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HomeMy WebLinkAboutCT 96-02; Terraces at Sunny Creek; Tentative Map (CT) (2)City of Carlsbad Public Works - Engineering December 22, 2003 Chris Dahrling 2006 Palomar Airport Road Suite 113 Carlsbad, CA 92008 SUBJECT: Mr. Dahrling: ELIGIBILITY OF MITIGATION COST RELATED TO MASTER STORM DRAIN IMPROVEMENTS CONSTRUCTED PER DRAWING 361-6C, TERRACES AT SUNNY CREEK, CT 96-02 (DWG 361-6) Thank you for your letter and audit materials summarizing mitigation costs associated with the Terraces at Sunny Creek, CT 96-02. You are asking the City audit the incurred mitigation cost of $355,063, plus an additional $61,450 not yet billed. I understand you had initial contact with David Mauser regarding eligibility for reimbursement under the Master Drainage Fee Program for this effort. As discussed with Mr. Hauser, mitigation costs attributable to the master storm drain improvements performed along College Blvd. per drawing 361-6C may be considered reimbursable, subject to an audit by the City. We understand the Terraces at Sunny Creek project included environmental mitigation work that was required from the resource agencies. From a review of the Environmental Impact Report for this project, there was no sensitive habitat along the storm drain alignment that required mitigation. However, there was habitat impacted by onsite construction with the Terraces project, which required the mitigation work shown on drawing 361-6A (sheet 29) that was performed adjacent and east of the apartment site. Based on this information and a cursory review of the audit materials, it appears the invoices are not specifically related to environmental mitigation work performed as part of the master storm drain improvements. This work is not considered reimbursable under the Master Drainage Fee Program since it cannot be directly tied to the master storm drain improvements. If you have supporting evidence that will help demonstrate this work (or a portion thereof) is directly related to the master storm drain improvements, please resubmit the materials for reconsideration and we will honor your request. When resubmitting, please provide a copy of the letter prepared by Lukos dated September 28, 1998 (referred to in letter from David Hauser dated November 18, 2003). If you have any questions on this matter, please feel free to call me at 760-602-2737. Project Engineer Attachments c: Glenn Pruim, Deputy Public Works Director David Hauser, Deputy City Engineer - Programs Management Bob Wojcik, Deputy City Engineer - Development Services David Dates, Engineering Inspector Van Lynch, Project Planner File, CT 96-02 1635 Faraday Avenue • Carlsbad, CA 92OO8-7314 • (760) 602-2720 • FAX (760) 602-8562 City of Carlsbad Planning Department May 13, 2002 SDG&E Kayla Carol 8315 Century Park Court, 1 ID San Diego CA 92123 RE: CT 96-02 - TERRACES AT SUNNY CREEK- OPEN SPACE LOT 174 Dear Ms. Carol: The City has reviewed the proposed SDG&E improvements, Project No. 2302880-010, Construction Order No. 2745460, dated April 6, 2002, within Open Space Lot 174 of the Terraces at Sunny Creek, Map No. CT 96-02 located in Carlsbad. The City approves of the proposed improvements consisting of trenching and electrical vaults within the open space area since the area is adjacent to the proposed roadway and that the area has been previously graded and does not contain any sensitive habitats. Please accept this letter as approval from the City of Carlsbad pursuant to the requirement of the final map title sheet for encroachments into open space. If you have any questions regarding the above, please contact the project planner, Van Lynch, Associate Planner, at (760) 602-4613. Sincerely, Michael J Holzmiller Planning Director MJH:VL:cs File 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us City of Carlsbad Planning Department May 1, 2002 Concordia Homes Jeb Hall 1903 Wright Place, Suite 120 Carlsbad CA 92008 RE: CT 96-02 - TERRACES AT SUNNY CREEK Dear Jeb: The Terraces at Sunny Creek project, CT 96-02, is General Plan land use designated Residential High (RH), for the apartment component of the project, and Residential Medium (RM), for the single family detached portion of the project. The RH designation allows multi-family development at 15 to 23 units per acre. The fifty-unit apartment portion is developed at 22.9 units per acre. The single family area, consisting of 172 homes, is designated RM which allows 4 to 8 units per acre and the project is developed at 5.3 units per acre. The project also includes 50-second dwelling units, which are incorporated into the single-family homes. The zoning is Residential Density Multiple (RD-M), which allows small lot single family and multi-family development. The minimum lot size for planned developments is 3,500 square feet. A Planned Development Permit, PUD 96-02, was processed for this project. The project was approved by the City Council on November 17, 1998. If you have any questions regarding the above, please fee free to call me at (760) 602-4613. Sincerely, Van Lynch Associate Planner VL:cs File 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us City of Carlsbad Planning Department April 23, 2002 Ryland Homes Ben Rocca 5740 Fleet Street, Suite 200 Carlsbad CA 92008 RE: CT 96-02 - TERRACES AT SUNNY CREEK - PATIO TREES Dear Ben: This letter is in response to your letter dated April 23, 2002, regarding the proposed modification to the landscape plans for the Terraces at Sunny Creek project, also known as Montemar. The City understands that you wish to relocate the interior private patio tree to the street tree location (front yard). After reviewing the landscape plans, it appears that each lot is already planned to receive a street tree. Since there are street trees proposed on each lot, there is not room, or a need, to relocate the patio tree to the street tree location. It is also recognized that the private patio tree could be removed or replaced by the individual homeowner since they have the responsibility to maintain the landscape area behind the front yard setback. The City will leave the option to the developer as to keep or remove the patio trees. Please direct the landscape architect to place a note on each sheet of the landscape plans to the effect that the tree located within the patio area is optional at the developer's discretion. If you have any questions regarding the above, please feel free to call me at (760) 602-4613. Sincerely, Van Lynch Associate Planner VL:cs c: File CT 96-02 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us APR-23-20D2 12:11PM FROM-RYLAND HOMES 760-603-80D5 T-000 P.002/OD2 KTLMIVMHOMES F-507 Southern California Division 5740 Floot Slre«i Sjite 200 Corisbod, CA ?200S www.ryland.conn 760 603-800! Tel 760 603-8005 far. April 23,2002 Van Lynch City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, CA 92008-7314 Re: Internal Street Trees at Montemar Sunny Creek CT 96-02 Dear Van: Pursuant to our conversation earlier today, Ryland Homes wishes to reach closure at ibis time on the issue of the internal street trees that are currently proposed to be installed on dw private homeowner side of the lot line. Due to the fact mat there is no irrigation feeding to this location, it is Ryland's intention to relocate these trees from the front courtyard of these lots to the Homeowners Association maintenance portion of the typical lot. We appreciate your time and eagerly anticipate your response to this request after your internal review. I can be reached at my office at (760) 603-8001 ext. 144 or my cell phone at (760) 802-7361. Sincerely, Ben" Forward Planner cc: Dave Christiansen FFB-05-2002 02::55 flHLES LftND ARCHITECT 760 632 0239 P. 02 Steven M. Ahles Landscape Architect CA02538 P.O. Box 682 Cardiff, Callfomla 92007 760-632.2088 PROJECT NOTES TO: Van Lunch, City of Carlsbad PROJECT: SUNNY CREEK TERRACES SUBJECT: Lower portion, Lot 174 DATE; January 21,2002 NOTES BY: Steve Ahles, Ahles Landscape Architecture C: Alan Kading, Gateway Regarding Sunny Creek Terraces, Lot 174 the following landscape treatment is . proposed for the lower portion of the site as part of the relocation of the active plan area to the upper portion: | Planting of oak-woodland plant species in all areas disturbed by construction. The plant species selected provide low fuel volume, will naturalize without permanent irrigation and should require minimum long-term maintenance. The species are compatible with adjacent natural vegetation, without aggressive spreading non-native species. Specific proposed planting: Hydroseed mix- Pur/Geim. Lbs/Acro Botanical name Common /lame 95/75 .5 Camissonia cheinnthlfolia 2/56 3 Diplacus puniceus 30/60 2.5 Eriophylium confsrtum 10/25 1.5 Gnaphalium califomlcum 35/20 4 Ivy hayensiane 90/60 3 Lotus scoperius 9B/B8 e Lupinus succulents 60/60 e Nassella lepida 70/50 3 Nasselto pulchw 9&7S 1 Owe-then elata ssp. hookert 95/75 4 Sisyrinchlum helium 98/75 20 Plantago Insularis beach evening primrose monkeyflower yarrow Calif, everlasting poverty weed deerweed arroyo lupine foothill stipe purple needle grass Calif, evening primrose blue-eyed grass plantago (cover crop) Container plantings- one 1 gallon plant per 100 s.f. (*/. 10 ft. o.c.), equal mix of specles- Muhlenbergia rigens deergrass Ribes speciosum gooseberry Rosa callfomice calif, rose on a temPorary bMis to *t largest portions of the area. 10 8M'at ln 8eed «erminrtl°". b«» ^« removed afterareas. MEMORANDUM January 7, 2002 TO: PROJECT FILE - CT 96-02 FROM: ASSOCIATE PLANNER RE: REVISED LANDSCAPE PLAN - TOT LOT The tot lot on Lot 174 was relocated to the upper portion of the lot with the other amenities since the lower portion was not accessible from the private portion of the development without going "outside" the development. Lot 174 is maintained by the HOA of the residential portion of the Terraces project. The apartments are a separate maintenance group and equipment was not required nor intended for use by the apartments. VAN LYNCH VL ^r — City of Carlsbad Planning Department January 7, 2002 Ryland Homes Ciara Layne 5740 Fleet Street, Suite 200 Carlsbad CA 92008 RE: CT 96-02 - TERRACES AT SUNNY CREEK - COMMON AREA Dear Ciara: This letter is in response to your letter dated December 19, 2001, regarding the proposed modification to the landscape plans and maintenance responsibilities for the Terraces at Sunny Creek project. The Planning Department concurs that the rear yard areas of Lots 23 through 33 are very short and that the maintenance responsibility would be difficult for the HOA. It is understood that no boundary adjustment would be required for these areas to be maintained by the respective property owner. The revision will require that the approved landscape plan held by the City be revised to reflect the new HOA maintenance responsibilities and fencing. Please contact Larry Black in the Planning Department to coordinate a construction change to the plans. The other request was for the addition of retaining walls behind Lots 54 through 57 and Lot 75 to increase the useable rear yard area. Because the design of the irrigation systems and landscaping, with potable and non-potable water, we do not support the request for retaining walls on these lots. If you have any questions regarding the above, please feel free to call me at (760) 602-4613. Sincerely, dSt^- — - Van Lynch Associate Planner VL:cs File 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us RYLAND SAN DIEGO DIVISION 5740 Fleet St. Suite 200 Carlsbad, CA 92088 (760) 603-8001 FAX (760) 603-8005 LETTER OF TRANSM1TTAL Date: To: Municipality: Re: From: December 19,2001 Gary Wayne City of Carlsbad 1635 Faraday Ave Carlsbad, CA 92008 (760) 602-8559 Sunny Creek - Tract 96-02, adjustment of common area request Ciara Layne Dear Mr. Wayne, In consideration of the landscape plans for the Terraces at Sunny Creek, C.T. 96-02, we would like to propose the following alterations: 1.The slopes at the rear of lots 23-33 are substantially short (4'-5' from toe of slope to top of slope). Currently, there is a chain link fence at the toe of slope and a sound wall at the top of slope. The area between the two fences is HOA common area. We would like to remove the HOA maintenance area behind these lots. This modification would not alter any property lines. The reasoning behind this request is a maintenance and access issue. This small region would make it difficult to maintain. In addition, extending the rear yards would be an attractive addition to these units. Extension of the toe of slope behind lots 54-57, and 75. On these lots, the closest points from the dwelling unit to toe of slope range from 5' to 7'. These distances are extraordinarily short for the product involved. We would like to extend the toe of slope by installing a retaining wall. This will be a considerable cost to us, however, these rear yards as planned make these particular units very unattractive, especially considering the height of the rear slope. If these items are possible, we would like to process these adjustments together. It is our feeling that these changes are beneficial to both the HOA and the potential homeowners involved. Please take these above-referenced items into consideration and contact myself at your earliest convenience to discuss. Respectfully, Ciara Layne Ryland. Homes cc: Van Lynch, Planning Department City of Carlsbad Planning Department JulyS, 2001 Randy Hall Concordia Homes 1903 Wright Place Carlsbad CA 92008 RE: CT 96-02 - TERRACES AT SUNNY CREEK SUBSTANTIAL CONFORMANCE Dear Mr. Hall: The Planning Department has completed a review of your proposal for substantial conformance for the architectural review of the Terraces at Sunny Creek project. After careful consideration of the circumstances surrounding this request, the Planning Department has determined that the proposal, with a few changes, qualifies for substantial conformance with the approved project. The Plan Two roof should be pitched as Plan Three. This is to reduce the bulk of the second floor and have the appearance of an increased structure separation. The proposed entrance structures should be removed, as they will appear to decrease the structure separation and do not meet the structure separation requirements. It is preferred to have the low fence and entry features as on the approved project plans. The chimneys should be shown on all plans even if they are proposed as an option. The chimney in Plan Three may encroach into setback/master bedroom area depending on how it is constructed. All Plans should correctly show the proposed windows on the left front elevation or floor plans. Please provide a proposed color scheme to be reviewed and approved prior to permit issuance. Please submit two sets of plans (Architectural elevations), with the above corrections, to the Planning Department for approval along with a completed Preliminary Review application form and associated fees. CITY OF CARLSBAD Van Lynch Associate Planner VLxs attachment Chris DeCerbo File Copy 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us '^^ ^^ City of Carlsbad Planning Department July 2, 2001 Gateway-Ivey Ranch Associates, Inc. Alan Kading 2006 Palomar Airport Road, Suite 113 Carlsbad CA 92008 RE: CT 96-02 - TERRACES AT SUNNY CREEK CORRIDOR MITIGATION PLAN Dear Mr. Kading: Thank you for the resubmittal of the revised Open Space Corridor Management Plan for the Terraces at Sunny Creek project. The plan is approved as submitted and has fulfilled the mitigation measure as specified in the EIR mitigation-monitoring program. The plan will be kept on file for reference. If you have any questions regarding the above, please give me a call at (760) 602-4613. Sincerely, Van feynch Associate Planner VL:cs File 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us Gateway Ivey Ranch Associatesjnc 2006 Palomar Airport Road Suite 113 Carlsbad, CA 92008 M?^>~ (760)931-8181x121 Fax (760)639-6305 To: City of Carlsbad Date: 6/15/2001 1635 Faraday Ave. Carlsbad, CA 92008 Doc No.: RFI-4-AK Project: Terraces at Sunny Creek Attn: Van Lynch 20-01 Subject: Terraces @ Sunny Creek Corridor Easement 2436 Badger Lane El Camino Real & College Blvd Carlsbad, CA Request For Response Dear Van Attached is the draft of the easement for the Corridor Management Area. Please review and let me know as soon as possible if you have any changes you want. I need to get the original document signed and in as soon as possible to be able to pull permits on phase 1. I am having the corridor management plan changed to add the wording you sent to me and I should have that back in to you by end of next week. Please call if there is anything I need to do to expedite this. Sincerely, Gateway Ivey Ranch Associatesjnc t Alan Kading Cj Project Manager (760) 535-4063 \ 5 200! «***""- PLAT OPE/ SPACE CORRIDOR MANAGEMENT AREA / CARLSBAD TRACT NO. 96-02 NOTE: SUNNY C&EEK ROAD (PRIVATE) PROVIDES PROPERTIES NORTH AND EAST OF THE OPENXSPACE MANAGEMENT AREA AND IS NOT A PART OF THE MANAGEMENT AREA PORTION LOT "B" RANCHO AGUA HEDIONDA N09'47'15"E 150.00' REMAIND MAP NO. 14060N25'51 00 W 157.96' GRAPHIC SCALE 1"=300'14161469BDY MANITOU ENGINEERING COMPANY PANNING • CONSULTING ENGINEERING • SURVEYING 350 WEST NINTH AVE., SUITE "E", ESCONDIDO, CA. 92025 TELEPHONE (760) 741-9921 06/15/2001 10:38 9499552875 GALLAGHER AND MDORE PAGE 02 Recording requested by and when recorded return to: c/o Attention: Calif omia (Space Above Line For Recorder's Use) CONSERVATION EASRMRMT DEED FOR VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, CANAM PROPERTIES, LLC, a California limited liability company (the "Grantor"), as the owner of that certain real property in the City of Carlsbad ("Carlsbad"), County of San Diego, State of California, more particularly described in Exhibit: "A" attached hereto and incorporated herein by reference (the "Burdened Lot"), hereby grants to THE TERRACES AT SUNNY CREEK HOMEOWNERS ASSOCIATION, a California nonprofit, mutual benefit corporation (hereinafter referred to as the "Grantee"), as the owner of Lot 173 of Carlsbad Tract No. CT 96-02 (The Terraces at Sunny Creek I), according to Map therefore No. IjOLQ, filed in the Office of the County Recorder of San Diego County, California on , a nonexclusive appurtenant: easement in, on, over,_ under, across, and through a portion of the Burdened Lot more particularly described and depicted on Exhibit "B" attached hereto, subject to certain obligations, covenants, conditions, and restric- tions, all as more particularly set forth hereinbelow. PARCEL 1 : Grantor hereby grants to Grantee, a nonexclu- sive permanent appurtenant easement in, on, over, under, across, and through those certain portions of the Burdened Lot more parti nil ST-1y described and depicted on Exhibit "B" attached hereto and incorporated herein by reference ("Easement Area"), for purposes of: (a) open space conservation, biological conservation monitoring and habitat restoration in contormance with the approved Open/Space Mitigation Management Plan and any Regional Multispecies Habitat Conservation Plan associated with the dsvfil npment of Carlsbad Tract No. CT 96-02; (b) to preserve and protect the natural resources ("Conservation Values") of the Easement Area; (d) accecc for biological conservation monitoring and habitat z-e a Loca- tion in conformance with the approved Open Space Mitigation Management Plan and any Regional Multispecies Habitat Conservation . -S789.FCM 061301 06/15/2001 10:36 9499552675 GALLAGHER AND MOORE PAGE 03 Plan applicable to Carlsbad Tract: No. UT 96-02 (The Terraces at Sunny Creek I) ,- and (d) to prevent any activity on or use of the Easement Area that is inconsistent with th<= purposes of this conservation easement and to require the restoration of such areas or features of the Easement Area that may be damaged by any act, failure to act, or any use that is inconsistent: with the purposes of this conservation easement. Grantor intends, and Grantee acknowledges and agrees that this conservation easement will confine the use of the Easement Area to such activities, including without limitation, those involving the preservation and enhance- ment of native species and their habitat in a mumier consistent with the habitat conservation purposes of this conservation easement. Grantee shall undertake reasonable actions to prevent the unlawful entry and trespass by persons whose activities may degrade or harm the Conservation Values of the Easement Area. SUBJECT TO THE FOLLOWING: 1. All other matters ot record, apparent, and/or ascer- tainable by inspecting the Easement Area; 2. Easements for sewer purposes granted to the Carlsbad Municipal Water District and the San Diego Gas and Electric easements; 3. The right of the City to require the Grantee t-.o enter upon the Easement Area to remove any structure, materials or other thing placed or maintained contrary to the terms of this conservation easemeaiL cu.ul Lo p^rlorm any work necessary co eliminate the effects of any violation of this conservation easement, at the expense of the Grantee; 4. Use of the existing Sunny Creek Road; and 5. The following covenants, conditions and restric- tions : a. Grantee's Rights. To accomplish the purposes of this conservation easement, Grantor hereby grants and conveys the following rights to Grantee; (1) To preserve and protect the conservation Values of the Easement Area; (2) To enter upon the Easement Area at reasonable times in order to enforce the terms of this Conservation EcisemeuL cmd lur acieuLilic research and interpretive purposes by Grantee or their designees; and (3) To prevent any activity on or use of the Easement Area that is inconsistent with the purposes of this Conservation Easement and to require the restoration .-$•739.FCM 061301 2- 0G/15/2001 10:38 9499552G75 GALLAGHER AND MOORE PAGE 04 of such areeia or features of the Easement Area that, may be damaged by any act, failure to act, or any use that is inconsistent with the purposes of t-.his Conservation Easement. b- Prohibited Use. Any activity on or use of the Easement Area inconsistent with the purposes of this conserva- tion easement is prohibited. Without limiting the generality of the foregoing, the following uses by are expressly prohib- ited; (1) Unseaaonal watering, use of herbicides, rodenticides, or weed abatement activities, and any and all other uses which may adversely affect the purposes of this conservation easement; (2) Use of off-road vehicles; (3) Grazing or surface entry for exploration or extraction of minerals; (4) Erecting of any building, billboard, or sign; (5) Depositing of soil, trash, ashes, garbage, waste, bio-solids or any other material; (6) Excavating, dredging or removing of loam, gravel, soil, rock, sand or other material; (7) Otherwise altering the general topography of the Easement Area, including but not limited to building of roads and flood control work; (8) Introduction of exotic plantn or animal species; (9) Any activity that would have an adverse impact on the Conservation Values of the Easement Area; (10) Removing, destroying, or cutting of trees, shrubs or other vegetation, except as required by law for (1) fire breaks, (2) maintenance of existing foot trails or roads,- or (3) prevention or treatment of disease; and (11) Establishment of any easement, for any purpose (without the written consent of Grantee), within the boundaries of Lhe EcLatJiiienL Area, not already in existence as of the recordation date of this conservation easement (i.e., the sewer easement granted to Carlsbad Municipal Water District and the existing San Diego Gas & Electric Easements). .-5769.KM 061301 -3- 06/15/2001 10:38 9499552875 GALLAGHER AND MOORE PAGE 05 c- Failure Lu Maintain, if the Grantee fails to comply with the obligations of this conservation easement, the City shall have the right, but not the duty, to perform the necessary obligations. If the City elects to perform such obligations, the City shall give written notice to the Grantee with a copy thereof to the owners In Carlsbad Tract No. CT 96-02 .(The Terraces at Sunny Creek I), setting forth with particularity the obligation which the City finds to be required and requesting the same be carried out by the Grantee within a period of thirty (30) days from the giving of such not.-ice. ^ In the event that the Grantee fails Lu carry out: such obligation within the period specified by the City's notice, the City shall be entitled to cause such obligation to be completed and shall be entitled to reimbursement with respect thereto from the owners of Carlsbad Tract No. CT 96-02 (The Terrares at Sunny Creek I) {"Project") (e.g., the members of Grantee). d- Lew of Assessments. In the event the City has performed the necessary obligations to the Easement Area, the City shall submit a written invoice to the Grantee for all costs incurred by the City to perform such obligations. The City shall provide a copy of such invoice to each Owner in the Project, LuyeLher with a statement that if the Grantee fails to pay such invoice in full within the time specified, the City will pursue collection against the Owners in the Project, pursuant to the provisions herein. Said invoice shall be due and payable by the Grantee within twenty (20) days of receipt by the Grantee. If the Grantee shd.ll Ia.il Lo pay such invoice in full 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 Grantee by meano 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 pro rata 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. e. Acts Beyond Grantor's Control. Nothing con- tained in this Conservation Easement, shall be rons1-.r\ifiri tr> entitle Grantor or the City to bring any action against Grantee for any significant injury to or change in the Easement Area, resulting from causes beyond GiduLeti'a (jcjiiLi/ul, including, but not limited to: fire, flood, storm, and earth movement, or from any prudent action taken by Grantee under emergency conditions to prevent, abate, or mitigate signifi- cant injury to the Easement Area or immediately adjacent property rcculting from such causes. .-57S9.FCM oeuoi -4- 05/15/2001 10:38 9499552875^ GALLAGHER AND MOORE PAGE 06 f. ARBITRATION OF DISPUTES. bY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THIS SLOPE EASKMRNT GRANT DEED DECIDED BY NEUTRAL ARBITRATION, AS PROVIDED BY CALIFORNIA LAW, AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREF.MKNT TO THIS ARBITRATION PROVISION IS VOLUNTARY. WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THIS SLOPE EASEMENT GRANT DEED TO NEUTRAT, ARBITRATION. GRANTOR GRANTEE ST- Construction. The terms and provisions herein shall be liberally construed to effectuate the Grantor's ex- press intent to create and grant a nonexclusive, permanent, appurtenant easement in, on, over, under, across, diid through the Easement Area to Grantee to allow for the installation, construction, maintenance, repair, and replacement of an embankment slope, earthen access ramp, landscaping, drainage, and irrigation improvements. This Slope Easement Grant Deed shall be const-rued according to its fair meaning and as if prepared by both parties hereto. The section headings have been inserted for convenience only, and shall not be consid- ered or referred to in resolving questions of interpretation or construction. Whenever the context hereof may so require, the singular shall include the plural, and the masculine shall include the feminine and neuter. h. Waiver. The failure of any party to enforce any term or provision set forth herein shall not constitute a waiver of his/her/its right to enforce the same term or provision, or any other term or provision hereafter. No waiver of any provision herein shall be deemed or shall constitute a waiver of any other provision herein (whether or not similar), nor shall such waiver constitute a continuing waiver. 1. 5everabi 1 i_ty. if any term, provision, condition or covenant set forth herein, or the application hereof to any party or circumstance shall, to any extent, be held invalid or unenforceable, the remainder of this Slope Easement Grant Deed, with application of such term, provision, condition, or covenant to persons or circumstances oth<=x Lhau those as to whom or when it is held invalid or unenforceable, shall not be affected hereby, and each term and provision set forth herein .-5783,PCM 061301 -5- 06/15/2001 IB:3B 9499552675 GALLAGHER AND MOORE PAGE 07 shall be valid and enforceable to the fullest extent permitted by law. j. Inurement. The easements created and estab- lished herein and the incidental rights thereto shall be subject to all the terms and provisions sec forth hereinabove, and said provisions shall run with the Burdened Lot and shall be binding upon and inure to the benefit of Orsntor and Grantee, and their respective successors and assigns. THIS CONSERVATION EASEMENT GRANT DEED is made and accepted, and the easements hereby granted are subject to the easements, rights, covenants, restrictions/ limitations, obliga- tions, conditions, uses, and other terms and provisions set forth herein, and is expressly conditioned upon the performance of all of such appropriate p-rnvisions by Grantee and Grantor GRANTEE, in accepting this Conservation Easement Grant Deed and the easements conveyed hereunder, does hereby covenant and agree, jointly and severally, to promptly, fully and faithfully comply with all the provisions set forth herein. "GRANTOR" CANAM PROPERTIES, a California limit BY: ITS: BY: ITS: LL lability company "GRANTEE" THE TERRACES -A.T SUNNY CREEK HOMEOWNERS ASSOCIATION, a California nonprofit mutual benefit coartSoiation BY: ITS: President BY: ITS: Secretary ,-5783,FCM 061301 -6- 06/15/2001 10:38 9499552875 GALLAGHER AND MDDRE PAGE 08 STATE OP CALIFORNIA ) ) ss COUNTY OF ) On / 2001, befox-e me, the under signed, a Notary Public in and for said State, personally appeared . _ i personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that a/he, executed the same in his/her authorized capacity, and that by his/her signature on the instrument the persons or the entities upon behalf of which the person acted executed the intsLrurnent . WITNESS my hand and official seal. Signature of Notary Public (SEAL) STATE OF CALIFORNIA ) ) ss. COUNTY OF ) On , 2001, before me, the undersigned, a Notary Public in and for said State, personally appeared _^____ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that s/he executed the same in his/her authorized capacity, and that by his/her signature on the instrument the persons or the enr.i1-.iRH upon behalf of which the parson acted executed the instrument. WITNESS my hand and. official seal. Signature of Notary Public (SEAL) .-57B9.FQI 061301 -1- 06/15/2001 10:38 9499552G75 GALLAGHER AND MOORE PAGE 09 STATE OF CALIFORNIA ) } SS . COUNTY OF ) On 2001, befoze me, the -undersigned., a Notary Public in and for said State, personally appeared __, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that S/he exisruted the same in his/her authorized capacity, and that by his/her signature on the instrument the persons or the entities upon behalf of which the person acted executed the instrument. WITNESS my hand and official seal. Signature of Notary Public (SEAL) 061301 ~°~ 06/15/2001 10:36 9499552675 GALLAGHER AND MOORE PAGE 10 EXHIBIT "A" EASEMENT AREA (to be attached) .-S78S.FCM 061301 Page l of 1 Page PLAT OPEN SPACE CORRIDOR MANAGEMENT AREA CARLSBAD TRACT NO. 96-02 NOTE: SUNNY CREEK ROAD (PRIVATE) PROVIDES ACCESS TO PROPERTIES NORTH AND EAST OE THE OPEN SPACE MANAGEMENT AREA AND IS NOT A PART OF THE MANAGEMENT AREA PORTION LOT "B" RANCHO AGUA HEDIONDA N09'47'15"E 150.00' REMAINDER PARCEL "A' MAP NO. 14060N25'51'00"W 157.96' tJ «W /'<b .^ ^ ^ <x> v!V 14161469BDY GRAPHIC SCALE 1"=300' ENGINEERING COMPANY CONSULTING ENGINEERING • SURVEYING 350 WEST NINTH AVE., SUITE "B", tSCONOIDO, CA. 92025 TELEPHONE (760) 741-9921 08/15/2801 10:38 9499552875 GALLAGHER AND MOORE PAGE 11MOORE etrccts, sidewalks, Tences, walls, gates, monuments and other improvements located within the Common Area ) shall be kept in good maintenance and repair by the Association, an generally indicated hereinbelow : (a) The Common Ax^a (and all improvements thereon, including the sidewalks) to be maintained, landscaped, repaired, improved, restored and replaced in a nest, clean, safe, attractive and orderly condition at all times shall include, but not be limited to, the following: (1) Trimming, fertilizing and cutting all landscaped areas, including those landscaped areas to keep such areas tree of weeds, dead vegetation and debris,- (2) Cleaning any debris from Common Area drainage swales, devices, or water pollution interceptors and conducting regular inspections ot all Common Area drainage devices (which does not include any drainage swale on an Lot) ,- (3) Unless otherwise maintained, parkways and exterior curfaccs (defined to mean the aide fronting any public right-of-way or the Common Area) and the top portion of all Project perimeter block walls, retaining walls, and landscaping areas (See Exhibit "F") originally constructed by Declarant and approved by the City; (4) All other areas, facilities, equipment, services, aesthetic components or other Improvements of whatever nature as may constitute Common Area or be, from time to time, set forth in any Notice of Annexation; and (5) The Association shall cause that portion of the Common Area consisting of a wildlife corridor (i.e. , Lot _ ) to be patrolled periodically for illegal activity and to monitor any intrusion by people and domestic animals and to perform the obligations set forth in that certain Conservation Easement recorded against Lot _ . The Association shall monitor the fence located behind the adjacent affordable housing and cauce repairc to be made thereto as determined necessary by the Board. The Association shall also monitor and repair the water sources within the wildlife corridor. (6) Performing all necessary tasks required to conform with applicable City, County and/or State regula- tions . (b) Maintain all other areas, facilities, furni- ture, equipment, services or aesthetic components of whatso- .-4200. PCM 040301 -74- City of Carlsbad Planning Department June 6, 2001 Gateway-Ivey Ranch Associates, Inc. Alan Kading 2006 Palomar Airport Road, Suite 113 Carlsbad CA 92008 RE: CT 96-02 - TERRACES AT SUNNY CREEK CORRIDOR MITIGATION PLAN Dear Alan: The City is asking that an open space easement, granted to the City of Carlsbad, be placed over the open space corridor management area. Presently the easement that will cover the area will be granted to the homeowners association of the Terraces at Sunny Creek. I the event maintenance does not occur, the city would like to have the right, but not the duty, to perform the necessary maintenance. Please include the following wording into Part VII, Contingency Measures of the Open Space Corridor management Plan. 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", 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 period specified by the City's notice, the City shall be entitled to cause such work to be completed and shall be entitled to reimbursement with respect thereto from the Owners as provided herein. Special Assessments Levied by the City. In the event the City has performed 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 incurred 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 full 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 full 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 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us CT 96-02 - TERRACES 9 SUNNY CREEK CORRIDOR MITIGATION PLAN June 6, 2001 Page 2 _____ 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 lien foreclosure procedures against any Owner and his/her respective Lot for purposes of collecting such special assessment. The above wording is also found in the CC&Rs for the maintenance of the other common areas of the project. Please be sure that the CC&Rs include the Open Space Corridor Management area as an area of responsibility of the HO A. I have attached an easement submittal checklist for your reference. Please submit the requested items and fee to the engineering department for the processing of the open space easement. Thank you for your attention to this matter. If you have any questions regarding the above, please give me a call at (760) 602-4613. Sincerely, Van Kynch Associate Planner VL:cs Don Rideout file City of Carlsbad MEMORANDUM DATE: NOVEMBER 1,2000 TO: JOE MCMAHON, ENGINEERING INSPECTION FROM: JEREMY RIDDLE, ENGINEERING DEVELOPMENT SERVI SUBJECT: TERRACES AT SUNNYCREEK (CT 96-02, DWG. 361-6A) MITIGATION GRADING The mitigation grading in the creek area was approved with the explicit limitation that no grading occur within the rainy season. During plan check, it was identified that approximately 5900 cubic yards of earthwork was proposed within the 100-year flood plain. The City was concerned with performing grading operations in the creek area. Once the area is scarified and exposed, there will be a high potential for erosion experienced downstream. We hope to avoid this by having the grading operations performed in the dry season. It is inherently difficult to install adequate erosion control devices when located in the 100-year flood plain. These plans were approved in April 2000. We understand that environmental constrains would not permit grading until after August. We hoped that grading could occur between August and October 15, 2000. However, it is our understanding that some mitigation plants could were unavailable and were not obtained until mid-October, thus the grading was not done. It is also our understanding that, per the attached letter from Glenn Lukos Associates, dated October 24, 2000 that mitigation in the creek area is to occur in between October and March. We have discussed the matter with the Planning Department and concur that, due to the circumstances, the mitigation grading be permitted at this time. We encourage that this work be performed as soon as possible. Please have the contractor install all erosion control devices in place at all times during the grading operations and through the rainy season until vegetation has established itself. If there any questions on this matter, please call me at 760-602-2737. Thanks. Skip Hammann, Senior Civil Engineer File MEMORANDUM November 1, 2000 TO: CT 96-02 - TERRACES AT SUNNY CREEK FROM: ASSOCIATE PLANNER RE: MITIGATION WORK IN CREEK I received a call from Army Corps of Engineers, Robert Smith - LA office (overflow work from San Diego) (213-452-3419), regarding the mitigation work to be done in the creek. He asked if the City had a restriction on grading during the rainy season. I told him that the City typically does and this project did have a note to the affect on the grading plans, mistakenly added by the Engineering department. He understood the mitigation work should be done before December, 2000 and the he will approve the work to be done. He also had a violation on file that the developer was working on correcting (filling of a wetland). He stated they were directing the developer to remove the Arundo Donax (Sp) in the creek areas and if that was ok with the City. I told him it was ok to remove. He will contact Glen Lukos to inform then to go ahead with the work as proposed. VAN LYNCH VL GLENN LUKOS ASSOCIATES Regulatory Services October 24, 2000 Van Lynch City of Carlsbad Engineering Department 1635 Faraday Avenue Carlsbad, California 92008 SUBJECT: Mitigation Site Grading, Sunny Creek Terraces, City of Carlsbad Dear Mr. Lynch: Our client, Gateway Ivey Ranch Associates, has requested Glenn Lukos Associates (GLA) to send you this letter regarding the proposed grading of the mitigation site at Sunny Creek Terraces in Carlsbad.. It appears the grading plan for the mitigation site was attached to the project site grading plans. A note was applied to the mitigation site grading plan by the City stating that... grading was .to occur prior to the rainy season, which we understand commences October ,15th for the City of Carlsbad. ....'. . Gateway Ivey Ranch Associates proceeded with and completed project site grading, unaware of the caveat attached to the mitigation site grading plans until a field meeting on October 13, 2000, too late for work to begin on the mitigation site under the imposed deadline. The California Department of Fish and Game Streambed Authorization Number 5-325-97 and the approved mitigation plan (Final Mitigation and Monitoring Plan far the Terraces at Sunny Creek, GLA, dated April 12, 2000) require mitigation to be installed between October and March, in order to take advantage of the winter rains. Grading of the mitigation site needs to occur prior to plant installation. a A nesting bird survey was conducted on July 31, 2000 by a qualified wildlife biologist from GLA who visited the site for the purpose of determining the presence or absence of nesting birds first observed during nesting bird surveys conducted in May 2000. The nesting bird season generally occurs between March through the end of August. No .nesting .birds were observed . during the July 31, 2000 survey. Therefore grading activities within the mitigation area would be acceptable at this time.. ..... , ',...- ... , •.',-,. .. ' .,.,; ... .,:... ',"'.., '..,., Gateway Ivey Ranch proposes to begin site grading as soon as approval by the City of Carlsbad is granted. A qualified biologist from GLA will provide biological monitoring during grading 23712 Birtcher Drive Telephone: (949) 837-0404 Lake Forest California 92630-1782 Facsimile: (949) 837-5834 Mr. Van Lynch City of Carlsbad October 24, 2000 Page 2 activities, site preparation, and installation of plant materials. As you may be aware, grading will occur within a high-flow channel north of Agua Hedionda Creek, but not within the creek itself. It is imperative for the City of Carlsbad to allow grading of the mitigation site to proceed as soon as possible in order for installation of plant materials to occur in a timely manner. If you have any questions regarding this letter, please contact me at (949) 837-0404. Sincerely, GLENN LUKOS ASSOCIATES, INC. Sally Davis ' Habitat Restoration Specialist cc: Alan Kading, Gateway s:0375-lg.ltr City of Carlsbad Public Works - Engineering October 5, 2000 The Terraces at Sunny Creek, LLC Attn: Chris Dahrling 2006 Palomar Airport Road, Ste 113 Carlsbad, CA 92008 SUBJECT: COMPLETION OF IMPROVEMENT PLANCHECK FOR DWG. 361 6B, SHEETS 1- 24 (THE TERRACES AT SUNNY CREEK, CT 96-02) The purpose of this correspondence is to inform you that the City Engineer has signed the improvement plans for the project noted above. These plans are now the property of the City of Carlsbad and have been filed for permanent record with this office. The City of Carlsbad requires that contractors obtain a right-of-way permit prior to constructing any improvements within publicly dedicated streets or easements. Since the improvements reflected on your improvement plans fall within this category, you must first obtain a right-of-way permit prior to initiating your construction activities. You may obtain a right-of-way permit by making application at our Engineering Development Services Counter at 1635 Faraday Avenue. This is a "no-fee" permit. A Right-of Way Permit Submittal Package is attached for your convenience. The following items need to be submitted and/or approved prior to the issuance of a right-of-way permit: 1. Completed application form. 2. Contractors state license number and class (type). 3. City of Carlsbad Business License number. 4. Certificate of insurance in the amount of $1,000,000 naming the City of Carlsbad as "additional insured" and as "certificate holder". 5. Traffic Control Plan (if not included in the improvement plan). 6. 4 blue line sets of the signed improvement plans (one set of blue lines is for the Utilities Department). 7. As part of your permit approval, application with the Utilities Department will be required to tap into sewer, water and/or reclaimed water lines. In addition, if your project requires a grading permit you must complete the items listed on the completion of Grading plan check Letter and receive approval on a grading permit prior to or concurrent with the issuance of a right-of-way permit. You may obtain the blue line sets and any other plan reproductions you desire through one of the several bonded blue print firms in the area at your cost. Your Right of Way Permit will be issued when all the above noted requirements have been completed. After permit issuance, contact the Engineering Inspection Request Line at 760-438-3891 to set up a pre-construction meeting with your inspector. You will receive your copy of the permit during the pre-construction meeting with your inspector. DO NOT BEGIN CONSTRUCTION UNTIL 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-272O • FAX (760) 602-8562 Mr. Chris Dahrling October 5, 2000 Page 2 of 2 YOU HAVE RECEIVED YOUR PERMIT FROM THE PUBLIC WORKS INSPECTOR. Thank you for your cooperation and assistance in this matter. It has been a pleasure working with you through the plan check process. If you have project related questions, please feel free to give me a call at 760-602-2737 In an effort to improve our customer service, the Community Development Department is soliciting your comments on the service you have received in processing your project. Enclosed is a Customer Service Survey form. Please take a few minutes to complete this form and return it to the City. Your help is greatly appreciated. utly,lespectfuily f\ ,kt\,yij^c> J01REMY L. RIDDLE Project Engineer c: Inspection Senior Office Specialist (no attachments) Van Lynch, Project Planner (no attachments) Permit Station (no attachments) File (no attachments) Attachments - Right-of-Way Permit Submittal Package Customer Service Survey ... Word/Docs/Misforms/lmprovement Plancheck Letter REV. 02/09/00 Engineerin^nspection Memo To: GATEWAY From: PROJECT INSPECTOR, JOE MC MAHON CC: SAM SmaJly, Van Lynch, Glenn, Vanpeski Date: 10/4/2000 Re: CT-9&-02 TERRACES OF SUNNY CREEK Upon field review of CT-96-02, The Terraces of Sunny Creek has elevation discrepancies between the elevations shown on plans and elevations represented in the field for the commercial site, lot 11 (CT-83-36 map 11242). It is unlawful to perform any grading work which is not in conformance with an approved grading permit. Due to the fact that there has been no evidence of grading for quite some time, and most of your grading equipment has been removed from the job site, you are directed to supply the City Of Carlsbad field elevations for the commercial site bt 11. The report must be completed by a licensed surveyor and submit those findings to the Engineering Department located at 5950 El Camino Real, Carlsbad, Ca, 92008, no later than 10-10-00. Upon review of your grading permits I could not locate information concerning your uncontrolled stockpile on the commercial tot known as tot # 1. Please submit a copy of your stockpile permit to the department and address listed above on or before 10-6-00. According to the City Of Carlsbad Landscape Manual, section IVE. /E.3 1.2- 2.1 sheet graded pads not scheduled for improvements within 6 months of completion of rough grade must follow standard # 1. If you need assistance in any of these matters please call me at (760) 602-2780 x 7312 • Page 1 949B37SB34 GLENN LUKOS 675 P02 RUG 02 '00 IB:11 GLENN LUKOS ASSOCIATES Regulatory Services August 2,2000 Mr. Dale Young Gateway Ivey Ranch Associates, Inc. 1158 Maryland Drive Vista, California 92083 SUBJECT: Results of Nesting Bird Survey for the Terraces at Sunny Creek, City of Carlsbad, San Diego County, California. Dear Mr Young: On July 31,2000, a qualified wildlife biologist from Glenn Lukos Associates, Inc. (GLA) visited the above referenced site for the purpose of determining the presence or absence of nesting birds first observed during nesting bird surveys conducted on May 16,17,18,19, and 20,2000 (please refer to nesting bird survey dated May 20,2000) as condition of approval for the proposed grubbing and clearing of trees prior to project grading and mitigation area. SITE DESCRIPTION The Terraces at Sunny Creek consists of approximately 39.9 acres located in the northeastern portion of the City of Carlsbad in San Diego County. The project is bounded by El Camino Real on the south, the proposed extension of College Boulevard to the west, and Agua Hedionda Creek immediately north of the property. Riparian vegetation supported in and adjacent to Agua Hedionda Creek include; western sycamore (Platamts racemosa), coast live oak (Quercus agrifolia), eucalptyus (Eucalyptus sp.}, rnulefat (Baccharis salicifolia), arroyo willow (Salix lasiolepis), Peruvian pepper tree (Schintts molle), toyon (Hetermoles arbutifolia), ash (Fraxinus sp.\ unidentified pine species (Pinus sp.), California blackberry (Rubus ursinus), stinging nettle (Urrica dtoica), poison oak (Toxicodendron diversilobum), and mugwort Artemisia dovglasiana). METHODOLOGY A GLA biologist qualified to do nesting bird surveys visited the above-mentioned property on July 31,2000. for the purpose of determining the presence or absence of nesting birds associated 23712 Blrtcher Drive Telephone: (949) 837-0404 Lake Forest California 92630-1782 Facsimile; (949) 837-5834 200121 XVd 62=iO IHd OO/tO/80 949B375B34 GLENN LIKDS 675 P03 flUG 02 '08 IBill Mr. Date Young Gateway Ivey Ranch Associates, Inc. August 2,2000 Page 2 with on site mitigation of the property. Table I summarizes the survey date, weather information and associated comments. Table 1. Nesting bird survey information. Date 07/31/00 Observer(s) * JA Time (Hrs) 0630-1200 Temperature OF) 72"-86° Wind Speed (Mph) 0-3 Comments Clear skies * JA refers to Jeff Ahrens. Where appropriate, the biologist conducted two passes among on site streambed vegetation beginning at the proposed College Boulevard terminus at Agua Hedionda Creek, southeast along Agua Hedionda Creek to the property boundary in order to determine the presence or absence of nesting birds. Redundancy assures that potential nests are not missed.1 Trees, shrubs and vegetation hi the riparian woodland were individually surveyed for occupied nests, unoccupied nests, or for birds exhibiting nesting behavior.2 Nesting status was determined by observing the nest, nest construction, eggs in nest, hatched eggs, chicks present, and the observation of a pair exhibiting nesting behavior including confrontational interaction with the biologist or other species, observation of a pair exchanging captured prey item, nesting materials being transported to an on site location, and defensive behavior of a defined territory. RESULTS No nesting birds or birds exhibiting nesting behavior were observed during the nesting bird survey. Birds observed on site include: house wren (Troglodytes aedon), orange-crowned warbler (Vermivora celata), California quail (Callipepla califorrdca), Bewick's wren (Thryomanes bewickii), spotted towhee (Pipilo erythrophthalmus), common yellowthroat (Geothlypis rrichaS), mourning dove (Zenaida macroura)t California towhee (Pipilo crissatis), house finch (Carpodacus mexicanus), Anna's hummingbird (Calypie anna}, lesser goldfinch (Carduelis psaltrid), Nuttall's woodpecker (Picoides nunallii), black headed grosbeak (Pheuciicus tnelanocephalus), acom woodpecker (Melanerpe*formicivorus), warbling vireo 1 Because of high poison oak (Tazicodendron drversilobvm) densities throughout the riparian woodland, some trees were inaccessible to survey for thorough examinations of potential nests,1 Given the limited time allotted TO conduct the Survey, coupled with high densities of trees and shrubs (some inaccessible), and cavities within the project site, results from this survey reflect the best efforts of the biologists and should not be interpreted as an absolute list of what is nesting on site- COO®XVd OC=IO IHd OO/fO/fiO 9496375B34 GLENN LUkOS 675 P84 SUE 02 '00 19:11 Mr. Dale Young Gateway Ivey Ranch Associates, Inc. August 2,2000 Pages (Vireo gilvus), black phoebe (Sayornis nigricans), northern mockingbird (Mimvs polygloiias), and western kingbird (Tyrannus venicalis). CONCLUSIONS No nesting birds were observed nesting or exhibiting nesting behavior during the July 31,2000 survey. Therefore, it is my opinion that construction activities within the mitigation area would not violate the Migratory Bird Treaty Act. If you have any questions regarding this letter report, please contact Jeff Ahiens, Glenn Lukos or Sally Davis at (949) 837-0404. Sincerely, GLENN LUKOS ASSOCIATES, INC- JeffAhrens Biologist s:0375-lc.rpt POO® XVd OC'iO IHd OO/fO/80 July 19, 2000 TO: BOBBIE HODER PLANNING DEPARTMENT - GRAPHICS TRAFFIC ENGINEER RAENETTE ABBEY, BUILDING DEPARTMENT RONNA STICKROD, BUILDING DEPARTMENT STEVE RUGGLES, STATION #3 FIRE DEPARTMENT GREG WOODS, PUBLIC WORKS - OAK ST OFFICE LORI ALLEN, POLICE DEPARTMENT KARL VON SCHLIEDER - CIS FROM: Planning Director STREET NAMES FOR CT 96-02 - TERRACES AT SUNNY CREEK The following street names have been approved as a part of the final map processing for CT 96-02. A map delineating street locations is attached. Public Street: Street 'A': Sunny Creek Road Private Streets: Street 'B': Badger Lane Street 'C': Foxtail Loop Street 'D': Coyote Court Street '£': Wolverine Terrace Street'F': Lynx Way Attachment H:\Admin\Streets4 REMAINDER P, KEY MAP City of Carlsbad Planning Department July 10, 2000 Mark Durham U.S. Army Corps of Engineers P.O. Box 532711 Los Angeles, CA 90053-2325 Re: Terraces at Sunny Creek An alleged violation of the Clean Water Act has occurred as part of the grading for the above referenced project. Your office has assigned it case no. 972004900-RRS. Independently, the City of Carlsbad issued a stop work notice for the grading in order for the project to obtain concurrence from the U.S. Fish and Wildlife Service (USFWS) and California Department of Fish and Game (CDFG) on a 4(d) permit to take coastal sage scrub. In response to the 4(d) permit application, the USFWS expressed concern regarding issuance of the 4(d) permit while the Clean Water Act case is pending. However, the City of Carlsbad has concerns with the grading operation remaining unfinished. We have received a letter from the developer's attorney (attached) which suggests that there is no basis for the 4(d) permit to be held up pending the outcome of the Clean Water Act case. We find this argument to be persuasive, and we believe the grading operation should be completed for a variety of reasons. Therefore, the City of Carlsbad will authorize grading to resume on Wednesday, July 12, 2000. In taking this action, the City acknowledges that the Clean Water Act case is still pending, and a separate CDFG case is also still pending. The City takes no position on these matters, and we will continue to cooperate with the Corps of Engineers and others agencies upon request. Our position is simply that the grading operation, having already been initiated and then stopped for nearly 30 days, must be completed. If you have any comments regarding this action, please contact me at the address and phone number below. Don Rideout Principal Planner Nancy Gilbert, USFWS Bill Tippets, CDFG Gateway Ivey Ranch Associates City Attorney 1635 Faraday Avenue Carlsbad, California 92008-7314 (760) 602-4602 HEWITT & McGuiRE, LLP ATTORNEYS AT LAW 19900 MACARTHUR BOULEVARD, SUITE 1050 CHAW^SS EXOH IRVINR. CALIFORNIA 92612 SANDRA A. GALLE (949)798-0500 • (949)798-0511 (FAX) uvTpILcw'^F WILLIAM E. HALUE EMAIL: counsel@hewfttmeguire,com PAUL A. ROWFi ANDREW K.HARTZELL WILLIAM L.TWOMSV HUGH HEWITT WRITER'S DIKIiCT DIAL: (MS) 798.0720 JOHK p ' July 1,2000 VIA FACSIMILE Don Hideout 1635 Faraday Avenue Carlsbad, CA 92008-7314 Re: Stop Work Order on Grading Permit No. QQOOS (Terraces at Sunnv Creek') Dear Mr, Rideout: We represent the Terraces at Sunny Creek, LLC, owner of the above-referenced project (the "Project"). The City of Carlsbad issued a "stop work" order on the Project on June 12,2000 on the grounds that approximately 1.7-acres of coastal sage scrub had been removed from the project site in advance of the resource agencies' concurrence in a City-approved Interim Habitat Loss Permit. This stop work order continues to be in effect despite the fact that: (1) the City issued a grading permit for the project; (2) my client had no knowledge that the necessary concurrence had not been obtained; (3) the sage scrub was not occupied by gnatcatchers (thus no gnatcatcher "take" authorization was at issue); (4) the mitigation for impacts was agreed upon and has been purchased already; and (5) the 1.7 acres of sage scrub at issue is gone. I respectfully submit that the above-described circumstances do not justi ry an ongoing stop work order for the Project. Unfortunately, the habitat loss permit issue has become improperly entangled in two other issues (involving impacts to white shouldered kites and an alleged violation of the Army Corps' 404-permit program). These are issues that the City should allow our client to work out directly with the appropriate agencies. These issues are not the current basis for the stop work order nor would they constitute proper grounds for a City-issued stop work order. The delay my client is experiencing is causing it significant financial harm and we believe the City is potentially liable for the damages being suffered. We also believe it is not in the City's interest to leave the Project site in a partially graded condition. Per earlier discussions, our client will commit to the placement of fossil filters on all inlets/outlets on the Project site and is prepared to deliver a certified cashier's check in the amount of $10,000 to the City on Monday, July 10lh to be placed in a special account to ensure the use of fossil filter*. Upon delivery of this 07-07-00 S:\I96\CORR\00070004.LTR. WPD Don Hideout July 7,2000 :2 check, the stop work order should be lifted (the City can provide any other agencies notice of its actions as it deems appropriate). If the City lifts the stop order Monday, then we will not pursue any action at law or equity against the City in connection with City's issuance of the stop work order. If it is not lifted, then we will pursue all available avenues to redress what we believe is in an improper order. Please call if you have any questions or wish to discuss this matter further. Very truly yours, Mark R. McGuire MRM/pm 07-07-00 SA196\CORR\0007Q004.LTR.WPD DEPARTMENT OF THE ARMY / //. v , ... LOS ANGELES DISTRICT, CORPS OF ENGINEERS / ? J> \ P.OBOX532711 / if,, """^l* LOS ANGELES, CALIFORNIA 90053-2325 /.-.,. wU/i/ ;) <j«^, ? // ///V-.--- ' " '"^ -^** f•^ijj. •"; • < • •. HI f REPLY TO . --..J'VW V-''-— b'T7'7~ATTENTIONOF: • "'•""--„ '•- June 26,2000 **""""" Office of the Chief Regulatory Branch SUBJECT: NOTICE OF VIOLATION OF THE CLEAN WATER ACT ENFORCEMENT CASE NO. 972004900-RRS CERTIFIED MAIL - RETURN RECEIPT REQUESTED Gateway Ivey Ranch Associates Attention: Dale Young 1158 Maryland Drive Vista, California 92083 Gentlemen: It has come to my attention that you or your contractors have been discharging dredged or fill material into wetlands tributary to Agua Hedionda Creek in the City of Carlsbad, San Diego County, California. The Corps hopes that this problem can be resolved informally and amicably. However, you should recognize that under Sections 301 [33 U.S.C. 1311] and 404 [33 U.S.C. 1344] of the Clean Water Act and Corps regulations promulgated pursuant thereto, the discharge of dredged and/or fill material into waters of the United States is unlawful unless such discharge has been specifically authorized pursuant to Section 404 of the Act by the Secretary of the Army through a Corps of Engineers permit. The potential penalties for violation of this Section include a maximum criminal fine of $50,000 per day and imprisonment for up to three years, and a maximum civil penalty of $25,000 per day of violation [33 U.S.C. 1319]. Within the next 20 days, please provide any information you may have regarding this activity, including a project description, drawings, and photographs of the site to the Chief, Regulatory Branch, P.O. Box 532711, Los Angeles, California 90053. During the next few weeks, Regulatory Branch personnel will be conducting an investigation of this activity. By copy of this letter, I am requesting input from the agencies indicated on the enclosed list to facilitate this investigation and my decision on what initial corrective measures may be necessary. Once this evaluation is complete I will issue you an order for any required initial restoration and, if appropriate, will accept an after-the-fact permit application for processing. If complete restoration is not required, you must apply for a Department of the Army Permit for the discharges already performed. Enclosed is a Department of Army Permit application and information booklet. -2- Failure to comply with this order may result in my recommendation to the United States Attorney to institute appropriate legal proceedings to enforce this order. Additionally, compliance with this order does not foreclose the Government's options to initiate appropriate legal action or to require the submittal of a permit application. By copy of this letter, I am requesting that the United States Attorney open a file on this unauthorized activity. If you have any questions regarding this matter, please contact Robert Revo Smith in our Regulatory Branch at (213) 452-3419. Sincerely, /J&y-/ GeorgprL. Beams Chi«, Construction - Operations Division -3- Copies of this letter have been forwarded to: U.S. Fish and Wildlife Service Attn: Mr. Ken Berg 2730 Loker Avenue West Carlsbad, California 92008 U.S. Environmental Protection Agency Attn: Mr. Tim Vendlinski, Chief Wetlands Regulatory Office (WTR-8) 75 Hawthorne Street San Francisco, California 94105 California Department of Fish and Game Attn: Charles Raysbrook 4949 View Ridge Ave. San Diego, CA 92123 U.S. Department of Justice U.S. Attorney's Office Attn: Ms. Nita Stormes Chief, Civil Division 880 Front Street, Room 6293 San Diego, CA 92101-8893 California Regional Water Quality Control Board Region 9, San Diego Region Attn: Mr. Greig Peters 9771 Clairmont Mesa Boulevard, Suite A San Diego, CA 92124 City of Carlsbad Planning Department June 13,2000 Dale Young Gateway Ivey Ranch Associates, Inc. 2006 Palomar Airport Road, Suite 1 13 Carlsbad, CA 92008 RE: CT 96-02 - TERRACES AT SUNNY CREEK GRADING Dear Mr. Young: It has come to the attention of the City that on or about June 5, 2000, the .9-acres of coastal sage scrub habitat adjacent and northeasterly of El Camino Real, south of Future College Blvd., has been removed. This habitat area was not to be removed until approval was received from the City. At this time the City must stop the grading operation until the 4d, or habitat loss permit, has been endorsed by Julie Vanderweir with the US Fish and Wildlife service and California department of Fish and Game. The City had the understanding that grading would be allowed to continue as long as there were no additional impacts to habitat. The habitat impacts to the .8-acre area located on the northerly portion of the site were allowed with the clearance of the nesting bird survey. The City understands that the survey was completed and after some Quail had fledged, that there were no additional impacts to nesting birds. However, the bird survey did not, and was not intended to, allow the removal of the habitat along El Camino Real. As of June 13, 2000, the City has forwarded the City Council's action on the interim habitat loss permit and other information to the US Fish and Wildlife Service and California Department of Fish and Game to request their concurrence on issuance of permit. The agencies have a 30-day comment period. If they do not respond within 30 days, the permit will be deemed approved. During this time, the agencies may concur with the decision or request modifications. If you have any questions regarding the above, please give me a call at (760) 602-4613. Sincerely, VANEYNCH Associate Planner VL:mh c: Don Rideout Gary Wayne Chris DeCerbo Jeremy Riddle Julie Vanderweir State of California Department of Fish and Game U.S. Fish and Wildlife Service 4949 Viewridge Avenue 2730 Loker Avenue West San Diego, CA 92123Carlsbad, CA 92008 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-460O • FAX (760) 6O2-8559 City of Carlsbad Planning Department June 12, 2000 Mr. Ken Berg, Field Supervisor U.S. Fish and Wildlife Service 2730 Loker Avenue West Carlsbad, CA 92008 Mr. William Tippets California Department of Fish & Game 4949 Viewridge Drive San Diego, CA92123 Re: Habitat Loss Permit for El Camino Real Widening Project Dear Mr. Berg and Mr. Tippets: On April 25, 2000, a Habitat Loss Permit was approved by the Carlsbad City Council for the El Camino Real Widening Project. The subject property is located in the Northeast Quadrant of the City of Carlsbad, as shown on the attached location map which is included in the Agenda Bill to the City Council. The project will take .90 acres of coastal sage scrub. The impact was analyzed in the previously certified EIR 98-01 for the Terraces at Sunny Creek. The impact is being mitigated at a ratio of 2:1 by acquisition of a conservation easement over a portion of the Holly Springs property. Enclosed with this letter is a 1990 biological report for Holly Springs as well as a more recent vegetation map by PSBS. The proposed mitigation site consists primarily of coastal sage scrub, with patches of native grassland, southern mixed chaparral, and disturbed area. Pursuant to the 4(d) rule for the California gnatcatcher, this Habitat Loss Permit is being transmitted to your offices for the required 30 day comment period. The comment period will close on July 17, 2000. Attached for your reference is a tabulation of all coastal sage scrub losses authorized by the City of Carlsbad since March 1993. If you have any questions regarding this project, please feel free to contact me at 602-4602. Thank you for your cooperation in this matter. Sincerely; Don Rideout Applicant Engineering Dept. 949B375834 GLENN LUKOS 641 P02 MOY 10 '00 16:26 QLENN LUKQS ASSOCIATES Regulatory Services May 10,2000 Joe McMahon Construction Inspector City of Carlsbad - Public Wortcs 5950 El Camino Real : Carlsbad, California 92008 SUBJECT: Results of Nesting Bird Survey Conducted for the Sunny Creek Property, Carlsbad, San Diego County, California Dear Mr. McMahon: On April 5 and 8, 2000 biologists from <51enn Lukos Associates, Me, (GLA) visited the above-mentioned property to determine whether nesting migratory birds or raptors were present among the trees and shrubs remaining On site. These surveys were conducted following the imported loss of a female white* tailed kite (£lanus lewcurus) and four nestlings during the felling of a coast live oak (Quercus agrifolia) on the mornjgag of April 5,2000. j ; GLA biologists inspected all trees;and shrubs remaining within the limits of grading for the Sunny Creek property. In addition, areas located immediately adjacent to the limits of grading were also inspected to determine whether nesting birds might be present and subject to impacts due to noise and dust generation. On April 5, one red-shouldered hawk (Buieo lineaius) nest containing two nestlings was observed within a western sycamore (Plantanus racemose) located approximately 100 feet across the creek from grading operations. Biologists observed continued parental visitation to the nest on April 8 during performance of grading activities. Therefore, it is not anticipated mat site grading will alter the nesting activities of these individuals. No additional nests were observed on site or within areas immediately adjacent to the grading limits. ; If you have any questions regarding this letter, please contact me at (94<3) 837-0404. Sincerely, GLENN LUKOS ASSOCIATES, INC. ; Denise Fitrpatrick Biologist s:0375-lc.ltr cci Dale Youn 23712 Birtcher Drive Telephone; (949) 837-0404 Ivey Ranch Associates, Inc. Lake Forest California 92630-1782 Facsimile: (949) 837-5834 80S8 I £6 <29L IdOddlV AVM31VO HOdd HV6l:6 000S-IL-S GLENN LUKOS ASSOCIATES Regulatory Services DAVID F. MOSKOVITZ ;// Regulatory Specialist/Botanist *r [ T 23444 Ouitlli Klllim Ul, ' MJIItJ IUO«« laguuu iinu/^n ?AU^ . Telephone: (949) 837-0404 • Facsimile: (949) 837-5834 GLENN LUKOS ASSOCIATES Regulatory Services SALLY DAVIS Habitat Restoration Specialist 23712 Birtcher Dr. • Lake Forest, CA 92630-1782 Telephone: (949) 837-0404 x46 • Facsimile: (949) 837-5834 Cell: (949) 307-5395 • sdavis@wetlandpermitting.com THOMAS A. DEMERE, Ph.D. Curator, Department of Paleontology Director, Paleontological Services Sneer Actdtess 1788 E! Pradc, San Diego CA 92101 Mailing Address P.O. Box 1390 San Diego, CA 921 12 (619) 232-3821 ex;. 232 FAX'(619) 232-0248 E-mail: pcleosdnhm-P earthlink.net Website: www.sdnhm.org J. Whalen Associates 4517 Santa Monica Avenue San Diego, California 92107-2905 619.222-5856 619. 222-6450 FAX Balancing the needs of the environment with those of business May 9, 2000 Mr. Don Rideout City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 RE: Purchase of Sunny Creek Terraces Mitigation Land Dear Don: Per our conversation last week, attached for your records is a copy of the grant deed, the purchase agreement and escrow instructions, and a map showing the location of the mitigation land for the five acres of mitigation land needed to mitigate the impacts to 1.9 acres of coastal sage scrub plus 1.5 acres of native grassland on the Terraces project site. The purchase of a conservation easement from Holly Springs Ranch was completed on May 8, 2000. We hope to complete discussions with the California Department of Fish & Game on taking over long-term management of the property in the next few weeks. In the meantime, the Kelly family will continue to maintain the property. Thank you for your assistance in moving this very challenging project ahead. If you have any questions, please do not hesitate to call me. Very Cc: Julie Vanderwier (USFWS) David Lawhead (CDFG) Chris Dahrling (Gateway) Sunny Creek TR 96-02 REVISED* Plan 1 1 1 2 2 2 3 3 3 4 4 4 Elevation] Type A B C A B C A B C A B C Stone Brick Stucco Stone Brick Stucco Stone Brick Stucco Stone Brick Stucco EXISTING Plan 1 1 1 2 2 2 3 3 3 4 4 4 Elevation] Type A B C A B C A B C A B C Stucco Stone Brick Stone Brick Stucco Brick Stone Stucco Stone Brick Stucco * Ryland is revising the existing elevation scheme to streamline consistency through plan types so all elevations match from plan to plan. t City of Carlsbad Public Works — Engineering March 6, 2000 The Terraces at Sunnycreek, LLC Attn.: Chris Dahrling 2006 Palomar Airport Road, Ste. 113 Carlsbad, CA 92008 SUBJECT: REQUEST FOR ADVANCED GRADING PERMIT FOR CT 96-02 (TERRACES AT SUNNYCREEK) Dear Mr. Dahrling: This letter serves to respond to your written request (see attached letter, dated February 24, 2000) for the City of Carlsbad to issue an advanced grading permit for the above project prior to Final Map recordation. The committee has met on this issue and we regret to inform you that we are unable to issue "pre-map Grading Permits" for this project. Based on our review of the project, the improvement plans, grading plans, and final map are near technical approval and bonds are being processed. However, our review of the conditions-of- approval for the Terraces at Sunnycreek reveal a few major issues which have not been satisfied. Please coordinate with your Project Planner to resolve the following Planning Department issues below: • Obtain the 4d Permit (agency approvals) • Obtain approval of the re-vegetation plans (EIR Mitigation Measures) At this point, the committee will not consider issuing "pre-map Grading Permits" for the above project. Although your request is denied, the project is near technical approval, and we do look forward to completing the project with you. If you have any questions with the above, please contact Jeremy Riddle, the Project Engineer at 760-602-2737 or Van Lynch, the Project Planner at 760-602-4613. Thank you for your cooperation. Sincerely, Bob Wojcik, Deputy City Engineer Attachment c: Jeremy Riddle, Project Engineer x Van Lynch, Project Planner File 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 6O2-2720 • FAX (76O) 602-8562 • GATEWAY IVEY RANCH ASSOCIATES, INC. Date: February 3, 2000 To: Engineering Department City of Carlsbad From: Chris Dahrling (s&2^ The Terraces at Sunny Creek LLC Re: Covenants, Conditions and Restrictions This memorandum is to clarify the red line comment on the front sheet of the CC&Rs that were picked up out of plan check last week. We believe that Article I Section 9 on pages 4 and 5, which defines "Common Area" in conjunction with Article X Section 1 on pages 73 and 74 fully addresses the comments made by the plan checker on the front cover of the document regarding the maintenance responsibility of private roads and storm drains. If you have any questions, please call me at (760) 639-6390. 2006 Palomar Airport Road, Suite 113 • Carlsbad, CA 92008 • (760) 931-8181 /an^nch-2/9/00 meeting rpthp SiiniJ^ii i i rinj'i i t (TheTerr;ii i 1 ' ' ' 4^ " ' "_ "" Page 1 From: "BRIAN BARNHORST" <bbarnhorst@chapinlaw.com> To: <gwayn@ci.carlsbad.ca.us> Date: 2/8/00 6:01 PM Subject: 2/9/00 meeting re the Sunny Creek Project (The Terraces) Gary - Sorry for the delay in getting this agenda to you. It is attached as a WordPerfect document, but I have copied the text here in case you have trouble opening it. Mr. Panther and I will see you at 10:00. PROPOSED AGENDA FOR 2/9/00 MEETING AMONG GARY WAYNE, JIM PANTHER AND BRIAN BARNHORST 1. Overview of history and present status of the Sunny Creek Project 2. What has happened since approval of the Tentative Map in November of 1998, including progress toward the satisfaction of conditions for approval of the Final Map, as well as any significant delays and their cause 3. The status of the wetlands issue and its impact on development 4. Whether the present plan for the Terraces can be amended to accommodate larger homes, and what would be involved in that process (including timing) 5. The zoning and land use designation for the remainder parcel, the impact of the Carlsbad Management Habitat Plan on that parcel, whether there are any current plans being discussed or in process (and, if so, with whom) 6. The history and status of the shopping center site, including the City's posture toward it Brian A. Barnhorst CHAPIN SHEA McNITT & CARTER 501 W. Broadway, Suite 1500 San Diego, CA 92101-3541 Tel: (619) 237-0977 Fax:(619)232-4780 bbarnhorst@chapinlaw.com The information contained in this electronic mail transmission is confidential and intended to be sent only to the stated recipient of the transmission. It may therefore be protected from unauthorized use or dissemination by the attorney-client and/or attorney work-product privileges. If you are not the intended recipient or the intended recipient's agent, you are hereby notified that any review, use, dissemination, distribution or copying of this communication is strictly prohibited. You are also asked to notify us immediately by telephone or electronic mail and to delete the original electronic document and all copies on your system immediately. Thank you in advance for your cooperation. Van Lynch - Terraces From: Jeremy Riddle To: Van Lynch Date: 2/3/00 5:26PM Subject: Terraces I met w/ the owners and engineer's today on CT 96-02. The provided me with corrections to the CC&R's I have no further reivsions with those documents. I will foward you a copy of the changes, for your info. Thanks. Jeremy L. Riddle Associate Engineer City of Carlsbad Public Works-Engineering jridd@ci.carlsbad.ca.us GATEWAY WEY RANCH ASSOCIATES, INC. Date: February 3, 2000 & To: Engineering Department City of Carlsbad From: Chris Dahrling (^2-' The Terraces at Sunny Creek LLC Re: Covenants, Conditions and Restrictions This memorandum is to clarify the red line comment on the front sheet of the CC&Rs that were picked up out of plan check last week. We believe that Article I Section 9 on pages 4 and 5, which defines "Common Area" in conjunction with Article X Section 1 on pages 73 and 74 fully addresses the comments made by the plan checker on the front cover of the document regarding the maintenance responsibility of private roads and storm drains. If you have any questions, please call me at (760) 639-6390. 2006 Palomar Airport Road, Suite 113 • Carlsbad, CA 92008 • (760) 931-8181 10:6194416421 JflN 26'00 12 = 53 No.005 P.01 Affinis Shadow Volley Center • 647 Jomacho Rood • El Cojon, Californio 92019 • (619) 441-0144 January 26, 2000 faxed — one page TO: Mike O'Hara FROM: Mike BUsdosh Project: Terraces at Sunny Creek / Thank you for contacting us about upcoming work on this project. Review of our present commitments and schedule has shown we will not be able to do any additional work for you. There are several firms in the area doing cultural resources work. Any of these that is acceptable to the city of Carlsbad should be able to do the work needed. Please have your cultural resources consultant contact us. We will transfer the project collection to them, including the obsidian that the project is required to analyze as part of the mitigation. You mentioned the City has a new planner for the project. Mary will call Van Lynch to explain the transition and the mitigation requirements. It has been a long process for your group, and it must feel good that you are nearing the end. Good luck with the project. cc: Van Lynch, City of Carlsbad Memo Russell W. Grosse Development Co., Inc. 5850 Avenida Encinas, Suite A Carlsbad, CA 92008 760/438-3141 • FAX 760/438-7615 To: From: Copy: Date: Re: Van Lynch City of Carlsbad Mike O'Hara Chris Dahrling Manitou Engineering Steve Ahles Bill Park January 12, 2000 Via Fax 438-0894 Via Fax 639-6305 Via Fax 745-7487 Via Fax 632-0289 Via Fax 604-732-5891 THE TERRACES AT SUNNY CREEK- PLANNING COMMISSION MEETING WITH CITY OF CARLSBAD JANUARY 12,2000 Listed below is a review for your approval and/or corrections of our meeting today. In Attendance: City of Carlsbad - Van Lynch City of Carlsbad - Chris DeCerbo Gateway - Chris Dahrling and Dale Young Manitou Engineering - Brian Regan, Frank Fitzpatrick, Marty Lauber RWG, Inc. - Mike O'Hara Discussion: Van Lynch's letter of November 1,1999. A/6 Only resolutions needed to be copied are Planning Commission approvals and EIR. Responsibility: Manitou Engineering will provide. A/9 Fees to be paid at building permit. A/10 School Mello letter of 12-9-99 from school district. A/11 Copy of zone plan to be provided by Don Rideout of City of Carlsbad. A/15 (This may need additional identification on the map and landscape plans.) Steve Ahles' landscaping plan will provide the necessary information to cover Condition A/15, which must be approved by Larry Black. This plan will be submitted by Steve for the third plan check on Friday, January 14,2000. A/53 The CC&R's approval process has been changed from the City Attorney's office to the Planning Department, and Van Lynch has reviewed and approved the CC&R's. A/57 Chris Dahrling will be updating the building plans with Bassenian/Lagoni and will address this issue prior to obtaining building permits. A/58 See A/15. A/60(a) Mitigation Measures - Cultural Resources collected at CA-SDI-9701. Information which was previously given to Brian Hunter by Affinis in not now available in City files, and Affinis will obtain the information from their files in storage. A/60(b) National Pollution Discharge Elimination system. Letter from State Water Resources Control Board dated 6-30-99 Responsibility: Plus plan by Manttou.. A/60(c) 1603 Agreement and 401 Certification. Glenn Lukos correspondence and permit agreements. A/61 Conditions to be met during improvement/construction period. A/67 Letter from Affordable Housing Agency dated 10-22-99. B/3 Deposit/security will be provided prior to issuance of permits. Responsibility: Manitou/Steve Ahles Pat\SCTertmemo\LynchPlanCom.mo •arlsbad Unified School District 801 Pine Avenue • Carlsbad, CA 920Q8 (760) 729-9291 • FAX (760) 729-9685 -a world class district December 9, 1999 Mr. Chris Dahrling The Terraces at Sunny Creek LLC 2006 Palomar Airport Road Suite 113 Carlsbad, CA 92008 Dear Mr. Dahrling: Per Mike O'Hara's suggestion, I would like to update you on the fact that your parcels (209-060-59, 209-090-01 to 10, 209-090-12) also known as "The Terraces at Sunny Creek" which are a part of the Annexation Number 4 to Community Facilities District Number 3 have moved to the point in the mitigation process wherein the Carlsbad Unified School District has called for an election to determine if these landowners want to become a part of the mitigated district. These ballots are being mailed today and are due back into the District office by 4:00 p,m, on December 28, 1999. At the January 12, 2000 Board Meeting, the Board of Trustees will canvas the election results, and if successful, will adopt a resolution annexing the parcels into the district. After several more steps, the special tax ordinance will become effective on February 25, 2000. Should you have any questions, please call me at (760) 729-9291. Sincerely, Judy Cunniff Administrative Assistant, Business Services cc: Mike O'Hara Fax: (760)438-7615 GLENN LUKOS ASSOCIATES Regulatory Services November 15, 1999 Mike O'Hara CanAm Estates, LLC 5850 Avenida Encinas Suite A Carlsbad, California 92008 SUBJECT: Status of 401 Certification for Sunny Terraces, Carlsbad, California Dear Mr. O'Hara: You have asked about the nature of your 401 Certification from the Regional Water Quality Control Board for your Sunny Terraces project in Carlsbad, California. Section 401 of the Clean Water Act requires any applicant for a federal license or permit to conduct any activity that may result in a discharge of a pollutant into waters of the United States to obtain a certification that the discharge will comply with the applicable effluent limitations and water quality standards. You intend to use one of the Corps' nationwide permits (a federal permit) and, therefore, you must obtain 401 certification from the Regional Water Quality Control Board. On April 27, 1998, we submitted an application [Exhibit 1] to the San Diego Regional Water Quality Control Board for the subject project. As usual, we sent the application by Federal Express so that we could get verification of its delivery. As shown on Exhibit 2, the application was delivered at 9:06 am on April 29, 1998 and signed for by E. Harris. Accompanying that application was a check for $ 1,000 to cover the application fee. A copy of that canceled check (dated April 28, 1998) is provided as Exhibit 3. Regarding 401 certifications, Corps regulations (at 33 CFR 325.2(b)(l)(ii) state: No permit will be granted until required certification has been obtained or has been waived. A waiver may be explicit, or will be deemed to occur if the certifying agency fails or refuses to act on a request for certification within sixty days after receipt of such request... 23441 South Pointe Drive • Suite! 50 • Laguna Hills, California 92653 Telephone: (949) 837-0404 Facsimile: (949) 837-5834 1 . MikeO'Hara CanAm Estates, LLC November 15, 1999 Page 2 We never received a response to our request for certification (which was not uncommon with the San Diego Regional Water Quality Control Board in early 1998) and, because more than sixty- days have passed since our documented request, the 401 certification is deemed waived. Waiver by default is not an unusual situation for 401 certification; however, it does make it difficult upon the applicant when he is required to show proof or evidence of all permits. In your case, with verification of delivery and a canceled check for the application fee, you should have no problem documenting compliance with the pertinent regulations. If you have any questions, please call me at (949) 837-0404. Sincerely, GLENN LUKOS ASSOCIATES, INC. Glenn C. Lukos President s:0232-2s.ltr GLENN LUKOS ASSOCIATES Regulatory Services April 27, 1998 Arthur Coe California Regional Water Quality Control Board San Diego Region 9771 Clairemont Mesa Boulevard, Suite B San Diego, California 92124 SUBJECT: 401 Water Quality Certification or Waiver Thereof for Impacts to U.S. Army Corps of Engineers Jurisdiction at a Man-Made Ditch for the Extension of College Boulevard at El Camino Real in Carlsbad, San Diego County, California Dear Mr. Coe: Enclosed for your review is a request for a 401 water quality certification, or waiver thereof, for unavoidable impacts to U.S. Army Corps of Engineers (Corps) jurisdiction related to the extension of College Boulevard at El Camino Real in the City of Carlsbad, San Diego County. The area of Corps jurisdiction permanently impacted totals 13,010 square feet (0.3 acre), noneofwhich continues to meet the three-parametertest for federally-defined wetlands. The applicant proposes to perform the work under the authorization of nationwide permit number 14 (for minor road crossings) issued by the Corps. Please find enclosed a check for $ 1,000 to cover the processing fee. I. PROJECT APPLICANT Name: Russell W. Grosse Development Co. Agent: Glenn Lukos Associates Address: 5850 Avenida Encinas Address: 23441 South Pointe Drive Suite A Suite 150 Carlsbad, California 92008 Laguna Hills, CA 92653 Contact: MikeO'Hara Contact: Glenn Lukos Phone: (760) 438-3141 Phone: (714) 837-0404 II. PROJECT LOCATION The proposed extension of College Boulevard would occur where it currently ends at El Camino Real [Exhibit 1]. The 1968 U.S. Geological Survey (USGS) topographic map, San Luis Rey, California (photorevised in 1975) [Exhibit 2], shows two intermittent streams on the site, Letterbox Canyon and Agua Hedionda. There is no longer any evidence of the original Letterbox Canyon 23441 South Pointe Drive • Suite 150 • Laguna Hills. California 92653 Telephone: (714)837-0404 Facsimile: (714)837-5834 Arthur Coe California Regional Water Quality Control Board April 27, 1998 Page 2 streambed on the site, probably the result of farming activities on the site and development in Letterbox Canyon immediately south of the site on the opposite side of El Camtno Real. III. PROJECT DESCRIPTION The proposed extension of College Boulevard across El Camino Real [Exhibit 3] includes the widening of the north side of El Camino Real for 2,100 feet east of the intersection for a right turn lane, and 900 feet west of the intersection for an acceleration lane. An existing 36-inch RCP storm drain outlet will be extended within the extension of College Boulevard. Stormwater from the storm drain will discharge onto uplands and will sheetflow into Agua Hedionda in a manner similar to the discharges from the existing end of the storm drain. IV. EXISTING CONDITIONS Drainage A is primarily a man-made drainage ditch that runs from east to west along the northern edge of El Camino Real to Sunny Creek Road where it turns north and follows the eastern edge of Sunny Creek Road before it flows under a culvert and heads off the subject site and into Agua Hedionda Creek. Drainage A starts within the site as a dry gully between El Camino Real and a hill adjacent to El Camino Real [Exhibit 4, Photo 1]. At its upper reach Drainage A is an dry, narrowly incised and unvegetated ephemeral drainage with a sandy to cobbly bottom between one and three feet wide. At the base of the hill forming this dry gully (approximately 1,300 feet from the origin of the gully) a concrete box culvert [Exhibit 4, Photo 2], until recently, discharged a constant trickle of water into the gully which, at this point, has been confined to a man-made drainage ditch along the southern and western edge of the property [Exhibit 4, Photo 3], eventually discharging into Agua Hedionda. According to the project engineers, the water from the box culvert is the result of development directly south of the project site (on the other side of El Camino Real) where ground water is being collected by a French drain and conveyed across El Camino Real through this box culvert. In early 1998, after coordination with CDFG and the Corps, the box culvert was permanently closed with a concrete wall [Exhibit 4, Photo 4] through which a PVC pipe was installed [Exhibit 4, Photo 5] to collect the trickle of water and convey the water off the property at its normal discharge point (at the end of the man-made ditch). The closing of the box culvert and installation of the PVC pipe was all carefully performed to avoid any discharge of dredged or fill material into a water of the United States. Arthur Coe California Regional Water Quality Control Board April 27, 1998 Page 3 Prior to the closing of the box culvert and installation of the PVC pipe, the man-made ditch downstream of the box culvert was sufficiently wet to support a narrow band of cattail wetlands within the ditch. After closing of the box culvert and installation of the PVC pipe, the man-made ditch below the box culvert no longer has the hydrology necessary to support a wetland. Approximately 320 feet downstream of the box culvert (where College Boulevard is proposed to cross El Camino Real), periodic flows from a 36-inch storm drain emptied into the man-made ditch [Exhibit 4, Photo 6]. Further downstream two corrugated metal pipes drain runoff from El Camino Real into the man-made ditch. In early April 1998 the 36-inch storm drain was fitted with a four- inch PVC pipe to collect all nuisance flows and convey these flows to the same drain attached to the box culvert. Large storm events will exceed the capacity of the four-inch PVC pipe and will flow into the man-made ditch, but there is no longer a possibility of runoff from street cleaning, overwatering of landscape, or smaller storm events. The two corrugated metal pipes only drain portions of El Camino Real and do not contribute significant amounts of water to the man-made ditch. A non-jurisdictional swale is located near the headwaters of Drainage A. This swale lacks evidence of an OH WM, other indicators of consistent flows, or hydrophytic vegetation and is therefore is not subject to Corps jurisdiction [Exhibit 4, Photo 7]. V. JURISDICTIONAL AND IMPACT AREAS The proposed extension of College Boulevard, and attendant features, will impact 13,010 square feet (0.3 acre) of dry ephemeral drainage and man-made drainage ditch. Portions of the man-made drainage ditch at one time supported wetlands that met the three-parameter test for jurisdiction. However, the artificial sources of water to these wetlands have been permanently removed and the man-made ditch no longer meets the three-parameter test for jurisdictional wetlands (although it does remain a wstfer of the United States). Arthur Coe California Regional Water Quality Control Board April 27, 1998 Page 4 VI. FEDERAL AUTHORIZATION FOR IMPACTS Nationwide permit number 14, issued by the Corps, authorizes the discharge of dredged or fill material into waters of the United States for minor road crossings and all attendant features, both temporary and permanent, provided that (1) the width of the fill is limited to the minimum necessary for the actual crossing; (2) the fill placed within waters of the United States is limited to an area of no more than 1/3 acre and a total of 200 linear feet across wetlands; (3) the crossing is culverted, bridged, or otherwise designed to prevent the restriction of, and to withstand, expected high flows and to prevent the restriction of low flows and the movement of aquatic organisms; (4) the crossing and all attendant features (both permanent and temporary) are part of a single and complete project; and (5) if the crossing involves the discharge of fill into a wetland, the use of this NWP must be approved by the Corps on a case-by-case basis through the pre- construction notification process. VII. EFFECTS ON WATER QUALITY A. Discharge of Construction Waste Water and Storm Water Runoff Section 402(p) of the 1987 amendment to the Clean Water Act requires that this project be authorized by a National Pollutant Discharge Elimination System (NPDES) permit. The primary objectives of the NPDES General Construction Activities Storm Water Permit are to: (1) reduce excessive erosion potential, (2) minimize excessive sedimentation, (3) prevent other materials used at the construction sites from causing off-site contamination, (4) eliminate non-storm water discharges from the construction sites, (5) install appropriate measures to reduce impacts on waterways from the completed project, and provide a commitment that these measures will be maintained, and (6) establish maintenance commitments on post-construction sites. Implementation of the NPDES permit conditions will ensure that the project will meet these objectives. Regulations governing storm water runoff associated with construction activities require that the permittee perform the following tasks. Prior to the start of any construction activities on the project site, a notice of intent (NOI) will be filed by the applicant with the State Water Resources Control Board as a requirement for the use of the General Construction Activity Storm Water Permit. A Storm Water Pollution Prevention Plan (SWPPP) and Monitoring Program will be developed to identify specific pollution prevention measures that will eliminate or control potential point and non-point pollution sources on the site during and following the project's construction phase. The SWPPP will contain provisions for changes to the plan, such as alternative mechanisms or plant Arthur Coe California Regional Water Quality Control Board April 27, 1998 Page5 materials, if necessary during project design and/or construction to achieve the stated goals and performance standards. The S WPPP will comply with the effluent limitations of the General Construction Activities Storm Water Permit and implements storm water best management practices (BMPs) to control, prevent, remove or reduce pollutants in storm water discharges. B. Monitoring As required by the Monitoring Program, all construction sites will be inspected prior to and after actual storm events to identify areas contributing to a storm water discharge and to evaluate whether measures to reduce pollutant loading identified in the SWPPP are adequate and properly implemented in accordance with the terms and conditions of the General Permit or whether additional control measures are needed. The Monitoring Program will include maintenance,repair, and tracking procedures to insure that all protective devices identified in the plan are maintained in good condition, operating effectively, and are promptly repaired or restored when required. All maintenance and repair work will be done by qualified and trained personnel. Site inspections will be conducted in order to: (I) ensure that all areas contributing to storm water discharges associated with construction activities have been identified; (2) ensure that all preventive measures required by the SWPPP are adequate and have been properly implemented; and (3) determine if additional control measures will need to be implemented. C. San Diego Basin Plan The implementation of the SWPPP and BMPs will help to ensure that this project will comply with the provisions set forth in the Water Quality Control Plan for the San Diego Basin. The State Regional Water Quality Control Board has not designated (documented within the Water Quality Control Plan for the San Diego Basin) any beneficial uses for the impacted drainage. The following beneficial uses have been identified for Agua Hedionda Creek, which will be preserved and restored: Municipal and Domestic Water Supply, Agricultural Supply, Industrial Service Supply, Contact Water Recreation, Non-contact Water Recreation, Warm Freshwater Habitat, and Wildlife Habitat. It is not anticipated that the proposed project will impact any of the beneficial uses because the fill is being placed in an ephemeral tributary and man-made ditch with little natural riparian habitat, and the main drainage of Agua Hedionda Creek will be preserved, with all associated riparian habitat and jurisdictional wetlands. Arthur Coe California Regional Water Quality Control Board April 27, 1998 Page 6 D. Conclusion Through compliance with the NPDES permit and the implementation of monitoring plan, SWPPP, and BMPs the proposed project will not result in significant impacts to water quality. Furthermore, this project will comply with the waste discharge prohibitions and water quality objectives as set forth in the San Diego Basin Plan and will therefore not impair or adversely affect water quality. VIII. PROPOSED MITIGATION As required by CDFG Agreement number 5-325-97, the permittee will create 0.39 acre of freshwater marsh (or other Department-approved wetland habitat) within one year. The permittee proposed to perform such mitigation by creating additional wetlands to augment the Agua Hedionda Creek riparian corridor. A mitigation plan will be submitted to the Corps and CDFG for approval prior to start of work. IX. STATE APPLICATION A CDFG Agreement was obtained to place the PVC pipe to divert water from the box culvert and storm drain away from the man-made ditch [Exhibit 5]. Condition number 4 of this that agreement allows the permittee to obtain an amendment to that agreement for any impacts related to the development of the property. Such and amendment is being applied for concurrently with this application to the Regional Board. X. ENVIRONMENTAL DOCUMENTATION Enclosed please find: (1) Check for $1,000; and (2) One copy of the Draft EIR Del Mar Financial Carlsbad. California and its certification. Also, please find attached: (1) Regional Map [Exhibit 1 ]; (2) Vicinity Map [Exhibit 2]; Arthur Coe California Regional Water Quality Control Board April 27, 1998 Page? (3) Site Plan [Exhibit 3]; (4) Site Photographs [Exhibit 4]; (5) CDFG Notification and Form [Exhibits]. If you have any questions regarding this letter, or if I can be of any further assistance to you, please call me at (714) 837-0404. Sincerely, GLENN LUKOS ASSOCIATES, INC. Glenn C. Lukos President s:0232-2a.401 Adapted from USGS Santa Ana Quadrangle NORTH apted from USGS San Luis Rey Quadrangle NORTH 1000 2000 3000 FEET Exhibit 3 THE TERRACES AT SUNNY CREEK Photographs GLENN LUKOS ASSOCIATES EXHIBIT 4 "4W''¥';*/**t'f'.^^.'.'^mfe^''i:>^JA T... / • i • . i, •/,. k UHn THE TERRACES AT SUNNY CREEK Photographs GLENM I.UKOS ASSOCIATES EXHIBIT 4 THE TERRACES AT SUNNY CREEK Photographs GLENN LUKOS ASSOCIATES EXHIBIT 4 P. Can Am Properties, LLC October 28, 1997 Ms. Teni Dickenon Environmental Specialist HI Environmental Services, Region 5 DEPARTMENT OF FISH AND GAME P.O. Box 6657 Laguna Niguel, CA 92607-6657 RE: Streambed Alteration Agreement 5-325-97 Dear Ms. Dickenon: Pursuant to your letter of October 22, 1997, I am enclosing two original agreements regarding proposed stream or lake alteration. This letter also constitutes our five-day notice of our intent to commence construction. We would greatly appreciate receiving a duly executed copy of this agreement at your earliest convenience. Sincerely yours, Russell W. Grosse Enclosures FAX76Q/43t-76l» It-i (-'. 03/06 CALIFORNIA DEPARTMENT OF FISH AND GAME 330 Golden Shore, Suite 50 Long Beach, California 90802 Notification No.5-32S-97 Page _L of JL AGREEMENT REGARDING PROPOSED STREAM OR LAKE ALTERATION THIS AGREEMENT, entered into between the State of California, Department of Fish and Game, hereinafter called the Department, and Russell W^ Groise of CmnArn Properties CA 92008: (7\4\ 837-0404: (619^ 438-3141 . State of California . hereinafter called the Operator, is as follows: WHEREAS .pursuant to Section 1603 of California Fish and Game Code, the Operator, on the 29th_ day of September . 1997^ notified the Department that they intend to divert or obstruct the natural flow of, or change the bed, channel, or bank of, or use material from the streambed(s) of, the following water(s): pnnameji tributary to Anua Hrii'MltiP Creek . San Diego County, California, Section unaectioned Township IIS Range WHEREAS, the Department (represented by Tern Dickerson through a site visit on the 22nj day of October . 1997) has determined that such operations may substantially adversely affect those existing fish and wildlife resources within m nnojrr?d tr*"flflfY *9 AiV* specifically identified as follows: frirdfli leaser g?ldfin?bi hOlLV! fiP*»hi oriole, yellow warbler, o^er songbirds, mallard, other aterrbwl. Aei ^e- other rators: °w- covotei ririariBn yegetg^on which provides hafritat for those soeciea: and all other aquatic and wildlife resources. THEREFORE, the Department hereby proposes measures to protect fish and wildlife resources during the Operator's work. The Operator hereby agrees to accept the following measures/conditions as pan of the proposed work. If the Operator's work changes from that stated in the notification specified above, this Agreement is no longer valid and a new notification shall be submitted to the Department of Fish and Game. Failure to comply with the provisions of this Agreement and with other perUaeul code sections, including but not limited to Fish and Game Code Sections 5650, 5652, 5937, and 5948, may result in prosecution. Nothing in this Agreement authorizes the Operator to trespass on any land or property, nor does it relieve the Operator of responsibility for compliance with applicable federal, state, or local laws or ordinances. A consummated Agreement does not constitute Department of Fish and Game endorsement of the proposed operation, or assure the Department's concurrence with permits required from other agencies. This Agreement becomes effective the date of Depytipgnt'* signature and terminates December 31. 1999 for oroiect construction only. Thia Agreement «frfll remain in effect for mat tune necessary to aqrisfv the, terms/cpndm'ons of _ " i;t"w- P. 04/06 -Lof_4_ STREAMBED ALTERATION CONDITIONS FOR NOTIFICATION NUMBER: 5-325-97 [. The following provisions constitute the limit of activities agreed to and resolved by this Agreement. The signing of this Agreement does not imply that the Operator is precluded from doing other activities at the site. However, activities not specifically agreed to and resolved by chis Agreement shall be subject to separate notification pursuant to Fish and Game Code Sections 1600 et seq. 2. The Operator proposes to alter the streambed to construct a pipe to divert flow from an unnamed tributary to Agua Hedionda Creek, directly to Agua Hedionda Creek, indirectly impacting 0.39 acre of stream. No direct impacts to any wetland habitat are proposed by this project. The project is on an approximate 19-acre site located at El Camino Real and Sunny Creek Road in the City of Carlsbad. 3. The agreed work includes activities associated with No. 2 above. The project area is located In an unnamed tributary to Agua Hedionda Creek in San Diego County. Specific work areas and mitigation measures are described on/in the plans and documents submitted by the Operator and shall be implemented as proposed unless directed differently by this agreement. 4. The Operator shall not impact more than 0.39 acre of stream (freshwater marsh) indirectly. No direct impacts shall occur to any wetland habitat. The Operator shall mitigate as follows: 1. create 0.39 acre of freshwater marsh or other Department-approved wetland habitat within one year of constructing the pipe diversion project; OR, 2. submit an annual letter report with photographs to document no indirect impact has occurred to the freshwater marsh. The letter shall be submitted annually for three years unless one of the following occurs prior to that time: a. the site is developed and subject to direct impacts and mitigated as required by the Department; or b. the habitat appears to be impacted. If the approximate 19-acre site is developed arid subject to direct impacts, the Operator may request an amendment to this Streambed Alteration Agreement, with appropriate environmental documentation, for the impacts and mitigation for this area. If the habitat is impacted over time by the diversion of water, the Operator shall mitigate with the creation of 0.39 acre of freshwater marsh or other Department-approved wetland habitat. The Operator shall notify the Department in writing which option they have selected at the time of signing this Streambed Alteration Agreement. If the Operator chooses option I, the Operator shall submit a Mitigation plan for Department review and approval within 3P days of signing this Streambed Alteration Agreement. 5. It is understood that future phases of this project beyond the approximate 19-acre site may impact additional stream(s) and/or associated wetland habitat, aa described in the submitted documents. These impacts are not covered under this agreement The signing of this Agreement does not imply that the Operator is precluded from doing other activities at. the site. However, activities not specifically agreed to and resolved by this Agreement shall be subject to separate notification pursuant to Fish and Game Code Sections 1600 et seq. 6. Work shall not occur between March IS to July 15. 7. No equipment shall be operated in ponded or flowing areas. 8. Disturbance or removal of vegetation shall not exceed the limits approved by the Department. The disturbed portions of any stream channel shall be restored. Restoration shall include the revegctation of stripped or exposed areas with vegetation native to the area. 9. Installation of structures shall be such that water flow is not impaired. • Page J_ of _4_ STREAMBED ALTERATION CONDITIONS FOR NOTIFICATION NUMBER; S-32S-97 10. It* threatened or endangered species occur within the proposed work area, or could be impacted by the work proposed, the Operator shall obtain the appropriate state and federal endangered species permits. 11. Water containing mud, silt or other pollutants from aggregate washing or other activities shall not be allowed to enter a flowing stream or placed in locations that may be subjected to high storm flows. 12. Structures and associated materials not designed to withstand high seasonal flows shall be removed to areas above the high water mark before such flows occur. 13. The perimeter of the work site shall be adequately flagged to prevent damage to adjacent riparian habitat. 14. Staging/storage areas for equipment and materials shall be located outside of the stream. 15. The Operator shall comply with all litter and pollution laws. All contractors, subcontractors and employees shall also obey these laws and it shall be the responsibility of the operator to ensure compliance. 16. Access to the worksite shall be via existing roads and access ramps. 17. Spoil sites shall not be located within a stream, where spoil shall be washed back into a stream, or where it will cover aquatic or riparian vegetation. 18. No debris, soil, silt, sand, bark, slash, sawdust, rubbish, cement or concrete or washings thereof, oil or petroleum products or other organic or earthen material from any construction, or associated activity of whatever nature shall be allowed to enter into or placed where it may be washed by rainfall or runoff into, waters of the State. When operations are completed, any excess materials or debris shall be removed from the work area. No rubbish shall be deposited within 1 SO feet of the high water mark of any stream or lake. 19. No equipment maintenance shall be done within or near any stream channel where petroleum products or other pollutants from the equipment may enter these areas under any flow. 20. The Operator shall provide a copy of this Agreement to all contractor*, subcontractor*, and the Operator1 • project supervisors. Copies of the Agreement •hall be readily available at work shea at all times during periods of active work and must be presented to any Department personnel, or personnel from another agency upon demand. 21. The Department reserves the right to enter the project site at any tune to ensure compliance with terms/conditions of this Agreement. 22. The Operator shall notify the Department, In writing, at least five (5) days prior to initiation of construction (project) activities and at least five (5) days prior to completion of construction (project) activities. Notification shall be sent to the Department at 330 Golden Shore, Suite SO, Long Beach, CA 90802, Attn: ES. Page _4_ of _i. STREAMS ED ALTERATION CONDITIONS FOR NOTIFICATION NUMBER: 5-325-97 23. It is understood the Department has entered into this Streambed Alteration Agreement for purposes of establishing protective features for fish and wildlife. The decision to proceed with the project is the sole responsibility of the Operator, and is not required by this agreement It Is further agreed all liability add/or incurred cost related to or arising out of the Optra tor's project and the flih and wildlife protective condition* of thi* agreement, remain tha sole responsibility of the Operator. The Operator agrees to hold harmless the State of California and the Department of Fish and Game against any related claim made by any party or parties for personal injury or any other damages. 24. The Department reserves the right to suspend or cancel this Agreement for other reasons, including but not limited to the following: a. The Department determines that tha information provided by the Operator in support of the Notification/Agreement is incomplete or inaccurate; b. The Department obtains new information that was not known to it in preparing the terms and conditions of the Agreement; c. The project or project activities u described in the Notification/Agreement have changed; d. The conditions affecting fish and wildlife resources change or the Department determines that project activities will result in a substantial adverse effect on the environment 25. Before any suspension or cancellation of the Agreement, the Department will notify the Operator in writing of the circumstances which the Department believes warrant suspension or cancellation. The Operator will have seven (7) working days from the date of receipt of this notification to respond in writing to the circumstances described in the Department's notification. During the seven (7) day response period, the Operator shall immediately cease any project activities which the Department specified in its notification. The Operator shall not continue the specified activities until that time when the Department notifies the Operator in writing that adequate methods and/or measures have been identified and agreed upon to mitigate or eliminate the significant adverse effect. CONCURRENCE (Operator's name) California Dept. of Filh and Game Cabta Properties LLC (date) (signature) (date) u <;««««. Pr»«id«ot Environmental Spff jajjfl III (title) (title) LO S 090 03 1"Dropped off: Apr2 oasLU QC LU S IE < h~ 43=1 <f CO 09 CO GO CO 5 °?ssl^^ ^ a. :n .S :'^i e»' ™" I'l'sng* CanAm PROPERTIES, 5050 AV6NIO* 6NCINAS, SUITE A CARLSBAD. CALIFORNIA 92008 (619)438-3141 \Y »»* One. Thousand *•»*' TDTH6 CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD 9771 CLAIREMONT MESA BLVD, **B SAN DIEGO, CA 32124 WELLS:>«.:;B270' via BANK 3 7 i t I •44900 O4/28/9B •$»»•**;, 000, 00*** hHY '98' 06 122000247 8 o " n?£ oa *> iS 5- >- ™ =: S O cT» •" * 29^^.^i^s&ut???* «* -i ("V<5<r l f. •* rt -rr!2?:>-rSUM'*|m « •. 2.cn J o •> O 5-* GLENN LUKOS ASSOCIATES Regulatory Services November 12, 1999 Terri Dickerson California Department of Fish and Game Streambed Alteration Team 330 Golden Shore, Suite 50 Long Beach, California 90802 Subject: Notification Number 5-325-97; Request for .Amendment for Additional Direct Impacts to Agua Hedionda Creek in the City of Carlsbad, San Diego County Dear Ms. Dickerson: We are writing on behalf of our client, CanAm Properties, to request the Department to amend Streambed Alteration Agreement Number 5-325-97 (copy enclosed). An amendment is required due to delays in project construction that make compliance with the deadline described in the Agreement unattainable, and to modify the composition of wetland mitigation suggested in the Agreement, yet at the same time increase the acreage of wetland habitat. Agreement number 5-325-97 allowed the Operator to divert discharges of storm water and collected groundwater from the man-made ditch on his property directly to Agua Hedionda Creek. Condition Number 2 of the July 3, 1998 amended Agreement authorizes the Operator to perform certain direct impacts. Under Condition Number 4 of the amended Agreement, the mitigation was to be installed no later than November 30, 1998. In addition, Condition Number 4 of the amended Agreement required the Operator to create 0.39 acre of freshwater marsh or other Department- approved wetland habitat (emphasis added). The original Agreement states the Agreement terminates December 31, 1999 for project construction only. Compliance with Deadline The Operator was unable to satisfy the November 30, 1998 deadline to install plant materials. The Operator will not obtain funding for the project until December, 1999 and will therefore be unable to proceed with grading of the mitigation sites until January, 2000. The Operator requests that the termination date for the mitigation be extended to April 30, 2000 in order to provide sufficient time for project completion. MfW I 5 1999 23441 South Pointe Drive Telephone: (949) 837-0404 Suite 150 Laguna Hills, California 92653 Facsimile: (949) 837-5834 Terri Dickerson California Department of Fish and Game November 12, 1999 Page 2 Modification of Wetland Mitigation Composition We have been unable to find a mitigation site large enough for the creation of 0.39 acre of freshwater marsh without creating additional impacts to ripanan habitat. The Operator requests that the mitigation requirement be modified to require the creation of 1.74 acres of mitigation: 0.94-acre of nparian woodland and 0.80-acre of coast live oak woodland; in place of the 0.39 acre of freshwater marsh currently required. Extension of Project Construction Termination Date The Operator is unable to satisfy the December 31, 1999 deadline for project construction. The Operator requests that the termination date for project construction be extended to December 31, 2000 in order to provide sufficient time for project completion. As mentioned previously, the Operator will not obtain funding for the project until December, 1999 and will therefore be unable to proceed with grading of the mitigation sites until January, 2000. I.PROJECT APPLICANT Name: CanAm Properties, LLC Address: 5850 Avenida Encinas Suite A Carlsbad, California 92008 Contact: Mike O'Hara Phone: (760)438-3141 Agent: Glenn Lukos Associates, Inc. Address: 23441 South Pointe Drive Suite 150 Laguna Hills, California 92653 Contact: Sally Davis Phone: (949)837-0404 II.PROJECT LOCATION The project site is located in the City of Carlsbad, San Diego County. USGS coordinates: Township 1 IS, Range 4W on the San Luis Rey Quadrangle. Thomas Guide coordinates are Page 1107.D7. III. PROPOSED MITIGATION The Operator proposes to create a total of 1.74 acres of riparian habitat along Agua Hedionda Creek: 0.94 acre of riparian woodland; and 0.80 acre of coast live oak woodland. As you may note on the plan sheets enclosed, which indicate the slope previously in question, the placement of the retaining wall (keystone or crib wall) has been moved to top of slope. One large sycamore, below Terri Dickerson California Department of Fish and Game November 12, 1999 Page 3 Lot 166, will be saved by constructing a retaining wall on the uphill side. In addition, a mature cottonwood will be saved below Lot 161, and there is a possibility the two oaks below Lot 161 may be saved. You had previously agreed to the removal of all trees on the proposed slope when you approved the 1996 EIR, written by AtTmis, which indicated the 4-foot block wall was to be located at top of slope. Enclosed please find: 1. Check for SI09.00; 2. Copy of Agreement Number 5-325-97 and Amendment dated July 3, 1998; 3. EER Development plan sheet (Figure 5.4-3); 4. Plan sheet indicating Lots 160 through 172 above Agua Hedionda Creek; and 5. Plan sheet indicating cross section through slope For your convenience, we have drafted language for the modified Condition Number 4 as follows: 4. - revised - The Operator shall not impact more than 0.39 acre of freshwater marsh . a. The Operator shall mitigate as follows: create 0.94 acre of riparian woodland, and 0.80 acre of oak woodland. All mitigation shall be installed no later than April 30, 2000. The Operator shall submit a revised Mitigation Plan for Department review and approval within 30 days of signing this Streambed Alteration Agreement Amendment. b. All seeding/planting shall have a minimum of 80% survival the first year and 100% survival thereafter and/or shall attain 75% cover after 3 years and 90% cover after 5 years for the life of the project. If the survival and cover requirements have not been met, the Operator is responsible for replacement planting to achieve these requirements. Replacement plants shall be monitored with the same survival and growth requirements for 3 years after planting. c. An annual report shall be submitted to the Department by January 1 of each year for 5 years after planting. This report shall include the survival, % cover, and an overview of the revegetation effort. Terri Dickerson California Department of Fish and Game November 12, 1999 Page 4 d. All seeding/planting shall be done between October 1 and March 30 to take advantage of the winter rainy season, and shall be irrigated to ensure survival. If you have any questions regarding this letter, or if I can be of any further assistance to you, please call Sally Davis or Glenn Lukos at (949) 837-0404. Sincerely, GLENN LUKOS ASSOCIATES, INC. r Sally Davis Habitat Restoration Specialist cc: Mike O'Hara, CanAm Properties s:0232-2f.cdf MEMORANDUM PROJECT NUMBER: TO: FROiM: DATE: SUBJECT: GLENN LUKOS ASSOCIATES Regulatory Services 232-2-TERR Mike O'Hara Sally Davis October 29, 1999 Revised Mitigation Plan for Sunny Creek Terraces Mike, I have completed a request for an Amendment to the Streambed Alteration Agreement. I will be revising the Conceptual Mitigation Plan for Sunny Creek Terraces early in November. I will need the following items from you and Manitou Engineering in order to accomplish these tasks: 1. A check, payable to the California Department of Fish and Game, in the amount of SI09.00 to accompany the request for an Amendment to the Agreement. 2. A vellum of the print I received from you which shows Lots 160-172 to accompany the request for an Amendment to the Agreement. 3. A mylar of the mitigation plan, at 40-scale, which indicates all mitigation areas as well as the placement of the retaining wall. If you have any questions, please call me at (949) 837-0404. s:/0232-2o.mem RF.CKTVBD NOV 0 2 1999 BY:. 23441 South Pointe Drive Telephone: (949) 837-0404 Suite 150 Laguna Hills, California 92653 Facsimile: (949) 837-5834 CALIFORNIA DEPARTMENT OF FISH AND GAME 330 Golden Shore, Suite 50 Long Beach, California 90802 Notification No.5-325-97 Page 1 of 4 AGREEMENT REGARDING PROPOSED STREAM OR LAKE ALTERATION THIS AGREEMENT, entered into between the State of California, Department of Fish and Game, hereinafter called the Department, and Russell W. Grosse of CamAm Properties: 5850 Avenida Encinas Ste. A: Carlsbad. CA 92008: (714) 837-0404: (619) 438-3141 . State of California , hereinafter called the Operator, is as follows: WHEREAS,pursuant to Section 1603 of California Fish and Game Code, the Operator, on the 29th day of September . 1997, notified the Department that they intend to divert or obstruct the natural flow of, or change the bed, channel, or bank of, or use material from the streambeWs) of, the following water(s): unnamed tributary to Agua Hedionda Creek . San Diego California, Section unsectioned Township US Range 4W . WHEREAS, the Department (represented by Terri Dickerson through a site visit on the 22nd day of October , 1997) has determined that such operations may substantially adversely affect those existing fish and wildlife resources within an unnamed tributary to Agua Hedionda Creek , specifically identified as follows: birds: lesser goldfinch, house finch, song sparrow, hooded oriole, yellow warbler, other songbirds, mallard, other waterfowl. American kestrel, other raptors: mammals: raccoon, brush rabbit, pocket mouse, meadow vole. Pacific kangaroo rat, woodrat. coyote; riparian vegetation which provides habitat for those species: and all other aquatic and wildlife resources. THEREFORE, the Department hereby proposes measures to protect fish and wildlife resources during the Operator's work. The Operator hereby agrees to accept the following measures/conditions as part of the proposed work. If the Operator's work changes from that stated in the notification specified above, this Agreement is no longer valid and a new notification shall be submitted to the Department of Fish and Game. Failure to comply with the provisions of this Agreement and with other pertinent code sections, including but not limited to Fish and Game Code Sections 5650, 5652, 5937, and 5948, may result in prosecution. Nothing in this Agreement authorizes the Operator to trespass on any land or property, nor does it relieve the Operator of responsibility for compliance with applicable federal, state, or local laws or ordinances. A consummated Agreement does not constitute Department of Fish and Game endorsement of the proposed operation, or assure the Department's concurrence with permits required from other agencies. This Agreement becomes effective the date of Department's signature and terminates December 31, 1999 for project construction only. This Agreement shall remain in effect for that time necessary to satisfy the terms/conditions of this Agreement. Pago _2_ of _4_ STREAMBED ALTERATION CONDITIONS FOR NOTIFICATION NUMBER: 5-325-97 1. The following provisions constitute the limit of activities agreed to and resolved by this Agreement. The signing of this Agreement does not imply that the Operator is precluded from doing other activities at the site. However, activities not specifically agreed to and resolved by this Agreement shall be subject to separate notification pursuant to Fish and Game Code Sections 1600 et seq. 2. The Operator proposes to alter the streambed to construct a pipe to divert flow from an unnamed tributary to Agua Hedionda Creek, directly to Agua Hedionda Creek, indirectly impacting 0.39 acre of stream. No direct impacts to any wetland habitat are proposed by this project. The project is on an approximate 19-acre site located at El Camino Real and Sunny Creek Road in the City of Carlsbad. 3. The agreed work includes activities associated with No. 2 above. The project area is located in an unnamed tributary to Agua Hedionda Creek in San Diego County. Specific work areas and mitigation measures are described on/in the plans and documents submitted by the Operator and shall be implemented as proposed unless directed differently by this agreement. No4. The Operator shall not impact more than 0.39 acre of stream (freshwater marsh) indirectly, direct impacts shall occur to any wetland habitat. The Operator shall mitigate as follows: 1. create 0.39 acre of freshwater marsh or other Department-approved wetland habitat within one year of constructing the pipe diversion project; OR 2. submit an annual letter report with photographs to document no indirect impact has occurred to the freshwater marsh. The letter shall be submitted annually for three years unless one of the following occurs prior to that time: a. the site is developed and subject to direct impacts and mitigated as required by the Department; or b. the habitat appears to be impacted. If the approximate 19-acre site is developed and subject to direct impacts, the Operator may request an amendment to this Streambed Alteration Agreement, with appropriate environmental documentation, for the impacts and mitigation for this area. If the habitat is impacted over time by the diversion of water, the Operator shall mitigate with the creation of 0.39 acre of freshwater marsh or other Department-approved wetland habitat. The Operator shall notify the Department in writing which option they have selected at the time of signing this Streambed Alteration Agreement. If the Operator chooses option 1, the Operator shall submit a Mitigation plan for Department review and approval within 30 days of signing this Streambed Alteration Agreement. 5. It is understood that future phases of this project beyond the approximate 19-acre site may impact additional stream(s) and/or associated wetland habitat, as described in the submitted documents. These impacts are not covered under this agreement. The signing of this Agreement does not imply that the Operator is precluded from doing other activities at the site. However, activities not specifically agreed to and resolved by this Agreement shall be subject to separate notification pursuant to Fish and Game Code Sections 1600 et seq. 6. Work shall not occur between March 15 to July 15. 7. No equipment shall be operated in ponded or flowing areas. 8. Disturbance or removal of vegetation shall not exceed the limits approved by the Department. The disturbed portions of any stream channel shall be restored. Restoration shall include the revegetation of stripped or exposed areas with vegetation native to the area. 9. Installation of structures shall be such that water flow is not impaired. Page J_ of J_ STREAMBED ALTERATION CONDITIONS FOR NOTIFICATION NUMBER: 5-325-97 10. If threatened or endangered species occur within the proposed work area, or could be impacted by the work proposed, the Operator shall obtain the appropriate state and federal endangered species permits. 11. Water containing mud, silt or other pollutants from aggregate washing or other activities shall not be allowed to enter a flowing stream or placed in locations that may be subjected to high storm flows. 12. Structures and associated materials not designed to withstand high seasonal flows shall be removed to areas above the high water mark before such flows occur. 13. The perimeter of the work site shall be adequately flagged to prevent damage to adjacent riparian habitat. 14. Staging/storage areas for equipment and materials shall be located outside of the stream. 15. The Operator shall comply with all litter and pollution laws. All contractors, subcontractors and employees shall also obey these laws and it shall be the responsibility of the operator to ensure compliance. 16. Access to the worksite shall be via existing roads and access ramps. 17. Spoil sites shall not be located within a stream, where spoil shall be washed back into a stream, or where it will cover aquatic or riparian vegetation. 18. No debris, soil, silt, sand, bark, slash, sawdust, rubbish, cement or concrete or washings thereof, oil or petroleum products or other organic or earthen material from any construction, or associated activity of whatever nature shall be allowed to enter into or placed where it may be washed by rainfall or runoff into, waters of the State. When operations are completed, any excess materials or debris shall be removed from the work area. No rubbish shall be deposited within 150 feet of the high water mark of any stream or lake. 19. No equipment maintenance shall be done within or near any stream channel where petroleum products or other pollutants from the equipment may enter these areas under any flow. 20. The Operator shall provide a copy of this Agreement to all contractors, subcontractors, and the Operator's project supervisors. Copies of the Agreement shall be readily available at work sites at all times during periods of active work and must be presented to any Department personnel, or personnel from another agency upon demand. 21. The Department reserves the right to enter the project site at any time to ensure compliance with terms/conditions of this Agreement. 22. The Operator shall notify the Department, in writing, at least five (5) days prior to initiation of construction (project) activities and at least five (5) days prior to completion of construction (project) activities. Notification shall be sent to the Department at 330 Golden Shore, Suite 50, Long Beach, CA 90802, Attn: ES. Page jL of JL STREAMBED ALTERATION CONDITIONS FOR NOTIFICATION NUMBER: 5-325-97 23. It is understood the Department has entered into this Streambed Alteration Agreement for purposes of establishing protective features for fish and wildlife. The decision to proceed with the project is the sole responsibility of the Operator, and is not required by this agreement. It is further agreed all liability and/or incurred cost related to or arising out of the Operator's project and the fish and wildlife protective conditions of this agreement, remain the sole responsibility of the Operator. The Operator agrees to hold harmless the State of California and the Department of Fish and Game against any related claim made by any party or parties for personal injury or any other damages. 24. The Department reserves the right to suspend or cancel this Agreement for other reasons, including but not limited to the following: a. The Department determines that the information provided by the Operator in support of the Notification/Agreement is incomplete or inaccurate; b. The Department obtains new information that was not known to it in preparing the terms and conditions of the Agreement; c. The project or project activities as described in the Notification/Agreement have changed; d. The conditions affecting fish and wildlife resources change or the Department determines that project activities will result in a substantial adverse effect on the environment. 25. Before any suspension or cancellation of the Agreement, the Department will notify the Operator in writing of the circumstances which the Department believes warrant suspension or cancellation. The Operator will have seven (7) working days from the date of receipt of this notification to respond in writing to the circumstances described in the Department's notification. During the seven (7) day response period, the Operator shall immediately cease any project activities which the Department specified in its notification. The Operator shall not continue the specified activities until'that time when the Department notifies the Operator in writing that adequate methods and/or measures have been identified and agreed upon to mitigate or eliminate the significant adverse effect. CONCURRENCE (Operator's name) California Dept. of Fish and Game CanAm Properties LLC signature) (date), (signature) (date) Russell M. Grosser President Environmental Specialist III (title) (title) * FILE City of Carlsbad Planning Department November 1, 1999 Mike O'Hara Russell Grosse Development Co., Inc. 5850 Avenida Encinas, Suite A Carlsbad CA 92008 RE: CT 96-02 - TERRACES AT SUNNY CREEK Dear Mike: Per you request, I have listed below the conditions of approval which need to be met for the issuance of final map and building permits for the Terraces at Sunny Creek project. Some of the conditions listed have been summarized and you should refer to the approved resolutions for the complete wording. Also, the conditions listed are just the conditions that the Planning Department is looking to have fulfilled. Other departments will have to be consulted to determine which conditions of theirs are outstanding. Also please find attached the mitigation measures of the EIR. All of the conditions identified to be met prior to final map or building permit shall be met before map or building permits are released. Please provide any proof of fulfilling any of these conditions that you may have. Lastly, I need to disclose that this list is not comprehensive, but is the list of conditions that need to be fulfilled at this time. Please consult the resolutions of approval to verify the required conditions. A. Outstanding conditions of approval for CT 96-02. Resolution Number 4292: 6. The Developer shall include, as part of the plans submitted for any permit plan check, a reduced legible version of all approving resolutions in a 24" x 36" bluelme drawing. 9. Payment of the Public Facilities Fee. 10. Prior to approval of the final map or the issuance/approval of a building permit, which ever occurs first, the Developer shall submit evidence to the Planning Director that impacts to school facilities • have been mitigated in conformance with the City's Growth Management Plan to the extent permitted by applicable state law. If the mitigation involves a financing scheme such as a Mello-Roos Community Facilities District which is inconsistent with the City's Growth Management Plan, including City Council Policy Statement No.38, the Developer shall disclose to future owners in the project, to the maximum extent possible, the existence of the tax and that the school district is the taxing agency responsible for the financing district. 11. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 15 Local Facilities Management Plan and any amendments made to that Plan prior to building permit issuance. Although not a specific condition, please submit a digital copy and reproducible copy of the amendments made to the Zone 15 Local Facilities Management Plan. 15. The maintenance of all slopes, front yards, and common areas shall be the responsibility of the Homeowner Association and shall be so stated within the CC&Rs governing that association. (This may need additional identification on the map and landscape plans.) 2O75 Las Palmas Dr. • Carlsbad, CA 92009-1576 • (760) 438-1161 • FAX (760) 438-0894 ( CT 96-02 - Terraces at Sunny Creek October 28, 1999 Page 2 Condition Numbers 16 and 17 have been satisfied as recorded in a letter dated May 6, 1999. 53. Condition regarding CC&R's. CC&R's must be submitted and approved prior to final map. 57. Prior to issuance of building permits, the applicant shall submit a detailed noise study addressing conformance with the Noise Element of the General Plan in conformance with the required noise study. 58. Detailed Landscape and Irrigation Plans shall be submitted and approved by the Planning Director prior to final map, grading permit, or building permit, whichever occurs first. (DWG 361-6L in plan check) 60. The mitigation measures identified in the Final EIR 98-01 and MEIR 93-01 (see attached), including but not limited to all areas to be graded shall be cleared and grubbed, a National Pollution Discharge Elimination System Plan shall be required, the applicant shall obtain a 1603 Agreement and a 401 Certification, waste disposal area available, attenuation barriers are constructed as necessary, and the monitoring of traffic is provided to conform to City standards. 61. The Developer shall implement, or cause the implementation of, Terraces at Sunny Creek project Mitigation Monitoring and Reporting Program, including but not limited to demonstration that all items listed in Condition 25 have been performed. (Condition number 25 is related to hauling dirt or construction materials). 67. Prior to final map Developer shall enter into an Affordable Housing Agreement with the City. B. Outstanding conditions of approval for the Hillside Development Permit. Resolution Number 4295: 3. A deposit or other security for twice the estimated cost of the proposed mitigation and landscaping for the portion of the site requesting a modification to the design standards of Section 21.45.090. C. Mitigation Measures contained in the Mitigation Monitoring and Reporting Program: Please see attached copy of the Mitigation Monitoring and Reporting Program checklist. If you have any questions regarding the above, please call me at (760) - 438-1161, extension 4447. Sincerely, VAN LYNCH Associate Planner VL:mh c: File Attachment 6itv of Carlsbad Housing & Redevelopment Department October 22, 1999 Mike O'Hara Russell Grosse Development Co. 5850 Avenida Encinas, Suite A Carlsbad, CA 92008 Subject: Sunny Creek Affordable Housing Agreement Dear Mr. O'Hara: As we discussed previously, the Housing and Redevelopment Department is in receipt of the Affordable Housing Agreement signed by the owner of the Sunny Creek development. The document is currently being processed for execution by the City. Once the document has been fully executed and the final map for the development has been recorded, the Affordable Housing Agreement will then be recorded. If you have any questions about the above information, please call me at (760) 434-2817. _ ;*-- .^vCraig D. Rui^^^ \ Management Analyst IBY: 2965 Roosevelt St., Ste. 8 • Carlsbad, CA 92008-2389 • (760) 434-2810/2811 • FAX (760) 720-2037 _06/16/2000 13:49 FAX 7604315902 US FISH AND WILDLIFE ilOOl REPLY TO ATTENTION OF: DEPARTTWENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OP ENGINEERS SAN DIEGO FIELD OFFICE 16885 WEST BERNARDO DRIVE, SUITE 300A SAN DIEQO, CALIFORNIA 921Z7 August 13,1999 OPTIONAL FORM 99 (7-90) FAX TRANSMITTAL # ol pages NSN 7540-01-317-7388 509B-101 GENERAL SERVICES ADMINISTRATION Office of the Chief Regulatory Branch CanAm Properties 5850 Avenida Enemas Suite A Carlsbad, California 92008-4465 Dear Sirs/Mesdames: Reference is made to your application CNo. 97200490D-DZ) dated October 20 1998 for a Department of the Army Permit to discharge fill into an unnamed tributary of Agua Hedionda Creek for construction of the Terraces at Sunny Creek development project in ihe Cirv of Carlsbad, San Diego County, California. y Our Steahaw that there has not been any new action on your application for quite some time Therefore, your application is considered withdrawn. If you wish to re-establish evaluation of your project, please submit a new application and the following information: a) At our March 10,1999 site visit, we became aware mat the impact analysis submitted with your application assumed that wetland contained in the unnamed tributary on your property was not within Corps jurisdiction because of the your previous efforts to divert into pipes the water that would normally flow through the tributary and thereby remove the hydrology required for Corps jurisdictional wetlands. At me visit ^S^^^ *?* fc™^ ocnihiiwd to flow in me unnamed tributarydespine previous diversion efforts. Even if flows had been completely diverteditis the Corps position that the wetlands within me unnamed channel would remain junsdictoonal Because of this, the project as proposed may not qualify for Nationwide Permit 26, and instead require an Individual Section 404 Permit Based on this, a new impact analysis should be submitted. b) At tixe March 10* site visit we also discussed the need to work together with the City of Carlsbad and Catarini Property owner on an alternative College Boulevard alignment which allows a high quality sycamore and willow woodland area in Agua Hedamda Creek to be avoided Please submit information on any progress in these 06/16/2000 13:49 FAX 7604315902 US FISH AND WILDLIFE ©002 -2- If you have any questions/ please contact David A. Zoutendyk of my staff at (858) 674-5384. Sincerely/ Richard Schubel '' Chief, Regulatory Branch ZOUTSNDYK CBSPL-CO-R Page; 2 [o]CF!File Copy (Yellow) -972004900-DZ Clipboard Copy -Los State Winston H. Hickox Secretary for Environmental Protection Resources Controloard Division of Water Quality 901 P .Street • Sacramento. California 958M • (916) 657-0757 Mailing Address: P.O. Box 1977 • Sacramento, California • 95812-1977 FAX (916) 657-1011 • Internet Address: http.7/www.swrcb.ca.gov Gray Davis Governor June 30, 1999 Date Processed:22-Apr-99 WILLIAM GROSSE CANAM 5850 AVENIDA ENCINAS STE A CARLSBAD, CA 92008 RECEIPT OF YOUR NOTICE OF INTENT 4-- The State Water Resources Control Board (State Water Board) has received and processed your NOTICE OF INTENT TO COMPLY WITH THE TERMS OF THE GENERAL PERMIT TO DISCHARGE STORM WATER ASSOCIATED WITH CONSTRUCTION ACTIVITY. Accordingly, you are required to comply with the permit requirements. Your WDID identification number is;9 37S310878. Please use this number in any future communications regarding this permit. SITE DESCRIPTION OWNER: CANAM DEVELOPER: CANAM COUNTY: SAN DIEGO SITE ADDRESS: COLLEGE AND EL CAMINO REAL CARLSBAD, CA 92008 COMMENCEMENT DATE: 11/1/99 EST. COMPLETION DATE: 11/1/03 When construction is complete or ownership has been transferred, dischargers are required to notify the Regional Water Board by submitting a Notice of Termination (NOT). All State and local requirements must be met in accordance with Special Provision No. 7 of the General Permit. I have enclosed a NOT for your future use. If you do not notify the State Water Board that construction activity has been completed you will continue to be invoiced for the annual fee each April. If you have any questions regarding permit requirements, please contact your Regional Water Board at (619) 467-2952. Sincerely, ft- Audrey Shimizu Storm Water Unit Division of Water Quality Enclosure California Environmental Protection Agency tQ Recycled Paper City of Carlsbad Planning Department May 6, 1999 Mike O'Hara Grosse Development Co., Inc. 5850 Avenida Encinas Carlsbad, CA 92008 Dear Mr. O'Hara, Thank you for meeting with me regarding the intent of Conditions 15, 16, and 17 of Planning Commission Resolution No. 4292. Condition 15 is met through the submittal of the CC & Rs stating the maintenance responsibilities, the siting of the individually metered systems as identified within our previous correspondence dated April 27, 1999, and conformance to the recycled water exhibit signed by William Plummer on May 5, 1999. Condition 16 is met by the creation of Lots 174, 175, and 176 as shown on Page 2 of the Tentative Map. Condition 17 is met by the pedestrian access easement adjacent to Lot 33 shown on the Tentative Map, Page 4. Sincerely; BRIAN HUNTER Senior Planner BH:eh c: Chris DeCerbo, Principal Planner 2O75 La Palmas Dr. • Carlsbad, CA 92009-1576 • (760) 438-1161 • FAX (76O) 438-O894 itv of Carlsbad Planning Department April 27, 1999 Mike O' Kara Grosse Development Co., Inc. 5850 Avenida Encinas Carlsbad, CA. 92008 Dear Mr. O'Hara; Thank you for meeting with me regarding the intent of Condition 15 of Planning Commission Resolution No. 4292. The requirement that homeowner association maintenance of all slopes, front yards, and common areas may be met with your proposed plan for individually metered systems with irrigation controllers in the vicinity of the utilities boxes that would be accessible to the association maintenance workers. The desire for the separation of the potable and recycled water necessitates a solution of this nature. If you have any other questions regarding the City's interpretation of these conditions, please do not hesitate to contact me at (760) 438-1 161. Brian Hunter Senior Planner c: Chris DeCerbo, Principal Planner J/ RECEIVED Jim 0 2 1999 2075 La Paimas Or. • Carlsbad, CA 92009-1576 • (76O) 438-1 161 • FAX (76O) 438-O894 API. 1.1999 i'.HOn MANITOU ENGINEERING No.7132 P. K/1ANITOU ENGINEERING COIN/IRXKNY 35b VEST NINTH AVENUE, SUITE "B" ESCONDTDO, CA 92025 FACSIMILE MEMO DATE: April 1, 1999 TO: Mr. Mike O'Hara FROM: Frank Fitzpatrick TOTAL NO. OF PAGES (including cover): 3 JOB NO: J#1469, The Terraces at SunnyCreek MESSAGE: Dear Mike, Attached is a copy of the letter I sent to Rancho Carlsbad, requesting a new letter of permission to grade for College Boulevard. Also attached is the reply from attorney Sue Loftin. I believe this is the information you requested. PLEASE CALL 760-741-9921 IF NOT RECEIVING GOOD COPIES APT. 1. 1999 6:OOPM MANITOU ENGINEERING No.7732 P. 2 LAW OFFICES OF /? c*oc. ^.Ju •433O L> JOLLA VILLAGE DRIVE SUITE 33O SAN DIEOO. CALIFORNIA OEI22-62O3 TELEPHONE: <e 19) 535-S38O FACSIMILE: (6 19) 535-O3Q1 E MAIL: LLOFTIN I 82@AOL.COM June 20 1997 Post-It1* brand fax tranamHtal memo 7671 Dapl. # of pagw » Phona* Fax*Mr. Lloyd B.HubbsPE City of Carlsbad Engineering Department 2075 Las Palmas Drive Carlsbad, CA 92009-1576 RE: Carlsbad Tract No. 83-36 Dear Mr. Hubbs: The purpose of this correspondence is to inform you that the Carlsbad Partners, a California General Partnership (the, "Owners"), the Owners of the property commonly known as Rancho Carlsbad Country Club Estates does not consent to any grading on its property. The owners are in possession of a request from Francis W. Fitzpatrick on behalf of CanAm Properties to allow the construction on the Owners' Property of improvements required by the City in connection with Carlsbad Tract No. 83-36, Map No. 11242. If you have any questions, please feel free to telephone me. Sincerely, L. Sue Loftin, Esq. LSL:seb cc: William Geary, Jr. Abraham Keh Lee Anderson Michael Churchill Steve Weed 7 ^,—^ ', . i ' M APT. 1. 1399 6:OOPM MAN1TOU ENGINEERING No.7732 P. 3 June 13, 1997 Mr. William W. Geary Jr., President Carlsberg Management Co. 2800 Twenty-Eighth St. Suite 222 Santa Monica, Ca. 90405 Re: Letter of Permission to Grade / College Boulevard, Carlsbad Dear Mr. Geary, CanAm J?roperties has requested Manitou Engineering Company to work with the City of Carlsbad to obtain permission from adjoining land owners to allow the construction of improvements required by the City. Attached hereto are copies of a recorded Drainage Easement and Hold Harmless Agreement. These documents encumber your property and benefit the City. They were executed by a predecessor in title. Also, attached is a print of the City approved Rough Grading Plan and Improvement Plan for College Boulevard, that terminates at the boundary of the Rancho Carlsbad Partners property. Also, attached is the existing Letter of Permission that accompanies these drawings, signed by Western Land & Development Company granting permission to grade. The City has requested the Letter of Permission be updated. I have included a copy of an unsigned Letter of Permission for your use. I would appreciate Rancho Carlsbad Partners sign the Letter of Permission and return it to me for processing with the City. Thank you very much for your assistance in providing the Letter requested by the City. Please call if you have any questions concerning this request. Sincerely, attachments: Francis W. Fitzpatrick, PLS Principal c Mr. Russell W. Grosse Ms. Sue Loftin Esq. March 16, 1999 Mike O'Hara Grosse Development Co.,Inc. Avenida Encinas Carlsbad, CA 92008 Dear Mr. O'Hara Thank you for meeting with me today regarding the intent of Planning Commission Resolution No. 4292, Condition 15. The requirement that association maintenance of all slopes, front yards, and common areas can be met with your proposed plan of a valve in the vicinity of the utilities boxes that would be accessible to the association maintenance workers. The desire for separation of potable and recycled water necessitates a solution of this nature. If you have any other questions regarding the City's interpretation of these conditions, please do not hesitate to contact me at (760) 438-1161, extension 4457. Brian Hunter Senior Planner- City of Carlsbad Planning Department March 16, 1998 Russell Grosse Can Am Properties, LLC 5850 Avenida Encinas, Suite A Carlsbad, CA 92008 SUBJECT: Terraces at Sunny Creek - GPA 96-01/ZC 96-01/SP 190{B)/CT 96- 02/PUD 96-02/HDP 96-02/SDP 97-02/EIR 98-01/SUP 96-01 through 04 Your application has been tentatively scheduled for a hearing by the Planning Commission on May 6, 1998. However, for this to occur, you must submit the additional items listed below. If the required items are not received by April 1, 1998, your project will be rescheduled for a later hearing. In the event the scheduled hearing date is the last available date for the City to comply with the Permit Streamlining Act, and the required items listed below have not been submitted, the project will be scheduled for denial. 1. Please submit the following plans: A) 12 copies of your (site plans, landscape plans, building elevation plans, floor plans) on 24" x 36" sheets of paper, stapled in complete sets folded into 81/2' x 1.1 " size. B) One 816" x 11" copy of your reduced site plan, building elevation and floor plans. These copies must be of a quality which is photographically reproducible. Only essential data should be included on plans. 2. As required by Section 65091 of the California Government Code, please submit the following information needed for noticing and sign the enclosed form: A) 600' Owners List - a typewritten list of names and addresses of all property owners within a 600 foot radius of the subject property, including the applicant and/or owner. The list shall include the San Diego County Assessor's parcel number from the latest equalized assessment rolls. 2075 Las Palmas Dr. - Carlsbad, CA 92OO9-1576 • (760) 438-1161 - FAX (760) 438-O894 GPA 96-01/ZC 96-01/SP^reO(B)/CT 96-02/PUD 96-02/HDP 96-W/SDP 97-02/ElR 98- 01/SUP 96-01 - TERRACES AT SUNNY CREEK MARCH 16, 1998 PAGE 2 21 B) 100' Occupant List - (Coastal Development Permits Only) a typewritten list of names and addresses of all occupants within a 100 foot radius of the subject property, including the applicant and/or owner. C) Mailing Labels - two (2) separate sets of mailing labels of the property owners within a 600 foot radius of the subject property. The list must be typed in all CAPITAL LETTERS, left justified, void of any punctuation. For any address other than a single family residence, an apartment or suite number must be included but the Apartment, Suite and/or Building Number must NOT appear in the street address line. DO NOT type assessor's parcel number on labels. DO NOT provide addressed envelopes - PROVIDE LABELS ONLY. Acceptable fonts are: Swiss 721, Enterprise TM, Courier New (TT) no larger than 11 pt. Sample labels are as follows: UNACCEPTABLE UNACCEPTABLE ACCEPTABLE Mrs. Jane Smith Mrs. Jane Smith MRS JANE SMITH 123 Magnolia Ave., Apt #3 123 Magnolia Ave. APT 3 Carlsbad, CA 92008 Apt. #3 123 MAGNOLIA AVE Carlsbad, CA 92008 CARLSBAD CA 92008 C) Radius Map - a map to scale, not less than 1" = 200', showing all lots entirely and partially within 600 feet of the exterior boundaries of the subject property. Each of these lots should be consecutively numbered and correspond with the property owner's list. The scale of the map may be reduced to a scale acceptable to the Planning Director if the required scale is impractical. D) Fee - a fee (check payable to the City of Carlsbad) shall be paid for covering the cost of mailing notices. Such fee shall equal the current postage rate times the total number of labels. Cash and credit cards are also accepted. Sincerely, BRIAN HUNTER Senior Planner BWrimh Attachment I HEREBY CERTIFY THAT THE PROPERTY OWNERS LIST AND LABELS SUBMITTED TO THE CITY OF CARLSBAD ON THIS DATE REPRESENT THE LATEST AVAILABLE INFORMATION FROM THE EQUALIZED ASSESSOR'S ROLES. APPLICATION NAME AND NUMBER APPLICANT OR APPLICANT'S REPRESENTATIVE BY: ; DATE: RECEIVED BY DATE: Memo Date: Getcrber22, 1998 To: City Council From: Planning Director RE: Robert Pat Kelly's undated questions la. The question whether Council should make any final or permanent decision with regard to Sunny Creek Plaza without a site development plan and associated public forum has been previously answered by the City Council with their approval of the Sycamore Creek Specific Plan. The Specific Plan identifies the permitted uses, the conditionally permitted uses, the setbacks, the height, and the site coverage allowed on the commercial site. It requires a Specific Plan Amendment prior to development of the structures on the commercial site. However the approved final map for the Sycamore Creek project includes improvement and grading plans which cover the Sunny Creek Plaza site, and which were approved without benefit of a specific site plan layout. The Specific Plan received a public forum before both the Planning Commission and the City Council. The project before the City Council at this time is an amendment to the Specific Plan which serves the purpose of voiding that document. The commercial site is being used for Recreational Vehicle Parking and is therefore a part of the Planned Development Permit for the residential project south of future College. Development of the future commercial site will, if the City Council supports the proposed amendment, require a Special Use Permit (El Camino Real Corridor), Site Development Plan (Airport Influence Area), and Planned Development Permit Amendment (to relocate the required Recreational Vehicle Parking). Therefore the City Council is not making a final decison regarding the grading of the commercial site if they approve The Terraces at Sunny Creek, as the detailed grading of the site will be looked at as part of the Site Development Plan for the shopping center. Ib. All EIR's are final when certified by the City Council. There already is a final certified EIR on the commercial site (1983). The 1998 Terraces EIR updates some of the information within that EIR with regard to public facilities. Further additional environmental review will occur with the specifics of the Site Development Plan for the commercial site. That review will be focused on the detailed impacts of the development of a shopping center at that site. If the City believes it is warranted at that time, it is possible to add condtions to mitigate the impacts of development such as lighting, noise, and hours of operation. It is premature to attempt to add those conditons at this time, since the Terraces does not include a detailed Site Development Plan for the commercial site. The Council, through review of the Planned Development Permit Amendment required to relocate the Recreational Vehicle Parking, will have a public hearing format in which to examine the commercial application, to include any environmental concerns. Ic. The term "stockpiling" is misleading; a temporary stockpile permit is not requested by this project. Grading of the commercial site substantially conforming to the present proposal has already been approved for the site via Final Map CT 83-36. The previously approved project includes an approved final map and improvement plans which allow for the grading of the commercial site. The claim that there was no public forum for the grading of the commercial site is incorrect. The grading was approved as part of the Specific Plan and Tentative Map for Sycamore Creek which enjoyed full public hearings at Planning Commission and the City Council. The grading as proposed is permanent. The final disposition of the land form modifications will be determined with the Site Development Plan for the commercial site. 2a. While it is difficult to compare two projects of different acreage, land use, and location, the following responds to your request. The 1983 project included property both north and south of the creek; the present project is confined to the area south of the creek. The general commercial area has been reduced by .5 acre, but is otherwise identical in use, and the remaining 40 acres formerly designated office/general commercial are planned as residential (37.8 acres of single family; 2.2 acres of multifamily affordable housing). The grading for the commercial lot in the 1983 project calls for minimal cut and the importation of 308,000 cubic yards of fill. As shown in Figure 5.9-3 of the Terraces EIR (page 5-81), the proposed project would import 202,340 cubic yards of fill, approximately one-third less (105,660 cubic yards) than the original project. From an environmental standpoint the proposed residential project is significantly less intense from a traffic generation rate when compared to the approved commercial land use. A corollary to that is the project will have less impact to air quality for the same reasons. The 1983 project was estimated to generate 33,150 trips per day; the commercial center contributing 14,400 of these trips. Subtracting our the residential component (1,316 trips) north of the creek for comparative purposes, the adjusted daily trip generation for the 1983 project is 31,834. The proposed project would generate a total of 14,438 daily trips (page 5-48 of the EIR) - 2,188 from residential uses and 12,250 from the commercial center. Using the adjusted trip amount for the 1983 project, the current priject would generate 17,396 fewer daily trips, a decrease of roughly 45 percent. The proposed commercial center alone would generate 2,150 fewer trips than the center planned in the 1983 project. Significantly fewer daily trips equates to lower quantities of vehicle emissions and better air quality. However since the Growth Management standards are more often based on residential population, non residential impacts for the 1983 project are less for parks, city administration, and libraries. The original Sycamore Creek project as approved predated the Growth Management Program. As the General Plan has been built out and planned for via the Growth Management Program all effected public facilities, to include open space, are reviewed for adequacy as part of the standard assessment. The Sycamore Creek Specific Plan required an open space easement over the riparian woodland. However as no map or other entitlement was ever granted for the oak riparian property, the open space easement has not as yet been recorded. 2b. The claim that the current EIR addresses only environmental concerns within the boundaries of the Terraces and Sunny Creek Plaza is incorrect. The 1983 Specific Plan dealt with a project that was physically a third larger than the proposed project. Both EIR's have considered the environmental effects of their projects' implementation on the surrounding areas as required by the California Environmental Quality Act (CEQA). Specifically, the City Council is being asked to make findings of overrriding consideration with regards to the significant unmitigable impacts to air quality and traffic due to this project, both of which are regional environmental impacts. Further public facility fees, and community facility district fees will be imposed as mitigation for this project which is mitigation outside of the boundaries of this project. Off-site mitigation measures are specified for biological, traffic, and sewer impacts. In addition the present document includes cumulative impacts analysis which was not a part of the 1983 document. A Corridor Management Area shall be established within Agua Hedionda Creek (offsite) and 1.74 acres of riparian woodland would be revegetated offsite. The Project EIR identified no other offsite project impacts. 2c. Staff has compared the biological report from the original specific plan with the current plan. The habitat has changed over time, mainly due to agricultural clearing that was accomplished without benefit of environmental review or a clearing and grubbing permit. The appropriate responsible agencies are aware of this issue and have been working with the applicant to determine the appropriate mitigation for the impact. From an EIR standpoint the most important difference is that since 1983 requirements for the protection of biological resources have become more stringent. Jurisdictions have entered into regional habitat conservation plans and the U.S. Fish and Wildlife Service (USFWS) and the California Department of Fish and Game (CDFG) have become directly involved in the negotiation of mitigation measures, including the specifications of habitat loss replacement ratios. As part of the proposed project process, negotiations with the USFWS and CDFG were undertaken. The loss of the coastal sage scrub habitat resulted in a mitigation ration of 2:1, with 3.4 acres of comparable habitat required to be purchased off-site. BENTEQ REAL ESTATE October 9, 1998 Mr. Brian Hunter, Planner City of Carlsbad Planning Department 2075 Las Palmas Drive Carlsbad, CA 92009-1576 RE: Terraces At Sunny Creek, LFMP 87-15 (B) Dear Brian: By letter dated June 15, 1998, we notified the City that the Cantarini Ranch generally supports the efforts of Russell Grosse Development and Hofinan Planning to prepare the Zone 15 LFMP Amendment. Last week, we received information that raises serious concerns about the validity of the Grosse/Hofman Zone 15 LFMP Amendment, which was recently approved by the Carlsbad Planning Commission. Since the LFMP Amendment will be considered by the City Council as part of the Terraces development application, we would appreciate Staff addressing the problem by requesting clarification and direction from the Council at this time. Specifically, the Carlsbad Planning Department's September 29, 1998 response letter to our Cantarini project preliminary review (PRE 98-44) concluded that, except for a very small portion of the property designated as "Area A", development of the 141-acre Cantarini property will be limited to 1/2-acre minimum lot sizes. It also concluded that slope areas of 25% or greater (rather than the current 40%+ standard) are not developable. As stated in the letter, these conclusions were based on the Staffs interpretation of the Sunny Creek Specific Plan (SP-191) and "past Council direction". The letter further states that Planning Staff could not be supportive of a subdivision proposal with less than 1/2-acre lots. While we recognize a preliminary review is, by definition, limited in its scope, the principal conclusions of Staff s September 29 response letter substantively contradict the fundamental assumptions on which the Grosse/Hofman LFMP Amendment is based. In particular, the LFMP Amendment "assumes development to occur at the Growth Management Control Point for these areas" (page 18), which is 2.88 d.u./acre for Cantarini and 1 d.u./acre for the adjacent Mandana and Kato properties (Exhibit 14). However, based on the interpretation of SP-191 presented in the September 29 letter, development of these properties could only achieve a fraction of the GMCP densities. (Supporting analysis: the LFMP assumes a GMCP density for Cantarini of 351 lots. Based on constraints analyses and lotting studies, if the 1/2-acre minimum lot size restriction is applied to Cantarini it would limit that property's development density to less than 100 lots. Similarly, the GMCP densities of the Kato and Mandana properties total 229 units. Applying Staff's interpretation of SP-191 to those properties, each at ld.u./acre, will result in an estimated total development density for the two properties of little more than 100 lots.) LA PALOMA CORPORATE CENTER * 3573 E. SUNRISE DRIVE, SUITE 221 * TUCSON, AZ 85718 520.299.2179 * 52O.529.6 i 22 (FAX) Accordingly, if the Staff interpretation of SP-191 presented in the September 29 letter prevails, the basis for the conclusions and forecasts presented in the Grosse/Hofman LFMP Amendment are off by a factor of about 3. That being the case, the conclusions of the Grosse/Hofman LFMP Amendment are wholly unreliable and grossly misleading. As a consequence, it would appear that local property owner support and Planning Commission approval of that Amendment were based on false assumptions and misleading information. More fundamentally, under this overly restrictive interpretation of SP-191, development and developer-funded public facilities for the majority of the Zone 15 area are not financially feasible. Based on the available information, it is our belief that the conflicts described above are simply the result of the limited analysis of the preliminary review rather than a broader problem with the LFMP Amendment. As appears intuitive in recent Staff and Commission actions supporting the LFMP Amendment, development of the Cantarini and other Zone 15 properties in SP-191 is more reasonably represented by Growth Management Control Point densities. Our October 8, 1998 response letter (from Bob Ladwig, Ladwig Design Group, Inc.) to Staff Planner Barbara Kennedy offers justification for interpreting, and/or supporting amendments to, the Sunny Creek Specific Plan to allow development densities on the Cantarini and adjacent Zone 15 properties that approximate the Growth Management Control Point. In any event, clear direction from City Council at this time would eliminate contradictions and inconsistencies between the current Zone 15 LFMP Amendment and the ambiguous 13-year old SP-191. Consequently, in conjunction with the Terraces project review, we respectfully suggest that the Staff request clarification and direction from the City Council regarding support for interpreting or amending SP-191 in ways that will allow development of these Zone 15 properties to achieve the current Growth Management Control Point densities, as is assumed by the Planning Commission approved Zone 15 LFMP Amendment. Alternatively, if the City cannot support development in the Sunny Creek area of Zone 15 at the GMCP densities, the Grosse/Hofman LFMP Amendment should not be approved by the Council in its current form. Thank you for your consideration and assistance in this matter. yours, David M. Bentley Mr. Michael J. Holzmiller, City of Carlsbad Planning Director Mr. Gary E. Wayne, City of Carlsbad Assistant Planning Director Ms. Barbara Kennedy, City of Carlsbad Planner City Council Members c/o the Clerk Mr. Banning Cantarini, Cantarini Ranch Mr. Jim Gaiser, Cantarini Ranch Mr. Bob Ladwig, Ladwig Design Group JES? £7rwe&frnesifr 60 A LIMITED LIABILITY COMPANY July 1,1998 Members of the Planning Commission CITY OF CARLSBAD 2075 Las Palmas Drive Carlsbad, California 92009 RE: SUNNY CREEK PLAZA Dear Members of the Planning Commission: Please accept this letter of support in favor of The Terraces at Sunny Creek and Sunny Creek Plaza projects proposed at the intersection of El Camino Real and College Boulevard. We are partners in the Fairway Corporate Center project located at the same intersection, adjacent to the Taylor Made Golf facility on Fermi Court. In my career as an architect and as a commercial developer, I have seldom seen such a splendid opportunity for a master planned community with modern zoning to have this wonderful mix of uses adjacent to one another. The residential and retail components of the Sunny Creek plan together with our Fairway Corporate Center offices will provide a neighborhood where workers and residents can enjoy Carlsbad without the usual adverse impacts. We look forward to the Planning Commission's approval of this project. Sincerely, Scott S. Barnard Principal SSB. ts. C:\ I SB\LAND\CRC2&3\SUNNY.DOC cc: Rusty Grosse 840 NEWPORT CENTER DRIVE, SUITE 420, NEWPORT BEACH, CALIFORNIA 92660 • TEL. (714) 719-6360 • FAX (714) 719-6366 JUNE 17, 1998 TO: PLANNING COMMISSION FROM: Planning Department TERRACES AT SUNNY CREEK - EIR 98-01/GPA 96-01/ZC 96-01/SP 190(B)/LFMP 87- 15(B)/CT 96-02/SDP 97-02/PUD 96-02/HDP 96-02/SUP 96-01/SUP 96-02/SUP 96-03 RESPONSE TO COMMENTS OF LETTERS DATED JUNE 2,1998 FROM RANCHO CARLSBAD AND JUNE 5,1998 FROM ROBERT PAT AND KAREN KELLY The Terraces at Sunny Creek project was continued from the June 3, 1998 Planning Commission meeting to this date for the purpose of resolving processing issues associated with the Local Facilities Management Plan Amendment (LFMP 87-15(B)), as well as, clarifying proposed project revisions which were provided to you at the previous meeting. Rancho Carlsbad Letter of June 2,1998 On June 16, 1998, City staff met with the Rancho Carlsbad representatives who expressed concern with the Terraces at Sunny Creek project. At the conclusion of the meeting they have indicated that the additional information adequately responded to their concerns. Supplemental hydrologic information was provided to them which included a study prepared by Dr. Howard Chang, "Evaluation of Hydrologic and Flood Impacts of Proposed Sunny Creek Development on Rancho Carlsbad Mobile Home Park" (June 1998, on file with the City of Carlsbad Engineering Department) as well as, a preliminary erosion control plan for the future commercial lot (on file with the City of Carlsbad, Engineering Department). Included below are staff responses to specific project comments within the Rancho Carlsbad letter of June 2, 1998 and the Kelly letter of June 5, 1998: Question 1. Stockpile permit under IV. Analysis, Section 1 - Hillside Development Permit, Page 3-9 and 5-5 of the EIR state that cut material from the residential portion of the project would be exported to the commercial parcel for fill. As shown in Figure 5.9-3, the amount to be exported is 202,340 cubic yards. The EIR states on page 3-4 that while the commercial parcel is to be graded as part of this project, it has a separate approved Final Map and is to be developed independent of the residential portions of the project. Presently, a Specific Plan Amendment is being reviewed by the City for the development of the commercial site. If the Specific Plan is rescinded by the City Council, a Site Development Plan would be required due to the project's location within the Airport Influence Area. All grading and fill placement (which would include a stockpile) associated with both projects must conform to the City's Grading Ordinance, the Uniform Building Code, and the recommendations of the geotechnical report and its appendices (Technical Appendix B of the EIR). These specify compaction standards, as well as measures to prevent potential impacts related to sedimentation and erosion during construction. EIR 98-01/GPA 96-01/ZcW-Ol/SP 190(B)/LFMP 87-15(B)/CT 9<R/SDP 97-02/PUD 96- 02/HDP 96-02/SUP 96-01/SUP 96-02/SUP 96-03 - TERRACES AT SUNNY CREEK JUNE 17, 1998 PAGE 2 The background of the current project is explained in Section 3.3 of EIR 98-01. CEQA Guidelines Section 15153 allows the use of a previous environmental document to serve as the basis for subsequent documentation on the same property. As indicated on page 3-1 of EIR 98- 01, the initial environmental documentation for both the commercial and residential portions of the project was provided in the Environmental Impact Report for Del Mar Financial (the original EIR for the Sycamore Creek project), prepared by Recon and certified by the City in 1983. This earlier project assumed that 308,000 cubic yards of fill material would be imported to the commercial parcel - approximately 100,000 cubic yards more than called for in the Terraces project. Page 37 of the EIR states that because the commercial area is relatively flat, no significant topographic impacts associated with importation of fill to this area would be anticipated. EIR 98-01 updates analysis of the environmental impacts to all issues previously addressed in the EIR prepared by Recon (1983) within the context of the present project. In addition, environmental issues have been further addressed for the westernmost portions of the commercial parcel in recent studies prepared in conjunction with the forthcoming Mitigated Negative Declaration for three sewer segments of the Carlsbad Municipal Water District's South Agua Hedionda Trunk Sewer. Significant impacts were identified only for cultural and biological resources within that study, and these were not associated with the portion of the segments located on the commercial parcel. Question 2. Drainage Analysis under IV. Analysis, Section J - Special Use Permit-Flood Plain. Comment noted. Please see introductory paragraph. Question 3. Planning Commission resolution No. 4287.As stated in the introduction to EIR 98- 01 (page I) a Notice of Preparation (NOP) identifying the scope of issues to be analyzed within the EIR was circulated by the City for public review between October 31 and November 30, 1996. No comments were received at that time. The NOP is included as Appendix A of the draft EIR. The final EIR was available for public review during a 45 day review period extending from October 28 to December 12, 1997. Three letters of public comment were received during this period; responses to these letters begin on page B-2 of the EIR. A letter of comment was not received from Rancho Carlsbad. CEQA requires mitigation measures only when significant impacts would result from the implementation of a project. Implementation of The Terraces project would introduce increased amounts of runoff, but this increase is not considered significant (see page 5-79 of the EIR). Therefore, specific mitigation measures, which CEQA intends as the means to reduce significant impacts to below levels of significance, are not necessary. Mitigation measures to prevent potentially significant water quality, erosion and sedimentation related impacts are provided on EIR98-01/GPA 96-01/ZC^-01/SP 190(B)/LFMP 87-15(B)/CT 96^/SDP 97-02/PUD 96- 02/HDP 96-02/SUP 96-0I/SUP 96-02/SUP 96-03 - TERRACES AT SUNNY CREEK JUNE 17, 1998 PAGE 3 page 5-16 of the EIR. Related measures are provided on page 5-9 and in Technical Appendix B of the EIR, as well as documented in the introductory paragraph. Question 4. Planning Commission Resolution No. 4292. The drainage structure at the end of College Boulevard is within a City of Carlsbad recorded easement that has existed since 1985. The statement that it conflicts with another easement of record is somewhat misleading. The easement referred to is for the benefit of property owners to the east of Rancho Carlsbad for access to their property. The Terraces has designed and incorporated into their plans an access to the east connecting to the new College Boulevard via "A" Street. The easement referred to is non-plottable in its description as it is the dirt road as it existed in 1936. Although Rancho Carlsbad has access to the eastern portion of their property, after the installation of this drainage structure within a City of Carlsbad drainage easement, the fact this drainage structure is within the alignment of future College Boulevard, and is shown on the City of Carlsbad Drainage Master Plan, the developer of Carlsbad Tract 83-36 (the final map covering College Boulevard and the commercial site) has agreed to do the following: Realign the dirt road to avoid the City of Carlsbad Drainage easement and construct a concrete dip section to prevent erosion or to construct and underground storm drain from the end of the approved structure to Agua Hedionda Creek as shown on the City of Carlsbad Drainage Master Plan to Agua Hedionda Creek. This solution requires the owners of Rancho Carlsbad to grant an easement to alleviate what they feel is a drainage problem on their property. Question 5. Planning Commission Resolution No. 4295) and 6.Planning Commission Resolutions Nos. 4297 and 4298) Please see response to item 1. And introductory paragraph. Question 7. Retaining wall over six feet in height) While sheet 17 of 25 of the tentative map will be revised to bring this wall to less than six feet in height, this project is being reviewed under the previous hillside ordinance which had no requirement to limit wall height to six feet. Question 8. and 9. are responded to by the Assistant City Engineer under separate cover. Kelly Letter of June 5,1998 Planning and Engineering staff understand the concerns of the Kellys to be twofold; future access and proposed grading. In either case their concerns apparently revolve around the future commercial site west of future College Boulevard, which except for the grading and the placement of a temporary Recreational Vehicle Storage facility is not under consideration at this time. They have also commented on the overall grading concept of the Terraces at Sunny Creek project. That grading meets the requirements of the previous hillside development ordinance and was designed so that the environmentally significant remainder piece of the tentative map was not impacted by that grading, which is not included in the acreage calculations for grading amounts. 96WJEIR 98-01/GPA 96-01/ZC^-01/SP 190(B)/LFMP 87-15(B)/CT 96WSDP 97-02/PUD 96- 02/HDP 96-02/SUP 96-01/SUP 96-02/SUP 96-03 - TERRACES AT SUNNY CREEK JUNE 17, 1998 PAGE 4 Nothing in what is being considered by the Planning Commission precludes access to either El Camino Real and/or future College Boulevard, although it may be redundant to note that at the present time the Kelly's have no access to College Boulevard, and that El Camino Real and College Boulevard will carry at build out significant amounts of traffic subordinate probably only to Interstate 5 and Palomar Airport Road in the City. As such, traffic safety and flow decisions which may preclude unlimited access to these arterials are a distinct possibility. However such decisionmaking will occur at a later date when the discretionary action considering the commercial project is accomplished, and certainly the Kelly's are indicating their desires at this time to have unlimited access to both of these arterials. The grading proposed for the Terraces project is similar to what has already been approved via the specific plan, the final map, and the grading plans that exist for the commercial lot and the EIR that analyzed those actions. The Kelly's were the property owners at the time of those discretionary approvals before the Planning Commission and City Council. Typically commercial sites are at grade or above the adjacent roadways. The site is an important part of the General Plan's Commercial Land Use Element as it will serve the eastern central portion of the City as well as provide additional retail sources for the adjacent industrial properties. It has been shown on the General Plan Land Use Map for years and analyzed as such within the Environmental Impact Report for the update of the General Plan in 1994. The retaining walls and elevations noted by the Kelly's are taken from the proposed commercial development which is not before the Planning Commission at this time. They will be notified at such time as that project is ready for public hearing. Attachments: 1. Letter from Rancho Carlsbad dated June 2, 1998 2. Letter from Robert and Karen Kelly dated June 5, 1998 Robert Pat and Karen Kelly 2770 Sunny Creek Road Carlsbad, CA. 92008 Planning Commission City of Carlsbad Carlsbad, CA. June5,1998 Dear Commissioners, You are in receipt of a letter from us dated April 29, 1998 regarding the Grosse Development Plan for a residential complex, the Terraces at Sunny Creek/and a commercial shopping center, Sunny Creek Plaza, in Zone 15 and the attendant finance plan for that zone. As considerable additional information has become available regarding these projects, and in light of the recent hearing continuance, we would like to take this opportunity to address some of our concerns in advance of the June 17th meeting. We are both lifelong residents of Carlsbad. We live in the oldest home in the city and my family history here extends back to the mid 1800's. We are certainly no strangers to change. While it is always a struggle watching a small town transform itself into a bustling urban municipality, for the most part, Carlsbad has managed its growth well and we are not opposed to expansion in general, which is of course inevitable, nor to the Grosse Development project in particular. We do, however, have very serious concerns as to how this project is developed and our primary concerns are twofold: grading and access. In the absence of an approved site development plan, you are being asked to approve mass grading on the commercial portion of this project which is adjacent to the residential complex currently before the Commission. While this grading has direct critical impact on our property as well as on others, the issues related to the commercial site are not under simultaneous review. If grading is permitted, then the planning on the two sites will be inexorably linked and should be reviewed concurrently. Approval of the residential development with the proposed stockpile permit for a permanently engineered commercial pad will preclude any significant future changes to the commercial site. It is our contention that both access and grading changes are imperative. Once the dirt is moved (engineered, grubbed, scarified, compacted etc.) it is not going to be re-excavated and hauled away and once the commercial site is elevated 13.5 feet above the only feasible access road to College Blvd., that approach will be rendered permanently inaccessible. What's happened to the "comprehensive planning" that the City of Carlsbad claims is the cornerstone of its growth and development? The grading proposed for the Terraces at Sunny Creek is massive. In our opinion it exceeds all reasonable boundaries of good planning and we are surprised that the City staff would support such an intensive plan. It certainly flies in the face of the El Camino Real Corridor Development Standards which emphasize "retaining the natural topography", allow only "minimal cut or fill" and specify that "grading will not be allowed to create more visible development along the roadway". The EIR prepared by the City states that "virtually the entire project area will be graded"; out of 61 acres only .86 of an acre will not be graded; 98.59% of the total site will be disturbed. According to the EIR, there will be a total of 621,870 cubic yards of cut and 553,882 cubic yards of fill. While the City has discretionary power over standards for the scenic corridor, clearly the intent and purpose of the guidelines will be seriously violated if not abandoned altogether. How can the Commission justify such a breach of its own policy? Basically, Grosse Development proposes to level an entire hillside and then dump the remainder of that hill on the commercial site raising it up to create "visible development along the roadway". While we can readily appreciate the physical and economic rationale for moving dirt off of one site and directly on to an adjacent one, the enormity of this project is staggering and it is imperative to address the repercussions of this mass relocation of dirt BEFORE itis relocated. The proposed grading plan provided by the City shows the commercial site significantly raised with fill dirt, elevating the pad above the level of El Camino Real on the south side, with over thirteen feet of fill supported by a retaining wall of equal proportions on the north side. We understand the necessity of raising a portion of the site to meet the City's flood plain standards. From the developers perspective, we also recognize the desirablity of a commercial center elevated to attract everyones attention. But this commercial project is not being created in a vacuum. And yet it is being reviewed as if it were isolated and without impact to its neighbors or to the scenic corridor it borders. Our home is located on a small knoll above the commercial property. Once the site is raised up 13.5 feet in the air, on top of which large commercial buildings will be erected, we will suddenly be face to face with this shopping center and we have a number of concerns that need to be addressed in advance of such a dramatic change. And while it is convenient and will save development dollars to move dirt between neighboring sites, it will not solve the dirt disposal problem. There is such a tremendous volume of cut and fill associated with this project that a considerable amount of dirt will still have to be trucked elsewhere. Substantially elevating this commercial pad will create as many problems as it will solve and action of this magnitude taken without regard to the consequences to the adjacent property owners is fundamentally unfair and decidedly poor planning. As expressed in our previous letter, access to our home, our rental unit and to approximately ten acres of undeveloped land will be radically impacted by the Grosse Development Plan. Access from Sunny Creek Rd. to El Camino Real will be reduced to right turn only and there is no public roadway purposed to directly link our property to access off of College Blvd., a road that we will of course be required to pay for according to the finance plan. We would be forced to access our property through a shopping center parking lot, an approach that we believe is totally unacceptable. The neighboring horse ranch will suffer the same fate. Can you envision huge trucks and horse trailers regularly attempting U-turns on El Camino Real or dodging pedestrians with shopping carts as big rigs troop through the commercial center to get to the stables? Disastrously poor planning. The issue of access is not being addressed at this time. But, if the grading on the commercial site is approved, the issue of access will be rendered moot as the elevation of the shopping center to 13.5 feet above Sunny Creek Road will preclude the road from ever being linked to College Blvd. Presently, Sunny Creek Road is the logical public access route to connect all of the neighboring properties to College Blvd.. It would act as a frontage road to the commercial project, eliminating the need to traverse the shopping center parking lot, and share access with Sunny Creek Plaza at the signalized intersection on College Blvd. If the grading plan before you is passed, it will be too late to address the problem of access and we will have been denied any reasonable recourse. This, too, is both fundamentally unfair and decidedly poor planning. We have several other concerns regarding the Grosse Development Plan, including some environmental impact issues, that we would like to voice and the finance plan for Zone 15 has also generated some questions to be answered. But the issues of grading and access are paramount because the consequences are irreversible and the damage irreparable. We appeal to the Commission to hold the Grosse Development Plan in abeyance until these issues are resolved. Approval of this massive grading plan is premature. All relevant information should be deliberated before any action is taken. Thank you for your consideration. Sincerely, Robert Pat Kelly 06-32-1998 16:02 7604387=15 RUSSELL 2ROS5E DEV. P.02 BAbibhNIAN L/GONI June 2,1998 City of Carlsbad Planning Department 2075 Las Palmas Drive CartsDad, CA 92009-1576 Attention: Mr. Brian Hunter, Senior Planner Subject: CanAm Properties • The Terraces at SunnycreeK (Z-Lot Concept) Dear Brian: On behalf of CanAm Properties, we wish to offer additional information regarding the above-mentioned proposed residential development currently under consideration for Planning Commission approval. It has come to our attention that the unique residential planform plotting configuration Known as the Z-Lot would benefit from some additional explanation. This is because the Z-Lot concept marries innovative architectural design with advanced lot use to enhance the liability and look of the community. A little history on the typical lot configurations found throughout the country might be helpful here, in .outlining some of the Key differences in the various lot arrangements, please Keep in mind some of the general examples, below have setback references that may not be identical to those found in Carlsbad. Most of our discussion will highlight the sideyard arrangement, assuming that the front and rear lot volumes are typically acceptable. The most conventional lot is called a center-plot tor With standard front and rear setbacks, the home is usually plotted 5' from a sideyard property line, or 10' aggregate between structures. Whafs too bad about this design is that the narrow/ 5' volume is useless for active yard design and, instead, is just for incidental outside storage of things like bikes, trash cans, barbecues, etc. it is also severely compromised for privacy. Oftentimes, the adjacent home (10* away) has bedroom windows that are nearly mirror-image, with no regard for each home's privacy. This is not conducive to good living. The 1970's saw a revolution in breaking away from the center-plot lot with the advent of the zero-tof-/ine home. Please note that the zero-iot-line home is often called a patio home. The concept took the separation between homes (typically 10'} and offered it to just one home. The active yard was no longer just to the rear of the home, but wrapped all along one side of the home. Indoor-outdoor relationships were enhanced, and this lotting concept became a common configuration for temperate climate areas such as California and Arizona The 06-02-1998 16:01 7604387S15 RUSSELL 3ROS5E DEV. City of Carlsbad CanAm Properties - The Terrace at SunnycreeK June 2,1998 Page 2 livabillty of the home was dramatically improved, but so was the privacy, since the adjacent home was blank-wailed down the sideyard length, in me early days of 2ero-k>t-lino design, the blank-wall was coincidental with the recorded property line for the lot. This entails fairly complex conditions for actual construction, due to stringent uniform Building Code (U8C) requirements about structure at a property line. Typical UBC items of concern include extremely expensive ooxec/- Jtn roof eaves to achieve high fire code ratings, no glass windows, problems with water conveyance or drainage issues across adjacent lots. etc. After awhile, it made more sense to have the sideyard property line return to the middle of the separation between homes. That way the U8C issues go away, and me s/hg/e-use of the full 10* wide aideyard is maintained by way of use easements. A civil engineer creates the easements on his maps, and the grant deed places restrictions on tne use. maintenance and benefit of the easements. The next evolution of lot and product type was in the early 1980's when The long, blank wall of the adjacent home was deemed too long and linear. In addition, upon entering the narrow home, no line of sight to outside yards beyond is possible. The best light coming into a home floods from tne rear forward, and is always presented through the home. So, the architects and site planners for the Terraces at Sunnycreek configured two separate 15' minimum active sideyard use areas: One in the front half of the,lot at the entry door side, and for the rear naif of the lot the active yard is on the other side of the home, opposite the entry. The transitional switcn of spaces through the home at midpoint is what coined the term Z-Lot. But please note the property lines still stay at midpoint for UBC construction purposes. (Please refer to your Typical Lot Plan exhibit for additional questions.) Many people still refer to homes with a single-user sideyard between homes as a zero-lowlne home. This is misrepresentative because most of the time structure is not coincidental with property lines, but the standard industry nomenclature remains. The entry up to the home is wide enough that it doesnt feel pinched. Upon entering the home, glass on the opposite sideyard wall floods lignt into tne home and increases the projects visual dynamics and entry impact. This is all fairly common stuff for residential developers and their projects. 2-Lot t/« easemenfs are mapped by the civil, and often require additional definition to get various technical plotting considerations resolved (sucn as patio trellis). Most deed restriction language covers these conditions. P. 03 06-02-1998 16:02 7604387S15 RUSSELL C3ROS5E DEV. P. 04 City of Carlsbad CanAm Properties - The Terrace at Sunnycreek June 2.1998 Page 3 Because the home is more livable, with better, full-use yards and an increase in privacy, the value of the Z-Lot concept ia huge for the future resident. The extra effort required for the design team to configure the Z-Lofs lot lines, use easements and special architectural design is worth it, as sold-out projects can attest. Market acceptance is very high. The advantage at the community level for this design is also strong, The streetscape is broken up by wider green spaces between garages and offers a better architectural rhythm of mass and roof line to the street. The charming streetside entry gate, often with a trellis overhead, announces the home's entry sequence. The Z-Lot relies on perib/mance-basecf design. For example, it may be desirable to have an increase in privacy, but if increasing the lot size to accomplish this is not an option, the tools with which site planners and architectural designers are left to work with require thinking outside (he cox We believe The Terraces at Sunnycreek will offer a great opportunity for the city to receive a well-conceived and well-designed community. Is it a simple 1950's center-plot? The answer is no. Does ft require a few more pieces to understand? The answer is yes, Is it worth it? Only if the City of Carlsbad is committed to fostering dynamic residential and community design programs. The Z-Lot configuration, now some 20 years old, is tested, tried and true. Other jurisdictions that have approved this concept include the City of Irvine, the City of Placentia, the City of San Diego. County of Los Angeles, County of Orange and others. We believe support for this project is a win for the city, e win for the future homeowners and a win for the appBcant requesting the approval. In this accelerating residential market, we have brought a design proposal to the City of Carlsbad that we feel meets your goal of strong, articulated community design. Please call us should you wish to discuss any of the above. We are excited about lha opportunity to bring the City a fresh, new residential concept that will provide its residents many benefits. Sincerely, f^W », fm »* , _^ •«. ^^ MfeScott R Adams, AICP Vice President, Director of Land Planning /do Hofman Planning Associates MEMO DATE: JUNE 2,1998 TO: PLANNING COMMISSION FROM: HOFMAN PLANNING ASSOCIATES SUBJECT: CT 96-02 TERRACES AT SUNNY CREEK - Z-LOT CONCEPT This letter and the attachments should help to answer some of the concerns that have arisen regarding the Z-Lots proposed by the Terraces at Sunny Creek. The Z-Lots will basically function the same as a Zero Lot Line product. The Z-Lot design allows for a larger side yard and front yard to be provided for each home. As shown by the exhibits for the Terraces, the Z-Lot concept locates the property line 5 feet from the "blank wall" of the home. This has several advantages over a standard Zero Lot Line project. It allows for opaque windows to be located in the "blank wall" of the unit. The UBC, Uniform Building Code, restricts the type of windows on the wall of a building located on a property line and it does not allow roof eaves to project over the property line. The Z-Lot concept which has the actual property line 5 feet away from the "blank wall" of the structure allows an opaque window to be located on the "blank wall". This would allow natural light to enter the unit while still protecting the privacy of the adjacent home. The Z-Lot concept will also allow the eves and rain gutters to be located on the "blank wall" of each unit, since they would not be protruding over the property line. The attachments are from CT 83-21, the Knolls at Calavera Hills, an existing Zero Lot Line project in the City of Carlsbad. The first page is from the Preliminary Title Report and describes the Parcel and the Easement over the adjacent parcel for the maintenance of the blank wall. The other two pages are from the CC & Rs and address the maintenance of the wall and what can be done in the five foot easement. The CC & R's for the Terraces will be similar in nature in regard to what can occur in the easement area. Mike Howes, of our office, has lived in the Knolls for over four years and is not aware of any problems that have arisen regarding the uses within the easement or being able to use the easement to do maintenance on the adjacent home. He is also not aware of any homes at the Knolls that have been allowed to construct an opaque window on the "blank wall" of their home to let in natural light. He believes that the ability to have a opaque window on the "blank wall" to allow for natural lighting would be highly desirable. Also accompanying this memo is a letter from Scott Adams of Bassenian-Lagoni, the architects for this project. Mr. Adams' letter provides a detailed description of the evolution of and advantages of the Z-Lot concept. His letter also lists some of the jurisdictions that have Z-Lot communities. Mr. Adams will be at tomorrow night's meeting to provide any additional information that the Commission may desire including slides of existing Z-Lot projects. attachments BOWIE, ARNESON, WILES & GIANNONE A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS ATTORNEYS AT LAW ALEXANDER BOWIE* JOAN C. ARNESON WENDY H. WILES* PATRICIA B. GIANNONE ROBERT E. ANSLOW ARTO J. NUUTINEN DANIEL G. STEVENSON DANIEL J.PAYNE JULIE McCLOSKEY ISABELLA ALASTI DEBORAH R.G. CESARIO BRIAN W. SMITH *A PROFESSIONAL CORPORATION 4920 CAMPUS DRIVE NEWPORT BEACH, CALIFORNIA 92660 (714) 851-1300 3403 TENTH STREET, SUITE 715 RIVERSIDE, CALIFORNIA 92501 (909) 222-2750 2307 FINE AVENUE, SUITE 101 FRESNO, CALIFORNIA 93727 (209) 452-4101 June 1, 1998 (800) 423-6054 FAX (714) 851-2014 , RESPOND TO NEWPORT BEACH KEF. OUR FILE . 3042.14.7 VIA FACSIMILE [1 (760) 438-0894] AND U.S. MAIL Mr. Brian Hunter Project Planner City of Carlsbad 2075 Las Palmas Carlsbad, CA 92009 Re: Terraces at Sunny Creek EIR 98-01/GPA 96-01/ZC 96-017 SP 190(B)/LFMP 87- 15 (B)/ CT 96-02/PUD 96-027 HDP 96-02/ SUP 96-017 SUP 96-02 / SUP 96-03 Dear Mr. Hunter: As you know, this firm represents the Carlsbad Unified School District ("District"), which, like the City of Carlsbad ("City"), will be a public services provider to the above- referenced project and its related approvals, ("Project")1, which will be considered as part of the agenda of the City's Planning Commission meeting of June 3, 1998. Both the District and this firm have provided information regarding school facilities requirements and the significant, adverse environmental impacts which would result from the approval of the Project, which, as more specifically set forth in the Project's staff report ("Staff Report"), describes the Project as the subdivision of a 39.9 acre parcel into 172 single family lots, a multi-family lot and 1 open space lot and the development of 172 market rate single family homes, 50 affordable apartments, and 28 second-dwelling units. Over the last few years, the City and the District have been able to successfully provide for adequate public infrastructure, wherein any residential project applicant has been required to adhere to the standard mitigation condition included as a performance standard in all local facilities management planning zones prior to buildout. 'We are aware that this Project was originally known within the City as Sycamore Creek. BAW&G/AJN:ad/49061 BOWIE, ARNESON, WILES & GIANNONE Mr. Brian Hunter June 1, 1998 Page 2 In this regard we have on two separate occasions over the last two (2) years notified representatives2 of the applicant, Russell Gross Development Co. (aka R.W. Gross Development Company) of the implementation mechanism which the District employs to give effect to the performance standard which the District and the City have respectively agreed would ensure the availability of schools to meet the needs created by new residential housing projects involving legislative land use approvals sought from the City. As you are aware, this performance standard provides as follows: "Prior to the issuance of building permit, the Developer shall submit evidence to the Planning Director that impacts to school facilities have been mitigated in conformance with the City's Growth Management Plan to the extent permitted by applicable state law. If the mitigation involves a financing scheme such as a Mello-Roos Community Facilities District which is inconsistent with the City's Growth Management Plan including City Council Policy Statement No. 38, the Developer shall disclose to future owners in the project, to the maximum extent possible, the existence of the tax and that the school district is the taxing agency responsible for the financing district." We are aware that in order to remove any doubt as to the City's and the District's resolve that new residential development within the City must help provide for all the facilities and infrastructure necessary to service that development, the City has in the past also put residential project applicants on notice of the following: "To ensure the availability of school facilities in the Carlsbad Unified School District the applicant will submit evidence to the City that impacts to school facilities will be mitigated in conformance with the City's Growth Management Plan to the extent permitted by applicable state law for legislative acts. "3 As noted the District has provided Project representatives information relative both the District environmental impacts and City performance standards for educational public infrastructure. In this regard we note that Planning Commission Resolution No. 4292, page 4, 1J1 l.b, specifies as follows: "The project is conditioned that prior to the recordation of a final map the applicant shall submit evidence to the City that impacts to school facilities have been mitigated in Specifically, Mr. Mike O'Hara of Russell Gross Development Co., and the applicant's environmental consultant, Ms. Ruth Alter of Affinis. 3Source: Planning Commission Resolution No. 3593, page 2, finding number 5. BA W&G/AJN: ad/49061 BOWIE, ARNESON, WILES & GIANNONE Mr. Brian Hunter June 1, 1998 Page 3 conformance with the City's Growth Management Plan, (as amended concurrently herewith) to the extent permitted by applicable state law for legislative approvals permitted by4 applicable state law for legislative acts." The District is concerned, however, that the information provided to the applicant (enclosed herewith as Exhibits "A,"5 "B" and "C") and the District's understandings relative to the City's heretofore consistent application of the aforementioned performance standards throughout any LFMP Zone to be rezoned for new residential development (which have resulted in the participation by all new development applicants in the District's Community Facilities District No. 3), have not been accepted or agreed to by the Applicant. We note, for example, that although the District provided information to the Applicant's environmental consultant regarding both District school capacities and needs, the environmental analysis applicable to the Project [specifically in Section 4.11.3.3] is inconsistent with the language within the City's own Planning Commission Resolution No. 4292, page 4, f 11 .b. Instead, the Applicant, in its "CEQA Findings, Facts In Support of Findings and Statement of Overriding Considerations Regarding Final EIRfor the Proposed Terraces at Sunny Creek Project" contradicts the information about the educational services conditions within the City, and attempts to have the City adopt, as a "finding,"6 the following "condition": "Prior to the issuance of building permits, the applicant shall submit evidence to the Planning Director that impacts to school facilities have been mitigated in conformance with the City's Growth Management Plan to the extent permitted by state law (government [sic] Code Section 530807 et seq. and 65995 et seq" 4The District's preferred version of this language would insert the word "current" at this point in the condition. 5See correspondence dated September 25, 1996 from Ms. Ruth Alter of Affinis to Mr. John Blair, and letters dated February 4, 1997 and February 7, 1997 [Exhibits "A", "B" and "C", respectively.] 6The "finding" reads, to wit: "Changes or alterations have been required in, or incorporated into, the Project which mitigate or avoid the significant effects on the environment (hereafter, "Finding 1"). 7Government Code Section 53080 et seq. has been renumbered as Education Code Section 17620 et seq. BAW&G/AJN:ad/49061 BOWIE, ARNESON, WILES & GIANNONE Mr. Brian Hunter June 1, 1998 Page 4 Therefore, the District would respectfully request that the Zone 15 LFMP performance standard applicable to educational infrastructure be amended in accordance with the City's policies as applied to new residential development in Zones 7, 9 and 20, for example, and require the Applicant to fully mitigate the impacts from the Project to the satisfaction of the District and the City Planning Director, as discussed herein. Please do not hesitate to contact the firm if you should have any questions, comments, or if we may provide you any additional information you might need. Very truly yours, BOWIE, ARNESON, WILES &JGJANNOME Enclosures cc: Honorable Members of the Planning Commission of the City of Carlsbad Ms. Cheryl Ernst, Superintendent, Carlsbad Unified School District Mr. John Blair, Assistant Superintendent, Business Services, CUSD Mr. Gary E. Wayne, Senior Planner, City of Carlsbad Mr. Mike O'Hara, Russell Gross Development Company Ms. Ruth Alter, Affinis BAW&G/AJN:ad/49061 April 29, 1997 TO: BRIAN HUNTER, SENIOR PLANNER FROM: Associate Engineer Quon COMPLETENESS REVIEW AND INITIAL ISSUES STATEMENT TERRACES AT SUNNY CREEK, CT 96-02/PUD 96-02 The Engineering Department has completed its review of the Environmental Impact Report and offers the following comments: 1. The discussion of proposed sewer facilities in section 5.10.3.2 is inconsistent with the sewer facilities shown on previously reviewed plans for this project. The EIR discusses a proposed sewer lift station to be located at the intersection of El Camino Real and Rancho Carlsbad. Previous project plans show a pump station located at the end of College Boulevard. Either the plans or the EIR are to be revised with the desired sewer facilities. Regardless of which alternative is selected, the EIR should include further discussion on impacts of constructing sewer service to this project. The report should also include an exhibit clearly showing existing and proposed sewer lines. Please forward our comments to the applicant for corrections and changes as noted. If you have questions regarding any of the comments above, please contact me at extension 4380. KENNETH W. QUON Associate Engineer c Bob Wojcik, Principal Civil Engineer April 6, 1998 TO: BRIAN HUNTER, SENIOR PLANNER FROM: Mike Smith, Fire Marshal PROJECT CONDITIONS, THE TERRACES PUD 96-02 Brian, per our conversation, please include the following in the staff report as Fire Department project conditions. On the attached worksheets, I have highlighted other standard conditions and one "Code Reminder" for inclusion in the report. I have also included a copy of the analysis referenced in items one through three below. Please call if you have questions. 1. Units 70 through 78,133 through 137 and 160 through 172 shall be constructed in accordance with the specifications stated in the "Urban Wildland Interface Zone Fire Protection Engineering Analysis for the Terraces Residential Development," dated December 3,1997, Revised April 2,1998, and approved by the Carlsbad Fire Marshal April 3,1998. 2. The applicant's building plan submittal shall include copies of the above referenced fire protection engineering analysis, and details of any special architectural features required by that analysis. 3. Prior to issuance of the building permit, the applicant shall demonstrate to the satisfaction of the Fire Marshal that the proposed building plans conform to the design and construction specifications of the above referenced fire protection engineering analysis. MIKE SMITH City of Car Is ID ad Office of the City Clerk April 20, 1998 Mr. John Bridges, Principal Cotton Beland Associates 6310 Greenwich Drive, Suite 200 San Diego CA 92122 Re: Agreement for the Preparation of an Environmental Impact Report Dear Mr. Beland: Please find enclosed a copy of the fully executed agreement between the City of Carlsbad and Cotton Beland Associates for the preparation of an environmental impact report for the proposed project identified as The Terraces at Sunny Creek at the intersection of El Camino Real and College Boulevard. If you have any questions or need any further information, please do not hesitate to contact our offices at (760) 434-2808. Sincerely, CITY OF CARLSBAD SHERRIE D. WORRELL Deputy City Clerk cc: Brian Hunter, Senior Planner 12OO Carlsbad Village Drive - Carlsbad, California 92OO8-1989 • (76O) 434-28O8 AGREEMENT WITH CONSULTANT FOR THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT THIS AGREEMENT, made this 17th day of April 19 98 . between the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "CITY", and COTTON BELAND ASSOCIATES INCORPORATED hereinafter referred to as "CONTRACTOR". RECITALS WHEREAS, the CITY has entered into an agreement with CANAM PROPERTIES, LLC hereinafter called applicant, wherein the CITY agrees to prepare an Environmental Impact Report (EIR) for the proposed project identified as THE TERRACES AT SUNNY CREEK which is located at the intersection of El Camino Real and College Boulevard and more precisely shown on the plat marked Attachment 1, attached hereto and made a part hereof; and WHEREAS, the CONTRACTOR has the qualifications to review the required Environmental Impact Report prepared by the applicant; and WHEREAS, it is understood that the CONTRACTOR shall be an independent contractor of the CITY; NOW, THEREFORE, in consideration of their mutual covenants and conditions, the parties hereto agree as follows: 1. CONTRACTOR OBLIGATIONS CONTRACTOR shall review the Environmental Impact Report prepared by the applicant on the subject project for conformance to the requirements of the California Environmental Quality Act as implemented by the State Guidelines and by 1 Rev. 08-08-97 CITY in Title 19 of the Carlsbad Municipal Code and its implementing resolutions. In carrying out this obligation the CONTRACTOR'S duties shall include the following: 2. CITY OBLIGATIONS (a) The CITY will make payment to the CONTRACTOR as provided for in this agreement. (b) The CITY will make available to the CONTRACTOR any documents, studies, or other information in its possession related to the proposed project. 3. TIME OF COMPLETION Time is of the essence in carrying out the terms of this agreement. 4. PAYMENT The CONTRACTOR will be paid a maximum of $2,120.00 dollars for all work necessary to carry out the requirements of this agreement. Actual payment shall be based on the cost of the report based on the costs as set forth in Attachment 2 on file at the Planning Department. The CONTRACTOR shall be paid within 30 days, in response to invoice, for 70% percent of the compensable services for the completion of the review of the screen check draft Environmental Impact Report in accordance with Paragraph 1 above. The CONTRACTOR will be paid up to an additional 30% percent upon acceptance by the CITY of the review of the revised Screencheck draft, within 30 days after receipt of invoice. 5. LIMITS OF THE OBLIGATION The limits of the obligation of the CITY under this agreement is the sum of $2,120.00 which amount is estimated to be sufficient to compensate the CONTRACTOR for all services performed hereunder during the terms of this 2 Rev. 08-08-97 agreement. In the event at any time it appears to the CONTRACTOR that said sum may not be sufficient, he shall immediately so notify the Planning Director. He will not perform any work or incur any obligation beyond said sum of $2,120.00 without appropriate amendment to this agreement. 6. CHANGES IN WORK If, in the course of this contract, changes seem merited by the CONTRACTOR or the CITY and informal consultations indicate that a change in the conditions of the contract is warranted, the CONTRACTOR or the CITY may request a change in the contract. Such changes shall be processed by the CITY in the following manner. A letter outlining the required changes shall be forwarded to the CITY or CONTRACTOR to inform them of the proposed changes along with a statement of estimated changes in charges or time schedule. After reaching mutual agreement on the proposal, a supplemental agreement shall be prepared by the CITY and approved by the CITY according to the procedures described in Carlsbad Municipal Code Section 3.28.172. Such supplemental agreement shall not render ineffective or invalid unaffected portions of the agreement. Changes requiring immediate action by the CONTRACTOR or the CITY shall be ordered by the Planning Director who will inform a principal of the CONTRACTOR'S firm of the necessity of such action and follow up with a supplemental agreement covering such work. The lump sum amounts detailed in this agreement shall be adjusted for changes, either additive or deductive, in the scope of work, provided such changes are processed according to the procedures in this paragraph. Rev. 08-08-97 7. COVENANTS AGAINST CONTINGENT FEES The CONTRACTOR warrants that their firm has not employed or retained any company or person, other than a bona fide employee working for the CONTRACTOR, to solicit or secure this agreement, and that CONTRACTOR has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this agreement. For breach or violation of this warranty, the CITY shall have the right to annul this agreement without liability, or, in its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fees, gift, or contingent fee. 8. NONDISCRIMINATtON CLAUSE The CONTRACTOR shall comply with the state and federal laws regarding nondiscrimination. 9. TERMINATION OF CONTRACT The CITY may terminate this agreement at any time by giving written notice to the CONTRACTOR of such termination and specifying the effective date thereof, at least fifteen days prior to the effective date of the termination. In the event of termination, all finished or unfinished documents and other materials prepared pursuant to this agreement shall become its property. Upon termination for reasons other than breach of this agreement CITY shall pay CONTRACTOR the reasonable value of the services completed to the date of notice of determination. Rev. 08-08-97 10. DISPUTES If a dispute should arise regarding the performance of work under this agreement, the following procedure shall be used to resolve any question of fact or interpretation not otherwise settled by agreement between parties. Such questions, if they become identified as a part of a dispute among persons operating under the provisions of this contract, shall be reduced to writing by the principal of the CONTRACTOR or the CITY Planning Director. A copy of such documented dispute shall be forwarded to both parties involved along with recommended methods of resolution which would be of benefit to both parties. The CITY Planning Director or principal receiving the letter shall reply to the letter along with a recommended method of resolution within ten (10) days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the dispute shall be forwarded to the City Council for their resolution through the office of the City Manager. The City Council may then opt to consider the directed solution to the problem. In such cases, the action of the City Council shall be binding upon the parties involved, although nothing in this procedure shall prohibit the parties seeking remedies available to them at law. 11. CLAIMS AND LAWSUITS The CONTRACTOR agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. The CONTRACTOR acknowledges that if a false claim is submitted to the City, it may be considered fraud and the CONTRACTOR may be subject to criminal prosecution. The CONTRACTOR acknowledges that California Government Code Sections 12650 et seq.. the False 5 Rev. 08-08-97 Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. The CONTRACTOR acknowledges that the filing of a false claim may subject the CONTRACTOR to an administrative debarment proceeding wherein the CONTRACTOR may be prevented to act as a contractor on any public work or improvement for a period of up to five (5) years. The CONTRACTOR acknowledges debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the CONTRACTOR from the selection process, otfj?? (Initial)tr The provisions of Carlsbad Municipal Code Sections 3.32.025, 3.32.026, 3.32.027 and 3.32.08 pertaining to false claims are incorporated herein by reference. &&fo (Initial)V • r 12. STATUS OF THE CONTRACTOR The CONTRACTOR shall perform the services provided for herein in CONTRACTOR'S own way as an independent contractor and in pursuit of CONTRACTOR'S independent calling, and not as an employee of the CITY. CONTRACTOR shall be under control of the CITY only as to the result to be accomplished, but shall consult with the CITY as provided for in the request for proposal. The persons used by the CONTRACTOR to provide services under this agreement shall not be considered employees of the CITY for any purposes whatsoever. 6 Rev. 08-08-97 The CONTRACTOR is an independent contractor of the CITY. The payment made to the CONTRACTOR pursuant to the contract shall be the full and complete compensation to which the CONTRACTOR is entitled. The CITY shall not make any federal or state tax withholdings on behalf of the CONTRACTOR or his/her employees or subcontractors. The CITY shall not be required to pay any workers' compensation insurance or unemployment contributions on behalf of the CONTRACTOR or his/her employees or subcontractors, on behalf of the CONTRACTOR. The CONTRACTOR agrees to indemnify the CITY for any tax, retirement contribution, social security, overtime payment, or workers' compensation payment which the CITY may be required to make on behalf of the CONTRACTOR or any employee of the CONTRACTOR for work done under this agreement. The CONTRACTOR shall be aware of the requirements of the Immigration Reform and Control Act of 1986 and shall comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and CONTRACTORS that are included in this agreement. 13. OWNERSHIP OF DOCUMENTS All documents and materials prepared pursuant to this agreement are the property of the CITY. The CITY shall have the unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any reports, data, or other materials prepared under this agreement. 14. REPRODUCTION RIGHTS The CONTRACTOR agrees that all copyrights which arise from creation of the work pursuant to this contract shall be vested in CITY and hereby agrees to relinquish 7 Rev. 08-08-97 all claims to such copyrights in favor of CITY. 15. RELEASE OF INFORMATION BY CONTRACTOR Any reports, information or other data, prepared or assembled by the CONTRACTOR under this agreement shall not be made available to any individual or organization by the CONTRACTOR without prior written approval of the CITY. 16. HOLD HARMLESS AGREEMENT CONTRACTOR agrees to indemnify and hold harmless the City of Carlsbad and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney fees arising out of the performance of the work described herein caused in whole or in part by any willful misconduct or negligent act or omission of the CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of the City of Carlsbad. CONTRACTOR shall at its own expense, upon written request by the City, defend any such suit or action brought against the City, its officers, officials, employees and volunteers. CONTRACTOR'S indemnification of City shall not be limited by any prior or subsequent declaration by the CONTRACTOR. 17. ASSIGNMENT OF CONTRACT CONTRACTOR shall not assign this contract or any part hereof or any monies due or to become due thereunder without prior written consent of the CITY. 8 Rev. 08-08-97 18. SUBCONTRACTING If the CONTRACTOR shall subcontract any of the work to be performed under this contract by CONTRACTOR, the CONTRACTOR shall be fully responsible to the CITY for the acts and omissions of its subcontractor and of the persons either directly or indirectly employed by its subcontractor, as it is for the acts and omissions of persons directly employed by it. Nothing contained in this contract shall create any employee or contractual relationship between any subcontractor of CONTRACTOR and the CITY. The CONTRACTOR shall bind every subcontractor and every subcontractor of the subcontractor by their terms of this contract applicable to its work unless specifically noted to the contrary in the subcontract in question approved in writing by the CITY. 19. PROHIBITED INTEREST No official of the CITY who is authorized in such capacity on behalf of the CITY to negotiate, make, accept or approve, or to take part in negotiating, making, accepting or approving any architectural, engineering, inspection, construction, or material supply contract or subcontract in connection with the construction of the project, shall become directly or indirectly interested personally in this contract or in any part thereof. No officer, employee, architect, attorney, engineer or inspector of or for the CITY who is authorized in such capacity and on behalf of the CITY to exercise any executive, supervisory or other similar functions in connection with the performance of this contract shall become directly or indirectly interested personally in this contract or any part hereof. Rev. 08-08-97 20. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent or employee or the CITY, either before, during or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained, nor shall such verbal agreement or conversation entitle the CONTRACTOR to any additional payment whatsoever under the terms of this contract. 21. SUCCESSOR OR ASSIGNS Subject to the provision of Paragraph 10, "Hold Harmless Agreement", all terms, conditions, and provisions hereof shall inure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 22. EFFECTIVE DATE This agreement shall be effective on and from the day and year first written above. 23. CONFLICT OF INTEREST The CONTRACTOR shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The CONTRACTOR shall report investments or interests in all four categories. 24. INSURANCE The CONTRACTOR shall obtain and maintain for the duration of the contract and any and all amendments insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the work hereunder by the CONTRACTOR, its agents, representatives, employees or 10 Rev. 08-08-97 subcontractors. Said insurance shall be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:V" and shall meet the City's policy for insurance as stated in Resolution No. 91-403. A. Coverages and Limits. CONTRACTOR shall maintain the types of coverages and minimum limits indicated herein, unless a lower amount is approved by the City Attorney or City Manager: 1. Comprehensive General Liability Insurance. $1,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits shall apply separately to the work under this contract or the general aggregate shall be twice the required per occurrence limit. 2. Automobile Liability (if the use of an automobile is involved for CONTRACTOR'S work for the City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 3. Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the Labor Code of the State of California and Employer's Liability limits of $1,000,000 per accident for bodily injury. B. Additional Provisions. CONTRACTOR shall ensure that the policies of insurance required under this agreement contain, or are endorsed to contain, the following provisions. 11 Rev. 08-08-97 1. The City shall be named as an additional insured on all policies excluding Workers' Compensation. 2. The CONTRACTOR shall furnish certificates of insurance to the City before commencement of work. 3. The CONTRACTOR shall obtain occurrence coverage, 4. This insurance shall be in force during the life of the agreement and any extension thereof and shall not be canceled without 30 days prior written notice to the City sent by certified mail. 5. If the CONTRACTOR fails to maintain any of the insurance coverages required herein, then the City will have the option to declare the CONTRACTOR in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order that the required coverages may be maintained. The CONTRACTOR is responsible for any payments made by the City to obtain or maintain such insurance and the City may collect the same from the CONTRACTOR or deduct the amount paid from any sums due the CONTRACTOR under this agreement. 25. RESPONSIBLE PARTIES The name of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of the CONTRACTOR in connection with the foregoing are as follows: 12 Rev. 08-08-97 For City: Title: Senior Planner Name: Brian Hunter Address: 2075 Las Palmas Drive Carlsbad. CA 92009 For Contractor: Title: Principal Name: John E. Bridges Address: 6310 Greenwich Drive. Suite 200 San Dieao. CA92122 Architect/License Number: Architect/License Number: 26. BUSINESS LICENSE CONTRACTOR shall obtain and maintain a City of Carlsbad Business License for the duration of the contract. 27. ENTIRE AGREEMENT This agreement, together with any other written document referred to or contemplated herein, embody the entire agreement and understanding between the parties relating to the subject matter hereof. Neither this agreement nor any provision hereof may be amended, modified, waived or discharges except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. 13 Rev. 08-08-97 STATE OF CALIFORNIA COUNTY OF SAN DIEGO - •'' ' I / ''On ^ti.' ^ 's'V , VX/ before me, A'- ^atd //£ // , Notary Public, personally appeared ^ ! [ ] personally known to me - or [ ] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. *WITNESS my hand and official seal. (Signature Executed by CONTRACTOR this day of *> . 1 g f?. CONTRACTOR: (Name df Contractor) (sign nere) (print name/title) (sign here) >^-. CITY OF CARLSBAD, a municipal corporation of thegtate of California City Manager or Mayor ATTEST: ETNA LJIAUTENKRANZ, City Clerk KAREN R. KUNDTZ, Assistant City Clerk (print name/title) (Proper notarial acknowledgment of execution by CONTRACTOR must be attached). (President or vice president AND secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation) APPROVED AS TO FORM: RONALD R. BALL, City Attorney Bv: Deputy City Attorney 14 Rev. 08-08-97 ATTACHMENT 1 THE TERRACES AT SUNNY CREEK PLAT1 SCOPE OF WORK Task 1 - Initial Review of Screencheck Draft EIR CBA will review and comment where appropriate on the screencheck draft EIR prepared by Affmis. Our review will focus on a detailed examination of the EIR document itself, and will only review technical appendices for clarifications to main text. CBA will prepare our comments and recommendations to the City and Affinis in a memorandum format, in addition to directly marking up the document text. Task 1 Cost Estimate: John Bridges, Principal: 6 hours @ $115/hr = $690.00 Tim Gnibus, Project Planner, 12 hours @ $75/hr = $900.00 Task 2 - Review of Revised Screencheck Draft EIR CBA will review the revised screencheck draft EIR to ensure that the comments and recommendations generated by Task 1 have been incorporated into the revised screencheck draft EIR. CBA will identify any areas that need further revision based on our previous recommended changes. Task 2 Cost Estimate: John Bridges, Principal: 2 hours @ 115/hr = $230.00 Tim Gnibus, Project Planner, 4 hours @ 75/hr = $300.00 Total Cost Tasks 1 and 2: $2,120.00 This proposal does not include review of comments received during the public review period of the Draft EIR, nor review of the Final EIR. Should this be required, we will respond with a modified proposal.