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Home My WebLink AboutCT 04-01; YAMAMOTO SUBDIVISION; Tentative Map (CT)DATE: CITY OP CARLSBAD ^INEERING DEPARTMENT PLANCHECKER ASSIGNMENT FOR ENGINEERING PLANCHECI^G O PROJECT NAME: / (T^i ^/?//• PROJECT NUMBER: Contact Person: 70M TupM^f\l Engineer of Work: Address: V>°P fO^UAAA^ ^ cX>^-\f\ Ch Os^(^-2-/. Telephone: 7^0 75/ (e/eo3> FAX: 7(1-^34-^3^^ APPLICATION TYPE E^raditig Blan DRAWING NO. '935-53 PROJECT SIZE So 0 cy. CONSULTANT'S EST. FEE $ •^WMP/SWPPP • Final Map • Parcel Map • Adjustment Plat • Dedication of Easement(s) (or Covenant of Easement) Quitclaim of Easement Street Vacation (• Summary) Certification of Correction • • • • • • Certificate of Compliance • In lieu of parcel map Construction Revision ea acres lots shts ASSIGN TO: Consultant Plancheck Pairing • PBS&J • RBF Consulting AND • PE: OR In-house Plancheck Pairino PCE: CViY/W^ B^PE: CTl/YVMi) • QA Engineer: By: {foi) Deputy City Engineer Original to: Project File Copies to: Senior Office Specialist Assigned Planchecker Assigned QA Engineer Associate Analyst - Donna Harvey H:\Oevelopnwnt Sflfvtcas\MASTERS\ForTns\MlscellaiwousV*lanchecker Asstgnmerrt She«t.doc Date: L 08-11-2006 Job Address: Permit Type: Parcel No: Valuation: Reference #: Project Title: City of Carlsbad 1635 Faraday Av Carlsbad, CA 92008 Permit/Project No: DWG4333 Fee Summary Listing IPC $479,600.00 CT 04-01 YAMAMOTO SUBDIVISION Lot#: Status: APPROVED Applied: 07/20/2005 Entered By: JJ Applicant: MCCULLOUGH-AMES DEV. STE 205 11828 RANCHO BERNARDO SAN DIEGO CA 92128 858-675-6400 Owner: MCCULLOUGH-AMES DEV. STE 205 11828 RANCHO BERNARDO SAN DIEGO CA 92128 858-675-6400 Fee Desc ENG INSPECTION IMP Sc GRD PLANCK MISC SERVICES Total Fee Payments 7,095.00 7,095.00 16,642.00 16,642.00 432.00 432.00 Balance Due .00 .00 .00 Total Fees to Date; $24,169.00 Balance Due to Date $0.00 City of Carlsbad 1635 Faraday Avenue Carlsbad CA lillMIIIIIIIIK 92008 Applicant: MCCULLOUGH-AMES DEV. Description DWG4333 Amount 565.00 Receipt Number: RO059313 Transaction Date: 08/11/2006 Transaction ID: R0059313 Pay Type Method Description Amount Payment Check 806291 565.00 Transaction Amount: 565.00 HIP City of Carlsbad Faraday Center Faraday Cashiering 001 0606601-2 03/07/2006 11 Tue Mar07,2006 04:21 FH PERMITS - PERMITS $4,045.00 Tran Nbr: 060B60102 U073 UU60 Trans/Rq:'t#; Ru0b5916 SET #: GR050064 1 ITEM(S): TOTAL: $4,045.00 Check (f 806108) $4,045.00 Total R': ,=3iyed: $4,045.00 Have a n:.e day! city of Carlsbad 163 5 Faraday Avenue Carlsbad CA 92 008 Applicant: MCCULLOUGH-AMES DEV Description GR050064 Amount 4,045.00 Receipt Number: ROOS5916 Transaction Date: 03/07/2006 Transaction ID: R0055916 Pay Type Method Description Amount Payment Check 806108 4,045.00 Transaction Amount: 4,045.00 City of CarU^• Faraday CenU;. Faraday Cashier inu 0''1 0606601-2 03/07/2006 11 Tue Mar07,2006 04:20 PM PERMITS - PERMITS $39,000.00 Tran Nbr; 060660102 0071 0078 Trans/Rcpt#: R0055915 SET #: DWG4333A 1 ITEM(S^; • . $39,000.00 Check (Cnk# 80-2105) $39,000.00 Total Received: $39,000.00 Have a nice day! unnuiri^uzUoJiMER COPY************* city of Carlsbad 163 5 Faraday Avenue Carlsbad CA 92 00! Applicant: MCCULLOUGH-AMES DEV. Description DWG4333A Amount 39,000.00 Receipt Number: ROO55915 Transaction Date: 03/07/2006 Transaction ID: R0055915 Pay Type Method Description Amount Payment Check 806105 39,000.00 Transaction Amount: 39,000.00 City of Carlsbad Faraday Center Faraday Cashiering 001 0606101-3 03/02/2006 11 Thu Mar02,2006 03:58 PM PERMITS - PERMITS $48,947.64 Tran Nbr: 060610103 0035 0052 Trans/Rcpt#: R0055847 SET #:, FM040001 1 ITEM(S): TOTAL: $48,947.64 Check (Chk# 806106) $48,947.64 Total Received: $48,947.64 Have a nice day! **!|:***********CUSTOMER COPY************* City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 (OS4R0055847) Applicant: MCCULLOUGH-AMES DEV. Description Amount FM040001 48,947.64 Receipt Number: R0055847 Transaction ID: R0055847 Transaction Date: 03/02/2006 Pay Type Method Description Amount Payment Check 806106 48,947.64 Transaction Amount: 48,947.64 City of Carlsbad 163 5 Faraday Avenue Carlsbad CA Receipt {OS4T000059650) 92008 Applicant: MCCULLOUGH-AMES DEV. Set Id: S000001858 Description DWG4333 DWG4333A FM040001 Amount Total 13,909.86 4,775.59 5,685.00 24,370.45 Receipt Number: R0051427 Transaction Date: 07/20/2005 Transaction ID: T000059650 Pay Type Method Description Amount Payment Check 806020 24,370.45 Transaction Amount: 24,370.45 3014 07/20/05 0002 01 02 CGP 24370.45 CJ Ol\-01 CITY OF CARLSBAD GRADING PLAN RESUBIVIITTAL CHECKUST E-8 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov THIS SECTION TO BE COMPLETED BY CITY PERSONNEU DWG No. Project ID ^/ -^ / Project Name Planchecker - GR No.: Project Engineer. • Items marked with an asterisk (*) must be completed by an appropriately licensed engineer THE FOLLOWING MARKED ITEMS MUST BE INCLUDED IN RESUBMITTAL: (^')This resubmittal checklist ji^^Transmittal from engineer of work listing all items being submitted Copy of previous city transmittal letter PLANCHECKER USE ONLY Plancheck No. PCE Initials Date Original and one copy of completed Security and Agreement Data Sheet All previous checkprints of plans, review checklist, reports, calculations, and estimates * 4^sets of corrected prints of the grading plans folded to 9" X 12" (Distribution: 1 file, / SCE, planchecker, Planning, Building, other (specify): ) //Uis. 9. *Two sets of corrected bound Drainage Report signed and sealed by engineer of work *Two sets of corrected bound Soils Report signed and sealed by soils engineer *Two sets of corrected earthwork quantity calculations signed and sealed by engineer of work ll 0. *Two sets of corrected engineer's cost estimate signed and sealed by engineer of work 1. Concurrent resubmittal required (as applicable), corrected as necessary: final/parcel map, improvement plans, easement documents, temporary construction easement for off-site grading, other: see below ^12. Two sets of corrected SWPPP' P /P ' ^ ^z^ / ^ *Two sets of corrected SWMP 14. Department comments: Planning, Traffic, Parks & Recreation, Fire, Eng P&P, M&O, other-specify (Distribution: to indicated departments) 15. OTHER: COMMENTS SUBMITTAL COMPLETE. CHECKED BY DATE E-8 Page 2 of 3 ER-02-01 REV 5/24/10 0,1^^1'^ I -4^ CITY OF CARLSBAD GRADING PLAN MYLAR SUBMITTAL CHECKLIST E-8 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov THIS SECTION TO BE COMPLETED BY CITY PERSONNEL Project ID CTO^'QI DWG No. 3GR No.: J0_ Project Name Fc?//?5€--^/^ £/cJ^^e [ Planchecker //jf!-z/r t, -Ui Project Engineer • Items marked with an asterisk (*) must be completed by an appropriately licensed engineer. THE FOLLOWING MARKED ITEMS MUST BE SUBMITTED FOR FINAL APPROVAL: ^ (£)This submittal checklist £^_(2^Transmittal from engineer of work listing all items being submitted /^Copy of previous city transmittal letter .(^Digital copy of plans BpAII previous checkprints of plans, review checklist, reports, calculations, and estimates i) * 3 sets of corrected prints of the grading plan folded to 9" X 12" (Distribution: 1 file, 1 Eng P&P, _l_ planchecker, other (specify): ) 1 ^^One copy of all signed Conditions of Approval 8. *One copy of approved bound Soils Report signed and sealed by soils engineer ^ (9^*Original mylars signed and sealed by engineer of work and including all required signatures Concurrent mylar submittal(s) required (as applicable): final/parcel map, improvement plans, easement documents, temporary construction easement for off-site grading, other: see below ///f 1 One copy of approved SWPPP -(^One 24" x 36" copy of approved BMP Plan (rolled) {><y^///^ c/'^^^^jj .^^One copy of Notice of Intent receipt letter with WDID number separated from SWPPP _14. *Two sets of approved SWMP signed and sealed by engineer of work (^.^^/ / cA^-^^^^i^r) Verification of submittal of securities and agreements -/lp Payment of plancheck fee balance. See enclosed Fee Summary Listing(s) for fee itemization. ^ (Please note: If the grading cash deposit is not yet paid, it may appear on the enclosed Fee Summary Listing. However, the grading cash deposit is collected separately and should not be included in this payment. The grading permiffee amount listed below is included as a courtesy. The grading permit fee may be paid with this submiftal or later with the application for grading permit.) j|K>- Plancheck Fee Balance $ ^ Grading Permit Fee $ 3,^J^/-^ ^< ^ ^'^^'^^ '^^^ Total $ J^/ ^ 17. Department approvals: Planning, Traffic, M&O, other-specify ^js^OTHER: NOi /eT^/k^ Parks & Recreation, .Fire, Eng P&P, COMMENTS /d/// e/-^^^^/ /e^ sy^'^/^^^^/- /'f4^// SUBMITTAL COMPLETE. CHECKED BY DATE E-8 Page 3 of 3 ER-02-01 REV 5/24/10 CITY OF CARLSBAD GRADING PLAN RESUBMITTAL CHECKLIST E-8 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov THIS SECTION TO BE COMPLETED BY CITY PERSONNEL Project ID T DWG No. _ Project Name fo/>f$'^^m ^ Planchecker -/"^^^^^^'^^ ^ GR No.: . tO-/3 \ Project Engineer /^^j^.=£.^ ^y/^f^t^-^x^ • Items marked with an asterisk (*) must be completed by an appropriately licensed engineer THE^LLOWING MARKED ITEMS MUST BE INCLUDED IN RESUBMITTAL: This resubmittal checklist 9" Transmittal from engineer of work listing all items being submitted Copy of previous city transmittal letter PLANCHECKER USE ONLY Plancheck No. PCE Initials Date Original and one copy of completed Security and Agreement Data Sheet _k ^) All previous checkprints of plans, review checklist, reports, calculations, and estimates * ^5^sets of corrected prints of the grading plans folded to 9" X 12" (Distribution: 1 file, _[ SCE, ^ planchecker, / Planning, Building, other (specify): ) *Two sets of corrected bound Drainage Report signed and sealed by engineer of work *Two sets of corrected bound Soils Report signed and sealed by soils engineer *Two sets of corrected earthwork quantity calculations signed and sealed by engineer of work *Two sets of corrected engineer's cost estimate signed and sealed by engineer of work fi^/^J 11. Concurrent resubmittal required (as applicable), corrected as necessary: final/parcel map, improvement plans, easement documents, temporary construction easement for off-site grading, other: see below y^lw sets of corrected SWPPP ^ ^ ^^*Two sets of corrected SWMP Department comments: -^^lanninq, ^Traffic, Parks & Recreation, Fire, Eng P&P, M&O, other-specify (Distribution: to indicated departments) 15. OTHER: /^^ COMMENTS SUBMITTAL COMPLETE. CHECKED BY DATE E-8 Page 2 of 3 ER-02-01 REV 4/30/10 GRADING PLAN Development Services ^3^^ INITIAL SUBMITTAL Engineering Department ^Ynf'^nV,^ CHECKLIST "•^^ '".^lii^t CARLSBAD 760-602-2750 www.carlsbadca.gov THIS SECTION TO BE COMPLETED BY OTY PERSONNEL ^ .\ _ 7/ . Project ID DWG No.. GRNo. /O^l^ Project Engineer Jt/VlfeMO • Fee schedules and forms are located on the City of Carlsbad's web site at yyvyw.carlsbadca.Qov/develoDment-fees and www.carlsbadca.aoy/development-fomis. Submittals may be rejected if the submittal package is incomplete or current forms are not used. • Items marked with an asterisk (*) must be completed by an appropriately licensed engineer. THE FOLLOWING ITEMS MUST BE INCLUDED IN THE INITIAL SUBMITTAL: All items must be submitted unless an item is marked "N/A" and initialed by city engineering personnel. ^^^^ • This submittal checklist vV 2. Transmittal from engineer of work listing all items being submitted 3. Completed and signed city Engineering Plancheck Application form 4. a) Digital submittal of plans, b) Completed digital submittal checklist, and c) Layer description -see engineering standards on city web site tor digital submittal requirements and checklist Copy of environmental clearance or completed E.I.A. form. Part 1, with copy of grading plans attached, if no prior CEQA approval 6. *Seven sets of prints ofthe grading plans folded to 9" X 12" 7. *Two sets of bound Drainage Report 8. *Two sets of bound Soils Report 9. *Two copies of earthwork quantity calculations 1^ *Two copies of engineer's cost estimate *T //.TV w^^t&of'Preliminary Title Report (issued within six months of application) itZl2..flWB copies of all signed Conditions of Approval (ifappllcable) Three sets of prints of approved site plan or tentative map signed by planner and project engineer (if applicable) 4. Three copies of Notice of Intent to Issue Coastal Development Permit, when applicable 15. Concurrent submittal required (as applicable): final/parcel map, improvement plans, easement documents, temporary construction easement for off-site grading, etc. Original and one copy of completed and signed Storm Water Compliance form per the completed Project Threat Assessment worksheet. Check type of compliance form required : DTier 2 Htier 3 Two sets of Storm Water Pollution Preveniipn Plan (SWPPP). Check type of SWPPP required using the Project Threat Assessment worksheet: DTier 2 QTier 3 Original and one copy of completed and signed Storm Water Standards Questionnaire *Two sets of Storm Water Management Plan (SWMP) (required if project is defined as a priority project per the Storm Water Standards Questionnaire or if conditioned with project) SWPPP/SWMP review fee(s), if applicable l^. Grading plancheck fee .22. Other f^J^^Pj^^^y i^JllUC ^ C^l(\\ ^4AJ^\-1\7\'L^ COMMENTS ng plancheck fee » . ^.^^-rt-^-^ • ^ ' ' DATE H-fbO)/^ SUBMITTAL COMPLETE. CHECKED BY E-8 Page 1 of 3 ER-02-01 REV 11/19/09 ^ CITY OF CARLSBAD APPLICATION ENGINEERING PLANCHECK E-23 ML Development Services Engineering Department 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov Complete all appropriate Information. Write N/A when not applicable. Project Name: Poinsettia Ridge Date: 3-30-2010 Project Description: The project proposes a single family residential home on each ofthe 16 lots of Carisbad Tract No. 04-01. Project Address: Southeast comer of Black Rail Road & Songbird Avenue Lot No(s).: 1-16 Map No.: CT 04-01 Number of Lots: 16 Number of Acres: 5.04 Gross APNfs): 215-041-30 through 215-041-45 Miles of Trails: Owner: Mailing Address: Phone Number: Fax Number: E-mail: Black Rail. LP 17140 Bemardo Center Drive San Diego, CA 92128 858-613-1800 I certify that I am the legal owner and that all the above information Is true and correct to the best of my knowledge. S-T-fO Signature:, Date: Applicant: Mailing Address: Phone Number: Fax Number: E-mail: Signature:, Warmlnofton Residential Califbmia ilngfti 3090 Pullman Street Costa Mesa. CA 92626 714-434-4325 Date: M.-1^lo Civil Engineer: Finn: Mailing Address: Phone Number: Fax Number: E-mail: Michael L. Benesh Charies H Christian MLB Engineering Geosoils Inc. 404 S. Live Oak Paric Road 5741 Palmer Way Fallbrook, CA 92028 Carisbad. Califbmia 92010 760-731-6603 760-897-2165 michael@mlbengineering.com State Registration Number: RCE 37893 Soils Engineer: Firm: Mailing Address: Phone Number: Fax Number: E-mail: State Registration Number: RGE 215 (760) 438-3155 (760) 931-0915 Additional Comments: 1. IMPROVEMENT VALUATION What water district is the proposed project located in? (check one) • Carisbad Municipal Water District • Olivenhain • Vallecitos 2. If in the Carisbad Municipal Water District, what is the total cost estimate, including the 15% contingency fee. for water and reclaimed water improvements, sewer (for Carisbad Municipal Water District only), street, public (median) landscape and irrigation, and drainage improvements (if applicable)? $ _Q cut 800 cy .cy GRADING QUANTITIES remedial cy import 0_ . cy export 800 .cy E-23 Page 1 of 2 REV 7/7/09 CITY OF CARLSBAD APPLICATION ENGINEERING PLANCHECK E-23 Development Services Engineering Department 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov APPLICATION FOR (check all that apply) FOR cmr USE ONLY APPLICATION FOR (check all that apply) Project I.D. Drawing Number Deposit /Fees Paid Comments n Adjustment Plat (ADJ) n Certificate of Compliance (CE) n Dedication of Easement (PR) Type: Tvoe: • Encroachment Permit (PR) • Final Map (FM) Q/^ding Plancheck (DWG) • Improvement Plancheck (DWG) • Parcel Map (PM) • Quitclaim of Easement (PR) Type: G Reversion to Acreage (RA) • Street Vacation (STV) • Tentative Parcel Map (MS) • Certificate of Correction (CCOR) • Covenant of Easement (PR) ~n Substantial Confonnance Exhibit (SCE) • Trails • < mile • > mile 0 t\<<^ DATE STAMP APR 0 9 2010 ENGINEERING DEPARTMENT E-23 Page 2 of 2 REV 7/7/09 OTY OF CARLSBAD CONSTRUCnON CHANGE SUBMITTAL CHECKLIST City Project No. City Drawing No. City Project Name City Project Engineer This construction change proposes the foilowing revisions: [] Sewer, Water and/or Reclaimed Water [] \^ Grading • Storm Drain or Street Other The following items need oniy be in the initial submittal: I XI 1. Fee (see current fee schedule). Fee amount collected $^ The following items must be included in each submittal: I >< I 2. Two (2) redlined grading blueprints showing changes on City approved plans, folded to 9" X 12" (Distribution: 1 Planchecker, 1 Inspection; NOTE: Additional copies may be requested). I XI 3. Letter of Transmittal (Distribution: Original to Planchecker, copy to File). \ii/f^ 4. Two (2) copies of supporting calculations, if required (Distribution: 1 Planchecker, 1 File). I 5. Previously reviewed bluelines. If any (Distribution: Planchecker). FEE Minor Construction Chance (a Minor Construction Change is a simple revision requiring no review of calculations of similar documents and that does not necessitate a review of Conditions of Approval or a Substantial Conformance determination). Major Construction Change (a Major Construction Change Is one Involving complex changes to the plans and/or changes that require review of supporting documents). SUBMITTAL COMPLETE: CHECKED BYi DATE^^/I^ COMMENTS: H:/DEVELOPMENT SERVICES/MASTTERS/Constructlon Change Submittal Checklist Revised 1/1/02 CITY OF CARLSBAD JGINEERING DEPARTMENT PLANCHECKER ASSIGNMENT FOR ENGINEERING PLANCHECKING DATE: PROJECT NAME: PROJECT NUMBER: Engineer of work: Mlfi p^6lbfeEl^lKG> Contact Person: M.llCg jSCM 65^ Address: ZOPX) U/jN^^^i]^ Pt SXe fc ^CCC^UW Chr ^XoZ3 Telephone: APPLICATION TYPE • Grading Plan • Improvement Plan • Final Map • Parcel Map • Adjustment Plat • Dedication of Easement(s) (or Covenant of Easement) • Quitclaim of Easement • Street Vacation (• Summary) • Certification of Correction • Certificate of Compliance Qk'^Constructlon Revision • DRAWING NO. ASSIGN TO: • Berryman & Henigar • Helming Engineering • PBS & J • GVP Consultant /ij) In-house; By: ^1 ^ (for) Deputy City Engineer Original to: Project File Copies to: Senior Office Specialist Assigned Planchecker PROJECT SIZE CONSULTANT'S EST. FEE cy. acres lots shts . go /dD Project Engineer: /^"^y^— Date: 37iA7 HADevelopmem Services\MASTERS\FORMS -MISCELLANEOUS .\PUNOHecKEH ASSIGNMENT SHEET 5-2-05.iloc REVISED 10/25/06 CITY OF CARLSBAD ^ENGINEERING DEPARTMENT PLANCHECKER ASSIGNMENT FOR ENGINEERING PLANCHECKING DATE: PROJECT NAME: ^QjlA-\C\'fU^<A^ ^h>^^^y7 PROJECT NUMBER: ^T^^^-tO/ Engineer of Work: /\IVL^ ^BV^vv>Q^-gr-A-T^ 7 Contact Person: Address: (^BO LA^LIAi^CT^^o QicuuH A , EsCJy^^f^C Cli Telephone: (^7^6)-79/ '.?.<r77 FAX: APPLICATION TYPE DRAWING NO. PROJECT SIZE CONSULTANT'S EST. FEE • Grading Plan cy. S^/^n^ovement Plan $ • Final Map • acres • Parcel Map lots • Adjustment Plat • Dedication of Easement(s) (or Covenant of Easement) • Quitclaim of Easement • Street Vacation (• Summary) • Certification of Correction • Certificate of Compliance 'Construction Revision • ASSIGN TO: • Berryman & Henigar • Helming Engineering ""-^ \ • Powell PBS & J ^ Project Engineer: ^\f<Nt»>0 ^ GVP Consultant • By: \t^V\Xtw> d< T^C-^ Date: (fof)^e)3uty City Engineer Original to: Assigned Planchecker Copies to: Senior Office Specialist Project File H:\Developmwit ServlcesMlMSTERSirOBMS -\MISCELLANEOUS -\PLANCHECKER ASSIGNMENT SHeET 5-2.06.*)C REVISED 5/02/05 ^Cirr OF CARLSBAD SUBMITTAL CHEC FINAL MAP, PARCEL MAP, CERTIRCATE OF COMPUANCE (IN UEU OF FINAL PARCEL MAP) City Project No. CT 04-t91 City Drawing No. FpO 04-01 City Project Name '^arY^a^ry^+r. c^ubd iViSfo City Project Engineer fr-gjnk A\<ry\p^r^ B. THE FOLLOWING ITEMS MUST BE INCLUDED IN EACH RESUBMnTAL: Project Engineer/Planchecker wlli marie items not required with N/A. Transmittal letter from the Engineer or Surveyor of Work listing all the items being submitted (Distribution: Original to Planchecker, copy to File). Copy of previous transmittal letter from the City and plandiecker's mari<ed check list (Distribution: Planchecker). sets of bluelines of the corrected map folded to 9-inch by 12-Inch or Plat and Legal Description for Certificate of Compliance, (Distribution: Planchecker, Planning, Eng P&P, RIe, Other - spedf/). Two (2) sets of bound traverse calculattons corredied as necessary, sealed and signed by the Engineer of Woric (Distributron: 1 Planchecker, 1 File). Two (2) copies of Preliminary title report (Distribution: 1 Planchecker, 1 File). All previous checkprints of maps, traverse calculations, Preliminary Title Report, subdivision guarantee, offsite easement documents, reference maps, documents and other department comments (Distribution: Planchecker). 7. Concurrent resubmittal of the following (as applkable): grading and erosion control plans, improvement plans and offsite easements (Dfetributton: Planchecker). 8. Comments from other departments: Planning , Traffic , Parks , Fire , Water Op. , Eng P&P , Other . 9. ADDmONAL ITEMS/INFORMATION REQUIRED: 2. 3. 5. 6. COMMENTS: SUBMITTAL COMPLETE. CHECKED BY DATE THEFOlLOWING ITEMS MUST BE SUBMITTED BEFORE CHY ENGINEER APPROVAL: oject Engineer/Planchecker will mark items not required with N/A. Transmittal letter from the Engineer or Surveyor of Work listing all the ibems being submitted 5istributk)n: Ordinal to Planchecker, copy to RIe). 3py of previous transmittal letter from the City and Planchecker's marked checklist (Distribution: Planchecker). Digital copy of plans in NAD 83', for Rnal and Parcel Maps only(Distribution: Eng. GIS). 7 sets of blueline prints of the corrected Map or Plat and Legal Description sealed and signed by the Itheer or Surveyor of Work (Distributron: ^Planchecker, GIS Cbordinator, Planning Sr. Management Analyst (Rnal Maps Only), Eng. Des. for Vicinity Map (Rnal Maps only), Eng P&P, RIe, Other - spedfy). Original mylars or photomylars of Map properiy sealed and signed by the Engineer or Surveyor of Work and signed by all parties that are required to sign. No mylar is required for Certificate of Compliance (Distribution: ~^anchecker). Wo (2) copies of the Subdivision Guarantee dated within 10 days of submittal (Dlstributkjn: 1 Planchecker, 1 RIe). i^wo (2) copies of Preliminary.ntle Report: dated within 10 days of submittal (Distribution: l Planchecker, l File). All Previous checkprints of Maps, Traverse Calculations, Preliminary Title Report, Subdivision Guarantee, Reference Maps, documents and other department comments (DistribuHon: Planchecker). ] 9. Tax Deposit Certificate fbr Rnal Tract Maps only (Distribution: 1 Planchecker, 1 RIe). ] 10. Proof of approval of improvement plans, grading and eroston control plans, offeite easements, required —^^ecuribes and agreements, and verifkation of payment of balance of fees (Distribution: Planchecker). I ^ .Approvals from other departments: Planninq "^^TTrafflc , Parks , Fire , Water Op. , —^^^\_Eng P&P__ Other . LS^^r^DOmONAL TTEMS/INFORMATON REQUIRED: "l^T^T nar\-infgr^rgjncf. (e.4h='r COMMENTS: SUBMITTAL COMPLETE. CHIK3<EDBY FINAL MAP-PARCEL MAP-CERTIFICATE OF COMPLIANCE IN LIEU OF FINAL PARCEL MAP SUBMITTAL CHECKUST PAGE 2 (Update<112-22-04) CITY OF CARLSBAD CONSTRUCTION CHANGE SUBMITTAL CHECKLIST City Project No. CJJ C>4r-C>\ City Project Name iA}jlJ[t>icXlO City Drawing No. 453- 3> City Project Engineer RS^L Tl/yi^^ This construction change proposes the following revisions: Q Sewer, Water and/or Reclaimed Water Storm Drain or Street [] Grading Q Other The following items need only be in the initial submittal: {^(^ Js^ee (see current fee schedule). Fee amount collected $ The followin^/ifems must be included in each submittal: XI (^Tvyo (2) redlined grading blueprints showing changes on City approved plans, folded to 9" X 12" tDistribution: 1 Planchecker, 1 Inspection; NOTE: Additional copies may be requested). .etter of Transmittal (Distribution: Original to Planchecker, copy to File). p/ilf ^plwo (2) copies of supporting calculations, if required (Distribution: 1 Planchecker, 1 File). I y^V^Previously reviewed bluelines, if any (Distribution: Planchecker). FEE Minor Construction Change (a Minor Construction Change is a simple revision requiring no review of calculations of similar documents and that does not necessitate a review of Conditions of Approval or a Substantial Conformance determination). Maior Construction Change (a Major Construction Change is one involving complex changes to the plans and/or changes that require review of supporting documents). COMMENTS H /DEVELOPMENT SERVICES/M/VSTERS/Constmaion Change Submittal Chaoklist Revised 1/1(02 MAP, PARCEL I4AP pi^CARt^Ab SUBMHTAt CHE«:i .TIFICATE OF COMPLIANCE (IN OF FINAL PARCEL MAP) City Project Name VfK f\Osf i V^-r> City Project No. OT Q4-Q'i City Drawing No. Tm Q4-DI B. THE FOLLOWING ITEMS MUST BE INCLUDED IN EACH RESUBMnTAL: Project Engineer/Planchecker will mark items nol required with N/A. City Project Engineer J -t''fa 1. Transmittal letter fi-om the EIngineer or Surveyor of Work listing all the I1:ems being submitted (Distribuljon: Original to Planchecker, copy to File). 2. Copy of previous transmittal letter from the City and planchecker's marked check list (Distribution: Planchecker). 3. sets of bluelines of ttie corrected map folded to 9-inch by 12-inch or Plat and Legal Description for Certificate of Compliance, (Distribution: Planchecker, Planning, Eng P&P, RIe, Other - spedfy). 4. Two (2) sets of bound traverse calculations corrected as necessary, sealed and signed by the Engineer of Woric (DistribuHon: 1 Planchecker, 1 File). 5. Two (2) copies of Preliminary title report (Distritxition: 1 Planchecker, 1 File). 6. All previous checkprints of maps, traverse calculations. Preliminary Title Report, subdivision guarantee, offsite easement documents, reference maps, documents and other department comments (Distribution: Planchecker). 7. Concun-ent resubmittal of tlie following (as applicable): grading and erosion conb-ol plans, improvement plans and offsite easements; (Distribution: Planchecker). 8. Comments from other departments: Planning , Traffic , Parks._ , Rre , Water Op. , Eng P&P , Other . 9. ADDITIONAL ITEMS/INFORMATION REQUIRED: COMMENTS: SUBMITTAL COMPLETE. CHECKED BY OATE THE FOLLOWING ITEMS MUST BE SUBMITTED BEFORE CITY ENGINEER APPROVAL: Project Engineer/Planchedcer will marie items not required with N/A. 1.) Transmittal letter from the Engineer or Surveyor of Woric listing all tt\e items being submitted (Distribution: Original to Planchecker, copy to RIe). Copy of previous transmittal letter from ttie Qty and Planchecker's marked checklist (Distribution: Planchedcer). Digital copy of plans in NAD 83', fbr Rnal and Parcel Maps only(Distribution: Eng. GIS). H sets of blueline prints of the corrected Map or Plat and Legal Description sealed and signed by the Engineer or Surveyor of Work (Distribution: Planchecker, GIS Coordinator, Planning Sr. Management Analyst (Rnal Maps Only), Eng. Des. for Vicinity Map (Rnal Maps only), Eng P&P, RIe, Other - specify). Original mylars or photomylars of Map properiy sealed and signed by the Engineer or Surveyor of Work and signed by all parties that are required to sign. No mylar is required for Certificate of Compliance (Distribution: Planchecker). Two (2) copies of the Sutxjivision Guarantee dated wBtlin 10 davs of submHtal frastribuBon: 1 Planchecker, 1 RIe). Two (2) copies of Prdiminary Title Report dated wittiin 10 davs of submittal (Distribution: 1 Planchecker, 1 RIe). All Previous checkprints of Maps, Traverse Calculations, Preliminary Titie Report, Subdivision Guarantee, Reference Maps, documents and other department comments (Disttibution: Planchecter). C^f^ j Tax Deposit Certificate for Rnal Tract Maps only (Distribution: 1 Planchecker, 1 RIe). Proof of approval of improvement plans^qradinq and erosion control plans, offsite easements, required urities and agreements, and vepf^^^fpayi^N: of balance of fees (Distribution: Planchecker). iprovals fi-om other departmeife Planning_J^^p^flRc , Parks , Rre , Water Op. , Eng P8tP , Ottier . vs:=r===^^^ ADDmONAL ITEMS/INFORMATON REQUIRED: COMMENTS: >, ("R OF CARLSBAD SUBMITTAL CHECKL FINAL MAP, PARCEL MAP, (TRTIFICATE OF COMPLIANCE (IN LS OF FINAL PARCEL MAP) City Project No. Qf c^-0\ City Drawing No. Vm 04 -0\ B. THE FOLLOWING ITEMS MUST BE INCLUDED IN EACH RESUBMITTAL: / Project Engineer/Planchecker will mark items not required with N/A City Project Name y(} f ncunrioy^ SuJod i \/1S ) rn^ City Project Engineer lXj\j^ Ouvi-fc^i x'j \J y' I Transmittal letter from the Engineer or Surveyor of Work listing all the items being submitted (Distribution: Original to Planchecker, copy to RIe). 7v Copy of previous transmittal letter from the City and planchecker's marked check list (Distribution: Planchecker). ^ sets of bluelines of the corrected map folded to 9-inch by 12-inch or Plat and Legal Description for Certificate of Compliance, (Distribution: Planchecker, Planning, Eng P&P, File, Other - specify). i-^fi^r) Two (2) sets of bound traverse calculations corrected as necessary, sealed and signed by the Engineer of Work (Distribution: 1 Planchecker, 1 RIe). Two (2) copies of Preliminary title report: (Distribution: 1 Planchecker, 1 RIe). All previous checkprints of maps, traverse calculations. Preliminary Title Report, subdivision guarantee, offsite easement documents, reference maps, documents and other department comments (Distribution: Pianchecker). 7. Concurrent resubmittal of the following (as applicable): grading and erosion control plans, improvement plans and offsite easements (Distribution: Planchecker). Comments ft-om other departments: Planning , Traffic , Parks , Rre , Water Op. , Eng P&P , Other . ] 9. ADOmONAL ITEMS/INFORMATION REQUIRED: COMMENTS: f / * SUBMnTAL COMPLETE. CHECKED BY -^>^:S^7 'V^J^iir^^l^^ THE FOLLOWING ITEMS MUST BE SUBMITTED BEFORE CITY ENGINEER APPROVAL: Project Engineer/Planchedcer will mark items not required with N/A. 3 1. Transmittal letter ft-om the Engineer or Surveyor of Work listing all the items being submitted (Distribution: Original to Planchecker, copy to RIe). ] 2. Copy of previous transmittal letter fi-om the City and Planchecker's marked checklist (Distribution: Planchecker). ] 3. Digital copy of plans in NAD 83', for Rnal and Parcel Maps only(Distribution: Eng. GIS). ] 4. sets of blueline prints of the corrected Map or Plat and Legal Description sealed and signed by the Engineer or Surveyor of Work (Distribution: Planchecker, GIS Coordinator, Planning Sr. Management Analyst (Rnal Maps Only), Eng. Des. for Vicinity Map (Rnal Maps only), Eng P&P, RIe, Other - specify). ] 5. Original mylars or photomylars of fvlap properiy sealed and signed by the Engineer or Surveyor of Work and signed by all parties that are required to sign. No mylar is required for Certificate of Compliance (Distribution: Planchecker). ] 6. Two (2) copies of the Subdivision Guarantee dated within 10 days of submittal (Distribution: 1 Planchecker, 1 RIe). ] 7. Two (2) copies of Preliminary Title Report dated within 10 days of submittal (Distribution: 1 Planchecker, 1 RIe). 8. All Previous checkprints of Maps, Traverse Calculations, Preliminary Title Report:, Subdivision Guarantee, Reference Maps, documents and other department comments (Distribution: Planchecker). 9. Tax Deposit Certificate for Rnal Tract Maps only (Distribution: 1 Planchecker, 1 RIe), 10. Proof of approval of improvement plans, grading and erosion control plans, offsite easements, required securities and agreements, and verification of payment of balance of fees (Distribution: Planchecker). ~\ 11. Approvals ft-om other departments: Planning , Traffic , Parks. , Rre , Water Op. , Eng P&P , Qther . 12. ADDITIONAL ITEMS/INFORMATON REQUIREO: COMMENTS: SUBMITTAL COMPLETE. CHECKED BY DATE FINAL MAP-PARCEL MAP-CERT 2.XlS I^IT OF CARLSBAD SUBMITTAL CHECKl^k^ IMPROVEMENT PLAN City Project No. City Drawing No. CT 04-01 City Project Name Yamamoto 433-3 City Project Engineer Frank Jimeno B. THE FOLLOWING ITEMS MUST BE INCLUDED IN EACH RESUBMITTAL: Project Engineer/Planchecker will mark items not required with N/A. 1. Transmittal letter from the Engineer or Surveyor of Work listing all the items being submitted (Distribution: Original to Planchecker, copy to File). Copy of previous transmittal letter from the City and Planchecker's marked checklist (Distribution: Planchecker). sets of bluelines of the corrected improvement plans folded to 9" x 12" (Distribution: Planchecker, Fire, Parks, ^Traffic, Design, Eng P&P, File, Other-specify). 4. Two (2) sets of bound Drainage Report corrected as necessary, sealed and signed by the Engineer of Work (Distribution: 1 Planchecker, 1 File). 5. Two (2) sets of bound Soils Report corrected as necessary, sealed and signed by the Soils Engineer (Distribution: 1 Planchecker, 1 File). 6. Two (2) sets Engineer's Cost Estimate corrected as necessary sealed and signed by the Engineer of Work (Distribution: 1 Planchecker, 1 File). 7. Two (2) sets of Earthwork Quantity Calculations (if applicable) corrected as necessary, sealed and signed by the Engineer of Work (Distribution: 1 Planchecker, 1 File). 8. All previous checkprints of plans, reports, calculations and estimates (Distribution: Planchecker). 9. Concurrent resubmittal (as applicable): Fioal/Parcel Map, Grading and Erosion Control Plans, and Right of Way/ Easement documents corrected as necessary when such Map, plans and documents are required. 10. Comments from other departments: Fire, Parks, ^Traffic, Design, Eng P&P, Other-specify. 11. ADDITIONAL ITEMS/INFORMATION REQUIRED: COMMENTS: SUBMITTAL COMPLETE. CHECKED BY DATE THE FOLLOWING ITEMS MUST BE SUBMITTED BEFORE CITY APPROVAL: roject Engineer/Planchecker will mark items not required with N/A. 1.) Transmittal letter from the Engineer of Work listing all the items being submitted (Distribution: Original to Planchecker, copy to File). Copy of previous transmittal letter from the City and Planchecker's marked checklist (Distribution: Planchecker). Digital copy of plans (Distribution: Eng. GIS). All previous checkprints of plans, reports, calculations and estimates (Distribution: Planchecker). sets of the corrected bluelines of the improvement plan folded to 9" X 12" (Distribution: ( Planchecker, ^ Eno P&P, / File, Other - specify). One (1) copy of signed Conditions of Approval (Distribution: Engineering Inspection). Original mylars or photomylars of the plans sealed and signed by the Engineer of Work and other required signatures (Distribution: Planchecker). " \(^^ Proof of approval of securities and agreements, and verification of payment of balance of fees (Distribution: Planchecker). Parks, X Traffic, Design, < Eng P&P, Approvals from other departments: 10. ADDITIONAL other departments: Fire, Parks, A Traffic, Design, K Eng P&P, Other. ITEMS/INFORMATION REQUIRED: ^ ~Cj0{j\^ SI ^ijAQ/)\0^ ^ryM\^ COMMENTS: SUBMITTAL COMPLETE. CHECKED BY H /DEVELOPMENT SERVICES/MASTERS/lmprouemenl Plan Submittal Checklist Page 2 DATE ^TY OF CARLSBAD SUBMITTAL CHECK^pT GRADING AND EROSION CONTROL PLAN City Project No. City Drawing No B CT 04-01 433-3A City Project Name City Project Engineer Yamamoto Frank Jimeno THE FOLLOWING ITEMS MUST BE INCLUDED IN EACH RESUBMITFAL: Project Engineer/Planchecker will mark items not required with N/A. 1. Transmittal letter from the Engineer or Surveyor of Work listing all the items being submitted (Distribution: Original to Planchecker, copy to File). 2. Copy of previous transmittal letter from the City and Planchecker's marked checklist (Distribution: Planchecker). 3. sets of bluelines of the corrected grading and erosion control plans folded to 9" X 12" (Distribution: Planchecker, Planning, Eng P&P, File, Other-specify). 4. Two (2) sets of bound Drainage Report corrected as necessary, sealed and signed by the Engineer of Work (Distribution: 1 Planchecker, 1 File). 5. Two (2) sets of bound Soils Report corrected as necessary, sealed and signed by the Soils Engineer (Distribution: 1 Planchecker, 1 File). 6. Two (2) sets Engineer's Cost Estimate corrected as necessary sealed and signed by the Engineer of Work (Distribution: 1 Planchecker, 1 File). 7. Two (2) sets of Earthwork Quantity Calculations corrected as necessary, sealed and signed by the Engineer of Work (Distribution: 1 Planchecker, 1 File). 8. All previous checkprints of plans, reports, calculations and estimates (Distribution: Planchecker). 9. Concurrent resubmittal (as applicable): Final/Parcel Map, Improvement Plans, Easement documents corrected as necessary when such Map, plans and documents are required. 10. Two (2) sets of corrected Stormwater Pollution Prevention Plan (SWPPP) (Distribution: 1 Planchecker, 1 File). 11. Comments and re-submittal for other departments: Planning , Traffic , Parks , Fire , Eng P&P Water Op. , Other . 12. ADDITIONAL ITEMS/INFORMATION REOUIRED: COMMENTS: SUBMITTAL COMPLETE. CHECKED BY DATE Ti^E FOLLOWING ITEMS MUST BE SUBMITTED BEFORE CITY APPROVAL: Project Engineer/Planchecker will mark items not required with N/A. /O Transmittal letter from the Engineer of Work listing all the items being submitted (Distribution: Original to Planchecker, copy to File). \y ^) Copy of previous transmittal letter from the City and Planchecker's marked checklist (Distribution: Planchecker). Digital copy of plans (Distribution: Eng. GIS). All previous checkprints of plans, reports, calculations and estimates (Distribution: Planchecker). -3 sets of the corrected bluelines of the grading and erosion control plan folded to 9" X 12" (Distribution: / Planchecker, / Eng P&P, / File, Other - specify). One (1) copy of Conditions of Approval (Distribution: Engineering Inspection). Two (2) copies Stormwater Pollution Prevention Plan (SWPPP) and/or Storm Water Management Plan (SWMP) (Distribution: 1 Engineering Inspection, 1 File ). i/^ (8^ Original mylars or photo mylars of the plans sealed and signed by the Engineer of Work and other required signatures (Distribution: Planchecker). Proof of approval of securities and agreements, and verification of payment of balance of fees (Distribution: Planchecker). 0^ Approvals from other departments: Planning ^ , Traffic , Parks , Fire , Eng P&P , Water Op. , Other_ 11. ADDITIONAL ITEMS/INFORMATION REQUIRED: ® COMMENTS: SUBMITTAL COMPLETE. CHECKED BY DATE GRADING AND ERO PG2 NOV 04 C1 m CI^^F CAR1.SBAD SUBMITTAL CHECKLIS^ FINAL MAP, PARCEL MAP, CERTIFICATE OF COMPLIANCE (IN UEU OF FINAL PARCEL MAP) City Project No. (2 T CH-C ( City Project Name ^jilmcLrYK fo ')Ub<ri IVi '^^l r- City Project Engineer -j-f ctiLfc- IJ (jli C-rl C City Drawing No. F|71 B. THE FOLLOWING ITEMS MUST BE INCLUDED IN EACH RESUBMITTAL: -Pspject Engineer/Planchecker will mark items not required with N/A. ^ ^^Tr^nsmlttal letter ft-om the Engineer or Surveyor of Work listing all the items being submitted "Ribution: Original to Planchecker, copy to RIe). Copy of previous transmittal letter ft-om the City and planchecker's marked check list (Distribution: Planchecker). ^ sets of bluelines of the corrected map folded to 9-inch by 12-inch or Plat and Legal Description for Certificate of Compliance, (Distribution: Planchecker. /_Planning, Eng P&P, _J RIe, Other - specify). Two (2) sets of bound traverse calculations corrected as necessary, sealed and signed by the Engineer of Worlc,(Distribution: 1 Planchecker, 1 RIe). Wo (2) copies of Preliminary title report (Distribution: 1 Planchecker, 1 RIe). All previous checkprints of maps, ttaverse calculations, Preliminary Title Report, subdivision guarantee, offsite easement documents, reference maps, documents and other department comments (Distribution: Planchecker). 7y^ Concun-ent resubmittal of the following (as applicable): grading and erosion control plans, improvement plans and offsite easements (Distribution: Planchecker). J Traffic COMMENTS: Comments ft-om other departments: Planning. Eng P&P , Other . ADDITIONAL ITEMS/INFORMATION REQUIRED: J Water Op.. DATE /'1^/dT SUBMITTAL COMPLETE. CHECKED BY C. THE FOLLOWING ITEMS MU FORE CITY ENGINEER APPROVAL: Project Engineer/Planchecker wilTmark items not required with N/A. 1. Transmittal letter ft-om the Engineer or Surveyor of Work listing all the Items being submitted (Distribution: Original to Planchecker, copy to RIe). 2. Copy of previous transmittal letter ft-om the City and Planchecker's marked checklist (Distribution: Planchecker). 3. Digital copy of plans in NAD 83', for Final and Parcel Maps only(Distributlon: Eng. GIS). 4. sets of bluellne prints of the corrected Map or Plat and Legal Description sealed and signed by the Engineer or Surveyor of Work (Distribution: Planchecker, GIS Coordinator, Planning Sr. Management Analyst (Rnal Maps Only), Eng. Des. for Vicinity Map (Rnal Maps only), Eng P&P, RIe, Other - specify). I I 5. Original mylars or photomylars of Map properiy sealed and signed by the Engineer or Surveyor of Work and signed by all parties that are required to sign. No mylar is required for Certificate of Compliance (Distribution: Planchecker). I I 6. Two (2) copies ofthe Subdivision Guarantee dated within 10 days of submittal (Distribution: 1 Planchecker, 1 RIe). I I 7. Two (2) copies of Preliminary Title Report dated within 10 days of submittal (Distribution: 1 Planchecker, 1 RIe). I I 8. All Previous checkprints of Maps, Traverse Calculations, Preliminary Title Report, Subdivision Guarantee, Reference Maps, documents and other department comments (Distribution: Planchecker). I I 9. Tax Deposit Certificate for Rnal Tract Maps only (Distribution: 1 Planchecker, 1 RIe). I I 10. Proof of approval of improvement plans, grading and erosion control plans, offsite easements, required securities and agreements, and verification of payment of balance of fees (Distribution: Planchecker). I I 11. Approvals ft-om other departments: Planning , Traffic , Parks , Rre , Water Op. , Eng P&P , Other . I I 12. ADDITIONAL ITEMS/INFORMATON REQUIRED: COMMENTS: SUBMITTAL COMPLETE. CHECKED BY DATE FINAL MAP-PARCEL MAP-CERT 2.xts cr dffl OF CARLSBAD SUBMITTAL CHECKLI^P IMPROVEMENT PLAN City Project No. City Drawing No. CT 04-01 City Project Name Yamamoto 433-3 City Project Engineer Frank Jimeno B. THE^OLLOWING ITEMS MUST BE INCLUDED IN EACH RESUBMITTAL: Pfoject Engineer/Planchecker will mark items not required with N/A. Transmittal letter from the Engineer or Surveyor of Work listing all the items being submitted .^^Distribution: Original to Planchecker, copy to File). Copy of previous transmittal letter from the City and Planchecker's marked checklist (Distribution: Planchecker). sets of bluelines of the corrected Improvement plans folded to 9" x 12" (Distribution: ^^Planchecker, Fire, Parks, / Traffic. Design, f Eng P&P, / RIe,. _Other-specify). wo (2) sets of bound Drainage Report corrected as necessary, sealed and signed by the Engineer of Work (Distribution: 1 Planchecker, 1 RIe). ] ^ Two (2) sets of bound Soils Report corrected as necessary, sealed and signed by the Soils Engineer (Distribution: 1 Planchecker, 1 File). (j pd^fe. Two (2) sets Engineer's Cost Estimate corrected as necessary sealed and signed by the Engineer of Work (Distribution: 1 Planchecker, 1 File). wo (2) sets of Earthwork Quantity Calculations (if applicable) corrected as necessary, sealed and signed by the fineer of Work (Distribution: 1 Planchecker, 1 File). revious checkprints of plans, reports, calculations and estimates (Distribution: Planchecker). 'oncurrent resubmittal (as applicable): Rnal/Parcel Map, Grading and Erosion Control Plans, and Right of Way/ Easement documents corrected as necessary when such Map, plans and documents are required. (0.) Comments from other departments: Fire, Parks, )C Traffic. Design, Eng P&P, Other-specify. 11. ADDITIONAL ITEMS/INFORMATION REQUIRED: COMMENTS: SUBMITTAL COMPLETE. CHECKED BY^ —T rBrsUBMlTTI DATE THE FOLLOWING ITEMS MUST BrSUBMITTED BEFORE CITY APPROVAL: Project Engineer/Planchecker will mark items not required with N/A. 2. 3. 4. 5. 6. 7. 9. 10. Transmittal letter from the Engineer of Work listing all the items being submitted (Distribution: Original to Planchecker, copy to File). Copy of previous transmittal letter from the City and Planchecker's marked checklist (Distribution: Planchecker). Digital copy of plans (Distribution: Eng. GIS). All previous checkprints of plans, reports, calculations and estimates (Distribution; Planchecker). sets of the corrected bluelines of the Improvement plan folded to 9" X 12" (Distribution: Planchecker, Eng P&P, File, Other - specify). One (1) copy of signed Conditions of Approval (Distribution: Engineering Inspection). Original mylars or photomylars of the plans sealed and signed by the Engineer of Work and other required signatures (Distribution; Planchecker). Proof of approval of securities and agreements, and verification of payment of balance of fees (Distribution: Planchecker). Approvals from other departments: _Flre, Parks, ^Traffic, Design, Eng P&P, ^Other. ADDITIONAL ITEMS/INFORMATION REQUIRED: COMMENTS: SUBMITTAL COMPLETE. CHECKED BY DATE H:/DEVEL0PMENT SERVICES/MASTERS/lmprovement Plan Submittal Ctiecklist Page 2 C]|^OF CARLSBAD SUBMITTAL CHECKLI^ GRADING AND EROSION CONTROL PLAN CT 04-01 City Project No. City Drawing No. B. THE FOLLOWING ITEMS MUST BE INCLUDED IN EACH RESUBMITTAL: 433-3A City Project Name City Project Engineer Yamamoto Frank Jimeno .Puject Engineer/Planchecker will mark items not required with N/A. ^Transmittal letter from the Engineer or Surveyor of Work listing all the items being submitted (pistrlbution: Original to Planchecker, copy to File). Copy of previous transmittal letter from the City and Planchecker's marked checklist (Distribution: Planchecker). Z' fST^ . ^sets of bluejjnes ofthe corrected grading and erosion control plans folded to 9" X 12" (Distritiutlon: ^ Planchecker, / Planning, £Eng P&P, f File, Other-specify). •^{/^Ty j'fi'o (2) sets of bound Drainage Report corrected as necessary, sealed and signed by the Engineer of Work (Distribution: 1 Planchecker, 1 File) ^ Two (2) sets of bound Soils Report corrected as necessary, sealed and signed by the Soils Engineer (Distribution: 1 Planchecker, 1 RIe). AJ^-'^ u^eL^i 6^/-Two (2) sets Engineer's Cost Estimate corrected as necessary sealed and signed by the Engineer of Work (Distribution: 1 Planchecker, 1 File). 7. J-Two (2) sets of Earthwork Quantity Calculations corrected as necessary, sealed and signed by the Engineer of Work (Distribution; 1 Planchecker, 1 File). 2^ All previous checkprints of plans, reports, calculations and estimates (Distribution: Planchecker). Concurrent resubmittal (as applicable): Final/Parcel Map, Improvement Plans, Easement documents corrected ^,.--^as necegacy-when such Map, plans and documents are required. ^^p'Two (2) sets of corrected Stormwater Pollution Prevention Plan (SWPPP) (Distribution: 1 Planchecker, 1 File). (ll^'^^ments and re-submittal for other departments: Planninq ^ . Traffic , Parks_ -^^^^ Water Op. , Other . ] 12. ADDITIONAL ITEMS/INFORMATION REOUIRED: _, Fire , Eng P&P_ COMMENTS: 3 :^iil6MlT7E SUBMITTAL COMPLETE. CHECKED BY DATE c. THE FOLLOWING ITEMS MUSfBE^iU6MlT7ED BEFORE CITY APPROVAL: Project Engineer/Planchecker will mark items not required with N/A. 1. Transmittal letter from the Engineer of Work listing all the items being submitted (Distribution: Original to Planchecker, copy to File). 2. Copy of previous transmittal letter from the City and Planchecker's marked checklist (Distribution: Planchecker). 3. Digital copy of plans (Distribution: Eng. GIS). 4. All previous checkprints of plans, reports, calculations and estimates (Distribution: Planchecker). 5. sets of the corrected bluelines of the grading and erosion control plan folded to 9" X 12" (Distribution: Planchecker, Eng P&P, File, Other - specify). 6. One (1) copy of Conditions of Approval (Distribution: Engineering Inspection). 7. Two (2) copies Stormwater Pollution Prevention Plan (SWPPP) and/or Storm Water Management Plan (SWMP) (Distribution: 1 Engineering Inspection, 1 File ). 8. Original mylars or photo mylars of the plans sealed and signed by the Engineer of Work and other required signatures (Distribution: Planchecker). 9. Proof of approval of securities and agreements, and verification of payment of balance of fees (Distribution: Planchecker). 10. Approvals from other departments; Planning , Traffic , Parks , Fire , Eng P&P , Water Op. , Other_ 11. ADDITIONAL ITEMS/INFORMATION REQUIRED: COMMENTS: SUBMITTAL COMPLETE. CHECKED BY DATE GRADING AND ERO PG2 NOV 04 J 1^1 CITY OF CARLSBAD SUBMITTAL CHECKLIST GRADING AND EROSION CONTROL PLAN CT 04-01 City Project No. City Drawing No. B. THE FOLLOWING ITEMS MUST BE INCLUDED IN EACH RESUBMITTAL: 'reject Engineer/Planchecker will mark items not required with N/A. 433-3A City Project Name City Project Engineer Yamamoto Frank Jimeno /Proj Transmittal letter from the Engineer or Surveyor of Work listing all the items being submitted (Distribution: Original to Planchecker, copy to File). Copy of previous transmittal letter from the City and Planchecker's marked checklist (Distribution: Planchecker). S" sets of bluelines of the corrected grading and erosion control plans folded to 9" X 12" RIe,. . Other-specify). (Distribution: ^ Planchecker, / Planning, J_ Eng P&P, _^ ^/^-t^ I j/^\/^ Two (2) sets of bound Drainage Report corrected as necessary, sealed and signed by the Engineer of Work _ — (Distribution; 1 Planchecker, 1 File). Two (2) sets of bound Soils Report corrected as necessary, sealed and signed by the Soils Engineer (Distribution; 1 Planchecker, 1 RIe). <^^d^tt. Two (2) sets Engineer's Cost Estimate corrected as necessary sealed and signed by the Engineer of Work (Distribution: 1 Planchecker, 1 File). Two (2) sets of Earthwork Quantity Calculations corrected as necessary, sealed and signed by the Engineer of Work (Distribution: 1 Planchecker, 1 File). ^" P''6^'°'JS checkprints of plans, reports, calculations and estimates (Distribution: Planchecker). Concurrent resubmittal (as applicable): Final/Parcel Map, Improvement Plans, Easement documents corrected as necessary when such Map, plans and documents are required. Two (2) sets of corrected Stormwater Pollution Preventlon^n (SWPPP) (Distribution: 1 Planchecker, 1 File). (Tp Comments and re-submittal for other departments: Planning , Traffic , Parks , Fire , Eng P&P_ Water Op. , Other . 12. ADDITIONAL ITEMS/INFORMATION REOUIRED: COMMENTS: SUBMITTAL COMPLETE. CHECKED BY DATE as THE FOLLOWING ITEMS MUST BE SUBMITTED BEFORE CITY APPROVAL: Project Engineer/Planchecker will mark items not required with N/A. 1 I 1. 2. 3. 4. 5. 6. 7. 9. 10. 11. Transmittal letter from the Engineer of Work listing all the items being submitted (Distribution; Original to Planchecker, copy to File). Copy of previous transmittal letter from the City and Planchecker's marked checklist (Distribution; Planchecker). Digital copy of plans (Distributton; Eng. GIS). All previous checkprints of plans, reports, calculations and estimates (Distribution; Planchecker). sets of the corrected bluelines of the grading and erosion control plan folded to 9" X 12" (Distribution; Planchecker, Eng P&P, File, Other - specify). One (1) copy of Conditions of Approval (Distribution: Engineering Inspection). Two (2) copies Stormwater Pollution Prevention Plan (SWPPP) and/or Storm Water Management Plan (SWMP) (Distribution; 1 Engineering Inspection, 1 File ). Original mylars or photo mylars of the plans sealed and signed by the Engineer of Work and other required signatures (Distribution; Planchecker). Proof of approval of securities and agreements, and verification of payment of balance of fees (Distribution; Planchecker). Approvals from other depart:ments: Planning , Traffic , Parks , Fire , Eng P&P , Water Op. , Other_ ADDITIONAL ITEMS/INFORMATION REQUIRED: COMMENTS: SUBMITTAL COMPLETE. CHECKED BY DATE GRADING AND ERO PG2 NOV 04 CITY OF CARLSBAD SUBMITTAL CHECKUST FINAL MAP, PARCEL MAP, CERTIFICATE OF COMPLIANCE (IN LIEU OF FINAL PARCEL MAP) City Project Name M/UDO H> S ^jUp/tLVL ^ i frr^ City Project Engineer TrtL nX KJL A7 ^,A D City Project No. City Drawing No. _ THE FOLLOWING ITEMS MUST BE INCLUDED IN EACH RESUBMITTAL: Project Engineer/Planchecker will mark items not required with N/A. 1. Transmittal letter from the Engineer or Surveyor of Work listing all the items being submitted (Distribution: Original to Planchecker, copy to RIe). 2. Copy of previous transmittal letter ft-om the City and planchecker's marked check list (Distribution; Planchecker). 3. <fe sets of bluelines of the con-ected map folded to 9-inch by 12-inch or Plat and Legal Description for Certificate of Compliance, (Distribution: to-Planchecker, j Planning. / Eng P&P, / RIe. / Other - specify). 5. 6. Two (2) sets of bound traverse calculations corrected as necessary, sealed and signed by the Engineer of Work (Disbibution: 1 Planchecker, 1 RIe). Two (2) copies of Preliminary title report (Distribution: 1 Planchecker, 1 RIe). All previous checkprints of maps, fraverse calculations, Preliminary Title Report, subdivision guarantee, offsite easement documents, reference maps, documents and other department comments (Distribution; Planchecker). Concun-ent resubmittal ofthe following (as applicable): grading and erosion conttol plans, improvement plans and offsite easements (Distribution; Planchecker). Comments ft-om other departments; Iflanninq ^^raffic , Parks , Rre , Water Op._ Eng P&P , Other . COMMENTS ADDITIONAL ITEMS/INFORMATION REQUIRED^r, A^S lt,tSO^ 14-^^ livM SUBMITTAL COMPLETE. CHECKED &Y DATE THE FOLLOWING ITEMS MUST BE SUBMITTED BEFORE CTTY ENGINEER APPROVAL: Project Engineer/Planchecker will mark items not required with N/A. 2. 3. 4. 5. 5. 7. 8. 9. 10. 11. Transmittal letter from the Engineer or Surveyor of Work listing all the items being submitted (Distribution: Original to Planchecker, copy to RIe). Copy of previous transmittal letter ft-om the City and Planchecker's marked checklist (Distribution; Planchecker). Digital copy of plans in NAD 83', ftDr Rnal and Parcel Maps only(Distribution; Eng. GIS). sets of blueline prints of the corrected Map or Plat and Legal Description sealed and signed by the Engineer or Surveyor of Work (Disbibution: Planchecker, GIS Coordinator, Planning Sr. Management Analyst (Rnal Maps Only), Eng. Des. for Vicinity Map (Rnal Maps only), Eng P&P, RIe, Other - specify). Originai mylars or photomylars of Map properiy sealed and signed by the Engineer or Surveyor of Work and signed by all parties that are required to sign. No mylar is required for Certificate of Compliance (Distribution: Planchecker). Two (2) copies of the Subdivision Guarantee dated within 10 days of submittal (Distribution: 1 Planchecker, 1 RIe). Two (2) copies of Preliminary Title Report dated within 10 days of submittal (Distribution; 1 Planchecker, 1 RIe). All Previous checkprints of Maps, Traverse Calculations, Preliminary Title Report:, Subdivision Guarantee, Reference Maps, documents and other department comments (Distribution; Planchecker). Tax Deposit Certificate for Rnal Tract Maps only (Distribution: 1 Planchecker, 1 File). Proof of approval of improvement plans, grading and erosion control plans, oflsite easements, required securities and agreements, and verification of payment of balance of fees (Distribution; Planchecker). Approvals ft-om other departments; Planning , Traffic , Parks , Fire , Water Op. , Eng P&P , Other . 12. ADDITIONAL ITEMS/INFORMATON REQUIREO: COMMENTS: SUBMITTAL COMPLETE. CHECKED BY DATE FINAL MAP-PARCEL MAP-CERT 2.1<ls CITY OF CARLSBAD SUBMITTAL CH IMPROVEMENT PLAN ^1 LIST City Project No. City Drawing No. CT 04-01 City Project Name Yamamoto 433-3 City Project Engineer Frank Jimeno B THE FOLLOWING ITEMS MUST BE INCLUDED IN EACH RESUBMITTAL: Project Engineer/Planchecker will mark items not required with N/A. I Transmittal letter from the Engineer or Surveyor of Work listing all the items being submitted (Distribution: Original to Planchecker, copy to File). ^7) Copy of previous transmittal letter from the City and Planchecker's marked checklist (Distribution; Planchecker). /^TS ^ sets of bluelines of the corrected improvement plans folded to 9" x 12" (Distribution; Planchecker. / Rre, Parks, { Traffic, Design, / Eng P&P,./ File, Other-specify). Two (2) sets of bound Drainage Report corrected as necessary, sealed and signed by the Engineer of Work (Distribution: 1 Planchecker, 1 File). wo (2) sets of bound Soils Report corrected as necessary, sealed and signed by the Soils Engineer (Distribution; 1 Planchecker, 1 File). Op^'^ />JH^ Two (2) sets Engineer's Cost Estimate corrected as necessary sealed and signed by the Engineer of Work (Distribution; 1 Planchecker, 1 File). T 7. Two (2) sets of Earthwork Quantity Calculations (if applicable) corrected as necessary, sealed and signed by the Engineer of Work (Distribution: 1 Planchecker, 1 File). All previous checkprints of plans, reports, calculations and estimates (Distribution: Planchecker). 3 ^ Concurrent resubmittal (as applicable); Final/Parcel Map, Grading and Erosion Control Plans, and Right of Way/ Easement documents corrected as necessar«^hen such Map, plaps and documents are required. Comments from other departments; X Parks, Traffic Design, Eng P&P, Other-specify. \(^ ADDITIONAL ITEMS/INFORMATION REQUIRED: COMMENTS: %\a(K f^Jj 9^ CXCT^f? ."^^.V^S SUBMITTAL COMPLETE. CHECKED BY ^.^y^^^^ ^-^1^ DATE C. THE FOLLOWING ITEMS MUST BE SUBMITTED BEFORE CITY APPROVAL: Project Engineer/Planchecker will mark items not required with N/A. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Transmittal letter from the Engineer of Work listing all the items being submitted (Distribution; Original to Planchecker, copy to File). Copy of previous transmittal letter from the City and Planchecker's marked checklist (Distribution: Planchecker). Digital copy of plans (Distribution: Eng. GIS). All previous checkprints of plans, reports, calculations and estimates (Distribution; Planchecker). sets of the corrected bluelines of the improvement plan folded to 9" X 12" (Distribution; Planchecker, Eng P&P, File, Other - specify). One (1) copy of signed Conditions of Approval (Distribution: Engineering Inspection). Original mylars or photomylars of the plans sealed and signed by the Engineer of Work and other required signatures (Distribution; Planchecker). Proof of approval of securities and agreements, and verification of payment of balance of fees (Distribution: Planchecker). Approvals from other depart:ments: _Rre, Parks, Traffic, Design, Eng P&P, Other. ADDITIONAL ITEMS/INFORMATION REQUIRED: COMMENTS: SUBMHTAL COMPLETE. CHECKED BY DATE H;/DEVEL0PMENT SERVICES/MASTERS/lmprovement Plan Submittal Checklist Page 2 Revised 3/13/02 CITY OF CARLSBAD SUBMITTAL CHECKLIST EASEMENT AND COVENANT FOR EASEMENTS City Project No. City Project Name Uii'^y^a. City Drawing No. _ City Project Engineer PLEASE NOTE: • To Insure the timely processing of Easement Dedications, Covenants and Quitclaims for development projects in the City, those submitting Easements for City review should check their submittal packages for completeness and compliance to the following checklist. Applicants are required to acknowledge completeness by initialing the spaces provided for each item. City staff will inventory these items upon submittal. • Unless specifically marked "N/A" (not applicable) and initialed by the City Project Engineer, all items listed are required to be submitted. • Please do not detach this checklist when attached to the Easement documents. This checklist is a part of the Easement documents check comments. • Should you have any questions, please contart the City Engineering Department, Development Services. THXFOLLOWING ITEMS MUST BE INCLUDED IN THE INITIAL SUBMITTAL: ransmittal letter from the Engineer or Surveyor of Work listing all the items being submitted (Distribution: Original to Planchecker, copy to RIe). Engineering Plancheck Application form completed and signed by Owner/Applicant (Distribution: Original to File, copy to Planchecker). Two (2) sets of the Preliminary Title Report issued within 6 months of application submittal (Distribution: 1 Planchecker, 1 File). Three (3) sets of typewritten Legal Description of the Easement Dedicatton or Covenant marked Exhibit "A" on 8 1/2" X ir size paper completed by a Licensed Land Surveyor or appropriately Licensed Engineer. The area (in square feet or acres) to be dedicated or covenanted, shall be called out on the Legal Description (Distribution: 2 Plancheker, 1 File). Three (3) sets of plat to illustrate Easement Dedication, or Covenant on 8 1/2" X 11" size paper completed by a Licensed Land Surveyor or appropriately Licensed Engineer. Each Plat shall as a minimum show the following data: (Distribution: 2 Planchecker, 1 File) ~\ The Easement to be dedicated, or covenanted ~\ North arrow and scale and bar scale ~\ Street name(s) and width(s) ~\ Lot/parcel number(s), subdivision name(s) and map number(s) ] Black border and title box ] Plat marked as Exhibit "B" J Any existing structures affected ~\ Matches legal description and calculations exactly I i^^^JX'*to (2) sets of bound Traverse Calculations of the area to be dedicated or covenanted completed by y' /->^ Licensed Land Surveyor or appropriately Licensed Engineer (Distribution: Original to Planchecker, copy to file). ^^^^rocessing fee (see current fee schedule). ^ ^^^.(D ^ ] 8. ADDITIONAL ITEMS/INFORMATION REQUIRED: COMMENTS SEE REVERSE SIDE H:/DEVEL0PMENT SERVICES/MASTERS/Easement and Covenant tor Easements Submittal Checklist y • \ V Revised 1/14/02 CITY OF CARLSBAD ilNEERING DEPARTMENT DATE : 9 A 7/)/' PLANCHECKER ASSIGNMENT FOR ENGINEERING PLANCHECKING PROJECT NAME: ^/l^ ^ PROJECTmmE^i/ C'^o^/ Ql Engineer of Work: Address: Telephone: Contact Person: FAX: DRAWING NO. APPLICATION TYPE • Grading Plan • Improvement Plan • Final Map • Parcel Map • Adjustment Plat Dedicatiooof Easement(s) t^C'-/Q 6 (or Covenant of Earaement) Quitclaim of Easement Street Vacation (• Summary) Certification of Correction Certificate of Compliance Construction Revision PROJECT SIZE CONSULTANT'S EST. FEE • • • • • • cy. acres lots shts ASSIGN TO: By: (^^t-^erryman & Henigar • Helming Engineering • Powell PBS & J • GVP Consultant • In-house: Ity City Engineer Original to: Assigned Planchecker Copies to: Project Engineer Office Specialist Project File ^ Project Engineer: ^Ji/VVl^A^O Date: H:\Oevelopmwl SarvjCM\MASTERS\FOflMS -VMISCELLANEOUS -\PLANCHECKER ASSIGNMENT SHEET (Z03).|joc CI^P^ARLSBAD - ENGINEERING DEI AflklLNI APPLICATION ENGINEERING PLAN CHECK Complete all appropriate information. Write N/A when not applicable. DATE: ^l2clOS~ PROJECT NAME: VIXAWAOTD ^fe.J>gt;z<>gtoM PROJECT DESCRIPTION: CT O^-OX PROJECT ADDRESS: 6u^C\e. ^tlL QoAD ^ ^ao^CgT/gf^ LOT NO(S).: NUMBER OF LOTS: MAP NO. APN(S).: NUMBER OF ACRES: OWNER: Mailing Address Phone Number: Fax Number: E-Mail: JM ^ 2» (^maiDti^ Mailing Address: lRB0iftg»r> fii <^jr- 8^3 6HOO I certify that I am the legal owner and that all the above information is true and^correct to the best of my knowledge. Signature: APPLICANT: Ae.CjLU>lAH - l\tAES iQg- Phone Number: gS"8-/o7C-^V<ap Fax Number: E-Mail: Signature: Date: CIVIL ENGINEER: lAll^lM^e/- tS^g^H FIRM: MLR ^»ka<lggailAil^ Mailing Address: <^ ^Mp£g»^ Qr»g Phone Number: TV/" 3$"// Fax Number: T^-^l?" ^(^S^ E-Mail: A)mi^9iP^ ftv^X,AJ^ State Registration Number: SOILS ENGINEER: FIRM: Mailing Address: Phone Number: Fax Number: E-Mail: state Registration Number: ADDmONAL COMMENTS: IMPROVEMENT VALUATION 1. What water district is the proposed project located in? (check one) ]Carisbad Municipal Water District Qoilvenhaln ^1 Qvallecitos 2. If in the Carisbad Municipal Water District, what is the total cost estimate, including the 15% contingency fee, for water and reclaimed water improvements, sewer (for Carlsbad Municipal Water District only), street, public (median) landscape and irrigation, and drainage improvements (if applicable)? $ 6^ cut^,Oao cy fill .cy GRADING QUANTITIES remedial "S^^^ cy import. cy export Y\B^ cy SEE REVERSE SIDE H:/DEVEL0PMENT SERVICES/MASTERS/Application lor Enflineering Plan Check Revised 1/14/02 jrt'i-.- •'•7iii'.WWWIIIs.iU^t,ailiBWIIIIHMPUIil»^^^ " ' -.fe.;. l*i<it4..4HMail Cm^^^^BAD - ENGINEERING DEPA^CfNT^^"^ APPUCATION ENGINEERING PLAN CHECK Complete all appropriate Information. Write N/A when not applicable. APPLICATION FOR ( •all that apply) PROJECT I.D. FOR CITY USE ONLY DRAWING I DEPOSIT/FEES I COMMENTS NUMBER I PAD • Adjustment Plat (ADJ) [] certificate of Compliance (CE) Q Dedication of Easement (PR) Type: . Cni-oK Q Dedication of Easement (PR) Type: . Type: Type: [] Encorachment Permit (PR) • Final Map (FM) • Grading Plancheck (DWG) Q Improvement Plancheck (DWG) • Parcel Map (PM) Q Quitclaim of Easement (PR) Type: Q Quitclaim of Easement (PR) Type: Type: Type: Q Reversion to Acreage (RA) [] Street Vacation (STV) [] Tentative Parcel Map (MS) Q Certificate of Correctton (CCOR) [] Covenant of Easement (PR) Q Substantial Conformance Exhibit (SCE) • Other u.inetiei nmaCMT emnrcaMjaCTCRS/Annlmrilnn tnr CwwIwHnw Pkm Chfli Pan* 9 ftevtaed 1/1402 CITY OF CARLSBAD SINEERING DEPARTMENT DATE: l/^c//^ PLANCHECKER ASSIGNMENT FOR ENGINEERING PLANCHECKING PROJECT NAME: ^ObA^^t^^-cj^ SXJi. fSr'cgh PROJECT NUMBER: O^Q Y-Q / Engineer of Work: /1A ^e^^^ Contact Person: (YXr^J^-^oaal (SgtAc^ Address: ^OO S ^ J\^Jr^€^^e^ Qy- ^-^^ E f:S f^jh f.O^'^ Telephone: C/Go) ^7^/ '^^77 APPLICATION TYPE CT^rading Plan CJ Improvement Plan nCf'\r\a\ Map • Parcel Map • Adjustment Plat • Dedication of Easement(s) (or Covenant of Easement) • Quitclaim of Easement • Street Vacation {• Summary) • Certification of Correction • Certificate of Compliance • Construction Revision • DRAWING NO. ASSIGN TO: 'jgf Berryman & Henigar • Helming Engineering • Powell PBS & J • GVP Consultant • In-house: Original to: Assigned Planchecker Copies to: Senior Office Specialist Project File FAX: PROJECT SIZE CONSULTANT'S EST. FEE lots acres Oui '10 i"-'{ancnecker shts Project Engineer: fj Jf^/ygj^^Q Date: HAOevelopmem ServicesvMASTERSVFORMS -IMlSCELLftNEOUS -(PIANCHECKER ASSIGNMENT SHEET 1IVS-04.doc REV tO/6/1004 CmrWCARLSBAD - ENGINEERING DEP/ APPUCATION ENGINEERING PLAN CHECK Complete all appropriate Information. Write N/A when not applicable. PROJECT NAME: VrA>^^vV\Q^-0 SobAiVCWOQ PROJECT DESCRIPnON: CX QlA-ni DATE: 6/6 /O^ PROJECT ADDRESS: BUclc 1^(1 Q.r^A Q 4nArjh/>rf A\]e. LOT NO(S).: MAP NO.: APN(S).: NUMBER OF LOTS: ik NUMBER OF ACRES: OWNER: /AcColioa^^k-Al^ Ct>.0. Mailing Address: l)iZ& j^Wo &a([c^^ ^Zo^ Phone Number: 6Sd> ^7S-C^<>'' Fax Number: g^fi 673-6^Z>2- E-Mail: I certify that I am the legal owner and ttiat all ttie above information is hue and correct to th^Jj^ of my knowledge. Signature: Date: ^X^" APPLICANT: Mailing Address: Phone Number: Fax Number: E-Mail: Signature: 8s& (oi^'Czzz. Zt s* [>ate: dVIL ENGINEER: M.^hoc/ (heAd^k FIRM: MLih fAojineieNn^ Mailing Address: C>o^ An ^fz<K}iCf\ f)r. Phone Number: 1 Co 7V/ 3g;/ Fax Number: 7/^6 /597 2l&S E-Mail: /Mi.y3>£A/£^H^ PAcfeCU.A/£r State Registratfon Number: HcC Z7S93> SOILS ENGINEER: FIRM: Mailing Address: Phone Number: Fax Number: E-Mail: State Registration Number: ADDITIONAL COMMENTS: IMPROVEMENT VALUATION 1. What water district Is the proposed project located in? (check one) arisbad Municipal Water District Qoilvenhain [3<^artebi Qvallecitos 2. If in the Cadsbad Municipal Water Disb-kl, wliat is the total cost estimate. Including tlie 15% contingency fee, fbr water and reclaimed water improvements, sewer (fbr Carlsbad Munidpal Water District only), street^ public (median) landscape and irrigation, and drainage improvements (ifappifcaWe)? $ Hit,OOQ cut^^.ooQ cv fill cy GRADING QUANTITIES remedial "3. Sbo cy import cy export/9.8CK? cv CITY OF CARLSBAD - ENGINEERING DEPARTMENT APPUCATION ENGINEERING PLAN CHECK Complete all appropriate information. Write N/A when not applicable. APPUCATION FOR ( ^ all that apply) FOR CITY USE ONLY APPUCATION FOR ( ^ all that apply) PROJECT I.D. MUWING NUMBER DEPOSIT/FEES 1 COMMENTS PAID 1 Q Adjustment Plat (ADJ) Q Certificate of Compliance (CE) Q Dedication of Easement (PR) Type: Q Dedication of Easement (PR) Type: Type: Type: n Encorachment Pennit (PR) Final Map (FM) Grading Plancheck (DWG) Q^^provement Plancheck (DWG) • Parcel Map (PM) / Q Quitclaim of Easement (PR) Type: Q Quitclaim of Easement (PR) Type: Type: Type: [] Reversbn to Acreage (RA) [] Street Vacatran (STV) [] Tentative Parcel Map (MS) Q certificate of Correction (CCOR) Q Covenant of Easement (PR) Q Substantial Confomiance Exhibit (SCE) • Other •^X V JUL 2 0 2005 ENGINEERING DEPARTMENT DATE STAMP APPUCATON RECEIVED CITY OF CARLSBAD ENGINEERING DEPARTMENT SUBMITTAL CHECKLIST IMPROVEMENT PLAN SUBMITTAL Drawing No. ^(^0^ % "r ' Project No. CX OMProject Name S.CU/^r^hJ^ €XAfs.^^ City Project Engineer fv'cuAk^ rV>rYienft Telephone: C-^c^o) CPO 2- - 2-7 City Planchecker '/b 4 ^ Telephone A. T^^OLLOWING ITEMS MUST BE SUBMITTED FOR INITIAL PLANCHECK: Project Engineer/Planchecker will mark items not required with N/A. 1. Transmittal letter from Engineer of Work listing all items being submitted (Distribution: Original to Planchecker, copy to File). Completed and signed Application (copy Planchecker). a) Digital submittal of plans, b) Completed digital submittal checklist, c) Layer description (Distribution: Eng P&P). -see Engineering Standards for digital submittal requirements and ctiecidist on City website (www. ci. carlsbad. ca. us/cserv/engin.html) GopV of environmental clearance or completed E.I.A. form, Part 1 (Distribution: Planning). Eight (8) sets of blueline prints of the Improvement plans folded to 9" X 12' (Distribution: Planchecker, Fire, Parks, Traffic, Eng P&P, Design,. .File, Other-specify). Two (2) sets of bound Drainage Report (Distribution: 1 Planchecker, 1 File). ir^^/^^^^Jj,^-^^ (2) sets of bound Soils Report (Distribution: 1 Planchecker, 1 File). ^ / \C^ \ 8. Twp^) copies of Earthwork Quantity Calculations and street cross sections (if applicable) ^ ^^^.....^-^-^istribution: 1 Planchecker, 1 File). uA^kf^^ a/Vwo (2) copies of Engineer's Cost Estimate (for bonds) (Distribution: 1 Planchecker, 1 File). 'iOT^wo (2) cqpJ|s.of.££eliminary Title Report issued within 6 months of submittal (Distribution: 1 Planchecker, 1 RIe). T$ Two (2) copies of all projects signed Conditions of Approval (if applicable) (Distribution: 1 Planchecker, 1 File). One (1) bluellne print of approved Site Plan or Tentative Map signed by Project Planner and Engineer (ifappllcable) (Distribution: Planchecker). I AJ^/Vl 13. Two (2) sets of Water System Analysis (if in CMWD) (Distribution: 1 Planchecker, 1 File) |Aj/y- I 14. Two (2) sets of Sewer Study (if in CMWD) (Distribution: 1 Planchecker, 1 File). <4/| tAft(J I 15. Reference drawings and Maps as required (identify Items) (Distribution: Planchecker). I 16. Concurrent submittal (as applicable): Final/Parcel map, Grading Plans, Easement Documents, Temporarv Construction Easement for Off-Site Grading, etc. I cy\ 17. Plancheck fee (see fee schedule). I I 18. Other COMMENTS: NOTE: INCOMPLETE SUBMITTALS MAY BE RETURNED UNCHECKED. SUBMITTAL COMPLETE: CHECKED BY: DATE. •^^ RSE SIDE CITY OF CARLSBAD ENGINEERING DEPARTMENT SUBMITTAL CHECKUST GRADING AMP EROSlOli CXMCTROL PLAN SUBMITTAL Drawing No. ProffectNo. Project Name Project Engineer PlandMdcer lb4^ Telephone UOl -^-TS^ Telephone A. ^JfiE iK>LlJOWING ITEMS MUST BE SUBMITTED FOR INITIAL PLANCHECK: / Project Engineer/Planchecker wili mark items not required with N/A. / v-^ I 1. Transmittal letter from Engineer of Wortc listing all Items being submitted (Distnbution: Original to Planchecker, copy to File). Vo / ItACtP I 2. Completed and signed Application (Distribution: Copy Planchecker, original to file). A^^-d^fe^ W/ 3. a) Digital submittal of plans, b) Completed digital submittal checklist, c) Layer description ^ (Distribution: Eng. P&P). ^see Engineering aandards fix-digitalsubmimi requirements and cheddist on Oty website (www.ci.caHsbad.ca.u^/cserv/engin \^\A^^^/i. Copy of environmental clearance or completed E.IA. fonn, Part 1 (Distribution: Planning). ^> 5%^ CO yiy]^-^- Six (6) s«s of blueline prints of the grading and erosion control plans folded to 9" X 12" ^ (Distributton: Planchecker, Planning, Eng P&P, RIe, ___OBier-spedfy). .Planchecker,. .Planning,. _Eng P&P,. _Rle,. (2) sets of bound Drainage Report (Distribution: 1 Planchecker, 1 RIe). (2) sets of bound Soils Report (Distribution: 1 Planchecker, 1 RIe). (2) copies of Earthworic Quantity Calculations'(Distribution: 1 Planchecker, 1 RIe). ' (2) copies of Engineer's Cost Estimate (for bonds) (Distribution: 1 Planchecker, 1 RIe). _10;3rwo (2) copies of Preliminary Titte Report issued within 6 months of submittal (Distribution: 1 Planchecker, 1 RIe). Sfi (f^^^P Two (2) copies of all project signed Conditions of Approval (if applicable) (Distribution: 1 Planchecker, 1 RIe). le (1) blueline print of approved Site Plan or Tentative Map signed by Project Planner and Engineer (if applicable) (Distribution: Planchecker). One (1) copy of Coastal Development Permit Conditions if issued by Califomia Coastal District (Distributton: Planchecker). Grading Plancheck fee (see fee schedule). 15. Concurrent submittal (as applkrable): Rnal/Parcel map. Improvement Plans, Easement Documents, / Temporary Constmction Easement for Off-Site Grading. 16. Tjwot2) sets of Stomnwater Pollution Prevention Plan (SWPPP) for projects of one (1) acre or greater or if conditioned with project (Distnbution: 1 Planchecker, 1 RIe). 17. Two (2) sets of Storm Water Management Plan (SWMP); Required if project is defined as a prtority project per SUSMP or if conditioned with project. (Distribution: 1 Planchecker, 1 RIe). I \/ \ 18. SWPPP/SWMP review fee, if applicable (see fee schedule). I I 19. aher COMMENTS: NOTE: INCOMPLETE SUBMITTALS MAY BE RETURNED UNCHECKED. SUBHITTAL COMPLETE: CHECKED BY: E SIDE DATE: CLT cU'O) r CITY OF CARLSBAD ENGmEERING DEPARTMENT SUBMITTAL CHECKLIST FINAL MAP, PARCEL MAP, CERTIFICATE OF OOHPUAWCE CH UEU OF FINAL PARCEL MAP) Drswing Now Project No. City Project Engineer City Planchedcer Project Nenie Telephone r7C?o)(po7 •P-l^^ OLL0WIN6 ITEMS MUST BE SUBMITTED FOR INITIAL PLANCHECK: En^neer/Piancheclcer will marie items not required with N/A. Tjransmiaal letter from Bigineer of Work listing all Items being submitbed (Distribution: Original to /Planchedcer, copy to RIe). Completed and signed aty Engineering Plancheck Applicatton Form (Distribution: Planchecker) a) Pignal submittal of plans, b) Completed cHgltal submittal cheddist, c) Layer description t)isb1bution: Eng. P&P). -see Engineering Standards for diffKalsubmtai requlmnentf and checklist on City website (ivimxLairlsbad.ca4is/csetv/engln.html) Rve (5) sets of blueline prints of the Rnal or Parcel Map folded to 9" X12". Fbr Certificate of Con^iance, submit four (4) sets of Plats labeled Bdiibit'B'on 81/2X11 paper completed by a licensed land surveyor or appropriate ItaensedengHieer. Each Plat shaH, as a minimum, show the following data: 1) North amw and bar scale 2) Street name(s) and width(s) 3) Loi/paroel nuniber(s), subdivision name(s) and map numbers) 4) Black border and titte box 5) Plat marked as Bdiibit "B" 6) Any existing structures affisctBd 7) Matdies legal descriptian and cakulations exacdy (Distrlbulion: __2i:Planchecker, i Planninq^ / Big P&P (map only) I RIe. Otfier, 5. FgcjCertificate of Compliance, four (4) sets of typed Legal Description on each k>t on 81/2" X11" " sheet of paper. j5<^ Two (2) sets of bound Traverse Calculations far boundary, street centeriine, bkxks, tots and easements (Distribution: 1 Planchecker, 1 RIe). Two (2) copies of Preliminary Title Report issued within 6 months of submittal ion: 1 Planchecker, 1 RIe). A copy of the Vesting Deed(s) (Disbibution: Planchecker). (2) copies of ali the projects signed Condittons of Approval (Distributton: 1 Pianchecker, 1 RIe). (1) bluellne prints of approved Tentative Map or Tentative Parcel Map signed by Project Engineer and Planner (Disbibution: Planchecker). • .-specify) 11. One (1) set of Reference Maps and documents as required (Disbibution: Plancheck©-). J.ar Two (2) copies of documentation proving authority to sign Map, If ottier ttian an indivklusri (copy Hie & Ptanchecfeer). 13. Concunm submittal of the fbllowir^ (as appUcable): grading and eroston control plans, Improvem^ ins, off-site easement documents. of street names approved t)y Planning Department (wtien project involves new streets) (copy irxhecker), Plancheck fee (see current fee schedule). ] 16. Other, COMMENTS: %e current fiee scheduieV U \JP NOTE: INCOMPLETE SUBMITTALS MAY BE RETURNED UNCHECKED. SUBMHTAL COMPLETE: CHECKED BY: cTo ••.V, '. .-^ ^T'^ . ' *i' jL'* yilriititi*! I • 4^ " CO me City of Carlsbad Plaimmg Department A REPORT TO THE PLANNING COMMISSION Item No. P.C. AGENDA OF: February 2, 2005 Application complete date: November 3, 2004 Project Planner: Saima Qureshy Project Engineer: John Maashoff SUBJECT: ZC 04-01/LCPA 04-02/CT 04-01/CDP 04-01 - YAMAMOTO SUBDIVISION - Request for approval of a Negative Declaration, Zone Change and Local Coastal Program Amendment to change the Citywide Zoning and Local Coastal Program Zoning designation from Limited Control (L-C) to One-family Residential (R-l), and a Tentative Tract Map and Coastal Development Permit to grade and subdivide a 5.09 acre site into 16 residential lots on property generally located on the east side of Black Rail Road, south of Songbird Avenue and nortii of Ocean Crest Avenue in the Mello n Segment of the Local Coastal -Program and Local Facilities Management Zone 20. I. RECOMMENDATION That the Planning Commission ADOPT Planning Conimission Resolution No. 5828 RECOMMENDING ADOPTION of a Negative Declaration and ADOPT Planning Commission Resolutions No. 5829 and 5830 RECOMMENDING APPROVAL of Zone Change ZC 04-01 and Local Coastal Program Amendment LCPA 04-02 and ADOPT Planning Commission Resolutions No. 5831 and 5832 APPROVING Tentative Tract Map CT 04-01 and Coastal Development Permit CDP 04-01, based on the findings and subject to the conditions contained therein. II. INTRODUCTION The proposed project is to grade and subdivide the subject 5.09 acre site into 16 single-family residential lots on property generally located on the east side of Black Rail Road, south of Songbird Avenue and north of Ocean Crest Avenue. The 16 single-family lots range in size from 7,509 square feet to 15,913 square feet. The density ofthe proposed single-family subdivision is 3.14 du/ac. The applicant is requesting approval to purchase 3.0 affordable housing credits in the Villa Loma housing project to satisfy the affordable housing requirements of the City's Inclusionary Housing Ordinance. The project requires a Zone Change (ZC) and Local Coastal Program Amendment (LCPA) to change the citywide zoning and Local Coastal Program Zoning designations from L-C to R-l. In addition, a Tentative Tract Map (CT) and Coastal Development Permit (CDP) are required. The ZC and the LCPA require the approval of the City Council and the Califomia Coastal Commission. The approval of the CT and CDP are final at the Planning Commission. The project is not located within the Appeal Jurisdiction ofthe Local Coastal Zone, and the Planning Commission's decision on the CDP is not appealable to the Califomia Coastal Commission. The project is located in the Zone 20 Specific Plan area (SP 203) and the Mello n Segment ofthe Local Coastal Program. The project complies with all City standards and all necessary findings can be made for the approvals being requested. o ^ t ' 04-01/CDP 04-01 - YAMAMOTO SUBDIVI ZC 04-01/LCPA 04-02/CT 04-01/CDP 04-01 - YAMAMOTO SUBDIVISION Febmary 2, 2005 Page 2 III. PROJECT DESCRIPTION AND BACKGROUND The 5.09-acre project site is located within the Zone 20 Specific Plan area and Local Facilities Management Zone 20. It is bordered to the north, south and east by existing single-family residential neighborhoods and by a vacant property to the west. Topographically, the site gently slopes down to the west. A manufactured slope is located along the northem property line which was constmcted as part of Songbird Avenue. The highest elevation on-site is 382 feet located in the middle of the site. The site slopes down in both the east and west directions, reaching 342 feet along Black Rail Road and 374 feet along the eastem property line. The site was used for agriculture in the past but currently it is undeveloped and imused. The property does not have any sensitive vegetation or steep slope consfraints; the entire site is considered developable. The proposed ZC and LCPA are necessary to change the Limited Confrol (L-C) designation of the property to One-family Residential (R-l) to implement the Residential Low-Mediimi Density (RLM) General Plan and Local Coastal Program land use designations. As shown on Exhibits "A" through "G," all the proposed 16 residential lots will be greater than 7,500 square feet. Access to the project site is either from Songbird Avenue which is off Black Rail Road, south of Poinsettia: Lane, or from Siu-f Crest Sfreet. Grading for the project will require 33,000 cubic yards of cut, 8,000 cubic yards of fill, and an export of 25,000 cubic yards of material. Export of material is necessary to lower the proposed pad elevations to be sensitive to the existing residential neighborhood to the south and also to avoid retaining walls along Black Rail Road. Overall, the project grading follows the slope of the site, is sensitive to adjacent residential neighborhoods, and incorporates the existing elevations of Songbird Avenue and Surf Crest Sfreet. IV. ANALYSIS The project is subject to the following plans, ordinances and standards: A. Residential Low-Medium Density (RLM) General Plan Land Use Designation; B. One Family Residential (R-1) Zone; C. Zone 20 Specific Plan (SP 203); D. Mello n Segment of the Local Coastal Program, the Coastal Agriculture Overlay Zone, and the Coastal Resource Protection Overlay Zone; E. Subdivision Ordinance (Title 20 ofthe Carlsbad Mimicipal Code); F. Inclusionary Housing Ordinance (Carlsbad Municipal Code Chapter 21.85); G. Growth Management Regulations (Local Facilities Management Zone 20); and H. Habitat Management Plan (MHP). The recommendation for approval of this project was developed by analyzing the project's consistency with the appUcable regulations and policies. The project's Compliance with each of the above regulations is discussed in detail in the sections below. zc 04-01/LCPA 04-02/CT 04-01/CDP 04-01 - YAMAMOTO SUBDIVISION Febmary 2,2005 Page 3 A. General Plan The General Plan land use designation for the project site is Residential Low-Medium (RLM; 0-4 du/ac). The surrounding properties in Zone 20 also have General Plan land use designations of RLM. This designation allows single-family residential development at a range of 0-4 dwelling units per acre (du/ac). The RLM range has a Growth Control Point of 3.2 du/ac. The density of the proposed single-family subdivision is 3.14 du/ac. The proposed density of the project (3.14 du/ac) is sUghtly below the Growth Management Confrol Point (3.2 du/ac) used for the purpose of calculating the City's compliance with Govemment Code Section 65584. The Growth Management Confrol Point of 3.2 du/ac permits 16.3 residential lots on the 5.09 net acre site, and the project proposes 16 residential lots. However, consistent with Program 3.8 of the City's certified Housing Element, all of the dwelling units, which were anticipated toward achieving the City's share ofthe regional housing need that are not utilized by developers in approved projects, are deposited into the City's Excess Dwelling Unit Bank. These excess dwelling units are available for allocation to other projects. Accordingly, there is no net loss of residential unit capacity and there are adequate properties identified in the Housing Element allowing residential development with a unit capacity, including second dwelling units, adequate to satisfy the City's share ofthe regional housing need. The project complies with all elements of the General Plan as illusfrated in Table A below: Table A - GENERAL PLAN COMPLIANCE ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM PROPOSED USES & IMPROVEMENTS COMPLY? Land Use Site is designated for Residential Low-Medivmi Density (RLM; 0-4 du/ac) with a Growth Control Point of 3.2 du/ac. 16 Single-family lots at 3.14 du/ac. Yes Housing Provision of affordable housing The purchase of 3.0 affordable housing credits in Villa Loma. Yes Public Safety To require a minimum fire flow of water for fire protection The project includes fire hydrants. Yes Open Space & Conservation Utilize Best Management Practices for confrol of storm water and to protect water quality Project will conform to all NPDES requirements. Yes Noise Residential exterior noise standard of 60 CNEL and interior noise standard of 45 CNEL Project is not located in close proximity to any noise generators. The project site is outside the noise contours of McClellan-Palomar Airport. Yes zc 04-01/LCPA 04-02/CT 04-01/CDP 04-01 - YAMAMOTO SUBl5TVlSI0N Febmary 2,2005 Page 4 Table A - GENERAL PLAN CO MPLIANCE CONTINUED ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM PROPOSED USES & IMPROVEMENTS COMPLY? Circulation Require new development to constmct roadway improvements needed to serve proposed development Project will provide roadway improvements including Black Rail Road, Surf Crest Sfreet and a new cul-de-sac to provide direct access to each lot on a public sfreet. Yes B. One-Family Residential (R-l) Zone The project site was part of a County island annexed in 1987. The site is currently zoned Limited Confrol (L-C). The L-C zone designation is given to annexed properties and is an interim zone for areas where planning for future land uses has not been completed nor have plans for development been formalized. A zone change is proposed as part of the project, from L-C to R- 1. This will result in the zoning for the site being consistent with the General Plan land use designation of RLM. The proposed zone is also compatible with the existing adjacent residentially zoned properties and probable future residential zone of the site located to the west ofthe subject site. The proposed project meets or exceeds all applicable requirements of the R-l Zone as demonsfrated in Table B below. Table B - R-l ZONE COMPLIANCE Standard Proposed Compliance Min. Lot Size: 7,500 sq. ft. Lots 1-16 - 7,509 sq. ft. min. to 15,913 sq. ft. max. Yes Min. Lot Width: 60 Feet 60 foot minimum Yes C. Zone 20 Specific Plan (SP 203) The project is within an area subject to the Zone 20 Specific Plan. The Zone 20 Specific Plan provides a framework for the development of the vacant properties within Zone 20 to ensure the logical and efficient provision of pubhc facilities and commimity amenities for the future residents of Zone 20. The project comphes with the following requirements of the Specific Plan as demonsfrated in Table C below. Table C: ZONE 20 SPECIFIC PLAN REQUIREMENTS STANDARD REQUIRED PROPOSED Required Zoning R-l R-l Local Coastal Plan Grading Requirements Grading prohibited between Oct. 1 and April 1 Grading limitation included as CDP condition LCP Agricultural Conversion Three conversion options permitted Payment of Agricultural Conversion Mitigation Fee zc 04-01/LCPA 04-02/CT 04-01/CDP 04-01 Febmary 2,2005 Page 5 YAMAMOTO SUBDIVISION Table C: ZONE 20 SPECIFIC PLAN REQUIREMENTS CONTINUED STANDARD REQUIRED PROPOSED Dedications All required land or easements shall be dedicated to the City Sfreet right-of-way and easement dedications proposed Affordable Housing 15% of the units must be provided as affordable units Project will purchase 3.0 affordable housing credits in Villa Loma Project. RV parking 25% of lots with adequate side yards to accommodate RV parking All 16 residential lots could accommodate RV parking in the side yard (to be determined with subsequent approval of single-family homes). D. Mello II Segment of the Local Coastal Program, the Coastal Agricultural Overlay Zone, and the Coastal Resource Protection Overlay Zone The project site is located within Site HI of the Mello n Segment ofthe Local Coastal Program. Development of the project site is also subject to, and consistent with, the requirements of the Coastal Agriculture Overlay Zone and the Coastal Resource Protection Overlay Zone. Approval of a Coastal Development Permit is required for the project. One of the primary requirements of the apphcable coastal regulations pertains to the conversion of agricultural land to urban use. The project has been conditioned to ensure the payment of an agricultural conversion mitigation fee, which will mitigate the loss of agricultural resources by preserving or enhancing other important coastal resources. All applicable coastal zone grading restrictions have been designed into the project or are proposed as conditions of approval for the project, and include adherence to the City's Master Drainage and Storm Water Quahty Management Plan and Grading Ordinance and restricting grading between October 1 and April 1 of each year. The project site does not have any sensitive coastal resources in the form of slopes over 25% or native vegetation. The development does not obstmct views of the coastline as seen from public lands or from the public ri^t-of-way. No part ofthe project site is located within the 100-year floodplain. The proposed LCPA is required to change the LCP zoning designation for the property from L-C to R-l. The proposed Local Coastal Program zone change is consistent with the project's General Plan and LCP land use designations and the proposed citywide zoning designation. E. Subdivision Ordinance The Engineering Department has reviewed the proposed project and has concluded that the subdivision complies with all applicable requirements of the Subdivision Map Act and the City's Subdivision Ordinance. All major subdivision design criteria have been complied with including the minimum lot depth of 90 feet, provision of public access, required sfreet frontage, and minimum lot area. J^I zc 04-01/LCPA 04-02/CT 04-01/CDP 04-01 - YAMAMOTO SUBDIVISION Febmary 2,2005 Page 6 The project is consistent with and satisfies all requirements of the General Plan and Title 21. It is also compatible with surrounding land uses. The proposed R-l zone requires a minimum 7,500 square foot lot size. Each of the proposed lots exceeds the minimum requirement. The lots back up to Black Rail Road and no access would be allowed to tiie lots from that roadway. The developer will be required to offer various dedications (e.g., drainage easements, sfreet right- of-way) and will be required to install sfreet and utility improvements, including but not limited to, curbs, gutters, sidewalks, sewer facihties, drainage facilities, fire hydrants, and sfreet lights. Grading for the project will require 33,000 cubic yards of cut, 8,000 cubic yards of fill, and an export of 25,000 cubic yards of material. Export of material is necessary to lower the proposed pad elevations to be sensitive to the existing residential neighborhood to the south and also to avoid retaining walls along Black Rail Road. Overall, the project grading follows the slope of the site, is sensitive to adjacent residential neighborhoods, and incorporates the existing elevations of Songbird Avenue and Surf Crest Sfreet. F. Inclusionary Housing Ordinance The City's Inclusionary Housing Ordinance (Chapter 21.85) requires that a minimum of 15% of all approved units in any qualified residential subdivision be made affordable to lower income households. The inclusionary housing requirement for this project would be 3.0 dwelling units. The applicant is requesting to purchase 3.0 affordable housing credits in the Villa Loma housing project to satisfy the project's affordable housing requirements. G. Growth Management The proposed project is located within Local Facilities Management Zone 20 in the southwest quadrant of the City. The impacts on public facilities created by the project, and its compliance with the adopted performance standards, are summarized in Table D below. Table D: GROWTH MANAGEMENT COMPLIANCE STANDARD IMPACTS COMPLIANCE City Adminisfration 55.6 sq. ft. Yes Library 29.7 sq. ft. Yes Waste Water Treatment 16 EDU Yes Parks 0.11 acre Yes Drainage Basin D Yes Circulation 160 ADT Yes Fire Station No. 4 Yes Open Space 0.6 acres Yes Schools Carlsbad Unified Yes 4 elementary students 2 junior high students 3 high school students Sewer Collection System 16 EDU Yes Water 3520 GPD Yes zc 04-01/LCPA 04-02/CT 04-01/CDP 04-01 - YAMAMOTO SUBDIVISION Febmary 2, 2005 Page 7 The project is 0.3 dwelling units below the Growth Management Confrol Point dwelling unit allowance of 16.3 dwelling units for the subject property. G. Habitat Management Plan The proposed project is consistent with the Carlsbad Habitat Management Plan (HMP) for Natural Commimities. The entire site was previously used for agriculture and the project is conditioned to pay agricultural conversion mitigation fees to mitigate the loss of agricultural resources. There are no sensitive resources either on-site or adjacent to the site and the project does not require any mitigation or habitat impact fees pursuant to the HMP. V. ENVIRONMENTAL REVIEW Pursuant to the Califomia Environmental Quality Act (CEQA) and the Environmental Protection Ordinance (Title 19) of the Carlsbad Municipal Code, staff has conducted an enviromnental impact assessment to determine if the project could have any potentially significant impact on the environment. All impacts were considered to be less than significant. Consequently, a Notice of Intent to adopt a Negative Declaration was published in the newspaper and sent to the State Clearinghouse for pubhc agency review. No comments were received during the 30 day pubhc review period from December 6,2004 to January 5,2005. ATTACHMENTS: 1. Planning Commission Resolution No. 5828 (Negative Declaration) 2. Planning Commission Resolution No. 5829 (ZC) 3. Planning Conimission Resolution No. 5830 (LCPA) 4. Planning Commission Resolution No. 5831 (CT) 5. Planning Conimission Resolution No. 5832 (CDP) 6. Location Map 7. Background Data Sheet 8. Local Facilities Impact Assessment Form 9. Disclosure Statement 10. Reduced Exhibits 11. Full Size Exhibits "A" - "G" dated Febmary 2, 2005 1 PLANNING COMMISSION RESOLUTION NO. 5828 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING 3 ADOPTION OF A NEGATIVE DECLARATION TO CHANGE THE CITYWIDE ZONING AND LOCAL COASTAL 4 PROGRAM ZONING DESIGNATIONS FROM LIMITED ^ CONTROL (L-C) TO ONE-FAMILY RESIDENTIAL (R-l) AND, A TENTATIVE TRACT MAP AND COASTAL 6 DEVELOPMENT PERMIT TO GRADE AND SUBDIVIDE A 5.09 ACRE SITE INTO 16 RESIDENTIAL LOTS ON 7 PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF BLACK RAIL ROAD, SOUTH OF SONGBIRD AVENUE AND NORTH OF OCEAN CREST AVENUE IN THE MELLO fl 9 SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 20. 10 CASE NAME: YAMAMOTO SUBDIVISION CASE NO.: ZC 04-01/LCPA 04-02/CT 04-01/CDP 04-01 11 j2 WHEREAS, William Gustafson, "Developer," has filed a verified apphcation 13 with the City of Carlsbad regarding property described as 1^ The south half of the northwest quarter of the northwest quarter of the northeast quarter of Section 27, T12S, R4W, SBBM, in the City of Carlsbad, County of San Diego, State of 15 California 17 ("tiie Property"); and WHEREAS, a Negative Declaration was prepared in conjunction with said project; and WHEREAS, the Planning Conimission did, on the 2nd day of February 2005, hold a duly noticed public hearing as prescribed by law to consider said request; and 23 WHEREAS, at said public hearing, upon hearing and considering all testimony 24 and arguments, examining the initial study, analyzing the information submitted by staff, and considering any written comments received, the Planning Commission considered all factors relating to the Negative Declaration. NOW, THEREFORE, BE IT HEREBY RESOLVED by tiie Planning Conimission of the City ofCarlsbad as follows: 19 20 21 22 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A) That the foregoing recitations are tme and correct. B) That based on the evidence presented at the public hearing, the Conimission RECOMMENDS ADOPTION ofthe Negative Declaration according to Exhibit "ND" dated December 6, 2004, according to Exhibits "NOT' dated December 6, 2004, and "PE" dated November 30, 2004, attached hereto and made a part hereof, based on the following findings: Findings: 1. The Planning Commission of the City of Carlsbad does hereby find: a. it has reviewed, analyzed and considered Negative Declaration, YAMAMOTO SUBDIVISION - ZC 04-01/LCPA 04-02/CT 04-01/CDP 04-01 the environmental impacts therein identified for this project and any comments thereon prior to RECOMMENDING ADOPTION ofthe project; and b. the Negative Declaration has been prepared in accordance with requirements of the Califomia Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City ofCarlsbad; and c. it reflects the independent judgment of the Planning Commission of the City of Carlsbad; and d. based on the EIA Part n and comments thereon, there is no substantial evidence the project will have a significant effect on the environment. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of grading permit or approval of a final map, whichever occurs first. 1. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all habihties, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance ofthis Negative Declaration, and (b) City's approval or issuance of any permit or action, whether discretionary or non- discretionary, in connection with the use contemplated herein. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. PC RESO NO. 5828 -2- ^ NOTICE 2 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, ^ reservations, or other exactions hereafter collectively referred to for convenience as ^ "fees/exactions." 5 You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Govemment Code Section 6 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or g annul their imposition. 7 9 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in coimection with this 1J project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise 12 expired. 13 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning 14 15 16 17 18 19 ABSENT: 20 ABSTAIN: 21 22 Commission of the City of Carlsbad, Cahfomia, held on the 2nd day of February 2005, by the following vote, to wit: AYES: NOES: 23 JEFFRE N. SEGALL, Chairperson CARLSBAD PLANNING COMMISSION 24 25 ATTEST: 26 27 DON NEU 2g Assistant Planning Director PC RESO NO. 5828 -3- Citv of Carlsbad Planning Department NEGATIVE DECLARATION CASE NAME: CASE NO: PROJECT LOCATION: Yamamoto Subdivision ZC 04-01/ LCPA 04-02/ CT 04-01/CDP 04-01 The Southeast comer of Black Rail Rd and Songbird Avenue ("APN 215- 040-05) PROJECT DESCRIPTION: The subject site is 5.04 acres in size and is located at the southeast comer of Black Rail Road and Songbird Avenue. The proposed project includes a Zone Change (ZC 04-01) and a Local Coastal Program Amendment (LCPA 04-02) to rezone the subject site from Limited Control (L-C) to One-Family Residential (R-l) zone. The application also includes a Tentative Tract Map (CT 04-01) and a Coastal Development Permit (CDP 04-01) to subdivide and grade the subject site into 16 residential lots with a minimum area of 7,500 square feet. The site is currently vacant and is surrounded by residential development to the north, south and east and a vacant property to the west. DETERMINATION: The City of Carlsbad has conducted an environmental review ofthe above described project pursuant to the Guidelines for Implementation of the Califomia Environmental Quality Act and the Environmental Protection Ordinance ofthe City ofCarlsbad. As a result of said review, the initial study (EIA Part 2) did not identify any potentially significant impacts on the envirormient, and the City of Carlsbad finds as follows: ^ The proposed project COULD NOT have a significant effect on the environment. I I The proposed project MAY have "potentially significant impact(s)" on the environment, but at least one potentially significant impact 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. (Negative Declaration applies only to the effects that remained to be addressed). I I Although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, nothing further is required. A copy of the initial study (EIA Part 2) documenting reasons to support the Negative Declaration is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, Califomia 92008. ADOPTED:. ATTEST: , pursuant to DON NEU Assistant Planning Director 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us Citv of Carlsbad Planning Department NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION CASE NAME: CASE NO: PROJECT LOCATION: Yamamoto Subdivision ZC 04-01/ LCPA 04-02/ CT Q4-01/CDP 04-01 The Southeast comer of Black Rail Rd and Songbird Avenue (APN 215- 040-051 PROJECT DESCRIPTION: The subject site is 5.04 acres in size and is located at the southeast comer of Black Rail Road and Songbird Avenue. The proposed project includes a Zone Change (ZC 04-01) and a Local Coastal Program Amendment (LCPA 04-02) to rezone the subject site from Limited Control (L- C) to One-Family Residential (R-l) zone. The application also includes a Tentative Tract Map (CT 04- 01) and a Coastal Development Permit (CDP 04-01) to subdivide and grade the subject site into 16 residential lots with a minimum area of 7,500 square feet. The site is currently vacant and is surroimded by residential development to the north, south and east and a vacant property to the west. PROPOSED DETERMINATION: The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the Califomia Environmental Quality Act and the Enviroimiental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (EIA Part 2) identified potentially significant effects on the environment, but (1) revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur, and (2) there is no substantial evidence in light ofthe whole record before the City that the project "as revised" may have a significant effect on the environment. Therefore, a Negative Declaration will be recommended for adoption by the City of Carlsbad City Council. A copy of the initial study (EL\ Part 2) documenting reasons to support the proposed Negative Declaration are on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, Califomia 92008. Comments from the public are invited. Please submit comments in writing to the Planning Department within 30 days of the date of this notice. The proposed project and Negative Declaration are subject to review and approval/adoption by the City of Carlsbad Planning Commission and City Council. Additional public notices will be issued when those public hearings are scheduled. If you have any questions, please call Saima Qureshy in the Planning Department at (760) 602-4619. PUBLIC REVIEW PERIOD DECEMBER 6. 2004 TO JAIWARY 5. 2005 PUBLISH DATE DECEMBER 6, 2004 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART D CASE NO: ZC 04-01/ LCPA 04-02/ CT 04-01/CDP 04-01 DATE: November 30. 2004 BACKGROUND 1. CASE NAME: YAMAMOTO SUBDIVISION 2. LEAD AGENCY NAME Alvro ADDRESS: Citv ofCarlsbad 3. CONTACT PERSON AND PHONE NUMBER: Saima Oureshv (760) 602-4619 4. PROJECT LOCATION: The Southeast comer of Black Rail Rd and Songbird Avenue (APN: 215-040-05) 5. PROJECT SPONSOR'S NAME AND ADDRESS: William Gustafson, 1465 E. Mountain Drive- Santa Barbara. CA 93108 i 6. GENERAL PLAN DESIGNATION: Residential Low-Medium (0-4 du/ac) 7. ZONING: Limited Conti-ol (L-O 8. OTHER PUBLIC AGENCIES WHOSE APPROVAL IS REQUIRED (i.e., permits, financing approval or participation agreements): Califomia Coastal Commission (For LCPA) 9. PROJECT DESCRIPTION/ ENVIRONMENTAL SETTING AND SURROUNDING LAND USES: The subiect site is 5.04 acres in size and is located at the southeast comer of Black Rail Road and Songbird Avenue. The proposed proiect includes a Zone Change (ZC 04-01") and a Local Coastal Program Amendment (LCPA 04-02") to rezone the subject site from Limited Control (L-C) to One-Family Residential (R-l") zone. The application also includes a Tentative Tract Map (CT 04- 01) and a Coastal Development Pennit (CDP 04-01) to subdivide and grade the subiect site into 16 residential lots with a minimum area of 7,500 square feet. The site is currentiv vacant and is surrounded bv residential development to the north, south and east and a vacant propertv to the west. Rev. 07/03/02 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 Aesthetics I I Agricultural Resources I I Air Quality I I Biological Resources I I Cultural Resources I I Geology/Soils Q Noise 0 Hazards/Hazardous Materials D Population and Housing 1 I Hydrology/Water Quality Q Public Services I I Land Use and Planning I I Mineral Resources I I Mandatory Findings of Significance I I Recreation I I Transportation/Circulation I I Utilities & Service Systems Rev. 07/03/02 DETERMINATION. (To be completed by the Lead Agency) • • • • I find tliat the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. 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 "potentially significant impact(s)" on the environment, but at least one potentially significant impact 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. A Negative Declaration is required, but it must analyze only the effects that remain to be addressed. 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 all potentially significant effects (a) have been analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant to apphcable standards and (b) have been avoided or mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, nothing further is required. Planner Signature Date O H Planning Director'sSignaturD Date Rev. 07/03/02 ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (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 information source cited in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced infonnation 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 significantly adverse, and the impact does not exceed adopted general standards and pohcies. • "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 liapact." 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 significantly adverse. • Based on an "EIA-Part II", if a proposed project could have a potentially significant adverse effect on the environment, but all potentiaUy significant adverse 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 inqjosed 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. • When "Potentially Significant Impact" is checked the project is not necessarily required to prepare an EIR if the significant adverse effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a "Statement of Overriding Considerations" has been made pursuant to that earlier EIR. • A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant adverse effect on the environment. • If there are one or more potentially significant adverse effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce adverse in^jacts to less than significant, and those mitigation measures are agreed to by the developer prior to pubhc review. In this case, the appropriate "Potentially Significant Impact Unless Mitigation Incorporated" may be checked and a Mitigated Negative Declaration may be prepared. Rev. 07/03/02 • An EIR must be prepared if "Potentially Significant Impact" is checked, and including but not limited to the following circumstances: (1) the potentially significant adverse effect has not been discussed or mitigated in an eai lier EIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the adverse impact to less than significant; (2) a "Statement of Overriding Considerations" for the significant adverse impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the adverse impact to less than significant; or (4) through the EIA-Part II analysis it is not possible to detemiine 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 detemiined significant. Rev. 07/03/02 Issues (and Supporting Information Sources). I. AESTHETICS - "Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light and glare, which would adversely affect day or nighttime views in the area? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact • • • X • • • X • • X • • n • X II. AGRICULTURAL RESOURCES - (In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the Cahfomia Agricultural Land Evaluation and Site Assessment Model-1997 prepared by the Califomia Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland.) "Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoriag Program of the Califomia Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use? III. AIR QUALITY - ("Where available, the significance criteria established by the applicable air quality management or air pollution control district may be reUed upon to make the following determinations.) Would the project: a) Conflict with or obstmct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? • • • • • • n • • • • m • m • ^ H • Rev. 07/03/02 Issues (and Supporting Information Sources). c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? IV. BIOLOGICAL RESOURCES - Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by Califomia Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian, aquatic or wetland habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by Cahfomia Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defmed by Section 404 of the Clean Water Act (including but not limited to marsh, vernal pool, coastal, etc.) through direct removal, filing, hydrological intermption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? g) Impact fributary areas that are environmentally sensitive? Potentially Significant Impact • • • • • • • • • Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact • • H • • • • • • • • • • • S • • S • • E • • S nam Rev. 07/03/02 Issues (and Supporting Information Sources). V. CULTURAL RESOURCES-Would the project: a) Cause a substantial adverse change m the significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse change in the signifi- cance of an archeological resource pursuant to §15064.5? c) Directly or indirectiy destroy a unique paleontologi- cal resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? VI. GEOLOGY AND SOILS - Would the project: a) Expose people or stmctures to potential substantial adverse effects, including the risk of loss, injury or death involving: i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii. Strong seismic ground shaking? iii. Seismic-related ground failure, including liquefaction? iv. Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a resuh of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? d) Be located on expansive soils, as defined in Table 18 - 1-B ofthe Unifonn Building Code (1997), creating substantial risks to life or property? Potentially Significant Impact • • • • Potentially Significant Unless Less Than Mitigation Significant No Incorporated Impact Impact • • • • • • • m • m • m • m m • • • X • • • X • • • X • • • X • • • X • • • s • Rev. 07/03/02 Issues (and Supporting Information Sources). VII. e) Have soils incapable of adequately supporting the use of septic tanks or altemative wastewater disposal systems where sewers are not available for the disposal of wastewater? HAZARDS AND HAZARDOUS MATERIALS - Would the project: a) Create a significant hazard to the pubhc or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the pubhc or environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites con^iled pursuant to Govemment Code Section 65962.5 and, as a result, would it create a significant hazard to the public or environment? e) For a project within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people jiding or working in the project area? f) g) h) res For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? Expose people or stractures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Potentially Significant Impact • • • • • Potentially Significant Unless Mitigation Incorporated • • • • • • • • • Less Than Significant No Impact Impact • M • • • • • • • • s • s • • • K vm. HYDROLOGY AND WATER QUALITY project: Would the a) Violate any water quality standards or waste discharge requirements? • • m • Rev. 07/03/02 Issues (and Supporting Information Sources). b) Substantially deplete groundwater supplies or interfere substantially with ground water recharge such that there would be a net deficit in aquifer vohune or a lowering of the local ground water table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which pennits have been granted)? c) Impacts to groimdwater quality? d) Substantially alter the existing drainage pattem of the site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off- site? e) Substantially alter the existing drainage pattem ofthe site or area, including through the alteration of the course of a stream or river, or substantially increase the flow rate or amotmt (volume) of surface ranoff in a manner, which would result in flooding on- or off- site? f) Create or contribute ranoff water, which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? g) Otherwise substantially degrade water quality? h) Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood delineation map? i) Place within 100-year flood hazard area stractures, which would impede or redirect flood flows? j) Expose people or stractures to a significant risk of loss injury or death involving flooding, including flooding as a result of the failure of a levee or dam? k) Inundation by seiche, tsunami, or mudflow? 1) Increased erosion (sediment) into receiving surface waters. m) Increased pollutant discharges (e.g., heavy metals, pathogens, petroleum derivatives, synthetic organics, nutrients, oxygen-demanding substances and trash) into receiving surface waters or other alteration of receiving surface water quality (e.g., temperature, dissolved oxygen or turbidity)? Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact • • • • • • • • • lEl • • m • n n K • • • ^ • • • • El • • • K • • • s • • • s • • s • • • s • 10 Rev. 07/03/02 Issues (and Supporting Information Sources). n) Changes to receiving water quality (marine, fresh or wetland waters) during or following constraction? o) Increase in any pollutant to an already inq)aired water body as listed on the Clean Water Act Section 303(d) list? p) The exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? IX. LAND USE AND PLANNING - Would the project: a) Physically divide an established community? b) Conflict with any apphcable land use plan, policy, or regulation of an agency with jurisdiction over the project (including but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? X. MINERAL RESOURCES - Would the project: a) 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? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? XI. NOISE - Would the project resuh in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundbourne vibration or groundbourne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? Potentially Significant Impact • • • • • • • Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact • • • • • • • • • • • No Impact • • S • • • • a • • • S • m • m • m D a D m m • M • II Rev. 07/03/02 Issues (and Supporting Information Sources). e) For a project located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project withui the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? XII. POPULATION AND HOUSING - Would the project: a) Induce substantial growth in an area either directly (for exanqjle, by proposing new homes and businesses) or indhectly (for example, through extension of roads or other infrastmcture)? b) Displace substantial numbers of existing housing, necessitating the constraction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the constraction of replacement housing elsewhere? XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered govemment facilities, a need for new or physically altered govemment facilities, the constraction of which could cause significant enviromnental impacts, in order to maintain acceptable sei^vice ratios, response times, or other performance objectives for any of the pubhc services: Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact • • • • • • • • XIV. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? • • • n m • Kl • K • m • Kl i) Fire protection? • • • X ii) Pohce protection? • • • X iii) Schools? • • • X iv) Parks? • • • X V) Other public facilities? • • • X • • s 12 Rev. 07/03/02 Issues (and Supporting Information Sources). Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated b) Does the project include recreational facilities or require the constraction or expansion of recreational facilities, which might have an adverse physical effect on the environment? XV. TRANSPORTATION/TRAFFIC - Would the project: a) Cause an increase in haffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic pattems, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? • • • • • • • • D • Less Than Significant No Impact Impact • m • • m • B • K e) Result in inadequate emergency access? • • • X f) Result in insufficient parking capacity? • • • X g) Conflict with adopted policies, plans, or programs supporting altemative transportation (e.g., bus turn- outs, bicycle racks)? • • • X UTILITIES AND SERVICES SYSTEMS - Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? • • • X b) Requireor result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which would cause significant environmental effects? • • • X c) Require or result in the construction of new storm water drainage facilities or expansion of existing faciUties, the construction of which could cause significant environmental effects? • • • X d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? n • • X 13 Rev. 07/03/02 Issues (and Supporting Information Sources). e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply vwth federal, state, and local statutes and regulations related to solid waste? XVII. 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 Califomia history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumula- tively 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 cunent 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? Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact • • • • • • • • • • • • • m • Kl • m • M K • • M XVIII. EARLIER ANALYSES Earlier 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 earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earher analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects fi:om the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier 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 earher document and the extent to which they address site-specific conditions for the project. 14 Rev. 07/03/02 The project site is located in an area which is subject to the requirements ofthe Zone 20 Specific Plan approved by the City Council in 1994. A program EIR (PEIR) (EIR 90-03) was certified for the Zone 20 Specific Plan. The Zone 20 PEIR identified, analyzed, and recommended mitigation to reduce potential significant impacts to insignificant levels. The Zone 20 Program EIR analyzed potential impacts to agriculture, air quality, biology, circulation, land use, noise, pesticide residue, paleontology, public facilities financing, soils/geology, and visual aesthetics that could result from the development of the Specific Plan area. The PEIR is intended to be used in the review of subsequent projects within Zone 20. The project incorporates the required Zone 20 PEIR mitigation measures, and through the project specific analysis a detemiination has been made that no additional significant impacts beyond those identified and mitigated by the PEIR will result from this project. The following environmental evaluation briefly explains the basis for this determination along with identifying the source documents that support the environmental determination. The Zone 20 PEIR and additional technical studies are cited as soiu-ce documents for this environmental evaluation. 15 Rev. 07/03/02 DISCUSSION OF ENVIRONMENTAL EVALUATION AESTHETICS Less than significant. The project is subject to the site design, architectural, and landscaping standards contained m the Zone 20 Specific Plan and the City of Carlsbad Policy 66 regarding livable neighborhoods, which are designed to reduce visual iirpacts. AGRICULTURAL RESOURCES No Impact. The project site is shown as an area of non-prime agricultural land in the Coastal Agricultural Overlay Zone of the Local Coastal Program (LCP). The subject site has not been used for agriculture for most of the last fifty years, with some sporadic agricultural use. The project site has been designated for residential development. The site is cunently vacant and there are no impacts assessed to agricultural resources. The project would not result in other changes to the environment that would result in the conversion of farmland to non-agrictiltural uses. The project would be characterized as infill development and is sunounded by residential development on three sides. AIR QUALITY—Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? No Impact. The project site is located in the San Diego Air Basin which is a federal and state non-attainment area for ozone (O3), and a state non-attainment area for particulate matter less than or equal to 10 inicrons in diameter (PMio). The periodic violations of national Ambient Air Quality Standards (AAQS) in the San Diego Air Basin (SDAB), particularly for ozone in inland foothill areas, requires that a plan be developed outiining the pollution controls that will be undertaken to improve air quality. In San Diego County, this attainment planning process is embodied in the Regional Air Quality Strategies (RAQS) developed joinfly by fhe Air Pollution Control District (APCD) and the San Diego Association of Governments (SANDAG). A plan to meet the federal standard for ozone was developed in 1994 during the process of updating the 1991 state- mandated plan. This local plan was combined with plans from all other California non-attainment areas having serious ozone problems and used to create the California State Implementation Plan (SIP). The SIP was adopted by the Air Resources Board (ARB) after public hearings on November 9th through 10th in 1994, and was forwarded to the Environmental Protection Agency (EPA) for approval. After considerable analysis and debate, particularly regarding airsheds with the worst smog problems, EPA approved the SIP m mid-1996. The proposed project relates to the SIP and/or RAQS through the land use and growth assumptions that are incorporated into the air quality planning document. These growth assumptions are based on each city's and the County's general plan. If a proposed project is consistent with its applicable General Plan, then the project presumably has been anticipated with the regional air quality planning process. Such consistency would ensure that the project would not have an adverse regional air quality impact. Section 15125(B) of the State of Califomia Environment Quality Act (CEQA) Guidelines contains specific reference to the need to evaluate any inconsistencies between the proposed project and the applicable air quality management plan. Transportation Control Measures (TCMs) are part of the RAQS. The RAQS and TCM plan set forth the steps needed to accomphsh attainment of state and federal ambient air quality standards. The Califomia Air Resources Board provides criteria for detennining whether a project conforms with the RAQS which include the following: • Is a regional air quality plan being implemented in the project area? • Is the project consistent with the growth assumptions in the regional air quality plan? The project area is located in the San Diego Air Basin, and as such, is located in an area where a RAQS is being implemented. The project is consistent with the growth assumptions of the City's General Plan and the RAQS. Therefore, the project is consistent with the regional air quality plan and will in no way conflict or obstract implementation of the regional plan. b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? 16 Rev. 07/03/02 Less Than Significant Impact. The closest air quality monitoring station to the project site is in fhe City of Oceanside. Data available for this monitoring site through April, 2002 indicate that the most recent air quality violations recorded were for the state one hour standard for ozone (one day in both 2000 and 2001) and one day in 2001 for the federal 8-hour average for ozone and one day for the 24-hour state standard for suspended particulates in 1996. No violations of any other air quality standards have been recorded recently. The project would involve minimal short-temi emissions associated with grading and constraction. Such emissions would be minimized thi-ough standard constraction measures such as the use of properly tuned equipment and watering the site for dust conttol. Long-term emissions associated with fravel to and fiom the project will be minimal. Although air pollutant emissions would be associated with the project, they would neither result in the violation of any air quality standard (comprising only an incremental confribution to overall air basin quality readings), nor contribute substantially to an existing or projected air quality violation. Any impact is assessed as less than significant. c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard? Less Than Significant Impact. The Air Basin is cunently in a non-attainment zone for ozone and suspended fine particulates. The proposed project would represent a confribution to a cumulatively considerable potential net increase in emissions throughout the air basin. As described above, however, emissions associated with the proposed project would be minimal. Given the limited emissions potentially associated wifh the proposed project, air quality would be essentially the same whether or not the proposed project is implemented. According to the CEQA Guidelines Section 15130 (a)(4), the proposed project's contribution to the cumulative ixapact is considered de minimus. Any impact is assessed as less than significant. d) Expose sensitive receptors to substantial pollutant concentrations? . No Impact. As noted above, the proposed project would not result in substantial pollutant emissions or concenfrations. In addition, there are no sensitive receptors (e.g., schools or hospitals) located in the vicinity of the project. No impact is assessed. e) Create objectionable odors affecting a substantial number of people? No Impact. The constraction of the proposed project could generate fumes from the operation of constraction equipment, which may be considered objectionable by some people. Such exposure would be short-term or transient. In addition, the number of people exposed to such fransient impacts is not considered substantial. BIOLOGICAL RESOURCES No Impact. The project site is currently a vacant and previously graded area which was used for agriculture in the past. The site is sunounded by residential development on three sides. No native vegetation or habitats exist on or near the property. In addition, no sensitive or endangered species reside or use the property. The City's Habitat Management Plan does not identify the site for preservation and no local pohcies or ordinances exist regarding the removal of mature non-native frees. Therefore, no adverse impacts to biological resources will occur. V. CULTURAL RESOURCES No Impact. A Culmral Resource Test Report for the subject site was prepared by Gallegos & Associates in July 2004. The report provides the results of a cultural resource test program to determine site significance for cultural resource SDM-W-2046. Testing included excavation of 11 shovel test pits and one Ixl-m unit, artifact analysis and determination of site significance. Cultural material recovered as a resuh of the testing program included 7 debitage, 3 ceramic fragments, 5 grams of shell and 0.1 grams of bone. Disturbance at SDM-W-2046 included previous grading, agriculture and modem frash. Given the low amount and nanow range of cultural material, the absence of features and disturbance, site SDM-W-2046 is identified as not significant under CEQA criteria. No fiirther archaeological investigations are recommended for this site. VI. GEOLOGY AND SOILS Would the project; a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: 17 Rev. 07/03/02 i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii. Strong seismic ground shaking? iii. Seismic-related ground failure, including liquefaction? iv. Landslides? Less than Significant Impact (a.i. to a.iii.). There are no Alquist-Priolo Earthquake Fault zones within the City of Carlsbad and there is no other evidence of active or potentially active faults within the City. However, there are several active faults throughout Southem Califomia, and these potential earthquakes could affect Carlsbad. The project site is located in an area of stable soil conditions and the risk of seismic-related ground failure or liquefaction is very minimal (according to City of Carlsbad Geotechnical Hazards Analysis and Mapping Study, November 1992). In addition, a project specific Geotechnical Evaluation was prepared by GeoSoils, Inc. dated January 8, 2004. The report states that the potential for liquefaction, earthquake induced settlement and lateral spread are considered to be low for fhe site because of the low susceptibility to hquefaction. There are no landslides identified as having the potential to affect the subject site. As a result, the project would not expose people or stractures to potential adverse effects involving landslides. b) Result in substantial soil erosion of the loss of topsoil? Less than Significant Impact. Onsite analysis of soils on the subject site by GeoSoils, Inc., dated January 8, 2004 concludes that the earth materials have a moderate to high erosion potential. Cut and fill slopes resulting from the grading will be subject to erosion during and after the excavation period. During this grading, the exposure of soils would lead to an increased chance for the erosion of soils from the site. A significant inpact resulting from erosion could result if the grading does not follow best management practices for the confrol of erosion, such as sfraw bale or sandbag baniers, silt fences, slope roughening, and outlet protection in exposed areas. Per the project description identified in the Storm Water Management Plan, by MLB Engineering dated January 2004, finished grades will be hydroseeded or otherwise protected as required per the adopted City Grading Ordinance. If necessary, temporary slope cover such as jute matting or mulch will be applied to newly graded slopes to reduce the intact of soil erosion or the loss of topsoil to a level of less than significant. Temporary sediment confrol basins will also be provided as necessary in order to confrol the loss of topsoil. c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? Less Than Significant Impact. The project site consists of relatively dense sandstone earth materials, which have a low potential for liquefaction. As a result, a significant impact is not anticipated, and no mitigation will be necessary. d) Be located on expansive soils, as defined in Table 18 - 1-B of the Uniform Building Code (1997), creating substantial risks to life or property? Less Than Significant Impact. According to the Geotechnical Evaluation prepared by GeoSoils, Inc., January 8, 2004, the project site's potential for soil expansion ranges from low to very low. The potential for medium expansive soils exposed at finish grade cannot be precluded. e) Have soils incapable of adequately supporting the use of septic tanks or alternative wasterwater disposal systems where sewers are not available for the disposal of wastewater? No Impact. The project site will utilize existing sewer systems that provide wastewater service in the area. 18 Rev. 07/03/02 VII. HAZARDS AND HAZARDOUS MATERIALS No Impact. A Phase I Environmental Site Assessment was prepared for the project site (Planning Systems, January 2004). The report states that the subject site was briefly used for agriculture during the past 50 years and it is currentiy fallow agricultural land. There are no overt indicators of agricultural chemical usage onsite such as patchy vegetation that might suggest high levels of fertilizers in the soil. The report recommends no ftiither measures since no environmental concems were discovered during the course of the report. However, the project is required to implement the mitigation measures identified in the Zone 20 EIR. Vni. HYDROLOGY AND WATER QUALITY—Would the project: a) Violate any water quality standards or waste discharge requirements? Less than Significant Impact. The project is required to comply with Order 2001-02 issued by the Regional Water Quality Confrol Board. The proposed project will con^ly with state and local regulations for water quality. The project will adhere to applicable City of Carlsbad regulations for confrol of sedimentation and erosion, including the installation of temporary desiltation basins or other means of stabilization as required by the State Water Resources Confrol Board. All exposed graded areas shall be freated with erosion confrol pursuant to City of Carlsbad erosion confrol standards, including hydi'oseed, berms, desiltation basins, jute matting, sandbags, bladed ditches, or other appropriate methods. Any subsequent environmental impact on water quality will be considered less than significant due to adherence to water quality standards and waste discharge requirements. b) Substantially deplete groundwater supplies or interfere substantially with ground water recharge such that there would be a net deficit in aquifer volume or a lowering of the local ground water table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? No Impact. The proposed project is not proposing to use any ground water; therefore there will be no in:5)acts to depletion of any existing aquifer or ground water table level. c) Impacts to groundwater quality? No Impact. Implementation of the project will not result in impacts to groundwater quality. d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? e) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the flow rate or amount (volume) of surface runoff in a manner, which would result in flooding on- or off-site? f) Create or contribute runoff water, which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? Less than Significant Impact. A Preliminary Drainage Study was prepared by MLB Engineering, dated January 2004. The report identifies pre and post development ranoff quantities and downsfream conditions. The report also identifies measui^es to reduce the potential of an increase in erosion or siltation downsfr^eam. g) Otherwise substantially degrade water quality? Less than Significant Impact. A Storm Water Management Plan was prepared by MLB Engineering, dated January 2004. This report identifies potential pollutants of concem and metiiods to freat runoff prior to leaving the site such that the potential to impact downsfream water quality is minimized to the maximum extent probable. h) Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood delineation map? i) Place within 100-year flood hazard area structures, which would impede or redirect flood flows? No Impact. There are no FEMA 100-year flood hazard areas identified on the project site. 19 Rev. 07/03/02 j) Expose people or structures to a significant risk of loss injury or death involving flooding, including flooding as a result of the failure of a levee or dam? k) Inundation by seiche, tsunami, or mudflow? No Impact. The project is not located within any significant drainage area, is not located downsfream of any dam, and thus will not expose people or stractures to a significant risk of loss injury or death involving flooding. 1) Increased erosion (sediment) into receiving surface waters? m) Increased pollutant discharges (e.g., heavy metals, pathogens, petroleum derivatives, synthetic organics, nutrients, oxygen-demanding substances and trash) into receiving surface waters or other alteration of receiving surface water quality (e.g., temperature, dissolved oxygen or turbidity)? n) Changes to receiving water quality (marine, fresh or wetland waters) during or following construction? o) Increase in any pollutant to an already impaired water body as listed on the Clean Water Act Section 303(d) list? p) The exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? Less than Significant Impact. The proposed project and grading will follow best management practices for erosion conttol. The Best Management Practices for the project have been identified in the Storm Water Management Plan prepared by MLB Engineering dated January 6, 2004. This SMWP indicates that finished grades will be promptly hydroseeded or otherwise protected as required per the adopted City Grading Ordinance. If necessary, temporary slope cover such as jute matting or mulch will be apphed to newly graded slopes to reduce the impact to soil erosion or the loss of topsoil to a level of less than significant. Discharge points will not be changed and gravel check dams will be placed to attenuate the flow velocities. Additionally, hay bales and silt fences will be utilized during constraction for the temporary conttol of surface water and the subsequent loss of topsoil. IX. LAND USE AND PLANNING No Impact. The subject site is a previously graded, infill site which is sunounded by single-family residential development to the east, north and south and a vacant property to the west. Proposed grading and subdivision to create 16 single family residential lots will be compatible with and will integrate into the existing community. X. MINERAL RESOURCES No Impact. There are no known mineral resources, of local importance or othei-wise, on the project site. Therefore, the proposed project would not result in the loss of availability of such resources. XI. NOISE Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundbourne vibration or groundbourne noise levels? No Impact - Based upon the nature of the proposed residential use, the project vwll not result in any activity that would generate excessive groundboume vibration or groundbourne noise levels. In addition, the project site is not located adjacent to any use that generates excessive groundboume vibration or groundbotume noise levels. c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? 20 Rev. 07/03/02 d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? Less than Significant Impact (c & d) - Other than ttaffic generated noise, typical grading/ subdivision/ residential land uses do not generate a substantial amount of noise. With regard to temporary or periodic increase in noise levels, the only potential increase in noise would be from constraction activity associated with the development of the project. The City incorporates standard regulations on all project constraction activity to ensure that noise and other potential impacts to sunounding properties are not significant. Therefore, the proposed project will not result in a substantial permanent or temporary increase in ambient noise levels in the project vicinity above levels existing without the project. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? No Impact (e «& f) - The project site is not located within an area covered by an aiiport land use plan or an area where such a plan has not been adopted. The project site is located approximately 5,000 feet south of the McClellan-Palomar Airport (pubhc general aviation airport). The project site is not located wdthin any flight, crash, or safety hazard zones associated with the airport. Therefore, the project will not result in a safety hazard for people residing on the project site. XII. POPULATION AND HOUSING No Impact. The project would result in the grading and subdivision of the subject site into 16 single family residential lots. The subject site is an infill site sunounded by existing residential development that is served by existing roads and utilities and therefore, the project would not induce substantial growth either directly or indirectly. The project is proposed on vacant land and would not displace any existing housing or individuals. TRANSPORTATION/TRAFFIC—Would the project: a) Cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system? Less Than Significant Impact. The project will generate 160 Average Daily Trips (ADT). "While the increase in ttaffic from the proposed project may be shghtly noticeable, the stteet system has been designed and sized to accommodate ttaffic from the project and cumulative development in the City of Carlsbad. The proposed project would not, therefore, cause an increase in ttaffic that is substantial in relation to the existing ttaffic load and capacity ofthe sfreet system. The impacts from the proposed project are, therefore, less than significant. b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? Less Than Significant Impact. SANDAG acting as the County Congestion Management Agency has designated three roads (Rancho Santa Fe Rd., El Camino Real and Palomar Airport Rd.) and two highway segments in Carlsbad as part ofthe regional circulation system. The Existing and Buildout average daily fraffic (ADT) and Existing LOS on these designated roads and highways in Carlsbad is: Rancho Santa Fe Road El Camino Real Palomar Airport Road SR 78 1-5 Existing ADT* 17-35 27-49 10-57 124-142 199-216 LOS "A-D" "A-C" "A-D" "F" "D" Buildout ADT* 35-56 33-62 30-73 156-180 260-272 *The numbers are in thousands of daily trips. 21 Rev. 07/03/02 The Congestion Management Program's (CMP) acceptable Level of Service (LOS) standard is "E", or LOS "F" if that was tiie LOS in the 1990 base year (e.g., SR 78 m Carlsbad was LOS "F" in 1990). Accordmgly, all designated roads and highways are cunentiy operating at or better than the acceptable standard LOS. Note that the buildout ADT projections are based on the flill implementation of the region's general and community plans. The proposed project is consistent with the general plan and, therefore, its fraffic was used in modeling the buildout projections. Achievement of the CMP acceptable Level of Service (LOS) "E" standard assumes implementation of the adopted CMP sfrategies. Based on the design capacity(ies) of the designated roads and highways and implementation of the CMP sfrategies, they will function at acceptable level(s) of service in the short- term and at buildout. c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? No Impact. The proposed project does not include any aviation components. The project is not located within the boundaries of the Comprehensive Land Use Plan for the McClellan-Palomar Airport. It would not, therefore, result in a change of air fraffic pattems or result in substantial safety risks. No impact assessed. d) Substantially increase hazards due to a design feature or incompatible uses? No Impact. All project circulation improvements will be designed and constracted to City standards; and, therefore, would not resuh in design hazards. The proposed project is consistent with the City's general plan and zoning. Therefore, it would not increase hazards due to an incompatible use. No impact assessed. e) Result in inadequate emergency access? No Impact. The proposed project has been designed to satisfy the emergency requirements of the Fire and Police Departments. No impact assessed. f) Result in inadequate parking capacity? No Impact. The proposed project is not requesting a parking variance. Additionally, the project would comply with the City's parking requirements to ensure an adequate parking supply. No impact assessed. g) Conflict with adopted policies, plans or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks, etc.)? No Impact. The proposed project does not conflict with adopted policies, plans, or programs supporting altemative ttansportation. 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? No Impact. The proposed project will not degrade the quality ofthe environment. The project site does not contain any fish or wildlife species. Therefore, the project will not reduce the habitat of a fish or wildlife species. The project site is a vacant, previously graded, infill site which is sunounded by existing residential development. The site is not identified by any habitat conservation plan as containing a protected, rare or endangered plant or animal community. Therefore, the project will not threaten a plant or animal community. In addition, there are no historic stractures on the site and there are no known cultui-al resources on the site. The project will not result in the elimination of any important examples of Cahfomia 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 22 Rev. 07/03/02 when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects?) Less than Significant Impact. San Diego Association of Governments (SANDAG) projects regional growth for the greater San Diego area, and local general plan land use policies are incorporated into SANDAG projections. Based upon those projections, region-wide standards, including storm water quality confrol, air quality standards, habitat conservation, congestion management standards, etc, are estabhshed to reduce the cumulative inpacts of development in the region. All of the City's development standards and regulations are consistent with the region- wide standards. The City's standards and regulations, including grading standards, water quality and drainage standards, fraffic standards, habitat and cultural resource protection regulations, and public facility standards, ensure that development within the City will not result m a significant cumulatively considerable impact. There are two regional issues that development within the City of Carlsbad has the potential to have a cumulatively considerable impact on. Those issues are air quality and regional cuculation. As discussed above, the project would confribute to a cumulatively considerable potential net increase in emissions throughout the air basin. As described above, however, emissions associated with the residential development would be minimal. Given the limited emissions potentially associated with the residential development of the site, aii quality would be essentially the same whether or not the residential development is implemented. According to the CEQA Guidelines Section 15130 (a)(4), the project's confribution to the cumulative impact is considered de minimus. Any inpact is assessed as less than significant. The County Congestion Management Agency (CMA) has designated three roads (Rancho Santa Fe Rd., El Camino Real and Palomar Airport Rd.) and two highway segments in Carlsbad as part of the regional cfrculation system. The CMA has detennined, based on the City's growth projections in the General Plan, that these designated roadways will function at acceptable levels of service in the short-term and at build-out. The project is consistent with the City's growth projections, and therefore, the cumulative impact from the project to the regional circulation system is less than significant. With regard to any other potential impact associated with the project. City standards and regulations will ensure that the proposed development of the site will not result in a significant cumulatively considerable impact. c) Does the project have environmental effects, which will cause the substantial adverse effects on human beings, either directly or indirectly? No Impact. Based upon the residential nature of the project and the fact that fiiture development of the site will comply with all City standards, the project will not result in any direct or indirect substantial adverse environmental effects on human beings. Any future residential development on the site will be requfred to comply with all applicable federal, state, regional and City regulations, which will ensure the development of the site will not resuh in an adverse impact on human beings, either directly or indirectly. EARLIER ANALYSIS USED AND SUPPORTING INFORMATION SOURCES 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. 1. Final Program Environmental Impact Report for the Zone 20 Specific Plan proiect, Carlsbad. Cahfomia. (EIR 90-03), City ofCarlsbad, CA, June 1992 (SCH 90010134). 2. Preliminary Geotechnical Evaluation. Yamamoto Property. APN 215-040-05. City of Carlsbad, San Diego County, Geosoils, Inc, January 8, 2004. 3. Storm Water Management Plan for Yamamoto Propertv Tentative Map. Michael L. Benesh, RCE 37893, January 6, 2004. 4. Drainage Study. Tentative Map CT 04- . Yamamoto Propertv, Michael L. Benesh, RCE 37893, January 6, 2004. 5. Phase 1 Envfronmental Site Assessment, Yamamoto Propertv. Black Rail Road. Carlsbad. CA 92009. APN 215-040-05. Planning Systems, January 2004. 6. Cultural Resources Test Report for the Yamamoto Propertv: Site SDM-W-2046 Carlsbad. Califomia. Gallegos & Associates, July 2004. 7. City of Carlsbad Geotechnical Hazards Analvsis and Mapping Study, November 1992. 23 Rev. 07/03/02 1 PLANNING COMMISSION RESOLUTION NO. 5829 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CTTY OF CARLSBAD, CALIFORNIA, RECOMMENDING 3 APPROVAL OF A ZONE CHANGE FROM LIMITED CONTROL (LC) TO ONE-FAMILY RESIDENTIAL (R-l) ON A 4 5.09 ACRE SITE GENERALLY LOCATED ON THE EAST 5 SIDE OF BLACK RAIL ROAD, SOUTH OF SONGBIRD AVENUE AND NORTH OF OCEAN CREST AVENUE IN THE 6 MELLO n SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 20. 7 CASE NAME: YAMAMOTO SUBDIVISION g CASE NO.: ZC 04-01 9 WHEREAS, William Gustafson, "Developer," has filed a verified apphcation 10 with the City of Carlsbad regarding property described as The south half of the northwest quarter of the northwest j2 quarter of the northeast quarter of Section 27, T12S, R4W, SBBM, in the City of Carlsbad, County of San Diego, State of 13 California 14 ("the Property"); and WHEREAS, said application constitutes a request for a Zone Change as shown on 16 17 18 Carlsbad Municipal Code; and 20 "WHEREAS, the Planning Commission did, on the 2nd day of February 2005, 21 hold a duly noticed pubUc hearing as prescribed by law to consider said request; and 22 "WHEREAS, at said public hearing, upon hearing and considering all testimony and 23 arguments, if any, of all persons desiring to be heard, said Commission considered all factors 24 2^ relating to the Zone Change. 26 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 27 Commission of the City of Carlsbad as follows: 28 A) That the foregoing recitations are true and correct. Exhibit "ZC 04-01" dated February 2, 2005, attached hereto and on file in the Planning Department, YAMAMOTO SUBDIVISION - ZC 04-01 as provided by Chapter 21.52 ofthe ^ B) That based on the evidence presented at the public hearing, the Commission 2 RECOMMENDS APPROVAL ZC 04-01 - YAMAMOTO SUBDIVISION based on the following findings and subject to the following conditions: 3 " 4 Findings: ^ 1. That the proposed Zone Change fi-om Limited Control (L-C) to One-Family Residential (R-l) is consistent with the goals and policies of the various elements of the 6 General Plan, in that the proposed zone replaces the L-C zone which is intended to be an interim zone designation. The proposed R-l zone is consistent with the 7 Residential Low-Medium Density (RLM, 0-4 du/ac) General Plan designation and g the Zone 20 Specific Plan (SP 203) which was earlier found to be consistent with the General Plan. 9 That the Zone Change will provide consistency between the General Plan and Zoning as 10 mandated by Califomia State law and the City of Carlsbad General Plan Land Use Element, in that the zone designation shown on Exhibit "ZC 04-01" attached hereto, ^ ^ implements the General Plan Land Use designation of RLM. 12 3. That the Zone Change is consistent with the public convenience, necessity and general 13 welfare, and is consistent with soimd planning principles in that residential uses allowed by the proposed zone change are compatible with the adjacent and future 14 residential uses. Conditions: 15 16 This approval is granted subject to the approval ofthe Negative Declaration and LCPA 17 04-02 and is subject to all conditions contained in Planning Commission Resolutions No. 5828 and 5830 for those other approvals incorporated herein by reference. 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 5829 ^ NOTICE 2 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, ^ reservations, or other exactions hereafter collectively referred to for convenience as 4 "fees/exactions." 5 You have 90 days fi-om date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Govemment Code Section 6 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or 8 annul their imposition. 7 10 9 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer coimection fees and capacity charges, nor plaiming, zoning, grading or other similar application processing or service fees in connection with this J 2 project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise 12 expired. 13 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning 14 15 16 17 18 19 ABSENT: 20 ABSTAIN: 21 22 Commission of the City of Carlsbad, Califomia, held on the 2nd day of February 2005, by the following vote, to wit: AYES: NOES: 23 JEFFRE N. SEGALL, Chairperson CARLSBAD PLANNING COMMISSION 24 25 26 27 28 ATTEST: DON NEU Assistant Planning Director PC RESO NO. 5829 zc 04-01 - YAMAMOTO SUBDIVISION February 2. 2005 Related Case File No(s): LCPA 04-02/CT 04-01/CDP 04-01 Zoning Map Designation Change Property From: To: A. 215-040-05 L-C R-1 B. C. D. Attach additional pages if necessary 1 ORDINANCE NO. 4 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING SECTION 3 21.05.030 OF THE CARLSBAD MUNICIPAL CODE BY AN AMENDMENT TO THE ZONING MAP TO GRANT A ZONE CHANGE, ZC 04-01, FROM LIMITED CONTROL (L-C) TO 5 ONE-FAMILY RESIDENTIAL (R-1) ON A 5.09 ACRE SITE GENERALLY LOCATED ON THE EAST SIDE OF BLACK 6 RAIL ROAD, SOUTH OF SONGBIRD AVENUE AND NORTH OF OCEAN CREST AVENUE IN THE MELLO II 7 SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 20. 8 CASE NAME: YAMAMOTO SUBDIVISION CASE NO.: ZC 04-01 The City Council of the City of Carlsbad, California does ordain as follows: SECTION I: That Section 21.050.30 of the Carlsbad Municipal Code, being the zoning map, is amended as shown on the map marked Exhibit "ZC 04-01" dated February 2, 2005, attached hereto and made a part hereof SECTION II: That the findings and conditions of the Planning Commission as set forth In Planning Commission Resolution No. 5829 constitute the findings and conditions of the City Council. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in a newspaper of general circulation within fifteen days after its adoption. (Not withstanding the preceding, this ordinance shall not be effective within the City's Coastal Zone until approved by the California Coastal Commission.) INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the day of , 2005, and thereafter /// /// /// /// /// 1 PASSED AND ADOPTED at a regular meeting of said City Council held on the 2 day of , 2005, by the following vote, to wit: 3 AYES: 4 NOES: 5 ABSENT: 6 ABSTAIN: 7 8 9 10 11 12 13 14 15 APPROVED AS TO FORM AND LEGALITY RONALD R. BALL, City Attorney CLAUDE A. LEWIS, Mayor ATTEST: 16 LORRAINE M. WOOD, City Clerk 17 (SEAL) 18 19 20 21 22 23 24 25 26 27 28 -2- zc 04-01 - YAMAMOTO SUBDIVISION February 2. 2005 Related Case File No(s): LCPA 04-02/CT 04-01/CDP 04-01 Zoning Map Designation Change Propertv From: To: A. 215-040-05 L-C R-1 B. 0. D. Attach additional pages if necessary 1 PLANNING COMMISSION RESOLUTION NO. 5830 5 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING 3 APPROVAL OF AN AMENDMENT TO THE CARLSBAD LOCAL COASTAL PROGRAM TO CHANGE THE LOCAL 4 COASTAL PROGRAM ZONING DESIGNATION FROM LIMITED CONTROL (L-C) TO ONE-FAMILY RESIDENTIAL (R-l) ON A 5.09 ACRE SITE GENERALLY LOCATED ON 6 THE EAST SIDE OF BLACK RAIL ROAD, SOUTH OF SONGBIRD AVENUE AND NORTH OF OCEAN CREST 7 AVENUE IN THE MELLO H SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 20. 9 CASE NAME: YAMAMOTO SUBDIVISION CASE NO.: LCPA 04-02 10 " 11 j2 General Plan, and Zoning designations for properties in the Coastal Zone be in conformance; and 8 13 14 15 WHEREAS, Cahfomia State law requires that the Local Coastal Program, "WHEREAS, William Gustafson, "Developer," has filed a verified appUcation for an amendment to the Local Coastal Program designations regarding property described as 15 The south half of the northwest quarter of the northwest quarter of the northeast quarter of Section 27, T12S, R4W, 17 SBBM, in the City of Carlsbad, County of San Diego, State of California 18 19 ("the Property"); and 20 "WHEREAS, said application constitutes a request for a Local Coastal Program 21 Amendment as shown on Exhibit "LCPA 04-02" dated February 2, 2005, attached hereto, as provided in Public Resources Code Section 30574 and Article 15 of Subchapter 8, Chapter 2, Division 5.5 of Title 14 of the Califomia Code of Regulations of the Califomia Coastal Commission Administrative Regulations; and 22 23 24 25 26 WHEREAS, the Planning Commission did, on the 2nd day of February 2005, 27 hold a duly noticed public hearing as prescribed by law to consider said request; and 28 WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Local Coastal Program Amendment; and 1 2 3 4 ^ "WHEREAS, State Coastal Guidelines requires a six week public review period for any 6 amendment to the Local Coastal Program. 7 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: 9 A) That the foregoing recitations are tme and correct. 10 B) At the end of the State mandated six week review period, starting on December ^ ^ 23, 2004 and ending on February 3, 2005, staff shall present to the City Council j2 a summary of the comments received. 13 C) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of LCPA 04-02 - YAMAMOTO 14 SUBDIVISION based on the following findings and subject to the following conditions: 16 Findings; 17 1. That the proposed Local Coastal Program Amendment meets the requirements of, and is in conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies 1 ^ of the Mello II segment of the Carlsbad Local Coastal Program not being amended by this amendment, in that the proposed Local Coastal Program R-l zoning designation is consistent with the Residential Low-Medium Density (RLM, 0-4 du/ac) General 20 Plan and Local Coastal Program land use designations and the Zone 20 Specific Plan (SP 203), and the project is required to provide drainage and erosion control 21 measures. 22 2. That the proposed amendment to the Mello II segment of the Carlsbad Local Coastal 22 Program is required to bring the property's Local Coastal Program Zoning designation into consistency with the General Plan and Local Coastal Program land 24 use designations and the Zone 20 Specific Plan. 25 Conditions; 2^ 1. This approval is granted subject to the approval of the Negative Declaration and ZC 04- 2y 01 and is subject to all conditions contained in Planning Commission Resolutions No. 5828 and 5829 for those other approvals incorporated herein by reference. 28 PC RESO NO. 5830 -2- 1 2 3 4 5 6 NOES: 7 ABSENT: ABSTAIN PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 2nd day of February 2005, by the following vote, to wit: AYES: ATTEST: 8 9 10 11 JEFFRE N. SEGALL, Chairperson 12 CARLSBAD PLANNING COMMISSION 13 14 15 16 DON NEU Assistant Planning Director 17 " 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 5830 LCPA 04-02 - YAMAMOTO SUBDIVISION ZONING FEBRUARY 2. 2005 Related Case File No(s): ZC 04-01/CT 04-01/CDP 04-01 LCP Map Designation Change Property From: To: A. 215-040-05 L-C R-1 B. C. D. Attach additional pages if necessary 1 PLANNING COMMISSION RESOLUTION NO. 5831 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING 3 CARLSBAD TRACT NUMBER CT 04-01 TO SUBDIVIDE A 5.09 ACRE SITE INTO 16 RESIDENTIAL LOTS ON 4 PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF . BLACK RAIL ROAD, SOUTH OF SONGBIRD AVENUE AND NORTH OF OCEAN CREST AVENUE IN THE MELLO H 6 SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 20. 7 CASE NAME: YAMAMOTO SUBDIVISION g CASE NO.: CT 04-01 9 "WHEREAS, William Gustafson, "Developer," has filed a verified application 10 with the City of Carlsbad regarding property described as The south half of the northwest quarter of the northwest 12 quarter of the northeast quarter of Section 27, T12S, R4W, SBBM, in the City of Carlsbad, County of San Diego, State of 13 California 14 ("the Property"); and 15 16 17 18 19 Carlsbad Municipal Code; and 20 WHEREAS, the Planning Commission did, on the 2nd day of February 2005, 21 hold a duly noticed public hearing as prescribed by law to consider said request; and 22 WHEREAS, at said public hearing, upon hearing and considering all testimony 23 and arguments, if any, of persons desiring to be heard, said Commission considered all factors 24 relating to the Tentative Tract Map. 26 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 27 Commission of the City of Carlsbad as follows: 28 A) That the foregoing recitations are tme and correct. WHEREAS, said verified application constitutes a request for a Tentative Tract Map as shown on Exhibits "A" - "G" dated February 2, 2005, on file in the Planning Department YAMAMOTO SUBDIVISION - CT 04-01, as provided by Title 20 of the ^ B) That based on the evidence presented at the public hearing, the Commission 2 APPROVES YAMAMOTO SUBDIVISION - CT 04-01, based on the following findings and subject to the following conditions: 3 4 5 8 13 17 Findings; 1. That the proposed map and the proposed design and improvement of the subdivision as conditioned, is consistent with and satisfies all requirements of the General Plan, any 6 appUcable specific plans. Titles 20 and 21 ofthe Carlsbad Mtmicipal Code, and the State Subdivision Map Act, and will not cause serious public health problems, in that the 7 project is consistent with all the minimum requirements of Titles 20 and 21 governing lot size and configuration and has been designed to comply with all applicable City regulations, including the General Plan and the Zone 20 Specific 9 Plan (SP 203). IQ 2. That the proposed project is compatible with the surrounding fiiture land uses since surrounding properties are designated for residential development on the General Plan, 11 and are developed with single-family development with a comparable density. 12 3. That the site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed, in that the project site can accommodate the proposed residential 14 development while complying with all development standards and public facilities requirements. 15 4. That the design of the subdivision or the type of improvements will not conflict with 16 easements of record or easements estabUshed by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in that concurrent with the recordation of the final map the developer will vacate and 13 adjust any easements that conflict with the proposed development 19 5. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (WilUamson Act). 20 That the design of the subdivision provides, to the extent feasible, for fixture passive or 21 natural heating or cooling opportunities in the subdivision, in that the lots are oriented 22 to allow for solar exposure and take advantage of prevailing breezes. 23 7. That the Planning Commission has considered, in connection with the housing proposed by this subdivision, the housing needs of the region, and balanced those housing needs 24 against the public service needs of the City and available fiscal and environmental resoiu-ces. 25 2^ That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish and wildlife or their 27 habitat, in that the project site has been previously disturbed by agricultural activities and is surrounded by existing development. 28 PC RESO NO. 5831 12 9. That the discharge of waste from the subdivision will not result in violation of existing 2 Califomia Regional Water Quality Control Board requirements, in that the project has been designed in accordance with the Best Management Practices for water quality 3 protection in accordance with the City's sewer and drainage standards and the project is conditioned to comply with the National Pollution Discharge Elimination 4 System (NPDES) requirements. ^ 10. The Planning Commission finds that the project, as conditioned herein, is in 6 conformance with the Elements of the City's General Plan and Specific Plan 203 based on the facts set forth in the staff report dated February 2, 2005 including, but not limited 7 to the following: 8 A) Land Use - The project is consistent with the City's General Plan since the g proposed density of 3.14 du/ac is within the density range of 0 - 4.0 du/ac specified for the site as indicated in the Land Use Element of the General 10 Plan. The project's proposed density of 3.14 du/ac is slightly below the Growth Management Control Point density (3.2 du/ac) used for the purpose 11 of calculating the City's compliance with Government Code Section 65584. However, consistent with Program 3.8 of the City's certified Housing Element, all of the dwelling units, which were anticipated toward achieving 13 the City's share of the regional housing need that are not utilized by developers in approved projects, are deposited in the City's Excess Dwelling 14 Unit Bank. These excess dwelling units are available for allocation to other projects. Accordingly, there is no net loss of residential unit capacity and 1^ there are adequate properties identified in the Housing Element allowing residential development with a unit capacity, including second dwelling units, adequate to satisfy the City's share ofthe regional housing need. 17 B) Circulation - The project is served by existing fully improved public streets, 18 Songbird Avenue and Surf Crest Street, which operate at an acceptable level of service. The project will install new street improvements and will provide 1^ direct access for each lot to public streets. 20 C) Housing - The project is consistent with the Housing Element of the General 21 Plan and the Inclusionary Housing Ordinance as the developer has been conditioned to enter into an Affordable Housing Agreement for the purchase 22 of 3 credits in the Villa Loma affordable housing project to satisfy its 15% inclusionary housing requirement. 23 24 11. The project is consistent with the City-Wide FaciUties and Improvements Plan, the Local Facilities Management Plan for Zone 20 and all City pubhc facility poUcies and 25 ordinances. The project includes elements or has been conditioned to constmct or provide fimding to ensure that all facilities and improvements regarding: sewer collection 26 and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; govemment administrative facilities; and open space, related to the 27 project will be installed to serve new development prior to or concurrent with need. 2g Specifically, PC RESO NO. 5831 -3- 28 c. The PubUc Facility fee is required to be paid by Council PoUcy No. 17 and will be collected prior to the issuance of building permit. ^ a. The project has been conditioned to provide proof from the Carlsbad Unified 2 School District that the project has satisfied its obligation for school facilities. 3 b. Park-in-lieu fees are required by Carlsbad Mtmicipal Code Chapter 20.44, and will be collected prior to issuance of building permits. 4 5 ^ 12. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal 7 Code Section 14.28.020 and Landscape Manual Section IB). 8 13. The Planning Commission of the City of Carlsbad does hereby find: ^ a. it has reviewed, analyzed and considered Negative Declaration, YAMAMOTO IQ SUBDIVISION - ZC 04-01/LCPA 04-02/CT 04-01/CDP 04-01 the environmental impacts therein identified for this project and any comments 11 thereon prior to RECOMMENDING ADOPTION of the project; and 12 b. the Negative Declaration has been prepared in accordance with requirements of j2 the Califomia Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and 14 c. it reflects the independent judgment of the Planning Commission of the City of 15 Carlsbad; and d. based on the EIA Part n and comments thereon, there is no substantial evidence ly the project will have a significant effect on the environment. 18 14. The proposed project is consistent with the Habitat Management Plan (HMP) for Nattiral Commimities in the City of Carlsbad in that the subject site was previously used for 1^ agriculture and the project is conditioned to pay agricultural conversion mitigation 2Q fees to mitigate the loss of agricultural resources by preserving or enhancing other important coastal resources. There are no sensitive resources either on-site or 21 adjacent to the site, and the project does not require any mitigation or habitat impact fees pursuant to the HMP. 22 15. The Planning Conimission has reviewed each of the exactions imposed on the Developer 23 contained in this resolution, and hereby finds, in this case, that the exactions are imposed 2^ to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. 25 26 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of 27 grading permit or approval of a final map, whichever occurs first. Conditions: PC RESO NO. 5831 1. If any of the following conditions fail to occur; or if they are, by their terms, to be 2 implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to 3 revoke or modify all approvals herein granted; deny or fiirther condition issuance of all fiiture building permits; deny, revoke or further condition all certificates of occupancy 4 issued under the authority of approvals herein granted; record a notice of violation on the ^ property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer 6 or a successor in interest by the City's approval of this Tentative Tract Map. 7 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Tentative Tract Map documents, as necessary to make them intemally consistent and in conformity with the final action on the project. Development 9 shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 8 10 „ 3. Developer shall comply with all applicable provisions of federal, state, and local laws and ^ ^ regulations in effect at the time of building permit issuance. 12 If any condition for constraction of any public improvements or facilities, or the payment 13 of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Govemment Code Section 14 66020. If any such condition is determined to be invaUd this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 15 16 . Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold 17 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attomey's fees incurred by the City arising, directly 19 or indirectly, from (a) City's approval and issuance ofthis Tentative Tract Map, and (b) City's approval or issuance of any permit or action, whether discretionary or non- 20 discretionary, in connection with the use contemplated herein. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval 21 is not validated. 22 6. The Developer shall submit to the Planning Department a reproducible 24" x 36" mylar 23 copy of the Tentative Map reflecting the conditions approved by the final decision making body. 24 25 Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Carlsbad Unified School District that this project has satisfied its 26 obUgation to provide school facilities. 27 8. This project shall comply with all conditions and mitigation measures, which are required as part of the Zone 20 Local Facilities Management Plan and any amendments made to 28 that Plan prior to the issuance of building permits. PC RESO NO. 5831 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. A note to this effect shall be placed on the Final Map. 10. This approval is granted subject to the approval ofthe Negative Declaration, ZC 04-01, LCPA 04-02 and CDP 04-01 and is subject to all conditions contained in Planning Commission Resolutions No. 5828, 5829, 5830 and 5832 for those other approvals incoiporated herein by reference. 11. Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. Developer shall constmct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, frash, and debris. 12. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Department and accompanied by the project's building, improvement, and grading plans. 13. Developer shall establish a homeowner's association and corresponding covenants, conditions and restrictions. Said CC&Rs shall be submitted to and approved by the Planning Director prior to final map approval. Prior to issuance of a building permit the Developer shall provide the Planning Department with a recorded copy of the official CC&Rs that have been approved by the Department of Real Estate and the Planning Director. At a minimum, the CC&Rs shall contain the following provisions: a. General Enforcement by the Citv. The City shall have the right, but not the obligation, to enforce those Protective Covenants set forth in this Declaration in favor of, or in which the City has an interest. b. Notice and Amendment. A copy of any proposed amendment shall be provided to the City in advance. If the proposed amendment affects the City, City shall have the right to disapprove. A copy of the final approved amendment shall be transmitted to City within 30 days for the official record. c. Failure of Association to Maintain Common Area Lots and Easements. In the event that the Association fails to maintain the "Common Area Lots and/or the Association's Easements" as provided in Article , Section the City shall have the right, but not the duty, to perform the necessary maintenance. If the City elects to perform such maintenance, the City shall give written notice to the Association, with a copy thereof to the Owners in the Project, setting forth with particularity the maintenance which the City finds to be required and requesting the same be carried out by the Association within a period of thirty (30) days from the giving of such notice. In the event that the Association fails to carry out such maintenance of the Common Area Lots and/or Association's Easements within the PC RESO NO. 5831 5 8 period specified by the City's notice, the City shall be entitled to cause such work to 2 be completed and shall be entitled to reimbursement with respect thereto from the Owners as provided herein. 3 d. Special Assessments Levied by the Citv. In the event the City has perfonned the 4 necessary maintenance to either Common Area Lots and/or Association's Easements, the City shall submit a written invoice to the Association for all costs incurred by the City to perform such maintenance of the Common Area Lots and or Association's 5 Easements. The City shall provide a copy of such invoice to each Owner in the Project, together with a statement that if the Association fails to pay such invoice in 7 full within the time specified, the City will pursue collection against the Owners in the Project pursuant to the provisions ofthis Section. Said invoice shall be due and payable by the Association within twenty (20) days of receipt by the Association. If 9 the Association shall fail to pay such invoice in fiill within the period specified, payment shall be deemed delinquent and shall be subject to a late charge in an amount 10 equal to six percent (6%) of the amount of the invoice. Thereafter the City may pursue collection from the Association by means of any remedies available at law or 11 in equity. Without limiting the generality of the foregoing, in addition to all other j2 rights and remedies available to the City, the City may levy a special assessment against the Owners of each Lot in the Project for an equal prorata share of the invoice, 13 plus the late charge. Such special assessment shall constitute a charge on the land and shall be a continuing Uen upon each Lot against which the special assessment is 14 levied. Each Owner in the Project hereby vests the City with the right and power to levy such special assessment, to impose a lien upon their respective Lot and to bring all legal actions and/or to pursue lien foreclosure procedures against any Owner and 16 his/her respective Lot for purposes of collecting such special assessment in accordance with the procedures set forth in Article of this Declaration 15 17 „ e. Landscape Maintenance Responsibilities. The HOA shall be responsible for 18 maintaining all the landscaping installed on the subject site. 19 14. Developer shall provide a minimum of 25 percent ofthe lots with adequate sideyard area 20 for Recreational Vehicle storage pursuant to City Standards and the Zone 20 Specific Plan (SP 203). The CC&Rs shall prohibit the storage of recreational vehicles in the 21 required front yard setback. 22 15. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy 23 #17, the License Tax on new constraction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if appUcable), subject to any credits authorized by 24 Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 20, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this 26 approval will not be consistent with the General Plan and shall become void. 27 16. Developer shall submit a sfreet name list consistent with the City's sfreet name policy subject to the Planning Director's approval prior to final map approval. 28 PC RESO NO. 5831 17. Developer shall submit to the City a Notice of Restriction to be filed in the office of the 2 County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Zone 3 Change, Local Coastal Program Amendment, Tentative Tract Map and Coastal Development Permit by Resolutions No. 5829, 5830, 5831 and 5832 on the property. 4 Said Notice of Restriction shall note the property description, location of the file J containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The 6 Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer 7 or successor in interest. g 18. Prior to the approval of the final map for any phase of this project, or where a map is not 9 being processed, prior to the issuance of building permits for any lots or units, the Developer shall enter into an Affordable Housing Agreement with the City to purchase 10 three (3) affordable housing credits in the Villa Loma housing project, in accordance with the requirements and process set forth in Chapter 21.85 of the Carlsbad Municipal Code. The draft Affordable Housing Agreement shall be submitted to the Planning 12 Director no later than 60 days prior to the request to final the map. The recorded Affordable Housing Agreement shall be binding on all future owners and successors in 13 interest. 14 19. Developer shall display a current Zoning and Land Use Map, or an altemative, suitable to the Planning Director, in the future sales office at all times. All sales maps that are distributed or made available to the public shall include but not be limited to frails, future 16 and existing schools, parks and sfreets, 15 17 20. Developer shall post a sign in the future sales office in a prominent location that discloses which special districts and school district provide service to the project. Said sign shall remain posted until ALL of the units are sold. 19 21. Prior to the recordation of the final map or the issuance of building permits, whichever 20 occurs first, the Developer shall prepare and record a Notice that this property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a 21 form meeting the approval of the Planning Director and the City Attomey (see Noise 22 Form #2 on file in the Planning Department). 23 22. Developer shall post aircraft noise notification signs in all future sales and/or rental offices associated with the new development. The number and locations of said signs 24 shall be approved by the Planning Director (see Noise Form #3 on file in the Planning 2^ Department). 26 23. All constraction activities shall be planned so that grading will occur in units that can be easily completed within the summer constraction season. All grading operations shall be 27 limited to April 1 to October 1 of each year. All areas disturbed by grading shall be planted within 60 days of initial disturbance and prior to October 1 with temporary or 28 permanent (in the case of finished slopes) erosion confrol methods. The October 1 grading season deadline may be extended with the approval of the City Engineer subject PC RESO NO. 5831 -8- to implementation by October 1 of erosion confrol measures designed to prohibit 2 discharge of sediments offsite during and after the grading operation is completed. Extensions beyond November 15 may be allowed in areas of very low risk of impact to 3 sensitive coastal resources and may be approved either as part of the original coastal development permit or as a formal amendment to an existing coastal development permit. 4 5 Engineering 6 NOTE. lJnless specifically stated in the condition, all of the following conditions, upon the approval of this proposed tentative map, must be met prior to approval of a final map or 7 issuance of a grading permit. General 8 9 .. 24. Prior to hauling dirt or constraction materials to or from any proposed constraction site 10 within this project. Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. 11 12 25. Prior to issuance of any building permit. Developer shall comply with the requirements of the City's anti-graffiti program for wall freatments if and when such a program is 13 formally established by the City. 14 26. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other recorded document, for maintaining the perimeter landscaped slopes and private easements within the subdivision and all private storm drain improvements. 15 16 .. 27. Prior to occupancy. Developer shall install rain gutters to convey roof drainage to an 17 approved drainage course or sfreet to the satisfaction ofthe City Engineer. 1 R ° 28. There shall be one Final Map recorded for this project. 19 29. Developer shall install sight distance corridors at all street intersections in accordance 20 with Engineering Standards. 21 30. Developer shall install sight distance corridors all sfreet intersections in accordance witlj Engineering Standards and shall record the following statement on the Final Map (and in the CC&Rs): 22 23 "No stracture, fence, wall, free, shrab, sign, or other object over 30 inches above the sfreet 24 level may be placed or permitted to encroach within the area identified as a sight distance corridor in accordance with City Standard Public Sfreet-Design Criteria, Section 8.B.3. 2^ The underlying property ovmer shall maintain this condition." 26 The limits of these sight distance corridors shall be reflected on any improvement, 27 grading, or landscape plan prepared in association with this development. 28 PC RESO NO. 5831 -9- Fees/Agreements 1 2 .. 31. Developer shall cause property owner to execute, record and submit a recorded copy to 3 the City Engineer, a deed restriction on the property which relates to the proposed cross lot drainage as shown on the Tentative Map. The deed restriction document shall be in a 4 form acceptable to the City Engineer and shall: 5 A. Clearly delineate the limits ofthe drainage course; 6 B. State that the drainage course is to be maintained in perpetuity by the underlying property owner; and 7 C. State that all future use of the property along the drainage course will not restrict, impede, divert or otherwise alter drainage flows in a manner that will result in damage to the underlying and adjacent properties or the creation of a public nuisance. 10 32. Prior to approval of any grading or building permits for this project. Developer shall cause Owner to give written consent to the City Engineer to the annexation of the area 11 shown within the boundaries of the subdivision into the existing City of Carlsbad Sfreet 12 Lighting and Landscaping District No. 1 and/or to the formation or annexation into an additional Street Lighting and Landscaping District. Said written consent shall be 13 on a form provided by the City Engineer. 14 33. Prior to approval of the Final Parcel Map, Developer shall contribute pro-rata share of the cost for design and construction of a traffic signal at the intersection of Black Rail Road and Poinsettia Lane. The pro rata share shall be based upon average 16 daily traffic as determined by a traffic analysis approved by the City Engineer. 15 17 Grading 1 8 34. Prior to the issuance of a grading permit or building permit, whichever occurs first, 19 Developer shall submit to the City Engineer proof that a Notice of Intention for the start of work has been submitted to the State Water Resources Control Board. 20 35. Based upon a review of the proposed grading and the grading quantities shown on the 21 tentative map, a grading permit for this project is required. Developer shall apply for and 22 obtain a grading pennit from the City Engineer prior to commencement of any work onsite or issuance of any building permits. 23 " 24 25 Dedications/Improvements 36. Developer shall cause Owner to execute a covenant of easement for drainage purposes as shown on the tentative map. The obligation to execute and record the covenant of 26 easement shall be shown and recording information called out on the final map. Developer shall provide City Engineer with proof of recordation prior to issuance of 27 building permit. 28 37. Developer shall cause Owner to make an irrevocable offer of dedication to the City and/or other appropriate entities for all public sfreets and other easements shown on the tentative PC RESO NO. 5831 -10- ^ map. The offers shall be made by a certificate on the final map. All land so offered shall 2 be offered free and clear of all liens and encumbrances and without cost. 3 38. Developer shall execute and record a City standard Subdivision Improvement Agreement to install and secure with appropriate security as provided by law, public improvements 4 shown on the tentative map and the following improvements including, but not Umited to ^ paving, base, signage & striping, sidewalks, curbs and gutters, grading, clearing and grabbing, undergrounding or relocating of utilities, sewer, water, fire hydrants, sfreet 6 lights, retaining walls, and reclaimed water to City Standards to the satisfaction of the City Engineer. The improvements are: 7 8 a) Those public street and utility improvements generally as shown on the tentative map, including: Street "A," Surf Crest Street, Black Rail Road, 9 and offsite storm drain facilities, etc. 10 A list of the above shall be placed on an additional map sheet on the Final Map per the provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above 11 shall be constracted within 18 months of approval of the subdivision or development j2 improvement agreement or such other time as provided in said agreement. 13 39. Developer shall cause Owner to waive direct access rights on the final map for all lots abutting Songbird Avenue and Black Rail Road. 14 15 41. Prior to issuance of building permits. Developer shall underground all existing overhead utilities along and within the subdivision boundary. 40. Surf Crest Street, Street "A," Songbird Avenue and Black Rail Road shall be dedicated by Owner along the project frontage, and within the subdivision, as generally 16 shown on the tentative map. All dedications and improvements shall be in conformance with City of Carlsbad Standards. 17 18 19 42. Developer shall comply with the City's requirements of the National Pollutant Discharge 20 Elimination System (NPDES) permit. Developer shall provide improvements constracted piu-suant to best management practices as referenced in the "Califomia Storm Water Best 21 Management Practices Handbook" to reduce surface pollutants to an acceptable level 22 prior to discharge to sensitive areas. Plans for such improvements shall be submitted to and subject to the approval of the City Engineer. Said plans shall include but not be 23 limited to notifying prospective owners and tenants of the following: 24 A. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and 2^ hazardous waste products. 26 B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, 27 antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any sfreet, pubUc or private, or into storm drain 28 or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical freatments shall meet PC RESO NO. 5831 -11- 1 Federal, State, County and City requirements as prescribed in their respective 12 2 containers. 3 C. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. 4 ^ 43. Prior to the issuance of grading pennit or building permit, whichever occurs first. Developer shall submit for City approval a "Storm Water Pollution Prevention Plan 6 (SWPPP)." The SWPPP shall be in compliance with current requirements and provisions established by the San Diego Region of the CaUfomia Regional Water Quality Confrol 7 Board and City of Carlsbad Requirements. The SWPPP shall address measures to reduce to the maximum extent practicable storm water pollutant nmoff during constraction of ^ the project. At a minimum, the SWPPP shall: 9 a. include all content as established by the CaUfomia Regional Water Quality 10 Confrol Board requirements; b. include the receipt of "Notice of Intent" issued by the Califomia Regional Water 11 Quality Confrol Board; c. recommend source confrol and treatment confrol Best Management Practices (BMPs) that will be implemented with this project to avoid contact or filter said 13 pollutants from storm water to the maximum extent practicable before discharging to City right-of-way or natural drainage course; and 14 d. estabUsh specific procedures for handling spills and routine clean up. Special considerations and effort shall be appUed to employee education on the proper ^ ^ procedures for handling clean up and disposal of pollutants. 16 44. Prior to the issuance of grading permit or building permit, whichever occurs first, 17 Developer shall submit for City approval a "Storm Water Management Plan (SWMP)." The S"WMP shall demonsfrate compUance with the City of Carlsbad Standard Urban 18 Stormwater Mitigation Plan (SUSMP), Order 2001 -01 issued by the San Diego Region of the Califomia Regional Water Quality Confrol Board and City of Carlsbad Municipal Code. The S"WMP shall address measures to avoid contact or filter said pollutants from 20 storm water, to the maximum extent practicable, for the post-constraction stage of the project. At a minimum, the SWMP shall: 21 a. identify existing and post-development on-site poUutants-of-concem; b. identify the hydrologic unit this project contributes to and impaired water bodies 23 that could be impacted by this project; c. recommend source confrols and freatment confrols that will be implemented with 24 this project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging to City right-of-way; 25 d. establish specific procedures for handling spills and routine clean up. Special 26 considerations and effort shall be applied to employee education on the proper procedures for handUng clean up and disposal of pollutants; 27 e. ensure long-term maintenance of all post constmct BMPs in perpetuity; and f identify how post-development runoff rates and velocities from the site will not 28 exceed the pre-development nmoff rates and velocities to the maximum extent practicable. PC RESO NO. 5831 -12- Final Map Notes 45. Prior to occupancy. Developer shall install streetlights, sidewalks, and pedestrian access 2 ramps, along all public and private sfreet frontages abutting and/or within the subdivision boundary in conformance with City of Carlsbad Standards. 3 " 4 2 46, Developer shall show on Final Map the net developable acres for each parcel. 6 47. Note(s) to the following effect(s) shall be placed on the map as non-mapping data: 7 A. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. 8 9 B. No stracture, fence, wall, tree, shrab, sign, or other object over 30 inches above the street level may be placed or permitted to encroach witiiin the area identified 10 as sight distance corridors. ^ ^ C. A covenant for easement for drainage purposes over lots 4, 5, and 12 shall be 12 recorded concurrently with the final map. The easement shall provide for access, maintenance and drainage rights. 13 " 14 15 Water 48. Prior to approval of improvement plans or final map. Developer shall meet with the Fire Marshal to determine if fire protection measures (fire flows, fire hydrant locations, 16 building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the 17 satisfaction of the District Engineer. ^8 49. The Developer shall design and constmct pubhc facilities within public right-of-way or 19 within minimum 20-feet wide easements granted to the District or the City of Carlsbad. At the discretion of the District Engineer, wider easements may be required for adequate 20 maintenance, access and/or joint utility purposes. 21 50. Prior to issuance of building permits. Developer shall pay all fees, deposits, and charges for connection to public facilities. Developer shall pay the San Diego Countv Water Authority capacity charge(s) prior to issuance of Building Permits. 22 23 51. The Developer shall prepare a colored recycled water use map and submit this map to the 24 Planning Department for processing and approval by the District Engineer. 25 52. The Developer shall design landscape and irrigation plans utiUzing recycled water as a 26 source. Said plans shall be submitted to the satisfaction of the District Engineer. 27 53. The Developer shall design and constmct public water, sewer, and recycled water faciUties to the satisfaction of the District Engineer. Proposed pubUc facilities shall be 28 reflected on pubUc improvement plans. PC RESO NO. 5831 -13- 57. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. ^ 54. Prior to Final Map approval or issuance of building pemiits, whichever is first, the entire 2 potable water, recycled water, and sewer system shall be evaluated in detail to ensure that adequate capacity, pressure, and flow demands can be met to the satisfaction of the 3 District Engineer. 4 Code Reminders ^ The project is subject to all applicable provisions of local ordinances, including but not limited to 6 the following: 7 55. The tentative map shall expire twenty-four (24) months from the date this tentative map ^ approval becomes final. 9 56. Developer shall exercise special care during the constraction phase of this project to prevent offsite sihation. Planting and erosion confrol shall be provided in accordance 10 with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction ofthe City Engineer. 11 12 13 58. Developer shall pay park-in-lieu fees to the City, prior to the approval ofthe final map as 14 required by Chapter 20.44 of the Carlsbad Municipal Code. 59. Any signs proposed for this development shall at a minimum be designed in conformance 16 with the City's Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. 17 60. Approval of this request shall not excuse compliance with all applicable sections of the 18 Zoning Ordinance and all other applicable City ordinances in effect at time of building J ^ permit issuance, except as otherwise specifically provided herein. 20 61. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the Tentative Map are for planning purposes only. Developer shall pay fraffic impact and 21 sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. 23 24 25 26 27 28 PC RESO NO. 5831 -14- 1 2 3 4 7 17 18 19 20 21 NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively refened to for convenience as "fees/exactions." 5 You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Govemment Code Section 6 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or g annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions 9 DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a 11 NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning 12 13 Conimission of the City of Carlsbad, CaUfomia, held on the 2nd day of February 2005, by the 15 following vote, to wit: 16 AYES: NOES: ABSENT: ABSTAIN: ATTEST: 22 JEFFRE N. SEGALL, Chairperson CARLSBAD PLANNING COMMISSION 23 24 25 26 27 DON NEU 2g Assistant Planning Director PC RESO NO. 5831 -15- 1 PLANNING COMMISSION RESOLUTION NO. 5832 5 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL 3 DEVELOPMENT PERMIT CDP 04-01 TO SUBDIVIDE AND GRADE A 5.09 ACRE SITE INTO 16 RESIDENTIAL LOTS ON 4 PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF BLACK RAIL ROAD, SOUTH OF SONGBIRD AVENUE AND NORTH OF OCEAN CREST AVENUE IN THE MELLO H 6 SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 20. 7 CASE NAME: YAMAMOTO SUBDIVISION CASE NO.: CDP 04-01 8 9 WHEREAS, William Gustafson, "Developer/Owner," has filed a verified 10 application with the City of Carlsbad regarding property described as The south half of the northwest quarter of the northwest 12 quarter of the northeast quarter of Section 27, T12S, R4W, SBBM, in the City of Carlsbad, County of San Diego, State of 13 California 14 ("the Property"); and 15 16 17 18 19 21.201.040 of the Carlsbad Mimicipal Code; and 20 WHEREAS, the Planning Commission did, on the 2nd day of February 2005, 21 hold a duly noticed public hearing as prescribed by law to consider said request; and 22 "WHEREAS, at said public hearing, upon hearing and considering all testimony 23 and arguments, if any, of persons desiring to be heard, said Conmiission considered all factors 24 relating to the CDP. 25 26 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 27 Commission of the City of Carlsbad as follows: 28 A) That the foregoing recitations are trae and correct. "WHEREAS, said verified application constitutes a request for a Coastal Development Permit as shown on Exhibits "A" - "G" dated February 2, 2005, on file in the Planning Department YAMAMOTO SUBDIVISION - CDP 04-01, as provided by Chapter ^ B) That based on the evidence presented at the pubhc hearing, the Commission 2 APPROVES YAMAMOTO SUBDIVISION - CDP 04-01, based on the following findings and subject to the following conditions: 3 " 4 Findings; ^ 1. That the proposed development is in conformance with the Mello n Segment of the Certified Local Coastal Program and all applicable policies in that the proposed 6 subdivision does not obstruct public views of the coastline as seen from public lands or rights-of-way; erosion will be controlled by grading in conformance with the 7 City's Standards and restricted to the summer season; no sensitive resources, public access or shoreline access, or water-oriented recreation activities are impacted. 8 9 2. The proposal is in conformity with the public access and recreation poUcies of Chapter 3 ofthe Coastal Act in that the project is not located adjacent to the shore. Therefore, 10 the project will not interfere with the public's right to physical access to the sea and the site is not suited for water-oriented recreational activities. 11 j2 3. The project is consistent with the provisions ofthe Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the proposed project will adhere 13 to the City's Master Drainage Plan, Grading Ordinances, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP) and Jurisdictional Urban Runoff 14 Management Program (JURMP) to avoid increased urban runoff, pollutants and soil erosion. No steep slopes or native vegetation is located on the subject property and the ^5 site is not located in an area prone to landslides, or susceptible to accelerated erosion, 16 floods or liquefaction. 17 4. The project is not located between the sea and the first pubhc road parallel to the sea and, therefore, is not subject to the provisions of the Coastal Shoreline Development Overlay 18 Zone (Chapter 21.204 of the Zoning Ordinance). 19 5. The project complies with the requirements of the Coastal Agricultural Overlay 20 Zone as the project has been conditioned to pay the agricultural conversion mitigation fee to develop with other than agricultural uses. 21 6. The proposed project is consistent with the Habitat Management Plan (HMP) for Natural 22 Communities in the City of Carlsbad in that the subject site was previously used for 23 agriculture and the project is conditioned to pay agricultural conversion mitigation fees to mitigate the loss of agricultural resources by preserving or enhancing other 24 important coastal resources. There are no sensitive resources either on-site or adjacent to the site and the project does not require any mitigation or habitat 25 impact fees pursuant to the HMP. 26 7. The Planning Commission has reviewed each of the exactions imposed on the Developer 27 contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the 28 degree ofthe exaction is in rough proportionality to the impact caused by the project. PC RESO NO. 5832 -2- 8 ^ Conditions; 2 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of 3 grading permit or approval of a final map, whichever occurs first. 4 1. If any of the following conditions fail to occur; or if they are, by their terms, to be ^ implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to 6 revoke or modify all approvals herein granted; deny or further condition issuance of all future building pennits; deny, revoke or further condition all certificates of occupancy 7 issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer 9 or a successor in interest by the City's approval of this Coastal Development Permit 10 2. Staff is authorized and directed to make, or require the Developer to make, all conections and modifications to the Coastal Development Permit documents, as necessary to make them intemally consistent and in conformity with the final action on the project. 12 Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 13 3. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold 14 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attomey's fees incurred by the City arising, directly 16 or indirectly, from (a) City's approval and issuance of this Coastal Development Permit, and (b) City's approval or issuance of any permit or action, whether discretionary or non- 17 discretionary, in connection with the use contemplated herein. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 19 4. If any condition for constraction of any public improvements or facilities, or the payment 20 of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 21 66020. If any such condition is determined to be invalid this approval shall be invalid 22 unless the City Council determines that the project without the condition complies with all requirements of law. 23 5. This approval is granted subject to the approval ofthe Negative Declaration, ZC 04-01, 24 LCPA 04-02 and CT 04-01 and is subject to all conditions contained in Planning Commission Resolutions No. 5828, 5829, 5830 and 5831 for those other approvals incorporated herein by reference. 26 6. All constraction activities shall be planned so that grading will occur in units that can be 27 easily completed within the summer constraction season. All grading operations shall be limited to April 1 to October 1 of each year. All areas disturbed by grading shall be 28 planted within 60 days of initial disturbance and prior to October 1 with temporary or permanent (in the case of finished slopes) erosion confrol methods. The October 1 PC RESO NO. 5832 -3- 15 grading season deadline may be extended with the approval of the City Engineer subject 2 to implementation by October 1 of erosion control measures designed to prohibit discharge of sediments offsite during and after the grading operation is completed. 3 Extensions beyond November 15 may be allowed in areas of very low risk of impact to sensitive coastal resources and may be approved either as part of the original coastal 4 development permit or as a formal amendment to an existing coastal development permit. 5 To offset the conversion of non-prime agricultural land to urban land uses per the 6 requirements of the Mello II Local Coastal Program, the applicant shall provide payment of the agricultural mitigation fee, the amount of which shall not be less 7 than $5,000 nor more than $10,000 for each net converted acre of non-prime agricultural land. The amount of the fee shall be determined by the City Council and be paid by the applicant prior to approval of the final map or issuance of any 9 grading permit, whichever occurs first and shall be consistent with the provisions of Carlsbad's Local Coastal Program. 10 •• 11 8 17 NOTICE 12 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively refened to for convenience as 13 "fees/exactions. 14 You have 90 days from date of final approval to protest imposition of these fees/exactions. If 15 you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for 16 processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. lg You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, 19 zoning, grading or other similar appUcation processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a 20 NOTICE similar to this, or as to which the statute of limitations has previously otherwise 2j expired. 22 23 24 25 26 27 28 PC RESO NO. 5832 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, Califomia, held on the 2nd day of February 2005, by the following vote, to wit: AYES: 1 2 3 4 5 6 NOES: 7 ABSENT: ^ ABSTAIN 9 10 „ JEFFRE N. SEGALL, Chairperson 11 CARLSBAD PLANNING COMMISSION 12 13 ATTEST: 14 15 16 DON NEU Assistant Planning Director 17 " 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 5832 -5- SITE YAMAMOTO SUBDIVISION ZC 04-01/LCPA 04-02/CT 04-01/CDP 04-01 BACKGROUND DATA SHEET CASE NO: ZC 04-01/LCPA 04-02/CT 04-01/CDP 04-01 CASE NAME; YAMAMOTO SUBDIVISION APPLICANT; William Gustafson REQUEST AND LOCATION: Request for approval of a Zone Change. Local Coastal Program Amendment. Tentative Tract Map and Coastal Development Permit to subdivide and grade a 5.09 acre site into 16 residential lots on property generally located on the east side of Black Rail Road, south of Songbird Avenue and north of Ocean Crest Avenue. LEGAL DESCRIPTION; The south half of the northwest quarter ofthe northwest quarter of the northeast quarter of Section 27. T12S. R4W. SBBM. in the Citv of Carlsbad. County of San Diego, State of CaUfomia. APN: 215-040-05 Acres: 5.09 Proposed No. of Lots/Units: 16 residential lots GENERAL PLAN AND ZONING Land Use Designation: Residential Low-Medium Density (RLM, 0-4 du/ac) Density Allowed: 0-4 du/ac; GMCP 3.2 du/ac Density Proposed: 3.14 du/ac Existing Zone: Limited Confrol (L-O Proposed Zone: One-Family Residential (R-l) Sunounding Zoning, General Plan and Land Use: Zoning General Plan Cunent Land Use Site L-C RLM Vacant North R-l-Q RLM Single-family homes South R-l-Q RLM Single-family homes East P-C RLM Single-family homes West L-C RLM Vacant PUBLIC FACILITIES School District: Carlsbad Unified Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): 16 ENVIRONMENTAL IMPACT ASSESSMENT Negative Declaration, issued I I Certified Environmental Impact Report, dated. I I Other, CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: YAMAMOTO SUBDFV/ISION 01/CDP 04-01 ZC 04-01/LCPA 04-02/CT 04- LOCAL FACILITY MANAGEMENT ZONE: 20 GENERAL PLAN: RLM ZOMNG: Limited Confrol (L-C): proposed as R-l DEVELOPER'S NAME: WiUiam Gustafson ADDRESS: 1465 E. Mountain Drive, Santa Barbara. CA 93108 PHONE NO.: (805) 969-7510 ASSESSOR'S PARCEL NO.: 215-040-05 QUANTITY OF LAND USE/DEVELOPMENT (AC, SQ. FT., DU): 5.09 acres ESTIMATED COMPLETION DATE: A. City Administrative Facilities: Demand in Square Footage B. Library: Demand in Square Footage C. Wastewater Treatment Capacity (Calculate with J. Sewer) D. Park: Demand in Acreage = E. Drainage: Demand in CFS = Identify Drainage Basin = F. Circulation: Demand in ADT = G. Fire: Served by Fire Station No. H. Open Space: Acreage Provided = I. Schools: = 55.6 29.7 16 EDU 0.11 10.5 Basin D 160 = 4 0.6 acres Carlsbad 4 Elementary students 2 Junior High students 3 High School students J. K. L. Sewer: Water: Demands in EDU Identify Sub Basin Demand in GPD = 16 20B (Buena/Vallecitos) 3520 GPD The project is 0.3 dwelUng units below the Growth Management Confrol Point dwelling unit allowance. (3.2 du/ac x 5.09 acres net = 16.3 dwelling units allowed) Citv of Carlsbad Planning Department DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board. Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any mdividual, firm, co-partnership, joint venture, association, social club, fratemai organization, corporation, estate, trust, receiver, syndicate, in diis and any other county, city and countyi city municipality, district or other political subdivision or any other group or combination acting as a unit" Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, title, adcfresses 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 necessary.) Person Ui 11\ ><:^lrr-x C=r>\3^p,^-ior-^ Title 'Sooygfi- Corp/Part_ Title Address H(o^ £. n^ourNTA,^^T^. Address 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 ovraing 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- owTied corporation, include the names, titles, and addresses of the corporate officers. (A separate page may bc attached if necessary.) PersonP^"^ Mor^^rr^oro Title Se-We?- Address i\o'^'J^rirvr^vjooOp "Pt- U:>r.\rvoT- c^lsSfeW ~VV^ 1 A Title 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 @ NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a mjst. list the names and addresses of ANY person ser\'ing as an officer or director of the non-profit organization or as trastee or beneficiary of the. Non Profit/Trast__ Non ProfitTrast Title Title, Address Address Have you had more A^n $250 worth of business transacted with any member of City staff. Boards, Commissi<>fis, Committees and/or Council within the past twelve (12) months? • Yes No If yes, please indicate person(s):. NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best^f my knowledge Signature of ovmer/date tQfYv» nn<^o Print or type name of owner Print or type name of applicant Signature of owner/applicanrs ugcnl if appllLablu'datc 0'$ Print or type name of owner/npplioont's agent H;ADMIN\COU»NTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 zc Oi.eU LCPA Oi-Ol I ct OUtl / COF IU.OI • Yamamoto Property^ Tentati^Aes Map Cf tv of Carlsbad Tract IMo. 04-01 TYflCAL SECTION: BLACK RAIL ROAO nlPm*} Tl'6.9 ••i'KCSteK»us(Tv.} VOMBtOinBrCTir:) S-Wtt-i-KCSmmavJ TrrtVOmaeuTTOifTfrJ TYPICAL SECTION: SONGBIRD AVENUE TYPICAL SECTION: STREET 'A' meoma. sum ffHue/ t • i'nc SBtmu (TrrJ DnV ami earn ami TYPICAL SECTION: SURPCREST STREET MLB SUBDIVISION 0 OmiER/SUBDIVtDER: &ior At ammwrnjoBSi LL.C use. mtiumDmm LEGAL DESCRIPVOM: m Scum m/»rxttoKni^utimv Tit mnmfwttmtr MmasTWtimerSKTmlT, TmOMm Sam Rmee 6 mr SiHBBiumtBtsEmmBmmxarrcrcittm^ ouffrtr s«f am siAiteFOumm. NOTES: tjHEwmc auBfiuranat<paLURfiiu.AGMeMiSMMvAieir I TOOL amt trsucMut LOf msMm itt mum S. ceeuLHAKCmmruiltftuoiruiLem^laiin tExsmsntUux: umanm. Pmsasm (Just smiFim.r mmm. 7. TOOL itMmte Uta ffenm » K flaowv tonrr IT (MS ni * X W (SnB Me&' an done _£iLC « f nunme .....^...M^nc tm. ...orr Of ....oncro omxnsamct... ...Dims OMM TV fBiwiit Ura S3WL CBncr a <>a £ttn«a/iMn>« 4» owwirr anw at Rut Cmrr Tmrnnnir t Autcaff tmvmr /Ute. a»*iSJ/ curveKSX. £ Al/Bff SMMf MW MF &B fi. Aewtf QIC r Aim 4MJvr X id Ufls • w r w A0r ineuEf Ji. wirffSbtmOMwaaiMnenx IMrr Wlw j» fi4L<hrJT« AiOL Mis;:/Otf'/lKU/lH JriL4 OurCur: 33M>Cr RutHLSfiOOCr 5mm: ajoecr 7/7/CH- Engineering f'JI CITY OF CARLSBAD \["T TENTATIVt TRACT MAP Oi-Ol TENTATIVt TRACT MAP Oi-Ol Mn& rmeiL acnM vatrrmt CUNNINGHAM CONSULVNO, INC. CMmAOmMU CMmAOmMU CMmAOmMU CJTftmcHM. CMmAOmMU LEGEND: AmtMJWK 'GSABUC Yamamota Tcntativ^G Map CitY of Carlsbad Tract iSlo. 04—0 1 GRAPHIC SCALE EAS&fBfT NOTES: TmiCarm. OHBINO. 3K9aiSm.AiusB9BsniBum. WirSjBnwE NOTES: momoir OK. No. 535-5 FoiBLAa Ruinim m. Hi m-ifotSwtawA'iBuc. AHiDm. No. UH-S nx si^ Cmr SHOT. teraraKTur; awif /»tint «EW- TYPICAL LOT DRAINAGE & LATERAL LOCATIONS NOT ToSCMI Engineering TYPICAL DRAINAGE SWALE DETAIL HorTeSCMi ^JICITY OF CARLSBADJ[^ ^JICITY OF CARLSBADJ[^ TENTATIVE TRACT MAP OU-OI TENTATIVE TRACT MAP OU-OI TENTATIVE TRACT MAP OU-OI TENTATIVE TRACT MAP OU-OI TENTATIVE TRACT MAP OU-OI CUNNINGHAM CONSULTING. INC. CUNNINGHAM CONSULTING. INC. P.O. Bai OOW amim. CA KOfysU W 931-6619 P.O. Bai OOW amim. CA KOfysU W 931-6619 h/TIM. OATE miTM. P.O. Bai OOW amim. CA KOfysU W 931-6619 CITY JfPftOVJO. P.O. Bai OOW amim. CA KOfysU W 931-6619 ^fofite: ^urf ^rest ^tfeet 6m i+OO 3*00 MLB Engineering ^fllcm OF CARLSBAD ^fllcm OF CARLSBAD TENTATIVE TRACT MAP CT O^-Ot TENTATIVE TRACT MAP CT O^-Ot nmcsuroarsnm nmcsuroarsnm CUNNINGHAM CONSULTING, fnc. CMUWaCIBMMV M09SH6lt CMUWaCIBMMV M09SH6lt tiAlt mnAL CMUWaCIBMMV M09SH6lt 'OTTAnwrn. CMUWaCIBMMV M09SH6lt Yamamoto Property Tentative Map CItyr of CarlsbBd Tract No. 04-01 SLOPE ANALYSIS 9«% •MKfr T^oftiimwtrjffsmBaaMiSnxcfe ar na/Hmar ftioerf ar*imHm Tif anSMTPtKir 3!)MtS9A\ee£M t«€Jawei> fKK THS uiaur«N W/Sr 2:1 ±SU>l^ ....... (NOM-NA-TUIIAL /SLOPe. CUCA TeOlDimK coHsntucnoH Ir Somaim Avmuc.) i ••3^kc^t/afu,t.n<e;ssi'Mcirtfl7. { ^ \ I PU'StlO Ir D o - '0 -J o nil « CoNSTRAmrs NOTES: ifCST'uni'm-Assum. aavmtmitaauute-fUf. Sf taamjoiT XMMC Ceuea -.VNT. »tUMIlBIXCWaoif»KS-WC 9}B)!OOff3-AsQiam. MtMChienitwSm - /me. (0 Scan AAWC ABU MM. a;.40(n»r ttunr: • Abr. njnetats-Mn;. I6}mn.*ms-fm. 10 Lm SMject JD Hum rtner /mwcssw £is JK: fitunu TMOi ORB - we GRAPHIC SCALE 'inmiAimL cUUiHt S CMHKts cxen^!'Camus 7 II CITY OF CARLSBAD || "^'^ CONSTRAINT MAP CUNNINGHAM CONSIATING. INC. APN #215-040-05 Jhm Tmtmoto' p«real U prepatmel to etm-miop «• m HntmrntHMit, >T«flW-fj1^>iB>»ft>a prajac*. Located en BUek tall itoact tal««i Atrtar* PartHM^ and PeiMUla Umm^ tta *lt« !• appranlaatoly ft.M groM acTM, and pr—my atfoperU nen-niUv* hdvTUta. Tha tepeorajs^ ef Uw alta ^antly alapaa M«t and aiMt froa « north-MUtn ridfl* oeorrltiQ along prapoMd Surf CWt ^Wmw. AKM gradad, tha alta turn drain north and Mat, a- •"-*- •• - - — - . .. Parimater Landscaping tr—ticapa planun0» ara lalaotad to eeapki allh tha poUcfaa and raquTrwanU of tha CCt]) of Cartabad LandMsapa lianiaL fl^cpcaad planUng* alto ttm lalartad to intagrata alth aadaUng naMtay torStcyaa. a- ' " — eonaarvatlon pisMcj). I. and In raceonlUon of Cltj| aatar aurrewidrM UM* ara s* toHoaaj afngla-raally hewing la loeatad to tha nerUi, tha aaat and tha aoulK «9rtcUlwal uaa occur* to lha amt. Na nauva vagatatJon oeom on or t—•rilatafa adjacent to tha alta. aUek Had Noad la « leaal atroat ofth a *«-reot KO>i ai^ a S4-root traval Um. Ona atraa* Iraa afH ba leoatod tat awwy rortji raal oT atroat fronUgaL etraat traaa ara leeaiad In natiralutia groifMMa iMIa atee A-aafng vfawa rrea aaatrfaelng lou. A aena 2 plantTng or v^naa. ttnJot. and gro—' proptHmd tor the parNMjf. Projact Entry Entry planlfAM ara prlaarl^ Zena 2 planUi^ ceMlaUiQ at palaa andter MaU Tlewarf ng traaa. Intarior Plantings gona 2 pUwUwga aro prepeaad fcr Intarier at/aataoapat. Aa an addllfonal anhaneaaent, a feir Tool alda warfcaau ta propoaad bataean ttw eurt> and aldaaak ot Mraal W. Atlaaat ena ft'oM.-jiard iraa par lot la prepeaad. Wiara alepaa eoetr adjacent to tha atdawal^ wtnb utdJor ground eovar pUntii^ ara provided, btemal alopaa ara planted aa required bj) tha Cim Laculaeapa ManuaL "Kayalaaa" MalnlnB WaM <tMa laocllan arty), nanf 4* Ml Ml havbig hm ttara el plonNnfl peakala w/TroMng Lanlana apeoad at 32''a.«.. f=LANT LIST Ljtfiinuw BUCK Ml. KMP / MRT FLMTKiA .•mm nan m OA. af»J OpfflepMaaMe PlM ceart—ll Caaaji libad pine b]|lMai oMa-ariH Cedi^ ceral Irea %l0ie MeaaomaM fiyaai pita MMaaeon ffiipMebpl? aMiwbtat MiailwUme fiMUO CCMSR fl gdba / IWa) ftagofa cNlaaafi C pJargoaiapakatia kwQeaeta Fatluca gtauca Mua fa* O ftlWET ffttf^M* ban. M Juarandi alwwirella Jitivandi fiNOlO CAW a yta (ftetd ttiMda tp. RB»B3 SLOPE PUNTMSS MWM n«-ft giflaa *d IM^ galea) u Broaalooat 6^ ^MuTcwdSMr rvlX'arnidalra LorapaUta cMiHMla NCH prtletpDnablpfraUndui flpKt-lMf pMledawtik PIUMKM iMriagiU VWIaiMd pftlflipaiv niiptfol^* ip. hdlM t4MifomB ^ . >^ "-ma of lha Mb MOMO COWCR f» fl. vfiai. t g. ante Mdte ftatkJ t^|cponH parvlfMua Dwrf t^pparm Plan Notas ICaTar to civfl draaai^ r< axlaUng traaa on-alia. vicinity Map ror all en ant loeatlona and • H N MFT ITU tSL l^^a^S^ fciaWM par aMiMMl Faqubaaianb HOfilH SCALE CONCEPT SET 5 - NOT FOR CONSTRUCTION Landscape Concept Plan c o a. « c O » n O la c o _1 o o Tt- cp uS 1— CM 1 *t % 2 Ti Q. 1 < I mn • w • Mm L-1 is 3 M 111! It ! . I c o a -5 £ 5 « c ^ a ^ c a. 2 Project Wall Vl6W Fane* Fancing Lagand r****^ rr4wt Wal (« ft. r***^ VlM raoaa (»-• fL Tdl HaMtv/Pbi|lMa ar TMbibr SIMQ I a I Mutv (MaMwy) naiMiBa wiwawlblinii mf <hm ftt^ ito>—TrtlBw. HMT and Ida yaa fnMlM H ba datlgiW Jurliig MM tlf dm-mkmmmH mtm lawlaa wnnifc awl aa ba fypMibftu. «r tha HMHvlOwt tot anv. Molnianancfl Rasponalbfllty Lagand raipawlWim of UM flHtvfaMI iM n 10 O I o c> in Q- < CONCEPT SET 5 - NOT FOR CONSTRUCTION Project Fencing and Maintenance Responsibility L-2 ScmmoAme I S APN #215-040-05 Watar Consaravtlon The Taaanote projeet ta laeatad In a aeeuan or CarWMd thai la Mrvfeed taji racblaad eatar. Water eenaervauon elU abo ba accaiyllihad tlreu^ the laa of aatar coetirWag ptanu aa praeUoaMaL flacana «f alio tapegrapt|^ a eaat-radne iB-a)epa rrea BbOi Rail laoad la propoied. bnctacapad allh Zona 2 - relTflad plantlnga that tand tcnard droudu tsla-ant roject bndteapea aaaoelated Mthiha planu. Othar proj4 •tmataeapab anirle to uaeZoM2 -ran propoied. fttvata ^^rd araaa to ba I'andiPipad b^ tha noeacwnar are not Induded In lhaaa calcubtioia. •tmataeapa^ anirlea, and priwta jjard planUngi are prep ai ad a Zone 2-rarrned pCmur^ Tkat pbnUi^ are not Irrigation Syatem An autenaUe irHgaUan ayaian elth auteeaue oemreUv. head to head covareoa^ and ahedi. vah^ 1M ba mad. Neeblnad aatar la available at iHm leeaUen and atH bauUHMO. CoftolMd Londaoopa Zona* SHa Data ToUl droaa Acre* ToUl planted Aw Zena I - Uah planUngt* Zom 2 - RaflMd planUlu* Zona 3 - Naturalized plaiiUiu Zona 4 - HaUvo pUnUnQ. h-~-~-~-l Zana 1 - MdHWfcid f Supplamantol InigaMan Baaqulramant tUaamm Aoottma Hater AMeaawea flliW Catedatloa Enter Ctoi 4a.ao Enter LA» 4U:}S^ tVMA - \pik^m OaHamA-aar er S.B Ave Pnet Total Hatar mail w > f^i^J-..— 2a» or alta m% or pUnilnoM or planUf«a «» or planUf^ tMd^wiane2 [me>a«one» lM*e«BW4 | »<ictoaane 1 tmfcoaoiia» 1 rydroieriel' Mara aeaaea Uahabvbi^ mitmtlttnB .BwugfCiet NaUM^Utiral^ TfUgaueti grandeovar gatnrirov'ar abJ&fcgJt. z ala A araa rageltlow la provided. O.O0 aerea o» er plaMinfla ant or piantif^ a 4BeNad Hatar AHoaanea rf IbMo fflafloM pv «aerJ Mplrauaa tUe per Toar 0M • BhapolranaparaUon AaUuneaia Paeter LA • Landaeapa 4raa fiapare toeU Ka - crop fpbnU ceanielaM OA2 • CcMwnralen faeter far gallant par aquara feet T0T4L Ml foalV' TOT^ BHU (a<MAU TOTAL HATIR *AVMM OVCR MOHA faera foMJ •HATIR BAVMM Ch«R tUHA . tf.iaA.M > XM i*aA4» 334 0.M - IrrigaUen ernolena ra« UBjBM galena • acre feat a ta M lan ITU CONCEPT SET 5 - NOT FOR CONSTRUCTION WRIH SCALE Water Conservation Plan f I c a o. c o "S t a c o • o cp CD cp CM 1 z 1 < L-3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 5828 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING ADOPTION OF A NEGATIVE DECLARATION TO CHANGE THE CITYWIDE ZONING AND LOCAL COASTAL PROGRAM ZONING DESIGNATIONS FROM LIMITED CONTROL (L-C) TO ONE-FAMILY RESIDENTL\L (R-l) AND, A TENTATIVE TRACT MAP AND COASTAL DEVELOPMENT PERMIT TO GRADE AND SUBDIVIDE A 5.09 ACRE SITE INTO 16 RESIDENTL\L LOTS ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF BLACK RAIL ROAD, SOUTH OF SONGBIRD AVENUE AND NORTH OF OCEAN CREST AVENUE IN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILmES MANAGEMENT ZONE 20. CASE NAME: YAMAMOTO SUBDIVISION CASE NO.: ZC 04-01/LCPA 04-02/CT 04-01/CDP 04-01 WHEREAS, WiUiam Gustafson, "Developer," has filed a verified application vsdth the City of Carlsbad regarding property described as The south half of the northwest quarter of the northwest quarter of the northeast quarter of Section 27, T12S, R4W, SBBM, in the City of Carlsbad, County of San Diego, State of Califomia ("the Property"); and WHEREAS, a Negative Declaration was prepared in conjunction with said project; and WHEREAS, the Planning Commission did, on the 2nd day of February 2005, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, examining the initial study, analyzing the information submitted by staff, and considering any written comments received, the Planning Commission considered all factors relating to the Negative Declaration. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning rnmrnisRion of the Citv nf Carlsbad as follows: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS ADOPTION ofthe Negative Declaration according to Exhibit "ND" dated December 6,2004, according to Exhibits "NOT' dated December 6, 2004, and "PH" dated November 30, 2004, attached hereto and made a part hereof, based on the following findings: Findings: 1. The Planning Commission of the City of Carlsbad does hereby find; a. it has reviewed, analyzed and considered Negative Declaration, YAMAMOTO SUBDIVISION - ZC 04-01/LCPA 04-02/CT 04-01/CDP 04-01 the environmental impacts therein identified for this project and any comments thereon prior to RECOMMENDING ADOPTION ofthe project; and b. the Negative Declaration has been prepared in accordance with requirements of the Califomia Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures ofthe City of Carlsbad; and c. it reflects the independent judgment of the Planning Commission of the City of Carlsbad; and d. based on the EIA Part II and comments thereon, there is no substantial evidence the project will have a significant effect on the environment. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of grading permit or approval of a final map, whichever occurs first. 1. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, fi-om and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attomey's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance ofthis Negative Declaration, and (b) City's approval or issuance of any permit or action, whether discretionary or non- discretionary, in connection with the use contemplated herein. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days firom date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Govemment Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Conimission of the City of Carlsbad, California, held on the 2nd day of February 2005, by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez Heineman, Montgomery and Whitton NOES: ABSENT; JEFFRE N. SEGALL, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Assistant Planning Director Citv of Carlsbad Planning Department NEGATIVE DECLARATION CASE NAME: CASE NO: PROJECT LOCATION: Yamamoto Subdivision ZC 04-01/ LCPA 04-02/ CT 04-01/CDP 04-01 The Southeast comer of Black Rail Rd and Songbird Avenue (APN 215- 040-05) PROJECT DESCRIPTION: The subject site is 5.04 acres in size and is located at the southeast comer of Black Rail Road and Songbird Avenue. The proposed project includes a Zone Change (ZC 04-01) and a Local Coastal Program Amendment (LCPA 04-02) to rezone the subject site from Limited Control (L-C) to One-Family Residential (R-l) zone. The application also includes a Tentative Tract Map (CT 04.01) and a Coastal Development Permit (CDP 04-01) to subdivide and grade the subject site into 16 residential lots with a minimum area of 7,500 square feet. The site is currently vacant and is surrounded by residential development to the north, south and east and a vacant property to the west. DETERMINATION: The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the Cahfomia Environmental Quality Act and the Environmental Protection Ordinance ofthe City of Carlsbad. As a resuU of said review, the initial study (EIA Part 2) did not identify any potentially significant unpacts on the environment, and the City of Carlsbad finds as follows: ^ The proposed project COULD NOT have a significant effect on the envirorunent. n The proposed project MAY have '*potentially significant impact(s)" on the environment, but at least one potentially significant impact 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. (Negative Declaration applies only to the effects that remained to be addressed). I I Although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to tfiat earher ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, nothing further is required. A copy of the initial study (EIA Part 2) documenting reasons to support the Negative Declaration is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, CaUfomia 92008. ADOPTED:. ATTEST: . pursuant to DON NEU Assistant Planning Director Citv of Carlsbad Planning Department CASE NAME: CASE NO: PROJECT LOCATION: NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION Yamamoto Subdivision ZC 04-01/ LCPA 04-02/ CT 04-01/CDP 04-01 The Southeast comer of Black Rail Rd and Songbird Avenue (APN 215- 040-051 PROJECT DESCRIPTION: The subject site is 5.04 acres in size and is located at die southeast comer of Black Rail Road and Songbird Avenue. The proposed project includes a Zone Change (ZC 04-01) and a Local Coastal Program Amendment (LCPA 04-02) to rezone the subject site from Limited Control (L- C) to One-Family Residential (R-l) zone. The application also includes a Tentative Tract Map (CT 04- 01) and a Coastal Development Permit (CDP 04-01) to subdivide and grade the subject site into 16 residential lots with a minimum area of 7,500 square feet. The site is currently vacant and is surrounded by residential development to the north, south and east and a vacant property to the west. PROPOSED DETERMINATION: The City ofCarlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the Cahfomia Environmental Quality Act and the Enviroimiental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (EIA Part 2) identified potentially significant effects on the environment, but (1) revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur, and (2) there is no substantial evidence in light of the whole record before the City that the project "as revised" may have a significant effect on the envirorunent. Therefore, a Negative Declaration will be recommended for adoption by tfie City of Carlsbad City Council. A copy of the initial study (EIA Part 2) documenting reasons to support the proposed Negative Declaration are on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, Califomia 92008. Comments from the public are invited. Please submit comments in writing to the Planning Department within 30 days ofthe date of this notice. The proposed project and Negative Declaration are subject to review and approval/adoption by the City of Carlsbad Planning Commission and City Council. Additional public notices will be issued when those public hearings are scheduled. If you have any questions, please call Saima (Jureshy in the Planning Department at (760) 602-4619. PUBLIC REVIEW PERIOD DECEMBER 6.2004 TO JANUARY 5. 2005 PUBLISH DATE DECEMBER 6,2004 ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART H CASE NO: ZC 04-01/ LCPA 04-02/ CT Q4-01/CDP 04-01 DATE: November 30. 2004 BACKGROUND 1. CASE NAME: YAMAMOTO SUBDIVISION 2. LEAD AGENCY NAME AND ADDRESS: Citv of Carlsbad 3. CONTACT PERSON AND PHONE NUMBER: Saima Oureshv (760) 602-4619 4. PROJECT LOCATION: The Southeast comer of Black Rail Rd and Songbird Avenue (APN: 215-040-05) 5. PROJECT SPONSOR'S NAME AND ADDRESS: WiUiam Gustafson. 1465 E. Mountain Drive. Santa Barbara. CA 93108 6. GENERAL PLAN DESIGNATION: Residential Low-Medium (0-4 du/ac) 7. ZONING: Limited Control (L-C) 8. OTHER PUBLIC AGENCIES WHOSE APPROVAL IS REQUIRED (i.e., pennits, fmancing approval or participation agreements): Cahfomia Coastal Commission (For LCPA) 9. PROJE(n'DESCRIPTION/ENVmONMENTAL SETTING AND SURROUNDING LAND USES: The subiect site is 5.04 acres in size and is located at the southeast comer of Black Rail Road and Songbird Avenue. The proposed project includes a Zone Change (ZC 04-01) and a Local Coastal Program Amendment (LCTA 04-02) to rezone the subiect site from Limited Control (L-C) to One-Family Residential (R-l) zone. The application also includes a Tentative Tract Map (CT 04- 01) and a Coastal Development Permit (CDP 04-01) to subdivide and grade the subject site into 16 residential lots with a minimum area of 7.500 square feet. The site is currentiv vacant and is surrounded bv residential development to the north, south and east and a vacant propertv to the west. / 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 Intact," or "Potentially Significant Impact Unless Mitigation Incorporated" as indicated by the checklist on die following pages. I I Aesthetics i {Agricultural Resources I 1 Air Quality Biological Resources I i Cultural Resources I I Geology/Soils i INOISC • Hazards/Hazardous Materials D Population and Housing I I Hydrology/Water Quality |^ Public Services ^Land Use and Planning [ I Mineral Resources I 1 Mandatory Findings of Significance I {Recreation ^3 Transportation/Circulation Qutihties & Service Systems DETERMINATION. (To be completed by the Lead Agency) I find that the proposed project COULD NOT have a significant effect on die environment, and a NEGATIVE DECLARATION wifl 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 I I find that die proposed project MAY have "potentially significant impacti(s)" on the environment, but at least one potentially significant intact 1) has been adequately analyzed in an earher document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earher analysis as described on attached sheets. A Negative Declaration is required, but it must analyze only the effects tiiat remain to be addressed. 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 all potentially significant effects (a) have been analyzed adequately in an earher ENVIRONMH»iTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earher ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation measures that are in^osed upon the proposed project. Therefore, nothing further is required. ^QJJ^N^ Qu5Sje^L^ IE- /-Z- /o H Planner Signature Date Planning Director's^gnaturt.^' Date 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 die environment. The Enviroimiental Impact Assessment appears in die folloAving pages in the form of a checklist. This checkhst identifies any physical, biological and human factors that might be mpacted by the proposed project and provides the City witii infonnation to use as the basis foi 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 Inpact" answers that are adequately supported by an information source cited in the parentheses following each question. A "No Inqiact" answer is adequately supported if the referenced infonnation sources show tiiat tbe impact sinqily does not apply to projects like Ac 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 Inpact" apphes where there is supporting evidence that the potential inpact is not significandy adverse, and the inpact does not exceed adopted general standards and pohcies. • "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect fi-om "Potentially Significant Impact" to a "Less Than Significant Inpact." 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 Inpact" is appropriate if there is substantial evidence that an effect is significantly adverse. • Based on an "EIA-Part II", if a proposed project could have a potentially significant adverse effect on the environment, but all potentially significant adverse effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to apphcable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are inposed 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 incoiporated into this project, then no additional enviroimiental document is required. • When "Potentially Significant Inpact" is checked the project is not necessarily required to prepare an EIR if the significant adverse effect has been analyzed adequately in an earher EIR pursuant to applicable standards and the effect will be mitigated, or a "Statement of Overriding Considerations" has been made pursuant to that earlier EIR. • A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant adverse effect on the environment • If there are one or more potentially significant adverse effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce adverse impacts to less tiian 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 'Totentially Significant Impact" is checked, and including but not hmited to the following circumstances: (1) the potentially significant adverse effect has not been discussed or mitigated in an earher EIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the adverse inpact to less than significant; (2) a "Statement of Overriding Considerations" for the significant adverse inpact has not been made pursuant to an earher EIR; (3) proposed mitigation measures do not redace tiie adverse inpact to less tiian significant; or (4) through tiie EIA-Part n analysis it is not possible to determine tiie 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 inpacts, which would otherwise be determined significant. Issues (and Supporting Infonnation Sources). AESTHETICS - Would tiie project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light and glare, which would adversely affect day or nighttime views in the area? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact • • • X • • • X • • X • • • • X n. in. AGRICULTURAL RESOURCES - (In detennining whether impacts to agricultural resources are significant environinental effects, lead agencies may refer to the Califomia Agricultural Land Evaluation and Site Assessment Model-1997 prepared by the Califomia Department of Conservation as an optional model to use in assessing inpacts on agriculture and farmland.) Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Inportance (Farmland), as shown on the maps prepared pursuant to tiie Farmland Mapping and Monitoring Program of the Califomia Resources Agency, to non-agricultural use? b) Conflict witii existing zoning for agricultural use, or a Wilhamson Act contract? c) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use? AIR QUALITY - (Where available, tiie significance criteria established by the apphcable air quahty management or air pollution control district may be reUed upon to make the following determinations.) Would flie project: a) Conflict with or obstmct inplementation of tiie applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? • • • • • • • • • • m • K • M • S K • Issues (and Supporting Information Sources). c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an apphcable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? IV. BIOLOGICAL RESOURCES - Would flie project: a) Have a substantial adverse effect, eitiier directiy or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, pohcies, or regulations, or by Califomia Department of Fish and Game or U.S. Fish and Wildhfe Service? b) Have a substantial adverse effect on any riparian, aquatic or wetiand habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by Califomia Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetiands as defined by Section 404 of the Clean Water Act (including but not limited to marsh, vernal pool, coastal, etc.) through direct removal, filing, hydrological intenuption, or otiier nKans? d) Interfere substantially with the movement of any native resident or migratory fish or wildhfe species or with estabhshed native resident or migratory wildlife corridors, or inpede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation pohcy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or otiier approved local, regional, or state habitat conservation plan? g) Inpact tributary areas that are environmentally sensitive? Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact • • H • • • • • • • • • • • • • • • • m • • • 13 • • • s • • s • • • 13 Issues (and Supporting Infonnation Sources). V. CULTURAL RESOURCES - Would flie project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse change in the signifi- cance of an archeological resource pursuant to §15064.5? c) Directiy or indirectly destroy a unique paleontologi- cal resource or site or unique geologic feature? d) Disturb any human remains, mcluding those interred outside of fonnal cemeteries? VI. GEOLOGY AND SOILS-Would tiie project: a) Expose people or stmctures to potential substantial adverse effects, including the risk of loss, injury or death involving: i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on otiier substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii. Strong seismic groimd shaking? iii. Seismic-related ground failure, including liquefaction? iv. Landslides? b) Result in substantial soil erosion or tiie loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become imstable as a result of the project, and potentially result in on- or off-site landshde, lateral spreading, subsidence, liquefaction, or collapse? d) Be located on e:q)ansive soils, as defined in Table 18 - 1-B of tiie Unifonn Building Code (1997), creating substantial risks to hfe or property? Potentially Significant Impact • • • • Potentially Significant Unless Less Than Mitigation Significant No Incorporated Impact Impact • • • • • • • • • S • S • • • X • • • • • • X • • • X • • • X • • HQ Issues (and Supporting Infonnation Sources). e) Have soils incapable of adequately supporting the use of septic tanks or altemative wastewater disposal systems where sewers are not available for the disposal of wastewater? VIL HAZARDS AND HAZARDOUS MATERIALS- Would the project: a) Create a significant hazard to the pubhc or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the pubhc or environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environnent? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a hst of hazardous materials sites conpiled pursuant to Govemment Code Section 65962.5 and, as a result, would it create a significant hazard to the public or environment? e) For a project within an auport land use plan, or where such a plan has not been adopted, within two miles of a pubhc airport or pubhc use aiiport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within die vicinity of a private airetrp, would the project result in a safety hazard for people residing or working in the project area? g) Inpair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or stmctures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Vin. HYDROLOGY AND WATER QUALITY project: Would flie a) Violate any water quality discharge requirements? standards or waste Potentially Significant Impact • • • • • • Potentially Significant Uniess Mitigation Incorporated Less Than Significant No Impact Impact • • • H • • • • • • • • • • • • m • s • • • H • • m • Issues (and Supporting Information Sources). b) Substantially deplete groimdwater siqphes or interfere substantially with ground water recharge such that fliere would be a net deficit in aquifer volume or a lowering of the local ground water table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which pennits have been granted)? c) Inpacts to groundwater quality? d) Substantially alter the existing drainage pattem of the site or area, including through the alteration of tfae course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off- site? e) Substantially alter the existing drainage pattem of the site or area, including through flie alteration of the course of a stream or river, or substantially increase the flow rate or amount (volume) of sur&ce runoff in a maimer, which would result in flooding on- or off- site? f) Create or contribute runoff water, which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? g) Otherwise substantially degrade water quality? h) Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood delineation map? i) Place within 100-year flood hazard area structures, which would inpede or redirect flood flows? j) Expose people or stractures to a significant risk of loss injury or deatii involving flooding, mcluding flooding as a result of flie failure of a levee or dam? k) Inundation by seiche, tsunami, or mudflow? 1) Increased erosion (sediment) into receiving surface waters. Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact • • • Kl • • • • • • • • • • • • • • • • • • • • • • • S • • • • K • Kl • • m) Increased pollutant discharges (e.g., heavy metals, pathogens, petroleum derivatives, synthetic organics, nutrients, oxygen-demanding substances and trash) into receiving surface waters or other alteration of receiving surface water quality (e.g., tenperature, dissolved oxygen or turbidity)? • • S • Issues (and Supporting Infonnation Sources). n) Changes to receiving water quality (marine, fresh or wetland waters) during or following constraction? o) Increase in any pollutant to an already inpaired water body as listed on the Clean Water Act Section 303(d) list? p) The exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? IX. LAND USE AND PLANNING - Would flie project: a) Physically divide an estabhshed community? b) Conflict with any apphcable land use plan, policy, or regulation of an agency with jurisdiction over the project (mcluding but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? X. MINERAL RESOURCES-Would flie project: a) Result in the loss of availability of a known mineral resotnce fliat would be of future value to the region and the residents of the State? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? XI. NOISE - Would flie project result in: a) Exposure of persons to or generation of noise levels in excess of standards estabhshed in the local general plan or noise ordinance or apphcable standards of other agencies? b) Exposure of persons to or generation of excessive groundboume vibration or grotmdboume noise levels? c) d) A substantial permanent increase in anibient noise levels in the project vicinity above levels existing without the project? m A substantial tenporary or periodic increase _ ambient noise levels in the project vicinity above levels existing without the project? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact • • n • • X • • • • • • • • • • • • • • • • • • • • s • • • • • K • m • • m • a • Issues (and Supporting Infonnation Sources). e) For a project located wifliin an airport land use plan or, where such a plan has not been adopted, within 2 miles of a pubhc airport or pubhc use aiiport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? xn. POPULATION AND HOUSING - Would flie project: a) Induce substantial growtii in an area either directly (for exanple, by proposmg new homes and businesses) or indhectly (for exanple, through extension of roads or other infirastmcture)? b) Displace substantial numbers of existing housing, necessitating the constraction of replacement housing elsewhere? Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact • • • Kl • • • • • • • • s c) Displace substantial numbers of people, necessitating the constmction of replacement housing elsewhere? xm. PUBLIC SERVICES • • • H a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered govemment facihties, a need for new or physically altered govemment facilities, the construction of which could cause significant environmental inpacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the pubUc services: i) Fire protection? • • • X ii) Police protection? • • • K! iii) Schools? • • • X iv) Parks? • • • K v) Other pubhc facihties? • • • RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? • • • X Issues (and Sipporting Information Sources). b) Does the project mclude recreational facilities or require the construction or e?q)ansion of recreational facilities, which might have an adverse physical effect on the environment? XV. TRANSPORTATION/TRAFFIC - Would flie project: a) Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase m either flie number of vehicle trips, the volume to capacity ratio on roads, or congestion at mtersections)? b) Exceed, eitiier individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air teaffic patterns, including either an increase in traffic levels or a change in location that results m substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipnKnt)? e) Result in madequate emergency access? f) Result in insufficient parking capacity? g) Conflict with adopted policies, plans, or prognuns supporting alternative transportation (e.g., bus turn- outs, bicycle racks)? XVI. UTILITIES AND SERVICES SYSTEMS - Would tiie project: a) Exceed wastewater tieatment requirements of the applicable Regional Water QuaUty Control Board? b) Require or result in the constraction of new water or wastewater treatment facihties or expansion of existmg facilities, the constraction of which would cause significant environmental effects? c) Requhre or result m the constraction of new storm water drainage facilities or expansion of existing facilities, the constraction of which could cause significant envnonmental effects? d) Have sufficient water supplies available to serve flie project from existing entitiements and resources, or are new or expanded entitiements needed? Potentially Significant Impact • • • Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact • • • • • • ^ • • • K • • Kl • • • • K • • • X • • • KI • • • • • • X • • • X • • • Issues (and Supporting Infonnation Sources). e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient pennitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to sohd waste? XVn. 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 wildhfe species, cause a fish or wildlife population to drop below self-sustainmg 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 ehminate important examples of the major periods of California history or prehistory? b) Does the project have inpacts that are individually limited, but cumulatively considerable? ("Cumula- tively considerable" means that the mcremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other cunent projects, and the effects of probable future projects?) c) Does the project have environmental effects, which will cause the substantial adverse effects on hiunan beings, either directiy or indirectiy? Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact • • • B • • • • • • • • • S • S • • • K S • • XVni. EARLIER ANALYSES Earher 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 earlier EIR or negative declaration. Section 15063(c)(3)(D). In fliis case a (hscussion should identify the following on attached sheets: a) Earlier analyses used. Identify earher analyses and state where they are available for review. b) Inpacts adequately addressed. Identify which effects from the above checkhst were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earher 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 earlier document and the extent to which they address site-specific conditions for the project. The project site is located in an area which is subject to the requirements ofthe Zant 20 Specific Plan approved by tiie City Council m 1994. A program EIR (PEIR) (EIR 90-03) was certified for tiie Zone 20 Specific Plan. The Zone 20 PEIR identified, analyzed, and recommended mitigation to reduce potential significant inpacts to insignificant levels. The Zone 20 Program EIR analyzed potential inpacts to agriculture, air qualify, biology, circulation, land use, noise, pesticide residue, paleontology, public facilities financing, soils/geology, and visual aesthetics that could result from the development ofthe Specific Plan area. The PEIR is intended to be used in the review of subsequent projects viithin Zone 20. The project incorporates the requfred Zone 20 PEIR mitigation measures, and through the project specific analysis a determination has been made that no additional significant inpacts beyond those identified and mitigated by the PEIR will result from tiiis project. The following environmental evaluation briefly explains the basis for tiiis determination along with identifying the source documents that support the environnKntal determination. The Zone 20 PEIR and additional technical studies are cited as source documents for fliis environmental cvaluatioiL DISCUSSION OF ENVIRONMENTAL EVALUATION AESTHETICS Less than significant. The project is subject to the site design, architectural, and landscaping standards contained m the Zone 20 Specific Plan and the City of Carlsbad Policy 66 regarding hvable neighborhoods, which are designed to reduce visual inpacts. AGRICULTURAL RESOURCES No Impact. The project site is shown as an area of non-prime agricultural land in the Coastal Agricultural Overlay Zone of the Local Coastal Program (LCP). The subject site has not been used for agriculture for most of the last fifty years, with some sporadic agricultural use. The project site has been designated for residential development. The site is currently vacant and there are no impacts assessed to agricultural resources. The project would not result in other changes to the environment tiiat would result in the conversion of farmland to non-agricultural uses. The project would be characterized as infill development and is surrounded by residential development on three sides. AIR QUALITY—Would the project: a) Conflicf with or obstruct implementation of the applicable air quality plan? No Impact. The project site is located m the San Diego An Basin which is a federal and state non-attainment area for ozone (O3), and a state non-attainment area for particulate matter less than or equal to 10 microns in diameter (PMio). The periodic violations of national Ambient Air (Quality Standards (AAQS) in tiie San Diego Air Basin (SDAB), particularly for ozone in inland foothill areas, requires that a plan be developed outlining tiie pollution confrols that will be undertaken to inprove an quality. In San Diego County, this attainment planning process is embodied in the Regional An Quahty Strategies (RAQS) develcped joinfly by fhe An Pollution Confrol District (APCD) and the San Diego Association of Governments (SANDAG). A plan to meet the federal standard for ozone was developed in 1994 during the process of updating the 1991 state- mandated plan. This local plan was combined with plans from all other Califomia non-attainment areas having serious ozone problems and used to create the Cahfomia State Inplementation Plan (SIP). The SIP was adopted by the Ah Resources Board (ARB) after pubhc hearings on November 9th through lOtii in 1994, and was forwarded to the Environmental Protection Agency (EPA) for approvaL After considerable analysis and debate, particularly regarding airsheds with the worst smog problems, EPA approved the SIP in mid-1996. The proposed project relates to the SIP and/or RAQS through the land use and growth assumptions that are incorporated into the air quahty planning document. These growtii assumptions are based on each city's and the County's general plan. If a proposed project is consistent with its applicable General Plan, then the project presumably has been anticipated with the regional an quality planning process. Such consistency would ensure that the project would not have an adverse regional air quality impact. Section 15125(B) of the State of Cahfomia Envnonment Quahty Act (CEQA) Guidelmes contains specific reference to the need to evaluate any inconsistencies between the prcposed project and the applicable air quality management plan. Transportation Confrol Measures (TCMs) are part of flie RAQS. The RAQS and TCM plan set forth the steps needed to acconplish attainment of state and federal ambient air quahty standards. The California Air Resources Board provides criteria for determining whether a project confoims with the RAQS which include the following: • Is a regional air quality plan bemg inplemented in the project area? • Is the project consistent with the growth assunptions in the regional air quaUty plan? The project area is located in the San Diego Air Basin, and as such, is located in an area where a RAQS is being implemented. The project is consistent with the growth assunptions of the City's General Plan and the RAQS. Therefore, the project is consistent with the regional an quahty plan and will in no way conflict or obstmct implementation of the regional plan. b) Violate any air quality standard or contribute substantiaOy to an existing or projected air qualify violation? Less Than Significant Impact. The closest an quality monitormg station to the project site is m flie City of Oceanside. Data available for this monitoring site through April, 2002 uidicate that the most recent ah quahty violations recorded were for the state one hour standard for ozone (one day in both 2000 and 2001) and one day in 2001 for the federal 8-hour average for ozone and one day for the 24-hour state standard for suspended particulates in 1996. No violations of any other air quality standards have been recorded recently. The project would involve minimal short-term emissions associated vwth grading and constraction. Such emissions would be minimized tiirough standard constraction measures such as the use of properly tuned equipment and watering die site for dust conttol. Long-term emissions associated with fravel to and from the project will be minimal. Although air pollutant emissions would be associated with the project, they would neither result in the violation of any air quality standard (comprising only an incremental confribution to overaU air basin quahty readings), nor contribute substantially to an existing or projected an quality violation. Any inpact is assessed as less than significant. c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project regton is non-attainment under an applicable federal or state ambient air qualify standard? Less Than Significant Impact. The Air Basin is cunentiy in a non-attainment zone for ozone and suspended fine particulates. The proposed project would represent a contribution to a cumulatively considerable potential net increase m emissions throughout flie an basin. As described above, however, emissions associated with the proposed project would be minimal. Given flie limited emissions potentially associated with the proposed project, air quality would be essentially the same whetiier or not the proposed project is inplemented. According to the CEQA Giudelines Section 15130 (a)(4), flie proposed project's contribution to the cumidative inpact is considered de minimus. Any inpact is assessed as less than significant d) Expose sensitive receptors to substantial pollutant concentrations? . No Impact. As noted above, the proposed project would not result in substantial pollutant emissions or concenfrations. In addition, there are no sensitive receptors (e.g., schools or hospitals) located in the vicinify of the project. No impact is assessed. e) Create objectionable odors affecting a substantial number of people? No Impact. The constraction of the proposed project could generate fiimes from the operation of constraction equipment, which may be considered objectionable by some people. Such exposure would be short-term or fransient. In addition, the number of people exposed to such transient impacts is not considered substantial. BIOLOGICAL RESOURCES No Impact. The project site is currently a vacant and previously graded area which was used for agricidture in the past The site is surrounded by residential development on three sides. No native vegetation or habitats exist on or near the property. In addition, no sensitive or endangered species reside or use the property. The City's Habitat Management Plan does not identify the site for preservation and no local pohcies or ordinances exist regarding the removal of mature non-native frees. Therefore, no adverse inpacts to biological resources will occur. V. CULTURAL RESOURCES No Impact A Cultural Resource Test Report for flie subject site was prepared by Gallegos & Associates m July 2004. The report provides the results of a cultural resource test program to determine site significance for cultural resource SDM-W-2046. Testing included excavation of 11 shovel test pits and one Ixl-m unit, artifact analysis and determination of site significance. Cultural material recovered as a result ofthe testmg program mcluded 7 debitage, 3 ceramic fragments, 5 grains of shell and O.l grams of bone. Disturbance at SDM-W-2046 included previous grading, agriculture and modem trash. Given the low amount and nanow range of cultural material, the absence of features and disturbance, site SDM-W-2046 is identified as not significant under CEQA criteria. No further archaeological investigations are recommended for this site. VI. GEOLOGY AND SOILS Would tbe project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: i. Rupture of a known earthquake fault, as deUneated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by tbe State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii. Strong seismic ground shaking? iii. Seismic-related ground failure, including Uquefaction? iv. Landslides? Less than Significant Impact (a.i. to a.iii.). There are no Alquist-Priolo Earfliquake Fault zones within the City of Carlsbad and fliere is no other evidence of active or potentially active faults within fhe City. However, there are several active fauhs throughout Southem Califomia, and tiiese potential earthquakes could affect Carlsbad. The project site is located in an area of stable soil conditions and the risk of seismic-related ground failure or liquefaction is very minimal (according to Cify of Carlsbad Geotechnica] Hazards Analysis and Mapping Study, November 1992). In addition, a project specific Geotechnical Evaluation was prepared by GeoSoils, Inc. dated January 8, 2004. The report states that the potential for liquefaction, earfliquake induced settiement and lateral spread are considered to be low for the site because of the low susceptibilify to liquefaction. There are no landslides identified as having the potential to affect the subject site. As a result, the project would not expose people or stiiictures to potential adverse effects involving landsUdcs. b) Result in substantial soU erosion of the loss of topsoil? Less than Significant Impact. Onsite analysis of soils on the subject site by GeoSoils, Inc., dated January 8, 2004 concludes that the earth materials have a moderate to high erosion potential. Cut and fill slopes resulting from the grading will be subject to erosion diuing and after flie excavation period. During this grading, flie exposure of soils would lead to an increased chance for the erosion of soils from the site. A significant impact resulting from erosion could resuh if tiie grading does not follow best management practices for the confrol of erosion, such as sfraw bale or sandbag barriers, silt fences, slope roughening, and outlet protection in exposed areas. Per die project description identified in the Storm Water Management Plan, by MLB Engineering dated January 2004, fmished grades will be hydroseeded or otherwise protected as required per the adopted City Gradmg Ordmance. If necessary, temporary slope cover such as jute matting or mulch will be apphed to newly graded slopes to reduce flie inpact of soil erosion or the loss of topsoil to a level of less than significant. Tenporary sediment confrol basins will also be provided as necessary in order to confrol the loss of tcpsoil. c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or coHapse? Less Than Significant Impact. The project site consists of relatively dense sandstone earth materials, which have a low potential for liquefaction. As a result, a significant inpact is not anticipated, and no mitigation will be necessary. d) Be located on expansive soils, as defined in Table 18 - 1-B of the Uniform Building Code (1997), creati'ng substantial risks to Ufe or property? Less Than Significant Impact. According to the Geotechnical Evaluation prepared by GeoSoils, Inc., January 8, 2004, the project site's potential for soil expansion ranges from low to very low. The potential for mediimi expansive soils exposed at finish grade cannot be precluded. e) Have soils incapable of adequately supporting the use of septic tanks or alternative wasterwater disposal systems where sewers are not available for the disposal of wastewater? No Impact. The project site will utilize existing sewer systems that provide wastewater service in the area. vn. HAZARDS AND HAZARDOUS MATERIALS No Impact. A Phase I Envfronmental Site Assessment was prepared for the project site (Planning Systems, January 2004). The report states that the subject site was briefly used for agriculture during the past 50 years and it is ciurentiy fallow agricultural land. There are no overt indicators of agricultural chemical usage onsite such as patchy vegetation that might suggest high levels of fertilizers in the soil. The report recommends no further measures since no environmental concems were discovered during the course of the report. However, the project is reqmred to inpleroent tiie mitigation measures identified in the Zone 20 EIR. Vin. HYDROLOGY AND WATER QUALITY—Would the project: a) Violate any water quaUty standards or waste discharge requirements? Less than Significant Impact. The project is requhed to conply with Order 2001-02 issued by the Regional Water Quahty Conttol Board. The proposed project will conply with state and local regulations for water quality. The project will adhere to applicable City ofCarlsbad regulations for conttol of sedimentation and erosion, including the installation of temporary desiltation basms or other means of stabilization as requfred by the State Water Resources Conttol Board. All exposed graded areas shall be freated with erosion conttol pursuant to City of Carlsbad erosion conttol standards, including hydroseed, berms, desiltation basins, jute matting, sandbags, bladed ditches, or other appropriate methods. Any subsequent environmental inpact on water quality vsoll be considered less than significant due to adherence to water quahty standards and waste discharge requirements. b) SubstantiaUy deplete groundwater supplies or interfere substantiaUy with ground water recharge such that there would be a net deficit in aquifer volume or a lowering ofthe local ground water table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? No Impact The proposed project is not proposing to use any groimd water; therefore there will be no impacts to depletion of any existing aquifer or ground water table level. c) Impacts to groundwater qualify? No Impact Implementation of the project will not result in impacts to groundwater quaUty. d) SubstantiaUy alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? e) Substantially alter the existing drainage pattem of the site or area, including through the alteration of the course of a stream or river, or substantially increase the flow rate or amount (volume) of surface runoff in a manner, which would result in flooding on- or off-site? f) Create or contribute runoff water, which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? Less than Significant Impact. A Preluninary Drainage Study was prepared by MLB Engineering, dated January 2004. The report identifies pre and post development runoff quantities and downstteam conditions. The leport also identifies measures to reduce the potential of an increase in erosion or siltation downsfream. g) Otherwise substantiaOy degrade water quaUfy? Less than Significant Impact. A Storm Water Management Plan was prepared by MLB Engineering, dated January 2004. This report identifies potential pollutants of concem and methods to freat runoff prior to leaving flie site such that the potential to inpact downsfream water qualify is minimized to the maximum extent probable. h) Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood deUneation map? i) Place within 100-year flood hazard area structures, which would impede or redirect flood flows? No Imnact. There are no FEMA 100-vear flood hazard areas identified on the proiect site. j) Expose people or structures to a significant risk of loss injury or death involving flooding, including flooding as a result of the faUure of a levee or dam? k) Inundation by seiche, tsunami, or mudflow? No Impact. The project is not located within any significant dramage area, is not located downsfream of any dam, and thus will not expose people oi stractures to a significant risk of loss injury or deafli involvnig flooding. 1) Increased erosion (sediment) into receiving surface waters? m) Increased poUutant discharges (e.g., heavy metals, pathogens, petroleum derivatives, synthetic organics, nutrients, oxygen-demanding substances and trash) into receiving surface waters or other alteration of receiving surface water qualify (e.g., temperature, dissolved oxygen or turbidify)? n) Changes to receiving water quaUfy (marine, fresh or wetiand waters) during or foUowing construction? o) Increase in any pollutant to an already impaired water body as Usted on tfae Clean Water Act Section 303(d) Ust? p) The exceedance of appUcable surface or groundwater receiving water qualify objectives or degradation of l>eneflcial uses? Less than Significant Impact. The proposed project and grading wiU foUow best management practices for erosion confrol. The Best Management Practices for flie project have been identified in the Storm Water Management Plan prepared by MLB Engineering dated January 6, 2004. This SMWP indicates that finished grades wiU be promptiy hydroseeded or otherwise protected as requfred per the adopted Cify Grading Ordinance. If necessary, tenporary slope cover such as jute matting or mulch will be applied to newly graded slopes to reduce the inpact to soil erosion or the loss of topsoil to a level of less flian significant Discharge points will not be changed and gravel check dams will be placed to attenuate the flow velocities. Additionally, hay bales and silt fences will be utilized during constinction for the tenporary confrol of surface water and the subsequent loss of topsoil. IX. LAND USE AND PLANNING No Impact The subject site is a previously graded, infill site which is surrounded by single-family residential development to the east, north and south and a vacant property to the west Proposed grading and subdivision to create 16 single family residential lots will be compatible with and will integrate into the existing communify. X. MINERAL RESOURCES No Impact. There are no known mineral resources, of local inportance or otherwise, on the project site. Therefore, the proposed project would not result in the loss of availability of such resources. XI. NOISE Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards estabUshed in the local general plan or noise ordinance or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundbourne vibration or groundbourne noise levels? No Impact - Based upon flic nature of flie proposed residential use, the project will not result in any activity that would generate excessive groundboume vibration or groundbounw noise levels. In addition, the project site is not located adjacent to any use that generates excessive groundboume vibration or groundboume noise levels. c) A substantial pemianent increase in ambient noise levels in the project vicinify above levels existing without tfae project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinify above levels existing without the project? Less than Significant Impact (c & d) - Other than traffic generated noise, typical grading/' subdivision/ residential land uses do not generate a substantial amount of noise. With regard to tenporary or periodic increase in noise levels, the only potential increase in noise would be from constraction activify associated with the development of the project. The Cify incorporates standard regulations on aU project constraction activify to ensure that noise and other potential impacts to sunounding properties are not significant. Therefore, the proposed project wiU not result in a substantial pennanent or temporary increase in ambient noise levels in the project vicinify above levels existing without the project. e) Por a project located within an airport land use plan or, where such a plan bas not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinify of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? No Impact (e & f) - The project site is not located within an area covered by an auport land use plan or an area where such a plan has not been adopted. The project site is located approximately 5,000 feet south of the McClellan-Palomar Aiiport (public general aviation afrport). The project site is not located within any flight crash, or safety hazard zones associated with the aiiport. Therefore, the project will not result m a safety hazard for people residing on the project site. xn. POPULATION AND HOUSING No Impact. The project would result in the gradmg and subdivision of the subject site into 16 single family residential lots. The subject site is an infill site sunounded by existing residential development that is served by existing roads and utihties and therefore, the project would not mduce substantial growth either dfrectiy or indirectiy. Tbe project is proposed on vacant land and would not displace any existing housing or individuals. TRANSPORTATION/TRAFFIC—Would the project: a) Cause an increase in traffic that is substantial in relation to the existing traffic load and capacify of the street system? Less Than Significant Impact. The project wiU generate 160 Average Daily Trips (ADT). While flie increase in fraffic from the proposed project may be slightiy noticeable, flie street system has been designed and sized to accommodate fraffic from the project and cumulative development in the City of Carlsbad. The proposed project would not therefore, cause an increase in traffic tiiat is substantial in relation to flie existing traffic load and capacity of the sfreet system. The inpacts from the proposed project are, therefore, less than significant b) Exceed, either individually or cumulatively, a level of service standard estabUshed by the county congestion management agency for designated roads or highways? Less Than Significant Impact. SANDAG acting as tfae County Congestion Management Agency has designated three roads (Rancho Santa Fe Rd., EI Camino Real and Palomar Aiiport Rd.) and two highway segments in Carlsbad as part of the regional cfrculation S3^tem The Existing and Buildout average daily traffic (ADT) and Existing LOS on these designated roads and highways in Carlsbad is: Existing ADT* LOS Buildout ADT* Rancho Santa Fe Road 17-35 "A-D" 35-56 El Camino Real 27-49 "A-C" 33-62 Palomar Aiiport Road 10-57 "A-D" 30-73 SR78 124-142 "P" 156-180 1-5 199-216 "D" 260-272 *The numbers are in thousands of daily trips. The Congestion Management Program's (CMP) acceptable Level of Service (LOS) standard is "E", or LOS "F" if tiiat was the LOS in tiie 1990 base year (e.g., SR 78 in Carlsbad was LOS 'T" m 1990). Accordmgly, all designated roads and highways are cunently operating at or better than the acceptable standard LOS. Note that the buildout ADT projections are based on the fiill inplementation of the region's general and community plans. The proposed project is consistent with the general plan and, therefore, its fraffic was used in modeling the buildout projections. Achievement of tiie CMP acceptable Level of Service (LOS) "E" standard assumes inplementation of the adopted CMP sfrategies. Based on the design capacity(ies) of the designated roads and highways and implementation of the CMP sfrategies, they will fimction at acceptable level(s) of service in flie short- term and at buildout c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? No Impact. The proposed project does not include any aviation conponents. The project is not located within the boundaries of flie Conprehensive Land Use Plan for the McClellan-Palomar Auport. It would not therefore, result in a change of air ttaffic pattems or resuU in substantial safefy risks. No inpact assessed. d) SubstantiaUy increase hazards due to a design feature or incompatible uses? No Impact. All project cfrculation inprovements wiU be designed and constructed to Cify standards; and, therefore, would not result in design hazards. The proposed project is consistent wifli the Cify's general plan and zoning. Therefore, it would not increase hazards due to an inconpatible use. No inpact assessed. e) Result in inadequate emergency access? No Impact. The proposed project has been designed to satisfy the emergency requfrements ofthe Fne and Police Departments. No impact assessed. f) Result in inadequate parking capacify? No Impact. The proposed project is not requesting a parkmg variance. AdditionaUy, the project would conply with the Cify's parking requfrements to ensure an adequate parking supply. No inpact assessed. g) Conflict with adopted policies, plans or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks, etc.)? No Impact. The proposed project does not conflict with adopted policies, plans, or prograins supporting alternative ttansportation. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of tfae environment, substantiaUy reduce the habitat of a fish or wUdlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal communify, reduce tfae number or restrict tfae range of a rare or endangered plant or animal or eliminate important examples of the major periods of Califomia history or prehistory? No Impact. The proposed project will not degrade flie qualify ofthe envfronment. The project site does not contain any fish or wildlife species. Therefore, the project wiU not reduce the habitat of a fish or wildlife species. The project site is a vacant previously graded, infiU site which is sunounded by existing residential development The site is not identified by any habitat conservation plan as containing a protected, rare or endangered plant or animal communify. Therefore, the project wiU not threaten a plant or animal communify. In addition, there are no historic stractures on the site and fliere are no known cultural resources on the site. The project will not result in the elimination of any inportant examples of Cahfomia History or prehistory. b) Does the project have impacts that are individuaOy 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?) Less than Significant Impact San Diego Association of Governments (SAl^TOAG) projects regional growth for the greater San Diego area, and local general plan land use policies are incorporated into SANDAG projections. Based upon those projections, region-wide standards, including storm water quahfy conttol, afr qualify standards, habitat conservation, congestion management standards, etc, are established to reduce flie cumulative inpacts of development in the region. All of the Cify's development standards and regulations are consistent with the region- wide standards. The Cify's standards and regulations, mcluding gradmg standards, water qualify and drainage standards, traffic standards, habitat and cultural resource protection regulations, and public facihty standards, ensure that development within the City will not result in a significant cumulatively considerable impact There are two regional issues that development within the City of Carlsbad has the potential to have a cumulatively considerable inpact on. Those issues are air quality and regional circulation. As discussed above, ftie project would contribute to a cumulatively considerable potential net increase in emissions throughout the afr basin. As described above, however, emissions associated with the residential development would be minimal. Given the limited emissions potentially associated with flie residential development ofthe site, afr quality would be essentially the same whether or not the residential development is inplemented. According to the CEQA Guidelines Section 15130 (a)(4), the project's contribution to the cumulative inpact is considered de minimus. Any inpact is assessed as less than significant The County Congestion Management Agency (CMA) has designated three roads (Rancho Santa Fe Rd., El Camino Real and Palomar Anport Rd.) and two highway segments in Carlsbad as part of the regional circulation system The CMA has detennined, based on flie City's growth projections in tiie Geneial Plan, that these designated roadways will function at acceptable levels of service in flie short-term and at build-out The project is consistent with the City's growth projections, and therefore, tiie cumulative inpact from flie project to the regional cfrculation system is less than significant. With regard to any other potential inpact associated with flie project City standards and regulations wiU ensure that the proposed development of the site will not result in a significant cumulatively considerable inpact. c) Does the project have environmental effects, which vrill cause the substantial adverse effects on human beings, either directiy or indirectiy? No Impact. Based upon the residential nature ofthe project and the fact that fiiture development ofthe site wiU comply with all City standards, flie project will not result in any dfrect or indfrect substantial adverse envfronmental effects on human beings. Any future residential development on flie site wiU be requfred to conply with all apphcable federal, state, regional and City regulations, which will ensure the development ofthe site will not result in an adverse mpact on human beings, either dfrectiy or indfrectiy. EARLIER ANALYSIS USED AND SUPPORTING INFORMATION SOURCES The following documents were used in flie analysis of this project and are on file in flie City of Carlsbad Planning Department located at 1635 Faraday Avenue, Carlsbad, Califomia, 92008. 1. Final Program Environmental Impact Report for the Zone 20 Specific Plan project Carlsbad. Cahfornia. (EIR 90-03), City OfCarlsbad, CA, June 1992 (SCH 90010134). 2. Preliminary Geotechnical Evaluation. Yamamoto Propertv. APN 215-040-05. Citv ofCarlsbad. San Diego Countv. Geosoils, Inc, January 8, 2004. 3. Storm Water Management Plan for Yamamoto Propertv Tentative Map. Michael L. Benesh, RCE 37893, January 6, 2004. 4. Drainage Sttidv. Tentative Map CT 04- . Yamamoto Propertv. Michael L. Benesh, RCE 37893, January 6, 2004. 5. Phase I Environmental Site Assessment Yamamoto Propertv. Black Rail Road, Carlsbad. CA 92009. APN 215-040-05. Planning Systems, January 2004. 6. Culftnal Resources Test Report for the Yamamoto Propertv: Site SDM-W-2046 Carlsbad. Califomia. Gallegos & Associates, July 2004. 7. City of Carlsbad Geotechnical Hazards Analvsis and Mapping Study. November 1992. I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 5832 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL DEVELOPMENT PERMIT CDP 04-01 TO SUBDIVIDE AND GRADE A 5.09 ACRE SITE INTO 16 RESIDENTIAL LOTS ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF BLACK RAIL ROAD, SOUTH OF SONGBIRD AVENUE AND NORTH OF OCEAN CREST AVENUE IN THE MELLO H SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 20. CASE NAME: YAMAMOTO SUBDIVISION CASE NO.: CDP 04-01 WHEREAS, William Gustafson, "Developer/Owner," has filed a verified application with the City of Carlsbad regarding property described as The south half of the northwest quarter of the northwest quarter of the northeast quarter of Section 27, T12S, R4W, SBBM, in the City of Carlsbad, County of San Diego, State of California ("die Property"); and WHEREAS, said verified application constitutes a request for a Coastal Development Pennit as shown on Exhibits "A" - "G" dated February 2, 2005, on file in the Planmng Department YAMAMOTO SUBDIVISION - CDP 04-01, as provided by Chapter 21.201.040 of die Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 2nd day of February 2005, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of persons desiring to be heard, said Commission considered all factors relating to tiie CDP. NOW, THEREFORE, BE IT HEREBY RESOLVED by tiie Planmng Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. ^ B) That based on the evidence presented at the public hearing, the Commission 2 APPROVES YAMAMOTO SUBDIVISION - CDP 04-01, based on tiie following findings and subject to the followmg conditions: 3 ^ Findings: ^ I. That the proposed development is in conformance with the Mello II Segment of the Certified Local Coastal Program and all applicable poUcies in that the proposed 6 subdivision does not obstruct public views of the coastline as seen from public lands or rights-of-way; erosion will be controlled by grading in conformance with the ^ City's Standards and restricted to the summer season; no sensitive resources, public access or shoreline access, or water-oriented recreation activities are impacted. o g 2. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the project is not located adjacent to the shore. Therefore, 10 the project will not interfere with the public's right to physical access to the sea and the site is not suited for water-oriented recreational activities. 11 j2 3. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the proposed project will adhere 13 to the City's Master Drainage Plan, Grading Ordinances, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP) and Jurisdictional Urban Rimoff 14 Management Program (JURMP) to avoid increased urban runoff, pollutants and soil erosion. No steep slopes or native vegetation is located on the subject property and the site is not located in an area prone to landslides, or susceptible to accelerated erosion, 1 g floods or liquefaction. 17 4. The project is not located between the sea and the first public road parallel to the sea and, therefore, is not subject to the provisions of the Coastal Shoreline Development Overlay ^ ^ Zone (Chapter 21.204 of the Zoning Ordinance). 19 5. The project complies with the requirements of the Coastal Agricultural Overlay 20 Zone as the project has been conditioned to pay the agricultural conversion mitigation fee to develop with other than agricultural uses. 21 6. The proposed project is consistent with the Habitat Management Plan (HMP) for Natural Commimities in the City of Carlsbad in that the subject site was previously used for 23 agriculture and the project is conditioned to pay agricultural conversion mitigation fees to mitigate the loss of agricultural resources by preserving or enhancing other 24 important coastal resources. There are no sensitive resources either on-site or adjacent to the site and the project does not require any mitigation or habitat impact fees pursuant to the HMP. 26 7. The Plaiming Commission has reviewed each of the exactions imposed on the Developer 27 contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the 28 degree of the exaction is in rough proportionality to the impact caused by the project. 22 8 11 ^ Conditions: 2 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of 3 grading permit or approval of a final map, whichever occurs first. 1. If any of the following conditions fail to occur; or if they are, by their terms, to be ^ implemented and maintained over time, if any of such conditions fail to be so implemented and maintained accorduig to their terms, the City shall have the right to 6 revoke or modify all approvals herein granted; deny or fiirther condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy 7 issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel then- compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer 9 or a successor in interest by the City's approval ofthis Coastal Development Permit. 10 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Coastal Development Pennit documents, as necessary to make them internally consistent and in conformity with the final action on the project. j2 Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 13 3. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold ^'^ harmless the City of Carlsbad, its Council members, officere, employees, agents, and J ^ representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attomey's fees incurred by the City arising, directly 16 or indirectly, from (a) City's approval and issuance of this Coastal Development Permit, and (b) City's approval or issuance of any permit or action, whether discretionary or non- 17 discretionary, in coimection witii the use contemplated herein. This obligation survives imtil all legal proceedings have been concluded and continues even if the City's approval is not validated. 19 4. If any condition for constmction of any public improvements or facilities, or the payment 20 of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Govemment Code Section 2^ 66020. If any such condition is determined to be invalid this approval shall be invalid 22 unless the City Council determines that the project without the condition complies with all requirements of law. 23 5. This approval is granted subject to the approval of the Negative Declaration, ZC 04-01, 24 LCPA 04-02 and CT 04-01 and is subject to all conditions contained in Planning 2^ Commission Resolutions No. 5828, 5829, 5830 and 5831 for those other approvals incorporated herein by reference. 26 6. All constmction activities shall be planned so that grading will occur in imits that can be 27 easily completed within the summer constraction season. All grading operations shall be limited to April I to October I of each year. All areas disturbed by grading shall be planted within 60 days of initial disturbance and prior to October 1 witii temporary or nprmmmt (in the rn<ic nf fini<!b<»H sinnes) frnsion control methods. The October 1 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 grading season deadline may be extended with the approval of the City Engineer subject to implementation by October 1 of erosion control measures designed to prohibit discharge of sediments offsite during and after the grading operation is completed. Extensions beyond November 15 may be allowed in areas of very low risk of impact to sensitive coastal resources and may be approved either as part of the original coastal development pennit or as a formal amendment to an existing coastal development permit. 8. To offset the conversion of non-prime agricultural land to urban land uses per the requirements of the Mello II Local Coastal Program, the applicant shall provide payment of the agricultural mitigation fee, the amount of which shall not be less than $5,000 nor more than $10,000 for each net converted acre of non-prime agricultural land. The amount of the fee shall be determined by the City Council and be paid by the applicant prior to approval of the final map or issuance of any grading permit, whichever occurs first and shall be consistent with the provisions of Carlsbad's Local Coastal Program. NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set fortii in Govemment Code Section 66020(a), and file the protest and any other requh-ed information with tiie City Manager for processing m accordance with Carlsbad Municipal Code Section 3.32.030. Failure to tunely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or aimul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED AND ADOPTED at a regular meeting of tiie Planning Commission of the City of Carlsbad, California, held on the 2nd day of February 2005, by the following vote, to wit: NOES: ABSENT: 1 2 3 4 ^ AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez Hememan, Montgomery and Whitton 6 " 7 8 9 10 JEFFREN. SEGALL,Thairperson J 2 CARLSBAD PLANNING COMMISSION 13 14 15 16 ATTEST: DON NEU 17 Assistant Planning Director 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 5830 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE CARLSBAD LOCAL COASTAL PROGRAM TO CHANGE THE LOCAL COASTAL PROGRAM ZONING DESIGNATION FROM LIMITED CONTROL (L-C) TO ONE-FAMILY RESIDENTIAL (R-l) ON A 5.09 ACRE SITE GENERALLY LOCATED ON THE EAST SIDE OF BLACK RAIL ROAD, SOUTH OF SONGBIRD AVENUE AND NORTH OF OCEAN CREST AVENUE IN THE MELLO H SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 20. CASE NAME: YAMAMOTO SUBDIVISION CASE NO.: LCPA 04-02 WHEREAS, Cahfomia State law requires that tiie Local Coastal Program, General Plan, and Zoning designations for properties in the Coastal Zone be in conformance; and WHEREAS, William Gustafson, 'T>eveloper," has filed a verified appUcation for an amendment to the Local Coastal Program designations regarding property described as The south half of the northwest quarter of the northwest quarter of the northeast quarter of Section 27, T12S, R4W, SBBM, in the City of Carlsbad, County of San Diego, State of California ("tiie Property"); and WHEREAS, said application constitutes a request for a Local Coastal Program Amendment as shown on Exhibit "LCPA 04-02" dated February 2, 2005, attached hereto, as provided in PubUc Resources Code Section 30574 and Article 15 of Subchapter 8, Chapter 2, Division 5.5 of Title 14 of the Califomia Code of Regulations of the CaUfomia Coastal Conimission Administrative Regulations; and WHEREAS, tiie Planning Commission did, on tiie 2nd day of February 2005, hold a duly noticed public hearing as prescribed by law to consider said request; and ^ WHEREAS, at said pubUc hearing, upon hearing and considering all testimony and 2 arguments, if any, of all persons desiring to be heard, said Commission considered all factors 3 relating to the Local Coastal Program Amendment; and 4 ^ WHEREAS, State Coastal Guidelines requires a six week pubUc review period for any 6 amendment to the Local Coastal Program. 7 NOW, THEREFORE, BE IT HEREBY RESOLVED by tiie Planning g Commission ofthe City of Carlsbad as follows: 9 A) That the foregoing recitations are tme and correct. 10 B) At the end of the State mandated six week review period, starting on December ^ ^ 23, 2004 and endmg on February 3, 2005, staff shall present to tiie City Council J 2 a summary of the comments received. 13 C) That based on the evidence presented at the public hearing, the Conimission RECOMMENDS APPROVAL of LCPA 04-02 - YAMAMOTO ^4 SUBDIVISION based on the following findings and subject to the following conditions: 16 Findings: 17 1. That tiie proposed Local Coastal Program Amendment meets the requirements of, and is in conformity with, the poUcies of Chapter 3 of the Coastal Act and all appUcable poUcies ofthe Mello II segment of the Carlsbad Local Coastal Program not being amended by ^g this amendment, in that tfae proposed Local Coastal Program R-l zoning designation is consistent with the Residential Low-Medium Density (RLM, 0-4 du/ac) General 20 Plan and Local Coastal Program land nse designations and the 2^ne 20 Specific Plan (SP 203), and the project is required to provide drainage and ert^ion control 21 measures. 2. That the proposed amendment to the Mello II segment of the Carlsbad Local Coastal 23 Program is required to bring the property's Local Coastal Program Zoning designation into consistency with the General Plan and Local Coastal Program land 24 use designations and the iKone 20 Specific Plan. 25 Conditions; 1. This approval is granted subj^ to the approval of the Negative Declaration and ZC 04- 27 01 and is subject to all conditions contained in Planning Commission Resolutions No. 5828 and 5829 for those other approvals incorporated herein by reference. 28 ^ PASSED, APPROVED AND ADOPTED at a regular meeting of tiie Planning 2 Commission ofthe City ofCarlsbad, California, held on the 2nd day of Febmary 2005, by tiie following vote, to wit: AYES: Chairperson Segall, Conunissioners Baker, Cardosa, Dommguez, Hememan, Montgomery and Whitton NOES: 3 4 5 6 7 8 9 10 11 , 2 JEFFRE N. SEGALL, Chairperson CARLSBAD PLANNING COMMISSION 13 " 14 ATTEST: 15 16 DON NEU 17 Assistant Planning Director 18 19 20 21 22 23 24 25 26 27 28 LCPA 04-02 - YAMAMOTO SUBDIVISION ZONING FEBRUARY 2. 2005 SAG( SAG( O 31 Related Case File No(s): ZC 04-01/CT 04-01/CDP 04-01 LCP Map Des qnation Change Property From: To: A. 215-040-05 L-C R-1 B. C. D. Attach additional pages if necessary 1 PLANNING COMMISSION RESOLUTION NO. 5829 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING 3 APPROVAL OF A ZONE CHANGE FROM LIMITED CONTROL (LC) TO ONE-FAMILY RESIDENTL\L (R-I) ON A ^ 5.09 ACRE SITE GENERALLY LOCATED ON THE EAST 5 SIDE OF BLACK RAIL ROAD, SOUTH OF SONGBIRD AVENUE AND NORTH OF OCEAN CREST AVENUE IN THE 6 MELLO n SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILrnES MANAGEMENT ZONE 20. 7 CASE NAME: YAMAMOTO SUBDIVISION - CASE NO.: ZC 04-01 0 9 WHEREAS, William Gustafson, "Developer," has filed a verified application 10 with the City of Carlsbad regarding property described as The south half of the nortiiwest quarter of the northwest 22 quarter of the northeast quarter of Section 27, T12S, R4W, SBBM, in the City of Carlsbad, County of San Diego, State of 13 California 14 ("tfie Property"); and 15 16 17 18 19 Carlsbad Municipal Code; and 20 WHEREAS, tiie Planning Commission did, on tfie 2nd day of February 2005, 21 hold a duly noticed public hearing as prescribed by law to consider said request; and 22 WHEREAS, at said public hearing, upon hearing and considering all testimony and 23 arguments, if any, of all persons desiring to be heard, said Commission cot^idered all factors 24 relating to the Zone Change. 26 NOW, THEREFORE, BE FT HEREBY RESOLVED by tiie Planning 27 Commission of the City of Carlsbad as follows: A) That the foregoing recitations are trae and correct. WHEREAS, said application constitutes a request for a Zone Change as shown on Exhibit **ZC 04-01" dated February 2, 2005, attached hereto and on file m tiie Planning Department, YAMAMOTO SUBDIVISION - ZC 04-01 as provided by Chapter 21.52 of tiie I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B) That based on the evidence presented at the pubUc hearing, the Commission RECOMMENDS APPROVAL ZC 04-01 - YAMAMOTO SUBDIVISION based on the following findings and subject to the following conditions: Findings; 1. That the proposed Zone Change fmm Limited Control (L-C) to One-Family Residential (R-l) is consistent with the goals and poUcies of the various clients of tiie General Plan, in tiiat the proposed zone replaces the L-C zone which is intended to be an Interim zone designation. The proposed R-l zone is consistent with the Residential Low-Medium Density (RLM, 0-4 du/ac) General Plan designation and the Zone 20 Specific Plan (SP 203) which was earlier found to be consistent with the General Plan. 2. That the Zone Change wiU provide consistency between the General Plan and Zoning as mandated by Califomia State law and the City of Carlsbad General Plan Land Use Element, in that the zone designation shown on Exhibit "ZC 04-01" attached hereto, implements the General Plan Land Use designation of RLM. 3. That the Zone Change is consistent with the public convenience, necessity and gen^ welfare, and is consistent with sound planmng principles in that residential uses allowed by the proposed zone change are compatible with the adjacent and future residential uses. Conditions; 1. This approval is granted subject to the approval of the Negative Declaration and LCPA 04-02 and is subject to all conditions contained in Planning Commission Resolutions No. 5828 and 5830 for those other approvals incorporated herein by reference. 7 ^ NOTICE 2 Please take NOTICE that approval of your project mcludes the "imposition" of fees, dedications, ^ reservations, or other exactions hereafter collectively referred to for convenience as 4 "fees/exactions. 5 You have 90 days &om date of final approval to protest imposition of tiiese fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 6 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or g annul tiieir imposition. 9 You are hereby FURTHER NOTIFIED tfiat your right to protest tiie specified fees/exactions DOES NOT APPLY to water and sewer coimection fees and capacity charges, nor planning, zoning, grading or other similar appUcation processing or service fees in connection witii this J J project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to winch the statute of limitations has previously otherwise 12 expired. 13 PASSED, APPROVED AND ADOPTED at a regular meeting of tiie Planmng 14 Commission of the City of Carlsbad, CaUfomia, held on the 2nd day of February 2005, by the following vote, to wit: AYES: Chakperson SegaU, Commissioners Baker, Cardosa, Dominguez, Heineman, Montgomray and Whitton NOES: 10 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JEFFRE N. SEGALL, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Assistant Planning Director zc 04-01 - YAMAMOTO SUBDIVISION February 2. 2005 Related Case RIe No(s): LCPA 04-02/CT 04-01 /CDP 04-01 Zoning Map Designation Change Property From: To: A. 215-040-05 L-C R-1 B. C. D. Attach additional pages if necessarv 4 1 ORDINANCE NO. 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING SECTION 3 21.05.030 OF THE CARLSBAD MUNICIPAL CODE BY AN AMENDMENT TO THE ZONING MAP TO GRANT A ZONE CHANGE, ZC 04-01, FROM LIMITED CONTROL (L-C) TO 5 ONE-FAMILY RESIDENTIAL (R-l) ON A 5.09 ACRE SITE GENERALLY LOCATED ON THE EAST SIDE OF BLACK 6 RAIL ROAD. SOUTH OF SONGBIRD AVENUE AND NORTH OF OCEAN CREST AVENUE IN THE MELLO II 7 SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 20. 8 CASE NAME: YAMAMOTO SUBDIVISION CASE NO.: ZC 04-01 9 10 11 12 The City Council of the City of Carlsbad, Califomia does ordain as follows: SECTION I: That Section 21.050.30 of the Cartsbad Municipal Code, being the zoning map, is amended as shown on the map marked Exhibit "ZC 04-01" dated February 2, 2005, attached hereto and made a part hereof. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 SECTION II: That the findings and conditions of the Planning Commission as set forth in Planning Commission Resolution No. 5829 constitute the findings and conditions of the City Council. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in a newspaper of general circulation within fifteen days after its adoption. (Not wittistanding the preceding, this ordinance shall not be effective within the City's Coastal Zone until approved by the Califomia Coastal Commission.) INTRODUCED AND FIRST READ at a regular meeting of the Carisbad City Council held on the day of , 2005, and thereafter /// /// /// /// 1 PASSED AND ADOPTED at a regular meeting of said City Council held on the 2 day of , 2005, by the following vote, to wit: 3 AYES: 4 NOES: 5 ABSENT: 6 ABSTAIN: 7 8 9 10 11 12 13 14 15 APPROVED AS TO FORM AND LEGALITY RONALD R. BALL, City Attorney CLAUDE A. LEWIS, Mayor ATTEST: 16 LORRAINE M. WOOD. City Cleri< 17 (SEAL) 18 19 20 21 22 23 24 25 26 27 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 5831 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING CARLSBAD TRACT NUMBER CT 04-01 TO SUBDIVIDE A 5.09 ACRE SITE INTO 16 RESIDENTIAL LOTS ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF BLACK RAIL ROAD, SOUTH OF SONGBIRD AVENUE AND NORTH OF OCEAN CREST AVENUE IN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 20. CASE NAME: YAMAMOTO SUBDIVISION CASE NO.: CT 04-01 WHEREAS, William Gustafson, "Developer," has filed a verified application with the City of Carlsbad regarding property described as The south half of the northwest quarter of the northwest quarter of the northeast quarter of Section 27, T12S, R4W, SBBM, in the City of Carlsbad, County of San Diego, State of California ("the Property"); and WHEREAS, said verified application constitutes a request for a Tentative Tract Map as shown on Exhibits "A" - "G" dated February 2, 2005, on file in the Plarming Department YAMAMOTO SUBDIVISION - CT 04-01, as provided by Title 20 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 2nd day of February 2005, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of persons desiring to be heard, said Commission considered all factors relating to the Tentative Tract Map NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B) That based on the evidence presented at the public hearing, the Commission APPROVES YAMAMOTO SUBDIVISION - CT 04-01, based on the following findings and subject to the following conditions: Findings: 1. That the proposed map and the proposed design and improvement of the subdivision as conditioned, is consistent witii and satisfies all requirements of the General Plan, any applicable specific plans. Titles 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act, and will not cause serious public health problems, in that the project is consistent with all the minimum requirements of Titles 20 and 21 goveming lot size and configuration and has been designed to comply with all applicable City regulations, including the General Plan and the Zone 20 Specific Plan (SP 203). 2. That the proposed project is compatible with the sunounding future land uses since sunounding properties are designated for residential development on the General Plan, and are developed with single-family development with a comparable density. 3. That the site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed, in that the project site can accommodate the proposed residential development while complying with all development standards and public facilities requirements. 4. That the design of the subdivision or the type of improvements will not conflict with easements of record or easements estabUshed by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in that concurrent with the recordation of the final map the developer will vacate and adjust any easements that conflict with the proposed development. 5. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). 6. That the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, in that the lots are oriented to allow for solar exposure and take advantage of prevailing breezes. 7. That the Planning Commission has considered, in connection with the housing proposed by this subdivision, the housing needs of the region, and balanced those housing needs against the public service needs of the City and available fiscal and environmental resources. 8. That the design of the subdivision and improvements are not likely to cause substantial environmental dam^e nor substantially and avoidably injure fish and wildlife or then- habitat, in that the project site has been previously disturbed by agricultural activities and is surrounded by existing development. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9. That the discharge of waste from the subdivision will not result in violation of existing Califomia Regional Water Quality Confrol Board requirements, in that the project has been designed in accordance with the Best Management Practices for water quality protection in accordance with the City's sewer and drainage standards and the project is conditioned to comply with the National Pollution Dischai^e Elimination System (NPDES) requirements. 10. The Planning Commission finds that the project, as conditioned herein, is in confonnance with the Elements of the City's General Plan and Specific Plan 203 based on the facts set forth in the staff report dated February 2,2005 including, but not limited to the following: A) Land Use - The project is consistent with the City's General Plan since the proposed density of 3.14 du/ac is within the density range of 0 - 4.0 du/ac specified for the site as indicated in the Land Use Element of the General Plan. The project's proposed density of 3.14 du/ac is slightly below the Growth Management Control Point density (3.2 du/ac) used for the purpose of calculating the City's compliance with Govemment Code Section 65584. However, consistent with Program 3.8 of the City's certified Housing Element, all of the dwelling units, which were anticipated toward achieving the City's share of the regional housing need that are not utilized by developers in approved projects, are deposited in the City's Excess Dwelling Unit Bank. These excess dwelling units are available for allocation to other projects. Accordingly, there is no net loss of residential unit capacity and there are adequate properties identified in the Housing Element allowing residential development with a unit capacity, including second dweUing units, adequate to satisfy the City's share of the regional housing need. B) Circulation - The project is served by existing fully improved public streets, Songbird Avenue and Surf Crest Street, which operate at an acceptable level of service. The project will install new street improvements and will provide direct access for each lot to public streets. C) Housing - The project is consistent with the Housing Element of the General Plan and the Inclusionary Housing Ordinance as the developer has been conditioned to enter into an Affordable Housing Agreement for the purchase of 3 credits in the Villa Loma affordable housing project to satisfy its 15% inclusionary housing requirement. 11. The project is consistent with the City-Wide FaciUties and Improvements Plan, the Local Facilities Management Plan for Zone 20 and all City public facility policies and ordinances. The project includes elements or has been conditioned to constract or provide funding to ensure that all facilities and improvements regarding: sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; govemment administiative facilities; and open space, related to the project will be installed to serve new development prior to or concunent with need. Specifically, ^ a. The project has been conditioned to provide proof from the Carlsbad Unified 2 School District that the project has satisfied its obligation for school facilities. 3 b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be collected prior to issuance of building permits. 4 5 6 10 16 20 c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. 12. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal 7 Code Section 14.28.020 and Landscape Manual Section IB). 8 13. The Planning Commission of the City of Carlsbad does hereby find: ^ a. it has reviewed, analyzed and considered Negative Declaration, YAMAMOTO SUBDIVISION - ZC 04-01/LCPA 04-02/CT 04-01/CDP 04-01 tiie environmental impacts therein identified for this project and any comments 11 thereon prior to RECOMMENDING ADOPTION of tiie project; and 12 b. the Negative Declaration has been prepared in accordance with requirements of the Califomia Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures ofthe City of Carlsbad; and 14 c. it reflects the independent judgment of the Planning Commission of the City of 15 Carlsbad; and d. based on the EIA Part II and comments thereon, there is no substantial evidence J y the project vrill have a significant effect on the environment. 18 14. The proposed project is consistent with the Habitat Management Plan (HMP) for Natural Communities in the City of Carlsbad in that the subject site was previously used for 1^ agriculture and the project is conditioned to pay agricultural conversion mitigation fees to mitigate the loss of agricultural resources by preserving or enhancing other important coastal resources. There are no sensitive resources either on-site or 21 adjacent to the site, and the project does not require any mitigation or habitat impact fees pursuant to the HMP. 22 15. The Planning Commission has reviewed each of the exactions imposed on the Developer ^3 contained in this resolution, and hereby finds, in tiiis case, that the exactions are imposed 2^ to mitigate impacts caused by or reasonably related to the project, and the extent and the degree ofthe exaction is in rough proportionality to the impact caused by the project. 25 " 26 „ Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of ^7 grading permit or approval of a final map, whichever occurs first. 28 Conditions: 8 1. If any of the foUowing conditions fail to occur; or if they are, by their terms, to be 2 / implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to 3 ^ /^/ revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or fiirther condition all certificates of occupancy ^ issued under the authority of approvals herein granted; record a notice of violation on the ^ property titie; institute and prosecute litigation to compel their compUance with said conditions or seek damages for their violation. No vested rights are gamed by Developer 6 or a successor in interest by the City's approval ofthis Tentative Tract Map. 7 2. / Staff is authorized and directed to make, or require the Developer to make, all conections and modifications to the Tentative Tract Map documents, as necessary to make tiiem intemally consistent and m confonnity with the final action on the project. Development 9 jl^ shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. Developer shall comply vwth aU applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 10 II 12 If any condition for constraction of any public improvements or faciltties, or the payment 13 / of fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shdl be suspended as provided in Govemment Code Section 14 j^/ 66020. If any such condition is determined to be invalid this approval shall be invalid ' unless the City Coimcil determines that the project without the condition complies with all requirements of law. 16 Developer/Operator shall and does hereby agree to mdemnify, protect, defend and hold 17 / hannless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims (l/y and costs, including court costs and attorney's fees incuned by the City arismg, directly 19 or indfrectiy, from (a) City's approval and issuance of this Tentative Tract Map, and (b) City's approval or issuance of any permit or action, whether discretionary or non- 20 discretionary, in connection with the use contemplated herein. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval 21 is not validated. 22 " ' ' The Developer shall submit to the Planning Department a reproducible 24" x 36" mylar 23 '/^ copy of the Tentative Map reflecting the conditions approved by the final decision making body. 24 25 7. Prior to the issuance of ^ouilding^perinit, the Developer shall provide proof to the Director from the CarlsbaSnjhified School District that this project has satisfied its 25 obligation to provide school facilities. 27 8. This project shall comply with all conditions and mitigation measures, which are required ^/ as part of the Zone 20 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9. c_BuildiBg' permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. A note to this effect shall be placed on the Final Map. 10. This approval is granted subject to the approval of the Negative Declaration, ZC 04-01, LCPA 04-02 and CDP 04-01 and is subject to all conditions contained in Planning Commission Resolutions No. 5828, 5829, 5830 and 5832 for those other approvals incorporated herein by reference. iif^U. Developer shall submit and obtain Planning Director approval of a Final Landscape and ^ Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. Developer shall constract and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the v/ landscape plan check process on file in the Planning Department and accompanied by the project's building, improvement, and grading plans. Developer shall establish a homeowner's association and conesponding covenants, conditions and restrictions or an equivalent alternative instrument approved by the Planning Director and City Attorney. Said CC&Rs or other acceptable alternative instrument shall be submitted to and approved by the Planning Director prior to final map approval. Prior to issuance of a building permit the Developer shall provide the Planning Department with a recorded copy of the official CC&Rs that have been approved by the Departaient of Real Estate and the Planning Director. At a minimum, the CC&Rs or other acceptable instmment shall contain the following provisions: a. General Enforcement bv the Citv. The City shall have the right, but not the obligation, to enforce those Protective Covenants set forth in this Declaration in favor of, or in which the City has an interest. b. Notice and Amendment. A copy of any proposed amendment shall be provided to the City in advance. If the proposed amendment affects the City, City shall have the right to disapprove. A copy of the final approved amendment shall be transmitted to City within 30 days for the official record. c. Failure of Association to Maintain Common Area Lots and Easements. In the event that the Association fails to mamtam the "Common Area Lots and/or the Association's Easements" as provided in Article , Section the City shall have the right, but not the duty, to perform the necessary maintenance. If the City elects to perfonn such maintenance, the City shall give written notice to the Association, with a copy thereof to the Owners in the Project, setting forth with particularity the maintenance which the City finds to be required and requesting the cami* he r>firripd nut hv the Assoriation witbin a neriod of tbirtv ^301 davs from the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 giving of such notice. In the event that the Association fails to carry out such maintenance of the Common Area Lots and/or Association's Easements within the period specified by the City's notice, the City shall be entitled to cause such work to be completed and shall be entitied to reimbursement with respect thereto from the Owners as provided herein. d. Special Assessments Levied bv the Citv. In the event fhe City has perfonned the necessary maintenance to either Common Area Lots and/or Association's Easements, the City shall submit a written invoice to the Association for all costs incuned by the City to perform such maintenance of the Common Area Lots and or Association's Easements. The City shall provide a copy of such invoice to each Owner in the Project, together with a statement that if the Association fails to pay such invoice in fidl within the time specified, the City will pursue collection against the Owners in the Project pursuant to the provisions of this Section. Said invoice shall be due and payable by the Association within twenty (20) days of receipt by the Association. If the Association shall fail to pay such invoice in fiill within the period specified, payment shall be deemed delinquent and shall be subject to a late charge in an amount equal to six percent (6%) of the amount of the invoice. Thereafter the City may pursue collection from the Association by means of any remedies available at law or in equity. Without limiting the generality of the foregoing, in addition to all other rights and remedies available to the City, the City may levy a special assessment against the Owners of each Lot in the Project for an equal prorata share of the invoice, plus the late charge. Such special assessment shall constitute a charge on the land and shall be a continuing lien upon each Lot against which the special assessment is levied. Each Owner in the Project hereby vests the City with the right and power to levy such special assessment, to impose a lien upon their respective Lot and to bring all legal actions and/or to pursue Uen foreclosure procedures against any Owner and his/her respective Lot for purposes of collecting such special assessment in accordance with the procedures set forth in Article ofthis Declaration. e. Landscape Maintenance Responsibilities. The HOA shall be responsible for maintaining all the landscaping installed on the subject site. 14;. Developer shall provide a minimum of 25 percent of the lots with adequate sideyard area for Recreational Vehicle storage pursuant to City Standards and the Zone 20 Specific Plan (SP 203). The CC&Rs shall prohibit the storage of recreational vehicles in the required front yard setback. 15. Developer shall pay the citywide PubUc Facilities Fee imposed by City Council Policy #17, the License Tax on new constraction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan feeJot-ZgBg20, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance o€^uildmgj>ermit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. X6. Developer shall submit a sfreet name list consistent with the City's sfreet name policy ./ ciiKit«^'f in tlio Ptanninn nir<»r»tr>r'c nnnrnvjil nrinr to final man annroval 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2' 21 22 23 24 25 26 27 28 /17. Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Zone Change, Local Coastal Program Amendment, Tentative Tract Map and Coastal Development Permit by Resolutions No. 5829, 5830, 5831 and 5832 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice which modifies or tenninates said notice upon a showing of good cause by the Developer or successor in interest. 18. Prior to the approval of the final map for any phase of this project, or where a map is not y bemg processed, prior to the issuance of building permits for any lots or units, the Developer shall enter into an Affordable Housing Agreement with the City to purchase three (3) affordable housing credits in the Villa Loma housing project, in accordance with the requirements and process set forth in Chapter 21.85 of the Carlsbad Municipal Code. The draft Affordable Housing Agreement shaU be submitted to the Planning Director no later than 60 days prior to the request to final the map. The recorded Affordable Housing Agreement shall be binding on all future owners and successors in interest. 19. Developer shall display a cunenLZQning_and Land Use Map, or an altemative, suitable to the Planning Director, in th^^ture sales) office at all times. All sales maps that are disfributed or made available to the public shall include but not be limited to frails, future and existing schools, parks and sfreets. 20. Developer shall post a sign in th^Jftiture sales) office in a prominent location that discloses which special districts and school district provide service to the project. Said sign shall remain posted until ALL of the units are sold. Prior to the recordation of the final map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property is subject to overflight, sight and sound of aircraft operating from McCleUan-Palomar Airport, in a form meeting the approval of the Planning Dfrector and the City Attomey (see Noise Form #2 on file in the Planning Department). ^22. Developer shall post aircraft noise notification signs in all future sales and/or rental offices associated with the new development. The number and locations of said signs shall be approved by the Planning Director (see Noise Form #3 on file in the Planning Department). All constiTiction activities shall be planned so that grading will occur in units that can be . easily completed within the summer construction season. All grading operations shall be limited to April I to October 1 of each year. All areas disturbed by grading shall be planted within 60 days of initial disturbance and prior to October 1 with temporary or pennanent (in the case of fmished slopes) erosion confrol methods. The October I to implementation by October 1 of erosion confrol measures designed to prohibit 2 discharge of sediments offsite during and after the grading operation is completed. Extensions beyond November 15 may be allowed in areas of very low risk of impact to 3 sensitive coastal resources and may be approved either as part of the original coastal development pennit or as a formal amendment to an existing coastal development permit. 4 5 Engineering 6 A^OTE; Unless specifically stated m the condition, all of tiie following conditions, upon the approval of this proposed tentative map, must be met prior to approval of a final map or 7 issuance of a grading permit. General 8 9 .. Prior to hauling dirt or constraction materials to or from any proposed constraction site 10 ^//\ within this project. Developer shall apply for and obtain approval from, the City Engineer ^ ^ , for the proposed haul route. 12 25. Prior to issuance of ai^-buil^j% permit. Developer shall comply with the requirements of the City's anti-graffiti program for wall freatments if and when such a program is 13 formally established by the City. 14 26.y/^ Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other recorded document, for maintaining the perimeter landscaped slopes and private easements within the subdivision and all private storm drain improvements. 27..^ Prior to occupancy. Developer shall mstall rain gutters to convey roof drainage to an 1%^ aoD 15 16 approved drainage course or sfreet to the satisfaction of the City Engineer. ^ ^ ^8^^ There shall be one Final Map recorded for this project. 29j;^ Developer shall install sight distance corridors at all street intersections in accordance 20 f/J vvith Engineering Standards. 21 30^ / Developer shall install sight distance corridors all street intersections in accordance with /T Engineering Standards and shall record the following statement on the Final Map (and in '"^ ^ tiie CC&Rs): 23 "No stracture, fence, wall, free, shrab, sign, or other object over 30 inches above the stteet 24 level may be placed or permitted to encroach within the area identified as a sight distance corridor in accordance with City Standard Public Sfreet-Design Criteria, Section 8.B.3. The underlying property owner shall maintam this condition." 26 The limits of these sight distance corridors shall be reflected on any improvement, 27 grading, or landscape plan prepared in association with this development. 28 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Fees/Agreements Developer shall cause property owner to execute, record and submit a recorded copy to /^y the City Engineer, a deed resttiction on the property which relates to the proposed cross C /i(y drainage as shown on the Tentative Map. The deed resfriction document shall be in a Y'A form acceptable to the City Engineer and shall: A. Clearly delineate the lunits of the drainage course; B. State that the drainage course is to be maintained in perpetuity by the underlying property owner; and C. State that all fiiture use of the property along the drainage course wiU not restrict, impede, divert or otherwise alter drainage flows in a manner that will result in damage to the underlying and adjacent properties or the creation of a public nuisance. Prior to approval of any grading or building permits for this project. Developer shall cause Owner to give written consent to the City Engineer to the annexation of the area shown within the boundaries of the subdivision into the existing City of Carlsbad Sfreet Lighting and Landscaping District No. I and/or to the formation or annexation into an additional Street Lighting and Landscaping District. Said written consent shall be on a form provided by the City Engineer. Prior to approval ofthe Final Parcel Map, Developer shall contribute pro-rata share of the cost for design and constmction of a traffic signal at the intersection of Black Rail Road and Poinsettia Lane. The pro rata share shall be based upon average daily traffic as determined by a traffic analysis approved by the City Engineer. Grading ^4. Prior to the issuance of a grading permit or building permit, whichever occurs first. Developer shall submit to the City Engineer proof that a Notice of Intention for the start of work has been submitted to the State Water Resources Control Board. 3^ Based upon a review of the proposed grading and the jading quantities shown on the tentative map, a grading pennit for this project is requfred. Developer shall apply for and obtain a grading permit from the City Engineer prior to commencement of any work onsite or issuance of any building permits. Dedications/Improvements X36. / Developer shall cause Owner to execute a covenant of easement for drainage purposes as shown on the tentative map. The obUgation to execute and record the covenant of easement shall be shown and recording infonnation called out on the final map. Developer shall provide City Engineer with proof of recordation prior to issuance of uilding pennit. Developer shall cause Owner to make an inevocable offer of dedication to the City and/or other annror»riate entities for all niihlic streets and other eausements shown on tbe tentative I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 map. The offers shall be made by a certificate on the final map. All land so offered shall be offered free and clear of all liens and encumbrances and without cost. Developer shall execute and record a City standard Subdivision Improvement Agreement to install and secure with appropriate security as provided by law, public improvements shown on the tentative map and the following improvements including, but not limited to paving, base, signage & striping, sidewalks, curbs and gutters, grading, clearing and grabbing, undergrounding or relocating of utilities, sewer, water, fire hydrants, sfreet lights, retaining walls, and reclaimed water to City Standards to the satisfaction of the City Engineer. The improvements are: a) Those public street and utility improvements generally as shown on the tentative map, including: Street "A," Surf Crest Street, Black Rail Road, and offsite storm drain facilities, etc. A list of the above shall be placed on an additional map sheet on the Final Map per the provisions of Sections 66434.2 of the Subdivision Map Act. Improvements Usted above shall be constracted within 18 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. Developer shall cause Owner to waive direct access rights on the final map for all lots abutting Songbird Avenue and Black Rail Road. Surf Crest Street, Street "A," Songbird Avenue and Black Rail Road shall be dedicated by Owner along the project frontage, and within the subdivision, as generally shown on the tentative map. All dedications and improvements shall be in conformance with City of Carlsbad Standards. Prior to issuance of building permits. Developer shall underground all existing overhead utilities along and within the subdivision boundary. Developer shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit. Developer shall provide unprovements constracted pursuant to best management practices as referenced in the "California Storm Water Best Management Practices Handbook" to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be submitted to and subject to the approval of the City Engineer. Said plans shall include but not be limited to notifying prospective owners and tenants of the following: A. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and hazardous waste products. B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any sfreet, public or private, or into storm drain or storm water conveyance systems. Use and disposal of pesticides, fungicides, Ucrhiniiioc incfniinif^fc ft«T+JIiTf^rc anH f»thf»r ciich frhemif.nl freatments shall meet 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Federal, State, County and City requirements as prescribed in their respective containers. C. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. Prior to the issuance of grading permit or building permit, whichever occurs first. Developer shall submit for City approval a "Storm Water Pollution Prevention Plan (SWPPP)." The SWPPP shall be in compliance with cunent requirements and provisions established by the San Diego Region of the Califomia Regional Water Quality Confrol Board and City of Carlsbad Requfrements. The SWPPP shall address measures to reduce to the maximum extent practicable storm water pollutant runoff during constraction of the project. At a minimum, the SWPPP shall: a. include all content as established by the Califomia Regional Water Quality Confrol Board requirements; b. include the receipt of "Notice of Intent" issued by the California Regional Water Quality Control Board; c. recommend source confrol and freatment control Best Management Practices (BMPs) that will be implemented with this project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging to City right-of-way or natural drainage course; and d. estabUsh specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to employee education on the proper procedures for handling clean up and disposal of pollutants. Prior to the issuance of grading permit or building permit, whichever occurs first. Developer shall submit for City approval a "Storm Water Management Plan (SWMP)." The SWMP shall demonsfrate compliance with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), Order 2001-01 issued by the San Diego Region of the Califomia Regional Water Quality Confrol Board and City of Carlsbad Municipal Code. The SWMP shall address measures to avoid contact or filter said pollutants ftom storm water, to the maximum extent practicable, for the post-constraction stage of the project. At a minimum, the SWMP shall: a. identify existing and post-development on-site pollutants-of-concem; b. identify the hydrologic unit this project contributes to and impaired water bodies that could be impacted by this project; c. recommend source confrols and treatment confrols that will be implemented with this project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging to City right-of-way; d. establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to employee education on the proper procedures for handling clean up and disposal of pollutants; e. ensure long-term maintenance of all post constract BMPs in perpetuity; and f. identify how post-development runoff rates and velocities from the site will not exceed the pre-development runoff rates and velocities to the maximum extent nraeticflble. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Prior to occupancy. Developer shall install sfreetiights, sidewalks, and pedestrian access ramps, along all public and private sfreet frontages abutting and/or within the subdivision boundary in conformance with City of Carlsbad Standards. Final Map Notes ^^^j Developer shall show on Final Map the net developable acres for each parcel. 47,. Note(s) to the following effect(s) shall be placed on the map as non-mapping data: A. Buildmg permits will not be issued for development ofthe subject property unless the appropriate agency determines that sewer and water facilities are available. B. No stracture, fence, wall, tree, shrab, sign, or other object over 30 inches above the street level may be placed or permitted to encroach within the area identified as sight distance corridors. C. A covenant for easement for drainage purposes over lots 4,5, and 12 shall be recorded concurrentfy with the final map. The easement shall provide for access, maintenance and drainage rights. Water 49.. Prior to approval of improvement plans or final map. Developer shall meet with the Fire Marshal to determine if ffre protection measures (ffre flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the satisfaction of the District Engineer. The Developer shall design and constract public facilities within public right-of-way or within minimum 20-feet wide easements granted to the District or the City of Carlsbad. At the discretion of the District Engineer, wider easements may be required for adequate maintenance, access and/or joint utility purposes. Prior to issuance of building permits. Developer shall pay all fees, deposits, and charges for connection to public facilities. Developer shall pay the San Diego Countv Water Authoritv capacitv charge(s) prior to issuance of Building Permits. 5i y The Developer shall prepare a colored recycled water use map and submit this map to the 0-^ Planning Department for processing and approval by the District Engineer. The Developer shall design landscape and irrigation plans utilizing recycled water as a source. Said plans shall be submitted to the satisfaction of the District Engineer. The Developer shall design and constract public water, sewer, and recycled water facilities to the satisfaction of the District Engineer. Proposed public facilities shall be reflected on public improvement plans. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 yse. Prior to Final Map approval or issuance of building permits, whichever is first, the entire potable water, recycled water, and sewer system shall be evaluated in detail to ensure that adequate capacity, pressure, and flow demands can be met to the satisfaction of the District Engineer. Code Reminders The project is subject to all applicable provisions of local ordinances, including but not limited to the following: i/55^^The tentative map shall expire twenty-four (24) months from the date this tentative map ||A^?]fV^e>pprovaI becomes final. Developer shall exercise special care during the constraction phase of this project to prevent offsite siltation. Planting and erosion confrol shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction ofthe City Engineer. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of tiie Carlsbad Municipal Code. Developer shall pay park-in-Ueu fees to the City, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code. Any signs proposed for this development shall at a minimum be designed in conformance with the City's Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. 60". Approval of this request shall not excuse compliance witii all applicable sections of the Zoiung Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the Tentative Map are for platming purposes only. Developer shall pay fraffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. ^ NOTICE 2 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, ^ reservations, or other exactions hereafter collectively referred to for convenience as 4 "fees/exactions. 5 You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Govemment Code Section 6 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or g annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions 9 DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a 1J NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired, 7 10 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning 12 13 j4 Commission of the City of Carlsbad, California, held on the 2nd day of Febmary 2005, by the 15 following vote, to wit: 16 AYES: Chafrperson Segall, Commissioners Baker, Cardosa, Dominguez J ^ Heineman, Montgomery and Whitton lg NOES 19 20 21 22 JEFFRE N. SEGALL,r}iairperson 23 CARLSBAD PLANNING COMMISSION 24 25 ATTEST: 26 27 DON NEU 2g Assistant Planning Director I 5 PLANNING COMMISSION RESOLUTION NO. 5831 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNL\, APPROVING 3 CARLSBAD TRACT NUMBER CT 04-01 TO SUBDIVIDE A 5.09 ACRE SITE INTO 16 RESIDENTIAL LOTS ON 4 PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF BLACK RAIL ROAD, SOUTH OF SONGBIRD AVENUE AND NORTH OF OCEAN CREST AVENUE IN THE MELLO II 6 SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 20. 7 CASE NAME: YAMAMOTO SUBDIVISION CASE NO.: CT 04-01 « RECEIVED Q WHEREAS, William Gustafson, "Developer," has filed a verified apnlication ^ APR 09 20l 10 witii the City of Carlsbad regarding property described as ^...-....^-r,..,^ ENGINEERING 11 The south half of the northwest quarter of the nS^fi^lf "^^^^^ J2 quarter of the northeast quarter of Section 27, T12S, R4W, SBBM, in the City of Carlsbad, County of San Diego, State of 13 California 14 ("tiie Property"); and 15 16 17 18 19 Carlsbad Municipal Code; and 20 WHEREAS, the Planning Commission did, on the 2nd day of February 2005, 21 hold a duly noticed public hearing as prescribed by law to consider said request; and 22 WHEREAS, at said public hearing, upon hearing and considering all testimony 23 and arguments, if any, of persons desiring to be heard, said Commission considered all factors 24 2^ relating to the Tentative Tract Map. 26 NOW, THEREFORE, BE IT HEREBY RESOLVED by tiie Planning 27 Commission of the City of Carlsbad as follows: 28 A) That the foregoing recitations are tme and conect. WHEREAS, said verified application constitutes a request for a Tentative Tract Map as shown on Exhibits "A" - "G" dated Febmary 2, 2005, on file in tiie Planning Department YAMAMOTO SUBDIVISION - CT 04-01, as provided by Title 20 of tiie ^ B) That based on the evidence presented at the public hearing, the Commission 2 APPROVES YAMAMOTO SUBDIVISION - CT 04-01, based on the foUowing findings and subject to the following conditions: 3 4 5 8 13 17 20 21 Findings: 1. That the proposed map and the proposed design and improvement of the subdivision as conditioned, is consistent with and satisfies all requirements of the General Plan, any g applicable specific plans, Tities 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act, and will not cause serious public health problems, in that the 7 project is consistent with all the minimum requirements of Titles 20 and 21 governing lot size and configuration and has been designed to comply with all applicable City regulations, including the General Plan and the Zone 20 Specific g Plan (SP 203). 10 2. That the proposed project is compatible with the sunounding future land uses since sunounding properties are designated for residential development on the General Plan, 11 and are developed with single-family development with a comparable density. 12 3. That the site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed, in that the project site can accommodate the proposed residential 14 development while complying with all development standards and public facilities requirements. 15 That the design of the subdivision or the type of improvements will not conflict with 16 easements of record or easements established by court judgment, or acqufred by the public at large, for access through or use of property within the proposed subdivision, m that concurrent with the recordation of the final map the developer will vacate and 1 g adjust any easements that conflict with the proposed development. 19 5, That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). That the design of the subdivision provides, to the extent feasible, for future passive or natural heatmg or cooling opportunities in the subdivision, m that the lots are oriented 22 to allow for solar exposure and take advantage of prevaiUng breezes. 23 7. That the Planning Commission has considered, in connection with the housing proposed by this subdivision, the housing needs of the region, and balanced those housing needs 24 against the public service needs of the City and available fiscal and environmental resources. 25 2g 8. That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish and wildlife or thefr 27 habitat, in that the project site has been previously disturbed by agricultural activities and is surrounded by existing development. 28 PC RESO NO. 5831 -2- 12 9. That the discharge of waste from the subdivision will not resuh in violation of existing 2 Califomia Regional Water Quality Control Board requfrements, in that the project has been designed in accordance with the Best Management Practices for water quality 3 protection in accordance with the City's sewer and drainage standards and the project is conditioned to comply with the National PoUution Discharge Elimination ^ System (NPDES) requirements. ^ 10. The Planning Commission finds that the project, as conditioned herein, is in 6 conformance with the Elements of the City's General Plan and Specific Plan 203 based on the facts set forth in the staff report dated February 2,2005 including, but not limited 7 to the following: ^ A) Land Use - The project is consistent with the City's General Plan since the ^ proposed density of 3.14 du/ac is within the density range of 0 - 4.0 du/ac specified for the site as indicated in the Land Use Element of tbe General 10 Plan. The project's proposed density of 3.14 du/ac is slightly below the Growth Management Control Point density (3.2 du/ac) used for the purpose 11 of calculating the City's compliance with Government Code Section 65584. However, consistent with Program 3.8 of the City's certified Housing Element, aU of the dwelling units, which were anticipated toward achieving 23 the City's share of the regional housing need that are not utilized by developers in approved projects, are deposited in the City's Excess Dwelling 14 Unit Bank. These excess dwelling units are available for allocation to other projects. Accordingly, there is no net loss of residential unit capacity and 1^ there are adequate properties identified in the Housing Element allowing residential development with a unit capacity, including second dweUing units, adequate to satisfy the City's share of the regional housing need. 17 B) Circulation - The project is served by existing fully improved public streets, 18 Songbird Avenue and Surf Crest Street, which operate at an acceptable level of service. The project wUI instaU new street improvements and will provide 1 ^ direct access for each lot to pubUc streets. 10 ^ C) Housing - The project is consistent with the Housing Element of the General 21 Plan and the Inclusionary Housing Ordinance as the developer has been conditioned to enter into an Affordable Housing Agreement for the purchase 22 of 3 credits in the Villa Loma affordable housing project to satisfy its 15% inclusionary housing requirement. 23 11. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 20 and all City public facility policies and 25 ordinances. The project includes elements or has been conditioned to constmct or provide fimding to ensure that all facilities and improvements regarding: sewer collection 26 and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; govemment administrative facilities; and open space, related to the 27 project will be installed to serve new development prior to or concunent with need. 2g Specifically, PC RESO NO. 5831 -3- ^ ' The project has been conditioned to provide proof from the Carlsbad Unified 2 School District that the project has satisfied its obligation for school facilities. 3 b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be collected prior to issuance of bmlding pennits. 5 ^ 12. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal J Code Section 14.28.020 and Landscape Manual Section IB). 8 13. The Planning Commission of the City of Carlsbad does hereby find: 10 20 24 25 26 28 c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building pennit. ^ a. it has reviewed, analyzed and considered Negative Declaration, YAMAMOTO SUBDIVISION - ZC 04-01/LCPA 04-02/CT 04-01/CDP 04-01 the environmental impacts therein identified for this project and any comments 11 tiiereon prior to RECOMMENDING ADOPTION ofthe project; and 12 b. the Negative Declaration has been prepared in accordance with requfrements of the Califomia Envfroiunental Quality Act, the State Guidelmes and the Environmental Protection Procedures of the City of Carlsbad; and 13 14 it reflects the independent judgment of the Planning Commission of the City of 15 Carlsbad; and 1^ d. based on the EIA Part II and comments thereon, there is no substantial evidence J y the project will have a significant effect on the envfronment. 18 14. The proposed project is consistent with the Habitat Management Plan (HMP) for Natural Communities in tiie City of Carlsbad in that the subject site was previously used for 1^ agriculture and the project is conditioned to pay agricultural conversion mitigation fees to mitigate the loss of agricultural resources by preserving or enhancing other important coastal resources. There are no sensitive resources either on-site or 21 adjacent to the site, and the project does not require any mitigation or habitat impact fees pursuant to the HMP. 22 15. The Planning Commission has reviewed each of the exactions imposed on the Developer 23 contained in this resolution, and hereby finds, in this case, that the exactions are unposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree ofthe exaction is in rough proportionality to the impact caused by the project. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of 27 grading permit or approval of a final map, whichever occurs first. PC RESO NO. 5831 1. If any of fhe following conditions fail to occur; or if they are, by their terms, to be 2 implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to thefr terms, the City shall have the right to 3 revoke or modify all approvals herein granted; deny or fiirther condition issuance of all future building permits; deny, revoke or ftirther condition all certificates of occupancy ^ issued under the authority of approvals herein granted; record a notice of violation on the J property titie; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer 6 or a successor in interest by the City's approval of this Tentative Tract Map. Staff is authorized and dfrected to make, or require the Developer to make, all conections and modifications to the Tentative Tract Map documents, as necessary to make them intemally consistent and in conformity with the final action on the project. Development 9 shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall requfre an amendment to this approval. 10 Developer shall comply with all applicable provisions of federal, state, and local laws and 11 regulations in effect at the time of building pennit issuance. 12 4. If any condition for constraction of any public improvements or facilities, or the payment 13 of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shsdl be suspended as provided in Govemment Code Section 14 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 15 16.. 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold 17 hannless tiie City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 1^ and costs, mcluding court costs and attomey's fees mcuned by tiie City arising, directly or indirectly, from (a) City's approval and issuance of this Tentative Tract Map, and (b) City's approval or issuance of any permit or action, whether discretionary or non- 20 discretionary, in connection with the use contemplated herein. This obligation survives until aU legal proceedings have been concluded and continues even if the City's approval 21 is not validated. 22 The Developer shall submit to the Planning Department a reproducible 24" x 36" mylar 23 copy of the Tentative Map reflecting the conditions approved by the fmal decision making body. 24 Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Carlsbad Unified School District that this project has satisfied its 25 obligation to provide school facilities. 27 8. This project shall comply with all conditions and mitigation measures, which are required as part of the Zone 20 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. PC RESO NO. 5831 " Buildmg permits will not be issued for this project unless the local agency providing 2 water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the 3 time of the application for the building permit, and that water and sewer capacity and faciUties will continue to be available until the time of occupancy. A note to this effect ^ shall be placed on the Final Map. ^ 10. This approval is granted subject to the approval of the Negative Declaration, ZC 04-01, 5 LCPA 04-02 and CDP 04-01 and is subject to all conditions contained in Planning Commission Resolutions No. 5828, 5829, 5830 and 5832 for those other approvals 7 incorporated herein by reference. 11. Developer shall submit and obtain Planning Director approval of a Final Landscape and 9 Irrigation Plan showing conformance with tiie approved Preliminaty Landscape Plan and the City's Landscape Manual. Developer shall constract and instaU all landscaping as 10 shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 11 j2 12. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Department and accompanied by the 13 project's building, improvement, and grading plans. 15 14 13. Developer shall establish a homeowner's association and conesponding covenants, conditions and restrictions or an equivalent altemative instrument approved by the Planning Director and City Attorney. Said CC&Rs or other acceptable alternative lg instmment shall be submitted to and approved by the Planning Director prior to final map approval. Prior to issuance of a building permit the Developer shall provide the 17 Planning Department with a recorded copy of the official CC&Rs that have been approved by the Department of Real Estate and the Planning Dfrector. At a minimum, 1 ^ the CC&Rs or other acceptable instmment shall contain the following provisions: 19 a. General Enforcement bv the Citv. The City shall have the right, but not the 20 obligation, to enforce those Protective Covenants set forth m this Declaration in favor of, or in which the City has an interest. 21 22 b. Notice and Amendment. A copy of any proposed amendment shaU be provided to the City in advance. If the proposed amendment affects the City, City shall have the right 23 to disapprove. A copy of the final approved amendment shall be transmitted to City within 30 days for the official record. 24 Failure of Association to Maintain Common Area Lots and Easements. In the event 25 that the Association fails to maintain the "Common Area Lots and/or the Association's Easements" as provided in Article , Section the City shall have the right, but not the duty, to perform the necessaty maintenance. If 27 the City elects to perform such maintenance, the City shall give written notice to the Association, with a copy thereof to the Owners in the Project, setting forth with 28 particularity the maintenance which the City finds to be requfred and requesting the same be canied out by the Association within a period of thirty (30) days from the PC RESO NO. 5831 -6- 26 8 giving of such notice. In the event that the Association fails to carry out such 2 maintenance of the Common Area Lots and/or Association's Easements within the period specified by the City's notice, the City shall be entitied to cause such work to 3 be completed and shall be entitled to reimbursement with respect thereto from the ^ Owners as provided herein. J d. Special Assessments Levied bv the Citv. In the event the City has performed the necessaty maintenance to either Common Area Lots and/or Association's Easements, 6 the City shall submit a written invoice to the Association for all costs mcuned by the City to perform such maintenance of the Common Area Lots and or Association's 7 Easements. The City shall provide a copy of such invoice to each Owner in the Project, together with a statement that if the Association fails to pay such invoice in full within the time specified, the City will pursue collection against the Owners in 9 the Project pursuant to the provisions ofthis Section. Said invoice shall be due and payable by the Association within twenty (20) days of receipt by the Association. If 10 the Association shall fail to pay such invoice in fidl within the period specified, payment shall be deemed delinquent and shall be subject to a late charge in an amount 11 equal to six percent (6%) of tiie amount of the invoice. Thereafter the City may 12 pursue collection from the Association by means of any remedies available at law or in equity. Without luniting the generality of the foregomg, in addition to all other 13 rights and remedies available to the City, the City may levy a special assessment against the Owners of each Lot in the Project for an equal prorata share ofthe mvoice, 14 plus the late charge. Such special assessment shall constitute a charge on the land and shall be a continuing lien upon each Lot against which the special assessment is levied. Each Owner in the Project hereby vests the City with the right and power to 15 levy such special assessment, to impose a lien upon their respective Lot and to bring all legal actions and/or to pursue Uen foreclosure procedures against any Owner and 17 his/her respective Lot for purposes of collecting such special assessment in ^ ^ accordance with the procedures set forth in Article of this Declaration. Yg e. Landscape Maintenance Responsibilities. The HOA shall be responsible for maintaining all the landscaping installed on the subject site. 20 14. Developer shall provide a minimum of 25 percent of the lots with adequate sideyard area 21 for Recreational Vehicle storage pursuant to City Standards and the Zone 20 Specific 22 Plan (SP 203). The CC&Rs shall prohibit the storage of recreational vehicles in the required front yard setback. 23 15. Developer shall pay the citywide Public Facilities Fee imposed by City CouncU Policy 24 #17, the License Tax on new constraction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if appUcable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable 25 Local Facilities Management Plan fee for Zone 20, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this 27 approval will not be consistent with the General Plan and shall become void. 28 16. Developer shall submit a street name list consistent with the City's street name policy subject to the Planning Director's approval prior to final map approval. PC RESO NO. 5831 -7- 15 25 11 17. Developer shall submit to the City a Notice of Restriction to be filed in the office of the 2 County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors m mterest that the City of Carlsbad has issued a Zone 3 Change, Local Coastal Program Amendment, Tentative Tract Map and Coastal Development Permit by Resolutions No. 5829, 5830, 5831 and 5832 on the property. ^ Said Notice of Restriction shall note the property description, location of the file ^ containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The 6 Planning Director has the authority to execute and record an amendment to the notice which modifies or temunates said notice upon a showing of good cause by the Developer 7 or successor in interest. g 18. Prior to the approval of the final map for any phase ofthis project, or where a map is not 9 being processed, prior to the issuance of building permits for any lots or units, the Developer shall enter into an Affordable Housing Agreement with the City to purchase 10 three (3) affordable housing credits in the Villa Loma housing project, in accordance with the requirements and process set forth in Chapter 21.85 ofthe Carlsbad Municipal Code. The draft Affordable Housing Agreement shall be submitted to the Planning 12 Director no later than 60 days prior to the request to final the map. The recorded Affordable Housing Agreement shall be binding on all future owners and successors in 13 interest. 14 19. Developer shall display a cunent Zoning and Land Use Map, or an altemative, suitable to j2 the Planning Director, in the future sales office at all times. AU sales maps that are disttibuted or made available to the public shall include but not be limited to frails, future 15 and existing schools, parks and streets. 17 20. Developer shall post a sign in the future sales office in a prominent location that discloses which special districts and school district provide service to the project. Said sign shall remain posted until ALL of the units are sold. 19 21. Prior to the recordation of tbe final map or the issuance of building permits, whichever 20 occurs first, the Developer shall prepare and record a Notice that this property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a 21 form meeting the approval of the Planning Dfrector and the City Attomey (see Noise 22 Form #2 on file in the Planning Department). 23 22. Developer shall post aircraft noise notification signs in all future sales and/or rental offices associated with the new development. The number and locations of said signs 24 shall be approved by the Plaiming Dfrector (see Noise Form #3 on file in the Planning 22 Department). 25 23. All constraction activities shall be planned so that gradmg will occur in units that can be easily completed within the summer constraction season. All grading operations shall be 27 limited to April 1 to October 1 of each year. All areas disturbed by grading shall be planted within 60 days of initial disturbance and prior to October 1 with temporary or 28 permanent (in the case of finished slopes) erosion conttol methods. The October 1 grading season deadline may be extended with the approval of the City Engineer subject PC RESO NO. 5831 -8- to implementation by October 1 of erosion conttol measures designed to prohibit 2 discharge of sediments offsite during and after the grading operation is completed. Extensions beyond November 15 may be allowed in areas of very low risk of impact to 3 sensitive coastal resources and may be approved either as part of the original coastal development pennit or as a formal amendment to an existing coastal development permit. 4 5 Engineering 6 A'^OT^.-Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed tentative map, must be met prior to approval of a final map or 7 issuance of a grading permit. General 8 9.. 24. Prior to hauling dirt or constraction materials to or from any proposed constraction site 10 within this project. Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. 11 j2 25. Prior to issuance of any building permit. Developer shall comply with the requfrements of the City's anti-graffiti program for wall teeatments if and when such a program is 13 formally established by the City. 14 26. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other recorded document, for maintaining the perimeter landscaped slopes and private easements within the subdivision and all private storm drain improvements. 15 16 27. Prior to occupancy. Developer shall install rain gutters to convey roof drainage to an 17 approved drainage course or sfreet to the satisfaction of the City Engineer. 18 28. There shall be one Final Map recorded for this project. 19 29. Developer shall install sight distance corridors at all stteet intersections in accordance 20 with Engineering Standards. 21 30. Developer shall instaU sight distance corridors all street intersections in accordance with Engineering Standards and shall record the following statement on the Final Map (and in tiie CC&Rs): 22 23 .. "No stracture, fence, wall, ttee, shrab, sign, or other object over 30 mches above the stteet 24 level may be placed or permitted to encroach within the area identified as a sight distance corridor in accordance with City Standard Public Street-Design Criteria, Section 8.B.3. 25 The underlying property owner shall maintain this condition." 26 The limits of these sight distance corridors shaU be reflected on any improvement, 27 grading, or landscape plan prepared in association with this development. 28 PC RESO NO. 5831 -9- Fees/Agreements 1 2 .. 31. Developer shall cause property owner to execute, record and submit a recorded copy to 3 the City Engineer, a deed resttiction on the property which relates to the proposed cross lot drainage as shown on the Tentative Map. The deed resttiction document shall be in a 4 form acceptable to the City Engineer and shall: 5 A. Clearly delineate the lunits of the drainage course; 6 B. State that the drainage course is to be maintained in perpetuity by the underlying property owner; and 7 C. State that all future use of the property along the drainage course wiU not restrict, impede, divert or otherwise alter drainage flows in a manner that wiU result m damage to the underlying and adjacent properties or the creation of a public 9 nuisance. 8 10 32. Prior to approval of any grading or building pemiits for this project. Developer shall cause Owner to give written consent to the City Engineer to the annexation of the area 11 shown within the boundaries of the subdivision into the existing City of Carlsbad Street j2 Lighting and Landscaping District No. 1 and/or to the formation or annexation into an additional Street Lighting and Landscaping District. Said written consent shaU be 13 on a form provided by the City Engineer. 14 33. Prior to approval of the Final Parcel Map, Developer shall contribute pro-rata share j2 ofthe cost for design and constraction of a traffic signal at the intersection of Black Rail Road and Poinsettia Lane. The pro rata share shall be based upon average 15 daily traffic as determined by a traffic analysis approved by the City Engineer. 17 Gradmg 18 34. Prior to the issuance of a grading permit or building permit, whichever occurs first, 19 Developer shall submit to the City Engineer proof that a Notice of Intention for the start of work has been submitted to the State Water Resources Conttol Board. 20 35. Based upon a review of the proposed grading and the grading quantities shown on the 21 tentative map, a grading permit for this project is required. Developer shall apply for and obtain a grading permit from the City Engineer prior to commencement of any work onsite or issuance of any building permits. 22 23 24 Dedications/Improvements 36. Developer shall cause Owner to execute a covenant of easement for drainage purposes 25 as shown on the tentative map. The obligation to execute and record the covenant of 25 easement shall be shown and recording mformation called out on the final map. Developer shall provide City Engineer with proof of recordation prior to issuance of 27 building pennit. 28 37. Developer shall cause Owner to make an inevocable offer of dedication to the City and/or other appropriate entities for all public stteets and other easements shown on the tentative PC RESO NO. 5831 -10- ^ map. The offers shall be made by a certificate on the fmal map. All land so offered shall 2 be offered free and clear of all liens and encumbrances and without cost. 3 38. Developer shall execute and record a City standard Subdivision Improvement Agreement to install and secure with appropriate security as provided by law, public improvements 4 shown on the tentative map and the following improvements including, but not limited to 2 paving, base, signage & striping, sidewalks, curbs and gutters, grading, clearing and grabbing, undergroundmg or relocating of utilities, sewer, water, ffre hydrants, stteet 6 lights, retaining walls, and reclaimed water to City Standards to the satisfaction of the City Engineer. The improvements are: 7 8 a) Those public street and utiUty improvements generally as shown on the tentative map, including: Street ''A," Surf Crest Street, Black Rail Road, 9 and offsite storm drain faciUties, etc. 11 10 A Ust of the above shall be placed on an additional map sheet on the Final Map per the provisions of Sections 66434.2 of the Subdivision Map Act. Improvements Usted above shall be constracted within 18 months of approval of the subdivision or development ^2 improvement agreement or such other time as provided in said agreement. 13 39. Developer shall cause Owner to waive dfrect access rights on the final map for all lots abuttmg Songbird Avenue and Black RaU Road. 14 j2 40. Surf Crest Street, Street ''A," Songbird Avenue and Black Rail Road shall be dedicated by Owner along the project frontage, and within the subdivision, as generally 15 shown on the tentative map. All dedications and improvements shall be in conformance with City of Carlsbad Standards. 17 18 19 42. Developer shall comply with the City's requirements of the National Pollutant Discharge 20 Elimination System (NPDES) permit. Developer shall provide improvements constracted pursuant to best management practices as referenced in the "Califomia Storm Water Best 21 Management Practices Handbook" to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be submitted to and subject to the approval of the City Engineer. Said plans shall include but not be 23 limited to notifying prospective owners and tenants of the following: 22 41. Prior to issuance of building pennits. Developer shall underground all existing overhead utilities along and within the subdivision boundary. 24 A. All owners and tenants shall coordinate efforts to estabUsh or work with established disposal programs to remove and properly dispose of toxic and 25 hazardous waste products. 26 B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, 27 antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any stteet, public or private, or mto storm drain 28 or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical freatments shall meet PC RESO NO. 5831 -11- 1 2 Federal, State, County and City requirements as prescribed in their respective containers. 3 C. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. 4 J 43. Prior to the issuance of grading permit or building permit, whichever occurs ffrst. Developer shall submit for City approval a "Storm Water Pollution Prevention Plan 6 (SWPPP)." The SWPPP shall be in compliance with cunent requirements and provisions established by the San Diego Region of the Califomia Regional Water Quality Confrol 7 Board and City of Carlsbad Requirements. The SWPPP shall address measures to reduce to the maximum extent practicable storm water pollutant runoff during constraction of the project. At a minimum, the SWPPP shall: 9 include all content as established by the Califomia Regional Water Quality 10 Conttol Board requirements; include the receipt of "Notice of Intent" issued by the Califomia Regional Water 11 Quality Control Board; j2 c. recommend source conttol and freatment control Best Man^ement Practices (BMPs) that will be implemented with this project to avoid contact or filter said 13 pollutants from storm water to the maximum extent practicable before discharging to City right-of-way or natural drainage course; and 14 d. estabUsh specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to employee education on the proper procedures for handling clean up and disposal of pollutants. 16 44. Prior to the issuance of grading permit or building permit, whichever occurs first, 17 Developer shall submit for City approval a "Storm Water Management Plan (SWMP).' The SWMP shall demonsttate compliance with the City of Carlsbad Standard Urban 18 Stonnwater Mitigation Plan (SUSMP), Order 2001 -01 issued by the San Diego Region of JP the Califomia Regional Water Quality Confrol Board and City of Carlsbad Municipal Code. The SWMP shall address measures to avoid contact or filter said pollutants from 20 storm water, to the maximum extent practicable, for the post-constraction stage of the project. At a minimum, the SWMP shall: 21 22 a. identify existing and post-development on-site pollutants-of-concem; b. identify the hydrologic unit this project contributes to and unpaired water bodies 23 that could be impacted by this project; c. recommend source conttols and tteatment conttols that will be implemented with 24 this project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging to City right-of-way; 25 d. estabUsh specific procedures for handling spills and routine clean up. Special 25 considerations and effort shall be applied to employee education on the proper procedures for handling clean up and disposal of pollutants; 27 e. ensure long-term mamtenance of all post constract BMPs in perpetuity; and f identify how post-development runoff rates and velocities from the site will not 28 exceed the pre-development runoff rates and velocities to the maximum extent practicable. PC RESO NO. 5831 -12- Final Map Notes 45. Prior to occupancy. Developer shall install streetlights, sidewalks, and pedestrian access 2 ramps, along all public and private sfreet frontages abutting and/or within the subdivision boundaty in conformance with City of Carlsbad Standards. 3 4 2 46. Developer shall show on Final Map the net developable acres for each parcel. 6 47. Note(s) to the following effect(s) shall be placed on the map as non-mapping data: 7 A. Building permits wiU not be issued for development ofthe subject property unless the appropriate agency determines that sewer and water facilities are available. o 9 B. No stracture, fence, wall, tree, shrab, sign, or other object over 30 inches above the street level may be placed or permitted to encroach within the area identified 10 as sight distance corridors. 11 C. A covenant for easement for drainage purposes over lots 4,5, and 12 shaU be J2 recorded concurrently with the final map. The easement shall provide for access, maintenance and drainage rights. 13 14 15 Water 48. Prior to approval of improvement plans or final map, Developer shall meet with the Fire Marshal to determine if fire protection measures (fire flows, fire hydrant locations, 15 building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be considered pubUc improvements and shaU be served by public water mains to the 17 satisfaction of the District Engineer. ^8 49. The Developer shall design and constract public facilities within public right-of-way or JP withm minimum 20-feet wide easements granted to the District or the City of Carlsbad. At the discretion of the District Engineer, wider easements may be required for adequate 20 maintenance, access and/or joint utility purposes. 21 50. Prior to issuance of building permits. Developer shall pay all fees, deposits, and charges for connection to public facilities. Developer shall pay the San Diego Countv Water Authority capacitv charge(s") prior to issuance of Buildmg Permits. 22 23 51. The Developer shall prepare a colored recycled water use map and submh this map to the 24 Planning Department for processing and approval by the District Engineer. 25 52. The Developer shall design landscape and irrigation plans utilizing recycled water as a 25 source. Said plans shall be subinitted to the satisfaction of the District Engineer. 27 53. The Developer shall design and constract public water, sewer, and recycled water facilities to the satisfaction of the District Engineer. Proposed public facilities shall be 28 reflected on public improvement plans. PC RESO NO. 5831 -13- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 54. Prior to Fmal Map approval or issuance of building pennits, whichever is first, the entire potable water, recycled water, and sewer system shall be evaluated in detail to ensure that adequate capacity, pressure, and flow demands can be met to the satisfaction of the District Engineer. Code Reminders The project is subject to all applicable provisions of local ordinances, including but not Umited to the following: 55. The tentative map shall expire twenty-four (24) months from the date this tentative map approval becomes fuial. 56. Developer shall exercise special care during the constraction phase of this project to prevent offsite siltation. Planting and erosion conttol shaU be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. 57. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of tiie Carlsbad Municipal Code. 58. Developer shall pay park-m-lieu fees to the City, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code. 59. Any signs proposed for this development shall at a minimum be designed in conformance with the City's Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. 60. Approval of this request shall not excuse compUance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of buildmg permit issuance, except as otherwise specifically provided herein. 61. The Average Daily Trips (ADT) and floor area contamed in the staff report and shown on the Tentative Map are for planning purposes only. Developer shall pay fraffic unpact and sewer impact fees based on Section 18.42 and Section 13.10 ofthe City of Carlsbad Municipal Code, respectively. PC RESO NO. 5831 •14- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively refened to for convenience as "fees/exactions." You have 90 days from date of fmal approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Govemment Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED tiiat your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED AND ADOPTED at a regular meeting of tiie Planning Commission of the City of Carlsbad, Califomia, held on the 2nd day of Febmary 2005, by tiie following vote, to wit: AYES: NOES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez Heineman, Montgomery and Whitton JEFFRE N. SEGALL,T:haiiperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Assistant Planning Director PC RESO NO. 5831 -15- PROJECT PLAN REVIEW COMPLETION The following project plans have been reviewed and are recommended for approval: Project Name: ^^6 /»? <y /-* Project No: C r Qj- o I Drawing No: H 33 - 3 Sheets No. / throuoh s -DECLARATION-OF RESPONSIBLE CHARGE I- hereby declare that I have exe.''cised responsible charge over the plan review of this project as defined in Section 6703 of the Business and Professions Code to determine that the plans are found to be in substantial compliance with applicable codes and standards. Plan review of these project drawings does not relieve the Engineer of Work of the responsibilities for the project design. Firm: Berryman & Henioar Address: 11590 W. Bernardo Court. Suite 100 San Dieoo. CA 92^27 Telephone: 451-6100 Bv: pci'^l^i Date: Af^-c ( ^c e^ P.E. (Civil) No: 33 V2 2- Expiration: ^/i^V-^tyc (seal) F;\UScRS\RAU.E\WP0ATA\PL4>NREV.BiH Rev. 2/8/96 An employee-owned company PROJECT REVIEW COMPLETION The following project has been reviewed and is recommended for approval: Project Name: Bressi Ranch, Lot 14 Project No.: CUP 05-28 Document No.: Dwg. 444-9A Sheets No.: _l Through: _9^ DECLARATION OF RESPONSIBLE CHARGE I hereby declare that I have exercised responsible charge over the review of this project as defined in Section 6703 of the Business and Professions Code and have found the project to be in substantial compliance with applicable codes and standards. Review of this project does not relieve the Land Surveyor or Engineer of Work of their responsibilities with state and local ordinances. Signed Charles R. St. John, RCE C57645" Expiration Date 12/31/07 Date ^^-o•7 H:\Public Works\082 Carlsbad\620821 Carlsbad Dev Review\85, Bressi Ranch Lot 14\444-9APROJECT REVIEW COMPLETION.doc 9275 Sky Park Court, Suite 200 • San Diego, California 92123 • Telephone: 858.874.1810 • Fax: 858.514.1001 • www.pbsj.com PROJECT PLAN REVIEW COMPLETION The following project plans have been reviewed and are recommended for approval: Project Name: 'i<^hn/no^o Prope^i.. Project Nor. t Drawing No: j^33~3A Sheets No. f through tL -DECLARATION-OF RESPONSIBLE CHARGE I hereby declare that I have exe.'-cised responsible charge over the plan review of this project as defined in Section 6703 of the Business and Professions Code to determine that the plans are found to be In substantial compliance with applicable codes and standards. Plan review of these project drawings does not relieve the Engineer of Work of the responsibilities for the project design. (seal) Firm: Bern/man & Henioar Address: 11590 W. Bernardo Court. Suite 100 San Dieoo. CA 92'f27 Telephone: 451-6100 Bv: GU-^ Pgi^Li Date: tA^'-cA too ^ P.E. (Civil) No: "33 ^21- Expiration: C>/io/zooC Rev. 2/8/9S F:\US£rlSV^AU.E\WPDATA\PLANHEV.8iH se %p % SECURITY AND ^Wc...^^^Nc AGREEMENT CARLSBAD ' DATA SHEET E-18 Develaoment Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov THIS SECTION TO BE COMPLETED BY CITY PERSONNEL Project Name: Project Engineer: Project ID:_ _Plancheck Engineer:. Please complete this form (attach additional pages if necessary) and return in the next plancheck. For assistance, call Donna at 760-602-2779. Electronic form location: www.carlsbadca.aov/development-forms. <tf6»c»«vn^«- . Phone: "7'H S3W'<3a.rf~ Developer: *>'^>A^>«A i-vca-r* Developer's Address: 3c^o <'%*JL«^,>vlW gr? co&po <vvgg<0 c:^ "ya^Xfe Legal Owner of Property (if other than Developer):_ Owner's Address: niHO tSg^N^'^oo <=^g'Nr>sE<, o^t'^ Phone: 8^ feSl-teoo Name of person who will pick up docunnents: ; Phone: TM H'SH-M^^S' Email Name of payor of cash deposit: Payor's (check one and provide number): • Taxpayer ID O SSN Payor's relationship to developer or owner: Form of Security: QCash QSurety Bond (dty provides documents) QLetter of Credit (city provides format) Monumentation Estimate: QNO 5YES If yes, provide Letter of iWonumentation estimate. Developer (check one type of legal entity below): Oindividual QCorporation (Incorporated in State of BPartnership QLimited Liability Company (LLC) (State of_ •iWultiple entities (provide relationship): Name of Managing Member .) Owner (check one type of legal entity below): Olndividual QCorporation (incorporated in State of •Partnership QLimited Liability Company (LLC) (State of_ QMulUple entities (provide relationship): Name of Managing Member Signature Authorization for Secured Agreements: Name & Title of Signatory: Name & Title of Signatory:. Signature Requirements for Secured Agreements: Corporation: One signature fnsm EACH group. Group 1: chainnan, president, vice president. Group 2: corporate secretary, assistant corporate secretary, CFO, assistant treasurer. Conaoration with a sinqle sionatorv: Provide documentation as described below (in "LLC or Partnership"). LLC or Partnership: Attach official document (e.g., corporate resolution, operating agreement) identifvina the signatory bv name and title and veri^ng this person has sole authoritv to leqallv bind the entity. Provide documentation for all related entities involved in this venture. Fonn completed by: Signature Print Name and Title Phone Date E-18 Doc ER-99-03 REV 4/30/10 4> status of Bonds and Agreements Date: To: From: Project Number: Project Name: General May 1, 2006 (effective 3/13/06) Frank Jimeno, Project Engineer Donna Harvey, Associate Analyst CT 04-01 YAMAMOTO ^ Park in lieu fee paid/|bonded| (circle one) M Petition for Inclusion of Territory to City Street Lighting and Landscape District S Hold Harmless - drainage ^ Hold Harmless - geologic Improvement Plan Drawing No. DWG 433-3 Final fees paid Security posted and accepted Grading Plan Drawing No. DWG 433-3A ^ Final fees paid K Cash security (erosion control) Final/Parcel Map FM 04-01 K Final fees paid ^ Security posted and accepted • Desiltation basin maintenance agreement Monumentation bonded ^ Subdivision improvement agreement D Minor subdivision improvement agreement O Development Improvement agreement Grading/erosion control agreement Grading Permit: GR 05-64 Duplicate tracing fees paid Miscellaneous • • • C: Inspection ( M email digital copy to Inspection & Project Engineer) in lieu of receiving copies of Bonds & Agreements after initialization c: File l7 city of Garlsbad Engineering Department Secured Agreement infermaiien Sheet Project ID: CT 04-01 Project Name: YAMAMOTO Agreement: SEC06029 Drawing No: FM040001 Work Covered: PARK IN LIEU Park-ln-Lleu Fee Agreement Completion Date: Date: 05/01/2006 Security Type Eff Date Bond# Sec Orig Amt Type n^f^ic in U^M PL 661116438 $38,976.00 Surety Company LINCOLN GENERAL INSURANCE CO Developer BLACK RAIL, LLC 701 B ST SAN DIEGO CA 92101' 11828 RANCHO BERNARDO RD SAN DIEGO CA 92101 Owner YAMAMOTO ADOLFINA C TRUST 03-22-02 cc: File Engineering Inspection 1201 VIA LA JOLLA SAN CLEMENTE CA 92672 rptSECAGMT_lnfoSheet citv of Garlsbad Engineering Department Secured Agreement Information Sheet Project ID: CR 04-01 Project Name: YAMAMOTO Agreement: SEC06028 Drawing No: DWG4333 Date: 05/01/2006 Subdivision Improvement Agreement Completion Date: 04/10/2007 Work Covered: ST, WATER, SEWER, STORM DRAIN Security Type Eff Date Bond# Orig Amt Sec Type Monumentation Security Labor and Materials Security Faitliful Performance Security MON 661116436 LM 661116437 '3/IS/(X> FP 661116437 $8,700.00 $239,800.00 $479,600.00 7^ Surety Company LINCOLN GENERAL INSURANCE CO STE 2100 701 B ST SAN DIEGO CA 92101 Developer BLACK RAIL, LLC 11828 RANCHO BERNARDO RD SAN DIEGO CA 92101 Owner YAMAMOTO ADOLFINA C TRUST 03-22-02 cc: Fiie Engineering Inspection rptSECAGMT_lnfoSheet 1201 VIA LA JOLLA SAN CLEMENTE CA 92672 CNV of Garlsbad Engineering Department Secured Agreement Information Sheet Project ID: CT 04-01 Project Name: YAMAMOTO Date: 05/01/2006 Agreement: SEC06027 Drawing No: DWG4333A Grading and Erosion Control Agreement Completion Date: Work Covered: GRADING AND EROSION CONTROL Security Type Eff Date Bond# Orig Amt Sec Type Grading Cash Deposit Grading Security Cash GR 661116435 3//3/o(o CASH RECPT R0055915 $790,000.00 $39,000.00 Surety Company LINCOLN GENERAL INSURANCE CO STE 2100 701 B ST SAN DIEGO CA 92101 Developer BLACK RAIL, LLC 11828 RANCHO BERNARDO RD SAN DIEGO CA 92101 Owner YAMAMOTO ADOLFINA C TRUST 03-22-02 cc: File Engineering Inspection 1201 VIA LA JOLLA SAN CLEMENTE CA 92672 rptSECAGMTJnfoSheet Project ID: CT 04-01 0CUMENT PREPARATION REQU^ Project Name: Yamamoto Project Engineer: Date Request Given to Project Engineer Developer: Black Rail LLC Fra:nk Jimeno Plancheck Enqineer: Glen Parks / B&H 10-5-05 Request to Update Fees Attached: |^^ Type of Legal Entity: Delaware Limited Liabilitv Company Address: 11828 Rancho Bernardo Rd. #210 San Dieqo CA 92128 Contact Name of person picking up documents: ^stty^irt^ Phone Number: (858) 675-6400 x: 1^ GRADING & EROSION CONTROL AGREEMENT ~>^'7^^//e AcCi^//c^^-^l<^ COASTAL ZONE: j^Yes nNo Grading DWG No.: 433ir-3A Project Location: Black Rail south of Poinsettia Offsite Location: none Taxpayer ID No. Grading Permit No.:, 20-3005726 Total Amount of Security: $829.g00 S>Z.7.<^^^ • Letter of Credit (special handling) ? Total Amount of Security Posted as Cash: $ge;e80- S^.O^^ Amount of Security Other than Cash: $8^^9e '^^0/0^(0' Security Form Other than Cash: Surety Bond ^ IMPROVEMENTS Improvement DWG No.: 433-3 Type of Agreement: O Development Improvement Agreement O Subdivision Improvement Agreement w/o MON D Minor Sub. Improvement Agreement ^ Subdivision Improvement Agreement w/ MON ^ D Traffic Signal Improvement Agreement O NIA Required? -pnal Approving Document (specify Doc.type & Reso.No.): Reso 5828 - 5832 Approval Date: 2-5-05 tbtbl Cost of Improvements: $479.600 Tot^l Cost of Monumentation: $8.700 Description of Improvements: street, water, sewer and strom drain Construction Deadline Date: 6 rtifls. Form of Security: I3 Surety Bbnd Taxpayer ID No.: 20-3005726 • Letter of Credit (special handling) • Cash Faithful Performance / Warrantv: (100%) $ 479,600 S Surety Bond • Letter of Credit (special handling) Labor And Materials: (50%) $ 239,800 S Surety Bond • Letter of Credit (special handling) • Cash Security • Cash Security RECEIVED OCT Amount of Fee: $38,976 Subdivision Monumentation: (100%) $ 8,700 13 Surety Bond • Letter of Credit (special handling) • Cash Security PARK-IN-LIEU • (if needed) Amount of Land Required: .144 acres Security Form: Kl Surety Bond • Letter of Credit (special handling) 1XH0LD HARMLESS AGREEMENT "Q^^Drainage ^Geological Failure APN:. Legal Description: see attached ?no5 ENGiNEERiNG 215-040-05 Owner (if not developer): ] PETITION FOR INCLUSION (Street Lighting & Landscaping District) APN 215-040-05 • Street trees proposed in the right-of-way? (e.g. livable streets) ^ ] SIGNATURES (if known) T/^^S-Thc, /^c v C^^PTT^/^ ' ^(Corporate Resolution Required^ T) i? / / / // Corporation: Name l^^//y 'P Bu/'-r' Title C///t'f /^^^r^A'l^ ^W?^^^ Name Title Q Partnership: Partnership papers required. (General Partner needs to sign.) LLC: Official paper listing the individual as a Member of the LLC with sole authority to bind the organization. «Eagte\bSs\CARLSBAD\Projects\16296\16296.94\Documents\DOCUMENT PREPARATION REQUES.doc 9-26/03 ^ 1 ^-^ Engineering Department REQUEST TO UPDATE PARCEL/FINAL MAP FEES Date: Qcf {%2tOS To: DONNA HARVEY From: GU^ Pa As HII Project Plancliecker Project* CT -O'i-nf PM/FM O^Z-O I Project Name: Va/*i ^ >^ o-f D Parcel/Final Map Fees Duplicate Tracing Fees d of Sheets Y Park-in-Lleu: (Only if applicant does not bond for park-in-lieu) Park Area Total $ Master Drainage Fees: PLDA D Acres High Runoff Low Runoff ^ ^ '^^Q^.C^ Additional Plancheck Fees $_ Comments: C:\DOCUME-1\york\LOCALS-1\Temp\footemp\REQUEST TO UPDATE PARCEL-Fl.doo 12-16-02 Engineering Department REQUEST TO UPDATE IMPROVEMENT PLANCHECK FEES Date: To: DONNA HARVEY From: (^U\ P^^^J ^Bill ^ Project Planchecker Project # CT OH—OI DWG No. V^^~3 Project Name: Improvement Plancliecli Fees Valuation (Improvements, sewer & water) $ H 1 ^^ ^ QO Street Light Energizing (oniy for public lights) $ ^ 3 Z Additional Plancheck Fees $ Comments: (Do not duplicate information below IF already covered under SWPPP/SWMP fees Sec ^f^Kd'AOt # of single-fanmly detadied lots/units .# of multi-fannily/mobilehome lots/units .# of commercial/industrial lots/units grading permif) H:/Development Services/Masters/Applications-Counter/Request to Update Improvement Plancheck Fees 12-16-02 7 / Engineering Department REQUEST TO UPDATE GRADING PLANCHECK FEES Date: To: DONNA HARVEY From: (^/^^ ?^ gftf ^ Project Planchecker Project # CT 0^-01 DWG No. ^"^^ ~^ Project Name: Final Grading Quantities Cut ^7^y^ Fill , Import _ cv Waste _IS11±J^ SWPPP/SWMP fees /(^ # of single-family detached lots/units # of multi-family/mobilehome lots/units # of commercial/industrial lots/units Remedia I S^S'oo cy Cubic Yards to Calculate Fee S3 §76 Grading & Erosion Control Cash Deposit$. Additional Grading Plancheck Fees $ Comments: ^••7 1/ C:\DOCUME-1\york\LOCALS-1\Temp\fcctemp\REQUESTTO UPDATE GRADING P.doc Page 1 of 1 Prepared By: MLB Engineering 404 South Live Oak Park Road Poinsettia Ridge 760-731 -6603 Construction Cost Worksheet Grading Plan 433-3B Fallbrook OA 92028 DATE: 3/30/2010 -CY. a: Balanced (excavate and fill) $ 11.50 $ - 800 C.Y. b: Export (excavate and export) $ 22.00 $ 17,600.00 $ $ - 1,160 S.F. Retaining Wall Type 5 (C-5) $ 28.00 $ 32,480.00 $ $ - Sub-Total Grading $ 50,080.00 $ $ - 410 S.F. P.C.C Drivevi^ay Apron $ 7.00 $ 2,870.00 750 S.F. Driveway Interlocking Pavers $ 10.00 $ 7,500.00 22 Each 6" PVC Inlet $ 50.00 $ 1,100.00 12 L.F. 4" PVC Pipe $ 12.00 $ 144.00 2,700 LF Silt Fence $ $ - $ $ $ $ - Sub-Total Misc $ 11,614.00 Erosion Control 400 Each Gravel Bags $ 1.10 $ 440.00 2,700 L.F. Silt Fence $ 1.60 $ 4,320.00 $ $ - $ $ - 6 Each Gravel Bag Check Dams $ 100.00 $ 600.00 Sub-Total E.C. $ 5,360.00 SubTotal: $ 67,054.00 15% Contingency 10,058.10 Total; $ 77,112.10 Bond Amount $ 77,000.00 Page 1 of 1 Prepared By: MLB Engineering 404 South Live Oak Park Road Poinsettia Ridge 760-731-6603 Construction Cost Worksheet Grading Plan Fallbrook CA 92028 DATE: 3/30/2010 -C.Y. a: Balanced (excavate and fill) $ 11.50 $ - 800 C.Y. b: Export (excavate and export) $ 22.00 $ 17,600.00 $ $ 1,160 S.F. Retaining Wall Type 5 (C-5) $ 28.00 $ 32,480.00 $ $ - Sub-Total Grading $ 50,080.00 $ $ - 410 S.F. P.C.C Driveway Apron $ 7.00 $ 2,870.00 750 S.F. Driveway Interlocking Pavers $ 10.00 $ 7,500.00 22 Each 6" PVC Inlet $ 50.00 $ 1,100.00 12 L.F. 4" PVC Pipe $ 12.00 $ 144.00 2,700 LF Silt Fence $ $ - $ $ $ $ - Sub-Total Misc $ 11,614.00 Erosion Control 400 Each Gravel Bags $ 1.10 $ 440.00 2,700 L.F. Silt Fence $ 1.60 $ 1,520.00 $ $ - $ $ - 6 Each Gravel Bag Check Dams $ 100.00 $ 600.00 Sub-Total E.C. $ 2,560.00 SubTotal: $ 64,254.00 15% Contingency 9,638.10 Total: $ 73,892.10 Bond Amount $ 74,000.00 4i Page 1 of 1 Prepared By: MLB Engineering 404 South Live Oak Park Road Fallbrook CA 92028 Poinsettia Ridge 760-731-6603 Construction Cost Worksheet Grading Plan DATE: 3/30/2010 „ ...^ ......1..^ ••••• -C.Y. a: Balanced (excavate and fill) $ 11.50 $ 800 C.Y. b: Export (excavate and export) $ 22.00 $ 17,600.00 $ $ 1,160 S.F. Retaining Wall Type 5 (C-5) $ 28.00 $ 32,480.00 $ $ Sub-Total Grading $ 50,080.00 $ $ 410 S.F. P.C.C Driveway Apron $ 7.00 $ 2,870.00 5,635 S.F. P.C.C. Driveway $ 7.00 $ 39,445.00 22 Each 6" PVC Inlet $ 50.00 $ 1,100.00 12 L.F. 4" PVC Pipe $ 12.00 $ 144.00 $ $ $ $ $ $ Sub-Total Misc $ 43,559.00 SubTotal: $ 93,639.00 15% Contingency 14,045.85 Total: $ 107,684.85 Bond Amount $ 108,000.00 C3 SEC06028 CITY OF CARLSBAD SUBDIVISION IMPROVEMENT AGREEMENT DEADLINE EXTENSION DATE OF THIS EXTENSION AGREEMENT: i-~7^Q^ AU^tl DATE OF ORIGINAL IMPROVEMENT AGREEMENT: 3/13/06 NAME OF SUBDIVER: Black Rail, LLC, a Delaware limited liability company (referred to as "SUBDIVIDER") NAME OF DEVELOPMENT/SUBDIVISION: Yamamoto IMPROVEMENT DRAWING NO: DWG 433-3 ESTIMATED TOTAL COST OF IMPROVEMENTS: $479,600 ESTIMATED TOTAL COST OF MONUMENTATION: $8,700 SURETY/FINANCIAL INSTITUTION: Lincoln General Insurance Company ADDRESS OF SURETY INSTITUTION: 701 B St.. Ste 2100 / San Diego. CA 92101 SECURITY FORM: Surety Bond SURETY ID NO(S): 66116437 This agreement to extend the deadline ofthe above referenced improvement agreement is made and entered into by and between the City of Carlsbad, a Municipal Corporation of the State of California, hereinafter referred to as City, and the Developer/Subdivider. RECITALS WHEREAS, Developer/Subdivider has entered into an improvement agreement with City to install and complete, at Developer's/Subdivider's own expense, all the public improvement work required by City relating to approval and issuance of discretionary and ministerial entitlement(s); and WHEREAS, Developer/Subdivider desires an extension of time to complete and install the improvements listed below and good cause has been demonstrated; NOW, THEREFORE, it is hereby agreed by City and Developer/Subdivider as follows: 1 KAINSPECTORS\STANKAVICH\Agreement Extensions 11 -2007\CT 04-01 SEC06028 - agreement extension .doc 1. That the existing deadline dates for said improvement agreement are hereby extended as follows: IMPROVEMENT NEW DEADLINE DATE Street, water, sewer and storm drain November 30, 2008 2. That the originally approved improvement plans will be submitted by the Developer/Subdivider to the City Engineer for review and updating to current standards. All fees associated with the review shall be paid by Developer/Subdivider. Developer/Subdivider shall install the improvements as specified in the updated plans. 3. At the time of review in Item 2, the City Engineer will determine the need for any increase in improvement securities to reflect current construction costs. The Developer/Subdivider shall provide City with new securities at Developer's/Subdivider's cost as directed and in the amount and form approved by City. /// /// /// /// /// /// /// /// /// /// /// 2 C:\D0CUME-1\DHARVE-1 .CAR\L0CALS-1\Temp\XPgrpwise\CT 04-01 SEC06028 - agreement extension .doc . All other terms and conditions of said improvement agreement shall remain the same. Executed by Subdivider this 7"^ day of rTavMi-tXHj 20 SUBDIVIDER: Black Rail, LLC, a Delaware limited liability Co Name of Developer/Subdivider CITY OF CARLSBAD, a municipal corporation of the State of California By: TRES-DAC, a California corporation, its me By: ^— (sign hefe) D. Barf hnt name here) (titte^nd organization of signatory) By: UL "pi (sign here) int name here) gf- tt-e^ X>^ou^, Inc. (title arfd organization of signatory) LISA HILDABRAND Acting City Manager By: . ^,f_GLENN PRUIM, P.E. Public Works Director Proper notarial acknowledgment of execution by contractor must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-President **Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney BV: MJLQ^ Deputy City A^or orney K:\iNSPECTORS\STANKAVICHftAgreement Extensions 11-2007\CT 04-01 SEC06028 - agreement extension .doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF On ^^ftJMiaXq ^,9)00S , before me. ^^n QliS^eil . Notarv Public, personally appeared_ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. I Signature LYNNCHISNELL COMM. #1723616 Q tfOIARYPUBLIC-CAUFORNM • SAN DIEGO COlWrV P My Commission ExpiiM 7 FEBRUARY 4.2011 g (Seal) Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER INDIVIDUAL CORPORATE OFFICER TITLE DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT I I PARTNERS ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: (NAME OF PERSON OR ENTITY) LIMITED GENERAL 3 NUMBER OF PAGES DATE OF DOCUMENT CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of Califomia Countyof S>ar\ Ditrgo On Jon 'Z-OOti before me, B: [y^ ^ (Here inseh name and title ofrf officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(fr) whose name(9-) is/strtrsubscribed to the within instrument and acknowledged to me that hc/sho/thoy executed the same in hisAior/their authorized capacity^ies), and that by his/hcr/their signature's) on the instrument the person(*)i or the entity upon behalf of which the person's)-acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of CaUfomia that the foregoing paragraph is tme and correct. WITNESS my hand and official seal, BRVONNY VAN CAMP ' [ COMM. #1723595 z Notary Public • Calitornia g San Diego County -* My (^mm. Expires Feb. <• 2011 [ (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) \W\b • Mttr-erYVjDVtl bggudLM£ "fed" ' (Title ir'description of attached document continued) Number of Pages 2^ Document Date ^| 7 (Additional infonnation) CAPACITY CLAIMED BY THE SIGNER • Individual (s) ^ Corporate Officer (Title) Partner(s) Attomey-in-Fact Trustee(s) Other • • • • INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of Califomia. In such instances, any altemative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in Califomia (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and Coimty information must be the State and Coimty where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary pubhc). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/thoy, is /«e) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufScient area permits, otherwise complete a different acknowledgment form. • Signature ofthe notary public must match the signature on file with the office of the county clerk. • Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. • Indicate title or type of attached docimient, number of pages and date. • Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA vl2.10.07 800-873-9865 www.NotaryClasses.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A SUBDIVISION MONUMENTAK^ BOND 661116436 ^ CTo^oi ^ OGO^ NAME OF SUBDIVIDER: Black Rail, LLC, a Delaware limited liability company DATE OF AGREEMENT: TITLE OF AGREEMENT: Subdivision Improvement Agreement with Monumentation NAME OF SUBDIVISION: Yamamoto NAME OF SURETY: I-INCGLN GENERAL INSURANCE C(MffANY ADDRESS: * STREET SUITE 2100 SAN DIEGO, CA 92101 AMOUNT OF SECURITY: $ 8,700 SECURITY ID NUMBER: tfU\\\L>4?iL EFFECTIVE DATE: 2-08-06 PREMIUM: $268.00 WHEREAS, the City of Carlsbad, State of California, hereinafter referred to as CITY, and the SUBDIVIDER named on Line 1 of Page 1 hereof, hereinafter referred to as SUBDIVIDER, have entered into an agreement whereby SUBDIVIDER agrees to install and complete certain designated public improvements, which said agreement, dated as shown on Line 2 of Page 1 hereof, and entitled as shown on Line 3 of Page 1 hereof, for public improvements and subdivision monumentation appurtenant to the Subdivision named on Line 4 of Page 1 hereof, is hereby referred to and made a part hereof; and WHEREAS, said SUBDIVIDER is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement; and WHEREAS, the certificate of the engineer or surveyor on the subdivision map of said Subdivision provides that the monuments will be set on or before a specified later date; and WHEREAS, the Subdivision Map Act of the State of California, Section 66496 of the Government Code, requires said SUBDIVIDER to provide good and sufficient bond guaranteeing payment of the cost of setting the monuments. NOW, THEREFORE, WE, the SUBDIVIDER and the Surety named on Line 5 of Page 1 hereof, hereinafter referred to as SURETY, are held and firmly bound unto CITY in the penal sum of the amount stated on Line 7 of Page 1 hereof, lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severely, firmly by these presents. H:/Development Services/Masters/Bonds & Agreements/Subdivision Monumentation Bond 1 6/25/97 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LABOR AND MATERIALS SmO ^^ND NO: 661116437 cfoiioi j6ec oCojK? NAME OF DEVELOPER/SUBDIVIDER: Black Rail LLC, a Delaware limited liability company DATE OF AGREEMENT: 3^/ "^/e^C^ • TITLE OF AGREEMENT: Subdivision Improvement Agreement with Monumentation NAME OF DEVELOPMENT/SUBDIVISION: Yamamoto NAME OF SURETY: LINCOLN GENERAL INSURANCE COMPANY ADDRESS: 701 B STREET SUITE 2100 SAN DIEGO. CA 92101 AMOUNT OF SECURITY: $ 239.800 SECURITY ID NUMBER: /// U4?i 7 EFFECTIVE DATE: 2-08-06 PREMIUM INCLUDED IN THE PERFORMANCE BOND WHEREAS, the City of Carlsbad, State of California, hereinafter referred to as "CITY", and the DEVELOPER/SUBDIVIDER named on line 1 of page 1, hereinafter referred to as "PRINCIPAL", have entered into an agreement whereby PRINCIPAL agrees to install and complete certain designated public improvements, which said agreement, dated as shown on line 2 of page 1 and entitled as shown on line 3 of page 1, for public improvements appurtenant to the development named on line 4 of page 1, is hereby referred to and made a part hereof; and, WHEREAS, under the terms of said agreement, PRINCIPAL is required before entering upon the performance of the work, to file a good and sufficient payment bond with the CITY to secure the claims to which reference is made in Title 15 (commencing with § 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW, THEREFORE, PRINCIPAL and the undersigned as corporate surety, hereinafter referred to as SURETY, are held firmly bound unto the CITY and all contractors, subcontractors, laborers, material suppliers and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code in the sum of the amount stated on line 7 of page 1, for materials furnished or labor thereon of any kind,''or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that SURETY will pay the same in an amount not exceeding the amount set forth above, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by GITY in successfully enforcing such 02/04/97 H:/Development Services/Masters/Bonds & Agreements/Labor and Materials Bond 1 gH BOND NO: 6610.6437 =AITHFUL PERFORMANCE WARR/lff-Y BOND ^ CT 04-01 ^ec^ 0(^0 2.S 1 NAME OF DEVELOPER/SUBDIVIDER: Black Rail. LLC, a Delaware limited liability company 2 DATE OF AGREEMENT: ^// Cp 2 TITLE OF AGREEMENT: Subdivision Improvement Agreement with Monumentation NAME OF DEVELOPMENT/SUBDIVISION: Yamamoto 28 NAME OF SURETY: LINCOLN GENERAL INSURANCE COMPANY ADDRESS: 701 B STREET SUITE 2100 SAN DIEGO, CA 92101 SECURITY AMOUNT: $479,600 SECURITY ID NO.: 66 lil^'^^"? EFFECTIVE DATE: 2-O8-O6 8 PREMIUM: $10,192.00 9 WHEREAS, the City of Carlsbad, State of California, hereinafter referred to as "CITY", and the Developer/Subdivider named on Line 1 of Page 1, hereinafter referred to as "PRINCIPAL", have entered into an agreement whereby PRINCIPAL agrees to install and ^2 complete certain designated public improvements, which said agreement, dated as shown on Line 2 of Page 1 and entitled as shown on Line 3 of Page 1, for public improvements appurtenant "•4 to the DEVELOPMENT/SUBDIVISION named on Line 4 of Page 1, is hereby referred to and ^ ^ made a part hereof; and, WHEREAS, PRINCIPAL is required under the terms of said agreement to furnish bonds ^ ^ for the faithful performance and warranty of said agreement. "18 NOW, THEREFORE, WE, the PRINCIPAL and the SURETY named on Line 5 of Page 1, hereinafter referred to as 'SURETY', are held and firmly bound unto CITY in the penal sum of 2° the amount stated on Line 7 of Page 1, lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, successors, executors and 22 administrators, jointly and severally, firmly by these presents. 23 The condition of this obligation is such that if the above bounded PRINCIPAL, their heirs, 24 executors, administrators, successors, or assigns, shall in all things stand to and abide by, and 25 well and truly keep and perform the covenants, conditions and provisions in the said agreement 26 and any alteration thereof made as therein provided, on their part, to be kept and performed at 2^^ the time and in the manner therein specified, and in all respects according to their true intent and 1 H.VDevelopment Services/Mastars/Bonds & Agreements/Faithful Performance Warranty Bond REV. 02/04/97 11 /1 c SUBDIVISION IMPROVEMENT WITH MONUMENTATION CT 04-01 AGREEMENT ^^CL O ^ ^ DATE OF AGREEMENT: 3// NAME OF SUBDIVIDER: Black Rail, LLC, a Delaware limited liability company (referred to as "SUBDIVIDER") NAME OF SUBDIVISION: Yamamoto (referred to as "SUBDIVISION") TENTATIVE MAP RESOLUTION AND DATE OF APPROVAL: Reso 5828-5832. February 5, 2005 (referred to as "Resolution of Approval") IMPROVEMENT PLAN NO(S).: DWG433-3 (referred to as "Improvement Plans") ESTIMATED TOTAL COST OF IMPROVEMENTS: $479,600 ESTIMATED TOTAL COST OF MONUMENTATION: $8,700 SURETY/FINANCIAL INSTITUTION: L\^co\n f.^^^r^l X^s^r-^^^ (l^>v^p. ADDRESS: & S4-r>»e4-_ 5uxW-e,loo ^a^-pT^^r '^Z-iO j FORM OF SECURITY: Surety Bond SECURITY ID NOS.: 6/^//l6^ 2>7 This agreement is made and entered into by and between the City of Carlsbad, California, a Municipal Corporation of the State of California, hereinafter referred to as CITY, and the SUBDIVIDER. RECITALS A. Subdivider has presented to City for approval and recordation, a final subdivision map of a proposed subdivision pursuant to provisions of the Subdivision Map Act of the State of Caiifornia and City's ordinances and regulations relating to the filing, approval and recordation of subdivision maps. The Subdivision Map Act and the City's ordinances and regulations relating to the filing, approval and recordation of subdivision maps are collectively referred to in this agreement as the "Subdivision Laws". B. A tentative map of the Subdivision has been approved. The Resolution of Approval is on file in the Office of the City Clerk or the Secretary to the Planning Commission and is hereby incorporated into this agreement by reference. C. The Subdivision Laws establish as a condition precedent to the approval of a final subdivision map that Subdivider must have complied with the Resolution of Approval and must have either (a) completed, in compliance with City Standards, all of the improvements and land development work required by the Subdivision Laws or the Resolution of Approval or, (b) have entered into a secured agreement with City to complete the construction and installation of improvements and land development within a period of time specified by City. D. In consideration of approval of a final subdivision map for the Subdivision by the Planning Commission or City Council (hereinafter referred to as "Legislative Body"), Subdivider desires to enter into this agreement, whereby Subdivider promises to install and complete at Subdivider's own expense, all the public improvement work required by City in connection with 1 H:/Development Serivoes/Masters/Bonds & Agreements/Subdivision Improvement Agreement City Attorney Approved Version 12/10/03 ^ GRADING AND EROSION CONT^fc. BOND 3^CC>^0'^l (COASTAL ZONE) CT 04-01 1 NAME OF APPLICANT: Black Rail, LLC, a Delaware limited liability company (referred to as "Applicant") DATE OF AGREEMENT: 3// ^/^fc? 5 NAME OF DEVELOPMENT: Yamamoto 4 (referred to as "Development") NAME OF SURETY: LINCOLN GENERAL INSURANCE COMPANY (referred to as "Surety") 6 ADDRESS: 701 B STREET SUITE 2100 SAN DIEGO. CA 92101 7 AMOUNT OF SECURITY BOND: $ 790,000 EFFECTIVE DATE: 2-08-06 8 BOND NUMBER: 661116435 9 PREMIUM: $14.950.00 . 10 WHEREAS, the City of Carlsbad, State of California, hereinafter referred to as "City", and 11 Applicant named on Line 1 of Page 1, hereinafter referred to as "PRINCIPAL", have entered ijito 12 an agreement entitled Grading and Erosion Control Agreement, dated as shown on Line 2 of 13 Page 1 and incorporated by reference, whereby PRINCIPAL agrees to complete certain 14 designated grading and erosion control work; and, 15 WHEREAS, said PRINCIPAL is required under the terms of said Grading and Erosion 16 Control Agreement and Chapter 11.06 of the Carlsbad Municipal Code to furnish a bond for the 17 faithful performance and guarantee of work under said agreement; 18 NOW, THEREFORE, we the PRINCIPAL and the Surety named on Line 4 of Page 1, 19 hereinafter referred t as "SURETY", are held and firmly bound unto City in the penal sum of the 20 amount stated on Line 6 of Page 1, lawful money of the United States, for payment of which 21 sum, well and truly to be made, we bind ourselves, our heirs, successors, executors and 22 administrators, jointly and severally, firmly by these presents. 23 The condition of this obligation is such that if the above bounded PRINCIPAL, their heirs, 24 executors, administrators, successors or assigns, shall in all things stand to and abide by, and 25 well and truly keep and perform the covenants, conditions and provisions, in the Grading and 26 Erosion Control Agreement and Chapter 11.06, and any alteration thereof made as therein 27 provided, on their part, to be kept and performed at the time and in the manner therein specified, 28 1 H:/Development Servioes/Masters/Bonds & Agreements/Grading and Erosion Control Bond (Coastal Zone) REV 2/4/97 _ ., ^ GRADING AND EROSION CONTROL AGREEMENT 5ECC)(^yO^'7 (COASTAL ZONE) CT 04-01 NAME OF APPLICANT: Black Rail, LLC, a Delaware limited liability company (referred to as "Applicant") DATE OF AGREEMENT: "3// 3 /£> C0 GRADING PERMIT NO.: Qfi^ C)5—(o^ (referred to as "Grading Permit") LOCATION: Black Rail south of Poinsettia (referred to as "Grading Site") OFFSITE LOCATION (IF ANY): N/A (referred to as "Offsite Grading Location") NAME OF DEVELOPMENT: Yamamoto (referred to as "Development") GRADING PLAN NUMBER: DWG 433-3A (referred to as "Grading Plans") SURETY/FINANCIAL INSTITUTION: L\^c^\^ Cr^-^^ra\ Xr^-^s.^r^^^t Co^pav^y^ ADDRESS: TOf B S-t-rg^g,'Su.'iVg ^>00 Sa.^-'Pr.g.'g^ C(\ '\2^\0\ TOTAL AMOUNT OF SECURITY: $829,000 TAXPAYER I.D. NO: 20-3005726 AMOUNT OF SECURITY POSTED AS CASH DEPOSIT: $39,000 RECEIPT NO. /ZOOSS^ I^ AMOUNT OF SECURITY POSTED OTHER THAN CASH: $790,000 SECURITY FORM FOR AMOUNT OTHER THAN CASH: Surety Bond (Surety Bond, Letter of Credit) This agreement is made and entered into by and between the City of Carlsbad, California, a Municipal Corporation of the State of California, hereinafter referred to as City, and the Applicant. RECITALS A. The Applicant has applied or will apply for a Grading Permit, pursuant to Chapter 11.06 of the Carlsbad Municipal Code (hereinafter referred to as "Code"), to perform grading work including excavation, fill, installation of drainage facilities, instaiiation of desiltation/retention basins, landscaping, erosion control or any combination thereof and storm damage protection, within the City of Garlsbad, State of California, more specifically described in the application for Grading Permit referred to above and incorporated by reference herein. B. Complete Grading Plans and specifications for the grading work to be performed under the Grading Permit, incorporated by reference herein, have been prepared by or at the request of the Applicant, approved by the City Engineer, and filed in the office of the City Engineer. 1 H;\Developm6nt Services\Bonds & Agreements\Gradinq and Erosion Control Agreement (Coastal Zone) REV, 02/04/97 LJ Page 1 of 2 Prepared By: MLB Engineering 600 S. Andreasen Drive, Suite E Escondklo, CA 92029 760 741-3577 Yamamoto Sub. CT 04-01 Construction Cost Worksheet Grading & Erosion Control Plan DATE: DECEIVED SEP 26 2005 9/20/2005 14,076 C.Y. a: Balanced (excavate and fill) $ 11.50 $ 161,874.00 19,800 C.Y. b:Export (excavate and export) $ 22.00 $ 435,600.00 $ $ $ $ $ $ 3,606 S.F. Retaining Wall Type 5 (C-5) $ 28.00 $ 100,968.00 $ $ 400 Each Gravel Bags $ 1.10 $ 440.00 950 LF. Silt Fence $ 1.60 $ 1,520.00 3 Each Stabilized Const. Entrance $ 2,625.00 $ 7,875.00 $ $ 760 L.F. Fiber Rolls $ 2.25 $ 1,710.00 500 LF. D-75 Gunite Ditch $ 15.00 $ 7,500.00 -CY Rip-Rap (1251b Class) $ 150.00 $ $ $ $ $ $ $ 6 Each Gravel Bag Check Dams $ 100.00 $ 600.00 $ $ $ $ $ $ $ $ $ $ $ $ $ $ SubTotal: $ 718,087.00 15% Contingency 107,713.05 Total: $ 825,800.05 Bond Amount $ 826,000.00 m o z o UJ z o z < Q. Page 2 of 2 Prepared By: MLB Engineering Professional Civil Engineer & Land Surveyor 600 S. Andreasen Drive, Suite E Escondklo, CA 92029 760 741-3577 Yamamoto Sub. CT 04-01 Construction Cost Worksheet Improvement Plans DATE: RECEIVED SEP 26 2005 ENGINEERING DEPARTMENT 9/20/2005 20,700 S.F. A.C. Pavement (4" Thickness) $ 1.75 $ 36,225.00 25,650 S.F. Treated Base ( 6" Thickness) $ 1.05 $ 26,932.50 25,650 S.F. Preparation of Sub-Grade $ 0.50 $ 12,825.00 9,750 S.F. P.C.C. Sidewalk (G-7) $ 4.00 $ 39,000.00 1,650 LF. 6" P.C.C Curia and Gutter (Type G-2) $ 20.00 $ 33,000.00 -LF. 6" AC Dike (Type A) $ 8.20 $ - 5 Each Pedestrian Ramp (G-27) $ 1,400.00 $ 7,000.00 3,200 S.F. P.C.C Driveway Apron $ 7.00 $ 22,400.00 $ - 3 Each Storm Drain Cleanouts Type A(D-9) $ 3,980.00 $ 11,940.00 3 Each Street Lights (E-1) $ 4,200.00 $ 12,600.00 1 Each Curt5 Inlet Type B (D-2) $ 3,850.00 $ 3,850.00 -Each Catch Basin Type "F" (D-7) $ 3,850.00 $ - 2.00 Each Street Signs $ 200.00 $ 400.00 575 LF. Trench Resurfacing $ 23.00 $ 13,225.00 555 LF. 18" RCP Storm Drain $ 90.00 $ 49,950.00 SutvTotal Streets & Drainage $ 269,347.50 1 1 Sewer 400 LF. 8" Sewer Main $ 72.20 $ 28,880.00 -LF. 6" Sewer Main $ 55.00 $ - 3 Each Sewer Access Hole (CMWD S-1, S-3) $ 3,250.00 $ 9,750.00 -Each Modify AH to Drop Manhole $ 3,500.00 $ - 16 Each 4" Sewer Lateral $ 600.00 $ 9,600.00 Sub-Total Sewer $ 48,230.00 Water 500 LF. 8" PVC Water Main $ 58.00 $ 29,000.00 15 Each 1" Water Service (W-3) $ 2,389.00 $ 35,835.00 1 Each Manual Air Release $ 820.00 $ 820.00 3 Each Fire Hydrant (CMWD W-12) $ 3,500.00 $ 10,500.00 -Each 8" Gate Valves $ 1,800.00 $ - 1 Each 2" Blowoff Assembly (CMWD W-6) $ 865.00 $ 865.00 Each 1" Water Service W/Fire Service (W-3A) $ 2,800.00 $ - Sub-Total Water $ 77,020.00 1 SubTotal: $ 394,597.50 15% Contingency 59,189.63 Total: $ 453,787.13 Bond Amount $ 454,000.00 O m o z < _1 Page 1 of 2 Prepared By: MLB Engineering 600 S. Andreasen Drive, Suite E Escondido, CA 92029 760 741-3577 Yamamoto Sub. CT 04-01 Construction Cost Worksheet Grading & Erosion Control Plan DATE: June 6,2005 -C.Y. a: Balanced (excavate and fill) $ 5.50 $ 33,000 C.Y. b:Export (excavate and export) $ 9.25 $ 305,250.00 -C.Y. c:lmport (import and fill) $ 9.25 $ 3,500 C.Y. Remedial Grading $ 5.50 $ 19,250.00 $ $ 3,606 S.F. Retaining Wall Type 5 (C-5) $ 28.00 $ 100,968.00 $ $ 50 Each Gravel Bags $ 1.10 $ 55.00 1,100 LF. Silt Fence $ 1.60 $ 1,760.00 3 Each Stabilized Const. Entrance $ 350.00 $ 1,050.00 $ $ 1,640 LF. Fiber Rolls $ 2.25 $ 3,690.00 425 LF. D-75 Gunite Ditch $ 14.00 $ 5,950.00 -CY Rip-Rap (1251b Class) $ 150.00 $ $ $ $ $ $ $ 6 Each Gravel Bag Check Dams $ 100.00 $ 600.00 $ $ 35,700 SF Hydroseeding $ 0.20 $ 7,140.00 $ $ $ $ $ $ $ $ $ $ SubTotal: $ 445,713.00 15% Contingency 66,856.95 Total: $ 512,569.95 Bond Amount $ 513,000.00 III X o CX cU-oJ < 0. Page 2 of 2 Prepared By: MLB Engineering Professional Civil Engineer & Land Surveyor 600 S. Andreasen Drive, Suite E Escondido, CA 92029 760 741-3577 Yamamoto Sub. CT 04-01 Construction Cost Worksheet Improvement Plans DATE: June 6,2005 20,700 S.F. A.C. Pavement (4" Thickness) $ 1.75 $ 36,225.00 25,650 S.F. Treated Base ( 6" Thickness) $ 0.95 $ 24,367.50 25,650 S.F. Preparation of Sub-Grade $ 0.40 $ 10,260.00 9,750 S.F. P.C.C. Sidewalk {G-7) $ 3.25 $ 31,687.50 1,650 LF. 6" P.C.C CurtJ and Gutter (Type G-2) $ 14.50 $ 23,925.00 -L.F. 6" AC Dike (Type A) $ 8.20 $ 5 Each Pedestrian Ramp (G-27) $ 1,150.00 $ 5,750.00 3,200 S.F. P.C.C Driveway Apron $ 5.00 $ 16,000.00 $ 1 Each Storm Drain Cleanouts Type A(D-9) $ 3,980.00 $ 3,980.00 3 Each Street Lights (E-1) $ 4,200.00 $ 12,600.00 1 Each CurtJ Inlet Type B (D-2) $ 3,850.00 $ 3,850.00 -Each Catch Basin Type "F" (D-7) $ 3,850.00 $ 2.00 Each Street Signs $ 200.00 $ 400.00 575 LF. Trench Resurfacing $ 23.00 $ 13,225.00 555 LF. 18" RCP Storm Drain $ 90.00 $ 49,950.00 Sub-Total Streets & Drainage $ 232,220.00 1 Sewer 400 LF. 8" Sewer Main $ 65.00 $ 26,000.00 -LF. 6" Sewer Main $ 55.00 $ 3 Each Sewer Access Hole (CMWD S-1, S-3) $ 3,250.00 $ 9,750.00 -Each Modify AH to Drop Manhole $ 3,500.00 $ 16 Each 4" Sewer Lateral $ 600.00 $ 9,600.00 Sub-Total Sewer $ 45,350.00 Water 500 LF. 8" PVC Water Main $ 58.00 $ 29,000.00 15 Each 1" Water Sen/ice (W-3) $ 2,389.00 $ 35,835.00 1 Each Manual Air Release $ 820.00 $ 820.00 3 Each Fire Hydrant (CMWD W-12) $ 3,500.00 $ 10,500.00 -Each 8" Gate Valves $ 1,700.00 $ 2 Each 2" Blowoff/^mbly (CMWD W-6) $ 865.00 $ 1,730.00 1 Each 1" Water Service W/Fire Service (W-3A) $ 2,800.00 $ 2,800.00 Sub-Total Water $ 80,685.00 1 SubTotal: $ 358,255.00 15% Contingency 53,738.25 Total: $ 411,993.25 Bond Amount $ 412,000.00 d z o Ul z o (1T04-O1 < a PETITION FOR INCLUSION OF TERRITORY TO CITY OF CARLSBAD STREET LIGHTING AND LANDSCAPING DISTRICT AND WAIVER OF ENGINEER'S "REPORT" AND PUBUC HEARING REQUIREMENTS CT 04-01 THE UNDERSIGNED constitute one hundred percent (100%) of the owners of property proposed to be annexed to one of the existing CITY OF CARLSBAD STREET LIGHTING AND LANDSCAPING DISTRICTS, formed pursuant to the "Landscaping and Lighting Act of 1972," being Division 15, part 2 of the Streets and Highways Code of the State of California. Street Lighting Medians D Trees THE UNDERSIGNED hereby requests inclusion of the following referenced property to said District, which District was formed to maintain certain street lighting and landscaping improvements within said District and hereby consent to assessments levied under the existing assessment formulas and hereby acknowledge the receipt of the lighting and landscaping benefits to said property. Future assessment increases will be caused by reason of increases in the costs of labor, materials and utility cost increases applied to energy rates and water fees. Assessments can be subsequently modified and increased, as authorized by Section 54954.6 of the Government Code of the State of California, to reflect annual increases in the costs of labor and materials based upon the Consumer Price Index, San Diego, as published by the Department of Labor computed for the first Index in March of each year, and those above referenced changes will not constitute new and/or increased assessments requiring additional notification. THE UNDERSIGNED hereby waive any and all notice and hearing requirements, and the requirement of the filing of an Engineer's "Report," pursuant to Section 22608.2 of the Streets and Highways Code of the State of California. [property Description Name Signature Date APN: 215-040-05 Black Rail, LLC, a Delaware limited liability company Y Tres-Dac Inc.^ a California corporation, its manager ^(sign here) (date) 1 ^(sign here) (date) 1 Kelly D. Burt, Chief Executive Officer (print name here) (print name here) (print name here) (sign here) (date) (sign here) (date) (sign here) (date) (print name here) Received in the office of 1 he City Engineer of the City of Carlsbad, this /' 3 day of APPROVED AS TO FORM: RONALD R. BALL City Attorney CITY ENGINEER^^ / pc^'X CITYENGINEER< CITY OF CARLSBAD STATE OF CALIFORNIA By: Deputy City AttoHney H;/Development Services/Masters/Bonds & Agreements/Pet Incl Terr to City St Ligtit & Landscaping Rev. 8/19/2003 i" ' 1 5 10 27 SUBDIVISION PARK-IN-LIEU FEE AGREEMENT 6^(1 OGO<^ CT 04-01 DATE OF AGREEMENT: "^Z/ -^ L^^ f .- NAME OF SUBDIVIDER: Black Rail, LLC, a Delaware limited liability company 2 (referred to as "SUBDIVIDER") 3 NAME OF SUBDIVISION: Yamamoto 4 (referred to as "SUBDIVISION") RESOLUTION OF APPROVAL NO.: 5828-5832 ADOPTED: February 5, 2005 AMOUNT OF LAND REQUIRED: .144 Acres 6 ESTIMATED AMOUNT OF FEE: $38,976 7 SURETY/FINANCIAL INSTITUTION: LIA^OIA C^^^^rcA Xr^s^raA^e io^a^^ 8 ADDRESS: 1Q( B Si-ree-V, ^^ke. Z\t30 Sa^~h-\e.y CA 9 SECURITY FORM: Surety Bond SECURITY ID NO.: 66 iiif^43^ 11 This agreement is made and entered into by and between the City of Carlsbad, 12 California, a Municipal Corporation of the State of California, hereinafter referred to as City; and 13 the SUBDIVIDER named on Line 2 of Page 1 hereof, hereinafter referred to as SUBDIVIDER. 14 RECITALS 15 A. SUBDIVIDER has presented to City for approval and recordation, a final 16 subdivision map of a proposed subdivision as stated in Line 3 of Page 1 hereof pursuant to 17 provisions of the Subdivision Map Act of the State of California, and in compliance with the 18 provisions of Title 20 of the Carlsbad Municipal Code, hereinafter referred to as Code, relating 19 to the filing, approval and recordation of subdivision maps. 20 B. A tentative map of the subdivision has been approved, Subject to the 21 requirements and conditions contained in the resolution listed on Line 4 of Page 1 hereof. Said 22 resolution is on file in the office of the City Clerk and is incorporated herein by reference and 23 made a part hereof. 24 C. The code provides that before the final map or parcel map is approved by the 25 City Council, SUBDIVIDER must dedicate land, pay a fee in lieu thereof, or both. City has 26 determined in lieu of dedication of the amount of land stated on Line 5 of Page 1 hereof that 1 H:/Development Services/Masters/Bonds & Agreements/Subdivision Park-ln-Lieu Fee Agreement Rev. 5-25-99 ^ SECURITY BOND - PARK -IN-LiM FEE gOND NO: 661116438 CT 04-01 1 NAME OF SUBDIVIDER: Black Rail, LLC, a Delaware limited liability company 2 DATE OF AGREEMENT: //3^^^^ 10 11 12 13 14 15 16 17 18 19 20 21 22 I 23 24 25 26 27 28 3 TITLE OF AGREEMENT: Subdivision Park In Lieu Fee Agreement 4 NAME OF SUBDIVISION: Yamamoto 5 NAME OF SURETY: LINCOLN GENERAL INSURANCE COMPANY 6 ADDRESS: 701 B STREET SAN DIEGO, CA 92101 7 AMOUNT OF SECURITY: $ 38,976 8 SECURITY ID NOS.: Ut, //76^3 g" EFFECTIVE DATE: ^"0^-"^ 9 PREMIUM: •l»024.00 WHEREAS, the City of Carlsbad, State of California, hereinafter referred to as CITY, and the Subdivider named on Line 1 of Page 1 hereof, hereinafter referred to as SUBDIVIDER, have entered into an agreement whereby developer agrees to pay a fee in lieu of park land dedication, which agreement, dated as shown on Line 2 of Page 1 hereof and entitled as shown on Line 3 of Page 1 hereof, for the Subdivision as named on Line 4 of Page 1 hereof, is hereby incorporated in this agreement by this reference; and WHEREAS, SUBDIVIDER is required under the terms of the park-in-lieu fee agreement to furnish a security for the faithful performance of said agreement; NOW, THEREFORE, SUBDIVIDER and the SURETY named on Line 5 of Page 1 hereof, hereinafter referred to as SURETY, are held and firmly bound unto CITY in penal sum of the amount stated on Line 7 of Page 1 hereof, lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our iheirs, successors, executors and administrators, jointly and severally, firmly by these presents. , The condition of this obligation is such that if the above bounded SUBDIVIDER, his heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the agreement and any alteration made as therein provided, on their part, to be kept and performed at the time and in the manner specified, and in all respects according to their true intent and meaning, and shall 1 H:/Development Sewices/Masters/Bonds & Agreements/Security Bond Park in Lieu Fee REV. 02/04/97 «—^ CT o4-Ol JK. RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 215-040-05 PROJECT NO. & NAME: CT 04-01 YAMAMOTO HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG433-3A) for development to occur on property described the south half of the northwest quarter of the northwest quarter of the northeast quarter of section 27, township 12 south, range 4 west, San Bernardino base meridian, in the City of Carlsbad, County of San Diego, State of California, according to the official plat thereof. I/We, Black Rail, LLC, a Delaware limited liability company, the owners of said property promise to indemnify and to hold the City of Carlsbad, its officers, agents and employees harmless from liability for injuries to persons, or damage to or taking of property, directly or indirectly caused by the diversion of waters, the alteration of the normal flow of surface waters or drainage, or the concentration of surface waters or drainage from the drainage system or other improvements identified in the approved plans; or by the design, construction or maintenance of the drainage system or other improvements identified in the approved plans. Approval of the plans by the City shall not constitute an assumption by the City of any responsibility for such damage or taking. City shall not be an insurer or surety for the design or 1 H:/Development Sen/ices/Masters/Bonds & Agreements/Hold Harmless Agreement Drainage Rev. 12/08/98 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 SPACE ABOVE THIS LINE FOR RECORDER'S USE 215-040-05 ASSESSOR'S PARCEL NO. PROJECT NO. & NAME: Yamamoto CT 04-01 HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 433-3A) and improvement plans (DWG 433-3) for development to occur on property described as the south half of the northwest quarter of the northwest quarter of the northeast quarter of section 27, township 12 south, range 4 west, San Bernardino base meridian, in the City of Carlsbad, County of San Diego, State of California, according to the official plat thereof more particularly described as (APN No. 215-040-05), and other good and valuable consideration, receipt of which is hereby acknowledged, l/(We), Black Rail, LLC, a Delaware limited liability company, the owner(s) of said property promise to indemnify and to hold the City of Carlsbad, its officers, agents and employees harmless from liability for injuries to any persons, or damage to or taking of any property including public property, directly or indirectly caused by the geological failure of any nature, type or cause or any subsequent damage that may occur on or adjacent to this subdivision due to its construction, operation or maintenance. Approval of the plans or permits, or inspection of any work done pursuant to those plans or permits by the City shall not constitute an assumption by the City of any responsibility for any damage or taking referenced in this agreement. City shall not be responsible in any manner whatsoever for the design, compaction, construction or maintenance of the slopes, cuts, fills or improvements made or done pursuant to the approved plans, nor shall any officer or employee thereof be liable or responsible for any accident, loss or damage happening or occurring during the construction work or improvements as specified in this agreement. The entire risk of any loss resulting from or caused by any geological failure is assumed by and shall be borne by the owner. 1 H:/Development Sen/Ices/Masters/Bonds & Agreements/Hold Harmless Agt Geological Failure Rev, 12/08/98 ^ ^ Linda S. Adams Secretary for Environmental Protection State Water Resources Control Board Division of Water Quality 1001 I street Sacramento, Califomia 95814 (866) 563 3107 Mailing Address: P.O. Box 1977 Sacramento, Califomia 95812-1977 FAX (916) 341-5543 Intemet Address: http://www.waterboards.ca.gov Email Address: stormwater@waterboards.ca.gov Arnold Schwarzenegger Governor Approved Date: July 06, 2010 Geof&ey Sherman Black Rail LP 17140 Bemardo Center Dr San Diego CA 92028 RECEIPT OF YOUR NOTICE OF INTENT (NOI) The State Water Resources Control Board (State Water Board) has received and processed your NOI to comply with the terms of the General Permit to Discharger Storm Water Associated with Construction Activity. Accordingly, you are required to comply with the permit requirements. The Waste Discharger Identification (WDID) number is: 9 37C359025. Please use this number in any future communication regarding this permit. OWNER: DEVELOPER: SITE INFORMATION: TOTAL DISTURBED ACRES: START DATE: COMPLETION DATE: COUNTY: SITE DESCRIPTION Black Rail LP Warmington Residential CA Poinsettia Ridge SEC Black Rail Rd & Songbird Ave Carlsbad 1 June 06, 2010 December 31,2011 San Diego When the Owner changes, a new NOI, site map, and fee must be submitted by the new Owner. As the previous owner, you are required to submit a Notice of Termination (NOT) to the local Regional Water Board stating you no longer own or operate the Site and coverage under the General Permit is not required. Unless notified, you will continue and are responsible to pay the annual fee invoiced each July. If you have any questions regarding permit requirements, please contact your Regional Water Board at 858-467-2952 . Please visit the storm water web site at http://www.waterboards.ca.gov/water_issues/programs/stormwater/ to obtain an NOT and other storm water related information and forms. Sincerely, Storm Water Section Division of Water Quality California Environmental Protection Agency WDID: 9 37G359025 State Water Resources Control Board NOTICE OF INTENT GENERAL PERMIT TO DISCHARGE STORM WATER ASSOCIATED WITH CONSTRUCTION ACTIVITY (WQ ORDER No. 2009-0009-DWQ) Risk Level: Property GKwner Inform^ Name: BlaekRailLP Address: 17140 Bernardo Center Dr Address 2: City/State/Zip: San Diego CA 92028 Contractor/Developer trrfoftnation Name: Warmington Residential CA Address: 3090 Pullman St Address 2: City/State/Zip: Costa Mesa CA 92626 Constm<^orT Site Information Site Name: Poinsettia Ridge Address: SEC Black Rail Rd & Songbird Ave City/State/Zip: Carlsbad CA 92009 County: SanDiego Latitude: Longitude: Total Size of Construction Area: 5 Total Area to be Disturbed: 1 Type of Construction: 'Residential Receiving Water: Qualified SWPPP Developer: RWQCB Jurisdiction: Region 9 - San Diego Phone: 858-467-2952 Certification Name Geoff Sherman Title: Type: Pnv^Bwsiness Geoffrey Sherman 858-613-1800 Contact Name Title Phone # Email: Contact Name: TomTupman Title: Phone #: 714-434-4325 Email: Contact Name: TomTupman Title: Site Phone #: 714-434-4325 Email: Construction Start: June 06, 2010 Complete Grading: April 30, 2007 Final Stabilization: December 31. 2011 Certification #: Email: r9_stormwater@waterboards.ca.gov Date: August 09, 2010 SUBDIVISION GUARANTEE Guarantee No: Order No: 53040629 - U50 Liability: $1,000.00 Fee: $400.00 CHICAGO TITLE INSURANCE COMPANY a corporation, herein called the Company GUARANTEES The County of SAN DIEGO and any City within which said subdivision is located in a sum not exceeding $1,000.00 that, according to those public records which, under the recording laws, impart constructive notice of matters affecting the title to the land included within the exterior boundary shown on the map of the above referenced subdivision, the only parties having any record title interest in said land whose signatures are necessary, under the requirements of the Subdivision Map Act, on the certificates consenting to the recordation of said map and offering for dedication any streets, roads, avenues, and other easements offered for dedication by said map are set forth in Schedule A. The map hereinbefore referred to is CARLSBAD TRACT NO. 04-01 Dated: November 29, 2007 Issued by: 23 65 NORTHSIDE DRIVE SUITE 500 SAN DIEGO, CA 92108 (619) 521-3400 Fax: (619) 521-3605 CHICAGO TITLE INSURANCE COMPANY By: Randy Quirk President ^^^^ ^ Todd C. Johnson Secretary Authorized Signatory CLTA Guarantee Form No. 14 (Rev. 4-10-75) SUBFACE " 03/06/03 AA Order No: 53040629 - U50 Dated: November 29, 2007 Subdivision: CARLSBAD TRACT NO. at7:30 A.M. 04-01 MapNo: Fax Number: (619)544-6292 SCHEDULE A The map hereinbefore referred to is a subdivision of: PARCEL 1: (APN 215-040-05) THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE GF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. PARCEL 2: AN EASEMENT AND RIGHT OF WAY FOR ROAD PURPOSES OVER THE WESTERLY 20 FEET OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. The parties hereinbefore referred to are: OWNER: BLACKRAIL, LLC, A DELAWARE LIMITED LIABILITY COMPANY TRUST DEED HOLDERS: CHICAGO TITLE INSURANCE COMPANY, TRUSTEE UNDER DEED OF TRUST RECORDED JULY 14, 2005 AS FILE NO. 2005-0596046, OFFICIAL RECORDS. EASEMENT HOLDERS: (1) THE SIGNATURES OF VIRGINIA PERRY AND RUEHLING PARCHEN, OWNERS OF AN EASEMENT AS DISCLOSED BY DEED RECORDED FEBRUARY 20 1959 IN BOOK 7508, PAGE 492 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY HAVE BEEN OMITTED UNDER THE PROVISIONS OF SECTION 66436, SUBSECTION (A)(3)(A)(I) OF GOVERNMENT CODE, THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO A FEE TITLE AND SAID SIGNATURES ARE NOT REQUIRED BY THE GOVERNING BODY. (2) THE SIGNATURE OF FRANK H. AYRES AND SON, A CORPORATION, OWNER OF AN EASEMENT AS DISCLOSED BY DEED RECORDED AUGUST 26, 1960 AS DOCUMENT NO. 174501 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY HAS BEEN OMITTED UNDER THE PROVISIONS OF SECTION 66436, SUBSECTION (A)(3)(A)(I) OF GOVERNMENT CODE, THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO A FEE TITLE AND SAID SIGNATURE IS NOT REQUIRED BY THE GOVERNING BODY. (3) THE SIGNATURE OF THE PACIFIC TELEPHONE &. TELEGRAPH COMPANY, OWNER OF AN SEE ATTACHED EXHIBIT SUBDIVA-12/22/88 Policy No. Page 1 EXHIBIT EASEMENT AS DISCLOSED BY DEED RECORDED FEBRUARY 26, 2 964 AS DOCUMENT NO. 36380 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY HAS BEEN OMITTED UNDER THE PROVISIONS OF SECTION 66436, SUBSECTION (A)(3)(A)(I) OF GOVERNMENT CODE, THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO A FEE TITLE AND SAID SIGNATURE IS NOT REQUIRED BY THE GOVERNING BODY. (4) THE SIGNATURE OF THE CITY OF CARLSBAD, OWNER OF EASEMENTS AS DISCLOSED BY DEEDS RECORDED DECEMBER 26, 1997 AS FILE NO. 1997-0658896 AND AUGUST 6, 2 002 AS FILE NO. 2002-0663916 AND 2002-0663917, ALL OF OFFICIAL RECORDS OF SAN DIEGO COUNTY HAS BEEN OMITTED UNDER THE PROVISIONS OF SECTION 66436, SUBSECTION (A)(3)(A)(I) OF GOVERNMENT CODE, THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO A FEE TITLE AND SAID SIGNATURE IS NOT REQUIRED BY THE GOVERNING BODY. (5) THE SIGNATURE OF SAN DIEGO GAS AND ELECTRIC COMPANY, OWNER OF AN EASEMENT AS DISCLOSED BY DEED RECORDED JULY 28, 2006 AS FILE NO. 2006-0535249 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY HAS BEEN OMITTED UNDER THE PROVISIONS OF SECTION 66436, SUBSECTION (A)(3)(A)(I) OF GOVERNMENT CODE, THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO A FEE TITLE AND SAID SIGNATURE IS NOT REQUIRED BY THE GOVERNING BODY. ExmBrrs ~ 12/22/88 (fi) CHICAGO TITLE COMPANY PRELIMINARY REPORT Dated as of: NOVEMBER 29,2007 at 7:30 AM Reference: BLACKRAIL-CARLSBAD TRACT 04-01 Order No.: 53040629-USO CALIFORNIA In response to the application for a policy of titie insurance referenced herein, Chicago Title Insurance Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of title insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. The pollcy(s) of title insurance to be issued hereunder will be policy(s) of Chicago Title Insurance Company. Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects and encumbrances affecting title to the land. The form of Policy or Policies of title insurance contemplated by this report is: CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY Visit Us On The Web: ChicagoTitle.com Title Department: CHICAGO TITLE COMPANY 2365 NORTHSIDE DR. #500 SAN DIEGO, CA 92108 (619)521-3500 Fax: (619)521-3608 (fi) Tom Votel / Ken Cyr Title Officer PREFP1 -06/1B/07AA SCHEDULE A Order No: 53040629 USO Your Ref: BLACKRAIL-CARLSBAD TRACT 04-01 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE AS TO PARCEL 1; AN EASEMENT MORE FULLY DESCRIBED BELOW AS TO PARCEL 2 2. Title to said estate or interest at the date hereof is vested in: BLACKRAIL, LLC, A DELAWARE LIMITED LIABILITY COMPANY 3. The land referred to in this report is situated in the State of California, County of SAN DIEGO and is described as follows: PARCEL 1: (APN 215-040-05) THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. PARCEL 2: AN EASEMENT AND RIGHT OF WAY FOR ROAD PURPOSES OVER THE WESTERLY 2 0 FEET OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. PREA -lO/SI/B^bH SCHEDULE B Page 1 Order No; 53040629 U50 Your Ref: BLACKRAIL-CARLSBAD TRACT 04-01 At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form designated on the face page of this Report would be as follows: A 1. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, TO BE LEVIED FOR THE FISCAL YEAR 2007-2008 THAT ARE A LIEN NOT YET DUE. lA. PROPERTY TAXES, INCLUDING ANY PERSONAL PROPERTY TAXES AND ANY ASSESSMENTS COLLECTED WITH TAXES, FOR THE FISCAL YEAR 2006-2007 1ST INSTALLMENT: 2ND INSTALLMENT: PENALTY AND COST: HOMEOWNERS EXEMPTION: CODE AREA: ASSESSMENT NO: $33,198.06 (PAID) $33,198.06 $3,329.80 (DUE AFTER APRIL 10) $NONE 09165 215-040-05 THE LIEN OF SUPPLEMENTAL OR ESCAPED ASSESSMENTS OF PROPERTY TAXES, IF ANY, MADE PURSUANT TO THE PROVISIONS OF PART 0.5, CHAPTER 3.5 OR PART 2, CHAPTER 3, ARTICLES 3 AND 4 RESPECTIVELY (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA AS A RESULT OF THE TRANSFER OP TITLE TO THE VESTEE NAMED IN SCHEDULE A; OR AS A RESULT OF CHANGES IN OWNERSHIP OR NEW CONSTRUCTION OCCURRING PRIOR TO DATE OF POLICY. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS RESERVED IN A DOCUMENT (NO REPRESENTATION IS MADE AS TO THE PRESENT OWNERSHIP OF SAID EASEMENT) PURPOSE: RECORDED: AFFECTS: ROAD, PUBLIC UTILITY AND INCIDENTAL PURPOSES FEBRUARY 20, 1959 IN BOOK 7508, PAGE 492 OF OFFICIAL RECORDS THE WESTERLY 3 0 FEET 4. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: PURPOSE: RECORDED: AFFECTS: FRANK H. AYRES AND SON, A CORPORATION ROADWAY PURPOSES AND RIGHT OF WAY FOR INSTALLATION OF PUBLIC UTILITIES AND PIPELINES AND INCIDENTAL PURPOSES AUGUST 26, 1960 AS FILE NO. 174501 OF OFFICIAL RECORDS THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. PREB -10/31/97bl< Page 2 Order No: 53040629 U50 SCHEDULE B (continued) Your Ref: BLACKRAIL-CARLSBAD TRACT 04-01 5. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: PURPOSE: RECORDED: AFFECTS: THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY, A CORPORATION PUBLIC UTILITIES, INGRESS AND EGRESS FEBRUARY 26, 1964 AS FILE NO. 36380 OF OFFICIAL RECORDS THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. 6. THB EFFECT, IF ANY, OF THE FOLLOWING RECORD OF SURVEY MAPS: NOS. 6055, 6269 AND 8921 REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 7. A PENDING ASSESSMENT FOR THE DISTRICT SHOWN BELOW. WHEN NOTICE OF THE ASSESSMENT IS RECORDED WITH THE COUNTY RECORDER THE ASSESSMENT SHALL BECOME A LIEN ON SAID LAND. DISTRICT: COMMUNITY FACILITIES DISTRICT NO. 1 DISCLOSED BY: ASSESSMENT DISTRICT BOUNDARY RECORDED: DECEMBER 19, 1990 AS DOCUMENT NO. 90-674118 OFFICIAL RECORDS NOTICE OF SPECIAL TAX LIEN RECORDED MAY 20, 1991 AS FILE NO. 1991-0236959 OFFICIAL RECORDS. 8 . A PENDING ASSESSMENT FOR THE DISTRICT SHOWN BELOW. WHEN NOTICE OF THE ASSESSMENT IS RECORDED WITH THE COUNTY RECORDER THE ASSESSMENT SHALL BECOME A LIEN ON SAID LAND. DISTRICT: DISCLOSED BY: RECORDED: CITY OF CARLSBAD (ALGA ROAD) DISTRICT NO. 88-1 ASSESSSMENT DISTRICT DIAGRAM JULY 30, 1993 AS FILE NO. 1993-0491598 9. RESOLUTION NO. 97-528 OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, OVERRULING AND DENYING PROTESTS AND ESTABLISHING BRIDGE AND THOROUGHFARE DISTRICT NO. 2 (AVIARA PARKWAY - POINSETTIA LANE) TO FINANCE THE COSTS OF MAJOR PUBLIC IMPROVEMENTS IN SAID CITY, A CERTIFIED COPY OF WHICH RECORDED JULY 22, 1997 AS DOCUMENT NO. 97-349124 OFFICIAL RECORDS. 10 . AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT PREUMBC-8/23/93bk Page 3 Order No: 53040629 USO SCHEDULE B (continued) Your Ref: BLACKRAIL-CARLSBAD TRACT 04-01 GRANTED TO: PURPOSE: RECORDED: AFFECTS: CITY OF CARLSBAD, A MUNICIPAL CORPORATION PUBLIC STREET AND PUBLIC UTILITY PURPOSES DECEMBER 26, 1997 AS FILE NO. 1997-06588 96, OF OFFICIAL RECORDS THE WESTERLY 30 FEET OF PARCEL 1 SAID INSTRUMENT ADDITIONALLY CONTAINS THE PRIVILEGE AND RIGHT TO EXTEND DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF THE ABOVE DESCRIBED RIGHT OF WAY WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE THEREOF. 11. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: PURPOSE: RECORDED: AFFECTS: CITY OF CARLSBAD, A MUNICIPAL CORPORATION SLOPE AND CONSTRUCTION AUGUST 5, 2002 AS FILE NO. 2002-0663916 OF OFFICIAL RECORDS THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. 12. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: PURPOSE: RECORDED: AFFECTS: CITY OF CARLSBAD, A MUNICIPAL CORPORATION PUBLIC STREET AND PUBLIC UTILITY AUGUST 6, 2002 AS FILE NO. 2002-0663917 OF OFFICIAL RECORDS THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. 13. INTENTIONALLY OMITTED 14. INTENTIONALLY OMITTED 15. INTENTIONALLY OMITTED 16. INTENTIONALLY OMITTED 17. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL AMOUNT SHOWN BELOW AMOUNT: DATED: TRUSTOR: TRUSTEE: BENEFICIARY: $5,500,000.00 JULY 8, 2005 BLACKRAIL, LLC, A DELAWARE LIMITED LIABILITY COMPANY CHICAGO TITLE INSURANCE COMPANY CALIFORNIA BANK AND TRUST, A CALIFORNIA BANKING PREUMBC-B/Z3/93bl( Page 4 Order No: 53040629 USO SCHEDULE B (continued) Your Ref: BLACKRAIL-CARLSBAD TRACT 04-01 RECORDED: CORPORATION JULY 14, 2005 AS FILE NO. 2005-0596046 OF OFFICIAL RECORDS 18. A DOCUMENT ENTITLED "NOTICE CORCERNING AIRCRAFT ENVIRONMENTAL IMPACTS", DATED FEBRUARY 6, 2006 EXECUTED BY BLACKRAIL, LLC AND THE CITY OF CARLSBAD, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED MARCH 27, 2006 AS FILE NO. 2006-0210043, OFFICIAL RECORDS. 19. A DOCUMENT ENTITLED "NOTICE OF RESTRICTION ON REAL PROPERTY", DATED NOVEMBER 3, 2004 EXECUTED BY BLACKRAIL, LLC AND THE CITY OF CARLSBAD, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED MARCH 27, 2006 AS FILE NO. 2006-0210051, OFFICIAL RECORDS. 20. A DOCUMENT ENTITLED "AFFORDABLE HOUSING AGREEMENT", DATED NOVEMBER 9, 2005 EXECUTED BY BLACKRAIL, LLC AND THE CITY OF CARLSBAD, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED MAY 1, 2006 AS FILE NO. 2006-0306022, OFFICIAL RECORDS. 21. A DOCUMENT ENTITLED "HOLD HARMLESS AGREEMENT DRAINAGE", DATED FEBRUARY 6, 2006 EXECUTED BY AND BETWEEN THE CITY OF CARLSBAD AND BLACK RAIL, LLC, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED JULY 14, 2006 AS FILE NO. 2006-0496913, OFFICIAL RECORDS. 22. A DOCUMENT ENTITLED "HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE", DATED FEBRUARY 6, 2006 EXECUTED BY AND BETWEEN THE CITY OF CARLSBAD AND BLACK RAIL, LLC, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED JULY 14, 2006 AS FILE NO. 2006-0496914, OFFICIAL RECORDS. 23 . AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: PURPOSE: RECORDED: AFFECTS: END OF SCHEDULE B SAN DIEGO GAS AND ELECTRIC COMPANY PUBLIC UTILITIES, INGRESS AND EGRESS JULY 28, 2006 AS FILE NO. 2006-053524 9, OFFICIAL RECORDS THE EXACT LOCATION AND EXTENT OF SAID EASEMENT IS NOT DISCLOSED OF RECORD. GP 2AMEND/JRS 3AMEND/JRS 4AMEND/JRS 5AMEND/TR 6AMEND/GP PRELIMBC-B/23/93bk Stewart 8 -title of California, inc. Stewart Title of California, Inc 7676 Hazai-d Center Dr., 14th Floor SanDiego, CA 92108 (619) 398-8133 Phone (619) 923-3684 Fax Order Number Title Unit Number Your File Number Buyer/Borrower Name: Seller Name: PRELIMINARY REPORT 258110 2286 Black Rail/Tract 15676 Blackrail, LLC ^P*? 09 2010 In response to the above referenced appUcation for a PoUcy of Title Insurance, Stewart Title of CaUfornia, Inc. hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referenced to as an Exception on Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions, and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on covered Risks of said policy or poUcies are set forth in Exhibit A attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be ai-bitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks appUcable to the CLTA and ALTA Homeowner's PoUcies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limits of LiabiUty for certain coverages are also set forth in Exhibit A. Copies of the policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters, which are not covered under the terms of the title insurance poUcy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report, (and any supplements or amendments thereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance a binder or commitment should be requested. Dated as oL March 30, 2010 at 7:30 a.m. Update No, One Barbara J. Richardson, Title Officer When replying, please contact Barbara J. Richardson, Title Officer File Number: 258110 Page 1 of 12 PRELIMINARY REPORT The form of Policy of Title Insurance contemplated by this report is: • California Land Title Association Standard Coverage PoUcy • American Land Title Association Owners Policy • American Land Title Association Residential Title Insurance Policy • American Land Title Association Loan Policy • California Land Title Association Homeowners Policy • ALTA Short Form Residential Loan Policy (06/16/07) • 2006 ALTA Loan Policy 13 Preliminary Title Report SCHEDULE A The estate or interest in the land hereinafter described or referred to covered by this report is: Fee Title to said estate or interest at the date hereof is vested in: Blackrail LP, a California Limited Partnership File Number: 258110 Page 2 of 12 LEGAL DESCRIPTION The land referred to herein is situated in the State of California, County of San Diego, and described as follows: Lots 1 through 16, inclusive, City of Carlsbad Tract No. 04-01, in the City of Carlsbad, County of San Diego, State of California, as per Map 15676, recorded March 11, 2008 in the office of the county recorder of said county. Assessor's Parcel Numbers: 215-041-30; 215-041-31; 215-041-32; 215-041-33; 215-041-34; 215-041-35; 215-041-36; 215-041-37; 215-041-38; 215-041-39; 215-041-40; 215-041-41; 215-041-42; 215-041-43; 215- 041-44; 215-041-45 (End of Legal Description) File Number: 258110 Page 3 of 12 SCHEDULE B At the date hereof, exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy or policies would be as follows: Taxes: A. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes, to be levied for the fiscal yeai" 2010 - 2011. B. General and Special City and/or County taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 2009 - 2010: 1" Installment: $2,111.74 Paid 2"" Installment: $2,111.74 Open Parcel No.: 215-041-30-00 Code Area: 09165 Subject to the condition that at the time of closing, proof of payment must be submitted to this Company. Any delinquency or Supplemental Taxes or funds will be held for a period of sixty (60) days from the date of payment. C. General and Special City and/or County taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 2009 - 2010: L'Installment: $2,111.74 Paid 2"" Installment: $2,111.74 Open Parcel No.: 215-041-31-00 Code Area: 09165 Subject to the condition that at the time of closing, proof of payment must be submitted to this Company. Any delinquency or Supplemental Taxes or funds will be held for a period of sixty (60) days from the date of payment. D. General and Special City and/or County taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 2009 - 2010: 1" Installment: $2,111.74 Paid 2"" Installment: $2,111.74 Open Parcel No.: 215-041-32-00 Code Area: 09165 Subject to the condition that at the time of closing, proof of payment must be submitted to this Company. Any delinquency or Supplemental Taxes or funds will be held for a period of sixty (60) days from the date of payment. E. General and Special City and/or County taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 2009 - 2010: Installment: $2,111.74 Paid 2"" Installment: $2,111.74 Open Parcel No.: 215-041-33-00 Code Area: 09165 Subject to the condition that at the time of closing, proof of payment must be submitted to this File Number: 258110 Page 4 of 12 Company. Any delinquency or Supplemental Taxes or funds will be held for a period of sixty (60) days from the date of payment. F. General and Special City and/or County taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 2009 - 2010: r'Installment: $1,851.54 Paid 2"*^ Installment: $1,851.54 Open Parcel No.: 215-041-34-00 Code Area: 09165 Subject to the condition that at the time of closing, proof of payment must be submitted to this Company. Any delinquency or Supplemental Taxes or funds will be held for a period of sixty (60) days from the date of payment. G. General and Special City and/or County taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 2009 - 2010: 1" Installment: $1,591.34 Paid 2"" Installment: $1,591.34 Open Parcel No.: 215-041-35-00 Code Area: 09165 Subject to the condition that at the time of closing, proof of payment must be submitted to this Company. Any delinquency or Supplemental Taxes or funds will be held for a period of sixty (60) days from the date of payment. H. General and Special City and/or County taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 2009 - 2010: f Installment: $1,591.34 Paid 2"^* Installment: $1,591.34 Open Parcel No.: 215-041-36-00 Code Area: 09165 Subject to the condition that at the time of closing, proof of payment must be submitted to this Company. Any delinquency or Supplemental Taxes or funds will be held for a period of sixty (60) days from the date of payment. I. General and Special City and/or County taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 2009 - 2010: Installment: $1,591.34 Paid 2"''Installment: $1,591.34 Open Parcel No.: 215-041-36-00 Code Area: 09165 Subject to the condition that at the time of closing, proof of payment must be submitted to this Company. Any delinquency or Supplemental Taxes or funds will be held for a period of sixty (60) days from the date of payment. J. General and Special City and/or County taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 2009 - 2010: L'Installment: $1,981.64 Paid 2"" Installment: $1,981.64 Open Parcel No.: 215-041-38-00 File Number: 258110 Page 5 of 12 Code Area: 09165 Subject to the condition that at the time of closing, proof of payment must be submitted to this Company. Any delinquency or Supplemental Taxes or funds will be held for a period of sixty (60) days from the date of payment. K. General and Special City and/or County taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 2009 - 2010: r'Installment: $1,981.64 Paid 2"" Installment: $1,981.64 Open Parcel No.: 215-041-39-00 Code Area: 09165 Subject to the condition that at the time of closing, proof of payment must be submitted to this Company. Any delinquency or Supplemental Taxes or funds will be held for a period of sixty (60) days from the date of payment. L. General and Special City and/or County taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 2009 - 2010: Installment: $1,981.64 Paid 2"''histallment: $1,981.64 Open Parcel No.: 215-041-40-00 Code Area: 09165 Subject to the condition that at the time of closing, proof of payment must be submitted to this Company. Any delinquency or Supplemental Taxes or funds will be held for a period of sixty (60) days from the date of payment. M. General and Special City and/or County taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 2009 - 2010: Installment: $1,981.64 Paid 2"''Installment: $1,981.64 Open Parcel No.: 215-041-41-00 Code Area: 09165 Subject to the condition that at the time of closing, proof of payment must be submitted to this Company. Any delinquency or Supplemental Taxes or funds will be held for a period of sixty (60) days from the date of payment. N. General and Special City and/or County taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 2009 - 2010: Installment: $1,721.44 Paid 2"" InstaUment: $1,721.44 Open Parcel No.: 215-041-42-00 Code Area: 09165 Subject to the condition that at the time of closing, proof of payment must be submitted to this Company. Any delinquency or Supplemental Taxes or funds will be held for a period of sixty (60) days from the date of payment. O. General and Special City and/or County taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 200 - 2010: File Number: 258110 Page 6 of 12 1" Installment: $1,721.44 Paid 2"*^ Installment: $1,721.44 Open Parcel No.: 215-041-43-00 Code Area: 09165 Subject to the condition that at the time of closing, proof of payment must be submitted to this Company. Any delinquency or Supplemental Taxes or funds will be held for a period of sixty (60) days from the date of payment. P. General and Special City and/or County taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 2009 - 2010: Installment: $1,721.44 Paid 2""^ Installment: $1,721.44 Open Parcel No.: 215-041-44-00 CodeAi-ea: 09165 Subject to the condition that at the time of closing, proof of payment must be submitted to this Company. Any delinquency or Supplemental Taxes or funds will be held for a period of sixty (60) days from the date of payment. Q. General and Special City and/or County taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 2009 - 2010: f Installment: $1,721.44 Paid 2"" Installment: $1,721.44 Open Parcel No.: 215-041-45-00 Code Area: 09165 Subject to the condition that at the time of closing, proof of payment must be submitted to this Company. Any delinquency or Supplemental Taxes or funds will be held for a period of sixty (60) days from the date of payment. R. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California. S. Assessments, if any, for Community Facility Districts affecting said land which may exist by virtue of assessment maps or notices filed by said districts. Said assessments ai-e collected with the County Taxes. Exceptions: 1. A proposed assessment for the District shown below. When Notice of the assessment is recorded with the County Recorder the assessment shall become a lien on said land. District: Community Facilities District No. 1, disclosed by Assessment District Boundary, recorded December 19, 1990 as File No. 90-674118 of Official Records. Notice of Special Tax Lien recorded May 20, 1991 as File No. 1991-0236959 of Official Records. 2. A proposed assessment for the District shown below. When Notice of the assessment is recorded with the County Recorder the assessment shall become a lien on said land, District: City of Carlsbad (Alga Road) District No. 88-1, disclosed by Assessment District Diagram, recorded July 30, 1993 as File Number: 258110 Page 7 of 12 File No. 1993-0491598 of Official Records. 3. Resolution No. 97-528 of the city council of the City of Carlsbad, California, overruling and denying protests and establishing bridge and thoroughfare district no. 2 (Aviara Parkway - Poinsettia Lane) to finance the costs of major public improvements in said city, a certified copy of which recorded July 22, 1997 as File No. 1997-349124 of Official Records. 4. The privilege and right to extend drainage structures and excavation and embankment slopes beyond the limits of where required for the construction and maintenance of said Black Rail Road as contained in the deed recorded December 26, 1997 as File No. 1997-0658896 of Official Records. Said matter affects: Lots 1, 2, 3 and 4. 5. A document entitled "Notice Concerning Aircraft Environmental Impacts", dated February 6, 2006 executed by Blackrail, LLC and the City of Carlsbad, subject to all the terms, provisions and conditions therein contained, recorded March 27, 2006 as file no. 2006-0210043 of Official Records. 6. A document entitled "Notice of Restriction on Real Property", dated November 3, 2004 executed by Blackrail, LLC and the City of Carlsbad, subject to all the terms, provisions and conditions therein contained, recorded March 27, 2006 as file no. 2006-0210051 of Official Records. 7. A document entitled "Affordable Housing Agreement", dated November 9, 2005 executed by Blackrail, LLC and the City of Carlsbad, subject to all the terms, provisions and conditions therein contained, recorded May 1, 2006 as file no. 2006-0306022 of Official Records. 8. A document entitled "Hold Harmless Agreement Drainage", dated February 6, 2006 executed by and between the City of Carlsbad and Black Rail, LLC, subject to all the terms, provisions and conditions therein contained, recorded July 14, 2006 as file no. 2006-0496913 of Official Records. 9. A document entitled "Hold Harmless Agreement Geological Failure", dated February 6, 2006 executed by and between the City of Carlsbad and Black Rail, LLC, subject to all the terms, provisions and conditions therein contained, recorded July 14, 2006 as file no. 2006-0496914 of Official Records. 10. An easement for the purpose shown below and rights incidental thereto as set forth in a document to the San Diego Gas and Electric Company, for the purpose of access and utilities, recorded July 28, 2006, as Instrument/File No. 2006-0535249 of Official Records. Location of said easement cannot be plotted from record. 11. A document entitled "Private Maintenance Agreement for Private Landscaping, Reclaimed Water and Best Management Practices Implementation", dated May 29, 2007 executed by Blackrail, LLC, subject to all the terms, provisions and conditions therein contained, recorded March 11, 2008 as file no. 2008-0127755 of Official Records. 12. An easement affecting the portion of said land and for the purposes stated herein and incidental purposes, shown or dedicated by Map No.: 15676, for: restricted sight distance corridor, affects: Lots 1, 8, 9, and 16. 13. An easement affecting the portion of said land and for the purposes stated herein and incidental purposes, shown or dedicated by Map No.: 15676, for: public utilities, affects: Lots 2 and 3. File Number: 258110 Page 8 of 12 14. An easement affecting the portion of said land and for the purposes stated herein and incidental purposes, shown or dedicated by Map No.: 15676, for: private drainage, affects: Lots 4 and 5. 15. The fact that the ownership of said land does not include rights of access to or from the public street or highway abutting said land, such rights having been relinquished or severed by the map of said Tract or 15676 adjoining Black Rail Road, which affects Lots 1, 2, 3, and 4. Said land however, abuts upon a public thoroughfare other than the street or highway referred to above over which rights of vehicular ingress and egress have not been relinquished. 16. The fact that the ownership of said land does not include rights of access to or from the public street or highway abutting said land, such rights having been relinquished or severed by the map of said Tract or 15676 adjoining Song Bird Avenue, which affects Lots 1, 8, 9, and 16. Said land however, abuts upon a public thoroughfare other than the street or highway referred to above over which rights of vehicular ingress and egress have not been relinquished. 17. Said Map No. 15676 contains various conditions and restrictions on the development of said land, including, but not limited to, requirements involving private drainage easements regarding Lots 4, 5, and 12. 18. Deed of Trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby: Amount; $4,490,000.00 Dated: July 15, 2008 Trustor: Blackrail, L.P., a California Limited Partnership Trustee: Commonwealth Land Title Company Beneficiary: California Bank & Trust, a California Banking Corporation Recorded: August 1, 2008 as File No. 2008-0413154 of Official Records 19. A document entitled "Notice of Restriction on Real Property" by and between City of Carlsbad and Blackrail LP, subject to all the terms, provisions and conditions therein contained, recorded March 16, 2010 as File No. 2010-0129975 of Official Records. 20. No known matters otherwise appropriate to be shown have been deleted from this report, which is not a policy of title insurance but a report to facilitate the issuance of a policy of title insurance. For purposes of policy issuance, terms, if any, may be eliminated on the basis of an indemnity agreement or other agreement satisfactory to the Company as follows: None 21. Matters which may be disclosed by an inspection or by a survey of said land satisfactory to this Company, or by inquiry of the parties in possession thereof. 22. Rights of parties in possession. 23. The requirement that there be filed in the Office of the Secretary of State, a certificate of limited partnership in compliance with provisions of The California Revised Limited Partnership Act, Section 15611 et. seq.. Corporation Code and that a Certified Copy thereof be recorded: File Number: 258110 Page 9 of 12 Name of Limited Partnership: Blackrail, L.P. (End of Exceptions) File Number: 258110 Page 10 of 12 NOTES AND REOUIREMENTS The only conveyance affecting said land, which is shown in the public records within 24 months of the date of this report is Blackrail, LLC, a Delaware Limited Liability Company, as Grantor and Blackrail LP, a CaUfornia Limited Partnership, as Grantee, recorded: August 1, 2008 as File No. 2008-0413153 of Official Records. Matters which may be disclosed by an inspection or by a survey of said land satisfactory to this Company, or by inquiry of the parties in possession thereof. File Number. 258110 Page 11 of 12 CALIFORNIA ^^GOOD FUNDS" LAW California Insurance Code Section 12413.1 regulates the disbursement of escrow and sub-escrow funds by title companies. The law requires that funds be deposited in the title company escrow account and available for withdrawal prior to disbursement. Funds received by Stewart Title of CaUfornia, Inc. via wire transfer may be disbursed upon receipt. Funds received via cashier's checks or teller checks drawn on a California Bank may be disbursed on the next business day after the day of deposit. If funds are received by any other means, recording and/or disbursement may be delayed, and you should contact your title or escrow officer. All escrow and sub-escrow funds received will be deposited with other escrow funds in one or more non- interest bearing escrow accounts in a financial institution selected by Stewart Title of California, Inc.. Stewart Title of California, Inc. may receive certain direct or indirect benefits from the financial institution by reason of the deposit of such funds or the maintenance of such accounts with the financial institution, and Stewart Title of California, Inc. shall have no obligation to account to the depositing party in any manner for the value of, or to pay to such party, any benefit received by Stewart Title of California, Inc.. Such benefits shall be deemed additional compensation to Stewart Title of California, Inc. for its services in connection with the escrow or sub-escrow. If any check submitted is dishonored upon presentation for payment, you are authorized to notify all principals and/or their respective agents of such nonpayment. Wire Instructions If you anticipate having funds wired to Stewart Title of California, Inc., our wiring information is as follows: Additional Note: Direct wire transfers to: Union Bank 530 "B" Street SanDiego, CA 92101 Routing Number: 122-000-496 Credit to Stewart Title of California, Inc. Account Number: 9120054632 Reference Order Number: 25 8110 Title Unit Number: 2286 Title Officer Name: Barbara Richardson When instructing the financial institution to wire funds, it is very important that you reference Stewart Title of California, Inc's order number. Should you have any questions in this regard please contact your title officer immediately. File Number: 258110 Page 12 of 12 4 4STG Privacy Notice 1 (Rev 01/26/09) Stewart Title Companies WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guai'anty Company and its affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm-Leach-Bliley Act (GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and driver's license number. All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday business—to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers' personal information; the reasons that we choose to share; and whether you can limit this sharing. ] Reasons we can share your personal information For our everyday business purposes— to process your transactions and maintain your account. This may include running the business and managing customer accounts, such as processing transactions, mailing, and auditing services, and responding to court orders and legal investigations. Do we share? Yes Can you limit this sharing? No For our marketing purposes— to offer our products and services to you. Yes No For joint marketing with other financial companies No We don't share For our affiliates' everyday business purposes— information about your transactions and experiences. Affiliates are companies related by common ownership or control. They can be financial and nonfmancial companies. Our affiliates may include companies with a Ste^wart name; financial companies, such as Ste^wart Title Company Yes No For our affiliates' everyday business purposes— information about your creditworthiness. No We don't share For our affiliates to market to you Yes No For nonaffiliates to market to you. Nonaffiliates are companies not related by common ownership or control. They can be financial and nonfinancial companies. No We don't share We may disclose your personal information to our affiliates or to nonaffiliates as permitted by law. If you request a transaction with a nonaffiliate, such as a third party insurance company, we will disclose your personal information to that nonaffiUate. [We do not control their subsequent use of information, and suggest you refer to their privacy notices.] Shanngfp ract ices, ; How often do the Stewart Title Companies I notify me about their practices? How do the Stewart Title Companies protect my personal information? How do the Stewart Title Companies collect my personal information? What sharing can I limit? We must notify you about our sharing practices when you request a transaction. To protect your personal information from unauthorized access and use, we use security measures that comply with federal and state law. These measures include computer, file, and building safeguards. We collect your personal information, for example, when you request insurance-related services provide such information to us We also collect your personal information from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other £OTnpanies. ^ _____j Although federal and state law give you the right to limit sharing (e.g., opt out) in certain instances, we do not share your personal information in those instances. Contact US'*' ^ ha.-vt any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company, 1980 Post Oak Blvd., Privacy Officer, Houston, Texas 77056 File No.: 258110 CLTA PRELIMINARY REPORT FORM Stewart Titie Guaranty Company EXHIBIT A (Revised 11-17-04) CLTA PRELIMINARY REPORT FORM (Revised 11-17-06) SCHEDULE B CLTA PRELIMINARY REPORT FORM LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any govemmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal banlauptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE - SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. Rev. 11-7-04 Page 1 of 7 CLTA PRELIMINARY REPORT FORM Stewart Title Guaranty Company 4. Discrepancies, conflicts in boundary Mnes, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. The following matters are expressly excluded from the coverage of this policy and the company will not pay loss or damage, costs, attorneys' fees, or expenses, which arise by reason of: CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10/22/03) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning: a. building b. zoning c. Land use d. improvements on the Land e. Land division f. environmental protection This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date. This Exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. 3. The right to take the Land by condemning it, unless: a. a notice of exercising the right appears in the Public Records at the Policy Date; or b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date - this does not hmit the coverage described in Covered Risk 7, S.d, 22, 23, 24 or 25. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not hmit the coverage described in Covered Risk 11 or 18. LIMrrATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: * For Covered Risk 14, 15, 16 and 18, Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Your Deductible Amount Our Maximum Dollar Limit of Liability Covered Risk 14: 1% of Policy Amount or $2,500.00 $10,000.00 (whichever is less) Covered Risk 15: 1% of Policy Amount or $5,000.00 $25,000.00 (whichever is less) Covered Risk 16: 1 % of Policy Amount or $5,000.00 $25,000.00 (whichever is less) Covered Risk 18: 1% of Policy Amount or $2,500.00 $5,000.00 (whichever is less) AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: Rev. 11-7-04 Page 2 of 7 CLTA PRELIMINARY REPORT FORM Stewart Title Guaranty Company 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: land use improvements on the land land division environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless: a notice of exercising the right appears in the public records on the Policy Date the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking 3. Title Risks: that are created, allowed, or agreed to by you that are known to you, but not to us, on the Policy Date - unless they appeared in the public records that result in no loss to you that first affect your title after the Policy Date - this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: to any land outside the area specifically described and referred to in Item 3 of Schedule A OR in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT - FORM 1 COVERAGE The following matters are expressly excluded from the coverage of this policy and the company will not pay loss or damage, costs, attorney's fees or expenses which arise by reason of: 1. (a) Any law, ordinance or govemmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at date of policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at date of pohcy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at date of policy, but not excluding from coverage any taking which has occuired prior to date of pohcy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) Not known to the company, not recorded in the public records at date of policy, but known to the insured claimant and not disclosed in writing to the company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to date of policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or to the extent insurance is afforded herein as to the assessments for street improvements under construction or completed at date of policy); or (e) resulting in loss or damage, which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at date of policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 5. InvaUdity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to date of policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at date of policy the insured has advanced or is obligated to advance. Rev. 11-7-04 Page 3 of 7 CLTA PRELIMINARY REPORT FORM Stewart Title Guaranty Company 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: I. The transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or n. The subordination of the interest of the insured mortgagee as a result of the application of the doctrine or equitable subordination; or m. The transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to tiinely recorded the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. The above policy forms may be issued to afford either standard coverage or extended coverage. In addition to the above exclusions from coverage, the exceptions from coverage in a standard coverage policy will include the following General Exceptions: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) unpatented mining claims; (b) reservations or exceptions in patents or in acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or govemmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or govemmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any govemmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, hens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the hisured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing- business laws of the state where the Land is situated, 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law, 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the Uen of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or Rev. 11-7-04 Page 4 of 7 CLTA PRELIMINARY REPORT FORM Stewart Titie Guaranty Company (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy, 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records, This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b), AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the company will not pay loss or damage, cost, attorneys' fees or expenses, which arise by reason of: 1. (a) Any law, ordinance or govemmental regulation (including but not Umited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, Uen or encumbrance resulting from a violation or alleged violaUon affecUng the land has been recorded in the public records at date of policy, (B) any govemmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecUng the land has been recorded in the public records at date of policy, 2, Rights of eminent domain unless noUce of the exercise thereof has been recorded in the public records at date of policy, but not excluding from coverage any taking which has occurred prior to date of policy which would be binding on the rights of a purchaser for value without knowledge. 3, Defects, liens, encumbrances, adverse claims or other matters: (A) Created, suffered, assumed or agreed to by the insured claimant; (B) Not known to the company, not recorded in the public records at date of policy, but known to the insured claimant and not disclosed in writing to the company by the insured claimant prior to the date the insured claimant became an insured under this policy; (C) Resulting in no loss or damage to the insured claimant; (D) Attaching or created subsequent to date of policy; or (B) Resulting in loss or damage, which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors rights laws, that is based on: I, The transaction creaUng the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or n. The U-ansaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (A) To Umely record the instrument of transfer; or (B) of such recordaUon to impart notice to a purchaser for value or a judgment or lien creditor. The above policy forms may be issued to afford either standard coverage or extended coverage, hi addition to the above exclusions from coverage, the excepUons from coverage in a standard coverage policy will include the following general excepUons: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as exisUng liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records proceedings by a puWic agency which may result in taxes or assessments, or noUces of such proceedings, whether or not shown by the records of such agency or by the public records, 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspecUon of the land or by making inquiry of persons in possession thereof, 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records, 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a coiTCCt survey would disclose, and which are not shown by the public records. 5. (a) unpatented mining claims; (b) reservaUons or exceptions in patents or in acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 2006 ALTA OWNER'S POLICY (06-17-06) Rev, 11-7-04 Page 5 of 7 CLTA PRELIMINARY REPORT FORM Stewart Title Guaranty Company EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any govemmental police power. This Exclusion 1 (b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title, 4. Any claim, by reason of the operation of federal bankj-uptcy, state insolvency, or similar creditors' rights laws, that the U-ansaclion vesting the Titie as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of PoUcy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Titie as shown in Schedule A. ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01) EXCLUSIONS FROM COVERAGE The foUowing matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys fees or expenses which arise by reason of 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the Land; (iii) a separation in ownership or a change in the dimensions or areas of the Land or any parcel of which the Land is or was a part; or (iv) environmental protecUon, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that s notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecUng the Land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14, and 16 of this policy, (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, Uen or encumbrance resulting from a violation or alleged violation affecting the Land has been recorded in the Public Records at Date of Policy, This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14, and 16 of this policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the Public Records at Date of Policy, but not excluding from coverage any taking which has occulted prior to Date of Policy which would be binding on the rights of a purchaser for value without Knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Lisured Claimant prior to the date the Insured Claimant became an hisured under this policy; (c) resulting In no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (this paragraph does not limit the coverage provided under Covered Risks 8, 16, 18, 19, 20, 21, 22, 23, 24, 25 and 26); or (e) resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the hsured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of the Insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the Land is situated. 5. Invalidity or unenforceability of the lien of the Insured Mortgage, or claim thereof, which arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, except as provided in Covered Risk 27, or any consumer credit protection or truth in lending law. 6. Real property taxes or assessments of any governmental authority which become a lien on the Land subsequent to Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 7, 8(e) and 26, Rev, 11-7-04 Page 6 of 7 CLTA PRELIMINARY REPORT FORM Stewart Title Guaranty Company 7, Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the hisured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This exclusion does not limit the coverage provided in Covered Risk 8. 8, Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and al! interest charged thereon, over liens, encumbrances and other matters affecting the titie, the existence of which are Known to the Insured at: (a) The time of the advance; or (b) The time a modification is made to the ternis of the hisured Mortgage which changes the rate of interest charged, if the rate of hiterest is greater as a result of the modification than it would have been before the modification. This exclusion does not limit the coverage provided in Covered Risk 8, 9, The failure of the residential structure, or any portion thereof to have been consUucted before, on or after Date of Policy in accordance with applicable building codes. This exclusion does not apply to violations of building codes if notice of the violation appears in the PubUc Records at Date of Policy, Rev, 11-7-04 Page 7 of 7 EXHIBIT "A" LEGAL DESCRIPTION ORDERNO.: 258110 ESCROW NO.: Black Rail/Tract 15676 The land referred to herein is situated in the State of California County of San Diego, and described as follows: Lots 1 through 16, inclusive. City of Carlsbad Tract No. 04-01, in the City of Carlsbad, County of San Diego, State of CaUfornia, as per Map 15676, recorded March 11, 2008 in the office of the county recorder of said county. Assessor's Parcel Numbers: 215-041-30; 215-041-31; 215-041-32; 215-041-33; 215-041-34; 215-041-35; 215-041-36; 215-041-37; 215-041-38; 215-041-39; 215-041-40; 215-041-41; 215-041-42; 215-041-43; 215-041-44; 215-041-45 FileNumber: 258110 Exhibit A Legal Description Title Page 1 of 1 o « H (t (D 0 n 0 s a ro Co t) ft) to tl) (J tn tn 0 H I M (!) O •saoNVNiaMo oNiaiina yo NoisiAiasns nvoon HUM Aidwoo ION AviAi siHOHVd -NMOHs vivQ Bf^i JO Aovynoov 3HX yod aawnssv si Ainiavn ON AINO saOTgrand H0N3^ad3y yod assn aa ainoHs dvw smi sm tXEco couKtr ASSESSOR'S MAP I 215-04 A SHT 2 OF 4 Iff 1" = 100' JL 07/21/2008 ED .NG -ES BUC pmt AW mem ffi CUTW Oil 01 tm tt sa lOS -QiD-M 12 Tmi27 OJ AJ foil tl jrwc Oi sen atos 2Bk29 « 204* w STOP WIT -IHO-OS J0MU*5 09 OB 1» OPEN SPACE 2« RES FOR FUT ST 3» ST CLSD MAP 15676-CARLSBAD TCT NO 04-01 YAMAMOTO PROPERTY MAP 14440-CARLSBAD TCT NO 00-13 CARLSBAD TCT NO 92-3 AVIARA PHASE III UNIT NO 7 J MAP 13513 ^ CITY OF CARLSBAD STORM WATER COMPLIANCE FORM - TIER 3 CONSTRUCTION SWPPP E-31 Development Services Engineering Department 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov I am applying to the City of Carlsbad for the following type of construction permit(s): JEl Grading Permit • Building Permit • Right-of-Way Permit My project requires preparation and approval of a Tier 3 Construction Storm Water Pollution Prevention Plan (SWPPP) because my project meets one or more of the following criteria demonstrating that the project potentially poses a significant threat to stonn water quality: My project includes clearing, grading or other disturbances to the ground resulting in soil disturbance totaling one or more acres including any associated construction staging, equipment storage, stockpiling, pavement removal, refueling and maintenance areas; or. My project is part of a phased development plan that will cumulatively result in soil disturbance totaling one or more acres including any associated construction staging, equipment storage, stockpiling, pavement removal, refueling and maintenance areas; or, My project is located inside or within 200 feet of an environmentally sensitive area and has a significant potential for contributing pollutants to nearby receiving waters by way of storm water runoff or non-storm water discharge(s). I CERTIFY TO THE BEST OF MY KNOWLEDGE THAT THE ABOVE CHECKED STATEMENTS ARE TRUE AND CORRECT. I AM SUBMITTING FOR CITY APPROVAL A TIER 3 CONSTRUCTION SWPPP PREPARED IN ACCORDANCE WITH CITY STANDARDS AND THE REQUIREMENTS OF THE STATE WATER RESOURCES CONTROL BOARD GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES - WATER QUALITY ORDER NO 99-08-DWQ (GENERAL CONSTRUCTION PERMIT) AND ANY AMENDMENT, REVISION OR RE-ISSUANCE THEREOF. I UNDERSTAND AND ACKNOWLEDGE THAT I MUST SUBMIT THE CITY APPROVED TIER 3 CONSTRUCTION SWPPP TO THE SAN DIEGO REGIONAL WATER QUALITY CONTROL BOARD TOGETHER WITH A NOTICE OF INTENTION (NOI), AN APPROPRIATE FILING FEE AND OTHER REQUIRED DOCUMENTATION AND RECEIVE A STATE WASTE DISCHARGER'S IDENTIFICATION (WDID) NUMBER PRIOR TO CITY ISSUANCE OF THE ABOVE REQUESTED CONSTRUCTION PERMIT(S). 1 ALSO UNDERSTAND AND ACKNOWLEDGE THAT I MUST ADHERE TO, AND AT ALL TIMES, COMPLY WITH THE CITY APPROVED TIER 3 CONSTRUCTION SWPPP THROUGHOUT THE DURATION OF THE CONSTRUCTION ACTIVITIES UNTIL THE CONSTRUCTION WORK IS COMPLETE AND APPROVED BY THE CITY OF CARLSBAD. Address: ^ (y O C Assessor's Parcel INumber(sJ: Applicant Information and Signature Box Assessor's Parcel Number(s): Applicant Name: Applicant Signature: Applicant Title: Date: This Box for City Use Only City Concurrence: Yes No By; Date; Project ID; E-31 Page 1 of 1 REV 8/12/09 CITY OF CARLSBAD CONSTRUCTION THREAT ASSESSMENT WORKSHEET FOR DETERMINATION OF PROJECT'S PERCEIVED THREAT TO STORM WATER QUALITY E-33 Development Services Engineering Department 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov Construction SWPPP Tier Level Construction Threat Assessment Criteria* Perceived Threat to Storm Water Quality Tiers Tier 3 - Hiah Constmction Threat Assessment Criteria High Tiers • Project site is 50 acres or more and grading will occur during the rainy season • Project site is 1 acre or more in size and Is located within the Buena Vista or Agua Hedionda Lagoon watershed, inside or within 200 feet of an environmentally sensitive area (ESA) or discharges directly to an ESA • Soil at site is moderately to highly erosive (defined as having a predominance of soils with USDA-NRCS Erosion Actors kf greater than or equal to 0.4) • Site slope is 5 to 1 or steeper • Construction is initiated during the rainy season or will extend into the rainy season (Oct. 1 through April 30). • Owner/contractor received a Storm Water Notice of Violation within past two years High Tiers Tier 3 - Medium Constmction Threat Assessment Criteria Medium Tiers ^ All projects not meeting Tier 3 High Constmction Threat Assessment Criteria Medium Tier 2 Tier 2 Hiah Constmction Threat Assessment Criteria • Project is located within the Buena Vista or Agua Hedionda Lagoon watershed, inside or within 200 feet of an environmentally sensitive area (ESA) or discharges directly to an ESA • Soil at site is moderately to highly erosive (defined as having a predominance of soils with USDA-NRCS Erosion factors kf greater than or equal to 0.4) • Site slope is 5 to 1 or steeper • Construction is initiated during the rainy season or will extend into the rainy season (Oct. 1 through April 30). • Owner/contractor received a Storm Water Notice of Violation within past two years • Site results in one half acre or more of soil disturbance High Tier 2 Tier 2 - Medium Construction Threat Assessment Criteria Medium Tier 2 • All projects not meeting Tier 2 High Construction Threat Assessment Criteria Medium Tierl Tier 1 - Medium Insoection Threat Assessment Criteria Medium Tierl • Project is located within the Buena Vista or Agua Hedionda Lagoon watershed, within or direclly adjacent to an environmentally sensitive area (ESA) or discharges directly to an ESA • Soil at site is moderately to highly erosive (defined as having a predominance of soils with USDA-NRCS Erosion factors kf greater than or equal to 0.4) • Site slope is 5 to 1 or steeper • Construction is initiated during the rainy season or will extend into the rainy season (Oct. 1 through April 30). • Owner/contractor received a Stomn Water Notice of Violation within past two years • Site results in one half acre or more of soil disturbance Medium Tierl Tier 1 - Low Inspection Threat Assessment Criteria • All projects not meeting Tier 1 Medium Constmction Threat Assessment Criteria Low Exempt - Not Applicable -Exempt * The city engineer may authorize minor variances from the construction threat assessment criteria in special circumstances where it can be shown that a lesser or higher amount of stonn water compliance inspection is warranted in the opinion ofthe city engineer E-33 Page 1 of 1 REV 8/12/09 1 oM 4 • • ^ PROJECT THREAT y^^x ASSESSMENT WORKSHEET Development Services FOR DETERMINATION OF Engineering Department ^ CITY OF CONSTRUCTION SWPPP 1635 Faraday Avenue r^ARI ^RAD TIER LEVEL 760-602-2750 v-»/^I\L-JIJA%L^ £.32 www.carlsbadca.gov Project Storm Water Threat Assessment Criteria* Construction SWPPP Tier Level Sionificant Threat Assessment Criteria ^ My project includes clearing, grading or other disturbances to the ground resulting in soil disturbance totaling one or more acres including any associated construction staging, equipment storage, stockpiling, pavement removal, refueling and maintenance areas; or, • My project is part of a phased development plan that will cumulatively result in soil disturbance totaling one or more acres including any associated construction staging, equipment storage, refueling and maintenance areas; or, • My project is located inside or within 200 feet of an environmentally sensitive area (see city ESA proximity map) and has a significant potential for contributing pollutants to nearby receiving waters by way of storm water runoff or non-storm water discharge(s). Tier 3 Moderate Threat Assessment Criteria My project does not meet any of the significant threat assessment criteria described above and meets one or more of the following criteria: • Project requires a grading plan pursuant to the Carlsbad Grading Ordinance (Chapter 15.16 of the Carlsbad Municipal Code); or, • Project will result in 2,500 square feet or more of soils disturbance including any associated construction staging, stockpiling, pavement removal, equipment storage, refueling and maintenance areas and project meets one or more of the additional following criteria: • located within 200 feet of an environmentally sensitive area or the Pacific Ocean; and/or, • disturbed area is located on a slope with a grade at or exceeding 5 horizontal to 1 vertical; and/or • disturbed area is located along or within 30 feet of a storm drain inlet, an open drainage channel or watercourse; and/or • construction will be initiated during the rainy season or will extend into the rainy season (Oct. 1 through April 30). Tier 2 Low Threat Assessment Criteria • My project does not meet any of the significant or moderate threat criteria, is not an exempt permit type (see city's list of permit types exempt from construction SWPPP requirements) and project meets one or more ofthe following criteria: • results in some soil disturbance; and/or • includes outdoor construction activities (such as roofing, saw cutting, equipment washing, material stockpiling, vehicle fueling, waste stockpiling) Tierl No Threat Proiect Assessment Criteria • My project is in a category of permit types exempt from city construction SWPPP requirements (see city's list of permit types exempt from construction SWPPP requirements) and/or does not meet any of the high, moderate or low threat criteria described above. Exempt * The city engineer may authorize minor variances from the storm water threat assessment criteria in special circumstances where it can be shown that a lesser or higher construction SWPPP tier level is warranted in the opinion of the city engineer E-32 Page 1 of 1 REV 8/12/09 i.4 APPENDIX A STORM WATER STANDARDS QUESTIONNAIRE INSTRUCTIONS: This questionnaire must be completed by the applicant in advance of submitting for a development application (subdivision and land use planning approvals and construction permits). The results of the questionnaire detemiine the level of storm water pollution prevention standards applied to a proposed development or redevelopment project. Many aspects of project site design are dependent upon the storm water pollution protection standards applied to a project. Applicant responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts. City staff has responsibility for making the final assessment after submission of the development application. A staff determination that the development application is subject to more stringent storm water standards, than initially assessed by the applicant, will result in the return of the development application as incomplete. If applicants are unsure about the meaning of a question or need help in detennining how to respond to one or more of the questions, they are advised to seek assistance from Engineering Department Development Services staff. A separate completed and signed questionnaire must be submitted for each new development application submission. Only one completed and signed questionnaire is required when multiple development applications for the same project are submitted concurrently. In addition to this questionnaire, applicants for construction pemnits must also complete, sign and submit a Construction Activity Storm Water Standards Questionnaire. To address pollutants that may be generated from new development, the City requires that new development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management Practices (BMPs) into the project design, which are described in Chapter 2 ofthe City's Stomn Water Standards Manual This questionnaire ishould be used to categorize new development and significant redevelopment projects as priority or non-priority, to determine what level of stonn water standards are required or if the project is exempt. 1. Is your project a significant redevelopment? Definition: Significant redevelopment is defined as the creation, addition or replacement of at least 5,000 square feet of impen/ious surface on an already existing developed site. Significant redevelopment includes, but is not limited to: the expansion of a building footprint; addition to or replacement of a structure; structural development including an increase in gross floor area and/or exterior construction remodeling; replacement of an impervious surface that is not part of a routine maintenance acth/ity; and land disturbing activities related with structural or impen/ious surfaces. Replacement of impen/ious surfaces includes any activity that is not part of a routine maintenance activity where impervious material(s) are removed, exposing underlying soil during construction. Note: If the Significant Redevelopment results in an increase of less than fifty percent ofthe impervious surfaces of a previously existing development, and the existing development was not subject to SUSMP requirements, the numeric sizing criteria discussed in Table 3 of 2.3.3.4 applies only to the addition, and not to the entire development. 2. If your project IS considered significant redevelopment, then please skip Section 1 and proceed with Section 2. 3. If your project IS NOT considered significant redevelopment, then please proceed to Section 1. 21 SWMP Rev 6/4/08 SECTION 1 NEW DEVELOPIMENT PRIORITY PROJECT TYPE Does you project meet one or more of the following criteria: YES NO 1. Home subdivision of 100 units or more. Includes SFD, MFD, Condominium and Apartments X 2. Residential development of 10 units or more. Includes SFD, MFD, Condominium and Apartments X 3. Commercial and industrial development areater than 100.000 sauare feet includina oarkina areas. Any development on private land that is not for heavy industrial or residential uses. Example: Hospitals, Hotels, Recreational Facilities, Shopping Mails, etc. X 4. Heaw Industrial/ Industn/areater than 1 acre (NEED SIC CODES FOR PERMIT BUSINESS TYPES^ SIC codes 5013, 5014, 5541, 7532-7534, and 7536-7539 X 5. Automotive reoair shoD. SIC codes 5013, 5014, 5541, 7532-7534, and 7536-7539 6. A New Restaurant where the land area of development is 5.000 sauare feet or more includina parkina areas. SIC code 5812 X 7. Hillside develooment (1) greater than 5,000 square feet of impervious surface area and (2) development will grade on any natural slope that is 25% or greater X 8. Environmentallv Sensitive Area (ESA). Impervious surface of 2,500 square feet or more located within, "directly adjacent"^ to (within 200 feet), or "discharging directly to"^ receiving water within the ESA^ X 9. Parkina lot Area of 5,000 square feet or more, or with 15 or more parking spaces, and potentially exposed to urban runoff X 10. Retail Gasoline Outlets - servina more than 100 vehicles per dav Sen/ing more than 100 vehicles per day and greater than 5,000 square feet X 11. Streets, roads, drivewavs. hiahwavs, and freewavs. Project would create a new paved surface that is 5,000 square feet or greater. X 12. Coastal Development Zone. Within 200 feet of the Pacific Ocean and (1) creates more than 2500 square feet of impenneable surface or (2) increases impermeable surface on property by more than 10%. X 1 Environmentally Sensitive Areas include but are not limited to all Clean Water Act Section 303(d) impaired water bodies; areas designated as Areas of Special Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water bodies designated with the RARE beneficial use by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); areas designated as preserves or their equivalent under the Multi Species Conservation Program within the Cities and Count of San Diego; and any other equivalent environmentally sensitive areas which have been identified by the Copennittees. 2 "Directly adjacent" means situated within 200 feet of the environmentally sensitive area. 3 "Discharging directly to" means outflow from a drainage conveyance system that is composed entirely of flows from the subject deyelopment or redevelopment site, and not commingled with flow from adjacent lands. Section 1 Results: If you answered YES to ANY of the questions above you have a PRIORITY project and PRIORITY project requirements DO apply. A Storm Water Management Plan, prepared in accordance with City Storm Water Standards, must be submitted at time of application. Please check the "MEETS PRIORITY REQUIREMENTS" box in Section 3. If you answered NO to ALL of the questions above, then you are a NON-PRIORITY project and STANDARD requirements apply. Please check the "DOES NOT MEET PRIORITY Requirements" box in Section 3. SWMP Rev 6/4/08 SECTION 2 SIGNIFICANT REDEVELOPMENT: YES NO 1. Is the project redeveloping an existing priority project type? (Priority projects are defined in Section 1) X Ifyou answered YES, please proceed to question 2. If you answered NO, then you ARE NOT a significant redevelopment and you ARE NOT subject to PRIORITY project requirements, only STANDARD requirements. Please check the "DOES NOT MEET PRIORITY Requirements" box in Section 3 below. 2. Is the project solely limited to one of the following: a. Trenching and resurfacing associated with utility work? X b. Resurfacing and reconfiguring existing surface parking lots? X c. New sidewalk constmction, pedestrian ramps, or bike lane on public and/or private existing roads? X d. Replacement of existing damaged pavement? X If you answered NO to ALL of the questions, then proceed to Question 3. If you answered YES to ONE OR MORE of the questions then you ARE NOT a significant redevelopment and you ARE NOT subject to PRIORITY project requirements, only STANDARD requirements. Please check the "DOES NOT MEET PRIORITY Requirements" box in Section 3 below. 3. Will the development create, replace, or add at least 5,000 square feet of impervious surfaces on an existing development or, be located within 200 feet of the Pacific Ocean and (1)create more than 2500 square feet of impermeable surface or (2) increases impermeable sur^ce on property by more than 10%? X Ifyou answered YES, you ARE a significant redevelopment, and you ARE subject to PRIORITY project requirements. Please check the "MEETS PRIORITY REQUIREMENTS" box in Section 3 below. If you answered NO, you ARE NOT a significant redevelopment, and you ARE NOT subject to PRIORITY project requirements, only STANDARD requirements. Please check the "DOES NOT MEET PRIORITY Requirements" box in Section 3 below. SECTION 3 Questionnaire Results MY PROJECT MEETS PRIORITY REQUIREMENTS, MUST COMPLY WITH PRIORITY PROJECT STANDARDS AND MUST PREPARE A STORM WATER MANAGEMENT PLAN FOR SUBMITTAL AT TIME OF APPLICATION. MY PROJECT DOES NOT MEET PRIORITY REQUIREMENTS AND MUST ONLY COMPLY WITH STANDARD STORM WATER REQUIREMENTS. Applicant Information and Signature Box This Box for Cily Use Only Address: Assessors Parcel Number(s): SE Cor. of Black Rail & Songbird 215-041-30 thru 45 City Concurrence: YES NO Address: Assessors Parcel Number(s): SE Cor. of Black Rail & Songbird 215-041-30 thru 45 Applicant Name: Applicant Title: By: Applicant Title: Date: Applicant Signature: Date: Project ID: - ""^-^— Date: SWMP Rev 6/4/08 ENGINEERING Professional Civil Engineers and Land Survejors June 16,2004 Mt. John Masshoff Engineering Department City of Cadsbad 1635 Faraday Avenue Carisbad, CA 92008-7314 RE: YAMAMOTO SUBDIVISION, CT 04-01 RECEIVED JUL 1 6 200^1 CITY OF CARLSBAD PLANNING DEPT. John, As you requested here are the sight distance calculation for the proposed vertical curve on Surf Crest as shown on the tentative map for the above project. All calculations are based on AASHTO-Geometric Design of Highways and Streets. Copies of the relevant charts ate attached and graphs are attached heieto. Given: Design Speed= 30 Mph AD Crest Vertical Curve, A = 5.5 - (-6.95) = 12.45% Sheet 3, TTM CT04-01 Stopping Sight Distance, S = 200 ft AASHTO-Geometric Design of Highways and Streets, Exhibit 3-76 Then: L= ASV2158 = 230.77 ft AASHTO-Geometric Design of Highways and Streets, Exhibit 3-74 The above calcidation is based on an eye height of 3.5 ft and an object height of 2.0 ft. This is appropriate for the height of a stopped car's bumper ot btake lights. However, if the object height is reduced to 0.5 ft, which I believe is more appropriate for a lesidential street, the calculation becomes, L = ASV(100([2x3.5]»/2-l-[2x0.5]'/2)2) = ASV1329 = 374.7 ft This will require the design speed to be teduced to 25 Mph. and the stopping sight distance to 155 ft. then: L = ASV(100([2x3.5]'''2+[2x0.5]i/2)2) = ASV1329 = 225.1 ft The length of cutve shown on the Tentative Map is 250 ft which exceeds the minimum length tequited, but it would be my tecommendation that the design speed be 25 MPH ot less. Should you have any questions please call me. Sincetely, Michael L. Benesh, RCE 37893 Reg. Expites 3/31/05 600 S. ANDREASEN DRIVE • SUITE E • ESCONDIDO, CA 92029 PHONE: 760 741-3577 • FAX: 760 897-2165 • E-MAIL: MLBENESH@PACBELL.NET curves. A long curve has a more pleasing appearance than a shon one; short veitical curve* n»y give the appearance of a sudden l«e^ in Ihe profile due to the effect of foreshortening. Drainage of curbed roadways on sag vertical curves (Type HI in Exhibit 3-73) nseds carefii! profile design to »etain a grade of not less than 0.5 percent or, in some cases. 0.30 peicent for the outer e<l^ of the roadway. Although not desirable, flatter grades may be appropriate in some sitoadons. Forj $in5)licity, a parabolic curve with an equivalent vertical axis centered on the verbal pewit of intersection (VPI) is usually used in roadv>n»y profile design. The vertical offsets fijom the tangent vary as the square of die hodzontal distance from the curve end (point of tangency). The vertical <rf&at firom the tangent grade at any point along the curve is calculated as a pr^wrtion of the vertical offeel at the VPI. which is AL/800. wtere dw symbols are as shown in Bxidbit 3-73. The raie of change of grade at successive points on the cutve is a constant amcttmt for equal iociemaits <rf horizomal distuice. and is ecpial to the algelwaic differKK* brtween inteisectia® tangent grades dSvided by die length of curve in meters [feet], or A/L in petcent per meter [percent pw foot]. The ledproeal VA is the horizontal distance in meows (feet] needed to make a i-p«ccnt chuige in gradient and is. therefore, a measure of curvature. The quantity UA, tenned •'K." is useful in detennining the horizontal distance firom the veitical point of curvature (VPC) to the high Jjoint of Type I curves or to the low point of Type III curves- This point where the sl^ is zero oecurs at a distance from the VPC equal to K times the approach ^adient. The value of K is also u^ul in detennining miniinum lengths of vertical curves for various design speeds. Other detuls on parabolic vertical curves are found in textbooks on hi^way engineering. On (jenaitt occasions, because of critical clearance or other conixols, the use of asytnmetiical vertical curves nay be approfHiate. Because the conditions under which such curves are apptopriake are infrequent, the derivation and use of the relevant equations have not been included herein. For use in such Itnuted in^anees. refer to asymmetrical curve data found in a nuixdser o]f tughway engineering texts. Crest Vertical Curves Minimum lengdis of crest vertical owes based on sight distance criteria generally are satisSacto^ firom die standpdnt of safety, comfort, and appearance. An excepdon may be at decision 4reas, such as sight distance to ran^ exit goies» where kmger lengths are needed; for fiutho^ infjbtmatifm, refer to the section of diis chapter concerning decisitn sif^ distance. Exhibit 3-74 ilhistrates the parameters used in detennining the length of a parabolic crest vertical Ciirve needed to provide any specified v^lue of sight distance. The basic equations for length of 4 crest veitical curve in terms of algebraic difference in gntde and sight distance follow: 270 Eleitunts if Design r Metric 1 AS'' 1 100(J2K+-J2jfr -| usCu«*<xn«Y T WheoS»waaflw»U 1 AS' (3^) 1 f i When 8 IB greater ttian L, ;L^25- -J -4— whwisa ideate'*an*- 1 where: (3-44) 1 t i= lengthofverfca!curve.m; S U «sihtdWance.m: A i- algrtxaict^terenceinyades. ! percent hii- heigMofBy««*»wroadway ^21=. height of object above roadway surface, m 1. s length of verticaiciffve.m: S s dtstancAt m; A = algBbtefedHfefsncem grades. percent; h, = height of eye above roadiway suitace.m; . ha = height of object above roadway surface, m E]il^lvt3-74. Fannveten Considered In Detennimng the Lee«li. of . Crtsl Vertieal Cerve to ProvUtB Sg^ Distance L. b»sh. of of « 1.030 I 27/ AA$HTO-~Geomctric Design of Highniwys and Streets Metric US Customary When S is less than L, 658 When S is less than L 2158 iA/hen S is gt^terlhan L. i A When S tegreawihan L , ,^ 2158 (3^) L=2S A a»iitnlh—9lopsiaig s^t^ dfatancr. the mininuim ieiigdis d vertical curves for different j^^aesef A to provide the inininmmstiop^^ shown ii^Exhibh 3-7S. The scdid lines givci the minlnmm vertical curve lengths, on the baMs of rounded faloes of K as detenmned foxnEquttkns (^5) and (3-46). Tbe that to thi A, is a value is cmtndiii need not fieolitatec diflferenoi compari shon dashed curve at the knver lefk. crosaliig these lines, indicates where S « L. Note ri^ of the S = L lite, the value K. or length Off veiticd curve per pen»at cfaan^ le and convenieat atfteaucM of tfae design eontiol. For (tesign qieed this sxag^ positive wtiofe nuniiber ttiat is indio^t'e of tbe iMe oi veitical curvature. The design terms of K covm aS condiiiiations of A and ]U for any ooe design qwed; tiius. A and >e indicated sepaxately ia a tabolatioe cf design value. Hie sdectkn oi deriga curves is because the nHnimnm length of curve in mMcis Ifeet] is equal to K times the algebraic in grades in percent, L a KA Conversely, tfw checking af plans is dnqilified by all curves with the design value for K. Whe^ (as showr A Ihe reIationsii|lp vemieal of A. distinction vettical in 3V1. vortical veitical cipve, Vahies curves idlomeias wbee lilies 272 Exhibit 3-76 shows the con^Hited K values for lengths of vertical curves conespmding to die sto|^ ng $i$ht distUKes shown in BxhilMt 3-1: for each design speed. For direct use in design, valnes of K are rounded as diown in tbe right colimm. The rounded values of K are plotted as the sdki line i in Exhibit 3-75. These romided values of tC are lugfaer than con^Mited values, but tfae differences are not significant S is gre^ than L (lower left in fohibit 3-7S). dMS eomfiiifed values plot as a curve by die dashed Kn? for 70 km^ [45 toflhj) tim bemfe to die 1^ and ftM^ snail values of cOTve lengths are zero because the sight line puses over the point This does not rqpceseat desiiable dedgn piaetiee. Most Slates nse a mininnui loigth of eiqiressed as Otiier a aagle vahie. • range for diffisrem dedgn i^ieeds. or a now in nse range from about 3(^ to 100 m {100 to 325 ft). To recognize Oe io design speed «nd to apprcadtmte Ae imnge of cunent practice, minimum lengths of are ej^Hi^ed as about 0.6 times tte dadgn ^eed in kmA). Liite « 0 per hour and L is in meters, or about three times the de»gn speed in PML •= V is in miles per boor and L is in feet These temnnal adgustraents idKyw as tfae at tbe lower left of Exlx^t 3-7S. AASHTO^am&ric Design af Highways and Stress Desigri speed; jssm. Stopping sight distance Rate of vertical curvatiffe. 1^ (m) Claieoiated Qeeign Ug Customary Design ^>eed (mph) Stoppsig distance Rate of vertical cimture. K* Catouteteci Design 20 30 40 50 60 70 80 90 100 110 120 130 20 35 50 65 85 105 130 160 185 220 250 Q£ 15 3£ BA 11.0 16JR 25.7 38i) 52.0 Tae 95.0 123.4 1 2 4 7 11 17 26 39 52 74 95 124 15 20 25 30 35 40 45 50 55 60 66 70 75 80 80 116 155 200 250 305 360 42S 495 570 645 730 820 910 3-0 6-1 11,1 18.S 29-0 43.1 60.1 83.7 113.5 150.6 192.B 246.9 311.6 383.7 3 7 12 19 29 44 61 84 114 161 193 247 312 384 RaM bf vertical cirvalura. K, is the length of cun« per peioera algebraic imers acting grades (A). KmUA Edubli The 3.76. Controls for Stopping Sight Distance aad for Civst «ad S«g Vertical Curves- values of K derived above when S is less than L also ean be used without ngnificant error wMae S is greuer than L. As shown in Bidubit 3-75. extension of tfae diagonal lines to mett the veiti »1 lines for minimimi lengths of veztieal curves results in appnsd^ile differences from the theo etical only wboe A is snail and littfe or no additional cost is involved in bbtaiiriag longer vlitieal curves- veuele For roadway untilTmiT 2 First, intensi^ reduced length 0 distance rcgardlc^ curves, shadowejd night driving on highways without liglding, tbe length of visiUe roadway is that tiiat is direct^ illmrimated by the headlig^ of;the veiiiele. Fer certain conditions, the stopping ught distance vahie* wved for design exceed tbe length of visiUe roadway, headlights have limitations on the distance over wliich they can project tfae levels that are needed for idsibility. When headliglits are operated OD low beams, the candlqKjwar at tfie sooree plus tbe downward pRgectiOD ai^ agnifiamdy restrict the visiUe roadway soifoce. Ibus. particularly for hi^b>^eed coedltioin. stoppng values exceed road-soz&ce visibili^ disiaaces afforded by the low-beam headlights ctf wiwdttr the roadway pK^fe is level or curving venkaDy. Second, for c^ t area forwanl of die hradlj^ beam's point of tangency mtb the roadway surface is md receives <mly bicfirect HImniiiation. Sin e tie headH^ mountiivi; hd^ (typically abott 600 nmi [2 ft]) is kniver tim eye beig \a used for deagp (1,060 mm [3,5 ft]}, tiie agbt distance to an fllumhiated object is cQMroIkii by tiie faei^ of die vehicle hradlights latiiCT tiian by tiie direct liiie of sigbL Any otject w ittun tiie shadow zone mat be high enougjh to extend into the head%ht beam to be direct]^: Uunuaaifid. OB tiie basis «f Equation (3-43). tiie bottom of tiie headli^ beam is about 274 tlemenix o} Ifcugn MEnoc El blblt 3-75. Desf^B Coittceis for €>est Vertical Cum»>—Open Road Coedlfjons 27J Ultra-Urban BMP - FHWA cS Page 1 of 7 F&deiai Highway AdminiSttation FHWA Home I Feedback FHWA > HEP > Environment > Natural > Water > Publications Table of Contents Next ^ Environment ^Preyipu_s Stormwater Best Management Practices in an Ultra-Urban Setting: Selection and Monitoring Fact Sheet - Porous Pavements Porous pavements have the potential to be an effective ultra-urban BMP. While conventional pavement results in increased rates and volumes of surface runoff, porous pavements allow some ofthe stormwater to percolate through the pavement and enter the soil below. The types of porous pavements used include porous asphalt and concrete surfaces, as well as several types of lattice pavers, which are hollow concrete blocks or stones (Figure 26). Porous pavements work by allowing streets, parking lots, sidewalks, and other impervious covers to retain their natural infiltration capacity while maintaining the structural and fiinctional features ofthe materials they replace. Figure 26. Types of grid and modular pavements (Virginia Soil and Water Commission, 1990) Applicability In many instances porous pavements can be used In place of conventional asphalt or concrete in an ultra-urban environment. They are generally not suited for areas with high traffic volumes or loads. Composite designs that use http://www.fhwa.dot.gov/environment/ultraurb/3fsl5.htm 6/21/2004 Ultra-Urban BMP - FHWA Page 2 of 7 conventional asphalt or concrete in high-traffic areas adjacent to porous pavements along shoulders or in parking areas have, however, been designed (Figure 27). Generally, porous pavements are most often used in the construction of parking areas for office buildings, recreational facilities, and shopping centers. Other uses include emergency stopping areas, traffic islands, sidewalks, road shoulders, vehicle cross-overs on divided highways, and low-traffic roads. Some porous pavements such as porous asphalt have also been tested for use in highway projects (Hossain and Scofield, 1991). Their use at gas stations, truck stops, and industrial sites is not recommended due to the high risk of groundwater contamination from trace organic compounds (Cahill, undated). As a BMP retrofit option, porous pavement might have limited application because prior disturbance or modification of in situ soil often significantly reduces its infiltration capacity (Schueler et al., 1992). Figure 27. Typical applications of modular block porous pavement (not to scale) (Urban Drainage and Flood Control District, 1992) •PemsiPwimimra Parking Vehicular Barrier Swats lillliM ^ BulWing Oonvqntional PammsM Modular Blodi Porous r SECTION A-A- PABKttJaLOT p^l B •| B' \ 5wala "Y" ^OoiiwinliiMaC / PavaniMit / Jv8^8dlng Modular Block PSROU* PevarrrtHt SECTClWB-g ^IfcddlarWwal _ Slops EoDtioRs^) ^^^^juJi- Mw&jlarBtock Porettt PaiMHiant SECTtOMC-g http://www.fhwa.dot.gov/environment/ultraurb/3fsl5.htm 6/21/2004 Ultra-Urban BMP - FHWA Page 3 of 7 mn ModkiluBliKK Porous PaMamajir SECTIOMO-Pr Sm6ET0BR0M> Porous pavements such as porous asphalt are also effective at reducing hydroplaning, as well as improving wet weather visibility (Stotz and Krauth, 1994). The use of interlocking concrete paving stones on walks and crosswalks can also make ttiem more visible and safer for both drivers and pedestrians, thereby reducing the need for repainting. Effectiveness When operating properly, porous pavements are as effective at removing pollutants fi'om stormwater as other infiltration devices. Also like other infiltration BMPs, porous pavements are not designed to sustain a high removal rate for suspended sediment. While initial removal rates for suspended sediment are very high, the removal process causes clogging ofthe pavement and subsequently reduces its infiltration capacity. As the infiltration capacity decreases, so does the capture and treatment of runoff pollutants. Carefiil attention to maintenance is necessary to reduce the potential for clogging. In addition, all adjacent areas should be stabilized to prevent sediment from washing onto the pavement surfece to prevent premature clogging. Hossain and Scofield (1991) found that a test section of porous pavement performed satisfactorily over five years. Although a slight decrease in the infiltration rate occurred, both the infiltration rate and storage capacity were above design values. Typical removal rates based on load reductions observed are summarized in Table 17. Table 17. Pollutant removal effectiveness for porous pavement (%) Study TSS2 TP TN NO3 Metals Comments MWCOG (1983) 95 60 88 -99 Rainfell Hoglandetal. (1987) 95 71 -305^ -1607^ 33-96 Snowmelt ^ Prior agricultural land use in the area. ^ High loadings of TSS significantly reduce the life expectancy of porous pavement BMPs. Siting and Design Considerations Suitable sites for porous pavements are generally limited to low-ti-affic areas witii a minimum soil infilta-ation capacity of 7 mm/h (0.27 in/h) (greater ttian 13 mm/h (0.5 in/h) is preferred). Geotechnical testing of potential installation locations is needed to quantify the infiltration capacity. In siting porous pavement, groundwater contamination can be minimized by ensuring that the depth to tiie seasonally high water tables is at least 1.2 m (4 ft) below the reservoir layer and ttiat installations are no closer to drinking water wells ttian 30 m (100 ft). Sites tfiat are probable sources of high contaminant loads, such as gas stations, should be avoided. Porous pavement installations should also be 30 m (100 ft) upgradient and 3 m (10 ft) downgradient of building foundations. More detailed guidelines for the siting of porous pavements and related design specifications can be found in Evaluation and Management of Highway Runoff Water Quality (Young et al., 1996), and A Current Assessment of Urban Best Management Practices - Techniques for Reducing Non-Point Source Pollution in the Coastal Zone (Schueler et al., 1992). Additional information on existing designs and their effectiveness is available in Stormwater Infiltration (Furgerson, 1994). http://www.fliwa.dot.gov/environment/ultraurb/3fs 15 htm 6/21/2004 Ultra-Urban BMP - FHWA Page 4 of 7 The design considerations for porous pavement should be consistent with the concepts of flexible pavement design. These requirements, summarized by Rollings and Rollings (1993), include: • The use of sufficient pavement thickness to protect the subgrade fi'om being overstressed. • The use of quality base and subbase materials that can support the applied loads. • A stable surface that serves as the wearing course for traffic. • The compaction of all materials to provide sti'ength and to resist densification under traffic. Standard cross section designs typical of those for porous asphalt and modular paving stones are shown in Figures 28 and 29, respectively. Figure 28. Schematic of typical porous pavement section (Young et al., 1996) r. ...'.*. .-• i -•>.-,»,..-j| -. 9 ".••l.r. "-••.!.*• .foicm pavement courae 65- 100 mm -Filler course (13-flmHlittiiieter gvavel, 25 to SO-mmfhicIO -Sl(»ifi»8eivoir (40 to ttaaa) FtUcr course (1 SnnrnHdiametef gtavtl, SO-mmduck) illerfidmclayfflr Ihidnliirbed soil (infiltw&m rate > 13 mtD/h) Figure 29. Modular block porous pavement (adapted from Urban drainage and Flood Control District, 1992) Void Material (sand or sandy turr TWO EJUMFLES OF INDMDUAL CONCRETE MOf)ULAR mvINd BLOCK http://www.fhwa.dot.gov/environment/ultraurb/3fs 15 htm 6/21/2004 Ultra-Urban BMP - FHWA Page 5 of 7 Indlvldttal Mbdnlar Blocks Perineter Cell Valls- Coarse Gravel 3.8 to 7.6 cm liter Fabric for Infiltration Perforated Collector Pipe (oiptlonal) on Down^ot^eam Toe of Bach^ Cell* Coimected to an Outfall Pipe. Use only when Infiltration IB not or Desired. Each cell's collector Flpe should a Constricted Outlet to Unit the 4rajtiiage of tbe pore space voluflte in the Coarse Cravol Layer In 12-houx&* PERSPECTIVE OF SI0£-8Y-$IOE MQOUUW BLOCK CELLS In^mieable Haoibraie Vhen Infiltration is not thft Goal Porous pavements using lattice-type pavers or hollow concrete blocks and paving stones have similar construction details. Paving stones, however, can generally be designed to have a much higher load-bearing capacity and ttierefore have more widespread applicability. Detailed construction information and specifications are generally available fi'om the manufacturers of these products (Florida Concrete and Products Association, 1989; Rollings and Rollings, 1993). Based on construction experience, Cahill (undated) recommends the inclusion of a perimeter stone filter inlet around the edges of porous pavement installations as a reliable means of ensuring that runoff enters the stone filter reservoir if surface clogging ofthe pavement occurs. In addition, when specifying the pavement or paver stones it is important to ensure the surface infiltration rate is greater than the peak design rainfall intensity. One source gives this peak design rainfall intensity as the 1-h, 2-year rainfall (Young et al., 1996). Maintenance Considerations To maintain the infiltrative capacity of porous pavements such as asphalt, quarterly vacuum sweeping in conjunction with jet hosing or jet hosing alone is recommended (Schueler et al., 1992). Therefore, the installation of porous pavement BMPs in regions that lack the equipment or resources for routine maintenance is not recommended; a high failure rate for porous asphalt installations in Maryland is atti'ibuted in part to a lack of routine maintenance (Lindsey et al., 1991). Failures at sites in the Middle Atlantic states have also been atti'ibuted to poor site conditions and installation practices (Cahill, undated). In contrast, unmaintained parking areas constructed in 1985 with concrete block pavers had retained an infiltration capacity in excess of 100 mm/h (4 in/h) when inspected in 1994 (Pratt et al., 1995). Pratt et al. (1995) estimated the useful life of tiiese types of permeable surfaces to be between 15 and 20 years. Since paving stones can be lifted and reused, the repair or reconstruction of these surfaces is also expected to be less than that associated with porous asphalt or concrete. When modular pavements incorporate turf into their void area, normal turf maintenance practices, including watering, fertilization, and mowing might be required (WDOE, 1992). Mowing is not usually necessary in high-traffic http: //www. fli wa. dot. gov/environment/ul traurb/3 fs 15. htm 6/21/2004 Ultra-Urban BMP - FHWA Page 6 of 7 • i areas. In regions were rainfall is infrequent, provisions for watering are required. Cost Considerations Costs for porous asphalt are approximately 10 to 15 percent higher than those for regular asphalt; porous concrete is about 25 percent more expensive than regular concrete. Requirements for site preparation or tiie use of specialized equipment may also increase these costs. The use of modular paving stones can be up to four times as expensive as eitiier regular asphalt or concrete. The higher costs of installation of porous pavements can be offset to some extent by ttie elimination of curbs, gutters, and storm drains. In some cases tfiis may lower tfie overall cost for a project (Field et al., 1982). The final economics associated with a particular site are also affected by site- specific conditions, such in situ permeability, and the cost and proximity of gravel supplies. References Cahill, T.H. Undated. A Second Look at Porous Pavement/Underground Recharge. Technical Note 21. Technical Notes - Urban Best Management Practices. Cahill Associates, West Chester, PA. Field, R., H. Masters, and M. Singer. 1982. Porous Pavement: Research; Development; and Demonstration. Transportation Engineering Journal of ASCE, Vol. 108, No. TE3. Florida Concrete and Products Association. 1989. Pervious Pavement Manual. Furgerson, B.K. 1994. Stormwater Infilfration. Lewis Publishers, Ann Arbor, Ml. Hossain, M., and L.A. Scofield. 1991. Porous Pavement for Control of Highway Run-off. Final Report. FHWA-AZ91- 352. Prepared by Arizona Transportation Research Center, Phoenix, AZ. Hogland, W., J. Niemczynowice, and T. Wahlan. 1987. The Unit Supersfructure during the Consfruction Period. The Science ofthe Total Environment (59):411-424. Lindsey, G., L. Roberts, and W. Page. 1991. Stormwater Management Infilfration Practices in Maryland: A Second Survey. Maryland Department of the Environment, Baltimore, MD. Mefropolitan Washington Council of Governments (MWCOG). 1983. Urban Runoff in tiie Washington Mefropolitan Area: Final Report, Urban Runoff Project, EPA Nationwide Urban Runoff Program. Mefropolitan Washington Council of Governments, Washington, DC. Pratt, C.J., J.D.G. Mantie, and P. A. Schofield. 1995. UK Research into the Performance of Permeable Pavement, Reservoir Sfructures in Confrolling Stormwater Discharge Quantity and Quality. Wat. Sci. Tech., 33(1):63-69. Rollings, R.S., and M.P. Rollings. 1993. Design Considerations for tiie Uni Eco-Stone® Concrete Paver. Uni-Group, Palm Beach Gardens, FL. Schueler, T.R., P.A. Kumble, and M.A. Heraty. 1992. A Current Assessment of Urban Best Management Practices - Techniques for Reducing Non-Point Source Pollution in the Coastal Zone. Mefropolitan Washington Council of Governments, Department of Environmental Programs, Anacostia Restoration Team, Washington, D.C. Stotz, G., and K. Krautti. 1994. The Pollution of Effluents from Pervious Pavements of an Experimental Highway Section: First Results. The Science of tfie Total Environment (146/147):465-470. WDOE. 1992. Stormwater Management Manual for the Puget Sound Basin (The Technical Manual). Washington State Department of Ecology, Seattie, WA. Young, G.K., S. Stein, P. Cole, T. Kammer, F. Graziano, and F. Bank. 1996. Evaluation and Management of Highway Runoff Water Quality. FHWA-PD-96-032. Federal Highway Administration, Office of Environment and Planning. http://www.fliwa.dot.gov/environment/ultraurb/3fs 15.htm 6/21/2004 Ultra-Urban BMP - FHWA Page 7 of 7 ^Previous Table of Contents (jexj l FHWA Home | HEP Home | Feedback OFHWA United States Department of Transportation - Federal Highway Administration http://www.fliwa.dot.gov/environment/ultraurb/3fsl5.htm 6/21/2004 Standard for Pervious Paving Systems Definition Pervious paving materials include pervious interlocking concrete paving blocks, concrete grid pavers, perforated brick pavers, and compacted gravel. Note: Porous bituminous concrete is not included in this standard due to concerns about documented high failure rates. Although it may be used successfully in restricted applications, widespread use is not currently advised. Innovative designs incorporating extraordinary operations and maintenance measures and/or improved bituminous concrete technology may be considered by NJDEP on a case by case basis. Purpose Pervious paving systems are use^ tjo^ectuce ttie:impervic|sness of.firm surfaces such as patios, walkways, driveways, fire lanes, and parking areas, for the purpose of reducing surface runoff and increasing infiltration. The pervious paving systems also can used often as inlets and covers for infiltration trenches. Pervious paving can be effective in helping to reduce peak surface runoff rates or in improving the groundwater recharge characteristics of developed sites. Conditions Where Practice Applies Pervious paving requires moderately pervious soil with the depth to the seasonal high water table or bedrock of greater than 3 feet below grade. Because of the large area over which infiltration occurs, pervious paving minimizes the potential for groundwater mounding or concentrated discharges to groundwater. For this reason, pervious paving has been used successfully at sites underlain by karst bedrock where other methods of groundwater recharge would not be recommended because the potential exists for sink holes to form. Because perviousiKavteig r&ch^es ^face|LirKSfftffpBy to groundwater, it should not be used where thlre is ^ s|gniMnt ^oaK:er^ for the ^ntamination of surface runoff with dissolved po|utantS. Ift partict^, Ip pievent ccftamination of drinking water supplies, they shcfaj not inllglpj in li^ly perviclis sand or gravel seams that are directly connected to aquifers, or in 'hotspot' drainage. Pervious paving typically is installed in lieu of or in proximity to runoff-generating surfaces. The best performance is achieved when the up-gradient drainage area is minimized. One strategy is to alternate areas with impervious and pervious paving. In these instances, conventional impervious paving would be reserved for the most heavily trafficked corridors. A wide variety of concrete and brick paving systems are available. These can he combined with conventional pavement to achieve functional and aesthetically pleasing designs. Pervious paving systems are prone to clogging by suspended solids. To reduce the likelihood of clogging, pervious paving should not be used in areas that receive 111 significant amounts of sediment, including mud tracked onto the surfaces during wet weather and sand or cinders used in snowy conditions. To preserve the long-term performance of pervious paving, it is important to control sources of suspended solids in stormwater before if runoff is discharged onto the paved surfaces. Design Criteria Two factors must be considered when designing pervious paving: • Runoff collection • Percolation Runoff collection is controlled t^.the infiftratfon potenlfel of the suf ace layer (e.g., gravel, brick, or concrete pavers) and by the storage capacity of the paving base. For most pervious paving systems, the surface infiltration rate is large enough that this factor can be ignored as a design consideration. However, the surface infiltration rates of compacted graded aggregate or topsoil may be limiting. The infiltration potential of paving systems that use these materials should be established by field testing. Long- term surface infiltration rates are generally much less than the rates measured on newly installed surfaces. The following table presents typical ranges for long-term surface infiltration rates for a variety of paving materials. Paving Type Surface Infiltration Rate (inches/hour) Pervious interlocking concrete paving blocks bedded in coarse aggregate, no vegetation (15 percent open cell area) 4.5 to 6.3* Compacted uniform qravel or crushed stone (uniformity coefficient < 2) 2.0 to 6.3* Concrete grid pavers bedded in sand, surface treatment with topsoil and veqetation (25 percent open cell area) 0.63 to 2.0 Compacted dense graded aggregate (uniformity coefficient >10) 0.2 to 0.63 •Initial infiltration raWfhm exceed ISO inch^ /hour Pervious paving ^stems re^iuire a poroMs base. Because of its structural stability and large porosity, ur^fm (open-graded) crushed stone Is preferred as a base material. Water will continue to infiltrate freely through the pervious paving until the voids in the base fill with water. After the base fills with water, the residual surface infiltration rate will be dependent on the permeability of the underlying soil subgrade, which is usually less than the surface infiltration rate. Therefore, it is good practice to design the base layer to store 100 percent of the volume of water that will infiltrate. The depth of the base layer, therefore, will depend on the infiltration requirement for the paved surface. To compute the storage capacity of the base, the porosity of the compacted base material must be known. To preserve the storage potential of the base, a geotextile should be installed between the base and subgrade. The geotextile will minimize the tendency for soil to migrate upward into the base. 112 Pervious paving enhances percolation to groundwater by: • Minimizing the evaporation and transpiration (by plants) of infiltrated water • Sequestering infiltrated runoff until it can soak into the underlying soil In many instances, pervious paving will be installed in trafficked areas where a stable structural foundation Is essential. When the base materials are compacted, the underlying soil is compressed. Therefore, the soil subgrade through which the infiltrated groundwater must percolate usually is less pervious than the undisturbed soil at the site. The permeability of the cop;^gted ^ytjarade ^^st t^^Kopvusj^^nservatively estimated to evaluate the time |Bqu%d pr m| w^ stc^d in thAase layer to percolate, or exfiltrate, into theiinde|yi%!pl[. |%)p#«perfbrnpnce. percolation should be complete within 48 lf)urs.tie ^gpJi%at| do lot exhibit adequate permeability, percolation can b^«flfiincld bylffrercorirteCTing the paving base with an Infiltration Trench (see Figure 2). The soil lining the trench, unlike the paving, does not have to be compacted and usually will have higher permeability. When estimating the time for dewatering of the base, a factor of safety of 3 or greater is recommended to account for reductions in the rate of percolation over time. Permeable Pavement Hunuff CoTvcrt::onai PaV'3rr:0n: v;!:!! Donio Graded - Slr:i',;ural 3,is.! y,\.)i/ y<{\Ajf X\ > j{ \yj().)yK AS-: >;-:- v:'- ;v.- Urilo.-m Crushed Stone Stibgrada InWlration Treich Figure 2j Perviqliis l^virtiiedgl Jrtlttinfiltration Trefich Source: Cahill Assoc. For small runoff volumes that will not completely fill the pore space of the base, the surface infiltration will remain high. For larger runoff volumes, the rate of surface infiltration will decrease abruptly when the base becomes saturated. Therefore, runoff coefficients (or runoff curve numbers) estimated for pervious pavings will depend on the size of the design storm. Comparatively small, frequently occurring storms are most appropriate for establishing design criteria where ground recharge occurs. Appropriate design criteria for pervious paving include: • Maintenance or reduction of the peak runoff rate below a fixed value (usually the predeveloped runoff rate) for the design storm 113 • Maintenance of the total annual runoff volume below a fixed value (usually the predevelopment runoff volume) Pervbus paving is not an appropriate control measure for achieving water-quality objectives. However, some treatment is provided by the adsorption, filtration, and microbial decomposition at the base-subgrade interface (Schueler, et aL 1992). Considerations. Operation and Maintenance Pervious paving Is easier to maJrti^ in wherfe acc^IiJ tfcie, piling is limited or controlled and where paving m|inteP||n(J cai|be |i|prp(|ated as iart of a program of routine site maintenance. Exanfles iicli|JiypirkiA %ea|#®p con(|>minium complexes, institutional buildings, office bLfdin^ a|d %nr^rel|| f|i:ilities. S|id or cinders, commonly used in snow remowlSj^ratins, tidild ndt ie used oh pervious paving. In many instances, the cost for maintaining pervious pavings will be more than offset by the capital and maintenance costs of stormwater management measures, such as detention basins, that would otherwise be required. A brief description of the characteristics and maintenance requirements for various paving materials follows. Perforated Brick Pavers and Concrete Grid Pavers This type of paving is best suited to areas that carry pedestrian or light vehicular traffic. Areas surfaced with pavers can be damaged by snow plows or loader buckets that are set too low to the ground. Therefore, care must be used when removing snow from these surfaces, especially in areas where differential settlement may have caused "lipping" of the pavers. If mud or sediment is tracked onto the surface, it should he swept away as soon as possible. For best performance and longevity of the paving, the pavers should be bedded in concrete sand. V^p®tal;ion jto««;,jQOlonps thi open eej^ or perforations should be removed. Semiannual r|pir|ena|pe Ipmc^e vegetalion should be adequate. Herbicides that p#sist ii t^€i#irorrni|ht #oifld nol be used to control vegetation. For practical or aeisthetic reasons, the deSigfier may choose to fill the open cells of the payers with topsoil and vegetation. In these cases, the vegetative layer must be maintained as any other grassed open area. Deep-rooted woody plants, which can disrupt the paving and reduce permeability, should be prevented from colonizing the surface. 114 Interlocking Concrete Pavers Aggregate Bedding (2-inch minimum) Uniform Crusfied Stone Base Concrete Grid Pavers Geotextile Subgrade 'Material ^)edllcation as recommenaed by the vendor to achieve performance objectives. Bedding Sand (2-incfi minimum) Geotextile (Optional) Cht^er Course Uniform Crushed Stone Base Geotextile Subgrade Figure 3. Examples of Pervious Paving Pervious Interlocking Concrete Paving Blocks These pavings are designed to accommodate more constant traffic and higher tire loads than concrete grid payers or perforated brick payers. They are comparatively easy to maintain and have long service lives. Pervious interlocking concrete paving systems should be bedded in coarse aggregate. The open cells can be infilled with decorative pea gravel to further enhance the appearance of the finished surface. Colonization ofthe open cells by vegetation should be discouraged. Semiannual maintenance to remove vegetation should be adequate. Herbicides that persist in the environment should not be used to control vegetation. If mud or sediment is tracked onto the surface, t ^rould be s^fept if ay as soon as [possible. Compacted Gravel Gravel-surfaced areas are suited to areas with very light vehicular traffic, such as overflow parking areas and service roads or fire lanes. Gravel surfaces are generally not recommended for pedestrian paths, because they can be difficult for older pedestrians or handicapped individuals to negotiate. The effectiveness of gravel-surfaced areas in Infiltrating rainfall is variable and depends primarily on the contribution of fine particles to the mix. Only open-graded mixtures that contain very few fines will be associated with high surface infiltration rates. Dense graded road aggregate, which is commonly used to surface roads, is not appreciably more pervious than conventional paving. As appropriate, the surface gravel course may consist of decorative materials such as pea gravel or slag. 115 Unlike areas surfaced with payers or porous bituminous concrete, sweeping or washing of graveled areas is impractical. Therefore, gravel-surfaced areas are more prone to clogging by sediment. In particular, fine sediment tends to become incorporated in the loose gravel or stone in the uppermost layer of the paving. Penetration of sediment Into the base can be prevented by separating the surface course and base layers with a geotextile. The upper surface of the paving may need to he scraped off and replaced with fresh material to restore the functioning of graveled surfaces if the surface infiltration rate decreases significantly. The longevity of gravel surfaces is gene rally shorter than for other types of pervious paving in the same setting. Flexible Synthetic Webbing or ©"idwork There are several products available tfiat utHize ftexlbte, f^cordiorilA/ebbing of plastic compounds that are laid down, spread out, filled with Saild-soil mil and planted. Not a great deal is known about these materials at this writing, although they appear promising and may be considered by the Department. Considerations To prevent clogging, pervious paving should not be installed until all disturbed areas tributary to the paving have been completely stabilized. If subsequent disturbance of tributary areas occurs, runoff must be diverted around the paved site. The risk of premature clogging can be minimized only if care is exercised to keep sediment off the paving during and after construction. In many instances. It is convenient to discharge roof downspouts directly onto pervious pavings. With this approach, the depth of the paving base must be Increased to accept the additional runoff volume. For greater efficiency, downspouts can be Interconnected to the base. However, this will require that a method of straining leaves and other roof litter is Included, for example, vegetated roof covers. Pervious paving should be Instated ^ 9 shallow gra<h, which allows free drainage. Intentionally pon|ing stBrnwvater on tefiof pervious paving by using curbs or embankments shiuld be avoidedv In adcBtlon to beir*g a nuisance to pedestrians, ponding water promotes the settling out of fine suspended solids, which may infiltrate into the paving arid cause clogging. Pervious paving can be constructed with a perimeter overflow edge. The edge will Intercept runoff from the paving, if for any reason the pervious surface were to become clogged. The perimeter overflow edges connect directly into the base layer ofthe paving. 116 "TTT'^CI^lT^^A m - f.Hmt S!Oi> IT:^:'TTT^^^£^-— • - Fif""f r;-ir>rir. j"-f-f ~f' J Figure 4. Perimeter Overflow Edge Source: Cahill Assoc. This Standard has been adapted from: the Pennsylvania Handixwik of Best IWanaffenfient Practices for Developing Areas. 1998. Pennsylvania Association of Conservation Districts; Pennsylvania Department of Environmental Protection. Harrisburg, PA. American Society of Civil Engineers. Design and Construction of Urban Stormwater Management Systems. ASCE. New York , NY. 1992. Commonwealth of Massachusetts, Department of Environmental Protection. Nonpoint Source IVIanagement Manual. Publication No. 17356-500-500G/93-67-00. Boutiette, L., and C. Duerring, authors. 1994. Schueler, T.R. A Current Assessmw^ of Utban Best WlariagemMt Practices. Metropolitan Washington Council of Governments. 1992. Schueler, T. R. Site Planning for Urban Stream Protection: Chapter 7, Green Parking Lots. Metropolitan Washington Council of Governments. Published by the Center for Watershed Protection. 1995. 117