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Home My WebLink AboutSP 31A; Papagayo Development; Specific Plan (SP) (7)City of Carlsbad Public Works - Engineering January 27, 2003 Executive Community Management Attn: Kenie Bruns 6725 Mesa Ridge Road, Suite 224 San Diego CA 92121 RE: INSTALLATION OF MAN GATES ON THE EMERGENCY ACCESS GATES FOR THE WINDSONG SHORES, COVE AND PALMS COMMUNITIES Dear Ms. Bruns: I received your fax indicating that the City has not responded to your letter dated November 25, 2002. I did respond to your letter by calling you on December 2 and left a message for you to return my call. I never received a return phone call so I can only presume that you did not receive my message. Since I was not able to reach you by phone, I am responding in writing. In your letter, you requested that the City approve a construction change to "Plans for the Improvement of Private Street Carlsbad Tract 83-4" DWG 305-1 A. The City has informally accepted the concept of installing man gates at each emergency access gate but as of today no application for a construction change has been submitted. Enclosed is the Construction Change Submittal Checklist. A registered civil engineer must complete the construction change. The cost of a construction change is $320 plus $165 per sheet. To begin the process of permitting man gates, please submit an application for a construction change per the enclosed checklist. Please contact me at (760) 602-2781 if you have any questions. Sincerely, David Rick Assistant Engineer Attach: Construction Change Submittal Checklist C: ChristerWestman, Planning Department 1635 Faraday Avenue • Carlsbad, CA 92OO8-7314 • (760) 6O2-272O • FAX (760) 602-8562 CITY OF CARLSBAD CONSTRUCTION CHANGE SUBMITTAL CHECKLIST City Project No. City Project Name City Drawing No. City Project Engineer This construction change proposes the following revisions: £] Sewer, Water and/or Reclaimed Water Q Storm Drain or Street [] Grading Q Other The following items need only be in the initial submittal: | J 1. Fee (see current fee schedule). Fee amount collected $ The following items must be included in each submittal: | J 2. Two (2) redlined grading blueprints showing changes on City approved plans, folded to 9" X 12" (Distribution: 1 Planchecker, 1 Inspection; NOTE: Additional copies may be requested). | ] 3. Letter of Transmittal (Distribution: Original to Planchecker, copy to File). | ] 4. Two (2) copies of supporting calculations, if required (Distribution: 1 Planchecker, 1 File). | ] 5. Previously reviewed bluelines, if any (Distribution: Planchecker). FEE Minor Construction Change (a Minor Construction Change is a simple revision requiring no review of calculations of similar documents and that does not necessitate a review of Conditions of Approval or a Substantial Conformance determination). Major Construction Change (a Major Construction Change is one involving complex changes to the plans and/or changes that require review of supporting documents). SUBMITTAL COMPLETE: CHECKED BY: DATE: COMMENTS: Hi/DEVELOPMENT SERVICES/MASTERS/Construction Change Submittal Checklist Revised 1/14/02 Law Offices of$icfiar<t(B. Macgum CERTIFIED SPECIALIST PROBATE, ESTATE PLANNING & TRUST LAW* 1015 CHESTNUT AVENUE, SUITE E3 CARLSBAD, CA 92OO8 (760)729-7162 FAX (76O) 729-2860 July 23, 2002 4 II Christer Westman City of Carlsbad I ' ^""'"^ Planning Department \ s&nrf»9 1635 Faraday Avenue \ Carlsbad CA 92008 Re: Ocean Pointe Community Association Condominium Complex located on Kalpati Circle, Carlsbad, California Dear Mr. Westman: This is a follow-up to our meeting at the above-referenced property on July 15, 2002. We met with Dennis Merchant of Waste Management and Larry Duca Board member of the Ocean Pointe Community Association to attempt to identify a location for pickup of the association's trash. We identified a location outside of the garage to the southwest of the entrance to the garage which provides adequate space for the ten (10) trash bins and does not interfere with the ingress and egress on the road. You asked me to assure you and the City of Carlsbad that Ocean Pointe had the right to use that location for the trash cans. I advised you that this property is owned by the owners association. To my knowledge there are no easements which will impact the association's right to temporarily keep their trash cans for a few hours on the day of trash pickup. As you know, title issues can be somewhat complex. Therefore, I am continuing my research into the issue of what easements exist. However, as stated above, I am confident that the temporary use of this location for the trash bins could not violate any easements associated with roadway or utilities. If I find any easements that cause me any concern, I will notify you immediately. *STATE BAR BOARD OF LEGAL SPECIALIZATION Christer Westman July 23, 2002 Page Two I believe the location that we have identified solves this problem. Thank you for your cooperation and assistance. /Richard B. Macgurn RBM:cec cc: Larry Duca David Sontheimer hChrister Wesfman^Harbor Drive access __ Pagej__ From: David Rick To: kenie@loanapprovalnetwork.com Date: 1/10/02 4:46PM Subject: Harbor Drive access We received your letter requesting whether we would allow access to Harbor Dive for egress only. From strictly the engineering department's perspective, a driveway connection to Harbor Drive for egress only may be acceptable. We do not wish to commit to allow or prohibit any type of egress until we receive a complete permit application requesting development of an egress. Once submitted, the engineering department and other city departments will thoroughly review and analyze the proposal. The necessity for any alterations to the existing street improvements on Harbor Drive would also be analyzed at this time. CC: Bob Wojcik; Christer Westman June 12, 2000 To: Christer Westman, City of Carlsbad From: Jim McCloskey Cc: Bob Church Subject: Condominium building permit for Windsong-Carlsbad LLP for construction of 86 units on property generally located on the north side of Aqua Hedionda lagoon and southernly terminus of Harbor Drive and easternly side of 1-5. Reference: • Site plan for CT83-4. Lot 1 & 2 of Carlsbad tract #74-22 City of Carlsbad, County of San Diego, State of California, map #8107, dated May 1,1972. • City of Carlsbad Engineering drawing 305-1 A, dated 3/21/90, project number CT83-4, sheet 3. • Landscape drawing DWG #266-6L Re: Windsong Cove Homeowners Association & Ocean Pointe New Construction Dear Christer, The proposed permit requires reconstruction of parcel C, 30-foot strip of land designated as emergency access roadway. How can the City require this reconstruction without prior landscape review and an approved maintenance agreement between Ocean Pointe and Windsong Cove HO A? Re: Grant Deed 82-237090, dated 1982, August 2. And the Declaration of Restrictions recorded as instrument 82-742544, dated 1982, August 6. (Attached) What effect does this reconstruction have on our HOA's ability to provide private roadway egress to Harbor Drive? Without the approval of Windsong-Carlsbad LLP can the City approve a change to the specific plan for egress over the emergency access property of Carlsbad tract #74-22 which is currently designated as non-exclusive easement, emergency access only? Will the application for the amendment to the specific plan effect the status of the Windsong Cove's existing entry gates? I submit the above concerns and request your response to these issues as requested by the Board of Directors, Windsong Cove HO A. Your immediate written response is most appreciated. Sincerely, JimMcCloskey President of the Windsong Cove Homeowner's Association Order: !__._ : MCORDINOMQU^rEDBY: 82-237090 ' 1 . 1 . LAND TTTLBmSUKANCB COMPANY 470 u ° u ' ' - -"^ «CORO,HO RMUESTEO BY *'O 1 f,ECOfiKO „, 1 Wtm,mteJAND WMCN nCCOHOCtk MAH THIS OCKO AND. UNISS* OTHCMWtSS SHOWN SCLCM*. HAH. TAX STATCMINTS TOt MM IIH* *% IE8Z AUG -2 P,M 4= 21 ; M.« papagayo . VERA , , . ,. . • ! .„.,„ P. o. *~ 787 n LauSfyfetwER iAOO.,.. Carlsbad CA 92008 ' - — 1 ? Crt*. BTAT« ZIP rid. n»i». No. 336091-D Fjcrnw „„ RF *7"^ MQ ("" UF \ IXPO )tt T«* Pircel No. "H"8 •»*» for RwonkT1* nse ^ •« -. s ; . i ' | 4 iL Corporation Grant Deed THE UNDERSIGNED GRANTOR(s) DECLARE (s) DOCOMBOTART TRANSFER TAX Is % WE- ">. COHSIDERATJOtl Q eompeited on full value of property conveyed, or O cooiinrtd on full Talue leas Tstne of Hens or encumbrances remaining at time of sale, Q i|niT"itfi1 A™« (3 Hty if Carlsbad . ,nn FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ALLSTATE SAVTJGS AND LOAN ASSOCIATION, a California corporation hereby GRANT(S) to BUNTS PARTHERSHIP, a California Hurt ted partnership the following descried real property in the City of .County State o! California: Non>-excJ.osive easements for Ingress and egress for pedstrlan walkways private roadvays and utilities over, under, along and across those poi of lot * of CARLSBAD TRACT HO. 74-22, in the City o£ Carlsbad, County San Diego, State of California, according to the Hap thereof Ho. 8107 filed in the Office of the County Recorder of San Diego County, Hay 1, described as follows: See attached legal description marked Exhibit "A" and by this reference made a part hereof. Dnt«* May 11- 1982. A'Pntafi SBT<"BV""' i-«»«i A»si«i'l«HfiTi fly xfK^-fef ^-^..jfi^U^X^J..... is. STATE OK CALIFORNIA. 1 • A ' COUNTY OF . , Vv« Anq^l.ea •) ' " On May 11. 1982 rn-rr>m mr 'tliTi nnrln- sinned, a Notary NUk fci nnd for said Cmtnty and State, per- of San Diego, •tions of 1975, • i .... a Corporation ...=....rrc*fclc« tof DorOthV P. Bbtler knom, to me to be ABBt- Secretary of the corporation that derated •i ; E ^Ei * ;.. .V sBxeciitetl the withfe Iivtmincnt on ncnalf of the coipcmUon • ^P^^^Svi yADfivi v ^Di^Aif Aerrfn jumed. »d,e.»o.ledRed to mo th.l rach action fe«3 NOTAW PUBUC - CAUFORN1A -JL. esecoted the wtAtal <-*™>"* P«™.nt to It. by-law, or ygSSSV LOS ANSElf i COUNTT ^ /resolution of Its U_l of directors. ^&&' M/ cemm. «plm WO 23. 1» 'OT /^ "-^OLx.,.^ Y> ^><^-I -cJT ~x ^^/- -• -siiiu. tat snrmiaiTS TO MUTT SHOVIH on rouowrao LIHE: a no nan so SHOW*. MAM. AS DIRECTED ABOVE Masai Street Addrtis . City 4 Sti u M• /J •- ^:i~"jk r T M NANCY BKriRDIrWIBQUBfTtDSY: -v 568 / __ Tfffe^ASJilD nrcopcf and / U\ Wn*a Recorded Betarn tot ALLSTATB SAVINGS AND LOAN ASS T01 North Brand BoolcYaH Olendale, California IIMJ Attention! Frank J. Dude, Jr., Bsq (Space Above This Line For Thl» FIrrt Amendment to Declaration of Restriction* for Nlndaong COY* b mad* this jtii day of Jta»t . 1*M, by ALUTATS 8AVWO8 AND LOAN ASSOCIATION, a Calftornla corporation (h«r«ln after rofarrod to u "Decla- rant") with r«f*r«n«« to the foDowiaf fMtsi A. Declarant b tha OWB«T of that eartala real property (the •Ceodonlnlukd Property*) located In the City of Carlsbad, County of San Diego, California, more Dartievlarty deaeribed an •Lot t of CA&LSBAD TRACT NO. U-il aoaordinff to Map thereof No. lift ffltd with the County leeorder of San Dtefo County oa MV 1, 1979, ezeeptinf therefrom that portion, If any, heretofore or now lying below the mean hlfft tide line of tbe Faelfle Oeean.' B. On or about May S3, 19tS Declarant executed that certain Declaration of Bectriotiona for Wlad*oar Core (hereinafter re/erred to a* the "Declaration*) eneemberinf the Condomlnlnm Property, which Declaration were recorded on Jane T, IMi, aa tnatnimeat No. 1TM37 la the Office of the County Recorder of Sen Diefo Covnty, State of California. C. Declarant deairea to oorrect certain material typographical erron on pegea I and W of the Declaration and to clarify certain language contained in Article HI, Section T of the Declaration! and otherwiae to amend the Declaration a* Ml forth hereinafter. D. All tcrsaa oted la this Fint Amendment to Declaration which are defined In the Declaration than have the came meaning herein aa In the Declaration, dnleea the context thereof indicate* that they are to hare other meaning. NOW, THXHXFOU, Declarant hereby amend* Mid Declaration aa foOowtt 1. lecital D at pege | of tae Declaration la hereby amended by deleting the umber •}*•• and Inserting la pUee thereof the number t. Artiele S3, Section IHa) at page n ef the Deelara- erebythereoftloa la hereby amended by deleting the Mmbcr •}*>• and Inserting in placeeof the number "*».• t. Article I, Section tl at pp. 4-1 ef the Declaration,and Article n. Section* ll(a) and 1Kb) at page M of the Declaration are hereby amended by deleting the word* lecital I* and Inserting la placethereof the words leclUl D.* BCF.M/mMS 569 4. Article m. Section T at page f of tht Declaration to wing oar.,J ta lts •Btl*«ty UK! tht followinf parafraph to hereby sob-•tltated In place thereofs •Beetion T. Tnt Hen of tht assessments, interest, penalties, costs and attorneys' fee* provided for . K«r«ln shall b« subordinate to UM IIMI of any tint Mortfaft mad« In food faith and for value upon any Condominium. A transfer of an Interest In a Condo- minium M the reeult of th« exercise of a power of sale or a Judicial foreclosure Involving a default under any flrtt MortfafC shall extinguish the Hen of assessments which were due and payable prior to the transfer. Such •ale or transfer shall not reIIeye any Condominium from Uen rights for any assessments becoming due and pay- able after the sale or transfer.* I* Recital B at pefe 1 of the Declaration Is hereby •mended by deleting the words "Hoi Property (defined below)*, and by In- •ertlnf In place thereof the words "Condominium Property, and all present and future Owners of the remaining portions of the Real Property (defined below), If some or all of the remaininf portions of the Real Property shall be annexed to the Project as provided herein.* I. The Paragraph on pages I and 3 of tht Declaration beginning with the words "NOW, THEREFORE," to hereby amended by deleting the words "Real Property* wherever the same appear, and by Inserting In place thereof the words •Condominium Property'. 7. Article XH, Section 4 at pace SI of the Declaration to hereby amended by aodlng the followiitf sentence to the end thereof! "Nothing in this Section shall serve In any manner to limit, dlmlni&N or affect the unilateral rifht of Declarant, pursuant to and In accordance with Article xn, Section 1Kb) hereof, to annex one or more phases consti- tuting the Real Property, aa defined herein." t. Article ZB, Section 11 at pafe 25 of the Declaration, Sabeeetion (e)(il), Is hereby amended by deletinc the followlnc words thereofi "Declarant hereby fronts," aad by Inserting; In place thereof the foUowinf words* "Declarant hereby covenants to frant, concurrently with > and aa a condition to Its annexation Into the Project of one or more of phases I, 3, 4 or S of tha Real Property,". t. A new Section IS to hereby added to Article m of the 1 Declaration, at pefe Jf thereof, M foDowsi rfr[yS..Mfi«w fjes&yvtCr •Section 13. OtflllCiat hereby rmmm^»m IP itMif the ff*"" a noo-erehtslye jjcejBJUit of .IntrJtts and tfteeAt for p«dj»- trijn uses and road «se in, oa and over that portion of the Property eoMtltutlBf tha rjuuk thereon, 453 the Ifl'jTJlnfi a pon-exelusiye aasement over the CanttominitiM Property for I net ana H on of .uJiliUje (provided that such utility InstallatJooa •hall not encroach «pon any baQdlaf site), for the limited pqrpoee of frantinf >uch eaeements to or for the benefit of ojtnajrj of 1» L*ts 1, I, 4 and 1 of Tract T4-M, accordlnf to Map Ho. H9T, rocofdad M bwtnuaaot Ho Tl- 114001 on May 1, Ittl, la the Offloe of the County Recorder of San Dicfo Cotmtyi provided. that If the easements reserved by Deciaraat herein art not frant ad M provided ktrtiu wlthla tiLr_tjt_vji.arj after tht data of tht 570 original iaauanea by tha California Dapartmant pf Raal Batata of tbafinal •obdivlaion Public Baport covering Lot tl iueh reaarvation of rights to grant eaMmanU shall upon aspiration of inch three year parted : expire, terminate and «aaaa."--M WTTtTESS WHZREOP, thla Flrat Amandraaat to Declaration ofBaatrietiona for WIndaonf Cow »aa azaeutad aa of tha data flrtt wrtttanabova. AUJTATB 8AVWCB AKD LOAN ASSOCIATIOH, a California eorporatloo Its By "7 STATE OF CAUrOKNIA COOKTT OF UB ) ) 88. On Augufttth, 1M1, b«fora ma, tha ondaraiffnad, a NoUry Publle la aad foe said Cov&ty and 8Uta, oanonaJly appaarad Ttack J. Duda, Jr. , VJOB Ptaaldant , and ba tna known to aa to b« th« known to aa to r. Butter AaaiBtant Secretary , of______ AUJJTATB SAVwck AHD LOAJI ASSOC1AT10M, a California corporation, known to na to ba tha paracm who aza«titad tha wiUtin Inatntmant on hahalf of AOJJTATK SAVWOB AKD tOAX A8SOCZATIOK, and aeknowlada^d to ma that neh mrporation aza«vtad tha within Instrureant pursuant to Ita Bylawa or • rwolution of 1U board of dlrteton. offleial aaal. WITHES WRBUOf , I btT« haraunto tat ny hand and affixed aiy •^-^vSOLXjLAjJ (8KAL)\ Hotary Ue VMB4K.BTOAX•onw Mtue Law Offices offRjcfardQ. CERTIFIED SPECIALIST PROBATE, ESTATE PLANNING & TRUST LAW* June 21, 2002 1015 CHESTNUT AVENUE, SUITE E3 CARLSBAD, CA 92OO8 (760)729-7162 FAX (76O) 729-2860 Krister Westman City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad CA 92008 Re: Condominium Complex located on Kalpati Circle, Carlsbad, California Dear Mr. Westman: This is a follow-up to the telephone message I left for you on June 20, 2002. I represent Ocean Pointe Community Association. This project is gradually filling up to capacity. One of the responsibilities of the owners' association is to see that the trash and refuse of the owners is properly collected by Waste Management. We seek the City's direction as to identifying the proper location for the trash receptacles to enable Waste Management to pick them up. Please contact me to advise where is the proper location for the trash pickup. Thank you for your cooperation and assistance. 1 truly yours RBM:cec cc: Larry Duca David Sontheimer *STATE BAR BOARD OF LEGAL SPECIALIZATION Ocean Pointe Community Association 9610 Waples Street (858) 550-7900 San Diego, CA 92121-2992 (800)448-7601 > WWW.NNJ.COM FAX (858) 550-7929 /}J-'~ —— .. miniFE84~2uOZ 57, 2002 Deputy Fire Marshall ColkenSakh 1635 Faraday Avenue Carlsbad, Ca 92008 Dear Deputy Fire Marshall Balch; I am writing to you on behalf of the Board of Directors of the Ocean Pointe Homeowners Association, ... ,. ... , ...... This condominium complex is located on Kalpati Circle and is still under construction and not fully occupied The problem we face and hope you will be able to assist us in resolving is the location where the trash bins can be left out for the weekly trash pick up. The trash bins are stored in the underground parking area. The waste company trucks are too tall to enter the underground parking area, so it is necessary to have the trash bins moved out of the underground parking and onto to the street near the garage entrance for trash pick up. Because of the low occupancy we are currently using only one (1) trash bin, however, when the property is built out, there will be ten (10) bins to be emptied each week. Because of the design of the complex which offers no street parking, the area we think would best accommodate ten (10) bins without obstructing passage for emergency vehicles is close to the garage entrance. Please refer to the enclosed map and the area marked in red representing approximately 70' x 4' of what is marked afire lane. The fire lane minimum distance from the building to the curb is 30'. The Board of Directors is requesting approval to place the bins in this area one day a week from approximately 8 a.m. to 4p.m. for trash pick up. We ask that you look at the property and if we can't obtain approval for our request, we would appreciate your suggestion as to where we can set out the trash bins for pick that is within the complex. There is no street parking within the complex in fact it is necessary to enter through the adjacent complex Windsong in order to enter into the Ocean Pointe complex. If you have any questions or would like to meet or talk with a representative of the association about this issue, please do not hesitate to contact me. Your assistance in resolving this issue is vital and very much appreciated. Sincerely, OCEAN POINTE COMMUNITY ASSOCIATION "rank Grillertr^Management Representative For the Board of Directors Cc: Board of Directors -if. OCEAl POINTE This plan b an aitia's coocepdon only and is not intended to be an exact represenation. In a continuing effort to improve home •and pricing witbcxtf notice or obligation. All floor plans are for ilhatniiive purpose! and are not to exact scala. Optional few. All map*, plans, landscaping and elevation renderings are artist's conception and are not to scale. Afl square footage it PERRY & ASSOCIATESCOLLABORATIVE Landscape Architecture • Planting Consultation August 8, 2001 Christer Westman, Associate Planner Regis Homes City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, CA 92008 Re: Native Plant Count for Ocean Point Slope Fuel Modification Alternative One Dear Chirster: We completed a count of native sage scrub species that would be removed at the Ocean Pointe project according to Fuel Modification Alternative One. I have attached the report along with maps for your review. Fuel Modification Alternative One keeps the removal of sage scrub species to a minimum. We counted approximately 8-10 common buckwheat plants and 1 black sage plant that would be removed if this alternative is implemented. This number appears to be quite small relative to the size of the project area. We hope this effort provides you with the information you need. If you have any questions, please contact me. Sincerely, Ron Groenveld, Regis Homes Jim Debenham, Regis Homes • Robert C. Perry • 564 West Tenth St. • Phone: (909) 621-4647 RLA1327 Claremont.CA 91711 "Fax: (909) 621-0760 Fuel Modification Plan Alternative One Ocean Pointe City of Carlsbad Project No. CT 83-04 Prepared by: Perry and Associates August 8, 2001 - Quantitative Assessment 1 . Introduction: Two alternative fuel modification plans were prepared in early June for the perimeter slopes for Crown Pointe Development adjacent to the Agua Hedionda Lagoon. These alternatives have been reviewed by the City Planning Department for the City of Carlsbad and a request was made to quantify the number of native sage scrub plants that would have to be in Alternative One in order to comply with Fire Protection Policies and Requirements. Native sage scrub plant species listed as Restricted High Fuel species that occur on the Gfowfi. Point slopes within the Fuel Modification Zone B-2 and B-3 include: Eriogonum fasciculatum - Common Buckwheat Salvia mellifera - Black Sage Both of these species provide habitat value to the California Gnatcatcher, a bird that is listed as Endangered by the Federal Government. It is important to understand the quantity of each species that will be removed for Fuel Modification Alternative One. 2. Findings: A field survey was conductedonMonday, August 6th to count the number of buckwheat and sage plants that will be reiaerea per Alternative one. The site was divided in four areas: Slope Area A, Slope Area B, Slope Area C, and Slope Area D (See Attached Maps). The following chart provides a count of plants that will be removed: Buckwheat Black Sage Area A 0 0 AreaB 8-10 0 AreaC 0 0 AreaD 0 1 Based on this survey, approximately 1 1 native plants will bejejHeVecl to reduce fire risk according to Fuel Modification Alternative One. It should be noted Fuel Modification Alternative One calls for the preservation of native Lemonade Berry (Rhus integrifolid) throughout the slope areas. These shrubs are to be trimmed and maintained at a maximum height of 5 feet by the Ocean Pointe Association to reduce fire risk. Lemonade Berry will adapt easily to periodic trimming to keep its height to 5 feet tall. *»i 20 feet min Permanent irrigation Lawn and Low Shrubs Zone B-2 20 feet • Weed-whip all weeds and grasses to 4" and apply 6" organic mulch • Keep Jade Plant, Elephant food, and Spanish Dagger \reaA Zone B-3 20 feet • Weed-whip all weeds and grasses to 4' around shrubs, establish an annual maintenance guideline in HOA. • Sow Coastal Encelia and Deer x/of^h <tooH<: on slooe. *<* \ r^^^»" ' \ k *-^===^ .,M/\ Undisturbed v > ' s' Zone B-1 20 feet min Permanent irrigation Lawn and Low Shrubs Fence at top of slope \ i •Weed grasses organic • Plant 'Pacifici of slope irrigatio Zone B-1 20 feet min Permanent irrigation Lawn and Low ShrubSlope Area B Zone B-3 20 feet UndisturbedZone B-2 20 feet Zone B-1 20 feet min • Weed-whip all weeds and grasses to 4" and apply 6" organic mulch • Plant 1 gallon Myoporum 'Pacificum' @ 5' o.c. along top • Weed-whip ail weeds and grasses to 4" around shrubs, establish an annual maintenance guideline in HOA. • Sow Coastal Encelia and Deer Permanent irrigation Lawn and Low Shrubs turbed Fence at top of slop* ZONE B-1 ZONE B-2 ZONE B-3 Slope Area C Permanent irrigation Lawn and Low Shrubs Bldg.2 Fence at top of slope • Weed-whip all weeds and grasses to 4" and apply 6" organic mulch • Trim Existing Palm and Pomegrnite Trees along top of slope • Plant 1 gallon Myoporum 'Pacificum' @ 5' o.c. along top ot slope with permanent irrigation. • Weed-whip all weeds and grasses to 4" around shrubs, establish an annual maintenance guideline in HOA. • Sow Coastal Encelia and Deer Vetch seeds on slope. ower branches of [o point of 4 main :hes Slope Area D ORIGINAL (. June 12,2000 p fJl200Q v ;;.: PLANNING DEPARTMENT To: Christer Westman, City of Carlsbad, From: Jim McCloskey Cc: Bob Church Subject: Condominium building permit for Windsong-Carlsbad LLP for construction of 86 units on property generally located on the north side of Aqua Hedionda lagoon and southernly terminus of Harbor Drive and easternly side of 1-5. Reference: • Site plan for CT83-4. Lot 1 & 2 of Carlsbad tract #74-22 City of Carlsbad, County of San Diego, State of California, map #8107, dated May 1, 1972. • City of Carlsbad Engineering drawing 305-1A, dated 3/21/90, project number CT83-4, sheet 3. • Landscape drawing DWG #266-6L Re: Windsong Cove Homeowners Association & Ocean Pointe New Construction Dear Christer, /. The proposed permit requires reconstruction of parcel C, 30-foot strip of land designated as emergency access roadway. How can the City require this reconstruction without prior landscape review and an approved maintenance agreement between Ocean Pointe and Windsong Cove HO A? Re: Grant Deed 82-237090, dated 1982, August 2. And the Declaration of Restrictions recorded as instrument 82-742544, dated 1982, August 6. (Attached) 2, What effect does this reconstruction have on our HOA's ability to provide private roadway egress to Harbor Drive? Without the approval of Windsong-Carlsbad LLP can the City approve a change to the specific plan for egress over the emergency access property of Carlsbad tract #74-22 which is currently designated as non-exclusive easement, emergency access only? Will the application for the amendment to the specific plan effect the status of the Windsong Cove's existing entry gates? I submit the above concerns and request your response to these issues as requested by the Board of Directors, Windsong Cove HO A. Your immediate written response is most appreciated. Sincerely, Jim McCloskey President of the Windsong Cove Homeowner's Association 4 to 5 li XECORDO4C REQUESTED BY: LAND TTIUB INSURANCE COMPANY RECORDINC REQUESTED BY AND WHEN RECORDED MAIL THIS DEED AND. UNLESS OTHERWISE SHOWN BELOW. HAIL TAX STATEMENTS TO: NAMI Fapagayo ST..IT t. O. Box 787 ADI»I» Carlsbad CA-92008 ClTV. STATt Zl* Title Order No. 336091-D Tax Parcel No. No.. " 82-237090 AUG-2 f» 4=21 !VL;- This space for Recorder's ose Corporation Grant Dead THE UNDERSIGNED GRANTOR (s) DECLARE (s) DOCTJMBNTARY TRANSFER TAX is S..NONE...NO.CONSIDERATION Q computed on fall value of property conveyed, or Q computed on full value less value of liens or encumbrances remaining: at time of sale, Q Unincorporated Area Q City of—.Car.3Lsb.ad. and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ALLSTATE SAVIHGS AND LOAN ASSOCIATION, a California corporation hereby GRANT(S) to HUNTS PARTNERSHIP, a California limited partnership the following described real property in the City of State of California: , County of San Diego, Non-exclosive easements for ingress and egress for pedstrlan walkways, private roadways and utilities over, under, along and across those portions of Lot * of CARLSBAD TRACT NO. 74-22, in the City of Carlsbad, County of San Diego, State of California, according to the Map thereof No. 8107 filed in the Office of the County Recorder of San Diego County,May 1, 1975, described as follows: See attached legal description marked Exhibit "A" and by this reference made a part hereof. May 11. 1982 Allstate Savings-and Loan Association STATE OF CALIFORNIA. COUNTY OF- On May 11, 1982 before me, the under sif-nod. a Notiiry Wife hi and la said County nral State, per- sonally appeared—Batrtnn R—T!rvr,nT> lly. A^idfcWSyhS*. > : / known to ino to lie —Dorothy P. But-Vice. President, an< ' I f*f•r-CJ" , Jcnown to me to be rtaiy of llic corporation that executed the within Irotnmo*, tnown to me to lie the persons who executed the withw Instrument on hchalf of the corporation therein named, and acknowledged to me that such corporation executed the wfthfa teburmnt pursuant to Its by-lawt or resolution of its ba«d of director!. FOR NOTARY SEAL OR STAMP OFFIOALSEAL ^AREN K. SPISAK NOTARY PUBLIC - CAUFORN1ALOS ANGEUd COUNTYMr comm. Kpta MO 23. IS UAH TO CTKTfMEHTS TO PARTY SHOWN OH FOUOWIHG LIKE; IF NO PARTY SO SHOWH. MAIL AS DIRECTED ABOVE NJKC Street Addreu Order: EXP-YH-00053996 Description: 1982.237090 Page : M NANCY MOOftMNQ KBQUBRCD IT!568 LAND TITLE ITCUKANCE COMPANYRecorded «t the Request of andWhen Recorded Return toi AtLSTATB SAVntOS AMD LOAMTOI North Brand Boulevard Olendale, California II Ml Att«ntiom Frank 3, Dud*, *., Rao; I RTCOPKB INI Of FKIAL RtCCBDSI or SAN oitM COUNT r.c*. I VEIUL.I.YI.r I I COUMTYI.EC3?.OEfl j (Space Abort This HIM tor RacMdcryuse "TfnsTAm DECLARATION This FIrtt Amendment to Declaration of Restrictions for Wlndsong Cow is mad* this4th day of J^ust . Iftl, by ALLSTATE SAVmOB AMD LOAM A88OCIATIOM, a California corporation (h«r«ln afttr referred to as "Decla- rant") with reference to the following faetst A. Declarant is the owner of that certain real property (the •Condomlnluka Property*) located In the Ctty of Carlsbad, County of San Diego, California, more particularly described ast •Lot 1 of CARLSBAD TRACT MO. T4-W aocordinff to Map thereof Mo. HIT filed with the County Recorder of San Diego County on Mny I, ItTS, ezceptlnf therefrom that portion, if, any, heretofore or now lying below the meanUfb tide lino of the Pacific Ocean.* B. On or about May B, Itn Declarant executed that certain Declaration of Restrictions for Vlndsoaf Core (hereinafter referred to as the "Declaration*) oncumberinf the Condominium Property, which Declaration were recorded on June T, 1M1, as Instrument Mo. 1T3S37 in the Office of the County Recorder of San Diego County, State of California. C. Declarant desires to correct certain material typographical errors on paras > sad tt of the Declaration and to clarify certain language contained in Article ID, Section T of the Declaration? and otherwise to amend the Declaration as s«2 forth hereinafter. D. All terns used IB this First Amendment to Declaration which are defined la the Declaration than have the same meaning herein as in the Declaration, naleai the context thereof indicates that they are to have other meaning. foOown MOW, THERXFOR2, Declarant hereby amends said Declaration as 1. Recital D at page 1 of the Declaration Is hereby amended by deleting the number •UT* and inserting la place thereof the number "3*3 .• S. Article XI, Section 11/a) at page IS of the Declara- tion Is hereby amended by deleting the number "W and Inserting In place thereof the number *sn.* S. Article I, Section SI et pp. 4-1 of the Declaration, and Article xn, Sections H(a) and 1Kb) at page t» of the Declaration are hereby amended by deleting the words "Recital V and Inserting In place thereof the words •Recital D.* BCF.M/IMWS !> 569 4. Article m. Section 7 at page t of the Declaration Is hereby deleted In Its entirety aad the following paragraph to herebv sub-stituted la place thereof. •Section 7. The 11 en of the assessments, Interest, penalties, costs and attorneys' fees provided forherein shall be subordinate to the lien of any firstMortgage made In good faith and for value upon any Condominium. A transfer of an Interest In a Condo-minium as the result of the exercise of a power of sale or a judicial foreclosure Involving a default under any first Mortgage shall extinguish the Uen of assessmentswhich were due and payable prior to the transfer. Such sale or transfer shall not relieve any Condominium from lien rights for any assessments becoming due and pay-able after the sale or transfer." I. Recital g at page 3 of the Declaration to hereby amended by deleting the words "Veal Property (defined below)", and by In-serting In place thereof the words "Condominium Property, and all present and future Owners of the remaining portions of the Real Property (definedbelow), If some or all of the remaining portions of the Real Property shall be annexed to the Project as provided herein." I. The Paragraph en page* 3 and 3 of the Declarationbeginning with the words "MOW, THEREFORE," to hereby amended by deleting the words "Seal Property* wherever the same appear, and by Inserting In place thereof the words "Condominium Property". 7. Article xn. Section 4 at page 33 of the Declarationto hereby amended by aoding the following sentence to the end thereof t"Nothing In this Section shall serve in any manner to limit, diminish or affect the unilateral right of Declarant, pursuant to and In accordance with Article XI, Section 1Kb) hereof, to annex one or more phases consti-tuting the Real Property, as defined herein." I. Article XH, Section 11 at page 25 of the Declaration,Subsection (e)(II), to hereby amended by deleting the following words thereofi "Declarant hereby grants," and by Inserting In place thereof the following wordst "Declarant hereby covenants to grant, concurrently withand as a condition to Its annexation Into the Project of one or more of pluses 3, 3, 4 or 5 of the fteeJ Property,*. t. A new Section 13 to hereby added to Article XI of the Declaration, at page rt thereof, as foDowst r?[vvMb«w W=seR.vnAtt- "" •Section 13. Declarant hereby K^mrmmm >ff it«*if thet _ U *'vt 0 / ^> fftnn a noa-«ieluslve eaaement of .taffm and •tree*, for P*des- V^i~-' / .i MA! iTlf1 uses and road «se In, on and over that portion of the'\r'Y\D CfinjteadsJam Property eoostituting the ea*d« thereon, €3 the ExSf ~'-«* .HB'gTifltt a ngB-exalmrive easemeat over the Condominium Pmpegty forInrtanadon of jiilitt** (provided that such utility InstallationsshaQ not encroach open any be tiding site), for the limited pqrpoee of granting such ease meats to or for the benefit of CANTS ofeon do miniums la Urts 1, 3, 4 and 5. of Tract T4-1t, according to Map No. HOT, recorded •» Instrument No 7S-U4001 on May 1, ItTS,la the Office of UM County Recorder of San Diego Comtyj pj^vidAd,that If the easements reserved by Declarant herein are not granted as provided bereia wlthla three years after the date of the 570 CO original Issuance by the California Department tof Real Estate of theflail subdivision Public Report corerlnf Lot tj such reservation of rifht* to fruit easement* shall upon expiration of such three year period; expire, terminate and e«as«.* Of WTTNESS WHEREOF, this rtrtt Ara«ndmtnt to Declaration of Beitrietiom for Windaony Cove wae executed ae of the date first writtenabove. AUSTATB SAVIN OS AKD LOAN ASSOC1ATIOH, t California eorporatlon Its Its 8TATB OF CAUFOKNIA COOHTT Of IOB u. On Auyutt«2l, 1MJ, before me, the nndertlened, a Notary Public In and for Mid Couaty and 8Ute, oenonally appeared **** J. Date, Jt. ,known to me to be the vice Preeldent , and be the"Known to me to Secretary of AiXSTATB SAYINGS AUD LOAN AfflOCUTION, a California corporation, known to me to be the pencat who exeevtod the within instrument on behalf of AUJTATS SAVIN OB AND LOAN ASSOCIATION, and acknowledged to me that •u«n eorporation exe«tited the within Instrument pursuant to Its Bylaw* or a resolution of it* bawd of directors. IN WTTNZSS WHBMOf, I hare hereunto Mt my hand and affixed ayofficial «**1. ^-^TXx>juu (8BAL)A Notary OmOALSlAL rAKNK. mMf totmtaaeounr•. wk« M tt. Letter of Concern to the City of Carlsbad 12,2000 Hand Delivered City of Carlsbad Mr. Pat Kelly Principal Building Inspector Subject: Proposed condominium building permit for Windsong-Carlsbad LLP for construction of 44 units on property generally located on the north side of Aqua Hedionda lagoon and southernly terminus of Harbor Drive and westernly side at AT&SF railroad right away. Reference: • Site plan for CT83-4. Lot 4 of Carlsbad tract #74-22 City of Carlsbad, County of San Diego, State of California, map #8107, dated May 1, 1972. • City of Carlsbad Engineering drawing 305-1 A, dated 3/21/90, project number CT83-4, sheet 3. • Landscape drawing DWG #266-6L • Construction plan job 87-133, dated May 1, 1990 Re: Windsong Cove Homeowners Association & Ocean Pointe New Construction Dear Mr. Kelly, As President, with approval of the Board of Directors, and representative of the Windsong Cove Homeowners Association, respectively "The Palms", we want to document in writing the issues of concern we have relative to the planned 44 units by Windsong Carlsbad, LLP prior to the City of Carlsbad issuing building permits for said 44 units. Therefore we hereby submit the following areas of concern for clarification: 1. According to the September 6, 1989 Planning Commission Minutes, page 8. Quote, "The haul routes for the proposed project have been established and approved which will allow minor service vehicles only (no heavy construction vehicles) to circulate within the existing development." It was clearly the intent of the Planning Commission that construction traffic be limited to the railroad easement. We hereby request that the City Engineer define that all heavy construction equipment and vehicles shall use the railroad easement right-of-way and only minor service vehicles may use the private roadway within Windsong Palms? As any construction traffic within The Windsong Palm on Canario Street and/or Aguila Street would "over burden" the easements granted. Note* Furthermore, the city has included a condition, in the resolution, approving the Lot 5 condominiums, that said haul route must be approved by the City Engineer. 2. How and where is Ocean Pointe going to provide access and parking for their construction employees? Please reference the Minutes of September 6, 1989. Quote, "the construction workers will be asked to park along the railroad right of way or on the construction site". Has the North County Transit Authority approved this use of right a way? The residents of our HOA are concerned with the fire hazard because of the existence of heavy brush. 3. The proposed permit requires reconstruction of parcel C, 30-foot strip of land designated as emergency access roadway. How can the City require this reconstruction without prior landscape review and an approved maintenance agreement between Ocean Pointe and Windsong Cove HOA? Re: Grant Deed 82-237090, dated 1982, August 2. And the Declaration of Restrictions recorded as instrument 82-742544, dated 1982, August 6. (Attached) 4. How and where is Ocean Pointe going to store their construction materials? 5. The homeowners of The Windsong Palms have spent the past two years landscaping the rear property (easement) line with flowers. This landscaping was done on a private basis with contributions from individual homeowners. We request that any landscape improvements disturbed by the new Ocean Pointe construction be replaced in kind. 6. Due to the fact that the rear interior roadway of The Windsong Palms is designated as fire lanes only and no parking is permissible, how is the City permit going to insure proper use of this roadway? In addition. The Palms homeowners of The Windsong Cove HOA would like to address the following issues, so as to prevent future problems and misunderstandings: 6a. How will Ocean Pointe residents execute trash removal services? 6b. How will moving vans access their property so as to relocate the residents? 6c. How will service vehicles enter the Ocean Pointe development, i.e. UPS, water vendors, delivery trucks, etc...? 7. How can emergency vehicles traverse the emergency vehicle access easement onto the apron where Canario Street intersects with Aguila Street? Please reference City of Carlsbad Engineering Department drawing #305-1A, dated 03/21/90, of project # C.T. 83-4, sheet 3. 8. Construction of five guest-parking spaces, approved by the Board of Directors, will not be possible due to the reconstruction of Canario Street. These guest-parking spaces were approved on the original Palm's development plans approvals. Does the permit address compensation to The Windsong Cove HOA for the loss of said guest-parking spaces? In addition, during the reconstruction period five homeowners, some of which are elderly, will be adversely affected and inconvenienced as their existing parking spaces are in the immediate area scheduled to be under construction. Given that these homeowners are to find other means of loading and unloading and must find alternative parking it is imperative that we be informed of the time allocated for this reconstruction and that it be precise and fully disclosed. 9. Once the reconstruction of the intersection of Canario Street and Aguila Street is completed how will normal and rain water drainage, resulting in the obvious flow of water into the underground ramp, going to be addressed? 10. How will the reconstruction of the sewer and water lines at the intersection of Canario Street and Aguila Street effect the existing residents of The Palms and future utility expansion plans? 11. Please address the fire safety issue we have concerning the abandonment of the fire hydrant (FH) at the intersection of Canario Street and Aguila Street. 12. Given that the reconstruction of Canario Street and Aguila Street will create a serious blind spot for motorist and create a vehicle and pedestrian hazard (see stairs, note 3) an open area which allows for vehicles to see oncoming traffic should be provided at this intersection. This apron will seriously impact the safety and conveyance of The Windsong Palm homeowners. Where is developer going to relocate the existing mailboxes and garbage Dumpster? We submit the above concerns and request your response to these twelve issues. By notification of these issues and concerns we understand that this documentation will become a part of the permit approval process and that resolution will be obtained prior to the issuance of the building permit. Your immediate written response is most appreciated. Sincerely, JimMcCloskey 7~ President of the Windsong Cove Homeowner's Association L tuaiejH RECORDING HEQUSSTTED BY: UNDTITUBIMSURAIRECORDINO REQUEST 4 t0 5 LAND TTOJB INSURANCE COMPAKYRECORDINO RCQUESTCD BY HfttWISt SHOWN BtLOW. MAIL TAX STATKMKNTS TOI NAH. Fapagayo „„,„ p. o. BOX 787 A°i»ti> Carlsbad CA 92008 Cltv, STATK It* Tiiliil« Order No. 336091-P &«„,„ ttt. T«x Parrel No., 473 82-237090 IS8ZAUG-2 P,M 4:2! I VERAL. !::'L!:' I[ COUtUY KilUiilJER This space for Recorder's ose RF MG (' UT~V TXPD Corporation Grant Dead THE UNDERSIGNED GRANTOR(s) DECLARE(s) DOCOMBKTART TRANSFER TAX Is ^M^t J?.9-..C.P.NSIDERATICIH Q competed on full viloe o( property conveyed, or Q computed on fall value leas valu« of liens or encumbrances remaining at time of sale, Q Unincorporated Area (J city o« _____ .Cal.t8b.ad. ............... ----- ............ and FOR A VALUABLE CONSIDERATION, receipt of which Is hei-oby acknowledged, ALLSTATE SAVBJGS AND LOAN ASSOCIATION, a California corporation hereby GRANT(S) to HUNTS PARinKKiHlP, a California limited partnership the following described real property in the City of State of California: , County of S<n Diego, NonVexclnsive easements for Ingress and egress for pedstrlan walkways, private roadways and utilities over, under, along and across those portions of Lot 4 of CARLSBAD TRACT NO. 74-22, In the City of Carlsbad, County of San Diego, State of California, according to the Map thereof No. 8107 filed in the Office of the County Recorder of San Diego County,May 1, 1975, described as follows: See attached legal description marked Exhibit "A" and by this reference made a part hereof. Dated Hay 11. 1982 llr... • SS. . -before me, the under dRnrd. n Notary rVUfe h> nnd foe aid County nnd Slate, pcr- unullr aprmmf «MT*f>n «. Ba<-nn STATE OF CALIFOBNIA. COUNTY On __ May 11, 1982 : 0 ASSt. SertcMry«>r known tn ino to Ke Ar—-ttiDorothy P. Boileer .Preriilent. Aaat,i to nta to be _Smrtary of the corporation that executed the wilhfn IfUEtmnKiii, brown to nte to lw the persons who exeoitnl the willM IfBtovment on hehalf of the corporatkmdicrcln named, and acknowledged to mo that such coipontfon executed the wflkfa tatranwnt pursuant to (ts by-fawr or resolution of it* hmd of directors. OFFICIAL SEAL IfAREN K. SWSAK NOTARY PUBLIC - CALIFORNIA IOS MOlti COUNTYttj ramm. uplies AUO 23. » HIS. UK IDTttlltKTJ TO PARTY SHOWN ON FOUOWINC UHE; IF NO PARTY SO SHOW*. MAIL AS DIRECTED ABOVE Hat*Street Addnii Order: EXP-YH-00053996 Description: 1982.237090 Page 1 t«6JrimeiIC: M NANCY BBCOWMNO tfiQUBtTED BY: >w 568 ' LAND TITLE IfCURANCB OOMT ANTBecorded at the Beqneat of and When Beeorded Betarn tot ALL8TATB SAVmOB AMD LOAM ASS T01 North Brand Boulerord Olendala, California lltei Attention) Prank 3. Dude, Jr., 8*4. (Bpaee Abort This Una For Ka< This Pint Amendment to Declaration of Baatrietiona for Nladaong COYC to mad* thtojgi day ofjia^., 1M1, by ALL9TATB SAVWCB AMD LOAM ASSOCIATION, a California corporation (heroin aftar rafarrad to aj "Decla- rant") with reference to tha foDowinf faetat A. Da«lararrt la tha ownar of that eartala raal proparty (tha •Coedonlnluui Proparty*) loeatad In tha City af Carlsbad, County of San Dlaffo, California, mora partlettlarly daaortbad aai •Lot 1 of CAJU5BAD TBACT MO. 74-n aooordlnf to Map tharaof Mo. lltT fflad with tha County Baoordar of Sao Dfafo Coonty on Miy I, If75, aiceaptJnf tharafrom that portion, If any, haratofora or now lying balow tha maan hlfh tlda Una of tba PaelHe OOMH." B. On or about May IS, Iftt Da«larant azaeutod that eartain Daoltratloa of Baatrietiona for Wlndaonf Cora (baralnaftar rafarrad to aa tha "Daelaratlofl*) anevnibarinf tha Condominium Proparty, whleh Daolaratlon wara ra«ordad on Jooa 7, Iftt, aa tnatnmwt Mo. 1T1I37 In tha Of flea of tha County Baoordar of San Diafo Covnty, SUta of California. C. Daelarant daalraa to oorraot oartaln matarlal typofraphleal arron oa pafaa > and tS of tn* Daolaratioa and to alarify eartain lanfutf* oontalnad In Artlela 01, Saetion T of tha Daelaratloni and otherwise to amand tha Declaration at MJ forth haralnaftar. D. All tert»* ttved In this Pint Amendment to Deelarttioa wMeh ar« defined la the Deelaratioa than nave tha tame meaning herein aa In the Declaration, iwileai the context thereof Indlcatea that they are to have other meaning. NOW, THXBXPOBB, Deelarajit hereby amende said Deelaratioa aa foDowai I. BeeitaJ D at pa«e 1 of the Deelaratioa to hereby amended by delating the umber "I4T aad Inaertint la pU«* thereof the aambar •»).• I. ArtieU XI, Seetloa tl(a) at peg* » ef the Deelara- tioa to hereby amended by deleting the namber "I4T and Inaerting In place thereof the number •»«.• I. Article 1, Section Jl at pp. 4-1 of the Declaration, and Article XO, Sectlone !!(•) and 1Kb) at page tt of the Declaration ar« hereby amended by deleting the word* "Baeital V and Inserting la place thereof the words TUeltal D.* BCF.M/ttOMI I; fl-3L 569 4. Article HI, Section 7 at page f of the Declaration IM delated In Its entirety tad the follewlnc paragraph to hereby sab* •titated in place thereof* ,. •Section 7. The Hen of th« assessments, Interest, penalties, costs and attorneys' fees provided forherein shall b« subordinate to the U«n of any tint Mortgage made In food faith and for value upon any Condominium. A transfer of an Interest lit a Condo- minium as the raault of the exercise of a power of ial« or a Judicial foreclosure Involving a default under any first Mortfafe thai] extinguish the lien of assessments which were due and payable prior to the transfer. Such sale or transfer shall not relieve any Condominium from lien riffhts for any assessments becoming due and pay- able after the sale or transfer." li Recital B at paft 1 of the Declaration Is hereby amended by deleting the words "Heal Property (defined below)", and by In- sartinf In place thereof the words "Condominium Property, and all present and future Owners of the remaining portions of the Real Property (defined below), If some or all of the remaining portions of the Real Property shall be annexed to the Project as provided herein." I. The Paragraph on pages t and S of the Declaration beginning with the word* "NOW, THEREFORE,* to hereby amended by deleting the words "Real Property* wherever the same appear, and by Inserting In place thereof the words "Condominium Property*. 7. Article Xn, Section 4 at page 12 of the Declaration to hereby amended by aodlng the following sentence to the end thereof! •Nothing In this Section shall serve In any manner to limit, dlmlni&h or affect the unilateral right of Declarant, pursuant to and In accordance with Article Xn, Section 1Kb) hereof, to annex one or more phases consti- tuting the Real Property, aa defined herein." I. Article Xn, Section II at page 29 of the Declaration,Subsection (e)(ll), Is hereby an ended by deleting the following words thereofi "Declarant hereby grants,• aad by Inserting la place thereof the following word** "De«laraj*t hereby covenant* to grant, concurrently with and aa a condition to Its annexation Into the Project of one or nore of phases 2, 3, 4 or B of the leal Property,". t. A new Section 13 to hereby added to Article XO of the 1 Declaration, at page 2t thereof, aa follows. r?[Vi..Mb<€W •Section 13. Declarant hereby rmmmnmm »g ttmmit the a non-exclusive ejcejaejit of .Ingtoje, and tgxeejL, for trjan uses and road, ase In, on and over that portion of the godojattajgni Freperty conetitntiag the es«dl thereon, (tod the ficfiT a oon-exalusive easement over the CjMdomlnina_P-toperjty for Installation of Jiilitioa (provided that such utility Installations than not encroach upon any be tiding site), for the limited pqrpoee of granting inch easements to or for the benefit of ojLMrs of eondomlrUtUM In Lots 1, 3, 4 and 5. of Tract 74-22, according to Map No. il97, recorded as Inetnuaent No Tf-114001 on May 1, ItTI, la the Office of the County Recorder of San Diego Coontyi provided, that if the easement* reserved by Declarant herein are not granted M provided herein within tiULte_yeart after the date of the 570 orlfinal issuance by' the California Department W Real Estate of the final subdivision Public Bsport covering Lot ti such reservation of rights to grant easements shall upon expiration of such three year period;expire, terminate and cease.*i*i.i.iif Ot WTTNBS WHIREOF, thU Pint Am«n<)ffl«nt to D«clar«tion of X«ttr1otlon for ffindMnt* Cov« wat *z«eut«d aa of th« data first wrlttan abova. ALLSTATB SAVIN OS AMD LOAN ASSOCIATION, a California corporation By STATX OF CAUPOBNIA )) 88.COUNTT OP toe naam ) On Aufriit«th, 1MJ, b«fora na, tha nndartifnad, a Notary Pvblio la and for aald County and State, oenonally appeared t«* J- ^'fa* *• .known to •• to be the VJOB PPaaldant , end UBWtfly P. Butler ~", , known to m« to be the A»«i«tant Secretary of ALLSTATE SAVINGS AND LOAN ASSOCIATION, a Californi« e«rporatlon, kaotm to oa to be the pencna who axeetittd the within Instrument on behalf of AUSTAT8 SAVINGS AND LOAN ASSOCIATION, and aeknowledfed to me that snoti mrporition ezeented the within Instrument pursuant to Its Bylaws or aresolution of Its board of directors. IN WITNESS WHSUOP, I hare hereunto set my hand and affixed siyofficial seal. «>—9'TXX OmOALSEAL. •OTMT MJSUC •utMtaaeounr* MM. •**• M 0, ANC'E A. ADAIR ARC O. ALEXANDER ARA L. BR1NGARO RUT OHM c. CONDAS AMES R. DcMARCO ON K. EGERTSON •UJUSKOVIC THOMAS D. PECKENPAUGH GREGORV p. REGJER JACKSON, DEMARCO & PECKENPAUGH A LAW CORPORATION A PARK PLAZA - 16'- FLOOR POST OFFICE BOX I97O4 IRVINE, CALIFORNIA 92e23-97O4 (949) 752-8585 FAX: (949) 752-O597 VENTURA COUNTY OFFICE 2BO IM. WESTLAK£ BLVD. SUITE 2OO WESTLAKE VILLAGE. CALIFORNIA 9I36E (BOS) a3O-OO23 FAX: faOSJ 33O-OOS7 January 28, 2000 . ALIM MALIK MERI L. MARVI JEAN M. WRAITH WRITER'S DIRECT DIAL NUMBE 949/851-7422 INTERNET: jcondas@jdplaw.com OUR FILE NUMBER: 28206 Mr. James E. McCloskey Board of Directors Windsong Cove Homeowners Association 4016Aquila, Apt. G Carlsbad, CA 92008-4 150 Re: Ocean Pointe Project ("Project") Dear Mr. McCloskey: We represent Windsong-Carlsbad L.P. ("Windsong-Carlsbad"), developer of Ocean Pointe (the "Project"), a 130-unit condominium project adjacent to properties owned by Windsong Cove Condominium Association, Agua Hedionda Association, (collectively, "HO A") and their homeowners. This is in response to your January 18, 2000 letter to Michael Holtzmiller, Planning Director for the City of Carlsbad ("City"). We understand that Windsong-Carlsbad was surprised when it received a copy of your letter to Mr. Holtzmiller. Windsong-Carlsbad has been attempting to resolve various access issues with the HOA. We also understand that the HOA had promised to discuss various expense sharing agreements prepared by Windsong-Carlsbad with the "Access Committee" of the HOA. Windsong-Carlsbad hopes that your letter is not indicative of the HOA's posture towards the Project. Windsong-Carlsbad hopes that the various access issues between Windsong-Carlsbad and the HOA can be resolved amicably. Your letter seems to imply that you believe that Windsong-Carlsbad and its potential future homeowners will have access to the Ocean Pointe property, across property owned by the HOA, but this access is limited only to ingress and egress by homeowners and other residents of the Project. Your letter questions how Ocean Pointe residents will have their trash removed, and how moving vans, mail trucks and other service vehicles will access the Ocean Pointe property. JACKSON, DEMARCO& PECKENPAUGH Mr. James E. McCloskey January 28, 2000 Page 2 Both Windsong-Carlsbad and its future residents have access across the adjacent properties, pursuant to recorded easements which guarantee public street access to the Ocean Pointe property. These grants of access are broad and are not limited only to ingress and egress for potential Ocean Pointe homeowners. Rather, these recorded easements authorize access to virtually any vehicle which would reasonably be required by owners of the Ocean Pointe property. Based on our review of the law, we believe that the rights conveyed by Windsong- Carlsbad's easement are similar in scope to the rights granted outside vehicles visiting owners of the HOA. Many reasons exist for entry onto private property which, while not strictly enumerated in any grant of easement, are nevertheless permitted because they are reasonably foreseeable in connection with the residential use of the affected property. Aside from these recorded documents, which are dispositive, further support for Windsong-Carlsbad's broad access rights include actions taken by the City. The City accepted and holds recorded easements across the HOA property for access, including emergency vehicle access and trash truck access, which are coterminous to the easements held by Windsong- Carlsbad. Also, the City has previously determined that access to the Ocean Pointe Project was satisfactory. Condition 40 of the tentative subdivision map for the Ocean Pointe Project provides: "The applicant [original developer of the Project] shall demonstrate to the City Engineer that access rights to Chinquapin Avenue have been recorded with the County Recorder guaranteeing access through the existing development to the north prior to approval of the final map." Through the City's approval of the Ocean Pointe final subdivision map, it is presumed that the City determined that the Project's access was satisfactory. Certainly the potential visitors to the Ocean Pointe property that you cite, namely, trash trucks, moving vans, mail delivery and the like, were typical and contemplated users of such access. Also, your letter states that no permits exist for the west part of the Project. We assume that you are referring to the 44-unit component of the Project. If this is the case, this is incorrect. The Project received all discretionary permits from the City and the California Coastal Commission to authorize construction of the Project, a 130-unit condominium project. While the 86-unit component of the Project may be on a separate parcel from the 44 units, and Windsong- Carlsbad may choose to build the 86 units before it develops the 44 units, please be advised that the entitlements allow construction of the entire Project, not merely the 86 units. If you are interested, we would be more than happy to meet with you to explain the entitlements history of the Project. JACKSON, DEMARCO & PECKENPAUGH Mr. James E. McCloskey January 28, 2000 Page 3 Windsong-Carlsbad made a substantial investment in purchasing the Ocean Pointe property. It has made additional substantial binding financial commitments to develop the Project. Due to this tremendous financial investment, please be advised that Windsong-Carlsbad will take all necessary steps required to insure that it can develop the Project as approved, and it will take all necessary action to protect its valuable access rights. Nonetheless, Windsong-Carlsbad still is interested in meeting with the Access Committee of the HO A to finalize the Memorandum of Shared Expense Agreements and the Agreement Regarding Entry Facilities. These agreements will benefit all Windsong Cove and Agua Hedionda homeowners by requiring Windsong-Carlsbad to contribute to the maintenance of the shared access facilities in those communities to the Project, and to upgrade the security gates, landscaping and related improvements at the public street entrances. Please contact us if you have any questions regarding this. Very truly yours JCC/may 350139.1 cc: Mr. Michael Holtzmiller Mr. Pat Kelley California Coastal Commission City of Carlsbad Public Works — Engineering September 18, 2000 Jim McCloskey President of the Windsong Cove Homeowners Association 4016 Aguila Street, Apt. G Carlsbad, CA 92008 RE: Questions regarding construction of 44 units of the Windsong Shores (Ocean Pointe) Development on the west side of Harbor Drive. We have received your letter asking several questions about the Windsong Shores Development. Some of the questions cannot be answered by staff and should be addressed by the developer. These particular issues are not regulated by the City and are marked accordingly as "N/A" followed with an explanation. The following are answers to the questions asked. Each answer corresponds to the , , number of the question asked. ' " 1. "Restricting access of heavy construction equipment and vehicles?" ^ r%iWo As you had requested, larger construction traffic will be restricted to using the AT&SF <3\W" Railroad access as shown on the approved grading plans (DWG 305-1). Although this provision was not specifically stated in the conditions of approval, the grading plan established the approved access points and routes. 2. "Parking of construction vehicles?" &H^\fo> Y N/A. This issue was not addressed in the approved plans or documents and therefore will not be regulated beyond City ordinance. The Carlsbad Municipal Code limits the length of time that a vehicle may be parked at any one location on a public street and hours of construction activity. These codes will be enforced upon notification. Otherwise, construction workers may park on Harbor Drive unless posted otherwise and on the job -I-M site. Any parking within the "Palms" must be resolved with Sares-regis. 3. "Construction of the 30-foot wide emergency access road and landscape review?" \>\ N/A. Maintenance agreements for the access road must be coordinated between the \t> property owners (HOA) and developer. 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (76O) 602-272O • FAX (76O) 602-8562 4. "Storage of construction materials? " Storage of construction materials is not regulated by ordinance unless it is proposed to be stored in the right-of-way. The developer and the HOA should endeavor to come to agreement on this issue on private property. 5. "Replace damaged landscaping?" N/A. Typically, if the developer damages landscaping during construction, they will replace it. T\\ 6. "How does City permit insure proper use of driveways designated with fire fO lanes? " /--nL^/* * Neither the grading or building permit regulates traffic and or parking of vehicles. It is the HOA's responsibility to enforce parking regulations. The authority should be stated in the Codes, Covenants and Restrictions of the project. Typically, HOA parking enforcement programs include a range of board actions up to the actual towing of vehicles illegally parked in fire lanes or other restricted areas. Ultimately, City Police will enforce parking restrictions in fire lanes upon request. However, such violations receive a lower priority for action, so police response to these situations are typically delayed. 6a thru c. N/A. Contact the various service providers for answers to service provision questions. 7. "How can emergency vehicles traverse the emergency vehicle access easement to Canario and Aguila Street? " The Fire Department has keys for the emergency gates and the driveway access and streets have been designed to accommodate Fire Department vehicles. N/A. The developer is permitted to construct per the approved plans. The permit for the "loss" of the five spaces requires no restitution. Coordinate advanced notice of the removal with Saris-regis or with City inspector. 9. "How will rain water drain within the underground garage? " Drain inlets are located within the garage. Water will be conveyed to a public storm drain located near the railroad via a private drain connection. 8. "Removal of five parking spaces and notification? " H^WO^ O)r- , •10. "How \vill the reconstruction of the sewer and water lines at the intersection of \fj*~nff L^rvACS— Aguila and Canario effect the existing residents of the Palms? " Q^ cfmJ^' AJU^^ rlrvv^jAYULcHvSome temporary short-term disruptions to service could occur. Please contact the City Engineering Inspection Department and Seris-regis for anticipated disruptions and schedules. No long-term effects are anticipated as a result of construction. 1 1 . "Safety of residences concerning abandonment of afire hydrant at Aguila and Canario?" The Fire Department is not aware that this fire hydrant has been abandoned. Please elaborate by providing additional information to support your claim. 12. "Concern regarding the blind spot at the intersection of Aguila and Canario Street? Relocation of existing trash enclosure and mail box? " ^xo^M^'i^^ " Based on the approved improvement plans, we do not detect the blind spots that you identified. A large open area will exist on the inside curve of the connection between Aguila and Canario. The existing trash enclosure will remain in its current location. The mailboxes will also remain in the current location but will be readjusted due to the grade change. If you have any other questions or concerns, please contact me at (760) 602-278 1 . You may also contact me if you feel the need to meet for further discussion and clarification. Sincerely, )avid Rick Assistant Engineer Attacment: Letter from Jim McCloskey C: Robert Wojcik, Deputy City Engineer Mike Smith, Fire Marshal Pat Kelley, Principle Building Inspector Christer Westman, Associate Planner - Joe McMahon, City Inspector Letter of Concern to the City of Carlsbad June 12, 2000 ..,,. »iUi» Hand Delivered City of Carlsbad Mr. Pat Kelly Principal Building Inspector Subject: Proposed condominium building permit for Windsong-Carlsbad LLP for construction of 44 units on property generally located on the north side of Aqua Hedionda lagoon and southernly terminus of Harbor Drive and westernly side at AT&SF railroad right away. Reference: • Site plan for CT83-4. Lot 4 of Carlsbad tract #74-22 City of Carlsbad,, County of San Diego, State of California, map #8107, dated May 1, 1972. • City of Carlsbad Engineering drawing 305-1 A, dated 3/21/90, project number CT83-4, sheet 3. • Landscape drawing DWG #266-6L • Construction plan job 87-133, dated May 1, 1990 Re: Windsong Cove Homeowners Association & Ocean Pointe New Construction Dear Mr. Kelly, As President, with approval of the Board of Directors, and representative of the Windsong Cove Homeowners Association, respectively "The Palms", we want to document in writing the issues of concern we have relative to the planned 44 units by Windsong Carlsbad, LLP prior to the City of Carlsbad issuing building permits for said 44 units. Therefore we hereby submit the following areas of concern for clarification: 1. According to the September 6, 1989 Planning Commission Minutes, page 8. Quote, "The haul routes for the proposed project have been established and approved which will allow minor service vehicles only (no heavy construction vehicles) to circulate within the existing development." It was clearly the intent of the Planning Commission that construction traffic be limited to the railroad easement. We hereby request that the City Engineer define that all heavy construction equipment and vehicles shall use the railroad easement right-of-way and only minor service vehicles may use the private roadway within Windsong Palms? As any construction traffic within The Windsong Palm on Canario Street and/or Aguila Street would "over burden" the easements granted. Note* Furthermore, the city has included a condition, in the resolution, approving the Lot 5 condominiums, that said haul route must be approved by the City Engineer. 2. How and where is Ocean Pointe going to provide access and parking for their construction employees? Please reference the Minutes of September 6, 1989. Quote, "the construction workers will be asked to park along the railroad right of way or on the construction site". Has the North County Transit Authority approved this use of right a way? The residents of our HOA are concerned with the fire hazard because of the existence of heavy brush. 3. The proposed permit jequires reconstruction of parcel C, 30-foot strip of land designated as emergency access roadway. How can the City require this reconstruction without prior landscape review and an approved maintenance agreement between Ocean Pointe and Windsong Cove HOA? Re: Grant Deed 82-237090, dated 1982, August 2. And the Declaration of Restrictions recorded as instrument 82-742544, dated 1982, August 6. (Attached) 4. How and where is Ocean Pointe going to store their construction materials? 5. The homeowners of The Windsong Palms have spent the past two years landscaping the rear property (easement) line with flowers. This landscaping was done on a private basis with contributions from individual homeowners. We request that any landscape improvements disturbed by the new Ocean Pointe construction be replaced in kind. 6. Due to the fact that the rear interior roadway of The Windsong Palms is designated as fire lanes only and no parking is permissible, how is the City permit going to insure proper use of this roadway? In addition. The Palms homeowners of The Windsong Cove HOA would like to address the following issues, so as to prevent future problems and misunderstandings: 6a. How will Ocean Pointe residents execute trash removal services? 6b. How will moving vans access their property so as to relocate the residents? 6c. How will service vehicles enter the Ocean Pointe development, i.e. UPS, water vendors, delivery trucks, etc...? 7. How can emergency vehicles traverse the emergency vehicle access easement onto the apron where Canario Street intersects with Aguila Street? Please reference City of Carlsbad Engineering Department drawing #305-1A, dated 03/21/90, of project # C.T. 83-4, sheet 3. 8. Construction of five guest-parking spaces, approved by the Board of Directors, will not be possible due to the reconstruction of Canario Street. These guest-parking spaces were approved on the original Palm's development plans approvals. Does the permit address compensation to The Windsong Cove HOA for the loss of said guest-parking spaces? In addition, during the reconstruction period five homeowners, some of which are elderly, will be adversely affected and inconvenienced as their existing parking spaces are in the immediate area scheduled to be under construction. Given that these homeowners are to find other means of loading and unloading and must find alternative parking it is imperative that we be informed of the time allocated for this reconstruction and that it be precise and fully disclosed. 9. Once the reconstruction of the intersection of Canario Street and Aguila Street is completed how will normal and rain water drainage, resulting in the obvious flow of water into the underground ramp, going to be addressed? 10. How will the reconstruction of the sewer and water lines at the intersection of Canario Street and Aguila Street effect the existing residents of The Palms and future utility expansion plans? 11. Please address the fire safety issue we have concerning the abandonment of the fire hydrant (FH) at the intersection of Canario Street and Aguila Street. 12. Given that the reconstruction of Canario Street and Aguila Street will create a serious blind spot for motorist and create a vehicle and pedestrian hazard (see stairs, note 3) an open area which allows for vehicles to see oncoming traffic should be provided at this intersection. This apron will seriously impact the safety and conveyance of The Windsong Palm homeowners. Where is developer going to relocate the existing mailboxes and garbage Dumpster? We submit the above concerns and request your response to these twelve issues. By notification of these issues and concerns we understand that this documentation will become a part of the permit approval process and that resolution will be obtained prior to the issuance of the building permit. Your immediate written response is most appreciated. Sincerely, Jim McCloskey 76°- ' President of the Windsong Cove Homeowner's Association 4 to 5 HBCORDINO REQUESTED BY: UNO TITLE INSURANCE COMPANY RECORDING KEOUtSTED BY AND WHtN HCCONOCO MkH. THIS DCCD AND. UNLIBSOTHIHWISI SHOWN MtOW. HAIL TAX STATKMINTS To: H.N. Fapagayo .„„„ P. O. BOX 787 A.MIU Carlsbad Ca -92008 ClTV. •TAT* XW Tills Order Ho. 336091-P txm, No. T»x Pirce! No. - 473 82-237090 B8ZAUG-2 Rl 11=21 I VERAL.!'a.'-' Ij coutimiiiuniioi j This space for Renrorr's u< RF ^-- MG (' UF \ I TXPO fc Corporation Grant Deed THE UNDERSIGNED GRANTOR(s) DECLARE(s) DOCOMBNTART TRANSFER TAX ii l..99.NE._NO_CpNSIDERATIOH Q onpited m full 'line o( property tonyejed, or D tommhd en loll Ttlue Itu nine al ll«ni or menmbrancn remtininf it Unw of ule, Q Untaonporatal Am (J City ot__Cat.labad. . «nd FOR A VALUABLE CONSIDERATION, receipt of which is hereby Acknowledged, ALLSTATE SiVOCS AND LOAH ASSOCIATION, a California corporation hereby GRANT(S) to HUNTS FAKTRnSRIF, a California Halted partnership the following deserted real property in the City of State ol California: , County of Sin Diego, NoTrt-exclosl*e easements for Ingress and egress for pedstrlan valkvays, private roadways and utilities over, under, along and across those portions of Lot 4 of CARLSBAD TRACT HO. 74-Z2, in the City of Carlsbad, County of San Diego, State of California, according to the Map thereof No. 8107 filed in the Office of the County Recorder of San Diego County,Hay 1, 197S, described as follows: See attached legal description narked Exhibit "A" and by this reference made a part hereof. Daled May 11. 1982 STATE OF CALIFOBNIA, COUNTY OF-—Los-Angeles. a Curponlfon M«v 11. 19B2 Allstate Savingg_aa<i Lo«o Association -before mi. Ids imoW Nolnr Mat h ml tm afcl Cmmly snd SUlc, pct- pi - ' BMT4-"" p V.at-rm _ _ known hi mo lo k BDorothvP. -Bnt tre Ftnhfent. am)Vtrler Aaat.— known lo me h) be r of (he corporalion Ihst occoltd Ihc ollhln Irnlmsal, bowii to me to he Iho penoca who oeental the wlihfci ln«]»ii«jl on hehilf of (he eMecmUon (hnrin mined, mi MswwMned lo ino thil ndi uporaBon eieeuted die wBkfe hmiuirJil pumnnt to Ib by-hwi or of Me SMBd of dlrrcton. FOR NOTAHV SCAl. OFFIClALnSEAL 5 ITAREN K. SPISAKNOTABY MJIUC • CAUFORNIA LOS Miaifj counrMr turn, aplm AW O. II MAI. m snnnom TO mrr SHOWN M rouomwi imt: if NO rum so SHOOT, nut « ontcm Strttt Addnn Order: EXP-YH-00053996 Description: 1982.237090 Page M NANCY MCOUMNO ' LAND TrrLE irCURANCZ OOMF AWTRecorded at tha Raqveet of and Whaa Reeorded Retam toi ALL8TATB 8AVWOB AMD LOAM TOI North Brand BouloTerd OlendaJe, California »1»1 Attentiom Frank J. Dude, Jr., Bao,. (Space Abort Thlf Une For Reeb«derV nae *tmgT'AW DECLARATION This Flrtt Amendment to Declaration of Beatrietiona for Wlndaonf Cova b made thtejjh day offuf^t. 1M1, by ALLSTATB SAYINGS AMD LOAN ASSOCIATION, a California corporation (herein after referred to ai "Decla- rant") with reference to tha foDowiaf faotst A. Declarant b tha owner of that certain real property (tha Property*) located In the City of Car l« bad, County of San Dlafp, California, more particularly daaeribed an •Lot S of CARLSBAD TRACT NO. T4-W aoeordlnf to Map thereof No. HIT filed with the County Recorder of San Dlcf<> Cownty oa M*y I, IfTS, excepting therefrom that portion. If any, heretofore or now lylnf below the meanKlfto tide line of the Pacific Ocean." B. On or about May », IMt Declarant accented that certain Deelaratloa of Baetrletion* for Wlndaoaf Cove (hereinafter referred to at tha "Declaration") anevmberinf the Condominium Property, whleh Declaration ware recorded oa Jane T, 1MJ, a* btetrament No. 1T1M7 la the Office of the County Recorder of Saa Dlofo Covnty, State of Calif oral a. C. Declarant deeirea to correct certain material typofraphleal arron on pafaa S and 13 of tha Declaration and to alarlfy certain language contained la Article D, Section T of the Dedaratloni and otherwise to amend the Declaration at Ml forth hereinafter. D. All tor a* wed la thb Pint Amendment to Declaration which are defined la tha Declaration than have the tame meaniitf herein aa la tha Deelaratloa, aalaaa tha ooatazt thereof Indicate* that they are to have other maanlaff. NOW, TBBRKFORB, Daalaraat haraby amend* Mid Declaratiaa aa foDowit 1. BedtaJ D at paga I of tha Declaration b haraby amended by dalatinf tha umber *Uf *m* laaertiaf to pUee thereof the •timber I. ArtieU XI, Station Ufa) at pa«« » af tha Daalara- ttoa b haraby amoBtfod by dalatinf tha avaibar "J4T and laaertlne: In pUoa tharaof tha naaibar •»/ I. Artlela I, Saetion 11 at pp. 4-1 of tha Daelantlon,and Artlala XB, Sa^looa 11(a) and 1Kb) at pa«ra » of tha Declaration ar« haraby aaandad by dalatinf tha worda "Baeltal I* and Inaartlnf la plaea tharaof tha wordi TUalUl D.* RCF.U/ttOMl | Jat •a I'P • frl vV 0 /^c .!< ""- I 'IftX ~\i \*\b' •0*. 569 4. Article m, Section T at page I of the Declaration la hereby deleted In lt§ entirety aad the following paragraph ta hereby tab* stltated In place thereof t •Section 7« The lien of the assessments, Interest, penalties, costs and attorn*?*1 fees provided for herein shall b« subordinate to th« lien of any flnt Mortgage made In food faith and for value upon anyCondominium. A transfer of an Interest In a Condo- minium M tlM result of th« exercise of a power of sale or a Jodlelal foreclosure Involving a default under any first Mortgage shall extinguish the lien of assessments which war* du« and payable prior to the transfer. Such Mia or transfer shall not relieve any Condominium from IJan riffhts for any assessments becoming due and pay- able after the sale or transfer." li Recital I at page t of the Declaration Is hereby amended by dejetinf the words "Heal Property (defined below)", and by In- serting In plaee thereof the words "Condominium Property, and all present and future Owners of the remainirej portions of the Real Property (defined below), If some or all of the renalnlnf portions of the Real Property shall be annexed to the Project M provided herein.' I. The Parafraph on pafas I and ) of the Declaration befinnlnf with the words "MOW, THEREFORE,* to hereby amended by deletlnf tha words "Real Property* wherever the same appear, and by Inserting in place thereof the words "Condominium Property". 7. Article XH, Section 4 at per* 12 of the Declaration h hereby amended by aodtnf the following sentence to the end thereof! •Nothing In this Section shall serve In any manner to limit, dimlnUh or affect the unilateral right of Declarant, pursuant to and In accordance with Article XH, Section 1Kb) hereof, to annei one or more phases consti- tuting the Reel Property, as defined herein." I. Article xn, Section 11 at page IS of the Declaration,Babseetloa (c)(ll), M hereby amended by deleting the following words thereof i "Declarant hereby grants," aad by Inserting In plsee thereof the following word*< "Declarant hereby covenants to grant, concurrently with and as a condition to Its annexation late the Project of one or more of phases X, 3, 4 or I of the leal Property,". t. A new Section IS is hereby added to Article XH of the 1 Declaration, at page M thereof, a* foflowat r*[yiiMfi*«* Wi€ ^Section 13. Declarant hereby fwaanae tp >t«air the _ te ffanfl a aoo-erclatir» ejeenent of .Ingctji and egutt, for ptdsw- trlaj uses and road «se In, on aad over that portion of the Cgndjojinlua Property eoaetltattng the csadi thereon, 453 the if\^t\l U> pfflfc a acn -exclusive aas+aenj over the Condp mini mn Prapert y for InetaHation of jJUJLHei (provided that such utility Installations shall not encroach upon any baOdiof rite), for the Ualted pcrpoee of granting such eceemeats to or for the benefit of OJUMTJ of eoodomlnJuim In LMs 1, I, 4 and 1 of Tract 74-11, according to Map Ho. im, recorded M lostnuaent No Tt-ll4Wl m May 1, lt7S, la the Office of the County Recorder of Sen Diego County] pjsjided, that If the easements reserved by Declarant herein are not granted M provided herein within titr_e_e_yjiarj after the date of the - 570 oriffiaal issuance by the California Department \»f Real Batata of the final subdivision Public Report coverinc Lot It tueh reservation of rights to (rant easements shall upon expiration of such three year period:expire, terminate and cease.* Of WTTK138 WHZREOF, this Pint Amendment to O«clvatien of K«*tr1etlon§ for Wlndtonf Cov* WM •••eut*d M of th4 <Ut« flrft written above. ALLSTATE BAVWQS AMD LOAM ASSOC1ATIOH, • California eorporatlon 4 IU It! •TATS OF CALIFORNIA COOHTT OF U» MKSJB On Aucvtt*2> , IMS, before me, the tmd«r*tfM4t t Notary Public la and for (aid Couaty and SUte, Mnonally appeared Trtrt. J. Duda, Jr. , VJOB Pr»«ident the' known to BO to be the Known to me to be Aa»l»tant Secrctaryof ALLSTAT1 8AVWGB AWD LOAN ASSOCIATION, a Californla corporation, known to me to be the pertcm who executed the within Initrtiment on behalf of ALLSTAT2 SAVQfOB AND LOAN ASSOCIATION, and acknowledfed to me that ta«h eerporation exe«vted the within Instrument punuant to It* Bylawe or a re*olotioR of it» board of director*. IN lUTMKSS WHBRZOF, I hare hereunto *et ay hand and affixed my offleial *eal. (SKJU.) u»j^J <\ \ Notary Pvb\ Notary OmOALBAL Mr FMUC • CM»MM/Moa COURT Hofman Planning Associates Letter of Transmittal Planning Project Management Fiscal Analysis Date: August 27,1999 Project: WINDSONG/REGIS Delivered by: HPA Attention: Christer Westman Message: Christer, The following is in regards to the Windsong Shores temporary sales trailer location and parking facilities. Please review and contact me at 438-1465 with any questions or comments. From: Mike Howes (MA) 5900 Pasteur Court • Ste 150 • Carlsbad • CA • 92008 • 760-438-1465 • Fax 760-438-2443 Hofman Planning Associates P'anning Project Management Fiscal Analysis August 27,1999 Gary Wayne City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92008 SUBJECT: WINDSONG SHORES TEMPORARY SALES TRAILER LOCATION Dear Gary: This letter is a response to conversations with you and Christer Westman regarding the location of the sales trailer parking facilities for the Windsong Shores Project. You stated that our proposed on- street parking along the Harbor Drive cul-de-sac would not be acceptable and suggested we provide access through the construction easement and create an off-street parking facility next to the sales trailer. We understand the concern staff has about this parking arrangement producing potential impacts to the existing residence of Harbor Drive. However, this is the location that was originally approved for Marlbourough (see attached aerial photo). The sales office was open and operating for sometime during the construction process and in fact Sares Regis has been told that approximately 15 reservations were taken from this facility. Since there are no existing curb cuts on the cul-de-sac, it appeared that sales traffic had to park on Harbor Drive at the end of the street. The construction easement, which was granted to the Regis Group by the North County Transit District, does not allow railroad right of way in close proximity to the railroad tracks which engenders issues associated with safety especially when you are combining construction traffic with public traffic. The agreement between NCTD also requires that the entrance gate leading to the construction easement remain closed and locked at all times with the exception of construction workers coming in and out of the easement. NCTD also requires that all construction workers who utilize this easement must have a minimum amount of insurance coverage to cover liability issues. All construction workers must be checked for minimum coverage before they are allowed to utilize this easement. The general public can not follow these requirements and would become a liability both to Regis and to NCTD. Given the liability issues which could potentially occur if the public was allowed to utilize the construction easement, it would be very difficult, if not impossible, to convince NCTD to allow the general public as well as construction traffic to utilize this access. The temporary sales trailer would exist for only twelve months and is proposed in the same place as was previously approved for the Marlbourough Development Corporation. In reviewing the currently proposed parking area along the Harbor Drive cul-de-sac, it is understandable that Staff is concerned about impacts to surrounding residents. However, to mitigate these impacts, the Regis Group will Dosreur 3c_rt • Suite 150 • Car'sbcd • CA 9200S • ','7cO"! 438-'--::: • -: ' - • landscape the bulb of the cul-de-sac to make it more aesthetically pleasing to residents of Harbor Drive. If the City allowed for the construction of a temporary on-site parking lot at the end of Harbor Drive, people visiting the site would not have to park on Harbor Drive. This would eliminate any impacts cased by on-street parking. This temporary parking area as well as the temporary sales trailer would both be removed when the models are completed in approximately on year. The attached exhibit shows how this on-site temporary parking could be accommodated. Permanent access to the model would be through the multi-family units before the models are completed is not possible because of construction which will be occurring on and under the existing parking structure. We believe that the solution provided in this letter is the only viable alternative and will minimize the impacts to the existing residents. It is our goal to work with Staff and residents of Harbor Drive to develop possible solutions to the potential, temporary parking problem associated with the sales trailer. If needed, we would like to set up a meeting to discuss this issue further. We appreciate your time and consideration on this matter. Sincerely, Mike Howes cc. Jerry Gahan Christer Westman attachments : VSZff? via III f II.III.MMin tii.ri4.nti January 19, 2000 Mike Holtzmiller, City of Carlsbad, Planning Director 2075 Las Palmas Drive Carlsbad, CA 92008' Dear Mr. Holtzmiller: Re: Agua Hedionda H.O.A. and Ocean Pointe Development Currently the Sares-Regis Group is building 86 Condominium Units on the north shore of Agua Hedionda Lagoon. It has come to the attention of the Agua Hedionda HOA Board of Directors (50 Condominium Units) that there are several potential problems that exist or that will be created by the development of this building project. Therefore, we would like to address these issues with the City of Carlsbad so as to prevent future problems and misunderstandings. Specifically, the future homeowners of Ocean Pointe will have access through Windsong Cove property for ingress and egress only to their living units. However, there currently exists NO plans or agreement as to the following issues: 1 . How will Ocean Pointe residents execute trash removal services? 2. How will moving vans enter their property so as to relocate the new residents? 3 . How will the new homeowners receive their mail? 4. How will service vehicles enter the Ocean Pointe development, i.e. UPS, water vendors, delivery trucks, etc. . .? The fact that the residents of Ocean Pointe have NO rights to Agua Hedionda common areas coupled with the fact that there are NO proposed surface roads on the Ocean Pointe property will create a logistical nightmare for both the residents of Agua Hedionda and Ocean Pointe. Let this letter serve as forma! notice that the Board of Directors of Agua Hedionda HOA formally request a meeting with City of Carlsbad officials in order to adequately address these issues and prevent future problems. Sincerely, Board of Directors, Agua Hedionda HOA cc: Mr. Pat Kelley, City of Carlsbad, Principal Building Inspector Mr. Jerry Gahan, Project Manager Sares-Regis Group California Coastal Commission January 18,2000 Mike Holtzmiller, City of Carlsbad, Planning Director 2075 Las Palmas Drive Carlsbad, CA 92008 5 Dear Mr. Holtzmiller: Re: Windsong Cove H.O.A. and Ocean Pointe Development Currently the Sares-Regis Group is building 86 Condominium Units on the north shore of Agua Hedionda Lagoon. In the future, forty-four (44) more units are planned west of Harbor Drive. It has come to the attention of the Windsong Cove HOA Board of Directors (161 Condominium Units) that there are several potential problems that exist or that will be created by the development of this building project. Therefore, we would like to address these issues with the City of Carlsbad so as to prevent future problems and misunderstandings. Specifically, the future homeowners of Ocean Pointe will have access through Windsong Cove property for ingress and egress only to their living units. However, there currently exists NO plans or agreement as to the following issues: 1 . How will Ocean Pointe residents execute trash removal services? 2. How will moving vans enter their property so as to relocate the new residents? 3. How will the new homeowners receive their mail? 4. How will service vehicles enter the Ocean Pointe development, i.e. UPS, water vendors, delivery trucks, etc. . .? The fact that the residents of Ocean Pointe have NO rights to Windsong Cove common areas coupled with the fact that there are NO proposed surface roads on the Ocean Pointe property will create a logistical nightmare for both the residents of Windsong Cove and Ocean Pointe. Note: no permits currently exist on Ocean Pointe's property west of Harbor drive. Since ALL surface roads within Windsong Palms are designated FIRE LANES, how are the above issues going to be accomplished? Windsong Palms (72 Units) are located west of Harbor Drive. Let this letter serve as formal notice that the Board of Directors of Windsong Cove HOA formally request a meeting with City of Carlsbad officials in order to adequately address these issues and prevent future problems. Sincerely, Ja**i Barnesarnes E. McCloskey, Board of Directors, Windsong Cove HOA cc: Mr. Pat Kelley, City of Carlsbad, Principal Building Inspector Mr. Jerry Gahan, Project Manager Sares-Regis Group California Coastal Commission C/l 9-2 oo 8 JACKSON, DEMARCO <& PECKENPAUGH LANCE A. ADAIR MARC D. ALEXANDER STEPHEN G. MASON RUTH R. M1JOSKOVC JOWN C. CONDAS THOMAS O. P GREGORY P. r. SCOTT . SHERI L. MARVIN JEAN M. WRAITH A LAW CORPORATION 4 PARK PLAZA - I6r" FLOOR POST OFFICE BOX 19704 IRVINE, CALIFORNIA 92623-97O4 (949) 753-eSSS FAX: 1949) 7B2-OS97 ""--VENTURA COUNTY OFFICE A 2SO N. WESTLAKE BLVD. & SUITE 20Q WESTLAKE VILLAGE. CALIFORNIA January 28, 2000 mi PLANNING D£f-AS'W£!\''-,,EX l'.ii-: 0' (eOB) E3O-OO23 FAX: (SOS) 23O-OO87 WRITER'S DIRECT DIAL NUMBER: 949/851-7422 INTERNET: jcondas@jdplaw.com OUR FILE NUMBER: 28206 Mr. James E. McCloskey Board of Directors Windsong Cove Homeowners Association 4016Aquila, Apt. G Carlsbad, CA 92008-4150 Re: Ocean Pointe Project ("Project"} Dear Mr. McCloskey: We represent Windsong-Carlsbad L.P. ("Windsong-Carlsbad"), developer of Ocean Pointe (the "Project"), a 130-unit condominium project adjacent to properties owned by Windsong Cove Condominium Association, Agua Hedionda Association, (collectively, "HOA") and their homeowners. This is in response to your January 18, 2000 letter to Michael Holtzmiller, Planning Director for the City of Carlsbad ("City"). We understand that Windsong-Carlsbad was surprised when it received a copy of your letter to Mr. Holtzmiller. Windsong-Carlsbad has been attempting to resolve various access issues with the HOA. We also understand that the HOA had promised to discuss various expense sharing agreements prepared by Windsong-Carlsbad with the "Access Committee" of the HOA. Windsong-Carlsbad hopes that your letter is not indicative of the HOA's posture towards the Project. Windsong-Carlsbad hopes that the various access issues between Windsong-Carlsbad and the HOA can be resolved amicably. Your letter seems to imply that you believe that Windsong-Carlsbad and its potential future homeowners will have access to the Ocean Pointe property, across property owned by the HOA, but this access is limited only to ingress and egress by homeowners and other residents of the Project. Your letter questions how Ocean Pointe residents will have their trash removed, and how moving vans, mail trucks and other service vehicles will access the Ocean Pointe property. , JACKSON, DEMARCO & PECKENPAUGH Mr. James E. McCloskey January 28, 2000 Page 2 Both Windsong-Carlsbad and its future residents have access across the adjacent properties, pursuant to recorded easements which guarantee public street access to the Ocean Pointe property. These grants of access are broad and are not limited only to ingress and egress for potential Ocean Pointe homeowners. Rather, these recorded easements authorize access to virtually any vehicle which would reasonably be required by owners of the Ocean Pointe property. Based on our review of the law, we believe that the rights conveyed by Windsong- Carlsbad's easement are similar in scope to the rights granted outside vehicles visiting owners of the HOA. Many reasons exist for entry onto private property which, while not strictly enumerated in any grant of easement, are nevertheless permitted because they are reasonably foreseeable in connection with the residential use of the affected property. Aside from these recorded documents, which are dispositive, further support for Windsong-Carlsbad's broad access rights include actions taken by the City. The City accepted and holds recorded easements across the HOA property for access, including emergency vehicle access and trash truck access, which are coterminous to the easements held by Windsong- Carlsbad. Also, the City has previously determined that access to the Ocean Pointe Project was satisfactory. Condition 40 of the tentative subdivision map for the Ocean Pointe Project provides: "The applicant [original developer of the Project] shall demonstrate to the City Engineer that access rights to Chinquapin Avenue have been recorded with the County Recorder guaranteeing access through the existing development to the north prior to approval of the final map." Through the City's approval of the Ocean Pointe final subdivision map, it is presumed that the City determined that the Project's access was satisfactory. Certainly the potential visitors to the Ocean Pointe property that you cite, namely, trash trucks, moving vans, mail delivery and the like, were typical and contemplated users of such access. Also, your letter states that no permits exist for the west part of the Project. We assume that you are referring to the 44-unit component of the Project. If this is the case, this is incorrect. The Project received all discretionary permits from the City and the California Coastal Commission to authorize construction of the Project, a 130-unit condominium project. While the 86-unit component of the Project may be on a separate parcel from the 44 units, and Windsong- Carlsbad may choose to build the 86 units before it develops the 44 units, please be advised that the entitlements allow construction of the entire Project, not merely the 86 units. If you are interested, we would be more than happy to meet with you to explain the entitlements history of the Project. .. JACKSON, DEMARCO & PECKENPAUGH Mr. James E. McCloskey January 28, 2000 Page 3 Windsong-Carlsbad made a substantial investment in purchasing the Ocean Pointe property. It has made additional substantial binding financial commitments to develop the Project. Due to this tremendous financial investment, please be advised that Windsong-Carlsbad will take all necessary steps required to insure that it can develop the Project as approved, and it will take all necessary action to protect its valuable access rights. Nonetheless, Windsong-Carlsbad still is interested in meeting with the Access Committee of the HO A to finalize the Memorandum of Shared Expense Agreements and the Agreement Regarding Entry Facilities. These agreements will benefit all Windsong Cove and Agua Hedionda homeowners by requiring Windsong-Carlsbad to contribute to the maintenance of the shared access facilities in those communities to the Project, and to upgrade the security gates, landscaping and related improvements at the public street entrances. Please contact us if you have any questions regarding this. Very truly yours,, JCC/may 350139.1 cc: Mr. Michael Holtzmiller Mr. Pat Kelley California Coastal Commission Jdhn C. Condas January 18,2000 Mike Holtzmiller, City of Carlsbad, Planning Director 2075 Las Palmas Drive Carlsbad, CA 92008 ' Dear Mr. Holtzmiller: V Re: Windsong Cove H.O.A. and Ocean Pointe Development Currently the Sares-Regis Group is building 86 Condominium Units on the north shore of Agua Hedionda Lagoon. In the future, forty-four (44) more units are planned west of Harbor Drive. It has come to the attention of the Windsong Cove HOA Board of Directors (161 Condominium Units) that there are several potential problems that exist or that will be created by the development of this building project. Therefore, we would like to address these issues with the City of Carlsbad so as to prevent future problems and misunderstandings. Specifically, the future homeowners of Ocean Pointe will have access through Windsong Cove property for ingress and egress only to their living units. However, there currently exists NO plans or agreement as to the following issues: 1 . Mow will Ocean Pointe residents execute trash removal services? 2. How will moving vans enter their property so as to relocate the new residents? 3. How will the new homeowners receive their mail? 4. How will service vehicles enter the Ocean Pointe development, i.e. UPS, water vendors, delivery trucks, etc. ..? The fact that the residents of Ocean Pointe have NO rights to Windsong Cove common areas coupled with the fact that there are NO proposed surface roads on the Ocean Pointe property will create a logistical nightmare for both the residents of Windsong Cove and Ocean Pointe. Note: no permits currently exist on Ocean Pointe's property west of Harbor drive. Since ALL surface roads within Windsong Palms are designated FIRE LANES, how are the above issues going to be accomplished? Windsong Palms (72 Units) are located west of Harbor Drive. Let this letter serve as formal notice that the Board of Directors of Windsong Cove HOA formally request a meeting with City of Carlsbad officials in order to adequately address these issues and prevent future problems. Sincerely, E. McCloskey, //<2€ / iot>o Board of Directors, Windsong Cove HOA cc: Mr. Pat Kelley, City of Carlsbad, Principal Building Inspector Mr. Jerry Gahan, Project Manager Sares-Regis Group California Coastal Commission *} 100$ January 19,2000 Mike Holtzmiller, City of Carlsbad, Planning Director 2075 Las Palmas Drive Carlsbad, CA 92008* Dear Mr. Holtzmiller: Re: Agua Hedionda H.O.A. and Ocean Pointe Development Currently the Sares-Regis Group is building 86 Condominium Units on the north shore of Agua Hedionda Lagoon. It has come to the attention of the Agua Hedionda HOA Board of Directors (50 Condominium Units) that there are several potential problems that exist or that will be created by the development of this building project. Therefore, we would like to address these issues with the City of Carlsbad so as to prevent future problems and misunderstandings. Specifically, the future homeowners of Ocean Pointe will have access through Windsong Cove property for ingress and egress only to their living units. However, there currently exists NO plans or agreement as to the following issues: 1 . How will Ocean Pointe residents execute trash removal services? 2. How will moving vans enter their property so as to relocate the new residents? 3 . How will the new homeowners receive their mail? 4. How will service vehicles enter the Ocean Pointe development, i.e. UPS, water vendors, delivery trucks, etc. . .? The fact that the residents of Ocean Pointe have NO rights to Agua Hedionda common areas coupled with the fact that there are NO proposed surface roads on the Ocean Pointe property will create a logistical nightmare for both the residents of Agua Hedionda and Ocean Pointe. Let this letter serve as formal notice that the Board of Directors of Agua Hedionda HOA formally request a meeting with City of Carlsbad officials in order to adequately address these issues and prevent future problems. Sincerely, Board of Directors, Agua Hedionda HOA cc: Mr. Pat Kelley, City of Carlsbad, Principal Building Inspector Mr. Jerry Gahan, Project Manager Sares-Regis Group California Coastal Commission 08/24/2000 14:50 7604382443 HOFMAN PLANNING PAGE 02 Hofman Planning Associates Planning Project Management Fiscal Analysis August 24,2000 Christer Westman City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Subject: Ocean Pointe (CT 83-4) - Patio Noise Barriers Dear Christer: The purpose of this letter is to confirm our conversation this morning regarding patio noise barriers for Ocean Pointe (CT 83-4). Per our discussion, you have reviewed our August 18,2000 letter which requested a revision to allow 5.5' - 6' high noise barriers for patios and balconies on units that face the freeway and the railroad to replace the metal railing shown on previous plans and you have presented this proposal at your team meeting. You stated that there were no issues with this proposal and it is our understanding that we simply need to show the noise wall revisions on the plans and submit the revisions to you. If I have misunderstood anything of if you have any additional comments please call me at 438- 1465. Sincerely, Stuart Fisk c, Tom Haynes; Regis Homes 5900 Pasteur Court • Suite 150 • Carlsbad • CA 92008 • (760)438-1465 • Fax; (760)438-2443 Hofman Planning Associates Planning Project Management Fiscal Analysis August 18,2000 Christer Westman City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Subject: Ocean Pointe (CT 83-4) - Patio Noise Barriers Dear Christer: Thank you for meeting with Tom Haynes and me to discuss patio noise barriers for Ocean Pointe (CT 83-4). Per our discussion, to comply with Condition No. 25 of Planning Commission Resolution No. 2186 (CT 83-4) and the mitigation measures of EIR 83-3 (p. 71) we are proposing 5.5' - 6' high noise barriers for patios and balconies on units that face the freeway and the railroad in place of the metal railing shown on previous plans. Exhibit "A" is a detail of the proposed noise barrier which shows the construction of the proposed noise barrier as 1/4" thick clear glass or plastic with 2" diameter aluminum posts and 2" diameter rails. The left half of the elevation shown on Exhibit "B" incorporates the proposed patio noise barriers, while the right half of the exhibit shows the metal railing. We believe that the proposed noise barrier will satisfy the above-mentioned condition of approval while complimenting the architectural style of the building and are therefore requesting administrative approval of this change. If you have any questions or need any additional information please call me at 438-1465. Sincerely, Mike Howes attachments c. Tom Haynes; Regis Homes 5900 Pasteur Court • Suite 150 • Carlsbad • CA 92008 • (760)438-1465 ° Fax: (760)438-2443 EXHIBIT "A1 oo 0-0 L\ II ^n T !! \ -FIRE RATED STUCCO WALL CLEAR GLASS OR PLASTIC 2" DIAMETER ALUMINUM POSTS 2" DIAMETER ALUMINUM RAILS DOOR TO STAIRS FIRE-RATED STUCCO WALL CLEAR GLASS OR PLASTIC 2" DIAMETER ALUMINUM POSTS AND RAILINGS GLASS RAILING SYSTEM RETURNS TO UNIT WALL ALONG BALCONY RAIL EXCEPT WHERE FIRE-RATED STUCCO WALL OR GATE OCCURS EXHIBIT "B" PROPOSED NOISE BARRIERS METAL RAILING IHFORMATIOH ITEM DATE: APRIL 1, 1987 TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT SUBJECT: MODIFICATION TO APPROVED RECREATION FACILITIES OF SP- 31(A)/CT 74-22 - PAPAGAYO - AGUA HEDIONDA HOMEOWNER'S ASSOCIATION, APN; 206-222-18 The Board of Directors of the Agua Hedionda Homeowner's Association has requested a modification to their approved recreation facilities (see Exhibit "A"). There are two parts to the request. First is the demolition of the approved 50 foot high view tower and the 2304 square foot recreation building (see Exhibit "B"). Second is the replacement of these facilities with a 570 square foot recreation building (see Exhibit "C"). These requests represent a 75% reduction of approved interior common recreation space. However, even with this reduction, the project will continue to exceed the current minimum standards for common recreation facilities in condominium projects. The Board of Directors cite two reasons for the request. First is the cost of repairs to the existing recreation building. The Association has sued the developer over defective construction. The suit has been settled, and the Association is now initiating repairs. This request is a part of the Association's overall repair program. The second reason cited is the cost of liability insurance for the view tower. At the present time, the project is operating more as an apartment complex than a condominium and may be subject to more liability risk. Only 12 of the 50 condominiums are owner occupied. This low occupancy level may be in part due to the defective construction, subsequent lawsuit, and associated difficulty in selling and buying a unit. Staff believes the request should be granted for the following reasons: 1. The request is minor in nature and staff would recommend that a public hearing is not needed. 2. The present day standards for common recreational facilities in condominium projects will still be exceeded. 3. The Homeowner's Association will be better able to reduce risks to public safety without severely lessening residential recreational opportunities. LBS:dm 3/25/87 Hofman Planning Associates Planning Project Management Fiscal Analysis Octobers, 1999 Christer Westman City of Carlsbad 2075 Las Palmas Road Carlsbad, CA 92008 SUBJECT: TEMPORARY SALES TRAILER FOR WINDSONG SHORES Dear Christer: The purpose of this letter is to confirm the results of your conversation with Michael Holzmiller regarding the location of the temporary sales trailer for the Windsong Shores project. It was our understanding that Mr. Holzmiller reviewed the September 23 letter from Hofman Planning regarding the results of the meeting held by the residents of Harbor Drive concerning this sales trailer. Based upon the request of the residents, Mr. Holzmiller agreed that the proposed temporary sales location at the end of Harbor Drive was an acceptable location as long as no curb cut or parking lot is established at the end of the cul-de-sac. Both the residents of Harbor Drive and Mr. Holzmiller acknowledge that on-street parking at the end of the cul-de-sac is the best way to accommodate parking for the temporary sales trailer. With this Planning Department approval, Regis Homes L.P. will proceed with attaining a permit for the temporary sales trailer. If any of the above stated information is incorrect, please call me at (760) 438-1465. We appreciate all the time and consideration you spent on this project. Sincerely, /%*%$ Mike Howes 5900 Pasteur Court • Suite 150 • Carlsbad • CA 92008 • (760)438-1465 » Fax: (760)438-2443 Hofmon Planning A iat Planning Project Management Fiscal Analysis September 23,1999 Michael Holzmiller City of Carlsbad 2075 Las Palmas Road Carlsbad, Ca 92008 SUBJECT: WINDSONG SHORES TEMPORARY SALES TRAILER Dear Michael: Based on your direction, Jerry Gahan of Regis Homes, L.P. has met with all of the residents of Harbor Drive to inform them of his desire to locate a temporary sales trailer at the end of the Harbor Drive cul-de-sac. In Jerry's discussions with the residents, he found that a good number wised to see the project complete and did not oppose the placement of the sales trailer. However, the residents were strongly opposed to a parking lot at the end of Harbor Drive. After Jerry had met with the residents of Harbor Drive and explained the alternatives available for accommodating the sales trailer, the residents held their own meeting at the residence of Robert G. Crabtree at 4070 Harbor Drive. Attached is a letter addressed to Jerry Gahan of Regis Homes regarding the results of the meeting held by the residents of Harbor Drive concerning parking for the proposed temporary sales trailer. The residents are strongly opposed to the concept of having vehicular access to a parking lot at the end of Harbor Drive. They contend that if a curb cut was established to allow for off-street parking, this may be utilized as an access point in the future. However, the residents all agreed that they have no opposition to the location of the temporary sales trailer or allowing potential homeowners to park at the end of the Harbor Drive cul-de-sac. In order to address the residents' main concern regarding access, a map will be posted in the trailer which clearly illustrates the location of the permanent access to the Windsong Shores project. Based on the results of this meeting, it is our belief that the best solution to this dilemma is to locate the temporary sales trailer at the end of Harbor Drive and allow potential home owners to park at the end of the cul-de-sac. This solution is consistent with the wishes of Regis Homes L.P. and the residents living on Harbor Drive. Sincerely, Mike res cc: Gary Wayne Christer Westman Attachments 5900 Pasteur Court • Suite 150 • Carlsbad • CA 92008 • (760)438-1465 • Fax: (760)438-2443 ROBERT G. CRABTREE 4070 Harbor Drive Carlsbad, CA 92008-4113 (760) 729-5784 email: bobcrabtree@prodigy.net September 18, 1999 Jerry Gahan, Senior Project Manager, Regis Homes, L.P. 1825 Bardeen Avenue, Irvine California 92612-1520 Dear Jerry: The below listed residents and property owners of Harbor Drive attended a meeting at my home today conducted by Jim Hawes. We thoroughly discussed the impact of your proposition to place a trailer on your property with a parking lot. We are unanimously opposed to having vehicular access to a parking jot for your sales office at the end of Harbor Drive. There is obviously no objection to having your sales office on your own property. That is your right. Potential customers are free to park on Harbor Drive and walk through to your sales office. It is the consensus of the residents of Harbor Drive that you are misleading potential customers by using Harbor Drive instead of using access through your easements. Since the installation of the trailer is a part of construction, we expect that you will move it onto your property by way of the railroad access. Sincerely, Robert G. Crabtree and / / James Hawes Hong Shu Carmen Morocco Ruby Morocco Jan Meyer Ramona Fletes James Hawes Marsha Hawes HARBOR DRIVER PROPERTY OWNERS AND RESIDENTS I certify I have read the attached letter and agree with its contents. 4025 Harbor Dr. 4030 Harbor Dr. 4030 Harbor Dr. 4045 Harbor Dr. 4050 Harbor Dr. 4065 Harbor Dr. 4065 Harbor Dr. Robert G. Crabtree 4070 Harbor Dr. Alma C. Crabtree 4070 Harbor Dr. Gloria Watkins-Evans 4075 Harbor Dr. Steve Riccitelli 4080 Harbor Dr. 4095 Harbor Dr. 4098 Harbor Dr. 4098 Harbor Dr. 4125 Harbor Dr. 4130 Harbor Dr. 3120 nyon Street Anna Hill Ivan Meador Sandi Meador Art Henning Carl Knox Harold Gustafson Eddie Blackburn Edward Ruschewskf 4165 Harbor Dr. Mabel Ruschewskf 4165 Harbor Dr. Anna Leeds 4170 Harbor Dr. 4150 Harbor Dr. CITY OF CARLSBAD REQUEST FOR LEGAL ADVICE TO: CITY ATTORNEY Date Sent: March 26, 1999 FROM: Christer Westman Date Needed: April 2, 1999 Department: Planning SUBJECT: Potential purchaser of the property at the end of Harbor Drive (Windsong Shores CT 83-04) claims they should not be required to pay park-in-lieu fees because an open space easement has been dedicated over a portion of the property. ADVICE REQUESTED: Based on the available information (attached) do they have a legal claim to be exempt from paying park-in-lieu fees? BACKGROUND INFORMATION: Prepare synopsis of facts, giving as many as possible. Attach additional sheets if necessary, or copies of supporting documents. Attached are the approving resolutions: Planning Commission Resolution No. 2186 and City Council Resolution No. 7384 adopting the PC Resolution No. 2186. The cover sheet describing the easement is also attached. My assertion to them has been that the easement is just that, an easement for open space, and not a dedication for park lands. Prepared By: Approved Bv: Department Head Request Noted: City Manager THIS SIDeTOWvMiTORNEV'S OFEiGEUSE Prepared By: Date:. Written: Memorandum Opinion Oral: Brief Resume of Advice Rendered: If written, attach copy or make reference. Advice Noted: City Manager Q W V • ° 2 !t ££"'5LU ^* 5 * i§~2> P toi* 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO.7384 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A 140 UNIT TENTATIVE TRACT MAP (CT 83-4) AND CONDOMINIUM PERMIT (CP-227) ON A 10.15 ACRE PARCEL OF PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF AGUA HEDIONDA LAGOON BETWEEN 1-5 AND THE AT & SF RAILROAD. APPLICANT: WINDSONG SHORES CASE NO; CT 83-4/CP-227/EIR 83-3 WHEREAS, on September 28, 1983, the Carlsbad Planning Commission adopted Resolution No. 2186 recommending to the City Council that Tentative Tract Map (CT 83-4) and Condominium Permit (CP-227) be approved; and WHEREAS, on September 28, 1983, the Carlsbad Planning Commission adopted Resolution No. 2184 recommending to the Cii, Council that Environmental Impact Report (EIR 83-3) be certified; and WHEREAS, the City Council of the City of Carlsbad, on October 18, 1983, held a public hearing to consider the recommendations and heard all persons interested in or opposed to Tentative Tract Map (CT 83-4), Condominium Permit (CP-227) and Environmental Impact Report (EIR 83-3); and WHEREAS, an Environmental Impact Report (EIR 83-3) was prepared and certified as complete in satisfaction of the requirements of the City of Carlsbad Environmental Protection Ordinance of 1980 and the California Environmental Quality Act for CT 83-4 and CP-227; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California as follows: A. That the above recitations are true and correct. 1 2 3 4 5 6 7 8 9 10 11 12 | 1 13 || jf 14 -£<o 1 5*B o U -tv U.' ' _| j Ilia- 16 si'! I? s * 18 19 20 21 22 23 24 25 26 27 28 B. That the findings of the Planning Commission in Resolutions No. 2186 and No. 2184 constitute the findings of the City Council in this matter. C. That said Tentative Tract Map, together with the provisions for its design and improvement and subject to the conditions of this resolution, is consistent with all applicable general and specific plans of the City of Carlsbad. D. That Tentative Tract Map CT 83-4 and Condominium Permit CP-227 are hereby approved subject to all applicable requirements of the Carlsbad Municipal Code and to the satisfaction of the conditions contained in Planning Commissio- Resolution No. 2186, dated September 28, 1983 marked Exhibit .... attached hereto and made a part hereof. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California on the 1st day of November , 1983 by the following vote, to wit: AYES: Council Members Casler, Lewis, Rulchin, Chick and Prescott NOES : None ABSENT: None MARY H. CASLER, Mayor ATTEST: I J fl~~t ^ 2s u' r'xi *"~~7*~— -jP ALETHA L. RAUTENKRANZ v~"~n 2. 3 1 PLANNING COMMISSION RESOLUTION NO. 2186 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL FOR A 140 UNIT 3 TENTATIVE TRACT MAP AND CONDOMINIUM PERMIT ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF AGUA HEDIONDA LAGOO 4 BETWEEN 1-5 AND THE AT & SF RAILROAD. APPLICANT: WINDSONG SHORES 5 CASE NO.; CT 83-4/CP-227 6 WHEREAS, a verified application for certain property to, 7 wit: 8 Lot 5 of Carlsbad Tract 74-22 according to Map thereof No. 8107 filed May 1, 1975 9 has been filed with the City of Carlsbad, and referred to the 10 Planning Commission; and WHEREAS, said verified application constitutes a request 12 as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 28th day of14; September, 1983, hold a duly noticed public hearing as prescribed 15 | by law to consider said request; and16 WHEREAS, at said public hearing, upon hearing and 17 considering all testimony and arguments, if any, of all persons 18 desiring to be heard, said Commission considered all factors19 relating to the Tentative Tract Map and Condominium Permit. 20 NOW, THERFORE, BE IT HEREBY RESOLVED by the Planning 21 Commission as follows:22 A) That the above recitations are true and correct.23 B) That based on the evidence presented at the public hearing, th 24 Commission recommends APPROVAL of CT 83-4/CP-227, based on the following findings and subject to the following conditions:</u Findings: 26 1) The project is consistent with the City's general plan since 27 the overall density of the Windsong Shores development of 18 du's/acre is within the density range of 10-20 du's/acre 28 specified for the site as indicated on the land use element of the general plan 5 6 7 8 9 10 11 12 2) The site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed 3) The project is consistent with all City public facility pol- icies and ordinances since: 4 a) The Planning Commission has, by inclusion of an appropriate condition to this project, insured that the final map will not be approved unless the City Council finds that sewer service is available to serve the project. In addition, the Planning Commission has added a condition that a note shall be placed on the final map that building permits may not be issued for the project unless the City Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains available, and the Planning Commission is satisfied that the requirements of the public facilities element of the general plan have been met insofar as they apply to sewer service for this project. b) The Carlsbad School District has written a letter, dated February 25, 1983, stating that school facilities will be available to this project.JLo c) Park-in-lieu fees are required as a condition of approval. d) All necessary public improvements have been provided or will be required as conditions of approval. e) The applicant has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee, Performance of that contract and payment of the fee will enable this body to find that public facilities will be available concurrent with need as required by the general 15 16 17 18 19 20 22 23 24 25 26 27 28 PC RESO NO. 2186 4) The proposed project is consistent with the City's Planned Development Ordinance and also complies with the Design Guidelines Manual. 5) The proposed project is compatible with the surrounding future land uses since surrounding properties are designated for residential development on the general plan. 1 |6) That all significant impacts have been mitigated, the project has been changed so as to mitigate these impacts, or social or 2 economic factors exist which override these significant impacts as described below: 3 A) Traffic Circulation 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Impact; The proposed project will contribute to the need for a traffic signal at the intersection of Jefferson Street and Tamarack Avenue Mitigation; The applicant will be required to bond for and install a traffic signal at the intersection of Jefferson Street and Tamarack Avenue when it is warranted. B) Archaeology Impact; The project could destroy a significant archaeological site. Mitigation; A condition of the tentative map approval will require a detailed excavation and evaluation of the site. C) Noise Impact; Some of the units will be exposed to noise levels in excess of 65 CNEL. Mitigation; Noise barriers will be constructed on the decks. The interiors of the units will be heavily insulated. D) Visual Resources Impact; The proposed project will be highly visible from Interstate 5. Mitigation; The project has been designed to meander in and out towards the edge of the bluff and the units closest to the bluff have been reduced in height. Conditions; 1) Approval is granted for CT 83-4/CP-227, as shown on Exhibits "A" - "K", dated February 23, 1983, incorporated by reference and on file in the Land Use Planning Office. Development shall occur substantially as shown unless otherwise noted in these conditions. 2) This project is approved upon the express condition that the final map shall not be approved unless the City Council finds as of the time of such approval that sewer service is available to serve the subdivision. 3) This project is approved upon the express condition that building permits will not be issued for development of the subject property unless the City .Engineer determines that sewer facilities are available at the time of application for such sewer permits and will continue to be available until time of occupancy. This note shall be placed on the final map. PC RESO NO. 2186 3. 10 11 12 13 14 4) This project is approved upon the express condition that the applicant shall pay a public facilities fee as required by City Council Policy No. 17, dated April 2, 1982, on file with the City Clerk and incorporated herein by reference, and according to the agreement executed by the applicant for payment of said fee, a copy of that agreement, dated February 17, 1983, is on file with the City Clerk and incorporated herein by reference. If said fee is not paid as promised, this application will not be consistent with the General Plan and approval for this project shall be void. 5) The applicant shall pay park-in-lieu fees to the City, prior to the issuance of building permits as required by the Carlsbad Municipal Code 8 6) The applicant shall provide school fees to mitigate conditions of overcrowding as part of building permit application. These fees shall be based on the fee schedule in effect at the time Planning Manager prior to the issuance of building permits. 15 9) The applicant shall establish a homeowner's association and 16 17 18 19 20 21 22 23 24 26 27 of building permit application. 7) Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance. 8) The applicant shall prepare a reproducible mylar of the final site plan incorporating the conditions contained herein. Said site plan shall be submitted to and approved by the Land Use corresponding covenants, conditions and restrictions. The covenants, conditions and restrictions shall be sufficient to implement the conditions of this approval. The City shall have the right but not the obligation to enforce those covenants, conditions and restrictions which implement any conditions of this approval. Said CC&R's shall be submitted to and approved by the Land Use Planning Manager prior to final map approval. 10) The applicant shall prepare a detailed landscape and irrigation plan which shall be submitted to and approved by the Land Use Planning Manager prior to the issuance of building permits. Said plan shall include planting along the top of the slope for fire protection subject to the approval of the Fire Chief. 11) A 500' scale map of the subdivision shall be submitted to the Land Use Planning Manager prior to the recordation of the final map. Said map shall show all lots and streets within and adjacent to the project. 25 12) A master plan of the existing on site trees shall be provided to the Land Use Planning Manager as part of the final grading plan to determine which trees shall be required prior to the issuance of a grading permit or a building permit, whichever occurs first. 28 13) All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. This obligation shall be clearly stated in the CC&R's. PC RESO NO. 2186 4. 1 14) Any signs proposed for this development shall be designed in conformance with the City's Sign Ordinance. The design and 2 location of any signs, including temporary subdivision signs, shall require review and approval of the Land Use Planning 3 Manager prior to the issuance of building permits. 4 15) Trash receptacle areas shall be enclosed by a six-foot high masonry wall with gates pursuant to City standards. Location 5 of said receptacles shall be approved by the Land Use Planning Manager. 6 16) Approval of Tentative Tract No. CT 83-4/CP-227 is granted 7 subject to approval of Special Use Permit 8. 8 17) The design and location of the proposed public trail system and observation deck shall be subject to the approval of the 9 Land Use Planning Manager, City Engineer and Department of Fish and Game. The trail and observation deck shall be 10 completed to the satisfaction of the Land Use Planning Manager prior to occupancy of any units. 18) No building shall exceed a height of 35 feet as defined by the 12 City's definition of building height. 13 19) Prior to issuance of building permits, the applicant shall submit a detailed plan of the storage areas showing that each 14 unit will have at least 392 cubic feet of storage area to the satisfaction of the Land Use Planning Manager. 15 20) The balconies as well as the livable portions of all units 16 shall be setback at least 25 feet from the edge of the bluff. 17 21) Prior to issuance of a grading permit, the applicant shall perform the following archaeological survey work at site W- 18 131 to the satisfaction of the Land Use Planning Manager. 19 A) Perform a systematic posthole series on the site to determine the exact vertical and horizontal extent of the 20 site. 21 B) Conduct a five percent test excavation manually at the site employing a research design which will allow new and 22 valid scientific information to be generated as a result of the work. The units should be selected at random.23 C) Conduct Carbon-14 age dating on the site. 24 D) Conduct palynological studies. 25 E) Prepare an analysis for the scientific community. 26 22) Prior to the issuance of building permits, the applicant shall 27 submit to the Land Use Planning Manager for review and approval, detailed landscape plans indicating facilities such 28 as bike racks, benches and drinking fountains at the terminus of Harbor Drive. PC RESO NO. 2186 5. 1. 23) Prior to issuance of building permits, the applicant shall 2 identifies all public access areas. 3 24) The public access easement shall be rededicated with the 4 alignment of the proposed walkways and vista points. 5 25) Private patios and balconies on units that face the freeway 6 7 8 9 10 11 12 13 14 15 16 17 19 20 21 22 23 27 28 submit plans for a uniform signing program which clearly recordation of the final map to be consistent with the and the railroad shall be provided with noise mitgation in the form of a patio noise barrier. The noise barrier shall be any solid structure with no holes or cracks having a surface density of 4 pounds per square foot or greater. The barrier shall completely shield all line of sight with the noise source and have a top elevation 6 feet above the finished floor elevation of the patio. If views are to be preserved glass panes (1/4 inch tempered) can serve as the top portion of the barrier. 26) Prior to issuance of a building permit, the Building Director shall review the architectural plans to ensure compliance with ! the State of California interior noise standard of 45 CNEL. I At that time, any additional measures (thicker glazing, sound absorption material, or sheilding of vents) to further attenuate the noise to acceptable level shall be required. 27) Prior to recordation of the final map, the applicant shall submit a revised site plan showing a 60 foot separation between the buildings located adjacent to the pedestrian walkway which extends from Harbor Drive to the lagoon. This separation shall be subject to the approval of the Land Use Planning Manager and shall be accomplished by reducing the square footage of the units throughout the project. 18 28) No grading shall be started or planned to extend into the November to April rainy season. 29) The portion of the public trail system located on the slope adjacent to Agua hedionda Lagoon shall be constructed by manual labor only. No heavy equipment, i.e., trucks or bulldozers shall be allowed on the slope. 30) The applicant shall install a wrought iron fence along the northern property line where it adjoins the single family residences which front on Harbor Drive. 24 Engineering Department 25 26 31) The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. 32) The grading for this project is defined as "controlled grading1 by Section 11.06.170(a) of the Carlsbad Municipal Code. Grading shall be performed under the observation of a civil PC RESO NO. 2186 6. 1,, engineer whose responsibility it shall be to coordinate site 2 3 Carlsbad Municipal Code. 4 33) No grading shall occur outside the limits of the subdivision 5 unless a letter of permission is obtained from the owners of the affected properties. 6 34) Prior to the issuance of a grading permit, the haul route shall 7 8,, if located within the city limits. 9 35) Additional drainage easements and drainage structures shall be 22 24 28 inspection and testing to insure compliance of the work with the approved grading plan, submit required reports to the City Engineer and verify compliance with Chapter 11.06 of the be submitted for review and approved by the City Engineer. A separate grading plan shall be submitted and approved and a separate grading permit issued for the borrow or disposal site provided or installed as may be required by the County Department of Sanitation and Flood Control or the City Engi- neer. [36) Land for all public streets and easements shown on the ten- tative map shall be dedicated on the final map and shall be granted to city free and clear of all liens and encumbrances. 37) All land and/or easements required by this project shall be granted to the City, without cost to the City, free and clear of all liens and encumbrances. 38) Direct vehicular access rights for all lots abutting Harbor 10 11 12 13 14 15 16 •" ~ * _ Drive shall be waived on the final map. 17 39) The applicant shall install curb and gutter on Harbor Drive 18 along his frontage to match the existing curb and gutter. 19 40) The applicant shall demonstrate to the City Engineer that access rights to Chinquapin Avenue have been recorded with the 20 County Recorder guaranteeing access through the existing development to the north prior to approval of the final map. 21 41) The developer shall install street lights along all public and private street frontages in conformance with City of Carlsbad Standards. 23 42) The developer shall install sidewalks along all public street frontages in conformance with City of Carlsbad Standards prior to occupancy of any buildings. 43) The developer shall comply with all the rules, regulations and 26 design requirements of the respective sewer and water agencies regarding services to the project. 27 44) The design of all private streets and drainage systems shall be approved by the City Engineer prior to the issuance of a building permit. The structural section of all private streets PC RESO NO. 2186 7. 1.. shall conform to City of Carlsbad Standards based on R-value 2 tests. All private streets and drainage systems shall be inspected by the city, and the standard improvement plan check 3 and inspection fees shall be paid prior to the issuance of a building permit. 4 15) All private streets and drainage systems shall be maintained by the homeowner's association in perpetuity. This responsibility shall be clearly stated in the CC&R's. 6 16) Approval of this tentative tract map shall expire twenty-four 5 7 8 14 15 16 18 19 20 21 22 23 24 9u conditions. 10 'ire Department 11" 17) Prior to the issuance of building permits, complete building 12 plans shall be submitted to and approved by the Fire Department. 13 18) Additional public and/or on site fire hydrants shall be re- 26 27 28 /r~;":..c months from the date of City Council approval unless a final map is recorded. An extension may be requested by the applicant. Said extension shall be approved or denied at the discretion of the City Council. In approving an extension, the City Council may impose new conditions and may revise existing quired if deemed necessary by the Fire Marshall. 9) The applicant shall submit two (2) copies of a site plan showing locations of existing and proposed fire hydrants and on site roads and drives subject to the approval of the Fire Marshall. 17 0) An all weather access road shall be maintained throughout construction. 1) All required fire hydrants, water mains and appurtenances shall be operational prior to combustible building materials being located on the project site. 2) All private driveways shall be kept clear of parked vehicles at all times, and shall have posted "No Parking/Fire Lane Tow Away Zone" pursuant to Section 17.04.040, Carlsbad Municipal Code. 3) All fire alarm systems, fire hydrants, extinguishing systems, automatic sprinklers, and other systems pertinent to the project shall be submitted to the Fire Department for approval prior to construction. 25 >4) Building exceeding 10,000 sq.ft. aggregate floor area shall be sprinklered or have four-hour fire walls with no openings therein which shall split the building into 10,000 sq.ft. (or less) areas. 5) Standpipes for firefighting purposes, shall be provided as required by the Fire Chief. >C RESO NO. 2186 8. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 28th day of September, 1983, by the following vote, to wit: AYES: NOES: ABSENT: Commissioners Rombotis and Friestedt. ABSTAIN: Commissioner Farrow. Chairman Schlehuber, Commissioners Marcus, Lyttleton and Rawlins. None. CLARENCE SCHLEHUBER, Chairman CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HOfiZMILLBjJ LAND USE PLANNING MANAGER PC RESO NO. 2186 9. August 25, 1999 MEMO TO FILE Jordan Kass of HP A was contacted the morning of August 25, 199 and informed that a Windsong Shore sales modular may be permitted provided access is taken through the construction easement and parking is provided on site. TO: Sam Smalley FROM: ChristerWestman RE: Oceanpointe (Windsong) I spoke with Lee at the Coastal Commission. There determination is that the builder may continue to conduct earth movement onsite as long as the required stock piles are built up and torn down on a daily basis. If piles are needed for several days, they will need to get an amendment to their Coastal Permit. If they require an amendment and do not obtain an amendment, Coastal will pursue the violation. They should be "buttoning up" the site. Our only obligation may be as a cooperating agency to notify Coastal if the builder is stock piling more than on a daily basis. C: Adrienne Landers City of Carlsbad Planning Department August 17,1999 Jerry Gahan Regis Group 18825 Bardeen Avenue Irvine CA 92612 RE: CT 83-04 - CC&Rs FOR WINDSONG SHORES Dear Mr. Gahan: I have reviewed the draft CC&Rs for 4200 Harbor Drive which were prepared for Marlborough Development. Prior to the release of building permits from the Planning Department the CC&Rs should be revised to reflect the current ownership and should be revised to include the attached language from the City's standards. The issue of cost sharing with the Windsong Palms and Windsong Cove associations should also be resolved in the near future. If you should have any questions, please contact me at (760) 438-1161 extension 4448. Sincerely, Christer Westman Associate Planner CW:eh c: File 2O75 La Palmas Dr. • Carlsbad, CA 92009-1576 • (76O) 438-1161 • FAX (760) 438-0894 f RONALD R. BALL CfTY ATTORNEY D. RICHARD RUDOLF ASSISTANT CITY ATTORNEY JANE MOBALDI ASSISTANT CITY ATTORNEY CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CALIFORNIA 92008-1989 (760) 434-2891 FAX: (760) 434-8367 May 6, 1999 David C. Smith, Esq. Jackson, DeMarco & Peckenpaugh 4 Park Plaza, 16th Floor Post Office Box 19704 Irvine, California 92623-9704 RE: WINDSONG SHORES DEVELOPMENT (CT 83-04/CP-227, SUP-8 AND EIR 83-3) Dear Mr. Smith: This will confirm our conversation today and receipt of your letter of May 2, 1999 and Attorney Condas's letter of May 5, 1999, that based on a review of the history and status of this project and the facts applicable to iV I have advised the Community Development Director to issue building permits for the remaining 44 units when your client applies for them, and within a reasonable time from the date of this determination. The building permits will be issued in accordance with the laws applicable at that time. If you have any questions pertaining to the procedures for the issuing of building permits, please contact Mr. Marty Orenyak, Community Development Director, 2075 Las Palmas Drive, Carlsbad, California 92009, telephone.jiumber (760) 438-1161. If you have any questions of a legal nature, please direct them to my office. I appreciate your prompt attention to this matter. ^truly yours, afs c: RONALD R. BALL City Attorney Raymond Patchett Marty Orenyak Michael Holzmiller Patrick Kelley D. Richard Rudolf, Esq. City of Carlsbad Public Works — Engineering August 27, 1999 Robert C. Church, President Windsong Cove Homeowner's Association 4011 "B" Layang Layang Circle Carlsbad, CA 92008-4170 RE: RW 99-^290 - Constructing driveway approaches on the east and west side of Harbor Drive Dear Mr. Church: Recently, we received your, application for a right-of-way permit to construct two driveways on Harbor Drive to create secondary access for the Windsong Cove Complex and Windsong Palms Complex. The right-of-way permit, however, cannot be issued until the driveway locations are approved by the City Council via an amendment to Specific Plan 31 (A). The specific plan amendment is required since the complexes are restricted to the design approved by the City Council under Specific Plan 31(A) (City Council Ordinance No. 9401). Specific Plan 31(A) did not include provisions for access on Harbor Drive. An amendment to an existing Coastal Development Permit may also be required. Check with the California Coastal District for any permits or standards that they may require. The cost to process the Specific Plan amendment is $1,000. There area also additional costs for the environmental impact assessment, public facilities fee agreement and noticing materials. Please check with a planning representative for these costs and requirements. Enclosed are applications and checklists for said amendment. If you have any questions regarding the processing of this amendment, please contact Christer Westman at (760) 438-1161 ext. 4448. Questions about the right-of-way permit may be directed to me at (760) 438-1161 ext. 4324. Sincerely, David Rick Engineering Technician c: Christer Westman Don Agatep, Planning Consultant 2O75 Las Palmas Dr. • Carlsbad, CA 92009-1576 • (76O) 438-1161 • FAX (760) 431-5769 Hofman Planning Associates Planning Project Management Fiscal Analysis August 9, 1999 Christen Westman City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92008 SUBJECT: REQUEST FOR TEMPORARY SALES TRAILER Dear Christer: The following is a request by the Regis Group for a temporary modular building for the purpose of selling units within the Windsong Shores Project. The temporary sales building will remain for one year after the approval date as permitted under Policy 7 of the City of Carlsbad's Policies and Procedures. A site plan has been provided which illustrates the location and size of the temporary building. All parking can only be provided along the Harbor Drive cul-de-sac because no vehicular access is permitted at this location. The Regis Group will agree to completely remove the temporary modular building on or before an agreed upon date. If you have any questions or concerns, please call Jerry Gahan at 949-253-0455. 5900 Pasteur Court • Suite 150 « Carlsbad • CA 92008 • (760)438-1465 • Fax: (760)438-2443 Aug 5, 1 999 CITY OF CARLSBAD ENGINEERING DEPARTMENT TEL # (760) 438-1 1 61 2075 Las Palmas Dr Ex: 4324 Carlsbad, CA 92009-1576 RE: City of Carlsbad Right-Of-Way Permit - Harbor Drive WINDSONG COVE/PALMS HOMEOWNERS ASSOCIATION GENTLEMEN: The attached Right -of-Way Permit application is submitted in order to provide secondary access to Harbor Drive. The application consists of: 1 ) Removal of an existing driveway approach on the easterly side of Harbor Drive & replace with a driveway approach for a muilt-family residential development per City of Carlsbad Standards within existing 30 foot strip of land owned by Windsong Cove Homeowners Association. 2) Removal of an existing curb.gutter & sidewalk on the westerly side of Harbor Drive & replace with a driveway approach for a muilt-family residential devebpment per City of Carlsbad Standards within existing 30 foot strip of land owned by Windsong Palms Homeowners Association. 3) Completed application 4) Contractor State License Number, City Business License & Certificate of Insurance 5) Traffic Control Plan 6) Preliminary Landscape Plan for Driveway improvements @ Harbor Drive. Justification: Access to the exisiting Windsong Cove & Windsong Palms developments is limited to single access points at the main entrances to Windsong Cove & Windsong Palms on Chinquapin Ave. A secondary.emergency & fire access does not exist. The area proposed for construction is owned by the Windsong Cove/Palms Homeowners Association and is intended to provide additional fire, safety & secondary access to the existing Windsong Cove & Windsong Palms projects. Providing an improved access within the 30 ft wide parcels will meet City of Carlsbad standards for access, bring the existing developments (21 1 dwelling units) into conformance with current City of Carlsbad standards, ordinances, policies and requirements; and enhance the health, safety and public welfare of exsiting as well as future residents by developing safe efficient traffic circulation. Please respond in writing and submit questions and additional requirements to Don Agatep (760) 434-1056 Respectfully Submitted; Robert C. Church, President Tel #: (760) 720-0289 Windsong Cove Homeowner's Association 401 1 "B" Layang Layang Circle Carlsbad, CA 92008-4170 Encl: Right of Way Permit Application Preliminary Landscape Plan Traffic Control Plan cc: ChristerWestman. Planning Department Don Agatep, Planning Consultant EXHIBIT A Lindsay Management Services Condominium & Homeowner Associations. Accounting; Consulting; Managing Specialists March 18, 1987 Mr. Michael Holzmiller Director of Planning, City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009 Re: Agua Hedionda Homeowners' Association Dear Mr. Holzmiller: The Board of Directors of the Agua Hedionda Homeowners' Association have asked me to write you concerning the expeditious approval of a request for a demolition permit for a tower and recreation building on the complex. For several years there has been an ongoing legal suit against the developer for various defects in the Association. The suit has finally been settled, and the Board is in the process of planning the many repairs that must be made. Several months ago, (early in 1986) the architects and engineers that we used to evaluate our data, stated that the recreation building and the tower structure were unsafe and had to be closed, The Board placed the building off-limits. The estimates for repair of the building run as high as $60,000.00. There is extensive dry rot and water damage to all parts of the building. The tower sways in a high wind, and serves no children to climb on other purpose than and fall off of. as a magne t to has had a problem obtaining insurance tower and the liability it poses to the The homeowners are in favor of A new cabana, with restrooms and a soon as the present building comes being useless as a recreation area, tower poses a real threat to the Association in the form of increased insurance premiums, vandalism and higher liability risks. The Association because of the insurance company, removing the building, shower are planned as down. In addition to the building and the member •communityassociationsinstitute 6992 El Camino Real, Suite 105, Carlsbad, CA 92008 • (619) 438-2601 Escondido:(619)744-2140 La Jolla/Del Mar: (619)455-9433 Mr. Michael Holzmiller Director of Planning, City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009 March 18, 1987 We had intended to commence demolition this month, and shortly thereafter erection of the new facility. The Board would appreciate your cooperation by approving the necessary permits as soon as possible. If you require any additional information, please call me at 438-2601. I would be grateful if you would notify me by phone if our request is favorably considered so that we may inform the contractor. Sincerely, LINDSAY MANAGEMENT SERVICES Rob Donath Property Manager RD/ap cc/President, Board of Directors cc/Phil Cox EXHIBIT a PROJECT SITE RECREATION AREA :^%S$$JWT(& I .'i /*'!*• /• ''•.W.-W '/r. r:-~, U- |LJ n "U .i^ :t .._. ..j._ {,. '.w-W-.t..S~a-SG.il. > I; 1200 ELM AVENUE »« x^ „. TELEPHONE- CARLSBAD, CALIFORNIA 92008 «Mj|/ (3? If (714) 729-1181 of Carfetoto June 4, 1974 Mr. Larry D. Hunts, AIA 3024 5th Avenue San Diego, CA 92103 RE: Revised Specific Plan Process The Carlsbad City Council granted a Tentative Map Extention for CT-72-13 on April 16, 1974 by the following motion: granting a one year extension of the Tentative Map from the date of expiration (1-2-74), contingent upon the filing of an amendment to the Specific Plan (Ord. 9311), for that portion Southerly of the sewer line, which shall be approved by the City of Carlsbad prior to the recordation of the final map. Ordinance 9311 is an Ordinance of the City of Carlsbad enacted on June 20, 1972 when your Specific Plan was approved and adopt- ed. Since the Plan is an Ordinance, it must follow the procedure for Amendments outlined in Chapter 21.52 of the Carlsbad Municipal Code. I would also point out that the same procedure was followed when the original zone change and Specific Plan were approved. Since your tentative map extension was granted contingent upon the approval of the Specific Plan Amendment, I would recommend you do the following: 1. Submit a revised Specific Plan (Map) which meets the requirements for Specific Plan in the Planned Community (P-C) zone, Sec. 21.38.050. 2. The revised Specific Plan must show your entire 23+ acre parcel, with the portion south of the sewer easement indicated as not a part. 3. Indicate the 3.2 acres to be dedicated to the public, per State of California Coastal Commission requirements. 4. Show the Phases of Development as you plan to start and complete them. The starting date, number of units, and estimated completion of each phase must be shown. 5. A statement of future intent on the portion indicated as "not a part" and why it is to be excluded from the amended Specific Plan. In all probability this outline of your requirements will follow your filing for the Amendment. Therefore, points 1 through 5 will be part of the Staff report and Exhibit presented to the Planning Commission and City Council. The review, assessment and recommendation of your Specific Plan Amendment will TENTATIVELY occur as follows: , . . 1. June 5, 1974 - Filing of Amendment (this step has been completed). 2. June 5-June 21 - Staff review, analysis, and report preparation. 3. June 25 - Planning Commission Public Hearing 4. July 16 - City Council Public Hearing This time delay is necessitated by three weeks between Planning Commission and City Council Hearings. You may wonder why the length of process time cannot be reduced. The current Staff work load will not permit acceleration of project processing. If you have any questions regarding your Specific Plan Amendment or the requirements outlined for the Amendment process, please contact this office. Sincerely, d~A7 Agatep Planning Director CC: Paul Bussey, City Mgr. RECEIVED June 18, 1974 9 1974 v CITY OF CARLSBAD Planning Department Mr. Donald A. Agatep Planning Director City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 RE: Revised Specific Plan This letter is to supply you with the information requested in your letter of June 4, 1974 in reference to the amendment to the Specific Plan and Tentative Map for Papagayo by the Bay project. 1 . We have submitted a revised Specific Plan (Map) which meets the requirements for Specific Plan in the Planned Community ( P-C ) zone, Sec. 21.38.050. 2. The revised Specific Plan shows the entire 23+ acre parcel, and indicates that the portion south of the sewer easement is not a part of the initial project. 3. The 3.2 acres to be dedicated to the public, per the State of California Coastal Commission requirements, will not be dedicated to the public via the final subdivision map, but will be dedicated by deed as required by the State Coastal Commission and outlined in a letter to you from my attorney Harvey Pedersen. 4. The Phases for Development as we have planned to start and complete them are indicated on the Specific Plan. The starting dates are as follows: Phase I Start week of June 17, 1974 50 units Phase II Start November 1974 56 units Phase III Start February 1975 52 units Phase IV & V Start May 1975 42 & 30 units 5. It is our intention to develop the portion of property indicated as Lot 3 and not a part of this initial project as a residential multi-family development compatible with the portions of property that we are currently developing. It is my intention IMf D IMS 6 flSSOCK.fUrl. Architects • Environmental Planners 3024 5th Ave., San Diego, California 92103/(714) 291-5090 Mr. Donald A. Agatep June 18, 1974 Page two to follow the previously approved Specific Plan as closely as possible. The State Coastal Commission Staff has indicated they are willing to cooperate with this future development and have not indicated that it would be impossible to follow the originaly proposed develop- ment plan. However, regardless of the final configuration we do contemplate the comple- tion of residential construction on the total 23 acres and in whatever form is finally approved by all governing bodies concerned. If you have any further questions regarding the amendment of this Map and/or any other information please contact me at your earliest convenience. Sincere I cc: Paul Bussey, City Mgr. C! T'v &,-* ^<VV, —-r> r^^«^^$rt<v^.33ri/--7 &?v^?» f>V^ •-lf*^.^^r>'-^r,,r>f /f^P "^(p-Al<-»%> -ft,-,; fe-i •-.; ;C.v -.- • y •-s-'-.Xv-.w^, o^^4.">*v-illi'J:vJ t--J_.':u:b:> v,,-^^ ^i^^^-vt-i^ t;t-xx:.w,-x-vi>. \^ ..-Ux.^t^^- Btitgte will reeplf e tliei tko dewak^ier bcaa tls@ e^sBpieltoii of llaai S-^OPSiS €U**&J'-J fJSii'Jil,r.i"J.'UI fJJPiOA''' w© &tI.D C.'ii'iC1 '3i^ tSQS/' l'i.C\l*>!3 8S *iXO pjpOJfiG'C <rr^:>i2 ^l'^* f~^l'?5'-s tf'tUi^ ^'v^'--^ ^^ ^/••-?-?**''w?(fi (^ ^ ) ^Tfi" ^>,-5^ '^^">.^ €'/^\ !>,'; r 4' '--^ $%£? i^^-?*-^- (^li^*'^ <S>>^i^WiA&tjtCl LjiiUt'K'i ^.r.»VV,J i-.Vi.i'Jt.^tts;!*!; •rj>'Jtoti*d.iJ.t^» Wk) .y;;'t.s..l W4C V.jfti,^ iSli^ Stilt; €eastal Zo^se Cosi36;?fa!;isa ComsafesfGD tlist tie olorca drsla will in laux bo ecmylSseGio HARVEY L.PEDERSEN -JOHN L. FLOWERS S£ I lower® A PROFESSIONAL CORPORATION ATTORNEYS AT LAW IOIO SECOND AVENUE. SUITE 1512 SAN DIEGO, CALIFORNIA June 24, 1974 TELEPHONE 234-7267 AREA CODE 714 City Planning Department City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Attention: Donald A. Agatep Re: Papa gay o Gentlemen: I have enclosed a copy of my letter to the City Manager concerning the dedication of the open space easement on the Papagayo condominium project. Should you have any questions or need further information please let me know. Sincerely, PEDERSEN & FLOWERS A <Profefesi,on"al Corporation HLP:jlp Enclosure HARVEY L. PEDERSEN JOHN L. FLOWERS lersem e£ I lowers A PROFESSIONAL CORPORATION ATTORNEYS AT LAW IOIO SECOND AVENUE. SUITE 1512 SAN DIEGO, CALIFORNIA 92IOI June 24, 1974 TELEPHONE 234-7267 AREA CODE 714 City Planning Department City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Attention: Donald A. Agatep Re: Papagayo Gentlemen: I have enclosed a copy of a letter to the City Manager concerning the Coastal Zone Conservation Commission permit condition for the extension of the existing 72 inch storm drain to the middle of the lagoon in the above-referenced project. I trust the letter is self-explanatory, but should you have any questions, please do not hesitate to call. Sincerely, PEDERSEN & FLOWERS A Pro"fe~sMonal--Corporation 'Harvey L./Pedersen HLP:jlp Enclosure HARVEY L. PEDERSEN JOHN L. FLOWERS ecaersem e£ i lovers A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 1OIO SECOND AVENUE, SUITE 1512 SAN DIEGO, CALIFORNIA 93101 June 24, 1974 TELEPHONE Z34--7ZS7 AREA CODE Mr. Paul Bussey, City Manager City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Re: Papagayo' Developers Dear Mr. Bussey: I am writing this letter at the request of Larry Hunts regarding the condition in the permit granted by the California Coastal Zone Conservation Commission requiring the applicant to extend the existing 72 inch storm drain to the far end of the middle bay of the lagoon. To my knowledge the completion of that extension to the storm drain is not a condition which must be met prior to commencement of work, but simply a require- ment that it be completed at least concurrently with the comple- tion of the condominium project. It is also my understanding that the Department of Real Estate will require that the developer bond the completion of that storm drain extension prior to the sale of any units in the project which should give adequate assurance to both the City and the Coastal Zone Conservation Commission that the storm drain will in fact be completed. Sincerely, PEJDERSEN & FLOWERS . A' Professional' Corporation Har/vey L. HLP:jlp cc:Jack McNikkinen Donald A. Agatep t HARVEY L.PEDERSEN JOHN L. FLOWERS e£ i lowers A PROFESSIONAL CORPORATION ATTORNEYS AT LAW IOIO SECOND AVENUE. SUITE 1512 SAN DIEGO, CALIFORNIA 92IOI June 24, 1974 TELEPHONE 231--7267 AREA CODE 714 Mr. Paul Bussey, City Manager City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Re: Papagayo Dear Mr. Bussey: I am writing this letter at the request of Larry Hunts for the purpose of explaining the method of dedication of the open space easement on the above-referenced project. It is my understanding that the Coastal Zone Commission will require the developer to put a provision in the Covenants, Conditions and Restrictions requiring the dedication of the open space easement and they will further require a grant deed of the easement. As you may know, Mr. Hunts has discussed the possibility of dedicating that easement by delineating it on the final subdivision map as would normally be the case, however, it is apparent at this time that the initial boundaries of the easement will be subject to change when the developer makes application for the development of the remaining property after completion of the coastal plan, so I believe at this time it would be inappropriate to define the open space ease- ment on the subdivision map. By the use of a grant deed and a condition in the Covenants, Conditions, and Restrictions requiring the dedication and specifying the method for redefining the area upon the subsequent development of the remaining property, I believe we can best control and implement the precise requirements of the Coastal Commission. Sincerely, PEDERSEN & FLOWERS A Professionar'Corporation!./ s~ > . Har/vey L/Pedersen HLPrjlp cc: Jack McNikkinen Donald A. Agatep STATE OF CALIFORNIA RONALD REAGAN, Governor CALIFORNIA COASTAL ZONE CONSERVATION COMMISSION 1540 MARKET STREET, 2nd FLOOR SAN FRANCISCO, CALIFORNIA 94102 PHONE: (415) 557-1001 JUB& 24, 1974 lir. Paul Buosey City iisj.iB./ijBr City of Carlsbad Carlsbad, Ca. - - •*•"*' Baar Kr. Busseys _^'" ' The CoEmdssioa1 s staff LAC 'ueen inforaed that tho City of Carlsbad is eurireatly reviewing a revised specific plaa for the project knoim as Papagpyo located on the north shore o£ Agua Hedionda Lagoon.. For purposes of coordinating the city's review of the project uith the Coastal Coamisoias*a review of permit conditions, wo tjould approciato your informing us as to ths status of specific plan ravist; vrith particular ro{pyd for the doscriptioa of the qrarreat sits plan and the proposed dedication of aa open space easement along the oouthem edge of the property. • As you may know* xje have been attempting to fiaaliae ths description and i-jording of the easeoDnt governing the public use area for the past several weeks. In order to coordinate your review fjith that of the Goaiaisslon, thereby avoiding further delay to the development, we would appreciate your transmitting to tho Goiaaission any proposed description and draft language for the open space easement along with the city staff's assessment of the dedication prior to final action on the part of the city. Sincerely, BOIB Soaior Perait Analyst ^ran GCJ Donald A^ptep, I-Jr. Larry Hunt iir. Harvey Po*borson CITY OF CARLSBAD PLANNING DEPT APPLICANT HUNTS PARTNERSHIP CASE NO AMENDMENT TO S.P 31 '/ DATE JUNE 25 1974 IQ:O * * 230 UNITS 168 2 BR & DEN 62 2 BR PARKING 295 INSIDE 165 OUTSIDE 330 TOTAL LAND COVERAGE 10 UNITS PER ACRE 1,001,8000 OF LAND 15.7% COVERED 3,671 0 OPEN SPACE PER UNIT \ June 27, 1974 City Clerk City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 LETTER OF APPEAL TO THE CITY COUNCIL RE: PLANNING COMMISSION CASE NO. SP-31-A RESOLUTION NO, 1074-PAPAGAYO ^ % REQUEST: I am appealing the decision of the Planning Commission concerning the requested amend- ment as directed by the City Council Ordinance No0 9311 and subsequently denied by the Planning Commission to amend the Specific Plan and Tentative Map for the Papagayo project. This amendment would allow the construction of 230 dwelling units on the northern portion of a 23 acre site located south of Chinquapin Avenue and north of the Agua Hedionda Lagoon, between the A.T. & S.F. railroad and 1-5. I would appreciate the hearing of this matter at the earliest convenience of the City Council. Architects • Environmental Planners 3024 5th Ave., San Diego, California 921037(714) 291-5090 T June 27, 1974 Mr. Donald Agatep Planning Department City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Dear Mr. Agatep: RE: Consideration of Amendment to Specific Plan and Tentative Map The following are some discrepancies that I noted in the Staff Report to the Planning Com- mission dated June 25, 1974, Case No. SP-31-A. Item I. The requested amendment would allow us to build 230 dwelling units on a portion of the 23 acre site. Item II.-2. Public access to the lagoon is a 20 ft. wide public easement to the water's edge. Item II.-14. The dedication of 3.2 acres to the City of Carlsbad should be in the form of an open space easement as outlined in the permit from the California Coastal Zone Conservation Commission's Permit No. 81-73. Item III.-M3. Again the granting of 3.2 acres is modified by the Coastal Commission Permit to read Open Space Easement. Item III.-M4. This paragraph should read No construction shall commence within 2 months prior to or during heavy rainfall months, which would normally be January and February. Item III.-P- Last paragraph. Should not indicate that no construction can take place during the month of November through February, but that it must commence prior to November. IMT D UK 6 H55OCH5.Rl(l Architects • Environmental Planners 3024 5th Ave., San Diego, California 92103/(714) 291-5090 Mr. Donald Agatep June 21, 1974 Page two If there is any further help that I can give please contact me, Very truly yours, Lafry D. Hunts VINCENT F. BIONDO JR. CITY ATTORNEY CARLSBAD 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 (714) 729-1181 July 2, 1974 RE CE JUU W4Harvey L. Pedersen, Esq. Pedersen & Flowers 1010 Second Avenue CITY OF CARLSBAD suite 1512 Planning Department San Diego, California 92101 Re: Papagayo Development Dear Mr. Pedersen: The City Manager has asked that I reply to two letters from you dated June 24, 1974 relating to the above- referenced development. At issue is the effect of the Coastal Zone Commis- sion's approval of only a portion of the project subject to certain conditions on the processing of that development by the City of Carlsbad. As you know, the matter was before our Planning Commission at their meeting of June 25, 1974. The Planning Commission, by unanimous Vote, 'recommended denial of your client's request for a revision of his speci- fic plan. There were various reasons given for this action, although the principal reason appeared to be a feeling on the part of the Planning Commission that the Coastal Com- mission' s approval of only a part of the project had.vitiated the previously approved scheme of development. Unless the City Council grants an appeal from that denial, it seems to me the problems raised in your letters become moot. In the event the appeal is granted, the City Council will refer the matter back to the Planning Commission for report. "In that event it would be apropos to resolve the problems. I would suggest that the appropriate way to proceed.in that event would be to arrange a meeting between City Staff and the Coastal Commission staff so that mutually acceptable condi- tions can be worked out to hopefully satisfy all the parties concerned. I am sure you can appreciate the fact that the City wishes to be reasonable in all respects in dealing with developers, but at the same time has a need to preserve a ft A Harvey L. Pedersen, Esq. July 2, 1974 Page Two satisfactory working relationship with the Coastal Zone Com- mission staff. Hopefully, I have been responsive to the concern raised in your letters. Feel free to contact me if you have any questions or if I can be.of any further as- sistance. Very truly yours, CITY OF CARLSBAD Vincent F. Biondo, City Attorney VFB:af cc: City Manager [/ Planning Director Jack Nikkinen Office of the City Manager RECEIVED Jwly 3, 1974 CITY OF CARLSBAD Planning Department William Boyd Senior Permit Analyst State ©f California California Coastal Zone Conservation Commission 1540 Market Street San Francisco? California 94102 Thank you for your latter dated June 24, 1974 regarding the Papagayo project ©n the north shore ©f Agua Hedionda Lagoon. Your letter indicates some possible misunderstanding ©f the situation. The review of the Papagay© Specific Plan by the City is occurring only because of the condition placed on th© project by the Coastal Zone Conservation Commission which precludes development along the water's edge. The intent of the City's requirement that Mr* Larry Hunt submit a new Specific Plan was to help facilitate compliance with the Coastal Commission requirements. It was, therefore, assumed by the City that the Coastal Com- mission staff or the applicant would provide the description for the ©pen space easement along the southern edge of th© property. If it is impractical for the Commission staff to provide that easement, it is quite possible that the development will be allowed to proceed as originally approved, leaving the enforcement of Coastal Commission conditions to the normal enforcement mechanism which you use. If the City is to incorporate any ©asement in the precise Plan, now under consideration, it is necessary that we have the easement description within the neact week. If you have any questions concerning this matter and how we are proceeding, please call Mr. Don Agatep, ©ur Planning Director. If my.offie© can be of further help in this matter, please feel free to call me» PAUL D. BUSSEY City Manager PDB:LDG ecs Planning Director 1200 ELM AVENUE t ' |3 ^f7 M . TELEPHONE: CARLSBAD, CALIFORNIA 92008 ^Ir^l/ <$ 3? (714)729-1181 Citp of Cartebab July 3, 1974 California Coastal Zone Conservation Commission 1540 Market Street, 2nd Floor San Francisco, Ca. 94102 Attention: William Boyd Reference A - Papagayo Development. Reference B - Your letter dated June 24, 1974 to Mr. Paul Bussey, City Manager, City of Carlsbad The City of Carlsbad Planning Commission held a public hearing on the proposed revised Specific Plan for the Papagayo Development. The purpose of revising the original Specific Plan granted by the City was to meet requirements levied by the California Coastal Zone Conservation Commission. The revised Specific Plan indicated a 3.2 acre parcel to be dedicated as Open Space per State Commission Permit Conditions. Conditions .of approval of the Revised Specific Plan also covered 3 additional conditions^upon which the state based Papagayo's permit issuance. The Staff recommended approval of the Specific Plan Revision but after public hearing the Planning Commission recommended, to the City Council, DENIAL, for reasons outlined in the attached Planning Commission Resolution #1074. I do not anticipate the City Council taking similar action. Therefore, at the earliest possible date, a meeting between yourself and the City of Carlsbad Staff should be held to discuss the following: (1) Provisions for the State to notify the City of the States actions on projects in the City of Carlsbad. (2) The method by which the City and the Coastal Commission may enforce conditions. (3) Procedures for the review of satisfactory compliance of any local or state condition of approval. It is imperative that your office respond since an appeal of the Planning Commission decision or; Papagayo has been filed. An appeal hearing before the City Council will be held in the near future. Therefore, resolution of the items mentioned in this letter should be achieved as soon as possible. DONALD A. AGATEP Planning Director DAA/vb Attachment MEMORANDUM TO: Planning Director FROM: City Attorney DATE: July 11, 1974 RE: Open Space Easement for Papagayo I have reviewed the draft of the Open Space Easement forwarded to me by the attorneys for Mr. Hunts. It obviously is self-serving and reflects their version of what they can expect to get in the future for the property in terms of development rights. I see a number of problems with it. It seems to me that whatever is satisfactory to the Coast Regional Commission will be satisfactory to us and we ought to, to the greatest extent possible,leave to the Coast Regional Commission the task of negotiating with Hunts for the appropriate language. VINCENT F. BIONDO, JR. City Attorney VFB:af Enclosure MEMORANDUM TO: CITY COUNCIL FROM: PLANNING DIRECTOR DATE: July 12, 1974 The attached report to the City Manager dated July 12, 1974, replaces the report to the Planning Commission referenced on the Agenda Bill Exhibits. DONALD A. AGATEP Planning Director Harming Departsnen? City ©f Carlsbad 120Q Sim Avenue Carlsbad, CA 92008 avasiyvo jo uio I era In accord with all pmpostd conditions to is® applied to the Specific except for Item Na. 17 phasing for the following fo would \% econemScolly wswofkabl©. Tha e^nstruvtisrs phasing of 50 units si- a a function e»d rusldctlon put upon ys fc^ tSis lending Instlt«jt!an. VVa prefer to start es^trwel'fttn art tits first 3 phases ana continue v!§hf en project rolher than ®nly SO at a flm®. However, the leading instihitbn h«s conUIi-tor-i ilsat wo ccinnot start tha second phase wntll 50 percent, B25 units4' piicse hav4 bsan *s©I*J,s' The definition of a "said** unit Is where o fc^na with <|yglsfyir«g buyer IKS b««n <appr©v@d fcy ths fccnk. We expeet to nelt tha fSrst 25 units within 30 ro CO dcys of obtaining ths whlta ilip from the DaperJra^nt of Real JEstat*. lypleally prs|@€ts ©f this «?st«re hcsv® said eensfd@r«bfy fostar then tills, fhs i'Jifai1 /s.J the moment tho* w® Isav® sold trsa reqwli'ad 50 percent of 1 W3 would the loan far phase 2 and si9¥@ rlgh? Into oomtroctlon ©f the •,i3s«t §6 ^olts, Ptees 3,4, d 5 *vould g»r€*e@@d as out lined f&r phases 1 and 2. PhyslcaHy and @corromicaHy the procedure for e®retr«efi0« would b© to schedule rt«? c0fistroc?ton trade In sycl» « way that fher© wo«W be «®BtIny»iJs csmtroctian from one phssa to the next for each cf fha baste comtmetion trades such m Iwndotion, floor slob, framing, etc. structbn estimates are based on a eontSnuotii comtrycf!@» program wffknif break in construction. Item Nos 17 would neeeiMiitels th© Jolal e@n^i«fi@ii Mr. Jdy 22, 1974 two phase prior to moving Into the nsstt. A comtr«e?l©ft ptes© is estimated to run from 8 to month* which would mean that the first 5 phm@s we^ls! take In excess of 4 years , commencing construction of th® lest plus© ast-d would f@k© § yean to complete the flon of the total 5 phases. Whereas^ we estS^^f® tto th® asfacl comtn>ettim for should riot e>teaed 3 years. tho dovslopmsn!1 prog^afn m 3^t8Srted !n Ifem No> 17 wcyid 2ne?e«s»e costs from 10 to 15 pereeut feeceus® of tht required m®¥a«ois @nd raove-^ff and rfe?0 between purchase of materials,, ®ku i baJSeve f'hat t undersfaml what If is that y&t ®m frying to accompHsh through th© ptoir^ schedub, byf this re^yiremsnf , ox outJSr»«d, would put a definite hardship upon th© profee?. ! ora In aesord with the eorstrol of phailr^ 1 through 5, but It must bs tied reesonably to Hie ^qwsuce of selling^ end th» seqesncs of comtructten and not to total con^lefl©?? of each pkas®. V/a have estimated In tha phasing, as I $u§g®8ted to yow# thet ws sheyld sterf ®eeh jsKase- wlfhtrt 3 Jo 4 monste of on© eswther,, and oyr only prersqyfslfe Is the oao pleee-d i>|>of5 w$ by tfe lendtt^ a? r&llfng 50 p«re©af of eseh ptes^ prior to tfee stef ©f cerstmctfea of ths hases. I will be gl©«S to dlscyss this wife yoy at y^ir ees cc: City Manager, Payl Eus»y STATE OF CALIFORNIA RONALD REAGAN, Governor CALIFORNIA COASTAL ZONE CONSERVATION COMMISSION 1540 MARKET STREET, 2nd FLOOR SAN FRANCISCO, CALIFORNIA 94102 PHONE: (415) 557-1001 1010 Second AwoWf 1532 , CtfU&tttt&ft 92101 stun? In accord^ce -*dth cxir «ttftNMl&U& laai a draft of proposed ttflfaiaa* to dfttft Sense of %bft provisions ibi your originaa. draft il$|®*4ijg to future devslopcis^t lulled cocsdt- on tlie part of tiie Calif orriia CcAstal "one Gon Kidch are naitber explicit nor illicit In tlie . the CoKasission, Accorclinsl^, the sncloeed z^ saodif ifi4 or deleted ttose porticsis of your draft relates to iUtura GoiTxltnsntG. The enclosed fi):aft ctoes alien ' cvodif icatiou of the aaseoent in tho Kvent tiat future Rental actions require modification. »Jit it r/nould G.IBO be uneierst.OQd tlaat th© 3*2 acx-e dedication ralstee to project approved b;/ ths Cor^iicsion arid :m r.o way ilxiita ddicatioa r«quire!aeiit0 la the airesat t-bat further is allovjed b-y the Coastal Plan iri the -vicii-JLty of order to assure tiiat the proposed dedication consjlies i;ith the aM reia^tisiitG af the City i$£ Clarlu'usd, copies. tlie revised draft dodicfttlon are being to tlie Carlsbad' It is our hopo that this tion of ths dsdicaticai, facilitate review and f inalisa* toof «ocigti;i- lie*!*! to the open ?;pace oase,>nsntr v,:e &m coacenaed tMt sos» be pit)irlded is ia fact fr*e and -clear of £03f laad all lions As j-xai are aware, nuaeroits- legal problems a^? froa agyeeaents pe.rticularly i£ purchasse isorsjy liens are to Iferuoy lottos-use ~S«- Ju3y 22, 1974 '-iTit ons regr to ascsera ti^-t. t&o oasonsBcfc In AKJO rad dear of licas tjoald bo £c&' a title coqgicja,/ to issus a policy o£ tltlo iiiffjiT^oC' idiili rco^oet- to tlis 03;ty of Cka^Ls'j Isg froa tlifj c«:scGtIc»i of tiio caooiBafc, to t:ould oppi^Gsiato your rcopon-Oiag to tlia prqposod as CQOU as poositAe no tkrfi TTO aiy ISD aSilo to confina tlas City of f-Si-isbad's *'e^ols?02K5idia« -is SOOB ao t/o G2*e ablo to a^tjo oa t!B cr^am qpaee dedicatlaQf uo :dH tssacoit- to tls C^ltjr of Carlsbad a uilttQa sbateiasuti of ^troi- eoB^Umco irlth t!i0 tdouc of tJbo perc^i 2s orfio^ tfes,* t-E?» nir&'j EKJ iiaM£:«0 ccs Bsail D. tiisooy, €lty liuia^s3 of tlis Cits? Of C^'ls Iteald A. A0itcpf P3r«ii3^^ Baj^otos- of the City of Carlsbad RECEIVED July22' 1974 JUL221974 CITY OF CARLSBAD Planning Department Mr. Donald Agatep Planning Department City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Re: Conditions to Specific Plan—Papagayo-SP-31-A Dear Mr. Agatep: I am in accord with all proposed conditions to be applied to the Specific Plan-SP-31-A except for item No. 17 phasing for the following reasons: This condition is economically unworkable. The construction phasing of 50 units at a time is primarily a function and restriction put upon us by the lending institution. We would much prefer to start construction on the first 3 phases and continue right on through the project rather than only 50 at a time. However, the lending institution has placed the condition that we cannot start the second phase until 50 percent, "25 units" of the first phase have been "sold." The definition of a "sold" unit is where a bona fide escrow with qualifying buyer has been approved by the bank. We expect to sell the first 25 units within 30 to 60 days of obtaining the white slip from the Department of Real Estate. Typically projects of this nature have sold considerably faster than this. At the moment that we have sold the required 50 percent of phase 1 we would close the loan for phase 2 and move right into construction of the next 56 units. Phases 3,4, and 5 would proceed as outlined for phases 1 and 2. Physically and economically the optimum procedure for construction would be to schedule the construction trade in such a way that there would be continuous construction from one phase to the next for each of the basic construction trades such as foundation, floor slab, framing, etc. The con- struction estimates are based on a continuous construction program without any extended break in construction. Item No. 17 would necessitate the total completion of each lflKKTDHUK156fl56OaflTE5.flm Architects • Environmental Planners 3024 5th Ave., San Diego, California 92103/(714) 291-5090 Mr. Donald Agatep July 22, 1974 Page two phase prior to moving into the next. A construction phase is estimated to run from 8 to 10 months which would mean that the first 5 phases would take in excess of 4 years 'before commencing construction of the last phase and would take 5 years to complete the construc- tion of the total 5 phases. Whereas, we estimate that the actual construction for this pro- gram should not exceed 3 years. Phasing the development program as outlined in item No. 17 would increase construction costs from 10 to 15 percent because of the required move-on and move-off and time delay between purchase of materials, etc. I believe that I understand what it is that you are trying to accomplish through the phasing schedule, but this requirement, as outlined, would put a definite hardship upon the project. I am in accord with the control of phasing 1 through 5, but it must be tied reasonably to the sequence of selling, and the sequence of construction and not to total completion of each phase. We have estimated in the proposed phasing, as 1 suggested to you, that we should start each phase within 3 to 4 months of one another, and our only prerequisite is the one placed upon us by the lending institution of selling 50 percent of each phase prior to the start of construction of the subsequent phases. I will be glad to discuss this with you at your convenience. Very truly yours, Larr/D. Huhts cc: City Manager, Paul Bussey MEMORANDUM July 26, 1974 TO: City Council FROM: Planning Commission SUBJECT: Planning Commission Report Papagayo Specific Plan (SP 31-A) The Planning Commission at its July 23rd Planning Commission meeting was presented a report by the Planning Director which informed the Commission of the Councils' decision to grant the appeal on the Papagayo Specific Plan revision. After some discussion by the Commission and the Staff, the Planning Commission was of the opinion that there was no new information which would cause the Planning Commission to reverse its original recommendation of denial. ' The Planning Commission moved to report to the City Council that the Planning Commission's recommendation of DENIAL was still valid for the reasons of Planning Commission Resolution 1074. The motion carried 6-0 with 1 absent. Subsequent motion recommended that in the event the City Council approve the proposed Specific Plan planning revision, the following conditions should apply: 1. That any additional information required by the Planned Community Ordinance be submitted to the Staff prior to issuance of building permit. The information is to include a detailed landscape plan and maintenance program. 2. The applicant shall be subject to the City of Carlsbad Park Dedi- cation Ordinance #9190. Fees-in-lieu of dedications shall be paid prior to the approval of the final map. 3. The applicant shall provide a legal description for the public access easement, to be not less than 20 feet wide, from the end of Harbor Drive to the area proposed for Open Space Dedication. The public access shall be provided in a manner shown on Exhibit A, the amended Specific Plan, dated July 1, 1974. The proposed public access, shall be improved in a manner acceptable to the Planning Director and shall provide access for bicycles as well as pedestrians, The description and conveyance of the easement described on Exhibit A, dated July 1, 1974 shall be submitted and approved by the Planning Director prior to approval of the final map. 4. Landscape and sprinkler plans shall be submitted for review before construction and prior to occupancy. 5. Full street improvements shall be constructed over the Southerly 32 feet of Chinquapin Avenue between 1-5 and the A.T. & S.F. Railroad. 6. Street rights-of-way, adjacent to the property as required for Street improvements, shall be dedicated to the City free of all liens and encumbrances. 7. All public improvements shall be constructed in accordance with City of Carlsbad design criteria and shall be subject to the approval of the City Engineer. 8. The water distribution and sewer collection system shall be dedicated to the City together with the necessary easements free of liens and en- cumbrances. Connections to the existing trunk line through the property shall be made only at manholes. 9. On-site fire hydrants and fire protection appurtenances shall be constructed in accordance with Fire Department.requirements. 10. The interior streets are proposed to be private. The following special conditions shall apply: a) Provisions for maintaining the streets, satisfactory to the City Engineer and City Attorney, shall be provided prior to issuance of any building permits. b) The design of all streets shall be approved by the Public Works Department and all street construction shall be inspected by the Public Works Department and a standard inspection fee paid. c) All streets shall be designed for a structural section in accordance with City of Carlsbad Standard Design Criteria. d) Provision for accomodating pedestrian traffic satisfactory to the Planning Director and City Engineer shall be provided. e) Lighting adequate for pedestrian and vehicular safety and sufficient to minimize police problems shall be provided. f) Where it is proposed to reduce street widths by elimination of curb-side parking, equivalent parking in addition to the normal off-street requirement shall be provided by other means. g) The City will assume no responsibility for enforcement of traffic control. / 11. The intersection of the easterly entrance shall be located approximately 250' easterly of Jefferson Street, the exact location to be approved by the City Engineer. 12. The Exhibit A, Revised July 1, 1974, shall be adopted as a Specific Plan, any deviation shall be subject to the approval of the Planning Department. 13. Installation of Street Improvements westerly of Jefferson Street may be deferred until construction is begun on that portion of the development west of the existing subdivision. 14. Fire retardant materials subject to the approval of the City Fire Chief shall be utilized wherever applicable. 15. The location and description of the 3.2 acre Open Space Easement and the means for its conveyance will be determined by the City Manager. Conveyance of the 3.2 acre open space parcel shall be made by theapplicant or his successor prior to the approval of the final map or any portion of the property to be covered by this Specific Plan. The legal description and location shall become a part of any City Council Resolution approving the Specific Plan and shall-also be a part of any CC & R's to be developed for the Papagayo Home Owners Association. 16. The applicant shall rezone all areas shown as greenbelt/open space to 0-S (Open Space) Zone prior to final map approval. 17. The phasing of the development shall occur in the following manner: Phase I 50 Units Not earlier than September, 1974 Phase II 56 Units Phase III 52 Units Phase IV 42 Units Phase V 30 Units Phase IV and V may be initiated simultaneously at the completion of Phase III. All public and private improvements contained in each pahse shall be completed and accepted by the City of Carlsbad prior to commencement of each succeeding phase. This shall include private streets, water systems and sewer systems. Traffic signals at Jefferson Street and Tamarack Avenue and street improvements for Chinquapin shall be installed prior to completion of the first phase. The storm drain shall be installed as directed by the City Engineer. DONALD ArAGATET Secretary to Planning Commissio August 2, 197tf- RECEIVED Mr. Donald Agatep Planning Director AUG i> 1974 City of Carlsbad rTnU™n« CITY OF CARLSBAD, CA 92008 Planning Department Re: Conditions of Permit—Papagayo-SP-31-A Dear Mr. Agatep: We are in accord with the majority of the conditions stated in the memorandum to the City Council with the exception of the following items which have been added since our original approval. Item 1-E. We are perfectly willing to rezone areas shown as Open Space to O-S zone and would ask that you initiate this zoning change immediately. However, to require that this zone change is approved prior to the approval of the final subdivision map will effectively halt construction for the 40 to 60 days necessary for the various public hearings to take place. This will cause a definite hardship on the project. Item 4-B. The installation of the traffic signal at Jefferson and Tamarack was not con- templated as a part of Phase One. However, we will install this traffic signal as you have required as a part of Phase One. Item 4-C. The condition to improve Chinquapin Avenue has been rewritten to require completion of the entire street between 1-5 and the A.T. & S.F. Railroad prior to the completion of Phase Two. The original requirement as originally approved reads that the installation of street improvements westerly of Jefferson Street may be defferred until construction has begun on that portion of the development west of the existing subdivision. We intend to improve Chinquapin Avenue from the westerly side of Jefferson Street to 1-5 and complete that section prior to completion of Phase One. UNI D HUNTS 6 fi55OCK. fU.fi. Architects • Environmental Planners 3024 5th Ave., San Diego, California 921037(714) 291-5090 Mr. Donald Agatep August 2, 1972 Page two I would like to request that we return to the original concept for improvements to Chinquapin and complete the improvements for the remainder of Chinquapin prior to the completion of Phase Four. We are in accord with the remaining requirements. Very truly yours, D. Hunts cc: Paul Bussey, City Manager !,:ATE OF CALIFORNIA RONALD REAGAN, Governor CALIFORNIA COASTAL ZONE CONSERVATION COMMISSION 1540 MARKET STREET, 2nd FLOOR SAN FRANCISCO, CALIFORNIA 94102 PHONE: (415) 557-1001 September 10, 1974 Larry D. Hunts & Associates 3024 - 5th Avenue San Diego, CA 92103 Dear Mr. Hunts: The Commission's staff has recently obtained the comments of the City of Carlsbad with respect to the draft language for the dedication of the open space easement previously transmitted to you pursuant to one of the conditions of your permit for the Papagayo project. The City of Carlsbad's only concern with the draft language is that it does not explicitly state that the dedica- tion is. to be in perpetuity. Accordingly, the draft language of the proposed dedication should be supplemented by the following: Duration and Termination. The rights granted herein shall be of perpetual duration. For purposes of determining compensation to be paid by reason of the taking or condemning of all, or a portion of the property for public use, the portion of or interest in the property to be so taken shall, be valued as though this grant of easement had never been made. The above language should be added to the draft open space easement to which you have previously agreed (see attached). As soon as you have transmitted to the staff of the State Commission evidence that the appropriate subordination agreements have been executed, that a title policy has been issued assuring that the easement has priority over g.n encumbrances covering the easement area and that the dedication of the open space easement has been offered to the City of Carlsbad and has been accepted and recorded, the staff of the State Commission is prepared to attest that you "will have satisfied Condition 3 of the permit issued for the .Pcpagayo project (Appeal No. 81-73)- Verification that you have satisfied Conditions 1, 4> and 5 should be transmitted to the staff of the State Commission by the City of Carlsbad. Yours very truly, JOSEPH E. BODOV1TZ Executive Director Attach. cc: Paul D. Bussey, City Manager, City of Carlsbad i A. Agatep, Planning Director, City of Carlsbad ; __ ARTICIE PPEN_SPACE EASEMENT Section .1 Grant of Open Space Easement: Declarant shall grant to the City of Carlsbad or any appropriate public governmental agency that agrees to accept, an Open Space Easement over the hereinafter described area. The grant of easement shall be by deed prepared by Declarant which shall be executed and delivered prior to the closing of the first escrow for the sale of a unit and shall contain a.1.1 the covenantss conditions, and limitations provided in this Article . Section __.2 frfaintenance of Easement Area; The easement area shall be maintained and preserved in its natural state at the sole cost and expense of the condominium homeowner's association while the Coastal Plan of the California Coastal Zone Conservation Commission is being prepared. Section .3 Modification of Easement Area; The easement to' be granted under - this Article is pursuant to a permit issued by the California Coastal Zone Conservation "'• Commission for the development of the property that is subject to these Covenants, Conditions, and Restrictions. In the event that further permits are subsequently obtained from the California Coastal Zone Conservation Commission, its. successors ;,as designated J, /' - - ••by the-'Coastal Commission or by legislation, such other governmental agencies as may then be required, the easement area may be modified only upon the agreement of all of the aforementioned parties. Section .4 Use of Easement Area: The easement area shall be used for open space, trail systems, and enjoyment by the public. No sports activities other than walking, running or bicycle riding shall be permitted in the easement area, nor shall any public meetings or concerts be permitted. No motor vehicle-or motor driven cycle shall be allowed in the easement area (except such motor driven equipment t as is reasonably necessary for the maintenance of the area) and no improvements of / any nature shall be installed except picnic tables, benches, children's play equipment, trails or paths. . '.' •5 £®r;c.Ei]?J?i5[nL2£—A-£S.§J. ^ia easement shall be over the following described area, and Declarant shall provide public access from the public street to the easement area over a clearly marked path not less than 20' wide. Section .6 -Effectjjf _Fore_closure; All of said covenants, conditions and rcstrictic shall be binding upon and effective against any owner whose title is derived through . foreclosure, deed in Ibu of-foreclosure, trustee's sale or otherwise. Section .7 Construction and Validity:i All of the covenants, conditions and restrictions contained herein shall be construed in a fair manner, and neither for nor against Declarant. If any one or more provisions or any portion thereof shall be held to be invalid, or for any reason become unenforceable, no other covenants, restrictions or conditions shall be thereby affected or impaired. Section .8 Successgj^^and^Assiggis,: The rights., duties and powers of Declarant under this Delcaration shall run in favor of and be binding upon the successors and assigns of Declarant. By the acceptance of a deed of conveyance, each grantee or transferee of Declarant with respect to the Project, accepts the property subject to all covenants, conditions and restrictions herein, and all obligaltions herebyj imposed shall be-deemed to be covenants running with the land, and shall bind any ' person having any time any interest or estate in the Project, and shall inure to the benefit of the City of Carlsbad and the State of California in like manner as though the provisions of this Declaration were set forth in full in each deed of conveyance. DECLARANT HAS EXECUTED THIS DECLARATION on the date set forth above. -The foregoing easement terms are approved and accepted, and will provide the grantee of the easement a title insurance policy insuring that all encumbrances covering land within the easement area are subordinate and subject to the easement. /^^~^ > Dated: "" " " ~" S9 f^ntiSg ©I IU9 ii«,-a, provisions of fao ©pee cmosmoafe8 my isa@a© ©bjecttoa t@ ©I IMs tilled "d^sfa" fioa te.fTOimati©3!15 la the fes8 tfeo will tte aaeeaoas^f otepo t© iiacsi^sitiSG tfeS |Mi?Qgsaapli3 the easem.es! la faslotl pt^ t© t&e terms ol letter ttm el tko t«rllsi© t© letter to fee ia Ike Co^esaes&e^ Cosdill@assEestrietiens, tfee t© tjfei pos-salt Mr/e boesa o0,ttBf!od» WQ & ogruoEaosS tke satlsfii^tlea ©f se festte-aj ©s8 will fe by Ilic CARLSBAD UNIFIED SCHOOL DISTRICT "AN AFFIRMATIVE ACTION EMPLOYER" 801 PINE AVENUE CARLSBAD, CALIFORNIA 920j08 RECEIVED OCT 2 5 1974 October 25, 1974 CITY OF CARLSBAD Planning Department Reference: Papagayo Hunts Partnershi Mr. Paul D. Bussey City Manager City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Dear Mr. Bussey: We are pleased to inform you that the representative of the above-referenced development has made payment to the district for fees contributable to the first 50 dwelling units to be constructed in .the project. . .. Sincerely yours R. A. Crawfc District Superintendent RAC:aw CC: Hunts Partnership RECEIVED OGT 2 5 1974 CITY OF CARLSBAD Planning Department ADMINISTRATION 729-9291 RECEIVED Dl OF CARLSBADOctober 28, 1974 Planning Department Mr. Larry D. Hunts Papagayo by the Bay P.O. Box 787 Carlsbad, CA 92003 It is ray understanding that on 10/24/74 you paid park fees in the amount of $25,819.00 in connection with the Papagayo project. So that no misunderstanding later occurs, it should ba emphasized that this payment was for phase one and two of that development only. The third phase, which has baen deleted by the Coast Coramlsaion, has not bean included in that payment. Should the Cotomission later grant you the right to develop that portion, it will be necessary to pay fees in connection with that develop- ment at the time of specific plan approval. If you have any questions concerning this matter, please fsal free to contact Ed Johnson of our Parks and Recre- ation Department. PAUL D. BUSSEY, City Manager ?DB:dp cc: Mr. Don Agatep Mr. Ed Johnson STATE OF CALIFORNIA, ) COUNTY OF SAN DIEGO ) ss. nnNflin A /AG^TEP' Planning Director I, (Ml"!r..y../W JG&XXMX <>f tl'e City of Carlsbad, County of San Diego, State of California, hereby certify that I have compared tlie foregoing copy with the original ....Spg.C.l.I.lC....£.1.9.0... passed and " rpni j 1 f\ radopted by said City Council, at ..9.fl...SO,JO.Ur,.r).6U/... nleeting thereof, at the time and by the vote therein stated, which original .Sp£Ci.f.iC....P.ldH i.v now on file in my office: that the .same contains a full, true ami correct transcript therefrom and of the whole thereof. Witness my hand and the seal of said City of Carlsbad, this l.l.t.h day of Edtf.a....19.7.6 (SKA I.) PLANNING DIRECTOR MEMORANDUM DATE: May 5, 1978 TO: James C. Hagaman, Planning Director FROM: Bud Plender, Assistant Planning Director SUBJECT: PAPAGUAYO, SP 31.A Recently you asked me for a brief explanation and the status v of the open space easement in the Papaguayo development. The ——^> original approval was SP-31 (Ordinance 9311) and CT 72-13 (City Council Resolution No. 3038). They were approved in the summer of 1972. The specific plan was amended as SP-31(A) (Ordinance No. 9401), August 1974. This amendment included the requirements for a 20' wide public easement from the end of Harbor Drive to the open space dedication. This access was for bikes and pedestrians. Another condition required the conveyance for public use a 3.2 acre open space easement along the waterfront, across the entire width of the property. The tract map was amended by CT 74-22 (City Council Resolution No. 3602) in early 1975. This amendment was basically the same as the original approvals except that there was some realignment of lot lines so that each of the six lots would have access onto a public street. The map was finalized in phases, the Final Map 8045 with the first phase included the deduction of the 3.2 acre open space easement along the waterfront. The subsequent Final Map 8107 dedicated the public access easement from Harbor Drive to the open space easement. Therefore, the public now has access to the water from Harbor Drive and there is a perpetual easement on the waterfront for open space. The phasing condition of SP-"f31(A) is relatively simple. The five phases for development are listed in numerical order as they are to be developed with the possibility of developing phases 4 and 5 simultaneously at the completion of Phase 3. The key importance of this phasing plan is that there is no sequence listed for the development of Phase 6. Phase 6 is all that property south of the end of Harbor Drive and the other phases. Phase 6 is shown on SP-31-A as a vacant land of approximately seven acres of which the 3.2 acre open space easement is included. Therefore, the applicant would have' to amend the specific plan for development of Phase 6. It seems to me that before the City or the Coastal Commission would approve units or Phase 6, the Agua Hedionda Specific Plan would -have to be completed. BP:sb DEVELOPMENTAL SERVICES D Assistant City Manager (714) 438-5596 D Building Department (714) 438-5E25 O Engineering Department (714) 438-5541 D Housing & Redevelopment Department (714)438-5611 D Planning Department (714) 43S-5591 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92003 Citp of Carbftab December 9, 1980 Larry Hunts 832 Kalpati Carlsbad, CA 92008 RE: Specific Plan 31-A (Papagayo) • Dear Mr. Hunts, Specific Plan 31-A for the development, of 230 dwelling units on property generally located east of the A.T. & S.F. Railroad, west of Interstate 5 and south of Chinqua- pin Avenue was approved by the City Council on August 24, 1974. One of. the conditions of approval; No. 4-E, stated "Building permits shall not be issued on any phase after 5 years from the date of City Council approval unless development is reviewed by the City Council to determine if development is in substantial compliance with General Plan, ordinances or policies that may have been adopted during this 5-year period." Because of the sewer moratorium, you were unable to com- plete the development of the project within 5 years. The City previously indicated that projects such as yours would not expire during the sewer moratorium. Therefore, this is to inform you that the 5-year time period was not running during the moratorium. The sewer moratorium com- menced on April 19, 1977. At that time, 2 years and 7 months had elapsed on your Specific Plan. The sewer mora- torium was lifted on July 1, 1980. 5 months have now elap- sed since that time, therefore you have 2 years or until December, 1982 to comply with Condition 4-JE of the Speci- fic Plan. If you have any additional questions, I may be contacted at 438-5591. CITY OF CARLSBAD MICHAEL HOLZMILLER Principal Planner MH: j t 12/9/80 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 Cttp of Cartebafc PUBLIC NOTICE OF PRIOR ENVIRONMENTAL COMPLIANCE Please Take Notice: 438 - 5591 The Planning Department has determined that the environmental effects of the project described below have already been considered in conjunction with previously certified environmental documents and, therefore, no additional environmental review will be required and a notice of determination will be filed. Project Title: Papagayo Project Location: South of Chinquapin Avenue, adjacent to Agua Hedionda Lagoon. Project Description: Approximately 1500 cubic yards of grading to allow for the construction of 72 units. Justification for this determination is on file in the Planning Department, City Hall, 1200 Elm Avenue, Carlsbad, CA. Comments from the public are invited. Please submit comments in writing to the Planning Department within ten (10) days of date of publication. Dated: January 4, 1982 Case No: CT 72-13 Applicant: Papagayo Publish Date: January 16, 1982 JAMES C. HAGAMAN/X -Planning DirecPC U PC 1 MEMORANDUM DATE: March 25, 1982 TO: Frank Aleshire, City Manager FROM: James C. Hagaman, Planning Director SUBJECT: Papagayo Building Height Determination This memo is in response to the petition sent to the city on Feb- ruary 9, 1982, by residents living adjacent to the Papagayo pro- ject. The petition questioned street improvements along Chinqua- pin Avenue, a proposed traffic signal at Jefferson and Tamarack and building heights (see attached petition). The attached memo from the Engineering Department discusses the first of two con- cerns. This memo will discuss the building height issue. Speci- fically, the petition asked: "how a developer can get approval to build on raised grade and then go to questionable height limit?" In an attempt to answer this question, staff has made an exten- sive search of the city's files dealing with the Papagayo project and talked to a number of people who were involved with the orig- inal approval. This research revealed that there are no written records or officially approved exhibits discussing or illustrat- ing the heights of the buildings. Staff has received conflicting information from people who were present at the time of approval regarding the allowable height of the buildings. When the Specific Plan and Tentative Map for this project were first approved in 1972, the P-C zone, in which it was located had no height limit. Building heights for projects within the P-C zone were determined on a project by project basis. av^-l.aiil£_^ build ing "height-^as"~esfeablishe4^JlQ^ approval"."*" The applicant has submitted a rendering of the site which shows 'four-story buildings and claims that the city approved that pro- ject. The applicant also submitted an article from the June 18, 1972 edition of the San Diego Union which showed this rendering as the approved Papagayo project (see Exhibit A). Staff has received a Tentative Map for the project from Planning Commis- sioner Jose, which showed elevations in one corner of the plan (see Exhibit "B" ) . One of these elevations showed a four story building constructed adjacent to a mound, the same as is "EXHIBIT 2" existing today. Commissioner Jose also gave staff a cross section of the site which showed mounding and four-story buildings (See Exhibit C). Both of these plans lacked any offi- cial approval stamp from the city of Carlsbad. The mounds upon which the buildings are placed seemed to have been an original part of the plan because the project description portion of the Environmental Impact Report for CT -72-13 states: "Additional earthwork will create east-west longitudinal mounds upon which dwelling units are to be built. The mounds will have a maxi- mum elevation difference of 20* above the existing terrain. The maximum height of the units con- structed on the mounds will be 15'-18' above finished grade." The existing buildings and the buildings under construction on the mound appear to conform to the exhibits staff has found, but are substantially higher than the 15'-18' height stated in the Environmental Impact Report. Staff has no explanation for this discrepancy, other than the Environmental Impact Report was not an approval document. The buildings that have been constructed on the mound have a height of approximately 40.5' as measured using today's Zoning Ordinance. All of the buildings on the flat portion of the site are less than 35' in height per Builidng Department memorandum dated March 26, 1982. Again it appears these buildings were constructed according to the originally approved plans. In summary, given all of the available evidence it appears to staff that the buildings have been constructed and are being constructed in accordance with the plans approved by the city. RECOMMENDATION Staff recommends that Mr. Hunts be allowed to continue the con- struction of all buildings that have already been framed. The Building Department should closely monitor the construction of the remaining buildings on the flat portion of the site to make sure that none of them exceed a height of 35* as defined by .our existing ordinance. This may require some minor modifica- tions in the roof pitch for several buildings. — 2— Staff realizes that this is probably not the answer the people who signed the petition were hoping for. We realize that this project was approved years ago and our city has changed. However, the construction of this project has been delayed by events that Mr. Hunts has had no control over. JCH:MH:rh Attachments 1. Petition dated February 9, 1982 2. Memo from Engineering Department dated February 23, 1982 3. Exhibits A-C -3- .RECEIVED ^r MEMORANDUM r*rr- <"S O '."! ~ ~)rcLT, & •••- -- DATE: February 23, 1982 Q|TY OF CARLSBAD Developmental Services'TO: Assistant City Manager/Developmental Services FROM: Acting City Engineer SUBJECT: LETTER OF COMPLAINT FROM RESIDENTS ADJACENT TO THE PAPAGAYO DEVELOPMENT (CT7i>-22, SP-31A) Summary 1. . Construction of the traffic signal was deferred by the City Engineer and currently does not yet meet traffic signal warrants. 2. Construction of half street improvements on Chinquapin Avenue have been bonded for and will be constructed concurrent with Phase IV of the pro- ject (which has not yet started). Background On February 17, 1982 the Engineering Department received a copy of a letter of complaint, dated February 9, 1982, concerning the Papagayo Development (CT7*»-22, SP-31A). There were two points of concern to the Engineering De- partment raised in the letter. 1. Construction of a traffic signal at the intersection of Jefferson Street and Tamarack Avenue. 2. Construction of half street improvements on Chinquapin Avenue between 1-5 and the AT&SF tracks. Discussion^ The revised Specific Plan 31A covering the overall Papagayo Development states per Condition AB of Ordinance No. 9^01, dated August 20, \37k, that the traffic signal at Jefferson Street and Tamarack Avenue shall be required as part of Phase I. Additionally, Condition Mo. 8 of Resolution No. 3&G2 approving Carlsbad Tract 7*1-22, dated March k, 197^, requires that the developer shall install a traffic signal at the above mentioned intersection (neglecting any reference to phase). Prior to the approval of the Final Map for CT7^-22, the developer did enter into a secured agreement for the completion of the traffic signal within a 36 month time limit. Since the signal has not yet been constructed, the agreement is currently in default. It would appear that the previous City Engineer administratively deferred the construction of the signal to a later phase due to a lack of signal warrants for the intersection, although there is no supporting documentation for this conclusion in the project file. "EXHIBIT 3" -2- Engineering staff has re-examined this intersection for signal warrants and determined that the signal is still not warranted at this time. It is there- fore recommended that the following be done concerning the traffic signal: 1. Have City Council change the specific plan condition to read that the signal shall be installed when warranted by traffic conditions. 2. Update the bo.nd and extend the time limit for another 3 years. 3- Have the developer design the signal now and submit approved plans prior to occupancy of 'Phase IV of the development. Implementation of these recommendations wi11 provide for the safe and effi- 'cient flow of traffic and ensure that the signal will be installed as soon as possible after the warrants have been met. The other Engineering concern noted in the letter was the installation of public street improvements along the south half of Chinquapin Avenue. Condi- tion No. ^iC of the SP-31A approval states that the full half street improve- ment of Chinquapin Avenue between 1-5 and the AF&SF Railroad tracks shall be installed prior to occupancy of Phase IV. In addition., the condition states that the improvements in front of the Phase III area shall be installed prior to occupancy of Phase I. This latter condition has been satisfied with the exception of the sidewalk improvements which are to be installed after the Phase II units to avoid damaging the sidewalk during construction. Plans for the construction of the remaining required improvements have already been approved by the City and updated bonds and agreements received. The plans provide for the construction of all curb and gutter along the southern half of Chinquapin Avenue including the portions of missing curb not immediately adjacent to the project site. Although the plans do include sidewalks adjacent to the project site, they do not show them along the remaining street frontage adjacent to existing residences. It can be assumed that the previous City Engineer did not interpret the condition to mean the installation of sidewalks in front of the existing residences. In any case, the installation of the sidewalk in this portion would necessitate the removal of some trees and other landscaping which may not be desired by the adjacent homeowners. It is there- fore suggested that the previous interpretation be upheld unless the adjacent residents make a specific request that the sidewalk be installed. Previous discussions with the developer indicate a willingness to comply with the City on this request should we ask for it. RHA:DAH:ls Attachment: Papagayo Phase Plan »t.iuf«g».^..uf*—> PAPAGAYO_ trr •»<: rwf SITE PLAN AOWA HCOIOMDA LAGOON .Vi MEMORANDUM DATE: March 26, 1982 • TO: JAMES HAGAMAN, PLANNING DIRECTOR FROM: Building Official SUBJECT: BUILDING HEIGHT/PAPAGAYO DEVELOPMENT/ JEFFERSON AND CHINQUAPIN On March 25, a physical building height measurement was taken at the above referenced project. Results of this measurement are as follows: V BUILDING NUMBER .HEIGHT TO GRADE 13 ' 33'3" 15 33'9 -18 34'6" 19 34'9" Buildings 21-21A-22 and 22A were not measured since they are exactly as high as previously approved adjacent structures. Exterior grade elevations were established by the Engineering department using top of curb on Chinquapin as the reference point. Height.elevation measurements were taken from the average height of the highest gable of the pitched roof. Our conclusion is that none of the buildings measured exceed 3$' above grade. This conclusion is valid whether we establish grade based on -past.or current ordinance criteria. MARTIN ORENYAK\ Building Official • 'RECEIVED ec: ACM/Development CITY OF CARLSBAD Developmental Services