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Home My WebLink AboutCT 96-03; Pacific View Estates; Tentative Map (CT)4^ CITY OF CARLSBAD Afe ^J LAND USE REVIEW APPLICATION ^jf FOR PAGE 1 OF 2 1> APPLICATIONS APPLIED FOR: (CHECK BOXI | | Master Plan | [ Specific Plan [ [ Precise Development Plan [y] Tentative Tract Map f~~] Planned Development Permit [ | Non-Residential Planned Development | [ Condominium Permit [ | Special Use Permit [ [ Redevelopment Permit Obtain from Eng. Dept [ | Administrative Variance | [ Administrative Permit - 2nd Dwelling Unit ES) (FOR DEPT USE ONLY) <TT£o3 fk> fc<i3 \ | General Plan Amendment |"~[ Local Coastal Plan Amendment [%] Site Development Plan p~| Zone Change [ | Conditional Use Permit [^] Hillside Development Permit [y] Environmental Impact Assessment [ [ Variance p~| Planned Industrial Permit [ [ Coastal Development Permit [ | Planning Commission Determination | [ List any other applications not specificed (FOR DEPT USE ONLY) 5tfK*V HPT fc-°3 2) LOCATION OF PROJECT: ON THE \ NORTH SIDE OF (NORTH, SOUTH EAST, WEST) BETWEEN H0sp WAy (NAME OF STREET) 3) BRIEF LEGAL DESCRIPTION: 4) ASSESSOR PARCEL NO(S). 5) LOCAL FACILITIES [~ MANAGEMENT ZONE L 8) EXISTING ZONING 11) PROPOSED NUMBER OF / ^ RESIDENTIAL UNITS * J 1 AND CALLE ARROYO (NAME OF STREET) 8,52 AC UNIMPROVED, APN CARLSBAD VILLAGE DR. (NAME OF STREET) ST, 165-250-16 -165=259=16— \b7 - ^ \ | 6) EXISTING GENERAL PLAN A DESIGNATION _A 9) PROPOSED ZONING |pim r 12) PROPOSED NUMBER D OF LOTS ^- \\* 7) PROPOSED GENERAL PLAN p DESIGNATION 1 10) GROSS SITE ACREAGE 13) TYPE OF SUBDIVISION »UD 8,5 RES (RESIDENTIAL, COMMERCIAL .INDUSTRIAL) 14) NUMBER OF EXISTING RESIDENTIA UNITS 15) PROPOSED INDUSTRIAL OFFICE/SQUARE FOOTAGE " * L 0 N/A 16) PROPOSED COMMERCIAL SQUARE hOO'l'AUE N/A NOTE: A PROPOSED PROJECT R&Q13IRING THAT MtnLTlPUe APPLICAtTONS BE ITLEO M»ST BE SU8Mlt1«» PRIOR TO $&> P,M, A PROJECT REQUIRING THAT ONLY ONE APPLICATION BE FILED MUST BE SUBMITTED PRIOR TO 4:00 P.M. FRM000168/90 ^B CITY OF CARLSBAD ^H ^ LAND USE REVIEW APPLICATION FORM ^^ PAGE 2 OF 2 17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS J f Q2Q 19) PROPOSED INCREASE IN AVERAGE DAILY TRAFFIC 288 20) PROJECT NAME: 21) BRIEF DESCRIPTION OF PROJECT: PACIFIC VIEW ESTATES 8.52 ACRES UNDEVELOPED LAND INTO 36 SINGLE FAMILY DETACHED RESIDENTIAL HOUSING TRACT. f f 22) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS, OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPER^FW^iAX^WEWE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE \ >|2^?2:\__ • ^-SeNATURE 23) OWNER D, RYAN 24)APPUCANT PACIFIC VTFW I TT1. NAME (PRINT OR TYPE) D, RYAN NAME (PRINT OR TYPE) C/0 D. JACK MAILING ADDRESS ^o. BOX 2198 MAILING ADDRESS SAME CITY AND STATE ZIP 720~9785 CARLSBAD* ^.f^ CITY AND STATE ZIP ^ TELEPHONE (610)72-9785 I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. D, JACK FOR SIGNATURE'RYAN BY AUTHORIZAT DATE 1 CERTIFY THAT I AM THE CECAL OWNER'! REPRESENTATIVE AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. ON AUTHOR IZ/TIC FOR CITY USE ONLY FEE COMPUTATION: APPLICATION TYPE FEE REQUIRED ?G-O? •PUP tfDP - -PFF-TOTAL FEE REQUIRED DATE FEE PAID Oon soo 220 2 5 1898 DATE STAMPXAPPUCATION RECEIVED RECEIVED BY: RECEIPT NO. £.~?LfS?' 1200 CARLSBA \ ' v- -^ •• \ REC'D FROM VWXXU \ CITY OF CARLSBAD LLAGE DRIVE CARLSBAD, 434-2867 WLIFORNIA 92008 DATE ACCOUNT NO. ^ \ t\\a\ RECEIPT NO. 27459 DESCRIPTION IM Ai. r -x, \ \ '• \i; 0 -; \?\ir-, CM- r '-5\ V-. v > v v > \\\H' (U o3 b\)9 *'\ t I ^ «o3 03/25/96 \<.tV.U \)i.9UV\ i\\ 'I' V V v NOT VALID UNLESS VALIDATED BY TOTAL AMOUNT ^l In { j'. f 1...' Vy v \j L \. L\^l (.! H I- 1 (. i. ooob4? vjofe 1 1 L--tWi 16-,iW.-V'i: S C G [; U ^ ^ (' 1 '•j . 1 0 '..•• \. Vu i' 1HU M I Printed on recycled paper.CASH REGISTER 1200 CARLSBA' CITY OF CARLSBAD LLAGE DRIVE CARLSBAD 434-2867 uFORNIA 92008 REC'D FROM_DATE ACCOUNT NO. r(: l>, ^/A} - OS/0/ RECEIPT NO. 89160 DESCRIPTION A • . i *•" . ;v^,,-k, * ..,:- A -,.>u_- ';,>(• V'AV/ ,' , i ' 1 '. ' \. ^'vf' C . . c_r o/,/" ^ SQ/H O^/i^/^i NOT VALID UNLESS VALIDATED BY TOTAL AMOUNT $/. 'J-?<: ^/7) UWX VJ. U^ Hist 12H5-00 •»;,^-7,5 ^ Printed on recycled paper.CASH REGISTER A lWL CITY OF CARLSBAD ffc 1200 CARLSBAD^TLLAGE DRIVE CARLSBAD, cfflFORNIA 92008 434-2867 REC'D FROM V T DATE ACCOUNT NO. CL" ft>rm',4 RECEIPT NO. 39030 DESCRIPTION L-Y-N-S \ O Q i? , T '• ° a; NOT VALID UNLESS VALIDATED BY TOTAL AMOUNT ^ iai 7^ AAA* A1 AO C-PRMT 10JU76 4 //) | 7^; Printed on recycled paper.CASH REGISTER City of Carlsbad Planning Department DISCLOSURE STATEMENT APPLICANT'S STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL ClSCRETlONAflY ACTION ON TH£ PART OF THE CfTY COUNCIL OR ANY APPOINTED 8OARO. COMMISSION OR CCMMITTE =leas» Print) i"he following information must be disclosed: i Applicant List the names and addresses of all persons having a financial interest in the application. PACIFIC VIEW LTD. D. RYAN. OWNER C/0 D. JACK/DEVEI QPFR 1797 nrFAM^TDF Rl VD. P . 0. BOX 2198 ''_' _ QIITTF "A" CARLSBAD. CA 92018 nr.FANSTnF. r.A 2. Owner List the names and addresses of all persons having any ownership interest in the property involved. PACIFIC VIEW LTD. P. RYAN :/Q D. JACC/Q D. JACK/DFVFI nPFR 1797 nrFAMgmF PI vnT P.O. BOX 2198 ~ SUTTF "A" P.ARI SRAD. r.A q?nift nrFAMQtnF. PA 3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names anc addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. N/A 4. If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names am addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficlar of the trust -M/*- FRM 13 4/91 Page 1 of 2 2O75 Las Palmas Oriv« • Carlsbad. California 92OO9-4859 • (619)438-1161 (Over) Disclosure Statement . Page 2 5. Have you had more than $250 worth of business transacted with any member of City staff, Boards. Commissions, Committees and Council within the past twelve months? Yes No y If yes, please indicate person(s)_ • Person i* defined M: 'Any individual, firm. copartnemhip, joint venture, association, social club. fraternal organization, corporation, vstate. trust. receiver, syndicate. tnis and any other county, city and county, city municipality, district or other political subdivision, or any other group or combination acting aa a unit' (NOTE; Attach additional pages as necessary.) Signature of Owner/date Signature o* applicant/date I). JACK FOR n. RYAN BY AUTHOR IZAT ION D, JACKPrint or type name of owner Print or type name of applicant FRM13 4/91 Page 2 of 2 City of Carlsbad Planning Department DISCLOSURE STATEMENT APPLICANT'S STATEMENT OF DISCLOSURE OR CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL OR ANY APPOINTED BOARD, COMMISSION OR COMMITTEE (Please Print) The following information must be disclosed: 1. Applicant List the names and addresses of all persons having a financial interest in the application. PACIFIC VTFW, I TT1. nT RYANJ flWNFR PVO. Box 219& P.O. Box 2198CARI SRAD. r.A q?ni8 r.ARi SHAH. r.A q?ma 2. Owner List the names and addressees of all person having any ownership interest in the property involved. PACIFIC VIEW. LTD. D.RYAN. P.O. Rnv 71QR P.O. Rny 71QK CA Q2Q18 CARLSBAD; CA 92018 3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. 4. If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names and addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiary of the trust. DISCLQS.FRM 2/96 PACF. t nf 1 2075 Las Palmas Dr. • Carlsbad, CA 92009-1576 - (619) 438-1161 - FAX (619) 438-O894 Disclosure Statement (Over) Page 2 5. Have you had more than $250.00 worth of business transacted with any member of City staff. Boards, Commissions, Committees and Council within the past twelve months? Yes No X If yes, please indicate person(s) Person is defined as "Any individual, firm, copartnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." (NOTE: Attach additional pages as necessary) Signature of Owner/date -By Print or type name of owner \ Signature of applicant/dat Print or type name of applicant DISCLOS.FRM 2/96 PAGE 1 of 2 PLEASE NOTE: Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calendar days from the date of application submittal to determine whether an application is complete or incomplete. Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete. If it is incomplete, the letter will state what is needed to make this application complete. When the application is complete, the processing period will start__upon tfye date of the completion letter. Applicant Signature: Staff Signature: Date: 3_~ \ To be stapled with receipt to application Copy for file Account No. CITY OF CARLSBAD REQUEST FOR REFUND Vendor No. Amount of Refund Date Fee Paid: Fee Paid For: Fee Paid By: Facts Supporting Request: Name of Applicant: Address: -'°v'c Street Signature of Applicant: Z City State Zip Telephone Date Dept. Justification: Rcc' — 0 Approve Finance Investigation: Roc' D Approve City Manager's Action; J2T Approve D Disapprove D Disapprove D Disapprove "* • 1 I c •- • Dept. Head Signature '"/< * // \'/V.i/' A •' ,; !•/<•' /// ' ,!!J: >f ( Cit'y Manager Signature Date Date Date PACIFICYIEW LTD. A COMMERCIAL INVESTMENT & DEVELOPMENT COMPANY P.O. Box 2198, Carlsbad, California 92018 Facsimile: (619)720-9785 Telephone: (61,9)720-9785 April 28, 1997 Ms. Terry Woods, Associate Planner City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009-1576 (619) 438-1161 Ext. 4447, Fax:438-0894 RE: CT 96-03 APPLICATION FOR TENTATIVE TRACT MAP and support documents. 8.52 Acres, 26 Single Family Residential Detached Homes. Assessor Parcel No. 167-250-16; Located at N.E. Corner of Donna Drive at Carlsbad Village Drive. Dear Ms. Woods, In accordance with our meeting this morning and your request to correct the April 25, 1997 submittal, enclosed please find the following: 1. 12 (twelve) architectural guidelines, pages A-7 & A-8. 2. 10 (ten) 24" x 36" copies of the April 25, 1997 "PRELIMINARY SITE PLAN". 3. 10 (ten) copies of the April 25, 1997 "TENTATIVE MAP", (2 pages). 4. 10 (ten) copies of the April 25, 1997 "PRELIMINARY GRADING PLAN". 5. 10 (ten) copies of the April 25, 1997 "PRELIMINARY LANDSCAPE PLAN". 6. 10 (ten) copies of the April 25, 1997 "RECREATIONAL LOT" site details. 7. 10 (ten) copies of the "FENCE/MAINT. PLAN". Should you have any further questions or if I may be of any assistance, please call. Thanking you again for your prompt attention in this matter, I am, Respectfully, eeer c SMPfS PACIFIC VIEW ESTATES APR 2 8 1997 Don L. jack OTY ©F Managing Member PACIFICTVIEW LTD. A COMMERCIAL INVESTMENT & DEVELOPMENT COMPANY P.O. Box 2198, Carlsbad, California 92018 Facsimile: (619)720-9785 Telephone: (619)720-9785 April 25, 1997 Ms. Terry Woods, Associate Planner City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009-1576 (619) 438-1161 Ext. 4447, Fax:438-0894 RE: CT 96-03 APPLICATION FOR TENTATIVE TRACT MAP and support documents. 8.52 Acres, 26 Single Family Residential Detached Homes. Assessor Parcel No. 167-250-16; Located at N.E. Corner of Donna Drive at Carlsbad Village Drive. Dear Ms. Woods, This letter will serve as our seventh (7th) complete submittal for the above project. We now feel confident that we have met every possible City concern. Regarding home square footages, the computer design sizes are as follows: PLAN 1 2,235 square feet PLAN 2 2,635 square feet PLAN 3* 3,045 square feet * NOTE: Plan 3 houses our SECONDARY DWELLING UNIT @ 421 square feet. As per your request, submitted herewith please find the following forms and support documentation: 1. 1 (one) original velum of an 8 1/2" x 11" reduced "SITE PLAN". 2. 1 (one) signed Certification of Assessor Roles property owners list. 3. 1 postage fee check for $101.76 (i.e. 159 parcels @ $.64 per addressee). 4. 1 (one) 8 1/2" x 11" copy of the projects three floor plans and building elevations. 5. 2 (two) 24" x 36" copies of the April 25, 1997 "PRELIMINARY SITE PLAN". 6. 2 (two) copies of the April 25, 1997 "TENTATIVE MAP", (2 pages). 7. 2 (two) copies of the April 25, 1997 "PRELIMINARY GRADING PLAN". 8. 2 (two) copies of the April 25, 1997 "PRELIMINARY LANDSCAPE PLAN". 9. 2 (two) copies of the April 25, 1997 "RECREATIONAL LOT" site details. 10. 2 (two) copies of the "FENCE/MAINT. PLAN". 11. 12 (twelve) 24" x 36" copies of the projects three floor plans and building elevations. Rt*1 JH *f" 1$ *»"*»"»SSGfSSVEDShould you have any further questions or if I may be of any assistance, please call. Thanking you again for your prompt attention in this matter, I am, '""251997 Respectfully, Don L. Jack, Managing Member IttECT DESCRIPTION/EXPLAINPROJECT DESCRIPTION/EXPLANATION 4/25/97 PROJECT NAME: PACIFIC VIEW ESTATES APPLICANT NAME: PACIFIC VIEW LTD. PLEASE DESCRIBE FULLY THE PROPOSED PROJECT. INCLUDE ANY DETAILS NECESSARY TO ADEQUATELY EXPLAIN THE SCOPE AND/OR OPERATION OF THE PROPOSED PROJECT. YOU MAY ALSO INCLUDE ANY BACKGROUND INFORMATION AND SUPPORTING STATEMENTS REGARDING THE REASONS FOR, OR APPROPRIATENESS OF, THE APPLICATION. USE AN ADDENDUM SHEET IF NECESSARY. DESCRIPTION/EXPLANATION PROPERTY: The property consists of 8.52 acres and is identified as City of Carlsbad ASSESSOR PARCEL NO. 167-250-16-00. LOCATION: The property is located at the northwest corner of Carlsbad Village Drive at Donna Way. This is behind the Carlsbad Municipal Water District "Elm" Reservoir. NEIGHBORHOOD: Abutting the subject property on the south is the major traffic artery, CARLSBAD VILLAGE DRIVE. This thoroughfare runs east and west serving principally between El Camino Real and the Interstate 5 Freeway. Directly north of the site is a small lot subdivision of condominiums on Wintergreen Drive. Said project is identified as the "HILLGATE ESTATES", (city development No. 88-02). To the west of the site is the collector traffic artery "HOSP WAY". Additionally to the west beyond Hosp Way is an existing high density older condominium project of small lots (Minimum Lot Size @ 3,266 s.f.). Directly to the east is the high density three (3) story "OCEAN CREST APARTMENT" complex on Calle Arroyo Street. IN-FILL PROPERTY: The subject site is "IN-FILL" property. It is abutted by high density or intense land use on all four (4) sides; i.e. north, south, east and west. The entire area is presently 97% developed except for one remaining abutting parcel approximately 2+ acres in size. All lands in this immediate area experienced build-out many years ago, (i.e. circa 1970-1988). The subject property essentially stands alone as an undeveloped pocket within the City's core. LAND USE/ ZONING : The subject property will be developed as a PLANNED UNIT DEVELOPMENT ("PUD"). This is consistent with Carlsbad zoning ordinances and the surrounding area usage. The property is presently zoned RLM, 10,000 square foot lots which is considered to be too restrictive. In fact, the surrounding projects are all smaller lots and enjoy greater land use density. For example, the abutting Wintergreen Tract No. 88-2 on the North has a Minimal Lot Size of only 5,480 s.f.. Additionally, said Tract 88-2 has substantially higher lot coverage, (i.e. more structure covering the lot). This also applies to the project on the East (i.e. the 3-story OCEAN CREST apartment complex). The project on the West has a Minimum Lot Size of pv app PROJECT DESCRIPTION/EXPLANATION APRIL 25, 1997, PAGE 2 OF 4. only 3,266 s.f.. This is 46% smaller than PACIFIC VIEW'S smallest lot of 7,006 square feet. As noted above, the property to the south is a Major Highway. Finally, each such abutting project has higher land use densities than PACIFIC VIEW ESTATES, (i.e. more populace per acre). Upon completion, PACIFIC VIEW'S land use density will still be less than all abutting projects. PACIFIC VIEW'S actual land use density will be only 3.52 units per acre (i.e. 26 homes + 4 Inclusionary Housing Units = 30 units divided by 8.52 acres). Even in a worst case scenario by removing slopes, density is only 3.97 units per acre based upon a total of 30 units divided by 7.56 net usable acres. LOT SIZES : PACIFIC VIEW'S smallest lot is 7,006 square feet. The largest lot is 36,098 s.f., (the Recreational Lot). 50% of PACIFIC VIEW'S lots range from 7,000 to 8,000 square feet of which nearly all is flat and usable. All backyards are capable of providing an adequate area for a private recreation and in most cases, a swimming pool. Many lots have large side yards. The remaining 50% of the project boasts lot sizes in excess of 8,000 square feet. PACIFIC VIEW'S average lot size is 8,817 square feet. Lot square footages catalog as follows: LOT SIZES AMOUNT PERCENTAGE 7,000 - 8,000 s.f. 13 50% 8,000 - 9,000 s.f. 5 19% 9,000 - 10,000 s.f. 2 8% 10,000 - 11,000 s.f. 3 12% 12,000 and Larger 3 11% TOTAL LOTS: 26 100% AVERAGE LOT SIZE: 8,817 Sq.Ft. LOTTAGE : As a Planned Unit Development, the project will consist of 26 single family detached residential lots. Four (4) of these 26 lots contain Secondary Dwelling Units to meet Inclusionary low income housing requirements. Our lots were designed to be 55' - 60+' wide however floor plans are only 38', 39', and 41' wide. This allows the project to enjoy larger side yards. The minimal is 5' yet in most cases side yards are as much as 10 feet. This is good design. Moreover, with the use of 3' garden seat walls in strategic areas, such increases the homeowners usable pad. Additionally PACIFIC VIEW ESTATES patron a street scape which follows the gentle hillside slope. This allows for varied pad elevations and renders an even greater feeling of privacy and presents excellent curb appeal. HOME DESIGN: There will be three (3) separate floor plans. All home designs are two (2) story. All meet city height limitations, set backs and city guidelines. Plan 1 is designed with an oversized attached two (2) car garage while plan 2 and plan 3 are both three (3) car garages. All driveways have a minimal 20' setback. Plan 1 is the smallest plan consisting of 2,235 square feet. It has 4 bedrooms and 2.5 baths. Plan 1 has a lot coverage ratio of only 16.4% based upon an average size lot. Plan 2 is an exceptional floor plan of 2,625 square feet with 4 sizable bedrooms and 3 full baths. Plan 3 is the largest plan at 3,045 square feet. Plan 3 is an extraordinary design and boasts a DOWN STAIRS 421 square foot Apartment Flat, (denoted as "SO" for pv app DESCRlff]PROJECT DESCRlWlON/EXPLANATION APRIL 25, 1997, PAGE 3 OF 4. Inclusionary Housing as Secondary Dwellings). This plan has 5 large bedrooms and 2.5 baths and a lot coverage factor of only 22.1%. INCLUSIONARY HOUSING REQUIREMENTS: Plan 3 units were widened to accommodate four (4) down stairs Inclusionary Housing Units. These 4 apartments will not only function as rentable units but also serve as Secondary Dwellings ("SD") thus fulfilling the City's requirements for affordable housing. These "SD" units boast superior design. Each is totally independent from the main home and separated by a sound- proof demising wall. Not only do these "SD" apartments have the advantage of NO STAIRS which is ideal for the elderly or convalescing, but they also enjoy their own private exterior front door entrance. Each apartment consists of a very efficient 421 square feet which is perhaps the equivalent of possibly 600+ s.f. in a standard apartment. Simply, All space is fully usable. NO wasted halls, NO wasted entry foyers and NO wasted stairs. Each apartment has its own private under roof ATTACHED garage, standard size washer and dryer facilities, and spacious full size kitchen. Additionally, each apartment has a full size private bath, a separate bedroom with large closet, and a generous living room. Extra storage is provided in the attached garage. This is quality design. H.O.A. : PACIFIC VIEW ESTATES has a dedicated common area recreational lot identified as lot 8. Said lot is roughly three quarters (3/4th) acre in green open landscaping which can be accessed from either "A" Street or "B" Street via a 4' path. This park like area provides for active and passive recreation. It is large enough for a full sized regulation Volleyball Court, a Croquet Course, Badminton, Lawn Tennis or shuffle Board Courts. An enormous replanting of trees will adorn the outer perimeter, (Eucalyptus Citriadoras, California Peppers, and other trees and flora acceptable to Parks and Recreation). Picnic tables and park bench seats are planned for quiet time or walking stops. A Barbecue is intented for entertaining and picnics. A 1,000+ square foot area has been designated at the rear of this Recreational Area to accommodate RV parking. CITY REQUESTS: In lieu of submitting for a higher density land use similar to the abutting projects, our request is for a lower density development of only 26 single family building lots. Our design and density is within compliance of all Planned Unit Development zoning requirements and City standards. In fact, PACIFIC VIEW ESTATE'S design exceeds standard side yard setbacks. This is our seventh (7th) major redesign to accommodate city requests. Though we still oppose the same, this redesign incorporates the cities desire to connect Wintergreen Street to Carlsbad Village Drive. Moreover, both streets are now designed as public routes and as per city request, we have designed full sidewalks extending the entire length. With favorable response, we have met several times with the City Municipal Water District regarding the proposed Elm Reservoir street dedication. Finally, we have conferred with the City Fire Marshall and complied with the City's suggestion to grant deed street frontage access to both the Marron residence (APN 167-570- 10), and the Dabbs residence (APN 167-250-04). Additionally, we have obtained and submitted to the City twelve (12) extensive and costly Bio-Technical studies et. al. for this property, all with pv_app PROJECT DESCRIPTION/EXPLANATION APRIL 25, 1997, PAGE 4 OF 4. favorable results reflecting NO environmental significance. Such includes the California Pocket Mouse study, California Coastal Sage, three (3) separate Gnatcatcher studies, a tree evaluation, two (2) traffic studies, two (2) sound control investigations, an archeological probe, and a paleontology study. Regarding archeological, such produced no significant finds of importance. We even sent the only finds on the site (a scattering of sea shells suspected to be brought up from the lagoon below by former Indians), to Atlanta for testing. Carbon-13 dating reveled no importance or consequence. These studies were over-viewed by Master Consultant A. Hayworth of DuDEK AND ASSOCIATES and approved by the FISH and WILDLIFE SERVICE, Department of the Interior. The site is effectively devoid of all animal or plant species other than commons squirrels and rabbits. However, said reports did reflect a total of 1.95 acres in disturbed Coastal Sage Scrub. One area consists of 1.56 scattered acres and the other is approximately .39 acres. As documented, these areas are separated by roughly 320+ feet of open lands devoid of all vegetation. Said open area is presently used as private asphalt driveways for the above stated residences which cross the site for assess to their property. According to these reports and approved by the Department of Fish and Wildlife Service, the subject property does not support the Gnatcatcher nor any such sensitive species due to the scrub's scattered location and disturbed habitat. Moreover, the site is cut-off and isolated within a high populace area which is surrounded with intense land use on all four sides. Therefore, as set forth by the originally provided copy of the February 28, 1996 letter from the U.S. Department of the Interior's, Fish and Wildlife Service, our project was given approval for the City of Carlsbad's 4-D mitigation process at a 1:1 ratio for the subject 1.95 acres in Coastal Sage Scrub. To accommodate this mitigation, we have in fact acquired a substitute 2.0 acres in the CARLSBAD HIGHLANDS CONSERVATION BANK which we are told is fully acceptable to the City. CONCLUSION: The granting of our request for a tentative tract map is reasonable as our application is within the city's zoning requirements. For now in excess of two (2) years we have repeatedly met with the City for guidance and habitually followed the City's requests. We have formally redesigned the project seven (7) times. This submittal will allow the project to enjoy the same rights possessed by abutting projects, all of which are higher density. The granting of this tract map will not be of detriment or injurious to public welfare nor, as proven by the studies enclosed, will NOT negatively affect any natural resources. Further, this request will not substantially increase local traffic, nor will it in any way bear any adverse visual restrictions or impact on vehicular street safety. Should you have any questions or if I may be of any assistance, please don't hesitate to call me direct at (760) 720-9785. Thanking you in advance for your consideration in this matter, I am, Respectfully, PACIFIC VIEW ESTATES D. Jack Managing Member pv_app :TIPACIFIC TIEW LTD. A COMMERCIAL INVESTMENT & DEVELOPMENT COMPANY P.O. Box 2198, Carlsbad, California 92018 Facsimile: (619) 720-9785 Telephone: (619) 720-9785 March 20, 1997 Ms. Terry Woods, Associate Planner City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009-1576 (619) 438-1161 Ext. 4447, Fax:438-0894 RE: CT 96-03 APPLICATION FOR TENTATIVE TRACT MAP and support documents. 8.52 Acres, 26 Single Family Residential Detached Homes. Assessor Parcel No. 167-250-16; Located at N.E. Corner of Donna Drive at Carlsbad Village Drive. Dear Ms. Woods, This letter will serve as our sixth submittal for the above project. We now feel confident that we have met every possible City concern and thus respectfully request that we may now be allowed to move forward, with staff's support. As per your request, submitted herewith, please find the following forms and support documentation: 1. 1 (one) copy of an 8 1/2" x 11" reduced "SITE PLAN". 2. 11 (eleven) copies of the March 20, 1997 "SITE PLAN". 3. 11 (eleven) copies of the March 20, 1997 "TENTATIVE MAP", (2 pages). 4. 11 (eleven) copies of the March 20, 1997 "PRELIMINARY GRADING PLAN". 5. 11 (eleven) copies of the March 20, 1997 "PRELIMINARY LANDSCAPE PLAN". 6. 11 (eleven) copies of the March 20, 1997 "RECREATIONAL LOT" site details. 7. Ufaae} copy of "FENCE/MAINT. PLAN". 8. I &&} set returned of 1/31/97 "REDLINES". Should you have any further questions or if I may be of any assistance, please call. Thanking you again for your prompt attention in this matter, I am, Respectfully, PACIFIC VIEW ESTATES Don L. Jack R 2 0 1S97 Managing Member FIC1PACIFIC VIEW LTD. A COMMERCIAL INVESTMENT & DEVELOPMENT COMPANY P.O. Box 2198, Carlsbad, California 92018 Facsimile: (619)720-9785 Telephone: (619)720-9785 March 10, 1997 Ms. Terry Woods, Associate Planner City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009-1576 (619) 438-1161 Ext. 4447, Fax:438-0894 RE: CT 96-03 APPLICATION FOR TENTATIVE TRACT MAP and support documents. 8.52 Acres, 26 Single Family Residential Detached Lots. Assessor Parcel No. 167-250-16; Located at N.E. Corner of Donna Drive at Carlsbad Village Drive. Dear Ms. Woods, As it appears the processing of the above project will take longer than anticipated, this letter will serve as our request for a ninety (90) day extension to the processing period. Should you have any further questions or if I may be of any assistance, please call. Thanking you in advance for your consideration in this matter, I am, Respectfully, PACIFIC VIEW ESTATES Don L. Jack Managing Member IjjJ^X^iV: 10 chrn96 PACIFICTIEW LTD. A COMMERCIAL INVESTMENT & DEVELOPMENT COMPANY P.O. Box 2198, Carlsbad, California 92018 Facsimile: (619)720-9785 Telephone: (619)720-9785 January 16, 1997 Ms. Terry Woods, Associate Planner City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009-1576 (619) 438-1161 Ext. 4447, Fax:438-08S4 RE: CT 96-03 APPLICATION FOR TENTATIVE TRACT MAP and support documents. 8.52 Acres, 26 Single Family Residential Detached Lots. Assessor Parcel No. 167- 250-16; Located at N.E. Corner of Donna Drive at Carlsbad Village Drive. Dear Ms. Woods, This letter will serve as our fifth submittal for the above project. We now feel confident that we have met every conceivable City concern and thus respectfully request that we may now be allowed to move forward, with staff's support. As per your request, submitted herewith, please find the following forms and support documentation: 1. 5 (five) copies of the January 13, 1997 "SITE SECTIONS". 2. 5 (five) copies of the January 13, 1997 "TENTATIVE MAP", (2 pages). 3. 5 (five) copies of the January 13, 1997 "PRELIMINARY GRADING PLAN". 4. 5 (five) copies of the January 13, 1997 "SITE PLAN". 5. 5 (five) copies of the January 13, 1997 "PRELIMINARY LANDSCAPE PLAN". 6. 5 (five) copies of the January 13, 1997 "RECREATIONAL LOT" site details. 7. 5 (five) copies of the September 16, 1996 "SLOPE ANALYSIS & CONSTRAINTS" 8. 5 (five) copies of September 16, 1996 "ARCHITECTURAL DRAWINGS" (6 pages). 9. 5 (five) copies of the September 16, 1996 "ARCHITECTURAL GUIDELINES". Should you have any further questions or if I may be of any assistance, please call. Thanking you again for your prompt attention in this matter, I am, Respectfully, 6 "Q97 PACIFIC VIEW/ESTATES im®"S*.'':'"' Managing Member PROroCT DESCRIPTION/EXPLANATION 1/13/97 PROJECT NAME: PACIFIC VIEW ESTATES APPLICANT NAME: PACIFIC VIEW LTD. PLEASE DESCRIBE FULLY THE PROPOSED PROJECT. INCLUDE ANY DETAILS NECESSARY TO ADEQUATELY EXPLAIN THE SCOPE AND/OR OPERATION OF THE PROPOSED PROJECT. YOU MAY ALSO INCLUDE ANY BACKGROUND INFORMATION AND SUPPORTING STATEMENTS REGARDING THE REASONS FOR, OR APPROPRIATENESS OF, THE APPLICATION. USE AN ADDENDUM SHEET IF NECESSARY. DESCRIPTION/EXPLANATION PROPERTY: The property consists of 8.52 acres and is identified as City of Carlsbad ASSESSOR PARCEL NO. 167-250-16-00. LOCATION: The property is located at the northwest corner of Carlsbad Village Drive at Donna Way. This is behind the Carlsbad Municipal Water District "Elm" Reservoir. NEIGHBORHOOD: Abutting the subject property on the south is the major traffic artery, CARLSBAD VILLAGE DRIVE. This thoroughfare runs east and west serving principally between El Camino Real and the Interstate 5 Freeway. Directly north of the site is a small lot subdivision of condominiums on Wintergreen Drive. Said project is identified as the "HILLGATE ESTATES", (city development No. 88-02). To the west of the site is the collector traffic artery "HOSP WAY". Additionally to the west beyond Hosp Way is an existing high density older condominium project of small lots (Minimum Lot Size @ 3,266 s.f.). Directly to the east is the high density three (3) story "OCEAN CREST APARTMENT" complex on Calle Arroyo Street. IN-FILL PROPERTY: The subject site is "IN-FILL" property. It is abutted by high density or intense land use on all four (4) sides; i.e. north, south, east and west. The entire area is presently 97% developed except for one remaining abutting parcel approximately 2+ acres in size. All lands in this immediate area experienced build-out many years ago, (i.e. circa 1970-1988). The subject property essentially stands alone as an undeveloped pocket within the City's core. LAND USE/ Z ONING : The subject property will be developed as a PLANNED UNIT DEVELOPMENT ("PUD"). This is consistent with Carlsbad zoning ordinances and the surrounding area usage. The property is presently zoned RLM, 10,000 square foot lots which is considered to be too restrictive. In fact, the surrounding projects are all smaller lots and enjoy greater land use density. For example, the abutting Wintergreen Tract No. 88-2 on the North has a Minimal Lot Size of only 5,480 s.f.. Additionally, said Tract 88-2 has substantially higher lot coverage, (i.e. more structure covering the lot). This also applies to the project on the East (i.e. the 3-story OCEAN CREST apartment complex). The project on the West has a Minimum Lot Size of pv app DESCRIPTKPROJECT DESCRIPTION/EXPLANATION JAN. 13, 1997, PAGE 2 OF 4. only 3,266 s.f.. This is 46% smaller than PACIFIC VIEW'S smallest lot of 7,002 square feet. As noted above, the property to the south is a Major Highway. Finally, each such abutting project has higher land use densities than PACIFIC VIEW ESTATES, (i.e. more populace per acre). Upon completion, PACIFIC VIEW'S land use density will still be less than all abutting projects. PACIFIC VIEW'S actual land use density will be only 3.52 units per acre (i.e. 26 homes + 4 Inclusionary Housing Units = 30 units divided by 8.52 acres). Even in a worst case scenario by removing slopes, density is only 3.97 units per acre based upon a total of 30 units divided by 7.56 net usable acres. LOT SIZES : PACIFIC VIEW'S smallest lot is 7,002 square feet. The largest lot is 29,468 s.f.. 50% of PACIFIC VIEW'S lots range from 7,000 to 8,000 square feet of which nearly all is flat and usable. All backyards are capable of providing an adequate area for a swimming pool plus several lots have large side yards. The remaining 50% of the project boasts lot sizes in excess of 8,000 square feet. PACIFIC VIEW'S average lot size is 9,628 square feet. Lot square footages catalog as follows: LOT SIZES AMOUNT PERCENTAGE 7,000 - 8,000 s.f. 13 50% 8,000 - 9,000 s.f. 3 12% 9,000 - 10,000 s.f. 2 8% 10,000 - 11,000 s.f. 2 8% 11,000 - 12,000 s.f. 2 8% 12,000 and Larger 4 14% TOTAL LOTS: 26 100% AVERAGE LOT SIZE: 9,628 Sq.Ft. LOTTAGE : As a Planned Unit Development, the project will consist of 26 single family detached residential lots. Four (4) of these 26 lots contain Secondary Dwelling Units to meet Inclusionary low income housing requirements. Our lots were designed to be 55' - 60+' wide however floor plans are only 37', 39', and 41' wide. This allows the project to enjoy larger side yards. The minimal is 5' yet in most cases side yards are as much as 10 feet. This is good design. Moreover, with the use of 3' garden seat walls in strategic areas, such increases the homeowners usable pad. Additionally PACIFIC VIEW ESTATES patron a street scape which follows the gentle hillside slope. This allows for varied pad elevations and renders an even greater feeling of privacy and presents excellent curb appeal. HOME DESIGN: There will be three (3) separate floor plans. All home designs are two (2) story. All meet city height limitations, set backs and city guidelines. Plan 1 is designed with an oversized attached two (2) car garage while plan 2 and plan 3 are both three (3) car garages. All driveways have a minimal 20' setback. Plan 1 is the smallest plan consisting of 2,105 square feet. It has 4 bedrooms and 2.5 baths. Plan 1 has a lot coverage ratio of only 16.4% based upon an average size lot. Plan 2 is an exceptional floor plan of 2,521 square feet with 4 sizable bedrooms and 3 full baths. Plan 3 is the largest plan at 3,016 square feet. Plan 3 is an extraordinary design and boasts a DOWN STAIRS 460 square foot "Granny Suite"/Apartment Flat, (denoted as pv app [PTKPROJECT DESCRIPTION/EXPLANATION JAN. 13, 1997, PAGE 3 OF 4. "SD" for Inclusionary Housing as Secondary Dwellings). This plan has 5 large bedrooms and 2.5 baths and a lot coverage factor of only 22.7%. INCLUSIONARY HOUSING REQUIREMENTS: Plan 3 units were widened to accommodate four (4) down stairs Inclusionary Housing Units. These 4 apartments will not only function as rentable units but also serve as Secondary Dwellings ("SD") thus fulfilling the City's requirements for affordable housing. These "SD" units boast superior design. Each is totally independent from the main home and separated by a sound- proof demising wall. Not only do these "SD" apartments have the advantage of NO STAIRS which is ideal for the elderly or convalescing, but they also enjoy their own private exterior front door entrance. Each apartment consists of a very efficient 460 square feet which is perhaps the equivalent of possibly 600+ s.f. in a standard apartment. Simply, All space is fully usable. NO wasted halls, NO wasted entry foyers and NO wasted stairs. Each apartment has its own private under roof ATTACHED garage, standard size washer and dryer facilities, and spacious full size kitchen. Additionally, each apartment has a full size private bath, a separate bedroom with large closet, and a generous living room. Extra storage is provided in the attached garage. This is quality design. H.O.A. : PACIFIC VIEW ESTATES has a dedicated common area recreational lot identified as lot 32. Said lot is roughly one quarter (l/4th) acre in green open landscaping which can be accessed from either "A" Street or "B" Street via a 4' asphalt trail. This park like area provides for active and passive recreation. It is large enough for a full sized regulation volleyball court, a Croquet Course, Badminton, Lawn Tennis or shuffle Board Courts. Along the outer perimeter will be plenty of surrounding trees, (Eucalyptus Citriadoras, California Peppers, and other trees and flora acceptable to Parks and Recreation). Picnic tables and park bench seats are planned for quiet time or walking stops. A Barbecue is intented for entertaining and picnics. A 1,000+ square foot area has been designated at the rear of this Recreational Area to accommodate RV parking. CITY REQUESTS: In lieu of submitting for a higher density land use similar to the abutting projects, our request is for a lower density development of only 26 single family lots. Our design and density is within compliance of all Planned Unit Development zoning requirements and City standards. In fact, PACIFIC VIEW ESTATE'S design exceeds standard side yard setbacks. This is our fifth (5th) major redesign to accommodate city requests. Though we still oppose the same, this redesign incorporates the cities desire to connect Wintergreen Street to Carlsbad Village Drive. Moreover, both streets are now designed as public routes and as per city request, we have designed full sidewalks extending the entire length. With favorable response, we have met several times with the City Municipal Water District regarding the proposed Elm Reservoir street dedication. Finally, we have conferred with the City Fire Marshall and complied with the City's suggestion to grant deed street frontage access to both the Marron residence (APN 167-570- 10), and the Dabbs residence (APN 167-250-04). Additionally, we have obtained and submitted to the City twelve (12) extensive and costly Bio-Technical studies et. al. for this property, all with pv app [PTOPROJECT DESCRimiON/EXPLANATION JAN. 13, 1997, PAGE 4 OF 4. favorable results reflecting NO environmental significance. Such includes the California Pocket Mouse study, California Coastal Sage, three (3) separate Gnatcatcher studies, a tree evaluation, two (2) traffic studies, two (2) sound control investigations, an archeological probe, and a paleontology study. Regarding archeological, such produced no significant finds of importance. We even sent the only finds on the site (a scattering of sea shells suspected to be brought up from the lagoon below by former Indians), to Atlanta for testing. Carbon-13 dating reveled no importance or consequence. These studies were over-viewed by Master Consultant A. Hayworth of DuDEK AND ASSOCIATES and approved by the FISH and WILDLIFE SERVICE, Department of the Interior. The site is effectively devoid of all animal or plant species other than commons squirrels and rabbits. However, said reports did reflect a total of 1.95 acres in disturbed Coastal Sage Scrub. One area consists of 1.56 scattered acres and the other is approximately .39 acres. As documented, these areas are separated by roughly 320+ feet of open lands devoid of all vegetation. Said open area is presently used as private asphalt driveways for the above stated residences which cross the site for assess to their property. According to these reports and approved by the Department of Fish and Wildlife Service, the subject property does not support the Gnatcatcher nor any such sensitive species due to the scrub's scattered location and disturbed habitat. Moreover, the site is cut-off and isolated within a high populace area which is surrounded with intense land use on all four sides. Therefore, as set forth by the originally provided copy of the February 28, 1996 letter from the U.S. Department of the Interior's, Fish and Wildlife Service, our project was given approval for the City of Carlsbad's 4-D mitigation process at a 1:1 ratio for the subject 1.95 acres in Coastal Sage Scrub. To accommodate this mitigation, we have in fact acquired a substitute 2.0 acres in the CARLSBAD HIGHLANDS CONSERVATION BANK which we are told is fully acceptable to the City. CONCLUSION: The granting of our request for a tentative tract map is reasonable as our application is within the city's zoning requirements. For now in excess of two (2) years we have repeatedly met with the City for guidance and habitually followed the City's requests. We have formally redesigned the project five (5) times. This submittal will allow the project to enjoy the same rights possessed by abutting projects, all of which are higher density. The granting of this tract map will not be of detriment or injurious to public welfare nor, as proven by the studies enclosed, will NOT negatively affect any natural resources. Further, this request will not substantially increase local traffic, nor will it in any way bear any adverse visual restrictions or impact on vehicular street safety. Should you have any questions or if I may be of any assistance, please don't hesitate to call me direct at (619) 720-9785. Thanking you in advance for your consideration in this matter, I am, Respectfully, PACIFIC VIEW ESTATES D. Jack, Managing Member pv app PACIFICTlEW LTD. A COMMERCIAL INVESTMENT & DEVELOPMENT COMPANY P.O. Box 2198, Carlsbad, California 92018 FAX: (619) 722-6358 Telephone: (619) 722-6358 August 2, 1996 Ms. Terry Woods, Associate Planner City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009-1576 (619) 438-1161 Ext. 4447, Fax:438-0894 RErAPPLICATION FOR TENTATIVE TRACT MAP 96-3 and support documents thereto. 8.52 Acres, 30 Single Family Residential Detached Housing. Assessor Parcel No. 167-250-16; Located at North Corner of Donna Way at Carlsbad Village Drive, City of Carlsbad Dear Ms. Woods, The above referenced application for TENTATIVE TRACT MAP 96-3 includes: 1. A General Plan Amendment ($2,500), 2. and a Zone Change ($850). In accordance with our prior discussions, this letter will serve as bur request to withdraw our present application for said General Plan Amendment and Zone Change. We understand we shall receive a full refund in the amount of $3,350. Should you have questions, please don't hesitate to contact me at (619) 720— 9785. Thanking you in advance for your consideration and prompt attention in this matter, I am, Respectfully, PACIFIC VIEW ESTATES D. Jack, Managing Member DJ/m »•r t CITY Of CAKL^ISAD ^_ ^fc LAND USE REVIEW APPLICATION (^ FOR PAGE 1 OF 2 1) APPLICATIONS APPLIED FOR: (CHEOTBO [~| Master Plan Q Specific Plan | | Precise Development Plan [~| Tentative Tract Map [ [ Planned Development Permit [~| Non-Residential Planned Development f~| Condominium Permit [~] Special Use Permit | | Redevelopment Permit f~| Tentative Parcel Map Obtain from Eng. Dept f~"| Administrative Variance |~| Administrative Permit - 2nd Dwelling Unit (FOR DEPT . ' ~ . , \. (FOR DEPT USE ONLY) \ '. . ' USE ONLY) g^f General Plan Amendment T"iS"oe> [~| Local Coastal Plan Amendment [~| Site Development Plan g] Zone Change j£_ ^ ^^ F£O»^. RA"IOOOO To rci>-^ p~| Conditional Use Permit f~] Hillside Development Permit | [ Environmental Impact Assessment P~| Variance |~] Planned Industrial Permit |~| Coastal Development Permit \~~\ Planning Commission Determination [~| List any other applications not specified ^.^ ^.^ & 1C, c'L 21 ASSESSOR PARCEL NO(S). PACIFIC VIEW ESTATES 3} PROJECT NAME: jfi^-^^-lfi 41 BRIEF DESCRIPTION OF PROJECT: 8,52 UNIMPROVED ACRES, TO DEVEELOP INTO 37 LOTS 5) OWNER Di RYAN NAME (PRINT OR TYPE) D, RYAN MAILING ADDRESS p.o, BOX 2198 CITY AND STATE ZIP TELEPHONE PARI SRAD r.A q?nis fiiq/79n-q7RR I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. ^N^TT}feFOR D' RYAN BY AUJflftRIZATION 6) APPLICANT PAC,FIC VIEW LTD. NAME (PRINT OR TYPE SAME MAILING ADDRESS SAME CITY AND STATE ZIP TELEPHONE SAMF fil9/7?n-9785 I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. D" J»AW • RYAN BV *HHf"ZATIOII 7) BRIEF LEGAL DESCRIPTION: NOTE: AIKOraSti&IKattCFftBQCiIB$£^Ai«ow%si»i«ioiE(3riae«pmDm J REC'D FROM / CITY OF CARLSBAD 1200 CARLSBADWLAGE DRltfE CARLSBAD, C^IFpRNIA 92008 434-2867 ' '•> " '*""' "'. ^;x*':/-V^''<''/'. ACCOUNT NO. C ' f y^i-ti^t. RECEIPT NO. 39137 DESCRIPTION hPA 9^3 - ,/<f// : Z<? fy'OQ ~.#J?/f 769R 05/24/9A ' ' - ' ' '. ' . NOT VALID UNLESS VALIDATED BY TOTAL AMOUNT : c^^rW 6~« g& o~* 0001 M 0? C-PRMT 3350-00 V5?.?J^ ** I Printed on recycled paper.CASH PACIFIC VIEW LTD. A COMMERCIAL INVESTMENT & DEVELOPMENT COMPANY P.O. Box 2198, Carlsbad, California 92018 FAX: (619) 722-6358 Telephone. (619) 722-6350 October 28, 1996 Ms. Terry Woods, Associate Planner City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009-1576 (619) 438-1161 Ext. 4447, Fax:438-0894 RE: CT 96-03 APPLICATION FOR TENTATIVE TRACT MAP and support documents. 8.52 Acres, 30 Single Family Residential Detached Homes. Assessor Parcel No. 167-250-16; Located at N.E. Corner of Donna Drive at Carlsbad Village Drive. Dear Ms. Woods, This letter will serve as our fourth submittal for the above project. We now feel confident that we have met every possible City concern and thus respectfully request that we may now be allowed to move forward, with staff's support. As per your request, submitted herewith, please find the following forms and support documentation: 1. 1 October 28, 1996 revised Project "DESCRIPTION/EXPLANATION". 2. 1 (one) copy of an 8 1/2" x 11" reduced "SITE PLAN". 3. 4 (four) copies of the October 28, 1996 "SITE SECTIONS". 4. 4 (four) copies of the October 28, 1996 "TENTATIVE MAP", (2 pages). 5. 4 (four) copies of the October 28, 1996 "PRELIMINARY GRADING PLAN". 6. 4 (four) copies of the October 28, 1996 "SITE PLAN". 7. 4 (four) copies of the October 28, 1996 "PRELIMINARY LANDSCAPE PLAN". 8. 4 (four) copies of the October 28, 1996 "RECREATIONAL LOT" site details. 9. 4 (four) copies of the October 28, 1996 "ARCHITECTURAL DRAWINGS" page 6. 1 o • jl- «VJ>>WM^ Kew Q^n fct*U«*o Should you have any further questions or if I may be of any assistance, please call. Thanking you again for your prompt attention in this matter, I am, Respectfully, R EC E 1¥E O PACIFIC VIEW ESTATES 2 e5 r--,, Don L. Jack Managing Member pv app DESCRIPTION/EXPl 10/28/96 PROJECT NAME: _ PACIFIC VIEW ESTATES APPLICANT NAME: PACIFIC VIEW LTD. PLEASE DESCRIBE FULLY THE PROPOSED PROJECT. INCLUDE ANY DETAILS NECESSARY TO ADEQUATELY EXPLAIN THE SCOPE AND/OR OPERATION OF THE PROPOSED PROJECT. YOU MAY ALSO INCLUDE ANY BACKGROUND INFORMATION AND SUPPORTING STATEMENTS REGARDING THE REASONS FOR, OR APPROPRIATENESS OF, THE APPLICATION. USE AN ADDENDUM SHEET IF NECESSARY. DESCRIPTION/EXPLANATION PROPERTY: The property consists of 8.52 acres and is identified as ASSESSOR PARCEL NO. 167-250-16-00 located within the City of Carlsbad. LOCATION: The property is located at the northwest corner of Carlsbad Village Drive at the intersection of Donna Way. This is behind the Elm Reservoir. NEIGHBORHOOD: Abutting the subject property on the south is the major traffic thoroughfare, CARLSBAD VILLAGE DRIVE. CARLSBAD VILLAGE DRIVE runs east and west principally serving between El Camino Real and the Interstate 5 Freeway. Directly north of the site is a small lot project on Wintergreen Drive identified as the "Hfflgate Estates", (city development No. 88-02). To the west of the site is the collector traffic artery "HOSP WAY". Additionally to the west is an existing high density older condominium project with small lots (Minimum Lot Size 3,266 s.f.). Directly on the east is the high density three (3) story "OCEAN CREST APARTMENT" complex on Calle Arroyo Street. IN-FILL PROPERTY: This site is "IN-FILL" property. It is abutted by high density or intense land use on all four (4) sides; i.e. north, south, east and west. The entire area is presently 97% fully developed except for this remaining parcel and one other. The majority of all lands in this immediate area has been or was built out many years ago, (i.e. circa 1970-1988). The subject property essentially stands alone as an undeveloped pocket within the City's core. LAND USE/ ZONING: The property will be developed as a PLANNED UNIT DEVELOPMENT ("PUD"). This is consistent with Carlsbad zoning ordinances and the surrounding area usage. The property is presently zoned as RLM which is considered to be too restrictive. In fact, every abutting projects is of much greater land use density. For example, the abutting Wintergreen Tract No. 88-2 on the North has substantially higher lot coverage based on usable pad. (i.e. substantially smaller usable lot square footage yet more lot coverage). This is additionally true of the project on the East which is a 3-story apartment complex. Lastly, the project on the west has a minimum lot size of only 3,266 square feet. Said western project is literally 40% smaller than PACIFIC VIEW'S smallest lot of 5,500 sq. ft.. Moreover, both of these projects on the east and west have higher land use densities than PACIFIC pv_app PROJECT DESCR^^tON/EXPLANATION OCT. 28, 1996, PAGE 2 OF 4. VIEW ESTATES. (i.e. more populace to land square footage). Again, on the south is the major traffic artery, CARLSBAD VILLAGE DRIVE. To restate, upon completion the subject projects land use density will still be less than all other abutting projects. PACIFIC VIEW'S actual land use density will be only 4.34 units per acre. Such is based upon 30 lots which includes seven (7) Secondary Dwelling Units (required to satisfy governments low income housing quotas). This is a total of 37 units. 37 units divided by the developments actual acreage of 8.52 acres equates to only 4.34 units per acre, (i.e. 37 units divided by 8.52 acres). LOTTAGE : As a Planned Unit Development, the project will consist of 30 single family detached residential lots. Five of these 30 lots are density bonus lots in exchange for seven (7) homes which were enlarged and widened to include within their boundaries seven (7) Secondary Dwelling Units as affordable low income housing. PACIFIC VIEW'S ("PV") lots were designed to be approximately 55' - 60' wide. Yet PV's floor plans are only 37', 39', and 41' wide. This then allows our project to enjoy larger side yards. The minimal is 5* yet in most cases, side yards are as much as 10 feet. This is good design! Moreover, with the use of 3* garden seat walls in key areas, such increases the homeowner's yards and allows for interesting and varied pad elevations. This provides an even greater feeling of privacy and renders excellent curb appeal as these homes will not be a mundane repetition of boring boxes all on one flat plain. Lot sizes range from a minimum of 5,500 square feet to as much as 13,914 square feet. The average lot size is 7,539 square feet. LOT SIZES:80% of PACIFIC VIEW'S lots exceed 6,000 square feet. Most are flat and fully usable. 70% of the projects lots are larger than 7,000 square feet. As noted, lot sizes average 7,539 square feet. Nearly all backyards are at least capable of providing a small pool and several have large side yards. Lot square footages equates as follows: LOT 5,500 - 6,000 s.f. 6,000 - 7,000 s.f. 7,000 - 8,000 s.f. 8,000 - 9,000 s.f. 9,000 - 10,000 s.f. 10,000 and Larger TOTAL LOTS: AMOUNT 6 4 13 1 3 3 30 PERCENTAGE 20% 13% 43% 3% 10% 10% 100% HOME DESIGN: AVERAGE LOT SIZE: 7,539 Sq.Ft. There will be three (3) separate floor plans. All home designs are two (2) story. All meet city height limitations and city design guidelines. Plan 1 is designed with an oversized attached two (2) car garage. Plan 2 and plan 3 are both three (3) car garages. All driveways have at least a 20* setback. Plan 1 is the smallest plan consisting of 2,105 square feet. It has 4 bedroom and 2.5 baths. Plan 1 has a lot coverage ratio of only 22.1% of an average lot. Plan 2 is an exceptional floor plan of 2,521 square feet. It has 4 sizable bedrooms and 3 full baths. Plan 3 is the largest plan at 3,025 square feet. pv app </ PROJECT DESCRlKlON/EXPLANATION OCT. 28, 1996, PAGE 3 OF 4. It boasts a 460 square foot DOWN STAIRS "Granny Suite"/Apartment Flat, (designated as "SD" for Secondary Dwelling Unit). Plan 3 has a total of 5 large bedrooms with 2.5 baths and has a typical average lot coverage factor of only 29.3%. INCLUSIONARY HOUSING REQUIREMENTS: As noted, seven (7) of the plan 3 homes have been widened to include a DOWN STAIRS flat or "Granny Suite". This will not only function as a rentable apartment unit, but will also serve as a Secondary Housing Unit ("SD"). Such will thereby satisfy the City's inclusionary housing requirements for affordable dwellings. This Secondary Dwelling Unit boasts superior design. Each Secondary Dwelling is totally independent and separated from the main home by a sound-proof demising wall. Not only do these "SD" apartments have the advantage of NO STAIRS which is ideal for the elderly, convalescing or live-in, but they also enjoy their own private exterior front door entrance and private garage. Each apartment consists of a very efficient 460 square feet which is perhaps the equivalent of possibly 600+ s.f. in a standard apartment. Simply, All space is fully usable. NO wasted halls, NO wasted entry foyers and NO wasted stairs. Each apartment may have its own private ENCLOSED and ATTACHED garage. Each unit has a standard size washer and dryer facility and a spacious full size kitchen. Moreover, each apartment has a full size private bath, a separate bedroom with large closet, and a generous living room. Extra storage is provided in the attached garage. This is well thought design. H . O . A . : The project has a dedicated common area recreational lot identified as Lot No. "31". Said lot exceeds one full acre (47,607 square feet) in green landscaping. A flat park like area provides for active and passive recreation. This recreational lot can be conveniently accessed from either "A" Street or "B" Street via a 4* asphalt (asphalt to discourage skateboarders) trail. Said trail encircles a full sized regulation volleyball court. This park area is also large enough for regulation Croquet, Badminton, Lawn Tennis and a shuffle Board Court. Along the outer perimeter will be an affluence of surrounding trees, (Eucalyptus Citriadoras, California Peppers, and several other trees and flora acceptable to City Parks and Rec.). Several picnic tables and park bench seats are planned for quiet time or walking stops along the trail. A Barbecue is planned for entertaining and picnics. A 1,200+ square foot area has been designated at the top of "A" Street to accommodate RV parking. CITY REQUESTS: In lieu of submitting for a higher density land use similar to the abutting projects, our request is for a lower density development of only 30 single family lots. Our design and density is well within compliance of all Planned Unit Development zoning requirements and City standards. In fact, PACIFIC VIEW ESTATE'S design exceeds normal side yard setbacks. This is our fourth (4th) major redesign to accommodate city requests. Though we still oppose the same, this redesign incorporates the cities desire to connect Wintergreen Street to Carlsbad Village Drive. Moreover, both streets are now designed as public routes and where requested, we have in fact redesigned full sidewalks extending the entire length. With favorable response, we have met several times with the City Municipal Water District regarding the proposed Elm Reservoir street dedication. Finally, we have pv app PROJECT DESCR^WlON/EXPLANATION OCT. 28, 1996, PAGE 4 OF 4. conferred with the City Fire Marshall and complied with the City's suggestion to grant deed street frontage access to both the Marrpn residence (APN 167-570-10), and the Dabbs residence (APN 167-250-04). ' Additionally, we have obtained twelve (12) extensive and costly Bio- Technical and other studies as recommended by the city. All with favorable results and reflecting NO environmental significance. Such includes the California Pocket Mouse study, a California Coastal Sage exploration, three separate Gnatcatcher studies, a tree analysis, two traffic studies, two sound control investigations, an archeological probe, and a paleontology study. Regarding archeological, such produced no significant finds of importance. We even carbon dated the only find on the site, a scattering of sea shells suspected to be brought up from the lagoon below by former Indians. Carbon dating reveled no importance or consequence. These studies were over- viewed by Master Consultant A. Hayworth of DuDek and Associates and approved by the Fish and Wildlife Service, Department of the Interior. The site is effectively devoid of all animal or plant species other than commons squirrels and rabbits. However, said reports did reflect a total of 1.95 acres in disturbed Coastal Sage Scrub. One area consists of 1.56 scattered acres and the other is approximately .39 acres. As documented, these areas are separated by roughly 320+ feet of open lands devoid of all vegetation. Said open area is presently used as private asphalt driveways for the above stated residences which cross the site for assess to their property. According to these reports and approved by the Department of Fish and Wildlife Service, the subject property does not support the Gnatcatcher nor any such sensitive species due to the scrub's scattered location and disturbed habitat. Moreover, the site is cut-off and isolated within a high populace area which is surrounded with intense land use on all four sides. Therefore, as set forth by the originally provided copy of the February 28,1996 letter from the U.S. Department of the Interior's, Fish and Wildlife Service, our project was given approval for the City of Carlsbad's 4-D mitigation process at a 1:1 ratio for the subject 1.95 acres in Coastal Sage Scrub. CONCLUSION: The granting of our request for a tentative tract map is reasonable as our application is within the city's zoning requirements. Moreover, we meet or exceed all City and Government requirements. For now nearly two years we have repeatedly met with the City for guidance and habitually followed the City's requests. This submittal will allow the project to enjoy the same rights possessed by abutting projects, all of which are higher density. The granting of this tract map will not be of detriment or injurious to public welfare nor, as proven by the studies enclosed, will NOT negatively affect any natural resources. Further, this request will not substantially increase local traffic, nor will it in any way bear any adverse visual restrictions or impact on vehicular street safety. Should you have any questions or if I may be of any assistance, please don't hesitate to call me direct at (619) 720-9785. Thanking you in advance for your consideration in this matter, I am, Respectfully, PACIFIC D. Jack, Managing Member pv app PACIFIC VIEW LTD. A COMMERCIAL INVESTMENT & DEVELOPMENT COMPANY P.O. Box 2198, Carlsbad, California 92018 FAX: (619) 722-6358 Telephone: (619) 722-6358 Ms. Terry Woods, Associate Planner City of Carlsbad SEP 1 6 2075 Las Palmas Drive Carlsbad, CA 92009-1576 (619) 438-1161 Ext. 4447, Fax:438-0894 RE: CT 96-03 APPLICATION FOR TENTATIVE TRACT MAP and support documents. 8.52 Acres, 30 Single Family Residential Detached Homes. Assessor Parcel No. 167-250-16; Located at N.E. Corner of Donna Drive at Carlsbad Village Drive. Dear Ms. Woods, In accordance with recent discussions and City requests, this letter will serve as a modified and updated submittal to our May 24, 1996 applications. We have reduced our design from 36 to instead, 30 lots. As previously discussed in detail, seven (7) lots shall include Secondary Housing Units in order to satisfy our inclusionary housing requirements and density bonus. We now feel confident that we have met every possible City concern and thus respectfully request that we may now be allowed to move forward, with staff's support. Submitted herewith, please find the following forms and support documentation: 1. 1 revised September 16, 1996 Project "DESCRIPTION/EXPLANATION". 2. 1 (one) copy of an 8 1/2" x 11" reduced site plan. 3. 1 (one) "SCALE MAP of SURROUNDING PROPERTY LAND USE" (i.e. Surrounding [ Property Acreage, Density, Zoning, Land Use, and Average Lot Size). 4. 1 (one) copy of Streets "A" & "B" Profiles. 5. 5 (Five) copies of "Slope Analysis/Constraints Map". 6. 5 (Five) copies of "Site Sections" to accompany said Slope Analysis. 7. 10 (Ten) copies of the September 16, 1996 revised TENTATIVE MAP, (2 pages). 8. 10 (Ten) copies of the September 16, 1996 "PRELIMINARY GRADING PLAN". 9. 10 (Ten) copies of the September 16, 1996 "SITE PLAN". 10. 10 (Ten) copies of the September 16, 1996 "PRELIMINARY LANDSCAPE PLAN". 11. 10 (Ten) copies of the September 16, 1996 "RECREATIONAL LOT" site details. 12. 10 (Ten) copies of the September 16, 1996 "ARCHITECTURAL DRAWINGS" pages [ A-l through A-6. 13. 10 (Ten) copies of the September 16, 1996 "ARCHITECTURAL GUIDELINES", pages [ A-7 and A-8. Should you have any further questions or if I may be of any assistance, please call. Thanking you again for your prompt attention in this matter, I am, Respectfully, PACIFIC VmiV ESTATES Don L. Jack, Managing Member PROJECT DESCRIPTION/EXPLANATION 9/16/96 PROJECT NAME: PACIFIC VIEW ESTATES APPLICANT NAME: PACIFIC VIEW LTD. PLEASE DESCRIBE FULLY THE PROPOSED PROJECT. INCLUDE ANY DETAILS NECESSARY TO ADEQUATELY EXPLAIN THE SCOPE AND/OR OPERATION OF THE PROPOSED PROJECT. YOU MAY ALSO INCLUDE ANY BACKGROUND INFORMATION AND SUPPORTING STATEMENTS REGARDING THE REASONS FOR, OR APPROPRIATENESS OF, THE APPLICATION. USE AN ADDENDUM SHEET IF NECESSARY. DESCRIPTION/EXPLANATION PROPERTY: The property consists of 8.52 acres and is identified as ASSESSOR PARCEL NO. 167-250-16-00 located within the City of Carlsbad. LOCATION: The property is located at the northwest corner of Carlsbad Village Drive at the intersection of Donna Way. This is behind the Elm Reservoir. NEIGHBORHOOD: Abutting the subject property on the south is the major traffic thoroughfare, CARLSBAD VILLAGE DRIVE. Directly north of the site is a small lot Condominium project on Wintergreen Drive identified as the "Hillgate Estates", (city development No. 88-02). To the west of the site is the collector traffic artery "HOSP WAY", and an existing medium density older condominium project. Directly on the east is the high density three (3) story "OCEAN CREST APARTMENT" complex on Calle Arroyo Street. IN-FILL PROPERTY: This site is "IN-FILL" property. It is abutted by high density or intense land use on all four (4) sides; i.e. north, south, east and west. The entire area is presently 97% fully developed except for this remaining parcel and one other. The majority of all lands in this immediate area has been or was built out many years ago, (i.e. circa 1970-1988). This property stands essentially alone, as an undeveloped pocket within the city's core. ZONING: The property will be developed as a PLANNED UNIT DEVELOPMENT ("PUD") which is consistent with Carlsbad zoning ordinances and the surrounding area usage. The property is presently zoned as RLM which is considered to be too restrictive as all abutting projects are typically of much greater land use density. Upon completion, this projects land use density will still be less than abutting projects. Its density will be only 3.97 units per acre based upon 30 lots divided by 7.56 net usable acres. Real Density based upon actual gross acreage will be only 3.52 units per acre (i.e. 30 lots divided by 8.52 acres). LOTTAGE : As a Planned Unit Development, the project will consist of 30 single family detached residential lots. Five of these 30 lots are density bonus lots in exchange for seven (7) homes which were enlarged and widened to pv app CPTOPROJECT DESCRIPTION/EXPLANATION SEPT. 16, 1996, PAGE 2 OF 4. LOT SIZES: accommodate seven (7) Secondary Housing Units as affordable dwellings. Most lots were designed at 55' - 60' wide yet, PACIFIC VIEW ESTATE'S floor plans are only 37', 39', and 41' wide. This then allows the project to enjoy side yard setbacks with a minimal of 5* and in most cases, yields as much as a 10' side yard. This is good design. Moreover, with the use of 3* garden seat walls in key areas, building pads enjoy varied elevations. This provides an even greater feeling of privacy and renders excellent curb appeal as these homes will not be a mundane repetition of boring boxes all on one flat plain. Lot sizes range from 5,000 to as much as 13,914 with the average lot size of 7,484 square feet. 80% of the project has lots exceeding 6,000 square feet in size and 70% of the lots are larger than 7,000 square feet. As noted, lot sizes average 7,484 square feet. Nearly all backyards are at least capable of providing a small pool and several have large side yards. Lot size count equates as follows: LOT SIZES AMOUNT 5,000 - 6,000 s.f. 6 6,000 - 7,000 s.f. 3 7,000 - 8,000 s.f. 13 8,000 - 9,000 s.f. 2 9,000 - 10,000 s.f. 3 10,000 and Larger 3 TOTAL LOTS: 30 AVERAGE LOT SIZE: 7,484 S.F. PERCENTAGE 20% 10% 43% 7% 10% 10% 100% HOME DESIGN:There will be three (3) separate floor plans. All home designs are two (2) story and meet all city height limitations and city design guidelines. Plan 1 is designed with an oversized attached two (2) car garage while plan 2 and plan 3 are both three (3) car garages. All driveways have a minimal 20* setback. Plan 1 is the smallest plan consisting of 2,105 square feet. It has 4 bedroom and 2.5 bath and has a lot coverage ratio of only 22.1% of a typical average lot. Plan 2 is an exceptional floor plan of 2,521 square feet with 4 sizable bedrooms and 3 full baths. Plan 3 is the largest plan at 3,016 square feet. It boasts a 460 square foot DOWN STAIRS "Granny Suite"/Apartment Flat, (designated as "SD" for Secondary Dwelling). Plan 3 has a total of 5 large bedrooms with 3 full baths and has a typical average lot coverage factor of only 29.3%. INCLUSIONARY HOUSING REQUIREMENTS: As noted, seven (7) of the plan 3 units have been widened to include a DOWN STAIRS flat or "Granny Suite". This will not only function as a rentable apartment unit, but will also serve as a Secondary Housing Unit ("SD") and thus satisfy the City's inclusionary housing requirements for affordable housing. This Secondary Dwelling ("SD") boast superior design. Each is totally independent of the main home and enjoys sound-proof demising wall separation. Not only do these "SD" apartments vaunt the advantages of NO STAIRS which is ideal for the elderly or convalescing, but they also possess their own private exterior entrance. Each apartment pv app PROJECT DESCRI^nON/EXPLANATION SEPT. 16, 1996, PAGE 3 OF 4. consists of a very efficient 460 square feet which is perhaps the equivalent of possibly 600+ s.f. in a standard apartment. Simply, All space is fully usable. NO wasted halls, NO wasted entry foyers and NO wasted stairs. Each apartment may have its own private ATTACHED under roof garage, standard size washer and dryer facilities, and spacious full size kitchens. Moreover, each apartment has a private bath, a separate bedroom with large closet, and a generous living room. H . O . A . : The project has a dedicated common area recreational lot identified as Lot No. "31". Said lot exceeds one full acre (49,632 square feet) in green landscaping. A flat park like area provides for active and passive recreation. This recreational lot can be accessed from either "A" Street or "B" Street by a 4* asphalt walk which encircles a full sized regulation volleyball court. Such is also large enough for regulation Croquet, Badminton, Lawn Tennis and a shuffle Board Court. Along the outer perimeter will be plenty of surrounding trees, (Eucalyptus Citriadoras and California Peppers). Several picnic tables and park bench seats are planned for quiet time, or walking stops, picnics, or the like along this trail. An 800 square foot area has been designated at the top of "A" Street to accommodate RV parking. CITY REQUESTS: In lieu of proposing a higher density land use similar to surrounding projects, our request is for a lower density development of only 30 single family lots. Our design and density is within compliance of all Planned Unit Development zoning requirements and City standards. In fact, PACIFIC VIEW ESTATE'S design exceeds standard side yard setbacks. This is our fourth (4th) major redesign to accommodate city requests. Though we still oppose the same, This redesign incorporates the cities desire to connect Wintergreen Street to Carlsbad Village Drive. Moreover, both streets are now designed as public routes and have full sidewalks extending the entire length. With favorable response, we have met several tunes with the City Municipal Water District regarding the proposed Elm Reservoir street dedication. Finally, we have conferred with the City Fire Marshall and complied with the City's suggestion to grant deed street frontage access to both the Marron residence (APN 167-570-10), and the Dabbs residence (APN 167-250-04). Additionally, we have obtained twelve extensive and costly Bio-Technical studies on the property with favorable results reflecting NO environmental significance. Such includes the California Pocket Mouse study, California Coastal Sage, three separate Gnatcatcher studies, a tree study, two traffic studies, two sound control investigations, an archeological probe, and a paleontology study. Regarding archeological, such produced no significant finds of importance. We even carbon dated the only find on the site, a scattering of sea shells suspected to be brought up from the lagoon below by former Indians. Carbon dating reveled no importance or consequence. These studies were over-viewed by Master Consultant A. Hayworth of DuDek and Associates and approved by the Fish and Wildlife Service, Department of the Interior. The site is effectively devoid of all animal or plant species other than commons squirrels and rabbits. However, said reports did reflect pv app PROJECT DESCRlWlON/EXPLANATION SEPT. 16, 1996, PAGE 4 OF 4. a total of 1.95 acres in Coastal Sage Scrub. One area consists of 1.56 acres and the other is approximately .39 acres. As documented, these areas are separated by roughly 320+ feet of open lands devoid of all vegetation. Said open area is presently used as private asphalt driveways for the above stated residences which cross the site for assess to their property. According to these reports and approved by the Department of Fish and Wildlife Service, the subject property does not support the Gnatcatcher nor any such sensitive species due to the scrub's scattered location and disturbed habitat. Moreover, the site is cut-off and isolated within a high populace area which is surrounded with intense land use on all four sides. Therefore, as set forth by the originally provided copy of the February 28, 1996 letter from the U.S. Department of the Interior's, Fish and Wildlife Service, our project was given approval for the City of Carlsbad's 4-D mitigation process at a 1:1 ratio for the subject 1.95 acres in Coastal Sage Scrub. CONCLUSION: The granting of our request for a tentative tract map is reasonable as our application is within the city's zoning requirements. For now more than one year we have repeatedly met with the City for guidance and habitually followed their requests. This request will allow the project to enjoy the same rights possessed by others, most of which are higher density projects in this same immediate local and in fact, many of which physically abut this site. The granting of this tract map will not be of detriment or injurious to public welfare nor, as proven by the studies enclosed, will NOT negatively affect any natural resources. Further, this request will not substantially increase local traffic, nor will it in any way bear any adverse visual restrictions or impact on vehicular street safety. Should you have any questions or if I may be of any assistance, please don't hesitate to call me direct at (619) 720-9785. Thanking you in advance for your consideration in this matter, I am, Respectfully, PACIFIC VIEW ESTATES D. Jack Managing Member pv app PACIFIC VIEW LTD. A COMMERCIAL INVESTMENT & DEVELOPMENT COMPANY P.O. Box 2198, Carlsbad, California 92018 FAX: (619) 722-6358 Telephone: (619) 722-6358 August 2, 1996 Ms. Terry Woods, Associate Planner City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009-1576 (619) 438-1161 Ext. 4447, Fax:438-0894 RErAPPLICATION FOR TENTATIVE TRACT MAP 96-3 and support documents thereto. 8.52 Acres, 30 Single Family Residential Detached Housing. Assessor Parcel No. 167-250-16; Located at North Corner of Donna Way at Carlsbad Village Drive, City of Carlsbad Dear Ms. Woods, The above referenced application for TENTATIVE TRACT MAP 96-3 includes: 1. A General Plan Amendment ($2,500), 2. and a Zone Change ($850). In accordance with our prior discussions, this letter will serve as our request to withdraw our present application for said General Plan Amendment and Zone Change. We understand we shall receive a full refund in the amount of $3,350. Should you have questions, please don't hesitate to contact me at (619) 720— 9785. Thanking you in advance for your consideration and prompt attention in this matter, I am, Respectfully, PACIFIC VIEW ESTATES D. Jack, Managing Member DJ/m PROraCT DESCRIPTION/EXPLAN/B'ION PROJECT NAME: PACIFIC VIEW ESTATES APPLICANT NAME: PACIFIC VIEW LTD. PLEASE DESCRIBE FULLY THE PROPOSED PROJECT. INCLUDE ANY DETAILS NECESSARY TO ADEQUATELY EXPLAIN THE SCOPE AND/OR OPERATION OF THE PROPOSED PROJECT YOU MAY ALSO INCLUDE ANY BACKGROUND INFORMATION AND SUPPORTING STATEMENTS REGARDING THE REASONS FOR, OR APPROPRIATENESS OF, THE APPLICATION. USE AN ADDENDUM SHEET IF NECESSARY. DESCRIPTION/EXPLANATION PROPERTY: The property consists of 8.52 acres. This site is identified as ASSESSOR PARCEL NO. 167-250-16-00 located within the City of Carlsbad. LOCATION: The property abuts and is located north of Carlsbad Village Drive at the intersection of Donna Way, behind the Elm Reservoir, City of Carlsbad. NEIGHBORHOOD: Abutting the subject property on the south is the major traffic thoroughfare, Carlsbad Village Drive. Directly north of the site is the small lot Condominium project on Wintergreen Drive identified as the "Hillgate Estates", city development No. 88-02. To the west of the site is the collector traffic artery "Hosp Way", and an existing medium density condominium project. On the east is the high density three (3) story "Ocean Crest" apartment complex on Calle Arroyo Street. IN-FILL PROPERTY: This site is "IN-FILL" property. It is abutted by high density or intense land use on all four (4) sides; north, south, east and west. The entire area is presently 97% fully developed except for this remaining parcel and one other. Nearly all of the land in this immediate area has been or was built out many years ago, (i.e. circa 1970-1986). This property stands essentially alone, as an undeveloped pocket within the city's core. ZONING: The property will be developed as a PLANNED UNIT DEVELOPMENT ("PUD") which is consistent with Carlsbad zoning ordinances and the surrounding area usage. The applicant has made formal city application to convert the property to Residential Medium (RM) zoning which allows from 4 to 8 units per acre with a target of 6 UPA. Upon completion, this sites density will be only 4.89 units per acre based upon 37 homes divided by 7.56 net usable acres. Density based upon gross acreage will be only 4.34 units per acre (i.e. 37 lots divided by 8.52 acres). LOTTAGE : As a Planned Unit Development, the project will consist of 37 single family detached residential lots. Most lots were designed at a minimal 50' wide yet, PACIFIC VIEW ESTATE floor plans are only 37' and 38' wide. This then allows the project to enjoy side yard setbacks with a minimal of 5', to as pv app IPTION/EXPLANATION ^PROJECT DESCRIPTION/EXPLANATION MAY 24, 1996, PAGE 2 OF 3. much as 8' from the property line. Moreover, with the use of 31 garden seatwalls in key areas, building pads are at different elevations. This provides an even greater feeling of privacy and renders more curb appeal as these homes will not be a mundane repetition of boring boxes all on one flat plain. Lot sizes range from 4,000 to as much as a 14,000 with the average lot size at 6,456 square feet. PROJECT: There will be three (3) separate floor plans. All home designs are two (2) story and do not exceed city height limitations. Plan 1 is designed with an attached two (2) car garages while plan 2 and plan 3 are both three (3) car garages. All driveways are a minimal 20* deep. Plan 1 is the smallest plan consisting of 2,105 square feet. It has 4 bedroom and 2.5 bath and covers only 23% of a typical average lot. Plan 3 is the largest plan at 2,820 square feet and boasts a DOWN STAIRS "Granny Suite"/Apartment Flat (designated as "SA" for Studio Apartment) of 353 square foot. Plan 3 has a total of 5 bedrooms and 3.5 baths and a lot coverage factor of only 32%. INCLUSIONARY HOUSING REQUIREMENTS: Seven (7) of the plan 3 units have been designed to include a DOWN STAIRS "Granny Suite"/Apartment Flat. Such will serve as rentable apartment flats or secondary housing to accommodate the City's Inclusionary Housing requirements. Said Apartment Flats are keenly designed to be totally independent of the main home, and have NO STAIRS, which is ideal for the elderly. Each Apartment consists of a very efficient 353 square foot and boast their own full private bath, large closet, complete full size Kitchen facilities, and abundant storage space. Each is fully self-contained with its own separate exterior entrance, fully sound-proof demising walls, and private under roof garage parking available. Said GRANNY SUITE/apartment flats shall serve and meet this projects Inclusionary Housing requirements. H . O . A . : The project has a dedicated common area recreational lot, (identified as Lot No. "44"). Said lot "44" exceeds 8/10th of an acre (35,944 square feet) in green landscaping and a 7,400+ square foot active area pad. The recreations planned for this common area consists of a fenced community private pool with an 8* octagon spa, an immense sun deck area, a barbecue, an enclosed children's Tot-Lot, a huge handicap bath, a 300'+ canopy lattice veranda, of an outside shower, a large 24'x 60* open rectangular grass belt large enough for Volleyball, Croquet and other such active sports, and perhaps a shuffle Board Court. Further, we have incorporated 4 common area parking stalls on "A" Street, and 2 parking stall on "B" street. The Recreational area is serviced by two (2) paved paths, i.e. one form each street. The path from "B" Street is 4' wide while Street "A" shall be 10' wide and paved to accommodate vehicular maintenance access. Additionally, "A" Street houses a 1,460 square foot enclosed lot for "RV" parking. CITY REQUESTS: In lieu of proposing a higher density land use as similar to the surrounding properties, our request is for a lower density development at only 37 single family lots. Our design and density is within compliance of typical Planned Unit Development zoning requirements and City standards. In fact, PACIFIC VIEW ESTATE design exceeds standard side yard setbacks at typically 7' and 5' setbacks, instead of 5' and 5' respectively. pv app iSlON/EXPLANATION ^PROJECT DESCRICTION/EXPLANATION MAY 24, 1996, PAGE 3 OF 3. By city request, this is our forth (4th) major redesign and though we still oppose the same, incorporates the cities request for project access to Wintergreen Street form Carlsbad Village Drive. Moreover, both streets are now designed as public streets and have full sidewalks running the entire length. With favorable response, we have met with the City Municipal Water District regarding the submitted Elm Reservoir street dedication. Finally, we have conferred with the City Fire Marshall and complied with the City's suggestion to grant deed street frontage access to both the Marron residence (APN 167-570-10), and the Dabbs residence (APN 167-250-04). Additionally, we have obtained twelve expensive and lengthy Bio-Technical studies on the property with favorable results. Such includes the California Pocket Mouse study, California Coastal Sage, three separate knatcatcher studies, a tree study, two traffic studies, two sound control investigations, an archeological probe, and a paleontology study. Regarding archeological, such produced no significant finds of importance. We even carbon dated the only find on the site, a scatering of sea shells suspected to be brought up from the lagoon below by Indians some 1,000 years ago. Carbon dating reveled no importance or consequence. These studies were over-viewed by Master Consultant A. Hayworth of DuDek and Associates and approved by the Fish and Wildlife Service, Department of the Interior. The site is effectively devoid of all animal or plant species other than commons squirrels and rabbits. However, said reports did reflect a total of 1.95 acres in Coastal Sage Scrub. One area consists of 1.56 acres and the other is approximately .39 acres. These areas are separated by roughly 320± feet of open lands devoid of all vegetation. Said open area is presently used as private asphalt driveways for local residences which cross over the site for assess to their residences. According to these reports, the subject property does not supports the gnatcatcher or any such sensitive species due to the scrub's scattered location and disturbed habitat. Moreover, the site is cut- off and isolated within a high populace area and surrounded with intense land uses on all four sides. Therefore, as set forth by the enclosed copy of the February 28, 1996 letter from the U.S. Department of the Interior's, Fish and Wildlife Service, our project was given approval for the City of Carlsbad's 4-D mitigation process at a 1:1 ratio for the subject 1.95 acres in Coastal Sage Scrub. CONCLUSION: The granting of our request for a tentative tract map is reasonable as our application is within the city's zoning requirements. This request will allow the project to enjoy the same rights possessed by other higher density properties in this same immediate local, many of which actually abut the site. The granting of this tract map will not be of detriment or injurious to public welfare nor as proven by studies enclosed, will not negatively affect any natural resources. Further, this request will not substantially increase local traffic, nor will it in any way bear an adverse visual restrictions or impact on vehicular street safety. Should you have any questions or if I may be of any assistance, please don't hesitate to call me direct at (619) 720-9785. Thanking you in advance for your consideration in this matter, I am, Respectfully, PACIFIC D. Jack, Managing Member pv app PROJECT DESCRIPTION/EXPLANATION PROJECT NAME: APPLICANT NAME: PACIFIC VIEW ESTATES D, JACK (619)720-9785 Please describe fully the proposed project. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation. REGARDS : The property consists of 8.52 acres. This is unimproved land identified as ASSESSOR PARCEL NO. 167-250-16-00 located within the City of Carlsbad. LOCATIONST/ie site abuts and is located north of Carlsbad Village Drive at the intersection of Donna Way, behind the Ebn Reservoir, City of Carlsbad. SURROUNDING PROPERTIES: Abutting the subject property on the south is the major traffic thoroughfare, Carlsbad Village Drive. Directly north of the site is the small lot Condominium project on Wintergreen Drive identified as the "Hillgate Estates", city development No. 88-02. To the west of the site is the collector traffic artery "Hosp Way", and an existing medium density condominium project. On the east is the high density three (3) story "Ocean Crest" apartment complex on Calle Arroyo Street. IN-FILL PROPERTY: The subject site is considered "IN-FILL" property and is abutted by high density or intense land use on all four (4) sides. In fact, the entire area is presently 97% fully developed except for this remaining parcel and one other. Nearly all of the land in this immediate area has been or was developed many years prior, (i.e. circa 1970-1986). This property stands essentially alone, as an undeveloped pocket within the city's core. ZONING: The property will be developed as a PLANNED UNIT DEVELOPMENT ("PUD") which is consistent with Carlsbad zoning ordinances and the surrounding area usage. Density will be 4.23 units per acre based upon 36 homes divided by 8.52 acres. LOTTAGE : As a Planned Unit Development, the project will consist of 36 single family detached residential lots. All lots are designed at a minimal 50' wide yet, Rev. 4/91 ProjDeac.frm PROJECT DESCRICTKON/EXPLANATION MARCH 22, 1996 PAGE 2 OF 3. PACIFIC VIEW ESTATES are only 37' and 38' wide. This then allows our project to enjoy side yard setbacks with a minimal of 5', to as much as 8' from the property line. Moreover, with the use of retaining walls, building pads are at different elevations. This provides an even greater feeling of privacy and renders more curb appeal as the homes will not be insipid, all in an unvaried row. Lot sizes range from 4,071 to 16,243 square feet with the typical average lot at approximately 6,500 square feet. PROJECT: There will be three (3) separate floor plans. All home designs are two (2) story and do not exceed height limitations. Plan 1 is designed with an attached two (2) car garages while plan 2 and plan 3 are both three (3) car garages. All driveways are a minimal 20' deep. The smallest plan consists of 2,105 square feet and has 4 bedroom and 2.5 bath. The largest plan is 2,704 square feet and has 5 bedrooms and 3 baths. INCLUSIONARY HOUSING REQUIREMENTS: Seven (7) of the 2,704 square foot units have been designed for conversion of the downstairs bedroom. Such may be modified to incorporate a second residence identified as a "GRANNY SUITE" or rentable apartment Hats. Said apartment flats are totally independent of the main home and consist of 237 square foot. Each is fully self-contained with its own kitchenette, cooking and bath facilities. These GRANNY SUITES/apartment flats shall serve and meet this projects Inclusionary Housing requirements. H . 0 . A . : The project shall have a dedicated common area recreational lot, (identified as Lot No. "A"). Said lot "A" is approximately 8/1 Oth of an acre in open green landscape area and a 9,000+ square foot building pad. The active recreation planned for this common area community lot consists of a neighborhood pool, spa, sunning decks, barbecue, shuffle board and grass leisure area. A bathroom/dressing room is planned for the southwest corner. There will be a homeowners association which shall care for any and all such common areas including the common landscape slope identified as lot "B" on "Rue La Margaret". CITY REQUESTS: In lieu of proposing a high density use as with some other surrounding properties, our request is for a lower density development at only 36 single family lots. Our design and density is within compliance of typical Planned Unit Development zoning requirements and City standards. In fact, PACIFIC VIEW ESTATE design exceeds standard side yard setbacks at typically 7' and 5' setbacks, instead of 5' and 5' respectively. PROJECT DESCRlM:ON/EXPLANATION- MARCH 22, 1996 PAGE 3 OF 3. Per city request, we have redesigned our project with ingress from Carlsbad Village Drive and both streets now have full sidewalks running the entire length. With favorable response, we have met with the City Municipal Water District regarding the Elm Reservoir street dedication. Moreover, we have conferred with the City Fire Marshall and complied with the City's suggestion to Grant street frontage access to both the Marron residence (APN 167-570-10), and the Dabbs residence (APN 167-250-04). Said Dabbs ingress-egress will be 32' wide as suggested by City engineering. Additionally, we have procured a Bio-Technical Study on the property with favorable results. This report was prepared by Consultant Ms. Anita Hayworth of DuDek and Associates and approved by the Fish and Wildlife Service. The site is effectively devoid of species other than squirrels and rabbits. However, said report reflects 1.95 acres in Coastal Sage Scrub. One area consists of 1.56 acres and the other is approximately .39 acres. These areas are separated by roughly 320+ feet of open lands devoid of all vegetation. Said open area is presently used as private asphalt driveways for three (3) local residences which cross over the site for assess to their residences. According to this report, it is unlikely this subject property supports the gnatcatcher or any such other species due to the scrub's scattered location and disturbed habitat. Moreover, the site is cut-off and isolated within a high populace area and surrounded with intense land uses on all four sides. Therefore, as set forth by the enclosed copy of the February 28, 1996 letter from the U.S. Department of the Interior's, Fish and Wildlife Service, our project is approved for the City of Carlsbad's 4-D mitigation process at a 1:1 ratio for the subject 1.95 acres in Coastal Sage Scrub. CONCLUSION: The granting of our request for a tentative tract map is reasonable and is within the city's zoning requirements. This request will allow the project to enjoy the same rights possessed by other properties in this same immediate local. The granting of this tract map will not be of detriment or injurious to public welfare or natural resources. Further, this request will not substantially increase traffic, nor will it bear any adverse visual restrictions or impact on vehicular street safety. Should you have any questions or if I may be of any assistance, please don't hesitate to call me direct at (619) 720-9785. Thanking you in advance for your consideration in this matter, I am, Respectfully, PACIFIC VIEWZSTATES D. Jack Managing Member PACIFIC VIEW LTD. A COMMERCIAL INVESTMENT & DEVELOPMENT COMPANY P.O. Box 2198, Carlsbad, California 92018 FAX: (619) 722-6358 Telephone: (619) 722-6358 March 22, 1996 ^>^d V^ig) Ms. Terry Woods, Associate Planner City of Carlsbad pr,, 2075 Las Palmas Drive f .L ^ ^ - v • --,, Carlsbad, CA 92009-1576 : - - . (619) 438-1161 Ext. 4447, Fax:438-0894 RE: APPLICATION FOR TENTATIVE TRACT MAP (revised from initially 95-7) and support documents. 8.52 Acres, 36 Single Family Residential Detached Housing. Assessor Parcel No. 167-250-16; Located at North Corner of Donna Way at Carlsbad Village Drive, City of Carlsbad Dear Ms. Woods, This letter will serve as our application for a PLANNED UNIT DEVELOPMENT TENTATIVE TRACT MAP for the above referenced project. Enclosed, please find the following application forms and support documentation: 1. City of Carlsbad "LAND USE REVIEW APPLICATION". 2. Project "DESCRIPTION/EXPLANATION". 3. Copy of Owners "LETTER OF AUTHORIZATION", (the original was furnish to Carlsbad on October 16, 1995 in CT-95-7). 4. One (1) set of nine (9) color photographs of property, South, North, East and West, (please recover the original which were furnish on October 16, 1995 in CT-95-7). 5. Environmental Impact Assessment Form - Part 1 6. A copy of the February 28, 1996 "4-D MITIGATION APPROVAL" from United States Department of the Interior, Fish and Wildlife Service. 7. December 26, 1995 PALEONTOLOGICAL STUDY from San Diego Natural History Museum. 8. One notarized original and one copy of the PUBLIC FACILITIES FEE AGREEMENT. 9. City of Carlsbad "DISCLOSURE STATEMENT". 10. Property Owners List, 2 sets of address labels and accompanying 600* radius map, (please recover the original which were provided on October 16, 1995 in CT-95-7). 11. Preliminary Hydrology Map and Calculations, (originals were provided on October 16, 1995 in CT-95-7). 12. Three copies of the Preliminary Title Report. 13. School District letter indicating school facilities available. 14. Statement of Agreement to waive Tentative Subdivision Map time limits. 15. Constraints Map and Five copies of Slope Analysis and Profiles. 16. Two copies of Preliminary Soils/Geologic Report. pv app Ms. Terry Woods, Associate Planner March 22, 1996 Page 2 of 2. 17. Hillside Development Permit application. 18. Five copies of the Preliminary Landscape plan. 19. Ten copies of tentative map. 20. One copy of 8 1/2" x 11" reduced site plan and one 8 1/2" x 11" location map. 21. Copy of the November 27, 1995 Leighton Noise Control Study. 22. Copy of the January 18, 1996 Traffic Study. 21. Fee Check enclosed...$ Finally, as there could be opposition from the Wintergreen Drive Homeowners regarding the connection of their street, I have enclosed the following reference data: a copy of the October 10, 1995 letter refuting the city's requirement for connection to Wintergreen Drive, and the January 22, 1996 O'Rourke Engineering Traffic Impact Analysis for Wintergreen Drive Connection. Should you have any questions or if I may be of any assistance, please don hesitate to call me at 619/720-9785. Thanking you in advance for your assistance, I am, Respectfully, PACIFIC VIEW D. Jack Managing Member pv app LETTER OF AUTHORIZATION r\ OCTOBER 9, 1995 cO I, ___ ILJiYAJi. ___ , (hereinafter "ASSIGNOR"), do hereby appoint !>AC/F1C VIEW LTD., and/or DON L. JACK, (hereinafter "APPOINTEE"), as my/our authorized agent on all matters pertaining to the development of the property Identified as: . 8.52 acres of RAW LAND, ZONED: Residential Agricultural in the City of Carlsbad, County of San Diego, CA. Said property is furtlicr known as assessor's pored number 167-250-1G and Is approximately located norUi of Carlsbad Village Drive, souUt of WJntergreen Drive, east of Hosp Way, ond west of Calle Arrooyo, in the City of Cailsbad. This appointment und/or agency includes, hut Is not limited to, the filing of any and all city, utility or governmental applications, appeals, petitions, protests, claims, and renditions, reviews, public hearings, appraisals, soil reports, sub-contractors, appearances before authorities, parties, commissions, councils, appeal boards, or the like, and moreover, for receiving notices of decisions regarding same. ASSIGNOR agrees to sign and return upon receipt, al! additional authorizations or pertinent documentations as required by the above or any specific Jurisdictions if and when necessary. APPOINTEE, PACIFIC VIEW LTD., and/or D. JACK, are responsible for all costs and liabilities related to the development process and hold ASSIGNORS harmless. Said APPOINTEE shall be responsible to keep the property free of any liens that could result from tills Authorization. APPOINTEE is authorized to proceed as though property owner were personally present and involved In the proceedings. APPOINTEE may (at APPOINTEES responsibility for all costs thereof) employ representatives, assistance, or any other such agents including but not limited to Architectural or Engineering firms as determined by APPOINTEE. "ASSIGNORS" D.RYAN Author1zn 1995 PACIFIC VIEW LTD. A COMMERCIAL 1NTVF.STMFNT & DUVH.OPMIiN'l COMPANY P.O. Box 2198, On-!sb;id, California 9?OKS FAX: (619) 722-6358 Telephone: (6 ! y ) 722-6358 October 10, 1995 Mr. Christer WcsUnan, Associate Planner City of Carlsbad, 2075 Las Palmas Drive Carlsbad, CA 92009-1576 ((it 9) 438 1161 Ext. 4448 Rt:: 8.52 Acres, 24 single family residential lots, Assessor Parcel No. 1^7 250 16; I. tested at North Corner of Donna Way at Carlsbad Village Drive, City of Carlsbad, CA SI. Hi: lixLension of Wintergreen Drive to Carlsbad Village Drive. #/•;/•: Preliminary Review Application fPKE) # 95-18 Dear Mr. We.stman, Thank you for meeting with Mr. Ron Grunow, P.E., of R.D.G. Iwgincering and myself this morning. This letter is to request that the city NO'L Ri-'.Ql.llUI^ TIIAT WMWGVM through our tract, to Curkbvd ~ Village ~Drive. This letter will provide written explanation supporting our request. Please let we explain. To refresh your memory, the Carlsbad engineering department has suggested that the existing Whitcrgreen Drive project to the north, (i.e. identified us exist in-- subdivision numlyer CT 88-02 consisting of 34 homes), should fxirhaps he extended Lhf-mgh our tract i o Carlsbad Village Drive. We see no reason for same. In Fad, as noted In-low, the. City of Carlsbad F/'re Marshall agrees. We are strongly opposed to burdening our tract with a public thoroughfare directly through the middle of our project. Moreover, cursory input from Wintergreen Drive. homeowners also intensely reject connecting these streets. l-'irst , we feel it unfair and unreasonable to expect our site to be hand cuffed to an old proposed design of 7 years ago by the adjacent project. We were never not Hied of any such suggestion, nor were we given an opportunity for rebuttal. ft'coiid, present city zoning mandates that our property be developed with large lots of 10,000 square feet or greater, Yl±r all around our site is IRQU density, (i.e. apartments niiti cjindomin'nmis). If we are saddled with such large lot requirements, then it Is only reasonable and logical that a separation of land use congenial to the city's inundate be maintained. Simply, our project will contain lots consisting of 10,000 square feet. Yet, project 88-02, and others about us are zoned and maintain lots averaging only 4,000* square feet. Our project is extremely low density, while 88-02 and the others are of high density land use. Therefore, these tracts should be kept separate to maintain their own individual qualities. TJitrd. We have studied the possibilities of connecting Wintergreen Drive, to our tract. At present, motorists must travel down Ilosp Way all the way to the stop sign, tltcn must drive uphill on Monroe Street to reach the major traffic artery, i.e. Carlsbad Village Drive. If in fact W'mlergreen Drive is connected to our tract, sui:h will invariably create n shm t cut from llosp Way to Carlsbad Village Drive. ( hrxwv- 1 'W!} Mr. Chrlster Westman, Associate Planner October 10, 1995 Page 2 of 2. Consider as one example, the existing Wintergreen Drive home which Is presently located cjoscstto the intersection ofHosp Way. It Is quite reasonable to assume that said homeowner would most likely cut through our tract in quick chase to Carlsbad Village Drive. With this the case, it Is further reasonable to assume that MOST OTHER HOSP WAY travelers will also cut through our tract as the fastest route. In summary, it makes sense that a majority of the present Hosp Way motorists and Wintergreen Drive homeowners will naturally re-route through our tract in swift pursuit of the major traffic artery, Carlsbad Village Drive. This is not the City's Intent nor the most prudent act for presei-vlng a quality neighborhood environment. In fact, we feel a connection to Wintergreen Drive will devastate two (2) of the city's better neighborhoods. Traffic flow should remain on Hosp Way for which it was designed and not diverted tfirough our residential neighborhoods. forth, it cannot be refuted! Historically, long streets create speeding problems. Without a doubt, connecting these streets will create danger as motorists race through the streets of both the adjacent development 88-02 and our tract. Wintergreen Drive and Street "A" (i.e. Corte DaVId) will be unreasonably burdened and become highly traveled surface streets thus losing the quality of the City's intent and purpose of our tracts large lot estate zoning. At present, Wintergreen Drive and Doreet Way homeowners enjoy a wonderful quality of life. They appreciate quiet peaceful living on a low traffic cul-de-sac'. They have Invested substantial dollars in their properties relying on same. Yet, If Wintergreen Drive is in fact connected through our tract to Carlsbad Village Drive, these homeowners will suffer a major loss of privacy, a substantial reduction in property values, and the taking of their rights to quiet enjoyment. In short> great injury will be caused.... for what? The intent and logic of large lot zoning will be sacrificed In trade for a dangerous tlwroughfare, noise pollution, and disrupted property rights. Finally, we have- (Ji&cussed this matter with tlie City of Carlsbad's Fire Marshall, Mr. Mike Smith. Mr. Smith also agrees that connecting Wintergreen with our housing tract would be detrimental to both developments. He appreciates that homeowners do not wane the streets to connect as it will disrupt their "Quality of Life". In fact, Mr. Smith has conducted a fire department mileage and response time study. Said study indicates for fire emergencies, there appears to be ^O significant advantage to connecting tliese. streets. Actually to the contrary, Mr. Smith has remarked I hut connecting these two streets may even be detrimental. He suggests that most likely, Wintergreen Drive is incapable of safely_ handling the additional traffic. It is simply too narrow and speeding motorists may place pedestrian safety at risk. We feel that parents dS._nQt want their children exposed to the danger of busy speedways and will fear for their safely. In conclusion, we are respectfully requesting thtt the two sights be allowed to remain as separate developments, WITHOUT needlessly connecting these two streets. Should you have any questions or if I may be of any ass/ilance, please don't hesitate to call me direct at (619) 722-6358. Thanking you in advance for your considerations in this matter, 1 am,Respectfully PACIFIC V&WLTD. \•«•<• D. Jack, c.c.i.i. Managing 193'j O'ROURKE ENGINEERING January 22, 1996 Mr. Don L. Jack PACIFIC VIEW ESTATES P.O. Box 2198 Carlsbad, CA 92018 2237 Faraday Avenue Suite 120 Carlsbad California 92008 619431-6763 FAX: 619 431-0672 415 N. Vineyard Avenue Suite 200 Ontario California 91764 909 467-0221 FAX: 909 467-0178 2677 N. Main Street Suite 860 Santa Ana California 92705 714541-9011 Re: Traffic Impact Analysis for Wintergreen Drive Connection to Carlsbad Village Drive, City of Carlsbad Dear Mr. Jack: O'Rourke Engineering has completed a traffic impact analysis for the above referenced project. The results of the analysis are summarized below. Background Pacific View Estates propose to develop up to 48 single family dwelling units north of Carlsbad Village Drive and south of Wintergreen Drive. The City of Carlsbad had proposed that a connection be provided from Wintergreen Drive to Corte DaVid (Rue Le DaVid) Street for direct access to the major arterial Carlsbad Village Drive. The connection is not a desired component of the project. O'Rourke Engineering was retained to prepare a traffic analysis to determine the impacts associated with providing such a connection. In addition, the City requested the determination of the need for a signal at Hosp Way and Wintergreen Drive. The project location is shown in Attachment A. Analysis To address the impact of the through connection and the need for signalization, traffic assignments were prepared for the two scenarios: with and without the connection. The resultant assignments are shown on Attachment B. As can be seen, the change in volume is slight. Some project traffic was reassigned to access the site via Wintergreen and some traffic on Wintergreen was reassigned to Donna Drive. The effect on roadway capacity is minimal. In fact, in some cases the reassigned volumes negated each other. Furthermore, the need for signalization at Donna Drive/Carlsbad Village Drive which was addressed hi a previous analysis, will not be effected. Finally, the need for signalization at Hosp/Wintergreen in not warranted. The results of the peak hour warrant analysis with or without the connection are summarized in Table 1. Carlsbad • Ontario • Santa Ana • Florida Mr. Don L. Jack Traffic Impact Analysis for Wintergreen Drive Connection to Carlsbad Village Drive, City of Carlsbad Page 2 TABLE 1: SIGNAL WARRANT ANALYSIS RESULTS a. Carlsbad Village Drive/Donna Drive (Donna Court) EXISTING Traffic Volumes Major 794 Minor 46 Warrant Yes or No No EXISTING + PROJ. W/O THROUGH CONNECTION Traffic Volumes Major 820 Minor 50 Warrant Yes or No No EXISTING + PROJ. WITH THROUGH CONNECTION Traffic Volumes Major 824 Minor 50 Warrant Yes or No No b. Hosp Way/ Wintergreen Drive EXISTING Traffic Major 163 Volumes Minor 8 Warrant Yes or No No EXISTING + PROJ. W\O THROUGH CONNECTION Traffic Volumes Major 169 Minor 8 Warrant Yes or No No EXISTING + PROJ. WITH THROUGH CONNECTION Traffic Volumes Major 170 Minor 8 Warrant Yes or No No Although the connection of Wintergreen Drive to Corte DaVid Street is not expected to have a significant impact at the intersection of Carlsbad Village Drive and Donna Court (Donna Drive), it has the potential to increase traffic on both Wintergreen Drive and Corte DaVid. Moreover, the connection has the potential to divert additional traffic off of Hosp Way through the subject property via Wintergreen Drive and Corte DaVid to access Carlsbad Village Drive. It is this diversion of traffic from Hosp Way travelling to Carlsbad Village Drive that will have a negative impact on the residents along Wintergreen Drive and Corte DaVid. Furthermore, the connection, while disrupting the new development's uniqueness, provides little benefit to area circulation. This disruption and the potential diversion impacts on the project outweigh any intended benefits to local circulation that the connection was to have. For these reasons, the connection is not recommended. Mr. Don L. Jack Traffic Impact Analysis for Wintergreen Drive Connection to Carlsbad Village Drive, City of Carlsbad Page 3 It has been a pleasure working with you. If you have any questions or need further assistance, please do not hesitate to contact this office. Very truly yours, O'ROURKE ENGINEERING 5usan^t?fcourke, P.E President Attachment b:\rarb24u.rpt POTKNTIA I, CONNECTION PROJECT SITE ATTACHMENT A LOCATION MAP 48 D.U. RESIDENTIAL - CARLSBADO'ROUftKff ENGINEERING PROJECT SITE A NTS ^POTENTIAL CONNECTION LEGEND XX WITH THE POTENTIAL THROUGH CONNECTION (XX) WITHOUT THE POTENTIAL THROUGH CONNECTION O'ROURKE ENGINEERING ATTACHMENT B EXISTING PLUS PROJECT PM PEAK HOUR 48 D.U. RESIDENTIAL - CARLSBAD I VI I I I I I I I I I I I I I I I I I STATEMENT OF AGREEMENT TENTATIVE PARCEL MAP CITY OF CARLSBAD The Subdivision Map Act and the Carlsbad Municipal Code sets a fifty (50) day time restriction on Engineering Department processing. This time limit can only be extended by the mutual concurrence of the Applicant and the City. By accepting applications for Tentative Parcel maps concurrently with applications for other approvals which are prerequisites to the Map (i.e., Environmental Assessment, Environmental Impact Report, Condominium Plan, Planned Unit Development, etc.), the fifty (50) day time limits are often exceeded. If you wish to have your application processed concurrently, this agreement must be signed by the Applicant or his agent, if you choose not to sign the statement, the City will not accept your application for the Tentative Parcel Map until all prior necessary entitlements have been processed and approved. The Undersigned understands that the processing time required by the City may exceed the time limits; therefore, the Undersigned agrees to extend the time limits for City Engineer action and fully concurs with any extensions of time up to one (1) year from the date the application was accepted as complete to properly review all of the applications. t SIGNATURE DATE "b. TAok_ NAME (PLEASE PRINT) RELATIONSHIP TO APPLICATION (PROPERTY OWNER/AGENT) 7 WHEN RECORDED, PLEASE HAIL THIS INSTRUMENT TO: Henry L. Hague, Bag. Fiest, Vetter, Knauf S Loy 810 Mission Avenue, suite 300 Post Office Box 240 Oceanside, California 92049-0240 HO TRANSFER TAX DUE DL Hi 1991-0273455 07-JUN-1991 11*34 AH SW DIM COUHTH CSfOEF'? (FCKE«TE EWNS. COWiTY ftCCflESffi '.Of FEES' !i.O? »< i.OC W> If: I.Ofl ^ASBMBHT FOR PRIVATE ACCESS For good and valuable consideration, receipt of which is herebyacknowledged, the undersigned hereinafter called GRANTOR(S), do(es) hereby grant, convey and dedicate to Kenneth R. Dabbs and Carolyn L. Dabbs, hereinafter called GRANTEE, the right of way and incidents there to for private driving and access upon, over and across that certain real property in the County of San Diego, State of California, described as follows: See Exhibit "Au for legal description and Exhibit "B" forPlat Illustrating the Private Access Easement. The easement hereinabove granted shall automatically cease, terminate and be of no further force and effect at such time as the holder of the servient tenement, be it the GRANTOR herein or his heirs, successors or assigns, provides an alternative equivalent easement front the dominant tenement served by theabove-stated easement, through the servient tenement, to a public road. -? /> S '>' /^-'^ /Date; LS/17 /(/I Grantor<s) :4 " "'»; tf/!?/#/ // ^-^ / /#&X/'fc,/>//tf/<rs's. J.--S .1- access.pri ISOIYIDOAI. ACKHOWLBDGMENT: STATE OF CALIFORNIA ) O^AMf,/ ) 88- COUNTY OF flMI- CISCO ) On this JT*"; day of UVn( , in the year I ft 4 I before mo, a Kotary Public in and for said count/ and state, personally appeared ^ ' ' personally known to e (or proved to e on the bass ofsatisfactory evidence) to be the person whose naae is subscribedto this instrument, and acknowledge that ho executed it. uoe&iusacowrnoicc tnnattotuetcnnn •\^»<ri-in 'aha for County and State MTB ACKKOWI£DGMEHT: CALIFORNIA ) COUNTY OF On this a Hotary Public inappeared in the year^ said County anjJK /^ _ State, before TO&, personally personally known to me (or\proveji-^ to ne on the basis ofsatisfactory evidence) to be tna^jrarson who executed the withininstrument as ^^^ or on behalf of the corporation thereiq named and acknowledged tome that the corporation executed it. Notary PuBi^c in and forsaid County and State access, pri Sulk- 100 RICK ENGINEERING COMPANY (»i«un moo 2V 4 Legal Description J - 9065-L PRIVATE ACCESS EASEMENT BYl 83/rab DATE: April 19, 1991 Page 1 of 1 OrdtrNO. DM An easement being a portion of the Horthvest quarter of the Southwest quarter of Section 32, Township 11 South, Range 4 West, San Bernardino Meridian, in the city of Carlsbad, county of San Diego, State of California, according to the United States Government Survey approved, more particularly described as follows: A strip of land being 24 feet wide, lying 12.00 feet on eact- side measured at right angles and parallel with the following described centerline; COMMENCING at the intersection of the two courses, as described in a deed to K.J. Babson, recorded August 25, 1961 as File/Page No. 148549 of Official Records; North 44'12'20" West 114.14 feet and South 45'47I4O" West 152.84 feet; thence along the Southeasterly line thereof North 45'41'09" East (North 45'47'40" East per Deed) 15.00 feet to the TRUE POINT OF BEGINNING; thence leaving said Southeasterly line South 30'02'30" East 50.29 feet; thence South 46-48157» West 61.33 feet; thence South 59'15'56« West 79.19 feet; thence South 4S*51'13" West 37.09 feet; thence South 56*10'14" West 15.30 feet; thence South 24*27*19" East 10.25 feet to a point on the Northwesterly line of a deed to the City of Carlsbad, recorded October 29, 1971 as File/Page No. 249983, said point being 12 feet Southwesterly and on a line parallel with the Southwesterly line of a dead to the city of Carlsbad, recorded October 29, 1971 as File/Page No. 249981; thence South 24*27«19" East along said parallel line 73.42 feet to a point on the Southerly line of said Deed File/Page No. 249983, said point being the POINT OF TERMINATION The sidelines of said easement shall be lenghtened or shortened to begin at said Southeasterly line of said Deed File/Page Mo. 148549 and shall end at said Southerly line of said Deed File/Page No. F/PNQ. 849981 VICINTY MAP LAT TdtllJUSTRATE LEGA! ESCRIPTION OF PRIVATE ACCESS ASEMENT RICK •NCBfNMMRINOI OGHWMUNYCIVIL. 1 "« 40 I DATE 2-7-91 WHEH RECORDED, PLEASE MAIL THIS IHSTRUKan TO I Henry L. Hague, Esq.Fiesi, Vetter, Knauf t Loy110 Mission Avenue, Sulto 300Post Office Box 240Oaeanslde, California 92049-0240 NO TRANSFER TAX DOE 23-JUL-1W U«54 on (.00 tfiIT' 1MUN AKEKDMEHT TO GBAKT DEED FOBEASEMENT FOR PRIVATE ACCESS For good and valuable consideration, receipt of which is herebyacknowledged, GKANTOR(S) and GRAHTBE, hereby agree to theamending of the terns and conditions of the eateaent for Ingressand egress sat forth in th» Grant Deed dated torch 3, 1972 andlocated in Book 1972, Pile Page 52230 that creates and grants theright of fay and incidents there to for private driving andaccess upon, over and across that certain real property in theCounty of San Diego, state of California, described as follows! An oaseaent of ingress and egress for road purposes 20.00 ''>feed In width over a portion of the northwest Quarter of theSouthwest Quarter of Section 32, Township 11 South, Range 4West, San Bernardino Meridian) the westerly, Northerly andeasterly lines thereof being described as follows i Beginning at a point on the westerly line of said KorthwestQuarter of the Southwest Quarter north 00* 56' 20" East,£25.00 feet iron the southwest corner thereof; thence Horth00° 56< 20" Bast, 5S.OO feet to the Northwest corner ofthat land conveyed to E.J. Babion, by deed recorded August25, 1961 as File Mo. 148549) thence along the boundary ofsaid Baboon's land South 89° 12' 20" East, 181.50 feet.South 00' 56' 20" West, 240.00 feet! and South 89° 12' SO"East, 5O.OO feet to the Easterly terminus of the hereindescribed line, being also the northwest comer of the landdescribed in Parcel 1 above. The easement hereinabove granted shall automatically cease,terminate and be of no further force and effect at such time asthe holder of the serviont tenement, be it the GRANTOR herein orhis heirs, successors or assigns, provides an alternativeequivalent easement from the dominant tenement nerved by theabove-stated easement, through the sarvient tenement, to a public road. access.and 766 Date i Grantae(s)i IKDIVlroAL ACKNOIJIED6HEHT: STATE OF CALTFORMIA ) ) SS.COUNTY OF SAM DIEGO j (or proved to aa „, be the person whose nab. iB »ujjscrijknowledge that ^"f^_ executed it. _ 'Public in and forlid county and state STATE OF CAUFORHIA COUNiy. OF SAN DIEGO On this "T da notary Publicappeared ) SS. in the year Iff/ before me, *n<1 Stata' ^^S^SS^SH^OWWULOU JANE SALZBRUNN SAlHOtECOCOUKTY kry Public in and fori County and state access* and STATE OF CALIFORNIA ) OlAHL-:f ) S8.COUHTY OF aw gtboo ) On this n*» day of _£>*< , in the year It'lla notary Public in and for said County and state,appeared TbJ.-.-f <^^^,,V before me,personally personally known to me (or proved to se on the basis orsatisfactory evidence) to be the person wnoae naae is subscribed to this instrument, and acknowledge that ht executed it INDIVXDDAL ACKKOWLEDCMEHT: STATE O? CALIFORNIA ) 0«-*+J(.-K- J SS.COUNTY - On this n** day of (C3,', a Notary Public in and for appeared fi,..u. ^t L . in the year it'll before ae, said county and State, personally personally known to ai (of proved to aa on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledge that— ~^>q. executed it.ill SETTLEMENT AGREEMENT AND MUTUAL RELEASE This Settlement Agreement and Mutual Release ("Agreement") is entered into ' by and among Kenneth R. Dabbs and Carolyn L. Dabbs (collectively "Dabbs") ; Wesco Homes, Inc. and Wesco Development .Company (collectively "Wesco"); Dal jit Sarkaria ("Sarkaria") ; city of Carlsbad ("Carlsbad") and Rick Engineering Company, a California corporation ("Rick") . The Parties are collectively referred to as the "Parties". 1. Recitals. This Agreement is executed with reference to and in contemplation of the following facts: (a) Disputes. Several disputes and claims have arisen and exist between and among the Parties, which are the subject of pending litigation described in Sub-Paragraph l(b) . It is the intention and desire of the Parties to execute a final settlement and resolution of all the existing disputes and claims, regardless e nature or basis. (b) Pending Litigation. On December 22, 1989, Dabbs filed suit by filing its Complaint for Injunction, Damages and Inverse Condemnation in the Superior Court of the State of California, County of San Diego, North County Branch, Case No. N46005 entitled Kenneth R. Dabbs and Carolyn L. Dabbs vs. Wesco Homes, Inc.. Wesco Development Company. Pali it Sarkaria. City of Carlsbad and Does I through X. Inclusive; and the related cross-complaints filed among the Parties. (c) Resolution. The undersigned understand, acknowledge and agree that this Agreement is a compromise of disputed claims and is not to be construed as an admission of liability by any Party to this Agreement. 2. Resolution of Litigation. Concurrently with the execution of this Agreement, each of the Parties shall execute and deliver a Request for Dismissal with prejudice of the action described herein and related cross-complaints. Upon execution of this Agreement, counsel for Rick shall file the Requests for Dismissal with the San Diego County Superior Court and upon entrance of the Dismissal, shall provide, counsel for each of the Parties a conformed copy of said Dismissal. 3. Costs. Each Party to this Agreement will bear its own Forney's fees and costs. 4. Release of Claims. Each of the Parties, on behalf of its self and its respective successors-ln-interest, agents, employees, assigns, affiliates, partners, co-ventures, heirs and representatives, hereby fully and forever release, acquit, and discharge, each of the other of the Parties and each such respective successors-in-interest, agents, employees representatives, departments, officers, directors and each of themof and from any and all liabilities, claims, cross-claims, demands! actions, causes of action, suits, contracts, controversies agreements, accounts and rights, which each of the Parties may have as against each of the. other Parties arising from the issues and defenses set forth in this Pending Litigation. The foregoing release shall include, but is not limited to, claims or actions or causes of action arising out of or relating to any laws or statutes of the United States or any State thereof including any alleged breach of the duty of good faith and fair dealing or unfair claims practices or acts concerning the issues and defenses set forth in this Pending Litigation. This Release shall not apply to any obligations created by this Agreement. 5. Consideration. Upon execution of this Settlement Agreement the Parties shall perform the tasks and deliver thedocuments necessary to accomplish the tasks in accordance with the following terms and conditions in consideration for the settlementof the Pending Litigation: (a) Wesco will provide for an utility easement across Lot 35 of the Wesco development known as Vista de la Valle, Carlsbad TractNo. 88-2 to Doreet Way to provide Dabbs with the ability to connect to the underground sewer and water utilities located below Doreet Way. This easement shall be sufficient to connect two residences • (to accommodate a future lot split). This easement is more • particularly described in Exhibit "A" to this Agreement, which is a copy of the Grant of Easement to be recorded in the Official Records of San Diego County as maintained by the County Recorder for San Diego County. It is expressly understood by all parties hereto that in providing for the easement described in this paragraph, neither Wesco nor any other party other than Dabbs shall be obligated to incur any costs or to provide either directly or indirectly any labor, services, equipment and/or materials related to the actual construction and connection of the utilitiesdescribed in this paragraph.; (b) Carlsbad will allow Wesco to grant the utility easement to Dabbs as set forth above and shall allow Dabbs or his successor in interest to apply for permission to connect to the sewer and water utilities located under Doreet Way. Any connection charges or other fees normally charged for connection to sewer utilities in Carlsbad shall be the responsibility of Dabbs and/or his successor in interest according to law. Construction of any connections or. use, along with any costs, fees, assessments or other charges or fiscal obligations imposed by law or incurred in the use of or construction activities associated with that use of the easement described in paragraph 5 (a) shall be the responsibility of Dabbs or his successor in interest only, and not of any of the otherparties to this agreement; —ft: V'C.'' ../^>*<' ' f. C £,.x/"i'-1 (o) Dabbs shall have recorded an amendment of the 20-foot recorded easement that currently encumbers Sarkaria's property and is contained in the Grant Deed dated March 3, 1972 and located in P°' Book 1972 at File/Page 52230 of the Official Records of San Diego County. This amendment will provide for the termination of the ^V'^T)^ easement described in this paragraph at the time an alternative J'Vi'>'' Ltf *u access easement is provided in accordance with the conditions of paragraph 5(d). A copy of the amendment is attached to this Agreement as Exhibit B; (d) Sarkaria shall have recorded an easement for ingress and egress in favor of Dabbs along the route Dabbs claims prescriptive rights and is presently used by Dabbs for ingress and egress from Dabbs property to Elm Avenue. This easement shall be of sufficient width to accommodate access to two residences on the Dabbs property as currently required by Carlsbad to allow a future lot split by , Dabbs into two residential lots, and is illustrated for purposes of this Agreement on the attached Exhibit "C", which is the Grant of Easement which is to be recorded in the Official Records of the County of San Diego as maintained by the County Recorder of San Diego. Said easement shall provide for automatic termination upon an alternate equivalent access being provided through the Sarkaria property (whether by Sarkaria or his successor in interest). This easement and this Agreement do not purport to actually split or subdivide or commence the requisite process of splitting or subdividing Dabbs parcel which is the subject of this Agreement. Any such division of the property shall be undertaken by Dabbs in accordance with the state and local laws and ordinances existing at the time Dabbs commences such division; (a) Description, for inclusion in the appropriate documents, of the easements set forth above shall be provided by Rick; (f) Carlsbad will process an encroachment permit to permit the continued use of that portion its property adjacent to the water tower located on Elm Avenue by Dabbs for ingress and egress from Dabbs property to Elm Avenue in a manner consistent with the current and past use by Dabbs of that portion of Carlsbad's property and not inconsistent with City use. The right of Dabbs to use the property shall be subject to the terms and conditions of the encroachment permit; (g) Recordation of the documents described above shall be done simultaneously or in the order established by the Parties on or before April 26, 1991 or any extension granted by express written consent of the Parties. 6. No Admission. The execution of this Agreement effects settlement of claims which are contested and denied. Nothing herein contained shall be construed as an admission by any Party thereto, of any liability of any kind to any other Party. Each Party acknowledges that the other Party expressly denies that he, she or it is in any way liable or obligated to the other. 7. Mutual Waiver of statutory Rights. Each of the Parties to this Agreement hereby waives all rights which may exist as against any of the Parties hereto under Section 1542 of theCalifornia Civil Code, which provides as follows: "A general release does not extent to claims which the creditor does no or suspect to exist in this favor at the time of executing the lease, which if known by him must have materially effected his settlement with the debtor." 8. Further Assurances. Each of the Parties shall hereinafter execute all documents and do all acts necessary, convenient or desirable, upon the reasonable request of any of the other Parties, to effectuate the provisions of this Agreement. 9. Successors. The provisions of this Agreement shall apply to, be binding on, extend to and inure to the benefit of the successors, assigns, transferees, grantees, indemnitees, heirs, administrators, executives, legal representatives, successors and agents of each of the Parties to this Agreement. 10. Independent Counsel. Each of the Parties to this Agreement acknowledge and agree that it has been represented by independent counsel of its own choice throughout all negotiations preceding the execution of this Agreement, and that it has executed this Agreement with the consent, and upon the advice of said independent counsel. 11. California Law. This Agreement is made and entered into in the State of California and shall, in all respects be interpreted, enforced and governed by the laws of this State. 12. Attorney's Fees. In the event litigation is commenced to enforce or construe any of the provisions of this Agreement, recover damages for breach of any of the provisions of this Agreement, or obtain declaratory relief in connection with any of the provisions of this Agreement, the prevailing party shall beentitled to recover reasonable attorney's fees and costs. 13. Interpretation.. Whenever the context requires, the singular number shall include the plural, the plural shall include the singular and the masculine shall include the feminine and neuter genders. 14. Captions.. The captions by which the paragraphs and sub- paragraphs of this Agreement are identified are for convenience only, and shall have no effect whatsoever upon its interpretation. 15. Ambiguity. This Agreement shall be deemed to have been drafted by each and every Party, and any uncertainty or ambiguity existing herein shall not be interpreted against any of the other Parties, but according to the application of the rules of interpretation of contracts,- if any such uncertainty or ambiguity exists. 16. Severance. If any provision of this Agreement is held to be illegal or invalid by a court of competent jurisdiction, such provision shall be deemed severed and deleted and neither such provision nor its severance and deletion shall effect the validity of the remaining provisions. 17. Integration. This Agreement constitutes a full integration of the entire understanding and agreement of the Parties with respect to the matters referred to herein. Any representation, promise or condition, whether written or oral, between the Parties with respect to the matters referred to in this Agreement that is not specifically incorporated in this'Agreement shall not be binding upon any of the Parties hereto; and the Parties acknowledge that they have not relied,' in entering into this Agreement, upon any representations, promises or conditions«specifically set forth in this Agreement. No prior oral or ten understanding, covenant or agreement between the Parties, respect to the matters referred to in this Agreement, shall survive the execution of this Agreement. 18. counterparts. This Agreement may be executed in counterparts. When each party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original and all counterparts taken together shall constitute one in the same agreement, which shall be binding and effective,as to the Parties. 19. Authority. Any individual signing this Agreement on behalf of an entity represents and warrants that he or she has the full authority to do so. DABBS:APPROVED AS TO FORM AND CONTENT: Feis\:, Vetter, KnaufiS Loy .Kenrteth R. Dabbs Henry R . HXgue^x WESCO: Kesco Homes, Inc. APPROVED AS TO FORM AND CONTENT: Hunt, Ortmann, Blasco, Palffy & f to " ",o. DABBS: Kenneth R. Dabbs APPROVED AS TO FORM AND CONTENT- Feist, Vetter, Knauf & Loy Henry R. Hague Carolyn L. Dabbs WESCO: Weico Homes, Inf 'Milan Dragojlovich Wesfcp Development Company APPROVED AS TO FORM AND CONTENT: Hunt, Ortmann, Blasco, Palffv &Rossell — J Milan Dragojlovich By:Milan Dragojlovich Wesco Development company Rossell By:Thomas Palffy By:.Milan Dragojlovich SARKARIA: Dr. Daljit Sarkaria APPROVED AS TO FORM AND CONTENT: Robert A. Von Esch, Jr. S Assoc. By:.Robert A. Von Esch, Jr. APPROVED AS TO FORM AND CONTENT: Hunt, Ortmann, Blasco, Palffy i Rossell By:Thomas Palffy Cit/y Attorney's Office Ronald R. Ball, Assistant City RECORDING REQUESTED BY AND AFTER RECORDATION, KAIL TO: Henry L. Hague, Esq. Fiest, Vetter, Knauf & Loy 810 Mission Avenue, Suite 300 Post Office Box 240 Oceanside, California 92049-0240 THE ORIGIHAL OF THIS DOCUI1EHT IMS RECORDED OH 23-JUL-1W11 DOOMNT NUI1BER 1991-0340935. WiHETTE EVflNS, COUNTY RECORDER SflH DIEGO COUHTY RECORDER'S OFFICE GRANT OF EASEMENT FOR WATER AND SEWER 0 MOMENTARY TRANSFER TAX £ 0 • / For good and valuable consideration, receipt of which is hereby- acknowledged, the undersigned Wesco Development Company, Wesco Homes, Inc., and Wesco/Herrick Co., as Grantor(s) hereby GRANT(S) TO KENNETH R. DABBS AND CAROLYN L. DABBS, situated in the County of San Diego, State of California, as Grantee, a permanent easement for the purpose of laying underground water pipelines and laterals, sewer lines, sewer trunk lines, collection lines and laterals, new manholes and other underground and surface structures appurtenant to said water and sewer lines, within said easement, together with the right to construct, operate, maintain, repair and replace said facilities, and the right of ingress and egress for such purposes. Said easement is described as follows: see Exhibit "A" for legal description and Exhibit "B" for plot illustrating the sewer and water easement. Grantor and Grantee shall not use this easement for anything inconsistent with this grant of easement and any conditions contained or a part of Map 12493, filed in the office of the County Recorder in San Diego County, State of California dated November 2, 1989. Grantor reserves the right to use said land at Grantor's own risk for any and all purposes not conflicting, interfering or inconsistent with Grantee's use. Grantor and Grantee shall not increase or decrease or permit to be increased or decreased the ground elevations of said easement existing at the time this document is executed, nor construct or permit to be constructed any permanent building, structures, improvements or other encroachment upon said easement. Grantor shall not cause or permit any excavation adjacent to said easement which will cause damage to or threaten the safety of any of said facilities of Grantee placed within the easement. Grantee shall have the right to transfer and assign this easement to its successor in interest, or to any other political subdivision or public utility for use of the above state purpose. grant. eas EXHIBIT "A" BY; WESCO HOMES, Inc., a - Corporation, General Partner date:Grantor(s) : Its President individually INDIVIDUAL ACKNOWLEDGMENT: STATE OF CALIFORNIA ) COUNTY OF DISCO ) On this _a Notary appeared nersonall /C-kL^ day Public in TO m_ v km>wn t( of and P 3 me \JL ftorf '. (e* said — pr<c in the year A?*? / County and State, befoi perse •e 'me, >nally personaj.j.y juiuwn *-w «ii= ^^E ^J.W«WM *.« «*& ~.. *...- - -- satisfactory evidence) to be the person whose name is subscribed to this instrument. andnacknowledge that AJL. executed it. . r (f /7/> Notary Pifblic in and for said County and State CORPORATE ACKNOWLEDGMENT: STATE OF CALIFORNIA ) SS. COUNTY OF -SftN- On this iCi-hl day of a Notary Public in and appeared ^ . , in the year / 11 I before me, >rQ said County and State, personally OUCH ' — personally known •untie factory to me (of—proveo—te—»e—on—tft€—lias is ot to be the person who executed the within P(?FSllSF.MTinstrument as or on behalf of the corporation therein named and acknowledged to me that the corporation executed it. OFRCVM86M.SHERYll. GREENNofoiy puWc-CofrwrtoCOUNTYMy Commldcn Exptc;Novemtx* 18. J994 • J , Notary Public in and for said county and State grant.eas PLAT TO ILLUSTRATE SEWER a WATER EASEMENT !«!» ritomar Oil, SuiwlOO RICK ENGINEERING COMPANY Legal Description J - 9065-L SEWER AND WATER EASEMENT BY: SS\rab 1 DATE: February 11, 1991 Page 1 of 1 ' An easement being in the City of Carlsbad, County of San Diego, State of California and being a portion of Lot 35 according to the Map thereof No. 12493, filed in the office of the County Recorder, in said County, in said State, dated November 7, 1989, more particularly described as follows: A strip of land being 15 feet wide, lying 7.50 feet on each side measured at right angles and parallel with the following described centerline: COMMENCING at the Southwesterly corner of Lot 35; thence along the Southerly line of said Map No. 12493 South 89*18"51" East 21.30 •feet to the TRUE POINT OF BEGINNING; thence North 23'46'56" East 43.46 feet; thence North 61*21'29" East 9.00 feet to a point on the arc of a non-tangent 38.00 foot radius curve concave Northeasterly, a radial line to said point bears South 61*21'29" West said point being on the Westerly right-of-way line of Doreet Way (a priv street) as shown on said Map No. 12493 and being the POINT) TERMINATION. The sidelines of said easement shall be lengthened or shortened to begin on said Southerly line and shall end on said Westerly right- of-way line. BI101 4 If WHEN RECORDED, PLEASE MAIL THIS INSTRUMENT TO: Henry L. Hague, Esq. Fiest, Vetter, Knauf & Loy 810 Mission Avenue, Suite 300 Post Office Box 240 Oceanside, California 92049-0240 NO TRANSFER TAX DUE - WE ORIfilM OF THIS DOCWENT IMS RECORDED OH 23-JUI-1991, . OOCtMNT HUB8ER 1991-0360934. ftNNETTE EMUS, COUNTY RECORDER SflN DIEGO COUHTY RECORDER'S OFFICE AMENDMENT TO GRANT DEED FOR EASEMENT FOR PRIVATE ACCESS For good and valuable consideration, receipt of which is hereby acknowledged, GRANTOR(S) and GRANTEE, hereby agree to the amending of the terms and conditions of the easement for ingress and egress set forth in the Grant Deed dated March 3, 1972 and located in Book 1972, File Page 52230 that creates and grants the right of way and incidents there to for private driving and access upon, over and across that certain real property in the County of San Diego, State of California, described as follows: An easement of ingress and egress for road purposes 20.00 feed in width over a portion of the Northwest Quarter of the Southwest Quarter of Section 32, Township 11 South, Range 4 West, San Bernardino Meridian; the Westerly, Northerly and Easterly lines thereof being described as follows: Beginning at a point on the Westerly line of said Northwest Quarter of the Southwest Quarter North 00° 56' 20" East, 625.00 feet from the southwest corner thereof; thence North 00° 56' 20" East, 55.00 feet to the Northwest corner of that land conveyed to E.J. Babson, by deed recorded August 25, 1961 as File No. 148549; thence along the boundary of said Babson's land South 89" 12' 20" East, 181.50 feet, South 00° 56' 20" West, 240.00 feet; and South 89° 12' 50" East, 50.00 feet to the Easterly terminus of the herein described line, being also the northwest corner of the land described in Parcel 1 above. The easement hereinabove granted shall automatically cease, terminate and be of no further force and effect at such time as the holder of the servient tenement, be it the GRANTOR herein or his heirs, successors or assigns, provides an alternative equivalent easement from the ..dominant tenement served by the above-stated easement, through the servient tenement, to a public road. access.amd Date;5",Grantor(s): Grantee (s):',2p^ cX INDIVIDUAL ACKNOWLEDGMENT: STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN DIEGO ) On this _ S~ day of a Notary Public in and appeared /< 1/V/vj.rH in the year before me,>•"• "~'. •* 'I * M^i-Vic me. £ Sa^-^°c"ty and state' Personally (X'ICIU UUJANESALZBRUNN WOTJRV Pi!!^!': CAU'OKNU M:NCtf/- OFFICE IN SAN DIEGO COUNTY My Commission Em August ?8.199? ~ Not&ry Public in and for said County and State in the year 199/ before me, app^oT^511- %^l^^g;r^ Per^onaTly .. STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN DIEGO ) On this day of personally known to we (or proved to me satisfactory evidence) to be the person who to this instrument, and a^knowlo^go that O'FIClM. l£»lJANF. SALZ8RUNN r-.'-Nr.:-1.., jPr,CF w SAN DISCO COUNTY My Commission tip Auousl 28.1992 on—the • subscribed executed it. , Public in and for County and State access.amd Recording Requested By: First Interstate Bank . , -.- ,.-• f~" - : When Recorded Mail To: v •' Jim Brown First Interstate Bank Los Angeles Regional Real Estate Center 707 Wilshire Boulevard, W18-5 Los Angels, California 90017' TUE ORIGIHfii OF THIS DOCUflENT IMS RECORDED ON 23-JUL-W1,' - DOCUI1EHT HUHEER 1991-03uO?33. HHHETTE EVftHS, COUHTY RECORDER SAH DIEGO COUNTY RECORDER'S OFFICE SUBORDINATION AGREEMENT NOTICE: THAT THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTERESTS IN THE PROPERTY BECOMING SUBJECT TO AND THAN THE LIEN OF LOWER PRIORITY OF SOME OTHER OR LATER INSTRUMENT. This Subordination Agreement is made between Wesco Development Company, herein after "Trustor" and First Interstate Bank, herein after "Beneficiary". Whereas, Trustor executed a Deed of Trust dated July 13, 1969 ; in favor of Beneficiary, which was recorded on fligust 22, 1989 , as Instrument Number 89-448342 , official records of San Diego, California, hereinafter called the "Subordinate Deed of Trust"; Whereas, the Subordinate Deed of Trust was security for a promissory note in the amount of 38,970,000.00 executed on July 13, 19S9 , by Trustor in favor of Beneficiary; Whereas, Trustor is the owner of the real property subject to the Subordinate Deed of Trust, hereinafter called "Real Property" which is located in the City of Carlsbad, County of San Diego, California and is more particularly described as Map Number 12493, recorded as File/Page Number N/A on November 7, 1989 in the official records of the County of San Diego, California; Whereas, Trustor desires to record a sewer and water easement in favor of Kenneth R. Dabbs and Carolyn L. Dabbs, hereinafter referred to as "Dabbs" and has executed or shall execute concurrently with this subordination agreement, a grant of easement for sewer and water use in favor of Dabbs, herein after referred to as "Easement" ; Whereas, Beneficiary is willing to subordinate its Subordinate Deed of Trust to the Easement and allow the Easement to become a superior lien to the Subordinate Deed of Trust; subordin.agr V) (L J'- 2. Whereas, it is mutually beneficial to Beneficiary and Trustor that Trustor grant the Easement to Dabbs and Beneficiary is willing to subordinate the lien of Subordinate Deed of Trust, and as far as it encumbers the real property, to the Easement in order that Trustor may record the easement; Now, therefore, the parties to this Agreement agree as follows: 1. Beneficiary hereby subordinates the Subordinate Deed of Trust to the Easement, which shall be recorded concurrently with this instrument in the office of the County Recorder of San Diego County, California. Beneficiary further declares that the lien of the easement shall be and is in all respects prior and superior to the lien of the Subordinate Deed of Trust. The terms of the Easement establish an easement for the construction of water lines and sewer lines and laterals : underground across a portion of Lot 35 of Map Number 12493 herein described above. 3. Beneficiary acknowledges that it hereby intentionally waives, relinquishes and subordinates the prior and the superiority of: the lien or charge of the Subordinate Deed of Trust in favor : of the lien of the Easement and that it understands that in • „. reliance on and consideration of this waiver, relinquishment 1 and subordination, use of the Easement will be made by Dabbs or his Successor-In-Interest with regard to the Easement. • 4. This Agreement contains the whole agreement between the j parties relating to the Subordinate Deed of Trust, and the ' Easement and the priority of those instruments. There are no agreements, written or oral, outside or separate from this Agreement, and all prior negotiations, if any, are merged into this Agreement. 5. This Subordination Agreement shall inure to the benefit i , Dabbs, his legal representatives, successors and assigns and shall be binding on Beneficiary and Trustor, their respective heirs, legal representatives, successors and assigns. STATE OF CALIfORNIA ^f A fi Iss, COUNTY OF d~-Fr-v U .*..* \_U~\^ \ | On U-'. ff.. I'.! ! '' 3 ! belore me. the undersigned, a Notary Public in and lor 1 said State, p.rL.lly1)rp..r.H T O tV P . 0 QL I Q ft and « «r—— ... • ' ' '_•"•_"• -^ _~ personally known to me (urproied to **o o* tha J*rrc«) to be the person\who executed the wtihin instrument as_ _Pr»sldant and *—' •• -_. •._-_ ,Se».-et»fyi on behalf ol_ i £ the corporation therein named, and acknowledged to me that ! such corporation executed the within instrument pursuantio its bylaws or a resolution ot its board ol directors. j WITNESS my hand and official seal. S*n Signature. Notay M>»e-CoitomloIDS ANCBJES COUNIY My Commission ExpkM November 18. 1WX (This area lor orticial notarial seal) Sent by: CONTINENTAL LAWYERS TITLE 619 541 0187; 06/03/97 3:24PM;Jetfax #439;Page 1/4 TELEPHONE: (619)278-4171 • FAX (619)541-0187 DATE: TIME OF TRANSMISSION: ATTENTION: OFFICE: REFERENCE: FROML. , LAWYERS TTTT.R - CUSTOMER SERVTCF. TOTAL PAGES: (INCLUDING COVER PAGE) Sent by: CONTINENTAL LAWYERS TITLE 619 541 0187;06/03/97 i ; = xc « ; c. •: o Sj| 9 10 11 12 13 14 15 16 17 18! 19 20 21 22 ij i 23 25 26 27 28 15O5 VINCENT F. BIONDO, OR. City Attorney Ci ty of Carlsbad 1200 Elm Avenue Carlsbad, California 92003 Phone: (714) 729-1811 Attorney for Plaintiff 2/4 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN DIEGO CITY OF CARLSBAD, a Municipal Corporation of the State of California, Plaintiff, v. DANIEL D. MacKENZIE, St. al,, Defendants. HO, 327 858 FINAL ORDER OF CONDEMNATION Parcels 15A and 158 IT APPEARING TO THE COURT that plaintiff has deposited into court for the defendants entitled thereto, the sum ef money, set forth in the Judgment in Condemnation entered in this pro- ceeding as to the real property and interests in real property described as Parcels 15A and 156 in plaintiff's complaint on file herein. IT FURTHER APPEARING TO THE COURT that possession of said parcels was taken by plaintiff on September 22, 1971. NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the real property situated in the County of San Oiego, State of California, and more particularly described in Exhibit "A" attached hereto and made a part hereof, be condemned to plaintiff Sent by: CONTINENTAL LAWYERS TITLE 619 541 0187;06/03/97 #439;Page 4/4 1507 EXHIBIT "A" of. that portion of Lot 7, of Section 32, Township 11 South, 4 West, San Bernardino Meridian, in the City of Cacisba^ . County of San Die<;o, State of California, according to United States Government Survey approved, described as follows: Beginning at the northwest corner of said -Lot 7, being also the southwest corner of the northwest quarter of the southwest cuarter of said Section 32; s south 89" 1.1 ' 20" East, .along the north line of said tot 7. a distance of 353.62 feet to the TRU3 POINT OF BEGlNNUKS of the portion to be described. Thence from said TRU3 POINT OF BEGINNING South. 24" 15' 57" East, a distance t>£ 155.94 fact to the southeasterly boundary of Grantor's property being a point on an 892. on foot radius circular curve, concave southeasterly (frorn said point the center of said cwrve bears South 49' 33' 44" East)? rhence northeasterly along said curve, and said Grantor's boundary, an arc distance of 206.00 feet, through an angle of 13" 13' 54-", to the nocth line of said Lot 7; Thence North 89° 11' 20" West, along the north line of said Lot 7, a distance of 214.98 feefto the TRUE POINT OF BEGINNING of the portion described. . •, 15-3 All of that portion of Lot 7, of Section 32, Tovnship 11 South, Range 4 west, San Bernardino Meridian; in the City of Carlsbad, County of San Dieqo, Slats o£ California, according to United States Government Survey approved, described as follows: Beginning at the northwest corner of said Lot 7, being also the southwest corner of the northwest quarter of th« southwest of said section 32; Thence South 89" 11' 20" East along the north line of said Lot 7 a distance of 303.94 feet to the TRUE POINT OF BEfilNUISG o£ the eascnent to be described; Thence from said TRUE POIKT OP BEGINNING South 24° IS' 57" Bast 3 distance of 200.85 foct to the southeasterly boundary of Grantor's property, ooincr a point on the arc of an 892 foot radius curve, concave southeasterly , (from said point the center of said curve tooars South 52" 4B ' 16" East); Thence northeasterly tilong said 892 foot radius curve, through an angle of 3° 14' 32" for an arc distance of 50.48 feet? The.icc Korch 24' IS1 37" West a distance of 156.54 feet; Thence North 89° It1 20" West a distance of 49'. 68 feet to the TRUE POINT OF BEGINNING of the easement described. And Grantor floos filso grant Co Grantee the right to extend and maintain drainage utrueturoa and excavation and embankment slopes the linii-.e of said right of way where required for cansf.ructian Sent by: CONTINENTAL LAWYERS TITLE 619 541 0187; 1506 ij for reservoir and street and highway purposes, in fee simple Absolute, unless a "lesser estate is described. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that a certified copy of this Order be recorded in the office of the County Recorder of the County of San Diego, State of California, and thereupon t-itle to said property described in Exhibit "A" 06/03/97 3:24PM;wferi§x #439;Page 3/4 8 10 11 12 shall vest in plaintiff and all interests of defendants E. Reed Adler, Kathleen Adler, County of San Diego, Daniel D. MacKenzie, Dolores S. MacKenzie, Len E. Hulten and iflnona K. Hulten in and to said real property shall be terminated. DATED: 13 14 15 16 17 18 19 jj 20 j 21 • OO i/S»- ! ll 23 It I'24 | 25 I 26 ! 27 1 DEC -7 1973 WILLIAM P. MAHEDY ""JUDGE OF THE SUPERlo.i ^"^'-'iff'^A^ Jesse Osirna, C3j.rrc:-:r!.-:.i: :•••.:•.«/i^sr^rvTw^ofawS!* I 5.oJ Ki-'v^:,:,-:;:';.-tc^T!«C;jD:ig3. -2- EXHIBIT "A" ^2. Easement B: (13-B) All of that portion of the Northwest Quarter of the Southwest Quarter of Section 32, Township 11 South, Range 4 West, San Bernardino Meridian in the City of Carlsbad, County of San Diego, State of California, according to United States Government Survey approved, described as follows: The westerly 15.00 feet of the southerly 680.00 feet, and the southerly 15.00 feet of the westerly 303.94 feet of said northwest quarter of the southwest quarter of said Section 32, excepting therefrom that portion thereof that is within following described Easement "C". (Said westerly 15.00 feet shall be extended northerly so as to terminate in the northerly line of Grantor's property.) Easement C: (13-C) All of that portion of the northwest quarter of the southwest quarter of Section 32 Township 11 South, Range 4 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, according to United States Government Survey approved, described as follows: Beginning at the southwest corner of the northwest quarter of said . southwest quarter of said Section 32; Thence South 89° 11' 20" East along the southerly line of said northwest quarter, a distance of 303.94 feet to the TRUE POINT OF BEGINNING of the portion to be described; Thence from said TRUE POINT OF BEGINNING South 89° IT 20" East a distance of 49.68 feet; Thence North 24° 15' 57" West, a distance of 79.06 feet; Thence South 65° 36' 24" West, a-distance of 45.00 feet; Thence South 24° 15' 57" East, a distance of 57.90 feet to the TRUE POINT OF BEGINNING of the portion described. And Grantor does also grant to Grantee the right to extend and maintain drainage structures and excavation and embankment slopes beyond the limits of said right of way where required for construction and maintenance. (Right of Way Easement B and C.) As shown for convenience sake on Attachment "A", attached hereto and made a part hereof. (13-B) (13-C) RECOUPING REQUESTED DY "CITY OF CARLSBAD '%200 Elm Avenue sb .-1, California 92008 AND WMfr COMUCO MAIL TO CITY CLERK City of C-rlsbad 1200 Elm rivenue Carlsbad, California 92008 ~l J 2-19981FILE/PAGE NO. .. BOOK 1971 RECORDED REQUEST OF TITLE INSURANCE & TRUST CO. Ciir 1 r n """ CITY OF CARLSBAD 1200 Elm Avenue '"I'.,1, i Carlsbad, California 92008 NO FEE SPACE ADOVE THIS LINE FOR RECORDER'S USE OCT29 9:OOAM71 OFFICIAL RECORDS SAN DIEGO COUNTY, CALIF. HARLEY F. BLOOM RECORDER Slrttl Add.<u Documentary Transfer Tax sConputed on iu\\ valuc~6i property" convoyed. cr computed on full value less liens and en- cumbrances regaining thereon at tino o£ sale. f.Signature of declarant or agent determining tax Firm Vane Corporation Grant Deed v. x r. x x^a x x TO 406 CA (7-6BI THIS FORM FURNISHED BY TITLE INSURANCE AND TRUST COMPANY FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, GROUP TEH INVESTMENT AND DEVELOPMENT CORPORATION, a California Corporation a corporation organized under the laws of the slate of hereby GRANTS to the City of Carlsbad ''FOH PHF '.'IJXliHT the following described real property in the City Of Carlsbad County of . San DiegG .State of California: That portion of the northwest quarter of the southwest quarter of Section 32, Township 11 South, Range 4 West, San Bernardino Meridian, in the City of.Carlsbad, County of San Diego, State of California, according to United States Government Survey approved, described as follows: Beginning at the southwest corner of the northwest quarter of the southwest quarter of said Section 32; , Thence South 89° 11' 20" East along the southerly line of said northwest quarter a distance of 353.62 feet, to the'TRUE POINT OF BEGINNING of the portion to be described; Thence from said TRUE POINT OF BEGINNING North 24° 15' 57" West, a distance of 79.06 feet; Thence North 65° 36' 24" East, a distance of 206.00 feet; Thence South 20" 28' 50" East, a distance of 171.00 feet to Grantor's southerly property line; Thence North 89° IT 20" Hest, a distance of 214.98 feet along Grantor's southerly property line to the TRUE POINT OF BEGINNING of the pcrtidh described. (As shown for convenience sake on Attachment "A", attached hereto and made a part hereof. (13-A) 111 Witness Whereof, said corporation lias caused its corporate name ami seal to lie aflixed hereto and this instru- ment to lie executed l.y its President andJ Secretary thereunto duly authorized. Dated: STATF. OF*CALIFORNIA COr.VTY. OKjr On , // . /f7/ Notary 1'iil.lic in anil fi.r li.d.ri/ nif. llir 'ini'trr- i'l Slav. ]"-Tr"Hullv a|i|K-ylcd In ln<: Lo l»: Hi.' *• /l, ' It t'l I,.: li,..-_- S f? known In nu1 ttt lie , _Sfi-ri'l:iry o( tin- C'li'iinrali'.n lli.it i-\iviin-.l ilu- II ll:-1MIMI.-lll. Lll'iKI) I" III'' I" I"' ill'' IM-I-I.II- V.I MTIIIfll ill,' in Iii-liiiiin-nl "ii |j.'h::!i '•! llif (.'iirpiiulii'il lli'.Tfin iijincil. :IIM| iivvl:-i!xf'l In MM'thai -urli (^irlioialinn i-vruli-il llir v.illiin lr>*lni CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 196-3 SCHEDULE A mvx §st -:.-v«>..-• POLICY NO. » AMOUNT i PREMIUM « EFFECTIVE DATE» 906183 PLANT ACCOUNTS ARBS NOS. 37 AND 80 $K»500.00 $115.25 OCTOBER 29» 1971 AT 9*00 A. M. NAME OF INSURED CITY OF CARLSBAD 1. TITLE TO THE ESTATE OR INTEREST COVERED BY THIS POLICY AT THEDATE HEREOF IS VESTED 1N« CITY OF CARLSBAD 2. THE ESTATE OR INTEREST IN THE LAND DESCRIBED OR REFERRED TO IN SCHEDULE C COVERED BY THIS POLICY IS A FEE AS TO PARCEL ll AN EASEMENT MORE PARTICULARLY DESCRIBEDAS TO PARCEL 2 SCHEDULE B THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OFTHE FOLLOWING. PART ONE ALL MATTERS SET FORTH IN PARAGRAPHS NUMBERED 1 TO 5 INCLUSIVE ON THE INSIDE COVER SHEET OF THIS POLICY UNDER THE HEADING SCHEDULE B PARTONE. PART TWO "«s S.?..l.s , ." r'k ''•?;« /:•'%•#,$ >-Z ' _ FILE/PAGE NO. ~ __.. „ ~J . ^X BOOK- 1971' ^^' • / \ RECORDED REQUEST OF ' / \TITLE INSURANCE & TRUST C( • . ' • V^V OCT29.9:OOAM7. EASEMENT \^__^/ OFFICIAL RECORDS ( SAN DIEGO COUNTY, CALIF.HARLEY F. BLOOM ILI -j^.- . 1 i ^.., , i •,,, RECORDERFor valuable consideration, receipt whereof is hereby acknowledged, Mp r-T GROUP TEN INVESTMENT AND DEVELOPMENT CORPORATION, A California Corporation • the Grantor, does hereby grant to the City of Carlsbad , the Grantee, a right of way easement described as follows: (Attached Exhibit "A") i It is understood and agreed by the parties hereto that the easement herein described is ! granted as a perpetual easement for the purpose of erecting, constructing, reconstructing, replacing, repairing, maintaining, and operating water system, sewerage, drainage, power line excavation, and/or embankment facilities and appurtenances thereto, together with the right of ingress and egress to and from said right of way by practical route or routes, together • j'with the right to clear and keep clear said right of way from buildings, structures, j trees and.brush, and any similar surface or subsurface encroachment which may interfere with | reasonable and proper use of the right of way easement. The Grantor and successors in estate ] of the aforesaid lands hereby agree to neither permit nor erect or construct any building I or structure , plant any tree, or otherwise create or permit any encroachment which may interf (with reasonable and proper use of the said right of way easement by the Grantee. b f IN WITNESS Whereof, Grantor has executed these presents this , 19 7i . „ 4 day fk STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) On 19 before me,'the undersigned, a Notary Public in and for said County anb State, personally appeared After recording mail to: CITY CLERK, City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 THIS SPACE FOR RECORDER'S USE known to me to be the person whose name subscribed to the within instrument, and acknowledged to me that executed the same. WITNESS my hand and Official Seal. Not?ry Public in and for said County and State Documentary Transfer Tax $ Computed on Full Value of Property Conveyed, Or Computed on Full Value Less Liens and Encumbrances Remaining at Time of Sale. For valuable considere^Pol^Preceipt 'whereof is hereby ackn^^^y, £j£ :'£*; GROUP TEN INVESTMENT AND DEVELOPMENT CORPORATION,•A California. Corporation . • the Grantor, does hereby grant to the City of Carlsbad , the Grantee, a right of way easement described as follows:^ Q[. ,fm,. ,,0(,,JMENT FOR THK !!i;;H [•'.!•' IT UK .(Attached Exhibit "A")' I It is understood and agreed by the parties hereto that the easement herein described is granted as-a perpetual easement for the purpose of erecting, constructing, reconstructing, replacing, repairing, maintaining, and operating water system, sewerage, drainage, power line, excavation, and/or embankment facilities and appurtenances thereto, together with the right of ingress and egress to and from said right of way by practical route or routes, together • wit.h the right to clear and keep clear said right of way from buildings, structures, trees and brush, and any similar surface or subsurface encroachment which may interfere with, reasonable and proper use of the right of way easement. The Grantor and successors in estate of'the aforesaid lands hereby agree to neither permit nor erect or construct any building or structure, plant any tree, or otherwise create or permit any encroachment which may interfere reasonable and proper use of the said right of way easement by the Grantee. IN WITNESS Whereof, Grantor has executed these presents this , 197/ . day i-i & a., : STATE OF CALIFORNIA) i COUMTY OF 3&G&e£S£i I On /ls!a.(*&lr- a , 19"7£, before me, the • undersigned, a Notary Public in and for said County ; artJ State, personally appeared After recording mail to: CITY CLERK, City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 THIS SPACE FOR RECORDER'S USE Tcnown to me to be the person whose name subscribed to the within instrument, and acknowledged to me that ^__^ executed the same. WITNESS my hand and Official Seal. Notary Public in" and for said County and State Documentary Transfer Tax $ Computed on Full Value of Property Conveyed, Or Computed on Full Value Less Liens and Encumbrances Remaining at Time of Sale. _ . Signa,tijre of Declarant or Ager.t Determining Tax Firm Name n K9-n-ll) I TTAf'UlUfilllT EXHIBIT "A" All of that portion of the northwest quarter of the southwest quarter of Section 32, Township 11 South, Range 4 West, San Bernardino Meridian in the City of Carlsbad, County of San Diego, State of California, that is within a 15.00 foot wide strip of land having a centerline that is 7.50 feet southerly of and concentric v/ith the following described line: Beginning at a point on the south line of said northwest quarter of the southwest quarter of Section 32 distant thereon South 88° 41' 14" East (South 89° 12' 20" East, Deed) a distance of 643.29 feet from the southwest corner thereof, said point being also a point on a curve, concave southeasterly having a radius of 850 feet, a radial line to said point bears North 31° 58' 07" West; Thence along the arc of said 850 foot radius curve, through a central angle of 25° 13' 18" a distance of 374.17 feet to the easterly line of Grantor's property, a radial line to said point bears North 6° 44' 49" West. Sai'd 15.00 foot wide strip of land is to be extended and shortened so as to begin on said south line of said northwest quarter of the southwest quarter of said Section 32 and to end on the said east line of Grantor's property. And Grantor does also grant to Grantee the right to extend and maintain drainage structures and excavation and embankment slopes beyond the limits of said right of way where required for construction and maintenance. As shown for convenience sake on Attachment "A", a part hereof. (Parcel 25) attached hereto and made CERTIFICATE OF TO 449 C •„ (Corporation) STATE 0? CAIJFOKMA COUNTY or ORANGE j - This is to certify that the interest in. real property conveyed by the deed or grant dated March 11, 1971i fromGroup Ten Investment and Dev/el opment , to thl btU^^tlr^s^d^Va^forni-, a political corporation and/or governmental agency, is hereby accepted by the undersigned officer or agent on behalf of the City Counci-.l of the City of Carlsbad, California', pursuant to authority conferred by . Resolution H 1537 of the City of Carlsba-d adopted on July 2 , 1963, and the grantee consents to the recordation thereof by its duly authorized o f£ ice r .^ ^/W/'^^ #: MARGARET K. ADAH?, City Clerk DATED : (Qt£-& f - ?' /? 7 / On March 11, 1971 Stale Icmiwn I.. knmvn 1< InMruim'i ackm.wl.- jNsiniinn nil I G im- f,, !>«• ll./- pi** f.i lie 1 ..n Mialf of lh,- rorp l^t-tl to nit- tlial such cur; 1 put >uanl lo ils Iiy-Iaws "EORGE~T~. S.-rn w]lO t*XCTUU*(J oration therein (oration i-xecuK- or a resolution GALE Pr,«i.l,,,,, ;„„) PAULINE P. lary of lln: corporation that executed the ihe wjihin named, and I llu- wiiliip .""" .... rVj of its U.ard 1 ^: '-.-;.' ->x PEASE GENE CP.A! cnl. M TNKSS my lid apcf'official seal. I Wv.S^ F.'v ^^7 ""l ^- ft ^^, -^ IK. •*%"/ t/' If r—.—-.:":; :. ; •..',; \i /„ ••"'•. '• A / :/- T^^L.,--':"^--.'. s I-'- v •"• y'^f —"A " "" '••" * *• i 1 O EXHIBIT "A1 EASEMENT (31) All thst portion of the Northwest Quarter of the Southwest Quarter of Section 32, Township 11 South, Range 4 West, San Bernardino Meri- dian in the city of Carlsbad, County of San Diego, State of California, according to United States Government Survey approved, described as follows: The Westerly .15.00 feet of the Northerly 244.20 feet of the Southerly 924.20 feet of saia- Mtfrthwest Quarter of the Southwest Quarter of said Section 32. And Grantor does also grant to Grantee the right to extend and maintain drainage structures and excavation and embankment slopes beyond the limits of said right of way where required for construction and main- tenance. Right of Way Easement (31). As shown for convenience sake on Right of Way Drawing No. 159-9, Sheet 6, on file in the office of the city Engineer, City of Carlsbad, County of San Diego, State of California.r HERE »» < -TO 449 C (Corporation) - STATE OF CALIFORNIA ,, . COUNTY OF ^dLSl^x. /V-U^f (/ ' On tij-YlJ /*/. / 1 "7 / -Slntp, pnr^-nnnlly tnpp.»nrp(| V' kn.iwn lo me lo be I he persons who , } » "-(- l>r..«*£l..nl «„.] V ~/^^"l^ ' executed (he within '•%' Public in and for said <f. "iJ?/t.£~l.t'i&'Hs the within Instrument, I Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the .wiihin instalment pursuant lo Ju by-laws or a resolution of its board %of' ilircclors. WITNESS my hand anil official seal. Signature- ,'J '•V.V.V.V.V.'.V.-.V.-.VVIRGINIA R. BELDfTN NOTARY PUBLIC '''":»=! Office. San Wsjo Co. Calil. My ComiTiijsion Expires March 24, 1974 ' '• V .u.:'.=.=_>' '-*r» *-»•».•«•..... Name (Typed or Printed) CERTIFICATE OF (Thil Area for I Iciil notarial teal) This is to certify that the interest in real ororserty conveyed by the deed or grant' dated /P/-// /- /f?/ 1 to the City of Carlsbad, California, '• a political corporation and/or : tjof ernmen tal agency, is hereby accepted by the undersigned officer or agent en behalf of the City Council of the City of .Carlsbad, California, pursuant to ffUJtfrp.i-.i-tV-'. conferred by Resolution i!l'5-t'?^of:. the .City of Carlsbad adopted cn;-Jul-y"i2.,. 1965., and the grantee c-eh.sents, to /the- recordation thereof by • '"'•• ' ' '• - L ' - ?d officer-^ E. AP/.A'S, City ClerA- i't^' -riuTy '?u.th '."•- S DAVED ?• 'SITE S*N MARCOS OUVCNHAIN *D VICINITY MAP NO SCALE PRELIMINARY REVIEW APPLICATION PROJECT NAME: OWNER (Print or type) Address "713Q City, State & Zip Cae££feAQ;(3V APPLICANT (Print or type) Address 1 1 3D Signatur City, State & Zi Telephone l(pOJT^. (~( Signature CO- ^Owner's signature indicates permission to conduct a preliminary review for a development proposal. PROJECT ASSESSOR'S PARCEL NUMBER(S) ( APN1 :I UT- 2SQ - 1 (C CO DESCRIPTION OF PROPOSAL (ADD ATTACHMENT IF NECESSARY): WOULD YOU LIKE TO ORALLY PRESENT YOUR PROPOSAL TO YOUR ASSIGNED STAFF PLANNER/ENGINEER? YES Q NO 0~~ PLEASE LIST THE NAMES OF ALL STAFF MEMBERS YOU HAVE PREVIOUSLY SPOKEN TO REGARDING THIS PROJECT. IF NONE, PLEASE SO STATE. FOR CITY USE ONLY PROJECT NUMBER: _ FEE REQUIRED/DATE FEE PAID: "7 / 3 (a / RECEIPT NO.: RECEIVED BY: YO.^1 RECEIVED JUL ^ b 19S9 CITY OF CARLSBAD PLANNING DEPT. Routing: Planning [~] Engineering Fire Water Other. FRM0025 11/98 PAGE 3 of 3 City of Carlsbad 1200 Carlsbad Village Drive Carlsbad 2M 07/ W °2 420-GO Applicant: CONCORDLA HOMES Description PRE99055 Amount 420.00 Receipt Number: R0005169 Transaction Date: 07/26/1999 Pay Type Method Description Amount Payment Check 3392 420.00 Transaction Amount: 420.00 rM