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Home My WebLink AboutCDP 12-13; Zephyr Court Subdivision; Coastal Development Permit (CDP)·,........,.1" _______________ ..... ,,.... __________ ...., ...., «~~~ ~ CITY OF CARLSBAD LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) Development Permits (FOR DEPT. USE ONLY) Legislative Permits (FOR DEPT. USE ONLY) D Administrative Permit [!] Coastal Development Permit (*) D Minor D Conditional Use Permit (*) D Minor D Extension D Environmental Impact Assessment D Habitat Management Permit D Hillside Development Permit(*) D Planned Development Permit D Minor D Residential D Non-Residential D Planned Industrial Permit D Planning Commission Determination D Site Development Plan D Special Use Permit D Tentative Tract Map D Variance D Administrative D General Plan Amendment D Local Coastal Program Amendment (*) D Master Plan 0Amendment D Specific Plan D Amendment D Zone Change (*) D Zone Code Amendment List other applications not specified D D D (*) = eligible for 25% discount NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION MUST BE SUBMITTED PRIOR TO 4:00 P.M. ASSESSOR PARCEL NO(S).: 215-950-39 thur 56 PROJECT NAME: Zephyr Court Subdivision BRIEF DESCRIPTION OF PROJECT: A Coastal Development Permit to allow for the construction of 16 single-family residences (plus 2 open space lots) on a 5.64-acre site. and as required by approval ofCT-03-06 (Tabata Subdivision). BRIEF LEGAL DESCRIPTION: A portion of the southwest quarter of the southeast quarter of Section 22. T 12 S. R 4 W. SBBM, in the City of Carlsbad, County of San Diego, State of California LOCATION OF PROJECT: Generally located ON THE: BElWEEN P-1 East (NORTH, SOUTH, EAST, WEST) Poinsettia Ln. (NAME OF STREET) SIDE OF AND Page 1 of 5 STREET ADDRESS Black Rail Road (NAME OF STREET) Corte Orchidia (NAME OF STREET) Revised 07/10 OWNER NAME (Print): NP Yucaipa Acquisition LP MAILING ADDRESS: 95 Enterprise, Suite 325 CITY, STATE, ZIP: Aliso Viejo, CA 92656 TELEPHONE: 949-382-7818 --~~-------------------- APPLICANT NAME (Print): same as owner MAILING ADDRESS: ---------------------------CITY, STATE, ZIP: TELEPHONE: EMAIL ADDRESS: sjordan@thenewhomecompany.com EMAIL ADDRESS: I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO KNOWLEDGE. THE BEST OF MY KNOWLEDGE. APPLICANT'S REPRESENTATIVE (Print): The Lightfoot Planning Group-Dan Niebaum, AICP MAILING ADDRESS: 5900 Pasteur Ct., Suite 110 CITY, STATE, ZIP: Carslbad CA 92008 TELEPHONE: 7 60-692-1924 EMAIL ADDRESS: dann@lightfootpg.com -...,:::_ THE 5-22-/2_ DATE IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. INVE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LAND AND BIND ANY SUCCESSORS IN INTEREST. ~-= ..-~ ...... -.P'...._--:;_:;;;a,__--;ce:2=:.---------... , PROPERTY OWNER SIGNATURE 'JI. MA:p-K KAwAI>.\N1l Fo& t>\ P i'vGA&PP... AG6)v\.>\T~ l-P FOR CITY USE ONLY P-1 Page 2 of 5 JUN 1 2 2012 CITY OF CARLSBAD PLANNING DIVISION DATE STAMP APPLICATION RECEIVED RECEIVED BY: I GK Revised 07/10 «~~' ~ CITY OF DISCLOSURE STATEMENT P-1(A) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov CARLSBAD Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person tJfA. Corp/Part Nf '(v"';?1 AcJu,si-bM LP. Title Title _____ :---------- Address Address /()' '1 '(~,. Sh.acd, -c=romo 0~ t'\lftJ,)~ 2. OWNER (Not the owner's agent) P-1(A) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person JJ{A Corp/Part N P 'f.xa\'?' A''J"'·s& Lf> Title Title ___ -__________ _ Address. _________ _ Page 1 of2 Revised 07/10 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust ~/A Non Profit/Trust'----------- Title. ___________ _ Title. _____________ _ Address __________ _ Address ____________ _ 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? D Yes ~ No If yes, please indicate person(s):. ___________ _ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. Signature of owner/date & .,s;r/c__ /~ .,v A-?~/ Print or type name of owner Signature of applicant/date Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent P-1(A) Page 2 of2 Revised 07/10 ATTACHMENT "1" I HEREBY CERTIFY THAT THE PROPERTY OWNERS LIST AND LABELS SUBMITTED TO THE CITY OF CARLSBAD ON THIS DATE REPRESENT THE LATEST AVAILABLE INFORMATION FROM THE EQUALIZED ASSESSOR'S ROLES. APPLICATION NAME AND NUMBER c~~n-b~ \Co DATE: ____;;:b=---· _l(_._{_2--___ _ RECEIVED BY DATE:----------- P-21 Page 3 of6 Revised 07110 -r ·-,1 -~---___ ..:J ~ "(' ·~ CITY OF PROJECT DESCRIPTION P-1(8) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov CARLSBAD PROJECTNAME: ____ c_a_rl_s_ba_d __ 1_6_-_c_o_a_s_ta_I_D_e_v_e_lo_p_m_e_n_t_P_e_rm __ it ______________ __ APPUCANTNAME: ____ N_P_Y_u_c_a~ip_a_A_c_q~u_is_H_~_n_L_P ________________________ ~ Please describe fully the proposed project by application type. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: P-1(8) Introduction This application presents a Coastal Development Permit (COP} for the construction of 16 single- family residences to be located on 16 separate lots within a previously approved subdivision on a 5.64-acre site. The site is generally located on the east side of Black Rail Road approximately 600 feet south of Poinsettia Lane. The property is located in the Mello II Segment of the Local Coastal Program (LCP} and requires the approval of a COP for the proposed homes. Background The property currently contains 16 single-family lots that have been rough graded and partially improved. Two additional open space lots (for a total of 181ots} are located at the east end of the property. The Planning Commission and City Council originally approved the tentative map and related applications for this project in September and October of 2004, respectively. These original applications included GPA 04-13, LCPA 03-07, GPA 04-13, ZC-03-05, HOP 04-02, and COP 03-24-all for the Tabata Residential Subdivision. Time Extensions for the CT, HOP, and COP applications all were approved in January 2007. The subsequent approval and recordation of Final Map 15521 in March 2007 vested the original approvals for the project. COP 03-24 was originally approved in conjunction with tentative map CT 03-06 to allow for grading and development of the subdivision, but did not include a review of architecture for the single-family homes. The Planning Commission subsequently approved CDP-06-30 in July 2007 for the specific architecture and plotting of the proposed homes; however, this approval expired in July 2009 as no building permits had been issued for the homes by that time. Project Setting The project site is zoned One-Family Residential (R-1} and located within the Mello II Segment of the LCP and Local Facilities Management Zone 20. The project is not located within the appeal jurisdiction of the Local Coastal Zone. The site is designated RLM/OS (Residential Low-Medium Density and Open Space at 0-4.0 dulac} by the LCP Land Use Plan. The OS land use designation applies to the eastern-most sloped portion of the property where no development is proposed. Single-family residential development is adjacent to the south and west of the site. The property is also bordered by the Twin "D" Reservoir on the north and habitat preserved as open space on the east. Page 1 of 1 Revised 07/10 Proposed Development and Architecture The requested COP is for the plotting of 16 single-family homes on the site with associated architectural floor plans and elevations. All residential lots are greater than 7,500 square feet ranging from 8,810 to 11,894 square feet in size. The density of the approved project is 3.014 dulac. A cul-de-sac street, Zephyr Court, which connects to Black Rail Road, provides access to the site. The proposed residential architecture consists of one and two story single-family homes with three unique floor plans that range in size from 3,104 to 4,022 square feet (excluding garage space). Each floor plan offers two different elevation styles and a possible total of six different color schemes. Conceptual colors and materials for the project have been provided with this application. Each home will feature a two or three car garage. All third car garages are proposed as tandem and will be incorporated into the design and massing of the home. The following table provides a summary of plan and elevation styles, square footage, and garage area: Project Design Summary Plan Elevation 1st Floor 2nd Floor Living Garage Total No. Styles* Sq. Ft. Sq. Ft. Sq. Ft. Sq. Ft. Sq. Ft. 1 SR 3,104 NA 3,104 735 3,839 1 CB 3,104 NA 3,104 735 3,839 2 SR 2,913 627 3,540 652 4,192 2 CB 2,915 627 3,542 652 4,194 3 SR 1,809 2,201 4,010 738 4,748 3 AC 1,812 2,210 4,022 738 4,760 * SR = Spanish Revival; CB = California Bungalow; AC =American Classic The project is designed to comply the development standards of the R-1 zone. It is also designed to comply with the provisions of City Council Policy No. 44 (Neighborhood Architectural Design) and Policy No. 66 (Livable Neighborhoods). The homes will provide such elements as single story units, articulated front facades, variable planes on front and rear elevations, recessed or projected doors and windows, variations in roof ridges, front porches, and identifiable front doors. Coastal Development Regulations The project site is located within the Carlsbad Coastal Agricultural Overlay Zone and Coastal Resource Protection Overlay Zone. The property is also located within the Mello II Segment of the Local Coastal Program; however, it is not within the appeal area of the Coastal Zone. The proposed single-family development was found to be compatible with the findings and requirements of these overlay zones in conjunction with the previous land use approvals. Agricultural conversion fees were also previously paid prior to recordation of the Final Map of the subdivision. Summary The project will feature a variety of well thought-out architectural designs that present classic residential elevation styles. The one and two-story designs will be consistent with the surrounding one and two-story residential homes. The proposed single-family development will complete a previously approved project, complement its residential surroundings, and add to the quality of the community. () u Comment # PLANNING 1. 2. 3. 4. 5. Response to Staff Comments: Carlsbad 16 I Zephyr Court Subdivision CDP 12-13 City Comment, Revision or Information Response to Comment I Issue Resolution Requested Lots 3, 5, 7, 10 and 11 do not comply with the This issue has been resolved. The City Planner has approved the request minimum interior side yard setback requirement. to allow a reduction in the side yard setbacks for lots 5, 7, 10 and 11 Please reconfigure the proposed footprint for each of under CMC Section 21.10.070 A. 1. B -based on the provision of these lots to comply with Section 21.10. 070 of the additional setback distance on the opposite side yard for each. Please CMC. note the current design for Lot 3 meets standard setback requirements. Please see email correspondence from Staff dated July 27, 2012 confirming approval and the Side Setback Reduction Justification letter dated July 25, 2012 for reference. Please refer to Site Development Plan dated 8-23-12 I Sheet C 1.1 for proposed setbacks and lot designs. Please add a separate column to the "lot data" table Please see Site Development Plan dated 8-23-12 I Sheet C 1.2 containing shown on page C 1.2 to include the interior side the revised Lot Data Table as requested. yard setback (required & provided) for each lot. Please provide documentation demonstrating Please see the completed Policy 44 Matrix and Policy 66 Matrix with compliance with City Council Policy 44. responses that demonstrate the project's compliance with the noted City policies. Regarding Lots 4 and 6, please reconfigure/move Comment noted. Please see Site Development Plan dated 8-23-12 I the text on Sheet C 1.1 so that the interior courtyard Sheet C 1.1 with revisions as requested. boundaries are clearly identified. Provide the abbreviated model plan (e.g., Plan 1 -Comment noted. Please see the revised Architectural Plan set that SR) as indicated on the site plan on the floor plans. include requested plan abbreviations. Please note the architectural plans appear in order of proposed house plan style (Plan 1, Plan 2 & Plan 3) as listed on the Sheet Index on Sheet C 1.1. Carlsbad 16 I Zephyr Court CDP 12-13 Page 1 of 6 Response to July 10,2012 Review Comments August27,2012 0 Comment City Comment, Revision or Information # Requested 6. The left and right side elevations for Plan 3 - American Classic are incorrectly labeled, please correct. 7. Please verify that each garage has a minimum interior garage dimension of 20' x 20'. 8. As proposed, staff has concerns with the retaining walls along the western edge of Lot 16. The maximum allowed height of a fence/wall is six feet when located within a side yard. Retaining walls taller than three feet in height require a 36-inch high safety railing. As shown on the site plan, the approximate 3 1/z foot tall retaining wall will require a safety railing and the total combined fence/wall height will exceed six feet. ENGINEERING 1. The top of slope between Lots 15 and 16 needs to be relocated to the property line. FIRE LandscaQe 1. Distance from structure or building to brush. Fire Control maintenance responsibility. Access for emergency vehicles and maintenance. Carlsbad 16 I Zephyr Court COP 12-13 Response to Comment /Issue Resolution Comment noted. Please see the revised architectural plans Sheet A 3.1 & A 3.2 with revisions as requested. Comment noted. Please see the revised architectural plans. Dimensions have been added to the garage areas on the floor plans to show compliance with this requirement. Comment noted. The design for Lot 16 has been revised to eliminate the retaining walls where previously proposed. Please refer to Sheets C 1.1 and L 1.1 for the proposed grading and landscape design for this portion of Lot 16 and adjacent areas. Comment noted. Please see Site Development Plan I Sheet C 1.1 with revisions as requested showing top of slope at the property line between Lots 15 & 16. Comments noted. Please refer to the revised Conceptual Landscape Plan set dated 8-24-12 with Sheet L 1.4 Conceptual Fire Protection Plan and Sheet L 1. 5 Conceptual Maintenance Responsibility Plan. The Fire Protection Plan has been updated based on the current project design and City requirements. The Plan designates the appropriate fuel modification zones and fire protection requirements. The Maintenance Responsibility Plan designates specific areas that will be maintained by the HOA that will be established for this project. The HOA will be responsible for landscape maintenance and brush management within Lot 17 (the open space lot containing the fuel Page 2 of6 Response to July 10,2012 Review Comments August27,2012 () 0 Comment City Comment, Revision or Information # Requested Fire An automatic fire sprinkler system is required for all Sprinklers dwellings. 1. Fire Provide notes on all plans submitted for review that Sprinklers indicate that fire sprinklers are required. 2. Water You be required to install a one-inch (1 ") or greater Meters water service and water meter. This is to ensure 1. that there is adequate water provided in the event of a fire sprinkler activation during periods of other uses and/or demands, e.g. irrigation. POLICE -A Plan Review Recommendations Letter dated June 19, 2012 was provided as part of the project review. The letter provides recommendations and standards designed to safeguard property and the public welfare. LANDSCAPE 1. -16. Landscape comments 1 -16 address the previous landscape plans that were provided with the initial submittal for CDP 12-13. The comments noted many revisions, notations, and requirements for the plans. Carlsbad 16 I Zephyr Court CDP12-13 Response to Comment /Issue Resolution modification zones). Routine maintenance on Lot 17 will be provided in conjunction with the on-going project maintenance and landscape activities administered by the HOA. Access for emergency vehicles and maintenance will be provided to the fuel modification zones in Lot 17 via a 20' wide public sewer easement. The easement provides a gated access point at the end of the Zephyr Court cul-de-sac and extends to the east boundary of the property. Comment noted. Comment noted. Comment noted. The information provided in the letter has been reviewed and noted in its applicability to this project. Please see the revised Conceptual Landscape Plan set dated 8-24-12 included with this submittal. The plans are updated based on the current project design, City requirements, and the current City of Carlsbad Landscape Manual. below. Page 3 of 6 Please note specific responses to comments 1 -16 Response to July 10,2012 Review Comments August27,2012 0 0 Comment City Comment, Revision or Information II Requested 1. Please explain what the 100' fire suppression zone (offset from the bio-swale fencing) is. This appears to cross over Lots 8 and 9 where houses will be constructed. 2. Please show the right-of-way line to match civil plans. 3. Please show the retaining walls to match civil plans. 4. Please show and label all easements on the plans. Insure no trees are located within utility easements. 5. Please provide a cross section/detail for the sound wall and other walls/fencing and indicate materials. Provide a cap with minimum 1" overhang on each side. 6. Please provide a maintenance responsibility exhibit. 7. Please provide a substitute plant species that will maintain a height less than 30" where located within the vehicular site lines. 8. The Landscape Manual indicates to incorporate native and drought tolerant plan materials whenever possible. Please revise all plant species and provide substitutes where possible. Carlsbad 16 I Zephyr Court CDP 12-13 Response to Comment I Issue Resolution Please refer to the Conceptual Landscape Plan set dated 8-24-12 with Sheet L 1.4 Conceptual Fire Protection Plan and Sheet L 1.5 Conceptual Maintenance Responsibility Plan. The fuel modification zone has been revised per the current City of Carlsbad Landscape Manual. The Fire Protection Plan has been updated based on the current project design and City requirements. The Plan designates the appropriate fuel modification zones and fire protection requirements. The Maintenance Responsibility Plan designates specific areas that will be maintained by the HOA that will be established for this project. Please see the revised Conceptual Landscape Plan set dated 8-24-12. Right-of-way lines are indicated on the plans and match the current Civil plans. Please see the revised Conceptual Landscape Plan set dated 8-24-12. Retaining walls are indicated on the plans and match the current Civil plans. Please see the revised Conceptual Landscape Plan set dated 8-24-12. All easements are indicated on the plans. There are no trees within easements. Please see the revised Conceptual Landscape Plan -Sheet L 1.2 Conceptual Landscape Plan Notes dated 8-24-12. Wall details will be provided within the CD package. A maintenance responsibility plan has been provided per the current City of Carlsbad Landscape Manual. Please see Sheet L 1.5 Conceptual Maintenance Responsibility Plan dated 8-24-12. Please see the revised Conceptual Landscape Plan set dated 8-24-12. Plant species have been provided and notes indicated on Sheet L 1. 1 that will maintain heights of less than 30" within vehicular sight lines. Please see the revised Conceptual Landscape Plan set dated 8-24-12. Native and drought tolerant plant species have been indicated within the plans. Page 4 of 6 Response to July 10,2012 Review Comments August 27, 2012 .. () 0 Comment City Comment, Revision or Information II Requested 9. The right-of-way appears to be located at the sound wall/property line; therefore the trees as shown will not be located outside of the right-of-way. Please obtain approval from the Engineering Division to place the street trees as shown. 10. Provide a Water Conservation Plan in conjunction with the Landscape Concept Plan as required by the Landscape Manual. 11. For slopes 3' and greater, erosion control fabric shall be used in lieu of a cover crop. Please revise plan notes as appropriate. Review all other notes and insure they match current Landscape Manual requirements. 12. Insure that any fence that attaches to a structure is non-combustible. 13. In Zone A-3, trees are allowed; however, the design must provide a 20' space between canopies. Please revise layout of trees to meet this requirement. 14. Please revise fire protection notes to match the new Landscape Manual requirements. 15. Provide a Fire Suppression Plan (per the criteria listed). Carlsbad 16 I Zephyr Court CDP12-13 Response to Comment I Issue Resolution Comment noted. An approval from the Engineering Division will be obtained for the trees proposed within the right-of-way. A water conservation plan has been provided per the current City of Carlsbad Landscape Manual. Please see Sheet L 1.3 Conceptual Water Conservation Plan dated 8-24-12. Comment noted. Please see the revised Conceptual Landscape Plan set dated 8-24-12. Slope notes have been provided per the current City of Carlsbad Landscape Manual. Comment noted. Please see the revised Conceptual Landscape Plan set dated 8-24-12. The requested notes are provided on Sheet L 1.4. Comment noted. Please see the revised Conceptual Landscape Plan set dated 8-24-12. Trees have been spaced appropriately. Please see the revised Conceptual Landscape Plan set dated 8-24-12. Notes have been revised per the current City of Carlsbad Landscape Manual. A fire suppression plan has been provided per the current City of Carlsbad Landscape Manual. Please refer to the Conceptual Landscape Plan set dated 8-24-12 with Sheet L 1.4 Conceptual Fire Protection Plan. The Fire Protection Plan has been updated based on the current project design and City requirements. The Plan designates the appropriate fuel modification zones and fire protection requirements. In addition, please see Sheet L 1.5 Conceptual Maintenance Responsibility Plan. The Maintenance Responsibility Plan designates specific areas that will be maintained by the HOA that will be established for this project. The HOA will Page 5 of 6 be responsible for landscape maintenance and brush Response to July 10,2012 Review Comments August27,2012 ') 1\. ' u ComJ1lent Cit,. Comment, Revision or Information # Requested 16. Return Redlines and provide 2 copies of all plans on the next submittal. Carlsbad 16 I Zephyr Court CDP12-13 Response to Comment /Issue Resolution management within Lot 17 (the open space lot containing the fuel modification zones). Routine maintenance on Lot 17 will be provided in conjunction with the on-going project maintenance and landscape activities administered by the HOA. Access for emergency vehicles and maintenance will be provided to the fuel modification zones in Lot 17 via a 20' wide public sewer easement. The easement provides a gated access point at the end of the Zephyr Court cul-de-sac and extends to the east boundary of the property. Comment noted. The July 10, 2012 Redlines are included with this submittal along with two (2) copies of the revised Conceptual Landscape Plan set dated 8-24-12. Page 6 of 6 Response to July 10,2012 Review Comments August27,2012 c Recording Requested by: City of Carlsbad When Recorded Mail to: City of Carlsbad City Clerk's Office Attn: City Clerk 1200 Carlsbad Village Drive Carlsbad California 92008 D~C # 2005-0850706 1111111111111111111111111111111111111111111111111111111111111111111111 SEP 30,2005 4:59PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 0 00 PAGES: 7 11~111111111111~1 (Space above for Recorder's Use) AFFORDABLE HOUSING AGREEMENT THIS AFFORDABLE HOUSING AGREEMENT ("Agreement") is entered into this 12th day of September, 2005, by and between the CITY OF CARLSBAD, a municipal corporation (hereinafter referred to as the "City"), and Noboru & Evelyn Tabata and Isokazu Tabata, (hereinafter referred to as the "Developer"), is made with reference to the following: RECITALS A. Developer is the owner of certain real property in the City of Carlsbad, County of San Diego, State of California, described in "Attachment A", which is attached hereto and incorporated herein by this reference, and which is the subject of a Tentative Map CT03-06 which provides conditional approval ofthe construction of sixteen (16) single family residential parcels ("Project"). B. Chapter 21.85 of the Carlsbad Municipal Code requires that this Affordable Housing Agreement shall be entered into between the City and the Developer as a means of satisfying the Developer's affordable housing obligation ("Affordable Housing Obligation"), as such is defined under Chapter 21.85 of the Carlsbad Municipal Code. Planning Commission Resolution No. 5722 provides that the Affordable Housing Obligation of three (3) units will be satisfied by the purchase of affordable housing credits, as provided for in Chapter 21.85, Section 21.85.080. NOW, THEREFORE, incorporating the foregoing Recitals and in consideration of the mutual covenants contained herein, the parties agree as follows: 1. That the Recitals Are True And Correct. 2. THAT SATISFACTION OF DEVELOPER'S AFFORDABLE HOUSING REQUIREMENT WILL BE BY THE PURCHASE OF AFFORDABLE HOUSING CREDITS. (a) Performance under this Agreement satisfies the Developer's obligation for affordable housing under Chapter 21.85 of the Carlsbad Municipal Code as applied to the land June 11, 2002 '. c covered by Carlsbad Tract No CT03-06 by reason of the approvals of the Tentative Map of CT03-06, including Condition No. lO(b) listed in Planning Commission Resolution No.5722, Hillside Development Permit HDP 04-02, Coastal Development Permit (CDP 03-24), and any other applicable approval. (b) The Developer shall purchase three (3) Affordable Housing Credits for an amount established by resolution of the City Council and as required by Condition No. lO(b) of Planning Commission Resolution No. 5722. The fee shall be paid prior to the Developer receiving any building permits for the project. 3. REMEDIES Failure by the Developer to perform in accordance with this Agreement will constitute failure to satisfy the requirements of Chapter 21.85 of the Carlsbad Municipal Code and Condition No. 1 O(b) of Planning Commission Resolution No. 5722. Such failure will allow the City to exercise any and all remedies available to it including but not limited to withholding the issuance of building permits for the lots shown on Carlsbad Tract No. CT03-06. 4. BOLD HARMLESS Developer will indemnity and hold harmless (without limit as to amount) City and its elected officials, officers, employees and agents in their official capacity (hereinafter collectively referred to as "Indemnitees"), and any of them, from and against all loss, all risk of loss and all damage (including attorneys' fees and expenses) sustained or incurred because of or by reason of any and all claims, demands, suits, or actions, obtained, allegedly caused by, arising out of or pertaining in any manner to Developer's actions or defaults pursuant to this Agreement, and shall protect and defend lndemnitees, and any of them with respect thereto. 5. NOTICES All notices required pursuant to this Agreement shall be in writing and may be given by personal delivery or by registered or certified mail, return receipt requested to the party to receive such notice at the address set forth below: TO THE CITY: June 11, 2002 City of Carlsbad Housing and Redevelopment Department Attn: Housing & Redevelopment Director 2965 Roosevelt Street, Suite B Carlsbad, California 92008-2389 0 TO THE DEVELOPER: Noboru & Evelyn Tabata lsokazu Tabata P.O. Box 679 Carlsbad, Ca. 92018 0 Any party may change the address to which notices are to be sent by notifying the other parties of the new address, in the manner set forth above. 6. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties and no modification hereof shall be binding unless reduced to writing and signed by the parties hereto. 7. DURATION OF AGREEMENT This Agreement shall terminate and become null and void upon the payment of the Affordable Housing Credits, or the repeal, termination, or modification of any applicable ordinance which act would render the Affordable Housing Obligation unnecessary or unenforceab]e. 8. SUCCESSORS This Agreement shall benefit and bind the Developer and any successive owners of Affordable Housing Lots. 9. SEVERABILITY In the event any provision contained in this Agreement is to be he]d inva1id, void or unenforceable by any court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless, be and remain in full force and effect. June 11, 2002 c IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed as of the day and year first above written. DEVELOPER By: By: By: Name Noboru Tabata Title Owner N~~ Title ~ ~ v.u.ec!i7 Name Isokazu Tabata Title Owner CITY City of Carlsbad, a Municipal corporation By:~~ , Sandra L. Holder Community Development Director If required by City, proper notarial acknowledgment of execution by Developer must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-President **Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney June 11,2002 c STAlE OF CALIF~IA j)'~ COUNTY OF V) ) } }ss. } (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Title of Document ~rJah{& fi<MSI t-1;; Ayt~ Date of Document ~o. of Pages _________ _ Other signatures not acknowledged ___________________ _ 3008 (1194) (General) -.. ----·---.......... ·------,.. ___ ,.. __ c Exhibit "A" All that certain real property situated in the County of San Diego, State of California, described as follows: PARCEL 1: The Northerly 180.00 feet of the Westerly 257.00 feet of the South Half of the Southwest quarter of the Southeast quarter of fractional Section 22, Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, according to Official Plat thereof. PARCEL 2: That portion of the North Half of the Southwest quarter of the Southeast quarter of Section 22, Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, according to Official Plat thereof, described as follows: Beginning at the South quarter corner of said Section 22; thence Northerly along the North-South center line of said Section 22, North 2° 18' 55" West, 1041.37 feet to the True Point of Beginning; thence South 89° 55' 47" East 250.00 feet; thence South oo 04' 13" West to the .South line of said North Half of the Southwest quarter of the Southeast quarter; thence Westerly along the said South line to the Southwest corner of said North Half; thence Northerly along said North-South center line of Section 22 to the True Point of Beginning. Excepting that portion lying Northerly of a line described as follows: Beginning at a point on the East line of the above described land which is distant thereon South oo 04' 13" West 350 feet from the Northeast corner thereof; thence North 87° 51' West 235.93 feet to the North-South center line of Section 22. EXCEPTING THEREFROM said Parcels 1 and 2 the Westerly 30.00 feet as set forth in Final Order of Condemnation, San Diego Superior Court Case No. N 75923-1, in favor of the City of Carlsbad recorded January 6, 1999 as File No. 1999- 0007536 of Official Records. PARCEL 3: The Easterly 287 feet of the Westerly 544 feet of the Northerly 180.06 feet of the South Half of the Southwest quarter of the Southeast quarter of fractional Section 22, Township 12 South, Range 4 West, San Bernardino Meridian in the County of San Diego, State of California, according to the Official Plat thereof, said dimensions being measured along and parallel to the Westerly and Northerly c EXHIBIT "A" Continued lines, respectively, of said South Half of the Southwest quarter of the Southeast quarter. PARCEL 4: The North half of the West half of the South half of the Southwest quarter of the Southeast quarter of Section 22, Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the Official Plat thereof. EXCEPTING THEREFROM the Westerly 257 feet of the Northerly 180 feet of the South half of the Southwest quarter of the Southeast quarter of said Section 22. The aforementioned 257 foot and 180 foot dimensions being measured along and parallel to the Westerly and Northerly lines, respectively of said South half of the Southwest quarter of the Southeast quarter of said Section 22. ALSO EXCEPTING THEREFROM the Easterly 287 feet of the Westerly 544 feet of the Northerly 180.66 feet of the South half of the Southwest quarter of the Southeast quarter of said Section 22. The dimensions being measured along and parallel to the Westerly and Northerly lines, respectively, of said South half of the Southwest quarter of the Southeast quarter of said Section 22. PARCEL 5: The Northerly 20 feet of the South half of the West half of the South half of the Southwest quarter of the Southeast quarter of Section 22, Township 12 South, Range 4 West, San Bernardino Base and Meridian, In the City of Carlsbad, County of San Diego, State of California, according to the Official Plat thereof. Said 20.00 foot strip lying Southerly, parallel and adjacent to the South line of Parcel 1 above. Assessor's Parcel Number: 215-080-20 8r. 215-080-28 215-080-21 Site Photo Board June 12. 2012 Carlsbad 1 6 : Single-Family Development View to the north View to the south View to the east View to the west tJ 09 /ll] i , .. , "' 1 ~~ ® ';\ ~-~ PIQ ~~r&." ..... 50.20 ,, I ~'I ... ~ ~ 37 g .. ® 'C.-II ~~i • :~;! i 07 ~ SHT 4 '1: -~ N8839'5t"W 6ij ~~ SHT 1 "'" '""' \ t.l;c> M ~,. ~.e'k ~~ ~ ~ @ ~ ~ " @ ~ PIQ PIQ ~ lt ~ PIQ Pig .• PIQ v'llo "'i<ll ""'' \\ _§BlrJ .wr, CORTE 61,J9 61.41 ··~ "·' "·-" .. 8< " Ill ~ " 36 t 35 !l 34 !! 33 :l ~~ :i 31 ® ® ® ® ® &a/9 "'·" 59Al 5/J.., 59.)1 -1186'!i/l'lnt This Map is being furnished as a convenience to locate the herein described land In relation to adjoining streets and other lands. The Company does not guarantee dimensions, distances bearlngs,or acreage stated thereon, nor Is It Intended to illustrate legal building sites or supersede City or County ordinances, i.e. zoning and building codes, etc. omclaltnformation concerning the use of any parcel should be obtained from local government agencies. @ SHT 2 38 ® 5.-40 AC OPEN SPACE " "" ').'\~ ,, ~ 18 @ ~~ .;. ~ ' "' ~ "' @ !15.2J NM'58'ft'r 6iJ SHT 1 17.# ,, 19 "' ® ~ .,.. . ., <! ,_,; . ~ ,, "' .. ,,~ " ,. ~ ® ~) ,so -@ ,. ~ ")-~ "q @ ~"'·' ,,. ~ '! ~ »Ul SAN DI£GO <:ruNTY ASSESSM'S NAP ~ 215-95 1" = 100' 05/23/07 MGS l>n;r,r,:t2-27--<1J 8_y.ICG fr¢t2f,_.(}8 ...,_HANC ·!~ 811( Pft/011APN PAP~<~ If? CO~ 9SO , 7ff({(j JB 01 f6f i'fi2s2(), J9 TIRU !i6 08 ll 1• OPEN SPACE EASEMENT MAP 15521 -CARLSBAD TCT NO 03-06 BLACKRAIL-16 MAP 14102-CARLSBAD TCT NO 98-17 HADLEY PROPERTY I _j ATTACHMENT ONE AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: • land use • improvements on the land • land division • environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at policy date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless: • a notice of exercising the right appears in the public records on the Policy Date • the taking happened prior to the Policy Date and is binding on you if you bought the land without knowledge of the taking In addition to the Exclusions, you are not insured against loss, costs, attorneys' fees, and the expenses resulting from: 1. Any rights, interests, or claims of parties in possession of the land not shown by the public records. 2. Any easements or liens not shown by the public records. This does not limit the lien coverage in Item 8 of Covered Title Risks. 3. Title Risks: • that are created, allowed, or agreed to by you • that are known to you, but not to us, on the Policy Date- unless they appeared in the public records • that result in no loss to you • that first affect your title after the Policy Date -this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: • to any land outside the area specifically described and referred to in Hem 3 of Schedule A or • in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. 3. Any facts about the land which a correct survey would disclose and which are not shown by the public records. This does not limit the forced removal coverage in Item 12 of Covered Title Risks. 4. Any water rights or claims or title to water in or under the land, whether or not shown by the public records. Attachment One (7/26/10) CARLSBAD 16 COP LEGAL DESCRIPTION EXHIBIT "A" THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOTS 1 THROUGH 18, INCLUSIVE, OF CITY OF CARLSBAD TRACT NO. 03-06, BLACKRAIL -16, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15521, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. APN: 215-950-39 thru 215-950-56 2 CLTA Preliminary Report Form-Modified (11/17/06) •. Fidelity National Title Company PRELIMINARY REPORT In response to the application for a policy of title insurance referenced herein, Fidelity National Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of title insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or reforred to as an exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies ofTitle Insurance which establish a Deductible Amount and a Maximum Dollar Limit ofLiability for certain coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. The policy(s) of title insurance to be issued hereunder will be policy(s) of Fidelity National Title Insurance Company, a California corporation. Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects and encumbrances affecting title to the land Fidelity National Title Company ~~:~ Countersigned CLTA Preliminary Report Form-Modified (11/17/06) Visit Us on our Website: www.fntic.com • Fidelity National Title Company ISSliiNG OFFICE: 1300 Dove Street, Suite 310 • Newport Beach, CA 92660 949 622-5000 • FAX Call for Fax PRELIMINARY REPORT Amended Title Officer: Patti Porter Title No.: 10-259921595-E-PP Locate No.: CAFNT0925-0925-0199-0259921595 TO: NP Yucaipa Acquisition L.P. 95 Enterprise, Suite #325 Aliso Viejo, CA 92656 ATTN: Stephen T. Jordan PROPERTY ADDRESS: Carlsbad, California EFFECTIVE DATE: May 17, 2012, 07:30A.M. The form of policy or policies of title insurance contemplated by this report is: CLTA Standard Coverage Policy-1990 1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A Fee 2. illLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: NP YUCAIPA ACQUISITION LP, a Delaware limited partnership 3. THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF MH\.lH 03/31/2010 1 CLTA Preliminary Report Form-Modified (11/17/06) \ \ ,, """""' litle No. 10-259921595-E-PP Locate No. CAFNT0925-0925-0199-0259921595 LEGAL DESCRIPTION EXHIBIT "A" THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOTS 1 THROUGH 18, INCLUSIVE, OF CITY OF CARLSBAD TRACT NO. 03-06, BLACKRAIL-16, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15521, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. APN: 215-950-39 thru 215-950-56 2 CLTA Preliminary Report Fonm. Modified (11/17/06) Title No. 10-259921595-E-PP Locate No. CAFNT0925-0925-0199-0259921595 AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2012-2013. 2. Intentionally Deleted 3. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (Commencing with Section 75) of the Revenue and Taxation code of the State of California. 4. Water rights, claims or title to water, whether or not disclosed by the public records. 5. Rights of the public to use that portion of said land lying within a street, road, highway or alley. Said document also contains restrictions on the use, by the owners of said land, of the easement area. 6. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document. Granted to: Purpose: Recorded: Affects: San Diego Gas & Electric Company Public utilities, ingress and egress March 31, 1966, Instrument No. 54149, of Official Records Lot 1. Said document also contains restrictions on the use, by the owners of said land, of the easement area. 7. Notice of Special Tax Lien to pay for certain public capital facilities, including the payment of principal and interest on bonds, said facilities recorded May 20, 1991, as Instrument No. 1991- 0236959, of Official Records. Amendment to the Notice of Special Tax Lien (Notice of Annexation No. 05/06-01) recorded December 13, 2005, as Instrument No. 2005-1068290, of Official Records. 8. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document. Granted to: Purpose: Recorded: Affects: City of Carlsbad A slope easement as set forth in Final Order of Condemnation January 6, 1999, Instrument No. 1999-0007536, of Official Records Lot 1. 3 CLTA Preliminary Report Form-Modified (11/17/06) ""'-" ITEMS: (continued) Title No. 10-259921595-E-PP Locate No. CAFNT0925-0925-0199-0259921595 9. Matters contained in that certain document entitled "Joint Use Agreements" dated January 5, 1999, executed by and between San Diego Gas & Electric Company, a corporation and The City of Carlsbad, a municipal corporation recorded January 29, 1999, Instrument No. 1999-0052661, of Official Records, which document, among other things, contains or provides for: Joint Use. Reference is hereby made to said document for full particulars. 10. Intentionally Deleted 11. Matters contained in that certain document entitled "Affordable Housing Agreement" dated September 12, 2005, executed by and between City of Carlsbad, a municipal corporation and Noboru & Evelyn Tabata and Isokazu Tabata recorded September 30, 2005, Instrument No. 2005-0850706, of Official Records, which document, among other things, contains or provides for: Affordable Housing. Reference is hereby made to said document for full particulars. 12. An instrument entitled "Notice of Restriction on Real Property" recorded September 21, 2006 as Instrument/File No. 2006-0671963 of Official Records. Reference is made to said document for full particulars. 13. An instrument entitled "Hold Harmless Agreement Drainage" recorded December 1, 2006 as Instrument/File No. 2006-0854468 of Official Records. Reference is made to said document for full particulars. 14. An instrument entitled "Encroachment Agreement" recorded March 1, 2007 as Instrument/File No. 2007-0141837 of Official Records. Reference is made to said document for full particulars. 15. The fact that the ownership of said land does not include rights of access to or from the street, highway, or freeway abutting said land, such rights having been relinquished by the map of said Tract. Affects: Lots 1 and 16 abutting Black Rail Road. 16. Easement(s) for the purpose(s) shown below and rights incidental thereto as delineated or as offered for dedication, on the map of said tract. Purpose: Affects: Open space Lots 17 and 18. 17. Covenants, conditions and restrictions pertaining to Lots 17 and 18 shown under "Owner's Statement" on the map of said tract. 4 CLTA Preliminary Report Form-Modified (11/17/06) .... ITEMS: (continued) Title No. 10-259921595-E-PP Locate No. CAFNT0925-0925-0199-0259921595 18. Easement(s) for the purpose(s) shown below and rights incidental thereto as delineated or as offered for dedication, on the map of said tract. Purpose: Affects: Public storm drain Lots 8 and 17. 19. Easement(s) for the purpose(s) shown below and rights incidental thereto as delineated or as offered for dedication, on the map of said tract. Purpose: Affects: Sanitary sewer Lots 9 and 17. 20. Easement(s) for the purpose(s) shown below and rights incidental thereto as delineated or as offered for dedication, on the map of said tract. Purpose: Affects: Proposed sight distance corridor Lot 1 and 16. 21. Matters as shown under "Not-Mapping Notes" on the map of said tract, which among other things states: "No structure, fence, wall, tree, shrub or sign or other objects over 30 inches above the street level may be placed or permitted to encroach within the area identified as sight distance corridors." Affects: Lots 1 and 16. 22. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document. Granted to: Purpose: Recorded: Affects: San Diego Gas & Electric Company, a corporation To erect, construct, change the size of, improve, reconstruct, relocate, repair, maintain and use facilities consisting of underground electric facilities, and appurtenances for the transmission and distribution of electricity and underground communication facilities and appurtenances together with the right of ingress thereto and egress therefrom August 17, 2007, Instrument No. 2007-0550117, of Official Records That certain strip of land 7.00 feet in width within said Lot 1, said strip lying adjacent to and coincident with the exterior boundary of that dedicated street shown and delineated as Black Rail Road on said Map No. 15521; also those certain strips of land 7.00 feet in width within said Lots 1 through 8, inclusive, said strips lying adjacent to and coincident with the exterior boundary of that dedicated street shown and delineated as Zephyr Court on said Map No. 15521. 23. An instrument entitled "Notice of Restrictions on Real Property" recorded November 13, 2007 as Instrument/File No. 2007-0715370 of Official Records. Reference is made to said document for full particulars. 5 CLTA Preliminary Report Form-Modified (11/17/06) I ........ ......, ITEMS: (continued) Title No. 10-259921595-E-PP Locate No. CAFNT0925-0925-0199-0259921595 24. Intentionally Deleted 25. Intentionally Deleted 26. The requirement that there be filed in the office of the Secretary of State a certificate of limited partnership for NP Yucaipa Acquisition LP, in compliance with the provisions of the California Revised Limited Partnership Act, Section 15611 et. seq., Corporations Code and that a copy of said certificate certified by the Secretary of State be recorded in the office of the County Recorder of San Diego County. Note 1. Note 2. Note 3. Note 4. Vestee: NP Yucaipa Acquisition LP, a Delaware limited partnership END OF ITEMS First and Second installments of general and special taxes for the fiscal year 2011-2012 are paid. Affects: APN# 215-950-39 thru 215-950-56. The only deeds affecting said land, which recorded within twenty-four (24) months ofthe date of this report, as are follows: Grantor: Grantee: Recorded: MTC Financial Inc., dba Trustee Corps NP Yuciapa Acquisition LP< a Delaware limited partnership September 27, 2010, Instrument No. 2010-0511114, of Official Records The only deeds affecting said land, which recorded within twenty-four (24) months of the date of this report, as are follows: Grantor: MTC Financial Inc., dba Trust Corps Grantee: NP Yucaipa Acquisition LP, a Delaware limited partnership Recorded: October 7, 2010, Instrument No. 2010-0537685, of Official Records If a county recorder, title insurance company, escrow company, real estate broker, real estate agent or association provides a copy of a declaration, governing document or deed to any person, California law requires that the document provided shall include a statement regarding any unlawful restrictions. Said statement is to be in at least 14-point bold face type and may be stamped on the first page of any document provided or included as a cover page attached to the requested document. Should a party to this transaction request a copy of any document reported herein that fits this category, the statement is to be included in the manner described. 6 CLTA Preliminary Report Form-Modified (11/17/06) NOTES: (continued) ' Title No. 10-259921595-E-PP Note 5. Note 6. Locate No. CAFNT0925-0925-0199-0259921595 Wiring instructions for Fidelity National title Company, Riverside, CA, are as follows: Receiving Bank: ABA Routing No.: Credit Account Name: Credit Account No.: Reference No.: Union Bank of California (800) 849-6466 Irvine, CA 92614 122000496 Fidelity National title Company-Builder Services Payoff/ Admin 11870 Pierce St., Suite 100, Riverside, CA 92505 9100586700 10-259921595 These wiring instructions are for this specific transaction involving the Title Department of the Newport Beach office of Fidelity National Title Company. These instructions therefore should not be used in other transactions without first verifying the information with our accounting department. It is imperative that the wire text be exactly as indicated. Any extraneous information may cause unnecessary delays in confirming the receipt of funds. Any documents being executed in conjunction with this transaction must be signed in the presence of an authorized Company employee, an authorized employee of an agent, an authorized employee of the insured lender, or by using Bancserv or other approved third-party service. If the above requirements cannot be met, please call the company at the number provided in this report. 7 CLTA Preliminary Report Form-Modified (11/17/06) I NOTES: (continued) lltle No. 10-259921595-E-PP Locate No. CAFNT0925-0925-0199-0259921595 OWNER'S DECLARATION The undersigned hereby declares as follows: 1. (Fill in the applicable paragraph and strike the other) a. Declarant ("Owner") is the owner or lessee, as the case may be, of certain premises located at further described as follows: See Preliminary Report/Commitment No. for full legal description (the "Land"). b. Declarant is the of _____ ("Owner"), which is the owner or lessee, as the case may be, of certain premises located at further described as follows: See Preliminary Report/Commitment No. for full legal description (the "Land"). 2. (Fill in the applicable paragraph and strike the other.) a. During the period of six months immediately preceding the date of this declaration no work has been done, no surveys or architectural or engineering plans have been prepared, and no materials have been furnished in connection with the erection, equipment, repair, protection or removal of any building or other structure on the Land or in connection with the improvement of the Land in any manner whatsoever. b. During the period of six months immediately preceding the date of this declaration certain work has been done and materials furnished in connection with upon the Land in the approximate total sum of$ but no work whatever remains to be done and no materials remain to be furnished to complete the construction in full compliance with the plans and specifications, nor are there any unpaid bills incurred for labor and materials used in making such improvements or repairs upon the Land, or for the services of architects, surveyors or engineers, except as follows: . Owner, by the undersigned Declarant, agrees to and does hereby indemnify and hold harmless Fidelity National Title Insurance Company against any and all claims arising therefrom. 3. Owner has not previously conveyed the Land; is not a debtor in bankruptcy (and if a partnership, the general partner thereof is not a debtor in bankruptcy); and has not received notice of any pending court action affecting the title to the Land. 4. Except as shown in the above-referenced Preliminary Report/Commitment, there are no unpaid or unsatisfied mortgages, deeds of trust, Uniform Commercial Code financing statements, claims of lien, special assessments, or taxes that constitute a lien against the Land or that affect the Land but have not been recorded in the public records. 5. The Land is currently in use as occupy/occupies the Land; and the following are all of the leases or other occupancy rights affecting the Land: 6. There are no other persons or entities that assert an ownership interest in the Land, nor are there unrecorded easements, claims of easement, or boundary disputes that affect the Land. 7. There are no outstanding options to purchase or rights of first refusal affecting the Land. 8 CLTA Preliminary Report Fonn-Modified (11/17/06) NOTES: (continued) ' Title No. 10-259921595-E-PP Locate No. CAFNT0925-0925-0199-0259921595 This declaration is made with the intention that Fidelity National Title Insurance Company (the "Company") and its policy issuing agents will rely upon it in issuing their title insurance policies and endorsements. Owner, by the undersigned Declarant, agrees to indemnify the Company against loss or damage (including attorneys fees, expenses, and costs) incurred by the Company as a result of any untrue statement made herein. I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on at _____ _ Signature:---------------- END OF NOTES 9 CLTA Preliminary Report Form-Modified (11/17/06) ATTACHMENT ONE (CONTINUED) CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or 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 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 and 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. SCHEDULE B,PART I EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: l. 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, not shown by the public records. PART I 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. 6. Any lien or right to a lien for services, labor or material not shown by the public records. Attachment One (7126/1 0) ATTACHMENT ONE (CONTINUED) FORMERLY AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) WITH A.LT.A. ENDORSEMENT-FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date ofPolicy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with 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 and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer, or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgement or lien creditor. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 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, not shO\"n 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. 6. Any lien or right to a lien for services, labor or material not shown by the public records. Attaclunent One (7/26/10) ATTACHMENT ONE (CONTINUED) 2006 AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision ofland; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modifY or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1 (b) does not modifY or limit the coverage provided under Covered Risk6. 2. Rights of eminent domain. This Exclusion does not modifY or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b)not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date ofPolicy (however, this does not modifY or limit the coverage provided under Covered Risk 11, 13, or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modifY or limit the coverage provided under Covered Risk 1l(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: I. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a pub lie agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not sho'"'n by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shm"n by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 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. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. Attachment One (7/26/10) ,....,,., ATTACHMENT ONE (CONTINUED) FORMERLY AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police powernot excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but knuwn to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy, or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 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: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgement or lien creditor. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 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, not shm"n 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. 6. Any lien or right to a lien for services, labor or material not shown by the public records. Attaclunent One (7/26110) ATTACHMENT ONE (CONTINUED) 2006 AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1 (a) does not modifY or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion I (b) does not modify or limit the coverage provided under Covered Risk6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modifY or limit the coverage provided under Covered Risk 9 and 1 0); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as sho\\n in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date ofPolicy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as sho\\n in Schedule A The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Pub lie Records. 2. Any facts, rights, interests, or claims that are not shm."n by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shm"n by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown bv 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. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. Attachment One (7/26/10) ATTACHMENT ONE (CONTINUED) CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-22-03) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-22-03) EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning: b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking. a. building 4. Risks: b. zoning c. Land use d. improvements on Land e. Land division f. environmental protection This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date. a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.d, 22, 23, 24 or 25. This Exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24. 5. Failure to pay value for Your Tit! e. 6. Lack of a right: 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion docs not apply to violations ofbuilding codes if notice of the violation appears in the Public Records at the Policv Date. a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 18. 3. The nght to take the Land by condemning it, unless: a. notice of exercising the right appears in the Public Records at the Policy Date; or LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: • For Covered Risk 14, 15, 16 and 18, Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Covered Risk 14: Covered Risk 15: Covered Risk 16: Covered Risk 18: Your Deductible Amount 1.00% ofPolicy Amount or $ 2.500.00 (whichever is less) 1.00% ofPolicy Amount or $5,000.00 (whichever is less) 1.00% of Policy Amount or $5 000.00 (whichever is less) 1.00% ofPolicy Amount or $2.500.00 (whichever is less) Our Maximum Dollar Limit of Liability $ 10 000.00 $25,000.00 $25.000.00 $5,000.00 Attachment One (7/26110) ATTACHMENT ONE (CONTINUED) CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10) EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; a. buil.ding; b. zonmg; c. that result in no loss to You; or c. land use; d. improvements on the Land; d. that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. e. land division; and f. environmental protection. 5. Failure to pay value for Your Title. 6. Lack of a right: This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20,23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: • For Covered Risk 16, 18, 19 and 21, Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Covered Risk 16: Covered Risk 18: Covered Risk 19: Covered Risk 21 : Your Deductible Amount 1.00% of Policy Amount Shown in Schedule A or $2.500.00 (whichever is less) 1.00% ofPo1icy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1.00% ofPolicy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1.00% ofPolicy Amount Shown in Schedule A or $2,500.00 (whichever is less) Our Maximum Dollar Limit of Liability $ 10,000.00 $25,000.00 $25,000.00 $5,000.00 Attachment One (7/26110) ATTACHMENT ONE (CONTINUED) ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to 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 improvements now or hereafter erected on the Land; (iii) a separation in ownership or a change in the dimensions or areas of the Land or any parcel of which the Land is or was a part; or (iv) environmental protection, or the efiect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the Land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14, and 16 of this policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the Land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14, and 16 of this policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the Public Records at Date ofPolicv, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without Knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the Insured Claimant; (b)not Known to the Company, not recorded in the Public Records at Date of Policy, but Knovm to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (this paragraph does not limit the coverage provided under Covered Risks 8, 16, 18, 19, 20, 21, 22, 23, 24,25 and 26); or (e) resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 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 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 and is based upon usury, except as provided in Covered Risk 27, or any consumer credit protection or truth in lending law. 6. Real property taxes or assessments of any governmental authority which become a lien on the Land subsequent to Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 7, 8(e) and 26. 7. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This exclusion does not limit the coverage provided in Covered Risk 8. 8. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and all interest charged thereon, over liens, encumbrances and other matters affecting the title, the existence of which are Known to the Insured at: (a) The time of the advance; or (b) The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged, if the rate of interest is greater as a result of the modification than it would have been before the modification. This exclusion does not limit the coverage provided in Covered Risk 8. 9. The failure of the residential structure, or any portion thereof to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at Date of Policy. Attachment One (7/26/10) ATTACHMENT ONE (CONTINUED) ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07/26/10) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision ofland; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b) Any governmental police power. This Exclusion 1 (b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date ofPolicy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20,21, 22, 23, 24,27 or 28); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11 (b) or 25. 8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or6. 9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. Attaclnnent One (7/26/10) Notice You may be entitled to receive a $20.00 discount on escrow services if you purchased, sold or refinanced residential property in California between May 19, 1995 and November 1, 2002. If you had more than one qualifying transaction, you may be entitled to multiple discounts. If your previous transaction involved the same property that is the subject of your current transaction, you do not have to do anything; the Company will provide the discount, provided you are paying for escrow or title services in this transaction. If your previous transaction involved property different from the property that is subject of your current transaction, you must-prior to the close of the current transaction-inform the Company of the earlier transaction, provide the address of the property involved in the previous transaction, and the date or approximate date that the escrow closed to be eligible for the discount. Unless you inform the Company of the prior transaction on property that is not the subject of this transaction, the Company has no obligation to conduct an investigation to determine if you qualify for a discount. If you provide the Company information concerning a prior transaction, the Company is required to determine if you qualify for a discount which is subject to other terms and conditions. Effective through November 1, 2014 (privacy)(OS-08) Page 1 of 2 Effective Date: 5/1/2008 Fidelity National Financial, Inc. Privacy Statement Fidelity National Financial, Inc. and its subsidiaries ("FNF") respect the privacy and security of your non-public personal information ("Personal Information") and protecting your Personal Information is one of our top priorities. This Privacy Statement explains FNF's privacy practices, including how we use the Personal Information we receive from you and from other specified sources, and to whom it may be disclosed. FNF follows the privacy practices described in this Privacy Statement and, depending on the business performed, FNF companies may share information as described herein. Personal Information Collected We may collect Personal Information about you from the following sources: • Information we receive from you on applications or other forms, such as your name, address, social security number, tax identification number, asset information, and income information; • Information we receive from you through our Internet websites, such as your name, address, email address, Internet Protocol address, the website links you used to get to our websites, and your activity while using or reviewing our websites; • Information about your transactions with or services performed by us, our affiliates, or others, such as information concerning your policy, premiums, payment history, information about your home or other real property, information from lenders and other third parties involved in such transaction, account balances, and credit card information; and • Information we receive from consumer or other reporting agencies and publicly recorded documents. Disclosure of Personal Information We may provide your Personal Information (excluding information we receive from consumer or other credit reporting agencies) to various individuals and companies, as permitted by law, without obtaining your prior authorization. Such laws do not allow consumers to restrict these disclosures. Disclosures may include, without limitation, the following: • To insurance agents, brokers, representatives, support organizations, or others to provide you with services you have requested, and to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure in connection with an insurance transaction; • To third-party contractors or service providers for the purpose of determining your eligibility for an insurance benefit or payment and/or providing you with services you have requested; • To an insurance regulatory authority, or a law enforcement or other governmental authority, in a civil action, in connection with a subpoena or a governmental investigation; • To companies that perform marketing services on our behalf or to other financial institutions with which we have joint marketing agreements and/or • To lenders, lien holders, judgment creditors, or other parties claiming an encumbrance or an interest in title whose claim or interest must be determined, settled, paid or released prior to a title or escrow closing. We may also disclose your Personal Information to others when we believe, in good faith, that such disclosure is reasonably necessary to comply with the law or to protect the safety of our customers, employees, or property and/or to comply with a judicial proceeding, court order or legal process. (privacy) Page 2 of 2 Effective Date: 5/1/2008 Disclosure to Affiliated Companies-We are permitted by law to share your name, address and facts about your transaction with other FNF companies, such as insurance companies, agents, and other real estate service providers to provide you with services you have requested, for marketing or product development research, or to market products or services to you. We do not, however, disclose information we collect from consumer or credit reporting agencies with our affiliates or others without your consent, in conformity with applicable law, unless such disclosure is otherwise permitted by law. Disclosure to Nonaffiliated Third Parties -We do not disclose Personal Information about our customers or former customers to nonaffiliated third parties, except as outlined herein or as otherwise permitted by law. Confidentiality and Security of Personal Information We restrict access to Personal Information about you to those employees who need to know that information to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard Personal Information. Access To Personal Information/ Requests for Correction, Amendment, or Deletion of Personal Information As required by applicable law, we will afford you the right to access your Personal Information, under certain circumstances to find out to whom your Personal Information has been disclosed, and request correction or deletion of your Personal Information. However, FNF's current oolicy is to maintain customers' Personal Information for no less than your state's reauired record retention requirements for the purpose of handling future coverage claims. For your protection, all requests made under this section must be in writing and must include your notarized signature to establish your identity. Where permitted by law, we may charge a reasonable fee to cover the costs incurred in responding to such requests. Please send requests to: Changes to this Privacy Statement Chief Privacy Officer Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, FL 32204 This Privacy Statement may be amended from time to time consistent with applicable privacy laws. When we amend this Privacy Statement, we will post a notice of such changes on our website. The effective date of this Privacy Statement, as stated above, indicates the last time this Privacy Statement was revised or materially changed. i Notice of Available Discounts Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute a waiver of the consumer's right to be charged the filed rate. As such, your transaction may not qualify for the below discounts. You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These discounts are generally described below; consult the rate manual for a full description of the terms, conditions and requirements for such discount. These discounts only apply to transactions involving services rendered by the FNF Family of Companies. This notice only applies to transactions involving property improved with a one-to-four family residential dwelling. FNF Underwriter FNF Underwritten Title Companies FNTC -Fidelity National Title Company FNTIC-Fidelity National Title Insurance Company FNTCCA-Fidelity National Title Company of California Available Discounts CREDIT FOR PREUMINARY REPORTS AND/OR COMMITMENTS ON SUBSEQUENT POUCIES (FNTIC) Where no major change in the title has occurred since the issuance of the original report or commitment, the order may be reopened within 12 or 36 months and all or a portion of the charge previously paid for the report or commitment may be credited on a subsequent policy charge. FEE REDUCTION SETTLEMENT PROGRAM (FNTC, FNTCCA and FNTIC) Eligible customers shall receive a $20.00 reduction in their title and/or escrow fees charged by the Company for each eligible transaction in accord a nee with the terms of the Final Judgments entered in The People of the State of California eta/. v. Fidelity National Title Insurance Company eta!., Sacramento Superior Court Case No. 99AS02793, and related cases. DISASTER LOANS (FNTIC) The charge for a Lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within 24 months of the date of a declaration of a disaster area by the government of the United States or the State of California on any land located in said area, which was partially or totally destroyed in the disaster, will be 50% of the appropriate title insurance rate. CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS (FNTIC) On properties used as a church or for charitable purposes within the scope of the normal activities of such entities, provided said charge is normally the church's obligation the charge for an owner's policy shall be 50% or 70% of the appropriate title insurance rate, depending on the type of coverage selected. The charge for a lender's policy shall be 32% or 50% of the appropriate title insurance rate, depending on the type of coverage selected. CA Discount Notice (notdisc-fnt) Effective Date: 7/1/2010 COASTAL DEVELOPMENT PERMIT SUPPLEMENTAL REQUIREMENTS P-7 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov In addition to the Coastal Development Permit application requirements identified on forms P-2 and P- 6, supplemental information may be required to be filed for any development requiring a Coastal Development Permit issued by the City of Carlsbad. I. COASTAL OVERLAY ZONES -Coastal Overlay Zones require additional information to be submitted as follows: (refer to the Carlsbad Municipal Code Chapters 21.202 -21.205 for full description). A. Coastal Agriculture Overlay Zone (Carlsbad Municipal Code Chapter 21.202) 1. Refer to the Carlsbad Municipal Code Section 21.202.060 for specific requirements B. Coastal Resource Protection Overlay Zone (Carlsbad Municipal Code Chapter 21.203) 1. Slope analysis/mapping for 25% and greater slopes subject to Section 21.203.040 of the Carlsbad Municipal Code. 2. Topographic and vegetation mapping/analysis subject to Subsection 21.203.040(B)(1) of the Carlsbad Municipal Code, if project is located along the first row of lots bordering Buena Vista Lagoon including the lagoon mouth. 3. Drainage study subject to Subsection 21.203.040(B)(3) of the Carlsbad Municipal Code if project is located west of existing Paseo del Norte, west of Interstate 5 or along El Camino Real immediately upstream of existing storm drains. 4. Geologic report addressing landslides and seismic hazards subject to Subsection 21.203.040(C) and (D) of the Carlsbad Municipal Code. C. Coastal Shoreline Development Overlay Zone (Carlsbad Municipal Code Chapter 21.204) 1. Geotechnical report subject to 21.204.110 of the Carlsbad Municipal Code if project is located adjacent to an existing seabluff edge between the sea and the first public road parallel to the sea; also may be required by City Planner if deemed necessary consistent with Section 21.204.110 of the Carlsbad Municipal Code. 2. Show all structures and decks on adjacent north and south properties to perform "stringline" test subject to Subsection 21.204.050(B) of the Carlsbad Municipal Code. 3. Unless otherwise submitted, a project in this zone must also submit plans showing: a. Boundaries and topography b. Existing and proposed structures c. Circulation d. Drainage e. Finished topography f. Landscaping D. Coastal Resource Overlay Zone Mello I LCP Segment (Carlsbad Municipal Code Chapter 21.205) P-7 1. Erosion, sedimentation and drainage report subject to Section 21.205.060 of the Carlsbad Municipal Code if project is located in the Batiquitos Lagoon watershed. Page 1 of 2 Revised 07/10 II. REQUIRED COASTAL PERMIT FINDINGS-Approval of a regular or minor coastal development permit is based on the ability to make three coastal related findings. These three findings are presented below for your review and information. P-7 1. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies. 2. That the development is in conformity with the public access and public recreation policies of Chapter 3 of the Coastal Act. 3. That the development conforms with any applicable decision pertinent to this proposal and/or site as set by the Coastal Commission on a previously related appeals decision per Public Resources Code §30604(c). Page 2 of2 Revised 07110 COP 06-30-TABATA RESIDENTIAL SUBDIVISION July 18. 2007 Page 5 C. Conformance with the Coastal Development Regulatious for the Mello II Segment ol the Local Coastal Program, the Coastal Agricultural Overlay Zone, and the Coastal Resource Protection Overlay Zone 1. MeJia II LCP Segment The project site is located within the Mello II Segment of the Local Coastal Program; however, it is not located within the appeal area of the Coastal Zone. The site is located within and subje(:t to the Coastal Agricultural Overlay Zone (Chapter 21.202) and the Coastal Resource Protection Overlay Zone (Chapter 21.203) of the Carlsbad Municipal Code. The project proposes to construct 16 new single family residences in an BRa designated for single family development. The subject site has an LCP Land Use Plan designation of RLM/OS (Residential Low-Medium Density and Open Space; 0-4.0 dulac), which allows for 3.2 dwelling units per acre at the Growth Management Control Point. The OS General Plan designation applies to the eastern slope portion of the site and no development is proposed within this area. The proposed 16 single-family residences are consistent with the land use type and density regulations for the property, and the 16 single-family lots have been previously found in compliance With the applicable Mello II LCP policies. The proposed one-story and two-story, single-family residences would be consistept with the sutTOunding development of one and .W·o-story single-family structures. The homes will not obstruct views of the coastline as seen from public lands or the public right-of- way. nor otherwise damage the visual beauty of the coastal zone. Agricultural convenion mitigation fees have been paid and no sensitive resources are located on the developable project area of the property. The proposed homes are not located in an area of known geologic instability or flood hazard. No public opportunities for coastal shoreline access are available from the subject site. The residentially designated site is not suited for water-oriented recreation activities. 2. Confonnance with public access and recreation policies of Chapter 3 of the Coastal&t. · The property is located over 1 mile from Batiquitos Lagoon and 1.5 miles from the Pacific Ocean; therefore, the project will not interfere with the public's right to physical access to the sea, or water oriented recreational activities. 3. Coastal Agricultural Overlay Zone Fonnerly, the project site had been used for agriculture. According to Map X of the LCP Land Use Plan, certified September 1990, the property is located within and subject to the provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the Zoning Ordinance). The previously approved CT 03-06 complied with the findings and requirements to convert the la~d from agricultural uses to residential uses and was COP 06-30-TABA TA RESIDENTIAL SUBDIVISION July 18, 2007 Page 6 conditioned to pay the agricultural conversion mitigation fee. This fee was paid prior to recordation of the Final Map. 4. Coastal Resowce Protection Overlay Zone The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the project wilJ adhere to the City's Master Drainage Plan, Grading Ordinance, Stonn Water Ordinance, Standard Urban Stonn Water Mitigation Plan (SUSMP) and Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban run off, pollutants and soil erosion. No development is proposed in areas of steep slopes and no native vegetation is located in the developable project area of the property. 'The site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods or liquefaction. D. City Council Poliey No. 44 (Neighborhood Architectural Design) aad Policy No. 66 (Livable Neighborhoods) New single-family residential projects of five or more homes are required to comply with aJJ provisions of City Council Policy No. 44 -Neighborhood Architectural Guidelines. These auidelincs require some single story units, single story edges, separate building planes on front and rear elevations, increased average side yard setbacks, recessed or projected doors and windows, front elevations with porches, balconies, or courtyards, variation in roof ridges and heights, front entries that are visible from the street, and specific architectural design elements. Residential projects are also required to comply with all applicable provisions of City COuncil Policy No. 66 • Livable Neighborhoods. These provisions require varied and articulated front building facades, clearly identifiable front doors, ftont-facing windows, front porches, courtyards, and balconies, and a variety of garage configurations. The intent of these provisions is to enhance the street scene and create opportunities for greater social interaction within a neighborhood. The building floor plans, elevations, and plotting for the 16 proposed single-family homes comply with City Council Policy No. 44 and City Council Policy No. 66 as shown in Tables D and E below. ,~ <,_,~ ..... ~ CITY OF CARLSBAD DEVELOPMENT PERMITS P-2 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov • Major Coastal Development Permits (including Amendments and Extensions, but excluding Minor ' COPs and Single Family Residences) • Conditional Use Permits (including Regular, Minor, Amendments and Extensions) • Planned Development Permits (Residential and Non-Residential; including Amendments and Extensions) • Planned Industrial Permits (including Amendments and Extensions) • Planning Commission Determinations • Precise Development Plans • Redevelopment Permits (Major, Minor and Amendments) (A Coastal Development Permit Supplemental Application may also be needed) • Site Development Plans (including Amendments and Extensions) • Special Use Permits (including Amendments, Extensions and Floodplain SUPs) • Structure Relocation Permits • Tentative Tract Maps (including Revisions) A proposed project requiring multiple applications must be submitted prior to 3:30 p.m. A proposed project requiring only one application must be submitted prior to 4:00 p.m. All joint application exhibits, i.e. Tentative Map and Planned Development Site Plan should be prepared at the same scale. (Use a scale no smaller than 1" = 40'.) The following materials shall be submitted for each application or for combined applications on a single project. If you have any questions regarding application submittal requirements (i.e., clarification regarding a specific requirement or whether all requirements are necessary for your particular application} please call (760} 602-4610. I. REQUIRED PLANS (All required plans shall be collated into complete sets, stapled together, then folded to 9" x 12" with lower right hand corner of plan visible.) A. SITE PLAN-Seven (7) copies on 24" x 36" sheet(s). Ten (10) copies of the site plan shall be submitted by the applicant upon request of the project planner prior to approval of the project. Each site plan shall contain the following information: P-2 1. GENERAL INFORMATION ~a. Name and address of owner whose property is proposed to be developed and the _; name, address, and phone number of the developer. L':]b. Name, address, and phone number of registered civil engineer, licensed surveyor, landscape architect or land planner who prepared the maps/plans. c. North arrow and scale. d. Vicinity map showing major cross streets. e. Date of preparation/revisions. f. Project Name and application types submitted. g. Tentative Map number in upper right hand corner (City to provide number at time of application). ~h. All facilities labeled as "existing" or "proposed." Page 1 of9 Revised 07/10 P-2 ~-A summary table of the following: ~1) Street address and assessor's parcel number. i 2) Site acreage. 3) Existing Zone and General Plan Land Use Designation. ~4) Existing and Proposed land use. ~5) Classification of lots as to intended residential, commercial, industrial or other uses. ~(6) Number of units to be constructed when a condominium or community apartment project is involved. -) Total number of tots proposed. 8) Proposed density in dwelling units per net acre. 9) Total building coverage. (10) Building square footage. ~11) Percent of site to be landscaped. ~(12) Number of parking spaces required/provided. ~)Square Footage of required employee eating areas. Square footage provided (interior and exterior eating area, if applicable). :1!](11) Square Footage of open or recreational space (if applicable), for each unit and total common open space for the project. 0{ 13) Area of the site which is undevelopable per Zoning Ordinance Section 21.53.230 (include the acreage in each category). If not applicable, state on the plans. ~~~~..,.("16"') Cubic footage of storage space (if applicable). Show location. ~(I I) Average Daily Traffic generated by the project, broken down by separate uses. 43{ I e) Name of sewer, water and school district providing service to the project. 2. SITE INFORMATION a. GENERAL ~(1) Approximate location of existing and proposed buildings and permanent structures onsite and within 100 feet of site. ~) Location of all major vegetation, showing size and type, both within the project and offsite for a distance of 1 00 feet. Existing onsite trees; those to be removed and those to be saved. ~) Location of railroads. ~) Legal description of the exterior boundaries of the subdivision (approximate bearings, distances and curve data). ~5) Lot lines and approximate dimensions and number of each lot. ~6) Lot area for each proposed lot. ~7) Setback dimensions for the required front, rear and side yard setbacks for all structures. ~8) Distance between buildings and/or structures. ~) Indicate top and bottom elevations for all fences, walls, and retaining walls. Show these elevations at each end of the wall and in the middle. Also show the worst condition elevation. Q1 0) Indicate on site plan improvements and amenities for any required interior and/or exterior employee eating areas, i.e. benches, tables, trash cans, etc. ~) Show site details (specific recreation facilities) for all recreation lots or areas (when applicable). ~ 2) Location and dimensions of all accessways and pathways as required for compliance with Title 24-State Accessibility Requirements. Page 2 of9 Revised 07/10 P-2 b. GRADING AND DRAINAGE ~) Approximate contours at 1' intervals for slopes less than 5%; 2' intervals for slopes between 5% and 1 0%; and 5' intervals for slopes over 10% (both existing and proposed). Existing and proposed topographic contours within a 1 00-foot perimeter of the boundaries of the site. Extend contours sufficiently out from the site to adequately show the adjacent floodplain (if applicable). Earthwork volumes: cut, fill, remedial, import and export. Spot elevations at the corners of each pad. Method of draining each lot. Include a typical cross section taken parallel to the frontage for lots with less than standard frontage. 0(5) Location, width and/or size of all watercourses and drainage facilities within and adjacent to the proposed project site; show location and approximate size of any proposed detention/retention basins. Clearly show and label the 1 00 year flood line for the before and after conditions for any project which is within or adjacent to a FEMA flood plain. Show all Best Management Practices (BMPs) to be used to reduce storm water discharge during the "use" or existing development phase. Indicate proposed elevation in relation to sea level of the lowest floor (including basement) of all structures. [For Floodplain Special Use Permit (SUP)]. In FEMA Zone AO or VO show elevation of highest adjacent grade and proposed elevation of lowest floor of all structures. [For Floodplain Special Use Permit (SUP)]. 0(10) Show proposed elevation in relation to mean sea level to which any structure will be floodproofed. [For Floodplain Special Use Permit (SUP)]. c. STREETS AND UTILITIES ~) The location, width and proposed name of all streets within and adjacent to the proposed project. Show street grades and centerline radii. Provide separate profile for all streets with grades in excess of 7%. Streets should be in conformance with City Standards and Land Development Engineering Policies. ~2) Name, location and width of existing adjacent streets and alleys. Include medians and adjacent driveway locations. ~3) Typical street cross sections for all streets within and adjacent to the project. ~) Width, location and use of all existing and/or proposed public or private easements. I )) Public and private streets and utilities clearly identified. Show distance between all intersections and driveways. Clearly show parking stall and aisle dimensions and truck turning radii for all ~) parking areas. ~~J Show access points to adjacent undeveloped lands. ~) Show all existing and proposed street lights and utilities (sewer, water, major gas and fuel lines, major electric and telephone facilities) within and adjacent to the project. ~0) Show all existing and proposed fire hydrants associated with the project, and all existing, off-site fire hydrants within 300 feet of the project boundary. Fire hydrants on commercial, industrial and multi-family residential sites should be installed at 300 foot intervals. Fire hydrants serving single-family residential projects should be installed at no more than 500-foot intervals. When possible, fire hydrants should be installed at street intersections on developed side of street if single loaded. Avoid cul-de-sac installations. For installation requirements on public roadways, contact the Carlsbad Fire Department at {760) 602-4666. Page 3 of9 Revised 07/10 P-2 Ci. WATER FACILITIES 0(1) Show average and peak potable water demand in gallons per minute (gpm). 0(2) Provide fire flow demand in gallons per minute (gpm); calculate using table attached to Land Use Review Application. 0(3) Provide a map or diagram showing existing and proposed on-site and off-site water pipelines, services, pressure reducing stations, fire hydrants, reservoirs and pumping stations. (These facilities must be shown within the public right-of- way or within easements to be granted to the District or the City.). 0(4) Show a looped potable water distribution pipeline (when more than 19 residences are proposed). 0(5) Show a public fire flow system (constructed as a looped pipeline system for all industrial or commercial development). 0(6) Show a private fire sprinkler system, if required or proposed; state on exhibit. 0(7) Provide a water phasing plan, if proposed. NOTE: San Diego County Water Authority capacity charge will be collected at issuance of application for any meter installation. RECYCLED WATER FACILITIES 0(1) 0(2) 0(3) Colored recycled water use area map (all areas proposed to be irrigated with recycled water must be clearly indicated on the map in color). Peak irrigation or industrial water demand in gallons per minute (gpm). Existing and proposed recycled water pipelines, services, pressure reducing stations, booster pump stations, reservoirs and pumping stations. (These facilities must be shown within the public right-of-way or within easements to be granted to the District or the City.) f. SEWER FACILITIES 0(1) Average sewer generation in million gallons per day (mgd). 0(2) Existing and proposed sewer pipelines, laterals, and sewage lift stations. These facilities must be shown within the public right-of-way or within easements to be granted to the District or the City. 0(3) Indicate sewer facility phasing, if proposed. NOTE: No sewer lift stations or sewer siphons may be proposed unless otherwise agreed to in writing by the appropriate District Engineer. B. LANDSCAPE PLAN-Seven (7) copies prepared on 24" x 36" sheet(s) at the same scale as the project plans. Ten (1 0) copies of the plans shall be submitted by the applicant upon request of the project planner prior to project approval. The preliminary landscape plan shall contain the following information: 1. GEN.ERAL INFORMATION ~ Landscape zones per the City of Carlsbad Landscape Manual. ~. Typical plant species, quantity of each species and their size for each planting zone in a legend. (Use symbols). ~. An estimate of the yearly amount of irrigation (supplemental) water required to maintain each zone. ~-Landscape maintenance responsibility (private or common) lor all areas . . Percent of site used for landscaping. f. Water Conservation Plan. g. All applicable Fire Suppression Zones, as required by the City's Landscape Manual, are minimums. Additional requirements may apply. Page 4of9 Revised 07/10 C. BUILDING ELEVATIONS AND FLOOR PLANS -Seven (7) copies prepared on 24" x 36" sheet(s). Ten (10) copies of the plans shall be submitted by the applicant upon request of the project planner prior to the project approval. Each building elevation and floor plan shall include the following information: 1. GENERAL INFORMATION ~a. Floor plans with square footage included. im. All elevations of existing and proposed buildings, including signs and exterior lights. ~ Location and size of required storage areas. Include a scale on all floor plans and building elevations. Indicate the height on all building elevations. Indicate on all building elevations, compliance with Carlsbad Building Height definition (Zoning Ordinance Section 21.04.065). -E3'!1. Indicate ceiling height or the height of the underside of the roof in any building areas intended for storage uses. -E!h. Indicate the California Building Code occupancy classifications of all building areas. ~. Indicate type of construction per California Building Code. -Elf. Disclose any building uses that will result in the presence of Acutely Hazardous Materials, Compressed Flammable Gases in excess of 1 ,500 pounds, Flammable Liquids in excess of 10,000 gallons, Hazardous Materials in excess of 500 pounds or 55 gallons, or compressed gas in excess of 200 cubic feet. ~. Provide documentation demonstrating compliance with City Council Policy 44 - J Neighborhood Architectural Design Guidelines (if applicable). ~I. ROOF PLAN: One (1) copy (plan view). Show roof design to include ridges, hips, slope direction, etc. Show location of roof appurtenances, mechanical equipment and screening. Show all roof top equipment, appurtenances, stairways or other access provisions, including those required by the applicable building, plumbing, electrical and mechanical codes. All roof mounted equipment shall be installed in accordance with Building Department Policy 80-6. D. CONSTRAINTS MAP-One (1) 24" x 36" sheet folded to 9t,"~~oefoft!~~-~l.f information: (NOTE: This information is not required previously graded site nd the conversion of existing structures.) If the constraint does no , list it on the map as not applicable. Constraints map should be the same scale as other exhibits, i.e. Site Plan, etc. 1. GENERAL INFORMATION rl/A Oa. Major ridge lines. Db. Riparian or woodlands. P-2 De. Intermittent drainage course. Od. 25 -40% slopes. De. Greater than 40% slopes. Of. Major rock outcroppings. Og. Easements. Oh. Floodways. Oi. Archaeological sites. (Do not identify location. List in map legend if present.) Oj. Special Planning Areas -Type of special planning area. Ok. Biological Habitats. Indicate the location of all vegetation communities existing on the project site. (Use Modified Holland System as described in the Multiple Habitat Conservation Plan.). 01 Beaches. Om. Permanent bodies of water. On. Wetlands. Do. Land subject to major power transmission easements. Op. Railroad track beds. Page 5 of9 Revised 07/10 E. COLORED SITE PLAN AND ELEVATION PLAN -Not required with first submittal. It is the Applicant's responsibility to bring one (1) copy of a colored site plan and one (1) set of colored elevations to the Planning Division by 12:00 noon, eight (8) days prior to the Planning Commission meeting. Do not mount exhibits. II. REQUIRED DOCUMENTS AND SUBMITIAL ITEMS f. Completed Land Use Review Application Form. . Coastal Development Permit Supplemental Application (if applicable). ~-Environmental Impact Assessment Form (Fee not required with initial submittal. Fee to be ~ determined after review of project and environmental impact assessment form.) Required for tentative parcel maps only where a significant grading is proposed. Check with Planning staff to determine if required for your application. Disclosure Statement. (Not required for tentative parcel maps.). Two {2) copies of the Preliminary Title Report (current within the last six (6) months). ~-Proof of availability of sewer if located in the Leucadia Waste Water District or the Vallecitos Water District. ~-Statement of agreement to waive tentative parcel map time limits. Required only when project (tentative parcel map) requires concurrent processing of planning application or environmental review. ~ All projects must evaluate their potential impacts on the regional transportation system, including .. \1.&... the costs of mitigating the associated impacts, as required by the SANDAG Congestion ~ Management Program (CMP). or. P-2 For projects with an average daily traffic (ADT) generation rate greater than 500 vehicles per day or 200 or more peak-hour vehicle trips. Submit two (2) copies of a Circulation Impact Analysis for the project. The analysis must be prepared by a Registered Traffic Engineer or Registered Civil Engineer. The analysis must show project impacts to all intersections and road segments identified as impacted within the included Local Facilities Management Plan or as otherwise determined in discussions with staff. The following minimum information should be included with the study: 1. 8W' x 11" or 8W' x 14" plats showing zone impacted roads, background and project AM and PM peak hour impacts and traffic distribution. 2. Project traffic generation rates and traffic assignment. 3. Necessary calculations and/or analysis to determine intersection and road segment levels of service. 4. Any proposed mitigation requirements to maintain the Growth Management public facility performance standards. 5. On Collector streets and above, an analysis of the need for a traffic signal will be required. "Large" projects: Any project which, upon its completion will be expected to generate either an equivalent of 2,400 or more average daily vehicle trips or 200 or more peak-hour vehicle trips, including large projects that may have already been reviewed under CEQA but require additional local discretionary actions, is defined as a "large project" under the SANDAG Congestion Management Program (CMP) and will be subject to enhanced CEQA review as specified in the CMP. Depending upon the complexity of the project, the City of Carlsbad reserves the right to require a traffic study on any project. Two .s of~~all~oils/geologic report for al~rojects with cut or fill depths exceeding 5 feet. • ~ ~'M C.,1·~.J•e.fla For all condominium conversions, a signed statement by the owner stating Section 66427.1 of the State Map Act will be complied with. Page 6 of9 Revised 07/10 ~ For all condominium conversions, a letter from San Diego Gas and Electric stating that plans to convert the gas and electric system to separate systems have been submitted and are acceptable. ~ For all condominium conversions, one {1) copy of a compliance inspection performed by the Building Department. {Separate fee required.). -+0-tf!F:141!'1.-For projects larger than 1-acre, a Preliminary Hydrology Study including map and calculations to '· demonstrate capacity/sizing of proposed and existing storm drain infrastructure. Show before .... and after discharges to each included drainage basin. Depending upon the complexity of the b ~ project, a Preliminary Hydrology Study may be required on any project. . EIG. Two copies of a completed and signed "Storm Water Standards Questionnaire." This form can be found on the City's website: http://www.carlsbadca.gov/business/building/Documents/E- 34.pdf {Distribute copy to Land Development Engineering). ~ If, when completing the Storm Water Standards Questionnaire, the project is defined as a "Priority Project," submit a preliminary Storm Water Management Plan {SWMP) prepared in accordance with the City Standard Urban Storm Wat~g~tion PI¥~) per the City of Carlsbad Land Development Engineering Standards. • (...,. • Completed "Project Description/Explanation" sheet. Signed "Notice of Time Limits on Discretionary Applications." Noise study consistent with City of Carlsbad Noise Guidelines Manual. Biological resource, cultural resource, and/or other environmental studies that are necessary to make an environmental determinati·~·:· EIR, ~ga!!._v~ Declaration or Exemption) and to determine compliance with the HMP. C.'T•O;J.•oro Signed "Hazardous Waste and Substance Statement" form. Provide color board{s) {no larger than 9" x 12"), showing building materials and color samples of glass, reveals, aggregate, wood, etc. Photographs of the property from the north, south, east and west. Digital copy of Tentative Map along with required number of hard copy maps. Fees: See Fee Schedule for amount. Early Public Notice Package. Ill. SPECIFIC PROJECT REQUIREMENTS O:At. For Density Bonus Projects: A letter signed by the present owner stating what specific incentives are being requested from the City. For any development standards modification or other additional incentive requested, the applicant shall submit a project pro-forma to demonstrate that the standards modification or other requested incentive is necessary to make the project economically feasible. A detailed vicinity map showing the project location and such details as the location of the nearest commercial retail, transit stop, potential employment locations, park or recreation facilities or other social or community service facilities. For condominium conversion requests, a report documenting the following information for each unit proposed to be converted: the monthly income of tenants of each unit throughout the prior year, the monthly rent for each unit throughout the prior year and vacancy information for each unit throughout the prior year. Identify the number and location of lower income dwelling units. +-+t!'!llfior Senior Citizen Housing Projects: P-2 A letter signed by the present owner stating what specific incentives are being requested from the City. For any development standards modification or other additional incentive requested, the applicant shall submit a project pro-forma to demonstrate that the standards modification or other requested incentive is necessary to make the project economically feasible. A detailed vicinity map showing the project location and such details as the nearest market, transit stop, park or recreation area, medical facilities or other related uses or services likely to be patronized by senior citizens. Page 7 of9 Revised 07/10 P-2 ------------------- 3. Five (5) copies of floor plans for each different type of unit indicating a typically furnished apartment, with dimensions of doorways, hallways, closets and cabinets. 4. Five (5) copies of floor plans showing any common areas and accommodations. 5. Identify the number and location of lower income inclusionary dwelling units. 6. A plan for monitoring age restrictions for all units and income restrictions for designated inclusionary units . . In-fill Residential Projects: Residential Projects with two or more dwelling units that: (1) are bordered on a minimum of two sides (property lines) by existing single family residential development and (2) require a discretionary permit (excluding a Minor Coastal Development Permit, Coastal Development Permit for a single family residence and/or second dwelling unit, or a permit for a condominium conversion) shall be required to: 1. Post project notices on the project site pursuant to Planning Division Administrative Policy No. 37. This requirement is not applicable to residential development applications that are already subject to the City's Early Public Notice requirements (see Application Form P-21 ). 2. Submit project photo-simulation exhibits to the Planning Division upon determination that the project application is complete. The photo simulation exhibits should be scaled representations of the project, as viewed from adjacent streets and adjacent developed single- family residential properties . . Wireless Communication Facilities: Wireless Communication Facilities (WCF) are allowed in all zones (excluding the L-C zone) with the approval of a conditional use permit (CUP) or minor conditional use permit (MCUP). See the applicable Zone and Zoning Ordinance Section 21.42.1408.165 for details. All proposed WCFs shall follow the City's guidelines (see City Council Policy No. 64, Wireless Communication Facilities) in the design of CUPs and MCUPs for new wireless facilities as well as extensions and amendments to CUPs and MCUPs for existing installations. This policy applies to all commercial providers of wireless communication services. It does not apply to amateur (HAM) radio antennas and dish and other antennas installed on a residence for an individual's private use. Notes on submitting applications for new or existing WCFs: 1. Submittals for new and amended WCFs shall follow the application requirements outlined elsewhere in this handout plus the specific WCF submittal provisions of City Council Policy 64, including the Application and Review Guidelines. 2. For extensions of existing CUPs and MCUPs, or for existing CUPs proposing to convert to MCUPs, only one set of project plans, rather than multiple copies, needs to be submitted. The one set of plans may be copies of those already approved. Applicants are encouraged to talk with staff before submitting an application to convert a CUP to a MCUP. 3. Per Performance Guideline 5 of City Council Policy 64, a report demonstrating compliance with FCC RF Exposure Guidelines must be submitted with each time extension or amendment request and, for new WCFs, within six (6) months after the issuance of occupancy. II WCF applications are evaluated or re-evaluated to assess consistency with City Council Policy , · eluding the appropriateness of the existing facility's technology, and the applicant must document that the WCF maintains the technology that is the smallest, most efficient, and least visible and that there are not more appropriate and available locations for the facility, such as the opportunity to collocate or relocate to an existing building. Page 8 of9 Revised 07/10 P-2 - 1. Two (2) sets of the hydrology and hydraulic calculations. Include HEC-1 and HEC-2 computer printouts with appropriate annotations to clarify readouts. 2. Two (2) copies of all required certifications listed in Section 21.110.150{4) of the Municipal Code signed and sealed by a registered Civil Engineer or other appropriately licensed professional . . CommerciaiNisitor-Serving Overlay Zone: 1. Prior to filing an application for a Conditional Use Permit for a CommerciaiNisitor-Serving use within the Overlay zone, the applicant shall make a Preliminary Review (Pre-filing) submittal. 2. Projects within the CommerciaiNisitor-Serving Overlay Zone shall submit a proposed sign program as part of this application. The program shall be provided as separate exhibits and should include the following information: proposed sign location, dimensions, area, materials, sign copy and colors. TE: When the application is tentatively scheduled to be heard by the decision making body, the project planner will contact the applicant and advise him to submit the public hearing notice package including the radius map, two sets of the property owners list and labels. The applicant shall be required to sign a statement certifying that the information provided represents the latest equalized assessment rolls from the San Diego County Assessor's Office. The project will not go forward until this information is received. Page 9 of9 Revised 07/10 ACTION by WRITTEN CONSENT of the GENERAL PARTNER of NP YUCAIPA ACQUISITION LP The undersigned, being the General Partner (the "GP") ofNP YUCAIPA ACQUISITION LP, a Delaware limited liability company (the "Company"), hereby adopt the following resolutions by written consent, without a meeting, effective as of December 15, 2011: Carlsbad 16 Signing Authority WHEREAS, the Company is the owner of certain real property located in Carlsbad, CA, more commonly known as Carlsbad 16 (the "Project"); WHEREAS, pursuant to the Development Management Agreement dated September 20, 2011, TNHC Realty and Construction Inc., a Delaware corporation, is the Project Manager (the ''Project Manager''); WHEREAS, the Project Manager has been engaged to manage the planning, development, construction, marketing and operation of the Project and the sale of homes; WHEREAS, TNHC Realty and Construction Inc. is required from time to time to execute agreements and other documents related to the Project on behalf of the Company; WHEREAS, the GP has determined that it is in the best interests of the Company to grant signing authority to TNHC Realty and Construction Inc. as an Authorized Representative, in each instance upon approval from the Company; NOW THEREFORE, BE IT RESOLVED, that the Company be and hereby is authorized and directed to grant signing authority to TNHC Realty and Construction Inc., as an Authorized Representative which shall be exercised in each instance upon approval from the Company, and this action is hereby ratified, approved and confirmed in all respects; RESOLVED FURTHER, that the authority given hereunder shall be deemed retroactive and any actions authorized herein and performed prior to the passage of these resolutions is hereby ratified, confirmed and approved in all respects; RESOLVED FURTHER, that this Action by Written Consent of the GP may be executed in counterparts, each of which shall be deemed an original, but all of which together, shall constitute one and the same document. IN WITNESS WHEREOF, the undersigned, being the GP of NP YUCAIPA ACQUISITION LP, has caused this Action by Written Consent to be executed as of the date first written above: ~----------------------~·~r---------------------------~;:f .. ·--------------------~ «~i' ~ CITY OF CARLSBAD HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): ~ The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. 0 The development project and any alternatives proposed in this application !!§.contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT Name: NP Yucaipa Acquisition LP Address: 95 Enterprise, Suite 325 Aliso Viejo, CA 92656 Phone Number: 949-382-7818 PROPERTY OWNER Name: same as owner Address: _________ _ Phone Number:. __________ _ Address of Site: Generally located on the east side of Black Rail Road between Poinsettia Lane & Corte Orchidia Local Agency (City and County): City of Carlsbad; County of San Diego Assessor's book, page, and parcel number:_2_1_5-_9_5_0_-3_9_t_h_u_r_5_6 ____________ _ Specify list(s):...:N;..;;/~A~--------------------------- Regulatory Identification Number:-=N~/~A.;:__ ____________________ _ Date of List: N/ A ---------------------------------------------- Applicant Signature/Date Property Owner Signature/Date ~ ~ \<.A..vJ~I Fd~ N P Yvc."l?A ~(..&~~ \...? The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1(C) Page 1 of2 Revised 07/10 ~<~' ~ CITY OF CARLSBAD TIME LIMITS ON DISCRETIONARY PROJECTS P-1(E) PLEASE NOTE: Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calendar days from the date of application submittal to determine whether an application is complete or incomplete. Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete. If it is incomplete, the letter will state what is needed to make this application complete. When the application is complete, the processing period will start upon the date of the completion letter. If you have any questions regarding application submittal requirements (i.e., clarification regarding a specific requirement or whether all requirements are necessary for your particular application) please call (760) 602-4610. Applicant Signature.== __ ;:::::::>z.-: ____ -_~_:r._-_,.,_-=== __________ ~_-___..:;.~....:: \<A~..+~ .. ~\ Staff Signature: Date: To be stapled with receipt to the application P-1(E) Page 1 of 1 Revised 07/10 «~ ~ CITY OF CARLSBAD INSTRUCTIONS: c STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Land Development Engineering ·· 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov To address post-development pollutants that may be generated from development projects, the City requires that new development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management Practices (BMP's) into the project design per the City's Standard Urban Stormwater Management Plan (SUSMP). To view the SUSMP, refer to the Engineering Standards (Volume 4, Chapter 2) at www.carlsbadca.gov/standards. Initially this questionnaire must be completed by the applicant in advance of submitting for a development application (subdivision, discretionary permits and/or construction permits). The results of the questionnaire determine the level of storm water standards that must be applied to a proposed development or redevelopment project. Depending on the outcome, your project will either be subject to 'Standard Stormwater Requirements' or be subject to additional criteria called 'Priority Development Project Requirements'. Many aspects of project site design are dependent upon the storm water standards applied to a project. Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts. City staff has responsibility for making the final assessment after submission of the development application. If staff determines that the questionnaire was incorrectly filled out and is subject to more stringent storm water standards than initially assessed by you, this will result in the return of the development application as incomplete. In this case, please make the changes to the questionnaire and resubmit to the City. If you are unsure about the meaning of a question or need help in determining how to respond to one or more of the questions, please seek assistance from Land Development Engineering staff. A separate completed and signed questionnaire must be submitted for each new development application submission. Only one completed and signed questionnaire is required when multiple development applications for the same project are submitted concurrently. In addition to this questionnaire, you must also complete, sign and submit a Project Threat Assessment Form with construction permits for the project. Please start by completing Section 1 and follow the instructions. When completed, sign the form at the end and submit this with your application to the city. !SECTION 1 NEW DEVELOPMENT Does your project meet one or more of the following criteria: YES NO 1. Housing subdivisions of 10 or more dwelling units. Examples: single family homes. multi-family homes, X condominium and apartments 2. Commercial-greater than 1-acre. Any development other than heavy industry or residential. Examples: hospitals; laboratories and other medical facilities; educational institutions; recreational facilities; municipal facilities; commercial nurseries; multi-apartment buildings; car wash facilities; mini-malls and other business complexes; shopping malls; hotels; office buildings; public warehouses; automotive dealerships; airfields; and other liaht industrial facilities. 3. Heavy Industrial/Industry· greater than 1 acre. Examples: manufacturing plants, food processing plants, metal working facilities, printing plants, and fleet storage areas (bus, truck, etc.). 4. Automotive repair shop. A facility categorized in any one of Standard Industrial Classification (SIC) codes 5013, 5014, 5541, 7532-7534, and 7536-7539 5. Restaurants. Any facility that sells prepared foods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption (SIC code 5812), where the land area for development is greater than 5,000 square feet. Restaurants where land development is less than 5,000 square feet shall meet all SUSMP requirements except for structural treatment BMP and numeric sizing criteria requirements and hydromodification requirements. E-34 Page 1 of3 REV 1/14/11 6. 7. 8. 9. «~ ~ CITY OF CARLSBAD c STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www .carlsbadca.gov Hillside development. Any development that creates more than 5,000 square feet of impervious surface and is located in an area with known erosive soil conditions, where the development will grade on any natural slope that is twenty-five percent (25%) or areater. EnvironmentallY Sensitive Area CESAJ 1• All development located within or directly adjacenf to or discharging directly3 to an ESA (where discharges from the development or redevelopment will enter receiving waters within the ESA), which either creates 2,500 square feet or more of impervious surface on a proposed project site or increases the area of imperviousness of a proposed project site 10% or more of its naturally occurring condition. Parking lot. Area of 5,000 square feet or more, or with 15 or more parking spaces, and potentially exposed to urban runoff Streets. roads. highways. and freeways. Any paved surface that is 5,000 square feet or greater used for the transportation of automobiles, trucks, motorcycles, and other vehicles 10. Rl},t§.il Gasoline Outlets. Serving more than 100 vehicles per day and greater than 5,000 square feet 11. Coastal Development Zone. Any project located within 200 feet of the Pacific Ocean and (1) creates more than 2500 square feet of impervious surface or (2) increases impervious surface on property by more than 10%. 12. More than 1-acre of disturbance. Project results in the disturbance of 1-acre or more of land and is considered a Pollutant-generating Development Project4. .. 1 EnVIronmentally Sensntve Areas mclude but are not hm1ted to all Clean Water Act Sect1on 303(d) 1mpa1red water bod1es, areas designated as Areas of Spec1al Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water bodies designated with the RARE beneficial use by the State Water Resources Control Board {Water Quality Control Plan for the San Diego Basin {1994) and amendments); areas designated as preserves or their equivalent under the Multi Species Conservation Program within the Cities and County of San Diego; and any other equivalent environmentally sensitive areas which have been identified by the Copermittees. 2 "Directly adjacent" means situated within 200 feet of the Environmentally Sensitive Area. 3 "Discharging directly to' means outflow from a drainage conveyance system that is composed entirely of flows from the subject development or redevelopment site, and not commingled with flow from adjacent lands. 4 Pollutant-generating Development Projects are those projects that generate pollutants at levels greater than background levels. In general, these include all projects that contribute to an exceedance to an impaired water body or which create new impervious surfaces greater than 5000 square feet and/or introduce new landscaping areas that require routine use of fertilizers and pesticides. In most cases linear pathway projects that are for infrequent vehicle use, such as emergency or maintenance access, or for pedestrian or bicycle use, are not considered Pollutant-generating Development Projects if they are built with pervious surfaces or if they sheet flow to surrounding pervious surfaces. INSTRUCTIONS: Section 1 Resy Its: If you answered YES to ANY of the questions above, your project is subject to Priority Development Project requirements. Skip Section 2 and please proceed to Section 3. Check the "meets PRIORITY DEVELOPMENT PROJECT requirements" box in Section 3. Additional storm water requirements will apply per the SUSMP. If you answered NO to ALL of the questions above, then please proceed to Section 2 and follow the instructions. E-34 Page 2 of3 REV 1/14/11 «~ ~ CITY OF CARLSBAD STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services land Development Engineering 1635 Faraday Avenue 760-602-2750 www .carlsbadca.gov I SECTION2 SIGNIFICANT REDEVELOPMENT INSTRUCTIONS: Complete the questions below regarding your project YES NO 1. Project results in the disturbance of 1-acre or more of land and is considered a Pollutant-generating Development Project*? INSTRUCTIONS: If you answered NO, please proceed to question 2. If you answered YES, then you ARE a significant redevelopment and you ARE subject to PRIORITY DEVELOPMENT PROJECT requirements. Please check the "meets PRIORITY DEVELOPMENT PROJECT requirements" box in Section 3 below. 2. Is the project redeveloping an existing priority project type? (Priority projects are defined in Section 1) INSTRUCTIONS: If you answered YES, please proceed to question 3. If you answered NO, then you ARE NOT a significant redevelopment and your project is subject to STANDARD STORMWATER REQUIREMENTS. Please check the "does not meet PDP reg_uirements" box in Section 3 below. 3. Is the work limited to trenching and resurfacing associated with utility work; resurfacing and reconfiguring surface parking lots and existing roadways; new sidewalk; bike lane on existing road and/or routine maintenance of damaged pavement such as pothole repair? Resurfacing/reconfiguring parking lots is where the work does not expose underlying soil during construction. INSTRUCTIONS: If you answered NO, then proceed to question 4. If you answered YES, then you ARE NOT a significant redevelopment and your project is subject to STANDARD STORMWATER REQUIREMENTS. Please check the "does not meet PDP requirements" box in Section 3 below. 4. Will your redevelopment project create, replace, or add at least 5,000 square feet of impervious surfaces on existing developed property or will your project be located within 200 feet of the Pacific Ocean and (1) create 2500 square feet or more of impervious surface or (2) increases impervious surface on the property by more than 10%? Replacement of existing impervious surfaces includes any activity that is not part of routine maintenance where impervious material(s) are removed, exposing underlying soil during construction. INSTRUCTIONS: If you answered YES, you ARE a significant redevelopment, and you ARE subject to PRIORITY DEVELOPMENT PROJECT requirements. Please check the "meets PRIORITY DEVELOPMENT PROJECT requirements" box in Section 3 below. Review SUSMP to find out if SUSMP requirements apply to your project envelope or the entire project site. If you answered NO, then you ARE NOT a significant redevelopment and your project is subject to STANDARD STORMWATER REQUIREMENTS. Please check the 'does not meet PDP requirements" box in Section 3 below. . ... for deftmtton see Footnote 4 on page 2 SECTION 3 QUESTIONNAIRE RESULTS []I My project meets PRIORITY DEVELOPMENT PROJECT (PDP) requirements and must comply with additional stormwater criteria per the SUSMP and I understand I must prepare a Storm Water Management Plan for submittal at time of application. I understand flow control (hydromodification) requirements may apply to my project. Refer to SUSMP for details. Cl My project does not meet PDP requirements and must only comply with STANDARD STORMWATER REQUIREMENTS per the SUSMP. As part of these requirements, I will incorporate low impact development strategies throughout my_project. Applicant Information and Signature Box Address: Zephyr Court Applicant Name: Stephen Jordan Assessor's Parcel Number(s): 215-950-39 thru 56 Applicant Title: Director Planning & Land Development A Storm Water Management Plan (SWMP) was previously submitted and approved in conjunction with this project with Tentative Map CT-03-06. The SWMP will be updated as necessary in conjunction with the Precise Grading Plan for this project. E-34 Page 3 of 3 This Box for City Use Only City Concurrence: I YES I NO I I By· Date: ProjeciiD· REV 1/14/11 0 0 City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 111~1111111111111111m1111 Applicant: LIGHTFOOT PLANNING GROUP/NIEBAUM DAN Description Amount CDP12013 3,716.55 1600 ZEPHYR CT CBAD Receipt Number: R0089960 Transaction ID: R0089960 Transaction Date: 06/12/2012 Pay Type Method Description Amount Payment Check 3,716.55 Transaction Amount: 3,716.55 City of Carlsbad Faraday Center Faraday Cashiering 001 1216401-3 06/12/2012 98 Tue, Jun 12, 2012 02:38 PM Receipt Ref Nbr: R1216401-3/0014 PERMITS -PERMITS Tran Ref Nbr: 121640103 0014 0014 Trans/Rcpt#: R0089960 SET #: CDP12013 Amount: Item Subtota 1 : Item Tot a 1: ITEM(S) TOTAL: Check (Chk# 322271724) Total Received: Have a nice day! 1 @ $3,716.55 $3,716.55 $3,716.55 $3,716,55 $3,716.55 $3,716.55 **************CUSTOMER COPY************* _4f~_A C IT Y 0 F VcARLSBAD c Planning Division NOTICE OF FINAL ACTION· COASTAL DEVELOPMENT PERMIT 0 FILE COPY www.carlsbadca.gov The following project is located within the City of Carlsbad Coastal Zone. A coastal permit application for the project has been acted upon. SENT TO COASTAL COMMISSION ON __ ..::::O:.:::.ct'""o'""'b"""er'-'1:::5,._, .,_20:::.:1:.:2'---- Application #: "'"CD:::.:-P -=1.,_2--=1:=3 ___________ _ Filing Date: October 15, 2012 Case Name: Zephyr Court Subdivision Decision Date: October 3, 2012 Applicant: NP Yucaipa Acquisition. LP Agent (if different): The Lightfoot Planning Group Address: 95 Enterprise, Suite 325, Aliso Viejo, CA 92656 Address: 5900 Pasteur Court, Suite 110, Carlsbad, CA 92008 Phone: 949-382-7818 Phone: 760.692.1924 ext. 230 Project Description: A Coastal Development permit to allow for the construction of 16 single family residences on a 5.64 acre site. Project Location: Generally located on the east side of Black Rail Road, south of Poinsettia Lane, in the Mello II Segment of the Local Coastal Program. ACTION: D APPROVED IZl APPROVED WITH CONDITIONS D DENIED (Copy of final resolution/decision letter is sent to: Coastal Commission, any.persons who specificallvrequested it, and the applicant). COASTAL COMMISSION APPEAL STATUS: iZI NOT APPEALABLE TO THE COASTAL COMMISSION. D APPEALABLE TO THE COASTAL COMMISSION pursuant to Coastal Act Section 30603. An aggrieved person may appeal this decision to the Coastal Commission within ten (10) working days following Coastal Commission receipt of this notice. Applicants will be notified by the Coastal Commission as to the date the Coastal Commission's appeal period will conclude. Appeals must be made in writing to the Coastal Commission's district office at the following address: California Coastal Commission, 7575 Metropolitan Dr., Suite 103, San Diego, California 92108-4402, Telephone (619) 767-2370. Attachment: -Location Map to CCC for non-appealable COPs -Staff Report to CCC for appealable COPs The time within which judicial review of this decision must be sought is governed by Code of Civil Procedures, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than ninety {90} days following the date on which this decision becomes final; however, if within ten (10) days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cast of preparation of such a record, the time within which such petition may be filed in court is extended to not later than thirty {30} days following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California 92008. 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 g ~ 1----1 0 1----r---, ;:: ii)l----t-----1 SITE MAP CORTE ORCHIDIA • N NOT TO SCALE Zephyr Court Subdivision COP 12-13 .df~_A. CITY OF VcARLSBAD c Planning Division www.carlsbadca.gov October 11, 2012 The lightfoot Planning Group Dan Niebaum, AICP 5900 Pasteur Court, Suite 110 Carlsbad, CA 92008 SUBJECT: NOTICE OF RESTRICTION/MULTI-IMPACTS NOTICE -COP 12-13 -ZEPHYR COURT SUBDIVISION Dear Applicant: Please find the enclosed Notice of Restriction and Notice and Waiver concerning multi-impacts that need to be signed, notarized, and returned for recordation. This is to fulfill a condition of approval of the COP 12-13. Please ensure the following items are addressed prior to returning the Notices: ./ Correct Notary Acknowledgement Required (Effective January 1, 2008, all Certificates of Acknowledgement used by a California notary on a document that will be recorded in the State of California must NOT HAVE "PERSONALLY KNOWN TO ME" in the acknowledgement. (Assembly Bill 886, Chapter 399)) ./ Document must be properly notarized . ./ Name on signature page and name on Notarial Acknowledgement must match . ./ Property owner's signatures/initials must be the same as on Notary Acknowledgement . ./ Notary seal cannot be blurry/too light {County will not record the document if any portion of the Notary Seal is blurry or too light} ./ Include property owner's name in the designated space above the owner's signature . ./ Please pay particular attention to the signature requirements at the bottom of the signature page. It is our goal to assist you in getting the Notices recorded as expeditiously as possible. If you have any questions or need additional assistance, please contact Michele Masterson, Senior Management Analyst at (760) 602-4615 or via email at michele.masterson@carlsbadca.gov. Sincerely, ~z=~ GREG FISHER Assistant Planner c: CEO Senior Management Analyst File Copy T 760-602-4600 F 760-602-8559 ® (~CITY OF 0 0 FILE COPY Cf·eJ;l.O·/Ol.. ~CARLSBAD Community & Economic Development www.carlsbadca.gov NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you that the Planning Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Wednesday, October 3, 2012, to consider a request for the following: CASE NAME: CDP 12-13-Zephyr Court Subdivision PUBLISH DATE: September 21, 2012 DESCRIPTION: Request for approval of a Coastal Development Permit to allow for the construction of 16 single family residences on a 5.64 acre site generally located on the east side of Black Rail Road, south of Poinsettia Lane, in the Mello II Segment of the Local Coastal Program and within Local Facilities Management Zone 20. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing and provide the decision makers with any oral or written comments they may have regarding the project. Copies of the staff report will be available online at http://www.carlsbadca.gov/cityhall/meetings/Pages/meeting-videos.aspx on or after the Friday prior to the hearing date. If you have any questions, or would like to be notified of the decision, please contact Greg Fisher in the Planning Division at (760) 602-4629, Monday through Thursday 7:30 a.m. to 5:30 p.m., Friday 8:00 a.m. to 5:00p.m. at 1635 Faraday Avenue, Carlsbad, California 92008. APPEALS The time within which you may judicially challenge these projects, if approved, is established by State law and/or city ordinance, and is very short. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. o Appeals to the City Council: Where the decision is appealable to the City Council, appeals must be filed in writing within ten (10) calendar days after a decision by the Planning Commission. o Coastal Commission Appealable Project: D ~ ~ This site is located within the Coastal Zone Appealable Area. This site is not located within the Coastal Zone Appealable Area. Application deemed complete: 07/10/2012 Where the decision is appealable to the Coastal Commission, appeals must be filed with the Coastal Commission within ten (10) working days after the Coastal Commission has receiyed a Notice of Final Action from the City of Carlsbad. Applicants will be notified by the Coastal Commission of the date that their appeal period will conclude. The San Diego office of the Coastal Commission is located at 7575 Metropolitan Drive, Suite 103, San Diego, California 92108-4402. CITY OF CARLSBAD PLANNING DIVISION · · · .. Planning Division ~~-~~~-----------------------------------------------------~:: · 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® r [J""' I U'l ..D co ..D 1"- ::T co Cl 0 Cl Cl Cl co 1"-ru Cl ....=! Cl 1"- (Domestic Mail Only; No Insurance Coverage-ided) F F I C I L Postage $ 1--------1 Certified Fee Return Receipt Fee (Endorsement Required) 1---------1 Restricted Delivery Fee (Endorsement Required) c 0 p ......_...,.--..:;-crtt""""c,..,._,r+ us Postmark Here 7·/0•/<J Total Posta' California Coastal Commission Attn: Toni Ross Suite 103 7575 Metropolitan Drive San Diego, CA 92108-4402 , f'f' RPvPrs~ for lnstructiOI'S (t~ CITY OF ¥CARLSBAD 0 0 FILE COPY 7·10·1~ Community & Economic Development www.carlsbadca.gov I EARLY PUBLIC NOTICE PROJECT NAME: Zephyr Court Subdivision PROJECT NUMBERS: COP 12-13 This early public notice is to let you know that a Coastal Development Permit application to allow for the construction of 16 single family residences on a 5.64 acre site within your neighborhood has been submitted to the City of Carlsbad on June 12, 2012. The project application is undergoing its initial review by the City. LOCATION: Generally located on the east side of Black Rail Road, south of Poinsettia Lane, and north of Corte Orchidia. The vacant land is bordered by exiting residences and a water tank. PROJECT DESCRIPTION: Construct 16 one and two story single family residence with attached garages. The subdivision was previously approved on September 1, 2004. The Coastal Development Permit application is for the architecture and plotting of the 16 residences only. Please keep in mind that this is an early public notice and that the project design could change as a result of further staff and public review. A future public hearing notice will be mailed to you when this project is scheduled for public hearing before the Planning Commission. CONTACT INFORMATION: If you have questions or comments proposed project please contact Greg Fisher, Assistant greg.fisher@carlsbadca.gov, 760-602-4629, City of Carlsbad Planning Faraday Avenue, Carlsbad, CA 92008. regarding this Planner at Division, 1635 I ~-P_Ia_n_ni_n~g_D_iv_is_io_n __________________________________________________________ __ \lt71635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® 0 o NOTICE ~OF PROJECT APPLICATION PROJECT NAME· CARLSBAD 16 SUBDIVISION PROJECT NUMBER{S). COP 12-13 -------------------------PROJECT DESCRIPTION A COASTAL DEVELOPMENT PERMIT TO ALLOW FOR THE CONSTRUCTION OF 16 SINGLE-FAMILY RESIDENCES ON A 5 64 ACRE SITE CITY OF CARLSBAD PROJECT APPLICANT/ REPRESENTATIVE PLANNING DIVISION NP YUCAIPA ACQUISITION l P GREG FISHER-ASSISTANT PLANNER Tho Loghtfool Plannong Group GREG FISHER@CARLSBAOCA GOV DAN NIEBAUM (760) 602-4629 DANN@LIGHTFOOTPG COM (760) 692-1924 STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of North County Times Formerly known as the Blade-Citizen and The Times-, Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree number 171349, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: September 21st, 2012 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Escondido, California On this 21st, day of 012 Jane Allshouse NORTH COUNIY TIMES Legal Advertising .. . i>cARlsBAD Police Department www.carlsbadca.gov Date: June 19, 2012 To: Planning Tracking Desk-Planning Department From: J. Sasway, Crime Prevention Specialist, Carlsbad Police Department Subject: Zephyr Court-COP 12-13 Plan Review Recommendations Carlsbad Police Department's Crime Prevention Unit has provided the following optimal security recommendations. The purpose of this document is to safeguard property and public welfare by regulating and reviewing the design, construction, quality of materials, use and occupancy, location, and maintenance of all buildings and structures. The standards used in this document represent model international standards. Crime Prevention through Environmental Design The proper design and effective use of the built environment can lead to a reduction in the fear and incidence of crime and an improvement in the quality of life. The proper design influences this by positively affecting human behavior. The design includes the physical environment, the planned behavior of people, the productive use of space and an effective crime/loss prevention program. Natural Surveillance 1. Place and design physical features to maximize visibility. This will include building orientation, windows, entrances, walkways, landscape trees and shrubs, fences and any other physical obstruction. 2. Design the placement of persons and or activities to maximize surveillance possibilities. 3. Design lighting that provides for appropriate nighttime illumination of walkways, entrances and driveways. Natural Access Control 1. Use walkways, pavement, lighting and landscaping to clearly guide guests to and from selected entrances. 2. Use real or symbolic barriers like fences or landscaping to prevent and or discourage access to or from dark and or unmonitored areas. Provisions for territorial reinforcement 1. Use pavement treatments, landscaping and fences to define and outline ownership or property. Lighting 1. Equip building on all sides with light fixtures to create a blanket of the surrounds the building. A low level of light at night goes a long way. White florescent lights allow the best vision. 2. Install lights on the building in the eaves to illuminate the perimeter of the house. 3. Choose light fixtures with dawn to dusk sensors or timers not motion sensors. Landscaping ~~~~--------------------~~~~~==--------------~ ~~ 2560 Orion Way, Carlsbad, CA 92010-7240 T 760-931-2100 F 760-931-8473 c 1. Plan a landscaping design that enhances surveillance and security. 2. Tree canopies should be no lower than six (6) feet and should not allow access to roofs or balconies. 3. Ensure landscaping plan does not deter from lighting and addressing. 4. Plant only low profile shrubs that can be maintained below two (2) feet. 5. Use security plants where necessary to prevent entering and tampering. 6. Install walls and fences that are see-through and enhance surveillance. 7. Install lockable gates that allow surveillance. Addressing 1. Locate numerals where they are clearly visible from the front street 2. Contrast the numeral's color to the background on which it is affixed. 3. Numerals shall be no less than four {4) inches in height and illuminated during the hours of darkness. Entrances 1. Allow front entrance design to provide vision from the front door to the front access street. Removing the main entrance from the front street and blocking it with a breezeway, door and/or courtyard takes the resident's eyes and ears off the street reducing the residents ability to protect themselves and provide surveillance for their neighbors thus decreasing the overall security of the neighborhood and decreasing the quality of life for the resident. 2. Keep entranceways clear of clutter. Doors 1. Do not use of glass within 42 inches of a locking device. 2. A single or double door shall be equipped with a double cylinder dead bolt with a bolt projection exceeding one inch or a hook-shaped or expanding dead bolt that engages the strike sufficiently to prevent spreading. The deadbolt lock shall have a minimum of five-pin tumblers and a cylinder guard. 3. Install wooden doors of solid core construction with a minimum thickness of one and three-fourths (1-3/4) inches. 4. Provide a double door inactive leaf with metal flush bolts having a minimum embedment of five-eighths {5/8) of an inch into the header and footer of the doorframe. Strike Plates 1. Reinforce all dead bolt strike plates. Choose Strike plates constructed of a minimum 16 U.S. gauge steel, bronze, or brass and secure it to the jamb by a minimum of two screws, which should penetrate at least two (2) inches into the solid backing beyond the surface to which the strike is attached. Re-enforcement of the door area around the lock is also suggested. Viewer 1. Arrange entrance doors so that the occupant has a view of the area immediately outside the door without opening the door. Except doors requiring a fire protection rating that prohibits them, such a view may be provided by a door viewer having a field of view of not less than 190 degrees. Mounting height should not exceed fifty-four {54) inches from the floor. Windows and sliding glass doors 1. All exterior sliding glass doors and windows should be equipped with locking devices which will keep the sliding panel of the door or window from being opened from the outside horizontally or vertically. ... 2. Ensure windows have security features preventing the window from being forced to slide or rise. Alarm system 1. When considering an alarm system, consider a verified system. This information is a representation of information gathered on a national level. The purpose is to provide effective and consistent information. If you would like additional assistance concerning building security or employee security issues, please contact the Crime Prevention Unit at {760) 931-2105. By, Jodeene R. Sasway Crime Prevention Specialist Carlsbad Police Department {760) 931-2195 c 0 CARLSBAD FIRE DEPARTMENT FIRE PREVENTION BUREAU Discretionary Review Checklist PROJECT NUMBER: _C~D=....:P--'-12-'----13.::..__ ___________ -,-----_____ _ BUILDING ADDRESS: ZEPHYR CT --------------------------------------------------------- PROJECT DESCRIPTION: 16 SOU DEVELOPMENT ------------------------------------------------------ ASSESSOR'S PARCEL NUMBER: · FIRE DEPARTMENT APPROVAL The item you have submitted for review has been approved. The approval is based on plans, information and/or specifications provided in your submittal; therefore, any changes to these items after this date, including field modifications, must be reviewed by this office to insure continued conformance with applicable codes. Please review carefully all comments attached, as failure to comply with instructions in th:s report can result in suspension of permit to build. By: Date: ATTACHMENTS DENIAL Please see the attached report of deficiencies marked with 00. Make necessary corrections to plans or specifications for compliance with applicable codes and standards. Submit corrected plans and/or specifications to this office for review. By: (# ~ Date: 07.09.2012 By: ----------------Date: By: ----------------Date: FIRE DEPARTMENT CONTACT PERSON NAME: GREGORY RYAN DEPUTY FIRE MARSHAL ADDRESS: 1635 Faraday Ave Carlsbad,CA 92008 PHONE: (760) 602-4665 --, . "" .. 1ST 2NDr; 3Ror; fA 0 0 ~ D 0 D 0 c 0 REVIEW CHECKLIST LANDSCAPE 1. Distance form structure or building to brush . .( Fire Control maintenance responsibility. Provide a maintenance plan which identifies who will be responsible for periodic fire control maintenance, how it will be accomplished, what maintenance benchmarks or standards are proposed and how they will be documented. 2:, Access for emergency vehicles and maintenance. Provide access to all designated fire suppression zones for emergency vehicles and maintenance. FIRE SPRINKLERS 1. 2. An automatic fire sprinkler systems are required for all dwellings: Provide notes on all plans submitted for review that indicate that fire sprinklers are required. WATER METERS 4. You will be required to install a one inch (1 ")or greater water service and water meter. This is to ensure that there is adequate water provided in the event of a fire sprinkler activation during periods of other uses and/or demands, e.g. irrigation. 0 CITY OF CARLSBAD REVIEW AND COMMENT MEMO 0 DATE: JUNE 13, 2012 PROJECT NO(S): COP 12-13 --------------------------------- PROJECT TITLE: ZEPHYR COURT SUBDIVISION APPLICANT: THE LIGHTFOOT PLANNING GROUP/DAN NIEBAUM TO: ~ ~ ~ • D D D ~ D D D D D Land Development Engineering-Terie Rowley Police Department-J. Sa sway Fire Department-Greg Ryan Building Department-Will Foss Recreation-Mark Steyaert Public Works Department (Streets)-Nick Roque _________________ Water/Sewer District Landscape Plancheck Consultant-PELA _____________ School District North County Transit District-Planning Department Sempra Energy-Land Management Caltrans (Send anything adjacent to 1-5) Parks/Trails-Liz Ketabian *ALWAYS SEND EXHIBITS FROM: PLANNING DEPARTMENT ~~~~': ;~:~~::"~.'Pu0b,;"~te~;i:~·~:~smF:~~:;~~~~~~~!f{:~ ~~~.~~~~N:.~::.~. please so state. If you determine that there are items that need to be submitted to deem the application "complete" for processing, please immediately contact the applicant and/or their representatives (via phone or e-mail) to let them know. I Signature ~~/fz_ =+;--D~a_t_e __________ _ PLANS ATTACHED Review & Comment 03/10 e ' . . ' CARLSBAD FIRE DEPARTMENT FIRE PREVENTION BUREAU Discretionary Review Checklist PROJECT NUMBER: _C~D~P~1~2-~1~3 ____________________________________ __ BUILDING ADDRESS: -=Z=E=-=-P-=-H_:_:Y_:_R.:_C.:_T.:.__ ________________ _ PROJECT DESCRIPTION: _1.:_:6~S=-=D=--:U=-=D-=E_:_V=EL::..:O=-:P_:M.:.:.:E=-:.N_:_T:___ ___________ _ ASSESSOR'S PARCEL NUMBER: · FIRE DEPARTMENT APPROVAL The item you have submitted for review has been approved. The approval is based on plans, information and/or specifications provided in your submittal; therefore, any changes to these items after this date, including field modifications, must be reviewed by this office to insure continued conformance with applicable codes. Please review carefully all comments attached, as failure to comply with instructions in th's report can result in suspension of permit to build. By: Date: ATTACHMENTS DENIAL Please see the attached report of deficiencies marked with [81 Make necessary corrections to plans or specifications for compliance with applicable codes and standards. Submit corrected plans and/or specifications to this office for review. Date: 07.09.2012 By: ________ Date: By: Date: FIRE DEPARTMENT CONTACT PERSON NAME: GREGORY RYAN DEPUTY FIRE MARSHAL ADDRESS: 1635 Faraday Ave Carlsbad, CA 92008 PHONE: (760) 602-4665 0 0 0 0 c REVIEW CHECKLIST LANDSCAPE 1. Distance form structure or building to brush. Fire Control maintenance responsibility. Provide a maintenance plan which identifies who will be responsible for periodic fire control maintenance, how it will be accomplished, what maintenance benchmarks or standards are proposed and how they will be documented. 'f Access for emergency vehicles and maintenance. Provide access to all designated fire suppression zones for emergency vehicles and maintenance. FIRE SPRINKLERS 1. An automatic fire sprinkler systems are required for all dwellings: 2. Provide notes on all plans submitted for review that indicate that fire sprinklers are required. WATER METERS 4. You will be required to install a one inch (1 ")or greater water service and water meter. This is to ensure that there is adequate water provided in the event of a fire sprinkler activation during periods of other uses and/or demands, e.g. irrigation. CITY OF CARLSBAD L1 FILE REVIEW AND COMMENT MEMO DATE: JUNE 13, 2012 PROJECT NO{S): COP 12-13 REVIEW NO: 1 -----------------------------------------~ PROJECT TITLE: ZEPHYR COURT SUBDIVISION APPLICANT: THE LIGHTFOOT PLANNING GROUP/DAN NIEBAUM TO: -• ~ • D D D • ' ' 0 D D D D Land Development Engineering-Terie Rowley Police Department-J. Sa sway Fire Department-Greg Ryan Building Department-Will Foss Recreation -Mark Steyaert Public Works Department (Streets)-Nick Roque _______________________ Water/Sewer District Landscape Plancheck Consultant-PELA _____________ School District North County Transit District-Planning Department Sempra Energy-Land Management Caltrans (Send anything adjacent to 1-5) Parks/Trails-Liz Ketabian *ALWAYS SEND EXHIBITS FROM: PLANNING DEPARTMENT ~~~~': ;;:~~::"~.':.b;~~.~;;~~·~~~smF:~."::;~~~:','"~~~~~i~~i~~!~~~~Z:~N!.~~~: please so state. If you determine that there are items that need to be submitted to deem the application "complete" for processing, please immediately contact the applicant and/or their representatives (via phone or e-mail) to let them know. Thank you COMMENTS: _________________________ _ Signature Date PLANS ATIACHED Review & Comment 03/10 c LJ FILE Planning Division July 10, 2012 www.carlsbadca.gov NP Yucaipa Acquisition, LP The New Home Company 95 Enterprise, Suite 325 Aliso Viejo, CA 92656 SUBJECT: 1st REVIEW FOR COP 12-13-ZEPHYR COURT SUBDIVISION Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Division has reviewed your Coastal Development Permit, application no. CDP 12-13, as to its completeness for processing. The application is complete, as submitted. Although the initial processing of your application may have already begun, the technical acceptance date is acknowledged by the date of this communication. The City may, in the course of processing the application, request that you clarify, amplify, correct, or otherwise supplement the basic information required for the application. In addition, you should also be aware that various design issues may exist. These issues must be addressed before this application can be scheduled for a hearing. The Planning Division will begin processing your application as of the date of this communication. At this time, the City asks that you provide four complete sets of the corrected development plans so that the project can continue to be reviewed. The City will complete the review of your resubmittal within 25 days. In order to expedite the processing of your application, you are strongly encouraged to contact your Staff Planner, Greg Fisher, at (760) 602-4629, to discuss or to schedule a meeting to discuss your application and to completely understand this letter. You may also contact each commenting department individually as follows: • Land Development Engineering Division: Steve Bobbett, Associate Engineer, at (760) 602-2747. • Fire Department: Fire Inspections, at (760) 602-4661. Sincerely, ~'~~ CHRIS DeCERBO Principal Planner CD:GF:sm Attachments c: Don Neu, City Planner Steve Bobbett, Project Engineer Chris DeCerbo, Principal Planner File Copy Data Entry 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® "cbP-12-13.::. ZEPHYR COURT SUBDIVISION July 10, 2012 Page 2 ISSUES OF CONCERN Planning: 1. Lots 3, 5, 7, 10 and 11 do not comply with the minimum interior side yard setback requirement. Please reconfigure the proposed footprint for each of these lots to comply with Section 21.10.070 of the CMC. As a reminder, the minimum interior side yard setback requirement is equal to 1 0% of the lot width as measured at the front yard setback line. 2. Please add a separate column to the "lot data" table shown on page C1.2 to include the interior side yard setback (required & provided) for each lot. 3. Please provide documentation demonstrating compliance with City Council Policy 44. A template of CC Policy 44 can be obtained from the City web site or via email from the project planner. 4. Regarding Lots 4 and 6, please reconfigure/move the text on Sheet C1.1 so that the interior court yard boundaries are clearly identified. 5. Provide the abbreviated model plan (e.g., Plan 1 -SR) as indicated on the site plan on the floor plans. 6. The left and right side elevations for Plan 3-American Classic are incorrectly labeled, please correct. 7. Please verify that the each garage has a minimum interior garage dimension of 20' x 20'. 8. As proposed, staff has concerns with the retaining walls along the western edge of Lot 16. The maximum allowed height of a fence/wall is six feet when located within a side yard. Retaining walls taller than three feet in height require a 36 inch high safety railing. As shown on the site plan, the approximate 3 % foot tall retaining wall will require a safety railing and the total combined fence/wall height will exceed six feet. Engineering: 1. The top of slope between Lots 15 and 16 needs to be relocated to the property line. Fire & Police: See Attachments Landscape: Please advise the applicant to make the following revisions to the plans so that they will meet the requirements of the City of Carlsbad's Landscape Manual. Numbers below are referenced on the red line plans where appropriate for ease in locating the area of the comment concern. 1. Please explain what the 1 00' fire suppression zone (offset from the bio-swale fencing) is. This appears to cross over Lots 8 and 9 where houses will be constructed. c COP 12-13-ZEPHYR COURT SUBDIVISION July 10, 2012 Page 3 2. Please show the right-of-way line to match civil plans. 3. Please show the retaining walls to match civil plans. 4. Please show and label all easements on the plans. Insure no trees are located within utility easements. 5. Please provide a cross section/detail for the sound wall and other walls/fencing and indicate materials. Provide a cap with minimum 1" overhang on each side. 6. Please provide a maintenance responsibility exhibit. The Maintenance Responsibility Exhibit shall be prepared at a scale and size (preferably one sheet) that provides an overall view of the project and shall clearly identify the various areas of landscape maintenance responsibilities (private, common area/homeowner's association (HOA), City, etc.). 7. Please provide a substitute plant species that will maintain a height less than 30" where located within the vehicular sight lines. 8. The Landscape Manual indicates to incorporate native and drought tolerant plant materials whenever possible. Please revise all plant species and provide substitutes where possible. 9. The right-of-way appears to be located at the sound wall/property line; therefore the trees as -shown will not be located outside of the right-of-way. Please obtain approval from the Engineering Division to place the street trees as shown. 10. Provide a Water Conservation Plan in conjunction with the Landscape Concept Plan as required by the Landscape Manual. This plan shall demonstrate to the City how the proposed development will use all practical means available to ~_onserve water in the landscape. Indicate the existing and/or future recycled water systems. Provide a colored or hatched plan clearly showing where recycled water, graywater and potable water are proposed to be used for irrigation. Irrigation systems for all projects, except for service to a single-family residence or front yard irrigation on individually metered condos, shall be designed to use non-potable, treated recycled water, unless an exemption is approved by the City Utilities Department. Include one "hydrazone diagram" which identifies grouping of plants within the individual hydrozones (high, moderate, low, very low or special landscape areas) and which indicates the square footage and irrigation method of each area. As required by the State of California, the City of Carlsbad has adopted a water efficient ordinance. All requirements of this ordinance are to be met. Concept plans shall include calculations which document the maximum allowed annual water use for the landscaped area or maximum applied water allowance (MAWA) and estimated total water use (ETWU). A landscape project shall not exceed the MAW A. The MAWA for a landscape project shall be determined by the following calculation as defined in the City ordinance: MAWA = (ETo)(0.62)[(0.7 x LA)+ (0.3 x SLA)]. The ETWU shall be determined by the following calculation as defined in the City ordinance: ETWU = (ETo)(0.62{ PF :eHA + SLA) COP 12-13 -ZEPHYR COURT SUBDIVISION July 10, 2012 Page 4 In addition to the calculations, include a statement on the plans signed under penalty of perjury by the person who prepared the plan that provides: "I am familiar with the requirements for landscape and irrigation plans contained in the city of Carlsbad's landscape manual and water efficient landscape regulations. I have prepared this plan in compliance with those regulations and the landscape manual and agree to comply with all requirements when submitting construction documents. I certify that the plan implements those regulations to provide efficient use of water." Please insure that all requirements of the water use ordinance are met. The ordinance may be found at the following web site: http://library.municode.com/index.aspx?clientld=16245&stateld=5&stateName=California under Title 18. Please insure that all requirements of the Landscape Manual are met. The new Landscape Manual may be found at the following web site: http://www.carlsbadca.gov/services/departments/planning/Pages/applications.aspx 11. For slopes 3' and greater, erosion control fabric shall be used in lieu of a cover crop. Please revise plan notes as appropriate. Review all other notes and insure they match current Landscape Manual requirements. 12. Insure that any fence that attaches to a structure is non-combustible. 13. In Zone A-3, trees are allowed however the design must provide a 20' space between canopies. Please revise layout of trees to meet this requirements. 14. Please revise fire protection notes to match the new Landscape Manual requirements. 15. Provide a Fire Suppression Plan. The Fire Suppression Plan shall consist of a written and graphic plan and sections illustrating the following: a. Fire hydrant locations b. Rear yard setbacks c. Fire control planting as outlined in Section 5 of the Landscape manual d. Emergency/maintenance access e. Maintenance responsibility and schedule of frequency f. Any other project modification to protect the development from fire hazards g. Street widths dimensioned h. Fencing returns that are attached to a structure and/or any fence located within the drip line of the eaves shall be constructed with noncombustible materials if located within 100 feet of undisturbed native areas. 16. RETURN REDLINES and provide 2 copies of all plans {concept, water conservation, fire protection, and colored or hatched water use plan) on the next submittal. tnAJUZ,O 7 /Jq /tJ- .df~A. C I T Y 0 F VcARLSBAD LJ FILE Planning Division July 19, 2012 www.carlsbadca.gov NP Yucaipa Acquisition, LP The New Home Company 95 Enterprise, Suite 325 Aliso Viejo, CA 92656 SUBJECT: COP 12-13 -ZEPHYR COURT SUBDIVISION -CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) APPLICABILITY/PROCESS DETERMINATION This is to advise you that after reviewing the application for the project referenced above, the City has determined that the following environmental review process (pursuant to CEQA) will be required for the project: The proposed project has been reviewed pursuant to the California Environmental Quality Act (CEQA). Staff has concluded that no potentially significant impacts would result with the implementation of this project that were not previously examined and evaluated in the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Tabata Residential Subdivision project CT 03-06, dated October 19, 2004 (City Council Resolution No. 2004-318). The Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program evaluate the potential environmental effects of the development. The City Council adopted the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program on October 19, 2004. At that time CEQA "Findings of Fact" were approved. All mitigation measures contained in the adopted Mitigation Monitoring and Reporting Program for the Tabata Residential Subdivision project applicable to this project have been completed, incorporated into the project design or are required as conditions of approval for this project. The proposed project would have no effects beyond those analyzed in the Mitigated Negative Declaration. This project is within the scope of the previously adopted Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and no further CEQA compliance is required. The previously adopted Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Tabata Residential Subdivision project CT 03-06 are available at the Planning Division. No environmental review is required for the project. A Notice of Determination will be filed after approval of the project with the San Diego County Clerk's Office which involves a filing fee. Please submit a check to the project planner in the amount of $50.00 made out to the San Diego County Clerk. For additional information related to this CEQA applicability/process determination, please contact the project planner, Greg Fisher, at (760) 602-4629 or greg.fisher@carlsbadca.gov. [IX DON NEU, AICP City Planner DN:gf:sm c: Chris DeCerbo, Principal Planner Steve Bobbett, Project Engineer File Copy Data Entry 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® 4~_A. C I T Y 0 F VcARLSBAD Planning Division October 4, 2012 NP Yucaipa Acquisition, LP The New Home Company 95 Enterprise, Suite 325 Aliso Viejo, CA 92656 PLANNING COMMISSION NOTICE OF DECISION SUBJECT: COP 12-13-ZEPHYR COURT SUBDIVISION ~ Cl&G' /O 1~1 \ \v LJ FILE www.carlsbadca.gov At the October 3, 2012 Planning Commission meeting, your application was considered. The Commission voted 6-0 to approve your request. The decision of the Planning Commission will become final on October 13, 2012. The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094;6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the proceedings is made accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Planner, Don Neu, Secretary of the Planning Commission, 1635 Faraday Avenue, Carlsbad, CA 92008. If you have any questions regarding the final dispositions of your application, please contact your project planner Greg Fisher at (760) 602-4629 or greg.fisher@carlsbadca.gov. Sincerely, Q.,~ DON NEU, AICP City Planner DN:GF:bd c: Data Entry File enc: Planning Commission Resolution No. 6909 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 tnAivt:-t> ~ J n J,a.. _4~_A CITY OF VcARLSBAD Planning Division September 11, 2012 The Lightfoot Planning Group Attn: Dan Niebaum, AICP 5900 Pasteur Court, Suite 11 0 Carlsbad, CA 92008 SUBJECT: COP 12-13-ZEPHYR COURT SUBDIVISION LJ FILE www.carlsbadca.gov The preliminary staff report for the above referenced project will be sent to you via email on Wednesday, September 19, 2012, after 8:00a.m. This preliminary report will be discussed by staff at the Development Coordinating Committee (DCC) meeting which will be held on September 24, 2012. A twenty (20) minute appointment has been set aside for you at 10:30 AM. If you have any questions concerning your project you should attend the DCC meeting. It is necessary that you bring the following required information with you to this meeting or provide it to your planner prior to the meeting in order for your project to go forward to the Planning Commission: 1. Unmounted colored exhibit(s} of your site plan and elevations; and 2. A PDF of your colored site plan and elevations. The colored exhibits !!!..Y!! be submitted at this time to ensure .review by the Planning Commission at their briefings. If the colored exhibits are not available for their review, your project could be rescheduled to a later time. The PDF of your colored site plan and elevations will be used in the presentation to the Planning Commission and the public at the Planning Commission Hearing. If you do not plan to attend this meeting, please make arrangements to have your colored exhibit(s} and the PDF here by the scheduled time above. Should you wish to use visual materials in your presentation to the Planning Commission, they should be submitted to the Planning Division no later than 12:00 p.m. on the day of a Regular Planning Commission Meeting. Digital materials will be placed on a computer in Council Chambers for public presentations. Please label all materials with the agenda item number you are representing. Items submitted for viewing, including presentations/digital materials, will be included in the time limit maximum for speakers. All materials exhibited to the Planning Commission during the meeting (slides, maps, photos, etc.) are part of the public record and must be kept by the Planning Division for at least 60 days after final action on the matter. Your materials will be returned upon written request. If you need additional information concerning this matter, please contact your Planner, Greg Fisher at (760) 602-4629. [reYt DON NEU, AICP City Planner DN:GF:sm c: File Copy Steve Bobbett, Project Engineer 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ., ~ 4~~ CITY OF VcARLSBAD c o FILE Planning Division www.carlsbadca.gov August 29, 2012 The Lightfoot Planning Group Attn: Dan Niebaum, AICP 5900 Pasteur Court, Suite 110 Carlsbad, CA 92008 SUBJECT: COP 12-13-ZEPHYR COURT SUBDIVISION Your application has been tentatively scheduled for a hearing by the Planning Commission on October 3, 2012. However, for this to occur, you must submit the additional items listed below. Please submit the following documents by September 17, 2012. In the event the scheduled hearing date is the last available date for the City to comply with the Permit Streamlining Act, and the required items listed below have not been submitted, the project will be scheduled for denial. 1. Please submit the following plans: A) 10 copies of your (site plan, landscape plan, building elevations, floor plans, grading plans, etc.) on 24" x 36" sheets of paper, stapled in complete sets folded into 8Yz' x 11" size. B) One 8Yz" x 11" copy of your reduced site plan, building elevation, floor plans, etc. These copies must be of a quality which is photographically reproducible. Only essential data should be included on plans. C) 1 Copy of your building elevations (front and rear) on 24" x 36" sheets of paper for each plan and architectural style. This should be the photo simulation/elevation exhibits for the project. The color elevations are not required until September 28, 2012. D) 1 Copy of the site plan on 24" x 36" sheets of paper. The colored site plan is not required until September 28, 2012. E) PDF or similar format of the site plan/color photo simulation elevations, emailed to greg.fisher@carlsbadca.gov for the power point presentation. Please call if you have any questions. The PDF's are not required until September 20, 2012. 2. As required by Section 65091 of the California Government Code, please submit the following information needed for noticing and sign the enclosed form: A) 600' Owners List - a typewritten list of names and addresses of all property owners within a 600 foot radius of the subject property, including the applicant and/or owner. The list shall include the San Diego County Assessor's parcel number from the latest equalized assessment rolls. ® ,...... ,... . . . """" COP 12-13-ZEPHYR COURT SUBDIVISION '·August t9, 2012 Page 2 B) 100' Occupant List-(Coastal Development Permits Only) a typewritten list of names and addresses of all occupants within a 100 foot radius of the subject property, including the applicant and/or owner. C) Mailing labels -two (2) separate sets of mailing labels of the property owners within a 600 foot radius of the subject property. The list must be typed in all CAPITAL LETTERS, left justified, void of any punctuation. For any address other than a single family residence, an apartment or suite number must be included but the Apartment, Suite and/or Building Number must NOT appear in the street address line. DO NOT type assessor's parcel number on labels. DO NOT provide addressed envelopes -PROVIDE LABELS ONLY. Acceptable fonts are: Arial11 pt, Arial Rounded MT Bold 9 pt, Courier 14 pt, Courier New 11 pt, and MS Line Draw 11 pt. Sample labels are as follows: UNACCEPTABLE UNACCEPTABLE ACCEPTABLE Mrs. Jane Smith Mrs. Jane Smith 123 Magnolia Ave. Apt. #3 MRS JANE SMITH APT3 123 Magnolia Ave., Apt #3 Carlsbad, CA 92008 123 MAGNOLIA AVE CARLSBAD CA 92008 Carlsbad, CA 92008 D) Radius Map -a map to scale, not less than 1" = 200', showing all lots entirely and partially within 600 feet of the exterior boundaries of the subject property. Each of these lots should be consecutively numbered and correspond with the property owner's list. The scale of the map may be reduced to a scale acceptable to the Planning Director if the required scale is impractical. E) Fee-a fee shall be paid for covering the cost of mailing notices. Such fee shall equal the current postage rate times the total number of labels. Cash, check (payable to the City of Carlsbad) and credit cards are accepted. GREG FISHER Assistant Planner · GF:sm Attachment ' c I HEREBY CERTIFY THAT THE PROPERTY OWNERS LIST AND LABELS SUBMITTED TO THE CITY OF CARLSBAD ON THIS DATE REPRESENT THE LATEST AVAILABLE INFORMATION FROM THE EQUALIZED ASSESSOR'S ROLES. APPLICATION NAME AND NUMBER APPLICANT OR APPLICANT'S REPRESENTATIVE BY: ---------------------------- DATE:------------------------- RECEIVED BY DATE:------------------------- THf liGHTfOOT PlANNING GROUP 5900 Pasteur Court Suite 110 Carlsbad, CA 92008 (760) 692-1924 lightfootpg.com 0 July 25, 2012 Mr. Don Neu City Planner City of Carlsbad Planning Division 1635 Faraday A venue Carlsbad, CA 92008 RE: CDP 12-13 Zephyr Court Subdivision 0 RECEIVED JUL 2 5 2m2 CITY OF CARLSBAD PLANNING DIVISION Request and Justification for Reduced Side Setbacks Dear Mr. Neu: I am contacting you as the applicant's representative for CDP 12-13, an application for the development of 16 single-family homes that is currently under review by the Planning Division. The current homes are proposed on the site of a previously approved subdivision and will utilize the existing mapped lots. A previous CDP (CDP 06-30) was approved for this site in July 2007 for specific architecture and plotting of proposed residences; however, that approval expired in July 2009. The new owner ofthe property and current applicant is seeking to rev.ive the idle subdivision, while proposing new architectural options for the project. The purpose of this letter is to request a reduction in side yard setbacks under Zoning Ordinance Section 21.10.070 A. 1. b., and to provide justification for such request. We believe the project meets the criteria for approval of such a request, which will result in a more attractive project than if standard side setback requirements are applied. The side yard setback reduction is requested only for Lots 5, 7, 10 & 11 of the subdivision; the remaining 12lots will meet standard setback requirements. Please see the Exhibit 1 provided with this letter that presents various Tables outlining the previous and proposed setback conditions associated with this project. This Exhibit is intended to accompany the Site Development Plan submitted with CDP 12-13. Table 1 provides a comparison of current requirements, proposed CDP side setbacks, and previously approved CDP setbacks. Table 2 presents the actual side setbacks (from house to property line) proposed by CDP 12-12. In addition, Table 3 presents the actual separation distance that will be provided from house to house adjacent to the reduced setback lots proposed by CDP 12-13. Please consider the following items, in support of justification for the requested setbacks: 1) In each case the requested reduced side yard is not less than 5 feet, while the resulting enlarged opposite side yard exceeds (by several feet) the sum of the reduced amount plus 10 feet. 0 0 2) There are ex1stmg topographic and grading conditions on this site that must be considered in conjunction with new development, since the site has been rough graded and partially improved (including installation of the cul-de-sac street) in accordance with tentative map CT 03-06. The site experiences a decrease in pad elevations of 17 feet from then entrance at Black Rail Road to Lots 8 and 9 at the end of the cul-de-sac. Due to the topography of the site, interior slope banks and retaining walls are proposed on these lots which impact available side yard areas. In allowing the small reduction to 5 feet on the subject side yards, the opposite side yards become more usable adjacent to the necessary retaining walls and slope banks. In the case of Lot 7, an existing retaining wall remains from initial site improvements commenced under the previous approvals. 3) The proposed reduced side yard setbacks will allow for significantly larger opposite side yard setbacks and will create an even larger separation distance between the proposed residences. This separation distance would range from 20.4 feet between Lots 6 and 7 to 25.9 feet between Lots 10 and 11 (see Table 2). These separation distances are actually the largest proposed within the subdivision. The increased setbacks and separation distances will offset the reduced side yard areas and allow the development to maintain a 'balanced' feel, as the proposed setbacks and separation distances would be consistent with those that will exist in the remainder of the subdivision. 4) The reduced setbacks on Lots 10 and 11 will allow the opposite side yards to include required RV parking spaces. Due to existing topography and preliminary grading of the lots on the site, these lots are more accommodating to the RV spaces than others in the subdivision. (Note: 4 out of the 16lots require RV parking) 5) Finally, the proposed reductions in side yard setbacks are consistent with those that were previously approved for Lots 5, 7, 10 and 11 under CDP 06-30 in 2007. We believe precedent was established via approval of the previous site development plan and its utilization of the provisions of Zoning Ordinance Section 21.10.070 A. 1. b. The current project design was influenced by the previous CDP and CT plans on file and their response to the topographic conditions of the site. I hope that this information will assist in your consideration and approval of the requested reduced side yard setbacks for CDP 12-13. If you have any questions regarding this material, would like any additional information or require any additional materials, please do not hesitate to call me at 760-692-1924. ~· Daniel Niebaum, ACIP Senior Planner enclosure EXHIBIT 1 :COP 12-13 Side Yard Setback Reduction Justification Project: Carlsbad 16 Project Number: 02737-001-01 Date: 07/24/12 Table 1 : Setback Comparison Table (Lot Width, Municipal Code, & Previously Approved COP) (Minimum requirements shown) Lot City of Carlsbad Requirements COP 06-30 Number Width (ft) Required (ft) Sum (ft) West (ft) East (ft}_ Sum (ft} * 3 62.5' 6.3' 12.5' 6.3' 6.3' 12.6' () 5 68.5' 6.8' 13.7' 8.7' 5.0' 13.7' 7 68.5' 6.8' 13.7' 8.9' 5.0' 13.9' 10 75.9' 7.6' 15.2' 10.2' 5.0' 15.2' 11 75.9' 7.6' 15.2' 10.2' 5.0' 15.2' Table 2: Actual Setback Distance Provided by COP 12-13 (House to Property Line) COP 12-13 Setback Provided (House to PL) Lot Number West (ft) East (ft) Sum (ft) *3 6.3' 6.3' 12.6' 5 13.7' 5.0' 18.7' 7 13.5' 5.0' 18.5' 10 20.9' 5.2' 26.1' () 11 16.9' 5.0' 21.9' Table 3: Distance Provided Between Houses by COP 12-13 (from House to House by Lot) Lot Number To House on Lot Distance (ft) To House on Lot Distance (ft) *3 2 12.1' 4 19.6' 5 4 21.2' 6 12.6' 7 6 20.4' 8 15.0' 10 9 12.4' 1 1 25.9' 1 1 10 25.9' 12 24.5' * Lot 3 will now meet standard side yard setback requirements. THf liGHTfOOT PlANNING GROUP 5900 Pasteur Court Suite 110 Carlsbad, CA 92008 {760) 692-1924 lightfootpg.com 0 August 27, 2012 Mr. Greg Fisher Assistant Planner City of Carlsbad Planning Division 1635 Faraday Avenue Carlsbad, CA 92008 0 RE: CDP 12-13 Carlsbad 16 I Zephyr Court Subdivision 1st Resubmittal and Response to Staff Comments Dear Mr. Fisher: Enclosed is the resubmittal package for CDP 12-13 Carlsbad 16 I Zephyr Court Subdivision. The attached plans and application materials include revisions that address the comments received from the City's pt Review Letter (dated July 10, 2012) and subsequent meetings with staff. Specific responses to each of the staff comments are also provided via the enclosed Response Matrix. The enclosed Revised Submittal Checklist provides a complete list of these application materials. I hope that this information will assist in your final consideration and approval of CDP 12-13. I appreciate your timely review of the revised materials in effort to schedule this item for consideration at the next available Planning Commission hearing. If you have any questions regarding this material, or require additional information \ materials, please do not hesitate to call me at 760-692-1924. Daniel Niebaum, ACIP Senior Planner Enclosures RECE\VED AUG 27 'l.0\2 F cARLSBAD ~::ZN~ING DIVISION Daniel J. Niebaum From: Sent: To: Cc: Subject: Hi Dan and John, c Greg Fisher <Greg.Fisher@carlsbadca.gov> Friday, July 27, 2012 10:55 AM Daniel J. Niebaum jsherwood@thenewhomecompany.com RE: CDP 12-13 Side Setback Reduction 0 Don has approved the setback reductions for lots 5, 7, 10 & 11. He wants some minor changes/clarification made to the attached setback chart. Once we receive the revised chart, I will put an approval stamp on Dan's letter and have Don sign it. Once signed by Don, I can make a copy for your records. Dan -I'm working the counter all day today if you want to stop in or next week also works. Greg From: Daniel J. Niebaum [mailto:danN@Iightfootpg.com] Sent: Wednesday, July 25, 2012 3:31 PM To: Greg Fisher Cc: jsherwood@thenewhomecompany.com Subject: CDP 12-13 Side Setback Reduction Hello Greg, I've attached a PDF copy ofthe justification letter and setback exhibit, as requested for CDP 12-13. I hand delivered a hard copy early today. Please contact me with any questions or if you need additional information. Thanks for all your assistance with this item. Dan Niebaum, AICP Senior Planner WE HAVE MOVED! PLEASE NOTE OUR NEW ADDRESS: The Lightfoot Planning Group 5900 Pasteur Court, Suite 110 Carlsbad, CA 92008 760.692.1924 ext. 230 1 ~~ ~· fHf iiG~Tc,o,nT l !1' '.J! PlAfHW~lG GROUP Sutte L lCl CJrlsbaJ Ci\ 92003 (7601 ii9c 1924 lightfootf)g corn - July 25, 2012 Mr. Don Neu City Planner City of Carlsbad Planning Division 1635 Faraday A venue Carlsbad, CA 92008 RE: COP 12-13 Zephyr Court Subdivision Request and Justification for Reduced Side Setbacks Dear Mr. Neu: I am contacting you as the applicant's representative for COP 12-13, an application for the development of 16 single-family homes that is currently under review by the Planning Division. The current homes are proposed on the site of a previously approved subdivision and will utilize the existing mapped lots. A previous COP (COP 06-30) was approved for this site in July 2007 for specific architecture and plotting of proposed residences; however, that approval expired in July 2009. The new owner of the property and current applicant is seeking to rev.ive the idle subdivision, while proposing new architectural options for the project. The purpose of this letter is to request a reduction in side yard setbacks under Zoning Ordinance Section 21.10.070 A. 1. b., and to provide justification for such request. We believe the project meets the criteria for approval of such a request, which will result in a more attractive project than if standard side setback requirements are applied. The side yard setback reduction is requested only for Lots 5, 7, 10 & 11 of the subdivision; the remaining 12 lots will meet standard setback requirements. Please see the Exhibit 1 provided with this letter that presents various Tables outlining the previous and proposed setback conditions associated with this project. This Exhibit is intended to accompany the Site Development Plan submitted with COP 12-13. Table 1 provides a comparison of current requirements, proposed COP side setbacks, and previously approved COP setbacks. Table 2 presents the actual side setbacks (from house to property line) proposed by COP 12-12. In addition, Table 3 presents the actual separation distance that will be provided from house to house adjacent to the reduced setback lots proposed by COP 12-13. Please consider the following items, in support of justification for the requested setbacks: 1) In each case the requested reduced side yard is not less than 5 feet, while the resulting enlarged opposite side yard exceeds (by several feet) the sum of the reduced amount plus 10 feet. 2) There are ex1stmg topographic and grading conditions on this site that must be considered in conjunction with new development, since the site has been rough graded and partially improved (including installation of the cul-de-sac street) in accordance with tentative map CT 03-06. The site experiences a decrease in pad elevations of 17 feet from then entrance at Black Rail Road to Lots 8 and 9 at the end of the cul-de-sac. Due to the topography of the site, interior slope banks and retaining walls are proposed on these lots which impact available side yard areas. In allowing the small reduction to 5 feet on the subject side yards, the opposite side yan.ls become more usable adjacent to the necessary retaining walls and slope banks. In the case of Lot 7, an existing retaining wall remains from initial site improvements commenced under the previous approvals. 3) The proposed reduced side yard setbacks will allow for significantly larger opposite side yard setbacks and will create an even larger separatiL)n distance between the proposed residences. This separation distance would range from 20.4 feet between Lots 6 and 7 to 25.9 feet between Lots 10 and 11 (see Table 2). These separation distances are actually the largest proposed within the subdivision. The increased setbacks and separation distances \vill offset the reduced side yard areas and allow the development to maintain a 'balanced' feel, as the proposed setbacks and separation distances would be consistent with those that will exist in the remainder of the subdivision. 4) The reduced setbacks on Lots 10 and 11 will allow the opposite side yards to include required RV parking spaces. Due to existing topography and preliminary grading of the lots on the site, these lots are more accommodating to the RV spaces than others in the subdivision. (Note: 4 out of the 16 lots require RV parking) 5) Finally, the proposed reductions in side yard setbacks are consistent with those that were previously approved for Lots 5, 7, 10 and 11 under CDP 06-30 in 2007. We believe precedent was established via approval of the previous site development plan and its utilization of the provisions of Zoning Ordinance Section 21.10.070 A. 1. b. The current project design was influenced by the previous CDP and CT plans on file and their response to the topographic conditions of the site. I hope that this information will assist in your consideration and approval of the requested reduced side yard setbacks for CDP 12-13. If you have any questions regarding this material, would like any additional information or require any additional materials, please do not hesitate to call me at 760-692-1924. Daniel Niebaum, ACIP Senior Planner enclosure EXHIBIT 1 :COP 12-13 Side Yard Setback Reduction Justification Project: Carlsbad 16 Project Number: 02737-001-01 Date: 07/24/12 Table 1: Setback Comparison Table (Lot Width, Municipal Code, Current COP, Previously Approved CDP) (Minimum requirements shown) Lot City of Carlsbad Requirements COP 12-13 Number Width (ft) Required (ft) Sum (ft) West (ft) East (ft) Sum (ft) West (ft) * 3 62.5' 6.3' 12.5' 6.3' 6.3' 12.6' 6.3' 5 68.5' 6.8' 13.7' 8.7' 5.0' 13.7' 8.7' 7 68.5' 6.8' 13.7' 8.9' 5.0' 13.9' 8.9' 10 75.9' 7.6' 15.2' 10.2' 5.0' 15.2' 10.2' 1 1 75.9' 7.6' 15.2' 10.2' 5.0' 15.2' 10.2' Table 2: Actual Setback Distance Provided by CDP 12-13 (House to Property Line) CDP 12-13 Setback Provided (House to PL) Lot Number West (ft) East (ft) Sum (ft) *3 6.3' 6.3' 12.6' 5 13.7' 5.0' 18.7' 7 13.5' 5.0' 18.5' 10 20.9' 5.2' 26.1' 1 1 16.9' 5.0' 21.9' Table 3: Distance Provided Between Houses by CDP 12-13 (from House to House by Lot) Lot Number To House on Lot Distance (ft) To House on Lot Distance (ft) *3 2 12.1' 4 19.6' 5 4 21.2' 6 12.6' 7 6 20.4' 8 15.0' 10 9 12.4' 11 25.9' 11 10 25.9' 12 24.5' * Lot 3 will now meet standard side yard setback requirements. COP 06-30 East (ft) Sum (ft) 6.3' 12.6' 5.0' 13.7' 5.0' 13.9' ( 5.0' 15.2' 5.0' 15.2' () Greg Fisher From: Sent: To: Subject: Greg, c Glenn Pruim Tuesday, July 24, 2012 2:55 PM Greg Fisher Zephyr Court Subdivision I received a copy of the Early Public Notice for the subject project's COP. The project is immediately south of our "D" Tank Reservoir Site. This site has numerous existing water storage tanks and is scheduled to have at least one more tank added to the site. In addition to the temporary noise and inconvenience during construction, there will be a long term aesthetic impact and ongoing operational impacts, such as personnel access, pumps turning on and off, routine site maintenance, responding to any operations issues/emergencies, etc. I don't know if this is the time (it may be a little late) to bring these up but we do need to make sure prospective homebuyers are aware of what's next door and how it may affect them should they purchase a home there. Do we need to formally document our concerns/comments or will this serve that purpose? Glenn 1 c 0 Greg Fisher From: Jase Warner Sent: Tuesday, July 24, 2012 3:30PM To: Cc: Bill Plummer; Glenn Pruim; Wendy Chambers; Greg Fisher Steven Plyler Subject: RE: Proposed Coastal Development Permit for Housing Project The pump station almost never runs (1-2 weeks a year max) and we have no plans to begin running it in the next few years. The building is pretty well insulated so it is not even a problem when it runs. -Jase From: Bill Plummer · Sent: Tuesday, July 24, 2012 2:26 PM To: Glenn Pruim; Wendy Chambers; Greg Fisher Cc: Steven Plyler; Jase Warner Subject: RE: Proposed Coastal Development Permit for Housing Project Ongoing maintenance activities and constructing another tank on the property are the major activities on CMWD property. The pump station noise possibly should be noted to future homeowners From: Glenn Pruim Sent: Tuesday, July 24, 2012 1:37PM To: Bill Plummer; Wendy Chambers Cc: Steven Plyler; Jase Warner Subject: Proposed Coastal Development Permit for Housing Project Hey folks, Today I received an Early Public Notice for the Zephyr Court Subdivision Coastal Development Permit (CDP 12-13). The proposed project consists of the construction of 16 single family homes on previously graded lots immediately to the south of the 'D' Reservoir site. Are there specific concerns that we have that we would want to share with the planners who are processing the CDP? If there are noise, odor, access, security, operational, etc. concerns this would be a good time to voice them. Greg Fisher, Assistant Planner, is the person to contact if you have questions and/or comments. We will get a future public hearing notice when this project is scheduled to be heard before the Planning Commission. The subdivision was previously approved on 9/1/2004 and this CDP is for the architecture and plotting of the residences only. Probably not much for us to comment on but wanted to make sure you were aware of the pending application. Glenn 1 - Greg Fisher From: Sent: To: Greg Lang <glang@fuscoe.com> Wednesday, September 19, 2012 3:52PM Daniel J. Niebaum Cc: Greg Fisher Subject: RE: DCC MEETING FOR ZEPHYR COURT SUBDIVISION Dan, Thank you for the email. Below is what I have found. CDP 06-30 lists the total acreage as 5.26 acres. The recorded Map 15521 lists the gross area as 5.2582. CDP 12-13 lists 5.26 acres, which matches both CDP 06-30 and the recorded map. I do not know where the TM information came from previously. Since the map is recorded, we used this figure. Therefore the density would be 3.041 (16/5.26). Please let me know if you have any additional questions. Thank you, Greg Gregory W. Lang, P.E. Project Manager glang@fuscoe. com Follow us on Twitter: http://twitter.com/FuscoeFCT FUSCOE ENGINEERING, INC full circle thinking® 6390 Greenwich Drive, Suite 170 San Diego, CA 92122 tel 858.554.1500 ext. 4066 fax 858.597.0335 mobile 760.419.6276 www.fuscoe.com IRVINE. SAN DIEGO. ONTARIO. LOS ANGELES. EL CENTRO WARNING: This e-mail and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. This information is not to be reproduced or forwarded without permission from the sender. If you have received this e-mail in error, please notify the sender or system manager. From time to time, our spam filters eliminate or block legitimate email. If your email contains important attachments or instructions, please ensure that we acknowledge receipt of those attachments or instructions Please consider the environment before printing this email From: Daniel J. Niebaum rmailto:danN@Iightfootpg.coml sent: Wednesday, September 19, 2012 9:45AM To: Greg Lang Cc: Greg.Fisher@carlsbadca.gov Subject: FW: DCC MEETING FOR ZEPHYR COURT SUBDIVISION 1 Greg, Please see the comment below from Greg Fisher at City of Carlsbad. Although this is a very small change, did the net acreage decrease due do to a more accurate plotting of the current plans?-otherwise, what are your thoughts on what might have changed? Thanks, Dan Dan Niebaum, AICP Senior Planner The Lightfoot Planning Group 5900 Pasteur Court, Suite 110 Carlsbad, CA 92008 760.692.1924 ext. 230 From: Greg Fisher [mailto:Greg.Fisher@carlsbadca.gov] Sent: Wednesday, September 19, 2012 9:33 AM To: Daniel J. Niebaum Subject: RE: DCC MEETING FOR ZEPHYR COURT SUBDIVISION Hi Dan, A minor comment came up regarding the density for the project in my staff report. The staff report for CT 03- 06 indicates 5.64 gross acres, 5.33 net and a proposed density of 3.0 du/ac {16/5.33 = 3.0). Density is always calculated on net acreage. The plans submitted for CDP 12-13 show 5.26 acres and a density of 3.041. Do you know why there is a difference? Thanks, Greg '~' ·~>:; ~I \' l; I ~·CARLSBAD tfoe<j'J~ Assistant Planner 1635 Faraday Avenue Carlsbad,CA 92008 www.carlsbadca.gov p(760) 602-4629 f (760) 602-8559 greg. fisher@ca rlsbadca .gov From: Daniel J. Niebaum [mailto:danN@Iightfootog.com] Sent: Monday, September 17, 2012 10:12 AM To: Greg Fisher Subject: RE: DCC MEETING FOR ZEPHYR COURT SUBDIVISION 2 Greg, thank you for the consideratior-Re will review the staff report to s~e ifth~am has any questions. I will also be the required pubilc hearing labels and project plans later today (they are due today 9/17}. The drawings PDFs will follow by 9/20 and the color exhbits by 9/28. Thanks, Dan Dan Niebaum, AICP Senior Planner The Lightfoot Planning Group 5900 Pasteur Court, Suite 110 Carlsbad, CA 92008 760.692.1924 ext. 230 . From: Greg Fisher [mailto:Greg.Fisher@carlsbadca.gov] Sent: Monday, September 17, 2012 9:46AM To: Daniel J. Niebaum Subject: DCC MEETING FOR ZEPHYR COURT SUBDIVISION Dan, I meeting time has been scheduled for Monday the 24th. This meeting is necessary if there are question regarding the staff report or resolution, etc. Any questions can also be answered on the phone. Let me know if we need this meeting. I don't want your client driving down here and there is nothing to talk about that can be answered on the phone. Let me know. Greg A \_\_>:;•'' ~I \' 1; f ~CARLSBAD 9'te97~ Assistant Planner 1635 Faraday Avenue Carlsbad, CA 92008 www.carlsbadca.gov p(760) 602-4629 f (760) 602-8559 greg.fisher@carlsbadca.gov 3 c Greg Fisher From: Steve Bobbett Sent: To: Wednesday, October 10, 2012 9:51 AM Greg Lang Cc: Subject: Glen Van Peski; Mike Peterson; Greg Fisher; Raenette Abbey; Robert Slempa RE: Carlsbad 16-Models Greg, I understand the applicant has submitted building plans for model construction on lots 15 and 16. To obtain a building permit prior to the approval of the subdivision's precise grading plan a minor grading plan/permit will have to be issued for each lot. Current pad certifications will be needed and engineering and planning will have to provide building with their department's satisfaction for the conditions of approval for CDP 12-13. The Tier 3 SWPPP submitted with the subdivision grading plan should show stormwater pollution prevention measures associated with the grading operation as well as construction of the residences for all lots. As building permits are issued for each lot, a Tier 1 application and building department SWPPP fees will be collected. No additional plans will be required. Steve Bobbett, P.E. Associate Engineer City of Carlsbad (760) 602-2747 From: Greg Lang [mailto:glang@fuscoe.coml Sent: Tuesday, October 09, 2012 12:27 PM To: Steve Bobbett Subject: Carlsbad 16 -Models Steve, How is fine grading of model lots permitted in the City in the event the precise grading plan is not approved by then? This may be the case we will need to pursue for the Black Rail project. In addition, the Building Department keeps stating that the project is a Tier 1 SWPPP; which it is not. Are Tier 1 SWPPP plans required to be prepared for each lot when a building permit is issued? Thank you, Greg Gregory W. Lang, P.E. Project Manager glang@fuscoe. com We've expanded our circle to a new Bay Area office in Danville! FUSCOE ENGINEERING, INC full circle thinking® 6390 Greenwich Drive, Suite 170 San Diego, CA 92122 tel858.554.1500 ext. 4066 fax 858.597.0335 1