HomeMy WebLinkAboutCT 12-01; Miles Pacific Subdivision; Tentative Map (CT) (2)<&~)
~ CITY OF
CARLSBAD
LAND USE REVIEW
APPLICATION
P-1
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
APPLICATIONS APPLIED FOR: (CHECK BOXES)
Development Permits
0 Administrative Permit
~ Coastal Development Permit (*) 0 Minor
0 Conditional Use Permit (*)
0 Minor 0 Extension
[?g Environmental Impact Assessment
0 Habitat Management Permit
0 Hillside Development Permit (*)
0 Planned Development Permit
0 Minor
0 Residential 0 Non-Residential
0 Planned Industrial Permit
0 Planning Commission Determination
0 Site Development Plan
0 Special Use Permit
(?g Tentative Tract Map
0 Variance 0 Administrative
(FOR DEPT. USE ONLY) Legislative Permits
"l).P l:l.-15
(~r· 1 a-o'
0 General Plan Amendment
0 Local Coastal Program Amendment (*)
0 Master Plan 0 Amendment
0 Specific Plan 0 Amendment
0 Zone Change (*)
0 Zone Code Amendment
List other applications not specified
D
D
D
(*) = eligible for 25% discount
(FOR DEPT. USE ONLY)
1--------l
NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30P.M. A PROPOSED PROJECT REQUIRING ONLY ONE
APPLICATION MUST BE SUBMITTED PRIOR TO 4:00P.M.
ASSESSOR PARCEL NO(S).: 156-351-03, 07 & 08
PROJECT NAME: Miles Pacific
BRIEF DESCRIPTION OF PROJECT: See Attached
BRIEF LEGAL DESCRIPTION: Portion of Tract 7 of Laguna Mesa Tracts, in the City of
Carlsbad, County of San Diego, State of California, according to Map thereof
No. 1719, filed in the Office of the County Recorder of San Diego County,
LOCATION OF PROJECT: June 21, 19 21
ON THE:
BETWEEN
P-1
West
(NORTH, SOUTH, EAST, WEST)
La Flores
(NAME OF STREET)
SIDE OF
AND
2373 & 2375 Pia Pica, Carlsbad
Page 1 of5
STREET ADDRESS
Pio Pico
(NAME OF STREET)
Yourell Avenue
(NAME OF STREET}
Revised 07/10
• OWNER NAME (Print): Miles Pacific, LP APPLICANT NAME (Print): Robert Miles
MAILINGADDRESS: 1833 Buena Vista Way MAILINGADDRESS: 1833 Buena Vista Way
CITY,STATE,ZIP: Carlsbad, CA 92008 CITY,STATE,ZIP: Carlsbad, CA 92008
TELEPHONE: 760-889-9011 TELEPHONE: 7 6 0-8 8 9-9 0 11
EMAIL ADDRESS: robtmiles@roadrunner. com EMAIL ADDRESS: robtmiles@roadrunner. om
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER
INFORMATION TRUE AND CORRECT TO THE BEST OF MY AND THA HE ABOVE INFORMATION IS TRUE AND CORRECT TO
KNOWLED THE MY KNOWLEDGE.
APPLICANTS REPRESENTATIVE (Print):
MAILING ADDRESS:
CITY, STATE, ZIP:
TELEPHONE:
EMAIL ADDRESS:
Rod Bradley, cjo BHA, Inc.
5115 Avenida Encinas, Suite L
Carlsbad, CA 92008
760-931-8700 X225
rbradley@bhaincsd.com
c, ~' ... /~
DATE
I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE
APPLICANT AND THAT ALL THE ABOVE INFORMATION IS TRUE AND
CORRECT TO THE BEST OF M~YCJK~llllll.ECC;E:---
THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING
COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS
APPLICATION. 1/WE CONSENT TO ENTRY FOR THIS PURPOSE.
NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING
RECORDED 0 TLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH
THE LAND ANY SUCCESSORS IN INTEREST.
FOR CITY USE ONLY
P-1 Page 2 of5
JUL 0 5 2012
CITY OF CARLSBAD
PLANNING DIVISION
DATE STAMP APPLICATION RECEIVED
RECEIVED BY:
Revised 07/10
City of Carlsbad
Faraday Center
Faraday Cashiering 001
1218701-1 07/05/2012 98
Thu, Jul 05, 2012 10:48 AM
Receipt Ref Nbr: R1218701-1/0023
PERMITS -PERMITS
Tran Ref Nbr: 121870101 0023 0032
Trans/Rcpt#: T000112658
SET #: 8000003450
Amount:
Item Subtotal :
Item Total:
ITEM(S) TOTAL:
Check (Chk# 001119)
Check (Chk# 001120)
Check (Chk# 0313)
Total Received:
Have a nice day!
1 @ $14 ' 361. 20
$14,361.20
$14' 361.20
$14 '361.20
$2' 521.00
$11,821 .85
$18.35
$14,361.20
**************CUSTOMER COPY*************
•
.ty of Carlsbad
r Avenue Carlsbad CA 92008
llmllllllllllllllmlllllllllllll!ll m111 ~~
~t/Initialized Projects
Total:
Amount
3,332.00
11,029.20
14,361.20
Transaction ID: T000112658
Transaction Date: 07/05/2012
Pay Type Method Description Amount
Payment Check 14,361.20
Transaction Amount: 14,361.20
•
February 24,2012
State of California
Department of Real Estate
•
320 West Fourth Street, Suite 350
Los Angeles, CA 90013-1105
Re: Project Name: Miles Pacific
Developer: bHA, Inc.
Address: 2373 Pio Pico Drive, Carlsbad CA, 92008
APN: 156-351-03,07 & 08
Units: 17
------------------,
•
... a world class district
Carlsbad Unified School District has reviewed the above project and its impact on school attendance
areas in this District. At this time, based on the address description you provided of2373 Pio Pico
Drive, it appears that the schools of attendance for this project are:
Buena Vista Elementary School (K-5)
1330 Buena Vista Way
Carlsbad, CA 92008
(760) 331-5400
Valley Middle School (6-8)
1645 Magnolia A venue
Carlsbad, CA 92008
(760) 331-5300
Carlsbad High School (9-12)
3557 Lancer Way
Carlsbad, CA 92008
(760) 331-5100
The Board of Trustees wishes to advise the Department of Real Estate and Residents of Carlsbad
that, at present, some of 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 Board of Trustees wishes to also inform you that conditions imposed upon
new development within the City of Carlsbad require mitigation of school impacts.
Sincerely,
Devin Vodicka, Ed.D.
Assistant Superintendent
Business Services
DV/bb
ATTACHMENT "1"
I HEREBY CERTIFY THAT THE PROPERTY OWNERS LIST AND LABELS SUBMITTED TO
THE CITY OF CARLSBAD ON THIS DATE REPRESENT THE LATEST AVAILABLE
INFORMATION FROM THE EQUALIZED ASSESSOR'S ROLES.
APPLICATION NAME AND NUMBER
M·l-t~ PM=-~~ Svts1>JVI'~,'(),.;
APPLICANT OR APPLICANT'S REPRESENTATIVE
-------------
-
P-21 Page 3 of6 Revised 07/10
«~' ~ ClTY OF
CARLSBAD
TIME LIMITS ON
DISCRETIONARY
PROJECTS
P-1(E)
PLEASE NOTE:
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
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.
If you have any questions regarding application submittal requirements (i.e., clarification
regarding a specific requiremen~~ther all requirements are necessary for your particular
application) please call (760) 60~
Applicant Signature: __ i/:::;..._ ________________ _
Staff Signature: e CQii
Date: Ju'J 5, ';tQt?--
To be stapled with receipt to the application
P-1(E) Page 1 of 1 Revised 07/10
•
CITY OF
CARLSBAD
HAZARDOUS WASTE
AND SUBSTANCES
STATEMENT
P-1(C)
Develooment Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Consultation of Lists of Sites Related to Hazardous Wastes
{Certification of Compliance with Government Code Section 65962.5)
Pursuant to State of California Government Code Section 65962.5, I have consulted the
Hazardous Waste and Substances Sites List compiled by the California Environmental
Protection Agency and hereby certify that (check one):
D The development project and any alternatives proposed in this application are not contained on the
lists compiled pursuant to Section 65962.5 of the State Government Code.
[] The development project and any alternatives proposed in this application !!:! contained on the lists
compiled pursuant to Section 65962.5 of the State Government Code.
APPLICANT
Name: Robert Miles
Address: 1833 Buena Vista Way
Carlsbad, CA 92008
Phone Number: 7 60-8 89-9011
PROPERTY OWNER
Name: Miles Pacific. LP
Address:1833 Buena Vista Way
Carlsbad, CA 92008
Phone Number: 760-889-9011
Address of Site:, __ 2_3_7_5_P_i_o_P_i_c_o ____________________ _
Local Agency {City and County): Carlsbad, CA/ San Diego County
Assessor's book, page, and parcel number:, ___________________ _
Specify list{s):, _____ c_o_u_n_t_y_o_f __ s_a_n_D_i_e_g_o ______________ _
Regulatory Identification Number: _______ 1_9_9_5_7_7 _____________ _
Date of List: Updated Quarterly
~
Applicant Signature/Date Property Owner Signature/Date
The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local
agencies and developers to comply with the California Environmental Quality Act requirements
in providing information about the location of hazardous materials release sites.
P-1(C) Page 1 of2 Revised 07/10
r
~~1)\
~CITY OF
CARLSBAD
STORM WATER
STANDARDS
QUESTIONNAIRE
E-34
Development Services
Land Development Engineering
1635 Faraday Avenue
760-602-2750
www.carlsbadca.gov
To address post-development pollutants that may be generated from development projects, the City requires that new
development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management
Practices (BMP's) into the project design per the City's Standard Urban Stormwater Management Plan (SUSMP). To
view the SUSMP, refer to the Engineering Standards (Volume 4, Chapter 2) at www.carlsbadca.gov/standards.
Initially this questionnaire must be completed by the applicant in advance of submitting for a development application
(subdivision, discretionary permits and/or construction permits). The results of the questionnaire determine the level of
storm water standards that must be applied to a proposed development or redevelopment project. Depending on the
outcome, your project will either be subject to 'Standard Stormwater Requirements' or be subject to additional criteria
called 'Priority Development Project Requirements'. Many aspects of project site design are dependent upon the
storm water standards applied to a project.
Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts.
City staff has responsibility for making the final assessment after submission of the development application. If staff
determines that the questionnaire was incorrectly filled out and is subject to more stringent storm water standards than
initially assessed by you, this will result in the return of the development application as incomplete. In this case, please
make the changes to the questionnaire and resubmit to the City.
If you are unsure about the meaning of a question or need help in determining how to respond to one or more of the
questions, please seek assistance from Land Development Engineering staff.
A separate completed and signed questionnaire must be submitted for each new development application submission.
Only one completed and signed questionnaire is required when multiple development applications for the same project
are submitted concurrently. In addition to this questionnaire, you must also complete, sign and submit a Project Threat
Assessment Form with construction permits for the project.
Please start by completing Section 1 and follow the instructions. When completed, sign the fonn at the end and submit
this with your application to the city.
Automotive repair shoo. A facility categorized in any one of Standard Industrial Classification (SIC) codes 5013,
5014, 5541, 7532-7534, and 7536-7539
Restaurants. Any facility that sells prepared foods and drinks for consumption, including stationary lunch counters
and refreshment stands selling prepared foods and drinks for immediate consumption (SIC code 5812), where the
land area for development is greater than 5,000 square feet. Restaurants where land development is less than 5,000
square feet shall meet all SUSMP requirements except for structural treatment BMP and numeric sizing criteria
rAnllir~~mll'lnt!': and
X
E-34 Page 1 of3 REV 1/14/11
X
X
X
X
~ .... •• ,_1
6.
7.
8.
9.
..
«~> ~· CITY OF
CAR LSBAD
STORM WATER
STANDARDS
QUESTIONNAIRE
E-34
Development Services
Land Development Engineering
1635 Faraday Avenue
760-602-2750
www.carlsbadca.gov
Hillside de~ elooment. Any development that creates more than 5,000 square feet of impervious surface and is
area with known erosive soil conditions, where the development will grade on any natural slope that is
rcent 25% or reater.
located in an
twenty-five pe
Environmen tally Sensitive Area fESAJ1• All development located within or directly adjacent2 to or discharging
ESA (where discharges from the development or redevelopment will enter receiving waters within the
either creates 2,500 square feet or more of impervious surface on a proposed project site or increases
rviousness of a ro osed ro'ect site 10% or more of its natural! occurrin condition.
directly3 to an
ESA), which
the area of im1
Parking /of. Area of 5,000 square feet or more, or with 15 or more parking spaces, and potentially exposed to urban
runoff
Sf!:eets, roa ds, highwars, and freeways. Any paved surface that is 5,000 square feet or greater used for the
of automobiles, trucks, motorcycles, and other vehicles transportation
X
X
X
X
10. Retail Gaso/i ne Outlets. Serving more than 100 vehicles per day and greater than 5,000 square feet
11.
12.
Coastal De~ elooment Zone. Any project located within 200 feet of the Pacific Ocean and (1) creates more than
eet of impervious surface or (2) increases impervious surface on property by more than 1 0%. 2500 square ~
More than 1· acre of disturbance. Project results in the disturbance of 1-acre or more of land and is considered a
rating Development Project4• Pollutant-gene
X
X
1 Environmentally S ensitive Areas include but are not limited to all Clean Water Act Section 303(d) impaired water bodies; areas designated as Areas of Special
nee by the State Water Resources Control Board r;Nater Quality Control Plan for the San Diego Basin (1994) and amendments); water bodies
RARE beneficial use by the State Watsr Resources Control Board r;Nater Quality Control Plan for the San Diego Basin (1994) and amendments);
preserves or their equivalent under the Multi Species Conservation Program within the Cities and County of San Diego; and any other equivalent
sitive areas which have been identified by the Coperrnittees.
Biological SignifiC8
designated with the
areas designated as
environmentally sen
2 "Directly adjacent" means situated within 200 feet of the Environmentally Sensitive Area.
3 "Discharging direct! y to" means outflow from a drainage conveyance system that is composed entirely of ftows from the subject development or redevelopment site, and
ftow from adjacent lands. not commingled with
4 Pollutant-generatin
that contributa to an
g Development Projects are those projects that generats pollutants at levels greater than background levels. In general, these include all projects
exceedance to an impaired water body or which create new impervious surfaces greater than 5000 square feet and/or introduce new landscaping
areas that require routine use of fertilizers and pesticides. In most cases linear pathway projects that are for infrequent vehicle use, such as emergency or maintsnance
trian or bicycle use, are not considered Pollutant-generating Development Projects if they are built with pervious surfaces or if they sheet flow to
surfaces.
access, or for pedes
surrounding pervious
INSTRUCTIONS:
~~li5!D 1 Rau Its:
If you answered Y ES to ANY of the questions above, your project is subject to Priority Development Project requirements. Skip Section 2 and
Section 3. Check the "meets PRIORITY DEVELOPMENT PROJECT requirements" box in Section 3. Additional storm water
apply per the SUSMP.
please proceed to
requirements will
If you answered N 0 to ALL of the questions above, then please proceed to Section 2 and follow the instructions.
E-34 Page 2 of3 REV 1/14/11
, .
«~ ~ CITY OF
CARLSBAD
STORM WATER
STANDARDS
QUESTIONNAIRE
E-34
you you you
Development Services
Land Development Engineering
1635 Faraday Avenue
760-602-2750
www.carlsbadca.gov
Development
PROJECT requirements. Please check the "meets PRIORilY DEVELOPMENT PROJECT requirements" box in Section 3 below. Review
SUSMP to find out if SUSMP requirements apply to your project envelope or the entire project site.
If you answered NO, then you ARE NOT a significant redevelopment and your project is subject to STANDARD STORMWATER
REQUIREMENTS. Please check the "does not meet PDP requirements" box in Section 3 below.
*for definition see 4 on page2
Iii My project meets PRIORITY DEVELOPMENT PROJECT (PDP) requirements and must comply with additional stormwater criteria
per the SUSMP and I understand I must prepare a Storm Water Management Plan for submittal at time of application. I understand
flow control (hydromodification) requirements may apply to my project. Refer to SUSMP for details.
0 My project does not meet PDP requirements and must only comply with STANDARD STORMWATER REQUIREMENTS per the
SUSMP lwill
Applicant lnfonnation and Signature Box
Address:
373/2375 Pio Pico
les
E-34
Assessor's Parcel Number(s):
156-351-03, 07 & 08
Applicant Title:
Partner
Date:
Page 3 of3
This Box for Cly Use Only
City Concurrence: I YES I NO
I I
By:
Date:
Project 10:
REV 1/14/11
_4~~ CITY OF
VcARLSBAD
Planning Division
tvlarch 21, 2012
I'V1iles Pacific, LP
Robert Miles
1.833 Buena Vista Way
Carlsbad, CA 92008
SUBJECT: PRE 12-05-MILES PACIFIC SUBDIVISION
APN: 156-351.03/07/08 .
www.carlsbadca.gov
Thank you for submitting a preliminary review for a 19 lot subdivision from three (3) existing lots on
property located at 2373 Pio Pico Drive. The project site, comprised of three lots totaling 5.37 acres in
a rea, currently has a single-family residence on one lot and agricultural activity on the other two lots.
In response to your application, the Planning Division has prepared this comment letter. Please note
that the purpose of a preliminary review is to provide you with direction and comments on the overall
concept of your project. This preliminary review does not represent an in-depth analysis of your
project. It is intended to give you feedback on critical issues based upon the information provided in
your submittal. This review is based upon the plans. policies. and standards in effect as of the date of
Jhls review. Please be aware that at the time of a formal application submittal. new plans. policies,
and standards may be in effect and additional issues of concern may be raised through a more specific
and detailed review.
Planning:
General
1. General Plan and zoning designations for the properties are as follows:
a. General Plan: Residential Low-Medium Density (RLM), 0-4 dwelling units per acre
(du/ac) with a Growth Management Control point (GMCP) of 3.2 du/ac; .
b. Zoning: Single-Family Residential (R-1-7,500) Zone.
c. The property is located within the boundaries of the Coastal Zone and is subject to the
Mello II Segment of the local Coastal Program. The Local Coastal Program Land Use &
Zoning designations are the same as the General Plan and Zoning above.
2. The project requires the following permits:
a. Tentative Tract Map (CT)-A Tract Map is required to subdivide the three lots into 17 single-
family residential lots and two drainage basin lots. The Planning Commission is the final
decision maker since the subdivision is 50 lots or less.
b. Coastal Development Permit (COP)-Required when development is proposed within the
Coastal Zone.
Sf;;•; _____________________________________ _
' · 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559
e PRE 12-05-MILES PACIFIC SUBDIVISION
March 212012
Page 2
3. The proposed project is subject to the One-Family Residential Zone (R-1) development
standards as described within Chapter 21.10 of the Carlsbad Municipal Code (C.M.C.). Pursuant
to C.M.C. Section 21.10.100, the minimum lot width in the R-1-7,500 zone shall be 60 feet as
measured at the 20 foot front yard setback. lot 3 appears to not meet this requirement. Please
demonstrate that all lots meet this requirement with the formal submittal by providing the
dimensions of the lot widths at the 20 foot setbacks.
4. The General Plan land Use designation for this site is RLM, which has a density range of 0-4
dwelling units/acre and a Growth Management Control Point (GMCP) of 3.2 dwelling units/acre.
The project site, at 5.37 gross acres yields a minimum of 17.18 dwelling units at the GMCP. The
project is proposing 17 lots (3.17 du/ac) which is 0.18 units below the GMCP. Per, Section
21.53.230 of the Carlsbad Municipal Code (CMC) Table A, fractional units below 0.5 shall be
rounded down; therefore findings for the project to develop at 3.17 dwelling units per acre can
be made for this project.
5. The City's lnclusionary Housing Ordinance requires that a minimum of 15% of all approved units
in any residential project be made affordable to lower income households. The inclusionary
housing requirement for the subdivision of the Mile Pacific Subdivision property into 17 lots is
three (3) units if provided on-site and three (3) units if provided off-site.
The lnclusionary Housing Ordinance states that whenever reasonably feasible, new inclusionary
units should be built on the residential development site. However, the Ordinance allows the
City Council to approve an alternative to construction of new units when it can be demonstrated
by the developer that the alternative supports specific housing policies and goals, and that these
goals would be better served by allowing some or all of the inclusionary units associated with
one project to be produced and operated at an alternative site(s).
Approval of an alternative to construction of new units shall be based on findings that new
construction would be infeasible or present unreasonable hardship in light of such factors as
project size, site constraints, market competition, price and product type disparity, developer
capability, and financial subsidies available. Per the Ordinance, alternatives may include, but are
not limited to, acquisition and rehabilitation of affordable units, conversion of existing market-
rate units to affordable units, construction of special needs housing projects or programs
(shelters, transitional housing, etc.), and the construction of second dwelling units. Any of the
aforementioned alternatives shall be subject to City Council approval.
6. There is a 20 foot reciprocal sewer easement which cuts across Lot 3. Please indicate if the
easement is being vacated, relocated, or to remain. If it is to remain demonstrate how lot 3
would site a residence on this encumbered lot.
7. Please submit a detailed soils testing and analysis report with formal submittal by a registered
soils engineer. TJ:!~-r~port should be submitted to the City and San Diego County Health
DepartiT)~[It for r.evi~w.-an(-approval: The ~eport shall evaluate the potential for soils
contamination due to the historic use, handling, and/or storage of agricultural chemicals
(Toxaphene was identified on a preliminary review submittal). The report should also identify
possible mitigation measures needed to remediate any significant public health impacts of
converting contaminated soils to residential use.
e PRE 12-05-MILES PACIFIC SUBDIVISION
March 21 2012
Page 3
8. Our records indicate that the property is identified by the State of California as "Unique
Farmland." With the submittal of a formal application please identify the total amount of
farmland that is being converted to non-agricultural uses. The conversions of these areas may
be consistent with the City of Carlsbad's General Plan but all resources must be identified for
California Environmental Quality Act (CEQA) determinations.
9. Staff has concerns over the proposed retaining walls and their locations. A small retaining wall
next to proposed Street "A" and meeting Pio Pico doesn't seem to be needed. Please revise and
eliminate if possible. Call out the types and materials for the retaining walls at the rear of the
property adjacent to the 1-5 freeway. Basin walls should be a type of plantable wall and should
blend in with the surroundings.
10. Submit a Noise Study describing the acoustical design features of the structures and/or
mitigation measures required to satisfy the exterior (60db(A) CNEL) and interior (45 db(A) CNEL)
noise standards. Additionally, identify on the plans how the mitigation measures of the noise
report have been incorporated into the project.
11. This preliminary review does not constitute a complete review of the proposed project and
additional items of concern may be identified upon formal project application submittal. Please
be advised that in order to make a more in-depth review of the proposed development, a more
complete design of the project is required.
All necessary application forms, submittal requirements, and fee information are available at the
Planning counter located in the Faraday Building at 1635 Faraday Avenue or on line at
www.carlsbadca.gov. You may also access the General Plan Land Use Element and the Zoning
Ordinance online at the website address shown; select Department Listing; select Planning Home Page.
Please review all information carefully before submitting.
Land Development Engineering:
Engineering Department staff has completed the review of the above referenced project. This
preliminary review does not constitute a complete review of the proposed project. Staff has identified
several items of concern. Additional items of concern may be identified upon formal project application
submittal. Prior to formal project submittal, it is suggested that the following items are adequately
addressed:
1. Complete a Storm Water Standards Questionnaire, form E-34 (see attached). The form is also
available on the City of Carlsbad web-site at:
http:ljwww.carlsbadca.gov/business/building/permitting-
process/pages/applications handouts.aspx
2. Our initial assessment, based on preliminary site plan provided by the applicant, indicates that
this project is a priority project. A preliminary Storm Water Management Plan (SWMP) will be
required. The SWMP must demonstrate compliance with latest City of Carlsbad Standard Urban
Stormwater Management Plan (SUSMP) for Treatment Control Best Management Practices
(TCBMP), Low Impact Development {LID) and Hydromodification Management Plan (HMP).
Please refer to Engineering Standard, Volume 4, Chapter 2 at:
http:ljwww.carlsbadca.gov/standards
e
PRE 12-05-MILES PACIFIC SUBDIVISION
March 21 2012
Page4
3. The preliminary SWMP report should include appropriate analysis and sizing calculations for
flow control and treatment control BMP facilities to satisfy hydromodification, water quality,
and LID requirements. Include a full size BMP map showing all proposed BMPs. An integrated
approach using the San Diego BMP sizing calculator by Brown and Caldwell will satisfy all
requirements for TCBMP, HMP and LID facilities and is available online. Go to
http:/ /www.projectcleanwater.org and click on the BMP sizing calculator.
4. The site plan shows lots "A" and "B" as retention/infiltration basins. Provide a preliminary soils
report that addresses the suitability of this proposed infiltration BMP. The soils report must
provide design recommendations for said facilities.
5. Provide a preliminary hydrology study that determines the development discharge flows, (water
quality flows, hydromodification flows and 100 year storm event flows). Provide preliminary
recommendations on the anticipated storm drain facilities required as part of the development.
6. Show typical pad grading and direction of drainage per city standard drawing GS-13. Show
driveway locations. Route pad drainage into the driveways and into the street through swales
around the pads. Revise some pad elevations so that they are high enough to drain into the
street.
7. Two proposed brow ditches along the northern and southern property boundary appear to
discharge concentrated flows into the adjacent properties. This design may have significant
impact downstream. Consider adding catch basins and routing the run-off into the proposed
bio-retention basins.
8. Where possible, eliminate proposed brow ditches by directing individual lot drainage into the
driveways and into the street per standard drawing GS-13 to avoid potential cross-lot drainage
conflicts between future property owners.
9. The outlet pipe of the proposed detention basins is shown connected to the existing brow ditch
located within Caltrans right of way. Determine and indicate on the plan the discharge (Q) and
the velocity (V) at this location. An energy dissipator and/or splash pad may be required.
Obtain approval from Caltrans for any work and structures proposed within Caltrans right-of-
way.
10. Please coordinate with Caltrans 1-5 North Coast Corridor Project. Make sure that there are no
conflicts between the proposed project and 1-5 widening project and show the proposed
widening on the site plan.
11. lots 2 and 13 do not meet the required 90 foot minimum lot depth per CMC 20.16.010 (8).
12. Replace Lot "A" with Lot 18 and lot "B" with lot 19 to be consistent with lots 1-17 lot
numbering.
13. Provide a 60 foot Irrevocable Offer of Dedication (IOD) for public road and utility purposes to
serve the adjacent property, APN 156-351-01.
14. Show sidewalk along streets "A" and "B" per engineering standard GS-18.
e PRE 12-05-MILES PACIFIC SUBDIVISION
March 212012
Page 5
15. Provide a Preliminary Title Report (PR) issued within 6 months of formal application submittal
will be required for the proposed project.
16. Project will be conditioned to process a quitclaim/vacation of the reciprocal sewer easement
document no. 2011-0042071.
17. Indicate proposed ADT (traffic), EDU's (sewer), GPM (potable water), and GPM (reclaimed
water) for this project.
18. A portion of the proposed Street "A" is within the existing SDG&E easement, Doc. No. 119603.
Obtain approval from SDG&E for this proposed design. The plan indicates that the existing
power pole will be removed. Are you proposing to vacate the existing easement as well? The
City will require a joint use agreement with SDG&E if the existing SDG&E easement is not
vacated.
19. On Sheet 2 of the site plan, please indicate the proposed private sewer line perMS 11-02 shall
be converted to public sewer line when the sewer line for this development is constructed.
20. Revise the proposed 10 foot wide private sewer easement shown on lot 3 to a proposed 20 foot
wide public sewer easement.
21. Please comply with engineering standard Chapter 6.2.C. Verify sewer depths and ensure that
the pads are high enough to provide a 5 foot cover for the sewer laterals at property line
locations.
22. Provide a sewer study to ensure the flow and velocity criteria per engineering standard Chapter
6.4.A & B are met. Field verify the actual invert elevation of the existing manhole at Forest
Drive.
23. Street "A" alignment does not meet Engineering Standards Chapter 3.3.D which requires 100
foot tangent between reversing curves. Please submit waiver request for consideration by the
city engineer.
24. Meet with the Fire Department to identify the necessary fire protection measures required for
this project (access, fire hydrants, sprinkler systems, etc.). All proposed fire hydrants must be
served by public water mains.
25. This preliminary review does not constitute a complete review of the proposed project and
additional items of concern may be identified upon formal project application submittal.
26. Please see additional comments on red-line plans and return redlines with formal submittal.
Fire Comments to follow under a separate cover.
PRE 12-05-MILES PACIFIC SU.VISION
March 21 2012
Page 6
If you would like to schedule a meeting to discuss this letter with the commenting departments, please
contact Dan Halverson at the number below. You may also contact each department individually as
follows:
•
•
•
Planning Division: Dan Halverson, Assistant Planner, at (760) 602-4631. /,
Land Development Engineering: Tecla Levy, Project Engineer, at (760) 602-2733 /
Fire Department: Greg Ryan, Fire Inspections, at (760) 602-4663 .
Sincerely,
CHRIS DeCERBO
Principal Planner
CD:DH:bd
c: Don Neu, City Planner
Chris DeCerbo, Principal Planner
Tecla Levy, Project Engineer
Greg Ryan, Fire Prevention
File Copy
Data Entry
.. e e
Chicago Title Company
Builders Services Division
2365 Northside Drive, Suite 500, San Diego, CA 92108 (619) 521-3400
Title Department:
Chicago Title Company
Attn: Tom Votel/Ken Cyr
Email: votelt@ctt.com & ken.cvr@ctt.com
Phone: (619) 521-3553 & (619) 521-3555
Fax: (619) 521-3608
Order No.: 930023983-U50
Customer:
Miles Pacific
Attn: Robert Miles
Email: robtmiles@adelphia.net
Phone: (760) 889-9011
Reference No.: Pio Pico
FIRST AMENDED PRELIMINARY REPORT
Property Address: APN:l56-351-03,07,08
Dated as of: January 30, 2012 at 7:30am
In response to the application for a policy of title insurance referenced herein, Chicago Title Company
hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies
of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring
against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred
to as an Exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions
and Stipulations or Conditions of said Policy forms.
The printed Exceptions and Exclusion from the coverage and Limitations on Covered Risks of said Policy
or Policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause.
When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters
shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the
parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title
Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain
coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are
available from the office which issued this report.
This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the
issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be
assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested.
The policy(s) of title insurance to be issued hereunder will be policy(s) of Chicago Title Insurance Company
Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in
Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with
notice of matters which are not covered under the terms of the title insurance policy and should be
carefully considered.
It is important to note that this preliminary report is not a written representation as to the condition of
title and may not list all liens, defects, and encumbrances affecting title to the land.
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY
CL T A Preliminary Report Form -Modified (11-17 -06)
Page I
e Order No.: 930023983-USO
SCHEDULE A
1. The estate or interest in the land hereinafter described or referred to covered by this report is:
A Fee as to Parcel(s) 1, 2 and 3
An Easement more fully described below as to Parcel(s) 4 and 5
2. Title to said estate or interest at the date hereof is vested in:
Miles Pacific Limited Partnership, as to Parcels 1 and 2 and Miles Pacific Limited Partnership, a
California limited partnership, as to Parcels 3, 4 and 5
3. The land referred to in this report is situated in the State of California, County of San Diego and is
described in the Legal Description, attached hereto:
END OF SCHEDULE A
CLTA Preliminary Report Form-Modified (11-17-06)
Page2
e Order No.: 930023983-USO
LEGAL DESCRIPTION
PARCEL 1:
THE SOUTHERLY 140 FEET OF THE EASTERLY 382 FEET OF THAT PORTION OF TRACT 7 OF
LAGUNA MESA TRACT, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1719, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 20, 1921, MORE PARTICULARLY
DESCRffiED AS FOLLOWS:
COMMENCING AT A CONCRETE MONUMENT MARKING THE SOUTHWEST CORNER OF
SAID TRACT 7; THENCE ALONG THE WESTERLY LINE OF SAID TRACT 7, NORTH 0° 02'
WEST A DISTANCE OF 603.37 FEET TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING ALONG AFOREMENTIONED WESTERLY LINE OF SAID TRACT 7, NORTH 0° 02'
WEST A DISTANCE OF 301.87 FEET TO THE NORTHWEST CORNER OF THE LAND
CONVEYED TO JOSEPH N. BRADFORD AND LAURA F. BRADFORD, BY DEED DATED
FEBRUARY 18, 1929 AND RECORDED IN BOOK 1601. PAGE 263 OF DEEDS OF SAN DIEGO
COUNTY; THENCE NORTH 89° 58' EAST ALONG THE NORTHERLY LINE OF SAID
BRADFORD'S LAND A DISTANCE OF 146.10 FEET TO AN ANGLE POINT THEREIN; THENCE
LEAVING SAID NORTHERLY LINE, NORTH 89° 45' 45" EAST A DISTANCE OF 521.52 FEET TO
A POINT; SAID POINT BEING ON THE WESTERLY LINE OF OLIVE DRIVE; THENCE ALONG
THE WESTERLY LINE OF OLIVE DRIVE, SOUTH 0° 02' EAST A DISTANCE OF 302.80 FEET;
MORE OR LESS, TO AN INTERSECTION WITH A LINE THAT BEARS SOUTH 89° 59' EAST
FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 89° 59' WEST A DISTANCE OF
667.62 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL2:
THAT PORTION OF TRACT 7 OF LAGUNA MESA TRACT, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1719,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 20, 1921,
DESCRffiED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID TRACT; THENCE ALONG THE
WESTERLY LINE OF SAID TRACT 7, NORTH 0° 02' 00" WEST, 486.67 FEET TO THE
NORTHEASTERLY LINE OF THAT PORTION OF CALIFORNIA STATE HIGHWAY 11-SD-5
(INTERSTATE 5) AS DESCRffiED IN DEED TO THE STATE OF CALIFORNIA RECORDED JULY
15. 1969 AS FILE NO. 126759 OFFICIAL RECORDS; THENCE CONTINUING ALONG SAID
WESTERLY LINE NORTH 0° 02' 00" WEST, 208.70 FEET TO THE NORTHWESTERLY CORNER
OF LAND DESCRffiED IN DEED TO HAROLD M. ENGELMANN, ET UX, RECORDED JUNE 21,
1964 AS FILE NO. 112394 OFFICIAL RECORDS; AND BEING THE TRUE POINT OF
BEGINNING; THENCE NORTH 89° 58' 00" EAST 285.62 FEET TO THE WESTERLY LINE OF THE
EASTERLY 382.00 FEET OF SAID TRACT 7; THENCE SOUTH oo 02' 00" EAST, 92.00 FEET
ALONG SAID WESTERLY LINE; THENCE SOUTH 89° 58' 00" WEST.285.51 FEET TO THE
WESTERLY LINE OF SAID TRACT 7; THENCE NORTH 0° 02' 00" WEST, 92.00 FEET TO THE
TRUE POINT OF BEGINNING.
CLTA Preliminary Report Form-Modified (11-17-06)
Page 3
PARCEL3:
LEGAL DESCRIPTION
(continued)
e Order No.: 930023983-USO
THAT PORTION OF TRACT 7 OF LAGUNA MESA TRACTS, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1719,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 20, 1921,
DESCRffiED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID TRACT 7; THENCE ALONG THE
WESTERLY LINE OF SAID TRACT 7, NORTH 0°02'00" WEST, 301.68 FEET TO THE TRUE
POINT OF BEGINNING; THENCE CONTINUING ALONG THE WESTERLY LINE OF SAID
TRACT 7, NORTH 0°02' WEST, A DISTANCE OF 301.69 FEET TO THE SOUTHWESTERLY
CORNER OF THAT PORTION OF TRACT 7 AS CONVEYED BY THE SOUTH COAST LAND
COMPANY TO JOSEPH H. BRADFORD AND LAURA F. BRADFORD BY DEED DATED
FEBRUARY 19, 1929 AND RECORDED IN BOOK 1601. PAGE 263 OF DEEDS, RECORDS OF SAN
DIEGO COUNTY, THENCE ALONG THE SOUTHERLY LINE OF THE BRADFORD LAND AND
ITS EASTERLY PROLONGATION, SOUTH 89°59' EAST A DISTANCE OF 687.82 FEET TO A
POINT ON THE CENTER LINE OF OLIVE DRIVE; THENCE ALONG THE SAID CENTER LINE
OF OLIVE DRIVE, SOUTH 0 02' EAST A DISTANCE OF 301.69 FEET; THENCE NORTH 89 59'
WEST, 687.62 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM ALL THAT PORTION OF TRACT 7 OF LAGUNA MESA TRACTS
ACCORDING TO MAP THEREOF NO. 1719 FILED IN THE OFFICE OF THE RECORDER OF SAN
DIEGO COUNTY, JUNE 20, 1921, DESCRmED AS FOLLOWS:
COMMENCING AT THE CONCRETE MONUMENT MARKING THE SOUTHWEST CORNER OF
SAID TRACT 7; THENCE ALONG THE WESTERLY LINE OF TRACT 7 NORTH 0°02' WEST
603.37 FEET TO THE SOUTHWEST CORNER OF LAND CONVEYED TO JOSEPH H. BRADFORD
AND WIFE BY DEED DATED FEBRUARY 19, 1929, AND RECORDED IN BOOK 1601. PAGE 263
OF DEEDS; THENCE ALONG THE SOUTHERLY LINE OF SAID LAND AND ALONG THE
EASTERLY PROLONGATION OF SAID SOUTHERLY LINE SOUTH 89°59' EAST 687.82 FEET TO
A POINT ON THE CENTER LINE OF OLIVE DRIVE, BEING THE TRUE POINT OF BEGINNING;
THENCE RETRACING NORTH 89°59' WEST 129 FEET; THENCE SOUTH 0°02' EAST PARALLEL
WITH THE CENTER LINE OF SAID OLIVE DRIVE 100 FEET; THENCE SOUTH 89°59' EAST 129
FEET TO SAID CENTER LINE; THENCE NORTH 0°02' WEST ALONG SAID CENTER LINE 100
FEET TO THE TRUE POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM
THAT PORTION OF TRACT 7 IN LAGUNA MESA TRACT, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 1719, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 20, 1921,
DESCRffiED AS FOLLOWS:
CLTA Preliminary Report Form· Modified (11-17-06)
Page4
LEGAL DESCRIPTION
(continued)
e Order No.: 930023983-USO
COMMENCING AT THE CONCRETE MONUMENT MARKING THE SOUTHWESTERLY
CORNER OF SAID TRACT 7; THENCE ALONG THE WESTERLY LINE OF SAID TRACT 7,
NORTH 0°02' WEST 603.37 FEET TO THE SOUTHWESTERLY CORNER OF THE LAND
DESCRffiED IN DEED TO JOSEPH H. BRADFORD, ET UX, RECORDED MARCH 21, 1929 IN
BOOK 1601, PAGE 263 OF DEEDS; THENCE ALONG THE SOUTHERLY LINE OF SAID LAND
AND THE EASTERLY PROLONGATION THEREOF SOUTH 89°59' EAST 687.82 FEET TO THE
CENTER LINE OF OLIVE DRIVE; THENCE ALONG SAID CENTER LINE SOUTH 0°02' EAST
100.00 FEET TO THE TRUE POINT OF BEGINNING; SAID POINT BEING THE
SOUTHEASTERLY CORNER OF THE LAND DESCRmED IN DEED TO RALPH F. WALTON, ET
UX, RECORDED AUGUST 26, 1957 IN BOOK 6723, PAGE 294 OF OFFICIAL RECORDS; THENCE
ALONG THE SOUTHERLY LINE OF SAID WALTON LAND NORTH 89°59' WEST 129.00 FEET;
THENCE SOUTH 0°02' EAST 90.00 FEET; THENCE SOUTH 89 59' EAST 129.00 FEET TO THE
CENTER LINE OF SAID OLIVE DRIVE; THENCE ALONG SAID CENTER LINE NORTH 0°02'
WEST 90.00 FEET TO THE TRUE POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM
THAT PORTION OF TRACT 7 OF LAGUNA MESA TRACT, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1719,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 20, 1921
DESCRmED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT 7, BEING ALSO A POINT ON
THE WESTERLY LINE OF PIO PICO DRIVE (FORMERLY OLIVE DRIVE) AS SHOWN ON SAID
MAP NO. 1719; THENCE ALONG THE EASTERLY LINE OF SAID TRACT NO. 7, NORTH
0°02'00" WEST 301.68 FEET TO THE SOUTHERLY LINE OF LAND DESCRmED IN DEED TO
FLORENCE B. ENGELMANN RECORDED NOVEMBER 7, 1949 AS FILE NO. 102564 IN BOOK
3376, PAGE 443 OF OFFICIAL RECORDS AND BEING THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID EASTERLY LINE NORTH 0°02'00" WEST, 111.95 FEET
TO THE SOUTHERLY LINE OF LAND DESCRmED IN DEED TO JOSEPHINE L. BOOKER,
RECORDED JULY 9, 1959 IN BOOK 7761, PAGE 127 OF OFFICIAL RECORDS; THENCE ALONG
THE SOUTHERLY LINE OF SAID LAND NORTH 89°59'00" WEST, 109.00 FEET TO THE
SOUTHERLY PROLONGATION OF THE WESTERLY LINE OF LAND DESCRffiED IN DEED TO
JENEVIEVE E. SMITH, RECORDED APRIL 24, 1957 IN BOOK 6548, PAGE 488 OF OFFICIAL
RECORDS; THENCE ALONG SAID PROLONGATION SOUTH 0°02'00" EAST, 111.89 FEET TO
THE SOUTHERLY LINE OF SAID ENGELMANN'S LAND; THENCE ALONG SAID SOUTHERLY
LINE SOUTH 89°57'05" EAST (RECORD SOUTH 89°59'00" EAST) 109.00 FEET TO THE TRUE
POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM THAT PORTION LYING WITHIN PIO PICO DRIVE
(FORMERLY OLIVE DRIVE) AS SHOWN ON SAID MAP NO. 1719.
ALSO EXCEPTING THEREFROM
THAT PORTION OF TRACT 7 OF LAGUNA MESA TRACTS, ACCORDING TO MAP THEREOF
NO. 1719, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
JUNE 20, 1921, AS DESCRffiED IN DEED TO FLORENCE B. ENGELMANN, RECORDED
NOVEMBER 7, 1949 AS FILE NO. 102564, BOOK 3376, PAGE 443 OF OFFICIAL RECORDS,
LYING SOUTHWESTERLY OF THE FOLLOWING DESCRffiED LINE:
CLTA Preliminary Report Form-Modified (11-17-06)
Page 5
LEGAL DESCRIPTION
(continued)
e Order No.: 930023983-USO
BEGINNING AT A POINT ON THE SOUTHERLY LINE OF TRACT 7 OF SAID LAGUNA MESA
TRACTS, DISTANT ALONG SAID SOUTHERLY LINE NORTH 89°25'51" WEST, 309.05 FEET
FROM THE SOUTHEASTERLY CORNER OF SAID TRACT 7; THENCE (1) NORTH 37°42'51"
WEST, 256.85 FEET; THENCE (2) NORTH 34°26'53" WEST, 711.99 FEET; THENCE (3) NORTH
45°08'48" EAST, 31.23 FEET; THENCE (4) NORTH 53°50'40" EAST, 115.93 FEET; THENCE (5)
NORTH 39°07'41" EAST, 128.60 FEET TO THE SOUTHERLY LINE OF COUNTY ROAD SURVEY
NO. 843; THENCE (6) NORTH 23°03'34" WEST, 30.00 FEET TO A POINT ON THE CENTERLINE
OF SAID COUNTY ROAD SURVEY, DISTANT ALONG SAID CENTERLINE SOUTH 66°56'26"
WEST, 28.07 FEET FROM THE INTERSECTION OF SAID CENTERLINE WITH THE EASTERLY
LINE OF TRACT 2 OF SAID LAGUNA MESA TRACTS.
PARCEL4:
AN EASEMENT AND RIGHT OF WAY FOR PRIVATE ROAD PURPOSES OVER A STRIP OF
LAND 15.00 FEET IN WIDTH LYING WITHIN TRACT 7 OF LAGUNA MESA TRACTS, IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
MAP THEREOF NO. 1719 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, JUNE 20, 1921, THE NORTHERLY LINE OF SAID STRIP BEING DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF PARCEL 1 HEREINABOVE DESCRffiED,
BEING THE NORTHWEST CORNER OF LAND DESCRffiED IN DEED TO JENEVIEVE E. SMITH,
RECORDED APRIL 24, 1957 IN BOOK 6548, PAGE 488 OF OFFICIAL RECORDS; THENCE
ALONG THE NORTHERLY LINE OF SAID SMITH'S LAND, SOUTH 89 59'00" EAST, 109.00 FEET
TO THE WESTERLY LINE OF PIO PICO DRIVE (FORMERLY OLIVE DRIVE) AS SHOWN ON
SAIDMAPNO. 1719.
PARCEL 5:
AN EASEMENT AND RIGHT OF WAY FOR PRIVATE WATER PIPE LINE PURPOSES OVER A
STRIP OF LAND 6.00 FEET IN WIDTH LYING WITHIN TRACT 7 OF LAGUNA MESA TRACTS,
IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 1719, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, JUNE 20, 1921, THE EASTERLY LINE OF SAID STRIP
BEING DESCRffiED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF PARCEL 2 HEREINABOVE DESCRffiED,
BEING A POINT ON THE EASTERLY LINE OF SAID TRACT 7; THENCE ALONG THE
EASTERLY LINE OF SAID TRACT 7, SOUTH 0°02'00" EAST, 100.00 FEET TO THE SOUTHERLY
LINE OF LAND DESCRffiED IN DEED TO JENEVIEVE E. SMITH, RECORDED APRIL 24, 1957
IN BOOK 6548, PAGE 488 OF OFFICIAL RECORDS
END OF LEGAL DESCRIPTION
CLTA Preliminary Report Form-Modified (11-17-06)
Page 6
e Order No.: 930023983-USO
SCHEDULEB
At the date hereof, items to be considered and exceptions to coverage m addition to the printed
Exceptions and Exclusions in said policy form would be as follows:
THE FOLLOWING MATTERS AFFECT PARCELS 1 AND 2
1. Property taxes, including any assessments collected with taxes, for the fiscal year 2012 -2013 that
are a lien not yet due.
2. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5
(commencing with Section 75) of the revenue and taxation code of the State of California
3. Water rights, claims or title to water, whether or not shown by the public records.
4. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted To:
Purpose:
Recorded:
Affects:
San Diego Gas and Electric Company
public utilities, ingress, egress
June 6, 1966 as Instrument No. 92979 of Official Records
The Easterly 8.00 feet of Parcel 1
5. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted To:
Purpose:
Recorded:
Affects:
Affects Parcel 1
San Diego Gas and Electric Company
public utilities, ingress, egress
July 22, 1966 as Instrument No. 119604 of Official Records
The route thereof affects a portion of said land and is more fully
described in said document.
6. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other matters
shown on
Map: Record of Survey No. 14508
Recorded: April14, 1994 as Instrument No. 94-247438 of Official Records
7. A Deed of Trust to secure an indebtedness in the original amount shown below.
Amount:
Dated:
Trustor:
Trustee:
Beneficiary:
Loan Number:
Recorded:
$172,784.72
July 17, 1996
Miles Pacific Limited Partnership
Capital Bank of North County
Capital Bank of North County
Not shown
July 31, 1996 as Instrument No. 96-0386676 of Official Records
CLTA Preliminary Report Form-Modified (11-17-06)
Page 7
SCHEDULED
(continued)
e Order No.: 930023983-U50
8. A document subject to all the terms, provisions and conditions therein contained.
Entitled:
Recorded:
Agreement of Reciprocal Sewer Easement
January 24, 2011 as Instrument No. 2011-0042671 of Official
Records
Reference is hereby made to said document for full particulars.
THE FOLLOWING MATTERS AFFECTS PARCELS 3, 4 AND 5
9. Property taxes, including any assessments collected with taxes, for the fiscal year 20 12 -2013 that
are a lien not yet due.
10. The lien of supplemental taxes, if any, assessed pursuant to the provlSlons of Chapter 3.5
(commencing with Section 75) of the revenue and taxation code of the State of California
11. Water rights, claims or title to water, whether or not shown by the public records.
12. Easements for ingress and egress, pipelines, drainage and/or public utilities and incidental purposes
thereto over, under, along and across the easement parcel(s) herein described, as granted and/or
reserved in various deeds of record
Affects: Parcels 4 and 5
13. The fact that the ownership of said land does not include rights of access to or from the street,
highway, or freeway abutting said land, such rights having been severed from said land by the
document.
Recorded:
Affects:
November 5, 1951 in Book 4281. page 472 and July 15, 1969 as
Instrument No. 126759, both of Official Records
Interstate 5 Adjacent thereto
14. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
Granted To:
Purpose:
Recorded:
Affects:
San Diego Gas and Electric Company
public utilities, ingress, egress
July 22, 1966 as Instrument No. 119603 of Official Records
The route thereof affects a portion of said land and is more fully
described in said document.
15. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other matters
shown on
Map: Record of Survey No. 14508
Recorded: April 14, 1994 as Instrument No. 94-24 7438 of Official Records
CLT A Preliminary Report Form-Modified (11-17-06)
Page 8
SCHEDULEB
(continued)
e Order No.: 930023983-USO
16. A document subject to all the terms, provisions and conditions therein contained.
Entitled:
Recorded:
Agreement of Reciprocal Sewer Easement
Januarv 24, 2011 as Instrument No. 2011-0042671 of Official
Records
Reference is hereby made to said document for full particulars.
THE FOLLOWING MATTERS AFFECTS ALL PARCELS
17. Matters which may be disclosed by an inspection and/or by a correct ALTAI ACSM Land Title
Survey of said land that is satisfactory to this Company, and/or by inquiry of the parties in
possession thereof.
This office must be notified at least 7 business days prior to the scheduled closing in order to
arrange for an inspection of the land; upon completion of this inspection you will be notified of the
removal of specific coverage exceptions and/or additional exceptions to coverage.
18. Any rights of parties in possession of said land, based on any unrecorded lease, or leases.
This Company will require a full copy of any unrecorded lease, together with all supplements,
assignments, and amendments for review.
END OF SCHEDULE B
CL T A Preliminary Report Form -Modified (11-17 -06)
Page 9
e Order No.: 930023983-USO
INFORMATIONAL NOTES
Note No. 1: The policy of title insurance will include an arbitration provision. The Company or the
insured may demand arbitration. Arbitrable matters may include, but are not limited to, any
controversy or claim between the Company and the insured arising out of or relating to this policy,
any service of the Company in connection with its issuance or the breach of a policy provision or
other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued
if you wish to review the arbitration provisions and any other provisions pertaining to your Title
Insurance coverage.
Note No. 2: The policy to be issued may contain an arbitration clause. When the Amount of
Insurance is less than the amount, if any, set forth in the arbitration clause, all arbitrable matters
shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the
parties.
Note No. 3: Your open order request indicates that a Limited Partnership will be acquiring,
encumbering or conveying real property in your transaction. Under the provisions of "the
California Revised Limited Partnership Act", effective July 1, 1984, the following will be required:
1. A certificate, in conformity with the new act, must be filed with the Secretary of State and a
certified copy thereof recorded in the office of the County Recorder.
2. The requirement that this company be furnished with a complete copy of the Limited
Partnership agreement and any amendments thereto for our review, at least two weeks prior
to closing.
3. If the Limited Partnership was formed outside of the State of California, please contact the
Title Officer for our requirements.
Note No.4: Property taxes, for the fiscal year 2011 -2012 are paid. For information purposes the
amounts are:
1st Installment:
2nd Installment:
Exemption:
Code Area:
Assessors Parcel Number:
$390.99 Paid
$390.99 Paid
$None
09000
156-351-03-00
Property taxes, for the fiscal year 2011 -2012 are paid. For information purposes the amounts are:
1st Installment:
2nd Installment:
Exemption:
Code Area:
Assessors Parcel Number:
$1,380.50 Paid
$1,380.50 Paid
$None
09000
156-351-07-00
CLTA Preliminary Report Form-Modified (11-17-06)
Page 10
INFORMATIONAL NOTES
(continued)
e Order No.: 930023983-USO
Property taxes, for the fiscal year 2011 -2012 are paid. For information purposes the amounts are:
1 st Installment:
2"d Installment:
Exemption:
Code Area:
Assessors Parcel Number:
GP
$3,278.18 Paid
$3,278.18 Paid
$None
09000
156-351-08-00
CL T A Preliminary Report Form -Modified ( 11-17-06)
Page II
INFORMATIONAL NOTES
(continued)
ATTACHMENT ONE
PRIVACY STATEMENT
IMPORT ANT INFORMATION:
e Order No.: 930023983-USO
For those of you receiving this report by electronic delivery the Privacy Statement and Exclusions
From Coverage are linked to this report. Please review this information by selecting the link. For
those of you who are receiving a hard copy of this report, a copy of this information bas been
submitted for your review.
CL T A Preliminary Report Form -Modified ( 11-17-06)
Page 12
cHAGo TITLE INSURANCE COMP.Y
Fidelity National Financial Group of Companies' Privacy Statement
July 1, 2001
We recognize and respect the privacy of today's consumers and the requirements of applicable federal and state privacy laws.
We believe that making you aware of how we use your non-public personal information ("Personal Information"), and to
whom it is disclosed, will form the basis for a relationship of trust between us and the public that we serve. This Privacy
Statement provides that explanation. We reserve the right to change this Privacy Statement from time to time consistent with
applicable privacy laws.
In the course of our business, we may collect Personal Information about you from the following sources:
• From applications or other forms we receive from you or your authorized representative;
• From your transactions with, or from the services being performed by, us, our affiliates or others;
• From our Internet web sites;
• From the public records maintained by government entities that we wither obtain directly from those entities, or
from our affiliates or others; and
• From consumer or other reporting agencies
Our Policies Regarding The Protection Of The Confidentiality And Security Of Your Personal Information
We maintain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized access or
intrusion. We limit access to the Personal Information only to those employees who need such access in connection with
providing products or services to you or for other legitimate business purposes.
Our Policies and Practices Regarding the Sharing of Your Personal Information
We may share your Personal Information with our affiliates, such as insurance companies, agents, and other real estate
settlement service providers. We may also disclose your Personal Information:
• to agents, brokers or representatives to provide you with services you have requested;
• to third-party contractors or service providers who provide services or perform marketing or other functions on our
behalf; and
• to others with whom we enter into joint marketing agreements for products or services that we believe you may fmd
of interest.
In addition, we will disclose your Personal Information when your direct or give us permission, when we are required by law to
do so, or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise
permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any
agreement, transaction or relationship with you.
One of the important responsibilities of some of our affiliated companies is to record documents in the public domain. Such
documents may contain your Personal Information.
Right To Access Your Personal Information And Ability To Correct Errors Or Request Change Or Deletion
Certain states afford you the right to access your Personal Information and, under certain circumstances, to find out to whom
your Personal Information has been disclosed. Also, certain states afford you the right to request correction, amendment or
deletion of your Personal Information. We reserve the right, where permitted by law, to charge a reasonable fee to cover the
costs incurred in responding to such requests.
All requests must be made in writing to the following address:
Multiple Products or Services:
Privacy Compliance Officer
Fidelity National Financial, Inc.
60 I Riverside Drive
Jacksonville, FL 32204
If we provide you with more than one financial product or service, you may receive more that one privacy notice from us. We
apologize for any inconvenience this may cause you.
Privacy Statement (10-21-03)
ATTACHMENT ONE
AMERICAN LAND TITLE ASSOCIATION
RESIDENTIAL TITLE INSURANCE POLICY (6-1-87)
EXCLUSIONS
In addition to the Exceptions in Schedule B. you are not insured against loss.
costs. attorneys' fees. and expenses resulting from:
I. Governmental police power. and the existence or violation of any law
or government regulation. This includes building and zoning
ordinances and also laws and regulations concerning:
land use
improvements on the land
land division
environmental protection
This exclusion does not apply to violations or the enforcement of these
matters which appear in the public records at Policy Date.
This exclusion does not limit the zoning coverage described in Items 12 and
13 of Covered Title Risks.
2. The right to take the land by condemning it. unless:
a notice of exercising the right appears in the public records on
the Policy Date
the taking happened prior to the Policy Date and is binding on
you if you bought the land without knowing of the taking
3.
4.
5.
Title Risks:
that are created. allowed. or agreed to by you
that are known to you. but not to us. on the Policy Date -unless
they appeared in the public records
that result in no loss to you
that first affect your title after the Policy Date -this does not limit
the labor and material lien coverage in Item 8 of Covered Title
Risks
Failure to pay value for your title.
Lack of a right:
to any land outside the area specifically described and referred to
in Item 3 of Schedule A
OR
in streets. alleys. or waterways that touch your land
This exclusion does not limit the access coverage in Item 5 of Covered Title
Risks.
In addition to the Exclusions you are not insured against loss, costs, attorneys' fees. and the expenses resulting from:
I. Any right, interests. or claims of parties in possession of the land not 3. Any facts about the land which a correct survey would disclose and
2.
shown by the public records. which are not shown by the public records. This does not limit the
Any easements or liens not shown by the public records. This does not
limit the lien coverage in Item 8 of Covered Title Risks. 4.
forced removal coverage in Item 12 of Covered Title Risks.
Any water rights or claims or title to water in or under the land.
whether or not shown by the public records.
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this
policy and the Company will not pay loss or damage. costs. attorneys' fees
or expenses which arise by reason of:
(a) whether or not recorded in the public records at Date of Policy,
but created, suffered, assumed or agreed to by the insured
claimant;
I.
2.
3.
(a) Any law. ordinance or governmental regulation (including but not
limited to building or zoning laws. ordinances. or regulations)
restricting, regulating, prohibiting or relating (i) the occupancy.
use, or enjoyment of the land; (ii) the character, dimensions or
location of any improvement now or hereafter erected on the
land: (iii) a separation in ownership or a change in the dimensions
or area of the land or any parcel of which the land is or was a
part; or (iv) environmental protection. or the effect of any
violation of these laws, ordinances or governmental regulations.
except to the extent that a notice of the enforcement thereof or a
notice of a defect, lien. or encumbrance resulting from a violation
or alleged violation affecting the land has been recorded in the
public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above,
except to the extent that a notice of the exercise thereof or notice
of a defect. lien or encumbrance resulting from a violation or
alleged violation affecting the land has been recorded in the
public records at Date of Policy.
Rights of eminent domain unless notice of the exercise thereof has
beert recorded in the public records at Date of Policy. but not
excluding from coverage any taking which has occurred prior to Date
of Policy which would be binding on the rights of a purchaser for
value without knowledge.
Defects. liens. encumbrances. adverse claims or other matters:
4.
5.
6.
(b) not known to the Company, not recorded in the public records at
Date of Policy. but known to the insured claimant and not
disclosed in writing to the Company by the insured claimant prior
to the date the insured claimant became an insured under this
policy:
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained
if the insured claimant had paid value for the insured mortgage or
for the estate or interest insured by this policy.
Unenforceability of the lien of the insured mortgage because of the
inability or failure of the insured at Date of Policy, or the inability or
failure of any subsequent owner of the indebtedness. to comply with
the applicable doing business laws of the state in which the land is
situated.
Invalidity or unenforceability of the lien of the insured mortgage. or
claim thereof. which arises out of the transaction evidenced by the
insured mortgage and is based upon usury or any consumer Credit
protection or truth in lending law.
Any claim. which arises out of the transaction vesting in the insured
the estate of interest insured by this policy or the transaction creating
the interest of the insured lender, by reason of the operation of federal
bankruptcy. state insolvency or similar creditors' rights laws.
SCHEDULE 8, PART I
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs. attorneys' fees or expenses) which arise by reason of:
1. Taxes or assessments which are not shown as existing liens by the 3. Easements. liens or encumbrances. or claims thereof which are not
2.
records of any taxing authority that levies taxes or assessments on real shown by the public records.
property or by the public records. Proceedings by a public agency 4. Discrepancies. conflicts in boundary lines. shortage in area.
which may result in taxes or assessments. or notices of such encroachments. or any other facts which a correct survey would
proceedings. whether or not shown by the records of such agency or disclose. and which are not shown by the public records.
by the public records.
Any facts, rights. interests, or claims which are not shown by the
public records but which could be ascertained by an inspection of the
land or which may be asserted by persons in possession thereof.
5. (a) Unpatented mining claims: (b) reservations or exceptions in
patents or in Acts authorizing the issuance thereof; (c) water rights.
claims or title to water, whether or not the matters excepted under (a).
(b) or (c) are shown by the public records.
Attachment One (11-17-06)
Page 14
ATTACHMENT ONE
(CONTINUED)
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92)
WITH ALTA ENDORSEMENT-FORM 1 COVERAGE
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this
policy and the Company will not pay loss or damage. costs. attorneys' fees
or expenses which arise by reason of:
to the extent insurance is afforded herein as to assessments for
street improvements under construction or completed at Date of
Policy): or
I. (a) Any law. ordinance or governmental regulation (including but not (e) resulting in loss or damage which would not have been sustained
2.
3.
limited to building and zoning laws. ordinances, or regulations)
restricting. regulating. prohibiting or relating to (i) the occupancy.
use. or enjoyment of the land: (ii) the character. dimensions or
location of any improvement now or hereafter erected on the
land: (iii) a separation in ownership or a change in the dimensions
or area of the land or any parcel of which the land is or was a
part: or (iv) environmental protection. or the effect of any
violation of these laws. ordinances or governmental regulations.
except to the extent that a notice of the enforcement thereof or a
notice of a defect, lien or encumbrance resulting from a violation
or alleged violation affecting the land has been recorded in the
public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above,
except to the extent that a notice of the exercise thereof or a
notice of a defect, lien or encumbrance resulting from a violation
or alleged violation affecting the land has been recorded in the
public records at Date of Policy.
Rights of eminent domain unless notice of the exercise thereof has
been recorded in the public records at Date of Policy, but not
excluding from coverage any taking which has occurred prior to Date
of Policy which would be binding on the rights of a purchaser for
value without knowledge.
Defects. liens, encumbrances, adverse claims or other matters:
(a) created. suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at
Date of Policy, but known to the insured claimant and not
disclosed in writing to the Company by the insured claimant prior
to the date the insured claimant became an insured under this
policy;
(c) resulting in no loss or damage to the insured claimant:
(d) attaching or created subsequent to Date of Policy (except to the
extent that this policy insures the priority of the lien of the insured
mortgage over any statutory lien for services. labor or material or
4.
5.
6.
7.
if the insured claimant had paid value for the insured mortgage.
Unenforceability of the lien of the insured mortgage because of the
inability or failure of the insured at Date of Policy, or the inability or
failure of any subsequent owner of the indebtedness. to comply with
applicable doing business laws of the state in which the land is
situated.
Invalidity or unenforceability of the lien of the insured mortgage, or
claim thereof. which arises out of the trnnsaction evidenced by the
insured mortgage and is based upon usury or any consumer credit
protection or truth in lending law.
Any statutory lien for services, labor or materials (or the claim of
priority of any statutory lien for services, labor or materials over the
lien of the insured mortgage) arising from an improvement or work
related to the land which is contrncted for and commenced subsequent
to Date of Policy and is not financed in whole or in part by proceeds
of the indebtedness secured by the insured mortgage which at Date of
Policy the insured has advanced or is obligated to advance.
Any claim. which arises out of the transaction creating the interest of
the mortgagee insured by this policy, by reason of the operation of
federal bankruptcy, state insolvency, or similar creditors' rights laws.
that is based on:
(i) the trnnsaction creating the interest of the insured mortgagee
being deemed a fraudulent conveyance or fraudulent trnnsfer: or
(ii) the subordination of the interest of the insured mortgagee as a
result of the application of the doctrine or equitable
subordination: or
(iii) the trnnsaction creating the interest of the insured mortgagee
being deemed a preferential trnnsfer except where the preferential
trnnsfer results from the failure:
(a) to timely record the instrument oftrnnsfer; or
(b) of such recordation to impart notice to a purchaser for value
or a judgment or lien creditor.
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions
from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs. attorneys' fees or expenses) which arise by reason of:
I. TaJ<es or assessments which are not shown as existing liens by the 3. Easements, liens or encumbrances. or claims thereof, which are not
2.
records of any taxing authority that levies taxes or assessments on real shown by the public records.
property or by the public records. Proceedings by a public agency 4. Discrepancies, conflicts in boundary lines, shortage in area.
which may result in taxes or assessments, or notices of such encroachments. or any other facts which a correct survey would
proceedings, whether or not shown by the records of such agency or disclose, and which are not shown by the public records.
by the public records.
Any facts. rights. interests or claims which are not shown by the
public records but which could he ascertained by an inspection of the
land or which may he asserted by persons in possession thereof.
5. (a) Unpatented mining claims; (b) reservations or exceptions in
patents or in Acts authorizing the issuance thereof; (c) water rights,
claims or title to water. whether or not the matters excepted under (a).
(b) or (c) are shown by the public records.
2006 ALTA LOAN POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this
policy, and the Company will not pay loss or damage. costs. attorneys' fees,
or expenses that arise by reason of: 2.
(b) Any governmental police power. This Exclusion I (b) does not
modi!)-or limit the coverage provided under Covered Risk 6.
Rights of eminent domain. This Exclusion does not modi!)-or limit
the coverage provided under Covered Risk 7 or 8. I. (a) Any law. ordinance, permit. or governmental regulation
(including those relating to building and zoning) restricting,
regulating, prohibiting, or relating to
(i) the occupancy. use. or enjoyment of the Land:
(ii) the character, dimensions, or location of any improvement
erected on the Land;
(iii) the subdivision ofland: or
(iv) environmental protection:
or the effect of any violation of these laws, ordinances. or
governmental regulations. This Exclusion l(a) does not modizy
or limit the coverage provided under Covered Risk 5.
Attachment One (11-17 -06)
3.
Page 15
Defects. liens. encumbrances, adverse claims, or other matters
(a) created. suffered, assumed, or agreed to by the Insured Claimant:
(b) not Known to the Company, not recorded in the Public Records at
Date of Policy, but Known to the Insured Claimant and not
disclosed in writing to the Company by the Insured Claimant
prior to the date the Insured Claimant became an Insured under
this policy;
(c) resulting in no loss or damage to the Insured Claimant:
(d) attaching or created subsequent to Date of Policy (however. this
does not modi!)-or limit the coverage provided under Covered
Risk II, 13, or 14): or
ATTACHMENT ONE
(CONTINUED)
4.
5.
(e) resulting in loss or damage that would not have been sustained if
the Insured Claimant had paid value for the Insured Mortgage.
Unenforceability of the lien of the Insured Mortgage because of the
inability or failure of an Insured to comply with applicable doing-
business laws of the state where the Land is situated.
Invalidity or unenforceability in whole or in part of the lien of the
Insured Mortgage that arises out of the transaction evidenced by the
Insured Mortgage and is based upon usury or any consumer credit
protection or truth-in-lending law.
6.
7.
Any claim. by reason of the operation of federal bankruptcy. state
insolvency, or similar creditors' rights laws. that the transaction
creating the lien of the Insured Mortgage. is
(a) a fraudulent conveyance or fraudulent transfer. or
(b) a preferential transfer for any reason not stated in Covered Risk
13(b) of this policy.
Any lien on the Title for real estate taxes or assessments imposed by
governmental authority and created or attaching between Date of
Policy and the date of recording of the Insured Mortgage in the Public
Records. This Exclusion does not modify or limit the coverage
provided under Covered Risk II (b).
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage. the Exceptions
from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs. attorneys' fees or expenses) that arise by reason of:
I.
2.
(a) Taxes or assessments that are not shown as existing liens by the
records of any taxing authority that levies taxes or assessments on
real property or by the Public Records:
(b) Proceedings by a public agency that may result in taxes or
assessments, or notices of such proceedings, whether or not
shown by the records of such agency or by the Public Records.
Any facts. rights. interests. or claims that are not shown by the Public
Records but that could be ascertained by an inspection of the Land or
that may be asserted by persons in possession of the Land.
3.
4.
5.
Easements. liens or encumbrances. or claims thereof. not shown by
the Public Records.
Any encroachment. encumbrance. violation. variation. or adverse
circumstance affecting the Title that would be disclosed by an
accurate and complete land survey of the Land and not shown by the
Public Records.
(a) Unpatented mining claims; {b) reservations or exceptions in
patents or in Acts authorizing the issuance thereof; (c) water rights.
claims or title to water. whether or not the matters excepted under {a).
(b). or {c) are shown by the Public Records.
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this
policy and the Company will not pay loss or damage, costs. attorneys' fees
or expenses which arise by reason of:
I. (a) Any law, ordinance or governmental regulation {including but not
limited to building and zoning laws, ordinances. or regulations)
restricting. regulating. prohibiting or relating to {i) the occupancy.
use. or enjoyment of the land; (ii) the character. dimensions or
location of any improvement now or hereafter erected on the
land: (iii) a separation in ownership or a change in the dimensions
or area of the land or any parcel of which the land is or was a
part; or {iv) environmental protection, or the effect of any
violation of these laws. ordinances or governmental regulations.
except to the extent that a notice of the enforcement thereof or a
notice of a defect. lien or encumbrance resulting from a violation
or alleged violation affecting the land has been recorded in the
public records at Date of Policy.
{b) Any governmental police power not excluded by {a) above,
except to the extent that a notice of the exercise thereof or a
notice of a defect, lien or encumbrance resulting from a violation
or alleged violation affecting the land has been recorded in the
public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has
been recorded in the public records at Date of Policy. but not
excluding from coverage any taking which has occurred prior to Date
of Policy which would be binding on the rights of a purchaser for
value without knowledge.
3.
4.
Defects. liens. encumbrances, adverse claims or other matters:
(a) created. suffered, assumed or agreed to by the insured claimant:
{b) not known to the Company, not recorded in the public records at
Date of Policy. but known to the insured claimant and not
disclosed in writing to the Company by the insured claimant prior
to the date the insured claimant became an insured under this
policy:
{c) resulting in no loss or damage to the insured claimant:
{d) attaching or created subsequent to Date of Policy: or
{e) resulting in loss or damage which would not have been sustained
if the insured claimant had paid value for the estate or interest
insured by this policy.
Any claim. which arises out of the transaction vesting in the insured
the estate or interest insured by this policy. by reason of the operation
of federal bankruptcy, state insolvency. or similar creditors' rights
laws. that is based on:
(i) the transaction creating the estate or interest insured by this policy
being deemed a fraudulent conveyance or fraudulent transfer; or
(ii) the transaction creating the estate or interest insured by this policy
being deemed a preferential transfer except where the preferential
transfer results from the failure:
{a) to timely record the instrument of transfer: or
{b) of such recordation to impart notice to a purchaser for value
or a judgment or lien creditor.
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage. the Exceptions
from Coverage in a Standard Coverage Policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs. attorneys' fees or expenses) which arise by reason of:
I.
2.
Taxes or assessments which are not shown as existing liens by the
records of any taxing authority that levies taxes or assessments on real
property or by the public records. Proceedings by a public agency
which may result in taxes or assessments. or notices of such
proceedings. whether or not shown by the records of such agency or
by the public records.
Any facts, rights, interests or claims which are not shown by the
public records but which could be ascertained by an inspection of the
land or which may be asserted by persons in possession thereof.
Attachment One (11-17-06)
3.
4.
5.
Page 16
Easements. liens or encumbrances. or claims thereof, which are not
shown by the public records.
Discrepancies. conflicts in boundary lines. shortage in area.
encroachments. or any other facts which a correct survey would
disclose, and which are not shown by the public records.
{a) Unpatented mining claims: (b) reservations or exceptions in
patents or in Acts authorizing the issuance thereof: {c) water rights.
claims or title to water. whether or not the matters excepted under {a).
(b) or {c) are shown by the public records.
ATTACHMENT ONE
(CONTINUED)
2006 ALTA OWNER'S POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this
policy, and the Company will not pay loss or damage. costs. attorneys' fees.
or expenses that arise by reason of:
I. (a) Any law. ordinance, permit, or governmental regulation
2.
3.
(including those relating to building and zoning) restricting.
regulating. prohibiting, or relating to
(i) the occupancy. use. or enjoyment of the Land;
(ii) the character. dimensions. or location of any improvement
erected on the Land:
(iii) the subdivision of land; or
(iv) environmental protection:
or the effect of any violation of these laws. ordinances. or
governmental regulations. This Exclusion I (a) does not modify or
limit the coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion I (b) does not
modify or limit the coverage provided under Covered Risk 6.
Rights of eminent domain. This Exclusion does not modify or limit
the coverage provided under Covered Risk 7 or 8.
Defects. liens, encumbrances, adverse claims, or other matters
(a) created, suffered. assumed. or agreed to by the Insured Claimant;
4.
5.
(b) not Known to the Company, not recorded in the Public Records at
Date of Policy. but Known to the Insured Claimant and not
disclosed in writing to the Company by the Insured Claimant
prior to the date the Insured Claimant became an Insured under
this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this
does not modify or limit the coverage provided under Covered
Risk 9 and 10): or
(e) resulting in loss or damage that would not have been sustained if
the Insured Claimant had paid value for the Title.
Any claim. by reason of the operation of federal bankruptcy, state
insolvency, or similar creditors' rights laws. that the transaction
vesting the Title as shown in Schedule A. is
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered Risk 9
of this policy.
Any lien on the Title for real estate taxes or assessments imposed by
governmental authority and created or attaching between Date of
Policy and the date of recording of the deed or other instrument of
transfer in the Public Records that vests Title as shown in Schedule A.
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions
from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of:
I.
2.
(a) Taxes or assessments that are not shown as existing liens by the
records of any taxing authority that levies taxes or assessments on real
property or by the Public Records; (b) proceedings by a public agency
that may result in taxes or assessments, or notices of such
proceedings. whether or not shown by the records of such agency or
by the Public Records.
Any facts. rights, interests, or claims that are not shown in the Public
Records but that could be ascertained by an inspection of the Land or
that may be asserted by persons in possession of the Land.
3.
4.
5.
Easements, liens or encumbrances, or claims thereof. not shown by
the Public Records.
Any encroachment, encumbrance, violation, variation. or adverse
circumstance affecting the Title that would be disclosed by an
accurate and complete land survey of the Land and that are not shown
by the Public Records.
(a) Unpatented mining claims; (b) reservations or exceptions in
patents or in Acts authorizing the issuance thereof; (c) water rights,
claims or title to water, whether or not the matters excepted under (a),
(b), or (c) are shown by the Public Records.
CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-22-03)
ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-22-03)
EXCLUSIONS
In addition to the Exceptions in Schedule B. You are not insured against loss. costs. attorneys' fees. and expenses resulting from:
I. Governmental police power, and the existence or violation of any law
or government regulation. This includes ordinances. laws and
regulations concerning:
a. building
b. zoning
c. Land use
d. improvements on the Land
e. Land division
f. environmental protection
This Exclusion does not apply to violations or the enforcement of these
matters if notice of the violation or enforcement appears in the Public
Records at the Policy Date.
This Exclusion does not limit the coverage described in Covered Risk 14,
15. 16. 17 or 24.
2.
3.
The failure of Your existing structures, or any part of them, to be
constructed in accordance with applicable building codes. This
Exclusion does not apply to violations of building codes if notice of
the violation appears in the Public Records at the Policy Date.
The right to take the Land by condemning it, unless:
Attachment One (11-17-06)
Page 17
4.
5.
6.
a. a notice of exercising the right appears in the Public Records at
the Policy Date; or
b. the taking happened before the Policy Date and is binding on You
if You bought the Land without Knowing of the taking.
Risks:
a. that are created, allowed. or agreed to by You, whether or not
they appear in the Public Records;
b. that are Known to You at the Policy Date, but not to Us, unless
they appear in the Public Records at the Policy Date;
c. that result in no loss to You; or
d. that first occur after the Policy Date -this does not limit the
coverage described in Covered Risk 7, S.d. 22, 23, 24 or 25.
Failure to pay value for Your Title.
Lack of a right:
a. to any Land outside the area specifically described and referred to
in paragraph 3 of Schedule A: and
b. in streets. alleys, or waterways that touch the Land.
This Exclusion does not limit the coverage described in Covered Risk II or
18.
ATTACHMENT ONE
(CONTINUED)
LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows:
For Covered Risk I 4. I 5. I 6 and 18. Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A.
The deductible amounts and maximum dollar limits shown on Schedule A are as follows:
Covered Risk 14:
Covered Risk 15:
Covered Risk 16:
Covered Risk 18:
Your Deductible Amount
1.00% of Policy Amount or $ 2 500.00
(whichever is less)
1.00% of Policy Amount or $ i.QQlLQQ
(whichever is less)
l.QQ% of Policy Amount or S i.QQlLQQ
(whichever is less)
l.QQ% of Policy Amount or $ ~
(whichever is less)
Our Maximum Dollar
Limit of Liabilitv
$ !Q.QQQ.Ql!
ALTA EXPAND ED COVERAGE RESIDENTIAL LOAN POLICY (10113/01)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this
policy and the Company will not pay loss or damage, costs. attorneys fees or
expenses which arise by reason of:
I.
2.
3.
(a) Any law, ordinance or governmental regulation (including but not
limited to building and zoning laws. ordinances, or regulations)
restricting. regulating. prohibiting or relating to (i) the occupancy,
use, or enjoyment of the Land: (ii) the character, dimensions or
location of any improvement now or hereafter erected on the
Land: (iii) a separation in ownership or a change in the
dimensions or areas of the Land or any parcel of which the Land
is or was a part; or (iv) environmental protection. or the effect of
any violation of these laws. ordinances or governmental
regulations. except to the extent that s notice of the enforcement
thereof or a notice of a defect. lien or encumbrance resulting from
a violation or alleged violation affecting the Land has been
recorded in the Public Records at Date of Policy. This exclusion
does not limit the coverage provided under Covered Risks 12, 13.
14, and 16 of this policy.
(b) Any governmental police power not excluded by (a) above.
except to the extent that a notice of the exercise thereof or a
notice of a defect. lien or encumbrance resulting from a violation
or alleged violation affecting the Land has been recorded in the
Public Records at Date of Policy. This exclusion does not limit
the coverage provided under Covered Risks 12. 13, I4, and 16 of
this policy.
Rights of eminent domain unless notice of the exercise thereof has
been recorded in the Public Records at Date of Policy, but not
excluding from coverage any taking which has occurred prior to Date
of Policy which would be binding on the rights of a purchaser for
value without Knowledge.
Defects, liens. encumbrances. adverse claims or other matters:
(a) created, suffered. assumed or agreed to by the Insured Claimant;
(b) not Known to the Company. not recorded in the Public Records at
Date of Policy, but Known to the Insured Claimant and not
disclosed in writing to the Company by the Insured Claimant
prior to the date the Insured Claimant became an Insured under
this policy;
(c) resulting In no loss or damage to the Insured Claimant:
Attachment One (11-17-06)
4.
5.
6.
7.
8.
9.
Page 18
(d) attaching or created subsequent to Date of Policy (this paragraph
does not limit the coverage provided under Covered Risks 8, 16.
18. 19, 20, 21, 22, 23. 24,25 and 26); or
(e) resulting in loss or damage which would not have been sustained
if the Insured Claimant had paid value for the Insured Mortgage.
Unenforceability of the lien of the Insured Mortgage because of the
inability or failure of the Insured at Date of Policy, or the inability or
failure of any subsequent owner of the indebtedness, to comply with
applicable doing business laws of the state in which the Land is
situated.
Invalidity or unenforceability of the lien of the Insured Mortgage. or
claim thereof, which arises out of the transaction evidenced by the
Insured Mortgage and is based upon usury, except as provided in
Covered Risk 27, or any consumer credit protection or truth in lending
law.
Real property taxes or assessments of any governmental authority
which hecome a lien on the Land subsequent to Date of Policy. This
exclusion does not limit the coverage provided under Covered Risks
7. 8(e) and 26.
Any claim of invalidity. unenforceability or lack of priority of the lien
of the Insured Mortgage as to advances or modifications made after
the Insured has Knowledge that the vestee shown in Schedule A is no
longer the owner of the estate or interest covered by this policy. This
exclusion does not limit the coverage provided in Covered Risk 8.
Lack of priority of the lien of the Insured Mortgage as to each and
every advance made after Date of Policy, and all interest charged
thereon. over liens, encumbrances and other matters affecting the title,
the existence of which are Known to the Insured at:
(a) The time of the advance: or
(b) The time a modification is made to the terms of the Insured
Mortgage which changes the rate of interest charged. if the rate of
Interest is greater as a result of the modification than it would
have been before the modification. This exclusion does not limit
the coverage provided in Covered Risk 8.
The failure of the residential structure, or any portion thereof to have
heen constructed he fore. on or after Date of Policy in accordance with
applicable building codes. This exclusion does not apply to violations
of building codes if notice of the violation appears in the Public
Records at Date of Policy.
(continued)
You may be entitled to receive a $20.00 discount on escrow services if you purchased, sold or refinanced
residential property in California between May 19, 1995 and November 1, 2002. If you had more than one
qualifying transaction, you may be entitled to multiple discounts.
If your previous transaction involved the same property that is the subject of your current transaction, you
do not have to do anything; the Company will provide the discount, provided you are paying for escrow
or title services in this transaction.
If your previous transaction involved property different from the property that is subject of your current
transaction, you must -prior to the close of the current transaction -inform the Company of the earlier
transaction, provide the address of the property involved in the previous transaction, and the date or
approximate date that the escrow closed to be eligible for the discount.
Unless you inform the Company of the prior transaction on property that is not the subject of this
transaction, the Company has no obligation to conduct an investigation to determine if you qualify for a
discount. If you provide the Company information concerning a prior transaction, the Company is
required to determine if you qualify for a discount which is subject to other terms and conditions.
Attachment One ( 11-17-06)
Page 19
I~
' ,' ..
@
\!.V
~"' DtHi.O COOfiiTY AS,S(S\O'tS MAl" ~I !!ill:! f'o\Cl 35 IIIIAPPEO fOil A5o~(S5M(N1 f'UIIf'OSU ONLY SI1T. lOr l
1.04 AC
POR
TCT 2
J ., • .sJJ·-
0
O.SS AC. . ' .,
~
~ .:ih---~~,7~~-~~~~--~~..-----~i. -••• ~,·,c ~~$ •• ~ 0
0 60 .AC..
s ll••.s,·r
---. r-- ---- - - - ---
@
SHT I
0 I.Z7 AC.
s.,.$5'C
~ 0 1.23 AC.
@
1.07 AC. • •
0
l ~· AC.
,.2~. ~z
@
I.Ol AC.
N ·5·~··-.,
I e . ~ ~ ~= fOREST l ;...c AVE. ~ , .. ~I J •t•$t'& . 8 .. ' ~ :~I ~
~ 0 ~ "-z•7 ot.. I
0
156-35 L
SHT 2 OF 2 Jl ••• 100'
t1'
---_,
_c_ ~M :s_
BL OLD NEW CUT
·~ -~ ,_,_ 'IJI• ,., ~4·~ ""-~ ~
"Wbi-i.-th.;~ ~lat b bi1Ia~cr1
to be correct, tbe Cc:>mp.ny
as&UJnes no liablili iy for i
any lou occ:urring by:'re•l5oa· of ~_!_~a.~c~hereo,.!IL__-__ .
LOOKING SOUTH ALONG PIO PICO
SHADE STRUCTURE
2375 PIO PICO LOOKING SOUTH
r STORAGE BUilDING
~~--
2375 PIO PICO LOOKING WEST
< '
2375 PIO PICO LOOKING WEST
ACCESS ROAD
• • . ..
<<~~/ ~ ClTY Of
CARLSBAD
PROJECT
DESCRIPTION
P-1(8)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www .carlsbadca.gov
PROJECTNAME: ___________ M __ i_l_e_s __ P_a_c_i_f_l_·c ____________________________ _
APPLICANT NAME: _______ R_o_b_e_r_t_M_i_l_e_s ______________ _
Please describe fully the proposed project by application type. Include any details necessary to
adequately explain the scope and/or operation of the proposed project. You may also include
any background information and supporting statements regarding the reasons for, or
appropriateness of, the application. Use an addendum sheet if necessary.
Description/Explanation:
See Attached
P-1(8) Page 1 of 1 Revised 07/10
MILES PACIFIC
PROJECT DESCRIPTION
(REVISED)
The property address is 2373 & 2375 Pio Pico Drive and is located on the west side of Pio Pico
Drive approximately 600 feet from the intersection of Pio Pico Drive and Las Flores Drive in
the City of Carlsbad. The subject property is 5.4 acres in size and has a topographic gradient
of approximately 5%, sloping from Pio Pico Drive toward Interstate 5 to the west.
Currently, Miles Pacific is operating a palm nursery which covers 100 percent of the property
with the exception of a single family residence at 2373 Pio Pico Drive. This residence will be
removed from the property to accommodate the proposed project. The current use is
comprised of shade screens, access isles and a free standing metal structure that is used for
storage. Miles Pacific is proposing a seventeen (17) lot subdivision with lots ranging in size
from 7,525 SF to 13,782 SF. The proposed density is 3.15 DU's/ AC, while the existing General
Plan allows 4.0 DU's/AC. The Zoning Designation for the property is R-1 (Single Family) and
the General Plan Designation is RLM (Low Medium Density).
The proposed grading for the site is 10,300 CY of cut and 10,300 CY of fill. The remedial
grading is 59,300 CY and is required to mitigate the presences of toxaphene. Sheet 5 of the
Tentative Map delineates the remedial grading.
Surrounding land use is comprised of single family residential to the north, east and south and
Interstate 5 immediately adjacent to the west.
,
ENVIRONMENTAL INFORMATION FORM
(To be Completed by Applicant)
Date Filed:JU ~ 5 1 'OQ l ~ (To be completed by City)
Application Number(s): C..T I a-= 0 I J e..o p I a-I 5
General Information
1. Name of project: ____ M_i_l_e_s_P_a_c_i_f_i_c.....;....· ---------------
2. Name of developer or project sponsor: _R_o_b_e_r_t __ M_i_l_e_s ____________ _
3.
4.
5.
6.
7.
8.
9.
Address: 1833 Buena Vista Way
City, state, Zip Code: ___ c_a_r_l_s_b_a_d_,_c_A __ 9_2_0_0_8 ___________ _
PhoneNumber: ____ 7_6_0_-_8_8_~_-_9_0_1_1_. ----------------
Name of person to be contacted concerning this project: ___ R_o_d_B_r_a_d_l_e..::y'------
Address: ____ s_l_l_S_A_v_e_n_i_d_a __ E_n_c_l_·n_a_s_,_s_u_l_._t_e_L _________ _
City,State,ZipCode: Carlsbad, CA 92008
PhoneNumber: --~7~6~0~-~9~3~1~-~8~7~0~0------------------
Address of Project: __ 2_3_7_3_&_2_3_7_5_P_j_.o_P_i_c_o_A_v_e_n_u_e _________ _
Assessor's Parcel Number: 15 6 -3 Sl-0 3 ' 0 7 & 0 8
List and describe any other related permits and other public approvals required for this project,
including those required by city, regional, state and federal agencies:
Tentative Map/Final Map/Improvement Plans/Grading Plans/Water
Quality
Existing General Plan Land Use Designation: RLM (Low Medium Density)
Existing zoning district: ___ R_-_l __ s_i_n_g_l_e __ F_a_m_i_l_Y __ R_e_s_l_· d_e_n_t_i_a_l ______ _
Palm Tree Nursery
Existing land use(s): --------------------------
Proposed use of site (Project for which this form is filed): ___ 1_7_R_e_s_1_· d_e_n_t_i_a_l __ L_o_t_s
Project Description
10.
11.
12:
13.
14.
P-1(0)
Site size: __ _:5:....:•:...4.:..._A:.:.::c-=r:..;;e:.:s::..._ _____________________ _
Unknown Proposed Building square footage: ---------------------
Number of floors of construction: ____ T::..w.:.:..::;o ________________ _
Amount of off-street parking provided: ---"2:......l.Gi!.la-..rlo...l.aa-l;jgL.t;e:.o:s:i.......:-=--.G2--LDJ.Jr:...,L.:' '~'t=AJA1lol'-'=a~1urs::i-.------
Associated projects: ___ N_/_A _____________________ _
Page 2 of4 Revised 07/10
15. If residential, include the number of units and schedule of unit sizes: ----------
17 Lots/Units Unit sizes are unknown at this time.
16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage
of sales area, and loading facilities: ---------------------
N/A
17. If industrial, indicate type, estimated employment per shift, and loading facilities: ------
N/A
18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy,
loading facilities, and community benefits to be derived from the project: ---------
N
19. If the project involves a variance, conditional use or rezoning applications, state this and indicate
clearly why the application is required: --------------------
N A
P-1(0) Page 3 of4 Revised 07/10
Are the following items applicable to the project or its effects? Discuss all items checked yes (attach
additional sheets as necessary).
Yes No
20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial 0 IX]
alteration of ground contours.
21. Change in scenic views or vistas from existing residential areas or public lands or [1g 0
roads. See Attached
22. Change in pattern, scale or character of general area of project. 0 ~
23. Significant amounts of solid waste or litter. 0 IX]
24. Change in dust, ash, smoke, fumes or odors in vicinity. 0 !XI
25. Change in ocean, bay, lake, stream or ground water quality or quantity, or 0 [il
alteration of existing drainage patterns.
26. Substantial change in existing noise or vibration levels in the vicinity. 0 !Z1
27. Site on filled land or on slope of 10 percent or more. See Attached
28. Use of disposal of potentially hazardous materials, such as toxic substances,
flammables or explosives. See Attached
29. Substantial change in demand for municipal services (police, fire, water, sewage,
etc.).
30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.).
31. Relationship to a larger project or series of projects.
Environmental Setting
Attach sheets that include a response to the following questions:
0
0
0
0
0
32. Describe the project site as it exists before the project, including information on topography, soil
stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing
structures on the site, and the use of the structures. Attach photographs of the site. Snapshots
or Polaroid photos will be accepted. See Attached
33. Describe the surrounding properties, including information on plants and animals and any
cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.),
intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of
development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity.
Snapshots or polaroid photos will be accected. h d see Attac e
Certification
I hereby certify that the statements furnished above and in the attached exhibits present the data and
information required for this initial evaluation to the best of my ability, and that the facts, statements, and
information presented are true and correct to the best of my knowledge and belief. ----------------
Date: ~d.fi-Lrz ~----------------
P-1(0) Page 4 of4 Revised 07/10
21. Change in scenic views or vistas from existing residential areas or public lands or
roads.
Currently, the surrounding residents that view the property, either front on it or back
onto it. Their predominant view is of palm trees and/or a shade screen. Ultimately,
they will view single family homes similar to their own.
27. Site on filled land or on slope of 10 percent or more.
The site will be comprised of 10,300 CY of cut and 10,300 CY of fill. The site slopes at
approximately five percent (5%) from east to west.
28. Use of disposal of potentially hazardous materials, such as toxic substances,
flammables or explosives.
Geosoils, Inc. (GSI) has prepared a Limited Phase II Site Characteristics Agricultural
Residue Survey of the property on August 4, 2011.
Based upon the limited scope of work completed, GSI concludes that the
concentrations of DDE and DDT detected in earth materials on the subject property
are at or sufficiently below the CHHSL, developed by the California Environmental
Protection Agency ( CEP A, 2005), so as not to represent a risk to human health. In
contrast, Toxaphene was detected well above the CHHSLs and may possibly represent
a risk to human health and groundwater, if not mitigated. Mitigation may include
utilizing the affected soils as fill onsite so as to not impact health and the environment.
Typically, this is performed under the purview and approval of the lead agency
(Department of Environmental Health [DEH]) for the Regional Water Quality Control
Board (RWQCB), by burying soil onsite with elevated concentrations of constituents
above CHHSL levels, such that it is isolated from human contact and does not impact
(i.e., leach into) groundwater. GSI has previously demonstrated to DEH (File No.
H02725-001 ), that Toxaphene does not leach, and the DEH has approved burial of
such; however, DEH may require additional testing in this regard. Subsequent to
mitigation during grading, the remaining surficial soils with those constituents (DDE,
DDT, and Toxaphene), would be at or sufficiently below the CHHSL, developed by the
California Environmental Protection Agency (CEPA, 2005), so as not to represent a
risk to human health; however, since residues were detected, additional sampling and
testing will be required by the lead agency and/or RWQCB for a grading permit, based
on past experience.
32. Describe the project site as it exists before the project, including information on
topography, soil stability, plants and animals, and any cultural, historical or scenic
aspects. Describe any existing structures on the site, and the use of the structures.
Attach photographs of the site. Snapshots or Polaroid photos will be accepted.
,
The property address is 2373 & 2375 Pio Pico Drive and is located on the west side of
Pio Pico Drive approximately 600 feet from the intersection of Pio Pi co Drive and Las
Flores Drive in the City of Carlsbad. The subject property is 5.4 acres in size and has
a topographic gradient of approximately 5%, sloping from Pio Pico Drive toward
Interstate 5 to the west.
Currently, Miles Pacific is operating a palm nursery which covers 100 percent of the
property with the exception of a single family residence at 2373 Pio Pico Drive. This
residence will be removed from the property to accommodate the proposed project.
The current use is comprised of shade screens, access isles and a free standing metal
structure that is used for storage. Miles Pacific is proposing a seventeen (17) lot
subdivision with lots ranging in size from 7,940 SF to 13, 176 SF. The proposed density
is 3.15 DU's/AC, while the existing General Plan allows 4.0 DU's/AC. The Zoning
Designation for the property is R-1 (Single Family) and the General Plan Designation
is RLM (Low Medium Density).
The proposed grading for the site is 10,300 CY of cut and 10,300 CY of fill. The
remedial grading is 59,300 CY and is required to mitigate the presences of toxaphene.
Sheet 5 of the Tentative Map delineates the remedial grading.
Surrounding land use is comprised of single family residential to the north, east and
south and Interstate 5 immediately adjacent to the west.
No cultural or historical sites occur on site.
See attached photos of the site.
33. Describe the surrounding properties, including information on plants and animals and
any cultural, historical or scenic aspects. Indicate the type of land use (residential,
commercial, etc.), intensity of land use (one-family, apartment houses, shops,
department stores, etc.) Attach photographs of the vicinity. Snapshots or Polaroid
photos will be accepted.
The surrounding area is predominantly a single-family residential neighborhood
comprised of one and two story structures. The vegetation is ornamental and is
comprised of trees, shrubs and lawns.
See attached photos.
~~> ~ CITY OF
DISCLOSURE
STATEMENT
P-1(A)
Planning Division
1635 Faraday Avenue
(760) 602-4610
www .carlsbadca.gov CARLSBAD
Applicant's statement or disclosure of certain ownership interests on all applications which will
require discretionary action on the part of the City Council or any appointed Board, Commission
or Committee.
The following information MUST be disclosed at the time of application submittal. Your project
cannot be reviewed until this information is completed. Please print.
1. APPLICANT (Not the applicant's agent)
Provide the COMPLETE. LEGAL names and addresses of ALL persons having a
financial interest in the application. If the applicant includes a corporation or partnership,
include the names, titles, addresses of all individuals owning more than 10% of the
shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE
INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned
corporation, include the names, titles, and addresses of the corporate officers. (A
separate page may be attached if necessary.)
Person Robert Miles Corp/Part'-------------
Title. __ P_a_r_t_n_e_r _____ _ Title. _____________ _
Address 1833 Buena Vista Way Address ___________ _
Carlsbad, CA 92008
2. OWNER (Not the owner's agent)
P-1(A)
Provide the COMPLETE. LEGAL names and addresses of ALL persons having any
ownership interest in the property involved. Also, provide the nature of the legal
ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the
ownership includes a corporation or partnership, include the names, titles, addresses of
all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE
THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE
SPACE BELOW. If a publicly-owned corporation, include the names, titles, and
addresses of the corporate officers. (A separate page may be attached if necessary.)
Person Robert Miles Corp/Part __ M_i_l_e_s_P_a_c_J._· f_1_· c_, _L_P __
Title Partner Title ____ P=-=a_r..;;t~n..;;e..;;r"-------
Address 1833 Buena Vista Way Address -------------
Carlsbad, CA 92008
Page 1 of2 Revised 07/10
3. NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust,
list the names and addresses of ANY person serving as an officer or director of the non-
profit organization or as trustee or beneficiary of the.
Non Profit/Trust N I A Non Profit/Trust. __ ____.;.N.:...J./....;;A~-----
Title ___________ _ Title ____________ _
Address. _________ _ Address. ___________ _
4. Have you had more than $500 worth of business transacted with any member of City
staff, Boards, Commissions, Committees and/or Council within the past twelve (12)
months?
D Yes G No If yes, please indicate person(s):. __________ _
NOTE: Attach additional sheets if necessary.
y knowledge.
Signature of owner/date Signature of applicant/date
Robert Miles Robert Miles
Print or type name of owner Print or type name of applicant
Rod Bradley
Print or type name of owner/applicant's agent
P-1(A) Page 2 of2 Revised 07/10
U!T San Diego
P.O. Box 120191, San Diego, CA 92112-0191
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA} ss.
County of San Diego}
The Undersigned, declares under penalty of perjury
under the laws of the State of California: That she is a
resident of the County of San Diego. That she is and at all
times herein mentioned was a citizen of the United States, over the age
of twenty-one years, and that he is not a party to, nor interested in the
above entitled matter; that he is Chief Clerk for the publisher of
The San Diego Union-Tribune -North County
a newspaper of general circulation , printed and published daily in the
City of San Diego, County of San Diego, and which newspaper is
published for the dissemination of local news and intelligence of a
general character, and which newspaper at all the times herein
mentioned had and still has a bona fide subscription list of paying
subscribers, and which newspaper has been established, printed and
published at regular intervals in the said City of San Diego, County of
San Diego, for a period exceeding one year next preceding the date of
publication of the notice hereinafter referred to, and which newspaper is
not devoted to nor published for the interests, entertainment or
instruction of a particular class, profession, trade, calling, race, or
denomination, or any number of same; that the notice of which the
annexed is a printed copy, has been published in said newspaper in
accordance with the instructions of the person(s) requesting publication,
and not in any supplement thereof on the following dates, to wit:
June 071h, 2013
Chief Clerk for the Publisher
Jane Allshouse
On this 071h, day of June, 2013
e PLANNING COMMISSION PUBLIC HEARING
NOTICE IS HEREBY GIVEN to you, because your in-terest may be affected, that the Planning Commission of the City of Carlsbad Will hold a public hearing at the Council Chambers, 1200 Carlsbad . Village Drive, Carlsbad, California, at 6:00 p.m. on Wednesday, June 19, 2013, to consider the following:
1) SDP 13-02-LA COSTA TOWN SQUARE 63-Request for a de· termination that the project is within the scope of the previously certified La Costa Town Square Project EIR and that the Proj-ect EIR adequately 'describes the activity for the purposes of CEQA; and a request for approval of a Site Development Plan for building floor plans, elevations and plotting for the develop. ment of 63 single-family detached homes within the La Costa . Master Plan, Neighborhood Southeast SA, generally located north of La Costa Avenue and east of Rancho Santa Fe Road in Local Facilities Management Zone 11.
The City has determined that the project is subject to the provi-sions of CEQA;. however, the potential environmental effects of the project were adequately analyzed by the previously Certi-
fied EIR 01·02 dated September 15, 2009 for the LA COSTA TOWN SQUARE. No additional environmental review is re-
quired.
2} CT 12-01/PUD 12·08/CDP 12·15 ·MILES PACIFIC SUBDIVI· SION -Request for the adoption of.,a Mitigated Negative Decla-ration and Mitigation Monitoring and Reporting Program and Addendum, and the approval of a Tentative Tract Map, Planned
Development Permit, and Coastal Development Permit to allow for the demolition of a single familY residence, storage building,
and green house structures, and to subdivide and grade a 5.4 acre site into seventeen (17) single-familY residential lots, one
private street lot, and two bio-retention basin lots, on property generally located on the west side of Pio Pico Drive near the in-tersection of Pio Pico Drive and Las Flores Drive within •the Mello II Segment of the Local Coastal Program and Local Fa-
cilities Management Zone 1.
The City Planner has determined that the project will not result in potentially significant impacts and has issued o Notice of In-tent to adopt a Negative Declaration.
This project is not located within the appealable area of the Cali-fornia Coastal Commission. ·~
If you challenge these projects in court, you may be limited to raising only those issues you or someone else raised at the pub-
lic hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hear-ing.
Copies of the environmental documents are available at the
Planning Division at 1635 Faraday Avenue during regular busi-ness hours from 7:30 am to 5:30 pm Monday through Thursday and8:00amto5:00pm Friday.
Those persons wishing to speak on these proposals are cordially invited to attend the public hearing. Copies of the staff reports
will be available online at http://carlsbad.granicus.comNlewPublisher.php?vlew ld=6 on or after the Friday prior to the hearing date. If you have any questions, please call the Planning Division at (760) 602-4600.
CITY OF CARLSBAD PLANNING DIVISION Pub: 6/07/13
(~A CITY OF
FiLE cc;:·/
~~CARLSBAD
Community & Economic Development www.carlsbadca.gov
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN to you that the Planning Commission of the City of Carlsbad will hold a public
hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on
Wednesday, June 19, 2013, to consider a request for the following:
CASE NAME: CT 12-01/PUD 12-08/CDP 12-15-MilES PACIFIC SUBDIVISION
PUBLISH DATE: June 7, 2013
DESCRIPTION: Request for the adoption of a Mitigated Negative Declaration and Mitigation Monitoring and
Reporting Program and Addendum, and the approval of a Tentative Tract Map, Planned Development Permit,
and Coastal Development Permit to allow for the demolition of a single family residence, storage building,
and green house structures, and to subdivide and grade a 5.4 acre site into seventeen (17} single-family
residential Jots, one private street lot, and two bio-retention basin lots, on property generally located on the
west side of Pio Pico Drive near the intersection of Pio Pico Drive and las Flores Drive within the Mello II
Segment of the local Coastal Program and local Facilities Management Zone 1.
Those persons wishing to speak on this proposal are cordially invited to attend the public hearing and provide
the decision makers with any oral or written comments they may have regarding the project. Copies of the
staff report will be available online at http://www.carlsbadca.gov/cityhall/meetings/Pages/meeting-
videos.aspx on or after the Friday prior to the hearing date.
If you have any questions, or would like to be notified of the decision, please contact Greg Fisher in the
Planning Division at (760) 602-4629, Monday through Thursday 7:30 a.m. to 5:30 p.m., Friday 8:00 a.m. to
5:00p.m. at 1635 Faraday Avenue, Carlsbad, California 92008.
APPEAlS
The time within which you may judicially challenge these projects, if approved, is established by State law
and/or city ordinance, and is very short. If you challenge this project in court, you may be limited to raising
only those issues you or someone else raised at the public hearing described in this notice or in written
correspondence delivered to the City of Carlsbad at or prior to the public hearing.
CJ Appeals to the City Council: Where the decision is appealable to the City Council, appeals must be
filed in writing within ten (10} calendar days after a decision by the Planning Commission.
CJ Coastal Commission Appealable Project:
~ ~
This site is not located within the Coastal Zone Appealable Area.
Application deemed complete: 12/31/2012
Where the decision is appealable to the Coastal Commission, appeals must be filed with the Coastal
Commission within ten (10} working days after the Coastal Commission has received a Notice of Final Action
from the City of Carlsbad. Applicants will be notified by the Coastal Commission of the date that their appeal
period will conclude. The San Diego office of the Coastal Commission is located at 7575 Metropolitan Drive,
Suite 103, San Diego, California 92108-4402.
CITY OF CARlSBAD
PI PLANNJtJG DIVISION annmg DIVISIOn
1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ®
e
PROOF OF PUBLICATION
(2010 8t 2011 C.C.P.)
STATE OF CALIFORNIA
County of San Diego
I am a citizen of the United States and a resident
of the County aforesaid: I am over the age of
eighteen years and not a party to or interested in
the above-entitled matter. I am the principal clerk
of the printer of
North County Times
Formerly known as the Blade-Citizen and The
Times-Advocate and which newspapers have been
adjudicated newspapers of general circulation by
the Superior Court of the County of San Diego,
State of California, for the City of Oceanside and
the City of Escondido, Court Decree number
171349, for the County of San Diego, that the
notice of which the annexed is a printed copy (set
in type not smaller than nonpariel), has been
published in each regular and entire issue of said
newspaper and not in any supplement thereof on
the following dates, to-wit:
March 14th, 2013
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Dated at Escondido, California
On This 14th, day March 2013
~Allshouse
NORTH COUNTY TIMES
Legal Advertising
This space is .he County Clerk's Filing Stamp
CITY OF CARLSBAD j
MAR 18 2013 I I
PLANNING DEPARTMENT! L.--------1
Proof of Publication of
CD NOTICE OF INTENT TO ADOPT A
. -MITtO~TED NE~~TI~~~~~LARATION .
CA ... N Ei. MHe$ Pac;iflcSuiXIMslon. . · . :.CT 12..()1J OP.12·15/ UD 12·06 · · --~tOCATI~N: Ge(IJ~IY'Iocated on the west side of Plo Pfco Orfve nearthi Intersection of Plo Plco Drive and Las Flores Drive.
PROJECT D~SCRJPTION: T"' ~oi~t consiS;~ of a T .. entative Tract Map {CT)< ·Coastal Oevele>Pment Permit' {~ and Planned Development f>Jr.mit CPUD) to allow for the · lttlon of a single family residence, storage blillding,, and green house structures and to subdivide and grade o;5.4-acre·par.ce!'fnto sev-enteen (17) minimum 7,500 square-toot .tin. gle-fomlly ~r:'sidential lots, one privote street lot, and two · bJO.retenflon ~In lots. Single-family residences including architecture are. nof pro-POSed tor development at this time. , ·· · ·
PROPOSED DETERM1NATION: The CitY Of Carlsbad has conducted on envlrcmrnentol rewewlaf·.flle above described J:lroi-
ed pursuant to tha Guldelihes for lmPiementatton of the Callfor· nia Environmental. QuoUty Act <CEQA.) • arid. the Environmental p. rote. ction on:tt. nahc!! O.f the Citv of Corlsbad. As a resul. t lllf._«ald review, the I tia. S'IWV ·(E lA •Port 2) kteritlfied patertHatfY 'tf9· nifi . . =n t .. enylrQI'I.ment, ~~. ( U re-lisions In the prot-ect .,.prOPOS . 1'11~ by; or agreed to by,,.}he opplicant pro ne9dt1ve 'deClaration and in it al studY are re . 9\lbllc review would ovoid the effects _uttigote the .. s. to a POint where clearly no significant · on the linvltonment ~,puJ<h~ur, and (2Hhere tn10 sUbstantial evi-dence inJi9Ht UT the WhOle record before the City tllot fhe . .proiect •as .ravtHd· mav 1lave a signlfiJ:Qnt effect .on the ltnvironment. Therefore, a M1tt8Cited Nesauve 08clclrat1oft wut be recom-mended for adoption by the City of Carlsbad Planhlng Commis-sion. ·
The prQPOSedi .,~ drld Mittgated ~ive Declaration are· subiect to review .an<! approvaVadQPtion by the City of Carlsbad Planning Commission: · Additional public notices will be Issued when those pubnc hearln9s eire scheduled. If you have anv ques-tions, please call Greg Fishe.r in the Planning Division Cit (760) 602-4629. . .
. PUBLIC REVIEW PERIOD March 14, 2013 ·April 15, 2013 PuBLISH PATE March 14, 2013
(~~CITY OF
FILE COPY
7·dW.,·/-2
~CARLSBAD
Community & Economic Development www.carlsbadca.gov
I EARLY PUBLIC NOTICE
PROJECT NAME: Miles Pacific
PROJECT NUMBERS: CT 12-01/ COP 12-15
This early public notice is to let you know that a Tentative Tract Map and Coastal
Development Permit application proposing a 20 lot residential subdivision on a 5.4 acre
site within your neighborhood has been submitted to the City of Carlsbad on July 5,
2012. The project application is undergoing its initial review by the City.
LOCATION: The property is located at 2373 and 3275 Pio Pica Drive and is located on
the west side of Pio Pica Drive near the intersection of Pio Pico Drive and Las Flores
Drive.
PROJECT DESCRIPTION: Subdivide a 5.4 acre site into 17 residential lots ranging
from 7,525 SF to 13,782 SF in size and three private lots. The private lots will be used
for streets and stormwater management basins. The project is not proposing
architecture at this time. Currently, a palm nursery is operating at the site. There is a
single family residence that will be removed from the property to accommodate the
proposed subdivision.
Please keep in mind that this is an early public notice and that the project design could
change as a result of further staff and public review. A future public hearing notice will
be mailed to you when this project is scheduled for public hearing before the Planning
Commission.
CONTACT INFORMATION: If you have questions or comments regarding this
proposed project please contact Greg Fisher, Assistant Planner at
greg.fisher@carlsbadca.gov, 760-602-4629, City of Carlsbad Planning Division, 1635
Faraday Avenue, Carlsbad, CA 92008.
I
· · · Planning Division ~~·----~-----------------------------------------------------~:: 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ®
CJ
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Attn: Toni Ross
Suite 103
7575 Metropolitan Drive
San Diego, CA 92108-4402
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7575 Metropolitan Drive
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JUL 0 9 2013
Notice of Determination
To: D Office of Planning and Research
PO Box 3044
Sacramento, CA 95812-3044
From: CITY OF CARLSBAD
Planning Division
1635 Faraday Avenue
Carlsbad, CA 92008
TMENT
SD County Clerk
Attn: James Scott
Suite 260
(760) 602-4600 LP' O [!., ~ LID
Hrnesl ,I Dronen~urg . .lr, Re!)ord~r Count} Clefk
1600 Pacific Highway
PO Box 121750
San Diego, CA 92101
JUV03 2013
J.·. Scott BY_""':---m"l'''l"'!= DEPUTY Project No: CT 12-01/PUD 12-08/CDP 12-15
Filing of Notice of Determination in
Resources Code.
compliance with Section 21108 or 21152 of the Public
Miles Pacific Subdivision
Project Title
2013031040
State Clearinghouse No.
City of Carlsbad, San Diego County
Project Locations (include County)
Name of Applicant: Miles Pacific, LP
Greg Fisher, Assistant Planner
Lead Agency, Contact Person
Applicant's Address: 1833 Buena Vista Way, Carlsbad, CA 92008
Applicant's Telephone Number: 760-889-9011
(760)-525-5 142
Telephone Number
Project Description: Request for the adoption of a Mitigated Negative Declaration and Mitigation
Monitoring and Reporting Program and Addendum, and the approval of a Tentative Tract Map, Planned
Development Permit, and Coastal Development Permit to allow for the demolition of a single family
residence, storage building, and green house structures, and to subdivide and grade a 5.4 acre site into
seventeen (17) single-family residential lots, one private street lot, and two bio-retention basin lots, on property
generally located on the west side of Pio Pi co Drive near the intersection of Pio Pico Drive and Las Flores
Drive within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone I.
This is to advise that the City of Carlsbad has approved the above described project on June 19,2013, and has
made the following determination regarding the above described project.
I. The project will not have a significant effect on the environment.
2. D An Environmental Impact Report (EIR) was prepared for this project pursuant to the provisions
ofCEQA.
[8J A Mitigated Negative Declaration was prepared for this project pursuant to the provisions of
CEQA.
D This project was reviewed previously and a Negative Declaration was prepared pursuant to the
provisions of CEQA.
3. Mitigation measures were made a condition of the approval of the project.
4. A mitigation reporting or monitoring plan was adopted for this project.
5. A statement of Overriding Considerations was not adopted for this project.
6. Findings were made pursuant to the provisions of CEQ A.
This is to certify that the fmal Mitigated Negative Declaration with comments and responses and record
~ojec~p/rl is available to the General Public at THE CITY OF CARLSBAD.
~/feu &zl/--ls
DON NEU, City Planner Date
Date received for filing at OPR:
Revised 05/13
~·. ~CARLSBAD
Community & Economic Development www.carlsbadca.gov
CASE NAME:
CASE NO:
PROJECT LOCATION:
MITIGATED NEGATIVE DECLARATION
Miles Pacific Subdivision
CT 12-01/PUD 12-08/CDP 12-15
Generally located on the west side of Pio Pico Drive near the intersection of
Pio Pico Drive and Las Flores Drive.
PROJECT DESCRIPTION: The project consists of a Tentative Tract Map (CT), Planned Development
Permit (PUD), and 'coastal Development Permit (COP) to allow for the demolition of a single family
residence, storage building, and green house structures, and to subdivide and grade a 5.4-acre parcel
site into seventeen (17) single-family residential lots, one private street lot, and two biocretention basin
lots. Single-family residences including architecture are not proposed for development at this time.
DETERMINATION: The City of Carlsbad has conducted an environmental review of the above described
project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and
the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial
study (EIA Part 2) identified potentially significant effects on the environment, and the City of Carlsbad
finds as follows:
~ Although the proposed project could have a significant effect on the environment, there will not
be a significant effect in this case because the mitigation measures described on the attached
sheet have been added to the project.
D The proposed project MAY have "potentially significant impact(s)" on the environment, but at
least one potentially significant impact 1) has been adequately analyzed in an earlier document
pursuant to applicable legal standards, and 2) has been addressed by mitigation measures
based on the earlier analysis as described on attached sheets. (Mitigated Negative Declaration
applies only to the effects that remained to be addressed).
D Although the proposed project could have a significant effect on the environment, there WILL
NOT be a significant effect in this case because all potentially significant effects (a) have been
analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE
DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated
. pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION,
including revisions or mitigation measures that are imposed upon the proposed project.
Therefore, nothing further is required.
A copy of the initial study (EIA Part 2) documenting reasons to support the Negative Declaration is on
file in the Planning Division, 1635 Faraday Avenue, Carlsbad, California 92008.
.ADOPTED:
DON NEU
City Planner
June 19, 2013, pursuant to Planning Commission Resolution No. 6985
· . Planning Division ~· 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ®
~ St~te 'of California-The Resources Agency
' DEPARTMENT OF FISH AND WILDLIFE
2013 ENVIRONMENTAL FILING FEE CASH RECEIPT
SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEARLY
LEAD AGENCY
CITY OF CARLSBAD
COUNTY/STATEAGENCY OF FILING
SAN DIEGO
PROJECTTITLE MILES PACIFIC SUBDIVISION
PROJECT APPLICANT NAME
MILES PACIFIC, LP
PROjECT APPLICANT ADDRESS
1833 BUENA VISTA WAY
PROJECT APPLICANT (Check appropriate box):
0 Local Public· Agency 0 School District
CHECK APPLICABLE FEES:
0 Environmental Impact Report
0 Negative Declaration
CITY
CARLSBAD
D Other Special District
0 Application Fee Water Diversion (state Water Resources Control Board Only)
0 Projects Subject to Certified Regulatory Program
0 County Administrative Fee
0 Project that is exempt from fees
0 Notice of Exemption
0 DFG No Effect Determination (Form Attached)
D Other __________________ _
PAYMENT METHOD:
D Cash D Credit III Check D Other 1303 & 1377
SIGNATURE
X J. Scott
RECEIPT#
SD2013 0524
STATE CLEARING HOUSE#(IfapplicableJ
2013031040
STATE
CA
D State Agency
$2,995.25
$2,156.25
$850.00
$1,018.50
$50.00
$
$
$
$
$
DATE
07/03/2013
DOCUMENT NUMBER
*20130107*
PHONE NUMBER
760-889-9011
ZIP CODE
92008
12J Private Entity
$2,156.25
$50.00
$ _____ _
TOTAL RECEIVED $ ___ _.:::$2:c,2::0c::6.=2=-5
I TITLE
Deputy
1111111 IIIII IIIII IIIII 1111111111 IIIII 1111111111111
ORIGINAL-PROJECT APPLICANT COPY-DFG/ASB COPY-LEADAGENCY COPY-COUNTY CLERK FG 753.5a (Rev. 7108)
Ernest J. Dronenburg, Jr.
COUNTY OF SAN DIEGO
ASSESSOR/RECORDER/COUNTY CLERK
ASSESSOR'S OFFICE
1600 Pacific Highway, Suite 103
San Diego, CA 92101-2480
Tel. (619) 236-3771 ' Fax (619) 557-4056
www.sdarcc.com
RECORDER/COUNTY CLERK'S OFFICE
1600 Pacific Highway, Suite 260
P.O. Box 121750 *San Diego, CA 92112-1750
Tel. (619)237-0502 *Fax (619)557-4155
Transaction#: 298164420130703
Deputy: JSCOTTl
Location: COUNTY ADMINISTRATION BUILDING
03-Jul-2013 17:06
FEES:
2,156.25 Qty of I Fish & Game Neg Dec (1800) for Re:ffl20130107
50.00 Qty of I Fish and Game Filing Fee for Re:ffl20130524
-----
2,206.25 TOTALDUE
PAYMENTS:
2,156.25 Check
50.00 Check
2,206.25 TENDERED
SERVICES AVAILABLE AT
OFFICE LOCATIONS
* Tax Bill Address Changes * Records and Certified Copies:
Birth/ Marriage/ Death/ Real Estate * Fictitious Business Names (DBAs) * Marriage Licenses and Ceremonies
* Assessor Parcel Maps * Property Ownership * Property Records * Property Values * Document Recordings
SERVICES AVAILABLE ON-LINE AT
www.sdarcc.com * Forms and Applications * Frequently Asked Questions (FAQs) * Grantor/ Grantee Index * Fictitious Business Names Index (DBAs) * Property Sales
* On-Line Purchases
Assessor Parcel Maps
Property Characteristics
Recorded Documents
,. State of California-The Resources Agency
DEPARTMENT OF FISH AND WILDLIFE
2013 ENVIRONMENTAL FILING FEE CASH RECEIPT
SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEARLY
LEAD AGENCY
CITY OF CARLSBAD
COUNTY/STATEAGENCY OF FILING
SAN DIEGO
PROJECTllTLE MILES PACIFIC SUBDIVISION
PROJECT APPLICANT NAME
MILES PACIFIC, LP
PROJECT APPLICANT ADDRESS
1833 BUENA VISTA WAY
PROJECT APPLICANT (Check appropriate box):
D Local Public Agency D School District
CHECK APPLICABLE FEES:
0 Environmental Impact Report
1Zl Negative Declaration
CITY
CARLSBAD
D Other Special District
0 Application Fee Water Diversion (State Water Resources Control Board Only)
D Projects Subject to Certified Regulatory Program
0 County Administrative Fee
0 Project that is exempt from fees
CJ Notice of Exemption
D OF~ No Effect Determination (Form Attached)
D Other __________________ _
PAYMENT METHOD:
D Cash D Credit [Z) Check D Other 1303 & 1377
SIGNATURE
X J.Scott
.
RECEIPT#
SD2013 0524
STATE CLEARING HOUSE#(IfapplicableJ
2013031040
DATE
07/03/2013
DOCUMENT NUMBER
*20130107*
PHONE NUMBER
760-889-9011
STATE ZIPCODE
CA 92008
D State Agency [Z) Private Entity
$2,995.25 $
$2,156.25 $ $2,156.25
$850.00 $
$1,018.50 $
$50.00 $ $50.00
$ _____ _
TOTALRECEIVED $ ___ _::$::2•c:2::06:::.2::5:_
I TITLE
Deputy
CITY OF CARLSBAD!'
AUG l0 2013
PLANNIN6DEPARTMENT
11111111111111111111111111111111111111111111111111
ORIGINAL· PROJECT APPLICANT COPY· DFG/ASB COPY-LEAOAGENCY COPY-COUNTY CLERK FG 753.5a (Rev. 7108)
Notice of Determination
To: D Office of Plarming and Research
PO Box 3044
Sacramento, CA 95812-3044
From: CITY OF CARLSBAD
Planning Division
1635 Faraday Avenue
Carlsbad, CA 92008
SD County Clerk
Attn: James Scott
Suite 260
(760) 6o2-46oo r? 0 [b rn I])
Ernest ,I Drone11burg. Jr. Recorder Count} Clerk
~ .
1600 Pacific Highway
PO Box 121750
San Diego, CA 92101
JUL 0 3 2013
J.Scott BY ____ --n.!'i'11'7-~
Project No: CT 12-01/PUD 12-08/CDP 12-15
Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public
Resources Code.
Miles Pacific Subdivision
Project Title
2013031040
State Clearinghouse No.
City of Carlsbad, San Diego County
Greg Fisher, Assistant Planner (760)-525-5142
Lead Agency, Contact Person Telephone Number
DEPUTY
Project Locations (include County)
Name of Applicant: Miles Pacific. LP
J.N3WJ.I:I CBO NINNV7d
HOZ 0 t 90V
Applicant's Address: 1833 Buena Vista Way, Carlsbad. CA 92008
Applicant's Telephone Number: 760-889-9011 OV8Sll:lVO:IO AUO
Project Description: Request for the adoption of a Mitigated Negative Declaration llltd Mitigation
Monitoring and Reporting Program and Addendum, and the approval of a Tentative Tract Map, Planned
Development Permit, and Coastal Development Permit to allow for the demolition of a single family
residence, storage building, and green house structures, and to subdivide and grade a 5.4 acre site into
seventeen (17) single-family residential lots, one private street lot, and two bio-retention basin lots, on property
generally located on the west side of Pio Pico Drive near the intersection of Pio Pico Drive and Las Flores
Drive within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone I.
This is to advise that the City of Carlsbad has approved the above described project on June 19,2013, and has
made the following determination regarding the above described project.
I. The project will not have a significant effect on the environment.
2. 0 An Environmental Impact Report (EIR) was prepared for this project pursuant to the provisions
ofCEQA.
I:8:J A Mitigated Negative Declaration was prepared for this project pursuant to the provisions of
CEQA.
0 This project was reviewed previously and a Negative Declaration was prepared pursuant to the
provisions of CEQA.
3. Mitigation measures w~,')~~!!l!\dfWRRIJt!i!iol1· o(tlf~)\pprpyal of':tl:fe£project.
4. A mitigation reporting or monitoring plan was adopted for this projec,t.
5. A statement of Overridi_~,g £.()E.~~-ei.~tio.!!s .. wa~ n.oLagoptedtfo}Cfiii~ pt~ject.
6. Findings were made pursuant to the pro\\isions;of CEQA. ~'S:2u1 ..,, . .,.,_·_=-=>~-:-.-;;,:·,.,~-·-·'-'""'" ... ,-<-···~ • ~"'---'~...,_...,. ,....,.,,,._=·-f"':
This is to certifY that the finl!LMitigated •. Negative-Decla~~ti~if{~{~Ii\'Jrments and responses and record
'J:cKis availa,i;JJ~Jq,J]1~jJ~!l!R~!.PJ!.bJic.at.IHKCn:Y~OF'~{.\IRLsBAD. G:2...t./--/s
DON NEU, City Planner Date
Date received for filing at OPR:
Revised 05113
._I "•
d' H 0 0
•, j ~ ; <
"-I. ' '·
...... ... .. . .~ ...........
FILED IN THE OFFICE OF THE COUNTY CLERK
San Diego County on J U L 0 3 2013
Posted J U L 0 3 2013Removed AUG 5 2013
::to~~CS"boftUG 5 24l.13--
,'' r
£' ~cARLSBAD
Community & Economic Development www.carlsbadca.gov
MITIGATED NEGATIVE DECLARATION
CASE NAME: Miles Pacific Subdivision
CASE NO: CT 12-01/PUD 12-08/CDP 12-15
PROJECT LOCATION: Generally located on the west side of Pio Pico Drive near the intersection of
Pio Pico Drive and Las Flores Drive.
PROJECT DESCRIPTION: The project consists of a Tentative Tract Map (CT), Planned Development
Permit (PUD), and Coastal Development Permit (CDP) to allow for the demolition of a single family
residence, storage building, and green house structures, and to subdivide and grade a 5.4-acre parcel
site into seventeen (17) single-family residential lots, one private street lot, and two bio-retention basin
lots. Single-family residences including architecture are not proposed for development at this time.
DETERMINATION: The City of Carlsbad has conducted an environmental review of the above described
project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and
the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial
study (EIA Part 2) identified potentially significant effects on the environment, and the City of Carlsbad
finds as follows:
IZJ Although the proposed project could have a significant effect on the environment, there will not
be a significant effect in this case because the mitigation measures described on the attached
sheet have been added to the project.
D The proposed project MAY have "potentially significant impact(s)" on the environment, but at
least one potentially significant impact 1) has been adequately analyzed in an earlier document
pursuant to applicable legal standards, and 2) has been addressed by mitigation measures
based on the earlier analysis as described on attached sheets. (Mitigated Negative Declaration
applies only to the effects that remained to be addressed).
D Although the proposed project could have a significant effect on the environment, there WILL
NOT be a significant effect in this case because all potentially significant effects (a) have been
analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE
DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated
pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION,
including revisions or mitigation measures that are imposed upon the proposed project.
Therefore, nothing further is required.
A copy of the initial study (EIA Part 2) documenting reasons to support the Negative Declaration is on
file in the Planning Division, 1635 Faraday Avenue, Carlsbad, California 92008.
ADOPTED:
DON NEU
City Planner
June 19, 2013, pursuant to Planning Commission Resolution No. 6985
Planning Division
1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559
\
Notice ofDeterm!.tion
.\~~C_y(\ & {l y \ \?:J
o EILE
To: D Office of Planning and Research
PO Box 3044
From: CITY OF CARLSBAD
Planning Division
Sacramento, CA 95812-3044
SD County Clerk
Attn: James Scott
Suite 260
1600 Pacific Highway
PO Box 121750
San Diego, CA 92101
1635 Faraday Avenue
Carlsbad, CA 92008
(760) 602-4600
Project No: CT 12-01/PUD 12-08/CDP 12-15
Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public
Resources Code.
Miles Pacific Subdivision
Project Title
2013031040
State Clearinghouse No.
City of Carlsbad, San Diego County
Project Locations (include County)
Name of Applicant: Miles Pacific, LP
Greg Fisher, Assistant Planner
Lead Agency, Contact Person
Applicant's Address: 1833 Buena Vista Way, Carlsbad, CA 92008
Applicant's Telephone Number: 760-889-90 II
(760)-525-5142
Telephone Number
Project Description: Request for the adoption of a Mitigated Negative Declaration and Mitigation
Monitoring and Reporting Program and Addendum, and the approval of a Tentative Tract Map, Planned
Development Permit, and Coastal Development Permit to allow for the demolition of a single family
residence, storage building, and green house structures, and to subdivide and grade a 5.4 acre site into
seventeen (17) single-family residential lots, one private street lot, and two bio-retention basin lots, on property
generally located on the west side of Pio Pico Drive near the intersection of Pio Pico Drive and Las Flores
Drive within the Mello II Segment ofthe Local Coastal Program and Local Facilities Management Zone I.
This is to advise that the City of Carlsbad has approved the above described project on June 19, 2013, and has
made the following determination regarding the above described project.
1. The project will not have a significant effect on the environment.
2. 0 An Environmental Impact Report (EIR) was prepared for this project pursuant to the provisions
ofCEQA.
1:8] A Mitigated Negative Declaration was prepared for this project pursuant to the provisions of
CEQ A. D This project was reviewed previously and a Negative Declaration was prepared pursuant to the
provisions of CEQ A.
3. Mitigation measures were made a condition of the approval of the project.
4. A mitigation reporting or monitoring plan was adopted for this project.
5. A statement of Overriding Considerations was not adopted for this project.
6. Findings were made pursuant to the provisions of CEQ A.
This is to certify that the final Mitigated Negative Declaration with comments and responses and record
o(V{ojec~p./rl is available to the General Public at THE CITY OF CARLSBAD.
~ Lfeu G=z_t/-fs
DON NEU, City Planner Date
Date received for filing at OPR:
Revised 05/13
..df~A CITY OF
VcARLSBAD
Community & Economic Development www.carlsbadca.gov
MITIGATED NEGATIVE DECLARATION
CASE NAME: Miles Pacific Subdivision
CASE NO: CT 12-01/PUD 12-08/CDP 12-15
PROJECT LOCATION: Generally located on the west side of Pio Pico Drive near the intersection of
Pio Pico Drive and Las Flores Drive.
PROJECT DESCRIPTION: The project consists of a Tentative Tract Map (CT), Planned Development
Permit (PUD), and Coastal Development Permit (COP) to allow for the demolition of a single family
residence, storage building, and green house structures, and to subdivide and grade a 5.4-acre parcel
site into seventeen (17) single-family residential lots, one private street lot, and two bio-retention basin
lots. Single-family residences including architecture are not proposed for development at this time.
DETERMINATION: The City of Carlsbad has conducted an environmental review of the above described
project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and
the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial
study (EIA Part 2) identified potentially significant effects on the environment, and the City of Carlsbad
finds as follows:
1Zl Although the proposed project could have a significant effect on the environment, there will not
be a significant effect in this case because the mitigation measures described on the attached
sheet have been added to the project.
0 The proposed project MAY have "potentially significant impact(s)" on the environment, but at
least one potentially significant impact 1) has been adequately analyzed in an earlier document
pursuant to applicable legal standards, and 2) has been addressed by mitigation measures
based on the earlier analysis as described on attached sheets. (Mitigated Negative Declaration
applies only to the effects that remained to be addressed).
0 Although the proposed project could have a significant effect on the environment, there WILL
NOT be a significant effect in this case because all potentially significant effects (a) have been
analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE
DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated
pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION,
including revisions or mitigation measures that are imposed upon the proposed project.
Therefore, nothing further is required.
A copy of the initial study (EIA Part 2) documenting reasons to support the Negative Declaration is on
file in the Planning Division, 1635 Faraday Avenue, Carlsbad, California 92008.
ADOPTED:
DON NEU
City Planner
June 19, 2013, pursuant to Planning Commission Resolution No. 6985
Planning Division
1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559
f"" ~ D
• • f Emeet J Drontr!OIIr~, ~. K~er CQIII\y elllt "'' _4~.A_ C I T Y 0 F
V cARLSBAD
CITY OF CARL
APR 1) 2013
PLA
MAr{ -~ ~ 2013
H. Ayuyao
BY DEPUiV
Community & Economic Development www.carlsbadca.gov
CASE NAME:
CASE NO:
PROJECT LOCATION:
NOTICE OF INTENT TO ADOPT A
MITIGATED NEGATIVE DECLARATION
Miles Pacific Subdivision
CT 12-01/CDP 12-15/PUD 12-06
Generally located on the west side of Pio Pico Drive near the
intersection of Pio Pico Drive and las Flores Drive.
PROJECT DESCRIPTION: The project consists of a Tentative Tract Map {CT), Coastal Development
Permit {CDP), and Planned Development Permit {PUD) to allow for the demolition of a single family
residence, storage building, and green house structures and to subdivide and grade a 5.4-acre
parcel into seventeen {17) minimum 7,500 square foot single-family residential lots, one private
street lot, and two bio-retention basin lots. Single-family residences including architecture are not
proposed for development at this time.
PROPOSED DETERMINATION: The City of Carlsbad has conducted an environmental review of the
above described project pursuant to the Guidelines for Implementation of the California
Environmental Quality Act {CEQA) and the Environmental Protection Ordinance of the City of
Carlsbad. As a result of said review, the initial study {EIA Part 2) identified potentially significant
effects on the environment, but {1) revisions in the project plans or proposals made by, or agreed
to by, the applicant before the proposed negative declaration and initial study are released for
public review would avoid the effects or mitigate the effects to a point where clearly no significant
effect on the environment would occur, and {2) there is no substantial evidence in light of the
whole record before the City that the project "as revised" may have a significant effect on the
environment. Therefore, a Mitigated Negative Declaration will be recommended for adoption by
the City of Carlsbad Planning Commission.
A copy of the initial study {EIA) documenting reasons to support the proposed Mitigated Negative
Declaration is on file in the Planning Division, 1635 Faraday Avenue, Carlsbad, California 92008.
Comments from the public are invited. Pursuant to Section 15204 of the CEQA Guidelines, in
reviewing Mitigated Negative Decla rations, persons and public agencies should focus on the
proposed finding that the project will not have a significant effect on the environment. If persons
and publk agencies believe that the project may have a significant effect, they should: {1) identify
the specific effect; {2) explain why they believe the effect would occur; and {3) explain why they
believe the effect would be significant. Please submit comments in writing to the Planning Division
within 30 days of the date of this notice.
The proposed project and Mitigated Negative Declaration are subject to review and
approval/adoption by the City of Carlsbad Planning Commission. Additional public notices will be
issued when those public hearings are scheduled. If you have any questions, please call Greg Fisher
in the Planning Division at {760) 602-4629.
March 14, 2013 -April15, 2013
March 14, 2013
FILED :t\ iHE OFFIC E OF THE COUNTY CLERK
PUBLIC REVIEW PERIOD
PUBLISH DATE San Jtego C:Jtry jr MAR 1 5 2013
Posted MAR 1 5 2013Removed APR 1 7 2013
Returned to agency on...,_-ifi~~~UJ...--Deputy .,.,
· · ·. Planning Division ~. 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ®
. -----------------------------------------------------------------------
S T A T E OF C A L I F 0 R N I A
Governor's· Office of Planning and Research
State Clearinghouse and Planning Unit
Edmund G. Brown Jr.
Governor
April 15,2013
Greg Fisher
City of Carlsbad
Planning Department
1635 Faraday Avenue
Carlsbad, CA 92008
APR 1 J 2013
Subject: Mil~s Pacific Subdivision-CT 12-01 I CDP 12-15 I PUD 12-06
SCH#: 2013031040
Dear Greg Fisher:
The State Clearinghouse submitted the above named Mitigated Negative Declaration to selected state
agencies for review. On the enclosed Document Details Report please note that the Clearinghouse has
listed the state agencies that reviewed your document. The review period closed on April 12, 2013, and the
comments from the responding agency (ies) is (are) enclosed. If this comment package is not in order,
please notify the State Clearinghouse immediately. Please refer to the project's ten-digit State
Clearinghouse number in future correspondence so that we may respond promptly.
Please note that Section 21104(c) of the California Public Resources Code states that:
"A responsible or other public agency shall only make substantive comments regarding those
activities involved in a project which are within an area of expertise of the agency or which are
required to be carried out or approved by the agency. Those comments shall be supported by
specific documentation."
These comments are forwarded for use in preparing your final environmental document. Should you need
more information or clarification of the enclosed comments, we recommend that you contact the
commenting agency directly.
This letter acknowledges that you have complied with the State Clearinghouse review requirements for
draft environmental documents, pursuant to the California Environmental Quality Act. Please contact the
State Clearinghouse at (916) 445-0613 if you have any questions regarding the enviromnental review
process.
organ
Director, State Clearinghouse
Enclosures
cc: Resollt<lfr:!r~~REET P.O. BOX 3044 SACRAMENTO, CALIFORNIA 95812-3044
TEL (916) 445-0613 FAX (916) 323-3018 www.opr.ca.gov
SCH# 2013031040
Document Details ReAt
State Clearinghouse Dat-~ase
Project Title Miles Pacific Subdivision-CT 12-01 I COP 12-15/ PUD 12-06
Lead Agency Carlsbad, City of
Type MND Mitigated Negative Declaration
Description Request for the adoption of a MND and Mitigation Monitoring and Reporting Program, and the approval
of a Tentative Tract Map, Coastal Development Permit, and Planned Development Permit to allow the
demolition of a single family residence, storage building, and green house structures, and to subdivide
and grade a 5.4 acre site into sixteen single-family residential lots, one private street lot, and two
---------61o-retentTon5asin-lms~-ResraentralaWelling1:fnitSirfcluaing arcfiitecture ana-plotting arenorproposed-·
with this project.
Lead Agency Contact
Name
Agency
Phone
email
Address
Greg Fisher
City of Carlsbad
760 602 4629 Fax
City
Planning Department
1635 Faraday Avenue
Carlsbad State CA
Project Location
County
City
Region
Lat I Long
Cross Streets
Parcel No.
Township
San Diego
Carlsbad
33° 10' 20" N /11JO 20' 44" W
Las Flores Drive
156-351-03, 07 & 08
Range
Proximity to:
Highways Hwy 5 & 78
Airports McClellan I Palomar
Railways NCTO
Section
Waterways Pacific Ocean, Buena Vista Lagoon, Agua Hediona Lagoon
Schools Carlsbad USD
Land Use Various
Zip 92008
Base
Project Issues AestheticNisual; Agricultural Land; Air Quality; Archaeologic-Historic; Coastal Zone;
Drainage/Absorption; Geologic/Seismic; Noise; Toxic/Hazardous; Traffic/Circulation; Vegetation; Water
Quality; Other Issues
Reviewing Resources Agency; California Coastal Commission; Department of Fish and Wildlife, Region 5;
Agencies Department of Parks and Recreation; Department of Water Resources; California Highway Patrol;
Caltrans, District 11; Regional Water Quality Control Board, Region 9; Department of Toxic
Substances Control; Native American Heritage Commission; Public Utilities Commission
Date Received 03/14/2013 Start of Review 03/14/2013 End of Review 04/12/2013
STATE OF CALIFORNIA
NATIVE AMERICAN HERITAGE COMMISSION
915 CAPITOL MALL, ROOM 364
SACRAMENTO, CA 95814
(916) 653-6251
(916) 657-5390-FAX
Mr. Greg Fisher, Planner
----City of Carlsbad~---
1635 Farraday Avenue
Carlsbad, CA 92008
Edmund G Brown Jr , Govemor
RECE\VED
RE: SCH# 2013031040 CEQA Notice of Completion; proposed Negative
Declaration)-"Miles Pacific Subdivision-CT 12-01/CDP 12-15/PUD
12-06 Project (Demolitions of One Resdence -Subdivide to 17
Residential Lots);" located in the City of Carlsbad; San Diego County,
California
Dear Mr. Fisher:
The Native American Heritage Commission (NAHC) has reviewed the CEQA
Notice regarding the above referenced project. In the 1985 Appellate Court decision
(170 Cal App 3rd 604), the court held that the NAHC has jurisdiction and special
expertise, as a state agency, over affected Native American resources impacted by
proposed projects, including archaeological places of religious significance to Native
Americans, and to Native American burial sites.
The California Environmental Quality Act (CEQA) states that any project that
causes a substantial adverse change in the significance of an historical resources, which
includes archeological resources, is a significant effect requiring the preparation of an
EIR (CEQA guidelines 15064(b)). To adequately comply with this provision and mitigate
project-related impacts on archaeological resources, the Commission recommends the
following actions be required:
Contact the appropriate Information Center for a record search to determine :If a
part or all of the area of project effect (APE) has been previously surveyed for cultural
resources, which we know that it has. The NAHC recommends that known cultural
resources recorded on or adjacent to the APE be listed in the draft Environmental Impact
Report.
If an additional archaeological inventory survey is required, the final stage is the
preparation of a professional report detailing the findings and recommendations of the
records search and field survey. We suggest that this be coordinated with the NAHC, if
possible. The final report containing site forms, site significance, and mitigation
measurers should be submitted immediately to the planning department. All information
regarding site locations, Native American human remains, and associated funerary
objects should be in a separate confidential addendum, and not be made available for
pubic disclosure pursuant to California Government Code Section 6254.10.
Contact has been made to the Native American Heritage Commission for :a Sacred
Lands File Check. A list of appropriate Native American Contacts for consultation
concerning the project site has been provided and is attached to this letter to determine
if the proposed active might impinge on any cultural resources. Lack of surface
evidence of archeological resources does not preclude their subsurface existence.
Lead agencies should include in their mitigation plan provisions for the identification
and evaluation of accidentally discovered archeological resources, per California
Environmental Quality Act (CEQA) §15064.5(f). In areas of identified archaeological
-----Ser.~sitivJty,.,-a-eectified-ar.chaeologist...ar.td-a..cultur:ally-affiliated-NaUve-.Americar~,-With----------
knowledge in cultural resources, should monitor all ground-disturbing activities.
Lead agencies should include in their mitigation plan provisions for the disposition of
recovered artifacts, in consultation with culturally affiliated Native Americans.
Lead agencies should include provisions for discovery of Native American human
remains in their mitigation plan. Health and Safety Code §7050.5, CEQA §15064.5(e),
and Public Resources Code §5097.98 mandates the process to be followed in the event
of an accidental discovery of any human remains in a location other than a dedicated
cemetery.
CC: State Clearinghouse
Attachment: Native American Contacts list
''I .:~ --.
Department of Toxic Substances Control
Matthew Rodriquez
Secretary for
Environmental Protection
Deborah 0. Raphael, Director
5796 Corporate Avenue
Cypress, California 90630
RECE-IVED . --------Aprtrs-;-201·3------·· -----------~---------· ·-·-----··-----·-
Mr. Greg Fisher
City of Carlsbad
1635 Faraday Avenue
Carlsbad, California 92008
APR 03 2013
STATE CLEARING HOUSE
Edmund G. Brown Jr.
Governor
NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION FOR MILES
PACIFIC SUBDIVISIONS, CARLSBAD, CALIFORNIA, SCH # 2013031040
Dear Mr. Fisher:
The Department of Toxic Substances Control (DTSC) has received your submitted
Mitigated Negative Declaration and Mitigation Monitoring and Reporting-Program for the
above-mentioned project. The following project description is stated in your document:
"The Project requests the adoption of Mitigated Negative Declaration and Mitigation
Monitoring and Reporting Program, and the approval of a Tentative Tract Map, Coastal
Development Permit, and Planned Development Permit to allow the demolition of a
single family residence, storage building, and green house structures, and to subdivide
and grade a 5.4 acre site into seventeen (17) single-family residential lots, one private
street lot, and two bio-retention basin lots."
The Mitigated Negative Declaration has been prepared in accordance with the California
Environmental Quality Act (CEQA)"
Based on the review of the submitted document DTSC has the following comments:
1) The Mitigated Negative Declaration should evaluate whether conditions Within
the Project area may pose a threat to human health or the environment.
Following are the databases of some of the regulatory agencies:
• National Priorities List (NPL): A list maintained by the United States
Environmental Protection Agency (U.S.EPA).
• EnviroStor (formerly CaiSites): A Database primarily used by the
California Department of Toxic Substances Control, accessible through
DTSC's website (see below).
~ Printed on Recy<;lect P<lper
Mr. Greg Fisher
April 3, 2013
Page 2
• Resource Conservation and Recovery Information System (RCRIS): A
database of RCRAfacilities that is maintained by U.S. EPA.
• Comprehensive Environmental Response Compensation and Liability
Information System (CERCUS): A database of CERCLA sites that is
maintained by U.S.EPA. -
• Solid Waste Information System (SWIS): A database provided by the
California Integrated Waste Management Board which consists of both
open as well as closed and inactive solid waste disposal facilities and .
transfer stations.·
• GeoTracker: A List that is maintained by Regional Water Quality Control
Boards.
• Local Counties and Cities maintain lists for hazardous substances cleanup
sites and leaking underground storage tanks.
• The United States Army Corps of Engineers, 911 Wilshire Boulevard,
Los Angeles, California, 90017, (213) 452-3908, maintains. a list of
Formerly Used Defense Sites !FUDS).
2) The Mitigated Negative Declaration should identify the mechanism to initiate
any required investigation and/or remediation for any site within the proposed
Project area that may be contaminated, and the government agency to provide
appropriate regulatory oversight. If necessary, DTSC would require an
oversight agreement in order to review such documents.
3) Any environmental investigations, sampling and/or remediation for a site should
be conducted under a Work Plan approved and overseen by a regulatory
agency_tbathas~jur:isdiction ~to __ oy_er_see_bazar.dous_substance clean up. The
findings of any investigations, including any Phase I or II Environmental Site
Assessment Investigations should be summarized in the document. All
sampling results in which hazardous substances were found above regulatory
standards should be clearly summarized in a table. All closure, certification or
remediation approval reports by regulatory agencies should be included in the
Mitigated Negative Declaration.
4) If buildings, other structures, asphalt or concrete-paved surface areas are being
planned to be demolished, an investigation should also be conducted for the
presence of other hazardous chemicals, mercury, and asbestos containing
materials (ACMs). If other hazardous chemicals, lead-based paints (LPB) or
products, mercury or ACMs are identified, proper precautions should be taken
during demolition activities. Additionally, the contaminants should be
remediated in compliance with California environmental regulations and
policies.
Mr. Greg Fisher
April 3, 2013
Page 3
5) Project construction may require soil excavation or filling in certain areas.
· Sampling may be required. If soil is contaminated, it must be properly disposed
and not simply placed in another location onsite. Land Disposal Restrictions
(LDRs) may be applicable to such soils. Also, if the project proposes to import .
-"""'so .... IJ·-ro-ba'cKftll1he areas exc-avate'd, sam pltrrg-sm:mtd-be condrrctea-ro-errsure--·--~·-·--·-.. -.. ·--·---·-
that the imported soil is free of contamination.
6) If the project area was used for agricultural, livestock or related activities, onsite
soils and groundwater might contain pesticides, agricultural chemical, organic
waste or other related residue. Proper investigation, and remedial actions, if
necessary, should be conducted under the oversight of and approved by a
government agency at the site prior to construction of the project.
7) Human health and the environment of sensitive receptors should be protected
during the field activities. If necessary, a health risk assessment overseen and
approved by the appropriate government agency should be conducted by a
qualified health risk assessor to determine if there are, have been, or will be,
any releases of hazardous materials that may pose a risk to human health or
the environment.
8) If it is determined that hazardous wastes are, or vyill be, generated by the
proposed operations, the wastes must be managed in accordance with the
California Hazardous Waste Control Law (California Health and Safety Code,
Division 20, Chapter6.5) and the Hazardous Waste Control Regulations
(California Code of Regulations, Title 22, Division 4.5). If it is determined that
hazardous wastes will be generated, the facility should also obtain a United
States Environmental Protection Agency Identification Number by contacting
(800) 618-6942. Certain hazardous waste treatment processes or hazardous
materials, handling, storage or uses may require authorization from the local
Certified Unified Program Agency (CUPA). Information about the requirement
for authorization can be obtained by contacting your local CUP A.
9) DTSC can provide cleanup oversight through an Environmental Oversight
Agreement (EOA) for government agencies that are not responsible parties, or
a Voluntary Cleanup Agreement (VCA) for private parties. For additional
information on the EOA orVCA, pfease_see
www.dtsc.ca.gov/SiteCieanup/Brownfields, or contact Ms. Maryam Tasnif-
Abbasi, DTSC's Voluntary Cleanup Coordinator, at (714) 484-5489.
Mr. Greg Fisher
April 3, 2013
Page4
If you have any questions regarding this letter, please contact Ms. Sue Hakim, Project
Manager, at soad.hakim@dtsc.ca.gov, or by phone at (714) 484-5381.
Sincerely,
Sue Hakim
Project Manager
Brownfields and Environmental Restoration Program
cc: Governor's Office of Planning and Research
State Clearinghouse
P.O. Box 3044
Sacramento, California 95812-3044
state.clearinghouse@opr.ca.gov.
CEQA#3733
Eeest J. Dronenburg, Je
COUNTY OF SAN DIEGO
ASSESSOR/RECORDER/COUNTY CLERK
ASSESSOR'S OFFICE
1600 Pacific Highway, Suite 103
San Diego, CA 92101-2480
Tel. (619) 236-3771 * Fax (619) 557-4056
www.sdarcc.com
RECORDER/COUNTY CLERK'S OFFICE
1600 Pacific Highway, Suite 260
P.O. Box 121750 *San Diego, CA 92112-1750
Tel. (619)237-0502 *Fax (619)557-4155
Transaction#: 290746820130315
Deputy: HA YUY AO
Location: COUNTY ADMINISTRATION BUILDING
15-Mar-2013 16:01
FEES:
50.00 Qty of I Fish and Game Filing Fee
50.00 TOTAL DUE
PAYMENTS:
50.00 Check
50.00 TENDERED
SERVICES AVAILABLE AT
OFFICE LOCATIONS * Tax Bill Address Changes
* Records and Certified Copies:
Birth/ Marriage/ Death/ Real Estate * Fictitious Business Names (DBAs)
* Marriage Licenses and Ceremonies
* Assessor Parcel Maps
* Property Ownership * Property Records
* Property Values * Document Recordings
CITY OF CARLSBAD I
MAR 19 2013
PLANNING DEPAAlMENT
SERVICES AVAILABLE ON-LINE AT
www .sdarcc.com
* Forms and Applications
* Frequently Asked Questions (FAQs)
* Grantor/ Grantee Index * Fictitious Business Names Index (DBAs)
* Property Sales
* On-Line Purchases
Assessor Parcel Maps
Property Characteristics
Recorded Documents
_,Jf~_A. CITY OF
VcARLSBAD
MAR 15 2013
H. Ayuyao
Community & Economic Development
BY DEPUTY www.carlsoaaca.gov
CASE NAME:
CASE NO:
PROJECT LOCATION:
NOTICE OF INTENT TO ADOPT A
MITIGATED NEGATIVE DECLARATION
Miles Pacific Subdivision
CT 12-01/CDP 12-15/PUD 12-06
Generally located on the west side of Pio Pico Drive near the
intersection of Pio Pico Drive and Las Flores Drive.
PROJECT DESCRIPTION: The project consists of a Tentative Tract Map (CT), Coastal Development
Permit (COP), and Planned Development Permit (PUD) to allow for the demolition of a single family
residence, storage building, and green house structures and to subdivide and grade a 5.4-acre
parcel into seventeen (17) minimum 7,500 square foot single-family residential lots, one private
street lot, and two bio-retention basin lots. Single-family residences including architecture are not
proposed for development at this time.
PROPOSED DETERMINATION: The City of Carlsbad has conducted an environmental review of the
above described project pursuant to the Guidelines for Implementation of the California
Environmental Quality Act (CEQA) and the Environmental Protection Ordinance of the City of
Carlsbad. As a result of said review, the initial study (EtA Part 2) identified potentially significant
effects on the environment, but (1) revisions in the project plans or proposals made by, or agreed
to by, the applicant before the proposed negative declaration and initial study are released for
public review would avoid the effects or mitigate the effects to a point where clearly no significant
effect on the environment would occur, and (2) there is no substantial evidence in light of the
whole record before the City that the project "as revised" may have a significant effect on the
environment. Therefore, a Mitigated Negative Declaration will be recommended for adoption by
the City of Carlsbad Planning Commission.
A copy of the initial study (EtA) documenting reasons to support the proposed Mitigated Negative
Declaration is on file in the Planning Division, 1635 Faraday Avenue, Carlsbad, California 92008.
Comments from the public are invited. Pursuant to Section 15204 of the CEQA Guidelines, in
reviewing Mitigated Negative Declarations, persons and public agencies should focus on the
proposed finding that the project will not have a significant effect on the environment. If persons
and public agencies believe that the project may have a significant effect, they should: (1) identify
the specific effect; (2) explain why they believe the effect would occur; and (3) explain why they
believe the effect would be significant. Please submit comments in writing to the Planning Division
within 30 days of the date of this notice.
The proposed project and Mitigated Negative Declaration are subject to review and
approval/adoption by the City of Carlsbad Planning Commission. Additional public notices will be
issued when those public hearings are scheduled. If you have any questions, please call Greg Fisher
in the Planning Division at (760) 602-4629.
PUBLIC REVIEW PERIOD
PUBLISH DATE
March 14, 2013 -April 15, 2013
March 14, 2013
Notice ofC letion & Envi Document Transmittal
Mail to: State Clearinghouse. P. 0. Box 3044, Sacramento, CA 95812 -(916) 445-0613 See NOTE Below:
Project Title: Miles Pacific Subdivision-CT 12-01/ COP 12-15/ PUD 12-06
Lead Agency: CITY OF CARLSBAD Contact Person: ~G~re~g:.2.-F-'-"is""h,_,er'--------
Street Address: 1635 FARADAY A VENUE Phone: (760) 602-4629 City: CARLSBAD Zip: ~=-
COUNTY
PROJECT LOCATION~
County: San Diego City/Nearest Community: _C~ar'-"ls"'b""a~d ______________________ _
Cross Streets: Las Flores Drive Total Acres: 5.4 Zip Code: 92008
Lat. I Long.: 33°1Q'20" Nl -I 17°20'44" W (Location of proposed subdivision)
Assessor's Parcel No. 156-351-03, 07 & 08
Within 2 Miles: State Hwy #: 5 & 78 Waterways: Pacific Ocean, Buena Vista Lagoon, Agua Hediona Lagoon
Airports: McCLELLAN/PALOMAR Railways: NCTD Schools: Carlsbad Unified School District
DOCUMENT TYPE:
CEQA: 0 NOP
0 Early Cons
0 Neg Dec
0 Draft EIR
LOCAL ACTION TYPE:
0 General Plan Update
0 General Plan Amendment
0 General Plan Element
0 Community Plan
DEVELOPMENT TYPE:
[8J Residential: Units l1
0 Office: Sq. Ft.
0 Commercial: Sq. Ft.
0 Industrial: Sq. Ft.
0 Educational:
0 Recreational:
0 Supplement/Subsequent 0 EIR (Prior SCH No.)
[8J Other: MND
0 Speci ftc Plan
0 Master Plan
[8J Planned Unit Development
0 Site Plan
Acres 5.4
Acres Employees
Acres Employees
Acres Employees
PROJECT ISSUES DISCUSSED IN DOCUMENT:
[8J Aesthetic/Visual 0 Flood Plain/Flooding
[8J Agricultural Land 0 Forest Land/Fire Hazard
[8J Air Quality [8J Geological/Seismic
[8J Archaeological/Historical 0 Minerals
[8J Coastal Zone [8J Noise
rgj Drainage/Absorption 0 Population/Hsg. Balance
0 Economic/Jobs 0 Public Services/Facilities
0 Fiscal 0 Recreation/Parks
NEPA: 0 NOI OTHER: 0 Joint Document
0 EA 0 Final Document
0 Draft EIS 0 Other: -------
0 FONSI
0 Rezone 0 Annexation
0 Prezone 0 Redevelopment
0 Use Permit [8J Coastal Permit
[8J Land Division (Subdivision, 0 Other:
Parcel Map, Tract Map, etc.)
0 Water Facilities: Type MGD ______ _
0 Transportation: Type _______ _
0 Mining: Mineral ____ _
0 Power: Type Watts ___ _
0 Waste Treatment: Type _______ _
0 Hazardous Water: Type _________ _
Other: 0 ------------------
0 Schools/Universities
0 Septic Systems 0 Sewer Capacity
0 Soil Erosion/Compaction/Grading
0 Solid Waste
rgj Toxic/Hazardous
[8J Traffic/Circulation
[8J Vegetation
[8J Water Quality 0 H,O Supply/Ground H,O
0
0
0
0 0
rgj
Wetland/Riparian
Wildlife
Growth Inducing
Land Use
Cumulative Effect
Other: -"'G"-H""G,__' ____ _
····································································· .... ······························································································· ······························ Present Land Use/Zoning/General Plan Use
The present land use consists of a single-family residence with nursery operations. There are miscellaneous structures
onsite associated with the nursery operation. The zoning designation is R-1, One-Family Residential Zone. The General
Plan designation is RLM, Residential Low-Medium density.
Project Description:
--
Request for the adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and the
approval of a Tentative Tract Map, Coastal Development Permit, and Planned Development Permit to allow the
demolition of a single family residence, storage building, and green house structures, and to subdivide and grade a 5.4
acre site into sixteen ( 17) single-family residential lots, one private street lot, and two bio-retention basin lots.
Residential dwelling units including architecture and plotting are not proposed with this project.
NOTE: Clearinghouse will assign identification numbers for all new projects. If a SCH number already exists for a project (e.g. from a Nolin· of
Preparation or previous draft document) please fill it in. January 200H
Resources Agency
__ Boating & Waterways
Coastal Commission
__ Coastal Conservancy
__ Colorado River Board
__ Conservation, Dept. of
__ Fish & Game
__ Forestry & Fire Protection
__ Office of Historic Preservation
Parks & Recreation
Reclamation Board
__ S.F. Bay Conservation & Development Commission
__ Water Resources (DWR)
Business, Transportation & Housing
__ Aeronautics
__ California Highway Patrol
__ CAL TRANS District# ____ _
__ Department of Transportation Planning (headquarters)
__ Housing & Community Development
__ Food & Agriculture
Health & Welfare
__ Health Services __________ _
State & Consumer Services
__ General Services
__ OLA (Schools)
Public Review Period (to be filled in by lead agency)
Lead Agency (Complete if applicable):
Consulting Firm:_,b""'H~A'-'--'-I!.!.nc"".-------------
Address: 5115 Avenida Encinas, Suite L
City/State/Zip: Carlsbad CA 92008
Contact: ___ __,R'""'o""n""'a'-"Jd~H""o"'IJ"'o""""w'""a'-J_y _________ _
Phone: UQQ_J 931-8700
Applicant: ____ --'-R'""o~b""e_,__,rt'--'-M.!..!.!!il~es"--------
Address: ----'-'18,_,3"-'3'-B=ue""'n""a'-V-'----'-"is.:.ta"-W-'-'--"a'-J_y _______ _
City /State/Zip: ___ ____,C=a"-'rl=sb=a=d,_C=A'--'-"9=2=00=8,__ ___ _
KEY
S = Document sent by lead agency
X= Document sent by SCH
~= Suggested distribution
Environmental Protection Agency
___ Air Resources Board
___ California Waste Management Board
___ SWRCB: Clean Water Grants
___ SWRCB: Delta Unit
___ SWRCB: Water Quality
___ SWRCB: Water Rights
___ Regional WQCB # __ _
Youth & Adult Corrections
___ Corrections
Independent Commissions & Offices
___ Energy Commission
_ __ Native American Heritage Commission
___ Public Utilities Commission
___ Santa Monica Mountains Conservancy
___ State Lands Commission
___ Tahoe Regional Planning Agency
___ Other ___________ _
Ending Date April 15, 2013
Date _______..,~"+---'~~'-----/_,__/ J_> ___ _
For SCH Use Only:
Date Received at SCH ______ _
Date Review Starts: ______ _
Date to Agencies ________ _
Date to SCH ----------
Clearance Date ________ _
Notes:
Memorandum
March 11, 2015
To:
From:
Re:
John Kim, Traffic Engineering Division
Mike Peterson, Development Services Manager
Clayton Dobbs, Streets/Oak
Lori Allen, Police Department
GIS Department
Greg Ryan, Fire Department
Jason Geldert, Land Use Engineering
Planning Technician
STREET NAMES FOR CT 12-01-MILES PACIFIC
( City of
Carlsbad
The following street names have been approved as a part of the final map processing for CT 12-01 -
Miles Pacific. A map delineating street locations is attached.
Private Streets:
LANAI COURT
MOANA PLACE
As much as you are able, please make sure approved street names are shown and spelled correctly on
all final map and construction drawings.
Attachment
c: Greg Fisher, Project Planner
Tecla Levy, Project Engineer
Mario Remillard, Mtce. & Opr.
Community & Economic Development
Planning Division
1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-4600 I 760-602-8560 fax
.e
CARLSBAD FIRE DEPARTMENT
FIRE PREVENTION BUREAU
Discretionary Review Checklist
PROJECT NUMBER: _C;;;__T:........:;.;;12;;_-0;;;__1;....:./-=C=D;_;_P_1=2:..._-1=5---------------
BUILDING ADDRESS: PIO PI CO DRIVE -LAS FLORES DRIVE
PROJECT DESCRIPTION: DEVELOPMENT OF 17 LOT SUBDIVISION
ASSESSOR'S PARCEL NUMBER:
FIRE DEPARTMENT -The item you have submitted for review has been
approved. The approval is based on plans, information
and/or specifications provided in your submittal;
therefore, any changes to these items after this date,
including field modifications, must be reviewed by this
office to insure continued conformance with applicable
codes. Please review carefully all comments attached,
as failure to comply with instructions in this report can
result in suspension of permit to build.
By: (i~ Date: 02.27.2013
ATTACHMENTS
By:
By:
DENIAL
Please see the attached report of deficiencies
marked with l&l. Make necessary corrections to
plans or specifications for compliance with
applicable codes and standards. Submit corrected
plans and/or specifications to this office for review.
Date:
--------Date:
By: --------Date:
FIRE DEPARTMENT CONTACT PERSON
NAME: GREGORY RYAN
DEPUTY FIRE MARSHAL
ADDRESS: 1635 Faraday Ave
Carlsbad, CA 92008
PHONE: (760) 602-4665
1ST111 2ND111 3RD[;]
• 0 D
1ST[;] 2ND111 3RD111
• 0 D
REVIEW CHECKLIST
SITE PLAN
D 1. Access:
I Fire Department access inadequate. Provide fire access road in
accordance with CMC 17.04.240. This access shall provide an
unobstructed width of 36 feet, and a unobstructed vertical clearance or
"clear -to-sky".
I Dead-End access. Dead-end streets, aisles and driveways in excess of
150 linear feet shall be constructed in such a manner that fire apparatus
can maneuver to reverse direction on the road. Or must provide
appropriately designed turn-around.
I Fire Access Road surface. The surface of all fire department access
routes shall be of an impervious "all-weather'' surface material, designed to
carry a minimum load of 75,000 pounds axel weight.
II Fire Lanes. All streets less than are designated they shall become the
responsibility of the developer to have said access restrictions recorded,
that the owner/HOA is responsible to provide and maintain the proper
identification and ensure enforcement of those designated access. Streets
36-feet or more wide curb-to curb shall be permitted to designate parking
on one side of the street. Streets less than 36-feet in width shall be
restricted and no parking is allowed.
WATER IMPROVEMENT
1. Hydrants
Additional on-site public water mains and fire hydrants are required.
I Provide additional fire hydrants at intervals of 300 feet along public streets
and/or private driveways. Hydrants should be located at street
intersections when possible, but no closer than 100 feet from the terminus
of a street or driveway.
LANDSCAPE
1. Distance form structure or building to brush.
I Indicate the distance from each structure to existing native vegetation or
wild-land area.
I Fire Control maintenance responsibility. Provide a maintenance plan
which identifies who will be responsible for periodic fire control
maintenance, how it will be accomplished, what maintenance benchmarks
or standards are proposed and how they will be documented.
I Access for emergency vehicles and maintenance. Provide access to all
designated fire suppression zones for emergency vehicles and
maintenance.
FIRE SPRINKLERS
1 SToo 2ND1ii 3Rooo
• 0 D 1. An automatic fire sprinklers are required for all single-family residences
• 0 D 2. Provide notes on all plans submitted for review that indicate that fire sprinklers are
required.
WATER METERS
• 0 D 4. You will be required to install a one inch (1'') or greater water service and water
meter. This is to ensure that there is adequate water provided in the event of a fire sprinkler activation
during periods of other uses and/or demands, e.g. irrigation.
February 8, 2013
TO:
FROM:
RE:
Greg Fisher, Assistant Planner
Chris DeCerbo, Principal Planner
Bridget Desmarais, Administrative Secretary
Sabrina Michelson, Senior Office Specialist
Michael Elliott, City of Carlsbad's Contract Landscape Architect
Landscape Architectural Review-Conceptual Review-3rd Review
Miles Pacific, CT 12-01, CDP 12-15
Pio Pico Drive
MELA file: 463 -Miles Pacific -Con3
Landscape Architect: Howard & Associates, Phone: (619) 718-9660
Please advise the applicant to make the following revisions to the plans so that they will meet the
requirements ofthe City of Carlsbad's Landscape Manual.
Numbers below are referenced on the red line plans where appropriate for ease in locating the
area of the comment concern.
REPEAT COMMENTS
1-11 Completed.
12. RETURN REDLINES and provide 2 copies of all plans (concept, water
conservation) on the next submittal.
I A. All graded areas are to be planted and irrigated per Landscape Manual requirements as
noted on the plans. Non-irrigated hydroseed does not address these requirements.
Please address. Adjust water use calculations as appropriate. 3rd Review: Please
remove the reference to "Non-Irrigated".
2A. Please clearly show and label all proposed fencing and walls on the landscape plans and
provide conceptual detailing indicating materials, heights and look. 3rd Review: Please
address the basin walls as well. Provide wall vines to soften walls over 3' in height.
3A-6A Completed.
7 A. Please provide a colored or hatched plan clearly indicating all areas to be irrigated and
showing which areas are proposed for potable versus recycled water use. This plan will
be forwarded to CMWD for review. Any comments will be returned to the applicant.
Although recycled may not currently be available in the area, HOA maintained areas
may be large enough to be designed for recycled use in the event it becomes available
in the future. Per the Landscape Manual, irrigation systems for all projects, except for
service to a single-family residence or fr.ont yard irrigation on individually metered
condos, shall be designed to use non-potable, treated recycled water, unless an
exemption is approved by the City Utilities Department. 3rd Review: Plans have been
forwarded to CMWD for review. Any comments will be returned to the applicant.
NEW COMMENTS
lB. Please provide wall vines (i.e. Fig Vine, Boston Ivy, etc.) at a maximum spacing of 10'
on center on the outside of all walls where HOA planting is to occur.
• ..
Miles Pacific
Conceptual Plan Review
February 8, 2013
Page 2
2B. The Planning Division is requesting the civil plans be revised to show the street
sidewalk on Street A being relocated to provide a parkway between the walk and street.
Please coordinate landscape plans to match. Provide an updated copy of the civil plans
with the next review for cross checking.
.
CITY OF
CARLSBAD
Police Department www.carlsbadca.gov
Date: July 20, 2012
To: Planning Tracking Desk-Planning Department
From: J. Sasway, Crime Prevention Specialist, Carlsbad Police Department
Subject: Miles Pacific-CT 12-01/CDP 12-15
Plan Review Recommendations
Carlsbad Police Department's Crime Prevention Unit has provided the following optimal security
recommendations. The purpose of this document is to safeguard property and public welfare by regulating and
reviewing the design, construction, quality of materials, use and occupancy, location, and maintenance of all
buildings and structures. The standards used in this document represent model international standards.
Crime Prevention through Environmental Design
The proper design and effective use of the built environment can lead to a reduction in the fear and incidence of
crime and an improvement in the quality of life. The proper design influences this by positively affecting human
behavior. The design includes the physical environment, the planned behavior of people, the productive use of
space and an effective crime/loss prevention program.
Natural Surveillance
1. Place and design physical features to maximize visibility. This will include building orientation, windows,
entrances, walkways, landscape trees and shrubs, fences and any other physical obstruction.
2. Design the placement of persons and or activities to maximize surveillance possibilities.
3. Design lighting that provides for appropriate nighttime illumination of walkways, entrances and
driveways.
Natural Access Control
1. Use walkways, pavement, lighting and landscaping to clearly guide guests to and from selected entrances.
2. Use real or symbolic barriers like fences or landscaping to prevent and or discourage access to or from
dark and or unmonitored areas.
Provisions for territorial reinforcement
1. Use pavement treatments, landscaping and fences to define and outline ownership or property.
Lighting
1. Equip building on all sides with light fixtures. White florescent lights allow the best vision.
2. Install lights on the building in the eaves to illuminate the perimeter of the house.
3. Choose light fixtures with dawn to dusk sensors or timers not motion sensors.
Landscaping
1. Plan a landscaping design that enhances surveillance and security.
~ 2560 Orion Way, Carlsbad, CA 92010-7240 T 760-931-2100 F 760-931-8473 ®
2. Tree canopies should be no lower than six (6) feet and should not allow access to roofs or balconies.
3. Ensure landscaping plan does not deter from lighting and addressing.
4. Plant only low profile shrubs that can be maintained below two (2) feet.
5. Use security plants where necessary to prevent entering and tampering.
6. Install walls and fences that are see-through and enhance surveillance.
7. Install lockable gates that allow surveillance.
Addressing
1. Locate numerals where they are clearly visible from the front street
2. Contrast the numeral's color to the background on which it is affixed.
3. Numerals shall be no less than four (4) inches in height and illuminated during the hours of darkness.
Entrances
1. Allow front entrance design to provide vision from the front door to the front access street.
Removing the main entrance from the front street and blocking it with a breezeway, door and/or
courtyard takes the resident's eyes and ears off the street reducing the residents ability to protect
themselves and provide surveillance for their neighbors thus decreasing the overall security of the
neighborhood and decreasing the quality of life for the resident.
2. Keep entranceways clear of clutter.
Doors
1. Do not use of glass within 42 inches of a locking device.
2. A single or double door shall be equipped with a double cylinder dead bolt with a bolt projection
exceeding one inch or a hook-shaped or expanding dead bolt that engages the strike sufficiently to prevent
spreading. The dead bolt lock shall have a minimum of five-pin tumblers and a cylinder guard.
3. Install wooden doors of solid core construction with a minimum thickness of one and three-fourths (1-3/4)
inches.
4. Provide a double door inactive leaf with metal flush bolts having a minimum embedment of five-eighths
(5/8) of an inch into the header and footer of the doorframe.
Strike Plates
1. Reinforce all dead bolt strike plates. Choose Strike plates constructed of a minimum 16 U.S. gauge steel,
bronze, or brass and secure it to the jamb by a minimum of two screws, which should penetrate at least
two (2) inches into the solid backing beyond the surface to which the strike is attached. Re-enforcement
of the door area around the lock is also suggested.
Viewer
1. Arrange entrance doors so that the occupant has a view of the area immediately outside the door without
opening the door. Except doors requiring a fire protection rating that prohibits them, such a view may be
provided by a door viewer having a field of view of not less than 190 degrees. Mounting height should not
exceed fifty-four (54) inches from the floor.
Windows and sliding glass doors
1. All exterior sliding glass doors and windows should be equipped with locking devices which will keep the
sliding panel of the door or window from being opened from the outside horizontally or vertically.
2. Ensure windows have security features preventing the window from being forced to slide or rise.
..
Alarm system
1. When considering an alarm system, consider a verified system.
This information is a representation of information gathered on a national level. The purpose is to provide
effective and consistent information. If you would like additional assistance concerning building security or
employee security issues, please contact the Crime Prevention Unit at (760) 931-2105.
By, Jodeene R. Sasway
Crime Prevention Specialist
Carlsbad Police Department
{760) 931-2195
CARLSBAD FIRE DEPARTMENT
FIRE PREVENTION BUREAU
Discretionary Review Checklist
PROJECT NUMBER: CT 12-01 I COP 12-15 ~~~~-------------------------------------------------
BUILDING ADDRESS: PIO PICO 'JRIVE-LAS FLORES DRIVE
PROJECT DESCRIPTION: DEVELOPMENT OF 17 LOT SUBDIVISION
ASSESSOR'S PARCEL NUMBER:
FIRE DEPARTMENT
APPROVAL
The item you have submitted for reviev' has been
approved. The approval is based on plans, information
and/or specifications provided in your submittal;
therefore, any chdnges to these items after this date,
including field modifications, must be reviewed by this
office to insure continued conformance with applicable
codes. Please review carefully all comme· 's attached,
as failure to comply with instructions in th:., report can
result in suspension of permit to build.
By: Date:
ATTACHMENTS
By:
By:
DENIAL
Please see the attached report of deficiencies
marked with r8l Make necessary corrections to
plans or specifications for compliance with
applicable codes and standards. Submit corrected
plans and/or specifications to this office for review.
Date: 07.09.2012
---------------Date:
---------------Date:
FIRE DEPARTMENT CONTACT PERSON
NAME:
ADDRESS:
PHONE:
GREGORY RYAN
---o=-=E=fJ·· :Y FIRE MARSHAL
___ ----.,_1_635 Faraday Ave
Car:-::Jad, ~A=~JL
·,;I
..!
REVIEW CHECKLIST
SITE PLAN
1ST •· 2 ND:r 3 RD·:,,
• D D D 1. Access:
\6 ~e Department access inadequate. Provide fire access road in accordance
with CMC 17.04.240. This access shall provide qq,unobstructed width of 36
feet, and a unobstructed vertical clearance or ."cle.ar-to-sky''.
( Dead-End access. Dead-end streets, aisles and driveways in excess of 150
linear feet shall be constructed in such a manner that fire apparatus can
maneuver to reverse direction on the road. Or must provide appropriately
designed turn-around. 1
I
'1 '(' Fire Access Road surface. The surface of all fire department access routes
?nhall b.:. vf an impervious "all-weather" surface m"''c:rial, designed to carry a
minimum load of 75,000 pounds axel weight.
'if Fire Lanes. All streets less than are designated t;,_.y shall become the
responsibility of the developer to have said access restrictions recorded, that
the owner/HOA is responsible to provide al)d ma;. , . .,.in the proper identification
and ensure enforcement of those designated access. Streets 36-feet or more
wide curb-to curb shall be permitted to designate parking on one side of the
street. Streets Jess than 36-feet in width shall be restricted and no parking is
allowea.
WATER IMPROVEMENT
1ST: 2ND: 3RD::>:
• D D 1. Hydrants
1 Additional on-site public water mains and fire hydrants are required.
j ~ Provide additional fire hydrants at intervals of 300 1,:;et along public streets
and/or private driveways. Hydrants should be lor .. ::~d at street intersections
when possible, ~ut no closer than 1 00 feet from the terminus of a street or
driveway.
LANDSCAPE
1ST, 2NDr;, 3 RDrcJ
• 0 D 1. Distance form structure or building to brush.
i Indicate the distance from each structure to existing native vegetation or
wildland area.
~ Fire Control maintenance responsibility. Provide a· maintenance plan which
identifies who will be responsible for periodic fire·· .1trol maintenance, how it
will be accomplished, what maintenance benchmarks or standards are
proposed and how they will be documented.
¥ Access for emergency vehicles and maintenance. Provide access to all
designated fire suppression zones for emergency vehicles and maintenance.
FIRE SPRINKLERS
1ST' 2ND•": 3RD!1ii
• 0 0 1. An automatic 1 .. e sprinklers are required for all single-farr11ly residences
-· ,"
•
•
D D 2. Provide notes on all plans submitted for review that indicate that fire sprinklers are
required. ··;r
WATER METERS
D D 4. You will be required to install a one inch (1") or greater water service and water
meter. This is to ensure that there is adequate water provided in the event of a fire sprinkler activation
during periods of other uses and/or demands, e.g. irrigation.
I
_4f~~ CITY OF
VcARLSBAD
e
Community & Economic Development
PLANNING COMMISSION
NOTICE OF DECISION
June 20, 2013
Rod Bradley
BHA, Inc.
Suite l
5115 Avenida Encinas
Carlsbad CA 92008
SUBJECT: CT 12-01/PUD 12-08/CDP 12-15 -MILES PACIFIC
• f\1\W-t ell l2 \ ~w 1 1 b
FILE COPY
www.carlsbadca.gov
At the June 19, 2013 Planning Commission meeting, your application was considered. The Commission
voted 3-1 (Commissioner L'Heureux) to approve your request. The decision of the Planning Commission
is final on the date of adoption unless a written appeal to the City Council is filed with the City Clerk
within ten (10) calendar days in accordance with the provisions of Carlsbad Municipal Code section
21.54.150. The written appeal must specify the reason or reasons for the appeal.
If you have any questions regarding the final dispositions of your application, please contact your project
planner Greg Fisher at (760) 602-4629 or greg.fisher@carlsbadca.gov.
Sincerely,
Q/t
DON NEU, AICP
City Planner
DN:GF:bd
c: Data Entry
File
enc: Planning Commission Resolutions No. 6985, 6986, 6987, and 6988
Planning Division
.J~A._ CITY OF
VcARLSBAD
Community & Economic Development
May 28,2013
Rod Bradley
BHA, Inc.
5115 Avenida Encinas, Suite L
Carlsbad CA 92008
SUBJECT: CT 12-01/PUD 12-08/CDP 12-15-MILES PACIFIC SUBDIVISION
F\LE COPY
www.carlsbadca.gov
The preliminary staff report for the above referenced project will be sent to you via email on Wednesday, June 5,
2013, after 8:00 a.m. This preliminary report will be discussed by staff at the Development Coordinating
Committee (DCC) meeting which will be held on June 10, 2013. A twenty (20) minute appointment has been set
aside for you at 9:30 a.m. If you have any questions concerning your project you should attend the DCC
meeting.
It is necessary that you bring the following required information with you to this meeting or provide it to your
planner prior to the meeting in order for your project to go forward to the Planning Commission:
1. Unmounted colored exhibit(s) of your site plan and elevations; and
2. A PDF of your colored site plan and elevations.
The colored exhibits .!!!Y!t be submitted at this time to ensure review by the Planning Commission at their
briefings. If the colored exhibits are not available for their review, your project could be rescheduled to a later
time. The PDF of your colored site plan and elevations will be used in the presentation to the Planning
Commission and the public at the Planning Commission Hearing. If you do not plan to attend this meeting,
please make arrangements to have your colored exhibit(s) and the PDF here by the scheduled time above.
Should you wish to use visual materials in your presentation to the Planning Commission, they should be
submitted to the Planning Division no later than 12:00 p.m. on the day of a Regular Planning Commission
Meeting. Digital materials will be placed on a computer in Council Chambers for public presentations. Please
label all materials with the agenda item number you are representing. Items submitted for viewing, including
presentations/digital materials, will be included in the time limit maximum for speakers. All materials exhibited
to the Planning Commission during the meeting (slides, maps, photos, etc.) are part of the public record and
must be kept by the Planning Division for at least 60 days after final action on the matter. Your materials will be
returned upon written request.
If you need additional information concerning this matter, please contact your Planner, Greg Fisher at (760) 602-
4629 or by email at greg.fisher@carlsbadca.gov.
DON NEU, AICP
City Planner
DN:GF:bd
c: File Copy
Project Engineer
Planning Division
1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559
Community & Economic Development
May 22,2013
BHA, Inc.
Attn: Rod Bradley
5115 Avenida Encinas, Suite l
Carlsbad, CA 92008
SUBJECT: CT 12-01/PUD 12-08/CDP 12-15-MILES PACIFIC SUBDIVISION
LJ FILE
www.carlsbadca.gov
Your application has been tentatively scheduled for a hearing by the Planning Commission on June 19,
2013. However, for this to occur, you must submit the additional items listed below. Please submit the
following documents by June 3, 2013. In the event the scheduled hearing date is the last available date
for the City to comply with the Permit Streamlining Act, and the required items listed below have not
been submitted, the project will be scheduled for denial.
1. Please submit the following plans:
A) 10 copies of your (site plan/tentative map, landscaping, etc.) on 24" x 36" sheets of
paper, stapled in complete sets folded into 8Yz' x 11" size.
B) One 8Yz" x 11" copy of your reduced plans. These copies must be of a quality which is
photographically reproducible. These can be sent as a PDF or similar format.
2. As required by Section 65091 of the California Government Code, please submit the following
information needed for noticing and sign the enclosed form:
A) 600' Owners List - a typewritten list of names and addresses of all property owners
within a 600 foot radius of the subject property, including the applicant and/or owner.
The list shall include the San Diego County Assessor's parcel number from the latest
equalized assessment rolls.
B) 100' Occupant List-(Coastal Development Permits Only) a typewritten list of names and
addresses of all occupants within a 100 foot radius of the subject property, including the
applicant and/or owner.
C) Mailing Labels -two (2) separate sets of mailing labels of the property owners within a
600 foot radius of the subject property. The list must be typed in all CAPITAL LETIERS,
left justified, void of any punctuation. For any address other than a single family
residence, an apartment or suite number must be included but the Apartment, Suite
and/or Building Number must NOT appear in the street address line. DO NOT type
assessor's parcel number on labels. DO NOT provide addressed envelopes -PROVIDE
lABElS ONlY. Acceptable fonts are: Arial11 pt, Arial Rounded MT Bold 9 pt, Courier 14
pt, Courier New 11 pt, and MS line Draw 11 pt. Sample labels are as follows:
~; Planning Division
· ·...-1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559
e CT 12-01/PUD 12-08/CDP 12-15-MILES PACIFIC SUBDIVISION
May 22,2013
Page 2
UNACCEPTABLE
Mrs. Jane Smith
123 Magnolia Ave., Apt #3
Carlsbad, CA 92008
UNACCEPTABLE
Mrs. Jane Smith
123 Magnolia Ave.
Apt. #3
Carlsbad, CA 92008
ACCEPTABLE
MRS JANE SMITH
APT3
123 MAGNOLIA AVE
CARLSBAD CA 92008
D) Radius Map -a map to scale, not less than 1" = 200', showing all lots entirely and
partially within 600 feet of the exterior boundaries of the subject property. Each of
these lots should be consecutively numbered and correspond with the property owner's
list. The scale of the map may be reduced to a scale acceptable to the Planning Director
if the required scale is impractical.
E) Fee-a fee shall be paid for covering the cost of mailing notices. Such fee shall equal the
current postage rate times the total number of labels. Cash check (payable to the City
of Carlsbad) and credit cards are accepted.
Sincerely,
-~~-G~;
Assistant Planner
GF:sm
Attachment
~lfJub ~JJ.~oJr:; e _4~~ CITY OF
VcARLSBAD
LJ FILE
Planning Division www.carlsbadca.gov
February 26, 2013
BHA, Inc.
Attn: Rod Bradley
5115 Avenida Encinas, Suite L
Carlsbad, CA 92008
SUBJECT: CT 12-01/PUD 12-06/CDP 12-15-MILES PACIFIC SUBDIVISION
Dear Rod,
· Your project was deemed complete on December 31, 2012. However, there are a few issues of concern
with the project that remain to be resolved. The issues are listed on the attached page(s). All issues will
need to be resolved prior to scheduling the project for a public hearing.
Please contact me at (760) 602-4629, if you have any questions or wish to set up a meeting to discuss
the application.
Sincerely,
.~~
GREG FISHER
Assistant Planner
GF:sm
Attachments
c: Robert Miles, 1833 Buena Vista Way, Carlsbad, CA 92008
Chris DeCerbo, Team Leader
Tecla Levy, Project Engineer
File Copy
Data Entry
®
e CT 12-01/PUD 12-06/CDP 12-15-MILES PACIFIC SUBDIVISION
February 26, 2013
Pa e 2
ISSUES OF CONCERN
Planning:
1. Pursuant to Section 21.45.050 (C.4) of the CMC, private streets are required to have parkways
which are located between the curb and the sidewalk. As shown on the plans, the sidewalk is
incorrectly located adjacent to the curb. Please revise the plans to reflect compliance with this
Planned Development standard.
2. Pursuant to the City's lnclusionary Housing Ordinance, Chapter 21.85.030 of the CMC, 15% of
the total units approved shall be constructed and restricted both as to occupancy and
affordability to lower-income households. Accordingly, for this project which includes 17
market rate DUs, three inclusionary DUs are required. However, pursuant to Chapter 21.85.070
of the Carlsbad Municipal Code, alternatives to the construction of inclusionary units may be
approved at the sole discretion of the City Council. To date, we have not received any
correspondence you may have had between yourself and the Housing & Neighborhood Services
Department regarding this matter and fulfilling the project's inclusionary housing requirements.
If you have not already done so, please meet with Housing & Neighborhood Services Department.
There recommendations for satisfying the project's lnclusionary Housing requirements are required
prior to scheduling the project for a public hearing.
Engineering:
1. Please refer to the attached red-lines.
Landscaping:
1. Please refer to the attached red-lines.
Planning Division
January 9, 2013
BHA, Inc.
Attn: Rod Bradley
5115 Avenida Encinas, Suite L
Carlsbad, CA 92008
LJ FILE
www.carlsbadca.gov
SUBJECT: CT 12-01/PUD 12-06/CDP 12-15-MILES PACIFIC-CALIFORNIA ENVIRONMENTAL QUALITY
ACT (CEQA) APPLICABILITY/PROCESS DETERMINATION
This is to advise you that after reviewing the application for the project referenced above, the City has
determined that the following environmental review process (pursuant to CEQA) will be required for the
project:
The project is subject to the provisions of CEQA. Based on the City's analysis of the proposed project,
the following CEQA documentation/process is required for the project (fees effective January 1, 2013):
A MITIGATED NEGATIVE DECLARATION (MND) will be prepared for the project pursuant to the
provisions of CEQA. An Environmental Impact Assessment Fee of $1,622 to process the CEQA
documentation was paid with the initial submittal. However, it has been determined that a Green
House Gas (GHG) Emissions Study will be required in order for staff to complete the MND. Pursuant to
Appendix G of the CEQA environmental checklist, the City of Carlsbad is required to analyze a project's
impacts on the environment as it relates to Green House Gas Emissions. Therefore, please provide a
GHG emission study for the 17 unit residential project.
For additional information related to this CEQA applicability/process determination, please contact the
project planner, Greg Fisher, at (760) 602-4629 or greg.fisher@carlsbadca.gov.
DON NEU, AICP
. City Planner
DN:GF:sm
c: Chris DeCerbo, Principal Planner
Tecla Levy, Project Engineer
File Copy
Data Entry
T 760-602-4600 F 760-602-8559
Planning Division
December 31, 2012
BHA, Inc.
Attn: Rod Bradley
5115 Avenida Encinas, Suite L
Carlsbad, CA 92008
a FILE
www.carlsbadca.gov
SUBJECT: tfOREVIEW FOR CT 12-01/CDP 12-15/PUD 12-06-MILES PACIFIC SUBDIVISION
The items requested from you earlier to make your Carlsbad Tract Map, Coastal Development Permit,
and Planned Development Permit application nos. CT 12-01/CDP 12-15/PUD 12~06 complete have been
received and reviewed by the Planning Division. It has been determined that the application is now
complete for processing. Although the initial processing of your application may have already begun,
the technical acceptance date is acknowledged by the date of this communication.
Please note that although the application is now considered complete, there may be issues that could be
discovered during project review and/or environmental review. Any issues should be resolved prior to
scheduling the project for public hearing. In addition, the City may request, in the course of processing
the application, that you clarify, amplify, correct, or otherwise supplement the basic information
required for the application.
At this time, the City asks that you provide four complete sets of the development plans so that the
project can continue to be reviewed. The City will complete the review of your resubmittal within 25
days.
In order to expedite the processing of your application, you are strongly encouraged to contact your
Staff Planner, Greg Fisher, at (760) 602-4629, to discuss or to schedule a meeting to discuss your
application and to completely understand this letter. You may also contact each commenting
department individually as follows:
• Land Development Engineering Division: Tecla Levy, Associate Engineer, at (760) 602-2733.
• Fire Department: Gregory Ryan, Fire Inspections, at (760) 602-4661.
Sincerely, ~De~
CHRIS DeCERBO
Principal Planner
CD:GF:sm
c: Robert Miles, 1833 Buena Vista Way, Carlsbad, CA 92008
Don Neu, City Planner
Tecla levy, Project Engineer
Chris DeCerbo, Principal Planner
File Copy
Data Entry
1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559
e
CT 12-01/CDP 12-15/PUD 12-06-MILES PACIFIC SUBDIVISION
December 31, 2012
Pa e 2
ISSUES OF CONCERN
Planning:
1. Street "A" must provide a minimum right-of-way width of 56 feet and only 54 feet is shown on
the site plan. The Planned Development ordinance also requires both a minimum 5.5 foot
parkway and 5 foot sidewalk setback 6 inches from property line. Please review Section
12.45.060 (Table C) of the C.M.C regarding private streets and the minimum right-of-way width
requirements. The minimum curb-to-curb width of 34 feet shown on the site plan is consistent
with the PD development standards, however, is superseded by the Fire Department's more
restrictive minimum curb-to-curb width of 36 feet. Please see the attached Fire Department
comments dated 7/9/12 requiring a minimum curb-to-curb width of 36 feet.
2. Street "B" should be designated as a drive-aisle as it does not meet the minimum right-of-way
width requirements for a private street. Please refer to Reference NO. C.5 pf the PD ordinance
for drive aisle development standards including parkways/sidewalks, and enhanced decorative
pavement requirements. A sidewalk will be required on one side of the drive-aisle to serve lots
12 through 15. In addition, please show decorative pavement for a portion ofthe drive-aisle.
3. Lots 13, 14, 15 and 17 do not meet the minimum rear yard setback requirements based on their
lot widths. Please correct this information on the site plan as well as the summary table on
Sheet 2. As a reminder, the rear yard setback is 20% of the lot width measured at the front yard
setback.
4. Regarding Sheet 1, the proposed sewer line located between lots 9 and 19 appears to be shown
as a separate lot, please clarify.
5. Depending on the width of the right-of-way for Street "A", guest parking may be restricted to
one side of the street. No parking will be allowed on the drive-aisle. Please refer to the
attached Fire Department comments.
6. Please update the conceptual landscape plan to reflect the required parkway/sidewalk
requirements.
7. Please include the City's assigned Planned Development Permit application number (PUD 12-06)
on the next submittal.
Engineering:
1. The site plan shows two bioretention facilities with impermeable liner. This is consistent with
the soils engineer's recommendation on page 44 stating that no infiltration system should be
installed within 8 feet of the walls or other structures. The impermeable liner will prevent
infiltration of run-off into the native soil type 11B". However, the BMP sizing factors for
bioretention facilities allows infiltration through the native soil. Lined bioretention should be
modeled as flow-through planter in the BMP calculator. The sizing factors appropriate for lined
bioretention should be that of the flow-through planter, assuming soil type "D" (no infiltration)
from SDHMP Table7-l. Please revise the sizing calculations using the flow-through planter sizing
factors from SDHMP Table7-1 or explore other BMP design options such as bioretention plus
vault.
------~-~----
\
e
CT 12-01/CDP 12-15/PUD 12-06-MILES PACIFIC SUBDIVISION
December 31, 2012
Page 3
2. Please comply with other comments shown in red in the SWMP report and on the site plan.
Resubmittal:
3. Please submit the following documents in the next review submittal:
a) 1 copy of the revised preliminary site plan
b) One copy each of the revised SWMP
c) 2nd review redlined plans and red-lined SWMP
Landscaping:
See Attachment
Fire Comments:
See Attachment
a FILE
Planning Division www.carlsbadca.gov
July 31, 2012
BHA, Inc.
Attn: Rod Bradley
5115 Avenida Encinas, Suite L
Carlsbad, CA 92008
SUBJECT: 1st REVIEW FOR CT 12-01/CDP 12-15-MILES PACIFIC
Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Division has reviewed
your Carlsbad Tract Map and Coastal Development Permit, application nos. CT 12-01/CDP 12-15, as to
its completeness for processing.
The application is incomplete, as submitted. Attached are two lists. The first list is information which
must be submitted to complete your application. The second list is project issues of concern to staff. In
order to expedite the processing of your application, the "incomplete" items and your response to the
project issues of concern to Staff must be submitted directly to your staff planner; therefore, please
contact your staff planner directly to schedule a re-submittal appointment. As part of your re-submittal
package, please prepare and include with your re-submittal: (1) a copy of these lists, (2) a detailed letter
summarizing how all identified incomplete items and/or project issues have been addressed; and (3) five
(5) sets of revised plans. No processing of your application can occur until the application is determined
to be complete.
When all required materials are submitted, the City has 30 days to make a determination of
completeness. If the application is determined to be complete, processing for a decision on the
application will be initiated. In addition, please note that you have six months from the date the
application was initially filed, July 5, 2012, to either resubmit the application or submit the required
information. Failure to resubmit the application or to submit the materials necessary to determine your
application complete shall be deemed to constitute withdrawal of the application. If an application is
withdrawn or deemed withdrawn, a new application must be submitted.
In order to expedite the processing of your application, you are strongly encouraged to contact your
Staff Planner, Greg Fisher, at (760) 602-4629, to discuss or to schedule a meeting to discuss your
application and to completely understand this letter. You may also contact each commenting
department individually as follows:
• Land Development Engineering Division: Tecla Levy, Associate Engineer, at (760) 602-2733.
• Fire Department: Greg Ryan, Fire Inspections, at (760) 602-4661.
Sincerely,
~ER?o~
Principal Planner
CD:GF:sm
1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ®
Ci:t2-01:/CDP 12-15-MILE,ACIFIC
July ~1, 2012
Page 2
Attachments
c: Robert Miles, 1833 Buena Vista Way, Carlsbad, CA 92008
Don Neu, City Planner
Tecla Levy, Project Engineer
Chris DeCerbo, Principal Planner
File Copy
Data Entry
-·
CT 12-01/CDP 12-15-MILE,ACIFIC
July 31, 2012
Page 3
LIST OF ITEMS NEEDED
TO COMPLETE THE APPLICATION
Planning:
1. Please correct the tentative map as it identifies the proposed streets as both public and private.
Projects proposing private streets require the approval of a Planned Development Permit. The
application fee for a Planned Development Permit is $7,845.00. If the proposed streets are
intended to be private, a PD application must be submitted prior to the application moving
forward.
2. Noise Study: Pursuant to the Carlsbad General Plan and Noise Guidelines Manual, a noise study
is required for all discretionary permits containing 5 or more dwelling units located within or
500-feet beyond the 60 dB{A) CNEL noise contour line of the Noise Contour Map approved as
part of the Carlsbad General Plan. If required by the study, the project will be conditioned to
mitigate identified traffic noise impacts from Interstate 5 or Jefferson Street. The project site
and all future homes must comply with the residential exterior noise standard of 60 CNEL and
interior noise standard of 45 CNEL.
3. Biological Resources Report: Although the subject site has been used for agricultural purposes
for several decades, please provide a biological letter identifying any habitat on any portion of
the site. The applicant will be required to pay habitat in lieu mitigation fees as required per the
City's Habitat Management Plan and a biological report or abbreviated biological letter is
required to determine the appropriate fee. Mitigation ratios for impacts to HMP habitats are
listed within Table 11, page D-113 of the City's Habitat Management Plan. The biological report
or abbreviated biological letter is also required to help staff make an environmental
determination (i.e. EIR, Mitigated Negative Declaration) for the project.
4. Constraints Map: Please prepare and submit a constraints map. The constraints map is
necessary to determine the developable acreage of the site pursuant to Section 21.53.230 of the
Carlsbad Municipal Code and the resulting allowable number of residential lots, given the sites
Growth Management Growth Control Point of 3.2 dwelling unit/acre.
5. Cultural Resource Study: A cultural resource study is necessary to make an environmental
determination (i.e. EIR, Mitigated Negative Declaration) and one was not provided with the
application. Other properties in the vicinity of the subject site are known to have cultural
resources therefore the study is required.
Engineering:
1. Please provide a preliminary soils report that identifies site soil, geologic conditions and
provides preliminary grading recommendations. The soils report must verify the type of soil to
validate the type B soil used in the preliminary hydrology report and SWMP report. It must also
include infiltration rate testing to determine infiltration rate of the underlying soil at the
proposed bioretention area.
CT 12-01/CDP 12-15-MILE,ACIFIC
July 31, 2012
Page4
Planning:
ISSUES OF CONCERN
1. Provide a summary table showing compliance with the following information for each lot: lot
number; lot size; lot width (as measured from the front yard setback line 20 feet back from P/L);
required and proposed front, interior side, street side, and rear yard setbacks. If needed, staff
can provide an example of the summary table format regarding the above information.
2. The project description is not consistent with the tentative mr~p. The lot sizes and grading
quantities shown on the tentative map are inconsistent with the project description, please
correct.
3. Pursuant to the City's lnclusionary Housing Ordinance, Chapter 21.85.030 of the CMC, 15% of
the total units approved shall be constructed and restricted both as to occupancy and
affordability to lower-income households. Accordingly, for this project which includes 17
market rate DUs, three inclusionary DUs are required. However, pursuant to Chapter 21.85.070
of the Carlsbad Municipal Code, alternatives to the construction of inclusionary units may be
approved at the sole discretion of the City Council. Please submit any correspondence you may
have had between yourself and the Housing & Neighborhood Services Department regarding
this matter and fulfilling the project's inclusionary housing requirements.
4. The project is subject to Planning Division Administrative Policy No. 37, "lnfill Residential
Projects" and the application should comply with the submittal requirements of Policy 37. A
copy of the policy can be obtained at the City's website.
5. Please include the City's project numbers on future submittals, CT 12-01/CDP 12-15 in the upper
right hand corner of all plans (tentative tract map, landscaping, etc.). Also include the Planned
Development Permit number (if required) once it has been assigned by the City.
6. Please provide the building materials for all proposed walls. All exposed walls should have a
finished appearance.
7. The tentative tract map has been routed to Caltrans for their review. Please provide any written
correspondence, if any, received from Caltrans regarding the proposed subdivision.
8. Although residential structures are not being proposed at this time, staff is reviewing the
minimum setback requirements for each lot in accordance with the R-1 zone. Regarding Lots 14
and 15, the required front yard setbacks as shown on the tentative map are incorrect and do not
comply with Sections 21.10.060 and 21.04.385 of the C.M.C. The front yard, from which the
front yard setback is measured, extends across the full width of the lot. As shown on the site
plan, the front yard setback complies with only a portion of each lot. Furthermore, Lot 15 is
considered a "key lot" and by definition only requires a 15 foot front yard setback. Please
identify the correct front yard setback area(s) for both Lots 14 and 15.
9. Regarding Lot 17, please provide the required interior setback along the eastern property line as
it was omitted from the site plan.
~-
CT 12-01/CDP 12-15-MILEICIFIC
July 31, 2012
Page 5
Engineering:
A) Site Plan:
1. The proposed bioretention detail shown on the preliminary grading shows a proposed CSP inlet
with two 2" diameter drawdown holes/orifices located the bottom of the bioretention basin.
These orifices will allow water quality run-off to drain into the inlet, preventing infiltration into
the treatment layer of the bioretention basin. For an integrated management practices (IMP), a
ponding depth, V1, is required to allow run-off to infiltrate though an engineered soil for
treatment. The 2-2" orifices provided at the bottom of the bioretention basin must be deleted
or raised to provide adequate ponding depth (V1)sized using sizing factor provided in the HMP.
This will allow V1 run-off to infiltrate into the soil for treatment. Provide drawdown calculations
to show that the ponded depth (V1) will drain within 72 hours into the native soil. Use the
infiltration rate of the soil provided by the soil's engineer.
2. The proposed CSP inlet detail shown on the plan does not have mechanism to prevent orifice
clogging and does not provided for easy long term maintenance of the facility. The CSP inlet
structure with grate is typically used for temporary desilting basins. The proposed bioretention
basin is a permanent treatment and hydromodification facility which requires proper perpetual
maintenance. The outlet structure must provide easy access to the orifices for proper
maintenance. Use a standard bioretention outlet structure with orifice provided in the City
SUSMP, or a modified standard concrete Type F catch basin.
3. The bioretention outlet structure detail does not show a flow control orifice that satisfies
hydromodification sizing criteria. The 2-2" diameter orifices were not sized using continuous
simulation of range of storm events from .1Q2 to Q10. Please provide the required orifice sizing
calculations per the hydromodification sizing criteria and revise the outlet structure detail
accordingly.
4. Pio Pico is an alternative design street. Please delete proposed curb and gutter and sidewalk
within the public right of way at the project entrance.
5. On sheet 2, Street "A" is labeled as a private street. On sheet 3, Street "A" is labeled as a public
street. Please correct the discrepancies.
6. Slope drainage at the back of lots 13, 11, 10 & 9 drains into the proposed brow ditch that
discharges directly into Caltrans ROW without treatment. Landscape areas can be considered
pollutant generating due to the use of fertilizers and pesticides. Please provide narrative or
explanation in the SWMP indicating that these landscape slopes are considered self-treating not
pollutant generating and provide justifications.
7. Before any grading plans are approved, developer must obtain approval from Caltrans for the
proposed storm drain structures proposed within Caltrans ROW. To avoid redesign of the
project, the developer may want to get preliminary Caltrans approval during the discretionary
process.
8. This project will be conditioned to provide, to the satisfaction of the city engineer, a recorded
document that ensures maintenance of shared private improvements such as stormwater
treatment facilities and storm drains within the proposed subdivision.
CT 12-01/CDP 12-15-MIL.ACIFIC
July 31, 2012
Page 6
9. Meet with the Fire Department to identify the necessary fire protection measures required for
this project (access, fire hydrants, sprinkler system, etc.).
10. Comply with all other comments shown on red-lined plans.
B) Hydrology Report:
11. Revise the drawdown time calculations of the detention basin using infiltration rate of the
underlying native soil. Note that a drawdown time calculation is already incorporated in the San
Diego BMP calculator if the BMP calculator is used in sizing the IMP.
12. Comply with all other comments shown on the red-lined preliminary hydrology report.
C) SWMP Report:
13. The preliminary hydromodification analysis shows that the proposed bioretention basins were
designed using sizing factors from San Diego County Hydromodification Management Plan dated
March 2011. Note that this sizing method is not adequate to satisfy hydromodification sizing
criteria. The sizing factors provided in the HMP determine the required footprint sizes of the
bioretention areas but do not determine the required orifices sizes to comply with the flow
control requirements. A continuous simulation analysis of a series of storm events from .1Q2 to
QlO is required. using any acceptable simulation software such as SDHM or the integrated
approach using the San Diego BMP sizing calculator by Brown and Caldwell will satisfy all
requirements for TCBMP, HMP and LID facilities and is available online. Go to
http://www.projectcleanwater.org and click on the BMP sizing calculator.
14. Per SWMP report, the proposed bioretention facility is designed without an underdrain system
and is considered an infiltration BMP. Please delete the proposed 2-2" orifices at the bottom of
the bioretention facility to allow infiltration of low flows to occur. Revise drawdown time
calculations using the infiltration rate provided by the soils engineer. Show that the
bioretention/infiltration basin drains within 72 hours. As mentioned in item 9 above,
calculations are not necessary if using BMP calculator.
15. Comply with all other comments shown on the red-lined preliminary SWMP report.
Resubmittal:
16. Please submit the following documents in the next review submittal:
a) 1 copy of the revised preliminary site plan; and
b) One copy each of the revised SWMP, hydrology report; and
c) 1 copy of the preliminary soils report; and
d) 1st review redlined plans and all red-lined reports.
Landscaping:
Please advise the applicant to make the following revisions to the plans so that they will meet the
requirements of the City of Carlsbad's Landscape Manual.
-CT 12-01/CDP 12-15-MILEI.CIFIC
July 31, 2012
Page 7
Numbers below are referenced on the red line plans where appropriate for ease in locating the area of
the comment concern.
1. Please correct the north arrow.
2. Landscape plans shall include the following at a minimum:
a) Existing conditions (grades, plants, property lines, easements, right-of-ways, drainage
elements, utilities, etc.). Please show and label the property lines, easements, right-of-
ways, etc.
b) Potable and reclaimed service locations and lines.
c) All existing and proposed easements (labeled). Relocate any trees outside of public
easements.
d) All vehicular sight lines, including intersection site distance corridors (see Figures 3-A
and 3-B) and CaiTrans sight distance standards (i.e.: stopping sight distance). Show and
label all vehicular sight lines. See comment #3 below.
3. The plan shall demonstrate that plants, when installed and at maturity, will be positioned to
avoid obstructing motorists' views of pedestrian crossings, driveways, roadways and other
vehicular travel ways.
a) On collector streets and larger, landscape elements over 30 inches in height (including
planting measured at maturity) as measured from adjacent street grade are not
permitted at street corners within a triangular zone drawn from two points, 25 feet
outward from the beginning of curves.
b) At medium to high use driveways, the 30 inch height limitation applies at driveways 25
feet from the edge of the apron outward along the curb, then 45 degrees in toward the
property.
c) Ensure that landscape elements at interior private driveway intersections do not
obstruct sight lines, so that circulation and pedestrian safety can be maintained.
d) Landscape features (shrubs, trees, fencing, etc.) shall be selected to ensure that no
visual impairments or obstructions are located within the CaiTrans sight distance lines.
e) CaiTrans sight distance lines have a horizontal and vertical component (profile).
Coordinate with the civil engineer to determine the location and height restrictions
within the required sight distance area.
4. Please address landscaping of all off-site graded areas.
5. Plans indicate that all landscape areas shall be maintained by individual homeowners. Please
verify who will maintain the area across the street to the south of Lot 1 between the wall and
walk; Lot 18, Lot 19; the sewer easement to the west of Lot 9; and the area between Lots 18 and
19 at the end of the Street a cul-de-sac.
6. Please provide a minimum of one street tree for every 40' of street frontage. Trees may be
planted on center or grouped. Please adjust site plan to allow for street trees to the south of
Lot 1 across the street.
7. Street trees shall be located a minimum of three (3) feet outside the public right of way, unless
approved otherwise by the City as noted below. Please relocate street trees as appropriate.
CT 12-01/CDP 12-15-MIL-ACIFIC
July 31, 2012
Page 8
8. Please revise the slope revegetation notes as follows:
a) 3 feet or less in vertical height and adjacent to public walks or streets require at a
minimum Standard #1 (cover crop or erosion control matting.).
b) Greater than 3 feet to 8 feet in vertical height require Standards #1 (erosion control
matting shall be installed in lieu of a cover crop), #2 and #3.
c) In excess of 8 feet in vertical height require Standards #1 (erosion control matting shall
be installed in lieu of a cover crop), #2, #3 and #4.
9. Please sign the statement.
10. Please revise the ETo to 44.0
11. Please use the following formula to calculate the MAWA: MAWA = (ETo)(0.62)[(0.7 x LA)+ {0.3 x
SLA)]
12. RETURN REDLINES and provide 2 copies of all plans (concept, water conservation) on the next
submittal.
Fire and Police:
See attached comments.
-
DEPARTMENT OF TRANSPORTATION
DISTRICT 11, DIVISION OF PLANNING
4050 TAYLOR ST, M.S. 240
SAN DIEGO, CA 92110
PHONE (619) 688-6960 Flex your power!
FAX (619) 688-4299 Be energy efficient!
TTY 711
www.dot.ca.gov
June 4, 2013
Mr. Greg Fisher
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
Dear Mr. Fisher:
11-SD-5
PM 50.68
Miles Pacific
The California Department of Transportation (Caltrans) received your letter response to Caltrans
comment on the Mitigated Negative Declaration, dated May 21, 2013. Caltrans has the
following comments:
As stated in our previous comment letter, dated April16, 2013, the proposed sewer line for the
referenced project is within an existing 10 foot easement on the adjacent property (south), 5 feet
offset from Caltrans right-of-way (R/W), and directly under Caltrans proposed 10 feet high by 1
foot wide soundwall for the 1-5 North Coast Corridor (NCC) project. Based on Caltrans design
review at this time, the proposed 1-5 NCC project soundwall will be 3 feet inside the adjacent
property line (south) within the utility easement. Please see attached cross-section for the
proposed 1-5 NCC soundwall to be located on the adjacent property (south-APN #156-351-13)
to the proposed Miles Pacific project parcel.
To accommodate Caltrans future plans for the soundwall, the proposed development should
design and construct the utility to be located as close as possible to the inside/easterly edge of the
sewer easement, and should be encased in concrete to withstand construction of the 1-5 NCC
soundwall. Please direct future coordination with Caltrans 1-5 NCC Design -Majid Kharrati at
(619) 688-6729 or Fariborz Amiri at (619) 688-6963.
If you have any questions, please contact Leila Ibrahim of the Development Review Branch at
(619) 688-6802.
J COB ARMSTRONG, Branch Chief
Development Review Branch
c: Tecla Levy, City of Carlsbad
"Caltrans improves mobility across California"
•
SAN LUIS REY BAND OF MISSION INDIANS
Greg Fisher
City Planner
Planning Division
City of Carlsbad
1889 Sunset Drive • Vista, California 92081
760-724-8505 • FAX 760-724-2172
www.slrmissionindians.org
April 19, 2013
VIA ELECTRONIC MAIL
Greg.Fisher@carlsbadca.gov
1635 Faraday Avenue
Carlsbad, CA 92008-7314
RE: COMMENTS ON THE NOTICE OF INTENT TO ADOPT A MITIGATED
NEGATIVE DECLARATION FOR THE MILES PACIFIC SUBDIVISION
(CASE NO. CT 12-01/CDP 12-15/PUD 12-06)
Dear Mr. Fisher:
We, the San Luis Rey Band of Mission Indians ("Tribe"), have received and reviewed the
City of Carlsbad's ("City's") Notice of Intent to Adopt a Mitigated Negative Declaration
("MND") and all of its supporting documentation as it pertains specifically to the protection and
preservation of Native American cultural resources that may be located within the parameters of
the Miles Pacific Subdivision ("Project's") property boundaries. After our review, the Tribe
believes that with the incorporation of additional measures of mitigation for cultural resources as
proposed in this comment letter, the Project should be allowed to proceed as proposed 1•
As you are aware, we are a San Diego County Tribe whose traditional territory includes the
current cities of Oceanside, Carlsbad, Vista, San Marcos and Escondido, as well as the
unincorporated communities of northern San Diego County, such as, but not limited to,
Fallbrook and Bonsall. The Tribe is resolute in the preservation and protection of cultural,
archaeological and historical sites within all these jurisdictions.
It is the Tribe's understanding that the Project will consist of the demolition and excavation
of several existing structures established within the Project's boundaries, the subdivision, re-
grade and construction of 17 single-family residential lots on a 5.4 acre parcel. The Tribe further
understands that the Project's 5.4 acres are located on the west side of Pio Pico Drive near the
intersection of Pio Pico Drive and Las Flores Drive ("Project Site"). As the City is aware
through previous government-to-government consultations, this area is of significant cultural
1 We understand that the comment period ended on March 14, 2013; however, we respectfully request that our
comments be included in the official public record for this Project.
SLR Comments Regarding Miles Pacific Subdivision, Carlsbad, CA Page 1
importance to the Tribe and the Luisefio people due to its close proximity to the Buena Vista
Creek and known cultural resource sites and/or sacred places.
As stated earlier, the Tribe has reviewed the associated environmental documents for this
Project, including but not limited to the MND Initial Study Checklist for Cultural Resources
(Section V) and Mitigation Measures CR-1 and CR-2. Although the majority of the Tribe's
concerns are addressed within the MND, several concerns still remain for the Tribe that the Tribe
would like the City to address.
I. THE PRESENCE OF A LUISENO NATIVE AMERICAN MONITOR
DURING ALL EARTH DISTURBING ACTIVITIES IS JUSTIFIED,
AND AS SUCH, LUISENO NATIVE AMERICAN MONITORS
SHOULD BE CONTRACTED WITH DURING THIS PROJECT.
As discussed in our previous communications, the Tribe is in agreement with the City
that Luisefio Native American monitors should be utilized during ground and/or earth disturbing
activities for this Project. As stated earlier, the Tribe has reviewed the MND for this Project, as
well as conducted our own research of the Tribe's Sacred Land Files, and has spoken with our
Tribal Elders regarding the significance of the Project Site. A multitude of Native American
sacred sites are known to be within a mile radius of this Project Site and a shell
processing/cultural activity site is present within the confines of the Project's boundaries. In
addition, the presence of alluvium and colluvium soils also suggests that there is a high
probability of discovering subsurface resources at the Project Site. Therefore, the Tribe supports
the MND's Cultural Resource Mitigation Measures 2 ("CUL-2") in requiring the presence of a
Luisefio Native American monitor.
In addition, the Tribe respectfully requests that the following language of CUL-l and 2 be
modified and/or amended prior to the adoption of this MND. Currently, the CUL-l states, "If
cultural resources are encountered, the archaeologist shall have the authority to temporarily halt
or redirect grading/trenching while the cultural resources are documented and assessed." The
Tribe suggests that the sentence and/or mitigation measure in CUL-l be clarified, and/or restated
in CUL-2, that both the archaeological monitor and/or the Native American monitor may halt
ground disturbing activities if a cultural resource and/or archaeological artifact deposit or cultural
feature is discovered ... " It is imperative that Native American monitors share in the
responsibility of temporarily halting ground disturbing activities when a cultural resource or
archaeological resource are discovered in order for the resource to be properly identified and not
destroyed by heavy machinery. Therefore, the Tribe respectfully requests that the language
authorizing the temporary halting of ground disturbing activities be modified as herein stated.
II. SLR STRONGLY RECOMMENDS AND REQUESTS THAT
ADDITIONAL MEASURES OF MITIGATION BE ADOPTED BY
THE CITY IN ORDER TO LESSEN ANY ADDITIONAL NEGATIVE
IMPACT TO OUR KNOWN NATIVE AMERICAN CULTURAL
RESOURCES.
SLR Comments Regarding Miles Pacific Subdivision, Carlsbad, CA Page 2
Furthermore, the Tribe strongly recommends and requests that additional measures of
mitigation be adopted by the City in order to lessen any additional negative impact to our known
Native American cultural resources.
A. The Tribe Must Be Consulted If A Significant Cultural Resource And/or Unique
Archaeological Resource Is Discovered During Ground Disturbing Activities.
If a significant cultural resource and/or unique archaeological resource are unearthed
during ground disturbing activities for this Project, the Tribe respectfully requests that they be
notified and consulted with in regards to the respectful and dignified treatment of those
resources. The Tribe's preference will always be for avoidance and that the resource be protected
and preserved in perpetuity. If however, relocation and/or a data recovery plan is authorized by
the City as the Lead Agency, the Tribe respectfully requests that as a condition of any
authorization, the Tribe be consulted regarding the drafting and finalization of any such
recovery. These resources are evidence of our ancestors' lost history and, as such, we must have
a voice and be a part of how those resources are treated and preserved for future generations.
Moreover, when cultural resources are discovered during the Project, if the archaeologist
collects such resources, a Luisefio Native American monitor must be present during any testing
or cataloging of those resources. Additionally, if the archaeologist does not collect the cultural
resources that are unearthed during the ground disturbing activities, the Luisefio Native
American monitor, may in their discretion, collect said resources and provide them to the Tribe
for respectful and dignified treatment in accordance with the Tribe's cultural and spiritual
traditions. Currently the MND is silent in regards to "what" is to happen to those items not
collected, yet documented by the project archaeologist for SCIC purposes. Therefore, it is the
Tribe's recommendation that these items be given to the Tribe so that they may be repatriated at
the site on a later date.
B. When Suspected Native American Remains Are Unearthed, Those Remains
Should Remain In Situ And Protected Until The Most Likely Descendant Can Be
Determined By The Native American Heritage Commission.
CUL-l (second paragraph) addresses the possibility of the discovery of Native American
Human Remains. If Native American remains and/or associated burial goods are unearthed
during the Project, and prior to a Most Likely Descendant being determined by the Native
American Heritage Commission, it is the Tribe's request that the ancestral remains be kept in situ
(in place), or in a secure location in close proximity to their discovery and that a forensic
anthropologist perform their analysis of the remains on-site in the presence of a Luisefio Native
American monitor. Any transportation of the ancestral remains would be considered by the Tribe
as disrespectful and undignified treatment. Therefore, the Tribe requests that in addition to the
strict adherence to the protocol stated in the California Health and Safety Code Section 7050.5
and California Public Resource Code Section 5097.98, the Final MND reflect that if Native
American remains are discovered, the Native American remains shall be kept in situ, or in a
secure location in close proximity to where they were found, and that the analysis of the remains
occur only on-site in the presence of a Luisefio Native American monitor.
SLR Comments Regarding Miles Pacific Subdivision, Carlsbad, CA Page 3
L ________________________________________ _
C. Only "Clean Fill" Should Be Utilized During This Project
Lastly, the Tribe is opposed to any undocumented fill being used during the proposed
development. In the event the "fill" will be imported into the Project area, the Tribe requests that
any proposed use of fill be clean of cultural resources and documented as such. It has been a
practice of many in the construction profession to utilize fill materials that contained cultural
resources from other "unknown" areas thereby contaminating the potential cultural landscape of
the area being filled. This type of fill material is unacceptable. Moreover, if the fill material is to
be utilized from areas within the Project boundaries, then we ask that that fill be analyzed and
confirmed by an archeologist and/or Luisefio Native American monitor that such fill material
does not contain cultural resources. A requirement that fill material be absent of any and all
cultural resources should therefore be included as an additional mitigation measure of the Final
MND.
The Tribe is aware that the Project Site contains varying levels of in-fill soil; however,
the vertical depth of the fill soil is unknown and the native soil may still be intact below the fill
soil. Therefore, regardless if "fill" soil had been previously utilized at the Project Site, Native
American monitors must still be present during ground disturbing activities in those locations if
it is determined that native soils may still be penetrated.
III. CONCLUSION
The San Luis Rey Band of Mission Indians appreciates this opportunity to provide the
City of Carlsbad with our comments and recommendations on Miles Pacific Subdivision. The
Tribe hopes the City will adopt the mitigation measures for Cultural Resources as herein
requested and that they will appear in the Final MND. As always, we look forward to working
with the City to guarantee that the requirements of the CEQA are rigorously applied to this
Project and all projects. We thank you for your continuing assistance in protecting our
invaluable Luisefio cultural resources.
cc: Melvin Vernon, Tribal Captain
Sincerely,
Merri Lopez-Keifer
Tribal Legal Counsel
Carmen Mojado, Secretary of Government Relations and President of Saving Sacred
Sites
SLR Comments Regarding Miles Pacific Subdivision, Carlsbad, CA Page 4
DEPARTMENT OF TRANSPORTATION
DISTRICT 11, DIVISION OF PLANNING
4050 TAYLOR ST, M.S. 240
SAN DIEGO, CA 92110
PHONE (619) 688-6960 Flex your power!
FAX (619) 688-4299 Be energy efficient!
TTY 711
www .dot.ca.gov CITY OF CARLSBAD
APR 23 2013
PLANNING DEPARI MENT
April16, 2013
Mr. Greg Fisher
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
Dear Mr. Fisher:
11-SD-5
PM 50.68
Miles Pacific MND
SCH #20 13031040
The California Department of Transportation (Caltrans) appreciates the opportunity to review the
Mitigated Negative Declaration (MND) for the proposed Miles Pacific project, located in
proximity to Interstate 5 (1-5). Caltrans has the following comments:
The proposed sewer line for the referenced project is within an existing 10 foot easement on the
adjacent property (south), 5 feet offset from Caltrans right-of-way (R/W), and directly under
Caltrans proposed 10 foot high sound wall for the I-5 North Coast Corridor (N CC) project.
The placement of the underground utility sewer line within the existing easement should not
interfere with Caltrans plans as part of the 1-5 NCC project to construct a soundwall at this
location. To accommodate Caltrans future plans for the soundwall, the proposed development
should construct the utility at a depth not to interfere with Caltrans soundwall, or construct to
Caltrans standards a footing to accommodate Caltrans future plans to construct a 1 0 foot high
sound wall. Please coordinate with the 1-5 NCC project.
The City should require the project, as part of the approved environmental document, to
document that the property does not meet Carlsbad standards for exterior noise levels. Caltrans
will not be held responsible for any noise impacts to this development, including from the
ultimate configuration of 1-5.
We would like to set up a meeting with the City to discuss coordination with the 1-5 NCC project.
If you have any questions, please contact Leila Ibrahim of the Development Review branch at
(619) 688-6802.
ACOB ARMSTRONG, Branch Chief
Development Review Branch
"Caltrans improves mobility across California"
''I -=-~ -
Department of Toxic Substances Control
Matthew Rodriquez
Secretary for
Environmental Protection
April 3, 2013
Mr. Greg Fisher
City of Carlsbad
1635 Faraday Avenue
Carlsbad, California 92008
Deborah 0. Raphael, Director
5796 Corporate Avenue
Cypress, California 90630
Edmund G. Brown Jr.
,..-:--------Governor
CITY OF CARLSBAD
APR 08 2011 r
PLANNING UtJ'ARTMEI'!l .
NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION FOR MILES
PACIFIC SUBDIVISIONS, CARLSBAD, CALIFORNIA, SCH # 2013031040
Dear Mr. Fisher:
The Department of Toxic Substances Control (DTSC) has received your submitted
Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the
above-mentioned project. The following project description is stated in your document:
"The Project requests the adoption of Mitigated Negative Declaration and Mitigation
Monitoring and Reporting Program, and the approval of a Tentative Tract Map, Coastal
Development Permit, and Planned Development Permit to allow the demolition of a
single family residence, storage building, and green house structures, and to subdivide
and grade a 5.4 acre site into seventeen (17) single-family residential lots, one private
street lot, and two bio-retention basin lots."
The Mitigated Negative Declaration has been prepared in accordance with the California
Environmental Quality Act (CEQA)"
Based on the review of the submitted document DTSC has the following comments:
1) The Mitigated Negative Declaration should evaluate whether conditions Within
the Project area may pose a threat to human health or the environment.
Following are the databases of some of the regulatory agencies:
• National Priorities List (NPL): A list maintained by the United States
Environmental Protection Agency (U.S.EPA).
• EnviroStor (formerly CaiSites): A Database primarily used by the
California Department of Toxic Substances Control, accessible through
DTSC's website (see below).
@ Pnnted 011 Recycled Paper
Mr. Greg Fisher
April 3, 2013
Page 2
• Resource Conservation and Recovery Information System (RCRIS): A
database of RCRA facilities that is maintained by U.S. EPA
• Comprehensive Environmental Response Compensation and Liability
Information System (CERCUS): A database of CERCLA sites that is
maintained by U.S.EPA.
• Solid Waste Information System (SWIS): A database provided by the
California Integrated Waste Management Board which consists of both
open as well as closed and inactive solid waste disposal facilities and
transfer stations.
• GeoTracker: A List that is maintained by Regional Water Quality Control
Boards.
• Local Counties and Cities maintain lists for hazardous substances cleanup
sites and leaking underground storage tanks.
• The United States Army Corps of Engineers, 911 Wilshire Boulevard,
Los Angeles, California, 90017, (213) 452-3908, maintains a list of
Formerly Used Defense Sites (FUDS).
2) The Mitigated Negative Declaration should identify the mechanism to initiate
any required investigation and/or remediation for any site within the proposed
Project area that may be contaminated, and the government agency to provide
appropriate regulatory oversight. If necessary, DTSC would require an
oversight agreement in order to review such documents.
3) Any environmental investigations, sampling and/or remediation for a sit~ should
be conducted under a Work Plan approved and overseen by a regulatory
agency that has jurisdiction to oversee hazardous substance cleanup. The
findings of any investigations, including any Phase I or II Environmental Site
Assessment Investigations should be summarized in the document. All
sampling results in which hazardous substances were found above regulatory
standards should be clearly summarized in a table. All closure, certification or
remediation approval reports by regulatory agencies should be included in the
Mitigated Negative Declaration.
4) If buildings, other structures, asphalt or concrete-paved surface areas are being
planned to be demolished, an investigation should also be conducted for the
presence of other hazardous chemicals, mercury, and asbestos containing
materials (ACMs). If other hazardous chemicals, lead-based paints (LPB) or
products, mercury or ACMs are identified, proper precautions should be taken
during demolition activities. Additionally, the contaminants should be
remediated in compliance with California environmental regulations and
policies.
Mr. Greg Fisher
April 3, 2013
Page 3
5) Project construction may require soil excavation or filling in certain areas.
Sampling may be required. If soil is contaminated, it must be properly disposed
and not simply placed in another location onsite. Land Disposal Restrictions
(LDRs) may be applicable to such soils. Also, if the project proposes to import
soil to backfill the areas excavated, sampling should be conducted to ensure
that the imported soil is free of contamination.
6) If the project area was used for agricultural, livestock or related activities, onsite
soils and groundwater might contain pesticides, agricultural chemical, organic
waste or other related residue. Proper investigation, and remedial actions, if
necessary, should be conducted under the oversight of and approved by a
government agency at the site prior to construction of the project.
7) Human health and the environment of sensitive receptors should be protected
during the field activities. If necessary, a health risk assessment overseen and
approved by the appropriate government agency should be conducted by a
qualified health risk assessor to determine if there are, have been, or will be,
any releases of hazardous materials that may pose a risk to human health or
the environment.
8) If it is determined that hazardous wastes are, or will be, generated by the
proposed operations, the wastes must be managed in accordance with the
California Hazardous Waste Control Law (California Health and Safety Code,
Division 20, Chapter 6.5) and the Hazardous Waste Control Regulations
(California Code of Regulations, Title 22, Division 4.5). If it is determined that
hazardous wastes will be generated, the facility should also obtain a United
States Environmental Protection Agency Identification Number by contacting
(800) 618-6942. Certain hazardous waste treatment processes or hazardous
materials, handling, storage or uses may require authorization from the local
Certified Unified Program Agency (CUPA). Information about the requirement
for authorization can be obtained by contacting your local CUP A.
9) DTSC can provide cleanup oversight through an Environmental Oversight
Agreement {EOA) for government agencies that are not responsible parties, or
a Voluntary Cleanup Agreement (VCA) for private parties. For additional
information on the EOA or VCA, please see
www.dtsc.ca.gov/SiteCieanup/Brownfields, or contact Ms. Maryam Tasnif-
Abbasi, DTSC's Voluntary Cleanup Coordinator, at (714) 484-5489.
:
Mr. Greg Fisher
April 3, 2013
Page4
If you have any questions regarding this letter, please contact Ms. Sue Hakim, Project
Manager, at soad.hakim@dtsc.ca.gov, or by phone at (714) 484-5381.
Sincerely,
Sue Hakim
Project Manager
Brownfields and Environmental Restoration Program
cc: Governor's Office of Planning and Research
State Clearinghouse
P.O. Box 3044
Sacramento, California 95812-3044
state.clearinghouse@opr.ca.gov.
CEQA#3733
,-----
STATE OF CALIFORNIA
NATIVE AMERICAN HERITAGE COMMISSION
915 CAPITOL MALL, ROOM 364
SACRAMENTO, CA 95814
(916) 653-6251
(916) 657-5390-FAX
Mr. Greg Fisher, Planner
City of Carlsbad
1635 Farraday Avenue
Carlsbad, CA 92008
April2, 2013
Edmund G. Brown. Jr ... Govemqr
1cmmes~D
AfAPRl 0 ~'1013 t
p ~t.MM\NG DEPARTMENT
RE: SCH# 2013031040 CEQA Notice of Completion; proposed Negative
Declaration)-"Miles Pacific Subdlvlsion-CT 12.01/CDP 12-15/PUD
12...06 Project (Demolitions of One Resdence -Subdivide to 17
Residential Lots);" located in the City of Carlsbad; San Diego County,
California
Dear Mr. Fisher:
The Native American Heritage Commission (NAHC) has reviewed the CEQA
Notice regarding the above referenced project. In the 1985 Appellate Court decision
(170 Cal App 3rd 604), the court held that the NAHC has jurisdiction and special
expertise, as a state agency, over affected Native American resources impacted by
proposed projects, including archaeological places of religious significance to Native
Americans, and to Native American burial sites.
The California Environmental Quality Act (CEQA) states that any project that
causes a substantial adverse change in the significance of an historical resources, which
includes archeological resources, is a significant effect requiring the preparation of an
EIR (CEQA guidelines 15064(b)). To adequately comply with this provision and mitigate
project-related impacts on archaeological resources, the Commission recommends the
following actions be required:
Contact the appropriate Information Center for a record search to determine :If a
part or all of the area of project effect (APE) has been previously surveyed for cultural
resources, which we know that it has. The NAHC recommends that known cultural
resources recorded on or adjacent to the APE be listed in the draft Environmental Impact
Report.
If an additional archaeological inventory survey is required, the final stage is the
preparation of a professional report detailing the findings and recommendations of the
records search and field survey. We suggest that this be coordinated with the NAHC, if
possible. The final report containing site forms, site significance, and mitigation
measurers should be submitted immediately to the planning department. All information
regarding site locations, Native American human remains, and associated funerary
objects should be in a separate confidential addendum, and not be made available for
pubic disclosure pursuant to California Government Code Section 6254.10.
Contact has been made to the Native American Heritage Commission for :a Sacred
lands File Check. A list of appropriate Native American Contacts for consultation
concerning the project site has been provided and is attached to this letter to determine
if the proposed active might impinge on any cultural resources. lack of surface
evidence of archeological resources does not preclude their subsurface existence.
lead agencies should include in their mitigation plan provisions for the identification
and evaluation of accidentally discovered archeological resources, per California
Environmental Quality Act (CEQA) §15064.5(1). In areas of identified archaeological
sensitivity, a certified archaeologist and a culturally affiliated Native American, with
knowledge in cultural resources, should monitor all ground-disturbing activities.
lead agencies should include in their mitigation plan provisions for the disposition of
recovered artifacts, in consultation with culturally affiliated Native Americans.
lead agencies should include provisions for discovery of Native American human
remains in their mitigation plan. Health and Safety Code §7050.5, CEQA §15064.5(e),
and Public Resources Code §5097.98 mandates the process to be followed in the event
of an accidental discovery of any human remains in a location other than a dedicated
cemetery.
CC: State Clearinghouse
Attachment: Native American Contacts list
Sarona Group of the Capitan Grande
Clifford LaChappa, Chairperson
1 095 Sarona Road Diegueno
Lakeside , CA 92040
sue@ barona~nsn.gov
(619) 443-6612
619-443-0681
San Pasqual Band of Mission Indians
Allen E. Lawson, Chairperson
PO Box 365 Diegueno
Valley Center. CA 92082
alieni @sanpasqualband.com
(760) 749-3200
(760) 7 49-3876 Fax
Sycuan Band of the Kumeyaay Nation
Daniel Tucker, Chairperson
Native American Con-s
San Diego Coun~
April 2, 2013
Kumeyaay Cultural Historic Committee
Ron Christman
56 Viejas Grade Road Diegueno/Kumeyaay
Alpine , CA 92001
(619) 445-0385
Jamul Indian Village
Raymond Hunter, Chairperson
P.O. Box 612 Diegueno/Kumeyaay
Jamul , CA 91935
jamulrez@sctdv. net
(619) 669-4785
(619) 669-48178 -Fax
Mesa Grande Band of Mission Indians
Mark Romero, Chairperson
5459 Sycuan Road Diegueno/Kumeyaay P.O Box 270 Diegueno
El Cajon , CA 92019
ssilva@ sycuan-nsn.gov
619 445-2613
619 445-1927 Fax
Viejas Band of Kumeyaay Indians
Anthony R. Pico, Chairperson
PO Box 908 Diegueno/Kumeyaay
Alpine , CA 91903
jrothauff@viejas-nsn.gov
(619) 445-3810
(619) 445-5337 Fax
This list Ia cumlftt only • of the elate of this document.
Santa Ysabel. CA 92070
mesagrandeband@msn.com
(760) 782-3818
(760) 782-9092 Fax
Pala Band of Mission Indians
Historic Preservation Office/Shasta Gaughen
35008 Pala Temecula Road, Luiseno
Paia--, CA 92059 Cupeno
PMBSO
(760) 891-3515
sgaughen@ palatribe.com
(760) 742-3189 Fax
Dlatrtbutlon of thla list cloee not NlhMt any '**"' of the atalutiofy .......,lllty • dllftned In Section 7050.5 of the Health and s.r.ty Coda,
Section -7.14 of the Public Reeou.-. Code and Section ~ .• of the Public Reeou.-. Code.
This list Is only applicable for contacting local Native Americana with regard to cultural resources for the proposed
SCHI2013031040; CEQA Notice of Completion; proposed Mitigated Negative Declaration for the Miles Pacific SUbdivision Project;
located In the City of Carlsbad; San Diego County, Csllfomla
Pauma & Yuima Reservation
Randall Majel, Chairperson
P .0. Box 369 Luiseno
Pauma Valle}' CA 92061
paumareservation@ aol.com
(760) 7 42-1289
(760) 7 42-3422 Fax
Rincon Band of Mission Indians
Native American Con'-ts
San Diego Coun~
April 2, 2013
Rincon Band of Mission Indians
Bo Mazzetti, Chairperson
P .0. Box 68 Luiseno
Valley Center. CA 92082
bomazzetti @aol.com
(760) 749-1051
(760) 749-8901 Fax
San Pasqua! Band of Indians
Vincent Whipple, Tribal Historic Preationv. Officer Kristie Orosco, Environmental Coordinator
P.O. Box 68 Luiseno
Valley Center. CA 92082
jmurphy@rincontribe.org
(760) 297-2635
(760) 297-2639 Fax
Kwaaymii Laguna Band of Mission Indians
Carmen Lucas
P.O. Box 775 Diegueno-
Pine Valley , CA 91962
(619) 709-4207
Inaja Band of Mission Indians
Rebecca Osuna, Chairman
2005 S. Escondido Blvd. Diegueno
Escondido , CA 92025
(760) 737-7628
(760) 747-8568 Fax
This la.t Is cunnt only • of the dale of this document.
P.O. Box 365 Diegueno
Valley Center. CA 92082
(760) 7 49--3200
council@sanpasqualtribe.org
(760) 7 49-3876 Fax
Ewiiaapaayp Tribal Office
Will Micklin, Executive Director
4054 Willows Road Diegueno/Kumeyaay
Alpine , CA 91901
wmicklin@ leaning rock. net
(619) 445-6315-voice
(619) 445-9126-fax
Manzanita Band of Mission Indians
ATIN: Keith Adkins, EPA Director
PO Box 1302 Kumeyaay
Boulevard , CA 91905
(619) 766-4930
(619) 766-4957 Fax
Distribution of this list does not ralleva any person of the statutory ......,...blllty • defined In Section 7050.5 of the Health and Safety Code,
Section •7 .84 of the Public Reeources Code and Sec:tlon a7 .-of the Public Reeources Code.
This list Is only applicable for contacting local Native Americans with regard to cultural resources for the proposed
SCH#2013031040; CEQA Notice of Completion; proposed Mitigated Negative Declaration for the Miles Pacific SUbdivision Project;
located In the City of Carlsbad; san Diego County, C&llfomla
San Luis Rey Band of Mission Indians
Cultural Department
1889 Sunset Drive
Vista , CA 92081
760-724-8505
760-724-2172-fax
Luiseno
Cupeno
La Jolla Band of Mission Indians
Lavonne Peck, Chairwoman
22000 Highway 76 Luiseno
Pauma Valley CA 92061
rob.roy@lajolla-nsn.gov
{760) 7 42-3796
{760) 742-1704 Fax
lpay Nation of Santa Ysabel
Clint Linton, Director of Cultural Resources
Native American Contats
San Diego County.
April 2, 2013
P.O. Box 507 Diegueno/Kumeyaay
Santa Ysabel. CA 92070
cjlinton73@ aol.com
{760) 803-5694
cjlinton73@aol.com
This list Is current only a of the date of this document.
Distribution of this list doee not relieve any person of the stalutoly NSpOI'ISiblllty • dlllned In Section 7050.5 of the HNith and a.raty Code,
Section s.7 .84 of the Public Reeource. Code and Section s.7 .18 of the Public Reeource. Code.
This list Is only applicable for contacting local Native Americans with regard to cultural resources for the proposed
SCHI2013031 040; CEQA Notice of Completion; proposed Mitigated Negative Declaration for the Miles Pacific Subdivision Project;
located In the City of carlsbad; San Diego County, california
DEPARTMENT OF TRANSPORTATION
DISTRICT 11, DIVISION OF PLANNING
4050 TAYLOR ST, M.S. 240
SAN DIEGO, CA 92110
PHONE (619) 688-6960 Flex your power!
FAX (619) 688-4299 CITY OF CARLSBAD Be energy efficient!
TTY 711
www.dot.ca.gov
August 15, 2012
Mr. Greg Fisher
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
Dear Mr. Fisher:
: 1.'.01£
PLANNING Ut.PAH i MENT
11-SD-5
PM 50.68
Miles Pacific
CT 12-01/CDP 12-15
The California Department of Transportation (Caltrans) appreciates the opportunity to review the
Tentative Map (CT 12-01) and Coastal Development Plan (CDP 12-15) for the proposed Miles
Pacific project, located in proximity to Interstate 5 (I-5). Caltrans has the following comments:
The proposed sewer line for the referenced project is within an existing 10 foot easement on the
adjacent property (south), 5 feet offset from Caltrans right-of-way (R/W), and directly under
Caltrans proposed 10 foot high sound wall for the I-5 North Coast Corridor (NCC) project. The
following needs to be revised to coordinate with the I-5 NCC project.
1. Relocate the sewer line, or
2. Build a retaining wall on private property site for Caltrans sound wall.
We appreciate the project proponent's coordination efforts in working with our staff on
addressing potential R/W issues. If you have any questions, please contact Leila Ibrahim of the
Development Review brandt at (619) 688-6802.
J~ OB ARMSTRONG, Branch Chief
Development Review Branch
"Caltrans improves mobility across California"
Greg Fisher
From:
Sent:
To:
Subject:
Mr. Fisher:
Peggy ONeal <peggyoneal@msn.com>
Friday, August 31,2012 4:07PM
Greg Fisher
MILES PACIFIC
•
I am writing about the Miles Pacific project located at 2373 and 3275 Pio Pico Drive. I understand I
cannot talk anyone out of building houses on that property but I would appreciate it if you would
keep them to single level homes. Please do not build huge houses there. Those of us that live in the
neighborhood love our neighborhood the way it is. We don't need or want "MacMansions" in our
area. The small ocean view and sunset view we presently have will be gone forever. The reason we
moved to this neighborhood was because it was an old style neighborhood where kids grow up and
play and come back to visit their parents and the house they grew up in.
Please keep the houses low-key and home-like.
Thank you,
Peggy O'Neal
Donald Dion
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Connect with us • "··-·
From: Greg Fisher
Sent: Monday, July 30, 2012 8:31 AM
To: dave. husten@wellsfargo.com
Cc: Tecla Levy
Subject: RE: Miles Pacific Project # cr 12-01/CDP 12-15
Hi Mr. Husten,
Thanks for your question regarding future improvement along Pia Pica Drive as they relate to this proposed
subdivision. Tecla Levy, the City engineer assigned to this project will be contacting you directly regarding this
subject. I've asked her to follow up as this is her expertise.
Please let me know if you don't hear from her within the next couple of days or have any other question.
Thanks,
Greg Fisher
Assistant Planner
City of Carlsbad
From: dave. husten@wellsfargo.com [mailto :dave. h usten@wellsfargo.com]
Sent: Saturday, July 28, 2012 1:59 PM
To: Greg Fisher
Subject: Re: Miles Pacific Project# cr 12-01/CDP 12-15
Hello Greg,
My name is David Husten. I reside at 2401 Pio Pico Dr. for the past 30 years. I am very
curious as to what the city may require any builder to do with Pio Pico close to the entry for
this proposed project? Are we all going to lose frontage on our lots to new sidewalks and
curbs? There are no sidewalks and curbs on that northern section of Pio Pico. Years ago
there was talk and measuring done that had each of us losing like 6' + of land to sidewalks
and curbs. What do you know about this topic please?
Sincerely,
David Husten
760-310-8581
dave.husten@wellsfargo.com
2
Greg Fisher
From:
Sent:
To:
dave. husten@wellsfargo. com
Monday, July·30, 2012 10:53 AM
Tecla Levy
Cc: Greg Fisher; Glen Van Peski
Subject: RE: Miles Pacific Project# CT 12-01/CDP 12-15
Dear Tecla,
Thank you for your prompt response! This is good news. Have a good week !
Sincerely
David Husten
From: Tecla Levy [mailto:Tecla.Levy@carlsbadca.gov]
Sent: Monday, July 30, 2012 10:50 AM
To: Husten, David
Cc: Greg Fisher; Glen Van Peski
Subject: RE: Miles Pacific Project # CT 12-01/CDP 12-15
Hi Mr. Husten,
The portion of Pia Pico drive north of Las Flores Drive is an alternative design street. This street must remain in its
current design. No improvements, except for some minor improvements necessary to control drainage, will be required
pursuant to the City of Carlsbad Street and Sidewalk Policy. However, the developer will be required to enter into a
Neighborhood Improvement Agreement (NIA) agreement whereby the owner consents to the formation of an
assessment district for the purpose of financing the construction of the improvements for Pio Pica drive improvements.
Please let me know if you need additional information.
Thank You,
'~ <~ { ~CIT'< Of
CARLSBAD
Tecla Levy, PE
Associate Engineer
Engineering
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
www .ca rlsbadca .gov
P: 760-602-2733
F: 760-602-1052
tecla .levy@ca rlsbadca .gov
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