HomeMy WebLinkAboutHDP 94-04; Jefferson Street Lot 17; Hillside Development Permit (HDP)OTY OF CARLSBAD
LAND USE REVIEW APPLICATION FOR PAGE 1 OF 2
1) APPUCATIONS APPLIED FOR: (CHECK BOXES)
CFOR DEPT
USE ONLY)
• Master Plan
• Specific Plan
• Precise Development Plan
Q Tentative Tract Map
• Planned Development Permit
Q Non-Residential Planned Development
Q Condominium Permit
Q Special Use Permit
Q Redevelopment Permit
Q Tentative Parcel Map
Q Administrative Variance
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• General Plan Amendment
• Local Coastal Plan Amendment
• Site Development Plan -
• Zone Change
• Conditional Use Permit
jjjjf Hillside Development Permit
Environmental Impact Assessment
• Variance
• Planned Indiistrial Permit
• Coastal Development Permit ^
• Plaiming Commission Determination
List any other applications not speciiiced
(FOR DEPT
USE ONLY)
2) LOCATION OF PROJECT: ON THE l^f. if SIDE OF
(NORTH, SOUTH EAST. WEST)
BETWEEN AND
(NAME OF STREET)
3) BRIEF LEGAL DESCRIPTION:
(NAME OF STREET)
(NAME OF STREET)
4) ASSESSOR PARCEL NO(S).
5) LOCAL FAQUTIES
MANAGEMENT ZONE
8) EXISTING ZONING
U) PROPOSED NUMBER OF
RESIDENTIAL UNITS
6) EXISTING GENERAL PLAN
DESIGNATION
9) PROPOSED ZONING
12) PROPOSED NUMBER
OF LOTS
7) PROPOSED GENERAL PLAN
DESIGNATION
10) GROSS SFTE
ACREAGE
13) TifPE OF SUBDIVISION
,7iO
(RESIDENTLKL
COMMERCL\L
INDUSTRLU)
14) NUMBER OF EXICTING RESTOENTIAL UNITS IL
15) PROPOSED INDUSTRLU
OFFICE/SQUARE FOOTAGE
16) PROPOSED COMMERCLU
SQUARE FOOTAGE
NOTE: kmsKmimmmsmmmsmmmmjmmm^
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CITY OF CARLSBAD
LAND USE REVIEW APPUCATION FORM PAGE 2 OF 2
17) PERCENTAGE OF PROPOSED PROJEa IN OPEN SPACE
18) PROPOSED SEWER USAGE IN EQUIVALENT DWELUNG UNITS
19) PROPOSED INCREASE IN AVERAGE DAILY TRAFFIC
JL
20) PROJECT NAME:
21) BRIEF DESCRIPTION OF PROJECT:
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22) IN THE PROCESS OF REVIEWING THIS APPUCATION IT MAY BE NECESSARY FOR MEMBERS OF CnY STAFF,
PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS, OR CITY COUNCIL MEMBERS TO INSPECT AND
ENTER THE PRQMRT^ XHAjT I55FHE SyfiJECr QT^I^jVPPUCAXION. CQNSENT TO ENTRY FOR THIS
PURPOSE 7^am4~-^^^^^
23) OWNER 24) APPUCANT
NAME (PRINT OR TYPE) . NAME (PRINT OR TYPE)
MAIUNG ADDRESS MAIUNG ADDRESS
TELEPHONE CITY AND STATE ZIP TELEPHONE
I CERTIFY THAT I AM THE LEGAL OWNER
Mi D THAT AU THE ABOVE INFORMATION
IS TRUE AND CORRECT TO THE BEST OF
MY KNOWLEDGE.
SIGN. ,-DATE
^77c.^-^_ 7 77c:Z-J^:
I CERTIFY THAT I AM THE LEGAL OWNER'S REPRESENTATIVE AND
THAT ALL THE ABOVE INTORMATION IS TRUE AND CORRECT TO THE
BEST OF MY KNOWLEDGE.
SIGNATURE Ij DATE
MA,
FOR cnv USE ONLY
FEE COMPUTATION:
APPUCATION TYPE FEE REQUIRED
Tth? f^7:>^
(unrrc^
•WW £»• >**^ p A »
APR 0 8 199^1
CiTY OF CARLSBAD
DATE
RECEIVED BY;
TOTAL FEE REQUIRED
DATE FEE PAID RECEIPT NO.
CITY OF CARLSBAD
1200 CARLSBAtrVlL41AGE DRIVE CARLSBAD, rALIFORNIA 92008
434-2867
REC'D FROM. DATE
ACCOUNT NO. DESCRIPTION AMOUNT
'^'70
—
C lc, i (/ /
RECEIPT NO. 990 1 NOT VALID UNLESS VALIDATED BY TOTAL
PLEASE NOTE:
Time limits on the processing of discretionary projects established by state law
do not start until a project application is deemed complete by the City. The
City has 30 calendar days from the date of application submittal to determine
whether an application is complete or incomplete. Within 30 days of submittal
of this application you will receive a letter stating whether this application
is complete or incomplete. If it is incomplete, the letter will state what is
needed to make this application complete. When.the application is complete, the
processing period will start upon th/ d^e of/the completion letter.
Applicant Signature:
Staff Signature:
Date: ^-f^-9i/
To be stapled with receipt to application
Copy for file
PROJECT DESCRIPTIQN/EXPUNATIQN
PROJECT NAME: <Ip.4{7> r^-^r^ ^7^/^^ >6P/ /7
APPUCANT NAME:
Please describe fully the proposed project. 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.
This legal lot was created on February 5, 1960.
Description/Explanation. The existing lot 155-180-17 is being readied for the
development of one single family residence. In order to accomplish this a street
vacation, adjustment plat, and hillside development permit have been required along
with a review by the coastal commission. This process is clearing up a longstanding
problem with access to the parcel due to the realignment of Jefferson Street when
the 1-5 bridge was put in. The development of a nice custom home on the lot will
improve the neighborhood, improve the cities tax base, and solve a very difficult
access problem. The hillside development is required because there is a slope on the
property greater than 15 feet tall and with a slope gradient greater than 15%.
However, that slope is an artificial slope created by a cut many years ago when the
old Carlsbad Road (now abandoned) was being made.(See letter from Soils Engineer
Attached) Because of this fact the allowable grading is up to the discretion of
the planning department and not subject to the hillside ordinance. We are planning
to build a house that fits into the terrain with a minimum of retaining walls or
unsightly pier structures. The lowest floor will be dug into the upper level bank
with two stories on top of that above street level. This plan will minimize the
obstruction of the neighbors view across the street and will allow for a reasonable
house design. A proposed grading plan is included showing how such a house could be
constructed . .The proposed house is constrained on the sides by the side yard setback,
in the front by a high pressure gas line easement, and in the rear by the stringline
connecting neighboring houses.
The proposed house floorplan and elevations are being submitted for a 3550 square
foot house with a three car garage. Although the lot is zoned R-3 this will be a single
family residence conforming to the 35 foot height limitation in three stories. The front
of the house will start about 14.5 feet below gradewith the rear of the house jutting out
near the base of the existing cut bank. For safety reasons the driveway will include
a turn around area so that no one is forced to back out onto Jefferson Street. It has
taken five years and a great deal of money spent on professional consultants to resolve
the many difficulties with this lot and to create these proposed plans.
We have written agreements (see attached) to purchase the ground underlying the
street vacation area from two different adjacent property owners and time is of the
essence at this point. Please expedite the processing of this package as much as is
possible.
Thank You!!!
R«v. 4/91 ProiO««c.frm
City of Carlsbad
PIsnning Department
DISCLOSURE STATEMENT
APPUCANTS STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL REQUIRE
DISCRETIONARY ACTION ON THE PART OF THE CHY COUNCIL. OR ANY APPOINTED BOARD, COMMISSION Ofl COMMHTEE.
(Please Print)
The following Information must be disclosed:
1. Applicant
Ust the names and addresses of all persons having a financial interest in the applicatton.
2. Owner
List the names and addresses of all persons having any ownership interest in the property involved.
.ftfTr^e
If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and
addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership
interest in the^ partnership.
,N/-/f
4. If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names and
addresses of any person sen/ing as officer or director of the non-profit organization or as trustee or beneficiary
of the trust ,
FRMCXX)11 4/91
5075 Las Palmas Drive • Carlsbad, California 92009-1576 • (619) 438-1161 ^
Disclosure Statement
(Over)
Page 2
5. Have you had more than $250 wortii of business transacted with any member of City staff, Boards,
Commissions, Committees and Council within the past twelve months?
Yes No ^2<_ If yes, please indicate person(s)
Person is defined as: 'Any individual, firni, copartnership, Joirtt vsntura, association, social dub, fratamal organization, corporation, estate, trust,
receiver, syndicate, this and any other cour%, city and county, city municipality, district or othar political subdivision, or any other group or
combination acting as a unit'
(NOTE: Attach additional pages as necessary.)
Signature of C5wner/date 7/ fJ
Oam^/MHIS Pf7/f-'nh MiJ/
Print or type name of owner ^
ignature of applicant/date
Print or type name of applicant
FRM00011 4/91
Commonwealth Land Title Company
1455 Frazee Road, Suite 600
San Diego, California 92108
Issuing Policies of
Commonwealth,
Land Title Insurance Company
Sea Crest Engineering, Inc.
3179 Roosevelt Street
Carlsbad, California 92018
Attn: Skip Hammann
Your Ref: Muhe
Our No: 958290-6
Title Officer:
GaryTriphan (619)686-2146
AMENDED PRELIMINARY REPORT
DATED AS APRn. 8, 1994 AT 7:30 A.M.
In response to the above referenced application for a policy of title insurance. Commonwealth
Land 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 die 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 below or not excluded from
coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy forms.
The printed Exceptions and Exclusions from die coverage of said Policy or Policies are set forth
in Exhibit A attached. 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 liabiliQr is assumed ber^y. 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.
79 . /
LARRY VINTI
TITLE OFFICER
t7
CLTA Preliminary Report Form (Rev. 11/18/82)
958290
Page 2
SCHEDULE A
The form of policy of title insurance contemplated by this report is:
A CLTA Owners Policy
The estate or interest in the land hereinafter described or referred to covered by this report is:
AFEE
Title to said estate or interest at the date hereof is vested in:
Daniel L. Muhe, an unmarried man and Patricia Jane Mahy, an umnarried woman,
tenants in conunon as to Parcels 1 and 2, and Frances £. Elsey as to Parcel 3
Geraldine K. Hoppert, surviving trustee of the Hoppert Family Trust dated September
1, 1984, as to Parcel 4;
The State of Califomia, as to Parcel 5
The land referred to in this R^rt is situated in die State of Califomia, County of San Diego, and is
described as follows:
SEE EXHffilT "I" ATTACHED HERETO AND MADE A PART HEREOF
CLTA Preliminaiy KtpoA Form (Rev. 11/18/82)
958290
Page 3
EXHIBIT "I"
Parcel 1:
That certain portion of Tract 2, Laguna Mesa Tracts, in the City of Carlsbad, County of
San Diego, State of Califomia, according to Map thereof No. 1719, filed in the Office of
the County Recorder of San Diego County, June 20, 1921 together with a portion of
Carlsbad Road, County Road Survey No. 135, as shown on said Map No. 1719, said
portion having been closed to vehicular traffic only by order of the Board of Supervisors on
June 28, 1948, a copy of which was filed July 1, 1948 as File No. 65377, being described
as follows:
Beginning at the intersection of the center line of said Carlsbad Road, (vacated) with the
Westerly line of Jefferson Street, 60 feet wide, as shown on Road Survey map No. 843,
filed in the Office of the Surveyor of said County; thence along the center line of said
Carlsbad Road North 52°29' West 128.16 feet; thence North 23°44' West 65.82 feet;
thence North 3*'59' West 58.70 feet to the true point of beginning; thence continuing along
said center line North 3"59' West 101.22 feet; thence leaving said center line South
84°0r28" East 67.35 feet to a point on the arc of a 430 foot radius curve concave
Easterly. Said curve being also the Westerly Une of said jefferson Street, 60 feet wide, a
radial line of said curve bears South 89''37'50" West to said point; thence Southerly along
said curve 81.05 feet through an angle of 10''48'00"; thence leaving said curve South
78°49'50" West 69.30 feet to the true point of beginning, said last mentioned course being
a radial to said curve.
Parcel 2:
That portion of Tract 2 of Laguna Mesa Tracts, in the City of Carlsbad, County of San
Diego, State of Califomia, according to Map thereof No. 1719, filed in the Office of the
County Recorder of San Diego County, June 20, 1921, together with a portion of County
road Survey No. 135, as shown on said Map No. 1719, said portion having been closed to
vehicular traffic only, by order of the Board of Supervisors on June 28, 1948, a copy of
which said order fded July 1, 1948 as File No. 65377, of San Diego County, being more
particularly described as a whole as follows:
Commencing at the intersection of the center line of County Road Survey No. 135, as
shown on said Map No. 1719 and the Westerly line of Jefferson Street, 60.00 feet wide,
known as County Road Survey No. 843, according to Plat thereof on file in the Office of
the County Engineer of San Diego County, thence along the center line of said Road
Survey No. 135, as foUows: North 52°29'00" West 128.15 feet; and North 23°44'00"
West 65.82 feet to the true point of beginning; thence continuing along said center line.
North 03°59'00" West 58.70 feet; thence leaving said center line. North 78°49'50" East
69.30 fe^ to a point in the arc of a 430.00 foot radius curve, concave Easterly, in the
Westerly line of said Jefferson Street, 60.00 feet wide, a radial line of said curve bears
South 78'49'50" West 50 said point; thence Southerly along the arc of said curve, being
CLTA Preliminary RqKxt Form (Rev. 11/18/82)
958290
Page 4
along the Westerly line of said Jefferson Street, through a central angle of 06°30'50" a
distance of 48.89 feet, to a line which bears North 77°02'56" East (deed North 77°07'56"
East) from the true point of beginning; thence South 77°02'56" West 80.08 feet to the true
point of beginning.
Parcel 3:
That portion of Tract 2 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. being described as follows:
Commencing at Engineer's Station 8-1-46.14 on the center line of County road Survey No.
843 (known as Jefferson Street) as described in deed to the County of San Diego, recorded
February 5, 1941 in Book 1135, Page 75 of Official Records; thence along said center line
North 17°43'00" West, (record - North 17°41'00" West) 202.86 feet to the beginning of a
tangent 400.00 foot radius curve, concave Southeasterly and being the tme point of
beginning; thence continuing along said center line Northeasterly along the arc of said curve
through a central angle of 39°52'00" Easterly along the arc of said curve through a central
angle of 39''52'00" a distance of 278.32 feet; thence North 67°5r00" West 30.00 feet to
the Northwesterly line of said Jefferson Street; thence North 39"'3r00" West 143.17 feet to
the Westerly boundary of said Tract 2; thence along said Westerly boundary as follows:
South 03''3r00" West 58.06 feet to an angle point therein; South 03°59'00" East 373.63
feet; South 23°44'00" East 57.21 feet; South 52°29'00" East 119.48 feet; and South
43°18'00" East to the center line of said Jefferson Street; thence along said center line
North 17''43'00" West to the tme point of beginning.
Excepting tberefrcHn that portion lying Westerly and Southerly of a line described as
follows:
Beginning at the intersection of the Westerly line of said Jefferson Street with the center
line of 40.00 foot wide County Road Survey No. 135 (known as Carlsbad Road) adjoining
said Tract 2 (»i the West as shown on said Map No. 1719; thence along the Westerly
boundary of said Jefferson Street as follows: North 17°4r00" West 171.06 feet to the
beginning of a tangent 430.00 foot radius curve, concave Southeasterly; and Northeasterly
along the arc of said curve through a central angle of 30**38'19" a distance of 229.94 feet
to the Northeasteriy comer of land described in deed to Donald A. Briggs, Jr. recorded
March 25, 1959 in Book 7566, Page 38 of Official Records; thence along the boundary of
said Briggs' land as follows: North 71 °12'25" West 39.68 feet to an angle point therein;
North 07°47'05" West 130.32 feet; and North 60°08'55" West to the Westerly boundary of
said Tract 2.
Parcel 4:
That certain portion of Tract 2, 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 (tf said County, June 20, 1921, along with a portion of Carlsbad Road as
CLTA Preliminary Rqwrt Fom (Rev. 11/18/82)
958290
Page 5
said road is shown on the Map of the San Diego County Road Survey No. 135 as closed to
vehicular traffic only by order of the County Board of Supervisors on June 28, 1948, a
copy of which was filed July 1, 1948 as Resolution No. 65377, all being described as
follows:
Beginning at the intersection of the center line of Carlsbad Road with the Westerly line of
Jefferson Street, 60 feet wide as said street is shown on the Map of San Diego County
Road Survey No. 843; thence along said center line of Carlsbad Road North 52° 29' West
128.15 feet; thence North 23° 44' West 65.82 feet; thence North 3° 59' West 159.92 feet
to the tme point of beginning; thence continuing along said center line North 3° 59' West
218.50 feet; thence North 3° 31' East 36.61 feet; thence leaving said center line South 60°
8' 55" East 41.08 feet; thence South 7° 47' 5" East 130.32 feet; thence South 71° 12' 25"
East 39.68 feet to a point on the Westerly line of said Jefferson St., said Westerly line
being a 430 foot radius curve concave Easterly, a radial line to said point bears North 77°
2' 41" West; thence Southerly along said Westerly line and the arc of said curve 100 feet
through a central angle of 13° 19' 29" to a point of said curve, a radial line to said point
bears South 89° 37' 50" West; thence leaving said Westerly line and said curve North 84°
or 28" West 67.35 feet to the tme point of beginning.
Parcel 5:
All that portion of Tract 2 of Laguna Mesa Tracts, in the City of Carlsbad, County of San
Diego, State of Califomia, according to Map thereof No. 1719, filed in the Office of the
County Recorder of San Diego County, June 20, 1921, as described in deed to Emmett L
King and Mary H. King, recorded July 6, 1964, as File No. 121099, of Official Records,
described as follows:
Beginning at the intersection of the Southerly line of said King land with the Easterly line
of County Road Survey No. 843; thence (1) South 72° 50' 36" West, 30.00 feet to the
centerline of said County Road Survey No. 843; thence (2) along said centeriine North 17**
09' 24" West, 1.80 feet; thence (3) along a tangent curve to the right, with a nutius of 400
feet, through an angle of 21° 51' 16" a distance of 152.51 feet to the Northeriy line of said
King land; thence (4) along said line South 85° 18' 08" East, 30.00 feet to said Easteriy
Une of County Road Survey No. 843; thence (5) South 89° 29' 22" East, 77.92 feet; thence
(6) leaving said Northerly line from a tangent which bears South 19°' 28' 15" West, along
a curve to the left, with a radius of 460 feet, through an angle of 17° 54' 33", a distance of
143.78 feet to said Southerly Une; thence (7) along said Southerly Une North 89° 29' 22"
West, 36.03 feet to the point of beginning. Excepting Therefrom that portion which Ues
Easterly of the Easterly Une of said County Road Survey No. 843.
CLTA Preliminary KepoA Form (Rev. 11/18/82)
958290
Page 6
SCHEDULE B
At the date hereof Exceptions to coverage in addition to the printed exceptions and exclusions in
said policy form would be as foliows:
A. General and special taxes, including any personal property taxes, and assessments
collected with taxes for the fiscal year 1993-1994.
Total: $3,013.62
First Instalhnent: 1,506.81 Paid
Second InstaUment: 1,506.81 Open
Penalty: 160.68
Homeowners' Exemption: $none
Code: 09000
Parcel: 155-180-02
Affects: Parcel 5
B. General and special taxes, including any personal property taxes, and assessments
coUected with taxes for the fiscal year 1993-1994.
Total: $657.96
First InstaUment: 328.98 Paid
Second InstaUment: 328.98 Open
Penalty: 42.90
Homeowners' Exemption: $none
Code: 09000
Parcel: 155-180-14
Affects: Parcel 4
C. General and special taxes, including any personal property taxes, and assessments
coUected with taxes for the fiscal year 1993-1994.
Total: $1,093.72
First InstaUment: 546.86 Paid
Second Installment: 546.86 Open
Penalty: 64.69
CLTA Preliminaiy Report Form (Rev. 11/18/82)
958290
Page 7
Homeowners' Exemption: $none
Code: 09000
Parcel: 155-180-18
Affects: Parcel 1
D. General and special taxes, including any personal property taxes, and assessments
coUected with taxes for the fiscal year 1993-1994.
Total: $861.00
First InstaUment: 430.50 Paid
Second Installment: 430.50 Open
Penalty: 53.05
Homeowners' Exemption: $none
Code: 09000
Parcel: 155-180-17
Affects: Parcel 2
E. The Uen of supplemental taxes, if any, assessed pursuant to the provisions of Section
75, et seq. of the Revenue and Taxation Code of the State of Califomia.
1. An easement for the puiposes shown below and rights incidental thereto as shown or
as offered for dedication on the recorded map shown below
Map No.: 1719
Puqx)se: pubUc use
Affects: that portion Parcels 1, 2 and 4 lying within Carisbad Road (R.S. 135)
By Resolution of the Board of Supervisors dated June 28, 1948 and recorded July 1, 1948
as Resolution No. 65327 of Official Records, said road was closed to vehicular traffic only.
2. The recital contained in the owner's certificate on the map of said tract, which
agrees to aUow the cross-arms of poles or other similar stmctures placed along the right of
way or certain highways on said map to overhang the abutting property.
3. An easement for the purpose shown below and rights incidental thereto as set forth
in document
Grantor: Wm G. Kerckhoff Company,
a corporation
Puipose: telephone and/or electric poles and lines, and for sewer, water and/or
CLTA Preliminary Report Form (Rev. 11/18/82)
958290
Page 8
Recorded:
Affects:
gas mains and pipe lines in, under, over and across said property,
together with the right to enter on said property for purposes of
constmction, reconstmction. repairing, and/or altering any of the same
December 23, 1940 in Book 1101, Page 480 of Official Records
no location set forth.
4. An easement for the puipose shown below and rights incidental thereto as set forth
in document
Granted to: The County of San Diego
Puipose: highway
Recorded: Febmary 5, 1941 in Book 1135, Page 75 of Official Records
Affects: that portion Parcel 3 lying within Jefferson Street
Said instmment also grants the right to extend and maintain drainage stmctures and
excavation and embankment slopes beyond the Umits of said right of way where required
for constmction and maintenance.
Said slope rights also affects Parcels 1, 2, 3 and 4 herein.
5. An easement for the puipose shown below and rights incidental thereto as set forth
in document
Granted to: San Diego ConsoUdated Gas & Electric Company,
a corporation
Purpose: a Une of poles with wires su^nded
Reconled: June 3, 1942 in Book 1354, Page 238 of Official Records
Affects: the route of said line of poles and wires across said land shaU be as
foUows:
Commencing at the Southeast comer of Tract 3 in said Laguna Mesa
Tracts; thence North 0°02' West 621.17 feet; thence North 89°58' East
8.0 feet to a point which is the tme point of beginning of the route of
the right-of-way herein described; thence from said point of beginning
North 17°43' West 422.8 feet; thence North 1°31' East 280.0 feet
excepting from the above described right-of-way any portion thereof
lying within any deeded or dedicated Road or Highway.
6. Covenants, conditions and restrictions (deleting therefrom any restrictions based on
race, color or creed) as set forth in the document
Recorded: November 3, 1947 in Book 2487, Page 428, of Official Reconis
CLTA Preliminaiy Rqwrt Form (Rev. 11/18/82)
958290
Page 9
Affects: Parcel 5
7. An easement for the purpose shown below and rights incidental thereto as reserved
in a document.
Grantor:
Purpose:
Recorded:
Affects:
Robert Andrew Borden and Merry Borden
road puiposes
June 29, 1965 as File No. 116239 of Official Records
Westerly 10 feet Parcel 2
8. An easement for the puipose shown below and rights incidental thereto as set forth
in document
Granted to: The City of Carlsbad, the Grantee
Puipose: right of way
Recorded: December 5, 1968 as FUe No. 213328 of Official Records
Affects: that portion Parcel 3 described as foUows:
Beginning at the intersection of the centerline of said Carlsbad Road
(vacated) with the Westerly line of Jefferson Street, 60 feet wide, as
shown on Road Survey No. 843, filed in the Office of the Surveyor of
said County; thence along the Westerly line of Jefferson Street North
17°4r West a distance of 32.81 feet; thence at a right angle to said
Westerly Une of Jefferson Street South 72°19' West a distance of 22.80
feet to a point on the center line of said Carlsbad Road (vacated);
thence along the center line of said Carlsbad Road (vacated) South
52°29' East a distance of 39.95 feet to the point of b^inning.
9. An easement for the purpose shown below and rights incidental thereto as s^ forth
in document
Granted to:
Purpose:
Recorded:
Affects:
San Diego Gas and Electric Company
a Une of poles, wires
November 6, 1973 as FUe No. 73-310337 of Official Records
a strip of land lying within Parcel 3, 12 feet in width, the center line
which is described as foUows:
Commencing at the Southwest comer of Section 31, Township 11
South, Range 4 West San Bemardino Meridian; thence along the
Southerly Une thereof South 89°30'50" East 30.00 feet to a point in the
center line of County Road Survey No. 843 (Jefferson Street) filed in
the Office of the County Surveyor of said County of San Diego; thence
along said center Une North 0°02'00" West 488.37 feet; thence leaving
CLTA Preliminary Report Form (Rev. 11/18/82)
958290
Page 10
said center Une and continuing North 0°02'00" West 133.07 feet;
thence South 89°58'00" West 22.00 feet; thence North 17°43'00" West
422.80 feet; thence North 19°49'06" East 232.85 feet; thence South
18°42'36" West 229.72 feet to the tme point of beginning of the center
Une herein described; thence from said tme point of beginning,
retracing North 18°42'36" East 229.72 feet.
Reference is made to said document for fuU particulars.
Affects: Parcel 3
10. An easement for the purpose shown below and rights incidental thereto as set forth
in document
Granted to: Clifton F. Nooncaster, et ux
Puipose: ingress and egress
Recorded: June 30, 1975 as FUe No. 75-167454, of Official Records
Affects: a portion of Parcel 4 as described therein
11. A document subject to aU the terms, provisions and conditions therein contained.
Entitled: Maintenance Agreement
Dated: June 25, 1975
Executed by: Vincent L. Hoppert, et al
Recorded: June 30, 1975 as FUe No. 75-167454, of Official Reconis
Reference is made to said document for fiiU particulars.
12. An easement for the purpose shown below and rights incidental thereto as set forth
in document
Granted to: CUfton F. Nooncaster, et ux
Purpose: lateral support
Reconled: June 30, 1975 as FUe No. 75-167455, of Official Records
Affects: a portion of Parcel 4 as described therein
Restrictions on the use, by the owners of said land, of the easement area as set out in the
easement document
Reference is made to said document for fiiU particulars.
13. An easement for the purpose shown below and rights incidental thereto as set forth
in document
CLTA Preliminary Report Form fllev. 11/18/82)
958290
Page 11
Granted to: Vincent L. Hoppert, et ux
Puipose: vehicular and pedestrian ingress and egress
Recorded: July 3, 1975 as File No. 75-172196 of Official Records
Affects: Parcel 3
Reference is made to said document for fuU particulars.
14. A document subject to aU the terms, provisions and conditions therein contained.
Entitled: Maintenance Agreement
Dated: May 21, 1975
Executed by: CUfton F. Nooncaster, et al
Recorded: July 3, 1975 as FUe No. 75-172196 of Official Records
Reference is made to said document for fiiU particulars.
15. An easement for the puipose shown below and rights incidental thereto as set forth
in document
Granted to: Vincent L. Hoppert, et ux
Puipose: garage encroachment, vehicular and pedestrian ingress and egress, and
any other existing visible uses
Recorded: July 3, 1975 as FUe No. 75-172197 of Official Reconis
Affects: Parcel 3
16. An easement for the purpose shown below and rights incidental thereto as set forth
in document
Granted to: Califomia First Bank,
a Califomia Banking Coiporation
Puipose: sewer line and sump (concrete enclosed pump)
Reconled: November 25, 1987 as FUe No. 87-659021 of Official Records
Affects: Southeriy 10 feet. Parcel 2
17. A document subject to aU the terms, provisions and conditions therein contained.
Entitled: Easement Agreement
Dated: October 27, 1987
Executed by: CaUfomia First Bank, a CaUfomia Banking Corporation and Daniel
Muhe, et al
Recorded: November 25, 1987 as FUe No. 87-659021 of Official Records
Reference is made to said document for fuU particulars.
CLTA Preliminary Report Form (Rev. 11/18/82)
958290
Page 12
18. An easement for the puipose shown below and rights incidental thereto as set forth
in document
Granted to: Franklin Air Conditioning and Heating Company, Inc., Defmed Benefit
Pension Plan and Tmst
Puipose: vehicular and pedestrian ingress and egress and general utiHty purposes
Recorded: December 6, 1990 as FUe No. 90-652454 of Official Records
Affects: that portion of Parcel 3 more described as foUows:
Beginning at the intersection of the centerline of Jefferson Street, as
shown on Road Survey No. 843, and the Westerly right-of-way of State
Highway 11-SD-5, as shown on Lo. Map No. 3787 & M. S. 734. Said
point also being a point on a 400.00 foot radius curve concave
Southeasterly, a radial bearing to said point bears North 64°33'48"
West; thence Southwesterly along said curve and centerline through a
central angle of 03°04'54" an arc distance of 21.51 feet, a radial
bearing to said point bears North 67°38'42" West; thence leaving said
curve and centerUne South 16° 18'15" East 25.00 feet to a point on a
60.00 foot radius curve concave Southeasterly, a radial bearing to said
point bears North 63°49'42" West; thence Southwesterly along said
curve through a central angle of 70°42'46", an arc distance of 74.05
feet to a point on a 530.(X) foot radius curve concave Southeasterly, a
radial bearing to said point bears North 45°27'32" West, said point
also being a point on the Westerly right-of-way of Jefferson Street, as
shown on Lo. M^ No. 3787 & M.S. 734; thence Northeasterly along
said curve and right-of-way through a central angle of 07°05'53", an
arc distance of 65.66 feet to a point on the Westerly right-of-way of
said State Highway, a radial bearing to said point bears North
82°0r03" West; thence leaving said curve along said right-of-way
North 34°50'48" West, 63.93 feet to the point of beginning.
19. Covenants, conditions and restrictions (deleting therefrom any restrictions based on
race, color or creed) as set forth in the document
Recorded: December 6, 1990 as FUe No. 90-652454 of Official Reconis
Affects: Parcel 3
20. A document subject to aU the terms, provisions and conditions therein contained.
Entitled: Joint Maintenance Agreement
Dated: September 29, 1990
Executed by: Frances E. Elsey and Geraldine K. Hoppert, et al
Reconled: December 6, 1990 as FUe No. 90-652455 of Official Reconis
CLTA Preliminary Report Form (Rev. 11/18/82)
958290
Page 13
Reference is made to said document for full particulars.
Affects: Parcel 3
21. In connection with the tmst hereinafter referred to, this Company wUl require the
following items be submitted for review prior to closing:
(a) A Certification of Tmst in the form of an acknowledged declaration signed by aU
currently acting Tmstees, containing the information specified in the attached form.
Reference: Hoppert FamUy Tmst
Affects: Parcel 4
22. Any invaUdity or defect in the title of the Vestees in the event such tmst is invaUd
or faUs to confer sufficient powers in the tmstees or in the event there is lack of compUance
with the terms and provisions of the tmst instmment.
Affects: Parcel 4
CLTA Preliminaiy Report Form (Rev. 11/18/82)
958290
Page 14
Note No. 1: AS OF JANUARY 1, 1990, CHAPTER 598, CALIFORNIA STATUTES OF
1989, (AB 512; INSURANCE CODE SECTION 12413.1) BECAME EFFECTIVE. THE
LAWS REQUIRE THAT ALL FUNDS BE DEPOSITED AND AVAILABLE FOR
WITHDRAWAL BY THE TITLE ENTITY'S ESCROW OR SUBESCROW ACCOUNT
PRIOR TO DISBURSEMENT OF ANY FUNDS.
ONLY CASH OR WIRED FUNDS CAN BE GIVEN IMMEDIATE AVAILABIUTY
UPON DEPOSIT.
CASHIER'S CHECKS, TELLER'S CHECKS AND CERTIHED CHECKS MAY BE
AVAILABLE ONE BUSINESS DAY AFTER DEPOSIT.
ALL OTHER FUNDS SUCH AS PERSONAL, CORPORATE OR PARTNERSHIP
CHECKS AND DRAFTS MAY CAUSE MATERIAL DELAYS EST DISBURSEMENT OF
FUNDS ON THIS ORDER.
ESI ORDER TO AVOID DELAYS, ALL FUNDS SHOULD BE WIRE TRANSFERRED.
OUTGOING WIRE TRANSFER WILL NOT BE AUTHORIZED UNTIL
CONFIRMATION OF THE RESPECTIVE INCOMING WIRE TRANSFER OR
AVAILABILITY OF DEPOSITED CHECKS.
WIRING INFORMATION FOR THIS OFFICE IS AS FOLLOWS:
UNION BANK
530 "B" STREET
SANDIEGO, CA 92101
BANK NUMBER: 122000496
CREDIT: Commonwealth Land Title Co.
ACCOUNT NUMBER: 4000124120
Note No. 2: THIS COMPANY DOES REQUIRE CURRENT BENEHCL^RY
DEMANDS PRIOR TO CLOSING. If the demand is expired and a current demand cannot
be obtained, our requirements wiU be as foUows:
(a) If this Company accepts a verbal update on the demand, we may hold an amount
equal to one monthly mortgage payment. This hold wUl be in addition to the verbal
hold the lender may have stipulated.
(b) If this Company cannot obtain a verbal update on the demand, we wiU either pay off
the expired demand, or wait for the amended demand, at the discretion of the
escrow.
Note No. 3: Requirement that this Company be fumished with a copy of any supplemental
tax biUs now in existence which are not refiected on this report.
CLTA Preliminaiy Report Form (Rev. 11/18/82)
958290
Page 15
Note No. 4: If taxes are posted paid less than 45 days, the Company will hold the tax
amount plus delinquency amount until 45 days have elapsed. If taxes have been paid
through an impound account or if a copy of the cancelled check can be provided to us, this
requirement can be waived.
Note No. 5: If any deed of tmst in favor of "Private Parties" is to be omitted from our
poUcy of title insurance, we wUl require that the original note, deed of tmst and properly
executed and notarized request for reconveyance be surrendered for review prior to close of
escrow.
CLTA Preliminary Report Form (Rev. 11/18/82)
- 155 - 18
I" = 100
CHANGES
OLD NEW Y« CUT
JO 2> 30
'•am Bl 7P
/So /S 84 S7CL
S^H (HEGO COUKTT iSSESSOR'S HIP BK ISS PG 18 ""'''•tO rOH ASSESSMEN* PUBPOSES ONf MA.P 1719 - LAGUNA MESA TCTS - TCT NO 2
Dr>c I I ooo
AMElft^N LAND TITLE ASSOCIATION LOANHR^ICY
WITH A.L.T.A. ENDORSEMENT FORM I COVERAGE (10-17-92)
AND A.L.T.A. LEASEHOLD LOAN POLICY (10-17-92)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will nol pay loss or damage, costs, attorneys' fees or expenses which arise
by reason of:
1. (a) Any law, ordinance or govemmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting
or relating 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 govemmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or
encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any govemmental police power not excluded by (a) above, except to the extent that a notice 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. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) nol known lo the Company, not recorded in the public records at Date ofPolicy, 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 to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at 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.
4. 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.
.S. 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.
6. 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 improvemenl or work related to the land which is contracted 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.
7. Any claim which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason ofthe operation of federal bankruptcy, state
insolvency, or similar creditors' rights laws, that is based on:
(a) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or
(b) Ihc subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or
(c) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure:
(i) to timely record the instrument of transfer or
(il) of such recordation lo impart notice to a purchaser for value or a judgement or lien creditor.
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, attomey's fees, and expenses resulting from:
1. Govemmenlal police power, and the existence or violation of any law or govemment regulation. This includes building and zoning ordinances and also laws and
regulations conceming:
• land use
• improvements on the land
• land division
• environmental protection
This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date.
This exclusion does nol limit the zoning coverage described in Items 12 and 13 of Covered Title Risks.
2. The right to take Ihe 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. Tille Risks:
• that are created, allowed, or agreed to by you
• that are known to you. but not to us, on the Policy Date - unless they appeared in the public records
• that result in no loss to you
• that first affect your title after the Policy Date - this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks.
4. Failure to pay value for your title.
5. Lack of a right:
• to any land outside the area specifically described and referred to in Item 3 of Schedule A
or
• in streets, alleys, or waterways that touch your land.
This exclusion does not limit the access coverage in Item 5 of Covered Title Risks.
B2210-6
EXHIBIT "A"
LIST OF PREPRINTED POLICY EXCLUSIONS AND EXCEPTIONS
CALIFORNIA LAND TITLE ASSOCL^TION STANDARD COVERAGE POLICY - 1990
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise
by reason of:
1. (a) Any law, ordinance or govemmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting
or relating 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 govemmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or
encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b)Any govemmental police power not excluded by (a) above, except to the extent that a notice 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. Defects, liens, encumbrances, adverse claims or other matters:
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by
the insured claimant prior to the date of the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
• (d) attaching or created subsequent to Date of Policy or;
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured
by this policy.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of 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.
5. Invalidity or unenforceability ofthe lien ofthe insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage land is based
upon usury or any consumer credit protection or truth in lending law.
6. Any claim, which arises out of the transaction vesting in the insured the estate or 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.
EXCEPTIONS FROM COVERAGE (SCHEDULE B - PART I)
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public
records.
Proceedings by a 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.
2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by
persons in possession thereof.
.3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
4 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.
."i. (al 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 Ihe m<itters excepted under (a), (b) or (c) are shown by the public records.
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92)
AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92)
EXCLUSIONS FROM COVERAGE
1. (a) Any law. ordinance or govemmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting
or relating 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 govemmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or
encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b)Any govemmental police power not excluded by (a) above, except to the extent that a notice 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. Defects, liens, encumbrances, adverse claims or other matters:
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant:
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by
the insured claimant prior to the date of 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.
4. 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:
(a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
(b) the transaction creating the estate or interest insured by the policy beiiig deemed a preferential transfer except where the preferential transfer results from the failure:
(i) to timely record the instmment of transfer, or
(ii) of such recordation to impart notice to a purchaser for value or a judgement or lien creditor.
Form 2210-6 (Rev. 8-93) (Continued on back)
April]. 1994
Planning Department
City of Carlsbad
2075 Las Palmas Drive
Carlsbad.CA 92009
RE: LANDSCAPE PLAN SUBMIHAL FOR HILLSIDE DEVELOPMENT PERMIT
After assessing the proposed site development plans ond visually inspecting ttie site, 1 have
determined that this project will require a minimal amount of grading and has no manufactured
slopes. The construction of the proposed structure will only cause minimal damage to the
existing vegetation which consists of 80% coverage by Carpobrotus chilensis. 10% naturalized
grasses, and 10% shrub masses consisting of Arlemisia spp.. and Rlius integrifolia.
This slope hds been in pidce for over 40 years with no significant signs of potential failure. I see
no benefit in denuding the slope of its existing vegetotion ond introducing new native ond
ornamental species to help slope stobilizotion. This type of revegetation would require
supplementdl watering, which in my opinion would be detrimental to the stability of the slope
and the proposed structure constructed within its profile.
In addition to the concern regording slope stability, there is the question of the visual impact of
the slope on the surrounding properties. The current condition of the slope portrays a more
noturolized oppedrance and blends nicely with the surrounding shoreline flora. Any attempt to
improve the appearance may in fact turn out to be detrimental.
Based upon my findings listed above, and my understonding of the londscape requirements
for hillside development, I am recommending that the rear ydrd slope thot runs along both
parcels not be altered. For this reason my client has not included Ldndscdpe Improvement
Plans OS port of his Hillside Development Permit submittal pdckoge.
Should there be any questions regarding my recommendation, please feel free to coll me so
that we can discuss the issues in further detail.
Sincerely,
DAEDALUSJQESLGN GROUP
yj^rfey S. Smith, ASLA
Principal
JSS/jos
SOUTHERN CALIFORNIA
SOIL & TESTING, INC.
6280 Riverdale Street, San Diego, CA 92120
P.O. Box 600627, San Diego, CA 92160-0627
619-280-4321, FAX 619-280-4717
October 4, 1993
Mr. Daniel Muhe
4014 Aguila Street, No. I
Carlsbad, California 92008
SCS&T 9221004
Report No. 2
SUBJECT: Existing Slope, Proposed residential Sits, Jefferson Street, Carlsbad, California.
REFERENCE: "Report of Preliminary Geotechnical Investigation, Proposed Residential Site;"
Southern California Soil and Testing, Inc.; March 27, 1992.
Dear Mr. Muhe:
This letter has been prepared to confirm our opinion that the existing slope between the upper
portion of the site and Carlsbad Road (abandoned) is a cut slope. Apparently the slope is the result
of grading operations required for the alignment of Carlsbad Road.
If you should have any questions regarding this report, please do not hesitate to contact this office.
This opportunity to be of professional service is sincerely appreciated.
Respectfully submitted.
ERN/CALIFORNIA SOIL, AND TESTING, INC. "f
Daniel B. AUler, R.C.K #36037
DBA:mw
cc: (3) Submitted
PROOF OF PUBLICATION
(2015.5 CCP.)
STATE OF CAUFORNIA
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. 1 am the principal clerk of the printer of
Blade-Citizen
a newspaper of general circulation, printed and
published daily in the City of Oceanside and qualified for
the City of Oceanside and the North County Judicial
district with substantial circulation in Bonsall, Fallbrook,
Leucadia, Encinitas, Cardiff, Vista and Cartsbad, County
of San Diego, and which newspaper has been adjudged
a newspaper of general circulation by the Superior
Court of the County of San Diego, State of Califomia,
under the date of June 30,1989, case number 171349;
that the notice, of which the annexed is a printed copy
(set in type not smaller than nonpareil), has been
published in each regular and entire issue of said
newspaper and not in any supplement thereof on the
following dates, to-wit:
January 6, 1995
I certify (or declare) under penalty of perjury that the
foregoing is true and correct.
Dated at Oceanside.Califomia, this.
of January, 1995
_6_day
This space is for the County Clerk's Rling Stamp
BLADE-CITIZEN
Legal Advertising
1722 South Hill Street
P.O. Box 90
Oceanside. CA 92054
(619)433-7333
Proof of Publication of
Public Notice of Prior
Environmental Compajiance
PUBLIC NOTICE OF PRIOR
ENVIRONMENTAL COMPLIANCE
Please Take Notice:
' £? OSLM??!? g9(»*n«« has determined that the envlronmen-
S,„!!?.^?I^£.P''?te^ described below have alrea^bSe^
and, therefore, no additional environmental
review will be required and a notree of detemiination will be ffleS
Projert Title: Jefferson Street Lots 17 4 18
Prt^ect Location: Wert »(de of Jefl*r«on8?e« between
i"*"**'"""'ato 5 bridge,
C«y of Carisbad, County of San Dleoo,
State of Caiifomla
Hillside Development Pemiits fbr
development of 2 single family
Justlfica«onformisdrat'oS"flte partment Cprnmunlty Development, 207S LasPtSTSrivt ?r,^S'A- California 92009ricomments frorn theXbin?i I '"^i^-f^ •"'^N comments In writing to the Plamliw D^f
MIchaelJ. Holzmiller Planning Director
S^Ii"?:,. JANUARY 6,1995 CASE NO: HOP'S 94-04 & HDP 94-05 APPLICANT: CITY OFGMILSBAD
Legal 41206 January 6,1995
Project Description:
NOTICE OF COMPLETION
Mail to: State Clearinghouse, 1400 TelWStreet, Rm. 121, Sacramento, CA 95814 - 9f8^45-0613
Project Title: HDP 94-04 t HDP 94-05 - Jefferson Lots 17 & 18
Lead Agency: City of Carlsbad Contact Person: Elaine Blackburn
Street Address: 2075 Las Palmas Drive Phone: (619) 438-1161. ext. 4471
City: Carlsbad Zip: 92009 County: San Diego
See MOTE Belou:
SCH «
PROJECT LOCATION:
County: San Diego
Cross Streets: Jefferson and Interstate 5
city/Nearest Connwnity: Carlsbad
Total Acres: 0.4
Assessor's Parcel No. 155-180-17 & 18
Within 2 Miles: State Hwy #: Interstate 5
Section: Twp. Range: Base:
Waterways: Buena Vista Lagoon
Airports: Railways: NCTD Schools: Carlsbad
DOCUMENT TYPE
CEQA: NOP
Early Cons
Neg Dec
Draft EIR
Supplement/Subsequent NEPA;
EIR (Prior SCH No.)
Other Prior Environmental Conoliance
NOI
EA
Draft EIS
FONSI
OTHER: Joint Docunent
Final Document
Other
LOCAL ACTION TYPE
General Plan Update
General Plan Amendment
General Plan Element
Community Plan
Specific Plan
Master Plan
Planned Unit Development
Site Plan
Rezone
Prezone
Use Permit
Land Division (Subdivision,
Parcel Map, Tract Map, etc.)
Annexation
Redevelopment
Coastal Permit
Other Hillside
Development Permit
DEVELOPMENT TYPE
Residential: Units 2
Office:
Conmercial:
Industrial:
Educational
Recreational
Sq. Ft.
Sq. Ft.
Sq. Ft.
Acres
Acres
Acres
Acres
0.4
Employees
Employees
Employees
Water Facilities:
Transportation:
Mining:
Power;
Waste Treatment:
Hazardous Waste:
Other:
Type
Type
Mineral
Type
Type
Type
MGD
Watts
PROJECT ISSUES DISCUSSED IH DOCUMENT
Aesthetic/Visual
Agricultural Land
_X Air Quality
_X Archaeological/Historical
Coastal Zone
Drainage/Absorption
Economic/Jobs
Fiscal
Flood Plain/Flooding
Forest Land/Fire Hazard
Geologic/Seismic
Minerals
Noise
Population/Housing Balance
Public Services/Facilities
Recreation/Parks
Schools/Universities
Septic Systems
Sewer Capacity
Soil Erosion/Compaction/Grading
Solid Waste
Toxic/Hazardous
Traffic/Circulation
X Vegetation
Water Quality
Water Supply/
Ground Water
Wetland/Riparian
Wildlife
Growth Inducing
Landuse
Cumulative Effect
Other
Present Land Use/Zoning/General Plan Use
Undeveloped - R-3/RLM
Project Description
Hillside Development Permits for two single family residenceson 2 existing lots.
NOTE: Clearinghouse will assign identification numbers for all new projects. If a SCH number already exists for a project (e.g.
from a Notice of Preparation or previous draft document) please fill it in. Revised October 1989
EB:vd
City of Carlsbad
PIsnning Department
PUBUC NOTICE OF PRIOR ENVIRONMENTAL COMPLIANCE
Please Take Notice:
The Planning Department has determineci that the environmental effects of the project described
below have already been considered in conjunction with previously certified environmental
documents and, therefore, no additional environmental review will be required and a notice of
determination will be filed.
Project Tide: Jefferson Street Lots 17 & 18
Project Locadon: West side of Jefferson Street between Las Flores and the Interstate 5
bridge, City of Carlsbad, Gounty of San Diego, State of Galifornia
Project Descripdon: Hillside Development Permits for development of 2 single family
residendal units on 2 hillside lots.
JusUfication for this determination is on file in the Planning Department, Community
Development, 2075 Las Palmas Drive, Garlsbad, Galifornia 92009. Comments from the public
are invited. Please submit comments in wridng to the Planning Department within ten (10) days
of date of publicadon.
DATED: JANUARY 6, 1995
^ 'MCHAELJ. HOL^ILLER
CASE NO: HDPs 94-04 & HDP 94-05 Planning Director
APPLICANT: DANIEL MUHE
PUBUSH DATE: JANUARY 6, 1995
£B:vd
2075 Las Palmas Drive • Carlsbad, California 92009-1576 • (619)438-1161 ^
ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART H
(TO BE COMPLETED BY THE PLANNING DEPARTMENT)
CASE NO. HDP 94-04 & HDP 94-05
DATE: November 30. 1994
BACKGROUND
1. CASE NAME: HDP 94-04/HDP 94-05 - Jefferson Lots 17 & 18
2. APPLICANT: Daniel Muhe
3. ADDRESS AND PHONE NUMBER OF APPLICANT: 4014 Aguila #1
Carlsbad. CA 92008
(619) 434-7850
4. DATE EIA FORM PART I SUBMITTED: April 8. 1994
5. PROJECT DESCRIPTION: Hillside Development Pennits for development of two single family
residential units on two hillside lots
ENVIRONMENTAL IMPACTS
STATE CEQA GUIDELINES, Chapter 3, Article 5, section 15063 requires that the City conduct an Environmental
Impact Assessment to determine if a project may have a significant effect on the environment. The Environmental
Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical,
biological and human factors that might be impacted by the proposed project and provides the City with information
to use as the basis for deciding whether to prepare an Environmental Impact Report or Negative Declaration.
* A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of
its aspects may cause a significant effect on the enviroimient. On the checklist, "NO" will be checked to indicate
this determination.
* An EIR must be prepared if the City determines that there is substantial evidence that any aspect of the project
may cause a significant effect on the environment. The project may qualify for a Negative Declaration however,
if adverse impacts are mitigated so that environmental effects can be deemed insignificant. These findings are
shown in the checklist under the headings "YES-sig" and "YES-insig" respectively.
NOTE: If "YES sig" is checked, the project is not necessarily required to prepare an EIR if the significant effect
has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be
mitigated, or a "Statement of Overriding Considerations" has been made pursuant to that earlier EIR.
A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under
DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation
for impacts which would otherwise be determined significant.
11. Alter a significant archeological,
paleontological or historical site,
structure or object?
PHYSICAL ENVIRONMENT
WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES NO
(sig) (insig)
1. Result in tmstable earth conditions or
increase the exposure of people or property
to geologic hazards?
2. Appreciably change the topography or any
unique physical features?
3. Result in or be affected by erosion of soils
either on or off the site?
4. Result in changes in the deposition of beach
sands, or modification of the channel of a
river or stream or the bed of the ocean or
any bay, inlet or lake?
5. Result in substantial adverse effects on
ambient air quality? X
6. Result in substantial changes in air
movement, odor, moisture, or temperature?
7. Substantially change the course or flow of
water (marine, fresh or flood waters)?
8. Affect the quantity or quality of surface
water, ground water or public water supply?
9. Substantially increase usage or cause
depletion of any natural resources?
10. Use substantial amounts of fuel or energy?
X
X
-2-
BIOLOGICAL ENVIRONMENT
WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES NO
(sig) (insig)
12. Affect the diversity of species, habitat
or numbers of any species of plants (including
trees, shrubs, grass, microflora and aquatic
plants)?
13. Introduce new species of plants into an area,
or a barrier to the normal replenishment of
existing species?
14. Reduce the amount of acreage of any
agricultural crop or affect prime, unique
or other farmland of state or local
importance?
15. Affect the diversity of species, habitat
or ntmibers of any species of animals (birds,
land animals, all water dwelling organisms
and insects?
16. Introduce new species of animals into an
area, or result in a barrier to the
migration or movement of animals?
HUMAN ENVIRONMENT
WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES NO
(sig) (insig)
17. Alter the present or planned land use
of an area? X
18. Substantially affect public utilities,
schools, police, fire, emergency or other
public services? X
HUMAN ENVIRONMENT
WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES NO
(sig) (insig)
19. Result in the need for new or modified sewer
systems, solid waste or hazardous waste
control systems? X
20. Increase existing noise levels? X
21. Produce new light or glare? X
22. Involve a significant risk of an explosion
or the release of hazardous substances
(including, but not limited to, oil,
pesticides, chemicals or radiation)? X
23. Substantially alter the density of the
human population of an area? X
24. Affect existing housing, or create a demand
for additional housing? X
25. Generate substantial additional traffic? X
26. Affect existing parking facilities, or
create a large demand for new parking? X
27. Impact existing transportation systems or
alter present pattems of circulation or
movement of people and/or goods? X
28. Alter waterbome, rail or air traffic? X
29. Increase traffic hazards to motor
vehicles, bicyclists or pedestrians? X
30. Interfere with emergency response plans or
emergency evacuation plans? X
31. Obstruct any scenic vista or create an
aesthetically offensive public view? X
32. Affect the quality or quantity of
existing recreational opportunities? X
-4-
MANDATORY FINDINGS OF SIGNIFICANCE
WILL THE PROPOSAL DIRECTLY OR INDIRECTLY:
33. Does the project have the potential
to substantially degrade the quality
of the environment, substantially
reduce the habitat of a fish or wild-
life species, cause a fish or wildlife
population to drop below self-sustaining
levels, threaten to eliminate a plant or
animal community, reduce the number or
restrict the range of a rare or en-
dangered plant or animal, or eliminate
important examples of the major periods
of Califomia history or prehistory.
34. Does the project have the potential
to achieve short-term, to the dis-
advantage of long-term, environmental
goals? (A short-term impact on the
environment is one which occurs in a
relatively brief, definitive period of
time while long-term impacts will
endure well into the future.)
35. Does the project have the possible
environmental effects which are in-
dividually limited but ciunulatively
considerable? ("Cumulatively con-
siderable" means that the incremental
effects of an individual project are
considerable when viewed in connection
with the effects of past projects, the
effects of other current projects, and
the effects of probable future projects.)
36. Does the project have enviroimiental
effects which will cause substantial
adverse effects on human beings,
either directly or indirectly?
YES
(sig)
YES
(insig)
NO
X
X
X
DISCUSSION OF ENVIRONMENTAL EVALUATION
Project Description:
The proposed project includes the development of two single family residential dwelling units on two hillside lots
adjacent to the Buena Vista Lagoon. The subject site consists of two lots (Lot 17 and Lot 18) totaling approximately
0.4 acre. Each lot is approximately 0.2 acre in site (Lot 17 is 7,650 square feet, and Lot 18 is 8,424 square feet).
Both lots contain a steep slope running north/south approximately 25 feet from the westem property lines. The slope
is manmade and is the result of previous grading for a roadway which has since been abandoned. The vegetation
on the lots is limited and consists mostly of iceplant and weeds.
Physical Enviroimient:
1. Development of the proposed two residences will not result in unstable earth conditions or other hazards.
2. The project will not appreciably change the topography. The two proposed structures will be built in
compliance with all Ciiy regulations (including building height restrictions and hillside development
regulations). Grading for the project will include approximately 524 cubic yards of cut and 207 cubic yards
of fill, resulting in approximately 317 cubic yards of export (total for both stmctures). The site does not
contain any unique physical features.
3. The project will not result in or be affected by erosion of soils. Any development of the property will be
conditioned to comply with all applicable City requirements to prevent erosion.
4. There is no beach sand on or adjacent to the proposed project area. The project will also not result in changes
to any channel, river, stream, or other water body. The proposed development is set back from the Buena
Vista Lagoon and will have no impact on the Lagoon.
5. The proposed project includes only two single family residences. Because the City is within a non-attainment
basin, any development results in an incremental increase to overall air quality impacts. However, this
increase was anticipated in the City's General Plan Update (GPA 94-01) and the related General Plan Master
EIR (EIR 93-01). The MEIR concluded that development of the City consistent with the General Plan would
result in unavoidable significant impacts to air quality, and a statement of overriding considerations was
adopted. Therefore, the proposed project is a subsequent project considered in the approval of the City's
Master Environmental Impact Report (EIR 93-01).
6. The proposed residential units will not result in changes in air movement, odor, moisture, or temperature. The
units are designed to provide adequate setbacks as required by the City's Mimicipal Code. Setbacks for the
front yards will be 20', and sideyards will be 7 1/2'. The rear of the units face the Buena Vista Lagoon.
Structures will be setback a minimum of 36' (Lot 17) and 42' (Lot 18) from the rear property lines. Beyond
the property lines is an additional 20' road easement and another bluff and terrace area. This results in the
stmctures being setback more than 56' from the Lagoon. The proposed stmctures also will not exceed the
City's maximum allowed building height (35') for the area. Finally, the stmctures will be located within the
stringline formed by adjacent stmctures.
7. The project will not substantially change the course or flow of any water body. The proposed structures are
adjacent to Buena Vista Lagoon, but will be set back from the lagoon.
8. The project will not affect the quantity or quality of water. The site is served by all necessary public facilities,
including potable water, sewer services, and storm sewers.
9. There are no natural resources on the subject lots. No substantial increase in usage of resources is expected
from the proposed single family residences.
10. The two residences are not expected to use substantial amounts of fuel or energy.
11. A cultural resource survey was conducted in June, 1994, for the two subject lots. The study concluded that
the subject site may contain significant cultural resources. Although testing of the site found few surface
artifacts, surveyors concluded that a significant subsurface deposit exists at the site, and that mitigation
measures must be implemented. Suggested mitigation included avoidance of the site, capping to a depth
greater than excavation impacts, archaeological data recovery from areas to be impacted, or a combination of
these three measures. The Master EIR (MEIR 93-01) associated with the City's General Plan Update (GP 94-
01) identified a variety of mitigation measures which should be implemented based upon specific site
conditions. The appropriate measures, including preparation of a data recovery program and monitoring of
all grading activity on the site by a qualified archaeologist, will be included as conditions of approval for the
proposed project.
Biological Environment:
12. The proposed development will not affect the diversity, habitat, or numbers of any species of plants. A
biological resource survey was conducted in July, 1994, for the two subject lots. The report indicated that no
sensitive plant species were observed during the field survey. The site is dominated by non-native species
including Hottentot fig, wild oat, and brome grasses. The upper terrace is barren for approximately 60% of
its area. The bluff area contains native and non-native vegetation, but is dominated by Hottentot fig and non-
native grasses. The bluff area also supports scattered remnant coastal sage scrab elements. However, the
report concludes that the one native plant community (Diegan coastal sage scrab) is highly disturbed and exists
only as scattered remnant individuals or small stands with non-native vegetation dominant. For this reason,
and because the site is bounded by developed property on three sides, the survey concludes that the important
wildlife value of the habitat is greatly diminished, and that the coastal sage scrab habitat on the site does not
constitute habitat for the gnatcatcher. Therefore, the impacts associated with the project are not significant
on a local or regional scale.
13. The proposed development wiU not introduce new plant species into the area. The surrounding area is fiilly
urbanized. In addition, the proposed residential development is planned to incorporate natural/existing
vegetation as much as possible.
14. The subject site is not in agricultural use and is not designated as protected farmland of any kind.
15. The proposed development will not affect the diversity, habitat, or numbers of any species of animals. The
biological resource survey (see #12 above) found no sensitive wildlife species on the property. The few
wildlife species observed during the survey (e.g., house finch, lesser goldfinch) are typically foimd in
association with human residences. The survey concluded that, because of the fragmented condition of
adjacent natural communities, it is doubtful that any sensitive reptiles inhabit the site.
>16. Development of the proposed residences will not introduce any new species to the area. The site is in an
urbanized area and is surroimded by similar development on three sides. The site does not serve as a
migration corridor for animals.
Human Environment:
17. The proposed use does not alter the planned land use of the area. The subject site has been designated for
residential development by the City's General Plan.
18. The use will not substantially affect public utilities, schools, police, fire, emergency or other public services.
The two lots are in an urbanized area and are adjacent to similar residential development on two sides. AU
necessary public facilities are currently provided to the area.
19. The proposed development will not result in the need for any new or modified systems. The area of the two
lots is already served by all necessary facilities.
20. The proposed residential uses are not expected to result in any increase to existing noise levels. Temporary
short-term noise increase may occur due to constraction activities, but such activities wUl be regulated by
poUcies and regulations already in pla<je.
21. The proposed single family uses are not expected to produce significant new Ught or glare.
22. No significant risk of explosion is expected to result from the proposed residential development.
23. The proposed use wiU not substantially alter the density of human population in the area. The proposal is for
two single famUy stractures. The use is consistent with the anticipated use of the two lots as designated by
the City's General Plan.
24. The proposed houses wiU contribute to the existing housing supply.
25. A total of 20 additional trips is expected to result from the proposed project. Because the City is expected
to have significant immitigable traffic impacts at buildout, any development results in an incremental increase
to traffic impacts. However, this increase was anticipated in the City's General Plan Update (GP 94-01) and
the related General Plan Master EIR (EIR 93-01), and a statement of overriding considerations was adopted.
The proposed project is a subsequent project considered in the approval of the City's Master Environmental
Impact Report (EIR 93-01).
26. The proposed houses wiU not affect existing parking faciUties. All parking required by the use (a two-car
garage for each unit) wiU be provided on site.
27. The proposed houses wUl not impact existing transportation systems or alter circulation pattems. The subject
lots will front onto a dedicated pubUc street.
28. There are no waterways, railways, or applicable air traffic uses in the surrounding area.
-8-
29. No increase to traffic hazards wiU result from the development. The proposed residential development wiU
be required to meet aU City standards regarcUng location and design of the proposed access point and
driveway, and the provision of an acceptable sight distance.
30. The project wiU not interfere with emergency plans. The units wiU be accessed by a dedicated pubUc street.
31. The proposed units wUl not obstract any scenic vista or create an aestheticaUy offensive pubUc view. The
proposed stractures have been designed to comply with the City's HiUside Development Regulations, including
stepping the units down the hUlside, buUding facade variations, rooflines which are consistent with the existing
slope of the site, and compliance with the City's buUding height restrictions.
32. The proposed units wiU not affect the quaUty or quantity of existing recreational opportunities. The proposed
stractures wiU not result in increased need for recreational faciUties. The lots include adequate setbacks to
provide for on-site private recreational opportunities.
-9-
.'ANALYSIS OF VIABLE ALTERNATIVES TO THE PROPOSED PROJECT SUCH AS:
a) Phased development of the project,
b) altemate site designs,
c) altemate scale of development,
d) altemate uses for the site,
e) development at some future time rather than now,
f) altemate sites for the proposed project, and
g) no project altemative.
a - g) It has been detennined through this initial study that this project wUl not have any significant adverse impact
as conditioned or for which a statement of overriding considerations has not been made. Therefore, altemative
analysis is not warranted nor required.
• 10-
DETERMINATION (To Be Completed By The Planning Department)
On the basis of this initial evaluation:
I find the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE
DECLARATION will be prepared.
I fmd that the proposed project COULD NOT have a significant effect on the environment, because the
environmental effects of the proposed project have already been considered in conjunction with previously
certified environmental documents and no additional environmental review is required. Therefore, a Notice
of Determination has been prepared.
I find that although the proposed project could have a significant effect on the environment, there will not be
a significant effect in this case because the mitigation measures described on an attached
sheet have been added to the project. A Conditional Negative Declaration will be proposed.
I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL
IMPACT REPORT is required.
X I find that although the proposed project could have a significant effect on the environment, the project is a
subsequent project within the scope of the project covered by a MEIR (EIR 93-01).
/7^- 170- 9i
Date
Date Planning Director
LIST MITIGATING MEASURES (IF APPLICABLE)
BUENA VISTA
LAGOON
SITE
City sf Cirisbid
JEFFERSON STREET LOT 17 HDP 94-04
City of Carlsbad
Planning Department
PUBLIC NOTICE OF PRIOR ENVIRONMENTAL COMPLIANCE
Please Take Notice:
The Planning Department has determined that the environmental effects of the project described
below have already been considered in conjunction with previously certified environmental
documents and, therefore, no additional environmental review will be required and a notice of
determination will be filed.
Project Tide: Jefferson Street Lots 17 & 18
Project Location:
Project Description:
West side of Jefferson Street between Las Flores and the Interstate 5
bridge, City of Garlsbad, Gounty of San Diego, State of Galifornia
Hillside Development Permits for development of 2 single family
residential units on 2 hillside lots.
Justification for this determination is on file in the Planning Department, Community
Development, 2075 Las Palmas Drive, Garlsbad, California 92009. Comments from the public
are invited. Please submit comments in writing to the Planning Department within ten (10) days
of date of publication.
DATED:
CASE NO:
APPLICANT:
JANUARY 6, 1995
^ MCHAfiL J. HOL^ILLER
HDFs 94-04 & HDP 94-05 Planning Director
DANIEL MUHE
PUBUSH DATE: JANUARY 6, 1995
EBivd
2075 Las Palmas Drive • Carlsbad, California 92009-1576 • (619)438-1161
ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART H
(TO BE COMPLETED BY THE PLANND^G DEPARTMENT)
CASE NO. HDP 94-04 & HDP 94-05
DATE: November 30. 1994
BACKGROUND
1. CASE NAME: HDP 94-04/HDP 94-05 - Jefferson Lots 17 & 18
2. APPLICANT: Daniel Muhe
3. ADDRESS AND PHONE NUMBER OF APPLICANT: 4014 Aguila #1
Carlsbad. CA 92008
(619) 434-7850
4. DATE EIA FORM PART I SUBMITTED: April 8. 1994
5. PROJECT DESCRIPTION: Hillside Development Permits for development of two single famUv
residential units on two hUlside lots
ENVIRONMENTAL IMPA(jrS
STATE CEQA GUIDELINES, Chapter 3, Article 5, section 15063 requires that tiie City conduct an Environmental
Impact Assessment to determine if a project may have a significant effect on the environment. The Environmental
Impact Assessment appears in the following pages in the form of a checkUst. This checklist identifies any physical,
biological and human factors that might be impacted by the proposed project and provides the City with information
to use as the basis for deciding whether to prepare an Environmental Impact Report or Negative Declaration.
* A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of
its aspects may cause a significant effect on the environment. On the checklist, "NO" will be checked to indicate
this determination.
* An EIR must be prepared if the City determines that there is substantial evidence that any aspect of the project
may cause a significant effect on the environment. The project may quaUfy for a Negative Declaration however,
if adverse impacts are mitigated so that environmental effects can be deemed insignificant. These findings are
shown in the checklist under the headings "YES-sig" and "YES-insig" respectively.
NOTE: If "YES sig" is checked, the project is not necessarily required to prepare an EIR if the significant effect
has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect wUl be
mitigated, or a "Statement of Overriding Considerations" has been made pursuant to that earlier EIR.
A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under
DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation
for impacts which would otherwise be determined significant.
PHYSICAL ENVIRONMENT
WILL THE PROPOSAL DIRECni^Y OR INDIRECTLY: YES YES NO
(sig) (insig)
1. Result in unstable earth conditions or
increase the exposure of people or property
to geologic hazards?
2. Appreciably change the topography or any
unique physical features?
3. Result in or be affected by erosion of soUs
either on or off the site?
4. Result in changes in the deposition of beach
sands, or modification of the chaimel of a
river or stream or the bed of the ocean or
any bay, inlet or lake?
5. Result in substantial adverse effects on
ambient air quality?
6. Result in substantial changes in air
movement, odor, moistiu^e, or temperature?
7. Substantially change the course or flow of
water (marine, fresh or flood waters)?
10. Use substantial amounts of fuel or energy?
11. Alter a sigiuficant archeological,
paleontological or historical site,
stracture or object?
8. Affect the quantity or quaUty of surface
water, ground water or public water supply? X
9. Substantially increase usage or cause
depletion of any natural resources? X
-2-
BIOLOGICAL ENVIRONMENT
Wn.L THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES NO
(sig) (insig)
12. Affect the diversity of species, habitat
or numbers of any species of plants (including
trees, shrabs, grass, microflora and aquatic
plants)?
13. Introduce new species of plants into an area,
or a barrier to the normal replenishment of
existing species?
14. Reduce the amount of acreage of any
agricultural crop or affect prime, unique
or other farmland of state or local
importance? X
15. Affect the diversity of species, habitat
or numbers of any species of animals (birds,
land animals, all water dwelling organisms
and insects? X
16. Introduce new species of animals into an
area, or result in a barrier to the
migration or movement of animals?
HUMAN ENVIRONMENT
WILL THE PROPOSAL DIRECTTLY OR D^DIRECTLY: YES YES NO
(sig) (insig)
17. Alter the present or plarmed land use
of an area? X
18. Substantially affect public utilities,
schools, police, fire, emergency or other
public services?
-3-
HUMAN ENVIRONMENT
WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES NO
(sig) (insig)
19. Result in the need for new or modified sewer
systems, solid waste or hazardous waste
control systems? X
20. Increase existing noise levels? X
21. Produce new light or glare? X
22. Involve a sigiuficant risk of an explosion
or the release of hazardous substances
(including, but not limited to, oil,
pesticides, chemicals or radiation)? X
23. SubstantiaUy alter the density of the
human population of an area? X
29. Increase traffic hazards to motor
vehicles, bicyclists or pedestrians?
30. Interfere with emergency response plans or
emergency evacuation plans?
31. Obstract any scenic vista or create an
aesthetically offensive public view?
32. Affect the quality or quantity of
existing recreational opportunities?
24. Affect existing housing, or create a demand
for additional housing? X
25. Generate substantial additional traffic? X
26. Affect existing parking facilities, or
create a large demand for new parking? X
27. Impact existing transportation systems or
alter present pattems of circulation or
movement of people and/or goods? X
28. Alter waterbome, rail or air traffic? X
-4-
MANDATORY FINDINGS OF SIGNIFICANCE
WILL THE PROPOSAL DIRECTLY OR INDIRECTLY:
33. Does the project have the potential
to substantially degrade the quality
of the environment, substantially
reduce the habitat of a fish or wild-
life species, cause a fish or wildlife
population to drop below self-sustaining
levels, threaten to eliminate a plant or
animal community, reduce the number or
restrict the range of a rare or en-
dangered plant or animal, or eliminate
important examples of the major periods
of Califomia history or prehistory.
34. Does the project have the potential
to achieve short-term, to the dis-
advantage of long-term, environmental
goals? (A short-term impact on the
environment is one which occurs in a
relatively brief, definitive period of
time while long-term impacts will
endure well into the future.)
35. Does the project have the possible
environmental effects which are in-
dividually limited but cumulatively
considerable? ("Cumulatively con-
siderable" means that the incremental
effects of an individual project are
considerable when viewed in connection
with the effects of past projects, the
effects of other cunent projects, and
the effects of probable future projects.)
36. Does the project have environmental
effects which will cause substantial
adverse effects on human beings,
either directiy or indirectly?
YES
(sig)
YES
(insig)
NO
X
X
-5-
DISCUSSION OF ENVIRONMENTAL EVALUATION
Proiect Description:
The proposed project includes the development of two single famUy residential dwelling units on two hillside lots
adjacent to tiie Buena Vista Lagoon. The subject site consists of two lots (Lot 17 and Lot 18) totaling approximately
0.4 acre. Each lot is approximately 0.2 acre in site (Lot 17 is 7,650 square feet, and Lot 18 is 8,424 square feet).
Botii lots contain a steep slope mnning north/south approximately 25 feet ftom the westem property lines. The slope
is manmade and is the result of previous grading for a roadway which has since been abandoned. The vegetation
on the lots is limited and consists mostly of iceplant and weeds.
Physical Environment:
1. Development of the proposed two residences will not result in unstable earth conditions or other hazards.
2. The project will not appreciably change the topography. The two proposed stractures wUl be built in
compliance with all City regulations (including buUding height restrictions and hiUside development
regulations). Grading for the project will include approximately 524 cubic yards of cut and 207 cubic yards
of fill, resulting in approximately 317 cubic yards of export (total for both stmctures). The site does not
contain any unique physical features.
3. The project will not result in or be affected by erosion of soils. Any development of the property will be
conditioned to comply with all applicable City requirements to prevent erosion.
4. There is no beach sand on or adjacent to the proposed project area. The project will also not result in changes
to any channel, river, stream, or other water body. The proposed development is set back from the Buena
Vista Lagoon and will have no impact on the Lagoon.
5. The proposed project includes only two single family residences. Because the City is within a non-attainment
basin, any development results in an incremental increase to overall air quality impacts. However, this
increase was anticipated in the City's General Plan Update (GPA 94-01) and the related General Plan Master
EIR (EIR 93-01). The MEIR concluded that development of the City consistent with the General Plan would
result in unavoidable significant impacts to air quality, and a statement of overriding considerations was
adopted. Therefore, the proposed project is a subsequent project considered in the approval of the City's
Master Environmental Impact Report (EIR 93-01).
6. The proposed residential units will not result in changes in air movement, odor, moisture, or temperature. The
units are designed to provide adequate setbacks as required by the City's Municipal Code. Setbacks for the
front yards will be 20', and sideyards will be 7 1/2'. The rear of the units face the Buena Vista Lagoon.
Structures will be setback a minimum of 36' (Lot 17) and 42' (Lot 18) from the rear property lines. Beyond
the property lines is an additional 20' road easement and another bluff and tenace area. This results in the
stractures being setback more than 56' from the Lagoon. The proposed stmctures also wiU not exceed the
City's maximum allowed building height (35') for the area. Finally, the stmctures wiU be located within the
stringline fonned by adjacent stmctures.
7. The project wUl not substantially change the course or flow of any water body. The proposed stractures are
adjacent to Buena Vista Lagoon, but wUl be set back from the lagoon.
-6-
8. The project wiU not affect the quantity or quality of water. The site is served by aU necessary public facUities,
including potable water, sewer services, and storm sewers.
9. There are no natural resources on the subject lots. No substantial increase in usage of resources is expected
from the proposed single family residences.
10. The two residences are not expected to use substantial amounts of fuel or energy.
11. A cultural resource survey was conducted in June, 1994, for the two subject lots. The study concluded that
the subject site may contain sigiuficant cultural resources. Although testmg of the site found few surface
artifacts, surveyors concluded that a significant subsurface deposit exists at the site, and that mitigation
measures must be implemented. Suggested mitigation included avoidance of tiie site, capping to a depth
greater tiian excavation unpacts, archaeological data recovery from areas to be unpacted, or a combmation of
these three measures. The Master EIR (MEIR 93-01) associated witii tiie City's General Plan Update (GP 94-
01) identified a variety of mitigation measures which should be implemented based upon specific site
conditions. The appropriate measures, including preparation of a data recovery program and monitoring of
all grading activity on the site by a qualified archaeologist, will be included as conditions of approval for the
proposed project.
Biological Environment:
12. The proposed development will not affect the diversity, habitat, or numbers of any species of plants. A
biological resource survey was conducted in July, 1994, for the two subject lots. The report indicated that no
sensitive plant species were observed during the field survey. The site is dominated by non-native species
including Hottentot fig, wild oat, and brome grasses. The upper terrace is banen for approximately 60% of
its area. The bluff area contains native and non-native vegetation, but is dominated by Hottentot fig and non-
native grasses. The bluff area also supports scattered remnant coastal sage scrab elements. However, the
report concludes that the one native plant community (Diegan coastal sage scrab) is highly disturbed and exists
only as scattered remnant individuals or small stands with non-native vegetation dominant. For this reason,
and because the site is bounded by developed property on three sides, the survey concludes that the important
wildlife value of the habitat is greatly diminished, and that the coastal sage scrab habitat on the site does not
constitute habitat for the gnatcatcher. Therefore, the impacts associated with the project are not significant
on a local or regional scale.
13. The proposed development will not infroduce new plant species into the area. The surrounding area is fully
urbanized. In addition, the proposed residential development is planned to incorporate natural/existing
vegetation as much as possible.
14. The subject site is not in agricultural use and is not designated as protected farmland of any kind.
15. The proposed development will not affect the diversity, habitat, or numbers of any species of animals. The
biological resource survey (see #12 above) found no sensitive wildlife species on the property. The few
wildlife species observed during the survey (e.g., house finch, lesser goldfinch) are typically found in
association with human residences. The survey concluded that, because of the fragmented condition of
adjacent natural communities, it is doubtful that any sensitive reptUes inhabit the site.
•7-
16. Development of the proposed residences wUl not infroduce any new species to the area. The site is in an
urbanized area and is surrounded by simUar development on three sides. The site does not serve as a
migration corridor for animals.
Human Bivironment:
17. The proposed use does not alter the planned land use of the area. The subject site has been designated for
residential development by the City's General Plan.
18. The use will not substantiaUy affect public utilities, schools, police, fire, emergency or other pubUc services.
The two lots are in an urbanized area and are adjacent to similar residential development on two sides. AU
necessary public facilities are ctirrently provided to the area.
19. The proposed development wiU not result in the need for any new or modified systems. The area of the two
lots is already served by all necessary faciUties.
20. The proposed residential uses are not expected to result in any increase to existing noise levels. Temporary
short-term noise increase may occur due to constraction activities, but such activities wUl be regulated by
policies and regulations already in place.
21. The proposed single family uses are not expected to produce significant new light or glare.
22. No significant risk of explosion is expected to result from the proposed residential development.
23. The proposed use will not substantially alter the density of human population in the area. The proposal is for
two single family stractures. The use is consistent with the anticipated use of the two lots as designated by
the City's General Plan.
24. The proposed houses wiU contribute to the existing housmg supply.
25. A total of 20 additional trips is expected to result from the proposed project. Because the City is expected
to have significant unnutigable traffic impacts at buUdout, any development results in an incremental increase
to traffic unpacts. However, this increase was anticipated m the Cit/s General Plan Update (GP 94-01) and
the related General Plan Master EIR (EIR 93-01), and a statement of overriding considerations was adopted.
The proposed project is a subsequent project considered in the approval of the City's Master Environmental
Impact Report (EIR 93-01).
26. The proposed houses will not affect existing parking facilities. All parking required by the use (a two-car
garage for each unit) wiU be provided on site.
27. The proposed houses wiU not unpact existing transportation systems or aUer circulation pattems. The subject
lots will front onto a dedicated public sfreet.
28. There are no waterways, railways, or applicable air traffic uses in the surrounding area.
29. No increase to traffic hazards wiU result from the development. The proposed residential development wiU
be required to meet aU City standards regarding Icxiation and design of the proposed access point and
driveway, and the provision of an acceptable sight distance.
30. The project wiU not interfere with emergency plans. The units will be accessed by a dedicated public sfreet.
31. The proposed units will not obstract any scenic vista or create an aesthetically offensive public view. The
proposed stractures have been designed to comply with the City's HUlside Development Regulations, including
stepping the units down the hillside, building facade variations, rooflines which are consistent with the existing
slope of the site, and compliance with the City's building height resfrictions.
32. The proposed units will not affect the quaUty or quantity of existing recreational opportunities. The proposed
stractures will not result in increased need for recreational faciUties. The lots include adequate setbacks to
provide for on-site private recreational opportunities.
ANALYSIS OF VIABLE ALTERNATIVES TO THE PROPOSED PROJECT SUCH AS:
a) Phased development of the project,
b) altemate site designs,
c) altemate scale of development,
d) altemate uses for the site,
e) development at some future time rather than now,
f) altemate sites for the proposed project, and
g) no project altemative.
a - g) It has been determined through this initial study that this project wiU not have any significant adverse unpact
as conditioned or for which a statement of overriding considerations has not been made. Therefore, altemative
analysis is not warranted nor required.
-10-
DETERMINATION (To Be Completed By The Planning Department)
On the basis of this initial evaluation:
I fmd the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE
DECLARATION wiU be prepared.
I find that the proposed project COULD NOT have a significant effect on the environment, because the
environmental effects of the proposed project have already been considered in conjunction with previously
certified environmental documents and no additional environmental review is required. Therefore, a Notice
of Determination has been prepared.
I find that although the proposed project could have a significant effect on the environment, there will not be
a significant effect in this case because the mitigation measures described on an attached
sheet have been added to the project. A Conditional Negative Declaration will be proposed.
I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL
IMPACT REPORT is required.
X I find that although the proposed project could have a significant effect on the environment, the project is a
subsequent project within the scope of the project covered by a MEIR (EIR 93-01).
Date I Signature
Date Planning Director^
LIST MITIGATING MEASURES (IF APPLICABLE)
CASE NO. hh>'P'f/~oH -\-hn>P^'<^^
DATE: V-eV^y
ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART I
(To be Completed by APPLICANT)
Applicant: 0a,i\ kf /M}.J{
Address of Applicant: /p/^
Phone Number: (/i,/f)/7^^-'7'^^(7'
Name, address and piione number of person to be contacted (if other than
Applicant):
GENERAL INFORMATION: (Please be specific)
Project Description: PL/TIr-/cr/f I
Project Locati on/Address: p-7^^(^f ^f>./^/'j^ 7fp4^/''^
Assessor Parcel Number: I^^S^- / - J^^/'J
General Plan/Zone of Subject Property:
Local Facilities Management Zone:
Is the site within Carlsbad's Coastal Zone?
Please describe the area surrounding the site to the
North: ^'^JeyiiUL-^.ly/cTTtymil/ East: ^h. -fi/^ ST^^T^
South: ^^^'jJ'nA^// A-f West: t^/J6y/74/^.V/^gy^(^X»^^^<^
List all pther applicable permits & approvals related to this project:
2
/////</V^ Pe.7e/e/pnii^/fe,r>i^j7^^AJ^^^^ ^T^^e/fAce^^Ajc
Attach Additional Pages or Ex^^i (Please be SpecificT^ Attach Additional Pages or Exrnpits, if necessary)
Please describe the project site, including distinguishing natural and
manmade characteristics. Also provide precise slope analysis when a slope
of 15' or higher and 15% grade or greater is present on the site.
'/ly ^^ro)Li^rv^aJ^ 4^ ^dd(7 ^ucu-c •AM/ H/-/?^ ^ ^rs^ ram/.
2. Please describe energy conservation measures incorporated into the design^>|r
and/or operation of the project. ^taJw^fff^eJ,
OuA./ Pant T^i^&^Hd^iT/^ Q&ff danJujAj)
PLEASE ATTACH A PROJECT SUMMARY SHEET WHICH SHOWS THE FOLLOWING:
a. If a residential project identify the number of units, type of units,
schedule of unit sizes, range of sale prices or rents, and type of
household size expected, average daily traffic generation (latest SANDAG
On^ 3iiKjL o/eTkc/L//^le^ -/|^A:yc/W/^ ^^<9t7Sy 0:
b. If a commercial project, indicate the exact type, activity(ies),
square footage of sales area, average daily traffic generation
(latest SANDAG rates), parlcing provided, and loading facilities.
A
c. If an industrial project, indicate the exact type or industry(ies),
average daily traffic generation (latest SANDAG rates), estimated
employment per shift, time of shifts, and loading facilities.
If an institutional project, indicate the major project/site
function, estimated employment per shift, estimated occupancy,
loading facilities, and community benefits to be derived from the
project.
I. ENVIRONMENTAL IMPACT ANALYSIS
Please Answer each of the following questions by placing a check in the
appropriate space. Then, fully discuss and explain why each item was
checked yes or no. Provide supporting data if applicable. Attach
additional sheets as necessary.
YES NO
1) Could the project significantly impact or change
present or future land uses in the vicinity of the
activity?
EXPLANATION: /^ucA n/ J/^/THt^r/iir^
2) Could the activity affect the use of a recreational
area, or area of aesthetic value? /\
EXPLANATION: jL. A. //VY/Si3/r,cA^y
n/^ lAfd' -Jro f^r^/y'n^^/ose, fits
3) Could the activity affect the functioning of an
established community or neighborhood? X
EXPLANATION: A <r/)v^/4 /\/^^ /< mhidyr
4) Could the activity result in the displacement of - •
community residents? X-
EXPLANATION: 'JIMI^I. ^r^e. C^Mrn>^lji //^e<Ao^^yf
YES NO
5) Could the activity increase the number of low and
moderate cost housing units in the city? /\
EXPLANATION: fj^t$ /tP^^^. Will J)^ /&W C^Cff
6) Could the activity significantly affect existing
housing or create a demand for additional housing?
EXPLANATION: 4 5^^^^ ^fHA<^-
7) Are any of the natural or man-made features in the
activity area unique, that is, not found in other v/
parts of the county, state or nation? .X
EXPLANATION: fi>u^.r\^ Ifj^fT'i /.gg^^^^ mJ/A'
OojUt/A :/B M^L i^t^Jif^ /i^^fi Will
/^,^v/ ^\:pAc/' ,7^^^.
8) Could the activity significantly affect an
historical or archaeological site or its settings?
EXPLANATION: - lJ^/< ^/ /x. ll-j/^ri^^/
9) Could the activity significantly affect the
potential use, extraction, or conservation of a
scarce natural resource?
EXPLANATION: •y^.^r/^fi. Grp. ^Q^M. r^SAU.nQ££^
—
YES NO
10) Could the activity significantly affect fish,
wildlife or plant resources?
EXPLANATION: litu^ ^^a^ /ir/ f/^^)^^^
^ fNL 1^ g/^J jy^jj// n/ioW^
11) Are there any rare or endangered plant or animal .
species in the activity area? 'X^
EXPLANATION: a/j^j^/^^ •^7d sj,^/n^
12) Could the activity change existing features of any
of the city's stream, lagoons, bays, tidelands
or beaches?
EXPLANATION: ^^t^ A^^g \'^jlJ n</' ntfftc/jji
13) Could the activity result in the erosion or elimin-
ation of agricultural lands?
EXPLANATION:
Ja/n^.^—Al i^(u arm.
<x,Y\rl mil na/ mpa^ {J^i7^^</m&f/^
X
14) Could the activity serve to encourage development
of presently undeveloped areas or intensify develop- \
ment of already developed areas? /
EXPLANATION: ^^y^^ /J^ -Ar /m^ /^<e
YES _N0
15) Will the activity require a variance from estab-
lished environmental standards (air, water, noise, .. .
etc.)?
EXPLANATION: Mr K/^MA/J L (LA^/tou^a..
^
16) Is the activity carried out as part of a larger ^
project or series of projects? /V
EXPLANATION: 7^/^ /y^<5/g. /-S &lAnA ^A^W^
17) Will the activity require certification, authoriza-
tion or issuance of a permit by any local, state , /
or federal environmental control agency? SC
EXPLANATION: 'jj^t^ C^lJi^t^nU Ce^aS'/^f U/f^mijjUn .
18) Will the activity require issuance of a variance or * /
conditional use permit by the City? ^
EXPLANATION: fimse^ W^P/ Om^r/h. ^
19) Will the activity involve the application, use, or
disposal of potentially hazardous materials?
EXPLANATION
YES NO
20) Will the activity involve construction of facilities
in a flood plain?
EXPLANATION: /'^ nt/^
EXPLANATION:
l1^s>^ gr^ 7\<2 c^^Ug -fi^/tAj/s
23) Will the activity involve the burning of brush,
trees, or other materials?
EXPLANATION: /4y ^
21) Will the activity involve construction of facilities ^
in the area of an active fault? /\
22) Could the activity result in the generation of
significant amounts of dust?
EXPLANATION: /)^ y.^/f^eu^'/v^^ p/u^ (Stc/kn^
ill J}f^—//I V^/v^.
X
24) Could the activity result in a significant change
in the quality of any portion of the region's air
or water resources? (Should note surface, ground ^
water, off-shore.) 7\
EXPLANATION: . f^p^^fi- iuJ/,<;^n;//W>^
yjaj^ rt6<^r^,
YES NO
25) Will the project substantially increase fuel v y
consumption (electricity, oil, natural gas, etc.)? y\
EXPLANATION: (P%L y/,_ .yy/^^/ cVryi^^/'
26) Will the activity involve construction of facilities
on a slope of 25 percent or greater?
EXPLANATION: jf^r^ o^/jf <!r^y,/^^c;4^
X
27) Will there be a significant change to existing /
land form? V
(a) Indicate estimated grading to be done in ^/^l/J'j^ i>af'teJs / J
cubic yards: ^27 TL/PIK1] .9/7 ^^^rtCW n'^^'' ^ ^
(b) Percentage of alteration to the present
land form: .
(c) Maximum ijeight of cut or fill slopes;
EXPLANATION:
28) Will the activity result in substantial increases
in the use of utilities, sewers, drains or streets?
^TION^ /Q/i^^
X
EXPLANATION; rl)^/^ aS nf^rma/ )^ ^7
YES NO
29) Will the project significantly increase wind or ,
water erosion of soils? \c
EXPLANATION: f^h^^j^^rf^ Ir^J^ .^/r^
30) Could the project significantly affect existing
fish or wildlife habitat?
EXPLANATION: ST}^^ ^ c^mJShii^i^tT^
EXPLANATION: ^U^f yf, 7^
^llol/t^ cm 7/^ /^Z i^'rJ
^M/i/ jA/t// A4i/ ^^/^-i,
31) Will the project significantly produce new light v /
or glare? NC,
10
II. STATEMENT OF NoftfiNIFICANT ENVIRONMENTAI FFFECl
If you have answered yes to any of the questions in Section I but think
the activity will have no significant environmental effects, indicate your
reasons below:
^7 i^fU7 /7js n^ l/i^ 7^//A^ ^
J JJ elrUcJ /eWa^ JaU>^ '-^^ ^yf
III. COMMENTS OR ELABORATIONS TO ANY OF THE QUESTIONS IN SECTION I
(If additional space is needed for answering any questions, attach
additional sheets as needed.)
Signature 1-^77
(Person'^^ofnpTeTfng Report)
Date Signed ^/y/f/
11
/^QX SOUTHERN CALIFORNIA
/ SOU, & TESTING, INC.
6280 Riverdale Streel, San Diego, CA 92120
P.O. Box 600627, San Diego, CA 92160-0627
619-280-4321, FAX 619-280-4717
October 4, 1993
Mr. Daniel Muhe
4014 Aguila Street, No. I
Carlsbad, California 92008
SCS&T 9221004
Report No. 2
SUBJECT: Existing Slope, Proposed residential Sits, Jefferson Street, Carlsbad, California.
REFERENCE: "Report of Preliminary Geotechnical Investigation, Proposed Residential Site;"
Southern California Soil and Testing, Inc.; March 27, 1992.
Dear Mr. Muhe:
This letter has been prepared to confirm our opinion that the existing slope betw£en the upper
portion of the site and Carlsbad Road (abandoned) is a cut slope. Apparendy the slope is die result
of grading operations required for the alignment of Carlsbad Road.
If you should have any questions regarding this report, piease do not hesitate to contact this office.
This opportunity to be of professional service is sincerely appreciated;
Respectfully submitted.
LIFORNIA SOIL, AND TESTING, INC. I
Daniel B. AkJler, R.C.K #36037
DBArmw
cc: (3) Submitted
3
Carlsbacd
Municipal Water District
5950 El Camino Real, Carlsbad, CA 92008
Engineering: (619) 438-3367
Administration: (619) 438-2722
Fax: (619) 431-1601
Date: 01X^:6^ (}n, i^^lf
City of Carlsbad
2075 Las Palmas Drive
Carlsbad, Califomia 92009
TO:
FROM: CMWD NO. 94-d.4(ft
SUBJECT: 4pf q^-Qi^ - TB^fig^tTKi^^ iprq4-i/^
In response to your inquiry of. .,the District has
reviewed subject project and the Carlsbad Municipal Water District conditions for potable water,
reclaimed water and sewer systems are as follows:
1. The entire potable water system, reclaimed water system and sewer system shaU be
evaluated in detaU to insure that adequate capacity, pressure and flow demands can be
met.
2. The Developer shall be responsible for all fees, deposits and charges which wiU be
collected before and/or at the time of issuance of the buUding permit. The San Diego
County Water Authority capacity charge will be collected at issuance of application for
meter installation.
"Serving Carlsbad for over 35 years" ®
Page 2
City of Carlsbad
Date
3. Sequentially, tiie Developers Engineer shall do tiie following:
A. Meet with the City Fire Marshall and establish the fire protection requirements.
Also obtain G.P.M. demand for domestic and irrigational needs from appropriate
parties.
B. Prepare a colored reclaimed water use area map and submit to the Planning
Department for processing and approval.
C. Prior to the preparation of sewer, water and reclaimed water improvement plans,
a meeting must be scheduled with the District Engineer for review, comment and
approval of the preliminary system layouts and usages (ie - GPM - EDU).
4. This project is approved upon the expressed condition that building permits wiU not be
issued for development of the subject property unless the water district serving the
development determines that adequate water service and sewer facilities are available at
the time of application for such water service and sewer permits will continue to be
available until time of occupancy. This note shall be placed on the final map.
5.
If you have any questions, please contact the undersigned.
F. Jerry Whitiey
Associate Engineer
FJW:jm
CITY OF CARLSBAD REVIEW AND COMMENT MEMO
DATE: OCT. 13, 1994 REVISED PLAN
TO: ENGINEERING DEPARTMENT
* POLICE DEPARTMENT - ATTN: J. SASWAY
* FIRE DEPARTMENT - MIKE SMITH
* BUILDING DEPARTMENT - PAT KELLEY
* COMMUNITY SERVICES - MARK STEYAERT
* COMMUNITY SERVICES - VIRGINIA McCOY
* CARLSBAD ^WATER DISTRICT- ROBERT GREANEY
LANDSCAPE PLANCHECK CONSULTANT - LARRY BLACK
CARLSBAD ^SCHOOL DISTRICT
* NORTH COUNTY TRANSIT DISTRICT - THOMAS LIGHTERMAN
SAN DIEGO GAS & ELECTRIC - BICH TRAN (Memo Only)
* ALWAYS SEND EXHIBITS
FROM: PLANNING DEPARTMENT
REQUEST FOR REVIEW AND COMMENT ON APPLICATION NO. HDP 94-04
Note: Please use this number on all correspondence.
PROJECT TITLE: JEFFERSON STREET - LOT 17 & 1!
APPLICANT: DANIEL MUHE
PROPOSAL: The existing lots are being prepared for one single family
residence each. A street vacation, adjustment plat. Hillside Development
Permit, and a review by the coastal commission have been required. This
process is clearing up a long-standing problem with access to the parcel
due to the re-alignment of Jefferson St. when the 1-5 bridge was built.
Please review and submit written comments and/or conditions to:
ELAINE BLACKBURN • the Project Planner in the Planning Dept.
at 2075 Las Palmas Drive, by OCT. 27, 1994 If not received by that
date, it will be asumed that you have no comment and the proposal has your
endorsement as submitted. If you have any questions, please contact
ELAINE BLACKBURN at 438-1161, ext. 4471
THANK YOU .fOf'^^^'^i^
COMMENTS: (^^^-^-^^^^^^^P Tl^ii^i^^ ^
PLANS ATTACHED FRM0020 5/94
CITY OF CARLSBAD REVIEW AND COMMENT MEMO
DATE: OCT. 13, 1994 REVISED PLAN
TO: ENGINEERING DEPARTMENT
* POLICE DEPARTMENT - ATTN: J. SASWAY
*• FIRE DEPARTMENT - MIKE SMITH
* BUILDING DEPARTMENT - PAT KELLEY
* COMMUNITY SERVICES - MARK STEYAERT
* COMMUNITY SERVICES - VIRGINIA McCOY
* CARLSBAD ^WATER DISTRICT- ROBERT GREANEY
LANDSCAPE PLANCHECK CONSULTANT - LARRY BLACK
CARLSBAD SCHOOL DISTRICT
* NORTH COUNTY TRANSIT DISTRICT - THOMAS LIGHTERMAN
SAN DIEGO GAS S ELECTRIC - BICH TRAN (Memo Only)
* ALWAYS SEND EXHIBITS
FROM: PLANNING DEPARTMENT
REQUEST FOR REVIEW AND COMMENT ON APPLICATION NO. HDP 94-04
Note: Please use this number on all correspondence.
PROJECT TITLE: JEFFERSON STREET - LOT 17 & 18
APPLICANT: DANIEL MUHE
PROPOSAL: The existing lots are being prepared for one single family
residence each. A street vacation, adjustment plat, Hiliside Development
Permit, and a review by the coastal commission have been required. This
process is clearing up a long-standing problem with access to the parcel
due to the re-alignment of Jefferson St. when the 1-5 bridge was built.
Please review and submit written comments and/or conditions to:
ELAINE BLACKBURN • the Project Planner in the Planning Dept.
at 2075 Las Palmas Drive, by OCT. 27, 1994 If not received by that
date, it will be asumed that you have no comment and the proposal has your
endorsement as submitted. If you have any questions, please contact
ELAINE BLACKBURN at 438-1161, ext. 4471
THANK YOU
COMMENTS: ^y&cJ^ TKvs'^ Tl/ti^sJtj i^^k-f^ 7^S^ ^^^7^^
^^f^ /^^^^/r\A/1 ff-^-^A i7c^ ^ ^6A^ CL^JL
PLANS ATTACHED (7 FRM0020 5/94
Date: 10-24-94
To: Planning Department
From: Police Department/Crime Prevention
Subject: Plan Review #HDP 94-04
The area of concern to the Police Department with this plan is:
General security for residents.
Plan review recommendations
Keying- Upon occupancy by the owner, each single unit in a tract or
construction under the same general plan, shall have locks using
combinations which are interchange-free from locks used in all other
separate dwellings or similar distinct occupancies.
Lighting-Individual homes shall be equipped on all sides with
lighting fixtures. These fixtures shall be equipped with dawn to dusk
sensors. It is recommended that these fixtures be adapted to use
something other than an incandescent bulb for energy efficiency.
Landscaping- The exterior landscaping shall be kept at a minimal
height and fullness giving police, security services and the general public
surveillance capabilities of the area. Shrubs should be low profile . Trees
shall not be planted to provide access to the roof. Trees and shrubs shall
pruned away from lighting.
Fences shall be of the see through variety for the purpose of surveillance.
Trees shall be pruned away from fences to not provided access over the
fence. Thick foliage at the fence line impairs yard visibility and conceals
a breach in the fence.
Security plants can be used to deter access into areas.
Addressing- All residential dwellings shall display a street
number in a prominent location on the street side of the residence in such
a position that the number is easily visible to approaching emergency
vehicles. The numerals shall be no less than four (4) inches in height and
shall be of a contrasting color to the background to which they are
attached. It is recommended that house numbers be displayed in
illuminated fixtures.
Doors- Front doors shall be positioned so there is vision to them
from the main street. All wooden doors into the residence shall be of
solid core construction with a minimum thickness of one and three fourths
(1-3/4) inches. This includes the garage pedestrian door, and the door
from the garage into the residence. These doors shall be equipped with a
single cylinder deadbolt lock.
All entry and exit doors to dwelling units shall be arranged so that the
occupant has a view of the area immediately outside the door without
opening the door. Except for doors requiring a fire protection rating which
prohibits them, such view may be provided by a door viewer having a field
of view of not less than 190 degrees. Mounting height shall not exceed
fifty-four inches from the floor.
There shall not be glass panels within forty inches of a locking device.
Sliding Doors-Horizontal sliding doors shall be equipped with a
metal guide track at top and bottom. The bottom track shall be so designed
that the door cannot be lifted from the track when the door is in the
locked position. The door shall also be equipped with security hardware
such as a pin.
French Doors- French doors shall be equipped with a single
cylinder deadbolt lock. The glass shall be fully tempered, or coated with
burglary resistant glazing.
Double Doors- The inactive leaf of a double door shall be equipped
with metal flush bolts having a minimum embedment of five-eighths (5/8)
inch into the head and threshold of the door frame.
Single Cylinder Deadbolt- Deadbolt locks shall be installed on
all access doors of any residential building and attached garages,
including the door leading from the garage area into the dwelling. The
cylinder shall have a five pin tumbler, and shall be connected to the inner
portion of the lock by connecting screws.
Deadbolt shall have a minimum protection of one inch and be constructed
to repel cutting tool attacks. The dead-bolt shall have an embedment of at
least three-fourths inch into the strike plate area.
Strike Plate- Strike Plate and dead-bolt are to be installed with
wood screws that are three inches in length.
Hinges- Hinges for out-swinging doors shall be equipped with non-
removable hinge pins or a mechanical interlock to preclude removal of the
door from the exterior by removing the hinge pins.
Garage Doors-Doors that exceed sixteen feet in width shall have
two lock receiving points; or, if the door does not exceed nineteen feet, a
single bolt may be used if placed in the center of the door with the locking
point located either at the floor or door frame header; or, torsion spring
counter balance type hardware may be used.
Windows- Aluminum sliding windows shall be equipped with
security hardware that prevents the window from being lifted out when
the window is in the locked position.
Double Hung and crank windows shall be equipped with security hardware.
Louvered windows shall not be installed.
By, Jodeene R. Sasway
Crime Prevention Specialist
(619)931-2195
September 12, 1994
TO: ELAINE BLACKBURN, ASSOCIATE PLANNER
FROM: Associate Engineer
VIA: Assistant City Engineer ^
CONDITIONS TRANSMITTAL - HDP 94-04
The Engineering Department has completed its review of the subject project. The Engineering
Department is recommending that the project be approved subject to the following conditions:
33. This project is located within the Mello II Local Coastal plan. All developnnent design shall
comply with the requirements of that plan.
35. The applicant shall comply with all the rules, regulations and design requirements of the
respective sewer and water agencies regarding services to the project.
36. The applicant shall be responsible for coordination with S.D.G.&E., Pacific Bell Telephone,
and Cable TV authorities,
53. Prior to approval of the grading plan, the owner shall execute a hold harmless agreement
for geologic failure.
54. Based upon a review of the proposed grading and the grading quantities shown on the
site plan, a grading permit for this project is required.
57. Prior to hauling dirt or construction materials to or from any proposed constmction site
within this project, the applicant shall submit to and receive approval from the City
Engineer for the proposed haul route. The applicant shall comply with all conditions and
requirements the City Engineer may impose with regards to the hauling operation.
58. The developer shall exercise special care during the construction phase of this project to
prevent offsite siltation. Planting and erosion control shall be provided in accordance with
the Carlsbad Municipal Code and the City Engineer. Reference Chapter 11.06.
• The applicant shall construct sidewalk along the project frontage to the satisfaction of the
City Engineer prior to Certificate of Occupancy. The construction of the sidewalk and
driveway aprons will require a Right-of-Way Permit.
• A street vacation for Jefferson Street and the associated adjustment plat shall be recorded
prior to the issuance of building permits.
If you have questions regarding any of the comments above, please contact me at
extension 4^27.
SHERRI HOWARD
Associate Engineer
SH:jb
CITY OF CARLSBAD
ENGINEERING DEPARTMENT
LAND USE REVIEW TRANSMITTAL
To Project Planner: ^{[(itAd) l^^lOlkhuJU Date ^^M^
From -.^'JinxL ft?1im^/L Project Id No(s): WP
Via Assistant City Engineer: Ql/^ Proiect Name.'r/TtyCcfe _
COMPLETENESS REVIEW AND INITIAL ISSUES STATEMENT
The Engineering Department has completed its review of the subject project for application
completeness. The application and plans submitted for this project are:
_V^^omplete and suitable for continued review.
Incomplete and unsuitable for further review. Please
see attached checklist for missing or incomplete items.
In addition the Engineering Department made a preliminary review of the project for Engineering
issues. Engineering issues which need to be resolved or adequately addressed prior to
conditioning of the project are as follows:
- r^rfuJj/i^ ^f7?/imM M/^IAM^
'rJJiiA^ ^fkiyx > J^D77LO ^imo UDOL^/OU
£)nL>fA7 7Ay^ iXyi7±JU^ ,(lj07tU&Ao
Also attached is a redlined check print of the site plan. This plan is given to the
applicant for corrections and changes as noted. The applicant must return the
redlined checkprint with the corrected site plan to assist us in our continued
review.
Also attached is a
H:\UBRARY\ENQ\WPOATA\MISC\CPLREVIN.TRN Page: 8 REV 10/20/93
DATE:
TO:
FROM:
CITY OF CARLSBAD
INTER-OFFICE CORRESPONDENCE
PLANNING DEPARTMENT/SENIOR MANAGEMENT ANALYST
Engineering Department
SUBJECT: REVIEW OF ADJUSTMENT PLAT
ADJ V5S
Attached is one Adjustment Plat. Please review and return your comments to
VS^Y' /V-^^vv^^^ - within in one week (^^//9/?^ ).
Thank you for your cooperation.
REPLY: ^yi^^ '^JpuJ^lyM^^c^^ .^^y^^T^^ &^-<J^7^ "5^>>^J^
Signature Date
"EXHIBIT A"
EXISTING PARCEL PER DEED
A.P.N. 155-180-17
THAT PORTION OF TRACT 2, 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, TOGETHER WITH A PORTION OF CARLSBAD
ROAD, COUNTY ROAD SURVEY NO. 135, AS SHOWN ON SAID MAP NO. 1719,
SAID PORTION HAVING BEEN CLOSED TO VEHICULAR TRAFFIC ONLY BY ORDER
OF THE BOARD OF SUPERVISORS ON JUNE 28, 1948, A COPY OF WHICH WAS
RECORDED JULY 1, 1948, AS FILE NO. 65377 OF OFFICIAL RECORDS, BEING
DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF SAID COUNTY
ROAD SURVEY NO. 135 (CARLSBAD ROAD, VACATED) AND THE WESTERLY LINE
OF JEFFERSON STREET, 60 FEET WIDE, AS SHOWN ON ROAD SURVEY MAP NO.
843, FILED ON THE OFFICE OF THE SURVEYOR OF SAID COUNTY; THENCE
ALONG THE CENTER LINE OF SAID ROAD SURVEY NO. 135 AS FOLLOWS:
NORTH 52''29'00" WEST 128.16 FEET; THENCE NORTH 23°44'00" WEST 65.82
FEET; TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID
CENTERLINE NORTH 3*59'00" WEST 58.70 FEET; THENCE LEAVING SAID
CENTERLINE NORTH 78'49'50" EAST 69.30 FEET TO A POINT ON THE ARC OF
A 430 FOOT RADIUS CURVE CONCAVE EASTERLY, SAID CURVE BEING ALSO
THE WESTERLY LINE OF SAID JEFFERSON STREET, 60 FEET WIDE, A RADIAL
LINE OF SAID CURVE BEARS SOUTH 78°49'50" WEST TO SAID POINT; THENCE
SOUTHERLY ALONG SAID CURVE THROUGH CENTRAL AN ANGEL OF 6°30'50" A
DISTANCE OF 48.89 FEET, TO A LINE THAT BEARS NORTH 77°07'56"EAST
FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 77°07'50" EAST TO
THE TRUE POINT OF BEGINNING.
1044LGL.TXT
/m^''-"'77\
Mo. 33059 ."I
^J''7^C
.: OF crAV.^V
7^
C:'" 77 {7- . • • •
,i .*-k ^.r •-i-
•EXHIBIT B"
PARCEL PER LOT LINE ADJUSTMENT NO..
A.P.N. 155-180-18
THAT PORTION OF TRACT 2, 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, TOGETHER WITH A PORTION OF CARLSBAD
ROAD, COUNTY ROAD SURVEY NO. 135, AS SHOWN ON SAID MAP NO. 1719,
SAID PORTION HAVING BEEN CLOSED TO VEHICULAR TRAFFIC ONLY BY ORDER
OF THE BOARD OF SUPERVISORS ON JUNE 28, 1948, A COPY OF WHICH WAS
RECORDED JULY 1, 1948, AS FILE NO. 65377 OF OFFICIAL RECORDS, BEING
DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF SAID ROAD
SURVEY NO. 135 (CARLSBAD ROAD, VACATED) WITH THE WESTERLY LINE OF
JEFFERSON STREET, 60 FEET WIDE, AS SHOWN ON ROAD SURVEY MAP NO.
843, FILED IN THE OFFICE OF THE SURVEYOR OF SAID COUNTY; THENCE
ALONG THE CENTER LINE OF SAID CARLSBAD ROAD NORTH 43°18'00" WEST
13.83 FEET; THENCE NORTH 52"'29'00" WEST 123.00 FEET; THENCE NORTH
23°44'00" WEST 65.80 FEET; THENCE NORTH 3°59'00" WEST 79.96 FEET;
TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID
CENTERLINE NORTH 3"59'00" WEST 79.96 FEET; THENCE LEAVING SAID
CENTERLINE NORTH 89° 34'56" EAST 67.78 FEET TO A POINT ON THE ARC OF
A 430 FOOT RADIUS CURVE CONCAVE EASTERLY, SAID CURVE BEING ALSO
THE WESTERLY LINE OF SAID JEFFERSON STREET, 60 FEET WIDE, AS SHOWN
ON COUNTY ROAD SURVEY NO. 843, A RADIAL LINE OF SAID CURVE BEARS
SOUTH 89"37'50" WEST TO SAID POINT; THENCE SOUTH 78°13'38" EAST
56.12 TO A POINT ON A 530 FOOT RADIUS CURVE CONCAVE EASTERLY SAID
CURVE ALSO BEING THE WESTERLY RIGHT OF WAY JEFFERSON STREET AS
SHOWN ON SAID LO MAP 3787, SAID LAST COURSE BEING RADIAL TO SAID
CURVE; THENCE SOUTHERLY ALONG SAID CURVE THROUGH AN ANGEL OF
6'46'12" A DISTANCE OF 62.63 FEET, TO A POINT, A RADIAL LINE TO
SAID CURVE BEARS NORTH 84"59'49" WEST; THENCE LEAVING SAID CURVE
NORTH 84"59'49" WEST 39.96, TO A POINT ON THE SIDELINE OF JEFFERSON
STREET AS SHOWN ON SAID COUNTY ROAD SURVEY NO. 84 3; THENCE SOUTH
81"24'11" WEST 69.18 FEET TO THE TRUE POINT OF BEGINNING.
1044LGL.TXT
Mo 33050 ^j^g
%^^^C7^/h?ii
9 ' -r.
EXHIBfT •B"
DRAFT
CARLSBAD RD
SITE
JEFFERSON ST.
LAS FLORES
PACIFIC
OCEAN
SCALE: r^SO'
HIGHWAY
-CARLSBAO VILLAGE DR.
EL CAMINO REAL TAMARACK AVE.
i.A i \'
%G77.
L£6AL DESCRIPTION
A PORTION OF TRACT 2. LAGUNA MESA TRACTS. IN
THE CITY OF CARLSBAD. COUNTY OF SAN DIEGO,
STATE OF CAUFORNIA. ACCORDING TO MAP NO.
1719. RLED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY. JUNE 20. 1921.
BASIS OF BEARINQS
THE WESTERLY RIGHT OF WAY OF JEFFERSON STREET
AS SHOWN ON RECORD OF SURVEY NO. 12972.
LE. N OO102'OO' W
OWNERS
DANIEL L MUHE
PATRICIA JANE MAHY
4014 AGUILA §
CARLSBAD. CA 92008
619-434-7850
VICINITY MAP
LEGEND
100.00
DDI
NEW PROPERTY UNE
ABANDONED PROPERTY UNE
PER ROS
STREET VACATION PER DOC.
DOC. # REC.
RECORD OR CALCULATED DATA PER DEED
RECORDED AS DOC. NO. 87-659024
25 NOV. 1987.
DANIEL L MUHE
PATRICIA JANE MAHY
THIS ADJUSTMENT PLAT WAS PREPARED
BY ME OR UNDER MY DIRECTION ON 1/28/93.
CONRAD C. HAMMANN R.C.E. 33069
SEA CREST ENGINEERING. INC.
3179 ROOSEVELT STREET
CARLSBAD, CALIFORNIA 92008
(619)-729-0557 /
ADJUSTMENT PLAT QTY OF CARLSBAD NO.
APPUCANT:
DANIEL L MUHE
4014 AGILA #1
CARLSBAD. CA 92008
PREPARED BY:
CONRAD C. HAMMANN
R.C.E.
RCE 33069 6/30/94
REG. NO. EXP. DATE
APPROVED BY:
QTY ENGINEER
REG. NO.
A.P.N.
DATE 155-180-17.18
EXP. DATE
-JN 1029
City of Carlsbad
Planning Department
June 5, 1995
IVIr. Daniel Muhe
4014 Aguila #1
Carlsbad, CA 92008
SUBJECT: \0P 94-04 JEFFERSON STREET LOT 17/HDP 94-05 JEFFERSON STREET LOT
18
In our recent telephone conversation you had questions regarding the affordable housing
and landscaping requirements for the above-referenced projects. Pursuant to that
conversation, staff has reviewed the approvals of the projects and is now able to provide
clarification regarding these two items.
Affordable Housing (Condition No. 6) - When the above-referenced two projects were
approved (on February 8, 1995), the conditions of approval for each project required that
an "in-lieu" fee be paid for each discretionary project to satisfy the City's affordable
housing requirements forthe proposed two single-family residential developments. Since
that approval date, Planning Department staff has received further clarification regarding
the payment of "in-lieu" fees (approximately $11,000.00) versus "impact" fees
(approximately $3,200.00). Staff has therefore concluded that the affordable housing
requirements for the above referenced projects can be satisfied by the payment of an
"impact" fee for each development rather than the "in-lieu" fee called for in the conditions
of approval.
Landscape Plans (Condition Nos. 14 and 18) - Staff is aware that the proposed
landscaping for the subject site consists of mostly natural vegetation such as exists
currently on the site. Therefore, the landscaping will not be required to comply with the
Landscape Guidelines Manual. However, due to grading/building activities, this material
may be disturbed and require revegetation. The City does require that detailed
landscape plans be approved through the plancheck process before issuance of a
grading or building permit.
I hope this addresses your concerns. If you have any other questions, please contact
Elaine Blackburn at (619) 438-1161, extension 4471.
E/WAYNE
Assistant Planning Director aCWEKk
MUHe.LT1l
2075 Las Palmas Drive • Carlsbad, California 92009-1576 • (619) 438-1161 ®
City of Carlsbad
Planning Departnnent
February 8, 1995
Mr. Daniel Muhe
4014 Aguila #1
Carlsbad, CA 92008
SUBJECT: HDP 54-04 - JEFFERSON STREET LOT 17
The City has completed a review of the application ias a Hillside Development Permit for a lot
on the West side of Jefferson Street between Las Flores and the 1-5 Bridge (assessor's parcel
nimiber 155-180-17).
It is the Planning Director's determination that the project is consistent with the City's Hillside
Development Ordinance, Chapter 21.95 of the Carlsbad Mimicipal Code and therefore
APPROVES this request based on the following:
Findings;
1. Based upon the initial study, the subsequent project is within the scope of the project
covered by the MEIR (EIR 93-01) for the Carlsbad General Plan Update (GPA 93-04).
Specifically, the proposed project will have no additional significant effects (as defmed
by Public Resources Code Section 21158(b)), on the environment that were not identified
in the Master EIR and requires no new or additional mitigation measures or altematives
in order to avoid or mitigate a significant environmental effect.
2. The City of Carlsbad finds that the mitigation measures discussed in the CEQA findings
and the Final MEIR (EIR 93-01) for the Carlsbad General Plan Update (GPA 94-01),
when implemented, avoid or substantially lessen most of the significant effects identified
in the MEIR. Nonetheless, certain significant effects of the (voject cm Air Quality and
Circulaticm are unavoidable even after incorporation of all feasible mitigation measures
such as those listed in Section 5.3-1, Air Quality, and Section 5.7-1. Circulation of
Master EIR 93-01. The impacts to Air Quality and Circulaticxi are regional issues which
require regional solutions and are beyond the jurisdiction of the City to control. The City
has included text, and numerous programs and policies which acknowledge the City's
responsibility and willingness to participate in regional efforts to resolve these issues.
The City Council has balanced the benefits of having an updated General Plan to guide
the future development of the City against these remaining unavoidable environmental
effects and finds them acceptable. The City required an Updated General Plan which
reflects the cuirent goals of the community and recognizes the quality of life standards
that are fundamental to the citizens of Carlsbad. The benefits of adopting the Updated
General Plan outweigh the incremental contribution to regional Air Quality and
Circulation impacts.
2075 Las Palmas Drive • Carlsbad, California 92009-1576 • (619)438-1161 ^
Mr. Daniel Muhe
HDP 94-04 - Jefferson Street Lot 17
February 8, 1995
Page 2
3. The Planning Director has, by inclusion of an appropriate condition to this project,
ensured building permits will not be issued for the project unless the District Engineer
determines that sewer service is available, and building cannot occur within the project
unless sewer service remains available, and the Planning Director is satisfied that the
requirements of the Public Facilities Element of the General Plan have been met insofar
as they apply to sewer service for this project.
4. School fees will be paid to ensure the availability of school facilities in the Carlsbad
School District.
5. All necessary public improvements have been provided or will be required as conditions
of approval.
6. The applicant has agreed and is required by the inclusion of an appropriate condition to
pay a public facilities fee. Performance of that contract and payment of the fee will
enable this body to find that public facilities will be available concurrent with need as
required by the General Plan.
7. This project is consistent with the City's Growth Management Ordinance as it has been
conditioned to comply with any requirement approved as part of the Local Facilities
Management Plan for Zone 1.
8. Hillside conditions have been properly identified on the constraints map which shows
existing and proposed conditions md slope percentages.
9. Undevelopable areas of the project, i.e. slopes over 40%, have been properly identified
on the constraints map.
10. The development proposal is ccxisistent with the intent, purpose, and requirements of the
Hillside Ordinance, Chapter 21.95.
11. The proposed grading and development will not occur in the undevelopable portions of
the site, pursuant to the provisions of Chapter 21.95 of the Municipal Code.
12. The project design and lot configuration minimize disturbance of hillside lands.
13. The project design substantially conforms to the intent of the concept illustrated in the
Hillside Development Guidelines Manual.
14. The maximum structure height indicated for the proposed structure on the profiles
shown on Exhibit "A" dated February 1, 1995, is within the maximum aUowed
building height of 35' for the R-3 Zone.
Mr. Daniel Muhe
HDP 94-04* - Jefferson Street Lot 17
February 8, 1995
Page 3
15. That the project is consistent with the Housing Element of the General Plan and the
Inclusionary Housing Ordinance as the developer has been conditioned to pay an
inclusionary housing in-lieu fee.
16. The project is consistent with the City's landscape policies as it has been conditioned to
comply with the requirements of the Landscape Manual.
Conditions:
Planning Conditions:
1. Approval is granted for HDP 94-04, as shown on Exhibit(s) "A" - "F", dated February 1,
1995, incorporated by reference and cm file in the Planning Department. E>evelopment
shall occur substantially as shown unless otherwise noted in these conditions, and
approved by the Planning Director cw City Engineer.
2. This project is approved upon the express c<»idition that building permits will not be
issued for development of the subject property unless the District Engineer determines
that sewer facilities are available at the time of application for such sewer permits and
will continue to be available until time of occupancy.
3. This project is also approved under the express condition that the applicant pay the public
facilities fee adopted by the City Council on July 28, 1987 (amended July 2, 1991) and
as amended from time to time, and any development fees established by the City Council
pursuant to Chapter 21.90 of the Carlsbad Municipal Ccxie or other ordinance adopted to
implement a growth management system of fecilities and improvement plan and to fulfill
the developer's agreement to pay the public facilities fee dated April 8,1994, a copy of
which is on file with the City Clerk and is incorporated by this reference. If the fees are
not paid this applicati(m will not be consistent with the General Plan and approval for this
project will be void.
4. Prior to approval of a final map or the issuanc^approval of a building or grading permit,
which ever occurs first, the applicant foi the final nu^ <x permit shall submit evidence
to the City that impacts to school facilities have been mitigated in confonnance with the
City's Grov^ Management Plan to the extent pennitted by applicable state law. If the
mitigation involves a financing scheme such as a Mello-Roos Community Facilities
District which is inconsistent with the City's Growth Management Plan including City
Council Policy Statement No. 38, the developer shall disclose to future owners in the
project, to the maximum extent possible, the existence of the tax and that the school
dis^ct is the taxing agency responsible for the financing district.
Mr. Daniel Muhe
HDP 94-04 - Jefferson Street Lot 17
February 8, 1995
Page 4
5. This project shall comply with all conditions and mitigation measures which may be
required as part of the Zone 1 Local Facilities Management Plan and any amendments
made to that Plan prior to the issuance of building permits.
6. Prior to the issuance of building permits, the applicant shall pay to the City an
inclusionary housing in-lieu fee as an individual fee on a per market-rate dwelling unit
basis.
7. If any condition for construction of any public improvements or facilities, or the payment
of any fees in lieu thereof, imposed by this approval or imposed by law on this project
are challenged this approval shall be suspended as provided in Govemment Code Section
66020. If any such condition is determined to be invalid this approval shall be invalid
unless the City Council determines that the project without the condition complies with
all requirements of law.
8. Approval of this request shall not excuse compliance with all sections of the Zoning
Ordinance and all other applicable City ordinances in effect at time of building permit
issuance.
9. This approval shall become null and void if building permits are not issued for this
project within one year from the date of project approval.
10. The maximum structure heigtit allowed for the proposed structure shall be as
indicated on the profiles shown on Exiiibit "A", dated February 1,1995.
11. All roof appiutenances, including air conditi(»iers, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in
substance as provided in Building Department Policy No. 80-6, to the satisfaction of the
Directors of Planning and Building.
12. No outdoor storage of material shall cxxur onsite unless required by the Fire Chief. In
such instance a storage plan will be submitted fot approval by the Fire Chief and the
Planning Director.
13. All landscaped areas shall be maintained in a healthy and thriving condition, free from
weeds, trash, and debris.
14. All landscape and irrigaticm plans shall be psepared to OMifcxm with the Landscape
Manual and submitted per the landscape plan check i»ocedures on file in the Planning
E>epartment.
15. Landscape plans shall be designed to minimize water use. Lawn and other Zone 1 plants
(see Landscape Manual) shall be limited to areas of q>ecial visual importance or hi^ use.
Mulches sh^ be used and inigation equipment and design shall promote water
conservatioiL
Mr. Daniel Muhe
HDP 94-04 - Jefferson Street Lot 17
February 8, 1995
Page 5
16. Prior to final occupancy, a letter from a Califomia licensed landscape architect shall be
submitted to the Planning Director certifying that all landscaping has been installed as
shown on the approved landscape plans.
17. All herbicides shall be applied by applicators licensed by the State of Califomia.
18. The applicant shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
19. The first submittal of landscape and irrigation plans submitted shall include building
plans, improvement plans and grading plans.
20. All landscape and iirigation plans shall show existing and proposed contours and shall
match the grading plans in terms of scale and Icxation of improvements.
21. Building identification and/or addresses shall be placed on all new and existing buildings
so as to be plainly visible from the street or access road; color of identification and/or
addresses shall contrast to their background color.
22. Approval is granted for HDP 94-04, as shown on Exhibits "A" - "F", dated February 1,
1995, incorporated by reference and on file in the Planning Department. Development
shall occur substantially as shown cm the approved exhibits. Any proposed grading and/or
development substantially different from this approval as detennined by the Planning
Director, shall require an amendment to this Hillside Development Permit.
23. Prior to approval of the Grading Permit, the applicant shall receive approval of a Coastal
Development Permit issued by the Califomia Coastal Commission that substantially
conforms to this approval. A signed copy of the Coastal Development Permit must be
submitted to the Planning Director. If the approval is substantially different, an
amendment to HDP 94-04 shall be required.
24. Prior to issuance of a grading or building permit, whichever comes first, a soils report
shall be prepared and submitted to the City of Carlsbad. If the soils report indicates the
presence of potential fossil bearing material then a standard two phased program, cm file
in the Planning Department, shall be undertaken to avoid possible significant impacts on
paleontological resources under the direction of the Planning Department.
25. Prior to issuance of a grading or building permit, whichever comes first, a data recovery
program of cultural resources to mitigate impacts shall be required per the City of
Carlsbad Cultural Resource Guidelines.
Engineering Conditions:
26. This project is lcx:ated within the Mello U Local Coastal Plan. All development design
shall comply with the requirements of that plan.
Mr. Daniel Muhe
HDP 94-04 - Jefferson Street Lot 17
February 8, 1995
Page 6
27. The plicant shall comply with all the rules, regulations and design requirements of the
respective sewer and water agencies regarding services to the project.
28. The applicant shall be responsible for coordination with S.D.G.&E., Pacific Bell
Telephone, and Cable TV authorities.
29. Prior to approval of the grading plan, the owner shall execute a hold harmless agreement
for geologic failure.
30. Based upon a review of the proposed grading and the grading quantities shown on the site
plan, a grading permit is required for this project.
31. Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, the applicant shall submit to and receive approval from the City
Engineer for the proposed haul route. The applicant shall comply with all conditions and
requirements the City Engineer may impose with regards to the hauling operation.
32. The developer shall exercise special care during the construction phase of this project to
prevent offsite siltation. Planting and erosion control shall be provided in accordance
with the Carlsbad Municipal Code and the City Engineer. Reference Chapter 11.06.
33. The applicant shall construct sidewalk along tlie project fitintage to tlie satisfaction
of the City Engineer prior to Certificate of Occupancy. The construction of the
sidewalk and driveway aprons will require a Right-of-Way Permit
34. A street vacation for Jefferson Street and the associated adjustment plat shall be
recorded prior to the issuance of building permits.
Water Conditions:
35. The entire potable water system, reclaimed water system, and sewer system shall be
evaluated in detail to insure that adequate capacity, pressure and fiow demands can be
met.
36. The Developer shall be responsible fat all fees, deposits and charges which will be
collected before andfot at the time of issuance of the building peimit. The San Diego
County Water Authority capacity charge will be collected at issuance of application for
meter installation.
37. Sequentially, the Developer's Engineer shall do the following:
A. Meet with the City Fire Marshal and establish the fire protection requirements.
Also obtain G.P.M. demand for dcxnestic and irrigational needs from appropriate
parties.
Mr. Daniel Muhe
HDP 94-04 - Jefferson Street Lot 17
Febniary 8, 1995
Page 7
B. Prepare a colored reclaimed water use area map and submit to the Planning
Department for processing and approval.
C. Prior to the preparaticm of sewer, water and reclaimed water improvement plans,
a meeting must be scheduled with the District Engineer for review, comment and
approval of the preliminary system layouts and usages (i.e., GPM-EDU).
38. This project is approved upon the expressed condition that building pennits will not be
issued for development of the subject property unless the water district serving the
development determines that adequate water service and sewer facilities are available at
the time of application for such water service and sewer pennits and will continue to be
available until time of occupancy.
CA^SB^
'E. WAYNE /
it Planning Director
aeW:EB:li
c: Team Leader
Bobbie Hcxler
Bob Wojcik
Project Engineer
Don Rideout
File Copy
Data Entry
MarjcMie/Rich
City of Carisbad
Planning Department
November 18, 1994
George and Sandra Petri
3417 Casa Grande Avenue
Las Vegas, NV 89102
SUBJECT: PRE 94-41 - JEFFERSON STREET BUENA VIEW HOME '
APN: 155-180-17
Preliminary review of your project was conducted on November 17, 1994. Listed below are the issues
raised by staff. Please note that the purpose of a preliminary review is to provide you with direction and
comments on the overall concept of your project The preliminary review does not represent an in-
depth analvsis of vour Droiect. Additional issues of concem mav be raised after vour aoDlication
is submitted and processed for a more specifk and detailed review.
1. Staff notes that the proposed stracture would require a relatively small amount of grading Oess
than 1000 cy according to submittal notes), and the building is relatively small (approximately
1350 sO- Both of these factors could be helpful in designing a stmcture which would comply
with the Cit/s Hillside Development Regulations (Chapter 21.95 of the Mimicipal Code).
However, the particular structure proposed in your submittal does not comply with those
regulations. Specifically:
a) The proposed development does not preserve the natural appearance of the hillside.
Utilization of large overhang areas (deck and interior stracture) exaggerates the contrast
between the natural slope and the proposed, essentially flat, stracture. The stracture
should be stepped into the hillside in order to preserve the appearance of the existing
slope. Uiis "stepped" design should be incorporated no matter which type of constraction
(standard foundation, stem walls, or pole-type) is used. By stepping the stracture back
into the hillside, the appearance of the natural slope would be better preserved. (Please
note, however, that any type of "overhang" constraction presents a landscaping concem
as the area beneath the overhang will not be conducive to any type of vegetation.)
b) The stracture does not appear to incorporate architectural relief. Staff suggests you
incorporate a more varied building facade. Use of popout/recess areas should be utilized.
Varied materials can also be used further emphasize popout/recess areas.
Staff recommends that you review the City's Hillside Development Regulations.
2. A recently prepared cultural resources study indicates that the subject site may contain potentially
significant paleontological resources. Consequently, any development of the property would be
conditioned to provide for adequate grading observation and, if necessary, mitigation.
2075 Las Palmas Drive • Carlsbad, California 92009-1576 • (619) 438-1161
•
PRE 94^1 - APN: 155-180-17
NOVEMBER 18, 1994
PAGE TWO
3. Please be advised that preliminary reviews are heavily subsidized. The Planning Department is
currentiy reviewing an applicaticm for development of the subject site by the property owner(s).
It is our understanding that the owner(s) are not interested in developing the site using the design
you are proposing. Therefore, the Qty will not accept another preliminary submittal unless it is
accompanied by a letter of permission from die property owner(s).
Please contact Elaine Blackbum at (619) 438-1161, extension 4471 if you have any questions.
Since
E WAYNE
Assistant Planning Director
GEW:EB:vd
Bobbie Hoder
Daniel Muhe
File Copy
Data Entry
PRELIMINARY REVIEW APPUCATION
PROJECT NAME: ff^rsa/v/ du&^>f.. fyi-eoo /i[7>/r?&
APPLICANT NAME
MAILING
PHONE NUMBER: /#^>>^/ ^S-^A.S g^^pc^fi^eT
PROJECT ASSESSOR'S PARCEL NUMBER(S) (APN) ' ^
ADDRESS:
/s-^ /to/V
DESCRIPTION OF PROPOSAL (ADD ATTACHMENT IF,
k^JL ^^^/y //t^ ^ but
n IF JSIECES
17 hi
ESSARYV
OA7
WOULD YOU UKE TO ORALLY PRESENT YOUR PROPOSAL TO YOUR ASSIGNED STAFF
PLANNER/ENGINEER? YES NO
PLEASE LIST THE NAMES OF ALL STAFF MEMBERS YOU HAVE PREVIOUSLY SPOKEN TO
REGARDING THIS PROJECT. IF NONE, PLEASE SO STATE.
FOR CITY USE ONLY
PROJECT NUMBER: ^^ ^ (
FEE REQUIRED/DATE FEE PAID: 77L(0 . O D
RECEIPT NO.: /fS^^^T^
RECEIVED BY:
City of Carlsbad
Planning Department
October 6, 1994
Daniel Muhe
4014 Aguila #1
Carlsbad CA 92008
SUBJECT: HDP 94-04/HDP 94-05 - JEFFERSON STREET LOT 17 & 18
Thank you for applying for Land Use Permits in the City of Clarlsbad. The Planning Department
has reviewed your as to their completeness for processing. The items requested from you earlier
to make your Hillside Development Permits, application nos. HDP 94-04 and HDP 94-05,
complete have been received and reviewed by the Planning Department. It has been determined
that the application is now complete for processing. Although the initial prcKessing 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.
Please contact your staff planner, Elaine Blackbum, at (619) 438-1161 extension 4471, if you
have any questions or wish to set up a meeting to discuss the application.
Since
77' 6
HCHAEL J. HOLZMILLER
Plampng Director
MJH:EB:lh
c: Gary Wayne
Brian Hunter
Bobbie Hcxier
Bob Wojcik
File Cbpy
Data Entry
Marjorie/Rich
2075 Las Palmas Drive • Carlsbad, California 92009-1576 • (619) 438-1161 ®
City of
Planning Department
May 12, 1994
Daniel Muhe
4014 Aguila #1
Carlsbad, CA 92008
SUBJECT: HDP 94-04 AND HDP 94-05 - JEFFERSON STREET LOT 17 AND
JEFFERSON STREET LOT 18
Per our conversation of yesterday, you have received an incomplete letter for the above
referenced project applications. Subsequent to that letter, the Engineering Department has
asked me to provide you with the City forms necessary to apply for the Grading Permits
required for the proposed project. I have enclosed two Grading Permit applications (one
for each residence/lot). Please note that the Grading Plan submitted will need to show the
location of sewer and water laterals.
Please contact me at (619) 438-1161 extension 4471, if you have any questions.
Sincerely,
//
ELAINE BLACKBURN
Associate Planner
Team Leader
Bob Wojcik
File Copy
Data Entry
HDP940045.EB
2075 Las Palmas Drive • Carlsbad. California 92009-1576 • (619)438-1161
City of
Planning Department
May 6, 1994
Daniel Muhe
4014 Aguila #1
Carlsbad, CA 92008
SUBJECT: HDP 94-04 AND HDP 94-05 - JEFFERSON STREET LOT 17 AND JEFFERSON
STREET LOT 18
Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Department
has reviewed your Hillside Development Permits, application nos. HDP 94-04 and HDP 94-05, as
to their completeness for processing.
The application is incomplete, as submitted. Attached are two lists. The first list is infonnation
which must be submitted to complete your application- This list of items must be submitted directty
to your staff planner bv appointment All list items must be submitted simultaneously and a copy
of this list must be included with vour submittab. No processing of yoiu: application can occur until
the application is determined to be complete. The second list is issues of concem to staff. 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, April 8,1994, to either resubmit the appUcation or submit the required informatioiL
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.
Please contact your staff planner, Elaine Blackbum, at (619) 438-1161 extension 4471, if you have
any questions or vsdsh to set up a meeting to discuss the application.
GARY Bi WAYNE
Assistant Planning Director
GEW:EB:lh
c: Michael Holzmiller
Team Leader
Bobbie Hoder
Bob Wojcik
File Copy
Data Entry
Marjorie/Rich
2075 Las Palmas Drive • Carlsbad, California 92009-1576 • (619) 438-1161
^ UST OF ITEMS NEEDED ^
TO COMPLETE APPUCATION:
No. HDP 94-04 AND HDP 94-05 - JEFFERSON STREET LOT 17 AND JEFFERSON STREET LOT 18
PLANNING:
1. The architectural elevations submitted do not include enough information to determine
compliance/non compliance with the building height regulations. The proposed building elevations
must include building height measurements, and spot elevations at existing grade, proposed grade,
and high points of the proposed structures. Enough information must be provided to clearly
demonstrate compliance with building height regulations.
2. The sections provided do not include any vertical elevations and do not include the proposed
structures. The sections should be revised to include the appropriate elevations and to include the
proposed structures sufficient to demonstrate building height from existing and proposed grades
for each level of the structures.
3. The locations and amoimts of cut and fill should be shown on the plans as well as the total grading
in cubic yards per acre.
4. A biological constraints analjrsis and map are required for this project.
5. A cultural resources analysis is required.
ISSUES OF CONCERN
PLANNING:
1. The figures and calculations on the slope analysis for both lots are combined. This information
should be shovm for each lot separately.
2. Staff noted in a field visit that the site contains sensitive vegetation (coastal sage scrub) on at least
one of the lots. The biological constraints analysis and map (Incompleteness Item 4) shoidd provide
an evaluation of significance.
3. The presence of a potential shell midden was also noted on the site. The cultural resources analysis
(Incompleteness Item 3) should provide an evaluation of the significance of any resources.
4. Staff will be routing the proposed project to the Buena Vista Lagoon Joint Powers Authority
Committee and to the Buena Vista Lagoon Fotmdation for review and comment as part of the staff
review.
5. As indicated in Incompleteness Item 1, the architectural elevations do not include sufficient detail
to determine compliance/noncompliance with building height regulations. However, the designs
submitted appear to have elements which may exceed the allowed height.
6. As you are aware, some manufactured slopes may be excluded from Hillside regulations. However,
the City's Design Guidelines still recommend building techniques which preserve the existing
character of a hillside. This would include such things as grading which steps proposed structures
dovm the hillside and rooflines which visually preserve the existing slope line. Staff suggests you
incorporate some of these techniques into the design of the proposed structures. One of the
proposed structures has a large area of flat roof which is not in keeping with the recommended
design guidelines and which is further emphasized by the vertical elements of the structure
(numerous tall columns). In addition, the designs proposed appear to be rather large
(approximately 4000 square feet per unit) for the available lot size and constraints.
4 C-
ALIFORNIA—THE RESOURCES AGENCY PETE WILSON, Govemor
CALIFORNIA COASTAL CO/^/^ISSION
SAN DIEGO COAST AREA
3UI CAMINO DEL RIO NORTH, SUITE 200
SAN DIEGO, CA 92108-1725
(619) S21.8036
Filed:
49th Day:
180th Day:
Staff:
-^taff Report:
Hearing Date:
March 15, 1995
May 3, 1995
September 11, 1995
LRO-SD
March 21. 1995
April n-14, 1995
REGULAR CALENDAR
STAFF REPORT AND PRELIMINARY RECOMMENDATION
Application No.: 6-95-28
Applicant: Patricia Mahy Agent: Daniel Muhe
Description:
Site:
Construction of a three-level, 3,160 sq.ft., 30-foot higlr
family residence on a vacant 7,844 sq.ft. site. Also, Ve
of a portion of Jefferson Street to east of site and
incorporation of that area onto subject site, and lot line
adjustment to include in the site approx. half the right-of-way
width of Carlsbad Road (paper street) to the west.
Lot Area
Building Coverage
Pavement Coverage
Landscape Coverage
Unimproved Area
Parlcing Spaces
Zoning
Plan Designation
Ht abv fin grade
7,844 sq. ft.
1,274 sq. ft. (16%)
1,000 sq. ft. (13%)
1,000 sq. ft. (13%)
4,570 sq. ft. (58%)
4
R-3
RLM General Plan
30 feet
Parcel 2 on west side of Jefferson Street, north of Las Flores
Drive, Carlsbad, San Diego County. APN 155-180-17
Substantive File Documents; Certified Carlsbad Mello II Local Coastal Program;
CDP #6-95-27/Muhe
STAFF NOTES:
Summarv of Staff's Preliminarv Recommendation:
Staff is recommending approval of the project with special conditions
which address installation of tree elements along the western facade of the
building for visual buffer purposes and a deed restriction requiring that the
exterior color of the proposed residence be of earthen tones to blend in with
the natural character of the surrounding area and that the landscaping be
maintained.
6-95-28
Page 2
PRELIMINARY STAFF RECOMMENDATION:
The staff recommends the Commission adopt the following resolution:
I. Approval with Conditions.
^^.^rTo^'^nThB-xCommission hereby grants a permit for the proposed development,
"subjecf tO\the conditions below, on the grounds that the development will be
in conformi'ty with the provisions of Chapter 3 of the California Coastal Act
of 19*76, wi't'l not prejudice the ability of the local government having
3urisd4ctionJ'pver the area to prepare a Local Coastal Program conforming to
the pr'ovisidrts of Chapter 3 of the Coastal Act, and will not have any
significant*adverse impacts on the environment within the meaning of the
California Environmental Quality Act.
II. Standard Conditions.
See attached page.
III. Special Conditions.
The permit is subject to the following conditions:
1. Final Landscape Plans/Deed Restriction
a. Prior to the issuance of the coastal development permit, the
applicant shall submit for the review and written approval of the Executive
Director, a detailed landscape plan indicating the type, size, extent and
location of all plant materials, the proposed irrigation system and other
landscape features. Drought tolerant native or naturalizing plant materials
shall be utilized to the maximum extent feasible. Special emphasis shall be
placed on the placement of at least three (3) specimen size trees (24-inch box
minimum) to be planted at grade on the west-facing portion of the site
adjacent to the residence to effectively screen the structure from views from
Buena Vista Lagoon and Highway 101 to the west. Said plan shall be submitted
to, reviewed and approved in writing by the Executive Director in consultation
with the Department of Fish and Game to avoid species inherently noxious to
the lagoon environment. The plan shall include the following:
(1) A planting schedule that indicates that the planting plan shall be
implemented within 60 days of completion of construction.
(2) A written commitment by the applicant that all required plantings
shall be maintained in good growing conditions, and whenever necessary,
shall be replaced with new plant materials to ensure continued compliance
with applicable landscape screening requirements.
b. Prior to the issuance of the coastal development permit, the applicant
shall record a deed restriction, in a form and content acceptable to the
Executive Director, to ensure that the intent of this condition continues to
be applicable throughout the life of the project. The restriction shall
6-95-28 ^
Page 3
provide that landscaping shall be implemented in accordance with Special
Condition #1 and consistent with those plans approved with CDP #6-95-28. The
restriction shall be recorded, free of all prior liens and encumbrances,
except for tax liens, and binding on the permittee's successors in interest
and any subsequent purchasers of any portion of the real property.
2. Exterior Treatment. Prior to issuance of the coastal development
permit, the applicant shall submit for the review and approval in writing of
the Executive Director, a color board or other indication of the exterior
materials and color scheme to be utilized in the construction of the proposed
residence. Said materials shall be consistent with the following which shall
be recorded as a deed restriction against the property that states:
Any future modifications to the exterior surfaces of the residence shall be
implemented with building materials of natural earthen tones, including deep
shades of green, brown and grey, with no white or light shades, and no bright
tones, except as minor accents, to minimize the residential development's
contrast with the surrounding scenic areas, and consistent with those approved
under Coastal Development Permit #6-95-28, on file in the San Diego Commission
office.
Said restriction shall be recorded, prior to issuance of the coastal
development permit, in a form and content acceptable to the Executive
Director. The document shall be recorded against the subject property, free
of all prior liens and encumbrances, except for tax liens, and binding on the
permittee's successors in interest and any subsequent purchasers of any
portion of the real property.
IV. Findings and Declarations.
The Commission finds and declares as follows:
1. Project Description. The applicant is proposing to construct a
three-level, 3,160 sq.ft. single family residence on a 7,844 sq.ft. hillside
lot above Buena Vista Lagoon in Carlsbad. Also proposed with the development
is vacation of a portion of the Jefferson Street right-of-way which is located
to the east of the site and incorporation of that area onto the subject
property. Also proposed is a lot line adjustment to include approximately
half the right-of-way width of a paper street called Carlsbad Road at the base
of the hillside to the west into the subject site. According to the
adjustment plat approved by the City of Carlsbad, Carlsbad Road was closed to
vehicular traffic only on June 28, 1948. This application is being processed
concurrently with another coastal development permit application (#6-95-27)
for Parcel 1 immediately to the north of the subject site which also includes
construction of a single family home (of a different plan and size), street
vacation, and a lot line adjustment. Because that lot is owned by a different
applicant, the applicants chose to process two separate permit applications
rather than a single application.
As described in the soils report for the subject project (which includes the
parcel immediately to the south for descriptive purposes), the site consists
6-95-28
Page 4
of a series of terraces and bluffs. The uppermost terrace is relatively flat
measuring approx. 35 meters long by 20 meters wide adjacent to Jefferson
Street. The terrace ends at a steep hillside that drops approx. 30 feet to
the second terrace which is approx. 35 meters long and 10 meters wide. The
property ends at this terrace. Beyond the subject property to the west is a
third terrace which is approx. 30 to 40 feet away from the edge of Buena Vista
Lagoon which gradually slopes down to the lagoon elevation. The property
adjacent to the west is owned by the Department of Fish and Game.
2. Envlronmentallv Sensitive Habitat Areas/Visual Impact. The site of
the proposed development is located immediately adjacent to Jefferson Street
overloolcing Buena Vista Lagoon. Development around Buena Vista Lagoon is
governed by Policy 3-2 of the certified Mello II segment of the City's LCP.
This policy states, in part:
...Minimum setbacic of at least 100 feet from wetlands shall be required in
all development, in order to buffer such sensitive habitat areas from
intrusion. Such buffer areas, as well as other open space areas required
in permitted development to preserve habitat areas, shall be permanently
preserved for habitat uses through provision of an open space easement as
a condition of project approval. In the event that a wetland area is
bordered by steep slopes (in excess of 25%) which will act as a natural
buffer to the habitat area, a buffer area of less than 100 feet in width
may be permitted.
The above cited policy was developed upon reliance of Coastal Act policies
30231 and 30240(b) which call for the protection of the biological
productivity and the quality of coastal waters and wetlands and that
development in areas adjacent to environmentally sensitive habitat areas be
sited and designed to prevent impacts which would significantly degrade such
areas.
Although the property is immediately adjacent to the lagoon and Department of
Fish and Game (DFG) reserve area, no wetland resources are located on the
property itself. According to the submitted biological survey, all wetland
vegetation is confined to that property under the ownership of DFG and
included in the reserve. The proposed project is fully consistent with the
City's Hillside Ordinance. As indicated in a letter from Southern California
Soil and Testing, Inc., the steep slopes of the subject site were created
artificially by a cut made when the old Carlsbad Road was created around the
lagoon years ago (before it was closed to vehicular traffic). The slope has
been in place for over 40 years and the soils report indicates that there are
no significant signs of potential failure; as such, the site is stable to
support the new development. Approximately 36% of the subject site is
comprised of steep slopes with gradients over 25%. The majority of the steep
slopes will be encroached upon for the construction of the home, but as noted,
the site has been previously disturbed, and contains only isolated patches of
native vegetation including Lemonade berry. Vegetation on the site has
re-established itself predominantly with non-native vegetation; as such, the
project will not result in significant adverse impacts to any sensitive plant
species.
6-95-28
Page 5
t
The above Mello II LCP policy requires that any proposed improvements must
observe a 100 foot setback from the landward edge of wetland resources. In
this particular case, there will be an buffer of approx. 130 to 150 feet
between the wetlands of the lagoon and the western property line of the
subject site. As such, an open space deed restriction is not required for the
subject development since the required buffer area does not extend onto the
subject property. Therefore, the Commission finds the proposed development
consistent with policies of the certified Carlsbad Mello II LCP and applicable
Chapter 3 policies of the Coastal Act.
3. Visual Reources. Section 30251 of the Coastal Act and the visual
resource policies of the Mello II LCP require new development to be sited and
designed to protect scenic features. The proposed residence will be designed
such that the bull<. of the homes will be situated on the upper level building
pad, with some terracing down the hillside. The proposed residence consists
of infill development on a vacant site located on the south shore of the
lagoon between existing residences to the immediate north and south. While
driving across the lagoon on Highway 101 (Carlsbad Boulevard), the site is
visible looking east. Also, both the shoreline of the lagoon and site are
visible from Vista Way and northbound Interstate-5 looking southeast.
By comparison, the proposed development on this lot is of a much smaller scale
than other nearby condominium and apartment buildings which are situated
further down the hillside at an elevation closer to the lagoon's edge.
Nevertheless, as each parcel is developed surrounding the lagoon, they result
in cumulative adverse visual impacts to the viewshed of Buena Vista Lagoon.
For this reason, the Commission finds that implementation of a landscape plan
through Special Condition #1, emphasizing the provision of an intermittent
vegetative screen consisting of three specimen-sized trees between the
proposed residences and lagoon areas should be incorporated into the project
proposal to screen it from the viewshed areas to the west. The trees may be
placed in a manner so as not to obstruct the public views of the lagoon for
the property owner.
To further reduce the visual impacts associated with the proposed development,
a condition has been attached for recordation of a deed restriction that
requires exterior building materials to be of an earthen tone to blend in with
the natural character of the area. Both of the special conditions which
address landscaping and exterior color treatment are required to be recorded
in a deed restriction for the subject site so that requirements run with the
land should the parcel be sold in the future.
With respect to public views, due to the elevation and rise in the public
right-of-way, Jefferson Street, to the east of the subject site, minimal views
of the lagoon are only visible (while standing) from the southbound lane.
Blue water is barely visible above the grade of the parcel; as such, the
proposed development is not anticipated to adversely affect existing public
views in the area. In addition, there are other stretches of roadway further
to the south and north where the view of the lagoon is unobstructed. In
summary, the attached conditions will serve to mitigate the visual impact
associated with the residential development of this parcel and the Commission
6-95-2B
Page 6
finds the project can be found consistent with the visual resource policies of
the Mello II segment of the Carlsbad LCP.
4. Public Access/Local Coastal Planning. Section 30170(f) and 30171 of
the Coastal Act were special legislative amendments which required the
Commission to adopt and implement a Local Coastal Program for portions of the
City of Carlsbad and County islands prior to specific statutory dates. In
reviewing development proposals, the Commission must essentially act like
local government and assess whether a project is consistent with the
implementing zone and other policies of the certified LCP.
In this case, such a finding can be made. As stated above, the Mello II
segment LUP contains specific policies relative to Buena Vista Lagoon. Policy
3-2 requires that new development be setback 100 feet from those resources
identified with the lagoon. Section 30604(c) of the Act requires that a
specific access finding be made for any development located between the sea
and the first public roadway. In this particular location, Jefferson Street
serves as the first public roadway and the proposed development would be
located between Jefferson Street and Buena Vista Lagoon. Section 30212 of the
Act requires that public access from the nearest public roadway be provided,
unless such access would be inconsistent with public safety, military security
or resource protection needs. In addition, the Carlsbad Mello II Segment LCP
calls for a lateral public access pathway along the south shore of Buena Vista
Lagoon, the site of the proposed development.
In the case of this particular project, the distance between the lagoon and
subject western property line ranges from 135 to 150 feet, thus, taking into
consideration a 100-foot buffer, this leaves ample room (35 to 50 feet) for
the construction of a lateral public access pathway at some point in the
future. In addition, the proposed development will not block any potential
alignments that might be proposed in the future. Therefore, although no
additional access at the site would be required at this time, the project
would not be inconsistent with Section 30212 of the Act.
Given this condition, the proposed project is consistent with the requirements
of the LCP. The use of the site is also consistent with the land use and
zoning designations applied to the site in the LCP, Residential Medium High
(8-15 du/ac) and R-3. Therefore, the Commission finds that the subject
proposal, as conditioned, is consistent with the policies of the certified
City of Carlsbad Mello II segment LCP.
5. Consistency with the California Environmental Quality Act (CEOA).
Section 13096 of the Commission's Code of Regulations requires Commission
approval of Coastal Development Permits to be supported by a finding showing
the permit, as conditioned, to be consistent with any applicable requirements
of the California Environmental Quality Act (CEQA). Section 21080.5(d)(2)(i)
of CEQA prohibits a proposed development from being approved if there are
feasible alternatives or feasible mitigation measures available which would
substantially lessen any significant adverse impact which the activity may
have on the environment.
6-95-28
Page 7
The proposed project has been conditioned in order to be found consistent with
the public access policies of the Coastal Act. Mitigation measures, including
conditions addressing installation of landscaping and exterior color treatment
of the proposed residences, will minimize all adverse environmental impacts.
As conditioned, there are no feasible alternatives or feasible mitigation
measures available which would substantially lessen any significant adverse
impact which the activity may have on the environment. Therefore, the
Commission finds that the proposed project is the least environmentally-
damaging feasible alternative and can be found consistent with the
requirements of the Coastal Act to conform to CEQA.
STANDARD CONDITIONS:
1. Notice of Receipt and Acknowledgement. The permit is not valid and
development shall not commence until a copy of the permit, signed by the
permittee or authorized agent, acknowledging receipt of the permit and
acceptance of the terms and conditions, is returned to the Commission
office.
2. Expiration. If development has not commenced, the permit will expire two
years from the date on which the Commission voted on the application.
Development shall be pursued in a diligent manner and completed in a
reasonable period of time. Application for extension of the permit must
be made prior to the expiration date.
3. Compliance. All development must occur in strict compliance with the
proposal as set forth below. Any deviation from the approved plans must
be reviewed and approved by the staff and may require Commission approval.
4. Interpretation. Any questions of intent or interpretation of any
condition will be resolved by the Executive Director or the Commission.
5. Inspections. The Commission staff shall be allowed to inspect the site
and the development during construction, subject to 24-hour advance notice.
6. Assignment. The permit may be assigned to any qualified person, provided
assignee files with the Commission an affidavit accepting all terms and
conditions of the permit.
7. Terms and Conditions Run with the Land. These terms and conditions shall
be perpetual, and it is the intention of the Commission and the permittee
to bind all future owners and possessors of the subject property to the
terms and conditions.
(5028R)
SITE
EXHIBIT NO. I
fee Calilomia Coastal Commission
mission | cxf 1
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EXHIBIT -B
_FGAL DESCRIp-nON
A PORTION OF TRACT 2, LACUNA MESA TRACTS,
CITY OF CARLSBAD. COUNTY OF SAN DiECO,
STATE OF CAUFORNIA. ACCORDING TO MAP NO.
1719, FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DiEGO COUNTY, JUNE 20. 1921.
BAaS QF BEARINGS
THE WESTERLY RIGHT OF WAY OF JEFFERSON STREET
AS SHOWN ON RECORD OF SURVEY NO. 12972.
LL N OO102'OO" W
OWNERS
PACIFIC
OCEAN
VICINITY MAP
NO SCALE
LEGEND
A.P.N. 155-1B0-17
DANIEL U MUHE
4014 AGUILA #1
CARLSBAD. CA 92008
619-4i4-7850
DANIEL L MUHE
K^M. 1SS-180-18
PATRICIA JANE MAHY
6003 CIRRUS ST.
SAN DiECO. CA 'J2110
619-692-0447
PATRICIA JANE MAHY
100.00
001
NEW PROPERTY UNE
ABANDONED PROPERTY UNE
PER ROS
STREET VACATION PER DOCl
OOC. I REC.
RECORD OR CALCULATED DATA PER DEED
RECORDED AS OOC. NO. 87-659024 :
25 NOV. 19IJ7.
A.P.N. 155-180-32 Jc 33
GLENN D. CASTENS
MARCIA A. CASTENS
2381 JEFFERSON ST.
CARLSBAD, CA 92ooe
619-729-9459
GLENN D. CASTENS
THIS ADJUSTMENT PLAT WAS PREPARED •
BY ME OR UNDER MY DIRECTION ON 1/28/93..
CONRAD C. HAMMANN R.C.E. 33069
SEA CREST ENGINEERING. INC.
3179 ROOSEVELT STREET CARLSBAD. CAUFORNIA 92008
(619)-729-0557
MARCIA A. CASTENS ADJUSTMENT PLAT OTY OF CARLSBAD
APPUCANT:
DANIEL L. MUHE
PREPARED BY:
CONRAD C. HAMMMNN
APPROVED BY:
4014 ACILA i|ll
CARLSBAD, CA 92008
R.C.E.
RCE 33069 6/30/98
REC. NO. exp. DATE
LLOYD MUBBS QATE
QTY ENGINEER
2J8S9 12/31/97 R£;C~Nb. "EXP. DATf"
EXHIBIT NO.3
fidjuihneni: Pki:
California Coastal Commission