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HomeMy WebLinkAboutCT 12-07; Valley 17; Tentative Map (CT) (2)• \:S * • , CITY OF CARLSBAD LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPUCATIONS APPLIED FOR: (CHECKBOXES) Development Pemiits (FOR DEPT. USE ONLY) Legislative Permits r~l Administrative Permit C] Qeneral Plan Amendment r~| Coastal Development Permit (*) Q Minor O Local Coastal Program Amendment (*) (FOR DEPT. USE ONLY) • Conditional Use Permit (*) I I Minor [U Extension I I Environmental Impact Assessment I I Habitat Management Permit I I Minor I I Hillside Development Permit (*) r~] Planned Development Permit • Residential C] Non-Residential r~) Planned Industrial Permit I I Planning Commission Determination [S3 Site Development Plan j I Special Use Permit 1^ Tentative Tract Map I I Variance [I] Administrative n Master Plan [H Amendment r~l Specific Plan \Z\ Amendment 0 Zone Change (*) 1 I Zone Code Amendment Ust other aoollcations not specified • • • (*) = eligible for 25% discount NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION MUST BE SUBMITTED PRIOR TO 4:00 P.M. ASSESSOR PARCEL NO(S). PROJECT NAME: • BRIEF DESCRIPTION OF PROJECT: On A- n ^ldj,/ij^^ I fi\^Aiwixhy)'. ll Cfy^/( h-^/Zy i^iv^ BRIEF LEGAL DESCRIPTION: \^ ^^•IfKxJs.e.A Tc^^-h , LOCATION OF'PROJECT; ON THE: FTTH, SOUTH, E BETWEEN (NOFTTH, SOUTH, EAST, WEST) SIDE OF AND STREET ADDRESS (NAME^OF STREET) /-/-I . J (NAMi (NAME OF STREET) (NAME OF STREET) Dano 1 nf ^ RPV/IUPH 07/10 (Print): Jhl/KU{MXoho tESS: f52, B^g^ii J-Z^fW- ^^^^ -77^- ^^fel OWNER NAME i MAILING ADDRESS: f52^ S-fytcj crry. STATE. ZIP: t»i(>»4<i»^/f 0^ TELEPHONE: EMAIL ADDRESS: B»VU-i(>ofAA|4€*»oi-c« APPLICANT NAME (Print): 6 <7V \/bhM>Otfcf MAIUNG ADDRESS: /fjp dudft, St eny. STATE, ZIP: A)uk£oiuc e^i^jc^ fvtio TELEPHONE: a.g» -7g-rt EMAIL ADDRESS: I CERTIFY THAT I AM" THE LEGAL OWNER ANO THAT W. THE ABOVE INFORMATION IS TRUE ANO CORRECT TO THE BEST QF MY KNOWLEI I CERTTFY THAT I AM THE LEOAL REPRESENTATIVE OF THE OWNER AND THAT AU THE ABOVE INFORMATION IS TRUE ANO CORRECT TO PUCANTS REPRESENTATIVE (Pilnt): MAILING ADDRESS: i^ftQ (StKA'^lt. cnv. STATE. ZIP: A^p^ gc^.^^ V^ d TELEPHONE: . EMAIL ADDRESS: CERTIFY THAT I AM TTO LEGAL REPRESENTATIVE OF THE APPUCANT AND THAT ALL THE ABOVE INFORMATION IS TRUE ANO CORRigsfKO THE BESJ OgJb|r KNOWLB3GE. IN THE PROCESS OF REVIEWING THIS APPLICATION rr MAY BE NECESSARY FOR MEMBERS OF CHY STAFF. PUfilNINQ COMMISSIONERS OR CfTY COUNCIL. MEM&ERS TO INSPECT AND ENTER THE PROPERrV THAT IS THE SUBJECT OF THIS APPLICATION. 1/WE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERtY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTldN BEING RECORDED ON THE TTrLB TO HIS PROPERTY IF CONDmONED FOR THE APPLICANT. NOTTCE OF RESTRICTIONS RUN WITH THE LAND AND BtN[MiNY SUCCESSORS IN INTEREST. OWNER SIGNATURE'^ FOR cnv USE ONLY DA RECEIVED JAN 04 2013 CITY OF CAFILSBAD RECEIVED BY: P-1 Paae2ofS Revised 07/10 HAZARDOUS WASTE peveiooment Services AND SUBSTANCES ManningWvlskH, c TY OF ^TATPMPKIT 1635 Faraday Avenue CARLSBAD PI/CT r-HU) www.carl.sbadca.gov ConsuitBUon of Lists of Sites Related to Hazanknts Wastes (Certffication of CompHance with Govemment Code Sectibn 65962.5) Pursuant to State of CalHomia Oovemment Code Sectton 65962.5, i have consulted the Hazardous Waste and Sutjstances SKes List compiled by the California Environmental Protection Agency and hereby certify that (checi( one): ^ Tlie development project and any altematives proposed in this appfication are not conteined on the lists compiled pursuant te Se^on 65962.9 of ttie State Govemment Code. Q The development project and any eitematlves proposal in this appBcation sst contained on the lists compBed pursuant to Section 6S962.S of the State Government Code. APPLICANT PROPERTY OWNER Name: CiJY \/ej^rnM^BJ Name:-4/4y» r^f'iina.Hn n-fo Address: /ftfO QHJMU JtlLeET Address: fZT Att^ JTC^-^ Phone Number. (7 W 2^-7y3/ Phone Number ^lij 72>/—2-'?^7 Address <ifSite: routtMAP^j ^JoiLA/Gtc ^/r wAi^i^ t?>^ iHU^r-r Local Agency (City and Countv): ^/htLJBM. C. /I [Sih ZWjo ^ttji^} Assessor's booK; page, and parcel number TyXr-o^y^-Q «r . Specify ii8t(s): \ • Regulatory Identification Number. Date of List 5^ Owner Signature/Date The Hazardous Waste and Substances Sites Ust (Cortese List) is used by the State, local agencies and developers to comply wtth the California Environm<Nital Quality Act requirements In provKiing information about the location of hazardous materials release sites. P-1(C) Pane lof 2 Rovlsod 07/10 ^ CITY OF CARLSBAD PROJECT DESCRIPTION P-1(B) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov PROJECT NAME: APPLICANT NAME: [ i^ [j^THjfL^r Please describe fully the proposed project by application type, include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: P-1(B) Page 1 of 1 Revised 07/10 City of Carlsbad Faraday Center Faraday Cashiering 001 1324601-4 09/03/2013 98 Tue, Sep 03, 2013 09:44 AM Receipt Ref Nbr: Rl324601-4/0005 PERMITS - PERMITS Tran Ref Nbr: 132460104 0005 0005 Trans/Rcpt#; R0096815 SET #: CT120007 Amount: 1 @ $163.76 Item Subtotal: $163.76 Item Total: $163.76 1 ITEM(S) TOTAL: $163,76 CnecK (Chk# 00011151) $163.76 Total Received: $163.76 Have a nice day! **************CLISTGMER COPY************* PLEASE NOTE: Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calendar days from the date of application submittal to determine whether an application is complete or incomplete. Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete. If it is incomplete, the letter will state what is needed to make this application complete. When the application is complete, the processing period will start upon the date of the conif^letion letter. Applicant Signature: Staff Signature: Date: /Cg./ / ^ / ^ /3 • To be stapled with receipt to the application • Copy for file Form 20 city of Carlsbad 1635 Faraday Avenue Carlsbad CA 92 0 08 Applicant: CITY VENTURES Description Amount CT120007 163.76 Not valid unless validated by Cash Register PLEASE RETAIN RECEIPT FOR REFUNDS OR ADJUSTMENTS Receipt Number: R0096815 Transaction ID: R0096815 Transaction Date: 09/03/2013 Pay Type Method Description Amount Payment Check 11151 163.76 Transaction Amount: 163.76 City of Carlsbad Faraday Center Faraday Cashiering 001 1300401-2 01/04/2013 98 Fri, Jan 04, 2013 01:15 PM Receipt Ref Nbr; R1300401-2/0020 PERMITS - PERMITS Tran Ref Nbr: 130040102 0020 0021 Trans/Rcpt#: R0092988 SET #: CTI20007 Amount: 1 § $9,570.00 Item Subtotal: $9,570.00 Item Total; $9,570.00 PERMITS - PERMITS Tran Ref Nbr; 130040102 0020 0022 Trans/Rcpt#: R0092989 SET #: SDP12007 Amount; 1 @ $10,930.00 Item Subtotal; $10,930.00 Item Total: $10,930.00 2 ITEM(S) TOTAL: $20,500.00 Check (Chk# 00010408) $20,500.00 Total Received; $20,500,00 Have a nice day! **************CUSTOMER COPY************* City of Carlsbad 1635 Faraday Avenue Carlsbad CA 9200S Applicant: CITY VENTURES Description Amount CT120007 9,570.00 Receipt Number: R0092988 Transaction ID: R0092988 Transaction Date: 01/04/2013 Pay Type IMethod Description Amount Payment Check 9,570.00 Transaction Amount: 9,570.00 City of Carlsbad 1635 Faraday Avenue Carlsbad CA 9200? Applicant: CITY VENTURES Description Amount SDP12007 10,930.00 Receipt Number: R0092989 Transaction ID: R0092989 Transaction Date: 01/04/2013 Pay Type Method Description Amount Payment Check 10,930.00 Transaction Amount: 10,930.00 CLTA Preliminary Report Form (Rev. 11/06) Order Number: NHSC-3921552 (50) Page Number: 1 First American Title First American Titie Company 10535 Foothiil Blvd, Suite 282 Rancho Cucamonga, CA 91730 Debbie Dudley Mercury Escrow 410 West Whittier Boulevard La Habra, CA 90631 Customer Reference: Order Number: 113611-D NHSC-3921552 (50) Title Officer: Phone: Fax No.: E-Mail: Buyer: Property: Steven Clark (909)257-3959 (909)477-6065 sclark@firstam.com Vacant Land Carlsbad, CA PRELIMINARY REPORT In response to the above referenced application for a policy of title insurance, this company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Exhibit A attached. 77ie policy to be issued may cxmtain an arbitration clause. Wtien tiie Amount of Insurance is /ess than that set forth in the arbitration clause, aii arbitratiie matters sfiaii be arbitrated at the option of eittier ttie Company or ttie Insured as the exdusive remedy ofthe parties. Limitations on Covered Risl<s applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Umit of Liability for certain coverages are also set forth in Exhibit A. Copies ofthe policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report Is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability Is assumed hereby. If It Is desired that liability be assumed prior to the Issuance of a poilcy of title insurance, a Binder or Commitment should be requested. First American Title Order Number: NHSC-3921552 (50) Page Number: 2 Dated as of December 16, 2011 at 7:30 A.M. The form of Policy of title insurance contemplated by this report is: TO BE DETERMINED A specific request should be made if another form or additional coverage is desired. Title to said estate or interest at the date hereof is vested in: AU\N J. SHIMAMOTO, A MARRIED MAN AS HIS SOLE AND SEPERATE PROPERTY AS TO AN UNDIVIDED FIFTY PERCENT (50%) INTEREST AND LESLIE S. (NEE SHIMAMOTO) HENTZEN, A MARRIED WOMAN AS HER SOLE AND SEPERATE PROPERPl' AS TO AN UNDIVIDED FIFTY PERCENT (50%) INTEREST The estate or interest in the land hereinafter described or referred to covered by this Report is: A fee. The Land referred to herein is described as follows: (See attached Legal Description) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: General and spedal taxes and assessments for the fiscal year 2011-2012. First Installment: Penalty: Second Installment: Penalty: Tax Rate Area: A. P. No.: $422.68, DELINQUENT $42.27 $422.68, PAYABLE $0.00 09000 156-212-04-00 Affects: Lot 23 First American Title Order Number: NHSC-3921552 (50) Page Number: 3 2. General and special taxes and assessments for the fiscal year 2011-2012. First Installment: $371.02, DEUNQUENT Penalty: $37.10 Second Installment: $371.02, PAYABLE Penalty: $0.00 Tax Rate Area: 09000 A. P. No.: 156-212-05-00 Affects: Lot 24 3. The lien of supplemental taxes. If any, assessed pursuant to Chapter 3.5 commendng with Section 75 of the California Revenue and Taxation Code. 4. An easement for drainage and public utility and inddental purposes, recorded December 30, 1985 as Instrument No. 85-491818 of Offidal Records. In Favor of: the City of Carlsbad Affects: as described therein 5. An easement for street and public utility and Inddental purposes, recorded December 30, 1985 as Instrument No. 85-491819 of Offidal Records. In Favor of: the City of Carisbad Affects: as described therein 6. An easement for public street and public utility and incidental purposes, recorded December 24, 1997 as Instrument No. 1997-0657514 of Offidal Records. In Favor of: City of Carisbad, a Munidpal corporation Affects: as described therein 7. Any right, title or interest of the spouse (if any) of any married vestee herein. 8. Rights of parties in possession. Prior to the issuance of any policy of title insurance, the Company will require: 9. A deed from the spouse of any married vestee herein be recorded in the public records, or the joinder of the spouse of any married vestee named herein on any conveyance, encumbrance or lease to be executed by the vestee. The deed should contain the following statement: "It is the express intent of the grantor, being the spouse of the grantee, to convey all right, title and interest of the grantor, communit/ or otherwise, in and to the herein described property to the grantee as his/her sole and separate property." First American Title Order Number: NHSC-3921552 (50) Page Number: 4 INFORMATIONAL NOTES Note: Tbe policy to be issued may contain an arbitration dause. When the Amount of Insurance is less than the certain dollar amount set forth in any applicable arbitration dause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. If you desire to review the terms of the policy, including any arbitration dause that may be induded, contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the policy that is to be issued in connection with your transaction. 1. The property covered by this report is vacant land. 2. According to the public records, there has been no conveyance of the land within a period of twenty-four months prior to the date of this report, except as follows: None 3. We find no open deeds of trust. Escrow please confirm before closing. The map attached, if any, may or may not be a survey of the land depided hereon. First American expressly disdaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. First American Title Order Number: NHSC-3921552 (50) Page Number: 5 WIRE INSTRUCTIONS for First American Title Company, Demand/Draft Sub-Escrow Deposits San Bernardino County, California First American Trust, FSB 5 First American Way Santa Ana, CA 92707 Banking Services: (877) 600-9473 ABA 122241255 Credit to First American Title Company Account No. 3097840000 Reference Titie Order Number 3921552 and Titie Officer Steven Clark Please wire tlie day before recording. First American Titie Order Number: NHSC-3921552 (50) Page Number: 6 LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: ALL OF LOTS 23 AND 24 OF PATI^RSON'S ADDITION TO THE TOWN OF CARLSBAD, ACCORDING TO THE MAP THEREOF NO. 565, FILED IN THE OFFICE OF THE RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 22, 1888. EXCEPTING THEREFROM THE SOUTHWESTERLY 400 FEET" THEREOF, THE NORTHEASTERLY LINE OF SAID SOUTHWESTERLY 400 FEET BEING PARALLEL WITH THE SOUTHWESTERLY LINE OF SAID LOTS 23 AND 24. APN: 156-212-04-00 and 156-212-05-00 First American Title Order Number: NHSC-3921552 (50) Page Number: 7 NOTICE Section 12413.1 of the California Insurance Code, effective January 1, 1990, requires that any title insurance company, undenwritten title company, or controlled escrow company handling funds in an escrow or sub-escrow capacity, wait a specified number of days after depositing funds, before recording any documents in connection with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer, cashier's checks, or certified checks whenever possible. If you have any questions about the effert of this new law, please contact your local First American Office for more details. First American Title Order Number: NHSC-3921552 (50) Page Number: 8 EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE) 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records oi' any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notice of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an Inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, Hens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage In area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the Issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage ofthis policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (II) the character, dimensions or location of any improvement now or hereafter erected on tlie land; (iii) a separation in ownership or a change in the dimensions or area ofthe land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded In the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser fbr value without Icnowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not l<nown to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting In no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting In loss or damage which would not have been sustained If the Insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the Inability or failure of any subsequent owner ofthe Indebtedness, to comply with applicable "doing business" laws ofthe state in which the land is situated. 5. Invalidity or unenforceability of the Hen of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the Insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by their policy or the transaction creating the interest ofthe Insured lender, by reason ofthe operation of federal bankruptcy, state Insolvency or similar creditors' rights laws. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation (Including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation In ownership or a reduction in the dimensions of area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the Insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or Interest Insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an Insured hereunder; (c) resulting in no loss or damage to the Insured claimant; (d) attaching or First American Title Order Number: NHSC-3921552 (50) Page Number: 9 created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B -1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 2 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This poilcy does not Insure against loss or damage by reason ofthe matters shown in parts one and two following: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an Inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 4. AMERICAN LAND TITLE ASSOCIATION LOAN POUCY - 1970 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation (Including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears In the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the Insured claimant, (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest Insured by this policy or acquired the insured mortgage and not disclosed In writing by the insured claimant to the Company prior to the date such insured claimant became an Insured hereunder, (c) resulting in no loss or damage to the Insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street Improvements under construction or completed at Date of Policy). 4. Unenforceability of the Hen of the Insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable "doing business" laws of the state In which the land is situated. 5. AMERICAN LAND TITLE ASSOCIATION LOAN POUCY - 1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions set forth in paragraph 4 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making Inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts In boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions In patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any Hen, or right to a lien, for services, labor or material theretofore or hereafter furnished, Imposed by law and not shown by the public reconjs. First American Title Order Number: NHSC-3921552 (50) Page Number: 10 6. AMERICAN LAND TITLE ASSOCIATION LOAN POUCY - 1992 WITH A.LT.A. ENDORSEMENT FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (Hi) a separation in ownership or a change in the dimensions or area ofthe land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy; (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the Insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the Insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this poilcy insures the priority of the lien of the insured mortgage over any statutory Hen for services, labor or material or the extent insurance Is afforded herein as to assessments for street improvements under construction or completed at date of policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortigage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable "doing business" laws of the state in which the land Is situated. 5. Invalidity or unenforceability of the Hen of the insured mort:gage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien fbr services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which Is contracted for and commenced subsequent to Date of Policy and is not financed In whole or in part by proceeds of the indebtedness secured by the Insured mortgage which at Date of Policy the Insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortigagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (I) the transaction creating the Interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (li) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (ill) the transaction creating the Interest ofthe insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart: notice to a purchaser for value or a judgment or lien creditor. 7. AMERICAN LAND TITLE ASSOCIATION LOAN POUCY - 1992 WITH REGIONAL EXCEPTIONS When the American Land Trtle Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth In paragraph 6 above are used and the following exceptions to coverage appear In the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making Inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the Issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a Hen, for services, labor or material theretofore or hereafter furnished, Imposed by law and not shown by the public records. 8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 First American Titie Order Number: NHSC-3921552 (50) Page Number: 11 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage ofthis policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (Including but not limrted to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (ill) a separation in ownership or a change in the dimensions or area ofthe land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded In the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) created, sufl'ered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value fbr the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest insured by this poilcy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 9. AMERICAN LAND TITLE ASSOOATION OWNER'S POUCY - 1992 WITH REGIONAL EXCEPTIONS When the American Land Trtle Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are used and the following exceptions to coverage appear In the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an Inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage In area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a Hen, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 1987 EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This Includes building and zoning ordinances and also laws and regulations concerning: * land use * land division * improvements on the land * environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limrt the zoning coverage described in items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning It, unless: First American Title Order Number: NHSC-3921552 (50) Page Number: 12 * a notice of exercising the right appears in the public records on the Policy Date * the taking happened prior to the Policy Date and Is binding on you if you bought the land without knowing of the taking. 3. Trtle Risks: * that are created, allowed, or agreed to by you * that are known to you, but not to us, on the Policy Date - unless they appeared In the public records * that resurt in no loss to you * that first affect your trtle after the Policy Date - this does not limrt the labor and material Hen coverage In Item 8 of Covered Trtle Risks 4. Failure to pay value for your trtle. 5. Lack of a right: * to any land outside the area specifically described and referred to in Item 3 of Schedule A, or * in streets, alleys, or waterways that touch your land This exclusion does not limrt the access coverage in Item 5 of Covered Title Risks. 11. EAGLE PROTECnON OWNER'S POLICY CLTA HOMEOWNER'S POUCY OF TITLE INSURANCE - 2008 ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 2008 Covered Risks 16 (Subdivision Law Violation). 18 (Building Permit). 19 (Zoning) and 21 (Encroachment of boundary walls or fences) are subject to Deductible Amounts and Maximum Dollar Limits of Liability EXCLUSIONS In addition to the Exceptions In Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a. building b. zoning c. land use d. improvements on the land e. land division f. environmental protection This Exclusion does not limit the coverage described in Covered Risk S.a., 14, 15, 16,18, 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described In Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date - this does not limrt the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any land outside the area specifically described and referred to In paragraph 3 of Schedule A; and b. In streets, alleys, or waterways that touch the Land. This Exdusion does not limrt the coverage described in Covered Risk 11 or 21 LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: Covered Risk 16,18, 19 and 21, Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Your Deductible Amount Our Maximum Dollar Limit of Liabilitv Covered Risk 16: 1% of Policy Amount or $5,000.00 (whichever is less) $10,000.00 Covered Risk 18: 1% of Policy Amount or $5,000.00 (whichever is less) $25,000.00 Covered Risk 19: 1% of Policy Amount or $5,000.00 (whichever is less) $25,000.00 Covered Risk 21: 1% of Policy Amount or $2,500.00 (whichever is less) $5,000.00 12. THIRD GENERATION EAGLE LOAN POLICY AMERICAN LAND TITLE ASSOCIATION EXPANDED COVERAGE RESIDENTIAL LOAN POUCY (1/01/08) First American Title Order Number: NHSC-3921552 (50) Page Number: 13 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibrting, or relating to (i) the occupancy, use, or enjoyment ofthe Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or(iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limrt the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b)Any governmental police power. This Exclusion 1(b) does not modif/ or limrt the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. 2. Rights of eminent domain. This Exclusion does not modify or limrt the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed In writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limrt the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or (e) resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value forthe Insured Mortigage. 4. Unenforceability of the lien of the Insured Mort:gage because of the Inability or failure of an Insured to comply wrth applicable doing business laws ofthe state where the Land is situated. 5. Invalidity or unenforceability in whole or In part of the Hen ofthe Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credrt protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortigage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limrt the coverage provided in Covered Risk 11. 7. Any lien on the Trtle for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limrt the coverage provided in Covered Risk 11(b) or 25. 8. The failure of the residential structure, or any portion of rt, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limrt the coverage provided in Covered Risk 5 or 6. 13. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 2006 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limrt the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limrt the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded In the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this poilcy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limrt the coverage provided under Covered Risk 11, 13, or 14); or (e) resutting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the Hen of the Insured Mortigage because of the inability or failure of an Insured to comply wrth applicable doing- business laws ofthe state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien ofthe Insured Mortigage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credrt protection or truth-in-lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the Hen of the Insured Mortgage, is First American Title Order Number: NHSC-3921552 (50) Page Number: 14 (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any Hen on the Trtle for real estate taxes or assessments Imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limrt the coverage provided under Covered Risk 11(b). 14. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 2006 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 13 above are used and the following exceptions to coverage appear In the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may resurt In taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, Hens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any enaoachment, encumbrance, violation, variation, or adverse circumstance affecting the Trtle that would be disclosed by an accurate and complete land survey ofthe Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or In Acts authorizing the issuance thereof; (c) water rights, claims or trtle to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 15. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 2006 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any Improvement erected on the Land; (iii) the subdivision of land; or (Iv) environmental protection;or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limrt the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limrt the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed In writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limrt the coverage provided under Covered Risks 9 and 10); or (e) resutting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors? rights laws, that the transaction vesting the Trtle as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 ofthis policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer In the Public Records that vests Title as shown in Schedule A. 16. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 2006 WITH REGIONAL EXCEPTIONS First American Title When the American Land Trtle Association policy is used as a Standard Coverage Policy and not as an Extended Cbverage Policy the exclusions set fortih in paragraph 15 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may resurt in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertiained by an Inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any enaoachment, encumbrance, violation, variation, or adverse circumstance affecting the Trtle that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the Issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. First American Title PRIVACY POLICY We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal Information. Applicability This Privacy Policy governs our use of the Information which you provide to us. It does not govern the manner In which we may use Information we nave obtained from any other source, such as Information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal Information regardless of its source. First American calls these guidelines Its Fair Information Values, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect Include: • Information we receive from you on applications, forms and In other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request Information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such Information indefinitely, Including the period after which any customer relationship has ceased. Such Information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal Information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title Insurers, property and casualty insurers, and trust and Investment advisory companies, or companies involved In real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the Information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even If you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your Information. We restrict access to nonpublic personal information about you to those individuals and entitles who need to know that Information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and In accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. © 2001 The First American Corporation • All Rights Reserved - - FILE copy dim> CITV OF V CARLSBAD Community & Economic Development www.carlsbadca.gov PLANNING COIVIIVIISSION NOTICE OF DECISION September 19, 2013 Joe Oftelie, Director of Development City Ventures 1900 Quail Street Newport Beach, CA 92660 SUBJECT: CT 12-07 - VALLEY 17 At the September 18, 2013 Planning Commission meeting, your application was considered. The Commission voted 5-0 to approve your request. The decision of the Planning Commission is final on the date of adoption unless a written appeal to the City Council is filed with the City Clerk within ten (10) calendar days in accordance with the provisions of Carlsbad Municipal Code section 21.54.150. The written appeal must specify the reason or reasons for the appeal. Ifyou have any questions regarding the final dispositions of your application, please contact your project planner Christer Westman at (760) 602-4614 or christer.westman@carlsbadca.gov. Sincerely, DON NEU, AICP City Planner DN:CW:bd c: Data Entry File enc: Planning Commission Resolution No. 7009 Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® PROOF OF PUBLICATION (2010 & 2011 C.C.P.) This space is for the County Clerl<'s Filing Stamp STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above-entitled matter. I am the principal clerk of the printer of UT - North County Formerly known as the North County Times and which newspaper has been adjudicated as a newspaper of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree numbers 171349 & 172171, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: September 06*^ 2013 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Oceanside, California On This 06^^ day September 2013 Jane Allshouse NORTH COUNTY TIMES Legal Advertising Proof of Publication of 3MMISSI0N PUBLIC HEARING {NOTICE IS HEREBY GIVEN to you, because your in- n/iflr^?J^f^r°^^^'i!^^' ^^,?V^S Planning Commission of the City of Carlsbad will hold a public hearing at the rori=K«H 9-^^"*^'' •^^^n'^Sr^' 1200 Carlsbad Village Drive, JoT3^ron?SL?Bo[i;i;°n°g:^^ 1) SDP 12-05- FAITH COMMUNITY CHURCH - Request for a determination that the project is within the scope of a previously rnr/ii'fol Environmental Impact Report (EIR 91-04 Rancho Ho.^I in^ °^ ° Site Development Plan for the ^hynie'^r^can^ °K " s'^^are foot church building which in sanctuary, child daycare center for 40 children, ^i1o'^'\/-.f'°^^r?°"\^u°"^ administrative offices on a 3.44 acre site, V Icige "T" .of the Rancho Carrillo Master Plan (MP 139) ?hn D'^I'^J"-*"",^^^ at the.northeast corner of El Fuerte and Rai cho Pancho m Local Facilities Management Zone 18. nn"?/th*I°^-r^m'^®'^ ^request for the Site Development Plan on™? ^J^^h^''?r"^''*t°^ determined that the project, the devel- ?frTri«?IJ^^^'^^ ^'^^ ° .'^^^''^^ facility and child day care cen-n^^tc^^Sl^^ or significant adverse environmental im- ?§fR%%^^or'K°al.Z^c!S^^^^^^ ^^Q^ I ?il5Tr,?;t'A;^^^^^lfL?'T^^^ for the a^roval of a Tehta-l!^tJJ^°,'^lJ^9P to subdivide and grade a 3.76 acre site into sev-enteen (17) single-family residential lots on property located on the southwest corner of the intersection of Oak Avenue and Val- ley street in Local Facilities Management Zone 1. The City n, ?r"iI^onfc^ If ^tlT'"!-^ 1^°^ t^'s Project is exempt from the re-?,!^c^^T?"^^ °^ t*^? California Environmental Quality Act l?tl?of\£L"''iy°*"V*^^^?^U°'?.l?.332 "In-Fill Development Proi-wott °- ^^-f- ^^^/^ Guidelines and will not hove any ad-verse significant impact on the environment. If you challenge these^proj,ects m^ourt,'^you may be limited to raising only those issues you or someone else raised at the pub- lic hearing described in this notice or in written correspondence ing Carlsbad at or prior to the public hear- Copies of the environmental documents are available at the Planning Division gt 1635 Faraday Avenue during regular busi- nnH^fl^°aTJroTnn^° am to 5:30 pm Monday through Thursday and 8:00am to 5;00 pm Friday. §" • Those persons wishing to speak on these proposals are cordially invited to attend the public hearing. Copies of the staff reports will be available online at http://carlsbad.granicus.com/ViewP ublisher.php?view_ld=6 on or after the Friday prior to the heor- lifi?n?t\)6oW-46^^^^ '^'^^^^ ^•^^ CITY OF CARLSBAD PLANNING DIVISION pub 9/0^13 <^ P^'^y CITY OF a FILE ^ CARLSBAD Community & Economic Development www.carisbadca.gov NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you that the Planning Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Wednesday, September 18, 2013, to consider a request for the following: CASE NAME: CT 12-07 - VALLEY 17 PUBUSH DATE: September 6, 2013 DESCRIPTION: Request for the approval of a Tentative Tract Map to subdivide and grade a 3.76 acre site into seventeen (17) single-family residential lots on property located on the southwest corner of the intersection of Oak Avenue and Valley Street in Local Facilities Management Zone 1. The City Planner has determined that this project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15332 "In-Fill Development Projects" of the State CEQA Guidelines and will not have any adverse significant impact on the environment. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing and provide the decision makers with any oral or written comments they may have regarding the project. Copies of the staff report will be available online at http://carlsbad.granicus.com/ViewPublisher.php7view id=6 on or after the Friday prior to the hearing date. If you have any questions, or would like to be notified of the decision, please contact Christer Westman in the Planning Division at (760) 602-4614, Monday through Thursday 7:30 a.m. to 5:30 p.m., Friday 8:00 a.m. to 5:00 p.m. at 1635 Faraday Avenue, Carlsbad, California 92008. APPEALS The time within which you may judicially challenge these projects, if approved, is established by State law and/or city ordinance, and is very short. Ifyou challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. • Appeals to the Citv Council: Where the decision is appealable to the City Council, appeals must be filed in writing within ten (10) calendar days after a decision by the Planning Commission. CITY OF CARLSBAD PLANNING DIVISION Planning Division 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-4600 I 760-602-8558 fax SITE MAP NOT TO SCALE Valley 17 CT 12-07 Memorandum July 28, 2014 To: From: Re: John Kim, Traffic Engineering Division Mike Peterson, Development Services Manager Clayton Dobbs, Streets/Oak Lori Allen, Police Department GIS Department Greg Ryan, Fire Department Jason Geldert, Land Use Engineering Planning Technician STREET NAMES FOR CT 12-07 -VALLEY 17 Ccicyof Carlsbad The following street names have been approved as a part of the final map processing for CT 12-07 - VALLEY 17. A map delineating street locations is attached. Public Streets: Frazier Avenue As much as you are able, please make sure approved street names are shown and spelled correctly on all final map and construction drawings. Attachment c: Christer Westman, Project Planner Tecla Levy, Project Engineer Mario Remillard, Mtce. & Opr. Community & Economic Development Planning Division 1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-4600 I 760-602-8560 fax dw^' CITY OF ^CARLSBAD Memorandum August 7, 2013 To: Christer Westman, Project Planner From: Tecla Levy, Project Engineer Subject: a 12-07/SDP 12-07 -VALLEY 17 The engineering department has completed its review of the project. The engineering department is recommending that the project be approved, subject to the following conditions: Engineering Conditions NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed subdivision must be met prior to approval of a final map, building or grading permit whichever occurs first. General 1. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, developer shall apply for and obtain approval from, the city engineer forthe proposed haul route. 2. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the district engineer has determined that adequate water and sewer facilities are available at the time of permit issuance and will continue to be available until time of occupancy. 3. Developer shall submit to the city planner, a reproducible 24" x 36", mylar copy ofthe tentative map showing conceptual grading plan, preliminary utility plan reflecting the conditions approved by the final decision making body. The reproducible shall be submitted to the city planner, reviewed and, if acceptable, signed by the city's project engineer and project planner prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever occurs first. 4. Rain gutters shall be routed to the proposed bioretention basins as shown on the tentative map. Developer shall include rain gutters on the building plans subject to the Community & Economic Development - Land Development Engineering 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2740 I 760-602-1052 fax I www.carlsbadca.gov Page 1 of 15 city engineer's review and approval. Developer shall Install rain gutters in accordance with said plans. 5. Developer shall prepare, submit and process for city engineer approval a final map to subdivide this project. There shall be one Final Map recorded for this project. 6. Developer shall install sight distance corridors at all street intersections and driveways in accordance with City Engineering Standards. The property owner shall maintain this condition. Fees/Agreements 7. Developer shall cause property owner to execute and submit to the city engineer for recordation, the city's standard form Geologic Failure Hold Harmless Agreement. 8. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Drainage Hold Harmless Agreement. 9. Developer shall cause property owner to submit an executed copy to the city engineer for recordation a city standard Permanent Stormwater equality Best Management Practice Maintenance Agreement. 10. Developer shall cause property owner to execute, and submit to the city engineer for recordation, a city standard deed restriction on the property to the satisfaction of the city engineer which relates to the proposed cross lot drainage as shown on the tentative map. The deed restriction document shall: A. Clearly delineate the limits ofthe drainage course; and B. State that the drainage course is to be maintained in perpetuity by the underlying property owner; and C. State that all future use of the property along the drainage course will not restrict, impede, divert or otherwise alter drainage flows in a manner that will result in damage to the underlying and adjacent properties or the creation of a public nuisance. 11. Developer shall cause property owner to enter into a Neighborhood Improvement Agreement with the city on a city standard form for the future public improvements of Oak Avenue along the property frontage for a half street width of 30 feet. Public improvements shall include but are not limited to paving, base, sidewalks, curbs and gutters, grading, clearing and grubbing, relocation of utilities, sewer, water, fire hydrants, street lights, pedestrian ramp, retaining walls and reclaimed water. 12. Prior to approval of any grading or building permits for this project, developer shall Page 2 of 15 cause owner to give written consent to the city engineer for the annexation ofthe area shown within the boundaries ofthe subdivision into the existing City of Carlsbad Street Lighting and Landscaping District No. 1 and/or to the formation or annexation into an additional Street Lighting and Landscaping District. Said written consent shall be on a form provided bythe city engineer. 13. Prior to issuance of building permits, or grading permit, whichever occurs first, developer shall cause owner to execute, for recordation, a city standard Local Improvement District Agreement to pay fair share contributions for undergrounding of all existing overhead utilities and installation of street lights, as needed, along the subdivision frontage, should a future district be formed. 14. Prior to final map recordation, the developer shall cause the property owner to coordinate with the owner of the adjacent property (APN 165-212-11-00) to process lot line adjustment as shown on the tentative map to provide APN 165-212-11-00 with adequate frontage to James Drive for future development, to the satisfaction of the city engineer. Grading 15. Based upon a review of the proposed grading and the grading quantities shown on the tentative map, a grading permit for this project is required. Developer shall prepare and submit plans and technical studies/reports for city engineer review, post security and pay all applicable grading plan review and permit fees per the city's latest fee schedule. 16. Supplemental grading plans are required for precise grading associated with this project. Developer shall prepare, and submit for approval, grading plans for the precise grading as shown on the tentative map all subject to city engineer approval. 17. Developer shall comply with the city's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution control practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants ofthe above requirements. 18. Prior to the issuance of a grading permit, developer shall submit to the city engineer receipt of a Notice of Intent from the State Water Resources Control Board. 19. Prior to the issuance of grading permit or building permit, whichever occurs first, developer shall submit for city approval a Tier 3 Storm Water Pollution Prevention Plan (TIER 3 SWPPP). The TIER 3 SWPPP shall comply with current requirements and Page 3 of 15 provisions established by the San Diego Regional Water equality Control Board and City of Carlsbad Requirements. The TIER 3 SWPPP shall identify and incorporate measures to reduce storm water pollutant runoff during construction of the project to the maximum extent practicable. Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule. 20. This project is subject to 'Priority Development Project' requirements. Developer shall prepare and process a Storm Water Management Plan (SWMP), subject to city engineer approval, to demonstrate how this project meets new/current storm water treatment requirements per the city's Standard Urban Storm Water Management Plan (SUSMP), latest version. In addition to new treatment control BMP selection criteria in the SUSMP, the developer shall use low impact development (site design) approaches to ensure that runoff from impervious areas (roofs, pavement, etc) are drained through landscaped (pervious) areas prior to discharge. Developer shall pay all applicable SWMP plan review and inspection fees per the city's latest fee schedule. 21. Developer is responsible to ensure that all final design plans (grading plans, improvement plans, landscape plans, building plans, etc) incorporate all source control, site design, treatment control BMP, and Low Impact Design (LID) facilities. 22. Developer acknowledges the upcoming City of Carlsbad BMP Design Manual pursuant to provision E.3.d of the new California Regional Water Quality Control Board (RWQCB) Order No. R9-2013-001 adopted on June 27, 2013. During final design, developer shall demonstrate compliance with latest storm water requirements to the satisfaction of the city engineer. Dedications/Improvements 23. Developer shall cause owner to submit to the city engineer for recordation covenants of private drainage easements, as shown on the tentative map to the satisfaction of the city engineer. Developer shall pay processing fees per the city's latest fee schedule. 24. Developer shall design the private drainage systems, as shown on the tentative map to the satisfaction of the city engineer. All private drainage systems (12" diameter storm drain and larger) shall be inspected by the city. Developer shall pay the standard improvement plan check and inspection fees for private drainage systems. 25. Developer shall prepare and process public improvement plans and, prior to city engineer approval of said plans, shall execute a city standard subdivision Improvement Agreement to install and shall post security in accordance with C.M.C. Section 20.16.070 for public improvements shown on the tentative map. Said improvements shall be installed to city standards to the satisfaction of the city engineer. These improvements include, but are not limited to: Page 4 of 15 A. Construct James Drive including but not limited to median improvements, curb and gutter, sidewalk, bike lanes, street lights, trails, and public utility improvements as shown on the tentative map. B. Construct street Improvements along Valley Street Including but not limited to curb and gutter, sidewalk, bike lanes, street lights, and public utility improvements as shown on the tentative map. C. Install 8" potable water line and appurtenances within James Drive as shown on the tentative map. D. Install 8" gravity sewer line and appurtenances within James Drive as shown on the tentative map. E. Install public storm drain system, including two curb Inlets at James Drive as shown on the tentative map. Developer shall pay the standard improvement plan check and inspection fees. Improvements listed above shall be constructed within 36 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. 26. Prior to issuance of building permits, developer shall install separate sewer services to each unit proposed by this tentative parcel map. Sewer services shall be provided to the satisfaction ofthe city engineer. Non-Mapping Notes 27. Add the following notes to the final map as non-mapping data: A. Developer has executed a city standard Subdivision Improvement Agreement and has posted security in accordance with C.M.C. Section 20.16.070 to install public improvements shown on the tentative map. These improvements include, but are not limited to: A. Construct James Drive Including but not limited to median Improvements, curb and gutter, sidewalk, bike lanes, street lights, trails, and public utility improvements as shown on the tentative map. B. Construct street Improvements along Valley Street Including but not limited to curb and gutter, sidewalk, bike lanes, street lights, and public utility Improvements as shown on the tentative map. Page 5 of 15 C. Install 8" potable water line and appurtenances within James Drive as shown on the tentative map. D. Install 8" gravity sewer line and appurtenances within James Drive as shown on the tentative map. E. Install public storm drain system, including two curb Inlets at James Drive as shown on the tentative map. B. Building permits will not be Issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. C. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted to encroach within the area identified as a sight distance corridor as defined by City of Carlsbad Engineering Standards or line-of-sight per Caltrans standards. D. The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any diversion of waters, the alteration ofthe normal flow of surface waters or drainage, or the concentration of surface waters or drainage from the drainage system or other improvements identified in the city approved development plans; or by the design, construction or maintenance of the drainage system or other improvements identified in the city approved development plans. E. The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any geological failure, ground water seepage or land subsidence and subsequent damage that may occur on, or adjacent to, this subdivision due to its construction, operation or maintenance. Utilities 28. Developer shall meet with the fire marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the satisfaction of the district engineer. 29. Developer shall design and construct public facilities within public right-of-way or within minimum 20-foot wide easements granted to the district or the City of Carlsbad. At the discretion of the district or city engineer, wider easements may be required for Page 6 of 15 adequate maintenance, access and/or joint utility purposes. 30. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for connection to public facilities. 31. Developer shall install potable water services and meters at locations approved by the district engineer. The locations of said services shall be reflected on public improvement plans. 32. The developer shall install sewer laterals and clean-outs at locations approved by the city engineer. The locations of sewer laterals shall be reflected on public improvement plans. 33. The developer shall design and construct public water and sewer facilities substantially as shown on the tentative map to the satisfaction of the district engineer and city engineer. Code Reminders: The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 34. This tentative map shall expire two years from the date on which the planning commission voted to approve this application. 35. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area contained In the staff report and shown on the tentative map are for planning purposes only. Page 7 of 15 dl^h CITY OF ^ CARLSBAD Memorandum June 26, 2013 To: Christer Westman, Senior Planner From: Tecla Levy, Associate Engineer Re: CT 12-07/SDP 12-07 - Valley 17 Land Development Engineering staff has completed the 3rd review of the above application submittal documents for completeness. The application documents submitted for this project is complete. Prior to next submittal, it is suggested the following items are adequately addressed: Issues of concern: Site Plan: 1. The proposed storm drain pipe system within the public right of way (at James drive and Oak) with multiple connections to individual lots is solely for the benefit ofthis subdivision and the maintenance of this facility will not be accepted by the city. The proposed storm drain system must be privately owned and maintained, and should be located outside ofthe public right of way. In our previous meeting, I suggested to use a raised flow-through planters to be able to discharge the run-off into the street (see attached pictures of some flow-through planters installed in the city of Carlsbad). You may explore other options that will eliminate the need for the proposed storm drains at James Drive and Oak Street. One option is to Install smaller storm drain pipes within the private property to connect all flow-through planters (6" HOPE pipes maybe adequate) to the proposed curb inlets at James Drive and Oak Street. Private storm drain easements across each lot will be required. (See red-lined plans). The project will be conditioned to process covenants of private drainage easements to address cross-lot drainage. 2. Provide a flow-through planter/detention basin cross-section and details on the site plan. 3. The existing improvements of the adjacent parcels and streets previously shown in the previous plan review submittals are missing in the current revised plans. Please revise plans to show all the existing improvements ofthe adjacent parcels and streets. 4. Eliminate the proposed slope within the existing utility easement located along the western property boundary. Provide a 12-foot wide rolled curb driveway access at James Drive and Community & Economic Development 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2710 I 760-602-8560 fax I www.carlsbadca.gov CT 12-07 / SDP 12-07 - Valle^l7 June 26, 2013 Page 2 all weather access road up to the storm drain cleanout and sewer manhole within the existing utility easement for utility access and maintenance (see red-lined comments). 5. Provide sight distance corridor at the sharp turn along James Drive extension as shown in the red-lined plans. Ensure that the proposed retaining wall does not obstruct the sight distance line of sight. 6. The opening of the curb inlet at the southwest corner of the site appears inadequate. The Q used in the sizing calculations appears incorrect. Please verify and revise accordingly. 7. Provide an update letter from the soils engineer that provides design recommendations of the revised flow-through planters/detention basins. 8. Comply with all other comments shown on red-lined plans. SWMP Report: 9. A full-size (24"x36") BMP map and DMA map was not included in the report. The BMP exhibit included in this report is too small and is not legible. 10. The study entitled "Hydromodification Exemption Analysis for Select Carlsbad Watershed" dated June 10, 1013 has been approved. Please reference this report in the SWMP to claim for hydromodification exemption. This project is exempt from hydromodification requirements, therefore, the proposed flow-through planters, will serve as treatment control BMPs and for detention of the increase in 100 year storm run-off only. Delete the flow control orifice calculations for hydromodification included in the SWMP report. 11. Provide a flow-through planter cross-sections and details in the SWMP report and the site plan. 12. The sizing factor to size the treatment BMP is 6%. If using engineered soil layer for treatment BMP, It is acceptable to use only 4% as the sizing factor of the treatment BMP, instead of 6%. This will help reduce the sizes of the basins. The sizing factor of 0.04 is the ratio ofthe design intensity of rainfall on tributary impervious surfaces (0.2 inches per hour) to the design percolation rate in the facility (5 inches per hour through an engineered soil mix in a bioretention basin), see page 29 of City SUSMP. 13. Comply with all other comments shown on the red-lined preliminary SWMP report. Hydrology Report: CT 12-07 / SDP 12-07 - Valleyi7 June 26, 2013 Page 3 14. A full-size (24"x36") hydrology map was not included in the report. The 8.5 "x 11" map included is too small and not legible. 15. The report did not include detention routing calculations for the proposed detention basins. It is not clear how much run-off volume is required to be detained in each ofthe proposed flow-through planters/detention basins to mitigate for the 100-year increase in run-off 16. The 0 used in the curb inlet sizing calculations at node 7 appears incorrect. As a result, the opening appears to be undersized. Please revise. 17. Include a typical cross-section and detail for the proposed flow-through planters/detention system in the hydrology report. Resubmittal: 18. Please submit the following documents in the next review submittal: a) 1 copies ofthe revised preliminary site plan b) 1 copies each ofthe revised SWMP, hydrology report c) 1 copies ofthe preliminary soils report. d) 1st review redlined plans and all red-lined reports e) All previous red-lined plans and reports Christer Westman From: Debbie Fountain Sent: Thursday, June 06, 2013 4:54 PM To: Christer Westman Subject: RE: Valley and Oak subdivision Yes. That is pretty much it. I can probably find you a condition we used for other 2"" dwelling units. They do need to identify on their site plan, or map which lots will have the 2"*^ du on them. We will then prepare an AHA that must be approved by City Council before they can final their map. Debbie From: Christer Westman Sent: Thursday, June 06, 2013 4:50 PM To: Debbie Fountain Subject: RE: Valley and Oak subdivision Thanks Debbie. I don't think Planning has an issue with it. So just becomes a condition of approval to identify three lots where the 2"" units will be located. And an "Affordable Housing Agreement" CW From: Debbie Fountain Sent: Thursday, June 06, 2013 4:41 PM To: Christer Westman Subject: RE: Valley and Oak subdivision Has it gone through preliminary review yet? Does Planning generally support it? If so, it doesn't need to go to the Housing Policy Team unless there is some concern from Planning. If Planning likes the plan, I can just send via email to the team to let them know what is planned since 2"** du is an "alternative" under inclusionary and generally supported for these small projects. Debbie From: Christer Westman Sent: Thursday, June 06, 2013 3:31 PM To: Debbie Fountain Subject: Valley and Oak subdivision Hello Debbie, City Ventures has an application in for a 17 lot subdivision at Valley and Oak. Their plan is to satisfy their Inclusionary requirement by offering/providing Second Dwelling units in their Plan 2. Five plan 2 are plotted on the site plan. Their requirement is for three units. I can send floor plans and a site plan for Housing Policy Team Review. Christer Christer Westman From: Debbie Fountain Sent: Thursday, June 06, 2013 4:41 PM To: Christer Westman Subject: RE: Valley and Oak subdivision Has it gone through preliminary review yet? Does Planning generally support it? If so, it doesn't need to go to the Housing Policy Team unless there is some concern from Planning. If Planning likes the plan, I can just send via email to the team to let them know what is planned since 2"'^ du is an "alternative" under inclusionary and generally supported for these small projects. Debbie From: Christer Westman Sent: Thursday, June 06, 2013 3:31 PM To: Debbie Fountain Subject: Valley and Oak subdivision Hello Debbie, City Ventures has an application in for a 17 lot subdivision at Valley and Oak. Their plan is to satisfy their Inclusionary requirement by offering/providing Second Dwelling units in their Plan 2. Five plan 2 are plotted on the site plan. Their requirement is for three units. I can send floor plans and a site plan for Housing Policy Team Review. Christer CITY OF CARLSBAD PLANNING DIVISION REQUEST FOR CONDITIONS DATE: JUNE 6, 2013 FINAL REVISED PLANS INCLUDED |^ TO: ^ LAND DEVELOPMENT ENGINEERING - TECLA LEVY • POLICE DEPARTMENT-J. SASWAY 1^ FIRE DEPARTMENT - GREG RYAN • BUILDING DEPARTMENT-WILL FOSS • LANDSCAPE PLANCHECK CONSULTANT - PELA • PARKS/TRAILS - LIZ KETABIAN • M & O - CMWD - STEVE PLYLER •ALWAYS SEND EXHIBITS FROM: PLANNING DIVISION REQUEST FOR CONDITIONS ON PROJECT NO(S): "cfl2-07/SDP 12-07 PROJECTTITLE: VALLEY 17 APPLICANT: CITY VENTURES PROPOSAL: 17 SFR; THREE W/2ND DWELUNG UNITS Please review and submit written conditions to the PLANNING TRACKING DESK in the Planning Division at 1635 Faraday Avenue, bv 6/27/13. Ifyou have "No Conditions", please so state. Please note that time is of the essence, as the staff report preparation has begun. If you have any questions, please contact Christer Westman. at 4614. THANK YOU COMMENTS Signature Date c: File Request for Conditions 03/13 CARLSBAD FIRE DEPARTMENT FIRE PREVENTION BUREAU Discretionary Review Checklist PROJECT NUMBER: CT 12-07 / SDP 12-07 BUILDING ADDRESS: TRACT CT 12-07 VALLEY STREET AND OAK AVENUE PROJECT DESCRIPTION: DEVELOPMENT OF 17 SFD LOT COMMUNITY ASSESSOR'S PARCEL NUMBER: 216-170-19-00 FIRE DEPARTMENT The item you have submitted for review has been approved. The approval is based on plans, information and/or specifications provided in your submittal; therefore, any changes to these items after this date, including field modifications, must be reviewed by this office to insure continued conformance with applicable codes. Please review carefully all comments attached, as failure to comply with instmctions in this report can result in suspension of permit to build. By: G. Ryan Date: 06.28.2013 DENIAL Please see the attached report of deficiencies marked with [El. Make necessary corrections to plans or specifications for compliance with applicable codes and standards. Submit corrected plans and/or specifications to this office for review. By: By: By: Date: Date: Date: ATTACHMENTS NO COMMENTS OR CONDITIONS FIRE DEPARTMENT CONTACT PERSON NAME: ADDRESS: 1635 Faraday Ave Carlsbad, CA 92008 PHONE: (760) 602-4665 REVIEW CHECKLIST FIRE SPRINKLERS ^ STB 2'^°"I S"^"^™ • • 1. An automatic fire sprinkler system is required for this project because: • • 2. Provide notes on all plans submitted for review that indicate that fire sprinklers are required. Anns. Submit fire sprinkler plans to the Fire Department for review. WATER METERS <ip • • 4. You wili be required to install a one inch (1") or greater water service and water meter. This is to ensure that there is adequate water provided in the event of a fire sprinkler activation during periods of other uses and/or demands, e.g. irrigation. DATE: JUNES, 2013 CiTY OF CARLSBAD PLANNING DIVISION REQUEST FOR CONDITIONS FINAL REVISED PLANS INCLUDED |^ TO: lEl LAND DEVELOPMENT ENGINEERING - TECLA LEVY • POLICE DEPARTMENT-J. SASWAY FIRE DEPARTMENT - GREG RYAN • BUILDING DEPARTMENT-WILL FOSS giANDSCAPE PLANCHECK CONSULTANT - PELA • PARKS/TRAILS - LIZ KETABIAN • M & O - CMWD - STEVE PLYLER *ALWAYS SEND EXHIBITS FROM: PLANNING DIVISION REQUEST FOR CONDITIONS ON PROJECT NO(S): CT 12-07/SDP 12-07 PROJECTTITLE: VALLEY 17 APPLICANT: CITY VENTURES PROPOSAL: 17 SFR; THREE W/2ND DWELLING UNITS Please review and submit written conditions to the PLANNING TRACKING DESK in the Planning Division at 1635 Faraday Avenue, bv 6/27/13. Ifyou have "No Conditions", please so state. Please note that time is of the essence, as the staff report preparation has begun. If you have any questions, please contact Christer Westman. at 4614. THANK YOU COMMENTS: Date c: File Request for Conditions 03/13 'dl^^k' CITY OF ^ CARLSBAD Memorandum April 9, 2013 To: Christer Westman, Senior Planner From: Tecla Levy, Associate Engineer Re: CT 12-07/SDP 12-07 - Valley 17 Land Development Engineering staff has completed the 2nd review of the above application submittal documents for completeness. The application documents submitted for this project is complete. Prior to next submittal. It is suggested the following items are adequately addressed: Issues of concern: Site Plan: 1. The project Is proposing to discharge unmitigated run-off directly into the existing 36" public storm drain pipe located within the 20-foot public utility easement along the western property boundary. As noted In the last review, the post development discharge (Q) must be mitigated prior to discharge into a public storm drain system, unless it is shown that the public storm drain system and all downstream facilities have adequate capacity to handle the increased Q. Note that staff found significant Issues with the hydrology report received on March 22, 2013. It appears that a large portion of off-site drainage basin that currently drains to the existing 36" RCP was not included in the hydrology calculation, resulting in grossly under-estimated Q in the existing 36" pipe (see comments in hydrology report). 2. A proposed 54" perforated flow-by underground pipe retention system is proposed within the existing 20-foot public utility easement, connected to a proposed junction box downstream of the existing 36" pipe. This system is not acceptable for the following reasons: a) Per the hydrology report, proposed detention system is designed to handle the increase in run-off from the proposed development and is considered private. As previously mentioned in the 1st review comment letter, the city will not allow a combined private and public detention/storm drain system. The city will not take maintenance responsibility of any private facility. b) The existing easement for the existing public utilities (sewer, water and storm drain) is only 20 feet wide. Chapter 1, Section 10 of the Engineering Standards requires a minimum 30-foot wide easement for two or more utilities. Additional pipe is not Community & Economic Development ki^M 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2710 I 760-602-8560 fax I www.carlsbadca.gov CT 12-07 / SDP 12-07 - Valleyi7 April 9, 2013 Page 2 acceptable at this location. As previously requested, provide a separate private detention system for this project outside the public utility easement. c) Perforated pipe may cause soil saturation and cause problems to the existing utilities (sewer, water and storm drain) within the easement. Please delete the proposed private 54"perforated pipe detention system shown within the existing 20 foot public utility easement. 3. On the street cross sections shown on sheet 1, screen back all the existing improvements to differentiate from proposed improvements. Please revise to show 40 feet curb to curb improvement width along Valley Street to match the existing. 4. Show proposed street lights along Valley Street and proposed James Drive extension to comply with the Engineering Standards Chapter 3, Section 10. See red-lined comments on the site plan. 5. The site plan shows that some proposed fill slopes along Oak Avenue are not adequately set back to allow future ultimate improvement without the need for retaining walls. (See previous comment). Note that the ultimate improvement for Oak Avenue is 40-foot curb to curb plus 5' sidewalk and 5' parkway. To ensure that no future retaining wall will be needed for ultimate Oak Avenue improvements, this project must show grading for ultimate improvements up to the right-of-way line. The proposed 2:1 slope should begin at the right- of-way line. See red-lined comments on the plans. 6. Meet with the Fire Department to identify the necessary fire protection measures required for this project (access, fire hydrants, sprinkler system, etc.). 7. Comply with all other comments shown on red-lined plans. SWMP Report: Note: As mentioned in all previous comment letters (including preliminary review letter), adequate space must be provided to accommodate the required stormwater facilities. Per city SUSMP (page 26), lack of space, in itself, is not a suitable justification for using less-effective treatment on a development site because the site design can be altered to accommodate appropriate and effective BMPs. 8. As previously mentioned, the study to evaluate if Buena Vista Lagoon as a stabilized conveyance is not yet completed. Assuming that the Buena Vista Lagoon study is completed and approved, the preliminary SWMP report must still include a narrative explaining why this project is exempt and appropriately reference the said City study when approved. CT 12-07 / SDP 12-07 - Valley 17 April 9, 2013 Page 3 9. Please provide a soil update letter that provides design recommendations for the proposed infiltration basins on each lot. The soil engineer must determine if infiltration facilities are appropriate at the proposed locations. The infiltration basins are recommended only for sandy type soil (soil type A or B). The soils report show Sandy Clay and Clayey Sand at 3 feet depth at some locations. Caution: Infiltration basins are not suitable for sites with more than 30% clay content and high ground water. Inadequate testing for clay around the periphery ofthe proposed infiltration basins may cause the basin to fail. Samples must be taken deep enough because the upper sandy layers may have clay below. 10. Provide cross-section and details of the infiltration basins proposed on each lot. An infiltration facility typically requires sediment pre-treatment by a vegetated strip or forebay to prevent clogging. 11. The sizing calculation provided in the SWMP used an infiltration rate of 0.5 in/hr. for the native soil. The soil engineer must verify the infiltration rate by performing a permeability tests at the proposed Infiltration basin locations. A factor of safety of 0.5 multiplied by the lowest field measured permeability is recommended. The soils engineer must also determine the distance from bottom of the infiltration facilty to the seasonally high groundwater elevation. The distance must be greater than 10 feet. 12. The infiltration facilities were sized using 0.63 unit volume. Please clarify where the 0.63 came from. The infiltration basin is a volume-based facilities and must be sized using the volume of run-off produced from a 24-hour 85*^ percentile storm event as determined from the County of San Diego's 85**^ percentile Precipitation Isopluvial Map (refer to San Diego County Hydrology Manual). As shown on the map, rainfall depth varies from 0.55" to 1.55". Provide an excerpt of the map showing the unit volume at the project site. 13. The minimum infiltration basin area calculation is using an incorrect IMP sizing factor of 0.04. The sizing factor of 0.04 is the ratio of the design intensity of rainfall on tributary impervious surfaces (0.2 inches per hour) to the design percolation rate in the facility (5 inches per hour through an engineered soil mix in a bioretention basin), see attached page 29 of City SUSMP. The proposed infiltration basin has no engineered soil proposed. The area should be sized using the formula: A=WQV (water quality volume)/kt (k is infiltration rate multiplied by a factor of safety and t is the drawdown time, 72 hours). 14. Comply with all other comments shown on the red-lined preliminary SWMP report. Hydrology Report: 15. The off-site drainage basin area included in the hydrology analysis is grossly inaccurate. A large portion of off-site drainage basin was not included in the calculations. Please see CT 12-07 / SDP 12-07 - Valle7i7 April 9, 2013 Page 4 comments on the hydrology report. See also attached hydrology map for your reference. Note that the attached hydrology map is for your reference only. You must rely on your own diligent research and field investigations to accurately reflect that actual field situation. 16. The drainage map shows James Drive extension included In the residential lot sub-basin. A Street is typically analyzed as separate sub-basin because It has higher C factor and different flow characteristic (gutter flow). Separating the street from the lots will help determine the increase In post development Q coming from the public street alone and determine appropriate public stormwater facility acceptable to the city. The city will accept maintenance responsibility of an acceptable BMP provided to mitigate for the increase in run-off due to the proposed James Drive extension only. (See comments on the plans and hydrology report). 17. Clarify if the proposed infiltration basins in each lot will mitigate for 100 year storm increase as indicated in some e-mail correspondence. Provide design calculations. The hydrology report did not include detention routing calculations to show that the infiltration basins as shown are adequate to mitigate for increases in the 100 year storm event from each lot. Resubmittal: 18. Please submit the following documents in the next review submittal: a) 2 copies ofthe revised preliminary site plan b) 2 copies each ofthe revised SWMP, hydrology report c) 2 copies ofthe preliminary soils report. d) 2Bllreview redlined plans and all red-lined reports CITY OF CARLSBAD REVIEW AND COMMENT MEMO DATE: MARCH 22. 2013 PROJECT NO(S): CT 12-07/SDP 12-07 b^SSS^.' -•::v:^.:, . ^ REVIEW NO: 2 s PROJECT TITLE: VALLEY 17 APPLICANT: CITY VENTURES/JOE OFTELIE TO: IXI Land Development Engineering-Tecla Levy I I Police Department-J. Sasway dBiP Fire Department - Greg Ryan 1X1 Building Department - Will Foss I I Recreation - Mark Steyaert I I Public Works Department (Streets) - Nick Roque I I Water/Sewer District IXI Landscape Plancheck Consultant - PELA I I School District I I North County Transit District - Planning Department I I Sempra Energy - Land Management I I Caltrans (Send anything adjacent to 1-5) I I Parks/Trails - Liz Ketabian *ALWAYS SEND EXHIBITS FROM: PLANNING DIVISION Please review and submit written comments and/or conditions to the PLANNING TRACKING DESK in the Planning Division at 1635 Faraday Avenue, bv 4/12/l37irvou have No Comments, pleaSe so state. If you determine that there are items that neei^'tD be submitted to deem the application "complete" for processing, please immediately contact the applicant and/or their representatives (via phone or e-mail) to let them know. Thank you COMMENTS: Signature Date PLANS ATTACHED Review & Comment 12/12 CARLSBAD FIRE DEPARTMENT FIRE PREVENTION BUREAU Discretionary Review Checklist PROJECT NUMBER: CT 12-07 - VALLEY 17 BUILDING ADDRESS: VALLEY & OAK PROJECT DESCRIPTION: NEW 17 SFD DEV ASSESSOR'S PARCEL NUMBER: FIRE DEPARTMENT APPROVAL The item you have submitted for review ha. been approved. The approval is based on plans, Information and/or specifications provided in your submittal; therefore, any changes to these items after this date, including field modifications, must be reviewed by this office to insure continued conformance with applicable codes. Please review carefully all comments attached, as failure to comply with instructions in this report can result in suspension of permit to build. By: (^."^a Date: 04.22.2013 DENIAL Please see the attached repoi .'of deficiencies marked with El. Make necessary corrections to plans or specifications for compliance with applicable codes and standards. Submit corrected plans and/or specifications to this office for review. By: By: By: Date: Date: Date: ATTACHMENTS FIRE DEPARTMENT CONTACT PERSON NAME: GREGORY L RYAN ADDRESS: PHONE: 1635 Faraday Ave Carlsbad, CA 92008 (760) 602-4665 COMMENTS Per our meeting this date with City Ventures, FIRE would like to see the proposed fire hydrant relocated near or at the intersection of James Drive and Valley Street. CITY OF CARLSBAD REVIEW AND COMMENT MEMO DATE: MARCH 22. 2013 PROJECT NO(S): CT 12-07/SDP 12-07 tfBHBIM*^^-'' MEW NO: imam PROJECTTITLE: VALLEY 17 APPLICANT: CITY VENTURES/JOE OFTELIE TO: jmiP Land Development Engineering-Tecla Levy I I Police Department - J. Sasway IXI Fire Department - Greg Ryan 13 Building Department - Will Foss I I Recreation - Mark Steyaert I I Public Works Department (Streets) - Nick Roque I I Water/Sewer District IXI Landscape Plancheck Consultant - PELA I I School District I I North County Transit District - Planning Department I I Sempra Energy - Land Management I I Caltrans (Send anything adjacent to 1-5) I I Parks/Trails - Liz Ketabian •ALWAYS SEND EXHIBITS FROM: PLANNING DIVISION Please review and submit written comments and/or conditions to the PLANNING TRACKftifGT>ESK in the Planning Division at 1635 Faraday Avenue, by4/iz/i5. It vou have "No comments," pleas"e so state. If you determine that there are iteiif^s thatlTiHd to be submitted to deem the application "complete" for processing, please immediatelv contact the applicant and/or their representatives (via phone or e-mail) to let them know. Thank you COMMENTS: Signature Date PLANS ATTACHED Review & Comment 12/12 CITY OF CARLSBAD REVIEW AND COMMENT MEMO DATE: MARCH 22. 2013 PROJECT NO(S): CT 12-07/SDP 12-07 i^HHi^^Mn mm REVIEW NO: 2 VIP PROJECTTITLE: VALLEY 17 APPLICANT: CITY VENTURES/JOE OFTELIE TO: ^ Land Development Engineering-Tecla Levy I I Police Department - J. Sasway IXI Fire Department-Greg Ryan ^^/^ Building Department-Will Foss I I Recreation - Mark Steyaert I I Public Works Department (Streets) - Nick Roque I I Water/Sewer District 1X1 Landscape Plancheck Consultant - PELA I I School District r~| North County Transit District - Planning Department I I Sempra Energy - Land Management I I Caltrans (Send anything adjacent to 1-5) I I Parks/Trails - Liz Ketabian *ALWAYS SEND EXHIBITS FROM: PLANNING DIVISION Please review and submit written comments and/orconditiy^pyj |o |h^ PL^|MNj|\|^GJ:RACiaM^^^, in the Planning Division at 1635 Faraday Avenue, b'^g^Jl^ Ifyou have "No Comments," please so state. If you determine that there are item^RI^^^!!Ko be submitted to deem the application "complete" for processing, please immediately contact the applicant and/or their representatives (via phone or e-mail) to let them know. Thank you COMMENTS: Signature Date PLANS ATTACHED Review & Comment 12/12 CITY OF ^ CARLSBAD Memorandum January 17, 2013 To: Christer Westman, Senior Planner From: Tecla Levy, Associate Engineer Re: CT 12-07/SDP 12-07 - Valley 17 Land Development Engineering staff has completed the first review of the above application submittal documents for completeness. The application documents submitted for this project are incomplete. Prior to next submittal, it is suggested the following items are adequately addressed: Incomplete Items: 1. Provide hydrology and hydraulic calculations to show that downstream drainage facilities have capacity for any increases in 100 year storm event runoff, or that the post development storm water discharges do not exceed the pre development condition. Identify the location, alignment, and discharge point of any proposed drainage system. Issues of concern: Site Plan: 1. Please submit Engineering Standard Chapter 3, section 3.B standard variance request with justifications as previously requested. See item 1 of the city comment letter dated September 18, 2012, also shown below: "The proposed option 6 James Drive extension creates less than 150 feet of street centerline distances between streets entering upon opposite sides of Valley Street. The City of Carlsbad Engineering Standard Chapter 3, section 3.B requires the centerlines of streets entering upon the opposite sides of any given street to be offset by at least 200 feet for residential streets or 150 feet for cul-de-sac streets. During formal project submittal, the engineer must submit a standard variance request (with justifications) in accordance with Engineering Standard Chapter 3, section 18. The City Engineer may grant the standard variance request if determined that the variance request meets Engineering Standard Chapter 3, section 18.D, items 1 to 5." 2. On sheet 2 of the site plan, it is indicated that the existing 36" storm drain pipe is to be removed. However, it is not indicated if a replacement pipe is provided. The existing 36" Community & Economic Development 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2710 I 760-602-8560 fax | www.carlsbadca.gov CT 12-07 / SDP 12-07 - Valley 17 January 17, 2013 Page 2 storm drain conveys significant amount of drainage from the existing homes along existing James Drive. It is not clear how the existing James drive drainage is handled. Please clarify and provide hydrology and hydraulic calculations. 3. The site plan shows a proposed 6'x4' box culvert for detention purposes at the same location where the existing 36" RCP (proposed to be removed) is located. Since no hydrology report was submitted, it is not clear how the proposed 6'x4' box culvert works. Is it intended to detain the increase in 100 year storm event discharges forthe project? Will it also act as a conveyance system to carry the existing drainage from existing James Drive? The city Storm Drain Maintenance and Operations Division does not allow the use of a 6'x4' box culvert at this location due to potential maintenance issues. In addition, the city does not allow a combined private detention system and public conveyance system. Provide a separate private detention system for this project outside the public utility easement. Please protect in place the existing 36" RCP public storm drain that conveys existing drainage from James Drive, or replace in kind. 4. As indicated in item 5 ofthe city comment letter dated September 18, 2012, the existing 20 foot public utility and access easement per document no. 85-491818 is inadequate to cover the existing sewer and storm drain utilities. Since the James Drive extension proposed in this project does not follow the alignment shown in the City approved DWG 257-9, an additional 10 foot utility easement is required to comply with Engineering Standard Chapter 1, section 10. Or submit a standard waiver request with justifications to waive the 30 foot minimum easement width requirement per Engineering Standard Chapter 1, section 10 for city engineer review and approval. 5. On Sheet 1, show street cross sections for existing James Drive, Valley Street and Oak Avenue. 6. On sheet 2, revise curb ramps to comply with San Diego Regional Standard Drawing (SDRSD) G-27. 7. Show existing contours and existing improvements and utilities along Valley Street and Oak Avenue. 8. All proposed driveways must comply with SDRSD G-14. 9. The site plan shows slope grading along Oak Avenue at the project frontage. Please revise to show no slope grading within the existing public right-of-way. 10. Ensure that the proposed pads along Oak Avenue have adequate set-backs to allow future ultimate improvements without the need for future retaining walls. Provide a cross-section CT 12-07 / SDP 12-07 - Valley 17 January 17, 2013 Page 3 of existing Oak Avenue showing the proposed adjacent pad grading, the existing right-of- way, existing pavement, existing slope, and proposed slope. See comments on the site plans. 11. Please provide asphalt berm along the edge of the existing asphalt pavement along Oak Avenue to control and direct drainage and avoid erosion problems along the edge of the existing pavement. Provide smooth transitions into the existing drainage system. 12. On the site plan, identify the pipe size, material and the approved drawing numbers ofthe existing water and sewer mains along adjacent streets. 13. This project will be conditioned to provide, to the satisfaction of the city engineer, a recorded document that ensures maintenance of shared private improvements such as stormwater treatment facilities and storm drain system forthe proposed subdivision. 14. Meet with the Fire Department to identify the necessary fire protection measures required for this project (access, fire hydrants, sprinkler system, etc.). 15. Comply with all other comments shown on red-lined plans. SWMP Report: 16. On page 3 of the preliminary SWMP report, it is stated that the project is exempt from hydromodification requirements. Please include in the SWMP report an HMP applicability Determination flowchart (Figure 2-1 on page 30 of the City of Carlsbad SUSMP, attached). On the flow chart, please highlight the path and nodes that determine the project's exemption potential. See attached sample. Based on the statement provided in the SWMP report, the project is potentially exempt by virtue of Nodes 7 & 8 in Figure 2-1 (project discharges to a hardened conveyance). Note that Figure 2-1 refers to the expanded HMP exemption criteria for Nodes 7 & 8 on page 32 of the city SUSMP. One of the criteria is to discharge to an exempt water system. Buena Vista Lagoon is not listed as an exempt system. Please provide explanation in the SWMP report how this project meets the expanded exemption criteria. Provide justifications for any assumptions made. 17. Please provide adequately sized treatment BMP for each proposed lots. The proposed self- treating BMPs for each lot appear inadequate and do not meet the following design criteria as provided in the City ofCarlsbad SUSMP (see attached Pages 78 and 79. A design checklist is also provided on page 81): a) The maximum ratio of impervious area draining into the self-retaining area is 2:1. (i.e. for a 7,500 sq. feet house, the self-retaining area required would be 3,750 sq. feet. This requirement appears infeasible forthe proposed lots. CT 12-07 / SDP 12-07 - Valley 17 January 17, 2013 Page 4 b) Self-retaining areas must be designed to retain and infiltrate the first one inch of rainfall for the entire study area without producing any run-off. The volumes provided for each lot appear inadequate. Volume calculations must show that the 1-inch of rainfall for the entire study area can be detained. c) Well-draining soil is required for self-retaining areas to infiltrate the retained volume within 72 hours. The soil type and infiltration rate must be verified by the soil's engineer. In addition, the proposed self-retaining areas are very close to building structures. The soil engineer may not allow storm water ponding near building structures. On page 32 ofthe soils report, it is stated that area drains must be provided to provide rapid discharge of water away from the structures. 18. Please provide a soils update letter that provides design recommendations for any proposed treatment BMPs for this project. 19. A Filterra system is not acceptable within the public right-of-way. Provide an alternative treatment BMP forthe proposed James Drive extension. 20. Comply with all other comments shown on the red-lined preliminary SWMP report. Resubmittal: 21. Please submit the following documents in the next review submittal: a) 2 copies ofthe revised preliminary site plan b) 2 copies each ofthe revised SWMP, hydrology report c) 2 copies ofthe preliminary soils report. d) 1st review redlined plans and all red-lined reports CITY OF CARLSBAD REVIEW AND COMMENT MEMO DATE: JANUARY 4. 2013 PROJECT NO(S): CT 12-07/SDP 12-07 REVIEW NO: 1 PROJECTTITLE: VALLEY 17 APPLICANT: CITY VENTURES TO: IXI Land Development Engineering Police Department - J. Sasway Fire Department - Greg Ryan Building Department - Will Foss Recreation - Mark Steyaert Public Works Department (Streets) - Nick Roque Water/Sewer District • • • • • • • • Landscape Plancheck Consultant PELA School District North County Transit District - Planning Department Sempra Energy-Land Management Caltrans (Send anything adjacent to 1-5) Parks/Trails - Liz Ketabian •ALWAYS SEND EXHIBITS FROM: PLANNING DEPARTMENT Please review and submit written comments and/or conditions to the PLANNING TRACKING DESK in the Planning Department at 1635 Faraday Avenue, bv 01/25/2013. Ifyou have "No Comments," please so state. If vou determine that there are items that need to be submitted to deem the application "complete" for processing, please immediately contact the applicant and/or their representatives (via phone or e-mail) to let them know. Thank you COMMENTS: ignature Date PLANS ATTACHED Review & Comment 05/11 CARLSBAD FIRE DEPARTMENT FIRE PREVENTION BUREAU Discretionary Review Checklist PROJECT NUMBER: CT 12-07 / SDP 12-07 - VALLEY 17 BUILDING ADDRESS: VALLEY & OAK PROJECT DESCRIPTION: NEW 17 SFD DEV ASSESSOR'S PARCEL NUMBER: FIRE DEPARTMENT APPROVAL The item you have submitted for review has been approved. The approval is based on plans, information and/or specifications provided in your submittal; therefore, any changes to these items after this date, including field modifications, must be reviewed by this office to insure continued conformance with applicable codes. Please review carefully all comments attached, as failure to comply with instructions in this report can result in suspension of permit to build. By: (j.l^a. Date: 01.25.2013 DENIAL Please see the attached report of deficiencies marked with [El. Make necessary corrections to plans or specifications for compliance with applicable codes and standards. Submit corrected plans and/or specifications to this office for review. By: By: By: Date: Date: Date: ATTACHMENTS FIRE DEPARTMENT CONTACT PERSON NAME: GREGORY L RYAN ADDRESS: PHONE: 1635 Faraday Ave Carlsbad, CA 92008 (760) 602^665 COMMENTS CITY OF CARLSBAD REVIEW AND COMMENT MEMO DATE: JANUARY 4. 2013 PROJECT NO(S): CT 12-07/SDP 12-07 REVIEW NO: 1 PROJECTTITLE: VALLEY 17 APPUCANT: CITY VENTURES TO: • • • • • • • • Land Development Engineering Police Department-J. Sasway Fire Department - Greg Ryan Building Department - Will Foss Recreation - Mark Steyaert Public Works Department (Streets) - Nick Roque Water/Sewer District Landscape Plancheck Consultant - PELA School District North County Transit District - Planning Department Sempra Energy - Land Management Caltrans (Send anything adjacent to 1-5) Parks/Trails - Liz Ketabian •ALWAYS SEND EXHIBITS FROM: PLANNING DEPARTMENT Please review and submit written comments and/or conditions to the PLANNING TRACKING DESK in the Planning Department at 1635 Faraday Avenue, bv 01/25/2013. Ifyou have "No Comments," please so state. If you determine that there are items that need to be submitted to deem the application "complete" for processing, please immediately contact the applicant and/or their representatives (via phone or e-mail) to let them know. Thank you COMMENTS: IL Signature Date PLANS ATTACHED Review & Comment 05/11 CITY OF CARLSBAD REVIEW AND COMMENT MEMO DATE: JANUARY 4. 2013 PROJECT NO(S): CT 12-07/SDP 12-07 REVIEW NO: 1 PROJECTTITLE: VALLEY 17 APPUCANT: CITY VENTURES TO: M • • • • • • • • Land Development Engineering Police Department - J. Sasway Fire Department - Greg Ryan Building Department - Will Foss Recreation - Mark Steyaert Public Works Department (Streets) - Nick Roque Water/Sewer District Landscape Plancheck Consultant PELA School District North County Transit District - Planning Department Sempra Energy-Land Management Caltrans (Send anything adjacent to 1-5) Parks/Trails - Liz Ketabian •ALWAYS SEND EXHIBITS FROM: PLANNING DEPARTMENT Please review and submit written comments and/or conditions to the PLANNING TRACKING DESK in the Planning Department at 1635 Faraday Avenue, bv 01/25/2013. Ifyou have "No Comments," please so state. If vou determine that there are items that need to be submitted to deem the application "complete" for processing, please immediately contact the applicant and/or their representatives (via phone or e-mail) to let them know. Thank you COMMENTS:. Signature Date PLANS ATTACHED Review & Comment 05/11 jS Fro in Subjeci Date To Dee Ann Gee <vballgee@aol.com> Re: Valley 17 comments September 17, 2013 8:45:06 PM PDT jeffsegall@roadrunner.com Jeff, Thank you, I will try. It does get frustrating though, when, after 20 years of politely requesting that the density of such projects be reduced, the Planning Commission doesn't seem to listen or care about the residents. It just happens over and over again. I will add that the planned big block walls fronting Valley in this plan are out of character with this neighborhood 'aina'doTiotcoritHb^ The trend seems to be to drop these high density projects into existing neighborhoods without regard for cohesiveness. I do appreciate your response which means at least one commissioner is paying attention. Best wishes, Dee Ann —Original Message— From; Jeff Segall <jeffsegall@roadrunner.com> To; vballgee <vballgee@aol.com> Sent Tue, Sep 10, 2013 4:17 pm Subject: Re: Valley 17 comments Dear Ms, Gee: Thank you for your email about the Valley 17 Development Plan, The Planning Commissioners have received your email and it will be part of the record I hope you will be able to testify before the Commission at the heanng We appreciate comments and thoughts from the public on projects before us I personally appreciate the time you took to write to us Thank you, Jeff Segall Carlsbad Planning Commission From; Dfi- Ann Gt'c Hnciillo:vbiillcj(.'o'u~iaol,rom] Sent: MuiiLlay, Sepieuux:! 09, 2013 lO-.'iZ PM To; Planiuiitj Subject: voik-y 1 / conimetils Please forward to Planning Commission As a resident, I request that you revised the Valley 17 development plan 1) It is inconceivable that you would.permit 17 homes on such a small plot of land. The density is excessive 2) Lot sizes of 7500 sq ft are excessively small. It does not allow for space between neighbors, a reasonable yard to play in or acceptable parking, I have noticed that more and more neighborhoods are having parking issues because of the increased density. Now, because our trash cans are larger, their is no parking on trash days 3) You continue to approve high-density projects, v^fhen the citizens continue to voice their disapproval to increased density You are destroying our livable community I doubt any residents would approve this plan, if they had a vote You are tasked with representing the citizens, not the developer Christer Westman From: Bridget Desmarais on behalf of Planning Sent: Tuesday, September 10, 2013 4:04 PM To: Planning Commission Cc: Don Neu; Christer Westman Subject: FW: Valley 17 comments From: Dee Ann Gee [mailto:vballgee(g)aol.com] Sent: Monday, September 09, 2013 10:32 PM To: Planning Subject: Valley 17 comments Please forward to Planning Commission: As a resident, I request that you revised the Valley 17 development plan. 1) It is inconceivable that you would permit 17 homes on such a small plot of land. The density is excessive. 2) Lot sizes of 7500 sq ft are excessively small. It does not allow for space between neighbors, a reasonable yard to play in or acceptable parking. I have noticed that more and more neighborhoods are having parking issues because of the increased density. Now, because our trash cans are larger, their is no parking on trash days. 3) You continue to approve high-density projects, when the citizens continue to voice their disapproval to increased density. You are destroying our livable community. I doubt any residents would approve this plan, if they had a vote. You are tasked with representing the citizens, not the developer. Please change this plan to a minimum lot size of 12,000 sq ft. Just because a developer can do something, doesn't mean they should. Regards, Dee Ann 23 year Carlsbad resident ViCARLSBAD FILE Cas-i CITY OF ^Co^^j^ty & Economic Development www.carlsbadca.gov Joe Oftelie, Director of Development City Ventures 1900 Quail Street Newport Beach, CA 92660 SUBJECT: CT 12-07 - VALLEY 17 The preliminary staff report for the above referenced project will be sent to you via email on Wednesday, September 4, after 8:00 a.m. This preliminary report will be discussed by staff at the Development Coordinating Committee (DCC) meeting which will be held on September 9, 2013. A twenty (20) minute appointment has been set aside for you at 9:30 a.m. If you have any questions concerning your project you should attend the DCC meeting. It is necessary that you bring the following required Information with you to this meeting or provide it to your planner prior to the meeting in order for your project to go forward to the Planning Commission: 1. Unmounted colored exhibit(s) of your site plan and elevations. For residential projects of 2 or more homes a typical street scene of the elevations shall be provided. The corresponding rear elevations for the homes shown for the typical street scene shall also be provided; and 2. A PDF of your colored site plan and elevations. The colored exhibits must be submitted at this time to ensure review by the Planning Commission at their briefings. If the colored exhibits are not available for their review, vour proiect could be rescheduled to a later time. The PDF of your colored site plan and elevations will be used in the presentation to the Planning Commission and the public at the Planning Commission Hearing. If you do not plan to attend this meeting, please make arrangements to have your colored exhibit(s) and the PDF here by the scheduled time above. Should you wish to use visual materials in your presentation to the Planning Commission, they should be submitted to the Planning Division no later than 12:00 p.m. on the day of a Regular Planning Commission Meeting. Digital materials will be placed on a computer in Council Chambers for public presentations. Please label all materials with the agenda item number you are representing. Items submitted for viewing, including presentations/digital materials, will be included in the time limit maximum for speakers. All materials exhibited to the Planning Commission during the meeting (slides, maps, photos, etc.) are part of the public record and must be kept by the Planning Division for at least 60 days after final action on the matter. Your materials will be returned upon written request. If you need additional information concerning this matter, please contact your Planner, Christer Westman at (760) 602-4614. DON NEU, AICP City Planner DN:CW:bd c: File Copy Project Engineer Planning Division ^ 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® Davy & Associates, Inc. Consultants in Acoustics 2100 North Sepulveda Blvd., Suite 42 • Manhattan Beach, CA 90266 • Te/.- 310-802-S900 • Fax: 310-802-8002 • e-mail: davyassoc@aol.com JN2013-29 August 2, 2013 Mr. Joe Oftelie City Ventures 1900 Quail Street Newport Beach, CA 92660 SUBJECT: ACOUSTICAL ANALYSIS Valley 17, Valley Street & Oak Avenue, Carlsbad, California Dear Joe: Enclosed are copies of our acoustical analysis for the Valley 17 project at Valley Street & Oak Avenue in Carlsbad, California. The results of the monitoring indicate the project will comply with the requirements of the City of Carlsbad with no special acoustical mitigation. The analysis we have completed is intended only to satisfy the environmental requirements of the plan check agency. We assume no responsibility for details of construction or final noise levels following completion of the proposed project. If you have any questions concerning the enclosed report, please call me. It has been a pleasure working with you on this project. Sincerely, DAVY & ASSOCIATES, INC. 5ruce A. Davy, P.E. President BD/kbd Davy & Associates, Inc. Consultants in Acoustics 2100 North Sepulveda Blvd., Suite 42 • Manhattan Beach, CA 90266 • Tel: 310-802-6900 • fax: 310-802-8002 • e-mail: davyassoc@aol.com JN2013-29 ACOUSTICAL ANALYSIS Valley 17, Valley Street & Oak Avenue Carlsbad, California FOR City Ventures Newport Beach, California August, 2013 1.0 Introduction At the direction of City Ventures, Davy & Associates, Inc. has completed an acoustical analysis of the Valley 17 project at Valley Street & Oak Avenue in Carlsbad, California. The California Administrative Code (Title 24) as enforced by the City of Carlsbad specifies maximum allowable interior noise levels of CNEL 45 for all habitable spaces in residential buildings where exterior noise from transportation sources exceeds CNEL 60. Section 2.0 of this report contains the results of measurements and calculations of the future exterior noise environment at the site to determine compliance with these requirements. Section 3.0 of this report contains recommendations for complying with the City of Carlsbad interior noise level requirements. Section 4.0 of this report contains the requirements of the State Building Code concerning ventilation. Section 5.0 discusses Exterior Living Area Requirements as enforced by the City. 2.0 Exterior and Future Acoustical Environment Environmental noise levels were monitored at the site in Cartsbad, California on August 1, 2013 between the hours of 3:00 p.m. and 5:00 p.m. The location of the site is shown in Figure 1. Noise measurements were made at the northeast property line and also at the southwest property line. Noise levels at the site are dominated by traffic on Valley Street to the northeast and by traffic on Oak Avenue to the southwest. There was also some noise from the 1-5 Freeway to the west that was audible at the northeastern portion of the site. No other significant sources of noise were noted during the site visit. Environmental noise levels were measured with a precision integrating LD 820 sound level meter that had been calibrated with a B&K 4230 Acoustical Calibrator immediately prior to use. The sound level meter measures and displays the equivalent noise level (LEQ), as well as the maximum and the minimum noise levels during the measurement period. A copy of the analysis of the acoustical data is attached to this report. 1 Figure 1. Site Location The data thus collected were analyzed to determine the CNEL levels at the measurement locations. The CNEL values were determined by measuring the equivalent noise level (LEQ) directly, and then calculating the equivalent noise level for each of the other 23 hours in the day.^ This CNEL approach has been utilized extensively. The accuracy of this procedure has been established with automatic 24- hour measurements at the same location. The procedure has always been within acceptable accuracy limits. The results of the monitoring and calculations are summarized below in Table 1. Table 1 Measured Ambient Noise Levels in dB Location Peak Hour LEQ CNEL NE Building Line 55.0 dB 56.0 dB SW Building Line 55.5 56.5 Noise levels from the 1-5 Freeway to the west was audible at the northeast building line at a level of approximately 53.4 dBA. Noise from the 1-5 Freeway was not audible at the southwest building line. This is due to the acoustical shielding of the raised topography between the site and the Freeway. Section 3501 .(c) of the State Building Code states the following: Worst-case noise levels either existing or future, shall be used as the basis for determining compliance with this Section. Future noise levels shall be predicted for period of at least 10 years from the time of building permit application, CALTRANS, Division of Traffic Operations publishes an annual traffic volume book that contains previous traffic trends. The 2003 traffic volumes on the California State Highway System Book (the latest edition available) lists an average annual increase of 2.3% per year in annual traffic volumes for the years 1998 through 2003. Assuming that this annual growth of 2.3% would hold for this site, it was projected that traffic volumes would increase by a factor 1.26 by the year 2023. This traffic volume increase over the next 10 years would result in a 1.0 dB traffic noise increase. Therefore, the projected future year noise levels are summarized in Table 2. ^ See, for example, "Insulation of Buildings Against Highway Noise," Bruce Davy and Steven Skale, Federal Highway Administration FHWA-TS-77-202. Table 2 Exterior 2023 CNEL Values at the Site in dB Location CNEL NE Building Line 57.0 dB SW Building Line 57.5 With an exterior noise level of CNEL 57.5, the buildings must provide an A-weighted noise reduction value of at least 12.5 dB to achieve an interior CNEL 45 value. Standard construction consisting of 2x4 studs with R-11 insulation, exterior stucco, interior gypboard, and standard glazing provides a minimum A-weighted noise reduction of 20 dB. This means that with the use of standard construction and standard glazing in all buildings interior noise levels should not exceed CNEL 45. Therefore, the buildings will comply with the California Noise Insulation Standards as enforced by the City of Carisbad. 3.0 Construction Recommendations 3.1 Roof ceiling construction will be roofing on plywood. Batt insulation will be installed in joist spaces. The ceilings will be one layer of gypboard. 3.2 All exterior walls will be 2x4 studs 16" o.c. with batt insulation in the stud spaces. Exteriors will be exterior plaster or stucco. The interiors will be gypboard. 3.3 All windows and glass doors may be standard glazing. All entrance doors will be solid core with weatherstripping seals. 4.0 Ventilation Requirements The California Noise Insulation Standards (Title 24) states the following paragraph concerning ventilation: "If interior allowable noise levels are met by requiring that windows be unopenable or closed, the design for the structure must also specify a ventilation or air-conditioning system to provide a habitable interior environment. The ventilation system must not compromise the dwelling unit or guest room noise reduction." With windows open, typical noise reduction values will be in the 12 dB range. This means that a ventilation system must be provided for the first row of buildings closest to Urania Avenue. This can normally be supplied with an FAU with a summer switch. Outside air intake must be in compliance with the Uniform Building Code. 5.0 Exterior Living Area Requirements The City of Carisbad has established criteria for exterior living space. Noise Levels in exterior living space cannot exceed CNEL 60. This requirement applies to back yards in single-family developments. As shown in Table 2 all backyards and frontyards on the site will be exposed to noise levels of less than CNEL 60. Therefore, all exterior living areas on the site will comply with the requirements of the City of Carisbad for exterior living spaces. Jruce A. Davy, P.E. Davy & Associates, Inc. SITE MONITORING NOISE ANALYSIS JN2013-29 PROJECT: LOCATION: TEST DATE: START TIME: END TIME: EQUIPMENT USED; TEMPERATURE: Valley Street & Oak Avenue , Cartsbad Northeast Building Line August 1, 2013 3:00 P.M. 4:00 P.M. LD 820 SLM 1/2" Random Incidence Mic Windscreen B&K 4230 Calibrator Tripod Wind Speed Indicator Micronta Thermometer/Hygrometer 74 °f RELATIVE HUMIDITY: 50% WIND: 0-2 mph LEQ: 55.0 L90: 50.0 LMAX: 71.6 L50: 51.5 LMIN: 34.5 L25: 52.1 CNEL: 56.0 L8: 54.1 LDN: 56.0 L2: 64.9 Ll: 68.6 DAVY & ASSOCIATES, INC. Consultants in Acoustics SITE MONITORING NOISE ANALYSIS JN2013-29 PROJECT: LOCATION: TEST DATE: START TIME: END TIME: EQUIPMENT USED: TEMPERATURE: Valley Street & Oak Avenue , Cartsbad Southwest Building Line August 1, 2013 4:00 P.M. 5:00 P.M. LD 820 SLM 1/2" Random Incidence Mic Windscreen B&K 4230 Calibrator Tripod Wind Speed Indicator Micronta Thermometer/Hygrometer 74 °f RELATIVE HUMIDITY: 50% WIND: 0-2 mph LEQ: 55.5 L90: 46.8 LMAX: 67.6 L50: 48.8 LMIN: 37.3 L25: 52.5 CNEL: 56.5 L8: 61.0 LDN: 55.5 L2: 65.6 Ll: 66.6 DAVY & ASSOCIATES, INC. Consultants in Acoustics <^-"o. " ' FILE COPY vICARLSBAD Community & Economic Development www.carlsbadca.gov July 3, 2013 Joe Oftelie City Ventures 1900 Quail Street Newport Beach 92660 SUBJECT: CT 12-07 - VALLEY 17 Dear Mr. Oftelie, Your project was deemed complete on April 15, 2013. There are issues of concern with the project that remain to be resolved. The issues are listed on the attached page(s). All issues will need to be resolved prior to scheduling the project for a public hearing. Please contact me at (760) 602-4614, if you have any questions or wish to set up a meeting to discuss the application. Sincerely, Christer Westman Senior Planner CW:fn Chris DeCerbo, Team Leader Tecla Levy, Project Engineer File Copy Data Entry enclosures Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® CT 12-07-VALLEY 17 ta ISSUES OF CONCERN Engineering: Site Plan: 1. The proposed storm drain pipe system within the public right of way (at James drive and Oak) with multiple connections to individual lots is solely for the benefit of this subdivision and the maintenance of this facility will not be accepted by the city. The proposed storm drain system must be privately owned and maintained, and should be located outside ofthe public right of way. In our previous meeting, I suggested to use a raised flow-through planters to be able to discharge the run-off into the street (see attached pictures of some flow-through planters installed in the city of Carlsbad). You may explore other options that will eliminate the need for the proposed storm drains at James Drive and Oak Street. One option is to install smaller storm drain pipes within the private property to connect all flow-through planters (6" HOPE pipes maybe adequate) to the proposed curb inlets at James Drive and Oak Street. Private storm drain easements across each lot will be required. (See red-lined plans). The project will be conditioned to process covenants of private drainage easements to address cross-lot drainage. 2. Provide a flow-through planter/detention basin cross-section and details on the site plan. 3. The existing improvements of the adjacent parcels and streets previously shown in the previous plan review submittals are missing in the current revised plans. Please revise plans to show all the existing improvements ofthe adjacent parcels and streets. 4. Eliminate the proposed slope within the existing utility easement located along the western property boundary. Provide a 12-foot wide rolled curb dnveway access at James Drive and all weather access road up to the storm drain cleanout and sewer manhole within the existing utility easement for utility access and maintenance (see red-lined comments). 5. Provide sight distance corridor at the sharp turn along James Drive extension as shown in the red- lined plans. Ensure that the proposed retaining wall does not obstruct the sight distance line of sight. 6. The opening of the curb inlet at the southwest corner of the site appears inadequate. The Q used in the sizing calculations appears incorrect. Please verify and revise accordingly. 7. Provide an update letter from the soils engineer that provides design recommendations of the revised flow-through planters/detention basins. 8. Comply with all other comments shown on red-lined plans. CT 12-07-VALLEY 17 July 3, 2013 Paqe 3 SWMP Report: 9. A full-size (24"x36") BMP map and DMA map was not included in the report. The BMP exhibit included in this report is too small and is not legible. 10. The study entitled "Hydromodification Exemption Analysis for Select Carisbad Watershed" dated June 10, 1013 has been approved. Please reference this report in the SWMP to claim for hydromodification exemption. This project is exempt from hydromodification requirements, therefore, the proposed flow-through planters, will serve as treatment control BMPs and for detention ofthe increase in 100 year storm run-off only. Delete the flow control orifice calculations for hydromodification included in the SWMP report. 11. Provide a flow-through planter cross-sections and details in the SWMP report and the site plan. 12. The sizing factor to size the treatment BMP is 6%. If using engineered soil layer for treatment BMP, it is acceptable to use only 4% as the sizing factor of the treatment BMP, instead of 6%. This will help reduce the sizes of the basins. The sizing factor of 0.04 is the ratio of the design intensity of rainfall on tributary impervious surfaces (0.2 inches per hour) to the design percolation rate in the facility (5 inches per hour through an engineered soil mix in a bioretention basin), see page 29 of City SUSMP. 13. Comply with all other comments shown on the red-lined preliminary SWMP report. Hydrology Report; 14. A full-size (24"x36") hydrology map was not included in the report. The 8.5 "x 11" map included is too small and not legible. 15. The report did not include detention routing calculations for the proposed detention basins. It is not clear how much run-off volume is required to be detained in each of the proposed flow-through planters/detention basins to mitigate for the 100-year increase in run-off 16. The Q used in the curb inlet sizing calculations at node 7 appears incorrect. As a result, the opening appears to be undersized. Please revise. 17. Include a typical cross-section and detail for the proposed flow-through planters/detention system in the hydrology report. Resubmittal; 18. Please submit the following documents in the next review submittal: a) 1 copies ofthe revised preliminary site plan b) 1 copies each ofthe revised SWMP, hydrology report c) 1 copies of the preliminary soils report. d) 1st review redlined plans and all red-lined reports e) All previous red-lined plans and reports 4,'^ CITY OF V (CARLSBAD Community & Economic Development www.carlsbadca.gov FILE COPY June 17, 2013 Joe Oftelie City Ventures 1900 Quail Street Newport Beach CA 92660 SUBJECT: CT 12-07 - VALLEY 17 - CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) APPUCABIUTY/PROCESS DETERMINATION This is to advise you that after reviewing the application for the project referenced above, the City has determined that the following environmental review process (pursuant to CEQA) wilt be required for the project: The project is exempt from the provisions of CEQA, pursuant to CEQA Categorical Exemption for 15332; IN-FILL DEVELOPMENT PROJECTS. No environmental review is required for the project. A Notice of Exemption will be filed after approval ofthe project with the San Diego County Clerk's Office which involves a filing fee. Please submit a check to the project planner in the amount of $50.00 made out to the San Diego County Clerk. The check should be submitted approximately one week prior to the Planning Commission hearing date. For additional information related to this CEQA applicability/process determination, please contact the project planner, Christer Westman, at (760) 602-4614 orchrister.westman@carisbadca.gov. Sincerely, DON NEU, AICP City Planner DN:CW:fn c: Chris DeCerbo Jeremy Riddle, Project Engineer File Copy Data Entry Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® - ',^ a FILE V CARLSBAD Community & Economic Development www.carlsbadca.gov April 15, 2013 Joe Oftelie City Ventures 1900 Quail Street Newport, Beach CA 92660 SUBJECT: 2nd REVIEW FOR CT 12-07/SDP 12-07 - VALLEY 17 Thank you for applying for Land Use Permits in the City ofCarlsbad. The Planning Division has reviewed your Tentative Tract Map and Site Development Plan, application no. CT 12-07/SDP 12-07, as to its completeness for processing. The items requested from you eariier to make your application complete have been received and reviewed by the Planning Division. It has been determined that the application is now complete for processing. Although the initial processing of your application may have already begun, the technical acceptance date is acknowledged by the date of this communication. Please note that although the application is now considered complete, there may be issues that could be discovered during project review and/or environmental review. Any issues should be resolved prior to scheduling the project for public hearing. In addition, the City may request, in the course of processing the application, that you clarify, amplify, correct, or otherwise supplement the basic information required forthe application. At this time, the City asks that you provide ten (10) complete sets of the development plans so that the project can continue to be reviewed. The City will complete the review of vour resubmittal within 25 davs. In order to expedite the processing of your application, you are strongly encouraged to contact your Staff Planner, Christer Westman, at (760) 602-4614, to discuss or to schedule a meeting to discuss your application and to completely understand this letter. You may also contact each commenting department individually as follows: • Land Development Engineering Division: Tecla Levy, Associate Engineer, at (760) 602-2733. • Fire Department: Gregory Ryan, Fire Inspections, at (760) 602-4661. Sincetely, CHRIS DeCERBO Principal Planner CD:CW:sm c: Don Neu, City Planner Tecla Levy, Project Engineer Chris DeCerbo, Principal Planner File Copy Data Entry Planning Division 1635 Faraday Avenue, Carisbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® GT 12-07/SDP 12-07 - VALlff 17 April 15, 20i3 Page 2 ISSUES OF CONCERN Planning: 1. Please indicate building setbacks on the site plan. 2. The subdivision is small and there is a disproportionate number of Model 3 homes, seven of the seventeen. Please replace one of the Model 3 homes with a Model 4 home on one of either of Lots 15 or 17. Engineering: Site Plan 1. The project is proposing to discharge unmitigated run-off directly Into the existing 36" public storm drain pipe located within the 20-foot public utility easement along the western property boundary. As noted in the last review, the post development discharge (Q) must be mitigated prior to discharge into a public storm drain system, unless it is shown that the public storm drain system and all downstream facilities have adequate capacity to handle the increased Q. Note that staff found significant issues with the hydrology report received on March 22, 2013. It appears that a large portion of off-site drainage basin that currently drains to the existing 36" RCP was not included In the hydrology calculation, resulting in grossly under-estimated Q in the existing 36" pipe (see comments in hydrology report). 2. A proposed 54" perforated flow-by underground pipe retention system is proposed within the existing 20-foot public utility easement, connected to a proposed junction box downstream of the existing 36" pipe. This system Is not acceptable for the following reasons: a) Per the hydrology report, proposed detention system is designed to handle the increase in run- off from the proposed development and is considered private. As previously mentioned in the 1st review comment letter, the city will not allow a combined private and public detention/storm drain system. The city will not take maintenance responsibility of any private facility. b) The existing easement for the existing public utilities (sewer, water and storm drain) is only 20 feet wide. Chapter 1, Section 10 of the Engineering Standards requires a minimum 30-foot wide easement for two or more utilities. Additional pipe Is not acceptable at this location. As previously requested, provide a separate private detention system for this project outside the public utility easement. c) Perforated pipe may cause soil saturation and cause problems to the existing utilities (sewer, water and storm drain) within the easement. Please delete the proposed private 54"perforated pipe detention system shown within the existing 20 foot public utility easement. 3. On the street cross sections shown on sheet 1, screen back all the existing improvements to differentiate from proposed improvements. Please revise to show 40 feet curb to curb improvement width along Valley Street to match the existing. CT 12-07/SDP 12-07 - VALLEY 17 April 15, 2013 Page 3 4. Show proposed street lights along Valley Street and proposed James Drive extension to comply with the Engineering Standards Chapter 3, Section 10. See red-lined comments on the site plan. 5. The site plan shows that some proposed fill slopes along Oak Avenue are not adequately set back to allow future ultimate improvement without the need for retaining walls. (See previous comment). Note that the ultimate improvement for Oak Avenue is 40-foot curb to curb plus 5' sidewalk and 5' parkway. To ensure that no future retaining wall will be needed for ultimate Oak Avenue improvements, this project must show grading for ultimate improvements up to the right-of-way line. The proposed 2:1 slope should begin at the right-of-way line. See red-lined comments on the plans. 6. Meet with the Fire Department to identify the necessary fire protection measures required for this project (access, fire hydrants, sprinkler system, etc.). 7. Comply with all other comments shown on red-lined plans. SWMP Report Note: As mentioned in all previous comment letters (including preliminary review letter), adequate space must be provided to accommodate the required stormwater facilities. Per city SUSMP (page 26), lack of space, in itself, is not a suitable justification for using less-effective treatment on a development site because the site design can be altered to accommodate appropriate and effective BMPs. 8. As previously mentioned, the study to evaluate if Buena Vista Lagoon as a stabilized conveyance is not yet completed. Assuming that the Buena Vista Lagoon study is completed and approved, the preliminary SWMP report must still include a narrative explaining why this project is exempt and appropriately reference the said City study when approved. 9. Please provide a soil update letter that provides design recommendations for the proposed infiltration basins on each lot. The soil engineer must determine if infiltration facilities are appropriate at the proposed locations. The infiltration basins are recommended only for sandy type soil (soil type A or B). The soils report show Sandy Clay and Clayey Sand at 3 feet depth at some locations. Caution: Infiltration basins are not suitable for sites with more than 30% clay content and high ground water. Inadequate testing for clay around the periphery of the proposed infiltration basins may cause the basin to fail. Samples must be taken deep enough because the upper sandy layers may have clay below. 10. Provide cross-section and details of the infiltration basins proposed on each lot. An infiltration facility typically requires sediment pre-treatment by a vegetated strip or forebay to prevent clogging. 11. The sizing calculation provided in the SWMP used an infiltration rate of 0.5 in/hr. for the native soil. The soil engineer must verify the infiltration rate by performing a permeability tests at the proposed infiltration basin locations. A factor of safety of 0.5 multiplied by the lowest field measured permeability is recommended. The soils engineer must also determine the distance from bottom of the infiltration facility to the seasonally high groundwater elevation. The distance must be greater than 10 feet. .^1 CT 12-07/SDP 12-07 - VALLEY 17 April 15, 2013 Page 4 12. The infiltration facilities were sized using 0.63 unit volume. Please clarify where the 0.63 came from. The Infiltration basin is a volume-based facilities and must be sized using the volume of run-off produced from a 24-hour 85* percentile storm event as determined from the County bf San Diego's 85* percentile Precipitation Isopluvial Map (refer to San Diego County Hydrology Manual). As shown on the map, rainfall depth varies from 0.55" to 1.55". Provide an excerpt ofthe map showing the unit volume at the project site. 13. The minimum infiltration basin area calculation Is using an Incorrect IMP sizing factor of 0.04. The sizing factor of 0.04 is the ratio of the design intensity of rainfall on tributary Impervious surfaces (0.2 inches per hour) to the design percolation rate in the facility (5 inches per hour through an engineered soil mix in a bioretention basin), see attached page 29 of City SUSMP. The proposed infiltration basin has no engineered soil proposed. The area should be sized using the formula: A=WQV (water quality volume)/kt (k is Infiltration rate multiplied by a factor of safety and t is the drawdown time, 72 hours). 14. Comply with all other comments shown on the red-lined preliminary SWMP report. Hydrology Report 15. The off-site drainage basin area included in the hydrology analysis is grossly Inaccurate. A large portion of off-site drainage basin was not included in the calculations. Please see comments on the hydrology report. See also attached hydrology map for your reference. Note that the attached hydrology map is for your reference only. You must rely on your own diligent research and field investigations to accurately reflect that actual field situation. 16. The drainage map shows James Drive extension included in the residential lot sub-basin. A Street is typically analyzed as separate sub-basin because it has higher C factor and different flow characteristic (gutter flow). Separating the street from the lots will help determine the increase in post development Q coming from the public street alone and determine appropriate public stormwater facility acceptable to the city. The city will accept maintenance responsibility of an acceptable BMP provided to mitigate for the increase in run-off due to the proposed James Drive extension only. (See comments on the plans and hydrology report). 17. Clarify if the proposed infiltration basins In each lot will mitigate for 100 year storm increase as indicated in some e-mail correspondence. Provide design calculations. The hydrology report did not include detention routing calculations to show that the infiltration basins as shown are adequate to mitigate for increases in the 100 year storm event from each lot. Resubmittal 18. Please submit the following documents in the next review submittal: a) 2 copies ofthe revised preliminary site plan; b) 2 copies each of the revised SWMP, hydrology report; c) 2 copies of the preliminary soils report; and d) 1st review redlined plans and all red-lined reports. City of Carlsbad SHIPPING REQUEST DATE: April 15. 2013 STAFF CONTACT: Christer Westman LOCATION OF ITEM TO BE SHIPPED: Mailroom (Mailroom, IT area, etc.) SHIPPING PREFERENCE: None (Fed Ex, UPS, Eagle Freight, etc) TYPE OF SERVICE: No Preference (Priority Ovemight, Ovemight, 2 day, 3 day, etc) PACKAGING: No Preference (Envelope, Letter Pak, our packaging, etc.) IF OTHER THAN ENVELOPE OR LETTER PAK PLEASE PROVIDE THE FOLLOWING: WEIGHT: DIMENSIONS: H L W SHIP TO: CONTACT NAME: Joe Oftelie COMPANY NAME: Citv Ventures ADDRESS: 1900 Quail Street. Newport Beach. CA 92660 PHONE: PAYMENT INFORMATION: El CED/Planning • VENDOR {Department & Account No.) ACCOUNT #: ADDITIONAL INFORMATION: CT 12-07/SDP 12-07 - VALLEY 17 http://cityweb/uploadedFiIes/Purchasing/ShippingRequestForm.doc Rev. 04/15/2013 I HUITT-ZXIARS HUITT-ZOLLARS, INC. • 90 E Tliousand Oaks Blvd • SulteJOl • Thousand Oaks, CA91360 • 805.416.1802 ptione • 805.418.1619 fax • huilt-zollars.corn March 6,2013 Ctiris DeCerbo Principal Planner City ofCarlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Ref: Response to 1 ^ Review Comments TTM No. CT 12-07/SDP 12-07 HZ Job #19-0110-60 Dear Chris: The following is a summary of the responses to the engineering comments from the first review of the application for the proposed project at the southwest comer of the intersection of Oak Ave and Valley St (TTM No. CT 12-07/SDP 12-07). Comments were summarized in a letter dated January 31, 2013. Comments are identified by the heading and location within the letter with the responses immediately following. List of Items Needed to Complete the Application (Sheet 8 of the PDF): Engineering: 1. Provide Hydrology and hydraulic calculations to show that the downstream drainage facilities have capacity for any increases in JOO year storm event runoff, or that the post development storm water discharges do not exceed the pre-development condition. Identify the location, augment, and discharge point of any proposed drainage system. RESPONSE: Refer to the revised Preliminary Stormwater Management Plan and Preliminary Hydrologic and Hydraulic Report. The proposed system is revised accordingly per the discussion on the conference call with Engineering held February 13, 2013 and subsequent email coordination. Issues of Concem (Sheet 8 ofthe PDF): Engineering: I. Please submit Engineering Standard Chapter 3, section 3.B standard variance request with justifications as previously requested. See item 1 of the city comment letter dated September 18, 2012, also shown below: "The proposed option 6 James Drive extension creates less than 150 feet of street centerline distances between streets entering upon opposite sides of Valley Street. The City of Carlsbad Engineering Standard Chapter 3, section 3.8 requires the centerlines of streets entering upon the opposite sides of any given street to be offset by at least 200feet for residential streets or 150 feet for cul-de-sac streets. During formal project submittal, the engineer must submit a standard variance request (with justifications) in accordance with Engineering Standard Chapter 3, section 18. The City Engineer may grant the standard variance request if determined that the variance request meets Engineering Standard Chapter 3, section 18.0, items 1 to 5.". RESPONSE: Refer to the Variance Request Letter dated March 6, 2013 prepared by Huitt- Zollars. hyitt-zoHars.com • ARIZONA • CAll'fQHHlA • COlORAOO • FlORiD.A • NEW MEXiCO • OKLAHOMA -TEXA-S • WASHINGTON HUITr-Z:)LlAt« HUITT-ZOLIARS. INC. • 90 E Thousand Oaks Blvd • Suits201 • Thousand Oaks, CA 91360 • e05418.1802phone i 805.413.1619 fax • huttt-zolats com 2. On sheet 2 of the site plan, it is indicated that the existing 36" storm drain pipe is to be removed. However, it is not indicated if a replacement pipe is provided. The existing 36" storm drain conveys significant amount of drainage from the existing homes along existing James Drive. It is not clear how the existing James drive drainage is handled. Please clarify and provide hydrology and hydraulic calculations. RESPONSE: The storm drain design has been revised from the initial submittal but the intent was and continues to be to provide capacity for existing off-site and proposed storm drain flows in a storm drain facility in that easement. The existing pipe will either remain or will be replaced in kind. Offsite James Drive flows will be collected in proposed catch basins at sump locations in the proposed street knuckle. The new catch basis will collect James Drive flows from the south as well as from the proposed extension. Refer also to the revised Preliminary Hydrologic and Hydraulic Report submitted with the plans. 3. The site plan shows a proposed 6'x4' box culvert for detention purposes at the same location where the existing 36" RCP (proposed to be removed) is located. Since no hydrology report was submitted, it is not clear how the proposed 6'x4' box culvert works. Is it intended to detain the increase in 100 year storm event discharges for the project? Will it also act as a conveyance system to carry the existing drainage from existing James Drive? The city Storm Drain Maintenance and Operations Division does not allow the use of a 6'x4' box culvert at this location due to potential maintenance issues. In addition, the city does not allow a combined private detention system and public conveyance system. Provide a separate private detention system for this project outside the public utility easement. Please protect in place the existing 36" RCP public storm drain that conveys existing- drainage from James Drive, or replace in kind. RESPONSE: The box culvert concept has been replaced per phone and email conversations with Engineering. Please refer to the latest plans and the revised Preliminary Hydrologic and Hydraulic Report for the latest proposed storm drain conveyance and detention design. 4. As indicated in item 5 of the city comment letter dated September 18, 2012, the existing 20 foot public utility and access easement per document no. 85-491818 is inadequate to cover the existing sewer and storm drain utilities. Since the James Drive extension proposed in this project does not follow the alignment shown in the City approved DWG 257-9, an additional 10 foot utility easement is required to comply with Engineering Standard Chapter 1, section 10. Or submit a standard waiver request with justifications to waive the 30 foot minimum easement width requirement per Engineering Standard Chapter 1, section 10 for city engineer review and approval. RESPONSE: Refer to the Easement Waiver Request Letter dated March 6, 2013 prepared by Huitt-Zollars. J. On Sheet 1, show street cross sections for existing James Drive, Valley Street and Oak Avenue. RESPONSE: Cross sections added that show existing improvements and proposed curb and sidewalk improvements. 6. On sheet 2, revise curb ramps to comply with San Diego Regional Standard Drawing (SDRSD) G-27. RESPONSE: Completed huitt-zoiiars.com • ARIZONA • CALIFORNIA • COLOF^ADO • FLORIDA • NEW MEXICO • OKLAHOMA 'TEXAS • WASHINGTON HIIITT-ZIXIAI^S HUirr-20LLARS, INC. • 90 E Thousand Oaks B^d • Suiie201 • Thousand Oaks, CA 91360 • 605.418.1802 phone • 805.418.1819 fax • hultl-zollar5.coin 7. Show existing contours and existing improvements and utilities along Valley Street and Oak Avenue. RESPONSE: Completed. Items were shown on original submittal but plotted very lightly. Adjustments were made to make these items show darker. 8. All proposed driveways must comply with SDRSD G-14. RESPONSE: Driveways are drawn in compliance with the standard. 9. The site plan shows slope grading along Oak Avenue at the project frontage. Plea.se revise to show no slope grading within the existing public right-of-way. RESPONSE: Grading has been revised along Oak Ave. 10. Ensure that the proposed pads along Oak Avenue have adequate set-backs to allow future ultimate improvements without the need for future retaining walls. Provide a cross-section of existing Oak Avenue showing the proposed adjacent pad grading, the existing right-of-way, existing pavement, existing slope, and proposed slope. See comments on the site plans. RESPONSE: Grading has been revised to join the elevation at the right of way line as if the roadway were constructed to the City's standard street section. See also Section B-B that has been added to sheet 2. 11. Please provide asphalt berm along the edge of the existing asphalt pavement along Oak Avenue to control and direct drainage and avoid erosion problems along the edge of the existing pavement. Provide smooth transitions into the existing drainage system. RESPONSE: Asphalt berm added. Refer to typical section on Sheet 1. 12. On the site plan, identify the pipe size, material and the approved drawing numbers of the existing water and sewer mains along adjacent streets. RESPONSE: Completed 13. This project will be conditioned to provide, to the satisfaction of the city engineer, a recorded document that ensures maintenance of shared private improvements such as stormwater treatment facilities and storm drain .system for the proposed subdivision. RESPONSE: The project is proposed with no shared private improvements. 14. Meet with the Fire Department to identify the necessary fire protection measures requiredfor this project (access, fire hydrants, sprinkler system, etc.). RESPONSE: Coordination with Fire Department was provided by the City subsequent to the receipt of these comments due to the incorporation of the traffic calming measures on James Dr. 15. Comply with all other comments shown on red-lined plans. RESPONSE: Responses to plan redlines are provided on the original redlines that are returned with this submittal. ituiti-s-oliafScoTi • ARSZ0t4.A • CALif"Of?N!A • COLORADO • FLOROA • KEWf/ieXlCO • OKLAHOMA 'TEXAS • WASHWG10N HI IITP70II ARS HUITT-ZOLLARS, INC. • 90 E Thousand Oaks Blvd • SuiteZOI • Thousand Oaks, CA 91360 • 805.418.1802 phone • 605.4181819 lax • huitt-20llafs.o>ni SWMP Report: 16. On page 3 of the preliminary SWMP report, it is stated that the project is exempt from hydromodification requirements. Please include in the SWMP report an HMP applicability Determination flowchart (Figure 2-1 on page 30 of the City of Carlsbad SUSMP, attached). On the flow chart, please highlight the path and nodes that determine the project's exemption potential. See attached sample. Based on the statement provided in the SWMP report, the project is potentially exempt by virtue of Nodes 7 & 8 in Figure 2-1 (project discharges to a hardened conveyance). Note that Figure 2-1 refers' to the expanded HMP exemption criteria for Nodes 7 & 8 on page 32 of the city SUSMP. One of the criteria is to discharge to an exempt water system. Buena Vista Lagoon is not listed as an exempt system. Please provide explanation in the SWMP report how this project meets the expanded exemption criteria. Provide justifications for any assumptions made. RESPONSE: Flowchart is provided for reference. 17. Please provide adequately sized treatment BMP for each proposed lots. The proposed self- treating BMPs for each lot appear inadequate and do not meet the following design criteria as provided in the City of Carlsbad SUSMP (see attached Pages 78 and 79. A design checklist is also provided on page 81): a. The maximum ratio of impervious area draining into the self-retaining area is 2:1. (i.e., for a 7,500 sq. feet house, the self-retaining area required would be 3,750 sq. feet This requirement appears infeasible for the proposed lots. b. Self-retaining areas must be designed to retain and infiltrate the first one inch of rainfall for the entire study area without producing any run-off. The volumes provided for each lot appear inadequate. Volume calculations must show that the l-inch of rainfall for the entire study area can be detained. c. Well-draining soil is required for self-retaining areas to infiltrate the retained volume within 72 hours. The soil type and infiltration rate must be verified by the soil's engineer. In addition, the proposed self-retaining areas are very close to building structures. The soil engineer may not allow storm water pending near building .structures. On page 32 of the soils report, it is stated that area drains must be provided to provide rapid discharge of water away from the structures. RESPONSE: Proposed BMPs have been revised per discussions with the City and are described in the document. 18. Please provide a soils update letter that provides design recommendations for any proposed treatment BMPs for this project. RESPONSE: A soils update letter will be provided following this submittal if the proposed BMPs are acceptable to the City. 19. A Filterra system is not acceptable within the public right-of-way. Provide an alternative treatment BMP for the proposed James Drive extension. RESPONSE: System replaced with City's preferred BioClean system. 20. Comply with all other comments shown on the red-lined preliminary SWMP report RESPONSE: Responses to plan redlines are provided on the original redlines that are retumed with this submittal. f!urt|.zc(!urs.com • ARIZONA • CALIFORNIA • COLORADO • FLORiOA • .\'eW MEXiCO • OKLAHOMA 'TEXAS ' W.ASHiNGTO?M HUliraDLIARS HUITT-ZOLLARS. INC. i 90 E Thousand Oaks Blvd • SuileZOI • Thousand Oaks, CA 91360 i 605.418.1802 phone • 805.416.1619 fax • hultt-zollars.com Sincerely, Huitt-ZoUars, Inc. Peter M. Bernard, P.E. Associate cc: Joe Oftelie, City Ventures huitt-zo!!ars.com • ARIZONA • CALIFORNLA • COLORADO • FLORiDA ' NEW MEXICO ' OKLAHOiA 'TEXAS • WASHINGTON 13 CITYOF V CARLSBAD Planning Division www.carlsbadca.gov January 31, 2013 City Ventures Attn: Joe Oftelie 1900 Quail Newport Beach, CA 92660 SUBJECT: 1st REVIEW FOR a 12-07/SDP 12-07 - VALLEY 17 Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Division has reviewed your Tentative Tract Map and Site Development Plan, application no. CT 12-07/SDP 12-07, as to its completeness for processing. The application is incomplete, as submitted. Attached are two lists. The first list is information which must be submitted to complete your application. The second list is project issues of concern to staff. In order to expedite the processing of your application, the "incomplete" items and your response to the project issues of concern to Staff must be submitted directly to your staff planner; therefore, please contact your staff planner directly to schedule a re-submittal appointment. As part of your re-submittal package, please prepare and include with your re-submittal: (1) a copy of these lists, (2) a detailed letter summarizing how all identified incomplete items and/or project issues have been addressed; and (3) five (5) sets of revised plans. No processing of your application can occur until the application is determined to be complete. When all required materials are submitted, the City has 30 days to make a determination of completeness. If the application is determined to be complete, processing for a decision on the application will be initiated. In addition, please note that you have six months from the date the application was initially filed, January 4, 2013, to either resubmit the application or submit the required information. Failure to resubmit the application or to submit the materials necessary to determine your application complete shall be deemed to constitute withdrawal of the application. If an application is withdrawn or deemed withdrawn, a new application must be submitted. In order to expedite the processing of your application, you are strongly encouraged to contact your Staff Planner, Christer Westman, at (760) 602-4614, to discuss or to schedule a meeting to discuss your application and to completely understand this letter. You may also contact each commenting department individually as follows: • Land Development Engineering Division: Tecla Levy, Associate Engineer, at (760) 602-2733. • Fire Department: Gregory Ryan, Fire Inspections, at (760) 602-4661. Sincerely, CHRIS DeCERBO Principal Planner CD:CW:sm Don Neu, City Planner Tecla Levy, Project Engineer Chris DeCerbo, Principal Planner File Copy Data Entrv 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® CT 12-07/SDP 12-07 - VALLEY 17 January 31, 2013 Page 2 LIST OF ITEMS NEEDED TO COMPLETE THE APPLICATION Planning: 1. Please provide a detailed fencing plan. 2. Please provide setback dimensions on the site plan. 3. Please provide building height for each of the four house plans. Engineering: 1. Provide hydrology and hydraulic calculations to show that downstream drainage facilities have capacity for any increases in 100 year storm event runoff, or that the post development storm water discharges do not exceed the pre-development condition. Identify the location, alignment, and discharge point of any proposed drainage system. ISSUES OF CONCERN Planning: 1. The subdivision is small and there is a disproportionate number of Model 3 homes, seven of the seventeen. Please replace one of the Model 3 homes with a Model 4 home on one of either of Lots 15 or 17. 2. In an effort to replicate the same design elements at the rear of the homes as those found in the front, please add a stone treatment to the central tower element on the rear elevation of Plan 3B - French Country. Engineering: 1. Please submit Engineering Standard Chapter 3, section 3.B standard variance request with justifications as previously requested. See item 1 of the city comment letter dated September 18, 2012, also shown below: "The proposed option 6 James Drive extension creates less than 150 feet of street centerline distances between streets entering upon opposite sides of Valley Street. The City of Carlsbad Engineering Standard Chapter 3, section 3.B requires the centerlines of streets entering upon the opposite sides of any given street to be offset by at least 200 feet for residential streets or 150 feet for cul-de-sac streets. During formal project submittal, the engineer must submit a standard variance request (with Justifications) in accordance with Engineering Standard Chapter 3, section 18. The City Engineer may grant the standard variance request if determined that the variance request meets Engineering Standard Chapter 3, section 18.D, Items 1 to 5." . 2. On sheet 2 of the site plan, it is indicated that the existing 36" storm drain pipe is to be removed. However, it is not indicated if a replacement pipe is provided. The existing 36" storm drain conveys significant amount of drainage from the existing homes along existing James Drive. It is not clear how the existing James drive drainage is handled. Please clarify and provide hydrology and hydraulic calculations. CT 12-07/SDP 12-07 - VALLEY 17 January 31, 2013 Page 3 3. The site plan shows a proposed 6'x4' box culvert for detention purposes at the same location where the existing 36" RCP (proposed to be removed) is located. Since no hydrology report was submitted, it is not clear how the proposed 6'x4' box culvert works. Is it intended to detain the increase in 100 year storm event discharges for the project? Will it also act as a conveyance system to carry the existing drainage from existing James Drive? The city Storm Drain Maintenance and Operations Division does not allow the use of a 6'x4' box culvert at this location due to potential maintenance issues. In addition, the city does not allow a combined private detention system and public conveyance system. Provide a separate private detention system for this project outside the public utility easement. Please protect in place the existing 36" RCP public storm drain that conveys existing drainage from James Drive, or replace in kind. 4. As indicated in item 5 of the city comment letter dated September 18, 2012, the existing 20 foot public utility and access easement per document no. 85-491818 is inadequate to cover the existing sewer and storm drain utilities. Since the James Drive extension proposed in this project does not follow the alignment shown in the City approved DWG 257-9, an additional 10 foot utility easement is required to comply with Engineering Standard Chapter 1, section 10. Or submit a standard waiver request with justifications to waive the 30 foot minimum easement width requirement per Engineering Standard Chapter 1, section 10 for city engineer review and approval. 5. On Sheet 1, show street cross sections for existing James Drive, Valley Street and Oak Avenue. 6. On sheet 2, revise curb ramps to comply with San Diego Regional Standard Drawing (SDRSD) G-27. 7. Show existing contours and existing improvements and utilities along Valley Street and Oak Avenue. 8. All proposed driveways must comply with SDRSD G-14. 9. The site plan shows slope grading along Oak Avenue at the project frontage. Please revise to show no slope grading within the existing public right-of-way. 10. Ensure that the proposed pads along Oak Avenue have adequate set-backs to allow future ultimate improvements without the need for future retaining walls. Provide a cross-section of existing Oak Avenue showing the proposed adjacent pad grading, the existing right-of-way, existing pavement, existing slope, and proposed slope. See comments on the site plans. 11. Please provide asphalt berm along the edge of the existing asphalt pavement along Oak Avenue to control and direct drainage and avoid erosion problems along the edge of the existing pavement. Provide smooth transitions into the existing drainage system. 12. On the site plan, identify the pipe size, material and the approved drawing numbers ofthe existing water and sewer mains along adjacent streets. 13. This project will be conditioned to provide, to the satisfaction of the city engineer, a recorded document that ensures maintenance of shared private improvements such as stormwater treatment facilities and storm drain system for the proposed subdivision. 14. Meet with the Fire Department to identify the necessary fire protection measures required for this project (access, fire hydrants, sprinkler system, etc.). CT 12-07/SDP 12-07 - VALLEY 17 January 31, 2013 Page 4 15. Comply with all other comments shown on red-lined plans. SWMP Report: 16. On page 3 of the preliminary SWMP report, It is stated that the project Is exempt from hydromodification requirements. Please include in the SWMP report an HMP applicability Determination flowchart (Figure 2-1 on page 30 of the City of Carlsbad SUSMP, attached). On the flow chart, please highlight the path and nodes that determine the project's exemption potential. See attached sample. Based on the statement provided in the SWMP report, the project is potentially exempt by virtue of Nodes 7 & 8 in Figure 2-1 (project discharges to a hardened conveyance). Note that Figure 2-1 refers to the expanded HMP exemption criteria for Nodes 7 & 8 on page 32 ofthe city SUSMP. One ofthe criteria is to discharge to an exempt water system. Buena Vista Lagoon is not listed as an exempt system. Please provide explanation In the SWMP report how this project meets the expanded exemption criteria. Provide Justifications for any assumptions made. 17. Please provide adequately sized treatment BMP for each proposed lots. The proposed self-treating BMPs for each lot appear inadequate and do not meet the following design criteria as provided In the City of Carlsbad SUSMP (see attached Pages 78 and 79. A design checklist is also provided on page 81): a) The maximum ratio of impervious area draining into the self-retaining area Is 2:1. (i.e., for a 7,500 sq. feet house, the self-retaining area required would be 3,750 sq. feet. This requirement appears Infeasible for the proposed lots. b) Self-retaining areas must be designed to retain and infiltrate the first one Inch of rainfall for the entire study area without producing any run-off. The volumes provided for each lot appear Inadequate. Volume calculations must show that the 1-inch of rainfall for the entire study area can be detained. c) Well-draining soil is required for self-retaining areas to infiltrate the retained volume within 72 hours. The soil type and infiltration rate must be verified by the soil's engineer. In addition, the proposed self-retaining areas are very close to building structures. The soil engineer may not allow storm water ponding near building structures. On page 32 of the soils report. It is stated that area drains must be provided to provide rapid discharge of water away from the structures. 18. Please provide a soils update letter that provides design recommendations for any proposed treatment BMPs for this project. 19. A Filterra system is not acceptable within the public right-of-way. Provide an alternative treatment BMP for the proposed James Drive extension. 20. Comply with all other comments shown on the red-lined preliminary SWMP report. Resubmittal: 21. Please submit the following documents in the next review submittal: a) 2 copies each of the revised SWMP, hydrology report; CT 12-07/SDP 12-07 - VALLEY 17 January 31, 2013 Page 5 b) 2 copies ofthe preliminary soils report; and c) 1st review redlined plans and all red-lined reports. Police Department: 1. Please review the recommendations provided by the Carlsbad Police Department as found in the attachment dated January 25, 2013 prepared by Jodee Sasway. Landscaping: 1. Please review the comments regarding the conceptual landscape plan as found in the attachment dated January 10, 2013 prepared by Michael Elliott. Fire: 1. The proposed homes are required to include automatic fire sprinkler systems. Please provide a note to this effect on all plans submitted for review. 2. Installation of 1 Inch or greater water service and water meter is required. Glen Van Peski From: Melissa Genewich <mellssagenewlch@yahoo.com> Sent: Wednesday, September 05, 2012 9:56 PM To: Bryan Jones Cc: Don Neu; Glen Van Peski; Skip Hammann Subject: Re: Concerns re: new development at Valley & Oak... Hello Bryan, I appreciate your response, however I am extremely disappointed. It seems to me that in this case the "connectedness" aspect of the "Envision Carlsbad" goal means compromising our family-friendly, SAFE community. You mention "walkability and bikeability", but not "driveability" as a part of that vision. I LOVE how walkable and bikeable our neighborhood is and would love to see that vision continued, however I'm confused as to how "driveable" is a requirement of that vision as well? Why not have a pass through (for bikes and pedestrians) that connects the two cul-de-sacs or a fire gate that only blocks through traffic? It seems to me that those options would be fulfilling the Envsion Carlsbad goal much better than allowing through traffic, which will negatively impact the lives of our 20+ children and all the families living on our street. You mention in your response " a lot of great examples of traffic calming that are affective throughout the city"... please share those examples with us. I'm also extremely disappointed by your response " The intent from the City was and is for this roadway to go through and connect in this residential area. I" because you seem to imply that this is a forgone conclusion regardless of what the residents, neighborhood and community want. Why does the City insist on the street going through? And why would the City not try to find a better alternative that would still fit into the Envision Carlsbad goal? Thanks again for your time! Melissa Genewich Concerned resident/parent From: Bryan Jones <Bryan.Jones@carlsbadca.gov> To: Melissa Genewich <melissagenewich@yahoo.com> Cc: Don Neu <Don.Neu@carlsbadca.gov>; Glen Van Peski <Glen.VanPeski@carlsbadca.gov>; Skip Hammann <Skip.Hammann@carlsbadca.gov> Sent: Friday, August 31, 2012 5:08 PM Subject: RE: Concerns re: new development at Valley & Oak... Dear Melissa Genewich, Thank you for contacting the City of Carlsbad regarding James Drive and the new subdivision adjacent to your neighborhood. You are not the first person from your neighborhood to contact me with a concem for speeding and increased traffic volumes if or when James Drive is constmcted. I have not been part of the conversations between the developer and homeowners to date so I am not sure what information is being provided to you. I first want to say that our goal is not to create a child safety hazard. The intent firom the City was and is for this roadway to go through and connect in this residential area. This is consistent with the Envision Carlsbad goal of "connectedness, walkability, and bikeability". We understand that there is a concem for speed and increased traffic. And we are very sympathetic to those concems and will do our best to work with you and your neighbors to identify possible traffic calming measures that can be conditioned on this roadway and project to reduce the appeal of cut-through and significantly reduce the ability to speed. We have not gotten to that stage of the design of the roadway with the developer yet. There are a lot of great examples of traffic calming that are affective throughout the city. As this project is submitted to the City of Carlsbad by the developer we will take the time to evaluate the potential impacts and explore ways to mitigate those impacts. Please let me know if I can be of any further assistance. Trarisportation D^rtment Bryan D. Jones, TE, FTP, AICP Deputy Director Transportation Department City ofCarlsbad 1635 Faraday Avenue Carlsbad, CA 92008 www.carlsbadca.gov P: 760-602-2431 F: 760-602-8562 E: bryan.iones@,carlsbadca.gov From: Melissa Genewich [mailto:melissagenewich@yahoo.com] Sent: Thursday, August 30, 2012 12:41 PM To: Bryan Jones Cc: matthallforcityhall@gmail.com; Planning Subject: Concerns re: new development at Valley & Oak... Hello Bryan, I am a very concemed resident (and parent) living on James Dr. just north off of Basswood. I would like to express my concems regarding the street options related to a new housing development planned by City Venttires, LLC for the comer of Valley and Oak. As I understand it, the developer would prefer to make the existing dead end on James Dr. into a tme cul-de-sac as well as the street that would access the homes off of Oak Ave. This would be beneficial for both our street AND the new development. City Ventures has expressed that the city wants the street to go through and connect with Oak? This causes me and ALL of our neighbors on James Dr. great concem for the safety of our many children and families that live on our street. We currently have over 20 school age kids living on our street and it is a wonderfiil, family-oriented environment! Our children enjoy riding bikes, scooters, skateboards and playing baseball, football, hockey, nerf wars and other games in the street at all hours of the day. My primary concem is for the safety of our children if James Dr. becomes a through street! Given our proximity to the high school, we frequently get high school students racing down our street (not realizing that it is a dead end.) If James Dr. connects through to Oak, the high school students will use our street as a thorough fare. They already go speeding down Basswood at crazy speeds, I can only imagine what would happen! Other drivers would surely use our street as a short cut as well, greatly increasing the amount of traffic on our street and endangering our children. 31 August 2012 City ofCarlsbad Don Neu - Planning Dept. Glen Van Peski - Engineering Dept 1635 Faraday Avenue Carlsbad, CA 92008 RE: James Drive Extension Dear Sir, As a homeowner on James Drive, and on behalf of my neighbors and signers of fhe enclosed petition, we request that James Drive north of Basswood Avenue remain a cul- de-sac. This extension has been rejected by property owners for many years. Nothing has changed. Children are always playing in the street, traffic is primarily for people wiio live on James Drive and we feel secure in knowing all who come and go. In the past, w^en CHS is in session, students who drive are parking all along James Drive north of Basswood Ave. If our street is "opened up" as a thoroughfare, we are extremely concemed about the amoxmt of traffic and speed at which these high schoolers would travel on our street. As residents and property owners, who will be negatively impacted daily, we reject the current extension attempt. Enclosed please find a copy of the petition signed by neighbors and a site plan showing two (2) cul-de-sacs with an emergency access road connecting the two. This compromise is satisfactory to the residents and the developers. Furthermore, this type of access has been used successfully for years throughout the city. Without through traffic, and including the access proposed, neighborhood secvirity is maintained, a walking trail or bike route is maintained, and an emergency access is provided. I ask that City staff and the Plaiming Commissioners accept the reconunendation of these citizens who will be directly affected by the change proposed. 3200 James Drive Carlsbad, CA 92008 For: James Drive neighbors TfflS A PETITION FOR REQUESTING THE CITY OF CARLSBAD TO NOT REQUIRE JAMES DRIVE BECOME A THROUGH STREET We the residents of the 3200 block of James Drive between Oak Avenue and Basswood Avenue oppose the City's position on making James Drive a through street (per the February 8, 2012 City's review letter, Question 3). We request that James Drive remain a cul-de-sac. Please see attached sheet for recommendation. Name Address C^mii /to ^^<"vr\ ^^v^ l(^^ srT'-Xf^^s cr . •.<,^,^,,^ Carper d^S Kn.ms£ J^^^S'^-^^ P> I 'Sp/y ,^:Jr^J^ .a.7<-*—' J^^Urini^ ih4^ OAK 4^£^ Siffliature Kris AAtAis^stu^ muK fudNt^ /(^cfO 6€L^^ , MELISSA 6»e*^^wvct| f2«'5 JAM£:S 3Z^5 Jcurvi-ec 'Dv. TH^IS A PETITION FOR REQUESTING THE CITY OF CARLSBAD TO NOT REQUIRE JAMES DRIVE BECOME A THROUGH STREET We the residents of the 3200 block of James Drive between Oak Avenue and Basswood Avenue oppose the City's position on making James Drive a through street (per the February 8, 2012 City's review letter. Question 3). We request that James Drive remain a cul-de-sac. Please see attached sheet for recommendation. Address, . ^ 2^1^ Ta.m€6> OA, Planning Division www.carlsbadca.gov February 21, 2012 City Ventures Tony Pauker i 2850 Redhlll Avenue, #200 L~ ^ ^ ' / Santa Ana, CA 92750 SUBJECT: PRE 12-02-VALLEY AND OAK APN: 156-212-04/05 Thank you for submitting a preliminary review for an 18 lot subdivision from two (2) lots on the corner of Valley Street and Oak Avenue. The project site, an approximately 3.76 acre lot, currently is vacant and undeveloped but previously graded. In response to your application, the Planning Division has prepared this comment letter. Please note that the purpose of a preliminary review is to provide you with direction and comments on the overall concept of your project. This preliminarv review does not represent an in-depth analvsis of vour proiect. It Is intended to give vou feedback on critical issues based upon the Information provided in vour submittal. This review is based upon the plans, policies, and standards in effect as of the date of this review. Please be aware that at the time of a formal application submittal, new plans, policies, and standards mav be in effect and additional issues of concern mav be raised through a more specific and detailed review. Planning; General 1. General Pian and zoning designations for the properties are as follows: a. General Plan: Residential Low-Medium Density (RLM), 0-4 dwelling units per acre (du/ac) with a Growth Management Control point (GMCP) of 3.2 du/ac; b. Zoning: Single-Family Residential (R-1-7,500) Zone. 2. The project requires the following permits: a. Tentative Tract Map (CT) - A Tract Map is required to subdivide the two lots Into 18 single- family residential lots. The Planning Commission is the final decision maker since the subdivision is 50 lots or less. 3. The proposed project is subject to the One-Family Residential Zone (R-l) development standards as described within Chapter 21.10 of the Carlsbad Municipal Code (C.M.C). Pursuant to C.M.C. Section 21.10.090(B), the minimum required area of a lot in the R-l zone, when the zone implements the RLM land use designation shall not be less than 7,500 square feet. Lot 6 does not meet this requirement. 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® PRE 12-02 - VALLEY AND OAK February 21 2012 Page 2 4. The General Plan Land Use designation for this site is RLM, which has a density range of 0-4 dwelling units/acre and a Growth Management Control Point (GMCP) of 3.2 dwelling units/acre. The project site, at 3.76 gross acres yields a minimum 12 dwelling units at the GMCP and 15 dwelling units at the top of the range at 4 dwelling units per acre. The project is proposing 18 lots would exceed the 4 units per acre of the underlying General Plan designation at 4.78 dwelling units per acre. However, there is an exception within the Land Use Element ofthe Carlsbad General Plan (page 16) which specifies that when the base zone (R-1-7,500) Is consistent with the land use designation (RLM) then a slightly higher yield to accommodate single-family residences Is permitted. In these exceptional cases, the City may find that the project is consistent with the Land Use Element if it satisfies the specific findings below: • The project is compatible with the objectives, policies, general land uses and programs expressed In the Land Use Element; • All of the necessary Infrastructure is in place to support the project; • The proposed density does not exceed the maximum density allowed at the top of the range by more than 25% (5 dwelling units per acre in this case). Findings for the project to develop at 4.78 dwelling units per acre can be made for this project. 5. The City's Inclusionary Housing regulations require that a minimum of 15% of all approved units in any residential project be made affordable to lower income households. The Inclusionary housing requirement for the subdivision of the Valley Street and Oak Avenue property into 18 lots Is three (3) units if provided on-site and three (3) units if provided off-site. The Inclusionary Housing Ordinance states that whenever reasonably feasible, new inclusionary units should be built on the residential development site. However, the Ordinance allows the City Council to approve an alternative to construction of new units when it can be demonstrated by the developer that the alternative supports specific housing policies and goals, and that these goals would be better served by allowing some or all of the inclusionary units associated with one project to be produced and operated at an alternative site(s). Approval of an alternative to construction of new units shall be based on fmdings that new construction would be infeasible or present unreasonable hardship in light of such factors as project size, site constraints, market competition, price and product type disparity, developer capability, and financial subsidies available. Per the Ordinance, alternatives may include, but are not limited to, acquisition and rehabilitation of affordable units, conversion of existing market- rate units to affordable units, construction of special needs housing projects or programs (shelters, transitional housing, etc.), and the construction of second dwelling units. 6. This preliminary review does not constitute a complete review of the proposed project and additional items of concern may be identified upon formal project application submittal. Please be advised that in order to make a more in-depth review of the proposed development, a more complete design of the project Is required. All necessary application forms, submittal requirements, and fee information are available at the Planning counter located In the Faraday Building at 1635 Faraday Avenue or on line at www.carlsbadca.gov. You may also access the General Plan Land Use Element and the Zoning PRE 12-02 - VALLEY AND OAK February 21 2012 Page 3 Ordinance online at the website address shown; select Department Listing; select Planning Home Page. Please review all information carefully before submitting. Land Development Engineering: Engineering Department staff has completed the review of the above referenced project. This preliminary review does not constitute a complete review of the proposed project. Staff has identified several items of concern. Additional items of concern may be identified upon formal project application submittal. Prior to formal project submittal, it is suggested that the following items are adequately addressed: Responses to Engineering questions: 1. Applicant Question: "As shown on the site plan and shown on the attached title report and easement information, there is an easement for James Drive on Lots 5 and 6. We have assumed that because James Drive will not be extended to the west or south, this easement can be vacated. Please confirm and what is the process for such a vacation." Citv response: City staff does not support vacation ofthe easterly portion of James Drive as requested. This portion of James Drive provides access for future development of APN 156-21-11. Pursuant to CMC section 20.16.010(12), considerations shall be given to assuring proper development of abutting properties in the development of the street plan. James Drive had been Identified by the city as a through street for better traffic circulation. Future James Drive centerline alignment is shown In the city approved drawing DWG 257-9. The applicant may propose an alternative James Drive alignment as a through street for city review and approval. 2. Applicant Question: "We have assumed that the easement for drainage on the west side of the property will be re-located to our road. Please confirm if this is acceptable." Citv response: City staff will not process a vacation of the existing easement 20-foot wide public utility and drainage easement until a replacement easement has been dedicated to the city and all existing utilities within the easement have been relocated, functioning and accepted by the city. The existing utilities, 8"ACP water main, 10" VCP sewer main and 36" RCP storm drain pipe are shown in the city approved drawing DWG 257-9. More detailed information is necessary to determine the feasibility of relocating the utilities to a different alignment. 3. Applicant Question: "On the dimensioned site plan is cul-de-sac acceptable?" •III STumciii tr nms o> Jiais iiiri IT stcniisTiiiy HOPEITI LISI fi^ldencf Ihm (Rmre«il FIOM STt[IIKI!l[ riOH lUB IIIII VALLEY AND OAK CABLSBAD, UUroRdU cm VBilTOS