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HomeMy WebLinkAbout1995-04-04; City Council; 13082; Rancho Carrillo Tentative MapsCP’ OF CARLSBAD - AGEP4 BILL AD Y /ZAP7 mmff ‘J,uu- MTG. APPROVAL OF VARIOUS RANCH0 CARRILLO TENTATIVE SUBDIVISION MAPS, PLANNED UNIT DEVELOPMENTS. SITE DEVELOPMENT PLAN DEPT. CA I APPLICANT: RANCH0 CARRILLO VILLAGES RECOMMENDED ACTION: If Council concurs, your action is to adopt 0 fz DEPT. HD. 1. Resolution No. 95($4 approving RANCH0 CARRILLO VILLAGES "L", "M" t "N" r "Q", "R" AND "T", TENTATIVE SUBDIVISION MAP CT 93-04; and 2. Resolution No. ?gHbg approving FWXXiO CARRILLO VILLAGE "0" I TENTATIVE SUBDIVISION MAP CT 93-08, PLANNED UNIT DEVELOPMENT PUD 93-07; and 3. Resolution No. 95-b6 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 Ranch0 CarrilloMaster 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 Agenda Bill # 1.3 0152 Page 2 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." At its meeting of Tuesday, March 21, 1995, the City Council continued this item until its meeting of April 4, 1995, in order to allow the property owner and residents of certain lots in La Costa Meadows Unit No. 3 to reach agreement on items related to the impacts of the development of this project and that agreement made part of the public record. 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. w- LA approving Ranch0 Carrillo Villages WL", ,IM", ",,J", IIQW, "RI, AND IIT", Tentative Subdivision Map CT 93-04; and 2. Resolution No. q+b5 approving Ranch0 Carrillo Village "O", Tentative Subdivision Map CT 93-08, Planned Unit Development PUD 93-07; and 3. Resolution No.qsHb(f? approving Ranch0 Carrillo Villages " F " t Wpll and WGW, Tentative Subdivision Map CT 93-07, Planned Unit Development PUD 93-06, and Site Development Plan SDP 94- 01 i . 1 t 1 2 3 4 5 6 7 8 9 10 11 12 18 19 20 21 22 23 24 25 26 27 mitigation measures outlined by Final EIR 91-04 for the development 28 I RESOLUTION NO. 95-64 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 IILV, llMll, IIN,,, WQW, "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 . 1 ‘& 1 2 3 4 5 6 7 8 9 19 11 12 9 m %p A- %X H l3 OW8 iucl $045 14 .crz ;a >= ,,qz 15 S&$2 0 gg&- 034 16 E i3 a82 c."$ 17 b 18 19 20 21 22 23 24 25 26 27 28 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, 1 2 3 4 5 6 7 8 9 10 11 12 18 19 20 21 22 23 24 25 26 27 28 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 Ranch0 Carrillo Master 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 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 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 4th day of APRIL 1995, by the following vote, to wit: AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall NOES: None ABSENT: None ATTEST: UETHA L. RAJTENKR~ANZ, City Cl'lerk (SE-1 . i 1 2 3 4 5 6 7 8 9 10 11 12 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 95-65 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 LOCATED IN $&$:";$%iE CITY THE SOUTHEAST WEST OF THE MELROSE DRIVE EXTENSION AND SbUTH 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 WHEREAS, on November 16, 1994, November 30, 1994 and January 1, 1995 the Carlsbad.Planning Commission held duly noticed public hearings to consider a proposed Tentative Subdivision Map (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 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 1 2 3 4 5 6 7 8 9 10 11 18 19 20 21 22 23 24 25 26 27 28 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 Ranch0 Carrillo Master Plan, the applicant for the final map or permit shall submit evidence to the . 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 City that impacts to school facilities have been mitigated in conformance with the City's Growth Management Pian 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 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 3 1 2 3 4 5 6 7 8 9 10 11 12 2 8 mwo, yr-7 9% OW 8 13 juo” $04’c 14 .t:== 262 H pz& 15 0 $$&o- 0* 16 E 0s <8Y c 2% 17 u LJ 18 19 20 21 22 23 24 25 26 27 28 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 4th day of APRIL 1995, by the following vote, to wit: AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall NOES: None ABSENT: None ATTEST: ALETHA L. (SEAL) 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 26 RESOLUTION NO. 95-66 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 WHEREAS, on November 16, 1994, November 30, 1994 and January 1, 1995 the Carlsbad Planning Commission held duly noticed public hearings to consider a proposed 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 project and adopted Resolutions No. 3680, 3681 and 3682 respectively, recommending to the City Council that the Tentative Subdivision Map (CT 93-07), 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 February 21, 1995 and March 7, 1995 held public hearings to consider the recommendations and heard all persons interested in or 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 of the Local Facilities Management Zone 18 and, as proposed, this project will not create any additional significant adverse environmental impacts, and 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 93-07), 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 "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 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 Melld-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 Ranch0 Carrillo Master Plan, the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . 24 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 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 3 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 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 4th day of APRIL 1995, by the following vote, to wit: AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall NOES: None ABSENT: None ATTEST: ALETHAL. (SEAL) 4 Page 1 The Agreement (hereinafter “Agreement”) is made and entered into this _______ _/71--d& ________ day of _______ w ________ 1995 between the owners of Lot 578, Lot 580, Lot 581 and L t 584 of La Costa Meadows Unit No. 3 (hereinafter “Homeowners”) and Continental Homes (hereinafter “Developer ‘I) with its principal place of business at 12636 High Bluff Drive, Suite 300, San Diego 92 130 following consultations and meetings. The undersigned parties, for themselves, their successors and assigns hereby covenant and agree as follows: 1. Provision of Privacy. Homeowners do not want their new Ranch0 Carillo neighbors to be able to see into Homeowners’ yards from their top story. Particular concerns center on the following sets of properties: Lots 199-201 into Lot 578, Lots 197-199 into Lot 580, Lots 196-198 into Lot 581, and Lots 197-195 into Lot 584. Developer understands Homeowners’ concerns and wishes to work with Homeowners to reduce this impact of this aspect of the Ranch0 Carillo on Homeowners. Developer has drawn up conceptual plans to achieve this aim. Developer shall construct at its sole cost a berm that will run between Homeowners’ northern property boundaries and Developer’s southern boundary. Developer shall build at its sole cost a wall on top of the berm of sufficient height to prevent people in Ranch0 Carillo from being able to see into Homeowners’ yards from their top story. The outline plan for this is attached in Exhibit A and incorporated herein by reference. The Line of Sight diagrams prepared by Developer as a basis for this plan is attached in Exhibit B and incorporated herein by reference. a. Timing. Developer shall complete the necessary works described in Paragraphs 1, 2 and 3 as part of the first phase of work in Ranch0 Carillo. b. The Berm. The berm shall start at or before the eastern boundary of Lot 584, and shall run out at approximately the western boundary of Lot 579. I C. The Wall. The wall shall be d ston R or brick or block 4@ with stucco, to match and be in tune wit the development in that area. The cfi wall shall be Homeowners’ property. d. Changes to Village R Plans. If there are substantive changes to the current Ranch0 Carillo plans, such as changing the elevation of the pads, this solution will necessarily have to change. Developer shall notify Homeowners separately of such changes in writing as soon as the plans are changed. Developer and Homeowners will then agree a new solution to the privacy problem. 2. Grant of Land. Developer shall grant title to the land that will exist between the wall described in Paragraph 1 and Homeowners’ current northern property boundaries. Each Homeowner will be granted their portion of land defined by extending their current eastern and western property boundaries northwards to the line of said wall. Page 2 a. The title to the land shall pass from Developer to each Homeowner after all construction work on the berm and wall is complete and, in the case of Lot 578, after the work described in Paragraph 3 has been completed. The title shall pass to each Homeowner free of any liens or encumbrances not reasonably approved by Homeowners. b. The land, preparation work, and transfer shall be without cost to Homeowners. Developer shall pay all necessary and appropriate fees including but not limited to: drawing up the necessary papers, agreeing them, and recording them. Owners’ title insurance shall be provided by Developer. C. The land shall be properly prepared and graded to current engineering standards by Developer, with sufficient topsoil laid down to enable seeding and successful cultivation of the entire area. 3. Regrading at Lot 578. At Lot 578, Developer shall regrade part of Homeowner’s existing property providing suitable earth for fill, together with the necessary work to current engineering standards, and topsoil. The outline of the work is described in a fax dated February 15, 1995, from Robert W. Wilkinson of Rick Planning Group to Developer, a copy of which is attached in Exhibit C and incorporated herein by reference. The privacy fence described in the fax would match the existing western wooden fence, with brick pilasters. Developer will carry out all necessary work without cost to Homeowner of Lot 578. Homeowner of Lot 578 understands the need for Developer to have access to their land for this agreed work. Any necessary agreements concerning access to that land is a matter between the Homeowner of Lot 578 and Developer and is completely separate from this Agreement. 4. Landscape Allowance. Homeowners shall receive an allowance from Developer to help Homeowners defray the cost of landscaping their granted land. a. A sum of $500.00 per Lot shall be made by Developer separately to the owners of Lots 578, 580, 581 and 584 separately; the Developer thus will disburse four sums of $500.00 totaling $2,000. b. Developer shall draw up its recommendations for landscaping the area, with the primary goal being to gain extra privacy for Homeowners through selection, siting and planting of frees and large shrubs. C. Homeowner shall be able to explore with Developer a purchase of the plantings through Developer’s landscaper/supplier in order to obtain better prices. 5. Village “R” Lot 200. Developer agreed that a single story house shall be built on Lot 200 in Ranch0 Carillo Village R. Page 3 6. Servicing of Pool Equipment. Homeowners shall continue with Homeowners’ existing pool service company and pay Homeowners’ current monthly charges. Developer shall pay any reasonable excess charges directly resulting from the grading and construction phases, such charges being invoiced to Developer directly (or some other arrangement agreed between Developer and the service company). Excess charges relating to extra cleaning and/or servicing shall not need Developer’s prior approval, but charges for replacement items must be cleared through Developer. Homeowners agree to use the pool service company used by the Homeowners of Lot 580 to streamline administrative issues, subject to Developer’s reasonable approval. 7. Designated Developer’s Representative. Developer shall provide Homeowners with the name and contact details of a person that Homeowners may contact if Homeowners have any problems or questions during the construction. That person will be able to answer questions and concerns in a reasonable and short period of time. 8. Notification of Grading Schedule. Homeowners shall receive from Developer reasonable written notice of the times and dates of grading when done close to Homeowners’ properties. Homeowners note that the local ordinance for construction specifies the hours of work may be between 7:00 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 all of the terms and conditions agreed upon by Developer and Homeowners; (ii) may be modified only in writing signed by all parties to this Agreement; (iii) shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns; (iv) shall be governed by and construed in accordance with the laws of the State of California. 11. Waiver. Nothing in this Agreement shall be deemed waived, and no breach excused, unless such waiver or consent shall be in writing and signed by the party or parties claimed to have waived or consented. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, nor shall any waiver constitute a continuing waiver. 12. Dispute Resolution. Any dispute or difference arising between Homeowners of the one part and Developer of the other part in connection with or arising out of this Agreement shall be submitted to the local office of the Judicial Arbitration and Mediation Services, Inc (“JAMS”) closest to Homeowners, or if JAMS is unavailable, by any organization of similar nature mutually agreed to by Howmeowners and Developers, for binding arbitration. The parties may agree on a retired judge from the JAMS panel for the binding arbitration. If they are unable to agree, JAMS will provide a Page 4 list of three available judges and each party may strike one. The remaining judge will serve as arbitrator. The complaining party shall initiate the process by contacting the JAMS office to schedule a settlement conference within thirty (30) days 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 severed from the Agreement and the remainder thereof shall continue to be valid and enforceable without being impaired or invalidated in any way. 14. Notices. All notices and other communications hereunder shall be in writing and shall be sent by registered or certified mail, return receipt requested, and shall be deemed received five days after deposit in the mail, postage prepaid, addressed to the person to receive such notice at the following addresses: a. If to Developer: Continental Homes. 12636 High Bluff Drive, Suite 300, San Diego, CA 92 130. b. If to Homeowners: To each Homeowner separately, at their residence in Cacatua Street, Carlsbad, CA 92009, addressed to: “The Home Owner”. C. Change of Address. Notice of change 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 written above: DEVELOPER: HOMEOWNERS: , Lot 584 By: c,a $wvwn/L (x -k&f-- L 2 ? . as . ! I I . . I,’ : ,.: I) . y ;:’ ,. c . . ,i : *: :,“. . ‘.. .? : I: ‘. ‘. .i < ,:. , . ‘L .~ ” ..,. ‘. :; . . . ‘.G ’ .; ,, :: .: 1’ .’ ‘. : ‘2 . : : ,, ‘, :i ,: :,. 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I :. : .‘. , . : :, --’ , ‘* ‘,,;:; , ,:, I’, ;; ~ * ,’ ,,a ;. ,,..I . * . ., ; . ,, . .I .’ , * ., . .,,I ‘, . ,A (,: c .: \ . ..’ ,’ , . b ,‘I , ,#I ,:’ , .’ .‘,I . . . ,. ‘.. . ‘, . . .., ,i&i+; . ‘,. .+I. . . .., . t :, ,,. .’ ,c., ’ .’ . . .,.a ‘. , ‘( ‘, , ‘. ‘. 4’ . i a . ‘:. . . ’ . . : .;: I,. ., * ,,... ‘( . . b.. . , t 0’. ‘a. ’ ‘,. ,.,*I,. .’ ‘a,, - a’ * . : ; ‘4: ,‘. .‘. :,-.7 - :- .” ‘,4’. .i “, ‘. ,.., ,.I’ ., , :’ ..,,_ ;: :. . . . ,.. . ‘., ‘.. . . . .*. I . . . ‘.. ’ I. ,I.I # ’ .’ * ’ . - h r February 15,1995 5620 Friorr Rood SonDiego,CA92110~2596 Phonel619) 291.0810 Fox (619) 291.4165 Mr. Chris Chambers Continental Homes 12636 High Bluff Drive, 5uite 300 5an Diego, California 92130 5UBJECT: Village “R” Edge Condition (Rick Engineering Job Number 12004) Dear Chris: Following up on your direction after last week’s meeting with the adjacent neighbors, I have a solution for the home at 2920 Cacatua. The goal was to get them privacy in their rear-yard/pool area from views out the second story windows (approximately 15 feet above pad grade) on Lot #201, To produce this privacy, a fence should be built on this lot’s rear yard pad. I - Lot ZOI Is #nJarl) constructed just inside (south) of the existing drainage swale. Grading the Lots within the master plan will produce a flat area at the property line for the continuous masonry wall. To do this the pad will need to be regraded, pulling it out and expanding the rear yard approximately 5-0 feet. To allow this grading, a short 1-3 foot retaining wall will need to be It should be stressed to the existing property owners that maintenance of the drainage swale is still their responsibility and important. Please let me know if you want anything else on this matter. Bincerely, RICK PLANNING GROUP Physical Dmgn Policy Plonnrng Development Services DlreGtorofDe8ign cc:Mr. Craig Kahl& Rick Engineering Company REwws.003 c