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CDP 14-13; Hirschkoff Residence; Coastal Development Permit (CDP)
^ CITY OF CARLSBAD LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca .gov APPLICATIONS APPLIED FOR: (CHECK BOXES) Development Pennits Coastal Development Permit (*) | j^^l^ I [ Conditional Use Pennit (*) 'S^IA I [Minor [ [Extension I [ Day Care (Large) (FOR DEPT. USE ONLY) Leaislat/ve Pennits (FOR DEPT. USE ONLY) Environmental Impact Assessment Habitat Management Permit | [Minor Hillside Development Permit (*) [ [Minor Nonconforming Construction Permit Planned Development Permit [ inor • Residential [ [Non-Residential Pianning Commission Determination Site Development Plan [ [Minor [ [ Special Use Permit [ I Tentative Parcel Map (Minor Subdivision) Tentative Tract Map (Major Subdivision) Variance [ [ Minor ieneral Plan Amendment [ [Local Coastal Program Amendment (*) Master Plan Specific Plan Zone Change (*) Zone Code Amendment Amendment Amendment South Carlsbad Coastal Review Area Permits Review Permit Administrative j [Minor [ [Major Villaae Review Area Permits Review Permit ^dminist^ative j [Minor [ [Major (*) = eligible for 25% discount NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMnTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPUCATION MUST BE SUBMnTED PRIOR TO 4:00 P.M. ASSESSOR PARCEL NO(S).: PROJECTNAME: jf .g.SCH>:oFP ^^SS>P«:>^<Lg BRIEF LEGAL DESCRIPTION: fbff-TtO^ r^AL.T e^f^ U<»0*>^A. l^lg.^ Tg^T<^^ >^0 Tt^g, LOCATION OF PROJECT: ON THE: STREET ADDRESS SIDE OF ::^6:FFe-^^v-^ (NORTH, SOUTH, EAST, WEST) BETWEEN X.'^ AND (NAME OF STREET) (NAME OF STREET) (NAME OF STREET) p-1 Page 1 of 6 Revised 12/13 OWNERNAME (Print): MAILING ADDRESS: CITY. STATE, ZIR TELEPHONE EMAIL ADDF^S: APPLICANT NAME (Print): ^ r> v MAILING ADDRESS: ^ :<»-^«.c. CITY, STATE, ZIP: <^w>>-.Ar ^^LO^K- EMAIL ADDRESS: I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. DATE DATE APPLICANT'S REPRESENTATIVE (Print): MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL ADDRESS: I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE APPLICANT AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE DATE IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LAND AND BIND ANY SUCgESSORS IN INTEREST. PROPERTY OWNER SIGNATURE FOR CITY USE ONLY RECEWED DATE STAMP APPLICATION RECEIVED RECEIVED BY: P-1 Page 2 of 6 Revised 12/13 ^ DISCLOSURE Development Services \<C STATEMENT Planning Division ^ CITYOF P 1 / ^^^^ Faraday Avenue "ARI SRAD (760)602 4610 www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information IVIUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the Shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page niay be attached if necessary.) Person Title OujA^r Title. Address Cbo.\ CJc.y Address. 2. OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Corp/Part_ Title CX/mr Title Address mi Cc^\ uj^ Address —I • " ^ ^ — • — p-1 (A) Pagel of 2 Revised 07/10 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust, Title Non Profit/Trust Title Address Address 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? Q Yes (2 "No If yes, please indicate person(s):. NOTE: Attach additional sheets if necessary. I certify that all the abi^ve information is true and correct to the best of nw knowledge Signature of owner/date Oc^e\ W) rf^\nk^f<^ Print or type name of owner -Sl^ature of applicant/date Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent p-1 (A) Page 2 of 2 Revised 07/10 V<1 I'i. CITY OF CARLSBAD PROJECT DESCRIPTION P-1(B) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.cadsbadca.gov PROJECTNAME: *:/(«g--&^.H>c<j^g. ge&i APPLICANTNAME: .^HV-> Ag.>ufcet>^ Ae^xxxTt^^'^ Please describe fully the proposed project by application type. Include any details necessary to ^adequately explain the scope and/or operation of the proposed project. You may also Include any background information and suppoiling statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: ^ •P' ATTACH CD -S-'^B-^C^ P-1{B) Page 1 of 1 Revised 07/10 HAZARDOUS WASTE Development Services %M' AND SUBSTANCES Planning Division NX CITY OF QTATPMPKIT 1635 Faraday Avenue ^Mr\LODML>' P-1(C) www.carlsbadca.gov Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): [3 The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 ofthe State Government Code. I I The development project and any alternatives proposed in this application are contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT PROPERTY OWNER Name: -.^Hwa ACL«^CTI,.^V ^,-r-g.>^ Name: V\OCLI^ Hies.g-»»K»g)^f=^ Address: I'S:^ «s. <r«^^>ia.^«. *f^-rs>jr-> Address:/^e^ ^^ZLAL- K2>4M^ Phone Number: g'g'a •^S'O •z.^z^ Phone Number: Address of Site: •^g^g^F»g.g.<=^.^ ^^a^s.<^r>j CA- '?2<seDg. Local Agency (City and County): <^K^ /^i^c t gQ:>/f<;^ ^ Assessor's book, page, and parcel number: i*^^- >^o<-gg-oo Specify list(s): Ptg.er -v^,^ c^\m. / n,m - r •MMii -fW~ irrnfnTTTTTi m\ ym fcljl Regulatory Identification Number: Date of List: KJ^A- Prooertv Owner Sianature/Date ' / iture/uate Property Owner Signature/Date The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1 (C) Page 1 of 2 Revised 02/13 ^ CITY OF CARLSBAD PROJECT DESCRIPTION P-1(B) Development Services Planning Division 1635 Faraday Avenue (760)602-4610 www.carlsbadca.gov PROJECTNAME: ^(g--&^H>g<3^g- £csjt>g.»-a< APPLICANTNAME: .^ww^ .Sr <^<.^ Ag^.aiT&^T Please describe fully the proposed project by application type. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: P-1(B) Page 1 of 1 Revised 07/10 EIA INFORMATION Development Services FORM Planning Division NJX CITY OF CARLSBAD P-1(D) 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov INSTRUCTION SHEET FOR COMPLETING AN ENVIRONMENTAL IMPACT ASSESSMENT INFORMATION FORM This Environmental Information Form will be used to assist staff in determining what type of environmental documentafion (i.e., Environmental Impact Report, Mifigated Negative Declaration, Negafive Declarafion or Exempfion) will be required to be prepared for your applicafion, per the California Environmental Quality Act (CEQA) and Tifie 19 of Carisbad's Municipal Code. The clarity and accuracy of the informafion you provide is crifical for purposes of quickly determining the specific environmental effects of your project. Any environmental studies (i.e., biological, cultural resource, traffic, noise) that are necessary to substantiate a "no impact" or "yes impact" determination should be submitted as an attachment to this Environmental Information Form. This is especially important when a Negafive Declarafion is being sought. The more information provided in this form, the easier and quicker it will be for staff to complete the Environmental Impact Assessment Form - Inifial Study. P-1(D) Page lof 4 Revised 07/10 ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: (To be completed by City) Application Number(s): General Information 1. Name of project: Uie-scH»;.oip^ 2. Name of developer or project sponsor: Address: City, State, Zip Code: Phone Number: Name of person to be contacted concerning this project: .'^onv.^ ^c>>4«.g.isj Aiex-tnTy <-'<" Address: <>- tiS'^'^j^ City, State, Zip Code: ^i»e>i^K^*t NSgLA^t-u-^ ^-zxyT,^ Phone Number: • •^g'6» - 2.^2.0. 4. Address of Project: ZSS"! :^tt^yc»..rtO>-A Sr. sn^Tr ^•2<a><3& Assessor's Parcel Number: tS"g"'; 5. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: ^OP 6. Existing General Plan Land Use Designation: ^-"^ 7. Existing zoning district: 8. Existing land use(s): ^<C1>> Og.»oT \AL. 9. Proposed use of site (Project for which this form is filed): Si>o6.t *• -- 'P^^rwi<-.^ Project Description 10. Site size: .•2.g>AC-.- /l^-^ IS?. e*\ 11. Proposed Building square footage: H^*-f8'S S^.^ 12: Number of floors of construction: ^ 13. Amount of off-street parking provided: 14. Associated projects: p-1 (D) Page 2 of 4 Revised 07/10 15. If residential, include the number of units and schedule of unit sizes: / otaiT 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: KI^A 17. If industrial, indicate type, esfimated employment per shift, and loading facilifies: f^jAr 18. If insfitufional, indicate the major funcfion, esfimated employment per shift, esfimated occupancy, loading facilifies, and community benefits to be derived from the project: isJM- 19. If the project involves a variance, condifional use or rezoning applicafions, state this and indicate clearly why the applicafion is required: ^4/A^ P-1 (D) Page 3 of 4 Revised 07/10 Are the fottowing items applicable to the project or its effects? Discuss all items checl<ed yes (attach additional sheets as necessary). Yes No 20. Change in exisfing features of any bays, fidelands, beaches, or hills, or substanfial D 0 alterafion of ground contours. 21. Change in scenic views or vistas from existing residenfial areas or public lands or • 0" roads. 22. Change in pattern, scale or character of general area of project. • @ 23. Significant amounts of solid waste or litter. • 0 24. Change in dust, ash, smoke, fumes or odors in vicinity. • 0 25. Change in ocean, bay, lake, stream or ground water quality or quanfity, or • 0 alterafion of exisfing drainage patterns. 26. Substanfial change in exisfing noise or vibrafion levels in the vicinity. • 0 27. Site on filled land or on slope of 10 percent or more. D 0 28. Use of disposal of potenfially hazardous materials, such as toxic substances, G Q flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, • 0 etc.). 30. Substanfially increase fossil fuel consumpfion (electricity, oil, natural gas, etc.). • 0 31. Relafionship to a larger project or series of projects. • H Environmental Setting Attach sheets that inciude a response to the foiiowing questions: 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residenfial, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this inifial evaluafion to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. Date: 6f f^ M Signature: For: ^ifc^f->*ie.Q ^ IC p-1 (D) Page 4 of 4 Revised 07/10 Recording Requested by San Diego Gas & Electric Company When recorded, mail to: San Diego Gas & Electric Company c/o Sempra Energy 8335 Century Park Court, Suite 100 San Diego, CA 92123-1569 Attn: Real Estate Records - CPI ID THE ORIGINAL OF THIS DOCUMENT WAS RECORDED ON NOV 20,2013 DOCUMENTNUMBER 2013-0684787 Ernest J. Dronenburg. Jr., COUNTY RECORDER SAN DIEGO COUNTY RECORDER'S OFRCE TIME: 12:10 PM SPACE ABOVE FOR RECORDER'S USE APN: 155-180-28 Transfer Tax None SAN DIEGO GAS & ELECTRIC COMPANY QUITCLAIM OF EASEMENT The land, tenements or realty is located in the unincorporated area of the County of San Diego, State of California X I City of Carlsbad, County of San Diego, State of California; and SAN DIEGO GAS & ELECTRIC COMPANY, a California corporation (SDG&E) for valuable consideration, does hereby remise, release and forever quitclaim to any and all person(s) or entity having a legal or equitable interest in the hereinafter described real property all right, title, interest and claim of SDG&E in and to the following described real property that was acquired by virtue of the easement dated March 18, 1942 and recorded June 3, 1942 in Book 1354, Page 238 of Official Records of said County of San Diego. The real property in which said easement(s) is quitclaimed is described as follows: That certain 12.00 foot strip of land lying within a portion of Tract 2 of Laguna Mesa Tracts, according to Map thereof No. 1719, filed in the office ofthe County Recorder of said County of San Diego; and being 6.00 feet measured at right angles on each side of the following described center line: Commencing at the Southwest comer of Tract 3 of said Laguna Mesa Tracts; thence North C 02' 00" West 621.17 feet; thence North 89° 58' 00" East 8.00 feet; thence North 17^ 43" 00" West, 422.80 feet to the TRUE POINT OF BEGINNING of the center line of the strip of land being Quitclaimed herein; thence from said TRUE POINT OF BEGMNING North T 31" 00" East, 280.00 feet. This quitclaim does not release any intCTest or estate SDG&E may have in the ab5Ve- described real property except the easement(s) specified. [S:Mstwprd\T-18.doc] 81-0645{S) IN WITNESS WHEREOF, said San Diego Gas & Electric Company to be executed in its corporate name by its duly authorized agent this ^NH^NsiHyL, 2013. caused this deed day of- SAN DIEGO GAS & ELECTRIC COMPANY, a CaUfomia Corporation Jeff Sykes, Right-Of-Way Supervisor Drawn CPPeacock Checked Sketch S-981 Date 11/15/2013 Q.C. No. 2013 R/W No. 14624(Part) STATE OF CALIFORNIA ^SS. COUNTY OF ^nX^D , before me • (name, title of officer), appeared . who proved to me on the basis of satisfactory evidence to be the personjJa^T^hose nam^3)^s/ai€' subscribed to the within instrument and acknowledged to me that helsbgj&ey executed the same in his/hp>their authorized capacity(k!gj, and that by his/beSTfteir signatur«^9)^on the instrument the personj^, or the entity upon behalf of which the person(5)^cted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is tme and correct. WITNESS my hand and official seal. Signature_ n^raYST?n^ COMM. #1922687 ^ i^^^l^TARY PIBUC • CALIFORNIA ^ "^^g^Py SANOEGOCOUmY -t (S:Mstword\T-18.doc] -2-81-0645{S) ift LawyersTitle Lawyers Title Company 5898 Copley Drive, 3rd Floor San Diego, CA 92111 Phone: (858) 650-3900 Fax: (619) 209-3489 NORTH COAST ESCROW Title Officer: Dee Dee Burland-So 2146 ENCINITAS BLVD. email: tu31@ltic.com ENCINITAS, CA 92024 Phone No.: (858) 650-3900 Fax No.: Attn: DARLENE TIGHE File No.: 313318828 Your Reference No: 6752DT Property Address: OOOO West Jefferson Street, Carlsbad, California 2*^° SUPERSEDING PRELIMINARY REPORT Dated as of May 16, 2013 at 7:30 a.m. In response to the application for a policy of title insurance referenced herein, Lawyers Title - SD hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of title insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitation on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are available from the office which issued this report. The policy(s) of title insurance to be issued hereunder will be policy(s) of Commonweaith Land Title Insurance Company. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. CLTA Preliminary Report Form - Modified (H-17-06) Page 1 File No: 313318828 SCHEDULE A The form of policy of title insurance contemplated by this report is: CLTA Standard Owners ALTA Loan 2006 The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE Title to said estate or interest at the date hereof is vested in: Paul Mattucci and Stephanie Mattucci, husband and wife as joint tenants The land referred to herein is situated in the County of San Diego, State of California, and is described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF CLTA Preliminary Report Form - Modified (11-17-06) Page 2 File No: 313318828 EXHIBIT ^^A" All that certain real property situated in the County of San Diego, State of California, described as follows: THAT PORTION OF TRACT 2 OF LAGUNA MESA TRACTS, IN THE CITY OF CARLSBAD, COUNTY OF SANDIEGO, STATE OF CAUFORNIA, ACCORDING TO MAP THEREOF NO. 1719, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 20, 1921, LYING WESTERLY AND NORTHERLY OF THE CENTER LINE OF THE 60 FOOT ROAD CONVEYED BY W. T. HART, ET UX, TO COUNTY OF SAN DIEGO, BY DEED RECORDED FEBRUARY 5, 1941 IN BOOK 1135, PAGE 75 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SAID ROAD BEING SHOWN ON THE MAP OF ROAD SURVEY NO. 843, A COPY OF WHICH IS ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF SAN DIEGO COUNTY, EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF SAID ROAD SURVEY NO. 843 WITH THAT COURSE ON THE SOUTHWESTERLY BOUNDARY OF SAID TRACT 2 DESCRIBED AS NORTH 43° 18' WEST 105.44 FEET, SAID POINT OF INTERSECTION BEING NORTH 43° 18" WEST 61.86 FEET FROM THE SOUTHERLY END OF SAID COURSE AND AT ENGINEERS STATION 8 PLUS 46.14 OF SAID ROAD SURVEY NO. 843; THENCE ALONG THE CENTER LINE OF SAID ROAD NORTH 17° 43" WEST 202.86 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTHEAST; THENCE NORTHEASTERLY ALONG SAID CURVE, CENTRAL ANGLE OF 39° 52' AND RADIUS 400 FEET AN ARC DISTANCE OF 278.32 FEET; THENCE LEAVING SAID CENTER LINE NORTH 67° 51' WEST 30.00 FEET TO AN IRON PIN; THENCE NORTH 39° 31' WEST 143.17 FEET TO AN INTERSECTION WITH THE WESTERLY LINE OF SAID TRACT 2; THENCE SOUTH 3° 31' WEST 58.06 FEET; THENCE SOUTH 3° 59' EAST 373.63 FEET; THENCE SOUTH 23° 44' EAST 57.21 FEET; THENCE SOUTH 52° 29' EAST 119.48 FEET; THENCE SOUTH 43° 18' EAST 43.58 FEETTO THE POINT OF BEGINNING. ALSO EXCEPTING THAT PORTION DESCRIBED IN DEED TO THE STATE OF CALIFORNIA FOR FREEWAY PURPOSES (XI-SD-2B) RECORDED SEPTEMBER 21, 1951 IN BOOK 4241, PAGE 2 OF OFFICIAL RECORDS, BEING ALL THAT PORTION OF THE ABOVE DESCRIBED LAND LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT A POINT ON THE NORTHERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED TO IVA M. GROBER, RECORDED NOVEMBER 10, 1947 IN BOOK 2541, PAGE 330 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DISTANT THEREON NORTH 89° 57' 50" EAST 52.84 FEET FROM A 3/4 INCH IRON PIPE MARKED L S 2411, SET FOR THE INTERSECTION OF SAID NORTHERLY LINE WITH THE SOUTHEASTERLY LINE OF THE RIGHT OF WAY 60 FEET WIDE, FOR SAID COUNTY ROAD SURVEY NO. 843; THENCE FROM SAID POINT OF COMMENCEMENT NORTH 30° 08' 34" WEST 101.79 FEET; THENCE NORTH 32° 18' 38" WEST 170.78 FEET TO A POINT IN THE SOUTHERLY LINE OF COUNTY ROAD SURVEY 135; THENCE SOUTH 69° 32' 27'WEST 12.69 FEET TO CORNER NO. 10 OF SAID ROAD SURVEY NO. 135 AS SHOWN ON SAID MAP 1719; THENCE CONTINUING ALONG SAID SOUTHERLY LINE SOUTH 46° 47' 27" WEST 38.28 FEET; THENCE LEAVING SAID SOUTHERLY LINE NORTH 32° 18' 38" WEST 50.00 FEET. ALSO EXCEPTING THAT PORTION DESCRIBED IN DEED TO THE STATE OF CALIFORNIA, RECORDED MARCH 4, 1968 AS FILE/PAGE NO. 36135 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHWESTERLY UNE OF LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA RECORDED SEPTEMBER 21, 1951 IN BOOK 4241, PAGE 2 OF SAID OFFICIAL RECORDS WITH THE CENTER LINE OF COUNTY ROAD SURVEY NO. 843; THENCE (1) CLTA Preliminary Report Form - Modified (11-17-06) Page 3 File No: 313318828 ALONG SAID CENTER LINE FROM A TANGENT WHICH BEARS SOUTH 38° 59' 08" WEST, ALONG A CURVE TO THE LEFT, WITH A RADIUS OF 400 FEET, THROUGH AN ANGLE OF 13° 01' 56", A DISTANCE OF 90.98 FEET; THENCE (2) LEAVING SAID CENTER LINE NORTH 29° 42' 39" WEST, 35.76 FEETTO THE NORTHWESTERLY LINE OF SAID COUNTY ROAD SURVEY NO. 843; THENCE (3) NORTH 22° 19' 50" WEST, 191.74 FEET TO THE NORTHWESTERLY BOUNDARY OF SAID HATCHMAN LAND; THENCE (4) ALONG SAID NORTHWESTERLY BOUNDARY NORTH 47° 22' 41" EAST, 38.29 FEET; THENCE (5) NORTH 70° 32' 37" EAST, 12.69 FEET TO THE SOUTHWESTERLY LINE OF LAND DESCRIBED IN SAID DEED TO THE STATE OF CALIFORNIA; THENCE (6) ALONG SAID SOUTHWESTERLY UNE SOUTH 31° 42" 00" EAST, 170.77 FEET; THENCE (7) SOUTH 29° 32' 02" EAST, 19.16 FEETTO THE POINT OF BEGINNING. TOGETHER WITH THAT PORTION OF JEFFERSON STREET AS VACATED AND CLOSED TO PUBLIC USE BY RESOLUTION NO. 2005-123 OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, RECORDED JUNE 2, 2005 AS FILE NO. 2005-0461259 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY. ASSESSOR PARCEL NO. 155-180-28-00 CLTA Preliminary Report Form - Modified (11-17-06) Page 4 File No: 313318828 SCHEDULE B - Section A The following exceptions will appear in policies when providing standard coverage as outlined below: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. CLTA Preliminary Report Form - Modified (11-17-06) Page 5 File No: 313318828 SCHEDULE B - Section B At the date hereof Exceptions to coverage in addition to the printed exceptions and exclusions in said policy form would be as follows: A. Property taxes, which are a lien not yet due and payable, induding any assessments collected with taxes to be levied for the fiscal year 2013-2014. B. Property taxes, including any personal property taxes and any assessments collected with taxes, are as follows: Tax Identification No.: 155-180-28-00 Fiscal Year: 2012-2013 Installment: $1,421.19, Delinquent (Delinquent after December 10) Penalty: $142.11 2"" Installment: $1,421.19, Delinquent (Delinquent after April 10) Penalty and Cost: $152.11 Homeowners Exemption: $0.00 Code Area: 09000 C. Said property has been declared tax-defaulted for non-payment of delinquent Regular taxes for the fiscal year 2011. Amount to redeem by May 31, 2013 for the above-stated year (and subsequent years, if any) is $3,198.90. Amount to redeem by June 30, 2013 for the above-stated year (and subsequent years, if any) is $3,236.32. D. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (Commencing with Section 75) ofthe Revenue and Taxation Code ofthe State of California. 1. Water rights, claims or title to water, whether or not disclosed by the public records. 2. The ownership of said Land does not include rights of access to or from the street, highway, or freeway abutting said Land, such rights having been relinquished by the document, Recording Date: September 21, 1951 Recording No: Book 4241 Page 2 of Official Records Affects: Said land more particularly described therein 3. The ownership of said Land does not include rights of access to or from the street, highway, or freeway abutting said Land, such rights having been relinquished by the document. Recording Date: March 4, 1968 Recording No: 36135 of Official Records Affects: Said land more particularly described therein 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other matters shown on Map: Record of Survey No. 11988 CLTA Preliminary Report Form - Modified (11-17-06) Page 6 File No: 313318828 5. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: December 6, 1990 Recording No: 90-652453 of Official Records 6. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: Purpose: Private access and general utility Recording Date: December 6, 1990 Recording No: 90-652453 of Official Records Affects: As shown in said document 7. Matters contained in that certain document Entitled: Joint Maintenance Agreement Dated: September 29, 1990 Executed by: Franklin Air Conditioning and Heating Company, Inc., Defined Benefit Pension Plan and Trust and Frances E. Elsey and Geraldine K. Hoppert Recording Date: December 6, 1990 Recording No: 90-652455 of Official Records Reference is hereby made to said document for full particulars. 8. A deed of trust to secure an indebtedness in the amount shown below. Amount: $631,000.00 Dated: October 29, 2008 Trustor/Grantor Paul Mattucci and Stephanie Mattucci, husband and wife as joint tenants Trustee: Regents Bank, N.A. Beneficiary: Regents Bank, N.A. Loan No.: 474192 Recording Date: November 12, 2008 Recording No: 2008-0586132 of Official Records The effect of a full reconveyance recorded June 27, 2012 at 2012-0373351 of Official Records, which purports to reconvey the above-mentioned Deed of Trust. No statement is made hereto as to the effect or validity of said reconveyance. The requirement that this Company be furnished with confirmation from the lender that the Deed of Trust has been released prior to issuance of a policy of title insurance. 9. Please be advised that our search did not disclose any open Deeds of Trust of record. If you should have knowledge of any outstanding obligation, please contact the Title Department immediately for further review priorto closing. CLTA Preliminary Report Form - Modified (11-17-06) Page 7 File No: 313318828 10. Any rights ofthe parties in possession of a portion of, or all of, said Land, which rights are not disclosed by the public records. The Company will require, for review, a full and complete copy of any unrecorded agreement, contract, license and/or lease, together with all supplements, assignments and amendments thereto, before issuing any policy of title insurance without excepting this item from coverage. The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents. END OF SCHEDULE B EXCEPTIONS PLEASE REFER TO THE "NOTES AND REQUIREMENTS SECTION" WHICH FOLLOWS FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION CLTA Preliminary Report Form - Modified (11-17-06) Page 8 File No: 313318828 REQUIREI^ENTS SECTION: Req. No. 1: In order to complete this report, the Company requires a Statement of Information to be completed by the following party(s), Party(s): All Parties The Company reserves the right to add additional items or make further requirements after review ofthe requested Statement of Information. NOTE: The Statement of Information is necessary to complete the search and examination of title under this order. Any title search includes matters that are indexed by name only, and having a completed Statement of Information assists the Company in the elimination of certain matters which appear to involve the parties but in fact affect another party with the same or similar name. Be assured that the Statement of Information is essential and will be kept strictly confidential to this file. CLTA Preliminary Report Form - Modified (11-17-06) Page 9 File No: 313318828 INFORI^ATIONAL NOTES SECTION Note No. 1: The information on the attached plat is provided for your convenience as a guide to the general location of the subject property. The accuracy of this plat is not guaranteed, nor is it a part of any policy, report or guarantee to which it may be attached. Note No. 2: California insurance code section 12413.1 regulates the disbursement of escrow and sub-escrow funds by title companies. The law requires that funds be deposited in the title company escrow account and available for withdrawal prior to disbursement. Funds deposited with the company by wire transfer may be disbursed upon receipt. Funds deposited with the company via cashier's check or teller's check drawn on a California based bank may be disbursed on the next business day after the day of deposit. If funds are deposited with the company by other methods, recording and/or disbursement may be delayed. All escrow and sub-escrow funds received by the company will be deposited with other escrow funds in one or more non-interest bearing escrow accounts of the company in a financial institution selected by the company. The company may receive certain direct or indirect benefits from the financial institution by reason of the deposit of such funds or the maintenance of such accounts with such financial institution, and the company shall have no obligation to account to the depositing party in any manner for the value of, or to pay to such party, any benefit received by the company. Those benefits may include, without limitation, credits allowed by such financial institution on loans to the company or its parent company and earnings on investments made with the proceeds of such loans, accounting, reporting and other services and products of such financial institution. Such benefits shall be deemed additional compensation of the company for its services in connection with the escrow or sub-escrow. WIRING INSTRUCTIONS FOR THIS OFFICE ARE: Union Bank 1980 Saturn Street, V03-012 Monterey Park, CA 91755 (800) 849-6466 ABA # 122000496 CREDIT TO: Lawyers Titie - SD ACCOUNT #: 9101081355 RE: 313318828 PLEASE INDICATE Lawyers Title - SD TITLE ORDER NUMBER Note No. 3: Lawyers Title is a division of Commonwealth Land Title Insurance Company. The insurer in policies of title insurance, when issued in this transaction, will be Commonwealth Land Title Insurance Company. Note No. 4: The Company requires current beneficiary demands prior to closing. If the demand is expired and a current demand cannot be obtained, our requirements will be as follows: a) If the Company accepts a verbal update on the demand, we may hold an amount equal to one monthly mortgage payment. This hold will be in addition to the verbal hold the lender may have stipulated. CLTA Preliminary Report Form - Modified (11-17-06) Page 10 File No: 313318828 b) Ifthe Company cannot obtain a verbal update on the demand, we will either pay off the expired demand or wait for the amended demand, at our discretion. c) All payoff figures are verified at closing. If the customer's last payment was made within 15 days of closing, our Payoff Department may hold one month's payment to insure the check has cleared the bank (unless a copy of the cancelled check is provided, in which case there will be no hold). Note No. 5: There are NO conveyances affecting said Land recorded within 24 months of the date of this report. Processor: kc Date Typed: June 13, 2013 CLTA Prellminar/ Report Form - Modified (11-17-06) Page 11 File No: 313318828 ATTACHMENT ONE CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of; 1. (a) Any law, ordinance or govemmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area ofthe land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or govemmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any govemmental police power not excluded by (a) above, except to the extent that a notice ofthe exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of tbe insured at Date of PoHcy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability ofthe lien of tbe insured mortgage, or claim thereof, which arises out ofthe transaction evidenced by the insured mortgage and is based upon usury or any consimier credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankmptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE - SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a pubhc agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, not shown by the pubhc records. 4. Discrepancies, conflicts in boimdary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not showit by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6. Any lien or right to a lien for services, labor or material not shown by the pubUc records. Attachment One (Revised 06-03-11) CA,NV,HIandGuam Page 12 File No: 313318828 CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE EXCLUSIONS hi addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Govemmental police power, and the existence or violation of those portions of any law or govemment regulation conceming: a. building; b. zoning; c. land use; d. improvements on the Land; e. land division; and {. environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing stmctures, or any part of them, to be consOucted in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the PoUcy Date; c. that result in no loss to You; or d. that first occur after tbe Policy Date - this does not limit the coverage described in Covered Risk 7, 8.e., 25,26, 27 or 28. 5. Failure to pay value for Yoiu" Title. 6. Lack of a right: a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fiaudulent transfer or conveyance under federal bankmptcy, state insolvency, or similar creditors' rights laws. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: • For Covered Risk 16, 18, 19, and 21 Yoiu- Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Our Maximum Dollar Your Deductible Amount Limit of Liabilitv Covered Risk 16: U)0% of Policy Amount Shown in Schedule A $ 10,000.00 or S2.500.00 (whichever is less) Covered Risk 18: 1.00% of Policy Amount Shown in Schedule A $ 25,000.00 or S5.000.00 (whichever is less) Covered Risk 19: 1.00% of Policy Amount Shown in Schedule A S 25,000,00 or S5.000.00 (whichever is less) Covered Risk 21: L00% of Policy Amount Shovm in Schedule A S 5,000.00 or S2.500.00 (whichever is less) Attachment One (Revised 06-03-11) CA, NV, HI and Guam Page 13 File No: 313318828 AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) • EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from; 1. Govemmental pohce power, and the existence or violation of any law or govemment regulation. This includes building and zoning ordinances and also laws and regulations conceming: • land use • improvements on the land • land division • environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless: • a notice of exercising the right appears in the public records • on the Policy Date • the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking 3. Title Risks: • that are created, allowed, or agreed to by you • that are known to you, but not to us, on the Policy Date - unless they appeared in the public records • that result in no loss to you • that first affect your title after the Policy Date - this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: • to any land outside the area specifically described and referred to in Item 3 of Schedule A OR • in streets, alleys, or waterways that touch your land This exclusion does not Umit the access coverage in Item 5 of Covered Title Risks. 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attomeys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or govemmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any govemmental police power. This Exclusion 1 (b) does not modify or limit the coverage provided imder Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modily or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the hisured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent lo Date of Policy (however, this does not modify or Umit the coverage provided under Covered Risk 11, Oor 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing- business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part ofthe lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or tmth-in-lending law. 6. Any claim, by reason of the operation of federal bankmptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the Uen ofthe Insured Mortgage, is (a) a fi:audulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this poiicy. Attachment One (Revised 06-03-11) CA, NV, HI and Guam Page 14 File No: 313318828 7. Any Uen on the Title for real estate taxes or assessments imposed by govemmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: 1. (a) Taxes or assessments that are not shown as existing hens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspecfion of the Land or that may be asserted by persons in possession ofthe Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encimibrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey ofthe Land and not shown by the Public Records. 5. (a) Unpatented minmg claims; (b) reservations or excepfions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a Uen for services, labor or material not shown by the public records. 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or govemmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or govemmental regulations. This Exclusion 1 (a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any govemmental police power. Tliis Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankmptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any Uen on the Titie for real estate taxes or assessments imposed by govemmental authority and created or attaching between Date of Policy and the date of recording ofthe deed or other instmment of ttansfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage, hi addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This poUcy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of; 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Pubhc Records. 2. Any facts, rights, interests, or claims that are not shown in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, Uens or encumbrances, or claims thereof, not shown by the Pubhc Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and that are not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the pubhc records. Attachment One (Revised 06-03-11) CA, NV, HI and Guam Page 15 File No: 313318828 ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07-26-10) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this poUcy and the Company will not pay loss or damage, costs, attomeys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance, permit, or govemmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or govemmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5,6, 13(c), 13(d), 14 or 16. (b) Any govemmental police power. This Exclusion 1(b) does not modify or hmit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of PoUcy (however, tbis does not modify or Umit the coverage provided under Covered Risk 11, 16, 17,18, 19,20,21,22,23,24, 27 or 28); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with appUcable doing- business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part ofthe lien of the Insured Mortgage that arises out ofthe transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or trath-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by govemmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11 (b) or 25. 8. The failure of the residential stracture, or any portion of it, to have been constmcted before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9. Any claim, by reason of the operation of federal bankraptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the hisured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. Attachment One (Revised 06-03-11) CA, NV, HI and Guam Page 16 (ft LawyersTitle Lawyers Title Company 5898 Copley Drive, 3rd Floor San Diego, CA 92111 Phone: (858) 650-3900 Fax: (619) 209-3489 Order No. 313318828 Notice of Available Discounts Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute a waiver of the consumer's right to be charged the filed rate. As such, your transaction may not qualify for the below discounts. You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These discounts are generally described below; consult the rate manual for a full description of the terms, conditions and requirements for such discount. These discounts only apply to transactions involving services rendered by the FNF Family of Companies. This notice only applies to transactions involving property improved with a one-to-four family residential dwelling. FNF Underwritten Title Comoanv ffif Un^lerwntQr LTC - Lawyers Title Company CLTIC - Commonwealth Land Title Insurance Co. Available Discounts DISASTER LOANS (CLTIC) The charge for a Lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within 24 months of the date of a declaration of a disaster area by the government of the United States or the State of California on any land located in said area, which was partially or totally destroyed in the disaster, will be 50% of the appropriate title insurance rate. EMPLOYEE RATE (LTC and CLTIC) No charge shall be made to employees (including employees on approved retirement) of the Company or its underwritten, subsidiary or affiliated title companies for policies or escrow services in connection with financing, refinancing, sale or purchase of the employees' bona fide home property. Waiver of such charges is authorized only in connection with those costs which the employee would be obligated to pay, by established custom, as a party to the transaction. Notice of Available Discount Mod. 10/21/2011 Effective Date: 5/1/2008 Fidelity National Financial, Inc. Privacy Statement Fidelity National Financial, Inc. and its subsidiaries ("FNF") respect the privacy and security of your non-public personal information ("Personal Information") and protecting your Personal Information is one of our top priorities. This Privacy Statement explains FNF's privacy practices, including how we use the Personal Information we receive from you and from other specified sources, and to whom it may be disclosed. FNF follows the privacy practices described in this Privacy Statement and, depending on the business performed, FNF companies may share information as described herein. Personal Information Collected We may collect Personal Information about you from the following sources: • Information we receive from you on applications or other forms, such as your name, address, social security number, tax identification number, asset information, and income information; • Information we receive from you through our Internet websites, such as your name, address, email address, Internet Protocol address, the website links you used to get to our websites, and your activity while using or reviewing our websites; • Information about your transactions with or services performed by us, our affiliates, or others, such as information concerning your policy, premiums, payment history, information about your home or other real property, information from lenders and other third parties involved in such transaction, account balances, and credit card information; and • Information we receive from consumer or other reporting agencies and publicly recorded documents. Disclosure of Personal Information We may provide your Personal Information (excluding information we receive from consumer or other credit reporting agencies) to various individuals and companies, as permitted by law, without obtaining your prior authorization. Such laws do not allow consumers to restrict these disclosures. Disclosures may include, without limitation, the following: • To insurance agents, brokers, representatives, support organizations, or others to provide you with services you have requested, and to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure in connection with an insurance transaction; • To third-party contractors or service providers for the purpose of determining your eligibility for an insurance benefit or payment and/or providing you with services you have requested; • To an insurance regulatory authority, or a law enforcement or other governmental authority, in a civil action, in connection with a subpoena or a governmental investigation; • To companies that perform marketing services on our behalf or to other financial institutions with which we have joint marketing agreements and/or • To lenders, lien holders. Judgment creditors, or other parties claiming an encumbrance or an interest in title whose claim or interest must be determined, settled, paid or released prior to a title or escrow closing. We may also disclose your Personal Information to others when we believe, in good faith, that such disclosure is reasonably necessary to comply with the law or to protect the safety of our customers, employees, or property and/or to comply with a judicial proceeding, court order or legal process. Page 1 of 2 Efi^ective Date: 5/1/2008 Disclosure to Affiliated Companies - We are permitted by law to share your name, address and facts about your transaction with other FNF companies, such as insurance companies, agents, and other real estate service providers to provide you with services you have requested, for marketing or product development research, or to market products or services to you. We do not, however, disclose information we collect from consumer or credit reporting agencies with our affiliates or others without your consent, in conformity with applicable law, unless such disclosure is otherwise permitted by law. Disclosure to Nonaffiliated Third Parties - We do not disclose Personal Information about our customers or former customers to nonaffiliated third parties, except as outlined herein or as otherwise permitted by law. Confidentiality and Security of Personal Information We restrict access to Personal Information about you to those employees who need to know that information to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard Personal Information. Access To Personal Information/ Requests for Correction, Amendment, or Deletion of Personal Information As required by applicable law, we will afford you the right to access your Personal Information, under certain circumstances to find out to whom your Personal Information has been disclosed, and request correction or deletion of your Personal Information. However, FNF's current policy is to maintain customers' Personal Information for no less than your state's required record retention requirements for the purpose of handling future coverage claims. For your protection, all requests made under this section must be in writing and must include your notarized signature to establish vour identity. Where permitted by law, we may charge a reasonable fee to cover the costs incurred in responding to such requests. Please send requests to: Chief Privacy Officer Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, FL 32204 Changes to this Privacy Statement This Privacy Statement may be amended from time to time consistent with applicable privacy laws. When we amend this Privacy Statement, we will post a notice of such changes on our website. The effective date of this Privacy Statement, as stated above, indicates the last time this Privacy Statement was revised or materially changed. Page 2 of 2 ii si 2. 'S iiS. if — A. N»7*«3'2«'C (t.T* —-3 COUhTf A»GS«Ors MAP Bf4X IBS l>A£E IB ntlSMAF'WASPREPAREDFORASSeSSMENrniRI'OSesONl.y. NOUASIUTYIS ASSUMED FOR Ttt fCOJKfCI OF THEDAUSHOWN. ASSESSORS PARCELS MAV »IOT COVPLt wm LOCK SUBDmOK OK SUUWS OROWWCES. MAP 14897 - CARLSBAD TCT 02-13 MAP 1719 - UGUNA MCSA TCTS - TCT NO 2 ROS 11B88. 14911, 16250, 16345 City of Carlsbad Faraday Center Faraday Cashiering 001 1419901-1 07/18/2014 149 Fri, Jul 18, 2014 10:59 AM Receipt Ref Nbr; R1419901-1/0012 PERMITS - PERMITS Tran Ref Nbr: 141990101 0012 0016 Trans/Rcpt#: R0102731 SET #: VI400002 Amount; 1 @ $2,785.00 Item Subtotal: $2,786.00 Item Total: $2,786.00 1 ITEM(S) TOTAL; $2,786.00 Credit Card fi'ith# 00351C) v:,786.00 Total Received; $2,786,00 Have a nice dayi **************[;USTOMER COPY************* City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 Applicant: HIRSCHKOFF JOEL&HERSCHKOFF HEATHER Description Amount V1400002 2,786.00 Receipt Number: R0102731 Transaction ID: R0102731 Transaction Date: 07/18/2014 Pay Type Method Description Amount Payment Credit Crd VISA 2,786.00 Transaction Amount: 2,786.00 City of Carlsbad Faraday Center Faraday Cashiering 001 1415801-1 05/17/2014 32 Tue, Jun 17, 2014 08:55 AM Receipt Ref Nbr: R1416801-1/0010 PERMITS - PERMITS Tran Ref Nbr: 141580101 0010 0011 Trans/Rcpt#: ROI02015 SET #: CDP14013 Amount: 1 8 $1,397.95 Item Subtotal: $1,397.95 Item Total: $1,397.95 PERMITS - PERMITS Tran Ref Nbr: 141680101 001. 00^? Trans/Rcpt#; R0102016 SET #; CDP14014 Amount; D'--- Item Subtotal; $643,uO Item Total; $843.00 ^ TOTAL: $2,240.95 Credit Lard (Auth# 06055C) $2,240.95 Tota"! ''>^'9ived; $2,240.95 Have d ;e dayi 4:4;**¥*********CUST0MER COPY************* city of Carlsbad 163 5 Faraday Avenue Carlsbad CA 92008 Applicant: JENSEN JOHN P Description CDP14013 Amount 1,397.95 Receipt Number: R0102015 Transaction Date: 06/17/2014 Transaction ID: R0102015 Pay Type Method Description Amount Payment Check 1,397.95 Transaction Amount: 1,397.95 city of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 Applicant: JENSEN JOHN P Description CDP14014 Amount 843.00 Receipt Number: R0102016 Transaction Date: 06/17/2014 Transaction ID: R0102016 Pay Type Method Description Amount Payment Check 843.00 Transaction Amount: 843.00 STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY EDMUND G. BROWN, JR., Governor CALIFORNIA COASTAL COMMISSION San Diego Coast District Office 7575 Metropolitan Drive, Suite 103 San Diego, California 92108-4402 (619) 767-2370 FAX (619) 767-2384 www.coastal.ca.gov NOTIFICATION OF APPEAL PERIOD DATE: February 25, 2015 TO: Austin Silva, Planning Division, City of Carisbad FROM: Rick Casswell, California Coastal Connmission, San Diego RE: Application No. 6-CII-15-0170 Please be advised that on February 19, 2015, our office received notice of local action on the coastal development permit described below: Local Permit #: CDP 14-14 Applicant(s): Joel Hirschkoff Description: Construction of a new 3,015 square foot single-family residence with attached 468 square foot second dwelling unit and 803 square foot garage on a vacant parcel adjacent to Buena Vista Lagoon. Location: Jefferson ST (APN(s) 155-180-29-00) Unless an appeal is filed with the Coastal Commission, the action will become final at the end of the Commission appeal period. The appeal period will end at 5:00 PM on March 05, 2015. Our office will notify you if an appeal is filed. If you have any questions, please contact me at the address and telephone number shown above. cc: Joel Hirschkoff CALIFORNIA COASTAL COMMISSION Notice of Completion & Environmental Document Transmittal Mail to: State Clearinghouse, P.O. Box 3044, Sacramento, CA 95812-3044 (916) 445-0613 For Hand Delivery/Street Address: 1400 Tenth Street, Sacramento, CA 95814 Project Title: l-lirschkoff Residence tiLE COPt tpendix C SCH# Lead Agency: City of Carlsbad Contact Person: Austin Silva Mailing Address: 1635 Faraday Avenue City: Carlsbad Phone: 760-602-4631 Zip: 92008-7314 County: San Diego Project Location: County: San Diego City/Nearest Community: Carlsbad Cross Streets: Jefferson Street and Las Flores Drive Longitude/Latitude (degrees, minutes and seconds): 33 Assessor's Parcel No.: 155-180-28 Within 2 Miles: State Hwy #: Interstate 5 10 '22 "N/ 117 ° 20 '56 Airports: N/A Zip Code: 92008 ' W Total Acres: .28 Section: 36 Twp.: 11 south Range: 4 west Base: San Berp Waterways: Pacific Ocean & Buena Vista Lagoona Railways: AT & SF Railroad Schools: Buena Vista Elementary Document Type: CEQA: • NOP • Early Cons • Neg Dec [x] Mit Neg Dec • Draft EIR I I Supplement/Subsequent EIR (Prior SCH No.) Other: NEPA: • NOI • EA • Draft EIS • FONSI Other: Joint Document n Final Document • Other: Local Action Type: • General Plan Update im General Plan Amendment D General Plan Element O Community Plan • Specific Plan • Master Plan EH Planned Unit Development • Site Plan • Rezone C] Prezone CH Use Permit • Land Division (Subdivision, etc.) n Annexation • Redevelopment |x] Coastal Permit |x] Other: Variance Development Type: [x] Residential: Units • Office: Sq.ft. • CommerciahSq.ft. • Industrial: Sq.ft. • Educational: _ r~l Recreational: • Water Facilities:Type Acres. Acres _ Acres _ Acres Employees. Employees. Employees. MGD n Transportation: Type • Mining: Mineral_ I I Power: Type l~l Waste Treatment: Type r~l Hazardous Waste:Type • Other: MW_ MGD Project Issues Discussed In C] AestheticA'isual • Agricultural Land • Air Quality [x] Archeological/Historical IHI Biological Resources EH Coastal Zone • Drainage/Absorption EH Economic/Jobs Document: EH Fiscal EH Flood Plain/Flooding I I Forest Land/Fire Hazard EH Geologic/Seismic I I Minerals [xj Noise I I Population/Housing Balance EH Public Services/Facilities EH Recreation/Parks EH Schools/Universities EH Septic Systems EH Sewer Capacity I I Soil Erosion/Compaction/Grading • Solid Waste I I Toxic/Hazardous EH Traffic/Circulation I I Vegetation • Water Quality EH Water Supply/Groundwater EH Wetland/Riparian EH Growth Inducement EH Land Use EH Cumulative Effects • Other: Present Land Use/Zoning/General Plan Designation: R-3 (Multiple Family) Zoning & RIVIH (Residential Medium-High) General Plan Designation Project Description: (please use a separate page if necessary) Construction of a new 3,015 square foot single-family residence with an attached 468 square foot second dwelling unit and an 803 square foot garage. Note: The State Clearinghouse will assign identification numbers for all new projects. If a SCH number already exists for a project (e.g. Notice of Preparation or previous draft document) please fill in. Revised 2010 Reviewing Agencies Checklist Lead Agencies may recommend State Clearinghouse distribution by marking agencies below with and "X". If you have already sent your document to the agency please denote that with an "S". X X X Air Resources Board Boating & Waterways, Department of California Emergency Management Agency California Highway Patrol Caltrans District # Caltrans Division of Aeronautics Caltrans Planning Central Valley Flood Protection Board Coachella Valley Mtns. Conservancy Coastal Commission Colorado River Board Conservation, Department of Corrections, Department of Delta Protection Commission Education, Department of Energy Commission Fish & Game Region # 5 Food & Agriculture, Department of Forestry and Fire Protection, Department of General Services, Department of Health Services, Department of Housing & Community Development Native American Heritage Commission Office of Historic Preservation Office of Public School Construction Parks & Recreation, Department of Pesticide Regulation, Department of Public Utilities Commission Regional WQCB # Resources Agency Resources Recycling and Recovery, Department of S.F. Bay Conservation & Development Comm. San Gabriel & Lower L.A. Rivers & Mtns. Conservancy San Joaquin River Conservancy Santa Monica Mtns. Conservancy State Lands Commission SWRCB: Clean Water Grants SWRCB: Water Quality SWRCB: Water Rights Tahoe Regional Planning Agency Toxic Substances Control, Department of Water Resources, Department of Other: Other: Local Public Review Period (to be filled In by lead agency) Starting Date Ending Date Lead Agency (Complete If applicable): Consulting Firm: Address: City/State/Zip: Contact: Phone: Applicant: Address: City/State/Zip: Phone: Signature of Lead Agency Representative: Date: 10 Authority cited: Section 21083, Public Resources Code. Reference: Section 21161, Public Resources Code. Revised 2010 FILE ^ City of Carlsbad NOTICE OF FINAL ACTION COASTAL DEVELOPMENT PERMIT The following project is located within the City of Carlsbad Coastal Zone. A coastal permit application for the project has been acted upon. SENT TO COASTAL COMMISSION VIA CERTIFIED MAIL ON February 17. 2015 Application #: CDP 14-13/CDP 14-14 Decision Date: 1/21/15 (CDP 14-13) & 2/12/15 (CDP 14-14) Case Name: Hirschkoff Residence Agent (if different): N/A Applicant: Joel Hirschkoff Address: N/A Address: 1483 Coral Wav, San Marcos, CA 92078 Phone: N/A Phone: (858) 229-1399 Project Description: Construction of a new 3,015 square foot single-family residence with an attached 468 square foot second dwelling unit and an 803 square foot garage. Project Location: The north side of Jefferson Street, north of Las Flores Drive and west of Interstate 5 (APN: 155-180-28) ACTION: • APPROVED IXI APPROVED WITH CONDITIONS • DENIED (Copy of final resolution/decision letter is sent to: Coastal Commission, any persons who specifically requested It, and the applicant). COASTAL COMMISSION APPEAL STATUS: • NOT APPEALABLE TO THE COASTAL COMMISSION. 1^ APPEALABLE TO THE COASTAL COMMISSION pursuant to Coastal Act Section 30603. An aggrieved person may appeal this decision to the Coastal Commission within ten (10) working days following Coastal Commission receipt of this notice. Applicants will be notified by the Coastal Commission as to the date the Coastal Commission's appeal period will conclude. Appeals must be made in writing to the Coastal Commission's district office at the following address: California Coastal Commission, 7575 Metropolitan Dr., Suite 103, San Diego, California 92108- 4402, Telephone (619) 767-2370. Attachment: - Location Map to CCC for non-appealable CDPs - Staff Report to CCC for appealable CDPs The time within which judicial review of this decision must be sought is governed by Code of Civil Procedures, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than ninety (90) days following the date on which this decision becomes final; ho\ 'ever, if within ten (10) days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such a record, the time within which such petition may be filed in court is extended to not later than thirty (30) days following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California 92008. Community & Economic Development Planning Division 1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-4600 I 760-602-8560 fax Notice of Determination FILE From: CITY OF CARLSBAD Planning Division 1635 Faraday Avenue Carlsbad, CA 92008 (760) 602-4600 To: ^ Office of Planning and Research PO Box 3044 Sacramento, CA 95812-3044 3 SD County Clerk Attn: James Scott 1600 Pacific Highway, Suite 260 PO Box 121750 San Diego, CA 92101 Project No: CDP 14-13 Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. Hirschkoff Residence Project Title 2014101059 City of Carlsbad, Austin Silva 760-602-4631 State Clearinghouse No. Lead Agency, Contact Person Telephone Number The north side of Jefferson Street, north of Las Flores Drive (APN: 155-180-2800) in San Diego County Project Location (include County) Name of Applicant: Joel Hirschkoff Applicant's Address: 1483 Coral Wav. San Marcos. CA 92078 Applicant's Telephone Number: 858-229-1399 Project Description: Construction of a new 3.015 square foot sinele-familv residence with an attached 468 square foot second dwelling unit and an 803 square foot garage. This is to advise that the City of Carlsbad has approved the above described project on January 21, 2015, and has made the following determination regarding the above described project. 1. The project will not have a significant effect on the environment. 2. A Mitigated Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 3. Mitigation measures were made a condition ofthe approval ofthe project. 4. A mitigation reporting or monitoring plan was adopted for this project. 5. A statement of Overriding Considerations was not adopted for this project. 6. Findings were made pursuant to the provisions of CEQA. This is to certify that the final Mitigated Negative Declaration with comments and responses and record of project approval is available to the General Public at THE CITY OF CARLSBAD. OLA. DON NEU, City Planner Date received for filing at OPR: Date Revised 05/13 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 UT - North County Formerly known as the North County Times and which newspaper has been adjudicated as a newspaper 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 numbers 171349 & 172171, 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: January 09^, 2015 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at QeeansTete, California On This 06t^ day 2amaiy, 2015 Jane Allshouse UT NORTH COUNTY Legal Advertising This space is for the County Clerk's Filing Stamp City of Carlsbad JAN 1 3 2015 Planning Division Proof of Publication of PLANNING COMMISSION PUBLIC HEARING iNOTICE IS HEREBY GIVEN to you, becQuse your in-Iterest may be affected, that the Planning Commission 'of the City of Carlsbad will hold a public hearing at the Council Chombers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Wednesday, January 21, 2015, to consider the following: 1) CDP 14-13 - HIRSCHKOFF RESIDENCE - Request for the adoption of- a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and Addendum, and appro-val of a Coastal Development Permit to allow for the construc-tion of d 3,015 sguare foot single family residence within the Mello 11 Segment of the City's Coastal Zone generally located on the west side of Jefferson Street, adiacent to the Interstate FIVe freeway and within Local Facilities Management Zone 1. The proiect site Is within the appealable area of the California Coast-al Commission. 2) CUP 2«0(E) - PALOAAAR TRANSFER STATION - Request for a recommendation of approval of a Conditional Use Permit Amendment to Increase the hours of public access to the Palomar Transfer Station (PTS) from 9:00 a.m. to 4:00 p.m. Monday through Friday to 7:00 a.m. to 4:00 p.m. Monday through Fridoy on o site located at 5960 El Camtno Real between Faraday Avenue and El Camino Real and within In Local Facili-ties Manogement Zone 5>^ If you challenge these proiects In court, you.may be limited to raising only those Issues you or someone else raised at the pub-lic hearing described In this notice or In written correspondence delivered to the City of Corlsbad at or prior to the public hear-ing. Copies of the environmental documents are available at the Planning Division at 1635 Faraday Avenue during regular busi-ness hours from 7:30 am to 5:30 pm Monday through Thursday and 8:00 am to 5:00 pm Friday. Those persons wishing t6 speak on these proposals are cordially invited to attend the public hearing. Copies of the staff reports wili be available online at http://carltbad.9ranicus.c01n/ViewP ubllsh«r.php7vlew lAmi on or after the Friday prior to the hear-ing date. If you have any questions, please call the Planning Di-vision at (760) 602-4600. CITYOF CARLSBADPtANNfNG DIVISION PVt?; 1/9/15 City of Carlsba DEC 0 8 2014 ^Cityof Carlsbad Planning Division ^ D 0, 1 © HfflWl i Dronenburg. Jr. Recorder Counn CleA NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION NOV 04 2014 BY C. Duefias PROJECT NAME: Hirschkoff Residence °'- D#WTY PROJECT NO: CDP 14-13/CDP 14-14/V14-02 PROJECT LOCATION: The north side of Jefferson Street, north of Las Flores Drive (APN # 155-80-281 PROJECT DESCRIPTION: Construction of a new 3,015 square foot single-family residence with an attached 468 square foot second dwelling unit and an 803 square foot garage. PROPOSED DETERMINATION: The City of Carlsbad has conducted an environmental review ofthe above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the Initial study identified potentially significant effects on the environment, but (1) revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed Mitigated Negative Declaration and Initial Study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur, and (2) there is no substantial evidence in light ofthe whole record before the City that the project "as revised" may have a significant effect on the environment. Therefore, a Mitigated Negative Declaration will be recommended for adoption by the City of Carlsbad Planning Commission. AVAILABILITY: A copy of the Initial Study documenting reasons to support the proposed Mitigated Negative Declaration is on file in the Planning Division, 1635 Faraday Avenue, Carlsbad, California 92008 and is available online at: http://www.carlsbadca.gov/services/depts/planning/agendas.asp. COMMENTS: Comments from the public are invited. Pursuant to Section 15204 of the CEQA Guidelines, in reviewing Mitigated Negative Declarations, persons and public agencies should focus on the proposed finding that the project will not have a significant effect on the environment. If persons and public agencies believe that the project may have a significant effect, they should: (1) identify the specific effect; (2) explain why they believe the effect would occur; and (3) explain why they believe the effect would be significant. Written comments regarding the draft Mitigated Negative Declaration should be directed to Austin Silva, Assistant Planner at the address listed below or via email to austin.silva@carlsbadca.gov. Comments must be received within 30 days ofthe date of this notice. The proposed project and Mitigated Negative Declaration are subject to review and approval/adoption by the Planning Commission. Additional public notices will be issued when those public hearings are scheduled. Ifyou have any questions, please call Austin Silva in the Planning Division at (760) 602-4631. PUBLIC REVIEW PERIOD October 28. 2014 - November 28. 2014 PUBLISH DATE October 28. 2014 FILED IN THE OFFICE OF THE COUNTY CLERK San Diego County on NOV 0 4 2014 Posted j^ioy lU 2Q14 Removed DEC 0 4 2014 Communitv & Economic Development Returned ft) agency 00— DEC| 4 2014 Planning Division Oipt^ L/. LJUOrVQS • 1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-4600 I 760-602-8560 fax ~ ' • FILE Xf^y^ Carlsbad NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you that the Planning Commission 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 Wednesday, January 21, 2015, to consider a request for the following: CASE NAME: CDP 14-13 - HIRSCHKOFF RESIDENCE PUBLISH DATE: January 5, 2015 DESCRIPTION: Request for the adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum, and approval of a Coastal Development Permit to allow for the construction of a 3,015 square foot single family residence within the Mello II Segment ofthe City's Coastal Zone generally located on the west side of Jefferson Street, adjacent to the Interstate Five freeway and within Local Facilities Management Zone 1. The project site is within the appealable area ofthe California Coastal Commission. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing and provide the decision makers with any oral or written comments they may have regarding the project. Copies of the staff report will be available online at http://carlsbad.granicus.com/ViewPublisher.php7view id=6 on or after the Friday prior to the hearing date. If you have any questions, or would like to be notified of the decision, please contact Austin Silva in the Planning Division at (760) 602-4631, Monday through Thursday 7:30 a.m. to 5:30 p.m., Friday 8:00 a.m. to 5:00 p.m. at 1635 Faraday Avenue, Carlsbad, California 92008. APPEALS The time within which you may judicially challenge these projects, if approved, is established by State law and/or city ordinance, and is very short. Ifyou challenge this 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 at or prior to the public hearing. • Appeals to the Citv Council: Where the decision is appealable to the City Council, appeals must be filed in writing within ten (10) calendar days after a decision by the Planning Commission. • Coastal Commission Appealable Project: ^ This site is located within the Coastal Zone Appealable Area. • This site is not located within the Coastal Zone Appealable Area. • Application deemed complete: August 27, 2014 Where the decision is appealable to the Coastal Commission, appeals must be filed with the Coastal Commission within ten (10) working days after the Coastal Commission has received a Notice of Final Action from the City of Carlsbad. Applicants will be notified by the Coastal Commission of the date that their appeal period will conclude. The San Diego office of the Coastal Commission is located at 7575 Metropolitan Drive, Suite 103, San Diego, California 92108-4402. CITYOFCARLSBAD PLANNING DIVISION Community & Economic Deveiopment Planning Division 1635 Faraday Avenue i Carlsbad, CA 92008 I 760-602-4600 I 760-602-8560 fax SITE MAP NOT TO SCALE Hirschkoff Residence CDP 14-13/CDP 14-14 Easy Peel® Labels ! Use Avery® Template 5160®/8160™ j JOEL & HEATHER HERSCHKOFF 1483 CORAL WAY SAN MARCOS CA 92078 ^jjj^aper Bend along line to expose Pop-up Edge™ STATE OF CALIFORNIA WILDLIFE RESERVE 1807 13THST#103 SACRAMENTO CA 95811 ^ AVERY® 6240^1 MICHAEL J & RENAE GREIG 1570 MARTINGALE CT CARLSBAD CA 92011 MICHELE HENSLEY 2399 JEFFERSON ST #2 CARLSBAD CA 92008 BRUCE W JACOBSON 2399 JEFFERSON ST #3 CARLSBAD CA 92008 MARK S ANDERSON 2276 GREENWICH ST SAN FRANCISCO CA 94123 ROBERT T & MICHELLE E DUPRE 22386 RIVER RD PERRIS CA 92570 WALSH FAMILY INTER-VIVOS SURVIVORS TRUST 10781 EQUESTRIAN DR SANTA ANA CA 92705 NOLAN C & MARY A ELLIS 1350 SUNSET GROVE RD FALLBROOK CA 92028 CHINH FAMILY TRUST 02-24-95 897 SANTA BARBARA CIR DUARTE CA 91010 ALEXANDER E JUBB 2399 JEFFERSON ST #9 CARLSBAD CA 92008 ALICIA MILLER 2399 JEFFERSON ST #10 CARLSBAD CA 92008 JAMES L GATES 10408 MYSTIC PINE RD LAS VEGAS NV 89135 HAROLD K & EVE Y HUNT 2940 HYDE PARK CIR RIVERSIDE CA 92506 DONNA M SCHOLL 2929 WAVERLYDR#211 LOS ANGELES CA 90039 ALLAN J WANAMAKER 2399 JEFFERSON ST #14 CARLSBAD CA 92008 NANCY J BINKIN 4609 NORMA DR SAN DIEGO CA92115 DENNIS D GAULT 2399 JEFFERSON ST #16 CARLSBAD CA 92008 LILLIAN S JACOBS P O BOX 4576 CARLSBAD CA 92018 DANIEL & SUSAN BURKE 2755 JEFFERSON ST #1 CARLSBAD CA 92008 JOHNSON FAMILY TRUST 05-11- 89 1200 HARBOR DRN #10A OCEANSIDE CA 92054 DONALDLINDA BROOKS ACCOUNT NO 54-00099 555 12THST#1250 OAKLAND CA 94607 GALLAGHER FAMILY TRUST 12- 17-02 2399 JEFFERSON ST #21 CARLSBAD CA 92008 NORMAN A KERLIN 2932 ESCALACIR SAN DIEGO CA 92108 GERRITY FAMILY TRUST 08-26- 05 3227 N STAR DR SAN DIEGO CA 92117 ROSE LASKI P 0 BOX 2686 CARLSBAD CA 92018 VINCENT J & KATHLEEN M SWEENEY 2399 JEFFERSON ST #25 CARLSBAD CA 92008 STATE OF CALIFORNIA PO BOX 23440 OAKLAND CA 94559 Etiquettes faciles a peler ; Utilisez le gabarit AVERY® 5160®/8160"' I STATE OF CALIFORNIA PO BOX 23440 OAKLAND Sens de Repliez h la hachure afin de { r^vAlttr le nahnrrl Pon-iin"*^ ! QIONGFANG LIU 2380 JEFFERSON ST CARLSBAD CA 92008 www.avery.com 1-800-GO-AVERY Easy Peel® Labels Use Avery® Template 5160®/8160™ JACQUELINE C JOSEPHSON P O BOX 1433 CARLSBADCA 92018 MABS&AZMINA YUSUF 10309 107 ST NW #121 EDMONTON, ABT5J 1K3, CANADA paper Bend along line to expose Pop-up Edge™ JUDITH E BRENT 1911 PAXTON WAY ENCINITAS CA 92024 KIMBERLY J LUNDE 1132 LAS FLORES DR CARLSBAD CA 92008 ^ AVERY® 6240™| RONALD J RICHARDSOi 2933 COAST LINj LAS VEGAa,WV^9117 JOHN J & SUSAN R C JOHNSON 111 LUPINE DR SEQUIM WA 98382 KEVIN E ZINGER 1230 HORN AVE #523 WEST HOLLYWOOD CA 90069 RICHARD J OBERHOLZER 30600 HART OAKS DR KEENE CA 93531 TSUYOSHI & KAYE INOSHITA 39 HICKORY RIDGE LN WHEELERSBURG OH 45694 RONALD J RICHARDSON 2933 COAST LINE CT LAS VEGAS NV 89117 CASTENS FAMILY REVOCABLE TRUST 2381 JEFFERSON ST #A CARLSBAD CA 92008 RONALD J RICHARDSON 2933 COAST LAS VEGAS W«9117 DANIEL L MUHE 2375 JEFFERSON ST CARLSBAD CA 92008 ALAA MUQATTASH 11332 BELLADONNA WAY SAN DIEGO CA 92131 PETRI FAMILY TRUST 05-22-12 2377 JEFFERSON ST CARLSBAD CA 92008 WALLACE G & LINDA J MULLINS P O BOX 2327 CARLSBADCA 92018 WALLACE G & LINDA J MULLir P O BOX 2327 CARLSBAD CAJdSffTS MELVA L MONTGOMERY 2363 JEFFERSON ST CARLSBAD CA 92008 JOHN M & RENEE SIEGEL 21935 SWLEBEAU RD SHERWOOD OR 97140 SHEA HOMES LIMITED PARTNERSHIP 9990 MESA RIM RD #200 SAN DIEGO CA 92121 SHEA HOMES LIMITED PARTNERSHIP 9990 MESARiM^#200 SAN DIEiSCfCA 92121 Etiquettes fadles a peler j utilises le aabarit AVERY® 5160®/816D'^ I A Sens de Repliez h la hachure afin de | www.avery.com iJtnn^n-AVFRV Easy Peel® Labels I — Bend along line to 1 ^ AVERV<§> fi2iiiiTM' Use Avery® Template 5160®/8160™ ) ^Paper — expose Pop-up Edge™ ] |P MVBWT'O'SZflO™'^ RESIDWJT' RESIDENT RESIDENT 2380 JEFFERSON ST 2375 JEFFERSON ST 2373 JEFFERSON ST CARLSBAD CA 92008 CARLSBAD CA 92008 CARLSBAD CA 92008 RESIDENT 2363 JEFFERSON ST CARLSBAD CA 92008 A notice has been mailed to all property owners/occupants listed herein. / i Signature:. Etiquettes fadles d peter | ^J!^^^ Repliez a la hachure afin de! Vinww.avery.CDm Utilisez le aabarit AVERY® 5160®/8160"' ! r6„6Ur le r»hnrH Pnn..m««£ ! l-aoO-GO-AVERY FILE Ccityof Carlsbad ADMINISTRATIVE COASTAL DEVELOPMENT PERMIT FOR A SECOND DWELLING UNIT NOTICE OF PENDING DECISION DATE: January 27, 2015 APPLICATION NUMBER AND NAME: CDP 14-14 - Hirschkoff Residence PROJECT DESCRIPTION: Request to construct a 468 square foot second-dwelling unit (SDU) attached to the main dwelling unit. Parking for the SDU will be provided with a parking space in the front yard. LOCATION: Please see location map on the back of this page APN: 155-180-28 The proposed development is located within the City of Carlsbad's Coastal Zone. No formal public hearing is required for this application. However, anv written comments on this application must be submitted to the Citv within 10 calendar davs of the date of this notice. Failure to submit comments may result in loss of the ability to appeal to the Coastal Commission any action taken by the City on the Administrative Coastai Development Permit application. The Citv Planner will make a decision on this application 10 calendar davs after the date of this notice. Written comments to this proposed development should be addressed to the City Planner, City of Carlsbad Planning Division, 1635 Faraday Avenue, Carlsbad, CA 92008. Ifyou have any questions, comments or concerns regarding this application please contact Austin Silva, at the City of Carlsbad Planning Division, (760) 602-4631, Monday through Thursday - 7:30 a.m. - 5:30 p.m., or 8:00 a.m. - 5:00 p.m. Friday. Community & Economic Development Planning Division 1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-4600 I 760-602-8560 fax SITE MAP NOT TO SCALE Hirschkoff Residence CDP 14-14 Easy Re§l® Labels ; Bend along line to j AVERY® 5160® ! use Avery® Template 5160® | ^ Paper —, expose Pop-up Edge™ j ^ \^ ^ RESIDENT RESIDENT RESIDENT 2380 JEFFERSON ST 2375 JEFFERSON ST 2373 JEFFERSON ST CARLSBAD CA 92008 CARLSBAD CA 92008 CARLSBAD CA 92008 RESIDENT 2363 JEFFERSON ST CARLSBAD CA 92008 A notice has been mailed to all property owners/occupants listed herein. / , Signature: - Hflb^ , I A I I Etiquettes faciles d peler \> c H Repliez i la hachure afin de | www.avery.com | Utility le naharit AVFRY® SIBO® ! rAuUiv If, nthnni Pnn-im™ \ l-Rnn-fSn-AUFRY ' FILE COPY Ccityof Carlsbad EARLY PUBLIC NOTICE PROJECTNAME: HIRSCHKOFF RESIDENCE PROJECT NUMBER: CDP 14-13/CDP 14-14 This early public notice is to let you know that a development application for a Coastal Development Permit and Minor Coastal Development Permit within your neighborhood has been submitted to the City of Carlsbad on June 17, 2014. The project application is undergoing its initial review by the City. LOCATION: The west side of Jefferson Street, north of Las Flores Drive and west of Interstate 5 PROJECT DESCRIPTION: Request to construct a new 3,015 square foot single-family residence with and attached 468 square foot second dwelling unit and an 803 square foot attached garage. Please keep in mind that this is an early public notice and that the project design could change as a result of further staff and public review. A future public hearing notice will be mailed to you when this project is scheduled for public hearing before the Planning Commission. CONTACT INFORMATION: If you have questions or comments regarding this proposed project please contact Austin Silva, Assistant Planner at austin.silva@carlsbadca.gov or (760) 602-4631, City of Carlsbad Planning Division, 1635 Faraday Avenue, Carlsbad, CA 92008. Community & Economic Development Planning Division 1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-4600 I 760-602-8560 fax NOT TO SCALE SITE MAP Hirschkoff Residence CDP 14-13/CDP 14-14 LEGEND • PROPOSED STRUCTURE SETBACKS — CENTERUNE — PROPERTY UNE a STREETSCAPE V///////////A AREA OF ENCROACHMENT '^^^V'^^M NOTURFZONE BdlJl AREA DRAIN — SUB-SURFACE CtflAlN LINE - P DRAIN ELEVATION •*"* INVERT ELEVATION - 1* SURFACE FLOW OEStGNATED BIO-RETENTION AREAS SITE PLAN 1" = 20'-0" S.CEDftOSSJM) SOUIMABCACH LJJ O o o CO CO DC: LU =F a: HI s5 J.MOLGREN "X*"* J.JENSEN A-1 SITE PLAN NORTH ELEVATION SOUTH ELEVATION Msr-r-cr 7W STUCCO, TYP - FAUX WOOO PLANK SIDING. TYP, EAST ELEVATION WEST ELEVATION ulLLI -1— /->. lliQ- CO COi LU s =F cr: •>~"B» J.MOLGREN Ch«UdBy J.JENSEN A-3 ELEVATIONS 1/8"= r-b- Easy Peel® Labels Use Avery® Template 5160®/8160™ JOEL & HEATHER HERSCHKOFF 1483 CORAL WAY SAN MARCOS CA 92078 Paper Bend along line to > expose Pop-up Edge™ ^ STATE OF CALIFORNIA WILDLIFE RESERVE 1807 13TH ST# 103 SACRAMENTO CA 95811 AVERY® 6240'"' I 1 MICHAEL J & RENAE GREIG 1570 MARTINGALE CT CARLSBAD CA 92011 MICHELE HENSLEY 2399 JEFFERSON ST #2 CARLSBAD CA 92008 BRUCE W JACOBSON 2399 JEFFERSON ST #3 CARLSBAD CA 92008 MARK S ANDERSON 2276 GREENWICH ST SAN FRANCISCO CA 94123 ROBERT T & MICHELLE E DUPRE 22386 RIVER RD PERRIS CA 92570 WALSH FAMILY INTER-VIVOS SURVIVORS TRUST 10781 EQUESTRIAN DR SANTA ANA CA 92705 NOLAN C & MARY A ELLIS 1350 SUNSET GROVE RD FALLBROOK CA 92028 CHINH FAMILY TRUST 02-24-95 897 SANTA BARBARA CIR DUARTE CA 91010 ALEXANDER E JUBB 2399 JEFFERSON ST #9 CARLSBAD CA 92008 ALICIA MILLER 2399 JEFFERSON ST #10 CARLSBAD CA 92008 JAMES L GATES 10408 MYSTIC PINE RD LAS VEGAS NV 89135 HAROLD K & EVE Y HUNT 2940 HYDE PARK CIR RIVERSIDE CA 92506 DONNA M SCHOLL 2929 WAVERLY DR #211 LOS ANGELES CA 90039 ALLAN J WANAMAKER 2399 JEFFERSON ST #14 CARLSBAD CA 92008 NANCY J BINKIN 4609 NORMA DR SAN DIEGO CA 92115 DENNIS D GAULT 2399 JEFFERSON ST #16 CARLSBAD CA 92008 LILLIAN S JACOBS P O BOX 4576 CARLSBAD CA 92018 DANIEL & SUSAN BURKE 2755 JEFFERSON ST #1 CARLSBAD CA 92008 JOHNSON FAMILY TRUST 05-11- 89 1200 HARBOR DRN #10A OCEANSIDE CA 92054 DONALDLINDA BROOKS ACCOUNT NO 54-00099 555 12THST#1250 OAKLAND CA 94607 GALLAGHER FAMILY TRUST 12- 17-02 2399 JEFFERSON ST #21 CARLSBAD CA 92008 NORMAN A KERLIN 2932 ESCALACIR SAN DIEGO CA 92108 GERRITY FAMILY TRUST 08-26- 05 3227 N STAR DR SAN DIEGO CA 92117 ROSE LASKI P O BOX 2686 CARLSBADCA 92018 VINCENT J & KATHLEEN M SWEENEY 2399 JEFFERSON ST #25 CARLSBAD CA 92008 STATE OF CALIFORNIA PO BOX 23440 OAKLAND CA 94559 Etiquettes faciles a peler j Utilisez le aabarit AVERY® 5160®/8160'^ ! STATE OF CALIFORNIA PO BOX 23440 OAKLAND CA^59 • ^Sens de Repliez ii la hachure afin de | QIONGFANG LIU 2380 JEFFERSON ST CARLSBAD CA 92008 www.avery.com i.<tnn.(;n.AVFRv Easy Peel® Labels Use Avery® Template 5160®/8160™ JACQUELINE C JOSEPHSON P O BOX 1433 CARLSBAD CA 92018 paper Bend along line to { expose Pop-up Edge™ ! JUDITH E BRENT 1911 PAXTON WAY ENCINITAS CA 92024 AVERY© 6240™" RONALD J RICHARDSON 2933 COAST LINE CT LAS VEGAS NV 89117 MABS&AZMINA YUSUF 10309 107 ST NW #121 EDMONTON, ABT5J 1K3, CANADA KIMBERLY J LUNDE 1132 LAS FLORES DR CARLSBAD CA 92008 JOHN J & SUSAN R C JOHNSON 111 LUPINE DR SEQUIM WA 98382 KEVIN E ZINGER 1230 HORN AVE #523 WEST HOLLYWOOD CA 90069 RICHARD J OBERHOLZER 30600 HART OAKS DR KEENE CA 93531 TSUYOSHI & KAYE INOSHITA 39 HICKORY RIDGE LN WHEELERSBURG OH 45694 RONALD J RICHARDSON 2933 COAST LINE CT LAS VEGAS NV 89117 RONALD J RICHARDSOr 2933 COAST LAS VEGA^M^9117 ALAA MUQATTASH 11332 BELLADONNA WAY SAN DIEGO CA 92131 CASTENS FAMILY REVOCABLE TRUST 2381 JEFFERSON ST #A CARLSBAD CA 92008 DANIEL L MUHE 2375 JEFFERSON ST CARLSBAD CA 92008 PETRI FAMILY TRUST 05-22-12 2377 JEFFERSON ST CARLSBAD CA 92008 WALLACE G & LINDA J MULLINS P O BOX 2327 CARLSBAD CA 92018 WALLACE G & LINDA J MULLl P O BOX 2327 CARLSBADJ5»«r^018 MELVA L MONTGOMERY 2363 JEFFERSON ST CARLSBAD CA 92008 JOHN M & RENEE SIEGEL 21935 SW LEBEAU RD SHERWOOD OR 97140 SHEA HOMES LIMITED PARTNERSHIP 9990 ME§^^«TK?r RD #200 SAK&i^GO CA 92121 SHEA HOMES LIMITED PARTNERSHIP 9990 MESA RIM RD #200 SAN DIEGO CA 92121 lltiquettes faciles a peler | lltilico7 lo naharit AVFRV® mi;n®/R1RnMC ! Sens de Repliez d ia hachure afin de { I In .._MC • www.avery.com 1 jtnn-ezn- AtfCDV Easy Peel® Labels Use Avery^ Template 5160®/8160TM RESIDENT 2380 JEFFERSON ST CARLSBAD CA 92008 'aper RESIDENT 2375 JEFFERSON ST CARLSBAD CA 92008 Bend along line to expose Pop-up Edge™ AVERY® 6240™*, RESIDENT 2373 JEFFERSON ST CARLSBAD CA 92008 RESIDENT 2363 JEFFERSON ST CARLSBAD CA 92008 A notice has t>een mailed to all property owners/occupants listed herein. Date: Signature:, Etiquettes faciles h peler j Utilisez le aabarit AVERY® 5160®/8160'«'= ! • Sens de Repliez h la hachure afin de { rau^lor la raV\t\rA Dt\r\.ttrf^ \ www.avery.com 1-800-GO-AVERV ATTACHMENT "1" I HEREBY CERTIFY THAT THE PROPERTY OWNERS LIST AND LABELS SUBMITTED TO THE CITY OF CARLSBAD ON THIS DATE REPRESENT THE LATEST AVAILABLE INFORMATION FROM THE EQUALIZED ASSESSOR'S ROLES. APPLICATION NAME AND NUMBER APPLICANT OR APPLICANT'S REPRESENTATIVE DATE: ^//Y/zcy RECEIVED BY DATE: P-21 Page 3 of 6 Revised 07/10 5rian T. Smith and Associates, Inc. Arcbaeologj / &ioloey / H/story / Faleontoloey /Air Qualify / Traffic/Acoustics 7 March 2014; Revised 10 March 2014 Mr. Joel Hirschkoff 1483 Coral Way San Marcos, Califomia 92078 Subject: Paleontological resource and monitoring assessment of the residential property located at 2351 Jefferson Street, Carlsbad, San Diego County, Califomia (APN 155-180-2800) Dear Mr. Hirschkoff: A paleontological resource and monitoring assessment has been completed for the residential property located at 2351 Jefferson Street on the east shore of Buena Vista Lagoon in Carlsbad, San Diego County, Califomia (Assessor's Parcel Number [APN] 155-180-2800). The project site lies just west of the section line in the northeast quarter of the southeast quarter of Section 36, Township 11 South, Range 5 West, San Bemardino Base and Meridian, as shown on the U. S. Geological Survey's 7.5-minute, 1:24,000 scale, San Luis Rey, Califomia, topographic quadrangle map. The property is bounded on the west by the edge of the lagoon, and on the east by Jefferson Street. Geologically, the basement rocks in the area are mapped as the middle Eocene (~ 40 to 50 million year old) Santiago Formation (S.S. Tan and M. P. Kennedy, 1996, Geologic maps of the northwestem part of San Diego County, California: Califomia Division of Mines and Geology, DMG Open File Report 96-02, pl. 1). The Santiago Formation contains a variety of lithologies, including ones derived from marine, estuarine, and terrestrial environments. Eocene sediments are mapped as being exposed along the bluffs on the shore of the lagoon. Much of the coastal area in this part of the county is also overlain by a thin veneer of Pleistocene marine terrace sediments that are not always mapped as such, but are evident based on the planar terrace geomorphology. Some areas on the north side of the lagoon that are mapped as the Eocene Santiago Formation have, for example, produced very rich Pleistocene fossil marine invertebrate faunas from exposures of 300,000 to 400,000 year old interglacial estuarine sediments. Nearby areas have been mapped as older Quatemary marine terrace materials (Qtj in Tan and Kennedy, 1996). The project site is mapped on a younger marine terrace (Qt, in Tan and Kennedy, 1996), which may date to the last major interglacial period that occurred about 80,000 to 120,000 years ago. Marine terraces of these ages along the San Diego County coast are often abundantly fossiliferous, although sporadically distributed. The limited geotechnical report for the project (E. R. Rist and MOW Fbwat) Road, Suite A, Poway, CA ?20^i Plione 679-8216 or (?50 iai-9910; rax 679-9896; www.bfea-ca.coni Business Of&e: H67S ibex Court, San Diego, CA 9212?; Ptione (fl^) +S+-09I5; rax (SJS) -M+-09SS Brian F. Smilii and Associates — Page 2 S. Norris, 2013, by Engineering Design Group, San Marcos) did not identify any of the formational units on the site, although their "sandstone" unit probably refers to Santiago Formation sediments recorded at the surface at one site (borehole B-2) and at a depth of 8.5 feet at another (borehole B-l). However, elevations of the two borehole sites were not recorded, so it is not clear which elevation might define the contact between the Pleistocene marine terrace sediments and the underlying Eocene Santiago Formation. Paleontological collections and records of the Department of Paleontology at the San Diego Natural History Museum in San Diego do not show any previously recorded fossil locality sites within the bounds of the property limits. The Museum's records and locality maps do show, however, a fossil mammoth locality about one-third of a mile to the north, and 10 marine terrace localities with abundant marine invertebrate fossils on the north side of Buena Vista Lagoon. Although there are no locally recorded fossil localities, the Eocene Santiago Formation is often fossiliferous, and has yielded important terrestrial vertebrate faunas, as well as marine invertebrate faunas (T. A. Demere and S. L. Walsh, 1993, Paleontological Resources - County of San Diego). Because of the "high paleontological resource sensitivity" assigned to the middle Eocene Santiago Formation and the Pleistocene marine terrace sediments (Demere and Walsh, 1993), full-time paleontological monitoring of mass grading and excavation activities, including utility trenching, etc., in areas so mapped should be required to mitigate any adverse impacts (loss or destmction) to potential nonrenewable paleontological resources {i.e.. Pleistocene and/or Eocene fossils). A mitigation program consistent with the provisions of the Califomia Environmental Quality Act (CEQA), regulations currently implemented by the City of Carlsbad, and the proposed guidelines of the Society of Vertebrate Paleontology should be implemented. If you have any questions conceming this evaluation, please feel free to contact us at our Poway address. Thank you for the opportunity to have provided paleontological services for this project. Sincerely, George L. Kennedy, Ph.D. Senior Paleontologist 7 5rian T. Smi'th and Associates^ Inc. Archaeology /&iology / Histortj / Fiileontoloey/Air Quality / Traffic /Acoustics May 20,2013 Joel and Heather Hirschkoff 1483 Coral Way San Marcos, Califomia 92078 Re: Cultural Resources Constraints Review of APN 155-180-28, City of Carlsbad Dear Joel and Heather: Brian F. Smith and Associates, Inc. (BFSA) conducted a due diligence cultural resources review of APN 155-180-28 located on the north side of Jefferson Street, adjacent to Buena Vista Lagoon in the city of Carlsbad on May 17,2013. The cultural resources study focused upon the potential of the property to contain significant archaeological sites that could represent a constraint to the development of the property. The scope of work for this cultural resources assessment included: 1) A review of existing in-house records regarding recorded archaeological sites within and adjacent to the property, 2) An intuitive survey of the property to search for any significant cultural resources, and 3) Preparation of this letter report to summarize the results of the study in order to present an opinion regarding the potential to encounter significant cultural resources during the development of the project. Results ofthe Investigation The results of the assessment of the potential for significant archaeological resources within APN 155-180-28 is presented in three categories: research of in-house records, a field review, and recommendations. Fortunately for this study, a sufficient quantity of data is available to permit a strong assessment of the potential of this property to contain archaeological resources, which will provide a foundation regarding the recommendation for future development of the land. • Review of Available Records Data: The primary source of information utilized for this review consisted of the site records in the BFSA archives. These records represent data collected by our firm for projects in the area of APN 155-180-28, and although these records are too old to be used for a current California Environmental 14010 Fbway KoaA, Suite A, Poway, CA 920^+; Phone («JS) 679-Sl\8 or (^0 ^Sl-?950; rax (358) 679-9396; www.bfsa-ca.com ~ Business office: Hi/S ibex Court, San Diego, CA 92119; Pbone (5?«) +5+-q?l:5; Tax iSfS) 4iS4-p9aS I'fii'i' .? Hrusn f. Sniiiii r<nd A\SOiiair Quality Act (CEQA)-level review, they do provide some level of data that is quickly accessible. Based upon the in-house records reviewed, the property does not appear to have been previously surveyed. However, archaeological surveys of parcels near this project have resulted in the recordation of prehistoric sites along the lagoon margin. In particular. Site SDI-628 has been recorded as a very large, archaic, prehistoric site that covers an area of approximately six acres, beginning at approximately the area of Interstate 5 and extending along the path of Jefferson Street for a distance of nearly 1,000 feet. Site SDI-628 is one of five major prehistoric sites located along the south shore of the lagoon. The lagoons of San Diego County were extremely important to prehistoric populations over the past 10,000 years because of the abundance of sea life that became a significant source of food. Shellfish, fish, and marine mammals were all hunted for food. Based upon the old records we have in our archives, APN 155-180-28 is located near the eastem edge of Site SDI-628. • Results ofthe Field Survey: BFSA conducted an intuitive survey of the subject property on May 17,2013. The property has been previously disturbed and was covered with weeds and ice plant. The intuitive survey conducted by BFSA targeted those areas that would typically be associated with prehistoric subsistence activities. The survey process identified a thin scatter of marine shell on the property. The types of specific species of shell observed are common to those collected by prehistoric people for food. This type of shell scatter is a common indicator that prehistoric subsistence activities have been associated with the area. However, no areas associated with long-term occupation on the property were observed. The shell on the property could either represent archaeological materials associated with the recorded site SDI-628, which is mapped as immediately to the west of this lot, or the shell could be present as a result of prior grading of areas along Jefferson Street or Interstate 5. It is difficult to say whether or not the shell material is the result of prehistoric activity or modem disturbance. Conclusion The review of information and the survey of the property have resulted in the formulation of an opinion that development of the property will not impact any highly significant cultural resources. Obviously, some evidence of prehistoric activity on or near this property has been noted, but the presence of marine shell is not considered to be an indicator of cultural significance. Archived data at BFSA did note that prehistoric site SDI-628 may extend onto this lot; however, an archaeological investigation conducted in 1995 on a property a few lots to the west also noted evidence of SDI-628. Archaeological excavations on that lot in 1995 did not identify any significant cultural deposits. Since no stone tools, fire hearths, or other evidence of a prehistoric occupation were observed on the lot at APN 155-180-28, we have concluded that development of the property will not be affected because a significant archaeological site is present. A caveat will always be included in such opinions that future archaeological investigations that include subsurface tests, or the eventual grading of the property, could reveal important cultural deposits that are currently masked or hidden by soil and vegetation. However, the potential is small that a significant site is buried within the property. Our conclusion is that cultural resources will not represent a significant constraint or threat of a fatal flaw to the development of the property. /V.'*'<- ,?•• Hrufn i'. SnuAii and Awonali:; Recommendation The potential to develop the property designated as APN 155-180-28 should not be constrained by cultural resources, since no major historic or prehistoric sites have been recorded within the property. Only prehistoric site SDI-628 is recorded adjacent to the property to the west, and this site has not been identified as significant. As part of the eventual CEQA review of the development proposal by the City of Carlsbad, you can anticipate that the City will require a focused cultural resources assessment of the lot, including subsurface testing, to verify that the marine shell on the property is not associated with a significant archaeological site. If you have any questions or wish further information, please contact me. Sincerely, Brian F. Smith BFS:ks HABITAT ASSESSMENT FOR THE HIRSCHKOFF PROPERTY PROJECT 2351 JEFFERSON STREET CITY OF CARLSBAD SAN DIEGO COUNTY, CALIFORNIA APN 155-180-28 Prepared for: City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, California 92008 Prepared by: Laurence N. Dean, Senior Wildlife Ecologist Brian F. Smith and Associates, Inc. 14010 Poway Road, Suite A Poway, California 92064 June 7,2013; Revised June 11,2014 Habitat Assessment for the Hirschkoff Property Project REPORT SUMMARY Author: Laurence N. Dean, Senior Wildlife Ecologst Consulting Firm: Report Date: Report Title: Prepared fon- Submitted by: USGS Quadrangle: Study Area: Brian F. Smith and Associates, Inc. 14010 Poway Road, Suite A Poway, Califomia 92064 (858) 484-0915 June 7,2013; Revised June 11,2014 Habitat Assessment for the Hirschkoff Property Project, 2351 Jefferson Street, City of Carlsbad, San Diego County, Califomia City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, Califomia 92008 Brian F. Smith and Associates, Inc. 14010 Poway Road, Suite A Poway, Califomia 92064 (858) 484-0915 San Luis Rey, Califomia (7.5 minute) Approximately 0.29 acre Habitat Assessment for the Hirschkoff Property Project Table of Contents Section Description Page MANAGEMENT SUMMARY 1 1.0 INTRODUCTION 2 1.1 Purpose of the Report 2 1.2 Project Location 2 1.3 Project Description 2 2.0 SURVEY METHODS 2 3.0 EXISTING CONDITIONS 3 3.1 LandUse 3 3.2 Topography 3 3.3 Soils 3 3.4 Plant Communities 4 3.5 Zoological Resources 5 5.5.7 Nesting Birds 6 4.0 SENSITIVE SPECIES 6 4.1 Orcutt' s Spineflower (Chorizanthe orcuttiana) 7 4.2 Orange-Throated Whiptail (Cnemidophorus hyperythrus beldingi) 7 4.3 Coastal Califomia Gnatcatcher (Polioptila californica californica) 8 5.0 DESIGNATED CRITICAL HABITAT 8 6.0 WETLANDS 9 7.0 VERNAL POOLS 10 8.0 NON-WETLAND JURISDICTIONAL WATERS 10 9.0 ADJACENCY STANDARDS 10 9.1 Fire Management 11 9.2 Erosion Control 11 9.3 Landscaping Restrictions 11 9.4 Fences, Signs, and Lighting 11 9.5 Predator and Exotic .Species Control 11 10.0 POTENTIAL EFFECTS OF THE PROPOSED ACTION 12 10.1 Plant Communities 12 10.2 Nesting Birds 12 10.3 Sensitive Species 12 10.4 Designated Critical Habitat 12 10.5 Wetlands 13 10.6 Vemal Pools 13 Habitat Assessment for the Hirschkoff Property Project Table of Contents (continued) Section Description Page 10.7 Non-Wetland Jurisdictional Waters 13 10.8 Adjacency Standards 13 11.0 PROPOSED AVOIDANCE, MITIGATION, AND MINIMIZATION 13 11.1 Plant Communities 13 11.2 Nesting Birds 13 11.3 Sensitive Species 14 11.4 Adjacency Standards 14 11.4.1 Fire Management 14 11.4.2 Erosion Control 14 11.4.3 Landscaoing Restrictions 15 11.4.4 Fences, Signs, and Lighting 15 11.4.5 Predator and Exotic Species Control 15 12.0 REPORT PREPARATION 15 13.0 CERTMCATION 16 14.0 REFERENCES 16 List of Appendices Appendix A - Qualifications of Key Personnel Appendix B - Project Figures Appendix C - Project Specific Annotated List of Species Proposed for Coverage Under the Carlsbad Subarea Plan Appendix D - Project Photographs List of Figures Figure 1 Project Locale Figure 2 Project Location Figure 3 Site Plan Figure 4 Soils Figure 5 Plant Communities Figure 6 Proposed Wetland Buffer Figure 7 Potential Adverse Effects m Habitat Assessment for the Hirschkoff Properfy Project List of Tables Table Description Page Table 1 Plant Communities 4 Table 2 Plant Species Observed 4 Table 3 Wildlife Species Observed 6 Table 4 Plant Communities Affected 12 Habitat Assessment for the Hirschkoff Property Project MANAGEMENT SUMMARY The proposed project site is located north of Jefferson Street and north of the intersection of Jefferson Street and Las Flores Drive. The parcel lies immediately west of Interstate Highway 5. The proposed project is the possible constraction of a residence. The proposed project site is a series of narrow terraces sloping from approximately 85 feet above mean sea level (AMSL) on the south to approximately 25 feet AMSL on the north, over a distance of about 290 feet. Plant communities on the proposed project site consist of approximately 0.19 acre of disturbed land and 0.10 acre of Diegan coastal sage scrab. Disturbance of sage scrab will require mitigation at a 1:1 ratio. If coastal Califomia gnatcatchers are present, mitigation will be 2:1. Suitable habitat for nesting birds protected by the Migratory Bird Treaty Act and the Califomia Fish and Wildlife Code is present in the proposed project site. It will be necessary to conduct nesting bird surveys if constraction (including clearing, grabbing, and grading) is to occur in nesting/breeding habitat during the general bird nesting season, from Febraary 1 through September 15. Three species covered by the City of Carlsbad Habitat Management Plan (HMP) were determined to have potential to occur on the proposed project site: Orcutt's spineflower, orange- throated whiptail hzard, and the coastal Califomia gnatcatcher. The orange-throated whiptail is adequately conserved by the City of Carlsbad HMP. Orcutt's spineflower is listed as endangered. The coastal Califomia gnatcatcher is listed as threatened. Focused surveys would be required for these species if the project design affects suitable habitat. The shoreline of Buena Vista Lagoon is approximately 80 feet north of the northern boundary of the property. The City of Carlsbad requires protective buffers around riparian/wetland areas. In this case, the buffer would be 100 feet. Plans for development shall clearly indicate the location of the wetland buffer tb^ prohibition of development within the buffer. As noted above, the proposed project site is adjacent to Buena Vista Lagoon, a sensitive preserve area. Adjacency standards described in the City of Carlsbad HMP shall be followed to avoid adverse impacts to Buena Vista Lagoon. Implementation of adjacency standards shall include: the containment of all brash management on the property, the development of an erosion control plan to prevent or minimize erosion and its impact on biological resources, the prohibition of non-native invasive species in landscaping palettes, the eradication of non-native plant species and re-vegetation with native species appropriate to the site, the management of irrigation to prevent ranoff into preserve areas (including containing irrigation ranoff on the project site and diverting it to storm drains), minimal use of fertilizers and pesticides, and the prohibition of the use of native container stock or seed acquired from outside the project area (i.e., San Diego Coastal Zone in landscape palettes). Habitat Assessment for the Hirschkoff F^operty Project There are no wetlands, including vemal pools or non-wetland jurisdictional waters, present on the property. The property is not adjacent to or within designated critical habitat for any listed species. 1.0 INTRODUCTION Brian F. Smith and Associates, Inc. (BFSA) conducted a habitat assessment of Assessor's Parcel Number (APN) 155-180-28,2351 Jefferson Street, Carlsbad, Califomia. 1.1 Purpose of the Report The purpose of this report is to document the biological resources present, or potentially present, on APN 155-180-28 in Carlsbad, Califomia. In addition, this report is intended to identify potential constraints imposed by biological resources, as well as to recommend measures to avoid, minimize, or mitigate potential significant impacts consistent with sensitive biological resources. 12 Project Location The proposed project site is located in the city of Carlsbad in northem San Diego County, California (Figure 1). The proposed site is on the west side of Jefferson Street, approximately 0.14 mile north of the intersection of Jefferson Street and Las Flores Drive, Carlsbad, Califomia. The proposed project site is depicted on the San Luis Rey 7.5-minute topographic map in the northeast quarter of the southeast quarter of Section 36, Range 5 West, Township 11 South (Figure 2). 13 Project Description The proposed project is a single-family residence to be constracted on the disturbed/developed potion of the site (Figure 3). 2.0 SURVEY METHODS Prior to the site visit, the Multiple Species Habitat Conservation Plan (MSHCP) Subarea Plan, the Califomia Natural Diversity Database (CNDDB) ArcGIS 9.x (CDFG 2013a), and Rarefind 4 (CDFG 2013c) were reviewed to determine if sensitive species may be present on or near the proposed site. National Wetland Inventory (USFWS 2013) Maps for the site were consulted to determine if mapped wetlands might be present. Appropriate United States Geological Survey Maps (7.5 minute) were reviewed to determine if drainage features, including "blue-line streams," might be present. The Web Soil Survey (WSS 2013) was consulted to Habitat Assessment for the Hirschkoff Property Project identify soils associated with the proposed site, and the National List of Hydric Soils (NRCS 2013) was reviewed to determine if any of these soils might be hydric in nature. Site visits were made on May 24 and 31,2013. On May 24, the site was surveyed on foot by one biologist slowly walking over the site in a series of random transects intended to provide visual coverage of the entire site. Vegetation and wildhfe species observed were recorded as field observations were made. Wildlife signs (scat, bones, feathers, tracks, dens, and burrows) were aiso recorded as encountered. Frequent pauses were made during the survey to watch and listen for wildlife. On May 31, adjacent wetlands were delineated following the procedures outlined by the U.S. Army Corps of Engineers in the Regional Supplement to flie Corps of Engineers Wetland Delineation Manual: Arid West Region (US ACOE 2008). 3.0 EXISTING CONDITIONS 3.1 LandUse The proposed project site and adjacent properties are residential. Buena Vista Lagoon, a state ecological reserve, is north of the property. Interstate Highway 5 rans parallel to the eastem boundai7 of the proposed residential site. 32 Topography The proposed project site is a series of narrow terraces sloping from approximately 85 feet AMSL on the south to approximately 25 feet AMSL on the north, over a distance of about 290 feet. The slope over the first 215 feet is approximately 9.0 percent. At the north end of the property there is a steep, nearly vertical escarpment that drops from 65 feet AMSL to 35 feet AMSL. From the toe of the escarpment to the north property line the slope is roughly 2.0 to 3.0 percent. 33 Soils Soils associated with the proposed project site (Figure 4) include: • Marina loamy coarse sand, 2.0 to 9.0 percent slopes, and • Terrace escarpments Marina series soils are somewhat excessively drained, very deep loamy sands associated with old beach ridges. Terrace Escarpment soils are found on steep to very steep slopes along the coastal plain. Generally, escarpments occur between the floodplain and adjacent uplands (USDA 1973). Habitat Assessment for the Hirschkoff Property Project 3.4 Plant Communities The SanGIS vegetation layer data set (SanGIS 2007) identifies the property as disturbed. The site visit confirmed that approximately 0.19 acre of the site is disturbed land and approximately 0.10 acre on the north end of the property is Diegan coastal sage scrab (Figure 5). Plant communities represented are shown in Table 1. Table 1 Plant Communities 2351 Jefferson Street APN 155-180-28 Carlsbad, Califomia Plant Community Acres Disturbed 0.19 Diegan coastal sage scrub 0.10 Total 0.29 Vegetation on the disturbed portion of the site consists of non-native invasives such as rip-gut brome (Bromus diandrus), wild oat (Avena fatua), Mediterranean barley (Hordeiim murinum), and ice plant (Carpobrotus edulis). The Diegan coastal sage scrub on the north end of the property primarily consists of Califomia buckwheat (Eriogonum fasciculatum) with California sagebrush (Artemisia californica), fingertips (Dudleya edulis), Califomia brittlebush (Encelia californica), and lemonadeberry (Rhus integrifolia). Ice plant has begun invading the sage scrub community. Plant species represented on the project site are listed in Table 2. Table 2 Plant Species Observed 2351 Jefferson Street APN 155-180-28 Carlsbad, Califomia Common Name Scientific Name Anacardiaceae Lemonadeberry Rhus integrifolia Asteraceae California sagebrash Artemisia californica Califomia brittlebush Encelia californica Aizoaceae Ice plant Carpobrotus edulis Crystalline iceplant Mesembryanthemum crystallinum Habitat Assessment for the Hirschkoff Properly Project Table 2 Plant Species Observed 2351 Jefferson Street APN 155-180-28 Carlsbad, California Common Name Scientific Name Slenderieaf iceplant Mesembryanthemum nodiflorum Brassicaceae Sweet alyssum Lobularia maritima Wild radish Raphanus sativus Cactaceae Indian fig Opuntia ficiis indica Capparaceae Bladderpod Peritoma arborea Crassulaceae Fingertips Dudleya edulis Fabaceae Golden wattle Acacia longifolia Plumbaginaceae Limonium Limonium sp. Poaceae Wild oat Avena fatua Rip-gut brome Bromus diandrus Bermuda grass Cynodon dactylon Salt grass Distichlis spicata Mediterranean barley Hordeum murinum Small flower melic grass Melica imperfecta Polygonaceae California buckwheat Eriogonum fasciculatum 33 Zoological Resources Wildlife observed on the proposed project site (Table 3) was representative of uplands adjacent to the lagoons in the coastal corridor. Reptiles observed included the western fence lizard and side-blotched lizard (Ufa stan.shuriana). Birds observed were predominantly songbirds, such as great tailed grackle (Quiscalus mexicanus), Anna's hummingbird (Calypte anna), westem kingbird (Tyrannus verticalis), and house finch (Haemorhous mexicanus). American crows (Corvus brachyrhynchos) and a red-tailed hawk (Buteo jamaicensis) were Habitat Assessment for the Hirschkoff Property Project observed soaring over the project site. Evidence of mammals included Botta's pocket gopher (Thomomys bottae) and California ground squirrel (Spermophilus beecheyi) burrows. Table 3 Wildlife Species Observed 2351 Jefferson Street APN 155-180-28 Carlsbad, Califomia Common Name Scientific Name Darkling beetle Eleodes sp. Side-blotched lizard Uta slansburiana Westem fence lizard Sceloporus occidentalis Anna's hummingbird Calypte anna Great-tailed grackle Quiscalus mexicanus Westem kingbird Tyrannus verticalis House finch Carpodacus mexicanus American crow Corx'us brachyrhynchos Red-tailed hawk Buteo jamaicensis Botta's pocket gopher Thomomys bottae California ground squirrel Spermophilus beecheyi 3.5.1 Nesting Birds Section 3503 of the Califomia Fish and Game Code protects the nests, eggs, and young of any bird species. A nesting bird survey must be conducted if activity will take place during the nesting/breeding season. The Migratory Bird Treaty Act makes it unlawful to pursue, hunt, take, capture, kill, or sell migratory birds. The statute does not discriminate between live or dead birds and also grants full protection to any bird parts including feathers, eggs, and nests. It will be necessary to conduct nesting bird surveys if construction (including clearing, grubbing, and grading) is to occur in nesting/breeding habitat during the general bird nesting season, from Febraary 1 through September 15. If nesting birds are encountered, it will be necessary to implement means to avoid destroying or disturbing the birds and their nests. 4.0 SENSITIVE SPECIES For the purposes of this report, sensitive species are those species covered by the City of Carlsbad HMP, including species listed under state and federal endangered species acts. The list of species covered by the provisions of the City of Carlsbad HMP was assessed to determine if Habitat Assessment for the Hirschkoff Property Project the listed species might be present on or near the proposed project site (Appendix C). Determinations regarding the probability of a species occurring on tbe site are based on: • Recorded occurrences of the species in the immediate vicinity (two-mile radius) of the property, • The presence of suitable habitat for the species, and • The quality of suitable habitat, if present. A species was determined to have high potential for occurrence if there are recorded occurrences within 2.0 miles of the project site and suitable habitat of good quality is present on the site. A species was determined to have moderate potential for occurtence if there are no recorded occurrences within 2.0 miles, but suitable habitat of reasonable quahty is present. A species was determined to have low potential for occurrence if there are no recorded occurrences within 2.0 miles and habitat is fragmented or of low quality. A species was considered to have no potential to occur on the site if there are no recorded occiurences within 2.0 miles and suitable habitat is not present. Three sensitive species were determined to be have potential to be present on the proposed project site: • Orcutt's spineflower (Chorizanthe orcuttiana) • Orange-throated whiptail lizard {Cnemidophorus hyperythrus beldingi) • Coastal Califomia gnatcatcher (Polioptila californica californica) 4.1 Orcutt's Spineflower (Chorizanthe orcuttiana) Orcutt's spineflower is listed as endangered by the U.S. Fish and Wildlife Service and the CaUfomia Department of Fish and Wildlife. The California Native Plant Society lists Orcutt's spineflower as seriously endangered in Califomia. This species occurs in coastal chaparral and sage scrub with a loose sandy substrate (CNPS 2013). Suitable habitat for Orcutt's spineflower is present in the sage scrab on the proposed project site. There are no recorded occurrences of this species within 2.0 miles of the proposed project site. This species was searched for but not encountered during site visits. Orcutt's spineflower is not likely to be present, but if disturbance of sage scrab habitat is planned»a search of the site should be made during the flowering season for this species, from March through May. 42 Orange-Throated Whiptail (Cnemidophorus hyperythrus beldingi} The orange-throated whiptail is a State of Califomia Species of Special Concem (SSC)'. The orange-throated whiptail has not been listed by the U.S. Fish and Wildlife Service. The ^ A SSC is a species, subspecies, or distinct population of plants or animals (fish, amphibians, reptiles, birds, and mammals) native to Califomia that currently satisfies one or more of the following (not necessarily mutually Habitat Assessment for the Hirschkoff Property Project orange-throated whiptail is foimd in brashy areas with loose soils and rocks particularly in washes, along streamsides and on rocky hillsides. Suitable habitat for this species is present in the coastal sage scrab on the north end of the project site. There are no recorded occurrences of this species within two miles of the project site. There is low to moderate potential for this species to be present on the project site. The orange-throated whiptail, however, is considered adequately conserved by the provisions ofthe MSHCP. 4.3 Coastal California Gnatcatcher {Polioptila californica californica) The coastal Califomia gnatcatcher is listed as endangered by the U.S. Fish and Wildlife Service and is a State SSC. The coastal Califomia gnatcatcher is covered by provisions of the MSHCP. The coastal Califomia gnatcatcher is a small, non-migratory songbird that is found almost exclusively in coastal sage scrab. Suitable habitat for this species is foimd in the coastal sage scrab commimity on the project site. There are numerous recorded occurrences of this species within two miles of the project site. There is high potential for this species to be present on the property. Coastal sage scrab on the project site should not be disturbed during the breeding season for this species, from Febraary 15 through August 31, unless a focused protocol survey for the species is conducted by a qualified biologist holding an Endangered Species Act Section 10(A) 1(a) recovery permit. If the coastal Califomia gnatcatcher is present, no disturbance of suitable habitat shall occur during the breeding season for this species. 5.0 DESIGNATED CRITICAL HABITAT Critical habitat is a habitat area essential to the conservation of a listed species, though the area need not actually be occupied by the species at the time it is designated. This is a spe^^ific term and designation within the U.S. Endangered! Species Act. With certain exceptions, critical habitat must be designated for all threatened species and endangered species imder the Endangered Species Act, with certain specified exceptions. Based on maps obtained through the U.S. Fish and Wildlife Service Critical Habitat Portal (USFWS 2013), the proposed project site is not within or adjacent to designated critical habitat. exclusive) criteria: is extirpated from the State or, in the case of birds, in its primaiy seasonal or breeding role, is listed as Federally-, but not State-, threatened or endangered, meets the State definition of threatened or endangered but has not formally been Ksted, is experiencing, or formerly experienced, serious (noncycHcal) population declines or range retractions (not reversed) that, if continued or resumed, could quality it tor State threatened or endangered status, has naturally small populations exhibiting high susceptibility to risk fi-om any factor(s), that if realized, could lead to declines that would qualify it for State threatened or endangered status (CDFW 2013). Habitat Assessment for the Hirschkoff Property Projea 6.0 WETLANDS Wetlands are generally considered those areas that meet one or more of the following wetland criteria: • Hydrophytic vegetation is dominant, • Wetland hydrology is present, or • Hydric soils are present. The U.S. Army Corps of Engineers requires that all three criteria be met. The Califomia Department of Fish and Wildlife requires that only one criterion be met. The MSHCP requires that all projects that may affect wetland vegetation communities must comply with applicable state and federal regulations including the Clean Water Act, the Califomia Fish and Game Code, and the Porter-Cologne Act. The proposed project site was examined for the presence of wetland criteria. The proposed project site does not support wetlands. The shoreline of Buena Vista Lagoon is approximately 80 feet north of the northem boundary of the property. The City of Carlsbad requires protective buffers around riparian/wetland areas. The Guidelines for Riparian and Wetland Buffers (City of Carlsbad 2010) states: Within the Coastal Zone, protective buffers shall be a minimum of 50 feet in width surrounding riparian habitats and 100 feet in width surrotinding jurisdictional wetlands. Pursuant to Condition 7-11 ofthe HMP, the protective buffer for wetlands and riparian areas possessing an unvegetated bank or steep slope (>25%) shall be measured from the top of the bank or steep slope rather than the edge of habitat, unless there is at least 50 feet between the riparian or wetland area and the top of the slope. If the top of the slope is less than 50 feet from the wetland or riparian area, the buffer shall be measured from the top of the slope. Routine wetland delineation was conducted along the shoreline of Buena Vista Lagoon to determine the extent of wetlands adjacent to the property. The delineation determined that the boundary of the jurisdictional wetland adjacent to the property is approximately 14 feet AMSL and 80 to 100 feet from the top of the slope at the north end of the property. The 100-foot wetland buffer would extend into the west comer ofthe parcel (Figure 6). • < Habitat Assessment for the Hirschkoff Property Project 7.0 VERNAL POOLS Vemal pools are seasonal wetlands that occur in low-laying depressions with an impermeable or slowly permeable substrate. Vemal pools demonstrate all three wetland criteria (wetland hydrology, hydric soils, and hydrophytic vegetation) during the rainy season, but may lack one or more of these indicators during the dry season. Vemal pools are considered sensitive habitats and many of the species associated with vemal pools have been listed under state and federal endangered species acts. Critical habitat has been designated for vemal pool species. Evidence of vemal pools was not eiKountered during the site visit. Vernal pools and vemal pool species are not present on the proposed project site. 8.0 NON-WETLAND JURISDICTIONAL WATERS Non-wetland jurisdictional waters include tidal and non-tidal waters of the United States and the state of Califomia. Waters of the United States include traditional navigable waters, wetlands adjacent to traditional navigable waters, non-navigable tributaries of fraditional navigable waters that are relatively pennanent (where the tributaries typically flow year-round or have at least seasonal continuous flow), and wetlands that are immediately adjacent to such tributaries. Waters of the state are defined more broadly than waters of the United States, and are interpreted to include "any surface water or groundwater... within the boundaries of the state." This is constraed to include all waters of the state, whether private or public in natural, and artificial channels. Waters of the state and the United States are not present on the proposed project site. 9.0 ADJACENCY STANDARDS The City of Carlsbad has established adjacency standards for those areas where conserved habitat areas are adjacent to development. These standards address: • Fire management, • Erosion confrol, • Landscaping restrictions, • Fencing, signs and lighting, and • Predator and exotic species control. 10 Habitat Assessment for the Hirschkoff Property Project 9.1 Fire Management WTiere developed areas are adjacent to preserve areas, fuel management zones may extend into the preserve area. Where new development is planned, fuel (brash) management will be contained within development boundaries and shall not extend into preserve areas. 92 Erosion Control In order to prevent or minimize erosion and its impact on biological resources, the City of Carlsbad HMP requires that developers identify and prioritize areas for erosion control, which includes developing erosion control plans and addressing slope stabilization and surface drainage. No new surface drainage shall be allowed to enter preserve areas and irrigation ranoff shall be contained on the project site and directed to storm drains. 93 Landscaping Restrictions Non-native invasive species shall not be used in landscaping; this includes container stock and seed stock. Non-native species will need to be eradicated and re-vegetated with native species appropriate to the site. Irrigation shall be managed to prevent ranoff into preserve areas. Irrigation runoff will be contained on the project site and diverted to storm drains. There should be a minimal use of fertilizers and pesticides. Container stock or seed acquired from outside the project area shall not be used {i.e., San Diego Coastal Zone). Cultivars^ of native vegetation shall not be used for revegetation, particularly those from offshore islands in northem and central Califomia. 9 A Fences, Signs, and Lighting Fencing should be used (where appropriate) to direct human activity away from sensitive areas. If appropriate, signs may be used to inform or provide direction. Lighting should be directed down and away from preserve areas. Low-pressure sodium lighting should be used. 95 Predator and Exotic Species Control Fencing should be used to keep domestic pets out of sensitive areas. Species listed in Table 12 of the City of Carlsbad HMP should not be used in landscape palettes. ^ Cuhivar - a plant that has been developed by breeding and has been given a designated name, for example Leymus triticoides "Gray Dawn" OT Adenostoma fasciculatum "Black Diamond." 11 Habitat Assessment for the Hirschkoff Property Project 10.0 POTENTIAL EFFECTS OF THE PROPOSED ACTION This analysis is based upon conceptual plans prepared on September 11, 2013. These pians do not address brash management. 10.1 Plant Communities The disturbed portion of the property would be converted to urban/developed land. The Diegan coastal sage scrub on the north end of the property would not be directly or indirectly affected by the proposed project (Figure 7 and Table 4). Table 4 Plant Communities Affected 2351 Jefferson Street APN 155-180-28 Carlsbad, Califbmia Plant Conmiunity Acres Affected Remaining Disturbed 0.19 0.19 - Diegan coastal sage scrub 0.10 -0.10 Total 0.29 0.19 0.10 10.2 Nesting Birds Suitable nesting habitat for nesting birds is present on the proposed project site. If clearing, grabbing, and grading are scheduled to occur during the general bird nesting season, from Febraar}' 1 through September 15, then these ground-nesting bird species may be adversely affected. 103 Sensitive Species Two sensitive species, the coastal Califomia gnatcatcher and Orcutt's spineflower. may be present on or adjacent to the proposed project site. The coastal Califomia gnatcatcher may nest in the sage scrub on and adjacent to the property. If disturbance is scheduled to occur during the nesting season for this species, from Febraar>' 15 through August 31, then appropriate avoidance measures shall be taken. Although not detected during site visits, Orcutt's spineflower may be present. If disturbance of sage scrub habitat is planned, a search of the site should be made during the flowering season for this species, from March through May. 10.4 Designated Critical Habitat The proposed project site is not within or near designated critical habitat for any listed species. 12 Habitat Assessment for the Hirschkoff Property Project 10.5 Wetlands Wetlands are not present on the proposed project site. The project site is adjacent to Buena Vista Lagoon and a 100-foot wetland buffer shall be established, as required by the City of Carlsbad (see Section 6.0 of this report) 10.6 Vernal Pools Vemal pools are not present on or adjacent to the proposed project site. Vemal pools would not be affected by the proposed action. 10.7 Non-Wetland Jurisdictional Waters Non-wetland jurisdictional waters are not present on the proposed project site. Non- wetland jurisdictional waters would not be affected by the proposed action. 10.8 Adjacency Standards The proposed project site is adjacent to Buena Vista Lagoon, a sensitive preserve area. Adjacency standards (see Section 9.0 of this report) shall be followed to avoid adverse impacts to Buena Vista Lagoon. 11.0 PROPOSED AVOIDANCE, MITIGATION, AND MINIMIZATION If the following avoidance, mitigation, and minimization recommendations are followed, the proposed action will not significantly affect sensitive biological resources. 11.1 Plant Communities Diegan coastal sage scrab, a sensitive plant community, is present on the proposed project site. The conceptual design would not affect Diegan coastal sage scrab; however, the design does not include brash management zones. Any disturbance of sage scrab will require mitigation at a 1:1 ratio. If coastal Califomia gnatcatchers are present, mitigation will be 2:1. 11.2 Nesting Birds Nesting birds are protected by the Migratory Bnd Treaty Act and the Califomia Fish and Game Code. Suitable nesting habitat for ground nesting birds, such as westem meadow lark, homed lark, killdeer, and mourning dove, is present on the proposed project site. If clearing, grabbing, and grading are scheduled to occur during the general bird nesting season, from February 1 through September 15, these ground nesting bird species may be adversely affected. Avoidance measures may be required if nesting birds are present on the proposed project site. No more than three days prior to the disturbance of vegetation on the project site, a qualified biologist shall conduct a nesting bird survey. If nesting birds are found or suspected, a buffer 13 Habitat Assessment for the Hirschkoff Property Project shall be established around each known or suspected site^. No disturbance shall occur within the buffer until the qualified biologist has determined that the young birds have fledged or the nest is no longer active. 113 Sensitive Species There is potential for coastal Califomia gnatcatchers, a threatened species, to be present in the sage scrab on the north end of the property. Disturbance of sage scrab shall not be permitted between Febraary 15 and August 31 unless presence/absence surveys conducted by a qualified biologist establish that gnatcatchers are not present. Project-related construction noise may adversely affect nesting gnatcatchers if construction occurs during the gnatcatcher nesting season. Presence/absence surveys shall be conducted by a quaUfied biologist processing a current Section 10(a), 1(a) Recovery Permit authorizing the permittee to conduct these surveys. If gnatcatchers are detected within 300 feet of the limits of disturbance, work may not proceed until a noise assessment has been completed and appropriate noise attenuation and monitoring measures have been prepared. The City of Carlsbad shall approve these measures prior to then- implementation. Monitoring shall continue throughout the nesting season. Orcutt's spineflower, an endangered species, has the potential to be present along the bluff and in the sage scrab on the northwest side of the property. Prior to removal of vegetation, a focused search shaU be made for Orcutt's spineflower during the March through May flowering season. If Orcutt's spineflower is determined to be present, the wildlife management agencies shall be consulted to determine disposition. 11.4 Adjacency Standards The proposed project site is adjacent to Buena Vista Lagoon, which is a sensitive preserve area. Adjacency standards (see Section 9.0 of this report) shall be followed to avoid adverse impacts to Buena Vista Lagoon. 11.4.1 Fire Management Where developed areas are adjacent to preserve areas, fuel management zones may extend into the preserve area. Where new development is planned, fuel (brash) management will be contained within development boundaries and shall not extend into preserve areas. 11.4.2 Erosirm Control In order to prevent or minimize erosion and its impact on biological resources, the City of Carlsbad HMP requires that developers identify and prioritize areas for erosion confrol, which includes developing erosion control plans and addressing slope stabilization and surface ' The size of the buffer varies by species. The appropriate buffer will be determined by the qualified biologist. 14 Habitat Assessment for the Hirschkoff Property Project drainage. No new surface drainage shall be allowed to enter preserve areas and irrigation ranoff shall be contained on the project site and directed to storm drains. 11.4.3 Landscaping Restrictions Non-native invasive species shall not be used in landscaping; this includes container stock and seed stock. Non-native species will need to be eradicated and revegetated with native species appropriate to the site. Irrigation shall be managed to prevent ranoff into preserve areas. Irrigation ranoff will be contained on the project site and diverted to storm drains. There should be minimal use of fertilizers and pesticides. Container stock or seed acquired from outside the project area shall not be used {i.e., San Diego Coastal Zone). Cultivars* of native vegetation shall not be used for vegetation, particularly those from offshore islands in northem and central Califomia. 11.4.4 Fences, Signs, and Lighting Fencing should be used (where appropriate) to direct human activity away from sensitive areas. If appropriate, signs may be used to inform or provide direction. Lighting should be directed down and away from preserve areas. Low-pressure sodium Ughting should be used. 11.4.5 Predator and Exotic Species Control Fencing should be used to keep domestic pets out of sensitive areas. Species listed in Table 12 of the City of Carlsbad HMP should not be used in landscape palettes. 12.0 REPORT PREPARATION The following persons participated in the preparation of this report: • Laurence N. Dean, Senior Wildlife Ecologist • Elena Buckley, Editing • Tracy Stropes, Graphics * Cultivar - a plant tbat has been developed by breeding and has been given a designated name such as Leymus triticoides, "Gray Dawn," or Adenostoma fasciculatum, "Black Diamond." 15 Habitat Assessment for the Hirschkoff Property Project 13.0 CERTIFICATION I hereby certify that the statements fumished above and in the attached exhibits present the data and information required for this biological evaluation, and that the facts, statements, and information presented are trae and correct to the best of my knowledge and belief. Fieldwork conducted for this assessment was performed by me or under my direct supervision. I certify that I have not signed a non-disclosure or consultant confidentiality agreement with the project applicant or applicant's representative and that I have no financial interest in the project. Z__ DATE: June 11.2014 Laurence N. Dean Senior Wildlife Ecologist 14.0 REFERENCES City of Carlsbad 2004 Habitat Management Plan for Natural Communities in the City of Carlsbad. City of Carlsbad, Califomia. City of Carisbad 2010 "Guidelines for Wetland and Riparian Buffers" City of Carlsbad Planning Department, Carlsbad, Califomia. CNPS 2013 CaUfomia Native Plant Society On-Line Rare Plant Inventory. http://cnps .web .aplus .net/cgi-bin/inv/inventory .cgi. CDFG 2013a CaUfomia Natural Diversity Data Base, ArcGIS 9.x. Califomia Department of Fish and Game, Wildlife and Habitat Data Analysis Branch, Sacramento, Califomia. CDFG 2013c Rarefind 4. Califomia Department of Fish and Game, Wildlife and Habitat Data Analysis Branch, Sacramento, Califomia. CDFW 2013 Species of Special Concem. Califomia Department of Fish and Wildlife. http://www.dfg.ca.gov/wildlife/nongame/ssc/. NRCS 2013 National Hydric Soils List by State. Natural Resource Conservation Service. ftp://ftp-fc.sc.egov.usda.gov/NSSC/Hydric_Soils/Lists/ca.xls. SanGIS 2008 SanGIS Layer Data Sheet, Vegetation. http://sdgis .sandag .org/. 16 Habitat Assessment for the Hirschkoff Property Project US ACOE 2008 Regional Supplement to the Corps ofEngineers Wetland Delineation Manual: Arid West Region (Version 2.0). U.S. Army Engineer Research and Development Center, Vicksburg, Mississippi. USDA 1973 SoU Survey San Diego Area, Califomia. United States Department of Agriculture, Washington D.C. USFWS 2013 Wetlands Geodatabase, U.S. Fish and WildUfe Service, Division of Habitat and Resource Conservation. http://wetlandsfws.er .usgs.gov/imf/imf.jsp?site=NWI_CONUS. WSS 2013 Natural Resource Conservation Service, Web Soils Survey. http://websoilsurvey .nrcs .usda.gov/app/W ebSoilSurvey .aspx. 17 Habitat Assessment forthe Hirschkoff Property Project APPENDIX A Qualifications of Key Personnel Laurence N, Dean, E>5 Senior Biologist 5rian r. Smith and Associates, Inc. l+OlO Poway Road • Suite A • Phone: (855) 6/9-8118 • rax: (.8^8) 679-9896 • C-Mail: [dcan8bfsa-ca.com Ed ucation Graduate Studies, Zoology/Wildlife Biology, Humboldt State University, California Bachelor of Science, Wildlife Biology, Humboldt State University, California 1968-1972 1968 Specialized Education/Training San Diego Country Sensitive Butterfyly Workshop Introduction to the Fair/ Shrimp, Tadpole Shrinnp. and Clam Shrimp: Their Ecology, Biology, and Assessing Their Habitat Field Short Course: Introduction to the Fair/ Shrimp, Tadpole Shrimp, and Clam Shrimp: Their Ecology, Biology, and Assessing Their Habitat Desert Tortoise Monitoring and Handling Workshop, Ridgecrest, California Wetlands Identification and Delineation, Wetlands Training Institute Habitat Suitability Index Modeling, USFWS Habitat Evaluation Procesudres, USFWS Experience Senior Biologist Brian F. Smith and Associates, Inc. July 2005-Present Poway. California Senior Scientist Engineering-Environmental jyAanagement September 2003-February 2005 Irvine, California Senior Scientist Anteon Corporation July 2001-June 2003 Oceanside, California Project Biologist Dean Syan Consultants and Designers November 1999'-June 2001 Carlsbad, California Senior Scientist, Lead, Life Sciences Group Macko Inc. June 199a-Augustl997 Santa Ana, California 5rian T. Smitli and Associates, Inc. 2 Refuge Manager, AAid-Columbia {Rational WUdlife Refuge, OR/WA 1972-1986 Refuge Manager, Saifon Sea National Wildlife Refuge, CA Refuge Manager, (Assistant), Havasu National Wildlife Refuge, CA/AZ Refuge Manager (Assistant), Great Swamp National Wildlife Refuge, NJ U.S. Fish and Wildlife Service, Division of Wildlife Refuges Wildlife Biologist 1971-1972 U.S. Fish and Wildlife Service, Division of Ecological Services , California Teaching Assistant, Wildlife Diseases 1968-1972 Humboldt State University, California Humboldt, California Park Ranger (seasonal) 1966-1969 U.S. National Park Service Point Reyes National Seashore, California Projects Mr. Dean has completed numerous projects, including wetland delineations and verifications, habitat restorations and enhancements, biological monitoring, biological/habitat assessments, and focused sun/eys. A sample of these projects is provided below. North Hotel Circle-Ocean Beach Bikeway: Senior biologist, biological monitoring for least Bell's vireo, San Diego, California. Carmel Valley Road Enhancements: Senior biologist, biological nnonitoring for Belding's savanna sparrow and light-footed clapper rail, Del Mar, California. Covert Canyon MUP: Senior biologist, wetiand delineation, restoration plan, botanical survey. San Diego County, California. Broadway Recycling Center: Senior biologist, habitat assessment, Chula Vista, California. Citrus Business Park: Senior biologist, habitat assessment, buaowing owl focused surveys, restoration plan. Riverside, California. Fairmont Park. Senior biologist, habitat assessment. Riverside, California. Hayes Street Pipeline: Senior biologist, habitat assessment, Murrieta, California. 518 Otseao Drive: Senior biologist, conducted a biological assessment of the referenced property to determine the impact of the expansion of existing structures, San Diego, California. Camino Ruiz Neighborhood Park: Senior biologist, biological monitoring, supervised placement of construction banriers, assessed impacts to area outside the limits of construction and supervised restoration of disturbed areas, San Diego, California. Brian T. Smith and Associates, inc. 5 Casa Verde Project: Senior biologist, conducted a habitat assessment, estimated potential affects, and provided recommendations for avoidance or minimization. University Heights, California. Sorrento Valley Trunk Line and Pump Station 89: Senior biologist, endangered species surveys, responsible for presence/absence surveys for the southwest willow flycatcher, least Bell's vireo, and coastal California gnatcatcher on or adjacent to the project site and provided recommendations to minimize project impacts on the noted species, San Diego, California. Sorrento Valley Trunk Line and Pump Station 89: Senior biologist, habitat restoration, biological monitoring of the limits of construction to ensure thot the project did not intrude into sensitive habitat areas, San Diego, California. Son-ento Valley Trunk Line and Pump Station 89: Senior biologist, provided noise monitoring to determine if populations of southwest willow flycatcher, least Bell's vireo, and coastal California gnatcatcher adjacent to the project site were adversely affected by projected related noise, San Diego, California. Carmel Valley Road Enhancements Proiect: Senior biologist, responsible for presence/absence surveys for Belding's savannah sparrow, light-footed clapper rail, and coastal California gnatcatcher adjacent to the project, Del Mar, California. Carmel Valley Road Enhancements Project: Senior biologist, biological monitoring of the limits of construction to ensure that the project did not intrude into sensitive habitat areas, Del Mar, Catifornia. Carmel Valley Road Enhancements Project: Senior biologist, provided noise monitoring to determine if populations of Belding's savannah sparrow and light-footed clapper rail adjacent to the project site were adversely affected by projected related noise, Del Mar, California. Carmel Valley Road Enhancements Project: Senior biologist, responsible for wetland restoration of saltmarsh areas identified in permits from the California Coastal Commission, California Department of Fish and Game, and U.S. Army Corps of Engineers, Del Mar, California. Otay Valley Regional Parks, Beyer Blvd Staging Area: Senior biologist, light-footed clapper rail sur/ey, responsible for presence/absence surveys for adjacent to the Beyer Blvd Staging area and new trail construction, Chula Vista, California. Otay Valley Regional Parks, Beyer Blvd Staging Area: Senior biologist, biological monitoring of the limits of construction to ensure that the project did not intrude into sensitive habitat, Chula Vista, California. Otay Valley Regional Parks, Beyer Blvd Staging Area: Senior biologist, supervised wetland restoration and conducted required monitoring in support of restoration, Chula Vista, California. Otay Valley Regional Parks, Beyer Blvd Staging Area: Senior biologist, supervised coastal sage scrub restoration and conducted required monitoring in support of restoration, Chula Vista, California. Natural Communities Conservation Plan (NCCP) Compliance: Senior biologist, supervised and participated in field assessments and preparation of pre-activity site reports for maintenance activities conducted by Sempra Utilities in compliance with the NCCP. Wing Infrastructure Development Outlook (WINDO) Wetland Sur/ey and Delineation: Senior biologist, supervised and participated in wetland identification, delineation, and mapping, Beale Air Force Base (AFB), Catifornia. Anti-Terrorism/Force Protection Upgrades for Beale AFB, California: Senior biologist, assessment of direct and indirect impacts to biological resources as a result of the proposed construction of 37 miles of Brian T. Smith and Associates, Inc. 4 woven steei fence and four major access points and oversight of wetiand identification and delineation of vernal pools ond other seasonal wetlands. Beat AFB, California. California Ground Squirrel Control, March Air Reserve Base (ARB), Riverside, California: Senior biologist, conducted pre- and post-treatment surveys of California ground squirrels and western bun-owing owls to determine the impact of fumigation with phosgene gas as a ground squirrel control measure, supen/ised pesticide applicators, March ARB, Riverside, California. Colifomio Ground Squin-el Control, March ARB, Riverside, California: Senior biologist, preparation of an environmental assessment that addressed direct and indirect impacts on vernal pools, their associated endangered species and the westem burrowing ovA (Species of Concern), March ARB, Riverside, California. Communication Towers and Access Roads, BLM Needles Field Office: Task lead, construction and reclamation monitoring of access road and cell tower pad, monitored compliance with reclamation requirements imposed on the contractor by the Needles Field Office, Bureau of Land Management, performed searches for plant species of concem along the right-of-way, relocating as needed, and assisted with desert tortoise monitoring. Death VaHev Junction Woter/Plant Studv: Task lead, population surveys for federally listed Amargoso niterwort and Ash Meadows gumplant, determination of plant water pressures and identification of isotopic signatures of oxygen and hydrogen in an attempt to determine source of water used by the above species, Death Valley, California. Sensitive Species Sjjryeys: Task lead, population surveys for Mojave fringe-toed lizard, Mojave ground squirreL desert tortoise, nesting raptor surveys, and vegetation surveys in the BLM Barstow Field Office area, MCAS Miramar: NEPA manager, EA, combat engineer training range, and project manger for the preparation of an environmental assessment for the devetopment of a combat engineer training facility. Effort addressed threatened and endangered species, vernal pools, and wetlands delineation, San Diego, California. EIS for the Disposal and Reuse of Naval Station Treasure Island: NEPA manager with oversight of the preparation of EIS, Section 106 NHPA compliance, developed Memorandum of Agreement between Navy, Advisor/ Council on Historic Preservation and State Historic Preservation Officer, with City of Son Francisco and Treasure Island Development Authority as invited signatories, San Francisco, California. EIS/EIR for fhe Disposal and Reuse of Fleet industrial Supply Center, Naval Fuel Depot, Point Molate: NEPA manoger with oversight of the preparation of joint EIS/EIR, Section 106 NHPA compliance, developed Memorandum of Agreement between Navy, Advisor/ Council on Historic Presen/ation and State Historic Preservation Officer, prepared ROD. Marine Corps Base (MCB) Camp Pendleton, Marine Corps Air Station (MCAS), Camp Pendleton: Senior biologist, designed and implemented field surveys for biological resources, prepared NEPA documents and other environmental reports, conducted reconnaissance surveys for endangered species and perfonned wetlands identification and delineation. Camp Pendleton, California. U.S. Deportment of Transportation, Federol Highwav Administration: Senior biologist, NEPA ond other environmental documentation, project manager, conducted environmental surveys, wetlands delineations, and prepared BA and endangered species status reports. Natural Resources Management Plan, Los Alamos National Laboratory: Project manager/senior biologist, compiled regulator/ drivers pertaining to natural resource management at Department of Brian T. Smith and Associates, Inc. ^ Energy facilities, developed a natural resources management plan for Los Alamos National Laboratory based on these drivers, and conducted field reconnaissance of facility and resources, Los Alamos, New Mexico. C-17A Aircraft Deployment and Bed-down EIS, National Guard Bureau: Senior biologist, conducted literature searches, field surveys, and prepared biological resource sections of EIS; proposed action Habitat Assessment forthe Hirschkoff Property Project APPENDIX B Project Figures T7^ ^^'Otcfre Creek e II :a!::at\fafj^ritc Fiver [Fallbrook Lake OnetU p Pen Jeton MCAS FozzfMke [hizLrical]^ l^'indmiiliake r' 7 >San Ws Rey Oceat^skJe Mum Project .5 miles Figure 1 Project Locale 2351 Jefferson Street APN 155-180-28 Carlsbad, Califomia M £ MO RIAL.'-. , MCHOR T -^•fe-, OCEANSIDE- \rt-^/ } MfStjIiiil ••condidox / / ; 4unctlo,n^ \ ' c South Oceanside ' \ OCtXSSIOK _^ MagecV. ^< Figure 2 Project Location 2351 Jefferson Street APN 155-180-28 Carlsbad, Califomia Figure 3 Site Plan 2351 Jefferson Street APN 155-180-28 Carlsbad, Califomia Figure 4 Soils 2351 Jefferson Street APN 155-180-28 Carlsbad, Califomia Figure 5 Plant Communities 2351 Jefferson Street APN 155-180-28 Carlsbad, Califomia Figure 6 Proposed Wetland Buffer 2351 Jefferson Street APN 155-180-28 Carlsbad, Califomia i / Limils of Disturbance j Parcel Boundafy Disturbed Land IOO.F00I Selbacli From Wetland Olagan Coastal Sage Scrub II Figure 7 Potential Adverse Effects 2351 Jefferson Street APN 155-180-28 Carlsbad, Califomia Habitat Assessment for ttte Hirschkoff Property Project APPENDIX C Project-Specific Annotated List of Species Proposed for Coverage Under the Carlsbad Subarea Ran APPENDIX C Project-Specific Aimotated List of Species Proposed for Coverage Under the Carlsbad Subarea Plan 2351 Jefferson Street APN 155-180-28 Carlsbad, Califomia Scientific Name Common Name Status Habitat Probability to Occur on Project Site Plants Cfiorizantfie orcuttiana Orcutt's spineflower FE/CE/NE Chaparral, coastal scrub, and closed cone coniferous forest. IVIoderate probability to occur on the proposed project site. Suitable habitat present in coastal scrub. There are no recorded occurrences within two miles of the proposed project site. This species was not observed during site visits. Dudleya blocltmaniae ssp. blochmaniae Blochmail's dudleya FSC Diegan coastal sage scrub near coast. Not present. Suitable habitat present in coastal scrub; however, there are no records of this species in the vicinity and Blochman's dudleya was not observed during site visits. m Eupiiorbia misera Cliff spurge None Sea bluffs and coastal sage scrub. Not present. Suitable habitat present in coastal scrub and oft bluff on the project site. There are no recorded occurrences within two miles and cliff spurge was not observed during site visits. Hazardia orcuttii Orcutt's hazardia FSC/CT/NE Open chamise chaparral. Not present. Suitable habitat not present. There are no recorded occurrences within two miles. Orcutt's hazardia was not observed during site visits. Quercus dumosa NuttaU's scrub oak FSC Common in sage scrub along coast. Not present. Suitable habitat is present in coastal scrub. NuttaU's scrub oak was searched for and was not observed. Invertebrates Panoquina panoquin Salt marsh skipper FSC/OW Salt marshes. Not likely to be present. Suitable habitat not present on the proposed project site. There are Ho recorded occurrences within two miles. The salt marsh skipper was not observed during site visits. Euphyes vestris harbtoni • Harbison's dun skipper FSC/NE Meadows, seeps, edges of wetlands, and along streams. Not likely to be present. Suitable habitat not present on the proposed project site. There are no recorded occurrences within two miles. The Harbison's dun skipper was not observed during site visits. Reptiles Cnemidophorus hyperythrus beidingi Orange-throated whiptail SSC Semi-arid brushy areas with loose soil and rocks. Low probability of occurring on project site. Marginally suitable habitat is present in the coastal scmb on the proposed project site. No recorded occurrences within two miles Species not observed dtiring site visits. Birds Pelicanus occidentalis Califomia brown pelican FE/CE/FP/OW This is a marine species that perches and roosts on off-shore rocks, pilings, and islands, and at the mouths of bays and estoaries. Nesting sites are usually on off- shore rocks and islands. Not present. Suitable roosting and ilesting habitat sare not present on the proposed project site. Califomia brown pelicans may occasionally fly over the project site but are not likely to occur there. This species not observed during site visits. Plegadis chihi White-faced ibis FSC/SSC/OW Colonial nesting wading bird found in marshes; nests and roosts in bushes and low trees. Not present. Suitable resting, roosting, and nesting habitat are not present on the proposed project site. White-faced ibises may occasionally fly over the project site but are not likely to occur there. This species not observed during site visits. Accipiter cooperii Cooper's hawk SSC Closely linked with oak woodlands but has adapted to a variety of habitats such as eucalypms woodlands and wooded parks. Not present. Suitable habitat is not present on the proposed project site. Cooper's hawks may occasionally fly over the project site but are not likely to occur there. Tliis species not observed during site visits. Pandion haliaetus • Osprey SSC/OW Occur around salt marsh, esmaries, rivers ponds, and lakes. Builds large distinctive nests in the tops of trees and on power poles. Nests have also been constmcted on duck blinds. Not present. Ospreys may occasionally occur along the shoreline of adjacent Buena Vista Lagoon but would not occur on the proposed project site. This species was not observed during site visits. Falco peregrinus anatum American peregrine falcon CE/FP Occur around salt marsh, esmaries, rivers ponds, and lakes. Nest on tall stmctures, cliffsn and rock outcrops Not present. Peregrine falcons may occasionally be seen hunting along the shoreline of Buena Vista Lagoon. Suitable habitat for this species is not present on the proposed project site. There are no recorded occurrences within five miles of the project site. The peregrine falcon was not observed during site visits. Rallus longirostris levipes • Light-footed clapper rail FE/CE/FP/OW Found in dense vegetation in sal't and freshwater marshes. Not present. This species is restricted to marsh habitats. Light-footed clapper rails have been reported in the nearby Buena Vista Lagoon; however, suitable habitat is not present on the proposed project site. Charadrius alexandrinus nivosus Westem snowy plover FT/SSC/OW Coastal beaches. Not present. This species is limited to coastal beaches. Suitable habitat not present on the proposed project site. Westem snowy plovers have been reported in nearby the Buena Vista Lagoon. Thalasseus (Sterna) elegans Elegant tem FSC/SSC/OW Shallow water bays and estuaries. Nests along coast. Not present. Tbis species is an open water obligate species. It has been observed foraging in Buena Vista Lagoon but would not occur on the proposed project site. Sternula antillarum ssp. browni Califomia least tem FE/CE/FP Nests along the coast from San Francisco Not present. Bay south to northem Baja Califomia. Site lacks suitable habitat. One recorded occurrence within two miles; however, this species is limited to sandy beaches and would not be present on the proposed project site. Empidonax trailii extimus • Southwestem wilfow flycatcher FE/CE/OW Breeds in densely shrabby areas over standing or mnning water. Not present. Suitable breeding habitat is not present on the proposed project site. There is one recorded occurrence 1.2 miles NE of the property. This species is limited to dense riparian habitat and would not occur on the project site Vireo bellii ssp. pusillus Least Bell's vireo FE/CE/OW Riverine riparian habitats with dense cover within one to two meters of the ground and a dense, stratified canopy. Not present. Suitable breeding habitat is not present on the proposed project site. There is one recorded occurrence 1.6 miles NE of the property. This species is limited to dense riparian habitat and would not occur on the project site. Polioptila californica califomica Coastal Califomia gnatcatcher FT/SSC Sage scmb obligate. High probability for this species to occur on or adjacent to the proposed project site. Suitable habitat present in the sage scmb on the north end of the property. There are numerous occurrences within two miles. • Icteria virens Yellow-breasted chat SSC/OW Dense shmbby growth in riparian areas. Not likely to be present. Site lacks suitable habitat. There is one recorded occurrence 1.6 miles east of the property. Species was not observed during site visits. Aimophila ruficeps canescens Califomia rafous-crowned sparrow FSC/SSC Open, rocky sage scmb and chaparral. Not likely to be present. Site lacks suitable habitat. No recorded occiurences within two miles. Species was not observed during site visits. Passerculus sandwichensis beldingi Belding's Savannah sparrow FSC/CE/OW Coastal salt marsh. Not likely to be present. Site lacks suitable habitat. Belding's Savannah sparrow has been reported in the salt marshes of Buena Vista Lagoon. This species is restricted to salt marshes and would not occur on the proposed project site. ^^Passerculus sandwichensis rostratus Large-billed Savannah sparrow FSC/SSC/OW Open, low salt marsh vegetation. Not likely to be present. Site lacks suitable habitat. The large-billed Savannah sparrow has not been reported in the area. Thiis species is restricted to salt marshes and would not occur on the proposed project site. Species Coverage Contingent On Other MSHCP Subarea Plans Being Permitted Acanthomintha ilicifolia San Diego thommint FT/CE/NE Grassy openings in chaparral or sage scrab with friable or broken clay soils. Not present. Restricted to vemal pools, site lacks suitable habitat. No recorded occurrences within two miles. Species not observed during site visits. Ambrosia pumila San Diego ambrosia FE/NE Creek beds, seasonally dry drainages, and floodplains usually on the periphery of willow woodland. Not present. Site lacks suitable habitat. No recorded occurrences within two miles. Species not observed during site visits. m Ceanothus verrucosus Wart-stem lilac FSC Chamise chaparral. Not present. Site lacks suitable habitat. No recorded occurrences within two miles. Species not observed during site visits. Dudleya viscida Sticky dudleya FSC Coastal bluffs and inland chaparral. Not present. Suitable habitat is present on the bluff at the north end of the property; however, sticky dudleya was not observed during site visits. No recorded occurrences within two miles. Ferrocactus viridescens San Diego barrel cactus FSC Hillsides in coastal sage scmb, often along ridges in cobbly soils. Not present. Marginally suitable habitat is present in the sage scrab on the property; however, San Diego barrel cacms was not observed during site visits. There are no recorded occurrences within two miles. Quercus engelmannii Engelmann oak None Oak woodland and southern mixed chaparral. Not present. Site lacks suitable habitat- No recorded occurrences within two miles. Species not observed during site visits. Species Coverage Contingent Upon Funding for Management of Conservation Areas Arctostaphylos glandulosa ssp. crassifolia Del Mar manzanita FE/NE Chaparral. Not present. Site lacks suitable habitat. Several recorded occurrences within two miles; however, Arctostaphylos spp. was not observed during site visits. Baccharis vanessae Encinitas baccharis FT/CE/NE Chaparral and cismontane woodland. Not present. Site lacks suitable habitat. No recorded occurrences within two miles. Species not observed during site visits. Comarostaphylis diversifolia ssp. diversifolia m Summer holly FSC Southem mixed chaparral. Not present. Site lacks suitable habitat. No recorded occurrences within two miles. Species not observed during site visits. Eryngium aristulatum ssp. parishii San Diego button celery FE/CE/NE/OW Vemal Pools or mima mound areas with veraally moist conditions. Not present. There are several recorded occurrences within two miles NW of the proposed project site; however, San Diego button celery is restricted to vemal pools and swales. Site lacks suitable habitat. Species not observed during site visits. Iva hayesiana San Diego marsh eMer FSC Creeks and intennittent streambeds. Not present. Site lacks suitable habitat. No recorded occurrences within two miles. Species not observed during site visits. Myosurus minimum var. apus Little mousetail FSC/NE/OW Vemal pools. Not present. Site lacks suitable habitat. No recorded occurrences within two miles. Species not observed during site visits. Navarretia fossalis Spreading navarretia (NE) FT/NE/OW Vemal pools and vemal swales. Not present. Limited to vemal pools and swales. Suitable habitat not present. No recorded occurrences within two miles. Species not observed during site visits. Orcuttia califomica Califomia Orcutt grass (NE) FE/CE/NE/OW Vemal pools. Not present. Limited to vemal pools and swales. Suitable habitat not present. No recorded occurrences within two miles. Species not observed during site visits. Pinus torreyana torreyana Torrey pine FSC Coastal chaparral. Not present. No recorded occurrences within two miles. Species not observed during site visits. Invertebrates Branchinecta sandiegonensis San Diego fairy shrimp FE/NE/OW Vemal pools and swales. Not present. Limited to vemal pools and swales. Suitable habitat not present. No recorded occurrences within two miles. Species not observed during site visits. • Streptocephalus woottoni Riverside fairy shrimp FE/NE/OW Vemal pools and swales. Not present. Limited to vemal pools and swales. Suitable habitat not present. No recorded occurrences within two miles. Species not observed during site visits. FE - Federally endangered FT - Federally threatened CE - State endangered SSC - State Species of Concem FSC - Federal Species of Concem OW - Obligate wetland species NE - Narrow endemic species covered by the City of San Diego MSHCP Subarea Plan FP - State fully protected Habitat Assessment forthe Hirschkoff Property Project APPENDIXD Project Photographs Photo 1: Entrance to property from Jefferson Street. 1 • Photo 2: Disturbed habitat on south end of parcel. ..- • V • ' Photo 3: Disturbed habitat in central portion of parcel. This area is largely iceplant (Carpobrotus edulis). •1 » Photo 4: Looking south across the property towards Jefferson Street. Photo 5: Bluff (left of photograph) and sage scrub (right of photograph) on the north end of the property vvith Buena Vista Lagoon in the distance. Photo 6: View of the bluff from the northeast end of the property. The bluff is about 30 feet in height. Photo 7: Wetland along shoreline of Buena Vista Lagoon, adjacent to the property. Wetland vegetation is California bulrush (Scirpus californicus) transitioning to cattail (Typha latifolia). Diegan Coastal Sage Scrub is in the foreground. There is a drop of six to 10 feet from the sage scrub to the wetland. The wetland is not on the property. 4 W f. Photo 8: Looking west across the north end of the property, showing a transition from sage scrub to wetland. The wetland is located off of the site. CITY OF CARLSBAD REVIEW AND COMMENT MEMO *ALWAYS SEND EXHIBITS DATE: SEPTEMBER 30. 2014 PROJECT N0(S): CDP 14-13 CDP 14/14 REVIEW NO: 2 PROJECTTITLE: HIRSCHOFF RESIDENCE APPLICANT: JENSEN JOHN P TO: I I Land Development Engineering I I Police Department - J. Sasway 13 Fii^e Department - Greg Ryan I I Building Division - Will Foss I I Parks & Recreation (Parks/Trails) - Liz Ketabian I I Parks & Recreation (Trees & Medians) - Kyle Lancaster • Public Works Department (Streets) r~l Public Works Department (Traffic) - John Kim r~l Public Works Department (Design) - David Ahles I I SANDAG (Any huge/major development) 401 B. Street, Suite 800, San Diego CA 92101-4231 FROM: PLANNING DIVISION|//^f)Tljy] tWJ^ • Public Works (Storm Drain) - Clayton Dobbs I I Public Works (Wastewater) - Don Wasko I I Public Works (Water) - Eric Sanders I I Water/Sewer District I I Landscape Plancheck Consultant - PELA 0 School District 1 I North County Transit District - Planning Dept. I I Sempra Energy-Land Management I I Caltrans (Send anything adjacent to 1-5) State of California Dept. of Transportation Planning Division, ATrN: Jacob Armstrong 4050 Taylor Street, MS 240 San Diego, CA 92110 Please review and submit written comments and/or conditions to the TRACKING DESK in LDE at 1635 Faraday Avenue, bv 10/20. Ifyou have "No Comments," please so state. If vou determine that there are items that need to be submitted to deem the application "complete" for processing, please immediatelv contact the applicant and/or their representatives (via phone or e-mail) to let them knovtf. Thank you COMMENTS: PLANS ATTACHED natijre Date Review & Comment 8/14 August 7, 2014 TO: Austin Silva, Assistant Planner Chris DeCerbo, Principal Planner Bridget Desmarais, Administrative Secretary Sabrina Michelson, Senior Office Specialist FROM: Michael Elliott, City of Carlsbad's Contract Landscape Architect RE: Landscape Architectural Review - Conceptual Review - 2"** Review Hirschkoff Residence, CDP 14-13, CDP 14-14 Jefferson Street MELA file; 533 - Hirschkoff Residence - Con2 Landscape Architect: Benoit Exterior Design, Phone: (760) 448-5272 Please advise the applicant to make the following revisions to the plans so that they will meet the requirements of the City of Carlsbad's Landscape Manual. Numbers below are referenced on the red line plans where appropriate for ease in locating the area of the comment concem. REPEAT COMMENTS 1-11 Completed. 12. Please revise the notes as follows per the current Landscape Manual: ZONE A-l • Completed. ZONE B-l • Completed. ZONE B-2 • Completed • "High fuel" species, as listed in Appendix C, shall be removed. 2"'^Review: Please add the missing information as underlined. • Completed. ZONE B-3 • Completed. 13-15 Completed. 16. RETURN REDLINES and provide 2 copies ofall plans (concept, water conservation, fire protection, and colored water use plan) for the next submittal. Please provide a written response to all comments clearly indicating where and how each comment was addressed. NEW COMMMENTS 1 A. Please specify/show proposed landscaping in all fire suppression zone A-l areas. Insure the use of native species where located within the Diegan Coastal Sage Scrub (DCSS) buffer zone. Insure fire suppression zone A-l requirements per the Landscape Manual are met. Hirschkoff Residence August 7, 2014 Conceptual Plan Review Page 2 2A. Please add a note to plans indicating that bare areas located within the DCSS buffer zone shall be landscaped with native species as appropriate to meet fire suppression zones requirements. 3 A. Please add a note to plans indicating that invasive species shall be removed from the DCSS buffer zone and fire suppression areas. 4A. Please address landscaping of all areas located within fire suppression zone B-2. Insure the use of low fuel species. • • CITY OF CARLSBAD REVIEW AND COMMENT MEMO DATE: JULY 31. 2014 PROJEa N0{S): PROJEa TITLE: APPLICANT: CDP 14-13/CDP 14-14/V 14-02 REVIEW NO: 2 PROJEa N0{S): PROJEa TITLE: APPLICANT: HIRSCHKOFF RESIDENCE PROJEa N0{S): PROJEa TITLE: APPLICANT: JOHN P. JENSEN ARCHITEa PROJEa N0{S): PROJEa TITLE: APPLICANT: TO: Land Development Engineering-David Rick • Public Works (Storm Drain) - Clayton Dobbs • Police Department-J. Sasway • Public Works (Wastewater) - Don Wasko • Fire Department - Greg Ryan • Public Works (Water) - Eric Sanders • Building Division - Will Foss • Water/Sewer District • Parks & Recreation (Parks/Trails) - Liz Ketabian Landscape Plancheck Consultant - PELA • Parks & Recreation (Trees & Medians) - Morgan • School District Rockdale • Public Works Department (Streets) - Nick Roque • North County Transit District - Planning Dept. • Public Works Department (Traffic) - John Kim • Sempra Energy-Land Management • Public Works Department (Design) - Patrick Vaughan • Caltrans (Send anything adjacent to 1-5) • SANDAG (Any huge/major development) 401 B. Street, Suite 800, San Diego CA 92101-4231 •ALWAYS SEND EXHIBITS FROM: PLANNING DIVISION/AUSTIN SILVA Please review and submit written comments and/or conditions to the TRACKING DESK in LDE at 1635 Faraday Avenue, bv 8/21/14. Ifyou have "No Comments," please so state. If vou determine that there are items that need to be submitted to deem the application "complete" for processing, please immediatelv contact the applicant and/or their representatives (via phone or e-mail) to let them know. Thank you COMMENTS: Signature PLANS ATTACHED Review & Comment 4/14 CITY OF ^CARLSBAD Memorandum August 19, 2014 To: Austin Silva, Project Planner From: David Rick, Project Engineer Via: Jason Geldert, Senior Civil Engineer Re: PROJECT ID: CDP 14-13/CDP 14-14 HIRSCHKOFF RESIDENCE ISSUES REVIEW Land Development Engineering has completed its review ofthe above referenced project for compliance with the previously determined issues. The project still has issues that must be addressed. The following is a list of these issues: 1. Please revise the redlined soils report dated June 19, 2013 provided on the previous review and submit 2 new copies ofthe updated report and the redlined report with your next submittal. According to the report, the soils engineer has not reviewed the preliminary grading plan because it was not available at the time the report was prepared. Now that the plan is available, they shall review the plan and provide any new or modified comments, especially as it relates to the proposed narrow side yard drainage, any structural settlement or stability concerns as it relates to the existing 1.5:1 slope, any existing slope stability concerns and restrictions to slope disturbance, and the proposed pervious pavement and its placement next to the structure. 2. Please revise the site plan and preliminary grading plan per the enclosed redlined comments. If you or the applicant has any questions regarding the above, please either see or call me at extension 2781. U David Rick Associate Engineer - Land Development Engineering Attachment: redlined site plan and preliminary grading plan. Community & Economic Development 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2710 I 760-602-8560 fax I www.carlsbadca.gov CITY OF CARLSBAD REVIEW AND COMMENT MEMO DATE: JUNE 17. 2014 PROJEa NO(S): CDP 14-13/CDP 14-14 gfeK ; REVIEW NO: 1 ^;r'^.:^:v'y PROJEa TITLE: HIRSCHKOFF RESIDENCE APPLICANT: JOHN JENSON TO: M Land Development Engineering - David Rick • Public Works (Storm Drain) - Clayton Dobbs • Police Department-J. Sasway • Public Works (Wastewater) - Don Wasko Fire Department - Greg Ryan • Public Works (Water) - Eric Sanders Building Division - Will Foss • Water/Sewer District • Parks & Recreation (Parks/Trails) - Liz Ketabian Landscape Plancheck Consultant - PELA • Parks & Recreation (Trees & Medians) - Morgan • School District Rockdale • Public Works Department (Streets) - Nick Roque • North County Transit District - Planning Dept. • Public Works Department (Traffic) - John Kim • Sempra Energy - Land Management • Public Works Department (Design) - Patrick Vaughan • Caltrans (Send anything adjacent to 1-5) • SANDAG (Any huge/major development) 401 B. Street, Suite 800, San Diego CA 92101-4231 •ALWAYS SEND EXHIBITS FROM: PLANNING DIVISION/AUSTIN SILVA Please review and submit written comments and/or conditions to the TRACKING DESK in LDE at 1635 Faraday Avenue, by 7/8/14. Ifyou have "No Comments," please so state. Ifyou determine that there are items that heed to be submitted to deem the application "complete" for processing, please immediatelv contact the applicant and/or their representatives (via phone or e-mail) to let them know. Thank you COMMENTS: Date PLANS ATTACHED Review & Comment 4/14 CITY OF ^ CARLSBAD Memorandum July 15, 2014 To: From: Via: Re: Austin Silva, Project Planner David Rick, Project Engineer Jason Geldert, Senior Civil Engineer CDP 14-13/CDP 14-14 HIRSCHKOFF RESIDENCE COMPLETE Land Development Engineering has completed a review ofthe above-referenced project for completeness and engineering issues of concern. All items needed for engineering review are provided for determining the application as complete. Engineering issues which need to be resolved or adequately addressed prior to staff making a determination on the proposed project are as follows: 1. Please revise the "Preliminary Storm Water Report" per the enclosed redline comments in the report. 3. 4. Please revise the site plan and preliminary grading plan per the enclosed redlined comments. Please revise the redlined soils report per the enclosed redlined comments. Please revise the redlined soils report dated June 19, 2013 per comments in enclosed report. According to the report, the soils engineer has not reviewed the preliminary grading plan because it was not available at the time the report was prepared. Now that the plan is available, they shall review the plan and provide any new or modified comments, especially as it relates to the proposed narrow side yard drainage, any structural settlement or stability concerns as it relates to the existing 1.5:1 slope, any existing slope stability concerns and restrictions to slope disturbance, and the proposed pervious pavement and its placement next to the structure. Remove all trees proposed within 10 feet ofthe 6 inch sewer easement that crosses the property. A boundary gap exists between the apex of the subject property and the Jefferson Street right-of-way. Plot the boundary line that separates the 1-5 corridor right-of-way from the developed abutting southwesterly property. Community & Economic Development 1635 Faraday Ave. I Carlsbad, CA 92008 760-602-2710 I 760-602-8560 fax I www.carlsbadca.gov CDP 14-13, CDP 14-14 Hirschkoff Residence July 15, 2014 Page 2 Please have applicant submit all redlined plans and documents with their next submittal. Submit two copies of revised documents (1 for me/1 for file). If you or the applicant has any questions, please either see or contact me at 602-2781. DAVID RICK Associate Engineer Land Development Engineering Attachment: Redlined site plan and preliminary grading plan Redlined soils report Redlined preliminary storm water report CARLSBAD FIRE DEPARTIVIENT FIRE PREVENTION BUREAU Discretionary Review Checklist PROJECT NUMBER: CDP14-13 / CDP 14-14 BUILDING ADDRESS: 2351 JEFFERSON ST PROJECT DESCRIPTION: New 3,015 sf SFR w/ 468 sf 2"^* DU w/ 803 sf Garage ASSESSOR'S PARCEL NUMBER: 155-180-28-00 FIRE DEPARTMENT APPROVAL The item you have submitted for review has been approved. The approval Is based on plans, information and/or specifications provided in your submittal; therefore, any changes to these items after this date, including field modifications, must be reviewed by this office to insure continued conformance with applicable codes. Please review carefully all comments attached, as failure to comply with instmctions in this report can result in suspension of permit to build. By: Date: DENIAL Please see the attached report of deficiencies marked with El. Make necessary corrections to plans or specifications for compliance with applicable codes and standards. Submit corrected plans and/or specifications to this office for review. By: G. Ryan By: By: Date: 07.18.2014 Date: Date: ATTACHMENTS COMMENTS FIRE DEPARTMENT CONTACT PERSON NAME: ADDRESS: PHONE: 1635 Faraday Ave Carlsbad, CA 92008 (760) 602-4665 REVIEW CHECKLIST SITE PLAN 1 STi 3F«D!1 • • • 1. Access: • Provide clear foot path (paved) no less than 60-inches in width on each side of the house. 2. Architecture/Construction: • If a minimum 20-feet of separation between the CalTrans ROW and the proposed structure cannot be obtained/maintained then the East wall (parallel to F^OW) shall be designed and constructed to no less than 1-hour fire rated construction per CBC Chapter 7. LANDSCAPE ^ STi 2^^^" 3RD* • • • 1. Distance form structure or building to brush. • Indicate the distance from each structure to existing native vegetation or wildland area. • Specifically what is tiie separation between tfie tree canopy in tfie CalTrans ROW to tfie drip-line of tfie East and Nortfi walls of this home? • Fire control planting. Indicate how the proposed plan conforms to the City of Carlsbad Landscape Guidelines by depicting various fire control plantings or management zones which buffer structures from the hazards of undisturbed native vegetation. • Fire Control maintenance responsibility. Provide a maintenance plan which identifies who will be responsible for periodic fire control maintenance, how it will be accomplished, what maintenance benchmarks or standards are proposed and how they will be documented. FIRE SPRINKLERS ^ STB 2^°" 3^011 • • • 1. An automatic fire sprinkler system is required for this project because: • This project is located on a street that does not meet the minimum street width of twenty-eight (28) feet in a fire hazard zone. • This project is accessed from a Private street or driveway less than 24 feet in width. • This project is located on a street, access roadway or driveway that exceeds the maximum gradient of 10.0% (5.7degrees). • The center or the furthest most wall or projection of the dwelling exceeds 150 feet from the "Center-line" of the nearest fire department access. This distance is measured along a path that simulates the route a firefighter may take to access all portions ofthe exterior of a structure from the nearest public road or fire access road. • • • 2. Provide nWes on all plans submitted for review that inolcate that fire sprinklers are required. • • • 3. Submit fire sprinkler plans to the Fire Department for review. WATER METERS • • • 4. You will be required to install a one inch (1") or greater water service and water meter. This is to ensure that there is adequate water provided in the event of a fire sprinkler activation during periods of other uses and/or demands, e.g. irrigation. CITY OF CARLSBAD REVIEW AND COMMENT MEMO DATE: JUNE 17. 2014 PROJEa NO(S): CDP 14-13/CDP 14-14 REVIEW NO: 1 PROJEa TITLE: HIRSCHKOFF RESIDENCE APPLICANT: JOHN JENSON TO: El Land Development Engineering - David Rick • Public Works (Storm Drain) - Clayton Dobbs • Police Department-J. Sasway • Public Works (Wastewater) - Don Wasko Fire Department - Greg Ryan • Public Works (Water) - Eric Sanders Building Division - Will Foss • Water/Sewer District • Parks & Recreation (Parks/Trails) - Liz Ketabian Landscape Plancheck Consultant - PELA • Parks & Recreation (Trees & Medians) - Morgan • School District Rockdale • Public Works Department (Streets) - Nick Roque • North County Transit District - Planning Dept. • Public Works Department (Traffic) - John Kim • Sempra Energy - Land Management • Public Works Department (Design) - Patrick Vaughan • Caltrans (Send anything adjacent to 1-5) • SANDAG (Any huge/major development) 401 B. Street, Suite 800, San Diego CA 92101-4231 *ALWAYSSEND EXHIBITS FROM: PLANNING DIVISION/AUSTIN SILVA Please review and submit written comments and/or conditions to the tpACKING DESK in LDE at 1635 Faraday Avenue, by 7/8/14. Ifyou have "No Comments," please so state. Ifyou determine that there are items that need to be submitted to deem the application "complete" for processing, please immediatelv contact the applicant and/or their representatives (via phone or e-mail) to let them know. Thank you COMMENTS: f Signature Date PLANS ATTACHED Review & Comment 4/14 July 2, 2014 TO: Austin Silva, Assistant Planner Chris DeCerbo, Principal Planner Bridget Desmarais, Administrative Secretary Sabrina Michelson, Senior Office Specialist FROM: Michael Elliott, City of Carlsbad's Contract Landscape Architect RE: Landscape Architectural Review - Conceptual Review - 1'*^ Review Hirschkoff Residence Jefferson Street Street MELA file: 533 - Hirschkoff Residence - Conl Landscape Architect: Benoit Exterior Design, Phone: (760) 448-5272 Please advise the applicant to make the following revisions to the plans so that they will meet the requirements of the City of Carlsbad's Landscape Manual. Numbers below are referenced on the red line plans where appropriate for ease in locating the area of the comment concem. 1. Please address landscaping of all areas. 2. Please provide a Maintenance Responsibility Exhibit. The Maintenance Responsibility Exhibit shall be prepared at a scale and size (preferably one sheet) that provides an overall view of the project and shall clearly identify the various areas of landscape maintenance responsibilities (private, common area/homeowners" association (HOA), City, etc). 3. Please label Jefferson Street. 4. The Landscape Manual indicates that landscape plans are to feature ground cover, shrubs, and trees to screen elements of unsightliness and screen/soften new improvements. The Landscape Manual also indicates that landscaping shall be used to accentuate and enhance architecture. Please provide landscaping along the west side of the new structure to both soften and enhance the elevations and to screen views from the adjacent lot. 5. 50% of the shrubs (except on slopes 3:1 or steeper) shall be a minimum 5 gallon size. Please address. 6. Please provide a written description of water conservation features including addressing xeriscape principles (see Appendix A) within the project. 7. Please add a note to plans indicating that a 3" minimum layer of organic mulch shall be added in non-turf planting areas with slopes less steep than 3:1 to cover the soil surface completely. 8. Please revise slope revegetation notes as follows (see bold portions): Slopes -6:1 or steeper and: a. 3' or less in vertical height and are adjacent to public walks or streets require at minimum Standard #1. b. 3' to 8' in vertical height require Standards #1 (erosion control matting shall be installed in lieu of a cover crop), #2 and #3 Hirschkoff Residence July 2,2014 Conceptual Plan Review Page 2 c. In excess of 8' in vertical height require Standards #1 (erosion control matting shall be installed in lieu of a cover crop), #2, #3, and #4. 9. Please re-label the portion of the graded areas as fire suppression zone A-l and add these requirements to the fire protection policies on sheet 4 (see comment 12 below). 10. Rosemary is a high fLiel species. Please provide a low fliel substitute. 11. Please correct the sheet number. 12. Please revise the notes as follows per the current Landscape Manual: ZONE A-l • Zone A-l shall be measured horizontally 20 feet outward from the outlying edge of any habitable structure(s) or inward from the top of slope. • Planting within Zone A-l shall consist of ground cover or low growing shrubs species (less than three (3) feet in height) known to have fire resistive qualities. • No trees or shrubs (over three (3) feet in height at maturity) shall be allowed. " Irrigation shall be required and maintained. • All attachments to the structure shall be noncombustible. • No solid fuel fire pits or outdoor fire places shall be permitted. ZONE B-l • Zone B-l shall be measured horizontally 20 feet from the outlying edge of any habitable structure(s) toward the native vegetation or inward from the top of slope or edge of native vegetation. • Planting within this area shall consist of ground cover or low growing shrub species (less than three (3) feet in height) known to have fire resistive qualities or as otherwise required by the City. • No trees or shrubs (over three (3) feet in height at maturity) shall be permitted. • Irrigation shall be required and maintained. • All attachments to the structure shall be noncombustible. • No solid fliel fire pits or outdoor fire places shall be permitted. ZONE B-2 • Zone B-2 shall be measured horizontally 20 feet outward from the outlying edge of Zone B-l • "High flael" species, as listed in Appendix C, shall be removed. • Up to 50% of the volume of the "moderate fuel" species, as listed in Appendix C, shall be removed by selective pruning. • Planting within this zone shall consist of low fuel species. • Trees and large tree-form shrubs (e.g. Oaks, Sumac, Toyon) which are being retained shall be pruned to provide clearance equal to three (3) times the height of Hirschkoff Residence July 2,2014 Conceptual Plan Review Page 3 the surrounding understory plant material or six (6) feet, whichever is higher. Dead and excessively twiggy growth shall be removed. • Irrigation shall be required and maintained. • If Zone B-2 crosses over a fence line, a six (6) foot wide strip of modified landscaping shall be provided parallel to the fence line in order to provide access for firefighters. Plants located within the six (6) foot access area shall not exceed a height of 18 inches at maturity. ZONE B-3 • Zone B-3 shall be measured horizontally 20 feet outward from the outlying edge of Zone B-2. The outer edge of Zone B-3 shall extend horizontally to a point at least 60 feet from structures. • "High fuel" species, as listed in Appendix C shall be removed. • Up to 50% of the volume of vegetation shall be thinned. Shrubs may be retained provided that they are pruned to a maximum height of four (4) feet. • Trees and tree-like shrubs (e.g. Oaks, Sumac, Toyon) which are being retained shall be pruned to provide clearance equal to three times the height of the surrounding understory plant material or six (6) feet, whichever is higher. Dead and excessively twiggy growth shall also be removed. • Irrigation is not required. 13. It is the applicant's responsibility to secure agreements with owners of adjacent property to modify/mitigate offsite wildland fire hazards to the subject property, so that conformance with the fire protection plan and adopted standards is achieved and maintained. Please review the plans with the Carlsbad Fire Marshall and insure that the fire zones do not extend to the northeast and southwest (offsite). Show the extension of the fire zones as appropriate and address fire suppression requirements as needed. Provide documentation of the Fire Marshall's decision for cross checking. 14. Maintenance access shall be provided to all fire protection areas. All maintenance access points shall be identified on the recorded drawings and a maintenance access agreement shall be recorded for the subject property. Please show and label the maintenance access points/routes. 15. Please clarify on the plans that debris and trimmings produced by maintenance and thinning shall be removed from the site or shall be converted to mulch by a chipping machine and evenly dispersed over the area to a maximum depth of four (4) inches. 16 RETURN REDLINES and provide 2 copies ofall plans (concept, water conservation, fire protection, and colored water use plan) for the next submittal. Please provide a written response to all comments clearly indicating where and how each comment was addressed. ^ w w ^4a,kcl 3hh< V CARLSBAD Community & Economic Development www.carlsbadca.gov <^^':i.?'^ FILE March 9, 2015 Joel Hirschkoff 1483 Coral Way San Marcos, CA 92078 SUBJEa: NOTICE OF RESTRiaiON - CDP 14-13/CDP 14-14 - HIRSCHKOFF RESIDENCE Dear Applicant: Please find the enclosed document that needs to be signed, notarized, and returned for recordation. This is to fulfill a condition of approval ofthe Coastal Development Permit. Please ensure the following items are addressed prior to returning to the city: ^ Correct Notary Acknowledgement Required (Effective January 1. 2008, all Certificates of Acknowledgement used by a California notary on a document that will be recorded in the State of California must NOT HAVE "PERSONALLY KNOWN TO ME" in the acknowledgement. (Assembly Bill 886, Chapter 399)) •/ Document must be properly notarized. ^ Name on signature page and name on Notarial Acknowledgement must match. ^ Property owner's signatures/initials must be the same as on Notary Acknowledgement. ^ Notary seal cannot be blurry/too light (County will not record the document if any portion of the Notary Seal is blurry or too light) ^ Include property owner's name in the designated space above the owner's signature. ^ Please pay particular attention to the signature requirements at the bottom of the signature page. Please do not fold documents. Return original signed and notarized documents. It is our goal to assist you in getting the document recorded as expeditiously as possible. Ifyou have any questions or need additional assistance, please contact Michele Masterson, Senior Management Analyst at (760) 602-4615 or via email at michele.masterson@carlsbadca.gov. Sincerely, AUSTIN SILVA, AICP Assistant Planner c: Michele Masterson, CED Senior Management Analyst File Copy Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 V (CARLSBAD r I LEI Community & Economic Development www.carlsbadca.gov MINOR COASTAL DEVELOPMENT PERMIT NOTICE OF DECISION February 12, 2015 Joel Hirschkoff 1483 Coral Way San Marcos, CA 92078 RE: CDP 14-14 - HIRSCHKOFF RESIDENCE The City has completed a review of the application for a Minor Coastal Development Permit for the development of a 468 square foot second dwelling unit located within the Mello II Segment ofthe Local Coastal Program and on the north side of Jefferson Street, west of Interstate 5 and north of Las Flores Drive. It is the City Planner's determination that the project CDP 14-14 - Hirschkoff Residence, is consistent ' with the city's applicable Coastal Development Regulations (Chapters 21.201 - 21.205) and with all other applicable city ordinances and policies. The City Planner, therefore, APPROVES this request based upon the following: 1. That the total cost of the proposed development is less than $60,000. 2. That the proposed development requires no discretionary approvals other than a Minor Coastal Development Permit. 3. That the development is in conformity with the public access and public recreation policies of Chapter 3 of the Coastal Act, in that no opportunities for coastal access are available from the subject site, nor are public recreation areas required of the project in that a dirt road which is closed to vehicular traffic and is City of Carlsbad right-of-way is located adjacent to and north of the property. Therefore the project site is not located adjacent to the Buena Vista Lagoon and is not required to provide lateral access. Furthermore, the steep slopes of greater than 40% are not suitable for a public access trail. No opportunities for coastal access are available from the subject site, nor are public recreation areas required of the project. 4. The proposed development will have no adverse effect on coastal resources, in that the second dwelling unit will be constructed above a garage of a single-family dwelling which is Located on the front portion of the lot, furthest away from the Buena Vista Lagoon. Furthermore, construction of the project will adhere to the city's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP) and Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban run-off, pollutants and soil erosion. 5. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that the site is designated for residential uses and is being developed with a Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 © F^S CDP 14-14- HIRSCHKOFFRESIDENCE 2, 2015 single-family residence. The development consists of a 468 square foot second dwelling unit above a garage. The addition will not obstruct views of the coastline as seen from public lands or the public right-of-way, nor otherwise damage the visual beauty of the coastal zone. No agricultural uses currently exist on the site, nor are there any sensitive biological resources located near the proposed residence. Furthermore, the proposed residential addition is not in an area of known geologic instability or flood hazards. 6. That the request for a minor coastal development permit was adequately noticed at least ten (10) working days before the date of this decision pursuant to Section 21.201.080(B) and (C) of the Carlsbad Coastal Development Regulations. 7. That the City Planner has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15303 (New Construction of Small Structures) of the State CEQA Guidelines and will not have any adverse significant impact on the environment. 8. The City Planner has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: 1. The City Planner does hereby APPROVE the Minor Coastal Development Permit, CDP 14-14, for the project entitled Hirschkoff Residence (Exhibits "A" - "K"), dated January 21, 2015, on file in the Planning Division and incorporated by this reference, subject to the conditions herein set forth. 2. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Minor Coastal Development Permit. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Minor Coastal Development Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 4. The Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 5. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. CDP 14-14 - HIRSCHKOFF RESIDENCE February 12, 2015 Pages 6. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Minor Coastal Development Permit, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even ifthe City's approval is not validated. 7. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. 8. Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division from the Carlsbad School District that this project has satisfied its obligation to provide school facilities. 9. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. Ifthe taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 10. Prior to the issuance of the building permit. Developer shall submit to the City a .Motice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Minor Coastal Development Permit on the property. Said Notice of Restriction shall note the property description, location ofthe file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The City Planner has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. a. The property owner(s) shall reside in either the main dwelling unit or the second dwelling unit, unless a lessee leases both the main dwelling and the second dwelling unit. b. The obligations and restrictions imposed on the second dwelling unit per Chapter 21.10.030 of the Carlsbad Municipal Code are binding on all present and future property owners. 11. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 12. Prior to hauling dirt or construction materials to or from any proposed construction site within this project. Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. 13. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. CDP 14-14 - HIRSCHKOFF RESIDENCE February 12, 2015 Page 4 NOTICE This decision may be appealed by you or any member of the public to the Planning Commission within ten (10) calendar days of receipt of this letter. Appeals must be submitted in writing to the Planning Commission at 1635 Faraday Avenue in Carlsbad, along with a payment of $661.00. The filing of such appeal within such time limit shall stay the effective date ofthe order ofthe City Planner until such time as a final decision on the appeal is reached. Ifyou have any questions regarding this matter, please feel free to contact Austin Silva at (760) 602-4631. Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. CITY OF CARLSBAD CHRIS DeCERBO Principal Planner CD:AS:fn c: Don Neu, City Planner Chris DeCerbo, Principal Planner David Rick, Project Engineer File Copy Data Entry California Coastal Commission (NoFA) 1 \ • RLE copy VICARLSBAD Community & Economic Development www.carlsbadca.gov PLANNING COMMISSION NOTICE OF DECISION January 21, 2015 Joel Hirschkoff 1483 Coral Way San Marcos, CA 92078 SUBJECT: CDP 14-13 - HIRSCHKOFF RESIDENCE At the January 21, 2015 Planning Commission meeting, your application was considered. The Commission voted 6-0 to approve your request. The decision ofthe Planning Commission is final on the date of adoption unless a written appeal to the City Council is filed with the City Clerk within ten (10) calendar days in accordance with the provisions of Carlsbad Municipal Code section 21.54.150. The written appeal must specify the reason or reasons for the appeal. If you have any questions regarding the final dispositions of your application, please contact your project planner Austin Silva at (760) 602-4631 or austin.silva@carlsbadca.gov. Sincerely, DON NEU, AICP City Planner DN:AS:bd c: Data Entry File John Jensen, 130 S. Cedros Ave. #220, Solana Beach, CA 92075 enc: Planning Commission Resolution No. 7081 and 7082 Planning Division 1635 Faraday Avenue. Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 © *^CARLSBAD FILE COPY Community & Economic Development www.carlsbadca.gov December 30, 2014 Joel Hirschkoff 1483 Coral Way San Marcos, CA 92078 SUBJEa: CDP 14-13/CDP 14-14/V 14-02 - HIRSCHKOFF RESIDENCE The preliminary staff report for the above referenced project will be sent to you via email on Wednesday, January 7, 2015. This preliminary report will be discussed by staff at the Development Coordinating Committee (DCC) meeting which will be held on January 12, 2015. A twenty (20) minute appointment has been set aside for you at 9:00. If you have any questions concerning your project you should attend the DCC meeting. It is necessary that you bring the following required information with you to this meeting or provide it to your planner prior to the meeting in order for your project to go forward to the Planning Commission: 1. Unmounted colored exhibit(s) of your site plan and elevations. For residential projects of 2 or more homes a typical street scene of the elevations shall be provided. The corresponding rear elevations for the homes shown for the typical street scene shall also be provided; and 2. A PDF of your colored site plan and elevations. The colored exhibits must be submitted at this time to ensure review by the Planning Commission at their briefings. If the colored exhibits are not available for their review, your proiect could be rescheduled to a later time. The PDF of your colored site plan and elevations will be used in the presentation to the Planning Commission and the public at the Planning Commission Hearing. If you do not plan to attend this meeting, please make arrangements to have your colored exhibit(s) and the PDF here by the scheduled time above. Should you wish to use visual materials in your presentation to the Planning Commission, they should be submitted to the Planning Division no later than 12:00 p.m. on the day of a Regular Planning Commission Meeting. Digital materials will be placed on a computer in Council Chambers for public presentations. Please label all materials with the agenda item number you are representing. Items submitted for viewing, including presentations/digital materials, will be included in the time limit maximum for speakers. All materials exhibited to the Planning Commission during the meeting (slides, maps, photos, etc.) are part of the public record and must be kept by the Planning Division for at least 60 days after final action on the matter. Your materials will be returned upon written request. If you need additional information concerning this matter, please contact your Planner, Austin Silva at (760) 602- 4631 or at austin.silva@carlsbadca.gov. Sincerely, DON NEU, AICP City Planner DN:AS:bd c: File Copy David Rick, Project Engineer Data Entry John Jensen, 130 S. Cedros Ave. #220, Solana Beach, CA 92075 Planning Division ^ 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 © ^V^CARLSBAD FILE COPY Community & Economic Development www.carlsbadca.gov December 10, 2014 John P. Jensen Suite 220 130 South Cedros Avenue Solana Beach, CA 92075 SUBJECT: CDP 14-13/CDP 14-14 - HIRSCHKOFF RESIDENCE Dear Mr. Jensen, Your project was deemed complete on August 27, 2014. There are no remaining issues of concern with the project to be resolved. The project will now be scheduled for an upcoming Planning Commission agenda. Please contact me at (760) 602-4631, ifyou have any questions or wish to set up a meeting to discuss the application. Sincerely, AUSTIN SILVA, AICP Assistant Planner AS:fn Joel Hirschkoff, 1483 Coral Way, San Marcos, CA 92078 Chris DeCerbo, Principal Planner David Rick, Project Engineer Michele Masterson, Senior Management Analyst File Copy Data Entry K Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 © SAN LUIS REY BAND OF MISSION INDIANS 1889 Sunset Drive • Vista, California 92081 760-724-8505 • FAX 760-724-2172 www.slrmissionindians.org November 28, 2014 Austin Silva City Planner VIA ELECTRONIC MAIL Planning Division austin.silva@carlsbadca.gov City of Carlsbad 1635 Faraday Avenue Carisbad, CA92008 RE: COMMENTS ON THE NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION FOR HIRSCHKOFF RESIDENCE (CASE NO. CDP 14-13/CDP 14-14/V 14-02) Dear Mr. Silva: We, the San Luis Rey Band of Mission Indians ("Tribe"), have received and reviewed the City of Carlsbad's ("City's") Notice of Intent to Adopt a Mitigated Negative Declaration ("MND") and all of its supporting documentation as it pertains specifically to the protection and preservation of cultural resources that may be located within the parameters of the Hirschkoff Residence's ("Project's") property boundaries. After our review, the Tribe believes that the MND assessment of potential significant impact to Native American cultural resources is insufficient in accordance with the California Environmental Quality Act ("CEQA") and lacking adequate analysis. In addition, the Tribe is not satisfied with the proposed mitigation measures as contained within the MND and find the MND deficient in the protection and preservation of our sacred cultural resources. As you are aware, we are a San Diego County Tribe whose traditional territory includes the current cities of Oceanside, Carlsbad, Vista, San Marcos and Escondido, as well as the unincorporated communities of northern San Diego County, such as the communities of Fallbrook and Bonsall. The Tribe is resolute in the preservation and protection of cultural, archaeological and historical sites within all these jurisdictions. It is the Tribe's understanding that the Project will consist of the construction of a 3,015 square foot single-family residence with an attached 468 square foot second dwelling unit, and a 803 square foot garage. The Project Site is a .28 acre parcel located on the north side of Jefferson Street and north of Las Flores Drive, known as Assessor's Parcel Number 155-80-28 ("Project Site/Location/Area"). The Project is in close proximity to the Buena Vista Lagoon. The Buena Vista Lagoon is a sacred Luiseno cultural resource corridor. Tribal Comments Regarding the Hirschkoff Residence Project, Carlsbad, CA Page 1 I. THE MND IS INSUFFICIENT IN ITS REVIEW AND ASSESSMENT OF POTENTIAL SIGNIFICANT IMPACT TO NATIVE AMERICAN CULTURAL RESOURCES. According to the MND, "[a]lthough the proposed project could have a significant effect on the environment, there will not be a significant effect in this case..." The MND then proposed several mitigation measures that will reduce the potential significant impact to "less than significant" via the incorporation of several mitigation measures. However, the MND is insufficient in its review and assessment of potential significant impact to Native American cultural resources therefore making its designation as an MND flawed and its proposed mitigation measures inadequate and deficient in the protection and preservation of our sacred Luiseno cultural resources. A. THE CITY ERRONEOUSLY RELIED UPON AN INCOMPLETE ARCHAEOLOGICAL ASSESSMENT. It is clear to the Tribe that the City has completely relied its required CEQA assessment of significant effect on cultural resources upon a May 20, 2013 letter of Cultural Resources Constraints Review of the Project APN by Brian F. Smith and Associates, Inc. This letter, at best, could be describes a precursor to cultural resource assessment. First, it contained only a review of that archaeologists own "in-house" files, and not a records search of the Califomia Historical Research Information Systems, nor a Sacred Lands Inventory Search from the Native American Heritage Commission, nor any discussion with any of the Luisefio tribes for ethnographical and/or sacred beliefs of the Project location. It was simply a review of that archaeologist's personal files. Second, the letter very clearly states that this was an "intuitive survey" of the APN property. This was not a Phase I or Phase II archaeological assessment of the property. This was not an archaeological pedestrian survey of the property, where by the property is assessed in a specific and organized matter. And most importantly, this was not a survey done in conjunction with a Luiseno Native American monitor. The City should have required, as the archaeologist stated in his letter on page 3, that the Project Applicant conduct a more "focused cultural resources assessment of the lot, including subsurface testing, to verify that the marine shell on the property is not associated with a significant archaeological site." Many of the CEQA "significant" cultural resources may be buried subsurface on the Project Location; however, without actually doing an adequate assessment of the location for cultural resources, the City cannot make a determination as to which review process the Project will require. The City should have required additional testing of the Project Site to determine the areas true potential for significant impact. For instance, the City may need to have the Project Applicant submit to an Environmental Impact Review ("EIR") for the proposed project. Or, the City may determine that the Project Applicant only need to submit to a Mitigated Negative Declaration review of the proposed project. However, the City cannot make that determination until they actually know what the impact will be. And the City will not know what that impact will be until it requires additional testing of the Project Location. Tribal Comments Regarding the Hirschkoff Residence Project, Carlsbad, CA Page 2 Furthermore, the Tribe opposes the use of "deferred mitigation" by Lead Agencies. In addition to the City allowing the project to proceed via an MND review without an adequate cultural resources assessment of the Project Location, the Tribe failed to see in the MND any mention of a Mitigation Monitoring Reporting Program or MMRP for cultural resources. An MMRP is an absolute necessity to ensure that our sacred resources are not only protected but that they are preserved for future generations. Without mention and incorporation of an MMRP or an adequate potential significance impact assessment being conducted for cultural resources, the Tribe recommends that the City reassess whether the correct and appropriate CEQA review was performed for this Project. B. NATIVE AMERICAN MONITORS MUST BE PRESENT DURING ANY RESURVEY AND NECESSARY FIELD TESTING AND ANALYSIS OF THE PROJECT LOCATION. Luiseno Native American monitors should be utilized during all ground and/or earth disturbing activities for this Project, including but not limited to, the necessary resurvey and testing of the Project Location, the pre-grading and grading activities for the Project. The Tribe has reviewed the MND for this Project, as well as conducted our own research of the Tribe's Sacred Land Files and has spoken with our Tribal Elders regarding the significance of the Project Area. As stated in the MND, a known sacred site is located adjacent to the Project Location; however, what is not stated is that there are a multitude of Luisefio Native American sacred sites within a quarter mile radius of this Project Location. The Buena Vista Lagoon is rich in cultural resources that must be protected and preserved in accordance to Luiseilo beliefs and tradition. The Project Location is in extreme close proximity to a multitude of large habitation sites of our ancestors. The Tribe believes that our history may still be found during the preparation and construction on this land and therefore it is justified that a Luiseno Native American monitor be present during all ground/earth disturbing activities associated with this Project as indicated above. II. THE FINAL AND APPROPRIATE CEQA REVIEW DOCUMENT SHOULD INCLUDE AN ADDITIONAL MITIGATION MEASURES THAT REQUIE THE FOLLOWING MINIMUM PROTECTIONS FOR NATIVE AMERICAN CULTURAL RESOURCES. The Tribe acknowledges and concurs with the City's proposed mitigation measures to (1) require the presence of a Luiserio Native American monitor during ground disturbing activities and (2) require that the Project Applicant enter into a pre-excavation agreement (Cultural Resources Treatment and Tribal Monitoring Agreement) with a Luiseiio tribal govemment prior to the commencement of any ground disturbing activities. The pre-excavation agreement will contain provisions to address the proper treatment of any cultural resources or Luiseno Native American human remains and/or evidence of habitation inadvertentiy uncovered during the course of the Project. The agreement will outline the roles and powers of the Luiseno Native American monitors and the archaeologist. Such an agreement is necessary, as the City is aware. Tribal Comments Regarding the Hirschkoff Residence Project, Carlsbad, CA Page 3 to guarantee the proper treatment of cultural resources or Luiseno Native American human remains displaced during a project development. A. The Final and Appropriate CEOA Review Document for this Proiect Should Reflect That Any and All Uncovered Artifacts of Luisefio Native American Cultural Importance Should Be Retumed to the Tribe, and/or the Most Likely Descendent and NOT BE CURATED. It is the religious belief, custom, and practice of the Tribe to repatriate all cultural resources that are unearthed during ground disturbing activities. Therefore, any plans to curate any such items would blatantly disregard the respect due to these cultural resources. Instead, any such items should be returned to the Tribe and/or the Most Likely Descendant, if applicable, as determined by the Native American Heritage Commission. This Project is located within the traditional and aboriginal territory of our Tribe and our sister tribes. The Tribe considers all cultural items found in this area to belong to their ancestors, and the ancestors of their sister tribes. This request should be included in the final and appropriate CEQA review document. B. Native American Monitors and Archaeological Monitors Should BOTH Be Treated With Respect For Their Training and Experience and Should Have Joint Authoritv To Temporarily Divert and/or Halt Construction Activities. Archaeologists and Native American monitors are trained to perform different analysis of cultural resources. For instance, in the case of determining the significance of isotopes we believe adamantly that any determination as to whether the deposits are "non-significant" should be left to the archaeologist and the Native American monitor and that both should agree on the deposit's insignificance. Both entities should agree due to the fact that each professional weighs the deposits differently based on their training and beliefs. An archaeologist looks at the deposits value for research purposes and its scientific worth. Whereas, a Native American monitor looks at the deposits importance as it relates to its religious significance and cultural relevance. Each opinion is equally important and both should be taken in equal consideration. Therefore, when including additional mitigation measures for Cultural Resources in the final and appropriate CEQA review document, it is the Tribe's request that Native American monitors be accorded the same amount of respect for their training and professional opinions in regards to the identification and protection of cultural resources as the archaeologist. Moreover, if cultural resources are discovered during construction, all ground disturbing activity within and around the immediate discovery area must be diverted until the Luiseno Native American monitor and the archaeologist can assess the nature and significance of the find. As mentioned above. Native American monitors and archaeologists approach culturally sensitive finds very differently. Neither process of evaluation is more significant than the other; therefore both must be given the same amount of authority and respect from the City. We therefore request that the Luiseno Native American and archaeological monitors be given joint- authority to divert or halt ground disturbing operations when cultural resources are discovered so each may access the nature and significance of such find. Tribal Comments Regarding the Hirschkoff Residence Project, Carlsbad, CA Page 4 C. The Luiseno Native American Monitor Shall Be Present at the Proiect's Preconstruction Meeting. In addition, the Luiseno Native American monitor must be present at the Project's preconstruction meeting. The Luisefio Native American monitor must be permitted to consult with grading and excavation contractors conceming excavation schedules and safety issues, as well as consult with the Principal Archaeologist conceming the proposed archaeological techniques and/or strategies for the Project. Therefore, as an additional mitigation condition measure to be incorporated into the final and appropriate CEQA review document, the Luiseno Native American monitor shall be present during the Project's preconstruction meeting. D. The Tribe Must Be Consulted if a Significant Cultural Resource and/or Unique Archaeological Resource Is Discovered During Ground Disturbing Activities. If a significant cultural resource and/or unique archaeological resource are unearthed during ground disturbing activities for this Project, the Tribe respectfully requests that they be notified and consulted with in regards to the respectful and dignified treatment of those resources. The Tribe's preference will always be for avoidance and that the resource be protected and preserved in perpetuity. This preference is shared under Califomia law though the CEQA as codified in CaUfomia Pubhc Resources Code Section 21083.2. If however, the Applicant is able to demonstrate that avoidance of our sacred resources is infeasible and a data recovery plan is authorized by the City as the Lead Agency, the Tribe respectfully requests that as a condition of any authorization, the Tribe be consulted regarding the drafting and finalization of any such recovery. In addition, when cultural resources are discovered during the Project, if the archaeologist collects such resources, a Luisefio Native American monitor must be present during any testing or cataloging of those resources. Moreover, if the archaeologist does not collect the cultural resources that are unearthed during the ground disturbing activities, the Luiseno Native American monitor, may in their discretion, collect said resources and provide them to the Tribe for respectful and dignified treatment in accordance with the Tribe's cultural and spiritual traditions. Lastiy, if Native American remains and/or associated burial goods are unearthed during the Project, and prior to a Most Likely Descendant being determined by the Native American Heritage Commission, it is the Tribe's request that the ancestral remains be kept in situ (in place), or in a secure location in close proximity to their discovery and that a forensic anthropologist perform their analysis of the remains on-site in the presence of a Luisefio Native American monitor. Any transportation of the ancestral remains would be considered by the Tribe as disrespectful and undignified treatment. Therefore, the Tribe requests that in addition to the strict adherence to the protocol stated in the Califomia Health and Safety Code Section 7050.5 and Califomia Public Resource Code Section 5097.98, the final and appropriate CEQA review document should reflect that if suspected Native American remains are discovered, the Native American remains shall be kept in situ, or in a secure location in close proximity to where they Tribal Comments Regarding the Hirschkoff Residence Project, Carlsbad, CA Page 5 were found, and that the analysis of the remains occur only on-site in the presence of a Luisefio Native American monitor. III. LASTLY, ONLY "CLEAN FILL" SHOULD BE UTILIZED DURING THIS PROJECT The Tribe is opposed to any undocumented fill being used during the proposed development. In the event fill will be imported into the Project area, the Tribe requests that any proposed use of fill be clean of cultural resources and documented as such. It has been a practice of many in the constmction profession to utilize fill materials that contained cultural resources from other "unknown" areas thereby contaminating the potential cultural landscape of the area being filled. This type of fill material is unacceptable. Moreover, if fill material is to be utilized and/or exported from areas within the Project Site, then that fill will need to be analyzed and confirmed by an archeologist and Luisefio Native American monitor that such fill material does not contain cultural resources. A requirement that imported and exported fill material be absent of any and all cultural resources should therefore be included as an additional mitigation measure of the final and appropriate CEQA review document. IV. CONCLUSION The San Luis Rey Band of Mission Indians appreciates this opportunity to provide the City of Carlsbad with our comments on the Hirschkoff Residence Project in Carlsbad, CA. The Tribe hopes the City will not adopt the MND as it currentiy stands due to the insufficient analysis conducted in relation to the assessment of potential significant impact to Native American cultural resources. Furthermore, it is the Tribe's hope that the City will adopt the mitigation measures for Cultural Resources as herein recommended and that they will appear in the final and appropriate CEQA review document. As always, we look forward to working with the City to guarantee that the requirements of CEQA and the laws of Califomia are rigorously applied to this Project and all projects. We thank you for your continuing assistance in protecting our invaluable Luisefio cultural resources. Sincerely, Merri Lopez-Keifer Tribal Legal Counsel cc: Melvin Vemon, Tribal Captain Carmen Mojado, Secretary of Govemment Relations and President of Saving Sacred Sites Tribal Comments Regarding the Hirschkoff Residence Project, Carlsbad, CA Page 6 Tribal Comments Regarding the Hirschkoff Residence Project, Carlsbad, CA Page 7 STATE OF CALiFORNiA Governor's Office of Planning and Research State Clearinghouse and Planning Unit Edmund G. Brown Jr. Governor December 1,2014 Austin Silva City of Carlsbad Plarming Department 1635 Faraday Avenue Carlsbad, CA 92008 City Of Carlsbad DEC 0 4 2014 Community & Economic Development Department Ken Alex Director Subject: Hirsclikoff Residence SCH#: 2014101059 Dear Austin Silva: The State Clearinghouse submitted the above named Mitigated Negative Declaration to selected state agencies for review. The review period closed on November 26, 2014, and no state agencies submitted comments by that date. This letter acknowledges that you have complied with the State Clearinghouse review requirements for draft environmental documents, pursuant to the Califomia Environmental Quality Act. Please call the State Clearinghouse at (916) 445-0613 if you have any questions regarding the environmental review process. If you have a question about the above-named project, please refer to the ten-digit State Clearinghouse number when contacting this office. Sincerely, Scott Morgan Director, State Clearinghouse 1400 TENTH STREET P.O. BOX 3044 SACRAMENTO, CALIFORNIA 95812-3044 TEL (916) 445-0613 FAX (916) 323-3018 www.opr.ca.gov Document Details Repor^^ State Clearinghouse Data BsKm SCH# Project Title Lead Agency 2014101059 Hirschkoff Residence Carlsbad, City of Type MND Mitigated Negative Declaration Description Construction of a new 3,015 sf single-family residence witfi an attached 468 sf second dwelling unit and an 803 sf garage. Lead Agency Contact Name Agency Phone email Address City Austin Silva City of Carlsbad 760 602 4631 Planning Department 1635 Faraday Avenue Carlsbad Fax State CA Zip 92008 Project Location County City Region Lat/Long Cross Streets Parcel No. Township San Diego Carlsbad 33° 10' 22" N 7117° 20' 56" W Jefferson Street and Las Flores Drive 155-180-28 IIS Range 4W Section 36 Base SBB&M Proximity to: Highways Airports Railways Waterways Schools Land Use 1-5 ATSF Pacific Ocean & Buena Vista Lagoona Buena Vista ES R-3 (Multiple Family) Zoning & RMH General Plan Designation Project Issues Archaeologic-Historic; Biological Resources; Noise Reviewing Resources Agency; Office of Local Assistance; Department of Fish and Wildlife, Region 5; Department Agencies of Parks and Recreation; Department of Water Resources; California Highway Patrol; Caltrans, District 11; Air Resources Board; Regional Water Quality Control Board, Region 9; Native American Heritage Commission; Public Utilities Commission Date Received 10/28/2014 Start of Review 10/28/2014 End of Review 11/26/2014 Y O F a FiL, CARLSBAD Community & Economic Development www.carlsbadca.gov September 25, 2014 Joel Hirschkoff 1483 Coral Way San Marcos, CA 92078 SUBJECT: CDP 14-13/CDP 14-14/V 14-02 - HIRSCHKOFF RESIDENCE - CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) APPLICABILITY/PROCESS DETERMINATION AND TARGET DECISION DATE CEQA Determination: This is to advise you that after reviewing the application for the project referenced above, the City has determined that the following environmental review process (pursuant to CEQA) will be required for the project: The project is subject to the provisions of CEQA. Based on the City's analysis of the proposed project, the following CEQA documentation/process is required forthe project (fees effective January 1, 2014): A MITIGATED NEGATIVE DECLARATION (MND) will be prepared for the project pursuant to the provisions of CEQA. Please submit the Environmental Impact Assessment Fee of $937 for the continued processing of the CEQA documentation. A Notice of Determination will be filed after approval ofthe project amendment with the San Diego County Clerk's Office which involves a filing fee. Please submit a check to the project planner in the amount of $2,231.25 (Fish and Wildlife Fees) made out to the San Diego County Clerk. The check should be submitted approximately one week prior to the Planning Commission hearing date. Target Decision Date: In the interest of expeditiously processing your application consistent with the State Permit Streamlining Act . (California Government Code Section 65950), the project should be scheduled for a public hearing no later than March 17, 2015. Therefore, in the interest of achieving that decision date/hearing date, all remaining project issues must be addressed by February 4,2015. If all project issues are not resolved by the date listed above, you may formally request a one-time 90 day application extension. Otherwise, you will need to withdraw the application. For additional information related to this CEQA applicability/process determination or should you have any questions regarding an application extension or would like to withdraw your application, please contact Austin Silva at (760) 602-4631 or by email at austin.silva(5)carlsbadca.gov. Sincerely, DON NEU, AICP City Planner DN:AS:fn c: John P. Jensen, Suite 220,130 South Cedros Avenue, Solana Beach, CA 92075 Chris DeCerbo, Principal Planner David Rick, Project Engineer Michele Masterson, Senior Management Analyst File Copy Data Entry Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® VICARLSBAD ^"-"^ ^^^^ Community & Economic Development www.carlsbadca.gov August 27, 2014 John P. Jensen Suite 220 130 South Cedros Avenue Solana Beach, CA 92075 SUBJECT: 2nd REVIEW FOR CDP 14-13/CDP 14-14/V 14-02 - HIRSaKOFF RESIDENCE Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Division has reviewed your Coastal Development Permit and Variance, application nos. CDP 14-13/CDP 14-14/V 14-02, as to its completeness for processing. The items requested from you earlier to make your Coastal Development Permit and Variance, application nos. CDP 14-13/CDP 14-14/V 14-02 complete have been received and reviewed by the Planning Division. It has been determined that the application is now complete for processing. Although the initial processing of your application may have already begun, the technical acceptance date is acknowledged by the date of this communication. Please note that although the application is now considered complete, there may be issues that could be discovered during project review and/or environmental review. Any issues should be resolved prior to scheduling the project for public hearing. In addition, the City may request, in the course of processing the application, that you clarify, amplify, correct, or otherwise supplement the basic information required for the application. At this time, the City asks that you provide four complete sets of the development plans so that the project can continue to be reviewed. The Citv will complete the review of vour resubmittal within 25 days. In order to expedite the processing of your application, you are strongly encouraged to contact your Staff Planner, Austin Silva, at (760) 602-4631, to discuss or to schedule a meeting to discuss your application and to completely understand this letter. You may also contact each commenting department individually as follows: • Land Development Engineering Division: David Rick, Associate Engineer, at (760) 602-2781 Sincerely, CHRIS DeCERBO Principal Planner CD:AS:fn c: Joel Hirschkoff, 1483 Coral Way, San Marcos, CA 92078 Don Neu, City Planner David Rick, Project Engineer Chris DeCerbo, Principal Planner Michele Masterson, Senior Management Analyst File Copy Data Entry Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® 14-14/V 14-02 - HIRSCJKOFF RESIDENCE ISSUES OF CONCERN Planmng: 1. Please attach the slope analysis to the set of plans for future submittals. Engineering: 2. Please revise the redlined soils report dated June 19, 2013 provided on the previous review and submit 2 new copies of the updated report and the redlined report with your next submittal. According to the report, the soils engineer has not reviewed the preliminary grading plan because it was not available at the time the report was prepared. Now that the plan is available, they shall review the plan and provide any new or modified comments, especially as it relates to the proposed narrow side yard drainage, any structural settlement or stability concerns as it relates to the existing 1.5:1 slope, any existing slope stability concerns and restrictions to slope disturbance, and the proposed pervious pavement and its placement next to the structure. Please revise the site plan and preliminary grading plan per the enclosed redlined comments. Fire: Comments from the Fire Department are forthcoming and will be sent in a separate letter. Landscape: 4. Please revise the notes as follows per the current Landscape Manual: ZONE A-l • Completed ZONE B-l • Completed ZONE B-2 • Completed • "High fuel" species, as listed in Appendix C, shall be removed. 2"" Review: Please add the missing information as underlined. • Completed ZONE B-3 • Completed 5. (lA) Please specify/show proposed landscaping in all fire suppression zone A-l areas. Insure the use of native species where located within the Diegan Coastal Sage Scrub (DCSS) buffer zone. Insure fire suppression zone A-l requirements per the Landscape Manual are met. 6. (2A) Please add a note to plans indicating that bare areas located within the DCSS buffer zone shall be landscaped with native species as appropriate to meet fire suppression zones requirements. 7. (3A) Please add a note to plans indicating that invasive species shall be removed from the DCSS buffer zone and fire suppression areas. 8. (4A) Please address landscaping of all areas located within fire suppression zone B-2. Insure the use of low fuel species. • ARCHITECT Date: July 30, 2014 To: City of Carlabad Re: Hirschkoff Residence CDP 14-13/CDP 14-14; Variance* VI400002 Dear Committee Members, The following are the responses to your comments from your letter dated July 16, 2014. ^ PLANNING fNEEDED ITEMS): 1. Variance has been applied for (V1400002) 2. See topographic map and soils report provided 3. See Site Plan [A-1] and Attached Vegetation Map II. PLANNING (ISSUES OF CONCERN): 1. CDP # is listed at top of all sheets. 2. Buffer is approved at top of slope. See Sagescrub boundary and buffer zone lines on Site Plan [A-1] and Vegetation Map. 3. Top of roof is at 33' - 7", top of parapet Is at 35' - 0" 4. No threat of flood, see attached FEMA Flood Hazard Map. 5. See revised Title Sheet [TS] III. ENGINEERING: 6. See revised Civil Plan [C-1] 7. Piease see revised Site Plan [A-1] and Civil Plan [C-1] 8. Soils report to be updated and submitted within 2 weeks. 9. Soiis report to be updated and submitted within 2 weeks. 10. No trees proposed within lO'-O" of sewer easement. 11. Please see revised Site Plan [A-1] and Civil Plan [C-1] 12. Redlines submitted. IV. LANDSCAPE: See attached Landscape Response List. V. FIRE: 1. Due to retaining walls and property line, a foot path of 60" is not possible. 2. East wall to be 1-hr rated. See Site Plan [A-1] 3. See Site Plan [A-1], any<fn^^f'5ENSEN 130S. CEDROS, #220 • SOLANA BEACH, CA 92075 OFFICE 858.756.2526 • FAX 858.756.0210 • MOBILE 619.884.5848 JOHNJENSENARCHITECT.COM 4 R C H 1 T E C T 4. See Landscape Plans. 5. See Landscape Plans. 6. See Title Sheet for fire sprinkler information [TS] 7. See Title Sheet for fire sprinkler information [TS] 8. Deferred Submittal. Will submit when proposed residence is submitted for building permit. 9. See Title Sheet for fire sprinkler information [TS] Sincerely, John Jensen • • JOHN P. JENSEN 130 S. CEDROS, #220 • SOLANA BEACH, CA 92075 OFFICE 858.756.2526 • FAX 858.756.0210 • MOBILE 619.884.5848 JOHNJENSENARCHITECT.COM 1 CDP 14-13/14-14 - Hirschkoff Residence July 28, 2014 1'* Review Comments for CDP 14-13/14-14 Hirschkoff Residence - Reply to Comments Prepared by Cindy Benoit, ASLA - Benoit Exterior Design (760) 448-5272 ISSUES OF CONCERN: LANDSCAPE COMMENTS 1. Please address all landscape areas. Complete-See ptan sheet L2 for new planting atong watt<way. 2. Please provide a Maintenance Responsibility Exhibit.... Complete-See sheet L4 and Easement document number 90-652453 for maintenance descriptions. Lot shall be privately maintained and joint maintenance shalt apply to easement offsite. 3. Please label Jefferson Street. Complete-See sheet L2. 4. The Landscape Manual indicates that landscape plans are to feature ground cover, shrubs, and trees...Please provide landscaping along west side ofthe new structure... Note: Due to Fire walkway requirements and Zone A-l restrictions, planting was limited to vines on existing fence. 5. 50% of the shrubs (except on slopes 3:1 or steeper) shall be minimum 5 gallons size. Complete- See sheet L2 and L3. 6. Please provide a written description of water conservation features including addressing Xeriscape principals... Complete-See sheet Ll. 7. Please add note to plans indicating that a 3" minimum layer of organic mulch shall be added in non-turf planting areas with slopes less steep than 3:1 to cover the soil surface completely. Complete-See sheet L2 and Ll notes. 8. Please revise slope vegetation notes as follows.... Complete-See sheet Ll. 9. Please re-label the portion of the graded areas as fire suppression zone A-l... Complete-See sheets Ll and L2. 10. Rosemary is high fuel species.... Complete-See sheets L2 and L3. Rosemary changed to Coprosma species. 11. Please correct the sheet number. Complete-See sheet L2. 12. Please revise the notes as follows per the current Landscape Manual.... Complete-See sheet Ll. 13. It is the applicant's responsibility to secure agreements with owners of adjacent property to modify/mitigate offsite wildland fire hazards....See agreements with Fire l\Aarshat. 14. Maintenance access shall be provided to all fire protection areas... Comptete-See sheet L2 and agreements with Fire Marshal. 15. Please clarify on plans that all debris and trimmings produced by maintenance and thinning shall be removed from site.... Complete-See sheet L4. 16. Pursuant to the Local Coastal Program, please show 100 foot buffer from wetlands and 20 foot buffer from all other native habitats.... Complete-See sheet L2. 17. Return Redlines...Comp/ete. Submitted with comments and revised drawings. 18. MAWA Comments (not numbered). Note: MAWA area calculations only inciuded areas required to be irrigated. Area was noted as un-irrigated on ETWU calculations as 0. Adding this area to the MAWA calculation would only result In additional savings % as compared to ETWU calculations, and not a net increase. *I*CARLSBAD FILE COPY Community & Economic Development www.carlsbadca.gov July 22, 2014 John P. Jensen Suite 220 130 South Cedros Avenue Solana Beach, CA 92075 SUBJECT: 1st REVIEW (follow up) FOR CDP 14-13/CDP 14-14 - HIRSCHKOFF RESIDENCE The following is a list of items which are considered to be supplemental to the previous letter of incompleteness dated July 16, 2014. If you should have any questions to relate to the comments from the Fire Department, please contact Greg Ryan at (760) 602-4663. In order to expedite the processing of your application, you are strongly encouraged to contact your Staff Planner, Austin Silva, at (760) 602-4631, to discuss or to schedule a meeting to discuss your application and to completely understand this letter. Sincerely, CHRIS DeCERBO Principal Planner CD:AS:fn Joel Hirschkoff, 1483 Coral Way, San Marcos, CA 92078 Don Neu, City Planner David Rick, Project Engineer Chris DeCerbo, Principal Planner Michele Masterson, Senior Management Analyst File Copy Data Entry h Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 CDP 14-13/CDP 14-14 - HIRSCHKOFF RESIDENCE ISSUES OF CONCERN Fire: 1. Please provide a clear foot path (paved) no less than 60-inches in width on each side of the house. 2. If a minimum of 20 feet of separation between the CalTrans ROW and the proposed structure cannot be obtained/maintained, then the east wall (parallel to ROW) shall be designed and constructed to no less than one hour fire rated construction per California Building Code Chapter 7. 3. Please indicate the distance from each structure to existing native vegetation or wild land area. Specifically, indicate the separation between the tree canopy in the CalTrans ROW to the drip line of the east and north walls of the proposed structure. 4. Please show how the proposed plan conforms to the City of Carlsbad Landscape Guidelines by depicting various fire control plantings or management zones which buffer structures from the hazards of undisturbed native vegetation. 5. Please provide a maintenance plan that identifies who will be responsible for periodic fire control maintenance, how it will be accomplished, what maintenance benchmarks or standards are proposed and how they will be documented. 6. An automatic fire sprinkler system is required for this project because: • The project is located on a street that does not meet the minimum street width of 28 feet in a fire hazard zone. • The project is accessed from a private street or driveway less than 24 feet in width. • The project is located on a street, assess roadway or driveway that exceeds the maximum gradient of 10% (5.7 degrees). • The center or the furthest most wall or projection of the dwelling exceeds 150 feet from the "Center-line" ofthe nearest Fire Department access. This distance is measured along a path that stimulates the route a firefighter may take to access all portions of the exterior bf a structure from the nearest public road or fire access road. 7. Please provide notes on all plans submitted for review that indicate that fire sprinklers are required. 8. Submit fire sprinkler plans to the Fire Department for review. 9. A one inch (1") or greater water service and water meter. This is to ensure there is adequate water provided in the event of a fire sprinkler activation during periods of other uses and/or demands (i.e. irrigation). A-0 FILECOPY V (CARLSBAD Community & Economic Development www.carlsbadca.gov July 16, 2014 John P. Jensen Suite 220 130 South Cedros Avenue Solana Beach, CA 92075 SUBJECT: 1st REVIEW FOR CDP 14-13/CDP 14-14-HIRSCHKOFF RESIDENCE Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Division has reviewed your Coastal Development Permits, application nos. CDP 14-13/CDP 14-14, as to its completeness for processing. The application is incomplete, as submitted. Attached are two lists. The first list is information which must be submitted to complete your application. The second list is project issues of concern to staff. In order to expedite the processing of your application, the "incomplete" items and your response to the project issues of concern to Staff must be submitted directly to your staff planner; therefore, please contact your staff planner directly to schedule a re-submittal appointment. As part of your re-submittal package, please prepare and include with your re-submittal: (1) a copy of these lists, (2) a detailed letter summarizing how all identified incomplete items and/or project issues have been addressed; and (3) five (5) sets of revised plans. No processing of your application can occur until the application is determined to be complete. When all required materials are submitted, the City has 30 days to make a determination of completeness. If the application is determined to be complete, processing for a decision on the application will be initiated. In addition, please note that you have six months from the date the application was initially filed, June 17, 2014, to either resubmit the application or submit the required information. Failure to resubmit the application or to submit the materials necessary to determine your application complete shall be deemed to constitute withdrawal of the application, if an application is withdrawn or deemed withdrawn, a new application must be submitted. In order to expedite the processing of your application, you are strongly encouraged to contact your Staff Planner, Austin Silva, at (760) 602-4631, to discuss or to schedule a meeting to discuss your application and to completely understand this letter. You may also contact each commenting department individually as follows: Land Development Engineering Division: David Rick, Associate Engineer, at (760) 602-2781 Landscape Consultant: Mike Elliott, at (760) 944-8463 Sincerely, CHRIS DeCERBO Principal Planner CD:AS:fn c: Joel Hirschkoff, 1483 Coral Way, San Marcos, CA 92078 Don Neu, City Planner David Rick, Project Engineer Chris DeCerbo, Principal Planner Michele Masterson, Senior Management Analyst File Copy Data Entry Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® 14-14 - HIRSCHKOFF RESIDENCE iaHl Page 2 UST OF ITEMS NEEDED TO COMPLETE THE APPLICATION Planning: 1. As proposed, the building does not meet the side yard setback requirements. In order to proceed with the proposed building configuration and site layout, a Variance will need to be applied for. Please submit the Justification for Variance form and pay the Variance fee of $2,786. Because of the unique configuration ofthe lot and environmental constraints, staff is willing to recommend support of a Variance. 2. Pursuantto Section 21.203.040(B)(1) ofthe Carlsbad Municipal Code, the submittal of a topographic map as well as a soils report is required. The topographic map shall be prepared by qualified professionals and identify slopes equal to or greater than 25% gradient. 3. Pursuant to Section 21.203.040(B)(1) of the Carlsbad Municipal Code, a vegetation map is also required to be submitted. It should be prepared by qualified professionals with enough detailed information so that the city can locate the boundary of the wetland and upland areas and to determine where the onsite slopes possess endangered plant/animal species and/or coastal sage scrub and chaparral plant communities. Slopes of 25% and greater possessing sensitive habitat shall be preserved in their natural state unless the application of the policy would preclude reasonable use of the property. 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, and shall be applied in consultation with the State Department of Fish and Wildlife. Minimum setbacks of at least one hundred feet from wetlands/lagoon shall be required in all development, in order to buffer such sensitive habitat from intrusion. Such buffer areas, a? well as other open space areas required in permitted development to preserve habitat areas, shall be permanently preserved for habitat uses through provision of an open space easement as a condition of approval. CDP 14-13/CDP 14-14-HIRSCHKOFF RESIDENCE July 16, 2014 Page 3 ISSUES OF CONCERN Planning: 1. Please place the project number (CDP 14-13/14-14) on the upper right hand corner ofthe plans. 2. Pursuant to the Mello II segment of the Carlsbad Local Coastal Program, Chapter 11-2, Policy 3-1.12, buffers shall be provided between all preserved habitat areas and development. Minimum buffer widths shall be provided as follows: a. 100 ft. for wetlands b. 50 ft. for riparian areas c. 20 ft. for all other native habitats (coastal sage scrub, southern maritime chaparral, maritime succulent scrub, southern mixed chaparral, native grassland, oak woodland) Please plot the buffer areas on the landscape and site plan. Buffer areas that do not contain native habitat shall be landscaped using native plants. Signage and physical barriers such as walls or fences shall be required to minimize edge effects of development. 3. The maximum building height in the R-3 zone is 35 feet. Please reduce the height of the building to 35 feet. Protrusions above the height limit are allowed, but no roof structure or any other space above the height limit prescribed for the zone in which the building is located, shall be allowed for the purpose of providing additional floor space. 4. Please use FEMA's most recent Flood Hazard Map to delineate any Special Flood Hazard Areas. 5. Please revise the title sheet to delete the term "Guest Quarters" and replace it with the term "Second Dwelling Unit." Engineering: 6. Please revise the "Preliminary Storm Water Report" per the enclosed redline comments in the report. 7. Please revise the site plan and preliminary grading plan per the enclosed redlined comments. 8. Please revise the redlined soils report per the enclosed redlined comments. 9. Please revise the redlined soils report dated June 19, 2013 per comments in enclosed report. According to the report, the soils engineer has not reviewed the preliminary grading plan because it was not available at the time the report was prepared. Now that the plan is available, they shall review the plan and provide any new or modified comments, especially as it relates to the proposed narrow side yard drainage, any structural settlement or stability concerns as it relates to the existing 1.5:1 slope, any existing slope stability concerns and restrictions to slope disturbance, and the proposed pervious pavement and its placement next to the structure. 10. Remove all trees proposed within 10 feet ofthe 6 inch sewer easement that crosses the property. CDP 14-13/CDP 14-14 - HIRSCHKOFF RESIDENCE July 16, 2014 Page 4 11. A boundary gap exists between the apex of the subject property and the Jefferson Street right-of- way. Plot the boundary line that separates the 1-5 corridor right-of-way from the developed abutting southwesterly property. 12. Please submit all redlined plans and documents with the next submittal. Landscape: Numbers below are referenced on the red line plans where appropriate for ease in locating the area of the comment concern. 1. Please address landscaping of all areas. 2. Please provide a Maintenance Responsibility Exhibit. The Maintenance Responsibility Exhibit shall be prepared at a scale and size (preferably one sheet) that provides an overall view of the project and shall clearly identify the various areas of landscape maintenance responsibilities (private, common area/homeowners" association (HOA), City, etc). 3. Please label Jefferson Street. 4. The Landscape Manual indicates that landscape plans are to feature ground cover, shrubs, and trees to screen elements of unsightliness and screen/soften new improvements. The Landscape Manual also indicates that landscaping shall be used to accentuate and enhance architecture. Please provide landscaping along the west side of the new structure to both soften and enhance the elevations and to screen views from the adjacent lot. 5. 50% of the shrubs (except on slopes 3:1 or steeper) shall be a minimum 5 gallon size. Please address. 6. Please provide a written description of water conservation features including addressing xeriscape principles (see Appendix A) within the project. 7. Please add a note to plans indicating that a 3" minimum layer of organic mulch shall be added in non-turf planting areas with slopes less steep than 3:1 to cover the soil surface completely. 8. Please revise slope revegetation notes as follows (see bold portions): Slopes - 6:1 or steeper and: a. 3' or less in vertical height and are adjacent to public walks or streets require at minimum Standard #1. b. 3' to 8' in vertical height require Standards #1 (erosion control matting shall be installed in lieu of a cover crop), #2 and #3. c. In excess of 8' in vertical height require Standards #1 (erosion control matting shall be installed in lieu of a cover crop), #2, #3, and #4. 9. Please re-label the portion of the graded areas as fire suppression zone A-l and add these requirements to the fire protection policies on sheet 4 (see commentl2 below). CDP 14-13/CDP 14-14- HIRSCHKOFF RESIDENCE July 16, 2014 Page 5 10. Rosemary is a high fuel species. Please provide a low fuel substitute. 11. Please correct the sheet number. 12. Please revise the notes as follows per the current Landscape Manual: ZONE A-l • Zone A-l shall be measured horizontally 20 feet outward from the outlying edge of any habitable structure(s) or inward from the top of slope. • Planting within Zone A-l shall consist of ground cover or low growing shrubs species (less than three (3) feet in height) known to have fire resistive qualities. • No trees or shrubs (over three (3) feet in height at maturity) shall be allowed. • Irrigation shall be required and maintained. • All attachments to the structure shall be noncombustible. • No solid fuel fire pits or outdoor fire places shall be permitted. ZONE B-l • Zone B-l shall be measured horizontally 20 feet from the outlying edge of any habitable structure(s) toward the native vegetation or inward from the top of slope or edge of native vegetation. • Planting within this area shall consist of ground cover or low growing shrub species (less than three (3) feet in height) known to have fire resistive qualities or as otherwise required by the City. • No trees or shrubs (over three (3) feet in height at maturity) shall be permitted. • Irrigation shall be required and maintained. • All attachments to the structure shall be noncombustible. • No solid fuel fire pits or outdoor fire places shall be permitted. ZONE B-2 • Zone B-2 shall be measured horizontally 20 feet outward from the outlying edge of Zone B-l. • "High fuel" species, as listed in Appendix C, shall be removed. • Up to 50% of the volume of the "moderate fuel" species, as listed in Appendix C, shall be removed by selective pruning. • Planting within this zone shall consist of low fuel species. • Trees and large tree-form shrubs (e.g. Oaks, Sumac, Toyon) which are being retained shall be pruned to provide clearance equal to three (3) times the height of the surrounding understory plant material or six (6) feet, whichever is higher. Dead and excessively twiggy growth shall be removed. • Irrigation shall be required and maintained. • If Zone B-2 crosses over a fence line, a six (6) foot wide strip of modified landscaping shall be provided parallel to the fence line in order to provide access for firefighters. Plants located within the six (6) foot access area shall not exceed a height of 18 inches at maturity. CDP 14-13/CDP 14-14 - HIRSCHKOFF RESIDENCE July 16, 2014 Page 6 ZONE B-3 • Zone B-3 shall be measured horizontally 20 feet outward from the outlying edge of Zone B-2. The outer edge of Zone B-3 shall extend horizontally to a point at least 60 feet from structures. • "High fuel" species, as listed in Appendix C shall be removed. • Up to 50% of the volume of vegetation shall be thinned. Shrubs may be retained provided that they are pruned to a maximum height of four (4) feet. • Trees and tree-like shrubs (e.g. Oaks, Sumac, Toyon) which are being retained shall be pruned to provide clearance equal to three times the height of the surrounding understory plant material or six (6) feet, whichever is higher. Dead and excessively twiggy growth shall also be removed. • Irrigation is not required. 13. It is the applicant's responsibility to secure agreements with owners of adjacent property to modify/mitigate offsite wildland fire hazards to the subject property, so that conformance with the fire protection plan and adopted standards is achieved and maintained. Please review the plans with the Carlsbad Fire Marshall and insure that the fire zones do not extend to the northeast and southwest (off site). Show the extension of the fire zones as appropriate and address fire suppression requirements as needed. Provide documentation ofthe Fire Marshall's decision for cross checking. 14. Maintenance access shall be provided to all fire protection areas. All maintenance access points shall be identified on the recorded drawings and a maintenance access agreement shall be recorded for the subject property. Please show and label the maintenance access points/routes. 15. Please clarify on the plans that debris and trimmings produced by maintenance and thinning shall be removed from the site or shall be converted to mulch by a chipping machine and evenly dispersed over the area to a maximum depth of four (4) inches. 16. Pursuant to the Local Coastal Program, please show a 100 foot buffer from wetlands and a 20 foot buffer from all other native habitats (coastal sage scrub, southern maritime chaparral, maritime succulent scrub, southern mixed chaparral, native grassland, and oak woodland). The buffer areas not containing native habitat shall be landscaped using native plants. 17. RETURN REDLINES and provide 2 copies of all plans (concept, water conservation, fire protection, and colored water use plan) for the next submittal. Please provide a written response to all comments clearly indicating where and how each comment was addressed.