HomeMy WebLinkAbout1995-04-04; City Council; 13064; Rancho Carrillo Tentative MapsCl7- OF CARLSBAD - AGEN-1 BILL 97 @
9B# i3.4w TITLE: APPROVAL OF VARIOUS RANCH0 CARRILLO TENTATIVE SUBDIVISION MAPS, PLANNED UNIT HTG. 3/21/95 DEVELOPMENTS,SITEDEVELOPMENTPLAN
IEPT. CA APPLICANT:RANCHO CARRILLO VILLAGES
3ECOMMENDED ACTION:
If Council concurs, your action is to adopt
1. Resolution No. CIS- by approving RANCH0 CARRILLO VILLAGES "L", "M" , "N" , "Q", "R" AND "T", TENTATIVE SUBDIVISION MAP CT 93-04; and
2. Resolution No. 95-65 approving RANCH0 CARRILLO VILLAGE
"0" I TENTATIVE SUBDIVISION MAP CT 93-08, PLANNED UNIT DEVELOPMENT PUD 93-07; and
3. Resolution No. 95-h& approving RANCH0 CARRILLO VILLAGES "F", "P" AND "G", TENTATIVE SUBDIVISION MAP CT 93-07, PLANNED UNIT DEVELOPMENT PUD 93-06, AND SITE DEVELOPMENT PLAN SDP 94-01
ITEM EXPLANATION
The City Council, at your meetings of February 21, 1995 and March 7, 1995, voted 4-O with Council Member Kulchin absent, to approve the above referenced tentative subdivision maps (CT 93-04, CT 93-08 and CT 93-07), planned unit developments (PUD 93-07 and PUD 93-06), and site development plan (SDP 94-01) for the Ranch0 Carrillo Master Plan located in Local Facilities Management Plan Zone 18. The Council directed the City Attorney to prepare the necessary documents with the following additional conditions:
"1 . That the developer is required to place and maintain in a prominent place in any sales office a map of the entire Ranch0 Carrillo Master Plan clearly indicating every approved land use and its location for the information of every potential purchaser. Developer shall acknowledge in writing compliance with this condition at all appropriate times as required by the Planning Director.
"2 . Developer acknowledges and understands that a potential school site has been reserved within the master plan for the potential acquisition by the San Marcos Unified School District. If the San Marcos Unified School District exercises its option to acquire this parcel for school purposes and if it determines to create, establish or annex to a Mello-Roos District which District authorizes a pass-through of any portion of its taxes or is otherwise inconsistent with City Council Policy 38, then developer shall comply with the following additional condition:
” ( 1) Prior to the approval of any final map or the issuance of any permits within the Zone 20 Specific Plan, the applicant for the final map or permit shall submit to the City that impacts to school facilities een mitigated in conformance with the City's Growth Plan to the extent permitted by applicable
Agenda Bill # 13,66 4 Page 2
state law for legislative acts. If the mitigation involves a financing scheme, such as a Mello-Roos Community Facilities District, which is inconsistent with the City's Growth Management Plan including City Council Policy Statement No. 38, the developer shall submit disclosure documents for approval by the City Manager and City Attorney which shall disclose to future owners in the project, to the maximum extent possible, the existence of the tax and that the school district is the taxing agency responsible for the financing district. At a minimum, the project CC&Rs shall require maximum disclosure and signed statements for disclosures upon transfer of residential property."
The Council should satisfy itself that the findings and conditions as recommended by itself and the Planning Commission accurately reflect your intentions in the matter.
EXHIBITS
1. Resolution No. q<-dY approving Ranch0 Carrillo Villages WL", IIM", "N", WQW, "R" MD IIT", Tentative Subdivision Map CT 93-04; and
2. Resolution N0.45~65 approving Ranch0 Carrillo Village "O", Tentative Subdivision Map CT 93-08, Planned Unit Development PUD 93-07; and
3. Resolution No. 95-b& approving Ranch0 Carrillo Villages
" F " r ,,p,, and llGll, Tentative Subdivision Map CT 93-07, Planned Unit Development PUD 93-06, and Site Development Plan SDP 94- 01
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A TENTATIVE SUBDIVISION MAP (CT 93-04) FOR A 288 SINGLE FAMILY AND TWO MULTIPLE FAMILY RESIDENTIAL LOTS, 18 OPEN SPACE LOTS, 1 COMMUNITY SERVICES LOT, 1 RECREATIONAL FACILITIES LOT, 1 RECREATIONAL VEHICLE STORAGE LOT AND 1 DAY CARE LOT ON 267.7 ACRES ON PROPERTY GENERALLY LOCATED IN THE SOUTHEAST QUADRANT OF THE CITY, WEST OF MELROSE DRIVE EXTENSION, EAST OF EL FUERTE EXTENSION AND SOUTH OF POINSETTIA LANE EXTENSION IN THE SOUTHERN PORTION OF THE RANCH0 CARRILLO MASTER PLAN IN LOCAL FACILITIES MANAGEMENT PLAN ZONE 18. CASE NAME: RANCH0 CARRILLO VILLAGES ,,L", "M", "NW, IIQ”, "R" AND "T"
CASE NO. CT 93-04
WHEREAS, on November 16, 1994, November 30, 1994 and
January 4, 1995 the Carlsbad Planning Commission held duly notice
public hearings to consider a proposed Tentative Subdivision Map CT
93-04 for a 288 single family and 2 multiple family residential
lots, 18 open space lots, 1 community services lot, 1 recreational
facilities lot, 1 recreational vehicle storage lot and 1 day care
lot project and adopted Resolutions No. 3706 and 3707 recommending
to the City Council that Tentative Subdivision Map CT 93-04 be
approved; and
WHEREAS, the City Council of the City of Carlsbad, on
February 21, 1995 and March 7, 1995 held public hearings to
consider‘the recommendations and heard all persons interested in or
opposed to CT 93-04; and
WHEREAS, a Environmental Impact Report (EIR 91-04) was
previously certified July 27, 1993 for the Ranch0 Carrillo Master
Plan MP 139(E), and this project complies with all applicable
mitigation measures outlined by Final EIR 91-04 for the development
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of the Local Facilities Management Zone 18 and, as proposed, this
project will not create any additional significant adverse
environmental impacts, and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the Tentative Subdivision Map CT 93-04 for this
project is approved and the findings and conditions of the Planning
Commission contained in Resolutions No. 3706 and 3707 on file with
the City Clerk and incorporated herein by reference, are the
findings and conditions of the City Council with the following
amended and new conditions:
"A. That the developer is required to place and
maintain in a prominent place in any sales office a map of the
entire Ranch0 Carrillo Master Plan clearly indicating every
approved land use and its location for the information of every
potential purchaser. Developer shall acknowledge compliance in
writing with this condition at all appropriate times as required by
the Planning Director.
"B . Developer acknowledges and understands that a
potential school site has been reserved within the master plan for
the potential acquisition by the San Marcos Unified School
District. If the San Marcos Unified School District exercises its
option to acquire this parcel for school purposes and if it
determines to create, establish or annex to a Mello-Roos District
which District authorizes a pass-through of any portion of its
taxes or is otherwise inconsistent with City Council Policy 38,
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then developer shall comply with the following additional
condition:
"Prior to the approval of any final map or the
issuance of any permits within the Zone 20 Specific Plan, the
applicant for the final map or permit shall submit evidence to the
City that impacts to school facilities have been mitigated in
conformance with the City's Growth Management Plan to the extent
permitted by applicable state law for legislative acts. If the
mitigation involves a financing scheme, such as a Mello-Roos
Community Facilities District, which is inconsistent with the
City's Growth Management Plan including City Council Policy
Statement No. 38, the developer shall submit disclosure documents
for approval by the City Manager and City Attorney which shall
disclose to future owners in the project, to the maximum extent
possible, the existence of the tax and that the school district is
the taxing agency responsible for the financing district. At a
minimum, the project CC&Rs shall require maximum disclosure and
signed statements for disclosures upon transfer of residential
property."
3. This action is final the date this resolution is
adopted by the City Council. The provision of Chapter 1.16 of the
Carlsbad Municipal Code, "Time Limits for Judicial Review" shall
apply:
"NOTICE TO APPLICANT"
**The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking judicial
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review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California 92008."
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the
City Council of the City of Carlsbad on the day of
1995, by the following vote, to wit:
AYES:
NOES:
ABSENT:
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
(SE=)
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A TENTATIVE SUBDIVISION MAP (CT 93-071, PLANNED UNIT DEVELOPMENT (PUD 93-06), AND SITE DEVELOPMENT PLAN (SDP 94-01) FOR A 117 SINGLE FAMILY AND 1 MULTI-FAMILY RESIDENTIAL LOT PROJECT ON LAND GENERALLY LOCATED SOUTH OF PALOMAR AIRPORT ROAD AND EAST OF MELROSE DRIVE (FUTURE) IN LOCAL FACILITIES MANAGEMENT PLAN ZONE 18. APPLICANT: RANCH0 CARRILLO VILLAGES "F", "P" AND "G" CASE NO: CT 93-07/PUD 93-06/SDP 94-01
8 WHEREAS, on November 16, 1994, November 30, 1994 and
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11 (CT 93-071, Planned Unit Development (PUD 93-06) and Site
Development Plan (SDP 94-01) for a 117 single family and 1 multi-
family residential project and adopted Resolutions No. 3680, 3681
and 3682 respectively, recommending to the City Council that the
Tentative Subdivision Map (CT 93-071, Planned Unit Development (PUD
93-06) and Site Development Plan (SDP 94-01) be approved; and
WHEREAS, the City Council of the City of Carlsbad, on
18 February 21, 1995 and March 7, 1995 held public hearings to
19 consider the recommendations and heard all persons interested in or
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26 of the Local Facilities Management Zone 18 and, as proposed, this
27 project will not create any additional -significant adverse
28 environmental impacts, and
RESOLUTION NO. 95-66
January 1, 1995 the Carlsbad Planning Commission held duly noticed
public hearings to consider a proposed Tentative Subdivision Map
opposed to Tentative Subdivision Map (CT 93-071, Planned Unit
Development (PUD 93-06) and Site Development Plan (SDP 94-01); and
WHEREAS, a Environmental Impact Report (EIR 91-04) was
previously certified July 27, 1993 for the Ranch0 Carrillo Master
Plan MP 139(E), and this project complies with all applicable
mitigation measures outlined by Final EIR 91-04 for the development
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the Tentative Subdivision Map (CT 93-06),
Planned Unit Development (PUD 93-071, and Site Development Plan
(SDP 94-01) for this project are approved and that the findings and
conditions of the Planning Commission contained in Resolutions No.
3680,. 3681 and 3682, respectively, on file with the City Clerk and
incorporated herein by reference, are the findings and conditions
of the City Council with the following
Ilk. That the developer is required to place
and maintain in a prominent place in any sales office a map of the
entire Ranch0 Carrillo Master Plan clearly indicating every
approved land use and its location for the information of every
potential purchaser. Developer shall acknowledge in writing
compliance with this condition at all appropriate times as required
by the Planning Director.
"B . Developer acknowledges and understands
that a potential school site has been reserved within the master
plan for the potential acquisition by the San Marcos Unified School
District. If the San Marcos Unified School District exercises its
option to acquire this parcel for school purposes and if it
determines to create, establish or annex to a Mello-Roos District
which District authorizes a pass-through of any portion of its
taxes or is otherwise inconsistent with City Council Policy 38,
then developer shall comply with the following additional
condition:
"Prior to the approval of any final map or the
issuance of any permits within the Zone 20 Specific Plan, the
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A
applicant for the final map or permit shall submit evidence to the
City that impacts to school facilities have been mitigated in
conformance with the City's Growth Management Plan to the extent
permitted by applicable state law for legislative acts. If the
mitigation involves a financing scheme, such as a Mello-Roos
Community Facilities District, which is inconsistent with the
City's Growth Management Plan including City Council Policy
Statement No. 38, the developer shall submit disclosure documents
for approval by the City Manager and City Attorney which shall
disclose to future owners in the project, to the maximum extent
possible, the existence of the tax and that the school district is
the taxing agency responsible for the financing district. At a
minimum, the project CC&Rs shall require maximum disclosure and
signed statements for disclosures upon transfer of residential
property."
3. This action is final the date this resolution is
adopted by the City Council. The provision of Chapter 1.16 of the
Carlsbad Municipal Code, "Time Limits for Judicial Review" shall
apply :
"NOTICE TO APPLICANT"
"The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. .A.ny petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be
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filed in court is extended to not,later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California 92008."
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the
City Council of the City of Carlsbad on the
1995, by the following vote, to wit:
AYES:
NOES:
ABSENT:
day of
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
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1 RESOLUTION NO. 95-65
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A TENTATIVE SUBDIVISION MAP (CT 93-081, PLANNED UNIT DEVELOPMENT (PUD 93-07) FOR A 51 UNIT SINGLE FAMILY RESIDENTIAL PROJECT ON 19.3 ACRES OF LAND GENERALLY LOCATED IN THE SOUTHEAST QUADRANT OF THE CITY, WEST OF THE MELROSE DRIVE EXTENSION AND SOUTH OF THE POINSETTIA LANE EXTENSION IN THE SOUTHERN PORTION OF THE RANCH0 CARRILLO MASTER PLAN IN LOCAL FACILITIES MANAGEMENT PLAN ZONE 18. APPLICANT: RANCH0 CARRILLO VILLAGE "0" CASE NO: CT 93-08/PUD 93-07
9 WHEREAS, on November 16, 1994, November 30, 1994 and
10 January 1, 1995 the Carlsbad Planning Commission held duly noticed
11 public hearings to consider a proposed Tentative Subdivision Map
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Ow$ ziua SOS5 14
.cz!g a-> psg 15 S&$2 0 ggii,- pg$ 16
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(CT 93-08) and Planned Unit Development (PUD 93-07) for a 51 unit
single family residential project and adopted Resolutions No. 3675
and 3676 respectively, recommending to the City Council that the
Tentative Subdivision Map (CT 93-08) and Planned Unit Development
(PUD 93-07) be approved; and
WHEREAS, the City Council of the City of Carlsbad, on
February 21, 1995 and March 7, 1995 held public hearings to
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consider the recommendations and heard all persons interested in or
opposed to Tentative Subdivision Map (CT 93-08) and Planned Unit
Development (PUD 93-07); and
WHEREAS, a Environmental Impact Report (EIR 91-04) was
previously certified July 27, 1993 for the Ranch0 Carrillo Master
Plan MP 139(E), and this project complies with all applicable
mitigation measures outlined by Final EIR 91-04 for the development
of the Local Facilities Management Zone 18 and, as proposed, this
project will not create any additional significant adverse
environmental impacts, and
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the Tentative Subdivision Map (CT 93-08) and
Planned Unit Development (PUD 93-07) for this project are approved
and that the findings and conditions of the Planning Commission
contained in Resolutions No. 3675 and 3676, respectively, on file
with the City Clerk and incorporated herein by reference, are the
findings and conditions of the City Council with the following
"A. That the developer is required to place
and maintain in a prominent place in any sales office a map of the
entire Ranch0 Carrillo Master .Plan clearly indicating every
approved land use and its location for the information of every
potential purchaser. Developer shall acknowledge compliance in
writing with this condition at all appropriate times as required by
the Planning Director.
"B . Developer acknowledges and understands
that a potential school site has been reserved within the master
plan for the potential acquisition by the San Marcos Unified School
District. If the San Marcos Unified School District exercises its
option to acquire this parcel for school purposes and if it
determines to create, establish or annex to a Mello-Roos District
which District authorizes a pass-through of any portion of its
taxes or is otherwise inconsistent with City Council Policy 38,
then developer shall comply with the following additional
condition:
"Prior to the approval of any final map or the
issuance of any permits within the Zone 20 Specific Plan, the
applicant for the final map or permit shall submit evidence to the
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City that impacts to school facilities have been mitigated in
conformance with the City's Growth Management Plan to the extent
permitted by applicable state law for legislative acts. If the
mitigation involves a financing scheme, such as a Mello-Roos
Community Facilities District, which is inconsistent with the
City's Growth Management Plan including City Council Policy
Statement No. 38, the developer shall submit disclosure documents
for approval by the City Manager and City Attorney which shall
disclose to future owners in the project, to the maximum extent
possible, the existence of the tax and that the school district is
the taxing agency responsible for the financing district. At a
minimum, the project CC&Rs shall require maximum disclosure and
signed statements for disclosures upon transfer of residential
property."
3. This action is final the date this resolution is
adopted by the City Council. The provision of Chapter 1.16 of the
Carlsbad Municipal Code, "Time Limits for Judicial Review" shall
apply: P
"NOTICE TO APPLICANT"
"The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be
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filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California 92008.1t
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the
City Council of the City of Carlsbad on the day of
1995, by the following vote, to wit:
AYES:
NOES:
ABSENT:
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
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TO: City Council Members
FROM: Julia Klaerich 2928 Cacatua St. Carlsbad
RE: Approval of Ranch0 Carrillo Development
DATE: 3/21/95
It has been brought to our attention by Staff that our "Additional Condition" to the Ranch0 Carrillo Development
has not been entered officially into public record.
Attached is our agreement with Continental Homes. When
we spoke at the last City Council meeting, we were unaware that we should have reviewed these items point by point so that they would have been on record. We were under the impression that an agreement with Continental Homes was sufficient. It has since been pointed out to us that these conditions may not be met if this project should be sold to another developer, or if any other circumstances might change.
We would like to rectify our error by having the attached letter entered into public record as an "Additional Condition" to the approved project.
Thank you.
lia Klaerich
A
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The Agreement {herdnaftyr Xgretmcnt”] is made and entered into this -mm--- day of Iu----w- w--m 1995 between the qwners of Lot 578. Lot 580, Lot 581 and Lot 584 of la Costa Meadows Unit No. - _- . . . - I- . 3 (heMinaftor “Homeowners”) and Continental Homes (hcrctnaftar “Developer “) with its prfncipal place of business at -1------------U--------------~-- mm- *a----u following consultations and meetlngs. The undersigned parties, for thcmuelves, their succe~~ot~ and rsdghs hereby covenant and agree as follows:
1. PMvirlon of Privacy. Homeowners do not want their new Rancho CarIllo ncighbors to be able to ate into Homeowners’ yards from their top story. Particular concerns cater on the foIlowIng sets of propertfcs: Lot8 199-201 into Lot 578, Lots 197-199 into Lot 580, bt8 198-198 into Lot 581, and Lots 19fm195 into Lot 584. Developer understands Homco~ncrs’ concerns and Wshca to work with Homeowners to reduce this impact of this aspect af the Rancho Carillo on Homeowners. Developer has drawn up conceptual plans to achieve thls aim. Developer shill construct at its sale cost a berm that wtll tun between Homeowners’ northern property bouadnries and Developer’s southern boundary. Dwelopcr shall build rt its sole cost s. wall on tap of the berm of sufffckt heipht to prevent people in Ranchcr C&rillo from bclng able to see Into Homeowners’ yards from their top story. The cwtlinc pian far this IS rttuchcd in Whit A and incorporated herein by reference.
a. The Berm, The berm shall start at or before the eastern boundary of Lot $, atld shall run out at approximately the western boundary af Lot I
h, The Wall. The wnll abaIl be of stotie, brick or block couatruction, wlth stucco finish, to match ond be fn tune with the development Ln that area, According to Developer’s calculations, a wall of SIX feet -in height would provide the needed privacy. The 11x1~ of sight wfll extend from the top of the second story windows in Village R to six feet above pad level at Homeowners’ houses. The wall shall be Homeowners’ property.
c. Changam to VilIagc It Pluks. If there are substantive changes to the current Rancha Carfllo plans, such II changing the elevation of the pads, tWs rolutl;on will aece6s~rIly have to change. Developer shall notify Homeowners seperateIy of such changes in Wltlng as soon as the plans are changed. DeWoper and Homcowncrs will then agree a new solution to the privacy problem.
2. Grant at md, Developer shall grunt title to the land that will exist between the well dcacribed in Paragraph 1 and Homeowners’ cutrent northern property boundariers. Each Homeowner wllI be granted their portion of land deflncd by extending their current eastern and western property boundarks northwArds to tha llnc of AAid Wall,
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n, The title to the land ahaIl puss from Developer ta each Homeowner after all coas~uctlon work on the bcm and wall Is complete, and in the case of Lot 578, after the work described in Paragraph 3 has been completed. The titla shall pass to each Homeowner free of any liens, encumbrances, rights, or restrlctlons of use.
b. The land, preparation work, and traarsfcr shall be without cost to Homeowners, Developer shall pay all necessary and appropriate fees including but not llmitcd ta: drawing up the necessary papers, agreeing them, and recording them at the appropriate County, mortgage and titie insurance, and other necessary offices,
c. The land shall be properly prepared and graded to current enginccrlng standards by Developer, with sufftcient topsoil laid down to enable seeding and auccers~ cultivation of the entire area.
3, Regrading at Lut 576. At Lot 578, Developer shall regrade part of Hrrme~wner’r axistlng property provldinp suitable earth for fill, together with the necessary work to current engineering standards, and topsall, The outIine of the wark Ir described In a fax dated February 15, 1995, from Robert W. Wilkinson of Rick Planning Group to beveloper, P copy of which is attached in Exhibie B and incorporated herein by reference. The privacy fence described In the fa% would march the existing western wooden fence, with brick pilasters. Homeowner of lut 578 understand the need for access to their land for the agreed work, and the necessary paperwwrk to allow that, Developer will carry out nI1 necessary work without cost to Homeowner of Lot 578,
4. Landscape Allowance. Homcownerr shall receive un allowance from Developer to help Homeowners defray the cost of landscaping their granted land.
a. A aurn of $500.00 per Lot shall be made by Developer separately to the omcrs of Lots 578,580, 581 and 584 separately, the Developer thus will disburse four sum of $500.00 totaling 92,000,
b, Dwrlopu shall draw up a recommended plan for landscaping the atea, with the primary goal being to gain exlza privacy for Homeowners through stlectlon, siting ahd planting of frees and large shrubs.
c. Homeowner shall be able to explore with Developer a purchase of the plantings through Developer’s lendscaper/suppller in order to obtain better p&es.
5. Village q R” Lot ZOO. Developer ngreed that a single story house shall be built on Lot 200.
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6. Servicing of Pool Equipment. Homeowners shall continue with Homeowners’ exlotlin$ pool service company and pay Homeowncrir’ current monthly charges. Developer shall pay any reaseaablc cxccos charges lncludfng any approprlate taxes during the grading and conetructton phases, such charges befng invoiced to Developer directly (or aoma other arrangement agreed between D,cvclopcr and the service company). Excess charges relating to extra cleaning, servicing and associated labor and travel shall not need Developer’s prior approval, but charges for replacement items must be cleared through Developer. Homeowners agreed to use the pool service company urcd by the Homeowners of Lot 580 to otrcamline administrative Issues.
7. Dc&natcd bavsloprr’r R@pxromatative. Developer shell provldc Homeowners with the name and contact details of a person t&t Homeowners may eonhct if Homeowners have any problems or questions during the construction. That persan will be able to ahswer questions and c~nccrns in a reasonable and short period of time.
8. N~tlf’icatian of GradlnR Schedule. Homeowners shall receive Prom Developer rcaeonable written notice of the timer and drtse of grading when done close to Hameownerr’ properties, Homeowners note that the 104 ordinance for construction apoclflee the hours of work mrg be b&wean 7:OO a.m. and dusk, Mondays through Fridays excluding holidays.
9, Status of Parties, NothIng contained herein shall be construed to create a partnership, joint venture or agency.
10. Agreement. This Agreement (i) contains a11 of the terzns aad condltians agreed upon by Developer and Hamsowners; (ii) mny be moclifhl only in writing rIgned by nil parties to this Ageemcat; (iii) rhall be binding upon and Inure to the benefit of the parties hereto ,md their respective waccescm and permitted asslgna; (VI shall be governed by and construed in accordance wit& the laws of the State af California.
11. Waiver. Nothing In tbls Agreement shall he deemed waked, ‘and IID breach excused, unless such walvcr or conrrat shall be in writing and rigned by the party or parties claimed to have waived or consented, No walvcr of any of the provlslons of tbiil Agreement shall be deemed, or shall constitute, I waiver of any other provirion, nor shall any waiver comtitute a continuing waiver.
12, Dispute Reaalutlon. Any dispute or difference arlslng between Homeowners af the one purt and Developer af the other part in connection with or arising out of this Agreement shall be submlttcd to the local offlce of the Judicial Arbitration and Mcdi&on Services, lnc (“JAMS) closest to Homeownera, or if JAMS 1s unavailable, by any organkzntlon of similar nature mutually agreed to by Howmeownera and Dcveloperq Par binding ublaation. The partter may agree on a retired judge from the JAMS panel for the blndlnp arbltratlon. If they are unable to agree, JAMS will provide a
.
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list of three rvallablc judges and each party may strike one. The remaining judge till wve ar arbitrator. The complalnlng party shall initiate the process by contacting the JAMS office to gcheduie a settlement conference within thirty (30) drya and by providing written notice thereof to the other Party-
13. Severability. In the event that any term or provision of this Agreement shall be deemed invalid, void, unlawful or unenforceable, such part shall be severid from the Agreement end the remainder thereof shall continue to be valid and enforceable without being fmpalred or invalidated fn any way,
14. N~tht, All notices and other comrnunicatlons hereunder shall be in writing and shall be sent by registered or certified mall, return receipt requested, and shall be deemed recefved five days after deposit in the mail, portage prepaid, addreseed to the pereon to rcceivc such notice at the fallowing addresses:
a. If to Developer:
..L.111~........~.,,.,,II,I,I,..LL.,~....,.,,,,,,,,,,,,.,,,,,.,.,........
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..~..................~1.....
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..~.~*...........*.....................
b, iE to Homcowne~: To each liomeowner eeprratcly, at their rcsldence In Cacam Street, Carlabad, CA 92009, addressed to: The Home Owner”.
c, Change of Addrcsr. Notice of chsnge of address shall be given by written notice in the manner described in Paragraph 14.
In witness thereof, the parties hereto have executed this Agreement as of the date first wrlttsn above:
DEVELOPER:
By: Title:
HOMEowNERS;
Lot 575 By;
Lot 580 By:
Lot 581 By:
Lot 564 By:
I 1, :! i ! ‘s 1, i j
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Februaryl5,1995
5620 him bad
Son thego, CA 92 I1012596
Phow (619) 191.0810
” Mr, ChriL ChrmlW6
ContInontal Home6
12636 High Bluff Drive,Suite 3OQ
&II Diago, Cwlifornia 92130
FOR (619) 2914165
SUi3JECI Village ‘R” Edge Condition
(Kick Engineering Job Numberi2064)
l&tar Chri6:
. Following up on your dlrectfon &ek last week’s meeting with the adjacent
ntighbors, I have a soiution for the hpmc wt 2,920 Cacatua, The gowl wa6 to get
them privac~intheirreary~rdlpoolsreafromviewscuttheseconds~~windows
[approximstc[y'Bfeet erbovcpad grads) on Lot #201. To product this privacy, a
fdnca should bo built on this b%‘S rear yard pad. $
I
70 do this the pad will
need' to be regrided,
pulling it out and
expan-ding the rear yard
approximately 5-8 feet,
To allow thl6 grading, Al
short I-3 foot r&dnfng
wail will need to be
con6Wcted jus&inside
G(6outh) ofthe ex16ting dralhage swale. Gradltig the bt6 within the master plan
will produce a flat area atthc property lint f&the continuou6 masontywall.
It should be stressbd to the existing prop&y owner6 Lhat ms$ntensnc\k af.thc
- ,drainage 6wAe ie still their re6poti6ibllity and important,
&sseIetme knowifyouwantanythlng e!6CotIthi6 matiter.
Bincerely,
RICK PLANNING GROUP
n
DirGGCdr of Dcdgn -
Physr~of Datiqn
PaMy monn/n()
Development So~~cw . .* . cc:Mr. Craig Knhbn, Rick Errginderlng Company , . . 1 1 I 'I
REW:vs.O03,