HomeMy WebLinkAboutCT 00-22; Redeemer by the Sea; Tentative Map (CT)1 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 Development Permit OO-fH • Precise Development Plan
m Conditionai Use Permit • Redevelopment Permit
• Condominium Permit • Site Development Plan
• Environmental Impact
Assessment
• Special Use Permit
• General Plan Amendment • Specific Plan
• Hillside Development Permit • Tentative Parcel Mop
Obtain from Engineering Department
Local Coastal Plan Amendment Tentative Tract Map CO'ZZ-
• Master Plan • Variance
• Non-Residential Planned
Development
Zone Change co-io
• Planned Development Permit • List other applications not
specified
2)
3)
4)
ASSESSOR PARCEL NO(S).:
PROJECT NAME:
5 CH3-3^
BRIEF DESCRIPTION OF PROJECT: fiA&eo ^S>.Ky^f^£Aic^ft^ ^Ar<ieyt^&^^ (^>Y'^. PA-/gAg.&4'^^^t
5) OWNER NAME (Print or Type) 6) APPLICANT NAME (Print or Type)
MAILING ADDRESS
(Jhe^fo /^^re Dec-Aee TO *t loo
MAILING ADDRESS
CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE
1 CERTIFY THAT 1 AM THE LEGAL OWNER AND THAT ALL THE ABOVE
INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE. ^
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.
i\-i/l/LjZi/ II.Z0-0O
SIGN>(^URE ^ ft^ncM^ DATE J I i /—' ——=^
SIGWATURE DATE
7) BRIEF LEGAL DESCRIPTION
NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED. MUST BE SUBMITTED PRIOR TO 3:30 P.M.
A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED. MUST BE SUBMITTED PRIOR TO 4:00 P.M.
Form 16 PAGE 1 OF 3
8) LOCATION OF PROJECT
ON THE
BETWEEN
€ie>oTH
STREET ADDRESS
SIDE OF
(NORTH, SOUTH, EAST, WEST) (NAME OF STREET)
AND
(NAME OF STREET) (NAME OF STREET)
9) LOCAL FACILITIES MANAGEMENT ZONE
10) PROPOSED NUMBER OF LOTS
2.0
\3
1 3) TYPE OF SUBDIVISION
16) PERCENTAGE OF PROPOSED
PROJECT IN OPEN SPACE
19) GROSS SITE ACREAGE
22) EXISTING ZONING
11) NUMBER OF EXISTING
RESIDENTIAL UNITS
14) PROPOSED IND OFFICE/
SQUARE FOOTAGE
17) PROPOSED INCREASE IN
ADT
20) EXISTING GENERAL
PLAN
1 2) PROPOSED NUMBER OF
RESIDENTIAL UNITS
15) PROPOSED COMM
SQUARE FOOTAGE
18) PROPOSED SEWER
USAGE IN EDU
21) PROPOSED GENERAL
PLAN DESIGNATION
f^dtf. 23) PROPOSED ZONING p-I-T6K)
24) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY
STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS
TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT
TO ENTRY FOR THIS PURPOSE
SIGNATURE ^ I '
FOR CITY USE ONLY
FEE COMPUTATION
APPLICATION TYPE FEE REQUIRED
ox
TOTAL FEE REQUIRED
RECEIVED
DEC 0 8 2000
CITY OF CARLSBAD
DATPfePeM!|qfW^I9gj5y RECEIVED
RECEIVED BY:
DATE FEE PAID RECEIPT NO.
Form 16 PAGE 2 OF 3
PROJECT DESCRIPTION/EXPLANATION
PROJECT NAME: ^OEemeii^ fcv THE L^m-iet^^^.^ g^^HonZ-c^
APPLICANT NAME: OOI^IK^-^ + At»b*joioi AT-TS^ Ap^Hirec^r^
Please (jescribe fully the propose(d 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:
Ati^D A ^W-^^\^^^P«o &ootvs.'nor-J BDoiuoirjfc, C »'^-'e> liwz^oe'bo-teoLJ) , THe ^ITS
fce. D&i-ie oj/ -twe APpj2.ope.\Are. R^UV^^G..
0f^6 ^A^oro^,z.-f -t5Mea- ^lut- fee iM-Fii-uec? uo/A Mo^c^y , ^
Project Description 10/96' Page 1 of 1
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 start upon the date of the completion letter.
Applicant Signature
Staff Signature:
Date: //-^O-OO
To be stapled with receipt to application
Copy for file
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
applications for other approvals which are prerequisites to the map; i.e.. Environmental
Assessment, Environmental Impact Report, Condominium 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 mtist be signed by the applicant
or his agent. If you choose not to sign the statement, the City will not accept your application
for the Tentative Map imtil 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.
^ffe ' Date Signal
tm ^ ,
Name (Printj fl^^rt^cf^ft ^ Relationship to Application
(Property Owner-Agent)
FRM0037 2/96
PRQJECT DESCRIPTION/EXPLANATION
PROJECT NAME:
APPLICANT NAME;
Please describe fully the proposed project. Indude any details necessary to aaeauateiy
explain the scope and/or operation of the proposed project. You may also mctuae any
background information and supporting statements regarding the reasons for cr
appropriateness of. the application. Use an addendum sheet if necessary.
J.d3a ONINNV .'1
Description/Exj^lVaieniiyvO dO AliO
a3AI303bl
n«v. 4/B1 ProiD—c.ttm
Cfty Engineer \^
CITY OF CARLSBAD
2075 Las Palmas Drive
Carisbad, CA 92009-1576
PROPOSED MINOR SUBDIVISION NO.
1 (We), the undersigned owner(s), do hereby state that I (We) have read Section 66427.1 ofthe Subdivision
Map Act and I (We) will nmke the notifications to the tenants required therein.
DATE Oy^ER / ^Ay>.fl^
DATE OWNER
66427.1 ESTABLISHES PEQUIPEMEtTTS FOR NOTICE TO TEITAKTS AND RTGHT OF
TENANTS TO EXCLUSIVE CONTRACT FOR PURCHASE IN CONDOMINIUM,
COMMUNITY APARTMENT OR STOCK COOPERATIVE PROJECTS
The legislative body shall not approve a final map for a subdivision to be created from the conversion
of residential real property into a condominium project, a community apartnwnt project, or a stock
cooperative project unless it finds all of the following:
(a) ^ch of the tenants of the proposed condominium, community apartment project or stock
cooperative project has received, pursuant to Section 66452.9, written notification of intention to convert at
least 60 days prior to the filing of a tentative map pursuant to Section 66452. There shall be a further finding
that each such tenant, and each person applying forthe rental of a unit in such residentiai real property, has,
or will have, received all applicable notices and rights now or hereafter required by this chapter or Chapter
3 (commencing with Section 66451). In addition, a finding shall be made that each tenant has received 10
days' written notification that an application for a public report will be, or has been, submitted to the
Department of Real Estate, and that such report will be available on request. The written notices to tenants
required by this sut}division shall be deenried satisfied it such notices comply with the legal requirements for
service by mail.
(b) Each of the tenants of the proposed condominium, community apartment project, or stock
cooperative project has been, or will be, given written notification within 10 days of approval of a final map
for the proposed conversion.
(c) Each of the tenants of the proposed condominium, community apartment project, or stock
cooperative project has been, or will be, given 180 days' written notice of intention to convert prior to
termination of tenancy due to the conversion or proposed conversion. The provisions of this sutxiivision shall
not alter or abridge the rights or obligations of the parties in performance of their coveruints, ir^luding, but
not limited to, the provision of services, payment of rent or thie obligations imposed by Section 1941,1941.1,
and 1941.2 of the Civil Code.
(d) Each of the tenants of the proposed condominium, community apartment project, or stock
cooperative project has k^een, or will bB, given notice of an exclusive right to contract for the purchase of his
or her respective unit upon the sanr>e terms and conditions that such unit will be initially offered to the general
public or temns more favorable to the tenant. The right shall mn for a period of not less than 90 days from
the date of issuance of the subdivision public report pursuant to Section 11018.2 of the Business and
Professions Code, unless the tenant gives prior written notice of his or her intention not to exercise the right.
(e) This section shall not diminish, limit or expanc. other than as provided herein, the authority
of any city, county, or city and county to approve or disapprove condominium projects.
[Amended, Chapter 1128, Statutes of 1980]
PAdocsVmisformsVcandocoafnn
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arlsbad Unified School District
801 Pine Avenue • Carlsbaci, CA 92008
^frf' (760) 729-9291 • FAX (760)729-9685 ...a world class district
November 17, 2000
State of Califomia
Department of Real Estate
107 South Broadway, Room 7111
Los Angeles, CA 90012
Re: Project Name:
Developer: Redeemer by the Sea
Location: South of Poinsettia Lane, East of Black Rail Road
A.P.N.: 215-080-22
Project Size: 12 single family units
Carlsbad Unified School District has reviewed the above project and its impact on school attendance areas in this
District. At this time, the schools of attendance for this project are:
Aviara Oats Elementary School (K-5)
6900 Ambrosia Lane
Carlsbad, CA 92009
(760) 602-6080
Aviara Oaks Middle School (6-8)
6880 Ambrosia Lane
Carlsbad, CA 92009
(760) 602-6040
Carlsbad High School (9-12)
3557 Monroe Street
Carlsbad, CA 92008
(760)434-1726
The Goveming Board wishes to advise the Department of Real Estate and residents of Carlsbad that at present the
Carlsbad Unified School District elementary schools are operating at full capacity. It is possible, therefore, that the
students generated from this project may not attend the closest neighborhood school due to overcrowded conditions
and, in fact, may attend school across town. You should also be aware that there are no school buses for regular
student transportation from home to school.
The Goveming Board wishes to also inform you that conditions imposed upon new development within the City of
Carlsbad requires mitigation of school impacts.
Sincerely,
Gaylen Freeman ^
Assistant Superintendent, Business Services
cc: Randy Brown, Sowards and Brown Engineering
^ 0 iZQ
Master Vision Plan
Proposed Phase One
o
Redeemer by the Sea Lutheran Church
Carlsbad, CA
2000-2002 Sr
o
Commit to the Lord whatever you do, and your
plans wiil succeed."
Proverbs 16:3
Our 20 Year Vision Plan
Worship
- Worship Seating for 400
- Parking for 162 cars
(1 per 2.5 seats)
Family Life Center
- Great Hall / Gym
- Kitchen / Dining for 650
- (2) Youth Centers
- Fireside Room for 40
- Theater for 120
- Fitness Center
- Bookstore
• Education
- K-8 Elementary School for
240 students
- Preschool/Child Care for 118
students
- Adult Sunday School / Bible
Study for at least 100
• Elder Center for 32
• Administration
- Church Offices for 9
- School Offices for 4
- Preschool / Day Care Offices
for 3
Our Committee Recommends:
o
()
•o CO o
Q:
•(5 CC
o eg
CO
Worship
400 seats
Offices (Below)
Child Care Preschool for 118 (Below)
Mtg Rms (Above)
Poinsettia Lane
Outdoor
Play for 118
Parking
Water Tanks
50' setback (slope)
Family
Ufe Ctr
(Above & Below)
Family
Ufe Ctr
(Above & Below)
Day Schooi
K-8 (2 stories)
Elder 1 1
9912 Sf
9630 sf
9630 sf
9630 sf
11764sf
Outdoor
Play for 240 (Above)
Parking
62 Cars (Below)
10'setback - - - •
60' ROW
8064 sf
8750 sf
1 8750 sf
I
8750 sf
10724 sf
9055 sf S
8750 sf
8750 sf
O
o
CO
19413 sf -
slope
Proposed IVIaster Plan - 1,300 Members
Redeemer by the Sea Lutheran Church - Carlsbad, CA
Master Plan - Section
o
Worship ;
'Offices7 Child Care ^ Parking Family Life Center
Conceptual Section
: Day Schoor4;8
*! T)ay Scho(3rK-3
Outdoor Play
'P'arRihg
o
Master Plan - Ground Level
o
03
O
a:
"co
01 o ro
o o
CO
CQ
Poinsettia Lane
Child Care
Preschool for 118 (Belovi^)
Offices (Below)
Outdoor
Play for 11 £
Parking :
100 Cars;
50' setback (slope)
Fam
Life Itr/^
Fam
Life Itr/^ Day School
K-3
Fam
Life Day School
K-3
Elder
Ctr
Parking -
62 Oafs
10' setback
o ra .a
•S)
(A
O
9912 sf
9630 sf
60' ROW
8064 sf 9055 sf
8750 sf 8750 sf
9630 sf
o
-a CO o
tr
"co
01
o _co
CQ
ro
a
tf)
o
CM
o
Master Plan - Upper Level
Poinsettia Lane
Worship Ctr
400 Seats
Mtg Rms
50' setback (slope)
Family
Life Ctr
Family
Life Ctr Day School
4-8
Family
Life Ctr Outdoor Play
for 240
10' setback"
9912 sf
9630 sf
60' ROW
o
a
0) IA
O
8064 sf 9055 sf
8750 sf 8750 sf
Proposed Phase One
• 200 seat Worship / Fellowship
Center
- Sacristy, Narthex, Nursery for 15,
Restrooms, Elevator
0 - Artwork
• Church Offices
- Pastor + Assistant
• Child Care / Preschool for 48
- Lobby, Restrooms
- Classrooms
• Site Improvements
- Grading (Entire Site)
- Parking for 100 cars
- Outdoor Play Area for 48
- Fellowship Courtyard
- Landscape & Irrigation
• Other Considerations (Included)
- Water, Electrical, Fire, Sewer
- Agency Fees and Conditions of
Approval
- Generai Contractor's 0/P
- Insurance & Bonds
- Construction Loan Interest
- Furnishings, Fixtures &
Equipment
- Contingency (10%)
• Total Floor Area = 8,795 sf
• Est Total Project Costs: $1.65M
• Est. Construction Cost = $115/sf
• Est Project Cost = $189/sf
Proposed Phase One
CO
o
a:
a:
o
o
CO jQ .*—• <u to
o
CN
Poinsettia Lane
Proposed Phase One
Multi-Purpose
8,795 sf 2 Stories
Future Church Development
Parking -
100 Cars
mm
TO:
FROM:
DATE:^
FINANCE DEPARTMENT
ENGINEERING/PLANNING/BUILDING
jTEM(S) CHARGE
COPIES
0013210-4901 (PLN)
0015710-4901 (ENG)
DOCS & MAP
0013210-4909 (PLN)
0015710-4909 (ENG) j OTHER (ADD ACCT #
& BRIEF DESCRIPTION BELOW)
^57. >3/24/05
HI
2 01 u-4
TOTAL CHARGE
LuTHERAt^ CHURCH EXTE^^ION FUND
The mission of the Lutheran Church Extension Fund is to provide opportunity to make funds and services available
in support of the Great Commission through The Lutheran Church—Missouri Synod.
March 21, 2005
City of Carlsbad
1635 Faraday Avenue
CarlsbadC A 92008-7314
RE: CDP 00-64 - Redeemer by the Sea Lutheran Church—Carlsbad, CA
To Whom It May Concem:
Enclosed please fmd a check in the amount of $52,325.28 representing payment
of CDP 00-64 (Mitigation Fee).
Should you have any questions, please feel free to contact me at 1-800-854-4004,
extension 1824, or Sue Ryan at extension 1817, or Debbie Grab at extension
1825.
Sincerely,
Pam Ueltzen
Assistant Escrow Disbursing Officer
Enclosures
Mailing Address: PO Box 229009 • St. Louis, MO 63122-9009
Office Location: Sunset Corporate Center • 10733 Sunset Office Drive • St. Louis, MO 63127-1219
1-800-843-5233 • Fax 314-996-1131 • www.lcef.org
Jan-13-OO 01:59P Sowevr-ds & Br-own Eng. ei9 436-8603 P. 02
PROJECT NAME:
PRELIMINARY REVIEW APPLICATION
REDEEMER BY THE SEA
OWNER (Print or type) Kaiser Life
« Insurance Trust of 12/4/89
Address 4060 Morena Blvd. Ste C
City, State & Zip San Dieao CA 92117
Telephone (619) 4^-4140
APPLICANT (Print or type) Redeemer By The Sea
c/c Ken Voertman Lutheran Church
Address ^^^^ South Pacific Street
City, State & zin Oceanside CA 92054
Telephone (760) 72Uf,f,7a
Signature "^^"^y9^au:=j>-^==^
^Owner's signature Indicates popmission to conduct a preliminary review for n development pf oposaL
PROJECT ASSESSOR'S PARCEL NUMBER(S1 fAPNV 215-080-22
DESCRIPTION OF PROPOSAL (ADD ATTACHMENT IF NECESSARY);
Mixed Use Project to develop church site and residential subdivision to include
zone change, tentative subdivision map, conditional use permit, hillside
development permit, site developrnent plan, and coastal permit
WOULD YOU LIKE TO ORALLY PRESENT YOUR PROPOSAL TO YOUR ASSIGNED STAFF
PLANNER'ENGINEER? XES H MQ •
PLEASE LIST THE NAMES OF ALL STAFF MEMBERS YOU HAVE PREVIOUSLY SPOKEN TO
REGARDING THIS PROJECT. IF NONE, PLEASE SO STATE.
Greg Fisher and Galen Peterson (City ConsuTtant)
FOR CITY USE ONLY AO-OS
PROJECT NUMBER: V r\ g ^ ^
FEE REQUIRED/DATE FEE PAID: \| \ ^\00
RECEIPT NO.:
RECEIVED BY: C\.tA Gtfdoo.n
Routing: Planning C] Engineering D Fire Q Water [J Other
FRM002S 11/98 RECEIVED PAGE 3 of 3
JAN 1« 2000
CITY OF CARLSBAD
PLANNING DEPT.
City of Carlsbad
1200 Carlsbad Village Drive Carlsbad CA 92008
Applicant: REDEEMER BY THE SEA
Description
PRE00005
Amount
420 . 00
Receipt Number: R0009397
Transaction Date: 01/18/2000
8143 O1/18/00 OOOl 01 02
C-PRHT " 420.00
Pay Type Method Description Amount
Payment Check 2508 420.00
Transaction Amount: 420.00
NOTIf OF PUBLIC HEARING COUNTY '"LERK —-
Mail to: County Clerk, County of San Diegu, Mailstop 833, PO Box 121750, San Diego, C )2\\2
Response must be received by: Decemyjr 17. 2001
Public Hearing Date: December 19. 2001 ^
Public Hearing Place: 1200 CARLSBAD VILLAGE DRIVE. CARLSBAD, CALIFORNIA. 92008
Public Hearing Time: 6:00 p.m.
Project Title: Redeemer by the Sea - CT 00-22
Lead Agency: CITY OF CARLSBAD - PLANNING Contact Person:
StreetAddress: 1635 FARADAY AVENUE Phone: (760) 602-4614
City: CARLSBAD Zip: 92008
Christer Westman
fLANHm DEHAKIMLNT
City Of
CatWad
County: SAN DIEGO COUNTY
PROJECT LOCATION:
County: SAN DIEGO COUNTY City/Nearest Community: CITY OF CARLSBAD
Cross Streets: Black Rail Road/Poinsettia Lane Total Acres: 10.26
Assessor's Parcel No. 215-080-22-00 Section:
Within 2 Miles: State Hwy #: L:5_
Airports: McCLELLAN/PALOMAR
Twp.
Waterways:
Railways: NCTD
Range: _
Pacific Ocean
ENVIRONMENTAL DOCUMENT:
CEQA: n NOP • Supplement/Subsequent
• Early Cons • EIR (Prior SCH No.)
^ Neg Dec Q Other:
• Draft EIR
LOCAL ACTION TYPE:
•General Plan Update •
QOeneral Plan Amendment Q
OOeneral Plan Element O
QZone Code Amendment Q
Specific Plan
Master Plan
Planned Unit Development
Site Plan
Base:
Schools: Pacific Rim Elementarv School
F i B
Greiory J. Smith. ReconJer/ODunty Clerk
I I Rezone
• Use Pennit
I I Land Division (Subdivision,
Parcel Map, Tract Map, etc.)
NOV 1 6 2001
BY.
I I Annexation
I I Redevelopment
I I Coastal Permit
• Other:
DEVELOPMENT TYPE:
^Residential: Units
^Community: Sq. Ft..
I ICommercial: Sq. Ft..
I llndustrial: Sq. Ft..
12
72,360
Acres.
Acres.
Acres.
Acres
4.35
5.91
PROJECT ISSUES DISCUSSED IN DOCUMENT:
QAesthetic/Visual Q Flood Plain/Flooding 1 1 Schools/Universities • Water Quality
nUAgricultural Land Q Forest Land/Fire Hazard 1 1 Septic Systems • Water Supply/Ground Water
^Air Quality • Geological/Seismic 1 1 Sewer Capacity • Wetland/Riparian
^Archaeological/Historical CH Minerals 1 1 Soil Erosion/Compaction/Grading • Wildlife
OCoastal Zone (HI Noise • Solid Waste n QDrainage/Absorption 1 1 Population/Housing Balance 1 1 Toxic/Hazardous IE]
•
Land Use
1 lEconomic/Jobs 1 1 Public Services/Facilities ^ Traffic/Circulation
IE]
• Cumulative Effect
•Fiscal • Recreation/Parks 1 1 Vegetation • Other:
Present Land Use/Zoning/General Plan Use
Vacant/Limited Control/Residential Low Medium
Project Description:
Subdivision of 10.26 acres into thirteen lots and a zone change from Limited Control to One-Family Residential,
are for single family residential development and the 13th lot is for the development of a church campus.
12 lots
Where documents are located for Public Review: Community Development Center, 1635 Faraday Avenue, Carlsbad, CA 92008
February 2000
PILED IN THE OFFICE OF THE COUN I ; CLERK
SAN DIEGO COUNTY ON NOV 1 6 2001
POSTED NOV 1 6 2001 Rp.MOVFn DEC 1 7 2001
RETURNED TO .AGENCY ON DEC 1 7 2001
DEPUTY
PROOF OF PUBLIC. ION
(2010 & 2011 C.C.P.)
STATE OF C/U.IFORNIA
County of San Diego
I am a citizen of the United States and a resident of
the County aforesaid: I am over the age of
eighteen years and not a party to or interested in the
above-entitled matter. I am the principal clerk of
the printer of
North County Times
Formerly known as the Blade-Citizen and The
Times-Advocate and which newspapers have been
adjudicated newapapers of general circulation by
the Superior Coiut of the Coimty of San Diego,
State of Califomia, for the County of San Diego,
that the notice of which the annexed is a printed
copy (set in type not smaller than nonpariel), has
been published in each regular and entire issue of
said newspaper and not in any supplement thereof
on the following dates, to-wit:
November 26, 2001
This space is f he Coimty Clerk's Filing Stamp
Proof of Publication of
Negative Declaration
I certify (or declare) tmder penalty of perjury that
the foregoing is true and correct.
Dated at
this
San Marcos
26th
, California
day
NEGATIVE DECLARATION
Project Address/Location: East of Black Rail Road and south of Poinsettia Lane ,,„o= Project Description: Tentative Map Subdivision of 10.26
acres into 12 residential lots, a Conditional Use Permit
and Coastal Developement Permit for the development of a church campus on a thirteenth lot, and a zone change and Local Coastal Program Amendment from
Limited Control to One Family Residential.
The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environ-
mental Quality Act and the Environmental Protection Or-
dinance of the City of Carlsbad. As a result of said re-view a Negative Declaration (declaration that the proiect will not have a significant Impact on the environment)
will be issued for the subject project. Justification for this
action Is on file In the Planning Department Acopy of the Negative Declaration with supportive docu-ments Is on file in the Pianning Department, 1635 Fara-
day Avenue, Carlsbad, California 92008. Comments
from the public are Invited. Please submit comments in writing to the Planning Department within 20 days of date of Issuance. If you have any Questions, please call Christer Westman In the Planning Department at (760)
602-4614.
DATED: NOVEMBER 26, 2001
CASE NO CT 00-22/CUP 00-44/CDP 00-64/ZC 00-10/LCPA00-13 CASE NAME: REDEEMER BY THE SEA /S/MICHAEL J. HOLZMILLER
Planning Director
Legal 71575. November 26, 2001
of November, 2001
Signature
NORTH COUNTY TIMES
Legal Advertising
PROOF OF PUBLIC "ION
(2010 & 2011 C.C.P.)
This space is f the Coimty Clerk's Filing Stamp
STATE OF CALIFORNIA
County of San Diego
I am a citizen of the United States and a resident of
the County aforesaid: I am over the age of
eighteen years and not a party to or interested in the
above-entitled matter. I am the principal clerk of
the printer of
North County Times
Formerly known as the Blade-Citizen and The
Times-Advocate and which newspapers have been
adjudicated newapapers of general circulation by
the Superior Court of the County of San Diego,
State of Califomia, for the Coimty of San Diego,
that the notice of wliich the aimexed is a printed
copy (set in type not smaller than nonpariel), has
been published in each regular and entire issue of
said newspaper and not in any supplement thereof
on the following dates, to-wit:
November 22, 2001
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
San marcos
Dated at ^, Califomia
this 23rd day
of November, 2001
Proof of Publication of
Public Notice
NORTH COUNTY TIMES
Legal Advertising
PUBLIC NOTICE TO INTERESTED PARTIES: Please be advised that the City of Carisbad Is consider-ing an amendment to Its Local Coastal Program (LCP) as summarized below. This amendment is being pro-posed by Redeemer by the Sea Carlsbad Lutheran Church and Is currently under review. This notice hereby opens a six weel< review period after which the City Council will consider all comments and act on the pro-posed amendment. A hearing regarding a recommenda-tion by the Planning Commission Is expected to take place in December, and will be duly noticed. The City Council hearing is expected to take place In January, and wiil be duly noticed. Copies of the LCP amendment are available for review at the following locations: (1) Carlsbad Planning Depart-ment, 1635 Faraday Avenue; (2) City Clerk's Office, 1200 Carisbad Village Drive; (3) Carisbad Main Library, 1775 Dove Lane; (4) Georgina Cole Library, 1250 Caris-bad Viiiage Drive; and (5) the California Coastal Com-mission 7575 Metropolitan Dr. , Suite 103, San Diego, CAa2108-4402 PROPOSED LCP AMENDMENT SUMMARY LCPA 00-13 - Redeemer by the Sea The City's Zoning Ordinance Is the Implementing ordi-nance for the Citys Local Coastal Program. Accordingly, this Local Coastal Program Amendment Is necessaiy to ensure consistency between Its proposed amended Zon-ing Ordinance and Its Local Coastal Program. This spe-cific Zone Code Amendment Is as follows: A change of Zoning on a 10.26 acre parcel (Assessor's Parcel Number 215-080-22-00) from Limited Control to One Family Residential. If you have any questions, please call Christer Westman in the Planning Department at (760) 602-4614. Written comments should be sent to the Planning Department at 1635 Faraday Avenue, Cartsbad, California 92008.
LOCAL COASTAL PROGRAM ZONE CHANGE LCPA: 00-1 3
Legal 71539. November 22, 2001
The Coasv News
Decreed A Legal Newspaper by the Superior Court
of San Diego County.
Mail all correspondence regarding public
notice advertising to
The Coast News, P.O. Box 232-550,
Encinitas, CA 92023 (760) 436-9737
Proof of Publication
STATE OF CALIFORNIA, ss
COUNTY OF SAN DIEGO,
1 am a citizen of the United States and a resident of the
county aforesaid;
I am over the age of eighteen years, and not a party to or
interested in the above entitled matter.
1 am principal clerk of the printer of The Coast News, a
newspaper printed and published weekly and which news-
paper has been adjudged a newspaper of general circulation
for the cities of Del Mar, Solana Beach, Encinitas/Cardiff,
Carlsbad, Oceanside, San Marcos/'Vista and the County
Judicial District by the Superior Court of the State of
California, County of San Diego (8/4/94, #677114, B2393,
P396); and that the notice, of which the annexed is a print-
ed copy, has been published in, each regular and entire issue
of said newspaper and not in any supplement thereof on the
following dates, to-wit:
November 22, 2001
I certify under penalty of perjury that the
foregoing is true and correct. Executed at
Encinitas, County of San Diego, State of
Califomia on the 22nd day of November, 2001.
CLM
rko^ Clerk outhe Printer
Space above for County
, CA 92108 (619) 528-4688 (916)
728(714) 573-1965 - SALES
RMATION BY: BRANDI WHITE-ST, Authorized Signature
450816 11/08,11/15,11/22 CN: 5120
TO INTERESTED PARTIES:
:E OF TRUSTEE'S SALE TS No
,611 Doc ID #000106626452005N
Order No. 077017616
tor/Insurer No. 611822970 APN
26-420-18 YOU ARE IN DEFAULT
ER A DEED OF TRUST DATED /1992. UNLESS YOU TAKE
DN TO PROTECT YOUR PROP-
IT MAY BE SOLD AT A PUBLIC
:. IF YOU NEED AN EXPLANA-I OF THE NATURE OF THE PRO-
Please be advised that the CIPiNG AGAINST YOU, YOU
(I TP) as «sijmmari7Pri bplow This ar'-"-D CONTACT A LAWYER, lh. V T T '"'^.^'e is hereby given that CTC Real
Church and IS currently under revieite Services, as duly appointed
(Council will consider all comments ^e pursuant to the Deeb of Trust
dation by the Planning Commission H'ed by Thomas Crall and Bart^ara
^ .1L i J i . I !. husband and wife, dated Council heanng IS expected to takeand recorded 05/04/1992, Copies of the LCP amendmerhstrument No. 1992-0262182, in Department, 1635 Faraday Avenue; --. F'age -,), of Official Records in Librarv 1775 Dove Lane- (4) Geoi*'=® °' Liorary 1//0 uoye Ldtie, (t; utjut, co,jn,y 3,3,3 Q, California, will
Coastal Commission, 7575 Metroppm 11/29/2001 at 10:00 AM, at the
h entrance to the County
pthouse, 220 West Broadway, San
^, CA at public auction, to the hlgh-
. bidder for cash or check as
The Citys Zoning Ordinancerlbed below, payable in full at time
Accordingly, this Local Coastal Proie, aii right, title, and interest con-
ensure consistency between its prof'° ?"f! "°Yh^®rl?„n^*,'l?.^!LH^'^
,.. , . r. iin -A.- ' Of Trust, in the property situated in
and Its Local Coastal Program. ThiSCounty and state and as more fully
as foilows: nbed in the above referenced Deed
ust. The street address and other A rhannp nf 7oninn nn a in"°" <^esi3"a'i"n. if any. of the real A rxm^^^X £0ning on a lU^^y described above is purported Number 215-080-22-00) from Lfe; 5472 villas Drive, Bonsall, CA Residential. The undersigned Trustee dis-Is any liability tor any incorrectness ... r street address and other common If you have any questions, pjnation, if any, shown herein. The Planning Department at (760) 602-)amount of the unpaid balance with
sent to the Planning Department apst thereon of the obligation
PalUnrnia qpfinfl ^^'^ ''^ *® property to be sold plus OailTomia y<iUUB. ,^3^16 estimated costs, expenses PM ciKQ- ii/ooranni advances at the time of the Initial UNO IOJ. ll/<:^^uui (,a,|on of the Notice of Sale Is ^^^^^^^^^^^^^^^^Hl 23.78 It is possible that at the
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Citv of Carlsbad
Planning Department
NEGATIVE DECLARATION
Project Address/Location: East of Black Rail Road and south of Poinsettia Lane
Project Description: Tentative Map Subdivision of 10.26 acres into 12 residential lots, a
Conditional Use Permit and Coastal Development Pennit for the
development of a church campus on a thirteenth lot, and a zone
change and Local Coastal Program Amendment from Limited
Control to One Family Residential.
The City of Carlsbad has conducted an envirotmiental review of the above described project
pursuant to the Guidelines for Implementation of the Califomia Envirormiental Quality Act and
the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, a
Negative Declaration (declaration that the project will not have a significant impact on the
environment) will be issued for the subject project. Justification for this action is on file in the
Planning Department.
A copy of the Negative Declaration with supportive docimients is on file in the Planning
Department, 1635 Faraday Avenue, Carlsbad, CaUfomia 92008. Comments from the public are
invited. Please submit comments in writing to the Planning Department within 20 days of date
of notice. If you have any questions, please call Christer Westman in the Planning Department at
(760) 602-4614.
DATED:
CASENO:
CASENAME:
NOVEMBER 26, 2001
CT 00-22/CUP 00-44/CDP 00-64/ZC 00-10/LCPA 00-13
REDEEMER BY THE SEA
PUBLISH DATE: NOVEMBER 26, 2001
CHAEL J. HOLZMltLER MICHAEL
Planning Director
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
CASE NO: CT 00-22/CUP 00-44/CDP 00-64/ZC 00-10/LCPA 00-13
DATE: November 13. 2001
BACKGROUND
1.
2.
3.
4.
5.
CASE NAME: Redeemer bv the Sea
APPLICANT: Redeemer bv the Sea Carlsbad Lutheran Church
ADDRESS AND PHONE NUMBER OF APPLICANT: 6355 Corte Del Abeto Suite 100
Carlsbad CA 92009
DATE EIA FORM PART I SUBMITTED: Januarv 7.2001
PROJECT DESCRIPTION: Subdivision of 10.26 acres into 12 residential lots, development ofa
church campus on a thirteenth lot and a zone change from Limited Control to One Familv
Residential.
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.
Land Use and Planning
I I Population and Housing
I I Geological Problems
Q Water
Air Quality
Transportation/Circulation Q Public Services
I I Biological Resources |^ Utilities & Service Systems
I I Energy & Mineral Resources Q Aesthetics
I I Hazards \^ Cultural Resources
I I Noise Recreation
I I Mandatory Findings of Significance
Rev. 03/28/96
DETERMINATION.
^ 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 find that although the proposed project could have a significant effect on the
enviroimient, 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 MITIGATED
NEGATIVE DECLARATION will be prepared.
I I I find that the proposed project MAY have a significant effect on the envirormient, and an
ENVIRONMENTAL IMPACT REPORT is required.
I I I find 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 earher
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(n) EIR is
required, but it must analyze only the effects that remain to be addressed.
I I I fmd that although the proposed project could have a significant effect on the
enviroimient, there WILL NOT be a significant effect in this case because all potentially
significant effects (a) have been analyzed adequately in an earlier EIR pursuant to
applicable standards and (b) have been avoided or mitigated pursuant to that earher EIR,
including revisions or mitigation measures that are imposed upon the proposed project.
Therefore, a Notice of Prior CompUance has been prepared.
ariner Signature Date '
Planning DirectorVSign^tfire Date '
Rev. 03/28/96
Q Q
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 Enviroimiental 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 from "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 earUer EIR or Mitigated Negative Declaration pursuant to applicable
standards and (b) have been avoided or mitigated pursuant to that earUer 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 docmnent 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 earUer 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
o o
• 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 piu-suant 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 Infonnation Sources).
I. LAND USE AND PLANNING. Would the proposal:.
a) Conflict with general plan designation or zoning?
(Source #(s): (#l:Pgs 5.6-1 - 5.6-18;#2:Pgs III-76-III-
87)
b) Conflict with applicable enviromnental plans or
policies adopted by agencies with jiuisdiction over the
project? (#l:Pgs 5.6-1 - 5.6-18;#2:Pgs III-76-in-87)
c) Be incompatible with existing land use in the vicinity?
(#l:Pgs 5.6-1 - 5.6-18;#2:Pgs III-76-III-87)
d) Affect agricultural resources or operations (e.g. impacts
to soils or farmlands, or impacts from incompatible
land uses? (#l:Pgs 5.6-1 - 5.6-18;#2:Pgs III-76-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:Pgs
III-76-in-87)
Potentially
Significant
Impact
•
•
•
•
Potentially Less Than No
Significant Significant Impact
Unless Impact
Mitigation
Incorporated
•
•
•
n
• •
• M
• m
• m
• m
• m
II. POPULATION AND HOUSING. Would the proposal:
a) Cumulatively exceed official regional or local
population projections? (#l:Pgs 5.5-1 - 5.5-6)
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)
c) Displace existing housing, especially affordable
housing? (#l:Pgs 5.5-1 - 5.5-6)
III. GEOLOGIC PROBLEMS. Would the proposal resuh in or
expose people to potential impacts involving:
a) Fauh niphire? (#l:Pgs 5.1-1 - 5.1-15;#2 Pgs III-112 -
III-118)
b) Seismic ground shaking? (#l:Pgs 5.1-1 - 5.1-15;#2 Pgs
III-112-III-118)
c) Seismic ground failure, including liquefaction? (#1 :Pgs
5.1-1 - 5.1.15;#2 Pgs III-112 - III-118)
d) Seiche, tsunami, or volcanic hazard? (#l:Pgs 5.1-1 -
5.1-15;#2 Pgs III-112-III-118)
e) Landslides or mudflows? (#l:Pgs 5.1-1 - 5.1-15;#2 Pgs
III-112-III-118)
f) Erosion, changes in topography or imstable soil
conditions from excavation, grading, or fill? (#l:Pgs
5.1-1 -5.1-15;#2 Pgs III-l 12-III-l 18)
g) Subsidence of the land? (#l:Pgs 5.1-1 - 5.1-15;#2 Pgs
III-112-III-118)
h) Expansive soils? (#l:Pgs 5.1-1 - 5.1-15;#2 Pgs III-112
-III-118)
i) Unique geologic or physical features? (#l:Pgs 5.1-1 -
5.1-15;#2 Pgs m-112-III-l 18)
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;#3)
• • • X
• • • X
• • • X
• • • X
• • • X
• • • X
• • • X
• • • X
• • • X
• • • X
• • • X
• • • X
• • • X
Rev. 03/28/96
Issues (and Supporting Information Sources).
b) Exposure of people or property to water related hazards
such as flooding? (#l:Pgs 5.2-1 - 5..2-ll;#3)
c) Discharge into surface waters or other alteration of
surface water quality (e.g. temperature, dissolved
oxygen or hirbidity)? (#l:Pgs 5.2-1 - 5..2-11;#3)
d) Changes in the amount of surface water in any water
body? (#l:Pgs 5.2-1 - 5..2-ll;#3)
e) Changes in currents, or the course or direction of water
movements? (#l:Pgs 5.2-1 - 5..2-ll;#3)
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-ll;#3)
g) Altered direction or rate of flow of groundwater?
(#l:Pgs 5.2-1 -5..2-ll;#3)
h) Impacts to groundwater quality? (#l:Pgs 5.2-1 - 5..2-
ll;#3)
i) Substantial reduction in the amoimt of groundwater
otherwise available for public water supplies? (#1 :Pgs
5.2-1 -5..2-ll;#3)
Potentially Potentially
Significant Significant
Impact Unless
Mitigation
•
•
•
•
•
Incorporated
•
•
•
•
•
Less Than No
Significant Impact
Impact
•
•
•
•
•
Kl
• • •
• • • X
• • • X
V. AIR QUALITY. Would the proposal:
a) Violate any air quality standard or contribute to an
existing or projected air quality violation? (#l:Pgs 5.3-
1 - 5.3-12)
b) Expose sensitive receptors to pollutants? (#l:Pgs 5.3-1
- 5.3-12)
c) Alter air movement, moisture, or temperature, or cause
any change in climate? (#l:Pgs 5.3-1 - 5.3-12)
d) Create objectionable odors? (#1 :Pgs 5.3-1 - 5.3-12)
X • • •
• • •
• • • X
• • • X
VI. TRANSPORTATION/CIRCULATION. Would the
proposal result in:
a) Increased vehicle trips or traffic congestion? (#l:Pgs
5.7-1 - 5.7.22;#4)
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;#4)
c) Inadequate emergency access or access to nearby uses?
(#l:Pgs 5.7-1 -5.7.22;#4)
d) Insufficient parking capacity on-site or off-site?
(#l:Pgs 5.7-1 -5.7.22;?¥4)
e) Hazards or barriers for pedestrians or bicyclists?
(#l:Pgs 5.7-1 -5.7.22;#4)
f) Conflicts with adopted policies supporting altemative
transportation (e.g. bus tumouts, bicycle racks)?
(#l:Pgs 5.7-1 -5.7.22;#4)
g) Rail, waterbome or air traffic impacts? (#l:Pgs 5.7-1 -
5.7.22;#4)
• • •
• • • m
• • • X
• • • X
• • • X
• • • X
• • • m
VII. BIOLOGICAL RESOURCES. Would the proposal resuh
in impacts to:
Rev. 03/28/96
Issues (and Supporting Information Sources).
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 trees)?
(#l:Pgs 5.4-1 - 5.4-24;#2 Pgs III-37 - III-57)
c) Locally designated natural communities (e.g. oak
forest, coastal habitat, etc.)? (#l:Pgs 5.4-1 - 5.4-24;#2
PgsIII-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-57)
e) Wildlife dispersal or migration corridors? (#1 :Pgs 5.4-1
- 5.4-24;#2 Pgs III-37 - III-57)
VIIL 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 wasteful and
inefficient manner? (#l:Pgs 5.12.1-1 -5.12.1-5 & 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)
Potentially Potentially
Significant Significant
Impact Unless
Mitigation
•
Incorporated
•
Less Than No
Significant Impact
Impact
• M
• • • X
• • • X
• • • X
• • • X
• • • X
• • • X
• • • X
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)? (#l:Pgs 5.10.1-1 - 5.10.1-5;#7)
b) Possible interference with an emergency response plan
or emergency evacuation plan? (#I:Pgs 5.10.1-1 -
5.10.1-5)
c) The creation of any health hazard or potential health
hazards? (#l:Pgs 5.10.1-1 - 5.10.1-5)
d) Exposure of people to existing sources of potential
health hazards? (#l:Pgs 5.10.1-1 - 5.10.1-5;#7)
e) Increase fire hazard in areas with flanmiable bmsh,
grass, or trees? (#l:Pgs 5.10.1-1 - 5.10.1-5)
• • • X
• • • X
• • • X
• • • X
• • • X
X. NOISE. Would the proposal result in:
a) Increases in existing noise levels? (#l:Pgs 5.9-1 - 5.9- | | [ [ | |
15;#5)
b) Exposure of people to severe noise levels? (#l:Pgs 5.9- I I I I I I
l-5.9-15;#5) I—I l_l i__i
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;#6)
b) Police protection? (#I:Pgs 5.12.6-1 - 5.12.6-4;#6)
c) Schools? (#l:Pgs 5.12.7.1 - 5.12.7-5;#6)
• • • X
• • • X • • • X
Rev. 03/28/96
Issues (and Supporting Information Sources).
d) Maintenance of public facilities, including roads? (#6)
e) Other govemmental services? (#l:Pgs 5.12.1-1
5.12.8-7;#6)
Potentially Potentially Less Than No
Significant Significant Significant Impact
Impact Unless Impact
Mitigation
Incorporated
• • • S
• • • B
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 nahu-al gas? (#l:Pgs 5.12.1-1 - 5.12.1-5 &
5.13-1 -5.13-9;#6)
b) Commimications systems?
c) Local or regional water treatment or distribution
facilities? (#l:Pgs 5.12.2-1 - 5.12.3-7;#6)
d) Sewer or septic tanks? (#l:Pgs 5.12.3-1 - 5.12.3-7;#6)
e) Storm water drainage? (#l:Pg 5.2-8;#6)
f) Solid waste disposal? (#l:Pgs 5.12.4-1 - 5.12.4-3;#6)
g) Local or regional water supphes? (#l:Pgs 5.12.2-1 -
5.12.3-7;#6)
• • • X
• • • X
• • • X
• • • X
• • • X • • • X • • • X
XIII. AESTHETICS. Would the proposal:
a) Affect a scenic or vista or scenic highway? (#l:Pgs
5.11-1-5.11-5)
b) Have a demonstrated negative aesthetic effect? (#1 :Pgs
5.11-1-5.11-5)
c) Create light or glare? (#l:Pgs 5.11-1 - 5.11-5)
• • • X
• • • X
• • • X
XIV. CULTURAL RESOURCES. Would the proposal:
a) Disturb paieontological resources? (#l:Pgs 5.8-1 - 5.8-
10;#2PgsIII-70-III-73)
b) Disturb archaeological resources? (#l:Pgs 5.8-1 - 5.8-
10;#2PgsIII-70-III-73)
c) Affect historical resources? (#I:Pgs 5.8-1 - 5.8-10;#2
PgsIII-70-III-73)
d) Have the potential to cause a physical change which
would affect unique ethnic cultural values? (#1 :Pgs 5.8-
1 - 5.8-10;#2 Pgs III-70 - III-73)
e) Restrict 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
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 I I I I I I
5.12.8-1-5.12.8-7)
XVI. MANDATORY FINDINGS OF SIGNIFICANCE.
Rev. 03/28/96
Issues (and Supporting Information Sources).
a) Does the project have the potential to degrade the
quality of the envuromnent, 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 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 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 envirormiental effects which will
cause the substantial adverse effects on human beings,
either directly or indirectly?
Potentially
Significant
Impact
•
Potentially
Significant
Unless
Mitigation
Incorporated
•
Less Than
Significant
Impact
No
Impact
• m
• • • H
• • • H
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 program EIR was prepared for the
adoption of the Zone 20 Specific Plan. That document was used for reference but is not
being relied upon for compUance with the CaUfomia Environmental QuaUty Act.
Rev. 03/28/96
c DISCUSSION OF ENVIRONMENTAL EVALUATION
AIR OUALITY:
In 1994 the City prepared and certified an EIR which analyzed the impacts which will result
from the build-out of the City tmder an updated General Plan. That document concludes that
continued development to build-out as proposed in the updated General Plan will have
cumulative significant impacts in the form of increased gas and electric power consumption and
vehicle miles fraveled. These subsequently result in increases in the emission of carbon
monoxide, reactive organic gases, oxides of nifrogen and sulfiir, 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 fransportation including
mass fransit services; 4) conditions to promote energy efficient building and site design; and 5)
participation in regional growth management strategies when adopted. The appUcable and
appropriate General Plan air quaUty mitigation measures have either been incorporated into the
design ofthe 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" checkUst 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 quaUty impacts. This "Statement Of Overriding Considerations" applies to all projects
covered by the General Plan's Final Master EIR. This project is within the scope of that MEIR.
This document is available at the Planning Department.
CIRCULATION:
In 1994 the City prepared and certified a Master EIR which analyzed the impacts which would
result from the build-out of the City tmder an updated General Plan. That document concluded
that continued development to build-out as proposed in the updated General Plan will result in
increased traffic volumes. Roadway segments will be adequate to accommodate build-out
traffic; however, 12 fiill and 2 partial intersections will be severely impacted by regional
through-fraffic 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 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 ensiure the provision of circulation faciUties concurrent with need; 2) provisions to
10 Rev. 03/28/96
develop altemative modes of fransportation such as trails, bicycle routes, additional sidewalks,
pedestrian linkages, and commuter rail systems; and 3) participation in regional circulation
sfrategies when adopted. The diversion of regional through-fraffic from a failing Interstate or
State Highway onto City sfreets creates impacts that are not within the jurisdiction ofthe City to
control. The applicable and appropriate General Plan circulation mitigation measures have either
been incorporated into the design ofthe project or are included as conditions of project approval.
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 Council Resolution No. 94-246, included
a "Statement Of Overriding Considerations" for circulation impacts. This "Statement Of
Overriding Considerations" appUes to all projects covered by the General Plan's Master EIR.
This project is within the scope of that MEIR. This document is available at the Planning
Department.
A MEIR may not be used to review projects if it was certified more than five years prior to the
filing of an application for a later project. The City is currently reviewing the 1994 MEIR to
detennine 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 El 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.
LAND USE:
The project includes a request to change the zoning designation of the site from Limited Confrol
to One-Family Residential. The requested change is consistent with the General Plan land use
designation of Residential Low-Medium (RLM). The General Plan describes RLM as typically
being developed as single family residential.
BIOLOGY
The project is located within a coastal region which has historically been used for agriculture.
The majority ofthe site has been used in the past for agriculture and therefore has been stripped
of indigenous plant types. However, along the south and southeast edges of the property there
are scattered patches of southem maritime chappanall. As individual patches they have no
habitat value, but they will be preserved within an open space lot which will contribute to a
larger preserve area.
EARLIER ANALYSES USED
The following docimients 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, Califomia, 92008,
(760) 602-4600.
11 Rev. 03/28/96
1. Final Master Environmental Impact Report for the City of Carlsbad General Plan Update
(MEIR 93-01), dated March 1994, City ofCarlsbad Planmng Department.
2. Final Program Environmental Impact Report for the Zone 20 Specific Plan , dated June
1992.
3. Drainage Studv Prepared by Sowards and Brown Engineering dated September 12, 2001.
4. Traffic Studv Prepared by Damell and Associates dated September 6,2001.
5. Acoustical Analvsis Prepared by Douglas Eilar & Associates dated April 2001
6. Zone 20 Local Facilities Management Plan dated May 1993
7. Phase 1 Environmental Assessment Prepared by Project Resources Inc. dated October
1999
12 Rev. 03/28/96
ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART I
(TO BE COMPLETED BY THE APPLICANT)
CASE NO:
DATE RECEIVED:
(To be comp/eted by staff)
BACKGROUND
1. CASE NAME: t^t^Dfefev^e^.^ -ru g. ^h>g?A LoT-HP«y.^ft^ C^iL.c\\
1. APPLICANT: Q>rr\iio>| l^^r^r ../^•-re^ Atz^cv^vrertur^
3. ADDRESS AND PHONE NUMBER OF APPLICANT: 2\5b tjOia;-rr- i i\f^i.^UTt.^
4. PROJECT DESCRIPTION: fivA^eO C^r^'^n^^c-^rs^ 09-^ A^cs^^/^
L^H\ ( OAtCAg.^ gj. t^-S>^ «=Dt>Hr^f^L—
•71
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.
'^Land Use and Planning
I I Population and Housing
I I Geological Problems
• water
I I Air Quality
Transportation/Circulation Q Public Services
I I Biological Resources |^ Utilities & Service Systems
I I Energy & Mineral Resources IXI Aesthetics
I I Hazards Cultural Resources
I I Noise Q Recreation
I I Mandatory Findings of Significance
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 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 Impacf 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 from "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 earUer 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 earUer 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 Impacf 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
fonn 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 may be referred to and attached)
I. LAND USE AND PLANNING. Would the proposal:.
a) Conflict with general plan designation or zoning?
(Source #(s): ( )
b) Conflict with apphcable 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 from incompatible
land uses? ( )
e) Dismpt 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 infrastracture)?
( )
c) Displace existing housuig, especially affordable
housing? ( )
III. GEOLOGIC PROBLEMS. Would the proposal resuh in or
expose people to potential impacts involving:
a) Fauh mphire? ( )
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 imstable 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 mnoff? ( )
b) Exposure of people or property to water related hazards
such as flooding? ( )
c) Discharge into surface waters or other alteration of
surface water quality (e.g. temperature, dissolved
oxygen or turbidity)? ( )
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significan
t Impact
No
Impact
• • • y
• • •
• •
• • •
• • • X'
• • •
• • • X
• • • z
• • • )^
• • • V. • • • Y
• • • X
• • •
• • • y
• • • m
• • • m • • • -X
• • H •
• • • P
• • • U
Rev. 03/28/96
Issues (and Supporting Information Sources):
(Supplemental documents may be referred to and attached)
d) Changes in the amount of surface water in any water
body?( )
e) Changes in currents, or the course or dhection 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 amount of groundwater
otherwise available for public water supphes?
( )
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significan
t Impact
No
Impact
• • X •
• • X •
• • •
• • •
• • •
• • •
V. AIR QUALITY. Would the proposal:
a) Violate any air quality standard or contribute to an • • • existing or projected air quality violation?
( )
Expose sensitive receptors to pollutants?
( )
Alter ah movement, moisture, or temperature, or cause
• • •
. b)
existing or projected air quality violation?
( )
Expose sensitive receptors to pollutants?
( )
Alter ah movement, moisture, or temperature, or cause
• • • X
c)
existing or projected air quality violation?
( )
Expose sensitive receptors to pollutants?
( )
Alter ah movement, moisture, or temperature, or cause • • • X any change in climate? ( ) • • • X
d) Create objectionable odors? ( ) • • • X
VI. TRANSPORTATION/CIRCULATION. Would the
proposal result in:
a) Increased vehicle trips or traffic congestion?
(e>ec-<2*f»^'^ )
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 pedestrians or bicyclists?
( )
f) Conflicts with adopted policies supporting altemative
transportation (e.g. bus tumouts, bicycle racks)?
( )
g) Rail, waterbome or air traffic impacts?
( )
VII. BIOLOGICAL RESOURCES. Would the proposal resuh
in impacts to:
a) Endangered, threatened or rare species or then habitats
(including but not limited to plants, fish, insects,
animals, and birds? ( )
b) Locally designated species (e.g. heritage trees)?
( )
• • •
• • •
• • •
• • •
• • • H"
• • •
• • •
• • •
• • •
Rev. 03/28/96
Issues (and Supporting Information Sources):
(Supplemental documents may be referred to and attached)
c) Locally designated namral commimities (e.g. oak
forest, coastal habitat, etc.)? ( )
d) Wetland habitat (e.g. marsh, riparian and vemal pool)?
( )
e) Wildlife dispersal or migration corridors?
( )
VIII. ENERGY AND MEVERAL RESOURCES. Would the
proposal?
a) Conflict with adopted energy conservation plans?
( )
b) Use non-renewable resources in a wasteful and
inefficient manner? ( )
c) Result in 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. Would the proposal mvoive:
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 sources of potential
health hazards? ( )
e) Increase fhe hazard in areas with flammable bmsh,
grass, or trees? ( )
X. NOISE. Would the proposal result in:
a) Increases in existing noise levels? ( )
b) Exposure of people to severe noise levels?
( )
Potentially
Significant
Impact
•
Potentially
Significant
Unless
Mitigation
Incorporated
•
Less Than No
Significan Impact
t Impact
• S
• • •
• • • X
• • • X
• • • X
• • • X
• • • 0
• • •
• • • X
• • • X
• • • X
•
•
•
• • 9
XI. PUBLIC SERVICES. Would the proposal have an effect
upon, or resuh in a need for new or altered govemment
services in any of the following areas:
a) Fire protection? ( )
b) Police protection? ( )
c) Schools? ( )
d) Maintenance of public facilities, including roads?
( )
e) Other govemmental services? ( )
• • •
• • •
• • •
• • •
• • • 0-
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 natural gas? ( ) |^ |^
b) Communications systems? ( ) |^
Rev. 03/28/96
Issues (and Supporting Information Sources):
(Supplemental documents may be referred to and attached)
Potentially
Significant
Impact
Per ijot-iir^ i P.e?»riAfc<-^ p.€rG».vje%rT»7
c) Local or regional water treatment or distribution | |
facilities? ( ) '—'
d) Sewer or septic tanks? ( )
e) Storm water drainage? ( ) [ |
f) Solid waste disposal? ( ) | |
g) Local or regional water supphes? ( ) | j
Potentially
Significant
Unless
Mitigation
Incorporated
•
•
•
•
•
Less Than No
Significan Impact
t Impact
>< IS
X II' X c •
XIII. AESTHETICS. Would the proposal:
a) Affect a scenic or vista or scenic highway?
( )
b) Have a demonstrate negative aesthetic effect?
( )
c) Create light or glare? ( )
• • •
• • •
• • 0
XIV. CULTURAL RESOURCES. Would the proposal:
a) Disturb paieontological resources? ( )
b) Disturb archaeological resources? ( )
c) Affect historical resources? ( )
d) Have the potential to cause a physical change which
would affect unique ethnic cultural values?
( )
e) Restrict existing religious or sacred uses within the
potential impact area? ( )
XV. RECREATIONAL. Would the proposal:
a) Increase the demand for neighborhood or regional
parks or other recreational facilities?
( )
b) Affect existing recreational opportunities?
( )
• • • 13
• • • i H • • • i H
• • • 13
• • •
• • •
• • • X'
XVI. MANDATORY FINDINGS OF SIGNIFICANCE.
a) Does the project have the potential to degrade the
quality of the envhonment, substantially reduce the
habitat of a fish or wildlife species, cause a fish or
wildlife population to drop below self-sustaining levels,
threaten to eluninate a plant or anunal community,
reduce the number or restrict the range of a rare or
endangered plant or animal or eliminate important
examples of the major periods of Califomia history or
prehistory?
• • • Kf
Rev. 03/28/96
Issues (and Supporting Information Sources):
(Supplemental documents may be referred to and attached)
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 coimection 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 beings,
either directly or indirectly?
Potentially
Significant
Impact
•
Potentially
Significant
Unless
Mitigation
Incorporated
•
Less Than
Significan
t Impact
•
No
Impact
(3:
• • • e
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 from 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 Significant Inipact Unless Mitigation Incorporated." The City has
adopted a "Statement of Overriding Consideration" with regard to air quality and circulation
impacts resulting from 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, continued 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
are projected to fail the City's adopted Growth Management performance standards at buildout.
Rev. 03/28/96
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 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 from 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 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 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 QF APPLICABLE)
ATTACH MITIGATION MONITORING PROGRAM YIF APPLICABLE)
10 Rev. 03/28/96
SECTION VI
RECOMMENDED TRAFFIC MITIGATION MEASURES
ROADWAY SEGMENTS
»• All roadway segments analyzed were found to operate at LOS A under near term and buildout
conditions with and without the proposed project. Mitigation is not required.
INTERSECTIONS
»• Both intersections analyzed were found to operate at LOS A under near term conditions with and
without the proposed project. Mitigation is not required.
35
ACCOUNTING SERVICES AGREEMENT BETWEEN
PROPERTY MANAGEMENT CONSULTANTS, INC. AND
LA SUVERA HOMEOWNERS ASSOCUTION
THIS MANAGEMENT AGREEMENT ("Agreement") is made by and between Property
Management Consultants, Inc. ("Manager"), a Califomia corporation, and La Suvera Homeowners
Association ("ASSOCIATION"), a Califomia non-profit corporation.
WITNESSETH
In consideration of the mutual promises herein contained, the parties agree as follows:
ARTICLE I
General Conditions
I.l Retention of Manager.
The ASSOCIATION hereby retains MANAGER to manage the operations of the
ASSOCIATION on the terms and conditions set forth in this Agreement for a term of one (I) year
commencing on the day of (^(^h , 2006. The ASSOCIATION property (hereinafter
"Property"), consisting of 12 units, is located at Fisherman Drive, Carlsbad, Califomia 92009.
W2^^ Status of Manager. ..^jj^^^^^^ ^
MANAGER shall be an agent acting on behalf of the Association as a disclosed
principal with respect to the matters covered by this Ageement; provided, however, MANAGER shall
have no authority to execute or enter into contracts on behalf of the Association unless specifically
directed to do so by Board of Directors or Board President
1.3 Role of Manager.
MANAGER shall assist the Board in the accounting functions of the
ASSOCIATION. MANAGER shall use its best efforts to perform its duties under this Agreement in
accordance with the ASSOCIATION governing documents, including its declaration, by-laws, rules and
regulations and other duly enacted policies and procedures (collectively referred to as the "Project
Documents"). MANAGER shall be available at reasonable times to confer with the Board and its
representatives regarding the performance of the services set forth herein.
1.4 Delivery of Association Records.
As soon as reasonably practical after the date of commencement of this
Agreement, at the direction of the ASSOCIATION, MANAGER will cause to have delivered or pick up
all documents and records relating to the management of the project, including, without limitation:
budgets; financial statements; bank statements; a list of assessment balances for each owner;
maintenance records; outstanding bills; copies of service contracts; certifications and licenses held by
the ASSOCIATION; copies of ASSOCIATION insurance policies; income tax retums; a list of all
employees and contractors; copies of the Project Documents; a list of the names, addresses and
telephone numbers (if available) of the owners; the plans and specifications for the project; an
inventory of the equipment and personal property of the ASSOCIATION; arui guaranties and/or
warranties affecting ASSOCIATION. Ifthe above records are not available, or if available records are
incomplete or inaccurate, MANAGER will evaluate and report the status of such conditions to the
Board.
ARTICLE n
General Administration
2. Scope of Article.
MANAGER shall perform the following routine general administration services:
2.1 Attend Annual Meetings.
MANAGER shall attend one (1) annual meeting per year upon request.
MANAGER shall not be obligated to attend Board meetings on weekends or holidays or for more than
two (2) hours for any single meeting. The Board shall give MANAGER reasonable advance notice of
such meetings and make an effort to accommodate conflicts in MANAGER'S schedule.
2.2 Minutes.
MANAGER shall take minutes and prepare a record of action taken at general
membership meetings attended pursuant to this Agreement, and shall maintain a chronological file of
all duly adopted minutes and resolutions.
2.3 Meeting Notices, Agenda and Coordination.
MANAGER shall schedule, notice and coordinate general membership meetings,
and shall prepare necessary materials such as notices, agenda, reports, ballots, proxies and similar
items to be used at the meeting.
2.4 Owner Roster.
MANAGER shall maintain a current roster of the names, addresses and, to the
extent readily available, the telephone numbers of all unit owners.
2.5 Record and File Maintenance.
MANAGER shall maintain the records and files relating to the accounting
functions of the ASSOCIATION in such manner as the Board may direct.
- 2 -
2.6 Sale/Resale Information.
MANAGER shall prepare, distribute and process information reqmred of the
ASSOCIATION with respect to the sale or transfer of a condominium unit.
2.7 Insurance Liaison.
MANAGER shall provide liaison services with ASSOCIATION'S insurance
brokers and/or agents.
2.8 Office Hours.
MANAGER shall maintain normal office hours Monday through Friday (except
holidays) for communications related to ASSOCIA TION business.
2.9 Documents To Prospective Purchaser.
Upon written request of a unit owner who has contracted to sell his condominium
unit and as required by California Civil Code Section 1368, MANAGER shall, within 10 days of the
mailing or delivery ofthe request, provide such owner with such information or documentation as the
owner may be entitled under Califomia Civil Code Section 1368.
ARTICLE III
Duties of Manager
Financial Management
3. Scope of Article
MANAGER shall perform the following routine financial services:
3.1 Assessment Collection.
MANAGER shall prepare and mail assessment billing statements or coupons to
the membership as the Board may direct, and shall bill the owners, as necessary, for other assessments,
fees and charges levied by the ASSOCIATION. MANAGER shall collect and, as necessary, receiptfor
all assessments, fees, charges or other income received by the ASSOCIATION.
3.2 Deposit of Collections.
MANAGER shall deposit all monies collected by MANAGER into the appropriate
ASSOCIATION account within two (2) to three (3) business days of receipt. MANAGER shall also
- 3 -
maintain the records of the ASSOCIATION'S interest bearing reserve accounts pursuant to a reserve
schedule to be provided by ASSOCIATION, along with such other funds as Board may direct.
3.3 Disbursements.
MANAGER shall regularly disburse from ASSOCIATION'S operating accounts all
expenses and obligations authorized to be paid by and on behalf of the ASSOCIATION as set forth in
this Agreement. MANAGER shall have no authority to sign checks or authorize withdrawals or
authorize transfers from ASSOCIA TION's reserve accounts.
3.4 Delinquency Follow-up.
MANAGER shall be responsible for collecting delinquent assessments and other
charges in accordance with the policies and procedures of the ASSOCIATION. MANAGER shall
maintain delinquent assessment records arui submit to the Board a monthly aged delinquent assessment
list at each regular Board meeting or as otherwise directed by the Board.
MANAGER shall act as liaison between the Board and retained counsel and/or a
collection service to provide the information and records necessary to pursue collection of delinquent
accounts. Manager may charge an additional fee for attention to signing filing and releasing liens,
and for costs associated with participating in any collection action as provided in Paragraph 7.2 of
Article VII, below.
3.5 Invoice Approval.
MANAGER shall review and approve for payment invoices for budget items and
other approved expenditures, and shall promptly report to the Board all discrepancies or irregularities
in invoices or Association expenditures that come to MANAGER'S attention. MANAGER shall submit
all invoices for unbudgeted items and other unapproved expenditures to the Board for review and
approval prior to payment.
3.6 Invoice Payment.
MANAGER shall not make any unapproved expenditure nor incur any obligation,
either singly or in the aggregate during arty one month, exceeding $250.00 without prior Board
approval, except in case of an emergency threatening life or property or suspension of necessary utility
or public services. In such an emergency, MANAGER shall attempt to contact a member of the Board
for expenditure approval, but if unsuccessful, MANAGER is authorized to act in any reasonable manner
to address the emergency situation.
3.7 Payroll Accounting for Employees.
MANAGER shall not be responsible for payroll and payroll accounting for
ASSOCIATION employees except by separate written agreement
- 4 -
3.8 Financial and Report Preparation.
MANAGER shall maintain complete and accurate financial books and records for
the ASSOCIATION in accordance with generally accepted accounting practices, including a balance
sheet, a general ledger and subsidiary journals utilizing a double entry method of accounting, separate
and apart from those of any other entity. MANAGER shall prepare and submit to the Board, on a
monthly or quarterly basis, such financial reports as the Board may reasonably request.
3.9 Tax Return.
MANAGER shall assist the ASSOCIATION and its bookkeeper, certified public
accountant or other financial consultant in preparing tax retums. MANAGER shall distribute copies of
the year end financial review to the membership within 120 days after the close of the ASSOCIATION'S
fiscal year or as otherwise required by law.
3.10 Budget Preparation.
MANAGER shall assist in the preparation of a pro forma operating budget as
required by Civil Code 1365(a) so that it is available to the Board not less than ninety (90) days prior to
the beginning of the ASSOCIATION'S fiscal year MANAGER shall distribute to ASSOCIATION
members copies of the approved pro forma operating budget not less than forty-five (45) days nor more
than sixty (60) days prior to the beginning of the ASSOCIATION'S fiscal y^ar.
3.11 Policies For Enforcing Assessments.
MANAGER shall assist in the preparation of a statement describing the
ASSOCIATION'S policies and practices in enforcing lien rights or other legal remedies for default in
payment of assessments against ASSOCIATION members, and distribute the statement to the
membership during the 60-day period immediately prior to the beginning of the ASSOCIATION'S fiscal
year.
3.12 Liability For Use Of Financial Statements.
The ASSOCIATION shall have sole responsibility for the content and use of
financial statements, budgets, reserve studies and other financial documents prepared by or at the
direction ofthe ASSOCIATION. The ASSOCIATION hereby agrees to indemnify and hold MANAGER
harmless from all claims, expenses, actions, liabilities and damages (including attorney's fees and
litigation costs) arising out of the content or use of all such documents. All draft financial statements,
proposed budgets, draft reserve studies and/or other financial documents prepared pursuant to Civil
Code Section 1365 shall be marked "DRAFT" until approved by the Board.
- 5 -
3.13 Segregation of Accounts.
All monies collected by the MANAGER on behalf of the ASSOCIATION shall be
deposited in ASSOCIATION account(s) as the Board may direct, which must be separate and apart from
the funds of any other person or entity. MANAGER shall establish a system of controls to ensure
monies received shall be handled and deposited without loss or undue delay.
ARTICLE IV
Contracting Policies
4.1 Administration of Contracts.
The Board shall select all contractors, vendors and service providers.
ARTICLE V
Compensation
5.1 Scope of Article.
Unless otherwise agreed in writing, MANAGER shall be compensated under this
Agreement as provided in this Article.
5.2 Routine Services.
The ASSOCIATION shall pay MANAGER a flat monthlyfee of One Hundred
Eighty Dollars ($180.00) per month for those routine services specified in Articles I, II, HI, and IV.
Additional services not included above are subject to negotiation and all inclusive fixed bids are
available.
5.3 Special Services.
MANAGER may, at the request of the Board, perform special services for
additional compensation in accordance with the rate schedule provided herewith, plus travel time at
one-half (1/2) such hourly rate and travel expenses actually incurred, or at such other rate of
compensation as may be agreed upon in writing by MANAGER and ASSOCIATION. Special services
shall include any services not specifically designated herein as routine services, including, without
limitation, the following:
(1) Participating in the prosecution or defense of any type of claim, lawsuit or
administrative proceeding related to ASSOCIATION business, ASSOCIATION property, collection of
delinquent assessments and/or enforcement of the Project Documents.
(2) Pursuing and prosecuting claims for delinquent assessments or other receivables
- 6 -
after the recordation of a lien.
(3) Attending meetings of the Board, Committees or general membership other than
required uruier Paragraph 2.1 of Article III, above.
(4) Participating in the preparation of specifications, schematics, construction
estimates, construction drawings and contracts for major renovation or repair of the common area.
(5) Preparing specifications for competitive bidding.
(6) Preparing or assisting in the preparation of a reserve study or funding study.
(7) Providing assistance in emergency situations or responding to resident
complaints at times other than normal working hours. Emergency calls during non-working hours
requiring MANAGER to travel to the project will be billed at 1.5 times the rate for non-routine services
with a minimum 2 hour charge per site visit.
(8) Revision of the project declaration, articles of incorporation and by-laws.
(9) Participating in the initial sale, resale, financing or refinancing of a unit other
than to provide information and documentation as set forth in Califomia Civil Code Section 1368.
5.4 Documentation of Special Services.
All compensation for special services shall be supported by a statement itemizing
the time and activity on a daily basis and recorded in increments of one-tenth (l/IO) of an hour.
5.5 When Compensation is Due.
The ASSOCIATION shall pay MANAGER the basic fee for routine services
monthly in advance on or before the 10th day of the month during which such services are to be
performed, and for special services on or before the I Oth day of the month following submission of a
statement for items of additional compensation as provided in this Article.
5.6 No Rebates, Discounts or Commissions.
MANAGER shall not collect or charge any undisclosed fee, rebate, discount, or
omission in connection with any business of the ASSOCIATION.
- 7
ARTICLE VI
CompUance With Governmental Regulation
6.1 Governmental Citations.
If the ASSOCIATION receives a notice of inspection or violation from any
Federal, State, or Municipal agency, MANAGER will, upon the Board's request, for a negotiated fee,
accompany at inspecting party on a site visit of the Property. In the event a notice, demand, order or
request for remedial action is received by MANAGER, MANAGER shall promptly notify the
ASSOCIATION in writing and provide all available information with respect to the problem. If a
violation notice identifies specific repairs and remedies to be performed, ASSOCIATION shall promptly
decide what action is to be taken and notify MANAGER accordingly. In the event that the
ASSOCIATION decides to contest the notice or fails to authorize the required repairs, ASSOCIATION
hereby agrees to indemnify and hold harmless MANAGER, and MANAGER'S agents, independent
contractors or employees from any and all expenses, damages, liabilities, claims, civil actions, criminal
actions, causes of action, demands, debts, judgments and causes of every kind of nature whatsoever,
including without limitation, attorney's fees arui costs of litigation and investigation, arising or alleged
to have arisen, directly or indirectly, which MANAGER may face because of the failure of
ASSOCIATION to make the required repairs.
ARTICLE vn
Books, Records, Inspection and Audit
7.1 Books and Records.
MANAGER shall maintain a complete system of books and records in accordance
with Generally Accepted Accounting Principles (GAAP) and/or as set forth in this Agreement Copies
of contracts, filings with public agencies and financial books and records shall be maintained at the
principal qffice of the MANAGER Originals of all books and records may be maintained in the custody
of MANAGER; however, they shall be the property of the ASSOCIATION and delivered to the
ASSOCIATION or its representative immediately upon demand.
7.2 Inspection.
Except for materials designated as confidential by the Board, all books and
records maintained either at the ASSOCIATION'S offices or in MANAGER'S offices shall be made
available for inspection by any and all unit owners or their authorized representatives, upon reasonable
notice, during normal business hours. Access to confidential materials shall be allowed only by written
authorization of the Board.
- 8
ARTICLE VUI
Insurance
8.1 Maintenance of Insurance by Association.
The ASSOCIATION agrees to purchase and maintain a policy of comprehensive
general liability insurance with a limit of no less than $2,000,000.00 ($3,000,000.00, if the
ASSOCIATION consists of more than IOO units), per occurrence in coverage for bodily injury
(including death), property damage and contractual liability, which shall name MANAGER as an
additional insured for all loss liability and expenses, including costs of defense, arising out of or in any
way connected with the maintenance or operation of the ASSOCIATION. Such insurance shall be
primary and non-contributory to any insurance maintained by MANAGER arui shall include a cross-
liability endorsement. The ASSOCIATION agrees to purchase and maintain a minimum amount of
$1,000,000.00 directors and officers liability coverage. The ASSOCIATION also agrees to purchase
and maintain at least the minimum amount of worker's compensation insurance, even if the
ASSOCIATION has no employees on payroll. The ASSOCIATION shall deliver to MANAGER a
certificate of insurance evidencing such policy within ten (10) days of execution ofthe Agreement, and
such certificate shall provide that MANAGER be given thirty (30) days notice of cancellation or
diminution in coverage.
8.2 Maintenance of Insurance by Manager.
Regardless of the provisions of indemnification set forth herein, MANAGER shall
maintain in force, during the term of this Agreement, comprehensive general liability insurance, a
fidelity bond covering only those individuals with check signing authority on ASSOCIATION accounts.
MANAGER shall deliver to the ASSOCIATION a certificate of imurance evidencing such policy within
ten (10) days of execution of this Agreement, and such certificate shall provide that the ASSOCIATION
be given thirty (30) days notice of cancellation or diminution in coverage.
ARTICLE DC
Termination and Renewal
9.1 Notice of Termination.
This Agreement may be terminated, with or without cause, by either party,
provided a thirty (30) day written notice is submitted.
9.2 Renewal.
At the expiration of the term of this Agreement, if not renewed or terminated in
writing by either party, the Agreement shall continue month to month unless terminated as provided in
Paragraph 9.1, above.
- 9 -
9.3 Cooperation in Transition.
MANAGER shall continue to perform all duties and responsibilities under this
Agreement after notice of termination until the termination date. MANAGER and ASSOCIATION agree
to cooperate fully with one another to transfer ASSOCIATION property, to execute whatever documents,
and to take whatever other action may be necessary prior to termination to cause an orderly transition
of ASSOCIATION management to a new manager. After the termination date, ASSOCIATION shall
compensate MANAGER at the rate set forth in Paragraph 7.3 of Article VII, above, for special services
requested by the ASSOCIA TION in assisting in such transition.
ARTICLE X
Miscellaneous
10.1 Modification and Status.
This writing is intended by the parties as a full expression of their Agreement, and
all negotiations and representations between the parties having been incorporated herein No variation,
modification, or changes ofthe Agreement shall be binding unless it is made in writing and executed by
both parties.
10.2 Applicable Law.
This Agreement shall be construed in accordance with the laws of the State of
California.
10.3 Affiliated Interest.
MANAGER shall not enter into any agreement to provide goods or services to the
ASSOCIATION with any party, partnership, corporation, or other entity related to or affiliated with
MANAGER, its directors, officers, and employees without prior written approval of the Board.
10.4 Liability of Manager.
The ASSOCIATION shall indemnify and hold MANAGER harmless from all
claims, expenses, actions, liabilities and damages (including attorney's fees and litigation costs) caused
in whole or in part by any wrongful act or omission of the ASSOCIATION, any member of the
ASSOCIATION or arty other party acting at the direction or under the supervision of the
ASSOCIATION, except to the extent the same are caused by the gross negligence or intentional
misconduct of MANAGER, its employees or agents; and shall indemnify and hold MANAGER harmless
from all claims, actions, liabilities and damages (including attomey's fees and litigation costs) asserted
or threatened by or on behalf of any member of the ASSOCIATION or other party not under
MANAGER'S direct control arising out of or related to any act committed by MANAGER in good faith
while carrying out its duties under this Agreement or at the instruction of the ASSOCIATION.
- 10 -
10.5 Attorney's Fees.
If any arbitration or legal action is necessary to enforce the terms of this
Agreement, the prevailing party shall be entitled to reasonable attomey's fees and expenses in addition
to any other relief to which he or it may be entitled.
10.6 Arbitration/Mediation.
Any controversy or claim arising out of or relating to this Agreement shall be
resolved by neutral binding arbitration or by mediation, and not by court action except as provided by
California law for judicial review of arbitration proceedings. The proceedings shall be conducted in
accordance with the mles of the American Arbitration Association, unless the parties otherwise agree to
another procedural format. The parties shall agree on either a public or private arbitrator/mediator, or
if they cannot agree, any party may petition a court or an order to compel arbitration and/or mediation
and that party may designate, subject to court approval, the arbitrator/mediator to be used. Judgment
may be entered on an arbitration award in any court having jurisdiction. The parties shall have the
right to discovery in accordance with Code of Civil Procedure Section 1283.05.
Any party affected by a controversy or claim may initiate arbitration and/or
mediation by written demand. Thereafter, arbitration and/or mediation shall be pursued to conclusion
as quickly as reasonably possible and in every case shall be concluded within six (6) months from the
date of the initial written demand, unless all parties agree to extend that time limit Ifthe time within
which to conclude arbitration and/or mediation is not met, any party may petition a court of competent
jurisdiction for an order compelling the controversy or claim to be arbitrated or mediated as soon
thereafter as reasonably possible.
The court shall award all expenses, including attomey fees, incurred by a party
petitioning a court to compel arbitration and/or mediation as required by this section, unless it finds
that the party against whom the petition is filed acted with substantial justification or that other
circumstances make the imposition of such expenses unjust
The following matters are excluded from arbitration and/or mediation:
(1) an action brought pursuant to the California Small Claims Act;
(2) an action for bodily injury or wrongful death; and
(3) an action or proceeding to compel arbitration and/or mediation
including an action to impose sanctions for frivolous or bad faith activity designed to delay or frustrate
arbitration and/or mediation.
10.7 Notices.
All notices to the ASSOCIATION shall be in writing and mailed postage prepaid
to the ASSOCIATION'S president. All notices to MANAGER shall be in writing and mailed postage
prepaid to the business address of MANAGER.
- 11 -
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the date set forth below.
BATRD t^. ^? 2006
n4TF.n /^^< ^S7nn6
LA SUVERA HOMEOWNERS ASSOCUTION
PROPERTY MANAGEMENT CONSULTANTS INC.
By: <^4^ rf^s^^i^-'-'^,^
Agent
- 12
09/01/2005 22:43 760510&7^'' CRAFTSMAN PAGE 02/12
HABITAT RESTORATION SCIENCES, INC,
Contractor Services Agreement
Coalmttof
ttttlMl
4901 El Camlno Real Carlsbad. CA 92028 Tet: (760) 479-4210
California Contractor's License No. 842661
Client
Name: Craftsman Developmant
Attn: Greg Shull
Address:
1195 Unda Vrsta Road, Suite G
San Marcos, California 92069
Phone: (760) 510.8419
Fax: (7 6Q1 510.6712
Email;
FAX (760)479.4190
Job#! 1037
Projeot Name: Bruah {Management Ctearing for the La
Suvera Project, Carlsbad, CA
Site Addreaa: Lot 13. La Suvera Project. Carlsbad. CA
Site OMrnar: Craftsman Carlsbad 1, LLC
Owner Addreaa: Craftsman Development
1195 Linda Vista Road, Suite G
San i\flarco8, California 92069
APN: N.A.
_ Lender Name: N.A.
Lender Address: N.A.
This Contractor Services Agreement (Aflreement) is made and entered into on September 1, 2005, at Carlsbad
California, by and between Habitat Restoration Sciences, Inc. {-Contractor") and the client designated above
("Cliant'l, who, subject to the terms and conditiona of this Agreement, including the Additional Terms and
Conditiona, agree as foiiows:
A. Contractor agrees to perform the following Scope of Services ("Services"):
Revised Brush Management Clearing for the La Suvera Project, Carisbad, CA inclusive of proposal #205000
Pebruary 3, 2005.
B. Client agrees to comparisate Contractor for the Services as follows:
$9j500.OO per Cost Estimate Breakdown, page 2 of proposal
C. Agreement Documents: The Agreement Documents consist of this Agreement together w'rth the Exhibits which
are (isted below, attached hereto and fully incorporated by reference and made a part of this Agreement:
(11 Exhibit "A". Revised Proposal for Brush Management Clearing for the La Suvera Project, Carisbad, CA
Other documents that shall be a part of the Agreement, include, but are not limited to authorizations for extra woric
and written amendments to this Agreement executed by the parties.
IN WITNESS WHEREOF, the parties have executed this Agreement through their respective euthorized officers or
agents on the date first written above.
Name: ^t^f^^O/i^ O.^hul/
Title: OUA^^, HU.^ h^ X
It Restoration Sciences. Inc.
lark Girard, President
lZ7170v2M 397,0011
Page 1 of 8
09/01/2005 22:43 76051067-' CRAFTSMAN PAGE 03/12
1. SERVICES
1.1 Sarvices. Contractor will perfbnn for Client such
Services as are specified and agreed upon, or modified,
in writing from time to time, signed by the parties
pursuant to a proposal for a scope of work, purchase
order or other instrument that specifically references this
Agreement The Servioes may indude, but are not
necessarQy limited to, design, installation and monibsring
of native habitat vegetation general contracling and
other related services as agreed for Client's specific
project as designated in this Agreement (*Project"} at a
geographic site specified in this Agreemeni ("Site'}.
1.2 Cooperation. Client snd Contractor agree to
cooperate with each Other in every way on the Project
and endeavor to maintain good woridng relationships
among the members of the Project team. Client shall be
responsible for obtaining all owners' or persons'
signatures required for Contractor to perform the
Services and file and record documents, if necessary.
Client agrees to execute and deliver all addiflonal
instalments, documents and pay aU govemmental fees
and charges as necessary for Contractor lo perfOnn the
Services.
1.3 Reprasentatlves. Contractor and Client shall each
Identify their own representative who shall be primarily
responsible for the implementation and administration of
the Servfces. Contractor's representative is the Projed
Manager specified on the first page of this Agreement
The respective representatives shall be the designated
individuals with whom esch party may confer st all
reasonable times. Client's representative shall: (1) act
or sign documents on Client's behalf in all matters
concerning Ihe perfonnance of the obligations of Client
under this Agreement; (2) be fully acquainted with the
Client's responsibilities under this Agreement; (3) have
the authority to approve any authorizations for Extra
Services; and (4) render decisions promptly, and fumish
required information expeditiously to Contractor when
requested. Ali communication between Contractor and
Ciient shall be through Client's representative. Client
may designate a new representative upon written nolice
to Conlractor,
1.4 Completion Sciiadule. Contractor will use
commercially reasonable efforts to commence,
prosecute and complete all Sendees in accordance with
any schedule set forth in this Agreement. Contractor
shall not be responsible for delays caused by Client or
any third parson, or by latent conditions (not
ascertainable from reasonable inspection). Contractor
will promptly notify Client of any delay in performance of
the Services, the reasons for the delay, the anticipated
duration of the delay, and the steps necessary to
mitigate or overcome the delay.
1.5 Extra Services. Any services performed by
Contractor which are not Included in the Scope of
Services of this Agreement ("Extra Services') shall be
paid by Client as Extra Servioes according to
Contractor's then current rate schedule, unless a
separate fee for such Extra Sen/ices is agreed to. Atl
Extra Sen/ices and the cost for Same must be described
in a written agreement such as an "authorization for
IZ7170v2/l397,C01|
Contntcwt
MM
not invalidate this
extra worl^', "change order",
"agreement for extra woric" or
the like, signed by Client and
Contractor, which wrftten
agreement shall amend but
Agreement.
1.6 Governmental Acts and Omissions. Contractor
shall nol be liabie for costs, damages or delays
attributable to govemmental agencies, Including, but not
limited to., acts or omissions in pennit issuance or
processing, environnrtentai regulations and policies,
impact reports, dedications, general plans and
amendments thereto, zoning matters, annexations or
consolidations, use or conditional use pennits, project or
plan approvals and building pennits.
1.7 Irrigation. Client admowledges that the native
habitat vegetatbn installed by Contractor >s meant to be
self'sustaining and thai any irrigation equipment or
systems used or installed on the Site by Contractor to
help establish the vegetation are temporary and will be
removed or rendered inoperathre by Contractor.
2. CONTRACTOR'S RESTONSlBJUTIES
2.1 Standards of PracUca. Conhador shall observe
Ihe generally accepted standards of practice by
exercising the degree of care and skill ordinarily
exercised by companies in the same business
performing the same or similar services at the same time
and In the same geographic area. Contractor makes no
warranty, eiiher express or Implied, as lo the Sen/ices or
its professional advice, except that the same were
perfonned pursuant to generally accepted standards of
pnactice In effect at the time of performance.
2.2 L^bor and Materials. Contractor shall select,
employ or subcontract ali labor and supervisory
personnel of whatever kind required for the performance
of the Senrices. Except where othenvise specified in
this Agreement, Contractor shall provide all materials,
tools and equipment necessary for perfomning the
Services.
2.3 Uens. Contractor shall at all times prampby pay for
all labor, matariais and equipment it uses in pertonning
the Services and shali at Its expense use reasonable
efforts to keep the Site, free and clear of any and all
liens and rights to lien arising out of the Services, labor,
equipment, or materials furnished by Contractor or Its
employees, material men or subcontractors in the
perfbrmance of the Services. If Contractor fails to
release and discharge any such lien against the Site
within (30) days after receipt of written notice from Client
to remove such lien, Client may, at Client's option,
discharge, release or challenge such Hen. Contractor's
obligations under this Section shall be dependent and
conditional upon Client paying all compensation owing to
Contractor on a timely basis. Nothing herein shall affect
Conlractor's lien rights In the event Client ^ils to pay the
compensation due to Contractor under the tenns and
provisions of this Agreement regarding Contracior's
compensation.
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2.4. Safety Precautionfi. Contractor shall have
responsibility fbr safety precautions for its emptoyees
and agents performing the Services on the Site
2.5. Subcontracts. Services not performed by
Contractor may be perfbrmed, at Contractor's optkjn, by
its subcontractors. Contractor shall be responsible for
the managennent of the suticonlractors In perfbrming
their woric. Contractor agrees to bind all of its
subcontractors to the tenns cf this Agreement, and the
Agreement Documents, to the extent applicable to the
subcontractor's work
3. CUENTS RESPONSIBIUTIES
3.1 Permits and Fees. Unless otherwise specifically
provided in this Agreement, Client ia responsible for
securing and paying fbr all easements, rights of way,
govemment pennits and approvals, and nottees and/or
reports required by appKoable law, ordinances, rules,
govemmental or regulatory agencies and any affected
property owner(s), as required for the perfbrmance of
the Services.
3.2 Documents and Data. The parties wiH cooperate
and coordinate the Services with any related activities of
Client and Client's consultants, other contractors and
representatives. Client will fumish Contractor, in Gmely
^shion, with such documents, data, infomnation, and
other items which are available to Client and which aro
necessary or useful for Conlraolor's perfbnnance of the
Services. Except to the extent otherwise spec'rRed by
Client In writing, upon Contractor's receipt of such
documents, data, informatbn, and other items.
Contractor shall be entitled to rely upon same.
3.4 Project Site Acc»ss and Safety, If the Site where
any Services are to be performed is not owned by Client,
at its sole expense, Client wiH fumish any and all access
rights, easements, licenses and other written
authorf2ations for Contractor's ingress and egress, as
may be required by the owner of the Site or any
govemmental authority. At its sole expense. Client shall
grant, obtain and maintain free and safe access to the
Site at all reasonable times for Contractor's and Its
subcontractor's vehicles, equipment and personnel to
enter the Site and perfbrm the Servkes. At its sole
expense and at all times, Client shall take all reasonable
safety precautbns to prevent personal hann or property
damage to Contractor's employees, agents,
subcontractors and equipment and vehicles entering
upon or moving about the Site.
3.5 Changes in Plans. If Client makes or pennits any
changes in the Site or any work done or to be done
thereon, which are not made by or consented to in
writing by Contractor, Client agrees that the changes
and their effects are not the ro$ponslbi% of Contractor
and Ciient releases Contractor from aii liability and
agrees to indemnify, defend and hold hannless
Contractor from any claim, liability, cost or damages,
including reasonable attorneys' fees and costs of
defense, for injury or loss arising from or related to such
changes and their effects.
3.6 Payment of Costs and
Reimbursable Expenses.
Unless spedficaHy a part of the
Senrices. Client shall pay all govemmental costs and
fees for applications, inspection, taxes, assessments,
recording and filing documents, pemnits, bond premiums
and all other costs and fees. Induding, but not Hmited to
charges fbr trtle company work, soils and testing and
engineering. Client agrees to reimburse Contractor for
all of Contractor's direct reimbursable expenses incurred
in performing the Services, including, but nol limited to
reprodudbn, delivery services, postage, express and
overnight mail, king distance telephone, data transfers
and vehicie mileage.
3.7 Responellbility for Governmental Pennits and
Approvals. Client is solely responsible to maintain in
good standing all govemmental approvals and permits
related to the Project and the Site and to apply for ali
extensions thereof.
3.8. Payment for Services. Cfient shall pay Contractor
the fees, charges, reimbursable expenses, and other
compensation spedfied in this Agreemenf, including
fiees for Extra Sen/ices, as invoiced by Contractor.
3.9 Prevailing Wages. Unless me Sen/ices expressly
include detenninatton of prevailing wage requirements.
Client shall be solely responsible for an prevailing wage
matters, including, tiut not limited to. detennining
whether the praject is a "public work" under the
Caiifomia Labor Code, to whom prevailing wages are
payable, and the amount of such wages.
3.10 Notlca of Errors. If Ciient becomes aware of any
error, omisskjn or failure to meet the requirements of this
Agreement or any fault or defed in the Services or any
materials pravided, CHent shall give prompt writlen
notice of the same to Contractor. Faflure to give such
notice within a reasonable time will constitute Client's
waiver of any such error, omission, failure fault andtor
defect.
4. COMPENSATION
lST1?0v2/1ZS7.OO11
{nvolci^, [lateXha^ges. All fefe^'IMbts and other
chargesm^be billed to Client mopHlly and shati be due
and payabb^qpon receipt, unlaasotherwise specified in
this AgreemerrtMflypiCBS are^Jeilnquent if not paid within
thirty (30) days fi^nFyb* date of the invoice. Client
agrees lo pay a raortl^late charge equal to one
percent (1%) pemfonth oflh^utstanding balance until
paid in full. ilHIent shall also ^y<,^y costs incuned by
Contradjjf^for collectkin of anS%^rnount due to
Conb^efor, Induding reasonable atton?Sl7<^s. Client's
obligation to make paymeni to Contractcn^^wier this
jreement shaH survive the term or any
termination of this Agreemeni.
4.2 Witness, Litigation Support. Contrador (which
Includes its officers, directors, agente and employees),
shall not provide expert witness or other litigation
support services for Client, unless expressly agreed in
writing. In any proceeding to which Contractor is not a
party, if Contractor is required to respond to any legal
process, including, but not limited to, subpoenas
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09/01/2005 22:43 76051067^' CRAFTSMAN PAGE 05/12
government inquiries or attending depositions or
hearings, to provide information, documentation or
testimony related to or arising out of the Servicaes, Client
shall compensate Contractor for its preparation and
appearance iime and reimburse ali of Contractor's
expenses in connection with such legal process,
according to Contractor's then current rate schedule.
4.3 Conclusiveness of Billings. Ail of Contractor's
invoices or other statements of charges and balance due
shall be deemed correct, oondusrve and binding on
Ciient unless, witWn fifteen (IS) days from the date of
such invoice or statement, Oient notifies Contractor In
writing of any alleged discrepancies or errors.
Notwithslandii^ such notice. Client shall pay those
porifons of alt invotees not in dispute,
4.4 Client's Failure to Pay. If Client fails to pay
Contractor's invoice within forty five (45) days after the
date of the invoice, Contrador at its option, shall slop
performing the Services and/or at its optran, terminate
this Agreement without any further obiigation or IMiiity
to Client. In addition to all other remedies Contractor
may have, Client shall promptly pay Contractor all fees,
costs and late charges then due.
4.5 Uen Rights. Nothing in this Agreement shall be
constroed to alter, affed or waive any of Contrador's
rights with respect to mechanics' liens, stop notices or
othenvise. Client shall provide Contractor w'lth, and
update such information as it changes, the legal
description of the real property upon which the projed is
locaied (or, If not available, another description
adequate to particularty identify the real property), the
assessor's paroel number, and the name, address and
telephone number of every owner, lender, olher
contractor(s| and all other persons entitled to receive a
prettminary lien notice
5. INSPECTION AND WARRANTY
5.1 Inspection. Client may insped the Services and
reject and nonconforming Services or materiels at any
time while the Senrices are being performed. Any such
rejection must be made in writing and given to
Contractor within three (3) days of the inspection. If
Client does not require the repair or replaoement of
nonconforming Services or materials bi the manner
described above, such Services and materials shall be
deemed accepted and Conlrador shall have no
obligation to repair or replace such Services or
materials.
6. TERMINATION
6.1 Contractor's Eariy Termlnation/Susiiension and
Restart, In the event of any default of this Agreement
by Client, Contractor, at its opton, shall stop perfbrming
the Services and/or at Its option, tenninate this
Agreement without any further obligation or liability to
Client. Client shall then be responsible to pay
Contractor for all Services peribrmed thrtx^h the date of
dfscon^nuance of Services or termination of this
Agreement, whichever is later, and Client agrees to
release Contractor from al\
liability for Services perfonned.
if all or any portion of the
Services are suspended, abandoned or terminated by
Client, Client shall pay Contractor for all San/ices
perfbnned and costs incuned by Contrador at
Conlractor's then current rate scheduie, not to exceed
the fuH amount of compensation as may be stated in this
Agreement If, for any reason, the Servtees are
suspended for sixty (60) days or more. Ciient agrees to
pay Contractor for aii additional costs Contrador incurs
to suspend and restart the Services, which shaH be paid
by Client as Extra Services. If. for any reason, the
Services ara suspended for ninety (90) days or more,
Client shall pay Contrador for all Services perfonned
and costs expended by Contractor through Hie date of
its receipt of Client's written notice to suspend or stop
woric. Contractor shall have no further obfigalion to
perfonn any further Servioes. Further work by
Contrador, if any, ahall be under a newly negotiated
agreement induding new ternis for Contrador's
compensation.
6.2 Suspension of Servioes Upon Bankruptcy.
Contrador has the rfght to immedialely, and without
nolice, suspend or tenninate perfbnnance of the
Services if Client files a voluntary petitton seeking relief
under the United States Bankruptcy Code ("Code") or
there is an involuntary bankmptcy petition filed against
Client in the United States Bankmptcy Court ("CourT),
and that petition is not dismissed within fifteen (15) days
after filing, if Contractor suspends the Senrtees, the
suspension shall continue until this Agreement has been
fully and properiy assumed according to the applicable
provisions of the Code and in compliance with an
approprtate order or judgment issued by the Court.
6.3 Owner's REgltl to Termination, if Contractor
persistently fails to perform any of its obllgatk}n(s) under
thfs Agreement, Client may, efter given ten (10) days
written notioe to Contractor specifying in ptedse detail
the obligation(sj not being perfonned, peribmi or cause
to be performed! Contractor's obligation(s). The amount
of compensalion othenmse payabte to Contnactor under
this Agreement shall be reduced by an equitable amount
to cover Client's costs of performing such obligations.
Upon an additional seven (7) days written notice by
Client to Contrador and Contractor's surety, if any.
Client may temtinaie this Agreement for any of the
following reasons: (i) Contactor persistency uses
Improper materials or ur»kiUed workers; (ii) Contrador
does not make proper payment to its (aborers, material
suppliers or subcontradors, provided that Client is
making payments to Contractor according to the temns
of this Agreement; (iii) Contractor persistently fails to
abide by the orders, regulations, rules, ordinances or
laws of govemmental agencies having jurisdidion over
the Project or Site; or (iv) Contractor otherwise materially
breadies this Agreement
6.4 Contractor's Right to Cure. Contractor shall be
given a reasonable amount of time to cure any default
under this Agreenient (provided the default is of ihe type
capable of being cured), if, after such reasonable
period. Contrador fails to cure the default Client, upon
117170M 2/1297.0011
Page 4 of 8 H H
09/01/2005 22:43 760510B7'''^ CRAFTSMAN PAGE 06/12
giving written notice lo Contractor, may tenninate this
Agreement take isossession of the Site and complete
the Services. In that event. Client shall pay Contractor
only for those Services rendered through the date of
Contractor's receipt of such notice.
7. C0NRDENT1AL, PROPRIETARV INFORMATION
7.1 Confidential Information. In connection with the
perfonnance of Services under this Agreement, either
party ("Disdosing Party") may disdose ceriain
inforniation that is confidential or proprietary to the
Receiving Party whether of a technical, business or
other nature, ("Confidential Information'). Confidential
Infomnation may indude, but is not necessarily limited to,
any infomneb'on that is disctosed by Client to Contractor
pursuant to this Agreement, or that is disctosed by
Contractor with regard to Ihis Agreement, and the
means, methcxls, processes, techniques, procedures,
technology, know-how, and trade secrets used in
perfonnance of the Sen/ices. The Disdosing Party will
conspicuously marie or othenvise identify Its Confidential
Informatton as such prior to, or promptly after disdosure
to the Receiving Party.
7.2 Nondisclosure. Tlie Receiving Party will treat ail
Confidentiai infoimation as confidential and proprietary
of the Disclosing Party and wili use the Confidential
Information solely for the purposes fbr which it is
provided by the Disdosing Party. Without limiting the
generality of the foregoing, the Receiving Party wHI teke
reasonable precautions to prevent any unauthorized use
or disclosure of Confidential Intormation.
7.3 Not Applicable To Certain information. The
obligations under Section 7.2 will not apply to any: (a)
information lhat is or becomes part of the public domain
through no fault of the Receiving Party: (b) infonnatton
that fs obtained by the Receiving Party from a third party
other than in connedion with the Services, under Ihis
Agreement and without any obligation to treat the same
as confidential or proprietary; (c) Infonnation that is
Independently developed by the Receiving Party without
reference to any Confidential Informatton; (d) disdosure
required by legal process or applicable iaw. provided
that the Receiving Party will use reasonable eifforts to
give advance notice to, and cooperate with, the
Disclosing Party In connection with any such disck>sure;
and (e) disdosure with the consent to the Disclosing
Party.
7.4 Contractor's Know-How. Contrador reserves alt
right, title and interest in and to the means, methods,
processes, techniques, procedures, technology,
know-how, and trade secrets used in fjerformance of the
Services, whether devetoped prior to or during
perfbrmance of the Sen/ices. No title, right or license to
the same is transfenred to Client under or by virtue of
this Agreemeni.
8. SOLICITATION OF EMPLOYEES
S.1 Client agrees thai during the term of ttiis Agreement
and for a period of one (1) year after the tennination
hereof, Client wili not contad any emptoyees of
Contractor for purposes of soliciting and/or attempting to
|?7I70«J/1987.001J
amnt Caurwclor
Mimk
hire or contrad with such
employees separate and apart
from Conlraclur.
8.2 Client agrees that any sudi attempt at soltoitalton
shall entitle Confractor to seek an appropriate restraining
order ex parte from any court of competent jurisdiction.
9. INDEiMNITY AND INSURANCE
9.1 Indemnity, in each and every provision of this
Agreement requiring Client or Contractor to release,
indemnity, defend or hold harmless the other, such
release, indemnity, defense and hokl harmless
obligation shaH cover as indemnified parlies, as tha
context indicates, Client Contractor and each of their
respective partners, officers, directors, managers,
members, empkiyees, agente, subcontractors, ass^s.
attomeys and insurers. Contractor agrees, to the follest
extent pemnitted by iaw, to indemnity, defend and hold
harmless Client from any claim, liabilKy, cost or
damages, inckiding reasonable attorneys' fees and
costs of defense, for injury or toss caused by and to the
extent of Contractor's negligent ads. enors, omissfons
or willfoi misconduct or infringement or misappropriation
of any patent copyright, trade secret or other mteliectual
property right of any third party. Contractor shali not be
obilgatod to indemnity Client in any manner whatsoever
for Client's own negligence, omissions or willful
nniaconduct Client agrees, to the fullest extent
permitted by law. to Indemnity, defend and hold
hannless Contrador from any daim, liatrilfty, oost or
damages, induding reasonable attorneys' fees and
costs of defense, for injury or toss caused by Client's
negligent acts, errors or omissions or wlllfoi misoondud
or infringement or misappropriation of any patent
copyright trade secret or other intellectual property right
of any thinl party. CHent shafl not be obligated to
indemnify Contrador in any manner whatsoever for the
Contractor's own negligence.
9.2 Notice For Indemnification. Any party seeking
Indemnification under Sectton 9.1 will: (a) give fhe
indemnifying party prompt written notice of the
proceeding for which Indemnification Is or will be sought
(b) permit the indemnifying party to participate in the
defense and settlement of the proceeding; (c) cooperate
with the indemnifying party in connection with lhe
defense and settlement of the proceeding as the
indemnllylng party may reasonably request; and (d) not
settle the proceeding withoui the prior written consent of
the indemnifying party, which consent will not be
unreasonably withheld.
9.3 Umtt on Liability. Notwithstanding any other
provision of this Agreement Client agrees thai the full
liability of Contractor for any dalms. damages, enors or
omisstons artsing oul of the Services, shall be limited by
the amouni of liability insurance canied by Contrador.
9.4 Insurance. Contractor will maintain woricers
Compensatton insurance as required by law and
employers' liability, comprehensive general liability and
automobile Hability insurance each with coverage of no
less lhan $1 million per occunence and'm aggregate.
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09/01/2005 22:43 76051067'''^ CRAFTSMAN PAGE 07/12
Upon Client's request Conlractor will purchase addittonal
insurance provided the insurence is reasonably available
and Client pays in advance fbr such additional insurance
at ils sc^e expense. Upon request Contractor will fumish
certificates of all such insurance to Client.
10. BONDING
10.1 Bonds. To the extent pertormance or payment
bonds are required of Contractor, such bonds shan be
issued by a surety licensed in the stete or the kscatton of
the Site and much to accepteble to Client and in the
penal sum of equal to one hundred percent (100%) of
the compensation payable to Contractor under this
Agreemeni Any perfonnance bond shall cover the cost
to complete the Sen/ices, but shalt not cover any
damages of the type covered by any of Contractor's
insurance whelher or not such insurance is provided or
is in an amount sufficient to cover such damages. The
penal sum of any required paymeni bond s^afl be equal
the penal sum of any required performance bond.
11. MISCELLANEOUS
11.1 Delay. Contractor shaU not be responsible for
damages or be in deliautt by reason of delays caused by
factors beyond Contractor's reasonable control,
induding, bul not limited to, strikes, lockouts, work
stowdowns or stoppages; acts of God, acddents or
disruptions from weather, fiood, earthquake, fire, war,
dvil dismption, tenorism or explosion; Client's failure to
timely fumish infomnation or approve or disapprove of
the Services promptly; or late, slow or foulty
performence by govemmentel agendes, Client or its
agents, consultants, subcontractors or contradore. In
the case of an event causing delay, the time for
completion of ihe Services shall be extended
accordingly and Contrector's compensation shall be
equltebly increased to compensate it for any additional
costs incuned due to the delay. Contractor, at ite option
and without being in default has the right to terminate
the Sen/ic^es and (his Agreement if the delay causes a
suspension ofthe Sen/ices for ninety (90) days or more.
11.2 Incidental Damages. Under no drcumstences
wili Conlrador be liable to Client for any indired,
Inddentel. spedal or consequential damages or any loss
of profit, revenue or use.
11.3 Assignment. This Agreement shall not be
assigned by Client without the prior written consent of
Contractor,
11.4 Binding Effect This Agreement shall be folty
binding upon, inure to the benefit of, and be enforceable
by the parties and their respedlve heirs, administrators,
successors and permitted assigns.
11.5 Independent Contractor. Contrador is an
independent contractor and not an employee or agent of
Client for any pur]30se whatsoever. Contractor shall be
responsible for peribnning the Sen/ices and Client shall
have no right to control or prescritn the manner or method
of accomplishing the Senrices. Contractor shali seled aM
labor and supen/lsoty personnel required for the
perfomiance of the Senrices. Client shall have no right to
127170*2/1297.0011
Clttnf
HUHUt
suggest or demand that
Contrador terminate any of lte
empk^ees or suboontractors
who peribrm any of the Services. Whenever necessaiy
and proper, and anytime at Contrador's request Client
shall infonn third parlies and govemmental agervdes of
Contractor's status as an independent contractor. Neither
party shall have any right or auttwrity to create any
obligalton or make any representeGon or warranty in the
name of or on behalf of the other party. This Agreement
will not be interpreted or construed to create an
assodation, joint venture or partnership between the
parties or to impose any partnership obligation or liabilHy
upon either party.
11.6 Entire Agreement. This Agreement conteins the
entire agreement between Client and (infractor
regarding the subjed matter hereof. Any other
agreemente. promises, negotiattons or reprssentelfons
not expressty sel forth herein ara of no force or effecL
No modifications to this Agreement are valkl untess in
writing and signed by both Client and Conlradar.
11.7 Governing Law. This Agreement shall be
govemed by and construed in accordance with the laws
of the Stato of CaHfomia.
11.8 Waiver. Contractor's or Client's waiver and/or
breach of any term, condition or covenani of this
Agreement shall not constitute the waiver of any other
lerm. condiiion or covenant or the breach of any other
temi, condition or covenant
IIJ Notices. All notices, demands or mailings shall be
in writing and shall be deemed made on the date of
personal delivery or three (3) days after being sent by
registered mall, retum receipt requested and addressed
to the party to be notified at ite address steted above.
11.10 Severability. Every proviston of this Agreement
Is severable and independent of any other proviston
hereof. If any provision of this Agreemeni is detemiined
for any reason by a court of competent jurisdidion to tie
illegal, unenforceable or Invalid, In whole or in part, such
term or provision shall be severed ftom this y>flreement
and the remaining provistons shall be valid and binding.
11.11 Hazardous Materials. Client is solely
responsible for detennining if hazardous (other than as
previously identifled by CItent to Contractor in writing)
are present at the Site, regardless of quantity, induding,
but not limited to. asbestos, PCBs petroleum, radioactive
material, or any other harmful, toxic or hazardous
wastes or materials, . Client is solely responsible for
notifying Contractor and any required govemmentel
agendes of the presence of Materials. If Client
Contractor or any third party encounters Materials on the
Site, or should it otherwise become known that Materials
are present or may ba present on the Site or any nearby
ar&a which may affect the Senrices or the health and
safely of Contractor's employees, agents and
subcontradors. Contrador may, at its option, stop
perfonning the Services until Client retains a specialist to
Page 6 of 8
09/01/2005 22:43 760510671'' CRAFTSMAN PAGE 08/12
abate, remove, rernediate, preserve or othenvise treat
the Materials and wanants that the Site is free from any
hazard or restrictions related to (he Materials. Nothing
herein shaH limit Contractor's obligations as may be
required by law, and Conlractor sl^R not be in default of
this Agreement for reporting the presence of any
Malerials to govemment agendes. CHem agrees to
indemnify, d^nd and hold harmless Contractor from
any claim, liatrility, cost or damages, induding
reasonable attorneys' fees and coste of defense, for
injury or loss arising from or related to the presence of
any Materials.
11.12 Attorneys'Fees. In the event of any litigation or
arbitration, or any quasl-judidal or administrative
proceeding at law or equity to enforce any provision of
this Agreement the prevailing party, in addition to any
other relief granted, shall be awaTOed its reasonable
attorneys' fees, coste and expenses incurred in such
action,
11.13 Venue. Venue for any legal action shall be in the
appropriate judidal distrid in San Dlego County,
California
11.14 Mediallon and ArbitiaOon. The aaiftea shall
prompgy and amteatOv attempt to rasotve am
dispute, controversy or claim arisina out pf QT
refaum ^- ' rBiaUna to ffila Aamammt. or tha hwacft tfiereof
^"flisoute"). If mutual resoluUon of the DIaDUta
cannoi be reached witMn sixty fBOl tfay-g of wrlBen
notiee of the Disatifg from oneaar»f te ffte nihar
Wen tfy oanoie sftaw fte aufliiwltetf/tv the airies to
medlamn ^v a nautraf Mediator fmifcw/ftr se/ectetf
bv the aartitt. ff fte'oftpJty
med/alwwi wtfft/n sflrfv tm davs of writlen noffca of
Um mttnt to madlata from one oartv to the other, the
Of Piff^ft?;/ pe resoftytf Oy flna( ^nd mfirm
arbHraVon iOmhtisterad bv the Amwicait ArttibaUon
Association at its offices In San Dieao. CaHfomia. in
accofdance with Na Commercial Atbi^Von Rules and th6 laws of the State of califomia. The omeeeaina shaH be eonduetad bv rate m neutral
arbitrator who shall foHow and aaoh/ Cantamla law. The arbitrator shall have the authority to order such discovarv. bv vnv af daoosimns. intenroffatoriesi doeumant otadueUon or otfignvfea, as the atbUrator
eonsidara tiecessarv te a full and fair exaloratton of
the issues In disoate. eonslstent with Ota exoiMad
nature of the oroceedina. The written delermlnaSon
of the aiMtrator shall be final. Mndlng aria
conclustva an the parties and iudomaht unon the
award rendered bv the arb/trator mav tie entered in
any court having jurisdiction of the oarOes. The
arbitrator Shall award reasonable attorneys' fees and
costs to die DravailinqpartYl}
11.15 Soli Conditions. Contractor makes no
representations conceming soil stebility or geologic
condittons unless spedfically included as part of ths
Services. Unleas expressly agreed otherwise,
Contrador is nol responsible for any liability arising from
or related to making or failing to make any sofl stability
or geologic surveys, sub-surface soils or geologic tests.
|27170v2/1J97.00ll
LlFlMf Centmefor
11.16 Cost and Quantity
Estimates, Contractor makes
no reF|resentation concerning
the estimated quantities and probable construdion costs
made in connedion with the Services that they are
estimates only and wih vary. If the Services require
opinions of protiable construdion coste, such opintons
are based on Contrador's exiierience and qudificalions
and represent 'ite best judgment Hovvever, since
Conlrador has no control ovsr the costs or the price of
labor, equipment materials or any subcontrector's
method of pricing, such opinions do not consUtute
representedons, wananties, or guarantees of the
accuracy of such opinions as compared to bid and
actoal construdibn coste. CHent is responsible to verify
coste prior to commencement of Sen/bes.
11.17 Third Party Work. Confrador is nol responsible
for the perfonnance. acte or omissions, and does not
guarantee the quafity of work by thind parties, induding,
but not limited to. Client's agente, other consultente or
other contractors and/or its subcontractors.
11.18 Worii Damaged. If any of the woric pertomied by
Contractor, induding, but not iimited to vegetetion,
equipmenl and im'gation materials, whelher Installed or
wailing for instellatton on the Site are destroyed,
damaged or dlsturt)ed by an act of God or any third
person. Contractor shall not be responsible for re-
perfomilng such woric or provkling replacement
materials unless Cfient agrees to compensate
Contractor for such as Extra Services
11.19 Changed Field Conditions. The Sen/ices are
based upon field and other conditions at the Site existing
at the time this Agreement is entered into. Client
acknowledges that field and other conditions may
change at any time and by the Vme the Services
commence and adjustmente, darificalton and other
changes to the Services rAcflustmenb") may be
necessary to reflect changed fleM or olher conditions,
citont and Contractor shall infonn each other of any
changed field or other conditions known lo either of ttiem
that necessitate Adjustmente at any time or during
perfiirmance of the Services, Client agrees to engage
Contrador to pertorm the Adjustmente before other
activities on the Site commence or continue. Contrador
shail be paid for the Adjustmente as Extra Services.
Client agrees to indemnify, defend and hold harmless
Contrador from any daim, liability, cost or damages,
induding reasonable attorneys' foes and coste of
defense, for injury or toss arising from or related to any
changes In field and olher condiflons, any Adjustmente
nol made by Contrador.
11.20 Changes In Ordinances, if Contractor, provides
Materials and/or performs Services, and such materials
and/br Senices are required by any govemmental
agency whose applicable ordinances, codes, policies,
procedures or requirements are changed after the date
of this Agreement any addittonal materials or changes
thereto and/or Senrices then required shall be paid for
by Client as Extra Sen/ices.
11.21 Contractor's Reports, Any report issued by
Contrador setting forth its flndings and conclusions, if
P«ge 7 of 8
09/01/2005 22:43 7505106719 CRAFTSMAN PAGE 09/12
required by the Scope of Services, is based on the
limited information avail^e firom ttie observations,
investigations, sampling and/or testing conducted as
part of the Sen/ices. Contrador may indude a
stetement of limitations in any report describing any
limitetions and/or qualifications of ite Investigations and
findings.
11.22 Electronic Data. All electronic data files
fumished by Contractor ("Files") to CHent or any of
Client's agente, empioyees. representatives or ottier
contractors (odiectivety. "User"), are provided for the
convenience of and sole use of the User. Client agrees
and shall ensure ttial every User agrees, ttiat: (i) if there
are any defects or disaepandes belween the RIes and
hard copy(ies) ttiereof, ttie hard copies shall govem; (H)
no information in the Fifes may be relied upon for
accuracy or consklered the most cunent infonmation
and tiie use of such information Is at User's sole risk; (iii)
Conlractor shall not be responsible for the Introduction of
any virus, or any conuiition or damage to User's
eledronic date files or computer systems; and (iv)
Contractor shall not be liable to User or any other person
or entity under any equitable or legal tlieory whatsoever
for any damages or loss whatsoever artsing from or
related to User's use of the Files or any information
conteined tiierein. No Files, photocopies or focsiraile
transmitted documente shaB be considered original
documents or vaHd, Only hard copies of documente
bearing the original signature, stamp and/or seal of
Contractor (and ttie signature, stamp and/or seal of
govemmentel agency(les), as applicable) shaH be
considered valid and original.
11J!3 Ownerehip and Use of Services, Materials and
Woric Product Except as specified in Ihis Agreement,
Contractor owns and reserves all right title and interest
in and to all plans, reporte, specifications, designs,
drawings, maps, any items that may be spedfied as
"deliverables" in the Scope of Services, and any
elements ttiereof created or prepared by Contractor
pureuant to tliis Agreement
(cdlectivety "Documente") and
none of the Documente shall
be deemed to a "work for hire." However, provided
Contractor has completed all Sen/ices and CKent has
folly paid for all Services and Exfra Services, ff any, and
is not othenvise in defoull of tills Agreement. aR
Documente shall belong to Client but onty for the
purposes intended by ttiis Agreement. All olher reporte.
notes, caicuiations, data, designs, drawings, estimates.
spedfcaHons and other cfocumente and materials created
or prepared by Contrador, in any fomt or media,
pureuant to this jreement ("Woric Produd") are and
shall remain owned by Contractor. Wrthout Conlractor's
express prior written consent, Client shaH not fransfer
any part of the Documente or Woric Produd, or use or
pennit ttiem to be used by anyone for any purpose other
Uian ttie Projed and purpose intended by ttiis
Agreement. Any use of or reliance on ttie Documente or
Work Produd lay a third party, even witti Contrador's
consent shall be at such ttiird party's own risk, wittiout
recourse to Confractor. Confrador shall have no liability
whateoever to Client or any tiilrd party for reliance upon
or use of any Documente andfor Work Product other
than as Intended by this Agreement Cfient agrees to
Indemnify, defend and hold hannless Confractor from
any claim, liability, cost or damages, Inctuding
reasonable attorneys' fees and coste of defense, for
Injury or loss arising from or related to reliance upon or
use of any Documente and/or Work Produd other lhan
as intended by this Agreement by Client or any third
party. Confractor reserves ttie right to all copyrighte in
the Documente and any Documente not belonging to
Client
11.24 Compliance With Laws. Each party will comply
witii and perform rte obligations under all applicable
laws, regulati'ons, rules, orders and dher requiremente,
now or hereafter in effed, of governmental authorities
having jurisdiction.
|7717O«7,'1797.00M
Page 8 of 8 .It
09/01/2005 22:43 760510673'' CRAFTSMAN PAGE 10/12
08/31/2005 2J:8B 768510B712 CRAFTSMAN PflGE 82/04
MHRS EXHIBIT A
Pcbiuaty3,2005 205000.HRS
Mr.QiegSbuIl
Crafisiuaij Development
1195 Uods Vista Drive, Suite O
San Matcos, Cali£>nik 92078
Siaject: Reined Proposal Jbr Brush Manggmaa OeeHng for tht La Savere
Projtd, Cartftmt, QOtfemia
Dear Mr. Shull:
On behsif of Habitat Hestomtion Sdeneea, toc. (HRS), 1 am pleased to submit this tevised
proposal fiw brush maiugement ctearing services for your La Savm prejec^t ia CarJsbad Ve
tinderatand that you arc only loojdng ftr the brash'reaoaeemem ivork to be eompietsd at this
tnne, in order to fmplement the requiied htush nansgetaeixt cleariag needed aloag tiie open space
canyon edge, wMrin the tnsrgim of Lote 8-12, to u»et Ibe City of Caritbad i^quirements. If you
BIC still in need of these servicea HRS would be happy to conduct the woric.
HRS will conduct a one time (first yesr) brush mana^eot tfainniog sad clearing eflfort withiii
the approxitaate 1 ac» site area, in the derigturted hrusb niaiuifieinent ciearing zone. TMn work
iwJl Jitoludc an initiaJ enoticTuwasive spedes removal effl»rt. Twth herbicide treatroents and
phj^ical mnovRl, folloi^ by the subsequeot brush in«u«mieiit work, tte fuel
modtficatioo/bruflh clesritig efibrt will include removing aU daad wood, ^ntu-bg aristiiig tiativ«
species to pravide the spptopriate vertical ground cleenaice md providiBg the tcqnired hori«>ntel
clearance between ret«nant native vegetKion. AH native woody debris, appropriate for mulching,
will be chipped and mulched and applied back to the slope sunGioes as a auifioe mule*.
As part of the brush management clearing woric, HRS conduct an initial non-nafjve
wecd/exoticspcdesremovalcflfortwiftinthebruahmanflg^ This work will focus on
tte removal ofthe exoticrmvasivc species thai hsve estebh-sbed a dense sttnd along thc canyon
e^ge^ Species to be rmovedjvUl indude tree tobacco d^icodana glauca), Pampaaa grass
(Cortaderia sellowrana), black muirtard (Brassica nigra) and fennel (Focnicuim vulZre)
TTwsa species can provide a fiie risk If not controlled appropriately and can also displa^ the
desuable natcvc species. For the treatment of these non-native/exotic $peoics HRS wUl use both
the cut and stump method, as well as foliar herbicide appUcations. HRS ^vQl dien msmteny
aijpropnate landfill or green waste Jacility.
HRS.bUr3Elf.COM &Sb.d«Mi^«7« (7€0j*7Wai06ffi«
09/01/2005 22:43 7605106712 CRAFTSMAN PAGE 11/12
08/31/2005 21!08 7605106712 CRfll^SMAN PAGE 03/04
Mr. Oreg Shull
R£- Sevised Proposalfifr Brvsh Managmerd Clearing Jbr iift# La Suvem Project, CarJsbad,
California
Ths cost forthe proposed wkj$ bcokeo dovm as follows:
COST ESTIMATE BREAKDOWN
Brush Management Wori(
MM Treatment of Invasive/Bxotics fiom Brush Management Areas , „$3^00.00
Brush Management Thituiing and Clearing , S6,000.(m
Totah ^ 59,500.00
Additional Work
It 19 anticipated that follow^ year^ weed eradicatioD and bm^ mamgemrat elesiiog work will
be needed each yeer to gdaquately maintain the atea. The coat ibc this yeaily effort wculd be
$2«100.00 after fhe eoRq)Ietion ofthis first yesr effort.
Total Yesiriy Brush Managomant; , $2,100.00
ASSUMPTIONS
HRS assnmcs Hast the Client vnU handle the iqpaii of all erosion scars and damage along ttte
canyon edge, and tbat aiqr requited icvegetationt or landse^ slope impiovvmetxts will be
handled separatajtyby^ Client, or wonld be provided by HRS as anaddendnm to thia contract.
We look foiwattl to working with yoo on this project Please let me know if I can answer any
further questiona or provide any addidonal clatificadona regarding this work. Yoa can call me at
(760) 479-4210 or email me at mgtrardfahrs.dudek.CQm.
"Very truly yoms,
HABITAT RESTORATION SCIENCISS, INC.
Mark Gmffd, President
HabitttRestoxation Contractor
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Citv of Carlsbad
Planning Department
NOTICE OF EXPIRATION
September 19, 2001
Redeemer By The Sea
6355 Corte Del Abeto #100
Carlsbad CA 92009
SUBJECT: CUP 91-12X1 - REDEEMER BY THE SEA
In a recent audit of our records, we found that CUP 91-12x1, located at 6355 Corte
Del Abeto will expire on February 5, 2002. Should you, the property owner, require an
extension of this permit, please send the following:
Written request for an extension;
^ Completed Disclosure Statement (enclosed);
Land Use Application (enclosed);
»^ A check in the amount of $595.
Send the required documents and warrants to:
Chris Sexton
City of Carlsbad
Planning Department
1635 Faraday Avenue
Carlsbad CA 92008
Your request for an extension must be received before October 18, 200$, to allow
adequate time to process your application and schedule a hearing before the Planning
Commission. If you do not request an extension by this date, the permit will be
considered invalid and to continue operating, you will be required to submit an
application for a new permit, along with a check in the amount of $2,950.
Should you have any questions, please contact your staff planner, Christer Westman,
in the Planning Department at (760) 602-4614.
Sincerely,
CHRIS SEXTON
c: File Copy
Christer Westman
Mission West Properties, 6815 Flanders Rd, #250, San Diego CA 92121
1635 Faraclay Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us
SOWARDS AND iQ^OWN ENGINEERiNG
September 17, 2001 ppQpjX/^p
ClTV C)^' r.:\r::, SBAD
Christer Westman p i A ,\I ?• • IN;-- r U r^T
City of Carlsbad
1635 Faraday Avenue
Carlsbad CA 92008-7314
Re: Resubmittal of Redeemer by the Sea Lutheran Church
CT 00-22/CDP 00-64/CUP 00-44/2C 00-10/CCPA 00-13
Dear Christer:
This letter is included with the resubmittal of the above referenced application. The letter is in
response to correspondence received from the City of Carlsbad dated July 11, 2001 (enclosed)
and addresses any necessary narrative comments or issues not specifically addressed on
resubmitted plans as requested.
Planning Department Comments
Item No. 1
Lot 1 accommodates a typical house footprint which meets setback
requirements. A preliminary plot plan for said lot is included on Sheet 1 which
includes a request for fencing within the front setback.
Item No. 3
A meeting between the project architect and Planning Department clarified
building height issues.
Item No. 4
The information requested is shown on the attached architectural site plan.
Engineering Department Comments
Item No. 2
The proposed parking spaces and dimensions are shown on the attached
architectural site plan.
Item No. 4
The Poinsettia Lane median was previously shown extending through the 'A'
Street intersection to be built by others. Redeemer by the Sea is required to
build half the median along their property frontage. Redeemer proposes to build
the east half (instead of the south half) in an effort to provide a more uniform
appearance.
Item No. 5
Applicant did not receive previous redlined copy of the traffic study.
Item No. 6
Enclosed is a blueline print with fire hydrant locations as requested by Mike
Smith.
21 87 NEWCASTLE AVENUE • SUITE 103 • CARDIFF BYTHE SEA, CA 92007
C7B0} 436-8500 • FAX (760) 436-8603
City of Carlsbad
September 14, 2001
Page Two
Item No. 7
Water meters relocated within Poinsettia Lane right-of-way as requested by
Carlsbad Municipal Water District.
Item No. 13
A letter of permission is forthcoming from Carlsbad Municipal Water District for
offsite grading as reflected on Tentative Subdivision Map.
Item No. 16
The information requested is shown on the attached architectural site plan.
Item No. 17
The information requested is shown on the attached architectural site plan.
Item No. 19
The information requested is shown on the attached architectural site plan.
Item No. 21
Letters of permission for offsite grading to be provided. Feel free to call if you have any questions after reviewing this letter and resubmitted plan
documents.
Sincerely,
Randy R. Brown
RCE 36190
cc: Ken Voertman, Redeemer by the Sea
David Keitel, Dominy + Associates
99129.ltr
GEOIMFKA
GEOTECHNICAL
CONSULTANTS
September 12, 2001
Redeemer By The Sea
C/o Ken Voertman
1617 South Pacific Street
Oceanside, CA 92054
Subject: Addendum Geotechmcal Report
Proposed Church and Residential Development
Redeemer by the Sea
Poinsettia Lane and Black Rail Road
Carlsbad, CA
References: "Preliminary Geotechnical Investigation, Proposed Church and
Residential Development, Redeemer by the Sea, Poinsettia Lane and
Black Rail Road, Carlsbad, CA", by Geopacifica, Inc., dated
November 20,2000.
"Rough Grading Plans, Redeemer by the Sea", by Sowards and Brown,
dated April 23,2001.
Dear Mr. Voertman:
In response to your request and based upon a response by the City of Carlsbad I have
prepared this addendum report to provide additional geotechnical recommendations
regarding the grading ofthe residential portion of the proposed grading. In particular, the
question regarding the treatment of the daylight areas bordering the natural area southeast
comer of the property adjacent to lots 8-12 and "A" Street.
ADDITIONAL GRADING RECOMMENDATIONS
The residential development was recognized and addressed in the referenced geotechnical
report. In the grading recommendations section (7.0) it was noted that the undocumented
fill and colluvial soils areas adjacent to the canyon areas (residential area and street "A")
it was stated that removal of up to 4-8 feet was anticipated. I have attached Plates EG-6
(Fill-over-natural), EG-10 (Daylight Cut Lot) and EG-11 (Transition Lot) to further
explain my grading recommendations for the conditions that occur on the residential lots.
3 0 6 0
INDUSTRY ST
SUITE 105
OCEANSIDE
C A 9 2 0 5 4
TEL: 760.721.5488
FAX: 760.721.5539
GEcm:iFrA
GgQTECHNICAL
CONSULTANTS
In the area of Lots 11 & 12 and Street "A" Figure EG-6 applies. All unsuitable soil
should be removed down to bedrock or Terrace Deposits and a mimmum 15-foot wide
key excavated prior to placement of fill. The fill should then be placed and benches
excavated into bedrock and the slope is being constructed.
In the area of Lots 8-11 figure EG-10 applies. All unsuitable soils are removed down to
bedrock or Terrace Deposits a minimum 1:1 projection fi'om the edge of the pad. Fill is
then placed and benched uito bedrock. The resulting cut/fill is handled in accordance
with Figures EG-10 and EG-11.
All other cut/fill transition lots are handled in accordance with Figure EG-11. The cut
portion of the lot is overevcavated a mimmum of three feet and replaced as compacted
fill (minimum 90% relative compaction).
All other conclusions and recommendations contained in our geotechnical report of
November 20, 2000 apply to the residential lots and are still valid.
I hope this addresses the concems of the City of Carlsbad.
Sincerely,
James F. Knowlton
RCE 55754 CEG 1045
TRANSITION LOT DETAU
CUT LOT (MATERIAL TYPE TRANSITION)
NATURAL GRAOE
PAO GRAOE
COMPACTED FILL OVEREXCAVATE ANO RECOMPACT
3' MINIMUM*
1^ .UNWE Jj^ . UNWEATHERED BEDROCK OR APPROVED MATERUL
TYPICAL BENCHING
CUT-FILL LOT (DAYUGHT TRANSITION)
PAD GRAOE
NATURAL GRADE -^^^^ MUM
OVEREXCAVATE
ANO RECOMPACT
^ Y//^<^^//^^^^ 3'MINIMUM'
^ UNWEATHERED BEDROCK OR APPROVED MATERIAL
TYPICAL BENCHING
NOTE: * DEEPER OVEREXCAVATION MAY BE RECOMMEMDED BY THE SOILS ENGINEER
AND/OR.ENGINEERING GEOLOGIST IN STEEP CUT-RLL TRANSITION AREAS.
PLATE EG-11
FILL OVER NATURAL DETAIL
SIDEHILL FILL
PROPOSED GRADE
COMPACTED FILL
"MAINTAIN MINIMUM t5* WIDTH.
TOE OF SLOPE AS SHOWN ON ORADING PLAN
PROVIDE A in MiNIMUM PROJECTION FROM
DESION TOE OF SLOPE TO TOE OF KEY
AS SHOWN ON AS BUILT
"0
m
m o
I
NATURAL SLOPE TO
BE RESTORED WITH
COMPACTED FILL
BACKCUT VARIES
^ .--^/AWW/ ^-MINIMUM
15'MINIMUM KEY WIDTH
2'X 3* MINIMUM KEY OEPTH
2'MINIMUM IN BEDROCK OR
"APPROVED MATERIAL
/^^\y4V/AW^ BE'^CH WIDTH MAY VARY
"p', MINIMUM
PTE: 1. WHERE THE NATURAL SLOPE APPROACHES OR EXCEEDS THE
DESION SLOPE RATIO, SPECIAL RECOMMENDATIONS WOULD BE
PROViDED BY THE SoiLS ENGINEER.
2. THE NEED FOR AND DISPOSITION OF DRAINS WOULD BE DETERMINED
BY THE SOILS ENOINEER BASED UPON EXPOSED CONDITIONS.
o
DAYLIGHT CUT LOT DETAIL
RECONSTRUCT COMPACTED FILL SLOPE AT 2:1 OR FLATTER
(MAY INCREASE OR DECREASE PAD AREA).
OVEREXCAVATE ANO RECOMPACT
REPLACEMEMT FILL
AVOlO AND/OR CLEAN UP SPILLAGE OF
MATERIALS ON THE NATURAL SLOPE
'"^HRT^ . BEDROCK OR APPROVED MATERIAL
no
£:
m
m
Q
I
NOTE: 1. SUBDRAIN AND KEY WIDTH REQUIREMENTS WILL BE DETERMINED BASED ON EXPOSED SUBSURFACE
CONDITIONS ANO THICKNESS OF OVERBURDEN.
2. PAD OVER EXCAVATION AND RECOMPACTION SHOULD BE PERFORMEO IF DETERMINED NECESSARY BY
THE SOILS ENGINEER ANO/OR THE ENGINEERING QE0L00I5T.
Citv of Carlsbad
Planning Department
July 11, 2001
Ken Voertman
Redeemer by the Sea Lutheran Church
6355 Corte Del Abeto, Suite 100
Carlsbad, CA 92008
SUBJECT: CT 00-22/CDP 00-64/CUP 00-44/ZC 00-10/LCPA 00-13 REDEEMER BY
THE SEA LUTHERAN CHURCH
Although the applications are complete, additional and/or corrected information is
requested to clarify, amplify, or otherwise, supplement the basic information required for
the application. In addition, you should also be aware that various design issues may
exist. These issues must be addressed before this application can be scheduled for a
hearing. The Planning Department will begin processing your application as of the date of
this communication.
In addition to written comments, redline exhibits are being returned to you with additional
information. Please return the redline exhibits with the next submittal.
Please contact your staff planner, Christer Westman, at (760) 602-4624, or your staff
engineer Glen Van Peski at (760) 720-0500 if you have any questions or wish to set up a
meeting to discuss the application.
Sincerely,
MICHAEL J. HOLZMILLER
Planning Director
MJH:CW:mh
c: Adrienne Landers
Glen Van Peski
File Copy
Data Entry
Planning Aide
Enclosures
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us
Additional Information and Issues of Concern
Planning:
1. Because of setback requirements. Lot one is severely constrained. I suggest that Lots
one through four be consolidated into three lots. Consolidation of the lots will also
create greater lot size consistency throughout the entire subdivision.
2. The City's preference is to create a separate lot for the open space easement shown
over lots 9 through 1 2. A separate lot eliminates conflicts later on regarding how the
property can be used and also eliminates the 3:1 lot depth-to-width ratio conflict on
lots 10 and 11.
3. Building height is still an issue on the sanctuary and family life center. The maximum
height in the R-l zone is 30 feet. The church tower(s) may be allowed over-height if
the Planning Commission can make appropriate findings.
4. The parking requirement for the sanctuary is one space for every 5 seats. The
number of parking spaces required for the pre-school and Christian education center
is determined by the maximum number of students and staff anticipated for each
facility. It is assumed that the daycare and education center will operate during the
"day" Monday through Friday and the Sanctuary will hold service during the
"evening" and on weekends. This assumption allows the consideration of "joint use"
of the parking lot. Please provide the maximum number of students and staff
anticipated for each "school" facility.
Engineering:
1. Correct onsite drive aisle section D-D.
2. Please show and dimension the proposed parking spaces on the TM and Conditional Use
Permit.
3. Please show usable future access to the adjacent parcel to the east off of A' Street.
4. Full access at the proposed 'A' Street/Poinsettia Lane intersection will not be permitted.
Revise Figure 8 in the traffic study and text as required to reflect a right in right out only.
Revise the tentative map to show the Poinsettia Lane median extending through the
intersection.
5. Please submit previous redlined copy of the traffic study for reference.
6. Please meet with the Fire Marshall to determine fire protection requirements, and revise
the tentative map to reflect the information. No documentation of discussions was
submitted, and no fire hydrants are indicated on the tentative map.
7. All water meters need to be within an easement to the Carlsbad Municipal Water District
(CMWD). Revise tentative map accordingly.
8. CMWD will not accept waterlines through the middle of Lot 13. Revise alignments in
coordination with CMWD staff. See tentative map for some general comments, but meet
with Water Design staff for details.
9. Revise sewer alignment in accordance with the redlined tentative map, in coordination with
Water Design staff. Public sewer will need to be within an easement granted to the City of
Carlsbad.
10. Submit preliminary hydrology study showing that the post-development peak runoff is not
increased from the pre-development flows for the 10-yr., 6-hour storm in accordance with
the Coastal Zone requirements. Hydrology study should include calculations for the sizing
of the proposed CMWD tank drainage and tank overflow in accordance with data provided
by CMWD staff.
11. Indicated how National Pollutant Discharge Elimination System (NPDES) criteria will be
met by note on the tentative map. Be advised that "fossil filters" on the inlets will not be
considered sufficient sole mitigation. With final engineering, calculations will be required
to figure the anticipated pollutants including quantities, specify mitigation features including
structural Best Management Practices (BMPs) to address the anticipated pollutants.
12. Show fail-safe overflow path on Lot 12. Final design will have to include calculations that
the 100-yr. peak runoff can travel from the sump to a discharge point without inundating
any structures, and include provisions to prevent homeowners from blocking the overflow
path.
13. Please setback the proposed slopes and graded swale in accordance with City Standard
GS-14 adjacent to the CMWD property. Revise the graded swale to a concrete swale
where erosive velocities are anticipated.
14. Please separate out the grading quantities for the residential lots and lot 13 on sheet 1 of
the tentative map.
15. A standard driveway apron shall be placed at the CMWD access gate off of the church
parking lot west of the proposed 30 foot Carlsbad Water District easement . A hatched
"No Parking" zone shall be shown in front of the access gate. Additionally, no trees or
large shrubs shall be allowed within water line easements.
16. Show proposed phasing on tentative map, either on the existing map sheet or by separate
smaller plan view somewhere on the tentative map. Clarify the extent of grading, waterline
improvements and the maximum building square footage proposed with phase 1
improvements.
17. Please show a turnaround at the end of the parking for phase 1.
18. Please revise building square footage in traffic study to reflect those shown on the
Conditional Use Permit plans. Revise the traffic study phase 1 to be consistent with the
phase 1 shown on the tentative map and landscape plans.
19. Show the proposed phasing on the CUP site plan (see comment #16).
20. Proposed drain line for CMWD tank drainage and overflow does not seem to have
adequate capacity. See additional design comments marked on redlines.
1^
21. Letters of permission to grade for offsite grading are required prior to scheduling the
project for hearing. The project will be conditioned to provide temporary construction
easements for offsite grading prior to approval of grading plans.
22. The ADT on the tentative map (Table 4) are inconsistent with the traffic study. Please
revise one or the other, or both, to be consistent.
23. The soils report does not show any grading of lots 1-12. Report needs to address the
proposal to construct a new 2:1 slope on top of undocumented fill. The limits of any
remedial work should be reflected on the tentative map, and the volume should be shown
on the title sheet.
24. Proposed lots 10 and 11 exceed the City's 3:1 lot depth-to-width ratio.
SOWARDS AND EOROWN ENGINEEROG
RECEIVED
April 23, 2001
APR 2 h 2001
CITY OF CARLSBAD
PLANNING DEPT.
Christer Westman
City of Carlsbad
1635 Faraday Avenue
Carlsbad CA 92008-7314
Re: Resubmittal of Redeemer by the Sea Lutheran Church
CT 00-24/CDP 00-64/CUP 00-44/2C 00-10/CCPA 00-13
Dear Christer:
This letter is included with the resubmittal of the above referenced application. The letter is in
response to correspondence received from the City of Carlsbad dated January 30, 2001
(enclosed) and addresses any necessary narrative comments or issues not specifically
addressed on resubmitted plans as requested.
Water Design Department Issues Comments
Item No. 3
The existing 30' wide water easement is currently being shown on our re-
submittal being relocated over the westerly half of the site and quitclaimed over
the easterly half of the site. However, pending design decisions made by
Carlsbad Municipal Water District we would prefer quitclaiming the entire
easement along the project's southerly boundary as discussed with Carlsbad
Municipal Water District Staff. New water main construction would occur on
District property and connect through Redeemer by the Sea property to
Poinsettia Lane as shown on Tentative Map between proposed buildings.
Item No. 5
The resubmitted Tentative Map reflects a storm drain outletting in the canyon in
lieu of through Lot 8 to accommodate tank drainage and tank overflow conditions
as discussed with Carlsbad Municipal Water District Staff. Pipe sizing is based
on input provided by Carlsbad Municipal Water District Staff.
Gradinq and Drainage Comments
Item No. 1
National Pollutant Discharge Elimination System (NPDES) will be included in
final design of project construction drawings as required by project conditions of
approval. NPDES methods anticipated include drainage through vegetated
swales, drainage through perforated pipes in areas with no building structures,
and filters constructed as part of storm drain inlet structures.
Item No. 2
Lot 12 storm outlet as previously submitted was discussed with Mike Shirey.
2187 NEWCASTLE AVENUE • SUITE 103 • CARDIFF BYTHE SEA, CA 92007
(760) 43B-85QG • FAX C7B0] 436-8603
o o
C. Westman, City of Carlsbad
April 23, 2001
Page Two
Item No. 4
Fail safe overflow is provided in the sense the inlets are designed at the sump
location of A' Street approximately four feet lower than building structures such
that no property damage will occur. In addition, we feel a cleanout is not
necessary as storm drain pipe with 100 foot radius curve can be properly
maintained and will not interfere with dry utilities which will be constructed behind
the contiguous sidewalk in A' Street right-of-way.
Item No. 5
All runoff from site is being collected in underground storm drain system
connecting to storm drain system constructed with Poinsettia Lane.
Item No. 7
Grading quantities shown hereon (cut/fill balance of 32,000 cubic yards) reflect
Poinsettia Lane construction by others per City of Carlsbad grading and
improvement plans No. 379-6 prior to development of Redeemer by the Sea
property.
Item No. 8
Design and development of project along southerly boundary line relies on
permission for offsite grading as discussed with Carlsbad Municipal Water
District.
Land Title and Mapping Comments
Item No. 1
Grading Quantity Breakdown for a total cut/fill of 32,000 C.Y. is as follows:
Church Development
Cut/Fill 8,500 C.Y.
Fill/Import from Residential 19,800 C.Y.
Residential Development
Cut/Fill 2,600 C.Y.
Cut/Export to Church 20,900 C.Y.
Note: Grading quantities shown hereon reflect Poinsettia Lane constructed by
others per City of Carlsbad Grading and Improvement Plans No. 379-6.
Item No. 3
Utilities exist at the northwest corner of the Water District property along Black
Rail Road (Note: SDG&E main transmission lines are offsite to Redeemer by the
Sea property)
C. Westman, City of Carlsbad
April 23, 2001
Page Three
Miscellaneous Comments
Item No. 2
Upon Tentative Map approval, we will provide 24" x 36" plan sheets as required.
Also included with this letter are comments from the applicant addressing Planning Comments,
Items No. 3 and 9.
Feel free to call if you have any questions after reviewing this letter and resubmitted plan
documents.
Sincerely,
1
Randy R. Brown
RCE 36190
cc: Mike Shirey, City of Carlsbad Engineering
Jon Schauble, Carlsbad Municipal Water District
99129.ltr
Redeemer by the Sea Lutheran Church
Carlsbad, California
February 21, 2001
Mr. Ray Patchett
Carlsbad City Manager
1200 Carlsbad Village Drive
Carlsbad Ca. 92008
Dear Mr. Patchett, ^
Redeemer by the Sea Lutheran Church has been serving the residents of Carlsbad for the past 10
years from a temporary facility located in the Industrial Park off Palomar Airport road, in March
of this year we purchased ground at the comer of Black Rail Road and Poinsettia Lane to build
our permanent facility.
We have completed our master plan and have submitted our application for the necessary permits
and rezoning which are required. These are CP 00-24/CDP 00-64/CUP 00-24/ZC 00-10/LCPA
00-13 - Redeemer by the Sea Lutheran Church. Our rriaster plan includes services to the
community; not just our members. These include Preschool, Elder Center, Family Life Center
with an indoor basketball court and a K through 8 grade school. Our facilities will be available to
the community where we can be of service. We presently serve as a polling place at no cost to
the community and plan to continue this service at the new location.
We have now received staff comments on our submittal containing many technical comments, as
expected and one requirement which we can not meet. We are being asked to fund the
construction of Reach C of Poinsettia Lane, at an estimated cost of about $1,800,000. We are a
relatively small congregation and fmd it impossible to fimd public roads. While we would be
reimbursed at some point for this cost we would have to borrow this money. We believe the
interesl on this amount wouid be about $14,000 per month. This is beyond our financiai
capability.
If this requirement can not be resolved it will result in a lose-lose situation as we will not be
allowed to build our church and the City will not have this missing portion of Poinsettia.
Completion of this link of Poinsettia Lane would provide relief for Palomar Airport Road and
provide a westerly connection for the homes along Cassia Road. It would also service the new
park at Ambrosia and Poinsettia.
6355 Corte Del Abeto. #100 Carlsbad Ca. 92008 760-431-8990
While our church doesn't generate taxes for the coffers. Redeemer, nevertheless, gives to tiie city
of Carlsbad ih ways that are intrinsic and intangible. We give Carlsbad tax paying, hard working
and responsible citizens. We help and restore broken &milies and children. Our society can not
survive without stable law-abiding citizens and this is one of many ways Redeemer gives to
Carlsbad. Last summer, the community enthusiastically received our Vacation Bible School.
Young parents told us how much their children enjoyed it and that they are looking forward to us
building our church nearby and expanding our community activities.
We believe that under our national Constitution the required construction of Poinsettia Lane, by
Redeemer by the Sea Lutheran Church, may be unconstitutional and at best, poor public policy.
Redeemer by the Sea is an integral part of our City, plays a vital role in citizens' lives and
contributes greatiy to the stability and success of Carlsbad. We are a non-profit organization, not
in the business of building roads, but building lives. On the behalf of our congregation, we ask
that you review the policy that requires us to he lumped with developers to fund and build
Poinsettia Lane as part of our building program so that together, we may create a situation where
we both win.
Sincerely,
Ken Voertman
Building Committee Chairman
Cc: Marty Orenyak
Christer Westman
Mike Shirey
City of Carlsbad
Planning Department
January 30, 2001
Ken Voertman
Redeemer by the Sea Lutheran Church
6355 Corte Del Abeto, Suite 100
Carlsbad, CA 92008
SUBJECT: CT 00-24/CDP 00-64/CUP 00-44/ZC 00-10/LCPA 00-13 - REDEEMER BY
THE SEA LUTHERAN CHURCH
Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning
Department has reviewed your development applications as to their completeness for
processing.
We were unable to perform a completeness review of your application within 30 days of
submittal and therefore deem the application complete as submitted. There is however
additional information which is being requested to assist in the further review of the
project. The technical acceptance date is of the application is January 7, 2001. The City
may, in the course of processing the application, request that you clarify, amplify, correct,
or otherwise, supplement the basic information required for the application. In addition,
you should also be aware that various design issues may exist. These issues must be
addressed before this application can be scheduled for a hearing. The Planning Department
will begin processing your application as of the date of this communication.
Please contact your staff planner, Christer Westman, at (760) 602-4614, or staff engineer,
Mike Shirey, at (760) 602-2747, if you have any questions or wish to set up a meeting to
discuss the application.
J. HOLZMILLER
'Planning Director
MJH:CW:mh
c: Adrienne Landers
Mike Shirey
File Copy
Data Entry
Planning Aide
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us
Project Comments
No. CT 00-24/CDP 00-64/CUP 00-44/ZC 00-10/LCPA 00-13 - REDEEMER BY THE SEA
LUTHERAN CHURCH
Planning:
1. Identify spot elevations along Black Rail Road and future Poinsettia Lane on
Engineering sheet C-1.
2. Identify areas of cut and fill on Engineering sheet C-1.
3. Describe proposed pre-school and education center uses in greater detail, including
maximum number of students, days and hours of operation, and the source of the
students (general public and/or church members).
4. Describe typical use and hours of operation of the family life center and
administration/elder center.
5. The building height in the R-1 zone is 30 feet (21.10.020). Architectural
protrusions are allowed per Section 21.46.020 but are limited to the minimum
height necessary to accommodate or enclose the intended use. More information is
needed to determine the proposed project's compliance with the R-1 height limits.
Finished floor elevations for each of the proposed buildings and spot elevations on
the "roof plan" at 20 scale will help in the review.
6. The lower levels of some buildings may qualify as "basements" which in turn may
affect the overall building height calculations. Review Section 21.04.045 and
indicate which lower levels are basements if any.
7. Indicate where all equipment associated with all of the buildings operations will be
located. All equipment must be screened.
8. An analysis of noise impacts from future Poinsettia Lane is required for the
residential subdivision portion of the project.
9. The residential subdivision is subject to the City's Inclusionary Housing Ordinance.
Therefore, 15% of the proposed housing must be made available to lower income
households. Contact should be made with the City's Housing and Redevelopment
office at (760) 434-2810.
10. The Zone 20 Specific Plan requires that the slopes adjacent to the water tank be
heavily landscaped.
11. There is some encroachment into slopes greater than 25%. If there are sensitive
pant species within these slopes, they may not be developed per the Mello II
segment of the Carlsbad Local Coastal Program.
12. The undisturbed slope areas within the residential subdivision should be defined by
a separate lot, owned by the subdivider or the future home owner's association.
Engineering:
Traffic & Transportation
1. As previously indicated in the preliminary review for the project, it will be incumbent
on the project to complete the improvements for Black Rail Road and Poinsettia
Lane, including any requisite off-site transitions. Minimum improvement
requirements are as follows:
a. Poinsettia Lane:
• Full width grading;
• Unimproved raised median;
• 18' of pavement on each side of the raised median; and,
• Full frontage improvements.
b. Black Rail Road:
• Match existing paving; and,
• Full frontage improvements.
These improvements must be shown in plan view, and on the applicable typical
street sections.
2. Please add on-site drive aisle cross-sections to the Tentative Map (TM) at the
proposed different parking configuration design areas.
3. As previously indicated in the preliminary review, please show clear sight lines at
proposed Lot's 1 and 2. Caltrans "Stopping" Sight Distance criteria is acceptable.
4. As previously indicated in the preliminary review, please show clear sight lines at: 1)
The Poinsettia Lane/'A' Street; 2) The on-site drive aisle/Black Rail Road; and, 3)
The on-site drive aisle/'A' Street intersections. Caltrans "Corner" Sight Distance, as
well as, the City's "sight triangle" must be utilized for these locations.
5. All sight lines must be shown on the preliminary Landscape Plan (LS) also.
6. Please show and dimension the proposed parking spaces on the TM and Conditional
Use Permit (CUP).
7. Please show usable future access to the 'Day Break Church' site off of A' Street
(across from the on-site access aisle).
8. Please show handicap ramps, and, street light standards, as well as, all other
proposed surface improvements, in plan view, for Poinsettia lane, Black Rail Road,
A' Street and the on-site drive aisle, on the TM and CUP.
9. As requested in the preliminary review, please indicate the project's proposed
Average Daily Traffic (ADT), on the TM and CUP.
10. Please show a profile of the on-site drive aisle (since it has a segment with a
gradient of 14%).
11. The Traffic Report indicates that A' Street is proposed to be a private street. Is this
correct? Please label all typical street sections as public or private.
12. Is the sidewalk on Black Rail Road, at other locations, noncontiguous to the curb and
gutter?
Traffic Study
1. Page 12 - The City of Carlsbad Trip Generation Standard is to use the San Diego
Association of Governments (SANDAG) Trip Generation criteria. Institute of
Transportation Engineers (ITE) Trip Generation criteria is acceptable, as long as, it is
a more conservative estimate. Therefore, please indicate why SANDAG Trip
Generation was not used, and, that ITE's Trip Generation is more conservative (as
long as it is).
2. Page's 17 & 19 (Figure's 6 & 8) - Ful! access at the proposed A' Street/Poinsettia
Lane intersection is not permitted. The intersection must be designed as a right-
in/right-out configuration. Therefore, please revise both of these figures, and,
redistribute the trip generation (Figure 6) and traffic volumes (Figure 8), and,
recalculate intersection and street seqment Level's of Service (LOS) effected bv this
desiqn change. Also, revise all effected Figures, Tables and Text throughout the
report.
3. Page 24 - Please add the following projects into the Cumulative Project Analysis:
Cobblestone (CT 84-32A)(it does not matter that the TM is 10+ years old, the project
exists, and therefore generates traffic); Carnation; and. Day Break Church. Then,
recalculate intersection and street seqment Level's of Service (LOS) effected bv the
addition of this traffic.
4. Page 31 (Figure 13) - Same revision as page's 17 & 19.
5. Page 33 - Revise A' Street dimensions to 36' curb-to-curb/56' right of way. The text
on this page indicates that A' Street is proposed to be Private. Is that correct?
Although not designated on the TM, the design looks to be Public. Please verify and
revise.
6. Page 35 - Under 'Intersections,' discuss Build-out traffic mitigation measures for aH
intersections.
Sewer & Water
1. Please indicate the direction of gravity flow sewer, on the TM.
2. Relocate the proposed sewer line and manholes to the centeriine of 'A' Street.
3. Please show the location of proposed sewer laterals with inlet elevations (ie), at the
buildings and sewer main, for the Master Plan (Sanctuary, Education Centers, etc.)
area, on the TM.
4. Please show water service connections to the proposed buildings, with proposed
meter locations, for the Master Plan area, on the TM.
5. Please meet with the City Fire Marshall to determine fire protection requirements
(i.e., landscaping fire zones, fire hydrant locations, sprinkler requirements, etc.). And
provide documentation of discussions with the Fire Marshall.
6. Please show existing and proposed fire hydrants, in accordance with Issue 3 above.
Also, show proposed fire hydrants on the typical street sections.
7. Please provide an exhibit detailing the areas to irrigated with reclaimed water and
potable water. Ensure that facilities/services are provided to these demand areas.
Water Design Department Issues
1. Show all waterlines, both domestic and recycled, on the plans. There are actually
four proposed water lines in Poinsettia Lane, north of the Redeemer property. The
locations of these four waterlines can be obtained from Dan Smith of Daniel Boyle
Engineering at (760) 433-8710.
2. There is an existing pressure-reducing station, which is not shown on the plans. It is
located near Black Rail Road. The pressure-reducing station has been abandoned
by Carlsbad Municipal Water District (CMWD) and it can be demolished and
removed under the direction ofthe CMWD.
3. The existing CMWD easement parallel to the south property line will not be
quitclaimed because the existing 18" waterline will be converted into an 18" recycled
waterline. We note that the proposed site grading will impact the 18" waterline and it
will probably have to be relocated to a new profile at the expense of the Developer. A
portion of the easement, north of the proposed housing development, may be
quitclaimed after water mains are constructed in Poinsettia Lane.
4. A standard driveway apron shall be placed at the CMWD access gate, just off the
northwest corner of Lot 5. A hatched "No Parking" zone shall be placed in front of
CMWD's access gate. CMWD will require an access easement from Black Rail
Road to the gate mentioned above, across the Redeemer property.
5. Storm drains in Poinsettia Lane shall be in accordance with Carlsbad Drawing 379-6.
The storm drain proposed in "A" Street shall be extended to the southwest corner of
Lot 8 to allow a connection to the existing storm drain outlet of the CMWD tank site.
The size of the storm drain shall be sufficient to accommodate site drainage, tank
drainage, and tank overflow conditions. A storm drain easement 20 feet in width and
centered on the storm drain is required.
6. The Landscaping Plan shows trees in the CMWD existing and proposed easements.
No trees will be allowed in CMWD easements.
Grading & Drainage
1. Indicate how National Pollutant Discharge Elimination System (NPDES) (surface
pollutant mitigation) criteria will be met This could include, but not be limited to
doing one or a combination of the following: Directing surface run-off through
vegetated swales prior to discharge to a storm drain or the public right of way;
constructing a gravel/sand/filter system; constructing de-pollutant basins, etc.
Additionally, please be advised that pre and post construction Storm Water Pollutant
Prevention Plans (SWPPP) will be required to be submitted as part of the grading
and improvement plan check process.
2. Please delete the proposed down slope storm drain on Lot 12, and either direct
surface runoff to 'A' Street (additional grading) in accordance with City Standard GS-
15, or, allowing the surface runoff to flow over the slope.
3. As requested in the preliminary review, please show a "Typical Lot Drainage" plan
view of City Standard GS-15, on the TM.
4. Fail-safe overflow must be provided at the two proposed sumps in 'A' Street.
Additionally, the proposed storm drains must not tie into the proposed curb inlets with
radii. They should tie into a cleanout in the street and then perpendicularly tie into
the inlets. This way, the storm drain is located in its customary position and will not
interfere with dry utilities, will better facilitate maintenance, as well as, future mark-
outs. (See Water Design Department Issues above.)
5. Piease submit calculations that show that pre and post runoff from a 10-Year, 6-Hour
storm event is not increased outside the boundary of the subdivision, in accordance
with Coastal Zone Mello II requirements.
6. Please add a profile of the proposed Lot 12 driveway, from the face of curb to the
driveway terminus, on the TM.
7. Please indicate the amount of grading proposed separately for the required
Poinsettia lane improvements, in cubic yards of cut/fill and import/export, on the TM.
8. Please setback the proposed slopes and "bladed swale" in accordance with City
Standard GS-14, at the Master Plan area southerly boundary line next to the Water
District property.
9. Please be advised, slope easements may be required for any off-site grading (e.g.,
at the Water District property and the Day Break Church property).
10. Where do the two inlets located at the proposed Water District driveway/gate drain
to?
Preliminarv Geo-technical Report
1. Section 2.2 'Proposed Development' - The text discusses "underground parking."
Where is this underground parking? It is not shown on the TM. Please verify and
revise.
2. Section 5.2.1 'Lurching and Shallow Ground Rupture' - The last sentence at the
bottom ofthe page is incomplete. Please revise.
3. Section 7.5 'Retaining Wall Drainage and Backfill' - See comment Section 2.2,
above.
4. The report pages should be numbered, and reflected in the Table of Contents.
Land Title & Mapping
1. Please show the proposed project phasing, and applicable phasing/grading quantity
breakdown. Please be advised, all street improvements must be constructed in
Phase 1.
2. Please be advised, a Joint Use Agreement must be executed with SDG&E, prior to
grading and improvement plan approval. City staff will provide the Agreement, but it
is incumbent upon the applicant to get the Agreement executed in a timely manner.
3. Are there any existing overhead utilities, other than the SDG&E main transmission
lines, located in or adjacent to the property boundary?
4. Please indicate the future disposition of all existing easements.
5. In accordance with City Code, each cul-de-sac lot frontage must have a minimum
width of 33' at the right of way line, not +/- 33'.
6. Proposed Lot's 10 & 11, exceed the City's 3:1 lot depth-to-width ratio. This can be
remedied by placing a public Open Space easement over the back of the lots,
thereby decreasing the lot depth back into the 3:1 range.
M/sce//a/7eot/s
1. Please label the Master Plan area as Lot 13.
2. Please submit the TM on 24" x 36" plan sheets.
3. Please add CT 00-22, and the following Reference Applications: CUP 00-44, CDP
00-64, LCPA 00-13, and ZC 00-10, to the TM.
Redlined check prints are enclosed. These check prints must be returned with the revised
pians to facilitate continued staff review
SOWARDS AND rpiOWN ENGINEERQIG
March 27, 2000
Bob Wojcik
City of ciarlsbad Engineering Department
1635 Faraday Avenue
Garlsbad, GA 92008
Re: Redeemer by the Sea Development - Preliminary Review 00-05 (APN: 215-080-22)
Dear Bob:
As a follow-up to our recent preliminary review application for the above referenced project, we
are requesting your consideration of an engineering variance for intersection spacing.
Poinsettia Lane is a major arterial road and requires a minimum intersection spacing of 1200 feet.
However, since the distance along Poinsettia Lane between existing intersections at Black Rail
Road and Ambrosia Lane is approximately 2000 feet, we request an intersection for a proposed
public street at approximately the midpoint to serve APN: 215-080-22 (Redeemer by the Sea)
and APN: 215-080-04 (see attached exhibit). The proposed 'A' Street would be centered along
the common property line between said parcels providing the approximate intersection spacing
shown on the attached exhibit. The proposed A' Street would serve APN: 215-080-04 which is
currently "land locked" from access to Poinsettia Lane.
Feel free to contact our office if you have any questions on this matter. The project planner, Mike
Grim, is aware we are submitting this letter to your department and can also provide additional
information if you have questions. Thank you for your consideration of this matter.
Sincerely
Randy R. Bro
RGE 36190
enclosure
cc: Mike Grim, Gity of Garlsbad
Ken Voertman, Redeemer by the Sea
99129. ltr
2187 NEWCASTLE AVENUE • SUITE 103 • CARDIFF BYTHE SEA, CA 92007
(760) 436-8500 • FAX (760) 436-8603
INTERSECTION gPAf^lNr; EXHIBIT
(J
f-IARCH 27, 2000
City of Carlsbad
Planning Department
February 22, 2000
Ken Voertman
Reedemer by the Sea
1617 S Pacific St
Oceanside CA 92054
SUBJECT: PRE 00-05 - REDEEMER-BY-THE-SEA
APN: 215-080-22
A preliminary review ofyour project was conducted on February 10, 2000. Listed below
are the issues raised by staff. Please note that the purpose of a preliminary review Is to
provide you with direction and comments on the overall concept of your project. The
preliminary review does not represent an in-depth analysis of your project-
Additional issues of concern may be raised after your application is submitted
and processed for a more specific and detailed review.
Planning:
1. The project site is designated Residential Low Medium Density (RLM) in the City's
General Plan. This designation allows a residential density of 0.0 to 4.0 dwelling per
developable acre, with a Growth Management Control Point of 3.2 dwelling per
developable acre. In order to assess the maximum residential yield for the property,
a constraints map is needed. This constraints map should Indicate all areas with
slopes over 40 percent inclination, areas with slopes between 25 and 40 percent
inclination, and any other constrained lands such as major power transmission line
easements or riparian areas.
2. The site is zoned Limited Control (L-C) In both the City's Zoning Ordinance and the
Local Coastal Program. Therefore, a Zone Change and Local Coastal Program
Amendment Is required prior to, or concurrent with, development permit
applications. According to the Zone 20 Specific Plan, a designation of R-1-7,500-Q
would be an appropriate zoning to Implement the RLM General Plan designation.
3. In order to determine potential environmental impacts, a biological report would be
needed for all native habitat on site. The project site is located within a Standards
Area of the City's Habitat Management Plan and may require mitigation for any
removal of native vegetation.
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 ^
PRE 00-05 - REDEEMER!SY-THE-SEA ^
February 22, 2000
Page 2
4. Virtually no property line dimensions were provided, therefore no comments can be
made on those dimensions. The front property line dimensions that are shown (for
lots 6 through 10) Indicate a proposed front property dimension of 26 feet. The
minimum allowed by current Carlsbad codes Is 33 feet for cul-de-sac frontages.
5. The proposed subdivision would require a Tentative Tract Map and a Coastal
Development Permit. The residential subdivision would be subject to the
requirements of the Inclusionary Housing Ordinance, therefore some housing
affordable to lower income households must be provided.
6. With regard to the proposed church use, places of worship are allowed In all zones
subject to approval of a Conditional Use Permit. All of the proposed ancillary uses,
such as the schools, recreational facilities and elderly center, are consistent with the
typical ancillary uses associated with places of worship and do not raise any land
use concerns with staff. In order to calculate the required parking amounts, a more
accurate description of these ancillary uses would be needed (including square
footages of uses and hours of operation).
The most restrictive parking standard for the proposed uses would be the public
assembly standard of one space per 100 square feet of gross floor area. Given this
ratio, the proposed first phase of the church development has adequate parking
amounts.
7. Since no building elevations or landscaping plans were submitted, no comments to
such can be made.
Engineering:
Engineering Department staff have completed a preliminary review of the above-
referenced project. Prior to formal application submittal the following items must be
adequately resolved/addressed:
RESIDENTIAL SITE PLAN/MAP
1. Poinsettia Lane is designated as a Major Arterial on the Carlsbad Circulation
Element. As such, minimum Intersection spacing along Poinsettia Lane Is 1200'.
The proposed cul-de-sac street is approximately 1000' east of the existing
Poinsettia Lane/Black Rail Road intersection. Therefore, this proposal currently
does not meet City Standards. Additionally, other developments have been
approved and constructed east of this proposed project which may have already
established the intersection spacing along Poinsettia Lane. Was this site
planned to be accessed from a surrounding approved development? Please
provide access information for properties/projects along Poinsettia Lane east of
this proposed project to determine how this project can achieve access In
accordance with City Standards.
PRE 00-05 - REDEEMEI^Y-THE-SEA
February 22, 2000
Page 3
2. Please indicate all existing and proposed utilities (i.e., storm drain, water, sewer,
etc.) for on-site and off-site along Poinsettia Lane and Black Rail Road. Indicate
gravity flow sewer facilities with inlet elevations. Indicate on-site surface runoff to
drain towards the proposed on-site street in accordance with City Standard GS-
15.
3. Provide a Vicinity Map on the site plan.
4. Please Indicate all existing and proposed Improvements along Poinsettia Lane
and Black Rail Road. Please be advised. It will be incumbent on this project to
complete the Improvements for both of these roadways along the project's
frontage, including any requisite off-site transitions.
5. Show typical street sections for Poinsettia Lane and Black Rail Road. Indicate
existing and proposed improvements on the typical sections.
6. Please indicate the amount of grading proposed for the project in cubic yards of
cut/fill and Import/export.
7. A recent Preliminary Title Report (PR) (Issued within 6 months of formal
application submittal) will be required forthe proposed project.
8. Please show clear sight lines at proposed Lot 14. Use CalTrans "Stopping" Sight
Distance criteria.
9. Thank you for showing some existing easement information on the site plan. For
your information, though, all easements and encumbrances, as identified In
Schedule "B" of the PR, must be shown on the site plan. The future disposition
ofall easements and encumbrances must also be Identified/shown.
10. Please be advised, this property is located in the Poinsettia Lane/Aviara Parkway
Fee District. Any requirements of this District must be met upon development of
the property.
11. Please Indicate the existing topography 200' from the perimeter of the property
boundary. Also, show existing and potential future access to adjacent parcels.
12. Indicate the project's proposed Average Daily Traffic (ADT), on the site plan.
13. In accordance with City Code, the cul-de-sac lot frontage must have a minimum
width of 33' at the right of way line.
MASTER PLAN
Please be advised, due to the submittal format, engineering staff did not review the
worshlp/educatlon/admlnlstratlon ("worship") portion of the project. However, some
typical comments are offered as information for design purposes, as follows:
1. From what staff can determine, it seems like the following is included in Phase 1:
a) Mapping of the residential and "worship" sites; b) grading of the residential
and "worship" sites; c) construction of an 8795sf, 2-story multipurpose building.
c PRE 00-05 - REDEEME^Y-THE-SEA ^
February 22, 2000
Page 4
Is this correct? Provide the correct application types and submittal formats upon
formal application submittal.
2. Additional phases of construction will remove existing parking areas (e.g., the
family life center and outdoor play area). Providing adequate on-site parking is a
requirement for any project and a major staff issue of concern.
3. If parking will be permitted along the proposed 30' access aisle, the minimum
widths for this access must be 32' for 1 sided and 40' for 2 sided parking.
4. If gates are proposed, 20' of queuing must be provided for each 1000 ADT.
Additionally, turning areas must be provided before the gate so that a standard
"P" vehicle can turn around on-site without backing Into or utilizing the public
street to maneuver.
5. Dimension the site plan. Drive aisles must have a minimum width of 24'. A drive
aisle adjacent to a loading area must have a minimum width of 32'.
6. Submit the "worship" site plan on 24"x36" sheets.
7. Indicate how National Pollutant Discharge Elimination System (NPDES) (surface
pollutant mitigation) criteria will be met. This could include, but not be limited to
doing one or a combination of the following: Directing surface run-off through
vegetated swales prior to discharge to a storm drain or the public right of way;
constructing a gravel/sand/fllter system; constructing de-pollutant basins, etc.
8. Show clear sight lines at the drive aisle intersection with the proposed residential
cul-de-sac. Use CalTrans "Corner" Sight Distance criteria.
9. Are there any existing driveways or future streets planned across from both ends
of the proposed 30' access aisle?
10. Provide 5' offsets at proposed parking stalls which are located at 90° adjacent to
each other.
11. Indicate the project's proposed ADT, on the site plan.
MISCELLANEOUS
1. This preliminary review does not constitute a complete review of the proposed
project, additional Items of concern may be identified upon formal project
application submittal.
2. A red-lined check print is enclosed for the applicants use In making the
requested revisions. This check print must be returned with the formal
application submittal to facilitate continued staff review.
c
PRE 00-05 - REDEEMECTY-THE-SEA
February 22, 2000
Page 5
Please contact Michael Grim at (760) 602-4623 if you have any questions.
Sincere
GARY/E. WAYNE
Assistant Planning Director
GEW:MG:mh
Michael J. Holzmiller
Chris DeCerbo
Michael Shirey
Mike Smith
Bill Plummer
t^File Copy
Data Entry
STATE OF CALIFORNIA-THE RESOURCES AGENCY GRAY DAVIS. Govemor
CALIFORNIA COASTAL COMMISSION
SAN DIEGO AREA
7575 METROPOLITAN DRIVE, SUITE 103
SAN DIEGO, CA 92108-4402
(619) 767-2370
IMPORTANT PUBLIC HEARING NOTICE
MAJOR AMENDMENT 1-2002B & C
CITY OF CARLSBAD LOCAL COASTAL PROGRAM
I. HEARING TIME AND LOCATION
DATE: Tuesday, July 9, 2002
TIME: 9:00 a.m.
LOCATION: Waterfront Hilton Resort Hotel
21 ICQ Pacific Coast Highway
Huntington Beach, CA
CityOt
C«tsk»l
II. HEARING PROCEDURES
At the time of the public hearing, staff wdll make a brief oral presentation to the
Commission. Immediately following the staff presentation, a representative or
representatives from the City of Carlsbad may address the Commission regarding the
local coastal program amendment. Upon conclusion of the City's presentation, interested
members of the public and agencies wdll have an opportunity to address the Commission
and comment on the amendment. The Commission will then close the public hearing;
and, since there are preliminary recommendations and fmdings prepared for the
Commission, the Commission may take fmal action on the amendment requests at this
time.
III. BACKGROUND
The City's certified Local Coastal Plan contains six geographic segments as follows:
Agua Hedionda, Mello I, Mello II, West Batiquitos Lagoon/Sammis Properties, East
Batiquitos Lagoon/Hunt Properties and Village Redevelopment. Pursuant to Sections
30170(f) and 30171 of the Public Resources Code, the Coastal Commission prepared and
approved two portions of the LCP, the Mello I and II segments in 1980 and 1981,
respectively. The West Batiquitos Lagoon/ Sammis Properties segment was certified in
1985. The East Batiquitos Lagoon/Hunt Properties segment was certified in 1988. The
Village Redevelopment Area LCP was certified in 1988; the City has been issuing coastal
development permits there since that time. On October 21,1997, the City assumed
permit jurisdiction and has been issuing coastal development permits for all of its
segments except Agua Hedionda. The Agua Hedionda Lagoon LCP segment remains as
a deferred certification area until an implementation plan is certified. The subject
amendment request affects the LCP's Mello II segment.
Important Public Hearing Notice
Page 2
IV. AMENDMENT REQUESTS
The subject amendment requests revise the certified Mello II Implementation Program.
The requests rezone a 30.9-acre site (Carlsbad Promenade, 1-2002B) to Residential One-
Family with a 7,500 square foot lot size and qualified development overlay (R-l-7,500-
Q), and rezone a 10.26-acre parcel (Redeemer by the Sea, 1-2002C) from Limited
Control (L-C) to One-Family Residential (R-l). The Carlsbad Promenade site has been
approved for a 32-lot single-family residential subdivision. The Redeemer by the Sea site
has been approved for a 12-lot single-family subdivision and a church campus. The
Carlsbad Promenade site is located northeast of the intersection of Aviara Parkway and
Poinsettia Lane; vehicular access to the property will be from Camino de las Ondas. The
Redeemer by the Sea site is located south of Poinsettia Lane; vehicular access to the
property will be from the completed extension of Poinsettia Lane and Black Rail Road.
Existing native vegetation on both sites is proposed to remain imdisturbed and will be
preserved in open space lots.
V. AVAILABILITY OF STAFF REPORT
A staff report on the LCP amendments containing recommendations has been prepared
for the Commission. If you would like the full text of the staff report, call or write the
San Diego Area Office of the Coastal Commission and request a copy of the "City of
Carlsbad Local Coastal Program Amendment No. 1-2000B & C" staff report. A copy
wdll be mailed to you promptly. Questions regarding the report or hearing should be
directed to Keri Akers at (619) 767-2370.
We apologize if you received duplicate notices; however, because of the overlap
of persons with interest in more than one community on our mailing lists, the
duplications are unavoidable.
(Document!)
Citv of Carlsbad
Planning Department
May 15, 2002
Keri Akers
California Coastal Commission
San Diego District
7575 Metropolitan Drive, Suite 103
San Diego CA 92108-4402
RE: REDEEIVIER BY THE SEA LCPA
Dear Keri,
Enclosed are the Negative Declaration, slope mapping and project map.
Give me a call with any questions.
Sincerely,
Christer Westman AICP
Senior Planner
CWxs
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us ^
^^^^^^
City of Carlsbad
Planning Departnnent
May 28, 2002
Sherilyn Sarb
District Manager, San Diego Coast Area
California Coastal Commission
7575 Metropolitan Drive, Suite 103
San Diego, CA 92108
Subject: Time Extension for LCPA 1-2002
Dear Sherilyn:
The City agrees to a time extension for LCPA 1-2002. It is my understanding
that the LCPA will be considered at the next available hearing. This will allow us
time to discuss the development projects that are part of LCPA 1-2002 at our
June 4'^ meeting. There are four parts to LCPA 1-2002. Three are development
projects (Promenade, Redeemer by the Sea and Thompson/Tabata). Redeemer
and Promenade do not impact any habitat. Thompson/Tabata impacts
approximately 0.1 acre of southern willow scrub. This habitat is the consequence
of an agricultural tailings pond that probably will cease to exist now that the
agricultural operations have ended and there is no longer a source of water. The
City required 2:1 mitigation forthe wetland impact. This is based on the quality
of the habitat and its precarious existence. However, If the Commission wants to
protect the wetland, no mitigation would be required and one of several open
space lots (pocket parks) could be exchanged with the wetland lot without the
need for any redesign.
The fourth part of LCPA 1-2002, is a City zone code amendment that modifies
design requirements ofthe Planned Development ordinance. This is a very
important project. Currently the ordinance is effective everywhere In the City
except in the Coastal Zone. The new ordinance is more restrictive than the one
contained in the LCP and it should have no impact on protecting coastal
resources or the access policies of Chapter 3. Therefore, the City requests that
this part of LCPA 1-2002 be heard as quickly as possible.
If you have questions or want to discuss any of the above, please let me know.
Thank you for your attention to this matter.
SincereTy,
^Gary E. Wayne^
Assistant Planning Director
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us
STATE OF CALIFORNIA - THE RESOURCES AGENCY GRAY DAVIS, Govemor
CALIFORNIA COASTAL COMMlL^.ON
SAN DIEGO AREA
7575 METROPOLITAN DRIVE, SUITE 103
SAN DIEGO, CA 92108^402
(619) 767-2370 .i i\A rjAjVl
TO: Commissioners and Date: May 24,2002 ' ^
Interested Persons pLftHWNG o^^Hl'V'^ ^ 5 3-
FROM: Staff V>,>, vV/
SUBJECT: Request to Waive Time Limits for the City of Carlsbad Local Coastal
Program Amendment No. 1-2002 (Carlsbad Promenade,
Thompson/Tabata and Redeemer by the Sea Rezones, and Planned
Development Requirements) (Commission Meeting of June 10-14, 2002)
On February 25, 2002, the City ofCarlsbad LCP amendment request No. 1-2002 was
received in the San Diego Area office. The submittal was deemed incomplete and a letter
dated March 11, 2002 was sent to the City to this effect. Upon submittal of additional
information, the file was deemed completed and filed on April 22, 2002. The LCP
amendment consists of four items, including the proposed rezone of three properties from
Limited Control (LC) and Residential One Family (R-l) to R-l and Residential Multiple
Density (RD-M), and the incorporation of planned development requirements.
Pursuant to Section 30513 of the Coastal Act, implementation plan amendments must be
acted upon by the Commission within 60 days of their filing. Based on the above-cited time
limits, the proposed LCP submittal must be scheduled for review by the Commission at the
June 10-14, 2002 meeting. However, Section 30517 of the Coastal Act and Section 13535(c)
of the Califomia Code ofRegulations state that the Commission may extend for good cause
the applicable time limits for a period not to exceed one year.
In this particular case, the properties to be rezoned have been identified as containing
environmentally sensitive habitat areas (ESHA) which will be permanently preserved as part
of the Carlsbad Habitat Management Plan (HMP). Staff is currently working with the City
to finalize citywide standards for preservation and protection of ESHA on these properties as
well as all other remaining undeveloped properties in the coastal zone, in order to avoid
piecemeal rezones which may not adequately protect ESHA or meet the requirements ofthe
HMP and the Coastal Act. Additional time is required to finalize these requirements, which
will be incorporated into the HMP and LCP through a future LCP amendment.
Staff Recommendation: Staff recommends that the Commission extend the 60-day time limit
for a period not to exceed one year. However, the LCP Implementation Plan amendment will
be scheduled as expeditiously as possible, potentially as early as the July 2002 hearing in
Huntington Beach.
MOTION:
I move that the Commission extend the 60-day time limit to act on the City of
Carlsbad Local Coastal Program Amendment No. 1-2002 for a period not to exceed one
year.
STAFF RECOMMENDATION:
Staff recommends a YES vote. An affirmative vote by a majority of the
Commissioners present is needed to pass the motion.
STATE OF CALIFORNIA-THE RESOURCES AGENCY GRAY DAVIS. Governor
CALIFORNIA COASTAL COMMISSION
SAN DIEGO AREA
7575 METROPOLITAN DRIVE, SUITE 103
SAN DIEGO, OA 92108-4402
(619) 767-2370 , ^
IMPORTANT PUBLIC HEARING NOTICE
CITY OF CARLSBAD
LOCAL COASTAL PROGRAM AMENDMENT 1-2002
TIME EXTENSION
DATE:
TIME:
LOCATION:
June 11, 2002
9:00 a.m.
The Queen Mary Hotel
1126 Queens Highway
Long Beach, CA
SUB.TECT:
City of Carlsbad LCP Amendment No. 1-2002 Time Extension (Carlsbad
Promenade, Thompson/Tabata and Redeemer by the Sea Rezones, and Planned
Development Requirements) - Public hearing and action to extend the time limit
for up to one year on request by City of Carlsbad to amend the certified Carlsbad
LCP Implementation Plan to rezone three properties from Limited Control (LC)
and Residential One Family (R-l) to R-l and Residential Multiple Density (RD-
M), and to incorporate additional Planned Development requirements. (KA/BP-
SD)
Questions regarding this request or hearing should be directed to Keri Akers, San
Diego Area Office Coastal Planner, at (619) 767-2370.
(G:\San DiegoWVorkgroup TemplatesVTime Extension Notice dot)
August 21,2003
TO: BOBBIE HODER, PLANNING
PLANNING DEPARTMENT - GRAPHICS
TRAFFIC ENGINEER
SCOTT BURNS, BUILDING DEPARTMENT
KAREN GARBRY, BUILDING DEPARTMENT
STEVE RUGGLES, STATION #3 FIRE DEPARTMENT
GREG WOODS, PUBLIC WORKS - OAK ST OFFICE
LORI ALLEN, POLICE DEPARTMENT
KARL VON SCHLIEDER - GIS
FROM: Planning Director
STREET NAMES FOR CT 00-22 - REDEEMER BY THE SEA
The following street names have been approved as a part of the final map processing
for CT 00-22. A map delineating street locations is attached.
Public Streets:
Fisherman Drive
CS:bd
Attachment
SITE PLAN
FOR
REDEEMER BY THE SEA - LUTHERAN CHURCH OF CARLSBAD
CITY OF OCEANSIDE
HIGHWAY L..i^
I
i
I
VISTA
CITY OF
SAN MARCOS
- PROPOSED HRE HYDRANT LOCAVONS
mm MAP
N.T.S
JOB No. 02-011 8/19/02
ixwrno^ $ g^aw CNetNCc^iNe. INC.
CONSULTING ENGINEERS
2187 NEWCASTLE AVENUE'SUITE 103
CARDIFF BY THE SEA, CA., 92007
TEL. 760/436-8500 FAX 760/436-8603