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CT 01-03; Calavera Hills Village E-1; Tentative Map (CT)
CITY OF CARLSBAD LAND USE REVIEW APPLrCATION 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) . . ' • (FOR DEPARTMENT USE ONLY) (FOR DEPARTMENT USE ONLY) • Administrative Permit - 2nci Dwelling Unit • • Planned Industrial Permit • Administrative Variance • Planning Commission Determination • Coastal Development Permit • Precise Development Plan • Conditional Use Permit • Redevelopment Permit Condominium Permit • Site Development Plan • EnvironiTiental impact Assessment • Special Use Permit • General Plan Amendment • Specific Plan • Hillside Development Permit • TontQtivG Porool Mop Obtain from Engineering Department • Local Coastal Plan Amendment Tentative Tract Map CTOl-OB> • Master Pian • Variance • Non-Residential Planned Deveiopment • Zone Change • Planned Development Permit • List other applications not specified 2) ASSESSOR PARCEL NO(S).: lUS'-OJl-Dg' 3) PROJECT NAME: 4) BRIEF DESCRIPTION OF PROJECT: 5) OWNER NAME (Print or Type) 6) APPLICANT NAME (Print or Type) MAILING ADDRESS 2121 HOON/6(2, AX/C. MAILING ADDRESS 2T2n Vtoooez. tauc. CITYANDSTATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE 1 CERTIFY THAT 1 AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, 1 CERTIFY THAT 1 AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND COBgECT TO THE BEST Oj MY KNOWLEDGE. SIGNATURE * DATE SIGNATURE . DATE 7) BRIEF LEGAL DESCRIPTION SJ6'D\»JvbvC>t4 Of A V&a.'ntv) Df D^e^^T 06 TV^ "gAtOLtH* NOTE: A PROPOSED PROJECT REQU/RING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED, MUST BE SUBMITTED PRIOR TO 4:00 P.M. Form 16 PAGE 1 OF 2 8) LOCATION OF PROJECT: STREET ADDRESS ON THE SIDE OF (NORTH, SOUTH, EAST, WEST) (NAME OF STREET) BETWEEN AND (NAME OF STREET) (NAME OF STREET) 9) LOCAL FACILITIES MANAGEMENT ZONE 10) PROPOSED NUMBER OF LOTS 13) TYPE OF SUBDIVISION 1 6) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 1 9) GROSS SITE ACREAGE 22) EXISTING ZONING 2\% 11) NUMBER OF EXISTING RESIDENTIAL UNITS 14) PROPOSED IND OFFICE/ SQUARE FOOTAGE 17) PROPOSED INCREASE IN ADT 20) EXISTING GENERAL PLAN 23) PROPOSED ZONING 9l 1 2) PROPOSED NUMBER OF RESIDENTIAL UNITS 15) PROPOSED COMM SQUARE FOOTAGE 18) PROPOSED SEWER USAGE IN EDU 21) PROPOSED GENERAL PLAN DESIGNATION 24) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMEBERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TCL^NTRY FOR THIS PURPOSE SIGNATURE I FOR CITY USE ONLY FEE COMPUTATION APPLICATION TYPE FEE REQUIRED TOTAL FEE REQUIRED UbCtlVED m 0 1 2001 CITYOFCARLSBAD ' DATE STA'^lp^W(^iffl(^1filEfEIVED RECEIVED BY: DATE FEE PAID RECEIPT NO. Form 16 PLEASE NOTE: Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calendar days from the date of application submittal to determine whether an application is complete or incomplete. Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete. If it is incomplete, the letter will state what is needed to make this application complete. When the application is complete, the processing period will stjrt upon the date of the completion letter. Applicant Signature: '^V ^J^^^^U.^^/^ Staff Signature: Date: To be stapled with receipt to application Copy for file City of CParlsbad Planning Department HAZARDOUS WASTE AND SUBSTANCES STATEMENT Consultation Of Lists of Sites Related To Hazardous Wastes (Certification of Compliance with Govemment Code Section 65962.5) Pursuant to State of Califomia Govemment Code Section 65962.5,1 have consulted the Hazardous Wastes and Substances Sites List compiled by the Califomia Environmental Protection Agency and hereby certify that (check one): 0 The development project and any altematives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Govemment Code. n The development project and any altematives proposed in this application are contained on the lists compiled pursuant to Section 65962.5 ofthe State Govemment Code. APPLICANT Name: Calavera Hills li LLC Address: 2727 Hoover Ave. Phone Number: (619) 336-3673 PROPERTY OWNER Name: Calavera Hills II LLC National City, CA 91950 Address: ^^27 Hoover Ave. National City, CA 91950 Phone Number: (619) 336-3673 Address ofSite: Southwest corner of intersection of Carlsbaci Village Drive and College Boulevard. Local Agency (City and Coxmty): Citv of Carlsbad. Countv of San Dieqo Assessor's book, page, and parcel number: ^^8 041 08 Specifylistrs): Parcel not on list attached. Regulatory Identification Number: ^1 ^ Date ofList: April 15, 1998 " Applicant Signatiu^/Date Property Owner Signatur ature/Date Admin/Counler/HazWulc 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 ^ idaa ONINNVld avasidVD do AUO a3AI303bi STATE OF CALIFORNIA HAZARDOUS WASTE AND SUBSTANCES SITES LIST CITV LIST DTSC PGM: CALEPA5 04/I5/9B FACILITV INVENTORV DATA BASE PAGE 37 HAZARDOUS WASTE ANO SUBSTANCES SITES LIST SORT BV CITY. ST NAME. ST NBR STREET NBR STREET NAME CITV 2IP FACILITV NAME CO REQ BV - REG 10 5600 AVENIDA ENCINAS CARLSBAD 920080000 UNISYS CARLSBAD 37 wBcao 9 000084N94 1044 CARLSBAD VILLAGE CARLSBAD 92008 CHEVRON SERVICE STATION 37 LTNKA 9UT1000 1044 CARLSBAD VILLAGE CARLSBAD 92008 CARLSBAO CHEVRON 37 LTNKA 9UT2801 571 CARLSBAD VILLAGE CARLSBAD 93164 ITT CONTINENTAL BAKING C 37 LTNKA 9UT2611 920 CARLSBAO VILLAQE CARLSBAO 92008 GASCO SERVICE STATION 37 LTNKA 9UT2724 2100 COSTA DEL MAR CARLSBAD 92009 LA COSTA HOTEL &.SPA 37 LTNKA 9UT242 2500 EL CAMINO REAL CARLSBAD 92008 CHEVRON SERVICE STATION « 37 LTNKA 9UT685 2545 EL CAMINO REAL CARLSBAD FIRESTONE 37 LTNKA 9UT1B13 3545 EL CAMINO REAL CARLSBAD J.C.PENNYS AUTO CENTER 37 LTNKA 9UT117 2590 EL CAMINO REAL CARLSBAD 92008 SHELL OIL SERVICE STATION 37 LTNKA gUT224 1 7654 EL CAMINO REAL CARLSBAD 92008 WALTS ARCO SERVICE STATIO 37 LTNKA 9UT1503 3701 HAYMAR CARLSBAD 92O0800OO SOUTH COAST MATERIALS 37 LTNKA 9UT3452 405 OAK CARLSBAD 92008 PUBLIC WORKS VARD 37 LTNKA gUT1950 2160 PALOMAR AIRPORT CARLSBAO 9200BOOOO PALOMAR AIRPORT 37 LTNKA 9UT2041 2210 PALOMAR AIRPORT CARLSBAD 92008 MCCLELLAN-PALOMAR AIRPORT 37 LTNKA 9UT2227 2210 PALOMAR AIRPORT CARLSBAD 92008 FLIGHT INTERNATIONAL 37 LTNKA gUTB46 BSC PALOMAR AIRPORT CARLSBAD 92008 PEASOUP ANDERSON/UNION S/ 37 LTNKA 9UT394 B50 PALOMAR AIRPORT CARLSBAD 9200B CARLSBAO PROPERTIES. LTD 37 LTNKA BUT 1953 899 PALOMAR AIRPORT CARLSBAD MOBIL OIL STATION 37 LTNKA gur 1498 5335 PASEO OEL NORTE CARLSBAO 92008 WESELOH CHEVROLET 37 LTNKA 9UT 1 183 5434 PASEO DEL NORTE CARLSBAD 9200B0O0O NORTH COUNTV LINCOLN MERC 37 LTNKA 8UT32S4 . 801 PINE CARLSBAD 92008 CARLSBAO UNIFIED SCHOOL 37 LTNKA BUT 1080 26 15 STATE CARLSBAD 920080OOO PAUL'S AUTOMOTIVE 37 LTNKA 9UT3043 2779 STATE CARLSBAD 92008 NORTH COUNTY TRANSIT 37 LTNKA 9UT306S April, 1998 Si,.' City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 Applicant: CALAVERA HILLS II L L C Set Id: S000000545 Description CPOlOOOl CT010003 Total Ainount 7,900.00 11,885.00 19,785.00 Receipt Number: R0018168 Transaction Date: 02/01/2001 0466 02/01/01 0002 01 02 CGF" IVi'i Pay Type Method Description Amount Payment Payment Check Check 50374 29766 1,030.00 18,755.00 Transaction Amount: 19,785.00 City of Carisbad Planning Department DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionar}' action on the part of the City Council or any appointed Board. Commission or Comminee. The foilowing 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, firra, co-partnership, joint venture, association, social club, fratemai orgariization, corporation, estate, trust, receiver, sviidicate, 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 miist be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a fmancial interest in the application. If the applicant includes a corporation or partnership, include the names, title, 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 publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if "^"^^^"•(^^lavera Hills II, LLC, Person a California limited ^.^1 liability company Corp/Part_ Title 2 727 Hoover Avenue Address National City, CA QIQSn Address_ 2. OWNER (Not the owner's agent) 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, title, addresses of all individuals owning more than 10% ofthe shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, •PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv- owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person j-i; . ^ Corp/Part ct DeldWdie IxiLuLfcid IxabildTby^ Title compamy Title 2727 Hoover Avenue Address MP.-h-i on ^1 rity, CA QI q 5 0 Tamarack Properties, Inc, a California corporation r./n Rrnnkf 1 P1 f:i Hnmps Address 12 Jle 65 Pointe Del,iyiar, Ste. 200 2075 Las Palmas Dr. • Carlsbad. CA 92009-1576 • (760) 438-1161 • FAX (760) 438-0894 NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Profit/Trust N/A Profit/Trust_ Title Title Address Address 4. Have you had more than $250 worth of business transacted with any member of City staff. Boards, Commissions, Committees and/or Council within the past twelve (12) momhs? I I 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 owneT/date Signature of applicafit/date Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 Of 2 NOTICE OF PUBLIC HEARING 0,m NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council 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 Tuesday, September 10, 2002 to consider a request for adoption of a Negative Declaration, a Tentative Tract Map and Condominium Permit to allow the subdivision and construction of a 117 unit multifamily air- space condominium development within Viiiage E-1 of the Calavera Hills Master Plan, on property generally located at the southwest corner of Carlsbad Village Drive and College Boulevard, in Local Facilities Management Zone 7 and more particularly described as: Parcel A of Parcei Map 16233, filed in the Office of the County Recorder on September 21, 1990, in the City of Carlsbad, County of San Diego, State of California Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the staff report will be available on and after September 6, 2002. If you have any questions, piease caii Michael Gnm in the Planning Department at (760) 602-4623. The time within which you may judicially challenge this Negative Declaration, Tentative Tract Map and/or Condominium Permit, if approved, is established by state law and/or city ordinance, and is very short. If you challenge the Negative Declaration, Tentative Tract Map and/or Condominium Permit 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. CASE FILE: CT 01-03/CP 01-01 CASE NAME: CALAVERA HILLS VILLAGE E 1 PUBLISH: Thursday, August 29, 2002 CITY COUNCIL s;rE CALAVERA HILLS VILLAGE E-1 CT 01-03/CP 01-01 PROOF OF PUBLIC 4TION (2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above-entitled matter. I am the principal clerk of the printer of North County Times Formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of Califomia, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: tr; Proof of Publication of I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at This Of San Marcos_ 19th Califomia day CITY OF CARLSBAD PLANNING DEPARTMENT NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your inter-est may be affected, ttiat the Planning Commission of the City of CarlsbQd will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carls-bad, California, at 6:00 p.m. on Wednesday. August 7, 2002, to consider a request for a Tentative Tract Map -nd Condominium Permit to allow the subdivision and construction of Q 117 unit multifamily air-space condo-minium development within Village E-1 of the Calavera Hills Master Plan, on property generally located at the southwest corner of Carlsbad Village Dnve and College Boulevard, in Local Facilities Management Zone 7 and more particularly described as: Parcel A of Parcel Map 16233, filed in the Office of the County Recorder on September 21, 1990, in the City ot Carlsbad. County of San Diego, State of California Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the staff report will be available on and after August 1, 2002. If you have any questions, please call Mike Grim in the Planning Department at (760) 602-4623. The time within which you may judicially challenge this Tentative Tract Map and Condorninium Permit, if ap-proved, is established by state law and/or city ordinance, and is very short. If you challenge the Tentative Tract Map and Condominium Permit in court, you may be limit-ed 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 tne public hearing. CASEFILE: CT 01-03/CP 01-01 CASE NAME: CALAVERA HILLS VillAGE E 1 PUBLISH: JULY 25. 2002 CITY OF CARLSBAD PLANNING DEPARTMENT NCT1379455 August, 2002_ Signature NORTH COUNTY TIMES Legal Advertising STATE OF CALIFORNIA - THE RESOURCES AGENCY DEPARTMENT OF FISH AND GAME ENVIRONMENTAL FILING FEE CASH RECEIPT DFG 753.5a (6-01) Lead Agency: 0-t\Y fif QgrKbgd [County// State Agency of Filing: Project Title: Qii IQ X^Cra HlVlSVll\q07e B- I PLKMNrnGOe^^'^^'^^^^ Date: Document No 208751 Project Applicant Name: Titr Carlsbad McMtlian WorvitS ^^ ^ ^^^^ Project Applicant Address: 313.1 HoQv/er five VJa^ona\ CvAv CA 93^50 Project Applicant (ctieck appropriate box): Local Public Agency School District j j Ottier Soecial District State Agency Private Entityjy j CHECK APPLICABLE FEES: ) Environmental Impact Report $850.00 $ ) Negative Declaration $1,250.00 $ ) Application Fee Water Diversion fSfate Water Resources Control Board Only) $850.00 $ ) Projects Subject to Certified Regulatory Programs $850.00 $ ) County Administrative Fee $25.00 $ ^^•^Project that is exempt from fees Signature and title of person receiving payment: WHITE-PROJECT APPLICANT YELLOW-DFG/FASB 5/FASB PINK-LEAD AGENCY GOLD/NJ L RECEIVED iOD-STATE AGENCY OF FILING Notice of Detennination ^ ./g^^ To: Office ofPlanning and Research From: CITY OF CARLSBAD^^^^ P.O. Box 3044 IF fl fL P fr^ Planning Departme^e^^^ Sacramento, CA 95812 GregoiyjLth,feorde!iunlya ^^^^ Faraday 4>A^> Carlsbad, CA 92009^^' K7\ SEP 1 1 200? XI County Clerk ^ ' ^"^^ (760) 602-4600 County of San Diego nyCyigt^ Mailstop 833, Attn: Wendy ~15EPDT7 POBox 121750 SanDiego, CA 92112-1750 Project No: CT 01-03/CP 01-01 Filing of Notice of Determination in compliance witli Section 21108 or 21152 ofthe Public Resources Code. Calavera Hills Village E-1 Project Title City ofCarlsbad, Michael Grim (760) 602-4623 State Clearinghouse No. Lead Agency, Contact Person Telephone Number Southwest comer of College Boulevard and Carlsbad Village Drive, City of Carlsbad, County of San Diego Project Location (include County) Name of Applicant: McMillan Homes Applicant's Address: 2727 Hoover Ave, National City, CA 92950 Applicant's Telephone Number: 619-336-3138 Project Description: Tentative Tract Map and Condominium Permit for the subdivision and construction ofa 117 unit multifamily air-space condominium development within Village E-1 of the Calavera Hills Master Plan. This is to advise that the City of Carlsbad has approved the above described project on September 10, 2002, and has made the following determination regarding the above described project. 1. The project will not have a significant effect on the environment 2. A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 3. Mitigation measures were not made a condition of the approval of the project. 4. A statement of Overriding Considerations was not adopted for this project. 5. Findings were made pursuant to the provisions of CEQA. This is to certify that the fmal Negative Declaration with comments and responses and record of project approval is available to the General Public at THE CITY OF CARLSBAD. MICHAEL J. HOtrZ^vIILtek, Planning Director Date Date received for filing at OPR: Rpvitipft r~)frPTnhpr 7001 Q Q City of Carlsbad Planning Department Project Address/Tvocation: Project Description: NEGATIVE DECLARATION Southwest comer of Carlsbad Village Drive and College Boulevard in the City of Carlsbad, County of San Diego, State of Califomia. Tentative Tract Map and Condominium Permit to allow the subdivision and constmction of a 117 unit multifamily air-space condominium development within Village E-1 of the Calavera Hills Master Plan. The City of Carlsbad has conducted an enviromnental review of the above described project pursuant to the Guidelines for Implementation of the Califomia Envirorunental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, a Negative Declaration (declaration that the project will not have a significant impact on the enviromnent) is hereby issued for the subject project. Justification for this action is on file in the Planning Department. A copy of the Negative Declaration with supportive docimients is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, Califomia 92008. Comments fi-om the public are invited. Please submit comments in writing to the Planning Department within 20 days of date of issuance. If you have any questions, please call Michael Grim in the Planning Department at (760) 602-4623. DATED: CASE NO: CASENAME: JULY 3, 2002 CT 01-03/CP 01-01 CALAVERA HILLS VILLAGE E-1 PUBLISH DATE: JULY 3, 2002 MICHAEL J. HQUZMIELER Planning Director 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us CALIFORNIA DEPARTMENT OF FISH AND GAME PO BOX 944209 SACRAMENTO CA 94244-2090 CERTIFICATION OF FEE EXEMPTION De Minimis Impact Finding Project Title/Location (Include County): Calavera Hills Village E-1 - CT 01-03/CP 01-01 Southwest comer of College Boulevard and Carlsbad Village Drive, City of Carlsbad, County of San Diego Name and Address of Applicant: McMillan Homes 2727 Hoover Ave National City, CA 91950 Project Description: Tentative Tract Map and Condominium Permit to allow the subdivision and constmction of a 117 unit multifamily air-space condominium development in Village E-1 of the Calavera Hills Master Plan Findings of Exemption (attach as necessary): 1. The City of Carlsbad Planning Department has completed an Environmental Initial Study for the above referenced property, including evaluation of the proposed project's potential for adverse environmental impacts on fish and wildlife resources. 2. Based on the complete Environmental Initial Study, the City of Carlsbad Planning Department finds that the proposed project will not encroach upon wildlife habitat area, will have no potential adverse individual or cumulative effects on wildlife resources, and requires no mitigation measures to be incorporated into the proposed project which would affect fish or wildlife. Certification: I hereby certify that the public agency has made the above finding and that the project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 ofthe Fish and Game Code. \V\LED IN THE OFFICE OFTHE COUNTY CLERK ! SAN DIEGO COUNTY ON ^ ^ 2002 I POSTED JiLil.M REMOVED OCTJJt ^OV I RETUR:^^^^?^W.CiENCY ON ^ ^ \ ni-l^UTY - CHAEL J. HOL^ILLE^t^ fi MICHAEL Planning Director Lead Agency: CITY OF CARLSBAD Date: ^//^/^^ Section 711.4, Fish and Game Code DFG: 1/91 c o FILECOPY Citv of Carlsbad Planning Department NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the Planning Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Wednesday, August 7, 2002, to consider a request for a Tentative Tract Map and Condominium Permit to allow the subdivision and construction of a 117 unit multifamily air-space condominium development within Village E-1 of the Calavera Hills Master Plan, on property generally located at the southwest corner of Carlsbad Village Drive and College Boulevard, in Local Facilities Management Zone 7 and more particularly described as: Parcel A of Parcel Map 16233, filed in the Office of the County Recorder on September 21, 1990, in the City of Carlsbad, County of San Diego, State of California Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the staff report will be available on and after August 1, 2002. If you have any questions, please call Mike Grim in the Planning Department at (760) 602-4623. The time within which you may judicially challenge this Tentative Tract Map and Condominium Permit, if approved, is established by state law and/or city ordinance, and is very short. If you challenge the Tentative Tract Map and Condominium Permit 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. CASE FILE: CT 01-03/CP 01-01 CASE NAME: CALAVERA HILLS VILLAGE E 1 PUBLISH: JULY 25, 2002 CITY OF CARLSBAD PLANNING DEPARTMENT 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us S/T£ CALAVERA HILLS VILLAGE E-1 CT 01-03/CP 01-01 c CALAVERA HILLS II L L C 2 72 7 HOOVER AVE NATIONAL CITY 91950-6625 KEBLEY PS 4 53 7 HARTFORD PL CARLSBAD CA 92008-6514 JAMES A KETCHAM 4 53 5 HARTFORD PL CARLSBAD CA 92008-6514 LORETTA E REYNOLDS 4 501 GOOSE VALLEY RD HARRISBURG PA 17112-2172 TERESA S ClOCCA 4 531 HARTFORD PL CARLSBAD CA 92 008-6514 RONALD D GERDES PO BOX 6385 OCEANSIDE CA 92052-6385 ELIZABETH G HARRISON 4 527 HARTFORD PL CARLSBAD CA 92 008-6514 DOUGLAS J ANDERSON 4 53 6 HARTFORD PL CARLSBAD CA 92008-6514 RICHARD A RECK 4 534 HARTFORD PL CARLSBAD CA 92 008-6514 KIMBERLEE J PEASE 4532 HARTFORD PL CARLSBAD CA 92008-6514 PAMELA R PATERSON 4 74 9 EDINBURGH DR CARLSBAD CA 92008-6534 WILSON 1031 DAISY AVE CARLSBAD CA 92 009-4821 PAMELA S GLOVER 4 52 6 HARTFORD PL CARLSBAD CA 92008-6514 JAMES H Sc CHERYL LEAMON 4 535 NORWICH PL CARLSBAD CA 92008-6542 GEORGE D Sc LINDA HOOD 4 533 NORWICH PL CARLSBAD CA 92 008-6542 RANDOLPH S VORHIS 4 72 0 EDINBURGH DR CARLSBAD CA 92 0 08-6502 HEDWIG D GORSZWICK 4 534 NORWICH PL CARLSBAD CA 92 00 8-6542 MAUREEN LEHAN 2 973 RIDGEFIELD AVE CARLSBAD CA 92 008-6543 EVA M PETRY 50 0 EL CAMINO BURLINGAME CA REAL 2 08 94010-5154 WILLIAM H MCWETHY 11839 SORRENTO VALLEY R SAN DIEGO CA 92121-1040 WILLIAM L CHAMPION 2979 RIDGEFIELD AVE CARLSBAD CA 92 0 08-6543 VERA M THEISS 2 974 RIDGEFIELD AVE CARLSBAD CA 92008-6543 EVA M BROWN 2796 RIDGEFIELD AVE CARLSBAD CA 92008-6543 THOMAS J Sc JILL NASH 2 978 RIDGEFIELD AVE CARLSBAD CA 92008-6543 LANCE A JACKOLA 2980 RIDGEFIELD AVE CARLSBAD CA 92 008-6543 BERNICE C HILL 2 984 RIDGEFIELD AVE CARLSBAD CA 92008-6543 JEFF KUESTER 2986 RIDGEFIELD AVE CARLSBAD CA 92008-6543 CHARLES R CARTER 2 98 8 RIDGEFIELD AVE CARLSBAD CA 92008-6543 BARBARA A STROTHER 2 990 RIDGEFIELD AVE CARLSBAD CA 92 0 08-6543 LOUIS F JOHNSON 2 990 WOODBURY CT CARLSBAD CA 92008-6545 CJ LAURA SKARVADA 215 0 CORTE CIDRO CARLSBAD CA 92009-9010 DEBRA C NELSON 2 986 WOODBURY CT CARLSBAD CA 92008-6544 BILLIE J KELLY 2 984 WOODBURY CT CARLSBAD CA 92008-6544 THOMAS J CONNORS 2 97 9 WOODBURY CT CARLSBAD CA 92 008-6544 ALEX Sc ALICE KREMER 21193 S MATTOON RD ESTACADA OR 97023-8644 RUTH M FUQUA 170 ELY ST OCEANSIDE CA 92054-3858 CYD L Sc SIDNEY SHAW 2 985 WOODBURY CT CARLSBAD CA 92008-6544 JUDITH D WESTFALL 2 987 WOODBURY CT CARLSBAD CA 92008-6545 CURTIS A ROBERTSON 2 98 9 WOODBURY CT CARLSBAD CA 92008-6545 RUBEN B LUJAN 2 988 BRANDON CIR CARLSBAD CA 92008-6546 JACQUELINE ERSKINE 2 990 BRANDON CIR CARLSBAD CA 92008-6546 GLEN TAYLOR 2 992 BRANDON CIR CARLSBAD CA 92 008-654 6 HARRY P ACHENBACH 16416 WIKIUP RD RAMONA CA 92065-4644 DERK Sc ERIKA 2 996 BRANDON CARLSBAD CA FOLKERT CIR 92008-6546 SHERI LUONGO 2 998 BRANDON CIR CARLSBAD CA 92 0 08-6546 W H DRAPER PO BOX 381 OCEANSIDE CA 92049-0381 EULANA M BASTONE 3 002 BRANDON CIR CARLSBAD CA 92 008-654 7 ERIC VANHAMERSVELD $ 3 0 03 BRANDON CIR CARLSBAD CA 92008-6547 ROBERT L DAVIS 3 001 BRANDON CIR CARLSBAD CA 92 008-6547 NOUHADE DAOU 2 999 BRANDON CIR CARLSBAD CA 92008-6546 KAREN S KELLY 2 997 BRANDON CIR CARLSBAD CA 92 008-6546 EDWARD MARTINET 2 995 BRANDON CIR CARLSBAD CA 92008-6546 JAMES L GATES 1332 ARCADIA AVE VISTA CA 92084-3415 RICHARD L KRANTZ 924 ALYSSUM RD CARLSBAD CA 92 00 9-3907 STALEY RUSSELL K EST oF 1880 HARBOR ISLAND DR 3 SAN DIEGO CA 92101-1019 HILARY JOHNSON 3 9 99 SAN AUGUSTINE WAY SAN DIEGO CA 92130-2261 RICHARD G CROSS 2 982 BRANDON CIR CARLSBAD CA 92008-6546 WILLIAM B EVANS 2 97 8 BRANDON CIR CARLSBAD CA 92008-6546 SKEWES 53 7 E LOS AMIGOS AVE MONTEBELLO CA 9064 0-2847 LEO J Sc BEVERLEY MILLER 2 970 BRANDON CIR CARLSBAD CA 92008-6546 GLENN THOMASHOW 2 966 BRANDON CIR CARLSBAD CA 92 008-6546 FRANCES T ROBLES 2 962 BRANDON CIR CARLSBAD CA 92 008-6546 M BATEMAN 3 513 HASTINGS DR CARLSBAD CA 92 00 8-7041 WILLIAM J BRYANT ROBERT T 2 963 CAPE COD CIR 12 64 OAK CARLSBAD CA 92008-6548 CARLSBAD Sc JUDY HUTTON AVE CA 92008-1929 SANDRA B RAY 2 959 CAPE COD CIR CARLSBAD CA 92008-654! ELEONORE MCNABB 2 957 CAPE COD CIR CARLSBAD CA 92008-6548 CHRIS J KALIVAS 2 955 CAPE COD CIR CARLSBAD CA 92008-6548 RAYMOND Sc PEGGY KEERS 2 953 CAPE COD CIR CARLSBAD CA 92 0 08-6541 MONICA C NAVA 2 951 CAPE COD CIR CARLSBAD CA 92008-654! RAYMOND R SERLES 2 952 CAPE COD CIR CARLSBAD CA 92008-6548 JANET A BIEBER 2 954 CAPE COD CIR CARLSBAD CA 92 008-6548 DAVID J Sc MARY CROWDER 2 956 CAPE COD CIR CARLSBAD CA 92008-654f FIELDS TR 1761 MOUNT ANTIOCH CA HAMILTON DR 94509-8816 THOMAS R PROTZELLER 2 960 CAPE COD CIR CARLSBAD CA 92008-6548 DAVID L PHILLIPS 8603 CALMOSA AVE WHITTIER CA 90605-1526 JACKOB YERMIAN 3218 LONE JACK RD ENCINITAS CA 92024-7011 STEFFAN Sc SHAWNEE COX 4 542 CAMBRIDGE WAY CARLSBAD CA 92008-6550 FRANK A PUGLIESE 4 544 CAMBRIDGE WAY CARLSBAD CA 92 008-6550 STACEY C GOODSON 4 54 6 CAMBRIDGE WAY CARLSBAD CA 92 008-6550 WARREN E Sc DORIS JENKS 4 54 8 CAPE COD CIR CARLSBAD CA 92008-6549 COLETTE NESBIT 4 54 5 CAPE COD CIR CARLSBAD CA 92008-6549 ROBERT SANTONI 4552 CAPE COD CIR CARLSBAD CA 92008-6549 JANET GOSSELIN 4 554 CAPE COD CIR CARLSBAD CA 92 008-654 9 JAMES M Sc MARILYN HOPE 4558 CAPE COD CIR CARLSBAD CA 92008-6549 CAPE AT CALAVERA HILLS 3900 HARNEY ST SAN DIEGO CA 92110-2825 CAPE AT CALAVERA HILLS 3 900 HARNEY ST SAN DIEGO CA 92110-2825 CALAVERA HILLS II L L C 2 72 7 HOOVER AVE NATIONAL CITY 91950-6625 CALAVERA HILLS II L L C 2 72 7 HOOVER AVE ' NATIONAL CITY 91950-6625 CALAVERA HILLS II L L C 2727 HOOVER AVE NATIONAL CITY 91950-6625 CALAVERA HILLS II L L C 2 72 7 HOOVER AVE NATIONAL CITY 91950-6625 CALAVERA HILLS II L L C 2 72 7 HOOVER AVE NATIONAL CITY 91950-662 5 CALAVERA HILLS II L L C 2 72 7 HOOVER AVE NATIONAL CITY 91950-6625 *** 93 Printed *** A notice hasbeen mailed to all property owners/occupants listed hereir Date: <7//^/o^ Signature jrein. Citv of Carlsbad Planning Department NEGATIVE DECLARATION Project Address/Location: Southwest comer of Carlsbad Village Drive and College Boulevard in the City of Carlsbad, County of San Diego, State of Califomia. Project Description: Tentative Tract Map and Condominixim Permit to allow the subdivision and constmction of a 117 imit multifamily air-space condominium development within Village E-1 of the Calavera Hills Master Plan. The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the Califomia Enviromnental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, a Negative Declaration (declaration that the project will not have a significant impact on the enviromnent) is hereby issued for the subject project. Justification for this action is on file in the Planning Department. A copy of the Negative Declaration with supportive documents is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, Califomia 92008. Comments firom the public are invited. Please submit comments in writing to the Planning Department within 20 days of date of issuance. If you have any questions, please call Michael Grim in the Planning Department at (760) 602-4623. DATED: JULY 3, 2002 CASENO: CT 01-03/CP 01-01 CASENAME: CALAVERA HILLS VILLAGE E-1 PUBLISH DATE: JULY 3, 2002 MICHAEL J. HOLZI Planning Director LER 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART II (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO: CT 01-03/CP 01-01 DATE: June 24. 2002 BACKGROUND 1. CASE NAME: Calavera Hills Village E-1 APPLICANT: Calavera Hills II. LLC ADDRESS AND PHONE NUMBER OF APPLICANT: 2727 Hoover Ave. National Citv. CA 91950 (619)336-3138 DATE EIA FORM PART I SUBMITTED: Mav 29. 2002 2. 3. 4. 5. PROJECT DESCRIPTION: Tentative Tract Map and Condominium Permit to allow the subdivision and constmction of a 117 unit multifamily air-space condominium development within Village E-1 of the Calavera Hills Master Plan, on propertv generallv located at the southwest comer ofCarlsbad Village Drive and College Boulevard. SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The summary of environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact," or "Potentially Significant Impact Unless Mitigation Incorporated" as indicated by the checklist on the following pages. I I Land Use and Planning I I Population and Housing I I Geological Problems • water Air Quality Transportation/Circulation Q Pubhc Services I I Biological Resources \^ Utilities & Service Systems I I Energy & Mineral Resources |^ Aesthetics I I Hazards Cultural Resources Noise \^ Recreation I I Mandatory Findings of Significance Rev. 03/28/96 DETERMINATION. (To be completed by the Lead Agency) I I I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I I I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. I I I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ^ I find that the proposed project MAY have significant effect(s) on the environment, but at least one potentially significant effect 1) has been adequately analyzed in an earlier docimient pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. A Negative Declaration is required, but it must analyze only the effects that remain to be addressed. I I I find that although the proposed project could have a significant effect on the enviromnent, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, a Notice of Prior Compliance has been prepared. Planner SignatureV_ Date 02^ Planning Directors Signature Date Rev. 03/28/96 Q ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checkUst identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with infomiation to use as the basis for deciding whether to prepare an Enviroimiental Impact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. • A brief explanation is required for all answers except "No Impact" answers that are adequately supported by an infomiation source cited in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved. A "No Impact" answer should be explained when there is no source document to refer to, or it is based on project-specific factors as well as general standards. • "Less Than Significant Impact" applies where there is supporting evidence that the potential impact is not adversely significant, and the impact does not exceed adopted general standards and policies. • "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. • "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. • Based on an "EIA-Part II", if a proposed project could have a potentially significant effect on the environment, but all potentially significant effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required (Prior Compliance). • When "Potentially Significant Impact" is checked the project is not necessarily required to prepare an EIR if the significant effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a "Statement of Overriding Considerations" has been made pursuant to that earher EIR. • A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant effect on the environment. Rev. 03/28/96 • If there are one or more potentially sigmficant effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce impacts to less than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate "Potentially Significant Impact Unless Mitigation Incorporated" may be checked and a Mitigated Negative Declaration may be prepared. • An EIR must be prepared if "Potentially Significant Impact" is checked, and including but not limited to the following circumstances: (1) the potentially significant effect has not been discussed or mitigated in an EarUer EIR pursuant to appUcable standards, and the developer does not agree to mitigation measures that reduce the impact to less than significant; (2) a "Statement of Overriding Considerations" for the significant impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the impact to less than significant, or; (4) through the EIA-Part II analysis it is not possible to determine the level of significance for a potentially adverse effect, or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of significance. A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts which would otherwise be determined significant. Issues (and Supporting Information Sources). I. LAND USE AND PLANNING. Would the proposal:. a) Conflict with general plan designation or zoning? (Source #(s): (#l:Pgs 5.6-1 - 5.6-18) b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? (#l:Pgs 5.6-1 - 5.6-18) c) Be incompatible with existing land use in the vicinity? (#l:Pgs 5.6-1 -5.6-18) d) Affect agricultural resources or operations (e.g. impacts to soils or farmlands, or impacts from incompatible land uses? (#l:Pgs 5.6-1 - 5.6-18) e) Disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? (#l:Pgs 5.6-1 - 5.6-18) Potentially Significant Impact • • • • Potentially Less Than No Significant Significant Impact Unless Impact Mitigation Incorporated • • • • • m • m • m • m • • • B II. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? (#l:Pgs 5.5-1 - 5.5-6) b) Induce substantial growth in an area either directly or indirectly (e.g. through projects in an imdeveloped area or extension of major infrastructure)? (#l:Pgs 5.5-1 - 5.5-6) c) Displace existing housing, especially affordable housing? (#l:Pgs 5.5-1 - 5.5-6) • • • • • B • m • • • K III. GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential unpacts involving: Rev. 03/28/96 Q Issues (and Supporting Information Sources). a) Fault rupture? (#l:Pgs 5.1-1 - 5.1-15) b) Seismic ground shaking? (# 1 :Pgs 5.1 -1 - 5.1 -15) c) Seismic ground failure, including liquefaction? (#l:Pgs 5.1-1-5.1.15) d) Seiche, tsunami, or volcanic hazard? (#l:Pgs 5.1-1 - 5.1-15) e) Landslides or mudflows? (#l:Pgs 5.1-1 - 5.1-15) f) Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? (#l:Pgs 5.1-1-5.1-15) g) Subsidence ofthe land? (#l:Pgs 5.1-1 - 5.1-15) h) Expansive soils? (#l:Pgs 5.1-1 - 5.1-15) i) Unique geologic or physical features? (#l:Pgs 5.1-1 - 5.1-15) Potentially Significant Impact • • • • • • • • • Potentially Less Than No Significant Significant Impact Unless Impact Mitigation Incorporated • • • • • • • • • • El • K • m • • s • • s • • s z rv. WATER. Would the proposal result in: a) Changes in absorption rates, drainage pattems, or the rate and amount of surface runoff? (#l:Pgs 5.2-1 - 5..2- 11) b) Exposiu-e of people or property to water related hazards such as flooding? (#l:Pgs 5.2-1 - 5..2-11) c) Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? (#1 :Pgs 5.2-1 - 5..2-11) d) Changes in the amount of surface water in any water body? (#l:Pgs 5.2-1 -5..2-11) e) Changes in currents, or the course or direction of water movements? (#l:Pgs 5.2-1 - 5..2-11) f) Changes in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? (#L-Pgs 5.2-1 - 5..2-11) g) Altered direction or rate of flow of groimdwater? (#l:Pgs 5.2-1 -5..2-11) h) Impacts to groundwater quality? (#l:Pgs 5.2-1 - 5..2- 11) i) Substantial reduction in the amount of groundwater otherwise available for public water supplies? (#l:Pgs 5.2-1 -5..2-11) V. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? (#l:Pgs 5.3- 1 - 5.3-12) b) Expose sensitive receptors to pollutants? (#l:Pgs 5.3-1 - 5.3-12) c) Alter air movement, moisture, or temperature, or cause any change in climate? (#l:Pgs 5.3-1 - 5.3-12) d) Create objectionable odors? (#l:Pgs 5.3-1 - 5.3-12) • • • X • • • X • • • X • • • X • • • X • • • X • • • X • • • X • • • X X • • • • • • X • • • • • • X Rev. 03/28/96 Issues (and Supporting Infonnation Sources). VI. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? (#l:Pgs 5.7-1 - 5.7.22) b) Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? (#l:Pgs 5.7-1 - 5.7.22) c) Inadequate emergency access or access to nearby uses? (#l:Pgs 5.7-1-5.7.22) d) Insufficient parking capacity on-site or off-site? (#l:Pgs 5.7-1 -5.7.22) e) Hazards or barriers for pedestrians or bicyclists? (#l:Pgs 5.7-1 -5.7.22) f) Conflicts with adopted policies supporting altemative transportation (e.g. bus tumouts, bicycle racks)? (#l:Pgs 5.7-1-5.7.22) g) Rail, waterbome or air traffic impacts? (#l:Pgs 5.7-1 - 5.7.22) Potentially Potentially Less Than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated • • • • • • • • • X • • • X • • • X • • • X • • • X VII. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds? (#l:Pgs 5.4-1 - 5.4-24) b) Locally designated species (e.g. heritage trees)? (#1.-Pgs 5.4-1 -5.4-24) c) Locally designated natural communities (e.g. oak forest, coastal habitat, etc.)? (#l:Pgs 5.4-1 - 5.4-24) d) Wetland habitat (e.g. marsh, riparian and vemal pool)? (#l:Pgs 5.4-1 -5.4-24) e) Wildlife dispersal or migration corridors? (#1 :Pgs 5.4-1 - 5.4-24) • • • H • • • • • • • • • • • • VIII. ENERGY AND MINERAL RESOURCES. Would the proposal? a) Conflict with adopted energy conservation plans? (#l:Pgs 5.12.1-1 - 5.12.1-5 & 5.13-1 - 5.13-9) b) Use non-renewable resources in a wastefiil and inefficient manner? (#l:Pgs 5.12.1-1 -5.12.1-5 & 5.13- 1 - 5.13-9) c) Result in the loss of availability of a known mineral resoiurce that would be of future value to the region and lhe residents ofthe State? (#l:Pgs 5.12.1-1 - 5.12.1-5 & 5.13-1-5.13-9) • • • X • • • X • • • X IX. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals or radiation)? (#l:Pgs 5.10.1-1 - 5.10.1-5) b) Possible interference with an emergency response plan or emergency evacuation plan? (#l:Pgs 5.10.1-1 - 5.10.1-5) c) The creation of any health hazard or potential health hazards? (#l:Pgs 5.10.1-1 - 5.10.1-5) • • • X • • • X • • • X Rev. 03/28/96 Issues (and Supporting Information Sources). d) Exposure of people to existing sources of potential health hazards? (#l:Pgs 5.10.1-1 - 5.10.1-5) e) Increase fire hazard in areas with flammable bmsh, grass, or trees? (#l:Pgs 5.10.1-1 - 5.10.1-5) Potentially Significant Impact • • Potentially Significant Unless Mitigation Incorporated • • Less Than Significant Impact • • No Impact X. NOISE. Would the proposal result in: a) Increases in existing noise levels? (#l:Pgs 5.9-1 - 5.9- |^ |^ ^ 1^) b) Exposure of people to severe noise levels? (#l:Pgs 5.9- I I I I I I 1-5.9-15) ' I—1 l_l XI. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered govemment services in any of the following areas: a) Fire protection? (#l:Pgs 5.12.5-1-5.12.5-6) | | | | | | b) Policeprotection?(#l:Pgs 5.12.6-1-5.12.6-4) | | | | | | c) Schools? (#l:Pgs 5.12.7.1-5.12.7-5) | | | | | | d) Maintenance of public facilities, including roads? |^ | | | | e) Other govemmental services? (#l:Pgs 5.12.1-1 - I I I I I I 5.12.8-7) l—J U_l l__l z z z m XII. UTILITIES AND SERVICES SYSTEMS. Would the proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: a) Power or natural gas? (#l:Pgs 5.12.1-1 - 5.12.1-5 & 5.13-1-5.13-9) b) Communications systems? c) Local or regional water treatment or distribution facilities? (#l:Pgs 5.12.2-1 - 5.12.3-7) Sewer or septic tanks? (#l:Pgs 5.12.3-1 - 5.12.3-7) Storm water drainage? (#l:Pg 5.2-8) Solid waste disposal? (#l:Pgs 5.12.4-1 - 5.12.4-3) d) e) f) g) Local or regional water supplies? (#l:Pgs 5.12.2-1 5.12.3-7) • • • • • • • • • • • • • • • • • • • • • m m z z Kl XIII. AESTHETICS. Would the proposal: a) Affect a scenic or vista or scenic highway? (#l:Pgs 5.11-1-5.11-5) b) Have a demonstrated negative aesthetic effect? (#l:Pgs 5.11-1-5.11-5) c) Create light or glare? (#l:Pgs 5.11-1 - 5.11-5) XIV. CULTURAL RESOURCES. Would the proposal: a) Disturb paieontological resources? (#l:Pgs 5.8-1 - 5.8- 10) b) Disturb archaeological resources? (#l:Pgs 5.8-1 - 5.8- 10) c) Affect historical resources? (#l:Pgs 5.8-1 - 5.8-10) • • • X • • • X • • • X • • • X • • • • • • X Rev. 03/28/96 Issues (and Supporting Information Soiu^ces). d) Have the potential to cause a physical change which would affect unique ethnic cultural values? (#1 :Pgs 5.8- 1 - 5.8-10) e) Restrict existing religious or sacred uses within the potential impact area? (#l:Pgs 5.8-1 - 5.8-10) XV. RECREATIONAL. Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreational facilities? (#l:Pgs 5.12.8-1 - 5.12.8-7) b) Affect existing recreational opportunities? (#l:Pgs 5.12.8-1-5.12.8-7) Potentially Significant Impact • • • • Potentially Significant Unless Mitigation Incorporated • • • • Less Than Significant Impact • • No Impact Kl • M • m XVI. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the envirormient, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of Califomia history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will cause the substantial adverse effects on human beings, either directly or induectly? • • • K • • • H • • • H XVII. EARLIER ANALYSES. The following site-specific technical studies were used in the analysis and design of this project and are on file in the City of Carlsbad Planning Department, 1635 Faraday Avenue, Carlsbad, Califomia, 92008. (760) 602-4600. 1. Update of Geotechnical Report. Calavera Hills Village E-1. Citv of Carlsbad. Califomia. dated August 28, 2000, Geosoils, Inc. 2. Tentative Map Drainage Study for Calavera HiUs E-L Citv of Carlsbad. CaUfomia. dated May 28,2002, Hunsaker and Associates. 3. Noise Technical Report for Calavera Hills Master Plan Phase II Village E-L Citv of Carlsbad. CaUfomia, dated December 13,2001, Recon. Rev. 03/28/96 DISCUSSION OF ENVIRONMENTAL EVALUATION The Calavera Hills Village E-1 project involves the subdivision and constmction ofa 117 unit multifamily airspace condominium development within Village E-1 of the Calavera Hills Master Plan. The 9.34 acre site was originally created with a Minor Subdivision (MS 832, recorded September 21, 1990) and was remapped through the Calavera Hills Phase II Master Plan Amendment and Master Tentative Map (MP 150(H)/CT 00-02). The site will be graded in accordance with the Phase II map. The potential environmental impacts associated with the grading of Village E-1 were reviewed through the Environmental Impact Report for the Phase II Master Plan Amendments (EIR 98-02, certified January 15, 2002). The Environmental Impact Report for Calavera Hills Phase II also reviewed the impacts associated with the development of Village E-1 with up to 117 multifamily condominium units. This environmental document also reviewed the potential environmental impacts associated with the future extension of College Boulevard, which will provide frontage but not access to Village E-1. Since the grading of Village E-1 cannot proceed until the Master Tentative Map has been recorded and/or the associated grading permit has been issued, the following environmental analysis deals only with the development of Village E-1 with the proposed multifamily air-space condominium project. The 9.34 acre condominium site is bound by the fiiture extension of College Boulevard to the east, the existing single family development known as The Cape to the south, existing Glasgow Drive and the Calavera Hills Conimunity Park to the west, and Carlsbad Village Drive and future single-family development in Village K to the north. The proposed multifamily residential use is compatible with all of the existing and future surrounding residential land uses. Calavera Hills Village E-1 is designated Residential Medium High (RMH) in the City's General Plan, allowing up to 15 dwelling units per developable acre with a Growth Management Control Point of 11.5 dwelling per acre. The proposed density is 12.5 dwelling units per acre, which lies within the allowable General Plan range but over the Growth Management Confrol Point. The Calavera Hills Phase II Master Plan Amendment included an amendment to the Zone 7 Local Facilities Management Plan, which allows for Village E-1 to exceed the Growth Management Confrol Point due to lesser densities elsewhere in the Master Plan and the provision of adequate facilities to serve the units proposed within Village E-1. The project site is zoned Planned Conimunity (P-C) and, according to the Calavera Hills Master Plan (MP 150(H)), the site is to be developed in accordance with the Residential Density - Multiple (RD-M) Zone, except as modified in the Master Plan. The proposed development would consist of 29 residential buildings, private sfreets and driveways, three common recreation facilities, and 60 surface guest parking spaces. The residential buildings would consist of 14 six-plex buildings and 11 three-plex in a motor court style development, all units possessing a private two-car garage. The buildings would measure 34 feet in height and the condominium units would range in size from 1,350 square feet to 1,550 square feet. The total building coverage for the project would be 26 percent (or 2.46 acres). The project is consistent with the City's General Plan and meets all development standards of the Master Plan and the RD-M zoning designation. The proposed development would necessitate approximately 18,630 cubic yards of cut, 15,760 cubic yards of fiU, with 2,870 cubic yards of export subsequent to the mass grading associated with the Calavera Hills Phase II Map (CT 00-02) for Village E-1. The site development would also include several retaining walls, with a maximum height of six feet. All grading operations would be required to conform to the recommendations ofthe site-specific geotechnical report, as well as the City of Carlsbad Grading Ordinance. In addition, an all-weather access road would 9 Rev. 03/28/96 Q be provided throughout constmction and Fire marshal approval would be required prior to storage of hazardous materials on site. The residential project would take access off of existing Glasgow Drive to the west and would generate 936 average daily traffic trips, which can be accommodated by the collector street and the adjoining major arterial roadways of Carlsbad Village Drive and College Boulevard. The project would be required to comply with the City's national pollutant Discharge EUmination System (NPDES) Permit through the implementation of Best Management Practices, thus reducing the amount of pollutants entering the pubUc storm drain system. All facilities need to serve the 117 condominium units would be provided prior to occupancy, in association with the Phase II Master Tentative Map (CT 00-02) grading and improvement plans as well as the proposed air-space condominium tentative map (CT 01-03). In addition, the Carlsbad Unified School District has stated that there are adequate school facilities to serve the proposed condominium project. Due to the project's proximity to College Boulevard, the master plan requires that a site-specific noise study be conducted. That noise study indicates that noise attenuation walls are needed along the project's frontage with College Boulevard, Carlsbad Village Drive, and a portion of Glasgow Drive. These walls would range in size from three (3) feet to 11 feet high and would be incorporated into the project design. The project architecture incorporates sfrong relief and a variety of materials and colors, thus not creating any negative aesthetic visual impacts from public views. Given the above analysis, the previous environmental documentation and the site- specific technical reports, the proposed Calavera Hills Village E-1 condominium project would not create any significant adverse environmental impacts as designed and conditioned. AIR OUALITY: In 1994 the City prepared and certified an EIR which analyzed the impacts which will result from the build-out of the City under an updated General Plan. That document concludes that continued development to build-out as proposed in the updated General Plan will have cumulative significant impacts in the form of increased gas and electric power consumption and vehicle miles traveled. These subsequently result in increases in the emission of carbon monoxide, reactive organic gases, oxides of nifrogen and sulfur, and suspended particulates. These aerosols are the major contributors to air pollution in the City as well as in the San Diego Air Basin. Since the San Diego Air Basin is a "non-attainment basin", any additional air emissions are considered cumulatively significant: therefore, continued development to build-out as proposed in the updated General Plan will have cumulative significant impacts on the air quality of the region. To lessen or minimize the impact on air quaUty associated with General Plan build-out, a variety of mitigation measures are recommended in the Final Master EIR. These include: 1) provisions for roadway and intersection improvements prior to or concurrent with development; 2) measures to reduce vehicle trips through the implementation of Congestion and Transportation Demand Management; 3) provisions to encourage altemative modes of fransportation including mass fransit services; 4) conditions to promote energy efficient building and site design; and 5) participation in regional growth management strategies when adopted. The appUcable and appropriate General Plan air quality mitigation measures have either been incorporated into the design ofthe project or are included as conditions ofproject approval. Operation-related emissions are considered cumulatively significant because the project is 10 Rev. 03/28/96 o o located within a "non-attainment basin", therefore, the "Initial Study" checkUst is marked "Potentially Significant Impact". This project is consistent with the General Plan, therefore, the preparation of an EIR is not required because the certification of Final Master EIR 93-01, by City Council Resolution No. 94-246, included a "Statement Of Overriding Considerations" for air quality impacts. This "Statement Of Overriding Considerations" applies to all projects covered by the General Plan's Final Master EIR. This project is within the scope ofthat MEIR. This document is available at the Planning Department. CIRCULATION: In 1994 the City prepared and certified a Master EIR which analyzed the impacts which would result from the build-out of the City under an updated General Plan. That document concluded that continued development to build-out as proposed in the updated General Plan will result in increased fraffic volumes. Roadway segments will be adequate to accommodate build-out traffic; however, 12 full and 2 partial intersections will be severely impacted by regional through-traffic over which the City has no jurisdictional confrol. These generally include all freeway interchange areas and major intersections along Carlsbad Boulevard. Even with the implementation of roadway improvements, a number of intersections are projected to fail the City's adopted Growth Management perfonnance standards at build-out. To lessen or minimize the impact on circulation associated with General Plan build-out, numerous mitigation measures have been recommended in the Final Master EIR. These include: 1) measures to ensure the provision of circulation facilities concurrent with need; 2) provisions to develop altemative modes of fransportation such as frails, bicycle routes, additional sidewalks, pedestrian linkages, and commuter rail systems; and 3) participation in regional circulation sfrategies when adopted. The diversion of regional through-traffic from a failing Interstate or State Highway onto City streets creates impacts that are not within the jurisdiction of the City to control. The applicable and appropriate General Plan circulation mitigation measures have either been incorporated into the design of the project or are included as conditions ofproject approval. Regional related circulation impacts are considered cumulatively significant because of the failure of intersections at build-out ofthe General Plan due to regional through-fraffic, therefore, the "Initial Study" checklist is marked "Potentially Significant Impact". This project is consistent with the General Plan, therefore, the preparation of an EIR is not required because the recent certification of Final Master EIR 93-01, by City Council Resolution No. 94-246, included a "Statement Of Overriding Considerations" for circulation impacts. This "Statement Of Overriding Considerations" applies to all projects covered by the General Plan's Master EIR. This project is within the scope of that MEIR. This document is available at the Planning Department. A MEIR may not be used to review projects if it was certified more than five years prior to the filing of an appUcation for a later project. The City is currently reviewing the 1994 MEIR to determine whether it is still adequate to review subsequent projects. Although the MEIR was certified more than five years ago, the City's preliminary review of its adequacy finds that no substantial changes have occurred with respect to the circumstances under which the MEIR was certified. The only potential changed circumstance, the intersection failure at Palomar Airport Rd. and El Camino Real, is in the process of being mitigated to below a level of significance. Additionally, there is no new available information, which was not known and could not have been known at the time the MEIR was certified. Therefore, the MEIR remains adequate to review later projects. 11 Rev. 03/28/96 EARLIER ANALYSES USED The following documents were used in the analysis of this project and are on file in the City of Carlsbad Planning Department located at 1635 Faraday Avenue, Carlsbad, Califomia, 92008, (760) 602-4600. 1. Final Master Environmental Impact Report for the City of Carlsbad General Plan Update (MEIR 93-01), dated March 1994, City ofCarlsbad Planning Department. 2. Calavera Hills Master Plan Phase II. Bridge and Thoroughfare District No. 4 & Detention Basins Final Environmental Impact Report (EIR 98-02). dated November 2001, Recon. 12 Rev. 03/28/96 RECEIVED ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART I MAY 2 9 2002 CITY OF CARLSBAD ^.^^K.^ PLANNING DEPT. CASE NO: DATE RECEIVED: (To be complete by staff) BACKGROUND L 2. 3. CASE NAME: Calavera Hills Villaqe E-1 APPLICANT: Calavera Hills II. LLC ADDRESS AND PHONE NUMBER OF APPLICANT: Calavera Hills II. LLC, c/o McMillin Companies: 2727 Hoover Avenue. National Citv. CA (619) 336-3735 PROJECT DESCRIPTION: Tentative subdivision map and condominium permit for 117 attached condominium units to be located on a 9.9 net acre pad, located at the southeast corner of Carlsbad Villaqe Drive and Colleqe Boulevard. The proposed project will involve construction primarilv of two and three-storv tri-plex units, with access proposed from Glasgow Drive. SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: Please check any of the environmental factors listed below that would be potentially affected by this project. This would be any environmental factor that has at least one impact checked "Potentially Significant Impact," or "Potentially Significant Impact Unless Mitigation Incorporated" in the checklist on the following pages. • Land Use And Planning • Population and Housing • Geological Problems • Water X Air Quality X • • • X • Transportation/Circulation Biological Resources Energy & Mineral Resources Hazards Noise X Public Services X Utilities & Services • Aesthetics X CulturalResources • Recreation Mandatory Findings of Significance Rev. 03/28/96 ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, Secfion 15063 requires that the City conduct an Environnnental Impact Assessment to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. • A brief explanation is required for all answers except "No Impact" answers that are adequately supported by an infomiation source cited in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved. A "No Impact" answer should be explained when there is no source document to refer to, or it is based on project-specific factors as well as general standards. • "Less Than Significant Impact" applies where there is supporting evidence that the potential impact is not adversely significant, and the impact does not exceed adopted general standards and policies. • "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. • "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. • Based on an "EIA-Part II," if a proposed project could have a potentially significant effect on the environment, but aH potentially significant effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that eartier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required (Prior Compliance). • When "Potentially Significant Impacf is checked the project is not necessarily required to prepare an EIR ifthe significant effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be Rev. 03/28/96 mitigated, or a "Statement of Overriding Considerations" has been made pursuant to that earlier EIR. • A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant effect on the environment • If there are one or more potentially significant effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce impacts to less than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate "Potentially Significant Impact Unless Mitigation Incorporated" may be checked and a Mitigated Negative Declaration may be prepared. • An EIR must be prepared if "Potentially Significant Impact" is checked, and including but not limited to the following circumstances: (1) the potentially significant effect has not been discussed or mitigated in an Earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the impact to less than significant; (2) a "Statement of Ovemding Considerations" for the significant impact has not been made pursuant to an eariier EIR; (3) proposed mitigation measures do not reduce the impact to less than significant, or; (4) through the EIA-Part II analysis it is not possible to determine the level of significance for a potentially adverse effect, or detemnine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of significance. A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts which would otherwise be determined significant. Rev. 03/28/96 Issues (and Supporting Information Sources): (Supplemental documents may be referred attached) to and Potentially Significant Impact I. LAND USE AND PLANNING. Would the proposal:. a) Conflict with general plan designation or zoning? (The proposed project will not conflict with the existing Land Use Element of the General Plan in that the proposed use is within the density range allowable in the RMH land use category. (#1, #2, #3) h) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? The proposed project is consistent with the existing Calavera Hills Master Plan. Additionally, the proposed project is consistent with the City of Carlsbad Draft Habitat Management Plan (HMP). (#3, #6) c) Be incompatible with existing land use in the vicinity? (The proposed project is not anticipated to be incompatible with the surround residential land uses in the area inasmuch as the most adjacent developed property is to the south, and the proposed project will be of a compatible density. (#1, #2, #3) d) Affect agricultural resources or operations (e.g. impacts to soils or farmlands, or impacts from incompatible land uses? (The proposed project will not have a significant impact on soils or farmlands; the City's Final Master EIR and the Calavera Hills Phase II FEIR anticipate and plan for urban development of the site. No agricultural operations exist or previously existed on the subject site in recent history; (#2, #3) e) Disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? (Existing urban develop- ment occurs to the south of the proposed project, however the proposed project will not divide the physical arrangement of any established community. The project will indirectly add to the stock of affordable housing through implementation of a future affordable housing agreement with the City of Carlsbad. (#1, #2, #3) Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact X X X X X Rev. 03/28/96 ^^^^ Issues (and Supporting Information Sources): (Supplemental documents may be referred to and attached) Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact II. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? (The proposed project proposes no increase in regional or local population projections approved in conjunction with the City's Final Master EIR (#2, #3) X b) Induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? (The proposed concominium development of Village E-1 involves development of an urbanized site, located at the intersection of two arterial roadways. No extensions of major infrastructure are proposed. All improvements proposed are within the subject property, or along its direct frontage. (#1, #2, #3) X c) Displace existing housing, especially affordable housing? (The proposed project site is presently undeveloped and will not displace any existing housing; (#2, #3) X III. GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: a) Fault rupture? (The proposed project is not located near active or potentially active faults. Standard engineering design and construction practices should mitigate potential impacts associated with earthquakes to a less than significant impact; (#2, #3, #11) X b) Seismic ground shaking? (Seismic risk on the subject site is considered low. The proposed project will mitigate the effects of potential seismic ground shaking by following all pertinent State and Local building codes for construction, including measures identified in the General Plan Public Safety Element Implementing Policies and Action Plans and the Calavera Hills Phase II FEIR; (#2, #3, #11) X Rev. 03/28/96 Issues (and Supporting Information Sources): (Supplemental documents may be referred to and attached) c) Seismic ground failure, including liquefaction? (The proposed project will mitigate the effects of potential seismic ground shaking by following all pertinent State and Local building codes and standard regional engineering practices for design and construction as required in conjunction with the Carlsbad Master EIR and the Calavera Hills PhasellFEIR;(#2, #3, #77) d) Seiche, tsunami, or volcanic hazard? (The proposed project is not located in an area susceptible to seiche, tsunami or volcanic hazard; (#2) e) Landslides or mudflows? (The proposed project is located on land considered in previous environmental documents as suitable for development, and will mitigate the potential for landslides and mudflow on the site by grading in a manner consistent with the City's Grading Ordinance and as directed by the soils report; (#2, #3, #11) f) Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? (The proposed project has been previously mass graded. As a result of its future development, it will mitigate the potential for erosion, changes in topography or unstable soil conditions on the site by grading in a manner consistent with the City's Grading Ordinance, and including mitigation measures identified in the General Plan Public Safety Element Implementing Policies and Action Programs; (#1, #2, #11) g) Subsidence of the land? (The previously-graded natural soils stability onsite is considered generally good. The proposed project will mitigate the potential for subsidence on the site by grading in a manner consistent with the City's Grading Ordinance and the recommendations set forth in the Calavera Hills Phase II FEIR and the soils report; (#2, #3. #11) Potentially Signiflcant Impact Potentially Significant Unless Mitigation Less Than Significant Impact No Impact X X X X X Rev. 03/28/96 Issues (and Supporting Information Sources): (Supplemental documents may be referred to and attached) h) Expansive soils? (The City's Master EIR concluded that significant impacts associated with expansive soils can be mitigated to a level of less than significant through the implementation of mitigation measures identified in the General Plan Public Safety Element Implementing Policies and Action Programs. The proposed project will mitigate the potential for damage from expansive soil conditions on the site by grading in a manner consistent with these measures, and the City's Grading Ordinance and the Calavera Hills Phase II FEIR] (#1, #2, #11) i) Unique geologic or physical features? (The proposed project has been previously graded, and is not located in an area with unique geologic or physical features; (#2d, #3) Potentially Significant Impact Potentially Significant Unless Mitigation Less Than Significant Impact No Impact X X IV. WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? (The proposed project is not anticipated to adversely effect changes in absorption rates, drainage patterns or surface runoff, in that it will comply with the City of Carlsbad's policies regarding surface runoff quantities and rates in compliance the Final Master EIR and the Calavera Hills Phase II FEIR;(#2, #3, #11) b) Exposure of people or property to water related hazards such as flooding? (The proposed project will be designed to not increase the amount of drainage runoff from the site in its developed, when compared to its existing state prior to development; (#2, #11) c) Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? (The proposed project will not discharge directly or in an uncontrolled manner into any surface waters or result in an alteration of water quality; (#2, #3) X X X Rev. 03/28/96 Issues (and Supporting Information Sources): (Supplemental documents may be referred to and attached) d) Changes in the amount of surface water in any water body? (Eventual development of the proposed project will not discharge directly or in an uncontrolled manner into any surface waters or result in an alteration of water quality since mitigation measures including the use of temporary onsite, and permanent downstream sedimentation and retention basins will be utilized; (#3, #11) e) Changes in currents, or the course or direction of water movements? (Development of the proposed project will result in no substantive change in the course or direction of water movement; (#2, #3) f) Changes in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? (The City's General Plan and the General Plan Master EIR contemplate urban residential development of Village E-1, and the project will not result in any significant withdrawals or additions to the groundwater; (#2, #3) g) Altered direction or rate of flow of groundwater? (The City's General Plan Master EIR contemplates urban development of the subject villages, and the project will not result in any significant alteration in the direction or rate of flow of groundwater; (#2, #3, #11) h) Impacts to groundwater quality? (All pesticides, oil grease and other toxic substances contained in typical urban runoff will be controlled consistent with Federal and State law. As a result, the proposed project will not result in significant impacts to groundwater quality; the City's General Plan EIR contemplates urban development of this site consistent with the proposed project; (#2, #11) i) Substantial reduction in the amount of groundwater otherwise available for public water supplies? (The proposed project will not result in significant impacts to groundwater; the City's General Plan EIR contemplates urban development ofthis site; (#2, #3, #9, #11) Potentially Significant Impact Potentially Significant Unless Mitigation Less Than Significant Impact No Impact X X X X X X Rev. 03/28/96 Issues (and Supporting Information Sources): (Supplemental documents may be referred to and attached) V. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? (Covered under the City's General Plan EIR. See Discussion of Environmental Evaluation at the end of this checklist). b) Expose sensitive receptors to pollutants? (Other than the impacts described in the Discussion of Environmental Evaluation, the proposed project is not anticipated to create significant impacts to sensitive receptors; (#2, #3) c) Alter air movement, moisture, or temperature, or cause any change in climate? (The proposed project will not invoke or result in climatic, temperature, moisture or air mass changes; (#2, #3) d) Create objectionable odors? (The proposed project is a typical urban residential development. Residential uses are not generally considered to create noxious odors; (#2, #3) Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact X X X X VI. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? (The proposed project involves development which will generate approximately 936 ADT. Although in and of itself, this increase is not considered significant, the City of Carlsbad has determined that a potential regional significant impact to traffic congestion could result from this and all other projects in the City. See Discussion of Environmental Evaluation at the end of this checklist. b) Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? (The proposed project does not involve the design or development of sharp or hazardous design features. The project will be designed in compliance with all applicable City polices and codes regarding circulation design which were addressed in the City's General Plan Master EIR and the Calavera Hills Phase II FEIR; (#2. #3) X X 10 Rev. 03/28/96 0^. w Issues (and Supporting Information Sources): (Supplemental documents may be referred to and attached) c) Inadequate emergency access or access to nearby uses? (The project proposes the installation of circulation infrastructure concurrent with need. In order to be consistent with City standards, eventual development of the site will provide emergency access in compliance with applicable City codes and is designed in compliance with all applicable City polices regarding circulation design which were addressed in the City's General Plan EIR. (#1, #2, #5, #12) d) Insufficient parking capacity on-site or off-site? (The proposed project does not involve actual design of development of the subject site, and as a result will not result in significant impacts to parking capacity. (#12) e) Hazards or barriers for pedestrians or bicyclists? (The proposed project does not involve actual design of development of the subject site, and as a result will not result in significant impacts to pedestrians or bicyclists. (#12) f) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? (The proposed project will be developed in compliance with the existing City polices and codes regarding alternative modes of transportation which have been addressed in the City's General Plan Master EIR. (#1, #2, #12) g) Rail, waterbome or air traffic impacts? (The proposed project does not preclude and is in compliance with applicable City polices and codes regarding alternative modes of transportation which were addressed in the City's General Plan Master EIR; (#2, #3, #12) Potentially Significant Impact Potentially Significant Unless Mitigation Less Than Significant Impact No Impact X X X X X 11 Rev. 03/28/96 Issues (and Supporting Information Sources): (Supplemental documents may be referred to and attached) Vll. BIOLOGICAL RESOURCES, result in impacts to: Would the proposal a) Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds? (The proposed project involves development of a previously graded site, which does not contain biologically sensitive, endangered, threatened or rare plant or animal species, nor their habitats. As a result no impact to these resources is anticipated. (#3, #6, #8) b) Locally designated species (e.g. heritage trees)? (The proposed project does not involve disturbance to locally designated biological species; (#3, #6) c) Locally designated natural communities (e.g. oak forest, coastal habitat, etc.)? (The proposed project involves development of a site devoid of natural communities and as a result wil not affect locally designated natural communities, (#3, #6j d) Wetland habitat (e.g. marsh, riparian and vernal pool)? (The proposed project does not involve direct impacts to wetland habitats, however indirect impacts could occur to downstream riparian scrub wetland and sycamore woodland as a result of potential sedimentation resulting from development; (#2, #3, #6) e) Wildlife dispersal or migration corridors? (The proposed project will not result in an impact on wildlife dispersal or migration corridors since the subject property is devoid of natural communities and resources. (#3, #6) Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact X X X X X VIII.ENERGY AND MINERAL RESOURCES, proposal? Would the a) Conflict with adopted energy conservation plans? (Development of the proposed project will be designed in conformance with all applicable federal, state and local polices and codes relating to energy conservation including State Title No. 24. The project falls within the realm of urban uses anticipated under the City's General Plan Master EIR; (#2, #3, #5) X 12 Rev. 03/28/96 Issues (and Supporting Information Sources): (Supplemental documents may be referred to and attached) b) Use non-renewable resources in a wasteful and inefficient manner? (Eventual development of the proposed project will be designed in conformance with all applicable federal, state and local polices and codes relating to energy conservation; the project will comply and implement Housing Element Action Program 5.1 which implements residential energy efficient standards; (#2). c) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? (The proposed project is located within an area with known mineral deposits however these minerals are not considered of significant value and urban development is planned for this area of the City, which has previously been found in the General Plan Master EIR to not constitute a significant impact; (#1,#2) Potentially Potentially Less Than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated X X IX. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals or radiation)? (The proposed project does not affect the previous findings of consistency with the City of Carlsbad Emergency Plan for Calavera Hills, and does not include any uses that would likely involve accidental explosions, or a release of liazardous materials. As a result, it is concluded that the project will not involve risk of these circumstances as determined in the City's General Plan Master EIR; (#2) b) Possible interference with an emergency response plan or emergency evacuation plan? (The proposed project does not propose modifications to the Calavera Hills Master Plan which would impede emergency response to any significant degree as indicated in the Calavera Hills Phase II FEIR; (#3) X X 13 Rev. 03/28/96 Issues (and Supporting Information Sources): (Supplemental documents may be referred to and attached) c) The creation of any health hazard or potential health hazards? (The proposed project is a typical residential project and is not expected to create any health hazards. A 138 KV electrical transmission line is located southerly of the subject site. The General Plan Master EIR addressed electro magnetic fields (EMF's) and concluded that scientific research has not established that EMF's are harmful to human health; (#2. #3) d) Exposure of people to existing sources of potential health hazards? (There are no known existing potential health hazards in the vicinity of the proposed project as determined in the City General Plan Master EIR; (#2) e) Increase fire hazard in areas with flammable brush, grass, or trees? (Preserved habitat areas containing high fuel plant species are proposed in close proximity to the subject project. The proposed design incorporates provisions of the City Landscape Manual Fire Suppression standards as approved by the City Fire Marshal. As a result it is concluded that the proposed project will not increase fire hazard and will and comply with all applicable City policies regarding fire suppression and low fuel planting; (#2, #7, #9) Potentially Significant Impact Potentially Significant Unless Mitigation Less Than No Significant Impact Impact X X X NOISE. Would the proposal result in: a) Increases in existing noise levels? (The proposed project involves residential multi family development adjacent to a College Blvd., a major arterial roadway. As a result, noise impacts from this roadway source could be significant and will necessitate mitigation. The exact form of mitigation has been addressed in a site specific noise analysis and in the Calavera Hills Phase II FEIR; (#2, #3, #12) 14 Rev. 03/28/96 Issues (and Supporting Information Sources): (Supplemental documents may be referred to and attached) b) Exposure of people to severe noise levels? (Development of the subject village for residential purposes will result in the potential for significant noise impacts from College Boulevard and Carlsbad Village Drive. The potential significant adverse impacts relative to noise levels from these arterial roadways could be mitigated for the proposed project through the construction of noise walls of a height and density to minimize noise effects. The proposed project is not within the noise contour levels considered significant for McClellan-Palomar Airport. In addition, the Calavera Hills EIR concluded that, with appropriate mitigation,; (#2, #3, #10) Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than No Significant Impact Impact XI. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? (The proposed project will be serviced by Fire Stations 3 & 5 and as a result, it is projected to conform to the City of Carlsbad General Plan, the Growth Management Plan and the Zone 7 Local Facilities Management Plan Amendment (LFMP). Additionally, at the time the Calavera Hills fire station comes on line (expected in 2004), fire protection to the area will be enhanced. No substantive need for additional fire protection beyond that anticipated in these documents will result from development of the proposed project; (#2, #3, #5) b) Police protection? (Police protection is provided by the City of Carlsbad Police Department; no substantive need for additional police services beyond that anticipated in the City of Carlsbad General Plan and the Growth Management Plan will result from development of the proposed project; (#2, #3, #5) c) Schools? (The proposed project may have a significant impact on schools. Mitigation for this impact is through annexation into Special District #3, which levies taxes for the construction of new schools. A new K-8 school is under construction as part of this project; residential development of this site is anticipated in the City's Growth Management Program. As a result, the significant impact to school facilities has been mitigation due to the previous annexation into CFD #3; #2, #4, #5) X X X 15 Rev. 03/28/96 Issues (and Supporting Information Sources): (Supplemental documents may be referred to and attached) d) Maintenance of public facilities, including roads? (No substantive increase in road maintenance will be necessitated since the proposed project will be in conformance with the City's General Plan and Growth Management Plan; (#2, #4, #5) e) Other governmental services? (No significant need for any other governmental services beyond those anticipated by the City of Carlsbad General Plan and the Growth Management Program will result from development of the proposed project; (#2, #4, #5) Potentially Potentially Less Than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated X X Xll. UTILITIES AND SERVICES SYSTEMS. Would the proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: a) Power or natural gas? (The proposed project is not anticipated to create a significant new demand for major facilities or to require substantial alterations to existing facilities; (#2, #4, #5) b) Communications systems? (The proposed project may is not anticipated to create a significant new demand for major facilities or to require substantial alterations to existing facilities; city codes require that the applicant consult with cable and communications providers during the proposed project design/City review process; (#2) c) Local or regional water treatment or distribution facilities? (Urban uses on the subject property are anticipated in the City's General Plan EIR and Growth Management Plan; (#2. #4, #5. #7) d) Sewer or septic tanks? (The proposed project will utilized existing and planned facilities, and will not create significant or unanticipated demand for sewer beyond that anticipated in the City of Carlsbad General Plan Master EIR and the Master Sewerage Plan. No septic systems will be utilized as indicated in the City of Carlsbad Master EIR and the Calavera Hill Phase II FEIR; #2, #3; X X X X 16 Rev. 03/28/96 Issues (and Supporting Information Sources): (Supplemental documents may be referred to and attached) e) Storm water drainage? (Urban uses on the subject property are anticipated in the City's General Plan Master EIR and Growth Management Plan, and the proposed project is not likely to result in significant increase in storm water drainage beyond that identified in those documents. To ensure that no significant impact occurs, the project will comply with mitigation measures relative to storm water control identified in these documents; (#2, #3) f) Solid waste disposal? (Urban uses on the subject property are anticipated in the City's General Plan EIR and Growth Management Plan, and the proposed project will not result in an increase in solid waste beyond that identified in those documents; (#2) g) Local or regional water supplies? (Urban uses on the subject property are anticipated in the City's General Plan EIR and Growth Management Plan, and the proposed project will not result in an increase in demand for local or regional water supply beyond that identified in those documents; (#2, #3) Potentially Significant Impact Potentially Significant Unless Mitigation Less Than Significant Impact No Impact X X X XI11. AESTHETICS. Would the proposal: a) Affect a scenic or vista or scenic highway? (The proposed project will not significantly affect City of Carlsbad designated scenic vistas or highways; (#2) b) Have a demonstrate negative aesthetic effect? (The City of Carlsbad review process includes building architecture and quality of site design to insure that proposed developments harmonize adequately with existing development in the City. This review process prevents demonstrable negative aesthetic effects. As a result, eventual development of the proposed project will be designed in a tasteful and marketable manner and will not have a negative aesthetic effect; (#2, #3, #7) c) Create light or glare? (The City's General Plan EIR anticipates residential uses on the subject site, and no significant light or glare will result from the proposed project; (#2) X X X 17 Rev. 03/28/96 Issues (and Supporting Information Sources): (Supplemental documents may be referred to and attached) XIV. CULTURALRESOURCES. Would the proposal: a) Disturb paieontological resources? (The proposed project is located within an area which is expected to contain paieontological resources. As a result, grading of the site may impact paieontological resources unless mitigation measures are included to minimize the impacts; (#2, #3, #11) b) Disturb archaeological resources? (The proposed project is not expected to disturb archaeological resources. (#3) c) Affect historical resources? (There are no known historical features on the site; (#3) d) Have the potential to cause a physical change which would affect unique ethnic cultural values? (The proposed project will not cause a physical change which would affect unique ethnic cultural values: (#3) e) Restrict existing religious or sacred uses within the potential impact area? (The proposed project will not restrict religious uses or impact sacred areas; (#3) Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact X X X X X XV. RECREATIONAL. Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreational facilities? (The proposed project will not create a significant additional need for parks or other recreation facilities other than identified in existing City policy documents which identify recreational plans for buildout ofthe City; (#2, #3, #4, #5) b) Affect existing recreational opportunities? (The proposed project will not significantly affect existing recreation opportunities; (#2, #3, #4, #5) X X 18 Rev. 03/28/96 XVI. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will cause the substantial adverse effects on human beings, either directly or indirectly? X X X 19 Rev. 03/28/96 XVII. EARLIER ANALYSES. Eariier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an eariier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Eariier analyses used. Identify eariier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an eariier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the eariier analysis. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the eariier document and the extent to which they address site-specific conditions for the project. ANALYSIS Earlier analyses and references utilized in this Assessment: 1. Citv of Carlsbad General Plan. September 6, 1994, as amended. Including Land Use Element, Circulation Element, Housing Element, Parks and Recreation Element, and Public Safety Element. 2. General Plan Master Environmental Impact Report (MEIR 93-01), September 6, 1994. 3. Final Calavera Hills Master Plan Phase II. Bridge & Thoroughfare District No. 4 and Detention Basins Draft Environmental Impact Report (EIR 98-02), November, 2001. 4 Citv of Carlsbad Growth Management Program (Citywide Facilities and Improvements Plan), September 23, 1986. 5. Zone 7 Local Facilities Management Plan Amendment. January 15, 2002. 6. Draft Habitat Management Plan for Natural Communities in the Citv of Carlsbad. December, 1999. 7. City of Carlsbad Zoning Ordinance. Title 21, as amended. 20 Rev. 03/28/96 8. Comprehensive Open Space and Resource Conservation Management Plan. May, 1992. 9. Citv of Carlsbad Landscape Manual. November 13, 1990. 10. Comprehensive Land Use Plan McClellan-Palomar Airport. October 1986. 11. Citv of Carlsbad Grading Ordinance. Title 11. as amended. 12. Citv of Carlsbad Transportation Design Standards. March 3, 1991 DISCUSSION OF ENVIRONMENTAL EVALUATION Please use this area to discuss any of the environmental factors that were checked "No impact" yet lack any information citations and any factors that were checked "Potentially Significant Impact" or "Potentially Significant Impact Unless Mitigation Incorporated." The City has adopted a "Statement of Overriding Consideration" with regard to air quality and circulation impacts resulting from the normal buildout according to the General Plan. The following sample text is intended to guide your discussion of the impacts to these environmental factors. AIR QUALITY: The implementation of subsequent projects that are consistent with and included in the updated 1994 General Plan will result in increased gas and electric power consumption and vehicle miles traveled. These subsequently result in increases in the emission of carbon monoxide, reactive organic gases, oxides of nitrogen and sulfur, and suspended particulates. These aerosols are the major contributors to air pollution in the City as well as in the San Diego Air Basin. Since the San Diego Air Basin is a "non-attainment basin," any additional air emissions are considered cumulatively significant: therefore, continued development to buildout as proposed in the updated General Plan will have cumulative significant impacts on the air quality ofthe region. To lessen or minimize the impact on air quality associated with General Plan buildout, a variety of mitigation measures are recommended in the Final Master EIR. These include: 1) provisions for roadway and intersection improvements prior to or concurrent with development; 2) measures to reduce vehicle trips through the implementation of Congestion and Transportation Demand Management; 3) provisions to encourage alternative modes of transportation including mass transit services; 4) conditions to promote energy efficient building and site design; and 5) participation in regional growth management strategies when adopted. The applicable and appropriate General Plan air quality mitigation measures have either been incorporated into the design of the project or are included as conditions of project approval. Operation-related emissions are considered cumulatively significant because the project is located within a "non-attainment basin," therefore, the "Initial Study" checklist is marked "Potentially Significant Impact". This project is consistent with the General 21 Rev. 03/28/96 Plan, therefore, the preparation of an EIR is not required because the certification of Final Master EIR 93-01, by City Council Resolution No. 94-246, included a "Statement Of Overriding Considerations" for air quality impacts. This "Statement Of Overriding Considerations" applies to all subsequent projects covered by the General Plan's Final Master EIR, including this project, therefore, no further environmental review of air quality impacts is required. This document is available at the Planning Department. CIRCULATION: The implementation of subsequent projects that are consistent with and included in the updated 1994 General Plan will result in increased traffic volumes. Roadway segments will be adequate to accommodate buildout traffic; however, 12 full and 2 partial intersections will be severely impacted by regional through-traffic over which the City has no jurisdictional control. These generally include all freeway interchange areas and major intersections along Carisbad Boulevard. Even with the implementation of roadway improvements, a number of intersections are projected to fail the City's adopted Growth Management performance standards at buildout. To lessen or minimize the impact on circulation associated with General Plan buildout, numerous mitigation measures have been recommended in the Final Master EIR. These include measures to ensure the provision of circulation facilities concurrent with need; 2) provisions to develop alternative modes of transportation such as trails, bicycle routes, additional sidewalks, pedestrian linkages, and commuter rail systems; and 3) participation in regional circulation strategies when adopted. The diversion of regional through-traffic from a failing Interstate or State Highway onto City streets creates impacts that are not within the jurisdiction of the City to control. The applicable and appropriate General Plan circulation mitigation measures have either been incorporated into the design of the project or are included as conditions of project approval. Regional related circulation impacts are considered cumulatively significant because of the failure of intersections at buildout ofthe General Plan due to regional through-traffic, therefore, the "Initial Study" checklist is marked "Potentially Significant Impact". This project is consistent with the General Plan, therefore, the preparation of an EIR is not required because the certification of Final Master EIR 93-01, by City Council Resolution No. 94-246, included a "Statement Of Overriding Considerations" for circulation impacts. This "Statement Of Overriding Considerations" applies to all subsequent projects covered by the General Plan's Master EIR, including this project, therefore, no further environmental review of circulation impacts is required. NOISE: The proposed project will involve the potential for exposure of future residents to high levels of noise from College Boulevard and Carisbad Village Drive, both arterial transportation corridors. The Calavera Hills Phase II FEIR concludes that, with appropriate mitigation, significant adverse impacts relative to noise levels from these roadways can be mitigated for the proposed project. The proposed project is not within the noise contour levels considered significant for McClellan-Palomar Airport. 22 Rev. 03/28/96 PUBLIC SERVICES: The proposed project could have a significant effect on schools, and as a result will be required to annex into Community Facilities District No. 3, which is the Carisbad Unified School District's Mello-Roos special funding district. Upon annexation to this district, no significant impact will result. UTILITIES AND SERVICE SYSTEMS: The proposed project could result in a significant impact on storm water drainage facilities, and will be required to install temporary and permanent erosion control and pollution control facilities downstream of the project. Upon installation of adequate erosion and pollution control devices, the project will be considered to have mitigated the impacts on storm water facilities to an adequate level. CULTURAL RESOURCES: The proposed project is located within an area which is expected to contain paieontological resources. As a result, future grading of the site may impact paieontological resources unless mitigation measures are included to minimize the impacts as determined in the Calavera Hills EIR. 23 Rev. 03/28/96 LIST OF MITIGATING MEASURES (IF APPLICABLE) NOISE: 1. Exterior Noise Levels -To reduce significant ground-floor exterior noise levels for residential use areas, the project applicant shall construct noise barriers varying from five to nine feet in height along the top of the slope as shown in Figure 3D-11 in the EIR. This measure reduces noise levels at all ground-floor usable areas within the village to a level at or below 60 CNEL.Moreover, if additional points of access from College Boulevard and, as a consequence, additional breaks are required, no usable exterior areas shall be placed adjacent to those breaks. Even with the construction of noise barriers, noise levels at the second floors of the units adjacent to the roadways could exceed 65 CNEL. Standard construction is not assumed to adequately reduce interior noise levels to below 45 CNEL at these locations. Therefore, the following mitigation is required: Interior Noise Levels - a) At the time building plans are available for the units in this village, and prior to the issuance of building permits, a detailed acoustical analysis for units exposed to 65 CNEL or greater will be required demonstrating that interior noise levels due to exterior sources will be at or below the 45 CNEL interior standard, b) For those areas where exterior noise levels are projected to exceed 60 CNEL, it will be necessary for the windows to remain closed to ensure that interior noise levels meet the City's interior standard of 45 CNEL and forced-air circulation or air conditioning is required. 2. If earthwork blasting is proposed, the project shall conform to San Diego County Blasting Ordinance Title 3, Division 5, Chapter III County Code of Regulatory Ordinances Sections 35.377.101-104, 35.377.301(a), 35.377.306 and 35.377.307) to reduce the temporary noise impacts due to blasting and Section 8.48.010 of the City's Municipal Code limiting allowable hours of activities. The allowable hours of activities associated with blasting will be from 9:00 A.M. to 4:30 P.M. or one-half hour before sunset, whichever comes first, Monday through Friday. No blasting will be allowed on weekends or on the holidays specified in section 8.48.010 ofthe City's Municipal Code. 24 Rev. 03/28/96 PUBLIC SERVICES: 1. The proposed project shall annex into Community Facilities District No. 3, priorto issuance of any building permit for the subject projecti. UTILITIES AND SERVICE SYSTEMS: 1. The developer and the City of Carisbad shall, within 90 days of completion of grading activities, hydroseed/ landscape graded and common areas with appropriate ground cover vegetation consistent with any biological requirements (e.g., use of native or noninvasive plants). These revegetated areas shall be inspected monthly by a qualified landscape architect, biologist, or comparable professional until verification is provided to the City that vegetation has been firmly established as determined by the City's grading inspector. Compacted areas shall be scarified, where appropriate, to induce surface water infiltration and revegetation as directed by the project geologist, engineer, and/or biologist. 2. Grading and other surface-disturbing activities either shall be planned to avoid the rainy season (i.e., November through March) to reduce potential erosion impacts or shall employ construction phase erosion control measures, including the short-term use of sandbags, matting, mulch, berms, hay bales, or similar devices along all graded areas to minimize sediment transport. The exact design, location, and schedule of use for such devices shall be conducted pursuant to direction and approval by the City Engineer. CULTURAL RESOURCES: 1. During the grading operation, a qualified paleontologist shall be retained to perform periodic inspections of excavations and, if necessary, salvage exposed fossils. The frequency of inspections will depend on the rate of excavations, the materials being excavated, and the abundance of fossils. The paleontologist shall be allowed to divert or direct grading in the area of an exposed fossil to facilitate evaluation and, if necessary, salvage. ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE) To be determined by Planning Director. 25 Rev. 03/28/96 Citv of Carlsbad Planning Department December 1, 2003 Jennifer S. Forga Brookfield Homes Suite 200 12865 Pointe Del Mar Del Mar CA 92014-3859 SUBJECT: TEMPORARY SALES TRAILER - MYSTIC POINT (CALAVERA HILLS VILLAGE E-1) Dear Jennifer: Thank you for your request to place a temporary sales trailer within the Mystic Point subdivision, also known as Calavera Hills Village E-1. According to Section 21.53.090 of the City's Zoning Ordinance (copy attached), temporary sales offices for the purposes of selling lots (or units) within an approved subdivision are allowed for a period of one year from the recordation of the final map. No discretionary permits are needed for the placement of the mobile or modular building and no parking or landscaping standards exist for the temporary use. I recommend that you contact the Building Department for any permitting requirements and development standards. Should you need the temporary sales office for more than one year from the recordation of the final map, an extension must be processed through the Planning Commission. Please feel free to contact me at (760) 602-4623 if you have any questions or require additional information. Sincerely^ . MICHAEL GRIM Senior Planner" Attachment C: Don Rideout File Copy I / ; 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us 21^3.090 Temporary real estate ofiSce. In any newly created subdivision, the subdivider or his assignee may operate a temporary real estate office for the purpose of selling lots in the subdivi- sion only. Such use shall cease no later than one year from the date of the recording of the final subdivision map of said subdivision, unless the planning commission, for good cause shown, shall allow a longer period of time, up to one year per application therefor, for such .use. The procedure for applying for such a longer period of time for such use and for appealing from a decision of the plan- ning commission on such an ^plication shall be the same as that for a variance under Chapters 2 LSO and 21.53. (Ord. 9804 § 5 (part), 1986; Ord. 9186 § 1: Ord. 9060 § 1507) 9 4k BROOKFIELD a M E B November 12, 2003 Sandra Holder City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 o fieceiv/ed g 12865 Pointe Del Mar Suite 200 Del Mar CA 92014-3859 Phone 858.481.8500 Fax 858481.9375 www.brookfieldhonnes.com Dear Sandra, 1 am requesting permission to have a Temporary Residential Sales Trailer for our upcoming community. Mystic Point in Calavera Hills on our site. We are anticipating opening our models in June of 2004. We would like to begin selling our homes prior to the opening of our models and sales office. This temporary sales office would act as a sales office for the sales person as well as a design studio for buyers to select their options prior to our models and sales office being open. Ideally we would like to have a temporary sales trailer dropped on our site December 19, 2003. The trailer would be on our property only until we get our models open tentatively June 30, 2004. When our models and sales office open Brookfield Homes will be responsible for the removal of the trailer and any of its components by the above date. 1 look forward to hearing from you regarding my request. 1 am eager to find out the next step in this process. If you should have any questions please contact me directly at (858) 481-8500 ext. 130. iincerely. fennifer^ Marketing Director Brookfield Homes SAN DIEGO RIVERSIDE Enclosures; Landscape concept plan Site plan FloorplcUi of proposed trailer BHDDKFIELD HOMES Mobile Modular Management Corporation 11450 Mission Blvd, Mira Loma, CA 91752 Ph (909) 360-6600 Fax (909) 360-6622 www.MobiIeModularRents.com 12x63 1-fl Web0169-C/L 097A-SN Location; FIrPlnNmbr 12630004 0 ! 2 24 36 48 60 72 84 1 M II I i I I I II i I I I II I I II I I I I i ! MI I I I II I II II I ! I II M I I I i II I II IM I I I I i I I II I IIiI II 11 I M II I I 1 y A. HVAC Scale 1" = 12" 0 12 lllliillllill Ext. Color; Ext, Finish: Ceiling Type; Window Color: Flooring: Int. Finish: Oescilption: Sales Office: Wood Sided, Wood Paneling. T-Grid Ceiling, Carpet, HVAC, 3 ft. Towbar - *Floorp!ans are nominal. NovemoSr 25, 2003 BJO^DKFJJLD HOMES Mr. William L. Champion President, Cape Homeowners Association % Prudential Califomia Realty 3910 Vista Way, Suite 106 Oceanside, CA 92056 Re: Calavera Village E-1 Interface Issues Dear Mr. Champion: In light of your letter of November 10, it appears we are not making positive process towards a solution. I therefore again suggest that both parties submit to mediation. Based on your prior verbal acceptance of mediation, I assume you see the benefits of mediation in resolving this matter. Please provide a list of dates that you and your board will be available so we can schedule a mediation session. These sessions general require a half-day so schedule accordingly. The allegations in letter regarding the slope regarding are factually incorrect. At the meeting on October 29 we discuss the regrading of the slope and I indicated the toe of slope is located on the Property line and we were regarding the slope to move the toe two feet back from the property line and constructing a new brow ditch on our property. This work is in compliance with the city approved drawing. We also discussed the drainage along the common boundary and how best to handle run off from the Cape properties. You generally agreed that moving the slope was desirable and ftirther agreed to investigate the run off issues. In spite of your allegation that you had no knowledge, you were in fact advised of our action. SAN DIEGO RIVERSIDE 12865 Points Del Mar Suite 200 •el Mar CA 92014-3859 Phone 858.481.8500 Fax 858.481.9375 www. brookfieldhomes. com Bill, since our first meeting, I requested a list of alleged damages you believe was caused by the master developer. At October 29 meeting, you indicated that you would provide this list. Once again you did not provide the list. Instead you make an unsubstantiated and unreasonable demand for $500,000 payment. Your demand is rejected. As I have stated at each meeting, the master developer is prepared to the repair or reimburse the Association for actual damages. However, until the Association provides its list, no process can be made and a complete comprehensive settlement proposal cannot be structured. This is why I believe mediation is the only course of action to bring this matter to resolution. Additionally, I have received call from an affected property owner inquiring about the status. As the authorized representative you may wish to keep them informed. Sincerely. Cal E-1 LLC E. Dal| Vice P; Cc: Steve Doyle David Poole Don Mitchell Brian Milich Mike Grimm City of Carlsbad Frank Jimento, City of Carlsbad The Cape at Calavera Hills Homeowner Association c/o Bonny Bruner @ Bruner and Rossi SEP.22.2003 12:07PM BROOKFIELD HOMES NO.595 P.2/2 September 22,2003 Via FAX BaHOKFIiLD H B M E B Mr. William h. Champion President, Cape Homeowners Association Vo Prudential Califomia Realty 3910 Vista Way, Suite 106 Oceanside, CA 92056 Re: Boundary Screening a Calavera Village $-1 Dear Mr, Champion: Thanks you for the fax copy rescinding the sijgnatures on lot line adjustment We will no longer pursue that solution with the property owners. However based on our telephone conversation I was e^cpecting more than the rescissions. You indicated the HOA retained an attorney to assist them, and I expected some indication regarding how the MOA and owners wished to proceed. In ray letter of September 11,2003, we suggested mediation as a means to a solution. To date, we have not received any indication whether or not mediation is acceptable to you or any indication as to an acceptable solution. Bill, since July, I have asked for some indication from you regarding how best to screen the boundary and resolve any other issues that may exist. It is in everyone best interest to resolve this in a timely mannej-. I would tiierefore, appreciate it if you would contract me so we oan discuss mediation and sohedule to meet. In preparing for a meeting, it would be very helpful to have your thoughts on a solution. SAN DNO RivensiDE Sincerely. Cal E-1 LLC E, Dalfe^Gleed Vice President 1SB65 PolniB Pel Mer ^iCB SQO Del Men CA aS014-3e59 Phone eS0.4ei.@SCX} FAX B5a4B1.e375 wuvw.brfiDl<fIeldbome&,eorn Cc: Steve Doyle Brian Milich Patcherc, City of Carlsbad The Cape at Calavera Hills Homeowners Association Mr. Don Mitchell McMillin Land Development 2727 Hoover Avenue National City, CA 91950 Mr. Mike Holzmiller Planning Department City of Carlsbaci 1635 Faraday Avenue Carlsbad, CA 92008 September 18, 2003 RE: Village E-1: Boundary line with Cape of Calavera Hills and individual homeowners as to trespassing, encroachment, damage,to Cape private property, health and safety conditions, and insurance issues. Gentleman: Mr. Bill Champion was authorized by a vote of the Executive Committee of the Board of Directors for the Cape at Calavera Hills Homeowner's Association to act as liaison between the parties on the above mentioned matter. Please direct all Information regarding Village El to Bill Champion 2979 Ridgefield Avenue Carlsbad, CA 92008 Home: (760) 730-3004 Cell: (760) 505-5983) Sincerely, The Board of Directors The Cape at Calelvera Hills Homeowners Association cc. Ed Pont Tom London Maureen Lehan Caroline Prescott Barbara Strother Bonny Bruner Eva Brom) Keith Kennedy Elizabeth Harrison Pamela Grover Shiao Carter Bernice Hill Jeff Kuester Mary Kuester Vera Theiss Tom Nash Jill Nash Ryan Carter Shawn Boss, J.D., Attorney at Law September 16, 2003 Carlsbad City Council Sandy Holder, Community Relations Michael Holtzmiller, Planning Department Planning Commission Mark McMillin, McMillin Companies, LLC Dale Gleed, Brookfield Homes RE: Plat Matv-Leaal Description (Qn McMillin Plat Map^ That portion of Parcel Map No. 16233 filed September 21, 1990, described as Parcel ''A" in Certificate of Compliance No. 03-07, in the Qty of Cartsbad, County of San Diego, State of California, recorded in the Office of the County Recorder of San Diego County , 2003 as File No. 2003- of Official Records. Together with Lots 25 and 26 of Carisbad Tract No. 81-47, The Cape at Calavera Hills Unit No. 1 in the Qty of Cartsbad, County of San Dlego, State of Califomia, according to map thereof No, 10565 filed in tJie Offioe of the County Recorder of said County, January 17,1983. This Is to formally notify the City of Cartsbad, et a!, that I am rescinding my signature from the Adjustment Plat map that I previously signed regarding Village E-1. The decision to rescind my signature Is due to non-disclosure of pertinent information to homeowners by McMillin Companies, LLC regarding current and future liabilities of the property in question. My signature on the Adjustment Plat map was premature and lacked full understanding of ail the issues both current and future. Sincerely, A Bemlce C. Hiil Trustee ox the Bernice C. Hill Revocable Trust 2984 Ridgefield Avenue Cartsbad, CA 92008 September 4, 2003 Carlsbad City Council Sandy Holder, Community Relations Michael Holtzmiller, Planning Department Planning Commission Mark McMillin, McMillin Companies, LLC Dale Gleed, Brookfield Homes RE: Plat Map—Legal Description fOn McMillin Plat Map'^ That portion of Parcel Map No. 16233 filed September 21, 1990, described as Parcel "A" in Certificate of Compliance No. 03-07, in the City of Carisbad, County of San Diego, State of California, recorded in the Office of the County Recorder of San Diego County , 2003 as File No. 2003- of Oflicial Records. Together with Lots 25 and 26 of Carisbad Tract No. 81-47, The Cape at Calavera Hills Unit No. 1 in the City of Carisbad, County of San Diego, State of California, according to map thereof No. 10565 filed in the Oflice of the County Recorder of said County, January 17,1983. This is to formally notify the City of Carlsbad, et al, that I am rescinding my signature from the Adjustment Plat map that I previously signed regarding Village E-1. The decision to rescind my i||fgnature is due to Hi^H^sdosure of pertinent information to homeowners by McMillin Companies, LLC regarding current and future liabilities of the property in question. My signature on the Adjustment Plat map was premature and lacked full understanding of all the issi^s both current and futy|(^^ Sincerely, 2986 Ridgefield Avenue Carisbad, CA 92008 0 WNER/APPUCANT: PARCEL "A" L L / CALAVERA HILLS II LLC, A CAUFORNIA UMITED UABIUTT COMPANY 2727 HOOVER AVE. NATIONAL CITY, CA. 91950 (619) 477-4117 BY: MCMILLIN COMPANIES. LLC, A DELAWARE LIMITED LtABIUTY COMPANY^ L B. OWNERS: PARCEL AWARE LIMITED LIABIUTY COMPANY^ Y y-* DON MITCfiELL^l/,^ V A//A/7^^.K/? "B' BERNICE C. HILL, TRUSTEE OF THE BERNICE C. HILL REVOCABLE TRUST 2984 RIDGEFIELD AVENUE CARLSBAD. jCA S^OOfi^^ TEL NO. ?2>g-^3.g)> Q^t/Cfi OF OCEANSIDE OF CARQSBAD! ^ CALAVERAS PROJECT SITE BY: BERNICE C. HILL PARCEL "C" VICINITY MAP NOT TO SCALE JEFFREY KUESTER 2986 RIDGEFIELD AVENUE CARLSBAD. CA. 92008 TEL NO. J^J-JMZ.. LEGAL DESCRIPTION THAT PORTION OF PARCEL MAP NO. 16233 FILED SEPTEMBER 21. 1990. DESCRIBED AS PARCEL "A' IN CERTIHCATE OF COMPUANCE NO. 03-07. IN THE CITY OF CARLSBAD. COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY 2003 AS HLE NO. 2003- OF OFFICIAL RECORDS. TOGETHER WtTH LOTS 25 AND 26 OF CARLSBAD TRACT NO. 81-47, THE CAPE AT CALAVERA HILLS UNIT NO. 1, IN THE CtTY OF CARLSBAD. COUNTY OF SAN DIECO. STATE OF CAUFORNIA, ACCORDING TO MAP THEREOF NO. 70565 RLED IN THE OFFICE OF THE COUNTY RECORDER OF SAJD COUNTY. JANUARY 17, 1983. DAVID W. AMBLER EXP. 12/31/05 EXHIBIT "B" ADJUSTMENT PLAT-CITY OF CARLSBAD NO. 03-08 PPLICANT: "MCMILLIN COMPANIES 2727 HOOVER AVE. PREPARED BY: HUNSAKEH * ASSOCIATES 10179 HUENNEKENS ST. SW DIECO, CA. 92121 (358) S5B-4S00 {M CERT Of COMP 3 SHT Ol.Om APPROVED BY: A.P.N.: 163-041-08 PPLICANT: "MCMILLIN COMPANIES 2727 HOOVER AVE. PREPARED BY: HUNSAKEH * ASSOCIATES 10179 HUENNEKENS ST. SW DIECO, CA. 92121 (358) S5B-4S00 {M CERT Of COMP 3 SHT Ol.Om APPROVED BY: 167-451-25 PPLICANT: "MCMILLIN COMPANIES 2727 HOOVER AVE. PREPARED BY: HUNSAKEH * ASSOCIATES 10179 HUENNEKENS ST. SW DIECO, CA. 92121 (358) S5B-4S00 {M CERT Of COMP 3 SHT Ol.Om USJfD 8. HUBBS OtY QKMER KX. 23089 167-451-26 -NATIONAL CITY, CA. 91950 PREPARED BY: HUNSAKEH * ASSOCIATES 10179 HUENNEKENS ST. SW DIECO, CA. 92121 (358) S5B-4S00 {M CERT Of COMP 3 SHT Ol.Om USJfD 8. HUBBS OtY QKMER KX. 23089 167-451-26 -NATIONAL CITY, CA. 91950 PREPARED BY: HUNSAKEH * ASSOCIATES 10179 HUENNEKENS ST. SW DIECO, CA. 92121 (358) S5B-4S00 {M CERT Of COMP 3 SHT Ol.Om KB. NO. MTE EXP. t2/31/2005 September 5, 2003 Carisbad City Council Sandy Holder, Community Relations Michael Holtzmiller, Planning Department Planning Commission Mark McMillin, McMillin Companies, LLC Dale Gleed, Brookfield Homes RE: Plat Mao—Legal Description fOn McMillin Plat Map^ All of Parcel Map No. 16233 filed in the Office of the County Recorder of San Diego County September 21, 1990 as File No. 90-518471 of Oflicial Records, In tiie Qty of Carisbad, County of San Diego, State of California. Together witii Lots 6,12 and 21 of Carisbad Tract No. 81-47, The Cape at Calavera Hills Unit No. 1 in the City of Carisbad, County of San Diego, State of California, according to map thereof No. 10565 filed in the Office of tiie County Recorder of said County, January 17, 1983. This is to formally notify the City of Carisbad, et al, that I am rescinding my signature ft-om the Adjustment Plat mp that I previously signed regarding Village E-1. The decision to rescind my signature is due to non-disclosure of pertinent infomiation to homeowners by McMillin Companies, LLC regarding current and Hiture liabilities of the property in question. My signature on the Adjustment Plat map was premature and lacked full understanding of all the issues both current and future. Sincerely, Elizabeth G. Harrison 4527 Hartford Place Carisbad, CA 92008 September 5, 2003 Carisbad City Council Sandy Holder, Community Relations Michael Holtzmiller, Planning Department Planning Commission Mark McMillin, McMillin Companies, LLC Dale Gleed, Brookfield Homes RE: Plat Map~Lwat P^KriPtion (On McMIIHn Plat Map) All of Parcel Map No. 16233 filed In the Office of the County Recorder of San Diego County September 21, 1990 as File No. 90-518471 of Official Records, In the Qty of Carisbad, County of San Dlego, State of California. Togetiier with Lots 6,12 and 21 of Carisbad Tract No. 81-47, The Cape at Calavera HIHs Unit No. 1 in the Qty of Cartsbad, County of San Diego, State of Califbrnia, according to map thereof No. 10565 filed In the Offlce of ttie County Recorder of said County, January 17,1983. This is to formally notify the City of Carisbad, et al, that I am rescinding my signature from the Adjustment Plat map that I previously signed regarding Village E-1. The decision to rescind my signature is due to non-disclosure of pertinent Information to homeowners by McMillin Companies, LLC regarding current and future liabiiities of the property in question. My signature on the Adjustnnent Plat map was premature and lacked full understanding of ail the issues both current and future. Sincerely, Pamela S. Glover 4526 Hartford Place Carisbad, CA 92008 OWNER/APPUCANT: ^ PARCEL "A" ^ CALAVERA HILLS II LLC. A CALIFORNIA LIMITED LIABILITY COMPANY 2727 HOOVER AVE. NATIONAL CITY. CA. 91950 (619) 477-4117 BY: MCMILLIN COMPANIES. LLC. A DELAWARE LIMITED LIABIUTY COMPANY. BYi- DON KtCHELL BY: OWNERS: PARCEL "B' ELIZABETH G HARRISON 4527 HARTFORD PLACE EUZA^TH G. HARRISIDN --//LAKE ^ CALAVERAS PROJECT SITE Be/^A/ MiLiei4, s.v.eM 1^ BY: PARCEL "C" VICINITY MAP NOT TO SCALE PAMELA S. GLOVER 4526 HARTFORD PLACE CARLSBAD, TEL NO PAMELA S. GLOVER PARCEL "D" VERA'M. THEISS 2974 RIDGEFIELD AVENUE CARLSBAD, 92008 0« J-•» TEL. NO. ^ieO- ^^¥- ga>5^^ MTHEiSS LEGAL DESCRIPTION ALL OF PARCEL MAP NO. 16233 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY SEPTEMBER 21. 1990 AS FILE NO. 90-518471 OF OFHCIAL RECORDS. IN THE CITY OF CARLSBAD. COUNTY OF SAN DIEGO. STATE OF CAUFORNIA TOGETHER WITH LOTS 6. 12 AND 21 OF CARLSBAD TRACT NO. 81-47. THE CAPE AT CALAVERA HILLS UNIT NO. 1. IN THE CITY OF CARLSBAD. COUNTY OF SAN DIEGO. STATE OF CALIFORNIA. ACCORDING TO MAP THEREOF NO. 10565 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNrr, JANUARY 17, 1983. BY::llL VERA DAVID W. AMBLER EXP. 12/31/05 LS. 7233 0196\&MAP\BA Cert of Comp 1 SHT 01.DWG[ 1891 ]Moy-08-2003 W.O. 1941-42 ADJUSTMENT PLAT-CITY OF CARLSBAD NO. 03-06 .^-PUCANT: MCMILLIN COMPANIES PREPARED BY: HUNSAKER A ASSOCIATES 10179 HUENNEKENS ST. SAN DIEGO, CA 92121 (858) 558-4500 SH Cart ot Comp t SMT Ct.OMiC APPROVED BY: A.P.N.: 168-041-08 1 2727 HOOVER AVE. J NATIONAL CITY. CA. 91950 PREPARED BY: HUNSAKER A ASSOCIATES 10179 HUENNEKENS ST. SAN DIEGO, CA 92121 (858) 558-4500 SH Cart ot Comp t SMT Ct.OMiC APPROVED BY: 167-451-06 1 2727 HOOVER AVE. J NATIONAL CITY. CA. 91950 PREPARED BY: HUNSAKER A ASSOCIATES 10179 HUENNEKENS ST. SAN DIEGO, CA 92121 (858) 558-4500 SH Cart ot Comp t SMT Ct.OMiC UJJfO B. HUBBS CTTY ENGINEER RCE 23BB9 167-451-12 1 2727 HOOVER AVE. J NATIONAL CITY. CA. 91950 PREPARED BY: HUNSAKER A ASSOCIATES 10179 HUENNEKENS ST. SAN DIEGO, CA 92121 (858) 558-4500 SH Cart ot Comp t SMT Ct.OMiC REb NO. ttat OtP. 12/31/2CX35 167-451-21 EXHIBIT "8" SHEET 1 OF 4 August 27, 2003 Carisbad City Council Sandy Holder, Community Relations Michael Holtzmiller, Planning Depari:ment Planning Commission Mark McMIHin, McMillin Companies, LLC Dale Gleed, Brookfield Homes RE: Plat Map—Legal Description fOn McMillin Plat Mao^ That portion of Parcel Map NO. 16233 flled September 21, 1990, described as Parcel "A" in Certificate of Compliance No. 03-08, in the City of Carlsbad, County of San Diego, State of California, recorded in the Office of the County recorder of San Diego County , 2003 as File No. 2003- of Official Records. Together with Lots 27 and 28 of Carlsbad Tract No. 81-47, The Capte at Calavera Hills Unit No. 1 in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 10565 flled in the Office of the County Recorder of said County, January 17, 1983. This is to formally notify the City of Carisbad, et al, that we are rescinding our signatures from the Adjustment Plat map that we previously signed regarding Village E- 1. The decision to rescind our signatures is due to non-disclosure of pertinent information to homeowners by McMillin Companies, LLC regarding current and future liabilities of the property in question. Our signatures on the Adjustment Plat map was premature and lacked full understanding of ali the Issues both current and future. Sincerely, Charies Ryan Gart:er Shiao Lan Carter 2988 East Ridgefield Avenue 2988 East Ridgefield Avenue Carisbad, CA 92008 Carisbad, CA 92008 September 5, 2003 Carisbad City Council Sandy Holder, Community Relations Michael Holtzmiller, Planning Department Planning Commission Mark McMillin, McMillin Companies, LLC Dale Gleed, Brookfield Homes RE: Plat Map-t,^8i Pwiiptiftn f Qn McMHIm Plat Map) That portion of Pareel Map NO. 16233 filed September 21, 1990, described as Parcel "A" in Certificate of Compilance No. 03-08, in the Qty of Cartsbad, County of San Dlego, State of California, recorded in the Office of the Qxinty recorder of San Diego County _, 2003 as File No. 2003- of OflWal Reconjs. Together with Lots 27 and 28 of Cartsbad Tract Ho. 81-47, The Cape at Calavera Hills Unit No. 1 in the Qty of Cartsbad, County of San Dlego, State of Califomia, acxmling to nap thereof No. 10565 filed In the Office of the County Recorder of said County, January 17,1983. This is to formally notify the City of Carisbad, et a!, that I am rescinding my signature from the Adjustment Plat map that I previously signed regarding Village E-1. The decision to rescind my signature Is due to non-disclosure of pert:inent Information to homeowners by McMillin Companies, LLC regarding current and future liabilities of the property in question. My signature on the Adjustment Plat map was premature and lacked full understanding of all the issues both current and future. Sincerely, Barbara Allyn Strother Q 2990 Ridgefield Avenue Cartsbad, CA 92008 0 WNER/APPUCANT: PARCEL "A" CALAVERA HILLS II LLC. A CALIFORNLA LIMITED LIABIUTY COMPANY 2727 HOOVER AVE. NATIONAL CITY. CA. 91950 (619) 477-4117 BY: MCMILUN COMPANIES, LLC, A DELAWARE LIMITED LIABILITY COMPANY. DON MITCHELL ^ K/! tyCITy OF OCEANSIDE^ CtTYl OF CARQSBAPI OWNERS: PARCEL "B' CHARLES RYAN CARTER AND SHIAO LAN CARTER 2988 EAST RIDGEFIELD AVENUE CARLSBAD. CA 92008 TEL NO. _ LAKE CALAVERAS PROJECT SITE CHARLES RYAlf CARTER VICINITY MAP NOT TO SCALE BY: LAN CARTER •IIAO LAN CARTER PARCEL "C" BARBARA ALLYN STROTHER 2990 RIDGEFIELD AVENUE CARLSBAD. CA. 92008 TEL NO. BARBARA ALLYN STRO LEGAL DESCRIPTION THAT PORTION OF PARCEL MAP NO. 16233 FILED —SEPTEMBER 21. 1990. DESCRIBED AS PARCEL "A" IN CERTIFICATE OF COMPLIANCE NO. 03-08, IN THE CITY OF RLSBAD. COUNTY OF SAN DIEGO. STATE OF CALIFORNIA, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY „. 2003 AS FILE NO. 2003- OF OFFICIAL RECORDS. TOGETHER WITH LOTS 27 AND 28 OF CARLSBAD TRACT NO. 81-47. THE CAPE AT CALAVERA HILLS UNIT NO. 1. IN THE CITY OF CARLSSAD, COUNTY OF SAN DIEGO. STATE OF CALIFORNTA. ACCORDING TO MAP THEREOF NO. 10565 RLED IN THE OFFICE OF THE COUNTY RECOROER OF SAID COUNTY. JANUARY 17. 1983. DAVID W. AMBLER EXP. 12/31/05 L.S.' 7253 EXH/B/T "e" ADJUSTMENT PLAT-CITY OF CARLSBAD NO. 03-09 PLICANT: MCMILLIN COMPANIES 2727 HOOVER AVE. PREPARED BY: HUNSAKER * ASSOCMTES 10179 HUENNEKENS ST. SAN DEGO. CA. 92121 (858) 558-4500 M C£HT or COUP 4 SHT OI.OWS APPROVED BY: AP.N.: 168-041-08 PLICANT: MCMILLIN COMPANIES 2727 HOOVER AVE. PREPARED BY: HUNSAKER * ASSOCMTES 10179 HUENNEKENS ST. SAN DEGO. CA. 92121 (858) 558-4500 M C£HT or COUP 4 SHT OI.OWS APPROVED BY: 167-451-27 PLICANT: MCMILLIN COMPANIES 2727 HOOVER AVE. PREPARED BY: HUNSAKER * ASSOCMTES 10179 HUENNEKENS ST. SAN DEGO. CA. 92121 (858) 558-4500 M C£HT or COUP 4 SHT OI.OWS UXTTD fi. HUBBS Cmr ENGINEER RCE 2388S 167-451-28 -NATIONAL CITY. CA. 91950 PREPARED BY: HUNSAKER * ASSOCMTES 10179 HUENNEKENS ST. SAN DEGO. CA. 92121 (858) 558-4500 M C£HT or COUP 4 SHT OI.OWS UXTTD fi. HUBBS Cmr ENGINEER RCE 2388S 167-451-28 -NATIONAL CITY. CA. 91950 PREPARED BY: HUNSAKER * ASSOCMTES 10179 HUENNEKENS ST. SAN DEGO. CA. 92121 (858) 558-4500 M C£HT or COUP 4 SHT OI.OWS KB. Ma OME E30». 12/31/2005 r 3 August 27, 2003 Carisbad City Council Sandy Holder, Community Relations Michael Holtzmiller, Planning Department Pianning Commission Mark McMillin, McMillin Companies, LLC Dale Gleed, Brookfield Homes RE: Plat Mao-Legal Description fOn McMillin Plat Map^ All of Parcel Map No. 16233 Flled in the Office of the County Recorder of San Diego County September 21, 1990 As File No. 90-518471 of Official Records, in the City of Cartsbad, County of San Diego, State of Califbmia. Together with Lots 6,12 and 21 of Cartsbad Tract No. 81-47, The Cape At Calavera Hills Unit No. 1, in the City of Cartsbad, County of San Dlego, State of California, according to Map thereof No. 10565 filed in the Ofllce of the County Recorder of said County, January 17, 1983. This is to fornnally notify the City of Carlsbad, et al, that I am rescinding my signature from the Adjustment Plat map that I previously signed regarding Village E-1. The decision to rescind my signature is due to non-disclosure of pertinent information to homeowners by McMillin Companies, LLC regarding current and future liabilities of the property in question. My signature on the Adjustment Plat map was premature and lacked full understanding ofall the issues both current and future. Sincerely, Vera L. Theiss 2974 Ridgefield Avenue Cartsbad, CA 92008 September 4, 2003 Cartsbad City Council Sandy Holder, Community Relations Michael Holtzmiller, Planning Department Planning Commission Marie McMillin, McMillin Companies, LLC Dale Gleed, Brookfield Homes RE: Plat Map-jeflal Pwciiptlgn (On McMIHin Plat Map) That portion of Parcel Map No. 16233 filed September 21, 1990, described as Parcel "A" In CertJficate of Compliance No. 03-06, In the Qty of Carisbad, County of San Olego, State of Califbrnla, recorded in the Office of the County Recorder of San Dlego County , 2003 as RIe No. 2003- of Official Reconds. Together witii Lots 22, 23 and 24 of Cartsbad Tract No. 81-47, The Cape at Calavera Hills Unit No. 1 in the aty of Carisbad, County of San Dlego, State of California, according to map thereof No. 10565 filed In the Ofifce of the County Recorder of said County, January 17,1983. This Is to formally notify the City of Carlsbad, et al, that I am rescinding my signature from the Adjustment Plat map that I previously signed regarding Village E-1. The dedsion to rescind my signature is due to non-disclosure of pertinent information to homeowners by McMillin Companies, LLC regarding current and future liabilities of the property in question. My signature on the Adjustment Plat map was premature and lacked fuil understanding of ail the issues both current and future. Sincerely, Keith M. Kennedy * 2980 Ridgefield Avenue Carisbad, CA 92008 BROOKFIELD a M E B SAN DIEGO RIVERSIDE September 4, 2003 Mr. Mike Grim 1635 Faraday Ave Carlsbad, CA 92008 RE: CAL E-1 / CAPE interface response letters Dear Mr. Grim: Enclosed is a letter sent to Mr. Jeff Kuester from Dale Gleed responding to his comments also provided. Please add this to the others sent previously. Should you have any questions regarding the attached, please do not hesitate to contact me. Sincerely yours, BrQt)kfield Homes Alex Plishner Assistant Project Manager 12865 Pointe Oel Mar Suite 200 Del IVIar CA 92014-3859 Phone 858.481.8500 Fax 858.481.9375 www.brookfieldhomes.com September 3, 2003 BROOKFIELD Mr. Jeff Kuester Cape Owner 2986 Ridgefield Ave Carlsbad, CA 92008 12865 Pointe Del Mar Suite 200 •el Mar CA 92014-3859 Phone 858.481.8500 Fax 858.481.9375 www.brookfielclhomes.com RE: Calavera E-1 / Cape Interface Homeowner Comments SAN OIEGO RIVERSIDE Dear Mr. Kuester: This letter is to serve as an acknowledgement of receipt of our response to my letter of August 14, 2003. Once we receive responses from all affected property owners, we will contract you to finalize plans for your yard and schedule the work. In order to complete this effort there are several steps that must occur to implement our new landscaping the finalize lot line adjustment. They are: record the map, redraft the lot line adjustment to reflect the new legal description (map information) and change of owner, resign the adjustment plat and record the plat. In addition we will visit your yard with you and our landscape architect to discuss any issues you have and prepare a plan to reflect the work. Once this is done we can install new landscaping. In the mean time we are processing the fmal map to recordation. Please note that the project landscape plans now in process show trees installed along the interface per the illustration in my letter. This plan is being processed to expedite the map and plan approval process so we can begin construction. Our hope is to resolve this issue in a timely and efficient manner so all parties involved are satisfied with the resolution and with an expeditious R c --N SEP ' - Brookfield Homes - 12865 Pointe Del Mar, Suite 200 Del Mar, CA 92014 Re: Calavera Hills Village E-1 and The Cape interface Buffering and Aesthetic Treatment Between Projects Attn; Mr. Dale Gleed, Vice President Dear Mr. Gleed ! (we) have reviewed the landscape and perspective drawings sent to us regarding the above and have the following comments: cr"' No comments Or o 1 have the following comments: Signed by: /- Dated: Address: 2^/ fCy K ' > • ^^i:^ /lv<^ Carlsbad, CA 9200? ClilI_Cape HO letter re landscape AUG.28.2003 12:55PM BROOKFIELD HOMES NO.318 P. 2/9 ISBes Poince Del Sute SOO Dftl MBP CA 9ani4-395B Phone 8SB.4ai.eacD Fqn €58,461.9375 «ww.braakflalclharnes.OQm August 26,2003 BHDOKFIEID " H b M • • Mr. Michael Holzmiller Planing Director CityofCarlsbad 1635 Faraday Avenue Carlsbad, California 92008-7314 Re; Calavera Hills, Village E-1 Dear Mr. Holzmiller: SAN Dieeo HIVERSIDE This letter is to request Planning Department approval of the grading plan (DWG 40S- 6 A) for Village £-1 • Approval Is being held pondi;;g resolution of the landscape interface with the Cape property owner;. Grading approval will permit the fnal map and in-tract improvements plans and work to move forward. At ^is time we believe we have satisfied our comment to 'Svork with the Cape" to develop a landscape screen between the projects, however, in an effect to move the process forward, we agree to allow the City to withhold approval of landscape plans which in tum will iiold other projoct permits pending fartlier resolution with the Cape owners Tlwough our managing partner (McMillin) we have spend over a year working with the Cape to develop a satisfactory plan. Due to a resent change in the Boards discussions have regrettably stalled and a final resolution has not as yet to been reached. We have proposed installation of 60 Brisbane Box in 24" box and IS gallon sizes along the boundary. In addition, we have previously meet or corresponded with the 10 owners regarding adjusting tbe boundary to incorporate the slope area created by E-1 project into their individual yards. In May, eight of the 10 owners signed letters and adjustment plats. Our commitment to the eight who signed Is to Individually allow them to adjust the planting within their yards to their individual needs, On August 14, 2003,1 sent letter to the affected owner and again re-a£(inned our commitment to the screening and boundary adjustment and requesting each owner sign a return letter indicating acceptance of the proposed screening plan. Additionally, wo requested comments on the plan which will be installed on an individual bases. To date we have received three responses and two verbal commitments to renun the request. We have called each owner and will continue to call to gain they input and bring the matter to conclusion. AUG.28.2003 12:55PM BROOKFIELD HOMES NO.318 P.3/9 The amount of time required in this effort has severely impact our sohedule and approving the grading plan wiJI allow the project to go forward while the Cape interface is resolved, As I sure you can appreciate withholding landscape approval will give the City leverage until the Planning Department is satisfied with the effort and solution. I respectfully request your immediate attention to this matter. Sincerely, CaJ El LLC E.Oay%/ed Vice iwsideni Engineering cc: Don Neu, City of Carlsbad Mike Grim, City ofCarlsbad Don Rideout, City ofCarlsbad Larry Black, City ofCarlsbad Brain Milich, McMillin Communities Don Mitchell, McMiUin Communities Ray Martin, Hunsaker and Associates PUG.28.2003 12:55PM BROOKFIELD HOMES NO.318 P.4/9 August 28,2003 aHODKFIELO H a M K Ms. Barbara Strother Cape Owner 2990 Ridgefield Ave, Carlsbad, CA 92008 RE; Calavera E-1 / Cape Interface Homeowner Comments Dear Ms. Strother: SAN DIEGO RIVERSIDE 13665 Pnlntfl Del Mar Buica SOO 0»l Mir CA 93014-3839 Pex asa.4si.9S7s WW- brQQkfialdhomoB, com This letter is to serve as an acknowledgement of receipt of our response to my letter of August 14,2003. We have reviewed your cotmnents aftd will implement them. Once we receive responses fi:pm all affected property owners, wc will contract you to finalize plans for your yard and schedule the work. In order to complete this effort there axe several steps that must occur to unplement our new landscaping the finalize lot line adjustment. They are: record the map, redraft the lot line adjustment to reflect the new legal description (map information) and change of owner, resign tbe acjjustment plat and record the plat. In addition we will visit your yard with you and our landscape architect to discuss your comments and prepare a plan to reflect the work. Once this is done we can install new landscaping per your comments. In the mean time we are processing the final map to recordation. Please note that the project landscape plans now in process show trees installed along the interface per the illustration in my letter and does not reflect your comment. Please be assured that we will incorporate your comment with installation. This plan is being processed to expedite the map and plan approval process so we can begin construction, Our hope is to resolve this issue in a timely and efficient manner so all parties involved are satisfied with the resolution and with an expeditious AUG.28.2003 12:55PM BROOKFIELD HOMES NO.318 P.5/9 schedule as possible. We regret the mconvenence this issue has caused and look forward to it conclusion. Sincerely yours, Brookfield Homes E. Dale Gleed Vice President of Engineering cc: Mike Grim. City of Carlsbad Don Mitchell Constance Clover AUG.28.2003 12:56PM BROOKFIELD HOMES NO.318 P. 6/9 August 28,2003 #1 BHnaKFicin Ms, Elizabeth Harrison Cape Owner 4527 Hartford Place Carlsbad, CA 92008 iaaB6 Pojnce paj Msr Suite SQG Del Mar CA saoi4>3esa Phone •3a,4ei.S5Qa Fax 05BABXS375 i*w»/.brQBi<flflliJhDfne»,oom RE: Calavera E->I / Cape Interface Homeowner Comments RIVERSIDE Dear Ms. Hanison; This letter ia to serve as an acknowledgement of receipt of our response to my letter of August 14,2003. Once we receive responses from all affected property owners, we will contract you to finalize plans for your yard and schedule the work. In order to complete this effort there are several steps that must occur to implement our new landscaping thc finalize lot line adjustment. They are: record the map, redraft the lot line adjustment to refiect thc new legal description (map information), and change of owner, resign tfee adjustaent plat and rccord the plat. In addition we will visit your yard with you and our landscape architect tp discuss any issues you have and prepare a plan to reflect the work. Once this is done we can install new landscaping. In the mean time we are processing the final map to recordation. Please note that the project landscape plans now in process show trees installed along tiie interface per tiic illustration in my letter. This plan is being processed to expedite the map and plan approval process so can begin construction, Our hope is to resolve this issue in a timely and efficient manner so all parties involved are satisfied witii the resolution and with an expeditious AUG.28.2003 12:56PM BROOKFIELD HOMES NO.318 P.7/9 schedule as possible. We regret the inconvenence this issue has caused and look forward to it conclusion. Sincerely yours, Brookfield Homes E. Dale Gleed Vice President of Engineering cc: Mike Grim, CityofCarlsbad Don Mitchell Constance Clover AUG.28.2003 12:56PM BROOKFIELD HOMES NO.318 P. 8/9 August 28,2003 BnaOKFIElD M O M • a Ms. Bernice Hill Cape Owner 2984 Ridgefield Ave. Carlsbad, CA 92008 RE: Calavera E*]. / Cape Interface Homeowner Comments SAN DIEGO RIVERSIDE 18865 Painto Del Mor Suite aoo Del Map CA asDi4-aas9 Phone a5a,4ei,B50D Fax 555491,8375 www.brQol<flBldhom8a,com Dear Ms. Hill; This letter is to serve as an acknowledgement of receipt of our response to my letter of August 14,2003. We have reviewed your comments and will implement them. Once we receive responses from all affected property owners, we will contract you to finalize plans for your yard and schedule the work. In order to complete this effort there are several steps that must occur to implement our new landscaping the finalize lot line adjustment They are: record the map, redraft the lot line adjustment to reflect die new legal description (map information) and change of owner, resign the adjustment plat and record the plat. In addition we will visit your yard with you and our landscape architect to discuss your conmients and prepare a plan to reflect the work. Once this is done we can install new landscaping per your comments. In the mean time we are processing the final map to recordation. Please note tiiat the project landscape plans now in process show trees installed along the interface per the illustration in my letter and does not refiect your comment. Please be assured that we will incorporate your comment with installation. This plan is being processed to expedite the map and plan approval process so we can begin construction. Our hope is to resolve this issue in a timely and efficient manner so all parties mvolved are satisfied with the resolution and with an expeditious AUG.28.2003 12:56PM BROOKFIELD HOMES NO.318 P.9/9 schedule ^ possible. We regret the inconvenence tiiis issue has caused and look forward to it conclusion. Sincerely yours, Brookfield Homes E, Dale Gleed Vice President of Engineering cc: Mike Grim, CityofCarlsbad Don Mitchell Constance Clover McMillin Companies 8/28/03 8:58 PAGE 3/4 RightFAX Rug 28 03 OeiOQa p.2 4lom (flSSOCHlTfS August 27, 2003 lANDSCAPE ARCHITECTURE Mr. Don MitcheU Mc Millin Homes 2727 Hoover Avenuo National City, CA 91950 2835 Camino Del Rk) South Suite 210 San DiegD, Calilbmia 92106 pnor«6i9 71»9660 Fax 619 n&^m irdlbacQtawontossDccom RIA #2919 Re: The Cape Site Visits Dear Don: We began making contact with seven residents at The Cape in mid-May, 2003. Julie Lee, our secretary, arranged my meetings with them. The meetings were to begin on May 31,2003, and thereafter on consecutive Saturdays until June 14, with the exceptnn of two Wednesday visiis. The fii^ of these meetings were as follows: Saturday, May 31.2002 9:00 a.m. Ryan Carter 2988 Ridgefield Avenue (760) 420-3391 10:00 a.m. Elizabeth Harrison Haittord Place (760)434-7089 11:00 a.nn. Baitara Strother 2990 Rkigefield Avenue (760)729-3360 I met wHh these three people, and have field notes and digital photographs of their property. I could fonvard these to you It you need them. On Wednesday, June 4*^, I had a site visit scheduled at 9:00 a.m. with Vera Theiss (2974 Ridgefield Avenue, (760) 434-8857; 711 for TTY). I needed to reschedule. I was able to speak wfii her daughter, Caroline, on the phone and discuss Vena's yard and her ooncems. Caroline gave me petmlsskMi to McMillin Companies 8/28/03 8:58 PAGE 4/4 RightFAX Aug 28 03 08:00a ' ' p.3 come into tfie backyarxi unattended on lhe following Saturday, Jun© 7", io gather (he information I needed. After this phone call, Jc^ Howard infomied me that due to the uncertainty of the boundary adjustment, I should discontinue meeting with the property owners, f calfed Bemioe H/«, (2984 RidgefieW Avenue, (760) 720-0246), and left a message that I woukl not be able to meet her at our scheduled time that moming, 9:30 a.m. I also called Caroline back to infomr her of the change. The following meetings were also scheduled. I called these people June 4*, and left messages canceling our appointments. Saturday, June 7,2003 9:00 a.m. Pamela Gbver 4526 Hartford Place (760) 434-9783 Saturday. June 14,2003 9:00 a.m. Jeff Kuester (760) 720-3882 These are the only residents for whom we had received phone numbers. If there is anything else i can do for you, ptease let me know. Carol Cornelius Project Manager Howard Associates, Inc. CCVcftCHII-Caps Residents fi-27-03.doc August 26, 2003 BHODKFIELD HOMES Mr. Michael Holzmiller Planning Director City of Carlsbad 1635 Faraday Avenue Carlsbad, California 92008-7314 12865 Pointe Del Mar Suite 200 Del Mar CA 92014-3859 Phone 858.481.8500 Fax 858.481.9375 www.brookfieldhonnes.com Re: Calavera Hills, Village E-1 Dear Mr. Holzmiller: This ietter is to request Planning Department approval of the grading plan (DWG 405- 6A) for Village E-1. Approval is being held pending resolution of the landscape interface with the Cape property owners. Grading approval will permit the final map and in-tract improvements plans and worl< to move forward. At this time we believe we have satisfied our comment to "work with the Cape" to develop a landscape screen between the projects, however, in an effect to move the process forward, we agree to allow the City to withhold approval of landscape plans which in turn will hold other project pennits pending farther resolution with the Cape owners Through our managing partner (McMillin) we have spend over a year working with the Cape to develop a satisfactory plan. Due to a resent change in the Board, discussions have regrettably stalled and a final resolution has not as yet to been reached. SAN DIEGO RIVERSIDE We have proposed installation of 60 Brisbane Box in 24" box and 15 gallon sizes along the boundary. In addition, we have previously meet or corresponded with the 10 owners regarding adjusting the boundary to incorporate the slope area created by E-1 project into their individual yards. In May, eight of the 10 owners signed letters and adjustment plats. Our commitment to the eight who signed is to individually allow them to adjust the planting within their yards to their individual needs. On August 14, 2003,1 sent letter to the affected owner and again re-affirmed our commitment to the screening and boundary adjustment and requesting each owner sign a return letter indicating acceptance of the proposed screening plan. Additionally, we requested comments on the plan which wili be installed on an individual bases. To date we have received three responses and two verbal commitments to return the request. We have called each owner and will continue to call to gain they input and bring the matter to conclusion. The amount of time required in this effort has severely impact our schedule and approving the grading plan will allow the project to go forward while the Cape interface is resolved. As I sure you can appreciate withholding landscape approval will give the City leverage until the Planning Department is satisfied with the effort and solution. I respectfully request your immediate attention to this matter. Sincerely, Cal El LLC E. Dale Vice frcsident Engineering cc: Don Neu, City of Carlsbad Mike Grim, City of Carlsbad Don Rideout, City of Carlsbad Larry Black, City of Carlsbad Brain Milich, McMillin Communities Don Mitchell, McMillin Communities Ray Martin, Hunsaker and Associates City of Carlsbad Planning Department August 25, 2003 Eva Brown 2976 Ridgefield Ave Carlsbad CA 92008 SUBJECT: CALAVERA HILLS VILLAGE E-1/tHE CAPE BOUNDARY ISSUE Dear Eva: This correspondence is a follow-up to the facsimile sent to you on Friday August 22, 2003. You requested that this information be placed on City letterhead and that the letter be copied to Planning Department and Community Development management. On July 2, 2003, I had a meeting with Michael Holzmiller, Don Neu, and Frank Jimeno regarding the property line adjustment proposal along the boundary between The Cape and the Village E-1 site. At that meeting it was decided that the individual preferences of the adjacent property owners within The Cape would be honored and the future property line would not need to be adjusted across the entire boundary. In other words, those Cape property owners that desired to process the property line adjustment with the Village E-1 site would be able to do so, and those that did not want to adjust their property line would not be so required. I hope this information is helpful to you. Please feel free to contact me at (760) 602- 4623 if you have any questions or desire additional information. Thank you. MICHAEL GRIM^ Senior Planner V. C: Sandra Holder Michael Holzmiller Don Neu Don Rideout Frank Jimeno File Copy 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us August 12. 2003 BROOKFIELD HOMES Mr. Jeff Kuester 2986 Ridgetield Avenue Carlsbad. CA 92008 SAIM DIEGO RIVERSIDE Re: Calavera Hills Village E-1 and The Cape interface Buffering and Aesthetic Treatment Between Projects Cape property owner Brookfield Homes is in the process of finalizing the development of the landscaping plans for our Mystic Point development (Calavera Hills Village E- 1). Pursuant to commitments made at the Planning Commission and City Council meetings, we have reached the point in our design where it must be finalized. As was discussed in the homeowners meeting ofMareh 4, 2003 (refer to item 7 of ietter dated March 7, 2003) we are proposing to plant twenty-eight 15 gallon trees, with an average spacing of approximately twenty-two feet, on the slope that is on the south side of the proposed six-foot split face masonry block wall (see item three of letter dated March 7, 2003). Additionally, there will be thirty- two 24-inch box trees on the north side ofthe wall with an approximate average spacing of fifteen feet. The closer average is due to clustering of the trees. When mature, these trees are expected to provide visual barrier. Enclosed for you information is the planting plan illustrating the current plans (DWG 405-6L) that are being reviewed bv the City of Carlsbad. In addition, on the same sheet, vve have prepared a perspective drawing showing the landscape screening at the time of initial planting and a second perspective showing the anticipated appearance after several years of growth. The perspective drawing assumes you are looking north from the approximate middle of the southern boundary of Village E-1. These plans represent the information that has been presented to you previously by McMillin. We have enclosed a response letter and stamped envelope for you to return to us regarding any comments you may have about the proposed plan by Friday, Aimust 2^2. 2003. 12865 Pointe Del Mar Suite 200 Del Mar CA 92014-3859 Phone 858,481.8500 Fax 858481.9375 www. brookfieldhomes. com As the home builder ofthe project we have assured the City and Calavera Hills II, LLC that we will comply vvith the promises and commitments (see letter Chll C ape HO letter re hindscape-foniiatted dated March 7. 2003) made with regards to the boundary adjustment after our map records for those ofyou who have signed the adjustment plat. We appreciate the time you are taking in working with us to solve this common boundarv treatment. Sincerelv, Dale Weed, Vice President BrooktTeld Homes ends: Copy ofMareh 7, 2003 letter Landscape plan insert vvith perspective elevation plan cc: Brian Milich, Calavera Hills II, LLC Don Mitchell, Calavera Hills II, LLC vv/ ends Mike Grim, City of Carlsbad vv/ ends David Poole, Brookfield Homes Ch[l_Cape in.) lettei re landseape-foriiiatted August 12, 2003 BHOOKFIELD HOMES Ms. Elizabeth Harrison 4527 Hartford Place Carlsbad. CA 92008 Re: Calavera Hills Village E-1 and The Cape interface Buffering and Aesthetic Treatment Between Projects Cape property owner Brookfield Homes is in the process of finalizing the development of the landscaping plans for our Mystic Point development (Calavera Hills Village E- I). Pursuant to commitments made at the Planning Commission and City Council meetings, we have reached the point in our design where it must be finalized. SAN DIEGO RIVERSIDE 12865 Pointe Del Mar Suite 200 Del Mar CA 92014-3359 Phone 858,481.8500 Fax 858.481.9375 www. brookfieldhomes. com As was discussed in the homeowners meeting ofMareh 4, 2003 (refer to item 7 of letter dated March 7, 2003) we are proposing to plant twenty-eight 15 gallon trees, with an average spacing of approxiinately twenty-two feet, on the slope that is on the south side ofthe proposed six-foot split face masonry block wall (see item three of letter dated March 7, 2003). Additionally, there will be thirty- two 24-inch box trees on the north side ofthe wall vvith an approximate average spacing of fifteen feet. The closer average is due to clustering of the trees. When mature, these trees are expected to provide visual barrier. Enclosed for you information is the planting plan illustrating the current plans (DWG 405-6L) that are being reviewed by the City ofCarlsbad. In addition, on the same sheet, we have prepared a perspective drawing showing the landscape screening at the time of initial planting and a second perspective showing the anticipated appearance after several years of growth. The perspective drawing assumes you are looking north from the approximate middle of the southern boundary of Village E-1. These plans represent the information that has been presented to you previously by McMillin. We have enclosed a response letter and stamped envelope for you to return to us regarding any comments you may have about the proposed plan by Friday, August 2^2, 2003. As the home builder ofthe project we have assured the Cily and Calavera Flills 11. LLC that we vvill coinply vvith the promises and commitments (see letter ClilI_C ape HO letter re kind.seape-tbrmatted dated March 7. 2003) made with regards to the boundary adjustment after our map records for those ofyou vvho have signed the adjustment plat. We appreciate the time you are taking in working with us to solve this common boundary treatment. Sincerelv, Daie 0+eed, Vice President Brookfield Homes ends: Copy ofMareh 7, 2003 letter Landscape plan insert with perspective elevation plan cc: Brian Milich, Calavera Hills II, LLC Don Mitchell, Calavera Hills II, LLC w/ ends Mike Grim, City of Carlsbad w/ ends David Poole. Brookfield Homes Chll_Cape 110 letter re landijcape-tbrniatled August 12, 2003 BROOKFIELD Barbara Strother 2990 Ridaefield Avenue HOMES Carlsbad. CA 92008 Re: Calavera Hills Village E-1 and The Cape interface Buffering and Aesthetic Treatment Between Projects Cape property ovvner Brookfield Homes is in the process of finalizing the development of the landscaping plans for our Mystic Point development (Calavera Hills Village E- 1). Pursuant to commitments made at the Planning Commission and City Council meetings, we have reached the point in our design where it must be finalized. As was discussed in the homeowners meeting ofMareh 4, 2003 (refer to item 7 of letter dated March 7, 2003) vve are proposing to plant twenty-eight 15 gallon trees, vvith an average spacing of approximately twenty-two feet, on the slope that is on the south side ofthe proposed six-foot split face masonry block wall (see item three of letter dated March 7, 2003). Additionally, there vvill be thirty- two 24-inch box trees on the north side ofthe wall with an approximate average spacing of fifteen feet. The doser average is due to clustering of the trees. When mature, these trees are expected to provide visual barrier. Endosed for you information is the planting plan illustrating the current plans (DWG 405-6L) that are being reviewed by the City ofCarlsbad. In addition, on the same sheet, vve have prepared a perspective drawing showing the landscape screening at the time of initial planting and a second perspective showing the anticipated appearance after several years of growth. The perspective drawing assumes vou are looking north from the approximate middle of the southern boundary of Village E-1. These plans represent the information that has been presented to you previously by McMillin. SAN OIEGO RIVERSIDE We have enclosed a response letter and stamped envelope for you to return to us regarding any comments you may have about the proposed plan by Friday, At^ist 2^2, 2003. As the home builder ofthe project vve have assured the City and Calavera Hills „ „ II. LLC that vve vvill compiv vvith the promises and commitments (see letter 12865 Pointe Del Mar - ^ • Suite 200 Del Mar CA 92014-3359 Phone 858,481,8500 Fax 858481,9375 ,., ,, ,-, , , , , , C hll Cape HO letter re landseape-tomiatted www.brookfieldhomes.oom dated March 7. 2003) made vvith regards to the boundary adjustment after our map records for those ofyou who have signed the adjustment plat. We appreciate the time you are taking in working vvith us to solve this common boundary treatment. Sincerelv. Dale GlgCT, Vice President Brookfield Homes ends: Copy ofMareh 7, 2003 letter Landscape plan insert vvith perspective elevation plan cc: Brian Milich, Calavera Hills II, LLC Don Mitchell, Calavera Hills II, LLC vv/ ends Mike Grim, City ofCarlsbad w/ ends David Poole, Brookfield Homes Ch[l_Cape IIO letter re laiidseape-tbriiiatled 7 12865 Pointe Del Mar Suite 200 Del Mar CA 92014-3859 Phone 858.481.8500 Fax 858.481,9375 www. brookfieldhomes, com Ausust 12. 2003 BROOKFIELD Ms Bernice Hill HOMES 2984 Ridgefield Avenue Carlsbad.^CA 92008 Re: Calavera Hills Village E-1 and The Cape interface Buffering and Aesthetic Treatment Between Projects Cape property owner Brookfield Homes is in the process of finalizing the development of the landscaping plans for our Mystic Point development (Calavera Hills Village E- 1). Pursuant to commitments made at the Planning Commission and City Council meetings, we have reached the point in our design where it must be finalized. As was discussed in the homeowners meeting of March 4, 2003 (refer to item 7 of letter dated March 7, 2003) vve are proposing to plant twenty-eight 15 gallon trees, with an average spacing of approximately twenty-two feet, on the slope that is on the sotith side of the proposed six-foot split face masonry block wall (see item three of letter dated March 7, 2003). Additionally, there will be thirty- two 24-inch bo.x trees on the north side ofthe wall with an approximate average spacing of fifteen feet. The closer average is due to clustering of the trees. When mature, these trees are expected to provide visual barrier. Enclosed for you information is the planting plan illustrating the current plans (DWG 405-6L) that are being reviewed by the City ofCarisbad. In addition, on the same sheet, we have prepared a perspective drawing showing the landscape screening at the time of initial planting and a second perspective showing the anticipated appearance after several years of growth. The perspective drawing assumes you are looking north from the approximate middle of the southern boundarv of Village E-1. These plans represent the information that has been presented to you previously by McMillin. SAN DIEGO RIVERSIDE We have enclosed a response letter and stamped envelope for you to return to us regarding any comments you may have about the proposed plan by Friday, AiWist 2^2, 2003. As the home builder ofthe project we have assured the Citv and Calavera Hills II, LLC that we vvill comply vvith the promises and commitments (see letter Chll_t ape HO ietter re laiidscape-rorniatted dated March 7, 2003) made with regards to the boundary adjustment after our map records for those of you vvho have signed the adjustment plat. We appreciate the time you are taking in working vvith us to solve this common boundary treatment. Sincerelv. Dale GleM Vice President Brookfield Homes ends: Copy ofMareh 7, 2003 letter Landscape plan insert vvith perspective elevation plan cc: Brian Milich, Calavera Hills II, LLC Don Mitchell, Calavera Hills II, LLC w/ ends Mike Grim, City of Carlsbad w/ ends David Poole, Brookfield Homes Clill_Cape HO letler re landscape-formatted August 12. 2003 BROOKFIELD HOMES Mr. Charles Carter Shiaolan Carter 2988 Ridgefield Avenue Carlsbad.^CA 92008 SAN DIEGO RIVERSIDE Re: Calavera Hills Village E-1 and The Cape interface Buffering and Aesthetic Treatment Between Projects Cape property ovvner Brookfield Homes is in the process of finalizing the developnient of the landscaping plans for our Mystic Point development (Calavera Hills Village E- 1). Pursuant to commitments made at the Planning Commission and City Council meetings, we have reached the point in our design where it must be finalized. As was discussed in the homeowners meeting ofMareh 4, 2003 (refer to item 7 of letter dated March 7, 2003) vve are proposing to plant twenty-eight 15 gallon trees, vvith an average spacing of approximately twenty-two feet, on the slope that is on the south side of the proposed si.x-foot split face masonry block wall' (see item three of letter dated March 7, 2003). Additionally, there vvill be thirtv- two 24-inch box trees on the north side ofthe wall with an approximate average spacing of fifteen feet. The closer average is due to clustering of the trees. When mature, these trees are expected to provide visual barrier. Enclosed for you information is the planting plan illustrating the cunent plans (DWG 405-6L) that are being reviewed by the City ofCarlsbad. In addition, on the same sheet, we have prepared a perspective drawing showing the landscape screening at the time of initial planting and a second perspective showing the anticipated appearance after several years of growth. The perspective drawing assumes you are looking north from the approximate middle of the southern boundary of Village E-1. These plans represent the information that has been presented to you previously by McMillin. We have endosed a response letter and stamped envelope for you to return to us regarding any comments you ma\ have about the proposed plan by Friday, August 2^2. 2003. 12865 Pointe Del Mar Suite 200 Del Mar CA 92014-3859 Phone 858,481.8500 Fax 858,481,9375 www, brookfieldhomes, com As the home builder ofthe project we have assured the City and Calavera Hills II. LLC that vve vvill comply vvith the promises and commitments (see letter Chll Cape HO letter re landscape-formatted dated March 7, 2003) made vvith regards to the boundary adjustment after our map records for those ofyou who have signed the adjustment plat. We appreciate the time you are taking in working vvith us to solve this common boundary treatment. Sincerely, Dale Oieed, Vice President Brookfield Homes ends: Copy ofMareh 7, 2003 letter Landscape plan insert vvith perspective elevation plan cc: Brian Milich, Calavera Hills II, LLC Don Mitchell, Calavera Hills II, LLC w/ ends Mike Grim. City of Carlsbad w/ ends David Poole. Brookfield Homes Clill_C ape HO letter re landscape-formatted Auatist 12. 2003 QROOKFIELO HOMES Mr. Keith Kennedy 2980 Ridgefield Place Carlsbad.CA 92008 Re: Calavera Hills Village E-1 and The Cape interface Buffering and Aesthetic Treatment Between Projects Cape property ovvner Brookfield Homes is in the process of finalizing the development of the landscaping plans for our Mystic Point development (Calavera Hills Village E- 1). Pursuant to commitments made at the Planning Commission and City Council meetings, vve have reached the point in our design where it must be finalized. SAN DIEGO RIVERSIDE As was discussed in the homeowners meeting ofMareh 4, 2003 (refer to item 7 of letter dated March 7, 2003) we are proposing to plant twenty-eight 15 gallon trees, vvith an average spacing of approximately twenty-two feet, on the slope that is on the south side of the proposed six-foot split face masonry block wall (see item three of letter dated March 7, 2003). Additionally, there vvill be thirty- two 24-inch box trees on the north side ofthe wall vvith an approximate average spacing of fifteen feet. The closer average is due to clustering of the trees. When mature, these trees are expected to provide visual barrier. Enclosed for you information is the planting plan illustrating the current plans (DWG 405-6L) that are being reviewed by the City ofCarlsbad. In addition, on the same sheet, we have prepared a perspective drawing showing the landscape screening at the time of initial planting and a second perspective showing the anticipated appearance after several years of growth. The perspective drawing assumes you are looking north from the approximate middle of the sotithern boundary of Village E-I. These plans represent the information that has been presented to you previously by McMillin. We have enclosed a response letter and stamped envelope for you to return to us regarding any comments you may have about the proposed plan by Friday, Aii2ust 2^2. 2003. 12865 Pointe Dei Mar Suite 200 Del Mar CA 92014-3859 Phone 858.481.8500 Fax 858.481.9375 www.brookfieldhomes.com As the home builder ofthe project vve have assured the City and Calavera Hills II. LLC that we vvill comply with the promises and commitments (see letter Chll Cape HO letter re landscape-tbrmaned dated March 7. 2003) made with regards to the boundary adjustment after our map records for those of you who have signed the adjustment plat. We appreciate the time you are taking in working with us to solve this common boundary treatment. Sincerely, Dale (^(eed. Vice President Brookfield Homes ends: Copy ofMareh 7, 2003 letter Landscape plan insert with perspective elevation plan cc: Brian Milich, Calavera Hills II, LLC Don Mitchell, Calavera Hills II. LLC w/ ends Mike Grim, City ofCarlsbad w/ ends David Poole, Brookfield Homes Clill_Cape HO lettcr re landscape-lbrmatted August 12, 2003 BRDOKFIELO HOMES Ms. Jill and Mr. Thomas Nach 2978 Ridgefield Avenue Carlsbad. CA 92008 Re: Calavera Hills Village E-1 and The Cape interface Buffering and Aesthetic Treatment Between Projects Cape property ovvner Brookfield Homes is in the process of finalizing the development of the landscaping plans for our Mystic Point development (Calavera Hills Village E- 1). Pursuant to commitments made at the Planning Commission and City Council meetings, vve have reached the point in our design where it must be finalized. SAN DIEGO RIVERSIDE As was discussed in the homeowners meeting of March 4, 2003 (refer to item 7 of letter dated March 7, 2003) vve are proposing to plant twenty-eight 15 gallon trees, vvith an average spacing of approximately twenty-two feet, on the slope that is on the south side ofthe proposed six-foot split face masonry block wall (see item three of letter dated March 7, 2003). Additionally, there will be thirty- two 24-inch box trees on the north side of the wall vvith an approximate average spacing of fifteen feet. The closer average is due to clustering of the trees. When mature, these trees are expected to provide visual barrier. Enclosed for you information is the planting plan illustrating the current plans (DWG 405-6L) that are being reviewed by the City ofCarlsbad. In addition, on the same sheet, vve have prepared a perspective drawing showing the landscape screening at the time of initial planting and a second perspective showing the anticipated appearance after several years of growth. The perspective drawing assumes you are looking north from the approximate middle of the southern boundary of Village E-l. These plans represent the information that has been presented to you previously by McMillin. We have enclosed a response letter and stamped envelope for you to return to us regarding any comments vou may have about the proposed plan by Friday, At^gust 2^2. 2003. 12865 Pointe Del Mar Suite 200 Del Mar CA 92014-3859 Phone 858,481,8500 Fax 858.481.9375 www.brookfieldhomes.com As the home builder ofthe project we have assured the City and Calavera Hills 11, LLC that vve will comply vvith the promises and commitments (see letter C hll Cape HO letter re landscape-formatted I dated March 7, 2003) made vvith regards to the boundary adjustment after our map records for those ofyou who have signed the adjustment plat. We appreciate the time you are taking in working vvith us to solve this common boundary treatment. Sincerely, Dale Giegd, Vice President Brookfield Homes ends: Copy ofMareh 7, 2003 letter Landscape plan insert vvith perspective elevation plan cc: Brian Milich, Calavera Hills II, LLC Don Mitchell, Calavera Hills II. LLC w/ ends Mike Grim, City of Carlsbad w/ ends David Poole, Brookfield Homes ChII_Cape HO letter re landscape-formatted August 12. 2003 BROOKFIELD Ms Vera Theiss 2974 Ridsefield Avenue O M E 5 Carlsbad, CA 92008 Re: Calavera Hills Village E-1 and The Cape interface Buffering and Aesthetic Treatment Betiveen Projects Cape property ovvner Brookfield Homes is in the process of finalizing the development of the landscaping plans for our Mystic Point development (Calavera Hills Village E- I). Pursuant to commitments made at the Planning Commission and City Council meetings, vve have reached the point in our design where it must be finalized. As was discussed in the homeowners meeting ofMareh 4, 2003 (refer to item 7 of letter dated March 7, 2003) we are proposing to plant twenty-eight 15 gallon trees, vvith an average spacing of approximately twenty-two feet, on the slope that is on the south side ofthe proposed si.x-foot split face masonry block wall (see item three of letter dated March 7, 2003). Additionally, there vvill be thirty- two 24-inch box trees on the north side ofthe wall vvith an approximate average spacing of fifteen feet. The doser average is due to clustering of the trees. When mature, these trees are expected to provide visual barrier. Enclosed for you information is the planting plan illustrating the current plans (DWG 405-6L) that are being reviewed by the City ofCarlsbad. In addition, on the same sheet, vve have prepared a perspective drawing showing the landscape screening at the time of initial planting and a second perspective showing the anticipated appearance after several years of growth. The perspective drawing assumes you are looking north from the approximate middle of the southern boundary of Village E-1. These plans represent the informalion that has been presented to you previouslv by McMillin. SAN DIEGO RIVERSIDE We have endosed a response letter and stamped envelope for you to return to us regarding any comments vou may have about the proposed plan by Friday, August 2^2, 2003. As the home builder of the project we have assured the City and Calavera Hills 12865 Pointe Del Mar ^^^^^ coiTipIv with the promiscs and commitments (see letter Suite 200 Del Mar CA 92014-3859 Phone 858,481,8500 Fax 858 481,9375 Clill C'ape HO letter re landscape-tormatted www, brookfieidhomes, com dated March 7. 2003) made with regards to the boundary adjustment after our map records for those ofyou vvho have signed the adjustment plat. We appreciate the time you are taking in working vvith us to solve this common boundary treatment. Sincerelv. Dale GleedyVice President Brookfielcr Homes ends: Copy ofMareh 7. 2003 letter Landscape plan insert with perspective elevation plan cc: Brian Milich, Calavera Hills II, LLC Don Mitchell, Calavera Hills II, LLC vv/ ends Mike Grim, City of Carlsbad vv/ ends David Poole, Brookfield Homes Chll Cape HO letter re landscape-formatted Auatist 12, 2003 BROOKFIELD HOMES Ms. Pam Glover 4526 Harford Place Carlsbad, CA 92008 Re: Calavera Hills Village E-1 and The Cape interface Buffering and .4esthetic Treatment Between Projects Cape property ovvner Brookfield Homes is in the process of finalizing the development of the landscaping plans for our Mystic Point development (Calavera Hills Village E- 1). Pursuant to commitments made at the Planning Commission and City Council meetings, vve have reached the point in our design where it must be finalized. SAN DIEGO RIVERSIDE 12865 Pointe Del Mar Suite 200 Del Mar CA 92014-3859 Phone 858.481,8500 Fax 858,481,9375 www, brookfieldhomes, com As was discussed in the homeowners meeting ofMareh 4, 2003 (refer to item 7 of letter dated March 7, 2003) vve are proposing to plant twenty-eight 15 gallon trees, with an average spacing of approximately twenty-two feet, on the slope that is on the south side ofthe proposed si.x-foot split face masonry block wall (see item three of letter dated March 7, 2003). Additionally, there vvill be thirty- two 24-inch box trees on the north side ofthe wall vvith an approximate average spacing of fifteen feet. The closer average is due to clustering of the trees. When mature, these trees are expected to provide visual barrier. Endosed for you information is the planting plan illustrating the current plans (DWG 405-6L) that are being reviewed by the City ofCarlsbad. In addition, on the same sheet, we have prepared a perspective drawing showing the landscape screening at the time of initial planting and a second perspective showing the anticipated appearance after several years of growth. The perspective drawing assumes you are looking north from the approximate middle of the southern boundary of Village E-1. These plans represent the information that has been presented to you previouslv by VlcMillin. We have endosed a response letter and stamped envelope for you to retum to us regarding any comments vou may have about the proposed plan by Friday, August 2^2. 2003. ,As the home builder ofthe project vve have assured the City and Calavera Hills 11. LLC that we vvill comply vvith the promises and commitments (see letter Clill_Cape I lo letter re landscape-formatted dated March 7. 2003) made vvith regards to the boundary adjustment after our map records for those ofyou who have signed the adjustment plat. We appreciate the time you are taking in working vvith us to solve this common boundary treatment. Sincerelv, Dale GQeed, Vice President Brookfield Homes ends: Copy ofMareh 7, 2003 letter Landscape plan insert vvith perspective elevation plan cc: Brian Milich, Calavera Hills II, LLC Don Mitchell, Calavera Hills II. LLC w/ ends Mike Grim, City of Carlsbad w/ ends David Poole, Brookfield Homes Chll_Cape HO letter re laiidscape-forniaaed Meeting with City of Carl8t>ad, Cape Homeowners and Cape Homeowners Association Regarding Viiiage E Project July 15, 2003 City acknowledges that McMillin has trespassed and encroached on Cape property. McMillin has undermined the integrity of the entire fence line and obliterated the current drainage system. At the previous City meetings with homeowners and McMillin, McMillin chose not to show homeowners the final grade, probable slope and height of slope as promised at that meeting. That was to include additional height for fence along the full length of the proposed easement. Now, a third request is being made to fulfill promise to homeowners and HOA. Six months of blasting has caused new cracks in multiple driveways, foundations, underground pipes not to mention noise, dust, allergy and health issues and total disruption. Question: What Is the exact mechanical process for processing the final map to its conclusion? Question: What is the process, timeframe if we agree and go forward with all parties in agreement? Question: What is the process/timeframe if parties do not reach mutual agreement and must return to original easement set-backs? BHODKFIELD SAN DIEGO RIVERSIDE 12865 Pointe Del Mar Suite 200 Del Mar CA 92014-3859 Phone 858,481.8500 Fax 858.481.9375 www. brookfieldhomes. com July 9, 2003 Mr. Mike Grim Planning Department 1635 Faraday Avenue Carlsbad, California 92008-7314 R.e: Calavera Hills, Village E-1 Boundary with Cape HOA Dear Mike: This letter is to confirm your discussions with Don Mitchell regarding the final map. As you are aware, we have worked very diligently with the Cape HOA and effected property owners to develop an interface design between the two properties. To date we have not obtained 100% consensus for the design. As Don stated, we need to record the map and move forward with the development as quickly as possible and the lack of a response and agreement from the Cape is affecting our development schedule. Please be assured that once the map is recorded, Cal El LLC together with the partnership will continue the work with the Cape HOA and property owners to find an acceptable design solution. We are willing to continue with the lot line adjustment assuming all owners and the Cape HOA agree. You should note that this offer of cooperation must end in 90 days in order to allow sufficient time finalize the sales documents prior to public sale. Sincerely, Cal El LLC /e wieed resident Engineering cc: Don Neu, City of Carlsbad Brain Milich, McMillin Communities Don Mitchell, McMillin Communities Ray Martin, Hunsaker and Associates John Howard, Howard and Associates Prudential Califomia Realty 3910 Vista Way, Suite 106 Oceanside, CA 92056 760-6304900 Bus. 760-414''9101 Fax To: A^tt:^^ G(UT^ Fax# GO^- Message: Uf> C^/S6<^rw>.guv \/JUJU^^'I-C^-Ol^P^ From: CA/CUiy^yjy^, Date: 0^-07-0^^ Total number of pages. Time: ^, including cover sheet "Notice of Confidentiality" The Information contained In this facsimile message is privileged and confidential and is Intended only for the u$e of the Individual or entHy named as recipient If you are not the intended reclplent .of this fecsimile, your are hereby notified that any distribution or copying of this communication is strictly prohlbKed. If you have received this communication In error, please notify the sender immediately by telephone and retum the original message to the sender to the address above by postal service. THANK YOUI irwT.T.Marrr^'w.T 7e:<,ri {•nn7-/rt"Tnr> Calavera Hills Village E-1 Summary Effective 07-01-03 McMillin project known as Village E project has been ongoing for 3 to 4 years since they filed the map with the planned easement. We have not been able to resolve the remaining Issues between McMillin, the effected Cape homeowners, and the HOA. • The tentative map calls for McMillin to obtain easements for their use at homeowner's costs and exposure. • The value of using the easement has never been disclosed to the HOA/homeowners • It is not dear or ever been clearly defined to homeowners what our exposure is for: Ongoing maintenance, costs, insurance, indemnity etc. Future access aaoss the parcels Our responsibilities to oomply with their future HOA guidelines and satlsfection • At two city meetings with Cape homeowners and HOA Board members, McMillin agreed to place engineering stakes to show the final grade and height of slope and fences. To date never complied. • McMillin and the former Cape Board members together attempted to get homeowners to sign without FULL disctosure of actual value or ongoing responsibilities, access to their parcels, and liatMlities. There have been multiple incidents of McMillin representatives unduly confusing and misrepresenting infbrmation to homeowners. • Homeowners witl not agree until the issues are made dear to them. There are three homeowners who have not signed the McMillin Letter of Intent as well as the HOA. Homeowners do not want maintenance personnel in the new parcels, some do not want the land and the extra liability, some do not want an extra parcel, and others want it if there is a new fence. No one agrees. • Advantage McMillin: to gain the slope and height and extra land to expand heir project as well as gain ocean view lots. • Advantage McMillin: Expediency to meet agreement with Brookfield • Disadvantage to Caoe: Extra unusable land, with undisdosed encumbrances, ongoing and unknown liabilities, possible lender concems, additional liability, insurance, noalntenance, additionai costs to the HOA, and no dear pathway to guarantee to a future HOA (not yet formed) that we meet their requirements for suitable maintenance ... or they retrieve the land. • Disadvantage: McMillin has, witi^ut our pemiission, encroached on our easement, undermined the integrity of our fences, destroyed our drainage protections, frightened some homeowners into signing by stating they will be ovenrun with vagrants and drug activity unless they sign to maintain the iand. • Disadvantage to Caoe: HOA would have to create a separate assessment accounting process at our expense, with ongoing additkHiai costs so that monies couid be collected from each landowner for those separate parcels In order to separately maintain them and therefbre ensure their compiiance with the McMillin future HOA guideiines. Recommendatione After 1 % months of discussions, Investigations, and research to determine the facts that could affect us, with numerous parties induding: Area developers Attomey Engineers City of Carisbad spokespersons Title company authority Subdivision map review Califomia Department of Real Estate Subdivision Department Effected area homeowners Property manager The following are possible options: McMillin proceeds to process the nnap and sale of project to Brookfield (actual builder). Negotiations are conduded with Cape homeowners and HOA to give the easenient. All agree on the format of easement to deed us the land and they provide maintenance or we grant them the land, build us a wall and pay the Cape for the value of such. McMillin moves the project isack to their line, replaces the brow ditch, builds a new 6' to 61^' wall and pays the Cape physical damages: Ruined brow ditch protection Undermined fences Drain Integrity destroyed Draniage system lost Blasting damage to pipes, cement walkways and driveways Dust Noise Inconvenience Trespassing without pennission Concluelon McMillin in mid»purchase and mid-sale to Brookfield. Time Is their key factor. Either they gain our agreement to go fonvard with their unknown deal or reprocess the map and re- review with the City which could cost them 6 months to 1 year in time and delays... .OR stay on time fc>y reimbursing the Cape for damages, move the project back, remove and replace the land to original condition. NertStape The City of Carisbad has asked for a Board response prior to a City meeting on July 2, 2003 with McMillin regarding our status and position so that the Ci^ can respond to McMillin. Meeting set for July 15,2003 with City Offidals, HOA and related homeowners. The Cape at Calavera Hills Homeowners Association Board of Directors President, Bill Champion Date Vice Prd6ldent, Tom London Date Treasurer, Maureen Lehan Date Secretary, Ed Pont Date Member at large, Caroline Prescott Date July 1,2003 4k BHDDKFIELD HOMES Mr. Mike Grim Planning Department 1635 Faraday Avenue Carlsbad, California 92008-7314 Re: Calavera Hills, Village E-1 Perimeter Wall Dear Mike: SAN DIEGO RIVERSIDE 128B5 Pointe Del Mar Suite 200 Del Mar CA 92014-3859 Phone 858.481.8500 Fax 858.481.9375 www. brookfieldhomes. com This letter is to confirm our discussion and agreement on the design details for the perimeter walls. The approved tentative map indicates a variety of wall heights and types to mitigate noise from the surrounding streets. These walls range from in height from 5 and 6 feet high masonry to 3 foot glass over 5 foot of masonry with a total range of heights including earth berms from 5 feet to 11 feet. We have looked at the street view and feel that transitioning from a combination of glass/block wall to solid block wall at several locations along the street frontage will create a confusing and inconsistent street scene. We are therefore proposing to use only the combination (glass over block) along the entire frontage. By varying the height of the block and glass we can meet the noise attenuation requirements while creating a better more consistent street scene. There is an added benefit to the homeowners of allowing more light into the rear patio area as in all locaiions the solid portion of the combination wall is lower than the solid wall/berm shown on the tentative map. We propose the following changes. Starting on the east side and rotating counter clockwise, we do not propose to change the combination wall and berm along College Boulevard and Carlsbad Village Drive to building 11. We propose to change the 1 foot berm and 6 foot solid block wall beginning at building 11 to a combination wall consisting of 2 foot glass over 5 foot block. This combination wall run behind buildings 8 through 11 and end at building 8 where it will abut a 3 foot glass over 5' block as show on the tentative map. We propose no changes to the 3 foot glass over 5' block section behind building 5 through 8. We propose to change the short section of 1 foot berm and 6 foot solid block wall behind building 5 to a 2'glass/5' block combination. The 6 foot solid wall along the side and back of building 4 and the 5 foot solid wall behind building 3 will be changed to a combination 2'glass over 4'block wall. The walls along Glasgow Drive behind building 1,2, 18 and 19 are proposed as combination 2' glass over 4' block wall as well. Enclosed is a marked up site plan indicating the location of each wall type. Also attached is an excerpt from the noise report indicating the specification of acceptable material for each wall element. We believe the proposed changes will result in a better project for the community as well as future residents. We are proceeding with design of final working drawing based on our discussion and your concurrence that these changes are acceptable to the City. Should you have any question regarding this proposal, please call me. Sincerely, E. Dale uleed Vice President Engineering cc: Carlene Meads, Brookfield Homes Brain Milich, McMillin Communities Don Mitchell, McMillin Communities Ray Martin, Hunsaker and Associates John Howard, Howard and Associates 4 Mitigation As indicated, future projected noise levels at the units adjacent to Carlsbad Village Drive and College Boulevard are anticipated to exceed applicable standards without midgation. Mitigation of these noise levels can be accomplished through the construction of noise barriers. Noise barriers were modeled using STAMINA and OPTIMA as described above. The STAMINA and OPTIMA input and output for modeling the noise barriers are contained in Attachment 2. Table 2 shows the resulting noise levels at the modeled receivers after construction of noise barriers. Construction of noise barriers varying from three to eleven feet in height, as shown in Figure 6, will result in noise levels for ground-floor exterior usable areas at or below 60 CNEL. With constnicdon of the proposed barriers, ground floor noise levels throughout the project site will be at or below 60 CNEL. The STAMINA and OPTIMA input and output for modehng the noise barriers are contained in Attachment 2. The barrier heights specified are relative to fmal pad elevations or the top of slope as shown in Figure 6. It is City policy to discourage the use of noise walls in excess of six feet in height. Required barrier heights may be achieved through the construction of walls, berms, or wall/berm combinations. The effectiveness of a barrier is dependent upon the quality of construction and the barrier material mass and acoustical properties. Baniers should be free of cracks and holes. The transmission loss through a barrier should be at least 10 decibels greater than the estimated barrier attenuation (Federal Highway Administrauon 1979:34). If a barrier attenuates noise levels by 5 dB(A) at a receiver location, the barrier transmission loss must be at least 15 dB(A) to prevent audible noise from traveling through the barrier and adding to the acoustical environment. Examples of acceptable barrier materials include. but are not limited to, masonry block, wood frame with stucco, 0.5-inch-thick Plexiglas, ,or 0.25-inch-thich plate glass. It transparent barrier materials are used, no .gaps should occur between the panels. Uhimate barrier heights may be achieved through j combination of berms and walls. As seen in Table 2, even with the construction of the proposed barriers, second floor exterior noise levels could exceed 60 CNEL for the buildings adjacent to Carlsbad Village Drive and College Boulevard (Buildings 3 through 17). For residential units in these buildings, the state building code requires that a detailed analysis be performed demonstrating that interior noise levels do not exceed applicable standards. At the dme that building plans are available for these buildings, and prior to the issuance of building permits, a detailed acoustical analysis will be required demonstrating that interior noise levels due to exterior sources will be at or below the 45 CNEL standard. The analysis shall consider the units in Buildings 3 through 17. 12 Al McMillin Land Development A Corky McMillin Connpany ^ June 23,2003 Board of Directors The Cape at Calavera Hills Homeowners Association 1930 South Coast Highway Suite 110 Oceanside, CA 92054-6466 RE: CALAVERA HILLS II AND THE CAPE AT CALAVERA HILLS COMMON BOUNDARY INTERFACE Dear Homeowner(s): Enclosed is a copy of a letter sent to the City of Carlsbad by Calavera Hills II LLC. This letter is being sent to you at the request of Mike Grim from the City ofCarlsbad. Should you have any questions, please call Mike Grim at (760)602-4623. Sincerely, Calavera Hills II, LLC By McMillin Companies Don Mitchell Vice President DM\cb Enclosure cc: Brian Milich Mike Grim, City ofCarlsbad Dale Gleed, Brookfield Homes Don Neu, City ofCarlsbad Michael Holzmiller, City of Carlsbad Frank Jimeno, City of Carlsbad Ratification file (Cal II) AW AV AV AV AVV McMillin Realty McMillin Mortg,igc McMillin Land Development McMillin Homes McMillin Commercial CORPORATE OFFICE 2727 HOOVER AVENUE NATIONAL CITY CA 91950 TEL (619) 477-4117 FAX (619) 336-3112 wwwmcmillin com c Al McMillin Land Development A Corky McMiliin Company ^ Corky McMiliin Company June 19, 2003 via facsimile and U. S. Mail Mr. Mike Grim CityofCarlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Re: Calavera Hills Village E-1, Carisbad Tract CT 01-03 Calavera Hills II and The Cape at Calavera Hills common boundary interface Dear Mike, This letter is to notify the City that, in our opinion, we have reached an impasse with two of the Cape property owners and the HOA Board for the Cape development. Attached is a summary of the responses to various letters and applications which have been sent to the property owners. Eight of the ten property owners have agreed to our proposal by virtue of their signing the March 7, 2003 letter and subsequent signing of the boundary adjustment plat. We have sent correspondence to the HOA Board on May 22, 2003 and June 12, 2003. As of this date we have not received any response from the Board. Considering the amount of correspondence and meetings which have occurred over the past year (refer to chronology submitted to you on May 28, 2003) we do not believe that a 100% concurrence of the ten property owners and the HOA Board is achievable. Based on the above, we formally request that the Village E-1 plans and map be processed without the boundary adjustment. Additionally we propose that the down slope from Village E-1 be irrigated and maintained by the Calavera Hills 11 Master HOA. When directed by the City, Calavera Hills II LLC will remove the drain pipe that has been installed and reconstruct the brow ditch on the homeowner's and HOA's property. We would like to proceed, at this time, as outlined in my email to you dated June 16, 2003 (copy enclosed). Please reply to this letter at your earliest convenience. Sincerely, CALAVERA HILLS II LLC by: McMillin Companies Don Mitchell* Vice President ends: cc: Brian Milich Dale Gleed, Brookfield Homes Don Neu, City of Carlsbad Michael Holzmiller, City of Carlsbad Frank Jimeno, City of Carlsbad Ratification file (Cal II) AV AV AV AV AV McMillm Realty McMillin Mongage McMillin Land Development McMilItn Homes McMiUiji Commercial CORPORATE OFFICE 2727 HOOVER AVENUE NATIONAL CITY. C A 91950 TEL (6 IS) 477-4117 FAX (619) 336-3112 www mcmillin com Caiavera HiUs - The Cape at Calavera Hilts Summary of Correspondence Responses Date of Letter Harrison Glover Theiss Brown Nash Kennedy Hill Kuester Carter Strother March 7, 2003 Agreed Agreed Agreed No Agreed Agreed Agreed Agreed Agreed Agreed Boundary Adj Plat Signed Signed Signed No No Signed Signed Signed Signed Signed May 27, 2003 Agreed No Response Agreed No Response No Response Agreed Agreed Agreed No Response Agreed June 11, 2003 N/A No Response N/A No Response No Response N/A N/A N/A No Response N/A (1 H;\data\engnring\DMITCHEL\EXCEL\Chll_Summary of Cape Homeowners responses V..^ ^ Page 1 of 1 Don Mitciiell From: Don Mitchell Sent: Monday, June 16, 2003 9:02 AM To: 'Mike Grim'; Frank Jimeno; Don Neu; Don Rideout; Michael Holzmiller Cc: Brian Milich; 'DGIeed@brookfieldhomes.com'; 'Ray Martin'; John Howard Subject: Calavera Hills Village E-1 Dear Mike and Frank As you know we have sent final letters to the non-responding homeowners and to the HOA Board. We have requested responses between today and mid week. After we receive or don't receive these responses we have be directed by you to write the city and indicate the status of our negotiations. It is my opinion that I will be writing you a letter that indicates we have not been able to obtain a 100% consensus. Your e-mail of last week indicated that the City would then write a letter to the homeowners indicating the city's position. I am assuming this is to provide a final chance to obtain a 100% consensus. Calavera Hills II LLC has agreed to this approach however we do not feel that the processing of our plans and map should be delayed while these negotiations are on going. From the chronology of Cape property owner correspondence it is clear to see that we have been actively pursuing this consensus for nearly one year. I am doubtful that it will be resolved in the next two weeks. Calavera Hills II LLC proposes the following to allow the maps and plans to go forward yet still allow for the implementation of an agreement if one is reached with the homeowners and HOA 1. Calavera will not do any additional work on the homeowners or HOA property until directed to do so by the City. 2. Calavera will revise the plans and map to reflect the development as approved by the City Council. 3. Should an agreement be reached Calavera will revise the plans and install the improvements in accordance with the agreement. 4. The boundary adjustment if agreed to by 100% of the homeowners (or a lesser amount if allowed by the City) will be processed after the final map for Village E-1 has been recorded. Again, we believe it is evident that we have been cooperative with the homeowners and HOA and except for a small minority have had the concurrence of the neighbors. We also believe that it was the intent of the City Council to have us work with the neighbors but not to have our project delayed by a minority group of property owners. We believe our request is reasonable based upon the documented attempts on our part to reach a consensus with the homeowners and HOA. Your consideration and response to this request is appreciated. Sincerely, Don Mitchell All ^ McMillin Land Developmen A Corkv McMillin Comnanv J A Corky McMillin Company June 19, 2003 Mr. Mike Grim City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Re: Calavera Hills Village E-1, Carlsbad Tract CT 01-03 Calavera Hills II and The Cape at Calavera Hills common boundary interface Dear Mike, This letter is to notify the City that, in cur opinion, we have reached an impasse with two of the Cape property owners and the HOA Board for the Cape development. Attached is a summary of the responses to various letters and applications which have been sent to the property owners. Eight of the ten property owners have agreed to our proposal by virtue of their signing the March 7, 2003 letter and subsequent signing of the boundary adjustment plat. We have sent correspondence to the HOA Board on May 22, 2003 and June 12, 2003. As ofthis date we have not received any response from the Board. Considering the amount of correspondence and meetings which have occurred over the past year (refer to chronology submitted to you on May 28, 2003) we do not believe that a 100% concurrence of the ten property owners and the HOA Board is achievable. Based on the above, we formally request that the Village E-1 plans and map be processed without the boundary adjustment. Additionally we propose that the down slope from Village E-1 be irrigated and maintained by the Calavera Hills II Master HOA. When directed by the City, Calavera Hills II LLC will remove the drain pipe that has been installed and reconstruct the brow ditch on the homeowner's and HOA's property. We would like to proceed, at this time, as outlined in my email to you dated June 16, 2003 (copy enclosed). Please reply to this letter at your earliest convenience. Sincerely, CALAVERA HILLS II LLC by: McMillin Companies Don Mitchell Vice President ends: cc: Brian Milich Dale Gleed, Brookfield Homes Don Neu, City of Carlsbad Michael Holzmiller, City of Carlsbad Frank Jimeno, City of Carlsbad Ratification file (Cal II) Al AV AV AV AV McMillin Realty McMiUin Mortgage McMillin Land Development McMillin Homes McMillin Commercial CORPORATE OFFICE 2727 HOOVER AVENUE NATIONAL CITY, CA 91950 TEL (619) 477-4117 FAX (619) 336-3112 www.monillin.com H:\data\engnring\DMlTCHEL\WORD\ChII_Letter to city re the Cape.doc o Calavera Hills - The Cape at Calavera Hills Summary of Correspondence Responses Date of Letter Harrison Glover Theiss Brown Nash Kennedy HIII Kuester Carter Strother March 7, 2003 Agreed Agreed Agreed No Agreed Agreed Agreed Agreed Agreed Agreed Boundary Adj Plat Signed Signed Signed No No Signed Signed Signed Signed Signed May 27, 2003 Agreed No Response Agreed No Response No Response Agreed Agreed Agreed No Response Agreed June 11, 2003 N/A No Response N/A No Response No Response N/A N/A N/A No Response N/A H:\data\engnring\DMITCHEL\EXCEL\Chll_Summary of Cape Homeowners responses Page 1 of 1 Don Mitchell From: Don Mitchell Sent: Monday, June 16, 2003 9:02 AM To: 'Mike Grim'; Frank Jimeno; Don Neu; Don Rideout; Michael Holzmiller Cc: Brian Milich; 'DGIeed@brookfieldhomes.com'; 'Ray Martin'; John Howard Subject: Calavera Hills Village E-1 Dear Mike and Frank As you know we have sent final letters to the non-responding homeowners and to the HOA Board. We have requested responses between today and mid week. After we receive or don't receive these responses we have be directed by you to write the city and indicate the status of our negotiations. It is my opinion that I will be writing you a letter that indicates we have not been able to obtain a 100% consensus. Your e-mail of last week indicated that the City would then write a letter to the homeowners indicating the city's position. I am assuming this is to provide a final chance to obtain a 100% consensus. Calavera Hills II LLC has agreed to this approach however we do not feel that the processing of our plans and map should be delayed while these negotiations are on going. From the chronology of Cape property owner correspondence it is clear to see that we have been actively pursuing this consensus for nearly one year. I am doubtful that it will be resolved in the next two weeks. Calavera Hills 11 LLC proposes the following to allow the maps and plans to go forward yet still allow for the implementation of an agreement if one Is reached with the homeowners and HOA 1. Calavera will not do any additional work on the homeowners or HOA property until directed to do so by the City. 2. Calavera will revise the plans and map to reflect the development as approved by the City Council. 3. Should an agreement be reached Calavera will revise the plans and install the improvements in accordance with the agreement. 4. The boundary adjustment if agreed to by 100% of the homeowners (or a lesser amount if allowed by the City) will be processed after the final map for Village E-1 has been recorded. Again, we believe it is evident that we have been cooperative with the homeowners and HOA and except for a small minority have had the concurrence of the neighbors. We also believe that it was the intent of the City Council to have us work with the neighbors but not to have our project delayed by a minority group of property owners. We believe our request is reasonable based upon the documented attempts on our part to reach a consensus with the homeowners and HOA. Your consideration and response to this request Is appreciated. Sincerely, Don Mitchell 6/16/2003 W All June 12,2003 McMillin Land Development A Corky McMillin Company ^ / *0 Board of Directors The Cape at Calavera Hills Homeowners Association 1930 South Coast Highway, Suite 110 Oceanside, California 92054-6466 Attention: Ms. Bonnie Bruner Re: Calavera Hills Village E-1 Interface With The Cape at Calavera Hills Dear Ms. Bruner: We are writing to follow up on the matters discussed in our letter to you of May 22, 2003. We understand that the Board did not take action at its May 29, 2003 meeting on the issue of whether it will provide the written confirmation required by the City of Carlsbad for us to proceed as originally plarmed in our development of Calavera Hills Village E-1. As described in our May 22,2003 letter, the City requires written confirmation from The Cape at Calavera Hills Homeowners Association (HOA) that: (i) we may replace the e.xisting drainage ditch near the boundary between The Cape at Calavera Hills and Calavera Hills Village E-1 with a six-inch drainage pipe; and (ii) it will accept maintenance ofthe slope on Calavera Hills Village E-1 adjacent to HOA Common Area lots. In addition to the HOA's confirmation, we must also receive 100% agreement from the homeowners indicating that they are willing to sign to the boundary adjustment plat, agree to the replacement of the brow ditch with a six-inch drainage pipe, and the other improvements as outlined in our letters to the homeowners dated March 10, 2003 and May 27, 2003. Because we must bring this matter to conclusion, if we do not receive a written response from the HOA's Board of Directors and the homeowners by early next week we will, per City direction, formally state lo the City that we have reached an impasse in negotiations with the HOA and/or the homeowners and request that the City allow us to go forward with the development as represented on the approved Tentative Map. We appreciate the time and attention the Board has given this matter. Sincerely, CALAVERA HILLS II LLC By: McMillin Companies, LLC Don Mitchell / Vice President cc: Brian Milich Constance Clover Mike Grim, City of Carlsbad Frank Jimeno, City ofCarlsbad Don Neu, City of Carlsbad Katie Jacobsen, Hecht, Solberg Ratification file (Cal II) Al AV AV AV AV McMiUin Realty McMillin Mortgage McMillin Land Development McMiUin Homes McMillin Commercia] H:\data\engnring\DMITCHEL\WORD\ChlI_ The Cape Board of Directors final letter.DOC CORPORATE OFFICE 2777 HOOVER AVENUE NATIONAL CITY CA 91950 TFL (6191 477-4117 FAX (619) 336-3112 wwwmcmillin com All McMiUin Land Development A Corky McMillin Company May 27, 2003 Charles Carter Shiaolan Carter 2988 Ridgefield Avenue Carlsbad, CA 92008 RE: CALAVERA HILLS VILLAGE E-1 INTERFACE WITH YOUR PROPERTY Dear Homeowner(s): As you are aware, we have been grading the Village E-1 site. This initial phase of work will be coming to a conclusion within a few weeks. Some of the work remaining to be completed is the implementation of the work that was identified in our letter dated March 10, 2003, which you signed, another copy of which is enclosed. At the request of the City of Carlsbad, we have had to put this work on hold in order to obtain written authorization from the Board of Directors of The Cape at Calavera Hills Homeowners Association for the work on the HOA lots. Your HOA board will be hearing this request at their May 29"^ meeting. We have been informed by Mike Gram from the City today that if all of the Cape Property owners and the HOA are not in Agreement with the altered boundary, we will then be required to build per the approved Tentative Map and therefore no Boundary Adjustment would occur. Below is a summaiy ofthe work accomplished to date: 1. The existing drainage ditch has been removed and the new 6" drain has been installed. 1. The boundary adjustment plats have been submitted to the City for review and the City's revisions are being finalized. To date, seven of the ten property owners have signed the boundary adjustment plats. 2. The 6 foot masonry wall plan has been designed and is ready to build once drainage the improvements south ofthe wall are complete. By signing below, you agree that you have granted pennission to Calavera Hills II LLC (CHII) to enter onto your property in connection with the installation of the improvements described in Paragraphs 3 and 5 through 10 ofthe March 10, 2003 letter ("Additional Work"). You also agree that no additional writing, as contemplated by Paragraph 14 of the March 10, 2003 letter, will be signed by the parties CHII will indemnify you and hold you harmless from any and all claims (including, but not limited to, mechanics' and similar liens), demands, costs (including reasonable attomey's fees and attomey's out- of-pocket expenses), losses, liabilities, and obligations made against or incurred by you arising out of or in connection with the installation on your property by CHII of the Additional Work, except to the extent caused by your negligence or misconduct. AVI AV AV AV AVV McMiUin Realty McMiUin Mortgage McMUlin Land Development McMiUin Homes McMillin Commercial H:\d3la\rdT\FmB8V(S!m§nm?^S^<?ima^m^^ ^'^ '^^3) 336-3112 www.mcmtllin com Additionally, enclosed is an insurance certificate endorsement which is adding you as an additionally insured under our general liability insurance policy. We have asked our landscape architect, Carol Cornelius from Howard and Associates, to make appointments with those ofyou who have signed the boundary adjustment applications to determine how we will be extending your existing irrigation system. Again, if there is no existing system, the slope will need to be watered by hand. She will be coordinating with you with regards to what type of plant materials and trees will be planted on the slope that CHII is transferring to you. If you have any concems or would like anything further clarified please contact me at 619-336-3673 or Constance Clover at 619-336-3648. Sincerely, CALAVERA HILLS II, LLC By: McMillin Companies, LLC AGREED: Brian J. Milich Senior Vice President ends: Copy ofMareh 10, 2003 letter Insurance certificate endorsement Date: cc: Constance Clover Mike Grim, City of Carlsbad Frank Jimeno, City of Carlsbad Michael Holzmiller, City ofCarlsbad Katie Jacobsen, Hecht Solberg H:\data\rdr\FILES\CAROL\Chn_Cape at Calavera HiUs Homeowner Letter (05-27-03)2.DOC226753-2 All McMillin Land Development A Corkv McMillin Cnmnanv ••• A Corky McMillin Company May 27, 2003 Barbara Strother 2990 Ridgefield Avenue Carlsbad, CA 92008 RE: CALAVERA HILLS VILLAGE E-1 INTERFACE WITH YOUR PROPERTY Dear Homeowner(s): As you are aware, we have been grading the Village E-1 site. This initial phase of work will be coming to a conclusion within a few weeks. Some of the work remaining to be completed is the implementation ofthe work that was identified in our letter dated March 10, 2003, which you signed, another copy of which is enclosed. At the request of the City of Carlsbad, we have had to put this work on hold in order to obtain written authorization from the Board of Directors of The Cape at Calavera Hills Homeowners Association for the work on the HOA lots. Your HOA board will be hearing this request at their May 29* meeting. We have been informed by Mike Gram from the City today that if all of the Cape Property owners and the HOA are not in Agreement with the altered boundary, we will then be required to build per the approved Tentative Map and therefore no Boundary Adjustment would occur. Below is a summary of the work accomplished to date: 1. The existing drainage ditch has been removed and the new 6" drain has been installed. 2. The boundary adjustment plats have been submitted to the City for review and the City's revisions are being finalized. To date, seven of the ten property owners have signed the boundary adjustment plats. 3. The 6 foot masonry wall plan has been designed and is ready to build once drainage the improvements south of the wall are complete. By signing below, you agree that you have granted permission to Calavera Hills II LLC (CHII) to enter onto your property in connection with the installation of the improvements described in Paragraphs 3 and 5 through 10 ofthe March 10, 2003 letter ("Additional Work"). You also agree that no addifional writing, as contemplated by Paragraph 14 of the March 10, 2003 letter, will be signed by the parties CHII will indemnify you and hold you harmless from any and all claims (including, but not limited to, mechanics' and similar liens), demands, costs (including reasonable attomey's fees and attomey's out- of-pocket expenses), losses, liabilities, and obligations made against or incurred by you arising out of or in connection with the installation on your property by CHII of the Additional Work, except to the extent caused by your negligence or misconduct. AVV AV AV AV AV McMiUin Realty McMUlin Mortgage McMillin Land Development McMiUin Homes McMiUin Commercial H:\data\rdr\FfKgS\e«ft&'^^«S_CiJj^'^?aYm^S'H1HfHM»^^^^^ FAX (619) 336-3112 www mcmillin com Additionally, enclosed is an insurance certificate endorsement which is adding you as an additionally insured under our general liability insurance policy. We have asked our landscape architect, Carol Cornelius from Howard and Associates, to make appointments with those of you who have signed the boundary adjustment applications to determine how we will be extending your existing irrigation system. Again, if there is no existing system, the slope will need to be watered by hand. She will be coordinating with you with regards to what type of plant materials and trees will be planted on the slope that CHH is transferring to you. If you have any concems or would like anything further clarified please contact me at 619-336-3673 or Constance Clover at 619-336-3648. Sincerely, CALAVERA HILLS II, LLC By: McMillin Complies, LLC ^ AGREED: Brian J. Milich Senior Vice President ends: Copy ofMareh 10, 2003 letter Insurance certificate endorsement Date: cc: Constance Clover Mike Grim, City of Carlsbad Frank Jimeno, City of Carlsbad Michael Holzmiller, City of Carlsbad Katie Jacobsen, Hecht Solberg H:\data\rdr\FILES\CAROL\ChIl_Cape at Calavera Hills Homeowner Letter (05-27-03)2.DOC226753-2 All McMillin Land Development A Corky McMiliin Company *• May 27, 2003 Elizabeth Harrison 4527 Hartford Place Carlsbad, CA 92008 RE: CALAVERA HILLS VILLAGE E-1 INTERFACE WITH YOUR PROPERTY Dear Homeowner(s): As you are aware, we have been grading the Village E-1 site. This initial phase of work will be coming to a conclusion within a few weeks. Some ofthe work remaining to be completed is the implementation of the work that was identified in our letter dated March 10, 2003, which you signed, another copy of which is enclosed. At the request of the City ofCarlsbad, we have had to put this work on hold in order to obtain written authorization from the Board of Directors of The Cape at Calavera Hills Homeowners Association for the work on the HOA lots. Your HOA board will be hearing this request at their May 29* meeting. We have been informed by Mike Gram from the City today that if all of the Cape Property owners and the HOA are not in Agreement with the altered boundary, we will then be required to build per the approved Tentative Map and therefore no Boundary Adjustment would occur. Below is a summary of the work accomplished to date: 1. The existing drainage ditch has been removed and the new 6" drain has been installed. 2. The boundary adjustment plats have been submitted to the City for review and the City's revisions are being finalized. To date, seven of the ten property owners have signed the boundary adjustment plats. 3. The 6 foot masonry wall plan has been designed and is ready to build once drainage the improvements south of the wall are complete. By signing below, you agree that you have granted permission to Calavera Hills II LLC (CHII) to enter onto your property in connection with the installation ofthe improvements described in Paragraphs 3 and 5 through 10 of the March 10, 2003 letter ("Additional Work"). You also agree that no additional writing, as contemplated by Paragraph 14 of the March 10, 2003 letter, will be signed by the parties CHII will indemnify you and hold you harmless from any and all claims (including, but not limited to, mechanics' and similar liens), demands, costs (including reasonable attomey's fees and attomey's out- of-pocket expenses), losses, liabilities, and obligations made against or incurred by you arising out ofor in connection with the installation on your property by CHII of the Additional Work, except to the extent caused by your negligence or misconduct. Al AV AV AV AV McMiUin Realty McMillin Mortgage McMiUin Land Development McMUlin Homes McMiUin Commercial H;\data\rdr\Fn5Kg\GS>fR©eWlflf_Cg^7atie9>MAVftWHcM FAX (619) 336-3112 wwwmcmillm com Additionally, enclosed is an insurance certificate endorsement which is adding you as an additionally insured under our general liability insurance policy. We have asked our landscape architect, Carol Cornelius from Howard and Associates, to make appointments with those ofyou who have signed the boundary adjustment applications to determine how we will be extending your existing irrigation system. Again, if there is no existing system, the slope will need to be watered by hand. She will be coordinating with you with regards to what type of plant materials and trees will be planted on the slope that CHII is transferring to you. If you have any concems or would like anything further clarified please contact me at 619-336-3673 or Constance Clover at 619-336-3648. Sincerely, CALAVERA HILLS II, LLC By: McMillin Companies, LLC AGREED: Brian J. Milich Senior Vice President ends: Copy ofMareh 10, 2003 letter Insurance certificate endorsement Date: cc: Constance Clover Mike Grim, City of Carlsbad Frank Jimeno, City of Carlsbad Michael Holzmiller, City of Carlsbad Katie Jacobsen, Hecht Solberg H:\data\rdr\FILES\CAROL\Chn_Cape at Calavera Hills Homeowner Letter (05-27-03)2.DOC226753-2 All McMillin Land Development A Corky McMillin Company May 27, 2003 Jeff Kuester 2986 Ridgefield Avenue Carlsbad, CA 92008 RE: CALAVERA HILLS VILLAGE E-1 INTERFACE WITH YOUR PROPERTY Dear Homeowner(s): As you are aware, we have been grading the Village E-1 site. This initial phase of work will be coming to a conclusion within a few weeks. Some ofthe work remaining to be completed is the implementation ofthe work that was identified in our letter dated March 10, 2003, which you signed, another copy of which is enclosed. At the request of the City of Carlsbad, we have had to put this work on hold in order to obtain written authorization from the Board of Directors of The Cape at Calavera Hills Homeowners Association for the work on the HOA lots. Your HOA board will be hearing this request at their May 29* meeting. We have been informed by Mike Gram from the City today that if all of the Cape Property owners and the HOA are not in Agreement with the altered boundary, we will then be required to build per the approved Tentative Map and therefore no Boundary Adjustment would occur. Below is a summary of the work accomplished to date: 1. The existing drainage ditch has been removed and the new 6" drain has been installed. 2. The boundary adjustment plats have been submitted to the City for review and the City's revisions are being finalized. To date, seven of the ten property owners have signed the boundary adjustment plats. 3. The 6 foot masonry wall plan has been designed and is ready to build once drainage the improvements south of the wall are complete. By signing below, you agree that you have granted permission to Calavera Hills II LLC (CHII) to enter onto your property in connection with the installation ofthe improvements described in Paragraphs 3 and 5 through 10 of the March 10, 2003 letter ("Additional Work"). You also agree that no additional writing, as contemplated by Paragraph 14 ofthe March 10, 2003 letter, will be signed by the parties CHII will indemnify you and hold you harmless from any and all claims (including, but not limited to, mechanics' and similar liens), demands, costs (including reasonable attomey's fees and attomey's out- of-pocket expenses), losses, liabilities, and obligations made against or incurred by you arising out of or in connection with the installation on your property by CHII of the Additional Work, except to the extent caused by your negligence or misconduct. Al Al Al Al Al McMUlin Realty McMiUin Mortgage McMUlin Land Development McMUlin Homes McMUlin Coitmiercial H:\data\rdr\Ftt(B»0««eCHElflE_Cafie7alHQai*«i«flMl#H(«««6»«^ PAX (619) 336-3112 www.mcmiiHn com Additionally, enclosed is an insurance certificate endorsement which is adding you as an additionally insured under our general liability insurance policy. We have asked our landscape architect, Carol Cornelius fi'om Howard and Associates, to make appointments with those ofyou who have signed the boundary adjustment applications to determine how we will be extending your existing irrigation system. Again, if there is no existing system, the slope will need to be watered by hand. She will be coordinating with you with regards to what type of plant materials and trees will be planted on the slope that CHII is transferring to you. If you have any concems or would like anything further clarified please contact me at 619-336-3673 or Constance Clover at 619-336-3648. Sincerely, CALAVERA HILLS II, LLC By: McMillin Companies, LLC AGREED: Brian J. Milich Senior Vice President ends: Copy of March 10, 2003 letter Insurance certificate endorsement Date: cc: Constance Clover Mike Grim, City ofCarlsbad Frank Jimeno, City of Carlsbad Michael Holzmiller, City ofCarlsbad Katie Jacobsen, Hecht Solberg H:\data\rdr\FILES\CAROL\ChIl_Cape at Calavera Hills Homeowner Letter (05-27-03)2.DOC226753-2 All McMiUin Land Development A Corky McMillin Company •*• May 27, 2003 Bernice Hill 2984 Ridgefield Avenue Carisbad, CA 92008 RE: CALAVERA HILLS VILLAGE E-1 INTERFACE WITH YOUR PROPERTY Dear Homeowner(s): As you are aware, we have been grading the Village E-1 site. This initial phase of work will be coming to a conclusion within a few weeks. Some of the work remaining to be completed is the implementation ofthe work that was identified in our letter dated March 10, 2003, which you signed, another copy of which is enclosed. At the request of the City of Carlsbad, we have had to put this work on hold in order to obtain written authorization from the Board of Directors of The Cape at Calavera Hills Homeowners Association for the work on the HOA lots. Your HOA board will be hearing this request at their May 29* meeting. We have been informed by Mike Gram from the City today that if all ofthe Cape Property owners and the HOA are not in Agreement with the altered boundary, we will then be required to build per the approved Tentative Map and therefore no Boundary Adjustment would occur. Below is a summary ofthe work accomplished to date: 1. The existing drainage ditch has been removed and the new 6" drain has been installed. 2. The boundary adjustment plats have been submitted to the City for review and the City's revisions are being fmalized. To date, seven of the ten property owners have signed the boundary adjustment plats. 3. The 6 foot masonry wall plan has been designed and is ready to build once drainage the improvements south of the wall are complete. By signing below, you agree that you have granted permission to Calavera Hills II LLC (CHII) to enter onto your property in connection with the installation ofthe improvements described in Paragraphs 3 and 5 through 10 ofthe March 10, 2003 letter ("Additional Work"). You also agree that no additional writing, as contemplated by Paragraph 14 of the March 10, 2003 letter, will be signed by the parties CHII will indemnify you and hold you harmless from any and all claims (including, but not limited to, mechanics' and similar liens), demands, costs (including reasonable attomey's fees and attomey's out- of-pocket expenses), losses, liabilities, and obligations made against or incurred by you arising out of or in connection with the installation on your property by CHII of the Additional Work, except to the extent caused by your negligence or misconduct. AVV AVV AVV AVV AVV McMUlin Realty McMilUn Mortgage McMillin Land Development McMillin Homes McMUlin Commercial H:\data\rdr\FlMS«P!^eDHEmE_Ca?e7attOai««i*Oi«eHoMWi!^^ (619) 336-3112 www mcmillm com Additionally, enclosed is an insurance certificate endorsement which is adding you as an additionally insured under our general liability insurance policy. We have asked our landscape architect, Carol Cornelius from Howard and Associates, to make appointments with those ofyou who have signed the boundary adjustment applications to determine how we will be extending your existing irrigation system. Again, if there is no existing system, the slope will need to be watered by hand. She will be coordinating with you with regards to what type of plant materials and trees will be planted on the slope that CHII is transferring to you. If you have any concems or would like anything further clarified please contact me at 619-336-3673 or Constance Clover at 619-336-3648. Sincerely, CALAVERA HILLS II, LLC By: McMillin Companies, LLC AGREED: Brian J. Milich Senior Vice President ends: Copy ofMareh 10, 2003 letter Insurance certificate endorsement Date: cc: Constance Clover Mike Grim, City of Carlsbad Frank Jimeno, City ofCarlsbad Michael Holzmiller, City of Carlsbad Katie Jacobsen, Hecht Solberg H:\data\rdr\FILES\CAROL\ChII_Cape at Calavera Hills Homeowner Letter (05-27-03)2.DOC226753-2 All McMiUin Land Development A Corkv Mr.Mdlin Cnmnany A Corky McMfllin Company May 27, 2003 Keith Kennedy 2980 Ridgefield Place Carisbad, CA 92008 RE: CALAVERA HILLS VILLAGE E-1 INTERFACE WITH YOUR PROPERTY Dear Homeowner(s): As you are aware, we have been grading the Village E-1 site. This initial phase of work will be coming to a conclusion within a few weeks. Some of the work remaining to be completed is the implementation of the work that was identified in our letter dated March 10, 2003, which you signed, another copy of which is enclosed. At the request ofthe City ofCarlsbad, we have had to put this work on hold in order to obtain written authorization from the Board of Directors of The Cape at Calavera Hills Homeowners Association for the work on the HOA lots. Your HOA board will be hearing this request at their May 29* meeting. We have been informed by Mike Gram from the City today that if all of the Cape Property owners and the HOA are not in Agreement with the altered boundary, we will then be required to build per the approved Tentative Map and therefore no Boundary Adjustment would occur. Below is a summary of the work accomplished to date: 1. The existing drainage ditch has been removed and the new 6" drain has been installed. 2. The boundary adjustment plats have been submitted to the City for review and the City's revisions are being finalized. To date, seven of the ten property owners have signed the boundary adjustment plats. 3. The 6 foot masonry wall plan has been designed and is ready to build once drainage the improvements south of the wall are complete. By signing below, you agree that you have granted permission to Calavera Hills II LLC (CHII) to enter onto your property in connection with the installation of the improvements described in Paragraphs 3 and 5 through 10 of the March 10, 2003 letter ("Additional Work"). You also agree that no additional writing, as contemplated by Paragraph 14 ofthe March 10, 2003 letter, will be signed by the parties CHII will indemnify you and hold you harmless from any and all claims (including, but not limited to, mechanics' and similar liens), demands, costs (including reasonable attomey's fees and attomey's out- of-pocket expenses), losses, liabilities, and obligations made against or incurred by you arising out of or in connection with the installation on your property by CHII of the Additional Work, except to the extent caused by your negligence or misconduct. AVI Al AV AVV AVV McMiUin Realty McMiUin Mortgage McMUUn Land Development McMillin Homes McMUlin Commercial H:\data\rdr\Fg,g^g(^^^|,^h}LC?P?/a»(6^1»1?ii*^«teHoiWB«S^ FAX (619) 336-3112 wwwmcmillm com Additionally, enclosed is an insurance certificate endorsement which is adding you as an additionally insured under our general liability insurance policy. We have asked our landscape architect, Carol Comelius from Howard and Associates, to make appointments with those of you who have signed the boundary adjustment applications to determine how we will be extending your existing irrigation system. Again, if there is no existing system, the slope will need to be watered by hand. She will be coordinating with you with regards to what type of plant materials and trees will be planted on the slope that CHII is transferring to you. If you have any concems or would like anything further clarified please contact me at 619-336-3673 or Constance Clover at 619-336-3648. Sincerely, CALAVERA HILLS II, LLC By: McMillin Companies, LLC AGREED: Brian J. Milich Senior Vice President ends: Copy ofMareh 10, 2003 letter Insurance certificate endorsement Date:_ cc: Constance Clover Mike Grim, City ofCarlsbad Frank Jimeno, City of Carlsbad Michael Holzmiller, City of Carlsbad Katie Jacobsen, Hecht Solberg H:\data\rdr\FILES\CAROL\ChII_Cape at Calavera Hills Homeowner Letter (05-27-03)2.DOC226753-2 c o All McMillin Land Development A Corky McMillm Company May 27, 2003 Jill and Thomas Nach 2978 Ridgefield Avenue Carisbad, CA 92008 RE: CALAVERA HILLS VILLAGE E-1 INTERFACE WITH YOUR PROPERTY Dear Homeowner(s): As you are aware, we have been grading the Village E-1 site. This initial phase of work will be coming to a conclusion within a few weeks. Some of the work remaining to be completed is the implementation of the work that was identified in our letter dated March 10, 2003, which you signed, another copy of which is enclosed. At the request of the City of Carlsbad, we have had to put this work on hold in order to obtain written authorization from the Board of Directors of The Cape at Calavera Hills Homeowners Association for the work on the HOA lots. Your HOA board will be hearing this request at their May 29* meeting. We have been informed by Mike Gram from the City today that if all of the Cape Property owners and the HOA are not in Agreement with the altered boundary, we will then be required to build per the approved Tentative Map and therefore no Boundary Adjustment would occur. Below is a summary of the work accomplished to date: 1. The existing drainage ditch has been removed and the new 6" drain has been installed. 2. The boundary adjustment plats have been submitted to the City for review and the City's revisions are being finalized. To date, seven of the ten property owners have signed the boundary adjustment plats. 3. The 6 foot masonry wall plan has been designed and is ready to build once drainage the improvements south of the wall are complete. By signing below, you agree that you have granted permission to Calavera Hills II LLC (CHII) to enter onto your property in connection with the installation ofthe improvements described in Paragraphs 3 and 5 through 10 ofthe March 10, 2003 letter ("Additional Work"). You also agree that no additional writing, as contemplated by Paragraph 14 of the March 10, 2003 letter, will be signed by the parties CHII will indemnify you and hold you harmless from any and all claims (including, but not limited to, mechanics' and similar liens), demands, costs (including reasonable attomey's fees and attomey's out- of-pocket expenses), losses, liabilities, and obligations made against or incurred by you arising out ofor in connection with the installation on your property by CHII of the Additional Work, except to the extent caused by your negligence or misconduct. AVV AV AVV AVV AV McMUlin Realty McMillin Mortgage McMUlin Land Development McMiUin Homes McMiUin Commercial H:\data\rdr\FH£ES\0mOJyClfll_Cap£7£«<ai»fii%/HjUf H(f«ilfl^ FAX (619) 336-3112 www mcmillin com Additionally, enclosed is an insurance certificate endorsement which is adding you as an additionally insured under our general liability insurance policy. We have asked our landscape architect, Carol Comelius from Howard and Associates, to make appointments with those of you who have signed the boundary adjustment applications to determine how we will be extending your existing irrigation system. Again, if there is no existing system, the slope will need to be watered by hand. She will be coordinating with you with regards to what type of plant materials and trees will be planted on the slope that CHII is transferring to you. If you have any concems or would like anything further clarified please contact me at 619-336-3673 or Constance Clover at 619-336-3648. Sincerely, CALAVERA HILLS II, LLC By: McMillin Companies, LLC AGREED: Brian J. Milich Senior Vice President ends: Copy ofMareh 10, 2003 letter Insurance certificate endorsement Date:_ cc: Constance Clover Mike Grim, City ofCarlsbad Frank Jimeno, City of Carlsbad Michael Holzmiller, City of Carlsbad Katie Jacobsen, Hecht Solberg H:\data\rdr\FILES\CAROL\ChII_Cape at Calavera Hills Homeowner Letter (05-27-03)2.DOC226753-2 May 27, 2003 All McMiUin Land Development A Corky McMillin Company Vera Theiss 2974 Ridgefield Avenue Carisbad, CA 92008 RE: CALAVERA HILLS VILLAGE E-1 INTERFACE WITH YOUR PROPERTY Dear Homeowner(s): As you are aware, we have been grading the Village E-1 site. This initial phase of work will be coming to a conclusion within a few weeks. Some of the work remaining to be completed is the implementation of the work that was identified in our letter dated March 10, 2003, which you signed, another copy of which is enclosed. At the request of the City of Carlsbad, we have had to put this work on hold in order to obtain written authorization from the Board of Directors of The Cape at Calavera Hills Homeowners Association for the work on the HOA lots. Your HOA board will be hearing this request at their May 29* meeting. We have been informed by Mike Gram from the City today that if all of the Cape Property owners and the HOA are not in Agreement with the altered boundary, we will then be required to build per the approved Tentative Map and therefore no Boundary Adjustment would occur. Below is a summary of the work accomplished to date: 1. The existing drainage ditch has been removed and the new 6" drain has been installed. 2. The boundary adjustment plats have been submitted to the City for review and the City's revisions are being finalized. To date, seven of the ten property owners have signed the boundary adjustment plats. 3. The 6 foot masonry wall plan has been designed and is ready to build once drainage the improvements south of the wall are complete. By signing below, you agree that you have granted permission to Calavera Hills II LLC (CHII) to enter onto your property in connection with the installation of the improvements described in Paragraphs 3 and 5 through 10 of the March 10,2003 letter ("Additional Work"). You also agree that no additional writing, as contemplated by Paragraph 14 of the March 10, 2003 letter, will be signed by the parties CHII will indemnify you and hold you harmless from any and all claims (including, but not limited to, mechanics' and similar liens), demands, costs (including reasonable attomey's fees and attomey's out- of-pocket expenses), losses, liabilities, and obligations made against or incurred by you arising out of or in connection with the installation on your property by CHII of the Additional Work, except to the extent caused by your negligence or misconduct. AVV AV AVV AVV AV McMillin Realty McMUUn Mortgage McMillin Land Development McMUlin Homes McMiUm Commercial H:\data\rdr\F8^6i^i)5ii(itltt_Cape7afieDto«ia/aitoHciitW FAX (619) 336-3112 www.mcmilll Additionally, enclosed is an insurance certificate endorsement which is adding you as an additionally insured under our general liability insurance policy. We have asked our landscape architect, Carol Comelius from Howard and Associates, to make appointments with those of you who have signed the boundary adjustment applications to determine how we will be extending your existing irrigation system. Again, if there is no existing system, the slope will need to be watered by hand. She will be coordinating with you with regards to what type of plant materials and trees will be planted on the slope that CHII is transferring to you. If you have any concems or would like anything further clarified please contact me at 619-336-3673 or Constance Clover at 619-336-3648. Sincerely, CALAVERA HILLS II, LLC By: McMillin Companies, LLC AGREED: Brian J. Milich Senior Vice President ends: Copy ofMareh 10, 2003 letter Insurance certificate endorsement Date: cc: Constance Clover Mike Grim, City of Carlsbad Frank Jimeno, City of Carlsbad Michael Holzmiller, City ofCarlsbad Katie Jacobsen, Hecht Solberg H:\data\rdr\FILES\CAROL\ChII_Cape at Calavera Hills Homeowner Letter (05-27-03)2.DOC226753-2 All McMiUin Land Development A Corky McMillm Company May 27, 2003 Eva Brown 2976 Ridgefield Avenue Carisbad, CA 92008 RE: CALAVERA HILLS VILLAGE E-1 INTERFACE WITH YOUR PROPERTY Dear Homeowner(s): As you are aware, we have been grading the Village E-1 site. This initial phase of work will be coming to a conclusion within a few weeks. Some of the work remaining to be completed is the implementation of the work that was identified in our letter dated March 10, 2003, which you signed, another copy of which is enclosed. At the request ofthe City ofCarlsbad, we have had to put this work on hold in order to obtain written authorization from the Board of Directors of The Cape at Calavera Hills Homeowners Association for the work on the HOA lots. Your HOA board will be hearing this request at their May 29* meeting. We have been informed by Mike Gram from the City today that if all of the Cape Property owners and the HOA are not in Agreement with the altered boundary, we will then be required to build per the approved Tentative Map and therefore no Boundary Adjustment would occur. Below is a summary ofthe work accomplished to date: 1. The existing drainage ditch has been removed and the new 6" drain has been installed. 2. The boundary adjustment plats have been submitted to the City for review and the City's revisions are being finalized. To date, seven of the ten property owners have signed the boundary adjustment plats. 3. The 6 foot masonry wall plan has been designed and is ready to build once drainage the improvements south of the wall are complete. By signing below, you agree that you have granted permission to Calavera Hills II LLC (CHII) to enter onto your property in connection with the installation ofthe improvements described in Paragraphs 3 and 5 through 10 of the March 10, 2003 letter ("Additional Work"). You also agree that no additional writing, as contemplated by Paragraph 14 of the March 10, 2003 letter, will be signed by the parties CHII will indemnify you and hold you harmless from any and all claims (including, but not limited to, mechanics' and similar liens), demands, costs (including reasonable attomey's fees and attomey's out- of-pocket expenses), losses, liabilities, and obligations made against or incurred by you arising out of or in connection with the installation on your property by CHII of the Additional Work, except to the extent caused by your negligence or misconduct. AVV AV AVV AV AVV McMUlin Realty McMiUin Mortgage McMUlin Land Development McMUlin Homes McMiUin Commercial H:\data\rdr\FflaiS'\6W^'EDJABbH_C2?B'at(fiatwejwHjiUs H(l>l»«BAlAtrt3CEtlO-A^S6»7-O1^2(E)0)31226(7J3-2FAX (6i9) 336-3112 wwwmcmillin com Additionally, enclosed is an insurance certificate endorsement which is adding you as an additionally insured under our general liability insurance policy. We have asked our landscape architect, Carol Comelius from Howard and Associates, to make appointments with those of you who have signed the boundary adjustment applications to determine how we will be extending your existing irrigation system. Again, if there is no existing system, the slope will need to be watered by hand. She will be coordinating with you with regards to what type of plant materials and trees will be planted on the slope that CHII is transferring to you. If you have any concems or would like anything fiirther clarified please contact me at 619-336-3673 or Constance Clover at 619-336-3648. Sincerely, CALAVERA HILLS II, LLC By: McMillin Companies, LLC AGREED: Brian J. Milich Senior Vice President ends: Copy ofMareh 10, 2003 letter Insurance certificate endorsement Date: cc: Constance Clover Mike Grim, City of Carlsbad Frank Jimeno, City of Carlsbad Michael Holzmiller, City ofCarlsbad Katie Jacobsen, Hecht Solberg H:\data\rdr\FILES\CAROL\ChII_Cape at Calavera Hills Homeowner Letter (05-27-03)2.DOC226753-2 C! All McMiUin Land Development A Corky McMilfin Company ••• May 27, 2003 Pam Glover 4526 Harford Place Carisbad, CA 92008 RE: CALAVERA HILLS VILLAGE E-1 INTERFACE WITH YOUR PROPERTY Dear Homeowner(s): As you are aware, we have been grading the Village E-1 site. This initial phase of work will be coming to a conclusion within a few weeks. Some of the work remaining to be completed is the implementation ofthe work that was identified in our letter dated March 10, 2003, which you signed, another copy of which is enclosed. At the request of the City ofCarlsbad, we have had to put this work on hold in order to obtain written authorization from the Board of Directors of The Cape at Calavera Hills Homeowners Association for the work on the HOA lots. Your HOA board will be hearing this request at their May 29* meeting. We have been informed by Mike Gram from the City today that if all ofthe Cape Property owners and the HOA are not in Agreement with the altered boundary, we will then be required to build per the approved Tentative Map and therefore no Boundary Adjustment would occur. Below is a summary ofthe work accomplished to date: 1. The existing drainage ditch has been removed and the new 6" drain has been installed. 2. The boundary adjustment plats have been submitted to the City for review and the City's revisions are being finalized. To date, seven of the ten property owners have signed the boundary adjustment plats. 3. The 6 foot masonry wall plan has been designed and is ready to build once drainage the improvements south of the wall are complete. By signing below, you agree that you have granted permission to Calavera Hills II LLC (CHII) to enter onto your property in connection with the installation of the improvements described in Paragraphs 3 and 5 through 10 ofthe March 10, 2003 letter ("Additional Work"). You also agree that no additional writing, as contemplated by Paragraph 14 ofthe March 10, 2003 letter, will be signed by the parties CHII will indemnify you and hold you harmless from any and all claims (including, but not limited to, mechanics' and similar liens), demands, costs (including reasonable attomey's fees and attomey's out- of-pocket expenses), losses, liabilities, and obligations made against or incurred by you arising out of or in connection with the installation on your property by CHII of the Additional Work, except to the extent caused by your negligence or misconduct. All AV AVV AVV AVV McMiUin Realty McMiUin Mortgage McMUUn Land Development McMUlin Homes McMillin Coirmiercial H:\data\rdr\FIl!S8\CB6«0{llClflI_Capa7*lOQl»%i*'Hjllf HdViSlff^ FAX (619) 336-3112 www mcmillin com Additionally, endosed is an insurance certificate endorsement which is adding you as an additionally insured under our general liability insurance policy. We have asked our landscape architect, Carol Comelius from Howard and Associates, to make appointments with those ofyou who have signed the boundary adjustment applications to determine how we will be extending your existing irrigation system. Again, if there is no existing system, the slope will need to be watered by hand. She will be coordinating with you with regards to what type of plant materials and trees will be planted on the slope that CHII is transferring to you. If you have any concems or would like anything further clarified please contact me at 619-336-3673 or Constance Clover at 619-336-3648. Sincerely, CALAVERA HILLS II, LLC By: McMillin Companies, LLC AGREED: Brian J. Milich Senior Vice President ends: Copy ofMareh 10, 2003 letter Insurance certificate endorsement Date: cc: Constance Clover Mike Grim, City of Carlsbad Frank Jimeno, City of Carlsbad Michael Holzmiller, City ofCarlsbad Katie Jacobsen, Hecht Solberg H:\data\rdr\FILES\CAROL\ChIl_Cape at Calavera Hills Homeowner Letter (05-27-03)2.DOC226753-2 ^ A*. " The Corky McMillin Companies Realty • Mortgage • Land Developmenl • Homes • Commercial May 22, 2003 The Cape at Calavera Hills Homeowners Association Board of Directors 1930 South Coast Highway, Suite 110 Oceanside, CA 92054-6466 Attention: Ms. Bonny Bmner Subject: Calavera Hills Village E-l/Cape Interface Dear Ms. Bmner, As you are aware, we have been working with the Cape homeowners who own property adjacent to the boundary between the Cape and Calavera Hills Village E-1 in order to address how the improvements and maintenance should occur in the area between Village E-1 and the Cape. Ofthe ten property owners we have signed letters "Agreeing to terms" fi"om nine stating their concurrence with the work outlined in our March 10, 2003 letter and which we are currently doing (see enclosed copies) We are still attempting to obtain the signature of the remaining property owner. Additionally, seven of the ten owners have signed the boundary adjustment applications required by the City of Carlsbad (see enclosed copies). It was our understanding, given the previous board's support, that the HOA is willing to authorize the removal of the existing drainage ditch and replacement with a 6" pipe as outlined in our letter dated March 10, 2003. We have been informed by the City that we must obtain written concurrence fi'om the HOA to continue the work which we have started. If such written authorization is not provided, we have been informed by the City that we will be required to remove the pipe and reinstall the drainage ditch on the HOA lots. We respectfully request that this matter be voted upon at the Board meeting of May 29, 2003. The City has also requested that we provide written confirmation that the HOA is willing to accept the maintenance of the slope adjacent to the HOA lots. If the HOA does not accept this maintenance, our future Village E-1 HOA will be responsible for the maintenance. Our letter ofMareh 10, 2003 stated that we expressly reserved the right not to proceed with the boundary adjustment and fence relocation if there was not unanimous agreement among the affected homeowners. However, we may, subject to City direction, continue to process the boundary adjustments with those homeowners who have given their consent. It should be noted that the City allowed us to begin processing those boundary adjustments under the premise all of the affected homeowners had given or would give AV AVV AV AV AVV McMUlin Realty McMillin Mortgage McMiUin Land Development McMillin Homes McMiUin Commercial Corporate Office • 2727 Hoover Avenue • National City, CA 91950 • Tel (619) 477-4117 • Fax (619) 336-3119 • www.mcmillin.com H:\data\eiignring\DMITCHEL\WORD\CHII_Cape letter rc HOA auttiorization doc their consent. The City is in control of determining if they will allow the boundary adjustments to be completed with or without all of affected property owners. It is my understanding that the Board is meeting on May 29, 2003. If our attendance is requested, we would be glad to have a representative there. Please let me know. My direct line is 619-336-3673. Sincerely, CALAVERA HILLS H, LLC by: McMillin Companies, LLC Don Mitchell Vice-President ends: Copies of signed "Agreed to terms" letters Copies of signed Boundary Adjustment plats Authorization form cc: Brian Milich Constance Clover Mike Grim, City of Carlsbad Frank Jimeno, City of Carlsbad Michael Holzmiller. City ofCarlsbad Katie Jacobsen, Hecht Solberg Ratification file H.\data\engiiring'DMJTCHEL\WORD\Cmi_Cape letler re HOA aulhorizalion doc AUTHORIZATION FROM THE CAPE AT CALAVERA HILLS HOMEOWNERS ASSOCIATION TO CALAVERA HILLS II, LLC The Cape at Calavera Hills Homeowners Association (HOA) will allow Calavera Hills II, LLC (CHII) to do the following work: 1. Remove the existing drainage ditch (brow ditch) and install a 6" drainage pipe and inlets on HOA lots as shown on the attached drawing. 2. Extend the HOA's irrigation system to irrigate the new slope created by the grading of Village E-1 shown in yellow on the attached drawing. 3. Remove the existing wooden fences that are parallel to the northem boundary of the Cape and extend the side yard fences up to the new 6 foot masonry wall being built by CHII. The HOA's share ofthe side yard fence extensions will be paid by CHII. The HOA agrees to accept a maintenance easement firom CHII, or it's assigns, which will allow the HOA to maintain the area shown as yellow on the attached drawing. CHII will: 1. Indemnify and hold harmless the HOA, its officers, directors, and members from any and all claims (including, but not limited to, mechanics' and similar liens), demands, costs (including reasonable attomey's fees and attomey's out-of-pocket expenses), losses, liabilities, and obligations made against or incurred by HOA arising out of or in coimection with the exercise, performance, or non- performance by CHII of its rights or obligations under this authorization, except to the extent caused by the negligence or misconduct of HOA or its officers, directors, members, or employees. The obligations of this paragraph shall, as to events occurring before termination, survive any termination ofthis authorization. 2. CHII shall obtain and maintain insurance protecting CHII and HOA fi-om liability resulting from the exercise or performance by CHII of its rights or obligations under this authorization, as follows: (i) the insurance policy shall be a general liability insurance policy in the amount not less that one million dollars ($1,000,000) per occurrence for personal injury or property damage; (ii) the insurance policy shall name HOA and HOA's professional management company as additional insured's; (iii) a certificate of insurance evidencing the insurance policy, together with a copy of the endorsement naming HOA and HOA's professional management as additional insureds, if applicable, shall be delivered to HOA before entry onto the HOA property pursuant to this authorization; (iv) the policy and certificates shall require at least ten (10) days' prior written notice be given to HOA before cancellation; and (v) a renewal certificate for the policy H:\data\engnring\DMITCHEL\WORD\CHII_Capc letler re HOA authorization.doc 1 shall be delivered to HOA not less than thirty (30) days before expiration ofthe term of the policy. THE CAPE AT CALAVERA HILLS HOMEOWNERS ASSOCIATION Date: By_ By_ Brian Milich, Senior Vice President CALAVERA HILLS II, LLC Date: By: McMillin Companies, LLC H:\data\engnring\DMITCHEL\WORD\CHII Cape letter re HOA authorization.doc 7 03/li'/20B3 15:00 7608396Faa^ RYAN CARTER _ PAGE 91 '(5 Al McMillin Land Development A Corky McMiilln Company *• i\0 March 10, 2003 , ^0 Charles Carter Shiaolan Carter 2988 Ridgefield Avenue Carlsbad, CA 92008 RE: CALAVERA HILLS VILLAGE E-1 AND CAFE PROPERTY OWNERS MEETING Dear Homeowner(s); This letter is to sunamarize what was discussed in our meeting ofMareh 4, 2003. 1. It was discussed that the state law had changed as of January 1, 2003 regarding boundary adjustment plats. Prior to January 1, 2003 a boundary adjustment plat had no restrictions on how many lots could be included in an adjustment plat. In discussions with the city's project engineer, Frank Jimeno (760-602-2758) it has been determined that we could achieve the same process by processing multiple boundary adjustment plats (4 or 5). The boundary adjustments would be prepared and submitted to the city for processing and approval. 2. The new masonry wall and columns (pilaster) have been adjusted to be constructed completely within what would be the Village E-1 boundary after the adjustment. T-bis- -^yeuld ollow fe^fitepair of t he w all t o b e p erfonmed from t he V illage E-1 s ide a nd would not require an easemenl from the Cape property owners. There would be a small strip of land south of the wall and north of the adjusted property line which would be maintained by the Cape property owners with an easement that will be given by Calavera Hills, LLC (Cape) to the Cape property owners. 3. The wall to be constructed by Calavera will be a tan split face masonry block wall, 6' (six feet) tall. A masonry block column (pilaster) will be constructed at the property comer extensions for each property. 4. The new property line will be located at the top of a slope that slopes downwards to the Cape properties. The toe of slope will be on what is the current property line between Calavera and the Cape property owners. 5. The existing brow ditch will be removed and replaced with a 6" to 8" pipe. Each lot will receive a gxated drainage inlet that will capture drainage from the Cape properties rear yards and the downward slope area. The Cape at Calavera Hills Homeowner Association (Cape HOA) lots will also receive a grated inlet which will serve as a cleanout to allow cleaning of the drain line by the Cape HOA on an as needed basis (an annual inspection should be done). The drainage pipe will not be serviced or maintained by Calavera or the Village E-1 HOA. AV AW AV M AV McMtUln Realty McMillin Mortgage McMilUn Land Devdopment McMillin Homts McMlUln Conttntrosl CORPORATE OFRCE 2727 HOOVER AVENUE NATIONAL CITY CA S1950 TEL (619) 477-4117 FAX (618) 33«-3112 ww -ncmilLn com H:\data\rdr\Ftl,F,5;\CAROI.\rVin-r,snc letler of iinHer'itanflincrtoc 03/13,'2003 15:00 7608396532 RYAN CARTER ^ PAGE 02 6. The downward slope will be landscaped in accordance with the City of Carlsbad Landscape M anual (Chapter IV.E). A copy o f this was handed o ut during the meeting and it indicted the types of landscaping to be installed which is determined by the height of slope. 7. Trees will be placed on a lot by lot basis. A tree list was handed out during the meeting and it is agreed that 15 gallon trees will be planted on the slope at a spacing no closer than is recommended by the landscape architect. 8. Irrigation of the slope will be the responsibility of the Cape property owners. An irrigation system will be extended by Calavera if an existing systera already exists within the rear yard of the Cape property owner. If no irrigation system exists, the slope will have to be manually watered by the Cape property owner, 9. It was agreed that, if desired by the common property owners, the common side yard fence would be replaced with a new fence at the expense of the common property owners. It was agreed that Calavera's responsibility would only be to extend the fence from its current ending location (firom the existing rear fence) to the new adjusted property line (top of slope). A metal fence post will be placed adjacent to the column and will leave only a very narrow gap between the column and the metal post. The new fence will attach to this post. 10. Once the landscaping has been established, and all walls and fencing installed, the existing rear fence on the Cape properties will be removed. 11. The boundary adjustment transfer could cause a reassessment from the County Tax Assessor. In conversations with Bob Baker, appraiser out of the County's San Marcos office, he indicated that additions of this nature are generally assigned a token value and added to the existing assessment value. Mr. Baker's phone number is 760-940-6842. You should confirm the above information from him directly as Calavera makes no representation regarding any reassessment. 12. The deeds transferring the property to the Cape property owners would have the following restrictions: • That the integrity of the slope can not be compromised by lack of maintenance or undermining by excavation in the area ofthe slope. • No structure or improvement will be attached directly to the masonry wall or column. • That the adjusted piece of land will be subject to the Declarations of Covenants, Conditions and Restrictions that apply to the current Cape properties. 13. This solution is intended to be applied to all ofthe adjacent Cape property owmers (except Cape HOA lots). We reserve the right to not do any ofthe above if there is not a unanimous agreement or if any of the Cape property owners fail to comply with the agreement. 14. The above will be formalized by an agreement letter prepared by Calavera that must be signed by all of the adjacent Cape property owners indicating there agreement to the above and that they will sign the city required applications. All fees associated with these applications will be paid by Calavera. 15. If a Cape property owner is to be sold or transferred prior to the boundary adjustment being finalized, the new buyer needs to enter into an assumption 03 •003 15:00 760839652ii^ RYAN CARTER ^^^^^ PAGE 03 With r egards t o t he t wo (2) C ape H OA 1 ots, the i mprovements 1 isted above w ould b e applied to the HOA lots. However the Cape HOA would only accept an easement from Calavera to maintain the downward slope and the face of the masonry wall (for graffiti removal) Enclosed for your use is a copy of the 11x17 drawing that was distributed at the meeting with your lot hi-lited. If you have any questions, please call me at 619-336-3673. If the above is agreeable to you please sign the return copy where indicated and retum in the enclosed envelope by March 17, 2003. Sincerely, CALAVERA HILLS, LLC by: McMillin Companies, LLC Terms stated above are agreed Don Mitchell Vice President McMillin Land Development Address cc: Cape HOA c/o Bruner and Rossi-Attn: Helen Yakely John Hecht, Hecht, Solberg, Robinson & Goldberg Jay Hansen, Epsten, Grinnell & Howell Brian Milich Constance Clover Dale Gleed, Brookfield Homes Mike Gnm, City of Carlsbad Frank Jimeno, City of Carlsbad Ratification file (Cal II) end. With r egards t o t he t wo (2) C ape H OA 1 ots, t he i mprovements 1 isted a bove w ould b e applied to the HOA lots. However the Cape HOA would only accept an easement from Calavera to maintain the downward slope and the face of the masonry wall (for graffiti removal) Enclosed for your use is a copy ofthe 11x17 drawing that was distributed at the meeting with your lot hi-lited. If you have any questions, please call me at 619-336-3673. If the above is agreeable to you please sign the retum copy where indicated and retum in the enclosed envelope by March 17, 2003. Sincerely, CALAVERA HILLS, LLC by: McMillin Companies, LLC Terms stated above are agreed. Address: Don Mitchell Vice President McMillin Land Development cc: Cape HOA c/o Bmner and Rossi-Attn: Helen Yakely John Hecht, Hecht, Solberg, Robinson & Goldberg Jay Hansen, Epsten, Grinnell & Howell Brian Milich Constance Clover Dale Gleed, Brookfield Homes Mike Grim, City of Carlsbad Frank Jimeno, City of Carlsbad Ratification file (Cal II) end. P \r^rtriimpnrc anri ^f.ttinCT<:\rhnnrl\l oral 9ptf inociTpmnnrarv Intprnpt Fi!pc\OI V. 1 ?\Piiii-Panp Ipttpr r»f iinHprcfanHino Hn All McMillin Land Development A Corky McMillm Company March 7, 2003 Elizabeth Harrison 4527 Hartford Place Carisbad, CA 92008 RE: CALAVERA HILLS VILLAGE E-1 AND CAPE PROPERTY OWNERS MEETING Dear Homeowner(s): This letter is to summarize what was discussed in our meeting ofMareh 4, 2003. 1. It was discussed that the state law had changed as of January 1, 2003 regarding boundary adjustment plats. Prior to January 1, 2003 a boundary adjustment plat had no restrictions on how many lots could be included in an adjustment plat. In discussions with the city's project engineer, Frank Jimeno (760-602-2758) it has been determined that we could achieve the same process by processing multiple boundary adjustment plats (4 or 5). The boundary adjustments would be prepared and submitted to the city for processing and approval. 2. The new masonry wall and columns (pilaster) have been adjusted to be constmcted completely within what would be the Village E-1 boundary after the adjustment. T his w ould a How for r epair o f t he w all t o b e p erformed from t he Village E-1 side and would not require an easement from the Cape property owners. There would be a small strip of land south of the wall and north of the adjusted property line which would be maintained by the Cape property owners v.'ith an easement that will be given by Calavera Hills, LLC (Calavera) to the Cape property owners. 3. The wall to be constmcted by Calavera will be a tan spiit face masonry block wall, 6' (six feet) tall. A masonry block column (pilaster) will be constmcted at the property comer extensions for each property. 4. The new property line will be located at the top of a slope that slopes downwards to the Cape properties. The toe of slope will be on what is the curtent property line between Calavera and the Cape property owners. 5. The existing brow ditch will be removed and replaced with a 6" to 8" pipe. Each lot will receive a grated drainage inlet that will capture drainage from the Cape properties rear yards and the downward slope area. The Cape at Calavera Hills Home Owners Association (Cape HOA) lots will also receive a grated inlet which will serve as a cleanout to allow cleaning of the drain line by the Cape HOA on an as needed basis (an annual inspection should be done). The drainage pipe will not be serviced or maintained by Calavera or the Village E-1 HOA. AV AV AV AV AV McMillin Realty McMillin Mortgage McMiUin Land Development McMillin Homes McMillin Commercial CORPORATE OFFICE 2727 HOOVER AVENUE NATIONAL CITY, CA 91950 TEL (619) 477-4117 FAX (619) 336-3112 www.mcmillin.com P Arinriimpntc anH 9ptrinac\rhnnH\T oral 'sPt-tinoc\Tpmnnrarv Intprnpt Filpc:\nT \C 1 '?\Phn-Panp Ipttpr nf itnHprctanHino Hnf 6. The downward slope will be landscaped in accordance with the City of Carlsbad Landscape M anual (Chapter IV.E). A c opy o f t his w as h anded o ut d uring t he meeting and it indicted the types of landscaping to be installed which is determined by the height of slope. 7. Trees will be placed on a lot by lot basis. A tree list was handed out during the meeting and it is agreed that 15 gallon trees will be planted on the slope at a spacing no closer than is recommended by the landscape architect. 8. Irrigation of the slope will be the responsibility of the Cape property owners. An irrigation system will be extended by Calavera ifan existing system already exists within the rear yard of the Cape property owner. If no irrigation system exists, the slope will have to be manually watered by the Cape property owner. 9. It was agreed that, if desired by the common property ov.'ners, the common side yard fence would be replaced with a new fence at the expense of the common property owners. It was agreed that Calavera's responsibility would only be to extend the fence from its current ending location (from the existing rear fence) to the new adjusted property line (top of slope). A metal fence post will be placed adjacent to the column and will leave only a very narrow gap between the column and the metal post. The new fence will attach to this post. 10. Once the landscaping has been established, and all walls and fencing installed, the existing rear fence on the Cape properties will be removed. 11. The b oundary adjustment t ransfer could c ause a r eassessment f rom t he C ounty Tax Assessor. In conversations with Bob Baker, appraiser out of the County's San Marcos office, he indicated that additions of this nature are generally assigned a token value and added to the existing assessment value. Mr. Baker's phone number is 760-940-6842. You should confirm the above information from him directly as Calavera makes no representation regarding any reassessment. 12. The deeds transferring the property to the Cape property owners would have the following restrictions: • That the integrity of the slope can not be compromised by lack of maintenance or undennining by excavation in the area ofthe slope. • No stmcture or improvement will be attached directly to the masonry wall or column. " That the adjusted piece of land v.dll be subject to the Declarations of Covenants, Conditions and Restrictions that apply to the current Cape properties. 13. This solution is intended to be applied to all of the adjacent Cape property owners (except Cape HOA lots). We reserve the right to not do any ofthe above if there is not a unanimous agreement or if any of the Cape property owners fail to comply with the agreement. 14. The above will be formalized by an agreement letter prepared by Calavera that must be signed by all of the adjacent Cape property owners indicating there agreement to the above and that they will sign the city required applications. All fees associated with these applications will be paid by Calavera. 15. If a Cape property owner is to be sold or transferred prior to the boundary adjustment being finalized, the new buyer needs to enter into an assumption Agreement stating they understand what has been previously agreed to by the current owner. C:\Documents and Settings\cbond\Local Settings\Temporary Intemet Files\OLK12\ChII-Cape letter of With r egards t o t he t wo ( 2) C ape H OA 1 ots, t he i mprovements 1 isted a bove w ould b e applied to the HOA lots. However the Cape HOA would only accept an easement from Calavera to maintain the downward slope and the face of the masonry wall (for graffiti removal) Enclosed for your use is a copy of the 11x17 drawing that was distributed at the meeting with your lot hi-lited. If you have any questions, please call me at 619-336-3673. Ifthe above is agreeable to you please sign the retum copy where indicated and retum in the enclosed envelope by March 17, 2003. Sincerely, CALAVERA HILLS, LLC by: McMillin Companies, LLC Don Mitchell Vice President McMillin Land Development Terms stated above are agreed to: Address: ^Xl cc: Cape HOA c/o Bmner and Rossi-Attn: Helen Yakely John Hecht, Hecht, Solberg, Robinson & Goldberg Jay Hansen, Epsten, Grinnell & Howell Brian Milich Constance Clover Dale Gleed, Brookfield Homes Mike Grim, City of Carlsbad Frank Jimeno, City of Carlsbad Ratification file (Cal II) end. P \nAriimpnt<: nnri *spttlnoc\rhnnH\I cic-A ^pttino<:\Tpmnnrarv Intprnpt Filp<:\ni kf 1 ?\PhII-Panp Ipttpr nf iinHprctanHino Hn ^ MRR-17-2003 14:46 CONEXRNT . 949 5796211 P.01/04 Al McMillin Land Development A Coi'ky McMillm Company March 7, 2003 Jeff Kuester 2986 Ridgefield Avenue Carlsbad, CA 92008 RE: CALAVERA HILLS VILLAGE E-1 AND CAPE PROPERTY OWNERS MEETING Dear Homeowner(s): This letter is to summanze what was discussed in our meeting ofMareh 4, 2003. 1. It was discussed that the state law had changed as of January 1, 2003 regarding boundary adjustment plats. Prior to January 1, 2003 a boundary adjustment plat had no restnctions on how many lots could be included in an adjustment plat. In discussions with the city's project engineer, Frank Jimeno (760-602-2758) it has been determined that we could achieve the same process by processing multiple boundary adjustment plats (4 or 5). The boundary adjustments would be prepared and submitted to the city for processing and approval. 2. The new masonry wall and columns (pilaster) have been adjusted to be constructed completely within what would be the Village E-1 boundary after the adjustment. T his w ould a How f or repair o f t he w all t o b e p erformed from t he Village E-1 side and would not require an easemenl from the Cape property owners. There would be a small strip of land south of the wall and north of the adjusted property line which would be maintained by the Cape propezly owners with an easement that will be given by Calavera Hills, LLC (Calavera) to the Cape property owners. 3. The wall to be constrticted by Calavera will be a tan split face masonry block wall, 6' (six feet) tall. A masonry block column (pilaster) will be conslruciied at the property comer extensions for each property. 4. The new property line will be located at lhe top of a slope that slopes downwards to the Cape properties. The toe of slope will bc on what is the current property line between Calavera and the Cape property owners. 5. The existing brow ditch will bc removed and replaced with a 6" to 8" pipe. Each lot will receive a grated drainage inlet that will capture dramage from the Cape properties rear yards and the downward slope area. The Cape at Calavera Hills Home Owners Association (Cape HOA) lots will also receive a grated inlet v^^hich will serve as a cleanout to allow cleaning of the drain line by the Cape HOA on an as needed basis (an annual inspection should be done). The drainage pipe will not be serviced or maintained by Calavera or tlic Village E-1 HOA. Al Al AV Al AVV McMiUin Realty ivfrMillin Mortgage McMUlin Land DcvdoptTKiIt McMillin Hnmux Mcr^illui ConunarW CORPORATE OFFICE 2727 HOOVER AVENUE NATIONAL CITY. t:A 91950 TEL 1518) 4/7-4117 FAX (619) 33fi-3112 wwwmcmilun com P-\riAp.,,*»p,ilc flr\.t <:.'riii»o«\rhr^nH\r Ar»] ^prT]noc\Trmiinrarv Tnrprnpr Filp^\r'H K 1 7\r'hll-r'jinr Iprtrr nt'iinHcTTtnnHinR rinr MRR-17-2003 14:47 CONEXRNT 949 5796211 P.02/04 c 6. The downward slope will be landscaped in accordance with the City of Carlsbad Landscape M anual (Chapter IV.E). A copy of this w as handed out dunng the meeting and it indicted the types of landscaping to be installed which is detennined by the height of slope. 7. Trees will be placed on a lol by lot basis. A tree list was handed out during the meeting and it is agreed that 15 gallon trees will be planted on the slope at a spacing no doser than is reconmiended by the landscape architect. 8. Irrigation ofthe slope will be the responsibility of the Cape property owners. An imgation system will be extended by Calavera if an existing system already exists within thc rear yard ofthe Capo property owncr. If no imgation system exists, thc slope will have to be manually watered by the Cape property owner. 9- It was agreed that, if desired by the common propeily owners, the common side yard fence would be replaced with a new fence a t the expense of the common property owners. It was agreed that Calavera's responsibihty would only bc to extend the fence from its curreni ending location (from the existing rear fence) to thc new adjusted property line (top of slope). A metal fence post will be placed adjacent to the column and will leave only a very narrow gap between the colurmi and the meial post. The new fence will attach lo this post. 10. Once the landscaping has been established, and all walls and fencing installed, thc existing rear fence on the Cape properties will be removed- 11. The boundary adjustment transfer could cause a reassessment from thc County Tax Assessor. In conversations with Bob Baker, appraiser out of the County's San Marcos office, hc indicated lhal additions of this nature are generally assigned a token value and added to the existing assessment value. Mr. Baker's phone number is 760-940-6842. You should confirm the above information from him directly as Calavera makes no representation regarding any reassessment. 12. The deeds transferring the property to the Cape property owners would have the following restrictions: • That tiie integrity of the slope can not be compromised by lack of maintenance or undermining by excavation in the area ofthe slope. • No stnicture or improvement will bc attached dircctiy to thc masonry wall or column. • That the adjusled piece of land will be subject to the Declarations of Covenants, Conditions and Restrictions that apply to the current Cape properties. 13. This solution is intended to be applied to all of the adjacent Cape property owners (except Cape HOA lots). We reserve the rigiit to not do any of the above if therc is not a unanimous agreement or if any of the Cape property owners fail to comply with the agreement. 14. The above will be fomialized by an agreement letter prepared by Calavera that must be signed by all of the adjacent Cape property owners indicating there agreement to thc above and thai Ihcy will sign thc city required applications. All fees associated with these applications will be paid by Calavera. 15. If a Cape property owner is to be sold or transferred prior to the boundary adjustment being finalized, the new buyer needs lo enter into an assumption Agreement stating they understand what has been previously agreed to by the current owner. ..nt*. :,n,t <i,.| (inwv\r-honH\I firnl SrrTlnrt<;\Trninnrnrv InTrrnrf F^l^c^m K ] l\rhT\-Ctn>r Irltrr rtf tm. l.-i-CTan/lino A.u- nfiR-17-2003 14:47 CONEXANT 949 5796211 P.03/04 Witii r egards t o t he t wo ( 2) C ape H OA 1 ots, t he i mprovements 1 isted a bove w ould b e applied to the HOA lots. However the Cape HOA would only accept an easement from Calavera to maintain the downward slope and the face of the masonry wall (for graffiti removal) Enclosed for your use is a copy ofthe 11x17 drawing lhal was distributed at the meeting with your lot hi-lited. If you have any questions, please call me at 619-336-3673. If the above is agreeable to you please sign the retum copy where indicated and retum in the enclosed envelope by March 17, 2003. Sincerely, CALAVERA HILLS, LLC by: McMillin Companies, LLC Don Mitchell Vice President McMillin Land Development Terms stated abftve are agreed to: By:< Address: lA CArO^V^i^ C4- IZf^ V cc: Cape HOA c/o Bruner and Rossi-Attn: Helen Yakely John Hecht, Hecht, Solberg, Robinson & Goldberg Jay Hansen, Epsten, Griimell & Howell Brian Milich Constance Clover Dale Gleed, Brookfield Homes Mike Grim, CityofCarlsbad Frank Jimeno, City ofCarlsbad Ratification file (Cal II) end. V \r^rtpi>nipntc »n/1 <:rrf inoc\phrtnrl\I r\rW ^pttmoc\Tpmnr\r«rv Intrrnrf FilpfsVOI V 1 7\rVitI-Pm>r Irtrr-r nf iinHr'r<:raiiHino rtnr c o All McMillin Land Development A Corky McMillm Company ^ March 7, 2003 Bernice Hill 2984 Ridgefield Avenue Carisbad, CA 92008 RE: CALAVERA HILLS VILLAGE E-1 AND CAPE PROPERTY OWNERS MEETING Dear Homeowner(s): This letter is to summarize what was discussed in our meeting ofMareh 4, 2003. 1. It was discussed that the state law had changed as of January 1, 2003 regarding boundary adjustment plats. Prior to January 1, 2003 a boundary adjustment plat had no restrictions on how many lots could be included in an adjustment plat. In discussions with the city's project engineer, Frank Jimeno (760-602-2758) it has been determined that we could achieve the same process by processing multiple boundary adjustment plats (4 or 5). The boundary adjustments would be prepared and submitted to the city for processing and approval. 2. The new masonry wall and columns (pilaster) have been adjusted to be constmcted completely within what would be the Village E-1 boundary after the adjustment. T his would allow for repair of the wall to be performed from the Village E-1 side and would not require an easement from the Cape property owners. There would be a small strip of land south of the wall and north of the adjusted property line which would be maintained by the Cape property owners with an easement that will be given by Calavera Hills, LLC (Calavera) to the Cape property owners. 3. The wall lobe constructed b y Calavera will bea tan split face masonry block wall, 6' (six feet) tall. A masonry block column (pilaster) will be constmcted at the property comer extensions for each property. 4. The new property line will be located al the top of a slope that slopes downwards to the Cape properties. The toe of slope will be on what is the current property line between Calavera and the Cape property owners. 5. The existing brow ditch will be removed and replaced with a 6" to 8" pipe. Each lot will receive a grated drainage inlet that will capture drainage from the Cape properties rear yards and the downward slope area. The Cape al Calavera Hills Home Owners Association (Cape HOA) lots will also receive a grated inlet which will serve as a cleanout to allow cleaning of the drain line by the Cape HOA on an as needed basis (an annual inspection should be done). The drainage pipe will not be serviced or maintained by Calavera or the Village E-1 HOA. Al AV AV AV AV McMillin Realty McMillin Mongage McMillin Land Development McMillin Homes McMillin Commercial CORPORATE OFFICE 2727 HOOVER AVENUE NATIONAL CITY, CA 91950 TEL (619) 477-4117 FAX (619) 336-3112 www mcmillin com r" \r>nr,iimpntc nnrt S:ptfinoc\rhAnrf\T oral *\pftino<:\TpmnArnrv Intprnpt Ftlpc\nT V I 7\PhIT-PanP tpftpr cf nn/tprctanHino finr 6. The downward slope will be landscaped in accordance with the City of Carlsbad Landscape M anual (Chapter IV.E). A c opy o f t his w as h anded o ut d uring t he meeting and it indicted the types of landscaping to be installed which is determined by the height of slope. 7. Trees will be placed on a lot by lol basis. A tree list was handed oul during the meeting and il is agreed that 15 gallon trees will be planted on the slope at a spacing no closer than is recommended by the landscape architect. 8. Irrigation of the slope will be the responsibility of the Cape property owners. An irrigation system will be extended by Calavera if an exisling system already exists within the rear yard of the Cape property owner. If no irrigation system exists, the slope will have lo be manually watered by the Cape property owner. 9. It was agreed that, if desired by the common property owners, the common side yard fence would be replaced with a new fence at the expense of the common property owners. It was agreed that Calavera's responsibility would only be to extend the fence from its curreni ending location (from the exisling rear fence) to the new adjusted property line (top of slope). A metal fence post will be placed adjacent to the column and will leave only a very narrow gap between the column and the metal post. The new fence will attach to this post. 10. Once the landscaping has been established, and all walls and fencing installed, the existing rear fence on the Cape properties will be removed. 11. The boundary adjustment transfer could cause a reassessment from the Counly Tax Assessor. In conversations with Bob Baker, appraiser out of the County's San Marcos office, he indicated that additions of this nature are generally assigned a token value and added to the exisling assessment value. Mr. Baker's phone number is 760-940-6842. You should confirm the above information from him directly as Calavera makes no representation regarding any reassessment. 12. The deeds transfening the property lo the Cape property owners would have the following restrictions: • That the integrity of the slope can not be compromised by lack of mainlenance or undermining by excavation in the area of the slope. • No stmcture or improvement will be attached directly to the masonry wall or column. • That the adjusted piece of land will be subject to the Declarations of Covenants, Conditions and Restrictions that apply to the cunent Cape properties. 13. This solution is inlended to be applied to all ofthe adjacent Cape property owners (except Cape HOA lots). We reserve the right to not do any of the above if there is not a unanimous agreement or if any of the Cape property owners fail to comply with the agreement. 14. The above will be formalized by an agreemeni letter prepared by Calavera lhal must be signed by all of the adjacent Cape property owners indicating there agreement to the above and lhat they will sign the city required applications. All fees associated with these applications will be paid by Calavera. 15. If a Cape property owner is to be sold or transfened prior lo the boundary adjustment being finalized, the new buyer needs to enter into an assumption Agreement stating they undersland what has been previously agreed lo by the cunent owner. P \nnriirnpnt<; anH *sPttinoc\rhnnH\I nral 9ptf ino<:\Tpmnnrarv IntPrnPt Filp<:\ni K J 7\PhII-Panp IpttPr nf unHprctanHino Hnr Wilh regards lo the two (2) Cape HOA lots, the improvements listed above would be applied to the HOA lots. However the Cape HOA would only accept an easemenl from Calavera to maintain the downward slope and the face of the masonry wall (for graffiti removal) Enclosed for your use is a copy ofthe 11x17 drawing lhat was distributed at the meeting with your lot hi-lited. If you have any questions, please call me at 619-336-3673. If the above is agreeable to you please sign the retum copy where indicated and return in the enclosed envelope by March 17. 2003. Sincerely, CALAVERA HILLS, LLC by: McMillin Companies, LLC Don Mitchell Vice President McMillin Land Development Terms staled above are agreed lo: By: Address: <^/''^'7^ cc: Cape HOA c/o Bmner and Rossi-Attn: Helen Yakely John Hecht, Hecht, Solberg, Robinson & Goldberg Jay Hansen, Epsten, Grinnell & Howell Brian Milich Constance Clover Dale Gleed, Brookfield Homes Mike Grim, City of Carisbad Frank Jimeno, City of Carlsbad Ratification file (Cal II) end. P-\nnriimpntc anH 'spttino<;\rhnnH\I nral Spttinoi;\Tpmnnrarv Intpmpt FIIPC\01 k" 1'JVPhTT-Panp Iptlpr nf nnHprstanHino Hnr Al McMillin Land Development A Corky McMillin Company March 7, 2003 Keith Kennedy 2980 Ridgefield Place Carlsbad, CA 92008 RE: CALAVERA HILLS VILLAGE E-1 AND CAPE PROPERTY OWNERS MEETING Dear Homeowner(s): This letter is to summarize what was discussed in our meeting ofMareh 4,2003. 1. It was discussed that the state law had changed as of January 1, 2003 regardmg boundary adjustinent plats. Prior to January 1, 2003 a boundary adjustment plat had no restrictions on how many lots could be included in an adjustment plat. In discussions with the city's project engineer, Frank Jimeno (760-602-2758) it has been determined that we could achieve the same process by processing multiple boundary adjustment plats (4 or 5). The boundary adjustments would be prepared and submitted to the city for processing and approval. 2. The new masonry wall and columns (pilaster) have been adjusted to be constmcted completely within what would be tiie Village E-1 boundary after the adjustment. T bis w ould a How f or r epair 0 f t he w all t o b e p erformed from t he Village E-1 side and would not require an easement from the Cape property owners. There would be a small strip of land south of the wall and north of the adjusted property line which would be maintained by the Cape property owners with an easement that will be given by Calavera Hills, LLC (Calavera) to the Cape property owners. 3. The w all 10 b e constrticted b y C alavera w ill b e a t an s piit f ace m asonry block wall, 6' (six feet) tall. A masonry block column (pilaster) will be constmcted at the property comer extensions for each property. 4. The new property line will be located at the top of a slope that slopes downwards to the Cape properties. The toe of slope will be on what is the current property line between Calavera and the Cape property owners. 5. The existing brow ditch will be removed and replaced with a 6" to 8" pipe. Each lot will receive a grated drainage inlet that will capture drainage from the Cape properties rear yards and the downward slope area. The Cape at Calavera Hills Home Owners Association (Cape HOA) lots will also receive a grated inlet which will serve as a cleanout to allow cleaning ofthe drain line by the Cape HOA on an as needed basis (an annual inspection should be done). The drainage pipe will not be serviced or maintained by Calavera or the Village E-1 HOA. AV AV AV AV M McMUlin B«lty McMillin Mortpgc McMiUin Land Developmenl McMllUn Hornet McMillin CoinjiieKial CORPORATE OFFICE 2727 HOOVER AVENUE NATIONAL CITY, CA 91950 TEL (613) •'Tr-i 117 FAX (SIS) 336-3112 V«(M( mcminin.com r ••\rv.riimpnt« onit <;pf(ino«\r>ion>1M nral <;<>tliooj\T»mnnrprv InlrrnpT Fil»<\r>l \C \ 7\rhlt-r"i>r\r l<-tt»r nf imH»r<;r!m<<ina ttrv k3j/Zd/^k3HJ J.j:bb /'ba/'JW32bb BROWN PAGE 03 f c o 6. The downward slope will be landscaped in accordance with the City of Carlsbad Landscape M anual (Chapter IV.E). A c opy o f t his w as h anded o ut d uring t he meeting and it indicted the types of landscaping to be installed which is detennined by the height of slope. 7. Trees will be placed on a lot by lot basis. A tree list was handed out during the meeting and it is agreed that 15 gallon trees will be planted on the slope at a spacing no closer than is recommended by the landscape architect. 8. Irrigation oftiie slope will be tiie responsibihty of the Cape property owners. An irrigation system will be extended by Calavera if an existing system already exists witiain the rear yard of the Cape property owner. If no irrigation system exists, the slope will have to be manually watered by the Cape property owner, 9. It was agreed that, if desired by the coinmon property owners, the common side yard fence would be replaced with a new fence at the expense of the common property owners. It was agreed that Calavera's responsibility would only be to extend the fence from its current ending location (fh)m the existing rear fence) to the new adjusted property line (top of slope). A metal fence post will be placed adjacent to the column and will leave only a very narrow gap between the column and the metal post. The new fence will attach to this post. 10. Once tiie landscaping has been established, and all walls and fencing installed, the existing rear fence on the Cape properties will be removed. 11. The b oundary adjustment t ransfer could c ause a r eassessment f rom t he C ounty Tax Assessor. In conversations with Bob Baker, appraiser out of the County's San Marcos office, he indicated tiiat additions of this nature are generally assigned a token value and added to the existing assessment value. Mr. Baker's phone number is 760-940-6842. You should confirm the above information from him directly as Calavera makes no representation regarding any reassessment. 12. The deeds transferring the property to the Cape property owners would have the following restrictions: • That the integrity of the slope can not be compromised by lack of m aintenance or undennining by excavation in the area of the slope. • No stmcture or improvement will be attached directly to the masonry wall or column. • That the adjusted piece of land will be subject to tiie Declarations of Covenants, Conditions and Restrictions that apply to the current Cape properties. 13. This solution is intended to be applied to aU of tiie adjacent Cape property owners (except Cape HOA lots). We reserve the right to not do any of the above if tiiere is not a unanimous agreement or if any of the Cape property owners fail to comply with the agreement. 14. The above will be formahzed by an agreement letter prepared by Calavera that must be signed by all of the adjacent Cape property owners indicating there agreement to tiie above and that they will sign the city required applications. All fees associated with these applications will be paid by Calavera. 15. If a Cape property owner is to be sold or transferred prior to the boundary adjustinent being finalized, the new buyer needs to enter into an assumption Agreement stating they understand what has been previously agreed to by the current owner. r \nnriimpntc fnA <trrTin<7e\rhrwl<)M nr*\ ^prTin»c\Trmc»nr»r>/ Intr-mcr Filr8\ni V I 7\rhtlJ~Br»- Irttpr r,f iir\rt»«lj.oHino Anr K)j/za/^at3J u: Da /bU/JUJzlDb bKUWN HAUL M4 With r egards t o t he t wo (2) C ape H OA 1 ots, the i mprovements 1 isted above w ould b e applied to tiie HOA lots. However the Cape HOA would only accept an easement from Calavera to maintain tiie downward slope and the face of the masonry wall (for graffiti removal) Enclosed for your use is a copy of the 11x17 drawing that was distributed at the meeting with your lot hi-lited. If you have any questions, please call me at 619-336-3673. Ifthe above is agreeable to you please sign the return copy where indicated and retum in the enclosed envelope by March 17,2003. Sincerely, CALAVERA HILLS, LLC by: McMillin Companies, LLC Terms stated above are agreed to: By: ^ / Address: ^-'^Ifo y^N-^g.Fv<Va \KM<~ Don Mitchell Vice President ClArV5>ft°s<\^ C-(^- ^l.e>c>V McMillin Land Development cc: Cape HOA c/o Bmner and Rossi-Attn: Helen Yakely John Hecht, Hecht, Solberg, Robinson & Goldberg Jay Hansen, Epsten, (jrinnell & Howell Brian Milich Constance Clover Dale Gleed, Brookfield Homes Mike Grim, City of Carlsbad Frank Jimeno, City ofCarlsbad Ratification file (Cal II) end. r \rVirnmenl« anW <I»rtinp«\rhnnH\I nr^l <!rtTinoc\Trmnnran, lr>trmpr Filpc\rvl V I -ISrM^jTnnr Irtrrr nf iinrHonon/l.n. rin MAR 20 Z003 With r egards t o t he I wo (2) C ape H OA 1 ots, I he i mprovements 1 isted a bove w ould b e applied to the HOA lots. However the Cape HOA would only accept an easement from Calavera to maintain the downward slope and the face of the masonry wall (for graffiti removal) Enclosed for your use is a copy ofthe 11x17 drawing that was distributed at the meeting with your lot hi-lited. If you have any questions, please call me at 619-336-3673. If the above is agreeable to you please sign the retum copy where indicaled and retum in the enclosed envelope by March 17, 2003. Sincerely, CALAVERA HILLS, LLC Terms stated above are agreed to: by: McMillin Companies, LLC ~^ <a. "7—P ^ By: J^^iY]^ j] a.-^ / Address: 'JX ^ fS' f^jjlf^jddj Don Mitchell ~ ~, 0// Vice President CUJ^^-U ^ C. Pt ^ McMillin Land Development cc: Cape HOA c/o Bmner and Rossi-Attn: Helen Yakely John Hecht, Hecht, Solberg, Robinson & Goldberg Jay Hansen, Epsten, Grinnell & Howell Brian Milich Constance Clover Dale Gleed, Brookfield Homes Mike Grim, Cily ofCarlsbad Frank Jimeno, City of Carlsbad Ratification file (Cal II) end. i T:.\ \r\j 1 -^v/^un ;aa3 05:43 7G07383256 BROWN PAGE 02 Al McMillin Land Development A CorVy McMillin Company ^ March 7, 2003 Vera Theiss 2974 Ridgefield Avenue Carlsbad, CA 92008 RE: CALAVERA HILLS VILLAGE E-1 AND CAPE PROPERTY OWNERS MEETING Dear Homeowner(s): This letter is to summarize what was discussed in our meeting ofMareh 4,2003. 1. It was discussed that the state law had changed as of January 1, 2003 regarding boundary adjustment plats. Prior to January 1, 2003 a boundary adjustment plat had no restrictions on how many lots could be included in an adjustment plat. In discussions with the city's project engineer, Frank Jimeno (760-602-2758) it has been detennined that we could achieve the same process by processing multiple boundary adjustment plats (4 or 5). The boundary adjustments would be prepared and submitted to the city for processing and approval. 2. The new masonry wall and columns (pilaster) have been adjusted to be constmcted completely within what would be the ViUage E-1 boundary after the adjustment. T his w ould a How f or r epair o f t he w all t o b e p erformed f rom t he Village E-1 side and would not require an easement from the Cape property owners. There would be a small strip of land south of the wall and north of the adjusted property line which would be maintained by the Cape property owners with an easement that will be given by Calavera Hills, LLC (Calavera) to the Cape property owners. 3. The wall to be constructed by Calavera will be a tan spht face masonry block wall, 6' (six feet) tall. A masonry block column (pilaster) will be constmcted at the property comer extensions for each property. 4. The new property line will be located at the top of a slope that slopes downwards to the Cape properties. The toe of slope will be on what is the current property line between Calavera and the Cape property owners. 5. The existing brow ditch will be removed and replaced with a 6" to 8" pipe. Each lot will receive a grated drainage inlet that will capture drainage from the Cape properties rear yards and the downward slope area. The Cape at Calavera Hills Home Owners Association (Cape HOA) lots will also receive a grated inlet which will serve as a cleanout to allow cleaning of the drain line by the Cape HOA on an as needed basis (an annual inspection should be done). The drainage pipe will not be serviced or maintained by Calavera or the Village E-1 HOA. AV AV AV M Ak McMUUn Really McMUlin Motive McMiUin Land Development McMillin Homes McMiUin Cororoiercial CORPORATE OFFICE 2727 HOOVER AVENUE NATIONAL CITY, CA 919S0 TEL (619) 477.4117 FAX (819) 336-3112 vnvw.fncmillm COm P-\T~iririir«^nt^ anH !5prTinoa\phnr,rf\I nr«! ^*t5»rio^\TpmnnrBrv Intpmpr Filp,<\nr I9\pmi.p(,n* Iprrrr r\f unrtpr^tunHtno rirtr UJ/-.^i/2BUJ Ub:4M /bk3/dad^5b bKUWN PAGE 03 6. The downward slope will be landscaped in accordance with the City of Carlsbad Landscape M anual (Chapter IV.E). A c opy o f t his w as h anded o ut d uring t he meeting and it indicted the types of landscaping to be installed which is determined by the height of slope. 7. Trees wtil be placed on a lot by lot basis. A tree hst was handed out during the meeting and it is agreed that 15 gallon trees will be planted on the slope at a spacing no closer than is recommended by the landscape architect. 8. Irrigation of the slope will be the responsibility of the Cape property owners. An irrigation system will be extended by Calavera ifan existing system already exists within the rear yard of the Cape property owner. If no irrigation system exists, the slope will have to be manually watered by the Cape property owner. 9. It was agreed that, if desired by the common property owners, the common side yard fence would be replaced with a new fence at the expense ofthe common property owners. It was agreed that Calavera's responsibility would only be to extend the fence from its current ending location (from the existing rear fence) to the new adjusted property line (top of slope). A metal fence post will be placed adjacent to the column and will leave only a very narrow gap between the column and the metal post. The new fence will attach to this post. 10. Once the landscaping has been estabhshed, and all walls and fencing installed, the existing rear fence on the Cape properties will be removed. 11. The b oundary adjustment t ransfer could c ause a reassessment from t he C ounty Tax Assessor. In conversations with Bob Baker, appraiser out of rhe County's San Marcos office, he indicated that additions of this nature are generally assigned a token value and added to the existing assessment value. Mr. Baker's phone number is 760-940-6842. You should confirm the above infonnation from him directly as Calavera makes no representation regarding any reassessment. 12. The deeds transferring the property to tiie Cape property owners would have the following restrictions: • That the integrity of the slope can not be compromised by lack of maintenance or imdermining by excavation in the area of the slope. • No stmcture or improvement will be attached directly to the masonry wall or column. • That the adjusted piece of land will be subject to the Declarations of Covenants, Conditions and Restrictions that apply to the current Cape properties. 13. This solution is intended to be applied to all of the adjacent Cape property owners (except Cape HOA lots). We reserve the right to not do any ofthe above if there is not a unanimous agreement or if any of the Cape property owners fail to comply witii the agreement. 14. The above will be formalized by an agreement letter prepared by Calavera that must be signed by all of the adjacent Cape property owners indicating there agreement to the above and that tiiey will sign tiie city required applications. AH fees associated with these applications will be paid by Calavera. 15. If a Cape property owner is to be sold or transfened prior to the boundary adjustment being finalized, the new buyer needs to enter into an assumption Agreement stating they understand what has been previously agreed to by the cunent owner. r'ArViniTnpntR anil <:»lrtno.irhonftM nrol <;rtTino«\Temnr,r»r.v Inrpmpl Filp«\ri? If 1 7\rmi.ror.- Iptipr nfimrtpnTanriir,!, rlrw- 03/21/2003 0&:40 7607303256 BROWN PAGE 04 With r egards t o t he t wo (2) C ape H OA 1 ots, t he i mprovements 1 isted above w ould b e appHed to the HOA lots. However the Cape HOA would only accept an easement from Calavera to maintain the downward slope and the face of the masonry wall (for graffiti removal) Enclosed for your use is a copy of the 11x17 drawing that was distributed at the meeting with your lot hi-lited. If you have any questions, please call me at 619-336-3673. If the above is agreeable to you please sign the retum copy where indicated and return in the enclosed envelope by March 17, 2003. Sincerely, CALAVERA HILLS, LLC by: McMillin Companies, LLC Terms stated above are agreed to: Bv: yrt <rj~-oLzA^^ Address: ^f^^ ^ LQ^^-QnJUL A/^ Don Mitchell ' ^ Vice President rU.^/^^4.V /o2 Oi? f C^- McMillin Land Development / cc: Cape HOA c/o Bruner and Rossi-Attn: Helen Yakely John Hecht, Hecht, Solberg, Robinson & Goldberg Jay Hansen, Epsten, Grinnell & Howell Brian Milich Constance Clover Dale Gleed, Brookfield Homes Mike Grim, City of Carlsbad Frank Jimeno, City of Carlsbad Ratification file (Cal II) end. oo/zi/ziaaj t3b:aa /bM/3M3^!3B BROWN PAGE 05 Al McMiUin Land Development A Cortcy McMillin Company ^ March 7,2003 Eva Brown 2976 Ridgefield Avenue Carlsbad, CA 92008 RE: CALAVERA HILLS VILLAGE E-1 AND CAPE PROPERTY OWNERS MEETING Dear Homeowner(s): This letter is to summarize what was discussed in our meeting ofMareh 4, 2003. 1. It was discussed that the state law had changed as of January 1, 2003 regarding boundary adjustment plats. Prior to January 1, 2003 a boundary adjustment plat had no restrictions on how many lots could be included in an adjustment plat. In discussions with the city's project engineer, Frank Jimeno (760-602-2758) it has been determined that we could achieve the same process by processing multiple boundary adjustment plats (4 or 5). The boundary adjustments would be prepared and submitted to the city for processing and approval. 2. The new masonry wall and columns (pilaster) have been adjusted to be constmcted completely within what would be the Village E-1 boundary after the adjustment. T his w ould a llow for r epair o f t he w all t o b e p erformed from t he Village E-1 side and would not require an easement from the Cape property owners. There would be a small strip of land south of the wall and nortii of the adjusted property line which would be maintained by the Cape property owners with an easement that will be given by Calavera Hills, LLC (Calavera) to the Cape property owners. 3. The wall to be constmcted by C alavera wiH be a tan split face masonry block wall, 6' (six feet) tall. A masonry block column (pilaster) will be constructed at the property comer extensions for each property. 4. The new property line will be located at the top of a slope that slopes dovmwards to the Cape properties. The toe of slope will be on what is the current property line between Calavera and the Cape property owners. 5. The existing brow ditch will be removed and replaced with a 6" to 8" pipe. Each lot will receive a grated drainage inlet that wiH capture drainage firom the Cape properties rear yards and the downward slope area. The Cape at Calavera Hills Home Owners Association (Cape HOA) lots will also receive a grated mlet which will serve as a cleanout to allow cleaning of the drain line by the Cape HOA on an as needed basis (an annual inspection should be done). The drainage pipe will not be serviced or maintained by Calavera or the Village E-1 HOA. Mi. iiK AW AV AW McMiUin Realty McMUUn Moneage McMUUn Land Development McMUUn Homes McMiUtn Commercial CORPORATE OFFICE 2727 HOOVER AVENUE NATIONAL CITY, CA 91950 TEL (613) «77-«1l7 FAX (619) 336-3112 W»««.mcrmllif1 com r\nnriimpnrc anH <;(>Tline>«\r->>nn(tVI nr»\ <;»H;ni.<\Tpmi,r>rnrv rmrmrt Filrs\nt Kl'>\rM\-C nrv lonor iinri«r<lsinr(m» <^or MJ/Zi/.itjoj Ub: ia ^'ba/'3a32bb BROWN 'PAGE 06 6. The downward slope will be landscaped in accordance with the City of Carlsbad Landscape M anual (Chapter IV.E). A c opy o f this w as handed out during the meeting and it indicted the types of landscaping to be instaHed which is detennined by the height of slope. 7. Trees wiH be placed on a lot by lot basis. A ti-ee list was handed out during tiie meeting and it is agreed that 15 gallon trees wiH be planted on the slope at a spacing no closer than is recommended by the landscape architect. 8. Irrigation of the slope will be the responsibility of the Cape property owners. An irrigation system will be extended by Calavera if an existing system already exists within the rear yard of the Cape property owner. If no irrigation system exists, the slope will have to be manually watered by the Cape property owner. 9. It was agreed that, if desired by the common property owners, the common side yard fence would be replaced with a new fence at the expense of the comnian property owners. It was agreed that Calavera's responsibility would only be to extend the fence from its cunent ending location (from the existing rear fence) to the new adjusted property line (top of slope). A metal fence post will be placed adjacent to the column and will leave only a very narrow gap between the column and the metal post. The new fence will attach to this post. 10. Once the landscaping has been established, and all walls and fencing instaHed, tiie existing rear fence on the Cape properties will be removed. 11. The b oundary adjustinent t ransfer could c ause a r eassessment from t he C ounty Tax Assessor. In conversations with Bob Baker, appraiser out of the County's San Marcos office, he indicated that additions of this nature are generally assigned a token value and added to the existing assessment value. Mr. Baker's phone number is 760-940-6842. You should confirm the above information from him directly as Calavera makes no representation regarding any reassessment. 12. The deeds transferring the property to the Cape property owners would have the following restrictions: • That the integrity of the slope can not be compromised by lack of maintenance or undermining by excavation in the area ofthe slope. • No stmcture or improvement will be attached directly to the masonry wall or column. • That the adjusted piece of land will be subject to the Declarations of Covenants, Conditions and Restrictions that apply to tiie current Cape properties. 13. This solution is intended to be applied to all of the adjacent Cape property owners (except Cape HOA lots). We reserve the right to not do any of the above if there is not a unanimous agreement or if any of the Cape property owners fail to comply with the agreement. 14. The above will be formalized by an agreement letter prepared by Calavera that must be signed by all of the adjacent Cape property owners indicating there agreement to the above and that they will sign the city required applications. All fees associated with these applications will be paid by Calavera. 15. If a Cape property owner is to be sold or b-ansfened prior to the boundary adjustment being finalized, the new buyer needs to enter into an assumption Agreement stating they understand what has been previously agreed to by the current owner. f"'\l*>i-»ri»mrnf^ pnrt Slm?nafl\rhnnrt\I oral <;pf!inoc\T^mnr»rar\i Int^m^ Pil»>.«\ni lc \ '^\(^'h1^^f^r^^ Iptfrr ofnnrfrr^tpnHirx' Hnr I OCJ I ooo^uo o With r egards t o t he t wo (2) C ape H OA 1 ots, t he i mprovements 1 isted a bove w ould b e applied to the HOA lots. However the Cape HOA would only accept an easement from Calavera to maintain the downward slope and the face of the masonry wall (for graffiti removal) Enclosed for your use is a copy ofthe 11x17 drawing that was distributed at tiie meeting with your lot hi-lited. If you have any questions, please call me at 619-336-3673. If the above is agreeable to you please sign the retum copy where indicated and retum in tiie enclosed envelope by March 17,2003. Sincerely, CALAVERA HILLS, LLC by: McMillin Companies, LLC Don Mitchell Vice President McMillin Land Development Tcr Address: cc: end. Cape HOA c/o Bmner and Rossi-Attn: Helen Yakely John Hecht, Hecht, Solberg, Robinson & Goldberg Jay Hansen, Epsten, Grinnell & Howell Brian Milich Constance Clover Dale Gleed, Brookfield Homes Mike Grim, City of Carlsbad Frank Jimeno, City of Carlsbad Ratification file (Cal II) r \Donimpnt« anH <;»»<n<.5\r>innrt\l nr»l Rpninps\T»m»inr«rv Inlpmrl Fil«\ni Jf n\rh!I.rat>» Irttpr nf nnrlrrtMrHino Anr 760-736-1200 SDRC SflN MARCOS With r egards t o the two (2) C ape H OA 1 ots, the i mprovements 1 isted above would b e applied to the HOA lots. However the Cape HOA would only accept an easement from Calavera to maintain the downward slope and the face of the masonry wall (for graffiti removal) Enclosed for your use is a copy of the 11x17 drawing that was distributed at the meeting with your lot hi-lited. If you have any questions, please caH me at 619-336-3673. Ifthe above is agreeable to you please sign the retum copy where indicated and retum in the enclosed envelope by March 17,2003. Sincerely, CALAVERA HILLS, LLC by: McMillin Companies, LLC Don Mitchell Vice President McMillin Land Development Terms stated above are agreed to: Bv. CM^/yAr^*^^^ Address: cc: Cape HOA c/o Bruner and Rossi-Attn: Helen Yakely John Hecht, Hecht, Solberg, Robinson & Goldberg Jay Hansen, Epsten, Grinnell & Howell Brian Milich Constance Clover Dale Gleed, Brookfield Homes Mike Grim, City ofCarlsbad Frank Jimeno, City of Carlsbad Ratification file (Cal II) end. f'Al'inriimrnrM atiH v;rrrin(rt;\rhr»nd\I nf'al ,*ipTfino5\TVmnr<rarv InTpmrl Filrclfll 1 7\f-hn./"anr tpnrrnf nnrirraTflniiino Hnr 0 WNER/APPLICANT: PARCEL "A" CALAVERA HILLS II LLC. A CALIFORNIA LIMITED LIABILITY COMPANY 2727 HOOVER AVE. NATIONAL CITY. CA. 91950 (619) 477-4117 BY: MCMILLIN COMPANIES, LLC, A DELAWARE LIMITED LIABILITY COMPANY OF OCEANSID DON mCHELL OWNERS: PARCEL ELIZABETH C. HARRISON 4527 HARTFORD PLACE CARLSBAD. TEL NO. BY: ELIZABETH G. HARRISON CITVl OF CARLjSBApl ^/LAKE ^ CALAVERAS PROJECT SITE VICINITY MAP NOT TO SCALE PARCEL "C' PAMELA S. GLOVER 4526 HARTFORD PLACE CARLSBAD. TEL NO. . BY: PAMELA S. GLOVER PARCEL "D' VERA M. THEISS 2974 RIDGEFIELD AVENUE CARLSBAD.^ 92008 TEL NO. _ BY: VERA M. THEISM LEGAL DESCRIPTION ALL OF PARCEL MAP NO. 16233 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY SEPTEMBER 21. 1990 AS FILE NO. 90-518471 OF OFFICIAL RECORDS. IN THE CITY OF CARLSBAD. COUNTY OF SAN DIEGO. STATE OF CALIFORNIA TOGETHER WITH LOTS 6. 12 AND 21 OF CARLSBAD TRACT NO. 81-47. THE CAPE AT CALAVERA HILLS UNIT NO. 1. IN THE CITY OF CARLSBAD. COUNTY OF SAN DIEGO, STATE OF CAUFORNIA, ACCORDING TO MAP THEREOF NO. 10565 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. JANUARY 17, 1983. DAVID W. AMBLER EXP. 12/31/05 L.S. 7233 R:\0196\ScMAP\BA Ceri of Comp 1 SHT Ol.DWGf 189l]May-08-2003 W.O. 1941-42 ADJUSTMENT PLAT-CITY OF CARLSBAD EXHIBIT "B SHEET 7 OF 4 NO. 03-06 APPLICANT: MCMILUN COMPANIES 2727 HOOVER AVE NATIONAL CITY, CA. 91950 PREPARED BY: HUNSAKER tt ASSOCIATES 10179 HUENNEKENS ST. SAN DIEGO. CA. 92121 (858) 558-4500 BA Cert of Comp I SHT 01.DWG APPROVED BY: A.P.N.: 168-041-08 LLOYD B. HUBBS CTTY ENGINEER RCE 238B9 REG. Na EXP. 12/31/2005 167-451-06 167-451-12 DATE 167-451-21 0 WNER/APPLICANT: PARCEL "A" CALAVERA HILLS II LLC, A CALIFORNIA LIMITED LIABILITY COMPANY 2727 HOOVER AVE. NATIONAL CITY, CA. 91950 (619) 477-4117 BY: MCMILLIN COMPANIES, LLC. A DELAWARE LIMITED LIABILITY COMPANY, kCITY OF OCEANSIDE- CITW^F CARQSBAD I DON MITChELL^ OWNERS: PARCEL BERNICE C. HILL TRUSTEE OF THE BERNICE C. HILL REVOCABLE TRUST 2984 RIDGEFIELD AVENUE CARLSBAD, TEL NO --//LAKE CALAVERAS PROJECT SITE BY: /^J^nt^tr^jw^ BERNICE C. HILL PARCEL "C" VICINITY MAP NOT TO SCALE JEFFREY KUESTER 2986 RIDGEFIELD AVENUE CARLSBAD, CA. 92008 TEL NO. _Z2i5L-_SJ802L- LEGAL DESCRIPTION THAT PORTION OF PARCEL MAP NO 16233 FILED SEPTEMBER 21, 1990, DESCRIBED AS PARCEL "A" IN CERTinCATE OF COMPLIANCE NO. 03-07. IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO. STATE OF CALIFORNIA, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY 2003 AS FILE NO. 2003- OF OFFICIAL RECORDS. TOGETHER WITH LOTS 25 AND 26 OF CARLSBAD TRACT NO. 81-47, THE CAPE AT CAlAVERA HILLS UNIT NO. 1. IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CAUFORNIA. ACCORDING TO MAP THEREOF NO. 10565 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. JANUARY 17, 1983. DAVID W. AMBLER L.^. 7233 DAVID W. AMBLER EXP. 12/31/05 R:\0196\&Map\BA Cert of Comp J SHT Ol.DWGf 1891]May-08-2003 W.O. 1941-42 ADJUSTMENT PLAT-CITY OF CARLSBAD EXHIBIT "B" SHEET 7 OF J NO. 03-08 APPLICANT: MCMILLIN COMPANIES 2727 HOOVER AVE NATIONAL CITY. CA. 91950 PREPARED BY: HUNSAKER * ASSOCIATES 10179 HUENNEKENS ST. SAN DIEGO, CA. 92121 (858) 558-4500 BA CERT OF COUP 3 SHT 01.DWG APPROVED BY: A.P.N.: 168-041-08 uxtfD a. HUBBS cmr ENGINEER RCE 23689 REB. NO. EXP. 12/31/2005 167-451-25 167-451-26 DATE 0 WNER/APPLICANT: PARCEL "A" CALAVERA HILLS II LLC. A CALIFORNIA LIMITED LIABILITY COMPANY 2727 HOOVER AVE NATIONAL CITY. CA. 91950 (619) 477-4117 BY: MCMILLIN COMPANIES, LLC, A DELAWARE UMITED UABIUTY COMPANY. ^ _ OF QCEANSIDE- CIT-^fOF CARLjSBApl BY-BY: OWNERS: PARCEL "B" CHARLES RYAN CARTER AND SHIAO LAN CARTER 2988 EAST RIDGEFIELD AVENUE CARLSBAD, CA 92008 TEL NO. ^/CAKE CALAVERAS PROJECT SITE DON MITISHELL , Sei^N Hiucrt, s.v.fi. BY: CHARLES CARTER VICINITY MAP NOT TO SCALE ilAO LAN CARTER PARCEL "C" BARBARA ALLYN STROTHER 2990 RIDGEFIELD AVENUE CARLSBAD, CA. 92008 TEL NO. BY: BARBARA ALLYN LEGAL DESCRIPTION THAT PORTION OF PARCEL MAP NO. 16233 FILED SEPTEMBER 21, 1990. DESCRIBED AS PARCEL "A" IN CERTIFICATE OF COMPUANCE NO. 03-08. IN THE CITY OF ARLSBAD. COUNTY OF SAN DIEGO. STATE OF CALIFORNIA. RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY 2003 AS FILE NO. 2003- OF OFFICIAL RECORDS. TOGETHER WITH LOTS 27 AND 28 OF CARLSBAD TRACT NO. 81-47. THE CAPE AT CALAVERA HILLS UNIT NO. 1. IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. ACCORDING TO MAP THEREOF NO. 10565 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, JANUARY 17, 1983. DAVID W. AMBLER EXP. 12/31/05 s/e/o3 LS 7253 Ml-, ii R:\0196\3cMap\BA Cert of Comp 4 SHT 01.DWG[ 189l]May-08-2003 W.O. 1941-42 ADJUSTMENT PLAT-CITY OF CARLSBAD EXH/B/7 B SHEET 1 OF 5 NO. 03-09 APPLICANT: MCMILUN COMPANIES 2727 HOOVER AVE NATIONAL CITY, CA. 91950 PREPARED BY: HUNSM:ER & ASSOCIATES 10179 HUENNEKENS ST. SAN DIEGO, CA 92121 (858) 558-4500 BA CERT OF COMP 4 SHT Ol.DWG APPROVED BY: AP.N. 168-041-08 LLOYD a. HUBBS CfTY ENGINEER RCE 23889 REG. NO. EXP. 12/31/2005 167-451-27 167-451-28 mz Al McMillin Land Development A Corky McMillin Company •*• March 10, 2003 Charles Carter Shiaolan Carter 2988 Ridgefield Avenue Carlsbad, CA 92008 RE: CALAVERA HILLS VILLAGE E-1 AND CAPE PROPERTY OWNERS MEETING Dear Homeowner(s): This letter is to summarize what was discussed in our meeting ofMareh 4, 2003. I. 2. 4. 5. It was discussed that the stale law had changed as of January I, 2003 regarding boundary adjustment plats. Prior lo January 1, 2003 a boundary adjustment plat had no restrictions on how many lots could be included in an adjustment plat. In discussions with the city's project engineer, Frank Jimeno (760-602-2758) il has been deiermined lhat we could achieve the same process by processing multiple boundary adjustment plats (4 or 5). The boundary adjustments would be prepared and submitted to the city for processing and approval. The new masonry wall and columns (pilaster) have been adjusted lo be constructed completely wilhin what would be the Village E-1 boundary afler the adjustment. This would a How f or r epair of t he w all t o b e p erformed f rom I he V illage E-1 s ide a nd would nol require an easement from the Cape property owners. There would be a small strip of land south of the wall and north of the adjusted property line which would be maintained by the Cape property owners with an easement that will be given by Calavera Hills, LLC (Cape) lo the Cape property owners. The wall lo be constructed by Calavera wiil be a tan split face masonry block wail, 6' (six feet) tall. A masonry block column (pilaster) will be construcied at the property comer extensions for each property. The new property line will be located at the top of a slope lhat slopes downwards to the Cape properties. The toe of slope will be on what is the cunent property line between Calavera and the Cape property owners. The existing brow ditch will be removed and replaced wilh a 6" lo 8" pipe. Each lol will receive a grated drainage inlet that will capture drainage from the Cape properties rear yards and the downward slope area. The Cape at Calavera Hills Homeowner Association (Cape HOA) lots will also receive a grated inlet which will serve as a cleanout to allow cleaning of the drain line by the Cape HOA on an as needed basis (an annual inspection should be done). The drainage pipe will not be serviced or maintained by Calavera or the Village E-1 HOA. Al Al Ai Al Ai McMiUin Realty McMUlin Mongage McMillin Land Development McMillin Homes McMillm Comniercial CORPORATE OFFICE 2727 HOOVER AVENUE NATIONAL CiTY, CA 91950 TEL (619) 4771117 FAX (619) 336-3112 www mcmillin com H:\Hata\rdr\FII,F,S\rAROI,\rhTl-rane lener of iitider'it.^ndine doc 6. The downward slope will be landscaped in accordance with the City of Carlsbad Landscape M anual (Chapter IV.E). A c opy o f t his w as h anded o ut d uring t he meeting and it indicted the types of landscaping to be installed which is determined by the height of slope. 7. Trees will be placed on a lot by lol basis. A tree list was handed out during the meeting and it is agreed that 15 gallon trees will be planted on the slope at a spacing no closer than is recommended by the landscape architect. 8. Irrigation of the slope will be the responsibility of the Cape property owners. An inigation system will be extended by Calavera if an existing system already exists within the rear yard of the Cape property owner. If no irrigation system exists, the slope will have to be manually watered by the Cape property owner. 9. It was agreed lhat, if desired by the common property owners, the common side yard fence would be replaced with a new fence at the expense of the common property owners. It was agreed that Calavera's responsibility would only be lo extend the fence from its cunent ending location (from the existing rear fence) to the new adjusted property line (top of slope). A metal fence post will be placed adjacent to the column and will leave only a very nanow gap between the column and the metal post. The new fence will attach to this post. 10. Once the landscaping has been established, and all walls and fencing installed, the existing rear fence on the Cape properties will be removed. 11. The b oundary adjustment transfer could c ause a reassessment from the C ounty Tax Assessor. In conversations with Bob Baker, appraiser oul of the County's San Marcos office, he indicated that additions of this nature are generally assigned a token value and added lo the existing assessment value. Mr. Baker's phone number is 760-940-6842. You should confirm the above information from him directly as Calavera makes no representation regarding any reassessment. 12. The deeds transferring the property lo the Cape property owners would have the following restrictions: • That the integrity of the slope can nol be compromised by lack of maintenance or undermining by excavation in the area ofthe slope. • No struciure or improvement will be attached directly to the masonry wall or column. • That the adjusled piece of land will be subject to the Declarations of Covenants, Condilions and Restrictions that apply to the cunent Cape properties. 13. This solution is intended to be applied to all of the adjacent Cape property owners (except Cape HOA lots). We reserve the right lo nol do any ofthe above if there is not a unanimous agreement or if any of the Cape property owners fail to comply with the agreement. 14. The above will be formalized by an agreement letter prepared by Calavera that musl be signed by all of the adjacent Cape property owners indicating there agreemeni to the above and that they will sign the cily required applications. All fees associated with^theSdsapplications will be paid by Calavera. 15. If a Cape propertv o\vner ]s to be sold or transferred prior to the boundary adjustment being ntjalizgii/the new buyer needs to enter into an assumption P \nnriimpntc anri *spttino<;\rhnnH\I nral <spttinoc\Tpmnnrarv Intpmrt Filp(:\ril 1 7\PhIT-Panp Irttpr of iinHprctan^lino Hf>r With r egards t o t he t wo (2) C ape H OA 1 ots, t he i mprovements 1 isted a bove w ould b e applied lo the HOA lots. However the Cape HOA would only accept an easement from Calavera to mainlain the downward slope and the face of the masonry wall (for graffiti removal) Enclosed for your use is a copy ofthe 11x17 drawing that was distributed at the meeting with your lot hi-lited. If you have any questions, please call me al 619-336-3673. If the above is agreeable to you please sign the retum copy where indicated and return in the enclosed envelope by March 17,2003. Sincerely, CALAVERA HILLS, LLC by: McMillin Companies, LLC / Address: Don Mitchell Vice President McMillin Land Development cc: Cape HOA c/o Bruner and Rossi-Attn: Helen Yakely John Hecht, Hecht, Solberg, Robinson & Goldberg Jay Hansen, Epsten, Grinnell & Howell Brian Milich Constance Clover Dale Gleed, Brookfield Homes NUi^^^f City of Carisbad Frank Jimeno, City ofCarlsbad Ratification file (Cal II) end. Terms staled above are agreed to: By: P \r~lnriimpnt<: anH ^Pttinoc\rhnnft\I nral *Cprtinoc\Tpmnnrarv Intprnpt Fi!p<;\ni k" 1 9\Phn-Panp Ipttpr nf imHprctanHino Hnr Barbara Strother 2990 Ridgefield Avenue Carlsbad, CA 92008 o Jeff Kuester 2986 Ridgefield Avenue Carlsbad, CA 92008 Keith Kennedy 2980 Ridgefield Place Carlsbad, CA 92008 Eva Brown 2976 Ridgefield Avenue Carlsbad, CA 92008 Pamela Grover 4526 Hartford Place Carlsbad, CA 92008 Vera Theiss 2974 Ridgefield Avenue Carlsbad, CA 92008 • Bernice Hill 2984 Ridgefield Avenue Carlsbad, CA 92008 Tom and Jill Nash 2978 Ridgefield Avenue Carlsbad, CA 92008 Elizabeth Harrison 4527 Hartford Place Carlsbad, CA 92008 Charles Carter Shiaolan Carter 2988 Ridgefield Place Carlsbad, CA 92008 The attached letter was sent to all addresses listed. Ai McMiUin Land Developmen A Corky McMillin Company 2727 Hoover Avenue National City, CA 91950 Telephone (619)336-3138 Fax (619) 336-3596 LETTER OF TRANSMITTAL VIA: DATE: TO: CC: FROM: RE: US Mail January 20, 2003 Mike Grimm Cily ofCarisbad 1635 Faraday Avenue Carlsbad, CA 92008 Brian Milich Calavera Hills WE ARE ENCLOSING THE FOLLOWING: 9 Sample letter sent to The Cape at Calavera Hills HOA and ten residents with Agreement for signatures WE REQUEST THE FOLLOWING: REMARKS: Al McMillin Land Development A Corky McMillin Company January 20, 2003 Ms. Helen Yakely The Cape at Calavera Hills Homeowners Association 1930 S. Coast Hwy., Suite 110 Oceanside, CA 92054-6466 Subject: Calavera Hills Village E-1/Cape Interface Agreement Dear Ms. Yakely: As you are aware, we have been working with the Cape homeowners who own property adjacent to the boundary between the Cape and Calavera Hills Village E-1 in order to address how the improvements and maintenance should occur in the area between Village E-1 and the Cape. To that end, you should have received a copy ofthe attached agreement from The Cape Homeowner's Association for your review and approval. This agreement addresses how the fencing on your property would be extended, and also how a maintenance easement would be established across a portion of the Village E-1 property. Some of you have already signed the agreement and, therefore, no further action is necessary at this time. If you have not signed the agreement and have questions, we would be glad to meet with you (either individually or as a group) to discuss any questions or concems that you may have. As the agreement indicates, we would need substantially all ofthe owners of the property between Village E-1 and the Cape to sign the agreement in order to implement its provisions. This is necessary in order to ensure that adequate maintenance and appropriate drainage in the area between the two communities occurs. If there is not a desire to implement the provisions ofthe agreement, we will observe the cunent property line and no changes to the fencing or maintenance would occur. Please contact Constance Clover (619-336-3648) to let us know if you will be signing the agreement, or if you would like to schedule a meeting to discuss the agreement in more detail. Thank you. Sincerely, Calavera Hills II, LLC Brian J. Milich Senior Vice President Enc. Ai Ai Ai Ai Ai McMiUin Realty McMUlin Mortgage McMUlin Land Development McMiUin Homes McMUlin Cominercial CORPORATE OFFICE 2727 HOOVER AVENUE NATIONAL CITY, CA 91950 TEL (619) 477-4117 FAX (619) 336-3112 www mcmillin com AGREEMENT The Cape at Calavera Hills and Calavera Hills II, LLC As a homeowner of property located at «StreetAddress», Carlsbad, Califomia, I agree with the proposed plan to remove the wood fence at the north side of my property and to allow Calavera Hills II, LLC ("Calavera") to extend the fences on both sides of my property to terminate at a post adjacent to the masonry wall to be constructed at the top of the slope within Village E-1. ll is understood that Calavera will attempt to malch material style and color of my existing fence. I understand that, although I will not own the property in question, this will effectively extend the usable area in my rear yard. I also agree with the proposed plan to remove the existing concrete tenace drain across the rear of my property and to replace it with an underground pipe and grated inlets in approximately the same location as the concrete tenace drain. I understand that the maintenance of the inlet and the portion of the pipe system on my property will be my responsibility, not the responsibility of The Cape at Calavera Hills Homeowners Association or Calavera. I also agree to allow Calavera Hills II, LLC (or its successors in interest) access Ihrough my property, from time-to-time as reasonably necessary, to maintain the masonry wall at the perimeter of Village E-1. Such access shall require at least twenty-four hour (24 hr.) advance notification except in the case of an emergency. It may require me to unlock a gate near in the side yard fence at the top slope to pennit such access. To the extent this or any ofthe above agreements will require a document that must be recorded against title to my property to give nolice to and to be binding on any successors in interest in my property, I also agree that I will sign such a recorded document to allow Calavera access and maintenance righls for the masonry wall. I also agree to accept a maintenance easement from Calavera which will contain indemnification language for work performed on the property of Calavera (or their successors in interest). I undersland that all or substantially all the owners along Ridgefield Avenue, who own property adjacent to Village E-1, must agree to sign and participate in this agreement before it will be implemented by Calavera. Homeowner Date <FirstName» «LastName> Homeowner Date <FirstName» «LastName> The Cape at Calavera Hills Homeowners Association January 20, 2003 Elizabeth Harrison 4527 Hartford Place. Carisbad, CA 92008 Vera Theiss 2974 Ridgefield Avenue. Carisbad, CA 92008 Tom and Jill Nash 2978 Ridgefield Avenue. Carisbad, CA 92008 (760) 434-7089 (760) 434-8857 (760) 729-2570 Pamela Glover 4526 Hartford Place (760) 434-9783 hm Carisbad, CA 92008 (760) 736-1200 wk Eva Brown 2976 Ridgefield Avenue (760) 707-1904 hm Carlsbad, CA 92008 (619) 615-0500 wk Keith Kennedy 2980 Ridgefield Avenue (760) 720-6056 Carisbad, CA 92008 (760) 720-0246 Bemice Hill 2984 Ridgefield Avenue. Carisbad, CA 92008 Charles Ryan and Shiao Lan Carter 2988 Ridgefield Avenue (760) 434-7426 Carisbad, CA 92008 Jeff and Mary Kuester 2986 Ridgefield Avenue (760) 720-3822 hm Carisbad, CA 92008 (760) 845-7756 wk Barbara Strother 2990 Ridgefield Avenue (760) 729-9189 Carisbad, CA 92008 GORDON M. FRENCH January 13, 2003 Mr. Mike Grimm, Senior Planner Planning Department CityofCarlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Dear Mike, Allow me to introduce myself. 1 am president of the Cape At Calavera Hills HOA. In my capacity with the HOA I have been in continuous contact with various representatives of McMillin land development and building company with respect to their development of properties adjacent to the Cape. Specifically, I would like to address a situation relating to ongoing negotiations between McMillin and the Cape HOA with regard to plans for best use of the strip of land between the border of Village E-1 and the Cape. There have been a series of open meetings with McMillin representatives. Cape homeowners and the HOA legal advisor during which various altematives for use of the strip of land have been evaluated. The homeowners adjacent to Village E-1 have been offered the opportunity to extend their property to the Village E-1 wall with all costs for fencing, sprinkler extension and replacement of an existing open drainage ditch with an underground pipe to be paid by McMillin. The HOA endorses this offer. As you are aware, there is one homeowner in the group who, for reason(s) unknown to the HOA, opposes this offer and is making a concerted effort to scuttle McMiUin's offer. I corresponded with Brian Milich, McMillin VP today and he requested that I forward a copy of my correspondence to you. Attachment 1. is my transmittal letter to Brian covering Attachment 2. 2913 Lancaster Road • Carlsbad, California 92008 • (760) 720-9200 GORDON M. FRENCH Attachment 2. Is a copy of in e^pail that I sent to the HOA attomey on November 27,2002. Mid-aftemoon today Brian telephoned his agreement to my plan to contact each property owner personally to answer his or her questions. I plan to do this throughout this week. I would appreciate the opportunity to answer any questions that you may have relating this issue. My phone number is 760-720-9200. Sincerely, Gordon French 2913 Lancaster Road • Carlsbad, California 92008 • (760) 720-9200 Xdj-iMir/j-r / January 13, 2003 Dear Brian, I am forwarding a copy of an e-mail that I sent to Jay Hansen on November 27,2002 (7 weeks ago). I doubt that you ever saw it. We may now be at a point where we have to appease Mike Grimm by having additional dialog with the Ridgefield property owners but I still feel that the longer this issue is dragged out, the more ammunition we give Eva. I guess my point is that with the exception of Eva we had the agreement of the other owners and now there seems to be some doubt that they are still in agreement. I wonder if we should make a personal call to each of the five-(5) property owners who have not signed the agreement that was sent to them. We could answer any questions that they have and conclude the process leaving Eva to be the single holdout. Regards, Gordon French 9 /Lv Secretarial Services c K A ofvi') V» (30yrs. Exec. Secretarial Experience) September 6,21)02 tl^' TO: Honorable Mayor Claude Lewis, Ray Patchette, City Manager, Councilmembers: Julianne Nygaard, Ramona Finella, Matt Hall, Ann Kulchin I have been attending your City Plaiming Workshops and City Council Meetings for the past 3 years conceming the rezoning and developments of Villages E-1 and Village Y at The Cape in Calavera Hills. I commend you & your Staff in your dedication for always considering the best interests of it's citizens - it is "ongoing" which demands many extra hours over and beyond the cail of duty .... you ail do an exceiieni job. Ai pieseni, McMillin Developers are within a few months of proceeding with their development on E-1 which is my main concern. Future College Boulevard (when completed) will be within 10 ft. of our southeasterly boundary at Ridgefield Avenue where I live. Many of our backyards borders the northeastern boundary of our conimunity next to the proposed E-1. McMiHin's development plans presently calls for increasing the grading level to a height of 9 ft. above our present ground level before erecting their 3-story Condos. This was never pointed out to us by the City Planiung Staff (Eric Munoz & Don Turner in those early years) at Staff & Council Meetings or by McMillin Builders. PLEASE NOTE ! 1) Califomia is noted for mudslides during a rainy season - drainage will at a high risk inasmuch as Calavera Hills sets on top of hard mountain shale. Built-up land will easily loosen along with rain & run down the sloped hillside into our backyards jeopardizing our yards & homes. (Why 9 ft. - no one wants a neighbor looking down into their private domain - OR, their soil !) 2) McMillin had previously told us there would be no windows facing The Cape to preserve the privacy of each homeowner. NOW, their new drawing plans call for windows facing our backyards. (If windows are a MUST, why not stained, block windows.?) 3) Our privacv & standard of living will be totally destroyed, and jgradually our property values will soon devalue themselves. Please don't let this happen I Many of us homeowners at The Cape take pride in our backyard, landscaped gardens with fountains and ponds which brings a calming & aesthetic touch of nature to our lives after fighting the bitter battie of commuting on our freeways to reach the safety of our homes our little corner of the world ! Isn't it enough that we must bear the impact of busy/noisy future College Boulevard so close to our backyards ? Please take your time to review and give this concern your immediate attention to keep our neighborhood the fine community that we all enjoy. Thank you for reading my message I Very truly yours. cc: Mike Grimm, Planning Dept. Z>a*t'e VeUcf. e<Ul 7M^/ 720-0246 Citv of Carlsbad Planning Department July 16, 2002 Calavera Hills II LLC C/O McMillin Companies 2727 Hoover Avenue National City, CA 91950 SUBJECT: CT 01-03/CP 01-01 ~ CALAVERA HILLS VILLAGE E-1 The preliminary staff report for the above referenced project will be mailed to you on Friday, July 19, 2002. This preliminary report will be discussed by staff at the Development Coordinating Committee (DCC) meeting which will be held on July 29, 2002. A twenty (20) minute appointment has been set aside for you at 11:30 a.m. If you have any questions concerning your project you should attend the DCC meeting. It Is necessary that you bring your required unmounted colored exhlbit(s) with you to this meeting In order for your project to go forward to the Planning Commission. Your colored exhibits must 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, vour proiect could be rescheduled to a later time. If you do not plan to attend this meeting, please make arrangements to have your colored exhibit(s) here by the scheduled time above. If you need additional information concerning this matter, please contact your Planner, Mike Grim at (760) 602-4623. CITYOFCARLSBAD^ GARY E.yWAYNE / Assistant Planning Director GEW:MG:jt c: vFiie Copy 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us ^ Citv of Carlsbad Planning Department July 8, 2002 Don Mitchell Calavera Hills II, LLC 2727 Hoover Ave National City CA 91950 SUBJECT: CT 01-03/CP 01-01 - CALAVERA HILLS VILLAGE E-1 The Planning Department Landscape Plancheck Consultant has reviewed the preliminary landscape plan for Village E-1. The red-lined checkprint with comments is enclosed for your use. Please revise the preliminary landscape plan to address these comments. Provided that all issues are resolved, the preliminary landscape plan can be included in the August 7, 2002 Planning Commission exhibit package. The Planning and Engineering Departments are reviewing your latest resubmittal on Village E-1 and will apprise you shortly if the proposed revisions are satisfactory. At that time, you will be requested to submit 15 sets of the tentative map, site plan, landscape plan, buiiding elevations and floor plans for the Planning Commission and City Council exhibit packages. Please contact me at (760) 602-4623 if you have any questions. MICHAEL GRIMv_^ Senior Planner Enclosure c: Don Rideout Frank Jimeno File Copy 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us o o Citv of Carlsbad Planning Department June 27, 2002 Don Mitchell Calavera Hills II, LLC 2727 Hoover Ave National City CA 91950 SUBJECT: CT 01-03/CP 01-01 - CALAVERA HILLS VILLAGE E-1 Your application has been tentatively scheduled for a hearing by the Planning Commission on August 7, 2002. However, for this to occur, you must submit the additional items listed below. If the required items are not received by July 18, 2002, your project will be rescheduled for a later hearing. 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. As required by Section 65091 of the California Government Code, please submit the following information needed for noticing and sign the enclosed form: A) 600' Owners List - a typewritten list of names and addresses of all property owners within a 600 foot radius of the subject property, including the applicant and/or owner. The list shall include the San Diego County Assessor's parcel number from the latest equalized assessment rolls. B) 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: Arial 11 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: 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us CT 01-03/CP 01-01 - CA June 27, 2002 Pace 2 ERA HILLS VILLAGE E-1 UNACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave., Apt #3 Carlsbad, CA 92008 UNACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave. Apt. #3 Carlsbad, CA 92008 ACCEPTABLE MRS JANE SMITH APT 3 123 MAGNOLIA AVE CARLSBAD CA 92008 C) Radius Map - a map to scale, not less than 1" = 200', showing all lots entirely and partially within 600 feet of the exterior boundaries of the subject property. Each of these lots should be consecutively 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. D) 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. MICHAEL GRI Senior Planner Attachment 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: From: Eric Johnston <planningsystems@nctimes.net> To: Mike Grim <Mgrim@ci.carlsbad.ca.us> Date: 6/11/02 4:39PM Subject: Calavera Hills Village E-1 Mike, Brookfield Homes (McMillin Companies' partner in Calavera Hills Phase II) has requested minor modifications to the building arrangement in Village E-1. These changes are: - The eight triplex buildings which share four common "motor courts" aiong Carisbad Viiiage Drive wiii be condensed to four sixplex buildings. This will provide for larger landscape areas between the sixplex buildings. - Buildings 34 & 35 will be moved slightly to allow for more open space. - Buildings 16 & 17 will be moved closer together to provide for more open space and greater view potential for the residents of the project. We understand you are in the process of reviewing E-1 at this time and wanted to alert you to this change as soon as possible. New exhibits are being prepared and should be in your hands within a week. No change to architecture is proposed as a result of these buiiding movements/combinations. We are already proposing a sixplex product for the site, and a numberj)f proposed triplex buildings will still remain after this modification. I will provide you with five sets of site plan/landscape plan as soon as they are available. Do not hesitate to contact me with any questions you may have. Eric Johnston PLANNING SYSTEMS planningsystems@nctimes.net (760) 931-0780 x103 CO: Don Mitchell <dmitchell@mcmillin.com>, Brian Milich <bmilich@mcmillin.com>, Bob Wilkinson <wdgroup@cts.com>, <dgleed@brookfieldhomes.com> 1 feitv of Carlsbad Planning Department June 3, 2002 Brian Milich McMillan Homes 2727 Hoover Ave National City CA 91950 SUBJECT: CALAVERA HILLS VILLAGES E-1, U AND Y (CT 01 -03, CT 01 -04, SDP 01 -05) Dear Brian: Planning Department staff has reviewed the project issues discussed at our May 13, 2002 meeting regarding the above referenced development permits in the Calavera Hills Master Plan. Listed below are staff's responses to those issues, grouped by issue area and the applicable Village(s). 1. Top of Slope Setback (Villages U and Y) a. Permitted Intrusions: All encroachments allowed into required setbacks listed in Section 21.46.120 of the Zoning Ordinance (copy attached) are allowed to encroach into the required top of slope setback up to a maximum of two (2) feet. In addition, open railings of balconies may also encroach into the top of slope setback provided no part of the balcony floor or solid balcony walls intrude into the setback. Patio covers, either attached or detached, are not allowed to encroach into the top of slope setbacks (except for the two foot roof overhang mentioned in Section 21.46.120). b. Downhill Perimeter Slopes: Downhill perimeter slopes are defined as slopes "between a pad or gently sloping area (gradient less than ten percent) of a single lot and the property line that is at a lower level than the pad or gently sloping area of the lot." This definition applies to both the side and rear portions of multifamily buildings. 2. Guest Parking (Village U) The proposed distribution of guest parking in Village U is acceptable, however an additional guest parking exhibit similar to that prepared for Village Y may be needed prior to hearing. Staff will advise you of this need once the project has been scheduled for Planning Commission. 1635 Faraday Avenue • Carlsbad. CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us CALAVERA HILLS VILL E-1, U AND Y June 3, 2002 Paqe 2 3. Motor Court Style Developments (Village E-1) The Calavera Hills Master Plan (page 77) states "motor court developments may have a building separation of 10 feet if the front facade massing is separated by an minimum of 22 feet wide and at least 10 feet deep." The submitted plans do not dimension the front yard massing offset at the ends of the buildings - please provide this minimum ten (10) foot dimension on the typical setback exhibit as well as on the site plan (see attached). This correspondence should augment the previous project correspondence on the permits for Villages E-1, U and Y. Please feel free to contact me if you have any questions or require additional information. Sincerely, MICHAEL GRiM Senior Planner MG:mh Attachments c: Don Rideout Frank Jimeno File Copy .46.090 21.46.090 Measurement of front yards. Front yard requirements shall be measured from the front property line or the indicated edge ofa Slreet for which a precised plan exists. (Ord. 9060 § 1608) 21.46.100 Vision clearance, corner and reversed comer lots. .Ml comer lots and reversed comer lots subject to yard requirements shall maintain for safety vision purposes a tnangular area one angle of which shall bc formed by the front and side lot lines separating the lot from the streets, and the sides of such triangle forming the comer angle shall each be fifteen feet in length, measured from the aforementioned angle. The third side of the tnangle shall be a straight line conneaing the last two mentioned points which are distant fif- teen feet from the iniersecuon of the front and side lot lines, and wuhm the area comprising the cnangle no tree, fence, shrub or other physical obstruction higher than forty-two inches above the established grade shail be permitted. (Ord. 9060 § 1609) I, 21.46.110 Dwellings and apartments above stores. Front and side yard requirements shall not be applicable to dwellings and apanments erected above stores. (Ord. 9060 § 1610) 21.46.120 Permined intmsions into required yards. The following intrusions may projea into any required yards, but in no case shall such intru- sions extend more than two feet into such required yards: (1) Comices. eaves, belt courses, sills, but- tresses or other similar architectural features; (2) Fireplace structures not wider than eight feet measured in the general direction of the wall ofwhich it is a pan: (3) Stairways, balconies and fire escapes: (4) Uncovered porches and platforms which do not e.xtend above the floor level of the firs; floor, provided, that they may e.\iend si.x feet mto the front yard: (5) Planting boxes or masonry planters not exceeding forty-two inches m height: (6) Guard railings for safety protection around ramps. (7) Upon approval of the land use planning manager the following intrusions may project to the property lines of side or rear yards immedi- ately adjacent to permanent open space areas: (A) Unenclosed balconies, patios and decks which extend above the existing ground level. In making the determinauon. the land use planning manager shall follow the procedures as set forth in Chapter 21.51 except that the findings stated in Section 21.51.010(2XA) and (B) need not be made. The land use planning manager shall find that approval of the variance will not cause any adverse physical or visual impacts on adjacent properties. (Ord. 9675 § 1. 1983: Ord. 9060 § 1611) 21.46.130 Walls, fences or hedges. In any "R" zone, no fence, wall or hedge over fony-iwo inches in height shall be permuted in any required front yard setback. In the required side yard or street side of either a comer lot or reversed comer lot, a six-foot fence may be per- mitted when approved by the land use planning ofTice and the building and planning depanment when the safety and welfare of the generai public are not imposed upon. The issuing of a permit upon the approval of the land use planning office and the building and planning department of the city shall be subjea to special condilions which may vary due to the topography, building place- menl and vehicular or pedestnan traffic. On an intenor lot a waU or fence not more than six feet in height may be locaied anywhere to the rear of the required front yard. In any "R" zone, any fence that exceeds six feet, for special uses or under speciai circumstances, shall be granted by 724 -PLAN J BACKYARD AREA C - 478 SF -PLAN 2 BACKYARD AREA B = 679 SF JM-I^^r'^ Milk: )<L(vi.'M^e:u l^^N (\o) i o TYPICAL SETBACK & PVT. OS DETAIL SCALE: 1"=20' FOR ENHANCED PAVING SEE LANDSCAPE PLAN - ; ,,. • , " ^ ... AVERAGE PRIVATE OS REOUIRED = 100 SF/UNIT. AVERAGE PRIVATE OS PROVIDED = APPROX 411 SF/UNIT (AREA A + B + C/J).* *DOES NOT INCLUDE OPTIONAL DECKS FOR PLANS 2 & J. MINIMUM AVERAGE PRIVATE OS PROVIDED MAY BE REDUCED TO APPROX 242 SF/UNIT THIS REDUCTION IS DUE TO A POSSIBLE MINIMUM W' REAR YARD AND FENCE UNE AJ UNIT [[X'l PLANNING SYSTEMS n LAND USE / COASTAL PLANNING LANDSCAPE ARCHITECTURE • LA3900 POLICY AND PROCESSING ENVIRONMENTAL MITIGATION TEAMSMIWAIL HITTIE , RECEIVED MAY 2 § 2002 CITY OF CARLSBAD PLANNING DEPT. To: Via: For: Copies: Items: Mike Grim Date: May 29,2002 Planning Department 1635 Faraday Ave RE: Carlsbad CA 92008 Calavera Hills Village E-1 Hand Delivery Review See belov^^ Revised SDP, Landscape Plan, Architecture - 5 sets ^ ' J ^ City Letter of Incompleteness dated April 12, 2002 - 1 copy ^t' fro Matrix/table detailing responses to City letter - 1 copy - c.-. t*'^ EIA - 2 copies CFD #3 Annexation Agreement - 1 copy Noise study - 1 copy Signed Hazardous Waste Substance Statement - 1 copy Site photos - 1 set Signed Notice of Time Limits - 1 copy Parcel Map 16233 - 1 cop^^ Updated Title Report - 3 copies Soil/geology report - 2 copies Hydrology report - 2 copies SWPPP Exhibit and letter - 1 set Redline check prints Remarks: For resubmittal By: Eric Johnston cc: Paul Klukas Don Mitchell Brian Milich Please call if items indicated are not present or if you have any other questions. 1530 FARADAY AVENUE • SUITE 100 • CARLSBAD, CA 92008 • (760) 931-0780 • (760) 931-5744 • planningsystems@nctimes.net CT 01-03/ CP 01-01 - CALAVERA HILLS VILLAGE E-1 Completeness Resubmittal Matrix - May 29,2002 RECEIVED MAY 2 9 2002 Village E-1: Item Response PLANNING DFRT Items to Complete Application: Planning: 1. It appears that only the middle elevation of the retairung vvalls is provided. Please provide the heights of the retaining walls at the end of each wall and in the worst condition elevation. Please also note that the maximum height of retaining walls in residential areas is six feet. The requested retaining wall heights have been added to the plans; see SDP sheet 3 of 4. 2. Please dimension the interior clear space vdthin each garage (please note that the mirumum clear floor area for single car garages is 12 feet by 20 feet). The interior garage dimensions have been added to the architectural plans; see Six-plex sheet 1 of 7 and Tri-plex sheet 1 of 11. 3. Please indicate the location, dimensions and area (in cubic feet) of the required storage areas. See storage compliance exhibit, sheet 1 of 6 compliance sheets. 4. Please provide a completed Environmental Impact Assessment form. A completed EIA is included in our resubmittal package. 5. Please provide a letter from the Carlsbad Unified School District indicating that school facilities will be available to the project. A copy of the CFD #3 Annexation agreement is included in our resubmittal package. 6. Please provide a noise study consistent with the City of Carlsbad Noise Guidelines Manual. A noise study is included in our resubmittal package. 7. Please provide a signed "Hazardous Waste and Substance Statement," copy enclosed The signed Hazardous Waste and Substance Statement is included with our resubmittal. 8. Please provide photographs of the property taken from the north south, east and west. Photographs of the site are included in our resubmittal package. 9. Please provide a signed "Notice of Time Limits on Discretionary Applications," copy enclosed. A signed "Notice of Time Liinits on Discretionary Applications" form is included in our resubmittal. 1 Village E-1: Item Response 10. The Calavera Master Plan development standards for Village E-1 require the submittal and approval of a fence/trellis plan; please provide this plan. A trellis plan has been added to the project site plans (sheet 1 of 1); an fence plan has been added to the landscape plan (sheet 4 of 4). Engineering: 1. Add name and address of engineer in regular size font; the company logo information will not be legible in the Document Management Systems (DMS) format. The revised engineer information has been added to the Site Plan sheet 1 of 4. 2. Add north arrow to key map. Also draw it to scale so street widths are proportional to the proposed project. The key map has been revised as requested (SDP sheet 1 of 4). 3. Change the name of the sewer district to City of Carlsbad. The sewer district name has been corrected (SDP sheet 1 of 4). 4. Verify the southerly boundary dimension; 783,20 feet is shown compared to 785,26 feet when the legible dimensions are added up in Parcel Map 16233, The southerly boimdary has been changed to reflect the Title Report and Parcel Map 16233 (copy included). 5, Show reference to Glasgow Drive dedication as shown in Parcel Map 16233 (as 86-075424), Have title report updated to reflect this easement. Title report should not be older than six months. The boundary of the project has been moved out of the Glasgow Drive right-of-way (see SDP plans). Three copies of an updated title report have been included in our resubmittal package. 6. Clarify item 8 of the preliminary title report, the easement is shown as a slope easement in Parcel Map 16233. Item 8 of the title report has been clarified in sheet 4 of 4 of the SDP, "Topo and Encumbrance Exhibit." 7. The private "drives" widths do not meet city standards. Please follow new PD ordinance requirements. The project's drives have been revised to a 34-foot curb-to-curb width in accordance with the new PD ordinance (see SDP sheet 3 of 4). 8, Circulation throughout the project streets need to accommodate trash truck movement; show CalTrans 405E circulation radii. The CalTrans 405E circulation radii have been added to the plans (see sheet 1 of 1, "Truck Turrung Exhibit"). 9, Curb return radius of 10 ft at Drive "C" is not acceptable, use 20 ft minimum. One-way traffic circle is not allowed. Design as a standard cul-de-sac. The one-way traffic circle has been redesigned to a standard cul-de-sac. Village E-1: Item Response 10, Secondary emergency access is too close to Carlsbad Village Drive, move it to the southerly side of the project. Indicate that abutter's right of access relinquishment to College Boulevard needs to be quitclaimed at the emergency access. The site plan has been redesigned with the City Engineer's help to include to ingress/egress points on Glasgow Drive. The former emergency access point on College Boulevard near Carlsbad Village Drive has been redesigned to a pedestrian access only. 11. Show 25 ft by 25 ft sight distance triangles at private street intersections per Public Street Design Criteria section 8.B.3 of the engineering standards. There are several conflicts throughout the site. The 25 ft by 25 ft sight distance triangles have been added to the plans and the conflicts have been resolved (SDP sheet 3 of 4). 12. Show street lights on Glasgow Drive. Street lights on Glasgow Drive have been added to the plans (SDP sheet 3 of 4). 13. Indicate what portions of College Boulevard are existing. The existing portions of College Boulevard have been indicated on the plans (SDP sheet 3 of 4). 14. Show existing fire hydrants located within 300 feet of the project site. There are no existing fire hydrants within 300 feet of the project. 15. Existing topography is hard to read, contours need to be a little darker and identifiable. See sheet 4 of 4 of the SDP, "Topo and Encumbrance Exhibit," 16, Is there any remedial grading proposed for the site? Submit preliminary soils/geologic report. A note regarding imdercut of site and rock conditions, has been added to the Site Plan; two provide copies of soils/geology report are included with our resubmittal. 17, Submit hydrology/hydraulic report. Two copies of a hydrology report have been included in our resubmittal. 18, Submit a preliminary Storm Water Pollution Prevention Plan that identifies potential pollutants and the BMPs to control them. Please see the attached letter and exhibit from Don Mitchell to Freuik Jimeno detailing the project's SWPPP. 19. Retum redline prints. The redlined prints are included in our resubmittal package. Village E-1: Item Response Issues of Concem Planning: 1. Please provide the project identification numbers on the title sheet of the tentative map/site plan. The project identification numbers have been added to the upper right corner of the tentative map/site plan. 2. The existing General Plan designation is Residential Medium High Density (RMH), please revise the title sheet "General Notes" accordingly. The correct General Plan designation has been added to the title sheet General Notes (SDP sheet 1 of 4). 3. The site plans shows the putting green turf rec area as Area "B," whereas the landscape plans and details show this rec area as Area "D"; please clarify and make the documents consistent. The landscape drawings have been corrected to make the plans consistent. 4. The site plans shows sounds walls of up to eight (8) feet tall, one with a one (1) foot berm. This may be an issue, depending on the recommendations of the project-specific noise study (see incomplete item #6 above). The proposed noise wall and berm are consistent with the attached noise study, approved Calavera Hills Master Plan section VII.E.l (page 68), and Calavera HiUs Master Plan Phase n EIR 98-02 (page 166-167). 5. With regard to recreation areas, please provide area calculations for each of the common areas (they appear to total over the required 11,700 square feet and contain a good mix of features). The common areas are limited to the southern portion of the site and, therefore, are not adequately distributed throughout the project site. Please redesign/relocate the recreation area locations to be more evenly distributed. The recreation areas have been relocated to more centralized locations in the project (see SDP and landscape plans). Given the information provided, it is difficult to ascertain if the project complies with the required 100 square feet per unit of passive recreation areas. The Plan 1 is the only plan that guarantees a mirumum 60 square foot balcony. The Master Plan The "downstairs" imits (Uruts 2 and 3) of each plan each have over 100 square feet of private recreation area/rear yards (see SDP and trellis exhibit). In conjunction with the 60 square feet of balcony space for the Unit 1 uruts, an average of 300 square feet of private recreation area exists for each tri-plex (600 square feet for each six-plex). Village E-1: Item Response requires that there be an average of 100 square feet per unit of private recreation areas. Please provide an exhibit showing how this standard is being met. Please also note that balconies along the Carlsbad Village Drive and College Boulevard frontages may not count towards providing recreation area if the noise level is not mitigated Master Plan required levels and the balcony extends into the arterial setback area. 6. In the "Project Summary" table on the title sheet, common slope areas are shovm as private passive areas. Since slopes do not count towards the passive recreation area requirement, this notation could be confusing. Please revise the table to show the accurate private passive recreation areas. Notations as to the total amount of slope or common open space areas (from an HOA maintenance perspective) can be made as long as they are not represented as passive open space areas. The slope areas listed on the title sheet have been removed from the private passive recreation area amounts. 7, The guest parking provided meets the minimum amount required however is not distributed evenly throughout the project. Units in the northem portion of the site do not contain one guest parking space within 150 feet of walking distance of every four units without counting a guest parking space twice. In addition, the units in building number 35 are over 150 feet walking distance to any guest parking spaces. The guest parking provided on the private streets does not meet the standards of the Planned The private streets B and C have been redesigned to a 34-foot curb-to-curb width to comply with the new PD ordinance. The resulting widening allows for guest parking on both sides and has provided for a more even guest parking disttibution throughout the site (see SDP sheet 2 of 4), Village E-1: Item Response Development Ordinance (Chapter 21,45 of the Zorung Ordinance). The ordinance allows for guest parking along both sides of a minimum 34-foot wide private stteet however the proposed stteet width is only 32 feet. See comment 8 below regarding additional street width and design compliance issues. 8. The proposed private streets "B" and "C" do not meet the mirumum standards of the PD Ordinance. The ordinance requires a minimum of 34 feet of width for private streets, the plan shows these stteets as 32 feet wide; please revise to conform to the ordinance. There are also no provisions in the master plan or ordinance for one-way streets with reduced ttavel lane width. The proposed motor courts, provided they measure at least 24 feet wide and provide adequate maneuvering areas, are allowed by the ordinance. They must be consttucted of concrete and accented with enhanced pavement tteatment. Please indicate these features on the project plans. Several driveway areas are not dimensioned (e.g. driveway width for buildings 18/19 and 20/21 motor court and single unit driveways). According to the PD Ordinance, driveways must measure a minimum of 24 feet wide; the driveway for the building 39 motor court does not meet this requirement. The private stteets B and C have been redesigned to a 34-foot curb-to-curb width to comply with the new PD ordinance. The proposed motor courts have been dimensioned on the SDP, and all are at least 24 feet in width; the landscape plan details the enhanced paving proposed for the motor courts. 9. The required setbacks for multifamily units from driveways is eight feet (fully landscaped) from residences and five feet from garages. All Garages that face directly onto the private drives shall be equipped by the builder with automatic garage door openers. w Village E-1; Item Response garages facing directly onto a driveway must be equipped with an automatic garage door opener. Staff is researching the intent of these regulations as they apply to motor court style developments. The Calavera Hills Master Plan allows motor court style developments to have a building separation of 10 feet if the front facade massing is separated by a minimum of 22 feet and at least 10 feet deep. The PD Ordinance requires a 20-foot average building separation, with a 10- foot minimum. Staff has had previous discussions with the applicant on this exact topic; the results being that it is okay to reduce building separation to 10 feet in the rear of the buildings, provided that the stteet frontage separation maintains the Master Plan requirement of 22 feet. You could also opt to follow the Planned Development standard of minimum 20 foot separation for all parts of the structure. The proposed project is in compliance with the setback requirements delineated in the approved Calavera HiUs Master Plan Sec. IX.A,4 (pg, 77). Please see Don Rideout or Paul Klukas for any additional clarification necessary. 10. According to the PD ordinance, stteet trees within multifamily projects shall be spaced no further than 30 feet on center within the parkway. Please indicate these dimensions on the project landscape plan. Stteet ttees have been placed no further apart than 30 feet on center where possible; however, due to the project's 24-foot motor court entrance widths (plus driveway skirts), 30 feet on center minimum distance is not possible in all locations. Trees have been placed as close as possible to the sides of the motor court entrances to ensure an aesthetically pleasing landscape design. 11. The Calavera Hills Master Plan calls for the encouragement of variety in streetscape massing and aesthetics. It also states that projects within the master plan area are subject to the requirements of the PD Ordinance, with the exception of the site design standards listed on pages 54 and 55 of the Master Architectural compliance sheets have been added to the building elevations and floor plans detailing the required setback planes and fagade elements per 21.45,080 - Table E of the PD Ordinance, Village E-1: Item Response Plan (arterial setbacks, front yard setback measurement, recreation areas, and building separation). Therefore, the architectural design is subject to the provisions of 21,45,080 - Table E of the PD Ordinance, This section requires at least 3 separate building planes (minimum offset of 18 inches} on all building elevations. It also requires incorporation of at least four of the design elements listed within Table E for each building fagade. Given the level of detail on the submitted plans, it is not clear that the project complies with these requirements. Please augment the architectural plans to indicate compliance with the PD Ordinance Architectural Design Element standards. It may be necessary to vary the product and/or floor plan to provide the necessary variety of massing and aesthetics, City of Carlsbad Planning Department April 12, 2002 Don Mitchell Calavera Hills II, LLC 2727 Hoover Avenue National City CA 91950 SUBJECT: CT 01-03/CP 01-01 - CALAVERA HILLS VILLAGE E-1 Thank you for applying for Land Use Permits in the City of Carlsbad, The Planning Department has reviewed your Tentative Tract Map and Condominium Permit, application no. CT 01 -03/CP 01 -01, as to its completeness for processing. The application is incomplete, as submitted. Attached are two lists. The first list is information which must be submitted to complete your application. This list of items must be submitted directly to your staff planner by appointment. All list Items must be submitted simultaneously and a copy of this list must be included with your submittals. No processing of your application can occur until the application is determined to be complete. The second list is issues of concern to staff. When all required materials are submitted the City has 30 days to make a determination of completeness. If the application is determined to be complete, processing for a decision on the application will be initiated. If the application is withdrawn, a new application must be submitted. Please contact your staff planner, Michael Grim, at (760) 602-4623, if you have any questions or wish to set up a meeting to discuss the application. Sincerely, MICHAEL J. HOLZMILLER Planning Director MJH:MG:jt Don Rideout Frank Jimeno / File Copy Data Entry 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us LIST OF ITEMS NEEDED TO COMPLETE THE APPLICATION No. CT 01-03/CP 01-01 - CALAVERA HILLS VILLAGE E-1 Planning: 1. It appears that only the middle elevation of the retaining walls is provided. Please provide the heights of the retaining walls at the end of each wall and the worst condition elevation. Please also note that the maximum height of retaining walls in residential areas is six feet. 2. Please dimension the interior clear space within each garage (please note that the minimum clear floor area for single-car garages is 12 feet by 20 feet). 3. Please indicated the location, dimensions and area (in cubic feet) of the required storage areas. 4. Please provide a completed Environmental Impact Assessment form, 5. Please provide a letter from the Carlsbad Unified School District indicating that school facilities will be available to the project. 6. Please provide a noise study consistent with the City of Carisbad Noise Guidelines Manual, 7. Please provide a signed "Hazardous Waste and Substance Statement," copy enclosed. 8. Please provide photographs of the property taken from the north, south, east and west, 9. Please provide a signed "Notice of Time Limits on Discretionary Applications," copy enclosed, 10. The Calavera Master Plan development standards for Village E-1 require the submittal and approval of a fence/trellis plan; please provide this plan. Engineering: 1. Add name and address of engineer in regular size font; the company logo information will not be legible in the Document Management System (DMS) format. 2. Add north arrow to key map. Also draw it to scale so that street widths are proportional to the proposed project. 3. Change name of sewer district to City of Carisbad, 4. Verify the southeriy boundary dimension; 783.20 ft is shown compared to 785.26 ft when the legible dimensions are added up in Parcel Map 16233. 5. Show reference to Glasgow Drive dedication as shown in Parcel Map 16233 (as 86- 075424). Have title report updated to reflect this easement. Title report should not be older than six months. 6. Clarify item 8 of the preliminary title report, the easement is shown as a slope easement in Parcel Map 16233, 7. The private "drives" widths do not meet city standards. Please follow new PD ordinance requirements, 8. Circulation throughout the project streets need to accommodate trash truck movement; show Caltrans 405E circulation radii. 9. Curb return radius of 10 ft at Drive "C" is not acceptable, use 20 ft minimum. One-way traffic circle is not allowed. Design as a standard cul-de-sac, 10. Secondary emergency access is too close to Carisbad Village Drive, move it to the southerly side of the project. Indicate that abutter's right of access relinquishment to College Boulevard needs to be quitclaimed at the emergency access. 11. Show 25 ft by 25 ft sight distance triangles at private street intersections per Public Street Design Criteria section 8.B.3 of the engineering standards. There are several conflicts throughout the site. 12. Show street lights on Glasgow Drive. 13. Indicate what portions of College Boulevard are existing. 14. Show existing fire hydrants located within 300 ft. of project site. 15. Existing topography is hard to read, contours need to be a little darker and identifiable. 16. Is there any remedial grading proposed for the site? Submit preliminary soils/geologic report. 17. Submit hydrology/hydraulic report. 18. Submit a preliminary Storm Water Pollution Prevention Plan that identifies potential pollutants and the BMPs to control them. Due to the nature of the incomplete items and the potential for some redesign of this project. Engineering Department staff has not completely investigated engineering issues of concern at this time. Engineering issues will be investigated upon re-submittal of the project once these items of concern are adequately addressed. Attached are red-lined check prints of the project for the applicant's use. This check prints must be returned with the re-submittal to facilitate continued staff review. ISSUES OF CONCERN Planning: 1, Please provide the project identification numbers on the title sheet of the tentative map/site plan, 2, The existing General Plan designation is Residential Medium High Density (RMH), please revise the title sheet "General Notes" accordingly, 3, The site plans shows the putting green turf rec area as Area "B", whereas the landscape plans and details show this rec area as Area "D"; please clarify and make the documents consistent, 4, The site plans shows sounds walls of up to eight (8) feet tall, one with a one (1) foot berm. This may be an issue, depending on the recommendations of the project-specific noise study (see incomplete item #6 above), 5, With regard to recreation areas, please provide area calculations for each of the common areas (they appear to total over the required 11,700 square feet and contain a good mix of features). The common areas are limited to the southern portion of the site and, therefore, are not adequately distributed throughout the project site. Please redesign/relocate the recreation area locations to be more evenly distributed. Given the information provided, it is difficult to ascertain if the project complies with the required 100 square feet per unit of passive recreation areas. The Plan 1 is the only plan that guarantees a minimum 60 square foot balcony. The Master Plan requires that there be an average of 100 square feet per unit of private recreation areas. Please provide an exhibit showing how this standard is being met. Please also note that balconies along the Carlsbad Village Drive and College Boulevard frontages may not count towards providing recreation area if the noise level is not mitigated Master Plan required levels and the balcony extends into the arterial setback area. 6, In the "Project Summary" table on the title sheet, common slope areas are shown as private passive areas. Since slopes do not count towards the passive recreation area requirement, this notation could be confusing. Please revise the table to show the accurate private passive recreation areas. Notations as to the total amount of slope or common open space areas (from an HOA maintenance perspective) can be made as long as they are not represented as passive open space areas. 7, The guest parking provided meets the minimum amount required however is not distributed evenly throughout the project. Units in the northern portion of the site do not contain one guest parking space within 150 feet of walking distance of every four units without counting a guest parking space twice. In addition, the units in building number 35 are over 150 feet walking distance to any guest parking spaces. The guest parking provided on the private streets does not meet the standards of the Planned Development Ordinance (Chapter 21.45 of the Zoning Ordinance), The ordinance allows for guest parking along both sides of a minimum 34-foot wide private street however the proposed street width is only 32 feet. See comment 8 below regarding additional street width and design compliance issues. MARCH 14, 2002 TO: FRANK JIMENO FIRE DEPT. FROM: Senior Planner Munoz RESUBMITTAL OF VILLAGE E-1 / CT 01-03 - CP 01-01 Attached is a copy of the resubmittal of Village E-1 within Calavera Hills Master Plan. This project needs to comply with the recently approved master plan (MP 15O-H). Please provide written comments no later than April 14,2002. I can be reached at extension 4608 if there are any questions. Sincerely, ERIC MUNOZ Don Rideout '^LE COPY Citv of Carlsbad Planning Departnnent February 12, 2001 Brian Milich McMillin Companies 2727 Hoover Avenue National City, CA 91950 SUBJECT: VILLAGE SUBMITTALS FOR CALAVERA HILLS PHASE II Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Department has reviewed your land use permit applications listed below as to their completeness for processing: Village L-2: CT 01-0001/PUD 01-004 Village K: CT 01 -0002/PUD 01-005 Village E-1: CT 01 -0003/CP 01-0001 Village U: CT 01 -0004/CP 01-0002 Village W: CT 01 -0005/PUD 01-006 Village X: CT 01 -0006/PUD 01-007 Village R: PUD 01 -003/HDP 01 -002 Village H : HDP 01-003 The application is incomplete, as submitted. As you are aware, and as outlined In the attached letter from Assistant Planning Director Gary Wayne dated January 30, 2001, the 30-day completeness review for these applications will not commence until the applicable standard of review (pending EIR, master plan amendment and other related entitlements) has received final approval by the City Council. No processing of your application can occur until the application is determined to be complete. When the Council has made its final decision on EIR 98-02, MP 150(H), GPA 99-03 and other related applications, the City has 30 days to make a determination of completeness. If the application is determined to be complete, processing for a decision on the application will be initiated. In addition, please note that you have six months from the date the application was initially filed, February 1, 2001, to either resubmit the application or submit the required information. Failure to resubmit the application or to submit the materials necessary to determine your application complete shall be deemed to constitute withdrawal of the application. If an application is withdrawn or deemed withdrawn, a new application must be submitted. 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us ® Village Submittals fo^i«*^lavera Hills Phase II February 12, 2001 Page 2 Please contact your staff planner, Eric Munoz, at (760) 602-4608, if you have any questions or wish to set up a meeting to discuss the application. Sincerely, MICHAEL J. HOLZMILLER Planning Director MJH:EM:mh c: Don Rideout, Team Leader Frank Jimeno, Project Engineer •f^ile Copy Data Entry Planning Aide Citv of Carlsbad Planning Department January 30, 2001 Mr. Brian Milich Senior Vice President, McMillin Companies 2727 Hoover Avenue National City, CA 91950 CALAVERA HILLS PHASE II - TENTATIVE MAP/VILLAGE SUBMITTALS This letter is in response to your letter dated January 24, 2001 to Eric Munoz regarding the submittal of the Calavera Hills Phase II maps. City staff will work together as part of a team to achieve a mass grading target date of September 2001 based on the master tentative map (CT OO- Ol). However, it was never our understanding that the processing of the individual tentative maps were linked to this target date. An earlier, verbal allowance to submit the tentative maps while the Draft EIR was out for 45-day public review was based on near closure of outstanding issues and conceptual agreement on the standard of review for those maps. At this time, the City has several general and specific issues with the proposed Design Guidelines for the master plan. If the submitted maps are closely designed to those standards, the maps may have to be completely revised to be consistent with design guidelines and other standards ultimately supported by staff and approved by decisionmakers. The EIR and master plan amendment approval process may also cause significant changes to the basic design and content of the submitted maps. Recognizing the fee increase of February 5, 2001, the City would be willing to allow Village submittals if the applicant understands and accepts the following: 1. No individual maps will undergo a 30 day completeness review until the standard of review (the EIR, master plan amendment and master tentative map) has received fmal approval from the City Council. 2. Once deemed complete, the City will process the maps in accordance with State mandated permit streamlining timeframes. 3. If possible, given workload situations within the Department, a review of the maps will occur insofar as that review will assist with the priority processing of the EIR, master plan amendment and master tentative map. 4. If the submitted village maps require extensive revisions due to the fmal approval of the pending EIR, master plan amendment and master tentative map, a resubmittal will be necessary subject to the fees effective at that time. 1635 Faraday Avenue • Carlsbad. CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us ^ CALAVERA HILLS PHASl r*^ TENTATIVE MAP/VILLAGE SUBMITT.-. % JANUARY 30,2001 W W PAGE 2 Based on the above, I strongly recommend that the requested tentative map submittals be postponed until such time as all design and policy issues have been resolved. If you have any questions, please contact me at 760.602.4601, or Eric Munoz at 602.4608. GARY WAYNI Assistant Planning Direcior GW:mh c: Marty Orenyak, Community Development Director Michael Holzmiller, Planning Director Don Rideout, Principal Planner Eric Munoz, Senior Plaimer David Hauser, Deputy City Engineer Skip Hammann, Principal Engineer Frank Jimeno, Associate Engineer May 5, 2003 TO: BOBBIE HODER, PLANNING PLANNING DEPARTMENT - GRAPHICS TRAFFIC ENGINEER SCOTT BURNS, BUILDING DEPARTMENT KAREN GARBRY, BUILDING DEPARTMENT STEVE RUGGLES, STATION #3 FIRE DEPARTMENT GREG WOODS, PUBLIC WORKS - OAK ST OFFICE LORI ALLEN, POLICE DEPARTMENT KARL VON SCHLIEDER - GIS FROM: Planning Director STREET NAMES FOR CT 01-03 - CALAVERA HILLS VILLAGE E-1 The following street names have been approved as a part of the final map processing for CT 01-03. A map delineating street locations is attached. Private Streets: A Esker Way B Jetty Point C Backshore Court D Artesian Way CS:bd Attachment KEYMAP SCALE: r= 100' Citv of Carlsbad Planning Department March 18,2003 Hunsaker & Associates Diane Ingram 10179 Huennekens Street San Diego CA 92121 SUBJECT: STREET NAME APPROVALS FOR CT 01-03 - CALAVERA HILLS VILLAGE E-1 The following street names have been approved for use in the above-listed subdivision, however, the items listed below must be submitted prior to Planning Department approval of the final map. These names should be included on the final map and all improvement plans. A Jetty Point B Backshore Circle C Artesian Court D Esker Way In addition, please submit the following items to this office: 1. Street name list; 2. 400 scale mylar delineating street locations and hydrant locations with at least two existing streets and/or intersections shown on the map; and 3. Vicinity map. Please call me at (760) 602-4624, if you have any questions. Sincerely, CHRIS SEXTON Planning Technician Attachment CS:bd 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us ro o o m .XXL) 6U ciJyuui-turiOdL T-i^ I J T-J—r—J pVT DR "B" ^- ^ L_l ,.-«wk. April 15, 2003 TO: BOBBIE HODER, PLANNING DEPARTMENT PLANNING DEPARTMENT - GRAPHICS TRAFFIC ENGINEER SCOTT BURNS, BUILDING DEPARTMENT STEVE RUGGLES, STATION #3 FIRE DEPARTMENT GREG WOODS, PUBUC WORKS - OAK ST OFFICE LORI ALLEN, POLICE DEPARTMENT KARL VON SCHLIEDER - GIS FROM: Planning Director STREET NAMES FOR CT 01-03 - CALAVERA HILLS VILLAGE E-1 The following street names have been submitted and were approved as a part of the final map processing for CT 01-03. Please note the names have not changed, just the location of the street names. Please submit any comments to Chris Sexton (x4624) as soon as possible. A map delineating street locations is attached. As Shown On Map Private Streets A Esker Way B Jetty Point C Backshore Court D Artesian Way CS:bd Attachment KEY MAP SCALE: r= 100' IIA.A i -• 111 /lis^- Lie/ City of Carlsbad Planning Department February 11, 2002 Hunsaker & Associates Diane Ingram 10179 Huennekens Street San Diego CA 92121 RE: CT 01 -03 - STREET NAMES FOR CALAVERA HILLS VILLAGE E-1 Dear Diane: Thank you for resubmitting street names in Village E-1. However, pursuant to our street naming policy, the street names for the Calavera Hills area must have topographical characteristics and not mineral characteristics. Please submit new street names to me as soon as possible. If you have any questions, please give me a call at (760) 602-4624. Sincerely, Chris Sexton Planning Intern CS:sn 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us rvuuLUdU Citv of Carlsbad Planning Department January 3, 2002 Hunsaker & Associates L-- ^ Diane Ingram 10179 Huennekens Street San Diego CA 92121 RE: STREET NAMES FOR CALAVERA HILLS VILLAGE E-1 Dear Diane: Thank you for submitting Mystic Circle and Voyage Place as street names in Village E-1. However, pursuant to our street naming policy, the street names for the Calavera Hills area must have topographical characteristics and not nautical terms. Please submit new street names to me as soon as possible. If you have any questions, please give me a call at (760) 602-4624. Sincerely, Chris Sexton Planning Intern CS:sn 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us SIX*'' V*/ March 6, 2003 TO: BOBBIE HODER, PLANNING DEPARTMENT PLANNING DEPARTMENT - GRAPHICS TRAFFIC ENGINEER SCOTT BURNS, BUILDING DEPARTMENT STEVE RUGGLES, STATION #3 FIRE DEPARTMENT GREG WOODS, PUBLIC WORKS - OAK ST OFFICE LORI ALLEN, POLICE DEPARTMENT KARL VON SCHLIEDER - GIS FROM: Planning Director STREET NAMES FOR CT 01-03 - CALAVERA HILLS VILLAGE E-1 The following street names have been submitted for approval as a part of the final map processing for CT 01-03. Please submit any comments to Chris Sexton (x4624) as soon as possible. A map delineating street locations is attached. As Shown On Map Private Streets (first choice): Private Streets (second choice): A Chert Way Jetty Point B Backshore Circle Luster Circle C Artesian Court D Esker Way CS:mh Attachment KEY MAP SCALE: 1'= 100' IS •^•11! STRHFT SCtM CALAVERA HILLS VILLAGE E-1 CALAVERA IL L.L.C. SIXPLEX C O PLAN 2 596 S.F. T=1406 S.F. PLAN 1 94 S.F. T=1362 S.F. CT01-03 CP01-01 PLAN 3 615 S.F. T=1538 S.F. PLAN CORRESPONDS TO ELEVATION 4 KEY PLAN NT = LEFT WOTORCOURT j TRIPl EX BUILDING FIRST FLOOR PLAN CALAVERA HILLS VILLAGE E-1 CALAVERA 11, L,L,C, •.r^f-.r »,»t..rrr.--."t • 01.02,01 01.18.02 05.01.02 051702 1 OF 11 PLAN 1 932 S.F. PLAN 3 923 S.F. KEY PLAN N, s REAR SECOND FLOOR PLAN CALAVERA HILLS VILLAGE E-1 CALAVERA 11, L.L.C. 2 OF 11 010201 011802 PLAN 1 336 S.F. KEY PLAN N FHONI TRIPLEX BUILDING THIRD FLOOR PLAN CALAVERA HILLS VILLAGE E-1 CALAVERA II, L.L.C. SOF 11 1- SEE 10 OF 10 FOR OPTIONAL REAR DFCKS ENHANCED ELEVATIONS * CALAVERA HILLS VILLAGE E-1 CALAVERA II, L.L.C. •ailfc SPECFIC. OCCURS WKtRE VISBLF l-MOM COMMON AREAS, SEE SITE PLAN SOF 11 1^ UM ON TtM MOIVCT WS UMDOitMCLcau ENHANCED REAR ELEVATIONS CALAVERA HILLS VILLAGE E-1 CALAVERA U, L.L,C, •SITE SPECFIC, OCCURS WHEHE VISBLE FROM COt*KDN AREAS; SEE SITE PLAN •SEE 10 OF 10 FOR OPTIONAL REAR DECKS •SEE 8 OF 10 FOR ENHANCED RIGHT AND LEFT ELEVATIONS 9 OF 11