feet
/\/ Master Plan Boundary
Colllege Boulevard Impact Area
| Cannon Road Impact Area
BDetention Basins
Jurisdicrional Waters Road Areas
N
,.'">~S=3&4'-'' - .^v .' .'."'•;
0 800 1600 Feet
Project Boundary
Jurisdictional Waters
Location of Mitigation Site
FI6WE 6
Calavera Hills Master Plan - PhaSlEJiH Oivf bHA/\iC;j
Potential Wetland Mitigation Site Locations
COPY
TABLE 1
SUMMARY OF IMPACTS TO JURISDICTIONAL WATERS BY HABITAT TYPE
CALAVERA HILLS PREFERRED PROJECT
(acre)
Habitat Type*
Alkali marsh
Riparian scrub
(mfs or sws)
Riparian woodland
(sycw)
Riparian forest
(sww or ow)
Non-wetland waters
TOTAL
Master Plan
Permanent
0.06
0
0
0
0.2
0.26
Development
Temporary
0
0
0
0
0.01
0.01
SUMMARY
Master Plan Development
Habitat Type
Wetlands
Non-wetland waters
TOTAL
Permanent
0.06
0.2
0.26
Temporary
0
0.01
0.01
Cannon Road
Permanent Temporary
0.7 0.1
0.3 0.03
0.6 0.1
0 0
0.1 0
1.7 0.23
OF JURISDICTIONAL IMPACTS
(acre)
Cannon Road
Permanent Temporary
1.6 0.23
0.1 0
1.7 0.23
College Boulevard
Permanent
0
0.3
1.3
0
0.01
1.61
College
Permanent
1.6
0.01
1.61
Temporary
0
0.02
0.1
0
0.01
0.13"
Boulevard
Temporary
0.12
0.01
0.13
Total
0.86
0.65
2.1
0
0.33
3.94
Total
3.61
0.33
3.94
*mfs = mule fat scrub; sws = southern willow scrub; sycw = sycamore woodland; sww = southern willow woodland; ow = oak woodland
TABLE 2
SUMMARY OF IMPACTS FOR ALTERNATIVE ROAD
ALIGNMENTS FOR CANNON ROAD AND
COLLEGE BOULEVARD
Permanent Impacts to Jurisdictional Waters
Road Alternative (acres)
Cannon Road
Alignment 1 (Preferred) 1.7
Alignment 2 2.1
Alignment 3 4.6
College Boulevard
Alignment 4 (Preferred) 1.6
Alignments 1.7
Alignment 6 1.7
Alignment 7 2.0
TABLES
SUMMARY OF IMPACTS FOR VARIOUS ROAD
SEGMENT COMBINATION ALTERNATIVES
Permanent Wetland Impact
Alignment Alternative* (acres)
Cannon #1 with College #4 3.3
(Preferred Alternative)
Cannon #1 with College #5 3.5
Cannon #1 with College #6 3.5
Cannon #2 with College #4 3.7
Cannon #2 with College #5 3.8
Cannon #2 with College #6 3.8
No Intersection Alternative #8 4.1
Cannon #3 with College #6 6.3
Cannon #3 with College #7 6.6
*Only alignment alternatives which can comply with safety design
of maximum 10 degree intersection tangents included in the
analysis.
TABLE 4
COMPARISON OF IMPACTS TO JURISDICTIONAL WATERS FOR
ALTERNATIVE INTERSECTION LOCATIONS OF COLLEGE BOULEVARD
AND CANNON ROAD
Impact to
Intersection Jurisdictional Waters
Alternative Description (acres)
B-l
B-2
B-3
B-4
B-5
B-6
B-7
B-8
B-9
B-10
Preferred Intersection
Realigns Cannon Rd. 200 feet north
Realigns Cannon Rd. 400 feet north
Realigns College Blvd. 200 feet east
Realigns College Blvd. 400 feet east
Realigns College Blvd. 200 feet east and Cannon
Road 200 feet north
Realigns College Blvd. 200 feet east and Cannon
Road 400 feet north
Realigns College Blvd. 400 feet east and Cannon
Road 200 feet north
Realigns College Blvd. 400 feet east and Cannon
Road 400 feet north
Same location as the Preferred Intersection, but
bridges the creek
1.4
1.5
1.8
2.2
2.4
2.2
2.2
2.8 '
2.8
1.4
ATTACHMENT 4
TO
RON BALL'S 10-28-08 CORRESPONDENCE
LADWIG DESIGN GROUPING.
703 Palomar Airport Rd., Suite 300
CARLSBAD, CA 92009
(760) 438-3182 Fax (760) 438-0173
TO
WE ARE SENDING YOU S^Attached D Under separate cover via
D Shop drawings
D Copy of letter
D Prints
D Change order
D Plans
D
D Samples
_the following items:
D Specifications
COPIES DATE NO.DESCRIPTION
THESE ARE TRANSMITTED as checked below:
D For approval
SB'Tor your use
D As requested
[J For review and comment
D EDR BIDS DUE ,
D Approved as submitted
D Approved as noted
D Returned for corrections
n
D Resubmit.
D Submit
D Return
.copies for approval
. copies for distribution
.corrected prints
REMARKS.
D PRINTS RETURNED AFTER LOAN TO US
COPY TO.
If enclosures are not as noted, kindly notify us at once.
REPLY TO
ATTENTION OF:
Office of the Chief
Regulatory Branch
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT, CORPS OF ENGINEERS
SAN DIEGO FIELD OFFICE
16885 WEST BERNARDO DRIVE, SUITE 300A
SAN DIEGO, CALIFORNIA 92127
May 15,2002
Galavera Hills It, LLC and City of Carlsbad
Mr. Brian Millich Mr. David Hauser
2727 Hoover Avenue 1635 Faraday Avenue
National City, CA 91950 Carlsbad, CA 92008
Dear Messrs. Milich and Hauser:
Enclosed you will find a signed copy of your Department of the Army Permit (File # 2001-
00215-RLK). Please retain this copy for your files.
Thank you for participating in our regulatory program. If you have any questions, please
contact Mr. Russell L. Kaiser at (213) 452-3293.
Sincerely,
Mark F. Sudol, D.Env.
Chief, Regulatory Branch .
Enclosures RECEIVED
JUL 0 3 2002
LAOWIG DESIGN GR
-ion R
LOS ANGELES DISTRICT
U.S. ARMY CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY PERMIT
Permittee:
Permit Number:
Issuing Office:
Calavera Hills H, LLC and
Mr. Brian Million
2727 Hoover Avenue
National City, CA 91950
200100215-RLK
Los Angeles District
City of Carlsbad
Mr. David Hauser
1635 Faraday Avenue
Carlsbad, CA 92008
Note: The term "you" and its derivatives, as used in this permit, means the permittee or any
future transferee. The term "this office" refers to the appropriate district or division office of the
Corps of Engineers having jurisdiction over the permitted activity or the appropriate official
acting under the authority of the commanding officer.
You are authorized to perform work in accordance with the terms and conditions specified below.
Project Location: The proposed project is located in the northeast quadrant of the City of
Carlsbad in San Diego County, California.
Project Description: The project consists of three major components: (1) Construction of up to
781 residential units as well as associated infrastructure, community facilities and natural open
space within the Calavera Hills Master Planned Community; (2) Construction of the extension
of College Boulevard from its existing northern terminus within the Calavera Hills Community
to its existing southern terminus just northerly of El Camino Real, as well as the extension of
Cannon Road from its existing western terminus at El Camino Real to its proposed intersection
with College Boulevard; and (3) Construction and operation of two flood control basins (Basins
BJB and BJ) with a storage capacity of 49 acre-feet and 48 acre-feet, respectively. The berms
necessary for the flood control basins are integrated into the culverted roadway crossings
(Figure 1).
Project Authorization: You are authorized to discharge fill in 0.70 acre of waters of the United
States (U.S.), including Calavera Creek, Aqua Hedionda Creek, Little Encinas Creek, and other
connected unnamed tributary waters and/or wetlands to construct the project described above.
Of the total impacts on waters of the U.S., 0.64 acre would be permanent and 0.06 acre would be
temporary. Of the permanent impacts, 0.28 acre would occur on wetland waters and 0.36
would occur on non-wetland waters of the U.S. All temporary impacts would occur on non-
wetland waters of the U.S. The following table sets forth the specific activities and impacts
associated with the proposed activity and Figure 4 identifies the waters of the U.S. and the
impact areas.
Project
Component
Calavera Hills
Phase IT
Cannon Rd.
Reach 3
College Reach A
College Reach B
College Reach C
College / Cannon
Intersect.
Detention
Basins
TOTAL
Ripa
Wooo
Perm
0.04
0.01
0.05
rian
land
Temp
0.0
PROJECT IMPACTS ON WATERS OF TOE U.S.
Freshwater Marsh
Perm
0.05
0.05
Temp
0.0
Cismontane
Alkali Mars'1
Perm
0.1
0.08
0.18
Temp
0.0
TOTAL
Wetland Waters
Perm
0.1
0.08
0.09
0.01
0.28
Temp
0
TOTA
Non-Wefland
Perm
0.2
0.0
0.03
0.0
0.0
0.13
0.0
0.36
L
Waters
Temp
0.0
0.0
0.06
0.0
0.0
0.0
0.0
0.06
,^j
Permit Conditions.
General Conditions:
1. The time Hmit for completing the authorized activity ends on July 1, 2004. If you find that
you need more time to complete the authorized activity, submit your request for a time extension
to this office for consideration at least one month before the above date is reached.
2. You must maintain the activity authorized by this permit in good condition and in
conformance with the terms and conditions of this permit. You are not relieved of this
requirement if you abandon the permitted activity, although you may make a good faith transfer
to a third parry in compliance with General Condition 4 below. Should you wish to cease to
maintain the authorized activity or should you desire to abandon it without a good faith transfer,
you must obtain a modification from this permit from this office, which may require restoration of
the area.
3. If you discover any previously unknown historic or archeological remains while
accomplishing the activity authorized by this permit, you must immediately notify this office of
what you have found. We will initiate the Federal and state coordination required to determine if
the remains warrant a recovery effort or if the site is eligible for listing in the National Register of
Historic Places.
4. If you sell the property associated with this permit, you must obtain the signature of the
new owner in the space provided and forward a copy of the permit to this office to validate the
transfer of this authorization.
5. If a conditioned water quality certification has been issued for your project, you must
comply with the conditions specified in the certification as special conditions to this permit.
6. You must allow representatives from this office to inspect the authorized activity at any
time deemed necessary to ensure that it is being or has been accomplished with the terms and
conditions of your permit.
Special Conditions:
1.1 Thirty days prior to the discharge of fill in waters of the U.S., including wetlands, the
Permittee shall submit for Corps approval a Pre-Construction Operations (CO) Plan. The Pre-CO
plan shall include:
1.1.1 Proposed construction timeline and sequencing.
1.1.2 Pre-construction surveys defining project boundaries with respect to avoidance of
Section 404 Resources (e.g., waters of the U.S., biological and cultural).
1.1.3 Site plan delineating boundaries for staging, fueling and storage areas. Storage areas
shall include sites for spoil and borrow materials. Staging, fueling and storage areas
shall not be located within 100 feet of waters of the U.S.
1.1.4 Measures to be taken to prevent an unpermitted discharge(s) of fill into Waters of the
U.S. may include use of .silt nets, hay bales and other Best Management Practices
(outside of Waters of the U.S.), including use of emergency spill kits.
1.1.5 Photographs documenting site conditions, including work limits and resource exclusion
areas. Photographs shall show demarcated (staked/roped) construction areas, and
exclusion areas, including waters of the U.S., cultural resources, and open space areas.
In addition, the Permittee shall:
1.1.5.1 Retain a Corps approved biologist to monitor and inspect all on-site activities. The CO
Plan shall identify the biologist's name, address, phone number, email address and
experience/credentials. The biologist shall review, oversee, monitor, and/or inspect:
1.1.5.1.1 Grading and site plans;
1.1.5.1.2 Installation of rope to demarcate construction work and open space areas;
1.1.5.1.3 All grading, excavation and ground (and non-ground) disturbance activities in (or
near) Waters of the U.S., and
1.1.5.1.4 Compliance of avoidance measures for open space areas.
1.1.5.1.5 Furthermore, the Corps approved biologist shall:
1.1.5.1.5.1 Be empowered to halt construction and contact Corps, Regulatory Project Manager
if he/she believes the terms and conditions of the authorization are being violated,
with non-compliance reported to the Corps within one hour of detection; and
1.1.5.1.5.2 Implement and monitor the mitigation program.
1.1.5.2 Retain a Corps approved cultural resource specialist to monitor and inspect all on-site
activities, near CA-SDI-9092, CA-SDI-9093/9094, CA-SDI-9615, CA-SDI-15069, CA-SDI-
5434, SA-SDI-5436, and Temp 5. The CO Plan shall identify the cultural resource
specialist's name, address, phone number, email address and experience/credentials.
The cultural resource specialist shall review, oversee, monitor, and/or inspect:
1.1.5.2.1 All activities, investigations, and reporting requirements for Section 106 Compliance
with CA-SDI-9092, CA-SDI-9093/9094, CA-SDI-9615, CA-SDI-15069, CA-SDI-5434,
SA-SDI-5436, and Temp 5 sites. No work shall be performed within a 100-foot
radius of CA-SDI-9092, CA-SDI-9093/9094, CA-SDI-9615, CA-SDI-15069, CA-SDI-
5434, SA-SDI-5436, and Temp 5 except as allowed in Section 2.4. In addition, the
monitor shall be onsite during all ground disturbance activities.
1.1.5.2.2 Furthermore, the Corps approved cultural resource specialist shall:
1.1.5.22.1 Be empowered to halt construction and contact Corps, Regulatory Project Manager
if he/she believes the terms and conditions of the authorization are being violated,
with non-compliance reported to the Corps within one hour of detection; and
1.1.5.2.2.2 Implement and monitor the mitigation program, if warranted.
1.2 The Corps may conduct onsite field investigations prior to and during construction
activities to inspect for compliance with all conditions listed herein.
l\Aj-Hcrni~irm
2.1 The Permittee shall comply with the Biological Opinion (FWS-SDG-1597.4, dated March
14, 2002; all terms and conditions are non-discretionary, pp. 31-33).
2.2 The Permittee shall post a Performance Bond (or bonds) for 120% of the anticipated
costs of the mitigation and monitoring associated with the project.
2.2.1 The bonding company must appear on the Department of Treasury Circular 570,-
Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds
and Acceptable Reinsuring Companies. For a current list of Treasury-authorized
companies, write or call the Surety Bond Branch, Financial Management Services,
Department of the Treasury, Washington D.C. 20227; (202) 874-6850.
2.2.2 The performance bond(s) shall be conditioned such that if the Permittee defaults on the
mitigation requirements stated in the special conditions herein, the bonding company
shall assume all responsibility for the mitigation requirements of this permit.
2.2.3 The performance bond(s) shall be released only upon a determination by the Corps that
successful mitigation has been completed.
c o
2.2.4 The Permittee shall submit a draft bond with an itemized costs list for the mitigation
components relating to the initial phase of work (Calavera Hills Phase n, College
Reaches B and C, detention basin BJB and Cannon Reach 3) to the Corps for approval at
least five days prior to initiating waters/wetlands impact authorized by this permit. A
second bond with an itemized costs list for the mitigation components relating to the
second phase of work (College Reach A and detention basin BJ) shall be submitted at
least 60 days prior to commencing work on College Reach A or detention basin BJ.
2.2.5 The Permittee shall submit the final bond for the amount approved by the Corps for the
initial phase of work within 30 days of initiating waters/wetlands impact authorized by
this permit. In the event mitigation costs exceed or otherwise deviate from the amount
of the performance bond (120% of anticipated cost of mitigation and monitoring)
originally posted, the Permittee shall revise the performance bond to reflect true cost
(based on the final Corps-approved mitigation and monitoring plan). The Permittee
shall submit the final bond for the amount approved by the Corps for the second phase
of work at least 15 days prior to commencing work on College Reach A or detention
basin BJ.
2.3 The Permittee shall abide by the terms and conditions of the Mitigation Guidelines &
Monitoring Requirements outlined in the Habitat Restoration and Monitoring Plan for the City
of Carlsbad Bridge & Thoroughfare District No. 4, the Calavera Hills Project, and the Detention
Basins Project in Carlsbad, California, dated April 3, 2002, as approved and revised by the
Corps, and hereafter referred to as the "Plan" as follows:
2.3.1 The Permittee shall finalize the Plan within 90 days of issuance of this permit. The Final
Plan shall incorporate Corps comments on the draft as well as the final plans and
specifications for each of the different mitigation sites.
2.3.2 The Permittee shall establish and maintain the open space conservation areas for project
riparian mitigation areas associated with each of the two phases of impacts. The
Permittee shall record conservation easements, which shall run with the land, obligating
the Permittee or their successor or assigns to maintain all mitigation (creation,
enhancement and preservation) area as natural open space in perpetuity. The Permittee
shall receive written approval from the Corps for the easement language prior to it
being recorded. The Corps-approved conservation easement for the area underlying the
initial phase of mitigation shall be submitted to Corps-approved recipient of the
easement no later than 90 days from the date of issuance of the permit. The form of
conservation easement for the area underlying the second phase of mitigation shall be
approved by the Corps at least 30 days prior to the commencement of work on College
Boulevard Reach A and detention basin BJ. The Corps-approved conservation easement
for the area underlying the second phase of mitigation shall be submitted to the Corps-
approved recipient of the easement prior to commencing work on College Reach A or
detention basin BJ.
2.3.3 The Permittee shall xfreate 10.7 acresjaf vegetated riparian habitat, as presented in the
Plan. Of this total, S.ricres will consist of riparian woodland, 1.7 acre will consist of
riparian scrub, 0.7 acre of cismontane alkali marsh, and 0.2 acre of non-wetland waters,
as described in the Habitat Restoration and Monitoring Plan for the City of
Carlsbad Bridge & Thoroughfare District No. 4, the Calavera Hills Project, and
the Detention Basins Project in Carlsbad, California, dated April 3,2002.
2.4 The Permittee shall temporarily avoid work in areas near potentially eligible sites for listing
under the National Register of Historic Places (NRHP), including CA-SDI-9092, CA-SDI-
9093/9094, CA-SDI-9615, CA-SDI-15069, CA-SDI-5434, SA-SDI-5436, and Temp 5, until the
Corps, in coordination with the State Historic Preservation Office, has completed the Section
106 process and a determination of findings is made. Until the process is complete, the
Permittee shall:
2.4.1 Place Exclusionary Fencing, five days prior to initiation of construction, around CA-
SDI-9092, CA-SDI-9093/9094, CA-SDI-9615, CA-SDI-15069, CA-SDI-5434, SA-SDI-5436,
and Temp 5. No work shall be performed within a 100-foot radius of CA-SDI-9092, CA-
SDI-9093/9094, CA-SDI-9615, CA-SDI-15069, CA-SDI-5434, SA-SDI-5436, and Temp 5.
2.4.2 Perform all further investigations, studies and mitigation, as directed by the Corps, to
determine if site(s) is\(are) eligible for listing under the NRHP. The Permittee shall
fund all investigations required by the Corps. For reporting purposes, the Permittee
shall prepare a Draft Mitigation Plan, which shall be submitted for Corps review and
approval. Following completion of the investigations, a Final Report shall be prepared
by the Permittee and submitted for Corps approval.
2.4.3 Request Corps release of the site(s), upon completion of the cultural resource
investigations. Again, no construction work shall be conducted within the exclusion
area until the Corps provides a letter indicating site compliance has been completed.
Once the findings of the evaluation have been determined, work efforts may be
permitted with modifications and if only all appropriate mitigation measures are
undertaken, per 36 CFR 800.11.
2.4.4 Not perform any activities which may affect historic properties listed, or eligible for
listing, in the NRHP is authorized, until the District Engineer (DE) has complied with
the provisions of 33 CFR Part 325, Appendix C. The Permittee must notify the DE if the
authorized activity may affect any historic properties listed, determined to be eligible
for listing, or which the Permittee has reason to believe may be eligible for listing on the
NRHP, and shall not begin the activity until notified by the DE that the requirements of
the National Historic Preservation Act have been satisfied and that the activity is
authorized.
2.4.5 Immediately suspend all work in an area(s) where potential cultural resources are
discovered prior to or during construction and cannot be avoided. Work will not
resume until the Corps re-authorizes project construction, per 36 CFR 800.11.
3.1 The Permittee shall submit a "Post-Construction Operations Report" to the Corps
within 30 days from the date construction is completed. The Post CO Report shall include:
3.1.1 A summary of project compliance with the measures identified above (including
noncompliance and corrective actions taken to achieve compliance); and
3.1.2 As-built plans of the Calavera Hills, Phase II, project development with a discussion of
any variances from the authorized Plan.
3.2 The Permittee shall be responsible for mitigating any additional impacts to waters of the
U.S. outside the authorized construction footprints. Additional mitigation shall be conducted
at a minimum ratio of 5:1. In the event that additional mitigation is required, the type of
mitigation shall be determined by the Corps and may include enhancement, restoration,
.creation, or preservation.
3.3 The Permittee shall submit monitoring reports, per the Mitigation Guidelines and
Monitoring Requirements for the Plan (Condition No. 2.3 above) for mitigation efforts
to the Corps for a minimum of five years and until such a time as the mitigation is
deemed successful by the Corps.
Further Inf ormation:
1. Congressional Authorities. You have been authorized to undertake the activity described
above pursuant to:
( ) Section 10 of the River and Harbor Act of 1899 (33 U.S.C. 403).
(X) Section 404 of the Clean Water Act (33 U.S.C. 1344).
( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33
U.S.C. 1413).
2. Limits of this authorization.
2.1 This permit does not obviate the need to obtain other Federal, state, or local authorizations
required by law.
2.2 This permit does not grant any property rights or exclusive privileges.
2.3 This permit does not authorize any injury to the property or rights of others.
2.4 This permit does not authorize interference with any existing or proposed Federal project.
3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume
any liability for the following:
3.1 Damages to the permitted project or uses thereof as a result of other permitted or
unpermitted activities or from natural causes.
3.2 Damages to the permitted project or uses thereof as a result of current or future activities
undertaken by or on behalf of the United States in the public interest.
3.3 Damages to persons, property, or to other permitted or unpermitted activities or structures
caused by the activity authorized by this permit.
3.4 Design or construction deficiencies associated with the permitted work.
3.5 Damage claims associated with any future modification, suspension, or revocation of this
permit.
4. Reliance on Applicant's Data. The determination of mis office that issuance of this permit is
not contrary to the public interest was made in reliance on the information you provided.
5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any
time the circumstances warrant. Circumstances that could require a reevaluation include, but are
not limited to, the following:
5.1 You fail to comply with the terms and conditions of this permit.
5.2 The information provided by you in support of your permit application proves to have been
false, incomplete, or inaccurate (See 4 above).
5.3 Significant new information surfaces which this office did not consider in reaching the
original public interest decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension,
modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures
such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures
provide for the issuance of an administrative order requiring you to comply with the terms and
conditions of your permit and for the initiation of legal action where appropriate. You will be
required to pay for any corrective measure ordered by this office, and if you fail to comply with
such directive, this office may in certain situations (such as those specified in 33 CFR 209.170)
accomplish the corrective measures by contract or otherwise and bill you for the cost.
6. Extensions. General condition 1 establishes a time limit for the completion of the activity
authorized by this permit. Unless there are circumstances requiring either a prompt completion
of tine authorized activity or a reevaluation of the public interest decision, the Corps will normally
give you favorable consideration to a request for an extension of this time limit.
Your signature below, as permittee, indicates that you accept and agree to comply with the terms
and conditions of this permit
PERMITrEE < > DATE
, ,/. ^
PERMTITEE V ^i>^^ DATE
C/TX
This permit becomes effective when the Federal official, designated to act for the Secretary of the
Army, has signed below.
MarkF.Sudol,D.Eilv. DATE
Chief, Regulatory Branch
When the structures or work authorized by this permit are still in existence at the time the
property is transferred, the terms and conditions of this permit will continue to be binding on the
new owner(s) of the property. To validate the transfer of this permit and the associated liabilities
associated with compliance with its terms and conditions, have the transferee sign and date
below.
TRANSFEREE DATE
LOS ANGELES DISTRICT
U.S. ARMY CORPS OF ENGINEERS
CERTIFICATION OF COMPLIANCE WITH
DEPARTMENT OF THE ARMY PERMIT
Permit Number 2001-00215-RLK
Name of Permittee: daavera Hills II, LLC
Date of Issuance:
Upon completion of the activity authorized by this permit, sign this certification and return
it to the following address:
Regulatory Branch - Los Angeles District Office
ATTN: CESPL-COR-2001-00215-RLK
P.O. Box 532711
Los Angeles, California 90053-2325
Please note that your permitted activity is subject to a compliance inspection by an Army
Corps of Engineers representative. If you fail to comply with this permit you may be subject to
permit suspension, modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has been
completed in accordance with the terms and conditions of said permit.
Signature of Permittee Date
Signature of Permittee Date
10
|OD
PROPOSED PROJECT
STATE OF CALIFORNIA-THE RESOURCES AGENCY GRAY DAVIS. Governor
DEPARTMENT OF FISH AND GAME
South Coast Region
4949 Viewridge Avenue
San Diego, California 92123
(858) 467-4201
FAX (858) 467-4235
June 03, 2002
Calavera Hills n,LLC
Attn: Brian Milich
2727 Hoover Avenue
National City, CA 91950
Dear Mr. Milich:
Enclosed is Streambed Alteration Agreement R5-2001-0007 that authorizes work on the
Calavera Hills n project impacting Calavera and Agua Hedionda Creeks in San Diego County.
This action is authorized under Section 1600 of the Fish and Game Code and has been approved
by the California Department of Fish and Game. Pursuant to the requirements of the California
Environmental Quality; Act /CEQ A), the Department filed a Notice of Determination (NOD) on
the project on ££> /&5/03 _ . Under CEQA regulations, the project has a 30-day
statute of limitations on court challenges of the Department's approval under CEQA
The Department believes that the project fully meets the requirements of the Fish and
Game Code and CEQA However, if court challenges on the NOD are received during the 30-
day period, then an additional review or even modification of the project may be required. If no
comments are received during the 30-day period, then any subsequent comments need not be
responded to. This information is provided to you so that if you choose to undertake the project
prior to the close of the 30-day period, you do so with the knowledge that additional actions may
be required based on the results of any court challenges that are filed during that period.
Please contact Tamara Spear at (858) 467-4223 if you have any questions regarding the
Streambed Alteration Agreement.
Sincerely,
Sorooic
Regional Manager
RECEIVED
H n Hi fi ^sw^i'i
JUL ° 9 Ml
LADWIG DESIGN GR
Enclosure
cc: Tamara Spear
loa-
CALIFORNIA DEPARTMENT OF FISH AND GAME
4949 Viewridge Avenue
San Diego, California 92123
Notification R5-2001-0007
AGREEMENT REGARDING PROPOSED STREAM OR LAKE ALTERATION
THIS AGREEMENT, entered into between the State of California, Department of Fish and
Game, hereinafter called the Department, and Mr. David Hauser. representing City of Carlsbad.
1635 Faraday Avenue. Carlsbad. CA 92008-7314 and Mr. Brian Milich. representing Calavera
Hills II. LLC. 2727 Hoover Avenue. National City. CA 91950 State of California, hereinafter
called the Operators, is as follows:
WHEREAS, pursuant to Section 1601 of California Fish and Game Code, the Operator, on the
5th day of January. 2001. notified the Department that they intend to divert or obstruct the
natural flow of, or change the bed, channel, or bank of, or use material from the streambed(s) of,
the following water(s): unnamed tributaries to Calavera and Agua Hedionda Creek. Little
Encinas Creek. Calavera Creek and Agua Hedionda Creek, tributaries to Aqua Hedionda
Lagoon, San Diego County, California, Section^ _Township_ Range_.
WHEREAS, the Department (represented by Tamara Spear through a site visit on the
15th day of February. 2001) has determined that such operations may substantially adversely
affect those existing fish and wildlife resources within the streambed of unnamed tributaries to
Calavera and Agua Hedionda Creek. Little Encinas Creek Calavera Creek and Agua
Hedionda Creek, tributaries to Agua Hedionda Lagoon, specifically identified as follows:,
Birds: California qnatcatcher (Polioptila califomica califomicaY least Bell's vireo (V/'reo bellii'
pusillus), southwestern willow flycatcher (Empidonax traillii extimus). Cooper's hawk (Accioiter
coooeri). white-tailed kite (Elanus leucurus). northern harier (Circus cyaneus), sharp-shinned
hawk (Accioiter striatus). red-tailed hawk (Buteo iamaicensis). loggerhead shrike (Lanius
ludovicianus), California quail (Callipepla califomica), mourning dove (Zenaida macroura).
California homed lark (Eremoohila alpestris actia), coastal cactus wren (Campvlorhvnchus
brunneicapillus couesi). Nuttall's woodpecker (Picoides nuttallii), black phoebe (Savomis
nigricans), scrub iav (Aphelocoma coervlescens), American crow (Corvus brachvrhvnchos).
common raven (Corvus corax). Anna's hummingbird (Ca/ypte anna). Bewick's wren
(Thrvomanes bewickii), northern mockingbird (Mimus polyglotios), vellow-rumped warbler
(Dendroica coronata), spotted towhee (Pipilo maculatus), California towhee (Pipilo crissalis).
yellow-breasted chat (Icteria virens). Bell's sage sparrow (Amphisoiza belli belli), blue grosbeak
(Guiraca caerulea], tri-colored blackbird (Agelaius tricolofr. Amphibians: Pacific tree frog (Hvla
reoilla): Reptiles: San Diego homed lizard (Phrynosoma carinatum blainvillei). western fence
lizard (Sceloporous occidentatis), Belding's orangethroat whiptail (Cnemidophorus hyperythrus
beldinQi), coast patch-nosed snake (Sa/vadora hexalepis vinjulteaY red diamond rattlesnake
(Crotalus exsul); Mammals: San Diego desert woodrat (Neotoma lepida intermedia), coyote
(Canis latrans), desert cottontail (Sv/W/aqus audubonii). San Diego black-tailed jack rabbit
(Leous califomicus bennettii); Plants: thread-leaved brodiaea (Brodiaea filifolia). Nuttall's scrub
oak (Quercus dumosa). Palmer's qrapplinghook (HarpagoneHa palmeri var. oalmeri).
southwestern spiny rush (Juncus acutus). ashy spike-moss (Selaoinella cinerascens). California
adolphia (Adolphia califomica). western dichondra (Dichondra occidentalism including the
riparian woodland/scrub, riparian forest, freshwater marsh, cismontane alkali marsh, seasonal
cismontane alkali marsh and surrounding native grassland, coastal sage scrub, chamise
chaparral, southern mixed chaparral, eucalyptus woodland and non-native grassland which
provide habitat for such species in the area.
THEREFORE, the Department hereby proposes measures to protect fish and wildlife
resources during the Operator's work. The Operator hereby agrees to accept the following
measures/conditions as part of the proposed work.
_ Page 1 of 6
STREAMBED ALTERATION AGREEMENT #R5-2001-0007
If the Operator's work changes from that stated in the notification specified above, this
Agreement is no longer valid and a new notification shall be submitted to the Department of Fish
and Game. Failure to comply with the provisions of this Agreement and with other pertinent
code sections, including but not limited to Fish and Game Code Sections 5650, 5652, 5937, and
5948, may result in prosecution.
Nothing in this Agreement authorizes the Operator to trespass on any land or property,
nor does it relieve the Operator of responsibility for compliance with applicable federal, state, or
local laws or ordinances. A consummated Agreement does not constitute Department of Fish
and Game endorsement of the proposed operation, or assure the Department's concurrence
with permits required from other agencies.
This Agreement becomes effective the date of Department's signature and terminates May 15.
2007 for project construction only. This Agreement shall remain in effect for that time necessary
to satisfy the terms/conditions of this Agreement.
1. The following provisions constitute the limit of activities agreed to and resolved by this
Agreement. The signing of this Agreement does not imply that the Operator is precluded from
doing other activities at the site. However, activities not specifically agreed to and resolved by
this Agreement shall be subject to separate notification pursuant to Fish and Game Code
Sections 1600 et seq.
2. The Operator proposes to alter the streambed of unnamed tributaries to Calavera and
Aqua Hedionda Creek. Little Encinas Creek. Calavera Creek and Aqua Hedionda Creek,
tributaries to Agua Hedionda Lagoon, to accommodate the construction of the Calavera Hills,
II Development Project and the construction of College Boulevard Reaches A, B and C, Cannon
Road Reach 3, and Detention Basins BJ and BJB. The project is bounded by the existing
northerly villages of Calavera Hills on the north, and the El Camino Real/College Boulevard
intersection on the south, within the city of Carlsbad, San Diego County. The project impacts
2.87 acres of streambed.
3. The agreed work includes activities associated with No. 2 above. The project area is located
within the streambed of unnamed tributaries to Calavera and Agua Hedionda Creek. Little
Encinas Creek. Calavera Creek and Agua Hedionda Creek, tributaries to Agua Hedionda
Lagoon. San Diego County. Specific work areas and mitigation measures are described on/in
the plans and documents submitted by the Operator, including a "Biological Technical Report for
the Calavera Hill Master Plan Phase II. Bridge and Thoroughfare District, and Detention Basin",
prepared by RECON. Environmental Consultants, dated May 10. 2000: "Final Habitat
Restoration and Monitoring Plan for the City of Carlsbad Bridge & Thoroughfare District No. 4.
the Calavera Hills Project, and the Detention Basins Project in Carlsbad. CA". prepared by
RECON Environmental Consultants, dated April 3. 2002: a "Final EIR for the Calavera Hills
Master Plan Phase II. Bridge and Thoroughfare District No. 4. & Detention Basins", prepared by
RECON Environmental Consultants, dated November 2001: a "Biological Assessment for the
Calavera Hills Master Plan Phase II & Bridge and Thoroughfare District no. 4 & Detention Basin
Project. City of Carlsbad. CA", prepared by RECON Environmental Consultants, dated August
21. 2000: and shall be implemented as proposed unless directed differently by this agreement.
4. the Operator shall not impact more than 2.87 acres of jurisdictional streambed comprised of
2.42 acres riparian woodland/scrub, 0.18 acre cismontane alkali marsh, 0.05 freshwater marsh,
and 0.24 acre unvegetated streambed. Impacts to riparian woodland/ scrub shall be mitigated
at a 4:1 ratio, cismontane alkali marsh and freshwater marsh shall be mitigated at a 3:1 ratio and
unvegetated waters at 1:1 for a total mitigation acreage requirement of 10.61 acres (9.68 riparian
woodland/scrub, 0.54 cismontane alkali marsh, 0.15 freshwater marsh and 0.24 unvegetated
streambed). All mitigation shall be in-kind with the exception of unvegetated streambed. All
mitigation shall occur on-site at two locations. One mitigation area is upstream along Calavera
Creek and the other is within detention basin "BJ" along Little Encinas Creek. The Operator has
assured the Department that detention basin "BJ" will not require maintenance activities. Note: A
_ Page 2 of 6
STREAMBED ALTERATION AGREEMENT #R5-2001 -0007
20-foot distance put from the basin inlet will require maintenance to keep obstructions away from
the culvert, but this area is not counted as mitigation. Any impacts generated beyond those
described within this agreement shall be mitigated in-kind at a 5:1 ratio.
5. The Operator shall submit a Final Revegetation, Mitigation and Monitoring Plan for the 10.61
acres of wetland habitat restoration, creation and enhancement areas on-site. The plan shall
include a description of the proposed numbers, container sizes and planting location by species,
monitoring activities (locations, techniques, scheduling, etc.), maintenance operations with
emphasis on watering methods and schedules; the removal of invasive plant species, area
treated, techniques to be used, and schedule and success criteria for controlling invasive plants;
and any/all other references to revegetation and restoration activities specified by this agreement.
The Operator shall receive Department approval of the plan prior to project
initiation/impacts.
All revegetation (7.7 acres) of mitigation for Phase 1 impacts (Calavera Hills development, college
Blvd. Reaches B and C, Cannon Road Reach 3, Detention Basin BJB) shall be installed no later
than November 15. 2004. All revegetation (3.0 acres) of mitigation for Phase 2 impacts (College
Boulevard Reach A, Detention Basin BJ) shall be installed no later than May 15.2007.
6. The Operator shall not remove vegetation within the stream from March 15 to September 1 to
avoid impacts to nesting birds.
7. The Operator shall have a qualified biologist onsite daily during any impacts to vegetation for
the purpose of monitoring and enforcing conditions of this agreement.
8. No equipment shall be operated in ponded or flowing areas except for activities authorized by
this agreement. .
9. Disturbance or removal of vegetation shall not exceed the limits approved by the Department.
The disturbed portions of any stream channel shall be restored. Restoration shall include the
revegetation of stripped or exposed areas with vegetation native to the area.
10. Installation of bridges, culverts, or other structures shall be such that water flow is not
impaired, except for activity authorized by this agreement. Bottoms of temporary culverts shall be
placed at stream channel grade; bottoms of permanent culverts shall be placed at or below
stream channel grade.
11. Preparation shall be made so that runoff from steep, erodible surfaces will be diverted into
stable areas with little erosion potential. Frequent water checks shall be placed on dirt roads, cat
tracks, or other work trails to control erosion.
12. Water containing mu.d, silt or other pollutants from aggregate washing or other activities shall
not be allowed to enter a lake or flowing stream or placed in locations that may be subjected to
high storm flows.
13. Structures and associated materials not designed to withstand high seasonal flows shall be
removed to areas above the high water mark before such flows occur.
14. The perimeter of the work site shall be adequately flagged to prevent damage to adjacent
riparian habitat.
15. Staging/storage areas for equipment and materials shall be located outside of the stream.
16. The Operator shall comply with all litter and pollution laws. All contractors, subcontractors
and employees shall also obey these laws and it shall be the responsibility of the operator to
ensure compliance.
17. If a stream's low flow channel, bed or banks have been altered, these shall be returned as
— . Page 3 of 6
STREAMBED ALTERATION AGREEMENT #R5-2001-0007
nearly as possible to their original configuration and width, without creating future erosion
problems, excepting the2.87 acre of streambed impacts associated with condition No. 2 above.
18. Access to the work site shall be via existing roads and access ramps.
1.9. All mitigation planting shall have a minimum of 100% survival the first year and 80% survival
thereafter and/or shall attain 75% cover after 3 years and 90% cover after 5 years for the life of
the project. If the survival and cover requirements have not been met, the Operator is
responsible for replacement planting to achieve these requirements. Replacement plants shall be
monitored with the same survival and growth requirements.
20. All mitigation planting shall be done between October 1 and April 30 to take advantage of the
winter rainy season.
21. An annual report shall be submitted to the Department by January 1 (following the first
growing season) of each year for 5 years after planting. This report shall include the survival,
percent cover, and height of both tree and shrub species. The number by species of plants
replaced, an overview of the revegetation effort, and the method used to assess these
parameters shall also be included. Photos from designated photo stations shall be included.
22. A security in the form of an irrevocable letter of credit for the amount of 120% of the
complete on-site restoration shall be submitted to the Department prior to initiation of construction
activities. This amount shall be based on a cost estimate which shall be submitted to the
Department for approval within 30 days of signing this Agreement. The security shall be
approved by the Department's legal advisors prior to its execution, and shall allow the
Department at its sole discretion to recover funds immediately if the Department determines there
has been a default. The legal advisors can be contacted at (916)654-3821.
In lieu of the security described above, the Operator may provide written evidence to the
Department's satisfaction that security in the form of a performance bond has been provided to
the U.S. Army Corps of Engineers for the same restoration mitigation plan, within 30 day of
signing this agreement.
23. A biological conservation easement shall be recorded on the riparian mitigation areas of the
project to protect fish and wildlife resources in perpetuity. The easement shall be in favor of the
Center for Lands Management, the Department or the Department's designated agent and shall
be recorded within one year of signing this agreement, or as extended by the Department. The
form and content of the easement shall be approved by the Department's legal advisors prior to
its execution.
24. All terms and conditions under the federal Biological Opinion No. 1-6-01-F-1597 and Army
Corps permit No.200100215-SKB shall be enforceable by the Department under this agreement.
24. Spoil sites shall not be located within a stream, where spoil could be washed back into a
stream/lake, or cover aquatic or riparian vegetation.
25. Raw cement/concrete or washings thereof, asphalt, paint or other coating material, oil or
other petroleum products, or any other substances which could be hazardous to aquatic life,
resulting from project related activities, shall be prevented from contaminating the soil and/or
entering the waters of the state. These materials, placed within or where they may enter a
stream/lake, by Operator or any party working under contract, or with the permission of the
Operator, shall be removed immediately.
26. No debris, soil, silt, sand, bark, slash, sawdust, rubbish, cement or concrete or washings
thereof, oil or petroleum products or other organic or earthen material from any construction, or
associated activity of whatever nature shall be allowed to enter into or placed where it may be
washed by rainfall or runoff into, waters of the State. When operations are completed, any
excess materials or debris shall be removed from the work area. No rubbish shall be deposited
within 150 feet of the high water mark of any stream or lake.
— Page 4 of 6
STREAMBED ALTERATION AGREEMENT #R5-2001 -0007
27. No equipment maintenance shall be done within or near any stream channel where
petroleum products or other pollutants from the equipment may enter these areas under any
flow,
28. The Operator shall provide a copy of this Agreement to all contractors, subcontractors,
and the Operator's project supervisors. Copies of the Agreement shall be readily available
at work sites at all times during periods of active work and must be presented to any
Department personnel, or personnel from another agency upon demand.
29. The Department reserves the right to enter the project site at any time to ensure compliance
with terms/conditions of this Agreement
30. The Operator shall notify the Department, in writing, at least five (5) days prior to initiation
of construction (project) activities and at least five (5) days prior to completion of
construction (project) activities. Notification shall be sent to the Department at 4949 Viewridge
Avenue, San Diego, CA 92123 Attn: Tamara A. Spear
3.1. It is understood the Department has entered into this Streambed Alteration Agreement for
purposes of establishing protective features for fish and wildlife. The decision to proceed with the
project is the sole responsibility of the Operator, and is not required by this agreement It is
further agreed all liability and/or incurred cost related to or arising out of the Operator's
project and the fish and wildlife protective conditions of this agreement, remain the sole
responsibility of the Operator. The Operator agrees to hold harmless the State of California
and the Department of Fish and Game against any related claim made by any party or parties for
personal injury or any other damages.
32. The Operator shall request an extension of this agreement prior to its termination. Extensions
may be granted for up to 12 months from the date of termination of the agreement and are
subject to Departmental approval. The extension request and fees shall be submitted to the
Department's Region 5 office at the above address. If the Operator fails to request the extension
prior to the agreement's termination, then the Operator shall submit a new notification with fees
and required information to the Department Any activities conducted under an expired
agreement are a violation of Fish and Game Code Section 1600 et. seq.
33. The Department reserves the right to suspend or cancel this Agreement for other reasons,
including but not limited to the following:
a. The Department determines that the information provided by the Operator in support of the
Notification/Agreement is incomplete or inaccurate;
b. The Department obtains new information that was not known to it in preparing the terms and
conditions of the Agreement;
c. The project or project activities as described in the Notification/Agreement have changed;
d. The conditions affecting fish and wildlife resources change or the Department determines that
project activities will result in a substantial adverse effect on the environment.
34. Before any suspension or cancellation of the Agreement, the Department will notify the
Operator in writing of the circumstances which the Department believes warrant suspension or
cancellation. The Operator will have seven (7) working days from the date of receipt of this
notification to respond in writing to the circumstances described in the Department's notification.
During the seven (7) day response period, the Operator shall immediately cease any project
activities which the Department specified in its notification. The Operator shall not continue the
specified activities until that time when the Department notifies the Operator in writing that
adequate methods and/or measures have been identified and agreed upon to mitigate or
eliminate the significant adverse effect.
Page 5 of 6
'07
CONCURRENCE
(City of Carlsbad)
Ci/:
STREAMBED ALTERATION AGREEMENT #R5-2001-0007
V/Oi-
California Dept. of Fish and Game
(signature)
Mr. David Hauser
(title)
(Calavera Hills IU.LC)
(signature)
Mr. Brian Milich
(title)
/(date)
/.
(signature)(date)'
C.F. Ravsbrook. Regional Manager
(title)
Page 6 of 6
ATTACHMENT 5
TO
RON BALL'S 10-28-08 CORRESPONDENCE
March 23, 2001 5200 EL CAMINO REAL CARLSBAD, CA 92008-3899
Mr. Eric Munoz, Senior Planner
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
Re: Bridge & Thoroughfare District #4
Draft Environmental Impact. Report ("EIR Report")
Dear Mr. Munoz:
Our community, Rancho Carlsbad Country Club Estates, will be impacted considerably by the
highway extensions of Cannon "Reach 3", the intersection of Cannon and College, and the
College extension "Reach A", particularly the construction of Detention Basin BJ. This report
only addresses the "Reach A" portion of College, adjacent to the planned BJ Detention Basin
Thus, the EIR relates only to a- portion of the overall improvements proposed under the-Bridge
and Thoroughfare. When the BJ Detention Basin is constructed, we lose our RV Parking Area,
Maintenance Buildings and'related Maintenance Equipment Storage Area, our Garden, and the
balance of the remainder of our land will become inaccessible. Therefore, cur position is that the
issues relating to the B.T Detention Basin should be addressed at the outset of the phased
improvement.
In anticipation of the publication of this report, we have formed what we refer 1o as our "Blue
Ribbon" Committee, made up of individuals with extensive backgrounds in civil engineering, land
and building development, law, government and contracting. Their review found several areas of
concern that we want considered and modifications made in this report and in future planning.
We will identify each area of concern, suggest solutions that we believe are reasonable and that
can be done at a minimum of expense in relation to the overall cost of the project.
We recognize the need for these highway extensions due to current and future development plans,
and we do not intend to be antagonistic, but prefer to be viewed as cooperative. At the same
time, we are asking you and the City Government at large to recognize that Rancho Carlsbad has
been an established neighborhood for close to 30 years, maintaining a "Senior" lifestyle superior
to most senior communities in San Diego County, and we do not want our lifestyle, amenities,
and security reduced or jeopardized by these developments. Now for the specifics:
ADMINISTRATION
PHONE: (760)438-0333
FAX: (760)438-1308
1. Location of Cannon "Reach 3":
The EIR states that Alternate 1 of "Reach 3" is the preferred routing. We strongly
disagree, recommending Alternate 2. The Alternate 1 routing sweeps in too close to our
community. It will be less than 150 feet from 18 residences along Don Lorenzo Drive and
3 others at the North East end of our neighborhood. In fact, 40 residences are within 300
feet at the North East portion, in addition to the 14 residences in the North West section.
Alternative 1 negatively impacts the community, and there is no reasonable mitigation for
the noise, light, and other negative factors available for this alternative.
Comments Re: Alternative 2:
Alternate 2 of Cannon "Reach 3" does not impact our North East quadrant until it
approaches the College Avenue intersection and then only 4 residences are within
300 feet. Incidentally, all of the maps omit the 5 homes on the East side of Don Juan Dr.
at the North East corner.
In reviewing the Tables 4-2, 4-3, & 4-4, listing the mitigation impacts of Alternates 1 and
2, there are minimal differences. 1. the grading is a trade-off, in fact somewhat favorable
for Alternate 2. 2. the effect on vegetation is similar, and 3. the noise impact for
Alternate 2 is definitely less. These statements are all confirmed in the EIR, pages 327 &
328. The visual would be somewhat increased, but that's an acceptable trade-off for less
noise. The only other negative to Alternate 2 is the impact on existing agricultural
operations. It will move the highway 300 feet on average to the North. This wider
corridor of land can serve another purpose which we will elaborate on shortly.
Another concern of the Cannon Road, "Reach 3" alignment is the noise it will create on
our Northern border. The EIR indicates a 4 foot noise barrier wall will be constructed at
two locations. First of all, the tests were from ground level. Most all of our residences
are 30" to 40" above ground. The wall location at the West end of Cannon"Reach 3" is
insufficient in our view. The wall should start as close to the El Camino Real
intersection as possible. Those residences are already impacted by the noise from the
existing highway. To leave a gap of 300 feet is unacceptable noise abatement.
Furthermore, we insist the wall height be at least 6 feet, not 4 feet. This segment should
also extend 600 feet to the East at a point where it is at least 500 feet away from
residences. The same wall height, 6 feet, should be used on the East side after it passes
the farm house and becomes visible. Here again, the 6 foot wall should start 300 feet to
the West of the proposed site. All of these comments are based on Alternate 2.
2. Construction of Detention Basin BIB:
The order of phasing the proposed work is unacceptable because the current
recommendation places our community in serious jeopardy of a flood. The construction
of this basin is critical to the long planned mitigation for flood control, as a section of our
community is within the 100 year flood plan. The EIR addresses this subject; in fact,
assumes the basin will be in place (Table S-l). This is further discussed
in the hydrology section of this report verifying that the existing Calavera Creek parallel
to our community has become filled with silt. It goes on to state "In addition downstream
at El Camino Real, the bridge is currently unable to handle substantial flood flows". This
is stated on Page 278 of the EIR. The silting of our creek has occurred before any
significant construction has begun.
The EIR correctly points out the impact of future development to the North and North
East of our community. The increase in the amount of run-off will only aggravate what
already is a potential flood problem.
It seems to us that not only should the BJB Detention Basin be in place, but our creek
should be dredged and the problem at the El Camino Real bridge addressed before any
major construction of College and/or Cannon, "Reach 3", B & C begin. To do otherwise,
we believe, would be negligent. Our community was assessed in excess of $300,000
toward the cost of this dredging, which we are paying. Why hasn't this been moved to the
top of the agenda? We believe it is not receiving the priority that it should.
3. Recreation Vehicle Parking:
The proposed mitigation relating to the RV Parking is inadequate. The Cannon
"Reach A" section and the construction of Detention Basin BJ will eliminate our present
RV parking facilities and parking needs. We currently lease parking spaces to 46
residents. Some of the Rvs are up to 40 feet in length. We have a few "5th" wheelers,
where the pulling vehicle and trailer are longer still. Because of the size of many of these
vehicles, the aisles need to be wide enough to enable ease of parking. We need spaces for
about 10% of our residents, or 50 spaces. In addition, we have a "dump station" tied into
our sewer system and a vehicle wash area which is also used by many other residents for
their cars. This also drains into the same system, reducing pollution in our creeks. The
EIR allows about }A acre. This is totally inadequate. We need close to 3 acres to replace
what we use now.
4. Landscape/Maintenance Facilities:
There is no proposed mitigation relating to the deletion of the Landscape Maintenance
Facilities. At the rear of our Recreational Vehicle Parking Area is a Maintenance & Tool
shop and two smaller storage sheds for chemicals, as required by the EPA, and other
landscaping supplies and tools.
In addition, we park our dump truck, large mower, and several vehicles and carts used for
our extensive landscape maintenance, which requires a Landscape Manager and five
employees, full time.
The extension of College Avenue across our property will deprive the Association of the
vital space where it is now out of view from the residences. This, too, requires
"mitigation" and suitable relocation.
5. The Garden:
There is no proposed mitigation relating to the deletion of the Garden. One of the biggest
oversights of the EIR, in our opinion, is its failure to deal with the loss of three acres of
tillable soil actively cultivated by the Rancho Carlsbad Garden Club members.
Perhaps a few facts should be mentioned at this time. The Rancho Carlsbad Garden Club
was established in 1974. We have 95 residents representing 52 households (over 10%) as
current members of the club, with 128 garden plots under cultivation, many of these
growing winter as well as summer crops.
Some of our members have fruit trees which take many years to bring to yield, while
others grow an assortment of flowers, many of which grace our clubhouse at various
social events. The club provides produce at its "Farmer's Market" stand as a money
raising activity 2 or 3 times during the summer growing season, which is quite popular.
Many members supply free produce to neighbors and friends throughout our community.
This past year, the club held five outdoor picnic style dinners with entertainment, open for
all residents to attend, at a modest charge. The club is a major source of outdoor activity
for its members and of social benefit to the Rancho Carlsbad community at large. I am
sure we could get overwhelming medical opinion attesting to the therapeutic benefit, both
physical and mental, that gardening brings, especially to Seniors.
This three acres of garden also has considerable infrastructure. It is completely fenced, all
garden plots are sectioned off with fencing, with gravel paths throughout. There is under-
ground water (PVC piping) to all plots, supplied from our main pump and irrigation water
system. Many gardeners have erected tool sheds, which would be difficult to move, and
finally the soil has been enriched and productivity enhanced. It would take up to three
years to improve new, virgin soil.
The EIR goes into great detail concerning the need to mitigate Biological Resources.
What about some consideration for Human Resources?
This Garden is NOT a commercial farm, but a social activity that will cease to exist if
consideration is not given for its relocation on suitable land, contiguous to our community.
6. Proposed Solution For Replacement Of RV Parking, Maintenance Equipment & Garden Areas
By the selection of Cannon "Reach 3", Alternate 2, it frees up significant acreage
contiguous to our northern border with the Robertson land that it appears would provide
us the land we need to adequately relocate all of the facilities we lose when College
"Reach A" is constructed. In fact, the EIR suggests the use of Robertson land. We would
need a simple bridge constructed across Calavera Creek from our community, in order to
access this location. There are at least 2 or 3 sites that could be utilized for this purpose
tying into our existing streets, that would not adversely impact any resident's property.
This new location would also need to be secured with adequate fencing so as to maintain
our security and facilitate the regular patrolling of this area. As you may know, we not
only man our front entrance gate 24 hours, we employ a second person patrolling our
entire area and common buildings 24 hours, 7 days a week as well. The issue of security
will be increasingly important to us as highways open up our Eastern borders. That, too,
will need to be addressed in your future planning.
The EIR also recommends that the acreage (our acreage) cut off by College "Reach A"
to form the BJ Detention Basin be allowed "to go back to nature". The existing facilities,
i.e., paving, fencing, garden infrastructure, etc. is to be removed and the area replanted
with native material. No mention is made throughout this report of land acquisition costs
for this "cut off' land. It is not only denying us access, it is tantamount to a "taking".
This land has significant value, and we expect to receive fair compensation and fair
mitigation of the negative impacts on our community.
We are not necessarily looking for monetary value, but value in kind. We want the
facilities we will be losing to be replaced on sufficient contiguous land which leads us back
to the Robertson land North of our border assuming Alternate 2 of Cannon "Reach 3" is
the approved route. Without a survey it would appear that there would be sufficient
acreage to accommodate our needs. Obviously, this needs further investigation by all
parties.
So, what we are proposing is a possible "trade of land" that could involve the land owner,
Robertson, the Developer, McMillan, or other developers, in need of present or future
"Open Space" to satisfy environmental requirements.
We believe our proposals are reasonable and constructive, and we offer solutions that will resolve
our concerns and the regulatory guidelines of the various governmental bodies involved.
We would be happy to meet and discuss these issues with any and all parties concerned.
Very truly yours,
Bill Arnold, President
Rancho Carlsbad Owner's Association
CXI!: David Hauser, Deputy City Engineer
* Claude "Bud" Lewis, Mayor, City of Carlsbad
X Ann Kulcin, Mayor Pro Tern
fcRamona Finnila, Council Member
X Matt Hall, Council Member
xJulianneNygaard, Council Member
XSue Loftin, Attorney, R.C.O.A.
ir
>•'**%,
City of Carlsbad
Planning Department
September 18,2001
Bill Arnold
Rancho Carlsbad Mobile Home Park
5200 El Camino Real
Carlsbad, CA 92008
REVIEW OF DRAFT CITY RESPONSE LETTER - EIR 98-02
Please find attached a copy of the letter submitted by you and/or your group regarding the Draft
Environmental Impact Report (EIR) for the Calavera Hills/Bridge and Thoroughfare District #4
project. On the copy of your letter are markings in the margin which outline the itemized points
made in the letter. Also attached is the draft version of the City's response letter that addresses each
of the itemized points.
These responses have been prepared by the EIR consultant under the direction of city staff and are
now provided for your review prior to formal mailing. This is in keeping with our prior commitment
to provide you and your group the opportunity to review a draft version of the City's comments and
to briefly meet as well if appropriate.
Please review the attached draft response letter by Monday, October 1. Please do not submit
written comments to the City's draft comments. This level of interaction regarding the response
letter is not intended to create a new public input procedure.
If you do have comments, a brief meeting can be arranged to discuss the contents of the letter and the
nature of the comments, as a way to cooperatively disclose and understand all pertinent issues.
Please call me by October 1 to set up a meeting, otherwise the city will consider the prior
commitment to interact with you as the comments are finalized as completed.
After all EIR response letters are sent out, the project will move forward to Planning Commission
public hearings and then City Council. The timing and dates of the public hearings have not been
established.
I can be reached at (760) 602.4608.
Sincerely,
/ / I 64^10-t-
ERIC MUNOZ
Senior Planner
Attachments
c: Don Rideout, Principal Planner
David Hauser, Deputy City Engineer
Frank Jimeno, Associate Engineer
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us
V-'
DRAFT
Letter F - Rancho Carlsbad Owner's Association
As an introduction to the responses to the Association's letter that follow, it should be
noted that the area on the eastern end of the Rancho Carlsbad Mobile Home Park
property in which College Boulevard Reach A is proposed to be constructed was
previously dedicated by the property owner(s) in 1998 to the City of Carlsbad for
purposes of construction of this road. Dedication of land for the alignment of College
Boulevard through the property was a condition of approval of the permit authorizing the
creation of a condominium subdivision for individual ownership of homes within Rancho
Carlsbad (Parcel Map 17985 (MS 96-08). This dedication has created a noncontiguous,
remainder parcel easterly of the College Boulevard alignment. The RV storage and
community garden are presently located on this noncontiguous parcel.
1. A minimum 150 to 300 foot wide open space buffer is proposed between Cannon
Road Alternative 1 (and 3) alignment and the closest existing Rancho Carlsbad Mobile
Home Park residences. This buffer is considered adequate for minimizing compatibility
impacts between the uses. Subject to noise policy compliance, the typical minimum
buffer between major arterials and new residential areas in Carlsbad is 40 feet (Ordinance
21.45.090(b)(l)).
It is acknowledged that the grading, biological and visual impact differences for
Alternatives 1 and 2 are nominal. The impacts for Alternative 3 (the Reduced Vertical
Intersection Alignment) are measurably less. However, the draft EIR describes the
environmental benefits and drawbacks associated with each alignment. Alternative 1 is
considered the preferred alternative as it would require slightly less earthwork
(approximately 18,000 less cubic yards of grading), reduce the maximum manufactured
slope height from 60 feet to 30 feet, and create less of a visual quality impact. In
addition, under Alternative 1, the land use impacts to the agricultural operations at the
Robertson Ranch would be minimized. The noise modeling conducted as part of the
draft EIR for Alternative 2 indicated that four-foot-high noise barriers at the two
locations shown in Figure 3D-13 would comply with the City's noise standards for
residential uses. The need for a higher and more extensive barrier would not be
warranted given the roadway design, projected traffic volumes, and relationship of the
road to the RCMHP. In addition, the noise modeling for the project did include a
receiver location at the east side of Don Juan Drive at the northeast corner where the five
homes are located (see Figure3D-14).
2. Standard "ground level" testing is typically conducted at 24" to 36" above ground
surface. The subject tests are considered adequate for structures situated 30" to 40"
above grade. The DEIR conducted a scientific analysis of expected noise impacts
assuming the alternative roadway alignments and projected buildout traffic volumes,
including truck traffic. The identified noise barrier locations and heights resulting from
•I this analysis are identified. Additional noise barriers beyond those identified in the DEIR
^* can be provided if desired and required by the City, however they are not needed in order
^— for the roadway alternatives to comply with CEQA and the City's 60 dBA noise standard.
As shown on Tables 3D-8, 3D-9 and 3D-10, noise levels for all alternatives can be
mitigated through installation of a 4 to 6-foot high noise barrier wall in the locations
shown. This barrier will reduce noise levels to 60 dBA CNEL or less, in compliance with
City standards, for all three Cannon Road Reach 3 alternatives. The need for an
additional 300 feet of a noise barrier is not warranted based on the noise analysis
conducted for the roadway. The noise modeling takes into account the roadway noise
source and traffic conditions relative to the receiver locations (see Final EIR Figuure 3D-
14) and the results do not indicate the need for a noise wall within the 300-foot gap
referenced in this comment.
10
II
DRAFT
3. Comment noted. The City requires that post-development storm water be
contained to pre-development levels. The removal of silt from the creek will be a separate
project managed by the City of Carlsbad andwill be concurrently coordinated with
construction of the basin(s).
4. The questions asked as to City priorities and agendas are City policy and priority
questions, and are not within the purview of this DEIR. Phasing of the construction of
Basin BJB will be determined by the City of Carlsbad as the improvements are
implemented. However, it is anticipated that Basin BJB may be built in phases. Adequate
erosion control will be implemented during construction as required by the mitigation
measures identified in this DEIR. Erosion levels are required to be no worse or improved
from existing circumstances.
5. The standard of review for environmental impacts with regard to replacement of
the RV storage lot is the amount of lot necessary to comply with City zoning standards.
^^ The RV storage area and facilities in the present RCMHP lot significantly exceeds the
|H adopted City zoning standards. Per the City's zoning standards, the required area is
approximately 10,080 square feet (504 dwelling units X 20 sq. feet per unit). The
proposed approximately 0.5 acre (21,780 sq. feet) substantially exceeds the City's
minimum requirement. CEQA does not require that impacts to areas in excess of the
minimum required be considered a significant environmental impact. As such the DEIR
M| does not consider the RV storage replacement a significant environmental impact.
^^ In compliance with the City of Carlsbad zoning ordinance (Section 21.45.090), the
|H developer of College Boulevard Reach A will be required to install a 0.24-acre site (0.5-
acre maximum to allow for driveways and aisles) in an adjacent site to be approved by«the Director of Planning for the City of Carlsbad. Candidate areas for relocation of the
RV storage lot include a portion of the Rancho Carlsbad Partners' property between the
Rancho Carlsbad Mobile Home Park and the future College Boulevard Reach A, or on
•• the Robertson Ranch property immediately northwest of the mobile home park.
Additional study has been conducted on alternative locations for a replacement site
•
adjacent to future Detention Basin BJ, which is reflected in the Land Use section
(Chapter 3A) of the Final EIR. Resolution of this issue will occur prior to the issuance
} of a grading permit for College Boulevard Reach A.
^i The City may decide, at the Council's discretion, to provide for a full replacement of the
RV storage lot, beyond the minimums required for zoning compliance, outside of the
CEQA process. This replacement size will be addressed at the time that College Blvd.
Reach A is constructed, which will significantly change the access to the existing lot.
The issue of compensation or replacement of existing amenities will be addressed at the
time Reach A is brought forward for construction.
11
\\°\
DRAFT
6. This comment is noted. However, the loss of access to a landscape maintenance
area is not considered a significant environmental impact pursuant to CEQA guidelines.
In addition, the College Boulevard right-of-way in this location has been previously
dedicated to the City by the RCMHP landowner. CEQA does hot require that impacts
to areas in compliance with City requirements be considered a significant environmental
impact. As such the DEIR does not consider the loss of access to the
landscape/maintenance area a significant environmental impact. Outside of CEQA
however, the City may agree to replacement of the landscape facility. This issue will be
considered at the time that College Blvd. Reach A is brought forward for construction.
7. The elimination of a domestic garden, recognizing that even if it constitutes a
social and therapeutic activity, is not considered a significant environmental impact
pursuant to CEQA. CEQA does not require that impacts to areas in compliance with City
requirements be considered a significant environmental impact. As such the DEIR does
not consider the loss of garden a significant environmental impact. In addition, the
Rancho Carlsbad Mobile Home Park community garden is a use that is not required by
the City or other agencies. The loss of the garden is a result of implementing the previous
road dedication for College Boulevard and is therefore not considered a significant
environmental impact under CEQA.
8. These summary comments are acknowledged. Cannon Road Reach 3 Alternative
2 is considered a feasible alternative roadway alignment since the DEIR concludes that
all impacts can be mitigated to a level of insignificance. This finding is also made for
Alternatives 1 and 3. It should be noted however that the land purchase costs associated
with Alternative 2 are expected to be significantly higher than either Alternatives 1 or 3,
since Alternative 2 effectively bifurcates the existing agricultural operations, and renders
a larger area of the operations unusable for farming. Additionally, alignment alternatives
farther northerly would be expected to result in landowner proposals for development
between Rancho Carlsbad Mobile Home Park and Cannon Road, and would thus result in
minimal buffer of land uses from RCMHP to the north. These factors would tend to
support the alignment of Alternatives 1 and 3. The ability to construct a simple bridge
across Calavera Creek from the RCMHP for access as suggested in this comment is
considered limited given the wetland and associated permitting requirements in this
location.
At the time that the RCMHP landowner dedicated the College Boulevard Reach A land to
the City of Carlsbad, the access to this property was essentially severed. A determination
of the value of this cut off land will be negotiated in conjunction with acquisition of the
easements necessary to install the detention basin, and fair market compensation is
anticipated. Also, see responses F-7 above.
3. Environmental Analysis A. Land Use 3. E
b) Bridge and Thoroughfare District No. 4 Extension of College
Boulevard and Cannon Road and Detention Basins
The following measure shall be made a condition for approval for the master tentative
map's Final Map or Grading Plan, whichever occurs first:
• To mitigate the significant land use impact resulting from the elimination of 0.24 acre
of the Rancho Carlsbad Mobile Home Park RV storage lot from its existing location
within the footprint of proposed Basin "BJ," thejirQigct_applicant shall install a 0.24-
acre lot (exclusive of driveways) on an adjacent area. The selected site shall be
approved by the Director of Planning for the City of Carlsbad and shall be installed
prior to the beginning of construction for either Reach A of College Boulevard
(which will cut off resident access to the site), or installation of Detention Basin "BJ"
(which will have the potential to inundate the lot with flood waters). Candidate areas
for relocation would be within a convenient area of the Rancho Carlsbad Partners'
property between Rancho Carlsbad Mobile Home Park and the future College
Boulevard Reach A, or on the Robertson Ranch property immediately northwest of
the mobile home park. Although this area of the Robertson Ranch is proposed for
biological mitigation and revegetation requirements, a 0.24-acre RV storage lot (0.5
acre maximum to allow for driveways and aisles) could be accommodated within this
area. An environmental review for this relocation and proposed use would be required
when the final site for the RV storage lot is selected.
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ATTACHMENT 6
TO
RON BALL'S 10-28-08 CORRESPONDENCE
IIZ
RONALD R. BALL
CITY ATTORNEY
JANE MOBALDi
ASSISTANT CITY ATORNEY
CINDIE K. McMAHON
DEPUTY CfY A-TORNCV
JULIA L. COLEUAN
DEPUTY Cm' ATORNEV
CITY OF CARLSBAD
1200 CARLSBAD VILLAGE DRIVE
CARLSBAD, CALIFORNIA 92006-1989
(760) 434-2891
FAX: (760) 434-8367
' July 31,2002 RANDEE HARUB
SE3R6TAW TO &T t ATTOflNE"
ARDIS SciDEL
!,63A. aECRETAPV,'P»R*LE3AL
Ms. L Sue Loftin, Esq.
The Loftin Firm
4330 La Mia Village Drive, Suite 330
San Diego, CA 92122
Ms. Amy Nefouse, Esq.
Latham & Watkins
701 B St., Suits 2100
San Diego, CA 92101
RE: Processing of Entitlements for the Option Property
Dear Counsel:
This letter is to confirm the prior conversations and correspondence regarding the
processing of entitlements for the 5.7-acr.e option property and the remainder of
Robertson Ranch. As we discussed, to accomplish the goals of the respective parties, the
processing would need to proceed as follows:
1. Because the option property is currently part of a larger piece of property
known as Robertson Ranch, Calavera Hills IILLC (Calavera) will need to create a legal
Jot for the option property.
2. After the lot is created, Rancho Carlsbad Owners' Association (RCOA)
can then submit an application to rezone the option property from its current LC
designation to a R-l designation. It is anticipated that this will be done in conjunction
with RCOA's application for approval of RCOA's desired uses for the option property.
The details of this step are more fully discussed in the correspondence from Mr. Gary
Wayne, dated July 3, 2002, which is attached and incorporated here by reference,
3. Calavera can then submit an application to rezone Robertson Ranch,
excluding the option property, from its current LC designation to a PC designation.
4. Calavera can then submit an application for a Master Plan for the entire
Robertson Ranch., including the option property, along with an application to rezone tbe
option property from R-l 10 PC.
i_ur i LM UHW ><^g r^ut.
Ms. L. Sue Loftin, Esq.
Ms. Aniy Nefouse, Esq.
July 31, 2002
Page 2
The Master Plan will, show alternative uses for the option property. One alternative will
be the use contemplated by the opti.on agreement. The other alternative(s) will be those
contemplated by Calavera if the option to purchase the property is not exercised.
The purpose of rezoning the option property in two stages is to allow RCOA to move
forward with its entitlement applications immediately to determine whether the option
property can, in fact, be used for RCOA's desired purposes. If the option property were
to be initially zoned PC along with the rest of Robertson Ranch, RCOA would not be
able to process its entitlement applications until after the Master Plan for Robertson
Ranch is completed.
The steps outlined above are general guidelines and there may be timing variations that
will accomplish the parties' respective goals. For instance, although Step 2 indicates
RCOA will apply for the rezoning of the option property to R-l , Calavera could apply for
the rezoning as part of Step 3 instead if Calavera anticipates its rezoning application will
be completed prior to RCOA's use application. Similarly, the Master Plan subtnittal can
occur while the other applications are still pending because the processing time for the
Master Plan is expected to be longer than the processing time for the other applications.
It is also important to note that these steps represent City staff's best judgment based on
currently available information regarding how the processing of the various applications
can be accomplished to meet the parties' respective goals. As staff begins reviewing and
processing these applications, some modifications to this process may be required. Staff
will notify you if this occurs,
Further, nothing in this letter or in the option agreement is intended to confer any right to
have any application processed in a particular way or to provide any guarantee that any
application will be approved. The applications will be processed in the normal course of
the City's business and will be subject to the normal City approval processes.
Thank you for your cooperation and understanding. If you iiave any further questions
about the processing of the various applications, you may direct them to the City's
Planning Department at (760) 602-4610,
Sincerely.
CESTDIE K. McMAHON
Deputy City Attorney
Attachments
c: Gary Wayne, Assistant Planning Director
David Hauser, Deputy City Engineer
Van Lynch, Associate, Planner
Citv of Carlsbadwr _II______M____M|__|H_||^_^^^^^^^^^^^
Planning Department
July 3, 2002
Rancho Carlsbad Owner's Association
5200 El Camino Real
Carlsbad CA 92008
RE: RANCHO CARLSBAD MOBILE HOME PARK RV/GARDEN
RELOCATION - RMHP 96-01
Dear Mr. Kohl-
Ibis letter is a timely response to the meeting held at the City's Faraday building on June
12, 2002 where Rancho Carlsbad, McMillin Homes and the City discussed the option
agreement and the process to relocate the RV parking and garden area. As you recall, I
said I needed time to discuss the procedures outlined below with my superiors and if they
concurred I would send the procedures in a letter to your group sometime in early July.
Below is the outline of the City's process to complete the proposed relocation of the
facilities:
1. The creation of a separate parcel will be required. An alternative such as boundary
adjustment to include the property into Rancho Carlsbad Mobile Home Park
(RCMHP) would create multiple zonings on a property, which is not permitted. The
City would not require the adjustment of the Local Facilities Management Plan
boundaries, as no facilities would be impacted by the proposed use,
2. The proposed location for the RV storage area and community gardens property shall
be zone changed from Limited Control (LC) to Residential Single Family (R-l). This
would allow for the storage of vehicles on site pursuant to number 3 below and would
implement the RLM General Plan land use designation. This zoning designation
would be reviewed annually (21.52,150) until the option agreement js exercised. If
the option agreement were exercised the zoning would become permanent. If the
option agreement were not exercised, then the zoning designation would sunset with
the agreement, An appropriate zoning designation would be established as specified
within the Robertson Ranch Master Plan.
3. An amendment to the Residential Mobile Home Park Permit (RMHP 96-01, P. C,
Reso 4032) would need to be amended to relocate the RV storage facility and
community gardens.
4. A Special Use Permit for development within the floodplarii will be required.
5. A Hillside Development Permit will be required.
1635 Facanay Avenue • Carlsbad. CA 92008-7314 • (76,0) 602-4500 • FAX (760) 602-3559 • v/ww.ci carlshad.ca.us
RANCHO CARLSBAT TOBILE HOME PARK RV
GARDEN' RELOCATION - RMHP 96-01
JULY 3, 2002
PAGE 2 _______„_
6. The applicant shall prepare an Environmental Impact Assessment, Part One, for the
project because the City will need to conduct the required environmental review for
the project.
7. The Rancho Carlsbad Mobile Home Park shall amend their Condominium Plan as
necessary through the State of California. The amendment shall be consistent with
number 3 above.
McMillin Homes will process a Master Plan for the Robertson Ranch, which will show
two alternatives for the development area. One alternative will recognize the option
agreement for development of the property as an RV storage facility and community
garden for Rancho Carlsbad Mobile Home Park and the other will propose a Janduse that
would be compatible with existing and future land uses.
The above-mentioned development applications may be picked up at the Faraday
Building, 1635 Faraday Avenue. Please contact Van Lynch in the Planning Department
if you have any questions regarding the above.
Sincerely, ^ .'
GARY E. WAYNE
Assistant Planning Director
GEW:mh
David Hauser
Van Lynch
Brian Milich
McMillin Homes
2727 Hoover Avenue
National City, CA 91950
ATTACHMENT 7
TO
RON BALL'S 10-28-08 CORRESPONDENCE
****>
March 6, 2001
Mr. Eric Munoz, Senior Planner
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
Re: Bridge & Thoroughfare District #4
Draft Environmental Impact Report ("EIR Report")
Dear Mr. Munoz:
Our community, Rancho Carlsbad Country Club Estates, will be impacted considerably by the
highway extensions of Cannon "Reach 3," the intersection of Cannon and College, and the
College extension "Reach A," particularly the construction of Detention Basin BJ. This report
only addresses the "Reach A" portion of College, adjacent to the planned BJ Detention Basin.
Thus, the EIR relates only to a portion of the overall improvements proposed under the Bridge
and Thoroughfare. When the BJ Detention Basin is constructed, we lose our RV Parking Area,
Maintenance Buildings and related Maintenance Equipment Storage Area, our Garden, and the
balance of the remainder of our land will become inaccessible. Therefore, our position is that the
issues relating to the BJ Detention Basin should be addressed at the outset of the phased
improvement.
In anticipation of the publication of this report, The Rancho Carlsbad Homeowners' Association
(the "Association") formed what we refer to as our "Blue Ribbon" Committee, made up of
individuals with extensive backgrounds in land and building development, law, government, and
contracting. Their review found several areas of concern that we want considered and
modifications we want made in this report and in future planning. We will identify each area of
concern, suggest solutions that we believe are reasonable and that can be done at a minimum
expense in relation to the overall cost of the project.
We recognize the need for these highway extensions due to current and future development
plans. We do not intend to be antagonistic but want to be viewed as cooperative. At the same
time, we are asking you and the City Government at large to recognize that Rancho Carlsbad has
been an established neighborhood for close to 30 years, maintaining a "Senior" lifestyle superior
to most senior communities in San Diego County. We do not want our lifestyle, amenities, and
security reduced or jeopardized by these developments. Now for the specifics:
Mr. Eric Munoz, Senior Planner
March 6, 2001
Page 2
1. Location of Cannon "Reach 3":
The EIR states that Alternate 1 of "Reach 3" is the preferred routing. We strongly
disagree, recommending Alternate 2. The Alternate 1 routing sweeps in too close
to our community. It will be less than 150 feet from 18 residences along Don Lorenzo
Drive and 3 others at the North East end of our neighborhood. In fact, 40 residences are
within 300 feet at the North East portion, in addition to the 14 residences in the North
West section. Alternative 1 negatively impacts the community, and there is no
reasonable mitigation for the noise, light, and other negative factors available for this
alternative.
Comments Re: Alternative 2:
Alternate 2 of Cannon "Reach 3" does not impact our North East quadrant until it
approaches the College Avenue intersection, and then only 4 residences are within
300 feet. Incidentally, all of the maps omit the 5 homes on the East side of Don Juan
Drive
at the North East corner.
In reviewing the Tables 4-2, 4-3, & 4-4, listing the mitigation impacts of Alternates 1 and
2, there are minimal differences. The grading is a trade-off. The effect on vegetation is
similar, and the noise impact for Alternate 2 is definitely less. These statements
are all confirmed in the EIR, pages 327 & 328. The visual would be somewhat
increased, but that's an acceptable trade-off for less noise. The only other negative to
Alternate 2 is the impact on existing agricultural operations. It will move the
highway 300 feet, on average, to the North. This wider corridor of land can serve
another purpose which we will elaborate on shortly.
Another concern of the Cannon Road, "Reach 3" alignment is the noise it will create on
our Northern border. The EIR indicates a four-foot noise barrier wall will be constructed
at two locations. First of all, the tests were from ground level. Most all of our residences
are 30" to 40" above ground. The wall location at the West end of Cannon "Reach 3" is
insufficient in our view. The wall should start as close to the El Camino Real intersection
as possible. Those residences are already impacted by the noise from the existing
highway. To leave a gap of 300 feet is unacceptable noise abatement. Furthermore, we
insist the wall height be at least 6 feet, not 4 feet. This segment should also extend 600
feet to the East at a point where it is at least 500 feet away from residences. The same
wall height, 6 feet, should be used on the East side after it passes the farm house and
becomes visible. Here again, the 6 foot wall should start 300 feet to the West of the
proposed site. All of these comments are based on Alternate 2.
Mr. Eric Munoz, Senior Planner
March 6, 2001
Page3
2. Construction of Detention Basin B JB:
The order of phasing the proposed work is unacceptable because the current
recommendation places our community in serious jeopardy of a flood. The construction
of this basin is critical to the long planned mitigation for flood control, as a section of our
community is within the 100 year flood plain. The EIR addresses this subject; in fact,
assumes the basin will be in place (Table S-l). This is further discussed in the hydrology
section of this report, verifying that the existing Calavera Creek parallel to our
community has become filled with silt. It goes on to state "In addition downstream at El
Camino Real, the bridge is currently unable to handle substantial flood flows". The
silting of our creek has occurred before any significant construction has begun.
The EIR correctly points out the impact of future development to the North and North
East of our community. The increase in the amount of run-off will only aggravate what
already is a potential flood problem.
It seems to us that not only should the BJB Detention Basin be in place, but our creek
should be dredged and the problem at the El Camino Real bridge addressed before any
major construction of College and/or Cannon, "Reach 3", B & C begin. To do otherwise,
we believe, would be negligent. Our community was assessed $300,000 toward the cost
of this dredging, which we are paying. Why hasn't this been moved to the top of the
agenda? We have reason to believe it is not receiving the priority that it should.
3. Recreation Vehicle Parking:
The proposed mitigation relating to the RV Parking is inadequate. The Cannon "Reach
A" section and the construction of Detention Basin BJ will eliminate our present RV
parking area. The EIR addresses this but does not allow sufficient acreage to replace our
existing facilities and parking needs. We currently lease parking spaces to 46 residents.
Some of the RVs are up to 40 feet in length. We have a few "5th" wheelers, where the
pulling vehicle and trailer are longer still. Because of the size of many of these vehicles,
the aisles need to be wide enough to enable ease of parking. We need spaces for about
10% of our residents, or 50 spaces. In addition, we have a "dump station" tied into our
sewer system and a vehicle wash area which is also used by many other residents for their
cars. This also drains into the same system, reducing pollution in our creeks. The EIR
allows about 1A acre. This is totally inadequate. We need close to 3 acres to replace what
we use now.
4. Landscape/Maintenance Facilities:
There is no proposed mitigation relating to the deletion of the Landscape Maintenance
Facilities. At the rear of our Recreational Vehicle Parking Area is a Maintenance & Tool
Mr. Eric Munoz, Senior Planner
March 6, 2001
Page 4
shop and two smaller storage sheds for chemicals, as required by the EPA, and other
landscaping supplies and tools.
In addition, we park our dump truck, large mower, and several vehicles and carts used for
our extensive landscape maintenance, requiring a Landscape Manager and five
employees, full time.
The extension of College Avenue across our property will deprive the Association of the
vital space where the Landscape Maintenance Facilities are now out of view from the
residences. This, too, requires "mitigation" and suitable relocation.
5. The Garden:
There is no proposed mitigation relating to the deletion of the Garden. One of the biggest
oversights of the EIR, in our opinion, is its failure to deal with the loss of three acres of
tillable soil actively cultivated by the Rancho Carlsbad Garden Club members.
Perhaps a few facts should be mentioned at this time. The Rancho Carlsbad Garden Club
was established in 1974. We have 95 residents, representing 52 households (over 10%),
as
current members of the club, with 128 garden plots under cultivation; many of these
growing winter, as well as summer crops.
Some of our members have fruit trees which take many years to bring to yield, while
others grow an assortment of flowers, many of which grace our clubhouse at various
social events. The club sells produce at its "Farmer's Market" stand as a money raising
activity 2 or 3 times during the summer growing season, which is quite popular, and
many members supply free produce to neighbors and friends throughout our community.
This past year, the club held five outdoor picnic style dinners with entertainment, open
for
all residents to attend, at a modest charge. The club is a major source of outdoor activity
for its members and of social benefit to the Rancho Carlsbad community at large. We are
sure we could get overwhelming medical opinion attesting to the therapeutic benefit, both
physical and mental, that gardening brings, especially to Seniors.
This three acres of garden also has considerable infrastructure. It is completely fenced,
all garden plots are sectioned off with fencing, with gravel paths throughout. There is
under-ground water (PVC piping) to all plots, supplied from our main pump and
irrigation water system. Many gardeners have erected tool sheds, which would be
difficult to move, and finally the soil (loam) would take up to three years to develop from
new, virgin soil.
Mr. Eric Munoz, Senior Planner
March 6, 2001
Page 5
The EIR goes into great detail concerning the need to mitigate Biological Resources.
What about some consideration for Human Resources?
This Garden is NOT a commercial farm, but a social activity that will cease to exist if
consideration is not given for its relocation on suitable land, contiguous to our
community.
6. Proposed Solution For Replacement of RV Parking, Maintenance Equipment & Garden
Areas:
By the selection of Cannon "Reach 3," Alternate 2, it frees up significant acreage
contiguous to our northern border with the Robertson land that appears would provide us
the land we need to adequately relocate all of the facilities we lose when College "Reach
A" is constructed. In fact, the EIR suggests the use of Robertson land. We would need a
simple bridge constructed from our community across Calavera Creek in order toaccess
this location. There are at least 2 or 3 sites that could be utilized for this purpose, tying
into our existing streets, that would not unduly impact any residents property.
This new location would also need to be secured with adequate fencing so as to maintain
our security and facilitate the regular patrolling of this area. As you may know,
we not only man our front entrance gate 24 hours, we employ a second person patrolling
our entire area and common buildings 24 hours as well. The issue of security will be
increasingly important to us as highways open up our Eastern borders. That, too, was not
discussed in the EIR and must be addressed in your future planning.
The EIR also recommends that the acreage (our acreage) cut off by College "Reach A"
to form the BJ Detention Basin be allowed "to go back to nature." The existing facilities,
i.e., paving, fencing, garden infrastructure, etc., is to be removed and the area replanted
with native material. No mention is made throughout this report of land acquisition costs
for this "cut off land. It is not only denying us access, it is tantamount to a "taking."
This land has significant value, and we expect to receive fair compensation and fair
mitigation of the negative impacts on our community.
We are not necessarily looking for monetary value, but value in kind. We want the
facilities we will be losing to be replaced on sufficient contiguous land which
leads us back to the Robertson land North of our border, assuming Alternate 2 of Cannon
"Reach 3" is the approved route. Without a survey, it would appear that there would be
sufficient acreage to accommodate our needs. Obviously, this needs further investigation
by all parties.
So, what we are proposing is a possible "trade of land" that could involve the land owner,
Robertson, the Developer, McMillan, or other developers in need of present or future
Mr. Eric Munoz, Senior Planner
March 6, 2001
Page 6
"Open Space" to satisfy environmental requirements.
We believe our proposals are reasonable and constructive, and we offer solutions that will
resolve our concerns and the regulatory guidelines of the various governmental bodies involved.
We would be happy to meet and discuss these issues with any and all parties concerned.
Very truly yours,
William G. Arnold, President
Rancho Carlsbad Owner's Association
CC: David Hauser, Deputy City Engineer
Claude "Bud" Lewis, Mayor, City of Carlsbad
Ann Kulcin, Mayor Pro Tern
Ramona Finnila, Council Member
Matt Hall, Council Member
Julianne Nygaard, Council Member
Sue Loftin, Attorney, R.C.O.A.
LOFTIN & WARD
ATTORNEYS AT LAW
An Association of Independent Law Firms
L. SUE LOFTIN THE PLAZA LA JOLLA VILLAGE
WILLIAM J. WARD 4330 LA JOLLA VILLAGE DRIVE, SUITE 330
• SAN DIEGO, CALIFORNIA 92122
BRANDY P. TYLER TELEPHONE (858) 535-9380 HUGH McLEAN , OF COUNSEL
JASMIN D. FLORES FACSIMILE (858)535-9381 (858)481-6861
WRITER'S DIRECT LINE
WEB ADDRESS: (858)535-9380 CLIENT/MATTER NUMBER
www.lavvvers.com/loftinward RCHOA-471
October 10, 2001
Eric Munoz, Senior Planner
Planning Department
City of Carlsbad
1635 Faraday Avenue
Carlsbad, California 92008-7314
Re: Draft EIR Analysis of Impacts on Rancho Carlsbad
Residents and Environment; Confirmation of Issues
Discussed at the October 2, 2001 meeting with you,
Don Rideout and David Mauser, and"the Homeowners
Association Committee re: Cannon/College.
Dear Mr. Munoz:
The purpose of this correspondence is to confirm the issues
and problems the Rancho Carlsbad Homeowners Association, through
its special committee Chaired by Mr. Bill Arnold for the
Cannon/College improvements, expressed with your draft EIR
mitigation statement regarding Rancho Carlsbad Country Club
Estates at the above referenced meeting.
To reiterate some of the history involving this
transaction, the dedication across Association property that was
requested and agreed to by the residents is prohibited by
statute. The reason this portion of the College dedication was
agreed to by the residents is that a solution to the issues
which potential severance of part of the property, the RV
storage, park maintenance storage facilities and work area, and
the garden area, from the balance of the property would be dealt
with when College actually came before the appropriate
governmental departments and bodies for approval.
LOFTIN&WARD
Eric Munoz, Senior Planner
October 29,2008
Page 2 of 3
The specific objections to the proposed mitigation assume
that alignment #1 for Cannon will be approved and are as
follows:
1. Noise/Cannon Road: The proposed four feet fence
between the homes and the roadway will not
sufficiently mitigate the noise from the roadway. The
Association is requesting a total noise buffer of 6-8
feet comprised of a combination wall and raised burm
with appropriate landscaping to provide additional
noise buffer for the residences situated long the
proposed alignment of Cannon Road.
2. Location of and access to the RV Storage Area, Gardens
and Maintenance Yard: The Association proposed an
exchange of the property between El Camino and the
Farm House located between the proposed Cannon Road
for Lots 3 and 4 of the Association property that will
be located on the other side of College from the
balance of the Association property. The Association
does not want an ingress/egress driveway from Cannon
Road. The goal is to have these areas accessible only
from the existing mobilehome park with a bridge across
the existing creek. Further, these areas would be for
use by only the Association Members and Residents, and
would be fenced to prohibit access from Cannon or any
other area, except the mobilehome park.
3. Vacation of Existing Easements: If the location is
approved for the replacement services of the
Association and the land swap occurs, then the
Association will request that all easements across
that property be vacated, except for access to the
sewer system.
4. Costs for infrastructure replacement & frontage
improvements are added to financing plan: In addition
to the above comments to the EIR, the Association is
requesting that the costs of the infrastructure
replacement and frontage improvements, if any, for
both Cannon and College along the Association property
LOFTIN & WARD
Eric Munoz, Senior Planner
October 29,2008
Page 3 of3
be added as costs to the financing plan.
5. Timing: The issues relating to the Association
property fall within two separate planning times: 1)
the planning time for the College/Cannon to El Camino
route and 2) the planning time for College from the
College/Cannon intersection to El Camino Real. The
Association wants to complete the exchange of property
as part of the College/Cannon to El Camino Real route
and the actual relocation be delayed and become part
of the College from College/Cannon intersection to El
Camino Real route. This addresses the Associations
concerns that the replacement property must be
preserved as part of the College/Cannon to El Camino
Real route development but, also, recognizes that the
relocation and replacement of the Association property
does not have to occur until the College from the
College/Cannon intersection to El Camino Real is
preparing to commence. Note that the
relocation/replacement of the Association property
would need to occur prior to the commencement of work
on that portion of College that will bisect the
community otherwise there will be no access to lots 3
and 4 of the Association property.
Thank you and your planning department associates for
meeting with the representatives of the Association.
Sincerely,
LOFTIN & WARD
By: L. Sue Loftin, Esq.
LSL:seb
C: Bill Arnold, Chairman
Don Rideout, Principal Planner
David Hauser, Deputy City Engineer
L. SUE LOFTIN
WILLIAM J. WARD
BRANDY P. TYLER
JASMIN D. FLORES
WEB ADDRESS:
www.lawvers.com/loftinward
Via Facsimile & U.S. Mail
LOFTIN & WARD
ATTORNEYS AT LAW
An Association of Independent Law Firms
THE PLAZA LA JOLLA VILLAGE
4330 LA JOLLA VILLAGE DRIVE, SUITE 330
SAN DIEGO, CALIFORNIA 92122
TELEPHONE (858) 535-9380
FACSIMILE (858)535-9381
WRITER'S DIRECT LINE
(858) 535-9380
December 6, 2001
HUGH MCLEAN , OF COUNSEL
(858)481-6861
CLIENT/MATTER NUMBER
RCHOA-471
Eric Munoz, Senior Planner
Planning Department
City of Carlsbad
1635 Faraday Avenue
Carlsbad, California 92008-7314
Re: Case File:
Case Name:
Hearing Date:
Dear Mr. Munoz:
EIR 98-02/GPA 99-03/MP 150(H)/LFMP
87-07(A)ZC 01-01/CT 00-02HDP 00-02
CALAVERA HILLS PHASE II/BRIDGE AND
THOROUGHFARE DISTRICT #4
December 19, 2001 @ 6:00 p.m.
The purpose of this correspondence is to confirm your discussion with Bill Arnold,
Rancho Carlsbad Homeowners' Association, Inc. ("HOA"), Chair of Special Committee, in
which you requested a meeting to discuss the specific concerns of the HOA in connection to its
objections to the above referenced and proposed EIR, Master Plan Amendment and Tentative
Map. The HOA appreciates the invitation to meet with you, and those that you deem appropriate
from the City Staff, after December 6, 2001 at which time there is a meeting with David Hauser,
and the developers in the area, to discuss some of these issues.
The HOA wants to be supportive of the project, but must fulfill its obligations to the
members and residents of the Association. To date, none of the issues and concerns raised by the
HOA has been addressed. Hopefully, there will be progress at the December 6, 2001 meeting.
The issues which are appropriate to address with you were contained in my correspondence to
you dated 10-10-01 and correspondence objecting to the application submitted to the U.S. Army
Corps of Engineers dated 11-9-01 and copied to the City. I am attaching copies of these two
referenced letters for your convenience.
W
LOFTIN & WARD
Eric Munoz, Senior Planner
October 29, 2008
Page 2 of4
There is one issue that has not been previously raised and which I just noted today in
reviewing the public notice: Is the flood mitigation sufficient? The reason the issue is important
is that as part of the conversion of Rancho Carlsbad one of the findings relating to the
requirement that the Offers of Dedication be made for the two creeks and the payment of
$300,000+ in flood mitigation costs was that upper development would have a negative impact
on the Rancho Carlsbad property. The negative impact referenced was the increase water flow
due to upstream development through the creeks resulting in an increase of flooding of the
Rancho Carlsbad property. Since none of the other flood impacts identified as part of the
findings in the approvals for the conversion as a "significant health and safety" issue have been
completed, this seems to pose a great risk to the residents of Rancho Carlsbad. Further, the City
required the "property owner" to indemnify the City in the event of flooding on Rancho
Carlsbad. It is important to the HOA that the City NOT approve a project that will increase the
risk of flooding in exactly the manner that was identified in the City's findings in 1996/1997.
Notwithstanding the foregoing, the following are additional comments based upon the
faxed response from you to the previous objections to the environmental impact findings:
1. You comment that the "land use impacts to the agricultural operations at the
Robertson Ranch would be minimized." The land use impacts to the residential
operations for senior citizens are at least equally important. Notwithstanding
your studies, the studies are averages and do not take into account high, intense
time periods and do not mitigate for those time periods. The HOA will not accept
this condition relating to noise.
2. Same comments regarding the defective methodically used to calculate the "true"
impact on the residential areas.
3. This response to the storm water risk does not make sense when read with the
conditions of approval of the negative declaration for the Rancho Carlsbad
project. The only conclusion is that either the findings in the Rancho Carlsbad
approvals are incorrect or this statement is incorrect. Specifically, upon built out
there will be significant impact to Rancho Carlsbad, unless there is significant
mitigation. The HOA specifically objects to the flood mitigation as proposed in
the EIR. To quote the Item Explanation, MTG. 12/3/96: Because the park is
within the 100-year flood plain, CRA was required to submit hydrology reports on
flooding of the park. The reports concluded that, at buildout, flooding beyond the
50-year frequency could be expected and recommended various improvements as
mitigation. The study also concluded that, consider the upstream-undeveloped
condition, immediate construction is not necessary. [Emphasis Added]
4. The EIR does not adequately address the mitigation of erosion levels during the
phase-in portions of the project. The "rule" is understood.
5.,6. & 7: The City seems to be "hanging" its hat on the fact that the owners of
Rancho Carlsbad dedicated the College Right of Way during the conversion
process. The following is from a section of materials submitted to David Hauser:
V. Summary of HOA Regarding the Approvals for Conversion.
At the time of the approval of the subdivision for Rancho Carlsbad Country Club Estates,
the City required as a Condition, of "Deeming the Application Complete", an agreement
from the applicants to dedicate the College Roadway. The Offer of Dedication was not
discussed among all parties on June 6, 1996, 11:00 a.m., Engineering Conference room
#1 with Dave Hauser, Clyde Wickham and Terri Woods present from the City of
Carlsbad, based upon the correspondence from the City staff dated May 28, 1996 relating
to incomplete conditions. It was not at that time a condition of approval for the
conversion of Rancho Carlsbad. The surprise nature of this condition was expressed in
correspondence to Mr. Clyde Wickham, dated August 13, 1996, page 2, item 4:
"Dedication of College: This item came as quite a surprise to all concerned. I
appreciate your frankness regarding this issue in acknowledging the last minute nature of
this condition. This is not an item of Health & Safety and can be dealt with when
proposals for other phases are submitted to the City. At this point in time, the Applicant
request this item be remove.. The Offer of Dedication was confirmed in correspondence
dated September 6, 1996 addressed to Robert J. Wojcik, P.E., along with numerous other
objections and/or compromises. Subsequently, the applications referenced by RMHP 96-
01/CT 96-06 were deemed complete. In order to process the SUP permit, the applicants
were required, pursuant to City Council Policy No. 17, to execute a Public Facilities Fee
Requirement Agreement and the applicants executed on or about April 23, 1999 said
agreement.
For the conversion of the park, several permits were required: RMHP 96-01,
Amendment to Master Drainage and Storm Water Quality Management Plan Dated
March 1994, RESO # 96-403; MS 96-08; PUD, Zone Change ZC 96-04, NS-392, etc. In
short, the use and issues relating to all four Lots that comprises the HOA property,
including without limitation, the use of Lot 4 (the "RV/Maintenance/Garden Lot") was
reviewed extensively. Specifically with reference to Lot 4, the discussion relating to
various "solutions" continued throughout the process. As an example of the
pervasiveness of this item see correspondence dated April 15, 1997 to Richard Rudolf,
page 2, item 7, relating to the unresolved use of Lot 4 and therefore, the unsuitability of
Lot 4 to secure the Financing Agreement.
Subsequent to all final approvals relating to the conversion of Rancho Carlsbad and
without the HOA being noticed or served, the City retained the services of Rick
Engineering to prepare and submit for approval a "new FEMA map." The map was
drawn, submitted and approved. The map substantially change the use of HOA Property,
Lot 4, by expanding the acreage proposed to be used within Lot 4 as a basin. See,
Correspondence to Clyde Wickham, 3-18-99 from Loftin copied to Ron Ball, City
Attorney and Marty Orenyak, City of Carlsbad.
The intent of the dedication was NOT to severe LOT 4 without providing for full
replacement of all of the amenitities. The City had to approve the CC&Rs prior to recordation
LOFTIN & WARD
Eric Munoz, Senior Planner
October 29, 2008
Page 4 of4
and the issue is addressed in that document as well. For CEQA purposes, the loss of these
feasibilities requires more than the "minimum" or there is a "taking" based upon what appears to
be an indifference to the procedural history of the affected area. It was not anticipated in the
conditions of approval that access to Lot 4 would be denied because the conditions specifically
discuss the additional improvements. Lastly, for any "expenses" relating to Zone 15, the
Facilities Agreements provides that the land dedicated for public facilities shall offset those: The
HOA dedicate significant property for the flood control areas along the creeks and the College
Boulevard right-of-way. Therefore, the HOA is having that area, along with LOT 4, appraised to
suggest the appropriate dollar amount for the appropriate but different purposes.
We look forward to meeting with you next week to provide solutions to the issues that
negatively impact the Rancho Carlsbad, 504 unit, and community.
Sincerely,
LOFTIN & WARD
By: L. Sue Loftin, esq.
Encl: Two (2)
C: Client
FAX TRANSMISSION
L, SUE LOFTIN
JASMIN D. FLORES
JOSEPHINE E. LEWIS
THE LOFTIN FIRM
ATTORNEYS AT LAW
THE PLAZA LA JOLLA VILLAGE
4330 LA JOLLA VILLAGE DRIVE., SUITE 330
SAN DIEGO, CALIFORNIA 92122
TELEPHONE (858) 535-9380
FACSIMILE (858)535-9381
HUGH MCLEAN. OF COUNSEL
To: BobLadwig Russ Kohl Date: August 1,2002
. (760)438-0173
ToKathy Griffith
(760)438-1808
From: Joselia D. Flores, Assistant to
L. Sue Loftin, Esq.
Pages: 5, including this cover sheet.
Cc:
Subj. Processing of Entitlements for the Option Property
The information contained in this facsimile message is intended only for tb« use of the individual or entity to whom it is
addressed. If the reader of this message is nut the intended recipient, cr the employee or agent responsible to (Ulivtr It to
the intended recipient, you arc hereby notified that any dissemination, distribution, or copying of this communication is
strictly prohibited. If you have received this communication In error, please immediately notify us by telephone, and return
the original message to us at the above Address via (he U.S. Postal Service. Thank you.
COMMENTS:Please see attached correspondence
r/i
/*»•«,
<*»«»*
September 19, 2005
Bill Arnold
President
Rancho Carlsbad Owner's Association
5200 El Camino Real
Carlsbad, CA 92008
RANCHO CARLSBAD FLOOD MITIGATION PROGRAM - 84" Pipe
Your letter to the Mayor dated August 23, 2005 was referred to me for review and response.
I'd like to start out by stating that the City remains committed to implementing the flood mitigation
measures promised the residents of Rancho Carlsbad by City Council in 1996. Although not all
units can be reasonably or practicably removed from the FEMA flood zone, we are still targeting
the removal of all but about 12 units from the flood zone. It may be possible to remove some
remaining units from the flood zone or to obtain reductions in flood insurance rates through the use
of elevation certificates and/or by raising the units one foot or more above the 100-year flood level.
Although as you say, designing a flood control plan is not rocket science, it nevertheless can be a
complicated undertaking. The City and McMillin have retained the services of some of the best and
most respected hydrologists in the San Diego area to prepare and analyze hydrology and hydraulic
models of the existing and proposed alternative improvements within the Agua Hedionda basin.
Each succeeding study provides us with more accurate information upon which to base our design
recommendations.
Even with the best of studies, designing flood control systems is as much art as it is science. The
number of parameters fed into hydrology models is enormous and the results are not always
obvious or intuitive. It takes a great deal of expertise to correctly read and interpret the results. It is
difficult to compare the results of one model run to that of another using the same basic model
parameters. When comparing results across models using different parameters (like comparing the
1998 Rick model to the 2004 Rick model) it is even more problematic.
That being said, I'd like to address the concerns raised by Mr. Ladwig in his letter to you dated
August 10, 2005 and his letter to Mr. Glenn Pruim dated Septembers, 2005.
The City has been aware since early in the project inception that the FEMA studies were based
upon the false understanding that the barrier wall along the north side of Rancho Carlsbad is a
flood wall. We understand that the consequence of this fact is that the flooding during the 100-year
storm within the park is likely worse than what is depicted on the FEMA map.
Nevertheless, the purpose of our studies has been to examine alternatives for reducing the size of
the 100-year flood zone to the maximum extent practicable and reasonable. We recognized at the
time we initially proposed diversion to drainage to the north side of the wall that additional physical
improvements were required to ensure containment of the water along the north side of the wall.
The existing weir wall was constructed with the knowledge that we, or the Robertson Ranch
IfL
Rancho Carlsbad Flood Mitigation
Page 2
developer, would need to construct improvements to contain and convey the diverted flows to the
alternative box culvert crossing under El Camino Real.
The construction of the weir wall in advance of the remaining diversion improvements was done
because we had the opportunity to construct the weir concurrent with the Cannon/College culvert
outlet pipe and we wanted to reduce the number of times we impacted the Rancho Carlsbad
residents with construction impacts. Obviously, with the proposed construction of the 84" storm
drain diversion pipe, the decision to advance construction of the weir wall has not brought about
this desired result.
The issue of the potential impact of diverting 450 or 500 CFS of water into the 84" pipe is now
moot. McMillin has agreed to install 84" pipe with pressurized fittings allowing the diversion of the
full 500 CFS away from Calavera Creek. Although the hydraulic calculations indicated that the
addition of 50 CFS to the creek flow within Rancho Carlsbad would not increase the proposed
number of units remaining within the 100-year floodplain, McMillin consented to installing the more
expensive pipe to provide additional leeway and security to the RC residents.
In the September 6th letter, Mr. Ladwig raised numerous concerns regarding the capacity of the
Calavera Creek channel within the RC park boundaries. He has culled bits and pieces of
statements made with the various hydrology reports to highlight seeming inconsistencies in the
projected flows within the creek. I have reviewed his letter in detail, re-examined the hydrology
studies to the best of my abilities and discussed the issues at some length with our consulting
engineer Glen Van Peski, the City Engineer and McMillin's consulting hydrologist, Mr. Wayne
Chang.
I can confidently say that the hydrology and hydraulic calculations support our current flood control
plan. Assuming construction of the four basins and the repair of Calavera Dam (initial water
surface elevation at 209')(Alternative "C" in the 2004 Rick report), the maximum 100-year flow
within the lower reach of Calavera Creek just upstream of its confluence with Agua Hedionda
Creek is 756 CFS. Mr. Ladwig references a statement that the capacity of Calavera Creek is 1000
CFS. Although, I wasn't able to find the specific reference in the reports, I remember that number
being used and discussed at some point in the study process. In any case, the proposed 756 CFS
flow is less than the 1000 CFS reference.
Actual channel capacity is somewhat less than 1000 CFS. This is evidenced by the fact that even
with the proposed 100-year max flow of 756 CFS there is some overtopping of the banks at the
lower reach near the confluence with Agua Hedionda Creek. By itself, Calavera Creek probably
has the capacity to handle the 756 CFS flow. The overtopping is more likely caused by the
backwater effect resulting from the Calavera Creek flows merging into the Agua Hedionda Creek.
Mr. Ladwig's computations of the current creek flow in the first paragraph of his September 6"1 letter
is incorrect and generally irrelevant to the proposed flood plan solution. Mr. Ladwig calculated the
current Calavera Creek flow at 1530 CFS by adding the outflow of Basin BJB (901 CFS) with the
maximum Little Encinas flow (629 CFS). The actual Q100 for this situation is less that the sum of
the two parts or 1410 CFS. The reason for the discrepancy has to do with a concept involving unit
hydrographs and flood water routing. Flood models account for the time it takes for the flows from
various sub-basins to combine their flows. Each channel segment peaks at different times form
one another. Since Little Encinas is a smaller sub-basin than the Calavera Creek sub-basin, the
'V3
Rancho Carlsbad Flood Mitigation
Page 3
peak flow for Little Encinas Creek has already passed when the Calavera Creek flow is just
reaching its peak. As I noted above, hydrology modeling is not always intuitive.
In any case, the analysis is somewhat irrelevant. The City admits that the flooding within the park is
probably understated as compared to the FEMA analysis. Unless he is suggesting that we revise
the current FEMA map to force additional residents into obtaining flood insurance, we see no
reason to spend time and effort further analyzing the current conditions. We are focused on getting
to the desired condition and making sure as many homes are removed from the flood plain as is
practical and feasible.
Mr. Ladwig makes several more statements in his September 6th letter with regard to the flow
splitting of Calavera Creek. We have already acknowledged our decision to retain the 500/400
CFS slip recommended in the 2003 Rick Engineering report. I would like to again acknowledge the
fact that hydrology is an art and not pure science. There are numerous alternative solutions to
providing flood protection to Rancho Carlsbad. There is no one correct solution to the Rancho
Carlsbad flooding problem. Recommendations in one report can be modified in another report
without sacrificing or diminishing the proposed flood protection.
As I stated earlier, each succeeding report was refined to include the analysis of more alternatives
and to incorporate new and/or revised data. As a case in point, the 2004 Rick study assumed a
uniform cross section of the Calavera Creek and Agua Hedionda channels based upon the 1971
as-built plans of the channel construction. The 2003 and later reports used cross sections taken
from then current field conditions. In general, the field-obtained cross sections were smaller
resulting in reduced channel capacities.
Some recommendations like the minimum flow (300 CFS) recommendation referenced in Mr.
Ladwig's letter are somewhat arbitrary. We asked Rick Engineering to provide a minimum flow
recommendation for the purpose of providing such information to the resource agencies. Their
recommendation was based upon another project similar in scope that they once worked on. There
was no definitive science or study to back up this recommendation. The Wayne Chang report for
the 84" storm drain diversion pipe recommends that the minimum flow be 75 CFS. His
recommendation is based upon the discussions with other knowledgeable permit processing
consultants.
Mr. Ladwig and others have recently questioned why the Calavera Hills Phase II project was not
conditioned to construct Basin BJ. It has been pointed out that there is a reference within the
Calavera Hill's Phase II EIR that "Construction of the proposed detention basins "BJB" and "BJ"
along with the smaller detention facilities shown on the Master TM would mitigate developed 100-
year flood peak flows from Calavera Hills Phase II to below a significant level."
Unfortunately, the reference does not correctly convey the intent of the EIR mitigation for the
Calavera Hills Phase II project relative to Basin BJ. There are other references within the EIR that
correctly note that the construction of Basin BJ was to be accomplished concurrent with the
construction of Reach A of College Boulevard. It should be noted that the Calavera Hills Phase II
EIR included project elements not related to the Phase II project at the request of the City. Basin
BJ, Cannon Road Reach 4 and College Boulevard Reach A were never directly related to nor were
they intended to be constructed as part of the Phase II project.
Rancho Carlsbad Flood Mitigation
Page 4
The Planning Commission and City Council resolutions of approval for the Phase II project
correctly conditioned the project relative to the intent of the EIR. The City had and continues to
have no nexus to compel the Calavera Hills Phase II developer to build Basin BJ. Landowners and
developers upstream from Rancho Carlsbad were not responsible for under sizing of the Rancho
Carlsbad drainage improvements or for the lack of dredging of the channels over the past 30 plus
years.
The City has maintained a consistent set of policies relative to developments upstream of Rancho
Carlsbad. The policies were developed In accordance with the City's ordinances and the State of
California Subdivision Map Act. All upstream developers have been required to install drainage
retention improvements ensuring that newly constructed developments do not increase existing
flooding conditions within Rancho Carlsbad. Each project is required to build master planned
drainage improvements directly impacted by their development and/or to pay a fair share
contribution towards construction of master planned facilities through payment of the Planned
Local Drainage Area (PLDA) fee. Since the City is in the process of revising the Master Drainage
plan and the PLDA fee, each project that has developed in the past several years has also been
conditioned to enter into an agreement to pay the updated PLDA fee when Council approves it.
In conclusion I would like to say that as engineers, our job is to seek optimal solutions to given
problems using the information and knowledge at our disposal. As we acquire new information or
knowledge, we adjust our solutions accordingly. Given the complexity and long evolution of the
Rancho Carlsbad flood control plan, it is to be expected that we experience some alteration to the
proposed project components. As you are aware, we are currently reviewing the benefits of Basin
BJ and potential alternatives that may more economically provide the same or better levels of flood
protection.
On the face of it, Basin BJ provides a significant reduction in flood flows (from 629 CFS down to
348 CFS). However, as I stated earlier, determining maximum flows is not always intuitive. The
actual benefits to the Rancho Carlsbad Calavera Creek channel are considerably less. Given that
the cost to construct Basin BJ may approach 8 million dollars, the cost to benefit ratio is not
advantageous. We are currently in the process of exploring some of these alternatives and will
report out our conclusions and recommendations as we complete the studies of the alternatives.
Thank you for your time and patience on this matter. If you have any specific questions regarding
this matter, please feel free to write, call or send me an email.
Respectfully,
David Hauser
Deputy City Engineer
Planning and Programs
c City Council
City Manager
Public Works Director
City Engineer
Glen Van Peski
\<\6
Rancho Carlsbad Flood Mitigation
Page 5
Associate Planner, Scott Donnell
Ladwig Design Group
McMillin Homes, Mr. Brian Milich
ATTACHMENT 8
TO
RON BALL'S 10-28-08 CORRESPONDENCE
"•"X
DRAINAGE FACILITIES
I. PERFORMANCE STANDARD
Drainage facilities must be provided as required by the City concurrent with development.
H. FACILITY PLANNING AND ADEQUACY ANALYSIS
Zone 15 is located in the Agua Hedionda Lagoon Watershed. The storm water within this
watershed flows through man-made channels, storm drains, and natural drainage courses to
Agua Hedionda Creek. Agua Hedionda Creek, in turn, flows into the Agua Hedionda Lagoon.
The primary source of information contained in this report is extracted from the master
drainage plan entitled, "Master Drainage and Storm Water Quality Management Plan for the
City of Carlsbad, California," dated March 1994, and prepared by Fraser Engineering/Cooper
Engineering Associates. This Master Drainage Plan sets forth the comprehensive local
drainage systems necessary to meet the long-term needs of the City.
In addition to the Master Drainage Plan, this plan references the Rick Engineering Company
report for Rancho Carlsbad Channel and Basin Project, Job #13182, dated June 30, 1998. The
hydrology study provides additional analysis and mitigation measures for a 100-year flood
plain in the northeast quadrant of the City.
As was indicated in the Citywide Facilities and Improvements Plan, drainage is distinguished
from all other public facilities and improvements because, by its very nature, it is more
accurately assessed as specific development plans are finalized. However, certain facilities
may be necessary which are larger than those required from a single development project and,
therefore, need to be identified so that the proper funding can be collected for the construction
of these facilities.
A. INVENTORY
1. Existing Facilities
The existing major drainage facilities (30" or larger) that are within Zone 15 are shown
on the Master Drainage and Storm Water Quality Management Plan dated March 1994.
The existing major drainage facilities within Zone 15 are as follows:
Facility Location
Improved Channel Rancho Carlsbad Mobile Home Park
Earth Channel Rancho Carlsbad Mobile Home Park
Zone 15 LFMP Page 85
August 2004
c
2. Proposed Build Out Facilities:
Facility BJ:
This system (little Encinas Creek) carries water from the City of Oceanside near
future Cannon Road. Portions of this upper pipe system may be. deleted. The
natural flow will go through Basin BJ and will flow under College Boulevard in
a 3' x 6' box culvert and join an earthen channel adjacent to Rancho Carlsbad
Mobile Home Park which flows under El Camino Real to Agua Hedionda
Lagoon.
Facility BL:
Removal of a headwall on an existing 78" RCP in College Boulevard East of
Sunny Creek Road at the proposed Agua Hedionda Creek Bridge (BL includes
provision for a bridge on College Boulevard across Agua Hedionda Creek).
, Facility BM:
A natural channel is proposed with a 5' x 12' soft bottom structure crossing "A"
Street in the Cantarini project. The existing agricultural lake will be eliminated.
Note: The following facilities are within Zone 15 in areas where no development is
proposed: BJC, BID, & BQ as identified in the Master Drainage Plan.
The Drainage Master Plan does not recommend any improvements to any of the major
drainage facilities outside of Zone 15.
The location and size of the proposed storm drain facilities have been approximated for
the purposes of this plan. The actual locations and sizes will be defined as the
surrounding area develops and the storm runoff is analyzed according to current design
standards.
The City is currently in the process of revising the Drainage Master Plan. .The updated
version will analyze the adequacy of the existing storm drain facilities and propose the
construction for specific major storm drain facilities so that future development will
continue to conform with the adopted performance standard as development occurs.
It should be noted that the Rick Engineering 1998 study identifies flooding at the
Rancho Carlsbad Mobile Home Park bridge on Agua Hedionda Creek. Although no
mitigation is required to meet the performance standard, future development within the
Agua Hedionda Creek Basin may be required to provide additional mitigation to the
satisfaction of the City Engineer as a result of subsequent hydrology studies.
Zone 15 LFMP Page 86
August 2004
B. PHASING
The watershed boundaries are shown in the City Master Drainage plan. The approach taken to
establishing the watershed boundaries is based on ensuring that needed facilities are in place
prior to or commensurate with development.
C. ADEQUACY FINDINGS
Existing drainage facilities currently do not meet the adopted performance standard for major
storm drain facilities. The hydrology report prepared by Rick Engineering Company has
indicated that a drainage inadequacy exists hi the event of a 100-year flood that will require
construction of detention basins and restoration or reconstruction of Calavera Creek and Little
Encinas Creek through detention basin BJ.
In addition to the future facilities required by the Rick Engineering Study, future development
will be required to construct any major drainage facilities identified in the current Master Plan
at the tune of development as determined by the City Engineer. The revised Drainage Master
Plan may also require additional conditions at the time of development. The construction of
these facilities will be a condition to the approval of future development in Zone 15 so that
conformance with the adopted performance standard will be maintained.
III. MITIGATION
Special Conditions
A. All future development in Zone 15 will be required to construct any future Zone 15
storm drain facilities identified in the current Drainage Master Plan and revised
Drainage Master Plan for each watershed basin as determined by the City Engineer,
Any facilities necessary to accommodate future development must be guaranteed prior
to the recordation of the first final map, issuance of a grading permit or building
permit, whichever occurs first in Zone 15.
B. Prior to the recordation of any final map, grading permit or building permit (whichever
occurs first), for any specific project within Zone 15, the developers of that project are
required to:
1. Pay the required drainage area fees established in the current Drainage Master
Plan and;
2. Execute an agreement to pay any drainage area fees established in the
forthcoming revised Drainage Master Plan.
ZonelSLFMP Page 87
August 2004
C. Prior to the recordation of the first final map, issuance of grading permit 'or building
permit, whichever occurs first within Zone 15, the developers are required to
financially guarantee Zone 15's proportional share of the following to the satisfaction of
the City Engineer:
1. Sediment detention basin "BJ" to be installed in Zone 15 upstream of College
Boulevard along with a 3' x 6' box culvert under College Boulevard and an un-
lined channel within basin "BJ".
2. Restoration or reconstruction of approximately 3,500 feet of Calavera Creek
from detention basin "BJB" to El Camino Real bridge to the satisfaction of the
City Engineer. Rick Engineering is currently studying options for improvement
of both Agua Hedionda and Calavera Creeks through and adjacent to Rancho
Carlsbad Mobile Home Park.
3. Provide a mechanism for the maintenance of the "BJ" sediment detention basin.
4. Remove the existing headwall of the 78" RCP in College Boulevard and connect
to the new bridge at Agua Hedionda Creek.
5. Bridge on College Boulevard at Agua Hedionda Creek.
D. Concurrent with the development of property within Development Area 1 of Zone 15,
the following shall be constructed to the satisfaction of the City Engineer:
1. Sediment detention basin "BJ" including a 3' x 6' Box Culvert under College
Boulevard and unlined channel within basin "BJ."
2. Connection of the existing 78" RCP in College Boulevard to the new bridge at
Agua Hedionda Creek.
3. Bridge on College Boulevard at Agua Hedionda Creek.
E. Phasing - Cannon Road Reach 3 and College Boulevard Reaches B and C are
scheduled to be completed in August of 2004. College Boulevard Reach A (El Camino
Real to Cannon Road) may be phased and could be constructed either from the north
end at Cannon Road- or the south end at the bridge at Agua Hedionda Creek. Drainage
improvements could be constructed in 2 phases and coordinated with the phased
College Boulevard improvements. Detention basin "BJ" and the restoration of
Calavera Creek could be constructed with the northerly portion of College Boulevard
and the Agua Hedionda bridge and 78" RCP connection with the southerly portion of
College Boulevard.
Zone 15 LFMP Page 88
August 2004
IV. FINANCING
All of Zone 15 falls within Drainage Master Plan Area B. Fees for these drainage areas were
recently updated and range from $3,949 per acre for low runoff areas and $6,463 per acre for
high runoff areas. However, future development must comply with condition B above which
may affect actual fees applied to final maps.
The cost of the proposed detention basin BJ and the 3' x 6' box culvert is estimated to be
$614,580 and the estimated cost of the bridge on College Boulevard at Agua Hedionda Creek
is estimated at $2,012,500. The cost for Calavera Creek improvements is not determined to
date. Estimated cost does not include land acquisition or relocation of onsite land use on
proposed BJ Basin site. Additional acquisition and relocation costs will be the responsibility of
private development in Zone 15.
The financing for the required drainage facilities shall be borne by the developed of Zone 15.
To the extent provided by the City Planned Local Drainage Area Fee Program, the costs
incurred by individual developers for constructing Master Plan Drainage facilities shall be
reimbursed from Planned Local Drainage Area "B" fee revenues at a tune and in a manner as
determined by the City Council.
Zone 15 LFMP Page 89
August 2004
ISl
ATTACHMENT 9
TO
RON BALL'S 10-28-08 CORRESPONDENCE
"*-<* Page 1 of 1
i,
Main Identity B~&& /6 T/bft£t> &*/{,' 4~ £?lU6£ A Cos T.
From: "David Hauser" <Dhaus@ci.carlsbad.ca.us>
To: <luciamarvin@aol.com>; <wkato@aol.com>; <dmbentley@comcast.net>; <shashani@cox.net>;
<dastearn@drhorton.com>; <ldg@dwilsoneng.com>; <tankrs@earthlink.net>;
<erich.grosse@fsqp.com>; <jeff.vitek@fsqp.com>; <bhofman@hofmanplanning.com>;
<rhinomn@mindspring.com>; <kranch@pacbell.net>; <sustaeta@san.rr.com>;
<mail@shamrock.us.com>; <don.steffensen@us.taylorwoodrow.com>
Cc: <RMKohl@aol.com>; <galen.peterson@att.net>; "Barbara Kennedy" <Bkenn@ci.carlsbad.ca.us>;
"Don Rideout" <Dride@ci.carlsbad.ca.us>; "Jeremy Riddle" <Jridd@ci.carlsbad.ca.us>; "Steve
Jantz" <Sjant@ci.carlsbad.ca.us>; <Jhentn@cts.com>; <ruthandbillarnold@sbcglobal.net>
Sent: Friday, May 21, 20042:45 PM
Attach: Availability of City funds for the Reimbursement of Facilities of Associated with the Construction of
College Boulevard Reach A.doc
Subject: College Blvd Reach A Financing
Over the past few months, I have been approached by the Zone 1 5 property
owners and prospective buyers of property within Zone 15 about the
amount and timing of City managed funds that may be used to offset costs
to construct College Boulevard Reach A2 (from Badger Lane to Cannon
Road) and Cannon Road Reach 4A. To clarify the matter, I prepared the
attached Table showing all related project funds and their recommended
date of availability as recently proposed to City Council with the FY
2004-05 CIP Budget.
It should be noted that Council will not adopt the CIP budget until
next month and may at their discretion revise funding amounts or
schedules. I think it somewhat unlikely that they will make any changes
so the amounts and schedules indicated on the attached table should
remain as shown. If the amounts or schedules do change, I will send out
a corrected Table. If you have andy questions regarding the funding
amounts or schedules or note any errors or ornmissions on this table,
please send me an email or give me a call.
David Hauser
Deputy City Engineer
Planning and Programs
(760) 602-2739
dhaus@CL carlsbad.ca.us.
5/22/2004
Table of
Projects, Fund Amounts and Scheduled Funding Availability
For Projects Located Within and Adjacent to
College Boulevard Reach A2 Cannon Road Reach 4A
As Recommended for Programming hi the City's FY 2004-05 Capital Improvement
Program Budget
Improvement
College Blvd Bridge over Agua Hedionda
Creek*
College Blvd Reach A2 and Cannon Road Reach
4A Roadway
Basin BJ and Calavera Creek Improvements
along N/S of RCMHP
Traffic Signal at College/Cannon Intersection
12" Potable Waterline
16" Potable Waterline
33" Potable Waterline
Funding Amount
$1,783,000
$1,300,000
$2,500,000
$210,000
$645,200
$421,000
$2,762,100**
Fund Source
PLDA'B'
Terraces Development
Cash Contribution
PLDA 'B'
PFF
Water Connection Fee
Water Connection Fee
Water Connection Fee
Year Fund;
Available
FY's6thrulC
FY 05-06
FY 03-04
FY's6thrulC
FY 07-08
FY 05-06
Buildout
* The PLDA fund account does not have an adequate cash reserve to advance the date of funding for this
project. A partial reserve balance of approximately $500K should be available after adoption of the
recommended FY 2004-05 budget. The decision to advance available funding to this project is at Council
discretion. The City does not presently have a detailed revenue projection that forecasts the PLDA B fund
growth. It should be noted that a portion of the project costs will likely be offset with PLDA B fee credits
from the development project that constructs this facility.
** Funding amount includes cost to extend the waterline facility to Maerkle Reservoir
For fhe Information of fh«cny COUNCIL
From: Carrie Loya-Smalley
To: Ray Patchett
Date: 5/18/04 11:54AM
Subject: Drainage Projects at RCMHP
Per Council's request attached is a summary sheet of the three drainage projects adjacent to the Rancho
Carlsbad Mobile Home Park. I've also attached the Technical Appendix sheets for each of the three
individual projects, which includes more detailed information.
Please let me know if you need any additional information.
Carrie Loya-Smalley
City of Carlsbad Engineering Department
Phone 760-602-2746
Fax 760-602-8562
CC:Cindee Hollingsworth; David Hauser; Helga Stover; Lisa Hildabrand
CAPITAL PROJECT DESCRIPTION
SUMMARY OF DRAINAGE IMPROVEMENTS NEAR RANCHO CARLSBAD MHP
PROJECT NAME
PROJECT LOCATION MAP:
Drainage
Basin BJB
Drainage
Basin BJ
(Calavera
Creek)
Drainage
Basin BJ
Agua
Hedionda
Channel
PROJECT LOCATION:
Along the Calavera and Agua Hedionda Creek Channels, from the east side of
El Camino Real within Rancho Carlsbad Mobile Home Park, to the east side of
College Boulevard.
PROJECT DESCRIPTION:
Improvements to the Calavera and Agua Hedionda Creeks and installation of
two new retention basins. Work includes dredging the existing creeks and
installation of rock slope protection, new pipelines and box culverts.
PROJECT NEED:
Required by the Drainage Master Plan to handle runoff from future
development and to reduce flooding along the Agua Hedionda Creek especially
within the RCMHP community.
SUMMARY OF PROJECT FUNDING:
33381 Agua Hedionda Channel Improvements
36363 Drainage Basin BJB
NONE Drainage Basin BJ
$1,260,500
$1,089,663
$2,500,000
D
Mobile Home Park Drainage Projects
CAPITAL PROJECT DESCRIPTION
DRAINAGE PROJECTS - AGUA HEDIONDA CHANNEL IMPROVEMENTS
PROJECT NAME
33381
PROJECT NO.
PROJECT LOCATION MAP:
EXISTING
PRl
PROJECT LOCATION:
Along the Agua Hedionda Creek Channel,
Rancho Carlsbad Mobile Home Park.
PROJECT DESCRIPTION:
east of El Camino Real within
Studies to further determine the requirements per state and federal
environmental agencies for the improvements to a 2,400 foot long section of
Agua Hedionda Creek located just upstream of the El Camirio Real drainage
undercrossing. The proposed work includes dredging approximately 30,000
cubic yards of accumulated sediment, stabilization of the channel banks and
widening of the channel at the confluence of the Agua Hedionda and Calavera
Creeks and mitigation work for the impacts associated with the channel
improvement project. Further studies will determine the scope of the mitigation
work and the construction costs associated with mitigation and construction.
PROJECT NEED:
Required by the Drainage Master Plan to handle runoff from future
development.
FINANCING:
Purpose
Studies/Design
Total Cost =
Estimated Cost
$1,260,500
$1,260,500
Funding Source
PLDA Fees
o
STORMDR1
CAPITAL PROJECT DESCRIPTION
DRAINAGE PROJECTS - DRAINAGE BASIN BJB
PROJECT NAME
36363
PROJECT NO.
PROJECT LOCATION MAP:
PROJECT
SITE
PROJECT LOCATION:
Within and adjacent to Calavera Creek located at the northeast corner of the
Cannon Road and College Boulevard intersection.
PROJECT DESCRIPTION:
Construction of a 49 acre-foot drainage retention basin covering approximately
15 acres of land within and adjacent to Calavera Creek located northeast of the
College Boulevard and Cannon Road intersection. The project includes
construction of a 11-foot by 7-foot reinforced concrete box extending across
the College Boulevard and Cannon Road intersection, a 72-inch low flow pipe
draining the retention basin, a concrete spillway and rock slope protection.
PROJECT NEED:
This project is one of a series of projects designed to help reduce flooding
along the Agua Hedionda Creek especially within the RCMHP community.
The series of projects include the construction of four floodwater retention
basins, including Basin BJ, Basin BJB, the Melrose Drive Basin and the
Faraday Avenue basin, and the dredging and/or improvement of the
Agua Hedionda and Calavera Creek channels.
FINANCING:
Purpose
Reimbursement
Reimbursement
Total Cost =
Estimated Cost
$ 550,000
$539,663
$1,089,663
Funding Source
PLDA"B"
Fed Grant
o
Basin-BJB
CAPITAL PROJECT DESCRIPTION
DRAINAGE PROJECTS - CALAVERA CREEK CHANNEL AND DRAINAGE BASIN BJ PROJECT NO.
PROJECT NAME
PROJECT LOCATION MAP:
PKOJLU
PROJECT LOCATION:
Along Calavera Creek from El Camino Real to future College Boulevard and
within the Little Encinas Creek immediately east of the future
College Boulevard.
PROJECT DESCRIPTION:
Construction of a 49 acre-foot drainage retention basin covering approximately
8 acres of land within and adjacent to the Little Encinas Creek located east of
the future College Boulevard at the northeast corner of the Rancho Carlsbad
Mobile Home Park (RCMHP). Included with the project is a reinforced concrete
box culvert. Also included is the improvement of the Calavera Creek overlfow
channel located along the north side of the RCMHP perimiter wall.
The construction of the retention basin will require relocation of an existing RV
storage lot, community garden and maintenance yard owned by the RCMHP
property owners association. The proposed site of the relocated facility is along
the alignment of the Calavera Creek overflow channel.
PROJECT NEED:
This project is one in a series of projects designed to help reduce flooding
along the Agua Hedionda Creek primarily within the RCMHP community.
The series of projects include the construction of four floodwater retention
basins, including Basin BJ, Basin BJB, the Melrose Drive Basin and the
Faraday Avenue basin, and the dredging and/or improvement of the
Agua Hedionda and Calavera Creek channels.
FINANCING:
Purpose
Total Cost
Total Cost:
Estimated Cost
$2,500,000
$2,500,000
Funding Source
PLDA"B"
Basin BJ
NOTICE OF PUBLIC HEARING
Continued from Council Meetings held August 5 and September 9. 2008
NOTICE IS HEREBY GIVEN to you 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, November 4, 2008, to consider:
1. Adopting a resolution approving the City of Carlsbad Drainage Master Plan and proposed
Planned Local Drainage Area Fee revision;
2. Introducing an ordinance approving changes to Titles 15 of the Carlsbad Municipal Code
regarding the Planned Local Drainage Area Fee adjustments (MCA 07-01);
3. Introducing an ordinance approving changes to Title 21 (Zoning Ordinance) of the Carlsbad
Municipal Code to revise outdated references to the Drainage Master Plan and Model
Erosion Control Ordinance (ZCA 07-04);
The proposed City of Carlsbad Drainage Master Plan is a comprehensive, citywide planning
document. The Zoning Ordinance and Local Coastal Program amendments and Title 15
changes affect properties throughout Carlsbad and the Coastal Zone.
The Calavera and Agua Hedionda Creeks project proposes the dredging and long-term
maintenance of portions of Agua Hedionda and Calavera creeks in and near the Rancho
Carlsbad residential community and near and east of the intersection of El Camino Real and
Cannon Road. The Carlsbad Planning Commission has approved permits for this project,
subject to the City Council's approval of the Final EIR.
Those persons wis'hing to speak on this proposal are cordially invited to attend the public
hearing. Copies of the agenda bill will be available on and after October 31, 2008.
Copies of the proposed City of Carlsbad Drainage Master Plan are available for public
inspection at the City Clerk's Office, 1200 Carlsbad Village Drive, the Engineering and Planning
Departments, 1635 Faraday Avenue, and the City's website at www.ci.carlsbad.ca.us.
Written and telephone inquiries may be directed to Steven Jantz of the Engineering
Department, 1635 Faraday Avenue, Carlsbad, CA 92008 (760) 602-2738.
If you challenge the Drainage Master Plan Update and the Calavera and Agua Hedionda
Creeks project 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: ZCA 07-04/LCPA 07-06/MCA 07-01
CASE NAME: Drainage Master Plan Update/Calavera & Agua
Hedionda Creeks
PUBLISH: October 25 and October 31, 2008
CITY OF CARLSBAD
CITY COUNCIL
RONALD R. BALL
CITY ATTORNEY
JANE MOBALDI
ASSISTANT CITY ATTORNEY
October 30,2008
CITY OF CARLSBAD
1200 CARLSBAD VILLAGE DRIVE
CARLSBAD, CALIFORNIA 92008-1949
(760) 434-2891
FAX: (760) 434-8367
CltYOFCARLSrJrv CLERICS OFB
'ATTORNEY
DMONSON
DEPUTY CITY ATTORNEY
L. Sue Loftin, Esq.
5760 Fleet Street, Suite 110
Carlsbad, California 92008
Re: Council Hearing of Tuesday, November 4,2008 to Consider Adoption
of the Updated Drainage Master Plan and Proposed Development
Fees for Planned Local Drainage Areas Throughout the City
Dear Ms. Loftin:
Thank you for your letter of October 28,2008 regarding this matter and enclosing
a number of documents which you request included in the record. Since you have
already transmitted copies of the documents to the City Clerk, there is no need for
me to additionally do so. My advice is that they be included in the record of the
proceedings of this matter. I have also asked Deputy City Engineer Hauser, who is
the custodian of many of the records we refer to, to send me a copy of the update to
the August 5,2008 Chang Study, which you state you have been unable to obtain
for my review and advice as to whether or not it should be included in the public
record.
Staff is prepared and will answer the questions your client has previously presented
at the public hearing on this matter. Frankly, in view of your client's threat of
litigation, I have advised the staff that all communications should go through this
office and at the public hearing. Rest assured that answers to all relevant questions
will be made through the staff presentation or in response to questions by members
of the City Council. The adoption of the proposed Drainage Master Plan ("DMP")
and proposed Planned Local Drainage Area fees ("PLDA") is a public process and
affects the entire City. By answering your client's questions at the public hearing,
all parties will receive the same information at the same time.
®
L. Sue Loftin, Esq.
October 30,2008
Page 2
As I understand it, ycur position is that the PLDA fees should be increased to pay
for the acquisition of land and relocation of existing facilities on a portion of Lot 4
of your client's properties since developers have been put on notice of the need for
it for many years due to the fact that Basin BJ was included in the previous DMP.
The short answer is that this record and the proposed DMP and fee study do not
support an increase in development fees. It is not whether or not a developer was
placed on notice of a proposed facility, but rather whether or not there is a nexus to
require a developer to pay for it. This report simply does not support an increase in
fees for those purposes. Instead, the proposed PLDA sets forth recommended
changes because of the change in the economy, material and construction costs,
environmental mitigation costs and other items not considered when the original
report was prepared. It is a planning document and may be changed to reflect new
information by following this process. This DMP is different from previous
versions in that it includes projects that are deemed essential for the function of the
City's infrastructure but cannot be funded from the developer fees from the PLDA.
As I explained previously, these projects must be funded from other sources. So it
is with the acquisition and relocation costs for Basin BJ. Those costs cannot, in my
opinion, be constitutionally spread to other developments based on this report.
Instead, those costs are a responsibility of future development requiring road
improvements, as will be explained below.
Your letter again raises the "taking" issue and claims that the City will be
responsible for the cost of acquisition of land necessary for Basin BJ and relocation
costs. There is simply no support in the law for this position. The City has not
interfered with the use and enjoyment of your client's property, has not changed
the zoning or General Plan designation or otherwise imposed any regulations upon
it. This was recently made clear by the 9th Circuit Court of Appeals, which joined
the California state courts in finding that no taking occurs when a city is planning
for future development of an area and there has been no physical interference with
the property. As that court stated on September 25,2008:
"A taking may more readily be found when the interference with the
property can be characterized as a physical invasion by government,
and when interference arises from some public program adjusting the
benefits and burdens of economic life to promote the common good.
Daniel McClung. et al. v. Tapps Brewing Company. Inc. (2008)
DJDAR 15036, September 25,2008."
L. Sue Loftin, Esq.
October 30, 2008
Page 3
In this case, there has been no physical invasion by the City on your client's
property and the City has not regulated it in any way that would deprive it of
all the benefits, use and enjoyment of it.
Your letter additionally sets forth your client's position that basically it is
not confident that future development will pay for the costs of acquisition
and relocation of proposed Basin BJ. Your client can be comforted in the
fact that when future development occurs and College Boulevard is
constructed, existing conditions on that development must be satisfied. That
includes acquiring the land and relocating the facilities for the proposed
Basin BJ. As you point out, the developer may apply to have that condition
amended or revised. However, that can only be done following noticed
public hearings at the Planning Commission and City Council, at which your
client will be notified and able to participate. It can, at that time, argue that
Basin BJ is necessary and appropriate for that development and should not
be changed, amended or altered.
Additionally, your client questions the sincerity of the intent of the proposed
DMP because there was never intent to build Basin BJ, but rather to avoid
having to amend the EIR for this project. Your client need not speculate on
the sincerity of the intent, since it set forth in writing in the proposed DMP
and the document speaks for itself. It is a plan to be funded by a variety of
sources; it is more than a nexus study and instead a plan for the entire City
and all drainage basins. The proposed DMP so states:
"Inclusion of these "non-PLDA" projects in this DMP Update is to
facilitate a streamlined environmental review and clearance process as
this "DMP Update" will serve as a foundation for the Programmatic
Environmental Impact Report ("PEIR")."
There is no secret as to this intent, since the document serves the dual
purposes of identifying and updating the costs of facilities needed for
essential proper function of the City's infrastructure and to facilitate
environmental review.
You have asked that the City Council make specific findings for Basin BJ. I
am sorry but this hearing is not just about Basin BJ, and I will not advise my
clients to make the findings you have requested on Page 3 of your letter
which would obligate it to a course of action which nowhere in the history of
this matter is required or represented as being its obligations. The report
advises your client what to do in the future. It can ask the City Council in
L. Sue Loftin, Esq.
October 30, 2008
Page 4
the future to establish other funding mechanisms to pay for the acquisition
and relocation costs of Basin BJ. However, it is unnecessary at this time
since those obligations are imposed on future development and will be
satisfied at that time.
One final item includes the Option Agreement and the correspondence
surrounding it, which you kindly forwarded to me. Exhibit 6 contained a
2002 letter from my office advising your client how to proceed in order to
exercise that option. Your client did not follow that advice, and that Option
Agreement as to the City has expired. However, the Option Agreement
continues for your client, in which case, if exercised, the City will have the
duties and responsibilities outlined in that document.
Please let me know if you have any questions regarding the above.
Verytruly yours,
RONALD R. BALL
City Attorney
kr
cc: Mayor and City Council
Lorraine Wood, City Clerk
Lisa Hildabrand, City Manager
Glenn Pruim, Public Works Director
Dave Hauser, Deputy City Engineer
RONALD R. BALL
CITY ATTORNEY
JANE MOBALDI
ASSISTANT CITY ATTORNEY
October 31,2008
L. Sue Loftin, Esq.
5760 Fleet St, Suite 110
Carlsbad CA 92008
RONALD KEMP
DEPUTY CITY ATTORNEY
CITY OF CARLSBAD
1200 CARLSBAD VILLAGE DRIVE
CARLSBAD, CALIFORNIA 92008-1949
(760) 434-2891
FAX: (760) 434-8367
CITY OF CARLSBAD
CITY CLERK'S OFFICE
L(,,-DcC,&<x>\L\
Re: Proposed Carlsbad Drainage Master Plan ("DMP") and Proposed Development
Impact Fees for the Planned Local Drainage Areas
Dear Ms. Loftin:
This is a follow up to you to my letter of Thursday, October 30, 2008 in which you
objected to the inclusion of the Chang August 5, 2008 study in the public record on this
matter.
Our records show that you or your agent were provided a copy of the Chang
Consultants study last summer as part of your records request. I have enclosed it again
in CD form per your request.
Please let me know if you have questions.
V;
RONALD R. BALL
City Attorney
rn/enclosure
c: Mayor and City Council
Lorraine Wood, City Clerk j
Lisa Hildabrand, City Manager
Glenn Pruim, Public Works Director
David Mauser, Deputy City Engineer
OCT 3 1 2008
EY
®
ORDER OF PUBLIC HEARING PROCESS FOR THE COUNCIL MEETING OF
NOVEMBER 1 1 , 2008 - ITEM #7
DESIGN MASTER PLAN AND PLANNED LOCAL DRAINAGE AREA FEES
The Mayor closed the public hearing on this matter on August 5, 2008 The Council's
deliberations were continued until September 9, 2008 but at that meeting the , CouncH
continued the item to a future undetermined date subject to iw2^Tta^i£^£
been re-noticed and a new public hearing will take place. However the new DubHc
n'y ff688 the new or additional ^"nation that has been presented
^U9USt 5l 2°°8- Therefore' jt is mV advice to re-open ?he pubtic
FSZS* T 8nH ad?°nal inf°rmati0n that haS been Ssince August 5, 2008. Therefore, the order of procedure for this meeting would be:
'S "°
t0 new information sj
t0 information that has alreadybeen presented
> Explain the order of hearing procedure as usual.
> Call on City Manager to introduce the item.
> Ask for Council questions.
> Call on any members of the public wishing to address the Council regardingany new information that has been presented. regaramg
> Close the public hearing and call for Council discussion.
appreciate your prompt attention to these matters.
RONALD R. BALL
City Attorney
rn
c:Mayor and City Council
City Clerk
City Manager
Public Works Director
Deputy City Engineer, David Mauser
Associate Engineer, Steve Jantz BECSEDWE
NOV _ 3 2008
CITY OF CARLSBADCITY CLERK'S OFFICE
n\
t-/
BENT-WEST, LLC
ALL RECEIVED
November 3,2008
"7Ms. Jane Mobaldi, Assistant City Attorney AGENDA ITEM # [
CITY OF CARLSBAD c! May°r
1200 Caiisbad Village Drive City Council
Carlsbad, CA 92008 City M"™**City Attorney
RE: City of Carlsbad DMP&PLDA Update City Clerk
Dear Ms. Mobaldi: ___—__-_-__——
Thank you for your reply letter dated October 30 on behalf of the City Manager.
Please note the beginning of TM Condition 46 reads as follows: "In accordance with the Zone
15 LFMP, Developer shall provide for..." As you know, LFMP financing includes City funding
and reimbursements for constructing public facilities. Accordingly, our reasonable interpretation
and understanding is that the developer will facilitate the process subject to City funding.
If it was the intention of the City to require the developer to pay for everything, the City would
have written the condition to clearly state so; for example: "Developer shall, without any
funding, reimbursement or financial assistance from the City, pay for..." Naturally, we would
have rejected that condition for what it is: unfair, unreasonable and unacceptable.
Similarly, if locating and purchasing a replacement site was me developer's responsibility, why
did the City independently enter into an Option with Purchase & Sale Agreement, with an
unrelated third party, to acquire an RCOA replacement site?
The long history of this "BJ Basin" saga is replete with facts and evidence supporting the
conclusion mat the City is obligated to fully fund the land acquisition, design, construction,
relocation and related costs for this flood control facility. Conversely, it defies logic to assume
that a private property owner or developer who does not create the need for a public facility nor
benefit from it could or should be obligated to pay any of the costs, let alone all of them.
It is disconcerting that the City would try to adopt or defend such an onerous and capricious
interpretation of a TM condition when it's clear that such a condition would violate the legal
nexus standard. On behalf of the Zone 15 property owners and developers, we respectfully
request that the City do the right tiling by acknowledging its obligation to fully fund me entire
"BJ Basin" and related relocation project
David M.Bentley
CITY OF CARLSBAD
CITY CLERK'S OFFICE
7449 Magellan Street * Carlsbad, CA 92011 * 760-476-9572 * 760-809-5216
benteq@roadrunner.com
Copies: City of Carlsbad Mayor and Council Members
City of Carlsbad Planning Commissioners
Carlsbad City Manager
City of Carlsbad Public Works Director
Rancho Carlsbad Owners Assoc.
WestPartners/WSL
Holly Springs, Ltd.
Kato Family Trust
Mandana Cal Co.
Rusty Grosse
Pat & Karen Kelly
Camino Carlsbad, LLC
Wal-Mart Stores, Inc.
Ladwig Design Group
Hunsaker Assoc.
The Barkers
Richard and Melinda Barker
5150DonMataDr.
Carlsbad, CA 92010
Phone/Fax: 760(438-7765
Cell 69-572-1195
AGENDA ITEM #
c:Mayor
City Council
City Manager
City Attorney
City Clerk
November 4, 2008
Honerable Mayor and City Council
City of Carlsbad
1200 Carlsbad Village Dr.
Carlsbad, CA 92008 -
Dear Mr Mayor and Councilpersons:
You are going to vote to adopt the Drainage Master Plan. Your vote could have dire financial
consequences for each of you, individually. You may be putting your own personal assets at risk.
This is money, I am sure, you have worked hard to accumulate. Why would you want to risk it?
Here is why I say this: You are going to make a major decision base on erroneous information and
bad engineering. You know the engineering is bad because our engineer has documented this for
you.
You are going to go ahead and vote for the drainage plan, knowing the engineering is bad. If there is
flooding, you, personally, may be liable for the damages. Your City liability insurance won't cover
yOH. It is not an error or an omission. You knowingly took an action that caused the damage.
If ftis was a bridge, our engineer would be telling you the bridge is so badly designed it will fall
wa. You choose to ignore this.
This all started with your friend McMillan. It was a conflict of interest for McMillan to prepare this
flood study. His only purpose was to minimize the amount of flood control work he would have to
do; minimized his costs. He probably saved millions of dollars. It is obvious he did the bare
minimum in flood control work. I am sure he laughed all the way to the bank, when you accepted his
flood study, without question.
The good citizens of Rancho Carlsbad did not think the flood study made sense. They are not
hydrologists, so they hired an impartial expert. They hired a real hydrologist, David Cannon of
Everest International Consultants, Inc. They paid him $10,000 to thoroughly analyze the Chang
flood study. He found that Mr. Chang used the wrong methodology from the start. The McMillan
study was full of errors and unsupported conclusions.
If McMillan was here tonight I think he might tell you that it is a good idea to do another study. It
would get him off the hook. It would eliminate you personal liability and the City's liability. It
would provide protection for the residents of Rancho Carlsbad. It is a win-win situation.
But, it is your money. Do you want to risk it? Do you want to risk the lives and property of the
people ofRajicho Carlsbad.
Sincerely,
Richard G. Barker
T he L o f t i n Firm
Carlsbad Location
5760 Fleet Street, Ste. 110
Carlsbad, California 92OO8
Tel: 760.431.2111
Fax: 760.431.2OO3
Respond to Carlsbad, CA Location
www.loftinfirm.com
sloftin@loftinfirm.com
Via Facsimile & Hand Delivery
November 4,2008
Ron Ball, Esq., City Attorney
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Tennessee Location
4O7Main Street, Ste. 2O5
Franklin, Tennessee 37O64
Tel: 615.567.6722
Fax: 615.567.6723
Client/Matter NumberRCOA-:010
Attorneys at Law, LLP
CITY OF CARLSBAD
CITY CLERK'S OFFICE
Re: Your Correspondences Dated 10-30-08 & 10-31-08, received 11-3-08
Dear Mr. Ball:
This correspondence is in response to both of the above referenced correspondences from you
Thank you for your responsiveness on these important issues to the residents of Rancho Carlsbad
Country Club Estates.
CHANG JUNE 2008 HYDROLOGY REPORT
To address the simplest issue first, the Chang 2008 study. The study that you sent to me the
Association did in fact have. We were under the impression based upon Mr. Mauser's comments
at the August 5, 2008 hearing that there was an update to the Chang 2008 study which had "just
been completed." I apologize to you and the other staff members for this misunderstanding on
our part. However, this correspondence will act as an objection to the 1500+ page Chang 2008
report as part of the public record for lack of adequate public notice regarding said report.
ASSOCIATION QUESTIONS TO BE ANSWERED
Thank you for arranging to have our clients questions answered at the public hearing We have
noted however that City staff did meet and/or talk with other groups in opposition to assist in
fashioning a resolution to those other groups' issues and concerns. The Association does
appreciate the time that you took to meet with Barbara Bevis and myself regarding these issues.
BJ BASIN IS A DMP PROJECT AND THEREFORE, PROPERLY INCLUDED WITH
IN THE FEE STRUCTURE
You state that [T]he short answer is that this record and the proposed DMP and fee study do not
support an increase in development fees... This report simply does not support an increase in fees
M:\Rancho Carlsbad\Drain-Basin-Flood\Hearing 1 l-4-8\Ltr Ball 11-4-8. (v3) doc.doc
THE LOFTIN FIRM
Ron Ball, City Attorney
November 4,2008
Page 2 of5
for these purposes [purposes means payment for the land and relocation of existing facilities] I
assume by this record and this report that you are referring to the staff report and the Chang
October 2005 and June 2008 hydrology reports. David Mauser stated at the August 5, 2008
hearing that the Chang Hydrology report did not support the conclusion that BJ Basin was not a
required component of the BMP. See, also, Lisa Hildabrand Correspondence to this office dated
July 2,2008.
Therefore, your conclusions that This DMP is different from previous versions in that it includes
projects that are deemed essential for the function of the City's infrastructure but cannot be
funded from developer fees from the PLDA....Those costs cannot, in my opinion, be
constitutionally spread to other developments based on this report..., are based upon this report,
by which you mean the hydrology study performed by Chang October 2005 and June 2008.
With all due deference, the Association does not agree with the conclusions in the Chang
October 2005 and June 2008 hydrology report and supplied to staff a report from Mr. Cannon
who clearly set forth the incorrect assumptions in the two referenced Chang reports. The dispute
then with reference to this report is in the "science" upon which the City is basing it's
conclusion that the DMP does not warrant the payment for the land on which the BJ Basin will
be situated and the relocation of the amenities.
This is a substantial change in position from the prior DMP and Fees. In the City's application
to the US Army Corps of Engineers related to the Calavera Hills II, LLC project the City
represented that [T]he applicant [the City] states the detention basins1 are an integral part of the
Master Drainage Plan for the City of Carlsbad, and would provide flood control for the Rancho
Carlsbad Mobile Home Park located along and at the confluence of Agua Hedionda and
Calavera Creeks and other properties downstream. [See attachment 3, Ball Ltr. October 28,
2008] In response to the application, Permit Number 200100215RLK was issued to the City of
Carlsbad and to Calavera Hills II, LLC to (3) Construction and operation of two flood control
basins (Basins BJB and BJ) with a storage capacity of 49 acre-feet and 48 acre-feet,
respectively. Further, under section 2.3.2 the City is required to provide a conservation easement
for the area underlying detention basin BJ. The Corps-approved conservation easement for the
area underlying the second phase of mitigation shall be submitted to the corps-approved
recipient of the easement prior to commencing work on College Reach A or detention basin BJ.
Lastly, the funding for BJ Basin and Calavera Creek Improvements along N/S of RCMHP was
estimated at $2,500,000 with the identified fund source PLDA 'B" and available FY 03-04. See,
Attached 7, Ball correspondence 10-28-08. This funding chart was prepared by David Hauser
and circulated to the Zone 15 potential developers. Of note, the $2,500,000 funding requirement
' BJ Basin is described in the application under "Additional Project Information" as Basin 2 (referred to as Basin
"BJ") is located southeast of the College Boulevard/Cannon Road intersection and would have an inundation area
of approximately eight acres with a storage volume of 48 acre-fee... .and under "Proposed Mitigation" as additional
Riparian mitigation land, to wit: fAJlso, the applicants) propose to use a portion of the upstream side of Basin
"BJ" to mitigate impacts to jurisdictional waters
M:\RanchoCarlsbad\Drain-Basin-Flood\Hearing ll-4-8\LtrBall 11-4-8. (v3)doc.doc:
THE LOFTIN FIRM
Ron Ball, City Attorney
November 4,2008
Page 3 of5
for BJ Basin, including the purchase of the land and relocation of the amenities is approximately
the estimate that was provided on August 5,2008 to the council in this matter.
In conclusion on this issue, the Association's positions are that:
1. BJ Basin is a DMP public facility, and
2. as such, all expenses related to the construction and the location, on property
owned and used by the Association, of the BJ Basin are proper expenditures to be
funded from the DMP Fees.
3. The inclusion of the purchase of the land and the relocation of the amenities is
properly placed in the DMP Fees.
THE DEVELOPERS' CONDITIONS TO PAY FOR BJ BASIN RELATED EXPENSES
The Association understands that the City's position is that the Developer who first builds
College should be responsible for these expenses. First of all, conditions on a map can be
waived, changed or deleted. Secondly, the City is conditioning the Developer who wants to
improve his land to purchase land from the Association, relocate the Associations amenities and
then build BJ Basin and presumably to improve the adjacent Riparian area. To provide a nexus,
the BJ Basin must be an integral part of the Master Drainage Plan for Basin B. Secondly, if it is
an integral part of the Master Drainage Plan for Basin B, then what is the proper source of
funding for BJ Basin? The proper source of funding is the DMP Fees. If the City can access
other grant or loan sources for the funding, then that money would property belong to the DMP
Fees account and the Developer would be reimbursed from that account. There are a number of
other concepts which have been thrown against the wall on the funding issue but it is the
Association's position that those funding concepts start with the DMP Fees.
There are a number of scenarios which exemplify the problems with the solution that the
Developers will pay for it. One such scenario is what if the Developer and the Association
cannot agree on a price for the Association's land on which the Developer is required to build a
public improvement?
CORRESPONDENCE RE OPTION AGREEMENT
The correspondence from the prior assistant City Attorney was forwarded to you to provide the
depth of the discussions and issues considered while drafting the Option Agreement. The
correspondence you referenced was prepared during the negotiation phase of the Option
Agreement and the issues were resolved within the Option Agreement itself. Therefore, the
correspondence did not set forth the duties of the Association relating to the Option Agreement.
As stated at the public hearing, the Association has spent in excess of Three Hundred Thousand
Dollars ($300,000) in the performance of its obligations under the Option Agreement. When the
84" pipe was installed, and paid for by the City, the value of the Option land was greatly
increased. At that point and with full knowledge of staff, the Association began looking at other
less expensive alternatives to the Option property. By taking these actions, the Association
M:\Rancho Carlsbad\Drain-Basin-Flood\Hearing ll-4-8\LtrBall 11-4-8. (v3) doc.doc:
THE LOFTEN FIRM
Ron Ball, City Attorney
November 4,2008
Page 4 of5
recognized the obligation to the general public in Carlsbad to not expend public funds on a
project that might otherwise be completed at a substantially reduced cost.
McCLUNG V. CITYOFSUMNER (2008) WL 4349848?
This case involved an ordinance passed in Sumner, Washington (subject to Washington State
Laws) which required a developer to install an upgraded storm drain pipe or 12' when improving
the land and an agreement on the specific project as a condition of approval to install a 24' pipe,
but in neither instance was the property owner required to relinquish rights in the real property.
The Ninth Circuit used the Perm Central standard for evaluating whether a taking had occurred
and concluded that no taking had occurred.
This case is clearly distinguishable from the facts surrounding the BJ Basin. The Association is,
and will be, relinquishing rights on real property, to wit: approximately 8 acres of land.
CONCLUSION
As I have previously stated, the purpose of the materials which have been sent to Council and
Staff over the last approximately two years has been to assure the construction of BJ Basin and
payment to the Association for the land on which BJ Basin will be constructed and the costs of
relocation of the amenities. Therefore, it is my clients hope that their 10 years of cooperation and
work with the City and their expenditure of in excess of $600,000 toward the fulfillment of the
MDP goal to construct BJ Basin and relocate the amenities located on the property will be
recognized and shared by the Council. Therefore, the Association respectfully requests that the
Council take the following actions:
1. The BJ Basin is a necessary element of the overall DMP for Basin B.
2. The land on which BJ Basin is located is owned by the Association and the
Association shall be paid for such land.
3. Located on the land are amenities and improvements owned by the Association
and said amenities and improvements shall be demolished and relocated at no cost
to the Association, except if the Association elects to add any new upgrades to
those amenities at the time of construction those costs shall be the obligation of
the Association.
2 Case cited in your correspondence as Daniel McClung, et al. v. Tapps Brewing Company, Inc. (2008) DJDAR
15036, September 25, 2008.
M:\Rancho Carlsbad\Drain-Basin-Flood\Hearing 1 l-4-8\Ltr Ball 11-4-8. (v3) doc.doc:
THE LOFTIN FIRM
Ron Ball, City Attorney
November 4,2008
Page 5 of 5
4. The anticipated cost for the construction of BJ Basin and the Relocation of the
Association property and amenities is estimated as of August 2008 to be
$2,500,000.
Sincerely,
THE
cc: Mayor and City Council (hand delivered)
Lorraine Wood, City Clerk (hand delivered)
Lisa Hildabrand, City Manager (hand, delivered)
Glenn Pruim, Public Works Director (hand delivered)
Dave Mauser, Deputy City Engineer (hand delivered)
Ends, n/a
M:\Rancho Carlsbad\Drain-Basin-Flood\Hearing 1 l-4-8\Ltr Ball 11-4-8. (v3) doc.doc:
Nov 04 08 04:51 p David M.Bentley 760-476-0335 p.1
BENT-WEST, LLC
FROM:
TRANSM1TTAL
DATE: November 4, 2008
TO: Lorraine M. Wood, City Clerk
CITY OF CARLSBAD
VIA FAX 760-720-6917
David M. Bentley, President
BENTLEY-WING PROPERTIES, INC.
7449 Magellan Street
Carlsbad, CA 92011
PUBLIC RECORD ZCA 07-04/LCPA 07-06/MCA 07-01
PLEASE INCLUDE THE ATTACHED IN THE PUBLIC RECORD FOR THE ABOVE
REFERENCED CASE.
THANK YOU.
BECSEDWIE
NOV -• 4 2008
fi\
y/
CITY OF CARLSBAD
CITY CLERK'S OFFICE
7449 Magellan Street * Carlsbad, CA 92011 * 760-476-9572 * 760-809-5216
beiiteq@roadrnnner.com
Nov 04 08 04:51p David M.Bentley
BENTLEY-WING PROPERTIES
MEETING DATE: April 25,2008; 9:00 -11:00 AJVL
LOCATION : City of Carlsbad Faraday Bldg., Meeting Room 150
PARTICIPANTS: City of Carlsbad: Glenn Pruim, David Hauser
Rancho Cartsbad Owners Association: Bill Arnold, Barbara
Bevis, Jim Wattrip
West Senior Living: Dennis O'Brien
Bentley-Wing & Cantarini-HoUy Springs: David M. Bentley
Owner's Planning Consultant: Bob Ladwig - Ladwig Design
Group
SUBJECTS Detention Basin "BJ" - City of Carlsbad Engineering Staff
recommendation to Mayor and Council to delete Detention
Basin **BJ" from the Drainage Master Plan
DISCUSSION TOPICS:
1. RCOA and the Zone 15 Property Owners / Developers do not agree with the Staff
recommendation to delete Detention Basin "BJ".
2. The dredging project must proceed immediately & irrespective Detention Basin BJ
issues. What is the schedule for the dredging project?
3. What is the basis for Staffs conclusion that Basin "BJ" is no longer needed? Is
there a definitive study available for public review and scrutiny that supports Staffs
conclusion? What has changed since the Rick Study, which concluded the need for
all 4 detention basins and the Calavera Lake repairs?
4. How does the City reconcile deletion of Detention Basin "BJ" with the certified
CEQA documents & other past actions; Le. the Rick Study, the Calavera H / B&TD
#4 EIR, the Zone 15 / Cantarini-HoUy Springs conditions of approval?
5. If BJ Basin is deleted, what happens to the 33 acre wetland revegetation / mitigation
for College Blvd. & bridge impacts?
6. If Basin "BJ" is deleted, the City needs to provide indemnities for RCOA and the
Zone 15 developers,
7. When and how will the City reimburse RCOA, Bentley-Wing & Cantarini Ranch
("lead Zone 15 developers") for amounts spent toward satisfying the City imposed
conditions related to detention basin "BJ" (i.e. planning, design, applications,
wetland mitigation, and RCOA replacement/relocation sites)?
8. The City needs to provide funds for the RCOA RV/Gardens relocation, with or
without basin "BJ".
9. The City needs to convince & assure the RCOA residents of their safety & welfare if
Detention Basin "BJ" is eliminated; doing so necessitates one or more presentations
by the City at RCOA member meetings.
10. If detention basin "BJ" is deleted, what alternative land uses / development for the
basin "BJ" land will the City support?
7449 Magellan Street * Carlsbad, CA 92031
760.809-5216 * 760.476-9572 * benteq@roadrunner.com
Nov 04 08 04:51 p David M.Bentley 760-476-0335 p.3
MEETING NOTES
A 04/25/08 meeting at the City was attended by D Benfley (B-VWZone 15); B Arnold, B
Bevis & J Wattrip (RCOA); D O'Brien (WSL), B Ladwig (Consultant for all); G Pruim, D
Hauser, D Neu & D Fountain (City of Carlsbad). The meeting was preceded by an
Agenda prepared by D Benttey & RCOA (SEE ATTACHED).
City staff did not want to address most of the agenda items, preferring instead to focus
on what happens when we assume the basin is not built. Bentley noted it is difficult to
devise a workable solution when you lack confidence in the definition of the problem,
particularly the assumption that detention basin BJ is not needed. Throughout the
meeting, Bentley, RCOA and Ladwig raised agenda items the city staff wanted to avoid.
Bentley, RCOA, O'Brien and Ladwig made it dear that the Zone15 landowners have a
viable plan for relocating RCOA, but first the City needs to: (a) be clear and convincing
about whafs happening to basin BJ and why; (b) foHow through on its past
representations and promises to all parties - especially RCOA; and, (c) provide
reimbursements for past work as well as a fair funding commitment for future work.
Bentley and RCOA pushed G Pruim on the city's duty to present their findings and
support their conclusions in a public forum, including one or more presentations to the
RCOA membership. G Pruim argued that RCOA wasn't willing to listen; Bentley, Arnold,
Bevis and Wattrip assured G Pruim the RCOA will listen and, more importantly, the city
owed that to the RC residents - that's the city's job.
D O'Brien removed any doubt about the WSL commitment to the relocation plan and
noted they (WSL) are not trying to "make money" on the proposed relocation site —
they'll take fair market value for the land; WSL needs to get its project approved and if it
cant, it will simply sell the whole property and go on to something etee.
Bentley, RCOA & Ladwig voiced concerns about the credibility of the study, prepared by
McMillin, that city staff Is relying on to eliminate BJ basin. D. Hauser acknowledged the
reason McMillin did the study was to defend against efforts to make McMillin contribute
financially to detention basin BJ and the RCOA relocation. D Hauser also acknowledged
that money/reimbursements paid to McMillin for the 84" line reduced funds available for
Zone 15, including the RCOA relocation. Bentley & RCOA noted that McMillin derived a
substantial financial benefit from the 84" line - undevelopable flood plain land became
developable - and the city should recoup its costs from that subsidized windfall. D
Bentiey said the city could justify pulling money from the genera? fund for RCOA/Zone 15
by recognizing the extraordinary and disproportionate burden it has placed on Zone 15
in order to derive broader "public benefits" pursuant to the HMP Open Space Plan.
D Neu and D Fountain commented on the opportunity for a MF-Affordable project on the
BJ Apartment site. RCOA said they could probably support a MF affordable project as
long as the income levels were not too tow - B Arnold suggested a 70% AMI threshold; D
Fountain pushed for lower on a mixed income project basis. D Fountain suggested the
City might buy the apartment site for an affordable housing project, but didn't want to get
into a fight with the RCOA members over building affordable housing.
D Bentfey noted that the problem of using future residential units as an incentive for
RCOA/Zone 15 to accept higher development costs is that the City cannot pre-approve
development; in effect, the city really can't offer "development units". However, the city
Nov 04 08 04:52p David M.Bentiey 760-476-0335 p.4
can agree to reimbursements, fee credits, or outright payments for public facilities. D
O'Brien concluded that whatever happens, we need a "global settlement".
Bentiey agreed to help staff/Hauser address the estimated costs for the basin and
relocation project as part of the overall finance planning for Zone 15. The CUSD and
Cannon Rd. issues were discussed briefly; it seemed dear from the staffs limited
comments on the subject that Cannon Rd. has no real supporters in the city; particularly
in light of the environmental and funding problems is causes.
Overall, the 2-hour meeting was cordial and constructive, but concluded little; no hearing
date for Council has been set and staff continued to argue that the dredging cannot
occur until the DMP is approved. Staff also seemed to be recognizing they may have
more problems than they thought, i.e. CEQA, in eliminating basin BJ.
A 04/29/08 follow-up email from B Ladwig to G Pruim summarized why BJ Basin needs
to remain. In reply to a request for meetings with the Mayor and City Council members,
D Bentiey was told by the Council Secretary that their schedules were all full until the
week of May 12.
Nov 04 08 04:52p David M.Bentley 76°" "i Page 1 of 1
David M. Bentley
From: Bob Ladwjg [Wg@dwilsoneng.com]
Sent Tuesday, April 29, 2008 1:38 PM
To: gprui@ci.carisbad.ca.us
Cc: 'David Hauser1; dneu@ci.car1sbad.ca.us; 'Bill Arnold'; 'David M. Benttey1; 'Russ Kohl- RCOA1; 'Jim
Waftrip - RCOA'; 'Barbara Bevis RCOA'; 'Sue Loftin1
Subject: Basin BJ
Glenn
This email is a follow up to Hie meeting we had with you at the City on April 25th.
After the meeting and after digesting all that was said it became clear to me that from a City standpoint the best
interests of Rancho Carlsbad home owners (RCB) would be to leave the BJ basin in the Drainage Master Plan
(DMP) and not delete it as suggested by staff. Here are my reasons-
Negative reasons for deleting BJ from the DMP
• Deleting the basin would open up the environmental review of the basin. You don't delete a mitigation
measure from a previous certified EIR without analyzing the effects of that action.
• Deleting the basin will require a change in the outlet structure - will it be a larger box cufvert or will the
agencies in their review require a bridge / animal crossing? Who will pay for this added cost?
• The deletion of BJ and additional time and cost will also delay the adoption of the DMP and push back
again the proposed dredging which in it's self is a top priority for RCB.
• The deletion of B J will not provide RCB residents with flood protection (real or perceived) that they have
been promised and that they have paid for their fair share of.
Positive reasons for leaving BJ In the DMP !
• No delay in the adoption of the DMP/EIR. No need to address changes or new issues. The dredging
will not be delayed.
• No need for staff to explain why staff decided to remove BJ based on a developer funded hydrology
report that was not prepared and reviewed in the public process. The affected party -RCB- hired a
separate hydrologist to review the developer report and comments were rejected fay staff.
Conclusion
• We request that the City return the money, which staff has said was in the BJ account and used in part for
the 84° line in Cannon Road, to the BJ account This appears to be an inappropriate transfer of money by
staff.
• Amend the draft DMP to leave the BJ basin fn.
Please call if you have any questions.
Bob
Robert C. Ladwkj
President
Ladwig Design Group, Inc.
2234 Faraday Avenue :
Carlsbad, CA 92008
Pn: (760) 438-3182 Fax: (760) 438-0173 j
4/29/2008
Nov 04 08 04:53p David M.Bentley 76°"
November 3,2008
Ms. Jane Mobaldi, Assistant City Attorney
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, CA 92008
RE: City of Carisbad DMP & PLDA Update
Dear Ms. Mobaldi;
Thank you for your reply letter dated October 30 on behalf of the City Manager.
Please note the beginning of TM Condition 46 reads as follows: "In accordance -with the Zone
15 LFMP, Developer shall provide far,.." As you know, LFMP financing includes City funding
and reimbursements for constructing public facilities. Accordingly, our reasonable interpretation
and understanding is that the developer will facilitate the pnxx^ subject to City funding.
If it was the intention of the City to require the developer to pay for everything, the City -would
have written the condition to clearly slate so; for example: "Developer shall, -without any
funding, reimbursement or financial assistance from the City, pay for... " Naturally, we would
have rejected that condition for what it is: unfair, unreasonable and unacceptable.
Similarly, if locating and purchasing a replacement site was the developer's responsibility, why
did the City independently enter into an Option with Purchase & Sale Agreement, with an
unrelated third party, to acquire an RCOA replacement site?
The long history of this "BJ Basin'* saga is replete with fects and evidence supporting the
conclusion that the City is obligated to fully fund the land acquisition, design, construction,
relocation and related costs for this flood control facility. Conversely, it defies logic to assume
mat a private property owner or developer who does not create the need for a public facility nor
benefit from it could or should be obligated to pay any of the costs, let alone all of them.
It is disconcerting that the City would try to adopt or defend such an onerous and capricious
interpretation of a TM condition when it's clear that such a condition would violate the legal
nexus standard. On behalf of the Zone 15 property owners and developers, we respectfully
request mat the City do the right thing by adoiowledging its obUgaticm to fully fund the entire
"BJ Basin" and related relocation project
truly yours,
David M. Bentiey
7449 Magellan Street * Carlsbad, CA 92011 * 760-476-9572 * 760-809-5216
benteq@roadrunner.com
Nov 04 08 04:53p David Ivi.Bentley 760-476-0335 p.7
Copies: City of Carlsbad Mayor and Council Members
City of Carlsbad Planning Commissioners
Carlsbad City Manager
City of Carlsbad Public Works Director
Rancho Carlsbad Owners Assoc.
West Paitners/WSL
Holly Springs, Ltd
Kato Family Trust
Maodana Cal Co.
Rusty Grosse
Pat& Karen Kelly
Camino Carlsbad, IXC
Wal-Mart Stores, Inc.
Ladwig Design Group
Hunsaker Assoc.
._, .. D ., 760-476-0335 P-8Nov 04 08 04:53p David M.Bentley
October 22, 2008
Ms. Lisa Hildabrand, City Manager
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, CA 92008
RE: City of Carlsbad DMP&PLDA Update
Dear Ms. Hildabrand:
Thank you for your October 14 reply letter (copy enclosed) and notification that the City Council
will resume the DMP/PLDA hearing on November 4.
As I understand your letter, the City's desire to "remamflexible and open to new information
and considerations as circumstances change with time", has .so far precluded the City providing
clear and definitive responses to our questions in connection with detention basin "BJ".
However, because ft is the City's view that "the policy of the law is to provide certainty " to
applicants and the City, we can expect clear answers to the B J Basin questions (Le. flood control
or not, RCOA relocation, funding/reimbursements) from the City at the November 4 hearing.
In the mean time, your letter suggests an interpretation of TM Condition 55 that attempts to
relieve the City of its funding and reimbursement obligations in connection with the BJ Basin
and RCOA relocation project ft is important to note that the ambiguous language of TM
Condition 55 can also be interpreted to support the alternate position in a more compelling way.
Consider, for example, mat TM Condition 56 uses virtually identical fongnagp in connection
with a 36" and 16" water fine, yet Carlsbad Municipal Water District readily agreed to provide
full design and construction reimbursement fimding.
The City's obligation to reimburse is further supported by previous agreements, fairness,
precedent and the intent of the other parties who are subject to said conditions {Le. the Zone 15
property owners). Moreover, without city funding, TM conditions rela^
RCOA relocation would fail the legal nexus standard and therefore be invalid and unenforceable.
We appreciate UK City's consider
and positive outcomes at the City Council hearing on November 4, 2008.
yours,
David M. Bentley
7449 Magellan Street * Carlsbad, CA 92011 * 760-476-9572 * 760-809-5216
benteq@ roadrunner.com
Nov 04 08 04:54p David M.Bentley 760-476-0335 p.9
Copies: City of Carlsbad Mayor and Council Members
City of Carlsbad Planning Commissioners
City of Carlsbad Public Works Director
City of Carlsbad Planning Director
Rancho Carlsbad Owners Assoc.
WestPartners/WSL
Holly Springs, Ltd.
Kato Family Trust
Mandana Cal Co.
Rusty Grosse
Pal & Karen Kelly
Camiao Carlsbad, LLC
. Wal-Mart Stores, Inc.
Ladwig Design Group
Hunsaker Assoc.
p.iuNOV U4 u« U4:D4p uavid ivi.bentiey
REAL ESTATE
August 5, 2008
Mayor Bud Lewis & City Council Members
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, CA 92008-7314
RE: August 5,2008 Drainage Master Plan Update; (CS-004, CS-005, 2008-229, 2008-230)
Honorable Mayor & Council:
The purpose of this letter is to request that the City Council NOT approve the proposed Carlsbad
Drainage Master Plan ("DMP") and proposed Planned Local Drainage Area Fee revision without
first amending said Plan and all related studies, documents, resolutions and ordinances to ensure
mat: (1) Detention Basin BJ is clearly defined as (a) a City of Carlsbad public facility that
provides flood conirol for the Rancho Carlsbad Community and (b) a necessary public facility
even if College Blvd. "Reach A" is never constructed and even if no further development occurs
in Zone 15; and (2) all public facilities, including but not limited to Detention Basin BJ and the
College Blvd. Bridge, are properly budgeted for and fully funded by the City to provide
complete and timely payment for the design, construction and acquisition of said facilities.
Alternatively, if the City concludes, after due process, that Detention Basin BJ is not a necessary
public facility, the City should amend its DMP and execute all other legal and public processes
necessary to properly notify and inform the public and modify and/or amend all prior existing
entitlements, development permits, agreements, plans, etc. in order to establish mat Detention
Basin BJ is not required for flood control purposes.
If the City formally concludes that Detention Basin BJ is no longer required, the City must, in
any event, reimburse Zone 15 property owners and developers for the substantial expenditures
made, in reliance on the City's earlier representations and impositions, toward satisfying the
City's conditions of approval in connection with Detention Basin BJ.
As noted in my May 12,2006 correspondence (copy attached), in addition to enduring an
unnecessarily onerous and protracted regulatory review on our Cantarini-Holly Springs projects,
Zone 15 property owners face extraordinary and disproportionately higher development costs as
a result of regulatory mandates by the city, state and federal agencies. By equivocating on the
Detention Basin BJ issue and underfunding public facilities in Zone 15, the City is exacerbating
problems, creating greater uncertainty and costly conflict, and effectively ensuring that new Zone
15 development will not be financially feasible. As a consequence, College Blvd. Reach A and
Detention Basin BJ will not get built, unless by the City, and other public benefits associated
with new Zone 15 development, including generous open space dedications, public trails and
affordable housing, will not be realized.
7449 Magellan Street * Carlsbad, CA 92011 * 760-809-5216 * 760-476-9572
benteq@adelphia.net
Nov 04 08 04:55p David M.Bentley 760-476-0335 p.11
It is important to understand that Detention Basin BJ is not required by and does not benefit the
new Zone 1 5 development projects. Instead, Detention Basin BJ has been defined for decades
by the City as an important public facility providing flood protection for the Rancho Carlsbad
community. This fact is evidenced by the drainage: master plans and supporting studies produced
by the City and its consultants as well as the City's conditions of approval, certified EERs and
other actions associated with the Calavera II/Bridge & Thoroughfare District #4, Cantarini-Holly
Springs, and other Zone 1 5 projects.
Accordingly, unless the City formally determines that said flood control facility is no longer
required, it is the City's obligation to fully and completely fund the Detention Basin BJ project
More particularly, the City must purchase the land, design the detention basin, assist the current
owners (RCOA) with relocation of their existing improvements on the land, construct the
detention basin, and maintain the detention basin.
To the extent that the City can defer the construction of this flood control/public facility to
coincide with private development in Zone 15, then pursuant to the Local Facility Management
Plan, the "lead developer" will coordinate the design, construction and RCOA relocation process
under reimbursement agreements with the City. In order for this developer-managed method to
work, however, the City must formally commit to fully and timely fund all the costs.
In addition to our extensive efforts over many years to get clarity and consistency from City staff
on the Detention Basin BJ issues, as part of our final engineering submittal for College Blvd.
Reach A we have provided a detailed engineer's cost estimate for the College Blvd. bridge (copy
attached). The indicated cost for the bridge is just over S2.8M, but only $1.8 million is budgeted
in the DMP.
The Zone 15 developers/property owners need your help to ensure fair and equitable treatment
and to achieve our mutual objectives, including completing the last section of College Blvd., the
Detention Basin BJ and RCOA relocation projects, HMP Open Space dedications, affordable
housing, etc. To that end, we are requesting mat the City Council ensure the corrections,
amendments and/or modifications referenced in this letter are made to the City's DMP and fee
program.
Very truly yours,
David M. Bentley,
Cantarini Ranch, Holly Springs, DB-LuWiner, Zone 15 Owners/Developers
Copy To: Carlsbad Mayor & City Council Members
Bob Ladwig, Ladwig Design Group
Ray Martin, Hunsaker Associates
Holly Springs Ltd. Partners
Rancho Carlsbad Homeowners Association, Inc.
NorM'0'8 04:55p TJaOTTBenfley"''' /BO-476-033b p.
July 2, 2008 Letter from Lisa Hildabrand, City Manager:
",,,fhe City does nor believe Basin JSJis required for flood control purposes... "
When did the City make that determination? What is the basis for that conclusion?
What processes were followed to notify and generate input from the public?
Why weren't Zone 15 properly owners allowed to participate in the analysis?
How does this "no flood control purpose " conclusion affect the conditions of approval for
Zone 15 projects?
If the "no flood control purpose " is a credible conclusion, why was it made without public
input and why has <HjpBBBftP refused multiple invitations/requests to meet and explain
this new conclusion toj the most directly impacted property owners (RCOA, Zone 1 5)?
"... there is the potential that an area of impoundment may be created on the upstream side of
College Boulevard when Reach A is constructed. "
Note: Any impoundment is the result of the City's mandated crossing design, which was
intended to support a flood control detention basin.
What is the difference between "detention" and "impoundment5 '?
How much "impoundment" will there be & what is that conclusion based on?
If flood control is not required, why not design the culvert/road crossing to allow free
flow/avoid impoundment?
"The Environmental Impact Report for the DMP... has fatty-analyzed the impacts of a basin at
this location..."
What exactly was the *%asin" that the HER jully-anafyzed; (what distinction was made
between flood control and "impoundment)?
"The actual configuration of the drainage culvert and any accompanying basin will only be
determined when the developer of the Cantarird-Holly Springs (or other Zone 1 5) project
submits detailed design drawings for the extension of College Boulevard".
Detailed design drawings for College were submitted to the City in January 16, 2008
along with checks totaling $3 1 0,616.88.
"The sizing of the culvert and the associated flood impoundment area will be evaluated by City
staff at that time,
"flood impoundment " — I thought mis wasn't for flood control?
What did the EIR "fully analyze"?
If the drainage configuration proposed at this location causes adverse flood-related impacts to
the Association property, the developer proposing the improvements will be required to mitigate
those impacts. "
The "drainage configuration " is what the city analyzed end approved pursuant to the
Calavera n/B&TD#4 EIR. "mitigate those impacts " means the developer will pay.
"The party responsible for the Proposed &f improvements will be eligible for reimbursement (or
fee credits) from the drainage fee program up to the amount included in the Planned Local
Drainage Fee Program account for the cost of the actual improvements only. "
:ST
COPY
Nov 04 08 04:55p David M.Bentley 760-476-0335 p.13
REAL ESTATE
May 12,2006
Mayor Bud Lewis
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, CA 92008-7314
RE: Zone 15; Cantarini-Holiy Springs
Dear Mayor Lewis:
The purpose of this letter is to update you regarding the status of our 8-year development effort
in Carlsbad's Zone 15. The Council's vote in support of our Cantarini-Holly Springs projects on
December 7,2004, was the culmination of a very challenging 6 1/2 year project review process.
In January 2005, the approved project EIR and entitlements were subjected to a CEQA lawsuit;
by July 2005 we had negotiated a settlement and dismissal with plaintiff Preserve Calavera.
Since resolving the CEQA challenge, we have been working to secure the requisite state and
federal agency permits (Regional Water 401, Fish & Game 1602, Army Corps of Engineers 404,
and USF&WS HMP Equivalency). Our RWQCB 401 permit was approved in December 2005;
the Army Corps 404 and Fish & Game 1602 permits are pending USF&WS concurrence.
The most costly and convoluted resource agency process has been the new HMP "Hardline"
Equivalency concurrence with USF&WS. Essentially, USF&WS/CDF&G rejected the city's
EIR findings and HMP equivalency conclusions and demanded significant additional
concessions and costly design modifications from the landowners.
In fact, given the extraordinary delays, additional costs and onerous new regulatory burdens it
imposes, the HMP has proved disastrous for landowners. Instead of gaining greater regulatory
certainty and the permit streamlining benefits mat were promised in exchange for a landowner's
early "hardline" commitments, the HMP has imposed disproportionately higher costs and
exactions on a minority of Carlsbad's taxpayers in the form of diminished property rights, longer
and more costly reviews, larger open space dedications, higher mitigation ratios, bigger impact
fees and huge open space management endowments.
While providing no greater environmental or open space quality benefits than Carlsbad's own
Growth Management standards, the HMP (a) provides political activists with another vehicle for
wasteful litigation, (b) exacerbates the housing affordability problem and (c) consumes financial
resources that could otherwise be devoted to legitimate environmental protection and open space
programs. In sum, the HMP is a classic example of bureaucratic excess and regulatory over-
reach which, under the populist guise of "environmental protection", extorts substantial "public
benefit" from a small minority of private landowners. i
7449 Magellan Street * Carlsbad, CA. 92011* 760-809-5216 * 760-476-9572
benteq@adelphia.net
7853753335 p.14
I am hopeful that ultimately the city will devote sufficient resources to rectify the inequities and
amend its HMP, particularly those provisions that were inserted late in the process without
adequate property owner involvement or legitimate scientific justification.
In the mean time, our frustrated quest for HMP equivalency concurrence for the Cantarini-Holly
Springs projects may nearly be over. Based on our last meeting with the resource agencies (in
late March), we are making "final" changes to our plan and the Substantial Conformance map
should be ready for submittal to the city in a few days. Thereafter, we will work with staff to
generate the HMP equivalency letter requesting USF&WS concurrence.
—•—*The next significant challenge we face is financing the Zone IS College Blvd. improvements.
Constructing mis final section of College Blvd. will provide better access and improved safety
for all Zone 15 properties and substantially improve circulation for the broader northeast
Carlsbad area. To that end, an integral part of our development efforts has been regular
communication with the neighboring Rancho Carlsbad Homeowners. In addition to those
residents' substantial interest in the area's development, they have a special interest in the
enhanced access and flood control facilities associated with College Blvd.
Because several hundred Growth Management units were eliminated from Zone 15 to facilitate
the Sunny Creek Specific Plan and extra HMP open space (core and linkages), the city's Zone 15
College Blvd. off-she improvements have become an excessive funding burden for the relatively
small number of remaining units. The Zone 15 financing challenge is further complicated by
insufficient city reimbursements and recent suggestions by city officials that the "BJ** Basin is no
longer needed. Aside from the contradictions and controversy this suggestion creates, it raises
significant legal and permitting issues since the "BJ" Basin (a) is already included in at least two
of the city's certified EIRs, (b) has been issued permits by the resource agencies and (c) has been
defined in numerous city documents and communications as an integral part of the overall flood
control/drainage program affecting Rancho Carlsbad.
~~
Notwithstanding the seemingly endless impediments, assuming we finally clear our HMP
Equivalency hurdle we should be able to commence the final engineering for Cantarini-Holly
Springs and College Blvd. this summer. Then, barring any major complications in the final
engineering and grading permit process, construction could commence late next year.
I appreciate your attention and continuing support and hope you find this update helpful. Please
don't hesitate to contact me if you need additional information.e fiia
' truly yoursv
David M. Bentley, Owner/Managing Partner
Cantarini Ranch/The Bentley-Monarch Joint Venture &
0,-AppIicani/Co-Owtter for Holly Springs, BJ Apartments, Dos Colinas, DB-Lubliner
(Distribution list attached)
04:56p '"760-476-0335' p.15
Copy To: Carlsbad Mayor & City Council Members
Ray Patchett, Carlsbad City Manager
Barbara Kennedy, Carlsbad Project Planner
Jeremy Riddel, Carlsbad Project Engineer
David Hauser, Carlsbad Deputy City Engineer
Bob Ladwig, Ladwig Design Group
George O'Day, O'Day Consultants
Holly Springs Ltd. Partners
Rancho Carlsbad Homeowners Association, Inc. c/o Bill Arnold
Don Steffenson, Jr., Esq. - Monarch
Zone IS Development Group
*Nov 1)4"08 04:57p David."M'Bentley'"p. 16 •
Page 1 of1
DMBENTLEY
From:
To:
Sent
Attach:
Subject:
"DMBENTLEY11 <dmbentJey@comcastnet>
"Brian C Regan" <mail@sharnrock.uacorn>; "Bob Ladwig" <ldg@dwilsoneng.com>; "Marc Wing
<rhinomn@mindspring.com>; "Jeffrey M. ViteK" <jeff.vrtek@fsqp.com>; "Ronald Tankersley"
<tankrs@earthlink.net>; "Xavier Sustaeta" <susteeta@san.rr.com>; "Lucia & Marvin Sippef
<luciamarvin@aol.com>; "Afi Shashani" <snashani@cox.net>; "Galen Peterson"
<galen.peterson@att.net>: "Barbara Kenned/' <bkenn@ci ,carisbad.ca.us>; "Steve Jantz"
<Sjant@ci.carfebad.ca.us>; "Bill Hofman" <bhofman@hofmanplanning.coim>; "David Hauser"
<Dhaus@ci.carIsbad.ca.us>; "Erich Grosse" <erich.grosse@fsqp.com>
Tuesday, March 02, 2004 5:08 PM /V-UEO ~i 6Cwk fa^iA.Zone15.MtgNotesFebFinal.doc; Zone15.MtgAgendaMarch04.doc; Zone15CostSumry.Feb2604.doc
Zone 15 LFMP-C
PROPERTY OWNERS
CITY OF CARLSBAD-ZONE 15
LFMP-C
TRANSMITTAL
DATE: March 2, 2004
TO: Zone 15 Property Owners
SENT VIA: Email or Fax or U.S. Mail when no email address was available
ATTACHMENTS: (1) February Meeting Notes - Final; (2) March 10 Meeting Agenda;
(3) Cost Estimate Summary for Zone 15 "Core Improvements"
Greetings:
(1) The Meeting Notes from the February 18 meeting were distributed February 21, 2004. Four people
responded with requests for modifications, most of which were clarifications that did not materially alter
the original information. The most substantive modifications were provided by David Hauser and related
to the "$2.1 to 2.2 million in fees" collected from the Terraces project and "currently available for
reimbursement". That information has been corrected and incorporated into the attached Final Meeting
Notes in item "4" of "David Mauser's comments regarding reimbursements... ".
Suggested modifications regarding the '^prevailing wage" issue were not fully incorporated into the
Final Meeting Notes because the issues are still unclear, efforts to clarify are underway.
(2) An agenda for me March 10,2004 Meeting is enclosed.
(3) A summary sheet for the updated cost estimates for the Zone 15 common infrastructure, or "core
improvements" is enclosed. This information was taken from the cost estimate prepared by J T Kruer &
Co. for the Cantarini Ranch project - David M. Bentiey, Managing Partner for the Bentley-Monarch Joint
Venture.
Thank you for your participation Sffil SUppOlt.
DMBentley
3/2/2004
04 08 04:57p David M.Bentley 760-476-0335 p.17
4. Benefit Area or B&TD agreements usually include cost "indexing" provisions to
COVer COSt increases for improvements that are not immediately completed, but
don't include a provision for interest or carrying costs. Accordingly, the fee paid
by subsequent developers (those benefiting properties that pay reimbursement as
they pull building permits) might increase at approximately 1-2 percent per
annum, depending on the specific cost index.
5. From the city's perspective, a private developer reimbursement agreement can
have whatever legal terms the participants agree to. The city's primary interest is
making sure the improvements are paid for entirely and constructed in
confbrmance to all applicable engineering and construction standards.
6. While there is no single formula that is always used, cost sharing is most often
based on EDUs (Equivalent Dwelling Units) and ADTs (Average Daily Trips). In
cases like Zone I5 where there is a mix of commercial and residential properties,
the EDU calculation converts commercial land to a residential unit equivalent.
Ultimately, the Zone 15 property owners need to agree on a reasonable and fair
cost share formula.
7. The LFMP Amendment being processed with the Cantarini & Holly Springs
projects is intended to address the infrastructure and financing issues for Zone IS
in a general way, including financing alternatives. It does not commit or obligate
the local property owners to any specific finance or cost sharing plan or formula.
A specific financing plan will be approved as part of the Final Map process. At
this time, the city would like to see the finance plan section for our current LFMP
Amendment "beefed up" a little to reflect the above referenced financing
ahernatives (i.e. 1915 Act assessment district, 'Benefit Area" or B&TD, and
private developer agreement), Steve Jantz, city engineering, noted that he will
provide review comments for our latest LFMP draft document (submitted January
20,2004) in a few days.
David Mauser's comments regarding reimbursements are summarized as follows:
1.A reimbursement for the College Blvd. bridge across Sunny Creek will be paid
with drainage fee funds. The total reimbursement amount was originally
budgeted as $1.2 million and is currently estimated to be $1.5 million. The
current liming of that reimbursement is still to be determined.
A reimbursement for Basin BJ will be available from drainage fees funds; the
timing and total cost have not yet been determined. The budget needs to include
the cost of the land for the basin, the cost of the related channel improvements,
the cost of the mitigation for College Blvd. (identified under the Calavera EIR)
and the cost to relocate the current RCOA garden and RV facilities. An initial
budget of approximately $2.6 million was allocated by the city for basins BJ and
BJB, of which approximately $500,000 to $600,000 has been "spoken for" to pay
for basin BJB, which McMHh'n is constructing as part of its Calavera project. _^—
The jcity is preparing a study with an EIR to update its Master Drainage Area fees.
That -study will hdp clarify funding and budgets for C&lM
ticilities and may result in a drainage fee adjustment for'the local
Calavera Outlet Repair
Basin BJB
Basin BJ
84 Inch Storm Drain
IN
Rancho Carlsbad
Agua Hedionda and Calavera
Channel Dredging & Improvement
Faraday Basin
Melrose Basin
SUMMARY CONCLUSIONS REGARDING BASIN BJ
The City did not make an express or binding commitment with Rancho Carlsbad to construct
Basin BJ and to relocate the existing Rancho Carlsbad Owner's Association RV storage lot,
community garden and maintenance facilities (collectively the "RCOA amenities).
The City did not make an express or binding commitment to fund costs for property
acquisition or the relocation of the RCOA amenities from the proceeds of the PLDA fee
program.
The City agreed to construct flood control improvements needed to protect residents from
100-year flood event.
The most current hydrology study prepared by Chang Consultants, as commissioned by the
City, concludes that the residents can be protected from the 100-year flood event under the
following conditions:
o All existing constructed flood control improvements are included in the analysis,
o The Agua Hedionda and Calavera Creek channel dredge and improvement
project is completed as proposed,
o Calavera Dam is operated as a flood retention facility assuming lowering of the
lake level in advance of a forecasted storm event and opening of all outlet valves
during the storm event; and,
o With or without the construction of Basin BJ as a flood retention facility.
Basin BJ provides some 100-year flood protection benefits to the Rancho Carlsbad residents
but is not projected to result in the removal of any additional units from the 100-year flood
plain.
Reasons to include Basin BJ in the Master Drainage Plan:
o Provides added flood protection to the Rancho Carlsbad Community
o Has been included the City's drainage master plan since 1980
o Has been included in the PLDA fee program since 1980
o Has received environmental approval and been issued resource agency permits
o Construction of College Boulevard Reach 'A' and associated drainage culvert will
likely require a detention basin upstream of the road
o Keeping Basin BJ in the master plan provides flexibility for foreseeable future
events
Reasons to exclude property acquisition and RCOA amenity relocation cost from PLDA fee:
o Acquisition and relocation costs are not included within cost estimates for the
other PLDA facilities,
o Cantarini and Holly Springs developments are conditioned to fund Basin BJ costs
including any property acquisition and RCOA amenity relocation costs.
o Staff can not recommend the required affirmative finding that these costs are
reasonably related to the needs of future development
RANCHO CARLSBAD FLOOD PROTECTION - CHRONOLOGY OF EVENTS
• In early 1980s, the Federal Emergency Management Agency (FEMA) prepared
hydrology studies concluding that much of Rancho Carlsbad was located within the 100-
year flood plain.
• June 1980: Council approved update to the DMP including Planned Local Drainage
Area (PLDA) Facility BJ which included a siltation basin facility in the general proximity
of the current Rancho Carlsbad RV storage lot, community garden and maintenance
facilities. The basin was not intended for flood control.
• March 1994: Council approved update to the DMP which included a proposed project to
widen the Calavera Creek channel through the Rancho Carlsbad residential community
to provide 100-year flood protection.
• In 1995, the Rancho Carlsbad residents applied for permits to convert Rancho Carlsbad
from a rental to a home ownership project. During project review, City staff raised the
issue of the adequacy of existing flood protection measures. Residents within the 100-
year flood plain would be required to obtain flood insurance to obtain mortgage loans.
• May 1996, the residents submitted a drainage study prepared by Howard Chang
Consultants in support of their conversion project request. The study concluded that
potential flood impacts were negligible and would last for a short duration approximately
once every one hundred years. Howard Chang recommended use of a non structural
flood protection approach including advance warning and evacuation of the residents
during a flood event.
• December 3, 1996, City Council approved an amendment to the City Drainage Master
Plan to include flood mitigation improvements for Rancho Carlsbad. Specific
improvements were not identified in the amendment. The project description included
references to non-specific project components including "...berms, levees and other
features such as detention areas..". The estimated cost of the improvements was
$325,000.
• January 21, 1997, Council approved the Rancho Carlsbad conversion project. The
Rancho Carlsbad property owners were conditioned to:
o Contribute $318,000 over a ten year period to fund the Rancho Carlsbad flood
mitigation improvements,
o Dedicate right of way for College Boulevard and drainage easements over the
Calavera and Agua Hedionda Creek channels located within the park boundary,
o Enter into a drainage hold harmless agreement.
The City agreed to assume responsibility for the construction of the flood mitigation
improvements and future maintenance of the drainage channels. At the time this
arrangement was made, the Basin BJ improvement project was not anticipated to be a
part of the flood mitigation work.
• February 4, 1998, Council approved the final map and accepted the channel drainage
easements and College Boulevard dedication.
• March 24, 1998: Recordation of the Contract to Secure Future Public Improvements
recorded with Rancho Carlsbad residents which contained the conditions and
requirements under which residents would make payments on the $318,000 contribution
to the PLDA fee program. No specific provisions were included about the City's
obligation to construct the flood mitigation improvements. The current funding estimate
for all the flood control improvements required to mitigate flooding within Rancho
Carlsbad is approximately $12 million excluding any Basin BJ relocation and property
acquisition expenses.
• June 30, 1998, Rick Engineering prepared a drainage study, at City's request, which
recommended four major detention basins (Basin BJ, Basin BJB, Faraday Basin and
Melrose Basin), widening of Calavera Creek and dredging and improvement to the Agua
Hedionda Channel. The study included detention within Lake Calavera but assumed the
existing outlet valves were permanently closed.
• December 19, 2001: In response to RCOA concerns regarding Robertson Ranch
Master Plan, David Mauser sent a draft unsigned letter to Sue Loftin to memorialize
certain understandings regarding the future relocation of the RCOA amenities located on
Parcel 4, (site of the proposed Basin BJ improvement). Mr. Mauser's unsigned letter:
" Acknowledged that future construction will require relocation of the RCOA
amenities
' Stated that staff will pursue the goal of collaboratively working with the Rancho
Carlsbad owners, the Zone 15 developers and the McMillin Company towards a
solution to the relocation issue.
' Stated staff will pursue the goal of crafting a financial plan for the relocation effort
in such a manner as to not require any financial involvement of the Rancho
Carlsbad owners over and above their fee contribution and future dedication of
the easements to construct Basin BJ.
1 Stated that it was also the City's intention to require establishment of an
appropriate financing mechanism to spread the costs of relocation in a fair and
equitable manner in accordance with State law prior to construction of College
Boulevard Reach A and Basin BJ.
These statements:
Did not commit the City to funding of the Basin BJ improvements and associated
RCOA amenities relocation costs from the proceeds of the PLDA fee program.
1 Were premised on the understanding that Basin BJ is a needed PLDA facility and
will ultimately be constructed.
' Do not rise to the level of a binding agreement approved by City Council. Only
those agreements specifically approved by City Council can serve to bind the
City. Council retains full discretion to revise the DMP and to add or delete PLDA
funded facilities in accordance with State law and, to direct staff to pursue new
courses of action as Council deems necessary and in the best interest of the
public good.
• January 15, 2002, City Council approved Resolution No. 2002-016 certifying the
Robertson Ranch EIR and Master Plan. Included was a Condition which required
McMillin Homes to enter into a three party option agreement with the City and the
RCOA. The option agreement:
Was intended to provide the City and the RCOA an opportunity to purchase a
5.7 acre site from McMillin to be developed as a replacement RV storage lot and
community garden for the Rancho Carlsbad residents.
' The condition and subsequent Option Agreement dated October 8, 2002 did not
bind the City to fund the option parcel purchase from PLDA funds. Language
included in the Condition states "The City shall provide the mechanism whereby
the purchase by the Association shall be eligible for credit and repayment from
the appropriate funding source or sources established by the City which include
this purpose. Any such credit and repayment mechanism shall be implemented
prior to or concurrent with the transfer to the City by the Rancho Carlsbad
Owners Association of the property rights to install Basin BJ."
• In 2004 and 2005, Rick Engineering prepared supplemental drainage studies. These
studies included detention within Lake Calavera and assumed operation of the outlet
valves during a storm event but did not investigate the option of lowering the lake level in
advance of a storm or removal of Basin BJ.
• In October 2005, McMillin commissioned Chang Consultants to prepare a drainage
study to review need for constructing Basin BJ as part of Robertson Ranch project. The
study concluded that the flood control objectives for Rancho Carlsbad can be obtained
without construction of Basin BJ by lowering the surface level of Calavera Lake in
advance of a forecasted storm event and by keeping the outlet values fully open during
the storm event.
• In November 2005, Mr. David Cannon submitted a letter in response to the Robertson
Ranch EIR challenging various assumptions of the Chang Consultants Basin BJ report.
Mr. Cannon did not submit a drainage study or technical analysis that conflicted with the
results of the Chang study. Staff disagreed with Mr. Cannon's assertions and agreed
with the analysis and conclusions of the Chang Consultants Basin BJ report.
• In 2008, the City commissioned Chang Consultants to prepare supplemental studies in
support of the proposed application to revise the FEMA flood plain map. The
supplemental study concludes that with the completion of the dredge and improvement
project and the operation of Calavera Dam as a flood retention facility, all but a few (less
than 9) of the lots within the Rancho Carlsbad facility will be completely removed from
the 100-year FEMA flood zone. This is consistent with what Council has committed to in
the past. The revised modeling shows that including Basin BJ does not decrease the
number of lots in the flood plain.
ZONE 15 REQUIREMENTS
• The amended Zone 15 Local Facilities Management Plan (LFMP 15C) includes
language within the financing section that states as follows:
"The financing for the required drainage facilities shall be borne by the developer of
Zone 15. To the extent provided by City Planned Local Drainage Area Fee Program,
the cost incurred by individual developers for constructing Master Plan Drainage
facilities shall be reimbursed from Planned Local Drainage Area "B" fee revenues at
a time and in a manner as determined by City Council."
• The Cantarini and Holly Springs projects are located within Zone 15 and are subject to
the requirements of the plan. The plan requires developers within Zone 15 to construct
Basin BJ as a condition of development; however, the Basin BJ improvement description
as stated in the plan did not specifically address the RCOA amenity relocation or
property acquisition.
• Staff carefully reviewed the conditions of approval for the Cantarini (CT 00-18) and Holly
Springs (CT 00-21) projects as well as the Local Facilities Management Plan (LFMP) for
Zone 15 and found no reference in the conditions of approval requiring City
reimbursement or funding for the construction of Basin BJ or the property acquisition or
RV and Community Garden relocation expenses.
• As presently conditioned, the developer of either the Cantarini or Holly Springs project is
required to:
"...provide for the relocation of the existing Rancho Carlsbad RV storage lot,
maintenance facilities and community garden (collectively the "Rancho Carlsbad
Facilities") impacted by the College Boulevard and Basin BJ improvements. The
developer obligation includes, but is not limited to, securing an alternate site for
relocating the Rancho Carlsbad Facilities, obtaining a Conditional Use Permit (CUP)
and/or other discretionary permits necessary for the relocation and constructing
replacement improvements for the Rancho Carlsbad Partners property...."
• Mr. Bentley did not protest this condition when it was recommended at the Planning
Commission or approved at the City Council hearing on these projects. At this time his
course of action, if he wishes to proceed with the project(s), would be to comply with the
condition as approved or request amendment of his project's conditions of approval.
Alternatively, he, or the future developer, can elect not to proceed with the project and let
the project expire or wait until someone else constructs the improvement.
nnnnn
n
nnnnnnn
nnnnnnnnDnnnn
Current Cost
Rancho Carlsbad Flood Control Improvements
Facility
Basin B JB
Basin BJ *
Faraday Basin
Melrose Basin
Proposed 84" Storm Drain
Agua Hedionda & Calavera Channel
Dredging and Improvement
Lake Calavera Outlet Repair
Total
Cost
3,000,000
500,000
300,000
28,000
2.500,000
2,600,000
3,700,000
$12,600,000
Does not include cost for property acquisition or RV storage relocation
This space is for the County Clerk's Filing Stamp
PROOF OF PUBLICATION
(2010 & 2011 C.C.P.)
STATE OF CALIFORNIA
County of San Diego
I am a citizen of the United States and a resident of
the County aforesaid: I am over the age of eighteen
years and not a party to or interested in the above-
entitled matter. I am the principal clerk of the printer
of
North County Times
Formerly known as the Blade-Citizen and The Times-
Advocate and which newspapers have been
adjudicated newspapers of general circulation by the
Superior Court of the County of San Diego, State of
California, for the City of Oceanside and the City of
Escondido, Court Decree number 171349, for the
County of San Diego, that the notice of which the
annexed is a printed copy (set in type not smaller than
nonpariel), has been published in each regular and
entire issue of said newspaper and not in any
supplement thereof on the following dates, to-wit:
October 25th & 31st, 2008
I certify (or declare) under penalty of perjury that the
foregoing is true and correct.
Dated at OCEANSIDE, California
This 3if, day of October,
Vf/ "
Jane Allshouse
NORTH COUNTY TIMES
Legal Advertising
Proof of Publication of
NOTICE OF PUBLIC HEARING
, NOTICE IS HEREBY GlVEN to you that the 1' City Council of the City of Carlsbad will holda public hearing at the Council Chambers.1200 Carlsbad Village Drive. Carlsbad, California, ai6:00 p.m. on Tuesday, November 4, 2008, toconsider:
1. Adoptjng a resolution approving the City of Carls-bad Drainage Master Plan and proposed PlannedLocal Drainage Area Fee revision;
2. Introducing an ordinance approving changes to Ti-tles 15 of the Carlsbad Municipal Code regarding thePlanned Local Drainage Area Fee adjustments (MCA07-01);
3. Introducing an ordinance approving changes to Ti-tle 21 (Zoning Ordinance) of the Carlsbad MunicipalCode to revise outdated references to the DrainageMaster Plan and Model Erosion Control Ordinance(ZCA 07-04);
The proposed City of Carlsbad Drainage Master Planis a comprehensive, citywide planning document. TheZoning Ordinance and Local Coastal Program amend-ments and Title 15 changes affect properties through-out Carlsbad and the Coastal Zone.
The Calavera and Agua Hedionda Creeks project
proposes the dredging and long-term maintenance ofportions of Agua Hedionda and Calavera creeks inand near the Rancho Carlsbad residential communityand near and east of the intersection of El CaminoReal and Cannon Road.
Those persons wishing to speak on this proposal arecordially invited to attend the public hearing. Copiesof the agenda bill will be available on and after Octo-ber 31,2008.
Copies of the proposed City of Carlsbad DrainageMaster Plan are available for public inspection at tneCity Clerk's Office, 120.0 Carlsbad Village Drive, theEngineering and Planning Departments, 1635 Fara-
dayAvenue.andtneCity'swebsiteawww.ci.carisbad.ca.us.
Written and telephone inquiries may be directed toSteven Jantz of the Engineering Department, 1635Faraday Avenue, Carlsbad, CA 92008 (760)602-2738.
If you challenge the Drainage Master Plan Updateand the Calavera and Agua Hedionda Creeks projectin court, you may be limited to raising only those is-sues you or someone else raised at the public hearingdescribed in this notice or in written correspondencedelivered to the City of Carlsbad, Attn: City Clerk'sOffice, 1200 Carlsbad Village Drive, Carlsbad, CA92008, at or prior to the public hearing.
CASE FILE: ZCA 07-04/LCPA 07-06/MCA 07-01
CASE NAME: Drainage Master Plan Update/Calavera& Agua Hedionda Creeks
PUBLISH: October 25 and October 31, 2008
CITY OF CARLSBADCITY COUNCILNCT 2181266
See IfisfnicflorDfteJef i~~
for Easy Peel Feature^
Alman Taranton
Director of Development
Westfield, LLC
402 W. Broadway, Suite 2050
San Diego, CA92101
Aldea martin
5139 Don Rodolfo Drive
Carlsbad CA 92010
John Gledhill
3422 Don Cota Drive
Carlsbad, CA 92010
Gisela Harmuth
5133 Don Miguel Drive
Carlsbad CA 92010
John Wade
5318 Don alvarez Drive
Carlsbad CA 92010
Jean Crawford
3430 Don Cota Drive
Carlsbad CA 92010
John & Dorothy Green
5341 Don Miguel Drive
Carlsbad, CA 92010
The Loftin Firm
5760 Fleet Street, Suite 100
Carlsbad, CA 92008
Benteq Real Estate
7449 Magellan Street
Carlsbad, CA 92011
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BUREAU OF INDIAN AFFAIRS
2800 COTTAGE WAY
SACRAMENTO CA 95825
BUSINESS, TRANS & HSG AGENCY
STE2450
980 NINTH ST
SACRAMENTO CA 95814
CA COASTAL COMMISSION
STE 103
7575 METROPOLITAN DR
SAN DIEGO CA 921084402
CANNEL ISLANDS NATL PARK
SUPERINTENDENT'S OFFICE
1901 SPINNAKER DR
SAN GUENA VENTURA CA 93001
CITYOFENCINITAS
505 S VULCAN AVE
ENCINITAS CA 92024
COASTAL CONSERVANCY
STE 1100
1330 BROADWAY
OAKLAND CA 94612
COUNTY OF SD
SUPERVISOR
RM335
1600 PACIFIC
SAN DIEGO ca 92101
DEPT OF ENERGY
STE 400
611 RYANPLZDR
ARLINGTON TX 760114005
DEPT OF DEFENSE
LOS ANGELES DISTENG
PO BOX 2711
LOS ANGELES CA 90053
DEPT OF FISH & GAME
ENV SERV DIV
PO BOX 944246
SACRAMENTO CA 942442460
DEPT OF ENERGY
STE 350
901 MARKET ST
SAN FRANCISCO CA 94103
DEPT OF FOOD & AGRICULTURE
AGRICULTURAL RESOURCES
RM100
1220NST
SACRAMENTO CA 95814
DEPT OF FORESTRY
ENV COORD
PO BOX 944246
SACRAMENTO CA 942442460
DEPT OF TRANSPORTATION
RM 5504
1120NST
SACRAMENTO CA 95814
DEPT OF HOUSING & URBAN DEV
600 HARRISON ST
SAN FRANCISCO CA 94107
FEDAVD
POBOX92
LOS ANGELES
UN WESTERN REG
DEPT OF JUSTICE
DEPTOFATTYGEN
RM700
110 WEST AST
SAN DIEGO CA 92101
MARINE RESOURCES REG DR & G
ENV SERVICES SPR
STEJ
4665 LAMPSON AVE
LOS ALAMITOS CA 907205139
OFF OF PLANNING & RESEARCH
OFF OF LOCAL GOV AFFAIRS
PO BOX 3044
SACRAMENTO CA 958123044
SAN FRANCISCO BAY CONSERV & DEV
COM
STE 2600
50 CALIFORNIA ST
SAN FRANCISCO CA 941114704
SANDAG
EXEC DIRECTOR
STE 800
1STINTLPLZ401BST
SAN DIEGO CA 92101
SD COUNTY
PLANNING & LAND USE DEPT
STE B-5
5201 RUFFIN RD
SAN DIEGO CA 92123
SDGE
8315 CENTURY PARK CT
SAN DIEGO CA 92123
STATE LANDS COMMISSION
STE 1005
100 HOWE AVE
SACRAMENTO CA 958258202
STATE LANDS COMMISSION
STE100S
100 HOWE AVE
SACRAMENTO CA 95825
US ARMY CORPS OF ENGINEER
1455 MARKET STFL17
SAN FRANCISCO CA 941031368
US BUREAU OF LAND MGMT
STE RM W
2800 COTTAGE WY
SACRAMENTO CA 95825
US BUREAU OF RECLAMATION
MID PACIFIC REG
2800 COTTAGE WY
SACRAMENTO CA 95825
US FISH & WILDLIFE SERVICES
2800 COTTAGE WAY
STEW-2605
SACRAMENTO CA 958251888
USDA RURAL DEVELOPMENT
DEPT 4169
430 GST
DAVIS CA 95616
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MARC I KOSKI
US FISH AND WILDLIFE SERVICE
CARLSBAD OFFICE
6010 HIDDEN VALLEY ROAD
CARLSBAD, CA 92011
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for Easy Peel Feature ^IAVERY®5160«
CHRISTINE BECK
CA DEPT OF FISH AND GAME
SOUTH COAST REGION
4949 VIEWRIDGE AVE
SAN DIEGO, CA 92123
EILEEN KHACHATOURIANS
DEPARTMENT OF TOXIC
SUBSTANCES CONTROL
5796 CORPORATE AVENUE
CYPRESS, CA 90630
DAVE SINGLETON
NATIVE AMERICAN HERITAGE
COMMISSION
915 CAPITOL MALL, ROOM 364
SACRAMENTO, CA 95814
FRED SANDQUIST
BATIQUITOS LAGOON FOUNDATION
PO BOX 130491
CARLSBAD, CA 92013-0491
DIANE NYGAARD
PRESERVE CALAVERA
5020 NIGHTHAWK WAY
OCEANSIDE, CA 92056
JAMES W. ROYLE, JR.
SAN DIEGO COUNTY
ARCHAEOLOGICAL SOCIETY
PO BOX 81106
SAN DIEGO, CA 92138-1106
RUSSELL ROMO
SAN LUIS REY BAND OF MISSION
INDIANS
1889 SUNSET DRIVE
VISTA, CA 92081
BOB LADWIG
LADWIG DESIGN GROUP, INC.
2234 FARADAY AVENUE
CARLSBAD, CA 92008
DAVID BENTLEY
BENTLEY MONARCH JOINT VENTURE
7449 MAGELLAN ST
CARLSBAD, CA 92011
KAREN MERRILL
6901 QUAIL PLACE
UNITC
CARLSBAD, CA 92009
RUSS KOHL
3317 DON PABLO DR
CARLSBAD, CA 92010
ISABELLE KAY
UNIVERSITY CALIFORNIA SAN DIEGO
9500 OILMAN DRIVE
LAJOLLA, CA 92093-0116
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C/O US BANK NA
PO BOX 64142 #100
STPAUL, MN55164
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SULLIVAN FAMILY TRUST
3467 DON ARTURO DR
CARLSBADCA92010
COREY BARBARA A
3461 DON ARTURO DR
CARLSBAD CA 92010
CHARTRAW KATHERINE L TRUST
02-27-06
3455 DON ARTURO DR #303
CARLSBAD CA 92010
PINSKE HERBERT A
3449 DON ARTURO DR
CARLSBAD CA 92010
WINTERS-DEREUS ROSA
3443 DON ARTURO DR
CARLSBAD CA 92010
ANSELL FAMILY LIVING TRUST 03-
14-95
3437 DON ARTURO DR
CARLSBADCA92010
ALLEN FAMILY TRUST 12-09-91
3431 DON ARTURO DR
CARLSBAD CA 92010
FISSORI NELLIE J LIVING TRUST 02-
08-01
3430 DON LORENZO DR
CARLSBAD CA 92010
PIPPEN NANCY M
3432 DON LORENZO DR
CARLSBADCA92010
CONWAY NEIL B&MONICA L
3436 DON LORENZO DR
CARLSBADCA92010
MCCRACKEN JOANN TRUST 02-27-
08
3438 DON LORENZO DR
CARLSBADCA92010
CHARTRAW KATHERINE L TRUST
02-27-06
3455 DON ARTURO DR
CARLSBAD CA 92010
SALIBO FAMILY TRUST 02-16-04
3444 DON LORENZO DR
CARLSBAD CA 92010
BABA THOMAS V TRUST
4336 DONskORENZO
CARLSBADXJA 92010
GELLERT PAMELA E
3448 DON LORENZO DR
CARLSBADCA92010
HAINES JANET L REVOCABLE
LIVING TRUST
P 0 BOX 235092
ENCINITASCA 92023
WEBBER MARTHA D TRUST 03-03-
05
3499 DON PORFIRIO DR
CARLSBAD CA 92010
NICKLIN DAVID A&GUADALUPE
3454 DON LORENZO DR
CARLSBAD CA 92010
THORNBURG MONTE L&LINDA D
3456 DON LORENZO DR
CARLSBAD CA 92010
ULYATE TRUST 03-16-89
3458 DON LORENZO DR
CARLSBAD CA 92010
PODRUP TRUST 06-25-96
3460 DON LORENZO DR
CARLSBAD CA 92010
MCLEOD FRANK&MARY J
REVOCABLE TRUST 04-03-90
7656 SUMMERFIELD DR
VERONA Wl 53593
STANSLOW ROBERT REVOCABLE
LIVING TRUST 03-18-04
3464 DON LORENZO DR
CARLSBAD CA 92010
WHEELER CAROL N IRREVOCABLE
TRUST 06-30-05
C/O EARL WHEELER
36240 PECAN CT
FREMONT CA 94536
MACE BRYAN A
3468 DON LORENZO DR
CARLSBAD CA 92010
MALEN WALTER TR&MALEN
ELEANOR M TR
3470 DON LORENZO DR
CARLSBAD CA 92010
GORDINIER D&S FAMILY TRUST
3472 DON LORENZO DR
CARLSBAD CA 92010
CULBERT ROBERT D&LAURA
3476 DON LORENZO DR
CARLSBAD CA 92010
WEISS GARY F&REBECCA J <DVA>
3478 DON LORENZO DR
CARLSBAD CA 92010
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PUZO DAVID A
3460 DON PORFIRIO DR
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KIRBY BRUCE
3468 DON PORFIRIO DR
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3476 DON PORFIRIO DR
CARLSBAD CA 92010
JONES FAMILY TRUST 01-12-04
3489 DON PORFIRIO DR
CARLSBAD CA 92010
BARKER RICHARD&MELINDA
FAMILY TRUST 11-05-04
5150DONMATADR
CARLSBAD CA 92010
SIMMONS FAMILY TRUST 03-19-90
3473 DON PORFIRIO DR
CARLSBADCA92010
LAYMAN JAMES A&PATRICIA R
3465 DON PORFIRIO DR #284
CARLSBAD CA 92010
KAISER DOROTHY L
3457 DON PORFIRIO DR
CARLSBAD CA 92010
MALTROTTI JOHN S&JEAN T
3447 DON PORFIRIO DR
CARLSBAD C A 92010
COURTNEY LUCIEN&MARION
FAMILY TRUST
3441 DON PORFIRIO DR
CARLSBAD CA 92010
CHRISTY KAREN
3444 DON PORFIRIO DR
CARLSBAD CA 92010
HARKINS STEVEN
3432 DON ARTURO DR
CARLSBAD CA 92010
BENTLEY CORALIE A FAMILY
TRUST 10-13-05
3440 DON ARTURO DR
CARLSBAD CA 92010
BOTTO ALBENO L&MARY
REVOCABLE LIVING TRUST
3446 DON ARTURO DR
CARLSBAD CA 92010
ARMSTRONG CHRISTINA R
REVOCABLE TRUST 05-13-03
3452 DON ARTURO DR
CARLSBAD C A 92010
PARKER JACQUELYN
2306 LANYARD PL
CARLSBAD CA 92008
RNIA
CY 00000
THULIN GRACE LIVING TRUST 11-
24-97
3458 DON ARTURO DR
CARLSBAD CA 92010
RICHTER FAMILY TRUST 03-04-87
2808 OCEAN VILLAGE WAY
OCEANSIDE CA 92054
EVANS POINT HOMEOWNERS ASSN
C/0 MARCIA GOODMAN
10721 TREENAST#200
SAN DIEGO CA 92131
C I C GLEN RIDGE L P
C/O JAMES SCHMID
5993 AVENIDA ENCINAS #101
CARLSBAD CA 92008
CALAVER\HILLS II L L C
C/O MCMILLW COMPANIES LLC
2727 HOOVE
NATION AlTCITY^A 91950
ROBERTSON FAMILY TRUST 04-19-
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3472 DON ARTURO DR
CARLSBAD CA 92010
BAKER GERALD L
3480 DON ARTURO DR
CARLSBAD CA 92010
ROBLES ALBERT C&MARY P
3488 DON ARTURO DR
CARLSBAD CA 92010
SMITH BARBARA J TRUST 10-24-00
3485 DON ARTURO DR
CARLSBAD CA 92010
REITER MILTON H&LAVONNE M
3479 DON ARTURO DR
CARLSBAD CA 92010
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5342 DON ALVAREZ DR
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SCHAAF FAMILY TRUST 09-02-84
23840 PARK BELMONTE
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5358 DON ALVAREZ DR
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ERNST JOHN O&ALLEGRA
24081 STAVE
SAN DIEGO CA 92101
MURRAY SUZANNE SEPARATE
PROPERTY TRUST 07-18-00
3402 DON JOSE DR
CARLSBADCA92010
ULLMAN DONNA M
3408 DON JOSE DR
CARLSBAD CA 92010
GUESS FAMILY EXEMPTION TRUST
06-05-74
C/0 JILL A ROBB
P 0 BOX 675550
RANCHO SANTA FE CA 92067
BARNETT FAMILY TRUST 10-23-03
3420 DON JOSE DR
CARLSBAD CA 92010
GLAUSER CONSTANCE R LIVING
TRUST 10-21-05
C/O PATRICIA KINBERG
7345 ALTIVA PL
CARLSBAD CA 92009
COTTINGHAM KENNETH E&DIANE B
3432 DON JOSE DR
CARLSBAD CA 92010
HUNSICKER JOHN&SANDRA L
3438 DON JOSE DR
CARLSBAD CA 92010
NEAL FAMILY TRUST 06-02-00
3444 DON JOSE DR
CARLSBAD CA 92010
CUFSTIS TRUST 01-08-85
3450 Q0N JOSE DR
CAr#SBKDCA92010
SAIDENBERG CHARLES&SHARON
FAMILY TRUST 09-05-06
3456 DON JOSE DR
CARLSBADCA92010
SELKOWITZ EVELYN
3462 DON JOSE DR
CARLSBAD CA 92010
DIMINNO VINCENZO&JEANNE
REVOCABLE TRUST 08-22-89
3468 DON JOSE DR
CARLSBADCA92010
HRACA JOSEPH A&BEATRICE H
TRS
3474 DON JOSE DR
CARLSBAD CA 92010
MCL£§D NA0MI P
3475 DoVjOSE DR
CARLSBACKCA 92010
KUVER GREGORY H&ISABEL
PSC82
BOX 002
APOAE 09710
KOPLOF FAMILY TRUST 02-19-01
3457 DON JOSE DR
CARLSBAD CA 92010
GREER ARTHUR W&CARMEN C
3449 DON JOSE DR #268
CARLSBAD C A 92010
NORTH GEORGE E&RITA M <DVA>
3441 DON JOSE DR
CARLSBAD CA 92010
PRICE FAMILY TRUST 10-19-72
3433 DON JOSE DR
CARLSBAD CA 92010
CALLAHAN SURVIVORS TRUST 04-
09-93
3423 DON JOSE DR
CARLSBAD CA 92010
GALLERY FAMILY TRUST 07-31-96
3415 DON JOSE DR
CARLSBAD CA 92010
AUGLERA-KAUFMAN PAULINE
TRUST 10-28-98
3420 DON JUAN DR
CARLSBAD CA 92010
KRAHN RAY E&VERNA M
3438 DON JUAN DR
CARLSBADCA92010
SLAUGHTER GRACE E TRUST 04-
12-00
3434 DON PORFIRIO DR
CARLSBAD CA 92010
CHRISTY LIVING TRUST 11-05-02
3444 DON PORFIRIO DR
CARLSBADCA92010
Etiquettes faciles a peter
I Mllcav la naharf* AUCOV® *1«1*Sens de charaement
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construction
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1-800-GO-AVERY
Easy Peel Labels
Use Avery* TEMPLATE 5160*
BREM LARRY R&JUDY L
5143 DON MATA DR
CARLSBADCA92010
See Instruction Sheet j
for Easy Peel Feature ^
SUCHWALA FAMILY TRUST 03-10-94
5151 DON MATA DR
CARLSBAD CA 92010
PACE FAMILY LIVING TRUST 12-21-
91
5157 DON MATADR
CARLSBAD CA 92010
ENIGENBURG FAMILY TRUST 06-22-
99
5163 DON MATADR
CARLSBAD CA 92010
BRAXTON FRED J REVOCABLE
TRUST 04-27-92
C/0 ASHLEIGH R BRAXTON
8900 S HARPER AVE
CHICAGO IL 60619
BOOZER ELYSIA LIVING TRUST 11-
04-89
5177 DON MATADR
CARLSBAD CA 92010
S&S TRUST 04-04-84
5183 DON MATADR
CARLSBAD CA 92010
WYATT ROBERT S&PATRICIA
3443 DON ALVAREZ DR
CARLSBAD CA 92010
COSTAIN JEAN E TRUST 03-30-06
2074 STEIGER LN
OCEANSIDE CA 92056
PARK TRUST 01-20-02
3427 DON ALVAREZ DR
CARLSBAD CA 92010
GROESBECK MARY J TR
3419 DON ALVAREZ DR
CARLSBAD CA 92010
TURNER LAWRENCE D FAMILY
TRUST
3411 DON ALVAREZ DR
CARLSBAD CA 92010
DEVANE SUSAN LIVING TRUST 03-
19-99
5157 DON MATADR
CARLSBADCA92010
WALTRIP JAMES C&NOREEN M
FAMILY TRUST 07-17-00
3406 DON COTA DR
CARLSBAD CA 92010
LYMAN ROBERT H LIVING TRUST
03-08-01
3414 DON COTA DR
CARLSBADCA92010
GLEDHILL JOHN G&M MARLYS
3422 DON COTA DR
CARLSBAD CA 92010
CRAWFORD DAVID W&JEAN E
INTERVIVOS TRUST 05-24-8
3430 DON COTA DR
CARLSBAD CA 92010
TAYLOR ANN&BILL TRUST 09-18-00
3438 DON COTA DR
CARLSBADCA92010
MUNRATH EARL J REVOCABLE
TRUST 04-10-06
3446 DON COTA DR
CARLSBAD CA 92010
SCHIMPF EMIL&JEAN FAMILY
TRUST 09-21-00
3454 DON COTA DR
CARLSBADCA92010
BENJAMIN MARCELLE L
9860 LA TORTOLA PL
SAN DI EGO CA 92129
CRAMM GERALD G&KATHLEEN A
3445 DON COTA DR
CARLSBAD CA 92010
MCKINNEY FAMILY REVOCABLE
TRUST 06-01-98 <DVA>
3437 DON COTA DR
CARLSBAD CA 92010
ANTOL JOHN D&KARLA O
3429 DON COTA DR
CARLSBAD CA 92010
MILLER WILMATR
18831 HIGHLAND VALLEY RD
RAMONA CA 92065
MOLLE ROBERT J REVOCABLE
TRUST 01-23-07
3413 DON COTA DR
CARLSBAD CA 92010
ARTINGSTALL FAMILY TRUST 02-13-
91
3407 DON COTA DR
CARLSBAD C A 92010
JOHNSON DOLORES
5302 DON ALVAREZ DR
CARLSBADCA92010
SNOW FAMILY TRUST 01-04-01
5310 DON ALVAREZ DR
CARLSBAD CA 92010
CADE INTER VIVOS TRUST 04-08-87
5318 DON ALVAREZ DR
CARLSBAD CA 92010
Etiquettes faciles a peler
IHilicm la naharfe AWSDV® 51 fin*Cane HA rhamomont
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Easy Peel Labels
Use Avery® TEMPLATE 5160*
! A
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for Easy Peel Feature ^
STIPP HUGH J&BARBARA I FAMILY
TRUST 10-02-92
5168 DONRODOLFODR
CARLSBAD CA92010
JUHL CLARENCE A&JUDITH H
5172 DONRODOLFODR
CARLSBAD CA 92010
^AVERY®5160® I
HENDERSON BRUCE B&NANCY G
5176 DON RODOLFO DR
CARLSBAD CA 92010
MURPHEY FAMILY TRUST 07-20-90
5180 DONRODOLFODR
CARLSBAD CA 92010
STOABS FAMILY TRUST 01-27-95
5184 DONxRODOLFOJJR
CARLSBAD 5A920tOo
HEATHMAN FAMILY TRUST 10-26-99
5186 DON RODOLFO DR
CARLSBAD CA 92010
HESTER FAMILY TRUST 02-14-89
5188 DON RODOLFO DR
CARLSBAD CA 92010
MORGAN RUPERT C&DORRIS M
FAMILY TRUST
5192 DON RODOLFO DR
CARLSBAD CA 92010
BEEMER JOE R&SHIRLEY A
5194 DONRODOLFODR
CARLSBAD CA 92010
OOSTEROM HARRY L&BETTE J
5198 DON RODOLFO DR
CARLSBAD CA 92010
FERGUSON JOHN JR&FERGUSON
PAMELA L
5163 DONRODOLFODR
CARLSBAD CA 92010
ESKIBORN LOUIS J LIVING TRUST
11-08-07
5155 DONRODOLFODR
CARLSBAD CA 92010
BRISTOW JOYCE M LIVING TRUST
10-03-96
5147 DON RODOLFO DR
CARLSBAD CA 92010
MARTIN C WESLEY TRUST 11-22-94
5139 DON RODOLFO DR
CARLSBAD CA 92010
DIELI SALVATORE&ALICE M
5131 DONRODOLFODR
CARLSBAD CA 92010
CARBONE MARTIN R&GLADYS K
5123 DON RODOLFO DR
CARLSBAD CA 92010
ROCK FAMILY TRUST 08-20-91
5178DONMATADR
CARLSBAD CA 92010
KUVER OSCAR H SEPARATE
PROPERTY TRUST 06-01-01
5172DONMATADR
CARLSBAD CA 92010
GARBER JERALD K&ELIZABETH H
5166DONMATADR
CARLSBADCA92010
THOMSON FAMILY TRUST 09-20-06
5158DONMATADR
CARLSBAD CA 92010
STEADMAN H ELLEN F
5132DONMATADR
CARLSBAD CA 92010
CUNRADI DAVID R&ELLEN V
5128DONMATADR
CARLSBAD CA 92010
ROBINSON FAMILY TRUST 06-01-88
5117 DONRODOLFODR
CARLSBAD CA 92010
SABOURIN PATRICIA A
5101 DONMATADR
CARLSBAD CA 92010
STOLMAKER CHARLOTTE TR
5107 DONMATADR
CARLSBAD CA 92010
CRANDALL ANAMAE B LIVING
TRUST 07-08-97
5115 DONMATADR
CARLSBAD CA 92010
ETNIRE ROBERT K TESTAMENTARY
TRUST A
C/O UNION BANK
P O BOX 85552
SAN DIEGO CA 92186
MOORE JUDITH A TRUST 08-21-97
5129 DONMATADR
CARLSBAD CA 92010
BARKER N JEAN TRUST 03-18-93
5135 DONMATADR
CARLSBAD CA 92010
Etiquettes faciles * petor
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Use Avery® TEMPLATE 5160®
! A
j^Feed Paper
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for Easy Peel Feature 4
STEPHENS TERRY W&BARBARA E
5147 DON RICARDO DR
CARLSBAD CA92010
CHRISTIE MARVIN B&LORRAINE F
LIVING TRUST 05-07-
5155 DON RICARDO DR
CARLSBAD CA 92010
^AVERY®5160« I
OLIVER LUCILLE J SEPARATE
PROPERTY TRUST 05-04-0
68 RICE RD
WAYLANDMA01778
MICHIELI MARIA T SEPARATE
PROPERTY TRUST 03-13-0
5114 DON MIGUEL DR
CARLSBAD CA 92010
BORGE FAMILY TRUST 08-02-90
5120 DON MIGUEL DR
CARLSBADCA92010
HODGES FAMILY TRUST 07-02-96
5126 DON MIGUEL DR
CARLSBAD CA 92010
LARSON INTERVIVOS TRUST 04-08-
88
5134 DON MIGUEL DR
CARLSBAD CA 92010
BLAKELEY RICHARD E
5140 DON MIGUEL DR
CARLSBAD CA 92010
SOLLOWAY ERWIN&LOUISE TRUST
04-28-88
1400 COLORADP ST
BOULDER CITY NV 89005
ZIEGMAN CAROLEE P
5157 DON MIGUEL DR
CARLSBADCA92010
LIPTON GLADYS 2002 TRUST
5151 DON MIGUEL DR
CARLSBAD CA 92010
THEIS FAMILY TRUST 02-15-06
5145 DON MIGUEL DR
CARLSBAD CA 92010
SMITH DARRYL&CINDY
5139 DON MIGUEL DR
CARLSBADCA92010
JOHANSSON FAMILY TRUST 03-19-
87
5101 DON MIGUEL DR
CARLSBAD CA 92010
DUNCAN FAMILY TRUST 03-13-03
12528 SORA WAY
SAN DIEGO CA 92129
RITTER DON W&BETTY A
5106DONMATADR
CARLSBAD CA 92010
STEPHENSON LIVING TRUST 04-13-
90
5110DONMATADR
CARLSBAD CA 92010
DEELEY-BARNARD FAMILY TRUST
09-06-03
5116DONMATADR
CARLSBAD CA 92010
ARON ADRIENNE F
5120DONMATADR
CARLSBAD CA 92010
GIBSON JAMES W&MARY C FAMILY
TRUST 03-18-88
5124 DON MATA DR
CARLSBAD CA 92010
DUFFIN GORDON L&LUCILLE H
5128 DON RODOLFO DR
CARLSBAD CA 92010
STOABSFAMILXTRUST 01-27-95
5184 DO>KRQ0DLFO DR
PRUITT RAYNEL I REVOCABLE
TRUST 04-21-06
5136 DON RODOLFO DR
CARLSBAD CA 92010
HILLIARD FAMILY TRUST 07-18-94
5140 DON RODOLFO DR
CARLSBAD CA 92010
JAFFE LIVING TRUST 12-10-91
5144 DON RODOLFO DR
CARLSBAD CA 92010
WELLS ANNE S REVOCABLE TRUST
03-22-01
5148 DON RODOLFO DR
CARLSBAD CA 92010
SHADRICK ROGER C&PEGGY P
5152 DON RODOLFO DR
CARLSBAD CA 92010
HALL SANDRA J SEPARATE
PROPERTY TRUST 11-25-97
5156 DON RODOLFO DR
CARLSBAD CA 92010
WATSON TOM&HARRIET M 1989
LIVING TRUST
5160 DON RODOLFO DR
CARLSBAD CA 92010
MOZINGO JOE P
5164 DON RODOLFO DR
CARLSBAD CA 92010
Etiquettes f aclles a peler
v la /iakal4* AUTOI/ft C4CA&Cane A* <•!»;Consurtez la feuille www.avery.com
Easy Peel Labels
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! A
J^Feed Paper
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for Easy Peel Feature
CROOKANNE
5229 DON VALDEZ DR
CARLSBAD CA 92010
DANZIGER ROBERT B&CAROL N
5223 DON VALDEZ DR
CARLSBAD CA 92010
BENNETT PAULINE C
5217 DON VALDEZ DR
CARLSBAD CA 92010
OTT LORA A TRUST
5209 DON VALDEZ DR
CARLSBAD CA 92010
JONES BEVERLY J
5201 DON VALDEZ DR
CARLSBAD CA 92010
VOLZ KAREN S
5202 DON VALDEZ DR
CARLSBAD C A 92010
HARRIS ANITA V <DVA>
5268 DON VALDEZ DR
CARLSBAD C A 92010
WHEAT FAMILY TRUST 12-14-05
5272 DON VALDEZ DR
CARLSBAD CA 92010
BRADFIELD BETTY L
5279 DON RICARDO DR
CARLSBADCA92010
AMADO JESSE R JR&KATHLEEN A
5267 DON RICARDO DR#128
CARLSBAD CA 92010
A P F INVESTMENTS L P
C/0 TINA GERRY
826 ORANGE AVE #295
CORONADOCA92118
WEKSLER DELORES J REVOCABLE
TRUST 09-08-04
3545 DON CARLOS DR
CARLSBAD CA 92010
TORREY CRAIG G&CHERI B
5241 DON RICARDO DR
CARLSBAD CA 92010
BSHARAH FAMILY TRUST 11-15-06
5239 DON RICARDO DR
CARLSBAD CA 92010
PASCUCCI JOSEPH M&VALERIE D
TRS
5227 DON RICARDO DR
CARLSBAD CA 92010
WOODS MILDRED C TRUST 02-28-
90
5215 DON RICARDO DR#134
CARLSBAD CA 92010
LANDES ROBERT P&MARY L
5211 DON RICARDO DR
CARLSBAD CA 92010
HUNDSHAMER FRANCIS
X&JULIANNE M
5201 DON RICARDO DR
CARLSBAD CA 92010
WOODARD ANNE C
5165 DON RICARDO DR
CARLSBADCA92010
DATTAN HOWARD S
5163 DON RICARDO DR
CARLSBAD CA 92010
COURTNEY-MARSTON ARDYTH
TRUST 01-28-02
5152 DON RICARDO DR
CARLSBAD CA 92010
BLAIR MARY A TRUST 11-03-00
3860 RIVIERA DR #202
SAN DIEGO CA 92109
UNDERWOOD JAMES L&LOIS T
5136 DON RICARDO DR
CARLSBAD CA 92010
CULLINS GEORGE H&HELEN M
5128 DON RICARDO DR
CARLSBAD CA 92010
KERKLAAN-GRAY WILHELMINA J
TRUST 05-28-98
5118 DON RICARDO DR
CARLSBADCA92010
BLACKLEDGE THOMAS L&LILLIAN M
5101 DON RICARDO DR
CARLSBAD CA 92010
GIBSON FAMILY TRUST
5119 DON RICARDO DR
CARLSBAD CA 92010
BOWEN JAMES&CATHERIN TRUST
05-19-95
5125 DON RICARDO DR
CARLSBAD CA 92010
CAPTIOL TRUST
140 E STETSON AVE
HEMET CA 92543
UVAN FAMJi=YTRUST 06-12-95
DN^QgENZO DR
CARLSJ3ADCA92DTO
Etiquettes faciles a peter Consuftez la feuille www.avery.com
Easy Peel Labels
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for Easy Peel Feature j^AVERY®5160®i
TURNER FAMILY TRUST 08-23-00
3327 DON PABLO DR
CARLSBADCA92010
LEIBELT DANIEL G&SHIRLEY
3333 DON PABLO DR
CARLSBAD CA 92010
JOHNSON JOANN
3339 DON PABLO DR
CARLSBAD CA 92010
DRIVER CELESTE M
3343 DON PABLO DR
CARLSBADCA92010
RYFLE OSCAR&MARILYN TRUST 09-
12-06
3349 DON PABLO DR
CARLSBADCA92010
COLBURN CRAIG B&NANCY J
3355 DON PABLO DR
CARLSBAD CA 92010
HENDRIX ROBERT M&MARY E
FAMILY TRUST 03-11-99
1280 HIDDEN SPRINGS AVE
OAK PARK CA 91377
STRANGE FRANK&MARILYN
REVOCABLE TRUST 08-03-92
3367 DON PABLO DR
CARLSBAD CA 92010
STORTI FAMILY TRUST 10-03-01
3373 DON PABLO DR
CARLSBADCA92010
MOIR JAMES&MARLYS LIVING
TRUST 03-05-04
3379 DON PABLO DR
CARLSBADCA92010
FOX FRANCIS T&BARBARA J
3385 DON PABLO DR
CARLSBAD CA 92010
JOHNSON JOSEPH M
3340 DON PABLO.DR
CARLSBAD CA 92010
WEKSLER DELORES J REVOCABLE
TRUST 09-18-04
3545 DON CARLOS DR
CARLSBADCA92010
HELFRICH WILLIAM A&JEAN E TRS
5376 DON RICARDO DR
CARLSBAD CA 92010
LEWIS TROY III&CHARLOTTE L
5370 DON RICARDO DR
CARLSBADCA92010
SNELSON SIGMUND&ANN E
PO BOX 1175
EASTSOUND WA 98245
WALLIG FAMILY TRUST 12-06-03
5356 DON RICARDO DR
CARLSBAD CA 92010
HILL MARJORIE B REVOCABLE
TRUST 08-01-07
5348 DON RICARDO DR
CARLSBAD CA 92010
WARREN WILLIAM J
5342 DON RICARDO DR
CARLSBADCA92010
RICKERT NANCY L TRUST 09-03-99
5336 DON RICARDO DR
CARLSBAD CA 92010
CHURCHILL ROBERT T&KAREN J
26 WRIGHT PL
WILBRAHAMMA01095
CROWE DAVID
5320 DON RICARDO DR
CARLSBAD CA 92010
LAGRANDEUR PAULA H&PHILIP M
7901 46TH AVE W
MUKILTEO WA 98275
SKAPIK MARK J&GERALYN
16175 CASTILE DR
WHITTIER CA 90603
PELUSO ROBERT L&JANICE L
REVOCABLE TRUST 06-14-9
5302 DON RICARDO DR
CARLSBAD CA 92010
WOLF ROCHELLE T
5301 DON RICARDO DR
CARLSBAD CA 92010
MIDKIFF FAMILY TRUST 06-23-04
5307 DON RICARDO DR
CARLSBAD CA 92010
DIONESE LOUIS C
5315 DON RICARDO DR
CARLSBAD CA 92010
PHILLIPS JULIAN P&JOY L
5321 DON RICARDO DR
CARLSBAD CA 92010
ESSERT NEOMA J TRUST
5327 DON RICARDO DR
CARLSBAD CA 92010
Etiquettes fadles a petar A
Cane Ha rim
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« OAA «/» AtfCBW
Easy Peel Labels
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SULLIVAN FAMILY TRUST
3480 DOta>/ORENZO DR
CARLSBAD>SA92010
See Instruction Sheet j
for Easy Peel Feature 4
VEALE DONALD M&BARBARA M
TRS
5346 DON MIGUEL DR
CARLSBAD CA 92010
^AVERY®5160® I
RASMUSSEN JANET B TRUST 12-05-
03
5354 DON MIGUEL DR
CARLSBAD CA 92010
SMITH KENNETH B&HILDEGARD S
REVOCABLE TRUST 12-0
5362 DONMIGUELDR
CARLSBAD CA 92010
STANLEY HELEN L
5370 DON MIGUEL DR
CARLSBAD CA 92010
BURROUGHS NADINE C
5373 DON MIGUEL DR
CARLSBAD CA 92010
TITONE CARLO&MICHELE
5365 DONMIGUELDR
CARLSBADCA92010
BENTLEY CORALIE A
2430 SIERRA MORENA AVE
CARLSBAD CA 92010
SHIPMAN EDWARD A&SHONDA D
5349 DON MIGUEL DR
CARLSBAD CA 92010
GREEN JOHN F&DOROTHY E
TRUST 05-13-93
5341 DON MIGUEL DR
CARLSBAD CA 92010
WHALEN W&E REVOCABLE TRUST
08-01-95
5335 DON MIGUEL DR
CARLSBAD CA 92010
SKAPIK
5327 DON
CARLSB,
ERALYN M
DR
010
BEAULIEU M GERTRUDE
5321 DON MIGUEL DR
CARLSBAD CA 92010
NELSON JEAN LIVING TRUST 05-15-
98
5313 DONMIGUELDR
CARLSBAD CA 92010
GRIEPP SHERRY L
5301 DON MIGUEL DR
CARLSBAD CA 92010
CONOVER BARBARA J REVOCABLE
TRUST 07-28-05
5270 DON MIGUEL DR
CARLSB ADC A 92010
HUMBLETFAMILYxTRUST 06-24-96
629 S RANOHOgANTA FE RD #445
SAN MARCOS^ 92078
SAILER MICHAEL M&NINSUDA C
5256 DON MIGUEL DR
CARLSBAD CA 92010
HANAWA MASAKI&JOY M
5573 COYOTE CT
CARLSBAD CA 92010
PERRY JOSEPH&MARJORIE E
TRUST 08-24-05
5236 DON MIGUEL DR
CARLSBAD CA 92010
BERAN TERRY L M
1614 BROWN ST
CARSON CITY NV 89701
ERICKSON CLARK&CANDLER KAY L
29 CORNELL RD
BALA CYNWYD PA 19004
JACOBS RAY D&RUBY L
5216 DONMIGUELDR
CARLSB AD CA 92010
ULYATE TRUST 03-16-89
3458 D($N LORENZ0-DR
CARJ_SBAGrCA92010
^
ATKINSON WILLIAM C&PAMELA J
5202 DON MIGUEL DR
CARLSBAD CA 92010
CHESTNUT WILLIAM&HELEN
INTERVIVOS TRUST 08-22-97
C/0 STEPHEN MICHEA
5271 DON VALDEZ DR
CARLSBAD CA 92010
CHO YUN SOON
5265 DON VALDEZ DR
CARLSBAD CA 92010
ULYATE TRUST 03-16-89
3458 DON LORENZO DR
CARLSB AD CA 92010
MCLOUGHLIN JAMES M
5245 DON VALDEZ DR
CARLSBAD CA 92010
MITCHELL JENNIFER L TR
3080 CAMINITO TERCER VERDE
DEL MAR CA 92014
Etiquettes faciles & peter
I Mllrav la ~-.K-.-I* AtfBOuA
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• ^
j^Feed Paper
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for Easy Peel Feature
HERBERT WAYNE I FAMILY TRUST
10-12-93
3338 DON QUIXOTE DR
CARLSBAD CA92010
PICCINI DIANNE C
3330 DON QUIXOTE DR
CARLSBAD CA 92010
^AVERY®5160® I
HARN JAMES&JEANNE O <DVA>
3322 DON QUIXOTE DR
CARLSBAD CA 92010
RATHBONE FAMILY TRUST 03-04-05
3314 DON QUIXOTE DR
CARLSBAD CA 92010
MOU KIZEN LIVING 1996 TRUST 07-
24-96
3302 DON QUIXOTE DR #7
CARLSBAD CA 92010
GENSLER CHARLES A&LUCIA G
3301 DON TOMASO DR
CARLSBAD CA 92010
MICELI RODGER J LIVING TRUST
1986
3315 DON TOMASO DR
CARLSBAD CA 92010
REINHOLZ BETTY L
3323 DON TOMASO DR
CARLSBAD CA 92010
SWARTZ RAYMOND P&MARETTA
FAMILY TRUST 05-05-06
7043 VIA CANDREJO
CARLSBAD CA 92009
NOVAK-FINNEY TRUST 06-22-04
3339 DON TOMASO DR
CARLSBADCA92010
MASON RAYMOND G&KATHLEEN O
3347 DON TOMASO DR
CARLSBAD CA 92010
SONN LIVING TRUST 04-19-90
3348 DON TOMASO DR
CARLSBAD CA 92010
TEMPESTA GERARD&SUZANNE O
69 RICE RD
WAYLANDMA01778
STANDERFER TRUST 10-02-01
3332 DON TOMASO DR
CARLSBAD CA 92010
BIRMINGHAM FAMILY TRUST 10-04-
93
1180ALTAVISTADR
VISTA CA 92084
MAXVILLE JUNE D LIVING TRUST
06-23-03
3314 DON TOMASO DR
CARLSBAD CA 92010
ERICKSON DAVID
3302 DON TOMASO DR
CARLSBAD CA 92010
FANNING CHRISTOPHER G
3301 DON DIABLO DR
CARLSBAD CA 92010
PRICE TRUST 08-02-94
3311 DON DIABLO DR
CARLSBAD CA 92010
CROWE EDWARD F&ANGELA A
9520 STOAKES AVE
DOWNEY CA 90240
BARNETT FAMILY TRUST 10-23-03
3420 DON JOSE DR
CARLSBAD CA 92010
HENRY CHARLES H&LINDA L <DVA>
3337 DON DIABLO DR
CARLSBADCA92010
WRIGHT ROBERT D&DOUGLAS
CINDY
3345 DON DIABLO DR
CARLSBAD CA 92010
LEVINE BURTON A TRUST 04-21-94
3390 DON DIABLO DR #26
CARLSBAD CA 92010
PLESSNER JOAN LIVING TRUST 10-
12-93
3384 DON DIABLO DR
CARLSBAD CA 92010
FLANIGAN LAWRENCE E&NANCY A
3378 DON DIABLO DR
CARLSBADCA92010
DONLEY FAMILY TRUST 07-29-04
3302 DON DIABLO DR
CARLSBAD CA 92010
HAMPTON KIM J
3301 DON PABLO DR
CARLSBAD CA 92010
KOHL FAMILY TRUST 07-26-96
3317 DON PABLO DR
CARLSBAD CA 92010
KREINICK EUGENE TRUST 02-03-98
C/0 MERWYN J MILLER
191 CALLE MAGDALENA #270
ENCINITASCA 92024
Etiquettes faclles * peler Gonsukez la feullle www.avery.com
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DENEAU TRUST 10-29-93
3473 DON JUAN DR
CARLSBAD CA 92010
I A
j^Feed Paper
See Instruction Sheet [
for Easy Peel Feature ^
SAWYER BONNIE B
3467 DON JUAN DR
CARLSBAD CA 92010
1AVERY®5160®
AWERMAN MURRAY&BLANCHE B
TRS
12965NW18THMNR
PEMBROKE PINES FL 33028
SWANSON FAMILY TRUST 12-09-94
3455 DON JUAN DR
CARLSBAD CA 92010
HOBSON DENIS&DOROTHY TRUST
01-16-03
3449 DON JUAN DR
CARLSBAD CA 92010
KNIPPELBERG ROBERT G
3443 DON JUAN DR
CARLSBAD CA 92010
ALEXANDER LUTHER A&ALTA M
TRUST 06-25-69
3439 DON JUAN DR
CARLSBAD CA 92010
HARTZELL FAMILY TRUST 02-01-88
5410 DON FELIPE DR
CARLSBAD CA 92010
BUDGET FINANCE CO
1849 SAWTELLE BLVD #700
LOS ANGELES CA 90025
WOOD DOROTHY B TRUST 05-15-92
5426 DON FELIPE DR
CARLSBAD CA 92010
CHARDONNENS VIVIAN V
5434 DON FELIPE DR
CARLSBAD CA 92010
DWELL5Y WILUAM F&MARTHA H
FAMILY TRUaff 08-06-93
5442 DQMTELIPE DR
CARLSBAD CA 92010
LAMBERT THOMAS P&CAROLYN F
FAMILY TRUST
5452 DON FELIPE DR
CARLSBAD CA 92010
DUNAVAN PAMELA S
5460 DON FELIPE DR
CARLSBAD CA 92010
MINKS VIRGIL L&MARY
5459 DON FELIPE DR
CARLSBAD CA 92010
GIBBIA FAMILY TRUST 04-24-07
5451 DON FELIPE DR
CARLSBAD CA 92010
KNIGHT ROBERT L&NANCY L TRS
5443 DON FELIPE DR
CARLSBAD CA 92010
HALEY THOMAS P
5435 DON FELIPE DR
CARLSBADCA92010
BLANCHARD FAMILY TRUST 06-30-
93
5427 DON FELIPE DR
CARLSBAD CA 92010
NAJARIAN MOURAD FAMILY JOINT
TRUST 08-09-77
5419 DON FELIPE DR
CARLSBAD CA 92010
PAULSON DENNIS J&LINDA K
1721 ARYANA DR
ENCINITAS CA 92024
VAUGHAN-CHALDY CAROLYN
LIVING TRUST 09-03-01
5439 DON LUIS DR
CARLSBAD CA 92010
MENNING FAMILY TRUST 03-25-91
5431 DON LUIS DR
CARLSBAD CA 92010
KATZ LIVING TRUST 12-09-98
5423 DON LUIS DR
CARLSBAD CA 92010
SAAR CHARLES E LIVING TRUST
09-25-92
5415 DON LUIS DR
CARLSBAD CA 92010
ALDRICH FAMILY TRUST 11-03-89
5407 DON LUIS DR
CARLSBAD CA 92010
MYERS FAMILY TRUST 09-04-98
3428 DON JUAN DR
CARLSBAD CA 92010
PEDROTTA CHARLES H
3442 DON JUAN DR
CARLSBAD CA 92010
BISHOP ELZA D&PATSY J
3349 DON TOMASO DR
CARLSBAD CA 92010
LIEBERMAN FAMILY 1993 TRUST
3346 DON QUIXOTE DR
CARLSBAD CA 92010
Etiquettes faciles a peler Consultez la feuille www.avery.com
Easy Peel Labels
Use Avery® TEMPLATE 5160®
KRIMIAN FAMILY 2002 TRUST
5330 DONMIGUELDR
CARLSBAD CA 92010
: A
j[Feed Paper See Instruction Sheet j
for Easy Peel Feature^
I M C ASSET MANAGEMENT CO
6171 W CENTURY BLVD #100
LOS ANGELES CA 90045
1AVERY®5160®
PRIGG HARRY D&BARBARA FAMILY
TRUST 08-14-92
5208 DON VALDEZ DR
CARLSBADCA92010
HARRIS ALVIN&JEWELL INTER
VIVOS TRUST 03-03-00
5218 DON VALDEZ DR
CARLSBAD CA 92010
FISCHER WILLIAM M&MARY E
REVOCABLE TRUST 06-16-9
5228 DON VALDEZ DR
CARLSBAD CA 92010
WALDEN MALVIN A&ELIZABETH A
REVOCABLE TRUST
5232 DON VALDEZ DR
CARLSBAD CA 92010
GABLE FAMILY TRUST 02-26-91
5240 DON VALDEZ DR
CARLSBAD CA 92010
EAHEART LOUISE A TRUST 07-26-94
5246 DON VALDEZ DR
CARLSBAD CA 92010
ABBOTT EARLENE L TRUST 04-21-
03
5258 DON VALDEZ DR
CARLSBAD CA 92010
HARMUTH FAMILY TRUST 07-05-89
5133 DONMIGUELDR
CARLSBADCA92010
LOWE BETTY E 1994 SEPARATE
PROPERTY TRUST
5127 DONMIGUELDR
CARLSBAD CA 92010
LANCIAL MARTHA L
5121 DONMIGUELDR
CARLSBAD CA 92010
REICH DALE&DONNA
5115 DONMIGUELDR
CARLSBAD CA 92010
RETSCH PAUL LIVING TRUST 02-22-
08
6460 CONVOY CT #87
SAN DIEGO CA 92117
MAHRDT WILLIAM F&GLORIA F
5105 DON MIGUEL DR
CARLSBADCA92010
BARKER RICHARD&MELINDA
FAMILY TRUST 00-05-04
5150DONMATADR
CARLSBAD CA 92010
WHERLEY PATRICIA K
5144 DON MATA DR
CARLSBAD CA 92010
BURMEISTER FAMILY TRUST 11-09-
01
3490 DON ALBERTO DR
CARLSBAD CA 92010
THURMAN MINNIE M TRUST 09-19-
95
3496 DON ALBERTO DR
CARLSBAD CA 92010
HARDY DAVID A&JOANNE F
4802 HAMER DR
PLACENTIA CA 92870
GAMZA MARVIN&PATRICIA 2005
TRUST
3426 DON CARLOS DR
CARLSBAD CA 92010
LAVEILLEJACKGTR
3430 DON CARLOS DR
CARLSBAD CA 92010
CASEY LAWRENCE P&JEANDHEUR
VALERIE J
PO BOX 910529
SAN DIEGO CA 92191
WAYMAN FAMILY TRUST 03-21-91
3438 DON CARLOS DR
CARLSBAD C A 92010
DOTY-ROGERS REBECCA A
2292 BRYANT DR
CARLSBAD CA 92008
BROWN RUTH S
3446 DON CARLOS DR
CARLSBAD CA 92010
MATSON EDWARD M&KAREN J
3450 DON CARLOS DR
CARLSBAD CA 92010
STITH LIVING TRUST 12-29-00
3454 DON CARLOS DR
CARLSBAD CA 92010
GLADDEN ELLEN J
3458 DON CARLOS DR
CARLSBAD CA 92010
BRADY-RUBIN PAULA L
3479 DON JUAN DR
CARLSBAD CA 92010
Etiquettes faciles * peter
I Mlleaw la n*tti»4»4CA0 Cane A* «4»Gonsutez la feuille www.avery.com
Easy Peel Labels
Use Avery® TEMPLATE 5160®
LAJOYE LIVING TRUST 05-13-04
3418 DON CARLOS DR
CARLSBAD CA 92010
j^Feed Paper
See Instruction Sheet [
for Easy Peel Feature ^
PHEGLEY REVOCABLE TRUST 01-
24-96
3422 DON CARLOS DR
CARLSBAD CA 92010
IAVERY®5160®
CALAVERA HILLS II L L C
C/0 MCI^LLIN COJ\0PANIES LLC
2727 _
,91950
MEACHAM ROMY C FAMILY TRUST
08-24-94
5405 DON FELIPE DR
CARLSBADCA92010
ERNST JOHN O&ALLEGRA
24081 STAVE
SAN DIEGO CA 92101
ANDERSON FAMILY TRUST 02-22-91
5446 DON LUIS DR
CARLSBAD CA 92010
KENNEDY BETTY
2729 LA GRAN VIA
CARLSBAD CA 92009
OVERLAND JOANNE
5430 DON LUIS DR
CARLSBADCA92010
PRATT FAMILY TRUST 10-22-03
5422 DON LUIS DR
CARLSBAD CA 92010
BOOK FAMILY TRUST 02-13-90
5414 DON LUIS DR
CARLSBAD CA 92010
RUSSELL SAMUEL&NORMA FAMILY
TRUST 12-08-04
5406 DON LUIS DR
CARLSBAD CA 92010
ERNST LEONARD H&JOANNE C
5455 DON LUIS DR
CARLSBAD CA 92010
GRUNEISEN ANITA L TR
5447 DON LUIS DR
CARLSBAD CA 92010
HARRIS DEANNA
3372 DON DIABLO DR
CARLSBADCA92010
KURTH FAMILY TRUST 06-18-93
3366 DON DIABLO DR
CARLSBAD CA 92010
THORPE/MCGRATH-THORPE
FAMILY TRUST 04-06-04
3358 DON DIABLO DR
CARLSBAD CA 92010
RHEA
4016 VIA
OCEANSTD
LAU R&KATHERINE C
PAZ
:A 92057
MCCLEAN EDWARD A <LE> BRANN
KENNETH E&MARY E 199
3342 DON DIABLO DR
CARLSBAD CA 92010
KLINGBEIL RUTH L
3336 DON DIABLO DR
CARLSBAD CA 92010
NICKEL JOSEPH S REVOCABLE
TRUST 11-06-87
3328 DON DIABLO DR
CARLSBAD CA 92010
BERSCHNEIDER ROCKLIN
J&RONELL
3318 DON DIABLO DR
CARLSBAD CA 92010
JOHNSTONE KENNETH W 2003
TRUST 05-15-03 ETAL
3312 DON DIABLO DR
CARLSBAD CA 92010
SEILER 1994 REVOCABLE TRUST
5343 DON RICARDO DR
CARLSBADCA92010
WELLS NANCY
5351 DON RICARDO DR
CARLSBAD CA 92010
MALCHASKI EDDIE S&PATRICIA K
TRUST 04-25-02
5359 DON RICARDO DR
CARLSBAD CA 92010
MARKHAM JOSEPH R
5367 DON RICARDO DR
CARLSBAD CA 92010
VANDERSLICE FAMILY REVOCABLE
INTERVIVOS TRUST 09
5302 DON MIGUEL DR
CARLSBAD CA 92010
MCALLISTER CONCETTA
REVOCABLE TRUST 08-15-00
5310 DON MIGUEL DR
CARLSBAD CA 92010
GHASSEMI PARVINDOKHT TRUST
5318 DON MIGUEL DR
CARLSBAD CA 92010
IMC
6171 W
LOSAI
X3EMENT CO
BLVD#100
CA 90045
Etiquettes faciles a peler
• •*.!•!-.._ I— _-!__„!*. *«MHM*«A ^*^*A
A Consultez la feuille www.avery.com
Easy Peel Labels
Use Avery® TEMPLATE 5160®
WEINER JEFFREY H&DEBRA M
5090 LYNCH CT
CARLSBAD CA 92008
• ^
J^Feed Paper See Instruction Sheet ]
for Easy Peel Feature ^
ROSENFELD RICHARD&LOU A
5134 FROST AVE
CARLSBAD CA 92008
^AVERY®5160« I
HUTCHENS MICHAEL&LAURI
FAMILY 2007 TRUST
2305 LANYARD PL
CARLSBAD CA 92008
FAHEY GREGORY&SUE TRUST 10-
04-07
5246 FROST AVE
CARLSBAD CA 92008
MORGAN GALLON J&LINDA M
5245 FROST AVE
CARLSBAD CA 92008
DARRACQ GAIL
2281 HILLYER ST
CARLSBAD CA 92008
CALAVERA HILLS II LL<
C/O-MCMILLIN COMPANIES LLC
N
THOMAS DONNA G TRUST 03-08-01
2342 KEATS PL
CARLSBAD CA 92008
EAGLE CANYON
ASSN
10179 HUENtfEKENS ST
SANDIEGOCX92121
EVANS POINT
WEST SENIOR LIVING R E L L C
C/0 WESPOEVEUO'PMENT INC
6005 HIDDEfH^LLEY RD #290
CARLSBAD>CV\92011
AFFRE NICHOLAS A&KIMBERLY E
2315 KEATS PL
CARLSBAD CA 92008
HENKEL DOUGLAS&BARBARA J
FAMILY INTER VIVOS TRUS
2302 LANYARD PL
CARLSBAD CA 92008
CARLSBAD CAjyjERBURY ASSN
10721 TRfcEN<ST#200
SANDIE«6lSA92131
TD PARTNERSHIP
ST #200
CA92131
WEST SENIOR LIVING R E L L C
<LF> KELLY ROBERT P
C/O WEST DEVELOPMENT INC
6005 HIDDEN VALLEY RD #290
CARLSBAD CA 92011
CALAV.
C/O MCMIC
2727 I
HILLS II LLC
COMPANIES LLC
ff^CQ-
ITYCA'D mso •
CALAVERA HILLS II L L C
C/O MCM1LLIN COM^AWlES LLC
2727 HOOVE
CARLSBWSlUNIFIE
TRICT
PUBLIC AGEN
RICCI DOROTHY L LIVING TRUST
12-13-04
3457 DON CARLOS DR
CARLSBAD CA 92010
SPARKS DOROTHY S TRUST 04-20-
05
3453 DON CARLOS DR
CARLSBAD CA 92010
DINSMORE ROBERT W&DEBORAH
M REVOCABLE 2003 TRUST
1541 9THST
SANTA MONICA CA 90401
FROMM HELEN P
3445 DON CARLOS DR
CARLSBAD CA 92010
WILSON RAQUEL C SEPARATE
PROPERTY TRUST 03-09-04
3441 DON CARLOS DR
CARLSBAD CA 92010
ALBERTS LILIANE G
3437 DON CARLOS DR
CARLSBAD CA 92010
KANTER HARVEY&MARLENE
3433 DON CARLOS DR
CARLSBAD CA 92010
CUSTODERO STEPHEN L&JUDITH
3429 DON CARLOS DR
CARLSBAD CA 92010
KOOLHOF FREDERIC J W FAMILY
TRUST 04-23-05
3425 DON CARLOS DR
CARLSBAD CA 92010
TENEYCK SUE M TRUST 04-05-05
3410 DON CARLOS DR
CARLSBAD CA 92010
KOHL MOTT REVOCABLE TRUST
3414 DON CARLOS DR
CARLSBAD CA 92010
Etiquettes faciles a peter
Utilicp? lo naharl* AWWV® K1tit\9 Cane A A Consuttez la feuille www.avery.com
Easy Peel Labels
Use Avery® TEMPLATE 5160®
See Instruction Sheet j
for Easy Peel Feature 4 ^AVERY®5160« I
WOOLLEY CURTIS S&SUSAN
5138 FROST AVE
CARLSBAD CA 92008
ARMS FAMILY TRUST 050-05-07
5075 CIARDI CT
CARLSBAD CA 92008
WILSON HELEN A
2311 KEATS PL
CARLSBAD CA 92008
SWANIKER FAMILY INTERVIVOS
REVOCABLE TRUST 02-16
5103 FROST AVE
CARLSBAD CA 92008
BRICKER FAMILY TRUST 08-23-07
5225 FROST AVE
CARLSBAD CA 92008
MOSER JEFFERY L&DEE A
2359 MERWIN DR
CARLSBAD CA 92008
CARLSBAD CANTERBURY ASSN
C/O MARCIA GOO0MAN
10721 TREEIA^T #200
SAN
RESETCO DAVID&LORI 2004
FAMILY TRUST 12-16-04
5142 FROST AVE
CARLSBAD CA 92008
KINCAID CAROLYN A
PO BOX 20941
RIVERSIDE CA 92516
MEZEY FAMILY 1999 TRUST 12-01-
99
2340 JEFFERS PL
CARLSBAD CA 92008
LIU HUAMING&KOK SANDY SIU
PING
5222 FROST AVE
CARLSBAD CA 92008
BELTRAN MARCUS F&MARY A
2209 LONGFELLOW RD
CARLSBAD CA 92008
DELAMATA FELIX B&ROSEANNE D
2376 MERWIN DR
CARLSBAD CA 92008
HOLDER JAMES B&JAMIE D
5079 CIARDI CT
CARLSBAD CA 92008
MIDDIEN ROBERT N
2290 HILLYER ST
CARLSBAD CA 92008
BILAR JOHN F JR&SASHA S
2371 MERWIN DR
CARLSBAD CA 92008
DUFFY PHILIP C&TRICIA K
2338 KEATS PL
CARLSBAD CA 92008
RANCHO CARLSBAD OWNERS
ASSN
C/O KATHY GRIFFITH
5200 EL CAMINO REAL
CARLSBAD CA 92010
KNOOIHUIZEN WILLIAM M&JOAN E
2422 BYRON PL
CARLSBAD CA 92008
WHITE STUART R&LEIGH
5249 FROST AVE
CARLSBAD CA 92008
BABINEAU FAMILY LIVING TRUST
01-28-03
2217 LONGFELLOW RD
CARLSBAD CA 92008
KHATRI SHABANA S
7321 CAPULIN RD NE
ALBUQUERQUE NM 87109
JANKE ANITA
2334 KEATS PL
CARLSBAD CA 92008
PEREIRA TREVOR X&JOAN M
2341 JEFFERS PL
CARLSBAD CA 92008
WILSON STEVEN T&LORRAINE D
5158 FROST AVE
CARLSBAD CA 92008
BACHER GERALD D&MARIANNA E
2352 JEFFERS PL
CARLSBAD CA 92008
LEE NANCY K
643 LYNWOOD DR
ENCINITASCA 92024
RIGGINS ANDY&SANDRA
5080 CIARDI CT
CARLSBAD CA 92008
STORING RICHARD&ELIZABETH A
5102 LYNCH CT
CARLSBAD CA 92008
DEGRAW FAMILY TRUST 11-19-04
2399 MERWIN DR
CARLSBAD CA 92008
Etiquettes faciles & peler
IM.tli.-a-. la •.•.!»...<
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SACKIN TRUST 08-09-05
2418 BYRON PL
CARLSBAD CA 92008
See Instruction Sheet ]
for Easy Peel Feature 4
PAPA PATRICK W&KAMI E
5320 FORECASTLE CT
CARLSBAD CA 92008
AVERY®5160®
LAPORTA RUSSELL V&MEIER-
LAPORTA KIMBERLY
2380 MERWIN DR
CARLSBAD CA 92008
DEISINGER DAVID J&NANCYT
2434 BYRON PL
CARLSBAD CA 92008
ALLEN MARCUS L
9536 WILSHIRE BLVD #500
BEVERLY HILLS CA 90212
EASTIN FAMILY TRUST 10-05-99
5095 FROST AVE
CARLSBAD CA 92008
THOMPSON FAMILY 2001 TRUST
2205 LONGFELLOW RD
CARLSBAD CA 92008
GRANT DANIEL L&KIMBERLEY M
2345 JEFFERS PL
CARLSBAD CA 92008
WEZNIAK STEVEN&KIMBERLEE
2322 KEATS PL
CARLSBAD CA 92008
RYAN JAMES G III&MARY E
5315FORECASTLECT
CARLSBAD CA 92008
WOOD KYLE J&MYLER HEATHER A
5312 FORECASTLE CT
CARLSBAD CA 92008
KEMBLE HOPE
5110 FROST AVE
CARLSBAD CA 92008
BARRIOS-HAUNSCHILD RAQUEL
LIVING TRUST 07-11-06
3525 DEL MAR HEIGHTS RD #371
SAN DI EGO C A 92130
CROSS SCOTT D&NANCY H TRS
2391 MERWIN DR
CARLSBAD CA 92008
GROVE JAY R&VICKI F
2344 JEFFERS PL
CARLSBAD CA 92008
GRAFF KENT C
5226 FROST AVE
CARLSBAD CA 92008
WADE BETH G REVOCABLE TRUST
2310 KEATS PL
CARLSBAD CA 92008
PATEL MAHESH
5074 MILLAY CT
CARLSBAD CA 92008
CUSHNER MICHAEL C&ROBIN L
5096 CIARDI CT
CARLSBAD CA 92008
BLANK TROY G&HINKLE-BLANK
EVELYN
2360 MERWIN DR
CARLSBAD CA 92008
CARC^BAD CANTERBURY ASSN
C/0 MARCIA0<3ODMAN
10721 TReSN A ST #200
SAN PtEGO 0^92131
ZIPPE
CAPE C
'H&ALICE
OBLVDS#2131
L 33904
CARLSBAD CANTERBURY ASSN
10721 TREEUA-ST#200
SAN DIEG0'C\92131
PASINI FAMILY TRUST 11-17-98
2330 BYRON PL
CARLSBAD CA 92008
CARLSBAD>CANTERBURY ASSN
C/O MARCIA\OODMAN
10721 TREEN$tff#200
SANDIEGO>eA92431s
MOORE GENE P&SHARON M
2426 BYRON PL
CARLSBAD CA 92008
BOWERS BRET L&LISA J
5098 LYNCH CT
CARLSBAD CA 92008
BUTLER CHAD&KATHARINE B
FAMILY TRUST 05-03-04
5114FROSn\VE
CARLSB/DOA 92008
BJK RESIDENCE TRUST 08-08-02
5328 FORECASTLE CT
CARLSBAD CA 92008
BOWMAN NOAH
5380 EL CAMINO REAL
CARLSBAD CA 92008
Etiquettes faciles a peter
Sens de eharnement
ConsuKez la feuille
d'instructlon
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1-800-GO-AVERY
Easy Peel Labels
Use Avery® TEMPLATE 5160*
See Instruction Sheet
for Easy Peel Feature
I
GUERRE JOHN A&PATRICIA
2347 MERWIN DR
CARLSBAD CA 92008
KENNEDY RONALD W&RUTH E
5094 LYNCH CT
CARLSBAD CA 92008
BRADNER LINCOLN&CAROL J
5221 FROST AVE
CARLSBAD CA 92008
JAIN ART G&CRUZ-JAIN JOSEFINA I
2330 KEATS PL
CARLSBAD CA 92008
CAPPS CHARLES&JULIE
5100CIARDICT
CARLSBAD CA 92008
SIMPSON JAMES S&STACY L
2326 KEATS PL
CARLSBAD CA 92008
GILMORE R GARY&KAREN J
2411 BYRON PL
CARLSBAD CA 92008
KEVILLE THOMAS J&IVY B
5105 LYNCH CT
CARLSBAD CA 92008
DIXON MARK&NANCY J
2285 HILLYER ST
CARLSBAD CA 92008
ZITNAY FAMILY LIVING TRUST 11-04-96
2322 BYRON PL
CARLSBAD CA 92008
ESSMAN CHRISTOPHER L&TAHLIA M
5071 MILLAY CT
CARLSBAD CA 92008
BALDUS LIVING TRUST 07-06-02
5238 FROST AVE
CARLSBAD CA 92008
WANG GUANGYI&LIU TIEFENG
5066 MILLAY CT
CARLSBAD CA 92008
MULLER TRUST
2363 MERWIN DR
CARLSBAD CA 92008
MANKARIOUS RONALD R
2314 KEATS PL
CARLSBAD CA 92008
DIVINE WILLIAM A&JUNE F
5319 FORECASTLE CT
CARLSBAD CA 92008
SCEFONAS ROBERT F&JANET G
2309 LANYARD PL
CARLSBAD CA 92008
EDWARDS JOSHUA B&TERRI L
5067 MILLAY CT
CARLSBAD CA 92008
BORK FAMILY TRUST 06-22-05
2378 MERWIN DR
CARLSBAD CA 92008
GANDALF FAMILY LTD PARTNERSHIP
C/0 SCOTT M & HEATHER J SABO
5110 LYNCH CT
CARLSBAD CA 92008
MILES BRANDON K&JESSICA J
2414 BYRON PL
CARLSBAD CA 92008
BEERY FAMILY LIVING TRUST 07-26-00
5076 CIARDI CT
CARLSBAD CA 92008
CUTLIFF FAMILY TRUST 04-16-02
2415 BYRON PL
CARLSBAD CA 92008
WEAVER WILLIAM J TRUST 07-24-96
2318 KEATS PL
CARLSBAD CA 92008
CARLSBAD CANTERBURY ASSOC.
C/O MARCIA GOODMAN
10721 TREENAST#200
SAN DIEGO CA 92131
WERNICK STEVEN E&CHARISA R
2349 JEFFERS PL
CARLSBAD CA 92008
KOLLAR HUGH N&CHRISTINE C
5251 FROST AVE
CARLSBAD CA 92008
PENFIELD LIVING TRUST 12-09-03
5304 FORECASTLE CT
CARLSBAD CA 92008
COLVIN MIKE D&JOAN
5230 FROST AVE
CARLSBAD CA 92008
CLARKE CHRISTOPHER M
2353 JEFFERS PL
CARLSBAD CA 92008
Etiquettes faciles a peler
lltlllco? lo naharto AX/COV® C1«flO £en« He rhamemant
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4 OAA ^M A**t*m«
Easy Peel Labels
Use Avery® TEMPLATE 5160*
• ^»
j^Feed Paper See Instruction Sheet;
for Easy Peel Feature A
SULLIVAN FAMILY TRUST 06-12-95
3480 DON LORENZO DR
CARLSBAD CA 92010
ENGELHARD FAMILY TRUST 05-22-
96
3484 DON LORENZO DR
CARLSBAD CA 92010
AVERY®5160«i
BERRY FAMILY TRUST 04-09-03
3488 DON LORENZO DR
CARLSBAD CA 92010
BOITANO BEVERLY A SEPARATE
PROPERTY TRUST 08-12-
3485 DON LORENZO DR
CARLSBAD CA 92010
JONES GRETA E
3481 DON LORENZO DR
CARLSBAD CA 92010
KNOWLES WILLIAM R SURVIVORS
TRUST 02-05-95
3479 DON LORENZO DR
CARLSBAD CA 92010
STRINGER VIOLET B REVOCABLE
TRUST 04-12-02
3475 DON LORENZO DR
CARLSBADCA92010
PETERSON CYNTHIA G
4565 PURDUE AVE NE
SEATTLE WA 98105
LAYNE BONNIE L LIVING TRUST 09-
20-02
3469 DON LORENZO DR
CARLSBAD CA 92010
BUTLER BARBARA A TR
3467 DON LORENZO DR
CARLSBAD CA 92010
SIEH MURIEL TRUST 05-07-97
3465 DON LORENZO DR
CARLSBAD CA 92010
CHU IRIS J GOODRIDGE
3461 DON LORENZO DR
CARLSBAD CA 92010
WOOD KATHERINE M TRUST 08-20-
90
3459 DON LORENZO DR
CARLSBAD CA 92010
HAJDAS LENORA
P 0 BOX 2867
PETALUMA CA 94953
TERSOLO TRUST 04-13-88
3453 DON LORENZO DR
CARLSBAD CA 92010
CORLEY PHYLLIS J
3449 DON LORENZO DR
CARLSBAD CA 92010
ERNST JOHN O&ALLEGRA
2408 1ST AVE
SAN DIEGO CA 92101
LOMBARDI VINCENT&JAN L
3445 DON LORENZO DR
CARLSBAD CA 92010
VANDE-ZANDE FAMILY TRUST 04-
06-04
3443 DON LORENZO DR
CARLSBAD CA 92010
WAGNON TIM W&MARY L
3439 DON LORENZO DR
CARLSBAD CA 92010
BRINES BARBARA B
3437 DON LORENZO DR
CARLSBADCA92010
RUNNER FAMILY LIVING TRUST 06-
12-97
3433 DON LORENZO DR
CARLSBAD CA 92010
BAUMEISTER ARTHUR
C&GENEVIEVE M <DVA>
3431 DON LORENZO DR
CARLSBAD CA 92010
CASHION SURVIVORS TRUST 10-25-
91
2378 TERRAZA RIBERA
CARLSBAD CA 92009
ARNOLD WILLIAM G&RUTH E
3432 DON ORTEGA DR
CARLSBAD CA 92010
BLANCO FAMILY 2004 TRUST 03-11-
04
145 RYAN WAY
OCEANSIDECA 92054
MAIDMENT FAMILY LIVING TRUST
11-23-96
3438 DON ORTEGA DR
CARLSBAD CA 92010
KAMPMANN FRANK&RUTH
REVOCABLE LIVING TRUST
3440 DON ORTEGA DR
CARLSBADCA92010
GERLICH ROCHELLE
3442 DON ORTEGA DR
CARLSBAD CA 92010
BOURS MIGUEL J TRUST 10-19-00
3753 CAVERN PL
CARLSBAD CA 92010
Etiquettes faciles a peler
Utilteez le aabarit AVEKV® 5160*Sens de charaement
Consuttez la feuiile
destruction
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1-800-GO.AVERY
Easy Peel Labels
Use Avery® TEMPLATE 5160®
• ^
J^Feed Paper
See Instruction Sheet
for Easy Peel Feature
WARREN RICHMOND H&VERONICA
K
3446 DON ORTEGA DR
CARLSBAD CA 92010
WILLIAMS FAMILY TRUST 02-14-99
27591 SILVER CREEK DR
SAN JUAN CAPISTRANO CA 92675
AVERV®5160®
FREER ELAINE
3454 DON ORTEGA DR
CARLSBAD CA 92010
READ FAMILY TRUST
3456 DON ORTEGA DR
CARLSBAD C A 92010
VANSLYKE ROBERT S&JAN B
1765EVERGREENAVE
JUNEAU AK 99801
WHALEY LINTON E REVOCABLE
TRUST 08-12-96
3462 DON ORTEGA DR
CARLSBAD CA 92010
NEWMAN TERRANCE C&DEBORAH
A <DVA>
1153 KINGSWAY RD #3
WEST CHESTER PA 19382
DEAN DENA
3468 DON ORTEGA DR
CARLSBAD CA 92010
ANNABLE LOUISE K REVOCABLE
TRUST 06-06-06
3470 DON ORTEGA DR
CARLSBAD CA 92010
PAULEK ALBERT&MARY FAMILY
TRUST 12-15-93
3474 DON ORTEGA DR
CARLSBAD CA 92010
NAUTA FAMILY TRUST 09-18-87
3478 DON ORTEGA DR
CARLSBAD CA 92010
ATKINS FLORENCE E TRUST 08-06-
99
3534 DON CARLOS DR
CARLSBAD CA 92010
GAMES THOMAS V REVOCABLE
TRUST
3479 DON ORTEGA DR
CARLSBADCA92010
SWEARINGEN DAVID R&MARILYN M
3475 DON ORTEGA DR
CARLSBAD CA 92010
DAWSON FAMILY SURVIVORS
TRUST
3473 DON ORTEGA DR
CARLSBAD CA 92010
LEBARON ELIZABETH R
3471 DON ORTEGA DR
CARLSBAD CA 92010
SCHENK FAMILY TRUST 07-25-02
3467 DON ORTEGA DR
CARLSBAD C A 92010
STOABS FAMILY TRUST 01-27-95
5184 DON RODOLFO DR
CARLSBAD CA 92010
CHESTNUT WILLIAM&HELEN
INTERVIVOS TRUST 08-22-97
CIO STEPHEN MICHEA
5271 DON VALDEZ DR
CARLSBAD CA 92010
SCHUMACHER FAMILY TRUST 08-
15-02
3439 DON ORTEGA DR
CARLSBAD CA 92010
HODGKINS JOHN M
3435 DON ORTEGA DR
CARLSBAD CA 92010
MCCULLAH RONALD&MARIANNE
TRUST 09-10-07
3433 DON ORTEGA DR
CARLSBAD CA 92010
GRITZMAKER TRUST 07-03-90
3446 DON JUAN DR
CARLSBAD C A 92010
ODELL SUSAN M LIVING TRUST 09-
18-07
3450 DON JUAN DR
CARLSBAD CA 92010
HANSEN WALTER T&MILDRED V
REVOCABLE FAMILY TRUST
3454 DON JUAN DR
CARLSBADCA92010
FOLEY LEONARD B&CAROLYN A
3458 DON JUAN DR
CARLSBAD CA 92010
CORREIA LEWIS A&JENNIFER L
REVOCABLE TRUST 03-21
3462 DON JUAN DR
CARLSBAD CA 92010
STONE FAMILY TRUST
3464 DON JUAN DR
CARLSBAD CA 92010
HEPNER JOEL P 2003 TRUST 03-24-
03
3468 DON JUAN DR
CARLSBAD CA 92010
WILSON WILLIAM H&SUSAN P
3472 DON JUAN DR
CARLSBAD CA 92010
Etiquettes faciles a peter
Utilisez le aabarit AVERY® 5160°Sens de chargement
Consuftez la feuiile
destruction
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1-800-GO-AVERY
Easy Peel Labels
Use Avery® TEMPLATE 5160®
• ^
J^Feed Paper See Instruction Sheet j
for Easy Peel Feature ^AVERV®5160«
EIFER FAMILY TRUST 04-15-04
3474 DON JUAN DR
CARLSBAD CA 92010
BRENNAN ALLAN P&MARTHA S
3478 DON JUAN DR
CARLSBAD CA 92010
NEWLOVE JAMES H&JANICE B
2749 ABERDEEN LN
EL DORADO HILLS CA 95762
BROOKS LEONA M TRUST 12-14-00
3505 DON CARLOS DR
CARLSBAD CA 92010
HESTER DAYL
3515 DON CARLOS DR
CARLSBAD CA 92010
HANDELMAN FAMILY 1998 TRUST
3523 DON CARLOS DR
CARLSBAD CA 92010
ABBAMONTE SANDRA M LIVING
TRUST 04-25-06
3531 DON CARLOS DR
CARLSBAD CA 92010
AMOS ALBERTA 2007 TRUST
3539 DON CARLOS DR
CARLSBAD CA 92010
WEKSLER DELORES J REVOCABLE
TRUST 09-18-04
3545 DON CARLOS DR
CARLSBAD CA 92010
FOSTER GARRY L&LAKE JOCELYN
L
3553 DON CARLOS DR
CARLSBAD CA 92010
JOHNSTON PAUL M&MARJORIE E
REVOCABLE TRUST
3561 DON CARLOS DR
CARLSBAD CA 92010
DELANGE PHYLLIS E
3569 DON CARLOS DR
CARLSBADCA92010
PRICE FAMILY TRUST 11-18-05
PO BOX 2314
CARLSBAD C A 92018
FARKAS FAMILY TRUST 08-31-88
3514 DON JUAN DR
CARLSBAD CA 92010
GULIZIA RICHARD J&SHARON J
3522 DON JUAN DR
CARLSBADCA92010
MITCHELL FAMILY IRREVOCABLE
TRUST
3530 DON JUAN DR
CARLSBADCA92010
HORNA LOUISE M FAMILY TRUST
08-13-96
3538 DON JUAN DR
CARLSBAD CA 92010
SIMONTON ELAINE REVOCABLE
TRUST 03-26-99
3546 DON JUAN DR
CARLSBAD CA 92010
MILLER RONALD A&BARBARA L
3554 DON JUAN DR
CARLSBADCA92010
JENKS DAVID W&JUDY D
3562 DON JUAN DR
CARLSBAD CA 92010
MILLER FAMILY TRUST 06-08-87
440 CASTANYA CT
DANVILLE CA 94526
CINKO JOSEPH A&GERALDINE M
3571 DON JUAN DR
CARLSBAD CA 92010
BLANCO FAMILY 2004 TRUST
145 RYAN WAY
OCEANSIDE CA 92054
GILBERT LIVING TRUST 02-28-83
3555 DON JUAN DR
CARLSBAD CA 92010
PETRACH REVOCABLE LIVING
TRUST 05-03-90
3547 DON JUAN DR
CARLSBAD CA 92010
KOSCIELSKI FAMILY TRUST 03-02-
92
3539 DON JUAN DR
CARLSBAD CA 92010
WERNER ROBERT V FAMILY TRUST
07-02-02
3497 DON ALBERTO DR
CARLSBAD CA 92010
SIMES RONALD V TRUST 05-13-03
3491 DON ALBERTO DR
CARLSBADCA92010
WAYMAN FAMILY TRUST 03-12-91
3485 DON ALBERTO DR
CARLSBADCA92010
COUSINEAU RONALD L&PATRICIA A
3449 DON ALBERTO DR
CARLSBADCA92010
Etiquettes faciles a peter
Utilisez le qabarit AVERY® 5160*Sens de chargement
Consultez la feuille
(('instruction
www.avery.com
1-800-GO-AVERY
Easy Peel Labels
Use Avery® TEMPLATE 5160®
KILGORE NANCY A
3443 DON ALBERTO DR
CARLSBADCA92010
• «•
J^Feed Paper See Instruction Sheet j
for Easy Peel Feature 4
CRIDDLE PERCY N&MARGARET J
1070MCTAVISHRD
NORTH SAANICH BC
CANADA V8L5T4 00000
BEVIS MERLE J&BARBARA S TRUST
08-13-90
3431 DON ALBERTO DR
CARLSBADCA92010
SCOTELLA FAMILY TRUST 11-20-89
3420 DON ALBERTO DR
CARLSBAD CA 92010
WALTER VIRGINIA M REVOCABLE
TRUST 06-08-94
3424 DON ALBERTO DR
CARLSBAD CA 92010
KENNEDY BETTY
2729 LA GRAN VIA
CARLSBAD CA 92009
WOLF-RICHARDSON VIOLA 2003
3438 D
CARL
LBERTO DR
A 92010
ALLEN MARILYN M
3446 DON ALBERTO DR
CARLSBAD CA 92010
GOOLEY DONNA
3454 DON ALBERTO DR
CARLSBAD CA 92010
SWARTZ RAYMOND P&MARETTA
FAMILY TRUST 05-05-06
7043 VIA CANDREJO
CARLSBAD CA 92009
ERNST JOHN O&ALLEGRA
24081 STAVE
SAN DIEGO CA 92101
SCHUMACHER CARL J
3476 DON ALBERTO DR
CARLSBAD CA 92010
WARNER FAMILY TRUST 02-26-08
3484 DON ALBERTO DR
CARLSBAD CA 92010
CAhAVERA HILLS II L L C
CIO MbMILLH^TCOMPANIES LLC
2727 H0OVER AVE
NATIONAL CITY CA 91950
DAPELLO/KEYES FAMILY TRUST 08-
04-04
3451 DON ORTEGA DR
CARLSBAD CA 92010
SPRAGUE TED G&KATHLEEN A
3445 DON ORTEGA DR
CARLSBAD C A 92010
HALEY MADELYN M
3443 DON ORTEGA DR
CARLSBAD CA 92010
BOYLE JOYCE F TRUST 08-29-02
3441 DON ORTEGA DR
CARLSBAD CA 92010
CALAVERA HILLS II LL C
C/O MCMIQ4N COMPANIES LLC
2727 HOOVERXVE
NATIONAL PITY C$ 91950
CORWIN PAUL J&GERALDINE I
FAMILY TRUST 06-04-96
3479 DON ALBERTO DR
CARLSBADCA92010
HERMES DORIS F TR
3471 DON ALBERTO DR
CARLSBAD CA 92010
BANK OF AMERICA TR TRUST NO
66-11-111-5081510
3463 DON ALBERTO DR
CARLSBAD CA 92010
HART LIVING TRUST 11-18-04
3455 DON ALBERTO DR
CARLSBAD CA 92010
EVANS POINT>IOMEOWNERS ASSN
C/OMARCIA-GOODMAN
10721 Tj3H*ENA ST #200
SAN.01EG]bCA92131
WEST SENIOR LMfJG R E L L C
<LF> CAMINO GARLSBA
C/O WESrOEVELOPMENT INC
6QQ5 HIpJJEN^LLEY RO #290
CARLSBAD CA 921941
THOMA DAVE S&KATHLEEN E
5118 FROST AVE
CARLSBAD CA 92008
CALAVERA HILLS^t L C
C/O MCltoLLIN^COMPANIES LLC
2727 HOQfc^R AVE
91950
CALAVERA HILLS II L L C
C/O MCM\LIN COMPANIES LLC
2727 HOOV&R4WE
NATIONALITY CA 91950
FOLTZ WILLIAM R&FRANCES M
3364 SEACREST DR
CARLSBAD CA 92008
EAGLE CANYON AT EVANS POINT
ASSN
10179 HUENNEKENSST
SAN DIEGO CA 92121
Etiquettes faciles a peler
I mik«7 10 nahArfe AVFflV* «!1fin®Sens de charaement Consultez la feuille
d'lnstrurtion
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1-800-GO-AVERY
Easy Peel Labels
Use Avery® TEMPLATE 5160®
HILLS IIL L C
CIO MCMILLHJ COMPANIES LLC
2727 HOOVEKXVE
NATIONAL C4TY CA91950
EVAI
C/O MARi
10721 TRE
SAN DIEGO CAS:
See Instruction Sheet j
for Easy Peel Feature ^
3WNERS ASSN
/IAN
'#200
(31
IAVERY®5160®
EVAIVS POINTH0MEOWNERS ASSN
C/O MARCIAxGOODMAN
10721 TRgENAST#200
SANDtEGONCA92131
EAGLE CAI
ASSN
10179HUENNE
SAN DIEGO'CA92
S POINT MATHENY FAMILY TRUST 10-28-05
2282 HILLYER ST
CARLSBAD CA 92008
HUERTA SANDRA G&MILLER BRIAN
F
2375 MERWIN DR
CARLSBAD CA 92008
CARLSBAD CANtERBURY ASSN
C/O MARClA^OOBMAN
10721 TREENA>S<#200SAN DIEGQ/£A 92131
ORTIZ JORGE
5108CIARDICT
CARLSBAD CA 92008
JORDAN FAMILY TRUST 11-21-03
3577 SEAVIEW WAY
CARLSBAD CA 92008
BAHADOORI ALIREZA&CAMELIA
5218 FROST AVE
CARLSBAD CA 92008
ROMINE LESLIE M
5162 FROST AVE
CARLSBAD CA 92008
GURLEY KEVIN D&MAUREEN C
5309 FORECASTLE CT
CARLSBAD CA 92008
MILLEA JAMES P&MARGARET M
REVOCABLE LIVING TRUST
5150 FROST AVE
CARLSBAD CA 92008
DEMILLE KELLY L&KIMBERLY S
5146 FROST AVE
CARLSBAD CA 92008
HOFFMAN ROBERT C&AMELIA J
5104CIARDICT
CARLSBAD CA 92008
ZUECK JOSEPH M&DORA A
5242 FROST AVE
CARLSBAD CA 92008
WELLAND JANE H
5325 FORECASTLE CT
CARLSBAD CA 92008
WEST SENIOR LIVING R E L L C
<LF> CXMINO CARtSBA
C/O WESVDEVELOPMENT INC
6005J4J6l5ENsVALLEY RD #290
CARLSBAD CA 92011
HUFF RICHARD V&MELANIE A
5116CIARDI CT
CARLSBAD CA 92008
SCHOEN RICHARD A&KATHLEEN A
5241 FROST AVE
CARLSBAD CA 92008
PUTZ ROBERT A&GAIL A
5214 FROST AVE
CARLSBAD CA 92008
DENSON MARGARET E
2355 MERWIN DR
CARLSBAD CA 92008
HUCKABY LIVING TRUST 05-23-02
5154 FROST AVE
CARLSBAD CA 92008
HENSCHEL GAIL C LIVING TRUST
05-29-98
5132 FROST AVE
CARLSBAD CA 92008
RANCHO CARLSBAD OWNERS
ASSN
C/O KATH
5200 EL
CARLS CAS2010
ARTERBURN JAMES W&LORI B
5234 FROST AVE
HARI SRAD HA Q?nnft ,
ROTH BARBARA
5120 FROST AVE
-CARLSBAD JCA92QQ8
WEBER DOUGLAS C&DIANA J TRS
2318 BYRON PL
CARLSBAD CA 92008 Additional interested parties follow
Etiquettes faciles a peler
l« naharlt AUPBV® StfiO®Sens de charaement
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d'instruction
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1-800-GO-AVERV
Easy Peel Labels
Use Avery* TEMPLATE 5160«
See Instruction Sheet;
for Easy Peel Feature ^AVERY®5160® !
CERVONE FAMILY TRUST 07-01-03
5124 FROST AVE
CARLSBAD CA 92008
GORDON EBEN S&JOHANNE P
5237 FROST AVE
CARLSBAD CA 92008
HYMER STEVEN M&MELINDA J
5229 FROST AVE
CARLSBAD CA 92008
HSIEH WENHUEI&HSU CHAO HSIEN
2367 MERWIN DR
CARLSBAD CA 92008
JOHNSON RUSTIN&BELINDA
5316 FORECASTLE CT
CARLSBAD CA 92008
RALSTON JEAN D
2368 MERWIN DR
CARLSBAD CA 92008
STORRS CHET C&ANGELA
5075 MILLAY CT
CARLSBAD CA 92008
DASTYCK WILLIAM R&MICHELLE W
5099 FROST AVE
CARLSBAD CA 92008
GANATRA VIKESH&KIRTIBALA
5107 FROST AVE
CARLSBAD CA 92008
RANCHO CARLSBAD OWNERS ASSN
C/O KATHY CSfiHFFITH
5200 EL CAMWO REAL
CARLSBAETCA92010
SHRIVER MICHAEL&DEBORAH
2383 MERWIN DR
CARLSBAD CA 92008
PEABODY JENNIFER H TRUST 05-21-02
5305 FORECASTLE CT
CARLSBAD CA 92008
PARK CHANG HAN&NANA
5308 FORECASTLE CT
CARLSBAD CA 92008
HASELHUHN MICHAEL
D&ROSEMARY
2395 MERWIN DR
CARLSBAD CA 92008
BANTLE KURT E&JENNIFER L
5070 MILLAY CT
CARLSBAD CA 92008
DALY JOHN E&RENEE L
5210 FROST AVE
CARLSBAD CA 92008
GLOYD WILLIAM&KATHERINE
2348 JEFFERS PL
CARLSBAD CA 92008
CHRISTIAN FAMJLY TRUST 11-28-07
P O BOX>*320Z
SANDIEGOCCA92163
HOLMES JEFFREY&LORI
2329 KEATS PL
CARLSBAD CA 92008
HANDOJO ERIC&DIANA 2007 TRUST
5128 FROST AVE
CARLSBAD CA 92008
DOYLE GREGORY A&SHARON K
2372 MERWIN DR
CARLSBAD CA 92008
GAVRILENKO NATALIA
2387 MERWIN DR
CARLSBAD CA 92008
KESWANI RAKESH C&SEEMA P
2286 HILLYER ST
CARLSBAD CA 92008
STEPHENSON ROBERT L JR&CYNTHIA
2213 LONGFELLOW RD
CARLSBAD CA 92008
ANZIL LUIGI&LYDIA I
5250 FROST AVE
CARLSBAD CA 92008
WAUMANS MARK D&KATHERINE R
2430 BYRON PL
CARLSBAD CA 92008
HERON BAY/SPYGLASS HILLS
HOMEOWNERS ASSN
C/O MARCIA GOODMAN
10721TREENAST#200
SAN DIEGO CA 92131
DELAMATA FELIX B&DIAMOND-
DELAMATA ROSEANNE
2376 MERWIN DR
CARLSBAD CA 92008
KNOWLAND ADAM P&SUSAN C
5078 MILLAY CT
CARLSBAD CA 92008
SIERRA SANTIAGO A&VIRGINIA T
1588 TRITON ST
CARLSBAD CA 92011
•juettes fadles a peter
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CARLSBAD UNIF SCHOOL DIST
6225 EL CAMINO REAL
CARLSBAD CA 92011
SAN MARCOS SCHOOL DIST
STE 250
255 PICO AVE
SAN MARCOS CA 92069
ENCINITAS SCHOOL DIST
101 RANCHO SANTA FE RD
ENCINITAS CA 92024
SAN DIEGUITO SCHOOL DIST
701 ENCINITAS BLVD
ENCINITAS CA 92024
LEUCADIA WASTE WATER DIST
TIM JOCHEN
1960 LA COSTA AVE
CARLSBAD CA 92009
OLIVENHAIN WATER DIST
1966OLIVENHAINRD
ENCINITAS CA 92024
CITY OF ENCINITAS
505 S VULCAN AVE
ENCINITAS CA 92024
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
VALLECITOS WATER DIST
201 VALLECITOS DE ORO
SAN MARCOS CA 92069
I.P.U.A.
SCHOOL OF PUBLIC ADMIN AND
URBAN STUDIES
SAN DIEGO STATE UNIVERSITY
SAN DIEGO CA 92182-4505
CALIF DEPT OF FISH & GAME
4949 VIEWRIDGE AVE
SAN DIEGO CA 92123
REGIONAL WATER QUALITY
STE 100
9174 SKY PARK CT
SAN DIEGO CA 92123-4340
SD COUNTY PLANNING
STEB
5201 RUFFIN RD
SAN DIEGO CA 92123
LAFCO
1600 PACIFIC HWY
SAN DIEGO CA 92101
AIR POLLUTION CNTRL DIST
10124 OLD GROVE RD
SAN DIEGO CA 92131
SANDAG
STE 800
401 B STREET
SAN DIEGO CA 92101
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 MOLLOY - 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
DEPT- PROJECT ENGINEER
CITY OF CARLSBAD
PROJECT PLANNER
07/16/2008
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