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HomeMy WebLinkAboutCT 83-04; Windsong Shores; Tentative Map (CT)POST CONSULTANTS 5150 Avenida Encinas Carlsbad, CA 92008 (619) 431-9924 October 16,1989 City of Carlsbad Planning Department 2075 Las Palmas Avenue Carlsbad, CA 92009 Attention: Christer Westman Subject: Windsong Shores (CT 83-4) Onsite Grading Permit Time Extension Dear Mr. Westman: Enclosed is a copy of the approved Amendment to the Coastal Development Permit for the subject grading time extension. Please call me with any further requirements you may have. Thank you for your cooperation in this matter. Very truly yours, POST CONSULTANTS Kim L. Post cc: Dan Clark, Engineering Department w/enclosure Leonard Bedolla, MDC Dale Mitchell, CMB Paula Madson, Lightfoot Planning Group RECEIVED OCT161989 CITY OF CARLSBAD DEVELOP. PROC. SERV. DIV. KPLTR89003 STATE OF CALIFORNIA—THE RESOURCES AGENCY GEORGE DEUKMEJIAN, Governor CALIFORNIA COASTAL COMMISSION SAN DIEGO COAST DISTRICT 1333 CAMINO DEI RIO SOUTH, SUITE 125 SAN DIEGO, CA 92)08-3520 (619) 297-9740 AMENDMENT TO COASTAL DEVELOPMENT PERMIT NO. 6-83-613-A3 Page 1 of 3 On October 12. 1989 the California Coastal Commission granted to Marlborough Development this permit for the development described below, subject to the attached Standard and Special Conditions. Original Description: Proposed Amendment: Site: Demolition of two single family residences and construction of 140 condominium units with underground parking and common recreational areas-on a ten acre bluff-top parcel overlooking Agua Hedionda Lagoon. Lot Area Building coverage Pavement Coverage Landscape Coverage Wetland Area Parking Spaces Zoning Plan Designation 10.15 acres 1.75 acres (18%) 0.13 acres ( 1%) 6.75 acres (66%) 1.52 acres (15%) 348 PC Residential Medium High Density Allow extension of the grading season from October 1 to November 15, 1989 to allow for site preparation, trenching for the installation of major utilities, construction of subterranean parking and installation of temporary and permanent erosion control facilities. Located at the southerly terminus of Harbor Drive, between, the AT & SF Railway right-of-way and Interstate Highway 5, in the City of Carlsbad, San Diego County. APN 206-222-22. Issued on behalf of the California Coastal Commission by PETER DOUGLAS Executive Director and MVELOPMENT PERMIT NO. 6-83-613-A3AMENDMENT TO COASTAL Page 2 of 3 IMPORTANT: THIS PERMIT IS NOT VALID UNLESS AND UNTIL A COPY OF THE PERMIT WITH THE SIGNED ACKNOWLEDGEMENT HAS BEEN RETURNED TO THE COMMISSION OFFICE. ACKNOWLEDGEMENT The undersigned permittee acknowledges receipt of this permit and agrees to abide by all terms and conditions thereof. Date Signature of Permittee STANDARD CONDITIONS: ' 1. Notice of Receipt and Acknowledgement. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced, the permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Compliance. All development must occur in strict compliance with the proposal as set forth below. Any deviation from the approved plans must be reviewed and approved by the staff and may require Commission approval. 4. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. 5- Inspections. The Commission staff shall be allowed to inspect the site and the development during construction, subject to 24-hour advance notice. 6. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 7. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. L^VAMENDMENT TO COASTAL DEVELOPMENT PERMIT NO. 6-83-613- Page 3 of 3 SPECIAL CONDITIONS: The permit is subject to the following conditions: 1. Grading and Erosion Control. The applicant shall comply with the following conditions related to grading and erosion control: A. Prior to the issuance of the coastal development permit amendment, the applicant shall submit final grading and erosion control plans, approved by the City of Carlsbad, to the Executive Director for review and written approval. Said plans shall indicate that all grading activities shall be completed by November 15, 1989. t B. Prior to commencement of any grading activity, the permittee shall submit a final, detailed grading schedule which indicates that all grading and construction/installation of erosion control measures will be completed within the permitted time frame designated in this condition and that any variation from the schedule shall be promptly reported to the Executive Director. City of Carlsbad •& MB^^^Hf—VfMBBm^H^V^IHBB^HP^^^^^MPlannina Deoartment PLANNING COMMISSION NOTICE OF DECISION September 19, 1989 Dale Mitchell Crosby Mead Benton & Associates 5966 La Place Court, Suite 170 Carlsbad, CA 92008 SUBJECT: Dl 89-4 WINDSONG SHORES At the Planning Commission meeting of September 6, 1989, your application was considered. The Commission voted 7-0 to approve your request. Some decisions are final at Planning Commission, and others automatically go forward to City Council. If you have any questions regarding the final dispositions of your application, please call the Planning Department at 438- 1161. L, MICHAEL J. HOLZMILLER Planning Director MJH:af Enclosure: Planning Commission Resolution No. 2910 2O75 Las Palmas Drive Carlsbad, California 92OO9-4859 - (619) 438-1161 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 Office of the City Clerk DATE: (Ettg of Otadabafo TELEPHONE (619) 434-2808 IP TO: FROM: RE: L.6.6. PI THE ABOVE ITEM HAS BEEN APPEALED TO THE CITY COUNCIL. According to the Municipal Code, appeals must be heard by the City Council within 30 days of the date that the appeal was filed. (REMINDER: The item will not be noticed in the newspaper until the agenda bill is signed off by all parties.) Please process this item in accordance with the procedures contained in the Agenda Bill Preparation Manual. If you have any questions, please call. The appeal of the above matter should be scheduled for the City Council Meeting of ^e^f" ,X^ /<? Signature O: Mayor Lewis & Mayor Pro-tern Ann Kulchln City Council Members Marnaux, Larson and Petti ne Director of Community Development Orenyak City Manager Ratchet! Director of Planning ^ City Planning CommissionesSchlehber, Schramm, Erwin, Hall, ncFadcen. Holmes, and riarcus City Planner Westrnan CHy Engineer Evens Posies Chief ^ales Firs Chief Thompson , FsCM oaroara R. Falgoust 'lichael R. Papenthien^Sf 40 ISA Leyeng Layang Circle, Windscng Cove °. 0. Oox 1660 Carlsbad, CA 92000 434-2632 RE: Proposed Permit No. 63-4; Construction of Condominium Project by fieri borough Construction on North Shore of Ague Hedonia Lagoon This project should not be built at all because it would be excessively destructive to human environmental factors including quality of living, nee-Uh, a?id safety. The destruction would include overburdened population Density, noise pollution., carcinogenic pollutants, and various safety hazards. These problems are inevitable in the event of further construction due to :wo prohibitive design features of the Windsong Cove project. ~he *"ir?t design feature is the nature of the existing permanent accas? routes. These routes are not adequate enough to accommodate existing traffic safely. The accesses ere not even designed as thoroughfares. They 5re bt't narrow, winding driveways, it is already hazardous to back out of or approach a parking space as cars whip around" blind corners, sometimes on the wrong side of the access. Collisions are narrowly avoided. Even worse potential hazards are the very real prospects of hitting a child who is riding a Dike or nitting a pedestrian who is crossing a drive or walking along it to 'he ms'1 boxes which are along the drives. There is indeed a 15 mph speed limit, but the res/nt/ that must acknowledged as the basis for sound decision-making is that drivers ignore this limit unsafely despite speed bumps, narrow routes, anc blind comers. Cars literally "squee;" around cor-sre. We 3re certain that you can vsrify such complaints If you research police records. These hazards would remain even if the speed limit were heeded. Furthermore, the permanent access routes are not designed to meet ecrsss neecs in the event of mass exodus. There would be no way ail residents could exit safely in the event of a sweeping fire, for example. These accesses do not safely meet the needs of individual fire, police or Health emergencies either. You csnnot safely add the traffic of 130 additional units (most of which will probably have more than one vehicle) to permanent access routes that are already unsafe for 213 units (161 existing Windsong Cove and 52 neighboring Papagayo on Kalpati Street}! These small routes would bear the everyday traffic of 343 units, 227 on the east "Papagayo" side and 116 on the west "Palms" side. The second prohibitive design feature is that second floor living areas literally overhang the permanent access routes. These areas are master iadrGoms. Living rooms or; the ground level are also within feet of the :"outes. We cannot understand why you would even entertain this proposal which will allow carcinogenic and chemical exhaust pollutants to be projected directly into our dwellings, especially of the concentration that would be emitted from such a volume of cars within such a small area. It would be unconscionable and irresponsible to allow this to happen. Noise pollution is another issue. Noise pollution is compounded on all streets by speed bumps necessary for safety. Moreover brick surfacing in the middle of ihs accesses on Layang Layang Circle further exacerbate noise pollution in Ihese sreas. Further noise pollution is emitted from a drain grating in the st^ee? within feet of rny bedroom and living room. These carcinogenic, ch?r~«c9K an^ noise po^utents ere intolerable. These pollutants sap a aualitu of living that is basic to human health and well-being. We plan to const,;! whatever state agency has jurisdiction over these concerns if necessary. Compounding the problems of unsafe and inadequate traffic flow and pollutants is the reasonable projection that two of the four permanent access routes would bear the additional traffic of Merlborough units. These two streets are Canano and the western segment of Layang Layang. (They are cited as route numbers 5 and t on a possible construction routes study map for CT No 63-4, see attached.) Canario (route 5} currently bears the traffic of 37 units. It would bear the traffic of 61. The western segment of Layang (routs 1) currently bears the traffic of up to 96 units (66 Windscng Cove plus most of the traffic of the 30 units in the neighboring Papagayo cGiT;p'sx on Ka'pati Street}. The layout of the complex encourages traffic to follow liris western segment rather than shore the traffic load with the 3 eastern side of the circle. This would mean that the western segment would bear the traffic of 102 units! You cannot let this happen! We VEHEMENTLY TO THE TRAFFIC OF 142 WITH ONE OR VEHICLES A FEW FEET OF MY AMD LIVING ROOM. it is unfortunate that the planning commission, city council and mayor ever gave any approval to the plans Marl borough construction proposes to build. ~his approval wes a mistake due to the design of inadequate permanent access routes and living areas which are directly exposed to pollutants. We urge not cover up &y city by ersotfier. It would be a grave mistake to impose inevitable adverse conditions upon the people you represent. Marl borough Construction is but one oropertu owner in this city, it is not even a voter or resident, it will ;iot have to endure the suffering it proposes to impose. Two years ago when voters of this city had two options to choose from in regard to growth mansgemsnt, ths city council pledged that it would protect its citizens jnder Irs proposa; it endorsed. This propose] passed. You now hsva a responsibility to ensure health and safety to the Carlsbad voters and cilizens who inhabit the 161 units of Windsong Cove- regardless of ill- founded past decisions and promises, big business, or regulatory and legal technicalities. Because, the two design features are irreparable, adverse consequences are unavoidable in the event of further construction. Therefore., further construction should not be allowed. If the sieve cited project is to be built, it must be redesigned to accommodate permanent ingress and egress via Harbor Drive for several heaUh and sefety reasons. Not to do this would be to make yet a third mistake. We are informed that the city government insists upon living up to 3 prior promise made to 18 homeowners on Harbor Drive that, their street would be left sacrosanct despite any future construction. This promise was i'!i-forinded considering the grave environmental consequences to Windsong Cuve in im event of further construction It is good to keep promises, and ws QC srnp^thize with the people cf Harbor Drive. But we do believe promises must be broken under certain circumstances. The health and safety of the residents of 161 units far outweighs the convenience of 18. !t •5 unfortunate that such a promise wss ever made. DO SOT COVER UP A A THI Has'icents of Windsong Cove were Informed by Marlborough Construction at on oDen meeting on September 2, '!989 that the City Planning Commission require;! changes to the plans in order to accommodate a wider corridor for ji£;1c access to the lagoon. We are informed that a City Council meeting will be held Wednesday night to determine substantial conformance to city 4 standards, if the city government can impose its authority to require this change as well as ethers we are aware of, it can Impose changes to secure our health, safety, and well being. Ws would also like to inform you of a statement made by Mr. Leonard Bedolla of Marlbcrough at this meeting. He stated that Maryborough would assert its access rights on our property for construction purposes (despite availability Gf the approved access via Santa Fe Railway) if our objections further delay construction. When several of us in attendance immediately held him accountable fcr making what is tantamount to a threat, he hedged and backed off. You as our city representatives cannot allow this project to be rammed down our throats before vital health and safety issues are resolved. Mu position remains as it was at the outset. This project cannot be built in a manner that will preserve our health and safety. In the event that you refuse to set on this premise, several courses of action will ameliorate the situation. 1. Harbor Drive must be opened to share the burden of traffic. This will iYiiticets safety hazards and concentration of pollutants. This will require '-edesigning the Merlborcugh plans. Could it be that Marl borough refuses to pursue this avenue because any changes will require a reduction of the number of total units in the project in accordance with current growth management requirements. The number of units should be reduced for the health and safety reasons we have described. Notwithstanding, Harbor Drive must be opened at minimum. 2. r^ss emergency exit routes must be provided. This must, include Harbo-* Drive. The only way to do this is to open Harbor Drive and redesign the 5. Mrs, police, and medical accesses must be provided for individual emergencies. This also requires opening Harbor Drive and redesigning the project. As far as we understand, Marl borough wants to use strips of lend cvv-nsd by Windsong Cove adjacent to Harbor Drive for these purposes. As far •?s we olso understand, Herlborough has neither emergency nor residential access rights on these parcels. When my husband and I purchased our unit, we were told that it would be highly unlikely that the proposed project cuulu ever be built. This problem was cited. 4 Units, minimally those along routes 5 and 1, must be sound-proofed. This would include soundproofing the walls and floors cf those areas directly adjacent tc routes 1 and 5. it would also include installing soundoroof V- J vdc^ie-.rene) glass end adequate venltuetton to compensate Tor the fact thst we cannot ccar our windows.. 5. The streets should be repaved to mitigate noise pollution. This particularly applies tc the brick surface of Layang Layang Circle and to the drain grate in front of my unit. The benefit of speed bumps for safety purposes versus the additional noise they cause cause should be assessed. Speed buiTips must be enhanced to be effective 5. Construction should be limited to the hours between 8 and 5 p.m Monday through Friday. sn addition to heeUh and safety considerations, fiduciary/matters must also be resolved. Marl borough must: ;. Gear the cost of retrofitting our drives to mitigate health and safety % •"-*-•-"•'•'-• 2 ;.TpH''Ha s rrut'-ally ssMsfsr^nn? sQr^^e"* *n share tn? nost of permanent maintenance of the drives. 2. bear the cost of soundproofing. 3. conclude a mutually satisfactory agreement with us.if it wants to secure *n-;sHjencu and/or perrnfinsnt access ever the property we own adjacent tc Hsrbor Drive. 4. r-i-:air end bear the cost of construction damage to our property. This mc'uaes. :cr example, oust bui;d-up on our patios or landscape damage. 5. concede mutually satisfactory agreements regarding other perpetual Tict-.?r?, such as gate maintenance and mutually enjoyed landscaping. 5. bear the cost of installing a permanent fence and gate separating rlerlborouQh property from Windsong, including the strips adjacent to Harbor 7. reimburse owners for any Ices cf property value due to overburdening, uwesithy., and unsafe conditions. 'n sun. u -'£s s -nistfika ::o evn- ^pp-cvs the pnpcssd plens in the face a gr^vs hssHh and safety consequences. Any completed environmental impact at •;•-•_ •.-•'.•h'sn u;as n:t rectify :h3 3rou;8™s we have described is 6 unacceptable. Our understanding is that the 1983 study done by consultants assessed the impact of the entire Windsong Complex (existing and proposed) upon the surrounding community, but not the environmental worthiness of the complex itself. In light of the first mistake, it was a second mistake to promise the nomeowners of Harbor Drive that they would be immune from ameliorating this overburdening in light of the design flaws. This promise was well-meaning but unacceptably harmful. IT WOULD BE THE MOST GRAVE MISTAKE OF ALL TO ALLOW THIS CONSTRUCTION TO PROCEED. At minimum the project must oe redesigned and Harbor Drive must be opened as an emergency and permanent access. Certain health, safety, and monetary issues must be resolved before construction can begin. if you nave not evaluated the situation in light of the design flaws we have described or if you would like to re-evaluate your position, please call us or, better yet, come see our unit. This month we will be available through Friday September 15. cc: Dave vinegrad. President, Windsong Cove Board of Directors Paul Webo, California Coastal Commission ' ^J 9/6/5° ^EflO 7- Falgoust/Papi .Men RE: flartborough/winds^Shores representatives 1 formed us at the 9/2/39 meeting that it s tc ^TKe its r- • 3 gated community. Gates would disable access "ysidenis c :^m and the Palms. We object. !f Marlborough nas easenic it rights Lc use our accesses, the same rights should be - -;e sHjoued direct access to the Isgoon. Shutting us out ild force inose of us 1: ing "ear the lagoon to walk the entire length of ^espectlve complex to Chinquapin, across Chinquapin, ;nen up Hsrbcr D the proposed public access. This is an undue burden. Such reciprocation would also alleviate health and safety problems in the event kqrtinr Drive is opened up. For example, ! once summoned the police, it took the officers a considerable time to reach me. They cited the leuout of our complex as a problem in locating7me. ) V,JO"- ----:->£=•— ^CHiNQUAPIN _X./.,. ,^,-^||i_i r' /"iv^ • i— ^—Vw f*? crr;"i^FTilfrt SOttf f l'.404' HOUTES STUDY r «w ^jeuv <om <r rwf WIWDWAM wmm»4rwr * -~o -r/" A ..'1i / W < rtsuor Lewis 8: Manor Pro-tern Ann Kulchin CHy Council Members nannaux, Larson and Pettine Qjreritor of Communitu Develooment Orenyak City Manager Patchett Director of Planning Hoitzmiller City Planning Commissioners Sehlehber, Schrarnm, Erwin, Hall, i ' L- r d u u B i F . ...n_u ?; ijj^ o, dfiti i ids L-UO City Engineer" Evans Police Chief vales Firs Chief Thornoson rRGM baroara R. Falqotist hicnae! R. Papen-thi 40,16A Layancj Layanq Circle, Windsong Cove Carlsbed. CA 92003 RE: Prooosed Permit No. 83-4; Construction of Condominium Project by flariborouun Construction on North Shore of Aqua Heaonia Lagoon This project should not be built at all because it would be excessively destructive to human environments! factors including quality of living., nealtlv and safety. The destruction would include overburdened population density, noise oouution. carcinoaenic oollutants. and various safetu hazards.-_4 ^ . -• ,_J f ,^f These problems are inevitable in the event of further construction due to two pronJuitjve design features of the Windsong Cove project. The first design feature is the nature of the existing permanent access routes. Th8;;e routes are not adequate enough to accommodate existing traffic safetu. The accesses ere net even designed as thoroughfares. They *rs nut narrow winding driveways, it is already hazardous to oack out of or•* " ^- -I? o aoprcacn s parkinq space as cars whip around blind corners, sometimes on the wroriQ side of the access. Collisions are narrowly avoided. Even worse potential hazards are the veru real prospects of hittinq a child who is riding a Dike or hittinq a pedestrian who is crossing a drive or walking along it to the mail boxes which are along the drives. There is indeed a 15 mph speed limit, but the reality that must acknowledged as the basis for sound dscision-rnaking is that drivers ionore this limit unsafely desoite speed bumps, narrow routes, and blind corners. Cars literally "squeal" around corners. We are certain that you can verify such complaints if you research police records. These hazards would remain even if the speed limit were heeded. Furthermore, the permanent access routes are not designed to meet egress needs in the event of mass exodus. There would be no way all residents could exit safely in the event of a sweeping fire, for example. These accesses do not safely meet the needs of individual fire, police or health emergencies either. Vou csnnot ssfeiy add the traffic of 130 additional units (most of which will probably nave more than one vehicle) to permanent access routes that are already unsafe for 213 units (16\ existing Windsong Cove and 52 neighboring Papagayo on Kalpati Street}! These small routes would bear the everyday traffic of 343 units, 227 on the east "pQoaaauo" side and 116 on the west "Palms" side., - The second prohibitive design feature is that second floor living areas literally overhang the permanent access routes. These areas are master bedrooms. Living rooms on the ground level are also within feet of the routes. We cannot understand why you would even entertain this proposal which will allow carcinogenic and chemical exhaust pollutants to be projected directly into our dwellings, especially of the concentration that would be emitted from such a volume of cars within sucn a small area, it would bs unconscionable and irresponsible to allow this to happen. Noise pollution is another issue. Noise pollution is compounded on all streets by speed Pumps necessary Tor safety, noreover, brick surfacing in the middle of the accessss on Lsyang Lauang Circle further exacerbate noise pollution i *-> fhpc;p .3--~p:5c Fnri hfir~ p"ii~>'sfi inl'ipf inr1 :-.'-. o'T'iftprt frnfTi s flrsi'i nr^ilnn in the street within feet of mu bedroom and living room. These carcinogenic, chemical, and noise pollutants are intolerable. These pollutants sap a quality of living that is basic to human health and well-Deing. we plan to consult whatever state agency has jurisdiction over these concerns if necessary." Compounding the problems of unsafe and inadequate traffic flow and po llutants is the reasonable projection that two of the four permanent access routes would bear the additional traffic of Marlborough units. These two streets are Cansrio and the western segment of Lauang Layang. (They are cited as routs numbers 5 and 1 on a possible construction routes study map for CT No 83-4, see attached.) Canario (route 5) currently bears the traffic of 37 units, it would bear the traffic of 81. The western segment of Lauang (route i) currently bears the traffic of up to 96 units (66 Windsong Cove plus most of the traffic of the 30 units in the neighboring Papagoyo complex on Kalpati Street). The layout of the complex encourages traffic to follow this western segment rather than share the traffic load with the 3 Cr -=f O * O *•"""'' C'-r-QC- G o t " I I ! o I U t? Dear the traffic of 182 units! You cannot let this happen! We VEHEMENTLY OBJECT TO THE TRAFFIC OF 142 UNITS WITH ONE OR VEHICLES PASSING WITHIN A FEW FEET OF h¥ AND LIVING ROOM, ii is unfortunate that the planning commission, city council and mayor ever yavs ana approval to the plans Marlborough construction proposes to build. This approval was a mistake due to the design of inadequate permanent access routes and living areas which are directly exposed to pollutants. We yrge you not cover up one mistake by city government by making another, it would be a grave mistake to impose inevitable adverse conditions upon the people you represent. Marl borough Construction is but one property owner in this city, it is not even a voter or resident, it will not nave to endure the suffering it proposes to impose. Two years ago when voters of this city had two options to choose from in regard to growth management, the city council pledged that it would protect its citizens under the proposal it endorsed. This proposal passed. You now have a responsibility to ensure health and safety to the Carlsbad voters snd citizens who inhabit the 161 units of Windsong Cove- regardless of ill- founded past decisions and promises, big business, or regulatory and legal technicalities. Because the two design features are irreparable, adverse consequences are unavoidable in the event of further construction. Therefore, further construction should not be allowed. if ^ ^~! :": Cs H :~I : i Q -"• 1 £ :~! l~* ~: 7--l~T 1 :~; :*• t ^ '~' * ?~J H Cj H ' -: ^ 1 ^ ? * T*>~' !•'"•'=' — O '~~d H O *~* ^ O ^~- £l H 'f i"»! ! i-HC QLJU V C- i_. i ttu i-iivjC^L i C i.U Utf UUlilj it liiUO*. UC I CUtO I IjlidU i.U accommodate permanent ingress and egress via Harbor Drive for several health and safety reasons. Not to do this would be to make yet a third nvstake. We are informed that the city government insists upon living up to a onor promise made to 18 nomeowners on Harbor Dnve that their street would be left sacrosanct despite any future construction. This promise was ill-founded consioennq tne grave environmental consequences to Windsong Cove in the event of further construction It is good to keep promises, and we do empathize with the people of Harbor Drive. But we do believe premises must be broken under certain circumstances. The health and safety of the residents of 151 units far outweighs the convenience of ^6. it is unfortunate that such a promise was ever made. DO NOT COVER UP A SECOND MISTAKE WITH A THIRD Residents of Windsong Cove were informed by Marlborough Construction at an open meeting on September "2, 1989 that the City Planning Commission required changes to the plans in order tc accommodate a wider corridor for public access to the lagoon. We are informed that a City Council meeting will be held Wednesday night to determine substantial conformance to city standards, if the city government can impose its authority to require this change as well as others we are aware of, it can impose changes to secure our health, safety, and well being. . we wouio; also liK.e to inform you of a statement made by Mr. Leonard Bedolla of Marlborough at this meeting. He stated that Marlborough would assert its access ngnls on our property for construction purposes (despite availability of the approved access via Santa Fe Railway) if our objections further delay construction. vViien severoj 01 us in a*, it-nuance immeLnaieiy neiu mm accountable for making what is tantamount to a threat, he hedged and backed off. vou as our city representatives cannot allow this project to be rammed down our throats before vital health and safetu issues are resolved.w MM position remains as it was at the outset. This proiect cannot be built in... •• .' a manner that will preserve our health and safety, in the event that you refuse to act on this premise, several courses of action will ameliorate the situation. 1. Harbor Drive must be opened to share the burden of traffic. This will mitigate safety hazards and concentration of pollutants. This will require redesigning the Marl borough plans. Could it be that flarlborough refuses to pursue this avenue because any changes will require a reduction of the number of total units in the project in accordance with current growth management requirements. The number of units should be reduced for the health and safety reasons we have described. Notwithstanding, Harbor Drive must be ooened at minimum. 2, Mess emergency exit routes must be provided. This must include Harbor Drive The only wau to do this is to open Harbor Drive and redesion the project. 3, Fire, police, and medical accesses must bs provided for individual emergencies. This also requires opening Harbor Drive and redesigning the project. As far as we understand, llarlborough wants to use strips of land owned by Windsong Cove adjacent to Harbor Drive for these purposes. As far as we also understand, Marlborough has neither emergency nor residential access rights on these parcels. When my husband and 1 purchased our unit, we were told that it would be highly unlikely that the proposed project could ever be built. This problem was cited. 4, Units, nv.nimaily those along routes 5 and 1, must be sound-proofed. This would include soundproofing the walls and floors of those areas directly adjacent to routes 1 end 5. It would s^so include installing soundproof i~: • -• f~: ^ -~t '-; -:i *•"• £5 '• --? *T •-: :~- ~- -i r~: H "3 H £2 j~* • id* r~- i i Q r~t * *t 1 T Ci T T :~: >~ "r" i"i »"*• :": W: !~: r~: >"r "• -=t f :"; f ;~: ^~ * P"; Q Tv-^UtC PUIlt?^ ;jiUOO OUU uUtuUUvC V Siii. S ) iLlllUil ?.U OUUijJCi/OU LC i Ui ISiC i b.The streets should be reosved to mitiqste noise pollution. ' his particularly aopsies to the brick surface of Layang Leusng Circle and to the drain grate in front of my unit. The benefit of speed bumps for safety purposes versus the additional noise they cause cause should be assessed. Speed Pumps must be enhanced to be effective 6. Construction should be limited to the hours between 5 and 5 p.m Monda m addition to health and safety considerations, fiduciary/natters must also oe resolved. Marlborough must: I. D?ar the cost of retrofitting our drives to mitigate health and safety concerns. 2 rnnnl'jrip 0 rnijt!J9iiu sotisfoctoru onrs^rnRnt in 5?hsrH thR rnKt nf~ ' -i? ~ " "~' -i3 w ' "° '" - - - oermsnent meintenance of the drives. 2. oear trie cost or soundproofing. 3. conclude a mutually satisfactory agreement with us. if it wonts to secure emergency and/or permanent access over the property we own adjacent to 4. repair and Pear the cost of construction darnaoe to our property. This includes, for eHamDie: dust build-up on our patios or landscape damage. 5. conclude mutual iy satisfactory agreements regarding other perpetual matters, such as gate maintenance and mutually enjoyed landscaping. H r-asir *ho r,",::t ."f incf sllir, r\ A norTOflfJOfit fcni^o anri -_- . ^ '-- -^ : , i , -_• -,- -_- •-• ••- •_• • i 4 : --1 '- Jw i i i I -. *_f :_i jj G i i 1 ! O f 1 V -1 '. •- i '-' : i J-- ;-- '•— -. i ;-i - -. -- -_ •-' ;_ - ; -_..- 7 ;_| Mgrihnrounh nropsrtu ^0!7i Windson" ^nciudinn the Rtrios soMacsnt to Harbor 7. reimburse owners for any loss of property value due to overburdening, unneaitny, ano unsafe conditions. in s wes a mistake to ever approve the proposed plans in the face a grave health and safety consequences. Any completed environmental impact vvhirh rinfic nni thp nrnh]fimc yvR Our understanding is that the ;983 study dens by consultants assessed the impact of the entire Windsong Complex (existing and proposed) upon ins surrounding community, but not the environmental worthiness of th? complex itseif. in lipht of the first mistake, it was a second niistake to promise me homeowners of Harbor Drive that theu would oe immune from ameliorating this overburdening in light of the design flaws. This promise *vas well-meaning Dut unaccsptably harmful. IT WOULD BE THE HOST GRAVE Mir'TAi/r nr~ A ' ! T"! 'M ' <~H'J T~U! "• i^nf*i^"!"ni ir-Tinti* -rn £;.-*-*.-•£ —r-> /, i ^v-.-ir.i!^(,,^,-.: UO '. HiX-1 Uf rti_i_ ! U HLi_U¥? i fl i O LUND i r^UU i iui^ I U r^UuLCiJ. ^l Miilsimuni the project must be redesigned ond Harbor Drive must be opened as an emergency and permanent access. Certain health, safety^ and monetary issues must be resolved before construction can begin. if uou nave not evaluated the situation in light of the design flaws we have described or if uou would like to re-evaluate your position, please call us or better uet, come see our unit. This month we will oe available through hndau Sfiplemfafir lb. cc: Dave vinegrad. President. Windsong Cove doard of Directors Paul WebO; California Coastal Commission t-Kufl. Falcioust/Papenthien RE: Marlborou§h/windsong Shores flariorough represen^ves informed us at the 9/2/89 noting that it intends 10 make its cWipIex a gated community. Gates wald disable access to residents of Windscng and the Palms. We oDject. if Marluorough has s^iemsnt rights to use our accesses, the same rights should be :~9~;-i!j:--nf;;=|t pri Wg hguci onio!'8d direct scnsRFi to Ins laQoon. Shutting us out wou'd force those of us livinq near the Isqoon to walk the entire length of our respective complex to Chinquapin, across Chinquapin, then up harbor Drive to the nrcposed public access. This is an undue burden. Sucn reciprocation WOUHJ also alleviate health and safety problems in the event HsrDor Orws is opened up. For example, i once summoned the police, it took •.Tic QTTicers s consioeraD16 ^.ifne 11 p'^p^nl i-1^ r''-' :i ^ *'<"'- n i ft rp ^-r> Inrp^^nn • =^'- -CHINQUAPIN />j». Pr^jfiiW/f *<(-/)t'lf-VU I*/ /7 •/?.. ^ :-'Q, r,/ * i,3i5jLflj \ -: iifi i!^S^Pl *1151 Af^^Mf Ix/llrl POSSIBLE ROUTES STUPY •-- Q f.. / ,„/ i1.'7' •, t , -, , ' UOVA^C;• • <? dr 83-V PLANNING Independent Representative September 5, 1989 Mr. Claude A. Lewis, Mayor City of Carlsbad 1200 Elm Avenue Carlsbad, Ca 92008 Dear Mayor Lewis: I am writing this letter regarding the traffic issue of the Marlbrough Development Corporation Wind Song Shore's project. This is not a new issue, you the mayor and the city council had heard of this issue many time before. I do not object to the development because I realize I am not the only one should be. allowed to enjoy the finest city living such as Carlsbad, the other people should have the same privilege also. The only request I have is to reconsider using Wind Song Cove roads as access to the Marlbrough project. 1 realized the city council had made a commitment to the Harbor Drive residents, dedicating Harbor Drive cul-de-sac as a dead-end street. In a fast growing county such as San Diego we all benefit the monetary gain in property and business and at the same time we also trade off for a lesser quality of life style due to growth. We do not have the luxury of space any longer. But traffic safety should not be compromise be- cause it involves human lives. I apology to the residents of Harbor Dr in suggesting to use Harbor Dr. as the access road to the Marlbrough project. The narrow Wind Song roads were not built for another additional 2 cars per family of a 140 units condos traffic. Saturday, Sept. 2nd, 1989, • Marlbrough Corp. held a neighborhood meeting. The Wind Song Cove residents were warned if we try to delay-the project, Marlbrough will drive their heavy construction equipment through our gate because they have the right to do so. Please, Mayor and the city council, consider the needs and safety'of the Wind Song Cove children and residents before you make the final decision. Thank you in advance for your help. Sincerely, £*L~,~; e c i I i a L e o": t"ar*d2 311-B KaJpati Street • Csilsbad, CA 92008 • (619) 434-7624 PUNNING -5 R iu? is c^no t" 736 - "tl/Ljr?^ri3 c2 0<sl UJ " ~trU.aL.tr Xt" ^-^ vzoT o PUNNING August 28, 1989 Mr. Claude A. Lewis, Mayor City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Dear Mayor Lewis: For the past several years approximately 1000 residents in and around the 'Windsong Cove' area of Carlsbad have been burdened by the planned development, by Marlborough Development Corporation of its 'Windsong Shores' project. This development is to be located on lands immediately north of the Agua Hedionda Lagoon. As of today many important issues remain unresolved. For example, residents do not feel that Marlborough has secured a proper route for ingress and egress of emergency vehicles in case of fire, medical emergency, etc... The fact is that NO route exists at all! Current plans, as drawn by Marlborough, show emergency vehicle access over a 30'by 120' strip of Windsong Cove property. This particular parcel of land is wholly owned by the Windsong Cove Homeowners Association and NO emergency vehicle access easements exist over this property. Thus any emergency located at a remote,end of the Windsong Shores project would be extremely difficult to access. This dire situation is only compounded by the fact that a high pressure gas pipe is located at the far western portions of this development. Secondly, construction access to the planned Windsong Shores development remains a point of concern among area residents. History shows that a major miscalculation was made by developers of the 'Windsong Cove' area. Specifically, property immediately north of Agua Hedionda Lagoon was left undeveloped while land just south of Chinquapin Street was fully developed. As a result, access to the undeveloped (Windsong Shores) land will be impossible without placing an unsafe and unjust burden on hundreds of homeowners. At a minimum, construction traffic should not be allowed access to Chinquapin Street, but rather Tamarack Avenue. Further, many other issues remain unresolved between Marlborough and homeowners. For instance, Marlborough's current Plans do not conform to those plans as approved by the City of Carlsbad in 1983 (CT 83-4/CP-227JT Such a change should be approved only after review by the city council. In addition, legal counsel informs us that under various legal theories Windsong Shores might not have access through Windsong Cove property for ingress and egress of residential vehicular traffic. Also, a cost sharing agreement (as required under the California Government Code) between The Windsong Cove Homeowners Association and Marlborough has not been negotiated as of today. Such an agreement would be necessary because Windsong Shores homeowners might use Windsong Cove roads as access to their residences. Also unresolved are a) the hours and days of the week to be allowed for construction operations, b) the loss of ocean views for certain homeowners who were 'guaranteed' permanent ocean views, c) the archaeological mitigation measures required by developer as outlined in the Environ- mental Impact Report on file with the city engineering department, and d) numerous other issues such as noise control, signage, scope of liability for construction accidents, pollution (i.e. blowing dirt), etc... Therefore, to say the least, it would be unwise for the City of Carlsbad to allow any construction activities prior to the parties involved resolving these critical issues. Obviously, any development would proceed much smoother if all terms are agreed to prior to construction. Thus, before any plans, permits, routes, extensions, etc... are approved by the City of Carlsbad, the residents in and around Windsong Cove request a public hearing on each and every issue. David N. Vinegrad 4016 Aguila Street Carlsbad, CA 92008 CC:Mr. Marty Orenyak Mr. John Mamaux Mr. Mark Pettine Mr. Eric Larsen Ms. Ann Kulchin City of Carlsbad Planning Department August 22, 1989 Dale Mitchell Crosby Mead Benton & Associates 5966 La Place Court, Ste. 170 Carlsbad, CA 92008 SUBJECT: DI 89-4 WINDSONG SHORES Preliminary Staff Report The preliminary staff report for the above referenced project will be available for you to pick up on Friday, August 25, 1989, after 8 a.m. This preliminary report will be discussed by staff at the Development Coordinating Committee (D.C.C.) meeting which will be held on Monday, August 28, 1989. 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 D.C.C. meeting. It is necessary that you bring your required unmounted colored exhibit(s) with you to this meeting in order for your project to go forward to the Planning Commission. If you do not plan to attend this meeting, please make arrangements to have your colored exhibit(s) here by the scheduled time above. If you need additional information concerning this matter, please contact the Planning Department at 438-1161. CITY OF CARLSBAD MICHAEL J. HOLZMILLER Planning Director By: Planning Department CW:MJH\lh 2O75 Las Palmas Drive • Carlsbad, California 92OO9-4859 • (619) 438-1161 City of Carlsbad Planning Department August 22, 1989 Paula B. Madson Lightfoot Planning Group 702 Fourth Street Oceanside, CA 92054 SUBJECT: DI 89-4 - Windsong Shores Preliminary Staff Report The preliminary staff report for the above referenced project will be available for you to pick up on Friday, August 25, 1989, after 8 a.m. This preliminary report will be discussed by staff at the Development Coordinating Committee (D.C.C.) meeting which will be held on Monday, August 28, 1989. 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 D.C.C. meeting. It is necessary that you bring your required unmounted colored exhibit(s) with you to this meeting in order for your project to go forward to the Planning Commission. If you do not plan to attend this meeting, please make arrangements to have your colored exhibit(s) here by the scheduled time above. If you need additional information concerning this matter, please contact the Planning Department at 438-1161. CITY OF CARLSBAD MICHAEL J. HOLZMILLER Planning Director By: Planning Department CW:MJH\lh 2O75 Las Palmas Drive • Carlsbad, California 92OO9-4859 • (619) 438-1161 • • City of Carlsbad Plannina Deoartment August 17, 1989 Leonard Bedolla Marl borough Development Company 28751 Rancho California Road Suite 203 Rancho California, CA 92390 RE: HILLSIDE DEVELOPMENT PERMIT 89-41 Dear Mr. Bedolla: After receiving your application and reviewing the conditions of the property, it was determined that a Hillside Development Permit would not be required. The Qualifications for the Exemptions are as follows: 1) The proposed fill within the railroad right-of-way is a Class 4 CEQA exemption, therefore it has been determined that there are no significant adverse environmental impacts. 2) It has also been determined that as an "isolated ravine" and an area that has been previously disturbed by authorized grading, it is exempt from the Hillside Development Ordinance. Staff will complete an assessment to determine the extent of the fee refund. If you should have any questions, please contact me at 438-1161. Sincerely, / CHRISTER WESTMAN Associate Planner c: Erin Letsch CW:lh hdp8941.1tr 2O75 Las Palmas Drive • Carlsbad, California 92OO9-4859 • (619) 438-1161 MEMORANDUM AUGUST 16, 1989 TO: FILE FROM: Christer Westman RE: OFF SITE UINOSONG SHORES GRADING AND ACCESS Hillside Development Permit Section 21.95.030 General Restrictions of the Carlsbad Zoning Ordinance states "If no permits other than a building or grading permit are required for the project, the Planning Director shall have the authority to approve or deny Hillside Development Permits subject to appeal of the Planning Commission" The proposed access through the AT&SF Railroad right-of-way only requires a grading permit therefore the Planning Director is the decision making body for the possible review of a Hillside Development Permit on this site. However, "Areas previously disturbed by the authorized grading" and "small isolated ravines where there is no substantial evidence that the project will have a significant effect on the environment as determined by the Planning Director" may be excluded from the requirements of the hillside Development Ordinance by the decision making body when these areas have been fully identified. Both findings can be met and a Hillside Development Permit will not be required. Environmental Assessment Article 19, Categorical Exemptions of the CEQA guidelines, includes a list of classes of projects which have been determined not to have a significant effect on the environment and which shall, therefore, be exempt from CEQA. Class four consists of minor public and private alterations in the condition of land such as "filling of earth into previously excavated land with material compatable with the natural features of the site.". Such action shall also not involve the removal of mature, scenic trees. The proposal is to move excavated earth from the adjacent building site to the project site. The earth would be used to fill an existing ditch between an existing dirt access road to the YMCA site and the existing railroad tracks. It shall be considered a class 4 statutory exemption. Conclusion Therefore, because the proposed fill operation is a class four CEQA exemption it can be determined that there will not be a significant effect on the environment. It can then also be determined that as an "isolated ravine" and an area which has been previously disturbed by authorized grading that a Hillside Development Permit is not required. CW:kd WSGA.mem City of Carlsbad Community Development August 8, 1989 California Coastal Commission San Diego Coast District 1333 Camino Del Rio South, Suite 125 San Diego, CA 92108-3520 The City of Carlsbad is aware of Marl borough Development's proposal to construct a temporary access road in the AT&SF railway right-of-way. The City is in support of the proposal. Access through the right-of-way in advantageous because it reduces the number of residents directly impacted by construction traffic. Also, the physical constraints of moving construction traffic through the existing condominium developments make such a construction route unreasonable. Access to the right-of-way from Chinquapin vs. Tamarack is preferred by the City because as a local street Chinquapin carries less traffic and will have less of a traffic safety impact than Tamarack. Additional drainage issues would also need to be resolved with a Tamarack access. Sincerely, -JOMARTY ORENYAK C\ ' Community Development Director CW:lh windsong.ltr 2O75 Las Palmas Drive •Carlsbad, California 92OO9-4859»(619) 438-1161 THE LIGHIF001 August 7, 1989 GROUP Mr. Christer Westman City of Carlsbad 2075 Las Palmas Carlsbad, CA 92008 RE: Windsong Shores (83-4) Dear Christer: This letter is to provide you with additional planning information and/or the status of the items you listed in your June 29 letter regarding the Windsong Shores project. 1. The Environmental Impact Assessment for the "off-site" grading was submitted to your office on July 10. A Hillside Development Permit application was submitted concurrently regarding the manmade "V" ditch next to the railroad tracks. 702 FOURTH STREET OCEANSIDE, CA 92054 (610| 722-1924 FAX (619) 433-7511 27919 FRONT STREET SUITE 208 RANCHO CALIFORNIA CA 9Z390 (714) 699-6190 FAX (714) 699-6193 Enclosed is Marlborough's agreement with AT&SF. construction access Marlborough is currently working with the City's landscape consultant, the Fire Marshall and the Coastal Commission to ensure everyone's concerns are met regarding the landscape plan. We hope to obtain everyone's approval by next week, at which time we will submit a copy of the landscape plan with the Fire Marshall's and Coastal's signatures of approval. The Amendment to the original Windsong Shores Coastal Permit for the ramp access will be heard at the August 10 Coastal Commission hearing. The permit application for the grading in the railroad right-of-way was submitted to the Coastal Commission on July 27. We anticipate a public hearing within six to eight weeks for this request. Mr. Christer Westman Page 2 August 7, 1989 5. The sign program for the trail signs is enclosed for your approval. We have shown this sign program to Paul Webb, at the Coastal Commission, and he indicated they were acceptable. The landscape plan discussed in Item 3 will identify the locations of the various signs. 6. Enclosed is a sight-line study to illustrate the screening of the roof mounted equipment from 1-5. 7. Enclosed is a color and materials board. I have also enclosed the following items: 8. 100-scale exhibit of the garage landscape plan. 9. A signed letter by Tom Lickterman, at the North County Transit District, regarding bus stop facilities. Should you have any questions regarding this information, please give me a call. Sincerely, Paula B. Madson Senior Planner PBM/sc Enclosures cc: Leonard Bedolla, Marlborough Development Kim Post, Crosby, Mead, Benton 173.07/49 ATTACHED TO CONTRACT BETWEEN THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY AND M ARLBOROUGH DEVELOPMENT COMPANY CHICAGO, ILLINOIS SCALE: 1 IN. TO None FT. CALIFORNIA DIV. 3A.H DIEG-O SUBDIV. DATE: June 28.IQ89 L. TRIM LINE CHIEF ENGINEER DESCRIPTION APPROVED E.S. 2284 + 50 MP230+I211.2 To Fuller-ion fMl"? IPI^ro oo IFcJcvJ CJ C<J 0- UJ fVW Linc'T^ To KaVi'onal DESCRIPTION Riqhf o-f entry as shown shaded, includ ina fence and qates as noted. Near Carlsbad; San Dieqo County, The Atchison, Tc^eka and Santa Fe Railway One Santa re Plaza July 20, 1989 11013356 Mr. Richard A. Niec Vice President-Division Manager Marlborough Development Corporation 28751 Rancho California Road No. 208 Rancho California, California 92390 Dear Mr. Niec: Enclosed you will find executed, in duplicate, original and copy of a Right-Of-Entry License covering your request to use our property at or near Carlsbad, California for a roadway to enter into and out of your Windsong Development Project. As you can see, this license contains a number of qualifications that must be met in order to leave the property in a manner which will benefit all parties involved. The Right-Of-Entry License contains a one-time fee of $400.00 and I would appreciate your arranging for that to be sent with the executed original to this office. I would also appreciate your staying in contact with our Division Office personnel in San Bernardino at (714) 387-1258 in order that an orderly progress of work can be accomplished. There may be occasions where changes are necessary as this project is progressed. Therefore, the Division Manager's office in San Bernardino should be apprised of any modifications. In addition, a final determination of the cost to move the various facilities existing there is not known at this time, but as expenses occur or upon completion, we anticipate issuing a bill for that work in addition to the flagging protection as noted in the contract. I would appreciate your arranging for execution of both copies of this agreement, returning the copy stamped "Santa Fe Original" to this office. If you have any questions regarding this matter, please do not hesitate to contact Mr. C. A. Starkebaum of my office on (913) 357-2114. Yours truly, T. J. Nelson Director of Contracts 2353d/2114/5 11013356 RIGHT OF ENTRY LICENSE THIS LICENSE, made as of the 29th day of June 1989, between THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, a Delaware corporation (hereinafter called "Licensor"), and MARLBOROUGH DEVELOPMENT CORP. (hereinafter, whether one party or more, called "Licensee"). NITNESSETH, That the parties hereto for the considerations hereinafter expressed covenant and agree as follows: 1. Licensor hereby licenses Licensee to use, subject to the rights and easements hereinafter excepted and reserved and upon the terms and conditions hereinafter set forth, the land (hereinafter called "Premises") situated at or near Carlsbad, County of San Diego, State of California, shown on the print hereto attached, C.E. Drawing No. 3-10460 dated June 28. ' 1989 marked "Exhibit A" and made a part hereof, for a term beginning on July 3, 1989, and ending when this License shall be terminated as hereinafter provided. 2. Licensor hereby excepts and reserves the right, to be exercised by Licensor and by any others who have obtained or may obtain permission or authority from Licensor so to do, (a) to operate, maintain, renew and relocate any and all existing pipe, power, and communication lines and appurtenances and other facilities of like character upon, over or under the surface of the Premises; and (b) from time to time to construct, operate, maintain, renew and relocate such additional facilities of the same character as will not unreasonably interfere with the use of the Premises by Licensee for the purpose specified in Section 4 hereof. 3. Licensee shall pay to Licensor as compensation for the use of the Premises the sura of Four Hundred and No/100 Dollars ($400.00). 4. (a) Licensee shall use the Premises exclusively as a site for an Access Road. Licensee covenants that it will not treat, store or dispose of on the Premises "hazardous waste" or "hazardous substances", as "hazardous waste" and "hazardous substances may now or in the future be defined by any federal, state, or local governmental agency or body. In the event the Premises are now or in the future used in generating, handling, or transporting of "hazardous waste" or "hazardous substances", Licensee agrees fully to comply with all applicable federal, state, and local laws, rules, regulations, orders, decisions and ordinances (hereinafter referred to as "Standards") concerning "hazardous waste" and "hazardous substances". Licensee further agrees periodically to furnish Licensor with proof, satisfactory to Licensor, that Licensee is in such compliance. In any event, Licensee shall allow Licensor to enter upon the Premises at reasonable times for the purpose of inspection. Should Licensee not comply fully with the above-stated obligations of this Section, notwithstanding anything contained in any other provision hereof, Licensor may, at its option, terminate this License by serving five (5) days' notice of termination upon Licensee; but any waiver by Licensor of any breach of Licensee's obligations shall not constitute a waiver of the right to terminate this License for any subsequent breach which may occur, or to enforce any other provision of this License. Upon termination, Licensee shall be governed by the two sections of this License regarding Licensee's surrender of possession of the Premises. (b) Notwithstanding anything contained in the liability sections hereof, in case of a breach of the obligations contained in this Section, or any of them, regardless of the negligence or alleged negligence of Licensor, Licensee agrees to assume liability for and to save and hold harmless Licensor from and against all injuries to any person and damage to property, including without limitation, employes and property of Licensor and Licensee and all related expenses, including without limitation attorneys' fees, investigators' fees and litigation expenses, resulting in whole or in part from Licensee's failure to comply with any Standard issued by any governmental authority concerning hazardous substances and/or hazardous waste. Licensee, at its cost, shall assume the defense of all claims, suits or actions brought for damages, and fines or penalties hereunder, regardless of whether they are asserted against Licensor or Licensee. Licensee also agrees to reimburse Licensor for all costs of any kind incurred as a result of the Licensee's failure to comply with this Section, including, but not limited to, fines, penalties, clean-up and disposal costs, and legal costs incurred as a result of Licensee's generating, handling, transporting, treating, storing, or disposing of "hazardous waste" or "hazardous substances" on the Premises. (c) It is understood and agreed that a Licensee who does not now, or in the future, generate, handle, transport, treat, store or dispose of "hazardous waste" or "hazardous substances" within the meaning of this Section, is not subject to the provisions of Subsection (b) supra. - 2 - 1529V (d) The object of Licensor is to provide for the convenient access to development project by Licensee and related business thereon. In case Licensee shall use the Premises for any other purpose whatever than above mentioned, then Licensor may declare this License at an end and prevent Licensee from using or remaining upon the Premises, with or without process of law. Licensee shall not have the exclusive possession of the Premises as against Licensor. (e) It is understood and agreed that licensee shall as a result of being granted this license request perform or cause to be performed the following: 1. Fill and pack the site under subject license in a matter to preclude any entrapment of water from Chinquapin Road to Bridge 230.6 and grade to insure proper drainage with proposed concrete ditch to provide drainage away from track area. 2. Install a 6-foot chain link fence on top of fill with gates as shown on Division File Print 110/3356, attached hereto and made a part hereof to be locked with Santa Fe locks when not being used by Licensee or Licensee's representative. Fences and gates to become a permanent part of project and remain in place at no cost to Licensor upon completion or termination of this License. Licensee will also install a gate at Maya Street, compatible with those previously installed upon completion of project. 3. All approaches to gates and/or access/egress shall be graded to allow the safe use by Licensor's vehicles. 5. Licensee shall keep and maintain the Premises and improvements in such safe, sanitary and sightly condition as shall be satisfactory to Licensor, and if Licensee fails or refuses within fifteen (15) days after receipt of any request by Licensor so to do, Licensor may, at its option, perform such work; and in such event Licensee shall within thirty (30) days after the rendition of bill therefor reimburse Licensor for the cost so incurred. A *1.1 It is further understood that if a Regulatory Agency prohibits any work to be done under this license/ that Marlborough Development Corporation will not be held responsible for any prohibited work. All other terms of this license shall remain in full force and effect. - 3 - Init. 1529V In using the Premises, and in constructing, maintaining, operating and using the improvements thereon. Licensee shall comply with any and all requirements imposed by federal or state statutes, or by ordinances, orders or regulations of any governmental body having jurisdiction thereover. In the event the Premises or improvements shall be used for the loading, unloading, storing, or otherwise handling of any petroleum products, Licensee shall comply with all regulations and recommendations from time to time promulgated by the Bureau of Explosives of the Association of American Railroads, or any successor agency. All artificial lighting in pump houses, warehouses, or other enclosures upon the Premises, where oil or other inflammable fluid supplies are handled or stored by Licensee, except in unbroken original containers, shall be electricity, and such electrical installation and any other electrical installation upon the Premises shall at all times conform to and be maintained in accordance with the provisions of the then current edition of the National Electrical Code with respect to Class I hazardous locations. Licensee shall promptly pay and discharge any and all liens arising out of any construction, alteration or repair work done, or suffered or permitted to be done, by Licensee on the Premises, and Licensor is hereby authorized to post any notices or take any other action upon or with respect to the Premises that is or may be permitted by law to prevent the attachment of any such liens to the Premises; provided, however, that failure of Licensor to take any such action shall not relieve Licensee of any obligation or liability under this or any other section hereof. Licensee shall at all times keep a space of 75 feet from the nearest rail of any railroad track entirely clear of structures, material and obstructions of every sort, other than those specifically caused to be as ordered herein. Licensee agrees to indemnify and save harmless Licensor against all loss, damage or expense which Licensor may sustain, incur or become liable for, including loss of or damage to property to injury to or death of persons and fines or penalties imposed upon or assessed against Licensor, arising in any manner out of (a) the use of the Premises or improvements by Licensee, (b) any breach by Licensee of the terms, covenants or conditions in this Instrument contained, or (c) the sole or contributing acts or omissions of Licensee or the employes, agents, patrons or invitees of Licensee in, on or about the Premises or improvements, except that if Licensor shall participate in any such contributing acts or omissions, then the loss, damage or expense arising therefrom shall be borne by the parties hereto equally. - 4 - 1529V 9. Neither Licensee, nor the heirs, legal representatives, successors or assigns of Licensee, nor any subsequent assignee, shall transfer or lease the Premises or the improvements, or any part hereof, nor assign or transfer this License or any interest herein, without the written consent and approval in each instance of Licensor. 10. In case of eviction of Licensee by any one owning or claiming title to or any interest in the Premises, Licensor shall not be liable to Licensee for any damage of any nature whatsoever, or to refund any compensation paid hereunder, except the proportionate part of any compensation paid in advance. 11. Notwithstanding any other provisions of this License, Licensee shall comply with all statutes, ordinances, rules, regulations, orders and decisions (hereinafter referred to as "Standards"), issued by any federal, state or local governmental body or agency established thereby (hereinafter referred to as "Authority"), relating to Licensee's use of Licensor's property hereunder. In its use of the premises, Licensee shall at all times be in full compliance with all Standards, present or future, set by any Authority, including, but not limited to, Standards concerning air quality, water quality, noise, hazardous substances and hazardous waste. In the event Licensee fails to be in full compliance with Standards set by any Authority, Licensor may, after giving reasonable notice of the failure to Licensee, and Licensee, within thirty (30) days of such notice, fails either to correct such noncompliance or to give written notice to the Licensor of its intent to contest the allegation of the noncompliance before the Authority establishing the Standard or in any other proper forum, take whatever action is necessary to protect the premises and Licensor's railroad and other adjacent property. Licensee shall reimburse the Licensor for all costs (including but not limited to, consulting, engineering, clean-up and disposal costs, and legal costs) incurred by the Licensor in complying with such Standards, and also such costs incurred by the Licensor in complying with such Standards, and also such costs incurred by the Licensor in abating a violation of such Standards, protecting against a threatened violation of such Standards, defending any claim of violation of such Standards in any proceeding before any Authority or court, and paying any fines or penalties imposed for such violations. Licensee shall assume liability for and shall save and hold harmless the Licensor from any claim of a violation of such Standards regardless of the nature thereof or the Authority or person asserting such claim, which results from Licensee's use of Licensor's premises, except those claims which arise in whole or in part from the negligence of Licensor. Licensee, at its cost, shall assume the defense of all such claims regardless of whether they are asserted against Licensee or Licensor. - 5 - 1529V Upon written notice from Licensor, Licensee agrees to assume the defense of any lawsuit, administrative action or other proceeding brought against Licensor by any public body, individual, partnership, corporation, or other legal entity, relating to any matter covered by this License for which Licensee has an obligation to assume liability for and/or to save and hold harmless the Licensor. Licensee shall pay all the costs incident to such defense, including, but not limited to, attorneys' fees, investigators' fees, litigation expenses, settlement payments, and amount paid in satisfaction of judgments. Any and all lawsuits or administrative actions brought or threatened on any theory of relief available at law, in equity or under the rules of any administrative agency shall be covered by this Section, including, but not limited to, the theories of intentional misconduct, negligence, breach of statute or ordinance, or upon any theory created by statute or ordinance, state or federal. 12. If any compensation hereunder shall be due and unpaid, or if default shall be made in any of the covenants or agreements of Licensee herein contained, or in case of any assignment or transfer of this License by operation of law, Licensor may, at its option, terminate this License by serving five (5) days' notice in writing upon Licensee; but any waiver by Licensor of any default or defaults shall not constitute a waiver of the right to terminate this Licensee for any subsequent default or defaults. 13. This License may be terminated at any time by either party upon thirty (30) days' notice in writing to be served upon the other party, stating therein the date that such termination shall take place, and upon the expiration of the time specified in such notice this License and all rights of Licensee hereunder shall absolutely cease and determine. 14. All notices to be given hereunder shall be given in writing, by depositing same in the United States mail duly registered or certified, with postage prepaid, and addressed to the Licensee or Licensor as the case may be at the address shown on the signature page hereof, or addressed to such other address as the parties hereto may from time to time designate. 15. Upon termination of this License in any manner herein provided, Licensee shall forthwith surrender to Licensor the possession of the Premises with improvements as described in Article 4C herein, and in case Licensee shall fail within thirty (30) days after the date of such termination to make such improvements may at its election to be exercised within thirty (30) days thereafter, make or cause to make the improvements to the Premises for the account of Licensee, and in such event Licensee shall within thirty (30) days after the rendition of bill therefor reimburse Licensor for the cost so incurred. - 6 - 1529V 16. If Licensee fails to surrender to Licensor the Premises, upon any termination of this License, all the liabilities and obligations of Licensee hereunder shall continue in effect until the Premises are surrendered; and no termination hereof shall release Licensee from any liability or obligation hereunder, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date of termination. 17. In the event that Licensee consists of two or more parties, all the covenants and agreements of Licensee herein contained shall be the joint and several covenants and agreements of such parties. 18. All the covenants and agreements of Licensee herein contained shall be binding upon the heirs, legal representatives, successors and assigns of Licensee, and shall inure to the benefit of the successors and assigns of Licensor. 19. Licensee will perform all work to be performed by Licensee on Licensor's property to the satisfaction of Licensor and shall reimburse Licensor for all expense including but not limited to engineering, inspection and flagging charges considered necessary by Licensor pertaining to such work. Flagging protection must be secured when License personnel or equipment are working within 25 feet of centerline of Licensor's track. Flagging protection will be assessed on a flat fee basis of $300.00 per day or any portion thereof. 20. Licensee agrees to furnish and keep in force or arrange to have furnished and keep in force insurance of all kinds and amounts specified below during the period of operation on Licensor's Premises. Licensee shall, with respect to the operations which it performs upon, beneath or adjacent to Licensor's right of way and/or track, furnish or arrange to have furnished (i) regular Contractors' Public Liability Insurance with limits of not less than Five Hundred Thousand Dollars ($500,000) for all liability arising out of bodily injuries to or death of one person and, subject to that limit for each person, One Million Dollars ($1,000,000) for all liability arising out of bodily injuries to or death of two or more persons in one accident or occurrence; and (ii) regular Contractors' Property Damage Liability Insurance with limits of not less than One Million Dollars ($1,000,000) for each occurrence for all liability arising out of damage to or loss or destruction of property. Licensee and all its contractors and subcontractors shall be named insureds either in a single policy of insurance complying with the requirements of this Section or in separate policies maintained during such periods as such contractors and/or subcontractors shall perform any work hereunder. The policy or policies insuring Licensee shall insure Licensee's contractual liability in favor of Licensor contained in Section 8 of this License. - 7 - 1529V 21. Licensee agrees to furnish or arrange to have furnished to Licensor certificates reflecting the insurance coverage or certified copy of insurance policy, if requested by Licensor, as required by Section 20 hereof. Certificates reflecting the coverage required by Section 20 shall unqualifiedly require thirty (30) days' notice to Licensor of cancellation or modification of the insurance referred to in such certificates. 22. Licensee shall not be permitted to exercise the license and permission granted hereunder until notified by Licensor that insurance furnished pursuant to Section 20 hereof is satisfactory. IN WITNESS WHEREOF, this License has been duly executed, in duplicate, by the parties hereto as of the day and year first above written. THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY By its Manager of Contracts (Licensor) MARLBOROUGH DEVELOPMENT CORP. By Its (Licensee) - 8 - 1529V/2114/5 MEMORANDUM AUGUST 3, 1989 TO: FILE FROM: Christer Westman RE: RECON LETTER DECEMBER 19, 1988 Based upon the information in the Recon Tetter and the plans provided by the Marlborough Development Company indicating the location and extent of the proposed grading, the indicated population of salt grass will not be adversely effected. This information and grading plans have been forwarded to the Coastal Commission staff with the application for a Coastal Permit to allow grading within the AT&SF right-of-way to be heard on August 10, 1989. Based on a concurring determination of insignificant adverse environmental impact, Coastal Commission staff has recommended approval of the Coastal Permit. CW:kd Recon.mem August 3, 1989 City of Carlsbad - -^ Michael G. Howes ^ '* Associate Planner _, ' V: Planning Department 1200 Elm Street Carlsbad, Ca. 92008 Re: Declaration of Annexation for Windsong Cove Dear Mr. Howes: Would you please furnish me with a copy of the Declaration of Annexation that is referred to by Mr. Richard C. Fugate in his letter of November 6, 1985- re: Lot # 5 of Carlsbad Tract 77-22. I have checked this number and also Tract 7^-22. Enclosed please find a copy of Mr. Richard Fugates letter with a description of the information re- quested by me. Thank you for your help in this matter. I am,A n Jam^s E. Hasburgh (Homeowner) 4-011 Canario Drive (Unit E) Windsong Cove-The Palms Carlsbad, Ca. 92008 Phone 4-34~64-34- Please call if further information is required. I am a concerned homeowner adjacent to the proposed development of Lot 5. enc. copy of letter from SSB SEARS SM/iNQS 701 Nonn Stand Boulevard Glendate. diitcma 91203-1213 Tgiepr.cne (313) 955-'800 VIA AIR EXPRESS November 6, 1985 Mr. Michael G. Howes Associate Planner Planning Department 1200 Elm Street Carlsbad, California 92008 Re: Windsong Cove Condominiums Dear Mr. Howes: Enclosed herewith, please find a copy of the revised "Third Declaration of Annexation for Windsong Cove" which we discussed yesterday (the "Declaration of Annexation"). The Declaration of Annexation, as revised, contains the Coastal Commission requirements in Section V and the new requirements of the City of Carlsbad in Section VI. Further, this will confirm our conversation that, in the event that Lot 5 of Carlsbad Tract 77-22 in not annexed into the existing Windsong Cove Condominium Association (i.e. , if Sears Savings Bank or a new buyer of Lot 5 choses to create a separate condominium development) , the provisions of Sections V and VI of the Annexation Agreement could be incorporated verbatim into a new set of CC&Rs and thereby satisfy the requirements of the City of Carlsbad pertaining to Lot 5 CC&Rs. You did mention that, in such event, since access to Lot 5 is by roads accross Lots 2 and 3 and Lot 4, the Lot 5 Association might have to enter into a cost-sharing agreement with the Windsong Cove Condominium Association whereby the Lot 5 Association agrees to pay for a portion of the maintenance and repair on the access roads situated on Lots 2 and 3, and Lot 4. Sears Savings Bank would have_ no objection to such a cost-sharing agreement. We thank you very much for your courtesy with" respect to the above. Sincerely , rj - , j x» rr z2 • — / 6^- <%^~&f (~- r /(^^. ^xO- Richard C. Fugate Vice President and Senior Counsel RCF:ocs *City of Carlsbadi&F -—-—_- — MB^Hmmf<aaT ffjjW'B'ysi wwww^tB?*e^lff!F9^9iwwf999w&wwu July 11, 1989 Kim Post CMB 5966 La Place Court, Suite 170 Carlsbad, CA 92008 SUBJECT: LANDSCAPE PLANS FOR WINDSONG SHORES Dear Kim: The landscape plans have been reviewed and comments have been written on the prints. Please forward the plans to the landscape architect for revisions. Once revisions have been made the plans should be resubmitted to Larry Black in care of the Planning Department for a second review. Please include the original check set with your second submittal. If you should have any questions, please contact me at 438-1161. Sincerely, CHRISTER WESTMAN Associate Planner CW:af c: Michael Holzmiller Mike Howes David Mauser Scott Evans 2O75 Las Palmas Drive • Carlsbad, California 92OO9-'1859 • (619) 138-1 161 City of Carlsbad Planning Department June 29, 1989 Leonard Bedolla Marl borough Development Corporation 28751 Rancho California Road #208 Rancho California, California 92390 SUBJECT: WINDSONG SHORES CT 83-4 Dear Leonard: Engineering and Planning staff have reviewed the submittals for Windsong Shores and have determined that prior to issuance of building permits the following items must be completed: Planning An Environmental Impact Assessment Form Part I must be submitted for environmental determinations for the "offsite" grading. 2. Provide a copy of the construction access agreement with the AT & SF Railroad for the City file. 3. Landscape plans shall be reviewed and approved which will include the location of public trails. 4. Receive all necessary approvals from the Coastal Commission. 5. A sign program shall be submitted for review and approval. 6. Provide a sight-line study indicating screening for roof mounted equipment. 7. Provide a listing of exterior elevation materials and colors and reference location on the appropriate sheets. Engineering 1. Submit grading plans for "onsite" and "offsite" work. 2. Submit a haul route and right-of-way permit application for access to Chinquapin Avenue. 3. Provide a location map of your export site. 2O75 Las Palmas Drive • Carlsbad, California 92OO9-4859 • (619) 438-1161 Leonard Bedolla June 29, 1989 Page 2 4. Submit a phasing and clean-up plan. (Restoration of haul route) Submit an improvement plan for construction access at Chinquapin Avenue. 6. Provide easements and improvement plans for the fire hydrant system and water lines. 7. Submit "as builts" for public sewer, water and storm drain. 8. Revise the garage plan (see attached check print and return it with the next submittal). \/9. Comply with all conditions of approval per Resolution No. 2186. If you should have any questions, please contact Scott Evans of the Engineering Department or me at 438-1161. Sincerely, ^ • \ U U r~~"' }•., \ ' ,. CHRISTER WESTMAN Associate Planner CW:af Attachment c: Dave Hauser Scott Evans Mike Howes Carter Darnell CM) B O R O L I O \ June 22, 1989 Mr. Marty Orenyak Director of Community Development City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA., 92009-4859 RE: Windsong Shores C.T. 83-4 i26^ gj K« ICQ CITY OFCWHSaa) ^ ^fav Dear Marty: At our meeting of June 12/ 1989, we discussed several pending issues regarding Windsong Shores. This letter is to serve as my understanding of these issues and the direction Marlborough is taking to resolve them. 1. There was uncertainty whether the final site plan was in substantial conformance with the Cities approved site plan. For your information, on June 7, 1989, we met with Mike Howes and Christer Westman and presented them with a copy of the final site plan signed by the Coastal Commission. They accepted the exhibit as the official final site plan and as being in substantial conformance to the City's original approvals. 2. You suggested certain public relation approaches with the neighborhood. We have since drafted and sent a letter to the entire neighborhood, as delivered to your office on June 14, 1989, and we are currently preparing a press release for the Blade-Tribune and Carlsbad Journal to address the construction access. 3. Loyd Hubbs mentioned that several of the homeowners indicated a grading plan should be required. A grading plan was entered with the Building Package Submittal on January 31, 1989. I indicated that after considerable investigation and conversations with the Planning, Engineering and Building Departments, it was concluded that a grading permit for this project was not required due to the fact that all excavation was within the shadow of the Building. 4. I further indicated to Mr. Hubbs that Marlborough would comply with any reasonable request by the Engineering Department for a grading permit, and was assured by Mr. Hubbs that our job mobilization start date would not suffer because of this late request for a grading permit, as a grading plan was entered by specific direction from Engineering with the Building Package Submittal January 31, 1989. SOUTHEASTERN DIVISION • 28751 RAMCHO C.ALiFOBN.A RC =:u» » *ANCHO CALIFORNIA « CALIFORNIA 92390 • 714 676-4292 Mr. Marty Orenyak Page 2 June 22, 1989 The above is presented as a record of our discussions and the follow up Marlborough has since accomplished. Should there be any disagreement or inconsistency/ please contact me promptly to avoid future misunderstandings. Sincerely/ -—Leonard Bedolla cc: Mike Holzmiller/ Planning Director/ Loyd Hubbs, City Engineer, Walter Brown, Engineering Dept., David Hauser/ Engineering Dept./ Christer ; tWestman, Planning Dept., Kim Post/ Crosby, Mead and Benton, Paula Madson, Lightfoot Planning Group, Richard Niec/ Marlborough Development SOUTHEASTERN DIVISION • 287-' RANCHO CAL!CORNIA RD -208 • 3ANCHG CALiFORMA • CALIFORNIA 93390 • 7i4 676-4292 Crosby Mead Benton & Associates, Planners • Engineers • Surveyors //,' 5966 La Place Court. Suite I ?o / ... [». wjf Carlsbad. California 92008 j >.' (619)438-1210 '-••: June 14, 1989 City of Carlsbad Job No. 300-3 Community Development Dept. File No. 3 2075 Las Palmas Drive Carlsbad, CA 92009-4859 ATTN: Marty Orenyak, Director of Community Development RE: Windsong Shores, C.T. 83-4 Dear Marty: On behalf of Marlborough Development Corporation, we are provid- ing you with the enclosed update information concerning the Windsong Shores project. The letter to the neighborhood should go in the mail today, so we have enclosed an advance copy to keep you informed. The chronologies are not being sent to the neighborhood, but are being enclosed as reference information concerning milestone events of this project. Marlborough wants to begin construction of this project just as soon as the necessary approvals and permits can be obtained. We would appreciate any assistance we can get or feedback you deem helpful toward that end. Very Truly Yours, CROSBY MEAD BENTON & ASSOCIATES Kim L. Post, P.E. Vice President KLP:ltg cc w/ enclosures: Mayor Bud Lewis, City of Carlsbad Mayor Pro Tern Ann Kulchin, City of Carlsbad Ray Patchett, City Manager, City of Carlsbad Michael Holzmiller, Planning Director, City of Carlsbad Lloyd Hubbs, City Engineer, City of Carlsbad Rick Niec, Vice President, Marlborough Development Corp Orange County Office: l 82O E. Deere Avenue. Suite l 20, Santa Ana. California 927O5 / (7 14) 261-956O Los Angeles County Office: 6345 Balboa Boulevard, Suite 14O, Encino, California 9 l 3 i 6 / (81 8) 343-5384 Riverside County Office: 29377 Rancho California Rd.. Suite 102. Rancho California, California 9239O / (7 14) 676-6O61 IHE LIGHJFOO! PLANNING GROUP June 13, 1989 Mr. Tom Lickterman Manager of Operations North County Transit District 311 South Tremont Oceanside, CA 92054 RE: Windsong Shores Dear Mr. Lickterman: This letter is to serve as a summary of our previous telephone conversations regarding the need for bus stop facilities for the Windsong Shores project in Carlsbad. It is my understanding that the North County Transit District is not interested in placing a bus stop on Chinquapin Avenue or Harbor Drive. You indicated that the existing bus stops on Jefferson and Tamarack will serve the Windsong Shores neighborhood, however, improvements to these bus stops would be appreciated. If you are in concurrence with the information contained herein, please sign below and return a copy of this letter to me. Should you have any questions, please give me a call. Sincerely,Acknowledged By: . Paula B. Madson Associate Project. Planner-Date PBM/sc cc: Tom Lickterman Manager of Operations North County Transit District Christer Westman, City of Carlsbad Leonard Bedolla, Marlborough Development Corp. 173.07/38 702 FOURTH STREET OCEANSIDE. CA 92054 (619| 722-1924 FAX (6191 433-7511 NO. 64-021-OO2 62 EXHIBIT "A" ATTACHED TO CONTRACT BETWEEN THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY AND MARLBOROUGH DEVELOPMENT COMPANY CHICAGO, ILLINOIS SCALE: 1 IN. TO None FT. CALIFORNIA DIV. 3A.H DIEQ-Q _ SUBDIV. DATE: June 28,1389 L. TRIM LINE CHIEF ENGINEER DESCRIPTION APPROVED Co' Chain link fence Q. E.S. 2284 + 50 MP230+I2H1.2 To Fuller+on DESCRIPTION Riqhf o-Teniry as shown shaded, includ ina fence and qate«. as noTed. or UJ To National City Mear Carlsbad; San Dieqo County, California C.E. DRAWING NO. 3 - IO46O DIV. DWG. NO.DIV. FILE NO.G. M. FILE NO. HOI 335Co JWE- STATE OF CALIFORNIA—THE RESOURCES AGENCY GEORGE DEUKMEJIAN, Governor CALIFORNIA COASTAL COMMISSION CAN p::oo COAST DISTRICT . 1333 CAMINO DU RIO SOU1H, SUIH 125 SAN DIEGO, CA 92108-3520 (619) 297-9740 NOTICE OF PROPOSED PERMIT AMENDMENT X TO: All Interested'Parties FROM: Peter Douglas, Executive Director DATE: June 12, 1989 ""* SUBJECT: Permit No. 6-83-613 granted to Hunt Partnership for .demolition of two residences and construction of 140 condominium units at southerly terminus of Harbor Drive between 1-5 and the AT&SF Railway right-of-way. V The Executive Director of the California Coastal Commission has reviewed a proposed amendment to the above referenced permit, which would result in the following change(s): Construct an access ramp between the AT&SF right-of-way and the most southerly portion of the construction site, including erosion control measures and hydro- seeding to stabilize the fill slopes created to construct the ramp. This amendment is considered to be IMMATERIAL and the permit will be modified accordingly if no written objections are received within ten working days of the date of this notice. This amendment has been considered "immaterial" for the following reason(s): The proposed access ramp will be located in an area that is already disturbed and no additional on-site disturbance will occur. The proposed erosion control measures including sandbag checkdams and erosion control planting will prevent any potential erosion on the proposed ramp from impacting the resources of the nearby lagoon. . If you have any questions about the proposal or wish to register an objection, please contact Paul Webb at the District Commission office. (1683N) dDCOMMOOA/'WlN HUNl* 2-1729'? iEBCDROINO RIQUISTTO DY: fiSf) *"~~ **OO/ IAND TTTU fNSURANCB COMfAKT !-JD^tecordin, ..qu..t.d By ^-^ -^ W » ^W'JUI-7 W D 00 and Ifhan Rtcordtd Raturn Toi McDOKALD, HECHT, MORLXT i Mr. A. John Recht 117 financial Square »00 •&' §treet • a Di»yo, California 92101 DECLARATION OT X&8TRICTIOHI FOR covx I I NlMt*t Of ' Condominiums •22 portion of Lot 5 '^5 portion of %4 . ^ Lot 3 There if no guarantee that all phase* will b* constructed or completed. The Owner* of • Condominium in «ach phase will receive title to a Living Dnlt plus *n undivided fractional interest as tenant in coupon to the Common Area (aa hereinafter dtflned) located within that phase. In addition, each Owner of • Cot>oami«nium will recei-ve the exclusive right to use and occupancy of a portion of the Coeimon Area witnin that phase designated aa Exclusive U«e Area*, all aa ahown on the Condominium Plan (aa hereinafter defined) covering that phase. 7,ach Owner at a Condo- minium will also receive an easement Cor Ingress, tgress and recreational ua* over portion* of the Common Area of the other phase. If all phases are completed aa planned, thera will b« a total of tMC^ondomlfilujns in the Condominium project. Each Condominium shall have appurtenant to it • membership in NIHDSOHQ COVI CONDOMINIUM ASSOCIATION, a California nonprofit Mutual »«nefit Corporation (*Co*rporatlon* ) , which will b« the management body for the condominium project. S. Before telling or conveying any interest* in the miniun Property, Declarant decire* to subject the Condominium Property in accordance with a co«»on plan to certain covenants, conditions and restrictions for the benefit of Declarant and any •nd all present and future owner* of the **al property (defined below). . I, TBEJCErORE, Declarant hereby certifies and declares and does hereby establish the following general plan for the protec- tion and benefit of all of the Real Property, and has fixed and doea hereby fix the following protective covenants, conditions and restrictions upon each and every ownership interest in the Real Property, und»r which aaid covenants, conditions and restrictions each ownership interest In tht Real Property shall b« hereafter held, used, occupied, leased, sold, encumbered, con- veyed and/or transferred. Each and all of said covenants, con- dition* and restriction* are for the purpose of protecting the value and desirability of and shall inure to the benefit of all of tb* »»al Property and shall tun with «nd b» binding upon and ••*- VIAHLBOROLGH O E V E L O P M t \ T CORPORATION, June 12, 1989 Dear Neighbor: As a builder/developer of neighborhoods and communities throughout Southern California and Arizona, we are sensitive to the concerns and conveniences of our neighbors. We know that many of the residents in the neighborhood have had questions and concerns regarding Marlborough Development's Windsong Shores project. The intent of this letter is to hopefully answer your questions and alleviate your concerns. Our legal access through Windsong Cove and The Palms condominiums has been verified and insured by Continental Land Title Company. But we have worked hard to avoid bringing construction traffic through these areas, or along Harbor Drive/ once that neighborhood concern was brought up last summer. At considerable time and expense we have been negotiating with AT&SF Railroad since then, and they have recently agreed to allow us to use the existing road in their right-of-way as a temporary construction access route. Review of this route by the City and Coastal Commission is in progress. The enclosed map shows the overall route we will use for construction access to our site. We have continued to process our grading and building plans through the Carlsbad Planning, Engineering and Building Departments, and anticipate approval to begin our grading and construction program this summer. We are also setting up meetings with neighborhood representatives and homeowners' associations to discuss our plans in greater detail. Should you have any further questions or comments, please direct them to us through your representatives so all interests can be addressed at these meetings. We have and will make every effort to keep any neighborhood inconvenience to a minimum. We sincerely want to be good neighbors and appreciate your cooperation. Sincerely, MARLBOROUGH DEVELOPMENT CORPORATION A. Niec 'President/Division Manager RAN/sk Enclosure SOUTHEASTERN DIVISION • 28751 RANCHO CALIFORNIA RD.. #208 • RANCHO CALIFORNIA. CA 92390 - (7UI 676-4292 FAX (714) 676-9550 ^^^Sssr^r--^ t^Gao/s Exhibit I WINDSONG SHORES CHRONOLOGY September 28, 1983 Planning Commission recommends approval of Tentative Map CT83-4 for 140 du and Condominium Permit CP-227 with Resolution 2186 (see Attachment A). November 1, 1983 December 13, 1983 September 1985 City Council approves CT-83-4 & CP-227 with Resolution 7384 (see Attachment B). Coastal Commission Intent to Issue Permit No. 6-83-613 issued with certain conditions (see Attachment C). Tentative Map and Condominium Permit extension requested in the event the final map was not approved prior to the expiration date. October 1985 City writes proposed additional conditions for time extension (see Attachment D) . Request never goes to hearing. December 1985 Coastal's Intent to Issue Permit extended for one year. January 28, 1986 Final Map 11484 accepted by the City Council and recorded thereafter. September 1986 Construction of Harbor Drive improvements begins. November 23, 1986 Site plan revised to reconfigure buildings per Coastal conditions. Resulted in a reduction of units from 140 to 130. Reviewed and approved by Coastal Commission (see Attachment E) . December 9, 1986 Coastal Commission recorded IOD from Sears Savings Bank for a 50-foot wide public access easement from Harbor Drive to bluff top and a 10-ft. wide lateral strip of land along the entire bluff top (see Attachment F). December 10, 1986 Landscape Plans reviewed and approved by Coastal Commission (see Attachment G) December 11, 1986 Coastal Permit issued and accompanied by letter from Coastal staff regarding pending conditional requirements (see Attachment H). June 1988 Marlborough Development Corporation purchases property Exhibit II May 26, 1988 June 1988 July 1988 July 25, 1988 September 1988 January 1989 April 1989 May 2, 1989 May 19, 1989 May 23, 1989 CURRENT CHRONOLOGY Neighborhood Meeting held regarding project and alternative access routes. Marlborough purchases property. Building and grading plans submitted for plan check. Meeting with Mayor, Mayor Pro Tern, Senior City staff, and Harbor Drive Representatives. Marlborough contacts AT&SF Railroad regarding temporary access. Building plans resubmitted for second plan check, included foundation, grading and offsite improvement plans. Building plan resubmitted for third plan check. Landscape and irrigation plan submitted for plan check. Foundation, grading and improvement plans resubmitted for a separate plan check at City's request. Application for amendment to Coastal Permit submitted for an interim construction access road. THE LIGHTFOO! PLANNING GROUP MEETING NOTES June 7, 1989 RE: Windsong Shores ATTENDEES: Mike Howes, City of Carlsbad Christer Westman, City of Carlsbad Leonard Bedolla, Marlborough Development Kim Post, Crosby, Mead, Benton Paula Madson, The Lightfoot Planning Group DISTRIBUTION: Attendees DISCUSSION ITEMS: 1. Paula indicated that an amendment to the 1983 Coastal Permit was submitted to the Coastal Commission on May 24. This amendment is requesting a "notch" cut into the site from the railroad access road for interim construction traffic. A copy of the exhibit was left with Christer. It is anticipated that this request will be nonmaterial and will be on the Coastal Commission's June agenda. 2. Subsequent to approval of the amendment, Marlborough will submit a Coastal Permit application for the permanent grading that will be done in the railroad right-of-way. The grading plan for these improvements and the Environmental Intake Form will be submitted to the City for their approval. It was uncertain, at this time, whether City approval is required prior to submittal to the Coastal Commission. 3. Chris and Mike indicated the revised site plan, dated November 26, 1986, was in substantial conformance and requested that the final site plan print be officially signed by Sharilynn Sarb, of the Coastal Commission. (The signed map is attached for your files.) The mylar of the final site plan was given to Christer. 702 FOURTH STREET OCEANSIDE. CA 92054 (G19) 722-1924 FAX (619) 433-7511 4. There was some general discussion regarding legal access through the existing condominium project. Marlborough will provide the City with documentation for their files. 5. Christer indicated the concern with the visibility of roof top equipment from 1-5, Harbor Drive and the Lagoon. Marlborough will provide the City with sight line cross-sections to illustrate the mechanical equipment will be hidden from view. 6. Mike Howes indicated sign program will require size and location of temporary signs, project identification signs and public access signs. The public access signs program will also require Coastal Commission staff approval. Public access signage must be approved prior to issuance of building permits. Staff agreed the monument sign approval can be approved prior to Certificate of Occupancy. 7. Paula will submit a letter regarding NCTD's position on bus stop requirements for this project. 8. Christer and Mike reviewed and approved the landscaped planter areas proposed for the garage. They requested the landscape plans be submitted on one sheet, at 100-scale. They also requested a cross section of the planter areas to illustrate the planters are raised from the floor level. 9. Mike and Christer indicated that a detailed subterranean landscape and irrigation plan needs to be submitted for City review and approval. 9. Christer approved the trail system, as shown on the landscape plan. 10. Christer agreed the Coast Waste Management letter has been satisfied. 11. Paula indicated the color and material board will be submitted to the City in the next couple of weeks. The above is presented as a record of our discussions and understandings. Please acknowledge your agreement with the above by signing and returning a copy of these notes. If you do not agree with any item herein, please contact me as soon as possible so we can respond appropriately. By: Paula Madson, Associate Project Planner sc Acknowledged By: Carlsbad Planning Department Date 173.07/39 CC: Marty Orenyak, City of Carlsbad MARLBDRDUGH DEVELOPMENT CORPORATION May 30, 1989 Christer Westman City of Carlsbad Planning Department 2075 Las Palmas Dr. Carlsbad, CA 92009 RE: Windsong Shores - Mini Dumpsters Dear Mr. Westman: Working with Coast Waste Management/ Inc.; our mini dumpster disposal company, we have come up with a mutually acceptable system for moving the mini dumpsters from their trash acceptance/storage locations to their pick-up and dump locations. This would be accomplished by placing a Cosco Cupler, suggested by Cubic Container Co. the supplier of bins to Coast Waste, to each bin with another placed on the maintenance vehical which will be provided to the Homeowner Assoc. maintenance man. He would be responsible to move for pick-up and dumping, then replacing in storage area. Sincerely, Leonard Bedolla Marlborough Development LB:cj SOUTHEASTERN DIVISION • 28751 RANCHO CALIFORNIA RD, #208 • RANCHO CALIFORNIA CA 92390 • (714)676-4292 FAX (714) 676-9550 .aotes THE LIGHIF001 PLANNING GROUP May 25, 1989 Mr. Christer Westman City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009-4859 RE: Windsong Shores - C-T-83, CP-227 Plan Check No. 88-0806-4200 Dear Christer: In response to your letter of April 21 and the pending issues discussed at our meeting with you and Mike Howes on May 3, we are providing you with additional information on the Windsong Shores project. First of all, due to the long history of the project, I thought it would be helpful to provide an historical chronology from the Resolution of Approval in 1983 until Marlborough purchased the property in 1988 (see Exhibit I) . Attached to the chronology are the pertinent resolutions, permits and exhibits. Please note that the Coastal Commission required revisions to the site plan subsequent to City approvals. The Coastal's conditions required an increase in the width of the public view at the terminus of Harbor Drive and that the building heights of some of the buildings be reduced to lessen the visual impact of the project. This required a reconfiguration in the buildings, which resulted in a decrease in units from 140 to 130. The Coastal Commission approved these modifications based on a revised site plan on November 23, 1986. This revised site plan may not have been given to the City, which is why there was some confusion regarding the final site plan. The approved site plan is Attachment E. 702 FOUflTH STREET OCEANSIDE. CA 92054 (619) 722-1924 FAX (619) 433-7511 Mr. Christer Westman May 25, 1989 Page 2 Also, the October 29, 1989 draft conditions to the Engineering Department from the Planning Department were never part of a resolution of approval since the time extension never required a public hearing. Therefore, it is our understanding that Marlborough is not required to comply with these conditions. Marlborough, however, is willing to continue to work with the City wherever possible. Secondly, I have attached, as Exhibit II, a chronology of what's gone on since Marlborough acquired the property. This is to illustrate that Marlborough has been actively processing the necessary construction and improvement plans and has been successfully working with the AT&SF Railroad in pursuit of an alternative access route for construction traffic. Thirdly, I would like to briefly address the status of the thirteen items listed in your April 21, 1989 letter. 1. Mylar of Final Site Plan - Will be submitted at our May 31 meeting. Print is enclosed as Attachment E. 2. Master Plan of Existing Trees - Was submitted to the City on May 2 as part of the landscape plans. 3. Detailed Plan of Storage Areas - Submitted to you on May 3 for your review and approval. 4. Parking Plan - Submitted to you at our May 3 meeting. 5. Landscape and Irrigation Plan - Submitted to the City on May 2. 6. Sign Program - Has not been completed as yet. 7. Screening of Roof Equipment - This item is per the draft conditions of October 28, 1985 that were never approved. Therefore, Marlborough is not required to provide screening as a condition of approval. However, they are willing to paint the equipment so that it blends in with the buildings. 8. Bus Stop Facilities - This item is also part of the draft conditions that were never officially adopted. I did, however, speak with the Manager of Operations, Tom Lickterman, at NCTD. He indicated that no bus stop facilities are needed for this project, either on Chinquapin or Harbor Drive. wesMr. Christer westman May 25, 1989 Page 3 9. Garden Areas within Garage - Proposed garage level landscape plan will be submitted to you at our May 31 meeting for your review and approval. 10. Color and Material Board - Will be submitted to you at our May 31 meeting. 11. Compact Parking Spaces - On garage plan that was submitted to you on May 3. 12. Location and Design of Public Trail System - Shown on conceptual landscape plans as approved by the Coastal Commission on December 10, 1986 (see Attachment G) . The specific alignment for the trail system was subsequently recorded by the Coastal Commission on December 9, 1985 (see Attachment F) . The trail is also shown on the current landscape plans that were submitted to the City on May 2. 13. Letter from Coast Waste Management - Completed. In addition, Marlborough is preparing a letter describing the internal handling of the mini- dumpsters. This will be submitted to you on May 31. Christer, I hope you find this update helpful. As you can see, Marlborough has been actively pursuing their building permits. We appreciate your review of the attached information and hope you will be able to find the Coastal revisions to the original project in substantial conformance. We look forward to meeting with you on May 31 to discuss this information in further detail. Sincerely, Paula B. Madson Associate Project Planner PBM/dlb Attachments cc: Leonard Bedolla, Marlborough Dev. Corp, Richard Niec, Marlborough Dev. Corp. Kim Post, Crosby, Mead, Benton Rob Quisenberry, Lorimar & Case Mike Howes, City of Carlsbad Exhibit I WINDSONG SHORES CHRONOLOGY September 28, 1983 Planning Commission recommends approval of Tentative Map CT83-4 for 140 du and Condominium Permit CP-227 with Resolution 2186 (see Attachment A). November 1, 1983 December 13, 1983 September 1985 City Council approves CT-83-4 & CP-227 with Resolution 7384 (see Attachment B). Coastal Commission Intent to Issue Permit No. 6-83-613 issued with certain conditions (see Attachment C). Tentative Map and Condominium Permit extension requested in the event the final map was not approved prior to the expiration date. October 1985 City writes proposed additional conditions for time extension (see Attachment D) . Request never goes to hearing. December 1985 Coastal's Intent to Issue Permit extended for one year. January 28, 1986 Final Map 11484 accepted by the City Council and recorded thereafter. September 1986 Construction of Harbor Drive improvements begins. November 23, 1986 Site plan revised to reconfigure buildings per Coastal conditions. Resulted in a reduction of units from 140 to 130. Reviewed and approved by Coastal Commission (see Attachment E). Exhibit II CURRENT CHRONOLOGY May 26, 1988 Neighborhood meeting held regarding project and alternative access routes. June 1988 Marlborough purchases property. July 1988 Building and grading plans submitted for plan check. July 22, 1988 Meeting with Mayor, Mayor Pro tern, Senior City staff, and Harbor Drive representatives. September 1988 Marlborough contacts AT&SF Railroad regarding temporary access. January 1988 Building plans resubmitted for second plan check, included foundation, grading and offsite improvement plans. April 1989 Building plan resubmitted for third plan check. May 1989 Landscape and irrigation plan submitted for plan check. May 19, 1989 Foundation, grading and improvement plans resubmitted for a separate plan check at City's request. May 2, 1989 Parking and garage plans submitted to the Planning Department for a separate plan check. May 23, 1989 Application for amendment to Coastal Permit submitted for an interim construction access road. December 9, ISaS.Ws Coastal Commission recorded IOD from Sears Savings Bank for a 50-foot wide public access easement from Harbor Drive to bluff top and a 10-ft. wide lateral strip of land along the entire bluff top (see Attachment F). December 10, 1986 Landscape Plans reviewed and approved by Coastal Commission (see Attachment G) December 11, 1986 Coastal Permit issued and accompanied by letter from Coastal staff regarding pending conditional requirements (see Attachment H). June 1988 Marlborough Development Corporation purchases property 2075 LAS PALMAS DRIVE CARLSBAD, CA 92009-4859 TELEPHONE (619)438-1161 0f PLANNING DEPARTMENT April 21, 1989 Rob Quisenberry Lorimer and Case 1747 Hancock Street San Diego, CA 92101 RE: PLAN CHECK #88-0806-4200 HARBOUR DRIVE, WINDSONG SHORES - CT 83-04/CP-227 Dear Mr. Quisenberry: Your plans have been reviewed by the Planning Department for building permit issuance and the following items must be submitted or completed prior to issuance of a permit. In addition to the following list review Planning Commission Resolution No. 2186 and the exhibits accompanying the Resolution. 1. A reproducible mylar of the final site plan shall be submitted which has incorporated all conditions of approval to the Planning Department for approval by the Planning Director. 2. A Master Plan of existing trees shall be submitted to the Planning Department prior to the issuance of grading or building permits. 3. A detailed plan indicating storage area volumes shall be submitted prior to building permit issuance. 4. Submit a separate plan illustrating the location of assigned parking spaces, storage spaces, and visitor stalls. 5. Landscape and irrigation plans shall be submitted for review prior to building permit issuance. Plans shall include perimeter fencing location and materials. 6. A sign program shall be submitted for review and approval. 7. Roof mounted equipment shall be screened. Provide details for certification. 8. Bus stop facilities shall be provided by the project. Facility design and location shall be reviewed and approved by NCTD and the Planning Director. 9. Garden areas within the garage have not been provided as per the original approval. Rob Quisenberry April 19, 1989 Page 2 10. Provide a listing of exterior elevation materials and colors and reference location on the appropriate sheets. 11. Compact spaces should be provided: 1. Sheet AG-6 by the Comm. Room. 2. Sheet AG-3 by the Electrical Mach. Room. 12. Provide a detailed plan showing the location and design of the proposed public trail system. 13. Submit a letter from Coast Waste Management stating that they have completed a review of the project and can adequately service the project. Please complete the items mentioned above and resubmit for Planning Department review. If you should have any questions, please call me at 438-1161. Sincerely, CHRISTER WESTMAN Associate Planner c: Mike Howes Carter Darnell CW:lh ct8304cp.ltr COAST WASTE MANAGEMENT, INC PHONE' 753-9412 596° BL CAMINO REAL' p- °- BOX 947- CARLSBAD, CALIFORNIA 92008 or 452-9810 McOOUGAL SANITATION DEL MAR DISPOSAL CO. CARLSBAD DISPOSAL CO. RANCHO SANTA FE DISPOSAL CO. SOLANA BEACH DISPOSAL CO. SORRENTO VALLEY DISPOSAL CO. April 3, 1989 Rob Quisenberry Architects Lorimer - Case 1747 Hancock Street San Diego, CA 92101 RE: Refuse Service for Windsong Shores, Carlsbad 2nd Review Dear Rob: I have reviewed the plans for the Windsong Shores Complex. The modifications to the trash plan appears to be adequate for us to be able to efficiently service the development. The space allocated for the bins near the underground parking access should eliminate the unnecessary costs for rolling out the bins for servicing. If you have any other questions please give me a call. Sincerely, Conrad B. Pawelski General Manager A SATISFIED CUSTOMER IS OUR FIRST CONSIDERATION FEC0NRegional Environmental Consultants December 19, 1988 2\ Mr. Kim Post Crosby Meade Benton & Associates 5966 La Place Court, Suite 170 Carlsbad, CA 92008 Reference: Wetland Check at the Windsong Shores Access Road Site (RECON Number R-1926) Dear Mr. Post: At your request, we surveyed the drainage ditch located between the AT&SF tracks and the sewer right-of-way and access road between Chinquapin Street and the YMCA Aquatic Campsite in the City of Carlsbad. The purpose of the survey was to determine whether wetlands or other significant biological resources were present which might prevent the construction of the proposed access road or the disposal of excess earth from the asso- ciated grading project. No wetland vegetation or wetlands were present in the ditch above the 10-foot mean sea level elevation. In the portion of the ditch which is located between the utility and railroad dikes out in the lagoon, the bottom of the ditch is vegetated with salt grass (Disticlis spicata) which is listed on the U.S. Fish and Wildlife Service (USFWS) wetland plant list as a 'Facultative Wetland" species (see enclosed drawing). The definition of this area as a wetland is equivocal according the current U.S. Army Corps of Engineers (USAGE) criteria, but would probably be so defined according to the USFWS definition. Since the latter definition is cited in the Coastal Commission's Statewide Interpretive Guidelines (which defines the Commission's wetland policies), we think that the placement of fill in the areas of the ditch supporting saltgrass would be difficult or impossible to obtain a coastal permit for. If the placement of fill in the lower areas of the ditch, is crucial to the feasibility of your project, we should do a more precise wetland delineation in the area by digging holes to define the extent of hydrlc soils and consult with Coastal staff to assess feasibility. Otherwise, it would be prudent to avoid the area indicated. Please call if you have any questions. Cam Patterson Ecologist, E.S.A. CCP:st cc: Rick Nice, Marlborough Development Enclosure 1276 Morena Boulevard • San Diego, CA 92110-3815 • (619) 275-3732 • FAX (619) 275-3619 2922 N. 70th Street • Scottsdale, AZ 85251 • (602) 947-8042 3120 Chicago Avenue • Riverside, CA 92507 • (714) 784-9460 2075 LAS PALMAS DRIVE • jffWtM TELEPHONE CARLSBAD, CA 92009-4859 W^ij^M (619)438-1161 nf (Earlsbab PLANNING DEPARTMENT September 22, 1988 Rob Quisenberry Lorimer and Case 1747 Hancock Street San Diego, CA. 92101 RE: PLAN CHECK NO. 880806 - 4200 HARBOR DRIVE, WINDSONG SHORES CT 83-4/CP-227 Dear Rob, The proposed construction plans for the above mentioned project do not comply with the conditions of approval of Planning Commission Resolution No. 2186 which granted approval of this project. The following items must be submitted before the Planning Department can complete a review of this project: 1. Detailed landscape plans showing all common recreation areas and the facilities within these areas. These plans shall also show bike racks, benches, and drinking fountains at the terminus of Harbor Drive. Condition Nos. 10, 12, and 22 of P.C. Resolution No. 2186. Staff has seen some preliminary plans, but we do not have any copies of these plans. 2. Detailed sign program. Condition Nos. 14 and 23 of P.C. Resolution No. 2186. 3. Plans showing a wrought iron fence along the northerly property line where it adjoins the single family homes which front on Harbor Drive. Condition No. 30 of P.C. Resolution No. 2186. 4. Detailed plans showing the location and design of the proposed public trail system. Condition No. 17 of Planning Commission Resolution No. 2186. The following problems were noted on the plans submitted and need to be corrected. 1. It appears that some of the buildings intrude into the 25' setback from the edge of the bluff. Sheet AS-2, AS-3, AS-4. This does not conform with condition No. 20 of P.C. Resolution No. 2186. 2. The siding of the building shown on the construction plans does not appear to match the siding approved by the Planning Commission. The approved exhibits show wood siding, while the construction drawings appear to show stucco siding. This type of change would have to be presented to the Planning Commission as an information item. Plan Check No. 880806 September 22, 1988 Page 2 3. There are numerous problems with the design of the underground parking garage. A. Amount of Parking It appears that only 284 parking spaces have been provided. This project requires 300 parking spaces to comply with the city's standards. B. Location of Visitor and Compact Spaces It is difficult to determine the number and location of visitor parking spaces from the plans submitted. A parking plan for the entire project showing the location of all resident and visitor parking spaces should be provided. This plan shall also show the location of all compact spaces. Assigned resident parking spaces should be within 300 feet of the unit they are assigned to. C. Trash Enclosures Access to many of the trash enclosures by Coast Waste Management would be extremely awkward if not impossible. For example: sheet AG-3, AG- 7, and AG-8, how can trash bins be removed from the trash enclosures if cars are parked in the adjacent parking spaces? A letter from Coast Waste Management stating that they have completed a detailed review of these plans and have vehicles that will be able to access these trash enclosures will be required prior to issuance of a building permit. D. Storage Areas Access to many of the storage areas will be difficult and impractical, storage areas assigned to one unit shall not be located in front of a parking space assigned to another unit. How does someone get into their storage closet if their neighbor goes on vacation and leaves a van parked in their assigned parking space which would be in front of their storage space? This situation occurs in a number of locations. The design of some of the storage areas would make it very difficult to gain access: example sheet AG-1, storage spaces 103 and 106. In addition the cubic footage of each of the storage areas must be provided to determine whether they comply with the 392 cubic foot requirement. Plan Check No. 880806 September 22, 1988 Page 3 E. Parking Space Dimensions Compact parking spaces must have a minimum width of eight feet, one of the spaces on sheet AG-6 appears to be only seven feet wide. Full size parking spaces must have a minimum width of 8^ feet. The above mentioned information should be submitted and problems corrected prior to submittal of another set of plans for plan check. Mike Howes Senior Planner cc: Richard Niec Michael Holzmiller Charlie Grimm Carter Darnell MH:kd CT834 6 September 1988 Mr. Mike Howes City of Carlsbad 2075 Las Palmas Carlsbad, Calif. 92009 Ref: Harbor Drive It is our understanding that Marlborough Construction Corp. may present council with a proposal for access to the Windsong Shores phase of the Windsong Cove Development. Because of the complexity of this development, due to changes in ownership and time of construction phases, we have assembled excerpts from the city and county records pertaining to Harbor Drive. We understand that, with the exception of some staff members, very few people have taken the opportunity to read through the city file or look at the final map. We hope you will take a few moments to review these excerpts. The documents these excerpts were taken from are labeled at the top of each page. All records are available from the City of Carlsbad. Although it is our desire to keep Harbor Drive free from construction and residential traffic as repeatedly described in the city records, we have agreed to help the city with alternate access routes. We will write to the railroad in support of any proposal presented for that access; but have not been informed (as requested) of any negotiations with the railroad that are taking place at the present time. On 30 August 1988, Marlborough attempted to remove fencing at the end of Harbor Drive. Their contention is that they have access to Harbor Drive through the cities utility and sewer access which abutt the end of Harbor Drive. The city engineer's office was notified and Marlborough replaced the fencing. Some residents of Harbor Drive have been told by residents of Windsong Cove and the Palms that Marlborough will never be allowed to access their property through those developments for any reason. As this seems to be in conflict with Resolution 2186, Page 7, Item 40, and since Marlborough has made no attempt to exercise their legal easments, we would appreciate an explanation in this matter. ncerely, ames A. Hawes or The Residents Of Harbor Drive 4065 Harbor Dr. Carlsbad, Calif. 92008 6 September 1988 Mr. Michael Holzmiller Director of Planning City of Carlsbad 2075 Las Palmas Carlsbad, Calif. 92009 Ref: Harbor Drive It is our understanding that Marlborough Construction Corp. may present council with a proposal for access to the Windsong Shores phase of the Windsong Cove Development. Because of the complexity of this development, due to changes in ownership and time of construction phases, we have assembled excerpts from the city and county records pertaining to Harbor Drive. We understand that, with the exception of some staff members, very few people have taken the opportunity to read through the city file or look at the final map. We hope you will take a few moments to review these excerpts. The documents these excerpts were taken from are labeled at the top of each page. All records are available from the City of Carlsbad. Although it is our desire to keep Harbor Drive free from construction and residential traffic as repeatedly described in the city records, we have agreed to help the city with alternate access routes. We will write to the railroad in support of any proposal presented for that access; but have not been informed (as requested) of any negotiations with the railroad that are taking place at the present time. On 30 August 1988, Marlborough attempted to remove fencing at the end of Harbor Drive. Their contention is that they have access to Harbor Drive through the cities utility and sewer access which abutt the end of Harbor Drive. The city engineer's office was notified and Marlborough replaced the fencing. Some residents of Harbor Drive have been told by residents of Windsong Cove and the Palms that Marlborough will never be allowed to access their property through those developments for any reason. As this seems to be in conflict with Resolution 2186, Page 7, Item 40, and since Marlborough has made no attempt to exercise their legal easments, we would appreciate an explanation in this matter. erely, mes A. Hawes or The Residents Of Harbor Drive 4065 Harbor Dr. Carlsbad, Calif. 92008 4 August 1988 Mr, Vincent F, Biondo, jr. City Attorney City of Carlsbad 1200 Elm Ave. Carlsbad, Calif. 92008 Ref: Marlborough Construction's Presentation. Dear Mr. Biondo, I attended a meeting on 25 July 1988 at the city offices to discuss the construction ingress and egress to the Windsong Shores PC development. I am very concerned about the validity of a study being presented by Malborough Construction Corp. The report compares pictures and dimensions of proposed construction access routes to the development. Very biased photographs taken of Harbor Dr. show a semi-truck posed in the center of the street in an area where no vehicles were parked. The camera was positioned at a much greater distance from the truck than in any of the other photographs. The photos of the other access routes were taken at a much closer distance with the vehicles positioned much closer to existing structures. The construction access to Windsong Shores which was provided when the Windsong Cove (Palm's) development was constructed is Canario St., to the west of Harbor Dr. This access was approved on the final plan and studied and approved by the city staff prior to construction. Canario St. is 24 feet wide at its narrowest point. There is no parking allowed at this point. Marlborough's report shows the "traveled way" of Harbor Dr. to be 20 feet wide, in order to compare it favorably to Canario St. The total width of Harbor Dr. is 36 feet. With 2 legal vehicles parked a legal distance :":om the curbs the "traveled way" of Harbor Dr. is 17 feet not 20 feet as presented by Marlborough. Two legal width vehicles passing on Harbor Dr. would have 12 inches of clearance to divide. By comparison, the width of a childs bicycle handlebar is 24 inches. Two legal vehicles passing on Canario St. would have 8 feet to divide for clearance. This report is being presented by Marlborough to city officials and neighbor residents in support of a political solution they are seeking to their easement desires. I urge the City of Carlsbad to look closely at the content of this misrepresentation and deny it for any consideration. les A. Hawes 365 Harbor Dr. 'Carlsbad, Calif. 92008 (619) 729-8252 • CC/Ray Patchett, Marty Orenyak, Lloyd Hobbs. Michael Holzmiller, Members of Council. 4 August 19 Mayor Claude "Bud" Lewis City of Carlsbad 1200 Elm Ave. Carlsbad, Calif. 92008 Dear Mayor Lewis, . In review of our meeting of 25 July 1988, I would like to take this opportunity to express my understanding of the items discussed, which I have related to the residents of Harbor Dr. It is our understanding that the "railroad" access is the primary desired construction route for Marlborough Construction Corporation to use to access their property. That efforts will be made, with the help of the City of Carlsbad, to obtain temporary construction access to this route from the railroad. Should these efforts fail, it is our understanding that a temporary lease will be sought by the construction company with 6 of the residences on the west side of Harbor Dr. for the use of 45 feet of the rear of their property to construct a temporary service road to the Windsong Shores property. This road would be accessed at the entrance of Canario St. to the west of Harbor Drive. The Harbor Dr. residents have expressed concern with the manner in which Marlborough may choose to deal with the railroad. We feel it is imperative that the city take an active part in any negotiations and meetings with the railroad. I request that we receive a copy of correspondence relating to these negotiations. Should the city choose not to be involved in these negotiations we feel there is little chance of Marlborough negotiating in good faith. Consider the following: • At least 6 weeks prior to meeting with us, after stating their intentions in a letter to Mr. Holzmilier on 10 May 1988, they organized a "political grandstanding" public comment at the June council meeting. Using vocal opponents of Harbor Dr. in an attempt to abrogate an agreement between the residents of Harbor Drive and the City of Carlsbad. • Prepared a biased and misrepresentative report concerning proposed construction access routes to Windsong Shores which is being presented to city officials and neighbor residents. • Has expressed very little desire to use their existing easements. The designed construction access route is through Canario St. This was studied and approved by the city staff and council prior to construction of the Palms development. • The tactic of having a meeting late in the afternoon, dominating the majority of the meeting while allowing no comments, and leaving little time for discussion or negotiation is not the hallmark of a fair and honest company. It is very difficult for us to imagine the Marlborough Construction Corporation as the "good guys" in white hats from Century City that they keep claiming to be. The resideflts-of Harbor Drive are trying to understand the political balance which Marlborough has forced all of us into during this election year. We do not understand why any problems between Marlborough and the residents of the Windsong and Palms developments are being pushed onto the residents of Harbor Dr. An agreement has existed, between the city and the residents of Harbor Drive, for more than 16 years concerning the ingress and egress from the PC developments surrounding this residential area. It is our desire to preserve the residential quality of our street and homes. Certainly 3 years of heavy construction traffic will destroy what we, as residents of Carlsbad, have traditionally enjoyed. We will do what we can to help the city find a solution to allow Marlborough to use their existing easements, or the "railroad" route. We request the city avoid any action that would allow Marlborough Construction Corporation to usurp the agreement between the residents of Harbor Drive and the City of Carlsbad as recorded in the city records and final plans. Sincerely, A. Hawes 4065 Harbor Dr. Carlsbad, Calif. 92008 (61 9) 729-8252 (Home) (619) 578-6550 Ext. 507 (Work) Courtesy Copies: Members of Council Mr. Vincent Biondo Mr. Ray Patchett Mr. Michael Holzmiller Mr. Lloyd Hobbs Mr. Marty Orenyak 4 August 1988 Mr. Marty Orenyak Director of Community Development City of Carlsbad Carlsbad, Calif. 92008 Ref: Windsong Shores Construction Access Dear Mr. Orenyak, After the meeting regarding Windsong Shores construction access on 25 July 1988,1 had the opportunity to discuss the events of that meeting with the residents of Harbor Dr. Although we were not permitted, at the meeting, to discuss the topics involved, a number of suggestions have been offered which I would like to address at this time. The decision to pursue the "railroad" route as a temporary construction access is the solution most desired by all residents. It also seems to be politically acceptable to council members. I have attached a copy of a letter sent to Mayor Lewis which expresses our feelings as to the importance of the city's involvement in any negotiations for this access. Your suggestion of switching the building phases so the east phase - (nearest the freeway) will be built first was indeed a good one. We feel this will help reduce a number of potential conflicts, which have been discussed, in regards to the time of construction of pedestrian access, etc. (Ref: 7384, #17&#30). Of major concern to the residents is the lack of discussion, at our meeting, concerning the Canario St. access route. This is the designated construction access which was approved by the city at the conception of the second phase of the project. The legal easements are in place for this route. It's "traveled way" is seven feet wider than Harbor Dr. Along the wall on the east side of Canario St. is a planted area and a trash dumpster stall. One suggested modification was to temporarily cut back the road to the brick wall and move the parking to the west side of the road. The parking spaces could be angled to allow drive thru parallel parking in the area between the access route and the garages. Moving the road back to the wall would allow additional width to what is already the widest access route available. This would also allow safe entry and exit to the garages. A suggestion was also made that although the Windsong Cove acess route is not deemed suitable for semi-truck vehicles, it does not prohibit it's use by light truck traffic or double axle dump trucks. Marlborough seems to have put little thought or effort into the use of access routes to which they have established legal rights. We feel that some effort in this area will make their existing easements the most cost effective and suitable for their construction tasks. We do not feel that Marlboroughs self-defined problems should be pushed onto the residents of Harbor Drive. As stated in our letter to Mayor Lewis it is our desire to keep the quality of life intact and not see it destroyed by three years of construction traffic. Your efforts to find a viable non-political answer to this problem should be applauded by all concerned. rely, imes A. Hawes /4065 Harbor Dr. Carlsbad, Calif. 92008 (619) 729-8252 (Home) (619) 578-6550 Ext. 507 (Work) Courtesy Copies: Members of Council Mr. Vincent Biondo Mr. Ray Patchett Mr. Michael Holzmiller Mr. Lloyd Hobbs 27 June 1988 Mayor Bud Lewis City of Carlsbad Carlsbad, Calif Dear Mayor Lewis, I recently received the attached flyer from Windsong Cove in relation to the development of the final stage of the Windsong Cove/Palms planned development community As a resident of Harbor Drive, I am obviously very concerned about any decisions concerning opening Harbor Drive to construction traffic. From the original ordinance in 1972 the only ingress and egress allowed from Harbor Drive has been a walk-thru entrance to allow access to the wetlands as prescribed by the Coastal Commission, All of the original city exhibits, provided by the developer, and City Managers Staff Report/Memorandum to the Planning Commission of 9 May 1972 (Reference: Section I, Paragraph 3 and Section IV, Paragraph 2) provide for the guidance of traffic flow in and around the development areas. The easement established by the owners of Lots No. 3 & 1 in Case No. 490779, San Diego Superior Court, and described in the California Department of Real Estate Report No. 054064LA-LOO, issued 19 April 1983, Pages 4 & 7, further establishes the ingress and egress to the property. • The owners within the Windsong/Palms development were aware of the design and easements when they purchased their property. • The interior walkways for pedestrians, and play areas for children are inside the the development center and away from traffic flow patterns. • The roadways are equipped with "speedbumps" which will limit the speed of construction vehicles and damage to the roadway surface. • Harbor Drive has no provisions for limiting the speed of construction traffic. The chances of getting law enforcement to control speed is very slim. • There are no sidewalks on Harbor Drive and the positioning of telephone poles dictate that pedestrians walk in the center portion of the roadway when passing parked vehicles. • There are over twenty pre-teen children on Harbor Drive at this time. When Harbor Drive was used for construction access to deliver building materials and remove the buildings from the property, it created some extremely dangerous situations. Traffic speed was not controlled and the drainage aprcn at the intersection of Harbor Drive and Chinquapin received so much damage from the heavy vehicles that it had to be reconstructed twice. Prior to purchasing my home in 1975 I paid the City of Carlsbad for a copy of all ordinances, resolutions, and memorandums concerning easments and access to Harbor Drive. This was the major consideration in the purchase of this property. I was reassured by the City Council and Mr. Larry Hunts in 1982 that there was no plan to provide for the opening of Harbor Drive. I believe the vision and decisions put forth on this matter by the city, from the initial planning stages through the development of the various areas, should be allowed to stand. Page 2 I suggest that the planning commission examine the access road which lies to the west of the Palms development and to the east of the railroad tracks as an alternate construction access route. This road is used primarily on v/eekends to service the YMCA camp. It can be 'accessed from Chinquapin St. or from Tamarack Ave. This access route would not impact a residential area. It is my understanding that an approved final site plan is still valid for this phase of the development. I believe it would not be in the best interests of the City of Carlsbad or its residents to put the city in a position of liability on this matter. A. Hawes '4065 Harbor Dr. Carlsbad, 92008 Courtesy Copies: Mr. Marty Orenyak Mr. Mike Howes Mr. John Mamaux Mr. Mark Pettine Ms. Ann Kulchin Mr. Eric Larsen Mr. Adam Birnbaum CARL KNOX REAL ESTATE BROKER 4130 Harbor Drive Carlsbad, CA 92008 (619) 729-8852 June 27, 1988 City of Carlsbad PLANNINGoEPARTisa 1200 Slai Street ciTYOF Carlsbad, CA 92008 CARLSSftD Attn: The Honorable Bud Lewis, Mayor and members of the city council "-_,_. Subject: Harbor Drive as access to lot 5. of Windsong Cove/Palms Dear Sirs; In May or June of 1981 in a special meeting at city hall, the original developer Mr. Larry Hunts of Papagayo/Windsong Cove/Palms and the residents of Harbor Drive, and members of the city council discussed and resolved the access question in regard to Harbor Drive. It was agreed upon by all in attendance that no access to lot 5» final phase would ever take place on Harbor Drive except for a walk through pedestrian gate at the end of the cul d sac for public access to the lagoon for viewing and fishing etc. All access to lot 5» final phase as described by Larry Hunts would take place through two access routes. One through the west corridor or Windsong Cove and a new private access street west 6f Harbor Drive whiffh is now known as Aguila Street in the Palms section of the project. The undersigned, residents of Harbor Drive desire that you honor these prior decisions and abide by the provisions set forth in the approval of the final map (No. 8107) by the city in 1951. Sincerely y 3urs, Carl Knox, For the residents of Harbor Dr ec; to council members 2075 LAS PALMAS DRIVE m^JlWJ M TELEPHONE CARLSBAD, CA 92009-4859 WT»W-#M (619)438-1161 <£ttg 0f PLANNING DEPARTMENT June 14, 1988 Melinda Young Horizons 810 Los Vallecitos Blvd., Suite B San Marcos, CA 92069 RE: LETTER OF MAY 11, 1988 REGARDING WINDSONG COVE Dear Ms. Young; This letter is in response to the above mentioned letter concerning access problems at Windsong Cove. Many of the issues brought up in your letter were discussed at the meeting you attended on June 9, 1988 between the City, The Marlborough Development Corporation and representatives of the Windsong Cove Homeowner's Association. At this meeting it was determined that Marlborough Development Corporation does have access rights through Windsong Cove to construct Windsong Shores. Representatives of the Homeowner's Association expressed concerns about the impacts this would have on the existing private driveways. Representatives of Marlborough discussed the possibility of using Harbor Drive as a construction access. They were informed that if they wished to use Harbor Drive as an access they should approach the residents of Harbor Drive and try to get their support before they proposed the idea to the City Council. Staff also advised them to investigate the possibility of gaining access to the site from the dirt road that currently provides access to the YMCA site. If Marlborough had to gain access through your project they would be required to post a bond to ensure that any damage done to the private streets was repaired in a timely manner. Questions in your letter regarding traffic safety on Chinquapin have been forwarded to Bob Johnson, the City's Traffic Engineer. Michael Holzmiller is in charge of the Planning Department which does not handle traffic safety issues. Mr. Johnson will either contact you by phone or send you a letter regarding your concerns. Melinda Young June 14, 1988 Page Two Attached to this letter is a copy of the approved exhibits and conditions of approval for CT 83-4/CP-277 Windsong Shores. I would like to apologize for the delay in responding to your letter. Due to a heavy workload I was unable to get to it sooner. If I can be of any further assistance, please feel free to contact me. Sincerely, MIKE HOWES Senior Planner MH:af Enclosure c: Ray Patchett Marty Orenyak Michael Holzmiller Charlie Grimm CARL KNOX REAL ESTATE BROKER 4130 Harbor Drive Carlsbad, CA 92008 (619) 729-8852 4025 Harbor Drive 4030 Harbor Drive <f/V 4045 Harbor Drive 4050 Harbor Drive 4065 Harbor Drive 4070 Harbor Drive 4075 Harbor Drive 4080 Harbor Drive 4095 Harbor Drive 4092 Harbor Drive — -L -• jnarbor uriv 4130 Harbor Drive 4145 Harbor Drive '\ 4150 Harbor Drive 4l65 Harbor Drive 4170 Harbor Drive June 14, 1988 Dear Windsong Cove/Palms Homeowner: As you may be aware, Windsong Cove/Palms was originally designed as a five phase project consisting of approximately 250 units. Obviously, only the first three phases were developed which now comprise a total of 161 units. The undeveloped property consists of Lot 5 which is located adjacent to the lagoon and abutt.; the south end of the Palms and the Cove. At this time, interest has been expresses in developing Lot 5. THE PROPOSED DEVELOPMENT OF LOT 5 SERIOUSLY IMPACTS YOUR ASSOCIATION. The developer claims that easements exis;. within the Association which would allow construction and residential traffic to access Lot 5 throug the existing development of Windsong Cov,./Palms. In order to- most effectively address thi- issue, the Board of Directors has determined the following: 1. Any units constructed on Lot 5 could not be annexed into the Associ ation without approval of two-thirds of .-he membership. Therefore, wit- the exception of tne security gate and internal streets, common area facilities would not be shared v/ithout membership approval. 2. The purchaser of Lot 5 is Marlborougn Development. Marlborough Development is located in Rancho California. It is their intent to develop approximately 130 "up-scale" condominiums. Currently, Marl- borough Development is attempting to gain City approval for a "haul route pass" from Harbor Drive. This wou ..d allow construction traffic to access Lot 5 from Harbor. 3. When the final Map (No. 8107) was or-.ginally approved by the City of Carlsbad, Harbor Drive was not considered suitable public access to Lot 5. Obviously, it is to the benefit of the A. .sociation that construction ar. residential access to Lot 5 not be grant d across Windsong Cove prooert This can be accomplished through legal a.-tion and bv applying political pressure to your City Council Members as well as the City of Carlsoad. Therefore, your individual support and Concern become paramount in dealing with this issue. Windsong Cove Proposed Development of Lot 5 Page 2 This correspondence is being distributed oy concerned homeowners. As you receive it, you will be apprised of Council Meeting dates and any other "grass-roots" activity. You are encouraged ro voice your concerns and lend your support by attending Council Meetings and corresponding with your Council Members Should you have any further questions, please feel free to contact me. Sincerely, FOR THE WINDSONG COVE CONDOMINIUM ASSOCIATION BOAR$ OF/-DIRECTORS Young Horizons 81 O Los Vallecitos Blvd.. Suite B San Marcos. California 92O69 [619] 744-920O [61 9] 941-54OO May 11, 1988 Mr. Ray Patchett $i- City Manager City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 RE: Windsong Cove Homeowners' Association Dear Mr. Patchett: At the last Board of Directors' Meeting, both Ann Kulchin and Planning Director Mike Holzmiller were invited to attend to hear concerns regarding proposed annexation to the Assoc- iation, as well as health and safety issues. Ms. Kulchin suggested that we direct this correspondence to you. We have listed the issues that are of major concern to us: 1) It is our belief that the proposed annexation would be in violation of the CC&Rs - Page 25, Section 11 (b). (A copy is enclosed for your review). It appears tht the right to annex has expired on August 8, 1987. 2) Should the development proceed - we would like to go on record with the following concerns that need to be addressed: a) A major concern is for the health and safety of our residents. Can we be assured that there will be adequate access for emergency services? b) The present entrance roads are barely sufficient for the volume of traffic at existing levels. We feel that major damage may occur to the asphalt and drains beneath the asphalt - due to any con- struction traffic or increased traffic volume. The Association has also recently spent funds on the installation of speed bumps, and these surely would be decimated. c) The roads do not seern to meet City standards at this time. Will new roads need to be constructed? (Specifically, all roads within the project). Community Association/Property Management Mr. Ray Patchett City Manager May 11, 1988 Page -2- d) In reviewing the sub-division map, it appears as if the developer would need to remove one small spa in the rear of the project. Is that accurate? e) We are concerned about access through the security gates. At this time construction trucks would not be able to traverse through the existing set-up. f) We are also concerned about the ultimate decline in property value - due to the problems which will arise in construction, including property damage re- sulting from inadequate access. g) And, if development is approved, why can't access be granted through Harbor Drive or on a finished road outside the Palms by the YMCA park? 3) We have also outlined issues regarding traffic safety on Chinquapin to Mr. Holzmiller. We would like your response to the following: a) Jefferson and Chinquapin intersect. At this time a "YIELD" sign is not sufficient. We would like to have a "STOP" sign reinstalled. b) The "NOT A THROUGH STREET" sign does not seem to be effective at the corner of Chinquapin and Jefferson. Perhaps this sign could be relocated for greater visibility. c) The exit at Windsong Cove is very dangerous when vehicles are parked on the east side of the driveway, We would like to have this area designated as a "NO PARKING ZONE;" red curbed if necessary. In summation, the homeowners at Windsong Cove Homeowners' Assoc- iation have many concerns to which they would like the City to respond to. We also request that a copy of the final sub-division map, as well as the stipulated conditions or provision for development be forwarded to the Association. And, if they are on file with the City, we request a copy of the original plumbing and elec- trical plans for Windsong Cove. These have never been supplied to the Association by Sears. We appreciate your review and look forward to your response to these issues. Sincerely, FOR THE BOARD OF DIRECTORS Ypung\-xmexinuct luunyy < Project Manager J cc: Ann Kulchin/Councilwoman V- -; v" " Mike Holzmiller/Planning Director /msr MARLQQRaUBH DEVELOPMENT CORPORATION May 10, 1988 City of Oceanside Mr. Michael G. Holzmiller Director of Planning City of Carlsbad 2075 Las Palmas Dr. Carlsbad, CA 92009-4859 RE: Windsong Cove Property, 130 Condominiums Carlsbad Tract 83-4, Map 11484 Dear Mr. Holzmiller: Marlborough has recently met with City staff on two occasions, most recently last Wednesday, April 27, 1988 with Michael Howes, Adrienne Landers, and Walter Brown. As of this date, we have entered into a purchase agreement with Sears Savings Bank to purchase recorded map number 11484 (Carlsbad Tract #83- 4) and all entitlements to build the 130 condominium units known as Windsong Cove. At our meetings with staff, we discussed some of the critical issues that need to be answered during the next 20 days in order that Marlborough can proceed with the acquisition of the property. It was suggested that we make a formal written request to the City on certain questions of major concern and I would very much appreciate whatever written responses you can provide us prior to May 20th in order that we may finalize our contract with Sears. ACCESS ROUTE It is Marlborough's position that access to Tract 83-4 was granted by recorded easements through Grant Deeds over Lots 2, 3 & 4 of Tract Map 74-22. It is also our position that these easements are available for ingress, egress and construction and development of the referenced property. We also are of the opinion that as a practical matter, the development of the referenced property would be best served by using Harbor Drive as a temporary construction route to Tamarack. (Please see attached proposed construction route). We understand that direct access to Harbor Drive from the referenced property has been relinquished on the recorded map due to the sensitive nature of this project and the Harbor Drive residences. Technically, the attached exhibit shows a legal access which was not relinquished through a 30' easement off of the referenced property, and access to Harbor Drive through that easement. Our question is: If most of the Harbor Drive homeowners can somehow be accommodated through Marlborough's efforts and if most of the residents sign an agreement stating that, ^they recognize Marlborough's intended use of Harbor Drive as a_ construction route for a_ period of approximately _3 years and that an agreed accommodation plan has been found to be acceptable" ,~would the" City approve Harbor Drive as our temporary construction route? Marlborough understands that certain repair, reconstruction or sealing of Harbor Drive may have to be bonded for and completed at the end of the Use Permit. SOUTHEASTERN DIVISION ° 28751 RANCHO CALIFORNIA RD. #208 ° RANCHO CALIFORNIA " CALIFORNIA 92390 ° 714 676-4292 PUBLIC FACILITIES FEE The attached agreement was entered into on October 24, 1985 between Allstate and the City of Carlsbad for the payment of a Public Facilities Fee. Under Paragraph 8 of the Agreement, this Agreement can be transferred. When transferred to Marlborough Development will there be any additional public facility fee charges or fees in kind in addition to those identified in the agreement which was set at 2-1/2% of the building valuation. If so what amount and why? PARK FEES The attached agreement was entered into between the City of Carlsbad and Allstate for the payment of fees in lieu of Park Land for the development of this property. The agreement attached hereto is also transferable and our question is: Is there any additional Park fees other than those identified under the agreement which Marlborough will be subject to? If so, what amount and why. ARCHAEOLOGY The Environmental Impact Report for this property as well as the Conditions of Approval, required specific archaeological requirements regarding the W-131 archaeological site. The attached study has been completed and we have been informed by Westec that the archaeological Conditions regarding this property have been satisfied. If this is not the case, we would very much like to be so informed. TRAFFIC SIGNAL Per conditions number 6-A of the Tentative Map a traffic signal had to be installed atJefferson St. & Tamarack Ave. It is our understanding that a signal has been installed and this Condition has therefore been satisfied. Please inform ma if this Condition has not been satisfied or if Marlborough will be responsible for any additional fees to satisfy this condition. We would be most appreciative if we could receive your written confirmation to these questions before May 20 to allow us to make our final determination on the purchase of this property. Thank you very much for your assistance. Sincerely yours, MARLBOROUGH DEVELOPMENT CORPORATION A. Niec President-Division Manager RAN/cv cc: Mike Howes Adrienne Landers Walter Brown Larry Knopf, Sears Savings Bank SOUTHEASTERN DIVISION o 28751 RANCHO CALIFORNIA RD. #208 • RANCHO CALIFORNIA ° CALIFORNIA 92390 « 714 676-4292 MEMO TO: MIKE HOWES, SENIOR PLANNER From: Murray Fulford, Assistant Planner LANDSCAPE PLAN "WINDSONG SHORES" The symbols are not identified, but it looks as if it needs more trees between water and building to soften and screen the buildings. If the circle with dot is going to be a palm (as it appears from the legend), these will do nothing to soften, screen, or enhance the view of the project from Agua Hedionda or the western side. They are okay (I guess) as street trees, but because they are so narrow and minimal, they need to be much closer than 40 feet O.C. On the plan they are 20 feet O.C. — this is okay. I would discourage widespread use of palms throughout the project, but they are good as a grouping when clustered for ifocal effect or to frame a view. Summary Lots of trees are needed around the buildings to help blend them with the surrounding open areas. Tree Survey There seem to some worthwhile mature macadamia trees being removed — perhaps they can be used elsewhere on site. MF:dm 3 -30- PLANNING DEPARTMENT 2075 LAS PALMAS DRIVE CARLSBAD, CALIFORNIA 92009-4859 (619)438-1161 dtp of Carteimb January 6, 1988 C. N. Willess, President Gold Coast Surveying, Inc. P.O. Box 1876 Vista, CA 92083 RE: WINDSONG SHORES (CT 83-4) Dear Mr. Willess: In response to your request to construct Windsong Shores in phases, we cannot create new phasing for a final map that was approved as one phase. We would require you to take the tentative map back to the Planning Commission. What you can do, however, is to pull your building permits in whatever numbers you choose, after the infrastructure is in place per your originally-approved map. We occasionally approve requests to make minor changes to existing phasing plans, such as changing the sequence of the phasing, but as I mentioned, we cannot create new phasing for a project without re-reviewing the project and going back to Planning Commission. Please call me or Nancy Rollman of my staff, if you have further questions. Sincerely, /fKW MICHAEL 3. HOLZMILLER Planning Director M3H:NER/af Horizons 81 O Los Vallecitos Blvd.. Suite B San Marcos. California 92O69 [619] 744-92OO [61 9] 941-54OQ May 11, 1988 Mr. Ray Patchett City Manager City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 RE: Windsong Cove Homeowners' Association Dear Mr. Patchett: At the last Board of Directors' Meeting, both Ann Kulchin and Planning Director Mike Holzmiller were invited to attend to hear concerns regarding proposed annexation to the Assoc- iation, as well as health and safety issues. Ms. Kulchin suggested that we direct this correspondence to you. We have listed the issues that are of major concern to us: 1) It is our belief that the proposed annexation would be in violation of the CC&Rs - Page 25, Section 11 (b). (A copy is enclosed for your review). It appears tht the right to annex has expired on August 8, 1987. 2) Should the development proceed - we would like to go on record with the following concerns that need to be addressed: a) A major concern is for the health and safety of our residents. Can we be assured that there will be adequate access for emergency services? b) The present entrance roads are barely sufficient for the volume of traffic at existing levels. We feel that major damage may occur to the asphalt and drains beneath the asphalt - due to any con- struction traffic or increased traffic volume. The Association has also recently spent funds on the installation of speed bumps, and these surely would be decimated. c) The roads do not seem to meet City standards at this time. Will new roads need to be constructed? (Specifically, all roads within the project). Community Association/Property Management Mr. Ray P'atchett City Manager May 11, 1988 Page -2- d) In reviewing the sub-division map, it appears as if the developer would need to remove one small spa in the rear of the project. Is that accurate? e) We are concerned about access through the security gates. At this time construction trucks would not be able to traverse through the existing set-up. f) We are also concerned about the ultimate decline in property value - due to the problems which will arise in construction, including property damage re- sulting from inadequate access. g) And, if development is approved, why can't access be granted through Harbor Drive or on a finished road outside the Palms by the YMCA park? 3) We have also outlined issues regarding traffic safety on Chinquapin to Mr. Holzmiller. We would like your response to the following: a) Jefferson and Chinquapin intersect. At this time a "YIELD" sign is not sufficient. We would like to have a "STOP" sign reinstalled. b) The "NOT A THROUGH STREET" sign does not seem to be effective at the corner of Chinquapin and Jefferson. Perhaps this sign could be relocated for greater visibility. c) The exit at Windsong Cove is very dangerous when vehicles are parked on the east side of the driveway, We would like to have this area designated as a "NO PARKING ZONE;" red curbed if necessary. In summation, the homeowners at Windsong Cove Homeowners' Assoc- iation have many concerns to which they would like the City to respond to.... We also request that a copy of the final sub-division map, as well as the stipulated conditions or provision for development be forwarded to the Association. And, if they are on file with the City, we request a copy of the original plumbing and elec- trical plans for Windsong Cove. These have never been supplied to the Association by Sears. We appreciate your review and look forward to your response to these issues. Sincerely, F0R THE BOARD OF DIRECTORS ....MeTinda YoungN s Project M^nag^r ) cc: Ann Kulchin/Councilwoman x—J '" Mike Holzmiller/Planning Director /msr I MARLBOROUEH DEVELOPMENT CORPORATION May 10, 1988 City of Oceanside Mr. Michael G. Holzmiller Director of Planning City of Carlsbad 2075 Las Palmas Dr. Carlsbad, CA 92009-4859 RE: Windsong Cove Property, 130 Condominiums Carlsbad Tract 83-4, Map 11484 Dear Mr. Holzmiller: Marlborough has recently met with City staff on two occasions, most recently last Wednesday, April 27, 1988 with Michael Howes, Adrienne Landers, and Walter Brown. As of this date, we have entered into a purchase agreement with Sears Savings Bank to purchase recorded map number 11484 (Carlsbad Tract #83- 4) and all entitlements to build the 130 condominium units known as Windsong Cove. At our meetings with staff, we discussed some of the critical issues that need to be answered during the next 20 days in order that Marlborough can proceed with the acquisition of the property. It was suggested that we make a formal written request to the City on certain questions of major concern and I would very much appreciate whatever written responses you can provide us prior to May 20th in order that we may finalize our contract with Sears. ACCESS ROUTE It is Marlborough's position that access to Tract 83-4 was granted by recorded easements through Grant Deeds over Lots 2, 3 & 4 of Tract Map 74-22. It is also our position that these easements are available for ingress, egress and construction and development of the referenced property. We also are of the opinion that as a practical matter, the development of the referenced property would be best served by using Harbor Drive as a temporary construction route to Tamarack. (Please see attached proposed construction route). We understand that direct access to Harbor Drive from the referenced property has been relinquished on the recorded map due to the sensitive nature of this project and the Harbor Drive residences. Technically, the attached exhibit shows a legal access which was not relinquished through a 30' easement off of the referenced property, and access to Harbor Drive through that easement. Our question is: If most of the Harbor Drive homeowners can somehow be accommodated through Marlborough's efforts and if most of the residents sign an agreement stating that, "they recognize Marlborough's intended use of Harbor Drive as a_ construction route for a. period of approximately 3 years and that an agreed accommodation plan has been found to be acceptable" /~would the" City approve Harbor Drive as our temporary construction route? Marlborough understands that certain repair, reconstruction or sealing of Harbor Drive may have to be bonded for and completed at the end of the Use Permit. SOUTHEASTERN DIVISION • 28751 RANCHO CALIFORNIA RD. #208 • RANCHO CALIFORNIA » CALIFORNIA 92390 • 714 676-4292 PUBLIC FACILITIES FEE The attached agreement was entered into on October 24, 1985 between Allstate and the City of Carlsbad for the payment of a Public Facilities Fee. Under Paragraph 8 of the Agreement, this Agreement can be transferred. When transferred to Marlborough Development will there be any additional public facility fee charges or fees in kind in addition to those identified in the agreement which was set at 2-1/2% of the building valuation. If so what amount and why? PARK FEES The attached agreement was entered into between the City of Carlsbad and Allstate for the payment of fees in lieu of Park Land for the development of this property. The agreement attached hereto is also transferable and our question is: Is there any additional Park fees other than those identified under the agreement which Marlborough will be subject to? If so, what amount and why. ARCHAEOLOGY The Environmental Impact Report for this property as well as the Conditions of Approval, required specific archaeological requirements regarding the W-131 archaeological site. The attached study has been completed and we have been informed by Westec that the archaeological Conditions regarding this property have been satisfied. If this is not the case, we would very much like to be so informed. TRAFFIC SIGNAL Per conditions number 6-A of the Tentative Map a traffic signal had to be installed atJefferson St. & Tamarack Ave. It is our understanding that a signal has been installed and this Condition has therefore been satisfied. Please inform ma if this Condition has not been satisfied or if Marlborough will be responsible for any additional fees to satisfy this condition. We would be most appreciative if we could receive your written confirmation to these questions before May 20 to allow us to make our final determination on the purchase of this property. Thank you very much for your assistance. Sincerely yours, MARLBOROUGH DEVELOPMENT CORPORATION A. Niec President-Division Manager RAN/cv cc: Mike Howes Adrienne Landers Walter Brown Larry Knopf, Sears Savings Bank SOUTHEASTERN DIVISION • 28751 RANCHO CALIFORNIA RD. #208 • RANCHO CALIFORNIA • CALIFORNIA 92390 • 714 676^292 t MEMO TO: MIKE HOWES, SENIOR PLANNER From: Murray Fulford, Assistant Planner LANDSCAPE PLAN "WINDSONG SHORES" The symbols are not identified, but it looks as if it needs more trees between water and building to soften and screen the buildings. If the circle with dot is going to be a palm (as it appears from the legend), these will do nothing to soften, screen, or enhance the view of the project from Agua Hedionda or the western side. They are okay (I guess) as street trees, but because they are so narrow and minimal, they need to be much closer than 40 feet O.C. On the plan they are 20 feet O.C. — this is okay. I would discourage widespread use of palms throughout the project, but they are good as a grouping when clustered for ^ocal effect or to frame a view. Summary Lots of trees are needed around the buildings to help blend them with the surrounding open areas. Tree Survey There seem to some worthwhile mature macadamia trees being removed — perhaps they can be used elsewhere on site. MF:dm it*/ PLANNING DEPARTMENT 2075 LAS PALMAS DRIVE CARLSBAD, CALIFORNIA 92009-4859 (619)438-1161 Cttp of Cartebab January 6, 1988 C. N. Willess, President Gold Coast Surveying, Inc. P.O. Box 1876 Vista, CA 92083 RE: WINDSONG SHORES (CT 83-4) Dear Mr. Willess: In response to your request to construct Windsong Shores in phases, we cannot create new phasing for a final map that was approved as one phase. We would require you to take the tentative map back to the Planning Commission. What you can do, however, is to pull your building permits in whatever numbers you choose, after the infrastructure is in place per your originally-approved map. We occasionally approve requests to make minor changes to existing phasing plans, such as changing the sequence of the phasing, but as I mentioned, we cannot create new phasing for project without re-reviewing the project and going back to Planning Commission. Please call me or Nancy Rollman of my staff, if you have further questions. Sincerely, MICHAEL 3. HOLZMILLER Planning Director M3H:NER/af GOLD COAST SURVEYING. INC. P.O. BOX 1876 VISTA, CALIFORNIA 92083 /K (619) 758-7732 / I \ JN 83005.1 December 28, 1987 City of Carlsbad, Community Development 2075 Las Palmas Drive Carlsbad, CA 92009-4859 Attn: Michael Holzmiller, Planning Director RE: Windsong Shores Dear Mr. Holzmiller: Pursuant to our conversation with a member of your staff, Nancy Rollman, December 23, 1987, and at her request, we submit the following: At the request of our client, Sears Savings Bank, we are attempting to bring the last portion of the Windsong Shores condominium development to the building permit stage. At a minimum, it would be desirable to build the project in two (2) phases. Would our clients be allowed to construct this project in three (3) phases on the two (2) parcels as they now exist? Further, would this three (3) phase construction be allowed if it could be demonstrated that this could be accomplished and provide the necessary infrastructure facilities (i.e. sewer, water, storm drains, traffic and utilities) to support each phase as they are developed? Enclosed please find three (3) copies each of the architect's (Lorimer-Case) site plan, the site grading and drainage plan by Post Engineering Consultants and Map 11484 (the final map). As time is of the essence, a timely response to these questions would be greatly appreciated. Should you have any questions regarding this matter, please do not hesitate to call Very truly yours, GOLD COAST SURVEYING, INC. C- C. N. Willess, L.S. President CNW/m enclosures xc - Don Deemar, Sears Savings Bank xc - Scott Bernet, Lorimer-Case GOLD COAST SURVEYING. INC. P.O. BOX 1876 VISTA, CALIFORNIA 92083 M (619) 758-7732 / I \ 83005.1 October 4, 1985 City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Attn: Engineering Department City Engineer Dear Mr. Donovan: This letter is to request an extension per Chapter 20.12.110 of City code for Tentative Tract Map No. CT 83-4, Windsong Shores. We, Gold Coast Surveying, Inc., representative of the owner, request extension of CT 83-4 because the conditions of the City of Carlsbad have not been satisfied as of this date, and more time may be needed to comply to these conditions. We request this extension understanding that this extension will not be processed unless we are unable to satisfy the City of Carlsbad conditions before the Tentative Map expires and that all fees for this extension will be returned if extension is not processed. Enclosed is check no. 1845 in the amount of $500. Sincerely, Gold Coast Surveying, Inc. Nathan C. Willess, President NCW/m enc pctgctyo terprises April 11, 1985 Mr. Marty Orenyak Building & Planning Director City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 *t JEIV APR 171985 CITY OF CARLSBAD Building Department Dear Marty, Pursuant to your request yesterday, I am enclosing several letters regarding Windsong Cove. I have noted that the temporary sales office constructed at Windsong Cove is no longer in use, but has not been removed. The structure was designed and permitted as a temporary structure. In order to obtain the City's consent to construct the sales office, we agreed that no occupancy certificates would be requested on five of the Windsong Cove units until the structure was removed. The letter dated October 26, 1983 discusses this agreement. You asked that I also confirm to you my understanding of any additional unfulfilled conditions for the development. The original permit included a number of standard conditions. The major improvements were to be a traffic signal light at Tamarack and Jefferson and the improvement of Chinquapin Avenue. Because the original approval was for a specific plan, land- scaping and recreation facilities were also subject to City approval. When PAPAGAYO Enterprises obtained the building permits for Lot 4, a planned landscaping revision had not been completed. I agreed to submit the plans to the City for review and approval when they were completed. Based on the assurance, set forth in a letter to Mike Howes dated November 23, 1982, the City issued building permits. The only other condition which I am aware of at this time is the requirement to install a sidewalk along Chinquapin Avenue. As you will recall, during construction on Lot 2 a question arose as to the method of determining the height of the Windsong Cove units on Kalpati Street. In order to resolve this question expeditiously, we agreed to the sidewalk 2725 Jefferson, Suite 11 • P.O. Box 787, Carlsbad, California 92008 « (619)434-6111 Page 2 installation. Because the improvement had not been completed when the Lot 4 building permits were requested, an additional letter to Mike Howes on November 23, 1982 agreed that no oc- cupancy would be allowed on Lot 4 until the sidewalk was in- stalled. It was nice speaking to you again. If I can be of any additional assistance, please let me know. Sincerely, .^ Larry D . Hunts PAPAGAYO Enterprises LDH/dck enc . pogayo nterpriscs October 26 , 1983 Mr . Tony Ma ta Senior Building inspector Buil ng Inspection Department City of C a r1s b a • • 1200 Elm Avenue Carlsbad, CA 9 20u •..' R £ .- Sales Office >/1 n d s o n g C o v e C a r 1 s b a d ". A When L originally requested permission to construct the temporary addition to 4005 L a y a n g - L a y a n q Circle, which we are using as 3 sales office, the City staff member with whom I was dealing wanted some assurance that the structure •.-.• o u 1 d be removed w he n sale:, were discontinued. L r. order ; provide him this assurance, I agreed that I would not request certificates of occupancy for the five units in this building until the structure was removed. This e s t a b 1 L s h e d five "hostage" units. As you know, we have recently completed five new models in the northwest end of 4007 Layang-Layang Circle. Pursuant to our conversation on Friday, this letter shall serve as an agreement that no certificate of occupancy will be requested for 4007 F, G, H, I & J until such time as the temporary sales office is removed from 4006. This again will provide you with a substantial security for our performance. As you have requested, I have enclosed a copy of our authori- zation to open escrow on 4006-B, the only sale in this building for which we currently have these documents. Please note that item 5 under instructions specifies the conditions for our rental of the garage space which is being used as a part of the o i. :\ c e r e L v , f., jfr-v D. Hunts 2755 Jefferson. Suitu 15 • P.O. Box 787. Carlsbad, California 92008 • (619)434-6111 DEVELOPMENTAL Ilw~^=B^TQ 120° ELM AVENUE SERVICES II ^^7 m CARLSBAD, CALIFORNIA 92008-1989 LAND USE PLANNING OFFICE W^I'&Mi (619)438-5591 Citp of Cartebab September 16, 1983 Hunts Partnership 2755 Jefferson St., Suite #15 P. 0. Box 787 Carlsbad, CA 92008 SUBJECT: EIR 83-3/CT 83-4/CP-227/SUP-8 WINDSONG SHORES Preliminary Staff Report The preliminary staff report for the above referenced project has been completed. A copy of the report, including the recom- mendation and conditions, is enclosed. This preliminary report will be discussed by staff at the Development Coordinating Committee (D.C.C.) meeting which will be held on September 20, 1983, beginning at 9:50 a.m. If you have any questions concerning the report, you may attend the D.C.C. meeting. If you need additional information concerning this matter, please contact the Land Use Planning Office at 438-5591. CITY OF CARLSBAD J MICHAEL J. HOLZMILLER Land Use Planning Manager Land Use Planning Office MJH:bw Enclosure Carlsbad Unified School District 8O1 Pine Avenue, Carlsbad, California 92OO8 729-9291 'Excellence In Education" BOARD OF TRUSTEES THOMAS L CURTIN, M.D. President W. ALLAN KELLY Vice President j. EDWARD SWITZER, JR. Clerk JOHN J. MAMAUX Member JULIANNE L NYCAARD Member DISTRICT ADMINISTRATION PHILIP CRIGNON, Ed.D. District Superintendent SUSAN H. LARCEN Instructional Services DAVID WM. BATES, SR. Employee Relations JAMES M. STARK Comptroller RICHARD A. SHALER Information Systems K.C. DUN LAP Facilities/Services February 25, 1983 Mr. Vernon Farrow, Jr., Chairperson and Members of the Planning Commission City of Carlsbad 1200 Elm Avenue Carlsbad, California Attention: Mr. Martin Orenyak, Building and Planning Director Reference: Hunts Partnership, Windsong Shores Our District has reviewed the proposed development consisting of 150 condominium units generally located at the south end of Harbor Drive between 1-5 and the ATSF right-of-way and has evaluated the impact of that project on the facilities of this District. The governing board wishes to advise the city officials and the residents of Carlsbad that as residential units are added to the community, it is likely that many classes in the District will be crowded, resulting in possible impairment to the educational and transportational services offered to the students, It is also likely that school schedules may have to be changed, resulting in an increase in the year-round program, or double- sessions, or both. However, the District is able to assure you that school physical facilities will be available concurrent with need for this development as it is presently proposed. James Stark Comptroller ac February 18, 1983 City of Carlsbad Planning Department 1200 Elm Avenue Carlsbad, CA 92008 RE: Windsong Shores Gentlemen: This letter is an authorization and request for you to proceed with an • environmental impact report for the tentative subdivision and major condominium permit application for Windsong Shores. We understand that applicant will bear all costs incurred. Sincerely, Larry D. Hunts General Partner Hunts Partnership LDH/dck P.O. Box 787, Carlsbad, California 92008 (714) 291-3813 DEVELOPMENTAL SERVICES LAND USE PLANNING OFFICE Cttp of 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008-1989 (619) 438-5591 February 9, 1983 Larry Hunts Papagayo Enterprises 2755 Jefferson St. Carlsbad, CA 92008 Re: School Fees, Papagayo This office was recently informed by the Carlsbad Unified School District that the school fees for the latest phase of Papagayo have not yet been paid as per your agreement. . -: Please be aware that occupancy will not be granted and no other permits will be issued until these fees have been paid. If you have any questions, please call me at 438-5591. ADRIENNE LANDERS Land Use Planning Office AMLrkb cc: Mike Howes James Stark, Carlsbad Unified School District DEVELOPMENTAL SERVICES D Assistant City Manager (714) 438-5596 D Building Department (714) 438-5525 D Engineering Department (714) 438-5541 D Housing & Redevelopment Department 3096 Harding St. (714)438-5611 /Planning Department (714) 438-5591 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 November 24, 1982 Larry Hunts Papagayo Enterprises 2755 Jefferson St. Carlsbad, CA 92008 Dear Mr. Hunts: This is to acknowledge the receipt of your letter of November 23, 1982 regarding CT 74-22, Unit 4. Based on your letter staff can approve the issuance of building permits prior the approval of detailed plans for a recreation building and swimming pool. However, under no circumstances will the City allow occupancy of any units within this phase, prior to the installation of the recreation building and swimming pool. If you have any questions regarding this matter, please feel free to contact me. MICHAEL HOWES Assistant Planner MHrkb November 23, 1982 Mr. Dave Mauser Associate Civil Engineer Engineering Department City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 RE: Sidewalk Improvements Tract 74-22 Dear Mr. Mauser, The purpose of this letter is to summarize my understanding of our conversation this afternoon. I acknowledged to you that PAPAGAVO Enterprises and Allstate Savings & Loan are aware that the letter of credit held by the City for public improvements shall .ipply to the extention of the sidewalk along the south side of Chinquapin Avenue between our Lot 2 and Lot 4. We further understand that occupying of units constructed in Lot 4 will not be allowed until this sidewalk improvement is completed. If your understanding of the conversation differs, please let me know Sincerely, Larry D. Hunts, A.I.A. PAPAGAYO Enterprises ODH/dck '0 Bo- •"*'? •:'•' ioac v^ann- November 23, 1982 Mr. Michael Howes Assistant Planner City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 RE: Recreation Facilities Tract 74-22, Lot 4 Dear Mr. Howes, This letter is to confirm my conversation with you this morning in which I informed you that the details of the recreation building and swimming pool will be presented to you in landscape drawings. These facilities will meet the standards of the original specific plan approved by the City Council. You will have the opportunity to approve or disapprove the landscape and recreation plans prior to installation. Sincerely, Larry D. Hunts, A.I.A. PAPAGAYO Enterprises LDH/dck P.O. Box 787, Carlsbad, California 92008 (714) 291-3813 Papagayo II April 12, 1982 Larry Hunts Mike Howes Henry Matson Charlie Grimm Tom Hageman Mr. Hunts and Mr. Matson asked what would be involved in filing a new CT and PUD for the development of Papagayo south of the easement. They were told to submit an application for a CT and PUD along with an EIA. The site plan could be subject to modification but should be to scale. A major EIR would be required for the project. Processing an EIR could take 6 months. The steps in processing this project would be: 1. Application 2. Selection of consultant to prepare the EIR 3. EIR preparation 4. Concurrent processing of plan at applicants risk 5. Planning Commission 6. City Council 7. Coastal Commission Tom explained processing thru the Coastal Commission and said the proposed project is in conformance with the Agua Hedionda Specific Plan and city of Carlsbad General Plan and that there should be no problem with the Coastal Commission. MH:rh 8/13/82 MEMORANDUM DATE: TO: FROM: SUBJECT: March 26, 1982 JAMES HAGAMAN, PLANNING DIRECTOR Building Official BUILDING HEIGHT/PAPAGAYO DEVELOPMENT/ JEFFERSON AND CHINQUAPIN On .March 25, a physical building height measurement was taken at the above referenced project. Results of this measurement are as follows: BUILDING NUMBER HEIGHT TO GRADE 13 15 18 19 33'3" 33'9 34'6" 34'9" Buildings 21-21A-22 and 22A were not measured since they are exactly as high as previously approved adjacent structures. Exterior grade elevations were established by the Engineering department using top of curb on Chinquapin as the reference point. Height elevation measurements were taken from the average height of the highest gable of the pitched roof. Our conclusion is that none of the buildings measured exceed 35' above grade. This conclusion is valid whether we establish grade based on past or current ordinance criteria. MARTIN ORENYAK\ Building Official MO/gl cc: ACM/Development MEMORANDUM DATE: March 22, 1982 TO: Ron Beckman, Assistant City Manager/Developmental Services FROM: Bill Hofman and Mike Howes, Planning Department SUBJECT: Papagayo - Chronology 1. Zone Change from R-T and R-1 to P-C and a Specific Plan application was filed on April 18, 1972. 2. The P-C Zone, at that time, did not have a building height requirement; however, the P-C Zone did require that a build- ing height be determined as part of the Specific Pain (Ordi- nance No. 9218). Staff can find NO evidence in any of the existing files indicating a specific building height. The only indication or reference to buiding height is contained in the project's E.I.R. under "project description" which states: "Additional earth work will create east-west longitudinal mounds upon which dwelling units are to be built. The mounds will have a maximum elevation difference of 20' above the existing terrain. The maximum height of the units construc- ted on the mound will be 15' - 18' above finished grade." And a typical elevation drawing on a Tentative Tract Map sub- mitted to our department by Commissioner Jose, dated August 29, 1982, which shows the building height as it exists today. The tract map is not labled as either approved or as an offi- cial exhibit. 3. The definition of building height at the time of approval reads as follows: "Building Height" means the vertical distance measured from the official sidewalk or property line grade of the highest abutting street at the center of the building structure to the highest point of the roof." (Ordinance No. 9141, dated November 20, 1962). 6* &' Using this definition, the height of the buildings^are ap- proximately S8-^5' . 4. The Zone Change was approved on June 7, 1972; the Specific Plan was approved on June 20, 1972. 5. Condition No. 4 of the Specific Plan required the submittal of a Tentative Tract Map. The Tract Map was submitted on August 23, 1972, which corresponds with the date on Commis- sioner Jose's exhibit mentioned in No. 2 above. 6. The Tentative Tract Map contained no conditions regarding height. 7. An amendment to the Specific Plan was approved on September 11, 1974. The approval related to phasing and other public service modifications, however, did not effect any develop- ment standards. Condition No. 4 E, however, does indicate that if building permits are not issued within 5 years, the project would have to comply with existing codes. Because of the sewer moratorium, the 5 year period ends on December 1982 (see letter from Michael Holzmiller, dated December 9, 1980), thus it does not impact this development. 8. The Tentative Tract Map was approved March 4, 1975. To par- cel the site into 5 lots, no conditions regarding height were contained in the ordinance. 9. January 13, 1975, an application was received for SP166, which would have allowed for the development of Lot 6 of Papagayo. On March 20, 1975, the applicant submitted a letter requesting that this project be tabled so that he might have time to work out the technical difficulties with all affected agencies. The Planning Commission at their March 25, 1975 meeting, voted unanimously to close and file this item without taking any action. BH:MH:rh -2- February 9, 1982 Mayor Packard and City Council via Prank Aleshire, City Manager Carlsbad City Hall Re: File Wo. 31A Papagayo Development Dear Sirs: This Correspondence is in regards to the Papagayo DShrelopment adjacent to Chinquapin Ave. in Carlsbad. Information contained in this letter was obtained from files on record at Carlsbad City Hall in particuliar File No. 31A. The original file date of this project dates back to June 1972. This .^project was approved in 1974 over the objections of the City Planning department. Some of the Objections were: 1. Traffic congestion on the street which would serve it (Document #3134 July 16, 1974 Resolution 1074.) 2. According to Resolution #786, a development should reflect a intent of the General Plan in this area and the proposed project should not be a detriment to the surrounding properties. This project was also approved over the objection and protest of well over one hundred local residents as shown in the file CT 72-13. According to the Phase Map on file, (see attached) this is the re-approved one .and not the original Phasing which the City Council approved back in 1974» the project was broken down into five developmental phases. Phase I and II are now complete and Phase III is under construction at present. Grading plans have been submitted for Phase IV. Phase V on the lagoon has not been started as of yet. According to Document Number 9401 (dated July 1974) #4 (B), Traffic Signals at Jefferson Street and Tamarack Aye. are required as part of Phase I. This signal is not presently in existance. If there is to be a study done on traffic flow in regards to the traffic signal we would like to request a study on the traffic congestion we feel would result on Chinquapin Ave. due to the proposed development. Also required under 9401 #4 (C) Full street improvements (curb, gutter, sidewalks) over southerly 32' of Chinquapin Aye, between 1-5 and Railroad are to be completed prior to occupany of Phase IV. We would also like to question how a developer can get approval to build on raided grade and then go to a questionable height limit? According to our latest city building code, Section 21.04.065 (Building Heights) in the cases where retaining walls or fill grading are utilized to create finished grade higher in elevation than preexising grade, then preexisting grade shall be used in the determination of building or structure height. Preexisting grade means the ground level elevation which existed prior to any site preparation related to or to be incorporated into, the proposed new development or alter- ation (Ord. 9498). Compliance with this ordinance is highly suspect. This letter should raise the question as to whether certain verbal or un- documented special considerations have been granted to Mr. Larry Hunts in the past. We would like to know how such a development could be approved by City Council and since years have passed and our city has changed, certain conditions should be brought up to date. We still feel outraged how a out of town developer can come into our city and our single family home neighbor- hood and gain approval of a high rise condo project. f Page 2 It is certainly possible that the requirements and stipulations for this project could have been emursed in a sea of paperwork at the Building Department and possibly overlooked or forgotten, but we feel it is the moral obligation of the developer to abide by the conditions that he agreed to. As long time residents and taxpayers of the City of Carlsbad, your response to our inquiry would be appreciated. cc: Planning Dept. cc: Engineering Dept. cc: Coastal Commission BY OUR SIGNATURES: c~c: City Attorney NAME HOW LONG / Continued signatures of the Papagayo Development/in protest to. m /fa $J' DHVcLOPMENTAL SERVICES D Assistant City Manager (714) 438-5596 D Bolldlng Department (714) 438-5525 D Engineering Department (714) 438-5541 D Housing & Rodsvelopment Department (714)433-5611 D Planning Department (714) 433-5591 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92003 of Carlsfcab December 9, 1980 Larry Hunts 832 Kalpati Carlsbad, CA 92008 RE: Specific Plan 31-A (Papagayo) • Dear Mr. Hunts, Specif..:: Plan 31-A for the development of 230 dvrelling units on property generally located east of the A.T. & S.F. Railroad, west of Interstate 5 and south of Chinqua- pin Avenue was approved by the City Council on August 24, 1974. One of. the conditions of approval; No. 4-E, stated "Building permits shall not be issued on any phase after 5 years from the date of City Council approval unless development is reviewed by the City Council to determine if development is in substantial compliance with General Plan, ordinances or policies that may have been adopted during this 5-year period." Because of the sewer moratorium, you were unable to com- plete the development of the project within 5 years. The City previously indicated that projects such as yours would not expire during the sewer moratorium. Therefore, this is to inform you that the 5-year time period was not running during the moratorium. The sewer moratorium com- menced on April 19, 1977. At that time, 2 years and 7 months had elapsed on your Specific Plan. The sewer mora- torium was lifted on July 1, 1980. 5 months have now elap- sed since that time, therefore you have 2 years or until c / 4 ^December, 1982 to comply with Condition 4-E of the Speci- fic Plan. If you have any additional questions, I may be contacted at 438-5591. CITY OF CARLSBAD MICHAEL HOLZM1LLER Principal Planner MH:jt 12/9/80 March 22, 1974 Carlsbad Unified School District 801 Pine Avenue Carlsbad, California 92008 Gentlemen-. Based upon the need of additional financial support at this time through the Carlsbad Unified School District, Hunts Partnership hereby commits to the following: 1 . Contributions to the school district based upon the fees in effect at the time of issuance of building permits, which will be issued in phases of approximately 50 dwelling units per phase, a total of 8 phases expected to be constructed, for a total of 380 dwelling units. At the present time this fee will be $393.00 per dwelling u-iir to be constructed. Said agreement to be re-negotiated based on the fees currently in effect if construction period exceeds two-year time from tentative tract map filing. 2. It is expected that this project extend over a five-year period from start of construction. 3. Per unit school fees to be paid fo the Carlsbad Unifed School District as follows: (a) Acceptable security to be posted at time of final tract map filing. (b) Actual fees to be paid time of building permit issuance. 4. This letter constitutes a binding and irrevocable agreement on the part of Hunts Partnership, a limited partnership and subsequent owners or assigns. HUNTS PARTNERSHIP Larry J3. Hunts, GeneralPartner IflRRT D HUNTS 6 flS5Qailfc.fll.fl. Architects • Environmental Planners 3024 5th Ave., San Diego, Caiifornia:92103/(714) 291-5090 MEMO DATE: June 24, 1988 TO: RAY PATCHETT, CITY MANAGER FROM: Marty Orenyak, Community Development Director SUBJECT: ACCESS TO WINDSONG SHORES, CT 83-4/CP-227 Windsong Shores, a 130 unit condominium project, was approved by the City Council in November 1983. It was the last phase of a project that was originally known as Papagayo. The original Papagayo project had been renamed and divided into two major parts, Windsong Cove, which is existing at the present time, and Windsong Shores, which has an approved final map. See the attached location map. When the Windsong Shores project was approved, only a small portion of Windsong Cove was built. At that time the Windsong Shores was conditioned to gain access through the Windsong Cove project. See conditions numbers 38 and 40 of Planning Commission Resolution No. 2186, attached. When these conditions were placed on this project, it was envisioned that the Windsong Shores project would be developed concurrently with or shortly after the unbuilt portions of Windsong Cove. These access conditions were placed on the project in an attempt to reduce construction impacts of this project on the surrounding single family neighborhood. As shown by the location map, most of the surrounding neighborhood consists of single family homes. Many of the people living in this area were longtime Carlsbad residents who were concerned about impacts on their neighborhood from the proposed project, especially construction traffic impacts. When this project was approved, the few existing residents of Windsong Shores did not express any concerns about this project gaining access through their project. During the intervening years, the remainder of the Windsong Cove project has been developed and occupied. Now the residents of Windsong Cove are concerned about the impacts of construction traffic on their neighborhood and its existing private streets. This concern has arisen because Marlborough Development Corporation is in the process of purchasing Windsong Shores and intends to build this project. Representatives of Marlborough have talked to both the homeowners and staff about the possibility of changing construction access to Harbor Drive rather than through the project. Staff has informed them to talk to the residents of Harbor Drive and try to make some Page 2 arrangements with them to get their support before they approached the City Council with this request. Staff has informed Marlborough that it would be difficult to change the conditions of approval for this project since it has a final map that was approved in January 1986. ATTACHMENTS 1. Planning Commission Resolution No. 2186 2. Location Map 3. Staff Report, dated September 28, 1983 MH:dm xm ^:w~- y--<:^-••?:•..UTA ' ''••• "- '•Vv •:•<•».« ' -r-: •• .'-.:..;. -rl>\ • -;..-... • A -r i /n i II \ 5E £' en SE fri O. EIR 8;3 - 3/CT 03-4/CP 22^ APPLSCANTgjKBSQKG SHORES AVE AVE r- OM 5 77? a cm t/J s~bW i_ - nz£j, MAP NO. 11 48*' CARLS BAD TRACT NO. 83- 4 1 *•*. jii>j; ih I:•: r;i Kl H. ~Jto-£C/*L€ V., *»!»..« ^ «-iXa_ «WJB~~ '^"" VICINITY" M4f> SHEET 2 OF 2 SHEETS \. ' teoet/o ' TTTTTT u**r;.'ct tsurrcri vtxrt faest rttnn^ifttf^uaffe^Tt ffte ffftfgffffufMfftf Ay///</•« <e/ fae/a rwfi>vi'J.''7ffc.f!tettff.fftr '*''" amearef te-aeuu/te(ceS4.at*ft '.' > • maicara iteeuto re* '•*>** ia>fitT A- matUftf fpMf /Vnw/ny? *rlttctr-' ' • • ^ %V •'» <&\.-' Tv^ ^. .'-V^":N>.^ V^^\'\\^^ - 'HOKATU srr r m- iKorJ-fire rx&to, IS 36,34. KtKlOCIHG. FOUND rifCHfVCmm ras'ts. 351.5 pe*M*>/>aio7.lotarioHS pfxnTunTCO ef COUSTBUC-TIOH T/fi -nn nrorr n* 00*9$ or 0 &*&#$$ r*e M*ire*tt*e tr aw»w.tf>w^*tw«r ^* tvfv* ?rf ^M^»*• ** ^*r *i /» .V _ _^^r^'^m^& ^~ .*af **'**'n't *$$> "l^;N ^•-"..,-.^ ^"^ ^'t*' •<?• -• *->»•' «/»•*:•»> ^«»» .4' £>«/»/£_'/»" "%..«r»"'jr >-=»-.. v OCTOBER 28, 1985 TO: ENGINEERING DEPARTMENT FROM: PLANNING DEPARTMENT /V WINDSONG COVE AT"$*3 ""V fitofk Please add the following Planning Conditions to the above mentioned project. 1) All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, pursuant to Building Department Policy No. 80-6, to the satisfaction of the Land Use Planning Manager and Building and Planning Director. 2) The project shall provide bus stop facilities at locations subject to the satisfaction of the North County Transit Dis- trict. Said facilities shall at a minimum include a bench, free from advertising, and a pole for the bus stop sign. The bench and pole shall be designed in a manner so as to not detract from the basic architectural theme of the project and said design shall be subject to the approval of the Land Use Planning Manager and North County Transit District. 3) The developer shall display a current Zoning and Land Use Map in the sales office at all times, and/or suitable alternative to the satisfaction of the Land Use Planning Manager. 4) All sales maps that are distributed or made available to the public shall include but not be limited to trails, future and existing schools, parks, and streets. 5) Building identification and/or addresses shall be placed on all new and existing buildings so as to be plainly visible from the street or access road; color of identification and/or addresses shall contrast to their background color. 6) Prior to occupancy of any units, the applicant shall construct a directory sign at the entrance to the project. The design of this sign shall be approved by the Land Use Planning Manager. 7) If any condition for construction of any public improvements or facilities, or the payment of any fees in lieu thereof, imposed by this approval or imposed by law on this project are challenged this approval shall be suspended as provided in Government Code Section 65913.5. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. AML:bn