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Home My WebLink AboutPUD 05-12B; La Costa Oaks North 3.3; Planned Development - Major Subdivision (PD)«~': ~ CITY OF CARLSBAD ... , LAND USE REVIEW APPLICATION P-1 Development Services Planning Department 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) Development Permits D Administrative Permit D Coastal Development Permit (*) 0Minor D Conditional Use Permit (*) 0Minor OExtension D Environmental Impact Assessment D Habitat Management Permit QMinor D Hillside Development Permit (*) [{] Planned Development Permit 0 Residential 0 Non-Residential D Planned Industrial Permit D Planning Commission Determination D Site Development Plan D Special Use Permit D Tentative Tract Map D Variance D Administrative (FOR DEPT. USE ONLY) Legislative Permits ~V000\tf7 D General Plan Amendment D Local Coastal Program Amendment (*) D Master Plan 0Amendment D Specific Plan 0Amendment D Zone Change (*) D Zone Code Amendment List other applications not specified D D D (*) = eligible for 25% discount (FOR DEPT. USE ONLY) NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED MUST BE SUBMITTED PRIOR TO 4:00P.M. ASSESSOR PARCEL NO(S).: 223-840-01-23, 223-841-18-24 & 223-842-01-37 PROJECT NAME: La Costa Oaks North -Neighborhood 3.3 North BRIEF DESCRIPTION OF PROJECT: Architecture and Plotting for 67 residential lots within the northern portion of Neighborhood 3.3 BRIEF LEGAL DESCRIPTION: LOCATION OF PROJECT: ON THE: West (NORTH, SOUTH, EAST, WEST) BETWEEN Avenida Soledad (NAME OF STREET) P-1 SIDE OF AND STREET ADDRESS Sitio Corazon (NAME OF STREET) San Elijo Road (NAME OF STREET) tJr/\1 CC;ot D Page 1 of 5 Revised 01/10 • OWNER NAME (Print): Real Estate Management Company MAILING ADDRESS: 1903 Wright Place, Ste 180 CITY, STATE, ZIP: Carlsbad, CA 92008 TELEPHONE: 760 929-2701 ---------------------------EMAIL ADDRESS: SIGNATURE DATE APPLICANT NAME (Print): LC Oaks 3-3 North LLC MAILING ADDRESS: 4747 Moreno Blvd, Ste 100 CITY, STATE, ZIP: San Diego, CA 92117 TELEPHONE: 858 490-2300 ---------------------------EMAIL ADDRESS: DATE APPLICANT'S REPRESENTATIVE (Print): Jack Henthorn & Associates -------------------------------------------------------MAILING ADDRESS: PO Box 237 -----------------------------------------------------------------CITY, STATE, ZIP: Carlsbad, CA 92018 TELEPHONE: 760 438 4090 ---------------------------------------------------------------------EMAIL ADDRESS: I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE APPLICANT AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE DATE IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. INVE CONSENT TO ENTRY FOR THIS PURPOSE. NOTIC5. OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORbE 0 E TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE ' B ANY SUCCESSORS IN INTEREST. FOR CITY USE ONLY P-1 Page 2 of 5 D FEB 1 6 2010 CITY OF CARLSBAD PLANNING DEPT DATE STAMP APPLICATION RECEIVED RECEIVED BY: 1 az Revised 01/10 l ' • • • • . --. Cit~ of Carlsbad Mill@lliillitii•M•i'i'l"illl DISCLOSURE STATEMENT !Applicant's statement or disclosure of certain ownership interests on all applications which will require ~iscretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this infonnation is completed. Please print. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ~ persons having a fmancial interest in the application. If the applicant includes a comoration or partnership, include the names, title, addresses of all individuals owning more than I 0% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- APPLICJ\,BLE (N/A) IN THE SPACE BELOW. If a publicly-owned comoration, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Pe~on ______________________ __ Title------------ Address __________ _ 2. OWNER (Not the owner's agent) Corp/Part LC Oaks 3.3. LLC Title _____________ _ Address 4747 Morena Blvd. Ste 100 San Diego. CA 92117 Provide the COMPLETE. LEGAL names and addresses of~ persons having any ownership interest in the property involved. Also, provide the nature of the legal owne~bip (i.e, partne~bip, tenants in common, non-profit, corporation, etc.). If the ownership includes a comoration or partnmhip, include the names, titles, addresses of all individuals owning more than l~Yo of the shares. IF NO INDIVIDUALS OWN MORE 'I'HAN 10% OF THE SHARES, PLEA E INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly- owned o o 'o include the names, titles, and addresses of the corporate officers. (A separate pa ed if necess L ?orp/Part Real Estate Collateral Management ~~~~y~~t~ ~C~om~c~a~nv~----------------- Tffie ____________________________ __ --·--r-·- 1635 Faraday Dr. • Carlsbad, CA 92009-15 6 • (760) 602-4600 • FAX {760) 602-8559 • www.cl.oariSbad.oa.us • • • • 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust. list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as a trustee or beneficiary of the. Non Profit/Trust Non Profit!frust _________ _ Title ___________ _ Title _____________ _ Address __________ _ Address ____________ _ 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? 0 Yes I:8J No lfyes,pleaseindicateperson(s):. ____________ _ OTE: Attach additional sheets if necessary. • ormation is true and correct to the best of my knowledge. Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5198 Page 2 of2 ~ «~~\ ~ CITY OF DISCLOSURE STATEMENT P-1(A) Deve/opmentt Services Planning Department · 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov CARLSBAD Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. 1. APPLICANT (Not the applicant's agent} Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Graeme Gabriel Corp/Part LC Oaks 3-3 North LLC co-Pres1dent and Title Cbi ef Qperati·ng OfficerTitle. _____________ _ Address 4747 Moreno Blvd,#lOO Address4747 Moreno Blvd, Ste 100 San Diego, CA 92117 San Diego, CA 92117 2. OWNER (Not the owner's agent} P-1(A) Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Fred M. Arbuckle Agent for RECM: Title Pres j dent Marrow ne:v Corp/Part Real Estate Management Title. ___ c_o_m_p_a_n_Y _______ _ Address 1903 Wright Place #180 Address 1903 Wright Place, ste 180 Carlsbad, CA 92008 Carlsbad, CA Page 1 of 2 Revised 04/09 • 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to ( 1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profitrrrust. _______ _ Non Profitffrust. _________ _ Title ___________ _ Title. _____________ _ Address __________ _ Address ____________ _ 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? D Yes [iJ No If yes, please indicate person(s): __________ _ NOTE: Attach additional sheets if necessary. above information is true and co~ Signature of applicant/date Graerne Gabriel Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent P-1(A) Page 2 of2 Revised 04/09 ('~~··· ... ~··· ··~ CITY OF CARLSBAD HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Development Services Planning Department 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): D The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. D The development project and any alternatives proposed in this application ~contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT Name: LC Oaks 3-3 North LLC Address: 4747 Moreno Blvd, Ste 100 San Diego, CA 92117 Phone Number: 858 490-2300 PROPERTY OWNER Name: Real Estate Collateral Management Company Address: J 903 Wrigbt Place, Ste 180 Carlsbad, CA 92008 Phone Number: 760 929 2701 Address of Site: __ N_o_t_A_s_s_i.....:g=-n_e_d__::.y_e_t __________________ _ LocaiAgency(CityandCounty): City of Carlsbad, County of San Die.go Assessor'sbook,page,andparcelnumber: 223-810-06 (por), 223-810-07 (Por) & 223-810-08 Specify list(s): _ __;N:.:../<....:.:A'---------------------------- Regulatory Identification Number: __ ....:N.:...</....:A:..::...._ __________________ _ Date of List: __ N.:..._/_A ___________ -.t---.;!r,.=-__;;:~----------- ~~u6 Applicant S1gnature/Da e ropertx Owner Sj~~\u;e/Q~te .. ~ ~i\L~ V)CAI . l),l..{../-f (2CCJVVl0 The Hazardous Waste and Substances Sites List ortese List) is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1(C) Page 1 of 2 Revised 04/09 FEB. 9. 2010 10:25AM NO. 006 P. 1 CERTIFICATE The undersigned, being the President and Chief Operating Officer of CoiRich Residential, LLC, a Delaware limited liability company ("CRR"), hereby certifies that: 1. CRR is the Managing Member of LC Oaks 3.3 North, LLC, a Delaware limited liability company. 2. LC Oaks 3.3 North, LLC, Is acquiring the real property described in Exhibit A attached hereto by an Assignment from SARE Investments, LLC, a California limited liability company, of its interest as Buyer under that certain Purchase Agreement and Escrow Instructions with Real Estate Collateral Management Company, a California corporation, dated as of September 30, 2009. 3. The following individuals hold the offices in CRR set forth next to their respective names: Richard Gabriel Colin Seid Graeme Gabriel Danny Gabriel Barry Galgut Co-Chairman and Chief Executive Officer Co-Chairman and Chief Executive Officer President and Chief Operating Officer President and Chief Investment Officer Executive Vice President 4, Pursuant to Sections 6.09 and 6.10 of the Umited Liability Agreement of CRR, each of the Officers of CRR are authorized to take any and all action on behalf of CRR and its subsidiary entities. IN WITNESS WHEREOF, the undersigned has executed this certificate on February 9, 2010. d4:£L Graeme Gabriel President and Chief Operating Officer PROJECT DESCRIPTION/EXPLANATION PROJECTNAME: --------=L=a~C=o=st=a~O=~=s~N~o~rt~h~--N~ei~g~hb~o~m~o=o=d~3=.3~N~o~rt=h~------- APPLICANT NAME: LC Oaks 3-3 North LLC Please describe fully the proposed project by application type. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: LC Oaks 3-3 North LLC is requesting the approval of a Major Planned Unit Development Amendment for The Villages of La Costa, O~s North Village, Neighborhood 3.3 North located generally West of Sitio Corazon, east of HCP open space Neighborhood 3.A, between Avenida Soledad and San Elijo Road. The proposed project includes the plotting and architecture of 67 Single Family Detached Homes. The proposed homes will consist of four (4) floor plans ranging in size from approximately 2379 to 2907 square feet. Each floor plan type will have three (3) distinct elevation styles. Plan 1 -Approximately 2709 sq. ft. Elevation Styles -Spanish Colonial Italian/Tuscan Santa Barbara Mediterranean Plan lx-Approximately 2907 sq.ft. Elevation Styles -Spanish Colonial Italian/Tuscan Santa Barbara Mediterranean Plan 2-Approximately 2379 sq. ft. Elevation Styles -Spanish Colonial Italian/Tuscan Santa Barbara Mediterranean Plan 3-Approximately 2462 sq. ft. Elevation Styles -Spanish Colonial Italian/Tuscan Santa Barbara Mediterranean To further create a sense of diversity throughout the community, professionally designed color schemes have been created for each architectural style. Included with the application package are the color and material boards for each color scheme. There are currently 3 color schemes proposed for each architectural style proposed for a total of 27 (27) color schemes. • PLEASE NOTE: Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the city. The City has 30 calendar days from the date of application submittal to determine L whether an application is complete or incomplete. within 30 days of submittal 'i!.-..or this application you will receive a letter stating 'whether this application is complete or incomplete. If it is incomplete, the letter will state what is needed to make this appli ation complete. when the application is complete, the .,. ·····processing period will tat upon the dat of the completion letter. Applicant Signature: staff signature: Date: • • ~-/~-I 0 To be stapled with receipt to application copy for file ,------------------ February 11, 2010 Planning Department City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 J. Henthorn & Associat~ P.O. Box 237 Carlsbad, California 92018-0237 (760) 438-4090 Fax (760) 438-0981 Subject: Villages of La Costa Oaks North, Neighborhood 3.3 North-Major Planned Unit Development Plan Amendment, PUD 05-12(B), Submittal Package Dear Planner: Enclosed please find the application for a Major Planned Unit Development Permit Amendment for the development of 67 single family detached homes within the northern portion ofNeighborhood 3.3 of the La Costa Oaks Village of the Villages of La Costa Master Plan. Neighborhood 3.3 North is located generally West ofSitio Corazon, east ofHCP open space Neighborhood 3.A, between Avenida Soledad and San Elijo Road. On September 26, 2006, the tentative map, CT 05-15, and Planned Unit Development Permit, PUD 05-12, for Neighborhood 3.3 were approved by the City Council creating 120 single-family lots. The enclosed application is only for the review and approval of the proposed architecture and plotting of the northern 67 units within the subject neighborhood pursuant to Section 7.2.7 of the Villages of La Costa Master Plan. The remaining residential units were approved by separate Major Planned Development Permit Amendment. PUD 15(A). As shown on the enclosed plan sets, the proposed homes consist of three (3) floor plans ranging in size from approximately 2379 to 2907 square feet. All plan types are proposed as two-story units. To address the difficult to plot lots, the applicant is proposing a slightly modified Plan 1 that is labeled as a Plan 1 X. There are a total of three (3) different architectural styles proposed for this neighborhood, which include Spanish Colonial, Santa Barbara Mediterranean and Italian/Tuscan. Each floor plan type will utilize all three (3) of the elevation styles. The changes associated with the 1X plan type are minimal and the plan is only plotted eleven (11) times within the development, the plan is offered in all three architectural styles. To further create a sense of diversity throughout the community, professionally designed color schemes have been created for each lot. Each unit plotted on the enclosed site plan includes an elevation type along with its associated color scheme designation. There are a total of nine (9) proposed color schemes for this neighborhood as shown on the enclosed color and material boards. 5927 Balfour Court, Ste. 112 • Carlsbad, ck 92008 • Included within the application package are several tables and exhibits that supplement the large-scale plans, which illustrate how the proposed project complies with the various standards and guidelines set forth in the Villages of La Costa Master Plan. We have included 7 sets of the site plan and architectural plans for your review along with all the supporting documentation. This documentation includes all the required executed applications, updated preliminary title report, project description, location map, reference drawings for engineering, sewer and water lateral exhibit for engineering, color and material boards and the early noticing package. Vallecitos Water District has provided a proof of service availability letter and DWG Nos. 429-7 and 446-5 showing approved water and sewer improvements associated with the subject proposal are included. The proposed residential project does not constitute any significant impacts on the environment that were not previously examined and evaluated in the Final Program Environmental Impact Report (FPEIR) for the Villages of La Costa Master Plan (2000) MP 98- 01, certified by the City Council on October 23, 2001. A~ a result, the Environmental Impact Assessment Part 1 form has not been included within the e1 'closed submittal package. As the subject residential project was analyzed under the Villages of La Costa Master Plan (2000) MP 98-01, the environmental analysis required by the California Environmental Quality Act has been satisfied through the prior Certified FPEIR. No material change in the project, significant changed circumstances or material new facts have been identified which would require any further supplemental or subsequent environmental impact reports as the Certified FPEIR evaluated the range of potential impacts for the entire Master Plan project and the City adopted the required Mitigation Monitoring and Reporting Program to assure all impact mitigations will be implemented. If you have any questions or need any additional information, please feel free to call me at (760) 438-4090 extension 225 or e-mail me at henthom@jhenthom.com. Sincerely, encl. Submittal Package cc: Teri Shusterman, LC Oaks 3.3, LLC Fred Arbuckle, Morrow Development Marybeth Murray, Hunsaker & Associates Debra Palese, Woodley Architectural Group, Inc. file -2- JHAJJHNLC N. 3.3 No. GEOCON INCORPORATED Project No. 06105-52-24 February 3, 2010 ColRich 4747 Morena Boulevard, Suite 100 San Diego, California 92117 Attention: Ms. Teri Shusterman Subject: THE OAKS NORTH NEIGHBORHOOD 3.3 NORTH CARLSBAD, CALIFORNIA DRAINAGE SWALES Dear Ms. Shusterman: • GEOTECHNICAL CONSULTANTS In accordance with your request, this letter has been prepared to provide our opinion regarding the precise grading of sideyard swales along residential units within the subject development. If drainage swales are planned for a location within 5 feet from the structure perimeter, the footings should be deepened to accommodate minimum foundation embedment. We recommend that the location of the deepened footing be shown on the plot plans. We understand that Geocon Incorporated will be provided copies of the plot plans and will observe in the field that the deepened footings are properly excavated during the foundation excavation observation. Should you have any questions regarding this letter, or if we may be of further service, please contact the undersigned at your convenience. Very truly yours, AS:dmc (2) (2/del) CORPORA TED Addressee Hunsaker & Associates Attention: Ms. Marybeth Murray 6960 Flanders Drive • San Diego, California 92121-297 4 • Telephone (858) 558-6900 • Fax (858) 558-6159 • e • Chicago Title Company Builders Services Division 2365 Northside Drive, Suite 500, San Diego, CA 92108 (619) 521-3400 Title Department: Chicago Title Company Attn: Tom Votel/Ken Cyr Email: votelt@ctt.com & cyrk@ctt.com Phone: (619) 521-3673 Fax: (619) 521-3608 Order No.: 73014830-U50 PRELIMINARY REPORT Property Address: Oaks 3.3 North Dated as of: September 4, 2009 at 7:30 am In response to the application for a policy of title insurance referenced herein, Chicago Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said Policy forms. The printed Exceptions and Exclusion from the coverage and Limitations on Covered Risks of said Policy or Policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that se forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. The policy(s) oftitle insurance to be issued hereunder will be policy(s) of Chicago Title Insurance Company Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should he carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. AMERICAN LAND TITLE ASSOCIATION EXTENDED COVERAGE OWNERS POLICY CLTA Preliminary Report Form-Modified (11-17-06) Page I .Order No.: 73014830-USO SCHEDULE A 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A Fee 2. Title to said estate or interest at the date hereof is vested in: ~ Collateral Management Company, a Delaware corporation 3. The land referred to in this report is situated in the State of California, County of San Diego and is described in the Legal Description, attached hereto: END OF SCHEDULE A CLTA Preliminary Report Form-Modified (11-17-06) Page2 • Order No.: 73014830-050 LEGAL DESCRIPTION Lots 1 through 18 inclusive, Lots 36 through 79 inclusive, and Lots 116 through 120 inclusive, of City of Carlsbad Tract No. 05-15, La Costa Oaks North Neighborhood 3.3, in City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 15596, filed in the Office of the County Recorder of San Diego County, August 22,2007. END OF LEGAL DESCRIPTION CLTA Preliminary Report Form-Modified (11-17-06) Page 3 e Order No.: 73014830-USO SCHEDULEB At the date hereof, items to be considered and exceptions to coverage m addition to the printed Exceptions and Exclusions in said policy form would be as follows: 1. Property taxes, including any assessments collected with taxes, for the fiscal year 2009 -2010 that are a lien not yet due. 2. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Part 0.5, Chapter 3.5 or Part 2, Chapter 3, Articles 3 and 4 respectively (commencing with Section 75) of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A; or as a result of changes in ownership or new construction occurring prior to date of policy. 3. A Deed of Trust to secure an indebtedness in the original amount shown below. Amount: Dated: Trustor: Trustee: Beneficiary: Loan Number: Recorded: Affects: ~,000,.000.00 ' November 5, 1988 Fieldstone-La Costa Associates Limited Partnership, a California limited partnership First American Title Insurance Company Continental Illinois National Bank and Trust Company of Chicago, a national banking association Not shown November 17, 1988 as Instrument No. 88-592631, of Official Records The herein described land and other land. An Agreement to modify the terms and provisions of said Deed of Trust as therein provided. Executed by: Recorded: Continental Bank, N.A., a national banking association and Fieldstone/La Costa Associates Limited Partnership, a California limited partnership Februaty 19, 1992 as Instrument No. 1992-0087549, of Official Records Assignment and assumption of Deed of Trust and other Loan documents As Assignee: HFC Commercial Realty, Inc., a Delaware corporation Recorded: December 6, 1999 as Instrument No. 99-794424, of Official Records A Substitution of Trustee under said Deed of Trust which names the substituted Trustee, the following Trustee: Chicago Title Company, a California corporation Recorded: April13, 2007 as Instrument No. 2007-0250429, of Official Records CLTA Preliminary Report Form-Modified (11-17-06) Page 4 SCHEDULER (continued) -Order No.: 73014830-USO 4. A document entitled "1996 Rancho Santa Fe Road Agreement", dated, February 3, 1997, executed by City of Carlsbad and Real Esate Collateral Management Company, subject to all the terms, provisions and conditions therein contained, recorded March 20, 1998 as Instrument No. 1998-0152405, of Official Records. 5. A document entitled "1996 Parks Agreement", dated, February 3, 1997, executed by the City Carlsbad, a municipal corporation of the State of California ("City") and Real Estate Collateral Management Company, a Delaware corporation, subject to all the terms, provisions and conditions therein contained, recorded March 20, 1998 as Instrument No. 1998-0152412, of Official Records. 6. A document entitled "Petition, Waiver and Consent to Creation of a Community Facilities District and Agreement to pay Fair Share", dated, February 7, 2002, executed by Real Estate Collateral Management Company, a Delaware corporation and City Carlsbad, subject to all the terms, provisions and conditions therein contained, recorded February 27, 2002 as Instrument No. 2002 as lnstrumentNo. 2002-0164835, ofOfficial Records. 7. A document entitled "Notice of Restriction on Real Property", executed by the City of Carlsbad and Real Estate Collateral Management Company, subject to all the terms, provisions and conditions therein contained, recorded August 19, 2004 as Instrument No. 2004-0788478, of Official Records. 8. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: San Diego Gas and Electric Company public utilities, ingress, egress April 19, 2005 as Instrument No. 2005-0320923, of Official Records The exact location and extent of said easement is not disclosed of record 9. A document entitled "Second Amended and Restated Affordable Housing Agreement Imposing Restrictions on Real Property", dated, March 1, 2006, executed by City of Carlsbad, a municipal corporation and Real Estate Collateral Management Company, a Delaware corporation, subject to all the terms, provisions and conditions therein contained, recorded March 27, 2006 as Instrument No. 2006-0210268, of Official Records. 10. A Notice of Restriction on Real Property, recorded April 18, 2006 as Instrument No. 2006- 0271050, ofOfficial Records. 11. A document entitled "Notice of Waiver Concerning Proximity of the Planned or Existing Rancho Santa Fe Road Transportation Corridor(s) Case No. CT 99-04/PUD 01-08/HDP 99- 02/SUP 01-03", dated, February 7, 2006, executed by Real Estate Collateral Management Company, subject to all the terms, provisions and conditions therein contained, recorded April 18, 2006 as Instrument No. 2006-0271051, of Official Records. 12. A document entitled "Hold Harmless Agreement Geological Failure", dated, March 28, 2006, executed by Real Estate Collateral Management Company, a Delaware corporation, in Favor of City Carlsbad, subject to all the terms, provisions and conditions therein contained, recorded September 15, 2006 as Instrument No. 2006-0658171, of Official Records. CLTA Preliminary Report Form-Modified (11-17-06) Page 5 SCHEDULED (continued) -Order No.: 73014830-050 13. A document entitled "Hold Harmless Agreement Drainage", dated, March 28, 2006, executed by Real Estate Collateral Management Company, a Delaware corporation, in Favor of City of Carlsbad, subject to all the terms, provisions and conditions therein contained, recorded September 15, 2006 as Instrument No. 2006-0658173, of Official Records. 14. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: San Diego Gas and Electric Company public utilities, ingress, egress February 22, 2007 as Instrument No. 2007-0119510, of Official Records The exact location and extent of said easement is not disclosed of record 15. The terms and provisions contained in the document entitled "Notice of Restriction on Real Property" recorded March 27,2007 as Instrument No. 2007-0205917, of Official Records. 16. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: Pacific Telephone and Telegraph Company public utilities, ingress, egress July 23, 2007 as Instrument No. 2007-0490068, of Official Records The exact location and extent of said easement is not disclosed of record 17. A document entitled "Hold Harmless Agreement Drainage", dated, June 7, 2007, executed by City Carlsbad and Real Estate Collateral Management Company, subject to all the terms, provisions and conditions therein contained, recorded August l, 2007 as Instrument No. 2007-0514837, of Official Records. 18. A document entitled "Hold Harmless Agreement Geological Failure", dated, June 7, 2007, executed by City of Carlsbad and Real Estate Collateral Management Company, subject to all the terms, provisions and conditions therein contained, recorded August 1, 2007 as Instrument No. 2007-051483 8, of Official Records. CLTA Preliminary Report Form-Modified (11-17-06) Page 6 SCHEDULEB (continued) e Order No.: 73014830-050 19. The fact that the ownership of said land does not include rights of access to or from the street, highway, or freeway abutting said land, such rights having been relinquished by the Map of said Tract 15596 Affects: Sitio Caliente, adjacent to Lots 3 7 & 44; Sitio Corazon, adjacent to Lot 49; Corte Altura, adjacent to Lots 63 & 71; and Avenida Soledad, adjacent to Lot 1 Said land, however, abuts upon a public thoroughfare other than the road referred to above, over which rights of vehicular ingress and egress have not been relinquished. 20. The terms and provisions contained in the document entitled "Notice of Restriction on Real Property" recorded September 9, 2008 as Instrument No. 2008-0480407, of Official Records. CLTA Preliminary Report Form-Modified (11-17-06) Page 7 SCHEDULED (continued) -OrderNo.: 73014830-USO 21. Covenants, conditions and restrictions ("but omitting, except to the extent that said covenant or restriction is controlled or permitted by any applicable federal or state law, any covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, medical condition, national origin, source of income, or ancestry" as set forth in the document Recorded: June 27, 2003 as Instrument No. 2003-0765993 and re-recorded September 30, 2003 as Instrument No. 2003-1200575 of Official Records Note: Section 12956.1 ofthe government code provides the following: "If this document contains any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to section 12956.2 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status." Note: If you should request a copy of the document referred to above, California Law requires that a county recorder, title insurance company, escrow company, real Estate broker, real Estate agent, or association that provides a copy of a declaration, governing document, or deed to any person shall place a cover Page over, or stamp on the first Page of the previously recorded document or documents a statement, in at least 14-point boldface type, relating to unlawful restrictions. The provisions of said covenants, conditions and restrictions were extended to include the herein described land by an instrument Recorded: END OF SCHEDULE B November 4, 2008 as Instrument No. 2008-0577486 of Official Records CLTA Preliminary Report Form-Modified (11-17-06) Page 8 e Order No.: 73014830-050 INFORMATIONAL NOTES Note No. 1: The policy of title insurance will include an arbitration provision. The Company or the insured may demand arbitration. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your Title Insurance coverage. Note No. 2: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the amount, if any, set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. GP ATTACHMENT ONE PRIVACY STATEMENT IMPORT ANT INFORMATION: For those of you receiving this report by electronic delivery the Privacy Statement and Exclusions From Coverage are linked to this report. Please review this information by selecting the link. For those of you who are receiving a hard copy of this report, a copy of this information has been submitted for your review. CLTA Preliminary Report Form-Modified (11-17-06) Page9 e e CHICAGO TITLE INSURANCE COMPANY Fidelity National Financial Group of Companies' Privacy Statement July 1, 2001 We recognize and respect the privacy of today's consumers and the requirements of applicable federal and state privacy laws. We believe that making you aware of how we use your non-public personal information ("Personal Information"), and to whom it is disclosed, will form the basis for a relationship of trust between us and the public that we serve. This Privacy Statement provides that explanation. We reserve the right to change this Privacy Statement from time to time consistent with applicable privacy laws. In the course of our business, we may collect Personal Information about you from the following sources: • From applications or other forms we receive from you or your authorized representative; • From your transactions with, or from the services being performed by, us, our affiliates or others; • From our Internet web sites; • From the public records maintained by government entities that we wither obtain directly from those entities, or from our affiliates or others; and • From consumer or other reporting agencies Our Policies Regarding The Protection Of The Confidentiality And Security Of Your Personal Information We maintain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized access or intrusion. We limit access to the Personal Information only to those employees who need such access in connection with providing products or services to you or for other legitimate business purposes. Our Policies and Practices Regarding the Sharing of Your Personal Information We may share your Personal Information with our affiliates, such as insurance companies, agents, and other real estate settlement service providers. We may also disclose your Personal Information: • to agents, brokers or representatives to provide you with services you have requested; • to third-party contractors or service providers who provide services or perform marketing or other functions on our behalf; and • to others with whom we enter into joint marketing agreements for products or services that we believe you may find of interest. In addition, we will disclose your Personal Information when your direct or give us permission, when we are required by law to do so, or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. One of the important responsibilities of some of our affiliated companies is to record documents in the public domain. Such documents may contain your Personal Information. Right To Access Your Personal Information And Ability To Correct Errors Or Request Change Or Deletion Certain states afford you the right to access your Personal Information and, under certain circumstances, to find out to whom your Personal Information has been disclosed. Also, certain states afford you the right to request correction, amendment or deletion of your Personal Information. We reserve the right, where permitted by law, to charge a reasonable fee to cover the costs incurred in responding to such requests. All requests must be made in writing to the following address: Multiple Products or Services: Privacy Compliance Officer Fidelity National Financial, Inc. 601 Riverside Drive Jacksonville, FL 32204 If we provide you with more than one financial product or service, you may receive more that one privacy notice from us. We apologize for any inconvenience this may cause you. Privacy Statement (10-21-03) ATTACHMENT ONE AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: I. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also Jaws and regulations concerning: land use improvements on the land land division environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condenming it, unless: a notice of exercising the right appears in the public records on the Policy Date the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking 3. 4. 5. Title Risks: that are created, allowed, or agreed to by you that are known to you, but not to us, on the Policy Date -unless they appeared in the public records that result in no loss to you that first affect your title after the Policy Date-this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks Failure to pay value for your title. Lack of a right: to any land outside the area specifically described and referred to in Item 3 of Schedule A OR in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. In addition to the Exclusions you are not insured against loss, costs, attorneys' fees, and the expenses resulting from: I. Any right, interests, or claims of parties in possession of the land not 3. Any facts about the land which a correct survey would disclose and 2. shown by the public records. which are not shown by the public records. This does not limit the Any easements or liens not shown by the public records. This does not limit the lien coverage in Item 8 of Covered Title Risks. 4. forced removal coverage in Item 12 of Covered Title Risks. Any water rights or claims or title to water in or under the land, whether or not shown by the public records. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; I. 2. 3. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. Defects, liens, encumbrances, adverse claims or other matters: 4. 5. 6. (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. SCHEDULE B, PART I EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: I. 2. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. Attachment One (11-17 -06) 3. 4. 5. Page 11 Easements, liens or encumbrances, or claims thereof which are not shown by the public records. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. ATTACHMENT ONE (CONTINUED) AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT-FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: I. (a) Any law, ordinance or governmental regulation (including but not 2. 3. limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of tbe exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at bate of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien ofthe insured mortgage over any statutory lien for services, labor or material or 4. 5. 6. 7. to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. Unenforceability of tbe lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. Any claim, which arises out of the transaction creating the interest of tbe mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, tbat is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine or equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: I. 2. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. 4. 5. Easements, liens or encumbrances, or claims thereof, which are not shown by tbe public records. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance tbereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: I. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) tbe subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit tbe coverage provided under Covered Risk 5. Attachment One (11-17-06) 2. 3. Page 12 (b) Any governmental police power. This Exclusion I (b) does not modify or limit the coverage provided under Covered Risk 6. Rights of eminent domain. This Exclusion does not modify or limit tbe coverage provided under Covered Risk 7 or 8. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by tbe Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under Ibis policy; (c) resulting in no loss or damage to tbe Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, Ibis does not modify or limit the coverage provided under Covered Risk II, 13, or 14); or ATTACHMENT ONE (CONTINUED) 4. 5. (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing- business laws ofthe state where the Land is situated. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. 7. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk II (b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: I. 2. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) Proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. 4. 5. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. 4. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage Policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: I. 2. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. Attachment One ( 11-17 -06) Page 13 3. 4. 5. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. ATTACHMENT ONE (CONTINUED) 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: I. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to 2. 3. (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion I (b) does not modify or limit the coverage provided under Covered Risk 6. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; 4. 5. (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: I. 2. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. Any facts, rights, interests, or claims that are not shown in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. 4. 5. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and that are not shown by the Public Records. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-22-03) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-22-03) EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: I. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning: a. building b. zoning c. Land use d. improvements on the Land e. Land division f environmental protection This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date. This Exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. 3. The right to take the Land by condemning it, unless: Attachment One (11-17-06) Page 14 4. a. a notice of exercising the right appears in the Public Records at the Policy Date; or b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking. Risks: a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.d, 22, 23, 24 or 25. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk II or 18. . . ATTACHMENT ONE (CONTINUED) • LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: For Covered Risk 14, 15, 16 and 18, Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Covered Risk 14: Your Deductible Amount 1.00% of Policy Amount or $ 2 500.00 (whichever is less) Our Maximum Dollar Limit of Liability $ 10 000.00 Covered Risk 15: 1.00% of Policy Amount or $ 5 000.00 (whichever is less) Covered Risk 16: 1.00% of Policy Amount or $ 5 000.00 (whichever is less) $25 000.00 Covered Risk 18: .L.QQ% of Policy Amount or $ 2 500.00 (whichever is less) ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys fees or expenses which arise by reason of: l. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the Land; (iii) a separation in ownership or a change in the dimensions or areas of the Land or any parcel of which the Land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that s notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the Land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14, and 16 of this policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the Land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14, and 16 of this policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the Public Records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without Knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting In no loss or damage to the Insured Claimant; Attachment One (11-17-06) Page 15 (d) attaching or created subsequent to Date of Policy (this paragraph does not limit the coverage provided under Covered Risks 8, 16, 18, 19, 20, 21, 22, 23, 24, 25 and 26); or (e) resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of the Insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the Land is situated. 5. Invalidity or unenforceability of the lien of the Insured Mortgage, or claim thereof, which arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, except as provided in Covered Risk 27, or any consumer credit protection or truth in lending law. 6. Real property taxes or assessments of any governmental authority which become a lien on the Land subsequent to Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 7, 8(e) and 26. 7. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This exclusion does not limit the coverage provided in Covered Risk 8. 8. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and all interest charged thereon, over liens, encumbrances and other matters affecting the title, the existence of which are Known to the Insured at: (a) The time of the advance; or (b) The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged, if the rate of Interest is greater as a result of the modification than it would have been before the modification. This exclusion does not limit the coverage provided in Covered Risk 8. 9. The failure of the residential structure, or any portion thereof to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at Date of Policy. ~r-------------------------~~----------------------------- & ~ CITY OF CARLSBAD INSTRUCTIONS: STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Engineering Department 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov To address post-development pollutants that may be generated from development projects, the City requires that new development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management Practices (BMP's) into the project design per the City's Standard Urban Stormwater Management Plan (SUSMP). Initially this questionnaire must be completed by the applicant in advance of submitting for a development application (subdivision, discretionary permits and/or construction permits). The results of the questionnaire determine the level of storm water standards that must be applied to a proposed developmen.t or redevelopment project. Depending on the outcome, your project will either be subject to 'Standard Stormwater Requirements' or be subject additional criteria called 'Priority Development Project Requirements'. Many aspects of project site design are dependent upon the storm water standards applied to a project. Applicant responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts. City staff has responsibility for making the final assessment after submission of the development application. If staff determines that the questionnaire was incorrectly filled out and is subject to more stringent storm water standards than initially assessed by the applicant, this will result in the return of the development application as incomplete. In this case, please make the changes to the questionnaire and resubmit to the City. If applicants are unsure about the meaning of a question or need help in determining how to respond to one or more of the questions, they are advised to seek assistance from Land Development Engineering staff. A separate completed and signed questionnaire must be submitted for each new development application submission. Only one completed and signed questionnaire is required when multiple development applications for the same project are submitted concurrently. In addition to this questionnaire, applicants for construction permits must also complete, sign and submit a Project Threat Assessment Form to address construction aspects of the project. Please answer the questions below, follow the instructions and sign the form at the end. I 1. Is your project a significant redevelopment? DEFINITION: Significant redevelopment is defined as the creation, addition or replar;ement of at least 5,000 square feet of impervious surface on an already existing developed site. Significant redevelopment includes, but is not limited to: the expansion of a building footprint; addition to or replacement of a structure; structural develqpment including an increase in gross floor area and/or exterior construction remodeling; replacement of an impervious surface that is not part of a routine maintenance activity; and land disturbing activities related with structural or impervious surfaces. Replacement of impervious surfaces includes any activity that is not part of a routine maintenance activity where impervious material(s) are removed, exposing underlying soil during construction. If your project IS considered significant redevelopment, then please skip Section 1 and proceed with Section 2. If your project IS NOT considered significant redevelopment, then please proceed to Section 1. E-34 Page 1 of3 REV 3123110 ... «~ ~ CITY OF CARLSBAD STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Engineering Department 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov !SECTION 1 NEW DEVELOPMENT PRIORITY PROJECT TYPE YES NO Does you project meet one or more of the following criteria: 1. Housing subdivisions of 10 or more dwelling units. Examples: single family homes, multi-family homes, ' condominium and apartments V" 2. Commercial-greater than 1-acre. Any development other than heavy industry or residential. Examples: hospitals; laboratories and other medical facilities; educational institutions; recreational facilities; municipal facilities; commercial v nurseries; multi-apartment buildings; car wash facilities; mini-malls and other business complexes; shopping malls; hotels; office buildings; public warehouses; automotive dealerships; airfields; and other light industrial facilities. 3. Heavy Industrial I Industry-greater than 1 acre. Examples: manufacturing plants, food processing plants, metal / working facilities, printing plants, and fleet storage areas (bus, truck, etc.). 4. Automotive reoair shop. A facility categorized in any one of Standard Industrial Classification (SIC) codes 5013, ( 5014, 5541, 7532-7534, and 7536-7539 5. Restaurants. Any facility that sells prepared foods and drinks for consumption, including stationary lunch counters / and refreshment stands selling prepared foods and drinks for immediate consumption (SIC code 5812), where the land area for development is greater than 5,000 square feet. Restaurants where land development is less than 5,000 square feet shall meet all SUSMP requirements except for structural treatment BMP and numeric sizing criteria requirements and hydromodification requirements. 6. Hillside development. Any development that creates 5,000 square feet of impervious surface and is located in an / area with known erosive soil conditions, where the development will grade on any natural slope that is twenty-five percent (25%) or greater. 7. Environmentally Sensitive Area fESAt All development located within or directly adjacent2 to or discharging directly3 to an ESA (where discharges from the development or redevelopment will enter receiving waters within the / ESA), which either creates 2,500 square feet of impervious surface on a proposed project site or increases the area of imperviousness of a proposed proiect site to 1 0% or more of its naturally occurring condition. 8. Parking lot. Area of 5,000 square feet or more, or with 15 or more parking spaces, and potentially exposed to urban ("' runoff 9. Streets. roads, highways. and freeways. Any paved surface that is 5,000 square feet or greater used for the / transportation of automobiles, trucks, motorcycles, and other vehicles 10. Retail Gasoline Outlets. Serving more than 100 vehicles per day and greater than 5,000 square feet /'__ 11. Coastal Development Zone. Any project located within 200 feet of the Pacific Ocean and (1) creates more than .v 2500 square feet of impermeable surface or (2) increases impermeable surface on property by more than 10%. 12. More than 1-acre of disturbance. Project results in the disturbance of more than 1-acre or more of land and is / considered a Pollutant-generating Development Project4• .. 1 Environmentally Sens1t1ve Areas Include but are not limited to all Clean Water Act Sect10n 303(d) 1mpa1red water bodies, areas deSignated as Areas of Special Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water bodies designated with tha·RARE beneficial use by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); areas designated as preserves or their equivalent under the Multi Species Conservation Program within the Cities and County of San Diego; and any other equivalent environmentally sensitive areas which have been identified by the Copermittees. 2 "Directly adjacent" means situated within 200 feet of the Environmentally Sensitive Area. 3 "Discharging directly to• means outflow from a drainage conveyance system that is composed entirely of flows from the subject development or ~edevelopment site, and not commingled with flow from adjacent lands. 4 Pollutant-generating Development Projects are those projects that generate pollutants at levels greater than background levels. In ger~eral, these include ali projects that contribute to an exceedance to an impaired water body or which create new impervious surfaces greater than 5000 square feet and/or introduce rii!W landscaping areas that require routine use of fertilizers and pesticides. In most cases linear pathway projects that are for infrequent vehicle use, such as emergency or maintenance access. or for pedestrian or bicycle use, are not considered Pollutant-generating Development Projects if they are built with pervious surfaces or if they sheet flow to surroundin ervious surfaces. Section 1 Results: .If you answered YES to ANY of the questions above your project is subject to Priority Development Project requirements. Please check the "meets PRIORITY DEVELOPMENT PROJECT requirements" box in Section 3. A Storm Water Management Plan, prepared in accordance with City Storm Water Standards, must be submitted at time of application. If you answered NO to ALL of the questions above, then your project is subject to Standard Stormwater Requirements. Please check the "does not meet PDP requirements• box in Section 3. E-34 Page 2 of3 REV 3123/10 \ .. r----------------------------------------------------e «~ ~ CITY OF CARLSBAD STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Engineering Department 1635 Faraday Avenue 760-602-2750 www.carlsbadca .gov SECTION2 SIGNIFICANT REDEVELOPMENT Complete the questions below regarding your redevelopment project: YES NO 1. Project results in the disturbance of more than 1-acre or more of land and is considered a Pollutant-generating v Development Project (see definition in Section 1 ). · If you answered NO, please proceed to question 2. If you answered YES, then you ARE a significant redevelopment and you ARE subject to PRIORITY DEVELOPMENT PROJECT requirements. Please check the "meets PRIORITY DEVELOPMENT PROJECT requirements" box in Section 3 below. 2. Is the project redeveloping an existing priority project type? (Priority projects are defined in Section 1) v If you answered YES, please proceed to question 3. If you answered NO, then you ARE NOT a significant redevelopment and your project is subject to STANDARD STORMWATER REQUIREMENTS. Please check the "does not meet PDP requirements" box in Section 3 below. 3. Is the project solely limited to just one of the following: V"' a. Trenching and resurfacing associated with utility work? ,._,.A b. Resurfacing and reconfiguring existing surface parking lots? v c. New sidewalk construction, pedestrian ramps, or bike lane on public and/or private existing roads? / d. Replacement of existing damaged pavement? v If you answered NO to ALL of the questions, then proceed to question 4. If you answered YES to ANY of the questions then you ARE NOT a significant redevelopment and your project is subject to Standard Stormwater Requirements. Please check the "does not meet PDP requirements" box in Section 3 below. 4. Will your redevelopment project create, replace, or add at least 5,000 square feet of impervious surfaces on an existing v development or, be located within 200 feet of the Pacific Ocean and (1 )create more than 2500 square feet of impermeable surface or (2) increases impermeable surface on the prop_e_rty by more than 10%? If you answered YES, you ARE a significant redevelopment, and you ARE subject to PRIORITY DEVELOPMENT PROJECT requirements. Please check the "meets PRIORITY DEVELOPMENT PROJECT requirements" box in Section 3 below. If you answered NO, then you ARE NOT a significant redevelopment and your project is subject to STANDARD STORMWATER REQUIREMENTS. Please check the "does not meet PDP requirements" box in Section 3 below. I SECTION 3 Questionnaire Results: 0 My project meets PRIORITY DEVELOPMENT PROJECT (PDP) requirements and must comply with additional stormwater criteria per the SUSMP and must prepare a Storm Water Management Plan for submittal at time of application. My project does not meet PDP requirements and must only comply with STANDARD STORMWATER REQUIREMENTS per the SUSMP. Applicant Information and Signature Box This Box for Cly Use Only City Concurrence: I YES I NO I I By: Assessor's Parcel Number(s): t£-ut 2 (4 -aLl -01 Applicant Title: Date: ProjeciiD: E-34 Page 3 of3 REV 3123110 / • City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 1 ~~~~~~ ~~~ 111111~1 ~1111~ 1m 111111111111111m m 1111 Applicant: LC OAKS 3.3 NORTH LLC Description Amount PUD0512B 7,756.92 Receipt Number: R0078210 Transaction ID: R0078210 Transaction Date: 02/16/2010 Pay Type Method Description Amount Payment Check 7,756.92 Transaction Amount: 7,756.92 ~· '"' City of Carlsbad Faraday Center Faraday Cashiering 001 1004701-1 02/16/2010 32 Tue, Feb 16, 2010 02:00PM Receipt Ref Nbr: R1004701-1/0026 PERMITS -PERMITS Tran Ref Nbr: 100470101 0026 0031 Trans/Rcpt#: R0078210 SET #: PUD0512B Amount: Item Subtota 1 : Item Tot a 1: ITEM(S) TOTAL: Check (Chk# 000282595) Total Received: Have a nice day! 1 @ $7)56.92 $7,756.92 $7,'156.92 $7,756.92 $7,756.92 $7,756.92 **************CUSTOMER COPY************* State of California-The Resources Ag. •--~ARTMENT OF FISH AND GAME 2010 ENVIRONMENTAL FILING FEE CASH RECEIPT RECEIPT# SD2010 0879 SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEARLY LEAD AGENCY CITY OF CARLSBAD COUNTY/STATEAGENCY OF FILING SAN DIEGO PROJECT TITLE LA COSTA OAKS NORTH 3,3 PROJECT APPLICANT NAME LC OAKS 3,3 LLC PROJECT APPLICANT ADDRESS CITY STATE CLEARING HOUSE # (If applicable) 199901011023 DATE 09-17-2010 DOCUMENT NUMBER *20100228* PHONE NUMBER 858-490-2332 4747 MORENA BLVD, SUITE 100 SAN DIEGO STATE CA ZIP CODE 92117 PROJECT APPLICANT (Check appropriate box): 0 Local Public Agency 0 School District 0 Other Special District 0 State Agency 0 Private Entity CHECK APPLICABLE FEES: 0 Environmental Impact Report 0 Negative Declaration $2,792.25 $2,010.25 $ $0.00 $ 0 Application Fee Water Diversion (State Water Resources Control Board Only) $850.00 $ 0 Projects Subject to Certified Regulatory Programs 0 County Administrative Fee 0 Project that is exempt from fees 0 Notice of Exemption 0 DFG No Effect Determination (Form Attached) 0 Other ~------------------ PAYMENT METHOD: 0 Cash 0 Credit 0 Check 0 Other _____ _ SIGNATURE X REM: 10/11/01 CAC L Kesian $875.00 FOR EIR98007 ORIGINAL-PROJECT APPLICANT COPY-DFG/ASB CITY OF CARLS $949.50 $50.00 Community & Economic Development Department TOTAL RECEIVED $ $ $50.00 $ ______ _ $ $50.00 ------- 11111111111111111111111111111111111111111111111111 COPY-LEAD AGENCY COPY-COUNTY CLERK FG 753.5a (Rev. 7/08) State of California-The ResourceAncy DEPARTMENT OF FISH AN""'AME 1'0 ENVIRONMENTAL FILING FEE CASH RECEIPT SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEARLY LEAD AGENCY CITY OF CARLSBAD COUNTY/STATEAGENCY OF FILING SAN DIEGO PROJECT TITlE LA COSTA OAKS NORTH 3,3 PROJECT APPLICANT NAME LC OAKS 3,3 LLC PROJECT APPLICANT ADDRESS 4747 MORENA BLVD, SUITE 100 PROJECT APPLICANT (Check appropriate box): 0 Local Public Agency 0 School District CHECK APPLICABLE FEES: 0 Environmental Impact Report 0 Negative Declaration CITY SAN DIEGO 0 Other Special District 0 Application Fee Water Diversion (State Water Resources Control Board Only) 0 Projects Subject to Certified Regulatory Programs 0 County Administrative Fee 0 Project that is exempt from fees 0 Notice of Exemption 0 DFG No Effect Determination (Form Attached) 0 Other~~---------------- PAYMENT METHOD: 0 Cash 0 Credit 0 Check 0 Other _____ _ SIGNATURE X L= Kesian RECEIPT# SD2010 0879 STATE CLEARING HOUSE#(IfappficabteJ 199901011023 STATE CA 0 State Agency $2,792.25 $2,010.25 $850.00 $949.50 $50.00 $ $ $ $ $ DATE 09-17-2010 DOCUMENT NUMBER *20100228* PHONE NUMBER 858-490-2332 ZIP CODE 92117 Ill Private Entity $0.00 $50.00 $ ______ _ TOTALRECEIVED $ _____ $5_0_.0_0_ -"'' ·~-· . ........._~""""'-""~•·•--"'_,...._.w--~-~·~-----··-"----~-~-------~·-~--·· .~-<"~·----~·--·~~ .~_,__,,,.__ --~-,~-~·"-""_'_"~•-"-·--·----·---~~-·-·--~·----"'-" '-------~""""""~•~ "" ••V"• •• ' IREM: 10/11/01 ' lCAC i$875.00 FOR EIR98007 . ; 11111111111111111111111111111111111111111111111111 ORIGINAL-PROJECT APPLICANT COPY-DFG/ASB COPY· LEAD AGENCY COPY· COUNTY CLERK FG 753.5a (Rev. 7108) e J N6tice of Determination To: Office of Planning and Research PO Box 3044 Sacramento, CA 95812-3044 SD County Clerk From: CITY OF CARLSBAD Planning Division 1635 Faraday Avenue Carlsbad, CA 92008 (760) 602-4600 Attn: Linda Kesian [}t ~ tb ~ @ Mail Stop A-33 Davir;lButlor.&ecurd~r/ComltyClerk 1600 Pacific Highway San Diego, CA 9210 1 SEP ~:~~~\an ·1 0 0 2 2 B OEPtJTY Project No: PUD 05-12(B) Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. La Costa Oaks North 3.3 Project Title 199901011023 City of Carlsbad, Shelley Glennon (760) 602-4625 State Clearinghouse No. Lead Agency, Contact Person Telephone Number West of Rancho Santa Fe Road, south of Melrose Drive and north of Cadencia Street in the City of Carlsbad, County of San Diego. Project Locations (include County) Name of Applicant: LC Oaks 3.3, LLC Applicant's Address: 4747 Morena Boulevard, Suite 100 Applicant's Telephone Number: (858) 490-2332 Project Description: Request for a determination that the project is within the scope of the previously certified Villages of La Costa Program EIR (EIR 98-07) and that the Program EIR adequately describes the activity for the purposes of CEQA; and approval of a Planned Development Permit Amendment for building floor plans, elevations and plotting for 53 detached single-family homes within the Villages of La Costa Oaks North Neighborhood 3.3, within Local Facilities Management Zone 11. This is to advise that the City of Carlsbad has approved the above described project on September 14, 2010, and has made the following determination regarding the above described project. 1. The project will not have a significant effect on the environment 2. An Environmental Impact report was prepared for this project pursuant to the provisions of CEQ A. 3. Mitigation measures were made a condition of the approval ofthe project. 4. A mitigation reporting or monitoring plan was previously adopted for this project. 5. A statement of Overriding Considerations was previously adopted for this project. 6. Findings were made pursuant to the provisions of CEQ A. This is to certify that the final Villages of La Costa Program Em 98-07 with comments and responses and record of project approval is available to the General Public at THE CITY OF CARLSBAD. ~ ..... , ~ ILEDINTHEOFFICEOFTHECOUNTYCLERK 9-/0-Q DON NEU, Planning Director Date Date received for filing at OPR: Revised 06/ I 0 ,, ! ··-• .• City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 Receipt Appli·cant: MORROW DEVELOPMENT Description Amount EIR98007 875.00 Not valid unless val!dated by Cash Register PLEASE RETAIN RECEIPT FOR REFUNDS OR ADJUSTMENTS Receipt Number: R0023409 Transaction Date: 10/10/2001 1792 10/10/01 0002 01 02 . CGP 875.00 Pay Type Method Description Amount ----------------------------------------------Pa¥rnent Check 2370 875.00 Transaction Amount: 875.00 e David L. Butler • COUNTY OF SAN DIEGO ASSESSOR/RECORDER/COUNTY CLERK ASSESSOR'S OFFICE 1600 Pacific Highway, Suite 103 San Diego, CA 92101-2480 Tel. (619) 236-3771 *Fax (619) 557-4056 . www.sdarcc.com RECORDER/COUNTY CLERK'S OFFICE 1600 Pacific Highway, Suite 260 P.O. Box 121750 * San Diego, CA 92112-1750 Tel. (619)237-0502 *Fax (619)557-4155 Transaction#: 233689220100917 Deputy: LKESIAN Location: COUNTY ADMINISTRATION BUILDING 17-Sep-2010 14:26 FEES: 50.00 Qty of 1 Fish and Game Filing Fee for Ref# NOD: 879 ------ 50.00 TOTAL DUE PAYMENTS: 50.00 Check 50.00 TENDERED SERVICES AVAILABLE AT OFFICE LOCATIONS * Tax Bill Address Changes * Records and Certified Copies: Birth/ Marriage/ Death/ Real Estate * Fictitious Business Names (DBAs) * Marriage Licenses and Ceremonies * Assessor Parcel Maps * Property Ownership * Property Records * Property Values * Document Recordings SERVICES AVAILABLE ON-LINE AT www.sdarcc.com * Forms and Applications * Frequently Asked Questions (FAQs) * Grantor/ Grantee Index * Fictitious Business Names Index (DBAs) * Property Sales * On-Line Purchases Assessor Parcel Maps Property Characteristics Recorded Documents • This space is for thlounty Clerk's Filing Stamp PROOF OF PUBLICATION (2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of Proof of Publication of North County Ti PLAIIII& COMMISS!OI ML!C HWIIti NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the Planning Commission of the City I . . d Th I • ._,....,,.._.., of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, Formerly known as the B ade-Citlzen an E at 6:00p.m. on Wednesday, July 7, 2010, to consider the following: AdVOCate and WhiCh neWSpaperS haVE 1) PUD 05-12!8)-LA COSTA OAKS NORTH 3.3-Request for a determination that the project is within the scope of the previously • • certified Villages of La Costa Program EIR and that the Program EIR adequately describes the activity for the purposes of CEOA; and adjudicated newspapers of genera I Clrculatlor a recommendation of approval of a Planned Development Permit Amendment for building ftoor plans, elevations and plotting for the S . c rt f th c ty f San D'lego development of 67 single-family detached homes within the Villages of La Costa Oaks North, Neighborhood 3.3, generally located west U pe rl Or 0 U 0 e 0 U n 0 1 of Rancho Santa Fe Road, south of Melrose Drive and north of Cadencia Street in local Facilities Management Zone 11. California, for the City of Oceanside and the This project is within the scope o(Final Program EIR 98-07 and nofurtherCEOAcompliance is required. Escondido, Court Decree number 171349, <. County of San Diego, that the notice of w ~, -/ annexed is a printed copy (set in type not sma t:.jzj· nonpariel), has been published in each reg 1 entire issue of said newspaper and not supplement thereof on the following dates, to-· June 25th, 2010 I certify (or declare) under penalty of perjul) foregoing is true and correct. Dated at Escondido, California Jane Allshouse NORTH COUNTY TIMES Legal Advertising 2) GPA 04-03/GPA 09-07/ZC 09-08/SQP 09-05/ SUP 09-08/CUP 03-21 (A)ICUP 09-07/CUP 10-051V 10-01 -PALOMAR COMMONS- Request for the recommendation of adoption of a Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program and a recommendation of approval of a General Plan Amendment to establish a new General Plan Land Use designation of General Commercial (GC), a General Plan Amendment and a Zone Change and approval of a Site Development Plan, Special Use Permit, two Conditional Use Permits, one Conditional Use Permit Amendment, and a Variance for the development of a 16.99 acre site with a 186,044 square foot commercial center located at the southwest corner of Palomar Airport Road and El Camino Real in Local Facilities Management Zone 5. Mitigation measures have been incorporated into the design of the project or have been placed as conditions of approval for the project such that all potentially significant impacts have been mitigated to below a level of significance. I If you challenge these projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. Copies of the environmental documents are available at the Planning Department at 1635 Faraday Avenue during regular business hours from 7:30am to 5:30pm Monday through Thursday and 8:00am to 5:00pm Friday. Those persons wishing to speak on these proposals are cordially invited to attend the public hearing. Copies of the staff reports will be available online at http://www.carlsbadca.gov/odfdoc,html?pid 295 on or after the Friday prior to the hearing date. If you have any questions, please call the Planning Department at (760) 602-4600. PUBLISH: June 25,2010 CITY OF CARLSBAD PLANNING DIVISION NC·1122835 CITY OF CARLSBAD JUL 0 6 ZOlO Community & Economic Development Department ' _4f~_A. C I T Y 0 F ~FCARLSBAD FILE COPY UJ·~·/0 Planning Department www.carlsbadca.gov NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you that the Planning Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00p.m. on Wednesday, July 7, 2010, to consider a request for the following: CASE NAME: PUBLISH DATE: PUD 05-12(B)-La Costa Oaks North 3.3 June 25, 2010 DESCRIPTION: Request for a determination that the project is within the scope of the previously certified Villages of La Costa Program EIR and that the Program EIR adequately describes the activity for the purposes of CEQA; and a recommendation of approval of a Planned Development Permit Amendment for building floor plans, elevations and plotting for the development of 67 single-family detached homes within the Villages of La Costa Oaks North, Neighborhood 3.3, generally located west of Rancho Santa Fe Road, south of Melrose Drive and north of Cadencia Street in Local Facilities Management Zone 11. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing and provide the decision makers with any oral or written comments they may have regarding the project. Copies of the staff report will be available online at http://www.carlsbadca.gov/planning/pcvideo.html on or after the Friday prior to the hearing date. If you have any questions, or would like to be notified of the decision, please contact Shelley Glennon in the Planning Division at (760) 602-4625, Monday through Thursday 7:30 a.m. to 5:30p.m., Friday 8:00a.m. to 5:00p.m. at 1635 Faraday Avenue, Carlsbad, California 92008. APPEALS The time within which you may judicially challenge these projects, if approved, is established by State law and/or city ordinance, and is very short. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. o Appeals to the City Council: Where the decision is appealable to the City Council, appeals must be filed in writing within ten (10) calendar days after a decision by the Planning Commission. CITY OF CARLSBAD PLANNING DIVISION T (760) 602-4600 F (760) 602-8559 SAN ELIJO RD ~ a: • N NOT TO SCALE La Costa Oaks North 3.3 PUD 05-12(8) ~ !P It 0 -z. ' 4~_A CITY OF ~~'CARLSBAD • FILE COPY 3·_;) ·10 Planning Department www.carlsbadca.gov I EARLY PUBLIC NOTICE PROJECT NAME: La Costa Oaks North -Neighborhood 3.3 North PROJECT NUMBER: PUD 05-12(8) This early public notice is to let you know that a development application for a Planned Development Permit Amendment project within your neighborhood has been submitted to the City of Carlsbad on February 16, 2010. The project application is undergoing its initial review by the City. LOCATION: West of Rancho Santa Fe Road, south of Melrose Drive and north of Cadencia Street in Local Facilities Management Zone 11. PROJECT DESCRIPTION: Request for a recommendation of approval of a Planned Development Permit Amendment for building floor plans, elevations and plotting for the development of 67 single-family detached homes within the Villages of La Costa Oaks North, Neighborhood 3.3. Please keep in mind that this is an early public notice and that the project design could change as a result of further staff and public review. A future public hearing notice will be mailed to you when this project is scheduled for public hearing before the Planning Commission. CONTACT INFORMATION: If you have questions or comments regarding this proposed project please contact Shelley Glennon, Assistant Planner at Shelley.glennon@carlsbadca.gov, (760) 602-4625, City of Carlsbad Planning Department, 1635 Faraday Avenue, Carlsbad, CA 92008. T (760) 602-4600 F (760) 602-8559 I ® • ATIACHMENT "2" CERTIFICATION OF POSTING I certify that the "Notice of Project Application" has been posted at a conspicuous location on the site on 3/;3/JIJ (OAT PRINT NAME: ------=c.=---.. .....~...~~;........:.../7r)..c..;;....z..lt#'--"""<-.::._ PROJECT NAME: PROJECT NUMBER: N;4Jhbnhwcf 3, ~ No~ Pu o -os .1;;(6) LocATION: 2),w Co,NP~ 6:(; ~c&S~ d R~o Suf\-k ~~ · RETURNTO: 5~ G {~ (Planner) P-2f CITY OF CARLSBAD PLANNING DEPARTMENT 1635 Faraday Avenue Carlsbad, CA 92008-7314 Page 4 of6 Revised 11/09 ATTACHMENT "1" APPLICATION NAME AND NUMBER La Costa Oaks North, Neighborhood 3.3 North PUD 05-12(B) RECEIVED BY DATE: ____________________ _ P-21 Page3 of6 Revised 11/09 09 ® THIS MAP WAS PREPARED FOR ASSESSMENT PURPOSES ONLY. NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE DATA SHOWN. ASSESSOR'S PARCELS 70 MAY NOT COMPLY WITH LOCAL SUBDIVISION OR BUILDING ORDINANCES. SAN DI EGO COUN TY ASSESSOR'S MAP BK 123 PG 07 -SHT 2 OF 2 SERVOIR 8 18.72 AC Eij SHT7 223-07 SHT 2 OF 2 1"=400' rtJ 03128/07 JAM CHANGES BLK OLD NEW YR Q7f I Zt'3 77 t771 21~ -f.-7 c51 z r":G ~ t??l ~ ~f'lt. /G) ~AC.r ~<!Z> ~.7&9 ~1~~p~ SHT 8 6 -~1?- 11 CR~1 SEC 32 -T12 S-R3W:-W 112 LS 433 -ROS 4874 , 12 15 4 ROS 17206 ~I) 84- 03 03 07 CUT 1.177 e//~ Ul~ 56.11 32 10088 71 Will '@ SHT 1 @ SHT 4 6ij SHT 3 SH T 3 MAP 15318-CARLSBAD TCT NO 99-04-03 VILLAGES OF LA COSTA -LA COSTA OAKS NORTH MAP 14379-CARLSBAD CT 99-04-01 VILLAGES OF LA COSTA -LA COSTA OAKS SOU TH~ SEC 32-T12S-R3W POR 67 SEC 31 -T12S-R3W POR SH T 3 OPEN SPACE 1* C/L OF PUBLIC TRAIL EASEMENT 2* SEE REC MAP FOR BRG AND DIST 3* OPEN SPACE 4* S.D.G.E. TRANSMISSION LINE 5* RANCHO SANTA FE RD 6* REMAINDER OF LOT 196 SHOWN ON PG 67 SHT 3 & 69 SHT 1 7• LA COSTA MEADOWS DR 8* STREET CLOSED 9* CONSERVA noN EASEMENT ~ SHT 2 SAN DIEGO COUNTY ASSESSOR'S MAP ! 223-61 SHT 7 OF 7 1" = 800' 09/18/09 JMA j 01 THRU 2J OJ 2m' OJ 10088 12 .. I~ SAitiE.t 06 5624 PUB T1lt. VAC 04 SANE .t 07 4709 sr OP 06 SANE.t 08 ,22 ST CLSO -810-19,20 26,27 .. 28 08 10007 .. 21 26 THRU 28 SAME .t 08 5616 CONSESMT @ ~c ------------~~~~~ SHT 1 6!} 24 0.50 AC SHT 1 ~ REMAINDER OF LOT 196 ~ ~ SHOWN ON PG 61 SHT 7 :;;: DETAIL "A" SCALE : 1 "~400' _j ~ 09 I ~ ~ zg e5 ~ ; Ul 4l ~ F= JE i ~ ?< :a ~ ~ "'- I i 0 i7i ~ < Q ~ b ~ 0: ~ ..... FE ~ ~ ~ IQ ~ ::I ~ ~ SH T 1 ::I ~ >= ~ I I- 6IJ SHT 7 as m < ~ ~ ~ a.. (/) ~ ~ ::::1! (/') ~ ----- ~ SHT 2 ~ SHT 3 ~ 17 5.5 AC !<l ~ 218 ~@ 0.90 AC ~ SHT 2 ELIJO RD ~ SHT 2 ~ SH T 2 1ft? ~ 3.87 AC 6IJ SHT 7 MAP 15318 -CARLSBAD TCT NO 99-04-03 VILLAGES OF LA COSTA SAN DIEGO COONTY ASSESSOR'S YAP ! 223-81 SHT 1 OF 2 1" -400' 01/26/08 DEP $5:J:8J?~ 223-~f Otown: OJ/16/07 By, JAM From: "i.?J-0 lC HA_NG~ 8lJ( PR/(){1 API/ 810 11,12 .t 22 6 TIIR!I 8 ,o.ta~r124 /9,20 .t 21 IJ 1* OPEN SPACE 2* NO ACCESS NEW APN I rHRU 26 PGBJ PC 84 PG85 -617-~Jl PG' 81 SHT2 '17? CIJT NC 07 11 08 95 08 96 08 97 08 10007 08 149 3* SEE RECORD MAP FOR BEARINGS & DISTANCES 4* PUBLIC TRAIL EASEMENTS 5* CTRL # 9305 TPM CARLSBAD MINOR SUBDIVISION 06-07 LA COST A OAKS NEIGHBORHOOD 3.2 LA COSTA OAKS NORTH _j vi 08 ~ ~ z: ~ (.ll ~ ; SAN DIEGO COONTY ASSESSOR'S MAP ~ 223-81 SHT 2 OF 2 1" = 100' 25 !5 ~ i @ 8/.K PRIOR APN N£W APN 111 ()Jr Na 811 OJ THRU 49 08 1~9 ~ @ F5 !I! SHT 1 i .... 0 z: >-< :Ill 8 ~ 0... I SHT 1 69U9 9./J JJS IBS ~.78 49.26 CORTE SEGURA OPEN 67.80 42.60 SPACE 142.15 @~ ~~ •'~-28.85 41 41 <; '}· <>i 17 ~ ~~ .... ~ 19 ~ 20 ~ :!? 9'15 il ~® @ @~ ~ 1* liS 42.60 35.75 41.24 ~ ®~ ~ 41 1* PRIVATE ST 2* PUBLIC TRAIL EASEMENT ~ i7i ~ ~ ~ ~ I ~ ~ ~ ~ IQ i :::l i ~ ~ SHT 7 )-! _, !5 I .... ~ SH T 2 t' 49 @ 3.96 AC ~ ~ ~ ~ ~ MAP 15649-CARLSBAD TCT NO 06-06 LA COSTA OAKS NORTH -NEIGHBORHOOD 3.7 :Ill ~ _ _j ~ 09 ~ i:E • i s :z: >-< :IE i 0.. i ~ Oi ~ < Cl ~ 15 I l,j.j i:E ~ ~ ~ !£! ~ ~ i )-! ~ I 1-I ~ ~ ~ ~ 21! :IE ~ ~ SHT 7 6;j SHT 2 LOT 82 IS ASSESSED ON PG 83 SHT 2 POR 82 OPEN SPACE c§ 2.26 AC 60 LOT 83 IS ASSESSED ON PG 83 SHT 2 OPEN SPACE \ @ \ ,. ~ (<'\ ~ SAN DIEGO COONTY ASSESSOR'S MAP ! 223-83 SHT 1 OF 2 1" = 100' Drutm: 09/11/1)7 8.: O£P From: 22J-810 CHANGES 8U( PR/Ofl Affl N£W APN n? cvrNO 8JO 'rmu 4l 08 9S SAN EL\JO ROAD s~~-·__::::::::-:<'fc---------- MAP 15595-CARLSBAD TCT 05-14 LA COSTA OAKS NORTH NEIGHBORHOOD 3.~1 fJg 67 @ fl5 68 ® ll~ ~ 2 J.JS 70 @ 6IJ SHT 7 t.tATCHUNE 0 0 c z )"' 0 rf'\ ~ 0 ..., ~ 6IJ SH T 7 ~ SHT 2 6IJ SH T 7 OPEN SPACE ~ SHT 2 ~ SH T 3 SAH DIEGO CWNTY ASSESSOR'S MAP ~ 223-84 SHT 3 OF 4 1" = 100' f\i'~ Oruwn: 09120107 BY: ()(P From: 22J-BIO CHANGES 8l.X PRiOR APN H£W APN 'm CUT NO 842 I THR/J J8 08 96 MAP 15596-CARLSBAD1 TCT Op-15 LA COSTA OAKS NORTH NEIGHBORHOOD 3.3J ~ SHT 3 ~ SHT 2 ~ SHT 3 ~ SHT 1 N89'4J'o·w MAP 15596-CAR LSBAD TCT 05-15 LA COSTA 0 / SAN DIEGO COONTY ASSESSOR'S YAP ~ 223-84 SHT 1 OF 4 1" = 100' \.,l..- Orurm: 09/17/01 Br: ()(P From: 22J-810 I<~HANCE~ fJI.X PRIOR APN NlWAPN )7? aJTNO 840 I THf?U 2J 08 96 1* NO ACCESS S NORTH NEIGHBORHOOD 3.3 _] ~ 09 ~ :z: ~ ~ ; ~ !5 ~ ~ ~ j:E • i ,_ 0 :z: ~ 2 g ~ 0.. 1 ~ Oi ~ ~ ~ 15 ~ ~ ~ ~ ~ !Q I!: ! "' ::I St~ i ~~ ~ )-! ~ I ..... I ~ ~ ~ ~ ~ 2 ~ 6Jj SHT 7 1).f ~ 7.53 AC OPEN SPACE 222 6Jj SH T 7 1. OPEN SPACE ~ SH T 2 114 @ ~ !:!! SAN DIEGO COONTY ASSESSOR'S r.IAP ~ 223-84 SHT 4 OF 4 1" = 10~vv 841 1 THRU 16 08 96 6;j SHT 1 MAP 15596-CAR LSBAD TCT 05-15 LA COSTA OAKS NORTH NElGHBORHOOD 3.3 _ _] vi ~ ~ :z ~ ~ ~ ; f5 !5 ~ i ~ ;;: • i ..... 0 :z >-< 2 8 Sf 0.. Ill I I ~ ;l!i La.l ~ ~ I ~ ~ ti ~ !£! ~ i ::J i )-! ;....o !5 I ..... ~ ~ ~ ~ ~ ~ 2 ~ 09 ~ SHT 4 241 REMAINDER OF LOT 121 SHOWN ON PG 84 SHT 4 6!) SHT 7 98 ;::; @ s 97 @ 122.66 11/.U ~ 111.71 92 ® ~ " "' lq "' 109 @> ~~~ ~ l:t "' "" "' ..., 108.65 "-t? ~ 5 ~~ ~Si 115 . .]6 <~.;; SAN DIEGO COOHTY ASSESSOR'S r.tAP ~ SHT 3 ~ 223-84 SHT 2 OF 4 1" = 1 oo'p-t1 Orut'f/: 09/11/07 QLOCP Frcm: 22J-810 C HAN C;ES 8I.J( PRIOR APN NEW APN YR cur N' 8~1 1 THRU 4j 08 96 ~ SH T 1 111.12 ~ 20 l;i ~ @) :g f(H &D 105.J2 ~ 1 N~ ~ 60 ~ ..1 106 ~ ~ 87 ® ~ N «i 102.29 vi 09 .... u ~ ~ (.:> § i!! 25 ~ ~ ~ ~ ;:: Ji i ..... 0 z: >-< :IE i 0.. ~ SHT 3 Vl I ~ a; ~ ~ ~ b ~ ~ ~ ; ~ !!! ~ I ::1 i ~ ~ I ...... I ~ ~ 0.. ~ ~ ~ :IE ~ '----SAN DIEGO CCXJNTY ASSESSOR'S MAP ~ ~ L-~--JHT ,_:-c SITI~ FRONTERA ! 223-85 SHT 2 OF 3 1" = 1 00' NS10'0"W 16.JO 55.01 "-i',so 40 " ~ @ ., <::.< ~ "' tOO.JI :>l ® ~if'~ ~ ~ 14- 109.09 ~ 42 § ~ ® "'S /0(65 0 f;l 43 llf ® ,__ -(/) 60 ~ SHT 3 SAN EL\JO RD !IB.JO 54 16.47 @ 123.29 53 @ NB~'SO'O"E 466.18 LOT 84 ASSESSED ON PG ~ ~ 10(6; 85 SHT 3 ..... · .. : /; OPEN SPACE POR 84 : '·"' . ~F) : llll f:i : : ~ @ ~ ~ ~ 0 0 i5 ~ ~ ~ Oruwn: og_Lgij07 Br.OCP from: 223-810 CHANGES 81.1< PRIOR API! N£W APN 'fR CJ.JTNO 851 I rHRU 21 08 91 -" 1• PUBLIC TRAIL EJ<c;F],.1F.N I MAP 15597-CARLSBAD TCT 05-16 LA COSTA OAKS NORTH NEIGHBORHOODS 3.4 & 3.5 I ~ SHT 1 ~ SHT 3 SAN DIEGO COONTY ASSESSOR'S t.IAP ! 223-85 SHT 1 OF 3 1" = 100' BU< PRIOR API/ N£W .4PN YR cur NO 850 I THRil fa 08 97 -</ ~ 1 • PUBUC TRAIL EASEMENT -1;0 ~ ~ ~ 51. 51.60 0~ ;::::::r: -~ <ncn 1.60 ~ SHT 2 CORTE PANORAMA 51.60 .6(} ~ ~ ...,.. ~ "b ·~ Nl!$'SO'O·w ~<'!~'\ 59.06 52.96 / \ NBHJ'o·w so 59.90 36 ~ 38 39 37 ®~ ®~ ®~ ® !lJ ~6.15 51.81 50.01 ~7.48 ~ ~ ~ 32 ;lj 31 51. 0 ~9.60 ~11.6 51.60 51.60 18.71 J.U8 SI.J f9.60 g) ~ g @ ~ rw ~ @30 ~ ~ ~ 28 ~ 27 ~ 26 ~ SHT 1 ~ ~ S!'a ~"" ~ v o,") 'f) 50 50 411.60 \:Y ~ 30 ~ ® g @ ri @ ~@ 51.62 . ' . 50 50 50 51.62 51.62 51.62 51,62 51.62 51.62 51.62 51.62 ...... . . . . 52.05 52.06 52.09 52.88 52.10 51.03 I ····· ... . .. ; .. ;f~E ............•••• · .• · .•. ·. · .•• · .•.• ·. · .• ·. ·. ·. · .••• · .••• · .• · .• · .•. · .•• · ..• ·. · .••••• · ..•••••. ·. ·.· .•• · .••••• · .• ·. · .• · .••• · .. · .••. · ..••. · .. · .. ·. · .••.••.• · .•.•. · .. · .• · .•••••.•••••• ·. ·. · .••. · .•. ·. ·>· .. ~~ ........ . ~ . .... .. ............................................................ .. 8: . . .. ' ... ' ........... . 1 _l_~----------------------------------------~~~.09~---------------·-··~~-----------------------+--------------~~Mrr-0.~~7 ~--------------r ;l ~ N89'42'16't N89'5J'sll•w ; ~ MAP 15597-CARLSBAD TCT 05-16 LA COSTA OAKS NORTH SH T 4 SHT 7 ""1 Sq~ ~o-<~o /YIIltl&D 2Jj3S)jo _df~_A CITY OF VcARLSBAD • • FILE COPY Planning Department www.carlsbadca.gov March 23, 2010 Jack Henthorn & Associates Attn: Jack Henthorn PO Box 237 Carlsbad, CA 92018 SUBJECT: LA COSTA OAKS NORTH NEIGHBORHOOD 3.3-PUD 05-12(B)- CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) APPLICABILITY/PROCESS DETERMINATION This is to advise you that after reviewing the application for the project referenced above, the City has determined that the following environmental review process (pursuant to CEQA) will be required for the project: The project is subject to the provisions of CEQA; however, the potential environmental effects of the project were adequately analyzed by the previously adopted EIR 98-07 for the Villages of La Costa Master Plan (2000) MP 98-01, dated July 16, 2001. No additional environmental review is. required. A Notice of Determination will be filed after approval of the project with the San Diego County Clerk's Office which involves a filing fee. Please submit a check to the project planner in the amount of $50.00 made out to the San Diego County Clerk. For additional information related to this CEQA applicability/process determination, please contact the project planner, Shelley Glennon, at (760) 602-4625 or shelley. glennon@carlsbadca. gov. DON NEU Planning Director DN:SG:sm c: Real Estate Management Company, Attn: Fred Arbuckle, 1903 Wright Place, Suite 180, Carlsbad, CA 92008 Chris DeCerbo, Team Leader Frank Jimeno, Project Engineer File Copy Data Entry 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T (760) 602-4600 F (760) 602-8559 (~~ CITY OF ~CARLSBAD Memorandum May 12,2010 To: From: Assistant Planner Shelley Esteybar Associate Engineer Frank Jimeno • Subject: PUD 05-12(8): LA COSTA OAKS NORTH NEIGHBORHOOD 3.3 NORTH The Engineering Department has completed its review of the project. The following is the only issue remaining before we can recommend conditional approval. The legend in sheet 1 is the same as the CT 05-15/PUD 05-12 exhibit. Revise it to fit this PUD amendment. Screen everything except the project boundary and the changes per this amendment. Since there are no other comments, the redlined check prints of the Site Plan are not being returned. If you or the applicant has any questions, please contact me at 602-2758 or by email at frank.jimeno@carlsbadca.gov. Attachments Community & Economic Development-land Development Engineering 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2740 I 760-602-1052 fax I www.carlsbadca.gov Page 1 of 15 DATE: TO: FROM: CITY OF CARLSBAD REVIEW AND COMMENT MEMO • FEBRUARY 16, 2010 REVIEW NO: 1 0 0 0 0 D D D 0 D D D D D Engineering, Development Services-Terie Rowley Police Department-J. Sasway Fire Department -Greg Ryan Building Department-Will Foss Recreation -Mark Steyaert Public Works Department (streets)-Thomas Moore Water/Sewer District ------------------------Landscape Plancheck Consultant -PELA _______________________ School District North County Transit District -Planning Department Sempra Energy - Land Management Caltrans (Send anything adjacent to 1-5) Parks/Trails -Liz Ketabian *ALWAYS SEND EXHIBITS PLANNING DEPARTMENT ·:-- I REQUEST FOR REVIEW AND COMMENT ON PROJECT NO(S): PUD 05-12(B) PROJECT TITLE: La Costa Oaks North-Neighborhood 3.3 APPLICANT: Jack Henthorn & Associates for LC Oaks 3.3 North, LLC PROPOSAL: Architecture & plotting of 67 lots. Please review and submit written comments and/or conditions to MICHELE MASTERSON, in the Planning Department at 1635 Faraday Avenue, by 03/09/2010 . If you have "No _p~Jt Comments", please so state. . 1:. J 11 ~j j ~--' ~jl ".J [-)fi-( ;J.ft 12 1 (1~/Y/; I ,..J f' ;Jtntl Thank you COMMENTS: ~ rJ<..C,q.J?C.. r/Ct1V·I~ A-/-IA/.51 F/-::;r r:: 1·1 0 rt -,.c-;Jc..g;:, Jg:::}<:pv~ {..J) (._j._. (1/L.. (U~ QuVLGo j::' lv(.. at.c .5//J(I;C. E4/11liy Q--./CLt....t".Jt; Btt!cT 1y.j ore. .4c»z.cr.. JtJ;JLtBl'tf 9 ·t:._o//, (P~@£ /'JO/~ (}t.JJ;J7<;~ PLANS ATTACHED Review & Comment 09/07 CITY OF CARLSBAD REVIEW AND COMMENT MEMO • FEBRUARY 16. 2010 REVIEW NO: 1 TO: 1Z1 Engineering, Development Services-Terie Rowley FROM: 1Z1 Police Department-J. Sasway 1Z1 Fire Department -Greg Ryan 1Z1 Building Department-Will Foss D Recreation -Mark Steyaert D Public Works Department (streets)-Thomas Moore D Water/Sewer District 1Z1 Landscape Plancheck Consultant -PELA D School District D North County Transit District -Planning Department D Sempra Energy -Land Management D Caltrans (Send anything adjacent to 1-5) D Parks/Trails -Liz Ketabian *ALWAYS SEND EXHIBITS PLANNING DEPARTMENT REQUEST FOR REVIEW AND COMMENT ON PROJECT NO(S): PUD 05-12(B) PROJECT TITLE: La Costa Oaks North -Neighborhood 3.3 APPLICANT: Jack Henthorn & Associates for LC Oaks 3.3 North. LLC PROPOSAL: Architecture & plotting of 67 lots. Please review and submit written comments and/or conditions to MICHELE MASTERSON, in the Planning Department at 1635 Faraday Avenue, by 03/09/2010 . If you have "No Comments", please so state. Thank you COMMENTS: A-C)d)np£.(;TT r:? 12-J:.t/l ~ 0-;P ft.-lhJS M U-(J G (')rJN]r WJt@) Q)ytT$ 7/UA c/TCII"LJ tJtFC-UM ervr:>, 5re.ucrut2./J-C_ a.J.... /;!)J~ ~ P/4 mJZA:r ~be';l...ri/J-r~ ~ ~u~t rr6o & &utw/Nlr OePr eoz f?~T W/t-t-fv~! z,. 7/~ PLANS ATTACHED Review & Comment 09/07 March 10, 2010 City of Carlsbad ENGINEERING DEVELOPMENT SERVICES MEMORANDUM TO: Assistant Planner Shelley Esteybar /'/ FROM: Associate Engineer Frank Jimeno p PUD 05-12(B): LA COSTA OAKS NORTH NEIGHBORHOOD 3.3 NORTH FIRST REVIEW Engineering Department staff has completed a review of the above-referenced project for application completeness. The application and plans submitted for this project are from an Engineering standpoint considered complete. The following are issues remaining before we can recommend conditional approval. I. In sheet 2, add the following note to the 'Typical Lot Drainage and Lateral Location Detail': Runoff from impervious areas (e.g. roof, uncovered slabs) shall, to the maximum extent practicable, be directed through adjacent landscaped areas prior to reaching area drains. 2. In sheet 2, remove the San Elijo street cross-sections. 3. In sheet 5, change the street name from Sitio Colina to Colina Cerro. 4. In sheet 5, change the matching sheet from 5 to 6. 5. In sheet 6, change the matching sheet from 4 to 5. 6. Include a Storm Water Standards Questionnaire with the resubmittal. The checklist can be printed from the following website link: http://www.carlsbadca.gov/business/building/Documents/E-34.pdf 7. Note any other comments in the attached redlined check prints of the Site Plan. The applicant must return these prints with the resubmittal to assist staff in our continued review. If you or the applicant has any questions, please contact me at 602-2758 or by email at frank.jimeno@carlsbadca.gov. Attachments e e City of Carlsbad I #M I tiM •*4 ·IU I I; .t§ hI Date: February 26, 2010 To: Michelle Masterson-Planning Department From: J. Sasway, Crime Prevention Specialist, Carlsbad Police Department Subject: PUD 05-12(9)/ La Costa Oaks North-Neighborhood 3.3 Plan Review Recommendations Carlsbad Police Department's Crime Prevention Unit has provided the following optimal security recommendations. The purpose of this document is to safeguard property and public welfare by regulating and reviewing the design, construction, quality of materials, use and occupancy, location, and maintenance of all buildings and structures. The standards used in this document represent model international standards. Crime Prevention through Environmental Design The proper design and effective use of the built environment can lead to a reduction in the fear and incidence of crime and an improvement in the quality of life. The proper design influences this by positively affecting human behavior. The design includes the physical environment, the planned behavior of people, the productive use of space and an effective crime/loss prevention program. Areas of Concern: 1. Non-visible front doors a. Prevent surveillance of the street-"Eyes and ears on the street". b. Prevent the surveillance of the front door from the street. c. Increases the risk of residential crime at that entry point. 2. Courtyards separating front door from street a. Detaches the resident from the street reducing surveillance and increasing the risk of residential crime on the street as it is no longer defensible space. b. Increases the risk of residential crime as the courtyard provides cover for suspicious/criminal activity and separates the house from any potential surveillance from the street or other residences. 3. Inset patios a. Provide cover and reduce surveillance capabilities into the area increasing the risk for residential crime. Natural Surveillance 1. Place and design physical features to maximize visibility. This will include building orientation, windows, entrances, walkways, landscape trees and shrubs, fences and any other physical obstruction. 2. Design the placement of persons and or activities to maximize surveillance possibilities. 3. Design lighting that provides for appropriate nighttime illumination of walkways, entrances and driveways. Natural Access Control 1. Use walkways, pavement, lighting and landscaping to clearly guide guests to and from selected entrances. 2560 Orion Way • Carlsbad, CA 92010-7240 • (760) 931-2100 • FAX (760) 931-8473 (i) 2. Use real or symbolic barriers like fences or landscaping to prevent and or discourage access to or from dark and or unmonitored areas. Provisions for territorial reinforcement 1. Use pavement treatments, landscaping and fences to define and outline ownership or property. Lighting 1. Equip homes on all sides with lighting fixtures. 2. Install lights on the house in the eaves to illuminate the walls of the house. 3. Choose light fixtures with dawn to dusk sensors or timers. 4. Equip all entrances, including the garage door, with a light fixture that is capable of illuminating the door and five (5) feet of the surrounding area. Landscaping 1. Plan a landscaping design that enhanced surveillance and security. 2. Tree canopies should be no lower than six (6) feet and should not allow access to roofs or balconies. 3. Ensure landscaping plan does not deter from lighting and addressing. 4. Plant only low profile shrubs that can be maintained below two (2) feet. 5. Use security plants where necessary to prevent entering and tampering. 6. Install walls and fences that are see-through and enhance surveillance. 7. Install lockable gates that allow surveillance. 8. Keep entranceways clear of clutter Addressing 1. Locate numerals where they are clearly visible from the front street 2. Contrast the numeral's color to the background on which it is affixed. 3. Numerals shall be no less than four (4) inches in height and illuminated during the hours of darkness. Entrances 1. Allow front entrance design to provide vision from the front door to the access street. 2. Keep entranceways clear of clutter. Doors 1. Do not use of glass within 42 inches of a locking device. 2. Install wooden doors of solid core construction with a minimum thickness of one and three-fourths (1-3/4) inches. This includes the garage pedestrian door to the outside and the door from the garage into the residence. 3. Further, equip all doors with a single cylinder dead-bolt lock using a S-pin tumbler. Connect the deadbolt to the inner portion of the lock by connecting screws. Ensure the lock has a one-inch throw that can withstand a cutting tool attack. Choose a deadbolt that embeds at least three-fourths of an inch into the strike plate. Strike Plates 1. Reinforce all deadbolt strike plates. Choose Strike plates constructed of a minimum 16 U.S. gauge steel, bronze, or brass and secure it to the jamb by a minimum of two screws, which should penetrate at least two (2) inches into the solid backing beyond the surface to which the strike is attached. • 2. Reinforcement of the door area around the lock is also recommended. Viewer 1. Arrange entrance doors so that the occupant has a view of the area immediately outside the door without opening the door. Except doors requiring a fire protection rating that prohibits them, such a view may be provided by a door viewer having a field of view of not less than 190 degrees. Mounting height should not exceed fifty-four {54) inches from the floor. Window and sliding glass doors 1. All exterior sliding glass doors and windows should be equipped with locking devices which will keep the sliding panel of the door or window from being opened from the outside horizontally or vertically. 2. Louvered windows should not be used. Hinges 1. Equip hinges for out-swinging doors with non-removable hinge pins or a mechanical interlock to preclude removal of the door from the exterior by removing the hinge pins. This information is a representation of information gathered on a national level. The purpose is to provide effective and consistent information. If you would like additional assistance concerning building security or employee security issues, please contact the Crime Prevention Unit at {760) 931-2105. By, Jodeene R. Sasway Crime Prevention Specialist Carlsbad Police Department {760) 931-2195 • (~~CITY OF '¥CARLSBAD Planning Department September 22, 2010 Jack Henthorn & Associates Attn: Jack Henthorn PO Box 237 Carlsbad, CA 92018 • FILE COPY www.carlsbadca.gov SUBJECT: NOTICE OF RESTRICTION-PUD 05-12(8)-LA COSTA OAKS NORTH 3.3 Dear Applicant: Please find the enclosed Notice of Restriction that needs to be signed, notarized, and returned for recordation. This is to fulfill a condition of approval of the PUD 05-12(B). Please ensure the following items are addressed prior to returning the Notice of Restriction: ./ Correct Notary Acknowledgement Required (Effective January 1 . 2008, all Certificates of Acknowledgement used by a California notary on a document that will be recorded in the State of California must NOT HAVE "PERSONALLY KNOWN TO ME" in the acknowledgement. (Assembly Bill 886, Chapter 399)) ./ Document must be properly notarized . ./ Name on signature page and name on Notarial Acknowledgement must match . ./ Property owner's signatures/initials must be the same as on Notary Acknowledgement. ./ Notary Seal cannot be blurry/too light (County will not record the document if any portion of the Notary Seal is blurry or too light) . ./ Include property owner's name in the designated space above the owner's signature . ./ Please pay particular attention to the signature requirements at the bottom of the signature page. It is our goal to assist you in getting the Notice of Restriction recorded expeditiously as possible. If you have any questions or need additional assistance, please contact Michele Masterson, Senior : Management Analyst at (760) 602-4615 or via email at michele. masterson@carlsbadca.gov. c: Senior Management Analyst File Copy ~··------------------------------------------------------------------------------------. 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T (760) 602-4600 F (760) 602-8559 • RECORDING REQUESTED BY AND) WHEN RECORDED MAIL TO: ) City Clerk CITY OF CARLSBAD ) ) ) ) ) 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 Space above this line for Recorder's use Assessor's Parcel Number 223-840-01-00 through 223-840- 23-00; 223-841-18-00 through 223- 841-24-00 and 223-842-01 through 223-842-37-00 Project Number and Name PUD 05-12(B)-LA COSTA OAKS NORTH 3.3 NOTICE OF RESTRICTION ON REAL PROPERTY The real property located in the City of Carlsbad, County of San Diego, State of California described as follows: Lots 1 through 18 inclusive, Lots 36 through 79 inclusive, and Lots 116 through 120, of City of Carlsbad Tract No. 05-15, La Costa Oaks North Neighborhood 3.3, in City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 15596, filed in the Office of the County Recorder of San Diego County, August 22, 2007. is restricted by a Planned Development Permit Amendment No. PUD 05-12(B) approved by the City of Carlsbad on September 14, 2010. A copy is on file at the City of Carlsbad Planning Department. The obligations and restrictions imposed are binding on all present or future interest holders or estate holders of the property. Rev. 11/26/2008 .-------------------- OWNER: Owner's Name Signature Print name and title Signature Print name and title Date • 223-840-01-00 thru 223-840-23-00; 223-841-18-00 thru 223-841-24-00; and 223-842-01 thru 223-842-37-00 PUD 05-12(8)-LA COSTA OAKS NORTH 3.3 APPROVED AS TO FORM: CITY OF CARLSBAD DON NEU, Planning Director Date RONALD R. BALL, City Attorney By: Assistant City Attorney Date (Proper notarial acknowledgment of execution by Contractor must be attached.) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) (If signed by an individual partner, the partnership must attach a. statement of partnership authorizing the partner to execute this instrument). Rev. 11/26/2008 • STATE OF CALIFORNIA COUNTY OF SAN DIEGO On before me, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrumentthe person(s), or tne entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Signature of Notary) Rev. 12/17/2007 _.if~A_ CITY OF ~'CARLSBAD • • Planning Division www.carlsbadca.gov July 8, 2010 Jack Henthorn and Associates Suite 112 5927 Balfour Court Carlsbad CA 92008 PLANNING COMMISSION NOTICE OF DECISION SUBJECT: PUD 05-15(B)-LA COSTA OAKS NORTH NEIGHBORHOOD 3.3 At the July 7, 2010 Planning Commission meeting, your application was considered. The Commission voted 7-0 to recommend approval of your request. The decision of the Planning Commission is advisory and will be forwarded to the City Council. If you have any questions regarding the final dispositions of your application, please contact your project planner Shelley Glennon at (760) 602-4625 or shelley.glennon@carlsbadca.gov. Sincerely, ~)k DON NEU, AICP City Planner DN:SG:bd c: Data Entry File enc: Planning Commission Resolution No. 6711 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® --1 ve..t> io/t.t) J JD (t") CITY OF • CARLSBAD Planning Department June 15, 2010 Jack Henthorn & Associates Attn: Jack Henthorn 1902 Wright Place, Suite 200 Carlsbad, CA 92008 SUBJECT: PUD 05-12(B) -LA COSTA OAKS NORTH NEIGHBORHOOD 3.3 FILE COPY www.carlsbadca.gov The preliminary staff report for the above referenced project will be sent to you via email on Wednesday, June 23, 2010, after 8:00 a.m. This preliminary report will be discussed by staff at the Development Coordinating Committee (DCC) meeting which will be held on June 28, 2010. A twenty (20) minute appointment has been set aside for you at 9:00AM. If you have any questions concerning your project you should attend the DCC meeting. · It is necessary that you bring the following required information with you to this meeting or provide it to your planner prior to the meeting in order for your project to go forward to the Planning Commission: 1. Unmounted colored exhibit(s) of your site plan and elevations 2. A PDF of your colored site plan and elevations The colored exhibits must be submitted at this time to ensure review by the Planning Commission at their briefings. If the colored exhibits are not available for their review, your project could be rescheauled to a later time. The PDF of your colored site plan and elevations will be used in the presentation to the Planning Commission and the public at the Planning Commission Hearing. If you do not plan to attend this meeting, please make arrangements to have your colored exhibit(s) and the PDF here by the scheduled time above. Should you wish to use visual materials in your presentation to the Planning Commission, they should be submitted to the Planning Department no later than 12:00 p.m. on the day of a Regular Planning Commission Meeting. Digital materials will be placed on a computer in Council Chambers for public presentations. Please label all materials with the agenda item number you are representing. Items submitted for viewing, including presentations/digital materials, will be included in the time limit maximum for speakers. All materials exhibited to the Planning Commission during the meeting (slides, maps, photos, etc.) are part of the public record and must be kept by the Planning Department for at least 60 days after final action on the matter. Your materials will be returned upon written request. If you need additional information concerning this matter, please contact your Planner, Shelley Glennon at (760) 602-4625. DON NEU Planning Director DN:I:sm c: La Costa Oaks 3.3 North, LLC, 4747 Moreno Boulevard, Suite 100, San Diego, CA 92117 File Copy Frank Jimeno, Project Engineer 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T (760) 602-4600 F (760) 602-8559 fTJln f.£!:> .5/d..S 1; o 4if~,.A_ CITY OF ~'CARLSBAD • • FILE COPY Planning Department www.carlsbadca.gov May 24, 2010 Jack Henthorn & Associates Attn: Jack Henthorn PO Box 237 Carlsbad, CA 92018 SUBJECT: PUD 05-12(B)-LA COSTA OAKS NORTH 3.3 Your application has been tentatively scheduled for a hearing by the Planning Commission on July 7, 2010. However, for this to occur, you must submit the additional items listed below. If the required items are not received by June 7, 2010, 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) 9 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 9" x 12" size. B) One 8%" x 11" copy (and PDF 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. Assistant Planner SG:sm c: File T (760) 602-4600 F (760) 602-8559 ® (t~ CITY Of ~CARLSBAD • • Planning Department www.carlsbadca.gov May 19, 2010 . Jack Henthorn & Associates Attn: Jack Henthorn P.O. Box 237 Carlsbad, CA 92018 SUBJECT: PUD 05-12(8)-LA COSTA OAKS NORTH 3.3 Dear Mr. Jack Henthorn, Your project was deemed complete on March 15, 2010. There are issues of concern with the project that remain to be resolved. The issues are listed on the attached page(s). All issues will need to be resolved prior to scheduling the project for a public hearing. Please contact me at (760) 602-4625, if you have any questions or wish to set up a meeting to discuss the application. Sincerely, . · -. . ·b'-i// I I ,J· f &· , ~~~~ < -~t: vy'Vtlry_. • \i.t-~'/ SHELLEY GLENNON SG:bd c: Real Estate Management Company -1903 Wright Place, Suite 180 Carlsbad, CA 92008 Chris DeCerbo, Team Leader Frank Jimeno, Project Engineer File Copy Data Entry 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T (760) 602-4600 F (760) 602-8559 ® PUD 05-12(8)-LA CO. OAKS NORTH 3.3 May 19, 2010 Page 2 ISSUES OF CONCERN Engineering: • 1. The legend on sheet 1 is the same as the legend on the CT 05-15/PUD 05-12 exhibit. Please revise it to apply to this PUD amendment. Screen everything except the project boundary and the changes per this amendment. Fire Prevention: 2. Fire sprinklers will be required for all single-family dwellings built on or after January 1, 2011 (Please note this on the site plan coversheet). Planning Department March 15, 2010 Jack Henthorn & Associates Attn: Jack Henthorn PO Box 237 Carlsbad, CA 92018 • • SUBJECT: 1st REVIEW FOR PUD 05-12(8)-LA COSTA OAKS NORTH 3.3 ~H,E COPY www.carlsbadca.gov Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Department has reviewed your Planned Development Permit Amendment, application no. PUD 05-12(8), as to its completeness for processing. The application is complete, as submitted. Although the initial processing of your application may have already begun, the technical acceptance date is acknowledged by the date of this communication. The City may, in the course of processing the application, request that you clarify, amplify, correct, or otherwise supplement the basic information required for the application. In addition, you should also be aware that various design issues. may exist. These issues mu~t be addressed before this application can be scheduled for a hearing. The Planning Department will begin processing your application as of the date of this communication. At this time, the City asks that you provide 3 complete sets of the development plans so that the project can continue to be reviewed. If you would like to discuss this letter or your application, please contact your staff planner Shelley Glennon at the phone number listed below. You may also contact each commenting department individually as follows: • Planning Department comments~llQfl, Assistant Planner, at (760) 602-4625. • Engineering Department comments: Frank Jimeno, Associate Civil Engineer -Engineering Development Services, at (760) 602-2758. • Fire Department comments: James Weigand, Fire Inspections, at (760) 602-4661. Sincerely, ~ flGJ; CHRIS DeCERBO Principal Planner CD:SG:sm. Attachment: Letter dated February 26, 2010, by J. Sasway of the Carlsbad Police Department c: Real Estate Management Company, 1903 Wright Place, Suite 180, Carlsbad, CA 92008 Don Neu, Planning Director Frank Jimeno, Project Engineer File Copy Data Entry T (760) 602-4600 F (760) 602-8559 PUD 05-12(B)-LA C~TA OAKS NORTH 3.3 March 15, 2010 • Page 2 ISSUES OF CONCERN Planning: 1. The Villages of La Costa Master Plan call for a high degree of articulation and architectural style distinction. Therefore, it is Staff's recommendation that the following architectural enhancements/revisions be provided: a. Plan 1: i. For the Spanish and Tuscan architectural styles, please add shutters to the small ·J windows on the front elevations (the first story small window on the "Spanish" elevation and the second story smal.l window on the "Tuscan" elevation) . • / ii. For the Santa Barbara architectural style, please have the building planes above the wainscoting offset the building planes below the wainscoting by 18 inches to provide a more distinctive building plane depth above and below the wainscot. The building plane below the wainscot should protrude further out. b. Plan 2: i. On the front and right elevations, please add a decorative wall cap and or I decorative pillars to the courtyard wall. The design should be distinctive of the proposed architectural style. c. Plan 3: i. Please provide a front optional elevation for the optional office window that would J be used in lieu of the single-car garage door. The office window should have the same or more decorative elements as the proposed front elevation windows. ii. On the front "Tuscan" and "Santa Barbara" elevations, please provide decorative corbels located just below the second story "Building Plane 1" and right above / the single-car garage door. The corbels should be similar to the corbels proposed on the front "Spanish" elevations, except they should be designed to match the Tuscan and Santa Barbara architectural styles. d. Street Side Elevations: In accordance with the Villages of La Costa Master Plan Sec. 4.6.3.B.7, the side and rear elevations adjacent to public or private streets shall include enhanced architectural detailing incorporating elements of good design, such as it is required for the front building facades. Therefore, the plans on corner lots 1, 37, 44, 49, 50, ~2. 55, 63, 70, 71 and 120 should provide enhanced elements that are comparable to the architectural elements proposed on the front elevations in order to provide a better visual interest to the street scene. Please provide the proposed additional enhancements for the street-side elevations and noted on the applicable side elevations as "provided for only selected lots. n .' PUD 05-12(B)-LA COSTA 0. NORTH 3.3 March 15, 2010 • Page 3 2. Please add the following items/revisions to the Site Plan Exhibits: a. Building Plane/ Single Story Edge Exhibits: I v i. Please place a note on all exhibits that all building planes called out are offset by no less than 18 inches and are no less than 30 square feet in area. J ii. Plan 1 and Plan 2 (Spanish): Please revise the number of front building planes to be 4 (not 5). J iii. Plan 2 (Tuscan): Building Plane 4 is incorrectly called out as Building Plane 2. Please revise. b. Front, Rear and Street Side Elevation Exhibits: j i. Please call out where the proposed color and materials are to be used (i.e. accent color, fascia, stucco, etc.). c. Plan 1 Elevations A, B & C (Chimney): i. Pursuant to the California Building Code (Section 2113A.9), all chimneys shall extend at least 2 feet above any portion of a building within 10 feet in distance from the chimney. The proposed chimney for Plan 1 is located approximately 8 feet in distance from the adjacent building plane however the chimney's height does not meet the minimum 2 feet above the building plane as shown on the Plan 1 right elevation. Therefore, please revise the elevations and/or floor plans to meet the CBC requirement and provide the following information for compliance: 1. For Plan 1 right elevations, please include the height dimensions of the proposed chimney and height dimensions for the roof plane(s) adjacent to the proposed chimney. 2. Please call out the distance between the chimney and adjacent building planes. J 3. Please revise all applicable data information and/or plans to reflect all revisions made. Engineering: 4. In sheet 2, add the following note to the 'Typical Lot Drainage and Lateral Location Detail: Runoff from impervi_ous areas (e.g. roof, uncovered slabs) shall, to the maximum extent practicable, be directed through adjacent landscaped areas prior to reaching area drains. 5. In sheet 2, remove the San Elijo street cross-sections. 6. In sheet 5, change the street name from Sitio Colina to Colina Cerro. 7. In sheet 5, change the matching sheet from 5 to 6. L...--------------~ -~~-------------~ -~-~ PUD 05-12(8)-LA etTA OAKS NORTH 3.3 March 15, 2010 Page 4 8. In sheet 6, change the matching sheet from 4 to 5. • 9. Include a Storm Water Standards Questionnaire with the re-submittal. The checklist can be printed from the following website link: http://www. carlsbadca. gov /business/building/Documents/E -34. pdf 10. Note any other comments in the attached red lined check prints of the Site Plan. The applicant must return these prints with the re-submittal to assist staff in our continued review. Building: 11. Please note that a complete review of plans will be done when construction documents, structural and energy compliance documentation are submitted to building department for permit processing. Fire: 12. Fire Department comments shall be submitted under a separate cover letter. Police: 13. Please see the attached letter dated February 26, 2010, from Jodee Sasway, Crime Prevention Specialist, Carlsbad Police Department. JaciJienthorn & Associates. P.O. Box 237 Carlsbad, California 92018-0237 (760) 438-4090 Fax (760) 438-0981 April20, 2010 Shelley Glennon, Assistant Planner Planning Department City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 RECEIVED APR 2 r. 2010 CffY OF CARLSBAD f>l-ANNtNG DEPT Subject: Villages of La Costa Oaks North, Neighborhood 3.3 North-Major Planned Unit Development Plan Amendment, PUD 05-12(B), Resubmittal Package Dear Shelley: Enclosed please find the resubmittal package for Major Planned Unit Development Permit Amendment for the development of 67 single family detached homes within the northern portion ofNeighborhood 3.3 of the La Costa Oaks Village of the Villages of La Costa Master Plan. Each item noted in your letter of March 15, 2010, has been addressed in accordance with the specific comment. Minor modifications to the architectural plans were necessary to address a number of the comments and updated tables are being provided as a part of this resubmittal package. It should be noted that after reviewing the street side elevations, modifications were made to all plans with the exception of the plan 2. The plan 2 elevation provides articulation and enhancement via the pop out for the stairs and the window configurations. Our architect feels that adding elements would not be beneficial to the appearance of the side. The redlined engineering comments have also been addressed and the redlined plans are included with this resubmittal. 5927 Balfour Court, Ste. 112 • Carlsbad, CA 92008 If you have any questions or need any additional information, please feel free to call me at (760) 438-4090 extension 225 or e-mail me at henthom@jhenthom.com. encl. Resubmittal Package cc: Teri Shusterman, LC Oaks 3.3, LLC Fred Arbuckle, Morrow Development Marybeth Murray, Hunsaker & Associates Debra Falese, Woodley Architectural Group, Inc. file