Loading...
HomeMy WebLinkAboutCT 00-13; Tabata; Tentative Map (CT) (2)CITY OF CARLSBAD LAND USE REVIEW APPLICATION 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (FOR DEPARTMENT USE ONLY) (FOR DEPARTMENT USE ONLY) • Administrative Permit - 2nd Dwelling Unit • Planned Industrial Permit • Administrative Variance • Planning Commission Determination Coastal Oevelopment Permit • Precise Development Plan • Conditional Use Permit • Redevelopment Permit • Condominium Permit • Site Development Plan Environmentai Impact Assessment • Speciai Use Permit • General Plan Amendment • Specific Plan • Hillside Development Permit • Tontotivo Porool Map Obtain from Engineering Department m Local Coastal Plan Amendment L(JPf^D004 Tentative Tract Map croa)o/2> • Master Plan • Variance • Non-Residential Planned Development m Zone Change • Planned Development Permit • List other applications not specified 2) ASSESSOR PARCEL NO(S).: 215-040-04 3) PROJECT NAME: Tabata • 4) BRIEF DESCRIPTION OF PROJECT: Tentative Map, Coastal Development Perinit, Zone 5) OWNER NAME {Print or Type) Brehm-Aviara Group, LLC 6) APPLICANT NAME (Print or Type} The Brehm Companies MAILING ADDRESS 5770 Oberlin Drive MAILING ADDRESS 5770 Oberlin Drive CITY AND STATE ZIP TELEPHONE San Diego, CA 92121 (858) 453-3040 CITY AND STATE ZIP TELEPHONE San Diego, CA 92121 (858) 453-3040 1 CERTIFY THAT 1 AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY 1<N0VVi:^DGE. /) 1 CERTIFY THAT 1 AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE"^ DATE SIGNATURE DATE 7) BRIEF LEGAL DESCRIPTION North half of NW 1/4 of the NW 1/4 of the NE 1/4 of Sec. 27, T12S, R4W in the City of Carlsbad NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPUCATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPUCATION BE FILED, MUST BE SUBMITTED PRIOR TO 4:00 P.M. Form 16 0^^00030 PAGE 1 OF 8) LOCATION OF PROJECT: ON THE BETWEEN south STREET ADDRESS SIDE OF Poinsettia Lane (NORTH, SOUTH, EAST, WEST) (NAME OF STREETI Cabela Place AND (NAME OF STREET) Black Rail Road (NAME OF STREET) 9) LOCAL FACILITIES MANAGEMENT ZONE 10) PROPOSED NUMBER OF LOTS 19 1 3) TYPE OF SUBDIVISION 16) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 19) GROSS SITE ACREAGE 22) EXISTING ZONING 17 RES 5.0 L-C 11) NUMBER OF EXISTING RESIDENTIAL UNITS 14) PROPOSED IND OFFICE/ SQUARE FOOTAGE 17) PROPOSED INCREASE IN ADT 20) EXISTING GENERAL PLAN 23) PROPOSED ZONING 1 70 RLM R-1 12) PROPOSED NUMBER OF RESIDENTIAL UNITS 15) PROPOSED COMM SQUARE FOOTAGE 18) PROPOSED SEWER USAGE IN EDU 21) PROPOSED GENERAL PLAN DESIGNATION 17 17 RLM 24) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMEBERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO£MiaY FOR THIS PWflPOSE SIGMATURE FOR CITY USE ONLY FEE COMPUTATION APPLICATION TYPE TOTAL FEE REQUIRED FEE REQUIRED RECEIVED BY: DATE FEE PAID RECEIPT NO. Form 16 PAGE 2 OF Cii% of Carlsbad fi 1635 E?araday Avenue Carlsbad CA 92008 Applicant: THf BREHM COMPANIES Description CT000013 Receipt Numbej:: Rq017202 Transaction Dfete Pay Type^ Payment Method Cash Amount 6. 60 iai4/2000 iDeScription Transaction Amount; |!i2/'14/Q0 0002 Qi CGF" 6. 60 Hit, '1 • f \ City of Carlsbad 1635 Faraday Avenue Carlsbad CA 9200! Applicant: THE BREHM COMPANIES Set Id: S000000425 Description CDP00036 CT000013 LCPA0004 ZC000004 Total: Amount 1,590.00 7,250.00 2, 925 . 0i^75 07/03/00 OOOl 01 02 3, 970.00 C-PRMT 15735.^ 15,735.00 Receipt Number: R0013431 Transaction Date: 07/03/2000 Pay Type Method Payment Check Description Amount 1062 15,735.00 Transaction Amount: 15,735.00 wmmmmmsesmmm CITY OF CARLSBAD ^ 1635 FARA AY AVENUE CARLSBAD, CALli-ORNIA 92008 (760) 602-2401 REC'D FROM 0 'f ^ )V\CA DATE 3I 7of ACCOUNT NO. DESCRIPTION AMOUNT 6hiciJS 0002 Oi -ttfse— Printed on recycled paper. NOT VALID UNLESS VALIDATED BY CASH REGISTER TOTAL 00 JI0^H .^-s^ PROJECT DESCRIPTION/EXPLANATION PROJECT NAME: Tabata APPLICANT NAME: The Brehm Copnoanies 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: This project involves a Tentative Map, Coastal Development Permit, Zone Change and Local Coastal Plan amendment for a 5.0 acre site located within Local Facilities Management Zone 20. The project site is situated between Black Rail Road and Cabela Place, west of the intersection of Docena Road and Cabela Place. TENTATIVE MAP: The proposed Tentative Map would create 17 single-family lots with a minimum lot size of 7,500 square feet. The project site has been used for agricultural purposes in the past and is relatively fiat. The lowest elevation on the site is approximately 350 feet, and the highest elevation is approximable 382 feet. The slopes on this site are all less than 15% and the slope height differentials are negligible. Therefore, since no slope has a gradient of 15% or more and an elevation differential greater than 15 feet, a Hillside Development Permit will not be necessary for this project. The project will involve 23,200 cubic yards of cut and 23,200 cubic yards of fill, resulting in a balanced grading operation and volume of only 4,640 cubic yards per acre. COASTAL DEVELOPMENT PERMIT: The project is located within the Coastal Zone and will therefore require a Coastal Development Permit to subdivide the property and change the zoning designation. ZONE CHANGE: A zone change is necessary to implement the site's RLM General Plan designation. The site is currently zoned L-C and the proposed project will change the zoning to R-1. A zone change for this site to R-1 would make the zoning for the site consistent with the site's current RLM General Plan designation and would be consistent with neighboring development. The adjacent properties to the north and to the east of the site will be developed with single family homes. The area to the west ofthe site, adjacent to Black Rail Road, is currently being use to grow palm trees, and further west is single-family homes. A single family Rev. 10/96 Page 1 of 1 home, along with greenhouses, exists on the property south of and adjacent to the project site, and the area further south is currently being developed with single family homes. LOCAL COASTAL PLAN AMENDMENT: The proposed Local Coastal Plan amendment would revise the Local Coastal Plan to reflect the proposed zone change. The zone change is necessary to implement the site's RLM General Plan designation. The proposed LCP amendment will not require text changes to the LCP nor will it effect other sections ofthe LCP. The zone change itself will implement the proposed LCP amendment. r City of Carlsbad Planning Department DISCLOSURE STATEMENT 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 MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defmed as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organizadon, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other poUtical 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 fmancial interest in the application. If the applicant includes a corporation or partnership, include the names, title, 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_ Title Corp/Part Canterina, LLC Title NA Address Address 5770 Oberlin Drive San Diego, CA 92121 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, title, addresses of all individuals owning more than 10% ofthe 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_ Title NA Corp/Part SEE ATTACHMENT Title Address Address 2075 Las Palmas Dr. • Carlsbad, CA 92009-1576 • (760) 438-1161 • FAX (760) 438-0894 ® iC^IZATION OR TRUST 3. NON-PROFIT ORWrfNIZATION 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 ^A -^^^ Profit/Trust ^ Title Title Address Address 4. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? I I Yes J^^No If yes, please indicate person(s): NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. Signature/ff owner/datj Jack H. Young, Sr. Vice President Jack H. Young, Sr. Vice President Print or type name of owner CV>^1^^^ Print or type name of applicant LB£J^/^^ Sigpature of owner/applicant'o agont if applioable/date Print or type name of owner/applioant'o agont ^^tym-^x w-^- H:ADMIN\C0UNTER\D1SCL0SURE STATEMENT 5/98 Page 2 of 2 CANTERINA, LLC OWNERSHIP attachment to City of Carlsbad Disclosure Statement December 14, 2000 MEMBER PERCENTAGE INTEREST THE BREHM COMPANIES, LLC 50% 5770 Oberlin Drive San Diego, CA 92121-1723 LUMBERMEN'S INVESTMENT CORPORATION 50% 301 Congress Avenue, 15* Floor Austin, Texas 78701 INDIVIDUALS OWNING 10% OR GREATER INTEREST IN CANTERINA, LLC: Forrest W. Brehm Chairman; The Brehm Companies, LLC 5770 Oberlin Drive San Diego, CA92121 Cilv of Carlsbad Planning Department DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part ofthe City Council or any appointed Board, Commission or Committee. The following information MUST 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, fratemai 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, title, 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 NA Com/Part Brehm-Aviara Group, LLC Title Title NA Address Address 5770 Oberlin Drive San Diego, CA 92121 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, title, addresses of all individuals owning more than 10% ofthe 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 NA Corp/Part Brehm-Aviara Group, LLC Title Title NA Address Address 5770 Oberlin Drive San Diego, CA 92121 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 0 3. NON-PROFIT OROT?NIZATION OR TRUST W 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 NA Non Profit/Trust NA Title Title Address ' Address Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? I I Yes [XTNO If yes, please indicate person(s):_ NOTE: Attach additional sheets if necessary. I certity that all the above infonnation is true and correct to the best of my knowledge. Signature of owner/date Signature of applicant/date Print or type name of owner - \] \ "Pft-S i £^r\V name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent H:ADM1N\C0UNTER\DISCL0SURE STATEMENT 5/98 Page 2 of 2 STATEMENT OF AGREEMENT TENTATIVE SUBDIVISION MAP CITY OF CARLSBAD The Subdivision Map Act and the Carlsbad Municipal Code sets a fifty (50) day time restriction on Planning Commission processing of Tentative Maps and a thirty (30) day time limit for City Council action. These time limits can only be extended by the mutual concurrence of the applicant and the City. By accepting applications for Tentative Maps concurrently with appUcations for other approvals which are prerequisites to the map; i.e.. Environmental Assessment. Enviroranental Impact Report. Condominitmi Plan, Planned Unit Development, etc.. the fifty (50) day time limits and the thirty (30) day time limits are often exceeded. If you wish to have your application processed concurrently, this agreement must be signed by the applicant or his agent. If you choose not to sign the statement, the Citv' will not accept your application for the Tentative Map until all prior necessary entitlements have been processed and approved. The imdersigned understands that the processing time required by the City may exceed the time limits, therefore the undersigned agrees to extend the time limits for Planning Commission and City Council action and fully concurs with any extensions of time up to one year from the date the application was accepted as complete to properly review all of the applications. Signature Date Name (Print) Relationship to Application (Property Owner-.Agent) FRM0037 2/96 JUN.30.2002 1:29PM CPRLSBPD UNIF DIST N0.2S3 P.2/2 aHsbad Unified ScJioo! District 801 Pine Avenue • Carlsbad, CA 92008 tt (760) 729-9291 • FAX (760)729-9685. ...a world class district June 29,2000 State of Califomia Department of Real Estate 107 South Broadway, Room 7111 Los Angeles, CA 90012 Re: ProjectName: Tabata Developer; Brehm Homes Location: Black Rail Road, Cabela Place and Docena Road Project Size: 17 single-family lots APN No.: 215-040-04 Carhbad Unified School District has reviewed the above project and its impact on school attendance areas in this District. At fliis time, the schools of attendance for this pioject would probably be: Pacific Rim Elementary School (K-5) 1100 Caraino de las Ondas Carlsbad, CA 92009 (760) 602-6070 Aviara Oaks Middle School (6-8) 6900 Ambrosia Lane Carlsbad, CA 92009 (760) 602-6040 Carlsbad High School (9-12) 3557 Monroe Street Carlsbad, CA 92008 (760) 434-1726 The Governing Board wishes to advise tlie Department of Real Estate and residents of Carlsbad that at present the Carlsbad Unified School District elementary schools we operating at full capacity. It is possible, therefore, that the students generated from this project raay not attend thc closest neighborhood school due to overcrowded conditions and, in fact, may attend school across to^n. You should also be aware that there are no school buses for rcgular student transportation fiam home to school. Thc Governing Board wishes to also inform you that conditions imposed upon new development within the City of Carlsbad requires mitigation of school impacts. Jaicerely, CTceman Assis^t Superintendent, Business Services cc: Hofinan Planning Associates PLEASE NOTE: Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calendar days from the date of application submittal to determine whether an application is complete or incomplete. Within 30 days of submittal of this application you will receive a letter stating whether this application Is complete or Incomplete. If it Is Incomplete, the letter will state what is needed to make this application complete. When the application Is complete, the processing period will stajrLjjpon the date of the completion letter. Applicant Signature: V Staff Signature: Date: To be stapled with receipt to application Copy for file Notice of DeteOnination FILE To: Office ofPlanning and Research P.O. Box 3044 Sacramento, CA 95812 From: CITYOFCARLSBAD Planning Department 1635 Faraday Avenue Carlsbad, CA 92009 (760) 602-4600 County Clerk County of San Diego Mailstop 833, Attn: MITA PO Box 121750 San Diego, CA 92112-1750 Project No: ZC 00-04/LCPA 00-04/CT-OO-l 3/CDP 00-36 Filing of Notice of Determination in compliance with Section 21108 or 21152 ofthe Public Resources Code. TABATA PROPERTY Project Title 2000111157 City of Carlsbad, Van Lynch (760) 602- 4613 State Clearinghouse No. Lead Agency, Contact Person Telephone Number East side of Black Rail Rd, south of Poinsettia Ln, north of Aviara Parkway, Carlsbad, San Diego County, Califomia Project Locations (include County) Project Description: The project consists of a zone change from Limited Control to Residential One Family, 7,500-lot size minimum with a Qualified overlay zone (R-1-7500-Q) and 16 single-family lots with a minimum lot area of 7,500 square feet developed on two cul-de-sac public streets. The site contains no significant habitats as it has been used for agricultural purposes and now lies fallow. Mitigation measures adopted were for property owners notice of adjacent agricultural uses, aircraft impacts and potential paieontological resources. This is to advise that the City of Carlsbad has approved the above described project on February 21, 2001, 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 Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 3. Mitigation measures were made a condition of the approval of the project. 4. A statement of Overriding Considerations was not adopted for this project. 5. Findings were made pursuant to the provisions of CEQA. This is to certify that the final Negative Declaration with comments and responses and record of project approval is available to the General Public at THE CITY OF CARLSBAD. MICHAEL J. HOLZMILIJER, Planning Director Date received for filing at OPR: Date Revised October 1989 Citv of Carlsbad Planning Department MITIGATED NEGATIVE DECLARATION Project Address/Location: Project Description: The project site is located adjacent and east of Black Rail Road and 1500 feet south of future Poinsettia Lane, Carlsbad, California, and is identified by Assessors Parcel Number 215-040-04-00. Proposed Local Coastal Program Amendment and Zone Change to change the land use designation from Limited Control (L-C) to One- Family Residential, 7,500 square foot lot size minimum (R-1-7,500), with a Qualified Overlay Zone(-Q), on a 5.0 acre parcel of land. Also proposed is a Tentative tract map to create 16 residential lots and a Coastal Development Permit. The City of Carlsbad has conducted an envirorunental review of the above described project pursuant to the Guidelines for Implementation of the Califomia Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (EIA Part 2) 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 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 is hereby issued for the subject project. Justification for this action is on file in the Plarming Department. A copy of the Mitigated Negative Declaration with supportive documents is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad CA 92008. Comments fi-om the public are invited. Please submit comments in writing to the Planning Department within 30 days of date of issuance. If you have any questions, please call Van Lynch in the Planning Department at (760) 602-4613. DATED: NOVEMBER 27, 2000 CASENO: ZC 00-04/LCPA 00-04/CT 00-13/CDP 00-36 CASE NAME: TABATA PROPERTY PUBLISH DATE: NOVEMBER 27, 2000 ICHAEL J. H5fci ^/9 MICHAEL J. HOfc^MIL^^R Plarming Director 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us ® CALIFORNIA DEPARTMENT OF FISH AND GAME PO BOX 944209 SACRAMENTO CA 94244-2090 CERTIFICATION OF FEE EXEMPTION De Minimis Impact Finding Project Title/Location (Inciude County): ZC 00-04/LCPA 00-04/CT 00-13/CDP 00-36 - TABATA PROPERTY - Located on the east side of Blackrail Rd, south of Poinsettia Ln, north of Aviara Pkwy, Carlsbad, San Diego County Name and Address of Applicant: Brehm-Aviara, 5770 Oberlin Drive, San Diego, CA 92121-1723 Project Description: The project site is 5.0 acres in size and the development proposes 16 single-family lots with a minimum lot area of 7,500 square feet developed on two cul-de-sac public streets. The site contains no significant habitats as it has been used for agricultural purposes and now lies fallow. Findings of Exemption (attach as necessary): 1. The City of Carlsbad Plarming Department has completed an Environmental Initial Study for the above referenced property, including evaluation of the proposed project's potential for adverse environmental impacts on fish and wildlife resources. 2. Based on the complete Environmental Initial Study, the City of Carlsbad Plaiming Department finds that the proposed project will not encroach upon wildlife habitat area, will have no potential adverse individual or cumulative effects on wildlife resources, and requires no mitigation measures to be incorporated into the proposed project which would affect fish or wildlife. Certification: I hereby certify that the public agency has made the above finding and that the project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. MICHAEL J. HOLZMILLER Planning Director Lead Agency: CITY OF CARLSBAD VLmh Date: ' Section 711,4, Fish and Game Code DFG: 1/91 ECOPY Citv of Carlsbad Planning Department NOTICE OF PUBLIC HEARING COMPLETE DATE: January 17, 2001 DESCRIPTION: Request for a recommendation of approval of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, a Zone Change and Local Coastal Program Amendment to change the land use designations from Limited Control (L-C) to One-family Residential, 7,500 square foot minimum lot size, Qualified Development Overlay Zone (R-1-7,500 - 0) on a 5.0 acre property. This request includes a Tentative Tract Map to create 16 residential lots and a Coastal Development Permit. LOCATION: This project is within the City of Carlsbad's Coastal Zone located on the east side of Black Rail Road and south of future Poinsettia Lane in Local Facilities Management Zone 20. ASSESSOR'S PARCEL NUMBER: 215-040-04 APPLICANT: The Brehm Co. 5770 Oberlin Drive San Diego, CA 92121 A public hearing on the above proposed project will be held by the Planning Commission in the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, on January 17, 2001 at 6:00 p.m. Persons are cordially invited to attend the public hearing and provide the decision makers with any oral or written comments they may have regarding the project. The project will be described and a staff recommendation given, followed by public testimony, questions and a decision. Copies of the staff report will be available on or after January 11, 2001. If you have any questions, or would like to be notified of the decision, please contact Van Lynch at the City of (5arlsbad Planning Department, Monday through Thursday 7:30 a.m. to 5:30 p.m., Friday 8:00 a.m. to 5:00 p.m. at 1635 Faraday Avenue, Carlsbad, California 92008, (760) 602- 4613. 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us APPEALS The time within which you may judicially challenge this Zone Change, Local Coastal Program Amendment, Tentative Tract Map, and Coastal Development Permit if approved, is established by state law and/or city ordinance, and is very short. If you challenge the Zone Change, Local Coastal Program Amendment, Tentative Tract Map, and Coastal Development Permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad prior to the public hearing. 1. 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. 2. Coastal Commission Appealable Project: I I This site is located within the Coastal Zone Appealable Area. ^ This site is not located within the Coastal Zone Appealable Area. Where the decision is appealable to the Coastal Commission, appeals must be filed with the Coastal Commission within ten (10) working days after the Coastal Commission has received a Notice of Final Action from the City of Carlsbad. Applicants will be notified by the Coastal Commission of the date that their appeal period will conclude. The San Diego office of the Coastal Commission is located at 7575 Metropolitan Drive, Suite 103, San Diego, California 92108-4402. CASE FILE: ZC 00-04/LCPA 00-04/CT 00-13/CDP 00-36 CASE NAME: TABATA PROPERTY PUBLISH: JANUARY 4, 2001 srrE TABATA PROPERTY ZC 00-04/LCPA 00-04/ CT 00-13/CDP 00-36 MUROYA PO BOX 131016 CARLSBAD CA 92013-1016 YUJIRO T Sc A YAMAMOTO 12 01 VIA LA JOLLA SAN CLEMENTE 92672-2344 CHARITABLE R BUERGER PO BOX 3033 CARLSBAD CA 92 009-0033 CANTERINA LLC 401 B ST 1700 SAN DIEGO CA 92101 BREHM-AVIARA GROUP LLC 5770 OBERLIN DR SAN DIEGO CA 92121 BREHM-AVIARA' III DEVELO 2 83 5 CAMINO DEL RIO S 2 SAN DIEGO CA 92108-3825 BREHM-AVIARA GBetJP LLC 5770 OBERI,li^rm SAN DLEeOCA 92121 BREHM-AVIARA III DEVELO 5770 OBERLIN DR SAN DIEGO CA 92121-1723 RYLAND HOMES OF CALIFOR 153 73 INNOVATION DR 3 00 SAN DIEGO CA 92128-3426 RYLAND HOMES OEXTALI FOR 15373 INNpVAflON DR 300 CA 92128-3426 SAN GUY S MOORE 6602 BLACK RAIL RD CARLSBAD CA 92009-2603 BREHM-AVIARA IITj:«VE!Lb 2 83 5 CAMINOJi^BrTRIO S 2 SAN DIEQCCA 92108-3825 *** 12 Printed *** / V' CA COASTAL COMMISSION SUITE 103 7575 METROPOLITAN DRIVE SAN DIEGO CA 92108-4402 A notice has been mailed to ali property owners/occupants listed herein. / Date: //yo^ Signature: Y CURRENT RESIDENT 6521 EL CAMINO REAL CARLSBAD CA 92009-2804 *** 1 Printed *** T W SMITH ESQ SUITE 200 2170 EL CAMINO REAL OCEANSIDE CA 92054 CLERK NO COUNTY SUPERIOR COURT CASE NO N69883 325 SO MELROSE DR VISTA CA 92083 GUY MOORE JR 6503 EL CAMINO REAL CARLSBAD CA 92009 NED GOOD #600 70 S LAKE AVE PASADENA CA 91101-2601 NOTir^OF PUBLIC HEARING COUNTY^^ERK FjfF nflPY Mailto:CountyClerk, County of San Diegf); Mailstop 833, POBox 121750, SanDiego, C'S^2112 " **mSm UUI I Response must be received by: Januarv 17. 2001 Project Title: Tabata Propertv - ZC 00-04/LCPA 00-04/CT 00-13/CDP 00-36 Lead Agency: CITY OF CARLSBAD Contact Person: Van Lynch Stteet Address: 1635 FARADAY AVENUE Phone: (760) 602-46IBCitv: CARLSBAD Zip: 92009 COUNTY County: SAN DIEGO PROJECT LOCATION: County: San Diego City/Nearest Community: Carlsbad Cross Streets: Black Rail Rd and Orchidia Total Acres: 5.0 Assessor's Parcel No. 215-040-04 Section: 27 Twp. 12 south Range: 4 west Base: San Bemardino Within 2 Miles: State Hwy #: 1-5 Waterways: Pacific Ocean Airports: McCLELLAN/PALOMAR Railways: NCTD Schools: Aviara Oaks Elementarv DOCUMENT TYPE: CEQA: • NOP I I Early Cons ^ Neg Dec • Draft EIR n Supplement/Subsequent • EIR (Prior SCH No.) • Other: NEPA: • NOI • EA • Draft EIS • FONSI OTHER: • Joint Document I I Final Document • Other: LOCAL ACTION TYPE: • General Plan Update • I I General Plan Amendment Q I I General Plan Element Q I I Community Plan Q Specific Plan Master Plan Planned Unit Development Site Plan ^ Rezone I I Prezone • Use Permit ^ Land Division (Subdivision, Parcel Map, Tract Map, etc.) I I Annexation I I Redevelopment ^ Coastal Permit ^ Other: Local Coastal Program Amendment DEVELOPMENT TYPE: Residential: Units 16 Acres 5 • Water Facilities: Type MGD Office: Sq. Ft. Acres Employees • Transportation: Type Commercial: Sq. Ft. Acres Employees • Mining: Mineral Industrial: Sq. Ft. Acres Employees • Power: Tvoe Watts Educational: • Waste Treatment: Type Recreational: • Hazardous Water: Type • Other: PROJECT ISSUES DISCUSSED IN DOCUMENT: • Aesthetic/Visual • Flood Plain/Flooding • Schools/Universities • Water Quality • Agricultural Land • Forest Land/Fire Hazard • Septic Systems • H2O Supply/Ground H2O Air Quality • Geological/Seismic • Sewer Capacity • Wetland/Riparian • Archaeological/Historical • Minerals • Soil Erosion/Compaction/Grading • Wildlife • Coastal Zone Noise • Solid Waste • Growth Inducing • Drainage/Absorption • Population/Hsg. Balance Toxic/Hazardous • Land Use • Economic/Jobs • Public Services/Facilities Traffic/Circulation • Cumulative Effect • Fiscal • Recreation/Parks IEI Vegetation Other: Paleontoloev Present Land Use/Zoning/General Plan Use Vacant fallow agricultural land / Limited Control (exclusively agricultural) / Residential Low-Medium (0-4 DUP A) Project Description: The project site is 5.0 acres in size and is located on the east side of Black Rail Road and 1,500 feet south of future Poinsettia Lane. The project consists of 16 single-family lots with a minimum lot area of 7,500 square feet developed on two cul-de-sac public streets. The site contains no significant habitats as it has been used for agricultural purposes and now lies fallow. The topography onsite consists of a ridge that trends north and south in the center of the property. The high point is 381.6 feet above mean sea level (AMSL) and drops to 348 feet AMSL to the west and 358 feet AMSL to the east. The project will require an export of 22,700 cubic yards of export soil material. Where documents are located for Public Review: Community Development Center, 1635 Faraday Avenue, Carlsbad, CA 92008 February 2000 1 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 ZC 00-04/LCPA 00-04/CT 00-13/CDP 00-36 TABATA PROPERTY APPLICANT OR APPLICANT'S REPRESENTATIVE BY: DATE: IP//i4 RECEIVED BY DATE: ITAQ-^CQ NOTICE OF COMPLETION/ Mail to: State Clearinghouse, P. O. Box SoVff Sacramento, CA 95812 - (916) 445-0613 Project Title: Tabata Propertv - ZC 00-04/LCPA 00-04/CT 00-13/CDP 00-36 Lead Agency: CITY OF CARLSBAD Contact Person: Van Lvnch See NOTE Below: SCH# Sfreet Address: 1635 FARADAY AVENUE Phone: (760) 602-4613Citv: CARLSBAD Zip: 92009 COUNTY County: SAN DIEGO PROJECT LOCATION: County: San Diego City/Nearest Conimunity: Carlsbad Cross Stteets: Black Rail Rd and Orchidia Total Acres: 5.0 Assessor's Parcel No. 215-040-04 Section: 27 Twp. 12 south Range: 4 west Base: San Bemardino Within 2 Miles: State Hwy #: 1-5 Waterways: Pacific Ocean Airports: McCLELLAN/PALOMAR Railways: NCTD Schools: Aviara Oaks Elementarv DOCUMENT TYPE: CEQA: • NOP Q Early Cons ^ Neg Dec • Draft EIR [~| Supplement/Subsequent • EIR (Prior SCH No.) • Other: NEPA: • NOI • EA • Draft EIS • FONSI OTHER: Q Joint Document I I Final Document • Other: LOCAL ACTION TYPE: • General Plan Update Q r~l General Plan Amendment Q • General Plan Element • r~l Community Plan []]] Specific Plan ^ Master Plan Q Planned Unit Development Q Site Plan ^ Rezone Prezone Use Permit Land Division (Subdivision, Parcel Map, Tract Map, etc.) I I Annexation I I Redevelopment ^ Coastal Permit ^ Other: Local Coastal Program Amendment DEVELOPMENT TYPE: Residential: Units 16 Acres 5 • Water Facilities: Tvpe: MGD • Office: Sq. Ft. Acres Employees • Transportation: Type • Commercial: Sq. Ft. Acres Employees • Mining: Mineral • Industrial: Sq. Ft. Acres Employees • Power: Tvpe Watts • Educational: • Waste Treatment: Type • Recreational: • Hazardous Water: Type • Other: PROJECT ISSUES DISCUSSED EV DOCUMENT: • Aesthetic/Visual • Flood Plain/Flooding • Schools/Universities • Water Quality • Agricultural Land • Forest Land/Fire Hazard • Septic Systems • H2O Supply/Ground H2O Air Quality • Geological/Seismic • Sewer Capacity • Wetland/Riparian • Archaeological/Historical • Minerals • Soil Erosion/Compaction/Grading • Wildlife • Coastal Zone Noise • Solid Waste • Growth Inducing • Drainage/Absorption • Popuiation/Hsg. Balance Toxic/Hazardous • Land Use • Economic/Jobs • Public Services/Facilities Traffic/Circulation • Cumulative Effect • Fiscal • Recreation/Parks Vegetation la Other: Paleontoloev Present Land Use/Zoning/General Plan Use Vacant fallow agricultural land / Limited Control (exclusively agricultural) / Residential Low-Medium (0-4 DUP A) Project Description: TTie project site is 5.0 acres in size and is located on the east side of Black Rail Road and 1,500 feet south of future Poinsettia Lane. The project consists of 16 single-family lots with a minimum lot area of 7,500 square feet developed on two cul-de-sac public streets. The site contains no significant habitats as it has been used for agricultural purposes and now lies fallow. The topography onsite consists of a ridge that trends north and south in the center ofthe property. The high point is 381.6 feet above mean sea level (AMSL) and drops to 348 feet AMSL to the west and 358 feet AMSL to the east. The project will require an export of 22,700 cubic yards of export soil material. NOTE: Clearinghouse will assign identification numbers for all new projects. Preparation or previous draft document) please fill it in. If a SCH number already exists for a project (i.e., from a Notice of Revised October 1989 o SITE FROM: L-C TO: R-1-Q TABATA PROPERTY LCPA 00-04 Citv of Carlsbad Planning Department MITIGATED NEGATIVE DECLARATION Project Address/Location: The project site is located adjacent and east of Black Rail Road and 1500 feet south of future Poinsettia Lane, Carlsbad, Califomia, and is identified by Assessors Parcel Number 215-040-04-00. Project Description: Proposed Local Coastal Program Amendment and Zone Change to change the land use designation from Limited Control (L-C) to One- Family Residential, 7,500 square foot lot size minimum (R-1-7,500), with a Qualified Overlay Zone(-Q), on a 5.0 acre parcel of land. Also proposed is a Tentative tract map to create 16 residential lots and a Coastal Development Permit. The City of Carlsbad has conducted an environmental review of the above described project ptirsuant to the Guidelines for Implementation of the Califomia Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (EIA Part 2) identified potentially significant effects on the enviroimient, but (1) revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed 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 of the whole record before the City that the project "as revised" may have a significant effect on the environment. Therefore, a Mitigated Negative Declaration is hereby issued for the subject project. Justification for this action is on file in the Planning Department. A copy of the Mitigated Negative Declaration with supportive documents is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad CA 92008. Comments from the public are invited. Please submit comments in writing to the Planning Department within 30 days of date of issuance. If you have any questions, please call Van Lynch in the Planning Department at (760) 602-4613. DATED: NOVEMBER 27, 2000 CASE NO: ZC 00-04/LCPA 00-04/CT 00-13/CDP 00-36 CASE NAME: TABATA PROPERTY PUBLISH DATE: NOVEMBER 27, 2000 MICHAEL J. HOLz Planning Director IL: 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us ® ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART II (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASENO: ZC 00-04/LCPA 00-04/CT 00-13/CDP 00-36 DATE: November 16. 2000 BACKGROUND 1. 2. 3. 4. 5. CASENAME: Tabata Propertv APPLICANT: Brehn-Aviara Group. L.L.C. ADDRESS AND PHONE NUMBER OF APPLICANT: 5770 Oberlin Drive. San Diego CA 92121. 858-404-9721 DATE EIA FORM PART I SUBMITTED: Julv 3. 2000 PROJECT DESCRIPTION: Proposed Local Coastal Program Amendment and Zone Change to change the land use designation from Limited Control (L-C) to One-Family Residential. 7.500 square foot lot size minimum (R-1-7.500). with a Qualified Overlav Zone (-0). on a 5.0 acre parcel of land. Also proposed is a tentative tract map to create 16 residential lots and a Coastal Development Permit. The proiect site is located adiacent and east of Black Rail Road and 1500 feet south of future Poinsettia Lane and is identified by Assessors Parcel Number 215-040-04-00. SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The summary of environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact," or "Potentially Significant Impact Unless Mitigation Incorporated" as indicated by the checklist on the following pages. I I Land Use and Planning I I Population and Housing I I Geological Problems • water Air Quality Transportation/Circulation Public Services I I Biological Resources Utilities & Service Systems I I Energy & Mineral Resources Aesthetics I I Hazards I I Noise I I Cultural Resources I I Recreation ^ Mandatory Findings of Significance Rev. 03/28/96 DETERMINATION. (To be completed by the Lead Agency) I I I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I I I fmd that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. I I I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. X I fmd that the proposed project MAY have significant effect(s) on the environment, but at least one potentially significant effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. A Mitigated Negative Declaration is required, but it must analyze only the effects that remain to be addressed. I I I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier Master Environmental Impact Review (MEIR 93-01) pursuant to applicable standards and (b) have been voided or mitigated pursuant to that earlier Master Environmental Review (MEIR 93-01), including revisions or mitigation measures that are imposed upon the proposed project. Therefore, a Notice of Prior Compliance has been prepared. Planner Sismature Date Planning Directol*^ Sign&ttire Date Rev. 03/28/96 ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. • A brief explanation is required for all answers except "No Impact" answers that are adequately supported by an information source cited in the parentheses following each question. A "No Impacf answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved. A "No Impact" answer should be explained when there is no source document to refer to, or it is based on project-specific factors as well as general standards. • "Less Than Significant Impact" applies where there is supporting evidence that the potential impact is not adversely significant, and the impact does not exceed adopted general standards and policies. • "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect firom "Potentially Significant Impact" to a "Less Than Significant Impact." The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. • "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. • Based on an "EIA-Part II", if a proposed project could have a potentially significant effect on the environment, but al] potentially significant effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required (Prior Compliance). • When "Potentially Significant Impact" is checked the project is not necessarily required to prepare an EIR if the significant effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a "Statement of Overriding Considerations" has been made pursuant to that earlier EIR. Rev. 03/28/96 • A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant effect on the environment. • If there are one or more potentially significant effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce impacts to less than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate "Potentially Significant Impact Unless Mitigation Incorporated" may be checked and a Mitigated Negative Declaration may be prepared. • An EIR must be prepared if "Potentially Significant Impact" is checked, and including but not limited to the following circumstances: (1) the potentially significant effect has not been discussed or mitigated in an Earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the impact to less than significant; (2) a "Statement of Overriding Considerations" for the significant impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the impact to less than significant, or; (4) through the EIA-Part II analysis it is not possible to determine the level of significance for a potentially adverse effect, or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of significance. A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts which would otherwise be determined significant. Rev. 03/28/96 Issues (and Supporting Information Sources). I. LAND USE AND PLANNHsfG. Would the proposal:. a) Conflict with general plan designation or zoning? (Source #(s): (#l:Pgs 5.6-1 - 5.6-18; #2: Pgs III-74 - III -87) b) Conflict with applicable enviromnental plans or policies adopted by agencies with jurisdiction over the project? (#l:Pgs 5.6-1 - 5.6-18; #2: Pgs III-74 - III -87) c) Be incompatible with existing land use in the vicinity? (#l:Pgs 5.6-1 - 5.6-18; #2: Pgs III -74 - III -87) d) Affect agricultural resources or operations (e.g. impacts to soils or farmlands, or impacts from incompatible land uses)? (#1: Pgs 5.6-1 - 5.6-18; #2: Pgs III-74 - III - 87) e) Disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? (#l:Pgs 5.6-1 - 5.6-18; #2: III - 74 - III -87) II. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? (#l:Pgs 5.5-1 - 5.5-6; #2: IV-1) b) Induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? (#l:Pgs 5.5-1 - 5.5-6; #2: IV-1) c) Displace existing housing, especially affordable housing? (#l:Pgs 5.5-1 - 5.5-6) III. GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: a) Fauh rupture? (#I:Pgs 5.1-1 - 5.1-15; #2: Pgs III-112 - III-118; #3) b) Seismic ground shaking? (#l:Pgs 5.1-1 - 5.1-15; #2: PgsIII-112-III-118;#3) c) Seismic ground failure, including liquefaction? ((#l:Pgs 5.1-1 - 5.1.15; #2: Pgs III-112 - III-l 18; #3) d) Seiche, tsunami, or volcanic hazard? (#l:Pgs 5.1-1 - 5.1-15;#2: t>gs III-112 - III-l 18; #3) e) Landslides or mudflows? (#l:Pgs 5.1-1 - 5.1-15; #2: Pgs III-l 12-III-l 18; #3) f) Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? (#l:Pgs 5.1-1 - 5.1-15; #2: Pgs III-112 - III -118; #3) g) Subsidence ofthe land? (#l:Pgs 5.1-1 - 5.1-15; #2: Pgs III-112-III-l 18; #3) h) Expansive soils? (#l:Pgs 5.1-1 - 5.1-15; #2: Pgs 111-112 -III-118; #3) i) Unique geologic or physical features? (#l:Pgs 5.1-1 - 5.1-15; #2:Pgs III -112 - III -118; #3) Potentially Potentially Less Than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated • • • X • • • X • • • X • • • X • • • X • • • X • • • X • • • X • • • X • • • X • • • X • • • X • • • X • • • X • • n X • • • X • • • X Rev. 03/28/96 ^^^^ Issues (and Supporting Information Sources). Potentially Potentially Significant Significant Impact Unless Mitigation Incorporated Less Than No Significant Impact Impact IV. WATER. Would the proposal result in: a) Changes in absorption rates, drainage pattems, or the rate and amount of surface runoff? (#l:Pgs 5.2-1 - 5.2- 11; #6) b) Exposure of people or property to water related hazards such as flooding? ((#l:Pgs 5.2-1 - 5. 2-11; #5) c) Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? ((#l:Pgs 5.2-1 - 5. 2-11; #5) d) Changes in the amount of surface water in any water body? ((#l:Pgs 5.2-1 - 5. 2-11; #5) e) Changes in currents, or the course or direction of water movements? ((#l:Pgs 5.2-1 - 5.2-11; #5) f) Changes in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? ((#l:Pgs 5.2-1 - 5.2-11; #5) g) Ahered direction or rate of flow of groundwater? ((#l:Pgs5.2-l -5.2-ll;#5) h) Impacts to groundwater quality? ((#l:Pgs 5.2-1 - 5. 2- 11; #5) i) Substantial reduction in the amount of groundwater otherwise available for public water supplies? (#l:Pgs 5.2-1-5.2-11) V. AIR QUALITY. Would the proposal: a) Violate any air quality standard or conttibute to an existing or projected air quality violation? (#l:Pgs 5.3- 1 - 5.3-12; #2: Pgs 28-36) b) Expose sensitive receptors to pollutants? (#l:Pgs 5.3-1 - 5.3-12; #2: Pgs 28-36) c) Alter air movement, moisture, or temperature, or cause any change in climate? (#l:Pgs 5.3-1 - 5.3-12; #2: Pgs 28-36) d) Create objectionable odors? (#l:Pgs 5.3-1 - 5.3-12; #2: Pgs 28-36) VI. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle ttips or fraffic congestion? (#l:Pgs 5.7-1 - 5.7.22; #2: Pgs 111-58 - III-69) b) Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? (#l:Pgs 5.7-1 - 5.7.22; #2: Pgs III-58 - III-69) c) Inadequate emergency access or access to nearby uses? (#l:Pgs 5.7-1 - 5.7.22; #2: Pgs 111-58 - III-69) d) Insufficient parking capacity on-site or off-site? (#l:Pgs 5.7-1 - 5.7.22; #2: Pgs III-58 - III-69) e) Hazards or barriers for pedesfrians or bicyclists? (#l:Pgs 5.7-1 - 5.7.22; #2: Pgs III-58 - III-69) • • • X • • • X • • • X • • • X • • • X • • • X • • • X • • • X • • • X X • • • • • • X • • • X • • • X • • • • • • • • • X • • • X • • • X Rev. 03/28/96 Issues (and Supporting Information Sources). f) Conflicts with adopted policies supporting altemative ttansportation (e.g. bus tumouts, bicycle racks)? (#l:Pgs 5.7-1 - 5.7.22; #2: Pgs III-58 - III-69) g) Rail, waterbome or air ttaffic impacts? (#l:Pgs 5.7-1 - 5.7.22; #2: Pgs III-58 - III-69) VII. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds)? (#l:Pgs 5.4-1 - 5.4-24; #2: Pgs III-37 - III-57;) b) Locally designated species (e.g. heritage ttees)? (#l:Pgs 5.4-1 - 5.4-24; #2: Pgs III-37 - III-57;) c) Locally designated natural commimities (e.g. oak forest, coastal habitat, etc.)? (#l:Pgs 5.4-1 - 5.4-24; #2: Pgs III-37 - III-57;) d) Wetland habitat (e.g. marsh, riparian and vemal pool)? (#l:Pgs 5.4-1 - 5.4-24; #2: Pgs III-37 - III-58;) e) Wildlife dispersal or migration corridors? (#1 :Pgs 5.4-1 - 5.4-24; #2: Pgs III-37 - III-57;) Potentially Significant Impact • Potentially Significant Unless Mitigation Incorporated • Less Than Significant Impact No Impact • H • • • X • • • X • • • X • • • X • • • X • • • X VIII. ENERGY AND MINERAL RESOURCES. Would the proposal? a) Conflict with adopted energy conservation plans? (#l:Pgs 5.12.1-1 - 5.12.1-5 & 5.13-1 - 5.13-9) b) Use non-renewable resources in a wastefiil and inefficient manner? (#I:Pgs 5.12.1-1 -5.I2.I-5 & 5.13- 1-5.13-9) c) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents ofthe State? (#l:Pgs 5.12.1-1 - 5.12.1-5 & 5.13-1 -5.13-9) • • • X • • • X • • • X IX. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of hazardous Fn | [ [ [ substances (including, but not limited to: oil, pesticides, chemicals or radiation)? (#I:Pgs 5.10.1-1 - 5.10.1-5) b) Possible interference with an emergency response plan [ | | [ [ | or emergency evacuation plan? (#l:Pgs 5.10.1-1 - 5.10.1-5) c) The creation of any health hazard or potential health I 1 I I I I hazards? (#l:Pgs 5.10.1-1 - 5.10.1-5; #2: Pgs III-97 - '—' '—' '—' III-105; #5) d) Exposure of people to existing sources of potential I I | I | | health hazards? (#l:Pgs 5.10.1-1 - 5.10.1-5; #2: Pgs '—' '—' '—' m-97-III-105;#5) e) Increase fire hazard in areas with flammable bmsh, I I I I I 1 grass, or ttees? (#l.Pgs 5.10.1-1-5.10.1-5) '—' '—' '—' X. NOISE. Would the proposal result in: a) Increases in existing noise levels? (#l:Pgs 5.9-1 15; #2: Pgs III-88 - III-96) 5.9-• • • S Rev. 03/28/96 Issues (and Supporting Information Sources). b) Exposure of people to severe noise levels? (#l:Pgs 5.9- 1 - 5.9-15; #2: Pgs III-88 - III-96) Potentially Significant Impact • Potentially Significant Unless Mitigation Incorporated • Less Than Significant Impact No Impact • m XI. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered govemment services in any of the following areas: a) Fire protection? (#l:Pgs 5.12.5-1 - 5.12.5-6) b) Police protection? (#l:Pgs 5.12.6-1 - 5.12.6-4) c) Schools? (#l:Pgs 5.12.7.1 - 5.12.7-5) d) Maintenance of public facihties, including roads? (#1, pgs 5.12.1-1 -5.12.8-7) e) Other govemmental services? (#l:Pgs 5.12.1-1 - 5.12.8-7) XII. UTILITIES AND SERVICES SYSTEMS. Would the proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: a) Power or nattiral gas? (#l:Pgs 5.12.1-1 - 5.12.1-5 & 5.13-1-5.13-9) b) Communications systems? (# 1; pgs 5.12.1-1 - 5.12.8-7) c) Local or regional water tteatment or distribution facilities? (#l:Pgs 5.12.2-1 - 5.12.3-7) d) Sewer or septic tanks? (#l:Pgs 5.12.3-1 - 5.12.3-7) e) Storm water drainage? (#1 :Pg 5.2-8) f) Solid waste disposal? (#l:Pgs 5.12.4-1 - 5.12.4-3) g) Local or regional water supplies? (#l:Pgs 5.12.2-1 - 5.12.3-7) XIII. AESTHETICS. Would the proposal: a) Affect a scenic or vista or scenic highway? (#l:Pgs 5.11-1 -5.11-5; #2: Pgs III-l 19 - III-151) b) Have a demonsttate negative aesthetic effect? (#l:Pgs 5.11-1 - 5.11-5; #2: Pgs III-l 19 - III-151) c) Create light or glare? (#l:Pgs 5.11-1 - 5.11-5; #2: Pgs III-119-III-151) XIV. CULTURAL RESOURCES. Would the proposal: a) Disturb paieontological resources? (#l:Pgs 5.8-1 - 5.8- 10; #2: Pgs III-106 - III-107) b) Disturb archaeological resources? (#l:Pgs 5.8-1 - 5.8- 10; #2: Pgs III-70 - III-73) c) Affect historical resources? (#l:Pgs 5.8-1 - 5.8-10; #2: Pgs III-70 - III-73) d) Have the potential to cause a physical change which would affect unique ethnic cultural values? (#l:Pgs 5.8-1 - 5.8-10; #2: Pgs III-70 - III-73) e) Resttict existing religious or sacred uses within the potential impact area? (#l:Pgs 5.8-1 - 5.8-10; #2: Pgs III-70 - III-73) • • • X • • • X • • • X • • • X • • • X • • • X • • • X • • • X • • • X • • n X • • • X • • • X • • • X • • • X • • • X • • • • • • • • • X • • • X • • • X Rev. 03/28/96 Issues (and Supporting Information Sources). XV. RECREATIONAL. Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreational facilities? (#l:Pgs 5.12.8-1 - 5.12.8-7) b) Affect existing recreational opportunities? (#l:Pgs 5.12.8-1-5.12.8-7) Potentially Significant Impact • • Potentially Less Than No Significant Significant Impact Unless Impact Mitigation Incorporated • • • H • m XVI. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or resttict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of Califomia history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in comiection with the effects of past projects, the effects of other current projects, and the effects of probable fiiture projects)? c) Does the project have environmental effects which will cause the substantial adverse effects on human beings, either directly or indirectly? • • • • • • • • • B Rev. 03/28/96 XVII. EARLIER ANALYSES. Earlier analysis of this proposed single-family residential project has been completed through the General Plan Update (GPA 94-01) and related Master Environmental Impact Report (MEIR 93- 01). The MEIR is cited as source #1 in the preceding checklist. This proposal is consistent with the applicable portions of the General Plan and is considered a project that was described in MEIR 93-01 as within its scope. All feasible mitigation measures identified in MEIR 93-01 which are appropriate to the project have been incorporated into this project. An MEIR may not be used to review projects ifit was certified more than five years prior to the filing of an application for a later project except under certain circumstances. The City is currently reviewing the 1994 MEIR to determine whether it is still adequate to review subsequent projects. Although the MEIR was certified more than five years ago, the City's preliminary review of its adequacy finds that no substantial changes have occurred with respect to the circumstances under which the MEIR was certified. The only potential changed circumstance, the intersection failure at Palomar Airport Rd. and EI Camino Real, is in the process of being mitigated to below a level of significance. Additionally, there is no new available information, which was not known and could not have been known at the time the MEIR was certified. Therefore, the MEIR remains adequate to review later projects. All feasible mitigation measures identified by the MEIR which are appropriate to this project have been incorporated into the project. The project site is located in an area which is subject to the requirements of the Zone 20 Specific Plan approved by the City Council in 1994. A program EIR was certified for the Zone 20 Specific Plan. The Zone 20 Program EIR identified, analyzed, and recommended mitigation to reduce potentially significant impacts to insignificant levels. The Zone 20 Program EIR (PEIR) analyzed potential impacts to agriculture, air quality, biology, circulation, land use, noise, pesticide residue, paleontology, public facilities financing, soils/geology, and visual aesthetics that could result fi"om the development ofthe Specific Plan area. The Program EIR is intended to be used in the review of subsequent projects within Zone 20. The project incorporates the required Zone 20 Program EIR mitigation measures, and through the analysis of the required additional biological, geotechnical, hydrology, and noise analysis a determination has been made that no additional significant impacts beyond those identified and mitigated by the Program EIR will result from this project. The following environmental evaluation briefly explains the basis for this determination along with identifying the source documents which support the environmental determination. The Zone 20 Program EIR and additional technical studies are cited as source documents for this environmental evaluation. 10 Rev. 03/28/96 DISCUSSION OF ENVIRONMENTAL EVALUATION I. PROJECT DESCRIPTION/ENVIRONMENTAL SETTING The project site is 5.0 acres in size and is located on the east side of Black Rail Road and 1,500 feet south of fixture Poinsettia Lane. The project consists of 16 single-family lots with a minimum lot area of 7,500 square feet developed on two cul-de-sac public streets. The site contains no significant habitats as it has been used for agricultural purposes and now lies fallow. The topography onsite consists of a ridge that trends north and south in the center ofthe property. The high point is 381.6 feet above mean sea level (AMSL) and drops to 348 feet AMSL to the west and 358 feet AMSL to the east. The project will require an export of 22,700 cubic yards of export soil material. The entire 5.0 site is designated as Residential Low-Medium Density (RLM 0-4 DU/AC) on the General Plan Land Use Map. The project site is zoned Limited Control (L-C). A zone change and local coastal program amendment are proposed to designate the site as One-Family Residential, 7,500 square foot minimum lot size, Qualified Development Overlay Zone (R-l-Q) to correspond to the existing general plan land use designations. In addition to approval of the tentative map application a coastal development permit is being requested. II. ENVIRONMENTAL ANALYSIS A. Environmental Impact Discussion V. a) Air Quality The implementation of projects that are consistent with and included in the updated 1994 General Plan will result in increased gas and electric power consumption and vehicle miles traveled. These subsequently result in increases in the emission of carbon monoxide, reactive organic gases, oxides of nitrogen and sulfijr, and suspended .particulates. These aerosols are the major contributors to air pollution in the City as well as in the San Diego Air Basin. Since the San Diego Air Basin is a "non-attainment basin", any additional air emissions are considered cumulatively significant: therefore, continued development to build-out as proposed in the updated General Plan will have cumulative significant impacts on the air quality of the region. To lessen or minimize the impact on air quality associated with General Plan build-out, a variety of mitigation measures are recommended in the Final Master EIR. These include: 1) provisions for roadway and intersection improvements prior to or concurrent with development; 2) measures to reduce vehicle trips through the implementation of Congestion and Transportation Demand Management; 3) provisions to encourage altemative modes of transportation including mass transit services; 4) conditions to promote energy efficient building and site design; and 5) participation in regional growth management strategies when adopted. The applicable and appropriate General Plan air quality mitigation measures have either been incorporated into the design ofthe project or are included as conditions ofproject approval. Operation-related emissions are considered cumulatively significant because the project is 11 Rev. 03/28/96 located within a "non-attainment basin", therefore, the "Initial Study" checklist is marked "Potentially Significant Impact". This project is consistent with the General Plan, therefore, the preparation of an EIR is not required because the certification of Final Master EIR 93-01, by City Council Resolution No. 94-246, included a "Statement Of Overriding Considerations" for air quality impacts. This "Statement Of Overriding Considerations" applies to all projects within the scope of the General Plan's Final Master EIR, including this project, therefore, no further environmental review of air quality impacts is required. This document is available at the Planning Department. VI. a) Transportation/Circulation The implementation of projects that fall within the scope of and are included in the updated 1994 General Plan will result in increased traffic volumes. Roadway segments will be adequate to accommodate build-out traffic; however, 12 full and 2 partial intersections will be severely impacted by regional through-traffic over which the City has no jurisdictional control. These generally include all fi-eeway interchange areas and major intersections along Carlsbad Boulevard. Even with the implementation of roadway improvements, a number of intersections are projected to fail the City's adopted Growth Management performance standards at build-out. To lessen or minimize the impact on circulation associated with General Plan build-out, numerous mitigation measures have been recommended in the Final Master EIR. These include: 1) measures to ensure the provision of circulation facilities concurrent with need; 2) provisions to develop altemative modes of transportation such as trails, bicycle routes, additional sidewalks, pedestrian linkages, and commuter rail systems; and 3) participation in regional circulation strategies when adopted. The diversion of regional through-traffic firom a failing Interstate or State Highway onto City streets creates impacts that are not within the jurisdiction of the City to control. The applicable and appropriate General Plan circulation mitigation measures have either been incorporated into the design of the project or are included as conditions of project approval. The project will generate 370 average daily trips. Conditions of project approval will include constmcting a portion of Black Rail Road along the project fi-ontage. Regional related circulation impacts are considered cumulatively significant because of the failure of intersections at build-out of the General Plan due to regional through-traffic, therefore, the "Initial Study" checklist is marked "Potentially Significant Impact". This project is consistent with the General Plan, therefore, the preparation of an EIR is not required because the recent certification of Final Master EIR 93-01, by City Coimcil Resolution No. 94-246, included a "Statement Of Overriding Considerations" for circulation impacts. This "Statement Of Overriding Considerations" applies to all projects that fall within the scope ofthe General Plan's Master EIR, including this project, therefore, no fiirther environmental review of circulation impacts is required. VII. a, c. & e) Biological Resources The Zone 20 Program EIR identified the mitigation requirement that future site specific biological survey studies that focus on the impacts created by individual subsequent development projects be prepared. The additional biological studies are required to consider the baseline data and biological open space recommendations of the Zone 20 Program EIR and provide more 12 Rev. 03/28/96 detailed and current resource surveys. The site specific biological survey is required to identify mitigation for any project specific impacts. The project site has been used for agricultural purposes and is devoid of endangered, threatened or rare species. The surroimding properties have also been used for agricultural purposes and are devoid of significant vegetation. The properties to the north and east have been graded for residential lots. This project would not impact wildlife dispersal or migration corridors. IX. c) and d) Hazards 2) Agricultural chemicals have previously been used on the site according to the Zone 20 Program EIR. Because of this prior use there is the potential for soil contamination resulting fi-om the varying degrees of degradation, prevalence in the environment, and toxicity of the agricultural chemicals which may have been used. A Limited Soil Sampling and Agricultural Chemical Evaluation was conducted on the site and determined that the overall potential for significant agricultural hazardous material or contamination onsite was insignificant and no additional testing or mitigation measures as described in the Zone 20 Specific Plan EIR are warranted. X. b) Noise AU projects located within 500 feet of existing/future Poinsettia Lane or within the McClellan-Palomar Airport Influence Area are required to analyze the projected noise impacts. Because the property is approximately 1500 feet south of future Poinsettia Lane and located south of the McClellan-Palomar Airport Influence Area, a noise study was not prepared for the project. The property is within a three-mile radius of the airport. The following noise mitigation measures are required for the project: 1) Prior to the recordation ofthe first final tract map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property is subject to overflight, sight and sound of aircraft operating fi-om McClellan-Palomar Airport, in a form meeting the approval of the Planning Director and the City Attomey (see Noise Form #2 on file in the Planning Department). XIV. a) Culmral Resources - Paleontology According to the Zone 20 Program EIR the geologic formations present within the Zone 20 Specific Plan Area have the potential to contain significant fossils. There is a high potential for the discovery of fossils during fiiture grading and constmction activities. The following mitigation measures shall be implemented during fiimre grading of the site to reduce potentially significant impacts on the region's paieontological resources to an acceptable level: A. Prior to any grading of the project site, a paleontologist shall be retained to perform a walkover survey of the site and to review the grading plans to 13 Rev. 03/28/96 determine if the proposed grading will impact fossil resources. A copy of the paleontologist's report shall be provided to the Planning Director prior to issuance of a grading permit; B. A qualified paleontologist shall be retained to perform periodic inspections of the site and to salvage exposed fossils. Due to the small nature of some of the fossils present in the geologic strata, it may be necessary to collect matrix samples for laboratory processing through fine screens. The paleontologist shall make periodic reports to the Planning Director during the grading process; C. The paleontologist shall be allowed to divert or direct grading in the area of an exposed fossil in order to facilitate evaluation and, if necessary, salvage artifacts; D. All fossils collected shall be donated to a public, non-profit institution with a research interest in the materials, such as the San Diego Natural History Museum; E. Any conflicts regarding the role of the paleontologist and the grading activities of the project shall be resolved by the Planning Director and City Engineer. b) Cultural Resources - Archaeology A. The Zone 20 EIR does not identify any archaeological sites on the property. 14 Rev. 03/28/96 III. EARLIER ANALYSES USED The following documents were used in the analysis of this project and are on file in the City of Carlsbad Planning Department located at 1635 Faraday Avenue, Carlsbad CA 92008, (760) 602- 4613. 1. "Final Master Environmental Impact Report for the City of Carlsbad General Plan Update" (MEIR 93-01), dated March 1994, City ofCarlsbad Planning Department. 2. "Final Program Environmental Impact Report for the Zone 20 Specific Plan" (EIR 90- 03), dated June 1992, Brian F. Mooney Associates. 3. "Soil and Geologic Recoimaissance, Tabata, Carlsbad, Califomia, dated June 2000, Geocon, Inc. 1. "Limited Soil Sampling and Agricultural Chemical Evaluation - 5-acre Former Tabata Property Carlsbad, Califomian", dated November 10, 2000, Geocon Inc. 2. "Hydrology Stiidy for Tabata Property Tentative Map" (Job No.00-1003), June 30, 2000, O'Day Consultants. LIST OF MITIGATING MEASURES (IF APPLICABLE) 1. The applicant shall notify, in a manner satisfactory to the City Attomey, all tenants/users of new development that these areas are subject to dust, pesticides, and odors associated with adjacent agricultural operations, and that the tenants/users occupy these areas at their own risk. 2. Prior to the recordation of the first final tract map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form meeting the approval of the Planning Director and the City Attomey (see Noise Form #2 on file in the Planning Department). 3. Prior to any grading of the project site, a paleontologist shall be retained to perform a walkover survey of the site and to review the grading plans to determine if the proposed grading will impact fossil resources. A copy of the paleontologist's report shall be provided to the Planning Director prior to issuance of a grading permit; A. A qualifled paleontologist shall be retained to perform periodic inspections of the site and to salvage exposed fossils. Due to the small nature of some of the fossils present in the geologic strata, it may be necessary to collect matrix samples for laboratory processing through fine screens. The paleontologist shall make periodic reports to the Planning Director during the grading process; 15 Rev. 03/28/96 w B. The paleontologist shall be allowed to divert or direct grading in the area of an exposed fossil in order to facilitate evaluation and, if necessary, salvage artifacts; C. All fossils collected shall be donated to a public, non-profit institution with a research interest in the materials, such as the San Diego Natural History Museum; D. Any conflicts regarding the role of the paleontologist and the grading activities ofthe project shall be resolved by the Planning Director and City Engineer. ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE) See attached APPLICANT CONCURRENCE WITH MITIGATION MEASURES THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT. Date Sj^atiire 16 Rev. 03/28/96 1 PROJECTNAME: Tabata Propertv APPROVAL DATE: FILE NUMBERS: ZC 00-04/LCPA 00-04/CT 00-13/CDP 00-36 MITIGATED NEG. DEC: November 16. 2000 The following environmental mitigation measures were incorporated into the Conditions of Approval for this project in order to mitigate identified environmental impacts to a level of insignificance. A completed and signed checklist for each mitigation measure indicates that this mitigation measure has been complied with and implemented, and fulfills the City's monitoring requirements with respect to Assembly Bill 3180 (Public Resources Code Section 21081.6). Mitigation Measure Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks The applicant shall notify, in a manner satisfactory to the City Attorney, all tenants/users of new development that these areas are subject to dust, pesticides, and odors associated with adjacent agricultural operations, and that the tenants/users occupy these areas at their own risk. Project Planning No Prior to the recordation of the first final tract map or the issuance of buiiding permits, whichever occurs first, the Developer shall prepare and record a Notice that this property is subject to overflight, sight and sound of aircraft operating from McClellan- Palomar Airport, in a form meeting the approval of the Planning Director and the City Attorney (see Noise Form #2 on file in the Planning Department). Project Planning No m < TJ O m z i! r- I. o z o z o o X m o H i (Q (D Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. information. Shown on Plans = When mitigation measure is shown on plans, this column will be Initialed and dated. Verified Implementation = When mitigation measure has been implemented, this column will be Initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other RD - Appendix P. O -h Mitigation Measure Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks m z < Ti O Z m A. Prior to any grading of the project site, a paleontologist shall be retained to perform a walkover survey of the site and to review the grading plans to determine if the proposed grading will impact fossil resources. A copy of the paleontologist's report shall be provided to the Planning Director prior to issuance of a grading permit; B. A qualified paleontologist shall be retained to perform periodic inspections of the site and to salvage exposed fossils. Due to the small nature of some of the fossils present in the geologic strata, it may be necessary to collect matrix samples for laboratory processing through fine screens. The paleontologist shall make periodic reports to the Planning Director during the grading process; C. The paleontologist shall be allowed to divert or direct grading in the area of an exposed fossil in order to facilitate evaluation and, if necessary, salvage artifacts; D. All fossils collected shall be donated to a public, non-profit institution with a research interest in the materials, such as the San Diego Natural History Museum; Any conflicts regarding the role of the paleontologist and the grading activities of the project shall be resolved by the Planning Director and City Engineer. Project Planning No O O O X m o C/) fi) <D NJ O to Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. Information. Shown on Plans = When mitigation measure is shown on plans, this column will be Initialed and dated. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other RD - Appendix P. ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART I (TO BE COMPLETED BY THE APPLICANT) CASE NO: aTM-l3 DATE RECEIVED: 7-<^3-<^ O (To be complele bv staff) BACKGROUND 1. CASE NAME: 'tabata 2. APPLICANT: The Brehm Companies 3. ADDRESS AND PHONE NUMBER OF APPLICANT: ^^"^^ Oberlin Drive, San Diego, CA 92121 (858) 453-3040 4 PROJECT DESCRIPTION- Tentative Map, Coastal Development Permit, Zone Change and Local Coastal Plan Amendment for 17 single family lots, SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: Please check any of the environmental factors listed below that would be potentially affected by this project. This would be any environmental factor that has at least one impact checked "Potentially Significant Impact," or "Potentially Significant Impact Unless Mitigation Incorporated" in the checklist on the following pages. I I Land Use and Planning Q Transportation/Circulation []] Public Services I I Population and Housing Q Biological Resources Q Utilities & Service Systems I I Geological Problems Q Energy & Mineral Resources Q Aesthetics I I Water Hazards Q Cultural Resources Air Quality Q Noise Q Recreation I I Mandatory Findings of Significance 1 Rev. 03/28/96 ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment to determine if a project may have a significant effect on the environment. The Enviroimiental Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR). Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. • A brief explanation is required for all answers except "No Impact" answers that are adequately supported by an information source cited in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved. A "No Impact" answer should be explained when there is no source document to refer to. or it is based on project-specific factors as well as general standards. • "Less Than Significant Impact" applies where there is supporting evidence that the potential impact is not adversely significant, and the impact does not exceed adopted general standards and policies. • "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect fi-om "Potentially Significant Impact" to a "Less Than Significant Impact." The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. • "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. • Based on an "EIA-Part II", if a proposed project could have a potentially significant effect on the environment, but all potentially significant effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required (Prior Compliance). • When "Potentially Significant Impact" is checked the project is not necessarily required to prepare an EIR if the significant effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a "Statement of Overriding Considerations" has been made pursuant to that earlier EIR. • A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant effect on the environment. Rev. 03/28/96 • If there are one or more potentially significant effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce impacts to less than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate "Potentially Significant Impact Unless Mitigation Incorporated" may be checked and a Mitigated Negative Declaration may be prepared. • An EIR must be prepared if "Potentially Significant Impact" is checked, and including but not limited to the following circumstances: (1) the potentially significant effect has not been discussed or mitigated in an Earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the impact to less than significant; (2) a "Statement of Overriding Considerations" for the significant impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the impact to less than significant, or; (4) through the EIA-Part II analysis it is not possible to determine the level of significance for a potentially adverse effect, or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of significance. A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts which would otherwise be determined significant. Rev. 03/28/96 Issues (and Supporting Information Sources): (Supplemental documents be r^erred to and attached) I. LAND USE AND PLANNING. Would tiie proposal:. a) Conflict with general plan designation or zoning? (Source #(s): ( ) b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? ( ) c) Be incompatible with existing land use in the vicinity? ( ) d) Affect agricultural resources or operations (e.g. impacts to soils or farmlands, or impacts fi-om incompatible land uses? ( ) e) Disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? ( ) II. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? ( ) b) Induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major inft-astructtire)? ( ) c) Displace existing housing, especially affordable housing? ( ) III. GEOLOGIC PROBLEMS. Would die proposal resuh in or expose people to potential impacts involving: a) Fault rupture? ( ) b) Seismic ground shaking? ( ) c) Seismic ground failure, including liquefaction? ( ) d) Seiche, tsunami, or volcanic hazard? ( ) e) Landslides or mudflows? ( ) f) Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? ( ) g) Subsidence of the land? ( ) h) Expansive soils? ( ) i) Unique geologic or physical features? ( ) IV. WATER. Would the proposal result in: a) Changes in absorption rates, drainage pattems, or the rate and amount of surface runoff? ( ) b) Exposure of peopie or property to water related hazards such as flooding? ( ) Potentially Potentially Less Than Significant Significant Significan Impact Unless t Impact Mitigation Incorporated No Impact • • • •• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Rev. 03/28/96 Issues (and Supporting Infonnation Sources): (SupplemaUdi^ocimenk atia^^^ c) Discharge into surface waters or other alteration of surface water quality (e.g. temperamre, dissolved oxygen or turbidity)? ( ) d) Changes in the amount of surface water in any water body?( ) e) Changes in currents, or the course or direcfion of water movements? ( ) f) Changes in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? ( ) g) Altered direction or rate of flow of groundwater? ( ) h) Impacts to groundwater quality? ( ) i) Substantial reduction in the amoimt of groundwater otherwise available for public water supplies? ( ) V. AIR QUALITY. Would the proposal: a) Violate any air quality standard or conttibute to an existing or projected air quality violation? ( ) b) Expose sensitive receptors to pollutants? ( ) c) Alter air movement, moisture, or temperamre, or cause any change in climate? ( ) d) Create objectionable odors? ( ) VI. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle ttips or ttaffic congestion? ( ) b) Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? ( ) c) Inadequate emergency access or access to nearby uses? ( ) d) Insufficient parking capacity on-site or off-site? ( ) e) Hazards or barriers for pedesfrians or bicyclists? ( ) f) Conflicts with adopted policies supporting alteraative transportation (e.g. bus tumouts, bicycle racks)? ( ) g) Rail, waterbome or air fraffic impacts? ( ) Potentially Potentially Less Than Significant Significant Significan Impact Unless t Impact Mitigation Incorporated No Impact • • • • • • • • • Kl • • • • • • >< • • • • • • X • • • • • • • • • • • • • • • M • • • • • • X • • • • • • • • • • • • X Rev. 03/28/96 Issues (and Supporting Infomiation Sources): VII. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds? ( ) b) Locally designated species (e.g. heritage frees)? ( ) c) Locally designated natural communities (e.g. oak forest, coastal habitat, etc.)? ( ) d) Wetland habitat (e.g. marsh, riparian and veraal pool)? ( ) e) Wildlife dispersal or migration corridors? ( ) VIII. ENERGY AND MINERAL RESOURCES. Would the proposal? a) Conflict with adopted energy conservation plans? ( ) b) Use non-renewable resources in a wasteful and inefficient maimer? ( ) c) Resuh in the loss of availability of a known mineral resource that would be of fiiture value to the region and the residents of the State? ( ) IX. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals or radiation)? ( ) b) Possible interference with an emergency response plan or emergency evacuation plan? ( ) c) The creation of any health hazard or potential health hazards? ( ) d) Exposure of people to existing soufces of potential health hazards? ( ) e) Increase fire hazard in areas with flammable brush, grass, or frees? ( ) X. NOISE. Would the proposal resuk in: a) Increases in existing noise leveis? ( ) b) Exposure of people to severe noise levels? ( ) XI. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered goverameiit services in any of the following areas: Fire protection? ( ) Police protecfion? ( ) Schools? ( ) a) b) c) Potentially Potentially Less Than No Significant Significant Significan Impact Impact Unless t Impact Mitigation Incorporated • • • m • • • • • • El • • • n • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Kl • Rev. 03/28/96 Issues (and Supporting Information Sources): Potentially Significant Impact d) Maintenance of public facilities, including roads? ( ) e) Other governmental services? ( ) XII. UTILITIES AND SERVICES SYSTEMS. Would the proposal result in a need for new systems or supplies, or substantial alterations to the following utilifies: a) Power or natural gas? ( ) b) Communications systems? ( ) c) Local or regional water freatment or disfribution facilities? ( ) d) Sewer or septic tanks? ( ) e) Storm water drainage? ( ) f) Solid waste disposal? ( ) g) Local or regional water supplies? ( ) XIII. AESTHETICS. Would the proposal: a) Affect a scenic or vista or scenic highway? ( ) b) Have a demonsfrate negative aesthetic effect? ( ) c) Create light or glare? ( ) XIV. CULTURAL RESOURCES. Would the proposal: a) Disturb paieontological resources? ( ) b) Dismrb archaeological resources? ( ) c) Affect historical resources? ( ) d) Have the potential to cause a physical change which would affect unique ethnic cultural values? ( ) e) Resfrict existing religious or sacred uses within the potential impact area? ( ) XV. RECREATIONAL. Would die proposal: a) Increase the demand for neighborhood or regional parks or other recreational facilities? ( ) b) Affect existing recreational opportunities? ( ) Potentially Significant Unless Mitigation Incorporated Less Than Significan t Impact No Impact • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • m • • • El • • • • • • • • • • • • • • • • • • m • • • Rev. 03/28/96 Issues (and Supporting Informafion Sources): XVI. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eluninate important examples of the major periods of Califomia history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will cause the substantial adverse effects on human bemgs, either directly or indirectly? Potentially Significant Impact • • • Potentially Significant Unless Mitigation Incorporated • • • Less Than Significan t Impact No Impact • P m • • 0 XVII. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects fi-om the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site- specific conditions for the project. Rev. 03/28/96 DISCUSSION OF ENVIRONMENTAL EVALUATION Please use this area to discuss any of the environmental factors that were checked "No impact" yet lack any information citations and any factors that were checked "Potentially Significant Impact" or "Potentially Sigmficant Impact Unless Mitigation Incorporated." The City has adopted a "Statement of Overriding Consideration" with regard to air quality and circulation impacts resulting firom the normal buildout according to the General Plan. The following sample text is intended to guide your discussion of the impacts to these environmental factors. AIR OUALITY: The implementation of subsequent projects that are consistent with and included in the updated 1994 General Plan will result in increased gas and electric power consumption and vehicle miles traveled. These subsequently result in increases in the emission of carbon monoxide, reactive organic gases, oxides of nitrogen and sulfur, and suspended particulates. These aerosols are the major contributors to air pollution in the City as well as in the San Diego Air Basin. Since the San Diego Air Basin is a "non-attainment basin", any additional air emissions are considered cumulatively significant: therefore, coritinued development to buildout as proposed in the updated General Plan will have cumulative significant impacts on the air quality of the region. To lessen or minimize the impact on air quality associated with General Plan buildout, a variety of mitigation measures are recommended in the Final Master EIR. These include: 1) provisions for roadway and intersection improvements prior to or concurrent with development; 2) measures to reduce vehicle trips through the implementation of Congestion and Transportation Demand Management; 3) provisions to encourage altemative modes of transportation including mass transit services; 4) conditions to promote energy efficient building and site design; and 5) participation in regional growth management strategies when adopted. The applicable and appropriate General Plan air quality mitigation measures have either been incorporated into the design of the project or are included as conditions of project approval. Operation-related emissions are considered cumulatively significant because the project is located within a "non-attainment basin", therefore, the "Initial Study" checklist is marked "Potentially Significant Impact". This project is consistent with the General Plan, therefore, the preparation of an EIR is not required because the certification of Final Master EIR 93-01, by City Council Resolution No. 94-246, included a "Statement Of Overriding Considerations" for air quality impacts. This "Statement Of Overriding Considerations" applies to all subsequent projects covered by the General Plan's Final Master EIR, including this project, therefore, no further environmental review of air quality impacts is required. This document is available at the Planning Department. CIRCULATION: The implementation of subsequent projects that are consistent -with and included in the updated 1994 General Plan will result in increased traffic volumes. Roadway segments will be adequate to accommodate buildout traffic; however, 12 full and 2 partial intersections will be severely impacted by regional through-traffic over which the City has no jurisdictional control. These generally include all freeway interchange areas and major intersections along Carlsbad Boulevard. Even with the implementation of roadway improvements, a number of intersections 9 Rev. 03/28/96 are projected to fail the City's adopted Growth Management performance standards at buildout. To lessen or minimize the impact on circulation associated -with General Plan buildout, numerous mitigation measures have been recommended in the Final Master EIR. These include measures to ensure the provision of circulation facilities concurrent with need; 2) provisions to develop altemative modes of transportation such as trails, bicycle routes, additional sidewalks, pedestrian linkages, and commuter rail systems; and 3) participation in regional circulation strategies when adopted. The diversion of regional through-traffic fi-om a failing Interstate or State Highway onto City streets creates impacts that are not within the jurisdiction of the City to control. The applicable and appropriate General Plan circulation mitigation measures have either been incorporated into the design of the project or are included as conditions of project approval. Regional related circulation impacts are considered cumulatively significant because of the failure of intersections at buildout of the General Plan due to regional through-traffic, therefore, the "Initial Smdy" checklist is marked "Potentially Significant Impact". This project is consistent with the General Plan, therefore, the preparation of an EIR is not required because the recent certification of Final Master EIR 93-01, by City Council Resolution No. 94-246, included a "Statement Of Overriding Considerations" for circulation impacts. This "Statement Of Overriding Considerations" applies to all subsequent projects covered by the General Plan's Master EIR, including this project, therefore, no further environmental review of circulation impacts is required. LIST OF MITIGATING MEASURES (IF APPLICABLE) ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE-) 10 Rev. 03/28/96 PART I EIA for TABATA I. LAND USE PLANNING a) No impact. The proposed project is in conformance with the general plan designation for the property. The property is currentiy zoned L-C, which is an interim zone for areas where plans for development have not been formalized. The proposed R-l zoning is consistent with the development surrounding this property. b) No impact. The proposed project will confonn with applicable environmental plans and policies adopted by agencies with jurisdiction over the project. c) No impact. The proposed residential lots will be compatible with existing land uses in the vicinity, which are primarily residential mixed with some open space. d) No impact. The project will not affect agricultural resources or operations since the site has not been used for agricultural purposes. e) No impact. The project site is currentiy vacant. The proposed project will not disrupt or divide the physical arrangement of any established communities. IL POPULATION AND HOUSING a) No impact. The proposed project is consistent with its RLM General Plan designation and will not add to population projections already anticipated for the property. b) No impact. The proposed project will not induce growth in the area. The project is located in an area specifically defined for urban development and is surrounded by properties approved or designated for residential development. c) No impact. The site for the proposed project wdll not displace existing housing since the site is currently vacant. III. GEOLOGIC PROBLEMS a) No impact. The site is not located near active faults. Therefore, the proposed project is not expected to result in or expose people to potential impacts involving fault rupture. b) No impact. Due to the distance from known active faults firom the site, the proposed project will not expose people to significant seismic groimd shaking.(l) c) No impact. This project will not expose people to seismic ground failure including liquefaction, due to the distance of the known active faults from the site. d) No impact. The site is not located in an area of volcanic activity and does not have a history of seiche or tsimami hazards. Therefore, the proposed project -will not expose people to impacts invol-ving seiche, tsunami or volcanic hazards. e) No impact. The project site is not located within an area of landslides or mudflows. f) No impact. All grading and filling will be done in accordance with the City's regulations regarding such activities. The site is currently relatively flat and the required grading will not create significant changes in topography or imstable soil conditions from excavation, grading or fill. g) No impact. The project site is not located in an area known for subsidence and is not expected to result in or expose people to potential to impacts involving subsidence of the land as identified in the City's General Plan EIR. h) No impact. The proposed project will not result in or expose people to potential impacts involving expansive soils. The property is not located in an area known to have expansive soils. i) No impact. No unique geologic or physical features are known to exist at the project site. rv. WATER a) Less than significant impact. The proposed Tentative Map for 17 single family homes will not significantly change absorption rates, drainage pattems or the rate and amount of surface runoff. b) No impact. The site is not in an area that is prone to flooding or other water hazards. c) Less than significant impact. Discharge into surface water will not be significantly altered and surface water quality will not be significantly affected by the proposed project due to the implementation ofthe latest storm water management practices. d) Less than significant impact. The project will not significantiy affect the amount of surface water in any water body. e) No impact. The proposed project will not significantly affect currents or the course or direction of water movements. f) No impact. The project will not affect the quantity or the quality of ground waters either through direct additions or withdraws or through interception of an aquifer by cuts or excavations or through substantial loss of recharge capability. g) No impact. Since the proposed project does not use groundwater, the project will not alter direction of the rate of flow of groundwater. h) No impact. The project will not significantiy impact groundwater quality, since there will be no direct infiltration into any known groundwater supply. i) No impact. The proposed project will not cause a substantial reduction in the amount of groundwater otherwise available for public water supplies since the project will not use groundwater nor impact a significant area otherwise available for groundwater percolation. V, AIR OUALITY a) Potentially significant impact. Although the project will contribute to cumulative air quality impacts, as virtually any development within the San Diego Air Basin will, a statement of overriding consideration was adopted in the City of Carlsbad's Final Master EIR for this cumulative impact b) No impact. The residential lots will not expose sensitive receptors to pollutants. c) No impact. The proposed residential lots will not alter air movement, moisture, temperature or cause a change in climate. d) No impact. Residential lots typically do not create objectional odors. Therefore, it is not expected that the proposed residential lots would create objectionable odors. VL TRANSPORTATION/CIRCULATION a) No impact. The proposed residential lots will not contribute to a cumulative increase in vehicle trips or traffic congestion impacts beyond those anticipated by the City's General Plan. b) No impact. The project will not result in hazards to safety fi*om design features. The proposed circulation system includes standard provisions for transportation systems so that there will be no increased traffic hazards to motor vehicles, bicyclists or pedestrians. c) No impact. The proposed project will provide adequate emergency access. The project's circulation system will be reviewed by all pertinent City departments to ensure that there will be no impacts to any emergency response procedures or evacuation plans. d) No impact. Parking for the project will be sufficient Parking requirements for the site will comply with the requirements of the Carlsbad Municipal Code. e) No impact. The project will not result in hazards or barriers for pedestrians or bicycUsts. The approved circulation system includes standard provisions for transportation systems so that there will be no increased traffic hazards to motor vehicles, bicyclists or pedestrians. f) No impact. The proposed project will conform with adopted policies supporting altemative transportation. g) No impact. No impacts to railroad, airport or waterbome traffic are anticipated. The site is outside of the railroad influence area, so no impacts to or from the railroad will result and no waterbome traffic occurs in the vicinity. VII. BIOLOGICAL RESOURCES a) No impact. The project site has been used for agricultural purposes and is devoid of endangered, threatened or rare species or their habitats. b) No impact. The site does not contain locally designated species. c) No impact. The site does not contain locally designated conununities. d) No impact. The proposed project is not located on wetland habitat, so it will not impact wetland habitat. e) No impact. The project site has been used for agricultural purposes and the areas to the east and west ofthe site are under development. Given the site's surrounding land uses and the site's own current land use, no impacts to wildlife dispersal or migration corridors are expected. VIII. ENERGY AND MINERAL RESOURCES a) No impact. The proposed project will conform with adopted energy conservation plans. b) No impact. The proposed project will not use non-renewable resources in a wastefiil inefficient maimer. c) No impact. No mineral resources are known to exist on this site. Therefore, the proposed project will not result in the loss of availability of a known inineral resource tiiat would be of future value to the region and the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State. IX. HAZARDS a) No impact. The proposed project will not involve the storage, application, use or disposal of hazardous materials or substances and therefore will not involve a risk of accidental explosion or release of hazardous substances. b) No impact. The proposed project has been designed so as not to interfere with any emergency response or evacuation plans. The project's circulation system will be reviewed by all pertinent City departments to ensure that there will be no impacts to any emergency response procedures or evacuation plans. c) No impact. The project will not create any health hazards or any potential health hazards. d) No impact. There are no existing health hazards on the site. e) No impact. The project will be constracted in compUance with all applicable City policies and codes regarding fire suppression and low fiiel planting. X, NOISE a) No impact. The proposed residential lots v^U not increase noise levels beyond what may be anticipated in relation to short term constiruction noise. b) No impact. The proposed residential lots will not involve exposure of people to severe noise levels beyond impacts related to short term constraction noise. XL PUBLIC SERVICES a) Less than significant impact. It is not expected that 17 residential units will have a significant effect on fire protection services. b) Less than significant impact. It is not expected that 17 residential units will have a significant effect on police services. c) Less than significant impact. It is not expected that 17 residential units will have a significant effect on school facilities. d) Less than significant impact. It is not expected that 17 residential units will have a significant effect on maintenance of public facilities. e) Less than significant impact. It is not expected that 17 residential units wiU have a significant effect on other govemmental services. xn. UTILITIES AND SERVICES SYSTEMS a) No impact. The proposed project will tie into existing power and gas utilities and will not create a need for additional supply systems. b) No impact. The proposed project wiil tie into existing communication and cable facilities and will not create demand for major facilities for conununications or cable. c) Less than significant impact. It is not expected that 17 residential units will have a significant effect on water treatment or distribution facilities. d) Less than significant impact. It is not expected that 17 residential units will have a significant effect on sewer services. e) Less than significant impact. It is not expected that 17 residential units on this 5.0 acre site will have a significant effect on storm drain facilities. f) Less than significant impact. It is not expected that 17 residential units will have a significant effect on waste disposal services. g) Less than significant impact. It is not expected that 17 residential units will have a significant effect on regional water supplies. XIII. AESTHETICS a) No impact. The proposed project will not affect a scenic highway or vista. The project site is currently vacant and the proposed building heights will be in conformance with the City's building height guidelines. b) No impact. The proposed R-l lots are compatible with existing and planned fiiture development and will not have a negative aesthetic effect. c) No Impact. Any lighting for the proposed project -will be directed toward the ground in order to meet required City specifications. XIV. CULTURAL RESOURCES a) No impact. The project site contains no known paieontological resources. Therefore, no impacts are anticipated. b) No impact. The project site is not known to contain archeological resources. Therefore, no impacts are anticipated. c) No impact. No historical resources are known to exist within the project area. d) No impact. Unique ethnic cultural values are not known to be associated with this site. e) No impact. No religious or sacred uses are known to exist within the project area. XV. RECREATION a) No impact. It is not expected that tiie proposed residential lots would increase the demand for neighborhood or regional parks or other facilities beyond what has been anticipated by the City's General Plan. b) No impact. Recreation opportunities do not currently exist within the project site. XVI. MANDATORY FINDINGS OF SIGNIFICANCE a) No impact. The proposed residential lots will not degrade the quality of the environment, reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, etc. b) Less than significant impact. The project wiU contribute to cumulative air quality impacts, however, a statement of overriding consideration was adopted for this cumulative impact. c) No impact. The proposed project will not have environmental effects which would cause substantial adverse effects on human beings, either directly or indirectly. XVII. EARLIER ANALYSIS a) Source documents are on file in the Planning Department located at 1635 Faraday Avenue, Carlsbad, Phone (760) 602-4600. 1. "Final Master EIR for tiie City of Carlsbad General Plan Update", March 1994. m-zi'^zm iz'.nm FROM- ^ j.ojr P.m/m F-m Lucas Mercier' OEVEUOPMENT May 22,2003 Clyde Wickham Carisbad Erigixjeering Department 1635 Faraday Avenue Carlsbad, Ca. 92008 RE: Traffic Calming Improvements on Docena Way Dear Clyde: Lucas Mercier appreciates rhe opportunity to meet with you and Jim Murray about traffic calming improveinents on Docena Way. At this time it is our company's position that we do not wish to participate in the costs of providing these improvements. We do not believe that there is a nexus for our participation in these offeite improvements and the construction ofthe homes in our project. As wc have discuSMid at our meetings, Docena Way was approved as a part ofthe Serenata projecL The design of Docena Way and its connection to our project was mandated by the City of Carlsbad's Engineering Department. The Bhrem Company expressed concams about the need for this road connection across an open apace corridor during the processing of thc Tabata Tentative Map, However, the city felt tbat ibis coimection WM needed for ncighboxhood traffic circulation and the Bhrem Company agreed to cooperate with the city despite their concerns. Wc understand the cities wish to address the concems of the residents Jiving in the Serenata project, however the roadbed for Docena Way was constructed when they purchased their homes, Additionally, thc Serenata home buyers were provided by Brehm, a disclosure fcxplaining thar tihere maybe a ftiture comiection on Docena through their neighborhood. Lucas Mercier does not believe it is our responsibility to address tliis perceived problem. Docena Way was designed in cooperation with the City, and is now constructed per the approved plans lo City standards. As stated previously, we imderstand the residents concerns but we respectfully do not agree that it is the responsibility of Lucas Mercier Development. Please feel free to contact me if you have any questions or need any addiaonal information. Michael tcKc'^ Project Manger cc: Jim Murray 6>!) A^r^ V.m ORlVi:. SUiTS * VrSTA. CA 9i084 - (760) -36,5600 F^.X (760-; 7J<,.6286 May-i5-uc Uiiuupm rrom-uui,c rwmnv I • Mk/ UU I -1,1 q 0r '0 RECORDING REQUESTED BY: 006280 DQP# 2002-0129522 FEB 14, 2002 10:20 AH WHEN RECORDED MA^ TO: Luce, Forward, Hamilton & Scripps LLP 600 West Broadway, Suite 2600 San Diego, Califomia 92101 Atm: Nancy T. Scull, Esq. OFFICIAL RECORDS EflN BIEGO CanTY RECflRDErS OFFICE mm J. SMITH. cotnTy rae FtES: 27.00 WftY: 2 2002-0139522 JL Space Above For Recorder's Use SUPPLEMENTARY DECLARATION OF THE AVIARA PREMIER COLLECTION AVIARA SERENATA, LLC, a Delaware limiled liability company ("Declarant"), makes this Supplementary Declaration of the Aviara Premier Collection ("Supplemeniary Declaration"), on "DtC- '•'() ^ 200 i, 36^, with reference to the facts set forth below. RECITALS A. Declarant caused to be filed for record on May 14, 1999, in the Official Records of San Diego County, Califomia, as Instrumem No. 1999-0330774, thai certain Declaration of Covenants, Conditions and Restrictions for the Aviara Premier Collection dated May 14, 1999 ("Declaration"). B. Declarant is the owner of cenain real propeny in the City ofCarlsbad, Counly of San Diego, Califomia, described on Exhibit "A" attached hereto and incorporated herein (" Propeny"). C. Declarant desires to impose cenain additional covenants, conditions and resiriciions on the Propeny, pursuanl to the terms of the Declaration. NOW THEREFORE, Declarant declares as follows: Pursuant lo Section 16.5, the recordation of a Supplementary Declaration shall constitute and effectuate ihe Annexation of said real propeny described therein, making said real propeny subject Brchin/Aviara - Tabata 21276-00013; 1565641.1 12/5/01 ItIM/ I M 0006281 to this Declaration and subjeci lo tiie functions, powers and jurisdiction of the Community Associalion, and ihereafter said annexed real propeny shall fae p;uT of the Covered Propeny and subjea to all ofthe terms and provisions of this Declaration. IN WITNESS WHEREOF, this Supplementary Declaration has been executed as ofihe date first above wriiien. DECLARANT: AVLARA SERENATA, LLC, a Delaware limited liability company 'A By; Bre agent fiSj a Caliibmia Mrfporari^, its authorized Horace Hogan It {President Brehm/Aviara - Tabaa 21276-00013; 1565641.1 12/5/01 006282 CONSENT BY MERCHANT BUILDER The undersigned, is ihe owner ofihe real property described in Exhibit "A" lo the Supplemeniary Declaration and hereby consents to the terms ofihe foregoing Supplemeniary Declaration. CANTERINA, LLC, a California limiled liability company By: B^EffM/JONp^U^ lis Managing Member STATE OF CALIFORNIA ) ) ss. ) COUNTY OF ^M^i^ On ^bg£.A|^2Dol before rae, k^' fy\ Grood-ei/o HO^^CA hQGr^'^ P^'OVf d TO IT''^^'^ nf aarififflftrni-y rv iiliiHEc) lo be lhe person whose namefs^ 8«/is subscribed 10 Ihe wilhin insirumeni and acknowledged to me that he/sJje/Aey executed ihe same in his/ba'ihw authorized capacity, and that by his/%«/tfe«it signawre(-s.) on the insirumeni the person(s), or the enlity upon behalf of which ihe person(y) acted, executed the instrument. personally appeared personally known lo me (-er KIM GOO0EV6 Csmrmanfiuvm San Dtogo CauR()r My Comm. E^afviJU % 30D* WITNESS my hand^d official s^ Signarure Brehm/Aviara - Tabaa 21276-00013; 1S6S641.I 12/5/01 006283 EXHIBIT "A" Propeny THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAJD. COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. . APN 215-040-04: EXHIBIT "A" 006284 SUBORDINATION AGREEMENT The undersigned, as holder of the beneficial mierest in thai certain ihai cenain Deed of Trust recorded in ihe Office ofthe Couniy Recorder of San Diego County on July 15, 1999, as File/Page No. 1999-0493189, which Deed of Trust encumbers all or a portion of ihe real property covered by this Supplementary Declaration ofihe Aviara Premier Collection ("Supplementary Declaration"), does hereby intentionally and unconditionally subordinate the Uen of said Deed of Trust lo the Supplementary Declaration recorded concuirenily herewith and lo which this Subordination Agreement is attached. Dated: V^hCLUir^ l/>,'^00'> FIRST NATIONAL BANK, a national banking association Name: Tille:_ E STATE OF CALIFORNIA COUNTYOF SAN DIEGO ss. ) On FEBRUAftY 6. 2002 before mc, personally appeared MARIA V. i^irvur personaiiy knowm to me (or proved to me on the basis of satisfactory evidence) to be ihe person whose name(s) go/is subscnbed to ihe within insirumeni and acknowledged to me ihai ba/she/t^ executed ihe same in bai/her/tbjfctf authorized capaciiy, and ihai byiii»1ier/tjjtir signaiure(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, execuled the instrumem. WITNESS my-hand and official seal. Signaturi (SEAL) UKlNCON I NQTaiyl*uD<ic-Cdffcrrfa f Son Dksgo County r My Carrm BSP*« 2DaS| m^w m m m m" m 04/18/2002 16:41 7604382443 HOFMAN PLANNING PAGE 02 Hofman Planning Associates Menriorandum Planning Project Management Fiscal Analysis DATE: Aprill 8,2002 TO: Phil Conard FROM: Stuart Fisk SUBJ ECT: Tabata (CT 00-13) - Affordable Housing Credits I spoke to Van Lynch today regarding the timing for the purchase of affordable housing credits for Tabata. At one point Van had mentioned tiiat the affordable credits would have to be purchased prior to recordation of the Tabata Final Map, However, Van has since agreed to proceed per the requirements ofthe Tabata Affordable Housing Agreement, which states that the credits must be purchased prior to issuance of building pennits. Per conversations I had with Craig Ruiz of Housing and Redevelopment prior to our January, 2001 Plaiming Commission hearing, the standard procedure for this type of project is that the Affordable Housing Agreement (which has been executed and submitted to Craig) must be executed prior to recordation of the Final Map, Once the Final Map records, the affordable agreement records against the Final Map. The affordable credits are then purchased prior to the issuance of building permits. Van and I discussed this process today and he indicated that the process and the purchase of affordable credits at building permit (rather than at Final Map) is acceptable to him. Hopefully this answers your questions regarding the timing for the purchase of affordable housing credits for Tabata. If you have any questions or need any additional information please call me at 438-1465. cc. Van Lynch Craig Ruiz Jack Edwards 5900 Pasteur Court • Ste 150 • Carlsbad • CA 92008 760-438-1465 • Fax 760-438-2443 CERTIFICATE OF SECRETARY OF LUMBERMEN'S INVESTMENT CORPORATION THE STATE OF TEXAS COUNTY OF TRAVIS I, Nanci F. Tucker, Assistant Secretary of Lumbermen's Investment Corporation (the "Company"), hereby certify that on August 8, 2001, the Board of Directors ofthe Company passed the following resolutions, which resolutions have not been modified or rescinded and remain in full force and effect as ofthe date ofthis Certificate: RESOLUTION AUTHORIZING EXECUTIVE OFFICERS TO EXECUTE DOCUMENTS, DESIGNATE (1) OFFICER TITLES, AND (2) OFFICERS AND EMPLOYEES TO EXECUTE DOCUMENTS, ACT AS SIGNATORIES ON BANK ACCOUNTS AND OTHER MATTERS. RESOLVED, that the following officers of the Company shall be and are hereby authorized, empowered and directed to execute any and all (a) documents authorizing deposit, accounts and borrowing authorization from financial institutions, including, but not limited to (i) designation of financial institutions as depositories, (ii) parties authorized to (aa) withdraw funds on checks, drafts, advices of debit, notes or other orders for the payment of monies, (bb) effect wire transfer of funds, (cc) endorse checks, drafts, notes and other items payable to or owned by the Company for deposit with the financial institution or for collection or discount by the financial institution and to accept drafts and other items payable at the financial institution (dd) execute special depository agreements and arrangements, (iii) parties authorized to borrow from financial institutions and execute (aa) notes, (bb) mortgages, pledges, security agreements and loan agreements and other such documents as may be required by the financial institutions and (iv) such authority conferred upon those persons shall be and remain in full force and effect until the financial institutions receives written notice of revocation of each authority; and (b) contracts, agreements, instruments, guaranties and any other documents (the "Documents") relating to business activities of the Company as they determine in their sole discretion, acting individually and without joinder of any other such officers, to be on such terms and conditions as such officer deems advisable, appropriate or necessary for the transaction of business in the name and on behalf ofthe Company: Chairman of the Board and Chief Executive Officer President and Chief Executive Officer Executive Vice President and Chief Financial Officer Vice President and Treasurer; and RESOLVED FURTHER, that each ofthe foregoing officers shall be and is hereby empowered, authorized and directed to designate (a) officer titles for employees and (b) such other officers or employees over which he/she has supervisory responsibility and authority to (1) be added to the deposit accounts and borrowing authorities and such designees shall be authorized to act solely on behalf of and in the name of the Company as limited by the authority granted and (2) execute any Documents pertaining to the business transactions of the Company, including for purpose of example but not limitation, appointments of trustees, assignments, bills of sale, contracts for services, contracts for the sale or purchase of assets, deeds, documents required by investor or agencies, leases on behalf of the Company or any entity in which the Company is a partner or shareholder, mortgages, notes, powers of appointments or security agreements; PROVIDED, however, that any such designation must be in writing, signed by the officer making such designation and approved by the Chairman of the Board and Chief Executive Officer or President and Chief Executive Officer and specify (i) the officer title, if any, assigned to a designee, (ii) the bank account on which the designee has been authorized to sign, if any, (iii) the financial institution from whom the designee is authorized to bonow funds, (iv) the authority that such designee has been granted and the limitations on such authority, if any, and (v) the types of Documents that such designee is authorized to execute in the name and on behalf of the Company or any entity in which the Company is a partner or shareholder and the limitations on such authority, if any; and such designation must be reported to the Board of Directors at the meeting next following the date on which such designation is made in accordance with the foregoing requirements; and RESOLVED FURTHER, that the officer title and/or authority of such designee shall be effective as of the date that the written designation has been executed by the requisite officers; and RESOLVED FURTHER, that the Secretary or any Assistant Secretary of the Company shall be and is hereby authorized to provide certification of any such officer's or designee's authority to act in the name and on behalf of the Company, as he/she deems necessary, advisable or appropriate from and after the effective date; and RESOLVED FURTHER, that all authorities heretofore approved or granted by the Board of Directors shall remain in full force and effect until (a) tenninated by the officer designating such authority, the Chairman of the Board and Chief Executive Officer, the President and Chief Executive Officer or the Board of Directors, or (b) the suspension, termination or resignation of the officer or employee to whom such authorities have been granted hereunder. I FURTHER CERTIFY that the following individual is, on the date hereof, the duly elected, qualified, and acting officer of the Company, holding the respective offices set forth opposite his name below with authority to execute for the Company documents that have been executed by him or to otherwise act for the Company. NAME TITLE Craig A. Knight President and Chief Executive Officer IN WITNESS WHEREOF, I have executed this Certificate as ofthis 28th day of August 2001. F. Tucker, Assistant Secretary City of Carlsbad Planning Department August 8, 2001 O'Day Consultants Jack Edwards 5900 Pasteur Court, Suite 100 Carlsbad CA 92008 SUBJECT: CT 00-13 / CDP 00-36 - TABATA PROPERTY Dear Mr. Edwards: Please find attached two notices of restriction to be recorded against the Tabata property. Please follow the signing requirements on the bottom of the documents. Please provide any corporate resolutions showing signers ability to sign for the corporation if necessary. Once signed, return the documents to me for additional signatures and recordation. If you have any questions regarding the above, please give me a call at 602-4613. Sincerely, Van Lynch Associate Planner VL; c: File Attachments 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us Citv of Carlsbad Planning Departnnent January 25, 2001 The Brehm Companies Kristin Coulson 5770 Oberlin Drive San Diego CA 92121 SUBJECT: CT 00-13/CDP 00-36 - TABATA PROPERTY Dear Kristin: Please find attached two notices of restriction to be recorded against the Tabata property. Please follow the signing requirements on the bottom of the documents. Once signed, return the documents to me for additional signatures and recordation. Please include a corporate resolution or similar document stating the persons signing have the ability to do so. If you have any questions regarding the above, please give me a call at 602-4613. Sincerely, Van Lynch Associate Planner VL:cs c: File Attachments 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us January 23,2001 The Brehm Companies 5770 Oberiin Drive SanDiego, CA 92121 : FILECOPY Citv of Carlsbad Planning Department PLANNING COMMISSION NOTICE OF DECISION SUBJECT: ZC 00-04/LCPA 00-04/CT 00-13/CDP 00-36 - TABATA At the Planning Commission meeting of January 17, 2001, your application was considered. The Commission voted 6-0 (Nielsen) to RECOMMENDING APPROVAL. The decision of the Planning Commission is advisory and will be forwarded to the City Council. If you have any questions regarding the final dispositions of your application, please call the Planning Department at (760) 602-4600. Sincerely, MICHAEL J. HOLZMILLER Planning Director MJH:VL:mh Enclosed: Planning Commission Resolutions No. 4897, 4898, 4899, 4900, 4901 c: Stuart Fisk Hofman Planning 5900 Pasteur Court, Ste. 150 Carlsbad, CA 92008 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us JflN-lc,-2001 17=20 ^,19 2933056 ='.02v-ll DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE AVIARA PREMIER COLLECTION THIS DECLARATION OF COVENANTS THE AVIARA PREMIER COLLECTION ("Dec! 1999, by BREHM-AVIARA III DEVELOPMENT partnership. RECTTALS A. Declarant is the Owner ofthe real property situated in the City of Carlsbad, County of San Diego, State ofCalifornia. which is more particularly described in Exhibit "A-l" attached hereto and incorporated herein ("Declarant's Propeny"). Aviara Land Associates Limited Partnership, a Delaware limited parmership ("Aviara Land Associates") is the owner of the real property described on Exhibit "A-2" attached hereto and incorporated here and Jefferson at Aviara, L.P., a Delaware limited partaership ("Jefferson"), is the Owner of the real property described in Exhibit "A-S" attached hereto and incorporated herein. (Herein the real property described in Exhibits "A-l", "A-2" and "A-3" is referred to collectively as the "Covered Property"). The Owners of die real property described in Exhibits "A-2" and "A-3" have, by their signatures set forth below, consented to fnt recordation ofthis Declaration. B. Declarant desires to establish covenants, conditions and restrictions upon the Covered Property and each and every portion thereof, which will constimte a general scheme for the management of the Covered Property and for die use, occupancy and enjoyment thereof, all for the purpose of enhancing, naiintaining and protecting the value, desirability and attractiveness of thc Covered Property and enhancing the quality of life therein. C. The Covered Property is being developed as a master planned development (as defined in Section 2792.32 of Titie 10 of the Califomia Code ofRegulations) which is also a "common interest development" pursuant to the Davis-Stiriing Common Interest Development Act. The Covered Propeny is included within the master planned community situated in the City of Carlsbad and commonly known as the Aviara Premier Collection (the "Aviara Premier Collection"). The Covered Property subject to this Declaration will be developed as a master plarmed commurit;/ to be govemed by the Aviara Premier Collection Association, a Califomia nonprofit mutual benefit corporation ("Community Association"). If developed as planned, the Aviara Premier Collection will include a total of approximately 570 Dwellings (as defmed below), together with certain areas which will be conveyed (by fee title, easement or lease) to the Community Association. The Covered Property shall be developed in conformance with, among other land use approvals, that certain Local FaciUties Management Plan for Zone 19 (the "LFMP") which was approved by ths City of Carisbad (the "City") pursuant to the Carlsbad Growth Management Program, Title 21, Aviara Collection Commun;ty • CC&Rs 21276-1} -1298005.13 if im-ie-2mi 17:20 6192933056 P.03-1 Chapter 21.90 ofthe Carlsbad Municipal Code", and tiiat certain Master Plan for Aviara (the "Master Plan") which was approved by the City Planning Commission on November 4, 1987 pursuant to Planning Commission Resolution 2594. Copies ofthe LFMP and the Master Plan are on file with the City Planning Department and when reference is made in this Declaration to the LFMP or the Masier Plan or the context hereof requires, the LFMP and the Master Plan shall be deemed incorporated herein. Notwithstanding the foregoing, each Owner who takes titie subject to this Declaration acknowledges that there is no assurance that the pioposed development ofthe Aviara Premier CoUection will be completed. D. Declarant may add all or any ofthe real property described in Exhibit "B" attached hereto and incorporated herein ("Annexable Property") to the Covered Property already subject to this Declaration by annexing such Annexable Property and such Annexable Property will tiiereupon be subject to this Declaration, become a part of and be included wthin the definition ofthe Covered Property, and be developed as a part of the Aviara Premier Collection. E. The Community Association has been incorporated under the laws of the State of Califomia for the purpose of owning and maintaining the Community Common Area and for exercising the powers and functions set forth herein. F. All of the Covered Property will hereafter be held and conveyed subject to certain protective covenants, conditions and restrictions hereinafter set fortii. Beforc any ofthe Lots (as defined below) are sold. Declarant desires to establish covenants, conditions and restiictions upon the Covered Property and each and every portion thereof, which wll constitute a general scheme for the management of the Covered Property and for the use, occupancy and enjoyment thereof, all for the purpose of enhancing, maintaining and protecting the value, desirability and attractiveness ofthe Covered Propert>' and enhancing the quality of life therein. ARTICLE 1 DECLARATION NOW, THEREFORE, Declarant hereby covenants, agrees and declares that all of the Covered Property is, and shall be, held, conveyed, encumbered, hypothecated, leased, rented, used, occupied and improved subject to the following limitations, covenants, conditions, restrictions, easements, liens and charges which are hereby declared and agreed to be in furtherance of a general plan for the subdivision, improvement, protection, mainlenance and sale of all of the Covered Propsrty and all ofwhich arc declared and agreed to be for the purpose of enhancing, maintaining and protecting the value, desirability and attractiveness of the Covered Property and every part thereof, and enhancing the quality of Ufe therein. All of the limitations, covenants, conditions, restrictions, casements, liens and charges are equitable servitudes and shall run with thc land and shall be binding upon and inure to the benefit of all parties having or acquiring any right, titie or interest, in the Covered Property or any part thereof, and shall be binding on and inure to the benefit AvivaCollection Communii) - CC&Ri 21276.13 -1298005.13 2 r JftN-16-2G01 17=21 619 2933056 =.04.11 President or Vice President and Secretary or Assistant Secretary oftiie Community Association an , irrevocable power of attomey to act for and on behalf ttf each and every Owner in certifying, executing and recording said instrument. Notwithstanding anything to the contrary contained herein, in no event may any of Declarant's rights or privileges underthe Community Goveming Documents be terminated, altered or amended without Declarant's prior written consent. 15.2 Conflict with Article IS or Other Proviaions ofthis Declaration. Except as liniited by Section 3.3, to die extent any provisions ofthis Article 15 confUcts with any other provisions of this Declaration, the provisions of this Article 15 shall control. 15.3 Business and Professions Code Sectioa 11018 J. All amendments or revocations of this Declaration shall comply wilh the provisions of CaUfomia Business and Professions Code Section 11018.7 and any successor statutes or laws, to the extent said Section is applicable. 15.4 Reliance on Amendments. Any amendments made in accordance with the tenns of this Declaration shall be presumed valid by anyone relying on thera in good faith. 15.5 Amendment Affecting Obligation to Maintain Coiamon Area, Notwithstanding anything in this Declaration to the contrary, any amendment to this Declaration which would modify the obligation of the Community Association to maintain the Community Common Area, thc Assessment procedure set forth in this Declaration to assure said maintenance, orthe right ofthe City to enter upon common easements shown on any Final Map to maintain or repair such easements or the common fecilities located thereon shall not be effective unless die written approval oftbe City is first obtained and a copy thereof recorded in die office of the San Diego Count>' Recorder, and no Amendment to this Declaration which would aiter the obUgations relating to the maintenance ofthe Trial System or other Improvements within or for the benefit of the Batiquitos Lagoon without the approval ofthe CaUfomia Coastal Commission. 15.6 Amendments to Cost Center Provisions. Any amendments to this Declaration modifying or deleting thc provisions relating to Cost Centers shall, in addition to thc approvals required under Section 15.1, require the approvals under Section 3.6 ofthis Declaration. ARTICLE 16 ANNEXATION OF REAL PROPERTY 16.1 Annexation. Declarant may annex any of the Annexable Property described in Exhibit "B" by any of thc methods set forth hereinafter in this Article. Declarant intends to sequentially develop the Annexable Property on a phased basis. However, Declarant may elect not to develop all or any part ofthe Annexable Property, to annex the Annexable Property to this Declaration in increments of any size whatsoever, or to develop more than one such increment at any given time and in any given order. Moreover, Declarant reserves the right to subject tiie Annexable Aviara Collection Community - CC&Rs 21276-13 -1291005.13 80 JHN'-16-2001 17:-"'2 &1S 2933G5b P. 05.-1 Propert)' to one or more separate declarations of covenants, conditions and restrictions and to subject the Annexable Property to the jurisdiction and power ofa non-profit mutual benefit coiporation or other entity with powers and obligations similar to thc Community Association and which is not subject to the provisions of tills Declaration. Although Declarant shall have the ability to annex die Annexable Property as provided in this Article, Declarant shaU not be obligated to annex all or any ponion of tbe Annexable Property, and the Annexable Propertj- shall not become subject to this Declaration unless and until a Supplementary Declaration covering it has been recorded. No party other than Declarant may annex any ofthe Annexable Property whhout the consent of Declarant. 16.2 Annexation Without ApprovaL AU or any part of the Annexable Property raay be annexed by Declarant and become subject to this Declaration and subject to tiie jurisdiction ofthe Community Association without the approval, assent or vote of the Community Association or its Members. The issuance ofa Public Report by the DRE shall be deemed to be approval by die DRE ofsuch annexation. 16.3 Annexation Pursuant to Approval If any person desires to add property other tiian the property described on Exhibit "B" to the plan of tiiis Declaration and to subject such property to the jurisdiction ofthe Community Association, tiien such property may be annexed, if the vote or written assen: of sixty-seven percent (67'/o) of the Voting Power ofthe Community Association is obtained. X6.4 Covenants Running With the Land. Declarant may transfer all or any portion of the .Annexable Property to a Merchant Builder under a grant deed wherein Declarant reserves tlie right to annex such property and subject it to this Declaration. The restriction on the property described in Exhibit "B" wherein it may be made subject to this Declaration upon the recordation ofa Supplementary Declaration is hereby declared to bc an equitable servitude upon the Annexable Propeny in favor ofihe Covered Property subject to this Declaration and any other real property owned by Declarant in tiie vicinity of the Covered Property and shall run widi the land and be binding on and inure to the benefit of all parties having or acquiring any right, titie or interest, in such real property. 16'5 Supplementary Dedarations. The recordation of a Supplemeatarj- Declaration shall constitute and effectuate the Annexation of said real property- described therein, making said real property subject to this Declaration and subject to the functions, powers and jurisdiction of the Community Association, and thereafter said armexed real property shall be part of the Covered Property and subject to all of the terms and provisions of this Declaration. Supplementary Declarations may also be recorded by Declarant with rcspect to a Phase prior to the commencement of Community Assessments -with respect thereto, which may further deUneate any Community Common Area, Cost Center or Cost Center Maintenance Areas within such Phase or contain complementary additions and modifications as provided in this Section. In the event that the vote or written assent of a certain percentage of Members is required to annex any property as provided for above, then the recordation of a Supplementary Declaration certified to by the President or Vice Aviara Collection Community • CC&Rs 21276-13 - 1298005.13 81 JflN-16-2001 1?:23 519 2933056 P.06.'11 EXHIBIT "B'' ANNEXABLE PROPERTY bEOAL OSSCRZmOK FOR APKi 21S-040-03 TKE BAST HALF OP THg KORTKEAST QUARTER OP THB JJORTHWBST QUARTER, SBCTIOW 27, TOWNSHIP 12 SOUTH, RANGE 4 WSST, SAK BERNASOXNO BASS AND ^!ERIDZAN, IN THE CIT^ OP CARLSBAD, COtnUY OP SAN DIBGO, STATE OP CALIFORNIA, ACCORDING TO UNITED STATES GOVERNKEan SURVEY. LXOAb DISCXXPTIOK TOtl. Ami 21S-040-04 THE NORTH HALF OF TKB N0RTKWE3T QOARTER OF THE NORTHWEST QUARTER OF TKE NORTHEAST QUARTER OF SSCTION 27. TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IM TKB CITY OF CARLSBAO, COUNTY OF SAN OISGO, STATE OF CALIFORNIA, ACCORDING TO THS OFFICIAL PLAT THEREOF.PARCEL 2: LXQAL OBSOtXPTION FOR APKt 21S-040-05 THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OP SBCTION 27, TOHMSHIP 12 SOUTH, RANGE 4 WEST. SAN BERNARDINO BASB ANS KBRIDIAK, IN IBB CITY OF CARLSBAD, COUNTY OF SAN OIEGO, STATE OF CALIFORNIA, ACCORDING TO TKB OFFICIAL PLAT THEREOF. LEGAL S88CRXPTX0N FOR APNt 33.$'040-0f AND 215-040-10 PARCEL 1: THE NORTHWEST QUARTER OF TEE SOUTKWSST QUARTER OF THE NORTHWEST QUARTER OF TKE NORTHEAST QUARTER OF SBCTZON 27, TOWNSHIP 12 SOUTH. RANGE 4 WEST, SAN BERNARDINO SASS ANS MERIDIAN, IN TKB COUNTY OF SAN DIBOO, STATB OF CALIFORNIA, ACCXtRDING TO UNITED STATES QOVERNNBNT SURVEY. APPROVBD APRIL 21, 1990. PARCSL 2: THB NORTHSAST QtlARTER OF TKE SOUTHWEST QUARTER OF THB NORTHWEST QUARTER OF TKE NORTHEAST QUARTER OF SSCTION 27, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AKO KBRIDIAN, IN THB COUNTY OF SAH DIEGO, STATB OF CALIFORNIA, ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY APPROVED APRIL 21, 1890. Aviara Collection Comtnortity - CC4tR5 21276.13- 1291005.13 EXHIfilT "B" Gray Davis GOVERNOR STATE OF CALIFORNIA W Governor's Office ofPlanning and Research State Clearinghouse January 2, 2001 Van Lynch City ofCarlsbad 1635 Faraday Avenue Carlsbad, CA 92009 JAN 2001 PLANNINGDEPARTMENT 2| City Of e-- Carlsbad Subject: Tabata Property-ZC 00-04/LCPA 00-04/CTOO-l3/CDP 00-36 SCH#: 2000111157 Steve Nissan ACTING DIRECTOR Dear Van Lynch: The enclosed comment (s) on your Negative Declaration was (were) received by the State Clearinghouse after the end of the state review period, which closed on December 26, 2000. We are forwarding these comments to you because they provide information or raise issues that should be addressed in your final environmental document. The Califomia Environmental Quality Act does not require Lead Agencies to respond to late comments. However, we encourage you to incorporate these additional comments into your final environmental document and to consider them prior to taking final action on the proposed project. Please contact the State Clearinghouse at (916) 445-0613 if you have any questions conceming the environmental review process. If you have a question regarding the above-named project, please refer to the ten-digit State Clearinghouse number (2000111157) when contacting this office. Sincerely, Terry Roberts Senior Planner, State Clearinghouse Enclosures cc: Resources Agency 1400 TE.NTH STREET P.O. BOX 3044 SACRAMENTO, CALIFORNIA 958X2-3044 916-445-0613 FAX 916-323-3018 WWW.OPR.CA.GOV/CLEARINGHOUSE.HTML Department of Toxic Substances Control Winston H. Hickox Agency Secretary California Environmental Protection Agency Edwin F. Lowry, Director 5796 Corporate Avenue Cypress, Califomia 90630 Gray Davis Govemor December 22, 2000 & ISTATE CLEARINGHOUSE RECEIVED DEC 2 9 2000 Mr. Van Lynch Planning Department City of Carlsbad 1635 Faraday Avenue Carlsbad, Califomia 92008-7314 NEGATIVE DECLARATION FOR THE TABATA PROPERTY - ZC 00-04/LCPA 00- 04/CT 00-13/CDP 00-36 PROJECT (SCH #2000111157) Dear Mr. Lynch: The Department of Toxic Substances Control (DTSC) has received your Negative Declaration (ND) for the above-mentioned Project. Based on the review of the document, DTSC's comments are as follows: 1) The ND needs to identify and determine whether current or historic uses at the Project site have resulted in any release of hazardous wastes/substances at the Project area. 2) The ND needs to identify any known or potentially contaminated site within the prdposed Project area. For all identified sites, the ND needs to evaluate whether conditions at the site pose a threat to human health or the environment. 3) The ND indicates that a limited soil sampling and agricultural chemical evaluation were conducted on the site and detennined that the overall potential for significant agricultural hazardous material or contamination onsite was insignificant and no additional testing or mitig^\ion measures are warranted. Provide the information that a regulatory agency certified that no further action is warranted. Otherwise, provide the concentrations of chemicals that are detected at the site. Also, further study is needed to evaluate that whether the site was previously used to store any agricultural chemicals. Further clarifications are needed prior to eliminate the possibilities of onsite soil contamination. ® Printed on Recycled Paper Mr. Van Lynch December 22, 2000 Page Two 4) The ND should identify the mecllanism to initiate any required investigation and/or remediation for any site tnat may require remediation, and which govemment agency will provide appropriate regulatory oversight. 5) If during revision/constnjction ofthe project, soil contamination is suspected, stop revision of the permit/construction in the area and appropriate Health and Safety procedures should be implemented. If it is determined that contaminated soil exists, the ND should identify how any required investigation and/or remediation will be conducted, and which govemment agency will provide appropriate regulatory oversight. DTSC provides guidance for the Preliminary Endangerment Assessment (PEA) preparation and cleanup oversight through the Voluntary Cleanup Program (VCP). For additional information on the VCP or to meet/discuss this matter further, please contact Mr. Johnson P. Abraham, Project Manager at (714) 484-5476 or me at (714) 484-5463. Haissam Y. Salloum, P.E. Unit Chief Southem California Cleanup Operations Branch Cypress Office cc: Govemor's Office of Planning and Research State Clearinghouse P.O. Box 3044 Sacramento, California 95812-3044 Mr. Guenther W. Moskat, Chief Planning and Environmental Analysis Section CEQA Tracking Center Departnient of Toxic Substances Control V P.O. Box 806 Sacramento, Califomia 95812-0806 Gray Davis GOVERNOR STATE OF CALIFORNIA W Governor's Office ofPlanning and Research State Clearinghouse Steve Nissan ACTING DIRECTOR December 27,2000 Van Lynch City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92009 Subject: Tabata Property-ZC 00-04/LCPA 00-04/CTOO-l 3/CDP 00-36 SCH#: 2000111157 Dear Van Lynch: The State Clearinghouse submitted the above named Negative Declaration to selected state agencies for review. The review period closed on December 26, 2000, 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 Enviroimiental 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, Terry Roberts Senior Planner, State Clearinghouse 1400 TENTH STREET P.O. BOX 3044 SACRAMENTO, CALIFORNIA 958X2-3044 916-445-0613 FAX 916-323-3018 WWW.0PR.CA.GOV/CLEARINGH0USE.HTML Document Details Report State Clearinghouse Data Ba;s^ SCH# 2000111157 Project Title Tabata Property-ZC 00-04/LCPA 00-04/CTOO-l 3/CDP 00-36 Lead Agency Carlsbad, City of Type Neg Negative Declaration Description The project site is 5.0 acres in size and is located on the east side of Black Rail Road and 1,500 feet south of future Poinsettia Lane. The project consists of 16 single-family lots with a minimum lot area of 7,500 square feet developed on two cul-de-sac public streets. The site contains no significant habitats as it has been used for agricultural purposes and now lies fallow. The topography onsite consists of a ridge that trends north and south in the center of the property. The high point is 381.6 feet above mean sea level (AMSL) and drops to 348 feet AMSL to the west and 358 feet AMSL to the east. The project will require an export of 22,700 cubic yards of export soil material. Lead Agency Contact Name Agency Phone email Address City Van Lynch City of Carlsbad 760/602-4613 1635 Faraday Avenue Carlsbad Fax State CA Zip 92009 Project Location County City Region Cross Streets Parcel No. San Diego Carlsbad Black Rail Rd and Orchidia 215-040-04 Township 12s Range 4w Section 27 Base SB Proximity to: Highways Airports Railways Waterways Schools Land Use 1-5 McClellan/Palomar NCTD Pacific Ocean Aviara Oaks Elementary Vacant fallow agricultural land/ Limited Control (exclusively agricultural)/ Residential Low-Medium (0-4 DUPA) Project Issues Air Quality; Noise; Toxic/Hazardous; Traffic/Circulation; Vegetation; Other Issues Reviewing Resources Agency; California Coastal Commission; Department of Conservation; Department of Fish Agencies and Game, Region 5; Department of Parks and Recreation; Caltrans, Division of Aeronautics; California Highway Patrol; Caltrans, District 11; Integrated Waste Management Board; Regional Water Quality Control Board, Region 9; Department of Toxic Substances Control; Native American Heritage Commission; Public Utilities Commission; State Lands Commission Date Received 1112712000 Start of Review 11127/2000 End of Review 12/26/2000 Note: Blanks in data fields result from insufficient information provided by lead agency. Citv of Carlsbad Planning Department December 26, 2000 The Brehm Companies 5770 Oberiin Drive San Dlego, CA 92121 SUBJECT: ZC 00-04/LCPA 00-04/CT 00-13/CDP 00-36 - TABATA The preliminary staff report for the above referenced project will be mailed on Friday, December 29, 2000. This preliminary report will be discussed by staff at the Development Coordinating Committee (DCC) meeting which will be held on January 8, 2001. A twenty (20) minute appointment has been set aside for you at 9:30 a.m. If you have any questions concerning your project you should attend the DCC meeting. It is necessary that you bring your required unmounted colored exhibit(s) with you to this meeting in order for your project to go forward to the Planning Commission. Your 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. If you do not plan to attend this meeting, please make arrangements to have your colored exhibit(s) here by the scheduled time above. If you need additional information concerning this matter, please contact your Planner, Van Lynch at (760) 602-4613 CITY OF CARLSBAD GARY E. WAYNE Assistant Planning Director GEW:VL:mh c: File Copy Stuart Fisk, Hofman Planning, 5900 Pasteur Court, Ste. 150, Carisbad, CA 92008 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us Department of Toxic Substances Control Winston H. Hickox Agency Secretary California Environmental Protection Agency Edwin F. Lowry, Director 5796 Corporate Avenue Cypress, California 90630 Gray Davis Governor December 22, 2000 Mr. Van Lynch Planning Department City of Carisbad 1635 Faraday Avenue Carisbad, California 92008-7314 NEGATIVE DECLARATION FOR THE TABATA PROPERTY - ZC 00-04/LCPA 00- 04/CT 00-13/CDP 00-36 PROJECT (SCH #2000111157) Dear Mr. Lynch: > , The Department of Toxic Substances Control (DTSC) has received your Negative Declaration (ND) for the above-mentioned Project. Based on the review ofthe document, DTSC's comments are as foilows: 1) The ND needs to identify and determine whether current or historic uses at the Project site have resulted in any release of hazardous wastes/substances at the Project area. 2) The ND needs to identify any known or potentially contaminated site within the proposed Project area. For all identified sites, the ND needs to evaluate whether conditions at the site pose a threat to human health or the environment. 3) The ND indicates that a limited soil sampling and agricultural chemical evaluation were conducted on the site and determined that the overall potential for significant agricultural hazardous material or contamination onsite was insignificant and no additional testing or mitigation measures are warranted. Provide the information that a regulatory agency certified that no further action is warranted. OthenA/ise, provide the concentrations of chemicals that are detected at the site. Also, further study is needed to evaluate that whether the site was previously used to store any agricultural chemicals. Further clarifications are needed priorto eliminate the possibilities of onsite soil contamination. ® Printed on Recycled Paper Mr. Van Lynch December 22, 2000 Page Two 4) The ND should identify the mechanism to initiate any required investigation and/or remediation for any site that may require remediation, and which government agency will provide appropriate regulatory oversight. 5) If during revision/construction ofthe project, soil contamination is suspected, stop revision of the permit/construction in the area and appropriate Health and Safety procedures should be implemented. If it is determined that contaminated soil exists, the ND should identify how any required investigation and/or remediation will be conducted, and which government agency will provide appropriate regulatory oversight. DTSC provides guidance for the Preliminary Endangerment Assessment (PEA) preparation and cleanup oversight through the Voluntary Cleanup Program (VCP). For additional information on the VCP orto meet/discuss this matter further, please contact Mr. Johnson P. Abraham, Project Manager at (714) 484-5476 or me at (714) 484-5463. Sincerely, V Haissam Y. Salloum, P.E. Unit Chief Southern California Cleanup Operations Branch Cypress Office cc; Governor's Office of Planning and Research State Clearinghouse P.O. Box 3044 Sacramento, California 95812-3044 Mr. Guenther W. Moskat, Chief Planning and Environmental Analysis Section CEQA Tracking Center Department of Toxic Substances Control P.O. Box 806 Sacramento, California 95812-0806 W STATE OF CALIFORNIA w rf<2^?5>.^ Governor's Office ofPlanning and Research f ^^g^ State Clearinghouse ^RS^ Gray Davis Steve Nissan GOVERNOR ACTING DIRECTOR ACKNOWLEDGEMENT OF RECEIPT DATE: December 14, 2000 TO: Van Lynch City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008-7314 RE: Tabata Property-ZC 00-04/LCPA 00-04/CTOO-l 3/CDP 00-36 SCH#: 2000111157 This is to acknowledge that the State Clearinghouse has received your enviromnental document for state review. The review period assigned by the State Clearinghouse is: Review Start Date: November 27, 2000 Review End Date: December 26, 2000 We have distributed your document to the following agencies and departments: Califomia Coastal Commission Califomia Highway Patrol Caltrans, District 11 Caltrans, Division of Aeronautics Department of Conservation Department of Fish and Game, Region 5 Department of Parks and Recreation i. Department of Toxic Substances Control Integrated Waste Management Board Native American Heritage Commission Public Utilities Commission Regional Water Quality Control Board, Region 9 Resources Agency State Lands Commission The State Clearinghouse will provide a closing letter with any state agency comments to your attention on the date following the close of the review period. Thank you for your participation in the State Clearinghouse review process. 1400 TENTH STREET P.O. BOX 3044 SACRAMENTO, CALIFORNIA 95812-3044 916-445-0613 FAX 916-323-3018 WWW.0PR.CA.GOV/CLEARINGH0USE.HTML o Hofnnan Planning Associates Planning Project Management Fiscal Analysis December 14, 2000 Van Lynch City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92026 RECEIVED DEC 14 2000 CITY OF CARLSBAD PIANNING DEPT. Subject: Tabata Property - Public Noticing and Plan Sets for Hearings Dear Mr. Lynch: Per your letter dated November 29, 2000, attached are 10 copies of the Tabata (CT 00-13) tentative map and landscape plans, along with one copy of the reduced tentative map. Also attached to the plan sets is the large scale location exhibit showing neighboring properties. Noticing is also attached, including a 600' owners list and radius map, 100' occupant list and radius map, and two sets of mailing labels. There is one mailing label for the occupant list and there are nine mailing labels for the owners list. Therefore, the fee for mailing costs has been paid in the amount of $6.60 (20 labels @ $0.33). I expect to have the updated Disclosure Statement to you by the end of next week. In the meantime, if you have any questions or need anything else to prepare this project for Plaiming Commission please call me at 438-1465. Sincerely, Stuart Fisk Kristin Coulson 5900 Pasteur Court • Suite 150 • Carlsbod • CA 92008 • (760) 438-1465 • Fax: (760) 438-2443 Citv of Carlsbad Planning Department October 23, 2000 The Brehm Companies Bill Kennedy 5770 Oberlin Drive San Diego CA 921 21 SUBJECT: ZC 00-04/LCPA 00-04/CT 00-13/CDP 00-36 - TABATA PROPERTY Dear Mr. Kennedy: The Planning and Engineering departments have completed the second plan check and have the following comments: Planning: 1. Please add all the application types and numbers to the title sheet. 2. Please correct the ADT to reflect the number of units multiplied by 10, the number of trips generated on a per unit basis. 3. Lots 5 and 14 are awkwardly placed between two driveways to adjacent lots. These two lots have the potential to have two front yards looking at them. The lots should be designed as previously shown on the first submittal, without the use of panhandle lots. It will be difficult for planning to justify the approval of these panhandle lots with alternative designs that work better. It also appears that Lot 13 does not conform to the 8,000 sq ft minimum requirement. 4. To reduce the retaining wall heights in the back of Lots 6 through 9, please raise the pad heights 2 to 3 feet and show the resulting slope in the front yard area. 5. Please review the top-of-slope and lot line on the northwesterly corner of Lot 1 2. 6. Please explain the heavy line symbol on the easterly slope of Lot 6 (contour line?). 7. Please remove the six-foot retaining wall along the northern property lines of Lots 13, 14, and 15. This will produce an unsightly condition on the adjacent properties. It would be preferred to have a 2:1 landscaped slope rather than the retaining wall. 8. Please consider adding a little more lot width to Lots 1, 9, and 18 as the street side yard setback (10') is at or over the slope on the street side yard. 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us ^ 9. Please show the brow ditch, if proposed, along the northerly property lines of Lots 13, 14, and 15. 10. Please show the cut/fill line on the tentative map plan (Sheet 3). 11. Please clarify on the landscape plans the maintenance responsibilities of the HOA and residence by providing a separate exhibit showing responsibility. The reduced exhibit on the title sheet conflicts with the text on the landscape plan. It appears the HOA is responsible for all walls even between lots as shown on the plans whereas landscaping is not. Please consider removing the walls from the responsibility of the HOA between lots. The Planning Department will require the future CC&Rs to prohibit the return of open space easements back to the underiying property owner. 12. The fire department prefers the hydrants to be located on Lots 9 facing Street B and Lot 18 Facing Street C. Hydrants shall be located within 500 feet of each other. Please enlarge hydrant symbol as they are hard to find, such as the existing hydrant in Black Rail. 13. Please clarify the extent of involvement this project will have with the Aviara community. There may be numerous considerations regarding the integration of this project, or components of the project, into Aviara. 14. Please contact Craig Ruiz, in the City of Carlsbad Housing office, regarding the application to purchase affordable housing credits within the Villa Loma Project. I have contacted the department and they do not a record of the application for housing credits. Engineering: 1. The under grounding of power poles/utilities is unclear. Show last pole to remain standing (if any) and "sweep underground". 2. The proposed grading could be improved. The compound slopes and extensive retaining walls should be reviewed. More of a contour or meeting of grade along the north boundary could improve this issue. The adjacent developer (Ryland Homes) should be contacted to discuss re-grading or a combination of redesign to better "fit" the hillside condition. As approved, the adjacent project meets standards; the proposed Tabata design does not. 3. The proposed grading and drainage system in lot 149 open space needs further explanation. Is the open space deed restricted, where no development is allowed? Additional grading could be approved as part of this plan and could reduce the conflict of design with retaining walls and steep grades. 4. Street "A" is located on the adjacent property to the south. The vicinity map should show the neighborhood street plan the approved projects, and could include the adjacent owners names. Has the adjacent property owner agreed to the dedication? Is there an agreement for the full width grading and offsite 12' of improvement as proposed? Please submit supporting documents for this design. The explanation from Hoffman Planning regarding condemnation is not correct. Is the location the only place this road can go? Is there another alignment that could work better? What are the adjacent property owner's ideas on this issue? 5. The existing curb, gutter, and sidewalk to the north (extension of Cabela Place) are approved. The proposed project should "stand alone", that is show improvements to be constructed and those considered as existing. Do any lots from the Serinata project take access onto Cabela Place? Please identify this condition. Show points of connection, driveways or transitions to the existing approved condition. 6. The proposed (4) panhandles will be difficult to support. Certain findings have to be made to support and approve panhandles. The panhandle design would have to be approved by the City Council. I recommend a redesign to eliminate them. 7. Please extend and connect to the water line in Cabela Place and in Docena Ct. The loop will improve fire flow and to improve pressure. 8. Amend the vicinity map or RV location map to show neighborhood development. The adjacent lots to the south (Bruger, and Sugino as well as Christalla) have submitted plans that show a good idea how this subdivision will fit. The Key Map, Slope Maintenance exhibit and RV location map could be improved, combined and completed to show a complete picture. (See comments on TM) 9. What is proposed action to the existing road, item #8 shown on the Easement Table, that runs across lots 4,5,6,13,14,1 5,16,17,and 18? Is there an application or request to accompany this project? I have attached a redlined check-print of the project for the Engineer's review. Please return it with the resubmitted revisions. If you have any questions regarding the above, please feel free to give me a call at (760) 602-4613 or Clyde Wickham at 602-2742. Sincerely, Van Lynch Associate Planner VLxs Attachment Chris Decerbo Clyde Wickham Hofman Planning, Stuart Fisk, 5900 Pasteur Court, Ste 1 50, Carlsbad CA 92008 file City of Carlsbad Planning Department October 19, 2000 The Brehm Companies Jim Kennedy 5770 Oberlin Drive San Diego CA 92121 SUBJECT: ZC 00-04/LCPA 00-04/CT 00-13/CDP 00-36 - TABATA PROPERTY Dear Mr. Kennedy: This letter is to explain why the City will not issue a "Complete application" letter for the Tabata Property project. Due to the fact that legislative actions (Zone Change and Local Coastal Program Amendment (LCPA)) are being processed concurrently with quasi-judicial actions (Tentative Map and Coastal Development Permit), the Planning Department has determined that the tentative map and coastal development permit applications must remain incomplete until the legislative actions are approved by the City Council. The current zoning for the property is Limited Control, which only allows agricultural uses. The City cannot approve a development proposal inconsistent with the property's zoning, therefore the map and coastal applications are kept in a state of incompleteness until action is taken on the Zone Change and LCPA application. Staff will continue to process all the applications together and take them forward to the decision makers at the same time. Staff has all the information required to review the application, with the exception of the pesticide/soil testing report which I understand is being prepared. If you have any questions regarding the above, please feel free to give me a call at (760) 602-4613. Sincerely, VAN LYNCH Associate Planner VL:cs c: Hofman Planning, Stuart Fisk, 5900 Pasteur Court, Ste 150, Carlsbad CA 92008 File 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us ^ Hofman Planning Associates Planning Project Management Fiscal Analysis September 29, 2000 Van Lynch CityofCarlsbad 1635 Faraday Avenue Carlsbad, CA 92026 RECEIVED SEP 2 S 2000 C'TV OF CARLSBAn PUNNING DEPT Subject: Tabata (CT 00-13/CDP 00-36) Resubmittal Dear Van: Attached are eight (8) sets of the revised tentative map and landscape plan for Tabata (CT 00-13). The tentative map and landscape plans have been revised to address comments from your letter dated August 3, 2000. The following lists the incomplete items and issues of concem and explains how each item has been addressed: ITEMS TO COMPLETE THE APPLICATION: 1) You requested that a pesticide/soil testing report be submitted. This report is currently being prepared and will be submitted to you as soon as it is available. 2) You requested that we specify how the inclusionary housing requirement will be met and stated that if the proposal is to purchase units within Villa Loma, a request must be made through the Housing office and approved by the Housing team. It is The Brehm Companies' intent to satisfy the affordable requirement through the purchase credits within Villa Loma as stated in the attached letter to Housing & Redevelopment requesting buy-in to Villa Loma for this project. PLANNING ISSUES OF CONCERN: 1) You had stated that the project's landscape plan does not comply with the landscape requirements of SP 203(A). However, since we are not proposing imits or processing a SDP at this time, we believe that it would not be pmdent to place street trees prior to establishing the design of the imits and layout of the hard scape. Per our discussion it was agreed that only erosion control landscaping would be required, 5900 Pasteur Court • Suite 150 • Carlsbad • CA 92008 • (760) 438-1465 • Fax; (760) 438-2443 o except along Black Rail where landscaping will meet requirements of SP 203(A) since this area will not be affected by the final layout of the site. 2) As requested, application types and numbers have been provided on the tentative map and constraints map. 3) You had requested that the grading be revised to eliminate the need for retaining wall and slope combinations. The grading has been revised as feasible to propose 22,700 cubit yards of export, resulting in a reduction of all retaining wall heights by two feet. 4) You requested that RV parking be shown on the tentative map. As proposed, this project will annex into the Aviara Premier Collection HOA and the RV parking for this project will be provided in the Aviara RV lot as shown on the tentative map. 5) Per your request, the percent of the site landscaping (10.3%) has been added to the cover sheet of the tentative map. 6) You had requested that the title report block shown on the cover sheet of the tentative map be moved to sheet 3 of the tentative map. However, per subsequent discussions with you and Clyde Wickham, the title report block has been left on the cover sheet of the tentative map. 7) As requested, the following changes have been made to the constraints map: a. Per your request, the "HDP" application type has been changed to "CDP" and the CDP number has been added to the constraints map. b. Per your request, legend item 9 has been corrected to read "below". c. As requested, legend item 12 has been corrected to read "Special Plarming Areas - Zone 20". d. You had requested the inclusion of an asterisk to legend items 21 and 41-44 or that the items be shown on the plans as appropriate. Since the title report used for our original submittal included both the Tabata property and Planning Area 22 of Aviara, further review of these items revealed that they did not apply to this property. Therefore, these items have been removed from the legend. ENGINEERING ISSUES OF CONCERN: 1) As requested, access to Cabela Place is shown at the end of Street "A". 2) A note has been added to sheet 3 of the tentative map to clarify the under grounding of power poles. '3) As stated in #3 of the Planning issues, the grading has revised as feasible to propose 22,700 cubit yards of export, resuhing in a reduction all retaining wall heights by two feet. 4) As previously discussed with you, Clyde Wickham and Tim Carroll, the grading and drainage system in lot 149 is not a "taking" of open space. Since the tentative map for Aviara Planning Area 22 required the Docena Road connection, the street easement and grading in the open space easement have already been addressed by the approval of the tentative map for Planning Area 22. Per our discussion with Clyde, moving the location of the street easement in order to cormect Street "A" to Cabela Place will not invalidate the easement. 5) The owner of the property to the south of this project has not been contacted regarding the proposed location of Street "A". However, a letter explaining the location and proposed agreement and set of the plans for Tabata will be sent to the property owner within the next week or two. Clyde had previously informed us of the steps we need to follow regarding discussions with the property owner to the south. As I recall, the first step is to contact the property owner to ask for his agreement to the location of Street "A". The property owner will then have 30 days to respond. If we do not receive a response we will make a second attempt and document our correspondence to the property owner. If we do not receive a response after the second attempt the city will intervene and, if necessary, begin condemnation proceedings. 6) The street connection is proposed at Street "A" and Cabela Place. Therefore, this project's improvements will not tie into or transition to the curb, gutter and sidewalk for the Hadley project. However, the project will tie into improvements for Cabela Place as necessary. We believe these revisions to the plans address your concems. If you have any questions or if you need any additional information please feel free to call me at 438-1465. Sincerely, c. Bill Keimedy SEP-27-2000 16=40 619 2933056 P.01/01 THE B<EHM#COMPANIES Sqjtember 14,2000 Debbie Foimtain Housing Sc. Redevelopment 2965 Roosevelt Street Carlsbaid, CA 92008 Subject: Request to Satisfy Affordable Purchasing Credits in Villa Loma Dear Ms. Fountain: Housing Requirement for CT-00-13 by The puipose of this letter is to foraially request the ability to Mfil the affordable requirement for CT-00-1.1 (Tabata) throi^h the purchase of credits in VUla Loma. We are currently processing an 18 lot tentative ms^ for this property (no site plan is proposed at this time), which is located between Black Rail Rood and Planning Area 22 of the Aviara Master Plan, south of Docena Road.. The proposed lots are standard R>1 Lots with public streets. Due to the small size of this project, the cost ofthe land, and the costs to install improvements, we do not believe that it would be economically feasible to im)vide three affordable (as defined) single fiunily homes on-site. A three unit multi-family project would not be economically feasible, nor would it be compatible with sutroundiiftg development, which is all single family detached. Therefore, we are requesting the abiUty to purchase 3.18 credits in Villa Loma to satisfy the affordable housing requirements for this project If you liave any question or if you need any additional information please feel free to call me at (858) 404-9780 or Stuart Fisk of Hofinan Planning associates at (760) 438-1465. Sincerely, The Brehm compames Bill Kennedy / cc: Van Lynch Stuart Fisk .•S770 OBERLIN t'RIVE .s^N ijiiU'K), CA y2nui7ii TOTAL P.Bl w Citv of Carlsbad Planning Department August 3, 2000 The Brehm Companies Jim Kennedy 5770 Oberiin Drive San Diego CA 92121 SUBJECT: ZC 00-04/LCPA 00-04/CT 00-13/CDP 00-36 - TABATA Thank you for applying for Land Use Permits in the City of Carisbad. The Planning Department has reviewed your Zone Change, Local Coastal Program Amendment, Tentative Map, and Coastal Development Permit, application nos. ZC 00-04/LCPA 00-04/CT 00-13/CDP 00-36, as to their completeness for processing. Due to the fact that legislative actions (Zone Change and Local Coastal Program Amendment) are being processed concurrently with quasi-judicial actions, the Planning Department has determined that the tentative map and coastal development permit applications must remain incomplete until the legislative actions are approved by the City Council. Attached are two lists. The first list is information which must be submitted for your application. This list of items must be submitted directly to your staff planner by appointment. All list items must be submitted simultaneously and a copy of this list must be included with your submittals. The second list is issues of concern to staff. Please contact your staff planner. Van Lynch, at (760) 602-4613, if you have any questions or wish to set up a meeting to discuss the application. Sincerely, MICHAEL J.TIOLZMILLER Planning Director MJH:VL:cs c: Chris Decerbo Clyde Wickham File Copy Data Entry Planning Aide Hofman Planning, Stuart Fisk, 5900 Pasteur Court, Ste 150, Carisbad CA 92008 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 ^ LIST OF ITEMS NEEDED TO COMPLETE THE APPLICATION No. ZC 00-04/LCPA 00-04/CT 00-13/CDP 00-36 Planning: 1. The site has been historically utilized for agricultural purposes, therefore, the final Program EIR for SP 203(A), which covers this property, requires the submittal of a pesticide/soil testing report prior to the approval of the tentative map. 2. The project is subject to the inclusionary housing requirements. Please specify how the requirement will be met. If the proposal is to purchase units within the Villa Loma project, a request must be made through the Housing office and approved by the Housing team. If the requirement is to be met onsite, a Site Development Plan application and specific design information must be submitted. ISSUES OF CONCERN Planning: 1. The project's landscape plan does not comply with the landscape requirements of SP 203(A). Street trees requirements - 70% of the homes must have 1 - 24" box tree and 2 - 15 gallon trees/ 30% from the theme palette and 70% from the accent palette (see pg 90 of the Specific Plan). 2. Please provide application types and numbers on the plans. 3. Please revise grading to eliminate the need for retaining wall and slope combinations. The combination wall/slope conditions along Black Rail are unacceptable. 4. Please consider the proposed lot sizes and the need to provide Recreational Vehicle (RV) parking for the development. Twenty-five percent of the lots are required to accommodate a recreational vehicle (minimum 10 feet wide by 200 square feet of level area). Please show typical home plotting with adequate area for an RV. 5. Please add the percent of site landscaping (12.3%) to the cover sheet rather than reference the landscape plan. 6. The Title report block on the cover sheet does not identify easements on the key map. This table would be better placed on tentative map sheet 3. See item seven below for additional easement block comments. 7. Please correct the Constraints map as follows: a. Correct H.D.P. application type to C.D.P. and add number (CDP 00-36) b. Legend, Item 9, correct to "below" c. Legend, Item 12, correct to Special Planning Areas - "Zone 20" d. Include asterisk to items 21,41 - 44 or show items on plans as appropriate. Engineering: 1. Access to Docena Rd. or to Cabela Place is required. Both streets are dedicated as public and serve as neighborhood connections to Aviara Oaks Elementary and Secondary Schools. 2. The under grounding of power poles is unclear. Show last pole to remain standing (if any) and "sweep underground." 3. The proposed grading could be improved. The compound slopes and retaining walls along the north boundary should be reviewed. More of a contour or meeting of grade could improve this issue. 4. The proposed grading and drainage system in lot 149 open space needs further explanation. Is the open space deed restricted, where no development is allowed? Will a land swap or additional dedication be required to offset the "taking" of open space? 5. Street "A" is located on the adjacent property to the south. Has the adjacent property owner agreed to the dedication? Is there an agreement for the full width grading and offsite 12' of improvement as proposed? Please submit supporting documents if any for this design. 6. The existing curb, gutter, and sidewalk to the north are currently in plancheck. This project should "stand alone" that is show improvements to tie into or transitions to the existing condition. Memorandum TO: Associate Planner, Mike Grimm FROM: Associate Engineer, Clyde Wickhar DATE: April 21, 2000 RE: PRE 00 - 18, BREM COMPANIES "CANTERINA" We have completed our review of the preliminary design identified above. Our comments are limited to the information provided. Please incorporate these comments in your letter to the applicant. 1. The proposed project in terms of private streets is not supported. We have conditioned adjacent projects to circulate and connect to Docena Road, a dedicated and graded public road. Ideally we would like to see a network of connecting public streets and neighborhood access to Aviara School, as well as Yamamoto, Buerger, Sugino, and Brem's "Cristalla" project. I have attached a rough sketch of this idea to help explain the general idea. 2. The proposed hammerhead design on Street "E" is not supported. We recommend using the City Standard cul de sac or wrap the alignment around to provide access to adjacent parcels and use a temporary cul de sac (DS-5). 3. The adjacent project to the north (Hadley) and the proposed grading for that subdivision should be shown. They (Ryland Homes) are in the final stage of plan check and may start grading next month. Please pass these comments on to the applicant. If you or the applicant have any questions please give me a call at ext. 4353. 9 Citv of Carlsbad Planning Department March 28, 2000 Bill Hofman Hofman Planning Associates 5900 Pasteur Court, Suite 150 Carisbad, CA 92008 S JECT: TABATA/AVIARA PLANNING AREA 22 D . Bill: Staff has reviewed your request to use a flat, unvegetated portion of Aviara PA 22 for density credit for a project on the adjacent Tabata Property. The portion of PA 22 is in a coastal restricted open space area but is otherwise developable although it is our understanding that it was to be revegetated in the future as a part of previous project agreements. In order to use it for density credit, it must be legally a part of the property being developed. After thoroughly reviewing all pertinent background, staff believes that the Tabata property should be consolidated with PA 22 and annexed into the Aviara Master Plan. Staffs major concern is that the PA 22 open space is some of the best open space in Aviara and coordinating maintenance between the Master Association for Aviara and the developed project in Zone 20 on the Tabata property might not provide for acceptable maintenance and revegetation efforts. If you have any further questions, feel free to contact me or Mike Grim, Senior Planner, (760) 602-4623. Sincerely, MICHAEL! HOLZMILLER Planning Director c: ^Mike Grim, Senior Planner 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 ^ THE B<EHM*COMPANIES March 27,2000 Mr. Michael Holzmiller City of Carlsbad 1635 Faraday Avenue Carlsbad, Califomia 92008 Re: Aviara Planmng Arca 22 & The Tabata Property Dear Mr. Holzmiller Recently, The Brehm Companies submitted a Preliminary Review for Planning Arca 22 of the Aviara Master Plan and the adjacent Tabata property. Bill Hofinan and Mike Howes of Hofinan Planning Associates have had some conversations with you and Mike Grim regarding the abiUty to use portions ofthe undeveloped area ofPlanning Area 22 for calculating density. The preliminary response that Hofinan Planning Associates received is that this is a possibility since it had been done in other portions ofthe Aviara Master Plan. Staff has, however, expressed sorae concems about the level of maintenance that will occur in the undeveloped area if it is deannexed fixim tbe Aviara Master Plan. It appears to be staffs concem that it would not receive the same level of maintenance that it would have received ifit had remained in the Aviara Master Plan, especially for the areas that were being revegetated with Southera Maritime Chaparral. Even though this area would be deannexed from the Aviara Master Plan it is Brehm's intent to have the maintenance of this area timied over to the Master Homeowners Association, as is currently intended, to ensure that the same level of maintenance occurs. Hopefully this letter addresses your concems. Please feel free to contact me or Mike Howes of Hofinan Planning Associates if you have any questions. Sincerely, The Brehm Companies ^ Paula Lombardi Vice President'ProJect Management cc: Mr. Mike Grim, City of Carlsbad Mr. Mike Howes, HPA 5170 OBERLIN CRIVE 858 4J.--.W0 SAN uieCio,c:A«ui.nj3 nix j.vi.wjfi PROJECT DESCRIPTION PRELIMINARY REVIEW FOR CANTARINA (APN:215-040-04 and 215-041-01 through 215-041-11) Background The Cantarina property Is located on the east side of Black Rail Road south of Docena Road. The project site is approximately 11.7 acres in size and consists of 12 parcels. The Tabata parcel (APN 215-040-04) is zoned as Limited Control (LC) and was historically used for agriculture. The Aviara Planning Area 22 portion ofthe site (APN 215-041-01 through 215-041-11)) is zoned as Planned Community (PC) and has an already approved Tentative Map(CT 92-03) which allows for 9 single family homes served off of Cabela Place, a public street connecting to the Hadley Property (CT 98-17) to the north. The General Plan designation for the project is RLM (0-4du/ac). The proposed density is 3.3 dwelling units per acre with a minimum lot size of 4,984 square feet. Density credit is assumed for the disturbed vegetation In the open space easement in Planning Area 22 of the Aviara Master Plan (see attached exhibit A) which was once used as a borrow site. This disturbed area is approximately 2.3 acres. The goal of the project is to de-annex the Planning Area 22 portion of the property out of the Aviara Master Plan, because it is isolated from the rest of the master plan by a large portion of open space. This would eliminate conflicts created by having two different Home Owners Association for the same project. The proposed project would also eliminate the connection through Docena Road from Planning Area 22 into Planning Area 21, which was approved as part of CT 92-03. This connection Is being eliminated because the proposed project will have two accesses onto Blackrail Road. One through the project site and another through the Hadley Property to the north. This change will also result in a larger undisturbed open space area by deleting the road connection to Planning Area 21 ofthe Aviara Master Plan. Product Type / Architecture It is anticipated that there will be three floor plans ranging from 2,360 to 2,800sq.ft.. The final product mix will include a combination of 3BR/2.5BA, 4BR/3.5BA and a 3BR/4BA with a granny flat. Each unit will be designed with a direct access two car garage, fireplace, central air heating, and washer/dryer hookups. The project will have three different architectural styles consisting of Spanish, Tustin and Monterey with many building planes. A Home Owner Association (HOA) will be organized outside ofthe Aviara HOA once Planning Area 22 Is de-annexed out of the Aviara Master Plan. The Cantarina HOA will be responsible for the management, maintenance and periodic replacement of the association's assets as well as the open space areas. The common recreation area will be centrally located and provide both active and passive recreational facilities. Arrangements have been made with the Aviara Master Plan Homeowners Association to allow this project to utilize excess RV storage space within the Aviara Recreational Vehicle Storage Area. The units will be individually metered for trash, sewer, water, gas and electric utilities. Irrigation for common areas will be billed to the projects Home Owners Association. Conclusion We believe that the proposed project will be compatible with the surrounding single family homes. Although the proposed density of 3.3 dwelling units per acre Is slightly higher than the adjacent development, the diverse architecture and street scape will compliment the area. In addition, the new product type will add to the product diversity in this portion ofthe City by providing a smaller product type. n o • T H NOSCALE NOTI: Aa LOCATIONS APMOUun CANTARINA LOCATION MAP • Hofman Pfanning Associates 03/20/200E 17: 02 7604382443 HOFMAN PLANNING PA6E 82 -J PROJECT NAME: PRELIMINARY RFVTF.W APPLICATION Canterina OWNER (Print or type) * The Brehm Companies Addres.s "^770 nhftrttn nrHv^ City. State & Zip San Dieqo, CA 92121 Telephone ( BFiR) 4'^l-:^04t) Signature. •Owner's s APPLICANT (Print or type) Hofifian Planninq Associates Address ^^^^ Pastuer Ct., Ste. 150 City, State&Zip Carlsbad, CA 92008 Telephone (760)438-1465 Signature ^^ij^^^^ .^^^ rmission to conduct a preliminary review for a development proposal. PROIECT ASSESSOR'S PARCEL NUMBER(S) (APN): 21 ^-040-04 ant^ 21 5-041 - M-11 ^ DESCRIPTION OF PROPOSAL (ADD ATTACHMENT IF NECESSARY): (PLEASE SEE ATTACHED> WOULD YOU LIKE TO ORALLY PRESENT YOUR PROPOSAL TO YOUR ASSIGNED STAFF PLANNER/ENGINEER? YES ® • PLEASE LIST THE NAMES OF ALL STAFF MEMBERS YOU HAVE PREVIOUSLY SPOKEN TO REGARDING THIS PROJECT. IF NONE, PLEASE SO STATE, FOR CITY USE ONLY PROJECT NUMBER: (^(D^/f^ FEE REQUIRED/-DATE FEE PAID: RECEIPT NO.: RECEIVED BY: iJ.lj/^^^^ Routing: Planning ^^^^..^.^^JEngineering Fire,g^ Waterp Other. FRM002S 11/98 PAGE 3 of 3