HomeMy WebLinkAboutRP 94-03; Carlsbad Mineral Springs Spa; Redevelopment Permits (RP) (9)<^itv of Calsbad
Housing & Redevelopment Department
Redevelopment Division
June 28, 1995
STEVEN J. ROBERTS
POTTER, DAY & ASSOCIATES
12625 fflGH BLUFF DRIVE, SUITE 110
SAN DIEGO, CA. 92130-2053
RE: KAY CHRISTIANSEN, MINERAL SPRINGS PROJECT, RP 94-03/CDP 94-04
Dear Mr. Roberts:
Thank you for your letter of June 22, 1995. The Housmg and Redevelopment Commission,
(City Council) did, in fact, receive your letter of June 13, 1995 regarding die Mineral
Springs Project. Since Ms. Christiansen revoked her consent to any action by die City
Council on the proposed permits or applications for the subject project, the application was
withdrawn without prejudice for consideration by the Housing and Redevelopment
Commission.
The City Attorney explamed that if the two parties work out their differences and wouid like
to resubmit a new application for the proposed project, they may do so at any time. The
complete application accepted from Ludvik Grigoris and Kay Christiansen on Septembier 16,
1994 has been officially withdrawn. Therefore, no additional action will be taken by the City
and/or the Redevelopment Agency on the subject application. A new application will need to
be filed widi the City/Agency before further action can be taken on the proposed project.
A copy of the staff report on the subject project and the original application are enclosed for
your review. If you would like to review the various exhibits and project descriptions which
were actually submitted with die original land use application, you may do so at the
Community Development Office located at 2075 Las Palmas Drive in Carlsbad. Please feel
free to contact my office at (619) 434-2935 if you have any questions or additional comments
on this matter.
Sincerely,
DEBBIE FOUNTAIN
Senior Management Analyst
c: Mike Grim, Project Planner
2965 Roosevelt St. • Suite B • Carlsbad, CA 92008 • (619) 434-2811 • Telefax 720-2037
Citv of Carlsbad
Housing & Redevelopment Department
Redevelopment Division
June 28, 1995
STEVEN J. ROBERTS
POTTER, DAY & ASSOCLVTES
12625 fflGH BLUFF DRIVE, SUITE 110
SAN DIEGO, CA. 92130-2053
RE: KAY CHRISTIANSEN, MINERAL SPRINGS PROJECT, RP 94-03/CDP 94-04
Dear Mr. Roberts:
Thank you for your letter of June 22, 1995. The Housing and Redevelopment Commission,
(City Council) did, in fact, receive your letter of June 13, 1995 regarding the Mineral
Springs Project. Since Ms. Christiansen revoked her consent to any action by the City
Council on the proposed permits or applications for the subject project, the application was
withdrawn without prejudice for consideration by the Housing and Redevelopment
Commission.
The City Attorney explained that if die two parties work out their differences and would like
to resubmit a new application for die proposed project, tiiey may do so at any time. The
complete application accepted from Ludvik Grigoris and Kay Christiansen on September 16,
1994 has been officially withdrawn. Therefore, no additional action will be taken by die City
and/or the Redevelopment Agency on the subject application. A new application will need to
be filed with the City/Agency before further action can be taken on the proposed project.
A copy of the staff report on the subject project and the original application are enclosed for
your review. If you would like to review die various exhibits and project descriptions which
were actually submitted widi the original land use application, you may do so at die
Community Development Office located at 2075 Las Palmas Drive in Carlsbad. Please feel
free to contact my office at (619) 434-2935 if you have any questions or additional comments
on this matter.
Sincerely,
DEBBIE FOUNTAIN
Senior Management Analyst
c: Mike Grim, Project Planner
2965 Roosevelt St. • Suite B • Carlsbad. CA 92008 • (619) 434-2811 • Telefax 720-2037
POTTER, DAY & ASSOCIATES ''''' ^^"^ '"'^^'
SAN DIEGO, CA 92130-2053
^ TELEPHONE (619)755-6672
A PROFESSIONAL LAW CORPORATION FACSIMILE (619)755-6673
June 22, 1995
Ms. Debbie Fountain
Senior Management Analyst
CITY OF CARLSBAD
2075 Las Palmas Drive
Carlsbad, California 92009
Re: Our Client: Kay Christiansen
CHRISTIANSEN V. GRIGORAS, et. al.
SDSC Case No.: N68099
Dear Ms. Fountain:
Enclosed please find a copy of the Complaint I caused to be
filed recently against the Grigoras. It is my understanding that
the permit application of CHRISTIANSEN INTERNATIONAL was taken "off
calendar" by the City Council last week. We appreciate your help
in bringing to the Council's attention my FACSIMILE of June 13,
1995. Unfortunately, the parties were unable to resolve their
disputes and the lawsuit resulted. I am obviously filing Notices
of Pendency of Action with the County Recorder on the Real Property
at issue. Please contact me if you have any questions or comments.
Your
enc.
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Steven J. Roberts Esq. #128829
POTTER, DAY & ASSOCIATES
12625 High Bluff Drive, Suite 110
San Diego, CA 92130-2053
Tel: (619) 755-6672
Fax: (619) 755-6673
Attorneys for Plaintiff
CATHERYN F. CHRISTIANSEN individually and
as Trustee of the CATHERYN F. CHRISTIANSEN
TRUST
I r KFNNFTH E" MiRTONF
^ rjp/\ of tne S-.c-enor Court
JUN 21 1995
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN DIEGO, NORTH COUNTY BRANCH
CATHERYN F. CHRISTIANSEN,
individually and as Trustee of the
CATHERYN F. CHRISTIANSEN TRUST,
Plaintiff,
V.
LUDVIK GRIGORAS and VERONICA
GRIGORAS, and DOES, 1 THROUGH 20,
INCLUSIVE,
Defendants.
CASE NO.
COMPLAINT FOR: (1) CONSTRUCTIVE
FRAUD; (2) BREACH OF FIDUCIARY
DUTY; (3) RESCISSION; (4) ELDER
ABUSE; (5) CONSTRUCTIVE TRUST;
AND, (6) DECLARATORY
RELIEF/QUIET TITLE
COMES NOW Plaintiff CATHERYN F. CHRISTIANSEN individually and as
Trustee of the CATHERYN F. CHRISTIANSEN TRUST and for her causes of
action against defendants, and each of them, alleges as follows:
1. MRS. CHRISTIANSEN is, and at all times mentioned herein was,
a resident of the City of Carlsbad, County of San Diego, California.
MRS. CHRISTIANSEN is the trustor and trustee of the CHRISTIANSEN
FAMILY TRUST and alleged partner in two general partnerships to wit;
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1 Christiansen Company and Christiansen International.
2 2. On information and belief MRS. CHRISTIANSEN alleges that
3 defendants LUDVIK AND VERONICA GRIGORAS are, and at all times
4 mentioned herein were, husband and wife as well as residents of the
5 City of Oceanside, County of San Diego, California or the City of
6 Corona, California. Both LUDVIK and VERONICA GRIGORAS are also alleged
7 partners in two general partnerships to wit: Christiansen Company and
8 Christiansen International.
9 3. MRS. CHRISTIANSEN is informed and believes, and on the basis
10 of that information and belief alleges, that each of the named
11 defendants was the agent or employee of the other named defendants and
12 each other, and in doing things alleged in this petition and complaint
13 was acting within the course and scope of that agency or employment
14 and with the consent of those codefendants, and is otherwise
15 responsible in some manner for the occurrences alleged and for MRS.
16 CHRISTIANSEN'S damages as alleged.
17 4. The true names of defendants DOES 1 through 20 inclusive,
18 are unknown to MRS. CHRISTIANSEN at this time. MRS. CHRISTIANSEN sues
19 those defendants by such fictitious names pursuant to section 474 of
20 the Code of Civil Procedure. MRS. CHRISTIANSEN is informed and
21 believes, and based on that information and belief alleges, that each
22 of the defendants designated as a DOE is the agent or employee of the
23 other named defendants and each other, and in doing the things alleged
24 herein was acting within the course and scope of that agency or
25 employment and with the consent of codefendants, and is otherwise
26 responsible in some manner for the occurrences alleged, and for MRS.
27 CHRISTIANSEN'S damages as alleged.
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1 PRELIMINARY ALLEGATIONS
2 5. MRS. CHRISTIANSEN is an 86-year old widow who is a long time
3 resident of Carlsbad, California. She has been very active in
4 Carlsbad's Historical Society and, prior to meeting with LUDVIK and
5 VERONICA GRIGORAS, was, through the CATHERYN F. CHRISTIANSEN TRUST (an
6 inter vivos revocable trust) the owner of six prime parcels of land
7 in downtown Carlsbad, California located at 2802 Carlsbad Boulevard
8 (assessors parcel Nos. 203-173-01, 203-173-02, 203-173-05 and 203-173-
9 08) and 2780 Carlsbad Boulevard (assessors parcel No. 203-172-14) and
10 2796 Carlsbad Boulevard (assessors parcel No. 203-172-15).
11 6. MRS. CHRISTIANSEN, and her late husband, B.M. "Chris"
12 Christiansen, in 1953 purchased the site on which the "Alt Carlsbad"
13 building is located at 2802 Carlsbad Boulevard. In or about 1964 they
14 actually constructed the Alt Carlsbad building. On this site, in or
15 about 1882, John A. Frazier, a retired sea captain and father of
16 Carlsbad, California, found artesian mineral water similar to that of
17 Well No. 9 in Karlovy Vary (formerly Karlsbad), Bohemia,
18 Czechoslovakia.
19 7. During the Great Depression, the well at the Alt Carlsbad
20 site was plugged up. Mr. and MRS. CHRISTIANSEN found the original
21 well and pump room in 1956.
22 8. MRS. CHRISTIANSEN met LUDVIK GRIGORAS in approximately late
23 1991 when he approached her in regard to his having contacts in
24 Karlovy Vary, Czechoslovakia. MR. GRIGORAS was active in plans to
25 have Karlovy Vary and Carlsbad become sister cities. At that point in
26 time, MRS. CHRISTIANSEN was approximately 83 years old.
27 9. MR. GRIGORAS took steps to have MRS. CHRISTIANSEN'S valuable
28 jewel crown - "St. Wenceslaw Crown" - a replica of King Karl's crown,
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1 replaced. The crown had been stolen. MR. GRIGORAS represented that
2 he could have the crown rebuilt, with valuable gemstones, by his
3 acquaintances in Karlovy Vary, Czechoslovakia. An agreement was drawn
4 up which referenced the fact that any excess over $47,000.00 from
5 insurance proceeds would be given to Karlovy Vary as a "Sister City"
6 gift, to be used for a hospital or other community needs in
7 Czechoslovakia.
8 10. In or about September, 1993, shortly after MR. GRIGORAS
9 returned from Czechoslovakia with the replacement crown, he proposed a
10 venture to MRS. CHRISTIANSEN for the purpose of developing the well
11 and to distribute the mineral water from the well.
12 11. A partnership agreement appears to have been executed on
13 September 13, 1993 between MRS. CHRISTIANSEN, LUDVIK GRIGORAS and
14 VERONICA GRIGORAS. The name of the partnership was "Christiansen
15 Company". A true and correct copy of the document which LUDVIK
16 GRIGORAS represents as being the partnership agreement is attached as
17 Exhibit "A". Said document provides in pertinent part as follows:
18 (a) MRS. CHRISTIANSEN would own 51%;
19 (b) The primary purpose of the business was to bottle and market
20 the mineral water;
21 (c) LUDVIK and VERONICA GRIGORAS were obligated to pay all costs
22 to redrill the well, purchase a pumping and bottling system,
23 rebuilt a "pump room" including new wiring and storage
24 tanks;
25 (d) Notwithstanding MRS. CHRISTIANSEN'S 51% ownership, she was
26 only entitled to 50% of the profits while being responsible
27 for 51% of the liabilities;
28 (e) The real property contemplated to be contributed by MRS.
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1 CHRISTIANSEN - 2796, 2780 and 2802 Carlsbad Boulevard - to
2 the partnership, was to remain in the name of the Trust in
3 order to avoid any increase in real property taxes;
4 (f) In the event of the death of a partner, the deceased
5 partner's estate would be required to sell, to the
6 partnership, the interest of the deceased partner. The
7 agreement provided for an appraisal of the deceased
8 partner's interest by selection of "an appraiser who is a
9 member of a specific professional association that has, as
10 their primary interest, the appraisal of pleasure and/or
11 commercial vessels operating from the California coastline."
12 12. After the Partnership was formed, LUDVIK GRIGORAS assumed
13 control of MRS. CHRISTIANSEN'S financial affairs and took steps to
14 develop a confidential relationship with MRS. CHRISTIANSEN.
15 13. A fictitious business name filing was made on November 16,
16 1993 for Christiansen Company.
17 14. During this period of time, MRS. CHRISTIANSEN was suffering
18 from Alzheimer's Disease. She reposed trust and confidence in the
19 GRIGORASES. The GRIGORASES took great pains to attempt to
20 characterize their relationship as "family" and long term.
21 15. In or about February, 1994 the GRIGORAS' caused MRS.
22 CHRISTIANSEN to make application to the United States Small Business
23 Administration for a loan in excess of $600,000 for "partnership"
24 purposes. Said loan to contemplate the granting of a security
25 interest in real property of the Trust.
26 16. LUDVIK GRIGORAS received a letter from the County of San
27 Diego, Office of the Assessor on or about late April 1994 regarding
28 reassessment of MRS. CHRISTIANSEN'S real property, which he proposed
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1 that she transfer into the Partnership.
2 17. In order to avoid "reassessment" taxes and step up in value,
3 he arranged to have the property listed in 15 supra. transferred from
4 the KAY CHRISTIANSEN TRUST to an unformed partnership entitled
5 "Christiansen International."
6 18. On March 25, 1994, LUDVIK and VERONICA GRIGORAS caused MRS.
7 CHRISTIANSEN to file a Fictitious Business Name Statement which
8 provided that MRS. CHRISTIANSEN was operating a business known as
9 "Christiansen International" as a sole proprietor.
10 19. The real property mentioned in 15 was transferred to
11 Christiansen International by way of Quit-Claim deeds on April 22,
12 1994. MRS. CHRISTIANSEN has no recollection of signing these deeds.
13 20. On May 5, 1994 the name "Christiansen Company" was abandoned
14 by Statement of Abandonment.
15 21. On June 12, 1994, LUDVIK and VERONICA GRIGORAS redrafted the
16 previous partnership agreement, naming a new partnership as
17 "Christiansen International." MRS. CHRISTIANSEN has no recollection
18 of signing this document. A copy is attached hereto as Exhibit "B".
19 The new partnership agreement provided in pertinent part as follows:
20 (a) The principal business of the partnership was to operate a
21 spa and related services, a bottling plant and resort-lodge;
22 (b) MRS. CHRISTIANSEN was to own 50% of the partnership and the
23 GRIGORAS' would own the remaining 50%;
24 (c) LUDVIK GRIGORAS would be the Partnership Manager;
25 (d) Upon the death of a partner, the decedent's estate shall
26 purchase the deceased partner's interest by means of an
27 appraisal by a member "of a specific professional
28 association that has, as their primary interest, the
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1 appraisal of pleasure and/or commercial vessels operating
2 from the California coastline;
3 (e) The ownership of the real property to be contributed, i.e.,
4 all of the real property mentioned in 15 supra. would be
5 owned by the partnership.
6 22. On June 1, 1994, LUDVIK GRIGORAS became aware that the prior
7 Quit-claims he had caused to be prepared were incorrect in terms of
8 legal description, he took steps to obtain a "new" omnibus Quit-claim
9 of all of the real property mentioned in 15 supra., and did obtain
10 said Quit-claim and caused same to be recorded on June 1, 1994.
11 23. LUDVIK and VERONICA GRIGORAS took control of the finances of
12 MRS. CHRISTIANSEN and utilized those finances for the alleged
13 partnerships. They further sought to acquire other assets of MRS.
14 CHRISTIANSEN as follows:
15 (a) Attempted to obtain MRS. CHRISTIANSEN'S sales proceeds from
16 the sale of a condominiim she owned on Harrison Street in
17 Carlsbad, California;
18 (b) Caused MRS. CHRISTIANSEN to sell her rental property on
19 Nevada Street in Oceanside and then attempted to cause the
20 sales proceeds to be payable to Christiansen International
21 as opposed to MRS. CHRISTIANSEN. Said sums in the
22 approximate amount of $49,000;
23 (c) Took steps to sell valuable gold coins for the benefit of
24 Christiansen International; and,
25 (d) Retained a builder to attempt to process an application for
26 purposes of developing vacant real property on Pio Pico
27 Street in Carlsbad which MRS. CHRISTIANSEN owned a 1/3
28 interest in as a tenant in common with her sisters. MRS.
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1 CHRISTIANSEN has no recollection of these events. The
2 builder did, in fact, process applications with the City of
3 Carlsbad under the direction of LUDVIK GRIGORAS for the
4 purpose of developing and selling said real property.
5 24. On or about March 1995, MRS. CHRISTIANSEN'S accountant
6 became aware of the various financial dealings of LUDVIK and VERONICA
7 GRIGORAS and apprised MRS. CHRISTIANSEN by letter that:
8 (a) Under California Property Tax Rule 462 the real property
9 transferred will be reassessed;
10 (b) Both LUDVIK and VERONICA GRIGORAS would be deemed to have
11 received income to the extent that his partnership capital
12 account was increased by the value of MRS. CHRISTIANSEN'S
13 contributions of real property to the alleged partnerships.
14 This, as a result of the non-recognition by the IRS of the
15 value attributed to the labor of LUDVIK and VERONICA
16 GRIGORAS; and,
17 (c) Any attempt to sell other properties of MRS. CHRISTIANSEN to
18 LUDVIK and VERONICA GRIGORAS at substantially below Fair
19 Market Value and then have that property (ies) contributed by
20 LUDVIK and VERONICA GRIGORAS to the partnership would cause
21 LUDVIK and VERONICA GRIGORAS to recognize gain on the
22 transfer, would require MRS. CHRISTIANSEN to characterize
23 the transfer as a "gift" with a filing of a tax return to
24 the extent said "gift" exceeded $10,000.
25 25. Recognizing the significant tax liability the various
26 transfers caused him, LUDVIK GRIGORAS proposed "back-dating" deeds
27 thereby shifting, in full or part, the GRIGORAS' tax liability to MRS.
28 CHRISTIANSEN.
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1 26. A confidential fiduciary relationship was developed and
2 existed between the GRIGORASES and MRS. CHRISTIANSEN. At all times
3 mentioned herein, MRS. CHRISTIANSEN was suffering from Alzheimer's
4 disease and was suffering from a weakness of mind which made her
5 susceptible to the advances of the GRIGORASES.
6 27. LUDVIK GRIGORAS was verbally abusive to MRS. CHRISTIANSEN.
7 28. LUDVIK GRIGORAS took steps to isolate MRS. CHRISTIANSEN from
8 her friends and business acquaintances to further his control over
9 her.
10 29. At all times mentioned herein, the GRIGORASES acted in their
11 own interests and with the intent to deprive MRS. CHRISTIANSEN of her
12 assets for their goal of a speculative business venture entirely
13 unsuited and ill-advised for an 86 year old widow.
14 FIRST CAUSE OF ACTION
(Constructive Fraud - Against All Defendants)
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30. MRS. CHRISTIANSEN realleges and incorporates by this
reference the allegations contained in paragraphs 1 through 29 as
though fully set forth herein.
31. At all times herein mentioned the GRIGORASES owed a
fiduciary duty to MRS. CHRISTIANSEN. Said fiduciary duty was the
result of the confidence and trust reposed in the GRIGORASES by MRS.
CHRISTIANSEN as well as the result of LUDVIK GRIGORAS's obtaining a
Special Durable Power of Attorney and General Power of Attorney from
MRS. CHRISTIANSEN on or about February 24, 1995.
32. At all times herein mentioned, the GRIGORASES failed to
disclose to MRS. CHRISTIANSEN their true intent in regard to their
scheme to obtain the money, assets and property of MRS. CHRISTIANSEN.
33. At all times herein mentioned, the GRIGORASES abused the
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1 trust and confidence reposed in them by MRS. CHRISTIANSEN and acted in
2 their own interests by taking advantage of the mental infirmities and
3 old age of MRS. CHRISTIANSEN to fraudulently obtain her money, assets
4 and property.
5 34. As a direct and proximate result of the GRIGORASES' actions
6 as hereinabove described, MRS. CHRISTIANSEN has suffered damages. The
7 exact amount of her damages are unknown at this time but will be
8 proven at time of trial. Said economic damages include, inter alia.
9 cash spent on partnership activities, real property conveyed to the
10 partnership and non-economic damages including pain, suffering,
11 embarrassment, confusion and emotional distress.
12 35. The conduct of the GRIGORASES, as described herein, was done
13 with a conscious disregard for MRS. CHRISTIANSEN'S rights and with
14 intent to injure and damage MRS. CHRISTIANSEN so as to constitute
15 oppression, fraud and malice under Civil Code Section 3294, entitling
16 MRS. CHRISTIANSEN to exemplary and punitive damages in an amount
17 appropriate to punish defendants.
18 SECOND CAUSE OF ACTION
(Breach of Fiduciary Duty - Against all Defendants)
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36. MRS. CHRISTIANSEN realleges and incorporates by this
reference the allegations contained in paragraphs 1 through 35 as
though fully set forth herein.
37. As a result of the confidential relationship established
between MRS. CHRISTIANSEN and the GRIGORASES, as well as their alleged
status as "co-partners" the GRIGORASES owed to MRS. CHRISTIANSEN a
fiduciary duty.
38. The GRIGORASES breached the fiduciary duty they owed to MRS.
CHRISTIANSEN by doing the things alleged above. In addition, the duty
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1 was breached as follows:
2 (a) Orchestrating transfers of property in order to avoid real
3 property tax reassessments and thereby potentially
4 subjecting MRS. CHRISTIANSEN to liability from taxing
5 authorities;
6 (b) Seeking to obtain the consent of MRS. CHRISTIANSEN to "back-
7 dating" phony grants of real property or real property
8 mineral rights thereby potentially subjecting her to
9 liability from taxing authorities as well as subjecting her
10 to significant tax liabilities even if the scheme was
11 successful;
12 (c) Engaging in a pattern of activity designed to obtain money
13 from the sale of assets of MRS. CHRISTIANSEN, which assets
14 were not even contemplated to be a part of either of the
15 alleged partnerships
16 39. As a direct and proximate result of the GRIGORASES' actions
17 as hereinabove described, MRS. CHRISTIANSEN has suffered damages. The
18 exact amount of her damages are unknown at this time but will be
19 proven at time of trial. Said economic damages include, inter alia,
20 cash spent on partnership activities, real property conveyed to the
21 partnership and non-economic damages including pain, suffering,
22 embarrassment, confusion and emotional distress.
23 40. The conduct of the GRIGORASES, as described herein, was done
24 with a conscious disregard for MRS. CHRISTIANSEN'S rights and with
25 intent to injure and damage MRS. CHRISTIANSEN so as to constitute
26 oppression, fraud and malice under Civil Code Section 3294, entitling
27 MRS. CHRISTIANSEN to exemplary and punitive damages in an amount
28 appropriate to punish defendants.
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1 THIRD CAUSE OF ACTION
(RESCISSION - Against all Defendants)
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FOURTH CAUSE OF ACTION
22 (ELDER ABUSE- Against All Defendants)
23 46. MRS CHRISTIANSEN realleges and incorporates by this
24 reference the allegations contained in paragraphs 1 through 45 as
25 though fully set forth herein.
26 47. MRS. CHRISTIANSEN is an "elder" entitled to the protections
27 of California Welfare and Institutions Code Sections 15600 et. seq.
28 48. The acts of the defendants as described above, constitute
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41. MRS. CHRISTIANSEN realleges and incorporates by this
reference the allegations contained in paragraphs 1 through 40 as
though fully set forth herein.
42. Both of the partnership agreements and the alleged consent
of MRS. CHRISTIANSEN to the events described above were obtained as a
result of fraud and undue influence by the GRIGORASES and lack of
capacity of MRS. CHRISTIANSEN.
43. The undue influence consisted in the use, by the GRIGORASES,
of the confidence reposed by MRS. CHRISTIANSEN in them to obtain an
unfair advantage over her. The GRIGORASES further took an unfair
advantage of the MRS. CHRISTIANSEN'S weakness of mind.
44. MRS. CHRISTIANSEN'S lack of capacity to enter into the
contracts/agreements referenced above was the result of her suffering
from Alzheimer's Disease.
45. MRS. CHRISTIANSEN seeks a judicial determination rescinding
the partnership agreements and complete relief, including a return of
all monies expended by her under the partnership agreements and a
return to her Trust of the real property conveyed (more particularly
described in 15 supra.)
1 "Fiduciary Abuse" as defined in subdivision (f) of Welfare and
2 Institutions Code Section 15610 as well as Welfare and Institutions
3 Code Section 15610.30.
4 49. Pursuant to Welfare and Institutions Code Section 15657 MRS.
5 CHRISTIANSEN is entitled to economic damages subject to proof at time
6 of trial, non-economic damages subject to proof at time of trial as
7 well as attorneys fees, costs and punitive/exemplary damages for the
8 actions of the defendants as described herein.
9 FIFTH CAUSE OF ACTION
(Imposition of Constructive Trust - Against All Defendants)
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SIXTH CAUSE OF ACTION
22 (DECLARATORY RELIEF/QUIET TITLE)
23 52. MRS. CHRISTIANSEN realleges and incorporates by this
24 reference the allegations contained in paragraphs 1 through 51 as
25 though fully set forth herein.
26 53. An actual controversy has now arisen and exists between the
27 parties as to their respective rights and obligations regarding the
28 two partnership agreements.
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50. MRS. CHRISTIANSEN realleges and incorporates by this
reference the allegations contained in paragraphs 1 through 49 as
though fully set forth herein.
51. By virtue of the acts of defendants as described herein,
they have converted funds and property of MRS. CHRISTIANSEN and her
trust for their own benefit in amount to be proven at time of trial.
By virtue of their wrongful acts, they hold titled to real property
through the partnership and other property and assets for the benefit
of MRS. CHRISTIANSEN. MRS. CHRISTIANSEN requests the court order the
return of the converted funds and assets and convey title to the real
property back to the Trust.
1 54. MRS. CHRISTIANSEN contends that the partnership agreements
2 and conveyances of real property were obtained through fraud, undue
3 influence and lack of capacity on the part of MRS. CHRISTIANSEN. She
4 requests that this court enter an order returning funds expended by
5 her on the two partnerships, return of funds held by the partnerships
6 and that the Court enter an order quieting title to the Trust. A
7 judicial determination is necessary and appropriate at this time.
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9 WHEREFORE, MRS. CHRISTIANSEN prays judgment against the
10 defendants as follows:
11 1. For money damages in an amount subject to proof at time of
12 trial on the First, Second, Third, Fourth, and Fifth Causes of action;
13 2. For an order imposing a constructive trust on all funds,
14 assets and property of MRS. CHRISTIANSEN which was contributed, taken
15 or conveyed to either of the partnerships or taken by the Defendants
16 for the own use on the Fifth Cause of Action;
17 3. For economic and non-economic damages as well as attorneys
18 fees and costs on the Fourth Cause of Action;
19 4. For an order from this court rescinding both partnership
20 agreements and for economic and non-economic damages as well as an
21 order conveying the real property back to the Trust on the Third Cause
22 of Action;
23 5. For a declaration from this court rescinding the partnership
24 agreements and quieting title to the real property back to the Trust
25 on the Sixth Cause of Action;
26 5. For costs of suit;
27 6. For such other and further relief as the court may deem just
28 ^nd proper; and,
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7. For punitive/exemplary damages on the First, Second and
Fourth Causes of Action.
Dated:
POTTER, DAY
reTen J. Ifbberts
AttoE«fieys for Plaintiff CATHERYN F.
CHRISTIANSEN individually and as Trustee
of the CATHERYN F. CHRISTIANSEN TRUST
COMPANIES, INC.
-15-
JUN-13-1995 17:22 P. 02
POTTER, DAY & ASSOCIATES
A PROFESSIONAL LAW CORPORATION
12625 Hicii RLUFF DRIVE. SUITF. no
SAN DIKCH\ CA 92130-2053
TELErHONi-; (619)755'6672
FAC.s:Mii.h (619)755-66:3
June 13, 1995
VIA TELEFAX 720-2037
Debbie Fountain
Senior Management Analyst
City of Carlsbad
2075 Las Palmas Dr.
Carlsbad, CA 92009
Re: Kay Christiansen/Christiansen Family Trust
Proposed Action by Christiansen International
Dear Debbie:
Thank you for our telephone conversation regarding Kay
Christiansen and the Christiansen Family Trust. As discussed,
this firm has been retained to represent the interests of Kay and
the Trust. Our involvement in the matter pertains to a putative
partnership called CHRISTIANSEN INTERNATIONAL. A dispute has
arisen between the alleged partners - and Mrs. Christiansen revokes
her consent to any action by the City Council on proposed permits
or applications.
Thank you for your help and cooperation, and please submit
this letter to the Honorable Members of the City Council.
Yours truly,
Steven i^^^Roberts / </
SJR/js
City of Carlsbad
Plonning Department
February 21, 1995
Ludvik Grigoras
2802 Carlsbad Boulevard
Carlsbad, CA 92008
SUBJECT: CARLSBAD MINERAL SPRINGS SPA - RP 5M-03/CDP 94-04
Dear Ludvik:
Enclosed are the City's Landscape Plancheck consultant's comments on your conceptual
landscape plans. Please refer to these comments when preparing your final landscape
construction drawings. Please also retum these red-lined checkprints with your landscape
plancheck submittal.
The agenda bill for your project has been routed to City Hall for review and scheduling before
the Housing and Redevelopment dbmmission. Either myself or the City Clerk's office will he
notifying of the hearing date once the project is scheduled. Please feel free to contact me at
(619) 438-1161, extension 4499, if you have any questions.
Sincerely,
MICHAEL G
Assistant P
Enclosures
c: File Copy
MGA
RP9403.LSC
2075 Las Palmas Drive • Carlsbad, California 92009-1576 • (619) 438-1161
9/1/93
Dear Carlsbad Building Department,
I Ludvik Grigoras and Mrs. Kay Christinsen like to subdivide a property
#203-173-01 at 2602 Carisbad Blvd. the ALT KARLSBAD location, for purpose of
building two spa and office buildings.
This is the location, where Mr. Freizer dog in 1882 the famous mineral weli,
which gave Carisbad its name. Also, because of this mineral water. Hotel
Carlsbad and California Carlsbad Hotel (today Carlsbad by the Sea) were
buiid. Both hotels had spa facilities and peopie would come till deprision
in 1936 from all over USA, for the spa treatments. This mineral water, was
aiso bottled and distributed all over the country.
Since July 1993 the famous Carlsbad Mineral Spring, is reopened again and
over 100,000 gallons of mineral water was pumped for test purpose. This
Mineral Spring is very important as part of Carisbad and California history,
because it was declared by State as a Historical Site and Monument.
The buiiding project/design, was started in 1964 by Mr. & Mrs. Christiansen
and we like to continue in this old European architecture, by building two
replicas. One from London - The Old Curiosity Shop (from 1568) and Draper's
House from France. The approximate size of the two buildings will be about
2,700# feet.
The construction will be frame and stucco with brick on the outside. The
existing lot, will be divided in 3 sections. One will be for the existing
building (ALT KARLSBAD), second for the new structure, plus two parkings and
third for a common area.
Additional parking will be on the lots cross the street, at 2796 and 2780
Carlsbad Blvd., which are owned by Mrs. Christiansen. The size of the two
properties are about 95x100 feet.
We strongly believe, that this two additions will have positive impact on
Carlsbad architecture, history, culture and it will stimulate business in
the community. The ALT KARLSBAD, with its Mineral Spring as a Historical
Site and symbol of the city, is today the most popular tourist attraction.
Our best regards
Kay Christiansen Ludvik Grigoras
POTENTIAL SIGNIFICANCE: LOCAL GRADE: 3
HISTORIC RESOURCES INVENTORY
IDENTIFICATION
1. COMMON NAME: Alt Karslbad
2. HISTORIC NAME: John A. Frazier WeU
3. STREET/RURAL ADDRESS: 2802 Carlsbad Blvd.
4. PARCEL NUMBER:
5. PRESENT OWNER:
6. PRESENT USE: Commercial ORIGINAL USE: Walcr/Commcrcial
DESCRIPTION
7a. ARCHITECTURAL STYLE: Medieval European
7b. DESCRIBE PRESENT PHYSICAL DESCRIPTION OF SITE OR STRUCTURE;
DESCRIBE MAJOR ALTERATIONS FROM ORIGINAL CONDITION:
Constructed 1965; original well dug circa 1883; current use for structure is commercial gift
shop and museum.
Building combines European Medieval precedents of the German tradition (i.e. "Fachwerkbau",
half timbering), steeply pitched roofs, towers, and masonry lower floor. The English Tudor
and French eclectic draw on similar medieval structural facade elements. The main structure is
a recreation of a twelfth century Hanscalic League, merchant's guilds house located in
Rolhenbrug, Germany; a type typically found throughout Germany. The rear portion of thc
building is modeled after composer Anton Dvorak's Karlsbad home. Tlic surrounds of the
Frazier Well is a replica of Karlsbad #9 Well House at Slag's Leap in Karlsbad, Bohemia.
Style chosen to reflect 19th century promotional ties with Karlsbad, Bohemia.
STRUCTURAL AND DESIGN ELEMENTS- SEE CONTINUATION
8. Estimated Conslruclion Dale: 1965
9. Architect/Builder:
10. Approx. Properly Size:
50 by 109*
11. Photo(s):9/90;
T, b/w photo Roll 7 Frame #32
(MODIFIED DPR 523 Rev 4/79)
12. Condition: EXCELLENT
13. Major Alterations:
see attached descriptions.
14. Surroundings: (Circle where appropriate)
Open land Scattered buildings
Other
Commercial Residential
15. Immediate Threats to Site: (Circle where appropriate)
Unknown Private Development Zoning
Public Works Project Other
16. Is the Structure on original location?: yes
17. Related Architecture Features:
Vandalism
18. CPO/HRI Rating: CPO Rating: 3 HRI: Status Landmark (6/87); Application to National Register- no
determination of status as of 10/90; State Hisioric Landmark (1955)
SIGNIFICANCE
19. STATE HISTORICAL AND/OR ARCHITECTURAL IMPORTANCE OF STRUCTURE
Alt Karsbad is adjacent to the mineral well dug by John A. Frazier around 1883. Frazier had
established a homestead on surrounding acreage in the early 1880s and built a small house
near the current site of All Karlsbad. Lafayette Tunison had been the first homesteader of the
126 acres and discouraged by thc need to carry water three miles from Marron Gorge, sold his
property to Frazier in 1883. In an atlempt lb dig a well to use for drinking and agricultural
purposes, Frazier discovered mineral water.
People traveling to San Diego over the raih-oad slopped al his homestead, then called Frazier's
Station, to drink the waters.
SEE CONTINUATION SHEET
LOCATION MAP
20. Main Theme of Historic Resource:
Early Development of Carlsbad;
Health/Medicine in Selling of the City
21. Sources Cited:
See Altached Inventory Repon
for Complele References
22. FORM PREPARED:
Roth and Associates
2707 Congress St., Suite 2A
San Diego, Ca. 92110
619-295-3111
SCHUCfiRD fiSSOCIflTES TEL No . 619-558-7197 Oct 6,94 10:39 No .001 P.01
SCHUCARD ASSOCIATES, INC.
ARCHITECTURE ANP PLANNING
6498 WEATHERS PLACE, SUITE 200. SAN DIEGO, CALIFORNIA 92121-2958.(619)558-7197
FAX TRANSMITTAL
TO: OIT^ OF^ C4^r<L^E^D DAT. /0/G /C//J^ (A
ATTENTION /^I/<^
QTY r
niSCRIPTION
^JU^(i^^^ HT. ll(r^h\
• For Your UM • n«vis«d P»r Vour Commvnt*
Numbor of pages (including this)
Please call our office.if you do not receive the full transmission
Fax No. 558-7297
IF fTtMS AWe NOT AS «N0ICAT1O. PtEASE NOTIFY UB AT ONCE By.
Don Schucard ,
SCHUCfiRD fiSSOCIflTES TEL No .619-558-7197 Oct 6.94 10:39 No.001 P.02
City of Carlsbad
Planning Department
September 16, 1994
Kay (Christiansen and Ludvik Grigoras
2802 Carlsbad Boulevard
Carlsbad, CA 92(X)8
SUBJECT: RP 94-03/CDP 94-04 - CARLSBAD MINERAL SPRINGS SPA
Thank you for applying for l-and Use Permits in the City of (Tarlsbad. The Planning Department
has reviewed your Major Redevelopment Permit and Cbastal Development Permit, application
nos. RP 94-03/CDP 94-04, as to its completeness for processing.
The items requested from you earlier to make your Major Redevelopment Permit and Coastal
Development Permit, application nos. RP 94-03/CDP 94-04 complete have been received and
reviewed by the Planning Department. It has been detennined that the application is now
complete for processing. Although the initial processing of your application may have already
begun, the technical acceptance date is acknowledged by the date of this communication.
Please note that although the application is now considered complete, there may be issues that
could be discovered during project review. 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, Mike Grim, at (619) 438-1161 extension 4499, if you have any
questions or wish to set up a meeting to discuss the application.
Smcerely,
MICHAEL J. HOLZMILLER
Planning Director
MIH:N4G:Ih
c: Gary Wayne Jim Davis
Don Neu Marjorie/Rich
Bobbie Hoder File Copy
Bob Wojcik Data Entry
2075 Las Palmas Drive • Carlsbad, California 92009-1576 • (619) 438-1161
Kay Christiansen and Ludvik Grigoras
September 16, 1994
Page 2
ISSUES OF CONCERN
No. RP 94-03/CDP 94-04 - CARLSBAD MINERAL SPRINGS SPA
PLANNING:
1. The parking provided meets the minimum requirements of the Parking Ordinance,
however some minor revisions are needed in the parking tabulation shown within the
project summary. The two apartments require one guest space and, according to the
submitted floor plans, the mineral springs spa measures 3,450 square feet. Please revise
the parking summary accordingly.
According to the Village Design Manual, all off-street parking areas with five or more
. spaces must provide a minimum three foot high solid, decorative wall along the front
^ property line. This wall should be at least five feet from the front property line and
should be soften^jvith landscaping and/or berming. Also, the City's Landscape Manual
requires an ei^fStcpt landscaping strip around any open parking area. Since the
Engineering Depaftment is requesting that the parking area move closer to Carlsbad
Boulevard for circuWon, some redesign of the parking lot will be needed.
In addition, one tree per four parkin^ipaces isrequired within the parking area. This
results in at least six trees. The Villag^^De^^PMSibal requires conformance with the
Landscape Manual unless participation in a/cooperative/landscape project is approved by
the Design Review Board. Please consult your ^pject planner to explore landscaping
altematives.
Typically, all parking that serves a residential use should be provided on the same lot.
Considering that the adjacent development will eventually provide parking for the mineral
spring spa, offices and apartments, staff could support the temporary off-site location.
^^The off-site residential parking must be striped a different color and signed to discourage
public use. Please indicate the location of this signage and any lighting proposed.
3. The maximum building height in the Village Redevelopment Area is 35 feet. The rear
building (Draper House) exceeds this height by four feet. There are several options to
address this issue. The building could be lowered by four feet, either through a reduction
in the actual building height or by sinking the building into the downslope by four feet
on the westerly side. An altemative could involve the raising of the surrounding grade
as part of this Redevelopment Permit. This would necessitate grading on the adjacent
property to the east and probably a retaining wall along the handicapped parking area.
4. The owner information needs clarification. The title report shows the owner as Catheryn
F. Christiansen yet both she and Ludvik Grigoras signed as owners. The front sheet of
^ the quitclaim deed from (Hatheryn F. Christiansen to Christiansen Intemationai is attached
^ but Exhibit "A" showing the property being quitclaimed is either not labeled or not in the
0 "C^ff^ package. Please clarify this information and provide the appropriate 8 1/2" Xll" notary
^ Oform, copy enclosed.
Kay Christiansen and Ludvik Grigoras
September 16, 1994
Page 3
ENGINEERING:
7
v/3
A.
/a
The plan view shows off-center improvements that have a variable width. The width
given is 40 feet but the scaled dimension is 42 feet. At the comer the scaled dimension
is 44 feet. Off-center improvements are an issue discussed below.
Standard public improvements centered in the right-of-way and aligning with
improvements on the west side of Clarlsbad Boulevard are required. These improvements
include concrete curbs, gutters, sidewalks, street lights, and 40 foot wide asphalt paving
section together with any needed transition sections will be required. Undergrounding of
overhead utilities that can be accomplished within reasonable practicality may also be
required.
Please show the street cross-section for (Christiansen Way that you iare proposing and be
consistent with the plan view.
The existing right-of-way is 80 feet, not the 60 feet shown. The standard local street
roadway and the one that will be required is 40 feet, not the 40 feet/ 36 feet as shown.
If a street vacation is applied for the required right-of-way will be 60 feet wide but the
roadway will remain 40 feet wide.
The Carlsbad Boulevard cross-section is not shown correctly. The exiting right-of-way
is 100 feet wide, not 102 feet. The roadway is 76 feet wide with a 12 foot wide sidewalk
continuous to the right-of-way line. The 12 foot wide median is off center and could be
shown conceptually without dimensions.
4. Please show what sidewalk design you are proposing. The site plan is unclear on this
point. Please be advised that non-standard sidewalks is an issue.
Please show what type of driveway approach on the south side of (Christiansen Way you
are proposing.
6. Please show the existing handicapped ramps on both curb retum areas.
As shown, the existing building encroaches into the public right-of-way of (Christiansen
Way. The applicant may apply for either an encroachment permit or a street vacation.
A request to vacate portions of Christiansen Way (80 feet wide) that maintains a 60 foot
right-of-way may be filed. Ahematively, the building could be modified to remove the
encroaching portion.
Two parking spaces near the northwest comer of the northerly parcel do not have the
required five foot of backout clearance. One suggestion is to move the parking five feet
closer to the street. / ^^j^^j^
Kay Christiansen and Ludvik Grigoras
September 16, 1994
Page 4
The drainage on the southerly parcel is not clearly shown. Please show the piping that
is indicated to be used and where the piping will outlet. Show sufficient elevations so
that it can be determined that fail safe overflow exits. It is a City requirement that all
drainage be able to flow around the stmctures without damage if the area drains become
plugged.
The drainage from the southerly parcel needs to be conducted to the street, Christiansen
Way, and not flow onto the easterly parcel.
1. Show how the drainage is to be handled in the five foot wide area south of the proposed
"Draper House".
12. A space that appears to be a parking space just west of the space marked handicapped is
not labeled and does not have dimensions. Please dimension the space and if this is a
parking space, please label it as such.
"^3. The driveway from (Carlsbad Boulevard serving the northerly parcel is shown as blocked
by parking spaces but closure of the driveway is not shown. It will be required to close
this driveway by removing the depressed curb and constmcting new concrete curb and
sidewalk.
"^14. Easements are not plotted on the site plan. Please submit an exhibit that shows the
y easements appearing in the title report that are on the project parcels.
15. A public pedestrian surface easement (easement for sidewalk purposes) over the private
property over the "well area" will be required prior to issuing a building pemiit.
Please add "RP 94-03" to the site plan.
^7. A request for a quitclaim of the easements held by the State for ceitain highway purposes
may be filed with the City as successor in interest of the easements. See items 2 through
4 on the title report.
NOTE: Any request for quitclaim of easements or street vacation mil require
additional fees and submittal items. A list of fees arui required items will
be fumished on request.
A power pole and a telephone box are shown within the driveway for the northerly parcel.
The driveway could be moved or the pole and box could be relocated. Please indicate
your intentions on the plan.
19. Trees located on the south side of Christiansen Way appear to be in the normal sidewalk
location. Trees in the downtown area are a sensitive issue. We may need to try to save
the trees if possible. This issue will need to have some discussion within the City before i
a clear direction can be given, ji/j^^f ^ rCf^iOC t VoeS (^\~ COQ]^
V 20. Please label all facilities such as curbs, gutters and sidewalks as existing or proposed.
SCHUCARD y^SOCIATES, iNC.#
ARCHITECTURE AND PLANNING
6498 WEATHERS PLACE, SUITE 200 • SAN DIECO, CALIFORNIA 92121-2958 • (619) 558-7197
TRANSMITTAL
DATE JOB NO
SUBJECT
ATTENTION
OTY
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QL
<
m
(0 ORIGINALS CO lU a O o
DESCRIPTION
a-/
• For Your Use
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IF rPEMS ARE NOT AS INOtCATED. PLEASE NOTIFY US AT ONCE By.
•
City of Carlsbad
Planning Departnnent
April 29, 1994
Kay Christiansen & Ludvik Grigoras
2802 Carlsbad Boulevard
Carlsbad, CA 92008
SUBJECT: RP 94-03/CDP 94-04 - CARLSBAD MINERAL SPRINGS SPA
Thank you for applying for Land Use Pennits in the City of Carlsbad. The Planning and
Engineering Departments have reviewed your Major Redevelopment Pennit and Coastal
Development Permit, application nos. RP 94-03/CDP 94-04, as to its completeness for processing.
The application is incomplete, as submitted. Attached are two lists. The first list is information
which must be submitted to complete your application. This list of items must he submitted directiv
to your staff planner by appointment All list items must be submitted simultaneously and a copy
of this list must be included with vour submittals. No processing of your 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 application or submit the required information.
Failure to resubmit the application or to submit the materials necessary to determine your
application complete shall be deemed to constitute withdrawal of the application. If an application
is withdrawn or deemed withdrawn, a new application must be submitted.
Please contact your staff plaimer, Mike Grim, at (619) 438-1161 extension 4499, if you have any
questions or wish to set up a meeting to discuss the application.
Sincerely,
MICHAEL J. HOLZMILLER
Planning Director
Attachment
MJH.MG.vd
c: Gary Wayne File Copy
Bobbie Hoder Data Entry
Don Neu Marjorie/Rich
Bob Wojcik
2075 Las Palmas Drive • Carlsbad, California 92009-1576 • (619) 438-1161
UST OF ITEMS NEEDED
TO COMPLETE APPUCATION
No. RP 94-04/CDP 94-04 - Carlsbad Mineral Sprinss Spa
1. Please show the rear elevation of the existing building on the east elevation exhibit and the
existing basement under the Alt Karlsbad building on the west elevation exhibit.
2. Please add the following information to the Project Summary Table:
a. A "Coastal Development Pennit" is included in the Application Type
b. The zoning is 'ViUage Redevelopment, sub area 5"
c. Please add residential apartment to proposed land use
d. Proposed residential density is 13 dwelling units per acre
3. Please indicate the front yard setback from the proposed Old Curiosity Shoppe building, as
measured along the southem property line.
4. Please provide the necessary Notice Deposit, as detailed on the attached information sheet.
The imused portions of the deposit will be reftmded upon final project detennination.
5. Please provide an 8 1/2" Xll" signed notary form for the Public Facilities Fee Agreement.
A copy of the proper form is attached.
6. Please provide cross sections of the adjacent streets.
7. Please specify if any grading is proposed and, if so, provide grading quantities.
8. Please indicate the method of handling drainage on the northerly property.
9. The ownership and titie information is incomplete. The titie report shows the owner as
Catheryn F. Christiansen yet both she and Ludvik Grigoras signed as owners. The front
sheet of the quitclaim deed from Catheryn F. Christiansen to Christiansen Intemationai is
attached but Exhibit A showing the property being quitclaimed is either not labeled or not
in the package.
10. Please plot all existing easements and the existing property lines for the project site north
of Christiansen Way.
ISSUES OF CONCERN
PLANNING:
1. As stated duiing the previous prehminary reviews for the project, the architecture is
compatible with the Village theme and the proposed mineral springs spa use is consistent
with the tourist-serving commercial land use designation of the site.
2. The proposed residential use is allowed in sub area 5 of the Village Redevelopment Area
if foimd to be incidental and compatible to the surrounding and preferred uses. As the
residential use is not on the ground floor and is similar to the existing residential use in the
Alt Karlsbad building, staff can recommend that the residential use is compatible.
3. Since the project involves public use of baths, it may be subject to the City's Adult
Entertainment restrictions. Please consult with the Police Department regarding the
applicability of any adult entertainment provisions. Should the Police Depaitment
determine that the proposed use qualifies as a bath house, then the project would be subject
to Chapter 21.43 of the Carlsbad Municipal Code (the Adult Entertainment Ordinance). The
following only applies if the project qualifies as a bath house.
The Redevelopment Pennit would function as the project's Adult Entertainment Pennit
mentioned in Section 21.43.035. Some of the provisions pertain to the proximity of an
adult entertainment establishments to churches, schools, and convalescent homes which
would severely affect the mineral springs spa proposal. These restrictions may be waived,
however, under certain circumstances.
Most of the requirements for a waiver of proximity restrictions are findings of compatibility
with the sunoundings and general planning for the area, which will be assessed by staff.
One of the criteria for a waiver requires the submittal of a petition of support of the project.
This petition must contain the signature of 51 percent of the total of owners or record,
holders of business licenses, and residents within a 1,000 foot radius of the project site. A
"resident" is any individual who has been a registered voter within the 1,000 foot radius for
30 days prior to said individual having signed any such petition. If the project qualifies as
a bath house, please submit a petition meeting the above criteria directiy to the Planning
Department.
4. The proposal appears to meet the Village Design Manual requirements for lot coverage,
building coverage and setbacks, open space and landscaping. TTie maximum height allowed
in the Village Redevelopment area is 35 feet, as measured from existing grade to the peak
of the roof. The eastem elevation of the proposed building shows an elevation of just over
39 feet. Given the special importance placed upon building height in the Coastal Zone, this
item will require further discussion.
5. The parking assessment includes two (2) spaces for each apartment where only one and one
half (1.5) spaces are required for each one bedroom apartment. The total parking
requirement for both apartments is therefore three (3) spaces instead of four (4). However,
the total commercial space wiU require 19 spaces since all fractional parking requirements
are rounded up to the nearest integer. Please revise the parking assessment shown on the
site plan to reflect these requirements.
Please note the requested revisions under Engineering item no. five (5) below causes the
loss of two parking spaces. These spaces must be provided elsewhere within the project
sites.
ENGINEERING:
1. The titie report shows easements and leases that may affect the project's ability to develop.
In particular the lease to Vanderlaan (item 13 on the titie report) is unclear. We request
that a plot showing all the easements and leases be submitted.
2. The status of the cycle shop as a lease or rental is not clear.
3. The traffic generation rate used for apartments should be eight (8) ADT per unit. Further
review is needed to verify if the method of projecting the ADT for the other uses is
acceptable. Revisions to the ADT shown will be needed.
4. The site plan shows only the additional ADT generated by the project. This fact should be
shown on the site plan.
5. The driveway from Carlsbad Boulevard serving the northerly parcel needs to be relocated
northward as shown on the attached checkprint. Also, please move the one standard
parking space adjacent to the cycle shop northward to improve sight distance for cars
backing out.
6. Full public improvements of paving, curb, gutter, sidewalk and possibly street lights on
Christiansen Way will be required. A new curb retum will be required on the south-east
comer of Carlsbad Boulevard and Christiansen Way. These improvements need to be shown
on the site plan.
NOTE: Should you wish the City to consider and plan to vacate or ''pedestrianize"
Christiansen Way, you will need to propose and submit plans and other supporting
materials. If such a plan is ultimately approved by the City Council, then the
requirements for the standard public improvements will be modified accordingly.
7. The existing flow^er stand will need to be relocated or removed in order to clear
room for the above improvements.
8. A public pedestrian surface easement (easement for sidev^alk purposes) over the
private property over the "well area" will be required prior to issuing a building
permit for the project.
9. An agreement to hold the City harmless conceming drainage across the parcel to the
east will be required prior to issuing a building permit for the project.
10. The project will need to meet the requirements of the National Pollution Discharge
Elimination System (NPDES) Permit.
11. A request to vacate portions of Christiansen Way (80 feet wide) that maintains a 60
foot right-of-way may be filed.
12. A request for a quitclaim of the easements held by the State for certain highway
purposes may be filed with the City as the successor in interest of the easements.
See items 2 through 4 on the title report.
NOTE: Any request for quitclaim of easements, street vacation, lot consolidation or lot
line adjustment will require additional fees and submittal items. A list of fees and
required items will be fumished upon request.
Attached is red-lined checkprints. Please retum these checkprints with any subsequent
submittal.
pril 28, 1994
SALON MYSTIQUE
2780 CARLSBAD BLVD.
CARLSBAD CA.92008
(619)434-9516
To Whom It May Concern,
Salon Mystique is a full service hair & nail Salon. It's main
function is hair design manicures & pedicures. As an accessory
service we will be offering a deep tissue massage. Our purpose
and salon design is that of a serene calm atmosphere. With the
offering of a massage we feel this will enhance this feeling and
at the same time come closer to achieving our goal. We want our
Salon to be unique and not just a place to get a haircut.
Thank You
Sincerly,
Maria Hoppe(owner)
Founded 1994
f' " . «»» <9.%
APR 2 9 1994
:iT¥ CJF CMILMBm
To: Mike Grim
From: Debbie Fountain
Subject: Mineral Springs Project
Date: 6/26/95 Time: 8:56a
According to the City Attorney's Office, the Council's action on June 13th
was to accept withdrawal of the Mineral Springs Project application without
prejudice. Therefore, they would need to submit a new application but we
could waive the fee if they did it fairly soon. They will need to resubmit
an application if they want approval of the project. Since Kay was listed as
the owner on the title report submitted with the application, she can
apparently request withdrawal of the application without Ludvik's consent.
As far as I can tell, we will do nothing until the applicants resubmit an
application for the project. I am going to contact Kay's attorney and let
him know. I am not sure yet what to do about Ludvik. If he calls, just share
this information with him. He should have his attorney contact Ron if they
disagree with the City's action.
That's it for now! See Ya.
TO:
PROJECT MEMO -I F CARLSBAD — PLANNING DEPARTlP^NT
DATE
TIME: FROM:'Vfpjgc--l' Pic<m^ G( yyx _.
PROJECT/PERMIT NO..
SUBJECT:
L{/d\/ a (^/y^^/j^^ Mcl i^c^^ /^/ji/zshd -7^
WHITE - Job Site; YELLOW - File; PINK - Inspector
MARCH 27, 1995
TO: PLANNING DEPARTMENT
FROM: ENGINEERING DEPARTMENT
RP 94-03, CARLSBAD MINERAL SPA
ESTIMATED COST OF PROJECT STREET IMPROVEMENTS
The estimated cost for the project required street improvements on Christiansen way is
$25,930. This is the cost of the improvements If the construction was done by the City. If
the applicant were to construct, costs would be less due to the city having to conform
to law such as receiving formal bids before awarding a contract.
The cost estimate was made without engineered plans being available. The cost estimate
Is necessarily a general estimate based on scaled dimensions of an architectural drawing
and some logical assumptions. The estimate would be more accurate with engineered
plans. The above estimate Is shown In more detail below.
ITEM QUANTITY, sq. Ft.,
Lln. Ft* or Lump
sum
UNIT COST ITEM COST
Type B-2 curb and gutter,
PCC
210 Lln. Ft $ 15.00 $ 5,150
Sidewalk, PCC, 5 feet wide 1050 sq. Ft $ 4.00 $ 4,200
Paving , AC, 4 Inches, 15 feet
wide**
5150 sq. Ft $ 1.60 $ 5,040
set up, clear, grub and
prepare subgrade
One Lump Sum $ 4,000 $ 4,000
Relocate Fire Hydrant One Lump Sum $ 1,890 $ 1,890
street Light One Lump sum $ 3,150 $ 5,150
Design One Lump sum $ 1,500 $ 1,500
Contract Administration One Lump sum $ 5,000 $ 5,000
TOTAL $25,950
The above estimate Is based on City of Carlsbad unit Prices for checking subdivisions and
permits, effective December 1,1990.
* 210 feet Is the scaled total length of Improvements on both sides of the street
** The paving width Is assumed to be 15 feet In lieu of the total half local street
width of 20 feet In order to account for some of the existing paving being on
grade and not needing replacement
bity of Carlstiid 94230
Fire Department Bureau of Prevention
Plan Review: Requirements Category: Flre Conditions
Date of Report: Friday, January 20.1995
Contact Name Mike Grim
Reviewed by:
Address
City, State _CA
BIdg. Dept. No. RP94-03 Planning No.
Job Name Carlsbad Mineral Spr
Job Address Carlsbad Ste. or BIdg. No.
13 Approved - The item you have submitted for review has been approved. The approval is
based on plans; information and/or specifications provided in your submittal;
therefore any changes to these items after this date, including field modifica-
tions, must be reviewed by this office to insure continued conformance with
applicable codes. Please review carefully all comments attached, as faiiure
to comply with instructions in this report can result in suspension of permit to
construct or install improvements.
n Disapproved - Please see the attached report of deficiencies. Please make corrections to
plans or specifications necessary to indicate compliance with applicable
codes and standards. Submit corrected plans and/or specifications to this
office for review.
For Fire Department Use Only
Review 1st 2nd 3rd
Other Agency ID
CFD Job# 94230 File#
2560 Orion Way Carlsbad, California 92008 (619) 931-2121
Requirements Category: Wire Conditions ^ 94230
Deficiency Item: Satisfied 01 Building Permits
Prior to the issuance of building permits, complete building plans shall be approved by the Fire
Department.
Page 2 01/20/95
NOVEMBER 4, 1994
TO: ASSISTANT PLANNER, MIKE GRIM
FROM: Associate Engineer, Davis
VIA ASSISTANT CITY ENGINEER
RP 94-03, CARLSBAD MINERAL SPA
ENGINEERING REPORT AND CONDITIONS TRANSMITTAL
We have completed our review of the project and recommend approval under the
attached conditions. Following Is an engineering report prepared to assist you In the
preparation of the staff report to the Design Review Board.
TRAFFIC AND CIRCULATION
PROJECTED ADDITIONAL ADT: 80, for the Mineral Spa and added apartment only.
The ADT projection Is by the applicant It Is based on an estimate of the number of
customers. Neither the City Code, Chap.l8.42, nor the SANDAG trip generation by use
table shows a ADT for spa use. Engineering accepts the applicants projection as being
reasonably accurate.
The traffic Impact fee should be 34 times 80 or $2,720. The project Is conditioned to pay
the traffic Impact fee based on 80 ADT.
With the construction of the frontage public Improvements required by the conditions,
the public street system will be adequate to handle the traffic generated by the project.
SEWER AND WATER
CMWD Is both the sewer and water district.
PROJECTED ADDITIONAL EDU'S: 5.85
EDU's for the existing gift shop, office, apartment and cycle shop are not subject to
sewer or water fees and are not Included In the above figures. The project Is
conditioned to pay both a sewer capacity fee and a water connection fee based on the
Increase of 5.85 EDU's.
GRADING: NO grading is proposed.
DRAINAGE: BASIN A, Buena VIsta Lagoon
The proposed site drainage Is the same as the existing. By Increasing the building
footprints by more than 50 percent the project is subject to the Planned Local Drainage
Area (PLDA) fees recently adopted by the City council. The development only effects the
southerly parcel. The northerly parcel exists as a paved parking lot and that Is what is
being proposed with this project with no proposed change in footprint
H :\l I brarY\eng\wpdata\davls\M N SPACON .RPT
The project Is conditioned to pay the high runoff PLDA fees for the southerly parcel
area plus half the street area of Christiansen way along the parcel frontage.
Basin A $2560 per acre x 0.25 acres =$640 Is the estimated fee.
LAND TITLE
The area encompassing the historical well site Is private property and not public right-
of-way. The area has been used for public sidewalk purposes for over five years. The
project Is conditioned to grant an easement for public sidewalk purposes.
The project proposes to construct a sign adjacent to the historical well that says
"Carlsbad Mineral water", one post for the proposed sign will be within the area of the
above easement for public sidewalk purposes. The project has a condition to obtain an
encroachment permit for the post If the sign will be constructed In the right-of-way.
The site plan shows the existing Alt carlsbad building encroaching Into the Christiansen
way right-of-way. The project Is conditioned to obtain either a street vacation of excess
Christiansen way right-of-way or an encroachment permit
IMPROVEMENTS
The project Is required to construct local street standard public improvements along
the project frontage of Christiansen way.
Due to the sensitive nature of trees in the downtown area with some of the citizenry.
Engineering believes a large eucalyptus tree at the northeast corner of Carlsbad
Boulevard and Christiansen way should be saved If at all possible.
A condition is added that allows the public Improvements of curb, gutter and sidewalk
to be
modified with the City's approval to help save the tree and allow the project to be
found In substantial conformance.
RP 94-03
CONDITIONS OF APPROVAL
* All improvements within this project shall be constructed in conformance with the latest
requirements of the Standard Design Criteria for the Design of Public Works
Improvements in the Citv of Carlsbad.
35. The applicant shall comply with all the mles, 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.
45A. Prior to grading or building permit issuance, the applicant shall pay all current fees and
deposits required.
H:\llbrarY\eng\wpdata\davls\MNSPACON.RPT
* Prior to issuing a building permit the applicant shall pay a Plaimed Local Drainage
Area (PLDA) fee for high runoff on the southerly parcel, APN 203-173-01, plus the area
of half street width along Christiansen Way.
* Prior to issuing a building permit, the applicant shall pay a Sewer Capacity Fee for the
additional 3.85 Equivalent Dwelling Unit's of sewage the project will generate.
* Prior to issuing a building permit, the applicant shall pay a Water Coimection Fee for
the additional water usage based on the 3.85 additional Equivalent Dwelling Unit's.
* Prior to issuing a building permit, the applicant shall pay a Traffic Impact Fee for the
additional 80 Average Daily Trips generated by the project.
* Prior to issuing a building permit, either an Encroachment Permit for the existing Alt
Carlsbad building encroaching into the Christiansen Way right-of-way shall be issued or
a Street Vacation for the excess Christiansen Way right-of-way shall be recorded.
47. Prior to approval of the grading or building permit, the owner of the subject property shall
execute an agreement holding the City harmless regarding drainage across the adjacent
property.
50. Pretreatment of the sanitary sewer discharge from this project may be required. In addition to
the requirements for a sewer connection pennit the applicant shall conform to the
requirements of Chapter 13.16 of the Carlsbad Municipal Code. The applicant shall apply for
an industrial waste water discharge permit concurrently with the building permit for this
project.
57. Prior to hauling dirt or constmction 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 constmction 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.
61. Additional drainage easements may be required. Drainage stmctures shall be provided or
installed prior to or concurrent with any grading or building pennit as may be required by the
City Engineer.
72. Plans, specifications, and supporting documents for all public improvements shall be prepared
to the satisfaction of the City Engineer. Prior to issuance of a building permit in accordance
with City Standards, the applicant shall install, or agree to install and secure with appropriate
security as provided by law, improvements shown on the site plan and more completely
described as follows:
A. Christiansen Way shall be constructed to a local street standard of 40 feet
between curbs including paving, concrete curbs, gutters, sidewalks, and street
lights from Carlsbad Boulevard to the project boundaries. SufHcient transition
sections shall be constructed offsite as needed. Existing overhead utilities shall be
H:\llbrarY\eng\wpdata\davls\MNSPACON.RPT
undergrounded or relocated, to the satisfaction of the City Engineer.
The above improvements shall he constructed prior to occupancy for the additional uses
including operations of the mineral spa.
Every effort shall be made to save the large eucalyptus tree at the north east comer of
Carlsbad Boulevard and Christiansen Way. The City Engineer and Director of Planning
may approve modifications in the public improvements of curb, gutter and sidewalk in
order to help save the tree.
Prior to issuing a building permit the owner shall grant to the City an easement for
public sidewalk purposes over the property encompassing the historical well site shown
on the site plan as an area 11.5 feet by 20.00 feet.
Prior to issuing a sign permit or building permit, whichever comes first, for the proposed
"Carlsbad Mineral Water" sign, an encroachment permit shall be issued to allow the sign
post to be in the easement for public sidewalk purposes. If the City Council does not
approve the encroachment permit, the sign shall be relocated out of the easement for
sidewalk purposes and out of the public right-of-way to the satisfaction of the Director of
Planning.
H:\llbrarY\eng\wpdata\davls\MNSPACON.RPT
^REVIEW AND COMMENT MEM
DATE:
TO:
SEPT. 20. 199^4 REVISED PLAN •
FROM:
ENGINEERING DEPARTMENT
GROWTH MANAGEMENT (MEMO ONLY)
POLICE DEPARTMENT - ATTN: J. SASWAY
FIRE DEPARTMENT - MIKE SMITH
BUILDING DEPARTMENT - PAT KELLEY
COMMUNITY SERVICES - MARK STEYAERT A^NTNI (>>^ 1 ;^ \(\ A ovA
COMMUNITY SERVICES - VIRGINL\ McCOY CJk vJ^.S5 Q^^^^**^"
CARLSBAD WATER DISTRICT-ROB ERT GREANE'T \^
LANDSCAPE PLANCHECK CONSULTANT - LARRY BLACK \0
SCHOOL DISTRICT
NORTH COUNTY TRANSIT DISTRICT - 311 S. Tremont Street,
Oceanside, CA 92054-3119 - THOMAS LICHTERMAN
SAN DIEGO GAS 8c ELECTRIC - P. O. Box 1831, San Diego,
Ca 92112-4150 - BICH TRAN (MEMO ONLY)
Always Send Exhibits i
Planning Department
REQUEST FOR REVIEW AND COMMENT ON APPUCATION NO. RP QU-n^/CDP
NOTE: PLEASE USE THIS NUMBER ON ALL CORRESPONDEf4CE CONCERNING THIS
APPUCATION.
PROJECT TITLE:
APPLICANT:
CARLSBAD MINERAL SPRINGS SPA
CATHERYN CHRISTIANSEN - LUDVIG GRIGORAS
PROPOSAL: BUSINESS WILL USE HISTORICAL MINERAL WATER FOR
MINERAL BATHS AND IN THE FUTURE FOR BOTTLING. THIS TYPE OF OPERATION
WAS IN THIS SAME LOCATION FROM 1882 TO 1936.
PROJECT PLANNER: MIKE GRIM
Please review and submit written comments and/or conditions to the Planning Department
by OCT. n . 1994 . If not received by that date, it will be assumed that you have
no comment and the proposal has your endorsement as submitted.
THANK YOU
COMMENTS:
PLANS ATTACHED FRM0020 3/94 i
Oct. 4, 1994
Community Service Department comments on plan check of Carlsbad Mineral Springs Spa
Are street improvements including street lighting for both sides of Christiansen Way from
Carlsbad Blvd. easterly to Washington St. planned with the Carlsbad Village Station Project?
If not, recommend portion of south side of street including City street light adjacent to
driveway be included with this project.
DATE:
TO:
FROM:
4^1EVIEW
SEPT. 20. 199U
AND COMMENT MEMO
REVISED PLAN •
ENGINEERING DEPARTMENT
GROWTH MANAGEMENT (MEMO ONLY)
POLICE DEPARTMENT - ATTN: J. SASWAY
FIRE DEPARTMENT - MIKE SMITH
BUILDING DEPARTMENT - PAT KELLEY
COMMUNITY SERVICES - MARK STEYAERT
COMMUNITY SERVICES - VIRGINL\ McCOY
CARLSBAD WATER DISTRICT-ROB ERT GREANEY
LANDSCAPE PLANCHECK CONSULTANT - LARRY BLACK
SCHOOL DISTRICT
NORTH COUNTY TRANSIT DISTRICT - 311 S. Tremont Street,
Oceanside, CA 92054-3119 - THOMAS LICHTERMAN
SAN DIEGO GAS 8c ELECTRIC - P. O. Box 1831, San Diego,
Ca 92112-4150 - BICH TRAN (MEMO ONLY)
Always Send Exhibits
Planning Department
REQUEST FOR REVIEW AND COMMENT ON APPUCATION NO. RP QZi-n:^/CDP 94-04
NOTE: PLEASE USE THIS NUMBER ON ALL CORRESPONDENCE CONCERNING THIS
APPUCATION.
PROJECT TITLE: CARLSBAD MINERAL SPRINGS SPA
APPLICANT: CATHERYN CHR ISTI ANSEN -LUDVI G GRIGORAS
PROPOSAL: BUSINESS WILL USE HISTOR CAL M INERAL WATER
MINERAL BATHS AND IN THE FUTURE FOR BOTTLING. THIS TYPE OF OPERATION
WAS IN THIS SAME LOCATION FROM 1882 TO 1936.
PROJECrr PLANNER: MIKE GRIM
Please review and submit written comments and/or conditions to the Planning Department
by OCT. 11. 1994 . If not received by that date, it will be assumed that you have
no comment and the proposal has your endorsement as submitted.
THANK YOU
COMMENTS: /-/^L-2 .
PLANS ATTACHED FRM0020 3/94
Carlsbad
Municipal Water District
5950 El Cannino Real, Carlsbad, CA 92008
Engineering: (619) 438-3367
Adnninistration: (619) 438-2722
Fax: (619) 431-1601
Date: Sep/ ^/,, /g)g)4
City of Carlsbad
2075 Las Palmas Drive
Carlsbad, Califomia 92009
TO:
FROM:
Mike, Grirnm
CMWD NO 94-C 424
SUBJECT: Oarfsbad A/lln^i^a/ Spi^/njS Spa
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 shall be
evaluated in detail 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 will be
collected before and/or at the time of issuance of the building 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, the Developers Engineer shall do the 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 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 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 )^itley
Associate Engineer
FJW:jm
SEPTEMBER 5, 1994
TO: MIKE GRIM
FROM: Jim Davis
VIA PRINCIPAL CIVIL ENGINEER FOR LAND USE /^^^
RP 94-03, CARLSBAD MINERAL SPA
We have reviewed the resubmitted project and find it complete for the purposes of
engineering review. However there remain a number of issues that need to be
resolved prior to engineering being able to prepare conditions of approval. These
issues are as follows:
1. The plan view shows off-center improvements that have a variable width. The
width given is 40 feet but scale dimension is 42 feet. At the corner the scale
dimension is 44 feet. Off-center improvements are an issue discussed below.
Standard public improvements centered in the right-of-way and aligning with
improvements on the west side of Carlsbad Boulevard are required. These
improvements include concrete curbs, gutters, sidewalks, street lights, and 40
foot wide asphalt paving section together with any needed transition sections
will be required. Undergrounding of overhead utilities that can be
accomplished within reasonable practicality may also be required.
2. Please show the street cross-section for Christiansen Way that you are
proposing and be consistent with the plan view.
The existing right-of-way is 80, not the 60 feet as shown. The standard local
street roadway and the one that will be required is 40 feet, not the 40/ 36 as
shown. Jf a street vacation is applied for the required right-of-way will be 60 feet
wide but the roadway will remain 40 feet wide.
3. The Carlsbad Boulevard cross-section is not shown correctly. The existing
right-of-way is 100 feet wide not 102. The roadway is 76 feet wide with 12 foot
wide sidewalks continuous to the right-of-way line. The 12 foot wide median is
off center and could be shown conceptually without dimensions.
4. Please show what sidewalk design you are proposing. The site plan is unclear
on this point. Please be advised that non-standard sidewalks is an issue.
5. Please show what type of driveway approach on the south side of Christiansen
Way you are proposing.
H:\UBRARY\ENG\WPDATA\DAVIS\RPS403CM.SPA
6. Please show the existing handicapped ramps in both curb return areas.
7. As shown, the existing building encroaches in to the public right-of-way of
Christiansen Way. The applicant may apply for either an encroachment permit
or a street vacation. A request to vacate portions of Christiansen Way (80 feet
wide) that maintains a 60 foot right-of-way may be filed.
Alternatively the building could be modified to remove the encroaching portion.
8. Two parking spaces near the northwest corner of the northerly parcel do not
have the required five foot of backout clearance. One suggestion is to move
the parking five feet closer to the street.
9 Drainage from the northerly parcel is shown going down the driveway but the
topo indicates that drainage flows to the southeast corner of the parcel. The
drainage should be intercepted near the southeast corner and not allowed to
flow over the sidewalk on Christiansen Way. This is a City Standard
requirement.
6. The drainage on the southerly parcel is not clearly shown. Please show the
piping that is indicated wili be used and where the piping will outlet Show
sufficient elevations so that it can be determined that fail safe overflow exits. It
is a City requirement that all drainage be able to flow around the structures
without damage if the area drains become plugged.
7. The drainage from the southerly parcel needs to be conducted to the street,
Christiansen Way, and not flow onto the easterly parcel.
8. Show how the drainage is to be handled in the five foot wide area south of the
proposed "Draper House".
9. A space that appears to be a parking space just west of space marked
handicapped is not labeled and does not have dimensions. Please dimension
the space and if this is parking space please so label it.
10. The driveway from Carlsbad Boulevard serving the northerly parcel is shown as
blocked by parking spaces but closure of the driveway is not shown. It will be
required to close this driveway by removing the existing depressed curb,
constructing new concrete curb and sidewalk.
11 . Easements are not plotted on the site plan. Please submit an exhibit that
shows the easements appearing in the title report that are on the project
parcels.
H:\UBRARY\ENG\WPDATA\DAVIS\RP0403CM.SPA
12. A public pedestrian surface easement (easement for sidewalk purposes) over
the private property over the "well area" will be required prior to issuing a
building permit
13. Please add "RP 94-03" to the site plan.
14. A request for a quitclaim of the easements held by the State for certain
highway purposes may be filed with the City as the successor in interest of the
easements. See items 2 through 4 on the title report.
NOTE: Any request for quitclaim of easements or street vacation will require
additional fees and submittal items. A list of fees and required items will be
furnished on request.
15. A power pole and a telephone box are shown within the driveway for the northerly
parcel. The driveway could be moved or the pole and box could be relocated. Please
indicate your intentions on the plan.
16. Trees located on the south side of Christiansen Way appear to be in the normal
sidewalk location. Trees in the downtown area are a sensitive issue. We may need to
try to save the trees if possible. This issue will need to have some discussion within
the City before we can give a clear direction.
17. A very large tree on the northeast comer of Christiansen Way and Carlsbad
Boulevard is very close to the normal sidewalk location. As above we need to discuss
this within the City before a clear direction can be given.
18. Please label all facilities such as curbs, gutters and sidewalks as existing or proposed.
If you have questions regarding any of the comments above, please contact me at extension
4500.
H:\UBRARY\ENG\WPDATA\DAVIS\RP8403CM.SPA
APRIL 22, 1994
TO: MIKE GRIM
FROM: Jim Davis /l^>i<^;^—
VIA: PRINCIPAL CIVIL ENGINEER FOR LAND USE /^l/t^ H'S.L'^-^
COMPLETENESS REVIEW AND INITIAL ISSUES STATEMENT
RP 94-03, CARLSBAD MINERAL SPA
The Engineering Department has completed its review of the subject project for application
completeness. The application and plans submitted for this project are incomplete and unsuitable
for further review due to the following missing or incomplete items:
1. Cross sections of the streets are not shown.
2. Grading quantities are not given. If no grading is proposed then a statement to
this effect should be included.
3. The method of handling drainage on the northerly parcel is not shown.
4. The ownership and title information is incomplete. The title report shows the
owner as Catheryn F. Christiansen yet Ludvik Grigoras signed as owner. The
front sheet of a quitclaim deed from Catheryn F. Christiansen to Christiansen
Intemationai is attached but Exhibit A showing the property being quitclaimed is
either not labeled or not in the package.
5. The existing property lines for the project site north of Christiansen way are not
plotted.
6. The existing easements are not plotted.
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:
1. The title report shows easements and leases that may affect the project's ability
to develop. In particular the lease to Vanderlaan, item 13 on the title report, is
unclear. We request that a plot showing all the easements and leases be
submitted.
2. The status of the cycle shop as a lease or rental is not clear.
H:\LIBRARY\ENG\WPDATA\DAVIS\SPAINCOM.422
3. In order to guarantee parking, it may be necessary to make a lot consolidation of
the parcels south and north of Christiansen Way and a lot line adjustment of the
two northerly parcels. Planning may otherwise identify a different resolution of
the parking guarantee requirement.
4. The ADT shown as 78 should be at least 80, since we count apartments as 8
ADT. Further review is needed to verify if the method of projecting the ADT for
the other uses is acceptable.
5. The site plan shows only the additional ADT generated by the project. This fact
should be shown on the site plan.
6. The driveway from Carlsbad Boulevard serving the northerly parcel needs to be
relocated north as shown on the redlined checkprint. Also move the one standard
parking space adjacent to the cycle shop north to improve sight distance for cars
backing out.
7. Full public improvements of paving, curb, gutter, sidewalk and possibly street
lights on Christiansen Way will be required. A new curb retum will be required
on the south-east comer of Carlsbad Boulevard and Christiansen way. These
improvements need to be shown on the site plan.
NOTE: The applicant will need to propose and submit plans and other
supporting materials for the City to consider any plan to vacate or
"pedestrianize" Christiansen Way. If such a plan is ultimately cpproved
by the City Council, then the requirements for the standard public
improvements will be modified accordingly.
8. The flower stand will need to be relocated or removed in order to clear the above
improvements.
9. A public pedestrian surface easement (easement for sidewalk purposes) over the
private property over the "well area" will be required prior to issuing a building
permit.
10. An agreement to hold the City harmless conceming drainage across the parcel to
the east will be required prior to issuing a building permit.
11. The project will need to meet the requirements of the National Pollution
Discharge Elimination System (NPDES) permit.
12. A request to vacate portions of Christiansen Way (80 feet wide) that maintains a
60 foot right-of-way may be filed.
13. A request for a quitclaim of the easements held by the State for certain highway
H:\LIBRARY\ENG\WPDATA\DAVIS\SPAINCOM.422
purposes may be filed with the City as the successor in interest of the easements.
See items 2 through 4 on the title report.
NOTE: Any request for quitclaim of easements, street vacation, lot consolidation
or lot line adjustment will require additional fees and submittd items. A
list of fees and required items will be fumished on request.
Attached is a redlined check print set of the project. Please forward this plan set to the applicant
for corrections and changes as noted. The applicant must retum this plan set with the corrected
plans to assist us in our continued review.
If you have questions regarding any of the comments above, please contact me at extension
4500.
H:\LIBRARY\ENG\WPDATA\DAVIS\SPAINCOM.422
Order No. ~
Escrow No.
Loan No.
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
Mrs. Catheryn Cliristiansen
P.O. Box 188
Carlsbad, CA 92018
SPACE ABOVE THIS LINE FOR RECORDER'S USE
MAIL TAX STATEMENTS TO:
Mrs. Catheryn Christiansen
P.O. Box 188
Carlsbad, CA 92018
DOCUMENTARY TRANSFER TAX $ ..J/}:^^.r...J.^7n^.!!l}:tt:f±^^
Computed on the consideration or value of property conveyed; OR
Computed on the consideration or value less liens or encumbrances
remaining at time of sale.
A
Signature of Declarant or Agent determining tax — Firm Name
QUITCLAIM DEED APN203-173-0500
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowiedged,
Catheryn F. Christiansen, Trustee of the Catheryn Christiansen Trust
dated April 29, 1982
do hereby REMISE, RELEASE AND FOREVER QUITCLAIM to
Christiansen International
the real property in the City of CARLSBAD
County of SAN DIEGO , State of California, described as
DESCRIBED AS SET FORTH IN EXHIBIT "A" ATTACHED HERETO
SAID PROPERTY IS COMMONLY KNOWN AS 2802 CARLSBAD BLVD. CARLSBAD, CA
AND ADJOINING LOTS.
Dated March 18, 1994
STATE OF CALIFORNIA
COUNTY OF San Diego
}
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OnMarch 18, 1994 before me,
Nancy M. Reyes* ************
personaiiy appeared C.ath^.ryrt F. Christiansen* * * *
*********************
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person^) whose namefs]/\sl^rjk subscribed tothe within
instrument and acknowledged to me that/i^/she/tj/o^ executed the same
in hjfe^er/tjii^ir authorized capacity(j/fej/), and that by ly^/her/^fij^i/ signa-
ture(s/on the Instrument the person(s/ or the entity upon behalf of which
the person{s/acted, executed the instalment.
WITNESS mv^ha*id-and official sfeal.
Signature
NANCY M. REYES
COMM. #964104 ^
NOTARY PUBUC - CALIFORNIA j
SAN OIEOO COUNTY
My Comm. Expires AprH 12,19Se
(This area for official notarial seal)
Commonwealth Land Title Company
1455 Frazee Road, Suite 600
San Diego, Califorma 92108
Issuing Policies of
Commonwealth.
Land Title Insurance Company
Christiansen Real Estate
2802 Carlsbad Boulevard
Carlsbad, California ^2008
Attn: Kay
Your Ref: Christiansen
Our No: 963991-3
Title Officer:
Paula O'Bryant (619)686-2161
AMENDED PRELIMINARY REPORT
Dated as of Febmary 18, 1994 at 7:30 A.M.
In response to the above referenced application for a policy of title insurance, Conmionwealth
Land Title Company hereby reports that it is prepared to issue, or cause to be issued, as ofthe
date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest
therein hereinafter set forth, insuring against loss which may be sustained by reason of any
defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from
coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy forms.
The printed Exceptions and Exclusions from the 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 liability is assumed hereby. If it is
desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or
Conmiitment should be requested.
CLTA Preliminaiy Report Form (Rev. 11/18/82)
963991
Page 2
SCHEDULE A
The form of policy of tide insurance contemplated by diis report is:
LP-10
The estate or interest in the land hereinafter described or referred to covered by this report is:
A FEE as to Parcels 1, 2A, 2B, 3 and 4;
THE EASEMENT more particulariy described as Parcel 2C
Title to said estate or interest at the date hereof is vested in:
Catheryn F. Christiansen,
Trustee of the Catheryn Christiansen Trust dated April 29, 1982
The land referred to in this Report is situated in die State of California, County of San Diego, and is
described as follows:
SEE EXHIBIT "I" ATTACHED HERETO AND MADE A PART HEREOF
CLTA Preliminary Report Form (Rev. 11/18/82)
963991
Page 3
EXHIBIT "I"
Parcel 1: i^/O^f^^ "^^^^
The Northwesterly 60 feet of Block 10 of Town of Carlsbad, in the County of San Diego,
State of Califomia, according to Map thereof No. 365, filed in the Office of the County
Recorder of San Diego County, Febmary 2, 1887.
EXCEPTING therefrom the Northeasteriy 311 feet thereof
Parcel 2A:
/I 0
The Northeasteriy 85 feet of the Southwesterly 214 feet of Block 10 of Carlsbad, in the
o5 City of Carlsbad, County of San Diego, State of California, according to Map thereof No
365, filed in the Office of the County Recorder of San Diego County, Febmary 2, 1887.
EXCEPTING THEREFROM the Northwesteriy 60 feet thereof.
Parcel 2B:
The Northeasteriy 56 feet of the Southwesteriy 270 feet of Block 10 of Carlsbad, in the
City of Carlsbad, County of San Diego, State of Califomia, accordmg to Map thereof No.
365, filed in the Office of the County Recorder of San Diego County, Febmary 2, 1887.
EXCEPTING THEREFROM the Northwesteriy 60 thereof and also EXCEPTING the
Southeasterly 90 feet thereof.
Parcel 2C:
An easement and right of way for ingress and egress for driveway purposes over the
Southeasterly 90 feet of the Northeasterly 6 feet of the Southwesterly 220 feet of Block 10
of Carlsbad, in the City of Carlsbad, County of San Diego, State of Califomia, according
to Map thereof No. 365, filed in the Office of the County Recorder of San Diego County,
Febmary 2, 1887.
Parcel3: 2.1^-1^5 O f
Block 10 of Carlsbad, in the City of Carlsbad, County of San Diego, State of Califomia,
according to Map thereof No. 365, filed in the Office of the County Recorder of San Diego
County, Febmary 2, 1887;
EXCEPTING THEREFROM the Northwesterly 60 feet thereof; and ALSO
EXCEPTING therefrom the Northeasteriy 60 feet thereof; and ALSO
CLTA Preliminaiy Report Form (Rev. 11/18/82)
963991
Page 4
EXCEPTING therefrom the Southwesterly 300 feet, measured along the Southeasterly line
of said Block.
Parcel 4:
That portion of Block Five of Carlsbad, in the County of San Diego, State of California,
according to Map thereof No. 775, filed in the Office of the County Recorder of San Diego
County, Febmary 15, 1894, more particularly described as follows:
Commencing at the most Southerly comer of Block Five, which is the intersection of the
Northerly line of Cedar Avenue and the Easterly line of Lincoln Street, mnning thence in
a Northeasterly direction along the Northerly line of Cedar Avenue 115 feet to a pomt;
thence in a Northwesterly direction at right angles to the said Northerly line of Cedar
Avenue 100 feet to a pomt; thence in a Southwesterly dkection and parallel with the
Northerly line of Cedar Avenue 115 feet to a point in the Easterly line of Lincoln Street;
thence in a Southeasterly direction along the Easterly line of Lincoln Street 100 feet to the
point of commencement.
EXCEPTING THEREFROM that certain Westeriy 10 feet abutting the said Easteriy line of
Lincoln Street as conveyed to the Division of Califomia State Highways.
CLTA Preliminaiy Report Form (Rev. 11/18/82)
963991
Page 5
SCHEDULE B
At the date hereof Exceptions to coverage in addition to the printed exceptions and exclusions in
said policy form would be as follows:
A. General and special taxes, including any personal property taxes, and assessments
collected with taxes for the fiscal year 1993-1994.
Total: $1,307.50
First InstaUment: 653.75 Paid
Second Instalhnent: 1,307.50 Not Paid
Penalty: 75.38
Homeowners' Exemption: $none
Code: 09098
Parcel: 203-173-01
Affects Parcel 1
B. General and special taxes, including any personal property taxes, and assessments
collected with taxes for the fiscal year 1993-1994.
Total: $697.40
First Instalhnent: 348.70 Paid
Second InstaUment: 348.70 Not Paid
Penalty: 44.87
Homeowners' Exemption: $none
Code: 09098
Parcel: 203-173-05
Affects Parcel 3
C. General and special taxes, mcluding any personal property taxes, and assessments
collected with taxes for the fiscal year 1993-1994.
Total: $795.92
First Installment: 397.96 Paid
Second InstaUment: 397.96 Not Paid
Penalty: 49.80
CLTA Preliminaiy Report Form (Rev. 11/18/82)
963991
Page 6
Homeowners' Exemption: $none
Code: 09098
Parcel: 203-173-08
Affects Parcels 2A and 2B
D. General and special taxes, including any personal property taxes, and assessments
coUected with taxes for the fiscal year 1993-1994.
Total: $301.68
First Installment: 150.84 pd
Second InstaUment: 150.84 Not Paid
Penalty: 25.08
Homeowners' Exemption: $none
Code: 09098
Parcel: 203-172-14
Affects: Portion of Parcel 4
E. General and special taxes, including any personal property taxes, and assessments
coUected with taxes for the fiscal year 1993-1994.
Total: $335.36
Fu-st InstaUment: 167.68 Paid
Second InstaUment: 167.68 Not Paid
Penalty: 26.77
Homeowners' Exemption: $none
Code: 09098
Parcel: 203-172-15
Affects: Portion of Parcel 4
F. 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. 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 simUar stmctures placed along the right of
way or certain highways on said map to overhang the abutting property.
2. An easement for the purpose shown helow and rights incidental thereto as set forth
in document
CLTA Preliminaiy Report Form (Rev. 11/18/82)
963991
Page 7
Granted to:
Puipose:
Recorded:
Affects:
the State of CaUfomia
pubUc highway
May 8, 1934 in Book 291, Page 273 of Official Records
Portions of the herein described land, the exact location of which can
be determined by examination of the above-mentioned instmment,
which contains a complete legal description of the affected portions of
said land
Affects Parcel 1
3. An easement for the purpose shown below and rights incidental thereto as set forth
in document
Granted to:
Purpose:
Recorded:
Affects:
State of Califomia
pubUc highway
AprU 25, 1934 in Book 297, Page 22, of Official Records
Portions of the herein described land, the exact location of which can
be determined by examination of the above-mentioned instmment,
which contains a complete legal description of the affected portions of
said land
Affects: Parcel 4
4. An easement for the purpose shown below and rights incidental thereto as set forth
in document
Granted to:
Purpose:
Recorded:
Affects:
State of Califomia
pubUc highway
June 1, 1934 in Book 297, Page 265, of Official Records
Portions of the herein described land, the exact location of which can
be determined by examination of the above-mentioned instmment,
which contains a complete legal description of the affected portions of
said land
Affects: Parcel 4
5. An easement for the puipose shown below and rights incidental thereto as set forth
in document
Granted to:
Purpose:
Recorded:
San Diego Gas and Electric Company
pubUc UtiUties, ingress and egress
August 30, 1939 m Book 934, Page 201, of Official Records
CLTA Preliminaiy Report Form (Rev. 11/18/82)
963991
Page 8
Affects: Portions of the herein described land, the exact location of which can
be determined by examination of the above-mentioned instmment,
which contains a complete legal description of the affected portions of
said land
Affects: Parcel 4
6. An easement for the puipose shown below and rights incidental thereto as set forth
in document
Granted to:
Purpose:
Recorded:
Affects:
San Diego Gas and Electric Company
pubUc UtiUties, ingress and egress
August 30, 1939 in Book 934 Page 232, of Official Records
Portions of the herein described land, the exact location of which can
be determined by examination of the above-mentioned instmment,
which contains a complete legal description of the affected portions of
said land
Affects: Parcel 4
7. An easement for the purpose shown below and rights incidental thereto as reserved
in a document.
Grantor:
Purpose:
Recorded:
Affects:
EmU W. Tobler and Edith LUlian Tobler, husband and wife
for the use of the existing sewer
December 11, 1945 m Book 1996, Page 82 of Official Records
The exact location and extent of said easement is not disclosed of
record.
Affects Parcel 2A
8. An easement for the purpose shown below and rights incidental thereto as reserved
in a document.
Grantor:
Purpose:
Recorded:
Affects:
EmU W. Tobler and Edith L. Tobler, husband and wife
for existing sewer with right to make reasonable connection
September 1, 1950 in Book 3761, Page 397 of Official Records
The exact location and extent of said easement is not disclosed of
record.
9. An easement for the purpose shown below and rights incidental thereto as reserved
in a document.
CLTA Preliminaiy Report Form (Rev. 11/18/82)
963991
Page 9
Grantor:
Purpose:
Recorded:
Affects:
Affects Parcel 2A
EmU W. Tobler and Edith L. Tobler, husband and wife as joint tenants
for ingress and egress for driveway purposes
June 2, 1953 as FUe No. 75426 of Official Records
the Southeasterly 90 feet of the Northeasterly 6 feet of the
Southwesterly 214 feet of said Block 10
Said easement has been granted and reserved in various deeds of record.
10. An easement for the purpose shown below and rights incidental thereto as set forth
in document
Granted to:
Purpose:
Recorded:
Affects:
San Diego Gas and Electric Company
public UtiUties, ingress and egress
July 30, 1964 as FUe No. 137372 of Official Records
Portions of the herein described land, the exact location of which can
be determined by examination of the above-mentioned instmment,
which contains a complete legal description of the affected portions of
said land
11. An easement for the purpose shown below and rights incidental thereto as set forth
in document
Granted to:
Puipose:
Recorded:
Affects:
San Diego Gas and Electric Company
pubUc UtiUties, ingress and egress
August 5, 1982 as FUe No. 82-240302, of Official Records
The easement in the aforesaid lands shaU he 12.00 feet in width, being
6.00 feet measured at right angles on each side of the foUowing
described center line:
Commencing at the most Westerly comer of the land surveyed and
shown on Record of Survey Map No. 8648, fded in the Office of the
County Recorder of San Diego County, said comer bears South 55°
18' 39" West, 95.00 feet from the most Northerly comer thereof;
thence leaving said most Westerly comer South 52° 03' 43" East,
315.60 feet; thence North 24° 25' 37" West, 15.00 feet to the Tme
Point of Beginning of the center line herein described; thence from said
Tme Point of Beginning retracing South 24° 25' 37" East, 128.96 feet
Restrictions on the use, by the owners of said land, of the easement area as set out in the
easement document
CLTA Preliminaiy Report Form (Rev. 11/18/82)
963991
Page 10
Affects: Parcel 4
12. An unrecorded lease, affecting the premises herein stated, executed by and between
the parties named herein, for the term and upon the terms, covenants, conditions, and
provisions therein contained.
Lessor: Catheryn F. Christiansen Tmst, agreement signed and dated April 29,
1982
Lessee: T.I.O. Ltd., a Califomia Limited Partnership and T.I.L. Ltd., a
Califomia Limited Partnership
Term: for a term of forty-nine (49) years
Disclosed by: memorandum of lease, recorded May 31, 1988 as FUe No. 88-254946
of Official Records
The present ownership of said leasehold and other matters affecting the interest of the lessee
are not shown herem.
13. An unrecorded lease, affecting the premises herein stated, executed by and hetween
the parties named herein, for the term and upon the terms, covenants, conditions, and
provisions therein contained.
Type of Lease: not shown
Dated: not shown
Lessor: Kay F. Christiansen
Lessee: Gloria J. Vanderlaan
Term: not disclosed
Disclosed by: notice of nonresponsibiUty, recorded August 13, 1991 as File No.
1991-0412926, of Official Records
The present ownership of said leasehold and other matters affecting the interest of the lessee
are not shown herein.
14. The effect of an easement for ingress and egress for driveway purposes over the
Southwesterly 90 feet of the Northeasterly 6 feet of the Southwesterly 220 feet of said
Block 10 set forth m Exhibit "A", Parcel 4A of Deed of Tmst recorded August 23, 1990 as
FUe No. 90-461687 of Official Records.
15. In connection with the tmst hereinafter referred to, this Company wiU require the
foUowing 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: Catheryn Christiansen Tmst dated April 29, 1982
CLTA Preliminary Report Form (Rev. 11/18/82)
963991
Page 11
16. 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.
17. This report is incomplete as to the effect of documents, proceedings, Uens, decrees
or other matters which do not specificaUy describe said land, but which, if any do exist,
may affect the title or impose Uens or encumbrances thereon.
This Company wiU require statement(s) of information, including a declaration of marital
status, from the party shown below, in order to complete this report.
This Company wiU also require that the spouse(s), if any, of the vestee(s) and/or
purchaser(s) either:
(a) Join in the execution of any instmments conveying or encumbering said real
property; or
(b) Deed any possible interest in and to said land.
Party: Catheryn F. Christiansen
18. Rights of parties in possession of said land.
19. Matters which may he disclosed by an inspection or by a survey of said land that is
satisfactory to this Company, or by inquiry of the parties in possession thereof.
An inspection of said land has been ordered; upon its completion we wiU advise you of our
findings.
CLTA Preliminaiy Report Form (Rev. 11/18/82)
963991
Page 12
Note No. 1: The foUowing information wiU be included in said CLTA Indorsement 116:
There is located on said land: a single famUy residence
known as: 2802 Carlsbad Boulevard, Carlsbad, Califomia as to Parcel 1; and
unimproved property as to Parcels 2A, 2B, 3 and 4
Note No. 2: The only conveyances affecting said land recorded within six (6) months of
the date of this report are as foUows: None.
Note No. 3: AS OF JANUARY 1, 1990, CHAPTER 598, CAUFORNIA 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 CERTTHED 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 IN DISBURSEMENT OF
FUNDS ON THIS ORDER.
IN ORDER TO AVOID DELAYS, ALL FUNDS SHOULD BE WIRE TRANSFERRED.
OUTGOING WIRE TRANSFER WILL NOT BE AUTHORIZED UNTIL
CONHRMATTON OF THE RESPECTIVE INCOMING WIRE TRANSFER OR
AVAILABIUTY OF DEPOSITED CHECKS.
WIRING INFORMATION FOR THIS OFHCE IS AS FOLLOWS:
UNIONBANK
530 "B" STREET
SAN DIEGO, CA 92101
BANK NUMBER: 122000496
CREDIT: Commonwealth Land Title Co.
ACCOUNT NUMBER: 4000124120
Note No. 4: THIS COMPANY DOES REQUIRE CURRENT BENEHCIARY
DEMANDS PRIOR TO CLOSING. If the demand is expu^ and a current demand cannot
be obtained, our requirements wiU be as foUows:
CLTA Preliminaiy Report Form (Rev. 11/18/82)
963991
Page 13
(a) If this Company accepts a verbal update on the demand, we may hold an amount
equal to one monthly mortgage payment. This hold wiU 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. 5: Requirement that this Company be fumished with a copy of any supplemental
tax biUs now in existence which are not reflected on this report.
Note No. 6: If taxes are posted paid less than 45 days, the Company wiU hold the tax
amount plus delinquency amount untU 45 days have elapsed. If taxes have been paid
through an impound account or if a copy of the canceUed check can be provided to us, this
requirement can be waived.
Note No. 7: If any deed of tmst in favor of "Private Parties" is to be omitted from our
poUcy of title insurance, we wiU require that the original note, deed of tmst and properiy
executed and notarized request for reconveyance be surrendered for review prior to close of
escrow.
CLTA Preliminary Report Form (Rev. 11/18/82)
HISTORIC RESOURCES INVENTORY CONTINUATION SHEET
2802 Carlsbad Blvd
7b. STRUCTURAL AND DESIGN ELEMENTS:
Two story with basement, rectangularly shaped, stucco and half-limbered, building wilh tall,
steeply pitched front facing gable and sleep, pinnacle roof lower al north end of front facade.
Asymmetrical in design.
STRUCTURAL AND DESIGN ELEMENTS: WALL TREATMENT: slucco wilh "Fachwerk-
bau" (Half-timbering) on upper slory which extends continuously to gable. This effect mimics
Medieval infilled timber finaming. First floor facade is faced with brick and slone laid in a
random pallem. Second slory overhangs lower slory. A cylindrically shaped tower with a sleep
pinnacle roof has similar, compatible design eiemenls. The peak of lhe lower is capped wilh a
brass cap. R(X)F: tall, steeply pitched front facing gable with slight flare al eaves (similar lo
French Eclectic Style); slight overhang; plain fasica board; no pediment under gables
(continuous wall); wide shingle and lilc covering; Large beam exiends oul from under gable.
CHIMNEY: two, slucco in front and a brick ccnu^ally located; no decorative elements.
WINDOWS: tall narrow in multiple groups; varied styles; upper slory six light casement; lower
floor modem display-bay like windows. Plain board and half-timber surround. The tower
element contains a continuous band of windows al lhe second slory elevation. PORCHES: none.
The entire front of thc area is brick and slone walks wiili a brick and slone wall at the entrance.
DETACHED STRUCTURES: WELL HOUSE: to die south of the building facing Carlsbad
Blvd is a gazebo-type structure wilh eight arched posts supports and a spiral shaped decorated
brass roof. Like the original in Bohemia, the well's design includes symbols of eternal life,
family safely and prosperity. According io Christiansen, each of the eight posts represent one of
the original tribes of the Bohemian Empire. The omamenls of the lop represent King Karl's
three women: his wife, his molher, and his daughter. The inverted crown is a symbol lhal the
king is dead and the poinl raises to the heavens. This is the localion of the 1883 Frazier Well
relocated in 1956, when Carlsbad Blvd was widened. B.M. Christiansen, owner of the property
stabilized the well. The selecled structural elements protecting thc well area a replica of the
Karlsbad #9 well house. Alt Karlsbad has full galley in the basement were one can look down
inlo lhe shafl of the Frazier's wscU. A gift shop occupies the first fioor and the second fioor is
used as living quarters. A similar style, through larger "village atmosphere" development was
built in 1964 at Cedar and grand by Christiansen.
19. HISTORICAL AND/OR ARCHITECTURAL IMPORTANCE OF STRUCTURE
Wilhin three years, the waters became lhe base of the Carlsbad economy. Two different waters
were tapped in the drilling: one artesian, the olher according lo an analysis Frazier asked Smilh-
Emery Company of Los Angeles, was allegedly identical lo lasle and chemical content to water
lauded for ils curative powers and found in the Well #9 at Karlsbad, Bohemia. Hence the name
of the town. Initially, the water was piped lo the railroad slation by Frazier and given lo
travelers.
SEE CONTINUATION
HISTORIC RESOURCES INVENTORY CONTINUATION SHEET
2802 Carlsbad Blvd
19. HISTORICAL AND/OR ARCHITECTURAL IMPORTANCE OF STRUCTURE
The waters were used as a selling point during the boom of the 1880s; the Santa Fe scouts who
showed lands lo prospective land developers touted ils miraculous curing qualities. An 1887
article in Harr Wagner's Golden Era carried a lead article slating:
. . . ."Another already famous health resource which is destined lo occupy
a foremost place among the great sanitariums of the worid is Carlsbad . . .
It is safe to say that no olher resort in the world combines the unique
advantages for the health and pleasure seeker lo be found there. . . they can
test the curative effects of mineral waters whose effect corresf)ond wilh
those of the world renowned Carlsbad Springs of Germany which for
centuries have been a source of hope and solace lo the pain-worn
multitudes of Europe. There are two springs, one for drinking, the other for
fumishing baths . . . The hol and cold water bathhouses, which ihey are
building adjoining the two wells are to be a particular feature of the place .
Numerous promotional articles during the boom years lauded the curative properties and
promoted the similarity with famous German spas. This was a typical ploy to entice both
Easterners and the increasing flood of European immigrants lo the Southland. Health had
become a major reason for moving to the wesl Clean air, mild climate and specifically in
Carlsbad, the waters, were used lo sell the cily lo visitors and settlers alike.
In 18987, the well waters were analyzed by H.A. Nelson of the University of California:
. . . "The analysis sent herewith shows the water lo be essential a saline
water of slightiy purgative and tonic character, depending on ils contents
of calcium, sulphate, magnesium, sulphate, iron carbonate. For some
purposes the contents of potash salts is also important . . . ."
Secure in the fact that the waters would continue lo be used lo attract visitors, the Carlsbad
Land and Mineral Company (Schulte, Nelson, Smith, Wadsworth, Frazier) purchased 400 acres,
laid out a town site and chose the name of their new communily. In addition to constructing
their homes, ihcy built thc $50,000 Carlsbad Hotel to further entice visitors to the area. (Thc
Hotel was destroyed by fue in 1896 and nol rebuilt). The men used testimonials reinforced by
medical opinions substantiating their claims to promote the mineral waler and enhance the
appeal for sealing in the Communily of Carlsbad.
By 1890, there was a 50 fool water lower pulling water from a 510 fool well. The artesian
waler was piped to a 175 foot lank behind the town to supply sofl waler to town residents. The
mineral water was piped to the mineral company's preserves. A huge sign next to a large water
tank beside the railroad was erected lo invite all to "alight, drink and be happy."
SEE CONTINUATION
HISTORIC RESOURCES INVENTORY CONTINUATION SHEET
2802 Carlsbad Blvd
19. HISTORICAL AND/OR ARCHITECTURAL IMPORTANCE OF STRUCTURE
Have you ills you cannot tell?
There is healing past revealing in the
water of the well ....
The well was purchased in 1899 by J.R. Newberry, head of a Los Angeles business syndicate.
A bottling company was established at Uiat time. In die 1930s, salt seeped into the ground water
and the well became no longer usable. It was covered up as a result. At this time, Carlsbad
again attempted to lure visitors by advertising lhe curative effects of its water by approving the
construction of lhe Califomia Carlsbad Mineral Springs Hotel (Carlsbad-by-lhe-Sea). Maltcws
and Company, a well-krjown fountain furm of the era even planned to run the waler ihrough its
principal fountains in eastem cities. This idea never came into being.
In 1956, during the widening of Carlsbad Blvd, the well casing and a cemenl corridor leading
ten feet below the street surface was uncovered by workmen. The current well house is on the
location of the 1883 Frazier Well.
HISTORIC RESOURCES INVENTORY CONTINUATION SHEET
2802 Carlsbad Blvd
PHOTOGRAPHS- Mineral Springs, circa 1900
HISTORIC RESOURCES INVENTORY CONTINUATION SHEET
2802 Carlsbad Blvd
Exterior Appearance of Setting
City of Carlsbad
Planning Department
December 9, 1994
Ludvik Grigoras
2802 Carisbad Boulevard
Carisbad, CA 92008
SUBJECT: CARLSBAD MINERAL SPRINGS SPA - RP 94-03/CDP 94-04
Your application has been tentatively scheduled for a hearing by the Design Review Board on January
18,1995. However, for this to occur, you must submit the addKionai items listed beiow. If the required
Items are not received by December 22,1994, your project will be rescheduled for a later hearing. In
the event that the scheduled hearing date is the last available date for the City to comply with the Permit
Streamlining Act, and the required items listed below have not been submitted, the project will be
scheduled for denial.
1. Please submit the following plans.
A) Fifteen (15) copies of your site pians and architectural plans.
2. As required by Section 65091 of the Califomia Govemment code, please submit the following
information needed for noticing and sign the enclosed form:
A) Owners List - a typewritten list of names and addresses of all property owners within a 600 foot
radius of the subject, including the appiicant or owner. The list shall include the San Diego
County Assessor's parcel number from the latest equalized assessment rolls.
B) Mailing Labels - two (2) separate sets of mailing labels of the property owners within a 600 foot
radius of the subject property. The list must be typed in all capital letters, left justified, and
void of any punctuation. For any address other than a single family residence, an apartment
or suite number must be included. DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON
LABELS. Do not provide addressed envelopes -PROVIDE LABELS ONLY.
C) Radius Map - A map to scale, not less than 1" = 200', showing all lots entirely and partially
within 600 feet of the exterior boundaries of the subject property. Each of these lots should
be consecutively numlsered and correspond with the property owner's list. The scale of the
map may be reduced to a scale acceptable to the Planning Director If the required scale Is
Impractical.
D) Fee - A fee (check payable to the City of Carisbad or cash only) shall be paid for covering the
cost of mailing notices. Such fee shall equal the current postage rate times the total number
of labels.
Please feel free to contact me at (619) 438-1161, extension 4499, if you have any questions.
SIncereh
MICHAEL GRII
Assistant Plannei^^
2075 Las Palmas Drive • Carlsbad, California 92009-1576 • (619) 438-1161 ^
I HEREBY CERTIFY THAT THE PROPERTY OWNERS UST AND LABELS SUBMITTED TO THE
CITY OF CARLSBAD ON THIS DATE REPRESENT THE LATEST AVAILABLE INFORMATION
FROM THE EQUAUZED ASSESSOR'S ROLES.
APPUCATION NAME AND NUMBER
APPUCANT OR
APPUCANTS REPRESENTATIVE
BY
DATE
RECEIVED BY
DATE
SCHUCARD >^SOCIATES, INC.
ARCHITECTURE AND PLANNING
6498 WEATHERS PLACE, SUITE 200 • SAN DIEGO, CALIFORNIA 92121-2958* (619) 558-7197
TRANSMITTAL
ATTENTION
DATE /O/^/^.^ JOB. NO._^:^j^
SUBJECT r.AiU^'^^ .
QTY PRINTS SEPIAS ORIGINALS COPIES 1 DESCRIPTION
IX /
• For Your Use
(Z^or Review and Comment
Q For Approval
•
Q For Signatures
D For Your Infonnation
O P«r Your Request
Q Revised Per Your Comments
O Originals Retumed
• As Requested By
SENT VIA : Ous Mail •siuepnntCo
• UPS • Messenger:
IF rrEMS ARE NOT AS INOICATEO. PLEASE NOTIFY US AT ONCE By^
• Picked Up By: —
Hand Delivered Bv Nfa-^A O
« iBvoMiATioe oe TBIS rukT IS rA»T or TB« orru I*L ••coeos. rmm i>cctmMcr or TMAT leroewftTioe is eor
coMioaeD AS aaiec A WMIT or f*>ticT. aero^• Bieoae. cowuufraa. oe orsta p»ooo»-r isausD at T«« TO Msica IT at ATTAcaao.
• PARCEL 1
A PAKCEL 2 A
PARCEL 2 t
% PARCEL 2 C
O PARCEL 3
• PARCEL 6
•> • >
^ i
m
«ji
•il 1 ll -
it •> •V, 3<n •••» -
•1 *• f< V V
\t rt. In)
EXHIBIT "A"
LIST OF PREPRINTED POLICT EXCLUSIONS AND EXCEPTIONS
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this polic> 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 effeci
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 uniess 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 of the lien of the 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.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or
not the matters excepted under (a), (b) or (c) are shown by the public records.
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 being deemed a preferential transfer except where the preferential transfer results from the failure:
(i) to timely record the instrument 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)
PROPERTY PROFILE - SAN (C) 1994 DATAQtS^K INFORMATION NETWORK
PREPARED FOR
REQUESTED BY
KAY CHRISTIANSEN RE
COMMONWEALTH LAND TITL
BY : TASHA/PAM
APN
OWNER
0WNR2
SITE
CITYST
MAIL
CITY
LEGAL
PG-GRD
203-172-14
CHRISTIANSEN,CATHERYN F TR
2780 CARLSBAD BLVD
CARLSBAD CA
PO BOX 188
CARLSBAD CA
BLK 5*P0R*
(Old) 13-E4 (new) 1106-D5
92008
92018
PHONE :
OWNSHP: NONE
CENSUS: 180.00
MAP : 775
BL/LOT: 5/
ZONE : C
SALEDT: 06/11/82
SALEAM: UNAVAIL
ISTLN :
LNTYPE:
+ADDL :
SALE/LOAN INFORMATION
DOC# : 180291
$/SQFT:
TITLE :
LENDER:
LAST TRANS W/O $:
PREVDT:
PREVAM: UNAVAIL
SELLER:
***1t**1t***********1c1t*********ic1tie****1t ************
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*****
ASSESSMENT/TAX INFORMATION
ASSD
LAND
IMPVAL
%IMPRV
$20,512
$20,385
$127
0
TAXAMT: $301.68
TXSTAT: CURRENT
TXAREA: 9098
EXEMPT:
PROPERTY CHARACTERISTICS
USE : SINGLE RESIDENCE
1920 YRBLT
ROOMS :
BEDRMS:
BTHRMS: 1.0
SQR/FT: 534
LOTSZ :
#UNITS: 1
POOL :
GARCAR: GARAGE
GARTYP:
#GARSP: 1
VIEW :
*****************************************************************
*********
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*********
*** THE ACCURACY OF THE ABOVE INFORMATION IS ***
*** DEEMED RELIABLE BUT IS NOT GUARANTEED ***
I C0PYRIGHIP(C) 1994 DATAQUICK INFORMJ^ION NETWORK
1) 203-250-10 SITE:250 PINE AVE*CARLSBAD CA 92008
OWNR:MULLEN,EDWARD M&ADEL MAIL:2640 ANAHEIM ST*ESCONDIDO CA 92025
USE: SINGLE RESIDENC ZN: R3 DATE: 05/04/93 DOC:277539 TFR: $269,000F
LOANS: YB: 58 SQFT: 1882 ASD: $57,687 %IMP:55% #UN: 1
PHN: (619)743-2373 RMS: BDR: 3 BTH: 2.0 LOTSZ: T/L: 1661/
1 RECORDS FOUND
COPYRIGHT (C) 1994«DATAQUICK INFORMATION NETWO
1) 203-304-17 SITE:2937 MADISON ST*CARLSBAD CA 92008
OWNR:GREAT WESTERN BANK MAIL:9200 OAKDALE AVE*CHATSWORTH CA 91311
USE: 1-3 ST OFF/STOR ZN: C DATE: 02/26/93 DOC:124376 TFR: $820,0O0F
LOANS: YB: SQFT: ASD: $115,000 %IMP:7% #UN: 1
PHN: RMS: BDR: BTH: LOTSZ: T/L: 775/21
1 RECORDS FOUND
92008
Carlsbad
' \ r •
! i i i
'^ H^^P^A'^aC^ta College/Elemmtary Schcc ' "i Ji^ >\ , ; ,
^1 . "i " i i^ ' CountyCourts^Lifcrary '- ^.V'--',
El Camino Re^ountr^ Club '^-i^r -
, •^STUWY 78 ^Plaza Camino Real
&jenaj/ista Lagoon
j'-'l h \yr\Ky><y yr
Carlsbad Hicfi School 1\ v, l'i
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I 4-pnLonnR niRPORT RD
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' Sha(±3w Ridge Goir Course';
\ /
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Carlsbaij ) ~r^'\\
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if,riiraCosta College' /Elementary School 1 '
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'That portlOB ef Bloek VWa ef Cnylafcel, IA «!>• Couatj eC fwi Dieqor •tate. oC callferalm, aooeraing te mp the^epf Me. dial IA IJM • e££iee ef tlie Ceoofear HacorJei ot saa mage caea«]r# vataaaxy l(, IfPf aeiee jmrticalarly daeaeitot ea feUovat
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lfciMI*wi«i|4<NriUJffMlpr*fni7Ulk» City Qf OirUtad
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««4..2!!!?Sl"!/K**L!?r '^^•f of llo«k FIT*, whieh la
line or Liheeia Street, mnia^ thaaae in a ttertheMtarly Olrection ai6nf
street one mwdyed feet to the Balat of eeaaeiteeatnt. « *»
pCpniC mwiJrtOl m* aCiftHJl wmtt&t Tan faet a^Vutina Vhe said Saeterly line eftlaeolii fitraet a» eenrayed to tht DlYlelen e? Oalif^mla Otate filshna/s.
DitrA. l>aeedi>BY> 30» 1974
fTATfe or CAUrOHK
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Hiny3MKI0WW0D 92:TT t«/9T 83J
CALIF^^D\ DEPARTMENT OF FISH AND
PO BOX 944209
SACRAMENTO CA 94244-2090
CERTIFICATE OF FEE EXEMPTION
De Minimis Impact Finding
Project Title/Location (include county): RP 94-03/CDP 94-04 - Carlsbad Mineral Springs Spa
The southeast comer of Carlsbad Boulevard and
Christiansen Way, in the City of Carlsbad, County of San
Diego, State of Califomia
Name and Address of Applicant: Christiansen & Grigoras
2802 Carlsbad Boulevard
Carlsbad, CA 92008
Project Description: A Major Redevelopment Permit and Coastal Development Permit
to allov\^ the construction and operation of a 3,500 square foot
mineral springs spa, office and residential apartment on an infill,
pregraded site in the Village Redevelopment Area.
Findings of Exemption (attach as necessary):
1. The City of Carlsbad Planning Department has completed an Enviromnental Initial
Study for the above referenced property, including evaluation of the proposed project's
potential for adverse environmental impacts on fish and wildlife resources.
2. Based on the completed Environmental Initial Study, the City of Carlsbad Planning
Department finds there is no evidence before the City of Carlsbad that the proposal will
have potential for an adverse effect on wild life resources or the habitat upon which the
wildlife depends.
3. The City of Carlsbad has on the basis of substantial evidence, rebutted the presiunption
of adverse effect contained in AB 3158 Chapter 1706 Section 753.5(d).
Certification:
I hereby certify that the lead agency has made the above findings of fact and that based
on the initial study and hearing record the project will not individually or cumulatively have
an adverse effect on wildlife resources, as defined in Section 711. Game Code.
MICHAEL J. HOLZMILLER ffl
Title: Planmng Director
Lead Agency: Citv of Carlsbad
MG:vd p^^g.
Section 711.4, Fish and Game Code
DFG-.12/90
CALIFifeNJL\ DEPARTMENT OF FISH AND HME
PO BOX 944209
SACRAMENTO CA 94244-2090
CERTIFICATE OF FEE EXEMPTION
De Minimis Impact Finding
Project TitleAocation (include county): RP 94-03/CDP 94-04 - Carlsbad Mineral Springs Spa
The southeast comer of Carlsbad Boulevard and
Christiansen Way, in the City of Carlsbad, County of San
Diego, State of Califomia
Name and Address of Applicant: Christiansen & Grigoras
2802 Carlsbad Boulevard
Carlsbad, CA 92008
Project Description: A Major Redevelopment Permit and Coastal Development Permit
to allow the construction and operation of a 3,500 square foot
mineral springs spa, office and residential apartment on an infill,
pregraded site in the Village Redevelopment Area.
Findings of Exemption (attach as necessary):
1. The City of Carlsbad Planning Department has completed an Enviromnental Initial
Study for the above referenced property, including evaluation of the proposed projecfs
potential for adverse enviroimiental impacts on fish and wildlife resources.
2. Based on the completed Enviroimiental Initial Study, the City of Carlsbad Planning
Department finds there is no evidence before the City of Carlsbad that the proposal will
have potential for an adverse effect on wild life resources or the habitat upon which the
wildlife depends.
3. The City of Carlsbad has on the basis of substantial evidence, rebutted the presumption
of adverse effect contained in AB 3158 Chapter 1706 Section 753.5(d).
Certification:
I hereby certify that the lead agency has made the above findings of fact and that based
on the initial study and hearing record the project will not individirally or cumulatively have
an adverse effect on wildlife resources, as defined in Section 711/^/« the/Fish/and Game Code.
"T^ICt^AEL J. HotzMILLER
Title: Planning Director
Lead Agency: Citv of Carlsbad
^^"^ Date:
Section 711.4, Fish and Game Code
DFG: 12/90
City of Carlsbad
Planning Department
NEGATIVE DECLARATION
PROJECT ADDRESSAOCATION: The southeast comer of Carlsbad Boulevard and
Christiansen Way, City of Carlsbad, County of San
Diego.
PROJECT DESCRIPTION: A Major Redevelopment Permit and Coastal Development
Permit to allow the construction and operation of a 3,500
square foot mineral springs spa, office and residential
apartment on an infill, pregraded site in the Village
Redevelopment Area.
The City of Carlsbad has conducted an environmental review of the above described project
pursuant to the Guidelines for Implementation of the Califomia Environmental Quality Act
and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said
review, a Negative Declaration (declaration that the project will not have a significant
impact on the environment) is hereby issued for the subject project. Justification for this
action is on file in the Planning Department.
A copy of the Negative Declaration with supportive documents is on file in the Planning
Department, 2075 Las Palmas Drive, Carlsbad, Califomia 92009. Comments from the
public are invited. Please submit comments in writing to the Planning Department within
30 days of date of issuance. If you have any questions, please call Mike Grim in the
Planning Department at (619) 438-1161, extension 4499.
DATED:
CASE NO:
CASE NAME:
JULY 6, 1994
RP 94-03/CDP 94-04
(ICHAEL J. HOLZMILLER
Planning Director
CARLSBAD MINERAL SPRINGS SPA
PUBLISH DATE: JULY 6, 1994
MG:vd
2075 Las Palmas Drive • Carlsbad, California 92009-1576 • (619) 438-1161
NOTICE OF COMPLETION ^
Mail to: State Clearinghouse, 1400 Tenf|ptreet7 Rm. 121, Sacramento, CA 95814 916/i
Project Title: Cartsbad Mineral Springs Spa
Lead Agency: City of Carlsbad
RP 94-03/CDP 94-04
See NOTE Below:
SCH #
Contact Person: Mike Grim
Street Address: 2075 Las Palmas Drive
City: Carlsbad
Phone: (619) 438-1161
Zip: 92009 County: San Diego
PROJECT LOCATION:
County: San Diego City/Nearest Conmunity: Carlsbad
Cross Streets: Carlsbad Blvd. & Christiansen Way
Assessor's Parcel No. 203-173-01 Section:
Within 2 Miles: State Hwy #: _t:l
Total Acres:
Twp.
1.3
Range: Base:
Waterways: Buena Vista Lagoon
Airports: Palomar Railways: ATS&F Schools: Carlsbad USD
DOCUMENT TYPE
CEQA: NOP
Early Cons
Neg Dec
Draft EIR
Supplement/Subsequent
EIR (Prior SCH No.) _
Other
NEPA: NOI
EA
Draft EIS
FONSI
OTHER: Joint Document
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
DEVELOPHENT TYPE
Residential:
_0ffice:
Commercial:
Industrial:
Educational
Recreational
Units
Sq. Ft."
Sq. Ft.
Sq. Ft.
300
2.800
_ Acres
Acres _
Acres
Acres
1.3
Employees
Employees
Employees
Water Facilities:
Transportation:
Mining:
Power:
Waste Treatment:
Hazardous Waste:
Other:
Type
Type
Mineral
Type
Type
Type
MGD
Watts
PROJECT ISSUES DISCUSSED IN DOCUMENT
J( Aesthetic/Visual
Agricultural Land
Air Quality
_X Archaeological/Historical
_X 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
_X Sewer Capacity
_X Soil Erosion/Compaction/Grading
Solid Waste
Toxic/Hazardous
_X Traffic/Circulation
Vegetation
Water Quality
Water Supply/
Ground Water
Wetland/Riparian
Wildlife
Growth Inducing
Landuse
Cumulative Effect
Other
Present Land Use/Zoning/General Plan Use
Vacant - V-R - CBD.
Project Description
A Major Redevelopment Permit and Coastal Development Permit to allow the construction and operation
of a 3,500 square foot mineral springs spa, office and residential apartment on an infill, pregraded
site in the Village Redevelopment Area.
NOTE: Clearinghouse will assign identification nuntiers for all new projects,
from a Notice of Preparation or previous draft document) please fill it in.
MG:vd
If a SCH number already exists for a project (e.g.
Revised October 1989
City of Carlsbad
Planning Departnnent
NEGATIVE DECLARATION
PROJECT ADDRESS/LOCATION: The southeast comer of Carlsbad Boulevard and
Christiansen Way, City of Carlsbad, County of San
Diego.
PROJECT DESCRIPTION: A Major Redevelopment Permit and Coastal Development
Permit to allow the constmction and operation of a 3,500
square foot mineral springs spa, office and residential
apartment on an infill, pregraded site in the Village
Redevelopment Area.
The City of Carlsbad has conducted an environmental review of the above described project
pursuant to the Guidelines for Implementation of the Califomia Environmental Quality Act
and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said
review, a Negative Declaration (declaration that the project will not have a significant
impact on the environment) is hereby issued for the subject project. Justification for this
action is on file in the Planning Department.
A copy of the Negative Declaration with supportive documents is on file in the Planning
Department, 2075 Las Palmas Drive, Carlsbad, Califomia 92009. Comments from the
public are invited. Please submit comments in writing to the Planning Department within
30 days of date of issuance. If you have any questions, please call Mike Grim in the
Planning Department at (619) 438-1161, extension 4499.
DATED:
CASE NO:
CASE NAME:
JULY 6, 1994
RP 94-03/CDP 94-04
MICHAEL J. HOLZ^LLER
^ Planning Director
CARLSBAD MINERAL SPRINGS SPA
PUBLISH DATE: JULY 6, 1994
MG:vd
2075 Las Palmas Drive • Carlsbad, California 92009-1576 • (619) 438-1161
ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART II
(TO BE COMPLETED BY THE PLANNING DEPARTMENT)
CASE NO. RP 94-03/CDP 94-04
DATE: June 17. 1994
BACKGROUND
1. CASE NAME: Carisbad Mineral Springs Spa
2. APPLICANT: Christiansen and Grigoras
3. ADDRESS AND PHONE NUMBER OF APPLICANT: 2802 Carisbad Boulevard
CARLSBAD. CA 92008
(619) 729-0110
4. DATE EIA FORM PART I SUBMITTED: April 8. 1994
5. PROJECT DESCRIPTION: A Maior Redevelopment Permit and Coastal Development Permit
to allow the constmction and operation of a 3.500 square foot mineral springs spa, office and
residential apartment on an infill site in the Village Redevelopment Area.
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 8 identifies any physical, biological and human factors that might be impacted by the proposed
project and provides the City v^th 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 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.
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 DIRECTLY OR INDIRECTLY: YES YES NO
(sig) (insig)
1. Result in unstable earth conditions or
increase the exposure of people or property
to geologic hazards? X
2. Appreciably change the topography or any
unique physical features? X
3. Result in or be affected by erosion of soils
either on or off the site? X
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? X
5. Result in substantial adverse effects on
ambient air quaUty? _Ji_
6. Result in substantial changes in air
movement, odor, moisture, or temperature? X
7. Substantially change the course or flow of
water (marine, fresh or flood waters)? X
8. Affect the quantity or quality of surface
water, ground water or public water supply? __X_
9. Substantially increase usage or cause
depletion of any natural resources? X
10. Use substantial amounts of fuel or energy? _X_
11. Alter a significant archeological,
paieontological or historical site,
stmcture or object? X
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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, shmbs, 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 numbers 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? X
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
pubHc services?
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? _JL
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? _K_
28. Alter waterbome, rail or air traffic? _X_
29. Increase traffic hazards to motor
vehicles, bicyclists or pedestrians? X
30. Interfere v^th emergency response plans or
emergency evacuation plans? X
31. Obstmct any scenic vista or create an
aesthetically offensive public view? X
32. Affect the quality or quantity of
existing recreational opportunities? X
MANDATORY FINDINGS OF SIGNIFICANCE
WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES NO
(sig) (insig)
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. X
34. Does the project have the potential
to achieve short-term, to the dis-
advantage of long-tenn, 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.) X
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 current projects, and
the effects of probable future projects.) X
36. Does the project have environmental
effects which v^dll cause substantial
adverse effects on human beings,
either directly or indirectly? _K_
DISCUSSION OF ENVIRONMENTAL EVALUATION
The proposed Carlsbad Mineral Springs Spa involves the constmction of two adjoining buildings on a
downtown, infill lot and the installation and operation of a mineral springs spa, feeding off of the existing
mineral spring on the site. The buildings will total approximately 3,500 square feet and will house the spa
facility, offices, and a one-bedroom apartment. The project site lies on a gentle east-facing slope, mostly clear
of vegetation. The site is surrounded by development on three sides and currently has water, sewer, and
power service. Based upon field investigations, staff determined that no unique or significant features exist
within the project area and no environmental impacts should result from the proposed mineral springs spa
development.
PHYSICAL ENVIRONMENT:
1. The Carlsbad Mineral Springs Spa site is a gently sloping site located amongst developed
properties. The proposed buildings and spa uses will not require any grading other than site
preparation. The existing mineral spring is reinforced and stable. Therefore, the proposed
mineral springs spa will not result in unstable earth conditions nor increase the exposure of people
or property to geologic hazards, either vdthin the project or on adjoining properties.
2. The topographic trend of a gently sloping site v^U remain, however most of the site will be
covered by buildings. No unique physical features exist on the surface of the infill, partially
developed site and the existing mineral spring well will be preserved. Therefore the proposed
development will not appreciably change the topography or any unique physical feature.
3. All projects vdthin the Coastal Zone are required to maintain effective soil erosion controls and
are restricted from grading during "rainy season" (October 1 through April 15). In addition,
erosion control measures such as slope landscaping and protective devices are required by Chapter
11 of the Carlsbad Municipal Code, City of Carlsbad Engineering Standards, and the City of
Carlsbad Landscape Manual. No grading of earth will be allowed until the grading plans show
adequate erosion control measures to preclude the erosion of soils either on or off the site.
4. No recent beach sands, river or stream channels, oceans, bays, inlets or lakes exist within the
mineral springs spa development area. The site drains through sheet slow to the east and no
organized drainage courses exist on the site. The Pacific Ocean is located approximately 1,200
feet to the west, however no modification to the ocean or shoreline is proposed with this
development.
5. Grading and constmction of the Carlsbad Mineral Springs Spa development will cause increased
aerosol emissions in the form of dust and engine exhaust. Occupation of the spa/office/apartment
project will result in an increase of approximately 78 average daily trips, which vdll incrementally
add to the existing mobile source emissions. Constmction and occupation of the project area will
also increase the gas and electric power consumption, which vdll also incrementally contribute
to air pollution emissions. However, given the regional nature of air quality, and the programs
in the San Diego Basin Air Quality Plan, the potential air quality impacts are lessened to the
greatest extent possible.
6. The conversion of surfaces within mineral springs spa site from the currently undeveloped state
to a developed, mostly impermeable state will result in changes in various climatological indices
(such as convective and advective air movement, surface moisture and temperature). The level
of influence is on the level of microclimatic changes and will not result in sigmficant or substantial
changes in the surface and air energy and moisture exchanges. No odor sources are proposed
with the inineral springs spa development and the excess gases from the mineral springs pumping
will be gathered and directed outside of the spa building. Therefore no substantial changes to
odor levels should result.
7. The closest marine water source (the Pacific Ocean) is approximately one quarter mile away from
the project area and no alterations to its normal cycles are expected. No existing fresh or flood
water course exists on the site. Therefore, the proposed inineral springs spa project vdll not
substantially change the course or flow of marine, fresh, or flood waters.
8. No surface waters exist within the inineral springs spa site. Groundwater sources in the form of
inineral springs are relatively abundant, hence the location of the historic well and spring. The
spring has been reviewed and approved by the County of San Diego Health Department for
stmctural stability and water quality and no significant impacts to such are anticipated.
Grading and constmction of the mineral springs spa project will incrementally reduce the public
water supply, mostly for dust prevention. Occupation of the development vdll cause a need for
approximately 1,000 gallons per day. The project vdll be conditioned such that no building
pennits be issued unless the Carlsbad Municipal Water District detennines that adequate water
and service is available at the time of application for water service and will continue to be
available until the time of occupancy. If the existing water supply is not sufficient at the time of
building pennit application, development may be postponed until the additional water reservoirs
are operational. Therefore, as conditioned, the proposed mineral springs spa development will
not substantially affect the quantity or quality of surface water, ground water or public water
supply.
9. No sigmficant natural resources, such as non-renewable energy sources, mineral resources, or
prime agricultural lands, exist vdthin the mineral springs spa project area. The potential impacts
to the spring itself have been reviewed in item number 8 above. Grading, constmction, and
occupation of the development will incrementally increase the usage of natural resources through
gasoline, natural gas, and electrical energy consumption. This additional demand is not
considered a significant increase in the usage of any natural resource or substantial amount of fuel
or energy.
10. See nine above.
11. The Carlsbad Mineral Springs Spa project site contains several points of historic interest. The Alt
Karlsbad building, located directly north of the project area, was constmcted in 1965 to celebrate
the location of the John A. Frazier Well, originally dug in 1883. The inineral water in the well
was similar to water found in Karlsbad, Bohemia, and the area was named "Carlsbad". The well
and related equipment are being preserved and will be displayed through this project.
-7-
Considering that no archeological or paieontological sites or objects exist on the site, and all
historic stmctures are being preserved and actually enhanced by the development, no significant
impacts to historic or prehistoric features will occur.
12. The biological diversity of the project site is typical for a dovmtovm, infill site. It is relatively void
of native habitat, being mostly cleared or developed. There are two mature non-native trees that
must be removed for development, however this individual removal is not considered significant.
Therefore, no significant effects will occur to the diversity of species, habitat or numbers of any
species of plants as a result of the mineral springs spa project.
13. The only new species of plants proposed within Carlsbad Mineral Springs Spa development are
those typical domestic plants found in commercial areas. The lack of native habitat in the general
vicinity of the project site eliminates any potential for non-native intmsion into native
communities. Therefore the proposed introduction of new plant species vdll not result in
significant adverse impacts.
14. There are no agricultural or farmland uses on or near the proposed Carlsbad Mineral Springs Spa
site. According to the "Soil Survey, San Diego Area", prepared by the U.S. Department of
Agriculture and the Soil Conservation Service and dated December, 1973, the project area is
covered by Marina loamy coarse sand. This soil is only fair to good for agricultural purposes and
do not represent prime farmland. The inineral springs spa proposal will therefore not significantly
reduce the amount of acreage of any agricultural crop or affect prime, unique or other farmland
of state or local importance.
15. The only animals species vdthin the inineral springs spa area are those typical to vacant, infill and
partially developed lots. Since there are no sigmficant faunal resources on the site, no significant
adverse affects to the diversity of species, habitat, or numbers of any species of animals should
occur.
16. No new species of animals, other than those potentially found in developed residential areas, are
proposed with the Carlsbad Mineral Springs Spa project. Since the surrounding area is already
developed, no issue of non-native harassment of native animals exists. Therefore, the proposal
vdll not significantly introduce new species of animals or result in a barrier to the migration or
movement of animals.
HUMAN ENVIRONMENT:
17. The present land uses on the Carlsbad Mineral Springs Spa include commercial Office, residential,
and the inineral spring well. The site is also designated for these uses. Therefore, no significant
alteration of present or planned land uses is proposed.
18. All public utilities required to support the proposed Carlsbad Mineral Springs Spa development
are already in place and the project is conditioned to pay various Public Facilities Fees, as required
by the City of Carlsbad Growth Management Program and the Local Facilities Management Plan
(LFMP) for Zone 1. Therefore, no substantial effects on public utilities, schools, police, fire,
emergency or other public services should occur.
-8-
19. The sewer infrastmcture serving the mineral springs spa development area is in place and no
impacts to such are anticipated. The solid waste collection is conducted by Coast Waste
Management Inc., through an agreement vdth the City of Carlsbad, and the service expands to
meet the needs of new development. If any hazardous wastes are detected during soils
investigations or constmction operations, the County of San Diego requires testing and proper
removal of the materials. All potentially hazardous substances that are stored on site during
constmction must be maintained in safe containers and are monitored by the Carlsbad Fire
Department. Therefore, the inineral springs spa project will not result in the need for new or
modified sewer systems, solid waste or hazardous waste control systems.
20. A temporary increase in the ambient noise levels will occur during grading and constmction
operations for the Carlsbad Mineral Springs Spa project. As required by the Carlsbad Municipal
Code, no constmction activities can occur between the hours of sunset and 7:00 am on weekdays
and between sunset and 8:00 am on Saturdays. No constmction is allowed on Sundays or
holidays, except by special pennission. The prohibition of constmction-related noise during the
evening and night, and the temporary nature of the constmction operations will keep the noise
levels below a level of significance.
21. There are no new sources of light or glare proposed with the project other than those typical
sources, such as street lights, security Hghting and residential Hghting. Since constmction
operations are limited to daylight hours, no significant sources or Hght of glare should occur due
to constmction operations. Therefore, no significant production of new Hght or glare should occur
as a result of the mineral springs spa project.
22. As discussed in item number 19 above, all hazardous materials are required to be kept in safe
containers and their status is monitored throughout constmction by the Carlsbad Fire Department.
If any hazardous substances are discovered on site, the County of San Diego monitors the safe
removal of these substances. The project therefore does not involve a significant risk of an
explosion or the release of hazardous substances.
23. The Carlsbad Mineral Springs Spa proposal includes an additional dwelling unit. However, this
individual unit does not represent a substantial alteration of the density or human population of
the developed downtovm viUage area.
24. There are no existing residents within the area designated for development of the mineral springs
spa. There is an existing apartment adjacent to the project site, however this vdll remain as
existing. The project does not require any additional housing to accommodate the mineral springs
spa. Considering the above, no significant affect to existing housing or creation of housing
demand will occur due to the Carlsbad Mineral Springs Spa project.
25. The estimated additional traffic generated by the proposed development of the Carlsbad Mineral
Springs Spa would total 78 average daily trips (ADT). Since Carlsbad Boulevard and Christiansen
Way have a maximum traffic capacity of 10,000 ADT and 40,000 ADT respectively, no adverse
impacts on the proposed roadways should occur due to the mineral springs spa development. The
project is also conditioned to comply with aU provisions of the Zone 19 Local Facihties
Management Plan and Growth Management Ordinance. Both of these documents require
circulation facilities to be improved prior to or concunent with development. Therefore, no
significant adverse impacts due to the additional traffic generation ofthe Carlsbad Mineral Springs
Spa should take place.
26. There are no existing paridng facihties within the project site. All demand for additional parking
will be provided concurrent vdth development, as required by the Carlsbad Municipal Code and
the ViUage Design Manual. Therefore, the proposed project wiU not affect existing parking
faciUties or create a large demand for new parking.
27. Since aU constmction activities vdll be confined to the project site, no effect to the adjacent
roadways should occur. The site is not used for any circulation of people or goods. Therefore,
the Carlsbad Mineral Springs Spa proposal will not adversely impact transportation systems or
significantly alter present pattems of circulation or movement of people and/or goods.
28. No waterbome, rail or air traffic use the Carlsbad Mineral Springs Spa site directly. The closest
rail Hne is the North County transit District Une, approximately 500 feet to the east. The project
site is many miles from McCleUan-Palomar Airport and no significant amount of overflight should
occur. Therefore, the proposal will not significantly alter waterbome, rail or air traffic.
29. The grading and constmction of the Carlsbad Mineral Springs Spa development is confined to the
existing undeveloped portions of the site and no significant operations are needed vdthin existing
traffic routes. Any operations involving any dismption of traffic flow requires a traffic control
plan to be approved by the City Engineer. Therefore, the inineral springs spa project wiU not
significantly increase traffic hazards to motor vehicles, bicyclists or pedestrians.
30. The Carlsbad Mineral Springs Spa site is not included as a part of any City-vdde or local
emergency response or evacuation plans. An all-weather emergency access is required to
maintained throughout grading and constmction and aU emergency response or evacuation needs
are monitored by the Carlsbad Fire Department. The proposal vdll therefore not adversely
interfere with emergency response plans or emergency evacuation plans.
31. No scenic vistas exist in or around the relatively flat, infiU site. The proposed European
architecture is in keeping with the Village theme. Therefore, the proposed Carlsbad Mineral
Springs Spa will not obstmct any scenic vista or create an aesthetically offensive pubUc view.
32. No recreational opportunities cunently exist within the Carlsbad Mineral Springs Spa development
area. The single dwelling unit proposed vdU produce a demand of approximately 0.007 acres of
park facilities. The existing park supply within the Northwest quadrant can easily accommodate
this demand. The inineral springs spa project will therefore not adversely affect the quality or
quantity of existing recreational opportunities.
33. As discussed in the preceding text, the proposed mineral springs spa project does not have the
potential to substantially degrade the quality of the environment, substantially reduce the habitat
of a fish or wildlife population to drop below self-sustaining levels, threaten to eHminate a plant
of animal community, reduce the number or restrict the range of a rare or endangered plant or
animal, or eliminate important examples of the major periods of CaHfomia history or prehistory.
The site for the proposed development is cleared and the project is merely an infiU development.
-10-
The historical nature of the project allows it to celebrate examples of local history and no adverse
effects on examples of Califomia history vdU occur.
34. Some short-term impacts will result from the project, as detailed above, however these are
insignificant. No long-term environmental impacts should occur and all long-term facility impacts
are monitored and compensated by the administration of the City Grov\^h Management Program.
The Carlsbad Mineral Spring Spa proposal does not have the potential to achieve short-term, to
the disadvantage of long-term environmental goals.
35. As detailed above, the proposed Carlsbad Mineral Springs Spa development is consistent with the
appUcable Local FaciUties Management Plan, and other previously approved planning documents.
No potentially significant impacts wiU occur and conformance with area-wide planning documents
precludes cumulative impacts. The mineral springs spa project does not have possible
environmental effects which are individually Hmited but cumulatively considerable.
36. All human related impacts are insignificant. As discussed in items 17 through 32 above, no
substantial adverse effects on human beings, either direct or indirect, are expected to occur.
-11-
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, and
g) no project altemative.
a) The project involves the grading and constmction of two adjoining and interdependent buildings.
Phasing the project would leave the site partially developed, resulting in a safety hazard which
offers no environmental advantages.
b) Since the project is an infill development, altemate site designs do not offer a wide range of
environmental effects. The site has been designed to be sensitive to the site and surroundings and
altemate designs do not lessen the potential, insignificant impacts.
c) The scale of the development is in keeping with all existing approvals, including the Carlsbad
General Plan, the Zone 1 Local FacUities Management Plan, and the appUcable Local Coastal
Programs. A reduction of the scale of development could result in less compatibiUty with adjacent
development. An altemate scale of development would not provide a viable, environmentally
preferable project.
d) All related planning documents call for a commercial development catering to tourist oriented
business. Altemate uses of the site would be in conflict with all planning documents and would
not increase the environmental sensitivity of the project.
e) The postponement of development does not necessarily offer environmental advantages. The site
is cunently vacant and, since it is in an area designated for redevelopment, the site should be
developed to encourage business activity. Postponement of development would likely reduce the
economic growth of the area.
f) The Carlsbad Mineral Springs Spa is specifically designed for the existing mineral springs on the
site. Relocation of the project outside of the mineral springs site is neither logical nor necessary.
g) Since the Carlsbad Mineral Springs Spa project area is planned for development in the Carlsbad
General Plan, the Zone 1 Local FacUities Management Plan, the Village Design Manual, and the
applicable Local Coastal Programs, the no project altemative would not be in conformance with
these documents. The no project altemative would not produce any environmental advantages.
•12-
DETERMINATION (To Be Completed By The Planning Department)
On the basis of this initial evaluation:
_X I find 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 prepared.
I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL
IMPACT REPORT is required.
7J-9¥ -//M
Date ^5'//^Planmns/l)irector
MG:vd
LIST MITIGATING MEASURES (IF APPLICABLE)
•13-
APPLICANT CONCURRENCE WITH MITIGATING MEASURES
THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES
AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT.
Date Signature
•14-
SITE«|
BEECH AVE
CHRISTIANSEN WAY
GRAND AVE
VILLAGE DRIVE
? r
/
City gf Ciiisbad
CARLSBAD MINERAL SPRINGS SPA RP 94-03/
CDP 94-04
STATE OF CALIFORNIA PETE WILSON, Governor
GOVERNOR'S OFFICE OF PLANNING AND RESEARCH
1400 TENTH STREET
SACRAMENTO, CA 95814
August 10, 1994
MIKE GRIM
CITY OF CARLSBAD
2075 LAS PALMAS DRIVE
CARLSBAD, CA 92009
Subject: CARLSBAD MINERAL SPRINGS SPA - RP 94-03/CDP 94-04 SCH #:
94071018
Dear MIKE GRIM:
The State Clearinghouse submitted the above named environmental
document to selected state agencies for review. The review period
is closed and none of the state agencies have coinments. This
letter acknowledges that you have complied with the State
Clearinghouse review requirements for draft environmental
documents, pursuant to the California Environmental Quality Act.
Please call Mark Goss at (916) 445-0613 if you have any (questions
regarding the environmental review process. When contacting the
Clearinghouse in this matter, please use the eight-digit State
Clearinghouse number so that we may respond promptly.
Sincerely,
i I r \ n
\ I'. \r
Michael Chiriatti^; Jr. \
Chief, State Clearinghouse
' NOTICE OP COMPLETION
Mail to: State Clearinghouse, 1400 Tenth Street, 1, Sacramento, CA 95814 - 916/445-0613
Project Titlt; Carlsbad Minral Springs Spa - RP 94-03/CDP 94-OA
Lead Agency: Citv of Cartsbad Contact Person: Mike Grim
Street Addreaa: 2075 laa Patwaa Drive Phone: (619) 438-1161
City: Carlsbad Zip: 92009 County: San Dieao
SM MOTE Below:
SCH «
9407 10 1 8
PROJECT LOCATIOH:
County: San Dieoo City/Nearest Conmunity: Carlsbad
Cross Streets: Carlsbad Blvd. t Christiansen Wav
Assessor's Parcel Mo. 203-173-01 Section:
Within 2 Mites: State Hwy «: J_:5
Totat Acres:
Twp. Range:
Waterways: Buena Vista Laaoon
Airports: Palomar Railways: ATStF Schools: Carlsbad USD
DOCUCMT TTPE
NOP
Earty Cons
Neg Dec
Draft EIR
Suppl ement/Subsequent
EIR (Prior SCH No.) _
Other
NEPA: NOt
EA
Draft EIS
OTNER: Joint Ooctment
Final Document
Other
LOCAL ACTION TYPE
General Plan Update
General Plan Amendnent
General Plan Etement
Comnunity Plan
Specific Plan
, Master Plan
. Planned Unit Devetopment
Site Plan
Rezone RTATF
.Prezon. ' : r, FARiliO HODSPT;
, Use Penait _X_
. Land Division (Subdiviaion,
Parcel Map, Tract Map, etc.)
Annexation
Redevelopment
Coastal Permit
Other
DEVELOPMENT TTPE
Residential:
_Office:
CofflMrciat:
IncKistriat:
Educational
Recreational
Units 1
Sq. Ft. 300
Sq. Ft. 2.800 Acres
Sq. Ft. Acrea
, Acres 1.3
Acrea Employeca
Employees
Employees
Water Facilities:
Transportation:
Mining:
Power:
Uaate Treatment:
Hazardous Waste:
Other:
Typ« _
Typ« _
Mineral
Type _
Type
Type
PROJECT ISSUES DISCUSSED IN DOCUMENT
J( Aesthetic/Visual
Agricultural Land
Air Ouaiity
J( Archaeological/Historical
X Coastal Zona J<_
Drainage/Absorption J(_
Economic/Joba J<_
Fiscal X
Ftood Plain/Flooding
Forest Land/Fire Hazard
Geologic/Seismic
Minerals
Noisa
Population/Houaing Balance
Public Services/Facilities
Recreation/Parks
Schools/Universities
Septic Systems
J( Sewer Capacity
J( Soil Eroaion/Coapaction/Grading
SoUd Waste
Toxic/Hazardous
X Traffic/Circulation
Vegatation
Water Quality
Water Supply/
Ground Water
Wetland/Riparian
Wildlife
Growth Inducing
Landuse
Cuaulative Effect
Other
Pretant Land Usa/Zaning/Ganeral Plan Ua*
Vacant • V-R - CBO.
Project Dascription
A Major Redevelopment Permit and Coastal Development Permit to allow the construction and operation
of a 3,500 square foot mineral springs spa, office and resid*ni;ial apartment on an infill, pregraded
site in th* villain Redevelopment Area.
CLEARINGHOUSE CXMITACT: MARK GOSS
(916) 445-0613
STATE RJEVIEW BEGAN: ^ - { I -
DEPT REV TO AGENCY: _8_-_3,
AGENCY REV TO SCH I S-S
SCH COMPLIANCE j S - }0
PUASf HOT! gq MPMBIK OW ALL onioaiy^ff
rOUHMP LATI cnKmirrs PTmnTY
la-TB IMM hammer 9in,y
AQMD/APCD: /^?- (Rm«ource«j_7 / l^ )
CKT SNT
»—ourc—
Boating
Coasf 1 Cowi
^Coaatal Conav
Colorado Rvr Id
' ' Conaarvatlon
* riah & G»mm
^roraatry
• IT Parka « Rac/OHP
^Raclanatlon
BCDC
^DHR
Bus Traaqp Boua
^Aaronautlca
CHP
—* Caltrana # I I
^Trana Planning
_ • Houalng « Daval
^•Mlth fi Walfara
^Drinking R20
Radical Waata
CMT SHT
Stata/OoaauMr STca
^Ganarai Sarvicaa
^OLA <Schoola)
Cal/BPA
^ARB
CA Haata Ngnt Bd
SWRCB:—Granta
SWRCB t—Dalta
SWRCBt—Wtr Quality
SWRCB J—Wtr Righta
" '* Rag. WQCB
IDTSC/CTC
Yth/Adlt Corractlona
Corractlona
Indapandant COM
Enargy Coam
^NAHC
PUC
Santa Mn Mtna
• •• Stata Landa Coaaa
^Tahoa Rgl Plan
OtharI
' Mnt W lead / . Ky
NOTICB OF COMPLETION
Mail to: State Clearinghouse, UOO Te^^Pstreet, Rm. 121, Sacramento, CA 95814 - 911
-^^CH 7/^i9/
i-0613
Project Title: Carlsbad Mineral Springs Soa - RP 94-03/CDP 94-OA
Lead Agency: Citv of Carlsbad Contact Person: Mike Grim
Street Address: 2075 Las Palmas Drive Phone: (619) 438-1161
City:- Carlsbad Zip: 92009 County: San Diego
See NOTE Below:
SCH f
PROJECT LOCATION:
County: San Diego City/Nearest Conmunity: Carlsbad
Cross Streets: Carlsbad Blvd. & Christiansen Way
Assessor's Parcel No. 203-173-01 Section:
Within 2 Miles: State Hwy #: JLJ
Total Acres:
Twp.
1.3
Range:
Waterways: Buena Vista Lagoon
Airports: Palomar Railways: ATS&F
Base:
Schools: Carlsbad USD
DOCUMENT TYPE
CEQA: NOP
Early Cons
Neg Dec
Draft EIR
SL^I ement/Subsequent
EIR (Prior SCH No.) _
Other
NEPA: NOI
EA
Draft EIS
FONSI
OTHER: Joint DocLJnent
Final Document
Other
LOCAL ACTION TYPE
General Plan Update
General Plan Amendment
General Plan Element
Conmunity Plan
Specific Plan
Master Plan
Planned Unit Development
Site Plan
Rezone
Prezone
Use Pennit
Land Division (Siixlivision,
Parcel Map, Tract Map, etc.)
Annexation
Redevelopment
Coastal Permit
Other
DEVELOPMENT TYPE
Residential:
_Office:
Conmercial:
Industrial:
Educational
Recreational
Units ,
Sq. Ft.'
Sq. Ft.
Sq. Ft.
300
2.800
_ Acres
Acres
Acres
Acres
1.3
Employees
Enployees
Employees
Water Facilities:
Transportation:
Mining:
Power:
Waste Treatment:
Hazardous Waste:
Other:
Type
Type
Mineral
Type
Type
Type
MGD
Watts
PROJECT ISSUES DISCUSSED IN OOCUMENT
J< Aesthetic/Visual
Agricultural Land
Air Quality
J< Archaeological/Historical
J< Coastal Zone _X_
Drainage/Absorption J<_
Economic/Jobs _X_
Fiscal X
Flood Plain/Flooding
Forest Land/Fire Hazard
Geologic/Seismic
Minerals
Noise
Population/Housing Balance
Public Services/Facilities
Recreation/Parks
Schools/Universities
Septic Systems
_X Sewer Capacity
_X Soil Erosion/Compaction/Grading
Solid Waste
Toxic/Hazardous
J( Traffic/Circulation
Vegetation
Water Quality
Water Supply/
Ground Water
Wetland/Riparian
Wildlife
Growth Inducing
Landuse
Cumulative Effect
Other
Present Land Use/Zontng/General Plan Use
Vacant - V-R - CBO.
Project Description
A Major Redevelopment Permit and Coastal Developinent Permit to allow the construction and operation
of a 3,500 square foot mineral springs spa, office and residential apartinent on an infill, pregraded
site in the Village Redevelopment Area.
NOTE: Clearinghouse will assign identification numbers for all new projects,
from a Notice of Preparation or previous draft document) please fill it in.
MG:vd
If a SCH number already exists for a project (e.g.
Revised October 1989
City of Carlsbad
Planning Department
NEGATIVE DECLARATION
PROJECT ADDRESS/LOCATION: The southeast comer of Carlsbad Boulevard and
Christiansen Way, City of Carlsbad, County of San
Diego.
PROJECT DESCRIPTION: A Major Redevelopment Permit and Coastal Development
Permit to allow the construction and operation of a 3,500
square foot mineral springs spa, office and residential
apartment on an infill, pregraded site in the Village
Redevelopment Area.
The City of Carlsbad has conducted an environmental review of the above described project
pursuant to the Guidelines for Implementation of the Califomia Environmental Quality Act
and the Environmental Protection Ordinance of the City of Carlsbad. As a resiilt of said
review, a Negative Declaration (declaration that the project will not have a significant
impact on the environment) is hereby issued for the subject project. Justification for this
action is on file in the Planning Department.
A copy of the Negative Declaration with supportive docimients is on file in the Planning
Department, 2075 Las Palmas Drive, Carlsbad, Califomia 92009. Comments from the
public are invited. Please submit comments in writing to the Planning Department within
30 days of date of issuance. If you have any questions, please call Mike Grim in the
Planning Department at (619) 438-1161, extension 4499.
DATED:
CASE NO:
CASE NAME:
JULY 6, 1994
RP 94-03/CDP 94-04 ^ ^Pl
CARLSBAD MINERAL SPRINGS SPA
J. HOLZ^LLER
lg Director
PUBLISH DATE: JULY 6, 1994
MG: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)
BACKGROUND
1. CASE NAME: Carlsbad Mineral Springs Spa
CASE NO. RP 94-03/CDP 94-04
DATE: June 17. 1994
2. APPLICANT: Christiansen and Grigoras
3. ADDRESS AND PHONE NUMBER OF APPLICANT: 2802 Carlsbad Boulevard
CARLSBAD. CA 92008
(619) 729-0110
4. DATE EL\ FORM PART I SUBMITTED: April 8. 1994
5. PROJECT DESCRIPTION: A Maior Redevelopment Permit and Coastal Development Permit
to allow the constmction and operation of a 3.500 square foot mineral springs spa, office and
residential apartment on an infill site in the Village Redevelopment Area.
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 8 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 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.
A discussion of potential impacts and the proposed mitigation measures appears at the end ofthe 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 DIRECTLY OR INDIRECTLY: YES YES NO
(sig) (insig)
1. Result in unstable earth conditions or
increase the exposure of people or property
to geologic hazards? . X
2. Appreciably change the topography or any
unique physical features? X
3. Result in or be affected by erosion of soils
either on or off the site? X
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? X
5. Result in substantial adverse effects on
ambient air quality? _JL
6. Result in substantial changes in air
movement, odor, moisture, or temperature? X
7. Substantially change the course or flow of
water (marine, fresh or flood waters)? X
8. Affect the quantity or quality of surface
water, ground water or public water supply? _X,
9. Substantially increase usage or cause
depletion of any natiiral resources? X
10. Use substantial amounts of fuel or energy? _2(.
11. Alter a significant archeological,
paieontological or historical site,
stmcture or object? 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, shmbs, grass, microflora and aquatic
plants)?
15. Affect the diversity of species, habitat
or numbers 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?
13. Introduce new species of plants into an area,
or a barrier to the normal replenishment of
existing species? _X.
14. Reduce the amount of acreage of any
agricultural crop or affect prime, unique
or other farmland of state or local
importance?
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
30. Interfere with emergency response plans or
emergency evacuation plans?
31. Obstmct 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? ^C.
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?
29. Increase traffic hazards to motor
vehicles, bicyclists or pedestrians? X
-4-
MANDATORY FINDINGS OF SIGNIHCANCE
WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES NO
(sig) (insig)
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. X
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 current projects, and
the effects of probable ftiture projects.)
36. Does the project have environmental
effects which will cause substantial
adverse effects on human beings,
either directly or indirectly? _JC_
-5-
DISCUSSION OF ENVIRONMENTAL EVALUATION
The proposed Carlsbad Mineral Springs Spa involves the constmction of two adjoining buildings on a
downtown, infill lot and the installation and operation of a mineral springs spa, feeding off of the existing
mineral spring on the site. The buildings will total approximately 3,500 square feet and will house the spa
facility, offices, and a one-bedroom apartment. The project site lies on a gentle east-facing slope, mostly clear
of vegetation. The site is surrounded by development on three sides and currently has water, sewer, and
power service. Based upon field investigations, staff determined that no unique or significant features exist
within the project area and no environmental impacts should result from the proposed mineral springs spa
development.
PHYSICAL ENVIRONMENT:
1. The Carlsbad Mineral Springs Spa site is a gently sloping site located amongst developed
properties. The proposed buildings and spa uses will not require any grading other than site
preparation. The existing mineral spring is reinforced and stable. Therefore, the proposed
mineral springs spa will not result in unstable earth conditions nor increase the exposure of people
or property to geologic hazards, either within the project or on adjoining properties.
2. The topographic trend of a gently sloping site will remain, however most of the site will be
covered by buildings. No unique physical features exist on the surface of the infill, partially
developed site and the existing mineral spring well will be preserved. Therefore the proposed
development will not appreciably change the topography or any unique physical feature.
3. All projects within the Coastal Zone are required to maintain effective soil erosion controls and
are restricted from grading during "rainy season" (October 1 through April 15). In addition,
erosion control measures such as slope landscaping and protective devices are required by Chapter
11 of the Carlsbad Municipal Code, City of Carlsbad Engineering Standards, and the City of
Carlsbad Landscape Manual. No grading of earth will be allowed until the grading plans show
adequate erosion control measures to preclude the erosion of soils either on or off the site.
4. No recent beach sands, river or stream channels, oceans, bays, inlets or lakes exist within the
mineral springs spa development area. The site drains through sheet slow to the east and no
organized drainage courses exist on the site. The Pacific Ocean is located approximately 1,200
feet to the west, however no modification to the ocean or shoreline is proposed with this
development.
5. Grading ard constmction of the Carlsbad Mineral Springs Spa development will cause increased
aerosol emissions in the form of dust and engine exhaust. Occupation of the spa/office/apartment
project will result in an increase of approximately 78 average daily trips, which will incrementally
add to the existing mobile source emissions. Constmction and occupation of the project area will
also increase the gas and electric power consumption, which will also incrementally contribute
to air pollution emissions. However, given the regional nature of air quality, and the programs
in the San Diego Basin Air Quality Plan, the potential air quality impacts are lessened to the
greatest extent possible.
-6-
J. The conversion of surfaces within mineral springs spa site from the currently undeveloped state
to a developed, mostly impermeable state will result in changes in various climatological indices
(such as convective and advective air movement, surface moisture and temperature). The level
of influence is on the level of microclimatic changes and will not result in significant or substantial
changes in the surface and air energy and moisture exchanges. No odor sources are proposed
with the mineral springs spa development and the excess gases from the mineral springs pumping
will be gathered and directed outside of the spa building. Therefore no substantial changes to
odor levels should result.
7. The closest marine water source (the Pacific Ocean) is approximately one quarter mile away from
the project area and no alterations to its normal cycles are expected. No existing fresh or flood
water course exists on the site. Therefore, the proposed mineral springs spa project will not
substantially change the course or flow of marine, fresh, or flood waters.
8. No surface waters exist within the mineral springs spa site. Groundwater sources in the form of
mineral springs are relatively abundant, hence the location of the historic well and spring. The
spring has been reviewed and approved by the County of San Diego Health Department for
stmctural stability and water quality and no significant impacts to such are anticipated.
Grading and constmction of the mineral springs spa project will incrementally reduce the public
water supply, mostly for dust prevention. Occupation of the development will cause a need for
approximately 1,000 gallons per day. The project will be conditioned such that no building
permits be issued unless the Carlsbad Municipal Water District determines that adequate water
and service is available at the time of application for water service and will continue to be
available until the time of occupancy. If the existing water supply is not sufficient at the time of
building pennit application, development may be postponed until the additional water reservoirs
are operational. Therefore, as conditioned, the proposed mineral springs spa development will
not substantially affect the quantity or quality- of surface water, ground water or public water
supply.
9. No significant natural resources, such as non-renewable energy sources, mineral resources, or
prime agricultural lands, exist within the mineral springs spa project area. The potential impacts
to the spring itself have been reviewed in item number 8 above. Grading, constmction, and
occupation of the development will incrementally increase the usage of natural resources through
gasoline, natural gas, and electrical energy consumption. This additional demand is not
considered a significant increase in the usage of any natural resource or substantial amoimt of fuel
or energy.
10. See nine above.
11. The Carlsbad Mineral Springs Spa project site contains several points of historic interest. The Alt
Karlsbad building, located directly north of the project area, was constmcted in 1965 to celebrate
the location of the John A. Frazier Well, originally dug in 1883. The mineral water in the well
was similar to water found in Karlsbad, Bohemia, and the area was named "Carlsbad". The well
and related equipment are being preserved and will be displayed through this project.
-7-
y Considering that no archeological or paieontological sites or objects exist on the site, and ail
historic stmctures are being preserved and actually enhanced by the development, no significant
impacts to historic or prehistoric features will occur.
12. The biological diversity of the project site is typical for a downtown, infill site. It is relatively void
of native habitat, being mostly cleared or developed. There are two mature non-native trees that
must be removed for development, however this individual removal is not considered significant.
Therefore, no significant effects will occur to the diversity of species, habitat or numbers of any
species of plants as a result of the mineral springs spa project.
13. The only new species of plants proposed within Carlsbad Mineral Springs Spa development are
those typical domestic plants found in commercial areas. The lack of native habitat in the general
vicinity of the project site eliminates any potential for non-native intmsion into native
communities. Therefore the proposed introduction of new plant species will not result in
significant adverse impacts.
14. There are no agricultural or farmland uses on or near the proposed Carlsbad Mineral Springs Spa
site. According to the "Soil Survey, San Diego Area", prepared by the U.S. Department of
Agriculture and the Soil Conservation Service and dated December, 1973, the project area is
covered by Marina loamy coarse sand. This soil is only fair to good for agricultural purposes and
do not represent prime farmland. The mineral springs spa proposal will therefore not significantly
reduce the amount of acreage of any agricultural crop or affect prime, unique or other farmland
of state or local importance.
15. The only animals species within the mineral springs spa area are those typical to vacant, infill and
partially developed lots. Since there are no significant faunal resources on the site, no significant
adverse affects to the diversity of species, habitat, or numbers of any species of animals should
occur.
16. No new species of animals, other than those potentially found in developed residential areas, are
proposed with the Carlsbad Mineral Springs Spa project. Since the surrounding area is already
developed, no issue of non-native harassment of native animals exists. Therefore, the proposal
will not significantly introduce new species of animals or result in a barrier to the migration or
movement of animals.
HUMAN ENVIRONMENT:
17. The present land uses on the Carlsbad Mineral Springs Spa include commercial Office, residential,
and the mineral spring well. The site is also designated for these uses. Therefore, no significant
alteration of present or planned land uses is proposed.
18. All public utilities required to support the proposed Carlsbad Mineral Springs Spa development
are already in place and the project is conditioned to pay various Public Facilities Fees, as required
by the City of Carlsbad Growth Management Program and the Local Facilities Management Plan
(LFMP) for Zone 1. Therefore, no substantial effects on public utilities, schools, police, fire,
emergency or other public services should occur.
-8-
The sewer infrastmcture serving the mineral springs spa development area is in place and no
impacts to such are anticipated. The solid waste collection is conducted by Coast Waste
Management Inc., through an agreement with the City of Carlsbad, and the service expands to
meet the needs of new development. If any hazardous wastes are detected during soils
investigations or constmction operations, the County of San Diego requires testing and proper
removal of the materials. All potentially hazardous substances that are stored on site during
constmction must be maintained in safe containers and are monitored by the Carlsbad Fire
Department. Therefore, the mineral springs spa project will not result in the need for new or
modified sewer systems, solid waste or hazardous waste control systems.
20. A temporary increase in the ambient noise levels will occur during grading and constmction
operations for the Carlsbad Mineral Springs Spa project. As required by the Carlsbad Municipal
Code, no constmction activities can occur between the hours of sunset and 7:00 am on weekdays
and between sunset and 8:00 am on Saturdays. No constmction is allowed on Sundays or
holidays, except by special permission. The prohibition of constmction-related noise during the
evening and night, and the temporary nature of the constmction operations will keep the noise
levels below a level of significance.
21. There are no new sources of light or glare proposed with the project other than those typical
sources, such as street lights, security lighting and residential lighting. Since constmction
operations are limited to daylight hours, no significant sources or light of glare should occur due
to constmction operations. Therefore, no significant production of new light or glare should occur
as a result of the mineral springs spa project.
22. As discussed in item number 19 above, all hazardous materials are required to be kept in safe
containers and their status is monitored throughout constmction by the Carlsbad Fire Department.
If any hazardous substances are discovered on site, the County of San Diego monitors the safe
removal of these substances. The project therefore does not involve a significant risk of an
explosion or the release of hazardous substances.
23. The Carlsbad Mineral Springs Spa proposal includes an additional dwelling unit. However, this
individual unit does not represent a substantial alteration of the density or human population of
the developed downtown village area.
24. There are no existing residents within the area designated for development of the mineral springs
spa. There is an existing apartment adjacent to the project site, however this will remain as
existing. The project does not require any additional housing to accommodate the mineral springs
spa. Considering the above, no significant affect to existing housing or creation of housing
demand will occur due to the Carlsbad Mineral Springs Spa project.
25. The estimated additional traffic generated by the proposed development of the Carlsbad Mineral
Springs Spa would total 78 average daily trips (ADT). Since Carlsbad Boulevard and Christiansen
Way have a maximum traffic capacity of 10,000 ADT and 40,000 ADT respectively, no adverse
impacts on the proposed roadways should occur due to the mineral springs spa development. The
project is also conditioned to comply with all provisions of the Zone 19 Local Facilities
Management. Plan and Growth Management Ordinance. Both of these documents require
circulation facilities to be improved prior to or concurrent with development. Therefore, no
I significant adverse impacts due to the additional traffic generation of the Carlsbad Mineral Springs
Spa should take place.
26. There are no existing parking facilities within the project site. All demand for additional parking
will be provided concurrent with development, as required by the Carlsbad Municipal Code and
the Village Design Manual. Therefore, the proposed project will not affect existing parking
facilities or create a large demand for new parking.
27. Since all constmction activities will be confined to the project site, no effect to the adjacent
roadways should occur. The site is not used for any circulation of people or goods. Therefore,
the Carlsbad Mineral Springs Spa proposal will not adversely impact transportation systems or
significantly alter present pattems of circulation or movement of people and/or goods.
28. No waterbome, rail or air traffic use the Carlsbad Mineral Springs Spa site directly. The closest
rail line is the North County transit District line, approximately 500 feet to the east. The project
site is many miles from McClellan-Palomar Airport and no significant amount of overflight should
occur. Therefore, the proposal will not significantly alter waterbome, rail or air traffic.
29. The grading and constmction of the Carlsbad Mineral Springs Spa development is confined to the
existing undeveloped portions of the site and no significant operations are needed within existirig
traffic routes. Any operations involving any dismption of traffic flow requires a traffic control
plan to be approved by the City Engineer. Therefore, the mineral springs spa project will not
significantly increase traffic hazards to motor vehicles, bicyclists or pedestrians.
30. The Carlsbad Mineral Springs Spa site is not included as a part of any City-wide or local
emergency response or evacuation plans. An all-weather emergency access is required to
maintained throughout grading and constmction and all emergency response or evacuation needs
are monitored by the Carlsbad Fire Department. The proposal will therefore not adversely
interfere with emergency response plans or emergency evacuation plans.
31. No scenic vistas exist in or around the relatively flat, infill site. The proposed European
architecture is in keeping with the Village theme. Therefore, the proposed Carlsbad Mineral
Springs Spa will not obstmct any scenic vista or create an aesthetically offensive public view.
32. No recreational opportunities currently exist within the Carlsbad Mineral Springs Spa development
area. The single dwelling unit proposed will produce a demand of approximately 0.007 acres of
park facilities. The existing park supply within the Northwest quadrant can easily accommodate
this demand. The mineral springs spa project will therefore not adversely affect the quality or
quantity of existing recreational opportimities.
33. As discussed in the preceding text, the proposed mineral springs spa project does not have the
potential to substantially degrade the quality of the environment, substantially reduce the habitat
of a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant
of animal community, reduce the number or restrict the range of a rare or endangered plant or
animal, or eliminate important examples of the major periods of Califomia history or prehistory.
The site for the proposed development is cleared and the project is merely an infill development.
•10-
The historical nature of the project allows it to celebrate examples of local history and no adverse
effects on examples of Califomia history will occur.
34. Some short-term impacts will result from the project, as detailed above, however these are
insignificant. No long-term environmental impacts should occur and all long-term facility impacts
are monitored and compensated by the administration of the City Growth Management Program.
The Carlsbad Mineral Spring Spa proposal does not have the potential to achieve short-term, to
the disadvantage of long-term environmental goals.
35. As detailed above, the proposed Carlsbad Mineral Springs Spa development is consistent with the
applicable Local Facilities Management Plan, and other previously approved planning documents.
No potentially significant impacts will occur and conformance with area-wide planning documents
precludes cumulative impacts. The mineral springs spa project does not have possible
environmental effects which are individually limited but cumulatively considerable.
36. All human related impacts are insignificant. As discussed in items 17 through 32 above, no
substantial adverse effects on human beings, either direct or indirect, are expected to occur.
-11
lANALYSIS 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, and
g) no project altemative.
a) The project involves the grading and constmction of two adjoining and interdependent buildings.
Phasing the project would leave the site partially developed, resulting in a safety hazard which
offers no environmental advantages.
b) Since the project is an infill development, altemate site designs do not offer a wide range of
environmental effects. The site has been designed to be sensitive to the site and surroundings and
altemate designs do not lessen the potential, insignificant impacts.
c) The scale of the development is in keeping with all existing approvals, including the Carlsbad
General Plan, the Zone 1 Local Facilities Management Plan, and the applicable Local Coastal
Programs. A reduction of the scale of development could result in less compatibility with adjacent
development. An altemate scale of development would not provide a viable, environmentally
preferable project.
d) All related planning documents call for a commercial development catering to tourist oriented
business. Altemate uses of the site would be in conflict with all planning documents and would
not increase the environmental sensitivity of the project.
e) The postponement of development does not necessarily offer environmental advantages. The site
is currently vacant and, since it is in an area designated for redevelopment, the site should be
developed to encourage business activity. Postponement of development would likely reduce the
economic growth of the area.
f) The Carlsbad Mineral Springs Spa is specifically designed for the existing mineral springs on the
site. Relocation of the project outside of the mineral springs site is neither logical nor necessary.
g) Since the Carlsbad Mineral Springs Spa project area is planned for development in the Carlsbad
General Plan, the Zone 1 Local Facilities Management Plan, the Village Design Manual, and the
applicable Local Coastal Programs, the no project altemative would not be in conformance with
these documents. The no project altemative would not produce any environmental advantages.
•12-
ETERMINATION (To Be Completed By The Planning Department)
On the basis of this initial evaluation:
X I find the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE
DECLARATION will 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 prepared.
I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL
IMPACT REPORT is required.
2' 3ok^
)ate
Date
MG:vd
LIST MITIGATING MEASURES (IF APPLICABLE)
-13-
APPLICANT CONCURRENCE WITH MITIGATING MEASURES
THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES
AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT.
Date Signature
•14-
-rrn n
CitY of Cirijlii
CARLSBAD MINERAL SPRINGS SPA RP 94-03/
CDP 94-04
CASE NO.
DATE:
ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART I
(To be CompIete(J by APPLICANT)
Applicant: C/^r/^'//censer/^ J^/iLr/nc?//(p/?£i/
Address of Applicant:
Phone Number: {Gl9\ 7J^9-/P//^ or 909 73^-9^3/
Name, address and phone number of person t()^be contacted (if other than
Applicant): /t^*/ C/7r/-sAr/c?/u^<z/o ^/^t<3/ /^^ta/i^/A /y/y^€>r^^
GENERAL INFORMATION: (Please be specific)
Project Description: Mtncral iA>'a^<Lr .^j::^ ciinA y^^s-j^^a^^rs
Project Location/Address: Z!(OZ CnA.rUaci Blurj .Cl^Lj^^clj CA CjlS.O^
Assessor Parcel Number: 203 -^nS-Q I -
General Plan/Zone of Subject Property: I
Local Facilities Management Zone: f^(l(/.\ir\o|ot^c^.i^-fc
Is the site within Carlsbad's Coastal Zone?
Please describe the area surrounding the site to the
North: ^ra^xJ /l^^ East: CaAsLa:^ SIJJ
South: Clins'L]Qins(^i/^ \XJciJ West: lA/asliiinchc \n Y West: \A/oshKv\^
List all other applicable permits & approvals related to this project
(Please be Specifil^ Attach Additional Pages or ExWBits/ if necessarv)
1. 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.
2. Please describe energy conservation measures incorporated into the design
and/or operation of the project.^
io(p uS(/yl -irt:^ /7reioy^i"^ r^a^d^ral ujcrL(cr*^r.s.jDCi .
3. 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
b. If a commercial project, indicate the exact type, activity(ies),
square footage of sales area, average daily traffic generation
(latest SANDAG rates), parking provided, and loading facil ities. ^ .
M;»^<^mliK^tcr dvsd nna^saoc^^.Total 3frOO S^^pct
«/i/' jorvi/klciclanj loodiiAO ^CilM\<cS.
c. If an iiidustrial project, indicate the exacr type or industry(ies),
average daily traffic generation (latest SANDAG rates), estimated
employment per shift, time of shifts, and loading facilities.
d. 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? A,
EXPLANATION:
2) Could the activity affect the use of a recreational
area, or area of aesthetic value? y\
EXPLANATION:
3) Could the activity affect the functioning of an
established community or neighborhood? x\
EXPLANATION:
4) Could the activity result in the displacement of
community residents? ^K.
EXPLANATION:
YES NO
5) Could the activity increase the number of low and
moderate cost housing units in the city?
EXPLANATION:
6) Could the activity significantly affect existing
housing or create a demand for additional housing? y<i^
EXPLANATION:
7) Are any of the natural or man-made features in the
activity area unique, that is, not found in other
parts of the county, state or nation?
EXPLANATION: Iri'iAoTiCQl min<?^r<a/ i^ahcr^privnyJe.-^
lare:rJ /w^ Ciiij ni^A S^li-<^ as liir^O r/g€?/^/i:<?^ ffA: J
/ iAi/i\-<ir OuJ^-l: j^Aj^i^g. niAyu/Agfg: t./> v^a\iiOv\.
X
C
8) Could the activity significantly affect an
historical or archaeological site or its settings?
EXPLANATION:
9) Could the activity significantly affect the
potential use, extraction, or conservation of a
scarce natural resource?
EXPLANATION:
YES NO
10) Could the activity significantly affect fish,
wildlife or plant resources? y\
EXPLANATION:
11) Are there any rare or endangered plant or animal
species in the activity area?
EXPLANATION:
12) Could the activity change existing features of any
of the city's stream, lagoons, bays, tidelands
or beaches? P<i
EXPLANATION:
13) Could the activity result in the erosion or elimin-
ation of agricultural lands?
EXPLANATION:
14) Could the activity serve to encourage development
of presently undeveloped areas or intensify develop-
ment of already developed areas? x\
EXPLANATION: Keg^^^ta'**^ G-f-tL't.T jnlrl'DricaLf^rn^
iA/tll Lny^^ -ho -fL'iSarz h/xorc inair'.J-'inn
YES NO
15) Will the activity require a variance from estab-
lished environmental standards (air, water, noise,
etc.)? X
EXPLANATION:
16) Is the activity carried out as part of a larger
project or series of projects?
EXPLANATION: 4^Jl-lr^nvv:il LulJ'noy L0 aJJ-
17) Will the activity require certification, authoriza-
tion or issuance of a permit by any local, state
or federal environmental control agency?
EXPLANATION:
18) Will the activity require issuance of a variance or
conditional use' permit by the City? y^
EXPLANATION:
19) Will the activity involve the application, use, or will tlie at^tiviujf iiivuiVB LIIC a|j|j I i^^at IUII, udc, ui "^v^
disposal of potentially hazardous materials? y\
EXPLANATION:
YES NO
20) Will the activity involve construction of facilities
in a flood plain?
EXPLANATION:
21) Will the activity involve construction of facilities
in the area of an active fault? y\
EXPLANATION;
22) Could the activity result in the generation of
significant amounts of dust? y\
EXPLANATION:
23) Will the activity involve the burning of brush,
trees, or other materials?
EXPLANATION:
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.) y^
EXPLANATION:
YES NO
25) Will the project substantially increase fuel
consumption (electricity, oil, natural gas, etc.)?
EXPLANATION:
26) Will the activity involve construction of facilities will tne activity involve construction or raciiities
on a slope of 25 percent or greater? y\
EXPLANATION:
27) Will there be a significant change to existing
land form? ^XT
(a) Indicate estimated grading to be done in
cubic yards: .
(b) Percentage of alteration to the present
land form: .
(c) Maximum height of cut or fill slopes:
EXPLANATION;
28) Will the activity result in substantial increases
in the use of utilities, sewers, drains or streets? y^
EXPLANATION:
YES NO
29) Will the project significantly increase wind or .^^^
water erosion of soils? y\
EXPLANATION:
30) Could the project significantly affect existing Louia tne project bigniricantly arieLt existing '~\y^
fish or wildlife habitat? y\
EXPLANATION:
31) Will the project significantly produce new light
or glare? >C,
EXPLANATION:
10
•^1 II. STATEMENT OF NON-STCNIFICANT ENVIRONMENTAL EFFECTS^
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:
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
Completing Report)
Date Signed 2—/^ -94^
11